RFP No.: NHAI/13013/547/CO/24-25/CB/Balgudar FP/E48300 dated 18.10.

2024

NATIONAL HIGHWAYS AUTHORITY OF INDIA

(MINISTRY OF ROAD TRANSPORT & HIGHWAYS)
GOVT. OF INDIA

NAME OF PROJECT: COLLECTION OF USER FEE THROUGH

FEE COLLECTING AGENCY ON THE BASIS OF COMPETITIVE
BIDDING ON E-TENDER BASIS AT BALGUDAR FEE
PLAZA AT KM 23.500 IN THE SECTION MOKAMA-MUNGER
(KM 1.430 TO KM 70.000) ON NH-80 IN THE STATE OF
BIHAR and upkeep/maintenance of adjacent Toilet
blocks including recouping the consumable items.

REQUEST FOR PROPOSAL (RFP)

[BID/ FINANCIAL BID & DRAFT CONTRACT AGREEMENT]
TABLE OF CONTENTS

S.No Contents Page

No
Disclaimer 3
1 Introduction 4
1.1 Background 4
1.2 Brief description of Bidding Process 5
1.3 Schedule of Bidding Process 6
1.4 Address for Communication 6

2 Instructions to Bidders 6
2.1 General Terms of Bidding 6
2.2 Eligibility of Bidders 7
2.3 Site visit and verification of information 7
2.4 Rejection of Bids 8
2.5 Clarifications and Amendments 8
2.6 Bid Due Date 8
2.7 Bid Validity 8
2.8 Late Bids 8
2.9 Bid Security 8
2.10 Performance Security 9
2.11 Assessment of User Fee Revenue& Restriction on place of collection of 9
User Fee
2.12 Handing over of Fee Plaza/ Booth and Toilet Blocks. 9
2.13 User Fee Rates 9
2.14 Remittance of Agreed Amount 10
2.15 Cost of Bidding 10

3 Evaluation of Bids 10
3.1 Opening and Evaluation of Bids 10
3.2 Tests of Responsiveness 10
3.3 Selection of Bidder 10
3.4 Contacts during Bid Evaluation 11
3.5 Period of Contract for User Fee Collection Rights 11
3.6 Signing of Contract; Taking over of Fee Plaza & Starting of user fee 12
collection
4 Fraud and Corrupt Practices 12
5 Miscellaneous 12
6 Integrity Pact 12

Appendix-1 : Format of Financial Bid 13

Appendix-2 : Form of Contract Agreement 14

Disclaimer
TheMODEL
information contained
REQUEST FOR in PPP
PROPOSAL FOR this Request for Proposal document (the “RFP”) or
PROJECTS
subsequently provided to Bidder(s), whether verbally or in documentary or in any other
form by or on behalf of the Authority or any of its employees or advisors, is provided to
Bidder(s) on the terms and conditions set out in this RFP and such other terms and
conditions subject to which such information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Authority to
the prospective Bidders or any other person. The purpose of this RFP is to provide
interested bidders with information that may be useful to them in making their financial
offers (Bids) pursuant to this RFP. This RFP includes statements, which reflect various
assumptions and assessments arrived at by the Authority in relation to the Project. Such
assumptions, assessments and statements do not purport to contain all the information
that each Bidder may require. This RFP may not be appropriate for all persons, and it is
not possible for the Authority, its employees or advisors to consider the investment
objectives, financial situation and particular needs of each party who reads or uses this
RFP. The assumptions, assessments, statements and information contained in the Bidding
Documents, may not be complete, accurate, adequate or correct. Each Bidder should,
therefore, conduct its own investigations and analysis and should check the accuracy,
adequacy, correctness, reliability and completeness of the assumptions, assessments,
statements and information contained in this RFP and obtain independent advice from
appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to
be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law. The Authority accepts no responsibility for
the accuracy or otherwise for any interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Applicant or Bidder under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or otherwise
for any loss, damages, cost or expense which may arise from or be incurred or suffered
on account of anything contained in this RFP or otherwise, including the accuracy,
adequacy, correctness, completeness or reliability of the RFP and any assessment,
assumption, statement or information contained therein or deemed to form part of this
RFP or arising in any way for participation in this Bid Stage.

The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP.

The Authority may in its absolute discretion, but without being under any obligation to
do so, update, amend or supplement the information, assessment or assumptions
contained in this RFP.

The issue of this RFP does not imply that the Authority is bound to select a Bidder or to
appoint the Selected Bidder or Contractor, as the case may be, for the Project and the
Authority reserves the right to reject all or any of the Bidders or Bids without assigning
any reason whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage, delivery
fees expenses associated with any demonstrations or presentations which may be
required by the Authority or any other costs incurred in connection with or relating to
its Bid. All such costs and expenses will remain with the Bidder and the Authority shall
not be liable in any manner whatsoever for the same or for any other costs or other
expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the
conduct or outcome of the Bidding Process.
 1. INTRODUCTION
1.1 Background

1.1.1 The National Highways Authority of India (the “Authority”) is engaged in development,
maintenance and management of National Highways and as part of this endeavor, the
Authority has decided to collect the User Fee through an agency (the “Contractor”) in
respect of Balgudar Fee Plaza at km 23.500 in the section Mokama-Munger (km 1.430 TO km
70.000) on NH-80 in the state of Bihar and upkeep/maintenance of adjacent Toilet blocks
including recouping the consumable items and has decided to invite the Financial Bids from
the pre-qualified bidders on e-tender basis for selection of the agency to whom the work of
User Fee Collection (the “Project”) may be awarded. Brief particulars of the Project are as
follows:

S. Description of Annual Potential Period of

No the Project Collection Collection
(1) (2) (3) (5)
Balgudar Fee Plaza at km Rs. 5.30 Crore Contract shall be for a period
23.500 in the section Mokama- of 1 (One) year or until the fee
Munger (km 1.430 TO km Rupees Five plaza is handed over to other
70.000) on NH-80 in the state Crore and Thirty user fee
of Bihar and Lakh only collection agency
upkeep/maintenance of
(OMT
adjacent Toilet blocks
including recouping the Concessionaire/BOT
consumable items Concessionaire, etc.) as per
directions issued by NHAI,
whichever is earlier.

1.1.2 Collection of User Fee shall be at the location mentioned above only. The Bidders
are advised to note this condition before bidding.

1.1.3 Annual Potential Collection (the “APC”) has been indicated in Clause 1.1.1 above.
The assessment of actual quantum of user fee collection, however, will have to be made by
the Bidders.

Category of Proportion in %
vehicle
1. Car, Jeep, Van or Light Motor Vehicle 46
2. Light Commercial Vehicle, Light Goods Vehicle or Mini
04
Bus
3. Bus or Truck (Two Axles) 19
4. Three Axle Commercial Vehicles 06
5. Heavy Construction Machinery (HCM) or Earth Moving
25
Equipment (EME) or Multi Axle Vehicle (MAV) ( Four to six axles
6. Oversized Vehicles (seven or more axles) 00
Total 100
1.1.4 Conditions for submitting the Financial Bid:
(a) The bidders who are in the list of the prequalified bidders hosted on the website of
NHAI, as per RFQ dated 01.01.2021 of NHAI, 1 day prior to the bid due date only are eligible
for submitting this financial bid in electronic form, subject to fulfillment of other
conditions. The bids received from the bidders not appearing in the list of the
prequalified bidders hosted on website of NHAI, 1 day prior to the bid due date, shall be
summarily rejected. As the pre-qualification process is open throughout (no last date), the
bidder(s) may get themselves pre-qualified and added in the list by submitting their
applications. The Authority will endeavor to examine the applications, announce the result
and update the list within 14 days from the date of receipt of the application.

(b) The person/ authorized signatory signing the Financial Bid in electronic form on
behalf of the bidder shall be same as the one appearing in the list mentioned at Clause (a)
above. In case a different person submits the bid, the bid shall be considered as non -
responsive.

(c) The financial bid shall be submitted only on e-portal (e-bid) and no document is
required to be submitted in physical form. To participate in the e-bid submission, it is
mandatory for the bidders to have user identification number & password (collectively
referred to as the “ID and Password”) which has to be obtained in the bidder’s own name
by registering/enrolling themselves on the NIC e-procurement portal
(http://etenders.gov.in). The registration on the NIC e-procurement portal is free of cost
and there is no tender processing fee. 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 bidding under this RFP.

1.1.5 Address of E-tender Service Provider of NHAI:

National Informatics Centre (NIC)- E-Mail: [email protected] Phone no.: +91-120-

4200462, Ph No: +91-120-4001002)

1.1.6 The financial bid and the draft contract are available for view and downloading from
the e-tender portal of NHAI (http://etenders.gov.in) by the Bidders without any cost.
However, the cost of Financial Bid/ RFP @ Rs.10,000/- per Financial Bid submitted by the
bidder, during the validity period of the prequalification (30.09.2020), shall be debited by
the Authority to the non-refundable fee deposited by the bidders with the Authority at the
time of submission of their application for prequalification, in accordance with the
procedure defined in the RFQ.

1.1.7 The financial bid can be downloaded from e-tender portal of NHAI
http://etenders.gov.in from 18.10.2024 to 01.11.2024 (11:00 Hrs.), i.e., bid due date.
The amendments/ clarifications to the financial bid/ RFP, if any, will be hosted on the NHAI
website/e-portal only.

1.1.8 The bidders are advised to upload their bids well in time, to avoid last minute rush
on the server or complications in uploading. In case of any problem in submission of the bid,
the Bidder may have the assistance of help desk (E-Mail: support- [email protected]; Phone no.:
+91-120-4200462, Ph No: +91-120-4001002) or use the help manual available on the
above website/e-portal. However, NHAI shall not be responsible for any type of problem(s)
encountered by any bidder including non-submission of the bid or failure to submit/ upload
the bid and the bidding process shall not be altered, in any case, on this account. NHAI shall
not entertain any complaint in this regard.
1.1.9 Online submission of the financial bid after the Bid Due Date and time shall not be
permitted. The time being displayed on e-portal of NHAI (”Standard Time”) shall be final
and binding on the bidder. Financial Bids are required to be submitted by the bidders, only
as per the Standard Time and not the time as per their location/country.

1.2 Brief Description of Bidding Process:

1.2.1 The bidding process is as given at Clause 1.2 of RFQ dated 01.01.2021 of NHAI.

1.2.2 The financial bid is invited for fee collection on the basis of highest quote offered by
the bidder for Annual Remittance. The Annual Remittance quoted shall constitute the sole
criteria for evaluation of bids. Subject to Clause 2.4, the work will be awarded to the Bidder
quoting the highest Annual Remittance. In this RFP, the term “Highest Bidder” shall mean
the Bidder who is offering the highest Annual Remittance.

1.2.3 Generally the Highest Bidder shall be the Selected Bidder. The remaining bidders
shall be kept in reserve and may, in accordance with the process specified in Clause 3 of
this RFP, be invited to match the Bid submitted by the Highest Bidder, in case such Highest
Bidder withdraws or is not selected for any reason. In the event that none of the other
Bidders match the Bid of the highest Bidder, the Authority may, in its discretion, either
invite fresh bids from the remaining bidders or annul the Bidding Process.

1.3 Schedule of Bidding Process: The following is the schedule:

Event Description Date

1. Bid due date 01.11.2024 at 11:00 Hrs.
2. Opening of bids 04.11.2024 at 11:30 Hrs.
3. Letter of Award (LOA) Within 30 days of bid due date
4. Submission of Performance Security by the Within 7 days from date of LOA
successful bidder
5. Signing of Contract Agreement Within 3 days from date of submission of
Performance Security.
6. Taking over of fee plaza and start of user Within 2 days of signing of Contract
fee collection by the Contractor Agreement

1.4 Address for Communication:

General Manager (CO)

National Highways Authority of India
G-5 & 6, Sector-10, Dwarka, New Delhi,
110075 Tel No. 25074100/200 Extn 1381
E mail : [email protected]
Website:http://www.nhai.gov.in
2. INSTRUCTIONS TO BIDDERS

2.1 General Terms of Bidding.

2.1.1 No Bidder shall submit more than one Bid for the project. A Bidder bidding
individually or as a member of a Consortium shall not be entitled to submit another bid
either individually or as a member of any other Consortium, as the case may be. In case of
violation of this clause, the bid shall be declared non-responsive.

2.1.2 All provisions in RFQ dated 01.01.2021 of NHAI shall apply mutatis mutandis to this
RFP. Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft Contract Agreement shall have overriding effect, provided however,
that any conditions or obligations imposed on the Bidder hereunder shall continue to have
effect in addition to its obligations under the Contract Agreement.

2.1.3 The Bids shall be submitted online in the format prescribed at Appendix-1, clearly
indicating the bid amount, in both figures and words, in Indian Rupees duly signed in
electronic form by the bidder’s authorized signatory [Ref. Clause 1.1.4(b)]. In the event of
any difference between figures and words, the amount indicated in words shall be taken
into account.

2.1.4 The Bid shall consist of Annual Remittance to be quoted by the Bidder payable to
the Authority on weekly basis as per terms and conditions of this RFP and provisions of the
Contract Agreement.

2.1.5 Any condition or qualification or any other stipulation contained in the bid shall
render the bid non-responsive.

2.1.6 The Bid and all communications in relation to or concerning the Bidding Documents
and the Bid shall be in English language.

2.1.7 The documents including RFQ dated 01.01.2021 of NHAI and this RFP and all attached
documents, provided by the Authority are and shall remain or becomes the property of the
Authority and are transmitted to the Bidders solely for the purpose of preparation and
submission of the Bid in accordance with this RFP. Bidders are to treat all information as
strictly confidential and shall not use it for any purpose other than for preparation and
submission of their Bid. The provisions of this Clause shall also apply mutatis mutandis to
Bids and all other documents submitted by the Bidders and the Authority will not return to
the Bidders any Bid, document or any information provided along therewith.

2.1.8 This RFP is not transferable.

2.1.9 Any award of work/ contract pursuant to this RFP shall be subject to terms of Bidding
Documents (RFQ, RFP & Draft Contract Agreement).

2.1.10 No bidder shall be entitled to submit bid for the fee collection if the bidder or any
of its constituent partner(s)/director(s) is engaged as System Integrator for the same
plaza.

2.2 Eligibility of Bidders: The net worth of the bidder determined as per Clause-2.1.2 of
RFQ dated 01.01.2021 of NHAI shall be more than the net worth of 10 % of APC given at
Clause-1.1.1 above at the close of the preceding Financial Year and the bidder shall have
positive net cash accruals during any two Financial Years out of the last three Financial
Years. The financial bids submitted by ineligible bidders shall be declared non-responsive.
 2.3 Site Visit and Verification of Information:

2.3.1 Bidders are encouraged to submit their respective bids after visiting the section/ fee
plaza/ booth and ascertaining for themselves the site conditions, traffic, locations,
surroundings, climate, condition/ facilities/ infrastructure including adjacent Toilet blocks
available at the fee plaza/ booth including availability of power, applicable laws and
regulations and any other matter considered relevant by them.

2.3.2 It shall be deemed that by submitting a Bid, the Bidder has:

(a) Made a complete and careful examination of the Bidding Documents;

(b) received all relevant information requested from the Authority;

(c) Accepted the risk of inadequacy, error or mistake in the information provided in the
Bidding Documents or furnished by or on behalf of the Authority relating to any of the
matters referred to in Clause 2.3.1 above;

(d) satisfied itself about all matters, things and information including matters referred
to in Clause 2.3.1 above necessary and required for submitting an informed Bid, carrying
out of the user fee collection and performance of all its obligations in accordance with the
Bidding Documents;

(e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of

information provided in the Bidding Documents or ignorance of any of the matters referred
to in Clause 2.3.1 hereinabove shall not be a basis for any claim for compensation, damages,
for performance of its obligation, loss of profits etc. from the Authority, or a ground for
termination of the Contract Agreement by the Contractor; and

(f) agreed to be bound by the undertakings provided by it under and in terms hereof.

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

2.4 Rejection of Bids:

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

2.4.2 The Authority reserves the right not to proceed with the Bidding Process at any time,
without notice or liability or assigning any reason and to reject any or all bids.

2.5 Clarifications and Amendments:

2.5.1 At least 14 days before the bid due date, the Bidders may seek clarifications and
make suggestions for consideration of the Authority (late clarifications/ suggestions shall
not be entertained by the Authority). Any queries or suggestions concerning the RFP shall
be submitted in writing by fax or e-mail to the officer designated in Clause 1.4 above. The
communication shall clearly bear the following identification/title:
 “RFP for Balgudar Fee Plaza (Bid Due Date 01.11.2024) - Queries/Suggestions”

The Authority shall endeavour to host on the website/ e-portal of NHAI, the clarifications
and such further information as it may, in its sole discretion, consider appropriate for
facilitating a fair, transparent and competitive Bidding Process.

2.5.2 At any time prior to the Bid Due Date, the Authority may for any reason, whether at
its own initiative or in response to clarifications requested by a Bidder, modify the RFP by
the issuance of an Addendum (Addenda) and the same shall be hosted on e-portal.

2.5.3 Any Addendum issued hereunder shall be binding on the bidders.

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

2.6 Bid Due Date:

2.6.1 Bids shall be submitted before 1100 hours (Standard Time) on the Bid Due Date at
the address provided in Clause 1.4, in the manner and in the form as detailed in this RFP.

2.6.2 The Authority may, in its sole discretion, extend the Bid Due Date by issuing an
Addendum in accordance with Clause 2.5.

2.7 Bid Validity: Bid shall remain valid for a period of 120 (One hundred and twenty) days
from and including the last date of submission of the Bid or for such extended period as is
mutually agreed upon.

2.8 Late Bids: Bids received by the Authority after the specified time on the Bid Due
Date shall not be eligible for consideration and shall be summarily rejected.

2.9 Bid Security: The Bid Security shall be an amount equivalent to 1% of APC given in
Clause 1.1.1 above or Rs.10,00,000/- whichever is higher and the provisions of Clause 2.4 of
RFQ dated 01.01.2021 of the Authority shall be applicable mutatis mutandis to this RFP/
Bid.

2.10 Performance Security

2.10.1 Within 7 (Seven) days from the date of issue of the LOA, the successful Bidder shall
furnish to the Authority the Performance Security consisting of

(a) a crossed account payee demand draft/pay order, amounting to Rs. /- (an
amount equal to 15 day’s agreed remittance) issued by a Scheduled Bank in India, drawn in
favour of the Authority and payable at New Delhi; and Besides crossed A/c. Payee DD/ Pay
Order, RTGS transfer of amount into NHAI Account [Canara Bank Current A/c.
No.8598201005819; IFSC Code: CNRB0008598] will also be accepted towards 50%
Performance Security, prescribed in this Clause, subject to confirmation by the remitting
banker about transfer of RTGS amount; and
(b) a Bank Guarantee as per the format prescribed by the Authority from any Nationalized
Indian Bank/State Bank of India or its subsidiaries/IDBI/ ICICI/Export Import Bank/Foreign
Bank with counter guarantee from any Nationalized Indian Bank or State Bank of India or its
subsidiaries/any RBI approved Scheduled Commercial Bank having net worth of more than
Rs. 500 Crore (Rupees Five Hundred Crores) from its Indian Operations for Rs…………………….
/- (an amount equal to 15 day’s agreed remittance), valid for a period of 14
(Fourteen) months from the Date of LOA for due observance of the terms and conditions
contained herein and the performance of its obligations as per the Contract to be entered
into for 1 (one) year. The Bidder is at liberty to submit a crossed account payee demand
draft/pay order issued by a Scheduled Bank in India in lieu of the Bank Guarantee.

2.10.2 The Performance Security shall be forfeited and appropriated by the Authority as
mutually agreed genuine pre-estimated compensation and as damages payable to the
Authority for inter-alia, time, cost and effort of the Authority, without prejudice to any
other right or remedy that may be available to the Authority hereunder, or otherwise, under
the following circumstances :

(a) if the successful Bidder fails to sign the Contract;

(b) in case the Selected Bidder having signed the Contract Agreement commits any
breach thereof.

2.10.3 In case the existing agency becomes H-1 and is awarded the plaza, the existing
agency will have an option to deposit the differential performance security (i.e.,
performance security as per new award (-) performance security already deposited for the
existing contract) and submit required amendments in the BG subject to condition that
there are no dues/outstanding against the agency as on date of issue of LOA. An undertaking
on a non-judicial stamp paper of Rs 100 shall be furnished by the agency in this regard and
if the undertaking is found to be wrong/misrepresenting or there is outstanding against the
agency as on date of LOA, the agency shall be summarily placed in abeyance from the list
of pre-qualified bidders for a period of 6 months.

2.11 Assessment of User Fee Revenue and Restriction on Place of Collection of User
Fee:

(i) The Bidder is advised to visit the User Fee Collection section, plaza(s) and/or
booth(s), make an assessment of the User Fee Revenue based on its own estimation at its
own responsibility and expense and may obtain any other information from its own sources
that may be required by the Bidder for preparing the Bid and entering into the Contract for
collection of User Fee. The Authority does not guarantee extent of User Fee Revenue during
the contract period.

(ii) The Bidder recognizes the fact that there are number of lateral entries to the section
of the National Highway for which User Fee is to be collected. The Successful Bidder shall
not be entitled to (a) close and/or (b) demand closure by any authority whatsoever, of any
such entry. Thus, the Bidder recognizes that all fee paying traffic may not pass through the
User Fee Collection booth or plaza.

(iii) During the contract period, the successful Bidder shall not ask for collection from
any other place, for whatever reason. Under all circumstances, User Fee Collection shall be
only from the place specifically provided in the RFP.
2.12 Handing over of Fee Plaza/ Booth: The Authority will hand over the Fee Plaza/
Booth including adjacent Toilet blocks including recouping the consumable items and nearby
operating Highway nest mini, if exists, to the Contractor in the condition as existing on 7
days prior to Submission End Date on ‘as is where basis’ is. The Contractor shall carry out
upgradation/provide necessary facilities as required, to discharge his duties.

2.13 User Fee Rates: User Fee Rates applicable and chargeable on different categories
of vehicles are given in Schedule-I to the Contract.

2.14 Remittance of Agreed Amount: The User Fee shall be collected by the Successful
Bidder and the agreed amount [refer Para H of preamble & clause 5 of the contract] shall
be remitted to the Authority on weekly basis, latest by Tuesday of every week by
way of demand draft/pay order/RTGS, drawn in favour of the National Highway
Authority of India, payable at PIU- Munger

2.15 Cost of Bidding: The Bidders shall be responsible for all of the costs associated with
the preparation of their Bids and their participation in the Bidding Process. The Authority
shall not be responsible or in any way liable for such costs, regardless of the conduct or
outcome of the Bidding Process.

3. EVALUATION OF BIDS

3.1 Opening and Evaluation of Bids:

3.1.1 Opening and evaluation of Bids will be done through online process. The Authority
shall open online received bids at 11:30 hrs. on the Bid Due Date, in the presence of Bidders
who chose to attend. The Authority will examine and evaluate the Bids in accordance with
the provisions set out in this Section-3.
3.1.2. To facilitate evaluation of bids, the Authority may, at its sole discretion, seek
clarifications in writing from any Bidder regarding its Bid.

3.1.3 Correction of Errors:

Bids determined to be substantially responsive will be checked and corrected by the

Authority for any discrepancy as follows:

“Where there is any discrepancy between the amounts in figures and in words, the
amount in words shall prevail.”

The amount stated in the Bid shall be adjusted by the Authority 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 will be forfeited.

3.2 Tests of Responsiveness: Prior to opening of financial quotes in various bids,

the Authority shall determine whether each Bid is responsive to the requirements of
this RFP [Ref. Clause 1.1.4(a) & (b); 2.1.1; 2.1.5; 2.1.10; and 2.2]. The financial
quotes of the responsive bids shall only be opened by the Authority.

3.3 Selection of Bidder:

3.3.1 Subject to the provisions of Clause 2.4, the Bidder who offers the highest Annual
Remittance offered to the Authority, shall be declared as the Selected Bidder (the “Selected
Bidder”). In the event that the Authority rejects or annuls all the Bids, it may, in its
discretion, invite all eligible Bidders to submit fresh Bids hereunder.
3.3.2 In the event that two or more Bidders quote the same amount of Annual Remittance,
(the “Tie Bidders”), the Authority shall identify the Selected Bidder by draw of lots, which
shall be conducted, with prior notice, in the presence of the Tie Bidders who choose to
attend.

3.3.3 In the event that the Highest Bidder withdraws or is not selected for any reason
in the first instance (the “first round of bidding”), the Authority may invite all the remaining
Bidders to revalidate or extend their respective Bid Security, as necessary, and match the
Bid of the aforesaid Highest Bidder (the “second round of bidding”). If in the second round
of bidding, only one Bidder matches the Highest Bidder, it shall be the Selected Bidder. If
two or more Bidders match the said Highest Bidder in the second round of bidding, then
the Bidder whose Bid was higher as compared to other Bidder(s) in the first round of
bidding shall be the Selected Bidder. For example, if the third and fifth highest Bidders in
the first round of bidding offer to match the said Highest Bidder in the second round of
bidding, the said third highest Bidder shall be the Selected Bidder.

3.3.4 In the event that no Bidder offers to match the Highest Bidder in the second round
of bidding as specified in Clause 3.3.3, the Authority may, in its discretion, invite fresh Bids
(the “third round of bidding”) from all Bidders except the Highest Bidder of the first round
of bidding, or annul the Bidding Process, as the case may be. In case the Bidders are invited
in the third round of bidding to revalidate or extend their Bid Security, as necessary, and
offer fresh Bids, they shall be eligible for submission of fresh Bids provided, however, that
in such third round of bidding only such Bids shall be eligible for consideration which are
higher than the Bid of the second highest Bidder in the first round of bidding.

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

3.3.6 After acknowledgement of the LOA as aforesaid and submission of Performance

Security by the Selected Bidder, it shall cause the Contractor to execute the Contract
Agreement within the period prescribed in Clause 1.3. The Selected Bidder shall not be
entitled to seek any deviation, modification or amendment in the Contract Agreement.

3.4 Contacts during Bid Evaluation

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

3.5 Period of Contract for User Fee Collection Rights:

3.5.1 The Contract for User Fee Collection rights including upkeep/maintenance of
adjacent Toilet blocks including recouping the consumable will normally be for one year
However, in case of certain stretches going for BOT/OMT/TOT/Four Year Tolling Contractor
Projects, the Authority reserves the right to reduce the period of Contract without any
compensation and in such cases of early termination of contract, the total amount payable
by the Contractor to the Authority will be proportionately modified depending upon the
period.
3.5.2 The Authority reserves the right to increase the contract period upto three more
months.

3.5.3 In case of BOT (Annuity) stretches the initial period of User Fee collection contract
shall also be one year with same remittance (except the increase/ decrease in remittance
due to revision in user fee rates by the Authority).

3.6 Signing of Contract; Taking over of Fee Plaza & Starting of user fee collection:

After submission of the Performance Security, the successful bidder shall be required to sign
the contract in the form of contract prescribed herein (Appendix-2) within 3 (Three) days
from the date of submission of the Performance Security and after signing the contract, the
successful bidder shall be required to take over the fee plaza including adjacent Toilet
blocks and start the user fee collection and upkeep/maintenance of adjacent Toilet blocks
including recouping the consumable items within 2(Two) days of date of signing the Contract
or within the date as may be prescribed by the Authority in LOA. Within 28 days of the date
of signing of contract or within such period as provided in the applicable law, whichever is
shorter, the successful Bidder shall, if required, have the same engrossed, have the correct
Stamp Duty adjudicated by the Inspector General of Registrations, New Delhi and return the
same duly signed and executed to the Authority, as per the terms of Contract, unless
exempted by any law for the time in force. Successful Bidder’s failure to sign the Contract,
take over the fee plaza and start user fee collection within the period stipulated above shall
result in forfeiture of the Performance Security.

4. FRAUD AND CORRUPT PRACTICES

The provisions as per Clause 3 of RFQ dated 01.01.2021 of the Authority shall be applicable
mutatis mutandis for this RFP/ Bid.

5. MISCELLANEOUS

The provisions as per Clause 4 of RFQ dated 01.01.2021 of the Authority shall be applicab le
mutatis mutandis for this RFP/ Bid.

6. INTEGRITY PACT

The provisions as per Clause 5 of RFQ dated 01.01.2021 of the Authority shall be applicable
mutatis mutandis for this RFP/ Bid.