RFPFinal

Ministry of Road Transport & Highways,
(Govt. of India)
REQUEST FOR PROPOSAL

(Through CPP Portal)
For
“Construction of Twin Tube Uni-directional Aizawl Bypass Tunnel of

2.5 km and its approaches of 2.1 km from km 10.600 to km 15.200
(Package-2) on Sairang - Phaibawk section of NH-6 in the State of
Mizoram on EPC Mode.)”
International Competitive Bidding
October, 2023
National Highways & Infrastructure Development Corporation Ltd

3rd floor, PTI Building, 4-Parliament Street,
New Delhi – 110001
Construction of Twin Tube Uni-directional Aizawl Bypass Tunnel of 2.5 km and its
approaches of 2.1 km from km 10.600 to km 15.200 (Package-2) on Sairang - Phaibawk
section of NH-6 in the State of Mizoram on EPC Mode.
Oct 2023
Table of Contents
Sr. Details Page
No. No.
Notice Inviting Bid
DISCLAIMER
GLOSSARY
1 INTRODUCTION 8
1.1 Background
1.2 Brief description of Bidding Process
1.3 Schedule of Bidding Process
2 INSTRUCTIONS TO BIDDERS 12
A. GENERAL 12
2.1 General terms of Bidding
2.2 Eligibility and qualification requirements of Bidder
2.3 Proprietary data
2.4 Cost of Bidding
2.5 Site visit and verification of information
2.6 Verification and Disqualification
B.DOCUMENTS 27
2.7 Contents of the RFP 27
2.8 Clarifications 28
2.9 Amendment of RFP 29
C. PREPARATION AND SUBMISSION OF BIDS 29

2.10 Format and Signing of BID 29
2.11 Documents comprising Technical and Financial BID 29
2.12 BID Due Date 31
2.13 Late BIDs 31
2.14 Procedure for e-tendering 32
2.15 Online Opening of BIDs 33
2.16 Rejection of BIDs 33
2.17 Validity of BIDs 33
2.18 Confidentiality 34
2.19 Correspondence with the Bidder 34
D. BID SECURITY 34
2.20 BID Security: 34
3 EVALUATION OF TECHNICAL BIDS AND OPENING & 37

EVALUATION OF FINANCIAL BIDS
3.1 Evaluation of Technical Bids 37
3.2 Opening and Evaluation of Financial Bids 38
3.3 Selection of Bidder 38
3.4 Contacts during BID Evaluation 39
Request for Proposal

Page 2 of 102
Oct 2023
3.5 Correspondence with Bidder 39
4 FRAUD AND CORRUPT PRACTICES 40
5 PRE-BID CONFERENCE 41
6 MISCELLANEOUS
APPENDICES
IA Letter Comprising The Technical Bid 4
IB Letter Comprising The Financial Bid 8
II Bank Guarantee for BID Security 27
III Format For Power Of Attorney For Signing Of Bid 28
IV Format For Power Of Attorney For Lead Member Of Joint 30
Venture
V Format For Joint Bidding Agreement For Joint Venture 32
VI Integrity Pact Format 37
VII Form Of Bank Guarantee 43
VIII Format of LOA 46
IX Item Rate BOQ
X Certificate Of Net Worth By Statutory Auditor
XI Certificate Of Turnover By Statutory Auditor
XIII Certificate regarding Compliance with Restrictions under Rule
144(xi)
Annexure of Appendix 1A
I Details of Bidder 50
II Technical Capacity of the Bidder 53
III Financial Capacity of the Bidder 55
IV Details of Eligible Project 57
V Statement of legal capacity 60
VI Information required to Evaluate the Bid capacity 61
VII Guidelines of the Department of Disinvestment 63
VIII Details of ongoing works 65
IX Details of Ongoing & awarded works in NHIDCL 66

Page 3 of 102
Oct 2023
राष्‍ट्रीयटराजमार्गटएवंटअवसंरचनाटववकासटवनर्मटविवम्े ड
National Highways & Infrastructure Development Corporation Limited
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
GOVT. OF INDIA
Notice Inviting Bid

(Online e-tender through Central Public Procurement Portal)
Bid/Package No: NHIDCL/Mizoram/PATSC/NH-6/AizawlBypassTunnel/2023-24 Dated:

xx.xx.2023
RFP for the work of “Construction of Twin Tube Uni-directional Aizawl Bypass Tunnel
of 2.5 km and its approaches of 2.1 km from km 10.600 to km 15.200 (Package-2) on
Sairang - Phaibawk section of NH-6 in the State of Mizoram on EPC Mode.”)
The Ministry of Road Transport & Highways through National Highways & Infrastructure
Development Corporation Limited (NHIDCL) is engaged in the development of National
Highways and as part of this endeavor, it has been decided to undertake “Construction of Twin
Tube Uni-directional Aizawl Bypass Tunnel of 2.5 km and its approaches of 2.1 km
from km 10.600 to km 15.200 (Package-2) on Sairang - Phaibawk section of NH-6 in
the State of Mizoram on EPC Mode.”
The National Highways & Infrastructure Development Corporation Limited represented by its
Managing Director now invites International Competitive Bids from eligible contractors for the
following project:
State/UT NH No. Description of the work Estimated Cost Completion

exclusive of GST period
(Rs. In Crore)
Construction of Twin Tube
Uni-directional Aizawl Bypass
Tunnel of 2.5 km and its 36 months of
approaches of 2.1 km from km
Construction Period +
Mizoram NH-06 10.600 to km 15.200 893.79Cr
120 months of
(Package-2) on Sairang -
Phaibawk section of NH-6 in Maintenance Period
the State of Mizoram on EPC
Mode.
The complete BID document can be viewed / downloaded from official portal of the CPPP website
https://eprocure.gov.in/eprocure/app from 09/10/2023 to 23/11/2023 (upto 1100 hrs IST). Bidder
must submit its Financial bid and Technical Bid at https:// eprocure.gov.in/eprocure/app on or
before 23/11/2023 (upto 1100 hrs IST). Bids received online shall be opened on 24/112023 (after
1130 hrs 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 physically by the Bidder on or
before the date mentioned in data sheet. Please note that the NHIDCL reserves the right to accept
or reject all or any of the BIDs without assigning any reason whatsoever.

Page 4 of 102
Oct 2023
Mohamad Khalid
General Manager/Tech
National Highways & Infrastructure Development Corporation Ltd.
3rd Floor, PTI Building, 4 Sansad Marg,
New Delhi-110001
Phone : +91-11-23461696
E-mail : gmt5@nhidcl.com
Ed3nhidcl@gmail.com
As part of the Standard Operating Procedure for adoption of Integrity Pact, Shri Subhash Chandra,
IEM, NHIDCL, has been appointed as Independent External Monitor (IEM) in NHIDCL, as per
approval of the Central Vigilance Commission and Ministry of Road Transport & Highways, Govt.
of India. The contact detail of IEM can be seen on the website of NHIDCL.

Page 5 of 102
Oct 2023
DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”) or subsequently provided to
Bidder(s), whether verbally or in documentary or any other form by or on behalf of the Authority or any of
its employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this RFP and such
other terms and conditions subject to which such information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the prospective
Bidders or any other person. The purpose of this RFP is to provide interested parties with information that
may be useful to them in making their financial offers (BIDs) pursuant to this RFP. This RFP includes
statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the
Project. Such assumptions, assessments and statements do not purport to contain all the information that
each Bidder may require. This RFP may not be appropriate for all persons, and it is not possible for the
Authority, its employees or advisors to consider the investment objectives, financial situation and particular
needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information
contained in the Bidding Documents, especially the [Feasibility Report], may not be complete, accurate,
adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and should
check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments,
statements and information contained in this RFP and obtain independent advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which may depend
upon interpretation of law. The information given is not intended to be an exhaustive account of statutory
requirements and should not be regarded as a complete or authoritative statement of law. The Authority
accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed
herein.
The Authority, its employees and advisors make no representation or warranty and shall have no liability
to any person, including any Applicant or Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which
may arise from or be incurred or suffered on account of anything contained in this RFP or otherwise,
including the accuracy, adequacy, correctness, completeness or reliability of the RFP and any assessment,
assumption, statement or information contained therein or deemed to form part of this RFP or arising in
any way for participation in this BID Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder upon the statements contained in this RFP. The
Authority may in its absolute discretion, but without being under any obligation to do so, update, amend or
supplement the information, assessment or assumptions contained in this RFP.
The issue of this RFP does not imply that the Authority is bound to select a Bidder or to appoint the Selected
Bidder JV or Contractor, as the case may be, for the Project and the Authority reserves the right to reject
all or any of the Bidders or BIDs without assigning any reason whatsoever.
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.

Page 6 of 102
Oct 2023
GLOSSARY
Agreement As defined in Clause 1.1.4

Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.21.1
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 2.20
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.

Page 7 of 102
Oct 2023
राष्‍ट्रीयटराजमार्गटएवंटअवसंरचनाटववकासटवनर्मटविवम्े ड
(MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVT. OF INDIA)
SECTION 1
INTRODUCTION
1.1 Background
1.1.1 The National Highways & Infrastructure Development Corporation Limited (NHIDCL)
represented by Managing Director (the “Authority”) is engaged in the development of
National Highways and as part of this endeavour, the Authority has decided to undertake
the work of “Construction of Twin Tube Uni-directional Aizawl Bypass Tunnel
of 2.5 km and its approaches of 2.1 km from km 10.600 to km 15.200
(Package-2) on Sairang - Phaibawk section of NH-6 in the State of Mizoram
on EPC Mode.” (the “Project”) through an Engineering, Procurement and Construction
(the “EPC”) Contract, and has decided to carry out the International Competitive
bidding process for selection of a Bidder to whom the Project may be awarded. A brief
description of the project may be seen in the Information Memorandum of the Project at
the CPPP website https:// eprocure.gov.in/eprocure/app. Brief particulars of the Project
are as follows:
Estimated Project
Length in Completion
Name of the work Cost (Excl. GST)
Km Period
(In ₹ cr.)
“Construction of Twin Tube Uni-
4.6 km 36 months of
directional Aizawl Bypass Tunnel of
including 2.5 Construction
2.5 km and its approaches of 2.1 km
Km long Period + 120
from km 10.600 to km 15.200 893.79 Cr.
Twin tube months of
(Package-2) on Sairang - Phaibawk
unidirectional Maintenance
section of NH-6 in the State of
Tunnel Period
Mizoram on EPC Mode”
1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing, engineering,
procurement and construction of the Project under and in accordance with the provisions of an
engineering, procurement and construction contract (the “EPC Contract”) to be entered into
between the Contractor and the Authority in the form provided by the Authority as part of the
Bidding Documents pursuant hereto. The Contractor shall also be responsible for the maintenance
of the project during the Defect Liability Period. The scope of work will broadly include
rehabilitation, upgradation and augmentation of the existing carriageway to [four-lane with
paved shoulders] standards with construction of new pavement, rehabilitation of existing
pavement, construction and/or rehabilitation of major and minor bridges, culverts, road
intersections, interchanges, drains, etc. as detailed in the Schedules and maintenance of the
Project during the Defect Liability Period, which shall be as below:

Page 8 of 102
Oct 2023
The Defect Liability Period/Maintenance Period for the development of National Highway
shall be as under:
(a) 5 (five) years from the date of completion in case of a road being constructed
with flexible pavement.
(b) 10 (ten) years from the date of completion in case of road being constructed
with rigid pavement.
(c) 10 (ten) years from the date of completion in case of road being constructed
with flexible pavement using perpetual design
(d) 10 (ten) years from the date of completion in case of all stand-alone
structures, e.g. Major Bridges/ and Tunnels
(e) 10 (ten) years from the date of completion for the stretches where new
technology/ material has been/ is proposed to be used.
(f) 3 (three) years from the date of completion in case of maintenance works.
Note : The categorization whether the project highway is constructed with flexible pavement or
rigid pavement shall depend on the basis of major length of the project highway to be
covered with that type of pavement.
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 Data
Sheet 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

Page 9 of 102
Oct 2023
disinvestment. These guidelines shall apply mutatis mutandis to this Bidding Process. The
Authority shall be entitled to disqualify any Bidder in accordance with the aforesaid
guidelines at any stage of the Bidding Process. Bidders must satisfy themselves that they
are qualified to bid, and should give an undertaking to this effect in the form at Appendix-
IA].
1.2.2 The Bid shall be valid for a period of 120 days from the date specified in Clause 1.3 for
submission of BIDs.
1.2.3 The complete Bidding Documents including the draft Agreement for the Project is
enclosed for the Bidders. The Feasibility Report / Detailed Project Report prepared by the
Authority/ consultants of the Authority (the "Feasibility Report/Detailed Project
Report") is also enclosed. The Feasibility Report / Detailed Project Report of the Project
is being provided only as a preliminary reference document by way of assistance to the
Bidders who are expected to carry out their own surveys, investigations and other detailed
examination of the Project before submitting their Bids. Nothing contained in the
Feasibility Report/Detailed Project Report shall be binding on the Authority nor confer
any right on the Bidders, and the Authority shall have no liability whatsoever in relation
to or arising out of any or all contents of the Feasibility Report/Detailed Project Report.
The aforesaid documents and any addenda issued subsequent to this RFP Document, will
be deemed to form part of the Bidding Documents. However, Feasibility Report / Detailed
Project Report prepared by the Authority/ consultants of the Authority (the "Feasibility
Report/Detailed Project Report") is not required in case of maintenance works like
PR/HIPR to be taken on EPC mode.
1.2.4 A Bidder is required to submit, along with its BID, a BID Security of (1% of EPC)
₹ 8.94 Crores (Rupees Eight Crore Ninety Four Lakh Only) (the "BID Security") in
form of e- Bank Guarantee (e-BG) or may be deposited through online facility provided
by the IndusInd Bank, refundable not later than 150 (One hundred & fifty) days from the
BID Due Date, except in the case of the Selected Bidder whose BID Security shall be
retained till it has provided a Performance Security and Additional Performance Security
(if any) as per the provision of this RFP and LOA.
Bidder will have facility to deposit the tender fee (cost of bid documents), as mentioned in
datatsheet, in favor of NHIDCL through online facility provided by the IndusInd Bank. No
amount should be deposited directly in the bank account of NHIDCL. Bidders may refer
step by step process for payment of tender fee by visiting IndusCollect website:
https://induscollect.indusind.com/pay/index.php. For further details and step by step
process regarding e-BG and online payment, NHIDCL Office Order 516 dated 22nd March
2023 may be referred which is attached as Appendix-A.
A copy of payment receipt (RTGS/NEFT/Other online mode) must be submitted along
with bid.
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

Page 10 of 102
Oct 2023
deficiency in the Project after completion of the Construction Period (the “Defect
Liability Period”) shall be pre-determined, and are specified in the RFP/Draft Agreement
forming part of the Bidding Documents.
In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the lowest
BID price.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest Bidder
withdraws or is not selected for whatsoever reason except the reason mentioned in Clause
2.1.12 (b) (4) & Clause 3.3.1, the Authority shall annul the bidding process and invite
fresh BIDs.
1.2.8 Other details of the process to be followed under this bidding process and the terms thereof
are spelt out in this RFP.
1.2.9 Any queries or request for additional information concerning this RFP shall be submitted
by e-mail to the officer designated in the Data Sheet with identification/ title: "Queries /
Request for Additional Information: RFP for “Construction of Twin Tube Uni-
directional Aizawl Bypass Tunnel of 2.5 km and its approaches of 2.1 km from km
10.600 to km 15.200 (Package-2) on Sairang - Phaibawk section of NH-6 in the State
of Mizoram on EPC Mode”
1.2.10 A bidder is required to submit, along with its technical BID, a self – certification that the
items offered meets the local content requirement for ‘Class – I Local Supplier’ / ‘Class
– II Local Supplier’, as the case may be. The self-certification shall also have details of
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, Class – I Local Supplier, Class – II Local Supplier and the Non –
Local Supplier are defined as under:
(i) ‘Class – I Local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribe for ‘Class – I Local Supplier’ under this RFP. The ‘Local Content’
requirement to categorise a supplier as ‘Class – I Local Supplier’ is minimum 50%.
(ii) ‘Class – II Local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for ‘Class – II Local Supplier’ under this RFP. The ‘Local Content’
requirement to categorise a supplier as ‘Class – II Local Supplier’ is minimum 20%.
(iii) ‘Non – Local Supplier’ means a supplier or service provider, whose goods,
service or works offered for procurement, has local content less than the prescribed
for ‘Class - II Local Supplier’ under this RFP.
(iv) ‘Local Content’ means the amount of value added in India which shall be the
total value of item procured (excluding net domestic indirect taxes) minus the value
of imported content in the item including all custom duties) as a proportion of the
total value, in percent.

Page 11 of 102
Oct 2023
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 practicing cost accountant
or practicing chartered accountant (in respect of suppliers other than companies) giving
the percentage of local content.
1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the Bidding Schedule given in Data Sheet.

Page 12 of 102
Oct 2023
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 and other translated document are apostille by
appropriate authority and requirement of Indian Stamp Act is duly fulfilled.
2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft Agreement shall have overriding effect; provided, however, that
any conditions or obligations imposed on the Bidder hereunder shall continue to have
effect in addition to its obligations under the Agreement. Further, the statements and
explanations contained in this RFP are intended to provide a better understanding to
the Bidders about the subject matter of this RFP and should not be construed or
interpreted as limiting in any way or manner the scope of services and obligations of
the Contractor set forth in the Agreement or the Authority’s rights to amend, alter,
change, supplement or clarify the scope of work, the work to be awarded pursuant to
this RFP or the terms thereof or herein contained. Consequently, any omissions,
conflicts or contradictions in the Bidding Documents including this RFP are to be
noted, interpreted and applied appropriately to give effect to this intent, and no claims
on that account shall be entertained by the Authority.
2.1.4 The BID shall be furnished in the format exactly as per Appendix-I i.e. Technical Bid
as per Appendix IA and Financial Bid as per Appendix IB. BID amount shall be
indicated clearly in both figures and words, in Indian Rupees in prescribed format of
Financial Bid and it will be signed by the Bidder’s authorised signatory. In the event
of any difference between figures and words, the amount indicated in words shall be
taken into account.
2.1.5 The Bidder should submit a Power of Attorney as per the format at Appendix-III,
authorising the signatory of the BID to commit the Bidder.
2.1.6 In case the Bidder is a Joint Venture, the Members thereof should furnish a Power of
Attorney in favour of the Lead Member in the format at Appendix-IV. And joint
bidding agreement in the format at Appendix-V
2.1.7 Any condition or qualification or any other stipulation contained in the BID shall
render the BID liable to rejection as a non-responsive BID.
2.1.8 The BID and all communications in relation to or concerning the Bidding Documents
and the BID shall be in English language.

Page 13 of 102
Oct 2023
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 2 (Two);
(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;
(c) Members of the Joint Venture shall nominate one member as the lead member
(the “Lead Member”). Lead Member shall met at least 60% requirement of Bid
Capacity, Technical and Financial Capacity, required as per Clause 2.2.2.1,
2.2.2.2(i) & 2.2.2.3. The nomination(s) shall be supported by a Power of
Attorney, as per the format at Appendix-III, signed by all the other Members of
the Joint Venture. Other Member(s) shall meet at least 20% requirement of Bid
Capacity, Technical and Financial Capacity required as per Clause 2.2.2.1,
2.2.2.2(i) & 2.2.2.3 and the JV as a whole shall cumulatively/collectively fulfill
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 Contract Amount 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 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

Page 14 of 102
Oct 2023
(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 Crore (Hundred Crore).
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) (1) Further, where the LoA of a project has been issued to an agency, not
covered under the category mentioned above, and it subsequently wishes to
transfer its share capital in favour of another entity who is a resident outside India
or where a Bidder or its Member is controlled by persons resident outside India
and thereby the equity capital of the transferee entity exceeds 50% or above, any
such transfer of equity capital shall be with the prior approval of the competent
authority from national security and public interest perspective as per the
instructions of the Government of India applicable at such point in time.
(2) The holding or acquisition of equity control, as above shall include

direct or indirect holding, acquisition, including by transfer of the direct or
indirect legal or beneficial ownership or control, by persons acting for
themselves or in concert and in determining such holding or acquisition, the
Authority shall be guided by the principles, precedents and definitions contained
in the Securities and Exchange Board of India (Substantial Acquisition of Shares
and Takeovers) Regulations, 2011, or any substitute thereof, as in force on the
date of such acquisition.
(3) The Bidder shall promptly inform the authority of any change in the
shareholding, as above, and failure to do so shall render the Bidder liable for
disqualification from the Bidding process.
(4) In case the L-1 Applicant under (a) above is denied the security
clearance, for whatsoever reasons, then the applicants emerging as L-2, L-3
eligible Bidders (in that order) may be given a counter-offer (one by one
sequentially) to match the bid of L-1 applicant/preferred Bidder. In the event of
acceptance of the counter-offer by another eligible Bidder, the project may be

Page 15 of 102
Oct 2023
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, if it attracts any or
more of the following conditions in any of its ongoing or completed project:
(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 of 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 Report issued by Quality Inspectors deployed by the
Authority or Officers of the Authority;
(vii) Fails to complete minor rectifications exceeding 3 instances in 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;

Page 16 of 102
Oct 2023
(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 installment 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 work of Expressways, National Highways, ISC & EI
works in the last 2 (two) years, as evidenced by imposition of a penalty by an
arbitral or judicial authority or a judicial pronouncement or arbitral award
against the Bidder, including individual or any of its Joint Venture Member,
as the case may be;
(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 cause delay in maintenance & repair/ overlay of the
project.
*Note: Sub- clauses (i) to (xx) under this Clause would be applicable only when the
Contractor attracts these defaults on the bid submission date. The day the Contractor
cures the said defaults and becomes compliant, he would be eligible to participate in
bids received after such date.
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

Page 17 of 102
Oct 2023
PWDs/BRO) 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 The bidder including individual or any of its JV members or its related parties, who are
already having three or more on-going projects in NHIDCL, as on the date of financial
bid opening shall not be eligible to bid for this project.
Explanation:
(i) An LOA issued for any project shall be counted as an on-going project
(ii) the awarded projects with financial progress less than 50% or milestone-2 delayed
by more than three months due to reasons attributable to the contractor, shall be
counted as on-going projects for the purpose of clause 2.1.15 above.
(iii) Projects having EPC cost of Rs. 25 Crores or less shall not be counted for this
purpose,
(iv) In case of a company, the Related Parties means Related Parties as defined in the
Companies Act, 2013, and in case of a bidder other than a company, the Related
Parties means bodies in which the bidder or its partners are partner, trustee or
directors in other bodies whether incorporated or not.
To substantiate this, the bidder shall provide an undertaking giving list of all such
related parties and projects being executed by the Related Parties in NHIDCL.
A certificate in this regard from Statutory Auditor (with UDIN) shall also be
provided by the bidder.
For further clarification of point no (ii) above:
(a) Financial progress shall be considered from the Monthly progress report of
preceding month of Bid due date uploaded on NHIDCL website.

Page 18 of 102
Oct 2023
(b) Certification of completion of Milestone-II from concerned ED(P)/RO is

mandatory. The same shall be attached by the bidder in the bid documents.
2.1.16 All orders of Ministry of Finance/DPIIT/any other government agencies, as applicable
and prevalent on the date of LoA, shall be applicable.
2.1.17 Entities of countries which have been identified by Ministry of Road Transport &
Highways as not allowing Indian companies to participate in their Government
procurement for any item related to Ministry of Road Transport & Highways shall not
be allowed to participate in Government procurement in India for all items related to
Ministry of Road Transport & Highways, except for the list of items published by the
Ministry of Road Transport & Highways permitting their participation.
2.1.18 Upon declaration of non-performer/debarred, the Contractor/Concessionaire will not be

able to participate in any bid for National Highways projects with MoRTH or its
executing agencies till such time the debarment persists or the
contractor/Concessionaire is removed from the list of Non-performer. In bidding for a
particular project, bids from only such firms should be considered for placement of
Contract, which are neither debarred on the date of opening tender nor debarred on the
date of issue of Letter of Acceptance (LoA). Contracts concluded before the issue of
the debarment/declaration as non-performer order shall not be affected by the
debarment order(s) issued subsequently.
2.1.19 In case any debarred/declared non-performer firms submits the bid, the same will be
ignored. In case such firm is lowest (L-1), next lowest firm shall be considered as L-1.
Bid security submitted by such debarred/declared non-performer firms shall be returned
to them.
2.1.20 Debarment/declaration as non-performer of a particular firm shall automatically extend
to all its allied firms. In case a joint Venture/consortium is debarred, all
partners/members shall stand debarred for the entire period.
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 ₹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

Page 19 of 102
Oct 2023
Security as the case may be. A Bidder shall be deemed to have a Conflict of
Interest affecting the Bidding Process, if:
(i) the Bidder, its Joint Venture Member (or any constituent thereof) and
any other Bidder, its Member or any Member of its Joint Venture thereof
(or any constituent thereof) have common controlling shareholders or
other ownership interest; provided that this disqualification shall not
apply in cases where the direct or indirect shareholding of a Bidder, or
its Joint Venture Member thereof (or any shareholder thereof having a
shareholding of more than 5% (five percent)of the paid up and
subscribed share capital of such Bidder, or its Joint Venture Member, as
the case may be), in the other Bidder, its Joint Venture Member is less
than 5% (five percent) of the subscribed and paid up equity share capital
thereof; provided further that this disqualification shall not apply to any
ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act 1956.
For the purposes of this Clause 2.2.1(c), indirect shareholding held
through one or more intermediate persons shall be computed as follows:
(aa) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by such
controlled intermediary in any other person (the “Subject Person”) shall
be taken into account for computing the shareholding of such controlling
person in the Subject Person; and (bb) subject always to sub- clause (aa)
above, where a person does not exercise control over an intermediary,
which has shareholding in the Subject Person, the computation of
indirect shareholding of such person in the Subject Person shall be
undertaken on a proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the
shareholding of such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary; or
(ii) a constituent of such Bidder is also a constituent of another Bidder; or
(iii) such Bidder, or any of its Joint Venture Member thereof receives or has
received any direct or indirect subsidy, grant, concessional loan or
subordinated debt from any other Bidder, or any of its Joint Venture
Member thereof or has provided any such subsidy, grant, concessional
loan or subordinated debt to any other Bidder, its Member or any of its
Joint Venture Member thereof; or
(iv) such Bidder has the same legal representative for purposes of this
Application as any other Bidder; or
(v) such Bidder, or any of its Joint Venture Member thereof has a
relationship with another Bidder, or any of its Joint Venture Member
thereof, directly or through common third party/ parties, that puts either
or both of them in a position to have access to each others’ information
about, or to influence the Application of either or each other; or

Page 20 of 102
Oct 2023
(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 aa 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.
(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 country; or
(c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
(d) An entity whose beneficial owner is situated in such a country; or
(e) An Indian (or other) agent of such an entity, or
(f) A natural person who is a citizen of such a country; or
(g) A Consortium or joint venture where any member of the consortium
or joint venture falls under any of the above.
(iii) Beneficial owner for the purpose of (ii) above means:
1. In case of a company or Limited Liability Partnership, the beneficial

owner is the natural person(s), who, whether acting alone or together, or
through one or more judicial person, has a controlling ownership interest
or who exercises control through other means.
Explanation:
(a) “Controlling ownership Interest” means ownership of or entitlement

to more than twenty-five percent of shares or capital or profits of the
company.
(b) “Control” shall include the right to appoint majority of directors or

to control the management or policy decisions including by virtue of
their shareholding or management rights or shareholding agreements
or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural

person(s) who, whether acting alone or together, or through one or more

Page 21 of 102
Oct 2023
judicial person: has ownership of entitlement to more than fifteen

percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals,

the beneficial owner is the natural person(s), who, whether acting alone
or together, or through one or more judicial person, has ownership of or
entitlement to more than fifteen percent of the property or capital or
profits of such association or body of individuals;
4. Where no natural person is identified under (1) or (2) or (3) above,

the beneficial owner is the relevant natural person who holds the position
of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall

include identification of the author of the trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust and any
other natural person exercising ultimate effective control over the trust
through a chain of control or ownership.
(iv) An Agent is a person employed to do any act for another, or to represent

another in dealings with third person.
(v) The Selected Bidder shall not be allowed to sub- contract works to any
other contractor from a country which shares a land border with India
unless such contractor is registered with the Competent Authority. The
definition of “contractor from a country which shares a land border
with India” shall be as in Clause 2.2.1 (d) (ii) above.
Certificate regarding Compliance:
A certificate on the letterhead of the Bidder shall be required to be submitted by the

bidders certifying the following:
“I have read the clause regarding restrictions on the 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 herby 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:

Page 22 of 102
Oct 2023
In respect of RFP, registration should be valid at the time of submission of bids and at
the time of acceptance of bids and 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 (as per clause 1.1.1). The
available BID capacity will be calculated as per following, based on information
mentioned at Annexure-VI of Appendix-IA:
Assessed Available BID capacity = (A*N*2.5 – B + C), where
N= Number of years prescribed for completion of work for which Bid is invited.
A= Maximum value of civil engineering works excluding the amount of bonus

received, if any, in respect of EPC Projects executed in any one year during the last five
years (updated to the price level of the year indicated in table at Note- 3 below) taking
into account the completed as well as works in progress. The EPC projects include
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 works for
which the BID is invited. For the sake of clarification, it is mentioned that works for
which bidder has emerged as winner of the bids but LOA has not been issued as on the
day before opening the financial bids shall also be considered while calculating the
value of B.
C= The amount of bonus received, if any, in EPC Projects during the last 5 years
(updated to the price level of the year indicated in table at Note-3 below).
Note:
1. The Statement showing the value of all existing commitments, works for which
the contractor has emerged as the winner of the bid as given by bidder and ongoing
works as well as the stipulated period of completion remaining for each of the works
listed should be countersigned by the Client or its Engineer-in-charge not below the
rank of Executive Engineer or equivalent in respect of EPC Projects or Concessionaire
/ Authorised Signatory of SPV in respect of BOT Projects and verified by Statutory
Auditor.
2. The amount of bonus received, if any, in EPC Projects should be countersigned

by the Client or its Engineer-in-charge not below the rank of Executive Engineer or
equivalent in respect of EPC Projects.
3. The factor for the year for updation to the price level is indicated as under:

Page 23 of 102
Oct 2023
Year Year-1 Year-2 Year-3 Year-4 Year-5
Updation 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 [10 (Ten)] financial1 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 with clause 2.2.2.5 & (ii), is more than
[Rs.893.79 crore (Rs.893.79 Crore)] (the “Threshold Technical Capacity”)2.

Page 24 of 102
Oct 2023
(ii) For normal Highway projects (including Major

Bridges/ROB/Flyovers/Tunnels):
Provided that at least one similar work of 20% of Estimated Project Cost 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 the following:
(a) Widening/ reconstruction/up-gradation works on NH/SH/Expressway or on

any category of road taken up under CRF, ISC/EI, SARDP, LWE
(b) Widening/reconstruction/up-gradation on MDRs with loan assistance from

multilateral agencies or on BOT basis.
(c) Widening/reconstruction/up-gradation work of roads in Municipal Corporation

limits, construction of Bypasses
(d) Construction of stand-alone bridges, ROBs, tunnels.
(e) Construction/reconstruction of linear projects like airport runways, railways

(construction/re-construction of railway tracks, yards for keeping containers etc)
metro rail and ports (including construction/re-construction of Jetties).
If any Major Bridge/ROB/Flyover is (are) part of the project, then the sole Bidder
or in case the Bidder being a Joint Venture, any member of Joint Venture shall
necessarily demonstrate additional experience in construction of
Bridge/ROBs/Flyovers/Tunnel in the last 10 (Ten) years preceding the Bid Due
Date (works completed as on bid due date shall also be considered for this clause)
i.e. shall have completed atleast one similar Major Bridge/ROB/Flyover having
span equal to or greater than :
(a) In case, longest span of bridge/ROB/flyover is less than or equal to 60m, no
additional qualification is required.
(b) When longest span is more than 60 m: 50% of the longest span or 100 m,
whichever is less, of the structure proposed in this project.
And in case of tunnel, if any, shall have completed construction of atleast one
tunnel consisting of single or twin tubes (including tunnel(s) for
roads/railway/metro/rail/irrigation/hydro-electric projects etc.) having atleast :
(a) In case tunnel is a part of project having length less than or equal to 200 m,
then no additional qualification is required.
(b) When length of tunnel more than 200 m: 50% of the cross sectional area of
proposed tunnel or two lane highway tunnel cross-section area, whichever is less

Page 25 of 102
Oct 2023
and 20% length of the tunnel to constructed in this project or 2 km, whichever is
less.
(iii) For Stand-alone specialized projects:
(a) Major Bridges/ROB/Flyovers projects:

(a1) In case the cost of specialized project is less than or equal to Rs. 1,000Cr:
The sole Bidder or in case the Bidder being a Joint Venture, any member of
Joint Venture shall have completed at least one similar Major Bridge/ ROB/
Flyover project in the last 10 (Ten) financial years preceding the Bid Due Date,
having span equal to or greater than 50% of the longest span or 100 m,
whichever is less of the structure proposed in this project and also the cost of
such similar project shall be atleast 20% of the Estimated Project Cost. For this
purpose, a project shall be considered to be completed, if more than 90% of
the value of work has been completed and such completed value of work is
equal to or more than 20% of the Estimated Project Cost.
(a2) In case the cost of specialized project is more than Rs. 1,000 Cr: The
sole Bidder or in case the Bidder being a Joint Venture, any member of Joint
Venture shall have completed at least one similar Bridge/ ROB/ Flyover
project in the last 10 (Ten) years preceding the Bid Due Date (works completed
30 days prior to the bid due date shall also be considered for this clause),having
span equal to or greater than 50% of the longest span of the structure proposed
in this project or 100m, whichever is less, and also the cost of such similar
project shall be atleast 20% of the
EstimatedProjectCostor₹1000Cr.whicheverisless.Forthispurpose, a project
shall be considered to be completed, if more than 90% of the value of work
has been completed and such completed value of work is equal to or more than
20% of the Estimated Project Cost or ₹ 1000 Cr., whichever is less.
(b) Tunnel project:

The sole Bidder or in case the Bidder being a Joint Venture, any member of Joint
Venture shall have completed atleast one tunnel project in the last 10 (Ten)
financial years preceding the Bid Due Date, consisting of single or twin tubes
(including tunnel(s) for roads/Railway /Metro rail/ irrigation/ hydro-electric
projects etc.) having atleast 50% of the cross- sectional area of the tunnel (
i.e.42.596 sqm) to be constructed and 20% length of the tunnel (i.e. 0.50 km) to
constructed in this project or 2 km, whichever is less and the cost of such project
shall be atleast 20% of the Estimated Project Cost ( i.e Rs. 178.76cr.) or Rs. 1000
crore, whichever is less. For this purpose, a project shall be considered to be
completed, if more than 90% of the value of work has been completed and such
completed value of work is equal to or more than 20% of the Estimated Project
Cost ( i.e Rs. 178.76cr.) or ₹ 1000 Cr., whichever is less.
(iv)The updation factor to update the price of the eligible projects for the year indicated
in table below:

Page 26 of 102
Oct 2023
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation
1.00 1.05 1.10 1.15 1.20
factor
Note: To satisfy the qualification requirement under clause 2.2.2.2 (ii) & (iii), the bidder is required
to submit a certificate from project owning department/corporations signed by Officer not below the
level of Executive Engineer or equivalent.
2.2.2.3 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth (the “Financial
Capacity”) of 5% (five percent) of the Estimated Project Cost ( i.e Rs. 44.69 Cr.)
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 15%
(Fifteen percent) of the Estimated Project Cost ( i.e Rs.134.07 Cr. ) for the last 5
(five) financial years.
Year Year-1 Year-2 Year-3 Year-4 Year-5 Year-6*
Updation 1.00 1.05 1.10 1.15 1.20 1.25
factor
*In case, the audited annual financial statements/accounts for the year-1 are not available and
undertaking has been submitted duly endorsed by the statutory auditor is submitted then only
Year-6 will be considered.
Note: The Statutory Auditor (SA) shall upload the information on UDIN portal and attach a
copy of the certificate downloaded from the portal indicating net worth and turn over
for each of the last five years.
2.2.2.4 In case of a Joint Venture:
(i) The Bid Capacity, Technical Capacity and Financial Capacity of all the Members
of Joint Venture would be taken into account for satisfying the above conditions
of eligibility. Further, Lead Member shall meet at least 60% requirement of Bid
Capacity, Technical and Financial Capacity as per Clause 2.2.2.1, 2.2.2.2(i) and
2.2.2.3 and each of other JV members shall meet at least 20% requirement of Bid
Capacity, Technical and Financial Capacity individually as per Clause 2.2.2.1,
2.2.2.2(i) and 2.2.2.3. For avoidance of doubt it is further clarified that the Joint
Venture must collectively and individually satisfy the above qualification criteria
i.e. JV shall cumulatively/collectively fulfill the 100% requirement.
(ii) For requirement of 2.2.2.2 (ii)& (iii), one similar work of 20% of Estimated
Project Cost should have been completed from the Eligible Projects in Category
1and/or Category 3 specified in Clause 2.2.2.5 individually by any of the JV
members as a single work.
2.2.2.5 Categories and factors for evaluation of Technical Capacity:

Page 27 of 102
Oct 2023
(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)
& (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 2.2.2.6 1
(i)
2 Project in core sector that qualify under Clause 2.2.2.6 (i) 0.75
3 Construction in highways sector that qualify under Clause 1
2.2.2.6 (ii)
4 Construction in core sector that qualify under Clause 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 railway tracks, yards for keeping containers etc.)
metro rail and ports (including construction/reconstruction 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 water supply, stadium, hospitals, hotel, smart city,
warehouse/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.

Page 28 of 102
Oct 2023
(v) Maintenance works are not considered as eligible project for evaluation. 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, fabrication work, 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)] under Category 4 but not for
similar completed works [2.2.2.2 (ii) and 2.2.2.2 (ii)]. 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:

(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, during the 5 (five) financial years immediately
preceding the Bid Due Date, and only the amounts (gross) actually received,
during such 5 (five) financial years shall qualify for purposes of computing the

Page 29 of 102
Oct 2023
Experience Score. However, receipts of or work executed amount less than 5%

of the Estimated Project Cost shall not be reckoned as receipts for Eligible
Projects. For the avoidance of doubt, construction works shall not include
supply of goods or equipment except when such goods or equipment form part
of a turn-key construction contract / EPC contract for the project. Further, the
cost of land and also cost towards pre- construction activities (like shifting of
utilities etc.) shall not be included hereunder.
(iii) The Bidder shall quote experience in respect of a particular Eligible Project
under any one category only, even though the Bidder (either individually or
along with a member of the Joint Venture) may have played multiple roles in
the cited project. Double counting for a particular Eligible Project shall not be
permitted in any form.
(iv)Experience for any activity relating to an Eligible Project shall not be claimed
by two or more Members of the Joint Venture. In other words, no double
counting by a Joint Venture in respect of the same experience shall be permitted
in any manner whatsoever.
2.2.2.7 Submission in support of Technical Capacity
(i) The Bidder should furnish the details of Eligible Experience for the last 5 (five)
financial years immediately preceding the Bid Due Date.
(ii) The Bidder must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-IA.
(iii) The Bidder should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at Annex
-IV 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:

Page 30 of 102
Oct 2023
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by
itself, during the past 5 years, in respect of the Eligible Projects. In case a
particular job/ contract has been jointly executed by the Bidder (as part of a Joint
Venture), it should further support its claim for the payments received or
construction carried out by itself in PPP Projects as applicable the share in work
done for that particular job/ contract by producing a certificate from its statutory
auditor or the client; and
(ii) Certificate(s) from its statutory auditors specifying the net worth of the Bidder,
as at the close of the preceding financial year, and also specifying that the
methodology adopted for calculating such net worth conforms to the provisions
of this Clause2.2.2.9 (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.
$
Note : 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.
2.3 Proprietary data

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

Page 31 of 102
Oct 2023
climate, availability of power, water & other utilities for construction, access to site,
handling and storage of materials, weather data, applicable laws and regulations, and
any other matter considered relevant by them. Bidders are advised to visit the site and
familiarise themselves with the Project within the stipulated time of submission of the
Bid. No extension of time is likely to be considered for submission of Bids.
2.5.2 It shall be deemed that by submitting a BID, the Bidder has:

(a) made a complete and careful examination of the Bidding Documents, Schedules
annexed to EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information provided in
the Bidding Documents or furnished by or on behalf of the Authority relating to
any of the matters referred to in Clause 2.5.1 above. No claim shall be admissible
at any stage on this account.
(d) satisfied itself about all matters, things and information including matters
referred to in Clause 2.5.1 hereinabove necessary and required for submitting an
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

Page 32 of 102
Oct 2023
occurs after the BIDs have been opened and the lowest Bidder gets disqualified /
rejected, then the Authority reserves the right to annul the Bidding Process and invites
fresh BIDs.
2.6.3 In case, it is found during the evaluation or at any time before signing of the Agreement
or after its execution and during the period of defect liability subsistence thereof, that
one or more of the eligibility and /or qualification requirements have not been met by
the Bidder, or the Bidder has made material misrepresentation or has given any
materially incorrect or false information, the Bidder shall be disqualified forthwith if
not yet appointed as the contractor either by issue of the LOA or entering into of the
Agreement, and if the Selected Bidder has already been issued the LOA or has entered
into the Agreement, as the case may be, the same shall, notwithstanding anything to
the contrary contained therein or in this RFP, be liable to be terminated, by a
communication in writing by the Authority to the Selected Bidder or the Contractor,
as the case may be, without the Authority being liable in any manner whatsoever to the
Selected Bidder or the Contractor. In such an event, the Authority shall be entitled
forfeit and appropriate the BID Security or Performance Security, 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, forfeiture of BID Security, if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by
the Bidder, its Member or any Associate thereof, as the case may be, in any manner for
matters related to or incidental to such Project during the Bidding Process or
subsequent to the (i) issue of the LOA or (ii) execution of the Agreement. In the event
any such adviser is engaged by the selected Bidder or Contractor, as the case may be,
after issue of the LOA or execution of the Agreement for matters related or incidental
to the project, then notwithstanding anything to the contrary contained herein or in the
LOA or the Agreement and without Prejudice to any other right or remedy or the
Authority, including the forfeiture and appropriation of BID Security or Performance
Security, as the case may be, which the Authority may have there under or otherwise,
the LOA or the Agreement, as the case may be, shall be liable to be terminated without
the Authority being liable in any manner whatsoever to the Selected Bidder or
Contractor for the same. For the avoidance or doubt, this disqualification shall not
apply where such adviser was engaged by the Bidder, its Member or Associate in the
past but its assignment expired or was terminated 6 (six) months prior to the date of
issue of this RFP. Nor will this disqualification apply where such adviser is engaged
after a period of 3 (three) years from the date of commercial operation of the Project.
B. DOCUMENTS
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

Page 33 of 102
Oct 2023
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
Section 7 Data Sheet
Appendices
IA. Letter comprising the Technical BID including Annexure I to IX
IB. Letter comprising the Financial BID
II. Bank Guarantee for BID Security
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA
IX. Format of BOQ
X. Format of Certificate of Net worth by Statutory Auditor.
XI. Format of Certificate of Turn Over by Statutory Auditor.
XII. Format of Certificate regarding Compliance with Restrictions under Rule
144 (xi) of GFR.
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. All the queries and its
responses will be will be hosted on the GoI e-Tendering Portal
(https://eprocure.gov.in/cppp) and NHIDCL portal 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.

Page 34 of 102
Oct 2023
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 official website
www.nhidcl.com, 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.
C. PREPARATION AND SUBMISSION OF BIDS
2.10 Format and Signing of BID
2.10.1The 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 complete in
all respects and Bid Security, Copy of online receipt/ original Demand Draft towards
payment of cost of Bid document, POA and Joint Bidding Agreement etc. are received
in 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 initialed 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.

Page 35 of 102
Oct 2023
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the
format at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(e) Deleted
(f) BID Security of ₹ 8.94 Cr. (Rupees Eight Crore Ninety Four Lakh Only) in
the form of Bank Guarantee in the format at Appendix-II from a Scheduled
Bank (Ref. to List of Scheduled Banks under RFP Clause 2.20.1) (to be
submitted physically as well);
(g) Copy of Online receipt towards payment of cost of BID/RFP document of
required amount as mentioned in the Datasheet;
(h) Deleted;
(i) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its
subsequent amendments if any, issued by MoRT&H (Appendix-VI)
regarding Integrity Pact (IP) and the Integrity Pact (IP) duly signed by
Authorised signatory shall be submitted by the Bidder with the RFP Bid &
shall be part of the Contract Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-(b)
above that they agree and abide by the Bid documents uploaded by NHIDCL
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.
(n) Copy of originals of experience certificate apostile at foreign origin, if any.
(o) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs) as per format given in Appendix-IX shall be
submitted by the Bidder with the RFP Bid duly signed by Authorised
signatory & shall be part of the Contract Agreement.
Financial Bid
(p) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online
along with Technical Bid to be submitted online on GoI e-tendering portal
(https://eprocure.gov.in/cppp) on or before Schedule time given in Data
Sheet (The format of BOQ is attached as Appendix-XII).
Self Certification
(p) Self – certification by the bidder that its Bid meets the Local Content
requirement for ‘Class – I Local Supplier’ / ‘Class – II Local Supplier’, as the

Page 36 of 102
Oct 2023
case may be. The self – certification shall also have details of location(s) at which
the local value addition is made. In case, bidder do not submit the aforesaid
Certification, the bidder will be summarily be treated as ‘Non-Local Supplier’.
In case of procurement value is in excess of Rs. 10 Crores, the ‘Class – I Local

Supplier’ / ‘Class – II Local Supplier’ shall have to provide a Certificate from the
Statutory Auditor or Cost Auditor of the Company (in case of companies) or from a
practicing Cost Accountant or practicing Chartered Accountant (in respect of
Suppliers other than Companies) giving the percentage of Local Content upon
construction of the project.
2.11.2 The Bidder shall submit the following documents online through CPPP and physically
by date and time given in Data Sheet:
(a) Original Power of Attorney for signing the BID as per format at Appendix-
III;
(b) if applicable, Original Power of Attorney for Lead Member of Joint Venture
as per the format at Appendix-IV;
(c) if applicable, Original Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
(d) Original BID Security of ₹ 8.94 Cr. (Rupees Eight Crore Ninety-Four Lakh
Only) in the form of Bank Guarantee in the format at Appendix-II from a
Scheduled Bank;
(e) Copy of online receipt / original Demand Draft towards payment of cost of
Bid/RFP document of required amount mentioned in the Datasheet;
(f) Deleted;
(g) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any issued by MoRT&H (Appendix-VI) regarding Integrity
Pact (IP) and the Original 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
(h) An undertaking from the person having PoA referred to in Sub. Clause-(a)
above that they agree and abide by the Bid documents uploaded by NHIDCL
and Addenda uploaded, if any;
(i) originals of experience certificate apostile at foreign origin, if any.
(j) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs) as per format given in Appendix-XII shall be
submitted by the Bidder with the RFP Bid duly signed by Authorised signatory
& shall be part of the Contract Agreement.
2.11.3 The documents listed at clause 2.11.2 shall be submitted online on GoI e-tendering
portal (https://eprocure.gov.in/cppp) and physically on or before Schedule time given
in Data Sheet by placing the requisite documents in an envelope, which shall be sealed.

Page 37 of 102
Oct 2023
The envelope shall clearly bear the identification “Construction of Twin Tube Uni-
directional Aizawl Bypass Tunnel of 2.5 km and its approaches of 2.1 km from
km 10.600 to km 15.200 (Package-2) on Sairang - Phaibawk section of NH-6 in
the State of Mizoram on EPC Mode ” 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 officer designated whose Name and Address is
given in the Data Sheet.
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

BID comprising of the documents listed at clause 2.11.1of the RFP shall be submitted
online through e-procurement CPPP website https://eprocure.gov.in/eprocure/appon
or before the deadline given in the Data Sheet.
2.13 Late BIDs

E-procurement portal CPPP website https://eprocure.gov.in/eprocure/app shall not
allow submission of any Bid after the prescribed date and time given in the Data Sheet.
Physical receipt of documents listed at clause 2.11.2 of the RFP after the prescribed
date and time given in the Data Sheet shall not be considered and the bid shall be
summarily rejected.
2.14 Procedure for e-tendering
2.14.1 Accessing/ Purchasing of BID documents
2.14.1.1It 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
NHIDCL.
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.

Page 38 of 102
Oct 2023
2.14.1.2To 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.
2.14.1.4The complete BID document can be viewed / downloaded by the Bidder from e-
procurement portal https:// eprocure.gov.in/eprocure/appandhttps://nhidcl.com
2.14.1.5 Deleted
2.14.2 Preparation & Submission of BIDs:
2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on the
screen. The detailed guidelines for e-procurement is also available on e-procurement
portal.
2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in different files
(in PDF or RAR format such that file size is not more than 30 MB) and uploaded
during the on-line submission of BID.
2.14.2.3 Bid must be submitted online only through e-procurement portal https://
eprocure.gov.in/eprocure/app using the digital signature of authorised representative
of the Bidder on or before the deadline given in the Data Sheet.
2.14.3 Modifications/ Substitution/ withdrawal of BIDs
2.14.3.1 The Bidder may modify, substitute or withdraw its e- BID after submission prior to
the BID Due Date. No BID can be modified, substituted or withdrawn by the Bidder
on or after the BID Due Date & Time.
2.14.3.2 For modification of e-BID, Bidder has to detach its old BID from e-procurement
portal and upload / resubmit digitally signed modified BID. For withdrawal of BID,
Bidder has to click on withdrawal icon at e-procurement portal and can withdraw its
e-BID. Before withdrawal of a BID, it may specifically be noted that after
withdrawal of a BID for any reason, Bidder cannot re-submit e-BID again.

Page 39 of 102
Oct 2023
2.15 Online Opening of BIDs.
2.15.1 Opening of BIDs will be done through online process.
2.15.2 The NHIDCL shall on-line open Technical BIDs on date and time given in Data
Sheet, 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 physically received. The
NHIDCL will subsequently examine and evaluate the BIDs in accordance with the
provisions of Section 3 of RFP.
2.16 Rejection of BIDs

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

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

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

Page 40 of 102
Oct 2023
D. BID SECURITY
2.20 BID Security:
2.20.1 The Bidder shall furnish as part of its BID, a BID Security referred to in Clause 1.2.4
herein in the form of e-Bank Guarantee(e-BG) issued by nationalized bank, or a
Scheduled Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one
thousand crore), in favour of the Authority in the format at Appendix-II (the “Bank
Guarantee”) and having a validity period of not less than 180 (one hundred eighty)
days from the BID Due Date, inclusive of a claim period of 60 (sixty) days, and may
be extended as may be mutually agreed between the Authority and the Bidder from
time to time. The bidder may also deposit the bid security fee through online facility
provided by the Induslnd Bank. The Authority reserves the right to add or remove any
of names bank on which BG shall be accepted based on advisories from the Govt./RBI.
The BGs issued by ‘Foreign Banks’ and Banks not mentioned in the given list shall
not be accepted. For further details and step by step process regarding e-BG and online
payment, NHIDCL Office Order 516 dated 22nd March 2023 may be referred which
is attached as Appendix-A.
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 for BID Security shall be given to any
Bidder.
2.20.5 The BID Security shall be forfeited and appropriated by the Authority as damages
payable to the Authority for, inter-alia, time cost and effort of the Authority without
prejudice to any other right or remedy that may be available to the Authority under the
bidding documents and / or under the Agreement, or otherwise, under the following
conditions:
a) Deleted
b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Section 4 of this RFP;
c) If a Bidder withdraws its BID during the period of Bid validity as specified in this
RFP and as extended by mutual consent of the respective Bidder(s) and the
Authority;
d) In the case of Selected Bidder, if it fails within the specified/extended time limit
by Authority-
i. to sign and return the duplicate copy of LOA;
ii. to furnish the Performance Security /Additional Performance Security (if any)

Page 41 of 102
Oct 2023
as per Clause 2.21;or

iii. to sign the Agreement;
2.21 Performance Security

2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall
furnish to the Authority an irrevocable and unconditional e- Bank guarantee only from
a Bank, in the form set forth at Appendix-VII (the “Performance Security”) for an
amount equal to 3% (three percent) of its Bid Price. The BGs issued by ‘Foreign
Banks’ and Banks not mentioned in the given list shall not be accepted.
In case of bids mentioned below, the Selected Bidder, along with the Performance
Security, shall also furnish to the Authority an irrevocable and unconditional e-Bank
Guarantee from a Bank in the same form given at Appendix-VII towards an Additional
Performance Security (the “Additional Performance Security”) for an amount
calculated as under:
(i) If the Bid Price offered by the Selected Bidder is lower than 20% of the estimated
project cost/cost put to the Additional Performance Security shall be calculated @
20% of the difference in the (a) Estimated Project Cost (as mentioned in RFP)-20%
of the Estimated Project Cost and (b) the Bid Price offered by the selected Bidder.
(ii) Maximum limit of additional performance security shall be limited to 3% of the

Bid Price offered by the selected Bidder.
(iii) This “Additional Performance Security” shall be treated as part of 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.

Page 42 of 102
Oct 2023
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. The Bid Security shall
be encashed and proceeds thereof appropriate 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.

Page 43 of 102
Oct 2023
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 at date, time & place given in Data Sheet,
at the place specified in Clause 2.11.4 (i); and in the presence of the Bidders who
choose to attend. The Authority shall prepare minutes of the BID opening, including
information disclosed to those present at the time of BID opening.
3.1.2 Technical Bids of those Bidders who have not submitted their Bid online, shall not be
considered for opening and evaluation.
3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained in

formats other than those specified herein, the Authority may, in its sole discretion,
exclude the relevant information for consideration of eligibility and qualification of the
Bidder.
3.1.4 To facilitate evaluation of Technical BIDs, the Authority may, at its sole discretion,
seek clarifications in writing from any Bidder regarding its Technical BID. Such
clarification(s) shall be provided within the time specified by the Authority for this
purpose. Any request for clarification(s) and all clarification(s) in response thereto
shall be in writing. The bids will be examined and evaluated in accordance with the
provisions set out in this Section 3. The Authority will subsequently flag issues, if any
with the data updated by the Bidders.
3.1.5 If a Bidder does not provide clarifications sought under Clause 3.1.4 above within the
prescribed time, its Bid may be liable to be rejected. In case the Bid is not rejected, the
Authority may proceed to evaluate the Bid by construing the particulars requiring
clarification to the best of its understanding, and the Bidder shall be barred from
subsequently questioning such interpretation of the Authority.
3.1.6 Tests of responsiveness
3.1.6.1 As a first step towards evaluation of Technical BIDs, the Authority shall determine
whether each Technical BID is responsive to the requirements of this RFP. A Technical
BID shall be considered responsive only if:
(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI (Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically;
(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;

Page 44 of 102
Oct 2023
(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 receipt towards payment of cost of Bid document/RFP of
required amount (as mentioned in Datasheet) is received.
3.1.6.2 The Authority will get the BID security verified from the issuing authority and after
due verification, 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 evaluate the Technical BIDs for their compliance to the eligibility
and qualification requirements pursuant to clause 2.2.1 & 2.2.2 of this RFP.
3.1.9 After evaluation of Technical Bids, the Authority will publish a list of Technically
Responsive Bidders whose financial bids shall be opened. The Authority shall notify
other Bidders that they have not been technically responsive. The Authority will not
entertain any query or clarification from Applicants who fail to qualify.
3.2 Opening and Evaluation of Financial Bids

The Authority shall inform the venue and time of online opening of the Financial Bids
to the technically responsive Bidders through e-procurement portal and e-mail. The
Authority shall open the online Financial Bids of the technically responsive Bidders
only on scheduled date and time in the presence of the authorised representatives of
the Bidders who may choose to attend. The Authority shall publicly announce the Bid
Prices quoted by the technically responsive Bidder. Thereafter, the Authority shall
prepare a record of opening of Financial Bids.
3.3 Selection of Bidder
3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as
responsive in terms of Clause 3.1.6 and who quotes lowest price shall be declared as
the selected bidder (the “Selected Bidder”), the bidder shall be declared as the selected
Bidder (the “Selected Bidder”) in pursuance to the procedure defined hereunder:
(i) Among all the responsive bidder, the lowest bidder will be termed as L1. If L1
is ‘Class – I Local Supplier’, the contract will be awarded to L1.
(ii) If L1 is not ‘Class – I Local Supplier’, the lowest bidder among the ‘Class – I
Local Supplier’, will be invited to match L1 price subject to Class – I Local
Supplier’s quoted price falling within the margin of purchase preference, and the

Page 45 of 102
Oct 2023
contract will be awarded to such ‘Class – I Local supplier’ subject to matching

the L1 price.
(iii) In case such lowest eligible ‘Class-I Local Supplier’ fails to match the L1
price, the ‘Class-I Local Supplier’ with the next higher bid within the margin of
purchase preference shall be invited to match the L1 price and so on and contract
shall be awarded accordingly. In case none of the ‘Class – I Local Supplier’ within
the margin 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
quoted by a ‘Class – I Local Supplier’ may be above the L1 for the purpose of purchase
preference. The margin of purchase preference shall be 20%.
3.3.2 In the event that two or more Bidders quote the same BID Price (the "Tie BIDs"), the
Authority shall identify the Selected Bidder by draw of lots, which shall be conducted,
with prior notice, in the presence of the Tie Bidders who choose to attend.
3.3.3 In the event that the Lowest Bidder is not selected for any reason except the reason
mentioned in Clause 2.1.12 (b) (4), the Authority shall annul the Bidding Process and
invite fresh BIDs. In the event that the Authority rejects or annuls all the BIDs, it may,
in its discretion, invite all eligible Bidders to submit fresh BIDs hereunder.
3.3.4 After selection, a Letter of Acceptance (the “LOA”) shall be issued in the format set
forth in Appendix-VIII, in duplicate, by the Authority to the Selected Bidder and the
Selected Bidder shall, within 7(seven) days of the receipt of the LOA, sign and return
the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate
copy of the LOA duly signed by the Selected Bidder is not received by the stipulated
date, the Authority may, unless it consents to extension of time for submission thereof,
appropriate the BID Security of such Bidder as Damages on account of failure of the
Selected Bidder to acknowledge the LOA.
3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause
the Bidder to submit Performance Security and Additional Performance Security (if
any) within the period prescribed/extended by Authority and then execute the
Agreement within the period prescribed givenin Data Sheet. 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

Page 46 of 102
Oct 2023
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.

Page 47 of 102
Oct 2023
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 &
appropriate the Bid Security or Performance Security, 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 1 (one) year from the date such Bidder, or
Contractor, as the case may be, is found by the Authority to have directly or indirectly
or through an agent, engaged or indulged in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practices, as the case may be.
4.3 For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “corrupt practice” means the offering, giving, receiving or soliciting of anything
of value, pressurizing to influence the action of a public official in the process
of tendering and execution of the project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;
(c) “coercive practice” means impairing or harming, or threatening to impair or
harm, directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;
(d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by the Authority with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding
Process; or (ii) having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any understanding or

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

Page 48 of 102
“Construction of Twin Tube Uni-directional Aizawl Bypass Tunnel of 2.5 km and its
section of NH-6 in the State of Mizoram on EPC Mode
Mar 2023
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.
Page 49 of 111
Oct 2023
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.

Page 50 of 102
Oct 2023
SECTION-7
DATASHEET
(As Mentioned in RFP)
1 Bidding Schedule ( Refer Clauses 1.1.5, 1.3, 2.11.4(i), 2.12, 2.13, 2.14.2.3, 2.15.2 &
3.1.1)
Date
Sl. No. Event Description
1. Invitation of RFP (NIT) [09.10.2023]
2. Last date for receiving queries [03.11.2023] before 1100 hrs
3. Pre-BID meeting at venue 2.11.4 (i) [03.11.2023] at 1500 hrs
4. Authority response to queries latest by [08.11.2023
5. Last date of Request for BID Document [23.11.2023 upto 1100 hrs
6 BID Due Date [23.11.2023 upto 1100 hrs]
7. Physical Submission of Bid Security/POA etc. 23.11.2023 upto 1100 hrs
8. Opening of Technical BIDs at venue 2.11.4 (i) [24.11.2023 after 1130 hrs]
9. Declaration of eligible / qualified Bidders To be intimated later]
10. Opening of Financial BID
11. Letter of Acceptance (LOA)
12. Return of signed duplicate copy of LOA
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
Additional Performance Security (APS), if any bidder has the option to provide 50%
of PS and APS, if any within 30 days of
receipt of LOA and the remaining PS
and APS, if any to be provided within
30 days of signing of agreement).
15. Signing of Agreement Within 10 days from the receipt of
50% of Performance Security and 50%
of Additional Performance Security, if
any
2. Cost of BID/RFP document (inclusive of GST : ₹ 106200/-

@ 18%) (Refer Clauses No. 1.2.4)
3. Officer Designated (Refer Clauses No. 1.2.9 & 2.11.4):
Name : Mohammad Khalid

Designation : General Manager (Tech)
Address : 3rd floor, PTI Building,
4-Parliament Street, New Delhi.
Phone : +91-11-23461696
E-mail : gmt5@nhidcl.com
Ed3nhidcl@gmail.com

Page 51 of 102
Oct 2023
4 Threshold Technical Capacity : ₹ 1000 Crore

(Refer Clause 2.2.2.2(i))
5 Data/Details for similar work (Technical :

Capacity)(Refer Clause No. 2.2.2.2
5.1 Definition : 2.2.2.2 (iii)b
a. Estimated Project Cost (Excl. GST) : ₹ 893.79 Crore
b. Tunnel/Major Bridge (if any) : Unidirectional Twin Tube Tunnel
(i) Finished Cross-sectional Area of : 85.192 M2
proposed Tunnel (in case of Tunnel)
(ii) Length of Tunnel to be constructed : 2500 M
(iii) Longest Span of Major Bridge/ ROB : NA
/Flyover to be constructed
6 Performance Security (Refer Clause No. : Equal to 3% (Three percent) of its Bid Price.
2.21.1)
Sr. Year Up-dation Financial
No No. factor Year
1 Year 1 1.00 FY 2022-23
2 Year 2 1.05 FY 2021-22
7. Financial Years : 3 Year 3 1.10 FY 2020-21
4 Year 4 1.15 FY 2019-20
5 Year 5 1.20 FY 2018-19
Note: In case of more no. of years the
upgradation factor will increase by 5%.
8. Bid Security ₹ 8.94 Crore

Page 52 of 102
Oct 2023
Guidance Note
Note 1 : The cost of Bid/RFP document may be determined at the rate of Rs. 10,000 for every Rs. 100 rore or part
thereof comprising the Estimated Project Cost. Thus the cost of an RFP document for a project of Rs. 200
crore shall be Rs. 20,000. GST @ 18% must be added in the Bid/RFP document cost.
Note 2 : The Threshold Technical Capacity amount should be as follows:

Sl. Estimated Project Cost (EPC) of the Project being
Threshold Technical Capacity
No invited
1 Estimated Project Cost< = 100 Crore of normal
0.75 time of Estimated Project Cost
highway project
2 Estimated Project Cost> 100 Crore &< = 500 Crore of
1.0 time of Estimated Project Cost
normal highway project
3 Estimated Project Cost> 500 Crore of normal highway 1.0 times of Estimated Project Cost or Rs.
project 1000 crore, whichever is less.
Note 3: While extending the BID Due Date on account of an addendum, the Authority shall have due regard for the time
required by Bidders to address the amendments specified therein. In the case of significant amendments, at least
15(fifteen) days shall be provided between the date of amendment and the BID Due Date, and in the case of minor
amendments, at least 7 (seven) days shall be provided.

Page 53 of 102
Oct 2023
APPENDIX -IA
IA LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)
The General Manager (Tech),

National Highways &Infrastructure Development Corporation Limited
3rd Floor, PTI Building, 4- Parliament Street,
New Delhi - 110001
Sub: BID for “[………..Name of the Work……….]”.
Dear Sir,
With reference to your RFP document dated xx/xx/2020, 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:
(a) I/ We have examined and have no reservations to the Bidding Documents,
including any Addendum issued by the Authority; and

Page 54 of 102
Oct 2023
(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.
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.

Page 55 of 102
Oct 2023
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 submit a BID Security of Rs ………. Crore (Rupees …………………….. Only)

to the Authority in accordance with the RFP Document.
21. The BID Security in the prescribed format as per 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.
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

Page 56 of 102
Oct 2023
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.
Yours faithfully,
Date: (Signature, name and

designation
Place: of the Authorised signatory)
Name & seal of Bidder/Lead Member
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to it,
and ‘Deleted’ may be indicated there.
.

Page 57 of 102
Oct 2023
APPENDIX - IB
LETTER COMPRISING THE FINANCIAL BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated: __________
The General Manager (Tech),
3rd Floor, PTI Building, 4- Parliament Street,
New Delhi - 110001
Sub: BID for “[Construction of Twin Tube Uni-directional Aizawl Bypass Tunnel of 2.5
km and its approaches of 2.1 km from km 10.600 to km 15.200 (Package-2) on
Sairang - Phaibawk section of NH-6 in the State of Mizoram on EPC Mode.]”.
Dear Sir,
With reference to your RFP document dated xx/xx/2020, 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 mentioned in the Financial Bid submitted
online for undertaking the aforesaid Project in accordance with the Bidding Documents and
the Agreement.
Yours faithfully,
Date: (Signature, name and designation of the

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

Page 58 of 102
Oct 2023
Appendix -IA
Annex-I
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in India:
(d) Date of incorporation and/ or commencement of business:
2. Brief description of the Bidder including details of its main lines of business and
proposed role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication for the
Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
4. Particulars of the Authorised Signatory of the Bidder:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number
5. In case of a Joint Venture:
(a) The information above (1-4) should be provided for all the Members of the Joint
Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should
be attached to the Application.
(c) Information regarding the role of each Member should be provided as per table
below:
Sl. Name of Member Role* {Refer Share of work in
Clause 2.1.11(d)}$ theProject{Refer
Clauses2.1.11(a), (f) & (g)}
1.
2.
* The role of each Member, as may be determined by the Applicant, should be indicated in
accordance with instruction 4 at Annex-IV.

Page 59 of 102
Oct 2023
………contd
(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:

Page 60 of 102
Oct 2023
Sr. Name of
No. Categories of Non-Performer the
projects(s)
(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 4- 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 (0TH) 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 fulfil 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 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 due to
construction defect wherein no casualties are reported (causalities
include injuries to human being / animals).

Page 61 of 102
Oct 2023
Sr. Name of
No. Categories of Non-Performer the
projects(s)
(xiii) Occurrence of major failure of structures/highway due to 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 installment 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.
(xvii) Failed to perform for the works of Expressways, National Highways, ISC
ft El works in the last2(two) years, as evidenced by imposition Of a
penalty by an arbitral judicial authority or a by imposition of a penalty by
an arbitral award againstthe 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……………………………………..

Page 62 of 102
Oct 2023
Appendix -IA
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant Project Cate- Experience** (Equivalent Rs. crore)$$ Technical
$
type Code* gory Payments received for Value of self- Experience£
construction of construction in
Eligible Eligible Projects in
Projects in Categories 1 and 2
Categories 3 & 4
(1) (2) (3) (4) (5) (6)
Single a
entity b
Bidder or c
Lead Member d
including other e
members of the f
Joint Venture
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.
14
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the Reserve
Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight) days prior to the
Application Due Date.

Page 63 of 102
Oct 2023
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).

Page 64 of 102
Oct 2023
Appendix -IA
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP) (In Rs. crore$)
Bidder type Net Cash Accruals Net

Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead Member
including other members of the Joint
Venture
TOTAL
Bidder type Annual Turnover Average

Annual
Year 1 Year 2 Year 3 Year 4 Year 5 Turnover
(Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (In Rs.
factor factor factor factor factor
crore$)
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6x
7+8x9+10x11
)/5
Single entity 1.00 1.05 1.10 1.15 1.20
Bidderor
Lead
Member
including
other
membersof
theJoint
Venture
Name & address of Bidder’s Bankers:

$
For conversion of other currencies into rupees, see note below Annex-II of Appendix-I.
£
The Bidder should provide details of its own Financial Capacity.
Instructions:
1. The Bidder shall attach the certificate of Turn Over and Net Worth issued by Statutory
Auditor as per the format given below:
(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

Page 65 of 102
Oct 2023
(d) correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.
3. Net Worth (the “Net worth”) shall 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 2.1.11 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.
8. Format for Certificate of Net Worth by Statutory Auditor (Format Attached as Appendix-
X).
9. Format for Certificate of Turn Over by Statutory Auditor (Format Attached as Appendix-
XI).

Page 66 of 102
Oct 2023
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 of 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 was 10
held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information provided in this
section is intended to serve as a backup for information provided in the Application.
Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for each
Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to be provided
here should indicate the break-up for the past 5 (five) financial years. Year 1 refers to the
financial year immediately preceding the Bid Due Date; Year 2 refers to the year before
Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause 2.1.13). For
Categories 1 and 2, expenditure on construction of the project by the Applicant itself
should be provided, but only in respect of projects having an estimated capital cost
exceeding the amount specified in Clause 2.2.2.6(i)(c). In case of Categories 3 and 4,
payments received only in respect of construction should be provided, but only if the
amount received exceeds the minimum specified in Clause 2.2.2.6(ii). Receipts for
construction works should only include capital expenditure, and should not include
expenditure on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to

Page 67 of 102
Oct 2023
concession,etc.) may be provided. In case of projects in Categories 3 and 4, similar

particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and
2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion, should
be indicated. In case of Categories 3 and 4, date of completion of construction should be
indicated. In the case of projects under construction, the likely date of completion or
commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning the
Eligible Project, held continuously during the period for which Eligible Experience is
claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice. In
other words, no double counting in respect of the same experience shall be permitted in
any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$or its respective clients must be furnished
as per formats below for each Eligible Project. In jurisdictions that do not have statutory
auditors, the auditors who audit the annual accounts of the Bidder may provide the
requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£,it should provide a certificate
from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d) :
Certificate from the Statutory Auditor regarding PPP projects

Based on its books of accounts and other published information authenticated by it, this is to
certify that …………………….. (name of the Bidder) is/ was an equity shareholder in
……………….. (title of the project company) and holds/held Rs. ……… cr. (Rupees
………………………….. crore) of equity (which constitutes........... %€ of the total paid up and
subscribed equity capital) of the project company from …………... (date) to ……………..
(date)¥The project was/is commenced on ………(date) and likely to be commissioned on
……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. .............. cr. (Rupees
…………………crore), of which the applicant has itself undertaken the construction of project of
Rs. ………(Rupees .............. Crores) excluding any part of the project for which any contractor,
sub-contractor or other agent was appointed for the purpose of construction as per Clause 2.2.2.6(i)
(d) by the aforesaid Applicant itself, during the past five financial years as per year-wise details
noted below:
……………………………………….
……………………………………….
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)
$
In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary.
£
Refer Clause 2.2.2.5 of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ orownedthe……….(name of
project)from…..(date)to………….(date).”

Page 68 of 102
Oct 2023
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 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 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 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.
16. To satisfy the qualification requirement under clause 2.2.2.2 (ii) & (iii), the bidder is
required to submit a certificate from project owning department/corporations signed by
Officer not below the level of Executive Engineer or equivalent.

Refer Clauses2.2.2.5and2.2.2.6(ii)of the RFP.
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company. However, in
case the work of other member(s) is also executed by the applicant, then this fact should also be certified by
the Statutory Auditor and accordingly the language may be suitably modified.
♠
This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture or
as authorize sub-contractor. This portion may be omitted if the contract did not involve a partnership/ joint
venture or authorize sub-contractor. In case where work is not executed by partnership/ joint venture or
authorize sub-contractor, this paragraph may be deleted.
In case of unauthorized sub-contractor proof of authorize sub-contracting has to be submitted

Page 69 of 102
Oct 2023
Appendix -IA
ANNEX-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/ Lead

Member of Joint Venture)
Ref.
Date:
To,
The General Manager (T),
National Highways &Infrastructure Development Corporation Limited
3rd Floor, PTI Building, Parliament Street,
New Delhi - 110001
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.

Page 70 of 102
Oct 2023
Appendix -IA
Annex-VI
Information required to evaluate the BID Capacity under clause 2.2.2.1:
To calculate the value of “A” and “C”

1. A table containing value of Civil Engineering Works in respect of EPC Projects (Turnkey
projects / Item rate contract/ Construction works) undertaken by the Bidder during the last
5 years is as follows (the amount of bonus received, if any, shall be indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net Value
No. undertaken w.r.t. EPC Projects bonus (Rs. in excluding bonus
including bonus, if any (Rs. in Crore) (Rs. In Crore)
Crore)
1 Year 1
2 Year 2
3 Year 3
4 Year 4
5 Year 5
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. Crore (Rupees ). Further,
value updated to the price level of the year indicated in Appendix is as follows:
Rs. Crore x (Updation Factor as per Appendix) = Rs. Crore
(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):
Sr. F.Y. / Calendar Amount of Updation Updated Amount of Bonus
No. Year Bonus (Rs. in Factor (Rs. in Crore)
Crore)
1 Year 1 1.00
2 Year 2 1.05
3 Year 3 1.10
4 Year 4 1.15
5 Year 5 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of
Seal of the audit firm: (Signature, name Authorised
and Signatory
: designation and Membership No.
of authorised signatory) For and on behalf of …………(Name of
the Bidder)
Date:

Page 71 of 102
Oct 2023
Place:
To calculate the value of “B”

A table containing value of all the existing commitments and on-going works to be completed
during the next ** years is as follows:
Sl. Nameo Percentageof Daterofst Constructi Valueofcontr Valueofw Balanceva Anticipated Balancevalueof
No. fProject participation art/appoin onperioda act orkcomple lueofwork dateofcom workat2019-
/Work ofBidderinth teddateof sperAgre asperAgreem ted tobecompl pletion 20/2019pricelev
eproject project ement/LO ent /LOA eted el
A
Rs.inCro Rs.inCrore Rs.inCrore Rs.inCrore

re
1 2 3 4 5 6 7 8=(6-7) 9 10(3x8x#)
# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 Year 1 1.00
2 Year 2 1.05
3 Year 3 1.10
4 Year 4 1.15
5 Year 5 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 Place: 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 Name of the Statutory Auditor’s firm:
of Authorised Signatory Seal of the audit firm: (Signature, name
and designation and Membership No. of
For and on behalf of ........................ (Name authorised signatory)
of the Bidder)
Date: Place:
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.

Page 72 of 102
Oct 2023
Appendix -IA
Annex-VII
Annex-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.
…..Contd.

Page 73 of 102
Oct 2023
(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

Page 74 of 102
Oct 2023
Appendix -IA
Annex-VIII
Annex-VIII
Details of ongoing works (Ref Clause 10.3 (iv) of Draft EPC
Agreement)
Sr.No. Name of the Contract Price Appointed Original Likely Date of Reason for
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.)
#Tobe 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:

Page 75 of 102
Oct 2023
Appendix -IA
Annex-IX
Details of Ongoing & Awarded (for which LOA has been issued) works in NHIDCL
(Ref Clause 2.1.15of Section-2 of RFP)
Contract Date of Original

Name Price issuance Appointed Scheduled Progress Likely date
Sr.
of the of LOA as on of
No. (Rs. Date completion
work Date Completion
Crore) date
1.
2.
3.
…….
I/We certify that all the information furnished above is true in all respects.
Name of the Bidder:

Signature of the Authorised Signatory:
Name of the Authorised Signatory:
Date:
Place:

Page 76 of 102
Oct 2023
APPENDIX – II
Bank Guarantee for BID Security

(Refer Clauses 2.20)
B.G. No. Dated:
1. In consideration of you, ****, having its office at ****, (hereinafter referred to as the
“Authority”, which expression shall unless it be repugnant to the subject or context thereof
include its, successors and assigns) having agreed to receive the BID of …………………… and
having its registered office at ……………………… (and acting on behalf of its JV) (hereinafter
referred to as the “Bidder” which expression shall unless it be repugnant to the subject or context
thereof include its/their executors, administrators, successors and assigns), for the*** ** Project
on EPC basis (hereinafter referred to as “the Project”) pursuant to the RFP Document dated
…………… issued in respect of the Project and other related documents including without
limitation the draft contract Agreement (hereinafter collectively referred to as “Bidding
Documents”), we (Name of the Bank) having our registered office at ………………… and one
of its branches at …………………….. (hereinafter referred to as the “Bank”), at the request of
the Bidder, do hereby in terms of Clause 1.2.4 read with Clause 2.20 of the RFP Document,
irrevocably, unconditionally and without reservation guarantee the due and faithful fulfilment
and compliance of the terms and conditions of the Bidding Documents (including the RFP
Document) by the said Bidder and unconditionally and irrevocably undertake to pay forthwith
to the Authority an amount of Rs. *** ** (Rupees *** ** only) (hereinafter referred to as the
“Guarantee”) as our primary obligation without any demur, reservation, recourse, contest or
protest and without reference to the Bidder if the Bidder shall fail to fulfil or comply with all or
any of the terms and conditions contained in the said Bidding Documents.
2. Any such written demand made by the Authority stating that the Bidder is in default of the due
and faithful fulfilment and compliance with the terms and conditions contained in the Bidding
Documents shall be final, conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under
this Guarantee without any demur, reservation, recourse, contest or protest and without any
reference to the Bidder or any other person and irrespective of whether the claim of the Authority
is disputed by the Bidder or not, merely on the first demand from the Authority stating that the
amount claimed is due to the Authority by reason of failure of the Bidder to fulfil and comply
with the terms and conditions contained in the Bidding Documents including failure of the said
Bidder to keep its BID open during the BID validity period as set forth in the said Bidding
Documents for any reason whatsoever. Any such demand made on the Bank shall be conclusive
as regards amount due and payable by the Bank under this Guarantee. However, our liability
under this Guarantee shall be restricted to an amount not exceeding Rs. *** **(Rupees *** **
only).
4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one hundred
and eighty) days from the BID Due Date inclusive of a claim period of 60 (sixty) days or for
such extended period as may be mutually agreed between the Authority and the Bidder, and
agreed to by the Bank, and shall continue to be enforceable till all amounts under this Guarantee
have been paid.
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

Page 77 of 102
Oct 2023
decision of the Authority that the Bidder is in default as aforesaid shall be final and binding on
us, notwithstanding any differences between the Authority and the Bidder or any dispute
pending before any Court, Tribunal, Arbitrator or any other Authority.
6. The Guarantee shall not be affected by any change in the constitution or winding up of the
Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with
any other person.
7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank as
the principal debtor. The Authority shall have the fullest liberty without affecting in any way
the liability of the Bank under this Guarantee from time to time to vary any of the terms and
conditions contained in the said Bidding Documents or to extend time for submission of the
BIDs or the BID validity period or the period for conveying acceptance of Letter of Award by
the Bidder or the period for fulfilment and compliance with all or any of the terms and conditions
contained in the said Bidding Documents by the said Bidder or to postpone for any time and
from time to time any of the powers exercisable by it against the said Bidder and either to enforce
or forbear from enforcing any of the terms and conditions contained in the said Bidding
Documents or the securities available to the Authority, and the Bank shall not be released from
its liability under these presents by any exercise by the Authority of the liberty with reference
to the matters aforesaid or by reason of time being given to the said Bidder or any other
forbearance, act or omission on the part of the Authority or any indulgence by the Authority to
the said Bidder or by any change in the constitution of the Authority or its absorption, merger
or amalgamation with any other person or any other matter or thing whatsoever which under the
law relating to sureties would but for this provision have the effect of releasing the Bank from
its such liability.
8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made
if addressed to the Bank and sent by courier or by registered mail to the Bank at the address set
forth herein.
9. We undertake to make the payment on receipt of your notice of claim on us addressed to [name
of Bank along with branch address] and delivered at our above branch which shall be deemed
to have been duly authorised to receive the said notice of claim.
10. It shall not be necessary for the Authority to proceed against the said Bidder before proceeding
against the Bank and the guarantee herein contained shall be enforceable against the Bank,
notwithstanding any other security which the Authority may have obtained from the said Bidder
or any other person and which shall, at the time when proceedings are taken against the Bank
hereunder, be outstanding or unrealised.
11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with
the previous express consent of the Authority in writing.
12. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute this
Guarantee for and on behalf of the Bank.
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)].

Page 78 of 102
Oct 2023
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 NHIDCL, details of which is as under:
S.
Particulars Details
N.
National Highways and Infrastructure
1 Name of the Beneficiary
Development Corporation Limited
2 Beneficiary Bank Account No. 90621010002659
3 Beneficiary Bank Branch IFSC CNRB0019062
4 Beneficiary Bank Branch Name Transport Bhawan, New Delhi
Canara Bank (erstwhile Syndicate Bank)
5 Beneficiary Bank Address Transport Bhawan, 1st Parliament Street,
New Delhi-110001
Signed and Delivered by ………………………. Bank
By the hand of Mr./Ms …………………….., its ………………….. and authorised official.
(Signature of the Authorised Signatory)

(Official-Seal)

Page 79 of 102
Oct 2023
APPENDIX-III
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 ( Name ) and presently residing at (Address), who is presently employed
with us/ the Lead Member of our Joint Venture and holding the position of (Designation),
as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on
our behalf, all such acts, deeds and things as are necessary or required in connection with or
incidental to submission of our BID for the Project proposed or being developed by the National
Highways & Infrastructure Development Corporation Ltd. (the “Authority”) including but not
limited to signing and submission of all applications, BIDs and other documents and writings,
participate in Pre-BID and other conferences and providing information/ responses to the
Authority, representing us in all matters before the Authority, signing and execution of all contracts
including the agreement and undertakings consequent to acceptance of our BID, and generally
dealing with the Authority in all matters in connection with or relating to or arising out of our BID
for the said Project and/ or upon award thereof to us and/or until the entering into of the EPC
Contract with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done by
us.
IN WITNESS WHEREOF WE,…………………., THE ABOVE NAMED PRINCIPAL HAVE

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

Page 80 of 102
Oct 2023
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:………………

Page 81 of 102
approaches of 2.1 km from km 10.600 to km 15.200 (Package-2) on Sairang - Phaibawk Mar
2023
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.

Page 82 of 98
Oct 2023
APPENDIX-IV
FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF JOINT VENTURE

Whereas the National Highways & Infrastructure Development Corporation Ltd. (“the
Authority”) has invited BIDs for the “[………..Name of the Work……….]”(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 ............................
,(herein after collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate, constitute, appoint and authorize M/S ……. having its registered office at ………., being
one of the Members of the Joint Venture, as the Lead Member and true and lawful attorney of the
Joint Venture (hereinafter referred to as the “Attorney”). We hereby irrevocably authorize the
Attorney (with power to sub-delegate) to conduct all business for and on behalf of the Joint Venture
and any one of us during the bidding process and, in the event the Joint Venture is awarded the
contract, during the execution of the Project and in this regard, to do on our behalf and on behalf
of the Joint Venture, all or any of such acts, deeds or things as are necessary or required or incidental
to the pre-qualification of the Joint Venture and submission of its BID for the Project, including
but not limited to signing and submission of all applications, BIDs and other documents and
writings, participate in pre BID and other conferences, respond to queries, submit information/
documents, sign and execute contracts and undertakings consequent to acceptance of the BID of
the Joint Venture and generally to represent the Joint Venture in all its dealings with the Authority,
and/ or any other Government Agency or any person, in all matters in connection with or relating
to or arising out of the Joint Venture’s BID for the in all respect Project and/ or upon award thereof
till the EPC Contract is entered into with the Authority & Compelled.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred
by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise
of the powers hereby conferred shall and shall always be deemed to have been done by us/ Joint
Venture.

Page 83 of 102
Oct 2023
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2020
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.

Page 84 of 102
Oct 2023
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 …………2022
AMONGST
1. {………… Limited, and having its registered office at ................................... }(hereinafter

referred to as the “First Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)
AND
2. {………… Limited, having its registered office at ................................... } and(hereinafter

referred to as the “Second Part” which expression shall, unless repugnant to the context include
its successors and permitted assigns)
AND
3. {………… Limited, and having its registered office at …………} (hereinafter referred to as the
“Third Part” which expression shall, unless repugnant to the context include its successors and
permitted assigns)
The above mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively
referred to as the “Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) NATIONAL HIGHWAYS & INFRASTRUCTURE DEVELOPMENT

CORPORATION LTD., established under the Company Act, represented by its
Managing Director and having its principal office at 3rd Floor, PTI Building, 4-
Parliament Street, New Delhi-110001 (hereinafter referred to as the “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 “[………..Name of the Work……….]” (the “Project”) through an
EPC Contract.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the RFP document and
other bid documents in respect of the Project, and

Page 85 of 102
Oct 2023
(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
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.

Page 86 of 102
Oct 2023
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 (fiftyone) per cent
of the total length of the project highway if the Contract is allocated to the Joint Venture.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing under the laws
of its incorporation and has all requisite power and authority to enter into this
Agreement;
(b) The execution, delivery and performance by such Party of this Agreement has been
authorised by all necessary and appropriate corporate or governmental action and
a copy of the extract of the charter documents and board resolution/ power of
attorney in favour of the person executing this Agreement for the delegation of
power and authority to execute this Agreement on behalf of the Joint Venture
Member is annexed to this Agreement, and will not, to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to
it;
(iii) violate the memorandum and articles of association, by-laws or other
applicable organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other

governmental authorisation, approval, judgement, order or decree or any
mortgage agreement, indenture or any other instrument to which such Party
is a party or by which such Party or any of its properties or assets are bound
or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests,
charges or Encumbrances or obligations to create a lien, charge, pledge,
security interest, encumbrances or mortgage in or on the property of such
Party, except for encumbrances that would not, individually or in the
aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement;

Page 87 of 102
Oct 2023
(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 Bid Security by the
Authority to the Bidder, as the case may be.
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of {India}.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND
DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.SIGNED,
SEALED AND DELIVERED
For and on behalf of
LEAD MEMBER by: SECOND PART THIRD PART

(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address) In the presence of:
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with
the procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution / power of attorney in favour of the person executing this

Page 88 of 102
Oct 2023
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.

Page 89 of 102
Oct 2023
APPENDIX VI
INTEGRITY PACT FORMAT
(To be executed on plain paper and submitted alongwith 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 NHIDCL)
This integrity Pact is made at on this day of 2020.

BETWEEN
[President of India through NATIONAL HIGHWAYS & INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD., established under the Companies Act, 2013,
represented by its Managing Director and having its principal office at 3rd Floor, PTI Building, 4-
Parliament Street, New Delhi-110001], (hereinafter referred to as the “Principal/Owner” which
expression shall, unless repugnant to the context or meaning thereof, include its administrators,
successors and assigns)
AND
{Name and address of the Firm/Company}, (hereinafter referred to as “The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.)
Preamble
Whereas, the Principal has floated the Tender {NIT No……….dtd…………} (hereinafter referred
to as “Tender/Bid”) and intends to award, under laid down organizational procedure, contract/s for
{Name of the work} (hereinafter referred to as the “Contract”).
And Whereas the Principal values full compliance with all relevant laws of the land, rules of land,
regulations, economic use of resources and of fairness/ transparency in its relations with its
Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this Integrity
Pact (hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of which shall
also be read as integral part and parcel of the Tender documents and contract between the parties.
Now, therefore, in consideration of mutual covenants contained in this pact, the parties hereby
agree as follows and this pact witnesses as under:
Article-1: Commitments of the Principal

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

Page 90 of 102
Oct 2023
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. 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.

Page 91 of 102
Oct 2023
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.
(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/

Page 92 of 102
Oct 2023
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to forfeit the
Performance Bank Guarantee of the Contractor/ Concessionaire/ Consultant and/ or demand and
recover liquidated and all damages as per the provisions of the contract/concession agreement
against Termination.
Article – 5: Previous Transgressions
(1) The Bidder declares that no previous transgressions occurred in the last 3 years immediately
before signing of this Integrity Pact with any other Company in any country conforming to
the anticorruption/ Transparency International (TI) approach or with any other Public
Sector Enterprise/ Undertaking in India or any Government Department in India that could
justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action for his exclusion can be taken as mentioned under Article-3 above
for transgressions of Article-2 and shall be liable for compensation for damages as per
Article-4 above.
Article – 6: Equal treatment of all Bidders/ Contractors/ Concessionaires/ Consultants/

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

Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a
Bidder/ Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)

(1) The Principal has appointed an Independent External Monitor (herein after referred to as
“Monitor”) for this Pact. The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs
his functions neutrally and independently. He reports to the Director General (Road
Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the Monitor has
the right to access without restriction to all project documentation of the Principal including
that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s). The
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)will also grant the Monitor, upon
his request and demonstration of a valid interest, unrestricted and unconditional access to

Page 93 of 102
Oct 2023
his project documentation. The same is applicable to Subcontractors. The Monitor is under
contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the
Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so
inform the Management of the Principal and request the Management to discontinue or take
corrective action, or to take other relevant action. The monitor can in this regard submit
non-binding recommendations. Beyond this, the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate action.
(6) The Monitor will submit a written report to the Director General (Road Development) &
Special Secretary within 8 to 10 weeks from the date of reference or intimation to him by
the Principal and, should the occasion arise, submit proposals for correcting problematic
situations.
(7) If the Monitor has reported to the Director General (Road Development) & Special
Secretary, a substantiated suspicion of an offence under relevant IPC/PC Act, and the
Director General (Road Development) & Special Secretary has not, within the reasonable
time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner.
(8) The word 'Monitor' would include both singular and plural.
Article – 9 Pact Duration

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

Page 94 of 102
Oct 2023
(5) Any disputes/ differences arising between the parties with regard to term of this pact, any
action taken by the Principal in accordance with this Pact or interpretation thereof shall not
be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provision of the extent law in force relating to any
civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first done
mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/ Contractor/
Concessionaire/ Consultant)
(Office Seal )
Place Date
Witness 1 : (Name & Address):
Witness 2 : (Name & Address):
{COUNTERSIGNED and
accepted by: JV Partner}

Page 95 of 102
Oct 2023
APPENDIX-VII
VIIFORM OF BANK GUARANTEE
(See Clauses 2.21)
[Performance Security/Additional Performance Security]
To
[name of Authority]
[address of Authority]
WHEREAS___________[name and address of Contractor] (hereafter called the “Contractor”) has

undertaken, in pursuance of Letter of Acceptance (LOA) No. Dated_ for construction of [name of
the Project] (hereinafter called the“Contract”)
AND WHEREAS the Contract requires the Contractor to furnish an {Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under and in
accordance with the Contract, during the {Construction Period/ Defects Liability Period and
Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee
Amount”1).
AND WHEREAS we, ………………….. through our branch at
.......................................................................................................................................................
(the “Bank”) have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by
way of Performance Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms
as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/ Defects Liability
Period and Maintenance Period} under and in accordance with the Contract, and agrees and
undertakes to pay to the Authority, upon its mere first written demand, and without any demur,
reservation, recourse, contest or protest, and without any reference to the Contractor, such sum or
sums up to an aggregate sum of the Guarantee Amount as the Authority shall claim, without the
Authority being required to prove or to show grounds or reasons for its demand and/or for the sum
specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of [General
Manager of National Highways & Infrastructure Development Corporation Limited], 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.
1
Guarantee Amount for Performance Security and Additional Performance Security shall
be calculated as per Contract.

Page 96 of 102
Oct 2023
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Contractor and/or the Bank,
whether by their absorption with any other body or corporation or otherwise, shall not in any way
or manner affect the liability or obligation of the Bank under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the Contract or to
extend the time or period for the compliance with, fulfillment and/ or performance of all or any of
the obligations of the Contractor contained in the Contract or to postpone for any time, and from
time to time, any of the rights and powers exercisable by the Authority against the Contractor, and
either to enforce or forbear from enforcing any of the terms and conditions contained in the Contract
and/or the securities available to the Authority, and the Bank shall not be released from its liability
and obligation under these presents by any exercise by the Authority of the liberty with reference
to the matters aforesaid or by reason of time being given to the Contractor or any other forbearance,
indulgence, act or omission on the part of the Authority or of any other matter or thing whatsoever
which under any law relating to sureties and guarantors would but for this provision have the effect
of releasing the Bank from its liability and obligation under this Guarantee and the Bank hereby
waives all of its rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the Contract or for
the fulfillment, compliance and/or performance of all or any of the obligations of the Contractor
under the Contract.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force for the
period specified in paragraph 8 below and unless a demand or claim in writing is made by the
Authority on the Bank under this Guarantee all rights of the Authority under this Guarantee shall
be forfeited and the Bank shall be relieved from its liabilities hereunder.
8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand or claim
under this Guarantee is made in writing before expiry of the Guarantee, the Bank shall be
discharged from its liabilities hereunder.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it has the power
to issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been duly
authorized to receive such notice and to effect payment thereof forthwith, and if sent
$
Insert date atleast 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause 2.21 of the
RFP). The Contractors can submit the BG for periods of two years at one time and keep on renewing the same till the
DLP is over if they have problems in getting the BG in one go for the entire DLP.

Page 97 of 102
Oct 2023
by post it shall be deemed to have been given at the time when it ought to have been delivered in
due course of post and in proving such notice, when given by post, it shall be sufficient to prove
that the envelope containing the notice was posted and a certificate signed by an officer of the
Authority that the envelope was so posted shall be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force and
effect for up to the date specified in paragraph 8 above or until it is released earlier by the Authority
pursuant to the provisions of the Contract.
12. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is
hereby excluded.
13. This guarantee shall also be operatable at our……….Branch at 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.
14. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank Guarantee to the
designated bank of [MoRT&H/NHAI/NHIDCL/State PWD/BRO], details of which is as under:
S.No Particulars Details

.
1 Name of Beneficiary National Highways & Infrastructure
Development Corporation Limited
2 Beneficiary Bank Account No. 90621010002659
3 Beneficiary Bank Branch IFSC CNRB0019062
4 Beneficiary Bank Branch Transport Bhawan, New Delhi
Name
5 Beneficiary Bank Address Canara Bank (erstwhile Syndicate Bank)
transport Bhawan, 1st Parliament Street, New
Delhi-110001
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)

Page 98 of 102
Oct 2023
APPENDIX-VIII
Format of LOA
(See Clauses 3.3.4)
No.________________________
Government of India
National Highways & Infrastructure Development Corporation Ltd.
3rd Floor, PTI Building, 4, Parliament Street, New Delhi – 110001
Dated,
To,
{Name of selected Bidder}
Subject: {project description}- Letter of Acceptance (LOA)-Reg.
Reference: Your bid for the subject work dated ……………..
Sir,
This is to notify you that your Bid dated ………… for execution of the {project
description}, at your quoted bid price amounting to Rs. ........................... /- {amount in
words}has been determined to be the lowest evaluated bid and is substantially responsive
and has been accepted.
3. You are requested to return a duplicate of the LOA as an acknowledgement and sign the
Contract Agreement within the period prescribed given in Data Sheet of the RFP.
4. You are also requested to furnish Performance Security for an amount of ………………..
…………………. {and Additional Performance Security for an amount of
……………………….} as per Clause 2.21 of the RFP within 30 (thirty) days of receipt of
this Letter of Acceptance (LOA). In case of delay in submission of Performance Security
and Additional Performance Security, if any, you may seek extension of time for a period
not exceeding 60 (Sixty) days in accordance with Clause 2.21 of RFP.
5. In case of failure of submission of Performance Security, Additional Performance Security
(if any) and Security against Damages (if any) within the additional 60 (Sixty) daystime
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"

Page 99 of 102
2023
APPENDIX-IX
Format of BOQ:
Tender Inviting Authority: National Highways & Infrastructure Development Corporation Limited (NHIDCL)
Name of Work:.
Contract No:
Name of the Bidder/ Bidding Firm / Company :
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevant columns, else the bidder is liable to be
rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only )
NUMBER # TEXT # NUMBER TEXT # NUMBER # NUMBER # TEXT #
#
Sl. Item Description Quantity Units Bid Price in Figure Excluding GST to be Total Amount in Total Amount in word
No. entered by the Bidder figure excluding GST excluding GST
Rs. P
1 Name of the Project 1.000 Lump Sum ₹ - ₹ Zero Only
Total in
₹ - ₹ Zero Only
Figures
Quoted
Rate in ₹ Zero Only
Words

Page 100 of 98
2023
APPENDIX-X
Letter Head of the Statutory Auditor

(Giving phone number, address and email address)
CERTIFICATE OF NET WORTH BY STATUTORY AUDITOR
1. This certificate is being issued on the request of ………..(Name of the Bidder and
address) for participating in tender in respect of National Highways and Infrastructure
Development Corporation of India Ltd. in accordance with the applicable auditing
standards and guidance Note issued by the Institute of Chartered Accountant of India.
2. We M/s …………..(Name of the Statutory Auditor) are statutory auditors of
…………..………..(Name of the Bidder) for the year ended 31st March 20XX
(appropriate year may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory Auditors of a
company, the form no. ADT 1.duly filed with the Registrar of Companies is
attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of chartered
accountants that audited last financial statements/books of accounts shall be
treated as Statutory Auditor while in case of a company, the statutory auditor
shall have same meaning as ‘Auditor’ defined under the Companies Act, 2013.
3. We have obtained all relevant record and information that were necessary for
providing this certificate.
4. We have read and understood the tender documents relating to financial (e.g.
‘Turnover’ and ‘Net worth), verified the standalone audited financial statements of
…… (Name of the Bidder), books of accounts and other relevant records and
information as at 31st March 20XX produced before us by …………..………..(Name
of the Bidder), and on basis of such verification, information and explanation given
to us, we certify that Net Worth of …………..………..(Name of the Bidder) as on 31
March 20XX has been computed strictly in compliance with the provision of clause
2.2.2.9(ii) of the RFP documents of the NHIDCL and as under:
Sr. Particulars Amount Remarks

No. (₹ in lakh)
1 Paid of Equity Share Capital
(This does not include advance against equity and application
money pending allotment)
2 Reserves and Surpluses (Other equity in case of Financial
Statements are prepared under Ind AS) created out of profits)
2.1 Accumulated Profits

Page 101 of 98
Oct 2023
2.2 Share/Security premium

2.3 Other Reserves
Total
Less Accumulated losses, if any
Less Miscellaneous expenditure to the extent not written off
or adjusted
Less Deferred Revenue Expenditure, if any
Less write back of depreciation, if any
Less any other reserve created out of profits like
amalgamation, capital restructuring, first time adoption of Ind
AS or debt restructuring prior to full settlement of debts.
5. This is certified that the Calculation of Net worth is based on standalone financial
statements of …………..………..(Name of the Bidder) prepared in conformity with
applicable Accounting Standards and it does not include following components:
i. Advance against equity;
ii. Share application money, pending allotment;
iii. Redeemable or non-redeemable Preference share capital ;
iv. Convertible and non-convertible debentures;
v. Revaluation Reserves;
vi. Accumulated losses;
vii. Write back of depreciation;
viii. Other comprehensive income, in cases where financial statements are prepared based
on Ind AS;
ix. Reserves created from restructuring of debt etc till their settlement of debts;
x. Deferred Tax Liabilities; and
xi. Impact of restructuring or amalgamation of the bidder.
For XYZ & Associates
Chartered Accountant
(FRN: ………)
Name of CA: …………………..

Partner/Proprietor Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………………

Page 102 of 102
Oct 2023
APPENDIX-XI
Letter Head of the Statutory Auditor

(Giving phone number, address and email address)
CERTIFICATE OF TURNOVER BY STATUTORY AUDITOR
1. This certificate is being issued on the request of ………..(Name of the Bidder and
address) for participating in tender in respect of National Highways and Infrastructure
Development Corporation of India Limited in accordance with the applicable auditing
standards and guidance Note issued by the Institute of Chartered Accountant of India.
2. We M/s …………..(Name of the Statutory Auditor) are statutory auditors of
…………..………..(Name of the Bidder) for the year ended 31st March 20XX
(appropriate year may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory Auditors of a company, the form no.
ADT 1.duly filed with the Registrar of Companies is attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of chartered accountants that audited last
financial statements/books of accounts shall be treated as Statutory Auditor while in case of a company,
the statutory auditor shall have same meaning as ‘Auditor’ defined under the Companies Act, 2013.
3. We have obtained all relevant record and information that were necessary for
providing this certificate.
4. We have read and understood the tender documents relating to financial and technical
capacity (e.g. ‘Turnover’ and ‘Net worth), verified the standalone audited financial
statements of …… (Name of the Bidder), books of accounts and other relevant records
and information as at 31st March 20XX produced before us by
…………..………..(Name of the Bidder), and on basis of such verification,
information and explanation given to us, we certify as under:
S.No. Financial year Turnover (₹ In lakh)

1 Year 1 (2021-2022)
2 Year 2 (2020-2021)
3 Year 3 (2019-2020)
4 Year 4 (2018-2019)
5 Year 5 (2017-2018)
In case financial statements of the latest financial year are not audited and therefore, the bidder cannot
make it available, the bidder shall provide an undertaking to this effect and statutory auditor shall
certify the same. In such case, the bidder shall provide the audited financial statements for five years
immediately preceding the year for which the audited annual report is not being produced as per clause
2.2.2.8 of the RFP which shall be considered for evaluation. In case, undertaking duly certified by
Statutory auditor is not submitted under by the bidder, under such circumstances, the annual turnover

Page 103 of 102
Oct 2023
for the year for which audited annual financial statements are not available shall be considered as
‘Nil’ for the purposes of arriving at the average annual turnover.
5. Annual Turnover updated to the price level of the year, based on factors indicated in
table xxx of the tender documents, is given below:
Year Year-1 Year-2 Year-3 Year- Year-

4 5
Updation factor 1.00 1.05 1.10 1.15 1.20
Actual Turnover (₹ In lakh)
Updated Turnover (₹ In lakh)
Average Updated Turnover (to the price level of the year) = …… (₹ In lakh)
6. This is also certified that the Calculation of turnover is based on standalone financial
statements of …………..………..(Name of the Bidder) prepared in conformity with
applicable Accounting Standards and it does not include any component of indirect
tax like GST.
7. This is also certified that the that turnover mentioned in para 5 is in individual capacity
of …………..………..(Name of the Bidder) and its share in the Joint Venture where
the work had been executed jointly with other party/parties and such a joint venture is
not a separate legal entity. Further, the above turnover does not include any turnover
related to joint venture or subsidiary having a separate legal entity.
8. This is also certified that turnover mentioned in para 5 is in respect of execution of
construction/ civil /engineering activities and does not include any trading activity of
…………..……….. (Name of the Bidder).
For XYZ & Associates

Chartered Accountant
(FRN: ………)
Name of CA: …………………..

Partner/Proprietor Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………………

Page 104 of 102
Oct 2023
Appendix-XII
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the General
Financial Rules (GFRs)
The General Manager (T)

NHIDCL,
Sub: BID for ****
Dear Sir,
With reference to your RFP document dated *** **$

, I/we, having examined the Bidding Documents and understood their contents, hereby
undertake and confirm as follows:
I/We have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to contractors from such
countries;
I certify that this Bidder is not from such a country or, if from such a country, has been
registered with the Competent Authority and will not sub-contract any work to a contractor
from such countries unless such contractor is registered with the Competent
Authority.
I hereby certify that this bidder fulfils all requirements in this regard and is eligible to
be considered.
Yours faithfully,
Date:
(Signature of the Authorised signatory)
Place:
(Name and designation of the of the Authorised signatory)
Name and seal of Bidder/Lead Member
Notes:
{Where applicable, evidence of valid registration by the Competent Authority shall be
attached}
In case the above certification is found to be false, this would be a ground for immediate
rejection of Bid/termination and further legal action in accordance with law.

Page 105 of 102

RFPFinal

Uploaded by

Copyright:

Available Formats

RFPFinal

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

RFPFinal

Uploaded by

Copyright:

Available Formats

Ministry of Road Transport & Highways,

REQUEST FOR PROPOSAL

“Construction of Twin Tube Uni-directional Aizawl Bypass Tunnel of

International Competitive Bidding

National Highways & Infrastructure Development Corporation Ltd

C. PREPARATION AND SUBMISSION OF BIDS 29

3 EVALUATION OF TECHNICAL BIDS AND OPENING & 37

Request for Proposal

3.5 Correspondence with Bidder 39

4 FRAUD AND CORRUPT PRACTICES 40

Request for Proposal

Notice Inviting Bid

Bid/Package No: NHIDCL/Mizoram/PATSC/NH-6/AizawlBypassTunnel/2023-24 Dated:

State/UT NH No. Description of the work Estimated Cost Completion

Request for Proposal

Request for Proposal

Request for Proposal

Agreement As defined in Clause 1.1.4

Request for Proposal

Request for Proposal

1.2 Brief description of Bidding Process

Request for Proposal

Request for Proposal

Request for Proposal

1.3 Schedule of Bidding Process

Request for Proposal

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

Request for Proposal

2.1.9 This RFP is not transferable.

(a) Number of members in a Joint Venture shall not exceed 2 (Two);

Request for Proposal

(2) The holding or acquisition of equity control, as above shall include

Request for Proposal

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

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

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

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

Request for Proposal

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

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

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

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

Request for Proposal

Request for Proposal

(b) Certification of completion of Milestone-II from concerned ED(P)/RO is

2.1.18 Upon declaration of non-performer/debarred, the Contractor/Concessionaire will not be

2.2. Eligibility and qualification requirements of Bidder

Request for Proposal

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

Request for Proposal

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

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

(a) “Controlling ownership Interest” means ownership of or entitlement

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

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

Request for Proposal

judicial person: has ownership of entitlement to more than fifteen

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

4. Where no natural person is identified under (1) or (2) or (3) above,

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