REQUEST FOR PROPOSAL

FOR

[WORK OF SLOPE PROTECTION AND LAND-SLIDE

MITIGATION MEASURES ON YUPIA – HOJ – POTIN
SECTION, LOCATIONS AT KM 26.685, KM 28.380 ON
NH-713A & KM 30.600, KM 35.495 AND KM 39.503
ON NH-13 IN THE STATE OF ARUNACHAL PRADESH
UNDER NH(O) ANNUAL PLAN 2025-26]

ON

ENGINEERING, PROCUREMENT & CONSTRUCTION

(EPC) MODE

MINISTRY OF ROAD TRANSPORT & HIGHWAYS

(MORT&H)

2025

1
 TABLE OF CONTENTS

S. Contents Page No.

No.
Notice inviting RFP 4
Disclaimer 5
Glossary 6
1 Introduction 7
1.1 Background 7
1.2 Brief description of Bidding Process 8
1.3 Schedule of Bidding Process 10

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

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

C Preparation and Submission of BIDs 27

2.10 Format and Signing of BID 27
2.11 Documents comprising Technical & financial BID 27
2.12 BID Due Date 29
2.13 Late BIDs 29
2.14 Procedure of e-tendering 29
2.15 Online opening of Bids 31
2.16 Rejection of BIDs 31
2.17 Validity of BIDs 31
2.18 Confidentiality 31
2.19 Correspondence with the Bidder 32
D BID Security 32
2.20 BID Security 32

2
 3 Evaluation of Technical and Opening & Evaluation of 35
financial Bids
3.1 Evaluation of Technical BIDs 35
3.2 Opening and Evaluation of financial Bids 36
3.3 Selection of Bidder 36
3.4 Contacts during BID Evaluation 37
3.5 Correspondence with the Bidder 37
4 Fraud and Corrupt Practices 38
5 Pre-BID Conference 39
6 Miscellaneous 40
Appendices
IA Letter comprising the Technical BID 41
IB Letter comprising the Financial BID 45
II Bank Guarantee for BID Security 59
III Format for Power of Attorney for signing of BID 62
IV Format for Power of Attorney for Lead Member of Joint
64
Venture
V Format for Joint Bidding Agreement for Joint Venture 66
VI Integrity Pact Format 71
VII Form of Bank Guarantee (For Performance Security) 77
VIII Format of LOA 80
Annexure of Appendix 1A
I Details of Bidder
II Technical Capacity of the Bidder
III Financial Capacity of the Bidder
IV Details of Eligible Project
V Statement of legal capacity
VI Information required to Evaluate the Bid capacity
VII Guidelines of the Department of Disinvestment
VIII Details of ongoing Works

3
MINISTRY OF ROAD TRANSPORT & HIGHWAYS THROUGH PWD ARUNACHAL
PRADESH
Notice Inviting Bid

Tender Reference No. RW/NH-713A& NH-13/Tender/25-26/01 Dated 23/07/2025

RFP for [Work of slope protection and land-slide mitigation measures on

Yupia – Hoj – Potin section locations at Km 26.685, Km 28.380 on NH-713A &
km 30.600, Km 35.495 and Km 39.503 on NH-13 in the state of Arunachal
Pradesh]

The Ministry of Road Transport & Highways through [PWD ARUNACHAL PRADESH]
is engaged in the development of National Highways and as part of this
endeavour, it has been decided to undertake [Work of slope protection and
land-slide mitigation measures on Yupia – Hoj – Potin section locations at Km
26.685, Km 28.380 on NH-713A & km 30.600, Km 35.495 and Km 39.503 on
NH-13 in the state of Arunachal Pradesh) to Intermediate Lane on EPC mode
in the State of Arunachal Pradesh] through an Engineering, Procurement and
Construction (EPC) Contract.

The Ministry of Road Transport & Highways represented by its RO(MoRTH)-

Itanagar now invites bids from eligible contractors for the following project:
Name of Work of slope protection and land-slide mitigation measures on
work Yupia – Hoj – Potin section locations at Km 26.685, Km 28.380
on NH-713A & km 30.600, Km 35.495 and Km 39.503 on NH-13
in the state of Arunachal Pradesh.
State NH Length Estimated cost Completion Maintenance
No. (excluding GST) period period
Arunachal 713A
- ₹ 80,75,03,585 12 months 10 years
Pradesh & 13

The complete BID document can be viewed / downloaded from official portal of
the CPPP website https://eprocure.gov.in/eprocure/app from 23/07/2025 to
06/09/2025 (upto 11:00 hours IST). Bidder must submit its Financial bid and
Technical Bid at https://eprocure.gov.in/eprocure/app (upto 11:00 hours IST
on 06/09/2025). Bids received online shall be opened on 08/09/2025 (at 11:00
hours IST).

Bid through any other mode shall not be entertained. However, Bid Security,
document fee, Power of Attorney for signing the bid, POA for lead member of
JV and Joint Bidding Agreement, Integrity Pact and experience certificates
apostille at foreign origin, if any etc. and other documents specified in clause
2.11.2 of RFP shall be submitted physically by the Bid winner before issuance of
Letter of Acceptance (LOA) by the Authority. Please note that the Ministry
4
reserves the right to accept or reject all or any of the BIDs without assigning any
reason whatsoever.

Regional Officer, Itanagar

Ministry of Road Transport and Highways
e-mail: [email protected]

5
 DISCLAIMER

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

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

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

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

The Authority also accepts no liability of any nature whether resulting from negligence
or otherwise howsoever caused arising from reliance of any Bidder upon the
statements contained in this RFP. The Authority may in its absolute discretion, but
6
without being under any obligation to do so, update, amend or supplement the
information, assessment or assumptions contained in this RFP.

The issue of this RFP does not imply that the Authority is bound to select a Bidder or
to appoint the Selected Bidder JV or Contractor, as the case may be, for the Project
and the Authority reserves the right to reject all or any of the Bidders or BIDs
without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation
and submission of its BID including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which
may be required by the Authority or any other costs incurred in connection with or
relating to its BID. All such costs and expenses will remain with the Bidder and the
Authority shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation or submission of the BID,
regardless of the conduct or outcome of the Bidding Process.

7
 GLOSSARY

Agreement As defined in Clause 1.1.4

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

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

8
9
 MINISTRY OF ROAD TRANSPORT & HIGHWAYS THROUGH PWD ARUNACHAL
PRADESH

SECTION 1

INTRODUCTION
1.1 Background

1.1.1 The Ministry of Road Transport & Highways represented by DG(RD)&SS (the
“Authority”) is engaged in the development of National Highways and as
part of this endeavour, the Authority has decided to undertake Work of
slope protection and land-slide mitigation measures on Yupia – Hoj – Potin
section locations at Km 26.685, Km 28.380 on NH-713A & km 30.600, Km
35.495 and Km 39.503 on NH-13 (the “Project”) through an Engineering,
Procurement and Construction (the “EPC”) Contract, and has decided to
carry out the bidding process for selection of a Bidder to whom the Project
may be awarded. A brief description of the project may be seen in the
Information Memorandum of the Project at the CPPP website
https://eprocure.gov.in/eprocure/app. Brief particulars of the Project are
as follows:
Name of Work of slope protection and land-slide mitigation measures
work on Yupia – Hoj – Potin section locations at Km 26.685, Km
28.380 on NH-713A & km 30.600, Km 35.495 and Km 39.503
on NH-13 in the state of Arunachal Pradesh.
State NH Length Estimated cost Completion Maintenance
No. (excluding GST) period period
Arunachal 713A
- ₹ 80,75,03,585 12 months 10 years
Pradesh & 13

1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing,
engineering, procurement and construction of the Project under and in
accordance with the provisions of an engineering, procurement and
construction contract (the “EPC Contract”) to be entered into between the
Contractor and the Authority in the form provided by the Authority as part of
the Bidding Documents pursuant hereto. The Contractor shall also be
responsible for the maintenance of the project during the Defect Liability
Period. The scope of work will broadly include Work of slope protection and
land-slide mitigation measures on Yupia – Hoj – Potin section locations at
Km 26.685, Km 28.380 on NH-713A & km 30.600, Km 35.495 and Km
39.503 on NH-13 on EPC mode in the State of Arunachal Pradesh and
maintenance of the Project during the Defect Liability Period, which shall be
10 years.

10
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been
specified in the clause 1.1.1 above. The assessment of actual costs, however,
will have to be made by the Bidders.

1.1.4 The Agreement sets forth the detailed terms and conditions for award of the
project to the Contractor, including the scope of the Contractor’s
services and obligations.

1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with
the terms set forth in this RFP and other documents to be provided by the
Authority pursuant to this RFP (collectively the "Bidding Documents"), and
all BIDs shall be prepared and submitted in accordance with such terms on
or before the BID due date (As mentioned in NIT) for submission of BIDs (the
“BID Due Date”).

1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a single stage two-part system (referred to as
the "Bidding Process") for selection of the Bidder for award of the
Project. Under this process, the bid shall be invited under two parts.
Eligibility and qualification of the Bidder will be first examined based on
the details submitted under first part (Technical Bid) with respect to
eligibility and qualifications criteria prescribed in this RFP (the “Bidder”,
which expression shall, unless repugnant to the context, include the
members of the Joint Venture). The Financial Bid under the second part
shall be opened of only those Bidders whose Technical Bids are responsive
to eligibility and qualifications requirements as per this RFP.

[GOI has issued guidelines (see Annexure VII of Appendix-1A of RFP) for
qualification of Bidders seeking to acquire stakes in any public sector
enterprise through the process of disinvestment. These guidelines shall
apply mutatis mutandis to this Bidding Process. The Authority shall be
entitled to disqualify any Bidder in accordance with the aforesaid guidelines
at any stage of the Bidding Process. Bidders must satisfy themselves that they
are qualified to bid, and should give an undertaking to this effect in the form
at Appendix-IA].

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

1.2.3 The complete Bidding Documents including the draft Agreement for the
Project is enclosed for the Bidders. The Feasibility Report / Detailed Project
Report prepared by the Authority/ consultants of the Authority (the
"Feasibility Report/Detailed Project Report") is also enclosed. The
Feasibility Report / Detailed Project Report of the Project is being
11
 provided only as a preliminary reference document by way of assistance to
the Bidders who are expected to carry out their own surveys, investigations
and other detailed examination of the Project before submitting their Bids.
Nothing contained in the Feasibility Report/Detailed Project Report shall be
binding on the Authority nor confer any right on the Bidders, and the
Authority shall have no liability whatsoever in relation to or arising out
of any or all contents of the Feasibility Report/Detailed Project Report. The
aforesaid documents and any addenda issued subsequent to this RFP
Document, will be deemed to form part of the Bidding Documents. However,
Feasibility Report / Detailed Project Report prepared by the Authority/
consultants of the Authority (the "Feasibility Report/Detailed Project
Report") is not required in case of maintenance works like PR/HIPR to be
taken on EPC mode.

1.2.4 A Bidder is required to submit, along with its BID, a BID Security of (mentioned
at clause 2.11.1 of this RFP) (the “BID Security”), refundable not later than 150
(One hundred & fifty) days from the BID Due Date, except in the case of the
Selected Bidder whose BID Security shall be retained till it has provided a
Performance Security and Additional Performance Security (if any) as per the
provision of this RFP and LOA. BID Security shall be submitted in the form of
Insurance Surety Bond, Account Payee Demand Draft, Banker’s Cheque or
Electronic Bank Guarantee (e-Bank Guarantee). The Insurance Surety Bond shall
be verified from the specific portal created for this purpose. The e - Bank
Guarantee shall be transmitted through SFMS Gateway to NHAI/MORTH/State
PWD/ NHIDCL/BROs Bank. [UIN of RO,Itanagar,M/oRTH for issuance of E-BG
is NCMGR2476D]. The Bidders shall also submit copy of online receipt of
payment towards Cost of Tender Document of (mentioned at clause 2.11.1 of
this RFP)) through Bharat Kosh Portal (www.bharatkosh.gov.in) in favour of
“Regional Pay & Accounts Officer, Ministry of Road Transport and Highway,
Guwahati” (PAO Code: 034921, DDO Code: 202119).

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

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

12
 In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting
the lowest BID price.

1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such
Lowest Bidder withdraws or is not selected for whatsoever reason except the
reason mentioned in Clause 2.1.12 (b) (4) & Clause 3.3.1, the Authority shall
annul the Bidding Process and invite fresh BIDs.

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

1.2.9 Any queries or request for additional information concerning this RFP shall
be submitted by e-mail to the officer designated in Clause 2.11.4 below
with identification/ title: "Queries / Request for Additional Information: RFP
for****- Project".

1.2.10 A Bidder is required to submit, along with its technical BID, a self- certification
that the item offered meets the local content requirement for ‘Class - | local
Supplier’ / ‘Class - II local Supplier’, as the case may be. The self-certification
shall also have details of the location(s) at which the local value addition is
made. In case, bidder has not submitted the aforesaid certification the bidder
will be treated as ‘Non- Local Supplier’.
In the above pretext, the Class - | Local Supplier, Class - II Local Supplier and
the Non- Local Supplier are defined as under:
(i) ‘Class - 1 local Supplier’ means a supplier or service Provider, whose goods,
services or works offered for procurement, meets the minimum local content
as prescribed for ‘Class - I local Supplier’ under this RFP. The ‘local content’
requirement to categorize a supplier as ‘Class - | local Supplier’ is minimum
50%.
(ii) ‘Class - Il local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content
as prescribed for ‘Class - II local Supplier’ under this RFP. The ‘local content’
requirement to categorize a supplier as ‘Class - II local Supplier’ is minimum
20%.
(iii) ‘Non - local Supplier’ means a supplier or service provider, whose goods,
services or works offered for Procurement, has local content less than that
prescribed for ‘Class – II local supplier’ under this RFP.
(iv)‘Local content’ means the amount of value added in India which shall be the
total value of item procured (excluding net domestic indirect taxes) minus the
value of imported content in the item (including all customs duties) as a
proportion of the total value, in percent

In case of procurement for a value in excess of Rs. 10 crores, the ‘Class - |

local supplier’/ ‘Class - Il local supplier’ shall provide a certificate from the
statutory auditor or cost auditor of the company (in case of companies) or

13
 from a Practicing cost accountant or practicing chartered accountant (in
respect of suppliers other than companies) giving the percentage of local
content.

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Sl.
No.
Event Description Date Date
Wednesday,
1 Invitation of RFP (NIT) [NIT publish date]
23 July, 2025
Monday, 18
2 Last date for receiving queries [27thday from the date of NIT]
August, 2025
Monday, 18
3 Pre-BID meeting [27thday from the date of NIT]
August, 2025
Authority response to queries latest Thursday, 21
4 [30thday from the date of NIT]
by August, 2025
Saturday, 6
Last date of Request for BID
5
Document
[46thday from date of NIT] September,
2025
Saturday, 6
6 BID Due Date [46thday from date of NIT] September,
2025
Physical Submission of originals
Bid Security, POA for signing the
Bid, POA for lead member of JV, if Before issuance of Letter of Acceptance (LOA)
any, JBA for JV, if any, Integrity to the Lowest Bidder by the Authority However,
Pact, and experience certificates while submitting Bid Security via Account Payee
apostille at foreign origin, if any, demand draft or Banker’s Cheque, it is to be
7
and other documents as specified ensured by the Bidder that Account Payee
demand draft or Banker’s Cheque are submitted
physically latest within 5 working days of the Bid
in clause 2.11.2, by the Lowest Due Date (upto 11:00 hours).
Bidder

Monday, 8
8 Opening of Technical BIDs [48th day from date of NIT] September,
2025
Declaration of eligible / qualified
9 Shall be notified by the Authority
Bidders
10 Opening of Financial BID Shall be notified by the Authority
11 Letter of Acceptance (LOA) Shall be notified by the Authority
Return of signed duplicate copy of
12 Next day of issuance of LOA
LOA
13 Validity of BID 120 days from BID Due Date

14
 Within 30 days of receipt of LOA. (The bidder
Submission of Performance has the option to provide 50% of PS and APS, if
14 Security (PS) and Additional any within 30 days of receipt of LOA and the
Performance Security (APS), if any remaining PS and APS, if any to be provided
within 30 days of signing of agreement)

Within 10 days from the receipt of 50% of

15 Signing of Agreement Performance Security and 50% of Additional
Performance Security, if any

15
 SECTION-2
INSTRUCTIONS TO BIDDERS

A. GENERAL
2.1. General terms of Bidding

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

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

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

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

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

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

2.1.6 In case the Bidder is a Joint Venture, the Members thereof should furnish a
Power of Attorney in favour of the Lead Member in the format at Appendix-
16
 IV. And joint bidding agreement in the format at Appendix-V

2.1.7 Any condition or qualification or any other stipulation contained in the BID
shall render the BID liable to rejection as a non-responsive BID.

2.1.8 The BID and all communications in relation to or concerning the

Bidding Documents and the BID shall be in English language.

2.1.9 This RFP is not transferable.

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

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

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

(b) subject to the provisions of clause (a) above, the Bid should contain
the information required for each Member of the Joint Venture;

(c) Members of the Joint Venture shall nominate one member as the lead
member (the “Lead Member”). Lead Member shall meet at least 60%
requirement of Bid Capacity, Technical and Financial Capacity,
required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3. The nomination(s)
shall be supported by a Power of Attorney, as per the format at
Appendix-III, signed by all the other Members of the Joint Venture.
Other Member(s) shall meet at least 20% requirement of Bid Capacity,
Technical and Financial Capacity required as per Clause 2.2.2.1,
2.2.2.2(i) & 2.2.2.3 and the JV as a whole shall
cumulatively/collectively fulfil the 100% requirement; Provided
further that, In the case of a Joint Venture (JV), each member is
required to hold a minimum of 26% (twenty six percent) in the JV.;

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

(e) the Lead Member shall itself undertake and perform at least 51 (fifty-
one) per cent of the total length of the Project Highway,

(f) members of the Joint Venture shall have entered into a binding Joint
Bidding Agreement, substantially in the form specified at Appendix V
(the “Jt. Bidding Agreement”), for the purpose of making the
17
 Application and submitting a Bid in the event of being pre-qualified.
The Jt. Bidding Agreement, to be submitted along with the
Application, shall, inter alia:

(i) convey the commitment(s) of the Lead Member in accordance with

this RFP, in case the contract to undertake the Project is awarded
to the Joint Venture; and clearly outline the proposed roles &
responsibilities, if any, of each member;
(ii) commit the approximate share of work to be undertaken by each
member conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint
Venture shall be liable jointly and severally for all obligations of
the Contractor in relation to the Project until the Defect Liability
Period is achieved in accordance with the EPC Contract; and

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

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

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

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

(b) Further, where the LoA of a project has been issued to an agency, not
covered under the category mentioned above, and it subsequently wishes
to transfer its share capital in favour of another entity who is a resident
outside India or where a Bidder or its Member is controlled by persons
resident outside India and thereby the equity capital of the transferee
entity exceeds 50% or above, any such transfer of equity capital shall be
with the prior approval of the competent authority from national security
and public interest perspective as per the instructions of the Government
of India applicable at such point in time.
18
 (2) The holding or acquisition of equity control, as above shall include
direct or indirect holding, acquisition, including by transfer of the direct or
indirect legal or beneficial ownership or control, by persons acting for
themselves or in concert and in determining such holding or acquisition,
the Authority shall be guided by the principles, precedents and definitions
contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 2011, or any substitute
thereof, as in force on the date of such acquisition.

(3) The Bidder shall promptly inform the authority of any change in the
shareholding, as above, and failure to do so shall render the Bidder liable
for disqualification from the Bidding process.

(4) In case the L-1 Applicant under (a) above is denied the security
clearance, for whatsoever reasons, then the applicants emerging as L-2, L-3
eligible Bidders (in that order) may be given a counter-offer (one by one
sequentially) to match the bid of L-1 applicant/preferred Bidder. In the
event of acceptance of the counter-offer by another eligible Bidder, the
project may be awarded to such Bidder. In case no applicant matches the
bid of the L-1 applicant, the bid process shall be annulled and fresh bids
invited.

2.1.13 Notwithstanding anything to the contrary contained herein, in the event

that the Bid Due Date falls within three months of the closing of the latest
financial year of a Bidder, it shall ignore such financial year for the
purposes of its Bid and furnish all its information and certification with
reference to the 5 (five) years or 1 (one) year, as the case may be,
preceding its latest financial year. For the avoidance of doubt, financial
year shall, for the purposes of a Bid hereunder, mean the accounting year
followed by the Bidder in the course of its normal business.

2.1.14 The Bidder, including an individual or any of its Joint Venture member,
should neither be a non-performing party on the date of opening of tender
nor on the date of issue of Letter of Acceptance (LoA).

In case, any debarred/declared non-performer firm submits the bid, the

same will be ignored. In case such firm is lowest (L-1), next lowest firm
shall be considered as L1. Bid Security submitted by such
debarred/declared non-performer firms shall be returned to them.

Debarment/ declaration as non-performer of a particular firm shall

automatically extend to all its allied firms. In case of a joint venture/
consortium is debarred, all partners/ members shall stand debarred for the
entire period.

19
The Bidder, including any Joint Venture Member, shall be deemed to be a
nonperforming party if it attracts any or more of the following conditions in
any of its ongoing or completed projects:

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

(ii) Fails to mobilize key construction equipment within a period of 4
months from the Appointed Date
(iii) Fails to complete or has missed any milestone and progress not
commensurate with contiguous unencumbered project length/ROW
available even after lapse of 6 months from respective project
milestone/Schedule Completion date, unless Extension of Time has
been granted due to Authority’s Default or Force Majeure;
(iv) Fails to achieve progress commensurate with funds released from
Escrow Account (Equity + Debt +Grant) in BOT or HAM project and
variation is more than 25% in the last 365 days;
(v) Fails to achieve the target progress or complete the project as per
schedule agreed at the time of sanctioning of funds under One Time
Funds Infusion (OTFI) or relaxations to contract conditions to improve
cash flow solely on account of Concessionaire’s failure/default;
(vi) Fails to complete rectification (excluding minor rectifications) as per
time given in non-conformity reports (NCR) in design/completed
works/maintenance or reported in Inspection Reports issued by Quality
Inspectors deployed by the Authority or Officers of the Authority
(vii) Fails to complete minor rectifications exceeding 3 instances in a
project as per time given in non-conformity reports (NCR) in
design/completed works/maintenance
(viii) Fails to fulfill its obligations to maintain a highway in a satisfactory
condition in spite of two rectification notices issued in this regard.
(ix) Damages/penalties recommended by Independent/Authority’s
Engineer during O&M Period and remedial works are still not taken up;
(x) Fails to complete Punch list items even after lapse of time for
completion of such items excluding delays attributable to the
Authority;
(xi) Occurrence of minor failure of structures/highway due to construction
defect wherein no casualties are reported (casualties include injuries
to human being/animals)
(xii) Occurrence of major failure of structures/highway due to construction
defect wherein no casualties are reported (casualties include injuries
to human being/animals);
(xiii) Occurrence of major failure of structures/highway due to construction
defect leading to loss of human lives besides loss of reputation etc. of
the authority;
(xiv) Fails to make premium payments excluding the current instalment in
one or more projects;

20
 (xv) Fails to achieve financial closure in two or more projects within the
given or extended period (which shall not be more than six months in
any case);
(xvi) Fails to submit the Performance Security within the permissible time
period in more than one project;
(xvii) Rated as an unsatisfactory performing entity/non-performing
entity by an independent third-party agency and so notified on the
website of the Authority;
(xviii) Failed to perform for the works of Expressways, National
Highways, ISC & EI works in the last 2 (two) years, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitral award against the Bidder, including
individual or any of its Consortium/JV Member, as the case may be;
(xix) Expelled from the contract or the contract terminated by the Ministry
of Road Transport & Highways or its implementing agencies for breach
by such Bidder, including individual or any of its Consortium/JV
Member; Provided that any such decision of expulsion or termination
of contract leading to debarring of the Bidder from further
participation in bids for the prescribed period should have been
ordered after affording an opportunity of hearing to such party.
(xx) Fails to start the works or causes delay in maintenance &
repair/overlay of the project.

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

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

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

(ii) details of updated on-going process of blacklisting if so, under any

contract with Authority / Government; and

(iii) details of all their on-going projects in the format at Annexure-VIII of

Appendix IA (Ref Clause 10.3 (iv) of Draft EPC Agreement).

The Authority reserves the right to reject an otherwise eligible Bidder

on the basis of the information provided under this clause 2.1.14. The
decision of the Authority in this case shall be final.

21
2.1.15 All Orders of Ministry of Finance/DPIIT/any other Government agencies, as
applicable and prevalent on the date of LOA, shall be applicable.

2.1.16 Entities of countries which have been identified by Ministry of Road

Transport & Highways as not allowing Indian companies to participate in their
Government procurement for any item related to Ministry of Road Transport
& Highways shall not be allowed to participate in Government procurement
in India for all items related to Ministry of Road Transport & Highways,
except for the list of items published by the Ministry of Road Transport &
Highways permitting their participation.
2.2. Eligibility and qualification requirements of Bidder

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

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

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

(i) the Bidder, its Joint Venture Member (or any constituent thereof) and
any other Bidder, its Member or any Member of its Joint Venture
thereof (or any constituent thereof) have common controlling
shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the direct or indirect
shareholding of a Bidder, or its Joint Venture Member thereof (or any
shareholder thereof having a shareholding of more than 5% (five
percent) of the paid up and subscribed share capital of such Bidder, or
its Joint Venture Member, as the case may be), in the other Bidder, its
Joint Venture Member is less than 5% (five percent) of the subscribed
and paid up equity share capital thereof; provided further that this
disqualification shall not apply to any ownership by a bank, insurance
company, pension fund or a public financial institution referred to in
section 4A of the Companies Act 1956. For the purposes of this Clause
22
 2.2.1(c), indirect shareholding held through one or more intermediate
persons shall be computed as follows: (aa) where any intermediary is
controlled by a person through management control or otherwise, the
entire shareholding held by such controlled intermediary in any other
person (the “Subject Person”) shall be taken into account for
computing the shareholding of such controlling person in the Subject
Person; and (bb) subject always to sub-clause (aa) above, where a
person does not exercise control over an intermediary, which has
shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be undertaken
on a proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the
shareholding of such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary; or

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

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

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

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

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

(d) For determining the eligibility of Bidder from a country which shares a land
border with India the following shall apply:
(i) Any Bidder from a country which shares a land border with India will be eligible
to bid, only if the Bidder is registered with the Competent Authority, specified
in Annexure I of Order (Public Procurement No. 1) issued by Ministry of Finance,
Department of Expenditure Public Procurement Division vide F. No. 6/18/2019-
PPD, dated 23rd July 2020, which shall form an integral part of RFP and DCA
(Copy enclosed)
23
(ii) "Bidder from a country which shares a land border with India" means:
a) An entity incorporated, established or registered in such a country, or
b) A subsidiary of an entity incorporated, established, or registered in such a
country; or
c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country;
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A Consortium or joint venture where any member of the consortium or
joint venture falls under any of the above.
(iii) “Beneficial owner for the purpose of (ii) above means:
1. In case of a company or Limited Liability Partnership, the beneficial
owner is the natural person(s), who, whether acting alone or together, or
through one or more judicial person, has a controlling ownership interest
or who exercises control through other means.
Explanation:
a. Controlling ownership interest" means ownership of or entitlement to
more than twenty-five per cent of shares or capital or profits of the
company.
b. "Control" shall include the right to appoint majority of the directors
or to control. the management or policy decisions including by virtue
of their shareholding or management rights or shareholding
agreements or voting agreements.
2. In case of a partnership firm, the beneficial owner is the natural person
(s) who, whether acting alone or together, or through one or one or more
juridical person: has ownership of entitlement to more than fifteen
percent of capital or profits of the partnership.
3. In case of an unincorporated association or body of individuals, the
beneficial owner is the natural person(s), who, whether acting atone or
together, or through one or more juridical person, has ownership of or
entitlement to more than fifteen percent of the property or capital or
profits of such association or body of individual.
4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position of
senior managing official.
5. In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries
with fifteen percent or more interest in the trust and any other natural
person exercising ultimate effective control over the trust through a
chain of control of ownership.

24
 (iv) An Agent is a person employed to do any act for another, or to represent
another in dealings with third person.
(v) The Selected Bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a Land border with India unless such
contractor is registered with the Competent Authority. The definition of
"contractor from a country which shares a land border with India" shall be as in
Clause 2.2.1(d)(ii) above.
Certificate regarding Compliance:
A certificate on the letterhead of the Bidder shall be required to be submitted by
the bidders certifying the following:
“I have read the clause regarding restrictions on procurement from a bidder
of a country which shares a land border with India and on sub-contracting to
contractors from such countries; I certify that this bidder is not from a
country or, if from such a country, has been registered with the Competent
Authority as defined in Public Procurement Order no. F.no.6118/2019- PPD
dated 23rd July 2020. I hereby certify that this bidder fulfils all requirements
in this regard and is eligible to be considered.”
It may be noted that in case the above certification is found to be false, this would
be a ground for immediate rejection of Bid/termination and further legal action in
accordance with law.

Validity of Registration:
In respect of RFP, registration should be valid at the time of submission of bids and
at the time of acceptance of bids. If the Bidder was validly registered at the time of
acceptance, registration shalt not be a relevant consideration during contract
execution.

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

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

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

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

invited.

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

bonus received, if any, in respect of EPC Projects executed in any
one year during the last five years (updated to the price level of the
year indicated in table at Note-3 below) taking into account the
25
 completed as well as works in progress. The EPC projects include
turnkey project/ Item rate contract/ Construction works.

B = Value (updated to the price level of the year indicated in table at

Note-3 below) of existing commitments, works for which the bidder
has emerged as the winner of the bids or on-going works to be
completed during the period of completion of the works for which
BID is invited. For the sake of clarification, it is mentioned that
works for which bidder has emerged as the winner of the bids, but
LOA has not been issued as on the day before opening the financial
bids shall also be considered while calculating value of B.

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

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

2. The amount of bonus received, if any, in EPC Projects should be

countersigned by the Client or its Engineer-in-charge not below the rank
of Executive Engineer or equivalent in respect of EPC Projects.

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

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

Up-dation 1.00 1.05 1.10 1.15 1.20
factor

4. The Bid capacity status of the bidder to be updated as on the day before
opening the financial bids.

2.2.2.2 Technical Capacity

(i) For demonstrating technical capacity and experience (the

“Technical Capacity”), the Bidder shall, over the past [5

26
 (five)]financial years preceding the Bid Due Date, have received
payments for construction of Eligible Project(s), or has undertaken
construction works by itself in a PPP project, such that the sum
total thereof, as further adjusted in accordance with clause 2.2.2.5
(i) & (ii), is more than the “Threshold Technical Capacity”
mentioned as below:
Particular Amount (in Rs.) In Words

Threshold ₹ 60,56,27,689 Sixty Crore Fifty-Six

Technical Lakh Twenty-Seven
Capacity Thousand Six
Hundred Eighty-Nine

(ii) For normal Highway projects (including Major

Bridges/ROB/Flyovers/Tunnels):

Provided that at least either of the following:

(i) Two similar completed works costing not less than amount equal
to 25% each of estimated cost.
Or
(iii) One similar completed work costing not less than amount equals to
35% each of estimated cost

[Similar work cost as in table below] shall have been completed from
the Eligible Projects in Category 1 and/or Category 3 specified in
Clause 2.2.2.5. Certificate(s) from the concerned client(s) shall be
required for the same. In case the claimed project /(s) are
subcontracting/ JV project in such a case Approval from Govt.
Authority / Client is required (restricted to allowable sub-contracting
limit/ JV share in original contract).
For this purpose, a project shall be considered to be completed, if
more than 90% of the value of work has been completed and such
completed value of work is equal to or more than the above-
mentioned criteria in the last 5 (five) financial years preceding the
Bid Due Date or till the Bid Due Date.
The Similar work must include the following items: -
(a) Installation of Self Drilling Hollow Soil/Rock Anchors in
hilly/mountainous terrain
(b) Application of High Tensile Rolled Cable Net in hilly/ mountainous
terrain.

Eligible projects shall include following:

(a) Widening/reconstruction/up-gradation works on
NH/SH/Expressway or on any category of road taken up under CRF,
ISC/EI, SARDP, LWE in hilly/mountainous terrain

27
(b) Widening/reconstruction/up-gradation works on MDRs with loan
assistance from multilateral agencies or on BOT basis in
hilly/mountainous terrain
(c) Widening/reconstruction/up-gradation work of roads in Municipal
corporation limits, construction of Bypasses in hilly/mountainous
terrain
(d) Construction of stand-alone bridges, ROBs, tunnels in
hilly/mountainous terrain
(e) Construction/reconstruction of linear projects like airport runways
(f) Viaducts of Railways/Metro
(g) Container yard of ports
Particulars Amount (in Rs.) In Words

Two Similar ₹ 20,18,75,896 Twenty Crore Eighteen

work each Lakh Seventy Five Eight
costing Hundred Ninety Six

One similar ₹ 28,26,26,255 Twenty Eight Crore

work costing Twenty Six Lakh Twenty
Six Thousand Two
Hundred Fifty Five

Provided further that at least 1 similar work shall have been

completed from eligible projects in Category 1 and/or Category 3
specified in clause 2.2.2.5 that involved construction of hill road in
at least 5 km length having 2 lane carriageway configurations. For
this purpose, the work of formation building along with hill and
valley side slope protection work shall have been completed in 5
km length. The details of project(s) clamed under Hill Road Criteria
shall be furnished as per Annexure-IVA of Appendix IA.

If any Major Bridge/ROB/Flyover/Tunnel is (are) part of the

project, then the Bidder shall necessarily demonstrate additional
experience in construction of Major Bridge/ROBs/Flyovers/Tunnel
in the last 7 (Seven) financial years preceding the Bid Due Date or
till the Bid Due Date. i.e. shall have completed at least one similar
Major Bridge/ROB/Flyover/Tunnel of following sizes:
(a) In case, longest span of Bridge/ROB/flyover is less than or
equal to 60 m, no additional qualification is required
(b) When longest span is more than 60 m: 80% of the longest span
or 100 m, whichever is less, of the structure proposed in this
project and 40% of the length of Major bridge/ROB/Flyover or
2km, whichever is less, of the structure proposed in this
project.

28
 And in case of tunnel, if any, shall have completed construction of
at least one tunnel consisting of single or twin tubes (including
tunnel(s) for roads/Railway/Metro rail/irrigation/hydro-electric
projects etc.) having at least
(a) In case Tunnel is a part of project having length less than or
equal to 200 m, then no additional qualification is required.
(b) when length of tunnel more than 200 m: 80% of the cross-
sectional area of proposed tunnel or two-lane highway tunnel
cross-sectional area, whichever is less and 40% length of the
tunnel to be constructed (other than cut and cover method) in
this project or 2 km, whichever is less.

(iii) For Stand-alone specialized projects:

(a) Major Bridges/ROB/Flyovers projects:

The sole Bidder or in case the Bidder being a Joint Venture, Lead
member of Joint Venture shall have completed at least one similar
Major Bridge/ROB/Flyover project in the last 7 (seven) financial years
preceding the Bid Due Date or till the bid due date, having span
equal to or greater than 80% of the longest span or 100m whichever is
less of the structure proposed in this project and 40% of the length
Major Bridge/ RoB/ flyover or 2 km, whichever is less and also the
cost of such similar project shall be alteast

i. two similar completed works length not less than or equals to 25%
each of cost of the Major Bridges/ROB/Flyovers.

or

ii. one similar completed work length not less than equals to 35% of
cost of the Major Bridges/ROB/Flyovers.

For this purpose, a project shall be considered to be completed, if

more than 90% of the value of work has been completed and such
completed value of work is equal to or more than the above-
mentioned criteria. Certificate(s) from the concerned client(s) shall
be required for the same. In case the claimed project /(s) are
subcontracting/ JV project in such a case Approval from Govt.
Authority / Client is required (restricted to allowable sub-contracting
limit/ JV share in original contract).

(b) Tunnel project: The sole Bidder or in case the Bidder being a Joint
Venture, Lead member of Joint Venture shall have completed at least
one tunnel project in the last 7 (seven) financial years preceding the
29
 Bid Due Date or till the Bid Due Date, consisting of single or twin
tubes (including tunnel(s) for roads/Railway/Metro
rail/irrigation/hydro-electric projects etc.) having at least 80% of the
cross-sectional area of the tunnel to be constructed other than Cut &
Cover method or cross sectional area of 2 lane highway tunnel,
whichever is less, and 40% length of the tunnel to be constructed in
this project or 2 km, whichever is less and the cost of such project
shall be at least

i. two similar completed works length not less than equals to 25% each
of estimated cost of the tunnel.

or

ii. one similar completed work length not less than equals to 35% of
estimated cost of the tunnel.

For this purpose, a project shall be considered to be completed, if

more than 90% of the value of work has been completed and such
completed value of work is equal to or more than the above-mentioned
criteria. Certificate(s) from the concerned client(s) shall be required for
the same. In case the claimed project /(s) are subcontracting/ JV project
in such a case Approval from Govt. Authority / Concessionaire is required
(restricted to allowable sub-contracting limit/ JV share in original
contract).

(iv) The updation factor to update the price of the eligible projects
for the year indicated in table below:

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

Up-dation 1.00 1.05 1.10 1.15 1.20
factor

2.2.2.3 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth (the “Financial
Capacity”) of [as mentioned below] at the close of the preceding
financial year.
Particulars Amount (in Rs.) In words

Minimum net worth ₹ 4,03,75,179 Four Crore Three Lakh

Seventy Five Thousand
One Hundred Seventy
Nine

30
 (ii) The Bidder shall have a minimum Average Annual Turnover
(updated to the price level of the year based on factors indicated in
table below of [as mentioned below] for the last 5 (five) financial years.

Particulars Amount (in Rs.) In words

Minimum Average ₹ 16,15,00,717 Sixteen Crore Fifteen

Annual Turnover Lakh Seven Hundred
Seventeen

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

Up-dation 1.00 1.05 1.10 1.15 1.20
factor

2.2.2.4 In case of a Joint Venture:

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

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

2.2.2.5 Categories and factors for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 2.2.2 the following categories of
experience would qualify as Technical Capacity and eligible experience
(the "Eligible Experience") in relation to eligible projects as stipulated
in Clauses 2.2.2.6 (i) & (ii) (the "Eligible Projects"). In case the Bidder
has experience across different categories, the experience for each
category would be computed as per weight of following factors to arrive
at its aggregated Eligible Experience:
Category Project / Construction experience on Eligible Factors
Projects
1 Project in highways sector that qualify under 1

31
 Clause 2.2.2.6 (i)
2 Project in core sector that qualify under 0.70
Clause 2.2.2.6 (i)
3 Construction in highways sector that qualify under 1
Clause 2.2.2.6 (ii)
4 Construction in core sector that qualify under 0.70
Clause 2.2.2.6 (ii)

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

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

(iii) For the purpose of this RFP:

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

expressways, bridges, tunnels, runways, Viaducts of Railways/
Metro, Container yard of ports and
(b) core sector would be deemed to include civil construction cost
of power sector, commercial setups (SEZs etc.), airports,
industrial parks/ estates, logistic parks, pipelines, irrigation,
water supply, sewerage, stadium, hospitals, hotel, smart city,
warehouses/silos, oil and gas and real estate development.
Core sector will also include the projects with the title of RIDF,
PMGSY road, link road, city roads, rural road,
sector/municipality road, real estate projects which
demonstrate road development/construction bridges or
culverts, Performance-Based Maintenance Contracting work
(PBMC), O&M work, Short Term Maintenance Contract
(STMC), railways (construction/re-construction of railway
tracks, etc.) metro rail and ports (including construction/re-
construction cost of Jetties, any other linear infrastructure
including bridges etc.).

(iv) In case of projects executed by applicant under category 3 and 4 as

a member of Joint Venture, the project cost should be restricted
to the share of the applicant in the joint venture for determining
eligibility as per provision under clause 2.2.2.2. In case Statutory
Auditor certifies that, the work of other member(s) is also
executed by the applicant, then the total share executed by
applicant can be considered for determining eligibility as per
provision under clause 2.2.2.2.
(v) Maintenance works are not considered as eligible project for
evaluation as per Instruction No.6 to Annex-IV. As such works with
nomenclature like PR, OR, FDR, SR, site/micro grading, surface
32
 renewal, resurfacing work, Tarring, B.T. surface work, temporary
restoration, urgent works, periodic maintenance, repair &
rehabilitation, one time maintenance, permanent protection work
of bank, external pre stressing, repair of central hinge, short term
OMT contract of NHAI, any type of work related to border fencing,
work of earthwork alone, construction of buildings/ hostels, etc.,
or not specified, shall not be considered. However, such
maintenance works shall be considered as eligible projects in case
of Maintenance works to be taken up on EPC mode.
(vi) The works such as Improvement in Riding Quality work (IRQP/IRQ),
shall be considered for Technical Capacity [2.2.2.2 (i)] but not for
similar completed works [2.2.2.2 (ii) and 2.2.2.2 (iii)]. However,
such work shall be considered for similar completed works [2.2.2.2
(ii)] in case of Maintenance works to be taken up on EPC mode.
(vii) In case both the estimated cost of project and revised cost of
project are provided, the revised cost of project shall be
considered for evaluation.

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

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

2:
(a) It should have been undertaken as a PPP project on BOT, BOLT,
BOO, BOOT or other similar basis for providing its output or
services to a public sector entity or for providing non-
discriminatory access to users in pursuance of its charter,
concession or contract, as the case may be. For the avoidance of
doubt, a project which constitutes a natural monopoly such as an
airport or port should normally be included in this category even
if it is not based on a long-term agreement with a public entity;
(b) the entity claiming experience should have held, in the company
owning the Eligible Project, a minimum of 26% (twenty six per
cent) equity during the entire year for which Eligible Experience
is being claimed;
(c) the capital cost1 of the project should be more than 10% of the
amount specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five)
financial years preceding the Bid Due Date, have itself
undertaken the construction of the project for an amount equal
to at least one half of the Project Cost of eligible projects,
excluding any part of the project for which any contractor, sub-
contractor or other agent was appointed for the purposes of
construction.

33
 [capital cost1 :The actual capital cost of the project (i.e. without
escalation) shall be considered for the evaluation.]

(ii) For a project to qualify as an Eligible Project under Categories 3 and

4, the Bidder should have received payments from its client(s) for
construction works executed, fully or partially, or work executed and
certified by the Engineer-in-charge/Independent Engineer/Authority’s
Engineer during the 5 (five) financial years immediately preceding the
Bid Due Date, and only the amounts (gross) actually received/ work
executed, during such 5 (five) financial years shall qualify for
purposes of computing the Experience Score. However, receipts2 of or
work executed amount less than [Minimum receipt of work] shall not
be reckoned as receipts for Eligible Projects. For the avoidance of
doubt, construction works shall not include supply of goods or
equipment except when such goods or equipment form part of a turn-
key construction contract / EPC contract for the project. Further, the
cost of land and also cost towards pre-construction activities (like
shifting of utilities etc.) shall not be included hereunder.
Particulars Amount (in Rs.) In words

Minimum ₹ 4,03,75,179 Four Crore Three Lakh

receipt of work Seventy Five Thousand One
Hundred Seventy Nine

[receipts2: The actual payment receipt (i.e. without escalation) shall

be considered for the evaluation]

(iii) The Bidder shall quote experience in respect of a particular Eligible

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

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

2.2.2.7 Submission in support of Technical Capacity

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

(ii) The Bidder must provide the necessary information relating to

Technical Capacity as per format at Annex-II of Appendix-IA.

34
 (iii) The Bidder should furnish the required Project-specific information
and evidence in support of its claim of Technical Capacity, as per format
at Annex -IV of Appendix-IA.

2.2.2.8 Submission in support of Financial capacity

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

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

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

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

(ii) Certificate(s) from its statutory auditors specifying the net worth of
the Bidder, as at the close of the preceding financial year, and also
specifying that the methodology adopted for calculating such net
worth conforms to the provisions of this Clause 2.2.2.9 (ii). For the
purposes of this RFP, net worth (the “Net Worth”) shall mean the
aggregate value of the paid-up share capital and all reserves created
out of the profits and securities premium account, after deducting the
aggregate value of the accumulated losses, deferred expenditure and

$
In case duly certified audited annual financial statements containing explicitly the requisite details are provided,
a separate certification by statutory auditors would not be necessary in respect of Clause 2.2.2.9 (i). In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Applicant may provide the certificates required under this RFP.

35
 miscellaneous expenditure not written off, as per the audited balance
sheet, but does not include reserves created out of revaluation of
assets, write-back of depreciation and amalgamation.

2.2.2.10 Deleted.

2.3 Proprietary data

All documents and other information supplied by the Authority or submitted by
a Bidder to the Authority shall remain or become the property of the Authority
and are transmitted to the Bidders solely for the purpose of
preparation and the submission of a BID in accordance herewith. Bidders are
to treat all information as strictly confidential and shall not use it for any
purpose other than for preparation and submission of their Bid. The provisions
of this Clause 2.3 shall also apply mutatis mutandis to BIDs and all other
documents submitted by the Bidders, and the Authority will not return to the
Bidders any BID, document or any information provided along therewith.

2.4 Cost of Bidding

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

2.5 Site visit and verification of information

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

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

(a) made a complete and careful examination of the Bidding Documents,
Schedules annexed to EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information
provided in the Bidding Documents or furnished by or on behalf of the
Authority relating to any of the matters referred to in Clause 2.5.1 above.
No claim shall be admissible at any stage on this account.
(d) satisfied itself about all matters, things and information including
matters
referred to in Clause 2.5.1 hereinabove necessary and required for

36
 submitting an informed BID, execution of the Project in accordance
with the Bidding Documents and performance of all of its obligations
thereunder;
(e) acknowledged and agreed that inadequacy, lack of completeness or
incorrectness of information provided in the Bidding Documents or
ignorance of any of the matters referred to in Clause 2.5.1
hereinabove shall not be a basis for any claim for compensation,
damages, extension of time for performance of its obligations, loss of
profits etc. from the Authority, or a ground for termination of the
Agreement by the Contractor;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and in
terms hereof.

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

2.6 Verification and Disqualification

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

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

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

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

Such misrepresentation/ improper response shall lead to the disqualification

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

2.6.3 In case it is found during the evaluation or at any time before signing of
the Agreement or after its execution and during the period of defect liability
37
 subsistence thereof, that one or more of the eligibility and /or qualification
requirements have not been met by the Bidder, or the Bidder has made
material misrepresentation or has given any materially incorrect or false
information, the Bidder shall be disqualified forthwith if not yet appointed as
the contractor either by issue of the LOA or entering into of the
Agreement, and if the Selected Bidder has already been issued the LOA or
has entered into the Agreement, as the case may be, the same shall,
notwithstanding anything to the contrary contained therein or in this RFP, be
liable to be terminated, by a communication in writing by the Authority to
the Selected Bidder or the Contractor, as the case may be, without the
Authority being liable in any manner whatsoever to the Selected Bidder or
the Contractor. In such an event, the Authority shall be entitled to forfeit
and appropriate the BID Security or Performance Security, as the case
may be, as Damages, without prejudice to any other right or remedy
that may be available to the Authority under the Bidding Documents
and / or the Agreement, or otherwise.

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

B. DOCUMENTS

2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as
listed below, and will additionally include any Addenda issued in

38
 accordance with Clause 2.9.

Part –I

Invitation for BIDs

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

Appendices
IA. Letter comprising the Technical BID including Annexure I to VII
IB. Letter comprising the Financial BID
II. Bank Guarantee for BID Security
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA
IX. Certificate regarding Compliance with Restrictions under Rule
144 (xi) of the General Financial Rules (GFRs)
X. Surety Bond for Bid Security
XI. FORM OF SURETY BOND (For Performance Security/Additional
Performance Security)

Part –II
Agreement Document with schedules

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

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

2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in
writing by e-mail in accordance with Clause 1.2.9. They should send in their
queries on or before the date mentioned in the Schedule of Bidding
Process specified in Clause 1.3. The Authority shall endeavour to respond to
the queries within the period specified therein, but no later than 15 (fifteen)

39
 days prior to the BID Due Date. The responses will be sent by fax or e-mail.
The Authority will forward all the queries and its responses thereto, to all
Bidders without identifying the source of queries.

2.8.2 The Authority shall endeavour to respond to the questions raised or

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

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

2.9 Amendment of RFP

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

2.9.2 Any Addendum issued hereunder will be hosted on the GoI e-Tendering
Portal (https://eprocure.gov.in/cppp).

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

40
C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

2.10.1 The Bidder shall provide all the information sought under this RFP.
The Authority will evaluate only those BIDs that are received online in the
required formats and complete in all respects. However, Bid Security, POA for
signing the Bid, POA for lead member of JV, if any, JBA for JV, if any, Integrity
Pact, and experience certificates apostile at foreign origin, if any shall be
submitted physically in original by the Lowest Bidder (including all of its joint
venture members) before issuance of Letter of Acceptance (LOA) by the
Authority. However, while submitting Bid Security via Account Payee demand
draft or Banker’s Cheque, it is to be ensured by the Bidder that Account Payee
demand draft or Banker’s Cheque are submitted physically latest within 5
working days of the Bid Due Date (upto 11:00 hours). Lowest Bidder (including
all of its Joint Venture Members) failing to submit the original documents
required as per above shall be unconditionally debarred from bidding in NH
projects for a period of 5 years.

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

2.11 Documents comprising Technical and Financial BID

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

The Bidder shall then apply for the RFP on the CPPP website
https://eprocure.gov.in/eprocure/app by submitting the documents
mentioned below along with the supporting documents which shall comprise
of the Technical BID on the CPPP portal:

Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure
I-VI and supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-
III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as
per the format at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
(e) Deleted
41
(f) BID Security [amount as mentioned below] in the form of Insurance
Surety Bond (in the format at Appendix – X issued by Insurance
Company authorized by Insurance Regulatory and Development
Authority of India), Account Payee Demand Draft, Banker’s Cheque or
e - Bank Guarantee (in the format at Appendix-II from a Scheduled
Bank)

(g) Copy of Online receipt of payment towards Cost of Tender Document of

[amount as mentioned below] through Bharat Kosh Portal
(www.bharatkosh.gov.in) in favour of “Regional Pay & Accounts
Officer, Ministry of Road Transport and Highway, Guwahati” (PAO
Code: 034921, DDO Code: 202119);
(h) Deleted;
(i) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH-37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its
subsequent amendments if any, issued by MoRT&H (Appendix-VI)
regarding Integrity Pact (IP) and the Integrity Pact (IP) duly signed
by Authorised signatory shall be submitted by the Bidder with the
RFP Bid & shall be part of the Contract Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-
(b) above that they agree and abide by the Bid documents uploaded
by MoRT&H/NHAI and amendments uploaded, if any; and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing project
works (Ref Clause 10.3 (iv) of Document for EPC Agreement).
(l) copy of Memorandum and Articles of Association, if the Bidder is a
body corporate, and if a partnership then a copy of its partnership
deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of
each member (in case of Joint Venture) for preceding 5 years.
(n) Copy of originals of experience certificates apostille at foreign origin,
if any
(o) Certificate regarding Compliance with Restrictions under Rule 144 (xi)
of the General Financial Rules (GFRs) as per format given in Appendix-
IX shall be submitted by the Bidder with the RFP Bid duly signed by
Authorized signatory & shall be part of the Contract Agreement; and
(p) Copy of Registration from the Competent Authority as defined in
Public Procurement Order No. F. No. 6/18/2019-PPD dated 23rd July
2020, if applicable (to be submitted by the “Bidder from a country
which shares a land border with India”)
Particular Amount (in Rs.) In words
BID Security ₹ 80,75,036 Eighty Lakh Seventy
Five Thousand Thirty
Six
Cost of Tender ₹ 10,000 Ten Thousand
Document
42
 Financial Bid
(n) Appendix-IB (Letter comprising the Financial Bid) shall be submitted
online through e-procurement portal on or before Bid Due Date and
Time.
Self-Certification
Self- certification by the Bidder that its Bid meets the Local Content
requirement for ‘Class - I Local supplier’/ ‘Class - II Local supplier’, as
the case may be. The Self certification shall also have details of the
location(s) at which the local value addition is made. In case, bidder
do not submit the aforesaid Certification, the bidder will be summarily
treated as ‘Non Local Supplier’. In case of procurement for a value in
excess of Rs. 10 crores, the ‘Class - I Local supplier’/ ‘Class - II Local
supplier’ shall have to provide a Certificate from the Statutory Auditor
or Cost Auditor of the Company (in case of Companies) or from a
practicing Cost Accountant or practicing Chartered Accountant (in
respect of Suppliers other than Companies) giving the percentage of
Local Content upon Construction of the Project.

2.11.2 The Lowest Bidder shall be required to submit original of documents listed
below (before issuance of Letter of Acceptance (LOA) by the Authority)
physically:

(a) Appendix-IA (Letter comprising the Technical Bid)

(b) Appendix-IB (Letter comprising the Financial BID)
(c) Annex-V Statement of Legal Capacity
(d) Original Power of Attorney for signing the BID as per format at Appendix-III;
(e) if applicable, Original Power of Attorney for Lead Member of Joint Venture
as per the format at Appendix-IV;
(f) if applicable, Original Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
(g) BID Security in the form of Insurance Surety Bond (in the format at Appendix
– IX issued by Insurance Company authorized by Insurance Regulatory and
Development Authority of India), Account Payee Demand Draft, Banker’s
Cheque or e - Bank Guarantee (in the format at Appendix-II from a
Scheduled Bank).
(h) Copy of Online receipt of payment towards Cost of Tender through Bharat
Kosh Portal (www.bharatkosh.gov.in) in favour of “Regional Pay & Accounts
Officer, Ministry of Road Transport and Highway, Guwahati” (PAO Code:
034921, DDO Code: 202119;.
(i) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH-37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its
subsequent amendments if any issued by MoRT&H (Appendix-VI)
regarding Integrity Pact (IP) and the Integrity Pact (IP)duly signed by
Authorised signatory shall be submitted by the Bidder with the RFP
43
 Bid & shall be part of the Contract Agreement; and
(j) An undertaking from the person having PoA referred to in Sub.
Clause-(a) above that they agree and abide by the Bid documents
uploaded by MoRT&H/NHAI and amendments uploaded, if any
(k) if applicable, experience certificates apostille at foreign origin
(l) Certificate regarding Compliance with Restrictions under Rule 144 (xi)
of the General Financial Rules (GFRs) as per format given in
Appendix-IX shall be submitted by the Bidder with the RFP Bid duly
signed by Authorized signatory & shall be part of the Contract
Agreement; and
(m) Proof of Registration with the Competent Authority as defined in
Public Procurement Order No. F. No. 6/18/2019-PPD dated 23rd July
2020, if applicable (to be submitted by the “Bidder from a country
which shares a land border with India”)

While submitting Bid Security and Performance Security via Account Payee
demand draft or Banker’s cheque, it is to be ensured by the bidder that
Account Payee demand draft or Banker’s cheque are submitted physically
latest within 5 working days of the Bid Due Date (upto 11: 00 hours) to the
following address placed in a sealed envelope and bearing the
identification “Work of slope protection and land-slide mitigation
measures on Yupia – Hoj – Potin section locations at Km 26.685, Km
28.380 on NH-713A & km 30.600, Km 35.495 and Km 39.503 on NH-
13 in the state of Arunachal Pradesh.” [Address: Regional Office, House
No.522, Milan Nagar, Gutlung, Tezpur, Assam-784001]. Else the bid
submitted will be rejected.

2.11.3 The documents listed at clause 2.11.2 shall be placed in an envelope, which
shall be sealed. The envelope shall clearly bear the identification “BID for
the Work of slope protection and land-slide mitigation measures on Yupia
– Hoj – Potin section locations at Km 26.685, Km 28.380 on NH-713A & km
30.600, Km 35.495 and Km 39.503 on NH-13 in the state of Arunachal
Pradesh.” and shall clearly indicate the name and address of the Bidder. In
addition, the BID Due Date should be indicated on the right hand top corner
of the envelope.

2.11.4 The envelope shall be addressed to the following officer and shall be
submitted at the respective address:
ATTN. OF: : Sri Subash Chandra
DESIGNATION : Regional Offier-Itanagar
ADDRESS: : Regional Office, House No.522,
Milan Nagar (Gutlung) Tezpur,
Assam-784001
E-MAIL ADDRESS : [email protected]

44
2.11.5 If the envelope is not sealed and marked as instructed above, the
Authority assumes no responsibility for the misplacement or
premature opening of the contents of the BID submitted and
consequent losses, if any, suffered by the Bidder.

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

2.12 BID Due Date

Financial BID comprising of the documents listed at clause 2.11.1 of
the RFP shall be submitted online through e-procurement CPPP website
https://eprocure.gov.in/eprocure/app on or before (Date & time as
mentioned in NIT) Documents listed at clause 2.11.2 of the RFP shall
be physically submitted at the address provided in Clause 2.11.4 in the
manner and form as detailed in this RFP. A receipt thereof should be
obtained from the person specified at Clause 2.11.4.

2.13 Late BIDs

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

shall not allow submission of any Bid after the prescribed date and time at
clause 2.12.

2.14 Procedure for e-tendering

2.14.1 Accessing/ Purchasing of BID documents

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

DSC should be in the name of the authorized signatory as authorized in

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

2.14.1.2To participate in the bidding, it is mandatory for the Bidders to get

registered their firm / Joint Venture with e-procurement portal
https://eprocure.gov.in/eprocure/app to have user ID & password which
has to be obtained free of cost. Following may kindly be noted:

45
 (a) Registration with e-procurement portal should be valid at least up to
the date of submission of BID.

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

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

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

2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder
from e-procurement portal https://eprocure.gov.in/eprocure/app

2.14.1.5 Deleted

2.14.2 Preparation & Submission of BIDs:

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

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

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

https://eprocure.gov.in/eprocure/app using the digital signature of
authorised representative of the Bidder on or before the BID Due Date &
Time.

2.14.3 Modifications/ Substitution/ withdrawal of BIDs

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

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

46
2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The Ministry/ NHAI/NHIDCL shall on-line open Technical BIDs on date and
time as mentioned in clause 1.3 of section 1, in the presence of the
authorized representatives of the Bidders, who choose to attend. The
MoRT&H / NHAI/NHIDCL will subsequently examine and evaluate the BIDs in
accordance with the provisions of Section 3 of RFP.

2.16 Rejection of BIDs

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

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

2.17 Validity of BIDs

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

2.18 Confidentiality

Information relating to the examination, clarification, evaluation and

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

2.19 Correspondence with the Bidder

47
 Save and except as provided in this RFP, the Authority shall not entertain
any correspondence with any Bidder in relation to acceptance or
rejection of any BID. However, the Authority would display the result of
technical evaluation on the web portal for 7 days including reasons for
non- responsiveness, if any, and the financial bid will be opened
thereafter.

D. BID SECURITY

2.20 BID Security

2.20.1 The Bidder shall furnish as part of its BID, a BID Security referred to in
Clause 1.2.4 herein above in the form of Insurance Surety Bond (issued by
Insurance Company authorized by Insurance Regulatory and Development
Authority of India in the format at Appendix IX) , Account Payee Demand
Draft, Banker’s Cheque or e – Bank Guarantee issued by nationalized bank,
or a Scheduled Bank in India having a net worth of at least Rs. 1,000 crore
(Rs. one thousand crore), in favour of the Authority in the format at
Appendix-II (the “Bank Guarantee”) and having a validity period of not less
than 180 (one hundred eighty) days from the BID Due Date, inclusive of a
claim period of 60 (sixty) days, and may be extended as may be mutually
agreed between the Authority and the Bidder from time to time. The
Insurance Surety Bond shall be verified from the specific portal created for
this purpose. The e – Bank Guarantee shall be transmitted through SFMS
Gateway to [Ministry/NHAI/NHIDCL/ State PWD/BRO]’ Bank. In case the e –
Bank Guarantee is issued by a foreign bank outside India, confirmation of
the same by any nationalised bank in India is required. For the avoidance of
doubt, Scheduled Bank shall mean a bank as defined under Section 2(e) of
the Reserve Bank of India Act, 1934. A scanned copy of the Account Payee
Demand Draft, Banker’s Cheque or e – Bank Guarantee shall be uploaded on
eprocurement portal while applying to the tender.

2.20.2 Any BID not accompanied by the BID Security shall be summarily rejected by
the Authority as non-responsive.

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

2.20.4 The Authority shall be entitled to forfeit and appropriate the BID
Security as Damages inter alia in any of the events specified in Clause 2.20.5
herein below. The Bidder, by submitting its BID pursuant to this RFP, shall be
deemed to have acknowledged and confirmed that the Authority will suffer
48
 loss and damage on account of withdrawal of its BID or for any other default
by the Bidder during the period of BID validity as specified in this RFP. No
relaxation of any kind on BID Security shall be given to any Bidder.

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

(a) Deleted
(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice as specified in
Section 4 of this RFP;
(c) If a Bidder withdraws its BID during the period of Bid validity as specified
in this RFP and as extended by mutual consent of the respective Bidder(s)
and the Authority;
(d) In the case of Selected Bidder, if it fails within the specified/extended
time limit by Authority -
(i) to sign and return the duplicate copy of LOA;
(ii) to furnish the Performance Security /Additional Performance
Security (if any) as per Clause 2.21; or
(iii) to sign the Agreement;

2.21 Performance Security

2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected

Bidder shall furnish to the Authority in the form of Insurance Surety Bond
in the format at Appendix – X, Account Payee Demand Draft, Banker’s
Cheque or irrevocable and unconditional guarantee e – Bank Guarantee
from a Bank in the form set forth in Appendix-VII (the “Performance
Security”) for an amount equal to 3% (three percent) of its Bid Price. In
case of bids mentioned below, the Selected Bidder, along with the
Performance Security, shall also furnish to the Authority in the form of
Insurance Surety Bond (issued by Insurance Company authorized by
Insurance Regulatory and Development Authority of India in the format at
Appendix – X), Account Payee Demand Draft, Banker’s Cheque or an
irrevocable and unconditional e – Bank Guarantee from a Bank in the
same form given at Appendix-VII towards an Additional Performance
Security (the “Additional Performance Security”) for an amount
calculated as under

(i) Where the bid price is below 10% but not below 20% of the
project cost put to bid, the additional performance
guarantee/security percentage shall be incremented by 0.1% for
49
 every percentage of bid price below 10% of the project cost put
to bid starting at 11% with additional bid performance guarantee
being 0.1% and this additional performance guarantee percentage
shall be applied on the bid price;
(ii) Where the bid price is 20% or more below of the project cost put
to bid, the additional performance guarantee percentage shall be
incremented by 0.2% for every percentage of bid price below 20%
of the project cost put to bid in addition to 1% of the bid price
and this additional performance guarantee percentage shall be
applied on the bid price;
(iii) The additional performance guarantee percentage shall be
rounded off to the next lower percentage based on whether the
decimal point of the percentage of bid price is below 0.5% or
more.
(iv) This Additional Performance Security shall be treated as part of
the Performance Security.

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

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

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

2.21.5 For avoidance of any doubt, in case of failure of submission of

Performance Security and Additional Performance Security, if any, within
the additional 60 days’ time period, the award shall be deemed to be
cancelled/ withdrawn and the Bid Security shall be encashed and the
proceeds thereof appropriated by the Authority. Thereupon all rights,
privileges, claims and entitlements of the Contractor under or arising out
50
 of the Award shall be deemed to have been waived by, and to have
ceased with the concurrence of the Contractor, and the Award shall be
deemed to have been withdrawn by the Authority

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

51
 SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF FINANCIAL BIDS

3.1 Evaluation of Technical Bids

3.1.1 The Authority shall open the BIDs received online as per clause 1.3 of section
1 at the place specified in Clause 2.11.4 (i); and in the presence of the
Bidders who choose to attend. The Authority shall prepare minutes of the BID
opening, including information disclosed to those present at the time of BID
opening.

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

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

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

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

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

3.1.6 Tests of responsiveness

3.1.6.1 As a first step towards evaluation of Technical BIDs, the Authority

shall determine whether each Technical BID is responsive to the
requirements of this RFP. A Technical BID shall be considered responsive only
if:

(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI(Bid Capacity format);
(b) Deleted
(c) Technical Bid is accompanied by the BID Security as specified in Clause

52
 1.2.4 and 2.20;
(d) The Power of Attorney is uploaded on e-procurement portal as
specified in Clauses 2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member
of Joint Venture and the Joint Bidding Agreement as specified in
Clause 2.1.6, if so required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Copy of Online receipt towards payment of cost of Bid document to
“Regional Pay & Accounts Officer, MoRT&H, Guwahati” (PAO Code:
034921, DDO Code: 202119) through online Bharat Kosh Portal
(www.bharatkosh.gov.in) must be submitted with the proposal;

3.1.6.2 The Authority reserves the right to reject any Technical BID which is
non-responsive and no request for alteration, modification, substitution or
withdrawal shall be entertained by the Authority in respect of such BID.

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

3.1.8 The Authority will get the BID security verified from the issuing authority and
after due verification, the Authority will evaluate the Technical BIDs for their
compliance to the eligibility and qualification requirements pursuant to clause
2.2.1 & 2.2.2 of this RFP.

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

3.2 Opening and Evaluation of Financial Bids

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

3.3 Selection of Bidder

3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is
adjudged as responsive in terms of Clause 3.1.6. The bidder shall be
53
 declared as the selected Bidder (the “Selected Bidder”) in pursuance to
the procedure defined hereunder

(i) Among all the responsive bidder, the lowest bidder will be termed
as L1. If L1 is ‘Class-I Local Supplier’, the contract will be awarded
to L1.
(ii) If L1 is not ‘Class - I local supplier’ the lowest bidder among the
‘Class - I local supplier’, will be invited to match L1 price subject
to Class I local supplier’s quoted price falling within the margin of
purchase preference, and the contract will be awarded to such
‘Class - I local supplier’ subject to matching the L1 price.
(iii) In case such lowest eligible ‘Class - I local supplier’ fails to
match the L1 price, the ‘Class - I local supplier’ with the next
higher bid within the margin of purchase preference shall be
invited to match the L1 price and so on and contract shall be
awarded accordingly. In case none of the ‘Class - I local supplier’
within the margin of purchase preference matches the L1 price,
the contract shall be awarded to the L1 bidder.

'Margin of purchase preference’ means the maximum extent to which

the price quoted by a ’Class-I local supplier’ may be above the LI for
the purpose of purchase preference. The margin of purchase
preference shall be 20%.

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

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

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

3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it

54
 shall cause the Bidder to submit Performance Security and Additional
Performance Security (if any) within the period prescribed/extended by
Authority and then execute the Agreement within the period prescribed in
Clause 1.3. The Selected Bidder shall not be entitled to seek any deviation,
modification or amendment in the Agreement.

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

3.4 Contacts during BID Evaluation

BIDs shall be deemed to be under consideration immediately after they are

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

3.5 Correspondence with Bidder

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

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

55
 SECTION-4

FRAUD AND CORRUPT PRACTICES

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

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

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

(a) “corrupt practice” means the offering, giving, receiving or soliciting of

anything of value, pressurizing to influence the action of a public official in
the process of tendering and execution of the project;

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

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

(c) “coercive practice” means impairing or harming, or threatening to impair or

56
 harm, directly or indirectly, any person or property to influence any
person’s participation or action in the Bidding Process;

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

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

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

57
 SECTION-5

PRE-BID CONFERENCE

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

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

58
59
 SECTION-6
MISCELLANEOUS

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

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

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

60
 APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)

To,
The Regional Officer, Itanagar,
Ministry of Road Transport & Highways,
Government of India,
House No. 522, Milan Nagar, Gutlung
Tezpur, Assam-784001
e-mail: [email protected]

Sub: BID for ___________{Project Name}___________________

Dear Sir,

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

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

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

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

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

5. I/ We acknowledge the right of the Authority to reject our BID without assigning
61
 any reason or otherwise and hereby waive, to the fullest extent permitted
by applicable law, our right to challenge the same on any account whatsoever.

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

7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents,
including any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1
(c) and 2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as defined in Clause 4.3 of the
RFP document, in respect of any tender or request for proposal issued by or
any Agreement entered into with the Authority or any other public sector
enterprise or any government, Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on
our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the
RFP for the Project and information mentioned for the evaluation of the
BID Capacity in Annexure VI were true and correct as on the date of
making the Application and are also true and correct as on the BID Due Date
and I/we shall continue to abide by them.

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

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

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

62
 Project.

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

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

13. I/ We further certify that no investigation by a regulatory authority is

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

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

15. I/ We undertake that in case due to any change in facts or circumstances

during the Bidding Process, we are attracted by the provisions of
disqualification in terms of the guidelines referred to above, we shall intimate
the Authority of the same immediately.

16. I/We further acknowledge and agree that in the event such change in
control occurs after signing of the Agreement upto its validity. It would,
notwithstanding anything to the contrary contained in the Agreement, be
deemed a breach thereof, and the Agreement shall be liable to be terminated
without the Authority being liable to us in any manner whatsoever.

17. I/ We hereby irrevocably waive any right or remedy which we may have at any
stage at law or howsoever otherwise arising to challenge or question any decision
taken by the Authority in connection with the selection of the Bidder, or in
connection with the Bidding Process itself, in respect of the above
mentioned Project and the terms and implementation thereof.

18. In the event of my/ our being declared as the Selected Bidder, I/we agree to
enter into a Agreement in accordance with the draft that has been provided to
me/us prior to the BID Due Date. We agree not to seek any changes in the
63
 aforesaid draft and agree to abide by the same.

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

20. I/ We offer a BID Security of Rs. **** (Rupees **** only) to the Authority in
accordance with the RFP Document.

21. The BID Security in the form of Insurance Surety Bond, Account Payee Demand
Draft/ Banker’s Cheque / e – Bank Guarantee (Strike out whichever is not
applicable) is attached.

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

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

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

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

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

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

28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid for
undertaking the aforesaid Project in accordance with the Bidding Documents and
the Agreement.
64
In witness thereof, I/we submit this BID under and in accordance with the terms of
the RFP document.

Yours faithfully,

Date: (Signature, name and designation of the Authorised signatory)

Place: Name & seal of Bidder/Lead Member

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not

applicable to it, and ‘Deleted’ may be indicated there

65
 APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
To,
The Regional Officer, Itanagar,
Ministry of Road Transport & Highways,
Government of India,
House No. 522, Milan Nagar, Gutlung
Tezpur, Assam-784001
e-mail: [email protected]

Sub: BID for __________{Project Name}____________

Dear Sir,

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

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

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

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

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

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

66
6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the
BID Due Date specified in the RFP.

7. I/ We hereby submit our BID and offer a BID Price __Online__ for undertaking
the aforesaid Project in accordance with the Bidding Documents and the
Agreement.

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

67
 Appendix IA
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any,
in India:
(d) Date of incorporation and/ or commencement of business:

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

of business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication

for the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

4. Particulars of the Authorised Signatory of the Bidder:

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

5. In case of a Joint Venture:

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

68
 Sl. Name of Member Role* Share of work in the
{Refer Clause Project {Refer Clauses
2.1.11(d)}$ 2.1.11(a), (f) & (g)}
1.
2.
3.
* The role of each Member, as may be determined by the Applicant, should be
indicated in accordance with instruction 4 at Annex-IV.
(d) The following information shall also be provided w.r.t para 2.1.14 for each
Member of the Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl. No. Criteria Yes/No
1. Has the Bidder/ constituent of the Joint Venture been
barred by the Ministry of Road Transport & Highways or
its implementing agencies for the works of Expressways,
National Highways, ISC and El works, from participating
in bidding.
2 If the answer to 1 is yes, does the bar subsist as on BID
due date.

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

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

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

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

$
All provisions contained in curly parenthesis shall be suitably modified by the Applicant to reflect the particulars
relating to such Applicant.
69
(b) I/ We further certify that no investigation by any investigating agency in India
or outside is pending either against us/ any member of Joint Venture or our sister
concern or against our CEO or any of our directors/managers/employees.

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

Name of the Bidder /Member of JV: __________________________

Sr. Project Project
Categories of Non-performer
No. 1 2
(i) Fails to set up institutional mechanism and procedure as
per contract.
(ii) Fails to mobilize key construction equipment within a
period of 4 months from the Appointed Date.
(iii) Fails to complete or has missed any milestone and
progress not commensurate with contiguous
unencumbered project length /ROW available even after
lapse of 6 months from respective project
milestone/Schedule Completion date, unless Extension of
Time has been granted due to Authority’s Default or
Force Majeure.
(iv) Fails to achieve progress commensurate with funds
released from Escrow Account (Equity + Debt + Grant) in
BOT or HAM project and variation is more than 25% in the
last 365 days.
(v) Fails to achieve the target progress or complete the
project as per schedule agreed at the time of sanctioning
of funds under One Time Funds Infusion (OTFI) or
relaxations to contract conditions to improve cash flow
solely on account of Concessionaire's/ contractor’s
failure/default.
(vi) Fails to complete rectification (excluding minor
rectifications) as per time given in non-conformity
reports (NCR) in design/completed works/ maintenance
or reported in Inspection Reports issued by Quality
Inspectors deployed by the Authority or Officers of the
Authority.
(vii) Fails to complete minor rectifications exceeding 3
instances in a project as per time given in nonconformity

70
 Sr. Project Project
Categories of Non-performer
No. 1 2
reports (NCR) in design/completed works /maintenance.
(viii) Fails to fulfill its obligations to maintain a highway in a
satisfactory condition in spite of two rectification notices
issued in this regard.
(ix) Damages/penalties recommended by
Independent/Authority’s Engineer during O&M Period and
remedial works are still not taken up.
(x) Fails to complete Punch list items even after lapse of
time for completion of such items excluding delays
attributable to the Authority.
(xi) Occurrence of minor failure of structures/ highway due
to construction defect wherein no causalities are
reported (causalities include injuries to human being /
animals).
(xii) Occurrence of major failure of structures/highway due to
construction defect wherein no casualties are reported
(causalities include injuries to human being /
animals).
(xiii) Occurrence of major failure of structures / highway due
to construction defect leading to loss of human lives
besides loss of reputation etc. of the authority.
(xiv) Fails to make premium payments excluding the current
instalment in one or more projects
(xv) Fails to achieve financial closure in two or more projects
within the given or extended period (which shall not be
more than six months in any case).
(xvi) Fails to submit the Performance Security within the
permissible time period in more than one project.
(xvii) Rated as an unsatisfactory performing entity/
nonperforming entity by an independent third-party
agency and so notified on the website of the Authority.
(xviii) Failed to perform for the works of Expressways, National
Highways, ISC & El works in the last 2(two) years, as
evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitral
award against the Bidder, including individual or any of
its Joint Venture Member, as the case may be.
(xix) Expelled from the contract or the contract terminated by
the Ministry of Road Transport & Highways or its

71
 Sr. Project Project
Categories of Non-performer
No. 1 2
implementing agencies for breach by such Bidder,
including individual or any of its Joint Venture Member;
Provided that any such decision of expulsion or
termination of contract leading to debarring of the
Bidder from further participation in bids for the
prescribed period should have been ordered after
affording an opportunity of hearing to such party.
(xx) Fails to start the works or causes delay in maintenance &
repair/overlay of the project.

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

72
 Appendix-IA
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant type Project Cate- Experience** (Equivalent Rs. Crore)$$ Technical
Code* gory$ Payments received for Value of self- Experience£
construction of Eligible construction in Eligible
Projects in Categories 3 Projects in Categories 1
&4 and 2
(1) (2) (3) (4) (5) (6)
Single entity Bidder or a
Lead Member including b
other members of the c
Joint Venture d
e
f
Aggregate Technical Experience =

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

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

$ Refer Clause 2.2.2.5(i)

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

$$ For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees **

(**)1 to a US Dollar.

1
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the Reserve
Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight) days prior to
the Application Due Date.
73
£. In the case of an Eligible Project situated in an OECD country, the Experience
Score so arrived at shall be further multiplied by 0.5, in accordance with the
provisions of Clause 2.2.2.5(ii) and the product thereof shall be the Experience
Score for such Eligible Projects.

NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I

shall be provided separately for other Members so as to establish that each such
Member has 20 percent or more of the Threshold Technical Capacity. (Refer Clause
2.2.2.4).

74
 Appendix-IA
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore$)
Bidder type Net Cash Accruals Net Worth£
Year 1 Year Year 3 Year 4 Year 5 Year 1
2
Single entity Bidder or Lead Member
including other members of the
Joint Venture
TOTAL

Bidder type Annual Turnover Average

Year 1 Year 2 Year 3 Year 4 Year 5 Annual
(Rs.) Updatio (Rs.) Updatio (Rs.) Updatio (Rs.) Updation (Rs.) Updatio Turnover
n factor n factor n factor factor n factor (In Rs.
crore$)
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6x
7+8x9+10x1
1)/5
Single 1.00 1.05 1.10 1.15 1.20
entity
Bidder or
Lead
Member
including
other
members of
the Joint
Venture

Name & address of Bidder’s Bankers:

$ For conversion of other currencies into rupees, see note below Annex-II of
Appendix-I.
£ The Bidder should provide details of its own Financial Capacity.
Instructions:

75
1. The Bidder shall attach copies of the balance sheets, financial statements
and Annual Reports for 5 (five) years preceding the Bid Due Date. The
financial statements shall:
(a) reflect the financial situation of the Bidder;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.

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

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

5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with Clause 2.1.11 (f) of the RFP document.

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

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

76
 Appendix IA
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of
Instruction the Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work
executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer,
and/or
(b) revenues appropriated for self-construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible
Projects in this Annex. The projects cited must comply with the eligibility
criteria specified in Clause 2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case
may be. Information provided in this section is intended to serve as a back up
for information provided in the Application. Applicants should also refer to the
Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self-
construction for each Eligible Project are to be stated in Annex-II of this
Appendix-I. The figures to be provided here should indicate the break-up for
the past 5 (five) financial years. Year 1 refers to the financial year
immediately preceding the Bid Due Date; Year 2 refers to the year before Year
1, Year 3 refers to the year before Year 2, and so on (Refer Clause 2.1.13). For
Categories 1 and 2, expenditure on construction of the project by the

77
 Applicant itself should be provided, but only in respect of projects having an
estimated capital cost exceeding the amount specified in Clause 2.2.2.6(i)(c).
In case of Categories 3 and 4, payments received only in respect of
construction should be provided, but only if the amount received exceeds the
minimum specified in Clause 2.2.2.6(ii). Receipts for construction works
should only include capital expenditure, and should not include expenditure
on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and
contact details of owner/ Authority/ Agency (i.e. concession grantor, counter
party to concession, etc.) may be provided. In case of projects in Categories 3
and 4, similar particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses
2.2.2.6(i) and 2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon
completion, should be indicated. In case of Categories 3 and 4, date of
completion of construction should be indicated. In the case of projects under
construction, the likely date of completion or commissioning, as the case may
be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company
owning the Eligible Project, held continuously during the period for which
Eligible Experience is claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed
twice. In other words, no double counting in respect of the same experience
shall be permitted in any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must
be furnished as per formats below for each Eligible Project. In jurisdictions
that do not have statutory auditors, the auditors who audit the annual
accounts of the Bidder may provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide
a certificate from its statutory auditor in the format below as per Clause
2.2.2.6 (i) (d) :
Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it,
this is to certify that …………………….. (name of the Bidder) is/ was an equity
shareholder in ……………….. (title of the project company) and holds/held Rs. ………
cr. (Rupees ………………………….. crore) of equity (which constitutes ……..%€ of the total

$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.
£
Refer Clause 2.2.2.5 of the RFP.
 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
78
paid up and subscribed equity capital) of the project company from …………... (date)
to …………….. (date)¥The project was/is commenced on ………(date) and likely to be
commissioned on ……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr.
(Rupees …………………crore), of which the applicant has itself undertaken the
construction of project of Rs. ………(Rupees ………. Crores) excluding any part of the
project for which any contractor, sub-contractor or other agent was appointed for
the purpose of construction as per Clause 2.2.2.6 (i) (d) by the aforesaid Applicant
itself, during the past five financial years as per year-wise details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and
designation
Date: of the authorised
signatory)

14. If the Bidder is claiming experience under Category 3 & 4, as per Clauses
2.2.2.5 and 2.2.2.6(ii) of the RFP, it should provide a certificate from its
Statutory Auditor/client/ Engineer-in charge/ Independent
Engineer/Authority’s Engineer in the format below:
Certificate regarding construction works
Based on its books of accounts and other published information authenticated by it,
This is to certify that ……………………..(name of the Bidder) was engaged by
………………..(title of the project company) to execute ……………… (name of project) for
…………………. (nature of project). The construction of the project commenced on
…………..(date) and the project was/ is likely to be commissioned on …………… (date, if
any). It is certified that Bidder received payments from its Clients for Construction
Works executed by them or work executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer, in the aforesaid construction
works.
We further certify that the total estimated capital cost of the project is Rs. …… cr.
(Rupees …………………crore), of which the Applicant received or has executed the work
as certified by the Engineer-in-charge/Independent Engineer/Authority’s Engineer

¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ or owned the ………….. (name of project) from
……………….. (date) to ………………… (date).”

Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company. However, in case the work of
other member(s) is also executed by the applicant, then this fact should also be certified by the Statutory Auditor
and accordingly the language may be suitably modified.
79
Rs. ……… cr. (Rupees ……………………… crore), during the past five financial years as per
year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of
the Applicant who undertook these works as a partner or a member of joint
venture.
We further certify that applicant has a share of _____% in the Joint
Venture/Consortium.

(Authorized Signatory)

Date:

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


This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture. This
portion may be omitted if the contract did not involve a partnership/ joint venture. In case where work is not
executed by partnership/ joint venture, this paragraph may be deleted.

80
81
 Appendix -IA
Annex-V

ANNEX-V
Statement of Legal Capacity

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

Venture)

Ref. Date:

To,
The Regional Officer, Itanagar,
Ministry of Road Transport & Highways,
Government of India,
House No. 522, Milan Nagar, Gutlung
Tezpur, Assam-784001
e-mail: [email protected]

Dear Sir,

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

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

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

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

82
 For and on behalf of……………………………..

*Please strike out whichever is not applicable.

83
 Appendix - IA
Annexure-VI

Information required to evaluate the BID Capacity under clause 2.2.2.1:

To calculate the value of “A” and “C”

1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by
the Bidder during the last 5 years is as follows (the amount of bonus received,
if any, shall be indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net Value
No. undertaken w.r.t. EPC bonus (Rs. in excluding bonus
Projects including bonus, if Crores) (Rs. in Crores)
any (Rs. in Crores)
1 2024-25/ 2024
2 2023-24/ 2023
3 2022-23/ 2022
4 2021-22/ 2021
5 2020-21/2020
3. Maximum value of projects that have been undertaken during the F.Y. ________
out of the last 5 years and value excluding amount of bonus thereof is
Rs._____Crores (Rupees__________________________). Further, value updated
to the price level of the year indicated in Appendix is as follows:

Rs. ______ Crores x _____(Updation Factor as per Appendix) = Rs. _______ Crores
(Rupees______________________________________)
4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated
to the price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Year Amount of Updation Updated Amount of
No. Bonus (Rs. Factor Bonus (Rs. in Crores)
in Crores)
1 2024-25/ 2024 1.00
2 2023-24/ 2023 1.05
3 2022-23/ 2022 1.10
4 2021-22/ 2021 1.15
5 2020-21/2020 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of Authorised
Seal of the audit firm: (Signature, name and Signatory
84
designation and Membership No. of
authorised signatory) For and on behalf of ………………(Name of
:

Date:
Place:

85
 To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to be
completed during the next ** years is as follows:

Sl. Name Percentage Dater of Construction Value of Value of Balance Anticipated Balance value
No. of of start / period as per contract work value of date of of work at
Project participation appointed Agreement/ as per completed work to be completion 2024-25/2024
/Work of Bidder in date of LOA Agreeme completed price level
the project project nt /LOAβ

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

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

# Updation Factor as given below:

For Year F.Y. / Calendar Updation Factor
Year
1 2024-25/ 2024 1.00
2 2023-24/ 2023 1.05
3 2022-23/ 2022 1.10
4 2021-22/ 2021 1.15
5 2020-21/2020 1.20
The Statement showing the value of all existing commitments, anticipated value of
work to be completed in the period of construction of the project for which bid is
invited and ongoing works as well as the stipulated period of completion remaining
for each of the works mentioned above is verified from the certificate issued that has
been countersigned by the Client or its Engineer-in-charge not below the rank of
Executive Engineer or equivalent in respect of EPC Projects or Concessionaire /
Authorised Signatory of SPV in respect of BOT Projects. No awarded / ongoing works
has been left in the aforesaid statement which has been awarded to
M/s………………individually / and other member M/s ……………….. and M/s ……………….,
as on bid due date of this RFP.
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation of Name of the Statutory Auditor’s firm:
Authorised Signatory Seal of the audit firm: (Signature, name
β
and designation and Membership No. of
In case balance period of construction is less than the value of period of construction
authorised of the project for which bid
signatory)
For and on behalf of ………………(Name
is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of work to be
of the Bidder)
completed in the period of construction of the project for which bid is invited is to be mentioned. In the absence of
the anticipated value of work to be completed, the proportionate value shall be considered while evaluating the
Assessed Available Bid Capacity.
86
Date:
Place:

Date:
Place:

87
 APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)

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

OFFICE MEMORANDUM

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

Government has examined the issue of framing comprehensive and transparent

guidelines defining the criteria for Bidders interested in PSE-disinvestment so that
the parties selected through competitive bidding could inspire public confidence.
Earlier, criteria like net worth, experience etc. used to be prescribed. Based on
experience and in consultation with concerned departments, Government has
decided to prescribe the following additional criteria for the qualification/
disqualification of the parties seeking to acquire stakes in public sector enterprises
through disinvestment:

(a) In regard to matters other than the security and integrity of the
country, any conviction by a Court of Law or indictment/ adverse order
by a regulatory authority that casts a doubt on the ability of the Bidder
to manage the public sector unit when it is disinvested, or which
relates to a grave offence would constitute disqualification. Grave
offence is defined to be of such a nature that it outrages the moral
sense of the community. The decision in regard to the nature of the
offence would be taken on case to case basis after considering the facts
of the case and relevant legal principles, by the Government of India.
(b) In regard to matters relating to the security and integrity of the
country, any charge-sheet by an agency of the Government/ conviction
by a Court of Law for an offence committed by the bidding party or by
any sister concern of the bidding party would result in disqualification.
The decision in regard to the relationship between the sister concerns
would be taken, based on the relevant facts and after examining
88
 whether the two concerns are substantially controlled by the same
person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment
process, would not be allowed to remain associated with it or get
associated merely because it has preferred an appeal against the order
based on which it has been disqualified. The mere pendency of appeal
will have no effect on the disqualification.

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

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

89
 Appendix - IA
Annexure-VIII

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

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

1
2
3
…

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

#To be supported with valid certificate issued from Independent Engineer /

Authority’s Engineer / Supervision Consultant / Engineer-in-charge

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

…………………………………………… Name of the Bidder

Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

90
Date: __________________

Place: __________________

91
 APPENDIX - II
Bank Guarantee for BID Security
(Refer Clauses 2.20)
B.G. No. Dated:

1. In consideration of you, ______________{Authority}_________, having its office at

_______________________, (hereinafter referred to as the “Authority”, which
expression shall unless it be repugnant to the subject or context thereof include
its, successors and assigns) having agreed to receive the BID of
_____{Bidder}_____________ and having its registered office at ____________
(and acting on behalf of its JV) (hereinafter referred to as the “Bidder”
which expression shall unless it be repugnant to the subject or context thereof
include its/their executors, administrators, successors and assigns), for
the_________{Project Name}}__________ Project on EPC basis (hereinafter
referred to as “the Project”) pursuant to the RFP Document dated __________
issued in respect of the Project and other related documents including
without limitation the draft contract Agreement (hereinafter collectively
referred to as “Bidding Documents”), we ____{Name of the Bank}_____ having
our registered office at ………………… and one of its branches at ……………………..
(hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby
in terms of Clause 1.2.4 read with Clause 2.20 of the RFP Document, irrevocably,
unconditionally and without reservation guarantee the due and faithful
fulfilment and compliance of the terms and conditions of the Bidding
Documents (including the RFP Document) by the said Bidder and unconditionally
and irrevocably undertake to pay forthwith to the Authority an amount of
Rs__________ (Rupees_______only) (hereinafter referred to as
the “Guarantee”) as our primary obligation without any demur, reservation,
recourse, contest or protest and without reference to the Bidder if the Bidder
shall
fail to fulfil or comply with all or any of the terms and conditions contained in the
said Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in
default of the due and faithful fulfilment and compliance with the terms
and conditions contained in the Bidding Documents shall be final, conclusive
and binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and
payable under this Guarantee without any demur, reservation, recourse, contest
or protest and without any reference to the Bidder or any other person
and irrespective of whether the claim of the Authority is disputed by the Bidder or
not, merely on the first demand from the Authority stating that the amount

92
 claimed is due to the Authority by reason of failure of the Bidder to fulfil and
comply with the terms and conditions contained in the Bidding Documents
including failure of the said Bidder to keep its BID open during the BID validity
period as set forth in the said Bidding Documents for any reason whatsoever.
Any such demand made on the Bank shall be conclusive as regards amount due
and payable by the Bank under this Guarantee. However, our liability under this
Guarantee shall be restricted to an amount not exceeding
Rs________________(Rupees_________only).

4. This Guarantee shall be irrevocable and remain in full force for a period of 180
(one hundred and eighty) days from the BID Due Date inclusive of a claim period
of 60 (sixty) days or for such extended period as may be mutually agreed between
the Authority and the Bidder, and agreed to by the Bank, and shall continue to be
enforceable till all amounts under this Guarantee have been paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to decide as
to whether the Bidder is in default of due and faithful fulfilment and compliance
with the terms and conditions contained in the Bidding Documents including,
inter alia, the failure of the Bidder to keep its BID open during the BID validity
period set forth in the said Bidding Documents, and the decision of the Authority
that the Bidder is in default as aforesaid shall be final and binding on us,
notwithstanding any differences between the Authority and the Bidder or any
dispute pending before any Court, Tribunal, Arbitrator or any other Authority.

6. The Guarantee shall not be affected by any change in the constitution or winding
up of the Bidder or the Bank or any absorption, merger or amalgamation of the
Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to
treat the Bank as the principal debtor. The Authority shall have the fullest
liberty without affecting in any way the liability of the Bank under this
Guarantee from time to time to vary any of the terms and conditions contained in
the said Bidding Documents or to extend time for submission of the BIDs or the
BID validity period or the period for conveying acceptance of Letter of Award by
the Bidder or the period for fulfilment and compliance with all or any of the
terms and conditions contained in the said Bidding Documents by the said
Bidder or to postpone for any time and from time to time any of the
powers exercisable by it against the said Bidder and either to enforce or
forbear from enforcing any of the terms and conditions contained in the
said Bidding Documents or the securities available to the Authority, and the
Bank shall not be released from its liability under these presents by any exercise
by the Authority of the liberty with reference to the matters aforesaid or by reason
93
 of time being given to the said Bidder or any other forbearance, act or
omission on the part of the Authority or any indulgence by the Authority to the
said Bidder or by any change in the constitution of the Authority or its
absorption, merger or amalgamation with any other person or any other matter
or thing whatsoever which under the law relating to sureties would but for this
provision have the effect of releasing the Bank from its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be

sufficiently given or made if addressed to the Bank and sent by courier or by
registered mail to the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us

addressed to [name of Bank along with branch address] and delivered at our
above branch which shall be deemed to have been duly authorised to receive the
said notice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder
before proceeding against the Bank and the guarantee herein contained shall be
enforceable against the Bank, notwithstanding any other security which the
Authority may have obtained from the said Bidder or any other person and which
shall, at the time when proceedings are taken against the Bank hereunder,
be
outstanding or unrealised.

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

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

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

14. This guarantee shall also be operatable at our……………….. Branch at New

Delhi, from whom, confirmation regarding the issue of this guarantee or
extension / renewal thereof shall be made available on demand. In the
contingency of this guarantee being invoked and payment thereunder

94
 claimed, the said branch shall accept such invocation letter and make
payment of amounts so demanded under the said invocation.
15. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank
Guarantee to the designated bank of [Ministry/NHAI/NHIDCL/State PWD/BRO],
details of which is as under:

S. No. Particulars Details

1. Name of Beneficiary RPAO, M/o RTH, Guwahati
2. Name of Bank Canara Bank
3. Account No. 73301010011587
4. IFSC Code CNRB0017330

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

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

(Signature of the Authorised Signatory)

(Official-Seal)

95
 APPENDIX-III
Format for Power of Attorney for signing of BID
(Refer Clause 2.1.5)
Know all men by these presents, We…………………………………………….. (name of the firm
and address of the registered office) do hereby irrevocably constitute, nominate,
appoint and authorize Mr./ Ms (name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently
employed with us/ the Lead Member of our Joint Venture and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as
are necessary or required in connection with or incidental to submission of our BID
for the Project ______________{Project Name}___________ including but not
limited to signing and submission of all applications, BIDs and other documents and
writings, participate in Pre-BID and other conferences and providing information/
responses to the Authority, representing us in all matters before the Authority,
signing and execution of all contracts including the agreement and undertakings
consequent to acceptance of our BID, and generally dealing with the Authority in all
matters in connection with or relating to or arising out of our BID for the said Project
and/ or upon award thereof to us and/or until the entering into of the EPC Contract
with the Authority.

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

IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For …………………………..
(Signature, name, designation and address)
of person authorized by Board Resolution
(in case of Firm/ Company)/ partner in case of Partnership firm
Witnesses:
1.
2.
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney) (Notarised)
Person identified by me/ personally appeared before me/
Attested/ Authenticated*
96
 (*Notary to specify as applicable)
(Signature Name and Address of the Notary)

Seal of the Notary

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

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

97
 APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

Whereas the Ministry of Road Transport & Highways (“the Authority”) has invited
BIDs for the ________{Project name}_________(the “Project”).

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

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

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

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, ……………………………….. having our registered office at ……………………………………..,

M/s. …………………. having our registered office at ………….…, M/s. …………… having our
registered office at ………..….., and …………... having our registered office at ………,
(hereinafter collectively referred to as the “Principals”) do hereby irrevocably
designate, nominate, constitute, appoint and authorize M/S ………………..……. having
its registered office at ………………………., being one of the Members of the Joint
Venture, as the Lead Member and true and lawful attorney of the Joint Venture
(hereinafter referred to as the “Attorney”). We hereby irrevocably authorize the
Attorney (with power to sub-delegate) to conduct all business for and on behalf of
the Joint Venture and any one of us during the bidding process and, in the event the
Joint Venture is awarded the contract, during the execution of the Project and in
this regard, to do on our behalf and on behalf of the Joint Venture, all or any of such
acts, deeds or things as are necessary or required or incidental to the pre-
qualification of the Joint Venture and submission of its BID for the Project, including
but not limited to signing and submission of all applications, BIDs and other
documents and writings, participate in pre BID and other conferences, respond to
queries, submit information/ documents, sign and execute contracts and
undertakings consequent to acceptance of the BID of the Joint Venture and generally
to represent the Joint Venture in all its dealings with the Authority, and/ or any
other Government Agency or any person, in all matters in connection with or relating
to or arising out of the Joint Venture’s BID for the in all respect Project and/ or upon
award thereof till the EPC Contract is entered into with the Authority & Compelled.
98
 AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Attorney in exercise of the powers hereby conferred shall
and shall always be deemed to have been done by us/ Joint Venture.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS

POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

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

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

Witnesses:
1.
2.

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

99
 APPENDIX V

Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)

(To be executed on Stamp paper of appropriate value)

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

AMONGST

1. {………… Limited, and having its registered office at ………… } (hereinafter

referred to as the “First Part” which expression shall, unless repugnant to the
context include its successors and permitted assigns)

AND

2. {………… Limited, having its registered office at ………… } and (hereinafter

referred to as the “Second Part” which expression shall, unless repugnant to the
context include its successors and permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter

referred to as the “Third Part” which expression shall, unless repugnant to the
context include its successors and permitted assigns)

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

WHEREAS,

(A) [THE MINISTRY OF ROAD TRANSPORT & HIGHWAYS] (hereinafter referred to as

the “Authority” which expression shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and assigns) has
invited bids (the Bids”) by its Request for Proposal No. ………… dated
…………(the “RFP”) for award of contract for rehabilitation and augmentation
of _______________{Project Name}________ (the “Project”) through an EPC
Contract.

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(B) The Parties are interested in jointly bidding for the Project as members of a
Joint Venture and in accordance with the terms and conditions of the RFP
document and other bid documents in respect of the Project, and

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

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

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

2. Joint Venture

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

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

3. Covenants

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

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as

described below:

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

101
(b) Party of the Second Part shall be {the Member of the Joint Venture; and}

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

5. Joint and Several Liability

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

6. Share of work in the Project

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

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

7. Representation of the Parties

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

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

(b) The execution, delivery and performance by such Party of this

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

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

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

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

other applicable organisational documents thereof;

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

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

(v) create or impose any liens, mortgages, pledges, claims, security

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

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

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

8. Termination

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

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

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

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

For and on behalf of

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

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

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 APPENDIX VI

INTEGRITY PACT FORMAT

(To be executed on plain paper and submitted alongwith Technical Bid/Tender

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

This integrity Pact is made at _____ on this _________day of ________2024.

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

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

Article-1: Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:-
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 (a) No employee of the Principal, personally or through family members,
will in connection with the Tender for, or the execution of a Contract,
demand, take a promise for or accept, for self, or third person, any
material of immaterial benefit which the person is not legally entitled
to.
(b) The Principal will, during the Tender process treat all Bidder(s) with
equity and reason. The Principal will in particular, before and during
the Tender process, provide to all Bidder(s) the same information and
will not provide to any Bidder(s) confidential/ additional information
through which the Bidder(s) could obtain an advantage in relation to
the tender process or the contract execution.
(c) The Principal will exclude all known prejudiced persons from the
process, whose conduct in the past has been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees
which is a criminal offence under the IPC/PC Act or any other Statutory Acts
or if there be a substantive suspicion in this regard, the Principal will inform
the Chief Vigilance Officer and in addition can initiate disciplinary actions as
per its internal laid down Rules/Regulations.

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

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

Article - 3 Disqualification from tender process and exclusion from future

contracts.
(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), before
award or during execution has committed a transgression through a violation
of any provision of Article-2, above or in any other form such as to put his
reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) from the tender
process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has
committed a transgression through a violation of Article-2 such as to put his
reliability or credibility into question, the Principal shall be entitled to
exclude including blacklist and put on holiday the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) for any future tenders/ contract award
process. The imposition and duration of the exclusion will be determined by
the severity of the transgression. The severity will be determined by the
Principal taking into consideration the full facts and circumstances of each
case particularly taking into account the number of transgressions, the
position of the transgressors within the company hierarchy of the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) and the amount of the
damage. The exclusion will be imposed for a maximum of 3 years.

107
 (3) A transgression is considered to have occurred if the Principal after due
consideration of the available evidence concludes that “On the basis of facts
available there are no material doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free
consent and without any influence agrees and undertakes to respect and
uphold the Principal’s absolute rights to resort to and impose such exclusion
and further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the decision
to resort to such exclusion is taken. This undertaking is given freely and after
obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of
this Integrity Pact has been committed by the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s)shall be final and binding on the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s), however, the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) can approach IEM(s) appointed
for the purpose of this Pact.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation
of integrity pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) shall not be entitled for any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) could be revoked by the
Principal if the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)can
prove that he has restored/ recouped the damage caused by him and has
installed a suitable corruption prevention system in his organization.

Article – 4: Compensation for Damages.

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to
the award according to Arcticle-3, the Principal shall be entitled to forfeit the
Earnest Money Deposit/ Bid Security or demand and recover the damages
equivalent to Earnest Money Deposit/ Bid Security apart from any other legal
right that may have accrued to the Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to the
relevant provisions of the contract related to Termination of Contract due to
Contractor/ Concessionaire/Consultant’s Default. In such case, the Principal
shall be entitled to forfeit the Performance Bank Guarantee of the
Contractor/ Concessionaire/ Consultant and/ or demand and recover
liquidated and all damages as per the provisions of the contract/concession
agreement against Termination.

Article – 5: Previous Transgressions

(1) The Bidder declares that no previous transgressions occurred in the last 3
years immediately before signing of this Integrity Pact with any other

108
 Company in any country conforming to the anti corruption/ Transparency
International (TI) approach or with any other Public Sector Enterprise/
Undertaking in India or any Government Department in India that could justify
his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified
from the tender process or action for his exclusion can be taken as mentioned
under Article-3 above for transgressions of Article-2 and shall be liable for
compensation for damages as per Article-4 above.

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

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

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

Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/
Concessionaire/ Consultant or subcontractor, or of an employee or a
representative or an associate of a Bidder/ Contractor/ Concessionaire/
Consultant or Subcontractor, which constitutes corruption, or if the Principal has
substantive suspicion in this regard, the Principal will inform the same to the
Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed Shri. R.S. Gujral as Independent External Monitor
(herein after referred to as “Monitor”) for this Pact. The task of the Monitor is
to review independently and objectively, whether and to what extent the
parties comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties
and performs his functions neutrally and independently. He reports to the
Director General (Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that
the Monitor has the right to access without restriction to all project
documentation of the Principal including that provided by the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s). The Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s)will also grant the Monitor, upon his request
and demonstration of a valid interest, unrestricted and unconditional access

109
 to his project documentation. The same is applicable to Subcontractors. The
Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with
confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings
could have an impact on the contractual relations between the Principal and
the Contractor. The parties offer to the Monitor the option to participate in
such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this
Pact, he will so inform the Management of the Principal and request the
Management to discontinue or take corrective action, or to take other
relevant action. The monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate
action.
(6) The Monitor will submit a written report to the Director General (Road
Development) & Special Secretary within 8 to 10 weeks from the date of
reference or intimation to him by the Principal and, should the occasion arise,
submit proposals for correcting problematic situations.
(7) If the Monitor has reported to the Director General (Road Development) &
Special Secretary, a substantiated suspicion of an offence under relevant
IPC/PC Act, and the Director General (Road Development) & Special Secretary
has not, within the reasonable time taken visible action to proceed against
such offence or reported it to the Chief Vigilance Officer, the Monitor may
also transmit this information directly to the Central Vigilance Commissioner.
(8) The word 'Monitor' would include both singular and plural.

Article – 9 Pact Duration

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

Article - 10 Other Provisions.

110
 (1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in
writing.
(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a
consortium Joint Venture partner, this pact must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive
to come to an agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to term of
this pact, any action taken by the Principal in accordance with this Pact or
interpretation thereof shall not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any other
legal action that may follow in accordance with the provision of the extent
law in force relating to any civil or criminal proceedings.

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

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

(Office Seal )

Place________
Date_________
Witness 1 : (Name & Address):

Witness 2 : (Name & Address):

{COUNTERSIGNED and accepted by:

JV Partner}

111
 Appendix-VII
(See Clauses 2.21)
FORM OF BANK GUARANTEE
[Performance Security/Additional Performance Security]
To
_____________________________________ [name of Authority]
_____________________________________ [address of Authority]

WHEREAS________________________________________[name and address of

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

AND WHEREAS the Contract requires the Contractor to furnish an {Performance

Security/ Additional Performance Security} for due and faithful performance of its
obligations, under and in accordance with the Contract, during the {Construction
Period/ Defects Liability Period and Maintenance Period} in a sum of Rs….. cr.
(Rupees ………..….. crore) (the “Guarantee Amount”2).
AND WHEREAS we, ………………….. through our branch at …………………. (the “Bank”)
have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by
way of Performance Security.

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

1. The Bank hereby unconditionally and irrevocably guarantees the due and
faithful performance of the Contractor’s obligations during the {Construction
Period/ Defects Liability Period and Maintenance Period} under and in
accordance with the Contract, and agrees and undertakes to pay to the
Authority, upon its mere first written demand, and without any demur,
reservation, recourse, contest or protest, and without any reference to the
Contractor, such sum or sums up to an aggregate sum of the Guarantee
Amount as the Authority shall claim, without the Authority being required to
prove or to show grounds or reasons for its demand and/or for the sum
specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank
of [Superintending Engineer of Ministry of Road Transport & Highways], that

2
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.
112
the Contractor has committed default in the due and faithful performance of
all or any of its obligations under and in accordance with the Contract shall be
conclusive, final and binding on the Bank. The Bank further agrees that the
Authority shall be the sole judge as to whether the Contractor is in default in
due and faithful performance of its obligations during and under the Contract
and its decision that the Contractor is in default shall be final and binding on
the Bank, notwithstanding any differences between the Authority and the
Contractor, or any dispute between them pending before any court, tribunal,
arbitrators or any other authority or body, or by the discharge of the
Contractor for any reason whatsoever.

113
3. In order to give effect to this Guarantee, the Authority shall be entitled to act
as if the Bank were the principal debtor and any change in the constitution of the
Contractor and/or the Bank, whether by their absorption with any other body or
corporation or otherwise, shall not in any way or manner affect the liability or
obligation of the Bank under this Guarantee.

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

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

6. This Guarantee is in addition to and not in substitution of any other guarantee

or security now or which may hereafter be held by the Authority in respect of or
relating to the Contract or for the fulfillment, compliance and/or performance of all
or any of the obligations of the Contractor under the Contract.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank

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

114
8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand
or claim under this Guarantee is made in writing before expiry of the Guarantee, the
Bank shall be discharged from its liabilities hereunder.

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

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

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

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

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

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

$
Insert date atleast 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause 2.21 of the
RFP). The Contractors can submit the BG for periods of two years at one time and keep on renewing the same till the DLP
is over if they have problems in getting the BG in one go for the entire DLP.

115
116
 Appendix-VIII
(See Clauses 3.3.4)
Format of LOA
No.________________________
Government of India
Ministry of Road Transport & Highways
(____________ Section)
Transport Bhawan, 1, Parliament Street, New Delhi – 110001

Dated,
To,

{Name of selected Bidder}

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

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

Sir,
This is to notify you that your Bid dated ………… for execution of the {project
description}, at your quoted bid price amounting to Rs. ……………./- {amount in
words} has been determined to be the lowest evaluated bid and is substantially
responsive and has been accepted.

2. You are requested to return a duplicate of the LOA as an acknowledgement and

sign the Contract Agreement within the period prescribed in Clause 1.3 of the
RFP.

3. You are also requested to furnish Performance Security for an amount of

…………………. {and Additional Performance Security for an amount of
……………………….} as per Clause 2.21 of the RFP within 30 (thirty) days of receipt
of this Letter of Acceptance (LOA). In case of delay in submission of Performance
Security and Additional Performance Security, if any, you may seek extension of
time for a period not exceeding 60 (Sixty) days in accordance with Clause 2.21 of
RFP.
4. In case of failure of submission of Performance Security, Additional Performance
Security (if any) and Security against Damages (if any) within the additional 60
(Sixty) days time period, the award shall be deemed to be cancelled and Bid
security shall be encashed by the Authority as per Clause 2.21 of the RFP.

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 Yours faithfully,

{authorized signatory}
Accepted by

(Name of the Authorized person)

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

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 Appendix-VIII
(See Clauses 2.2.1 (d))
(To be on the letter head of the Bidder/ Each Member of the Joint Venture)
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs)

To
_____________________________________ [name of Authority]
_____________________________________ [address of Authority]

Subject: {Project Name}

Sir,
With reference to your RFP document dated *** **$, I/we, having examined the
Bidding Documents and understood their contents, hereby undertake and confirm
as follows:

“I have read the clause regarding restrictions on procurement

from a bidder of a country which shares a land border with India
and on sub-contracting to contractors from such countries; I
certify that this bidder is not from a country or, if from such a
country, has been registered with the Competent Authority as
defined in Public Procurement Order no. F.no.6118/2019- PPD
dated 23rd July 2020. I hereby certify that this bidder fulfils all
requirements in this regard and is eligible to be considered.”

Yours faithfully,

{authorized signatory}

Notes:
{Where applicable, evidence of valid registration by the Competent Authority
shall be attached}
In case the above certification is found to be false, this would be a ground for
immediate rejection of Bid/termination and further legal action in
accordance with law.

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 APPENDIX - X
Surety Bond for Bid Security
(Refer Clause 2.20)
S.B. No. Dated:

1. In consideration of you, ______________{Authority}__________ having its office

at __________________________________________________ (hereinafter
referred to as the "Authority", which expression shall unless it be repugnant to
the subject or context thereof include its, successors and assigns) having agreed
to receive the Bid of ______________{Bidder}_______________ and having its
registered office at _____________________ (and acting on behalf of its
Consortium) (hereinafter referred to as the "Bidder" which expression shall unless
it be repugnant to the subject or context thereof include its/their executors,
administrators, successors and assigns), for _______________{Project
Name}_______________ (hereinafter referred to as "the Project") pursuant to the
RFP Document dated __________ issued in respect of the Project and other
related documents including without limitation the draft concession/contract
agreement (hereinafter collectively referred to as "Bidding Documents"), we
____________{Name of the Surety Insurer}______________ having our registered
office at ____________________ and one of its branches
at______________________ (hereinafter referred to as the "Surety Insurer "), at
the request of the Bidder, do hereby in terms of Clause 1.2.4 read with Clause
2.20 of the RFP Document, irrevocably, unconditionally and without reservation
guarantee the due and faithful fulfilment and compliance of the terms and
conditions of the Bidding Documents (including the RFP Document) by the said
Bidder and unconditionally and irrevocably undertake to pay forthwith to the
Authority an amount of ___________________________ (hereinafter referred to
as the "Surety Bond") as our primary obligation without any demur, reservation,
recourse, contest or protest and without reference to the Bidder, if the Bidder
shall fail to fulfil or comply with all or any of the terms and conditions contained
in the said Bidding Documents.
2. Any such written demand made by the Authority stating that the Bidder is in
default of the due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Documents shall be final, conclusive and
binding on the Surety Insurer.
3. We, the Surety Insurer, do hereby unconditionally undertake to pay the amounts
due and payable under this Surety Bond without any demur, reservation,
recourse, contest or protest and without any reference to the Bidder or any other
person and irrespective of whether the claim of the Authority is disputed by the
Bidder or not, merely on the first demand from the Authority stating that the
amount claimed is due to the Authority by reason of failure of the Bidder to fulfil
and comply with the terms and conditions contained in the Bidding Documents
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 including failure of the said Bidder to keep its Bid open during the Bid validity
period as set forth in the said Bidding Documents for any reason whatsoever. Any
such demand made on the Bank shall be conclusive as regards amount due and
payable by the Surety Insurer under this Surety Bond. However, our liability
under this Surety Bond shall be restricted to an amount not exceeding
______________________.
4. This Surety Bond shall be irrevocable and remain in full force for a period of 180
(one hundred and eighty) days from the Bid Due Date and a claim period of 60
(sixty) days or for such extended period as may be mutually agreed between the
Authority and the Bidder, and agreed to by the Surety Insurer, and shall continue
to be enforceable till all amounts under this Surety Bond have been paid.
5. We, the Surety Insurer, further agree that the Authority shall be the sole judge
to decide as to whether the Bidder is in default of due and faithful fulfilment and
compliance with the terms and conditions contained in the Bidding Documents
including, Inter alia, the failure of the Bidder to keep its Bid open during the Bid
validity period set forth in the said Bidding Documents, and the decision of the
Authority that the Bidder is in default as aforesaid shall be final and binding on
us, notwithstanding any differences between the Authority and the Bidder or any
dispute pending before any Court, Tribunal, Arbitrator or any other Authority.
6. The Surety Bond shall not be affected by any change in the constitution or
winding up of the Bidder or the Surety Insurer or any absorption, merger or
amalgamation of the Bidder or the Surety Insurer with any other person.
7. In order to give full effect to this Surety Bond, the Authority shall be entitled to
treat the Surety Insurer as the principal debtor. The Authority shall have the
fullest liberty without affecting in any way the liability of the Surety Insurer
under this Surety Bond from time to time to vary any of the terms and conditions
contained in the said Bidding Documents or to extend time for submission of the
Bids or the Bid validity period or the period for conveying acceptance of Letter of
Award by the Bidder or the period for fulfilment and compliance with all or any
of the terms and conditions contained in the said Bidding Documents by the said
Bidder or to postpone for any time and from time to time any of the powers
exercisable by it against the said Bidder and either to enforce or forbear from
enforcing any of the terms and conditions contained in the said Bidding
Documents or the securities available to the Authority, and the Surety Insurer
shall not be released from its liability under these presents by any exercise by
the Authority of the liberty with reference to the matters aforesaid or by reason
of time being given to the said Bidder or any other forbearance, act or omission
on the part of the Authority or any indulgence by the Authority to the said Bidder
or by any change in the constitution of the Authority or its absorption, merger or
amalgamation with any other person or any other matter or thing whatsoever
which under the law relating to sureties would but for this provision have the
effect of releasing the Surety Insurer from its such liability.
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8. Any notice by way of request, demand or otherwise hereunder shall be
sufficiently given in writing or made if addressed to the Surety Insurer and sent
by courier or by registered post or by certified e-mail to the Surety Insurer at the
address or e-mail set forth herein.
9. We undertake to make the payment on receipt of your notice of claim on us
addressed to name of Surety Insurer along with branch address and delivered at
our above branch who shall be deemed to have been duly authorised to receive
the said notice of claim.
10. It shall not be necessary for the Authority to proceed against the said Bidder
before proceeding against the Surety Insurer and the Surety Bond herein
contained shall be enforceable against the Surety Insurer, notwithstanding any
other security which the Authority may have obtained from the said Bidder or any
other person and which shall, at the time when proceedings are taken against the
Surety Insurer hereunder, be outstanding or unrealised.
11. We, the Surety Insurer, further undertake not to revoke this Surety Bond during
its currency except with the previous express consent of the Authority in writing.
12. The Surety Insurer declares that it has power to issue this Surety Bond and
discharge the obligations contemplated herein, the undersigned is duly
authorised and has full power to execute this Surety Bond for and on behalf of
the Surety Insurer.
13. For the avoidance of doubt, the Surety Insurer's liability under this Surety Bond
shall be restricted to Rs. ______________________________. The Surety Insurer
shall be liable to pay the said amount or any part thereof only if the Authority
serves a written claim on the Surety insurer in accordance with paragraph 9
hereof, on or before ______________ [*** (indicate date falling 180 days after the
Bid Due Date)].
14. This Surety Bond shall also be operatable at our ………………….., branch at New
Delhi, from whom, confirmation regarding the issue of this Surety Bond or
extension/renewal thereof shall be made available on demand. In the
contingency of this Surety Bond being invoked and payment hereunder claimed,
the said branch shall accept such invocation letter and make payment of amounts
so demanded under the said invocation.
15. The Insurance Surety Bond shall be verified from the specific portal created for
this purpose.

Signed and Delivered by ………………..Company

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

(Signature of the Authorised Signatory)

(Official Seal)
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123
 APPENDIX-XI
(See Clauses 2.21)
FORM OF SURETY BOND
[Performance Security/Additional Performance Security]
To
________________________________{Authority}
__________________________________

WHEREAS___________________________[name and address of

Contractor]__________ (hereafter called the "Contractor") has undertaken, in
pursuance of Letter of Acceptance (LOA) No. __________Dated________ for
____________{Project Name}_______________ (hereinafter called the "Contract").

AND WHEREAS the Contract requires the Contractor to furnish an (Performance

Security/Additional Performance Security) for due and faithful performance of its
obligations, under and in accordance with the Contract, during the (Construction
Period/ Defects Liability Period and Maintenance Period) in a sum of _________Rs.
________ (Rupees………… crore) (the "Surety Bond amount").

AND WHEREAS we,………..through our branch at ........ (the "Surety Insurer") have
agreed to furnish this Surety Bond by way of Performance security.

NOW, THEREFORE, the Surety Insurer hereby, unconditionally and irrevocably,

guarantees and affirms as follows:

1. The Surety Insurer herby unconditionally and irrevocably guarantees the due
and faithful performance of the Contractor's obligations during the
(Construction Period/ Defects Liability Period and Maintenance Period under
and in accordance with the Contract, and agrees and undertakes to pay to the
Authority, upon its mere first written demand, and without any demur,
reservation, recourse, contest or protest, and without any reference to the
Contractor, such sum or sums up to an aggregate sum of the Surety Bond
Amount as the Authority shall claim, without the Authority being required to
prove or to show grounds or reasons for its demand and/or for the sum
specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank
of SE, that the Contractor has committed default in the due and faithful
performance of all or any of its obligations under and in accordance with the
Contract shall be conclusive, final and binding on the Surety Insurer. The

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 Surety Insurer further agrees that the Authority shall be the sole judge as to
whether the Contractor is in default in due and faithful performance of its
obligations during and under the Contract and its decision that the Contractor
is in default shall be final and binding on the Surety Insurer, notwithstanding
any differences between the Authority and the Contractor, or any dispute
between them pending before any court, tribunal, arbitrators or any other
authority or body, or by the discharge of the Contractor for any reason
whatsoever.

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

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

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

6. This Surety Bond is in addition to and not in substitution of any other Surety
Bond or security now or which may hereafter be held by the Authority in
respect of or relating to the Contract or for the fulfilment, compliance and/or
performance of all or any of the obligations of the Contractor under the
Contract.
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7. Notwithstanding anything contained hereinbefore, the liability of the Surety
Insurer under this Surety Bond is restricted to the Surety Bond Amount and
this Surety Bond will remain in force for the period specified in paragraph 8
below and unless a demand or claim in writing is made by the Authority on
the Surety Insurer under this Surety Bond all rights of the Authority under this
Surety Bond shall be forfeited and the Surety Insurer shall be relieved from its
liabilities hereunder.

8. The Surety Bond shall cease to be in force and effect on

________________________Unless a demand or claim under this Surety Bond
is made in writing before expiry of the Surety Bond, the Surety Insurer shall
be discharged from its liabilities hereunder.

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

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

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

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

13. This Surety Bond shall also be operatable at our___________________ branch

at New Delhi, from whom, confirmation regarding the issue of this Surety
Bond or extension/renewal thereof shall be made available on demand. In the
contingency of this Surety Bond being invoked and payment hereunder
claimed, the said branch shall accept such invocation letter and make

126
 payment of amounts so demanded under the said invocation.

14. The Insurance Surety Bond shall be verified from the specific portal created
for this purpose.

Signed and sealed this ________Day of___________2024 ______ at ____

_______________________

SIGNED, SEALED AND DELIVERED

For and on behalf of the bank by

(Signature)
(Name)
(Designation)
(Code Number)
(Address)

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