National Highways & Infrastructure Development Corporation Ltd.

(NHIDCL)
(A Government of India Undertaking)

NATIONAL COMPETITIVE BIDDING

(THROUGH E-TENDERING MODE)

Name of the Work: “Repair & Restoration of Two-laning of existing Akajan-

Likabali-Bame road on item rate basis from Design km 12.00 to km 33.00
(Total Length =21 Km) on Akajan-Likabali-Bame Road (Package-1) Section
in the state of Arunachal Pradesh.”

[Contract Package No.: NHIDCL/RO-ITA/02/Z/ALB-1/M&R-III/2025-26]

REQUEST FOR PROPOSAL (RFP)

JUNE’ 2025

GD, APARTMENT, SENKI PARK, DIVISION-IV

NEAR GOVT. MIDDLE SCHOOL, ITANAGAR,
ARUNACHAL PARDESH-791111

Page 1 of 104
 CONTENTS

VOLUME – I

TITLE PARTICULARS

SECTION-I. NOTICE INVITING TENDER

SECTION-II. INSTRUCTIONS TO BIDDERS & APPENDIX TO BID

SECTION-III QUALIFICATION INFORMATION

SECTION-IV FORM OF BANK GUARANTEE, AGREEMENT & LOA

SECTION-V CONDITIONS OF CONTRACT & CONTRACT DATA

SECTION-VI TECHNICAL SPECIFICATIONS

Page 2 of 104
 (SECTION-I)
NOTICE INVITING TENDER
(E-TENDERING MODE ONLY)

Page 3 of 104
 National Highways & Infrastructure Development Corporation Limited
Notice Inviting e-Tender
(National Competitive Bidding through e-Tendering mode only)

Date: 17.06.2025

1. National Highways and Infrastructure Development Corporation Ltd. (hereinafter called “the
Employer”) invites sealed bids in single stage two cover system i.e., the Technical and
Financial Bids on Item Rate basis for the following works from the experienced Road/Bridge
Contractors/firms/organizations excluding those firms who have been declared as non-
performing by MoRT&H/NHAI/NHIDCL or the firms those are blacklisted/debarred for
specified period by MoRT&H/NHAI/NHIDCL: -

Sr. Name of Stretch/ Estimate Bids Average Eligibility Criteria as

No. work/Contrac Length d Civil Securit Time of annual Completed work of
Completion
t Package (km) Cost Put y (Rs. turnover for similar nature during
to in last 5 last 5 Years (Rs.
Tender Lakh) Years In Crores)
(Rs. ‘EMD’ (Rs. In
Crores) Lakhs)
“Repair &
Restoration(Mainten
ance) of 2-laning of
Contract shall
existing Akajan-
be valid for 12
Likabali-Bame road
on Item Rate Basis
12.36 Cr. Months from
At least One similar Completed
(Exclusive Signing of
from design km 100% of the work not less than the
1 21.00 of all Taxes 29.16 Contract
12.00 to km 33.00 estimated amount equal to 40% of
) Agreement + 6
(Total Length =21 civil cost the total value of contract
Months of (Rs.5.83 Cr)
Km) of Akajan-
Maintenance/D
Likabali-Bame Road
LP Period
(Package-1) Section
in the state of
Arunachal Pradesh ”

Cost of Bid Documents: Rs. 11,800/- in the form of DD in favour of Executive

Director(P), RO Itanagar, National Highways &
Infrastructure Development Corporation Limited
(NHIDCL [NON-REFUNDABLE].

1. Date of Publishing of tender is from 17.06.2025.

2. The complete BID document can be viewed / downloaded from web Portal
https://eprocure.gov.in/eprocure/app from 17.06.2025 to 09.07.2025 (up to 15:00 Hrs IST.).
3. Bidder must submit its Technical Bid and Financial bid at https://eprocure.gov.in/eprocure/app on or

Page 4 of 104
 before 09.07.2025 (up to 15:00 hours) IST. Bids received online shall be opened on 10.07.2025 (at
15:00 Hrs IST).
4. Bid documents can be seen at and downloaded from the website www.nhidcl.com and
https://eprocure.gov.in/eprocure/app Bid documents contain qualifying criteria for bidder, specification,
bill of quantities, conditions and other details.
5. The site for the work is available for Repair & Maintenance and other requisite works as and
when required as per work order on Item Rate Basis.
6. Bidder shall submit the following documents:
i) Copy of PAN Card
ii) Demand Draft for Cost of documents or receipt of Bank Transaction.
iii) Demand Draft/Bank Guarantee for Bid Security (EMD) or receipt of Bank Transaction.
iv) Original Copy of turnover certificate for the last 5 years from the Chartered Accountant
mentioning the UDIN number.
v) Original Certificate from the Engineer-in-Charge of the rank of Executive Engineer or
equivalent for the Existing Commitments & Ongoing Works including the work for which
appointed date has been given.
7. The interested bidder can download the NIT / bidding document from the website
https://eprocure.gov.in/eprocure/app & www.nhidcl.com

8. To participate in bidding process, bidders have to get (DSC) “Digital Signature Certificate” as per
Information Technology Act-2000, to participate in online bidding. This certificate will be required for
digitally signing the bid. Bidder can get above mentioned digital certificate from any approved vendors.
The Bidder, who already possess valid (DSC)” Digital Signature Certificate” need not to procure new
Digital Signature Certificate.
9. The bidders have to submit their bids online in electronic format with Digital Signature. The bid cannot
be uploaded without Digital Signature.
10. Bids will be opened online as per time schedule mentioned at Sr. No.18.
11. Before submission of online bids, bidder must ensure that scanned copy of all the necessary documents
have been attached with bid.
12. The department will not be responsible for delay in online submission of bids whatsoever reasons
maybe.
13. All the required information for bid must be filled and submitted online.
14. Bidders should get ready with the scanned copies of cost of documents & Bid Security as specified in the
tender documents. The original instruments in respect of cost of documents, Bid Security and relevant
documents will be submitted to the Tenders Inviting Authority by Registered post/courier/by hand as per
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 time schedule specified.
15. The details of cost of documents, Bid Security specified in the tender documents should be the same, as
submitted online (Scanned copies) otherwise bid will not be accepted.
16. Bidders are advised to study the procedures related to e-procurement by Government of India, carefully
before submission of Bids. For this, Bidders may refer the Bidders Manual Kit available in the Central
Public Procurement Portal of Government of India (https://eprocure.gov.in/eprocure/app).
17. The guidelines for submission of bid online can be downloaded from the website www.nhidcl.com &
https://eprocure.gov.in/eprocure/app.

18. Schedule of Bidding Process

The Company shall endeavor to adhere to the following schedule:

S. No Description Period

1. Date of issue of NIT 17.06.2025

Date of issue of Sale of Tender
2. 17.06.2025
Documents
Date of close of sale of Tender Documents
3. (through online) 09.07.2025 (up to 15:00 Hrs.)

4. Last Date of receipt of Pre-Bid Queries 30.06.2025 (till 15:00 Hrs.)

30.06.2025 (at 15;00 Hrs.) at

5. Date of Pre-Bid meeting Regional Office, Itanagar,
Arunachal Pradesh.
Date of uploading of reply to the pre-bid
6. 02.07.2025 (if any)
queries
Date of submission of Tender/Bid (online &
7. 09.07.2025 (upto 15:00Hrs)
hard copy)
8. Opening of Technical BIDs at venue 10.07.2025 (15:00 Hrs)
Date of Uploading of list of Technically
9. Qualified Applicants To be intimated later
Date of Opening of Financial Bids of
10. Qualified Applicants To be intimated later

11. Date of issue of letter of award (LOA) To be intimated later

12. Validity of Bid 120 Days

13. Return of signed duplicate copy of LOA To be intimated later

Submission of Performance Security (PS)
14. Within 07 days of receipt of LOA.
and Additional Performance Security
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 (APS), if any

15. Signing of Agreement Within 10 days of receipt of LOA.

19. Conditional bids would be rejected.

20. The Quantities mentioned in Bill of Quantities (BoQ) will be execute as per the requirements of Site &
Work Order for the same will be issued by the Engineer In Charge who will authorize by NHIDCL.
21. The Tender Cost i.e. 12.360 Cr. (Exclusive of all taxes & GST) which includes 12 Months of
Contract Period from the Date of signing of Contract Agreement plus (+) 6 Months of
Maintenance period/DLP.
22. Maintenance Contractor need to maintain Diversion of Bridge & Sinking Area from Ch. 23+000 to
Ch. 23+240 for the smooth flow of traffic as directed by Authority throughout the Contract period
i.e. ( 12 Months from Date of Signing of Contract Agreement + 06 Months of Maintenance/ DLP
period).
23. Any corrigendum or information with regard to this NIT shall only be uploaded online on
www.nhidcl.com & https://eprocure.gov.in/eprocure/app.
24. NHIDCL reserves the right to accept/reject any or all the bids without assigning any reasons thereof.

Date: 17.06.2025

Brig. Ashish Gupta (Retd.)

Executive Director (Projects)
National Highways & Infrastructure Development Corporation Ltd.
Regional Office, Itanagar
GD Apartment, Senki Park, Division-IV, Near Govt. Middle School -791113
e-mail: [email protected]
Ph.: +91-8415072860
Tel. 0360-3555760

Page 7 of 104
 (SECTION-II)
INSTRUCTIONS TO BIDDERS
&
APPENDIX TOBID

Page 8 of 104
 Section II: Instructions to Bidders
Table of Clauses
Clause Clause
A. General D. Submission of Bids
1 Scope of Bid 20 Sealing and marking of Bids
2 Source of Funds 21 Deadline for submission of Bids
3 Eligible Bidders 22 Late Bids
4 Qualification of Bidders 23 Modification & withdrawal of Bids
5 One Bid per Bidder E. Bid Opening & Evaluation
6 Cost of Bidding 24 Bid Opening
7 Site Visit 25 Process to be Confidential
Clarification of Bids and Contacting
B. Bidding Document 26
the Employer
Examination of Bids and
8 Content of Bidding Document 27
Determination of Responsive
9 Clarification of Bidding Document 28 Correction of Errors
Evaluation and Comparison of
10 Amendment of Bidding Document 29
Financial Bids
11 Preference to Make In India 30 Price Preference
C. Preparation of Bids F. Award of Contract
12 Language of Bid 31 Award Criteria
Employer’s Right to Accept any Bid
13 Documents Comprising the Bid 32
and to reject any or all Bids
Notification of Award and signing of
14 Bid Prices 33
Agreement
15 Currencies of Bid and Payment 34 Performance of Security

16 Bid Validity 35 Advances

Earnest Money/ Bid Security/
17 36 Corrupt or Fraudulent Practices
Forfeiture/ Debarment
18 Alternative Proposals by Bidders
19 Format and Signing of Bid

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 Section II
Instructions to Bidders (ITB)
A. General
1. Scope of Bid

1.1 The Employer (i.e., Managing Director, National Highways & Infrastructure
Development Corporation Ltd.) invites bids for “Annual Repair & Restoration
(Maintenance) Work of existing Akajan-Likabali-Bame road on item rate basis from design
km 12.00 to km 33.00 (Total Length= 21 Km) at Risk & Cost in the state of Arunachal
Pradesh under SARDP-NE”.

1.2 The name and identification number of the works is provided in the Notice Inviting
Tender.
1.3 The successful bidder will be expected to complete the works by the intended
completion date specified in the Contract data.
1.4 Throughout these Bidding Documents, the terms “bid” and “tender” and their derivatives
(bidder/tender, bid/tender, bidding/tendering, etc.) are synonymous.
1.5 The quantities given in the BOQ are indicative and may not be required to be fully
executed.
2. Source of Funds
2.1 The expenditure on this project will be met by National Highways & Infrastructure
Development Corporation Limited (NHIDCL).
3 Eligible Bidders
3.1 This Invitation for Bids is open to all bidders meeting the qualification requirements
prescribed in this document.
3.2 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent
practices by the Central Government, the State Government or any public undertaking,
autonomous body, authority by whatever name called under the Central or the State
Government.
4 Qualification of the Bidder
4.1 Deleted
4.2 All bidders shall furnish the following information and documents with their bids in
Section-III, Qualification Information.
a) Scanned copies of original documents defining the constitution or legal status, place
of registration, and principal place of business; scanned copy of written power of
attorney of the signatory of the Bid to commit the Bidder; & original copy of
Written Power of Attorney to be submitted in the envelope of physical form. (Pl.
Refer clause 12.2 of ITB).
b) Scanned copy of total monetary value of civil engineering construction works
performed for each of the last five years; (2020-2021, 2021-2022, 2022-2023, 2023-
2024 & 2024-2025).
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 c) Scanned copy of Experience Certificate in works of a similar nature and size for
each of the Last Five Financial Years (commencing from year 2020-2021) with
certificates from the concerned officer of the rank of Executive Engineer or
equivalent;
d) Scanned copy of evidence of availability (either owned or leased or rented) of items
of construction equipment named in the Appendix to ITB. [Clause 4.4 B(b)(i)]
e) Scanned copy of details of the technical personnel proposed to be employed for the
Contract having the qualifications defined in Appendix to ITB. [Clause 4.4 B(b)
(ii)]
f) Scanned copy of reports on the financial standing of the Bidder, and a certificate
from Chartered Accountant as a proof of turnover for the last five years mentioning
the UDIN in the certificate;
g) Scanned document in support of evidence access to line (s) of credit and availability
of other financial resource facilities (10 % of Contract value), certified by bankers
(not more than 3 months old).
h) Scanned undertaking that the bidder will be able to invest minimum cash upto 25%
of contract value of work, during implementation of work.
i) Scanned copy of information regarding any litigation or arbitration during the last
five years in which the Bidder is involved, the parties concerned, the disputed
amount, and the present status;
j) Scanned copy of DD of Bid Document Fee or receipt for online payment.
k) Scanned copy of Earnest Money Deposit (EMD) or receipt of online payment.
4.3 Bids from joint ventures, consortiums, combination or any sort of arrangement
between two or more than two entities are not allowed.
4.4 A. To qualify for award of the contract, each bidder in its name should have the
following; -
a) Achieved an Average Annual Financial Turnover (in all classes of Civil
Engineering Construction Works only) equal to the amount indicated in NIT
during last five years ending 31st March of the previous Financial Year, duly
certified by Chartered Accountant.
b) Satisfactorily Completed (not less than 90% of contract value), as a Prime
Contractor (or as a nominated subcontractor, provided further that all other
qualification criteria are satisfied) similar works during last five years ending last
day of month previous to the one in which bids are invited, at least one contract of
Highway (Road/ or Bridge works)/ Airport runway of 40% of the value of
contract. (Rs. 5.83 Cr.).
[The “similar work” constitutes Construction/Maintenance of National
Highways/State Highways (The base year should be considered as 2025-26)]

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 (Following escalation factor shall be used to bring the value of such completed works at the
level of current financial year i.e., 2025-26)
Year Before Multiplying Factor
One 1.10
Two 1.21
Three 1.33
Four 1.46
Five 1.61

4.4 B. Following documents on Stamp Paper are also to be submitted with the Bid:
a) Each bidder must upload the scanned copies of following documents along with
the submission of online bidding:
i. An affidavit on a Stamp Paper, duly attested from the Notary Public, that the
information furnished with the bid documents is correct in all respects; and
ii. Such other certificates as defined in Section-III.
iii. Failure to submit the certificates/documents as specified above shall make the
bid non-responsive.
b) Each bidder must demonstrate:
i. Evidence of availability (either owned or leased or rented) of the key
equipment’s for this work as stated in the Appendix to ITB.
ii. Availability for this work of personnel with qualification & experience as stated
in the Appendix to ITB.
4.4 Contractors' experience and resources shall not be taken into account in determining the
bidder's compliance with the qualifying criteria.
4.5 Bidders who meet the minimum qualification criteria will be qualified only if their
available bid capacity is more than the total bid value. The available bid capacity will
be calculated as under:
[Assessed Available Bid capacity = (A* N* 2.5 – B+C)]
WHERE:
A = Maximum value of civil engineering works executed in any one year during the
last five years (escalation factor as specified in this section shall be used to bring the
maximum value of civil engineering works to the level of current financial year i.e.,
2025-26) taking into account the completed as well as works in progress.

N = Number of years prescribed for completion of the works for which bid is invited.

B = Value (escalation factor as specified in this section shall be used to bring the value
to the level of current financial year i.e., 2025-26) of existing commitments and on-
going works to be completed during the next 03 months (period of completion of the
works for which bid is invited).
C= The amount of bonus received, if any, in EPC Projects during last 5 years (updated
to the price level of the year indicated in the above table)

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 4.6 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
i. Made misleading or false representations in the forms, statements, affidavits and
attachments submitted in proof of the qualification requirements; and/or
ii. Record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays incompletion, litigation history, or
iii. Tampered the bid document in any manner.
5 One Bid per Bidder
Each Bidder shall submit only one Bid for a particular package. A Bidder who submits
more than one Bid for the same package will cause be disqualified.
6 Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of his Bid,
and the Employer will, in no case, be responsible or liable for those costs.
7 Site Visit
The Bidder, at his own cost, responsibility and risk, is encouraged to visit, examine and
familiarize himself with the Site of Works and its surroundings including source of earth,
water, road aggregates etc. and obtain all information that may be necessary for preparing
the Bid and entering into a contract for construction of the Works. The costs of visiting the
Site shall be at the Bidder's own expense. He may contact the Project Monitoring Unit of
NHIDCL in this regard.

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 Section II
Instructions to Bidders (ITB)

B. Bidding Documents (Online)

8 Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below and addenda (if
any) issued in accordance with Clause10 of RFP document:
Volume- I: -
1. Notice Inviting Tender
2. Instructions to Bidders & Appendix to Bid
3. Qualification Information
4. Forms Bank Guarantee, Agreement & LOA
5. Conditions of Contract & Contract Data
6. Scope of work
7. Technical Specifications
8. Implementation Manual & Maintenance Intervention Levels
Volume - II: -
8.2 Bill of Quantities (Should be filled in the prescribed format given in the bid document)
The bidder is expected to examine carefully all instructions, conditions of contract,
contract data, forms, terms, specifications, bill of quantities, etc. in the Bid Document.
Failure to comply with the requirements of Bid Documents shall be at the bidder’s own
risk. Pursuant to clause 26 hereof, bids, which are not substantially responsive to the
requirements of the Bid Documents, shall be rejected.
9 Clarifications on Bid Documents
9.1 A prospective Bidder requiring any clarification on the bid documents may notify
the Employer in writing through e-mail, at the e-mail ID specified in NIT and/or
through a letter addressed to the Tender Inviting Authority, indicated in NIT. The
Employer will respond to any request for clarification received earlier than 10 days
prior to the deadline for submission of bids. Copies of the Employer’s response will
be hosted on website i.e. www.nhidcl.com & https://eprocure.gov.in/eprocure/app or
which are required in the opinion of the Employer including a description of the
enquiry, but without identifying its source.
9.2 Pre-bid meeting
9.2.1 The bidder or his official representative is invited to attend pre-bid meeting which
will take place at the address, venue, time and date as indicated in appendix.
9.2.2 The purpose of the meeting will be to clarify issues and to answer question on any
matter that may be raised at that stage.
9.2.3 The bidder is requested to submit any questions in writing or by cable/email so as
to reach the Employer not later than one week before the meeting. Minutes of the
meeting, including the text of the questions raised (without identifying the source
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 of the enquiry) and the responses given will be transmitted without delay on
website. Any modifications of the bid documents listed in Clause 8.1, which may
become necessary as a result of the pre-bid meeting or which are required in the
opinion of the Employer shall be made by the Employer exclusively through the
issue of an Addendum pursuant to Clause 10 and not through the minutes of the
pre- bid meeting.
9.2.4 The bidder or his official representative is invited to attend pre-bid meeting which
will take place at the office of:
The Executive Director (P),
NHIDCL, Regional Office, Itanagar,
GD Apartment, Senki Park, Division-IV, Near Govt. Middle School, Itanagar-791113
e-mail: [email protected],
Ph.: +91-8415072860,
Tel. 0360-3555760

10 Amendment of Bidding Documents

10.1 Before the deadline for submission of bids, the Employer may modify the
Bidding Documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the Bidding Documents and shall be
hosted online on https://eprocure.gov.in and www.nhidcl.com. Bidders are
advised to keep them self-updated of all the addendums issued on e-tendering
portal by suitably checking the aforementioned website/portal and, NHIDCL
does not assume any responsibility in case the bidder fails to do so and does not
take any action, if required, with respect any relevant addendum.
10.3 To give prospective bidders reasonable time to take an addendum into account
in preparing their bids, the Employer shall extend, as necessary, the deadline for
submission of bids, in accordance with Clause 20.2.

11 Preference to Make In India :

A Bidder is required to submit, along with its Technical BID, a self certification that the items
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
works offered for procurement, meets the minimum 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 content as prescribed for ‘Class-II
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 Local Supplier’ under this RFP. The ‘local Content’ requirement to categorize a supplier
as ‘Class-II Local Supplier’ is minimum 20%.

(iii) ‘Non-local Supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local Content less than that prescribed for ‘Class-II
Local Supplier’ under this RFP.

(iv) ‘Local Content’ means the amount of value added in India which shall be the total value
of item procured (excluding Net Domestic Indirect Taxes) minus the value of Imported
content in the item (including all customs duties) as a proportion of the Total Value, in
percent.

(v) 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 certification from the Statutory
Auditor or Cost Auditor of the Company (in case of Companies) or from a practicing
Cost Accountant or Praticing Chartered Accountant (in respect of Suppliers other then
Companies) giving the percentage of Local Content.

Note: Please Refer Public Procurement (Preference to Make In India ), Order 2017
(Latest Revision) issued by DPIIT, Ministry of Commerce & Industry, Govt. of India for
further details .

Page 16 of 104
 Section II
Instructions to Bidders (ITB)

C. Preparation of Bids

12 Language of Bid
All documents relating to the Bid shall be in English.

13 Documents Comprising the Bid

12.1 The e-bid submitted by the bidder shall be in two separate parts.
Part-I - This shall be named Technical Bid and shall comprise of
information submitted in section-III.
Part-II - It shall be named Financial Bid and shall comprise of Priced bill of
quantities.
12.2 Documents to be submitted in physical form must reach the at the office address
mentioned hereunder:

The Executive Director (Projects)

National Highways & Infrastructure Development Corporation Ltd.
Regional Office, Itanagar
GD Apartment, Senki Park, Division-IV, Near Govt. Middle School
Itanagar, Arunachal Pradesh-791113
e-mail: [email protected]
Ph.: +91-8415072860,
Tel. 0360-3555760
On or before Bid Due Date i.e., 09.07.2025 at 15:00 Hrs.

Though, the scanned copies of following documents are required to be uploaded during
submission of e-bid on the e-tendering portal, as per clause 12.1 above, however, following
original documents in physical form shall be submitted in a sealed envelope by 15.00 Hrs. on
the date of submission of bid and addressed to the addressee given in the NIT duly super
scribed “Name of Work, Bid due date and time”. Name and address of the bidder should
also be indicated on the envelope.
a) EMD/Bid Security
b) Bid Document Fee
c) Deleted
d) Written Power of Attorney of the signatory (whose digital signature certificate is
used during e-tender submission) of the bidder to commit the bid
e) Affidavit Duly Notarized as specified in the RFP.
f) Original Experience Certificate or notarized copy of certificate duly signed by
authorized signatory.
13.2 The following documents, which are not submitted with the bid, will be deemed to be
part of the bid.

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 Section Particulars
1. Notice Inviting Tender
2. Instruction to the bidders
3. Conditions of Contract
4. Contract Data
5. Technical Specifications

14 Bid Prices
14.1 The Contract shall be for the whole Works, as described in Clause 1.1 based on the
priced Bill of Quantities submitted by the Bidder.
14.2 The bidder shall quote bid prices on appropriate format enclosed as part of tender
document on e-tender portal i.e. https://eprocure.gov.in/eprocure/app. The items for
which no rate or price is entered by the Bidder will be required to be executed free of
cost and shall be deemed covered under the other rates and prices in the Bill of
Quantities quoted.
14.3 All duties, taxes including GST, royalties and other levies payable by the Contractor
under the Contract, or for any other cause, shall be included in the rates, prices, and total
Bid price submitted by the Bidder.
14.4 The rates and prices quoted by the Bidder shall be fixed for the duration of the Contract
and shall not be subject to adjustment.
15 Currencies of Bid and Payment
15.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All
payments shall be made in Indian Rupees.
16 Bid Validity
16.1 Bids shall remain valid for a period of 120 days after the deadline date for bid
submission specified in Clause 20. A bid valid for a shorter period shall be rejected by
the Employer as non-responsive.
16.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer
may request that the bidders may extend the period of validity for a specified additional
period. The request and the bidders’ responses shall be made in writing or by cable. A
bidder may refuse the request without forfeiting his bid security. A bidder agreeing to
the request will not be required or permitted to modify his bid, but will be required to
extend the validity of his Bid Security for a period of the extension, and in compliance
with Clause 16 in all respects.
17 Earnest Money / Bid Security/ Forfeiture/Debarment
17.1 The Bidder shall furnish, as part of the Bid, Earnest Money/Bid Security, in the amount
as specified in the NIT. (Bank guarantee/ Demand Draft/NEFT must be in favour of ED
(P), RO, Itanagar, NHIDCL.

Page 18 of 104
17.2 The Earnest Money/ Bid Security shall, at the Bidder’s option, be in the form of
Bank Guarantee/Demand Draft/Online Payment (NEFT/RTGS) only (the other
form will not be acceptable) of any scheduled commercial bank approved by RBI
having a net worth of not less than Rs. 500 crores as per the latest annual report of
the bank must be in the name of Employer. In case of foreign bank (issued by a
branch in India) the net worth in respect of the Indian operations shall only be
taken into account. It shall be valid for 45 days beyond the validity of the bid.
17.3 A. Bank Guarantee or Demand Draft receipts, in the name of the Employer, from
following banks would be accepted: -
i. State Bank of India or its subsidiaries,
ii. Any Indian Nationalized Bank
iii. IDBI/ICICI Bank
iv. A Foreign Bank (issued by a branch outside India) with a counter guarantee from
SBI or its subsidiaries or any Indian Nationalized Bank
v. Any Scheduled Commercial Bank approved by RBI having a net worth of not less
than Rs. 500 Crores as per the latest Annual Report of the Bank. In the case of a
Foreign Bank (issued by a branch in India), the net worth in respect of the Indian
operations shall only be taken into account.
B. The acceptance of the guarantees shall also be subject to the following conditions: -
i. The capital adequacy of the Bank shall not be less than the norms prescribed by
t
RBI (presently 9, with effect from 3 March,2003,).
ii. The bank guarantee issued by a Cooperative Bank shall not be accepted.
17.4 Any bid not accompanied by an acceptable bid security shall be rejected by the Employer
as non-responsive.
17.5 The Bid Security of unsuccessful bidders will be returned within 28 days of the end of
the Bid validity period specified in Sub-Clause 15.1 or award of contract package,
whichever is earlier.
17.6 The Bid Security of the successful Bidder will be discharged when the Bidder has signed
the Agreement and furnished the required Performance Security.
17.7 The Bid Security/ Earnest Money will be forfeited:
i. if the Bidder withdraws the Bid after its submission during the period of Bid
validity;
ii. if the Bidder does not accept the correction of the bid price, pursuant to Clause 27;
or
iii. in the case of a successful Bidder, if the Bidder fails within the specified time limit

Page 19 of 104
 to:
a) Sign the Agreement; and/or
b) Furnish the required Performance Security.
18 Alternative Proposals by Bidders
Bidder shall submit offers that fully comply with the requirement of the Bidding
Documents. Conditional offer or alternate offer will not be considered further in the
process of evaluation and the bid will be declared non-responsive.
19 Format and Signing of Bid
The Bidder shall submit e-bid comprising of the documents as described in Clause 12
of the ITB.

All pages of the documents to be uploaded online/submitted in the physical form

along with the demand draft for fees/security shall be typed or written in ink and shall
be signed by a person duly authorized to sign on behalf of the bidder. Documents shall
contain no overwriting, alterations or additions, except those to comply with
instructions, issued by the employer or as necessary to correct errors made by the
bidder, in which case such corrections shall be made by scoring out the cancelled
portion, writing the correction and signing and dating it along with the stamp by the
person or persons authorized for signing the Bid.

Page 20 of 104
 Section II
Instructions to Bidders (ITB)

D. Submission of Bids

20 Marking of Bids
The documents to be submitted in physical form as per clause 12.2 of ITB shall be
submitted in a sealed Envelope super scribed as “Documents in Physical Form” at the
top left corner.
21 Deadline for Submission of Bids
Complete e-Bid to be uploaded on the CPP portal i.e.
https://eprocure.gov.in/eprocure/app before due date & time. The Envelope containing
“Documents in Physical Form” must also be received by the Employer at the address
below not later than the date and time indicated in the NIT”. In the event of the
specified date for the submission of documents in Physical form being declared a
holiday for the Employer, the same will be received up to the specified time on the next
working day:

The Executive Director (Projects)

National Highways & Infrastructure Development Corporation Ltd.
Regional Office, Itanagar
GD Apartment, Senki Park, Division-IV, Near Govt. Middle School
Itanagar, Arunachal Pradesh-791113
e-mail:[email protected]
Ph.: +91-8415072860,
Tel. 0360-3555760
The Employer may extend the deadline for submission of bids by issuing an amendment
in accordance with Clause 10, in which case all rights and obligations of the Employer
and the bidders previously subject to the original deadline will then be subject to the new
deadline.
22 Late Submission of Document in Physical Form:
22.1 Any document in physical form if received by the Employer after the deadline
prescribed in Clause 20 will be returned unopened to the Bidder and also the e-bid
submitted by such bidder shall not be considered.
23 Modification and Withdrawal of Bids
23.1 Bidders may modify or withdraw their e-bids as directed on the e-tendering portal,
before the Bid Due Date and time as prescribed in Clause 20.
23.2 No bid may be modified after the deadline for online submission of bids.
23.3 Withdrawal or modification of a Bid between the deadline for submission of bids and the
expiration of the original period of bid validity specified in Clause 15.1 above or as
extended pursuant to Clause 15.2 shall result in the forfeiture of the Bid security
pursuant to Clause16.
23.4 Bidders may modify the prices of their bids before deadline of online submission of bid.

Page 21 of 104
 Section II
Instructions to Bidders (ITB)
E. Bid Opening and Evaluation
24 Bid Opening
23.1 Bid opening shall be carried out in two stages. Firstly, ‘Technical Bid’ of all the
bids received (except those received late) shall be opened online on the date and time
mentioned in Notice Inviting Tender (NIT). ‘Financial Bid’ of those bidders whose
technical bid has been determined to be substantially responsive shall be opened online on a
subsequent date through online process of e-tendering, which will be notified to such bidders.
23.2 The Employer will open the “Technical Bid” of all the bids received (except those
received late), in the presence of the bidders/bidders’ representatives who choose to attend at
the time, date and place specified in the NIT. In the event of the specified date for the
submission of bids being declared a holiday for the Employer, the Bids will be opened at the
appointed time and location on the next working day.
23.3 In all cases, the amount of Bid Security, forms and validity shall be announced.
hereafter, the Employer at the opening as the Employer may consider appropriate, will
announce the bidders' names and such other details.
23.4 The Employer will prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Clause 23.1.
(i) The bids accompanied with valid bid security and bid document fee will be taken up
for evaluation with respect to the information furnished in Part I of the Qualification
Information and other bid.
(ii) As soon as possible, the Evaluation Committee will finalize the list of responsive
bidders whose financial bids are eligible for consideration. However, to assist in the
examination, evaluation of technical bids, the Employer may at his discretion, ask any
bidder for clarification of his bid, however, no additional documents in support of
clarification will be entertained.
23.5 The Employer shall inform the bidders, whose technical bids are found responsive,
of the date, time and place of opening of the financial bids. The bidders so informed, or their
representative, may attend the meeting of opening of financial bids.
23.6 At the time of the opening of the ‘Financial Bid’, the names of the bidders whose
bids were found responsive in accordance with clause 23.5 will be announced. The financial
bids of only these bidders will be opened. The responsive bidders’ names, the Bid prices, the
total amount of each bid, pursuant to Clause 22 and such other details as the Employer may
consider appropriate will be announced by the Employer at the time of bid opening. Any Bid
price, which is not read out and recorded, will not be taken into account in Bid Evaluation.
The Employer shall prepare the minutes of the opening of the Financial Bids.
25 Process to be Confidential
Information relating to the examination, clarification, evaluation, and comparison
of bids and recommendations for the award of a contract shall not be disclosed to
bidders or any other person not officially concerned with such process until the
award to the successful Bidder has been announced. Any attempt by a Bidder to
influence the Employer’s processing of bids or award decisions may result in the
rejection of his Bid.

Page 22 of 104
26 Clarification of Bids and Contacting the Employer
To assist in the examination, evaluation, and comparison of Bids, the Employer may, at
his discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit
rates. The request for clarification and the response shall be in writing or by cable, but
no change in the price or substance of the Bid shall be sought, offered, or permitted.
Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating
to his bid from the time of the bid opening to the time the contract is awarded.
Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid
comparison or contract award decisions may result in the rejection of the Bidders' bid.
27 Examination of Bids and Determination of Responsiveness
During the detailed evaluation of “Technical Bids”, the Employer will determine whether
each Bid
a) meets the eligibility criteria defined in Clauses 3 and 4 of ITB;
b) the required documents in physical form submitted by the bidder as well as the
documents uploaded by the bidder are in order; and
c) is substantially responsive to the requirements of the Bidding Documents. During
the detailed evaluation of the “Financial Bids”, the responsiveness of the bids will
be further determined with respect to the remaining bid conditions, i.e., priced bill
of quantities, technical specifications etc.
28 Evaluation and Comparison of Financial Bids
The Employer will evaluate and compare only the bids determined to be substantially
responsive in accordance with Clause-26.

If the Bid of the successful Bidder is seriously unbalanced in relation to the

Engineer’s/Employer's estimate of the cost of work to be performed under the contract,
the Employer may require the Bidder to produce detailed price analyses for any or all
items of the Bill of Quantities, to demonstrate the internal consistency of those prices
with the construction methods and schedule proposed. After evaluation of the price
analyses, the Employer may require that the amount of the Performance Security set forth
in Clause-32.4 be increased and an Additional Performance Security of 05(five)
percent may be obtained at the expense of the successful Bidder to a level sufficient to
protect the Employer against financial loss in the event of default of the successful Bidder
under the Contract.
A bid, which contains several items in the Bill of Quantities which are unrealistically
priced low and which cannot be substantiated satisfactorily by the bidder, may be rejected
as non-responsive.
29 Price Preference
There will be no price preference to any bidder.

Page 23 of 104
 Section II
Instructions to Bidders (ITB)
F. Award of Contract
30 Award Criteria
Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid
has been determined to be substantially responsive to the bidding documents and who
has offered the lowest evaluated Bid Price.
31 Employer’s Right to Accept any Bid and to Reject any or all Bids
Notwithstanding Clause 32, the Employer reserves the right to accept or reject any
Bid, and to cancel the bidding process and reject all bids, at any time prior to the
award of Contract, without thereby incurring any liability to the affected Bidder or
bidders or any obligation to inform the affected Bidder or bidders of the grounds for
the Employer’s action.
32 Notification of Award and Signing of Agreement.
The bidder whose Bid has been accepted will be notified of the award by the
Employer prior to expiration of the Bid validity period by cable, telex or facsimile
confirmed by registered letter. This letter (hereinafter and in the Part I General
Conditions of Contract called the “Letter of Acceptance”) will state the sum that the
Employer will pay to the Contractor in consideration of the execution, completion and
maintenance of the Works, by the Contractor as prescribed by the Contract
(hereinafter and in the Contract called the “Contract Price”).
The notification of award (LOA) will constitute the formation of the Contract, subject
only to the furnishing of a performance security in accordance with the provisions of
Clause-32.
The Agreement will incorporate all agreements between the Employer and the
successful Bidder. It will be signed by the Employer and the successful Bidder after
the performance security is furnished.
Upon furnishing by the successful Bidder of the Performance Security, the Employer
will promptly notify the other Bidders that their Bids have been unsuccessful.
33 Performance Security
33.1 Within 07 (Seven) days after receipt of the Letter of Acceptance, the
successful Bidder shall deliver to the Employer a Performance Security of 05
(Five) Percent of the Contract Price, valid for the period of 60 days beyond the
completion of project i.e. after DLP/ Maintenance Period.
33.2 The performance security shall be in the form of a Bank
Guarantee/DD/NEFT in the name of the Employer, from a Bank as applicable in
case of bid security defined in Appendix to ITB.
33.3 Failure of the successful bidder to comply with the requirement of
sub-clause 33 shall constitute sufficient ground for cancellation of the award
and forfeiture of the bid security and debarment for a period as specified in
relevant clause of RFP.

Page 24 of 104
33.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the
Engineer’s/Employer's estimate of the cost of work to be performed under the
contract, the Employer may require the Bidder to produce detailed price analysis for
any or all items of the Bill of Quantities, to demonstrate the internal consistency of
those prices with the construction methods and schedule proposed. After evaluation of
the price analysis, the Employer may require that the amount of the Performance
Security set forth in Clause 32.1 be increased and an Additional Performance Security
be sought as per table below. The details of Additional Performance Security are
tabulated below:
Quoted Percentage
S. No. vis-à-vis Tender Details of Additional Performance Security
Amount
Upto
1 5% of the Estimated Contract Price
- (10%)
from:
2 10% of the Estimated Contract Price
– (11% to 20)
from:
3 15 % of the Estimated Contract Price
– (21 to 30 %)
Above
4. 20% of the Estimated Contract Price
-30 %

33.5 (Five) percent may be obtained at the expense of the successful Bidder to a
level sufficient to protect the Employer against financial loss in the event of
default of the successful Bidder under the Contract.

33.6 A bid, which contains several items in the Bill of Quantities which are
unrealistically priced low and which cannot be substantiated satisfactorily by the
bidder, may be rejected as non-responsive.

33.7 Within 07 (Seven) days after receipt of the Letter of Acceptance, the
successful Bidder shall deliver to the Employer a Performance Security of 05
(Five) Percent of the Contract Price & Additional Performane Security (if
applicable) as per Clause 33.4 which shall be valid for the period of 60 days
beyond the completion of project i.e. upto 60 Days after DLP/ Maintenance
Period is over.

Page 25 of 104
34 Advances -Deleted

35 Corrupt or Fraudulent Practices

The Employer will reject a proposal for award if it determines that the Bidder recommended
for award has engaged in corrupt or fraudulent practices in competing for the contract in
question and will declare the firm ineligible, either indefinitely or for a stated period of time,
to be awarded a contract with NHIDCL and any other agencies, if it at any time determines
that the firm has engaged in corrupt or fraudulent practices in competing for the contractor,
or inexecution.
The Employer requires the bidders/Contractors to strictly observe the laws against fraud and
corruption enforced in India, namely, Prevention of Corruption Act, 1988.

Appendix to ITB
Instructions to Bidders
Clause Reference
(1.1) The Employer is National Highways & Infrastructure
Development Corporation Limited, 3rdFloor, PTI Building,
4-Parliament Street, New Delhi-110001
(1.1) “Repair & Restoration(Maintenance) of 2-laning of existing
Akajan-Likabali-Bame road on Item Rate Basis from design
km 12.00 to km 33.00 (Total Length =21 Km) of Akajan-
Likabali-Bame Road (Package-1) Section in the state of
Arunachal Pradesh”
(4.4) Name of the Equipment Quantity
(B)(b)(i) Tipper/Trucks 2
Hydraulic Excavator /JCB 1
Motor Grader 1
Excavator 1.0 cum bucket capacity 1
Vibratory Roller 1
Hot Mix plant with Electronic Control
0
(Minimum 75 TPH Capacity)
Paver finisher 1
Front end Loader 0
Smooth Wheeled Roller 0
Tandem Roller 0
Bitumen pressure distributer Sqm per Hr.
1
Water Tanker 1
Concrete Mixer with Integrated weight
1
batching facility (mobile facility)
Generator set (63/100/250 KVA) 1
Any other equipment required for carrying out As per requirement
work as per Ministry’s specification.
Note: The bidder must upload scanned copy of the documentary
evidence in support of his owning/leased/ rented of the above
equipment. In case the bidder proposes to hire or take the above
equipment on lease, he should, along with the lease/rent agreement,
attach the proof of ownership of these equipment with the company/
entity from whom the equipment are proposed to be hired on
lease/rent.
Page 26 of 104
 TECHNICAL PERSONNEL REQUIREMENT
(4.4) The Number of Technical personnel, Qualifications and
(B) (b) (ii) Experience will be as follows:
The Technical Personnel are:
SL. No. Personnel Qualification Particular No. of Persons
Experience
(minimum
requirement)
5 years on highway
B.E (Civil) or equivalent
1 Project Manager Constructions / 1
+ 10 Years Exp.
maintenance work.
B.E (Civil) + 3Years 2 years on highway
2 Site Engineer Exp. Or Diploma + 5 Constructions / 2
Years Exp. maintenance work.
B.E.Civil+3YearsExp. 2 years on highway
3 Quantity Surveyor Or Constructions / 1
Dip.Civil.+5YearsExp. maintenance work.
B.E. Civil+ Year Exp.
Material Engineer 2 years on highway
4 Or 1
Dip. Civil+ 7 year Exp. Constructions /
maintenance work

Total 5
Note: The detailed signed and scanned CVs of the Key Technical
Personnel at S. No. 1 signed by the key personnel himself, must be
uploaded along with the bid. The name and educational qualification
of other personnel should be given. Non-Compliance of the above or
non furnishing of the CV as above.

Page 27 of 104
 SECTION III
QUALIFCATION INFORMATION
(To be filled by Bidder)

Page 28 of 104
 SECTION III
QUALIFCATION INFORMATION

The information to be filled in by the Bidder in this section & document submitted in physical
form will be used for the purposes of post qualification as provided for in Clause 4 of the
Instructions to Bidders. This information will not be incorporated in the Contract.
1. For Individual Bidders
1.1
a) Year of Constitution

b) legal status of Bidder (Proprietorship/Partnership or Pvt. Ltd. firm)

[Upload scanned copy of original]

c) Place of registration:

d) Principal place of business:

1.2 Power of attorney of signatory of Bid [Upload scanned copy & also supply Original
copy in envelope of physical form]

1.3 Total value of Civil Engineering construction work performed in the last Five years (in
Rs_______________________________________ Lakhs) refer ITB Clause 4.4 A (a)

(Upload scanned copies of certificate from Chartered Accountant & also supply original
certificate from Chartered Accountant).

2024-2025-------------
2023-2024-------------
2022-2023-------------
2021-2022-------------
2020-2021-------------

Total ----------------

Average per year---------------

Page 29 of 104
 1.4 (a) Work performed as Prime Contractor; work performed in the past as a nominated
sub- contractor provided further that all other qualification criteria are satisfied (in the
same name) of a similar nature during the last five years as per ITB Clause4.4A(b).

Project Name of the Description Contract Value of Date Stipulated Actual date Remarks
Name Employer * of work No. Contract of period of explaining
(Rs. issue completion completion reasons for
Crore) of delay &
work work
order

*Upload certificate(s) from the Employer (to be given by an officer at the rank of Executive
Engineer or equivalent & also supply original or certified copy in physical form in envelope)

Note:

(a) In case of nominated Sub-Contractor – a certificate from the Executive Engineer or

equivalent of the Prime Employer should be obtained from whom an approval for sub-
contractor has been obtained.
(b) Information on Bid Capacity (works for which bids have been submitted and accepted and
works which are yet to be completed) as on the date 7 days before the last date for bid
submission (as per Cl 4.6 of the ITB).

Page 30 of 104
 (i) Existing commitments and on-going works(B)
Escalated
value of
Value of remaining
Name & Anticipated
Description Value of Stipulated works work during
Place & Contract Address Escalation date of
of Contract Period of remaining to completion
State No. of factor completion
works (Rs Cr) Completion be completed on period of
Employer factor
(Rs. Cr) work of
which bids
are invited
1 2 3 4 5 6 7 8 9 10

* Upload certificate (s) from the Engineer(s)-in-Charge of the rank of Executive Engineer or
equivalent & also supply original or certified copy of certificate in physical form envelop for
table (i) above.

(ii) Details of works for which bid submitted and accepted (i.e., where contract signing is
pending)

Value of Work
During Completion
Date of issue
Place & Name & Value Stipulated period of work for
Description of of Letter of
State Address of Given in period for which bids are
works Acceptance
Employer LOA completion invited
(LOA) *

1 2 3 4 5 6 7

* Upload copy of issue of appointed date for table (ii) above.

(iii) Bid Capacity (Bidder shall calculate, mention his bid capacity and enclose the
supporting calculation)

A = Rs. ................ lakh (enclose the details)

N = …………years
B = Rs. ................ lakh (enclose the details)
C = Rs. ................ lakh (enclose the details)

Assessed available bid capacity= AxNx2.5 – B+C

= Rs. ............. Lakhs

Page 31 of 104
Availability of Key Equipment essential for carrying out the Works [Ref. Clause 4.4(B)(b) (i)]. The Bidder
should list all the information requested below.

Availability Proposals Page no. of

Item of Equipment Requirement the proof
Owned/Leased/
Nos./Capacity Age/Condition attached
rented
Tipper/Trucks
Hydraulic Excavator
Motor Grader
Excavator 1.0 cum
bucket capacity
Dozer 180 HP @ 60
cum per hr
Vibratory roller
Hot Mix plant with
Electronic Control
(Minimum 75 TPH
Capacity)
Paver Finisher
Front end Loader
Smooth Wheeled
Roller
Tandem Roller
Bitumen pressure
distributer @ 1750
sqm per hr
Water Tanker
Concrete Mixer with
Integrated weight
batching facility
Air Compressor
Generator set
(63/100/250 KVA)

Note: The bidder must upload the documentary evidence in support of his owning/leased/
rented of the above equipment. In case the bidder proposes to hire or take the above
equipment on lease, he should, along with the lease/rent agreement, attach the proof of
ownership of the equipment with the company/ entity from whom the equipment are
proposed to be hired on lease/ rent. The bidder shall submit an undertaking as per
Performa Appendix 1.7 (ITB, Section -2) of the bid document.

Qualification and Experience of Key Personnel required for administration and execution
of the Contract [Ref. Clause 4.4 (B) (b) (ii)]. Upload biographical data for technical
personnel (Refer also to Cl. 4.2 (e) of Instruction to Bidders).

(Refer also to Sub Clause 9.1 of the Conditions of Contract).

Page 32 of 104
 Total Experience in
Sl. Professional the proposed
Position Name Qualification
No. Experience position
(Years) (Years)
1. Project
Manager

2. Plant manager

3. Site Engineer

4. Soil and
Material
Engineer

Note: The detailed and signed CVs of the Key Technical Personnel at S. No. 1 signed by the key
personnel himself must be uploaded along with the bid. The name and educational
qualification of other personnel should begiven.

Information on litigation history in which the Bidder is involved.

Other Party Employer Cause of Amount Remarks

(ies) Dispute Involved showing
Present Status

2. Bidders should upload the scanned copy of the following affidavits/ undertakings as per
formats enclosed hereinafter & also send original copy of Affidavit/Undertakings:
(i) Affidavit (it should be on stamp paper attested by Notary Public)
(ii) Undertaking regarding minimum investment of cash towards working capital.
(iii) Undertaking that the Bids shall remain valid for the period specified in Clause15.1.

Page 33 of 104
 SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR
AVAILABILITY OF CREDIT FACILITIES
(Clause 4.1(i) of ITB)

BANK CERTIFICATE

This is to certify that M/s……………………...……………... is a reputed company `with a

good financial standing.

If the contact for the work, namely …………………………...is awarded to the above firm, we
shall be able to provide overdraft/credit facilities to the extent of Rs… ...................... to meet their
working capital requirements for executing the above contract during the contract period.

-------------------------

(Signature)
Name of Bank Senior Bank Manager
Address of the Bank

Page 34 of 104
 AFFIDAVIT

1. I, the undersigned, do hereby certify that all the statements made in the enclosed attachments
are true and correct.
2. The undersigned also hereby certifies that neither our firm
M/s has abandoned any work on
PWD/NHIDCL nor any contract awarded to us for such works have been rescinded, during
last five years prior to the date of this bid.
3. The undersigned hereby authorize(s) and request(s) any bank, person, firm or corporation to
furnish pertinent information deemed necessary and requested by PWD/NHIDCL to verify
this statement or regarding my (our) competence and general reputation.
4. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the PWD/NHIDCL
and within the prescribed time.

(Signed by an Authorized Representative of the Firm)

Name of the Representative

Name of Firm

DATE

Page 35 of 104
 (To be notarized by Notary)

UNDERTAKING

I, undersigned do here by undertake that our firm M/s _____________________would invest

minimum cash up to 25% of the value of the work during implementation of the Contract towards
the working capital.

(Signed by an Authorized Representative of the Firm)

Name of the Representative

Name of Firm

DATE

Page 36 of 104
 (To be notarized by Notary)

UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s.__________________

agree to abide by this bid for a
period of days after the date fixed for
receiving the same and it shall be binding on us and may be accepted at any time before the
expiration of that period.

(Signed by an Authorized Representative of the Firm)

Name of the Representative

Name of Firm

DATE

Page 37 of 104
 (On the letter head of the bidder)

Appendix 1.7 [Ref. clause 4.4 B (b) (i)]

Undertaking

I, the undersigned do hereby undertake .. that our firm M/s

................................................................................................... …….agree to provide and will
deploy required equipment as mentioned in the Appendix to ITB of the
work…………………………….……………………………………………………………………
further it is certified that the documents submitted as evidence of availability of the key
equipment for this work as stated in the Appendix to ITB, are genuine and correct. If anything,
contrary to the details as submitted is found at any stage NHIDCL would be at liberty to
debar/blacklist my firm for an appropriate period as decided by NHIDCL.

(Signed by an Authorized Representative of the Firm)

Name of the Representative

Name of Firm
(Seal of the company)

Date

Page 38 of 104
 Format for Power of Attorney (POA) for Signing of BID
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 and holding the position of ……………………………. , as our true and
lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf,
all such acts, deeds and things as are necessary or required in connection with or incidental to
submission of our BID for the Project proposed or being developed by the National Highways
& Infrastructure Development Corporation Ltd (the “Authority”) including but not limited to
signing and submission of all applications, BIDs and other documents and writings, participate
in Pre-BID and other conferences and providing information/ responses to the Authority,
representing us in all matters before the Authority, signing and execution of all contracts
including the agreement and undertakings consequent to acceptance of our BID, and generally
dealing with the Authority in all matters in connection with or relating to or arising out of our
BID for the said Project and/ or upon award thereof to us and/or until the entering into of the
EPC Contract with the Authority.

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

IN WITNESS WHEREOF WE, ………………., THE ABOVE-NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2022…..
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)

(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

Page 39 of 104
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 executants (s) and when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
 Wherever required, the Bidder should submit for verification the extract of the charter documents
and documents such as a board or shareholders’ resolution/ power of attorney in favour of the
person executing this Power of Attorney for the delegation of power hereunder on behalf of the
Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
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.

Page 40 of 104
 (SECTION-IV)

FORMS OF BANK GURANTEES,

LOA & AGREEMENT.

Page 41 of 104
 FORM OF BANK GUARANTEE FOR BID SECURITY
(Refer Clauses 16 of ITB, Section-II)
Contract Package No: NHIDCL/RO-ITA/02/Z/ALB-1/M&R-III/2025-26

To
Executive Director (Projects)
National Highways & Infrastructure Development Corporation Ltd.
Regional Office, Itanagar
GD Apartment, Senki Park, Division-IV, Near Govt. Middle School
Itanagar, Arunachal Pradesh-791113
e-mail: [email protected]
Ph.: +91-8415072860,
Tel. 0360-3555760

WHEREAS (Name of Bidder)

(hereinafter called the Bidder) wishes to submit his Bid for herein after called “the Bid” KNOW
ALL MEN by these present that we (Name of Bank)
of (Name of country) having our registered office at
( ) (hereinafter called the “Bank‟) are bound unto Managing
Director, National Highways & Infrastructure Development Corporation Ltd. (herein after called
“the Employer”) in the sum of the Rs. (Rupees
) *for which payment can truly be made to the said
Employer. The Bank bind themselves, their successors and assigns by these present with the
common seal of the Bank this day of________________and undertake to pay the
amount of Rs._____________________to the employer upon
receipt of his first written demand without the employer having to substantiate his demand.
The conditions of this obligation are:
(i) If the Bidder withdraws his Bid during the period of Bid validity specified in the Form of
Bid.
Or
(ii) If the Bidder having been notified of the acceptance of his Bid by the Employer during the
period of Bid validity.
(a) fails or refuses to execute the Form of Agreement in accordance with the instructions to
bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the Instruction to
Bidders.
We undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the employer having to substantiate his demand, provided that in his demand
the Employer will note that the amount claimed by him is due to him owing to the occurrence of
any one of the above conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including the date 45 days beyond the validity of
the bid as stated in the Instructions to Bidders or as it may be extended by the Employer, at any

Page 42 of 104
time prior to the closing date for submission of the Bidders Notice of which extension to the
Bank is hereby waived. Any demand in respect of this guarantee should be made on the Bank on
or before the date of expiry of this guarantee.

This Guarantee shall also be operatable at our ......................... Branch at Itanagar, Arunachal
Pradesh 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.

Notwithstanding anything contained herein before, our liability under this guarantee is restricted
to Rs. (Rs __________________________________In words)
and the guarantee shall remain valid till ________. Unless a claim or a demand in writing is
served upon us on or before all our liability under this guarantee shall cease.

Bank Guarantee has been sent to authority’s bank through SFMS gateway as per the details below:-

S. No. Particulars Details

National Highways & Infrastructure Development
1. Name of Beneficiary Corporation Limited (NHIDCL), Regional Office
Itanagar
2. Beneficiary Bank Account No. 79401010003226
3. Beneficiary Bank Branch CNRB0003435
4. Beneficiary Bank
CANARA BANK
Branch Name
5.
Beneficiary Bank Address Itanagar Branch, Arunachal Pradesh

SIGNATURE OF AUTHORISED REPRESENTATIVE OF THE BANK

NAME AND DESIGNATION
EMPLOYEE CODE NUMBER SEAL OF THE BANK
SIGNATURE OF THE WITNESS (IF THIS IS TO BE WITNESSED AS PER BANK’S
POLICY)
NAME OF THE WITNESS
ADDRESS OF THE WITNESS

Page 43 of 104
NOTE:

The prospective bidders have the option to either submit BG towards Bid Security
as per prescribed format given above or make payment directly in the Account
mentioned above through DD/NEFT/RTGS and upload a copy of transaction details
with the Tender Documents. Also, submit Original Copy with the Physical Tender.

Bank Details for depositing above said Amount is as under:

S. No Particulars Details
1 National Highways & Infrastructure Development
Name of Beneficiary Corporation Limited (NHIDCL), Regional Office
Itanagar
2
Beneficiary Bank Account No. 79401010003226
3 Beneficiary Bank Branch CNRB0003435
4 Beneficiary Bank
CANARA BANK
Branch Name
5
Beneficiary Bank Address Itanagar Branch, Arunachal Pradesh

Page 44 of 104
 FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY/
ADDITIONAL PERFORMANCE SECURITY

Contract Package No: NHIDCL/RO-ITA/02/Z/ALB-1/M&R-III/2025-26

To
Executive Director (Projects)
National Highways & Infrastructure Development Corporation Ltd.
Regional Office, Itanagar
GD Apartment, Senki Park, Division-IV, Near Govt. Middle
School Itanagar, Arunachal Pradesh-791113
e-mail: [email protected]
Ph.: +91-8415072860,
Tel. 0360-3555760

WHEREAS,……………………………… (name and address of contractor) hereinafter

called “the contractor” has undertaken, in pursuance of Letter of Acceptance No.
……………. Dated………………..to execute… .............................. (Name of Contract and
brief description of Works) (Hereinafter called “the Contract”).

AND WHEREAS, it has been stipulated by you in the said contract that the Contractor
shall furnish you with a Bank Guarantee for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;

AND WHEREAS, we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREOF we hereby affirm that we are the guarantor and responsible to you on
behalf of the Contractor, up to a total of Rs……………… (amount of guarantee) (Rupees…
...................................................................(in words), and we undertake to pay you, upon
your first written demand and without cavil or argument, any sum or sums within the limits
of ...............................................................(amount of guarantee) as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified
therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
contract or of the works to be performed there under or of any of the contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
Page 45 of 104
modification.
This guarantee shall be valid until 28 days from the date of completion of project.
This guarantee shall also be operatable at our............................ Regional Office Bank
Branch, Itanagar, from whom, confirmation regarding the issue of this guarantee or
extension/ renewal thereof shall be made available on demand. In the contingency of this
guarantee being invoked and payment there under claimed, the said branch shall accept
such invocation letter and make payment of amounts so demanded under the said
invocation.
The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) platform & shall invariably send an advice of this Bank Guarantee to the
designated bank of NHIDCL, details of which is as under:

S. No Particulars Details
1 National Highways & Infrastructure
Name of Beneficiary Development Corporation Limited
(NHIDCL), Regional Office Itanagar
2
Beneficiary Bank Account No. 79401010003226
3 Beneficiary Bank Branch CNRB0003435
4 Beneficiary Bank
CANARA BANK
Branch Name
5
Beneficiary Bank Address Itanagar Branch, Arunachal Pradesh

Signature and seal of the Guarantor with Name, Designation, Employee

Code Number & Telephone
Number………………………………………………………

Name of the Issuing Bank/ Branch ………………………

Name of the Controlling Branch/Bank…..

Address & Telephone Number……………………………

Address & Telephone Number………….

Date…………………………..

Page 46 of 104
In the presence of (if this is to be witnessed as per Bank’s
Policy)…………………………………

1…………………………………………………………………………
……………… (Name, Address &Occupation)

2…………………………………………………………………………
……………… (Name, Address &Occupation)

An amount shall be inserted by the Guarantor, representing the percentage of the Contract
Price specified in the Contract including additional security for unbalance bids, if any and
denominated in Indian Rupees.

NOTE:
The prospective bidders have the option to either submit BG towards
Performance Security/Additional Performance Security as per prescribed
format given above or make payment directly in the Account mentioned
above through DD/FDR/NEFT/RTGS and upload a copy of transaction
details on eProcurement Portal. Original Copy shall be submitted along-with
the Physical Tender.

Bank Details for depositing above stated amount is as under:

S. No Particulars Details
1 National Highways & Infrastructure
Name of Beneficiary Development Corporation Limited
(NHIDCL), Regional Office Itanagar.
2
Beneficiary Bank Account No. 79401010003226
3 Beneficiary Bank Branch CNRB0003435
4 Beneficiary Bank
CANARA BANK
Branch Name
5 Itanagar Branch, Arunachal
Beneficiary Bank Address
Pradesh

Page 47 of 104
 FORM OF LETTER OF APPLICATION

To

Executive Director (Projects)

National Highways & Infrastructure Development Corporation Ltd.
Regional Office, Itanagar
GD Apartment, Senki Park, Division-IV, Near Govt. Middle School Itanagar, Arunachal
Pradesh-791113
e-mail: [email protected]
Ph.: +91-8415072860,
Tel. 0360-3555760

DESCRIPTION OF WORKS: ……………………………………………..

Dear Sir,

Having examined the Bid Document, Instruction to Bidders, Qualification, Information,

Scope of works, etc., for the subject work. We, hereby submit our bid for the subject work.

It is certified that the information furnished in this document is true and correct. The
proposal is unconditional and unqualified. We undersigned accept that NHIDCL reserves the
right to reject any or all application without assigning any reason.

Thanking you,

Yours faithfully,

(Authorized Signatory) for and on behalf of

M/s

Page 48 of 104
 FORM OF LETTER OF ACCEPTANCE

No.…………………………. Dated…………...…...

To

M/s………………………….

Sub.: …………………………. Name of Work

……………………………………………………………

Sir,

Based on your bid submitted on…………………………….in compliance with the bidding

document of NHIDCL for Execution of the work of…………………………….., it is hereby
notified that your bid for a contract price of Rs…………………(Rupees
inwords………………………………...)has been accepted for and on behalf of NHIDCL.

You are hereby requested to furnish Performance Security plus Additional Security in the
form detailed in
Para.33.2ofITBforanamountequivalenttoRs………………………………(Rupeesinwords… .... )
within07 days as per provisions of clause 33.1 of ITB of the bid document and sign the contract
agreement failing which the actions as stipulated in clause-.33.3 of ITB shall be taken.

Thanking You

Yours faithfully,

(………………..)
Executive Director (Projects)

Page 49 of 104
 FORM OF AGREEMENT
AGREEMENT
This agreement made the
dayof________________________2022___________________________between the National
Highways & Infrastructure Development Corporation Ltd., New Delhi (hereinafter called “the
Employer” of the one part and ___________
(here in after called “the Contractor”) of the OTHER PART.
AND WHEREAS, the Employer invited bids from eligible bidders of the execution of certain works, viz
“Repair & Restoration of Two-laning of existing Akajan-Likabali-Bame road on item rate basis
from Design km 12.00 to km 33.00 (Total Length =21 Km) on Akajan-Likabali-Bame Road
(Package-1) Section in the state of Arunachal Pradesh.” AND WHEREAS pursuant to the bid
submitted by the Contractor, vide letter dated…… (herein after referred to as the “BID” or “OFFER”)
for the execution of works, the Employer by his letter of acceptance dated_______________accepted the
offer submitted by the Contractor for the execution and completion of such works and the remedying of
any defects thereon, on terms and conditions in accordance with the documents listed in para 2 below.
AND WHEREAS, the Contractor by a deed of undertaking dated__________________has agreed to
abide by all the terms of the bid, including but not limited to the amount quoted for the execution of
Contract, as stated in the bid, and also to comply with such terms and conditions as may be required from
time to time.
AND WHEREAS, pursuant to the bid submitted by the Contractor vide letter dated_______________
(hereinafter referred to as the “the Offer”), the employer has by his letter of acceptance
no.______________________ accepted the offer submitted by the Contractor for the execution and
completion of such works and the remedying of any defects therein, on terms and conditions in
accordance in the conditions of particular application and condition included hereinafter;
AND WHEREAS, the contractor has agreed to undertake such works and has furnished a performance
security pursuant to clause 33 of the instructions to bidders (Section-I).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1 In this agreement works and expressions shall have the same meanings as are respectively assigned to
them in the conditions of contract hereinafter referred to;
2 The following documents shall be deemed to form and be read and constructed as part of this
agreement viz.
a) The Contract Agreement,
b) Letter of Acceptance,
c) Notice to proceed with the works,
d) Contractor's Bid,
e) Contract Data,
f) Conditions of Contract including Special Conditions of Contract
Page 50 of 104
 g) Technical Specifications,
h) Drawings, if any
i) Scope of work
j) Bill of Quantities
k) Any other document listed in the Contract Data.
3 The foregoing documents shall be constructed as complementary and mutually explanatory
one with another. Should any ambiguities or discrepancy be noted then the order of
precedence of these documents shall subject to the condition of particular applications be as
listed above.
4 In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to execute and complete the
works and remedy any defects therein in conformity in all respect with the provisions of the
contract.
5 the employer hereby covenants to pay the contractor in consideration of the execution and
completion of the works and the remedying of defects therein the contract price or such other
sum as may become payable under the provisions of the contract at the times and in the
manner prescribed by the contract.
IN WITNESS WHEREOF the parties here to have caused this agreement to be executed the
day and year first before written, signed, sealed and delivered by the said Employer through
his Authorized Representative and the said Contractor through his Power of Attorney holder
in the presence of:
Binding Signature of Employer

For and on behalf of

National
rd
Highways & Infrastructure Development Corporation Ltd.
3 Floor, PTI Building,
4-Parliament Street,
New Delhi-110001

Binding Signature of Contractor

For and on behalf of

In the presence of In the Presence of

1. Name: 1. Name:
Address: Address:
2. Name: 2. Name:
Address: Address:

Page 51 of 104
 (SECTION-V)
CONDITIONS OF CONTRACT AND
CONTRACT DATA

Page 52 of 104
Table of Clauses

Sl. Sl. No.

No.
A. General C. Quality Control
1 Definitions 31 Identifying Defects
2 Interpretation 32 Tests
3 Language and Law 33 Correction of Defects
4 Engineer’s Decisions 34 Uncorrected Defects
5 Delegation D. Cost Control
6 Communications 35 Bill of Quantities
7 Subcontracting 36 Variations
8 Other Contractors 37 Payments for Variations
9 Personnel 38 Cash Flow Forecasts
10 Employer’s and Contractor’s Risks 39 Payment Certificates
11 Employer’s Risks 40 Payments
12 Contactor’s Risks 41 Compensation events
13 Insurance 42 Tax and currencies for payment
14 Site Investigation Reports 43 Price adjustment
15 Queries about the Contract Data 44 Security Deposit/ Retention Money
16 Contractor to Construct the works and do 45 Liquidated damages
maintenance
17 The works to be Completed by the 46 Advance Payment
Intended Completion Date
18 Approval by the Engineer 47 Securities
19 Safety 48 Cost of Repairs
20 Discoveries E. Finishing the Contract
21 Possession of the Site 49 Completion
22 Access to the Site 50 Taking Over
23 Instructions 51 Final Account
24 Deleted 52 Operating and maintenance manual
25 Arbitration 53 Termination
26 Deleted 54 Payment upon Termination
B. Time Control 55 Property
27 Programme 56 Release from performance
28 Extension of Completion Date F. Special Conditions of Contract
29 Delays Ordered by the Engineer 57 Labour
30 Management Meetings 58 Compliance with Labour Regulation
59 Drawings and Photographs of the works
60 The Apprenticeship Act, 1961

Page 53 of 104
 Section V

CONDITIONS OF CONTRACT

Part I: General Conditions of Contract (GCC) and Contract Data

A. General

1. Definitions

Terms which are defined in the Contract Data are not defined in the Conditions of
Contract but keep their defined meanings. Capital initials are used to identify defined
terms.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
Compensation Events are those defined in Clause 41 hereunder.
The Completion Date is the date of completion of the Works as certified by the Engineer, in
accordance with Clause 49.1.
The Contract is the Contract between the Employer and the Contractor to execute, complete,
and maintain the Works. It consists of the documents listed in Clause2.3.
The Contract Data defines the documents and other information, which comprise the Contract.
The Contractor is a person or corporate body whose Bid to carry out the Works has been
accepted by the Employer.
The Contractor's Bid is the completed bidding document submitted by the Contractor to the
Employer and includes technical and financial bids.
The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in
accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects Liability Certificate is the certificate issued by Engineer, after the Defect Liability
Period has ended and upon correction of Defects by the Contractor.
The Defects Liability Period is NIL for the Project.
Drawings include calculations and other information provided or approved by the Engineer for
the execution of the Contract.
The Employer is the party as defined in the Contract Data, who employs the Contractor to carry
out the Works. The Employer may delegate any or all of its functions to a person or body
nominated by him for specified functions.

Page 54 of 104
The Engineer is the person named in the Contract Data (or any other competent person
appointed by the Employer and notified to the Contractor, to act in replacement of the Engineer)
who is responsible for supervising the execution of the Works and administering the Contract.
Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to
construct the Works.
The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works. The Intended Completion Date is specified in the Contract Data. The
Intended Completion Date may be revised only by the Engineer by issuing an extension of time
after the approval from Employer.
Materials are all supplies, including consumables, used by the Contractor for incorporation in
the Works.
Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function.
The Site is the area defined as such in the Contract Data.
Site Investigation Reports are those that were included in the bidding documents and are
factual interpretative reports about the surface and subsurface conditions at the Site.
Specification means the Specification of the Works included in the Contract and any
modification or addition made or approved by the Engineer.
The Start Date is given in the Contract Data. It is the date when the Contractor shall commence
execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.
A Sub-Contractor is a person or corporate body who has a Contract with the Contractor to carry
out a part of the work in the Contract, which includes work on the Site.
Temporary Works are works designed, constructed, installed, and removed by the Contractor
that are needed for construction or installation of the Works.
A Variation is an instruction given by the Engineer after the approval from NHIDCL, which
varies the Works.
The Works are what the Contract requires the Contractor to construct, install, maintain, and
handover to the Employer, as defined in the Contract Data.
2. Interpretation
In interpreting these Conditions of Contract, singular also means plural, male also means
female or neuter, and the other way around. Headings have no significance. Words have
theirnormalmeaningunderthelanguageoftheContractunlessspecificallydefined.TheEngineer
will provide instructions clarifying queries about these Conditions of Contract.

Page 55 of 104
 If sectional completion is specified in the Contract Data, references in the Conditions of
Contract to the Works, the Completion Date, and the Intended Completion Date apply to
any Section of the Works (other than references to the Completion Date and Intended
Completion Date for the whole of the Works).

The documents forming the Contract shall be interpreted in the following order of
priority.
(a) Agreement,
(b) Letter of Acceptance
(c) Contractor’s Bid,
(d) Contract Data,
(e) Conditions of Contract
(f) Technical Specifications,
(g) Drawings, if any
(h) Implementation Manual
(i) Scope of Work
(j) Bill of Quantities, and
(k) Any other document listed in the Contract Data.

3. Language and Law

The language of the Contract and the law governing the Contract are stated in the
Contract Data.

4. Engineer's Decisions

Except where otherwise specifically stated, the Engineer will decide contractual
matters between the Employer and the Contractor in the role representing the
Employer.

5. Delegation

The Engineer, duly informing the Employer, may delegate any of his duties and
responsibilities to other people except to the Adjudicator, after notifying the
Contractor, and may cancel any delegation after notifying the Contractor.

6. Communications

Communications between parties that are referred to in the Conditions shall be

effective only when in writing. A notice shall be effective only when it is delivered.

7. Subcontracting

The Contractor may subcontract any portion of work, up to a limit specified in

Contract Data, with the prior approval of the Employer in writing. Subcontracting
shall not alter the Contractor's obligations.

The Contractor shall not be required to obtain any consent from the Employer for:

Page 56 of 104
 a. the sub-contracting of any part of the Works for which the Sub-Contractor is named in
the Contract;
b. the provision of labour or labour component.
c. the purchase of Materials which are in accordance with the standards specified in the
Contract.

Beyond what has been stated in clauses 7.1 and 7.2, if the Contractor proposes sub-
contracting of any part of the work during execution of the Works, because of some
unforeseen circumstances to enable him to complete the Works as per terms of the
Contract, the Employer will consider the following before according approval:

a) The Contractor shall not sub-contract the Works more than the limit specified in Contract
Data.
b) The Contractor shall not sub-contract any part of the Work without prior consent of the
Employer. Any such consent shall not relieve the Contractor from any liability or
obligation under the Contract and he shall be responsible for the acts, defaults and
neglects of any of his sub-Contractor, his agents or workmen as fully as if they were the
acts, defaults or neglects of the Contractor, his agents and workmen.
The Engineer should satisfy himself before recommending to the Employer whether
a) the circumstances warrant such sub-contracting; and
b) the sub-Contractor so proposed for the Work possess the experience, qualifications and
equipment necessary for the job proposed to be entrusted to him in proportion to the
quantum of Works to be sub-contracted.

8. Other Contractors
The Contractor shall cooperate and share the Site with other Contractors, public
authorities, utilities, and the Employer between the dates given in the Schedule of Other
Contractors, as referred to in the Contract Data. The Contractor shall also provide
facilities and services for them as described in the Schedule. The Employer may modify
the Schedule of Other Contractors, and shall notify the Contractor of any such
modification.

9. Personnel

The Contractor shall employ the technical personnel named in the Contract Data or other
technical persons approved by the Engineer. The Engineer will approve any proposed
replacement of technical personnel only if their relevant qualifications and experience
are substantially equal to or better than those of the personnel stated in the Contract
Data. If the personnel stated in the contract data are not deployed on site by the
contractor, it will be treated as a breach of contract and action will be taken as per clause
53.

If the Engineer asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within seven days and has no further connection with the Works
in the Contract.
10. Employer's and Contractor’s Risks

The Employer carries the risks which this Contract states are Employer's risks, and
the Contractor carries the risks which this Contract states are Contractor’s risks.
Page 57 of 104
11. Employer's Risks

The Employer is responsible for the excepted risks which are (a)
in so far as they directly affect the execution of the Works in the
Employer’s country, the risks of war, hostilities, invasion, act of
foreign enemies, rebellion, revolution, insurrection or military or
usurped power, civil war, riot commotion or disorder (unless
restricted to the Contractor’s employees), natural calamities and
contamination from any nuclear fuel or nuclear waste or radioactive
toxic explosive, or (b) a cause due solely to the design of the Works,
other than the Contractor’s design.

12. Contractor’s Risks

All risks of loss of or damage to physical property and of personal

injury and death, which arise during and in consequence of the
performance of the Contract other than the excepted risks,
referred to in clause 11.1, are the responsibility of the Contractor.

13. Insurance

The Contractor at his cost shall provide, in the joint names of the
Employer and the Contractor, insurance cover from the Start Date
to the end of completion of work for events (a) to (d), in the
amounts and deductibles stated in the Contract Data for the
following events which are due to the Contractor’s risks:

a) Loss of or damage to the Works, Plant and Materials;

b) Loss of or damage to Equipment;
c) Loss of or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with the Contract; and
d) Personal injury or death.

Insurance policies and certificates for insurance shall be delivered

by the Contractor to the Engineer for the Engineer's approval
before the Start Date. All such insurance shall provide for
compensation to be payable in Indian Rupees to rectify the loss or
damage incurred.

If the Contractor does not provide any of the policies and

certificates required, the Employer may effect the insurance which
the Contractor should have provided and recover the premiums
the Employer has paid from payments otherwise due to the
Contractor or, if no payment is due, the payment of the premiums
shall be debt due.

Alterations to the terms of insurance shall not be made without

the approval of the Engineer.

13.4 Both parties shall comply with any conditions of the insurance policies.

Page 58 of 104
14. Site Investigation Reports

The Contractor, in preparing the Bid, may rely on any Site

Investigation Reports referred to in the Contract Data,
supplemented by any other information available to him, before
submitting the bid.
15. Queries about the Contract Data

Executing Director will clarify queries on the Contract Data.

16. Contractor to Construct the Works & do maintenance

The Contractor shall construct, install and maintain the Works in

accordance with the documents forming part of the contract.

17. The Works to Be Completed by the Intended Completion Date

The Contractor may commence execution of the Works on the

Start Date and shall carry out the Works in accordance with the
Programme submitted by the Contractor, as updated with the
approval of the Engineer, and complete them by the Intended
Completion Date.

18. Approval by the Engineer

The Contractor shall submit Specifications and Drawings showing

the proposed Temporary Works to the Engineer, who is to
approve them if they comply with specifications and drawings.

The Contractor shall be responsible for design of Temporary Works.

The Engineer's approval shall not alter the Contractor's

responsibility for design of the Temporary Works.

The Contractor shall obtain approval of third parties to the design

of the Temporary Works, where required.

All Drawings prepared by the Contractor for the execution of the

temporary or permanent Works, are subject to prior approval by
the Engineer before their use.

19. Safety

The Contractor shall be responsible for the safety of all activities on the
Site.

20. Discoveries

Anything of historical or other interest or of significant value

unexpectedly discovered on the Site shall be the property of the
Employer. The Contractor shall notify the Engineer of such

Page 59 of 104
 discoveries and carry out the Engineer's instructions for dealing
with them.

21. Possession of the Site

The Employer shall give complete possession of the Site to the
Contractor on the date of signing of agreement.

22. Access to the Site

The Contractor shall allow access to the Site and to any place
where work in connection with the Contract is being carried out,
or is intended to be carried out to the engineer and any
person/persons/agency authorized by:
a. The Engineer
b. The Employer

23. Instructions
The Contractor shall carry out all instructions of the Engineer,
which comply with the applicable laws where the Site is located.

The Contractor shall permit the Employer to inspect the

Contractor's accounts and records relating to the performance of
the Contractor and to have them audited by Auditors appointed by
the Employer if so required by the Employer.

24. Deleted

25. ARBITRATION

The procedure for arbitration will be as follows:

(a) In case of Dispute or difference arising between the Employer and a domestic contractor
relating to any matter arising out of or connected with this agreement, such disputes or
difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996.
The arbitral tribunal shall consist of 3 arbitrators one each to be appointed by the Employer
and the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed
by the Parties and shall act as presiding arbitrator. In case of failure of the two arbitrators
appointed by the parties to reach upon a consensus within a period of 30 days from the
appointment of the arbitrator appointed subsequently, the Presiding Arbitrator shall be
appointed by the Secretary General of Indian Road Congress.

(b) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) and (b)
above within 30 days after receipt of the notice of the appointment of its arbitrator by the
other party, then the Secretary General of Indian Road Congress shall appoint the arbitrator.
A certified copy of the order of the Secretary General of Indian Road Congress making such
an appointment shall be furnished to each of the parties.

(c) Arbitration proceedings shall be held at New Delhi, India, and the language of the
arbitration proceedings and that of all documents and communications between the parties
shall be English.

(d) The decision of the majority of arbitrators shall be final and binding upon both parties.

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(e) The cost and expenses of Arbitration proceedings will be borne equally by both parties in
accordance with the following fee structure (the signing of the contract shall be the
acceptance of the fee structure given below by both the parties):

S. No. Particulars of fee and other charges Schedule Amount payable per
Arbitrator/ per case
Arbitrator fee Rs.15,000/- per day subject to a
publishing the Award within 12 months.
1. 12 months will be reckoned
from the date of first meeting.
2. Reading Charges Rs.15,000/-
Secretarial Assistance and Incidental Rs.20,000/-
3. Charges (telephone, fax, postage etc.)
Charges for Publishing/ declaration of Maximum of Rs.20,000/-
4.
the Award
Other expenses (As per actual Economy class by air, first class AC by
Against bills subject to maximum train, AC car by road.
of the prescribed ceiling given below)
Traveling Expenses, Lodging and (i) Up to Rs.15,000/- per day (metro
5. Boarding cities)
(ii) Up to Rs.7,000/- per day (other
cities)
(iii) Rs.3,000/- per day own
arrangement)
6. Local Travel Rs.1,500/- per day
Extra charges for days other than Rs.3,500/- per day
7. hearing / meeting days (maximum for 2
days
Note:- Lodging, boarding and traveling expenses shall be allowed only for those
members who are residing 100kms. Away from place of meeting.
Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be
considered as Metro Cities.

However, the expenses incurred by each party in connection with the preparation,
presentation, etc. of its proceedings shall be borne by each party itself.

(f) Performance under the contract shall continue during the arbitration proceedings and
payments due to the contractor by the employer shall not be withheld, unless they are the
subject matter of the arbitration proceedings.

26. Deleted

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 B. Time Control

27. Programme

The Engineer shall issue the indent of work in stages specifying the time limit for the same as and
when required. The Contractor shall submit to the Engineer for approval a programme within the
time stipulated in the Contract Data showing the general methods, arrangements, order, and
timing for all the activities in the Works, along with monthly cash flow forecasts.

An update of the Programme shall be a programme showing the actual progress achieved on each
activity and the effect of the progress achieved on the timing of the remaining Works, including
any changes to the sequence of the activities.

The Contractor shall submit to the Engineer for approval an updated Programme at intervals. If
the Contractor does not submit an updated Programme within this period, the Engineer may
withhold the amount stated in the Contract Data from the next payment certificate and continue to
withhold this amount until the next payment after the date on which the overdue Programme has
been submitted.

The Engineer's approval of the Programme shall not alter the Contractor's obligations. The
Contractor may revise the Programme and submit it to the Engineer again at anytime. A revised
Programme shall show the effect of Variations and Compensation Events.

28. Extension of the Intended Completion Date

The Engineer shall extend the Intended Completion Date only after the approval of NHIDCL if a
Compensation Event occurs or a Variation is issued which makes it impossible for Completion to
be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the
remaining Works, which would cause the Contractor to incur additional cost.

The Engineer shall decide whether and by how much time to extend the Intended Completion
Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of a
Compensation Event or Variation and submitting full supporting information. If the Contractor
has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in
assessing the new Indented Completion Date.

29. Delays Ordered by the Engineer

The Engineer may instruct the Contractor to delay the start or progress of any activity within the
Works. Delay/delays totaling more than 30 days will require prior written approval of the
Employer.

30. Management Meetings

The Engineer may require the Contractor to attend a management meeting. The business of a
management meeting shall be to review the plans for the Works.

The Engineer shall record the business of management meetings and provide copies of the record
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to those attending the meeting. The responsibility of the parties for actions to be taken shall be
decided by the Engineer either at the management meeting or after the management meeting and
stated in writing to all those who attended the meeting.

C. Quality Control

31. Identifying Defects

The Engineer shall check the Contractor's work and notify the Contractor of any Defects that are
found. Such checking shall not affect the Contractor's responsibilities. The Engineer may instruct
the Contractor to search for a Defect and to uncover and test any work that the Engineer considers
may have a Defect.

32. Tests

The contractor shall be solely responsible for:

a. Carrying out the mandatory tests prescribed in the documents forming part of
contract.
b. For the correctness of the test results, whether preformed in his laboratory or
elsewhere.
If the Engineer instructs the Contractor to carry out a test not specified in the Specification to
check whether any work has a Defect and the test shows that it does, the Contractor shall pay for
the test and any samples.
Subject to further condition in contract data

33. Correction of Defects noticed during the Defect Liability Period.

It is the terms of contract that Short Term Improvement and Maintenance of road shall be of very
high standard, requiring no major repairs as per Appendix-I after the date of completion of works.

If any defects including shrinkage, cracks, and other faults appear in the work within Twelve
months of “Taking over” certificate, the Engineer shall give notice to the Contractor of any
defects before the end of the Defects Liability Period, which begins at Completion, and is for
Twelve months thereafter. The Defects Liability shall be extended for as long as defects remain to
be corrected.

Every time notice of a defect is given; the Contractor shall correct the notified defect at his own
cost within the length of time specified by the Engineer’s notice. If the contractor is in default the
Engineer shall cause the same to be made good by other workmen and deduct the expenses from
any sums that may be due to the contractor.

34. Uncorrected Defects

If the Contractor has not corrected a Defect/completed the work, to the satisfaction of the
Engineer, within the time specified in the Engineer's notice, the Engineer will assess the cost of
having the Defect corrected/completed, and the Contractor will pay this amount.

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 D. Cost Control
35. Bill of Quantities

The Bill of Quantities shall contain items for the construction, installation, testing, and
commissioning and maintaining works to be done by the Contractor.

The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the
quantity of the work done at the rates in the Bill of Quantities for each item for the work executed.

Changes in the Quantities

If the final quantity of the work-done differs from the quantity in the Bill
of Quantities for the particular item by more than 25 percent provided the
change exceeds 1% of initial Contract Price, the Engineer shall adjust the
rate to allow for the change. The Engineer shall follow the guidelines of
the Employer to determine the changed rate.
The Engineer shall not adjust rates from changes in quantities if thereby
the Initial Contract Price is exceeded by more than 15 percent, except with
the Prior approval of the Employer. If requested by the Engineer, the
Contractor shall provide the Engineer with a detailed cost breakdown of
any rate in the Bill of Quantities.

Deleted

Deleted

36. Variations

The Engineer shall, having regard to the scope of the Works and the sanctioned estimated cost,
have power to order only after approval from NHIDCL / as per NHIDCL guidelines, in writing,
Variations within the scope of the Works he considers necessary or advisable during the progress
of the Works. Such Variations shall form part of the Contract and the Contractor shall carry them
out and include them in updated Programmes produced by the Contractor. Oral orders of the
Engineer for Variations, unless followed by written confirmation, shall not be taken into account.

37. Payments for Variations

If rates for Variation items are specified in the Bill of Quantities, the Contractor shall carry out
such work at the same rate. This shall apply for Variations only up to the limit prescribed in the
Clause 35. If the Variation exceeds this limit, the rate shall be derived under the provisions of
clause 37.2 and 37.3 for quantities (higher) exceeding the deviation limit.

For works where Schedule of Rates (SOR) of concerned circle of State’s Public Works
Department are available shall be applicable for determination of costs. If the rates for Variation
are not specified in the SOR, the Engineer shall derive the rate from similar items in the Bill of
Quantities.

If the rate for Variation item cannot be determined in the manner specified in Clause 37.1 or
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 37.2, the Contractor shall, within 14 days of the issue of order of Variation work, inform the
Engineer the rate which he proposes to claim, supported by analysis of the rates. The Engineer
shall assess the quotation and determine the rate based on prevailing market rates within one
month of the submission of the claim by the Contractor and approval from NHIDCL will be
taken. As far as possible, the rate analysis shall be based on the standard data book and the
current schedule of rates of the PWD(NH) division. The decision of the Employer on the rate so
determined shall be final and binding on the Contractor.

38. Cash Flow Forecasts

When the Programme is updated, the Contractor shall provide the Engineer within updated cash
flow forecast.

39. Payment Certificates

The Contractor shall submit to the Engineer monthly statements of the value of the work
executed less the cumulative amount certified previously supported with detailed
measurement of the items of work executed.
The Engineer shall check the Contractor's monthly statement within 14 days and certify the
amount to be paid to the Contractor after taking into account any credit or debit for the
month in question.
The value of work executed shall be determined, based on measurements by the Engineer.
The value of work executed shall comprise the value of the quantities of the items in the
Bill of Quantities completed.
The value of work executed shall also include the valuation of Variations and
Compensation Events.
The Engineer / Employer may exclude any item certified in a previous certificate or reduce
the proportion of any item previously certified in any certificate in the light of later
information.
The final bill shall be submitted by the contractor within one month of the actual date of
completion of the work; otherwise, the Engineers certificate of the measurement and of the
total amount payable for work accordingly shall be final and payment made accordingly
within a period of sixty days as far as possible.

40. Payments
Payments shall be adjusted for deductions for advance payments, security deposit, other
recoveries in terms of the Contract and taxes at source, as applicable under the law. The
Employer shall pay the Contractor the amounts Engineer had certified within 14 days of the
date of each certificate.

The Authorized Representative of the Employer shall make the payment certified by the
Engineer.

Items of the Works for which no rate or price has been entered in the Bill of Quantities, will not
be paid for by the Employer and shall be deemed to be covered by other rates and prices in the
Contract.

41. Compensation Events

The following shall be Compensation Events unless they are caused by the Contractor:
a) The Engineer orders a delay or delays exceeding a total of 30days.
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 b) The effects on the Contractor of any of the Employer’s Risks.

If a Compensation Event would prevent the Works being completed before the Intended
Completion Date, the Intended Completion Date shall be extended. The Engineer shall decide
whether and by how much the Intended Completion Date shall be extended after the approval of
the employer.

The contractor shall not be entitled to compensation to the extent that the Employer’s interests are
adversely affected by the Contractor not having given early warning or not having cooperated
with the Engineer/Employer.

42. Taxes & Currencies for payments

The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other
levies, duties, royalties, Cess, toll, taxes of Central and State Government (Goods & Services
Tax) local bodies and authorities that the Contractor will have to pay for the performance of
this Contract. The Employer will perform such duties in regard to the deduction of such taxes
at source as per applicable law.

All payments will be made in Indian Rupees.

43. Price Adjustment -Deleted

44. Security Deposit / Retention Money

The Employer shall retain security deposit of 6% (six percent) of the amount from each payment
due to the Contractor until Completion of the whole of the Works.
The security deposit/retention money and the performance security will be released to the
Contractor when the period Liability period is over, and the Engineer has certified that the
Defects, if any, notified by the Engineer to the Contractor before the end of this period have been
corrected.
If the contractor so desires then the Security Deposit/retention money can be released on
submission of unconditional Bank Guarantee at the following two stages:-
(a) At a point after the progress of work in financial term (gross value of work done) has
reached 50% of the contract amount
(b) After the retention money has been deducted to the full value (5% of the Contract
Amount).

45. Liquidated Damages

The Contractor shall pay liquidated damages to the Employer at the rate or part thereof
stated in the Contract Data for each day that the Completion Date is later than the Intended
Completion Date. The total amount of liquidated damages shall not exceed the amount defined in
the Contract Data. The Employer may deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages shall not affect the Contractor's other liabilities.

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 If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting in
the next payment certificate. The contractor shall not be paid interest on the over payment of
liquidated damages.

46. Advance Payment: Deleted

47. Securities

a. Subject to further condition in contract data, the Performance Security equal to 05% (Five
Percent) of the contract price and additional security for unbalanced bids shall be provided
to the Employer no later than the date specified in the Letter of Acceptance and shall be
issued in the form given in the Contract Data and by a prescribed bank. The Performance
Security & Additional Performance Security shall be valid until a date 60 Days after the
expiry of Defect Liability Period / Maintenance Period.

48. Cost of Repairs

b.
c. Loss or damage to the Works or Materials to be incorporated in the Works between the
Start Date and the end of the Defects Liability Period shall be remedied/ rectified by the
Contractor at their cost if the loss or damage arises from the Contractor's acts or omissions.

E. Finishing the Contract

49. Completion

a. The Contractor shall request the Engineer to issue a certificate of Completion of the Works,
and the Engineer will do so upon deciding that the Works is completed.

50. Taking Over

b. The Employer shall take over the Site and the Works within seven days of the Engineer's
issuing a certificate of Completion.

51. Final Account

c. The Contractor shall supply to the Engineer with a detailed account of the total amount that
the Contractor considers payable under the Contract before the end of the Defects Liability
Period. The Engineer shall issue a Defects Liability Certificate and certify any final payment that
is due to the Contractor within 56 days of receiving the Contractor's account if it is correct and
complete. If it is not, the Engineer shall issue within 56 days a schedule that states the scope of
the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it
has been resubmitted, the Engineer shall decide on the amount payable to the Contractor and
issue a payment certificate within 56 days of receiving the Contractor’s revised account.
d.

52. Operating and Maintenance Manual

e. DELETED
f. DELETED

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53. Termination

The Employer may terminate the Contract if the Contractor causes a fundamental breach of the
Contract.
Fundamental breaches of Contract include, but shall not be limited to, the following:

a) the Contractor stops work for 28 days when no stoppage of work is shown on the current
Programme and the stoppage has not been authorized by the Engineer;
b) the Contractor is declared as bankrupt or goes into liquidation other than for approved
reconstitution or amalgamation;
c) the Engineer/Employer gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within a reasonable
period of time determined by the Engineer;
d) the Contractor does not maintain a Security, which is required;

e) the Contractor has delayed the completion of the Works by the number of days for which
the maximum amount of liquidated damages can be paid, as defined in clause 45;
f) the Contractor fails to provide insurance cover as required under clause 13;
g) if the Contractor, in the judgment of the Employer, has engaged in the corrupt or
fraudulent practice in competing for or in executing the Contract. For the purpose of this
clause, “corrupt practice” means offering, giving, receiving, or soliciting of anything of
value to influence the action of a public official in the procurement process or in Contract
execution. “Fraudulent Practice” means a misrepresentation of facts in order to influence
a procurement process or the execution of a contract to the detriment of the Employer and
includes collusive practice among Bidders (prior to or after bid submission) designed to
establish bid process at artificial non-competitive levels and to deprive the Employer of
the benefits of free and open competition.
if the Contractor has not completed at least thirty percent of the value of Work required to
be completed after half of the completion period has elapsed;
if the Contractor fails to set up a field laboratory with the prescribed equipment, within
the period specified; and
any other fundamental breach as specified in the Contract Data.

Notwithstanding the above, the Employer may terminate the Contract for convenience.

If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and
secure, and leave the Site as soon as reasonably possible but in no case later than 7days.

54. Payment upon Termination

If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the
Engineer shall issue a certificate for the value of the work done and Materials ordered less
advance payments received up to the date of the issue of the certificate and less the percentage to
apply to the value of the work not completed, as indicated in the Contract Data. Additional
Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any
payment due to the Contractor, the difference shall be a debt payable to the Employer.

Save and except Cl 35.3.3, if the Contract is terminated at the Employer's convenience, the
Engineer shall issue a certificate for the value of the work done, the reasonable cost of removal
of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and the

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Contractor's costs of protecting and securing the Works and less advance payments outstanding
on the date of the certificate, less other recoveries due in terms of the Contract, and less taxes due
to be deducted at source as per applicable law.
In case of termination on account of award of 2 laning work stated in Cl 35.3.3, the Engineer
shall issue a certificate for the value of work done till termination, less advance payments
outstanding, less other recoveries due in terms of contract and less taxes due to be deducted at
source as per applicable law.

55. Property

All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be
the property of the Employer for use for completing balance work if the Contract is terminated
because of the Contractor’s default.

56. Release from Performance

If the Contract is frustrated by the outbreak of war or by any other event entirely outside the
control of the Employer or the Contractor, the Engineer shall certify that the Contract has been
frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after
receiving this certificate and shall be paid for all work carried out before receiving it and for any
work carried out afterwards to which a commitment was made.

F. Other Conditions of Contract

57. Labour

The Contractor shall, make arrangements of his own cost and expenses for the engagement of all
staff and labour, local or others; for their payment, housing, feeding and transport; and for
compliance with various labour laws/regulations.

The Contractor shall, as asked by the Engineer, deliver to the Engineer a return in detail, in such
form and at such intervals as the Engineer may prescribe, showing the staff and the numbers of
the several classes of labour from time to time employed by the Contractor on the Site and such
other information as the Engineer may require.

58. COMPLIANCE WITH LABOURREGULATIONS

During the currency of the Contract, the Contractor and his sub-Contractors shall abide at all
times by all existing labour enactments and rules made there under, regulations, notifications and
bye laws of the State or Central Government or local authority and any other labour law
(including rules), regulations, bye laws that may be notified already or that may be notified under
any labour law in future either by the State or the Central Government or the local authority.
Salient features of some of the major labour laws that are applicable to construction industry are
given below. The Contractor shall keep the Employer indemnified in case any action is taken
against the Employer by the competent authority on account of contravention of any of the
provisions of any Act or rules made there under, regulations or notifications including
amendments. If the Employer is caused to pay or reimburse, such amounts as may be necessary
to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments, if any, on the part of the Contractor, the
Engineer/Employer shall have the right to deduct any money due to the Contractor including
from his performance security/ retention money. The Employer/Engineer shall also have right to
recover from the Contractor any sum required or estimated to be required for making good the

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loss or damage suffered by the Employer. The employees of the Contractor and the Sub-
Contractor in no case shall be treated as the employees of the Employer at any point of time.

58.2 SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE

TO ESTABLISHMENTS ENGAGED IN BUILDING ANDOTHER
CONSTRUCTION WORK.

a) Workmen Compensation Act 1923: - The Act provides for compensation

in case of injury by accident arising out of and during the course of employment.

b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed the prescribed
minimum years (say, five years) of service or more or on death the rate of prescribed minimum
days‟ (say, 15 days) wages for every completed year of service. The Act is applicable to all
establishments employing the prescribed minimum number (say, 10) or more employees.
c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly
contributions by the Employer plus workers at the rate prescribed (say, 10% or 8.33%). The
benefits payable under the Act are:

i. Pension or family pension on retirement or death as the case maybe.

ii. Deposit linked insurance on the death in harness of the worker.
iii. Payment of P.F. accumulation on retirement/death etc.

d) Maternity Benefit Act 1951: - The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriages.

e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the Contractor
fails to provide, the same are required to be provided, by the Principal Employer by Law. The
principal Employer is required to take Certificate of Registration and the Contractor is required
to take license from the designated Officer. The Act is applicable to the establishments or
Contractor of Principal Employer if they employ prescribed minimum (say 20) or more contract
labour.

f) Minimum Wages Act 1948: - The Employer is to pay not less than the Minimum Wages
fixed by appropriate Government as per provisions of the Act if the employment is a scheduled
employment. Constructions of buildings, roads, runways are scheduled employment.

g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to be paid,
when it will be paid and what deductions can be made from the wages of the workers.

h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for
work of equal nature to male and female workers and for not making discrimination against
female employees in the matters of transfers, training and promotions etc.

i) Payment of Bonus Act 1965: - The Act is applicable to all establishment employing
prescribed minimum (say, 20) or more workmen. The Act provides for payments of annual
bonus within the prescribed range of percentage of wages to employees drawing up to the
prescribed amount of wages, calculated in the prescribed manner. The Act does not apply to
certain establishments. The newly set-up establishments are exempted for five years in certain

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circumstances. States may have different number of employment size.

j) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for
resolution of industrial disputes, in what situations a strike or lock-out becomes illegal and what
are the requirements for laying off or retrenching the employees or closing down the
establishment.

k) Industrial Employment (Standing Orders) Act 1946: - It is applicable to all

establishments employing prescribed minimum (say, 100, or 50). The Act provides for laying
down rules governing the conditions of employment by the Employer on matters provided in the
Act and get these certified by the designated Authority.

l) Trade Unions Act 1926: - The Act lays down the procedure for registration of trade
unions of workmen and Employers. The Trade Unions registered under the Act have been given
certain immunities from civil and criminal liabilities.
m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits employment
of children below 14 years of age in certain occupations and processes and provides for
regulations of employment of children in all other occupations and processes. Employment of
child labour is prohibited in building and construction industry.

n) Inter-State Migrant Workmen’s (Regulation of Employment&

Conditions of Service) Act 1979: - The Act is applicable to an establishment which employs
prescribed minimum (say, five) or more inter-state migrant workmen through an intermediary
(who has recruited workmen in one state for employment in the establishment situated in
another state). The Inter-State migrant workmen, in an establishment to which this Act becomes
applicable, are required to be provided certain facilities such as Housing, Medical-Aid,
Travelling expenses from home up to the establishment and back etc.

o) The Building and Other Construction workers (Regulation of Employment and

Conditions of Service) Act 1996 and the Cess Act of 1996: -All the establishments who carry
on any building or other construction work and employs the prescribed minimum (say, 10) or
more workers are covered under this Act. All such establishments are required to pay cess at the
rate not exceeding 2% of the cost of construction as may be modified by the Government. The
Employer of the establishment is required to provide safety measures at the building or
construction work and other welfare measures, such as canteens, first-aid facilities, ambulance,
housing accommodations for workers near the work place etc. The Employer to whom the Act
applies has to obtain a registration certificate from the Registering Officer appointed by the
Government.

p) Factories Act 1948: - The Act lays down the procedure for approval of plans before setting
up a factory, health and safety provisions, welfare provisions, working hours, annual earned
leave and rendering information regarding accidents or dangerous occurrences to designated
authorities. It is applicable to premises employing the prescribed minimum (say, 10) persons
or more with aid of power or another prescribed minimum (say, 20) or more persons without
the aid of power engaged in manufacturing process.

59. Drawings and Photographs of the Works

The contractor shall do photography/videography of the site firstly before the start of the work,
secondly mid-way in the execution of different stages of work and lastly after the completion of
the work. No separate payment will be made to the contractor for this.

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The Contractor shall not disclose details of Drawings furnished to him and works on which he is
engaged without the prior approval of the Engineer in writing. No photograph of the works or
any part thereof or plant employed thereon, except those permitted under clause 59.1, shall be
taken or permitted to be taken by the Contractor or by any of his employees or any employees of
his sub-Contractors without the prior approval of the Engineer in writing. No photographs/
Videography shall be published or otherwise circulated without the approval of the Engineer in
writing.

60. The Apprenticeship Act 1961

g. The Contractor shall duly comply with the provisions of the Apprenticeship Act1961 (III of
1961), the rules made there under and the orders that may be issued from time to time under the
said Act and the said Rules and on his failure or neglect to do so he shall be subject to all liabilities and
penalties provided by the said Act and said Rules.

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 CONTRACT DATA TO GENERAL CONDITIONS OF CONTRACT
Clause Reference
Items marked “N/A” do not apply in this Contract. [CL.1.1]
The Employer is:-
National Highways and Infrastructure Development Corporation Ltd.
3rd Floor, PTI Building,
4-Parliament Street,
New Delhi-110001
Name of Authorized Representative: -
Executive Director (Projects)
National Highways & Infrastructure Development Corporation Ltd.
Regional Office, Itanagar
GD Apartment, Senki Park (Div-IV), Itanagar, Arunachal Pradesh-791113
e-mail: [email protected]
Ph.: +91-8415072860,
Tel. 0360-3555760

2. The Engineer is : [CL.1.1]

Designation: Deputy General Manager (Projects)-PMU, Ziro
Address: Office of DGM(P) Ziro, NHIDCL,
TD Building, Hapoli, Lower Subansiri
Ziro-Arunachal Pradesh-791120

3. The intended Completion Date for the whole of the works is 12 [CL.1.1, 17&28]
Months from the signing of Contract Agreement + 6 Months of
Maintenance/DLP.
4. The location of site is given in the Bid notice (SECTION I) [CL.1.1]
5. The start date shall be reckoned within 7-15 days after the date of issue [CL.1.1]
of the notice to proceed with the work.
6.(a) The name and identification number of the contract is given in [CL.1.1]
the table given in Bid Notice (SECTION-I)
7. (a) The law which applies to the contract is the law of Union of [CL.3.1]
India.
(b) The language of the contract documents is English [CL.3.1]
8. The limit of subcontracting is NIL of initial contract price [CL.7.1]
9. Schedule of other contractor –NIL [CL.8.1]
10. Technical Personnel are as given in the ITB (SECTION II) [CL.7.1]
11. Amount of Insurance are: [CL.13.1]
(a) Rupees equivalent to contract price
(b) Rupees equivalent to 5% of contract price
(c) Rupees equivalent to 5% of contract price
(d) Rupees 50 lakhs for multiple incidents
And deductible as per premium rate.

Page 73 of 104
12. Site investigation report-NIL [CL.14.1]
13. (A) The period for submission of the programme for approval of [CL.27.1]
Engineer shall be 21 days from the issue of Letter of
Commencement.
(B) (a) Identified indented work
(1) Weekly Indent, Monthly Indent, Quarterly Indent and Bi-
annual Indent – 3 days before start of week; 7 days before

start of month; 15 days before start of quarter and 28 days

before bi-annual period concerned
(2) Emergent Indents – Within 24 hours

14. Amount to be withheld for delays in submission of updated

programme: 1% of value of work corresponding to the updated
programme.
15. The period for setting up a field laboratory with the prescribed
equipment relevant to items of work in BOQ is 30 days from the
days from the date of notice to start work.
16. (a) Amount of liquidated damages for delay in completion of
works
For whole of work (1/2000)th of the Initial
Contract Price, rounded off to the nearest
Thousand, per day.

For Sectional Completion (wherever specified,

in item 6 of Contract Data (1/200)th of initial
contract price for 5 km section, rounded off to
the nearest thousand per day.

(b) Maximum limit of liquidated damages for delay in

completion of work.
10 percent of the initial contract price rounded off [CL.45.1]
to the nearest thousand.

17. The standard form of Performance Security acceptable to the [CL.47.1]

Employer shall be an shall be an unconditional Bank Guarantee of
the type as presented in the Bidding Documents.
18. Other fundamental breach is that the contractor has failed to
complete 75% of value of indented work in any 3 indents issued by [CL.53.2]
the Engineer.
19. The percentage to apply to the value of work not completed
representing the Employer's additional cost for completing the work [CL.54.1]
shall be 20%.

Page 74 of 104
 (SECTION-VI)

TECHNICAL SPECIFICATIONS

Page 75 of 104
 TECHNICAL SPECIFICATIONS
PREAMBLE:

The Technical Specifications contained herein shall be read in conjunction with the other
Bidding Documents as specified.

GENERAL REQUIREMENTS

The Technical Specifications in accordance with which the entire work described
hereinafter shall be executed and completed by the Contractor shall comprise of the
following:

PART – I – GENERAL TECHNICALSPECIFICATIONS

The General Technical Specifications shall be the “SPECIFICATIONS FOR ROAD

AND BRIDGE WORKS” (FIFTH REVISION, April 2013) issued by the Ministry of
Road Transport & Highways, Government of India and published by the Indian Roads
Congress, hereinafter referred to as MORT&H Specifications.

PART – II – SUPPLEMENTARY TECHNICAL SPECIFICATIONS

The Supplementary Technical Specifications shall comprise of various

Amendments/Modifications/Additions to the “SPECIFICATIONS FOR ROAD AND
BRIDGE WORKS” referred to in PART-I above and Additional Specifications for
particular item of works not already covered in Part – I.

A particular clause or a part thereof in “SPECIFICATIONS FOR ROAD AND BRIDGE

WORKS” (FIFTH REVISION, April 2013), referred in Part-I above, where
Amended/Modified/Added upon and incorporated in Part-II, referred to above, the
Amendment/ Modification/ Addition supersedes the relevant clause or part of the clause.

When an Amended/Modified/Added Clause supersedes a Clause or part thereof in the

said Specifications, then any reference to the superseded clause shall be deemed to refer
to the Amended/Modified/Added Clause or part thereof.

In so far Amended/Modified/Added Clause may come in conflict or be inconsistent with

any of the provisions of the MOST Specifications under reference, the
Amended/Modified/Added clause and the additional specifications shall always prevail.

5.2.2 In the absence of any definite provisions on any particular issue in the aforesaid
Specifications, reference may be made to the latest codes and specifications of IRC and
BIS in that order, Where even these are silent, the construction and completion of the
works shall conform to sound engineering practice as approved by the Engineer and, in
case of any dispute arising out of the interpretation of the above, the decision of the
Engineer shall be final and binding on the Contractor.

Page 76 of 104
PART - II

AMENDMENTS/MODIFICATIONS/ADDITIONS TO EXISTING CLAUSES OF

GENERAL TECHNICAL SPECIFICATIONS (PART-I).

SECTION 100 – GENERAL

Clause102 Definitions:

The following abbreviation shall be added in this Clause: “MOST”

– Ministry of Surface Transport, Govt. of India (Now Ministry of
Road Transport and Highways) “NHIDCL” – National Highways &
Infrastructure Development Corporation Ltd.

Clause106 Construction Equipment:

Clause106 (a) Add the following sentence. “The trial run is to be carried out laying
the relevant pavement material and it is not to be part of the
permanent works. The trial is to be carried out on prior approval of
equipment by Engineer-in-Charge.”
Add Sr. No. (g)

“The Contractor shall furnish to the engineer the detailed technical

literature and other relevant documents regarding the performance
of plant/equipment for approval prior to its purchase
or mobilization on site.”
Clause107 Contract Drawings:

Clause107.3 Deleted this Sub-Clause entirely.

Clause108.4 The clause shall be read as follows:

“Identification of quarry sites and borrow areas shall be the

responsibility of the Contractor. Materials procured from quarry
sites and borrow areas identified by the Contractor and to be used in
Works must comply with the requirements of quality as
stipulated in the Technical Specifications for particular item of
work”.
Clause109 Setting Out:
Clause109.10 Add new sub-clause

“Before carrying out any survey work the Contractor shall submit to
the Engineer for the approval a programme and methodology for the
calibration of all optical and electronic survey equipment to be used
on site during construction of the works. The Contractor will
maintain calibration records for all such equipment in his site office,
available at all times for inspection by the Engineer.

Page 77 of 104
Clause110 Public Utilities:

Clause110.1 Revise the clause asunder:

Existing services like water pipes, sewers, oil pipelines, cables, gas ducts
etc. Owned by various authorities including Public Undertaking a Local
Authorities shall be checked and located by the Contractor prior to
commencement of work.

Clause110.2 Revise the clause asunder:

The Contractor’s programme must take into account the period of notice
and duration of diversionary works of each body as existing at site. The
Contractor must also allow for any effect of these services and alterations
upon the Works and for arranging regular meetings with the various bodies
at the commencement of the Contract and throughout the period of the
Works in order to maintain the required co-ordination. During the period
of the Works, the contractor shall have no objection if the public utility
bodies and their decisions in the execution of their proposal in terms of
programme and construction. Provided that, in the opinion of the Engineer,
the Contractor has received reasonable notice thereof before the relevant
alterations are put in hand.

Clause111 Precautions for Safeguarding the Environment:

Clause111.1 General

Add the following after the first paragraph:

The Contractor shall preserve existing trees, plants and other vegetation
that are to remain within or adjacent to the works and shall use every
precaution necessary to prevent damage or injury thereto. On completion of
the Works, all areas disturbed by the Contractor’s construction activities
shall be restored in their original condition, or as may be acceptable to the
Engineer. The cost of this work shall be deemed to be included in the rates
generally.

Clause111.4 Add the following sentence:

“The Contractor is to ensure that there is good drainage at all construction

areas, to avoid creation of stagnant water bodies especially in
urban/industrial areas, including water in old water bodies.”

Clause111.5 Pollution from Hot Mix Plants and Batching Plants

Add the following paragraph at the end of this Sub-clause.

The H.M.P. should be sited at least 500m away from the nearest agitation.

Page 78 of 104
 The H.M.P. shall be fitted with a dust extraction unit in order that the
exhaust gases comply with the requirements of the relevant current
emission control legislation. “All operations at plants shall be undertaken in
accordance with all current rules and regulations protecting the
environment.”

Clause111.6 Substances Hazardous to Health

Add the following after the first paragraph as follows:

“The use of any herbicide or other toxic chemical shall be strictly in

accordance with the manufacturer’s instructions. The Engineer shall be
given at least 6 working days’ notice of the proposed use of any herbicide
or toxic chemical.

A register of all herbicides and other toxic chemicals delivered to the site,
shall be kept and maintained up to date by the contractor. The register shall
include a name physical properties and characteristics, chemical
ingredients, health and safety hazard information, safe handling and storage
procedures, and emergency and first aid procedures for the product.”

Clause111.9 Add the following sentence at the end of tempera.

Vehicles delivering materials to the site shall be covered to avoid spillage

of materials on public roads.

Clause111.12 After the last sentence add the following:

“The costs of compliance with Clause 111 shall be deemed to be included

in the rates for items included in the Bill of Quantities.”
Refer to Clause 114.2 (xv) of MOST Specification.

Clause111.13 Add new Sub-Clause:

“The Discharge Standards promulgated under the Environment Protection

Act, 1986 shall be adhered to strictly. All waste arising from the project is
to be disposed of in a manner which is acceptable to the State Pollution
Control Board and the Engineer.”

All vehicles and machinery employed in the execution of the works shall be
regularly maintained to ensure that pollutant emission levels comply with
the relevant requirements of current pollution control legislation. During
routine servicing operations, the effectiveness of exhaust silencers must be
checked and if found to be defective must be replaced. Notwithstanding
this requirement, noise levels from any item of plant must comply with the
relevant legislation for levels of sound emission. Non compliant plant is to
be removed from site.

Vehicle maintenance and refueling shall be carried out in such a fashion

that spillage of fuels and lubricants do not contaminate the ground or
nearby watercourse. An “oil interceptor” shall be provided for wash down

Page 79 of 104
 and refueling areas. Fuel storage shall in proper bounded areas. All spilt
and collected petroleum products shall be disposed of in accordance with
the relevant legislation.

Clause111.14 Add the following New Sub-Clause:

All temporary accommodation must be constructed and maintained in

such a fashion that uncontaminated water is available for drinking,
cooking and washing. The sewage system for the camp must be properly
designed, built and operated so that no health hazard occurs and no
pollution to the air, ground or adjacent watercourses take place
compliance with relevant legislation must be strictly adhered to Garbage
bins must be provided in the camp and regularly emptied and the garbage
disposed of in a hygienic manner. Construction camps are to be sited away
from vulnerable people and adequate health care is to be provided for the
workforce.

Clause111.15 Add the following New Sub-Clause:

All works are to be carried out in such a fashion that the damage or
disruption to the flora and fauna is reduced to a minimum wherever
possible. Trees or shrubs will only be felled or removed that impinge
directly on the permanent works or necessary temporary works, after
seeking approval of the Engineer.

Clause112 Arrangement for Traffic During Construction:

Clause112.1 General

Delete the last sentence and add the following:

“The Contractor shall submit, for the Engineer’s approval, Traffic Control
Plan 5 days prior to commencement of the temporary / permanent works.”

The plan shall include:

i. Typical drawings for temporary diversions in accordance with Clause

112.3
ii. Typical details of arrangements for construction under traffic including
details of traffic arrangement after the cessation of work each day. Special
consideration shall be given in the preparation of the Traffic Control Plan
to the safety of pedestrians and workers at night. Temporary diversions
will be constructed only with the approval of the Engineer.

Clause112.2 Passage of Traffic along a part of the Existing Carriage way

under improvement:

Delete this clause replace as follows:

“For strengthening of existing carriage way, where part of the existing

carriage way is proposed to be used for passage of traffic & hard holder
are not available then, treated shoulders shall be provided on the side on
which work is not in progress. If the existing should width less than
Page 80 of 104
 1.5m the same shall be extended up to 1.5m for earth work duly
compacted. The top 15.0cm or as directed by the engineer including
extended shoulder of 1.5m width shall be filled up by granular sub base
material duly bounded with binding material and compacted. The sub
base material shall conform to MOST specification Clause 401, the work
of excavation and filling of granular sub-base material so carried out shall
be paid under relevant items of bill of quantities. The contractor shall
maintain the bypass/diversion during the period of construction by way of
watering, compacting, and making good loss of sub-base material after
filling up of the rutting/depression etc. by additional quantity of granular
sub base material. The items operations like maintenance, making good
the loss of material, watering, compacting, leveling and dressing along
with additional quantity of sub-base material shall be considered as
incidental to the work and no extra payment will be ade for these
operations. The continuous length in which such works shall be carried out
would be within a range of 200 to 500m at a place.

Clause112.6 Measurements for Payments and Rate

Add “and no extra payment will be made except the treatment of shoulders
for earth work and granular sub-base as per Clause 112.2 above.” At the
end of first paragraph.

Clause112.7 Side Roads and Property Accesses

Add new sub-Clause:

“At all times, the Contractor shall provide safe and convenient passage for
vehicles pedestrians and livestock to and from side roads and property
accesses connecting to the roadway. Work which affects the use of side
roads and existing accesses shall not be undertaken without providing
adequate prior provisions to the satisfaction of the Engineer.”

Clause112.8 Plant and Equipment

Add new sub-Clause:

“During the day, plant and equipment working in a position adjacent to

traffic and having a projection beyond the normal width of the item, for
example, a grader blade shall have a fluorescent red marker attached to the
outer end of the projection. During poor light conditions an additional
traffic controller with an illuminated red marker shall direct traffic around
such plant and equipment. At night, all plant items and similar
obstructions shall be removed from the normal path of vehicles, to provide
a lateral clearance of at least 6m where practicable, with a minimum
clearance of 1.2m. Plant and equipment, within 6m of the normal path of
vehicles, shall be lit by not less than two yellow steady lamps suspended
vertically from the point of the obstruction nearest to a traffic lane, and
one yellow steady lamps at each end of the obstruction on the side farthest
away from the traffic lane.”

Clause113 General Rules for the Measurement of Works for Payment:

Page 81 of 104
Clause113.2 Measurements for Lead of Materials

Delete this Clause and replace with:

“The rates in the Bill of Quantities are deemed to include the costs
of haulage from source of supply to the site for all materials
required for the Works.”

Clause114 Scope of rates for different items of work:

Add to Clause 114.2 (xvii). Cost of all provisions for executing the
work safely including all protective clothing, barriers, ear plugs
etc.

Clause115 Methodology and Sequence of Work:

Substitute “28 days” for “30 days” in the 2nd line.

Clause121 Field Laboratory:

Clause121.1 Scope

Delete this Clause and replace with:

“The work under this Clause covers the provision and maintenance of
a fully equipped laboratory.” The equipment in the laboratory shall be as
decided by Engineer, keeping in view of item of works prescribed in
BOQ.

Clause121.2 Description

Delete this Clause and replace with:

“The Contractor shall construct a fully furnished and equipped field

laboratory to the satisfaction of the Engineer. The laboratory will be
located at a site approved by the Engineer and must be of adequate size to
perform all the tests required under the contract including sufficient light,
electric and water supply. The Contractor shall provide working drawings
incorporating all the services based on the information given in the
changes for the approval of the Engineer prior to commencement of
construction. An office must be provided in the laboratory for the
exclusive use of the Engineer’s, Materials Engineer, adequate toilet and
washing facilities must be provided. The contractor shall provide the field
laboratory within one month from the date of the commencement of the
work. Prior to this, contractor must make suitable alternative arrangements
for the testing of materials, which are acceptable to the Engineer.

Page 82 of 104
Clause 121.3 Laboratory Equipment shall be provided as prescribed by the
Engineer relevant to items of work in BOQ.

Clause 121.3.2 For soils and aggregates

Delete item no. (xi) and (xii)

Clause 121.3.5 Add New Sub-Clause:

For Control of Profile and Surface

Evenness
i) Theodolite 2 sets
ii) Precision automatic level 2 sets
iii) Precision staff 4 sets
iv) Camber templates 2 lane
a) Crown type cross-section 4 sets
b) Straight run cross-section 4 sets
Steel Tape
a) 3 m long 4 sets
b) 5 m long 4 sets
c) 10 m long 4 sets
d) 20 m long 4 sets
e) 30 m long 4 sets

Clause 121.3.6 Add New Sub-Clause:

In addition, clause 121.3 any equipment which is not mentioned in

this clause but which is necessary for the work for complying with
the provisions of the contract and Section 900 of MOST
specifications or as required by the engineer shall be provided by
the contractor. No extra payment shall be made to the contractor
and it will be considered as incidental to the work.

Clause 121.6 Delete this Sub-Clause.

Clause 121.7 Substitute this Sub-Clause by the following:

“There is no separate item in the Bill of Quantities for establishing

and maintenance of the laboratory and supply, erection maintenance of
equipment and also running cost of testing. The rates quoted by the
Contractor shall be deemed to cover the cost of all these items.”

Page 83 of 104
Clause 126: Supply of Video Cassettes

Description

The work consists of taking video films of important activities of the work as directed by the
Engineer during the currency of the project and editing them and converting them to a CD
(master CD+ 4 copies) film of playing time not less than 60 minutes and upto 180 minutes as
directed by the Engineer. It shall contain narration of the activities in English by competent
narrator. The editing of the film and the script for narration shall be as approved by the Engineer.
The CD shall be acceptable quality and the film shall be capable of producing colour pictures.

Measurement for Payment &Rates

No separate payment shall be made and the work shall be treated as incidental.

SECTION 300 – EARTHWORK EROSION CONTROL AND DRAINAGE

Clause301 Excavation for Roadway and Drains

Clause301.3.3 Excavation – General

Delete the last two sentences of last paragraph. And add, “The
earthwork shall be carried out as per the sequences stated in this
contract or as directed by engineer-in-charge”.

Clause301.3.12 Back-filling

After the last sentence add the following:

“Density requirements for back filling shall be in accordance with

Table 300-2” of MOST.

Clause301.9 Rates

Clause301.9.2 This Clause is replaced as follows:

“The contract unit rate for loosening and re-compacting at sub-

grade level shall include full compensation for loosening to the
specified depth, removing the loosened soil outside the roadway
wherever considered necessary, rolling the surface below, breaking
the clods, spreading the excavated soil layers, watering where
necessary and compacting to the requirements.”

Clause304 Excavation for Structures:

Page 84 of 104
Clause 304.3.7 Back filling

Add second paragraph as under:

“The working space between the structure and the excavation

shall be cleared out completely of all construction materials and
loose earth that fallen into the excavation during construction.
The excavation shall be pumped dry and all saturated and soft
earth removed prior to being inspected by the Engineer who will
give his permission for the placement of any fill material, provided
the space has been properly prepared. Compaction will only be
carried out with mechanical compactors of sufficient capacity to
ensure correct compaction of the back fill material. The fill is to be
brought up in layers not greater than 150 mm. Mass filling of
structures with machines will not be permitted and contractors
should make allowance in their rates for the methodology
Described above.”

Clause 305 Embankment Construction:

Clause 305.2 Material and General Requirements

Clause 305.2.1 Physical Requirements

Clause 305.2.1.2 Amend the first sentence of this Clause as under:

“Highly expansive soils such as Ch, MH or OH exhibiting marked

swell and shrinkage properties („free swelling index” exceeding 50
per cent when tested as per IS 2720 – Part 40) shall not be used
in construction of sub grade and embankment.”
Clause 305.2.1.4 Delete the second and third sentence of Clause 305.2.1.4, i.e.,
“However, the Engineer may……………..Compacted layer
thickness.”

Clause 305.2.2.2 Borrow Materials

Paragraph 1 of this clause shall read as under:

“No borrow area shall be made available by the Employer for this work.
The arrangement for the source of supply of the material for embankment
and sub grade as well as compliance to the different environmental
requirements in respect of excavation and borrow areas as stipulated, from
time to time, by the Ministry of Environment and Forest, Government of
India and the local bodies, as applicable shall be the sole responsibility of
the
Contractor.”

Paragraph 8 of this Clause given below Table 300-2 shall read as under:

“The contractor shall at least 7 working days before commencement of

compaction submit the following to the Engineer for approval:
Page 85 of 104
 i) The Values of maximum dry density and optimum moisture content
obtained in accordance with IS 2720 (Part 8) for each fill material he
intends to use.
ii) The graphs showing values of density against moisture content from
which each of the values in (i) above of the maximum dry density and
optimum moisture content were determined.
iii) The dry density-moisture content-CBR relationship for each of the fill
materials be intends to use in the subgrade.”

Clause305.3 Construction Operations

Clause305.3.4 Compacting ground supporting embankment/subgrade

Delete “where necessary” in the first sentence of the first

paragraph.

Clause305.3.5.2 In Paragraph 3, delete “IS: 2720 (Part 7) or “and “as the case
may be”.

Clause305.3.6 Compaction
The second paragraph of this Clause shall read as under:

“Only vibratory rollers of not less than 8 – 10 ton static weight with
plain or pad foot drum shall be used for compaction.”

Clause305.4 Construction of Embankment and sub-grade under special

condition.

Clause305.4.1 Add new para after para 1 asunder:

“The earthwork for widening the existing road embankment and shoulders
shall be carried out in layers duly compacted. On completion of earth
work to the required height the triangular portion on the sloping face of
the layers shall be cut in such a manner that the specified slope is
achieved. This operation is incidental to work and no extra payment shall
be made for this.”

Clause305.4.7 Earthwork for high Embankment

Substitute the first paragraph of this clause as under:

“In the case of high embankments, the Contractor shall use the material
from the approved borrow area.”

Soil Erosion and Sedimentation Control

Clause306.4 Measurement for Payment

Substitute the Clause 306.4 as follows:

Page 86 of 104
 “All temporary sedimentation and pollution control works shall
be deemed as incidental to the earthwork and other items of work
and as such no separate payment shall be made for the same.”

Clause306.5 Rate

This Clause is deleted.

Clause307 Turfing with sods.

Clause307.5 Add “(iii) application of top soil” after (ii). Delete “the contract unit rate
for application of top soil shall be as per clause301.9.5”.

Clause309 Surface/Sub-Surface Drains

Clause309.2 Surface Drains

Add at the end of third paragraph:

Metal grates for sumps on concrete lined surface drains shall be heavy
duty (trafficable by commercial vehicle) proprietary products with gaps
between bars no greater than 26mm. The Contractor shall submit
proposals for grating to the Engineer for approval before commencing
construction of the sumps.”

Clause309.4 Measurement for Payment

Delete the first sentence and replace with:

“Surface drains not lined shall be included in the items for

excavation for the roadway in accordance with Clause –301.8.”

Clause309.5 Rates

Add at the end of this clause as under:

“The rate for concrete lined drains shall include bedding concrete and
jointing. The rate for lined surface drains shall include inlet sumps and
metal grates where specified.”

Add Clause 314 as under:

Clause314 Leveling and Dressing over area:

Clause314.1 Scope

The work shall consist of excavation, removal, filling and satisfactory

disposal of all materials necessary for the area to be leveled and dressed in
line, grades as directed by the Engineer. It shall include cutting and filling
the ground in all type of soil where variation of existing ground level is +
30 cm or less. It will also include the grubbing of the existing rank
vegetation and clearance of undergrowth completely.

Page 87 of 104
Clause314.2 Construction Operation

The engineer shall identify the area where leveling and dressing is to be
carried out. The clearing and grubbing of rank vegetation and undergrowth
shall be carried out as per clause 201.1. If the stagnant water is existing on
the side, the same shall be pumped / bailed out. The area shall be kept dry
throughout the operation of leveling and dressing. The leveling and
dressing shall be carried out by excavating the high area and filling the
low area with the excavated material in proper slope. This operation will
be carried out manually/mechanically as per site conditions.

Clause314.3 Measurements

The measurement shall be made for the area to be leveled and dressed in
Sqm.

Clause314.4 Rates

The contract unit rates for the items for leveling and dressing shall be
payment in full for carrying out the required operations including full
compensation for:
1. Cost of all labour, materials, tool, equipment and incidentals to complete
the work.
2. Clearing and grubbing the rank vegetation and undergrowth and their
disposal within1000m.
3. Pumping and bailing out of water and keeping the area dry during
construction.
4. In all type of soils and saturated earth.

SECTION 400 - SUB-BASES, BASES (NON-BITUMINOUS) ANDSHOULDERS:

Clause401.4.1 Substitute “Smooth wheeled roller” by “Vibratory Roller” or as

approved by Engineer-In-charge.

Clause401.4.2 Spreading and Compacting

The following shall be added to Paragraph 1:

“The thickness of the loose layers shall be so regulated that the maximum
thickness of the layer after compaction does not exceed
150 mm.”

The fifth paragraph of this Clause shall be as under:

“Immediately thereafter, rolling shall start with the help of a vibratory

roller of minimum 80 to 100 KN static weight with plain drum or pad foot
drum of heavy pneumatic tyre roller of minimum 200 to 300 KN weight
having a minimum tyre pressure of 0.7 kN/m2 or adequate capacity
capable of achieving the required compaction. Rolling shall commence at
the lower edge and proceed towards the upper edge longitudinally for
portions having unidirectional cross fall and super-elevation and shall

Page 88 of 104
 commence at the edges and proceed towards the crown for portions having
cross falls on both sides.”

Clause 401.7 Measurement for payment:

Add paragraph 3 as under:

For carrying out full depth repair and/or reconstruction of road

pavement, if the granular sub-base materials laid on the shoulders
for diversion of traffic (as per clause 112) is required to be
scarified/removed and re-laid after compensating the loss during
handling and by movement of traffic on completion of Full depth
repair/reconstruction of road pavement, this operation shall be
considered incidental to the work of providing granular sub-base
and no extra payment shall be made for the same.

Clause 404.2.1 Coarse aggregate:

Amend this clause as under:

Coarse aggregate shall be either crushed or broken stone. The

aggregates shall conform to the physical requirements set-forth in
Table 400-6. The type and size range of the aggregate shall be
specified in the contract or shall be as specified by the Engineer.
If the water absorption value of the coarse aggregates is greater
than 2 percent, the soundness test shall be carried out on the
material delivered to site as per IS: 2386 (part 5).

Clause 404.2.3 Crushed Slag:

Delete this Clause

Clause 404.2.4 Over-burnt (Jhama) brick aggregates:

Delete this Clause.

Clause 404.3.4 Rolling:

Delete in first para “three wheeled rollers80 to 100 kN

capacity or tandem or”

SECTION 500 - BASE AND SURFACE COURSES (BITUMINOUS):

Clause501.8.2.4 Profile Corrective Course and its application:

Replace (ii)) with

“The material for bituminous profile corrective course shall be laid

independently of all other courses, adopting such construction procedures
and using such equipment as may be appropriate to the specified type of
material and thickness of the course manually/machine paid as approved
Page 89 of 104
 by the engineer-in-charge. The method of providing profile corrective
course shall be approved by the engineer-in-charge.

Clause501.8.3.1 Preparing Existing Granular Surface

Amend the Clause as under:

“The surface on which bituminous profile corrective course is to be laid

shall be thoroughly swept clean of dust and any other extraneous
material using mechanical broom and dust collected removed or blown of
using compressed air except in places where technical means cannot
reach. A prime coat conforming to Clause 502 shall be applied prior
to laying profile corrective course.”

Clause 501.8.3.4 Laying the Profile Corrective Course.

Clause 501.8.3.4.1 This clause shall read as under:

“The surface on which profile corrective course is to be laid shall be

thoroughly swept clean of dust and any other extraneous material
using mechanical broom and dust collected removed or blown off using
compressed air except in places where mechanical mans cannot reach.”

“After preparing the granular surface as in Clauses 501.8.3.1 and

501.8.3.2, the profile corrective course with materials as per Clause
501.8.2.3/501.8.2.4 shall be laid and compacted to the requirement of
particular Specification Clause.”

Clause502 Prime Coat Over Granular Base:

Clause502.2.3 The type of bitumen emulsion shall be slow setting.

Clause503 Tack Coat

Clause503.2.1 The type of bitumen emulsion shall be medium setting.

Clause504 Bituminous Macadam:

Clause504.2 Materials

Clause504..2.1 Bitumen:

The penetration grade of bitumen shall be 60/70.

Clause507& 509 Bitumen

The penetration grade of bitumen shall be 60/70.

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Clause 507.9 For DBM, Clause 508.9 for SDBC and Clause 509.9 for BC

These clauses stand amended to the extent that the rate shall cover the provision of bitumen in
the mix as per job mix formula. No variation in the rate for this item will be admissible on
account of quantity of bitumen used.

Clause 801

801 TRAFFIC SIGNS

GENERAL

The colour, configuration, size and location of all traffic signs for highways (other than
Expressways for which the size of the signs, letters and their placement shall be as specified
in the drawings and relevant Specifications or as directed by the Engineer) and for other
roads, shall be in accordance with the Code of Practice for Road Signs, IRC:67:2010, or as
shown on the drawings. In the absence of any details or for any missing details (for example,
chevron signs etc.), the signs shall be provided in accordance with international standards
and/or as directed by the Engineer.

Unless otherwise specified, the signs shall be reflectorized as shown on the drawings or as
directed by the Engineer. They shall be of retro-reflectorized type and made of micro-
prismatic type reflective as per IRC:67:2010.

In general, cautionary and mandatory signs shall be fabricated through process of screen
printing. In regard to informatory signs with inscriptions or cut letters of, colored retro
reflective sheeting comprising un metalized micro prismatic element material as per
IRC:67:2010 or durable transparent, colored overlay film shall be used which must be
bonded well on the base sheeting, as directed by the Engineer.

Materials

The various materials and fabrication of the traffic signs shall conform to the following
requirements:

Concrete : Concrete shall be of the grade shown on the Contract drawing or

otherwise as directed by the Engineer.

Reinforcing steel: Reinforcing steel shall conform to the requirement of

IS:1786unless otherwise shown on the drawing.

Bolts, nuts, washers: High strength bolts shall conform to IS: 1367
whereas precision bolts, nuts, etc., shall conform toIS:1364.
Plates and supports: Plates and support sections for the sign posts shall
conform to IS:226 and IS:2062 or any other relevant IS Specifications.
801.2.5. Substrate; Sign panels may be fabricated on aluminium sheet, aluminium composite
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panel, fibre glass sheeting, or sheet moulding compound. Aluminum sheets used for sign boards
shall be of smooth, hard and corrosion resistant aluminium alloy conforming to IS:736-Material
designation 24345 or 1900. Aluminium Composite Panel and other materials shall meet the
relevant ASTM (D903, E8, E393, E732)/BS/BIS requirements.
Shoulder mounted ground signs with a maximum side dimension not exceeding600mm shall not
be less than 1.5 mm thick with Aluminium and 3 mm thick with Aluminum Composite
Material. All other signs shall be at least 2 mm thick with Aluminium and 4 mm thick with
Aluminium Composite Material. The thickness of the sheet shall be related to the size of the
sign and its support and shall be such that it does not bend or deform under prevailing wind and
other loads. All overhead signs made with Aluminium Composite Material shall be minimum 4
mm thick to withstand wind and other loads without deformation.
In respect of sign sizes not covered by IRC:67: 2010 the structural details (thickness, etc.) shall
be as per the approved drawings or as directed by the Engineer.
Traffic Signs having Retro-Reflective Sheeting
General requirements: The retro-reflective sheeting used on the sign shall consist of the white
or coloured sheeting having a smooth outer-surface which has the property of retro- reflection
over its entire surface. It shall be weather-resistant and show colour fastness. It shall be new and
unused and shall show no evidence of cracking, scaling, pitting, blistering, edge lifting or
curling and shall have negligible shrinkage or expansion. A certificate of having tested the
sheeting for co-efficient of retro-reflection, day/night time colour luminous, shrinkage,
flexibility, linear removal, adhesion, impact resistance, specular gloss and fungus resistance 3
years outdoor weathering and its having passed these tests shall be obtained from a Government
Laboratory, by the manufacturer of the sheeting. The retro- reflective sheeting shall be either of
Engineering Grade material with enclosed lens, High Intensity Grade with encapsulated lens or
Micro-prismatic Grade retro-reflective element material as given in Clause below
Micro Prismatic Grade Sheeting (Type XI) : Retro reflective sheeting typically manufactured
as a cube corner. The reflective sheeting shall be retro reflective sheeting made of micro
prismatic retro reflective material. The retro reflective surface, after cleaning with soap and
water and in dry condition shall have the minimum co-efficient of retro reflection (determined
in accordance with ASTM D 4956-09) as indicated in Table800
Table 800 Acceptable Minimum Coefficient of Retro-reflection for Type XI
Prismatic Grade SheetingA (Candelas per Lux per Square Metre)

Florescent
Observation Entrance Florescent Florescent
white Yellow Orange Green Red Blue Brown yellow
Angle Angle yellow Orange
-Green
0.1°B -4° 830 620 290 83 125 37 25 660 500 250
0.1°B +30° 325 245 115 33 50 15 10 260 200 100
0.2° -4° 580 435 200 58 87 26 17 460 350 175
0.2° +30° 220 165 77 22 33 10 7 180 130 66
0.5° -4° 420 315 150 42 63 19 13 340 250 125
0.5° +30° 150 110 53 15 23 7 5 120 90 45
1.0° -4° 120 90 42 12 18 5 4 96 72 36
1.0° +30° 45 34 16 5 7 2 1 36 27 14
A Minimum Coefficient of Retro reflection (RA)(cd.lx-1.m-2).

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B Values for 0.1o observation angles are supplementary requirements that shall apply only
when specified by the purchaser in the contract or order.

When totally wet, the sheeting shall show not less than 90 percent of the values, of retro
reflection indicated in above Table. At the end of 10 years, the sheeting shall retain at least 80
percent of its original retro-reflectance.

Messages / borders: The messages (legends, letters, numerals etc.) and borders shall either be
screen-printed or of cut-outs from durable transparent overlay or cut-out from same type of
reflective sheeting (excluding for black colour) for the cautionary/ mandatory signs. Screen
printing shall be processed and finished with materials and in a manner specified by the sheeting
manufacturer. For the information and other signs, the messages (legends, letters, numerals etc.)
and borders shall be cut-out from durable transparent overlay film or cut out from same reflective
sheeting only. Cut-outs shall be bonded with the sheeting in the manner specified by the
manufacturer. Both the screen printed areas and cut-out messages sheetings and cut-out durable
transparent overlay film shall be covered under the warranty period of the sheeting type, issued
by the sheeting manufacturer

For screen-printed transparent coloured areas on white sheeting, the coefficient of retro-
reflection shall not be less than 50 per cent of the values of corresponding colour in Tables 800 as
applicable.

Cut-out messages and borders, wherever used, shall be made out of retro-reflective sheeting (as
per Clauses 801.3.2 as applicable), except those in black which shall be of non- reflective
sheeting.

Color: Unless otherwise specified, the general color scheme and properties shall be as stipulated
in ASTM 4956-09. The colors shall be durable and uniform in acceptable hue when viewed in
day light or under normal headlights at night and in inclement weather conditions.

Adhesives: The sheeting shall have either a pressure-sensitive adhesive of the aggressive-tack
type requiring no heat, solvent or other preparation for adhesion to a smooth clean surface, or a
tack free adhesive activated by heat, applied in a heat-vacuum applicator, in a manner
recommended by the sheeting manufacturer. The adhesive shall be protected by an easily
removable liner (removable by peeling without soaking in water or other solvent) and shall be
suitable for the type of material of the base plate used for the sign. The adhesive shall form a
durable bond to smooth, corrosion and weather resistant surface of the base plate such that it shall
not be possible to remove the sheeting from the sign "base in one piece by use of sharp
instrument. In case of pressure-sensitive adhesive sheeting, the sheeting shall be applied in
accordance with the manufacturer's Specifications. Sheeting with adhesives requiring use of
solvents or other preparation for adhesive shall be applied strictly in accordance with the manufacturer's
instructions.
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Refurbishment: Where existing signs are specified for refurbishment, the sheeting shall have a
semi-rigid aluminum backing or materials as per Clause 801.2.5, pre- coated with aggressive-tack
type pressure sensitive adhesive. The adhesive shall be suitable for the type of material used for
the sign and should thoroughly bond with that material.

801. 3.8 Fabrication

Surface to be reflectorised shall be effectively prepared to receive the retro- reflective sheeting.
The sheeting of the material as per IRC:67:2010 , shall be de-greased either by acid or hot alkaline
etching and all scale/dust/ coating of any type removed/ scrubbed to obtain a smooth plain surface
before the application of retro-reflective sheeting. If the surface is rough, approved surface primer
may be used. After cleaning, metal shall not be handled, except by suitable device or clean canvas
gloves, between all cleaning and preparation operation and application of reflective
sheeting/primer. There shall be no opportunity for the substrate to come in contact with grease, oil
or other contaminants prior to the application of retro-reflective sheeting.

Complete sheets of the material shall be used on the signs except where it is unavoidable; at
splices, sheeting with pressure sensitive adhesives shall be overlapped not less than 5 mm. Where
screen printing with transparent colours is proposed, only butt jointing shall be used. The material
shall cover the sign surface evenly and shall be free from twists, cracks and folds. Cut-outs to
produce legends and borders shall be bonded with the sheeting in the manner specified by the
manufacturer.

801.3.9 Warranty and durability: The Contractor shall obtain from the manufacture a ten year
warranty for satisfactory field performance including stipulated retro-reflectance of the retro-
reflective sheeting of micro-prismatic sheeting, a seven-year warranty for high intensity grade
and a five year warranty for the sheeting of engineering grade and submit the-same to the
Engineer. In addition, a ten year, seven year and a five year warranty for satisfactory In-field
performance of the finished sign with retro-reflective sheeting of micro prismatic, high intensity
grade and engineering grade respectively, inclusive of the screen printed or cut out
letters/legends and their bonding to the retro-reflective sheeting shall be obtained from the
contractor/supplier and submitted to the Engineer. The Contractor/ supplier shall also furnish the
LOT numbers and certification that the signs and materials supplied against the assigned work
meets all the stipulated requirements and carry the stipulated warranty and that the
contractor/supplier is the authorized converter of the particular sheeting:

All signs shall be dated during fabrication with indelible markings to indicate the start of
warranty. The warranty shall also cover the replacement obligation by the sheeting manufacturer
as well as contractor for replacement/repair/restoration of the retro-reflective efficiency.

A certificate in original shall be given by the sheeting manufacturer that its offered retro-
reflective sheeting has been tested for various parameters such as co-efficient of retro-reflection,
day/night time colour and luminance, shrinkage, flexibility, linear removal, adhesion, impact
resistance, specular gloss and fungus resistance and 3 year outdoor weathering; the tests shall be

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carried out by a Government Laboratory in accordance with various ASTM procedures and the
results must show that the sheeting have passed the requirements for all the above mentioned
parameters. A copy of the test reports shall be attached with the certificate.

Installation

The traffic signs shall be mounted on support posts, which may be of Gl pipes conforming to IS:
1239, Rectangular Hollow Section conforming to IS :4923 or Square Hollow Section conforming
to IS:3589. Sign posts, their foundations and sign mountings shall be so constructed as to hold
these in a proper and permanent position against the normal storm wind loads or displacement by
vandalism. Normally, signs with an area up to 0.9 sqm shall be mounted on a single post, and for
greater area two or more supports shall be provided. Post- end(s) shall be firmly fixed to the
ground by means of properly designed foundation. The work of foundation shall conform to
relevant Specifications as specified.

All components of signs (including its back side) and supports, other than the reflective portion
and G.I. posts shall be thoroughly de scaled, cleaned, primed and painted with two coats of
epoxy/ fibre glass/ powder coated paint, Any part of support post below ground shall be painted
with protective paint.

The signs shall be fixed to the posts by welding in the case of steel posts and by bolts and
washers of suitable size. After the nuts have been tightened, the tails of the bolts shall be furred
over with a hammer to prevent removal.

Measurements for Payment

The measurement of standard cautionary, mandatory and information signs shall be in numbers
of different types of signs supplied and fixed, while for direction and place identification signs,
these shall be measured by area in square, metres.

801.6. Rate

The Contract unit rate shall be payment in full for the cost of making the road sign, including all
materials, installing it at the site furnishing of necessary test certificates, warranty and
incidentals to complete the work in accordance with these Specifications.

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Note : The warranty as specified in clause- 801.3.9 should be in the name of NHIDCL
and it must be deposited to the PD.

802 OVERHEADSIGNS

General

Overhead signs may be used in lieu of, or as an adjunct to, kerb

mounted signs where the situation so warrants for proper
information and guidance of the road users. The following
conditions may be considered while deciding about the provision of
overhead signs:
Traffic volume at or near capacity
Complex interchange design
Three or more lanes in each direction
Restricted sight distance
Closely spaced interchanges
Multi.-lane exits
Large percentage of commercial vehicles
High speed traffic
804 Reflective Pavement Markers (Road Studs/Cateyes)

General
The work cover the providing and mixing of reflective pavement marker (RPM) or road
stud, a device which is bonded to or anchored within the road surface for lane marking
and delineation for nighttime visibility. It reflects incident light in directions close to
the direction from which it came.

Material

Plastic body of RPM/road stud shall be moulded from ASA (Acrylic Styrene
Acrylonitrite) or HIPS (Hi-impact Polystyrene) or Acrylonitrite Butadiene
Styrene (ABS) or any other suitable material approved by the Engineer. The
markers shall support a load of 13635 kg tested in accordance with ASTM
D4280.

Reflective panels shall consist of number of lenses containing single or dual

prismatic cubes capable of providing total internal reflection of the light
entering the lens face. Lenses shall be molded of methyl merthcrylate
conforming to ASTMD 788 or equivalent.

Design
The slope or retro-reflecting surface shall preferably be 35+5 degree to base and the area
of each retro-reflecting surface shall not be less than 13.0 sq cm.

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 Optical Performance 804.4.1Unidirectional and bi-directional studs
Each reflector or combination of reflectors on each face of the stud shall have a
Coefficient of Luminous Intensity (C.I.L.) not less than that given in Table 800-12 or
Table 800-13 as appropriate.

804.4.2 Omni-directional studs

Each Omni-directional stud shall have a minimum (C.I.L.) of not less than 2 mcd/lx

Table 800-12 Minimum C.I.L. Values for Category „A‟ studs

Entrance Observation C.I.L. in mcd/lx

angle angle White Amber Red
00U 50 L&R 0.30 220 110 44
00U 100 L&R 0.5 0
120 60 24
Table800-13 Minimum C.I.L. Values for Category B studs
Entrance Observation C.I.L. in mcd/lx
angle angle White Amber Red
00U 60 L&R 0.30 20 10 4
00U 100 L&R 0.50 15 7.5 3

Note: 1) The entrance angle or 00U corresponds to the normal aspect of the reflectors when
the reflecting road stud is installed in horizontal road surface.

2) A stud that incorporates one or more corner cube reflectors shall be considered to be
included in category „A‟. A stud that incorporates one or more bi-convex reflectors
shall be considered to be included in category „B‟.

Tests

Coefficient of luminance intensity can be measured by procedure described in

ASTM E
809 “Practice for Measuring Photometric Characteristics” or as recommended in BS:
873 – Part 4:1973.

Under test conditions, a stud shall not be considered to fail the photometric
requirements if the measured C.I.L at any one position of measurement is less
than the values specified in Table 800-12 or 800-13 provided that
(i) the value is not less than 80% of the specified minimum, and
(ii) the average of the left and right measurements for the specific angle is greater
than the specified minimum.

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 Solar Powered Road Markers (Solar Studs)

The solar studs shall be made of Aluminum alloy and poly carbonate material which
shall be absolutely weather resistance and strong enough to support a load of 13635 kg
tested in accordance with ASTM D4280. Its colour may be white, red, yellow, green or
blue or combination as directed by the Engineer. Its water resistance shall meet the
requirements of IP 65 in accordance with IS:12063:1987 Category 2 for protection
against water ingress. The dimensions of solar studs shall not be less than 100 mm x
100 mm x 10 mm. It shall have super bright LEDs so as to provide long visibility from
a distance of more than 800m. Its flashing rate shall not be less than 1 Hz. Its should be
able to give the prescribed performance in the temperature range of -400C to +550C. Its
life shall be not less than 3 years.
Fixing of Reflective Markers

Requirements

The enveloping profile of the head shall be smooth and the studs shall not present any sharp
edges in traffic. The reflective portions of the studs shall be free from crevice or ledges where
dirt might accumulate. All road studs shall be legibly market with the name, trademark or other
means of identification of the manufacturer. Marker height shall not exceed 20 mm. Marker
width shall not exceed 130 mm. The base of the marker shall be flat within 1.3 mm. If the
bottom of the marker is configured, the outermost faces of the configurations shall not deviate
more than 1.3 mm from a flat surface. All road studs shall be legibly marked with the name,
trade mark or other means of identification of the manufacturer.

Placement

The reflective marker shall be fixed to the road surface using the adhesives and the procedure
recommended by the manufacturer. No nails shall be used to affix the marker, as nails are
hazardous for the roads. Regardless of the type of adhesive used, the markers shall not be fixed
if the pavement is not surface dry and on new asphalt concrete surfacing until the surfacing has
been opened to traffic for al period of not less than 14 hours. The portions of the highway
surface, to which the marker is to be bonded by the adhesive, shall be free of dirt, curing
compound, grease, oil, moisture, loose or unsound layers, paint and any other material which
would adversely affect the bond of the adhesive. The adhesive shall be placed uniformly on the
cleaned pavement surface or on the bottom of the marker in a quantity sufficient to result in
complete coverage of the area of contact of the marker with no voids present and with a slight
excess after the marker has been lightly pressed in place. For epoxy installations, excess
adhesive around the edge of the marker, excess adhesive on the pavement and adhesive on the
exposed surfaces of the markers shall be immediately removed.

Warranty and durability

The contractor shall obtain from the manufacturer a two-year warranty for satisfactory field
performance including stipulated retro-reflectance of the reflecting panel and submit the same to
the Engineer, In addition, a two year warranty for satisfactory infield performance of the finished
road marker shall also be given by the contractor who carried out the work of fixing of reflective
road markers. In case the markers are displaced, damages, get worn out or lose their reflectivity
compared to stipulated standards, the contractor would be required to replace all such markers
within 15 days of the intimation from the Engineer at his own cost.

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 Measurement for Payment
The measurement of reflective road markers shall be in numbers of different types of markers
supplied and fixed.
Rate
The contract unit rate for reflective road markers shall be payment in full compensation for
furnishing all labour, material, tools, equipment including incidental costs necessary for carrying
out the work at site conforming to the specifications complete as per approved drawings or as
directed by the Engineer.

Note: The warranty as specified in clause- 804.7.3 should be in the name of NHIDCL and
it must be deposited to the BO.

SECTION 900 – QUALITY CONTROL FOR ROAD WORKS

Clause901 General

Amend the clause 901.10 as under:

Clause901.10 For bitumen, cutback, emulsion, mild steel, cement and other
similar material where essential tests are to be carried out at the
manufacture’s plant or at laboratories other than the site laboratory,
the cost of samples, sampling, testing, and furnishing of the test
certificates shall be borne by the Contractor. The frequency of tests
regarding bitumen, cutback and emulsion in respect of its quality
shall be as per the Table 900-4 of MOST Specification.

SECTION 1000 – MATERIALS FOR STRUCTURES:

Clause1014 Storage of Materials:

Clause1014.3 Aggregates

The following shall be added at the end of the Clause: “Aggregates

shall be stockpiled in a manner that will avoid segregation,
contamination by foreign materials and intermixing of various
sizes of aggregates.”

SECTION 3002- RESTORATION OF RAIN CUTS:

Clause3002.4 Amend this asunder:

“The earth works for restoration of rain cuts shall be measured in

cum.”

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 APPENDIX-A

DETAILS OF DEFECT LIABILITY PERIOD

6 Months Maintenance/DLP Period after execution period will over (i.e. After
12 Months from the date of Signing of Contract Agreement)

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 VI INTEGRITY PACT FORMAT
This integrity Pact is made at on this day of 2022.
BETWEEN
[President of India through NATIONAL HIGHWAYS & INFRASTRUCTURE DEVELOPMENT
CORPORATION LTD., established under the Companies Act, 2013, represented by its Managing
Director and having its principal office at 3rd Floor, PTI Building, 4-Parliament Street, New Delhi-
110001], (hereinafter referred to as the “Principal/Owner” which expression shall, unless repugnant to
the context or meaning thereof, include its administrators, successors and assigns).
AND
{Name and address of the Firm/Company},(hereinafter referred to as
“The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression shall unless repugnant
to be meaning or context thereof include its successors and permitted assigns.)

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

Article-1: Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles:-
(a) No employee of the Principal, personally or through family members, will in connection with the
Tender for, or the execution of a Contract, demand, take a promise for or accept, for self, or third
person, any material of immaterial benefit which the person is not legally entitled to.
(b) The Principal will, during the Tender process treat all Bidder(s) with equity and reason. The Principal
will in particular, before and during the Tender process, provide to all Bidder(s) the same information
and will not provide to any Bidder(s) confidential/ 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
Page 101 of 104
 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.

Article - 3 Disqualification from tender process and exclusion from future contracts.
(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), before award or during execution has
committed a transgression through a violation of any provision of Article- 2, above or in any other form
such as to put his reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a transgression through
a violation of Article-2 such as to put his reliability or credibility into question, the Principal shall be
entitled to exclude including blacklist and put on holiday the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) for any future tenders/ contract award process. The imposition and
duration of the exclusion will be determined by the severity of the transgression. The severity will be
determined by the Principal taking into consideration the full facts and circumstances of each case
particularly taking into account the number of transgressions, the position of the transgressors within
the company hierarchy of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) and the
amount of the damage. The exclusion will be imposed for a maximum of 3 years.
(3) A transgression is considered to have occurred if the Principal after due consideration of the available
evidence concludes that “On the basis of facts available there are no material doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent and without any
influence agrees and undertakes to respect and uphold the Principal’s absolute rights to resort to and
impose such exclusion and further accepts and undertakes not to challenge or question such exclusion

Page 102 of 104

 on any ground, including the lack of any hearing before the decision to resort to such exclusion is
taken. This undertaking is given freely and after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)shall be final
and binding on the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), however, the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) can approach IEM(s) appointed for the purpose of this
Pact.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation of integrity pact, the
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall not be entitled for any compensation on
this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) could be revoked by the Principal if the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s)can prove that he has restored/ recouped the damage caused by him
and has installed a suitable corruption prevention system in his organization.

Article – 4: Compensation for Damages.

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

Article – 5: Previous Transgressions

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

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

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

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

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

Article – 9 Pact Duration

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

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 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}

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