Ref No.

DBL-Site/AE/Delhi-Vadodara/2024/ Date:18-12-2024

To,

The Project Director,

National Highway Authority of India,
Project Implementation Unit- Kota, A-504,
Indira Vihar Talwandi, Kota, Rajasthan-324005

Sub.: Construction of Eight Lane access-controlled Expressway starting near Junction with NH-12 near
village Ummedpura to Major bridge over Takii river near Nayagaon Jageer village (Ch. 419.000 -
427.300) section of Delhi - Vadodara Green field Alignment (NH- 148N) under Bharatmala Pariyojana
in the State of Rajasthan on EPC Mode- Request for Resolution on Extension of Time for Scheduled
Completion Date

Ref.:
1. Agreement dt 20.02.2021,
2. Authority letter no 63001/148N/Pkg- 15/DBL-AHC/1/2020/3499, dt 05.07.2021, Appointed Date
3. EPC Contractor’s letter no. DBL-Site/AE/Delhi-Vadodara/2022-23/2101, dt 02.02.2024
4. Authority letter no.:63002/2021-Kota/NH-148N/AE/ICT/8839, dated 13.10.2023
5. Authority letter no.:63002/2021-Kota/NH-148N/AE/402, dated 22.02.2024
6. EPC Contractor's letter no. DBL-Site/AE/Delhi-Vadodara/2023-24/2170, dated 29.02.2024
7. Authority's Engineer letter no. ICT: 861: TPV: 1617, dated 22.03.2024
8. PIU letter no. 63002/2021-Kota/NH-148N/AE/ICT/839, dated 06.05.2024
9. EPC Contractor's letter no. DBL-Site/AE/Delhi-Vadodara/2023-24/2682, dated 21.08.2024
10. EPC Contractor's letter no. DBL-Site/AE/Delhi-Vadodara/2023-24/2700, dated 28.08.2024
11. Authority's Engineer letter no. ICT/861/TL/2024/2077, dated 30.08.2024
12. EPC Contractor's letter no. DBL-Site/AE/Delhi-Vadodara/2023-24/2726, dated 06.09.2024
13. Authority's Engineer letter no. ICT/861/TL/2024/4850, dated 17-09-2024
14. EPC Contractor's letter no. DBL-Site/ PIU/Delhi-Vadodara/2024-25/2858 dated 23.10.2024
15. Authority's Engineer letter no. ICT/861/TL/DBL/2208, dated 07-11-2024
16. EPC Contractor’s letter no. DBL-Site/PIU/Delhi-Vadodara/2024-25/2913, dated 12.11.2024
17. Authority’s Engineer Letter No. ICT/861/TL/DBL/2024/2267. Dated 09.12.24
18. EPC Contractor’s letter no. DBL-Site/PIU/Delhi-Vadodara/2024-25/2983, dated 11.12.2024
19. Authority’s Engineer Letter No. ICT/861/TL/DBL/2024/2286. Dated 18.12.24

Dear Sir,

We refer to the Authority’s Engineer’s Letter No. ICT/861/TL/DBL/2024/2286 dated 18.12.2024 (Ref.
19) regarding our request for an extension of the Scheduled Completion Date due to delays not
attributable to the Contractor.

The Authority’s Engineer, vide its Letter No. 4850 dated 17.09.2024 (Ref. 13), had already
acknowledged and recommended an extension of 138 days for Project Milestone-III based on:

 59 days for rains/floods,

 26 days for delays related to the 132kV EHTS line, and
 53 days for changes in geological conditions in the tunnel Nala section.

In accordance with Clause 6 of Schedule-J of the Contract Agreement, an extension of any milestone
automatically extends the Scheduled Completion Date.

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 “Quote-
Schedule-J ‘Project Completion Schedule’, cl.6. Extension of time
Upon extension of any or all of the aforesaid Project Milestones or the Scheduled Completion Date,
as the case may be, under and in accordance with the provisions of this Agreement, the Project
Completion Schedule shall be deemed to have been amended accordingly.
-Unquote”

Pursuant to the above provision of contract the EPC contractor vide its letter no. 2858 date
23.10.24 under cited ref (14) requested the Authority’s Engineer to extend the scheduled
completion date for the same 138 days. But the Authority’s Engineer vide its letter 2208 dated
07.11.24 cited under ref (15) replied that the ‘Contractor submission is not complete’, without
given any observation on contractor’s submission.

Chronology of the Submissions & Observations:

1. The EPC Contractor on receipt of above referred Authority’s Engineer letter no. 2208 dated 07.11.24
again submitted the delay reasons with supporting documents vide its letter no. 2913 , dated
12.11.24. But the Authority’s Engineer again replied that the ‘Contractor’s submission is not
complete’, without giving any observation on the contractor’s submission.
2. The EPC Contractor on receipt of above referred Authority’s Engineer letter no. 2267 dated 09.12.24
again submitted the same delay reasons with supporting documents and a comparison of AE’s
observation on the same delay submissions in extension of milestone-III vide its letter no. 2913 ,
dated 12.11.24 stating that delays are already reviewed previously and found in order by the
Authority’s Engineer in its letter no. 4850, dated 17-09-24 but for the unknown reasons the
Authority’s Engineer vide its letter no. 2267 dated 09.12.24 again replied that the ‘Contractor’s
submission is not complete’, without reviewing and giving any specific observation on the
contractor’s submission.
3. The Authority’s Engineer has not recognized the EPC contractor’s delay and again denied for
extension of time saying the contractor submission is lacks adequate supporting documents. Hence,
the EPC Contractor now requested the Project Director, NHAI, PIOU, Kota to intervene in this
scenario vide its letter no. 2983 dated 11.12.24 for resolution of the matter and also submitted a
tabulated comparison of AE’s observation on the same delay analysis while reviewing for milestone-
III and scheduled completion respectively. The Authority forwarded the EPC contractor’s request to
the Authority’s Engineer vide 2621 dated 12.12.24. But again the Authority’s Engineer vide its letter
no. 2286 dated 18.12.24 again replied that the ‘Contractor’s submission is not complete’, without
reviewing and giving any specific observation on the contractor’s submission.
4. As per contract agreement volume -I, Article-10.5(iv)
“Quote-
10.5 Extension of time for completion
(iv) The Authority's Engineer shall, on receipt of the claim in accordance with the provisions of Clause
10.5 (ii), examine the claim expeditiously within the time frame specified herein. In the event the
Authority's Engineer requires any clarifications to examine the claim, the Authority’s Engineer shall
seek the same within 15 (fifteen) days from the date of receiving the claim. The Contractor shall, on
receipt of the communication of the Authority's Engineer requesting for clarification, furnish the same
to the Authority's Engineer within 10 (ten) days thereof. The Authority’s Engineer shall, within a period
of 30 (thirty) days from the date of receipt of such clarifications, forward in writing to the Contractor
its determination of Time Extension.
Provided that when determining each extension of time under this Clause 10.5, the Authority's
Engineer shall review previous determinations and may increase, but shall not decrease, the total
Time Extension.
-Unquote”

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5. However, the Authority’s Engineer has not complied with these provisions despite our repeated
submissions (Refs. 15, 17, 19) and the Authority’s Engineer’s acknowledgment of these delays in
earlier recommendation, we have consistently received vague replies stating, "Contractor’s
submission is not complete," Instead of seeking clarifications or reviewing prior determinations

“Imagine if this type of comments repeatedly given on contractor’s design & drawing submissions,
the compliance and or approval never be completed in this project.”

6. Request for Intervention

To prevent further delays to the project, we respectfully request:

1. A triparty meeting involving the Authority, the Authority’s Engineer, and the Contractor to
resolve this matter.
2. A directive to the Authority’s Engineer to adhere to the Contract Agreement by providing specific
observations or seeking clarifications on our submissions instead of issuing vague rejections.

Repeated rejections without feedback undermine the progress of the project and could set a precedent
for prolonged delays. We rely on the Authority’s intervention to uphold the integrity of the agreement
and ensure timely resolution of this matter.

Thanking you and assuring you of our best service.

Yours faithfully,

For and on behalf of Dilip Buildcon Limited - Altis Holding Corporation (JV)

(Authorized Signatory)

Copy to:

1. Regional Officer, NHAI, PIU Kota, A-504, Indra Vihar Talwandi - Kota Rajasthan.
2. The Authority Engineer, Intercontinental Consultants and Technocrats Pvt. Ltd., A-8, Green Park,
New Delhi- 110066
3. The Team Leader, CT in JV with. M/s Hexa Co. and in association with M/s Nokang Infra Pvt.
Ltd.C/O Ramchandra Guijar S/o Kanhaiya Lal Gurjar, Main Road, Darrah Station, Mom Kalan, Kota,
Rajasthan - 324005
4. Project Coordinator, DBL, HQ Bhopal

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