RFPMedariwada

Request for Proposal
For
Name of the Work: Improvement of T Junction at

Blackspot location TG-02-365 Km. 167/2 – 4 (Municipal
Madarywada Junction) from (Km 166/670 to Km 168/325)
on Nizamabad – Jagdalpur section of NH-63 in the state
of Telangana.
on
Engineering, Procurement & Construction (EPC)

Mode
NATIONAL HIGHWAYS CIRCLE

KARIMNAGAR
GOVERNMENT OF TELANGANA
December 2022
Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 – 4 (Municipal Madarywada
Junction) from (Km 166/670 to Km 168/325) on Nizamabad – Jagdalpur section of NH-63 in the state
of Telangana
TABLE OF CONTENTS
Contents Page No.

S. No. Notice inviting RFP 4
Disclaimer 5
Glossary 6
Introduction 7
1
1.1 Background 7
1.2 Brief description of Bidding Process 8
1.3 Schedule of Bidding Process 10
Instructions to Bidders 11
2 A General 11
2.1 General terms of Bidding 11
2.2 Eligibility and qualification requirement of Bidder 15
2.3 Proprietary Data 22
2.4 Cost of Bidding 22
2.5 Site visit and verification of information 23
2.6 Verification and Disqualification 23
B Documents 25
2.7 Contents of the RFP 25
2.8 Clarifications 25
2.9 Amendment of RFP 26
C Preparation and Submission of BIDs 27

2.10 Format and Signing of BID 27
2.11 Documents comprising Technical & financial BID 27
2.12 BID Due Date 29
2.13 Late BIDs 29
2.14 Procedure of e-tendering 29
2.15 Online opening of Bids 31
2.16 Rejection of BIDs 31
2.17 Validity of BIDs 31
2.18 Confidentiality 31
2.19 Correspondence with the Bidder 32
D BID Security 32
2.20 BID Security 32
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3 Evaluation of Technical and Opening & Evaluation of financial Bids 35

36
Evalu
3.1 Evaluation of Technical BIDs
37
3.3 Selection of Bidder
37
3.4 Contacts during BID Evaluation
3.5 Correspondence with the Bidder 38
39
4 Fraud and Corrupt Practices 40
5 Pre-BID Conference
6 Miscellaneous 41
Appendices
45
IA Letter comprising the Technical BID
IB Letter comprising the Financial BID 59
II Bank Guarantee for BID Security 62
III Format for Power of Attorney for signing of BID 64
Format for Power of Attorney for Lead Member of Joint 66
IV Venture 71
V Format for Joint Bidding Agreement for Joint Venture 77
VI Integrity Pact Format
80
VII Form of Bank Guarantee (For Performance Security)
VIII Format of LOA
Annexure of Appendix 1A 46
49
I Details of Bidder
50
II Technical Capacity of the Bidder
51
III Financial Capacity of the Bidder
IV Details of Eligible Project 53
V Statement of legal capacity 54
VI Information required to Evaluate the Bid capacity 56
VII Guidelines of the Department of 58
Disinvestment VIII Details of ongoing Works
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Junction) from (Km 166/670 to Km 168/325) on Nizamabad – Jagdalpur section of NH-63 in the state of
Telangana
GOVERNMENT OF INDIA (NATIONAL HIGHWAY AUTHORITY OF INDIA)

THROUGH
ROADS AND BUILDINGS DEPARTMENT (NATIONAL HIGHWAYS WING)
GOVERNMENT OF TELANGANA
Notice Inviting Bid
NIT No. SE(R&B)/NH/KMNR/51/2022-23, Dt: 27.12.2022.
RFP for “Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 – 4

(Municipal Madarywada Junction) from (Km 166/670 to Km 168/325) on Nizamabad –
Jagdalpur section of NH-63 in the state of Telangana".
The National Highway Authority of India through Engineer-in-Chief (R&B), NH, CRF &
Buildings, Errummanzil is engaged in the development of National Highways and as part of
this endeavour, it has been decided to undertake “Improvement of T Junction at Blackspot
location TG-02-365 Km. 167/2 – 4 (Municipal Madarywada Junction) from (Km 166/670 to Km
168/325) on Nizamabad – Jagdalpur section of NH-63 in the state of Telangana” through an
Engineering, Procurement and Construction (EPC) Contract.
The Roads and Buildings Department, Government of Telangana represented by Engineer-

in- Chief (R&B), NH & CRF, Errummanzil, Hyderabad now invites bids from eligible
contractors for the following project:
Name of Estimated Complet
Maintenance
State NH
No. ICB No. project ion
work Cost Incl. GST period Period
NIT No: Improvement of T Junction
at Blackspot location TG-02- Rs. 11.99
SE(R&B)/
365 Km. 167/2 – 4 (Municipal Crores
NH/
Madarywada Junction) from (Including 12
Telangana 63 KMNR/51/ 60 months
(Km 166/670 to Km 168/325) utilities shifting months
2022-23, on Nizamabad – Jagdalpur amount and
Dt: section of NH-63 in the state GST)
27.12.2022 of Telangana
The complete BID document can be viewed / downloaded from official portal of the CPPP
website https://eprocure.gov.in from 27.12.2022 to 27.01.2023 (upto 15.00 Hrs. IST). Bidder
must submit its Financial bid and Technical Bid at https://eprocure.gov.in on or before
27.01.2023 (upto 15.00 hours IST). Bids received online shall be opened on 28.01.2023
(at15.00 hours IST).
Bid through any other mode shall not be entertained. However, Bid Security,
document fee, Power of Attorney and Joint Bidding Agreement etc. shall be submitted
online by the Bidder on or before 27.01.2023 (at 15.00 hours IST). However, the bidders has
to submit the original documents along with Original Bank Guarantee towards Bid Security
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physically with the concerned authority within 7 days of bid due date. Further, it may be
noted that in case of non-submission of Original Electronic Bank Guarantee (BG) towards
Bid Security within prescribed date and time, the action against the bidder for debarring
from participating in bidding of NH and other centrally sponsored works for 1 year may be
taken. Please note that the Authority reserves the right to accept or reject all or any of the
BIDs without assigning any reason whatsoever.
Superintending Engineer (R&B)

NH Circle, Karimnagar,
Karimnagar, TS, 505 001,
Email: senhkmnr@gmail.com
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DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other form
by or on behalf of the Authority or any of its employees or advisors, is provided to Bidder(s)
on the terms and conditions set out in this RFP and such other terms and conditions subject
to which such information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions and
assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for the
Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, especially
the [Feasibility Report], may not be complete, accurate, adequate or correct. Each Bidder
should, therefore, conduct its own investigations and analysis and should check the
accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to be
an exhaustive account of statutory requirements and should not be regarded as a complete
or authoritative statement of law. The Authority accepts no responsibility for the accuracy
or otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Applicant or Bidder under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for
any loss, damages, cost or expense which may arise from or be incurred or suffered on
account of anything contained in this RFP or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFP or arising in
any way for participation in this BID Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP. The Authority may in its absolute discretion, but without being
under any obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this RFP.
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The issue of this RFP does not imply that the Authority is bound to select a Bidder or to appoint
the Selected Bidder JV or Contractor, as the case may be, for the Project and the Authority
reserves the right to reject all or any of the Bidders or BIDs without assigning any reason
whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its BID including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be required
by the Authority or any other costs incurred in connection with or relating to its BID. All
such costs and expenses will remain with the Bidder and the Authority shall not be liable in
any manner whatsoever for the same or for any other costs or other expenses incurred by a
Bidder in preparation or submission of the BID, regardless of the conduct or outcome of the
Bidding Process.
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GLOSSARY
Agreement As defined in Clause 1.1.4

Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.20.1
BID(s) As defined in Clause 1.2.2
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.5
BID Due Date As defined in Clause 1.1.5
Bidding Process As defined in Clause 1.2.1
BID Security As defined in Clause 1.2.4
BID Price or BID As defined in Clause 1.2.6
Contractor As defined in Clause 1.1.2
Construction Period As defined in Clause 1.2.6
Conflict of Interest As defined in Clause 2.2.1(c)
Defect Liability Period As defined in Clause 1.2.6
Eligible Experience As defined in Clause 2.2.2.5 (i)
Eligible Projects As defined in Clause 2.2.2.5 (i)
EPC As defined in Clause 1.1.1
EPC Contract As defined in Clause 1.1.2
Estimated Project Cost As defined in Clause 1.1.3
Feasibility Report As defined in Clause 1.2.3
Financial Capacity As defined in Clause 2.2.2.3 (i)
Government Government of *********
Joint Venture As defined in Clause 2.2.1
Jt. Bidding Agreement As defined in Clause 2.1.11(f)
Lead Member As defined in Clause 2.1.11 (c)
Lowest Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.9 (ii)
Performance Security As defined in Clause 2.21.1
Additional Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.2 (i)
Tie BIDs As defined in Clause 3.3.2
Threshold Technical Capacity As defined in Clause 2.2.2.2 (i)
The words and expressions beginning with capital letters and defined in this document shall,
unless repugnant to the context, have the meaning ascribed thereto herein.
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SECTION 1
INTRODUCTION
1.1 Background
1.1.1 The National Highway Authority of India through Roads & Buildings Department,
Government of Telangana represented by Engineer-in-Chief (R&B), NH, CRF &
Buildings, Errummanzil, Hyderabad acting through Superintending Engineer
(R&B) NH Circle, Karimnagar (the “Authority”) is engaged in the development of
National Highways and as part of this endeavour, the Authority has decided to
undertake Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 –
4 (Municipal Madarywada Junction) from (Km 166/670 to Km 168/325) on
Nizamabad – Jagdalpur section of NH-63 in the state of Telangana (the “Project”)
through an Engineering, Procurement and Construction (the “EPC”) Contract, and
has decided to carry out the bidding process for selection of a Bidder to whom the
Project may be awarded. A brief description of the project may be seen in the
Information Memorandum of the Project at the CPPP website https://
eprocure.gov.in. Brief particulars of the Project are as follows:
Length Estimated No of months

Name of the National
in Project Cost (In for completion
Highway
Km Rs. Cr) incl. GST of work
Improvement of T Junction at
Blackspot location TG-02-365 Km. 167/2
– 4 (Municipal Madarywada Junction)
from (Km 166/670 to Km 168/325) on
1.655 11.99 12
Nizamabad – Jagdalpur section of NH-
63 in the state of Telangana
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 involve
Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 – 4
(Municipal Madarywada Junction) from (Km 166/670 to Km 168/325) on
Nizamabad – Jagdalpur section of NH-63 in the state of Telangana by widening of
existing carriageway 2 lane paved shoulder to 4 lane, Providing 1.50m wide central
median as per TCS-2, providing 2L to 4L tapper as per TCS-1, Reconstruction of
Box Culverts (2 No’s), Improvement of Major Junction (1 No) & Minor Junctions
(13 No’s), Providing W beam Crash barrier for a length of 170.00m and Double
sided W beam Crash barrier along the project highway for a minimum length of
1485.00 m, Providing Pavement markings, Rumble strips, Cautionary/Warning
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sign boards of minimum 10 No’s, Mandatory/Regulatory sign boards of minimum

4 No’s, Junction boards of minimum 4 No’s, Hazard markers of minimum 16 No’s,
Studs (RPM) of minimum 1040 No’s, LED Solar blinkers of minimum 3 No’s,
Providing Kilometer stones and Boundary Pillars as per manual and maintenance
of the Project during the Defect Liability Period, which shall be 5 years.
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specified
in the clause 1.1.1 above. The assessment of actual costs, however, will have to be
made by the Bidders.
1.1.4 The Agreement sets forth the detailed terms and conditions for award of the project
to the Contractor, including the scope of the Contractor’s services and obligations.
1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with the terms
set forth in this RFP and other documents to be provided by the Authority
pursuant to this RFP (collectively the "Bidding Documents"), and all BIDs shall be
prepared and submitted in accordance with such terms on or before the BID due
date specified in Clause 1.3 for submission of BIDs (the “BID Due Date”).
1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a single stage two-part system (referred to as the
"Bidding Process") for selection of the Bidder for award of the Project. Under this
process, the bid shall be invited under two parts. Eligibility and qualification of the
Bidder will be first examined based on the details submitted under first part
(Technical Bid) with respect to eligibility and qualifications criteria prescribed in
this RFP (the “Bidder”, which expression shall, unless repugnant to the context,
include the members of the Joint Venture). The Financial Bid under the second
part shall be opened of only those Bidders whose Technical Bids are responsive to
eligibility and qualifications requirements as per this RFP.
[GOI has issued guidelines (see Annexure VII of Appendix-1A of RFP) for
qualification of Bidders seeking to acquire stakes in any public sector enterprise
through the process of disinvestment. These guidelines shall apply mutatis
mutandis to this Bidding Process. The Authority shall be entitled to disqualify any
Bidder in accordance with the aforesaid guidelines at any stage of the Bidding
Process. Bidders must satisfy themselves that they are qualified to bid, and should
give an undertaking to this effect in the form at Appendix-IA].
1.2.2 The Bid shall be valid for a period of 120 days from the date specified in Clause 1.3
for submission of BIDs.
1.2.3 The complete Bidding Documents including the draft Agreement for the Project is
enclosed for the Bidders. The 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
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Telangana
the Project is being provided only as a preliminary reference document by way of

assistance to the Bidders who are expected to carry out their own surveys,
investigations and other detailed examination of the Project before submitting their
Bids. Nothing contained in the Feasibility Report/Detailed Project Report shall be
binding on the Authority nor confer any right on the Bidders, and the Authority
shall have no liability whatsoever in relation to or arising out of any or all contents
of the Feasibility Report/Detailed Project Report. The aforesaid documents and any
addenda issued subsequent to this RFP Document, will be deemed to form part of
the Bidding Documents. 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, Electronic Bank Guarantee
towards BID Security of Rs. 12.00 Lakhs (Rupees Twelve Lakhs only) (the "BID
Security"), refundable not later than 180 (One hundred & Eighty) 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. This Guarantee shall be
transmitted through SFMS Gateway to NHAI/MORTH/State PWD/NHIDCL/BROs
Bank. The Bidders shall also submit online payment receipt of Rs. 11,800/- paid to
Bank A/c. No. 0798201001991 (Name of Beneficiary: National Highways Authority
of India), Canara Bank, IFSC Code: CNRB0000798 towards cost of Bid document.
1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at
their cost, such studies as may be required for submitting their respective BIDs for
award of the contract including implementation of the Project.
1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a
Bidder for implementing the Project (the "BID Price"). The total time allowed for
completion of construction under the Agreement (the “Construction Period”) and
the period during which the Contractor shall be liable for maintenance and
rectification of any defect or deficiency in the Project after completion of the
Construction Period (the “Defect Liability Period”) shall be pre-determined, and are
specified in the draft Agreement forming part of the Bidding Documents.
In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the
lowest BID price.
1.2.7 Generally, the Lowest shall be selected Bidder. In case such Lowest Bidder
withdraws or is not selected for whatsoever reason except the reason mentioned in
Clause 2.1.12 (b) (4) & Clause 3.3.1, the Authority shall annul the Bidding Process
and invite fresh BIDs.
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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
“Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 – 4
(Municipal Madarywada Junction) from (Km 166/670 to Km 168/325) on Nizamabad
– Jagdalpur section of NH-63 in the state of Telangana".
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 - Il Local Supplier and the
Non- Local 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 Suppliers’ under this RFP. The 'local content'
requirement to categorize a supplier as 'Class-II local Supplier' is minimum
20%.
(iii) 'Non-local Suppliers’ 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 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.
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1.3 Schedule of Bidding Process
The Authority shall endeavour to adhere to the following schedule:
Sl. Event Description Date

No.
1. Invitation of RFP (NIT) 27.12.2022
2. Last date for receiving queries 10.01.2023 @ 15.00 hrs
3. Pre-BID meeting at venue 2.11.4 (ii) 10.01.2023 @ 15.00 hrs
4. Authority response to queries latest by 12.01.2023
5. Last date of Request for BID Document 27.01.2023, up to 15.00 Hrs
6 BID Due Date 27.01.2023, up to 15.00 Hrs
7. Opening of Technical BIDs at venue 2.11.4(ii) 28.01.2023, at 15.00 Hrs
8. Physical Submission of Bid Security etc 03.02.2023 upto 15.00 Hrs
9. Declaration of eligible / qualified Bidders Intimated later
10 Opening of Financial BID Intimated later
11 Letter of Acceptance (LOA) Intimated later
12 Return of signed duplicate copy of LOA Intimated later
13 Validity of BID 120 days from BID Due Date
14 Submission of Performance Security (PS) and Within 30 days of receipt of LOA. (The bidder
Additional Performance Security (APS), if has the option to provide 50% of PS and APS,
Any if any within 30 days of receipt of LOA and the
remaining PS and APS, if any to be provided
within 30 days of signing of agreement)
15 Signing of Agreement Within 10 days from the receipt of 50% of
Performance Security and 50% of Additional
Performance Security, if any.
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SECTION-2
INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General terms of Bidding
2.1.1 No Bidder shall submit more than one BID for the Project. A Bidder bidding
individually or as a member of a Joint Venture shall not be entitled to submit
another BID either individually or as a member of any Joint Venture, as the case
may be.
2.1.2 An International Bidder bidding individually or as a member of a Joint Venture

shall ensure that Power of Attorney is apostille by appropriate authority and
requirement of Indian Stamp Act is duly fulfilled.
2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed
terms specified in the draft Agreement shall have overriding effect; provided,
however, that any conditions or obligations imposed on the Bidder hereunder
shall continue to have effect in addition to its obligations under the Agreement.
Further, the statements and explanations contained in this RFP are intended to
provide a better understanding to the Bidders about the subject matter of this
RFP and should not be construed or interpreted as limiting in any way or manner
the scope of services and obligations of the Contractor set forth in the Agreement
or the Authority’s rights to amend, alter, change, supplement or clarify the scope
of work, the work to be awarded pursuant to this RFP or the terms thereof or
herein contained. Consequently, any omissions, conflicts or contradictions in the
Bidding Documents including this RFP are to be noted, interpreted and applied
appropriately to give effect to this intent, and no claims on that account shall be
entertained by the Authority
2.1.4 The BID shall be furnished in the format exactly as per Appendix-I i.e. Technical
Bid as per Appendix IA and Financial Bid as per Appendix IB. BID amount shall
be indicated clearly in both figures and words, in Indian Rupees in prescribed
format of Financial Bid and it will be signed by the Bidder’s authorised signatory.
In the event of any difference between figures and words, the amount indicated
in words shall be taken into account.
2.1.5 The Bidder should submit a Power of Attorney as per the format at Appendix-III,
authorising the signatory of the BID to commit the Bidder.
2.1.6 In case the Bidder is a Joint Venture, the Members thereof should furnish a Power
of Attorney in favour of the Lead Member in the format at Appendix-IV. And
joint bidding agreement in the format at Appendix-V
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2.1.7 Any condition or qualification or any other stipulation contained in the BID shall
render the BID liable to rejection as a non-responsive BID.
2.1.8 The BID and all communications in relation to or concerning the Bidding
Documents and the BID shall be in English language.
2.1.9 This RFP is not transferable.

2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of Bidding
Documents and also fulfilling the criterion as mentioned in clause 2.2.
2.1.11 In case the Bidder is a Joint Venture, it shall comply with the following additional
requirements:
(a) Number of members in a Joint Venture shall not exceed 3 (Three);
(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;
(c) Members of the Joint Venture shall nominate one member as the lead
member (the “Lead Member”). Lead Member shall meet at least 60%
requirement of Bid Capacity, Technical and Financial Capacity, required as
per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3. The nomination(s) shall be supported
by a Power of Attorney, as per the format at Appendix-III, signed by all the
other Members of the Joint Venture. Other Member(s) shall meet at least
20% requirement of Bid Capacity, Technical and Financial Capacity required
as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3 and the JV as a whole shall
cumulatively/collectively fulfil the 100% requirement;
(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, to be submitted along with the Application, shall, inter alia:
(i) convey the commitment(s) of the Lead Member in accordance with this
RFP, in case the contract to undertake the Project is awarded to the
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Joint Venture; and clearly outline the proposed roles & responsibilities,
if any, of each member;
(ii) commit the approximate share of work to be undertaken by each
member conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint Venture
shall be liable jointly and severally for all obligations of the Contractor
in relation to the Project until the Defect Liability Period is achieved in
accordance with the EPC Contract; and
(g) except as provided under this RFP, there shall not be any amendment to the
Jt. Bidding Agreement.
(h) No Joint Venture up to Estimate Project Cost of Rs. 100 crores (One
Hundred Crores). However, Joint Venture for any Estimated Project Cost is
permissible in case of maintenance works to be taken up on EPC mode.
2.1.12 While bidding is open to persons from any country, the following provisions shall
apply:
(a) Where, on the date of the Application, not less than 50% (fifty percent) of the
aggregate issued, subscribed and paid up equity share capital in the L-1 Bidder or
its Member is held by persons resident outside India or where a Bidder or its
Member is controlled by persons resident outside India, then the eligibility and
award of the project to such L-1 Bidder shall be subject to approval of the
competent authority from national security and public interest perspective as per
the instructions of the Government of India applicable at such time. The decision
of the authority in this behalf shall be final and conclusive and binding on the
Bidder.
(b) Further, where the LoA of a project has been issued to an agency, not covered
under the category mentioned above, and it subsequently wishes to transfer its
share capital in favour of another entity who is a resident outside India or where
a Bidder or its Member is controlled by persons resident outside India and
thereby the equity capital of the transferee entity exceeds 50% or above, any such
transfer of equity capital shall be with the prior approval of the competent
authority from national security and public interest perspective as per the
instructions of the Government of India applicable at such point in time.
(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)
RFP 16
Telangana
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 (not
applicable to the project whose contract is terminated by the Authority) if it
attracts any or more of the following parameters:
(i) Fails to set up institutional mechanism and procedure as per contract.
(ii) Fails to mobilize key construction equipment within a period of 4 months

from the Appointed Date;
(iii) Fails to complete or has missed any milestone and progress not
commensurate with contiguous unencumbered project = length /ROW
available even after lapse of 6 months from respective project
milestone/Schedule Completion date, unless Extension of Time has been
granted due to Authority’s Default or Force Majeure;
(iv) Fails to achieve progress commensurate with funds released from Escrow
Account (Equity + Debt + Grant) in BOT or HAM project and variation is
more than 25% in the last 365 days;
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Telangana
(v) Fails to achieve the target progress or complete the project as per schedule
agreed at the time of sanctioning of funds under One Time Funds Infusion
(OTFI) or relaxations to contract conditions to improve cash flow solely on
account of Concessionaire's/contractor’s failure/default;
(vi) Fails to complete rectification (excluding minor rectifications) as per time

given in non-conformity reports (NCR) in design/completed
works/maintenance or reported in Inspection Reports issued by Quality
Inspectors deployed by the Authority or Officers of the Authority.
(vii) Fails to complete minor rectifications exceeding 3 instances in a project as

per time given in non-conformity reports (NCR) in design/completed
works/maintenance;
(viii) Fails to fulfill its obligations to maintain a highway in a satisfactory

condition in spite of two rectification notices issued in this regard;
(ix) Damages/penalties recommended by Independent/Authority’s Engineer

during O&M Period and remedial works are still not taken up;
(x) Fails to complete Punch list items even after lapse of time for completion
of such items excluding delays attributable to the Authority;
(xi) Occurrence of minor failure of structures/highway due to construction

defect wherein no causalities are reported (causalities include injuries to
human being / animals);
(xii) Occurrence of major failure of structures/highway due to construction

defect wherein no casualties are reported (causalities include injuries to
human being / animals);
(xiii) Occurrence of major failure of structures/highway due to construction

defect leading to loss of human lives besides loss of reputation etc. of the
authority;
(xiv) Fails to make premium payments excluding the current instalment in one
or more projects;
(xv) Fails to achieve financial closure in two or more projects within the given
or extended period (which shall not be more than six months in any case);
(xvi) Fails to submit the Performance Security within the permissible time
period in more than one project;
(xvii) Rated as an unsatisfactory performing entity/ non-performing entity by an

independent third-party agency and so notified on the website of the
Authority;
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Telangana
(xviii) Failed to perform for the works of Expressways, National Highways, ISC &
El works in the last 2(two) years, as evidenced by imposition of a penalty
by an arbitral or judicial authority or a judicial pronouncement or arbitral
award against the Bidder, including individual or any of its Joint Venture
Member, as the case may be;
(xix) Expelled from the contract or the contract terminated by the Ministry of
Road Transport & Highways or its implementing agencies for breach by
such Bidder, including individual or any of its Joint Venture Member;
Provided that any such decision of expulsion or termination of contract
leading to debarring of the Bidder from further participation in bids for the
prescribed period should have been ordered after affording an opportunity
of hearing to such party.
(xx) Fails to start the works or causes delay in maintenance & repair/overlay of
the project.
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 the 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
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Telangana
related to Ministry of Road Transport & Highways, except for the list of items
published by the Ministry of Road Transport & Highways permitting their
participation.
2.2. Eligibility and qualification requirements of Bidder
2.2.1 For determining the eligibility of Bidder the following shall apply:
(a) The Bidder may be a single entity or a group of entities (the “Joint Venture”), coming
together to implement the Project. The term Bidder used herein would apply to both
a single entity and a Joint Venture. However, in case the estimated cost of the project
for which bid is invited is upto Rs. 100 Crore, then Joint Venture shall not be
allowed.
(b) Bidder may be a natural person, private entity, or any combination of them with
a formal intent to enter into a Joint Venture agreement or under an existing
agreement to form a Joint Venture. A Joint Venture shall be eligible for
consideration subject to the conditions set out in Clause 2.1.11 above.
(c) A Bidder shall not have a conflict of interest (“Conflict of Interest”) that affects
the Bidding Process. Any Bidder found to have a Conflict of Interest shall be
disqualified and liable for forfeiture of the BID Security or Performance Security
as the case may be. A Bidder shall be deemed to have a Conflict of Interest
affecting the Bidding Process, if:
(i) the Bidder, its Joint Venture Member (or any constituent thereof) and any
other Bidder, its Member or any Member of its Joint Venture thereof (or any
constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply in
cases where the direct or indirect shareholding of a Bidder, or its Joint
Venture Member thereof (or any shareholder thereof having a shareholding
of more than 5% (five percent) of the paid up and subscribed share capital of
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
RFP 20
Telangana
intermediary, which has shareholding in the Subject Person, the

computation of indirect shareholding of such person in the Subject Person
shall be undertaken on a proportionate basis; provided, however, that no
such shareholding shall be reckoned under this sub-clause (bb) if the
shareholding of such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary; or
(ii) a constituent of such Bidder is also a constituent of another Bidder; or
(iii) such Bidder, or any of its Joint Venture Member thereof receives or has
received any direct or indirect subsidy, grant, concessional loan or
subordinated debt from any other Bidder, or any of its Joint Venture Member
thereof or has provided any such subsidy, grant, concessional loan or
subordinated debt to any other Bidder, its Member or any of its Joint Venture
Member thereof; or
(iv) such Bidder has the same legal representative for purposes of this
application as any other Bidder; or
(v) such Bidder, or any of its Joint Venture Member thereof has a relationship
with another Bidder, or any of its Joint Venture Member thereof, directly or
through common third party/ parties, that puts either or both of them in a
position to have access to each others’ information about, or to influence the
Application of either or each other; or
(vi) such Bidder, or any of its Joint Venture Member thereof has participated as
a consultant to the Authority in the preparation of any documents, design
or technical specifications of the Project.
(d) For determining the eligibility of Bidder from a country which shares a land
border with India, the following shall apply:
(i) Any Bidder from a country which shares a land border with India will be
eligible to bid, only if the Bidder is registered with the Competent Authority,
specified in Annexure-I of Order (Public Procurement No. 1 ) issued by Ministry
of Finance, Department of Expenditure Public Procurement Division vide F. No.
6/18/2019 PPD, dated 23rd July 2020, which shall form an integral part of RFP and
DCA (Copy enclosed at the end of this RFP).
(ii) "Bidder from a country which shares a land border with India" means:
a) An entity incorporated, established or registered in such a country, or

b) A subsidiary of an entity incorporated, established or registered in such a
country; or
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Telangana
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 an entity; or
f) A natural who is a citizen of such a country; or.
g) A Consortium or joint venture where any member of the consortium or joint
venture falls under any of the above.
(iii) Beneficial owner for the purpose of (ii) above means:
1. In case of a company or Limited Liability Partnership, the beneficial
owner is the natural person(s), who, whether acting alone or together, or
through one or more judicial person, has a controlling ownership interest
or 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 agreement 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 of 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 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.
RFP 22
Telangana
(iv) An agent is a person employed to do any act for another, or to represent

another in dealings with third person.
(v) The Selected Bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority. The definition of
"contractor from a country which shares a land border with India" shall be as in
Clause 2.2.1(d)(ii) above.
Certificate regarding Compliances:
A certificate on the letterhead of the Bidder shall be required to be submitted by the
bidders certifying the following:
"I have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to
contractors from such countries; I certify that this bidder is not from a country or,
if from such a country, has been registered with the Competent Authority as
defined in Public Procurement Order no. F.no.6/18/2019-PPD dated 23rd July
2020. I hereby certify that this bidder fulfils all requirements in this regard and is
eligible to be considered. "
It may be noted that in case the above certification is found to be false, this would be a
ground for immediate rejection of Bid/termination and further legal action in
accordance with law.
Validity of Registration:
In respect of RFP, registration should be valid at the time of submisson of bids and at the
time of acceptance of bids. If the Bidder was validly registered at the time of acceptance,
registration shall not be a relevant consideration during contract execution.
2.2.2 Qualification requirements of Bidders:
2.2.2.1 BID Capacity
Bidders who inter alia meet the minimum qualification criteria will be qualified
only if their available BID capacity is more than the total BID value (value as per
Clause 1.1.1). The available BID capacity will be calculated as per following,
based on information mentioned at Annexure-VI of Appendix-IA:
Assessed Available BID capacity = (A*N*2.5 – B + C), Where
N = Number of years prescribed for completion of work for which Bid is invited.
A = Maximum value of civil engineering works excluding the amount of bonus
received, if any, in respect of EPC Projects executed in any one year during
the last five years (updated to the price level of the year indicated in table
at Note-3 below) taking into account the completed as well as works in
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Telangana
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 white 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 on-going 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 2021-22 2020-21 2019-20 2018-19 2017-18

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 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
RFP 24
Telangana
with clause 2.2.2.5 (i) & (ii), is more than Rs. 8.99 Crores (Rs. Eight Crores
Ninety Nine Lakhs only) (the “Threshold Technical Capacity”)2.
5(five) years in case of normal highway projects and 10(ten) years in case
of standalone specialized (Major bridge/ROB/Flyover/Tunnel)
(A) For normal Highway project:
Sl. Estimated Project Cost (EPC) of the Threshold Technical

No. project being invited Capacity
1 Estimated Project Cost <= 100 Crore 0.75 time of EPC
2 Estimated Project Cost > 100 Crore & <= 1.0 time of EPC
500 Crore
3 Estimated Project Cost > 500 Crore 1.0 time of EPC
(B) For Stand-alone specialized projects: DELETED / NOT APPLICABLE
(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. 2.40 Crores] (Rupees Two Crores Fouty 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/ re-construction/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 standalone bridges, ROBs, tunnels.
(e) Construction/reconstruction of linear projects like airport runways,
railways (construction/reconstruction 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
RFP 25
Telangana
construction of Major Bridge/ROBs/Flyovers/Tunnel in the last 10 (Ten)

financial years preceding the Bid Due Date i.e. shall have completed atleast
one similar Major Bridge/ROB/Flyover/Tunnel of following sizes:
(a) In case, longest span of Bridge/ROB/flyover is less than or equal to 60m,

no additional qualification is required.
(b) When longest span is more than 60m: 50% of the longest span or 100m,
whichever is less, of the structure proposed in this project
(c) In case Tunnel is a part of project having length less than or equal to
200m, then no additional qualification is required.
(d) When length of tunnel is more than 200m :
50% of the cross sectional area of proposed tunnel or two lane highway
tunnel cross sectional area, whichever is less and 20% length of the
tunnel to be constructed in this project or 2 Km, whichever is less. For
the purpose of this requirement, tunnel may have single/twin tubes for
roads/Railways/Metro rail/ irrigation/hydroelectric projects etc.
Note: The bidder shall mandatorily submit the experience certificates

Issued by Government Authority in support in completion of one
similar work and also furnish the Authority approval letters for any
sub-contract’s received, which mentioned under eligible projects.
(iii) For Stand-alone Specialized Projects: DELETED / NOT APPLICABLE
(iv) The updation factor to update the price of the eligible projects for the
year indicated in table below:
Year 2021-22 2020-21 2019-20 2018-19 2017-18
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 Worth9 (the “Financial Capacity”)
of Rs. 0.60 Crores (Rupees Sixty Lakhs only)10 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. 1.80 Crores (Rupees One Crore Eighty lakhs only)11 for the last 5 (five)
financial years.
9 Net worth has been adopted as the criterion for assessing financial capacity since it is a comprehensive indication of
the financial strength of the Applicant.
10 This amount should be 5% (five percent) of the Estimated Project Cost of the Project for which bids are being invited.
11 This amount should be 15% (fifteen percent) of the Estimated Project Cost of the Project for which bids are being invited
Year 2021-22 2020-21 2019-20 2018-19 2017-18

Up-dation factor 1.00 1.05 1.10 1.15 1.20
2.2.2.4 In case of a Joint Venture:
RFP 26
Telangana
(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 fulfil 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 Clause 1
2.2.2.6 (i)
2 Project in core sector that qualify under Clause 2.2.2.6 (i) 0.75
3 Construction in highways sector that qualify under 1

Clause 2.2.2.6 (ii)
4 Construction in core sector that qualify under Clause 0.75
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
RFP 27
Telangana
railway tracks, yards for keeping containers etc.) metro rail and ports
(including construction/re-construction cost of Jetties, any other
linear infrastructure including bridges etc.); and
(b) core sector would be deemed to include civil construction cost of
power sector, commercial setups (SEZs etc.), airports, industrial
parks/ estates, logistic parks, pipelines, irrigation, water supply,
sewerage, 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 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
works [2.2.2.2 (ii) and 2.2.2.2 (iii)]. However, such work shall be
considered for similar completed works [2.2.2.2 (ii)] in case of
Maintenance works to be taken up on EPC mode.
(vii) In case both the estimated cost of project and revised cost of project are
provided, the revised cost of project shall be considered for evaluation.
2.2.2.6 Eligible Experience on Eligible Projects in respect of each category:

(i) For a project to qualify as an Eligible Project under Categories 1 and 2:
RFP 28
Telangana
(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 5% of the
Estimated Project Cost i.e., Rs. 0.60 Crores (Rupees Sixty Lakhs only)12 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.
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Telangana
(iv) Experience for any activity relating to an Eligible Project shall not be
claimed by two or more Members of the Joint Venture. In other words, no
double counting by a Joint Venture in respect of the same experience shall
be permitted in any manner whatsoever.
2.2.2.7 Submission in support of Technical Capacity

(i) The Bidder should furnish the details of Eligible Experience for the last 5
(five) financial years immediately preceding the Bid Due Date.
(ii) The Bidder must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-IA.
(iii) The Bidder should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at
Annex -IV of Appendix-IA.
2.2.2.8 Submission in support of Financial capacity

(i) The Technical Bid must be accompanied by the Audited Annual Reports of
the Bidder (of each Member in case of a Joint Venture) for the last 5 (five)
financial years, preceding the year in which the bid is submitted.
(ii) In case the annual accounts for the latest financial year are not audited and
therefore the Bidder cannot make it available, the Bidder shall give an
undertaking to this effect and the statutory auditor shall certify the same. In
such a case, the Bidder shall provide the Audited Annual Reports for 5 (five)
years preceding the year for which the Audited Annual Report is not being
provided.
(iii) The Bidder must establish the minimum Net Worth specified in Clause
2.2.2.3, and provide details as per format at Annex-III of Appendix-IA.
2.2.2.9 The Bidder shall enclose with its Technical Bid, to be submitted as per the
format at Appendix-IA, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating
the payments received or in case of a PPP project, the construction carried
out by itself, during the past 5 years, in respect of the Eligible Projects. In
case a particular job/ contract has been jointly executed by the Bidder (as
part of a Joint Venture), it should further support its claim for the payments
received or construction carried out by itself in PPP Projects as applicable
the share in work done for that particular job/ contract by producing a
certificate from its statutory auditor or the client; and
(ii) Certificate(s) from its statutory auditors specifying the net worth of the
Bidder, as at the close of the preceding financial year, and also specifying
that the methodology adopted for calculating such net worth conforms to
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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 with in the stipulated time of
submission of the Bid. No extension of time is likely to be considered for
submission of Bids.
2.5.2 It shall be deemed that by submitting a BID, the Bidder has:
(a) made a complete and careful examination of the Bidding Documents,
Schedules annexed to EPC agreement Document;
(b) received all relevant information requested from the Authority;
$ 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.
12 This amount should not be less than 5% of the Estimated Project Cost
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Telangana
(c) accepted the risk of inadequacy, error or mistake in the information provided
in the Bidding Documents or furnished by or on behalf of the Authority
relating to any of the matters referred to in Clause 2.5.1 above. No claim shall
be admissible at any stage on this account.
(d) satisfied itself about all matters, things and information including matters
referred to in Clause 2.5.1 hereinabove necessary and required for submitting
an informed BID, execution of the Project in accordance with the Bidding
Documents and performance of all of its obligations thereunder;
(e) acknowledged and agreed that inadequacy, lack of completeness or
incorrectness of information provided in the Bidding Documents or ignorance
of any of the matters referred to in Clause 2.5.1 hereinabove shall not be a basis
for any claim for compensation, damages, extension of time for performance of
its obligations, loss of profits etc. from the Authority, or a ground for
termination of the Agreement by the Contractor;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and in terms
hereof.
2.5.3 The Authority shall not be liable for any omission, mistake or error in respect of
any of the above or on account of any matter or thing arising out of or concerning
or relating to RFP, including any error or mistake therein or in any information or
data given by the Authority.
2.6 Verification and Disqualification

2.6.1 The Authority reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP and the Bidder shall,
when so required by the Authority, make available all such information, evidence
and documents as may be necessary for such verification. Any such verification, or
lack of such verification, by the Authority shall not relieve the Bidder of its
obligations or liabilities hereunder nor will it affect any rights of the Authority
thereunder.
2.6.2 The Authority reserves the right to reject any BID and appropriate the BID Security if:
(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the BID.
Such misrepresentation/ improper response shall lead to the disqualification of the

Bidder. If the Bidder is a Joint Venture, then the entire Joint Venture and each
Member of the Joint Venture may be disqualified/ rejected. If such
disqualification/rejection occurs after the BIDs have been opened and the lowest
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Bidder gets disqualified / rejected, then the Authority reserves the right to annul
the Bidding Process and invites fresh BIDs.
2.6.3 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of defect liability
subsistence thereof, that one or more of the eligibility and /or qualification
requirements have not been met by the Bidder, or the Bidder has made material
misrepresentation or has given any materially incorrect or false information, the
Bidder shall be disqualified forthwith if not yet appointed as the contractor either
by issue of the LOA or entering into of the Agreement, and if the Selected Bidder
has already been issued the LOA or has entered into the Agreement, as the case
may be, the same shall, notwithstanding anything to the contrary contained therein
or in this RFP, be liable to be terminated, by a communication in writing by the
Authority to the Selected Bidder or the Contractor, as the case may be, without the
Authority being liable in any manner whatsoever to the Selected Bidder or the
Contractor. In such an event, the Authority shall suspend the bidder from
participation in the tendering process for the works of MoRTH/NHAI/NHIDCL and
other centrally sponsored schemes for a period of one year from bid due date of this
work or 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 suspension of the bidder from
participation in the tendering process for the works of MoRTH/NHAI/ NHIDCL
and other centrally sponsored schemes for a period of one year from bid due date of
this work or 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
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apply where such adviser is engaged after a period of 3 (three) years from the date
of commercial operation of the Project.
DOCUMENTS
2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below,
and will additionally include any Addenda issued in accordance with 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. 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)
VII. Format of LOA
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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
Clause shall be taken or read as compelling or requiring the Authority to respond to
any question or to provide any clarification.
2.8.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations & clarifications to all Bidders. All clarifications & interpretations
issued by the Authority shall be deemed to be part of the Bidding Documents.
Verbal clarifications and information given by Authority or its employees or
representatives shall not in any way or manner be binding on the Authority.
2.9 Amendment of RFP
2.9.1 At any time prior to the BID Due Date, the Authority may, for any reason, whether
at its own initiative or in response to clarifications requested by a Bidder, modify
the RFP by the issuance of Addenda.
2.9.2 Any Addendum issued hereunder will be hosted on the GoI e-Tendering Portal
(https://eprocure.gov.in/eprocure/app).
2.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion, extend
the BID Due Date by atleast Seven (7) days from the date of Amendments.
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Telangana
C. PREPARATION AND SUBMISSION OF BIDS
2.10 Format and Signing of BID
2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority
will evaluate only those BIDs that are received online in the required formats and
complete in all respects and Bid Security, Copy of online payment receipt of cost of
Bid document and GST, POA and Joint Bidding Agreement etc. are received in
hard copies.
2.10.2 The BID shall be typed and signed in indelible blue ink by the authorised signatory
of the Bidder. All the alterations, omissions, additions or any other amendments
made to the BID shall be initialled by the person(s) signing the BID.
2.11 Documents comprising Technical and Financial BID
2.11.1 The Bidder shall first upload all the project details, net worth details, turnover
details, bridge and tunnel details and all other details required in this RFP for
technical qualification. The Bidder shall ensure that all the details are updated as on
the due date of submission of this bid.
The Bidder shall then apply for the RFP on the CPPP website https://
eprocure.gov.in/eprocure/app by submitting the documents mentioned below along
with the supporting documents which shall comprise of the Technical BID on the
CPPP portal:
Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-
VI and supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per
the format at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(e) Deleted
(f) Electronic Bank Guarantee towards BID Security of Rs. 12.00 lakhs (Rupees
Twelve Lakhs only) in the form of Bank Guarantee in the format at Appendix-
II from a Scheduled Bank (to be submitted physically as well);
(g) Copy of online paid receipt of Rs. 11,800/- Rupees Eleven Thousand Eight
Hundred only) paid to Bank A/c. No. 0798201001991 (Name of Beneficiary:
National Highways Authority of India), Canara Bank, IFSC Code:
CNRB0000798 towards cost of Bid document.
(h) Deleted;
(i) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH-37010/4/2010/PIC-EAP (Printing) dated 22.02.2016 and its
subsequent amendments if any, issued by MoRT&H (Appendix-VI)
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Telangana
regarding Integrity Pact (IP) and the Integrity Pact (IP) duly signed by
Authorised signatory shall be submitted by the Bidder with the RFP Bid &
shall be part of the Contract Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-(b)
above that they agree and abide by the Bid documents uploaded by
MoRT&H/NHAI and amendments uploaded, if any; and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing project
works (Ref Clause 10.3 (iv) of Document for EPC Agreement).
(l) copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture) for preceding 5 years.
Financial Bid
(n) 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 the 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 crore, 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 the 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.
(o) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online
through e-procurement portal [https://eprocure.gov.in/eprocure/app] on or
before 27.01.2023 @ 15.00 hrs IST.
2.11.2 The Bidder shall submit the scanned copies of following document online along with
the bid on or before the bid due date of submission: However after opening of
Technical bid, the BID Security shall be submitted physically in original within 7
days from Bid Due Date i.e., by 03.02.2023 @ 15:00 Hrs:
i) Original Power of Attorney for signing the BID as per format at Appendix-III;
ii) if applicable, Original Power of Attorney for Lead Member of Joint Venture as
per the format at Appendix-IV;
iii) if applicable, Original Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
iv) Electronic Bank Guarantee towards BID Security of Rs. 12.00 lakhs (Rupees
Twelve Lakhs only) in the form of Bank Guarantee in the format at Appendix-II
from a Scheduled Bank
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v) Copy of online paid receipt of Rs. 11,800/- Rupees Eleven Thousand Eight
CNRB0000798 towards cost of Bid document
vi) Deleted;
vii) Bidder shall comply with the provisions of Office Memorandum No. RW/ NH-
37010/4/2010/PIC-EAP (Printing) dated 22.02.2016 and its subsequent
amendments if any issued by MoRT&H (Appendix-VI) regarding Integrity
Pact (IP) and the Integrity Pact (IP)duly signed by Authorised signatory shall
be submitted by the Bidder with the RFP Bid & shall be part of the Contract
Agreement; and
viii) An undertaking from the person having PoA referred to in Sub. Clause-(a)
above that they agree and abide by the Bid documents uploaded by
MoRT&H/NHAI and amendments uploaded, if any
Note:- After opening of Technical bid, the BID Security shall be submitted physically in
original within 7 days from Bid Due Date i.e., by 03.02.2023 upto 15:00 Hrs at any
of the address mentioned in Clause 2.11.4 of RFP.
Further, it may be noted that in case of non-submission of Original Bank Guarantee

(BG) towards Bid Security within prescribed date and time, the action against the bidder for
debarring from participating in bidding of NH and other centrally sponsored works for 1 year
may be taken.
2.11.3 The documents listed at clause 2.11.2 shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification “Improvement of T
Junction at Blackspot location TG-02-365 Km. 167/2 – 4 (Municipal Madarywada
Junction) from (Km 166/670 to Km 168/325) on Nizamabad – Jagdalpur section of
NH-63 in the state of Telangana” and shall clearly indicate the name and address of
the Bidder. In addition, the BID Due Date should be indicated on the right hand
top corner of the envelope.
2.11.4 The envelope shall be addressed to the following officer and shall be submitted
at the respective address:
(i) ATTN. OF. : Mr. A. Krishna Prasad.

Designation : Regional Officer, NHAI, Hyderabad.
Address : 1st floor, New Building, Administrative Staff College of India
(ASCI), College Park Campus, Road No.3, BanjaraHills,
Hyderabad.
Email Address : nhairohyd@gmail.com , rohyderabad@nhai.org.
(ii) ATTN. OF. : Mr. I. Ganapathi Reddy

Designation : The Engineer-in-Chief (R&B), NH, CRF & Buildings,
Address : 4th Floor, R&B Building, Errummanzil, Hyderabad
Fax No : 040- 23287300
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Telangana
Email Address : cenhts@gmail.com
(iii) ATTN. OF. : Mr. B. Mohan

Designation : The Superintending Engineer (R&B),
NH Circle, Karimnagar,
Address : O/o Engineer-in-Chief (R&B), NH, CRF & Buildings,
4th Floor, Room No.409, R&B Building,
Errummanzil, Hyderabad
Email Address : senhkmnr@gmail.com
2.11.5 If the envelope is not sealed and marked as instructed above, the Authority assumes
no responsibility for the misplacement or premature opening of the contents of the
BID submitted and consequent losses, if any, suffered by the Bidder.
2.11.6 BIDs submitted by fax, telex, telegram or e-mail shall not be entertained and shall
be summarily rejected.
2.12 BID Due Date

Financial BID comprising of the documents listed at clause 2.11.1 of the RFP shall
be submitted online through e-procurement CPPP website https://eprocure.gov.in/
on or before 15:00 hrs IST on 27.01.2023. Documents listed at clause 2.11.2 of the
RFP shall be submitted online on or before 27.01.2023 at 15:00 hrs IST.
2.13 Late BIDs
E-procurement portal CPPP website https://eprocure.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 Organisation / Owner of
the Firm or Organisation) from any of the licensed Certifying Agency (Bidders
can see the list of licensed CAs from the link www.cca.gov.in) to participate in e-
tendering of MoRT&H/ NHAI/NHIDCL/BRO/State PWD.
DSC should be in the name of the authorized signatory as authorized in Appendix

III of this RFP or person executing/delegating such Appendix III in favour of
Authorized Signatory. It should be in corporate capacity (that is in Bidder
capacity / in case of JV in the Lead Member capacity, as applicable). The Bidder
shall submit document in support of the class III DSC. In other cases, the bid shall
be considered Non-responsive.
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Telangana
2.14.1.2 To participate in the bidding, it is mandatory for the Bidders to get registered
their firm / Joint Venture with e-procurement portal https://
eprocure.gov.in/eprocure/app to have user ID & password which has to be
obtained free of cost. Following may kindly be noted:
(a) Registration with e-procurement portal should be valid at least up to the

date of submission of BID.
(b) BIDs can be submitted only during the validity of registration.
It is also mandatory for the Bidders to get their firms registered with e-
tendering portal. The Bidders shall update their project and other details on the
portal on a regular basis and apply to the tenders via the portal.
2.14.1.3 If the firm / Joint Venture is already registered with e-tendering service
provider, and validity of registration is not expired, then the firm / Joint
Venture is not required a fresh registration.
2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder from e-
procurement portal https:// eprocure.gov.in/eprocure/app from 27.12.2022 to
27.01.2023 (upto 15.00 Hrs. IST).
2.14.1.5 Deleted
2.14.2 Preparation & Submission of BIDs:
2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on
the screen. The detailed guidelines for e-procurement are also available on e-
procurement portal.
2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in different
files (in PDF or RAR format such that file size is not more than 30 MB) and
uploaded during the on-line submission of BID.
2.14.2.3 Bid must be submitted online only through e-procurement portal of

https://eprocure.gov.in/eprocure/app using the digital signature of authorised
representative of the Bidder on or before 27.01.2023 (upto 15:00 hours 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
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Telangana
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.
2.15.2 Opening of BIDs will be done through online process.
2.15.2 The Authority shall on-line open Technical BIDs on 28.01.2023 at 15.00 hours IST,
in the presence of the authorized representatives of the Bidders, who choose to
attend. Technical BID of only those Bidders shall be online opened whose
documents listed at clause 2.11.2 of the RFP have been received online. The
MoRT&H will subsequently examine and evaluate the BIDs in accordance with the
provisions of Section 3 of RFP.
2.16 Rejection of BIDs

2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves the right to
reject any BID and to annul the Bidding Process and reject all BIDs at any time
without any liability or any obligation for such acceptance, rejection or annulment,
and without assigning any reasons thereof. In the event that the Authority rejects
or annuls all the BIDs, it may, in its discretion, invite all eligible Bidders to submit
fresh BIDs hereunder.
2.16.2 The Authority reserves the right not to proceed with the Bidding Process at any
time, without notice or liability, and to reject any BID without assigning any
reasons.
2.17 Validity of BIDs

The BIDs shall be valid for a period of not less than 120 (One Hundred and Twenty)
days from the BID Due Date. The validity of BIDs may be extended by mutual
consent of the respective Bidders and the Authority.
2.18 Confidentiality
Information relating to the examination, clarification, evaluation and
recommendation for the Bidders shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor
advising the Authority in relation to or matters arising out of, or concerning the
Bidding Process. The Authority will treat all information, submitted as part of the
BID, in confidence and will require all those who have access to such material to
treat the same in confidence. The Authority may not divulge any such information
unless it is directed to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege of the statutory
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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.
2.20 BID Security

2.20.1 The Bidder shall furnish as part of its BID, a BID Security referred to in Clause 1.2.4
herein above in the form of a bank guarantee issued by nationalised bank, or a
Scheduled Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one
thousand crore), in favour of the Authority in the format at Appendix-II (the “Bank
Guarantee”) and having a validity period of not less than 180 (One Hundred and
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 [Ministry/NHAI/NHIDCL/State PWD/BRO]’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
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.
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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;
(e) Note:- After opening of Technical bid, the BID Security shall be submitted physically
in original within 7 days from Bid Due Date i.e., by 03.02.2023 upto 15:00 Hrs at any
of the address mentioned in Clause 2.11.4 of RFP.
In case any bidder fails to submit the BID Security in Original within the stipulated
Time mentioned above, the Technical bid of such bidder shall be treated as Non-Responsive.
Further, it may be noted that in case of non-submission of Original Bank Guarantee

(BG) towards Bid Security within prescribed date and time, the action against the bidder for
debarring from participating in bidding of NH and other centrally sponsored works for 1 year
may be taken..
2.21 Performance Security

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

the Bid price offered by the selected bidder.
(ii) This Additional Performance Security shall be treated as part of the
Performance Security.
2.21.2 The Performance Security shall be valid until 60(sixty) days after the Defects
Liability Period. The Additional Performance Security shall be valid until 28
(twenty eight) days after Project Completion Date.
2.21.3 The Selected Bidder has the option to provide 50% of the Performance Security
and 50% of the Additional Performance Security, if any, within 30 (thirty) days
of receipt of Letter of Acceptance, in any case before signing of the Contract
Agreement and the remaining Performance Security and Additional
Performance Security, if any, shall be submitted within 30 days of signing of the
agreement.
2.21.4 In the event the Selected Bidder fails to provide the remaining Performance
Security and Additional Performance Security, if any, as prescribed herein, it
may seek extension of time for a further period upto 60 days by paying the
Damages upfront along with the request letter seeking the extension. The
Damages shall be the sum calculated at the rate of 0.01% (zero point zero one per
cent) of the Bid Price offered by the Selected Bidder for each day until the
Performance Security and Additional Performance Security, if any, is provided
in full as prescribed herein. The damages at full rate as given above shall be
applicable even if a part of the Performance Security and the Additional
Performance Security is provided.
2.21.5 For avoidance of any doubt, in case of failure of submission of Performance
Security and Additional Performance Security, if any, within the additional 60
days’ time period, the award shall be deemed to be cancelled/ withdrawn and the
Bid Security shall be encashed and the proceeds thereof appropriated by the
Authority. Thereupon all rights, privileges, claims and entitlements of the
Contractor under or arising out 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.
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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 15.00 hours IST on
28.01.2023, at the place specified in Clause 2.11.4 (ii); and in the presence of the
Bidders who choose to attend. Technical BID of only those Bidders shall be online
opened whose documents listed at clause 2.11.2 of the RFP have been received
online. The Authority shall prepare minutes of the BID opening, including
information disclosed to those present at the time of BID opening.
3.1.2 Technical Bids of those Bidders, who have not submitted their Bid online, shall not
be considered for opening and evaluation.
3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained

in formats other than those specified herein, the Authority may, in its sole
discretion, exclude the relevant information for consideration of eligibility and
qualification of the Bidder.
3.1.4 To facilitate evaluation of Technical BIDs, the Authority may, at its sole discretion,
seek clarifications in writing from any Bidder regarding its Technical BID. Such
clarification(s) shall be provided within the time specified by the Authority for this
purpose. Any request for clarification(s) and all clarification(s) in response thereto
shall be in writing. The bids will be examined and evaluated in accordance with the
provisions set out in this Section 3. The Authority will subsequently flag issues, if
any with the data updated by the Bidders.
3.1.5 If a Bidder does not provide clarifications sought under Clause 3.1.4 above within
the prescribed time, its Bid may be liable to be rejected. In case the Bid is not
rejected, the Authority may proceed to evaluate the Bid by construing the
particulars requiring clarification to the best of its understanding, and the Bidder
shall be barred from subsequently questioning such interpretation of the Authority.
3.1.6 Tests of responsiveness
3.1.6.1 As a first step towards evaluation of Technical BIDs, the Authority shall determine
whether each Technical BID is responsive to the requirements of this RFP. A
Technical BID shall be considered responsive only if:
(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI(Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received online on CPPP as mentioned;
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(c) Technical Bid is accompanied by the BID Security as specified in Clause 1.2.4
and 2.20;
(d) The Power of Attorney is uploaded on e-procurement portal as specified in
Clauses 2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of Joint
Venture and the Joint Bidding Agreement as specified in Clause 2.1.6, if so
required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Copy of online paid receipt of Rs. 11,800/- Rupees Eleven Thousand Eight
CNRB0000798 towards cost of Bid document
Evaluation of bids can be carried out with the available uploaded scanned
copies of original documents as per RFP requirement. However, the successful
bidder has to submit the original documents physically to the concerned
authority before issuance of LOA.
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.
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3.3 Selection of Bidder
3.3.1 Subject to the provision of Clause 2.16.1, the bidder whose BID is adjusted as
responsive in terms of Clause 3.1.6. The bidder shall be declared as (the “Selected
Bidder”) in pursuance to the procedure defined hereunder:
(i) Among all the responsive bidder, the lowest bidder will be termed as L1. If L1 is
‘Class-I Local Supplier’, the contract will be awarded to L1.
(ii) If L1 is not ‘Class-I local supplier’, the lowest bidder among the ‘Class-I local
supplier’, will be invited to match L1 price subject to class-I local suppliers
quoted price falling within the margin of purchase preference, and the contract
will be awarded to such ‘Class-I local supplier’ subject to matching the L1 price.
(iii) In case such lowest eligible ‘Class-I local suppliers’ fails to matched the L1
piece, the ‘Class-I local supplier’ with the next higher bid with in the margin of
the purchase preference shall be invited to matched 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 L1 bidder.
‘Margin of purchase preference’ means the maximum extent to which the price is
quoted by a ‘Class-I local supplier’ may be above the L1 for the purpose of the
purchase preference. The margin of the 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.
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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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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
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(e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a
full and fair competition in the Bidding Process.
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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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SECTION-6
MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with,
the laws of India and the Courts at [New Delhi] shall have exclusive jurisdiction
over all disputes arising under, pursuant to and/ or in connection with the
Bidding Process.
6.2 The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further
information;
(c) retain any information and/ or evidence submitted to the Authority by,
on behalf of, and/ or in relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Bidder.
6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs, expenses
or liabilities in any way related to or arising from the exercise of any rights and/
or performance of any obligations hereunder, pursuant hereto and/ or in
connection with the Bidding Process and waives, to the fullest extent permitted
by applicable laws, any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or in future.
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APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)
To,
The Engineer-in-Chief (R&B),
NH, CRF& BLDGS,
Errammanzil, Hyderabad,
Telangana State.
Sub: BID for “Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 – 4
Nizamabad – Jagdalpur section of NH-63 in the state of Telangana”.
Dear Sir,
1. With reference to your RFP document dated *** **$, I/we, having examined the
Bidding Documents and understood their contents, hereby submit my/our BID for
the aforesaid Project. The BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided

in the BID and the documents accompanying the BID for selection of the
Contractor for the aforesaid Project, and we certify that all information provided
in the Bid and its the Annexure I to VI along with the supporting documents are
true and correct; nothing has been omitted which renders such information
misleading; and all documents accompanying the BID are true copies of their
respective originals.
3. This statement is made for the express purpose of our selection as EPC Contractor
for the development, construction, rehabilitation and augmentation of the
aforesaid Project and maintenance of the Project during the Defect Liability
Period.
4. I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the BID.
5. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account 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:
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(a) I/We have examined and have no reservations to the Bidding Documents,
including any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c)
and 2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 4.3 of the RFP document,
in respect of any tender or request for proposal issued by or any Agreement
entered into with the Authority or any other public sector enterprise or any
government, Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on our
behalf has engaged or will engage in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the
RFP for the Project and information mentioned for the evaluation of the BID
Capacity in Annexure VI were true and correct as on the date of making the
Application and are also true and correct as on the BID Due Date and I/we
shall continue to abide by them.
8. I/We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any BID that you may receive nor to invite the
Bidders to BID for the Project, without incurring any liability to the Bidders, in
accordance with Clause 2.16.2 of the RFP document.
9. I/We believe that we/our Joint Venture satisfy(s) the Threshold Technical
Capacity, Net Worth criteria and meet(s) the requirements as specified in the RFP
document.
10. I/We declare that we/ any Member of the Joint Venture or our/Joint Venture
member, are not a Member of any other Joint Venture submitting a BID for the
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.
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13. I/We further certify that no investigation by a regulatory authority is pending
either against us/any member of Joint Venture or against our CEO or any of our
directors/ managers/ employees.
14. I/We further certify that we are not disqualified in terms of the additional criteria
specified by the Department of Disinvestment in their OM No. 6/4/2001-DD-II
dated 13.7.01, a copy of which forms part of the RFP at Annexure VII of
Appendix-IA thereof.
15. I/We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification in terms of
the guidelines referred to above, we shall intimate the Authority of the same
immediately.
16. I/We further acknowledge and agree that in the event such change in control
occurs after signing of the Agreement upto its validity. It would, notwithstanding
anything to the contrary contained in the Agreement, be deemed a breach thereof,
and the Agreement shall be liable to be terminated without the Authority being
liable to us in any manner whatsoever.
17. I/ We hereby irrevocably waive any right or remedy which we may have at any
stage at law or howsoever otherwise arising to challenge or question any decision
taken by the Authority in connection with the selection of the Bidder, or in
connection with the Bidding Process itself, in respect of the above mentioned
Project and the terms and implementation thereof.
18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter
into a Agreement in accordance with the draft that has been provided to me/us
prior to the BID Due Date. We agree not to seek any changes in the aforesaid draft
and agree to abide by the same.
19. I/ We have studied all the Bidding Documents carefully and also surveyed the
[project highway and the traffic]. We understand that except to the extent as
expressly set for thin the Agreement, we shall have no claim, right or title arising
out of any documents or information provided to us by the Authority or in respect
of any matter arising out of or relating to the Bidding Process including the award
of Agreement.
20. I/ We offer a Electronic Bank Guarantee Rs. 12.00 lakhs (Rupees Twelve Lakhs only)
as per format at Appendix – II to the Authority in accordance with the RFP
Document.
21. The BID Security as per format at Appendix – II is attached.
22. The documents accompanying the Technical BID, as specified in Clause 2.11.1 of
the RFP, have been submitted in separate files.
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23. I/ We agree and understand that the BID is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if
the Project / Contract is not awarded to me/us or our BID is not opened or
rejected.
24. The BID Price has been quoted by me/us after taking into consideration all the
terms and conditions stated in the RFP, draft Agreement, our own estimates of
costs and after a careful assessment of the site and all the conditions that may affect
the project cost and implementation of the project.
25. I/ We agree and undertake to abide by all the terms and conditions of the RFP
document.
26. {We, the Joint Venture agree and undertake to be jointly and severally liable for.
all the obligations of the EPC Contractor under the Contract Agreement}.
27. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the
BID Due Date specified in the RFP.
28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid
for undertaking the aforesaid Project in accordance with the Bidding Documents
and the Agreement.
In witness thereof, I/We submit this BID under and in accordance with the terms of
the RFP document.
Date:
Place:
Yours faithfully,
(Signature, name and designation 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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APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
To,
NH, CRF& BLDGS,
Telangana State.
Sub: BID for “Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 – 4
Nizamabad – Jagdalpur section of NH-63 in the state of Telangana”.
Dear Sir,
1. With reference to your RFP document dated *******, I/we, having examined the
Bidding Documents and understood their contents, hereby submit my/our BID for
the aforesaid Project. The BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided
in the BID and the documents accompanying the BID for selection of the
Contractor for the aforesaid Project, and we certify that all information provided
in the Bid are true and correct; nothing has been omitted which renders such
information misleading; and all documents accompanying the BID are true copies
of their respective originals.
3. The BID Price has been quoted by me/us after taking into consideration all the
terms and conditions stated in the RFP, draft Agreement, our own estimates of
costs and after a careful assessment of the site and all the conditions that may affect
the project cost and implementation of the project.
4. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter
into a Agreement in accordance with the draft that has been provided to me/us
prior to the BID Due Date. We agree not to seek any changes in the aforesaid draft
and agree to abide by the same.
6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the
BID Due Date specified in the RFP.
7. I/ We hereby submit our BID and offer a BID Price Rs. .........................................
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(Rs. ..................................... in words) for undertaking the aforesaid Project in
accordance with the Bidding Documents and the Agreement.
Yours faithfully,
Date:
Place: (Signature, name and designation of the Authorised signatory)
Name & seal of Bidder/Lead Member
Class III DSC ID of Authorised Signatory: ……
Appendix IA
Annex-I
RFP 58
of Telangana
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* {Refer Clause Share of work in the Project
No. 2.1.11(d)}$ {Refer Clauses 2.1.11(a), (f) & (g)}
1.
2.
3.
* The role of each Member, as may be determined by the Applicant,
should be indicated in accordance with instruction 4 at Annex-IV.
$ All provisions contained in curly parenthesis shall be suitably modified by the Applicant to
reflect the particulars relating to such Applicant.
Appendix IA
Annex-I
RFP 59
of Telangana
(d) The following information shall also be provided w.r.t para 2.1.14 for each
Member of the Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl.
No. Criteria Yes/No
1. Has the Bidder/ constituent of the Joint Venture
been barred by the Ministry of Road Transport &
Highways or its implementing agencies for the
works of Expressways, National Highways, ISC and
El works, from participating in bidding.
2 If the answer to 1 is yes, does the bar subsist as on
BID due date.
6(a) I/ We certify that in the last two years, we/ any of the JV partners have neither
failed to perform for the works of Expressways, National Highways, ISC & EI works, as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitral award against us, nor been expelled or terminated by
Ministry of Road Transport & Highways or its implementing agencies for breach on our
part.
(b) I/ We certify that we/ any of the JV partners do not fall in any of the categories
of being a Non-Performing entity given at Clause 2.1.14 of Instructions to Bidders in
the projects of Expressways, National Highways, ISC and EI works of Ministry of Road
Transport & Highways or its implementing agencies and furnished the complete
details.
7(a) I/ We further certify that no investigation by a regulatory authority is pending

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

Categories of Non-Performer
No. Projects
(i) Fails to set up institutional mechanism and procedure as per
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of Telangana
Sr. Name of the
No. Projects
contract.
(ii) Fails to mobilize key construction equipment within a
period of 4 months from the Appointed Date.
(iii) Fails to complete or has missed any milestone and progress
not commensurate with contiguous unencumbered project
length /ROW available even after lapse of 6 months from
respective project milestone/Schedule Completion date,
unless Extension of Time has been granted due to
Authority’s Default or Force Majeure.
(iv) Fails to achieve progress commensurate with funds released
from Escrow Account (Equity + Debt + Grant) in BOT or
HAM project and variation is more than 25% in the last 365
days.
(v) Fails to achieve the target progress or complete the project as
per schedule agreed at the time of sanctioning of funds
under One Time Funds Infusion (OTFI) or relaxations to
contract conditions to improve cash flow solely on account
of Concessionaire's/contractor’s failure/default.
(vi) Fails to complete rectification (excluding minor
rectifications) as per time given in non-conformity reports
(NCR) in design/completed works/maintenance or reported
in Inspection Reports issued by Quality Inspectors deployed
by the Authority or Officers of the Authority.
(vii) Fails to complete minor rectifications exceeding 3 instances
in a project as per time given in non-conformity reports
(NCR) in design/completed works/maintenance.
(viii) Fails to fulfill its obligations to maintain a highway in a
satisfactory condition in spite of two rectification notices
issued in this regard.
(ix) Damages/penalties recommended by _
Independent/Authority’s Engineer during O&M Period and
remedial works are still not taken up.
(x) Fails to complete Punch list items even after lapse of time
for completion of such items excluding delays attributable to
the Authority.
(xi) Occurrence of minor failure of structures/highway due to
construction defect wherein no causalities are reported
(causalities include injuries to human being / animals).
(xii) Occurrence of major failure of structures/highway due to
construction defect wherein no casualties are reported
(causalities include injuries to human being / animals).
(xiii) Occurrence of major failure of structures/highway due to
construction defect leading to loss of human _ lives besides
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Sr. Name of the
No. Projects
loss of reputation etc. of the authority.
(xiv) Fails to make premium payments excluding the current
instalment in one or more projects.
(xv) Fails to achieve financial closure in two or more projects
within the given or extended period (which shall not be
more than six months in any case).
(xvi) Fails to submit the Performance Security within the
permissible time period in more than one project.
(xvii) Rated as an unsatisfactory performing entity/ non-
performing entity by an independent third-party agency and
so notified on the website of the Authority.
(xviii) Failed to perform for the works of Expressways, National
Highways, ISC & El works in the last 2(two) years, as
evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitral
award against the Bidder, including individual or any of its
Joint Venture Member, as the case may be.
(xix) Expelled from the contract or the contract terminated by the
Ministry of Road Transport & Highways or its implementing
agencies for breach by such Bidder, including individual or
any of its Joint Venture Member; Provided that any such
decision of expulsion or termination of contract leading to
debarring of the Bidder from further participation in bids for
the prescribed period should have been ordered after
affording an opportunity of hearing to such party.
(xx) Fails to start the works or causes delay in maintenance &
repair/overlay of the project.
I/ We certify that the list is complete and covers all the projects of Expressways,
National Highways, ISC and EI works of Ministry of Road Transport & Highways or its
implementing agencies and that we/ any of the JV partners do not fall in any of the
above categories of being a Non-Performing entity.
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………………..
Annex-II
ANNEX-II
RFP 62
of Telangana
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 ** (**)14 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.
14The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the
Reserve Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight)
days prior to the Application Due Date.
NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I shall
be provided separately for other Members so as to establish that each such Member has 20
percent or more of the Threshold Technical Capacity. (Refer Clause 2.2.2.4).
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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 Year 5 Annual
(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
Ventur
e
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).
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of Telangana
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.
3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet,
but does not include reserves created out of revaluation of assets, write-back of
depreciation and amalgamation.
4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2
shall be the year immediately preceding Year 1 and so on. In case the Bid Due Date
falls within 3 (three) months of the close of the latest financial year, refer to Clause
2.1.13.
5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with Clause 2.1.15 (g) of the RFP document.
6. The Bidder shall also provide the name and address of the Bankers to the Bidder.
7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the
Bidder and also specifying the methodology adopted for calculating such net worth
in accordance with Clause 2.2.2.9 (ii) of the RFP document.
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Telangana
Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of the
Instruction Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work
executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer,
and/or
(b) revenues appropriated for self construction under
PPP projects
Entity for which the project was
constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information provided in this
section is intended to serve as a backup for information provided in the Application.
Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for each
Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to be
provided here should indicate the break-up for the past 5 (five) financial years. Year 1
refers to the financial year immediately preceding the Bid Due Date; Year 2 refers to the
year before Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause
2.1.13). For Categories 1 and 2, expenditure on construction of the project by the
Applicant itself should be provided, but only in respect of projects having an estimated
capital cost exceeding the amount specified in Clause 2.2.2.6(i)(c). In case of Categories
3 and 4, payments received only in respect of construction should be provided, but only
if the amount received exceeds the minimum specified in Clause 2.2.2.6(ii). Receipts for
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Telangana
construction works should only include capital expenditure, and should not include
expenditure on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
concession etc.) may be provided. In case of projects in Categories 3 and 4, similar
particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and
2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion,
should be indicated. In case of Categories 3 and 4, date of completion of construction
should be indicated. In the case of projects under construction, the likely date of
completion or commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning
the Eligible Project, held continuously during the period for which Eligible Experience
is claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice. In
other words, no double counting in respect of the same experience shall be permitted in
any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that do not
have statutory auditors, the auditors who audit the annual accounts of the Bidder may
provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a
certificate from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d) :

Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it, this is
to certify that …………………….. (name of the Bidder) is/ was an equity shareholder in …
…………….. (title of the project company) and holds/held Rs. ……… cr. (Rupees ……
………. crore) of equity (which constitutes ……..%€ of the total 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 (d) by the aforesaid Applicant itself, during the past five financial years
as per year-wise details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)
$ In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.
£ Refer Clause 2.2.2.5 of the RFP.
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Telangana

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).”

14. If the Bidder is claiming experience under Category 3 & 4 , as per Clauses 2.2.2.5 and
2.2.2.6(ii) of the RFP, it should provide a certificate from its Statutory Auditor/client/
Engineer-in charge/ Independent Engineer/Authority’s Engineer in the format below:

Certificate regarding construction works
Based on its books of accounts and other published information authenticated by it,
This is to certify that ……………………..(name of the Bidder) was engaged by ……
……….. (title of the project company) to execute ……………… (name of project)
for …………………. (nature of project). The construction of the project commenced
on…….. (date) and the project was/ is likely to be commissioned on ………… (date,
if any). It is certified that Bidder received payments from its Clients for Construction
Works executed by them or work executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer, in the aforesaid construction works.
We further certify that the total estimated capital cost of the project is Rs. …… cr.
(Rupees …………………crore), of which the Applicant received or has executed the
work as certified by the Engineer-in-charge/Independent Engineer/Authority’s
Engineer Rs. ….. cr. (Rupees ……………………… crore), during the past five
financial years as per year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of the
Applicant who undertook these works as a partner or a member of joint venture.
We further certify that applicant has a share of ____ in the Joint Venture/Consortium.
(Authorized Signatory)
Date:
15. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of the relevant
project in computation of Experience.

Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company. However, in case the work of
other member(s) is also executed by the applicant, then this fact should also be certified by the Statutory Auditor
and accordingly the language may be suitably modified.

This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture. This
portion may be omitted if the contract did not involve a partnership/ joint venture. In case where work is not
executed by partnership/ joint venture, this paragraph may be deleted.
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Appendix -IA
Annex-V
ANNEX-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/ Lead Member of Joint Venture)
Ref. Date:
To,
NH, CRF& BLDGS,
Telangana State.
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
RFP 69
Telangana
Annexure-VI
Information required to evaluate the BID Capacity under clause 2.2.2.1:
To calculate the value of “A” and “C”
1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by the Bidder
during the last 5 years is as follows (the amount of bonus received, if any, shall be
indicated separately):
2.
Value of Civil Engg. Works Net Value
Amount of
Sl. undertaken w.r.t. EPC Excluding
Year Bonus (Rs.
No. Projects including bonus, if bonus (Rs. in
in Crores)
any (Rs. in Crores) Crores)
1 2021-22/2021
2 2020-21/2020
3 2019-20/2019
4 2018-19/2018
5 2017-18/2017
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. Factor Bonus (Rs. in Crores)
in Cr)
1 2021-22/2021 1.00
2 2020-21/2020 1.05
3 2019-20/2019 1.10
4 2018-19/2018 1.15
5 2017-18/2017 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Seal of Signature, name and designation of Authorised
the audit firm: (Signature, name and Signatory
designation and Membership No. of For and on behalf of ……………… (Name of
authorised signatory. the Bidder)
Date:
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 ** years is as follows:
Dater of Value of
Name Percentage of start / Construction Balance Balance value of
contract Value of Anticipated
Sl. of participation appointed period as per value of work at 2021-
as per work date of
No. Project/ of Bidder in date of Agreement/ work to be 22/2021 price
Agreement completed completion
Work the project LOA completed level
project /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. / Calender year Updation Factor
1 2021-22/2021 1.00
2 2020-21/2020 1.05
3 2019-20/2019 1.10
4 2018-19/2018 1.15
5 2017-18/2017 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
For and on behalf of ……………… (Name and designation and Membership No. of
of the Bidder) authorised signatory)
Date:
Place:
β In case balance period of construction is less than the value of period of construction of the project for which
bid is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of work
to be completed in the period of construction of the project for which bid is invited is to be mentioned. In the
absence of the anticipated value of work to be completed, the proportionate value shall be considered while
evaluating the Assessed Available Bid Capacity.
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of Telangana
APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)
No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
Dated 13th July, 2001.
OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for Bidders interested in PSE-disinvestment so that the parties selected
through competitive bidding could inspire public confidence. Earlier, criteria like net worth,
experience etc. used to be prescribed. Based on experience and in consultation with
concerned departments, Government has decided to prescribe the following additional
criteria for the qualification/ disqualification of the parties seeking to acquire stakes in public
sector enterprises through disinvestment:
(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory
authority that casts a doubt on the ability of the Bidder to manage the public
sector unit when it is disinvested, or which relates to a grave offence would
constitute disqualification. Grave offence is defined to be of such a nature that
it outrages the moral sense of the community. The decision in regard to the
nature of the offence would be taken on case to case basis after considering the
facts of the case and relevant legal principles, by the Government of India.
(b) In regard to matters relating to the security and integrity of the country, any
charge-sheet by an agency of the Government/ conviction by a Court of Law
for an offence committed by the bidding party or by any sister concern of the
bidding party would result in disqualification. The decision in regard to the
relationship between the sister concerns would be taken, based on the relevant
facts and after examining whether the two concerns are substantially
controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment process,
would not be allowed to remain associated with it or get associated merely
because it has preferred an appeal against the order based on which it has been
disqualified. The mere pendency of appeal will have no effect on the
disqualification.
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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: __________________
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of Telangana
APPENDIX - II
Bank Guarantee for BID Security
(Refer Clauses 2.20)
B.G. No. Dated:
1. In consideration of you, the Engineer-in-Chief (R&B), NH, CRF & Buildings,

Errummanzil, Hyderabad acting through Superintending Engineer (R&B) NH Circle,
Karimnagar (the “Authority”), (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 “Improvement of T Junction at Blackspot location TG-02-365 Km.
167/2 – 4 (Municipal Madarywada Junction) from (Km 166/670 to Km 168/325) on
Nizamabad – Jagdalpur section of NH-63 in the state of Telangana” (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).
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4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one
hundred and eighty) days from the BID Due Date inclusive of a claim period of 60
(sixty) days or for such extended period as may be mutually agreed between the
Authority and the Bidder, and agreed to by the Bank, and shall continue to be
enforceable till all amounts under this Guarantee have been paid.
5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to
whether the Bidder is in default of due and faithful fulfilment and compliance with the
terms and conditions contained in the Bidding Documents including, inter alia, the
failure of the Bidder to keep its BID open during the BID validity period set forth in the
said Bidding Documents, and the decision of the Authority that the Bidder is in default as
aforesaid shall be final and binding on us, notwithstanding any differences between the
Authority and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator
or any other Authority.
6. The Guarantee shall not be affected by any change in the constitution or winding
up of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or
the Bank with any other
person.
7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the
Bank as the principal debtor. The Authority shall have the fullest liberty without
affecting in any way the liability of the Bank under this Guarantee from time to time to
vary any of the terms and conditions contained in the said Bidding Documents or to
extend time for submission of the BIDs or the BID validity period or the period for
conveying acceptance of Letter of Award by the Bidder or the period for fulfilment and
compliance with all or any of the terms and conditions contained in the said Bidding
Documents by the said Bidder or to postpone for any time and from time to time any of
the powers exercisable by it against the said Bidder and either to enforce or forbear from
enforcing any of the terms and conditions contained in the said Bidding Documents or
the securities available to the Authority, and the Bank shall not be released from its
liability under these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason 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
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against the Bank, notwithstanding any other security which the Authority may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealised.
11. We, the Bank, further undertake not to revoke this Guarantee during its currency
except with the previous express consent of the Authority in writing.
12. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorised and has full power
to execute this Guarantee for and on behalf of the Bank.
13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted
to Rs. *** 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 Superintending Engineer
(R&B) NH Circle
Karimnagar
2. Name of Bank State Bank of India,
Collectorate complex
branch,Karimnagar,TS
3. Account No. 62476002517
4. IFSC Code SBIN0020606
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 the
Project “Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 – 4
Jagdalpur section of NH-63 in the state of Telangana” proposed or being developed by
the Engineer in Chief (R&B) NH, CRF & Buildings, Telangana state (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)
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of Telangana
(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:………………
Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.
 Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders’ resolution/ power
of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to
be legalised by the Indian Embassy and notarised in the jurisdiction where the Power
of Attorney is being issued. However, the Power of Attorney provided by Bidders
from countries that have signed the Hague Legislation Convention 1961 are not
required to be legalised by the Indian Embassy if it carries a conforming Appostille
certificate.
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of Telangana
APPENDIX-IV
Format for Power of Attorney for Lead Member of Joint Venture
Whereas the National Highway Authority of India (“the Authority”) has invited BIDs for
the “Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 – 4
Jagdalpur section of NH-63 in the state of Telangana” (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
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Joint Venture in all its dealings with the Authority, and/ or any other Government
Agency or any person, in all matters in connection with or relating to or arising out of
the Joint Venture’s BID for the in all respect Project and/ or upon award thereof till the
EPC Contract is entered into with the Authority & Compelled.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise of
the powers conferred by this Power of Attorney and that all acts, deeds and things done
by our said Attorney in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us/ Joint Venture.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…
For …………………….. For …………………….. For ……………………..
(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(To be executed by all the Members of the Joint Venture)
Witnesses:
1.
2.
Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
 Also, wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders’ resolution/ power of
attorney in favour of the person executing this Power of Attorney for the delegation of
power hereunder on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalised by the Indian Embassy if it carries a conforming Appostille certificate.
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of Telangana
APPENDIX V
Format for Joint Bidding Agreement for Joint Venture
(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
AND
3. {………… Limited, and having its registered office at …………} (hereinafter

referred to as the “Third Part” which expression shall, unless repugnant to the context
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 Highway Authority of India through Roads & Buildings
Department, Government of Telangana represented by Engineer-in-Chief (R&B),
NH, CRF & Buildings, Errummanzil, Hyderabad acting through Superintending
Engineer (R&B) NH Circle, Karimnagar (the “Authority”) (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 Improvement of T Junction at Blackspot location
TG-02-365 Km. 167/2 – 4 (Municipal Madarywada Junction) from (Km 166/670 to
Km 168/325) on Nizamabad – Jagdalpur section of NH-63 in the state of
Telangana.
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of Telangana
(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the RFP document
and other bid documents in respect of the Project, and
(C) It is a necessary condition under the RFP document that the members of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof
with the Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the RFP.
2. Joint Venture
2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”)
for the purposes of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through
this Joint Venture and not individually and/ or through any other Joint Venture
constituted for this Project, either directly or indirectly.
3. Covenants
The Parties hereby undertake that in the event the Joint Venture is declared the
selected Bidder and awarded the Project, it shall enter into an EPC Contract with
the Authority for performing all its obligations as the Contractor in terms of the
EPC Contract for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as

described below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and shall
have the power of attorney from all Parties for conducting all business for and on
behalf of the Joint Venture during the Bidding Process and for performing all its
obligations as the Contractor in terms of the EPC Contract for the Project;
(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
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The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms
of the RFP and the EPC Contract, till such time as the completion of the Project is
achieved under and in accordance with the EPC Contract.
6. Share of work in the Project
The Parties agree that the proportion of construction in the EPC Contract to be
allocated among the members shall be as follows:
First Party:
Second Party:
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty one)
per cent of the total length of the project highway if the Contract is allocated to
the Joint Venture.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing under
the laws of its incorporation and has all requisite power and authority to
enter into this Agreement;
(b) The execution, delivery and performance by such Party of this Agreement
has been authorised by all necessary and appropriate corporate or
governmental action and a copy of the extract of the charter documents
and board resolution/ power of attorney in favour of the person executing
this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member is annexed to this
Agreement, and will not, to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having

applicability to it;
(iii) violate the memorandum and articles of association, by-laws or

other applicable organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other

governmental authorisation, approval, judgement, order or decree
or any mortgage agreement, indenture or any other instrument to
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which such Party is a party or by which such Party or any of its

properties or assets are bound or that is otherwise applicable to such
Party; or
(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or Encumbrances or obligations to create a lien,
charge, pledge, security interest, encumbrances or mortgage in or on
the property of such Party, except for encumbrances that would not,
individually or in the aggregate, have a material adverse effect on
the financial condition or prospects or business of such Party so as to
prevent such Party from fulfilling its obligations under this
Agreement;
(c) this Agreement is the legal and binding obligation of such Party,
enforceable in accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's
knowledge, threatened to which it or any of its Affiliates is a party
that presently affects or which would have a material adverse effect
on the financial condition or prospects or business of such Party in
the fulfillment of its obligations under this Agreement.
8. Termination
This Agreement shall be effective from the date hereof and shall continue in
full force and effect until Project completion (the “Defects Liability Period”)
is achieved under and in accordance with the EPC Contract, in case the
Project is awarded to the Joint Venture. However, in case the Joint Venture
is either not pre-qualified for the Project or does not get selected for award
of the Project, the Agreement will stand terminated in case the Applicant is
not pre-qualified or upon return of the Bid Security by the Authority to the
Bidder, as the case may be.
9. Miscellaneous
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
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LEAD MEMBER by: SECOND PART THIRD PART

(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of:
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance
with the procedure, if any, laid down by the Applicable Law and the charter
documents of the executant(s) and when it is so required, the same should be under
common seal affixed in accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favour of the person
executing this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalised by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed.
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APPENDIX VI
INTEGRITY PACT FORMAT
(To be executed on plain paper and submitted along with Technical Bid/Tender documents
for tenders having a value of Rs. 5 cr or above for Consultancy projects and 100 cr. or above
for Construction projects. To be signed by the Bidder and same signatory competent/
authorized to sign the relevant contract on behalf of the MoRTH)
This integrity Pact is made at _____ on this _________day of ________2022 BETWEEN

[President of India through Ministry of Road Transport & Highways, Government of India
through Roads & Buildings Department, Government of Telangana represented by Engineer-
in-Chief (R&B), NH, CRF & Buildings, Errummanzil, Hyderabad acting through
Superintending Engineer (R&B) NH Circle, Karimnagar (the “Authority”) (hereinafter
referred to as the “Principal/Owner” which expression shall, unless repugnant to the context
or meaning thereof, include its administrators, successors and assigns)
AND
{Name and address of the Firm/Company}, (hereinafter referred to as “The Bidder(s)/
Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression shall unless repugnant
to be meaning or context thereof include its successors and permitted assigns.)
Preamble
Whereas, the Principal has floated the Tender {NIT No……….dtd…………………..}
(hereinafter
referred to as “Tender/Bid”) and intends to award, under laid down organizational procedure,
contract/s for {Name of the work} (hereinafter referred to as the “Contract”).
And Whereas the Principal values full compliance with all relevant laws of the land, rules of
land, regulations, economic use of resources and of fairness/ transparency in its relations
with its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and contract
between the parties. Now, therefore, in consideration of mutual covenants contained in this
pact, the parties hereby agree as follows and this pact witnesses as under:
Article-1: Commitments of the Principal

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

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

Nationality shall furnish the name and address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting
his bid, disclose any and all payments he has made, is committed to or intends to
make to agents, brokers or any other intermediaries in connection with the award of
the contract. He shall also disclose the details of services agreed upon for such
payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any
outside influence through any Govt. bodies/quarters directly or indirectly on the
bidding process in furtherance of his bid.
Article - 3 Disqualification from tender process and exclusion from future contracts.
(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), before award or
during execution has committed a transgression through a violation of any provision
of Article-2, above or in any other form such as to put his reliability or credibility in
question, the Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a
transgression through a violation of Article-2 such as to put his reliability or
credibility into question, the Principal shall be entitled to exclude including blacklist
and put on holiday the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) for
any future tenders/ contract award process. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity will be
determined by the Principal taking into consideration the full facts and circumstances
of each case particularly taking into account the number of transgressions, the
position of the transgressors within the company hierarchy of the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) and the amount of the damage. The
exclusion will be imposed for a maximum of 3 years.
(3) A transgression is considered to have occurred if the Principal after due consideration
of the available evidence concludes that “On the basis of facts available there are no
material doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent
and without any influence agrees and undertakes to respect and uphold the
Principal’s absolute rights to resort to and impose such exclusion and further accepts
and undertakes not to challenge or question such exclusion 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.
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(5) The decision of the Principal to the effect that a breach of the provisions of this
Integrity Pact has been committed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s)shall be final and binding on the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s), however, the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) can approach IEM(s) appointed for the purpose of
this Pact.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation of
integrity pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall not
be entitled for any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) could be revoked by the Principal if
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)can prove that he has
restored/ recouped the damage caused by him and has installed a suitable corruption
prevention system in his organization.
Article – 4: Compensation for Damages.

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest
Money Deposit/ Bid Security or demand and recover the damages equivalent to
Earnest Money Deposit/ Bid Security apart from any other legal right that may have
accrued to the Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to
forfeit the Performance Bank Guarantee of the Contractor/ Concessionaire/
Consultant and/ or demand and recover liquidated and all damages as per the
provisions of the contract/concession agreement against Termination.
Article – 5: Previous Transgressions

(1) The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any
country conforming to the anti corruption/ Transparency International (TI) approach
or with any other Public Sector Enterprise/ Undertaking in India or any Government
Department in India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
the tender process or action for his exclusion can be taken as mentioned under
Article-3 above for transgressions of Article-2 and shall be liable for compensation for
damages as per Article-4 above.
Article – 6: Equal treatment of all Bidders/ Contractors/ Concessionaires/ Consultants/

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

demand from all sub-contractors a commitment in conformity with this Integrity
Pact, and to submit it to the Principal before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders/ Contractors/ Concessionaires/ Consultants and subcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this
Pact or violate its provisions.
Article – 7: Criminal charges against violating Bidder(s)/ Contractor(s)/ Concessionaire(s)/

Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a
Bidder/ Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed Shri R.S. Gujral as Independent External Monitor (herein
after referred to as “Monitor”) for this Pact. The task of the Monitor is to review
independently and objectively, whether and to what extent the parties comply with
the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Director
General (Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the
Monitor has the right to access without restriction to all project documentation of the
Principal including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)will also
grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is
applicable to Subcontractors. The Monitor is under contractual obligation to treat the
information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with
confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an impact
on the contractual relations between the Principal and the Contractor. The parties
offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Management of the Principal and request the Management to
discontinue or take corrective action, or to take other relevant action. The monitor
can in this regard submit non-binding recommendations. Beyond this, the Monitor
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has no right to demand from the parties that they act in a specific manner, refrain
from action or tolerate action.
(6) The Monitor will submit a written report to the Director General (Road
Development) & Special Secretary within 8 to 10 weeks from the date of reference or
intimation to him by the Principal and, should the occasion arise, submit proposals
for correcting problematic situations.
(7) If the Monitor has reported to the Director General (Road Development) & Special
Secretary, a substantiated suspicion of an offence under relevant IPC/PC Act, and the
Director General (Road Development) & Special Secretary has not, within the
reasonable time taken visible action to proceed against such offence or reported it to
the Chief Vigilance Officer, the Monitor may also transmit this information directly
to the Central Vigilance Commissioner.
(8) The word 'Monitor' would include both singular and plural.
Article – 9 Pact Duration

This Pact begins when both parties have legally signed it (in case of EPC i.e. for projects
funded by Principal and consultancy services). It expires for the Contractor/ Consultant 12
months after his Defect Liability Period is over or 12 months after his last payment under the
contract whichever is later and for all other unsuccessful Bidders 6 months after this
Contract has been awarded. (In case of BOT Projects) It expires for the concessionaire 24
months after his concession period is over and for all other unsuccessful Bidders 6 months
after this Contract has been awarded.
If any claim is made/ lodged during his time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/ determined by
Director General (Road Development) & Special Secretary.
Article - 10 Other Provisions.

(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.
(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a
consortium Joint Venture partner, this pact must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to come
to an agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to term of this pact,
any action taken by the Principal in accordance with this Pact or interpretation
thereof shall not be subject to any Arbitration.
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(6) The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provision of the extent law in force
relating to any civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first
done mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/ Contractor/
Concessionaire/ Consultant )
(Office Seal )
Place________
Date_________
Witness 1 : (Name & Address):
Witness 2 : (Name & Address):
{COUNTERSIGNED and accepted by:
JV Partner}
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Appendix-VII
(See Clauses 2.21)
FORM OF BANK GUARANTEE
[Performance Security/Additional Performance Security]
To,
The Superintending Engineer(R&B)
NH Circle Karimnagar,
Karimnagar, Telangana.
WHEREAS________________________________________[name and address of Contractor]

(hereafter called the “Contractor”) has undertaken, in pursuance of Letter of Acceptance
(LOA) No. _______________ Dated _____________ for construction of ___________
____________________ [name of the Project] (hereinafter called the “Contract”).
AND WHEREAS the Contract requires the Contractor to furnish an {Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under
and in accordance with the Contract, during the {Construction Period/ Defects Liability
Period and Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the
“Guarantee Amount”15).
AND WHEREAS we, ………………….. through our branch at …………………. (the “Bank”)
have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by way of
Performance Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/ Defects Liability
Period and Maintenance Period} under and in accordance with the Contract, and agrees and
undertakes to pay to the Authority, upon its mere first written demand, and without any
demur, reservation, recourse, contest or protest, and without any reference to the Contractor,
such sum or sums up to an aggregate sum of the Guarantee Amount as the Authority shall
claim, without the Authority being required to prove or to show grounds or reasons for its
demand and/or for the sum specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of
[Superintending Engineer of Ministry of Road Transport & Highways], that the Contractor
has committed default in the due and faithful performance of all or any of its obligations
under and in accordance with the Contract shall be conclusive, final and binding on the
Bank. The Bank further agrees that the Authority shall be the sole judge as to whether the
Contractor is in default in due and faithful performance of its obligations during and under
the Contract and its decision that the Contractor is in default shall be final and binding on
the Bank, notwithstanding any differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other authority
or body, or by the discharge of the Contractor for any reason whatsoever.
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15 Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as
per Contract.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor and/or
the Bank, whether by their absorption with any other body or corporation or otherwise, shall
not in any way or manner affect the liability or obligation of the Bank under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority
to proceed against the 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, fulfilment and/ or performance of all
or any of the obligations of the Contractor contained in the Contract or to postpone for any
time, and from time to time, any of the rights and powers exercisable by the Authority against
the Contractor, and either to enforce or forbear from enforcing any of the terms and
conditions contained in the Contract and/or the securities available to the Authority, and the
Bank shall not be released from its liability and obligation under these presents by any
exercise by the Authority of the liberty with reference to the matters aforesaid or by reason of
time being given to the Contractor or any other forbearance, indulgence, act or omission on
the part of the Authority or of any other matter or thing whatsoever which under any law
relating to sureties and guarantors would but for this provision have the effect of releasing the
Bank from its liability and obligation under this Guarantee and the Bank hereby waives all of
its rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or

security now or which may hereafter be held by the Authority in respect of or relating to the
Contract or for the fulfilment, compliance and/or performance of all or any of the obligations
of the Contractor under the Contract.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under

this Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force
for the period specified in paragraph 8 below and unless a demand or claim in writing is made
by the Authority on the Bank under this Guarantee all rights of the Authority under this
Guarantee shall be forfeited and the Bank shall be relieved from its liabilities hereunder.
8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand or claim
under this Guarantee is made in writing before expiry of the Guarantee, the Bank shall be
discharged from its liabilities hereunder.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with
the previous express consent of the Authority in writing, and declares and warrants that it has
the power to issue this Guarantee and the undersigned has full powers to do so on behalf of
the Bank.
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$Insertdate 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.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been duly
authorized to receive such notice and to effect payment thereof forthwith, and if sent by post
it shall be deemed to have been given at the time when it ought to have been delivered in due
course of post and in proving such notice, when given by post, it shall be sufficient to prove
that the envelope containing the notice was posted and a certificate signed by an officer of the
Authority that the envelope was so posted shall be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect for up to the date specified in paragraph 8 above or until it is released earlier by
the Authority pursuant to the provisions of the Contract.
12. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under
Article 15(a) is hereby excluded.
Signed and sealed this ………. day of ……….., 20……… at ………..
SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
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Appendix-VIII
(See Clauses 3.3.4)
Format of LOA
No. ________________________
Government of India
Ministry of Road Transport & Highways
Through
Roads & Buildings Department, Government of Telangana
Dated,
To,
{Name of selected Bidder}
Subject: {project description} - Letter of Acceptance (LOA)-Reg.
Reference: Your bid for the subject work dated ……………..
Sir,
1. This is to notify you that your Bid dated ………… for execution of the {project
description}, at your quoted bid price amounting to Rs. ……………./- {amount in words}
has been determined to be the lowest evaluated bid and is substantially responsive and
has been accepted.
2. You are requested to return a duplicate of the LOA as an acknowledgement and sign the
Contract Agreement within the period prescribed in Clause 1.3 of the RFP.
3. You are also requested to furnish Performance Security for an amount of
…………………. {and Additional Performance Security for an amount of
……………………….} as per Clause 2.21 of the RFP within 30 (thirty) days of receipt of
this Letter of Acceptance (LOA). In case of delay in submission of Performance Security
and Additional Performance Security, if any, you may seek extension of time for a period
not exceeding 60 (Sixty) days in accordance with Clause 2.21 of RFP.
4. In case of failure of submission of Performance Security, Additional Performance
Security (if any) and Security against Damages (if any) within the additional 60 (Sixty)
days time period, the award shall be deemed to be cancelled and Bid Security shall be
encashed by the Authority as per Clause 2.21 of the RFP.
Yours faithfully,
{authorized signatory}
Accepted By
(Name of the Authorized person)

(Name of the sole bidder/lead partner of JV)
Seal of the bidder
RFP 97

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Request for Proposal

Name of the Work: Improvement of T Junction at

Engineering, Procurement & Construction (EPC)

NATIONAL HIGHWAYS CIRCLE

Contents Page No.

C Preparation and Submission of BIDs 27

3 Evaluation of Technical and Opening & Evaluation of financial Bids 35

GOVERNMENT OF INDIA (NATIONAL HIGHWAY AUTHORITY OF INDIA)

NIT No. SE(R&B)/NH/KMNR/51/2022-23, Dt: 27.12.2022.

RFP for “Improvement of T Junction at Blackspot location TG-02-365 Km. 167/2 – 4

The Roads and Buildings Department, Government of Telangana represented by Engineer-

Superintending Engineer (R&B)

Agreement As defined in Clause 1.1.4

Length Estimated No of months

sign boards of minimum 10 No’s, Mandatory/Regulatory sign boards of minimum

1.2 Brief description of Bidding Process

the Project is being provided only as a preliminary reference document by way of

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Sl. Event Description Date

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

2.1.9 This RFP is not transferable.

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

Regulations, 2011, or any substitute thereof, as in force on the date of such

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

(ii) Fails to mobilize key construction equipment within a period of 4 months

(vi) Fails to complete rectification (excluding minor rectifications) as per time

(vii) Fails to complete minor rectifications exceeding 3 instances in a project as

(viii) Fails to fulfill its obligations to maintain a highway in a satisfactory

(ix) Damages/penalties recommended by Independent/Authority’s Engineer

(xi) Occurrence of minor failure of structures/highway due to construction

(xii) Occurrence of major failure of structures/highway due to construction

(xiii) Occurrence of major failure of structures/highway due to construction

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

2.2. Eligibility and qualification requirements of Bidder

intermediary, which has shareholding in the Subject Person, the

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

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

c) An entity substantially controlled through entities incorporated, established

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

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

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

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

Year 2021-22 2020-21 2019-20 2018-19 2017-18

2.2.2.2 Technical Capacity

(A) For normal Highway project:

Sl. Estimated Project Cost (EPC) of the Threshold Technical

(B) For Stand-alone specialized projects: DELETED / NOT APPLICABLE

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

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

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

construction of Major Bridge/ROBs/Flyovers/Tunnel in the last 10 (Ten)

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

Note: The bidder shall mandatorily submit the experience certificates

(iii) For Stand-alone Specialized Projects: DELETED / NOT APPLICABLE

2.2.2.3 Financial Capacity:

Year 2021-22 2020-21 2019-20 2018-19 2017-18

2.2.2.4 In case of a Joint Venture:

Assessed Available BID capacity = (AN2.5 – B + C), Where