2 RFPNH45AllBlackspot PDF
2 RFPNH45AllBlackspot PDF
Name of the Remedial Measures for the MoRT&H Identified Black Spots –TN-
work: 027, TN-033 (10 nos), TN-034-05, TN-036 (5 nos), TN–089 (3 nos),
TN-101-02 and construction of Foot Over Bridge at TN-101-01
along Tambaram to Tindivanam Section of NH-45 (New no. 32)
in the State of Tamil Nadu – 2nd Call.
VOLUME - I
Regional Office
National Highways Authority of India
(Ministry of Road, Transport & Highways)
SRI Tower, 3rd Floor
DP - 34 (SP), Industrial Estate,
Guindy - Chennai-600 032
Phone No: 044 - 22252635
Fax No: 044 - 22252636
E mail: [email protected], [email protected]
Page 1 of 174
CONTENTS
Page no.
Section Description
From To
VOLUME - I
SECTION-I NOTICE INVITING TENDER 3 6
VOLUME - II
BILL OF QUANTITY 111 121
SECTION-VIII
FINANCIAL BID
Page 2 of 174
(SECTION-I)
NOTICE INVITING TENDER
Page 3 of 174
Notice Inviting Tender
(National Competitive Bidding through e-Tendering mode only)
NIT No: RO-CHENNAI/2019/Improvement works to Black Spot/13, Date: 11.11.2019
1. The National Highways Authority of India (NHAI) hereby invites bids through “e-tendering
mode” from experienced firms / organizations (hereinafter referred to as the “Bidders”) to bid for
the works detailed in the table as mentioned below from the eligible bidders, excluding those firms
who have been declared as non-performer by NHAI or the firms those are blacklisted / debarred
for specified period by NHAI.
1.1 The preliminary requirements (detailed requirements are given in the Bid Document) of bidding firm
/ Contractor for above packages are mentioned as under: -
Bid Security Average Turn-over Work of similar nature during Time for
(Rs. Lakhs) during last years last 3 years (Commencing from completion
(Rs. Lakhs) Yr 2016-17) (Days)
(Rs. Lakhs)
18.07 271.03 Single work of Rs. 722.74 Lakhs 180 Days
lakhs lakhs OR
Two works of Rs. 451.71 Lakhs
OR
Three works of Rs. 361.37 Lakhs
2. Bidding is open to eligible bidders under single stage e-tender wizards system bidding procedure.
4. It is mandatory for all the bidders to have class-III Digital Signature Certificate (With Both DSC
Components, i.e. Signing & Encryption in the name of authorized signatory (who will sign the Bid)
from any of the licensed Certifying Agency (Bidders can see the list of licensed CA‟s from the link
https://etenders.gov.in ) to participate in e-tendering of NHAI.
5. To participate in the e-bid, it is mandatory for the Applicants to get themselves registered with the
NHAI e-Tendering Portal (https://etenders.gov.in) to have a user ID & Password.
Page 4 of 174
6. The Bidders, who have already obtained such valid user ID and Password for any other project,
need not obtain fresh user ID and Password for the purpose of participation in the present Project.
The bidders will be allowed to download the bid documents up to 26.11.2019, 10:00Hrs. The
downloading facility of bids on e-tendering portal will be made available even if the day prior to
the bid due date falls on Saturday/ Sunday/ Holiday.
8. The document containing the instructions to Bidders and form of Contract shall be available on e-
tendering portal of the NHAI or from https://etenders.gov.in.
9. The complete bid document can be viewed/ downloaded from the e-tender portal i.e.
https://etenders.gov.in or www.nhai.gov.in free of cost. To participate for bidding, bidder have to
pay Rs.50,000/- + GST @ 12% (Rs.56,000/-) (non-refundable)towards the fee of bidding document
through on-line mode of payment in the below mentioned account of RO Chennai on or prior to
last date & time of sale of bid document.
10. The Bids shall be submitted online in the prescribed format given on the said websites on or before
the date and time as mentioned above. No other mode of submission is acceptable. The financial
bid shall be opened online only of those bidders whose technical bid is found responsive.
11. Bidders shall upload copies of all documents listed below while submitting the bid online.
a) Online receipt of payment towards cost of tender document
b) Original of Bid Security Bank Guarantee
c) Original Power of Attorney for signing of bid
Page 5 of 174
d) Original Power of Attorney for lead member of the JV, if any
e) Original joint bidding Agreement for JV, if any
f) Original of Integrity Pact,
g) Original of experience certificates apostle at foreign origin, if any
12. Technical & Financial evaluation of bid and declaration of result shall be done based on the
documents received online after confirmation of Bid Security BG from the issuing Bank and
payment for cost of tender in Authority‟s Account.
13. Bidders shall submit Originals of all documents listed at para 11(a to g) above after declaration of
bid evaluation result by Authority.
14. All the Bidders failing to submit the original documents required as per para 13 above will be
unconditionally debarred from bidding in NHAI projects for a period of 5 years.
15. In case L-1, Bidder fails to submit the originals as per para 13 above the bidding process shall be
annulled and Tenders will be re-invited.
16. Representatives of the bidders (maximum upto two) who choose to attend may attend the online
opening of the bids at RO Chennai on the date and time as mentioned above. However, such
representatives shall be allowed to attend the opening of the bids only if they produce letter of
authority on the letterhead of the bidder, at the time of opening of bids as mentioned above.
17. It is clarified that, the bidders have to upload the details of cost of bid document, on or before the
last date & time of sale of bid documents mentioned above on the e-tendering portal, otherwise, it
will not be possible for them to upload the e-tender documents on the e-tendering portal. Bidders
are advised to upload their bids well in time, to avoid last minutes rush on the server or
complications in uploading. NHAI, in any case, will not be responsible for any type of problem in
uploading the bid.
18. Submission of the Bids after the Bid Due date and time shall not be permitted. Time being
displayed on e-tendering portal of NHAI (“Standard Time”) shall be final and binding on Bidder.
Bids are required to be submitted by Bidders, only as per the Standard Time and not the time as per
their location/ country.
19. The Bidders are advised to submit their Bids well before the Bid Due Date. The Authority shall not
be responsible for any delay in submission of Bids for any reason including server and technical
problems. NHAI reserves the right to accept or reject any or all Bids without assigning any reason
thereof.
20. In case of any problem with the submission of the Bid, the Bidder may have the assistance of help
desk or use the help manual given on the said website.
Page 6 of 174
SRI Tower, 3rd Floor
DP - 34 (SP), Industrial Estate,
Guindy- Chennai-600 032
Phone No: 044 - 22252635
Fax No: 044 - 22252636
E mail: [email protected]
Page 7 of 174
SECTION-II
Instructions to Bidders
Page 8 of 174
Section II: Instructions to Bidders
Table of Clauses
Page 9 of 174
Section II
Instructions to Bidders (ITB)
A. General
1. Scope of Bid
1.1 The Employer (i.e.Chairman, National Highways Authority of India) invites bids for “as
described in these documents and referred to as “the works”. The name and identification
number of the works is provided in the Notice Inviting Tender.
1.2 The successful Bidder will be expected to complete the Works by the intended Completion Date
specified in the Contract Data (Part I General Conditions of Contract).
1.3 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives
(bidder/tendered, bid/tender, bidding/tendering, etc.) are synonymous.
2. Source of Funds
2.1 The expenditure on this project will be met by the National Highways Authority of India.
3. Eligible Bidders
3.1 This Invitation for Bids is open to all bidders meeting the qualification requirements prescribed in
this document.
3.2 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices by
the Central Government, the State Government or any public undertaking, autonomous body,
authority by whatever name called under the Central or the State Government.
4.1 Deleted
4.2 All bidders shall furnish the following information and documents with their bids
in Section-3, Qualification Information.
(a) Scanned copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; scanned copy of written power of attorney
of the signatory of the Bid to commit the Bidder.
(b) Scanned copy of total monetary value of Civil Construction works performed for
each of the last three years;
(c) Scanned copy of experience certificate in works of a similar nature and size for
each of the last seven years with certificates from the concerned officer of the rank
of Executive Engineer or equivalent; clearly indicating date of start and date of
completion.
(d) Scanned copy of evidence of availability (either owned or leased or rented) of
items of construction equipment named in Clause 4.4 B(b)(i).
(e) Scanned copy of the CV of the technical personnel proposed to be employed for
the Contract having the qualifications defined in Clause 4.4 B(b)(ii).
Page 10 of 174
(f) Scanned copy of reports on the financial standing of the Bidder, and a certificate
from Chartered Accountant as a proof of turnover for the last three years;
(g) Deleted
(h) Deleted
(i) Deleted
(j) Scanned copy of information regarding any litigation or arbitration during the
last five years in which the Bidder is involved, the parties concerned, the disputed
amount, and the present status;
(k) Deleted
(l) Deleted.
4.4(A) To qualify for award of the contract, each bidder in its name should have the following:-
(a) achieved an average annual financial turnover (in all classes of civil engineering
construction works only) equal to the amount indicated in NIT during last three years
ending 31st March of the previous financial year i. e 2018-2019 duly certified by Chartered
Accountant. If the audited result of financial year 2018-2019 is not available with the firm,
the last three years may be considered from the year 2017 – 2018.
(b) satisfactorily completed (not less than 90% of contract value), as a prime contractor (or as
a nominated/approved subcontractor, provided further that all other qualification criteria
are satisfied) similar works during last seven years ending last day of month previous to
the one in which bids are invited, either of the following:
i. three similar completed works costing not less than amount equal to each of
Rs.361.37 lakhs
(OR)
ii. two similar completed works costing not less than amount equal to each of
Rs. 451.71 lakhs.
(OR)
iii. one similar completed work costing not less than amount equals toRs. 722.74
lakhs.
(The similar work constitute experience of road and bridge works on 2/4laned highway.
(Escalation factor as under shall be used to bring the value of such completed works to the
level of current financial year i.e. 2019-2020).
Escalation factor (for the cost of works completed during the last 7 years & financial
figures required for the calculation of bid capacity) may be taken as follows: (For the cost
of work completed, the escalation factor will be corresponding to the financial year in
which work was completed).
Page 11 of 174
2013-2014 1.77
2014-2015 1.61
2015-2016 1.46
2016-2017 1.33
2017-2018 1.21
2018-2019 1.10
(c) Deleted
(d) Deleted
(e) Deleted
4.5 Sub-Contractors' experience and resources shall not be taken into account in determining
the bidder's compliance with the qualifying criteria.
Bidders who meet the minimum qualification criteria will be qualified only if their available bid
capacity is more than the total bid value. The available bid capacity will be calculated as under:
Where
A = Maximum value of civil engineering works executed in any one year during the last five
years (escalation factor as specified in this section shall be used to bring the maximum value of
civil engineering works to the level of current financial year i.e. 2019-20) taking into account the
completed as well as works in progress.
N = Number of years prescribed for completion of the works for which bid is invited. (N= 0.5
year)
Page 12 of 174
B= Value (escalation factor as specified in this section shall be used to bring the value to the
level of current financial year i.e. 2019-20) of existing commitments and on-going works to be
completed during the next 6 months.
4.7 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if
they have:
(i) made misleading or false representations in the forms, statements, affidavits and
attachments submitted in proof of the qualification requirements; and/or
(ii) Record of poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, litigation history, or financial failures etc. or
debarring from TNHD/NHAI/PWD work etc.
(iii) Tampered the bid document in any manner.
5.1 Each Bidder shall submit only one Bid for the work. A Bidder who submits more than one Bid
will cause such bids to be disqualified.
6. Cost of Bidding
6.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the
Employer will, in no case, be responsible or liable for those costs.
7. Site Visit
7.1 The Bidder, at his own cost, responsibility and risk, is encouraged to visit, examine and
familiarise himself with the Site of Works and its surroundings including source of earth, water,
road aggregates etc. and obtain all information that may be necessary for preparing the Bid and
entering into a contract for construction of the Works. The costs of visiting the Site shall be at the
Bidder‟s own expense. He may contact the Project Director of PIU, Kancheepuram in this regard.
B. Bidding Documents
8.1 The set of bidding documents comprises the documents listed below and addenda/corrigendum
(if any) issued in accordance with Clause 10:
Volume- I:-
I. Notice Inviting Tender
II. Instructions to Bidders & Appendix to Bid
III. Qualification Information
IV. Forms Bank Guarantee, Agreement
V. Conditions of Contract, Contract Data& Appendix Bid
VI. Scope of work
VII. Technical Specifications
Page 13 of 174
Volume – II:-
VIII. Bill of Quantities and Financial Bid format.
Bidders will be required to quote a single percentage above/ below the overall estimated
amount. This percentage will be applicable for all the items of work in the combined for working
out the rates for each item of work.
8.2 Deleted
8.3 The bidder is expected to examine carefully all instructions, conditions of contract,
contract data, forms, terms, specifications, bill of quantities, etc. in the Bid Document.
Failure to comply with the requirements of Bid Documents shall be at the bidder‟s own
risk. Pursuant to clause 26 hereof, bids, which are not substantially responsive to the
requirements of the Bid Documents, shall be rejected.
9.1 A prospective Bidder requiring any clarification on the bid documents may notify the Employer
in writing or by e-mail at the Employer‟s address indicated in the Notice Inviting Tender. The
Employer will respond to any request for clarification received earlier than 10 days prior to the
deadline for submission of bids. Copies of the Employer‟s response will be hosted on NHAI web
site or which are required in the opinion of the Employer including a description of the enquiry,
but without identifying its source.
9.2.1 Deleted.
9.2.2 Deleted.
9.2.3 The bidder is requested to submit any questions (if any) in writing or by e-mail so as to reach the
Employer not later than one week before the meeting.
9.2.4 Minutes of the meeting, including the text of the questions raised (without identifying the source
of the enquiry) and the responses given will be transmitted without delay to all purchasers of the
bidding documents. Any modifications of the bid documents listed in Clause 8.1, which may
become necessary as a result of the pre-bid meeting or which are required in the opinion of the
Employer shall be made by the Employer exclusively through the issue of an Addendum
pursuant to Clause 10 and not through the minutes of the pre-bid meeting.
9.2.5 Deleted.
10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by
issuing addenda/corrigendum.
10.2 Any addendum thus issued shall be part of the bidding documents and shall be hosted on NHAI
web site NHAI e-tendering portal.
10.3 To give prospective bidders reasonable time to take an addendum into account in preparing their
bids, the Employer shall extend, as necessary, the deadline for submission of bids, in accordance
with Clause 20.2.
Page 14 of 174
C. Preparation of Bids
11. Language of Bid
12.1 The Bid submitted by the Bidder shall be in two separate parts:
Part I This shall be named Technical Bid and shall comprise of:
I For bidding, documents downloaded from the e-tender portal, e-payment receipt ofRs.50,000/- +
GST @ 12% (Rs.56,000/-) towards the cost of the bidding documents must be placed in a separate
cover, uploaded in e- tender portal and such e-payment receipt for the cost of bid document
must be prepared on or before the last date of sale of bid document as mentioned in NIT.
II Copy of original Bid Security in the form of BG to be uploaded by the Bidder in e-tender portal.
III Qualification information, supporting documents, affidavit and undertakings as specified in
Clause 4; to be uploaded by bidder on e-tender portal.
IV Undertaking that the bid shall remain valid for the period specified in clause 15.1; to be uploaded
by bidder on e-tender portal.
V Any other information/documents required to be completed and submitted by bidders, as
specified in the Appendix to ITB, and to be uploaded by bidder on e-tender portal.
VI An affidavit affirming that information furnished by the bidder in the bidding document is
correct to the best of his knowledge and belief to be uploaded by bidder on e-tender portal.
12.2.1 All the Bidders (including individual or any of its Joint Adventure Members) failing to submit
the original documents required as per para 12.2 above shall be unconditionally debarred
from bidding in NHAI projects for a period of 5 years.
Page 15 of 174
12.2.2 In case L-1, Bidder fails to submit the originals as per para 12.2 above the bidding process shall be
annulled and Tenders shall be re-invited.
12.3 The following documents, which are not submitted with the bid, will be deemed to be part of the
bid.
Section Particulars
13.4 The rates and prices quoted by the Bidder shall be fixed for the duration of the Contract and shall
not be subject to adjustment.
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All
payments shall be made in Indian Rupees.
15.1 Bids shall remain valid for a period of 120days after the deadline date for bid submission
specified in Clause 20. A bid valid for a shorter period shall be rejected by the Employer as
non-responsive.
15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request
that the bidders may extend the period of validity for a specified additional period. The request
and the bidders‟ responses shall be made in writing or by e-mail.A bidder may refuse the request
without forfeiting his bid security. A bidder agreeing to the request will not be required or
permitted to modify his bid, but will be required to extend the validity of his bid security for a
period of the extension, and in compliance with Clause 16 in all respects.
Page 16 of 174
16. Earnest Money / Bid Security/ Forfeiture/ Debarment
16.1 The Bidder shall furnish, as part of the Bid, Earnest Money/Bid Security, in the amount as
specified in the NIT. The Bank Guarantee must be in favour of National Highways Authority
of India, Payable at Chennai. The Bid security will remain in force up to and including the
date 45 days beyond the validity of the bid as stated in the Instructions to Bidders
16.2 The Earnest Money shall be in the form of Bank Guarantee of any scheduled commercial bank
approved by RBI having a net worth of not less than Rs. 500 crore as per the latest annual
report of the bank must be in the name of Employer. In case of foreign bank (issued by a
branch in India) the net worth in respect of the Indian operations shall only be taken into
account. It shall be valid for 45 days beyond the validity of the bid.
A. Bank Guarantee in the name of the Employer, from following banks would be accepted: -
i. State Bank of India or its subsidiaries,
ii. Any Indian Nationalised Bank
iii. IDBI / ICICI Bank
iv. A Foreign Bank (issued by a branch outside India) with a counter guarantee from SBI
or its subsidiaries or any Indian Nationalised Bank.
v. Any Scheduled Commercial Bank approved by RBI having a net worth of not less
than Rs.500crores as per the latest Annual Report of the Bank. In the case of a Foreign
Bank (issued by a branch in India), the net worth in respect of the Indian operations
shall only be taken into account.
B. The acceptance of the guarantees shall also be subject to the following conditions: -
i. The capital adequacy of the Bank shall not be less than the norms prescribed by RBI.
ii. The bank guarantee issued by a Cooperative Bank shall not be accepted.
16.3 Any bid not accompanied by an acceptable Earnest Money, shall be rejected by the Employer as
non-responsive.
16.4 The Earnest Money of unsuccessful bidders will be returned within 28 days of the end of the Bid
validity period specified in Clause 15.1.
16.5 The Earnest Money of the successful Bidder will be discharged when the Bidder has signed the
Agreement and furnished the required Performance Security.
a) if the Bidder withdraws the Bid after its submission during the period of Bid validity;
b) if the Bidder does not accept the correction of the bid price, pursuant to Clause 27; or
c) in the case of a successful Bidder, if the Bidder fails within the specified time limit to
i. sign the Agreement; and/or
ii. Furnish the required Performance Security.
16.7 In case of forfeiture of bid security, the bidder shall also be debarred from participation in NHAI
works for a period as decided by NHAI.
Page 17 of 174
17.1 Bidder shall submit offers that fully comply with the requirement of the bidding documents.
Conditional offer or alternate offer will not be considered further in the process of evaluation and
the bid will be declared non-responsive.
18.1 The Bidder shall submit the documents on e-tender portal as described in Clause 12 of the
instructions to bidders.
18.2 Deleted.
18.3 Deleted.
D. Submission of Bids
19. Submission of Bids
19.1 The Bidders are advised to submit their Technical Bid/Financial bid on e-tender portal well
before the Bid due Date & time. The Authority shall not be responsible for any delay in
submission of Bids for any reason including server and technical problems. NHAI reserves the
right to accept or reject any or all Bids without assigning any reason thereof.
19.2 In case of any problem with the submission of the Bid, the Bidder may have the assistance of help
desk or use the help manual given on the said website.
19.3 Deleted
19.4 Deleted
19.5 Deleted
20.1 Complete e-Bid to be uploaded on NHAI e-tender portal before due date & time indicated in the
NIT.
20.2 NHAI assumes no responsibility for inability of a bidder to submit bids through NHAI‟s e-
tendering portal on account of delay in submission at bidder‟s end. Bidder shall ensure that they
submit the bid well before the “Due Date & Time of Bid-Submission”. NHAI shall not be responsible
if bidder is not able to submit the bid on account of failure in network/internet connection or any
other technical reason
20.3 The Employer may, at his discretion, extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10, in which case all rights and obligations of the Employer
and the bidders previously subject to the original deadline will thereafter be subject to the deadline
as extended.
21.1 Deleted.
Page 18 of 174
22. Modification and Withdrawal of Bids
22.1 Bidders may modify or withdraw their bids before the deadline prescribed in Clause 20.
22.2 Deleted.
22.3 No bid may be modified after the deadline for submission of Bids.
22.4 Withdrawal or modification of a Bid between the deadline for submission of bids and the
expiration of the original period of bid validity specified in Clause 15.1 above or as extended
pursuant to Clause 15.2 shall result in the forfeiture of the Bid security pursuant to Clause 16.
22.5 Bidders may modify the prices of their Bids before deadline of submission of bid
Bid opening shall be carried out in two stages. Technical & Financial evaluation of Bid and
declaration of result shall be done based on the documents received on online after confirmation
of Bid security BG from the issuing bank and payment for Cost of Tender in Authorities Account.
Firstly, „Technical Bid‟ of all the bids received (except those received late) shall be opened online
e-portal in the presence of the bidders/bidders‟ representatives who choose to attend at the time
date and place specified in the NIT. The „Financial Bid‟ of those bidders whose technical bid has
been determined substantially responsive shall be opened on a subsequent date, which will be
notified to such bidders.
23.1 In the event of the specified date for the submission of bids being declared a holiday
for the Employer, the Bids will be opened at the appointed time and location on the
next working day.
23.1.1 DELETED
23.1.2 DELETED
23.2 In all cases, the amount of Earnest Money, forms and validity shall be announced.
Thereafter, the Employer at the opening as the Employer may consider appropriate,
will announce the bidders' names and such other details.
23.3 The Employer will prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Clause 23.1.
23.4 (i) The bids accompanied with valid bid security, bid document fee, Tender
processing fee will be taken up for evaluation with respect to the Qualification
Information and other information furnished in Part I of the bid pursuant to
Clause 12.1.
(ii) Deleted
(iii) Deleted
Page 19 of 174
(iv) As soon as possible, the Evaluation Committee will finalize the list of
responsive bidders whose financial bids are eligible for consideration.
However, to assist in the examination, evaluation of technical bids, the
Employer may at his discretion, ask any bidder for clarification of his bid,
however, no additional documents in support of clarification will be
entertained.
(v) Bidder shall have to submit Originals of all documents as mentioned in Clause
12.2 after declaration of bid evaluation result by Authority.
(vi) Bidder failing to submit the Original Documents as mentioned in Clause 12.2
shall be unconditionally debarred from bidding in NHAI projects for a period
of 5 years.
23.5 The Employer shall inform the bidders, whose technical bids are found responsive, of the
date, time and place of opening of the financial bids. The bidders so informed, or their
representative, may attend the meeting of opening of financial bids.
23.6 At the time of the opening of the „Financial Bid‟, the names of the bidders whose bids
were found responsive in accordance with clause 23.5 will be announced. The financial
bids of only these bidders will be opened. The responsive bidders‟ names, the Bid prices,
the total amount of each bid, pursuant to clause 22 and such other details as the
Employer may consider appropriate will be announced by the Employer at the time of
bid opening. Any Bid price, which is not read out and recorded, will not be taken into
account in Bid Evaluation.
23.7 The Employer shall prepare the minutes of the opening of the Financial Bids.
24.1 Information relating to the examination, clarification, evaluation, and comparison of bids and
recommendations for the award of a contract shall not be disclosed to bidders or any other
person not officially concerned with such process until the award to the successful Bidder has
been announced. Any attempt by a Bidder to influence the Employer‟s processing of bids or
award decisions may result in the rejection of his Bid.
25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his
discretion, ask any Bidder for clarification of his-Bid, including breakdowns of unit rates. The
request for clarification and the response shall be in writing or by cable, but no change in the
price or substance of the Bid shall be sought, offered, or permitted except as required to confirm
the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids in
accordance with Clause 27.
25.2 Subject to clause 25.1, no Bidder shall contact the Employer on any matter relating to his bid from
the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring
additional information to the notice of the Employer, it should do so in writing.
Page 20 of 174
25.3 Any effort by the Bidder to influence the Employer in the Employer‟s bid evaluation, bid
comparison or contract award decisions may result in the rejection of the Bidders‟ bid.
26.1 During the detailed evaluation of “Technical Bids”, the Employer will determine whether each
Bid (a) meets the eligibility criteria defined in Clauses 3 and 4; (b) has been properly signed; (c) is
accompanied by the required securities; and (d) is substantially responsive to the requirements of
the bidding documents. During the detailed evaluation of the “Financial Bids”, the
responsiveness of the bids will be further determined with respect to the remaining bid
conditions, i.e., priced bill of quantities, technical specifications and drawings.
26.2 A substantially responsive “Financial Bid” is one, which conforms to all the terms, conditions,
and specifications of the bidding documents, without material deviation or reservation. A
material deviation or reservation is one (a) which affects in any substantial way the scope,
quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with
the bidding documents, the Employer‟s rights or the Bidder‟s obligations under the Contract; or
(c) whose rectification would affect unfairly the competitive position of other bidders presenting
substantially responsive bids.
26.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the Employer, and may
not subsequently be made responsive by correction or withdrawal of the nonconforming
deviation or reservation.
27.1 Financial Bids determined to be substantially responsive will be checked by the Employer for any
arithmetic errors. Errors will be corrected by the Employer as follows:
a) Where there is a discrepancy between the rates in figures and in words, the rate in words will
govern;
27.2 The amount stated in the Financial Bid will be corrected by the Employer in accordance with the
above procedure for the correction of errors and shall be considered as binding upon the Bidder.
If the Bidder does not accept the corrected amount, the Bid will be rejected, and the Bid Security
shall be forfeited in accordance with Clause 16.6
28.1 The Employer will evaluate and compare only the bids determined to be substantially responsive
in accordance with Clause 26.
28.2 In evaluating the bids, the Employer will determine for each Bid the evaluated Bid price by
adjusting the Bid price after making any correction for errors pursuant to Clause 27;
28.3 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer‟s/Employer‟s
estimate of the cost of work of whole work or cost of one or more items to be performed under the
contract, the Employer may require the Bidder to produce detailed price analysis for any or all items
of the Bill of Quantities, to demonstrate the internal consistency of those prices with the
construction methods and schedule proposed. After evaluation of the price analyses, the Employer
may require that the amount of the performance security set forth in Clause 33 be increased and an
additional performance security may be obtained at the expense of the successful Bidder to a level
Page 21 of 174
sufficient to protect the Employer against financial loss in the event of default of the successful
Bidder under the Contract. The amount of the additional increased performance security as decided
by the Employer shall be final, binding and conclusive on the bidder.
28.4 A bid, which contains several items in the Bill of Quantities which are unrealistically priced low
and which cannot be substantiated satisfactorily by the bidder, may be rejected as non-
responsive.
F. Award of Contract
30.1 Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has been
determined:
i. To be substantially responsive to the bidding documents and who has offered the lowest
evaluated Bid price.
ii. Deleted
31. Employer’s right to accept any bid and to reject any or all bids
31.1 Notwithstanding Clause 30, the Employer reserves the right to accept or reject any Bid, and to
cancel the bidding process and reject all bids, at any time prior to the award of Contract, without
thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the
affected Bidder or bidders of the grounds for the Employer‟s action.
32.1 The bidder whose Bid has been accepted will be notified of the award by the Employer prior to
expiration of the Bid validity period by cable/telex/facsimile/courier/registered letter. This
letter (hereinafter and in the Part I General Conditions of Contract called the “Letter of Acceptance”)
will state the sum that the Employer will pay to the Contractor in consideration of the execution,
completion and maintenance of the Works, and of routine maintenance of roads by the
Contractor as prescribed by the Contract (hereinafter and in the Contract called the “Contract
Price”).
32.2. The notification of award will constitute the formation of the Contract, subject only to the
furnishing of a performance security in accordance with the provisions of Clause 33.
32.3. The Agreement will incorporate all agreements between the Employer and the successful Bidder.
It will be signed by the Employer and the successful Bidder after the performance security is
furnished.
32.4 Upon furnishing by the successful Bidder of the Performance Security, the Employer will
promptly notify the other Bidders that their Bids have been unsuccessful.
33.1 Within 10 (ten) days after receipt of the Letter of Acceptance, the successful Bidder shall deliver
to the Employer a Performance Security of Ten percent of the Contract Price, valid for the period
Page 22 of 174
of 28 days after the expiry of defect liability period of whole work in accordance with Clause 28.3
of ITB and sign the contract. The validity shall account for additional 3 months time to account
for BG verification, signing of contract and start date.
(i) If the bid price offered by the Contractor 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 (a) Estimated Project Cost (as mentioned in RFP)-10% of
the Estimated Project Cost and (b) the Bid Price offered by the selected Bidder.
(ii) If the bid price offered by the Contractor is lower than 20% of the Estimated Project
Cost, then the Additional Performance Security shall be calculated @30% of the
difference in the (a) Estimated Project Cost (as mentioned in RFP)-10% of the Estimated
Project Cost and (b) the Bid Price offered by the selected Bidder.
(iii) The Additional Performance Security shall be valid until 28 (twenty eight) days after
the issue of Completion Certificate under this Agreement.
(iv) The Additional Performance Security shall not be treated as part of Performance
Security and shall be released after issuing taking-over certificate as per Contract
agreement.
33.2 The performance security shall be either in the form of a Bank Guarantee/FDR, in the name of
the Employer, from a Bank as specified in case of earnest money / bid security.
33.3 Failure of the successful bidder to comply with the requirement of Clause 33.1 shall constitute
sufficient ground for cancellation of the award and forfeiture of the bid security and debarment
for a period as specified in clause 16.7.
34. Advances
34.1 Deleted.
The Employer will reject a proposal for award if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in question
and will declare the firm ineligible, either indefinitely or for a stated period of time, to bid for any
work with National Highways Authority of India, if it at any time determines that the firm has
engaged in corrupt or fraudulent practices in competing for the contract, or in its execution.
For the purpose of this clause, the following terms shall have the meaning hereinafter
respectively assigned to them
(a) “Corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with the
Bidding Process (For avoidance of doubt, offering of employment to, or employing, or
engaging in any manner whatsoever, directly or indirectly, any official of the Authority who
is or has been associated in any manner, directly or indirectly, with Bidding Process, at any
time prior to the expiry of one year from the date such official resigns or retires from or
Page 23 of 174
otherwise ceases to be in the service of the Authority, shall be deemed to constitute
influencing the actions of a person connected with the Bidding Process);
(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;
The Employer requires the bidders/Contractors to strictly observe the laws against fraud and
corruption enforced in India, namely, Prevention of Corruption Act, 1988.
Page 24 of 174
Appendix to ITB
1 Excavator 1 5
10 Motor Grader 1 5
11 Tipper 25 5
13 Water Tanker 2 5
Note: The bidder must produce the documentary evidence in support of his owning/leased/
rented of the above equipment. In case the bidder proposes to hire or take the above
equipment on lease, he should, along with the lease/rent agreement, attach the proof of
ownership of these equipment with the company/ entity from whom the equipment
are proposed to be hired on lease/ rent.
Page 25 of 174
4.4B (b) (ii) The Number of Technical Personnel, Qualifications and Experience will be as
follows:
Note: The detailed and signed CV‟s of all the Key Technical Personnel, recently signed (not older
than 3 months from the due date of submission of bid) by the key personnel himself, must be
furnished along with the bid as per proforma given below. Non-compliance of the above or
non-furnishing of the CV as above or conditional deployment of any of the above personnel
or proposal to employ lesser number of personnel than above may make the bid non
responsive and financial bid may not be opened.
2. Name of Staff:
7. Publication:
(List of details of major technical reports/papers published in recognized national and
international journals)
8. Employment Record:
Page 26 of 174
(Starting with present position, list in reversed order, every employment held. List all
positions held by staff member since graduation, giving dates, names of employing
organization, title of positions held and location of assignments. For experience period
of specific assignment must be clearly mentioned, also give client references, where
appropriate).
9. Summary of the CV
(Furnish a summary of the above CV. The information in the summary shall be
precise and accurate. The information in the summary will have bearing on the
evaluation of the CV).
A) Education:
i) Field of Diploma/Graduation and year
ii) Field of post-graduation and year
iii) Any other specific qualification
B) Experience
i) Total experience in highways: Yrs
ii) Responsibilities held:
i) Yrs.
ii) Yrs.
iii) Yrs.
iii) Relevant Experience: Yrs.
C) Permanent Employment with the Firm (Yes/No):If yes,
how many years:
If no, what is the employment? Arrangement
with the firm?
Certification:
1 I am willing to work on the project and I will be available for entire duration of the project
assignment and I will not engage myself in any other assignment during the currency of
this assignment on the project
2 I, the undersigned, certify that to the best of my knowledge and belief, this bio-data
correctly describes myself my qualification and my experience.
Date
Note: Each page of the CV shall be
signed in ink by both the staff
member and the Authorized
Representative of the firm.
Page 27 of 174
SECTION-III
QUALIFICATION INFORMATION
The information to be filled in by the Bidder in the following pages will be used for purposes of post
qualification as provided for in Clause 4 of the Instructions to Bidders. This information will not be
incorporated in the Contract.
Page 28 of 174
Qualification Information
Power of attorney of signatory of Bid [Upload scanned copy & also supply its Original
2016 -2017
2017 -2018
2018 –2019
Total -------------
Page 29 of 174
1.4 (a) Work performed as prime contractor, work performed in the past as a nominated sub- contractor will
also be considered, provided further that all other qualification criteria are satisfied (in the same name)
of a similar nature during the last seven years to qualify as per ITB Clause 4.
Project Name of Description Contract Value of Date of Stipulated Actual date Remarks
Name the of work No. Contract issue of period of of explaining
Employer* (Rs. Crore) work completion completion* reasons for
order delay &
work
Completed
* Attach certificate(s) from the Employer (to be given by an officer at the rank of Executive Engineer or
equivalent)
Note: In case of nominated sub-contractor – a certificate from the Executive Engineer or equivalent of the
Prime Employer should be obtained from whom an approval for subcontractor has been obtained.
1.4 (b) Information on Bid Capacity (works for which bids have been submitted and accepted
and works which are yet to be completed) as on the date 7 days before the last date for bid
submission (as per Cl. 4.6 of the ITB).
1 2 3 4 5 6 7 8 9 10
* Upload certificate (s) from the Engineer(s)-in-Charge of the rank of Executive Engineer or
equivalent.
Page 30 of 174
(ii) Details of works for which bid submitted and accepted (i.e. where contract
signing ispending)
1 2 3 4 5 6 7
(iii) Bid Capacity (Bidder shall calculate, mention his bid capacity and enclose
the supporting calculation)
N= 0.5 years
1.5 Availability of Key Equipment essential for carrying out the Works [Ref. Clause 4]. The Bidder
should list all the information requested below.
Note: The bidder must upload the documentary evidence in support of his owning/leased/
rented of the above equipment. In case the bidder proposes to hire or take the
above equipment on lease, he should, along with the lease/rent agreement, attach
the proof of ownership of these equipment with the company/ entity from whom
the equipment are proposed to be hired on lease/ rent.
Page 31 of 174
1.6 Qualification and Experience of Key Personnel required for administration and execution
of the Contract [Ref. Clause 4.4 (B) (b) (ii)]. Upload biographical data for technical
personnel (Refer also to Cl. 4.2 (e) of Instruction to Bidders).
(Refer also to Sub Clause 9.1 of the Conditions of Contract).
Note: The detailed and signed CV‟s of all the Key Technical Personnel, signed by
the key personnel himself, must be uploaded along with the bid as per
Performa given in Appendix to ITB. Non-compliance of the above or non-
furnishing of the CV as above or conditional deployment of any of the
above personnel or proposal to employ lesser number of personnel than
above may make the bid non responsive and financial bid may not be
opened.
Page 32 of 174
AFFIDAVIT
1. I, the undersigned, do hereby certify that all the statements and documents made in
the enclosed attachments are true and correct.
3. The undersigned hereby authorize(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by
NHAI to verify this statement or regarding my (our) competence and general
reputation.
4. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the NHAI
and within the prescribed time.
Name of Firm
DATE
To be notarized by Notary
Page 33 of 174
UNDERTAKING
Name of Firm
DATE
Note: It should not be later than one month before bid due date.
Page 34 of 174
National Highways Authority of India Request for proposal
UNDERTAKING
Name of Firm
DATE
Note: It should not be later than one month before bid due date.
Page 35 of 174
National Highways Authority of India Request for proposal
Undertaking
Name of Firm
(Seal of the company)
Date
Note : It should not be later than one month before bid due date.
Page 36 of 174
National Highways Authority of India Request for proposal
SECTION-IV
FORM OF BANK GUARANTEE
AGREEMENT AND
LETTER OF ACCEPTANCE
Page 37 of 174
National Highways Authority of India Request for proposal
(i) If the tenderer withdraws his tender during the period of Tender validity specified in
the Form of Tender
Or
(ii) If the Tenderer having been notified of the acceptance of his Tender by the Employer
during the period of tender validity
(a) fails or refuses to execute the Form of Agreement in accordance with the instructions to
bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the Instruction to
Bidders
We undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the employer having to substantiate his demand, provided that in his
demand the Employer will note that the amount claimed by him is due to him owing to the
occurrence of any one of the above conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including the date 45 days beyond the validity of
the bid as stated in the Instructions to Bidders or as it may be extended by the Employer, at any
time prior to the closing date for submission of the Tenders Notice of which extension to the
Bank is hereby waived. Any demand in respect of this guarantee should be made on the Bank
on or before the date of expiry of this guarantee.
This guarantee shall also be operatable at our …………..….. branch at Chennai, from whom,
Page 38 of 174
National Highways Authority of India Request for proposal
Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to Rs.___________ (Rs.________________________in words) and the guarantee shall
remain valid till . Unless a claim or a demand in writing is served
upon us on or before ______________all our liability under this guarantee shall cease.
NAMEANDDESIGNATION____________________EMPLOYEE CODENUMBER
Page 39 of 174
National Highways Authority of India Request for proposal
To
Regional Officer,
National Highways Authority of India,
SRI Tower, 3rd Floor DP - 34 (SP),
Industrial Estate,
Guindy - Chennai-600 032
Phone No: 044 – 22251885
Fax No: 044 – 22251895
E mail: [email protected]
AND WHEREAS it has been stipulated by you in the said contract that the Contractor shall
furnish you with a Bank Guarantee for the sum specified therein as security for compliance
with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREOF we hereby affirm that we are the guarantor and responsible to you on behalf
of the Contractor, up to a total of Rs……………… (amount of guarantee)
(Rupees……………………………………. (in words), and we undertake to pay you, upon your
first written demand and without cavil or argument, any sum or sums within the limits of
(amount of guarantee) as aforesaid without your needing to prove or to show grounds or
reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
contract or of the works to be performed there under or of any of the contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid until 28 days from the date of expiry of the Defects Liability
Period.
Page 40 of 174
National Highways Authority of India Request for proposal
This guarantee shall also be operatable at our …………..….. branch at Chennai, from whom,
confirmation regarding the issue of this guarantee or extension/renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment there
under claimed, the said branch shall accept such invocation letter and make payment of
amounts so demanded under the said invocation.
“The guarantor / bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) Platform & shall invariably send and advice of this Bank Guarantee to the designated
bank of NHAI after obtaining details thereof from NHAI”
Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to Rs.________ (Rs.___________________ in words) and the guarantee shall remain
valid till ____________. Unless a claim or a demand in writing is served upon us on or before
____________all our liability under this guarantee shall cease.
Signature and seal of the Guarantor with Name, Designation, Employee Code Number &
Telephone Number……………………………………………………
Date………………………….
1………………………………………………………………………………………
2…………………………………………………………………………………………
Page 41 of 174
National Highways Authority of India Request for proposal
An amount shall be inserted by the Guarantor, representing the percentage of the Contract
Price specified in the Contract including additional security for unbalance bids, if any and
denominated in Indian Rupees
Page 42 of 174
National Highways Authority of India Request for proposal
DESCRIPTION OF WORKS:
Dear Sir,
It is certified that the information furnished in this document is true and correct. The
proposal is unconditional and unqualified. We undersigned accept that NHAI reserves the
right to reject any or all application without assigning any reason.
Thanking you,
Yours faithfully,
(Authorized Signatory)for
and on behalf of M/s
Page 43 of 174
National Highways Authority of India Request for proposal
No.…………………………. Dated………..
To
M/s………………………….
Sir,
Based on your bid submitted on ………….. in compliance of bidding document of NHAI for
execution of the work of………….…………………., it is hereby notified that your bid for a
contract price of Rs…………… (Rupees in words………) has been accepted for and on behalf
of NHAI
You are hereby requested to furnish Performance Security in the form detailed in para.33.2 of
ITB for an amount equivalent to Rs………….. (Rupees in words…………………) within 10
days as per provisions of clause 33.1 of ITB of the bid document and sign the contract
agreement failing which the actions as stipulated in clause-33.3 of ITB shall be taken.
Thanking you,
Yours faithfully,
(………………..)
Regional Officer
Page 44 of 174
National Highways Authority of India Request for proposal
FORM OF AGREEMENT
And where as the Employer invited bids from eligible bidders for the execution of certain works, viz.
………………………………………………
And where as pursuant to the bid submitted by the Contractor, vide ____________ (here in after referred to
as the “BID” or “ÖFFER”) for the execution of works, the Employer by his letter of acceptance dated
___________ accepted the offer submitted by the Contractor for the execution and completion of such
works and remedying of any defects thereon, on terms and conditions in accordance with the documents
listed in Para 2 below.
And where as the Contractor by a deed of undertaking dated ________ has agreed to abide by all the terms
of the bid, including but not limited to the amount quoted for the execution of Contract, as stated in the
bid, and also to comply with such terms and conditions as may be required from time to time.
And where as the contractor has agreed to undertake such works and has furnished a performance
security pursuant to clause 33 of the instructions to bidders (Section-I).
(a) Agreement,
(b) Letter of Acceptance
(c) Appendix to bid / Contract Data,
(d) Conditions of Contract
(e) Technical Specifications,
(f) Drawings, if any
(g) Implementation Manual and Maintenance Intervention Level
(h) Scope of Work
(i) Bill of Quantities, and
(j) Any other document listed in the Contract Data.
(k) Contractor's Bid,
3. The foregoing documents shall be construed as complementary and mutually explanatory one with
another. Should any ambiguity or discrepancy be noted then the order of precedence of these
documents shall be subject to the order as listed above and interpreted in the above order of priority.
Page 45 of 174
National Highways Authority of India Request for proposal
5. The employer hereby covenants to pay the contractor in consideration of the execution and
completion of the works and remedying of defects therein, the contract price or such other sum as
may become payable under the provisions of the contract at the times and in the manner prescribed
by the contract.
IN WITNESS WHEREOF the parties here to have caused this agreement to be executed the day and year
above written. Signed, sealed and delivered by the said Employer through his Authorized Representative
and the said Contractor through his Power of Attorney holder.
For and on behalf of National Highways Authority of India, New Delhi – 110 075
In the presence of
1. Name:
Address:
2. Name:
Address:
Page 46 of 174
National Highways Authority of India Request for proposal
SECTION-V
GENERAL CONDITIONS OF
CONTRACT& APPENDIX TO BID
Page 47 of 174
National Highways Authority of India Request for proposal
Table of Clauses
Page 48 of 174
National Highways Authority of India Request for proposal
Section V
Conditions of Contract
A. General
1. Definitions
1.1 Terms which are defined in the Contract Data are not defined in the Conditions of Contract but
keep their defined meanings. Capital initials are used to identify defined terms.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
The Completion Date is the date of completion of the Works as certified by the Engineer, in accordance with
Clause 49.1.
The Contract is the Contract between the Employer and the Contractor to execute, complete, and maintain the
Works. It consists of the documents listed in Clause 2.3.
The Contract Data defines the documents and other information, which comprise the Contract.
The Contractor is a person or corporate body whose Bid to carry out the Works has been accepted by the
Employer.
The Contractor's Bid is the completed bidding document submitted by the Contractor to the Employer and
includes technical and financial bids.
The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with
the provisions of the Contract.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects Liability Certificate is the certificate issued by Engineer, after the Defect Liability Period has
ended and upon correction of Defects by the Contractor.
The Defects Liability Period is the period named in Contract data and calculated from the Completion Date.
Drawings include calculations and other information provided or approved by the Engineer for the execution
of the Contract.
The Employer is the party as defined in the Contract Data, who employs the Contractor to carry out the
Works. The Employer may delegate any or all of its functions to a person or body nominated by him for
specified functions.
The Engineer is the person named in the Contract Data (or any other competent person appointed by the
Employer and notified to the Contractor, to act in replacement of the Engineer) who is responsible for
supervising the execution of the Works and administering the Contract.
Page 49 of 174
National Highways Authority of India Request for proposal
Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the Works.
The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall complete the
Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may
be revised only by the Engineer by issuing an extension of time after the approval from Employer.
Materials are all supplies, including consumables, used by the Contractor for incorporation in the Works.
Plant is any integral part of the Works that shall have a mechanical, electrical, electronic, chemical, or
biological function.
Site Investigation Reports are those that were included in the bidding documents and are factual
interpretative reports about the surface and subsurface conditions at the Site.
Specification means the Specification of the Works included in the Contract and any modification or addition
made or approved by the Engineer.
The Start Date is given in the Contract Data. It is the date when the Contractor shall commence execution of
the Works. It does not necessarily coincide with any of the Site Possession Dates.
A Sub-Contractor is a person or corporate body who has a Contract with the Contractor to carry out a part of
the work in the Contract, which includes work on the Site.
Temporary Works are works designed, constructed, installed, and removed by the Contractor that are needed
for construction or installation of the Works.
A Variation is an instruction given by the Engineer after the approval from NHAI, which varies the Works.
The Works are what the Contract requires the Contractor to construct, install, maintain, and handover to the
Employer, as defined in the Contract Data.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female
or neuter, and the other way around. Headings have no significance. Words have their normal meaning under
the language of the Contract unless specifically defined. The Engineer will provide instructions clarifying
queries about these Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, references in the Conditions of Contract
to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works
(other than references to the Completion Date and Intended Completion Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the following order of priority.
(a) Agreement,
(b) Letter of Acceptance
(c) Contractor's Bid,
(d) Contract Data,
Page 50 of 174
National Highways Authority of India Request for proposal
3.1 The language of the Contract and the law governing the Contract are stated in the Contract
Data.
4. Engineer's Decisions
4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters between the
Employer and the Contractor in the role representing the Employer.
5. Delegation
5.1 The Engineer, duly informing the Employer, may delegate any of his duties and responsibilities
to other people except to the Adjudicator, after notifying the Contractor, and may cancel any delegation after
notifying the Contractor.
6. Communications
6.1 Communications between parties that are referred to in the Conditions shall be effective only
when in writing. A notice shall be effective only when it is delivered.
7. Subcontracting (Deleted)
7.1The Contractor may subcontract any portion of work, up to a limit specified in Contract Data, with the prior
approval of the Employer in writing. Subcontracting shall not alter the Contractor's obligations.
7.2 The Contractor shall not be required to obtain any consent from the Employer for:
a. the sub-contracting of any part of the Works for which the Sub-Contractor is named in the Contract;
b. the provision of labour or labour component.
c. the purchase of Materials which are in accordance with the standards specified in the Contract.
7.3 Beyond what has been stated in clauses 7.1 and 7.2, if the Contractor proposes sub-contracting of any
part of the work during execution of the Works, because of some unforeseen circumstances to enable him to
complete the Works as per terms of the Contract, the Employer will consider the following before according
approval:
a) The Contractor shall not sub-contract the Works more than the limit specified in Contract Data..
b) The Contractor shall not sub-contract any part of the Work without prior consent of the Employer.
Any such consent shall not relieve the Contractor from any liability or obligation under the Contract
and he shall be responsible for the acts, defaults and neglects of any of his sub-Contractor, his agents or
workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents and
workmen.
Page 51 of 174
National Highways Authority of India Request for proposal
7.4 The Engineer should satisfy himself before recommending to the Employer whether
a) the circumstances warrant such sub-contracting; and
b) the sub-Contractor so proposed for the Work possess the experience, qualifications and equipment
necessary for the job proposed to be entrusted to him in proportion to the quantum of Works to be sub-
contracted.
8.1 The Contractor shall cooperate and share the Site with other Contractors, public authorities, utilities, and
the Employer between the dates given in the Schedule of Other Contractors, as referred to in the Contract
Data. The Contractor shall also provide facilities and services for them as described in the Schedule. The
Employer may modify the Schedule of Other Contractors, and shall notify the Contractor of any such
modification.
8.2 The Contractor should take up the works in convenient reaches as decided by the Engineer to ensure there
is least hindrance to the smooth flow of traffic including movement of vehicles and equipment of other
Contractors till the completion of the Works.
9. Personnel
9.1 The Contractor shall employ the technical personnel named in the Contract Data or other technical persons
approved by the Engineer. The Engineer will approve any proposed replacement of technical personnel only if
their relevant qualifications and experience are substantially equal to or better than those of the personnel
stated in the Contract Data. If the personnel stated in the contract data are not deployed on site by the
contractor, it will be treated as a breach of contract and action will be taken as per clause 53.
9.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractor's staff or work
force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has
no further connection with the Works in the Contract.
10.1 The Employer carries the risks which this Contract states are Employer's risks, and the Contractor carries
the risks which this Contract states are Contractor's risks.
11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly affect the
execution of the Works in the Employer‟s country, the risks of war, hostilities, invasion, act of foreign enemies,
rebellion, revolution, insurrection or military or usurped power, civil war, riot commotion or disorder (unless
restricted to the Contractor‟s employees), natural calamities and contamination from any nuclear fuel or
nuclear waste or radioactive toxic explosive, or (b) a cause due solely to the design of the Works, other than
the Contractor‟s design.
12.1 All risks of loss of or damage to physical property and of personal injury and death, which arise during
and in consequence of the performance of the Contract other than the excepted risks, referred to in clause 11.1,
are the responsibility of the Contractor.
Page 52 of 174
National Highways Authority of India Request for proposal
13. Insurance
13.1 The Contractor at his cost shall provide, in the joint names of the Employer and the Contractor, insurance
cover from the Start Date to the end of defect liability period for events (a) to (d), in the amounts and
deductibles stated in the Contract Data for the following events which are due to the Contractor's risks:
13.2 Insurance policies and certificates for insurance shall be delivered by the Contractor to the Engineer for
the Engineer's approval before the Start Date. All such insurance shall provide for compensation to be payable
in Indian Rupees to rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may effect
the insurance which the Contractor should have provided and recover the premiums the Employer has paid
from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall
be debt due.
13.4 Alterations to the terms of insurance shall not be made without the approval of the Engineer.
13.4 Both parties shall comply with any conditions of the insurance policies.
14.1 The Contractor, in preparing the Bid, may rely on any Site Investigation Reports referred to in the
Contract Data, supplemented by any other information available to him, before submitting the bid.
15.1 The Regional Officer, RO-Chennai will clarify queries on the Contract Data.
16.1 The Contractor shall construct, install and maintain the Works in accordance with the documents forming
part of the contract.
17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in
accordance with the Programme submitted by the Contractor, as updated with the approval of the Engineer,
and complete them by the Intended Completion Date.
18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the
Engineer, who is to approve them if they comply with specifications and drawings.
Page 53 of 174
National Highways Authority of India Request for proposal
18.3 The Engineer's approval shall not alter the Contractor's responsibility for design of the Temporary
Works.
18.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works, where
required.
18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are
subject to prior approval by the Engineer before their use.
19. Safety
19.1 The Contractor shall be responsible for the safety of all activities on the Site.
20. Discoveries
20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site shall be
the property of the Employer. The Contractor shall notify the Engineer of such discoveries and carry out the
Engineer's instructions for dealing with them.
21.1 The Employer shall give complete possession of the Site to the Contractor on the date of signing of
agreement.
22.1 The Contractor shall allow access to the Site and to any place where work in connection with the Contract
is being carried out, or is intended to be carried out to the engineer and any person/persons/agency
authorized by:
a. The Engineer
b. The Employer
23. Instructions
23.1 The Contractor shall carry out all instructions of the Engineer, which comply with the applicable laws
where the Site is located.
23.2 The Contractor shall permit the Employer to inspect the Contractor's accounts and records relating to the
performance of the Contractor and to have them audited by Auditors appointed by the Employer if so
required by the Employer.
24. Deleted
Page 54 of 174
National Highways Authority of India Request for proposal
25. ARBITRATION
25.1 In case of Dispute or difference arising between the Employer and a domestic contractor relating to any
matter arising out of or connected with this agreement, such disputes or difference shall be settled as set
forth below:
(i) The Dispute shall be finally referred to Society for Affordable Resolution of Disputes (hereinafter
called as SAROD), a Society registered under Society‟s Act, 1860 vide Registration no:
S/RS/SW1049/2013 duly represented by Authority and National Highways Builders Federation
(NHBF). The dispute shall be dealt with in terms of Rules of SAROD. The detailed procedure for
conducting Arbitration shall be governed by the Rules of SAROD and provisions of Arbitration &
Conciliation Act 1996 as amended from time to time.
The Dispute shall be governed by substantive Law of India.
(ii) The appointment of Tribunal, code of conduct for Arbitrators and fees and expenses of SAROD and
Arbitral Tribunal shall also be governed by the rules of SAROD as amended from time to time. The
rules of SAROD are as per Annex-I.
(iii) Arbitration may be commenced during or after the Contract period provided that the obligations of
Authority and the contractor shall not be altered by reason of the Arbitration being conducted
during the contract period.
(iv) The seat of Arbitration shall be New Delhi or a place selected by governing body of SAROD and
the language for all documents and communications between the parties shall be English.
(v) The Expenses incurred by each party in connection with the preparation, presentation, etc., of
arbitral proceedings shall be shared by each party itself.
25.2 The Arbitrators shall make a reasoned award (Award), Any award made in any arbitration held pursuant
to this clause shall be final and bindings on the parties as from the date it is made, and the contractors
and the Authority agree and undertake to carry out such Award without delay.
25.3 The Contractor and the Authority agree that an Award may be enforced against the Contractor and/or the
Authority, as the case may be and their respective assets wherever situated.
25.4 This Agreement and the rights and obligations of the parties shall remain in full force and effect, pending
the Award in any arbitration proceedings hereunder.
26.0 Deleted.
Page 55 of 174
National Highways Authority of India Request for proposal
B. Time Control
27. Programme
27.1 The Engineer shall issue the indent of work in stages specifying the time limit for the same as
and when required.The Contractor shall submit to the Engineer for approval a programme within the time
stipulated in the Contract Data showing the general methods, arrangements, order, and timing for all the
activities in the Works, along with monthly cash flow forecasts.
27.2 An update of the Programme shall be a programme showing the actual progress achieved on
each activity and the effect of the progress achieved on the timing of the remaining Works, including any
changes to the sequence of the activities.
27.3 The Contractor shall submit to the Engineer for approval an updated Programme at intervals. If
the Contractor does not submit an updated Programme within this period, the Engineer may withhold the
amount stated in the Contract Data from the next payment certificate and continue to withhold this amount
until the next payment after the date on which the overdue Programme has been submitted.
27.4 The Engineer's approval of the Programme shall not alter the Contractor's obligations. The
Contractor may revise the Programme and submit it to the Engineer again at any time. A revised Programme
shall show the effect of Variations and Compensation Events.
28.1 The Engineer shall extend the Intended Completion Date only after the approval of NHAI if a
Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved
by the Intended Completion Date without the Contractor taking steps to accelerate the remaining Works,
which would cause the Contractor to incur additional cost.
28.2 The Engineer shall decide whether and by how much time to extend the Intended Completion
Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of a Compensation
Event or Variation and submitting full supporting information. If the Contractor has failed to cooperate in
dealing with a delay, the delay by this failure shall not be considered in assessing the new Indented
Completion Date.
29.1 The Engineer may instruct the Contractor to delay the start or progress of any activity within the
Works. Delay/delays totalling more than 30 days will require prior written approval of the Employer.
30.1 Either the Engineer or the Contractor may require the other to attend the management
meeting. The business of a management meeting shall be to review the plans for the remaining Works and to
deal with matters raised in accordance with the early warning procedures.
30.2 The Engineer shall record the business of management meetings and provide copies of the
record to those attending the meeting. The responsibility of the parties for actions to be taken shall be decided
by the Engineer either at the management meeting or after the management meeting and stated in writing to
all those who attended the meeting.
Page 56 of 174
National Highways Authority of India Request for proposal
C. Quality Control
31. Identifying Defects
31.1 The Engineer shall check the Contractor's work and notify the Contractor of any Defects that are
found. Such checking shall not affect the Contractor's responsibilities. The Engineer may instruct the
Contractor to search for a Defect and to uncover and test any work that the Engineer considers may have a
Defect.
32. Tests
32.2 If the Engineer instructs the Contractor to carry out a test not specified in the Specification to
check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and
any samples.
33.1 The Engineer shall give notice to the Contractor of any defects before the end of the Defects Liability
Period, which begins at Completion, and is in defined in Contract data. The Defects Liability shall be extended
for as long as defects remain to be corrected.
33.2 Every time notice of a defect is given, the Contractor shall correct the notified defect at his own cost within
the length of time specified by the Engineer‟s notice. If the contractor is in default the Engineer shall give
notice to the contractor of such defects before end of defect liability period and shall extend the defect
liability period as long as defects remain to be corrected.
34.1 If the Contractor has not corrected a Defect/completed the work, to the satisfaction of the
Engineer, within the time specified in the Engineer's notice/indent, the Engineer will assess the cost of having
the defect corrected and get the defects rectified through some other agency and the contractor will pay 1.2
times of this amount.
34.2 If the Contractor has not corrected a Defect/completed the work, to the satisfaction of the
Engineer, within the time specified in the Engineer's notice, the Engineer will assess the cost of having the
work completed and get the work completed through some other agency and the contractor will pay this
amount in addition to the damages specified as per cl:45.
Page 57 of 174
National Highways Authority of India Request for proposal
D. Cost Control
35.1 The Bill of Quantities shall contain items for the construction, installation, testing, and
commissioning and maintaining works to be done by the Contractor.
35.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor will be paid for the
quantity of the work done at the rates in the Bill of Quantities for each item for the work executed duly
considering the percentage excess/ less quoted by the contractor.
.... Deleted
36. Variations
36.1 The Engineer shall, having regard to the scope of the Works and the sanctioned estimated cost,
have power to order (+) or (-) 25% of original BoQ quantity of single BoQ item subject to maximum of (+) or (-
) 5% of Original Contract Value, after approval from NHAI / as per NHAI guidelines, in writing, Variations
within the scope of the Works he considers necessary or advisable during the progress of the Works. Such
Variations shall form part of the Contract and the Contractor shall carry them out and include them in
updated Programmes produced by the Contractor. Oral orders of the Engineer for Variations, unless followed
by written confirmation, shall not be taken into account.
37.1 Any additional quantity of BOQ (Variations) executed by the contractor shall be paid in accordance
with the provisions of clause 35.2 above.
37.2 If the rates for Variation are not specified in the Bill of Quantities, the Engineer shall derive the rate
from similar items in the Bill of Quantities.
37.3 If the rate for Variation item cannot be determined in the manner specified in Clause 37.1 or 37.2, the
Contractor shall, within 14 days of the issue of order of Variation work, inform the Engineer the rate
which he proposes to claim, supported by analysis of the rates. The Engineer shall assess the quotation
and determine the rate based on prevailing market rates within one month of the submission of the
claim by the Contractor and approval from NHAI will be taken. As far as possible, the rate analysis
shall be based on the standard data book and the current schedule of rates of the district public works
division. The decision of the Employer on the rate so determined shall be final and binding on the
Contractor.
38.1 When the Programme is updated, the Contractor shall provide the Engineer with an updated cash flow
forecast.
Page 58 of 174
National Highways Authority of India Request for proposal
39.1 The Contractor shall submit to the Engineer monthly statements of the value of the work executed less
the cumulative amount certified previously supported with detailed linear measurement of the items
of work executed.
39.2 The Engineer shall check the Contractor's monthly statement within 14 days and certify the amount to
be paid to the Contractor after taking into account any credit or debit for the month in question.
39.3 The value of work executed shall be determined, based on actual linear measurements recorded by the
Engineer in the Measurement Book.
39.4 The value of work executed shall comprise the value of the quantities of the items in the Bill of
Quantities completed.
39.5 The value of work executed shall also include the valuation of Variations and Compensation Events.
39.6 The Engineer / Employer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later information.
39.7 The final bill shall be submitted by the contractor within one month of the actual date of completion of
the work; otherwise the Engineers certificate of the measurement and of the total amount payable for
work accordingly shall be final and payment made accordingly within a period of sixty days as far as
possible.
40. Payments
40.1 Payments shall be adjusted for deductions for advance payments, security deposit, other recoveries in
terms of the Contract and taxes at source, as applicable under the law. The Employer shall pay the
Contractor the amounts Engineer had certified within 28 days of the date of each certificate.
40.2 The Authorized Representative of the Employer shall make the payment certified by the Engineer.
40.3 Deleted.
41.1 The following shall be Compensation Events unless they are caused by the Contractor:
a) The Engineer orders a delay or delays exceeding a total of 30 days.
b) The effects on the Contractor of any of the Employer's Risks.
41.2 If a Compensation Event would prevent the Works being completed before the Intended Completion
Date, the Intended Completion Date shall be extended. The Engineer shall decide whether and by how
much the Intended Completion Date shall be extended after the approval of the employer.
41.3 The contractor shall not be entitled to compensation to the extent that the Employer‟s interests are
adversely affected by the Contractor not having given early warning or not having cooperated with the
Engineer/Employer.
42.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other levies, duties,
royalties, cess, toll, taxes (except service tax) of Central and State Governments, local bodies and
Page 59 of 174
National Highways Authority of India Request for proposal
authorities that the Contractor will have to pay for the performance of this Contract. The Employer will
perform such duties in regard to the deduction of such taxes at source as per applicable law. The
service tax shall be reimbursed (if applicable) subject to production of proof of such payment by the
contractor (proof should contain name of work).
43.1. Deleted
43.2. Deleted
44.1 The Employer shall retain security deposit of five percent of the amount from each payment due to the
Contractor until Completion of the whole of the Works.
44.2 The security deposit/retention money and the performance security will be released to the Contractor
when the Defect Liability period is over, and the Engineer has certified that the Defects, if any, notified
by the Engineer to the Contractor before the end of this period have been corrected.
44.3 If the contractor so desires then the Security Deposit/retention money can be released on submission of
unconditional Bank Guarantee at the following two stages:-
(a) At a point after the progress of work in financial term (gross value of work done) has reached
50% of the contract amount
(b) After the retention money has been deducted to the full value (5% of the Contract Amount).
45.1 The Contractor shall pay liquidated damages to the Employer at the rate or part thereof stated in the
Contract Data for each day that the Completion Date is later than the Intended Completion Date. The
total amount of liquidated damages shall not exceed the amount defined in the Contract Data. The
Employer may deduct liquidated damages from payments due to the Contractor. Payment of
liquidated damages shall not affect the Contractor's other liabilities.
45.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Engineer
shall correct any overpayment of liquidated damages by the Contractor by adjusting in the next
payment certificate. The contractor shall not be paid interest on the over payment of liquidated
damages.
Deleted.
47. Securities
47.1 Subject to further condition in contract data, the Performance Security equal to ten percent of the
contract price and additional security for unbalanced bids shall be provided to the Employer no later
Page 60 of 174
National Highways Authority of India Request for proposal
than the date specified in the Letter of Acceptance and shall be issued in the form given in the Contract
Data and by a prescribed bank. The Performance Security shall be valid until a date 28 days after the
expiry of Defect Liability Period and the additional performance security for unbalanced bids shall be
valid until a date 28 days from the date of issue of the certificate of completion. The validity shall
account for additional 3 months time to account for BG verification, signing of contract and start date
48.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and
the end of the Defects Liability Period shall be remedied/ rectified by the Contractor at their cost if the
loss or damage arises from the Contractor's acts or omissions.
49. Completion
49.1 When the whole of work is completed as per provisions of contract, the contractor shall request to issue
a certificate of completion of works, the Engineer shall within 14 days of the date of receipt of such
request either issue to the contractor with a copy to the employer, a completion certificate, stating the
date on which the works were completed in accordance with the contract or give instructions in
writing to the the contractor specifying all the works which in the Engineer‟s opinion is required to be
done by the contractor before the issue of such certificate.
50.1 The Employer shall take over the Site and the Works within seven days of the Engineer's issuing a
certificate of Completion.
51.1 The Contractor shall supply to the Engineer with a detailed account of the total amount that the
Contractor considers payable under the Contract before the end of the Defects Liability Period. The
Engineer shall issue a Defects Liability Certificate and certify any final payment that is due to the
Contractor within 56 days of receiving the Contractor's account if it is correct and complete. If it is not,
the Engineer shall issue within 56 days a schedule that states the scope of the corrections or additions
that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Engineer
shall decide on the amount payable to the Contractor and issue a payment certificate within 56 days of
receiving the Contractor‟s revised account.
52.1 If "as built" Drawings and/or operating and maintenance manuals are required, the Contractor shall
supply them within 28 days from date of issue of certificate of completion.
52.2 If the Contractor does not supply the Drawings and/or manuals by the stipulated date or they do not
receive the Engineer's approval, the Engineer shall withhold the amount equal to Rs. 5 lakhs from
payments due to the Contractor.
Page 61 of 174
National Highways Authority of India Request for proposal
53.1 The Employer may terminate the Contract if the Contractor causes a fundamental breach of the
Contract.
53.2 Fundamental breaches of Contract include, but shall not be limited to, the following:
a) the Contractor stops work for 28 days when no stoppage of work is shown on the current
Programme and the stoppage has not been authorized by the Engineer;
b) the Contractor is declared as bankrupt or goes into liquidation other than for approved
reconstitution or amalgamation;
c) the Engineer/Employer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period of time
determined by the Engineer;
d) the Contractor does not maintain a Security, which is required;
e) the Contractor has delayed the completion of the Works by the number of days for which the
maximum amount of liquidated damages can be paid, as defined in clause 45;
f) the Contractor fails to provide insurance cover as required under clause 13;
g) if the Contractor, in the judgement of the Employer, has engaged in the corrupt or fraudulent
practice in competing for or in executing the Contract. For the purpose of this clause, “corrupt
practise” means offering, giving, receiving, or soliciting of any thing of value to influence the action
of a public official in the procurement process or in Contract execution. “Fraudulent Practice”
means a misrepresentation of facts in order to influence a procurement process or the execution of
a contract to the detriment of the Employer and includes collusive practice among Bidders (prior to
or after bid submission) designed to establish bid process at artificial non-competitive levels and to
deprive the Employer of the benefits of free and open competition.
h) if the Contractor has not completed at least thirty percent of the value of Work required to be
completed after half of the completion period has elapsed;
i) if the Contractor fails to set up a field laboratory with the prescribed equipment, within the period
specified; and
j) any other fundamental breach as specified in the Contract Data.
53.3 Notwithstanding the above, the Employer may terminate the Contract for convenience.
53.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and
secure, and leave the Site as soon as reasonably possible but in no case later than 7 days.
54.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the
Engineer shall issue a certificate for the value of the work done and Materials ordered less advance
payments received up to the date of the issue of the certificate and less the percentage to apply to the
value of the work not completed, as indicated in the Contract Data. Additional Liquidated Damages
shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor,
the difference shall be a debt payable to the Employer.
54.2 Save and except Cl 35.3.3, if the Contract is terminated at the Employer's convenience, the Engineer
shall issue a certificate for the value of the work done, the reasonable cost of removal of Equipment,
repatriation of the Contractor's personnel employed solely on the Works, and the Contractor's costs of
protecting and securing the Works and less advance payments outstanding on the date of the
Page 62 of 174
National Highways Authority of India Request for proposal
certificate, less other recoveries due in terms of the Contract, and less taxes due to be deducted at
source as per applicable law.
In case of termination on account of award of 6 laning or OMT work stated in Cl 35.3.3, the Engineer
shall issue a certificate for the value of work done till termination, less advance payments outstanding,
less other recoveries due in terms of contract and less taxes due to be deducted at source as per
applicable law.
55. Property
55.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be the
property of the Employer for use for completing balance work if the Contract is terminated because of
the Contractor's default.
56.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of
the Employer or the Contractor, the Engineer shall certify that the Contract has been frustrated. The
Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate
and shall be paid for all work carried out before receiving it and for any work carried out afterwards to
which a commitment was made.
57. Labour
57.1 The Contractor shall, make arrangements of his own cost and expenses for the engagement of all staff
and labour, local or others; for their payment, housing, feeding and transport; and for compliance with
various labour laws/ regulations.
57.2 The Contractor shall, as asked by the Engineer, deliver to the Engineer a return in detail, in such form
and at such intervals as the Engineer may prescribe, showing the staff and the numbers of the several
classes of labour from time to time employed by the Contractor on the Site and such other information
as the Engineer may require.
58.1 During the currency of the Contract, the Contractor and his sub Contractors shall abide at all times by
all existing labour enactments and rules made there under, regulations, notifications and bye laws of
the State or Central Government or local authority and any other labour law (including rules),
regulations, bye laws that may be notified already or that may be notified under any labour law in
future either by the State or the Central Government or the local authority. Salient features of some of
the major labour laws that are applicable to construction industry are given below. The Contractor
shall keep the Employer indemnified in case any action is taken against the Employer by the competent
authority on account of contravention of any of the provisions of any Act or rules made there under,
regulations or notifications including amendments. If the Employer is caused to pay or reimburse, such
amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in
the notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the
Contractor, the Engineer/Employer shall have the right to deduct any money due to the Contractor
including from his performance security/ retention money. The Employer/Engineer shall also have
Page 63 of 174
National Highways Authority of India Request for proposal
right to recover from the Contractor any sum required or estimated to be required for making good the
loss or damage suffered by the Employer. The employees of the Contractor and the Sub-Contractor in
no case shall be treated as the employees of the Employer at any point of time.
a) Workmen Compensation Act 1923: - The Act provides for compensation in case of injury
by accident arising out of and during the course of employment.
b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the Act on satisfaction of
certain conditions on separation if an employee has completed the prescribed minimum years (say, five
years) of service or more or on death the rate of prescribed minimum days‟ (say, 15 days) wages for every
completed year of service. The Act is applicable to all establishments employing the prescribed minimum
number (say, 10) or more employees.
c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly contributions by
the Employer plus workers at the rate prescribed (say, 10% or 8.33%). The benefits payable under the Act
are:
d) Maternity Benefit Act 1951: - The Act provides for leave and some other benefits to women employees
in case of confinement or miscarriage etc.
e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides for certain welfare measures to
be provided by the Contractor to contract labour and in case the Contractor fails to provide, the same are
required to be provided, by the Principal Employer by Law. The principal Employer is required to take
Certificate of Registration and the Contractor is required to take license from the designated Officer. The
Act is applicable to the establishments or Contractor of Principal Employer if they employ prescribed
minimum (say 20) or more contract labour.
f) Minimum Wages Act 1948: - The Employer is to pay not less than the Minimum Wages fixed by
appropriate Government as per provisions of the Act if the employment is a scheduled employment.
Construction of buildings, roads, runways are scheduled employment.
g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to be paid, when it will be
paid and what deductions can be made from the wages of the workers.
h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for work of equal
nature to male and female workers and for not making discrimination against female employees in the
matters of transfers, training and promotions etc.
i) Payment of Bonus Act 1965: - The Act is applicable to all establishments employing prescribed
minimum (say, 20) or more workmen. The Act provides for payments of annual bonus within the
prescribed range of percentage of wages to employees drawing up to the prescribed amount of wages,
calculated in the prescribed manner. The Act does not apply to certain establishments. The newly set-up
Page 64 of 174
National Highways Authority of India Request for proposal
establishments are exempted for five years in certain circumstances. States may have different number of
employment size.
j) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for resolution of
industrial disputes, in what situations a strike or lock-out becomes illegal and what are the requirements
for laying off or retrenching the employees or closing down the establishment.
k) Industrial Employment (Standing Orders) Act 1946: - It is applicable to all establishments employing
prescribed minimum (say, 100, or 50). The Act provides for laying down rules governing the conditions of
employment by the Employer on matters provided in the Act and get these certified by the designated
Authority.
l) Trade Unions Act 1926: - The Act lays down the procedure for registration of trade unions of workmen
and Employers. The Trade Unions registered under the Act have been given certain immunities from civil
and criminal liabilities.
m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits employment of children below
14 years of age in certain occupations and processes and provides for regulations of employment of
children in all other occupations and processes. Employment of child labour is prohibited in building and
construction industry.
n) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions of Service) Act 1979: - The
Act is applicable to an establishment which employs prescribed minimum (say, five) or more inter-state
migrant workmen through an intermediary (who has recruited workmen in one state for employment in
the establishment situated in another state). The Inter-State migrant workmen, in an establishment to
which this Act becomes applicable, are required to be provided certain facilities such as Housing,
Medical-Aid, Travelling expenses from home up to the establishment and back etc.
o) The Building and Other Construction workers (Regulation of Employment and Conditions of
Service) Act 1996 and the Cess Act of 1996: - All the establishments who carry on any building or other
construction work and employs the prescribed minimum (say, 10) or more workers are covered under
this Act. All such establishments are required to pay cess at the rate not exceeding 2% of the cost of
construction as may be modified by the Government. The Employer of the establishment is required to
provide safety measures at the building or construction work and other welfare measures, such as
canteens, first-aid facilities, ambulance, housing accommodations for workers near the work place etc.
The Employer to whom the Act applies has to obtain a registration certificate from the Registering Officer
appointed by the Government.
p) Factories Act 1948: - The Act lays down the procedure for approval of plans before setting up a factory,
health and safety provisions, welfare provisions, working hours, annual earned leave and rendering
information regarding accidents or dangerous occurrences to designated authorities. It is applicable to
premises employing the prescribed minimum (say, 10) persons or more with aid of power or another
prescribed minimum (say, 20) or more persons without the aid of power engaged in manufacturing
process.
59.1 The contractor shall do photography/videography of the site firstly before the start of the work,
secondly mid-way in the execution of different stages of work and lastly after the completion of the
work. No separate payment will be made to the contractor for this.
Page 65 of 174
National Highways Authority of India Request for proposal
59.2 The Contractor shall not disclose details of Drawings furnished to him and works on which he is
engaged without the prior approval of the Engineer in writing. No photograph of the works or any
part thereof or plant employed thereon, except those permitted under clause 59.1, shall be taken or
permitted to be taken by the Contractor or by any of his employees or any employees of his sub-
Contractors without the prior approval of the Engineer in writing. No photographs/ Videography
shall be published or otherwise circulated without the approval of the Engineer in writing.
60.1 The Contractor shall duly comply with the provisions of the Apprenticeship Act 1961 (III of 1961), the
rules made there under and the orders that may be issued from time to time under the said Act and the
said Rules and on his failure or neglect to do so he shall be subject to all liabilities and penalties
provided by the said Act and said Rules.
Page 66 of 174
National Highways Authority of India Request for proposal
ANNEX-I
ARBITRATION RULES OF SAROD
Rules
1. Scope of Application
2. Definitions
3. Notice, Calculation of Periods of Time
4. Commencement of Arbitration
5. Response by Respondent
6. Filing of Case Statements
7. Contents of Case Statements
8. Default in Filing and Serving Case Statements
9. Further Written Statements
10. SAROD to Provide Assistance
11. Appointment of Tribunal
12. Multi-party Appointment of the Tribunal
13. Appointment of Substitute Arbitrator
14. Independence and Impartiality of the Tribunal
15. Code of Ethics for Arbitrators
16. Challenge of Arbitrators
17. Decision on Challenge
18. Removal of the Tribunal
19. Re-hearing in the Event of Replacement of the Tribunal
20. Jurisdiction of the Tribunal
21. Fees of SAROD and Arbitral Tribunal
22. Transmission of File of the Tribunal
23. Juridical Seat of Arbitration
24. Language of Arbitration
25. Conduct of the Proceeding
26. Communications between Parties and the Tribunal
27. Party Representatives
28. Hearings
29. Documents – only Arbitration
30. Witnesses
31. Experts Appointed by the Tribunal
32. Rules applicable to substance of dispute
33. Closure of Hearings
34. Additional Powers of the Tribunal
35. Deposits to Costs and Expenses
36. Decision Making by the Tribunal
37. The Award
38. Additional Award
39. Correction of Awards
40. Settlement
41. Interest
42. Costs
43. Waiver
44. Exclusion of Liability
Page 67 of 174
National Highways Authority of India Request for proposal
Page 68 of 174
National Highways Authority of India Request for proposal
PREAMBLE
In order to seek speedy, affordable, just and reasonable Redressal of Dispute/Differences
between NHAI and Concessionaire/Contractor arising out of and during the course of
execution of various contracts, a Society for Affordable Redressal of Disputes (SAROD) has
been formed as a Society under Societies Registration Act, 1860 with registration No.
S/RS/SW/l044/2013. It has been formed by National Highways Authority of India (NHAI)
and National Highways Builders Federation (NHBF) with founding members as mentioned in
the Memorandum of Association of SAROD.
SAROD ARBITRATION
“Any dispute or difference whatsoever arising between the parties and of or relating to
the construction, interpretation, application, meaning, scope, operation or effect of this
contract or the validity or the breach thereof, shall be settled by arbitration in accordance
with the rules of arbitration of the “SAROD” and the award made in pursuance thereof
shall be final and binding on the parties subject to Provisions of The Arbitration and
Conciliation Act, 1996”.
1.2 These rules shall come into effect from the day of approval by Governing
Body of SAROD.
Rule 2 – Definitions
Page 69 of 174
National Highways Authority of India Request for proposal
"TRIBUNAL” means either a Sole Arbitrator or all arbitrators when more than one is
appointed.
3.1 For the purposes of these Rules, any notice, including a notification, communication
or proposal, is deemed to have been received if it is physically delivered to the
addressee or if it is delivered at his habitual residence, place of business or mailing
address, or, if none of these can be found after making reasonable inquiry, then at the
addressee‟s last-known residence or place of business. Notice shall be deemed to
have been received on the day it is so delivered.
3.2 For the purposes of calculating a period of time under these Rules, such period shall
begin to run on the day following the day when a notice, notification, communication
or proposal is received. If the last day of such period is an official holiday or a non-
business day at the residence or place of business of the addressee, the period is
extended until the first business day which follows. Gazetted public holidays or non-
business days occurring during the running of the period of time are included in
calculating the period.
3.3 Without prejudice to the effectiveness of any other form of written communication,
written communication may be made by fax, email or any other means of electronic
transmission effected to a number, address or site of a party.
3.4 The transmission is deemed to have been received on the day oftransmission.
4.1 Any party wishing to commence an arbitration under these Rules (“the
Claimant”) shall file with the Secretary and serve on the other party {“the
Respondent”), a written Notice of Arbitration (“the Notice of Arbitration”) which
shall include the following:
a. a request that the dispute be referred to arbitration;
b. the names, addresses, telephone numbers, fax numbers and email
addresses of the parties to the dispute;
d. a reference to the contract out of which the dispute arises and provide a copy
Page 70 of 174
National Highways Authority of India Request for proposal
g. a proposal as to the number of arbitrators (i.e. one or three), if the parties have
not previously agreed on the number; and
h. the name of the Claimant‟s nominated arbitrator.
4.2 A filing fee of Rs.10,000/- (Ten thousand) or any amount decided by Governing Body
from time to time is payable at the time of filing the Notice of arbitration.
4.3 The date of filing of the Notice of Arbitration with the Secretary is the date of
commencement of the arbitration for the purpose of these Rules.
5.1 Within 14 days of receipt of the Notice of Arbitration, the Respondent shall file with
the Secretary and serve upon on the Claimant, a Response including
a. A confirmation or denial of all or part of the claims;
b. Brief statement of the nature and circumstances of any envisaged
counterclaims
C A comment in response to any proposals contained in the Notice of
Arbitration; and
d. The name of the respondent‟s nominated arbitrator.
5.2 A filing fee of Rs. 10,000/- or any amount decided by Governing Body from time to
time is payable at the time of filing the Response.
5.3 In case parties have objection to the jurisdiction of Arbitral Tribunal, such objection
shall be raised not later than 15 days of the commencement of Arbitration proceedings
failing which it will be deemed that parties have waived their right to objection.
6.1 Within 30 days after the filing of the Notice of Arbitration, the claimant must file with
the Secretary and serve on the Respondent, a Statement of Claimant‟s Case along with
all documents to be relied upon by the Claimant.
6.2 Within 30 days after the service of the statement of Claimant‟s Case, the Respondent
must file with the Secretary and serve on the Claimant, a statement of respondent‟s
defense and counterclaim (if any) along with all documents to be relied upon by the
Respondent.
6.3 Within 30 days after the service of the statement of Respondent‟s defense, if the
Claimant intends to challenge anything in the statement of Respondent‟s defense
and/or counterclaim, the Claimant must then file with the Secretary and serve on the
Respondent, a statement of claimant‟s reply and if necessary, defense to counter
claim.
6.4 No further case statements may be filed without the leave of the Tribunal or if a
Tribunal has not been appointed, the Secretary.
Page 71 of 174
National Highways Authority of India Request for proposal
6.5 The Tribunal or if a Tribunal has not been appointed, the Secretary, may upon the
written application of a party, extend the time limits provided under this Rule,
6.6 The party required to file a case statement must at the same time deposit with the
Secretary for eventual transmission to the Tribunal an additional copy or additional
copies of the case statement, according to the number of arbitrators constituting or
who will constitute the Tribunal.
b. State fully its reasons for denying any allegation or statement of the other
party.
c. State fully its own version of events if a party intends to put forward a version
of events different from that given by the other party.
7.3 A case statement must be signed by or on behalf of the party making it.
10.2 Any additional expenses incurred or to be incurred for any such arrangements shall
be borne by the parties.
Page 72 of 174
National Highways Authority of India Request for proposal
11.3 If a Sole Arbitrator is to be appointed, the Governing Body will appoint the Arbitrator
within 21 days from the date the Respondent‟s Statement of Defence and
Counterclaim (if any) is filed or falls due, whichever is earlier. The Governing Body
will appoint the Arbitrator from the panel of Arbitrators by draw of lots,
11.5 In the event of any party failing to appoint Arbitrator within 30 days of receipt of the
notice of Arbitration, the Governing Body shall appoint the Arbitrator or Presiding
Arbitrator as the case may be by a draw of lots.
12.2 If the parties are unable to do so, upon the lapse of the 21 day time period mentioned
herein, the Tribunal shall be appointed by the Governing Body as soon as practicable.
In the event of the death or resignation of any of the arbitrators, a substitute arbitrator
must be appointed by the same procedure as in Rule 11 by which the arbitrator
concerned was appointed, failing which, the Governing Body will make the
appointment.
14.2 A prospective arbitrator shall disclose to those who approach him in connection with
his possible appointment, any circumstances likely to give rise to justifiable doubts as
to his impartiality or independence.
14.3 An arbitrator, once nominated or appointed, shall disclose any such circumstance
referred to in Rule 14.2 to the Secretary and/ or to all parties.
Page 73 of 174
National Highways Authority of India Request for proposal
conscience. Therefore he/she is expected to exhibit a noble conduct. The code of conduct
prescribed by the Governing Body has to be adopted.
Appointment
15.1 A prospective arbitrator shall accept an appointment only if he is fully satisfied that he
is able to discharge his duties without bias, he has an adequate knowledge of the
language of the arbitration, and he is able to give to the arbitration the time and
attention which the parties are reasonably entitled to expect,
Disclosure
15.3 A prospective arbitrator shall disclose all facts or circumstances that may give rise to
justifiable doubts as to his impartiality or independence, such duty to continue
thorough out the arbitral proceedings with regard to new facts and circumstances.
15.4 A prospective arbitrator shall disclose to the Secretary and any party who approaches
him for a possible appointment:
(b) The extent of any prior knowledge he may have of the dispute.
Bias
15.5 The criteria for assessing questions relating to bias are impartiality and independence.
Partiality arises when an arbitrator favours one of the parties or where he is
prejudiced in relation to the subject matter of the dispute. Dependence arises from
relationships between an arbitrator and one of the parties, or with someone closely
connected with one of the parties.
15.6 Any close personal relationship or current direct or indirect business relationship
between an arbitrator and a party, or any representative of a party, or with a person
who is known to be a potentially important witness, will normally give rise to
justifiable doubts as to a prospective arbitrator‟s impartiality or independence. Past
business relationships will only give rise to justifiable doubts if they are of such
magnitude or nature as to be likely to affect a prospective arbitrator‟s judgment. He
should decline to accept an appointment in such circumstances unless the parties
agree in writing that he may proceed.
Communications
15.7 Before accepting an appointment, an arbitrator may only enquire as to the general
nature of the dispute, the names of the parties and the expected time period required
for the arbitration.
15.8 No arbitrator shall confer with any of the parties or their Counsel until after the
Secretary gives notice of the formation of the Tribunal to the parties.
15.9 Throughout the arbitral proceedings, an arbitrator shall avoid any unilateral
communications regarding the case with any party, or its representatives.
Page 74 of 174
National Highways Authority of India Request for proposal
Fees
Conduct
15.11 Once the arbitration proceedings commence, the arbitrator shall acquaint himself with
all the facts and arguments presented and all discussions relative to the proceedings
so that he may properly understand the dispute.
Confidentiality
15.12 The arbitration proceedings shall remain confidential. An arbitrator is in a relationship
of trust to the parties and should not, at any time, use confidential information
acquired during the course of the proceedings to gain personal advantage or
advantage for others, or to affect adversely the interest of another.
15.13 This Code is not intended to provide grounds for the setting aside of any award.
Rule 16 - Challenge of Arbitrators
16.1 An arbitrator may be challenged if there are circumstances that give rise to justifiable
doubts as to his impartially or independence and also if he or she has committed any
misconduct.
16.2 An arbitrator may also be challenged if he does not possess the qualifications required
by the agreement of the parties,
16.3 A party may challenge an arbitrator appointed on its nomination or with its
agreement only for reasons of which it becomes aware after the appointment has been
made.
16.4 A party who intends to challenge an arbitrator shall file with the Secretary and serve
on the other party or all other parties, whichever is applicable, a Notice of Challenge.
16.5 The Notice of challenge must be filed and served within 14 days from the
appointment of the arbitrator or within 14 days after the circumstances mentioned in
Rule 15.1 became known to that party.
16.6 The Notice of Challenge must state the reasons for the challenge.
16.7 The arbitration shall be suspended until the challenge is resolved or decided upon.
16.8 When an arbitrator has been challenged by one party, the other party may agree to the
challenge. The arbitrator may also, after the challenge, withdraw from his office.
However, it is not implied in either case that there has been an acceptance of the
validity of the grounds for the challenge. In both cases, the procedure provided in
Rule 11 read with Rule 13, shall be used for the appointment of a substitute arbitrator.
Page 75 of 174
National Highways Authority of India Request for proposal
17.2 If the Governing Body sustains the challenge, a substitute arbitrator shall be appointed
or chosen pursuant to the procedure applicable to the appointment of an arbitrator as
provided in Rule 11 read with Rule 13. If the Governing Body dismisses the challenge,
the arbitrator shall continue with the arbitration.
Rule 18 - Removal of the Tribunal
18.1 The Governing Body may on the application of a party remove an arbitrator:
a. Who is physically or mentally incapable of conducting the proceedings or
where there are justifiable doubts as to his ability to do so; or
b. Who has refused or failed to use all reasonable dispatch in conducting the
arbitration or making an award.
c. Who has continuously absented from attending the proceedings for more than
3 sitting without prior permission of Presiding Arbitrator/ Governing Body of
SAROD.
18.2 The arbitrator(s) concerned is entitled to appear and be heard at the hearing of the
application to remove him.
18.3 Upon the removal of the arbitrator, a substitute arbitrator shall be appointed in
accordance with Rule 11 read with Rule13.
18.3 The Governing Body‟s decision on the application is final and is not subject to appeal
or review.
Rule 19 - Re-hearing in the Event of Replacement of the Tribunal
If the sole or presiding Arbitrator is replaced, there shall be a re-hearing. If any other
arbitrator is replaced, such re-hearing may take place at the discretion of the Tribunal.
20.2 The plea that the Tribunal does not have jurisdiction shall be raised not later than in
the Statement of Defense. A plea that the Tribunal is exceeding the scope of its
authority shall be raised promptly after the Tribunal has indicated its intention to
decide on the matter alleged to be beyond the scope of its authority. In either case the
Tribunal may nevertheless admit a late plea under this Rule if it considers the delay
justified. A party is not precluded from raising such a plea by the fact that he has
nominated, or participated in the appointment of an arbitrator.
20.3 The Tribunal must rule on an objection that it lacks jurisdiction as a preliminary
question upon the objection being raised. It may rule on an objection that it exceeds
the scope of its authority either as a preliminary question or in an award on the
merits, as it deems just and convenient.
20.4 In addition to the jurisdiction to exercise the powers defined elsewhere in these
Rules, the Tribunal shall have jurisdiction to determine any question of law arising in
the arbitration; proceed with the arbitration not with sanding the failure or refusal of
Page 76 of 174
National Highways Authority of India Request for proposal
any party to comply with these Rules or with the Tribunal‟s orders or directions, or to
attend any meeting or hearing, but only after giving that party written notice that it
intends to do so; and to receive and take into account such written or oral evidence as
it shall determine to be relevant, whether or not strictly admissible in-law.
Rule 21 – Fees of SAROD and Arbitral Tribunal Fee
Schedule
Registration Fee (Non - Refundable): Rs, 10,000/- or any amount fixed by Governing Body
from time to time. The Schedule of Fees and allied expenditure shall be decided by Governing
Body.
22.2 The Tribunal shall as soon as practicable, after consultation with the parties, issue
such orders and/or directions as are necessary for the conduct of the arbitration to
conclusion, including a timetable for steps to be taken in the arbitration and for the
hearing of the arbitration.
23.2 Notwithstanding Rule 22.1 and 22.2, the Tribunal may, unless otherwise agreed by
the parties, hold hearings and meetings anywhere convenient, subject to the
provisions of Rule28.2.
The language of arbitrators shall be English. In case of material existing are in any other
language, other than English the same has to be translated to English language.
26.2 Where a party sends any written communication (including Statements, expert
reports or evidentiary documents) to the Tribunal, the same shall be copied to the
other party or ail other parties, whichever is applicable, and show to the Tribunal
that the same has been so copied.
26.3 The address of the parties for the purpose of all communications during the
proceedings shall be those set out in the Notice of Arbitration, or as either party may
at any time notify the Tribunal and the other party or parties, whichever is
applicable.
Page 77 of 174
National Highways Authority of India Request for proposal
26.4 A copy of correspondence between the parties and the Tribunal shall be sent to the
Secretary.
28.2 The Tribunal shall fix the date, time and place of any meetings and hearings in the
arbitrations on the first hearing, and complete time table pertaining to all the
activities of the Arbitration e.g. submission of statement of claim, reply, counter
claim, reply therein, admission and denial of documents, visit/inspection of site if
any. The tribunal shall stick to the time table without any deviations unless there are
unavoidable circumstances warranting such deviation which will be with the prior
permission of the tribunal.
28.3 Prior to the hearing, the Tribunal may provide the Parties with matters or questions
to which it wishes them to give special consideration.
28.4 In the event that a party to the proceedings without sufficient cause, fails to appear at
a hearing of which the notice has been given, the Tribunal may proceed with the
arbitration and may make the Award after the party present has submitted evidence
to prove its case.
28.5 All meetings and hearing shall be in private unless the parties agree otherwise.
29.1 The Disputes may be decided without an oral hearing if it is so agreed by the parties.
29.2.1 Where the parties agree to dispense with oral hearing, the Tribunal must be promptly
informed by either of the parties, as soon as is practicable. The Tribunal must also be
promptly informed it, at a later stage, the parties or either of them intends to apply
for an oral hearing.
29.2.2 Parties may seek discovery of documents if they are not satisfied with existence of
documents annexed with statement of claim, reply and counter claim by giving self-
contained request to the Tribunal justifying the necessity for such documents.
Decision of tribunal shall be final and binding upon the parties.
Rule 30 – Witnesses
30.1 The Tribunal may require each party to give notice of the names and designations of
the witnesses it intends to call and reasons for legal necessity of such witness.
30.2 No party shall call any expert witness without the leave of the Tribunal.
30.3 Any witness who gives evidence may be questioned by each party or its
representative subject to any rulings made by the Tribunal,
Page 78 of 174
National Highways Authority of India Request for proposal
30.4 A Witness may be required by the Tribunal to testify under oath or affirmation.
30.5 Subject to such order or direction which the Tribunal may make, the testimony of
witness may be presented in written form, either as signed statements or by duly
sworn or affirmed affidavits,
30.6 Any party may require a witness to attend an oral examination at a hearing. If the
witness fails to attend, the Tribunal may place such weight on the written testimony
as it thinks fit, or may exclude it altogether,
30.7 The Tribunal shall determine the admissibility, relevance, materiality and weight of
the evidence given by any witness.
Rule 32 - Rules applicable to substance of dispute- (1) Where the place of arbitration is
situated in India,
32.1 In an arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in
accordance with the substantive law for the time being in force in India;
Rule 33 - Closure of Hearing
33.1 The Tribunal may inquire of the parties if they have any further proof to offer or
witnesses to be heard or submission to make and, if there are none, declare the
hearing closed.
33.2 The Tribunal may also, in view of exceptional circumstance, reopen the hearings at
any time before the award is made.
Rule 34 - Additional Powers of the Tribunal
34.1 In addition to the powers conferred by the Act, the Tribunal shall also have the power
to:-
a. Allow any party, upon such terms (as to costs and otherwise) as it shall
determine, to amend claims or counterclaims;
b. Extend or abbreviate any time limits provided by these Rules;
c. Conduct such enquires as may appear to the Tribunal to be necessary or
expedient;
d. Order the parties to make any property or thing available for inspection
Page 79 of 174
National Highways Authority of India Request for proposal
e. Order any parties to produce to the Tribunal, and to the other parties for
inspection, and to supply copies of any documents or classes of documents in
their possession, custody or power which the Tribunal determines to be relevant;
34.2 If the parties so agree, the Tribunal shall also have the power to add other parties
(with their consent) to be joined in the arbitration and make a single Final Award
determining all disputes between them.
35.2 The Claimant shall deposit with the SAROD half of the fees payable at the time of
filing of the Statement of Case. The Respondent shall deposit with the SAROD one-
half of the fees payable at the time of filing the Statement of Respondent‟s Defence
and Counterclaim (if any). The balance of fees payable shall be paid 60 days before
the date of the final hearing or on such other date that the Secretary may direct.
35.3 Where the amount of the claim or the counterclaim is not quantifiable at the time
payment is due, the Secretary will make a provisional estimate. The fees will be
adjusted in the light of such information as may subsequently become available. If
the arbitration is settled or disposed of without a hearing, the amount of the
Tribunal‟s fees and SAROD administration fees shall be finally determined by the
Secretary who will have regard to all the circumstances of the case, including the
stage of proceedings at which the arbitration is settled or otherwise disposed of.
35.4 The Secretary may from time to time direct parties to make one or more deposit(s)
towards any further expenses incurred or to be incurred on behalf of or for the
benefit of the parties.
35.5 All deposit(s) shall be made to and held by the SAROD. Any interest which may
accrue on such deposit(s) shall be retained by the SAROD.
35.6 If a party fails to make the payments or deposits required or directed, the Tribunal
may refuse to hear the claims or counterclaims, whichever is applicable, by the non-
complying party, although it may proceed to determine claims or counterclaims by
any party who has complied with orders.
35.7 The parties shall remain jointly and severally liable to the SAROD for payment of all
such fees and expenses until they have been paid in full even if the arbitration is
abandoned, suspended or concluded, by agreement or otherwise, before the final
Award is made.
Rule 36 - Decision Making by the Tribunal
Page 80 of 174
National Highways Authority of India Request for proposal
36.1 Where a Tribunal has been appointed, any direction, order, decision or award of the
Tribunal must be made by the whole Tribunal or a majority. If an arbitrator refuses or
fails to sign the Award, the signatures of the majority shall be sufficient, provided
that the reason for the omitted signature is stated.
36.2 If there is no unanimity, the same shall be made by the majority arbitrators as well as
by the dissenting Arbitrator alone as if acting as a sole arbitrator.
36.3 However, in the case of a three-member Tribunal the presiding arbitrator may, after
consulting the other arbitrators, make procedural rulings alone.
37.1 It will be mandatory for the parties to submit written synopsis of their arguments
respectively which will form part of the arbitral proceedings.
37.2 The Tribunal shall assemble at the assigned place in SAROD and shall exercise utmost
secrecy and confidentiality in writing the award,
37.3 Unless the Secretary extends the time or the parties agree otherwise, the Tribunal shall
make its Award in writing within 30 days from the date on which the hearings are
closed and shall state the reasons upon which its award is based. The award shall
contain the date and shall be signed by the arbitrator or arbitrators.
37.4 The Tribunal may make interim awards or separate awards on different issues at
different times.
37.5 All Awards must be submitted by the Tribunal to the Secretary and they shall be
issued through the Secretary.
37.6 The Tribunal must deliver to the Secretary number of originals of the award sufficient
for the parties and for filing with the Secretary.
37.7 The Secretary shall release the award to the parties only upon receipt of sufficient
deposits to cover the fees and expenses due to the Tribunal and to the SAROD.
37.8 By agreeing to have arbitration under these Rules, the parties undertake to carry out
the award without delay.
37.9 Stamp duty on award shall be payable by the party in whose favor the award has
been pronounced.
38.1 Within 30 days after the receipt of the award, either party, with notice to the Secretary
and the other party may request the Tribunal to make an additional award as to
claims presented in the arbitral proceedings but omitted from the award.
38.2 If the Tribunal considers the request for an additional award to be justified and
considers that the omission can be rectified without any further hearings or evidence,
it shall notify all the parties within 7 days of the receipt of the request, that it will
make and additional award, and complete the additional award within 30 days after
the receipt of the request.
Page 81 of 174
National Highways Authority of India Request for proposal
39.1 Within 30 days of receiving an Award, unless another period of time has been agreed
upon by the parties, a party may by notice to the Secretary and the other party request
the Tribunal to correct in the Award, any errors in computation, any clerical or
typographical errors or any errors of similar nature.
39.2 If the Tribunal considers the request to be justified, it shall make the corrections)
within 30 days of receiving the request. Any correction shall be notified in writing to
the parties and shall become part of the Award.
39.3 The Tribunal may correct any error of the type referred to in Rule 37.1 on its own
imitative within 30 days of the date of the Award.
Rule 40 - Settlement
40.1 If, the parties arrived at amicable settlement of the dispute during the currency
proceedings, the parties shall file memo of settlement before the tribunal who shall
either issue an order for the termination of the arbitral proceedings or, if requested by
both parties and accepted by the Tribunal, record the settlement in the form of an
arbitral award on agreed terms. The Tribunal is not obliged to give reasons for such an
award,
40.3 If the continuation of the arbitral proceedings becomes unnecessary or impossible for
any reason not mentioned in Rule 38.1, before the award is made, the Tribunal shall
inform the parties of its intention to issue an order for the termination of the
proceedings. The Tribunal shall have the power to issue such an order unless party
raises justifiable grounds for objection.
40.4 Copies of the order for termination of the arbitral proceedings or of the arbitral award
on. agreed terms, signed by the Tribunal, shall be communicated by the Tribunal to
the parties through the Secretary.
Rule 41 - Interest
The Tribunal may award interest on any sum awarded at such rate as applicable in
fixed deposits of Sate Bank of India in respect of such periods ending not later than the
date of the award as the Tribunal considers just.
Rule 42 – Costs
42.1 The Tribunal shall specify in the final award, the costs of the arbitrations and decide
which party shall bear them and in what proportion they shall be borne.
42.2 In this Rule, “costs of the arbitration” shall include:
a. The fees and expenses of the Tribunal and the administration fees of the SAROD as
determined by the Secretary in accordance with the Schedule of Fees;
Page 82 of 174
National Highways Authority of India Request for proposal
42.3 The Tribunal has power to order in its Award, that all or part of the legal or other
costs (such as legal fees and expenses, costs incurred in respect of party appointed
experts etc) of one party shall be paid by the other party.
Rule 43 - Waiver
A party which is aware of non-compliance with these Rules and yet proceeds with the
arbitration without promptly stating its objection in writing to such non-compliance
shall be deemed to have waived its right to object.
44.2 After the Award as been made and the possibilities of corrections and additional
Awards have lapsed or been exhausted, neither the Tribunal nor the President shall be
under any obligation to make any statement to any person about any matter
concerning the arbitration, and no party shall seek to make any arbitrator or the
President or the SAROD and any of its officers a witness in any legal proceedings
arising out of the arbitration.
45.2 The Secretary may from time to time issue Practice Notes on the
implementation of these Rules.
These Rules may from time to time be amended by the Governing Body of SAROD.
Page 83 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
CONTRACT DATA
Clause Reference
1.1
[Cl.1.1]
(b) The Works consist of implementation of RSE Recommended Mitigation Measures
such as junction improvements, construction of Foot Over Bridge at TN-101-01 etc as
given in the bid document. [Cl.1.1]
3.1 (a) The law which applies to the Contract is the law of Union of India. [Cl.3.1]
(b) The language of the Contract documents is English [Cl.3.1]
7.1 Deleted [Cl.7.1]
8.1 Schedule of Other Contractor – NIL [Cl 8.1]
9.1 The Technical Personnel are [Cl.9.1]
Page 84 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
27.1. (A) The period for submission of the programme for approval of Engineer [Cl.27.1]
shall be 7 days from the issue of Letter of Commencement.
(B). Deleted
32 The period for setting up a field laboratory with the prescribed equipment relevant to
items of work in BOQ is 15 days from the date of notice to start work
33. The Defect Liability period will be 3 years from the date of issue of completion
certificate.
45.1 (a) Amount of liquidated damages for For identified Indented work
delay in completion of works 0.1 percent of the
Indented value, rounded
off to the nearest
thousand, per day with
the minimum of
Rs. 1000/- per day
(b) Maximum limit of liquidated damages for 10 per cent of the Initial
delay in completion of work. Contract Price rounded
off to the nearest
thousand
Page 85 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
[Cl.45.1]
53.2 (j) Other fundamental breach is that the contractor has failed to complete 75% of value
of indented work in any 3 indents issued by the Engineer.
[Cl 53.2 (j)]
54.1. The percentage to apply to the value of work not completed representing the Employer's
additional cost for completing the work shall be 20%. [Cl.54.1]
Page 86 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
SECTION-VI
SCOPE OF WORK
Page 87 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
General 6 Name of work: Remedial Measures for the MoRT&H Identified Black
Spots –TN-027, TN-033(10 nos), TN-034-05, TN-036(5 nos), TN–089(3
nos), TN-101-02 and construction of Foot Over Bridge at TN-101-01
along Tambaram to Tindivanam Section of NH-45 (New no. 32) in the
State of Tamil Nadu – 2nd Call.
Page 89 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
median & island, studs, providing Pedestrian Guard rail and
other incidental works all as per IRC and MORTH specification
standard.
k) Junction Improvements as part of permanent mitigation
measures at the black spot location Km 95+600 by redesigning
the junction, median opening, channelization of traffic,
construction of pavement with GSB 300mm, WMM 250mm.
DBM 150mm, BC 50mm in the main carriageway and side
roads at redesigned locations, construction of cement concrete
kerb, median and island, paver block in the island and
pedestrian refuge , signages, studs, pedestrian Guard rail, solar
blinkers and other incidental works all as per IRC and MORTH
specification standard.
l) Construction of Foot Over Bridge as part of permanent
mitigation measures at the black spot location Km 94+500 ,
providing ramps, stair case Pedestrian Guard rails, etc as per
drawing, Electrical lightings and other incidental works all as
per IRC and MORTH specification standard.
m) Junction Improvements as part of permanent mitigation measures
at the black spot location Km 64+600 by redesigning and
reshaping of median opening by altering the storage lane on
Tindivanam side of the junction opening for 40m straight, 25m
tapering, by providing WMM-150mm, DBM-50mm, BC-25mm,
CEMENT CONCRETE kerb for median, construction of island,
provision of pedestrian island in the median with provisions of
stone dust-30mm & paver block (M40)-80mm, construction of
service road on LHS for 250m straight and 40m taper for 7m
width by providing fresh earth from borrow pit for subgrade-
500mm, GSB-200mm,WMM-150mm,DBM-50mm, BC-25mm,
separator between Service Road and Carriageway, Thermoplastic
painting for markings, road studs, pedestrian guard rails for
150m on either side of the median opening, closure of two median
openings i.e. at Km64/200 & Km. 64/600, provision of solar
powered blinkers (amber)- 2Nos and other incidental works all as
per IRC and MORTH specification standard.
n) Junction Improvements as part of permanent mitigation measures
at the black spot location Km 50+300 (Mahindra World City
Junction) by redesigning and reshaping of the junction which
includes construction of storage lanes 61.5m Tindivanam side,
46m Tambaram side by providing WMM-250mm after scarifying
the bituminous layers, DBM-175mm, BC-40mm, construction of
kerb for median of about 99m, median island, paver block
pavement in the median for 211.7m and island 24.4m with
provisions of stone dust-30mm,paver block (M40)-80mm kerb
painting, marking, studs-270 nos, pedestrian guard rail 150m on
either side of the median opening and other incidental works all
Page 90 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
as per IRC and MORTH specification standard.
o) Junction Improvements as part of permanent mitigation measures
at the black spot location Km 52+000 which includes road
markings with hot applied thermoplastic paint, chevron boards-
15 Nos, hazard markers- 2nos, road studs-792 nos, pedestrian
guard rail for a length of 500m i.e. from km 51+600 to 52+100
except opening at km 52+040, paver block pavement in the
median for 21.7m width and 7.5m length with 30mm stone dust
and 80mm thick paver block(m40) and other incidental works all
as per IRC and MORTH specification standard.
p) Junction Improvements as part of permanent mitigation measures
at the black spot location Km 53+700 which includes construction
of footpath for a length of 446m (358m RHS, 88m LHS)by
excavation for keb 450mm, for paver block portion 660mm, GSB-
150mm, WMM-200mm, Stone dust filling 30mm, Paver block
(M40)-80mm, kerb painting, pavement marking using hot applied
thermoplastic paint, sign boards, Road Studs, Pedestrian Guard
Rail, solar powered blinker (amber)-2nos and other incidental
works all as per IRC and MORTH specification standard.
q) Junction Improvements as part of permanent mitigation measures
at the black spot location from Km 38+700 to Km 39+000 which
includes reshaping of the median, providing crust at the reshaped
portion of the median opening by providing WMM-250mm,
DBM-150mm, BC-50mm, filling of median island using fresh
earth from borrow pits-250mm, Construction of pedestrian island
in median and separators by providing stone dust 30mm and
paver block (M40)&Cement Concrete kerb, kerb painting,
pavement marking using hot applied thermoplastic paint, road
studs, Pedestrian guard rail from Km38+550 to Km39+100 and
other incidental works all as per IRC and MORTH specification
standard.
r) Junction Improvements as part of permanent mitigation measures
at the black spot location Km 42+050 which includes provision of
pedestrian refuge island by providing stone dust-30mm, paver
block (M40)-80mm, remodeling of the median by eliminating
taper portion 75m ( chennai side) 58m ( tindvanam side), 8.5m
divider (LHS), providing crust at median opening portion by
providing WMM-250mm, DBM-150mm, BC-50mm, filling in the
center median 75m (Chennai side) 58m (Tindivanam side), 8.5m
divider (LHS) using fresh earth from borrow pit-250mm thick,
Construction of cement concrete kerb, kerb painting, pavement
marking using hot applied thermoplastic paint, Studs, pedestrian
guard rail for about 150m on either side of the median opening,
sign boards, traffic signal controller with solar powered system –
1no and other incidental works all as per IRC and MORTH
specification standard.
Page 91 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
s) Junction Improvements as part of permanent mitigation measures
at the black spot location Km 43+700 which includes reshaping of
median & island for road side, providing crust at the storage lane
with WMM- 250mm, DBM-150mm, BC-50mm, CEMENT
CONCRETE kerb for median 101m, island 39.73m, foot path
(RHS) 263m, paver block pavement for foot path (RHS, in the
island and in the median by providing 30mm stone dust , paver
block-80mm, kerb painting, pavement markings, sign boards,
road studs – 254 nos, pedestrian guard rails for 150m on either
side of the median opening, traffic signal controller with solar
powered system – 1no and other incidental works all as per IRC
and MORTH specification standard.
t) Junction Improvements as part of permanent mitigation measures
at the black spot location Km 44+950 which includes construction
of channelized islands, reshaping of median near the opening,
construction of flexible pavement 20m (tindivanam side) island
RHS, 20m RHS center island, 5m at median opening by providing
WMM-250m, DBM-150mm, BC-50mm, cement concrete kerb,
median filling with fresh earth from borrow pit, Paver block
pavement in the median for 5.5 m on both side by providing stone
dust -30mm, paver block 80mm, kerb painting, pavement
marking, sign boards, road studs, pedestrian guard rail for 150m
length on both sides of median opening, traffic signal controller
with solar powered system – 1no and other incidental works all
as per IRC and MORTH specification standard.
u) Junction Improvements as part of permanent mitigation measures
at the black spot location Km 46+850 which includes reshaping of
the median by eliminating tapper on both sides, median opening
for 20m, providing storage lane on tindivanam side with crust
WMM-250mm after dismantling flexible pavement, DBM-150mm,
BC-50mm, construction of kerb, median filling using fresh earth
from borrow pits, paver block pavement in the island and median
with stone dust and paver block (m40) , markings, sign board,
road studs, pedestrian guard rail for 150m length on both sides of
median opening, traffic signal controller with solar powered
system -1no and other incidental works all as per IRC and
MORTH specification standard.
v) Junction Improvements as part of permanent mitigation
measures at the black spot location Km 47+700 which includes
providing storage lane on Chennai side median 59.5m (45m
straight, 14.5m tapper), RHS divider ( Chennai side) 59m, RHS
divider (Tindivanam Side) 80m by providing WMM-250 m ,
DBM-150mm, BC-50mm, cement concrete kerb, filling in median
island using fresh earth from borrow pit 250mm, paver block
pavement in median 5.5m B/s, separator on RHS 23m by using
stone dust filling 30mm thick and paver block (M40), kerb
Page 92 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
painting, pavement marking, sign boards, road studs, pedestrian
guard rail for 150m length on both sides of median opening,
traffic signal controller with solar powered system -1no and
other incidental works all as per IRC and MORTH specification
standard.
Page 93 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
SECTION-VII
TECHNICAL SPECIFICATIONS
Page 94 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
TECHNICAL SPECIFICATIONS
7.1 PREAMBLE:
The Technical Specifications contained herein shall be read in conjunction with the other
Bidding Documents as specified.
In the absence of any definite provisions on any particular issue in the aforesaid
Specifications, reference may be made to the latest codes and specifications of IRC and
BIS in that order, Where even these are silent, the construction and completion of the
works shall conform to sound engineering practice as approved by the Engineer and, in
case of any dispute arising out of the interpretation of the above, the decision of the
Engineer shall be final and binding on the Contractor.
The Contractor shall repair/rectification of defects and deficiencies and rectify the
Defect and deficiencies within 30 days as notified by Engineer / NHAI
Page 95 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
Remedial Measures for the MoRT&H Identified Black Spots –TN-027, TN-033(10 nos), TN-034-05,
TN-036(5 nos), TN–089(3 nos), TN-101-02 and construction of Foot Over Bridge at TN-101-01
along Tambaram to Tindivanam Section of NH-45 (New no. 32) in the State of Tamil Nadu – 2nd
Call.
VOLUME – II
Bill of Quantity
Regional Office
National Highways Authority of India
(Ministry of Road, Transport & Highways)
SRI Tower, 3rd Floor
DP - 34 (SP), Industrial Estate,
Guindy - Chennai-600 032
Phone No: 044 - 22252635
Fax No: 044 - 22252636
E mail: [email protected]
Page 96 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
CONTENTS
Volume – II
Page no.
Section Description
From To
Form of bid
111 114
Abbreviations
115 115
Estimated Bill of Quantities
SECTION - VIII 116 120
Rate quoted by bidder in %
(percentage) above or below the
121 121
estimated amount
Page 97 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
A: FORM OF BID
(Bidders are required to fill up all the blanks in the form of Bid)
Remedial Measures for the MoRT&H Identified Black Spots –TN-027, TN-033(10 nos),
TN-034-05, TN-036(5 nos), TN–089(3 nos), TN-101-02 and construction of Foot Over
Bridge at TN-101-01 along Tambaram to Tindivanam Section of NH-45 (New no. 32) in
the State of Tamil Nadu – 2nd Call.
To
Regional Office,
National Highways Authority of India
SRI Tower, 3rd Floor, DP - 34 (SP), Industrial Estate,
Guindy - Chennai-600 032
Phone No: 044 – 22252635
Fax No: 044 - 22252636
Dear Sir,
1. Having examined the Conditions of Contract, Specifications, Bill of Quantities, Drawings,
and Addenda No. _____ for the execution of the above named Works, we, the
undersigned, offer to execute and complete such works and remedy any defects therein in
conformity with the Conditions of Contract, Specifications, Bill of Quantities, Drawings
and Addenda for the % (percentage) above or below from the estimated cost
(____________) or such other sum as may be ascertained in accordance with the said
Bidding Documents.
2. We acknowledge that the Appendix to Bid/ Contract Data forms part of our Bid.
3. We undertake, if our Bid is accepted, to commence the works on Site within the period
stated in the Contract Data/ Appendix to Bid hereto after accept of an order of the
Engineer‟s notice to commence, and to complete and deliver the sections and the whole of
the Works comprised in the Contract within the period stated in the Contract Data/
Appendix to Bid
4. If our Bid is accepted, we will furnish Performance Security (ies) in the form of a Bank
Guarantee(s) to be jointly and severally bound on us in accordance with the Conditions of
Contract.
5. We agree to abide by this Bid for the period of one hundred twenty (120) days after the
date of bid opening, and it shall remain binding upon us and may be accepted at any time
before the expiry of that period.
6. Unless and until a formal Agreement is prepared and executed, this Bid, together with
your written acceptance thereof, shall constitute a binding Contract between us.
7. We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act 1988”).
8. We understand that you are not bound to accept the lowest or any Bid you may receive.
9. We certify/confirm that we comply with eligibility requirements, as per ITB clause 3&4 of
the bidding document.
Page 98 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
*This is applicable for all bidders from India Certified copy of Power of Attorney/ authorization for
signature shall be furnished by the Contractor. One Certified copy of Power of Attorney/ authorization
shall also be submitted with technical Bid in accordance with Clause 4.2(a) of Instruction to Bidders.
ABBREVIATIONS
Abbreviations : For
Rsor RS : Indian Rupees
LS or L.S or SUM : Lump Sum
Nr. or No. or Nos : Number(s)
Lm or LM or lm or Rm : Linear meter or Running meter
M : Meter
KM or km : Kilometre
hct. Or Hct : Hectare
m2or sq.mor Sqm : Square meter
Cum or cu.mor Cum : Cubic meter
Cement Concrete. or c or cu.cm or cucm : Cubic centimetre
KG or kg or Kg : Kilogram
mt or t or T or Ton : Metric Ton
HP : Horse Power
PS : Provisional Sum
IRC : Indian Roads Congress
MORTH Specification(s) : Specifications for Road and Bridge Works
fifth revision issued by the Ministry of
Surface Transport (Roads Wing),
Government of India, now renamed
Ministry of Road Transport and Highways
(MORT&H).
BIS : Bureau of Indian Standards
IS : Indian Standard
P.O.L or POL : Petroleum, Oil and Lubricants
Veh. Month : Vehicle month
Page 99 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
SECTION- VIII
BILL OF QUANTITIES
2. The quantities given in the Bill of Quantities are estimated and provisional and are
given to provide a common basis for bidding. The basis of payment will be the
actual quantities of work ordered and carried out, as measured by the Contractor
and verified by the Engineer and valued at the rates and prices bided in the priced
Bill of Quantities, where applicable and otherwise at such rates and prices as the
Engineer may fix within the terms of the Contract.
3. The rates and prices tendered in the priced Bill of Quantities, except in so far as it is
otherwise provided under the Contract, include all constructional plant, labour,
supervision, materials, all temporary works and false works, erection, maintenance,
establishment and over head charges, profit, taxes and duties and levies and other
charges together with all general risks, liabilities and obligations set out or implied
in the Contract and including remedy of any defects during the Defects Liability
Period.
4. The rates and prices shall be quoted entirely in Indian Rupees, see Clause 13 of the
Instruction to Bidders, Section I Volume 1.
5. The rate or price shall be entered both in figures and words against each item in the
Bill of Quantities, wherever the quantities are not stated and mentioned as „Not
Operating‟, the Bidders are not required to quote. The cost of items against which
the Contractor has failed to enter a rate or price shall be deemed to have been
covered by other rates and prices entered in the Bill of Quantities.
6. The whole cost of complying with the provisions of the Contract shall be included in
the items provided in the priced Bill of Quantities, and where no items are provided
the cost shall be deemed to be distributed among the rates and prices entered for the
related Items of Work.
7. General directions and descriptions of work and materials are not necessarily
repeated or summarized in the Bill of Quantities. Reference to the relevant sections
of the contract documentation shall be made before entering rates or prices against
each item in the Bill of Quantities.
9. Errors will be corrected by the Employer for any arithmetical errors pursuant to
Clause 28of the Instructions to Bidders, Section I Volume 1
10. Rock is defined as all materials, which, in the opinion of the Engineer, require
blasting, or the use of metal wedges and sledgehammers, or the use of compressed
air drilling for its removal, and which cannot be extracted by ripping with a tractor
of at least 110 KW with a single rear mounted heavy-duty ripper.
11. A rate or price shall be entered as a single rate as Tender Premium % above/below
on the amount in General Abstract.
Total 2134564
Recommended Mitigation Measures for identified road Accident Black spot ( TN-036-04)
Recommended Mitigation Measures for identified road Accident Black spot ( TN-036-05)
9 Traffic signs
Providing and laying of hot applied
thermoplastic compound 2.5 mm thick
including reflectorising glass beads @
250 gms per sqm area, thickness of 2.5
9.1 803 sqm 642.42 805 517148
mm is exclusive of surface applied
glass beads as per IRC:35 .The finished
surface to be level, uniform and free
from streaks and holes.
Providing and erecting of Retro –
Reflectorized Cautionary, Mandatory
and Informatory signs (without
definition board) made out of High
Intensity Prismatic Grade Sheeting
confirming to Type IV standards of
IRC-67: 2012 and ASTM D 4956 -09,
specification and fixed over 2mm thick
aluminium thick sheet fixed over a
back supporting frame of 25mmx
25mmx3mm mild steel angle and
supported on a mild steel angle post
75x75x6mm with a clear height of not
less than 2.10 m from the ground level
to the bottom of the sign board and
0.6m below ground level. The sign post
should be painted as per IRC 67;2012
Extant
and firmly fixed to the ground by
9.2 BOE
means of properly designed foundation
Minutes
with M-15 grade cement concrete
45x45x60cm size including cost and
conveyance of all materials, equipment,
machinery and labour with all leads
and lifts, loading charges necessary for
satisfactory completion of the work as
directed by the engineer in charge.
High intensity Retro - Reflectro sheet
shall consist of minimum coefficient of
Retro reflection as per table 6.6 of IRC
67- 2012. The retro reflective sheeting
shall be covered under 7-year warranty
issued for field performance and a
certified copy of three years outdoor
exposure report shall be obtained as per
IRC 67:2012 (as per MORTH
specification No.801)
90cm equilateral triangle Nos. 2 3820 7640
Providing and fixing reflective road
studs of 'category A' Raised pavement
Extant markers made out of polycarbonate /
9.3 BOE Methyl methacrylate / ABS moulded no 693 460.35 319023
Minutes body confirming to ASTM D 788 and
reflective panels with micro prismatic
lens capable of providing total internal
Page 160 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
reflection of the light entering the lens
face with retro reflectance and
chromaticity values confirming to
ASTM D4280. The reflective raised
pavement markers shall also confirm to
the MORTH circular No RW/ NH.
33023/10/97-DO.III dt 11.06.97. The
height, width and length shall not be
less than 15mm, 90mm and 100mm
and with minimum reflective area of 13
Sq. Cm on each side and the slope to
the base shall be 35 +/- 5 degree. Each
reflector shall have a CIL not less than
values specified in Table 2 of said
MORTH Circular. The strength of
detachment of the integrated cylindrical
shanks, (Of diameter not less than 19
+/- 2mm and height not less than 30+/-
2mm) from the body is to be a
minimum value of 500 kgf. Fixing will
be by drilling holes on the road for the
shanks to go inside, without nails and
using epoxy resin-based adhesive as
per manufacturers recommendation and
complete as directed by the Engineer.
The maker shall support a load of
13635 kg tested in accordance with
ASTM D4280 and confirming to IRC
35 - 2015 guidelines and MORTH
specification 804 etc.
Providing, fixing and erecting 50 mm
dia steel pipe railing in 3 rows duly
painted on medium weight steel
channels (ISMC series) 100 mm x 50
9.4 808 rmt 300 1938 581400
mm, 1.2 metres high above ground, 2
m centre to centre, complete as per
approved drawings (Pedestrian Guard
Rail)
Installation of solar powered amber
Market blinking lights with battery & solar
9.5 Nos 2 35000 70000
Rate panel including the cost of foundation,
material cost, Installation cost etc..
Total 3073798
Main Estimate
I - Civil Work
a) Foundation
Earhwork in excavation of
Foundation of structures as per
drawing and technical specification
including setting out, construction of
shoring and bracing, removal of stumps
1 Cu.m 2717.731 561.67 1526468
and other deleterious matter, dressing
of sides and bottom and backfilling
with approved mazdoorial complete as
per relevant MORT&H Specifications
cl: 301&304.
Plain Cement Concrete M15 Grade
using 40mm ISS size hard broken
granite metal including cost and
conveyance of all materials to site,cost
and labour charges for form work and
centering, labour charges for
2 Cu.m 54.954 5023.9 276083
compacting, curing and all incidental
charges etc., complete for
LEVELLING COURSE BELOW
FOOTINGS as per relevant
MORT&H Specifications cl:
1000&2100.
Vibrated Reinforced Cement Concrete
of grade M30 (Design Mix) using
20mm ISS size hard broken granite
metal including cost and conveyance
of all materials to site, cost and labour
charges for formwork, cost of soft
water, labour charges for mixing,
transporting, laying, compacting and
3 Cu.m 557.22 5246.16 2923265
curing, working at depths, Tools and
Plants and incidental charges such as
bailing out water, shoring, strutting
etc., complete for PEDESTALS
BELOW GROUND LEVEL,
PEDESTAL AND PLINTH BEAM as
per MORT&H specifications
Cl:1000,1500,1600 & 1700.
Supply and fabrication of HYSD
STEEL of grade Fe 500 D including
cost of steel, cost of fabrication, labour
charges for cleaning the rods,
straightening, cutting, bending, tying
grills, hoisting and placing the
4 reinforcement in position as specified MT 33.5 56253.2 1884482
in the drawing including cost of
binding wire, provision of spacer bars,
cover blocks and all other incidental
charges etc., complete for FOOTINGS
AND PEDESTALSupto ground level
as per relevant MORT&H
Page 169 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
Specifications Cl:1600.
b) SUBSTRUCTURE:
Supplying, fabricating and erection of
Structural Steel works (colomns) as
per detailled drawing and technical
specifications, comprising UB sections,
IS Channel sections, IS angles, plates,
tees, flats and other structural steel
sections including cutting, bending to
shape, welding and traffic
management, lighting, safety
arrangements, tools and plants etc.,
complete for SUBSTRUCTURE OF
FOOT OVER BRIDGE as per
relevant MoRTH Specifications
Cl:1900. The Contractor shall submit
the fabrication drawings for the work
invloved based on the construction
drawings ( issued by the department)
5 MT 25.224 66983.84 1689600
for approval by the Engineer- in -
charge before commencing the
fabrication works. Any changes
required in the fabrication drawings
shall be carried out at no extra cost.
Fabrication works shall be carried out
in a professional workmanship manner
and as provided in Section 17 of IS
800-2007. Welding shall be carried out
by qualified welders and electrodes for
welding, erection/hoisting shall
commence only after the approval of
pre fabricated parts by the Engineer-in-
charge. The procedure, selection, test
and inspection shall conform to the
provisions in IS 816, IS 818, IS 822 &
IS 823.
Supplying and fixing of M.S.
Foundation bolts & nuts of approved
quality for specified diameter and
length for connection of structural
members including plain/spring
6 kg 4750 141 669750
washers as per detailed drawing and
technical specifications etc., complete
and as directed by the Engineer-in-
charge as per relevant MoRTH
Specifications Cl:1900.
c) SUPERSTRUCTURE 0
Vibrated Reinforced Cement
Concrete of grade M35 (Design Mix)
using 20mm ISS size hard broken
7 granite metal including cost and Cu.m 183 7298.46 1335618
conveyance of all materials to site, cost
and labour charges for formwork, cost
of soft water, labour charges for
Page 170 of 174
RO-CHENNAI/ 2019-20/Maintenance Works/
Bid Document
mixing, transporting, laying,
compacting and curing, working at
depths, Tools and Plants and incidental
charges such as bailing out water,
shoring, strutting etc., complete for
DECK SLAB over decking sheet as
per MORT&H specifications
Cl:1000,1500,1600, 1700 and 2300.
Supply and fabrication of HYSD
STEEL of grade Fe 500 D including
cost of steel, cost of fabrication, labour
charges for cleaning the rods,
straightening, cutting, bending, tying
grills, hoisting and placing the
8 reinforcement in position as specified MT 14.64 57768.4 845729
in the drawing including cost of
binding wire, provision of spacer bars,
cover blocks and all other incidental
charges etc., complete for DECK
SLAB as per relevant MORT&H
Specifications Cl:1600.
Supplying, fabricating and erection of
Structural Steel works as per detailled
drawing and technical specifications,
comprising UB sections, IS Channel
sections, IS angles, plates, tees, flats,
pipe, tube sections and other structural
steel sections including cutting,
bending to shape, welding and traffic
management, lighting, safety
arrangements, tools and plants etc.,
complete for SUPERSTRUCTURE
OF FOOT OVER BRIDGE AND
SKYWALK as per relevant MoRTH
Specifications Cl:1900. The Contractor
shall submit the fabrication drawings
for the work invloved based on the
construction drawings ( issued by the
9 department) for approval by the MT 144.526 66983.84 9680906
Engineer- in -charge before
commencing the fabrication works.
Any changes required in the fabrication
drawings shall be carried out at no
extra cost. Fabrication works shall be
carried out in a professional
workmanship manner and as provided
in Section 17 of IS 800-2007. Welding
shall be carried out by qualified
welders and electrodes for welding,
erection/hoisting shall commence only
after the approval of pre fabricated
parts by the Engineer-in-charge. The
procedure, selection, test and
inspection shall conform to the
provisions in IS 816, IS 818, IS 822 &
IS 823.
Total 8,06,62,532
Signature of bidder
With seal and date
Mobile No
Fax No
E-mail id