Government of India

Ministry of Road Transport & Highways Through

Chief Engineer (NH) Rajasthan Jaipur
Notice Inviting Bid
Bid No. /2025-26 Dated :

RFP for Construction of two lane with paved shoulder of Ghatol Bypass from km 133.250 to km
140.950 of NH-56 (old NH-113) on EPC mode in the State of Rajasthan.
The Ministry of Road Transport & Highways through Public Works Department, Govt. of Rajasthan
represented by its Chief Engineer P.W.D. NH Rajasthan, Jaipur is engaged in the development of
National Highways and as part of this Endeavour, it has been decided to undertake Construction of two
lane with paved shoulder of Ghatol Bypass from km 133.250 to km 140.950 of NH-56 (old NH-113)
on EPC mode in the State of Rajasthan.
The Ministry of Road Transport & Highways through Public Works Department, Govt. of Rajasthan
represented by its Chief Engineer P.W.D. NH Rajasthan, Jaipur now invites bids from eligible
contractors for the following project:
Estimated Completio
Maintenance
ICB Name of Cost n
State NH No. Period
No. Work Including Period
(Years)
GST(Crores) (Years)
Construction of two lane with
paved shoulder of Ghatol
56 (old Bypass from km 133.250 to km
Rajasthan 123.40 1.5 5
NH-113) 140.950 of NH-56 (old NH-113)
on EPC mode in the State of
Rajasthan.
The complete BID document can be viewed / downloaded from official portal of the CPPP
website https:// eprocure.gov.in/ eprocure /app from 03.04.2025 to 19.05.2025. (upto
11.00 Hrs. IST). Bidder must submit its Financial bid and Technical Bid at https://
eprocure.gov.in/eprocure/app on from 03.04.2025 to 19.05.2025. (upto 11.00 Hrs. IST).
Bids received online shall be opened on 20.05.2025 (after 11.00 hours IST) at the office of
SE PWD NH Circle, Udaipur.
Bid through any other mode shall not be entertained. However, Bid Security (As per
MoRTH, Circular No. NH-35014/20/2020-H-(part-II) (E-196330) dated 22.02.2022),
document fee, Power of Attorney and Joint Bidding Agreement etc. shall be submitted
Physically by the Bidder on or before 20.05.2025 (at 11.00 hours IST) at office of the SE
PWD NH Circle, Udaipur, Please note that the Ministry of Road Transport and Highways/
State PWD reserves the right to accept or reject all or any of the BIDs without assigning
any reason what so ever.
Officer In-charge
Officer In-charge
Chief Engineer (NH),
Room No. 201
P.W.D. Campus, Jacob Road
Rajasthan, Jaipur-302001
0141-2223557
[email protected]

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 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 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 what so ever.

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 in
cured in connection with or relating to its BID .All such costs and expenses will rem

ain 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 ,regard
less of the conductor out come of the Bidding Process.

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 GLOSSARY
Agreement As defined in Clause1.1.4
Authority As defined in Clause1.1.1
Bank Guarantee As defined in Clause2.20.1
BID(s) As defined in Clause1.2.2
Bidders As defined in Clause1.2.1
Bidding Documents As defined in Clause1.1.5
BID Due Date As defined in Clause1.1.5
Bidding Process As defined in Clause1.2.1
BID Security As defined in Clause1.2.4
BID Price or BID As defined in Clause1.2.6
Contractor As defined in Clause1.1.2
Construction Period As defined in Clause1.2.6
Conflict of Interest As defined in Clause2.2.1(c)
Defect Liability Period As defined in Clause1.2.6
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 Clause1.1.1
EPC Contract As defined in Clause1.1.2
Estimated Project Cost As defined in Clause1.1.3
Feasibility Report As defined in Clause1.2.3
Financial Capacity As defined in Clause 2.2.2.3(i)
Government Government of*********
Joint Venture As defined in Clause2.2.1
Jt. Bidding Agreement As defined in Clause2.1.11(f)
Lead Member As defined in Clause 2.1.11(c)
Lowest Bidder As defined in Clause1.2.6
LOA As defined in Clause3.3.4
Net Worth As defined in Clause 2.2.2.9(ii)
Performance Security As defined in Clause2.21.1
Additional Performance Security As defined in Clause2.21.1
Project As defined in Clause1.1.1
Re. or Rs. Or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause3.3.1
Technical Capacity As defined in Clause 2.2.2.2(i)
Tie BIDs As defined in Clause3.3.2
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.

3
 Government of India
Ministry of Road Transport & Highways Through
The Chief Engineer (Project Zone-I) –III Bihar
Notice Inviting Bid
SECTION 1
INTRODUCTION
1.1 Background
1.1.1 The Ministry of Road Transport & Highways/ National Highways Authority of India /
State Public Works Department/Border Road Organization represented by DG(RD)&SS /
Chairman / CE (NH) PWD State / DGBR (the “Authority”) is engaged in the development of
National Highways and as part of this endeavor, the Authority has decided to Construction of two
lane with paved shoulder of Ghatol Bypass from km 133.250 to km 140.950 of NH-56 (old NH-
113) on EPC mode in the State of Rajasthan.
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 the Length in Km Estimated Project Cost No of Years for
National Highway (In Rs. cr.) including completion of work
GST
NH-56 (old NH-113) 7.700 Km 123.40 1.5

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 rehabilitation, up-
gradation and augmentation of the existing carriageway to Four-lane with paved
shoulders] with new pavement, construction and/or rehabilitation of major and minor
bridges, culverts, Construction of road intersections, interchanges, RCC Drains with
RCC Cover, etc. and maintenance of the Project during the Defect Liability Period,
which shall be 5 years.
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specified in
the clause 1.1.1 above. The assessment of actual costs, however, will have to be made
by the Bidders.
1.1.4 The Agreement sets for 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 specified in
Clause 1.3 for submission of BIDs (the “BID Due Date”).

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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 who’s Technical Bids are responsive to eligibility and qualifications
requirements as per this RFP.

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

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

1.2.3 The complete Bidding Documents including the draft Agreement for the Project is
enclosed for the Bidders. The Feasibility Report / Detailed Project Report prepared by
the Authority/ consultants of the Authority (the "Feasibility Report/Detailed Project
Report") is also enclosed. The Feasibility Report / Detailed Project Report of the
Project is being provided only as a preliminary reference document by way of
assistance to the Bidders who are expected to carry out their own surveys,
investigations and other detailed examination of the Project before submitting their
Bids. Nothing contained in the Feasibility Report/Detailed Project Report shall be
binding on the Authority nor confer any right on the Bidders, and the Authority shall
have no liability what so ever 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 Bank Guarantee BID Security
amounting to Rs. 1.23 Cr. From a scheduled (As per MoRTH, Circular No. NH-
35014/20/2020-H-(part-II) (E-196330) dated 22.02.2022). The Bidder shall submit the
payment of cost of bid documents of Rs. 10000/- (Rupees Ten Thousand only)
through NTRP (Non-Tax Received Portal) portal (http://bharatkosh.gov.in/) to RPAO,
MORTH, Jaipur towards cost of Bid document

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.

5
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.

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
with draws or is not selected for what so ever 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. (Amendment in standard RFP issued by MoRTH vide letter no.
NH – 35014/35/2020-H-Part IInd dated 16.12.2021 in RW/NH-37010/4/2010-EAP
(printing) Vol-IV dated 05.03.2019)

1.2.8 (a) Ministry of Finance, Department of Expenditure, Public Procurement Division

Circular No. 6/18/2019-PPD dated 23.07.2020 and order (Public Procurement No. 2)
dated 23.07.2020 shall be followed as per Annexure -IX.

1.2.8 (b) If a Nodal Ministry is satisfied that Indian suppliers of an item are not allowed to
participate and/ or compete in procurement by any foreign government, it may, if it
deems appropriate, restrict or exclude bidders from that country from eligibility for
procurement of that item and / or other items relating to that Nodal Ministry. A copy of
every instruction or decision taken in this regard shall be sent to the Chairman of the
Standing Committee as per Para 10(d) of Ministry of Commerce and Industry and
Internal Trade (Public Procurement Section)’s circular no. P-45021/2/2017-PP(BE-II)
dated 4th June,2020 .

1.2.8 (c) For the purpose of sub-paragraph 1.2.8(b), supplier of bidder shall be considered to
be from a country if (i) the entity is incorporated in that country, or (ii) a majority of its
shareholding of effective control of the entity is exercised from that country; or (iii)
more that 50% of the value of the item being supplied has been added in that country.
Indian suppliers shall mean those entities which meet any of these tests with respect of
India as per Para 10 (e) of Ministry of Commerce and Industry and Internal Trade
(Public Procurement Section)’s circular no. P-45021/2/2017-PP(BE-II) dated 4th
June,2020.

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 Construction of two lane with paved
shoulder of Ghatol Bypass from km 133.250 to km 140.950 of NH-56 (old NH-113) on
EPC mode in the State of Rajasthan.
Through an Engineering, Procurement and Construction (the “EPC”) Contract".

6
 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-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 has not
submitted the aforesaid certification the bidder will be treated as ‘Non-Local
Supplier’.
In above pretext, the class-I local supplier, Class-II Local
supplier and the non Local supplier are defined as under:-
(i) Class-I local supplier means a supplier or service provider, whose goods,
services or work offered for procurement, meet the minimum local content as
prescribed for ‘Class-I local supplier’ under this RFP. The ‘local content’
requirement to categorize a supplier as ‘Class-I local supplier’ is minimum
50%.
(ii) ‘Class-II 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
local 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-I local
supplier’/ ‘Class-II local supplier’ shall provide a certificate from the statutory auditor
of the company (in case of companies) or from a practicing cost accountant or
practicing chartered accountant (in respect of supplier other than companies) giving the
percentage of local content. (Amendment in standard RFP issued by MoRTH vide
letter no. RW/NH-37010/4/2010-EAP(printing) Vol-IV dated 05.03.2019)

1.3 Schedule of Bidding Process

The Authority shall endeavor to adhere to the following schedule:

Sl. Event Description Date

No.
1. Invitation of RFP (NIT) 03.04.2025
2. Last date for receiving queries 25.04.2025 at 11.00 AM at SE,
PWD, NH, Circle Udaipur office
3. Pre-BID meeting at venue 2.11.4 (i)(SE PWD
25.04.2025 after 03.00 PM
NH Circle-Udaipur
4. Authority response to queries latest by 01.05.2025
5. Last date of Request for BID Document
19.05.2025 upto 11.00 AM
6 BID Due Date
19.05.2025 upto 11.00 AM

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Sl. Event Description Date
No.
7. Physical Submission of Bid Security,
(Appendix – II) document fee, Power of 20.05.2025 upto 11.00 AM at SE,
Attorney and Joint Bidding Agreement etc. at PWD, NH, Circle Udaipur office
venue SE, PWD NH,Circle Udaipur
8. Opening of Technical BIDs at venue 2.11.4(i)
20.05.2025 after 11.00 AM
SE, PWD NH,Circle Udaipur
9. Declaration of eligible / qualified Bidders Will be declared later
10. Opening of Financial BID Will be declared later
11. Letter of Acceptance (LOA) Will be declared later NIT]
12. Return of signed duplicate copy of LOA Will be declared later NIT]
13. Validity of BID 120 days from BID Due Date
14. Submission of Performance Security (PS) Within 30 days of receipt of
and Additional Performance Security LOA. (The bidder has the
(APS), if any option to provide 50% of PS
and APS, if any within 30
days of receipt of LOA and
the remaining PS and APS, if
any to be provided within 30
days of signing of agreement)

15. Signing of Agreement Within 10 days from the

receipt of Performance
Security and Additional
Performance Security, if any
16 Tender Fee (ONLINE Payment through 10000/- (Ten Thousand Only)
BHARAT KOSH

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 SECTION-2
INSTRUCTIONS TO BIDDERS
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 maybe.
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 full filled.
2.1.3 Not with standing anything to the contrary contained in this RFP, the detailed
terms specified in the draft Agreement shall have over riding effect; provided,
however, that any conditions or obligations imposed on the Bidder here under
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 there of or here in 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 ie.
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 for mat of Financial Bid and It will be signed by the
Bidder’s authorized 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, authorizing 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 favor of the Lead Member in the format at Appendix-IV.
And joint bidding agreement in the format at Appendix-V
2.1.7 Any condition or qualification or any other stipulation contained in the BID
shall render the BID liable to rejection as a non-responsive BID.
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.

9
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 clause2.2.

2.1.11 In case the Bidder is a Joint Venture, it shall comply with the following
additional requirements:
(a) Number of members in a Joint Venture shall not exceed 3(Three);
(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;
(c) Members of the Joint Venture shall nominate one member as the lead
member (the “Lead Member”). Lead Member shall met at least 60%
requirement of Bid Capacity, Technical and Financial Capacity, required as
per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3. The nomination(s) shall be
supported by a Power of Attorney, as per the format at Appendix-III,
signed by all the other Members of the Joint Venture. Other Member(s)
shall meet at least 20% requirement of Bid Capacity, Technical and
Financial Capacity required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3 and
the JV as a whole shall cumulatively/collectively fulfil the 100%
requirement;

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

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

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

10
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) (1) 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 favor 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 transfer entity exceeds 50% or above, any
such transfer of equity capital shall be with the prior approval of the competent
authority from national security and public interest perspective as per the
instructions of the Government of India applicable at such point in time.
(2) The holding or acquisition of equity control, as above shall include direct or
indirect holding, acquisition, including by transfer of the direct or indirect legal
or beneficial ownership or control, by persons acting for themselves or in concert
and in determining such holding or acquisition, the Authority shall be guided by
the principles, precedents and definitions contained in the Securities and
Exchange Board of India (Substantial Acquisition of Shares and Takeovers)
Regulations, 2011, or any substitute thereof, as in force on the date of such
acquisition.
(3) The Bidder shall promptly inform the authority of any change in the
shareholding, as above, and failure to do so shall render the Bidder liable for
disqualification from the Bidding process.
(4) In case the L-1 Applicant under (a) above is denied the security clearance,
for whatsoever reasons, then the applicants emerging as L-2, L-3 eligible Bidders
(in that order) may be given a counter-offer (one by one sequentially) to match
the bid of L-1 applicant/preferred Bidder. In the event of acceptance of the
counter-offer by another eligible Bidder, the project may be awarded to such
Bidder. In case no applicant matches the bid of the L-1 applicant, the bid process
shall be annulled and fresh bids invited.

2.1.13 Notwithstanding anything to the contrary contained herein, in the event that the Bid
Due Date falls within three months of the closing of the latest financial year of a
Bidder, it shall ignore such financial year for the purpose so fits 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 here under, 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 members, should not
be an on-performing party on the bid submission date. The Bidder, including any
Joint Venture Member, shall be deemed to be an on-performing party7 (not
applicable to the project whose contract is terminated by the Authority) if it attracts

11
 any or more of the following parameters:
(i) Fails to complete or has missed more than two milestones in already awarded
two or more projects, even after lapse of 6 months from the scheduled
completion date, unless Extension of Time has been allowed on the
recommendations of the Independent Engineer due to Authority's default;
(ii) Fails to complete a project, as per revised schedule, for which One Time
Fund Infusion (OTFI) has been sanctioned by the Authority;
(iii) Physical progress on any project is not commensurate with the funds released
(equity + debt + grant) from the escrow account and such variation is more
than 25% in last one year as observed by the Independent Engineer in one or
more projects;
(iv) Punch List Items in respect of any project are pending due to Bidder's default
in two or more Projects even after lapse of the prescribed time for completion
of such items;
(v) Fails to fulfill its obligations to maintain a highway in a satisfactory condition
in spite of two rectification notices issued in this behalf;
(vi) Fails to attend to Non Conformity Reports (NCRs) issued by the
Independent/ Authority’s Engineer on the designs/ works constructed by the
Bidder pending for more than one year in two or more projects.
(vii) Fails to make premium payments excluding the current installment in one or
more projects.
(viii) Damages/Penalties recommended by the Independent/Authority’s Engineer
on the Bidder during O&M period and the remedial works are not taken up in
two or more projects.
(ix) Fails to achieve financial closure in two or more projects within the given or
extended period (which shall not be more than six months in any case).
(x) Fails to submit the Performance Security with in the permissible period in
more than one project(s).
(xi) Rated as an unsatisfactory performing entity/ non-performing entity by an
independent third party agency and so notified on the website of the
Authority.
(xii) Has Failed to perform for the works of Expressways, National Highways, ISC
&EI works in the last 2(two) years, as evidenced by imposition of a penalty
by an arbitral or judicial authority or a judicial pronouncement or arbitral
award against the Bidder, including individual or any of its Joint Venture
Member, as the case may be.
7
Sub-clauses(i) to (xi) under this Clause would be applicable only when the Contractor attracts these defaults on the bid
submission date. The day the Contractor cures the said defaults and becomes compliant he would be eligible to participate in
bids received after such date.
(xiii) Has been expelled or the contract terminated by the Ministry of Road
Transport & Highway so its implementing agencies for breach by such
Bidder, including individual or any of its Joint Venture Member; Provided
that any such decision of expulsion or termination of contract leading to

12
 debarring of the Bidder from further participation in bids for the prescribed
period should have been ordered after affording an opportunity of hearing to
such party.

The Bidder, including individual or each member of Joint Venture, shall give the list of
the projects of Expressways, National Highways, ISC and EI works of Ministry of Road
Transport & Highways or its implementing agencies (NHAI/ NHIDCL/State PWDs) and
the status of above issues in each project as on the bid submission date and undertake that
they do not attract any of the above categories (Ref. Sr. No.6, Annex-I of Appendix –IA).
The Bidder including individual or any of its Joint Venture Member may provide
(i) Details of all their on-going projects along with updated stage of litigation, if
so, against the Authority /Governments;
(ii) Details of updated on-going process of black listing 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

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 (Amendment in
standard RFP issued by MoRTH vide letter no. NH – 35014/35/2020-H-Part IInd
dated 16.12.2021 in RW/NH-37010/4/2010-EAP(printing) Vol-IV dated 05.03.2019)

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 the Government procurement in India for all item related
to Ministry of Road Transport & Highways, Expect for the list of items published by
the ministry of road transport & Highway’s permitting their participation.
(Amendment in standard RFP issued by MoRTH vide letter no. NH – 35014/35/2020-
H-Part IInd dated 16.12.2021 in RW/NH-37010/4/2010-EAP (printing) Vol-IV dated
05.03.2019)

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 here in 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 up to 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

13
 consideration subject to the conditions set out in Clause 2.1.11above.
(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 there of (or
any constituent there of ) 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 there of (or any shareholder there of 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 in situation referred to in
section 4A of the Companies Act 1956. For the purposes of this Clause
2.2.1(c), indirect shareholding held through one or more intermediate
persons shall be computed as follows: (aa) where any intermediary is
controlled by a person through management control or otherwise, the entire
shareholding held by such controlled intermediary in any other person (the
“Subject Person”) shall be taken into account for computing the
shareholding of such controlling person in the Subject Person; and (bb)
subject always to sub-clause (aa) above, where a person doesn’t 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 there of receives or has
received any director indirect subsidy, grant, concessional loan or
subordinated debt from any other Bidder, or any of its Joint Venture
Member there of 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 the mina
position to have access to each other’s’ information about, or to influence
the Application of either or each other; or

14
(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 the bidder from a country which shares a land
border with India the following shall apply:- (Amendment in standard RFP
issued by MoRTH vide letter no. RW/NH-37010/4/2010-EAP(printing)
Vol-IV dated 05.03.2019)
(i) Any bidder from the 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 the order (public Procurement No.01) issued by
Ministry of Finance, Department of Expenditure Public Procurement Division
vide F.No. 6/18/2019-PPD, Dated 23 july 2020, which shall from an integral
part of RFP and DCA(Copy Enclosed).
(ii) “Bidder from a country which shares a land border with India” means:
(a) An entity incorporated , established or registered in such country, or
(b) A subsidiary of an entity incorporated , established or registered 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 country ; or
(e) An Indian (or other) agent of such an entity: or
(f) A natural person who is a citizen of such 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 Company or Limited liability partnership, the beneficial
owner is natural person (s), who, whether acting alone or together ,
or through one or more judicial person , has controlling ownership
interest or who exercise control through other means.
Explanations:-
a) “Controlling Ownership Interest” means ownership of or
entitlement to more than twenty five percent of shares of 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 agreements or voting
agreements;
2. In case of Partnership firm , the beneficial owner is the natural
person(s) who, whether acting alone or together, or through 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 alone 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 position of
senior managing officials;
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

15
 chain of control or ownership.
(iv) An agent is a person employed to do any act for another, or to represent
another in dealing 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 subcontracting 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.6/18/2019-PPD dated
23rd July 2020. I here by certify that this bidder fulfills 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
shall not be a relevant consideration during contract execution.

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

Bidders who interalia meet the minimum qualification criteria will be qualified only if
their available BID capacity is more than the total BID value (value as per Clause
1.1.1). The available BID capacity will be calculated as per following, based on
information mentioned at Annexure-VI of Appendix - IA:
Assessed Available BID capacity = (A*N*2.5 – B + C), Where

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

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

received, if any, in respect of EPC Projects executed in any one year during the last five
years (updated to the price level of the year indicated in table at Note- 3 below) taking
into account the completed as well as works in progress. The EPC Projects include
turn key 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 on the day before opening the Financial Bid
Shall also be considered while calculating value of B. . (Amendment in standard RFP issued

16
 by MoRTH vide letter no. NH – 35014/35/2020-H-Part IInd dated 16.12.2021 in RW/NH-
37010/4/2010-EAP (printing) Vol-IV dated 05.03.2019)
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 the 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 / Authorized Signatory of SPV in respect of BOT Projects and
verified by Statutory Auditor. (Amendment in standard RFP issued by MoRTH
vide letter no. NH – 35014/35/2020-H-Part IInd dated 16.12.2021 in RW/NH-
37010/4/2010-EAP(printing) Vol-IV dated 05.03.2019)

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 up-dation to the price level is indicated asunder:
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation factor 1.00 1.05 1.10 1.15 1.20
4. The Bid Capacity status of the bidder to be updated as on the day before opening
the financial bids. (Amendment in standard RFP issued by MoRTH vide letter no.
NH – 35014/35/2020-H-Part IInd dated 16.12.2021 in RW/NH-37010/4/2010-
EAP(printing) Vol-IV dated 05.03.2019)

2.2.2.2 Technical Capacity

(i) For demonstrating technical capacity and experience (the “Technical

Capacity”), the Bidder shall, over the past [5 (five)] financial years preceding
the Bid Due Date, have received payments for construction of Eligible Project(s),
or has under taken 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 Rs. 123.40 Cr (1.0 times EPC cost) (the “Threshold Technical
Capacity”). Ref. MoRTH letter No. NH-35014/35/2020-H (Part-IV) dated
31.05.2022 [Amendment Enclosed]
1
5 years in case of normal highway projects & 10 years in case of standalone specialized
projects.
2
This amount should be as follows:
(A) For Normal highway project:
Sl. No Estimated Project Cost (EPC) of the Project being invited Threshold Technical
Capacity
1 Estimated Project Cost< = 100 Crore of normal highway 0.75 time of EPC
project
2 Estimated Project Cost> 100 Crore&< = 500 Crore of 1.0 times of EPC
normal highway project
3 Estimated Project Cost> 500 Crore of normal highway 1 times of EPC

17
 project

(B) For Stand-alone specialized projects:

Sl. No Estimated Project Cost (EPC) of the Project being invited Threshold Technical
Capacity
1 Estimated Project Cost< = 100 Crore 0.75 time of EPC
2 Estimated Project Cost> 100 Crore&< = 500 Crore 1.0 times of EPC
3 Estimated Project Cost> 500 Crore 1 times of EPC
4 Estimated Project Cost> 1000 Crore 1.0 time of the estimate
Project cost or Rs. 1000
crore, whichever is less
5 Estimated Project Cost> 1000 Crore of stand-alone 1.0 time of the estimate
specialized projects project cost or Rs. 1000
crore, whichever is less

(ii) For Normal Highway projects (including Major Bridges/ROB Flyovers /

Tunnels): Ref. MoRTH letter No. NH-35014/35/2020-H (Part-IV) dated
31.05.2022 [Amendment Enclosed]

Provided that at least one similar work of 20% of Estimated Project Cost [Rs.24.68 Cr)] shall
have been completed from the Eligible Projects in Category 1 and/or Category 3 specified in
Clause 2.2.2.5. For this purpose, a project shall be considered to be completed, if more than
90% of the value of work has been completed and such completed value of work is equal to or
more than 20% of the estimated project cost. 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
(b) Widening/reconstruction/up-gradation works on MDRs with loan assistance from
multilateral agencies or on BOT basis.
(c) Widening/reconstruction/up-gradation works on roads in Municipal corporation
limits, construction of bypasses.
(d) Construction of Standalone bridges, ROBs, Tunnels.
(e) Construction/ reconstruction of linier projects like airport runways, railways
(construction/reconstruction of railway tracks, yards of keeping containers etc.)
metro rail & Ports (including construction & re-construction of jetties)

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 10 (Ten) financial years preceding 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 60m, no

additional qualification is required.

(b) When longest span is more than 60m: 50% of the longest span or 100m,
whichever is less, of the structure proposed in this project

(c) In case Tunnel is part of project having length less than or equal to 200m, no
additional qualification is required.

18
 (d) When length of tunnel is more than 200m: 50% of the cross sectional area of
proposed tunnel or two lane highway tunnel cross sectional area, which ever is
less and 20% length of the tunnel to be constructed in this project or 2 km,
whichever is less. For the purpose of requirement, tunnel may have single/twin
tubes for roads /railways/metro rail /irrigation/hydroelectricity projects etc.

(iii) For stand -alone specialized projects:-

(a) Major Bridges/ROB/Flyovers projects:
(a1) In case the cost of specialized project is less than or equal to Rs. 1,000
Cr: The Bidder shall have completed at least one similar Major
Bridge/ROB/Flyover project in the last 10 (Ten) financial years preceding the
Bid Due Date, having span equal to or greater than 50% of the longest span or
100m, whichever is less of the structure proposed in this project and also the cost
of such similar project shall be at least 20% of the Estimated Project Cost. For
this purpose, a project shall be considered to be completed, if more than 90% of
the value of work has been completed and such completed value of work is
equal to or more than 20% of the Estimated Project Cost.
(a2) In case the cost of specialized project is more than Rs. 1,000 Cr: The
Bidder shall have completed at least one similar Major Bridge/ ROB/ Flyover
project in the last 10 (Ten) financial years preceding the Bid Due Date, having
span equal to or greater than 50% of the longest span of the structure proposed in
this project or 100m, whichever is less, and also the cost of such similar project
shall be at least 20% of the Estimated Project Cost or Rs. 1000Cr. whichever is
less. For this purpose, a project shall be considered to be completed, if more than
90% of the value of work has been completed and such completed value of work
is equal to or more than 20% of the Estimated Project Cost or Rs. 1000 Cr.,
whichever is less.
(b) Tunnel project: The Bidder shall have completed at least one tunnel project in
the last 10 (Ten) financial years preceding the Bid Due Date, consisting of single
or twin tubes (including tunnel(s) for roads/Railway/Metro
rail/irrigation/hydro-electric projects etc.) having at least 50% of the cross-
sectional area of the tunnel to be constructed or cross sectional area of 2 lane
highway tunnel, whichever is less and 20% length of the tunnel to be
constructed in this project or 2 km, whichever is less and the cost of such project
shall be atleast 20% of the Estimated Project Cost or Rs. 1000Cr. whichever is
less. For this purpose, a project shall be considered to be completed, if more
the length 90% of the value of work has been completed and such completed
value of work is equal to or more than 20% of the Estimated Project Cost or
Rs. 1000Cr. whichever is less
iv The up dation 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 factor 1.00 1.05 1.10 1.15 1.20

2.2.2.3 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of Rs.
6.17 Cr (5% of EPC) at the close of the preceding financial year. Ref. MoRTH
letter No. NH-35014/35/2020-H dated 2.11.2020 [Amendment Enclosed]

19
 (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 Rs.18.51Cr.
(15% of EPC) for the last 5 (five) financial years. Ref. MoRTH letter No. NH-
35014/35/2020-H dated 2.11.2020 [Amendment Enclosed]
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation factor 1.00 1.05 1.10 1.15 1.20

2.2.2.4 In case of a Joint Venture: Ref. MoRTH letter No. NH-35014/35/2020-H (Part-IV)
dated 31.05.2022 [Amendment Enclosed]
(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
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 should have been completed from the Eligible Projects in Category1
and/or Category 3 individually by any of the JV members as a single work. Ref.
MoRTH letter No. NH-35014/35/2020-H (Part-IV) dated 31.05.2022
[Amendment Enclosed]

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 inClauses2.2.2.6 (i)
&(ii) (the "Eligible Projects"). In case the Bidder has experience across
different categories, the experience for each category would be computed as per
weight of following factors to arrive at its aggregated Eligible Experience

Category Project / Construction experience on Eligible Projects Factors

1 Project in highways sector that qualify under 1

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

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

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

20
 (iii) For the purpose of this RFP:
(a) Highways sector would be deemed to include highways, expressways,
bridges, tunnels, runways, railways (construction/re-construction of railway
tracks, yards for keeping containers etc.) metro rail and ports (including
construction/re-construction cost of Jetties, any other linear infrastructure
including bridges etc.);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, irrigation,
water supply, stadium, hospitals, hotel, smart city, ware houses/Silos, oil
and gas and real estate development. Core sector will also include the
projects with the title of RIDF, PMGSY Roads, link road, city roads, rural
roads, sector/municipality road, real estate projects which demonstrate road
development/construction bridges or culverts Ref. MoRTH letter No. NH-
35014/35/2020-H (Part-IV) dated 31.05.2022 [Amendment Enclosed]

(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(ii). In case Statutory Auditor certifies that, the work of other member(s) is
also executed by the applicant, then the total share executed by applicant can be
considered for determining eligibility as per provision under clause 2.2.2.2.

(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 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/hospitals, etc., or not specified, shall not be considered.
However, such maintenance works shall be considered as eligible project sin case
of Maintenance works to be taken up on EPC mode. Ref. MoRTH letter No.
NH-35014/35/2020-H (Part-IV) dated 31.05.2022 [Amendment Enclosed]

(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 single completed
works [2.2.2.2 (ii)]. However, such work shall be considered for single
completed works [2.2.2.2 (i)] in case of Maintenance works to be taken up on
EPC mode.

(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:

21
 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 percent) equity during the entire year for
which Eligible Experience is being claimed;

c) The capital cost of the project should be more than 5% of the amount specified as
the Estimated Project Cost; and Ref. MoRTH letter no. NH-35014/35/2020-H dated
2.11.2020 (Amendment closed)

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

(ii) For a project to qualify as an Eligible Project under Categories 3 and 4, the Bidder
should have received payments from its client(s) for construction works executed,
fully or partially, or work executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer during the 5(five) financial years
immediately preceding the Bid Due Date, and only the amounts (gross) actually
received/ work executed, during such 5 (five) financial years shall qualify for
purposes of computing the Experience Score. However, receipts of or work-executed
amount less than Rs.6.17 Cr (5% of EPC) shall not be reckoned as receipts for
Eligible Projects. For the avoidance of doubt, construction works shall not include
supply of goods or equipment except when such goods or equipment form part of a
turn-key construction contract / EPC contract for the project. Further, the cost of
land and also cost towards pre- construction activities (like shifting of utilities etc.)
shall not be included hereunder.

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

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

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

22
 as per format at Annex-II of Appendix-IA.
(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 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.
$
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 Clause2.2.2.9(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.
2.3 Proprietary data

All documents and other information supplied by the Authority or submitted by a Bidder
totheAuthorityshallremainorbecomethepropertyoftheAuthorityandaretransmitted to the
Bidders solely for the purpose of preparation and the submission of a BID in

23
 accordance here with. Bidders are to treat all in formation 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 there with.

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
familiarize themselves with the Project within the stipulated time of submission of the
Bid. No extension of time is likely to be considered for submission of Bids.

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

a) made a complete and careful examination of the Bidding Documents, Schedules
annexed to EPC agreement Document;
b) received all relevant information requested from the Authority;
c) Accepted the risk of inadequacy, error or mistake in the information provided in
the Bidding Documents or furnished by or on behalf of the Authority relating to
any of the matters referred to in Clause2.5.1 above. No claim shall be admissible
at any stage on this account.
d) satisfied itself about all matters, things and information including matters referred
to in Clause 2.5.1 hereinabove necessary and required for submitting an informed
BID, execution of the Project in accordance with the Bidding Documents and
performance of all of its obligations there under;
e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness
of information provided in the Bidding Documents or ignorance of any of the
matters referred to in Clause 2.5.1 hereinabove shall not be a basis for any claim
for compensation, damages, extension of time for performance of its obligations,
loss of profits etc. from the Authority, or a ground for termination of the
Agreement by the Contractor;
f) acknowledged that it does not have a Conflict of Interest; and
g) Agreed to be bound by the undertakings provided by it under and in terms hereof.
2.5.3 The Authority shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning or relating
to RFP, including any error or mistake therein or in any information or data given by
the Authority.

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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
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, not with standing any thing 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 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 sub sequent 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

25
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 what so ever to the Selected Bidder or
Contract or 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.

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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 accordance with
Clause2.9.

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
IV Joint Bidding Agreement for Joint Venture
V Integrity Pact Format
VI Form of Bank Guarantee (For Performance Security)
VII Format of LOA

Part –II
Agreement Document with schedules

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

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

2.8 Clarifications

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

2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications
sought by the Bidders. However, the Authority reserves the right not to respond to any

27
 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.

28
C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

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

2.10.2 The BID shall be typed and signed in indelible blue ink by the authorized signatory of the
Bidder. All the alterations, omissions, additions or any other amendments made to the
BID shall be initiated 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
f) Bid security amounting to Rs. 1.23 Cr. in the form of Bank Guarantee in the format at
Appendix-II from a scheduled Bank.
g) The Bidder shall submit the payment of Rs. 10000/- (Rupees Ten Thousand only)
through NTRP (Non-Tax Received Portal) portal (http://bharatkosh.gov.in/) to PAO
MORTH, Jaipur ”towards cost of Bid document
h) Deleted;
i) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP (Printing) dated 22.02.2016 and its subsequent amendments
if any, issued by MoRTH (Appendix-VI) regarding Integrity Pact (IP) and the
Integrity Pact (IP) duly signed by Authorized 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 MoRTH/NHAI and amendments

29
 uploaded, if any; and
k) Annexure-VIII of Appendix – IA showing details of all ongoing projects 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 5years.
n) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online through e-
procurement portal on or before 11.00 AM IST on 19.05.2025
Financial Bid

Self-Certification
2.11.1 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 locations at which the local value addition is made. In case bidder do not
submit a foreside certification, the bidder will summarily treated as “non Responsive.”
In case of procurement for a value in excess of Rs. 10 crores, the Class-I 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 supplier other than companies) giving the percentage of Local Content upon
Construction. (Amendment in standard RFP issued by MoRTH vide letter no. NH –
35014/35/2020-H-Part IInd dated 16.12.2021 in RW/NH-37010/4/2010-EAP (printing) Vol-IV
dated 05.03.2019)

2.11.2 The Bidder shall submit the following documents physically SE PWD NH Circle,
Udaipur

a) Original Power of Attorney for signing the BID as per format at Appendix-III;

b) if applicable, Original Power of Attorney for Lead Member of Joint Venture as per the
format at Appendix-IV;

c) if applicable, Original Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;

d) Bid security Amounting to Rs. 1.23 Cr. in the form of Bank Guarantee in the format at
Appendix-II from a scheduled Bank.
€) The Bidder shall submit the payment of. Rs. 10000/- (Rupees Ten Thousand only)
through NTRP (Non-Tax Received Portal) portal (http://bharatkosh.gov.in/) to PAO
MORTH, Jaipur ”towards cost of Bid document

F;- Deleted

G;- Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP (Printing) dated 22.02.2016 and its subsequent amendments if
any issued by MoRT&H (Appendix-VI) regarding Integrity Pact (IP) and the Integrity
Pact (IP) duly signed by Authorized signatory shall be submitted by the Bidder with the
RFP Bid & shall be part of the Contract Agreement; and

H;-An undertaking from the person having PoA referred to in Sub. Clause-(a) above that they
30
 agree and a bid by the Bid documents uploaded by MoRT&H/NHAI and amendments
uploaded, if any

2.11.3 The documents listed at clause 2.11.2 shall be placed in an envelope, which shall
be sealed. The envelope shall clearly bear the identification “BID for the Construction of two
lane with paved shoulder of Ghatol Bypass from km 133.250 to km 140.950 of NH-56 (old
NH-113) on EPC mode in the State of Rajasthan 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: Mr. Udai Singh Jarwal,

DESIGNATION: Superintending Engineer

ADDRESS: PWD NH Circle, Udaipur

9214659117
PHONE NO:

E-MAIL ID: [email protected],

[email protected]

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

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 11.00 hrs IST on 03.04.2025 to 19.05.2025. Documents
listed at Clause 2.11.2 of the RFP shall be physically submitted on or before 11.00
hours IST on 20.05.2025 at the address provided in Clause 2.11.4 in the manner and form
as detailed in this RFP. A receipt there of 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 clause2.12.Physical receipt of
documents listed at clause 2.11.2 of the RFP after the prescribed date and time at clause
2.12 shall not be considered and the bid shall be summarily rejected.

31
2.14 Procedure for e-tendering
2.14.1 Accessing/ Purchasing of BID documents
2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate (DSC)
(in the
name of Authorized Signatory / Firm or Organization / Owner of the Firm or
Organization) from any of the licensed Certifying Agency (Bidders can see the list of
licensed CAs from the link www.cca.gov.in) to participate in e-tendering of MoRT&H/
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 favor of Authorized
Signatory. It should be in corporate capacity (that is in Bidder capacity / in case of JV in
the Lead Member capacity, as applicable). The Bidder shall submit document in support
of the class III DSC. In other cases, the bid shall be considered Non- responsive.

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

(a) Registration with e-procurement portal should be valid at least up to the date of
submission of BID.
(b) BIDs can be submitted only during the validity of registration.

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

2.14.1.3 If the firm / Joint Venture is already registered with e-tendering service provider, and
validity of registration is not expired, 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 from 03.04.2025 to 19.05.2025
(up to 11.00 Hrs. IST).
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 guide lines fore-procurement a real so available one-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.

32
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 authorized
representative of the Bidder on or before 19.05.2025 (up-to 11.00 hours IST).
2.14.3 Modifications/ Substitution/ withdrawal of BIDs

2.14.3.1 The Bidder may modify, substitute or with draw 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 port a
land upload/resubmit digitally signed modified BID. For withdrawal of BID, Bidder has to
click on withdrawal icon at e-procurement portal and can withdraw its e-BID. Before
withdrawal of a BID, it may specifically be noted that after withdrawal of a BID for any
reason, Bidder cannot re-submit e-BID again.

2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The Ministry/NHAI/NHIDCL/State PWD shall on-line open Technical BIDs 20.05.2025
after 11.00 hours IST, in the presence of the authorized representatives of the Bidders,
who choose to attend. Technical BID of only those Bidders shall be online opened whose
documents listed at clause 2.11.2 of the RFP have been received physically. The
MoRT&H/ NHAI/NHIDCL/State PWD 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 Not with standing 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 BID share
under.

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

33
 Information relating to the examination, clarification, evaluation and recommendation for
the Bidders shall not be disclosed to any person who is not officially concerned with the
process or is not a retained professional advisor advising the Authority in relation to, or
matters arising out of, or concerning the Bidding Process. The Authority will treat all
information, submitted as part of the BID, in confidence and will require all those who
have access to such material to treat the same in confidence. The Authority may not
divulge any such information unless it is directed to do so by any statutory entity that has
the power under law to require its disclosure or is to enforce or assert any right or privilege
of the statutory entity and/ or the Authority or as may be required by law or in connection
with any legal process.

2.19 Correspondence with the Bidder

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

D. BID SECURITY
2.20 BID Security

2.20.1 The Bidder shall furnish as part of its BID, a BID Security referred to in Clause1.2.4 herein
above in the form of a 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 favor 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
acclaim period of 60 (sixty) days, and may be extended as may be mutually agreed
between the Authority and the Bidder from time to time. This Bank Guarantee shall be
transmitted through SFMS Gateway to [Ministry/NHAI/NHIDCL/State PWD/BRO]’s
Bank. In case the Bank Guarantee is issued by a foreign bank out side India, confirmation
of the same by any nationalized 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 Bank Guarantee shall be uploaded on e-
procurement 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.
34
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 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 (AS per MORTH Circular NH37015/01/2022-H Dated 18.05.2022.
& 01.12.2022 &29.02.2024

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

(i) If the Bid Price offered by the Selected Bidder is lower than 20% of the estimated Project
Cost/Cost put to tender, then the Additional Performance Security shall be calculated @
20% of the difference in the (i) Estimated Project Cost (as mentioned in RFP)-20% of the
Estimated Project Cost and (ii) the Bid Price offered by the selected Bidder

35
 (ii) Maximum Limit of additional performance Security shall be limited to 3% of the Bid Price
offered by the selected Bidder

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

2.21.2 The Performance Security shall be valid until 60 (sixty) days after the Defects Liability
Period. 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 up to 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 been cashed
and the proceeds thereof appropriated by the Authority. Thereupon all rights, privileges,
claims and entitlements of the Contractor under or arising out of the Award shall be
deemed to have been waived by, and to have ceased with the concurrence of the
Contractor, and the Award shall be deemed to have been withdrawn by the Authority.

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

36
 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 physically after 11.00 hours IST on
20.05.2025 at the place specified in Clause 2.11.4 (i); and in the presence of the
Bidders who choose to attend. Technical BID of only those Bidders shall be online
opened whose documents listed at clause 2.11.2 of the RFP have been received
physically The Authority shall prepare minutes of the BID opening, including
information disclosed to those present at the time of BID opening.

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

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

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

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

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

3.1.6 Tests of responsiveness

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

(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI(Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically on CPPP as mentioned;
(c) Bid security Amounting to Rs. 1.23 Cr. in the form of Bank Guarantee in the
format at Appendix-II from a scheduled Bank.
(d)The Power of Attorney is uploaded on e-procurement portal as specified in
Clauses2.1.5;
(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;
37
 (f)Technical Bid contains all the information (complete in all respects);
(G)Technical Bid does not contain any condition or qualification; and
(h)The Bidder shall submit the payment of Rs. 10000/- (Rupees Ten Thousand
only) through NTRP (Non-Tax Received Portal) portal (http://bharatkosh.gov.in/) to
PAO MORTH Jaipur towards cost of Bid document

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 in correct 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 not if y
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 authorized representatives
of the Bidders who may choose to attend. The Authority shall publicly announce the
Bid Prices quoted by the technically responsive Bidder. Thereafter, the Authority shall
prepare a record of opening of Financial Bids.

3.3 Selection of Bidder

3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as
responsive in terms of Clause 3.1.6 and who quotes lowest price shall be declared as the
selected Bidder (the “Selected Bidder) in the pursuance to the procedure defined hereunder:
(Amendment in standard RFP issued by MoRTH vide letter no. NH – 35014/35/2020-H-
Part IInd dated 16.12.2021 in RW/NH-37010/4/2010-EAP(printing) Vol-IV dated
05.03.2019)
(i) Among all the responsive bidders, the lowest bidder will be termed as L1. If L1 is ‘Class-
1 Local supplier, the contract will be awarded to L1.
(ii) If L1 is not ‘Class-1 local supplier the lowest bidder among the class-I Local supplier
will be invited to match L-1 Price subject to class-I local suppliers quoted price filling with in
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 with in the margin of purchase preference shall be
invited to match the L-1 price and so on and contract shall be awarded accordingly. In case
none of the Class-I local supplier with in the margin of purchase preference matches the L1
Price , the contract shall be awarded to the L bidder.
‘ Margin of purchase preference’ means the maximum extent to which the price quoted by a
38
 ‘Class-I local supplier’ may be above the L1 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 BID share
under.

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

3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall
cause the Bidder to submit Performance Security 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.
39
 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 here in after
respectively assigned to them:

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

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

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

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

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

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

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

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

40
 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 endeavor 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.

41
 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 overall
disputes a rising under, pursuant to and/ or in connect on with the Bidding Process.

6.2 The Authority, in its sole discrete on 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 there to;
(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.

42
 APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)

To,
Chief Engineer (NH),
Room No. 201
P.W.D. Campus, Jacob Road
Rajasthan, Jaipur-302001
0141-2223557
[email protected]

Sub: BID for Construction of two lane with paved shoulder of Ghatol Bypass from km 133.250
to km 140.950 of NH-56 (old NH-113) on EPC mode in the State of Rajasthan.

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 any
reason or otherwise and hereby waive, to the fullest extent permitted by applicable
law, our right to challenge the same on any account what so ever.

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 implement in 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
43
 (b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c)
and2.6.4of 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 Project.

11. I/ We certify that in regard to matters other than security and integrity of the country,
we/anyMemberoftheJointVentureoranyofour/theirJointventurememberhavenot 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
members 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.

44
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/Wefurtheracknowledgeandagreethatintheeventsuchchangeincontroloccursafter
signing of the Agreement up to 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 a n d
implementation there of.

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

21. The BID Security in the form of a Bank Guarantee 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 tome/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 Contract or under the Contract Agreement}.

27. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID
45
 Due Date specified in the RFP.

28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid for
undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.

In witness thereof, I/we submit this BID under and in accordance with the terms of
the RFP document.

Yours faithfully,

Date:(Signature, name and Designation

Place: of the Authorized signatory)

Name &seal of Bidder/Lead Member

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there

46
 APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
To,
Chief Engineer (NH),
Room No. 201
P.W.D. Campus, Jacob Road
Rajasthan, Jaipur-302001
0141-2223557
[email protected]

Sub: Bid for Construction of two lane with paved shoulder of Ghatol Bypass from km 133.250
to km 140.950 of NH-56 (old NH-113) on EPC mode in the State of Rajasthan.

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; no
thing has been omitted which renders such information misleading; and all documents
accompanying the BID are true copies of the irrespective 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 what so ever.

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

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

7. I/We here by submit our BID and offer BID Price Rs..........................................
(Rs...................................... in words) for undertaking the aforesaid Project in
accordance with the Bidding Documents and the Agreement.
Yours faithfully,

Date: (Signature, name and designate on of the

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

47
 Appendix IA
Annex-I
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c)
© Address of the corporate headquarters and its branch office(s),if any, in India:
(d) Date of incorporation and/ or commencement of business:

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

business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication for
the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
4. Particulars of the Authorized Signatory of the Bidder:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number

5. In case of a Joint Venture:

(a) The information above (1-4) should be provided for all the Members of the
Joint Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should
be attached to the Application.
(c) Information regarding the role of each Member should be provided as per table
below:
Sl. Name of Member Role* Share of work in the
{Refer Clause Project{Refer Clauses 2.1.11(a),
2.1.11(d)}$ (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.

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

48
 Appendix IA
Annex-I
(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.
Criteria Yes/No
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 to1is yes, does the bar subsist as on BID
due date.

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

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

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

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

(b) I/ We further certify that no investigation by any investigating agency in India or

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

© A statement by the Bidder and each of the Members of its Joint Venture (where
applicable) disclosing material non-performance or contractual non-compliance in current
projects, as on bid due date is given below (attach extra sheets, if necessary) w.r.t. para
2.1.14. (Shall be as per Annexure-11 attached in this RFP)

Name of the Bidder /Member of JV:

Sr. Categories of Non-Performer Project 1 Project 2

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

49
 Sr. Categories of Non-Performer Project 1 Project 2
No.
sanctioned by the Authority;
(iii) Physical progress on any project is not commensurate
with the funds released (equity+ debt + grant) from the
escrow account and such variation is more than 25% in
last one year as observed by the Independent Engineer in
one or more projects;

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

(v) Fails to fulfill its obligations to maintain a highway in a

satisfactory condition in spite of two rectification notices
issued in this behalf;

(vi) Fails to attend to Non Conformity Reports (NCRs) issued

by the Independent/ Authority’s Engineer on the designs/
works constructed by the Bidder pending for more than
one year in two or more projects.

(vii) Fails to make premium payments excluding the current

installment in one or more projects.

(viii) Damages/Penalties recommended by the Independent/

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

(ix) Fails to achieve financial closure in two or more projects

within the given or extended period (which shall not be
more than six months in any case).

(x) Fails to submit the Performance Security within the

permissible period in more than one project(s).

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

performing entity by an independent third party agency
and so notified on the website of the Authority.

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

(Signature, name and designation of the authorized signatory)

For and on behalf of……………………………………..

50
 Annex-II
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 Project Cate- Experience** (Equivalent Rs. crore)$$ Technical

type Code* gory$ Payments received Value of self- Experience£
for construction of construction in Eligible
Eligible Projects in Projects in Categories 1
Categories 3 & 4 and 2
(1) (2) (3) (4) (5) (6)
Single entity a
Bidder or Lead b
Member
Including other c
members of the
Joint Venture
d

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 ** (**) 14 to a US
Dollar.
£
.In the case of an Eligible Project situated nan 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.
14
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.
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 Clause2.2.2.4).
51
 Annex-III
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 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead Member
including other members of the Joint
Venture
TOTAL

Bidder type Annual Turnover Average

Annual
Year 1 Year 2 Year 3 Year 4 Year 5
Turnover
(Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (In Rs.
factor factor factor factor factor
crore)

1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6x
7+8x9+10x11
)/5
Single entity 1.00 1.05 1.10 1.15 1.20
Bidder or
Lead
Member
including
other
members of
the Joint
Venture

Name & address of Bidder’s Bankers:

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

Instructions:

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

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

52
1. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account, after
deducting the aggregate value of the accumulated losses, deferred expenditure and
miscellaneous expenditure not written off, as per the audited balance sheet, but does
not include reserves created out of revaluation of assets, write-back of depreciation and
amalgamation.

2. 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.

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

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

5. TheBiddershallprovideanAuditor’sCertificatespecifyingthenetworthoftheBidder and
also specifying the methodology adopted for calculating such net worth in accordance
with Clause 2.2.2.9 (ii) of the RFP document.

53
 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 the
Instruction 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 backup for information provided in the Application.
Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self-construction for each
Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to be
provided here should indicate the break-up for the past 5 (five) financial years. Year 1
refers to the financial year immediately preceding the Bid Due Date; Year 2 refers to the
year before Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause
2.1.13). For Categories 1 and 2, expenditure on construction of the project by the
Applicant itself should be provided, but only in respect of projects having an estimated
capital cost exceeding the amount specified in Clause 2.2.2.6(i)(c). In case of Categories 3
and 4, payments received only in respect of construction should be provided, but only if
the amount received exceeds the minimum specified in Clause 2.2.2.6(ii). Receipts for
construction works should only include capital expenditure, and should not include
expenditure on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to concession,

54
 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 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 a fore said 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 authorizedsignatory)
$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.
£
Refer Clause 2.2.2.5 of the RFP.
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ or owned the ..................... (name of project)from
………………..(date)to ................................. (date).”

55
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
Basedonitsbooksofaccountsandotherpublishedinformationauthenticatedbyit,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 isRs. ......... 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 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 as hare 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.

ReferClauses2.2.2.5and2.2.2.6(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.
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.

56
 Appendix-IA
Annex-V

ANNEX-V
Statement of Legal Capacity

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

Ref. Date:

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

Dear Sir,

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

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

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

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorized signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

57
 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. Amount of Net Value
No. Works undertaken w.r.t. bonus (Rs. excluding
EPC Projects including In Crores) bonus (Rs.in
bonus, if any (Rs. in Crores)
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 (Up dation 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 Amount of Up Updated Amount of
No. Year Bonus (Rs. dation Bonus (Rs. in Crores)
in Crores) Factor
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 Authorized
Seal of the audit firm: (Signature, name and Signatory
:designation and Membership No. of
authorized signatory) For and on behalf of .........................(Name of the
Date:
Place:
58
To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to be completed
during the next ** years is as follows:

Sl. Name of Percentage of Dater of Construction Value of Value of Balance Anticipated Balance value of
No. Project/ participation of start / period as per contract as work value of date of work at 2019-20
Work Bidder in the appointed Agreement/ per completed work to be completion price level
project date of LOA Agreement completed
project /LOAβ
Rs.in Rs. in Rs. in Rs. in
Crore Crore Crore Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x
#)

# Up dation Factor as given below:

For Year F.Y. / Calendar Year Up dation Factor
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 / Authorized 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:
Authorized Signatory Seal of the audit firm: (Signature, name
and designation and Membership No. of
Date:
For and on behalf of......................... (Name authorized signatory)
Place:
of the Bidder)
Date:
Place:

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

59
 APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)

No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi. Dated 13th 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 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 prefer red an appeal against the order based on which it has been
disqualified. The mere pendency of appeal will have no effect on the
disqualification.

60
 Appendix-IA
Annexure-VII
Page-2

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

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

61
 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. 300Crore.)
#
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 Authorized Signatory:

Date:

Place:

62
 APPENDIX – II
Bank Guarantee for BID Security
B.G. No. Dated:

1. In consideration of you, ****, 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
…………………… 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 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 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.

63
 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 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.

64
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. ***
crore (Rupees *** ** crore 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 -------------, from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation.
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

CHIEF ENGINEER(NH) PWD
1. Name of Beneficiary RAJASTHAN, JAIPUR
2. Name of Bank STATE BANK OF INDIA
3. Account No. 37466760264
4. IFSC Code SBIN0031820

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

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

(Signature of the Authorised Signatory)

(Official-Seal)

65
 APPENDIX-III
Format for Power of Attorney for signing of BID
(Refer Clause 2.1.5)
Know all men by these presents, We……………………………………………..
(name of the firm and address of the registered office) do hereby irrevocably
constitute, nominate, appoint and authorize Mr./ Ms (name),
…………………… son / daughter / wife of
……………………………… and presently residing at …………………., who is
presently employed with us/ the Lead Member of our Joint Venture and holding
the position of……………………………. , as our true and lawful attorney
(hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all
such acts, deeds and things as are necessary or required in connection with or
incidental to submission of our BID for the Project proposed or being developed by
the Chief Engineer (NH,PPP) PWD Rajasthan, Jaipur (the “Authority”) including but
not limited to signing and submission of all applications, BIDs and other documents
and writings, participate in Pre-BID and other conferences and providing information/
responses to the Authority, representing us in all matters before the Authority, signing
and execution of all contracts including the agreement and undertakings consequent to
acceptance of our BID, and generally dealing with the Authority in all matters in
connection with or relating to or arising out of our BID for the said Project and/ or
upon award thereof to us and/or until the entering into of the EPC Contract with the
Authority.

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

IN WITNESSWHEREOFWE,.............................. , THE ABOVE NAMED PRINCIPAL

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

For………………………
…..
(Signature, name, designation
and address) of person
authorized by Board
Resolution
(in case of Firm/ Company)/ partner in case
of
Witnesses: Partnership firm
1.
2.
Accepted
…………………………
… (Signature)
(Name, Title and Address of the Attorney)

66
 (Notarized)
Person identified by me/ personally appeared before me/ Attested
/Authenticated*(*Notary to specify as applicable)(Signature Name and Address of the
Notary)

Seal of the Notary

Registration No. of the
Notary
Date:………………
Notes:
▪ 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 favor of the person executing this Power of Attorney for the delegation of
power hereunder on behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to
be legalized by the Indian Embassy and notarized in the jurisdiction where the Power
of Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to
be legalized by the Indian Embassy if it carries a conforming Apostille certificate.

67
 APPENDIX-IV
Format for Power of Attorney for Lead Member of Joint Venture
(Refer Clause 2.1.6)

Whereas the National Highways Authority of India/ State PWD (“the Authority”) has invited
BIDs for the***** Project(the “Project”).

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

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

Where as, it is necessary for the Members of the Joint Venture to designate one of them as the
Lead Member withallnecessarypowerandauthoritytodoforandonbehalfoftheJointVenture, 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,
includingbutnotlimitedtosigningandsubmissionofallapplications,BIDsandotherdocuments 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.

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.

68
 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
favor of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is
being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian
Embassy if it carries a conforming Apostille certificate.

69
 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......................} (herein after 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 (herein after 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................. } (herein after 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…/ State PWD

, (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 Construction of two lane
with paved shoulder of Ghatol Bypass from km 133.250 to km 140.950 of NH-56 (old NH-
113) on EPC mode in the State of Rajasthan. 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
(B) 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
70
 In this Agreement, the capitalized terms shall, unless the context otherwise requires, have
the meaning ascribed thereto under the RFP.

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

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

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have the
power of attorney from all Parties for conducting all business for and on behalf of the
Joint Venture during the Bidding Process and for performing all its obligations as the
Contractor in terms of the EPC Contract for the Project;
(b) Party of the Second Part shall be {the Member of the Joint Venture; and}
(c) Party of the Third Part shall be {the Member of the Joint Venture.}

5. Joint and Several Liability

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

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:
71
 (a) Such Party is duly organized, 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 authorized 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 favor of the person executing this Agreement for the delegation of
power and authority to execute this Agreement on behalf of the Joint Venture
Member is annexed to this Agreement, and will not, to the best of its knowledge:

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

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

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

applicable organizational documents there of;

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

governmental authorization, 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
72
 Bidder, as the case may be.

9. Miscellaneous

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

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 favor 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 legalized by
the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.

73
 APPENDIX VI

INTEGRITY PACT FORMAT

(To be executed on plain paper and submitted along with 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 …………...

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], / State PWD (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 as signs.)
Preamble

Where as, the Principal has floated the Tender {………………………………………….}(here in after
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 Where as 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 where as to meet the purpose a foresaid, both the parties have agreed to enter in to 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 asunder:

Article-1: Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
(a) No employee of the Principal, personally or through family members, will in
connection with the Tender for, or the execution of a Contract, demand, take a promise
for or accept, for self, or third person, any material of immaterial benefit which the
person is not legally entitled to.

(b) The Principal will, during the Tender process treat all Bidder(s) with equity and reason.
The Principal will in particular, before and during the Tender process, provide to all
Bidder(s) the same information and will not provide to any Bidder(s) confidential/

74
 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 non-submission or bids or any other actions to restrict competitiveness or
to introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for
purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or transmitted
electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall
disclose the name and address of the Agents/ Representatives in India, if any. Similarly,
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian Nationality shall
furnish the name and address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting his
bid, disclose any and all payments he has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the award of the contract.
He shall also disclose the details of services agreed upon for such payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any outside
influence through any Govt. bodies/quarters directly or indirectly on the bidding process
in furtherance of his bid.

75
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 3years.
(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
76
 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 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
tenderprocessoractionforhisexclusioncanbetakenasmentionedunderArticle-3above 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 are preventative 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.
77
(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 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 action specific manner, refrain from action or to late 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.
78
Article - 10 Other Provisions
(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the Registered
Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.
(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}

79
 Appendix-VII
(See Clauses2.21)
FORM OF BANK GUARANTEE
[Performance Security/Additional Performance Security]

To,
Chief Engineer (NH),
Room No. 201
P.W.D. Campus, Jacob Road
Rajasthan, Jaipur-302001
0141-2223557
[email protected]
WHEREAS [name and address of Contractor]
(here after called the “Contractor”)has under taken, 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”15).
AND WHEREAS we, …………………..through our bran chat................................. (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 there in.

2. A letter from the Authority, under the hand of an officer not below the rank of
[Superintending Engineer of Ministry of Road Transport & Highways], that the Contractor
has committed default in the due and faithful performance of all or any of its obligations
under and in accordance with the Contract shall be conclusive, final and binding on the Bank.
The Bank further agrees that the Authority shall be the sole judge as to whether the
Contractor is in default in due and faithful performance of its obligations during and under the
Contract and its decision that the Contractor is in default shall be final and binding on the
Bank, notwithstanding any differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other authority or
body, or by the discharge of the Contractor for any reason whatsoever.

80
 15
Guarantee Amount for Performance Security and Additional Performance Security shall be
calculated as per Contract.
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 Contract or 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 share under.
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 share under.
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.
$Insertdate at least 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.

81
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 here by
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)

82
 Appendix-VIII
(See Clauses3.3.4)
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 and 3.3.4 of the RFP.

3. You are also requested to furnish Performance Security for an amount of………….………….
as per Clause 2.21 of the RFP within 30 (thirty) days of receipt of this Letter of Acceptance
(LOA). In case of delay in submission of Performance Security, you may seek extension of
time for a period not exceeding 60 (Sixty) days in accordance with Clause 2.21 of RFP.

4. In case of failure of submission of Performance Security and Security against Damages (if
any) within the additional 60 (Sixty) days time period, the award shall be deemed to be
cancelled and you will be debarred from Participating in the future projects of
Ministry/NHAI/NHIDCL and work under other Centrally sponsored scheme for a period of
one year. .

Yours faithfully,
{Authorized signatory}

83
 MoRT&H Circulars
Pertaining to
EPC Contract amendments
is enclosed at the end of “RFP Document"
1. Ministry’s Circular No.RW / NH-37010/4/2010-EAP (Printing) vol.-IV Government of
India, MoRT&H Circular Dated - 05-03-2019

2. Ministry’s Circular No.RW / NH-37010/4/2010-EAP (Printing) vol.-IV Government of

India, MoRT&H Circular Dated - 07-10-2019
3. Ministry’s Circular No.RW / NH-37010/4/2010-EAP (Printing) vol.-IV Government of
India, MoRT&H Circular Dated - 30-04-2020
4. Ministry’s Circular No.RW / NH-37010/4/2010-EAP (Printing) vol.-V Government of
India, MoRT&H Circular Dated – 02-06-2020
5. Ministry’s Circular No.RW /NH-35014/35/2020-H Government of India, MoRT&H
Circular Dated – 02-11-2020
6. MoRT&H Circular for “Provision for Incident Management Services (IMS) for
development projects and PR /IRQP Works on NHs entrusted with State
Governments/Uts” File No. RW/G-23012/01/2019-W&A(Pt. III) Dated the 09"
February, 2021.
7. MoRT&H Circular for “Standard Operating Procedure (SOP) for Incident Management
Services (IMS) on NHs entrusted with State Governments/Uts” File No. RW/G-
23012/01/2019-W&A(Pt. III) Dated the 09" February, 2021.

8. Ministry’s Circular no. RW / NH-33044/29/2015-S&R(R) pt. dated 11.02.2021 for Utility

Shifting Works for development of National Highways – Standard Operating Procedures
(SOP).

9. Ministry of Finance, Department of expenditure public procurement division OM No.

F.No.6/18/2019-PPD dated 23.07.2020

10. Ministry of Finance OM No. F.9/4/2020-PPD dated 12.11.2020

11. MoRT&H Circular No. No. RW/NH-33044/76/2021-S&R(P&B) dated 06.10.2021

84
12. Ministry of Road Transport & Highway’s Office memorandum No. NH-35014/35/2020-
H-Part(II) (E-196662) dated 16.12.2021.

13. Ministry of Road Transport & Highway’s Office memorandum No. –NH-35014/20/2020-
H-(Part-II) (E-196330) Dated 22.02.2022)

14. Ministry of Road Transport & Highway’s Office memorandum No RW /NH-

35014/35/2020-H Dated 31.05.2022

15. Ministry of Road Transport & Highway’s Office memorandum No RW /NH-

37015/01/2022-H Dated 18.05.2022

16. Ministry of Road Transport & Highway’s Office memorandum No RW /NH-

37014/20/2020-H Dated 22.02.2022

17. Ministry of Road Transport & Highway’s Office memorandum No RW /NH-

37015/01/2022-H Dated 18.05.2022, 31.08.2022, 29.02.2024

85