Request for Proposal

For

CONSTRUCTION OF 5 NO’S FOOT OVER BRIDGES

(FOBS) AT KM.92+830, 110+200, 113+200, 118+350 &
122+270 ON YADGIRI-WARANGAL SECTION OF NH-163
IN THE STATE OF TELANGANA ON EPC MODE.

on

Engineering, Procurement & Construction

(EPC) Mode

National Highways Authority of India

(NHAI)

February-2025
National Highways Authority of India Request for Proposal

TABLE OF CONTENTS

S. No. Contents Page No.

Notice inviting RFP 4
Disclaimer 6
Glossary 8
1 Introduction 9
1.1 Background 9
1.2 Brief description of Bidding Process 10
1.3 Schedule of Bidding Process 13
2 Instructions to Bidders 14
A General 14
2.1 General terms of Bidding 14
2.2 Eligibility and qualification requirement of Bidder 20
2.3 Proprietary Data 30
2.4 Cost of Bidding 30
2.5 Site visit and verification of information 30
2.6 Verification and Disqualification 31
B Documents 33
2.7 Contents of the RFP 33
2.8 Clarifications 33
2.9 Amendment of RFP 34
C Preparation and Submission of BIDs 34
2.1 Format and Signing of BID 34
2.1
0 Documents comprising Technical & financial BID 34
2.1
1 BID Due Date 37
2.1
2 Late BIDs 37
2.1
3 Procedure of e-tendering 37
2.1
4 Online opening of Bids 39
2.1
5 Rejection of BIDs 39
2.1
6 Validity of BIDs 39
2.1
7 Confidentiality 39
2.1
8 Correspondence with the Bidder 39
9
D BID Security 40
2.2 BID Security 40
0 Performance Security 41
2.2
1

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

3 Evaluation of Technical and Opening & Evaluation of 43

financial Bids
3.1 Evaluation of Technical BIDs 43
3.2 Opening and Evaluation of financial Bids 44
3.3 Selection of Bidder 44
3.4 Contacts during BID Evaluation 45
3.5 Correspondence with the Bidder 45
4 Fraud and Corrupt Practices 47
5 Pre-BID Conference 48
6 Miscellaneous 49
Appendices
IA Letter comprising the Technical BID 50
IB Letter comprising the Financial BID 54
II Bank Guarantee for Bid Security 71
III Format for Power of Attorney for signing of BID 74
IV Format for Power of Attorney for Lead Member of Joint Venture 76
V Format for Joint Bidding Agreement for Joint Venture 78
VI Integrity Pact Format 83
VII Form of Bank Guarantee (For Performance Security) 90
VIII Format of LOA 93
IX Certificate regarding Compliance 94
X Surety Bond for Bid Security 95
XI Form of Surety Bond (Perf. Security/Addl. Perf. Security) 96
Annexure of Appendix 1A
I Details of Bidder 56
II Technical Capacity of the Bidder 59
III Financial Capacity of the Bidder 60
IV Details of Eligible Project 62
V Statement of legal capacity 65
VI Information required to Evaluate the Bid capacity 66
VII Guidelines of the Department of Disinvestment 68
VIII Details of ongoing Works 70

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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 National Highways Authority of India Request for Proposal

NATIONAL HIGHWAYS AUTHORITY OF INDIA

REGIONAL OFFICE - HYDERABAD

NOTICE INVITING BID

NHAI/RO-HYD/NH-163/Yad-War/FOBs/2025/03 Date:31.01.2025

RFP for Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200,
113+200, 118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the state of
Telangana on EPC mode.

The Ministry of Road Transport & Highways through National Highways Authority of India is
engaged in the development of National Highways and as part of this endeavour, it has been
decided to undertake Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830,
110+200, 113+200, 118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the
state of Telangana on EPC mode.
The National Highways Authority of India represented by its Chairman now invites bids from
eligible contractors for the following project:

Estimated cost
(including
Mainten
NH ICB Utility Shifting Completion
State Name of work ance
No. No. but excluding period
period
GST)
(in Rs.)
NHAI/
RO-
HYD/ Construction of 5 no’s Foot
NH- Over Bridges (FOBs) at
Km.92+830, 110+200,
NH- 163/
Telangana 113+200, 118+350 & 122+270 7,31,45,188/- 12 Months 5 Years
163 Yad- on Yadgiri-Warangal section
War/ of NH-163 in the state of
FOBs/ Telangana on EPC mode
2025/0
3

The complete BID document can be viewed/ downloaded from official portal of the NHAI
http://nhai.gov.in or the CPPP website http://etenders.gov.in from 31.01.2025 to 03.03.2025
(up to 17:00 Hrs. IST). Bidder must submit its Technical Bid and Financial bid at
http://etenders.gov.in on or before 03.03.2025 (up to 17:00 Hrs. IST). Bids received online
shall be opened on 04.03.2025 (at 17:00 Hrs. IST).

Bid through any other mode shall not be entertained. However, Bid Security, POA for signing
the Bid, POA for lead member of JV, if any, JBA for JV, if any, Integrity Pact, and experience
certificates apostle at foreign origin, if any and other documents specified in clause 2.11.2 of
RFP shall be submitted physically in original by the Lowest Bidder before issuance of Letter
of Acceptance (LOA) by the Authority. However, while submitting Bid Security via Account
Payee demand draft or Banker’s Cheque, it is to be ensured by the Bidder that Account Payee
demand draft or Banker’s Cheque are submitted physically latest within 5 working days of the
Bid Due Date (upto 17:00 hours). Please note that the National Highways Authority of India
reserves the right to accept or reject all or any of the BIDs without assigning any reason
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal
whatsoever.

Officer In-charge:
Regional Officer-Hyderabad,
National Highways Authority of India,
D.No.8-2-269/S/94, Plot No.94, Road No.2,
Sagar Society, Banjara Hills, Hyderabad – 500034,
Telangana.
(Tel:040 – 29562147/48)
Email: [email protected] , [email protected]

Sd/-
REGIONAL OFFICER
NHAI, RO-HYDERABAD

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

DISCLAIMER

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

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

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

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

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

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

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

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.

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

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 India
Joint Venture As defined in Clause 2.2.1
Jt. Bidding Agreement As defined in Clause 2.1.11(f)
Lead Member As defined in Clause 2.1.11 (c)
Lowest Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.9 (ii)
Performance Security As defined in Clause 2.21.1
Additional Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.2 (i)
Tie BIDs As defined in Clause 3.3.2
Threshold Technical Capacity As defined in Clause 2.2.2.2 (i)

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

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

NATIONAL HIGHWAYS AUTHORITY OF INDIA

SECTION 1

INTRODUCTION
1.1 Background

1.1.1 The National Highways Authority of India represented by Chairman (the

“Authority”) is engaged in the development of National Highways and as part of this
endeavour, the Authority has decided to undertake the Construction of 5 no’s Foot Over
Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on Yadgiri-
Warangal section of NH-163 in the state of Telangana on EPC mode . (the “Project”)
through an Engineering, Procurement and Construction (the “EPC”) Contract, and has
decided to carry out the bidding process for selection of a Bidder to whom the Project
may be awarded. A brief description of the project may be seen in the Information
Memorandum of the Project at the CPPP website http://etenders.gov.in. Brief
particulars of the Project are as follows:

Estimated
Project Cost Time
National
Length in (including Utility Period for
Highway Name of the Work
Km Shifting but completion
No.
excluding GST) of work
(In Rs.)

Construction of 5 no’s Foot

Over Bridges (FOBs) at
Km.92+830, 110+200, 113+200,
163 118+350 & 122+270 on - 7,31,45,188/- 12 months
Yadgiri-Warangal section of
NH-163 in the state of
Telangana on EPC mode

1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing,
engineering, procurement and construction of the Project under and in accordance with
the provisions of an engineering, procurement and construction contract (the “EPC
Contract”) to be entered into between the Contractor and the Authority in the form
provided by the Authority as part of the Bidding Documents pursuant hereto. The
Contractor shall also be responsible for the maintenance of the project during the
Defect Liability Period.
The scope of work will broadly include Construction of 5 no’s Foot Over Bridges
(FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on Yadgiri-
Warangal section of NH-163 in the state of Telangana on EPC mode. on EPC
mode and maintenance of the Project during the Defect Liability Period, which shall be
5 years.

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specified
in the clause 1.1.1 above, which is exclusive of Goods and Services Tax (GST). 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”).

1.1.6 Data Lake Portal

a) The Selected Bidder shall use the Link ‘Data Lake Portal’ available on NHAI website
nhai.gov.in to communicate with Independent Engineer and NHAI for all contractual
correspondence.
b) No Physical document shall be accepted unless and until the same is specifically
stated so in the RFP or it is a legal requirement.

1.2 Brief description of Bidding Process

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

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

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

1.2.3 The complete Bidding Documents including the draft Agreement for the Project is
enclosed for the Bidders. The Feasibility Report/ Detailed Project Report prepared by
the Authority/ consultants of the Authority (the "Feasibility Report/ Detailed Project
Report") is also enclosed. The Feasibility Report/ Detailed Project Report of the
Project is being provided only as a preliminary reference document by way of
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

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

1.2.4 A Bidder is required to submit, along with its BID, a BID Security of
Rs.7,31,500/- (the “Bid Security”), refundable not later than 150 (One hundred &
fifty) days from the BID Due Date, except in the case of the Selected Bidder whose
BID Security shall be retained till it has provided a Performance Security and
Additional Performance Security (if any) as per the provision of this RFP and LOA.
Bid security shall be submitted in the form of Insurance Surety Bond, Account
Payee Demand Draft, Fixed Deposit Receipt, Banker’s Cheque or Bank Guarantee
(including e-Bank Guarantee). The Insurance Surety Bond shall be verified from
the specific portal created for this purpose. The e-Bank Guarantee shall be
transmitted through SFMS Gateway to NHAI’s Bank. The Bidders shall also make
online payment towards cost of tender document of Rs. 10,000/- (Rupees Ten thousand
only) in Authority’s designated bank account and also upload online payment receipt of
the same. Details of designated bank account are as under:

S. No. Particulars Details

1. Name of Beneficiary National Highways Authority of India
2. Name of Bank Canara Bank
3. Account No. 0798201001991
4. IFSC Code CNRB0013008

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"), which is exclusive of Goods
and Services Tax (GST). The total time allowed for completion of construction under
the Agreement (the “Construction Period”) and the period during which the
Contractor shall be liable for maintenance and rectification of any defect or deficiency
in the Project after completion of the Construction Period (the “Defect Liability
Period”) shall be pre-determined, and are specified in the draft Agreement forming
part of the Bidding Documents.

In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the
lowest BID price.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest Bidder
fails to submit the originals Bid Security, POA for signing the Bid, POA for lead
member of JV, if any, JBA for JV, if any, Integrity Pact, and experience certificates
apostle at foreign origin, if any and other documents specified in clause 2.11.2 or
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

withdraws or is not selected for whatsoever reason except the reason mentioned in
Clause 2.1.12 (b) (4) & Clause 3.3.1, the Authority shall annul the Bidding Process and
invite fresh BIDs.

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

1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted by e-mail to the officer designated in Clause 2.11.4 below with
identification/ title: "Queries/ Request for Additional Information: RFP for
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200,
118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the state of Telangana on
EPC mode.- Project".

1.2.10 A Bidder is required to submit, along with its technical BID, a self- certification that
the item offered meets the local content requirement for ‘Class – I local Supplier’ /
‘Class – II local Supplier’, as the case may be. The self-certification shall also have
details of the location(s) at which the local value addition is made. In case, bidder
has not submitted the aforesaid certification the bidder will be treated as ‘Non-
Local Supplier’.

In the above pretext, the Class – I Local Supplier, Class – II Local Supplier and the
Non Local Supplier are defined as under:

(i) ‘Class – I local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for ‘Class – I local Supplier’ under this RFP. The ‘local content’
requirement to categorize a supplier as ‘Class – I local Supplier’ is minimum 50%.

(ii) ‘Class – II local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for ‘Class – II local Supplier’ under this RFP. The ‘local content’
requirement to categorize a supplier as ‘Class – II local Supplier’ is minimum 20%.

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

(iv) ‘Local content’ means the amount of value added in India which shall be the
total value of item procured (excluding net domestic indirect taxes) minus the value
of imported content in the item (including all customs duties) as a proportion of the
total value, in percent

In case of procurement for a value in excess of Rs. 10 Crores, the ‘Class – I local
supplier’ / ‘Class – II local supplier’ shall provide a certificate from the statutory
auditor or cost auditor of the company (in case of companies) or from a practicing
cost accountant or practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content.

1.3 Schedule of Bidding Process

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

The Authority shall endeavour to adhere to the following schedule:

Sl. No. Event Description Date
1. Invitation of RFP (NIT) 31.01.2025
2. Last date for receiving queries 15.02.2025
3. Pre-BID meeting at venue 2.11.4 (i) NA
4. Authority response to queries latest by 21.02.2025
5. Last date of Request for BID Document 03.03.2025 up to 17:00 Hrs IST
6. BID Due Date 03.03.2025 up to 17:00 Hrs IST
7. Physical Submission of original Bid Security, By Lowest Bidder before issue of
POA for signing the Bid, POA for lead LOA by the Authority
member of JV, if any, JBA for JV, if any,
Integrity Pact, and experience certificates
apostle at foreign origin, if any
8. Opening of Technical BIDs at venue 2.11.4 (i) 04.03.2025 at 17:00 Hrs IST
9. Declaration of eligible/ qualified Bidders To be notified
10. Opening of Financial BID To be notified
11. Physical Submission of documents To be notified
mentioned in clause 2.11.2
12. Letter of Acceptance (LOA) To be notified
13. Return of signed duplicate copy of LOA Within 7 days of issuance of LOA
14. Validity of BID 120 days from BID Due Date
15. Submission of Performance Security (PS) Within 30 days of receipt of LOA.
and Additional Performance Security (APS), (The bidder has the option to
if any provide 50% of PS and APS, if any
within 30 days of receipt of LOA
and the remaining PS and APS, if
any to be provided within 30 days
of signing of agreement)
16. Signing of Agreement Within 10 days from the receipt of
50% of Performance Security and
50% of Additional Performance
Security, if any

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

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 apostle by appropriate authority and
requirement of Indian Stamp Act is duly fulfilled.

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” (including the terms ‘tendered’, ‘consultant’ or ‘service provider’ in

certain contexts) means any person or firm or company, including any member of a
consortium or joint venture (that is an association of several persons or firms or
companies), every artificial juridical person not falling in any of the descriptions of
bidders stated hereinbefore, including any agency branch or office controlled by such
person, participating in a procurement process.

III. “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
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.

IV. Beneficial owner for the purpose of (III) 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.

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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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.

V. An Agent is a person employed to do any act for another, or to represent another in

dealings with third person.

VI.The Selected Bidder/ Concessionaire 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 III above.

Certificate regarding Compliance:

A certificate shall be required to be submitted by the bidders in the format prescribed

at Appendix-IX.

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
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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National Highways Authority of India Request for Proposal

acceptance, registration shall not be a relevant consideration during contract execution.

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 on NHAI’s E-Tendering
portal. Lowest Bidder shall be required to submit original Power of Attorney before
issue of LOA by the Authority.

2.1.6 In case the Bidder is a Joint Venture, the Members thereof should upload on NHAI’s
E-Tendering portal, 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. Lowest
Bidder shall be required to submit original Power of Attorney in Favour of the Lead
Member and original Joint Bidding Agreement before issue of LOA by the
Authority.

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

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

2.1.9 This RFP is not transferable.

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

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

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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National Highways Authority of India Request for Proposal

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

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

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

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

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

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

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

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

(h) No Joint Venture up to Estimate Project Cost of Rs. 100 crores (One Hundred
Crores).

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 theL-1 Bidder or its
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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National Highways Authority of India Request for Proposal

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.

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

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

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

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

2.1.14 The Bidder, including an individual or any of its Joint Venture member, should not be
a non-performing party on the bid submission date. The Bidder, including any Joint
Venture Member, shall be deemed to be a non-performing party 1 (not applicable to

1
Sub- clauses (i) to (xi) under this Clause would be applicable only when the Contractor attracts these defaults on
the bid submission date. The day the Contractor cures the said defaults and becomes compliant, he would be
eligible to participate in bids received after such date.
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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National Highways Authority of India Request for Proposal

the project whose contract is terminated by the Authority) if it attracts any or more of
the following parameters:

(i) Fails to complete or has missed more than two milestones in already awarded
two or more projects, even after lapse of 6 months from the scheduled
completion date, unless Extension of Time has been allowed on the
recommendations of the Independent Engineer due to Authority's default;

(ii) Fails to complete a project, as per revised schedule, for which One Time Fund
Infusion (OTFI) has been sanctioned by the Authority;

(iii) Physical progress on any project is not commensurate with the funds released
(equity+debt+grant) from the escrow account and such variation is more than
25% in last one year as observed by the Independent Engineer in one or more
projects;

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

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

inspite of two rectification notices issued in this behalf;

(vi) Fails to attend to Non Conformity Reports (NCRs) issued by the Independent/
Authority’s Engineer on the designs/ works constructed by the Bidder pending
for more than one year in two or more projects.

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

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

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

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

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

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

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

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

(xiii) Has been expelled or the contract terminated by the Ministry of Road
Transport & Highways or its implementing agencies for breach by such
Bidder, including individual or any of its Joint Venture Member; Provided
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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National Highways Authority of India Request for Proposal

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.

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

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

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

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

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

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

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
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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National Highways Authority of India Request for Proposal

disqualified and liable for forfeiture of the BID Security or Performance Security
as the case may be. A Bidder shall be deemed to have a Conflict of Interest
affecting the Bidding Process, if:

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

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

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

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

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

(vi) such Bidder, or any of its Joint Venture Member thereof has participated as
a consultant to the Authority in the preparation of any documents, design or
technical specifications of the Project.
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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(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 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” (including the terms ‘tendered’, ‘consultant’ or ‘service provider’

in certain contexts) means any person or firm or company, including any
member of a consortium or joint venture (that is an association of several
persons or firms or companies), every artificial juridical person not falling
in any of the descriptions of bidders stated hereinbefore, including any
agency branch or office controlled by such person, participating in a
procurement process.

(iii) “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
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.

(iv) Beneficial owner for the purpose of (III) above means:

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

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

Explanation:

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

to more than twenty-five per cent of shares or capital or profits of the
company.
b) “Control” shall include the right to appoint majority of the directors
or to control the management or policy decisions including by virtue of
their shareholding or management rights or shareholding agreements or
voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural

person(s) who, whether acting alone or together, or through one or one
or more juridical person: has ownership of entitlement to more than
fifteen percent of capital or profits of the partnership;
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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National Highways Authority of India Request for Proposal

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.

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

another in dealings with third person.

(vi) The Selected Bidder/ Contractor 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 2.2.1 (d) (iii) above.

Certificate regarding Compliance:

A certificate shall be required to be submitted by the bidders in the format

prescribed at Appendix-IX.

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 issuance of Letter of Acceptance and execution of Contract
Agreement, under clause 3.3.4 and 3.3.5 of the RFP. If the Bidder was validly
registered at the time of issuance of Letter of Acceptance and execution of
Contract Agreement, under clause 3.3.4 and 3.3.5 of the RFP, registration shall
not be a relevant consideration during contract execution. It may be noted that in
case the above certification/registration is found to false, this would be a ground
for immediate rejection of Bid/termination and further legal action in accordance
with law.

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
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National Highways Authority of India Request for Proposal

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

Assessed Available BID capacity = (AxNx2.5 – B + C), Where

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

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

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

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

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

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

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

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

3. The factor for the year for updation to the price level is indicated as under:
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation 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.

2.2.2.2 Technical Capacity

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

Capacity”), the Bidder shall, over the past 5 (five) financial years preceding
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the Bid Due Date, have received payments for construction of Eligible
Project(s), or has undertaken construction works by itself in a PPP project,
such that the sum total thereof, as further adjusted in accordance with clause
2.2.2.5 (i) & (ii), is more than Rs.5.49 Crore (Rupees Five Crore and Forty-
Nine Lakhs only) (the “Threshold Technical Capacity”).

(ii) For normal Highway projects (including Major Bridges/ ROB/ Flyovers/
Tunnels):

Provided that at least one similar work of 20% of Estimated Project Cost
Rs.1.46 Crore (Rupees One Crore Forty-Six Lakhs only) shall have been
completed from the Eligible Projects in Category 1 and/or Category 3
specified in Clause 2.2.2.5. For this purpose, a project shall be considered to
be completed, if more than 90% of the value of work has been completed and
such completed value of work is equal to or more than 20% of the estimated
project cost. Eligible projects shall include following:

(a) Widening/ reconstruction/ up-gradation works on NH/ SH/ Expressway or

on any category of road taken up under CRF, ISC/ EI, SARDP, LWE
(b) Widening/ reconstruction/ up-gradation works on MDRs with loan
assistance from multilateral agencies or on BOT basis
(c) Widening/ reconstruction/ up-gradation work of roads in Municipal
corporation limits, construction of Bypasses
(d) Construction of stand-alone bridges, ROBs/FOBs, tunnels
(e) Construction/ reconstruction of linear projects like airport runways,
railways (construction/ re-construction of railway tracks, yards for keeping
containers etc.) metro rail and ports (including construction/ re-
construction of Jetties)
If any Major Bridge/ROB/Flyover/Tunnel is (are) part of the project, then the
Bidder shall necessarily demonstrate additional experience in construction of
Major Bridge/ ROBs/ Flyovers/ Tunnel in the last 10 (Ten) financial years
preceding the Bid Due date i.e., shall have completed at least one similar Major
Bridge/ ROB/ Flyover/ Tunnel of following sizes:

(a) In case, longest span of Bridge/ROB/flyover is less than or equal to 60m,

no additional qualification is required.
(b) When longest span is more than 60 m: 50% of the longest span or 100 m,
whichever is less, of the structure proposed in this project.
(c) In case Tunnel is a part of project having length less than or equal to
200m, then no additional qualification is required.
(d) 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 2km, whichever is less. For the purpose of this requirement,
tunnel may have single/ twin tubes for roads/ railways/ metro rail/
irrigation/ hydroelectricity projects etc.
(iii) Deleted

(iv) The updation factor to update the price of the eligible projects for the year
indicated in table below:
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National Highways Authority of India Request for Proposal

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

Up-dation factor 1.00 1.05 1.10 1.15 1.20

2.2.2.3 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of
Rs. 0.37 Crore (Rupees Thirty-Seven lakhs only) at the close of the preceding
financial year.

(ii) The Bidder shall have a minimum Average Annual Turnover (updated to the
price level of the year based on factors indicated in table below) of Rs.1.10 Crore
(Rupees One Crore and Ten lakhs only) for the last 5 (five) financial years.
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation factor 1.00 1.05 1.10 1.15 1.20

2.2.2.4 In case of a Joint Venture:

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

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

2.2.2.5 Categories and factors for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 2.2.2 the following categories of

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

Category Project / Construction experience on Eligible 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
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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
(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,
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. 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 similar
completed works 2.2.2.2 (ii) and 2.2.2.2 (iii). However, such work shall be
considered for similar completed works 2.2.2.2 (ii) in case of Maintenance
works to be taken up on EPC mode.

(vii) In case both the estimated cost of project and revised cost of project are
provided, the revised cost of project shall be considered for evaluation.
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2.2.2.6 Eligible Experience on Eligible Projects in respect of each category:

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

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO,
BOOT or other similar basis for providing its output or services to a
public sector entity or for providing non-discriminatory access to users in
pursuance of its charter, concession or contract, as the case may be. For
the avoidance of doubt, a project which constitutes a natural monopoly
such as an airport or port should normally be included in this category
even if it is not based on a long-term agreement with a public entity;
(b) the entity claiming experience should have held, in the company owning
the Eligible Project, a minimum of 26% (twenty six per cent) equity
during the entire year for which Eligible Experience is being claimed;
(c) the capital cost of the project should be more than 5% 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. 0.37 Crore
(Rupees Thirty-Seven lakhs 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.
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(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 of Appendix-IA.

(iv)The Bidder shall update details of Experience (ongoing and completed

projects) on the Bidder Information Management System (BIMS)
https://.bims.gov.in on a regular basis. The details of Eligible Experience for
the last 5 financial years, necessary information relating to Technical Capacity
and Project Specific Information shall be taken from the information uploaded
on BIMS

2.2.2.8 Submission in support of Financial capacity

(i) The Technical Bid must be accompanied by the Audited Annual Reports
of the Bidder (of each Member in case of a Joint Venture) for the last 5 (five)
financial years, preceding the year in which the bid is submitted. The Bidder shall
also upload financial details along with supporting financial documents (E.g.,
Audited Annual Reports) on BIMS portal on a regular basis.

(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. The Bidder shall also
upload on BIMS an undertaking to this effect on BIMS portal. 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. The bidder shall
also upload the relevant details on BIMS portal.

2.2.2.9 The Bidder shall enclose with its Technical Bid, to be uploaded on e – tendering
and BIMS portal 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

$$
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.

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

2.4 Cost of Bidding

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

2.5 Site visit and verification of information

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

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

(a) made a complete and careful examination of the Bidding Documents, Schedules
annexed to EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information provided in
the Bidding Documents or furnished by or on behalf of the Authority relating to
any of the matters referred to in 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
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informed BID, execution of the Project in accordance with the Bidding

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

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

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 there under.

2.6.2 The Authority reserves the right to reject any BID and appropriate the BID
Security if:
(a) at any time, a material misrepresentation is made or uncovered, or
(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the BID.

Such misrepresentation/ improper response shall lead to the disqualification and

suspension of the Bidder from participating in the tendering process for the works of
MoRTH/ NHAI/ NHIDCL and works under centrally sponsored schemes, for a period.
If the Bidder is a Joint Venture, then the entire Joint Venture and each Member of
the Joint Venture may be disqualified/ rejected and suspended. If such
disqualification/rejection/suspension occurs after the BIDs have been opened and the
lowest Bidder gets disqualified / rejected/Suspended, 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
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National Highways Authority of India Request for Proposal

the Selected Bidder or the Contractor. In such an event, the Authority shall be
entitled to forfeit and appropriate the BID Security or Performance Security, as the
case may be, as Damages, without prejudice to any other right or remedy that may
be available to the Authority under the Bidding Documents and / or the Agreement,
or otherwise.

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

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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 VII
IB. Letter comprising the Financial BID
II. Bank Guarantee for BID Security
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA

Part –II
Agreement Document with schedules

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

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

2.8 Clarifications

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

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

to any question or to provide any clarification.

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

2.9 Amendment of RFP

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

2.9.2 Any Addendum issued hereunder will be hosted on the NHAI’s website
(www.nhai.gov.in), NHAI’s e-Tendering Portal (https://etenders.gov.in).

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 on
NHAI’s e-Tendering Portal (https://etenders.gov.in) and complete in all respects.
However, Bid Security, POA for signing the Bid, POA for lead member of JV, if
any, Joint Bidding Agreement for JV, if any, Integrity Pact, and experience
certificates apostle at foreign origin, if any shall be submitted physically in original
by the Lowest Bidder before issue of LOA by the Authority. However, while
submitting Bid Security via Account Payee demand draft or Banker’s Cheque are
submitted physically latest within 5 working days of the Bid Due Date (Up to 11:00
Hrs.). Lowest Bidder (including individual or any of its Joint Venture Members)
failing to submit the original documents required as per above shall be
unconditionally debarred from bidding in NHAI projects for a period of 5 years.

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

2.11 Documents comprising Technical and Financial BID

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

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National Highways Authority of India Request for Proposal

The Bidder shall then apply for the RFP on the CPPP website http://etenders.gov.in by
submitting the documents mentioned below along with the supporting documents
which shall comprise of the Technical BID on NHAI’s e-tendering portal on the CPPP
portal:

Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-VI
and supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the
format at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(e) Deleted
(f) BID Security of Rs.7,31,500/- in the form of Insurance Surety Bond (in the
format at Appendix – X issued by Insurance Company authorized by Insurance
Regulatory and Development Authority of India), Account Payee Demand
Draft, Fixed Deposit Receipt, Banker’s Cheque or Bank Guarantee (including
e-Bank Guarantee) in the format at Appendix-II from a Scheduled bank;
(g) Copy of Online payment of Rs.10,000/- (Rupees Ten thousand only) for cost of
Bid document to “National Highways Authority of India” Hyderabad at its
designated Bank i.e. Canara Bank, Account No. 0798201001991 and IFSC
Code: CNRB0013008.;
(h) Deleted;
(i) Bidder shall comply with the provisions of NHAI/Policy
Guidelines/Vigilance/2020 Policy Circular No. 5. 8 dated 29 thDecember 2020
issued by NHAI and its subsequent amendments if any, issued by
NHAI/MoRT&H (Appendix-VI) regarding Integrity Pact (IP) and the Integrity
Pact (IP) duly signed by Authorized signatory shall be submitted by the Bidder
with the RFP Bid & shall be part of the Contract Agreement;
(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 NHAI and
amendments uploaded, if any;
(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; and
(n) Copy of originals of experience certificate apostle at foreign origin, if any
(o) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs) as per format given in Appendix-IX shall be
submitted by the Bidder with the RFP Bid duly signed by Authorized signatory &
shall be part of the Contract Agreement.

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

Financial Bid

(p) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online
through e-procurement portal http://etenders.gov.in on or before 17:00 Hrs IST
on 03.03.2025.
(q) Self- certification by the Bidder that its Bid meets the Local Content
requirement for ‘Class – I Local supplier’/ ‘Class – II Local supplier’, as the
case may be. The Self-certification shall also have details of the location(s) at
which the local value addition is made. In case, bidder do not submit the
aforesaid Certification, the bidder will be summarily treated as ‘Non Local
Supplier’.
In case of procurement for a value in excess of Rs. 10 crores, the ‘Class – I
Local supplier’ / ‘Class – II Local supplier’ shall have to provide a Certificate
from the Statutory Auditor or Cost Auditor of the Company (in case of
Companies) or from a practicing Cost Accountant or practicing Chartered
Accountant (in respect of Suppliers other than Companies) giving the
percentage of Local Content upon Construction of the Project

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

(a) Original Power of Attorney for signing the BID as per format at Appendix-III;
(b) if applicable, Original Power of Attorney for Lead Member of Joint Venture as
per the format at Appendix-IV;
(c) If applicable, Original Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
(d) BID Security of Rs. 7,31,500/- in the form of Insurance Surety Bond (in the
format at Appendix – X issued by Insurance Company authorized by Insurance
Regulatory and Development Authority of India), Account Payee Demand
Draft, Fixed Deposit Receipt, Banker’s Cheque or Bank Guarantee (including
e-Bank Guarantee) in the format at Appendix-II from a Scheduled bank;
(e) Deleted
(f) Deleted;
(g) Bidder shall comply with the provisions of NHAI/Policy
Guidelines/Vigilance/2020 Policy Circular No. 5. 8 dated 29th December 2020
issued by NHAI and its subsequent amendments if any, issued by
NHAI/MoRT&H (Appendix-VI) regarding Integrity Pact (IP) and the Integrity
Pact (IP) duly signed by Authorized signatory shall be submitted by the Bidder
with the RFP Bid& shall be part of the Contract Agreement; and
(h) An undertaking from the person having PoA referred to in Sub. Clause-(a)
above that they agree and abide by the Bid documents uploaded by NHAI and
amendments uploaded, if any
(i) Originals of experience certificate apostle at foreign origin, if any
(j) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs) as per format given in Appendix-IX shall be
submitted by the Bidder with the RFP Bid duly signed by Authorized signatory
& shall be part of the Contract Agreement.

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

While submitting Bid Security via Account Payee demand draft or Banker’s Cheque, it is
to be ensured by the bidder that Account Payee demand draft or Banker’s Cheque are
submitted physically latest within 5 working days of the Bid Due Date (up to 17:00
hours) to the following address placed in a sealed envelope and bearing the identification
“Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200,
113+200, 118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the state
of Telangana on EPC mode.”

Address:
Regional Officer-Hyderabad,
National Highways Authority of India,
D.No.8-2-269/S/94, Plot No.94, Road No.2,
Sagar Society, Banjara Hills, Hyderabad – 500034,
Telangana.
(Tel:040 – 29562147/48)
Email: [email protected] , [email protected]

2.11.3 The documents listed at clause 2.11.2 shall be required to be submitted by the Lowest
Bidder before issue of LOA by the Authority. Lowest Bidder (including all of its joint
venture members) failing to submit the original documents shall be unconditionally
debarred from bidding in NHAI projects for a period of 5 years from the date of issue
of debarment notice. These documents shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification “BID for the Construction
of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 &
122+270 on Yadgiri-Warangal section of NH-163 in the state of Telangana on
EPC mode.” and shall clearly indicate the name and address of the Bidder.

2.11.4 Physical submission of documents mentioned in Clause 2.11.2 in the sealed envelope
by the Lowest Bidder shall be addressed to the following officer and shall be
submitted at the respective address:
Regional Officer-Hyderabad,
National Highways Authority of India,
D.No.8-2-269/S/94, Plot No.94, Road No.2,
Sagar Society, Banjara Hills, Hyderabad – 500034,
Telangana.
(Tel:040 – 29562147/48)
Email: [email protected] , [email protected]
2.11.5 If the envelope is not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement of the contents of the envelop
submitted and consequent losses, if any, suffered by the Bidder.

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

2.12 BID Due Date

Financial BID comprising of the documents listed at clause 2.11.1 of the RFP
shall be submitted online through e-procurement CPPP website
http://etenders.gov.inon or before 17:00 Hrs IST on 03.03.2025. This will also
necessitate updating all details in the BIMS portal and generating a certificate with
the unique Firm ID before the submission of the Technical & Financial BID.
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

Documents listed at clause 2.11.2 of the RFP shall be physically submitted by

the Lowest Bidder before issue of LOA by the Authority. The technical details will
also be captured from the BIMS portal once the Bidder has applied on it.

2.13 Late BIDs

E-procurement portal CPPP website http://etenders.gov.in 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 NHAI.

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 http://etenders.gov.in and BIMS
portal (https://bims.gov.in)to have user ID & password which has to be obtained free
of cost. Following may kindly be noted:

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

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

It is also mandatory for the Bidders to get their firms registered with e-tendering
portal and BIMS 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 http://etenders.gov.in from 31.01.2025 to 03.03.2025 (up to
17:00 Hrs. IST).

2.14.1.5 Deleted

2.14.2 Preparation & Submission of BIDs:

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on the
screen. The detailed guidelines for e-procurement are also available on e-
procurement portal. Similarly, a Bidder manual containing the detailed guidelines
for registering, updating data and applying for bids is available on the BIMS 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

http://etenders.gov.in using the digital signature of authorized representative of the
Bidder on or before 03.03.2025 (up to 17:00Hrs IST).

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.

2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The NHAI shall on-line open Technical BIDs on 04.03.2025 at 17:00Hrs IST, in the
presence of the authorized representatives of the Bidders, who choose to attend. The
NHAI 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
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

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 7 days including reasons for non- responsiveness, if any, and the
financial bid will be opened thereafter.

D. BID SECURITY

2.20 BID Security

2.20.1 The Bidder shall furnish as part of its BID, a BID Security referred to in Clause 1.2.4
hereinabove in the form of Insurance Surety Bond (issued by Insurance Company
authorized by Insurance Regulatory and Development Authority of India in the format
at Appendix X), Account Payee Demand Draft, Fixed Deposit Receipt, Banker’s
Cheque or Bank Guarantee (including e-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 120 (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. This Bank Guarantee shall be transmitted through SFMS Gateway to
NHAI’s Bank. 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. A scanned copy of the Bank Guarantee shall
be uploaded on e-procurement portal while applying to the tender.

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

2.20.3 The Selected Bidder’s BID Security will be returned, without any interest, upon the
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

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 furnish the Performance Security /Additional Performance Security
(if any) as per Clause 2.21; or
(iii) to sign the Agreement;

2.21 Performance Security

2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder
shall furnish to the Authority in the form of Insurance Surety Bond in the format at
Appendix – XI, Account Payee Demand Draft, Fixed Deposit Receipt, Banker’s
Cheque or Bank Guarantee (including e-Bank Guarantee) from a Bank in the form
set forth in Appendix-VII (the “Performance Security”) for an amount equal to 5%
(five percent) of its Bid Price. In case of bids mentioned below, the Selected
Bidder, along with the Performance Security, shall also furnish to the Authority an
irrevocable and unconditional guarantee from a Bank in the same form given at
Appendix-VII towards an Additional Performance Security (the “Additional
Performance Security”) for an amount calculated as under:

(i) If the Bid Price offered by the Selected Bidder is lower than 20% of the estimated
project cost/cost put to tender, the additional performance security shall be
calculated @20% of the difference in the (i) Estimated Project Cost (as mentioned
in RFP)-20% of the Estimated Project Cost and (ii) the Bid Price offered by the
selected Bidder..

(ii) Maximum limit of additional performance security shall be limited to 5% of the

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

Bid Price offered by the selected bidder.

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

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

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

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

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

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

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

SECTION-3

EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF

FINANCIAL BIDS
3.1 Evaluation of Technical Bids
3.1.1 The Authority shall open the BIDs received online at 17:00 Hrs IST on 04.03.2025, at
the place specified in Clause 2.11.4(i); and in the presence of the Bidders who
choose to attend. The Authority shall prepare minutes of the BID opening, including
information disclosed to those present at the time of BID opening.

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

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

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

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

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

3.1.6 Tests of responsiveness

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

(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, II, III, IV, V and VI (Bid Capacity format);
(b) Deleted;
(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 as specified in Clauses 2.1.5;
(e) Power of Attorney for Lead Member of Joint Venture and the Joint Bidding
Agreement are uploaded as specified in Clause 2.1.6, if so required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Copy of Online Payment for cost of Bid document of Rs 10,000/- (Rupees Ten
thousand only) in favor of “National Highways Authority of India” at its
designated Bank i.e. Canara bank, Account No. 0798201001991 and IFSC Code:
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode .
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National Highways Authority of India Request for Proposal

CNRB0013008 is received and uploaded on e-procurement portal and BIMS

portal;

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

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

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

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

3.2 Opening and Evaluation of Financial Bids

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

3.3 Selection of Bidder

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

(i) Among all the responsive bidder, the lowest bidder will be termed as L1. If L1
is ‘Class-I Local Supplier’, the contract will be awarded to L1.

(ii) If L1 is not ‘Class-I local supplier’ the lowest bidder among the ‘Class – I local
supplier’, will be invited to match L1 price subject Class-I local supplier’s quote falling
within the margin of purchase preference, and the contract will be awarded to such
‘Class-I local supplier’ subject to matching the L1 price.

(iii) In case such lowest eligible ‘Class-I local supplier’ fails to match the L1 price,
the ‘Class-I local supplier’ with the next higher bid within the margin of purchase
preference shall be invited to match the L1 price and so on and contract shall be
awarded accordingly. In case none of the ‘Class-I local supplier’ within the margin of
purchase preference matches the L1 price, the contract shall be awarded to the L1
bidder.
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National Highways Authority of India Request for Proposal

‘Margin of purchase preference’ means the maximum extent to which the price quoted
by a ‘Class-I local supplier’ may be above the L1 for the purpose of purchase
preference. The margin of purchase preference shall be 20%.

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

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

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

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

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

3.4 Contacts during BID Evaluation

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

3.5 Correspondence with Bidder

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

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

SECTION-4
FRAUD AND CORRUPT PRACTICES

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

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

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

(a) “corrupt practice” means the offering, giving, receiving or soliciting of anything of
value, pressurizing to influence the action of a public official in the process of tendering
and execution of the project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of
facts or disclosure of incomplete facts, in order to influence the Bidding Process;
(c) “coercive practice” means impairing or harming, or threatening to impair or 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
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National Highways Authority of India Request for Proposal

full and fair competition in the Bidding Process.

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 National Highways Authority of India Request for Proposal

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.

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 National Highways Authority of India Request for Proposal

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 [Hyderabad] 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.

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on Yadgiri-
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 National Highways Authority of India Request for Proposal

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

To
The Regional Officer
National Highways Authority of India,
D.No.8-2-269/S/94, Plot No.94, Road No.2,
Sagar Society, Banjara Hills, Hyderabad – 500034,
Telangana.
(Tel:040 – 29562147/48)
Email: [email protected] , [email protected]
Sub: Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200,
113+200, 118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the
state of Telangana on EPC mode.
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 it’s the Annexure I to VI along with the supporting documents are true
and correct; nothing has been omitted which renders such information misleading; and
all documents accompanying the BID are true copies of their respective originals.

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

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

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

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

7. I/ We declare that:

(a) I/ We have examined and have no reservations to the Bidding Documents, including
any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c)

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 National Highways Authority of India Request for Proposal

and 2.6.4 of the RFP document; and

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

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

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

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

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 National Highways Authority of India Request for Proposal

Bidding Process, we are attracted by the provisions of disqualification in terms of

the guidelines referred to above, we shall intimate the Authority of the same
immediately.

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

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

18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into
an 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 forth in the Agreement, we shall have no claim, right or title arising out
of any documents or information provided to us by the Authority or in respect of any
matter arising out of or relating to the Bidding Process including the award of
Agreement.

20. I/ We offer a Bid Security of Rs. 7,31,500/- (Rupees Seven Lakhs Thirty-One
Thousand Five Hundred only) to the Authority in accordance with the RFP Document.

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

22. In the event of my/ our being declared as the Lowest/Selected Bidder, the documents
accompanying the Technical Bid, as specified in Clause 2.11.2 of the RFP shall be
submitted in a separate envelope and marked as “Enclosures of the Bid” before the
issuance of the Letter of Award by the Authority.

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

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

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

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on Yadgiri-
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 National Highways Authority of India Request for Proposal

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

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

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

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

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 National Highways Authority of India Request for Proposal

APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
The Regional Officer,
National Highways Authority of India,
D.No.8-2-269/S/94, Plot No.94, Road No.2,
Sagar Society, Banjara Hills, Hyderabad – 500034,
Telangana.
(Tel:040 – 29562147/48)
Email: [email protected] , [email protected]
Sub: Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200,
113+200, 118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the
state of Telangana on EPC mode.
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
an Agreement in accordance with the draft that has been provided to me/us prior to
the BID Due Date. We agree not to seek any changes in the aforesaid draft and
agree to abide by the same.
6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID
Due Date specified in the RFP.
7. I/ We hereby submit our BID and offer a BID Price online for undertaking the
aforesaid Project in accordance with the Bidding Documents and the Agreement.

Yours faithfully,

Date: (Signature, name and designation

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

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 National Highways Authority of India Request for Proposal

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.
………contd
Appendix IA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14 for each Member
$$
All provisions contained in curly parenthesis shall be suitably modified by the Applicant to reflect the
particulars relating to such Applicant.

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 National Highways Authority of India Request for Proposal

of the Joint Venture:

Name of Applicant/ member of Joint Venture:
Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint Venture been
barred by the Ministry of Road Transport &
Highways or its implementing agencies for the works
of Expressways, National Highways, ISC and El
works, from participating in bidding.
2 If the answer to 1 is yes, does the bar subsist as on
BID due date.

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

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

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

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

(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 complete or has missed more than two milestones
in already awarded two or more projects, even after lapse
of 6 months from the scheduled completion date, unless
Extension of Time has been allowed on the
recommendations of the Independent Engineer due to
Authority's default;
(ii) Fails to complete a project, as per revised schedule, for
which One Time Fund Infusion (OTFI) has been
sanctioned by the Authority;
(iii) Physical progress on any project is not commensurate
with the funds released (equity+ debt + grant) from the

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 National Highways Authority of India Request for Proposal

escrow account and such variation is more than 25% in

last one year as observed by the Independent Engineer in
one or more projects;
(iv) Punch List Items in respect of any project are pending due
to Bidder's default in two or more Projects even after
lapse of the prescribed time for completion of such items;
(v) Fails to fulfil its obligations to maintain a highway in a
satisfactory condition in spite of two rectification notices
issued in this behalf;
(vi) Fails to attend to Non Conformity Reports (NCRs) issued
by the Independent/ Authority’s Engineer on the designs/
works constructed by the Bidder pending for more than
one year in two or more projects.
(vii) Fails to make premium payments excluding the current
instalment in one or more projects.
(viii) Damages/Penalties recommended by the Independent/
Authority’s Engineer on the Bidder during O&M period
and the remedial works are not taken up in two or more
projects.
(ix) Fails to achieve financial closure in two or more projects
within the given or extended period (which shall not be
more than six months in any case).
(x) Fails to submit the Performance Security within the
permissible period in more than one project(s).
(xi) Rated as an unsatisfactory performing entity/ non-
performing entity by an independent third party agency
and so notified on the website of the Authority.

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

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 National Highways Authority of India Request for Proposal

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 of self- Experience£
construction of Eligible construction in Eligible
Projects in Categories 3 Projects in Categories 1
&4 and 2
(1) (2) (3) (4) (5) (6)
Single entity 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 ** (**) 2 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.

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).

2
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.

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Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore$)
Bidder type Net Cash Accruals Net Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead Member
including other members of the Joint
Venture
TOTAL
Bidder type Annual Turnover Average
Year 1 Year 2 Year 3 Year 4 Annual
Year 5
(Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation Turnover
factor factor factor factor factor (In Rs.
crore$)
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6x
7+8x9+10x11
)/5
Single entity 1.00 1.05 1.10 1.15 1.20
Bidder or
Lead
Member
including
other
members of
the Joint
Venture

Name & address of Bidder’s Bankers:

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

Instructions:

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

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

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 National Highways Authority of India Request for Proposal

balance sheet, but does not include reserves created out of revaluation of assets,
write-back of depreciation and amalgamation.

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

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

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

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

Appendix IA

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

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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)
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

$$
In case duly certified audited annual financial statements containing the requisite details are pro vided, 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).”

Refer Clauses 2.2.2.5 and 2.2.2.6(ii)of the RFP.
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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 themor 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.
Appendix -IA


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.

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Annex-V

ANNEX-V
Statement of Legal Capacity

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

Ref. Date:

The Regional Officer,

National Highways Authority of India
Regional Office,
D.No.8-2-269/S/94, Plot No.94, Road No.2,
Sagar Society, Banjara Hills, Hyderabad – 500034,
Telangana.
(Tel:040 – 29562147/48)
Email: [email protected] , [email protected]
Dear Sir,

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

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

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

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

Appendix - IA
Annexure-VI

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Information required to evaluate the BID Capacity under clause 2.2.2.1:

To calculate the value of “A” and “C”

1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by the Bidder
during the last 5 years is as follows (the amount of bonus received, if any, shall be
indicated separately):
2.
Sl. Year Value of Civil Engg. Amount of Net Value
No. Works undertaken w.r.t. bonus (Rs. excluding
EPC Projects including in Crores) bonus (Rs. in
bonus, if any (Rs. in Crores)
Crores)
1 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 (Rs. in Factor Bonus (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
Date: the Bidder)
Place:

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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 1.5 years is as follows:
Sl. Name Percentage of Date of Construction Value of Value of Balance Anticipated Balance value of
No. of participation start / period as per contract work value of date of work at 2020-
Project/ of Bidder in appointed Agreement/ as per completed work to be completion 21/2020 price
Work the project date of LOA Agreemen completed level
project t /LOAβ

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

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

# Updation Factor as given below:

For Year F.Y. / Calendar 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: authorised signatory)
For and on behalf of ………………
Place:
(Name of the Bidder)
Date:

Place:

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

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

OFFICE MEMORANDUM

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

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

(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory
authority that casts a doubt on the ability of the Bidder to manage the public
sector unit when it is disinvested, or which relates to a grave offence would
constitute disqualification. Grave offence is defined to be of such a nature
that it outrages the moral sense of the community. The decision in regard to
the nature of the offence would be taken on case to case basis after
considering the facts of the case and relevant legal principles, by the
Government of India.
(b) In regard to matters relating to the security and integrity of the country, any
charge-sheet by an agency of the Government/ conviction by a Court of Law
for an offence committed by the bidding party or by any sister concern of the
bidding party would result in disqualification. The decision in regard to the
relationship between the sister concerns would be taken, based on the
relevant facts and after examining 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.

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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

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Appendix - IA
Annexure-VIII

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

S. Name of the Contract Price Appointed Original Likely Date of Reason for
No. work (INR Cr) Date Scheduled Completion Delay#
Completion
Date
1
2
3
…

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

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

…………………………………………… Name of the Bidder

Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

Date: __________________

Place: __________________
APPENDIX - II

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 National Highways Authority of India Request for Proposal

Bank Guarantee for BID Security

(Refer Clauses 2.20)
B.G. No. Dated:

1. In consideration of you, National Highways Authority of India, having its office at G-

5&6, Sector-10, Dwarka, New Delhi-110075, (hereinafter referred to as the
“Authority”, which expression shall unless it be repugnant to the subject or context
thereof include its, successors and assigns) having agreed to receive the BID of
…………………… and having its registered office at ……………………… (and
acting on behalf of its JV) (hereinafter referred to as the “Bidder” which expression
shall unless it be repugnant to the subject or context thereof include its/their executors,
administrators, successors and assigns), for the*** ** Project on EPC basis (hereinafter
referred to as “the Project”) pursuant to the RFP Document dated …………… issued in
respect of the Project and other related documents including without limitation the draft
contract Agreement (hereinafter collectively referred to as “Bidding Documents”), we
(Name of the Bank) having our registered office at ………………… and one of its
branches at …………………….. (hereinafter referred to as the “Bank”), at the request
of the Bidder, do hereby in terms of Clause 1.2.4 read with Clause 2.20 of the RFP
Document, irrevocably, unconditionally and without reservation guarantee the due and
faithful fulfilment and compliance of the terms and conditions of the Bidding
Documents (including the RFP Document) by the said Bidder and unconditionally and
irrevocably undertake to pay forthwith to the Authority an amount of Rs. *** **
(Rupees *** ** only) (hereinafter referred to as the “Guarantee”) as our primary
obligation without any demur, reservation, recourse, contest or protest and without
reference to the Bidder if the Bidder shall fail to fulfil or comply with all or any of the
terms and conditions contained in the said Bidding Documents.

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

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

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

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
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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 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.

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

15. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank Guarantee
to the designated bank of [Ministry/NHAI/NHIDCL/State PWD/BRO], details of which
is as under:

S. No. Particulars Details

1. Name of Beneficiary National Highways Authority of India
2. Name of Bank Canara Bank
3. Account No. 0798201001991
4. IFSC Code CNRB0013008

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

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

(Signature of the Authorised Signatory)

(Official-Seal)

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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
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200,
118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the state of Telangana
on EPC mode.proposed or being developed by the National Highways Authority of India
(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:………………

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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 Apostle certificate.

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APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

Whereas the National Highways Authority of India (“the Authority”) has invited BIDs for
the Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200,
118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the state of Telangana on
EPC mode. (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.

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IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

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

For …………………….. For …………………….. For

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

Witnesses:
1.
2.

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

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Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)

(To be executed on Stamp paper of appropriate value)

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

AMONGST

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

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

AND

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

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

AND

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

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

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

WHEREAS,

(A) THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, established under the

National Highways Authority of India Act 1988, represented by its Chairman and
having its principal offices at G-5 & 6, Sector 10, Dwarka, New Delhi-110075
(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 Construction of 5 no’s Foot Over
Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on
Yadgiri-Warangal section of NH-163 in the state of Telangana on EPC mode.
(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.

NOW IT IS HEREBY AGREED as follows:

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1. Definitions and Interpretations

In this Agreement, the capitalized 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:

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

7. Representation of the Parties

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

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

(b) The execution, delivery and performance by such Party of this Agreement
has been authorized by all necessary and appropriate corporate or
governmental action and a copy of the extract of the charter documents and
board resolution/ power of attorney in 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 organizational documents thereof;

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

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

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

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

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

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

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prospects or business of such Party in the fulfillment of its obligations under

this Agreement.

8. Termination

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

9. Miscellaneous

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

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

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

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

For and on behalf of

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

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

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APPENDIX VI

Draft Integrity Pact Format applicable for works having value of Rs. 5 Cr. and above

(To be executed on the plain paper and submitted alongwith Technical Bid /Tender
documents for tenders having a value of Rs. 5 crore or more. To be signed by the bidder and
same signatory competent/authorized to sign the relevant contract on behalf of the NHAI)

(_________Division)
Tender No.________

INTEGRITY PACT

This integrity Pact is made at ...............on this ……………… day of.........2022.

Between

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), a statutory body

constituted under the National Highways Authority of India Act, 1988, which has been
entrusted with the responsibility of development, maintenance and management of National
Highways, having its office at G- 5 & 6, Sector-10, Dwarka, New Delhi, hereinafter
referred to as "The Principal", which expression shall, unless repugnant to the meaning
of contract thereof, include its successors and permitted assigns)

AND

........................................................................................................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 intends to award, under laid down organizational procedure,
contract/s for Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200,
113+200, 118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the state of
Telangana on EPC mode. The Principal values full compliance with all relevant laws of
the land, rules of land, regulations, economic of resources and of fairness/ transparency
in its relations with its Bidder(s) and for Contractor(s)/ Concessionaire(s)/ Consultant(s).

And Whereas in order to achieve these goals, the Principal will appoint an Independent
External Monitors (IEMs), who will monitor the tender process and the execution of the
contract for compliance with the Principles mentioned above.
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into
this Integrity Pact (hereafter referred to as "Integrity Pact") the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and contract
between the parties.
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Now, therefore, in consideration of mutual covenants stipulated in this pact, the parties
hereby agree as follows and this pact witnesses as under:

Article-1: Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption
and to observe the following principles:-

a) No employee of the Principal, personally or through family members, will in

connection with the Tender for, or the execution of a Contract, demand, take a
promise for or accept, for self, or third person, any material of immaterial
benefit which the person is not legally entitled to.

b) The Principal will, during the Tender process treat all Bidder(s) with equity and
reason. The Principal will in particular, before and during the Tender process,
provide to all Bidder(s) the same information and will not provide to
any Bidder(s) confidential/ additional information through which the Bidder(s)
could obtain an advantage in relation to the tender process or the contract
execution.

c) The Principal will exclude all known prejudiced persons from the process.

2. If the Principal obtains information on the conduct of any of its employees which
is a criminal offence under the IPC/PC Act or any other Statutory Acts or if there
be a substantive suspicion in this regard, the Principal will inform the Chief
Vigilance Officer and in addition can initiate disciplinary actions as per its
internal laid down Rules/Regulations.

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

Consultant(s).

The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself

to take all measures necessary to prevent corruption. He commits himself to
observe the following principles during his participation in the tender process
and during the contract execution.

a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not,

directly or through any other person or firm, offer, promise or give to any of
the Principal's employees involved in the tender process or the execution of
the contract or to any third person any material or other benefit which he/she is
not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.

b) The Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not enter

with other Bidders into any undisclosed agreement or understanding, whether
formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contract, submission or non-submission or bids or any
other actions to restrict competitiveness or to introduce cartelization in the
bidding process.

c) The Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not commit

any offence under the relevant IPC/PC Act and other Statutory Acts; further
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the Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use

improperly, for purposes of completion or personal gain, or pass on to
others, any information or document provided by the Principal as part of the
business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically.

d) The Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) of foreign origin

shall disclose the name and address of the Agents/ Representatives in India, if
any. Similarly, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)
of Indian Nationality shall furnish the name and address of the foreign
principals, if any. Further, details as mentioned in the ‘Guidelines on Indian
Agents of Foreign Suppliers’ shall be disclosed by the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s). Further, all the payments made to the Indian
Agent/Representative have to be Indian Rupees only.

e) The Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will, when

presenting his bid, disclose any and all payments he has made, is committed to
or intends to make to agents, brokers or any other intermediaries in connection
with the award of the contract. He shall also disclose the details of services
agreed upon for such payments.

f) The Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not instigate

third persons to commit offences outlined above or be an accessory to such
offences.

g) The Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not bring any

outside influence through any Govt. bodies/quarters directly or indirectly on
the bidding process in furtherance of his bid.

h) The Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) who have signed

the Integrity pact shall not approach the court while representing the matter to
IEMs and shall wait for their decision in the matter.

Article- 3 Disqualification from tender process and exclusion from future contracts

1) If the Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s), before award or

during execution has committed a transgression through a violation of any
provision of Article- 2, above or in any other form such as to put his reliability or
credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) from the tender process.

2) If the Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) have 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 1 year.
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3) A transgression is considered to have occurred if the Principal after due

consideration of the available evidence concludes that "On the basis of facts
available there are no material doubts".

4) The Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) with its free consent

and without any influence agrees and undertakes to respect and uphold the
Principal's absolute rights to resort to and impose such exclusion and further
accepts and undertakes not to challenge or question such exclusion on any
ground, including the lack of any hearing before the decision to resort to such
exclusion is taken. This undertaking is given freely and after obtaining
independent legal advice.

5) The decision of the Principal to the effect that a breach of the provisions of this
Integrity Pact has been committed by the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) shall be final and binding
on the Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s), however, the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) can approach IEM(s)
appointed for the purpose of this Pact.

6) On occurrence of any sanctions/ disqualification etc. arising out from violation of

integrity pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall
not be entitled for any compensation on this account.

7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/

Contractor(s)/ Concessionaire(s)/ Consultant(s) could be revoked by the
Principal if the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) can
prove that he has restored/ recouped the damage caused by him and has installed a
suitable corruption prevention system in his organization.

Article- 4: Compensation for Damages.

1) If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest
Money Deposit/ Bid Security or demand and recover the damages equivalent to
Earnest Money Deposit/ Bid Security apart from any other legal right that may
have accrued to the Principal.

2) In addition to 1 above, the Principal shall be entitled to take recourse to the

relevant provisions of the contract related to Termination of Contract due to
Contractor/ Concessionaire/ Consultant's Default. In such case, the Principal shall
be entitled to forfeit the Performance Bank Guarantee of the Contractor/
Concessionaire/ Consultant and/ or demand and recover liquidated and all
damages as per the provisions of the contract/concession agreement against
Termination.

Article- 5: Previous Transgressions

1) The Bidder declares that no previous transgressions occurred in the last 3

years immediately before signing of this Integrity Pact with any other Company in
any country conforming to the anticorruption/ Transparency International (TI)
approach or with any other Public Sector Enterprise/ Undertaking in India or any
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Government Department in India that could justify his exclusion from the tender
process.

2) If the Bidder makes incorrect statement on this subject, he can be disqualified

from the tender process or action for his exclusion can be taken as mentioned
under Article-3 above for transgressions of Article-2 and shall be liable for
compensation for damages as per Article-4 above.

Article - 6: Equal treatment of all Bidders/ Contractors/ Concessionaires/ Consultants/

Subcontractors.

1) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) undertake(s) to

demand from all sub-contractors a commitment in conformity with this
Integrity Pact, and to submit it to the Principal before contract signing.

2) The Principal will enter into agreements with identical conditions as this one with
all Bidders/ Contractors/ Concessionaires/ Consultants and subcontractors.

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

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

Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).

If the Principal obtains knowledge of conduct of a Bidder/ Contractor/

Concessionaire/ Consultant or subcontractor, or of an employee or a
representative or an associate of a Bidder/ Contractor/ Concessionaire/
Consultant or Subcontractor, which constitutes corruption, or if the Principal
has substantive suspicion in this regard, the Principal will inform the same to
the Chief Vigilance Officer.

Article- 8: Independent External Monitor (IEM)

1) The principal has appointed Shri. R.S. Gujral as Independent External Monitor
(herein after referred to as “Monitor”) for this pact. The task of the Monitor is to
review independently and objectively, whether and to what extent the parties
comply with the obligations under this agreement.

2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairman,
NHAI.

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.

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4) The Monitor is under contractual obligation to treat the information and

documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
The Monitor has also signed on ‘Non-disclosure of Confidential Information’ and
of ‘Absence of Conflict of Interest’. In case of any conflict of interest arising at a
later date, the IEM shall inform Chairman, NHAI and recuse himself/herself from
that case.

5) 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
Bidder/Contractor/Concessionaire/Consultant. The parties offer to the Monitor the
option to participate in such meetings.

6) As soon as the Monitor notices, or believes, to notice any transgression as given

in Atiicle-2, he may request the Management of the Principal to take corrective
action, or to take 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.

7) The Monitor will submit a written report to the Chairman, NHAI 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.

8) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion of

an offence under relevant IPC/PC Act or any other Statutory Acts, and the
Chairman, NHAI 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.

9) 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. Any
violation of the same would entail disqualification of the bidder and exclusion
from future dealings.

If any claim is made/ lodged during this 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 Chairman of NHAI.

Article - 10 Other Provisions

1) This pact is subject to Indian Law, Place of performance and jurisdiction is the
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 National Highways Authority of India Request for Proposal

Registered Office of the Principal, i.e. New Delhi.

2) Changes and supplements as well as termination notices need to be made in
writing.
3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a Joint
Venture partner, this pact must be signed by all partners or 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) Issue like warranty/Guarantee etc. shall be outside the purview of IEMs.
6) In the event of any contradiction between the Integrity Pact and its Annexure, the
clause in integrity pact shall prevail.
7) 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.
8) 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 witnesses:-
______________________________ _______________________________
(For & On behalf of the Principal) (For & On behalf of
Bidder/Contractor/Concessionaire/Consult
ing
(Office Seal)
Place ________
Date ________
Witness 1:
(Name & Address) ___________________________________________________
___________________________________________________
___________________________________________________
Witness 2:
(Name & Address) ___________________________________________________

{COUNTERSIGNED and accepted by:

JV Partner}

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Appendix-VII
(See Clauses 2.21)
FORM OF BANK GUARANTEE
[Performance Security/Additional Performance Security]
To
National Highways Authority of India
G-5 & 6, Sector 10,
Dwarka, New Delhi - 110075

WHEREAS________________________________________[name and address of

Contractor]
(hereafter called the “Contractor”) has undertaken, in pursuance of Letter of Acceptance
(LOA) No. _______________Dated_____________ for Construction of 5 no’s Foot Over
Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on Yadgiri-
Warangal section of NH-163 in the state of Telangana on EPC mode. (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”3).
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
General Manager, National Highways Authority of India, 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
3
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.
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 National Highways Authority of India Request for Proposal

Contractor for any reason whatsoever.

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 Contractor 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.

$ $
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.

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 National Highways Authority of India Request for Proposal

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

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

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

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

13. This guarantee shall also be operatable at our……………….. Branch at

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

14. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank
Guarantee to the designated bank of NHAI, the details of which is as under:
S. No. Particulars Details
1. Name of Beneficiary National Highways Authority of
India
2. Name of Bank Canara Bank
3. Account No. 0798201001991
4. IFSC Code CNRB0013008

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)

Appendix-VIII
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 National Highways Authority of India Request for Proposal

(See Clauses 3.3.4)

Format of LOA
No.________________________
National Highways Authority of India,
REGIONAL OFFICE - HYDERABAD

Dated,
To,

{Name of selected Bidder}

Sub: BID for Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830,
110+200, 113+200, 118+350 & 122+270 on Yadgiri-Warangal section of NH-163
in the state of Telangana on EPC mode. - 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.
3. 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.
4. 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.
5. In case of failure of submission of Performance Security, Additional Performance
Security (if any) and Security against Damages (if any) within the additional 60 (Sixty)
days time period, the award shall be deemed to be cancelled and Bid security shall be
encashed by the Authority as per Clause 2.21 of the RFP.
Yours faithfully,

{authorized signatory}
“Accepted by

(Name of the Authorized person)

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

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Appendix-IX
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs)

To
The Regional Officer,
National Highways Authority of India
Regional Office,
D.No.8-2-269/S/94, Plot No.94, Road No.2,
Sagar Society, Banjara Hills, Hyderabad – 500034,
Telangana.
(Tel:040 – 29562147/48)
Email: [email protected] , [email protected]

Sub: BID for Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200,
113+200, 118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the state
of Telangana on EPC mode.

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

I/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 certify that this Bidder is not from such a country or, if from such a country, has
been registered with the Competent Authority and will not sub-contract any work
to a contractor from such countries unless such contractor is registered with the
Competent Authority.
I hereby certify that this bidder fulfils all requirements in this regard and is
eligible to be considered.

Yours faithfully,

Date:
(Signature of the Authorised signatory)
Place:
(Name and designation of the of the Authorised signatory)
Name and seal of Bidder/Lead Member
Notes:
{Where applicable, evidence of valid registration by the Competent Authority shall be
attached}

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

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Appendix-X
Surety Bond for Bid Security
(Refer Clause 2.20)

SB No. Dated:

1. In consideration of you, National Highways Authority of India, having its office at G-5
& 6, Sector-10, Dwarka, New Delhi-110075, (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 Consortium) (hereinafter referred to as the
"Bidder" which expression shall unless it be repugnant to the subject or context thereof include
its/their executors, administrators, successors and assigns), for the Construction of 5 no’s Foot
Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on Yadgiri-
Warangal section of NH-163 in the state of Telangana on EPC mode. (hereinafter referred to as
"the Project") pursuant to the RFP Document dated ........... issued in respect of the Project and
other related documents including without limitation the draft concession/contract agreement
(hereinafter collectively referred to as "Bidding Documents"), we (Name of the Surety Insurer)
having our registered office at............... and one of its branches at................. (hereinafter
referred to as the "Surety Insurer "), at the request of the Bidder, do hereby in terms of Clause
1.2.4 read with Clause 2.20 of the RFP Document, irrevocably, unconditionally and without
reservation guarantee the due and faithful fulfilment and compliance of the terms and
conditions of the Bidding Documents (including the RFP Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of
Rs.7,31,500/- (hereinafter referred to as the "Surety Bond") as our primary obligation without
any demur, reservation, recourse, contest or protest and without reference to the Bidder, if the
Bidder shall fail to fulfil or comply with all or any of the terms and conditions contained in the
said Bidding Documents.

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

3. We, the Surety Insurer, do hereby unconditionally undertake to pay the amounts due and
payable under this Surety Bond without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether the claim of
the Authority is disputed by the Bidder or not, merely on the first demand from the Authority
stating that the amount claimed is due to the Authority by reason of failure of the Bidder to fulfil
and comply with the terms and conditions contained in the Bidding Documents including failure
of the said Bidder to keep its Bid open during the Bid validity period as set forth in the said
Bidding Documents for any reason whatsoever. Any such demand made on the Bank shall be
conclusive as regards amount due and payable by the Surety Insurer under this Surety Bond.
However, our liability under this Surety Bond shall be restricted to an amount not exceeding
Rs.7,31,500/- .

4. This Surety Bond shall be irrevocable and remain in full force for a period of 180 (one
hundred and eighty) days from the Bid Due Date and a claim period of 60 (sixty) days or for
such extended period as may be mutually agreed between the Authority and the Bidder, and

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agreed to by the Surety Insurer, and shall continue to be enforceable till all amounts under this
Surety Bond have been paid.

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

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

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

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given in
writing or made if addressed to the Surety Insurer and sent by courier or by registered post or by
certified e-mail to the Surety Insurer at the address or e-mail set forth herein

9. We undertake to make the payment on receipt of your notice of claim on us addressed to name
of Surety Insurer along with branch address and delivered at our above branch who shall be
deemed to have been duly authorised to receive the said notice of claim

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

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

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

13. For the avoidance of doubt, the Surety Insurer's liability under this Surety Bond shall be
restricted to Rs.7,31,500/- (Rupees Seven Lakhs Thirty-One Thousand Five Hundred only). The
Surety Insurer shall be liable to pay the said amount or any part thereof only if the Authority
serves a written claim on the Surety insurer in accordance with paragraph 9 hereof, on or before
[*** (indicate date falling 180 days after the Bid Due Date)].

14. This Surety Bond shall also be operatable at our ………………….., branch at ______, from
whom, confirmation regarding the issue of this Surety Bond or extension/renewal thereof shall
be made available on demand. In the contingency of this Surety Bond being invoked and
payment hereunder claimed, the said branch shall accept such invocation letter and make
payment of amounts so demanded under the said invocation.

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

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

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

(Signature of the Authorised Signatory)

(Official Seal)

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Appendix-XI
Form of Surety Bond
[Performance Security/Additional Performance Security]

To
National Highways Authority of India
G-5 & 6, Sector-10, Dwarka,
New Delhi-110008,

A. WHEREAS___________________________[name and address of Contractor]

(hereinafter called the "Contractor") and National Highways Authority of India, G-
5 & 6, Sector 10, Dwarka, New Delhi - 110075, (hereinafter called the “Authority”)
have entered into an agreement (hereinafter called the “Agreement”) for
Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200,
113+200, 118+350 & 122+270 on Yadgiri-Warangal section of NH-163 in the
state of Telangana on EPC mode. on Engineering, Procurement and Construction
(the “EPC”) basis, subject to and in accordance with the provisions of the
Agreement..

B. The Agreement 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 Agreement, during the (Construction
Period/ Defects Liability Period and Maintenance Period) (as defined in the
Agreement) in a sum of Rs........…..cr. (Rupees………… crore) (the "Surety Bond
amount").

C. we,………..through our branch at ........ (the "Surety Insurer") have agreed to

furnish this Surety Bond by way of Performance security.

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

guarantees and affirms as follows:

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

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2. A letter from the Authority, under the hand of an officer not below the rank of
General Manager, NHAI, 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
Agreement shall be conclusive, final and binding on the Surety Insurer. The Surety
Insurer further agrees that the Authority shall be the sole judge as to whether the
Contractor is in default in due and faithful performance of its obligations during and
under the Agreement and its decision that the Contractor is in default shall be final
and binding on the Surety Insurer, notwithstanding any differences between the
Authority and the Contractor, or any dispute between them pending before any court,
tribunal, arbitrators or any other authority or body, or by the discharge of the
Contractor for any reason whatsoever.

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

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

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

6. This Surety Bond is in addition to and not in substitution of any other Surety Bond
or security now or which may hereafter be held by the Authority in respect of or
relating to the Agreement or for the fulfilment, compliance and/or performance of all
or any of the obligations of the Contractor under the Agreement.

7. Notwithstanding anything contained hereinbefore, the liability of the Surety Insurer

under this Surety Bond is restricted to the Surety Bond Amount and this Surety
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 National Highways Authority of India Request for Proposal

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

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

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

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

11. This Surety Bond shall come into force with immediate effect and shall remain in
force and effect for up to the date specified in paragraph 8 above or until it is
released earlier by the Authority pursuant to the provisions of the Agreement.
12. This Surety Bond is subject to the Uniform Rules for Demand Guarantees (URDG)
2010 Revision, ICC Publication No. 758, except that the supporting statement under
Article 15(a) is hereby excluded.
13. This Surety Bond shall also be operatable at our ………………….., branch at New
Delhi, from whom, confirmation regarding the issue of this Surety Bond or
extension/renewal thereof shall be made available on demand. In the contingency of
this Surety Bond being invoked and payment hereunder claimed, the said branch
shall accept such invocation letter and make payment of amounts so demanded under
the said invocation
14. The Insurance Surety Bond shall be verified from the specific portal created for this
purpose

Signed and sealed this……..Day of………..,25…………at…………………

_______________________
$ insert date at least 2(two) years from the date of issuance of this Surety Bond (in accordance with Clause 7.2
of the Agreement). The Contractors can submit the Surety Bond 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 Surety Bond in one go for the entire
DLP.

SIGNED, SEALED AND DELIVERED

For and on behalf of the bank by:

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 National Highways Authority of India Request for Proposal

(Signature)

(Name)

(Designation)

(Code Number)
(Address)

Construction of 5 no’s Foot Over Bridges (FOBs) at Km.92+830, 110+200, 113+200, 118+350 & 122+270 on Yadgiri-Warangal
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