Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale

Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

GOVERNMENT OF MAHARASHTRA
PUBLIC WORKS REGION, NASHIK
PUBLIC WORKS CIRCLE, NASHIK
PUBLIC WORKS (NORTH) DIVISION, NASHIK

PROCUREMENT OF WORKS

Request For Proposal

For

Improvements To Trimbakeshwar Tupadevi Talwade Rohile

Dhondehgaon Kochargaon Umrale Dindori Palkhed
Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km
30/800 to 103/700

Issued on: May 2025

Employer /Client: Public Works Department, Maharashtra
Country: India

Revised

Contractor 1 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

TABLE OF CONTENTS

S. No. Contents Page No.

Disclaimer 4
Glossary 5
1 Introduction 6
1.1 Background 6
1.2 Brief description of Bidding Process 7
1.3 Schedule of Bidding Process 8

2 Instructions to Bidders 10
A General 10
2.1 General terms of Bidding 10
2.2 Eligibility and qualification requirement of Bidder 15
2.3 Proprietary Data 29
2.4 Cost of Bidding 30
2.5 Site visit and verification of information 30
2.6 Verification and Disqualification 30

B Documents 32
2.7 Contents of the RFP 32
2.8 Clarifications 32
2.9 Amendment of RFP 33

C Preparation and Submission of BIDs 33

2.10 Format and Signing of BID 33
2.11 Documents comprising Technical & financial BID 33
2.12 BID Due Date 35
2.13 Late BIDs 35
2.14 Procedure of e-tendering 35
2.15 Online opening of Bids 37
2.16 Rejection of BIDs 37
2.17 Validity of BIDs 37
2.18 Confidentiality 37
2.19 Correspondence with the Bidder 37

D BID Security 38
2.20 BID Security 38
3 Evaluation of Technical and Opening & Evaluation of financial 41
Bids
3.1 Evaluation of Technical BIDs 41
3.2 Opening and Evaluation of financial Bids 42

Contractor 2 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

3.2A Multiple Contracting 42

3.3 Selection of Bidder 45
3.4 Contacts during BID Evaluation 46
3.5 Correspondence with the Bidder 46
4 Fraud and Corrupt Practices 47
5 Pre-BID Conference 48
6 Miscellaneous 49
Appendices 50
IA Letter comprising the Technical BID 50
IB Letter comprising the Financial BID 54
II BID Security 82
III Format for Power of Attorney for signing of BID 84
IV Format for Power of Attorney for Lead Member of Joint Venture 87
V Format for Joint Bidding Agreement for Joint Venture 89
VI Integrity Pact Format 93
VII Form of Bank Guarantee (For Performance Security) 99
VIII Format of LOA 102

Annexure of Appendix 1A
I Details of Bidder 56
II Technical Capacity of the Bidder 61
III Financial Capacity of the Bidder 62
III-A Financial Resources of the Bidder 64
III-B Current Contract Commitments 65
III-C Evidence of Availability of Credit Line Financial Resources 66
IV Details of Eligible Project 67
IV-A Construction Experience in Key Activities 70
IV-B Form for Proposed Manpower 71
IV-C CV Format for Proposed Manpower 72
IV-D Form for Equipment/ Machinery 73
V Statement of legal capacity 76
VI Information required to Evaluate the Bid capacity 77
VII Guidelines of the Department of Disinvestment 79
VIII Details of ongoing Works 81

Contractor 3 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”) or subsequently
provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf of the
Authority or any of its employees or advisors, is provided to Bidder(s) on the terms and conditions
set out in this RFP and such other terms and conditions subject to which such information is
provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions
and assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for
the Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, check the
accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall have no
liability to any person, including any Applicant or Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFP or arising in any way for participation in
this BID Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements contained
in this RFP. The Authority may in its absolute discretion, but without being under any obligation to
do so, update, amend or supplement the information, assessment or assumptions contained in this
RFP.
The issue of this RFP does not imply that the Authority is bound to select a Bidder or to appoint
the Selected Bidder JV or Contractor, as the case may be, for the Project and the Authority reserves
the right to reject all or any of the Bidders or BIDs without assigning any reason whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its BID including but not limited to preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations which may be required by the
Authority or any other costs incurred in connection with or relating to its BID. All such costs and
expenses will remain with the Bidder and the Authority shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Bidder in
preparation or submission of the BID, regardless of the conduct or outcome of the Bidding Process.

Contractor 4 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

GLOSSARY

Agreement As defined in Clause 1.1.4

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

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

Contractor 5 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

PUBLIC WORKS DEPARTMENT,

GOVERNMENT OF MAHARASHTRA

SECTION 1

INTRODUCTION
1.1 Background

1.1.1 The Government of Maharashtra has entrusted Public Works Region, Nashik
(hereinafter called as ‘PWD’), for the development of various roads of approximately
450 Kms. For the purpose of the same, PWD is acting as an implementing agency for
execution of works on EPC basis from various contractors / sub-contractors. The Public
Works Department are called as ‘Authority’ hereinafter. And as part of this endeavour,
the Authority has decided to undertake Improvements To Trimbakeshwar Tupadevi
Talwade Rohile Dhondehgaon Kochargaon Umrale Dindori Palkhed Lokhandewadi
Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700 (the “Project”) through an
Engineering, Procurement and Construction (the “EPC”) Contract and has decided to
carry out the bidding process for selection of a Bidder to whom the Project may be
awarded. These works will be taken in budget year 2025-26 under budget head 5054
(03) – for State Highways and/or 5054(04) – for Other and District Roads or as may be
directed by the Government of Maharashtra from time to time. A brief description of the
project may be seen in the Information Memorandum of the Project at the website
https://www.mahatenders.gov.in. Brief particulars of the Project are as follows:

Name of the Project Length Estimated Project No of Years for

Highway in Km Cost (excluding completion of
GST)* work

Improvements To
Trimbakeshwar Tupadevi Rs. 161.26 Crores
21 Months
Talwade Rohile (Rupees One
Twenty-One
Dhondehgaon Kochargaon Hundred and Sixty-
62.40 Months
Umrale Dindori Palkhed One Crore and
(Construction
Lokhandewadi Jopul Twenty-Six Lakhs
Period)1
Pimpalgaon NH-03 road SH- only only)
29 Km 30/800 to 103/700
* includes all duties, taxes (excluding GST, which shall be payable at the applicable
rates), royalty, cess, testing charges, and fees.

1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing, engineering,
procurement, and construction of the Project under and in accordance with the
provisions of an engineering, procurement and construction contract (the “EPC
Contract”) to be entered into between the Contractor and the Authority in the form
provided by the Authority as part of the Bidding Documents pursuant hereto. The
Contractor shall also be responsible for the rectification of any defect or deficiency
during the Defect Liability Period. The scope of work will broadly include rehabilitation,
upgradation and augmentation of the existing carriageway to [two-lane with/ without
paved shoulders] standards with construction of new pavement, rehabilitation of existing
pavement, construction and/or rehabilitation of major and minor bridges, culverts, road
1
For projects with EPC cost less than 150 Crores = 18 months
For projects with EPC cost more than 150 Crores = 21 months
Contractor 6 Public Works Division, (North) Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

intersections, interchanges, drains, etc. and rectification of any defect or deficiency

during the Defect Liability Period, which shall be in accordance with the Contract
Agreement.

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

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

1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with the terms
set forth in this RFP and other documents to be provided by the Authority pursuant to
this RFP (collectively the "Bidding Documents"), and all BIDs shall be prepared and
submitted in accordance with such terms on or before the BID due date specified in
Clause 1.3 for submission of BIDs (the “BID Due Date”).

1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a single stage two part system (referred to as the "Bidding
Process") for selection of the Bidder for award of the Project. Under this process, the
bid shall be invited under two parts. Eligibility and qualification of the Bidder will
be first examined based on the details submitted under first part (Technical Bid) with
respect to eligibility and qualifications criteria prescribed in this RFP (the “Bidder”,
which expression shall, unless repugnant to the context, include the members of the
Joint Venture). The Financial Bid under the second part shall be opened of only those
Bidders whose Technical Bids are responsive to eligibility and qualifications
requirements as per this RFP [GOI has issued guidelines (see Annexure VII of
Appendix-1A of RFP) for qualification of Bidders seeking to acquire stakes in any
public sector enterprise through the process of disinvestment. These guidelines shall
apply mutatis mutandis to this Bidding Process. The Authority shall be entitled to
disqualify any Bidder in accordance with the aforesaid guidelines at any stage of the
Bidding Process. Bidders must satisfy themselves that they are qualified to bid, and should
give an undertaking to this effect in the form at Appendix-IA].

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

1.2.3 The complete Bidding Documents including the draft Agreement for the Project is
enclosed for the Bidders. The Abstract of the Feasibility Report / Detailed Project Report
prepared by the Authority/ consultants of the Authority (the "Feasibility Report/Detailed
Project Report ") is also enclosed. The Feasibility Report / Detailed Project Report of
the Project is being provided only as a preliminary reference document by way of
assistance to the Bidders who are expected to carry out their own surveys, investigations
and other detailed examination of the Project before submitting their Bids. Nothing
contained in the Feasibility Report/Detailed Project Report shall be binding on the
Authority nor confer any right on the Bidders, and the Authority shall have no liability
whatsoever in relation to or arising out of any or all contents of the Feasibility
Report/Detailed Project Report. The aforesaid documents and any addenda issued
subsequent to this RFP Document, will be deemed to form part of the Bidding
Documents.

Contractor 7 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

1.2.4 A Bidder is required to submit, along with its BID, a BID Security of Rs. 1.61 Crores
(Rupees One Crore and Sixty-One Lakhs Only ) [As per format at Appendix-II].
The Bidders shall also submit Rs. 23,600 /- [Rupees Twenty-Three Thousand Six
Hundred Only] towards the cost of tender [to be submitted online at the time of
submission of bid (scanned copy of receipt / document to be submitted online on
mahatenders.gov.in/nicgep/app] and in which case documentary proof of the same to be
enclosed with physical submission as required by clause 2.11.2.
Sr.no Particulars Details
1 Name of Beneficiary EXECUTIVE ENGINEER, PUBLIC
WORKS DIVISION NORTH
2 Name of Bank STATE BANK OF INDIA, NASHIK
3 Account No. 11292062904
4 IFSC Code SBIN0000437
5 Branch SBI TRY BRANCH, COLLECTOR
COMPOUND, NASHIK

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

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

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

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

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

1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted by e-mail to the officer designated in Clause 2.11.4 below with
identification/ title: "Queries / Request for Additional Information: RFP for
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon
Umrale Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km
30/800 to 103/700 - Project".

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Sl. No. Event Description Date

1. Invitation of RFP (NIT) 03 June 2025 from 10:30 Hrs
2. Last date for receiving queries 09 June 2025 at 12:00 Hrs

Contractor 8 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Sl. No. Event Description Date

3. Pre-BID meeting at venue 2.11.4 (i) 09 June 2025 at 15:00 Hrs
4. Authority response to queries latest by 10 June 2025
5. Last date of Request for BID Document 23 June 2025 up to 17:00 Hrs
6 BID Due Date 23 June 2025 up to 17:00 Hrs
7. Physical Submission of Bid Security 23 June 2025 up to 17:00 Hrs
8. Opening of Technical BIDs at venue 24 June 2025 from 17:00 Hrs
2.11.4 (i)
9. Declaration of eligible / qualified To be declared
Bidders
10. Opening of Financial BID To be declared
11. Letter of Acceptance (LOA) To be declared
12. Return of signed duplicate copy of To be declared
LOA
13. Validity of BID 120 days from BID Due Date
14. Submission of Performance Security Within 30 days of receipt of LOA. (The
(PS) and Additional Performance bidder has the option to provide 50% of PS
Security (APS), if any and APS, if any within 30 days of receipt of
LOA and the remaining PS and APS, if any
to be provided within 30 days of signing of
agreement)
15. Signing of Agreement Within 10 days from the receipt of 50% of
Performance Security and 50% of
Additional Performance Security, if any

Contractor 9 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

SECTION-2
INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General terms of Bidding

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

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

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

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

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

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

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

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

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

2.1.9 This RFP is not transferable.

Contractor 10 Public Works Division, (North) Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

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

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

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

(c) Lead Member shall meet at least 50% requirement of Bid Capacity, Technical and
Financial Capacity, required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3. The
nomination(s) shall be supported by a Power of Attorney, as per the format at
Appendix-III, signed by all the other Members of the Joint Venture. Other
Member(s) shall meet at least 25% requirement of Bid Capacity, Technical and
Financial Capacity required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3 and the JV as
a whole shall cumulatively/collectively fulfil the 100% requirement.

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

(e) Members of the Joint Venture shall nominate one member to undertake and perform
at least 51 (fifty one) per cent of the total length of the Project Highway who will
be termed as the lead member (the “Lead Member”).

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

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

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

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

Contractor 11 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

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

(b) Further, where the LoA of a project has been issued to an agency, not covered under
the category mentioned above, and it subsequently wishes to transfer its share capital
in favour of another entity who is a resident outside India or where a Bidder or its
Member is controlled by persons resident outside India and thereby the equity capital
of the transferee entity exceeds 50% or above, any such transfer of equity capital shall
be with the prior approval of the competent authority from national security and public
interest perspective as per the instructions of the Government of India applicable at
such point in time.

(c) The holding or acquisition of equity control, as above shall include direct or indirect
holding, acquisition, including by transfer of the direct or indirect legal or beneficial
ownership or control, by persons acting for themselves or in concert and in determining
such holding or acquisition, the Authority shall be guided by the principles, precedents
and definitions contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 2011, or any substitute thereof, as
in force on the date of such acquisition.

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

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

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

Contractor 12 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

2.1.14 The Bidder, including an individual or any of its Joint Venture member, should not be
a non-performing party on the date of opening of tender nor on the date of issue of
Letter of Acceptance (LoA). In case, any debarred/declared non-performer firm
submits the bid, the same will be ignored. In case such firm is lowest (L-1), next lowest
firm shall be considered as L-1. Bid Security submitted by such debarred/declared non-
performer firms shall be returned to them. Debarment/ declaration as non-performer of
a particular firm shall automatically extend to all its allied firms. In case of a joint
venture/ consortium is debarred, all partners/ members shall stand debarred for the
entire period. The Bidder, including any Joint Venture Member, shall be deemed to be
a non-performing party if it attracts any or more of the following conditions in any of
its ongoing or completed projects:

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

(ii) Fails to mobilize key construction equipment within a period of 4 months from
the Appointed Date;

(iii) Fails to complete or has missed any milestone and progress not commensurate
with contiguous unencumbered project length/ROW available, even after lapse
of 6 months from respective project milestone / scheduled completion date,
unless Extension of Time has been allowed on the recommendations of the
Independent Engineer due to Authority’s default or Force Majeure;

(iv) Fails to achieve progress commensurate with funds released from Escrow
Account (Equity + Debt +Grant) in BOT or HAM project and variation is more
than 25% in the last 365 days

(v) Fails to complete a project, as per revised schedule, for which One Time Fund
Infusion (OTFI) has been sanctioned by the Authority or relaxations to contract
conditions to improve cash flow solely on account of Concessionaire’s
failure/default;

(vi) Punch List even after lapse of the prescribed time for completion of such items;
Excluding delays attributable to the Authority.

(vii) Occurrence of minor failure of structure/ highway due to construction defect

wherein no casualties are reported ( casualties defect include injuries to human
being/ animals;

(viii) Occurrence of major failure of structure/ highway due to construction defect

wherein no casualties are reported (casualties include injuries to human being/
animals)

(ix) Occurrence of major failure of structure/ highway due to construction defect

leading to loss of human lives besides loss of reputation etc. of the Authority

(x) Fails to fulfil its obligations to maintain a highway in a satisfactory condition

in spite of two rectification notices issued in this behalf;

(xi) Fails to complete minor rectifications exceeding 3 instance in a project as per

time given to Non Conformity Reports (NCRs) in design/ completed work /
maintenance or reported in inspection report issued by the Quality inspectors
deployed by the Authority or officers Of the Authority.
Contractor 13 Public Works Division, (North) Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(xii) Fails to make premium payments excluding the current instalment in one or
more projects.

(xiii) Damages/ Penalties recommended by the Independent/ Authority’s Engineer on

the Bidder during O&M period and the remedial works Stll not taken up.

(xiv) Fails to achieve financial closure in two or more projects within the given or
extended period (which shall not be more than six months in any case).

(xv) Fails to submit the Performance Security within the permissible period in more
than one project(s).

(xvi) Rated as an unsatisfactory performing entity/ non-performing entity by an

independent third party agency and so notified on the website of the Authority.

(xvii) Has Failed to perform for the works of Expressways, State Highways, ISC &
EI works in the last 2(two) years, as evidenced by imposition of a penalty by an
arbitral or judicial authority or a judicial pronouncement or arbitral award
against the Bidder, including individual or any of its Joint Venture Member, as
the case may be.

(xviii) Has been expelled or the contract terminated by the Public Works Department,
Government of Maharashtra, Maharashtra State Infrastructure Development
Corporation, Maharashtra, Maharashtra Road Development Corporation,
National Highway Authority of India, Ministry of Road Transport & Highways,
or any other implementing agencies for breach by such Bidder, including
individual or any of its Joint Venture Member; Provided that any such decision
of expulsion or termination of contract leading to debarring of the Bidder from
further participation in bids for the prescribed period should have been ordered
after affording an opportunity of hearing to such party.

(xix) Fails to start the works or causes delay in maintenance & repair/ overlay of the
project.

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

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

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

(ii) details of updated on-going process of blacklisting if so, under any contract with Authority
/ Government; and

(iii) details of all their on-going projects in the format at Annexure-VIII of Appendix IA (Ref
Clause 10.3 (iv) of Draft EPC Agreement).

Contractor 14 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

The Authority reserves the right to reject an otherwise eligible Bidder on the basis of the
information provided under this clause 2.1.14. The decision of the Authority in this case shall
be final.

2.1.15 All Orders of Ministry of Finance/DPIIT/any other Government agencies, as applicable

and prevalent on the date of LOA, shall be applicable.

2.1.16 Entities of countries which have been identified by Ministry of Road Transport &
Highways as not allowing Indian companies to participate in their Government
procurement for any item related to Ministry of Road Transport & Highways shall not
be allowed to participate in Government procurement in India for all items related to
Ministry of Road Transport & Highways, except for the list of items published by the
Ministry of Road Transport & Highways permitting their participation

2.2. Eligibility and qualification requirements of Bidder

2.2.1 For determining the eligibility of Bidder the following shall apply:

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

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

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

i. the Bidder, its Joint Venture Member (or any constituent thereof) and any other
Bidder, its Member or any Member of its Joint Venture thereof (or any
constituent thereof) have common controlling shareholders or other ownership
interest; provided that this disqualification shall not apply in cases where the
direct or indirect shareholding of a Bidder, or its Joint Venture Member thereof
(or any shareholder thereof having a shareholding of more than 5% (five
percent) of the paid up and subscribed share capital of such Bidder, or its Joint
Venture Member, as the case may be), in the other Bidder, its Joint Venture
Member is less than 5% (five percent) of the subscribed and paid up equity
share capital thereof; provided further that this disqualification shall not apply
to any ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act 1956. For
the purposes of this Clause 2.2.1(e), indirect shareholding held through one or
more intermediate persons shall be computed as follows: (aa) where any
intermediary is controlled by a person through management control or
otherwise, the entire shareholding held by such controlled intermediary in any
other person (the “Subject Person”) shall be taken into account for computing

Contractor 15 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

the shareholding of such controlling person in the Subject Person; and (bb)
subject always to sub-clause (aa) above, where a person does not exercise
control over an intermediary, which has shareholding in the Subject Person, the
computation of indirect shareholding of such person in the Subject Person shall
be undertaken on a proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the shareholding of
such person in the intermediary is less than 26% of the subscribed and paid up
equity shareholding of such intermediary; or

ii. a constituent of such Bidder is also a constituent of another Bidder; or

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

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

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

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

(d) For determining the eligibility of Bidder from a country which shares a land border
with India the following shall apply:

(i) Any Bidder from a country which shares a land border with India will be
eligible to bid, only if the Bidder is registered with the Competent Authority,
specified in Annexure I of Order (Public Procurement No. 1) issued by
Ministry of Finance, Department of Expenditure Public Procurement Division
vide F. No. 6/18/2019-PPD, dated 23rd July 2020, which shall form an integral
part of RFP and DCA (Copy enclosed).

(ii) “Bidder from a country which shares a land border with India” means:

a) An entity incorporated, established or registered in such a country, or

b) A subsidiary of an entity incorporated, established or registered in such a

country; or

c) An entity substantially controlled through entities incorporated,

established or registered in such a country; or

d) An entity whose beneficial owner is situated in such a country; or

Contractor 16 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

e) An Indian (or other) agent of such an entity; or

f) A natural person who is a citizen of such a country; or

g) A Consortium or joint venture where any member of the consortium or

joint venture falls under any of the above.

(iii) Beneficial owner for the purpose of (ii) above means:

1. In case of a company or Limited Liability Partnership, the beneficial

owner is the natural person(s), who, whether acting alone or together, or
through one or more judicial person, has a controlling ownership interest
or who exercises control through other means.

Explanation:

a) “Controlling ownership interest” means ownership of or entitlement to

more than twenty-five per cent of shares or capital or profits of the company.

b) “Control” shall include the right to appoint majority of the directors or to

control the management or policy decisions including by virtue of their
shareholding or management rights or shareholding agreements or voting
agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s)

who, whether acting alone or together, or through one or more juridical
person: has ownership of entitlement to more than fifteen percent of capital or
profits of the partnership;

3. In case of an unincorporated association or body of individuals, the

beneficial owner is the natural person(s), who, whether acting alone or
together, or through one or more juridical person, has ownership of or
entitlement to more than fifteen percent of the property or capital or profits of
such association or body of individual;

4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position of senior
managing official;

5. In case of a trust, the identification of beneficial owner(s) shall include

identification of the author of the trust, the trustee, the beneficiaries with
fifteen percent or more interest in the trust and any other natural person
exercising ultimate effective control over the trust through a chain of control
or ownership.

(iv) An Agent is a person employed to do any act for another, or to represent

another in dealings with third person.

(v) The Selected Bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority. The definition of
“contractor from a country which shares a land border with India” shall be as
in Clause 2.2.1 (d)(ii) above.

Contractor 17 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Certificate regarding Compliance:

A certificate on the letterhead of the Bidder shall be required to be submitted

by the bidders certifying the following in the format prescribed at Appendix-
IX:

“I/We have read the clause regarding restrictions on procurement from a

bidder of a country which shares a land border with India and on sub-
contracting to contractors from such countries;

I/We certify that this bidder is not from a country or, if from such a country,
has been registered with the Competent Authority as defined in Public
Procurement Order no. F.no.6/18/2019- PPD dated 23rd July 2020 and will not
sub-contract any work to a contractor from such countries unless such
contractor is registered with the Competent Authority;

I/We hereby certify that this bidder fulfils all requirements in this regard and
is eligible to be considered.”

It may be noted that in case the above certification is found to be false, this
would be a ground for immediate rejection of Bid/termination and further
legal action in accordance with law.

Validity of Registration:

In respect of RFP, registration should be valid at the time of submission of

bids and at the time of acceptance of bids. If the Bidder was validly registered
at the time of acceptance, registration shall not be a relevant consideration
during contract execution.

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

Bidders who inter alia meet the minimum qualification criteria will be qualified only
if their available BID capacity is more than Rs. 190.29 Crores [118% of Bid value as
per clause 1.1.1]. The available BID capacity will be calculated as per following,
based on information mentioned at Annexure-VI of Appendix-IA:

Assessed Available BID capacity = (A*N*2 – B + C), Where

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

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

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

B = Value (updated to the price level of the year indicated in table at Note-3 below)
of existing commitments, works for which the bidder has emerged as the
winner of the bids or on-going works to be completed during the period of

Contractor 18 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

completion of the works for which BID is invited. For the sake of clarification,
it is mentioned that works for which bidder has emerged as the winner of the
bids but LOA has not been issued as on the day before opening the financial
bids shall also be considered while calculating value of B.

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

Note:
1. The Statement showing the value of all existing commitments, works for
which the bidder has emerged as the winner of the bid as given by bidder and
ongoing works as well as the stipulated period of completion remaining for
each of the works listed should be countersigned by the Client or its
Engineer-in-charge not below the rank of Executive Engineer or equivalent
in respect of EPC Projects or Concessionaire / Authorised Signatory of SPV
in respect of BOT Projects and verified by Statutory Auditor.
2. The amount of bonus received, if any, in EPC Projects should be
countersigned by the Client or its Engineer-in-charge not below the rank of
Executive Engineer or equivalent in respect of EPC Projects.
3. The factor for the year for updation to the price level is indicated as under:

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

Up-dation factor 1.00 1.05 1.10 1.15 1.20
4. The Bid capacity status of the bidder to be updated as on the day before
opening the financial bids.
5. Bidder shall upload QR based Bid Capacity Certificate downloaded on or
before two days of submission from Portal “bidcap.emahapwd.com”. If this
bid capacity certificate is not uploaded then tender shall be treated as non-
Responsive.

2.2.2.2 Technical Capacity

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

Capacity”), the Bidder shall, over the past [5 (five)]2 financial years preceding
the Bid Due Date, have received payments for construction of Eligible
Project(s), or has undertaken construction works by itself in a EPC/ PPP project,
such that the sum total thereof, as further adjusted in accordance with clause
2.2.2.5 (i) & (ii), is more than Rs. 190.29 Crores (Rupees One Hundred and
Ninety Crore and Twenty-Nine Lakhs only Only) [118% of the Bid value as
per clause 1.1.1] (the “Threshold Technical Capacity”)3.

2
5 years in case of normal highway projects and 10 years in case of Standalone specialized projects.

Contractor 19 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(ii) For normal Highway projects (including Major

Bridges/ROB/Flyovers/Tunnels):

Provided that at least

a. one similar (similar type of pavement4) work of Rs. 152.23 Crores
(Rupees One Hundred and Fifty-Two Crore and Twenty-Three Lakhs only
Only) [94.40% of Estimated Project Cost] and 49.92 KMs [80% of project
length in KMs]; Or
b. two similar (similar type of pavement) works of Rs. 95.14 Crores
(Rupees Ninety-Five Crore and Fourteen Lakhs only Only) [59% of Estimated
Project Cost] and 31.20 KMs [50% of project length in KMs];

each shall have been completed from the Eligible Projects in Category 1 and/or
Category 3 specified in Clause 2.2.2.5. For this purpose, a project shall be
considered to be completed, if more than 90% of the value of work has been
completed and such completed value of work is equal to or more than 94.40%/
59%, as the case may be, of the estimated project cost.

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

sole Bidder or in case the Bidder being a Joint Venture, any member of Joint
Venture shall necessarily demonstrate additional experience in construction of
Major Bridge/ROBs/Flyovers/Tunnel in the last 10 (Ten) financial years
preceding the Bid Due Date i.e. shall have completed atleast one similar Major
Bridge/ROB/Flyover having span equal to or greater than:

(a) In case, longest span of bridge/ROB/flyover is less than or equal to 60m, no

additional qualification is required.
(b) when longest span is more than 60m: 50% of the longest span or 100 m
whichever is less, of the structure proposed in this project
and in case of tunnel, if any, shall have completed construction of atleast one
tunnel consisting of single or twin tubes (including tunnel(s) for
roads/Railway/Metro rail/irrigation/hydro-electric projects etc.) having atleast:
(a) In case tunnel is a part of project having length less than or equal to 200m,
then no additional qualification is required.
(b) when length of tunnel more than 200m: 50% of the cross-sectional area of
proposed tunnel or two lane highway tunnel cross- sectional area, whichever is
less and 20% length of the tunnel to be constructed in this project or 2 km,
whichever is less.

Note: For the purpose of this RFP,

For the evaluation, the following weightage will be considered according to the
lane widths of the completed projects.
Lane Multiplying Factor

2 Lanes- 7m wide 1.00

2 Lanes with paved shoulder 10m wide 1.50

4
Similar type of pavement means similar pavement for major portion of the package for which tender is called.
Contractor 20 Public Works Division, (North) Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

4 Lanes- 14m wide 2.00

6 Lanes and above 2.85

(iii) For Stand-alone specialized projects:

(a) Major Bridges/ROB/Flyovers projects:

(a1) In case the cost of specialized project is less than or equal to Rs.
1,000 Cr: The sole Bidder or in case the Bidder being a Joint Venture, any
member of Joint Venture shall have completed atleast one similar Major
Bridge/ROB/Flyover project in the last 10 (Ten) financial years preceding
the Bid Due Date, having span equal to or greater than 50% of the longest
span or 100m, whichever is less of the structure proposed in this project
and also the cost of such similar project shall be atleast 20% of the
Estimated Project Cost. For this purpose, a project shall be considered to
be completed, if more than 90% of the value of work has been completed
and such completed value of work is equal to or more than 20%of the
Estimated Project Cost.

(a2) In case the cost of specialized project is more than Rs. 1,000 Cr:
The sole Bidder or in case the Bidder being a Joint Venture, any member
of Joint Venture shall have completed at least one similar Major Bridge/
ROB/ Flyover project in the last 10 (ten) financial years preceding the Bid
Due Date, having span equal to or greater than 50% of the longest span of
the structure proposed in this project or 100m, whichever is less, and also
the cost of such similar project shall be atleast 20% of the Estimated
Project Cost or Rs. 1000Cr. Whichever is less. For this purpose, a project
shall be considered to be completed, if more than 90% of the value of work
has been completed and such completed value of work is equal to or more
than 20% of the Estimated Project Cost or Rs. 1000 Cr., whichever is less.

(b) Tunnel project: The sole Bidder or in case the Bidder being a Joint Venture,
any member of Joint Venture shall have completed atleast one tunnel project in
the last 10 (Ten) financial years preceding the Bid Due Date, consisting of
single or twin tubes (including tunnel(s) for roads/Railway/Metro
rail/irrigation/hydro-electric projects etc.) having atleast 50% of the cross-
sectional area of the tunnel to be constructed or cross sectional area of 2 lane
highway tunnel, whichever is less and 20% length of the tunnel to be
constructed in this project and the cost of such project shall be atleast 20% of
the Estimated Project Cost or Rs. 1000 crore, whichever is less. For this
purpose, a project shall be considered to be completed, if more than 90% of the
value of work has been completed and such completed value of work is equal
to or more than 20% of the Estimated Project Cost or Rs. 1000 crore, whichever
is less.

Contractor 21 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

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

Up-dation factor 1.00 1.05 1.10 1.15 1.20

(v) For the above or other contracts executed over the past [5 (five)] financial years
preceding the Bid Due Date, a minimum construction experience is required in
the following key activities:

a. Bidder must demonstrate an experience in Subgrade/Embankment in roadway

for quantity not less than 1,27,381.53 cubic meter
b. Deleted
c. Bidder must demonstrate an experience in Granular Sub Base (GSB) for quantity
not less than 1,16,066.45 cubic meter
d. Bidder must demonstrate an experience in Wet Mix Macadam (WMM) for
quantity not less than 92,683.47 cubic meter
e. Bidder must demonstrate an experience in Dry Lean Concrete (DLC) work for
quantity not less than 6,127.80 cubic meters.
f. Bidder must demonstrate an experience in Pavement Quality Concrete (PQC)
work for quantity not less than 12,500.00 cubic meter.
g. Bidder must demonstrate an experience in Dense Bituminous Macadam (DBM)
work for quantity not less than 20,207.73 cubic meters.
h. Bidder must demonstrate an experience in Bituminous Concrete (BC) work for
quantity not less than 15,907.31 cubic meter.
i. Bidder must demonstrate an experience of construction of bridge with single
span of 10 meters.

(vi) Requirements related to Manpower

The bidder shall demonstrate availability of following key personnel:
Sr. Personnel Qualification Number of
No. Key
Personnel
1. Project Manger B. E. Civil + 15 Years Exp. 1 No
(5 years as Manager)
2. Site Engineer B. E. Civil + 10 Years Exp. 2 Nos
(5 Years in Road Construction)
3 Resident B. E. Civil + 10 Years Exp. 1 Nos
Engineer (5 Years in Road Construction)
4. Plant Engineer B. E. Mech + 10 Years Exp. Or 1 Nos
Dip. Mech +15 years Exp.
5. Quantity B. E. Civil + 7 Years Exp. Or Dip. 1 Nos
Surveyor Civil +10 years Exp.
6. Soil and B. E. Civil + 10 Years Exp. 1 Nos
Material
Engineer
7. Survey B. E. Civil + 5 Years Exp. Or Dip. 1 Nos
Engineer Civil +8 years Exp.

Contractor 22 Public Works Division, (North) Nashik

 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Sr. Personnel Qualification Number of

No. Key
Personnel
8. Quality B. E. Civil + 5 Years Exp. Or Dip. 2 Nos
Control Civil +8 years Exp.
Engineer
9. Electrical B. E. Electrical + 5 Years Exp. Or 1 Nos
Engineer Dip. Electrical + 8 years Exp.
10. Road Safety B. E. Civil + 7 Years Exp. Or Dip. 1 Nos
Engineer Civil +10 years Exp.
Total 12

Notes:
1. The key person should be employed by the bidder/ either member of the joint
venture. The supporting for the same shall be provided.
2. Maximum age of the key personnel should not be more than 65 years as on bid
due date.
3. Supporting documents for qualification, PAN etc. along with CV should be
provided sequentially for each person and the page number for the same shall
be mentioned.
4. In case of unavailability of the supporting document, the bid is liable to be
rejected.
5. Bidders shall fill the relevant information of key persons and Technical staff
available with him in the formats and fields specified on
“bidcap.emahapwd.com” Portal.
Out of the key persons and technical staff available with bidder shall upload the
staff he desires to deploy for this work. This statement shall be downloaded
from portal “bidcap.emahapwd.com”. Bidder shall upload this QR based
statement downloaded from on or before two days of submission.
If this certificate is not uploaded then tender shall be treated as non-responsive.
6. The bidder must submit affidavit on stamp paper of Rs.500/- for availability of
the required key personnel.

(vii) Requirements related to Machinery

Bidder shall demonstrate availability of following machineries:
Sr. Type of Equipment Number of Number of Total
No. Equipment Equipment Requirement
(Owned) (Owned/
Hired)
1. Hydraulic Excavator (1.0 CuM bucket) 1 1 2
2. Motor Grader (150 -200 HP Automatic) 1 1 2
3. Dozer 1 1 2
4. Front end Loader (1.5 CuM bucket – wheel 1 1 2
mounted)
5. Vibratory Roller (8-10 Tons dual vibratory drum) 1 2 3
6. Earth Compactor (10 -12 Tons – Single Drum) 1 1 2

Contractor 23 Public Works Division, (North) Nashik

 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Sr. Type of Equipment Number of Number of Total

No. Equipment Equipment Requirement
(Owned) (Owned/
Hired)
7. Mechanical Paver (Sensor Controlled – 2.5 to 4.5 1 0 1
m paving width) for WMM works
8. Wet Mix Plant (100 -150 TPH with Automatic 1 0 1
Controls and Storage)
9. Bituminous Batch type Hot mix Plant (160 TPH) 1 0 1
with SCADA enabled system
10. Ready Mix Concrete (RMC) Plant – 60 CuM per 1 0 1
hour capacity with SCADA enabled system (with
chilling plant)
11. Transit Mixer with SCADA enabled system with 3 3 6
6- 8 CuM Drum
12. Slip form concrete paver fully automatic with 1 0 1
Dowel bar inserter
13. Fixed form paver self-propelled with double/ triple 1 0 1
tubes
14. Sensor paver finisher (Bituminous) (Paving width 1 1 2
2.5 m to 9.0 m – electronic sensor for grade and
slope control
15. Pneumatic Tyre Roller (15 Tons with 9 wheels) 1 1 2

Note:
1. The life of machinery shall be considered as 15 years.
2. The machinery above age of 15 years as on 01.01.2025 is not allowed.
3. For machinery above age of 10 years as on 01.01.2025 fitness certificate of SE
(Mech.) is required for every year. The fitness certificate may be submitted by
the bidder before issuance of LOA. Undertaking for the same shall be submitted
at the time of submission.
4. After new plant and initial machinery setup as well as relocation of old machinery
to a new site, it is obligatory to obtain fitness certificate from Assistant Chief
Engineer (Mechanical). The fitness certificate may be submitted by the bidder
before issuance of LOA. Undertaking for the same shall be submitted at the time
of submission.
5. The machinery should be owned/ hired (as specified in above table) by the
bidder/ either member of the joint venture.
6. Supporting document viz. tax invoice etc. should be provided sequentially for
each equipment and the page number for the same shall be mentioned.
In case of unavailability of the supporting document, the bid is liable to be
rejected.

(viii) Deleted

2.2.2.3 Financial Capacity:

Contractor 24 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of Rs.
9.51 crore (Rs. Nine Crore and Fifty-One Lakhs only Only) [5.9% of the Estimate
Project Cost] at the close of the preceding financial year.

(ii) The Bidder shall have a minimum Average Annual Construction Turnover
(updated to the price level of the year based on factors indicated in table below) of
Rs. 190.29 crores (Rs. One Hundred and Ninety Crore and Twenty-Nine Lakhs
only Only) [118% of the Estimate Project Cost] for the last 5 (Five) financial years.

This amount should be [118% of the Estimated Project Cost] of the Project for
which bids are being invited.

The updation factor to update the construction turnover for the year is indicated in
table below:
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation factor 1.00 1.05 1.10 1.15 1.20

(iii) The Bidder must demonstrate that its financial resources defined in Annexure IIIA,
less its financial obligations for its current contract commitments defined in
Annexure IIIB, meet or exceed the total requirement for the Subject Contract of
19.67% of the Estimated Project Cost in case projects with 18 months construction
period or 16.86% of the Estimated Project Cost in case projects with 21 months
construction period.

Bidders must demonstrate sufficient financial resources as stated above, comprising

of Working Capital supplemented by liquid credit line statements as per Annexure
IIIC or overdraft facilities (excluding Bank guarantee limits or Non fund based
limits) to meet the Bidder’s financial requirements for
(a) its current contract commitments certified by Statutory Auditor, and
(b) the subject contract.

Current contract commitments shall include value of existing commitments, works

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

(iv) The bidder shall, in the last three financial years have neither been a loss-making
company nor been in the list of Corporate Debt Restructuring (CDR) and / or
Strategic Debt Restructuring (SDR) and / or having been declared Insolvent. The
bidder should submit a certificate from its statutory auditor in this regard.

(v) The bidder shall have ‘BBB’ and above credit rating given by credit rating Agencies
authorized by SEBI. If the bidder does not have ‘BBB’ and above credit rating, the
Bidder shall be required to submit a comfort letter from its Bankers/ Financial
institutions along with its Bid that they will provide Credit Facilities (Term Loan)
Contractor 25 Public Works Division, (North) Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

to the bidder to meet the project cost excluding grant, if any, for domiciling the
project.

2.2.2.4 In case of a Joint Venture:

(i) The Bid Capacity, Technical Capacity and Financial Capacity of all the
Members of Joint Venture would be taken into account for satisfying the above
conditions of eligibility. Further, Lead Member shall meet at least 50%
requirement of Bid Capacity, Technical and Financial Capacity as per Clause
2.2.2.1, 2.2.2.2(i) and 2.2.2.3 and other members shall meet at least 25%
requirement of Bid Capacity, Technical and Financial Capacity individually as
per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3. For avoidance of doubt it is further
clarified that the Joint Venture must collectively and individually satisfy the
above qualification criteria i.e. JV shall cumulatively/collectively fulfill the
100% requirement.

(ii) For requirement of 2.2.2.2 (ii), similar work should have been completed from
the Eligible Projects in Category 1 and/or Category 3 specified in Clause
2.2.2.5 individually by any of the JV members as a single work/ two works.

2.2.2.5 Categories and factors for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 2.2.2 the following categories of experience
would qualify as Technical Capacity and eligible experience (the “Eligible
Experience”) in relation to eligible projects as stipulated in Clauses 2.2.2.6 (i) &
(ii) (the “Eligible Projects”). In case the Bidder has experience across different
categories, the experience for each category would be computed as per weight of
following factors to arrive at its aggregated Eligible Experience:

Category Project / Construction experience on Eligible Projects Factors

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

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

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

(iii) For the purpose of this RFP:

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

bridges, tunnels, runways, railways (construction/re-construction of
railway tracks, yards for keeping containers etc.) metro rail and ports
(including construction/re-construction cost of Jetties, any other linear
infrastructure including bridges etc.); and
Contractor 26 Public Works Division, (North) Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(b) core sector would be deemed to include civil construction cost of power
sector, commercial setups (SEZs etc.), airports, industrial parks/ estates,
logistic parks, pipelines, irrigation, water supply, sewerage, stadium,
hospitals, hotel, smart city, warehouses/silos, oil and gas and real estate
development. Core sector will also include the projects with the title of
RIDF, PMGSY road, link road, city roads, rural road, sector/municipality
road, real estate projects which demonstrate road development/
construction bridges or culverts.

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

Joint Venture, the project cost should be restricted to the share of the applicant
in the joint venture for determining eligibility as per provision under clause
2.2.2.2 (ii). In case Statutory Auditor certifies that, the work of other member(s)
is also executed by the applicant, then the total share executed by applicant can
be considered for determining eligibility as per provision under clause 2.2.2.2.

(v) Maintenance works are not considered as eligible project for evaluation as per
Instruction No.6 to Annex-IV. As such works with nomenclature like PR, OR,
FDR,SR, site/micro grading, surface renewal, resurfacing work, Tarring, B.T.
surface work, temporary restoration, urgent works, periodic maintenance, repair
& rehabilitation, one time maintenance, permanent protection work of bank,
external pre stressing, repair of central hinge, short term OMT contract of NHAI,
any type of work related to border fencing, work of earthwork alone, construction
of buildings/ hostels/hospitals, etc, or not specified, shall not be considered.
However, such maintenance works shall be considered as eligible projects in case
of Maintenance works to be taken up on EPC mode.

(vi) The works such as Improvement in Riding Quality work (IRQP/IRQ), shall be
considered for Technical Capacity [2.2.2.2 (i)] but not for single completed
works [2.2.2.2 (ii)]. However, such work shall be considered for single
completed works [2.2.2.2 (i)] in case of Maintenance works to be taken up on
EPC mode.

(vii) In case both the estimated cost of project and revised cost of project are provided,
the revised cost of project shall be considered for evaluation.

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

(i) For a project to qualify as an Eligible Project under Categories 1 and 2:

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO,
BOOT or other similar basis for providing its output or services to a public
sector entity or for providing non-discriminatory access to users in
pursuance of its charter, concession or contract, as the case may be. For the
avoidance of doubt, a project which constitutes a natural monopoly such as
an airport or port should normally be included in this category even if it is
not based on a long-term agreement with a public entity;
(b) the entity claiming experience should have held, in the company owning
the Eligible Project, a minimum of 26% (twenty six per cent) equity during
the entire year for which Eligible Experience is being claimed;
Contractor 27 Public Works Division, (North) Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(c) the capital cost of the project should be more than 11.80% of the amount
specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Bid Due Date, have itself undertaken the construction of the
project for an amount equal to at least one half of the Project Cost of eligible
projects, excluding any part of the project for which any contractor, sub-
contractor or other agent was appointed for the purposes of construction.

(ii) For a project to qualify as an Eligible Project under Categories 3 and 4, the
Bidder should have received payments from its client(s) for construction
works executed, fully or partially, or work executed and certified by the
Engineer-in-charge/Independent Engineer/Authority’s Engineer during the 5
(five) financial years immediately preceding the Bid Due Date, and only the
amounts (gross) actually received/ work executed, during such 5 (five)
financial years shall qualify for purposes of computing the Experience Score.
However, receipts of or work executed amount less than [Rs. 19.03 crores (Rs.
Nineteen Crore and Three Lakhs only Only)] shall not be reckoned as receipts
for Eligible Projects. For the avoidance of doubt, construction works shall not
include supply of goods or equipment except when such goods or equipment
form part of a turn-key construction contract / EPC contract for the project.
Further, the cost of land and also cost towards pre-construction activities (like
shifting of utilities etc.) shall not be included hereunder.

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

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

2.2.2.7 Submission in support of Technical Capacity

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

(ii) The Bidder must provide the necessary information relating to Technical Capacity
as per format at Annex-II of Appendix-IA.

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

2.2.2.8 Submission in support of Financial capacity

Contractor 28 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

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

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

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

(ii) Certificate(s) from its statutory auditors specifying the net worth of the Bidder,
as at the close of the preceding financial year, and also specifying that the
methodology adopted for calculating such net worth conforms to the provisions
of this Clause 2.2.2.9 (ii). For the purposes of this RFP, net worth (the “Net
Worth”) shall mean the aggregate value of the paid-up share capital and all
reserves created out of the profits and securities premium account, after
deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet,
but does not include reserves created out of revaluation of assets, write-back of
depreciation and amalgamation.

2.2.2.10 Deleted.

2.3 Proprietary data

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

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

Contractor 29 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

BID, document or any information provided along therewith.

2.4 Cost of Bidding

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

2.5 Site visit and verification of information

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

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

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

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

2.6 Verification and Disqualification

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

Contractor 30 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

2.6.2 The Authority reserves the right to reject any BID and take action as per the Bid Security
of the bidder, if:

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

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

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

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

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

B. DOCUMENTS

Contractor 31 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.

Part –I

Invitation for BIDs

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

Appendices
IA. Letter comprising the Technical BID including Annexure I to VIII
IB. Letter comprising the Financial BID
II. Bid Security signed by Authorised Signatory
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA

Part –II
Agreement Document with schedules

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

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

2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in writing
by e-mail in accordance with Clause 1.2.9. They should send in their
queries on or before the date mentioned in the Schedule of Bidding Process
specified in Clause 1.3. The Authority shall endeavour to respond to the queries
within the period specified therein, but no later than 07 (seven) days prior to the
BID Due Date. The responses will be sent by fax or e-mail. The Authority will
forward all the queries and its responses thereto, to all Bidders without identifying
the source of queries.

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

Contractor 32 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

2.9 Amendment of RFP

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

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

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

C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority
will evaluate only those BIDs that are received online in the required formats and have
been applied to on BIMS.

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

2.11 Documents comprising Technical and Financial BID

2.11.1 The Bidder shall ensure that all the details are updated as on the due date of submission
of this bid.

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

Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-VI and
supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III(c) if
applicable, Power of Attorney for Lead Member of Joint Venture as per the format
at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at
Appendix IV;
(e) Deleted

Contractor 33 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(f) Bid Security as per format at Appendix – II of this RFP.

(g) The Bidders shall also submit Rs. 23,600/- [Rupees Twenty-Three Thousand Six
Hundred Only] towards the cost of tender to be submitted through the portal
“bharatkosh.gov.in” (receipt / document to be submitted online payment to be
submitted online on eprocure.gov.in and original copy to be submitted with hard
copy of bid];
(h) Deleted;
(i) Bidders shall comply with all the applicable regulations of Government of
Maharashtra as well as CVC’s Circular No. 06/05/21 dated 03.06.2021 regarding
Standard Operating Procedure on Integrity Pact and the provisions of Office
Memorandum No. RW/SH-37010/4/2010/PIC-EAP(Printing) dated 22.02.2016
and its subsequent amendments if any, issued by MoRT&H (Appendix-VI)
regarding Integrity Pact (IP) and the Integrity Pact (IP) duly signed by Authorised
signatory shall be submitted by the Bidder with the RFP Bid & shall be part of the
Contract Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-(b) above
that they agree and abide by the Bid documents uploaded by Authority and
amendments uploaded, if any; and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing project works
(Ref Clause 10.3 (iv) of Document for EPC Agreement).
(l) copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of each member
(in case of Joint Venture) for preceding 5 years.

Financial Bid
(n) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online
through e-procurement portal on or before date as specified in Clause 1.3 of
section 1 of the RFP.

2.11.2 The Bidder shall submit the scanned copies of the following documents along with the
Bid. And the bidder should submit following document in physical submission:

(a) Deleted;
(b) Deleted;
(c) Deleted;

(d) Bid Security as per format at Appendix –I of this RFP.

(e) Deleted;
(f) Deleted;
(g) Deleted; and
(h) Deleted.

Note: The physical submission shall be made to the following addresses:

Office of Additional Chief Secretary, Public Works Department, Mantralaya,

Mumbai

Or

Contractor 34 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Office of Chief Engineer, Public Works Region, Nashik

Or

Office of Superintending Engineer, Public Works Circle, Nashik

Or

Office of Executive Engineer, Public Works Division, (North) Nashik

2.11.3 Deleted.

2.11.4 Deleted.

2.11.5 Deleted.

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

2.12 BID Due Date

Financial BID comprising of the documents listed at clause 2.11.1 of the RFP shall
be submitted online through e-procurement website https:// mahatenders.gov.in on or
before as specified in Clause 1.3 of Section 1 of the RFP.

2.13 Late BIDs

E-procurement portal website https:// mahatenders.gov.in/nicgep/app shall not allow

submission of any Bid after the prescribed date and time at clause 2.12.

2.14 Procedure for e-tendering

2.14.1 Accessing/ Purchasing of BID documents

2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate (DSC)
(in the name of Authorized Signatory / Firm or Organization / Owner of the Firm or
Organization) from any of the licensed Certifying Agency (Bidders can see the list of
licensed Cas from the link www.cca.gov.in) to participate in e-tendering of Public
Works Department, Maharashtra.

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

2.14.1.2 To participate in the bidding, it is mandatory for the Bidders to get registered their firm
/ Joint Venture with e-procurement portal https:// mahatenders.gov.in/nicgep/app to

Contractor 35 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

have user ID & password which has to be obtained free of cost. Following may kindly
be noted:

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

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

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

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

2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder from e-
procurement portal https:// mahatenders.gov.in/nicgep/app as per the schedule
prescribed in clause 1.3 of section 1 of the RFP.

2.14.1.5 Deleted

2.14.2 Preparation & Submission of BIDs:

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

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

2.14.2.3 Bid must be submitted online only through e-procurement portal https://
mahatenders.gov.in/nicgep/app using authorized signature of authorized
representative of the Bidder on or before as specified in clause 1.3 of Section 1 of
the RFP.

2.14.3 Modifications/ Substitution/ withdrawal of BIDs

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

2.14.3.2 For modification of e-BID, Bidder has to detach its old BID from e-procurement
portal and upload / resubmit digitally signed modified BID. For withdrawal of BID,
Bidder has to click on withdrawal icon at e-procurement portal and can withdraw
its e-BID. Before withdrawal of a BID, it may specifically be noted that after
withdrawal of a BID for any reason, Bidder cannot re-submit e-BID again. For
modification of the application mode (sole I JV), Bidder has to switch the mode
according to the guidelines provided in the aforementioned Bidder Manual

Contractor 36 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

available on the Authority Portal. For withdrawal of bid, the bidder can click on
‘Delete Participation’ as mentioned in the guidelines in the Bidder Manual.”

2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The authority shall open online Technical BIDs on as specified in clause 1.3 of the
Section 1 of the RFP, in the presence of the authorized representatives of the Bidders,
who choose to attend. Technical BID of only those Bidders shall be online opened who
have submitted their BIDs on mahatenders.gov.in Portal. The Public Works Department,
Maharashtra will subsequently examine and evaluate the BIDs in accordance with the
provisions of Section 3 of RFP.

2.16 Rejection of BIDs

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

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

2.17 Validity of BIDs

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

2.18 Confidentiality

Information relating to the examination, clarification, evaluation and

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

2.19 Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any BID.
However, the Authority would display the result of technical evaluation on the web
portal for 3 days including reasons for non- responsiveness, if any, and the financial

Contractor 37 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

bid will be opened thereafter.

D. BID SECURITY

2.20 BID Security

2.20.1 The Bidder shall furnish as part of its BID, a BID Security in the form of a demand
draft / bank guarantee issued by nationalised bank, or a Scheduled Bank in India having
a net worth of At least Rs. 1,000 crore (Rs. One thousand crore), in favour of the
Authority in the format at Appendix-II (the “Bank Guarantee”) and having a validity
period of not less than 180 (one hundred eighty) days from the BID Due Date, inclusive
of a claim period of 60 (sixty) days, and may be extended as may be mutually
agreed between the Authority and the Bidder from time to time. In case the Bank
Guarantee is issued by a foreign bank outside India, confirmation of the same by any
nationalised bank in India is required. For the avoidance of doubt, Scheduled Bank shall
mean a bank as defined under Section 2(e) of the Reserve Bank of India Act, 1934.

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

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

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

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

(a) Deleted
(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Section 4 of this RFP;
(c) If a Bidder withdraws its BID during the period of Bid validity as specified in this
RFP and as extended by mutual consent of the respective Bidder(s) and the
Authority;
(d) In the case of Selected Bidder, if it fails within the specified/extended time limit by
Authority –
(i) to sign and return the duplicate copy of LOA;
(ii) to sign the Agreement; or
(iii) to furnish the Performance Security /Additional Performance Security within
the period prescribed thereof in the Agreement; or
Contractor 38 Public Works Division, (North) Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(e) In case the Selected Bidder, having signed the Agreement, commits any breach thereof
prior to furnishing the Performance Security.

2.21 Performance Security

2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall
furnish to the Authority an irrevocable and unconditional guarantee from a Bank in the
form set forth in Annex-I of Schedule-G (the “Performance Security”) for an amount
equal to 7.50% (Seven and half percent), bifurcated into two parts of 4.50% (Four and
half percent) and 3% (three percent) of its Bid Price. In case of bids quoted below, as
decided by the Authority, the Selected Bidder, along with the Performance Security,
shall also furnish to the Authority an irrevocable and unconditional guarantee from a
Bank in the same form given at Annex-I of Schedule-G towards an Additional
Performance Security (the “Additional Performance Security”) for an amount
calculated as under:

1) Additional performance security shall be 1% of the accepted bid price in case

where the offer quoted is up to 10% below the EPC,

2) In case the offer quoted in bid is more than 10% below compared with EPC, the
additional performance security will be as follows,

a. If the quoted offer is up to 15% below as compared to EPC, then in that case
additional performance security shall be equal to difference between 10% and
quoted below percentage plus 1% (as referred in point 1), example is given as
below,

If % quoted is 13 % below then additional performance security will be (1% +

(13% -10%) = 4%) thus total 4% of the accepted bid price as additional
performance security ll be submitted to the Authority.

b. If the quoted offer is more than 15% below as compared to EPC then in that
case additional performance security shall be equal to two times the difference
between 15% and quoted below percentage plus 6% (as referred in point 1 and
2 (a)), example is given as below,

If % quoted is 19 % below then for

(1%+ (15 % -10%) =6%) plus

(19 % -15% =4%) total (4 x 2) = 8 % thus additional performance security of 6

% + 8% = 14% of the accepted bid price shall be submitted to the Authority.

In case of bank guarantee, it shall be valid up to completion of project. Such

additional performance security will be released at the completion of
construction of project along with the final bill. The Authority reserves the right
to forfeit this additional performance security, in case the performance of the
bidder is not as per schedule.

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

Security.

Contractor 39 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

4) Performance security including Additional Performance security shall be

restricted to 20% of the accepted bid price.

2.21.2 The Performance Security of 3% shall be valid until 60(sixty) days after the Defects
Liability Period. The Performance Security of 4.5% and the Additional
Performance Security shall be valid until 28 (twenty eight) days after Project
Completion Date.

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

2.21.4 In the event the Selected Bidder fails to provide the remaining Performance Security
and Additional Performance Security, if any, as prescribed herein, it may seek
extension of time for a further period upto 60 days by paying the Damages
(applicable from 30th Day onwards) upfront along with the request letter seeking the
extension. The Damages shall be the sum calculated at the rate of 0.01% (zero point
zero one per cent) of the Bid Price offered by the Selected Bidder for each day until
the Performance security and Additional Performance Security, if any, €s provided
in full as prescribed herein. The damages at full rate as given above shall be
applicable even if a part of the Performance Security and the Additional
Performance Security is provided.

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

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

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

Contractor 40 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION
OF FINANCIAL BIDS
3.1 Evaluation of Technical Bids

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

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

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

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

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

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

3.1.6 Tests of responsiveness

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

(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI(Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically as mentioned;
(c) Technical Bid is accompanied by the Bid Security as specified in Clause 1.2.4 and
2.20;
(d) The Power of Attorney is uploaded on Authority Portal as specified in Clauses
2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of Joint
Venture and the Joint Bidding Agreement as specified in Clause 2.1.6, if so
required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and

Contractor 41 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(h) Copy of online receipt/ original documents towards submission of Rs. 23,600 /- [Rs.
Twenty-Three Thousand Six Hundred Only] towards the cost of tender to be
submitted through the portal “bharatkosh.gov.in” (receipt / document to be submitted
online payment to be submitted online on mahatenders.gov.in and original copy to be
submitted with hard copy of bid.

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

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

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

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

3.2 Opening and Evaluation of Financial Bids

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

3.2A Multiple Contracting

Please note that the works are grouped in multiple contracts as advertised under
Notice inviting bids issued under Public Works Region, Nashik viz. E-tender Notice
No. 08/2025-26 of Public Works (North) Division, Nashik (for 05 works), E-tender
Notice No. 09/2025-26 of Public Works (North) Division, Nashik (for 04 works), E-
tender Notice No. 11/2025-26 of Public Works Division, Nashik (for 04 works), E-
tender Notice No. 12/2025-26 of Public Works Division, Nashik (for 02 works), E-
tender Notice No. 04/2025-26 of Public Works Division, Sangamner (for 01 work)
and E-tender Notice No. 05/2025-26 of Public Works Division, Sangamner (for 01
work) (i.e. Total 17 works), the Authority shall evaluate and compare Bids on the
basis of a contract, or a combination of contracts, or as a total of contracts in order to
arrive at the least-cost combination for the Authority by taking into account the L1
bidders for each package at the first instance in case of award of multiple contracts.
In the event any L1 has exhausted his Financial Resources the combination would be
formed taking the next best bid received in the evaluation in such a manner that the
Combination of all the packages remain Least Cost. Incase no bid is received for any
particular package(s) such package(s) will be excluded from multiple contracts
evaluations.

Contractor 42 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

If a Bidder as defined in ITB 4.1 submits several successful (lowest evaluated

substantially responsive) bids, the evaluation will also include an assessment of the
Bidder’s capacity to meet the following aggregated requirements (combined, in case
of JV) as presented in the bid:

• Bid Capacity as per clause 2.2.2.1

• Technical Capacity as per clause 2.2.2.2
• Financial Capacity as per clause 2.2.2.3
In the context of multiple contracting, a bidder, including any of its constituent
members in the case of a Joint Venture (JV), shall be deemed ineligible for further
contract awards once it has been determined that the bidder or any JV member has
reached its maximum technical, financial, or bid capacity, as defined by the relevant
documents. This limitation applies equally to bidders participating in multiple JVs; if
any member of a JV reaches its capacity limit due to its participation in any JV, the
entire JV will be considered to have reached its capacity and will not be awarded
additional contracts.

Example for Evaluation for Multiple Contracting

Assuming that Five bidders A, B, C, D and E has been (i) evaluated with eligibility
capacities based on their technical proposals and (ii) quoted price as per their financial
proposals, as per following table A and table B respectively:

A. Qualification Requirement (as per bidding document):

Criteria Pkg. A Pkg. B Pkg. C Pkg. D Pkg. E

Min. Fin. Resource
25 27.5 50 35 22.5
requirement
Min. AACT
100 110 200 140 90
requirement

B. Price Bid received by bidders:

Pkg. A Pkg. B Pkg. C Pkg. D Pkg. E

Bidder 1 108 120 244 192 100
Bidder 2 128 124 252 196 104
Bidder 3 132 128 256 200 96
Bidder 4 136 116 260 204 92
Bidder 5 140 132 264 208 108
Stage 1: Analysis of above bids:

Contractor 43 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Table below shows least Price Bid quotes received for various packages, Pkg-wise L1
bidders and their Fin resources and AACT

Pkg. A Pkg. B Pkg. C Pkg. D Pkg. E

L1 Bidder Bidder 1 Bidder 4 Bidder 1 Bidder 1 Bidder 4

L1 quote 108 116 244 192 92

Fin Resource of
100 60 100 100 60
the L1

AACT of L1 400 250 400 400 250

Bidder 1 is L1 for three packages (A, C and D) and Bidder 4 is L1 for two packages (B
and E).

Case 1 - Bidder 1 for Pkg. A+ Pkg. C +Pkg. D

Evaluation for multiple

AACT Fin. Resource
Packages
Cumulative
100+200+140 = 440 25+50+35 =110
Requirement
Fin Resource of the
400 100
Bidder 1
Inference Bidder 1 not eligible for all 3 pkgs but for any 2 pkgs as Fin
resource and AACT is less than required

Case 2 – Bidder 4 for Pkg. B + Pkg. E

Evaluation for multiple Packages AACT Fin. Resource

Cumulative Requirement 110+90 = 200 27.5+22.5 =50

Fin Resource of the Bidder 4 250 60

Inference Bidder 4 is eligible for both B and E pkgs

Stage 2 – Award Decision

Scenario 1: Bidder 1 is awarded Pkg. A + Pkg. C, Pkg. D to L2

Pkg. A Pkg. B Pkg. C Pkg. D Pkg. E Total Cost of all Pkgs

Bidder 1 Bidder 4 Bidder 1 Bidder 2 Bidder 4
108 116 244 196 92 756

Contractor 44 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Scenario 2: Bidder 1 is awarded Pkg. C + Pkg. D, Pkg. A to L2

Pkg. A Pkg. B Pkg. C Pkg. D Pkg. E Total Cost of all Pkgs

Bidder 1 Bidder 4 Bidder 1 Bidder 2 Bidder 4
128 116 244 192 92 772

Scenario 3: Bidder 1 is awarded Pkg. A + Pkg. D, Pkg. C to L2

Pkg. A Pkg. B Pkg. C Pkg. D Pkg. E Total Cost of all Pkgs

Bidder 1 Bidder 4 Bidder 1 Bidder 2 Bidder 4
108 116 252 192 92 760

Decision:

Scenario 1 leads to least Project Cost payout and therefore:

• Project A and Project C shall be awarded to Bidder 1,
• Project D shall be awarded to Bidder 2,
Project B and Project E shall be awarded to Bidder 4.

Authority reserves the right to modify/ amend the above selection process. The bidder
will have no right to object the above process.

3.3 Selection of Bidder

3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as
responsive in terms of Clause 3.1.6 subject to clause 3.2A and who quotes lowest price
shall be declared as the selected Bidder (the “Selected Bidder”).

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

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

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

3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause
the Bidder to submit Performance Security and Additional Performance Security (if any)

Contractor 45 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

within the period prescribed/extended by Authority and then execute the Agreement
within the period prescribed in Clause 1.3. The Selected Bidder shall not be entitled to
seek any deviation, modification or amendment in the Agreement.

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

3.4 Contacts during BID Evaluation

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

3.5 Correspondence with Bidder

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

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

Contractor 46 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

SECTION-4
FRAUD AND CORRUPT PRACTICES
4.1 The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent to the
issue of the LOA and during the subsistence of the Agreement. Notwithstanding
anything to the contrary contained herein, or in the LOA or the Agreement, the
Authority may reject a BID, withdraw the LOA, or terminate the Agreement, as the
case may be, without being liable in any manner whatsoever to the Bidder, if it
determines that the Bidder, directly or indirectly or through an agent, engaged in
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice in the Bidding Process. In such an event, the Authority shall be
entitled to forfeit and take action as per Bid Security of the bidder / appropriate the
Performance Security, as the case may be, as Damages, without prejudice to any
other right or remedy that may be available to the Authority under the Bidding
Documents and/ or the Agreement, or otherwise.

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

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

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

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

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

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

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

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

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

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

Contractor 47 Public Works Division, (North) Nashik

Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

SECTION-5

PRE-BID CONFERENCE

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

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

Contractor 48 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

SECTION-6

MISCELLANEOUS

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

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

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

Contractor 49 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

Chief Engineer,
Public Works Region,
Nashik.

Sub: BID for Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon

Kochargaon Umrale Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29
Km 30/800 to 103/700

Dear Sir,

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

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

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

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

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

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

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

7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents, including
any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c)
and 2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable

Contractor 50 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

practice or restrictive practice, as defined in Clause 4.3 of the RFP document, in

respect of any tender or request for proposal issued by or any Agreement entered
into with the Authority or any other public sector enterprise or any government,
Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on
our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the
RFP for the Project and information mentioned for the evaluation of the BID
Capacity in Annexure VI were true and correct as on the date of making the
Application and are also true and correct as on the BID Due Date and I/we shall
continue to abide by them.

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

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

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

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

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

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

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

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

15. I/ We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification in terms of
the guidelines referred to above, we shall intimate the Authority of the same
immediately.

Contractor 51 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

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

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

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

20. I/ We have submitted the Bid Security to the Authority in accordance with the RFP
Document.

21. The Bid Security in the form of Bank Guarantee is attached.

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

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

24. The BID Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, draft Agreement, our own estimates of
costs and after a careful assessment of the site and all the conditions that may affect
the project cost and implementation of the project. Also, we have verified the complete
project site and in no case, we shall raise any claim related to ROW or project design during
the project life.

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

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

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

Contractor 52 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

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

Yours faithfully,

Date: (Signature, name and designation

Place: of the Authorised signatory)

Name & seal of Bidder/Lead Member

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

Contractor 53 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
Chief Engineer,
Public Works Region,
Nashik

Sub: BID for Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon

Kochargaon Umrale Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29
Km 30/800 to 103/700

Dear Sir,

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

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

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

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

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

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

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

Contractor 54 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

7. I/ We hereby submit our BID and offer a BID Price Rs..........................................

(Rs...................................... in words) including all duties, taxes (excluding GST,
which shall be payable at the applicable rates), royalty, cess, testing charges, and
fees for undertaking the aforesaid Project in accordance with the Bidding
Documents and the Agreement.

Yours faithfully,

Date: (Signature, name and designation of x

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

Contractor 55 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix IA
Annex-I

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

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

business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication for
the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

4. Particulars of the Authorised Signatory of the Bidder:

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

5. In case of a Joint Venture:

(a) The information above (1-4) should be provided for all the Members of the Joint
Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should be
attached to the Application.
(c) Information regarding the role of each Member should be provided as per table
below:
Sl. Name of Member Role* Share of work in the
{Refer Clause Project{Refer Clauses
2.1.11(d)}$ 2.1.11(a), (f) & (g)}
1.
2.
3.
* The role of each Member, as may be determined by the Applicant, should be
indicated in accordance with instruction 4 at Annex-IV.

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

Contractor 56 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

………contd
Appendix IA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14 for each Member
of the Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint Venture been
barred by the Public Works Department, Maharashtra,
or its implementing agencies for the works of
Expressways, State Highways, ISC and El works,
from participating in bidding.
2 If the answer to 1 is yes, does the bar subsist as on BID
due date.

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

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

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

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

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

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

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

Name of the Bidder /Member of JV: __________________________

Sr. Categories of Non-Performer Project 1 Project 2

No.
(i) Fails to set up institutional mechanism and procedure
as per contract.

Contractor 57 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Sr. Categories of Non-Performer Project 1 Project 2

No.
(ii) Fails to mobilize key construction equipment within a
period of 4 months from the Appointed Date;
(iii) Fails to complete or has missed any milestone and
progress not commensurate with contiguous
unencumbered project length/ROW available, even
after lapse of 6 months from respective project
milestone / scheduled completion date, unless
Extension of Time has been allowed on the
recommendations of the Independent Engineer due to
Authority's default or Force Majeure;
(iv) Fails to achieve progress commensurate with funds
released from Escrow Account (Equity + Debt
+Grant) in BOT or HAM project and variation is more
than 25% in the last 365 days
(v) Fails to complete a project, as per revised schedule, for
which One Time Fund Infusion (OTFI) has been
sanctioned by the Authority or relaxations to contract
conditions to improve cash flow solely on account of
Concessionaire’s failure/default;
(vi) Punch List even after lapse of the prescribed time for
completion of such items; Excluding delays
attributable to the Authority.
(vii) Occurrence of minor failure of structure/ highway due
to construction defect wherein no casualties are
reported ( casualties defect include injuries to human
being/ animals;
(viii) Occurrence of major failure of structure/ highway due
to construction defect wherein no casualties are
reported (casualties include injuries to human being/
animals)
(ix) Occurrence of major failure of structure/ highway due
to construction defect leading to loss of human lives
besides loss of reputation etc. of the Authority
(x) Fails to fulfil its obligations to maintain a highway in
a satisfactory condition in spite of two rectification
notices issued in this behalf;
(xi) Fails to complete minor rectifications exceeding 3
instance in a project as per time given to Non

Contractor 58 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Sr. Categories of Non-Performer Project 1 Project 2

No.
Conformity Reports (NCRs) in design/ completed
work / maintenance or reported in inspection report
issued by the Quality inspectors deployed by the
Authority or officers Of the Authority.
(xii) Fails to make premium payments excluding the
current instalment in one or more projects.
(xiii) Damages/ Penalties recommended by the
Independent/ Authority’s Engineer on the Bidder
during O&M period and the remedial works Stll not
taken up.
(xiv) Fails to achieve financial closure in two or more
projects within the given or extended period (which
shall not be more than six months in any case).
(xv) Fails to submit the Performance Security within the
permissible period in more than one project(s).
(xvi) Rated as an unsatisfactory performing entity/ non-
performing entity by an independent third party
agency and so notified on the website of the Authority.
(xvii) Has Failed to perform for the works of Expressways,
State Highways, ISC & EI works in the last 2(two)
years, as evidenced by imposition of a penalty by an
arbitral or judicial authority or a judicial
pronouncement or arbitral award against the Bidder,
including individual or any of its Joint Venture
Member, as the case may be.
(xviii) Has been expelled or the contract terminated by the
Public Works Department, Maharashtra, Maharashtra
State Infrastructure Development Corporation,
Maharashtra, Maharashtra Road Development
Corporation, National Highway Authority of India,
Ministry of Road Transport & Highways, or any other
implementing agencies for breach by such Bidder,
including individual or any of its Joint Venture
Member; Provided that any such decision of expulsion
or termination of contract leading to debarring of the
Bidder from further participation in bids for the
prescribed period should have been ordered after
affording an opportunity of hearing to such party.

Contractor 59 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Sr. Categories of Non-Performer Project 1 Project 2

No.
(xix) Fails to start the works or causes delay in maintenance
& repair/ overlay of the project.

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

Contractor 60 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Annex-II
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant Project Cate- Experience** (Equivalent Rs. crore)$$ Technical
type $
Code* gory Payments received for Value Experience £
of self-
construction of Eligible construction in Eligible
Projects in Categories Projects in Categories
3&4 1 and 2
(1) (2) (3) (4) (5) (6)
Single entity a
Bidder or Lead b
Member c
including other d
members of the e
Joint Venture f
Aggregate Technical Experience =
@
Provide details of only those projects that have been undertaken by the Applicant, or its
Lead member including members in case of joint venture, under its own name separately and/
or by a project company eligible under Clause 2.2.2.6(i)(b). In case of Categories 1 and 2,
include only those projects which have an estimated capital cost exceeding the amount
specified in Clause 2.2.2.6(i)(c) and for Categories 3 and 4, include only those projects where
the payments received exceed the amount specified in Clause 2.2.2.6(ii). In case the Bid Due
Date falls within 3 (three) months of the close of the latest financial year, refer to Clause
2.1.13.

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

$
Refer Clause 2.2.2.5(i)

** Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project. In no
case shall the cost of maintenance and repair, operation of Highways and land be included
while computing the Experience Score of an Eligible Project.
$$
For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**)5 to
a US Dollar.
£
. In the case of an Eligible Project situated in an OECD country, the Experience Score so
arrived at shall be further multiplied by 0.5, in accordance with the provisions of Clause
2.2.2.5(ii) and the product thereof shall be the Experience Score for such Eligible Projects.

5
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the
Reserve Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight) days
prior to the Application Due Date.

Contractor 61 Public Works Division, (North)

Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I shall
be provided separately for other Members so as to establish that each such Member has 20
percent or more of the Threshold Technical Capacity. (Refer Clause 2.2.2.4).

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

Bidder type Annual Construction Turnover Average

Year 1 Year 2 Year 3 Year 4 Year 5 Annual
(Rs.) Updatio (Rs.) Updatio (Rs.) Updatio (Rs.) Updatio (Rs.) Updatio Turnover
n factor n factor n factor n factor n factor (In Rs.
crore$)
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+
6x7+8x9+1
0x11)/5
Single entity 1.00 1.05 1.10 1.15 1.20
Bidder or
Lead
Member
including
other
members of
the Joint
Venture

Name & address of Bidder’s Bankers:

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

Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements and
Annual
Reports for 5 (five) years preceding the Bid Due Date. The financial statements
shall:
(a) reflect the financial situation of the Bidder;
(b) be audited by a statutory auditor;

Contractor 62 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(c) be complete, including all notes to the financial statements; and

(d) correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.

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

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

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

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

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

Contractor 63 Public Works Division, (North)

Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Annex-III-A
ANNEX-III-A
Financial Resources of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore)

Bidder Type: Single entity Bidder or Lead Member including other members of the Joint
Venture

Financial Resources
No. Source of financing Amount (INR equivalent)
1 Working Capital

Liquid Credit Line (must be substantiated by ANNEX –

2
III-C) 6

Total Available Financial Resources

Instructions:
1. The Bidder shall provide an Auditor’s Certificate specifying the working capital of
the Bidder and also specifying the methodology adopted for calculating such working
capital. For clarification purpose, Working Capital means Current Assets minus
Current Liabilities (i.e. Working capital = Current asset – Current Liabilities)
2. Liquid credit lines include Overdraft or CC limits but do not include Bank Guarantee
limits or non-fund based limits.

6
To be considered, Credit Line must be substantiated by a letter from the bank issuing the line of credit,
specific for the subject contract, as prescribed in Form Annexure III-C. Any letter or document not complying
with this requirement shall not be considered as supplementary financial resources.
Contractor 64 Public Works Division, (North)
Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Annex-III-B
ANNEX-III-B
Current Contract Commitments
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore)

Bidders (or each Joint Venture partner) should provide information on their current
commitments on all contracts that have been awarded, or for which a letter of intent or
acceptance has been received, or for contracts approaching completion, but for which an
unqualified, full completion certificate has yet to be issued.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and
provide the Joint Venture Partner’s name:
Joint Venture Partner: ___________________

Current Contract Commitments

Employer’s Contract Outstandin Remaining

Contract Quarterly Financial
Name of Contact Completio g Contract
No. Period in Resources Requirement
Contract (Address, n Value
months (Y) (X / Y) x 3
Tel, Fax) Date (X)a b

Total Quarterly Financial Requirement for Current Contract INR . . . . . . . . . . . . . . . . .

Commitments

a
Remaining outstanding contract values to be calculated from 28 days prior to the bid
submission deadline ($ equivalent based on the foreign exchange rate as of the same
date).
b
Remaining contract period to be calculated from 28 days prior to bid submission
deadline.

*This form is to be certified by the Statutory Auditor of the bidder.

Contractor 65 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Annex-III-C
ANNEX-III-C
Evidence of Availability of Credit Line Financial Resources
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore)

[Each Bidder must fill out this form to demonstrate financial resources comprising
credit line statements or overdraft facilities, as stated in form Annex-III-A]

Project Name:

Bidding Package Name and Identification Number: ……

BANK CERTIFICATE

This is to certify that M/s ...................... is a reputed company with a good financial
standing.

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

___Sd.___
Name of Bank: __________
Senior Bank Manager_____________
Address of the Bank_______________

[In case of Joint Venture, change the text as follows:]

This is to certify that M/s ...................... who has formed a Joint Venture with M/s
...................... and M/s ...................... for participating in this bid, is a reputed company
with a good financial standing.

If the contract for the work, namely...................... is awarded to the above joint
venture, we shall be able to provide overdraft / credit facilities to the extent of
Rs...................... to M/s ...................... to meet their working capital requirements for
executing the above contract.

Contractor 66 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of
Instruction the Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work
executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer,
and/or
(b) revenues appropriated for self-construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information provided in this
section is intended to serve as a back up for information provided in the Application.
Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self-construction for
each Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to be
provided here should indicate the break-up for the past 5 (five) financial years. Year 1
refers to the financial year immediately preceding the Bid Due Date; Year 2 refers to
the year before Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause
2.1.13). For Categories 1 and 2, expenditure on construction of the project by the
Applicant itself should be provided, but only in respect of projects having an estimated
capital cost exceeding the amount specified in Clause 2.2.2.6(i)(c). In case of
Categories 3 and 4, payments received only in respect of construction should be
provided, but only if the amount received exceeds the minimum specified in Clause
2.2.2.6(ii). Receipts for construction works should only include capital expenditure
and should not include expenditure on maintenance & repair and operation of
Highways.
7. In case of projects in Categories 1 and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to

Contractor 67 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

concession, etc.) may be provided. In case of projects in Categories 3 and 4, similar

particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and
2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion,
should be indicated. In case of Categories 3 and 4, date of completion of construction
should be indicated. In the case of projects under construction, the likely date of
completion or commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning
the Eligible Project, held continuously during the period for which Eligible Experience
is claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice.
In other words, no double counting in respect of the same experience shall be permitted
in any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that do not
have statutory auditors, the auditors who audit the annual accounts of the Bidder may
provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a
certificate from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d) :
Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it, this is to
certify that …………………….. (name of the Bidder) is/ was an equity shareholder in
……………….. (title of the project company) and holds/held Rs. ……… cr. (Rupees
………………………….. crore) of equity (which constitutes ……..%€ of the total paid up
and subscribed equity capital) of the project company from …………... (date) to
…………….. (date)¥The project was/is commenced on ………(date) and likely to be
commissioned on ……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr. (Rupees
…………………crore), of which the applicant has itself undertaken the construction of
project of Rs. ………(Rupees ………. Crores) excluding any part of the project for which
any contractor, sub-contractor or other agent was appointed for the purpose of construction
as per Clause 2.2.2.6 (i) (d) by the aforesaid Applicant itself, during the past five financial
years as per year-wise details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)

$
In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary.
£
Refer Clause 2.2.2.5 of the RFP.
 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ or owned the ………….. (name of project)
from ……………….. (date) to ………………… (date).”
Contractor 68 Public Works Division, (North)
Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

14. If the Bidder is claiming experience under Category 3 & 4, as per Clauses 2.2.2.5 and
2.2.2.6(ii) of the RFP, it should provide a certificate from its Statutory Auditor/client/
Engineer-in charge/ Independent Engineer/Authority’s Engineer in the format below:
Certificate regarding construction works
Based on its books of accounts and other published information authenticated by it,
This is to certify that ……………………..(name of the Bidder) was engaged by
………………..(title of the project company) to execute ……………… (name of
project) for …………………. (nature of project). The construction of the project
commenced on …………..(date) and the project was/ is likely to be commissioned on
…………… (date, if any). It is certified that Bidder received payments from its Clients
for Construction Works executed by them or work executed and certified by the
Engineer-in-charge/Independent Engineer/Authority’s Engineer, in the aforesaid
construction works.
We further certify that the total estimated capital cost of the project is Rs. …… cr.
(Rupees …………………crore), of which the Applicant received or has executed the
work as certified by the Engineer-in-charge/Independent Engineer/Authority’s
Engineer Rs. ……… cr. (Rupees ……………………… crore), during the past five
financial years as per year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of the
Applicant who undertook these works as a partner or a member of joint venture.
We further certify that applicant has a share of _____% in the Joint
Venture/Consortium.

(Authorized Signatory)

Date:

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


Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company. However, in case the work
of other member(s) is also executed by the applicant, then this fact should also be certified by the Statutory
Auditor and accordingly the language may be suitably modified.

This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture. This
portion may be omitted if the contract did not involve a partnership/ joint venture. In case where work is not
executed by partnership/ joint venture, this paragraph may be deleted.

Contractor 69 Public Works Division, (North)

Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix IA
Annex-IV-A
ANNEX-IV-A
Construction Experience in Key Activities
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)

Contract with Similar Key Activities

Contract No _______
Contract Identification
of _______

Award Date Completion Date

Total Contract
INR
Amount
If partner in a Joint
Venture or
Subcontractor, specify Percent of Total Amount
participation of total
contract amount

Employer’s name
Address
Telephone number
Fax number
E-mail

Description of the Key Activities in Accordance with Criterion 2.2.2.2(iv) of the RFP

Instructions:
1. Additional Information pertaining to Construction Experience in Key Activities
(refer clause 2.2.2.2(iv))

If the Bidder is claiming experience under Clause 2.2.2.2(iv) of the RFP, it should provide
a certificate from its Client/ Engineer-in charge/ Independent Engineer / Authority’s
Engineer in the format below:
Table 1:
Sr Name Clie Cost of Experien Experien Experien Client Remark
N of nt Project ce in ce in ce in certifica (any
o Proje (update Excavati GSB / PQC te additional
ct d) on WMM works attached informatio
as page n)
no.

Contractor 70 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix IA
Annex-IV-B
ANNEX-IV-B
Form for Proposed Manpower
(Refer to Clause 2.2.2.2 (vi) of the RFP)

Bidder should provide the details of the proposed personnel and their experience record in the
relevant Information Forms below for each candidate:
1. Title of position

Name

2. Title of position

Name

3. Title of position

Name

4. Title of position

Name

5. Title of position

Name

6. Title of position

Name

etc. Title of position

Name

-- Note --
All titles of positions will be as listed in Clause 2.2.2.2(vi) of the RFP.

Contractor 71 Public Works Division, (North)

Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix IA
Annex-IV-C
ANNEX-IV-C
CV Format for Proposed Manpower
(Refer to Clause 2.2.2.2 (vi) of the RFP)

The Bidder shall provide all the information requested below. Use one form for each position.
Position

Personnel Name Date of birth

information

Professional qualifications

Present Name of employer

employment

Address of employer

Telephone Contact (manager / personnel

officer)

Fax E-mail

Job title Years with present employer

Summarize professional experience in reverse chronological order. Indicate particular

technical and managerial experience relevant to the project.
From To Company/Project/Position/Relevant Technical and Management
Experience

Contractor 72 Public Works Division, (North)

Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix IA
Annex-IV-D
ANNEX-IV-D
Form for Equipment/ Machinery
(Refer to Clause 2.2.2.2 (vii) of the RFP)

The Bidder shall provide adequate information and details to demonstrate clearly that it has
the capability to meet the equipment requirements indicated in Clause 2.2.2.2(vii) of the
RFP, using the Forms below. A separate Form shall be prepared for each item of equipment
listed, or for alternative equipment proposed by the Bidder.
Item of Equipment
Equipment Name of manufacturer Model and power rating
Information

Capacity Year of manufacture

Current Current location

Status

Details of current commitments

Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the Bidder.

Owner Name of owner
Address of owner

Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project

Contractor 73 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix IA
Annex-IV-E
ANNEX-IV-E
Format for MOU with Soil Stabilisation Company
(Refer to Clause 2.2.2.2 (v) of the RFP, if applicable)

Agreement (MOU) With Soil Stabilization

Technology Company

AGREEMENT

This Agreement of Soil Stabilization Technology is made and executed on the ____ Day
of__________ Month in Year _______.
BETWEEN
1) M/s______________ PAN No. ____________, a company incorporated and existing under
the India Companies Act 2013, having its registered address at_____________ Phone
No_________ Fax +_____________Cell +___________ (hereinafter referred to as the
"___________")
Party of the First Part
2) M/s__________ PAN No.________ GST No.__________ a company registered under the
provisions of respective acts in force and registered Govt. Contractors, registered in
appropriate class with Government of Maharashtra having their office situated at.__________
(hereinafter referred to as the "") and managed by Shri. who is a director in the above-
mentioned Firm.
Party of the Second Part
Where in the Party of the First Part herein,_______ is the Soil Stabilization Technology
Company executing works of soil stabilization for road works using its using the material as
per the specifications and the approved by the authority_________ is experienced in mix
design, execution & supervision of the soil stabilized layer for MDR, SH & NH.

Whereas Party of the Second Part herein, “ _________” is a registered Government

Contractors as stated in appropriate Class with Government of Maharashtra.

AND Whereas the Party of the Second Part is to submit the following tenders for
E-TENDER NOTICE NO.01 EPC Package No.------- Work details as per following table:
EPC Package No Name Of Work Project Cost

AND whereas the tender condition 2.2.2.2 (v) (b) specifies qualifying criteria that, Bidder
must demonstrate an experience in stabilization in Earthwork/crust for quantity not less
than…............ cubic meter.

AND whereas, the party of the First Part is desirous to provide support by performing the mix
design, execution and supervision, of the soil stabilized layer using the product as per the
specification and approved by the authority, including man power, material and machinery on
charges basis of the Party of the Second Part. And the Party on the Second Part is desirous of
availing these services from_____

AND WHEREAS, to these present, are desirous of recording the terms and of the agreement,
reduce the same to writing

Contractor 74 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

AND whereas______ is enclosing the certificate of quantity & performance, No._______

dated for the Qty, of_______ Cubic Meter issued by the Executive Engineer___________ for
value of stabilization work performed of_______ Lakh

Now therefore this article of agreement witnessed as under.

1) It is hereby agreed between the parties to these presents, that ______will provide material,
mix design, machine including (a) Mobile and self-propelled stabilizer equipment and (b)
Vibratory Roller smooth drum or sheep foot, and all other equipment like motor grader, as
may be required, along with execution of soil stabilization layer with supervision.
2) It is hereby expressly declared by the parties to the presents that the services are mobilized
on and from the date of commencement of the work being awarded or that would be awarded
by the department to the Party of the Second Part as per NIT provisions.
3) It is hereby agreed by and between the parties to these present that instant agreement shall
remain in force till the date of completion of the work and will terminate with time limit of
completion of works in tender mentioned above. This agreement will also terminate if the
tender is awarded to any entity other than party of the Second Part.
4) The party of the First Part has agreed to deploy material, machines, manpower that would
be required good working condition as per NIT provision along with its operational crew and
all the necessary accessories of the machines within eight weeks from the date of intimation
in writing given by the Party of the Second Part to the party of the First Part
5) BOTH parties are agreed to complete the work as per the specification and clauses of the
contract The authority reserves the right to change /replace the agency for the work of first
party if non satisfactory performance and quality is noticed. The decision of authority is final
and binding on both parties who have undersigned the MOU.
In Testimony where of the parties to these presents have set and subscribed their respective
signatures on the day, month and year herein above written.

Party of the First Part Party of the Second Part

Signed Executed Signed Executed
and delivered for and on Behalf of and delivered for and on Behalf of
M/s.____________ M/s.____________
____________________________
___________________________

In Presence of AFFIRMED AND EXECUTED

1)______________________________
2)_______________________

Contractor 75 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix -IA
Annex-V

ANNEX-V
Statement of Legal Capacity

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

Ref. Date:

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

Dear Sir,

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

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

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

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

Contractor 76 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix - IA
Annexure-VI

Information required to evaluate the BID Capacity under clause 2.2.2.1:

To calculate the value of “A” and “C”

1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by the Bidder
during the last 5 years is as follows (the amount of bonus received, if any, shall be
indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net Value
No. undertaken w.r.t. EPC bonus (Rs. excluding
Projects including bonus, if in Crores) bonus (Rs. in
any (Rs. in Crores) Crores)
1 2023-24/2023
2 2022-23/2022
3 2021-22/2021
4 2020-21/2020
5 2019-20/2019

3. Maximum value of projects that have been undertaken during the F.Y. ________ out
of the last 5 years and value excluding amount of bonus thereof is Rs._____Crores
(Rupees__________________________). Further, value updated to the price level of
the year indicated in Appendix is as follows:

Rs. ______ Crores x _____(Updation Factor as per Appendix) = Rs. _______ Crores
(Rupees______________________________________)

4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated to
the price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount of Updation Updated Amount of
No. Year Bonus Factor Bonus (Rs. in
(Rs. in Crores)
Crores)
1 2023-24/2023 1.00
2 2022-23/2022 1.05
3 2021-22/2021 1.10
4 2020-21/2020 1.15
5 2019-20/2019 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of Authorised
Seal of the audit firm: (Signature, name and Signatory
designation and Membership No. of
:
authorised signatory) For and on behalf of ………………(Name of the
Bidder)
Date:
Place:
Contractor 77 Public Works Division, (North)
Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

To calculate the value of “B”

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

Sl. Name Percentage Dater of Construc Value of Value of Balance Anticipat Balance
N of of start / tion contract work value of ed date value of
Projec
o participatio appointe period as as per complete work to of work at
t/Wor
. n of Bidder d date of per Agreeme d be completi 2020-
k in the project Agreeme nt /LOAβ complete on 21/2020
project nt/ LOA d price level
Rs. in Rs. in Rs. in Rs. in Crore
Crore Crore Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x #)

# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 2023-24/2023 1.00
2 2022-23/2022 1.05
3 2021-22/2021 1.10
4 2020-21/2020 1.15
5 2019-20/2019 1.20
The Statement showing the value of all existing commitments, anticipated value of work to
be completed in the period of construction of the project for which bid is invited and ongoing
works as well as the stipulated period of completion remaining for each of the works
mentioned above is verified from the certificate issued that has been countersigned by the
Client or its Engineer-in-charge not below the rank of Executive Engineer or equivalent in
respect of EPC Projects or Concessionaire / Authorised Signatory of SPV in respect of BOT
Projects. No awarded / ongoing works has been left in the aforesaid statement which has been
awarded to M/s………………individually / and other member M/s ……………….. and M/s
………………., as on bid due date of this RFP.
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation of Name of the Statutory Auditor’s firm:
Authorised Signatory Seal of the audit firm: (Signature, name
and designation and Membership No. of
Date:
For and on behalf of ………………(Name authorised signatory)
Place:
of the Bidder)
Date:
Place:

β
In case balance period of construction is less than the value of period of construction of the project for which
bid is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of
work to be completed in the period of construction of the project for which bid is invited is to be mentioned. In
the absence of the anticipated value of work to be completed, the proportionate value shall be considered while
evaluating the Assessed Available Bid Capacity.
Contractor 78 Public Works Division, (North)
Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

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

OFFICE MEMORANDUM

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

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

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

Contractor 79 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix-IA
Annexure-VII
Page-2

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

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

Contractor 80 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix - IA
Annexure-VIII

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

S. Name of Contract Appointed Original Likely Date Reason for

No. the work Price (INR Date Scheduled of Delay#
Cr) Completion Completion
Date
1
2
3
…

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

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

…………………………………………… Name of the Bidder

Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

Date: __________________

Place: __________________

Contractor 81 Public Works Division, (North)

Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

APPENDIX - II
Bank Guarantee for BID Security
(Refer Clauses 2.1.6 and 2.20.1)
B.G. No. Dated:

1. In consideration of you, Public Works Department, Government of Maharashtra through

Chief Engineer, Public Works Region, Nashik, (hereinafter referred to as the “Authority”,
which expression shall unless it be repugnant to the subject or context thereof include its,
successors and assigns) having agreed to receive the BID of …………………… and
having its registered office at ……………………… (and acting on behalf of its JV)
(hereinafter referred to as the “Bidder” which expression shall unless it be repugnant
to the subject or context thereof include its/their executors, administrators, successors
and assigns), for the ………………………. (hereinafter referred to as “the Project”)
pursuant to the RFP Document dated …………… issued in respect of the Project and
other related documents including without limitation the draft contract Agreement
(hereinafter collectively referred to as “Bidding Documents”), we (Name of the Bank)
having our registered office at ………………… and one of its branches at
…………………….. (hereinafter referred to as the “Bank”), at the request of the Bidder,
do hereby in terms of Clause 2.1.6 read with Clause 2.1.7 of the RFP Document,
irrevocably, unconditionally and without reservation guarantee the due and faithful
fulfilment and compliance of the terms and conditions of the Bidding Documents
(including the RFP Document) by the said
Bidder and unconditionally and irrevocably undertake to pay forthwith to the
Authority an amount of Rs. ________ (Rupees in word________) (hereinafter referred to
as the “Guarantee”) as our primary obligation without any demur, reservation,
recourse, contest or protest and without reference to the Bidder if the Bidder shall
fail to fulfil or comply with all or any of the terms and conditions contained in the
said Bidding Documents.

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

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether
the claim of the Authority is disputed by the Bidder or not, merely on the first demand from
the Authority stating that the amount claimed is due to the Authority by reason of failure
of the Bidder to fulfil and comply with the terms and conditions contained in the Bidding
Documents including failure of the said Bidder to keep its BID open during the BID
validity period as set forth in the said Bidding Documents for any reason whatsoever.
Any such demand made on the Bank shall be conclusive as regards amount due and
payable by the Bank under this Guarantee. However, our liability under this Guarantee
shall be restricted to an amount not exceeding of Rs. ________ (Rupees in
word________)

4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one
hundred and eighty) days from the BID Due Date inclusive of a claim period of 60 (sixty)
days or for such extended period as may be mutually agreed between the Authority and the
Bidder, and agreed to by the Bank, and shall continue to be enforceable till all amounts
under this Guarantee have been paid.
Contractor 82 Public Works Division, (North)
Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

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

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

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

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

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

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

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

11. We, the Bank, further undertake not to revoke this Guarantee during its currency

Contractor 83 Public Works Division, (North)

Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

except with the previous express consent of the Authority in writing.

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

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

14. This guarantee shall also be operatable at our……………….. Branch at (District of

Project), 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.

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

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

(Signature of the Authorised Signatory)

(Official-Seal)

Contractor 84 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

APPENDIX-III
Format for Power of Attorney for signing of BID
(Refer Clause 2.1.5)
Know all men by these presents, We…………………………………………….. (name of the
firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint
and authorize Mr./ Ms (name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently
employed with us/ the Lead Member of our Joint Venture and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our BID for the Project
proposed or being developed by the Public Works Region, Nashik (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 ………….
2…..
For …………………………..
(Signature, name, designation and address)
of person authorized by Board Resolution
(in case of Firm/ Company)/ partner in case of
Witnesses: Partnership firm
1.
2.
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney) (Notarised)
Person identified by me/ personally appeared before me/
Attested/ Authenticated*
(*Notary to specify as applicable)
(Signature Name and Address of the Notary)

Seal of the Notary

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

Contractor 85 Public Works Division, (North)

Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

Contractor 86 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

Whereas the Public Works Region, Nashik (“the Authority”) has invited BIDs for the
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon
Umrale Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to
103/700 (the “Project”).

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

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

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

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

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

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

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

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

For …………………….. For …………………….. For

(Signature) (Signature) ……………………..
………………….. ………………….. (Signature)
Contractor 87 Public Works Division, (North)
Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(Name & Title) (Name & Title) …………………..

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

Witnesses:
1.
2.

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

Contractor 88 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

APPENDIX V

Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)

(To be executed on Stamp paper of appropriate value)

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

AMONGST

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

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

AND

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

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

AND

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

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

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

WHEREAS,

(A) Public Works Department, Government of Maharashtra through Chief Engineer,

Public Works Region, Nashik (hereinafter referred to as the “Authority” which
expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns) has invited bids (the Bids”) by its Request for
Proposal No. ………… dated …………(the “RFP”) for award of contract for
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon
Kochargaon Umrale Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road
SH-29 Km 30/800 to 103/700 (the “Project”) through an EPC Contract.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the RFP document and
other bid documents in respect of the Project, and
(C) It is a necessary condition under the RFP document that the members of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with
the Application.

Contractor 89 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

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

2. Joint Venture

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

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

3. Covenants

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

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described
below:

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

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

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

5. Joint and Several Liability

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

6. Share of work in the Project

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

Contractor 90 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

First Party:
Second Party:
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty-one) per
cent of the total length of the project highway and each other member shall perform at
least 20 (Twenty) per cent of the total length of the Project Highway if the Contract is
allocated to the Joint Venture.

7. Representation of the Parties

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

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

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

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

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

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

applicable organisational documents thereof;

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

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

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

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

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

Contractor 91 Public Works Division, (North)

Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

8. Termination

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

9. Miscellaneous

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

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

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.SIGNED,
SEALED AND DELIVERED

For and on behalf of

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

1………………. 2.............................
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of
the Joint Venture Member.
Contractor 92 Public Works Division, (North)
Nashik
 Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalised
by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.

APPENDIX VI

INTEGRITY PACT FORMAT

(To be executed on plain paper and submitted alongwith Technical Bid/Tender documents for
tenders)

This integrity Pact is made at _____ on this _________day of ________20 .

BETWEEN

[Public Works Department, Government of Maharashtra represented by Chief Engineer,

Public Works Region, Nashik],
(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
{ Insert The Name of the Sole Bidder/Lead Partner of Joint Venture}

having its registered office at –

{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 Improvements To Trimbakeshwar Tupadevi Talwade Rohile
Dhondehgaon Kochargaon Umrale Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-
03 road SH-29 Km 30/800 to 103/700 (hereinafter referred to as the “Contract”).

And Whereas the Principal values full compliance with all relevant laws of the land, rules of
land, regulations, economical use of resources and of fairness/ transparency in its relations
with its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).

In order to achieve these goals , the Principal and the above named Bidder(s) and/ or
Contractor(s)/Concessionaire(s)/Consultant(s) enter into this agreement Called ‘ Integrity
Pact’ (hereafter referred to as “Integrity Pact” or “Pact”) which will form a part of the bid .

Contractor 93 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

It is hereby agreed by and between the parties as under:

Section-1: Commitments of the Principal (Public Works Department, Maharashtra)

(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.

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

Consultant(s).
1) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to
take all measures necessary to prevent corruption. He commits himself to observe
the following principles during his participation in the tender process and during
the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or
through any other person or firm, offer, promise or give to any of the Principal’s
employees involved in the tender process or the execution of the contract or to any
third person any material or other benefit which he/she is not legally entitled to, in
order to obtain in exchange any advantage of any kind whatsoever during the tender
process or during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with
other Bidders into any undisclosed agreement or understanding, whether formal or
informal. This applies in particular to prices, specifications, certifications, subsidiary
contract, submission or non-submission or bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for

Contractor 94 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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 involved
directly 0r indirectly in the Bidding.
(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 and/or with the execution of the project.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not misrepresent
facts or furnish false/forged documents/information’s in order to influence the bidding
process or the execution of the contact to the detriment of the Principal .
2) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate
third person to commit offences outlined above or be in accessory to such
offences.

Section - 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 on any ground, including the

Contractor 95 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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 take action as per 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.
Contractor 96 Public Works Division, (North)
Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(3) The Principal will disqualify from the tender process all Bidders who do not sign this
Pact or violate its provisions.

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

Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a
Bidder/ Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed _______ as Independent External Monitor (herein after
referred to as “Monitor”) for this Pact. The task of the Monitor is to review
independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chief Engineer,
Public Works Region, Nashik.
(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 Chief Engineer, Public Works Region,
Nashik, 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 Chief Engineer, Public Works Region, Nashik, a
substantiated suspicion of an offence under relevant IPC/PC Act, and the Chief
Engineer, Public Works Region, Nashik, 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.

Contractor 97 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

(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
Chief Engineer, Public Works Region, Nashik.

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. Mumbai.
(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}

Contractor 98 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

WHEREAS________________________________________[name and address of

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

AND WHEREAS the Contract requires the Contractor to furnish an {Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under
and in accordance with the Contract, during the {Construction Period/ Defects Liability
Period and Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the
“Guarantee Amount”7).
AND WHEREAS we, ………………….. through our branch at …………………. (the
“Bank”) have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by
way of Performance Security.

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

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

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

7
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.
Contractor 99 Public Works Division, (North)
Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

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

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

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

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

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

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

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

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

10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been duly
authorized to receive such notice and to effect payment thereof forthwith, and if sent by post

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

Contractor 100 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

it shall be deemed to have been given at the time when it ought to have been delivered in due
course of post and in proving such notice, when given by post, it shall be sufficient to prove
that the envelope containing the notice was posted and a certificate signed by an officer of the
Authority that the envelope was so posted shall be conclusive.

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

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

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

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

Contractor 101 Public Works Division, (North)

Nashik
Improvements To Trimbakeshwar Tupadevi Talwade Rohile Dhondehgaon Kochargaon Umrale
Dindori Palkhed Lokhandewadi Jopul Pimpalgaon NH-03 road SH-29 Km 30/800 to 103/700

Appendix-VIII

(See Clauses 3.3.4)

Format of LOA

No.________________________ Dated:

To,

{Name of selected Bidder}

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

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

Sir,

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

1. You are requested to return a duplicate of the LOA as an acknowledgement and sign the
Contract Agreement within the period prescribed in Clause 1.3 of the RFP.

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

…………………. {and Additional Performance Security for an amount of
……………………….} as per Clause 2.21 of the RFP within 30 (thirty) days of receipt
of this Letter of Acceptance (LOA). In case of delay in submission of Performance
Security and Additional Performance Security, if any, you may seek extension of time
for a period not exceeding 60 (Sixty) days in accordance with Clause 2.21 of RFP.

3. In case of failure of submission of Performance Security, Additional Performance

Security (if any) and Security against Damages (if any) within the additional 60 (Sixty)
days time period, the award shall be deemed to be cancelled and action shall be initiated
by the Authority as per Clause 2.21 of the RFP.

Accepted by

Chief Engineer,
Name of the Authorised Person, Public Works Region,
Name of the bidder Nashik

Contractor 102 Public Works Division, (North)

Nashik