GOVERNMENT OF INDIA

MINISTRY OF ROAD TRANSPORT & HIGHWAYS

NATIONAL HIGHWAYS AUTHORITY OF INDIA

Supervision Consultancy Services for construction supervision of the

Rehabilitation and Reconstruction work and other incidental works of Deoli-
Kota section (Design Km.167.624 to Km. 250.144) Section of NH- 12 (New
NH- 52) in the state of Rajasthan
REQUEST FOR PROPOSAL
(RFP)

Plot No. G-5 & 6, Sector – 10, Dwarka

New Delhi – 110 075.

September 2020

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Sl. No. Particulars Page No.
1 SECTION 1 : Letter of Invitation 3-5
2 SECTION 2: Instructions to Bidders 6-20
3 SECTION 3 : Format for Submission of 21-22
Firms Credentials.

4 SECTION 4 : Technical Proposal Standard 23-51

Forms

5 SECTION 5 : Financial Proposal Standard 52-59

Forms

6 SECTION 6 : Background Information and 60-81

Terms of Reference

7 SECTION 7 : Draft Form of Contract. 82-125

8 SECTION 8: Procedure Under E-Tendering 126-128

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 SECTION 1: LETTER OF INVITATION

Sub: Supervision Consultancy Services for construction supervision of the Rehabilitation and
Reconstruction work and other incidental works of Deoli-Kota section (Design Km.167.624 to
Km. 250.144) Section of NH- 12 (New NH- 52) in the state of Rajasthan

1 National Highways Authority of India (hereinafter called the “NHAI”) invites proposals for
appointment of Construction Supervision Consultant on the basis of National Competitive
Bidding for the following project:

S.No. Consultancy State/N Project Description Project Length Assignment

Package H Period
1 NHAI/Raj/11 Supervision 82.520 km -4L 18 monthS
012/Deoli- Rajasthan, Consultancy Services (during
Kota/rehabilit NH- 12 for construction [Pckg-1 (Flexible construction) +
ation/ SC (New supervision of the pavement)- 36 Months
NH- 52), Rehabilitation and 38.10 km, (during Defect
Liability Period)
Reconstruction work Pckg-2 (rigid
and other incidental pavement)-
works of Deoli-Kota 44.42 km)
section (Design
Km.167.624 to Km.
250.144) Section of NH-
12 (New NH- 52) In the
state of Rajasthan
[Note: The civil work project is to be implemented on Item Rate (Percentage) Mode]

2 The consultancy services includes, interalia, supervision of civil works under the Supervision
Consultancy Package as defined in attached Terms of Reference, administering as ‘Engineer/
Authority Engineer’ ensuring that the contractual clauses related to the quality and quantity are
respected and that the works are implemented in accordance with its provisions/specifications
within the stipulated time for which engineering decisions are taken timely. The consultancy
assignment extends to implementation of all items of works pertaining to the projects complete in
all respects up to the 36 months defect liability period. More details on the services are provided
in the attached Terms of Reference.

3 The interested consultancy firms may view/download/upload the RFP document from the e-
procurement portal of NHAI i.e. https://etender.gov.in from 28.09.2020 to 11.11.2020 (upto
1100 hrs IST). The Consultant who download the RFP document from the e-portal will be
required to pay the non-refundable fee of Rs. 5,000/- at the time of the submission of the Bid
proposal online RTGS details of NHAI account for deposition is as below:-
Beneficiary: National Highways Authority of India Bank :
Canara Bank
A/c No.- 8598201005819
IFSC Code : CNRB0008598

The RFP will be invited through e-tendering portal i.e https://etender.gov.in . Refer Procedure under e-
tendering for submission of RFP through e-tendering.

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4. The RFP shall be received through “INFRACON” (www.infracon.nic.in) and will be evaluated
based on details furnished on “INFRACON”. As such before submitting the proposal, the
Consultant (the firm and all key personnel) shall mandatorily register and enlist themselves, on
the MoRTH portal “INFRACON” and upload all relevant information to enable correct evaluation
of RFP.

All the bidders registered on “INFRACON” shall form a Team on “INFRACON” which would be
assigned unique INFRACON Team ID. Bidders while submitting the RFP proposal shall furnish
registration details including INFRACON Team ID. A copy of INFRACON Operation Procedure is
enclosed for bidder’s reference.

5 A firm may apply individually or in Joint Venture/Association. In case of Joint

Venture/Association, a maximum of 2(two) firms are permitted. Formulation of more than
one JV/association with different partners for the same work is not allowed and all such
proposal involving the firms shall be treated as non-responsive.

6 Deleted

7 The proposal should be submitted by consultancy firms online as Technical Proposal online
with all pages numbered serially, along with an index of submission. For a given Project, Stage -
1 of the evaluation shall consider the evaluation of the Technical Proposal (i.e. Part-1). The
firms scoring the qualifying marks (minimum 75%) as mentioned in RFP shall be listed in the
descending order of their technical score and 5 top ranking firms shall only be considered for
further evaluation provided none of them is in conflict of interest with the
Concessionaire/Contractor. The firms in conflict of interest shall be substituted by next ranking
firm not having conflict of interest with the Concessionaire

Under stage-2, the Financial Proposal of such five firms as selected above shall be opened
and evaluated. The weightage of Technical and Financial score shall be 80% & 20%
respectively. The final selection of the firm shall be based on the highest combined score of
Technical and Financial Proposal. Bidders should submit originals of all document listed below
after declaration of bid result by the authority:
.
1. Original Power of Attorney for signing the bid if any.
2. Original Power of Attorney for lead member of JV if any.
3. Original of Integrity Pact.
4. Originals of Experience certificates apostle at foreign origin if any.

8 Further, NHAI shall not be responsible for any delay in receiving the Proposal and reserves the
right to accept/reject any or all applications without assigning any reason thereof.

9 The total time period for the assignment as Supervision Consultant will be for 54 (fifty four)
months [18 months for construction and 36 months for Defect Liability Period with
reduced man-months]. On expiry or termination of aforesaid period, the Authority may in its
discretion to renew the appointment.

10 RFP submission must be received online not later than 1100 Hrs (IST) on 11.11.2020 In the
manner specified in the RFP document at the address given below:

Sanjeev Sharma

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General Manager (Tech)
National Highways Authority of India
G-5& 6, Sector-10, Dwarka,
New Delhi- 110 075.
Tel:- 011-25074100/4200 Ext 1103

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 SECTION 2 : INSTRUCTIONS TO BIDDERS (ITB)

1 INTRODUCTION
Definitions
(a) “Client” means National Highways Authority of India.
(b) “Consultant” means any entity or person that may provide or provides the Services to
the Client under the Contract.
(c) “Contract” means the Contract signed by the Parties and all the attached documents
listed in its Clause 1, i.e the General Conditions (GC), the Special Conditions (SC)
and the Appendices.
(d) “Data Sheet” means such part of the Instructions to Consultants used to reflect
specific assignment conditions.
(e) “Day” means calendar day.
(f) “Government” means the Government of India.
(g) “Instructions to Consultants” (Section 2 of the RFP) means the document which
provides the interested Consultants with all information needed to prepare their
Proposals.
(h) “Personnel” means professionals and support staff provided by the Consultant or by
any Sub-Consultant and assigned to perform the Services or any part thereof;
“Foreign Personnel” means such professionals and support staff who at the time of
being so provided had their domicile outside the Government’s country; “Local
Personnel” means such professionals and support staff who at the time of being so
provided had their domicile inside the Government’s country.
(j) “Proposal” means the Technical Proposal and the Financial Proposal.
(k) “RFP” means the Request For Proposal prepared by the Client for the selection of
Consultants,.
(l) “Services” means the work to be performed by the Consultant pursuant to the
Contract.
(m) “Sub-Consultant” means any person or entity with whom the Consultant subcontracts
any part of the Services.
(n) “Terms of Reference” (TOR) means the document included in the RFP as Section 6
which explains the objectives, scope of work, activities, tasks to be performed,
respective responsibilities of the Client and the Consultant, and expected results and
deliverables of the assignment.
1.1 The Client named in the “Data Sheet” will select a firm from those firms who submitted
proposals, in accordance with the method of selection indicated in the Data Sheet.
1.2 The interested firms are hereby invited to submit proposal for consulting services required
for the assignment in the attached Letter of Invitation (LOI). The Proposal could form the
basis for future contract negotiations and ultimately a contract with the selected firm and
NHAI.

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1.3 The Consultants should familiarize themselves with local conditions and take them into
account in preparing their Proposals. To obtain first hand information on the Assignment
and on the local conditions, consultants are encouraged to pay a visit to the project site
before submitting the Proposal, and to attend a pre-proposal conference if one is specified
in the Data Sheet. The Consultants must keep themselves informed about the local
conditions and take them into account in preparing their proposals.

1.4 The Client will provide the inputs specified in the Datasheet and make available relevant
project and data reports at no cost to Consultant.

1.5 Consultants shall bear all costs associated with the preparation and submission of their
proposals and contract negotiation. The Client is not bound to accept any proposal, and
reserves the right to annul the selection process at any time prior to Contract award,
without thereby incurring any liability to the Consultants.

1.6 The Client requires that Consultants provide professional, objective and impartial advice
and at all times hold the Client’s interest paramount, without any consideration for future
work, and strictly avoid conflicts with other assignments or their own corporate interests.

1.6.1 A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates shall not
be hired for any assignment that, by its nature, may be in conflict with another assignment
of the Consultant to be executed for the same or for another Client. For example, a
Consultant hired to prepare engineering design for an infrastructure project shall not be
engaged to prepare an independent environmental assessment for the same project.

1.6.2 A Consultant (including its Personnel and Sub-Consultants) that has a business or family
relationship with a member of the Client’s staff who is directly or indirectly involved in any
part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection
process for such assignment, or (iii) supervision of the Contract, may not be awarded a
Contract, unless the conflict stemming from this relationship has been resolved in a manner
acceptable to the Client throughout the selection process and the execution of the Contract.

1.6.3 Consultants have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of their Client, or that may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of its Contract.
1.7 It is the NHAI’s policy that the Consultants under domestic funded contracts observes the
highest standard of ethics during the selection and execution of such contracts. In
pursuance of this policy, the NHAI:
(a) defines, for the purpose of this paragraph, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of a public official in the
selection process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a selection process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement between two or more
consultants with or without the knowledge of the Client, designed to establish
prices at artificial, noncompetitive levels;

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 (iv) “coercive practices” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in a procurement process,
or affect the execution of a contract.
(b) will reject a proposal for award if it determines that the Consultant recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent,
collusive or coercive practices in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded a domestic financed contract if it at any time determines that the firm has
engaged in corrupt or fraudulent practices in competing for, or in executing, a
domestic financed contract; and

(d) will have the right to require that, in domestic financed contract, a provision be
included requiring Consultants to permit the NHAI to inspect their accounts and
records relating to the performance of the contract and to have them audited by
authorized representatives of NHAI.
1.8 Consultants, their Sub-Consultants, and their associates shall not be under a declaration of
ineligibility for corrupt and fraudulent practices. Furthermore, the Consultants shall be
aware of the provisions on fraud and corruption stated in the specific clauses in the General
Conditions of Contract.
1.9 Consultants shall furnish information on commissions and gratuities, if any, paid or to be
paid to agents relating to this proposal and during execution of the assignment if the
Consultant is awarded the Contract, as requested in the Financial Proposal.
1.10 The Data Sheet indicates how long Consultants’ Proposals must remain valid after the
submission date. During this period, Consultants shall maintain the availability of
Professional staff nominated in the Proposal. The Client will make its best effort to
complete negotiations within this period. Should the need arise, however, the Client may
request Consultants to extend the validity period of their proposals. Consultants who agree
to such extension shall confirm that they maintain the availability of the Professional staff
nominated in the Proposal, or in their confirmation of extension of validity of the Proposal,
Consultants could submit new staff in replacement, who would be considered in the final
evaluation for contract award. Consultants who do not agree have the right to refuse to
extend the validity of their Proposals.
2 CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 Consultants may request a clarification of any of the RFP documents up to the number of
days indicated in the Data Sheet before the Proposal submission date. Any request for
clarification must be sent in writing by paper mail, facsimile, or electronic mail to the Client’s
address indicated in the Data Sheet. The Client will respond by mail, facsimile, or electronic
mail to such requests and will send copies of the response (including an explanation of the
query but without identifying the source of inquiry) to all the Consultants who would obtain
RFP document as per the prescribed procedure. The response of the Client will also be
put on its website.
2.2 At any time before the submission of Proposals, the Client may for any reason, whether at its
own initiative or in response to a clarification requested by an invited firm, modify the RFP
documents by amendment. Any amendment shall be issued in writing through addenda.
Addenda shall be sent by mail, facsimile or electronic mail to all the Consultants who would
obtain RFP document as per the prescribed procedure and will be binding on them. The

8
 Addenda will be put on NHAI’s website. The Client may at its discretion extend the deadline
for the submission of Proposals.
3 PREPARATION OF PROPOSAL
3.1 A firm shall submit only one proposal for the project. If a firm submits or participates in more
than one proposal such a firm will be disqualified. 3.2The proposal should include a cover
letter signed by person (s) with full authorization to make legally binding contractual
(including financial) commitments on behalf of the firm. The letter should specify all
association arrangement and certify that each associated firm perform its designated tasks
under the assignment if the lead firm is awarded the contract.
3.3 The RFP shall be received through “INFRACON” (www.infracon.nic.in) and will be evaluated
based on details furnished on “INFRACON”. As such before submitting the proposal, the
Consultant (the firm and all key personnel) shall mandatorily register and enlist themselves,
on the MoRTH portal “INFRACON” and upload all relevant information to enable correct
evaluation of RFP. All the bidders registered on “INFRACON” shall form a Team on
“INFRACON” which would be assigned unique INFRACON Team ID. Bidders while
submitting the RFP proposal shall furnish registration details including INFRACON Team ID.
A copy of INFRACON Operation Procedure is enclosed for bidder’s reference.

It is requested to submit your Technical proposal only strictly using the

formats enclosed herewith (refer section 3 and 4). The Financial proposal should be
uploaded online as per the procedure under e-tendering. The proposal shall be written in
the English language as specified in the Data Sheet. All pages of the Proposal shall be
signed by an authorized representative. The representative’s authorization shall be
confirmed by written Power of Attorney duly notarized to be submitted with the proposal. In
case of JV an MOU indicating the specific Projects, input and role of each Partner etc. shall
be submitted with the proposal.
3.4 This submission shall contain the following information / details
(i) Year of Establishment of Firm
(ii) Average annual turnover (last five years)
(iii) Number of key personnel available
(iv) Experience of the firm in DPR preparation for Highways Projects during the last 7 years.
(v) Experience of the firm in DPR preparation / design review / supervision of major highway
structures of length more than 200 m during the last 7 years
(vi) Experience of the Firm as Independent Consultant or Supervision Consultant/ Authority
Engineer for Highway Projects during the last 7 years

Part 1 : Technical Proposal

3.5 In preparing the Technical Proposal, Consultants are expected to examine all terms and
conditions included in the document. Failure to provide all requested information will be at
own risk of the Consultant and may result in rejection of the proposal submitted by the
Consultant.
3.6 While preparing the Technical Proposal, Consultants must give particular attention to the
following:

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 (i) The estimated man months for the assignment is stated in the Terms of Reference.
The proposal shall be based on the stated man months of professional staff. The
consultants shall not be permitted to propose alternative arrangements.
(ii) The majority of the key professional staff proposed must be permanent staff of the
firm. “Permanent Staff means the candidate had been employed with the Firm for a
minimum period of 1 (One) year. More weightage shall be given to the personnel
employed with more years with the firm.
(iii) No alternative to key professional staff shall be proposed and only one Curriculum
Vitae (CV) shall be submitted for each position.
(iv) A good working knowledge of the language specified in the Data Sheet is essential
for key professional staff on this agreement. Reports must be in the language (s)
specified in the Data Sheet.
(v) Joint ventures are allowed as detailed in the Data Sheet.
3.7 The Technical Proposal should provide the following information using but not limited to the
formats attached in Section 4:
i) A brief description of the Consultants’ organization and an outline of recent
experience of the Consultants and, in the case of joint venture, for each partner, on
assignments of a similar nature is required. For each assignment, the outline should
indicate the names of Sub-Consultants/ Professional staff who participated, duration
of the assignment, contract amount, and Consultant’s involvement. Information
should be provided only for those assignments for which the Consultant was legally
contracted by the Client as a corporation or as one of the major firms within a joint
venture. Assignments completed by individual Professional staff working privately or
through other consulting firms cannot be claimed as the experience of the Consultant,
or that of the Consultant’s associates, but can be claimed by the Professional staff
themselves in their CVs. Consultants must substantiate his experience by submitting
the requisite experience certificate from the Client. On-going projects with more than
90% progress may be accepted for work experience. The Consultants must submit
certificate from Client in this regard.
ii) Any comments or suggestions on the Terms of Reference and a description of the
methodology (work plan) which the firm proposes to execute the services, illustrated
with bar chart of activities.
iii) The composition of the proposed staff team, the tasks which shall be assigned to
each and their timing :
iv) CVs originally signed in blue ink on each page by both the proposed professional
staff and the authorized representative submitting the proposal. Key information
should include number of years of working for the firm, and degree of responsibility
held in various assignments. Photocopy or unsigned CV shall not be evaluated.
v) Estimates of the total staff effort (professional and support staff, staff time) to be
provided to carry out the Assignment, supported by bar chart diagrams showing the
time proposed for each professional staff team member.
vi) A detailed description of the proposed methodology, staffing and monitoring of
training, if the Data Sheet specifies training as a major component of the assignment

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vii) Any additional information requested in the Data Sheet
viii) Any deviation in the information regarding firm and CVs submitted in bid with
respect to that uploaded on INFRACON will not be taken on record.
ix) Requirement for submission of CVs.
a. CVs strictly in the prescribed format and recently signed on each page by
both the proposed professional staff and the Managing Director/Head or the
authorized representative of the firm.
b. Key information should include years with the firm and degree of responsibility
held in various assignments. In CV format, at summary, the individual shall
declare his qualification & total experience (in years) against the requirements
specified in TOR for the position (Ref. Annexure- I, II & III of TOR). If any
information is found incorrect, at any stage, action including termination and
debarment from future projects upto 2 years may be taken by Employer on the
personnel and the Firm.
c. Deleted.

d. CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand as on 7 days before due date of proposal including those for
which LOA has been received from the Client or for which Consultant has been
declared as H1 are such that the key personnel is able to proportionately devote the
given man- months for this project.
e. All the CVs which are to be evaluated should be complete in all respects
including signing and certification by the individual and the firm. .
f. If a CV score less than 70% marks, whatever marks it score will be carried
forward for maximum 3 nos key personnel for determining the total score of
the firm. However, if the Key Personnel does not fulfill the minimum academic
qualification (as mentioned at Annexure- I, II & III of TOR of RFP), the overall
score of his CV will be evaluated as zero. If the Key Personnel does not fulfill
the minimum qualification related to experience (as mentioned at Annexure- I,
II & III of TOR of RFP), then zero marks will only be assigned for that sub
criteria, but the marks obtained by the CV of the Key Personnel will be carried
forward for maximum 3 nos key personnel for determining the total score of
the firm. In case, a firm is H-1, then all such Key Personnel (whose CV scores
less than 70% or who does not fulfill the minimum qualification) will have to be
replaced by the firm before signing the contract. The reduction in remuneration
of such replacements shall be 10% for each replacement. In case more than
3 CV scores less than 70% marks or Team leader cum Highway Engineer
scores less than 70% marks, the proposal shall be considered non-
responsive.
g. In case CV of a person is turned out to be fake/incorrect/inflated during the
assignment, the consultancy firms shall have to refund the salary and perks
drawn including interest @12% per annum in respect of the person apart from
other consequences. In addition to above, 10% of the salary and perks to be
refunded shall be recovered from the Firm as penalty.
h. It is also clarified that any key personnel, if debarred during the period between

11
 receipt of bid and award of the contract and is required to be replaced as per
the provisions of the RFP, then the replacement shall not be considered as part
of replacement by the consultant and hence no deduction in remuneration shall
be affected. However, in this case the original CV will be considered for
evaluation purpose

3.8 The Technical Proposal shall not include any financial information. A Technical Proposal
containing financial information may be declared non responsive.
Part-2: Financial Proposal
3.9 In preparing the Financial Proposal, consultants are expected to take into account the
requirements and conditions of the RFP documents. The Financial Proposal should follow
Standard Forms (Section 5). It lists all costs associated with the Assignment, including (a)
remuneration for staff (foreign and local, in the field and at headquarters), and (b)
rentals/fixed rates/reimbursable such as subsistence (per diem, housing), transportation
(international and local, for mobilization and demobilization), services and equipment
(vehicles, office equipment, furniture, and supplies), office rent, insurance, printing of
documents, surveys, and training, if it is a major component of the assignment. If
appropriate, these costs should be broken down by activity and if appropriate into foreign
and local expenditures.
3.10 The Financial Proposal should clearly identify as a separate amount, the local taxes
(including social security), duties, fees, levies and other charges imposed under the
applicable law, on the consultants, the sub-consultants, and their personnel (other than
nationals or permanent residents of the Government’s country); unless the Data Sheet
specifies otherwise.
3.11 Consultants may express the price of their services in the Local currency (Indian Rupees).
4 SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS
4.1 Detailed RFP may be downloaded from E-tendering portal of Employer and the Application may
be submitted online following the instructions appearing on the screen.

4.2 The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be uploaded on the E-Tendering portal of Employer)
(a) Technical proposal as indicated in para-B below
(b) Financial proposal as per format prescribed in Section-5 of RFP.

B. Following documents in Electronic (online) form to be uploaded on the E-Tender

portal of Employer

(I) Technical Proposal including :

(a) Power of Attorney for signing the Application.
(b) If applicable, the Power of Attorney for Lead Member of JV.
(c) Copy of Memorandum of Understanding between JV partners, if
applicable.
(d) Copy of Memorandum of Understanding with Associate, if applicable.
(e) Firm’s credentials as per format prescribed in Section-3 of RFP.
(f) Technical proposal as per format prescribed in Section-4 of RFP.
(g) Registration No. on Infracon and Infracon ID.

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 (II) Proof towards cost of RFP of Rs. 5,000/- (Rupees Five Thousand only) deposition
in account of National Highways Authority of India., and

S.No. Particulars Details

1 Name of Beneficiary National Highways Authority of India
2 Beneficiary Bank Account No. 8598201005819
3 Beneficiary Bank Canara Bank
4 IFSC Code CNRB0008598

(III) Deleted

(IV) Bidders have to comply with the OM No. 13030/09/2008-vig dated 28th January,
2013 (copy enclosed) regarding Integrity pact.

(V) Technical & Financial evaluation of bid and declaration of result shall be done
based on the documents received online after confirmation of payment for cost
of tender in Authority’s Account.
(VI) Bidders shall submit Originals of all documents listed at Para (I) to (IV) above
after declaration of bid evaluation result by the Authority.

Sanjeev Sharma
General Manager (Tech)
National Highways Authority of India
G-5& 6, Sector-10, Dwarka,
New Delhi- 110 075.
Tel:- 011-25074100/4200 Ext 1532
Email : sanjeevsharma@nhai.org

(vi) The Applicant shall upload scanned copies of the Technical Proposal and Financial
Proposal as specified in point nos. 4.2 A above on the https://etender.gov.in before
11:00 Hours Indian Standard Time on 11.11.2020. Financial Proposal is to be submitted
online only and no hard copy submission is to be made.

4.3 Modification / Substitution/ Withdrawal of bids:

(i) The Bidder may modify, substitute or withdraw its e- bid after submission. Prior to the Bid
Due Date. No Bid shall be modified, substituted or withdrawn by the Bidder on or after
the Bid Due Date.

(ii) Any alteration/ modification in the Bid or additional information supplied subsequent to
the Bid Due Date, unless the same has been expressly sought for by the Authority, shall
be disregarded.

(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal and
upload / resubmit digitally signed modified bid.

(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal and can
withdraw its e-bid.

(v) 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.

13
4.4 An authorized representative of the firm shall initials all pages of the Proposal. The
representative’s authorization in original/notarized is confirmed by a written Power of Attorney
accompanying the Proposal.

4.5 The complete proposal must be delivered at the Submission address mentioned in the Data
Sheet after declaration of bid evaluation result by the authority.
`
4.6 OPENING AND EVALUATION OF APPLICATIONS:

(i) Opening of Proposals will be done through online for Financial Proposal and both on-line and
manually for Technical Proposal.

(ii) For participating in the tender, the authorized signatory holding Power of Attorney shall be the
Digital Signatory. In case the authorized signatory holding Power of Attorney and Digital
Signatory are not the same, the bid shall be considered non-responsive.

The Authority shall open Technical Proposal received as mentioned in point nos. 4.2 B (I) at
11:30 Hours Indian Standard Time on 12.11.2020 in the presence of the Applicants who choose
to attend. This Authority will subsequently open the Technical Proposal as mentioned in point no.
4.2 A (a) above and evaluate the Applications in accordance with the provisions set out in the
RFP.

(iii) The Financial Proposal 4.2 A (b) will be opened online of the short listed applicants who qualify
for financial opening as per RFP. The date of opening of Financial Proposal will be notified later
on.

5 PROPOSAL EVALUATION
General
5.1 A two stage procedure shall be adopted in evaluating the proposals:
(i) Technical Evaluation, firms securing the qualifying marks mentioned in Clause 5.4 will be
eligible for Financial evaluation and
(ii) Financial Evaluation.
Technical Proposal
5.2 The Evaluation Committee appointed by NHAI shall carry out its evaluation on the basis of
their responsiveness to the Terms of Reference, applying the evaluation criteria, and point
system specified in the Data Sheet. Each responsive proposal will be given a technical score
(St.) A proposal shall be rejected at this stage if it does not respond to important aspects of
the Terms of Reference or if it fails to achieve the minimum technical score .The Technical
Proposal should score at least 75 % marks to be considered responsive for financial
evaluation.
5.3 The detailed evaluation criteria to be used for evaluation of Technical Bids shall be as per
Appendix-I. The Bidders are requested to carry out self-evaluation based on criteria
mentioned in the Bid Document. While submitting the self-evaluation, Consultant shall make
references to the documents which have been relied upon in self-evaluation.

14
 Results of technical evaluation shall be made available to the public on the e-tendering
portal. The Bidder will have to respond within 7 days in case they have any objection.

5.3.1. Any deviation in the information regarding firm and CVs submitted with respect to that
uploaded on INFRACON will not be taken on record.

Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of firms is finalised, the
Employer may notify those consultants whose proposals were not considered as per conditions of RFP.
The Employer shall simultaneously notify the shortlisted firms indicating the date and time set for opening
of the Financial Proposals.

5.5 The Financial e-Proposals shall be opened publicly in the presence of the consultant’s
representatives who choose to attend. The name of the consultant, the technical scores, and the
proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The
Client shall prepare minutes of the public opening.

5.6 The Evaluation Committee will determine whether the submitted Financial Proposals are
complete (i.e. whether they have included cost of all items of the corresponding proposals; if not,
then the cost towards such missing items will be considered as NIL, but the Consultant shall,
however, be required to carry out such obligations without any additional compensation. In case
under such circumstances, if Client feels that the work cannot be carried out within the overall
cost as per the submitted financial proposal, such proposals shall be considered non responsive.

5.7 The Evaluation Committee shall determine if the financial proposal is complete and without
computational errors. The order of priority as among these firms on the basis of financial bids will
also be determined and the lowest financial bid shall rank first for award of Contract.

5.8 The lowest Financial Proposal net of taxes (Fm) will be given a financial Score (Sf) of 100 points.
The financial scores (Sf) of the other Financial Proposals will be computed as follows:

6 Sf = 100 x Fm / F
where „Sf‟ is the financial score, „Fm‟ is the lowest price and „F‟-the price of the proposal under
consideration

5.9 Proposals will be ranked according to their combined technical (St) and financial (Sf) scores
using the weights, (T= the weight given to the Technical Proposal; P = the weight given to the
Financial Proposal; T + P = 1) indicated in the Data Sheet;

7 S = St x T% + Sf x P%.

The firm achieving the highest combined technical financial score should be ranked first.

6 NEGOTIATIONS
6.1 Deleted.
6.2 Deleted.
6.3 Deleted.

15
6.4 Deleted.
6.5 Deleted.
7 AWARD OF CONTRACT
7.1 After completion of the evaluation process, the Client shall award the Contract to the selected Consultant.
7.2 The successful firm with whom the contract is signed is expected to commence the assignment on
the date and at the location specified in the data sheet.

16
 DATA SHEET
Clause
Reference
(ITC)

1.1 The name of the Client is: National Highways Authority of India
The method of selection is: Quality and Cost-Based Selection (QCBS)
1.2 The name, objectives and description of the Assignment are:
Name of the Assignment:
Supervision Consultancy Services for construction supervision of the Rehabilitation
and Reconstruction work and other incidental works of Deoli-Kota section (Design
Km.167.624 to Km. 250.144) Section of NH- 12 (New NH- 52) in the state
of Rajasthan

Detailed description of the services:

The detailed description of services is mentioned in the Terms of Reference.

Main objectives:

The main objective of the assignment is to achieve high quality construction ensuring works to be
carried out in full compliance of design, specifications and other stipulations of the civil contract
documents within the specified time demonstrating the efficiency of supervision by external
agency and promoting technology transfer as detailed in the Terms of Reference.
1.3 A pre-proposal conference shall be held : NHAI HQ on 21.10.2020 at 11:00 Hrs.
1.4 The Client will provide the following inputs:

(i) Project Report including design and drawing and relevant data collected by design
consultants (Para 17 of TOR).
1.8 The clauses on fraud and corruption in the contract are:
Sub-Clause 2.9.1 and 3.6 of G.C.C.
1.10 Proposals must remain valid up to 120 days after the proposal submission date.
2.1 Clarification may be requested 15 days prior to proposal submission date.
The address for requesting clarification is:
Sanjeev Sharma
General Manager (Tech)
National Highways Authority of India
G-5& 6, Sector-10, Dwarka,
New Delhi- 110 075.
Tel:- 011-25074100/4200 Ext - 1103

17
3.1 Proposals should be submitted in the following language(s) : English

3.6 i) All the personnel shall have working knowledge of English and all the reports etc shall
be written in English
ii) Limitations to joint ventures or sub-consultant are: Joint venture consisting of maximum
of two firms are permitted. In case of JV the experience of both the firms shall be
counted. In case of association/sub –consultant, the experience of associated firm/sub-
consultant shall not be counted, whereas the key personnel of the associated firm would
be considered for evaluation.
Formulation of more than one JV/association with different partners for the same work is
not allowed and all such proposal involving the firms shall be treated as non-responsive.
3.10 NHAI shall reimburse only goods and service tax. Consultant has to assess all other Taxes and
should inbuilt them in their financial proposal. These taxes (other than goods and service tax)
should not be provided separately. Consultants are requested to consult tax consultants for
details
3.11 The Consultants to state local costs in Indian Rupees (INR).
4.5 The proposal submission address is:
SANJEEV Sharma
General Manager (Tech)
National Highways Authority of India
G-5& 6, Sector-10, Dwarka,
New Delhi- 110 075.
Tel:- 011-25074100/4200 Ext 1103

The time and date of online submission: 11.11.2020 ( Upto 1100hrs )

5.2 A) Eligibility Criteria for sole applicant firm or lead partner in JV
A(i) Eligibility Criteria for sole applicant firm or lead partner in JV
The sole applicant firm or lead partner in case of JV shall have to satisfy the
following three conditions
a) Experience of the firm in the preparation of DPR (NH/SH in India or
Equivalent abroad): The firm should have minimum experience of
preparation of Detailed Project Report of at least 01 project of four / Six laning having
length 82.520 km length in the last 7 years
b) Experience of the firm in Construction Supervision / Authority’s Engineer/
Independent Consultancy (NH/SH in India or Equivalent abroad): The firm
should have minimum experience of Construction Supervision / Authority’s
Engineer/ Independent Consultancy of at least 01 project of four / Six laning
having length 82.520 km or more in the last 7 years
c) Annual Turnover :- Annual turnover (average of last 5 years or in each of the
preceding four years) of the firm should be equal to or more than Rs 7.06 crore

A(ii) Eligibility Criteria for partner in JV

18
 In case of JV, the lead partner must fulfill the requirements as in para A(i) and
other JV partner should have
a) Experience of the firm in the preparation of DPR: The firm should have
minimum experience of preparation of Detailed Project Report of at least 01
project of four / Six laning having length 82.520 km or more in the last 7 years
b) Experience of the firm in Construction Supervision/Authority’s Engineer /
Independent Consultancy : The firm should have minimum experience of
Construction Supervision / Independent Consultancy of atleast 01 project of four
/ Six laning having length 82.520 km or more in the last 7 years

Note: i) The amount shall be stated in INR.

ii) The currency conversion rate for the respective years shall be mentioned for other
international currencies.
iii) The application with amount stated in currencies other than INR shall be
treated as non responsive.

B) Evaluation criteria and point system for evaluation of Technical Proposals

(i) The number of points assigned to each of the evaluation criteria are

S. No. Description Points

1 Specific Experience of the firm related to the assignment 20

2 Adequacy of the proposed work plan and methodology in 05

response to the ToR

3 Qualifications and competence of the key staff for the 75

assignment

(ii) Sub criteria for Specific Experience of the firm related to the assignment
(Subject to minimum experience specified above)
S. No. Description Points
Experience as Construction Supervision Consultant/Authority’s Engineer
in Highway Projects 4/6 lane* of length equal to 82.52 km or more in last
1 7 years 12

Experience as Independent Consultant in Highway Projects 4/6 lane* of

2 length equal to 82.52 km or more on PPP mode in last 7 years 4

Experience in DPR preparation in Highway Projects 4/6 lane* of length

2 equal to 82.52 km or more in last 7 years 4

Total: 20

19
 (iii) Sub criteria for adequacy of the proposed work plan and methodology in
response to the ToR:
S. No. Description Points
1 Comments/Suggestion on TOR 1
2 Quality of Approach and Methodology 3
(i) Methodology= 1 mark
(ii) Contract management Approach=1 mark
(iii) Quality Control and Quality Assurance=1 mark

3 Work Programme and manning Schedule 1

Total 5

iv) Sub criteria for Qualifications and competence of the key staff for the Assignment.
The weightage for various key personnel are as under:-
Sr No. Key Personnel Points
1 Team Leader cum Senior Highway Engineer 25
2 Resident Cum Highway Engineer (2 nos.) 15
3 Bridge /Structural Engineer 12
4 Senior Quality Cum Material Expert 12
5 Senior Contract Specialist 11
Total 75

The minimum technical score required to qualify is: 75 %

5.8 The formula for determining the financial scores is:
Sf = 100 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F is the price of
the proposal under consideration
5.9 The weights given to the technical and Financial Proposals are:
Weightage given to Technical Proposal ( T %) = 80 % and
Weightage given to Financial Proposal ( P %) = 20 %.
The address for negotiation is: Not applicable
6.2 Commencement of Assignment: The firm shall begin carrying out the services within 15 days
after the effective date of the contract.

20
 SECTION 3:
The proposal should contain the following information in enclosed format attached at
Form FC-1

(1) Year of Establishment of Firm

(2) Average annual turnover (last Five years)
(3) Number of Key personnel with the firm
FORM FC-I

FIRM’S CREDENTIALS
(to be filled by each of the constituent firm in case of JV)

1. Name of the packages to be applied for:-

2. Year of establishment of firm
Consultant Year of Country Type of Organization
Establishment Individual Partnership Corporation Other
Sole or
Lead
Partner in
case of JV
Other
Partner of
JV
3. Office/Business Address/Telephone nos./Cable Address.
4. Consulting firms former name and year of establishment.
5. Narrative description of firms (Use other sheet, if necessary)
6. Name of, not more than two (2) principals who may be contacted with title and
telephone number /fax number.
7. Number of key Personnel in the Organisation
Discipline

8. Financial Statement of the last Five years

Sl. Particulars 2016- 2015- 2014- 2013- 2012-

No 2017 2016 2015 2014 2013
i Annual turnover from
Consulting business
ii Total Assets
iii Current Assets
iv Total Liabilities
v Current Liabilities
vi Net Worth
vii Working Capital
viii Net Profit

Note:- i) The amount shall be in INR

21
 ii) The currency conversion rate for the respective years shall be mentioned for
other international currencies
iii) The application with amount stated in currencies other than INR shall be
treated as non responsive

Highway projects handled by the consulting firms during the last seven years
{Only those projects be included, which are supported by the certificate of the
Employer / Client mentioning that the consultancy work has been completed
satisfactorily or has been substantially completed in case of project supervision
works (substantial completion means 90% works in financial value having been
executed) satisfactorily. The Experience certificate from the Employer / Client should
also indicate the cost of Consultancy fees, whether the firm has executed the
Consultancy work as the sole Consultant or in JV with another firm ( In the case of
which the role of the firm as the lead partner or as a partner of the JV, shall be
clearly indicated) and Date of completion if the work has been completed. Financial
value of work already completed should also be indicated in case of works which has
been substantially completed.

Sl. No Projects Type of Length of Employer Duration

Name/Year Services Projects
Rendered (kms)
1 2 3 4 5 6

10. Supporting Statements to Employer‟s Certificates may be furnished giving full

details of the projects carried out as below:

Name of the Project :

___________________________

Owner‟s Name and Address:

____________________________
_____________________________
Completion (Actual and Estimated):

____________________________________
Description of Project:
____________________________________

Description of Services Provided by the Firm:

_______________________________________________________________

I certify that the information in the above forms is true to the best of my knowledge.

PRESIDENT/MANAGING DIRECTOR OR
AUTHORIZED SIGNATORY#

SUBSCRIBED AND SWORN to before me this

______________________________________________________ date of
__________, 201 ____________ at ____________________________________.

22
# Please attach Power of Attorney as described or valid authorisation.

NOTARY PUBLIC

SECTION 4 : TECHNICAL PROPOSAL STANDARD FORMS

Technical Proposal submission forms

Form Tech -1 Firm’s References
Form Tech- 2 Comments and Suggestions on the Terms of Reference and on Data, Services and
Facilities to be provided by the Client
Form Tech -3 Description of the Methodology and Work Plan for performing the Assignment
Form Tech – 4 Team Composition and Task Assignments
Form Tech – 5 Format of Curriculum Vitae of proposed Professional Staff
Form Tech – 6 Time Schedule for Professional Personnel
Form Tech – 7 Activity (Work) Schedule.
Form Tech – 8 Integrity Pact.
Appendix-I Format for Self Technical Evaluation

23
 Form Tech-I
FIRM’S REFERENCES
Relevant Services Carried out during Last Seven Years that Best Illustrate Qualifications
Using the format below, provide information on each reference assignment for which your firm/entity,
either individually as a corporate entity or as one of the major companies within an
association/consortium was legally contracted.

Assignment Name: Country:

Location within Country : Key Professional Staff Provided by Your

Firm/entity (profiles):

Name of Client: No. of Staff:

Address : No. of Staff-Months, duration of assignment

Start Date (Month/Year) Completion Date Total Approx Value of Services (in current
(Month/year) INR)

Approx. Value of Share of firm (in current INR)

Name of Associated consultants, if any; No. of months of Professional Staff, provided

by Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and functions performed:

Narrative Description of Project:

Description of Actual Services Provided by Your firm:

Firm’s Name ________________________________________

Note : In case of claiming experience of completed projects, completion certificate from the
Employer should be enclosed. In case of works which have been substantially completed,
certificate issued by Employer should indicate the Financial Value of work already completed in
addition to the total cost of the work.

24
 Form Tech-2

COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE AND ON

DATA, SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT

On the Terms of Reference (Not more than one page)

……………

On the data, services and facilities to be provided by the Client (Not more than one page)

……………

25
 Form Tech-3

DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE

ASSIGNMENT

(Not more than 6 pages)

26
 Form Tech-4

TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical /Managerial Staff

Sl.No. Name Position Task

1.

……

2. Support Staff

Sl.No. Name Position Task

1

……

27
 Form Tech-5

FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position__________________________________________________

Name______________________________________________________

Date of Birth________________________________________________________

Personal Address ………………………………………

Telephone No. ……………………………………...

Fax No. ………………………………………
Email Address ………………………………………

Nationality ………………………………………

Years with Firm/Entity _________________________

Membership of Professional Societies _____________________________________

__________________________________________________________________________
__________________________________________________________________________

Education

(Summarize college/university and other specialized education of staff member, giving names of schools,
dates attended, degrees obtained. Use about one quarter of a page)

Key Qualifications:
(Give an outline of staff member’s experience and training most pertinent to tasks on assignment.
Describe degree of responsibility held by staff member on relevant previous assignments and give dates
and locations. Use about half a page).

____________________________________________________________________________

Languages :

28
Employment Record

(Starting with present position, list in reverse order every employment held. List all positions held by staff
member since graduation, giving dates, names of employing organizations, titles of positions held, source
of funding (World Bank, ADB, JBIC, UN etc.) for the projects handled, types of activities performed and
client reference, where appropriate.)

Languages :

(For each language indicate proficiency – excellent, good fair or poor, in speaking reading and writing)

_____________________________________________________________________

Undertaking :

I, the undersigned certify that to the best of my knowledge and belief, these data correctly describe me,
my qualifications, and my experience. Further I certify that I am available for the assignment and shall be
willing to work for NHAI for the entire duration of the position. I have also not left any NHAI
project(completed/ongoing) with out its approval and have not been debarred by NHAI in past.

________________________________________________________ Date:________
(Signature of staff member and (Day/Month/Year)
Authorized Representative of the Firm)

Full name of staff member: _______________________________________________

Full name of authorized representative: __________________________________

Note-
a) Photocopy of degree certificates duly signed by the personnel in blue ink to be
enclosed with proposal.

b) Personnel are to affix his recent photograph on first page of CV.

c) Document for proof of age is to be enclosed.

d) Document for proof of qualification is to be enclosed.

e) Age of the personnel should not be more than 65 years.

29
 Form Tech-6
TIME SCHEDULE FOR PROFESSIONAL PERSONNEL.

A. Activity Schedule

Sl. Name Position Monthwise Program (in form of Bar Chart)

No. [1st, 2nd, etc. are months from the start of assignment]

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th and Number of
subsequent Months
years

1 Subtotal (1)

2 Subtotal (2)

3 Subtotal (3)

4 Subtotal (4)

- -

- -

Signature………………………..
(Authorised Representatrive)
Full Name…………………………
Title…………………………………
Address……………………………..

30
 Form Tech-7

ACTIVITY (WORK) SCHEDULE

A. (Activity Schedule)

Monthwise Program (in form of Bar Chart)

[1st, 2nd, etc. are months from the start of assignment]
S.No. Item of 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
Activity(work)

B. Submission of Reports

Sl. No. Reports Frequency

1 Monthly Progress report Every month
By 5th of following Month (4 copies)
2 Quarterly Progress Report Every Quarter
By 10th day of April, July, October and January
(4 copies)
3 Supervision Manual At commencement of the assignment (4 copies)
4 Sectional Completion Report On completion of each section of the Construction
package (4 copies)
5 O & M Manual On completion of each section of the construction
package (4 copies)
6 Final Completion Report On completion of the Package (4 copies) &
CD/DVD along photographs & video recording
construction stages

31
 Form Tech-8

INTEGRITY PACT
(To be executed on plain paper and submitted along with Technical Bid/Tender documents
for tenders having a value between Rs.5 Cr and 100 Cr. To be signed by the bidder and same
signatory competent/ authorized to sign the relevant contract on behalf of the NHAI)
Tender No._________
This integrity Pact is made at _____ on this _________day of ________2016.
Between
National Highways Authority of India (NHAI), a statutory body constituted under the
National Highways Authority of India Act, 1988, which has been entrusted with the
responsibility of development, maintenance and management of National Highways, having
its office at G-5 & G-6, Sector-10, Dwarka, New Delhi, hereinafter referred to as “The
Principal”, which expression shall unless repugnant to the meaning or contract thereof
include its successors and permitted assigns.
and
___________________________________ hereinafter referred to as “The Bidder/Contractor
/Concessionaire/Consultant” and which expression shall unless repugnant to be meaning or
context thereof include its successors and permitted assigns.
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures,
contract/s for “Authority Engineer Services for the project of ****** in the State of ******
under NHDP Phase-**** on ****** mode ”. 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) 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 stipulated in
this pact, the parties hereby agree as follows and this pact witnesses as under:-
Article-1 Commitments of the Principal

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

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

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

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

c. The Principal will exclude all known prejudiced persons from the process, whose
conduct in the past has been of biased nature.

32
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 contracts, submission or non-submission or bids or any
other actions to restrict competitiveness or to introduce cartelization in the
bidding process.

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

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

33
 g. The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any
outside influence through any Govt. bodies/quarters directly or indirectly on the
bidding process in furtherance of his bid.
Article – 3 Disqualification from tender process and exclusion from future
contracts.

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

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

2. If the Bidder/ Contractor/ Concessionaire/ Consultant 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/ Contractor/ Concessionaire/ Consultant 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/ Contractor/ Concessionaire/ Consultant and the amount of the damage. The
exclusion will be imposed for a minimum of 1 year.

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/ Contractor/ Concessionaire/ Consultant 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/ Contractor/ Concessionaire/
Consultant shall be final and binding on the Bidder/ Contractor/ Concessionaire/
Consultant.

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

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

7. Subject to full satisfaction of the Principal, the exclusion of the Bidder/ Contractor/
Concessionaire/ Consultant could be revoked by the Principal if the Bidder/
Contractor/ Concessionaire/ Consultant can prove that he has restored/ recouped
the damage caused by him and has installed a suitable corruption prevention system
in his organization.

34
Article – 4 Compensation for Damages.

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

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

relevant provisions of the contract related to Termination of Contract due to
Contractor/ Concessionaire/Consultant’s Default. In such case, the Principal shall be
entitled to forfeit the Performance Bank Guarantee of the Contractor/
Concessionaire/ Consultant and/ or demand and recover liquidated and all damages
as per the provisions of the contract/concession agreement against Termination.
Article – 5 Previous Transgression

1. The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any
country conforming to the anti corruption/ Transparency International (TI) approach
or with any other Public Sector Enterprise/ Undertaking in India or any Government
Department in India that could justify his exclusion from the tender process.

2. If the Bidder makes incorrect statement on this subject, he can be disqualified from
the tender process or action for his exclusion can be taken as mentioned under
Article-3 above for transgressions of Article-2 and shall be liable for compensation
for damages as per Article-4 above.
Article-6 Equal treatments 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 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

35
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 this time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/ determined
by Chairman of NHAI.
Article - 10 Other Provisions.

1. This pact is subject to Indian Law. Place of performance and jurisdiction is the
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 a partnership or a

consortium, this pact must be signed by all partners or consortium members.

4. Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.

5. Any disputes/ differences arising between the parties with regard to term of this
pact, any action taken by the Principal in accordance with this Pact or
interpretation thereof shall not be subject to any Arbitration.

6. The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant 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): ________________

36
 Appendix-I

Formats for Self-Technical Evaluation

Name of Project : Supervision Consultancy Services for construction supervision of the Rehabilitation and Reconstruction work and other
incidental works of Deoli-Kota section (Design Km.167.624 to Km. 250.144) Section of NH- 12 (New NH- 52) In the state of Rajasthan

Evaluation Sheet Specific Experience of Firm related to the Assignment Total Marks = 20)
Name of Firm :
Sl. Max Marks
Description Remarks
No. Marks Obtained
Experience as Construction Supervision Consultant/Authority’s Engineer in
Highway Projects (4/6 lane)* of length equal to 82.52 km or more in last 7
1 years 12 Relevant Page No -
1 Project = 9 Marks
Add 1 (one) marks for each additional Project
maximum upto 3(three) Marks

Experience as Independent Consultant in Highway Projects (4/6 lane) * of

length equal to 82.52 km or more on PPP mode in last 7 years
Project = 3 Marks
1
Add 0.5 (half) additional mark for each additional project 4 Relevant Page No -
maximum upto 1 Marks
Experience in DPR preparation in Highway Projects (4/6 lane) * of length
equal to 82.52 km or more in last 7 years
2 4 Relevant Page No -
1 Project = 3 Marks
Add0. 5 (half) additional mark for each additional project
maximum upto 1 Marks
Total 20

37
*Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. Experience of 2 lane will be considered
with a multiplication factor of 0.4, but only for those 2 lane projects whose cost of consultancy services was more than
Rs.3.0 crores (Multiplication factor will be applicable where experience in terms of project length is required).

Note- The weightage given for experience of a firm would depend on the role of the firm in the respective assignments. The
firm’s experience would get full credit if it was the sole firm in the respective assignment. If the applicant firm has
completed projects as JV with some other firms, weightage shall be given as per the JV share***. However if the applicant
firm has executed the project as associate with some other firms, 25% weightage shall be given to the applicant firm for the
projects completed under such association.

*** For weightage of experience in any past Consultancy assignment, experience certificate from the client shall be
submitted. In absence of clear demarcation of JV share in client certificate, the weightage will be treated as 60 % for lead
partner and 40% for minor partner. Annual turnover duly certified by Chartered Accountant shall be accepted. In case of
non-availability of such documents no weightage of turnover/experience will be considered.
Note-3: Experience of Consultant for having offered consultancy services to a private organization shall also be considered as
relevant experience for current assignment, provided the experience is duly endorsed by the respective Government Agency.

38
Name of Project : Supervision Consultancy Services for construction supervision of the Rehabilitation and Reconstruction work
and other incidental works of Deoli-Kota section (Design Km.167.624 to Km. 250.144) Section of NH- 12 (New NH- 52) In the state
of Rajasthan

The quality of methodology and the work plan proposed

Sl. No. Description Max. Points Marks Obtained

a) Comments/Suggestion on TOR 1
b) Quality of Approach and Methodology 3

(i) Methodology 1

(ii) Contract management Approach 1

(iii) Quality Control and Quality Assurance 1

c) Work Programme and Manning Schedule 1

Total Points 5

Note : For Each of the above mentioned sub criteria under “quality of methodology and the work plan proposed”,
the following shall be the grading

(i) Below average/ average 50%

(ii) Good 75%
(iii) Very Good 90%
(iv) Excellent 100%

39
Name of Project : Supervision Consultancy Services for construction supervision of the Rehabilitation and Reconstruction work and other
incidental works of Deoli-Kota section (Design Km.167.624 to Km. 250.144) Section of NH- 12 (New NH- 52) In the state of Rajasthan

Name of Company :
Evaluation Sheet - Team Leader-cum-Sr. Highway Engineer - Shri Age :- Years
Sl. Description Max. Marks Marks Remarks
No. Obtained
1 Relevant Page No
General Qualification
25
I) Graduate in Civil Engineering - 21 marks
II) Post Graduation in Construction Management/Bridge Graduation/PG in
Engineering/Highway/Traffic and Transportation Engineering - 04 marks in addition to 25 Relevant Course -Year
above of Passing

2 70
Professional Experience in Highway Projects: Adequacy for the project
Total Highway Professional Experience
< 15 years -0 Marks No. of Years of
i) 15 years -19 Marks beyond which add as given below 25 Experience & Relevant
Add two marks for each additional completed year of experience subject to maximum Page No.
6 (Six) marks.
Experience as Team Leader or similar capacity in supervision/construction of highway
projects with flexible pavement / bridge projects.
< 10 years -0 Marks No. of Years of
ii) 10 years -16 Marks beyond which add as given below 20 Experience & Relevant
Add 2 marks for each additional completed year of experience subject to maximum 4 Page No.
(Four) marks.

40
 Experience in Highway Development Projects of international assignments in similar
capacity having handled highway contracts of similar or large size.
< 2 Years - 0 marks
Indicate Name of
iii) 2 Years - 4 Marks beyond which add as given below 5 Countries & relevant
add 1 mark for additional completed year of Experience subject to maximum 1 (one)
page No.
marks
Experience as Team leader or similar capacity in Highway development projects of 4/6
lane* of length equal to 33.00 km comprising of flexible pavement/ Rigid pavement
construction.
< 2 Projects - 0 Marks No. of Projects &
iv) 10 Relevant Page No.
2 Projects - 8 Marks beyond which add as given below
add 1 marks for additional completed Project subject to maximum 2 (two) marks

v) Experience as Team leader or similar capacity in Highway development projects of 4/6 10

lane* of length equal to equal to 33.00 km on FIDIC format comprising of flexible
pavement construction/ Rigid pavement construction.
1 Project - 8 Marks beyond which add as given below
add 1 marks for additional completed Project subject to maximum 2 (two) marks
Employment with the Firm
< 1 year -0
3 1 year -3 beyond which add as given below 5 Relevant Page No
Add 0.5 marks for each additional completed year subject to maximum 2 marks
Total 100 (1+2+3)=A
X = Marks out of 25 ( =A/100 x 25) X

Note:

(1) Similar Capacity includes the following positions

i) On behalf of Consultant: Team Leader/Resident Engineer (Construction Supervision/IE/AE/DPR).
ii) On behalf of Contractor: Project Manager (Construction/Construction Supervision)
iii) In Government Organizations: Superintending Engineer (or equivalent) and above
(2) Only those projects will be considered for evaluation at S. No. 2(iv)& (v) where the input of the personnel is not < 12 months.
(3) In case of experience on behalf of Consultant or Contractor, the experience shall be duly endorsed by the respective
Government agency. In case of non-availability of endorsement from Govt. Agency, the experience uploaded on Infracon
Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any fake
information/ CV, which may result in debarment.
41
Name of Project : Supervision Consultancy Services for construction supervision of the Rehabilitation and Reconstruction work and other
incidental works of Deoli-Kota section (Design Km.167.624 to Km. 250.144) Section of NH- 12 (New NH- 52) In the state of Rajasthan
Name of Company

Evaluation Sheet - Resident Cum Highway Engineer : Shri Age : Years

S. N. Description Max. Marks Obtained Remarks
Marks
Name & Age
of Key
Person
1 General Qualification Relevant Page No
25
I) Graduate in Civil Engineering - 21 marks
II) Post Graduation in Construction Management /Highway Engineering, - Graduation/PG in
04 marks in addition to above 25 Relevant Course -
Year of Passing
2 Professional Experience: Adequacy for the project 70
Total Professional Experience
< 10 years - 0 Marks No. of Years of
10 years - 16 Marks beyond which add as given below Add Experience &
i) 20
two mark for each additional completed year of experience subject to maximum 4 Relevant Page No.
(four) marks.
Experience as Resident Engineer / Assistant-Resident Engineer / Highway
Engineer/Project Director / Project Manager / Superintending Engineer / Executive
Engineer on Works of Major Highway Projects of 4/6 lane* of length equal to of length
No. of Years of
equal to 33.00 km or more Experience &
ii) < 8 years - 0 Marks 15
Relevant Page No.
8 years - 10 Marks beyond which add as given below
Add 2.5 mark for each additional completed year of experience, subject to
maximum 5 (five) marks.

42
 iii) Experience as Resident Engineer / Assistant-Resident Engineer / Highway 15 No. of Projects &
Engineer/Project Director / Project Manager / Superintending Engineer / Executive Relevant Page No
Engineer on Works of Major Highway Projects of 4/6 lane* of length equal to 33.00 km
or more
< 2projects - 0 Marks
2 Projects - 10 Marks beyond which add as given below
Add 2.5 mark for each additional completed project, subject to maximum 5 (five)
marks.

Experience of handling World Bank / ADB / NHAI funded highway projects in

similar capacity as mentioned in sr.No. ii) above.
1 Project - 6 Marks beyond which add as given below No. of Projects &
iii) 10
Add 1 (one) mark for each additional completed project subject to maximum Relevant Page No
4(four) marks.
Experience of handling FIDIC Contract in similar capacity as mentioned in sr.
no. (ii) above. Name of Country,
iv) < 2years - 0 Marks 10 No. of Years &
2 years & more with international experience - 10 Marks Relevant Page No
2 Years & More without International Experience - 8 Marks

Employment with the Firm

< 1 year - 0Marks
1 year - 3 Marks beyond which add as given below Relevant Page
3 5
Add 0.5 marks for each additional completed year subject to maximum 2 No.
marks

Total 100 (1+2+3)=A

X = Marks out of 15 ( =A /100 x 15)# X

# Weightage of 7.5 marks to each Resident Cum Highway Engineer

Note:

(1) Only those projects will be considered for evaluation at S. No. 2 (iii) where the input of the personnel is not < 12 months.

43
(2) In case of experience on behalf of Consultant or Contractor, the experience shall be duly endorsed by the respective
Government agency. In case of non-availability of endorsement from Govt. Agency, the experience uploaded on
Infracon Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any
fake information/ CV, which may result in debarment.

44
Name of Project : Supervision Consultancy Services for construction supervision of the Rehabilitation and Reconstruction work and other
incidental works of Deoli-Kota section (Design Km.167.624 to Km. 250.144) Section of NH- 12 (New NH- 52) In the state of Rajasthan

Name of Company
Evaluation Sheet – Bridge/ Structural Engineer : Shri Age Years
Sl. Description Max. Marks Obtained Remarks
No. Marks
Name & Age
of Key
Person
1 General Qualification Relevant Page No
25
I) Graduate in Civil Engineering - 21 marks Graduation/PG in
II) Post Graduation in Structural Engineering - 04 marks in addition to 25
above Relevant Course -Year
of Passing
Professional Experience : Adequacy for the project
2 70
Total Professional Experience
< 15 years - 0 Marks
15 years - 16 Marks beyond which add as given below No. of Years of
i) Add two mark extra for each additional year of experience subject to 20 Experience & Relevant
maximum 4 (four) marks. Page No.

Experience in Bridge Construction works on Highways

(Supervision/construction)
< 10 years -0 No. of Years of
ii) 10 years - 15 beyond which add as given below 20 Experience & Relevant
Add one marks extra for each additional completed year of experience Page No.
subject to maximum 5 (Five) marks.

45
 Experience in construction of deep foundation viz. well / pile
foundations as Bridge /Structural Engineer.
< 3 projects -0 Marks No. of Years &
iii) 3 projects - 12 Marks beyond which add as given below 15
Relevant Page No
Add1 (one) mark extra for each additional project subject to maximum
3 (three) mark
Experience in construction of Major Bridges of length more than 200m
as Bridge/structural Engineer.
< 2 Major Bridges -0 Marks
iv) 2 Major Bridges - 12 Marks beyond which add as given below 15 No. of Projects &
Add 1.5 mark extra for each additional project subject to maximum 3 Relevant Page No
(three) mark
Employment with the Firm
< 1 year - 0 Marks
1 year -3 Marks beyond which add as given below
3 5 Relevant Page No.
Add 0.5 marks for each additional completed year subject to maximum
2 marks

Total 100 (1+2+3)=A

X = Marks out of 12 ( =A /100 x 12) X

Note:

(1) Only those projects will be considered for evaluation at S. No. 2(iii)&(iv) where the input of the personnel is not < 12 months.

(2) In case of experience on behalf of Consultant or Contractor, the experience shall be duly endorsed by the respective
Government agency. In case of non-availability of endorsement from Govt. Agency, the experience uploaded on
Infracon Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any
fake information/ CV, which may result in debarment.

46
Name of Project : Supervision Consultancy Services for construction supervision of the Rehabilitation and Reconstruction work and other
incidental works of Deoli-Kota section (Design Km.167.624 to Km. 250.144) Section of NH- 12 (New NH- 52) In the state of Rajasthan

Name of Company

Evaluation Sheet – Senior Quality Cum Material Expert : Shri Age Years
S. N. Description Max. Marks Obtained Remarks
Marks
Name & Age
of Key
Person
1 General Qualification Relevant Page
25 No
I) Graduate in Civil Engineering - 21 marks Graduation/PG
II) Post Graduation in Geo-technical / Highway Engineering - 04 marks
in addition to above 25 in Relevant
Course -Year
of Passing
Professional Experience : Adequacy for the project
2 70
Total Experience in Quality/Material aspects of Highways
< 10 years -0 Marks
No. of Years of
10 years -22 Marks beyond which add as given below
i) 30 Experience &
Add two mark extra for each additional year of experience subject to
Relevant Page
maximum 8 (eight) marks.
No.

47
 Experience of similar nature in Construction/supervision works of
highway projects of 4/6 lane* of length equal to 33.00 Km or more for 2
lane as Material Engineer/ Geo-technical Engineer No. of Years of
< 5 years - 0 Marks
ii) 20 Experience &
5 years - 15 Marks beyond which add as given below
Relevant Page
Add 1 (one) marks extra for each additional completed year of
No.
experience subject to max. 5 (five) marks
Experience in handling similar highway projects of 4/6 lane* of length equal
to 33.00 km or more / Bridge project costing not less than Rs.100 crores as
Material Engineer/ Geo-technical No. of Projects
iii) Engineer. 15 & Relevant
< 2 projects - 0 Marks Page No
2 Projects - 10 Marks beyond which add as given below
Add 2.5 marks extra for each project to maximum 5 (five) marks.
Work experience in Highway Projects as
Material Engineer.
< 1 year - 0 Marks No. of Years &
iv) 1 year - 3 marks beyond which add as given below 5 Relevant Page
add 1 marks for each additional completed year of experience subject to No
max 2 (two) marks
Employment with the Firm
< 1 year - 0 Marks
1 year - 3 Marks beyond which add as given below Relevant Page
3 Add 0.5 marks for each additional completed year subject to maximum 2 5
No.
marks

Total 100 (1+2+3)=A

X = Marks out of 12 ( =A /100 x12) X

Note:
(1) Only those projects will be considered for evaluation at S. No. 2(iii) where the input of the personnel is not < 12 months.
(2) In case of experience on behalf of Consultant or Contractor, the experience shall be duly endorsed by the respective
Government agency. In case of non-availability of endorsement from Govt. Agency, the experience uploaded on
Infracon Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any
fake information/ CV, which may result in debarment.
48
Name of Project : Supervision Consultancy Services for construction supervision of the Rehabilitation and Reconstruction work and other
incidental works of Deoli-Kota section (Design Km.167.624 to Km. 250.144) Section of NH- 12 (New NH- 52) In the state of Rajasthan

Name of Company

Evaluation Sheet – Senior Contract Specialist: Shri_________________________________________ Age: Years

Sl. No. Description Max. Marks Marks Obtained Remarks
1 General Qualification 25
Relevant Page
No
I) Graduate in Civil Engineering 21 25 Graduation/PG
in Relevant
II) Degree in Law/PG in management/certificate course in 04 Course -Year of
management/certificate course in construction management/ Passing
certificate course in contract management.

2 Adequacy for the Project 70

Professional Experience

i) Professional Experience in contract management 20 No. of Years of

< 15 years -0 Experience &
15 years -15 Relevant Page
Add one mark extra for each additional year of experience subject to No.
maximum 5 (five) marks.
ii) Experience as contract specialist on any National/State Highway projects 20 No. of Years of
(2-lane and above configuration of Highways). Experience &
< 4 years -0 Relevant Page
4 years -15 No.
Add one mark extra for each additional year of experience subject to
maximum 5 (five) marks.

49
 iii) Experience in Contract Management of a large Highway contract say over 25 No. of
Rs. 150 crore including experience of handling Variation orders, claims of Projects
the contractor and their appropriate disposal (2-lane and above &
configuration of Highways). Relevant
< 1 nos -0 Page No
2 nos -21
Add 2.0 (two) marks extra for each additional project subject to maximum 4
(four) marks.
iv) Experience in handled Arbitration cases in respect of any Highway project 5 No. of
of 4/6 lane* of length equal to 33.00 km or more for 2 lane Projects
Experience in 1 project - 3 &
More than one project - 5 marks Relevant
Page No
3 Employment with the Firm 5 Relevant
< 1 year - 0 Marks Page No
1 year - 3 Marks beyond which add as given below
Add 0.5 marks for each additional completed year subject to maximum 2
marks
Total : 100 (1+2+3)=A
X = Marks out of 11 ( =A /100 x11) X

Note:

(1) Only those projects will be considered for evaluation at S. No. 2(iii) and 2(iv) where at least 6 months input has been
claimed.

(2) In case of experience on behalf of Consultant or Contractor, the experience shall be duly endorsed by the respective
Government agency. In case of non-availability of endorsement from Govt. Agency, the experience uploaded on
Infracon Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any
fake information/ CV, which may result in debarment.

50
General Note: applicable to all key personnel:
If a key personnel has worked in next lower category to the similar capacity, the marks allotted to key personnel in the
category ‘experience in similar capacity’ shall be reduced to two thirds of marks in this category. This shall be applicable for
evaluation of all key personnel.

* Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2
lane will be considered with a multiplication factor of 0.4.

51
SECTION 5: FINANCIAL PROPOSAL STANDARD FORMS

Form FIN-1 Summary of costs

Form FIN-2 Breakdown of local currency costs

Form FIN-3 Breakdown of foreign currency costs - deleted

52
 APPENDIX C-1
FINANCIAL PROPOSAL SUBMISSION FORM

FROM :
(Name of Firm)

TO :
Sanjeev Sharma
General Manager (Tech)
National Highways Authority of India
G-5& 6, Sector-10, Dwarka,
New Delhi- 110 075.
Tel:- 011-25074100/4200 Ext 1103
Email : sanjeevsharma@nhai.org

Sub.: Submission of Financial Proposal for Supervision Consultancy Services for construction supervision of
the Supervision Consultancy Services for construction supervision of the Rehabilitation and
Reconstruction work and other incidental works of Deoli-Kota section (Design Km.167.624 to
Km. 250.144) Section of NH- 12 (New NH- 52) In the state of Rajasthan
* **
Sir,

We, the undersigned, offer to provide the consulting services for the above in accordance with your Request for
Proposal dated [Date], and our proposal. Our attached financial proposal is for the sum of [Amount in words and
figures]. This amount is exclusive of the local taxes which we have estimated at (Amount in Words and Figures).

Our financial proposal shall be binding upon us subject to the modifications resulting from contract negotiations,
up to the expiration of the validity period of the proposal, i.e., [Date].

We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will
strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act
1988”.

Commission and gratuities, if any, paid or to be paid by us to agents relating to this proposal and contract
execution, if we are awarded the contract, are listed below:
Name and Address Amount and Purpose of Commission
of Agents Currency or Gratuity

............................... ........................... ……..…………………

............................... ........................... ……………………….

Managing Director/Head of the

firm/Authorised Representative of
the firm*
Name of the firm Address
*Lead Member in case of JV

53
 Form FIN-1
SUMMARY OF COSTS IN LOCAL CURRENCY

No. Description Amount

(LC)*

Local Consultants

I Remuneration for Local Professional Staff

II Administrative Support Staff

III Transportation

IV Duty Travel to Site

V Office Rent

VI Office supplies, Utilities and communication

VII Office Furniture and Equipment

VIII Reports and Document Printing

IX Survey Equipment

Subtotal Local Consultants

Consultancy Services Tax payable in India

TOTAL COSTS (Including Tax)

LC* Local Currency

Note: The ceiling cost of the consultancy is as shown in the Summary of Costs. Payments will be made as per
stipulations of the Special Conditions of Contract.

54
 Form FIN-2

BREAKUP OF LOCAL CURRENCY COSTS

I. REMUNERATION FOR LOCAL STAFF

Sl. No. Name Man months proposed for Billing Amount

Position Construction period (18 months) and Rate in (Rs.)
for Defect Liability Period upto 36 figures
months
Man-Months DLP Total
Period
Key Professional Staff :
1. Team Leader-cum-Sr. 1X18 1X9 27
Highway Engineer
2. Resident Cum Highway 2x18 1x36 72
Engineer

3. Bridge/Structural Engineer 1x18 1x9 27

4. Senior Quality Cum Material 1x18 1x9 27

Expert

5 Senior Contract Specialist 1X6 1X6 12

Sub total 96 69 165
Sub-Key Professional Staff :

1. Quantity Surveyor 1x18 1x9 27

2. Assistant Highway Engineer 2x18 1x36 72
3. Assistant Bridge Engineer 1x18 0 18
4. Assistant Quality Cum Material 1x18 0 18
Engineer
5. HTMS/Toll Expert 0 0 0
6. CAD Expert 1x18 1x6 24
Sub Total 108 51 159
Support Staff Technical

1. Surveyor 1x18 1x9 30

2. Lab Technician 2x18 2x9 60
Sub Total 54 27 81
Total 258 147 396

55
II. Administrative Support Staff

Sl. Construction period 18 months and Defect Billing Rate in

Position Name Liability Period 36 months Amount (Rs.)
No. figures

Construction DLP Period Total

period
1. Office Manager –cum- 18 36 54
Accountant
2 Accountant
Computer Operator- 2x18 1x36 72
2 nos.
3 Office Boy – 2 nos 2x18 1x36 72
during construction, 1
during DLP
4 Guard – 2 nos 2x18 2x36 108

Total 126 180 306

III. Transportation (Rental only) (fixed cost) :

The vehicles provided by the Consultants shall include the cost for rental, drivers,
operation, maintenance, repairs, insurance, etc. for all complete approx. 3000km/month run
Total Rate per
S. No. Description Quantity No. of Amount
months month

1 SUV 2 no. - Construction 2x18+ 72

1 no.- during DLP 1x36

2 Support staff – 4 no. - Construction 4x18+ 144

Tata 2 no.- during 2x36
Sumo or DLP
equivalent
Total:

IV. Duty Travel to Site (Fixed Cost) : Professional, Sub-Key-Professional Staff and Support Staff
Technical
S. No. Description of Trip No. of round Rate* Amount (Rs.)
trips
1 Visit to Head Office 20
2 Visit to Regional Office 20
Total :
56
 *Rate quoted includes Hotel charges, travel cost etc. complete.

V. Office Rent - Fixed cost (Rental only):

Rate in Words
S. No. Description of Trip Months Amount (Rs.)

Minimum 200 sqm area of office shall be rented.

The rent cost includes electricity and water charges, maintenance, cleaning, repairs, etc.
complete.
1 office 54

Total : 54

VI. Office Supplies, Utilities and Communication (Fixed cost) :

Sl. Rate in Words
Item Months Amount (Rs.)
No.

1. Office Supplies 54
2. Drafting Supplies 4
54
3. Computer Running Costs 54
and software compatible with
that of civil work
4 Domestic and International 54
Communication
Total 216

VII Office Furniture and Equipment (Fixed cost Rental)

No. of Monthly rate In
Description words Amount (Rs.)
months
Office Furniture* 54
Office Equipment** 54
Total

* Office furniture rental shall comprise to run the consultant‟s office items like desks, chairs,
computer table, cupboards, filing cabinet, meeting table with chairs, white boards, sofa set etc.
Rental of all consolidated items as assessed by consultant on monthly basis rate to be quoted.

** Office equipments rental shall comprise to run consultant‟s office items includes plotter,
laser printer, photo copy machine, fax machine, telephone, bidding machine, external CD/DVD
writer, laptop, camera, SLR, generator, refrigerator etc. Rentals of all consolidated items on
monthly basis to be quoted.

57
VIII Reports and Document Printing

Sl. No. of No. of copies

Description Rate per copy Amount (Rs.)
No. Reports per Report

1. Monthly Progress Report for 2x 18 4

each package separately
2. Quarterly Progress Report for 2x 6 4
each package separately
3. Supervision Manual for each 2 4
package separately
4. Sectional Completion Report for 2 4
each package separately
5. O & M Manual for each package 2 4
separately
6. Final Completion Report 2 4
with CD/DVD including
video of entire stretch after
completion covering
inventories for each package
separately

Total : 56

IX Survey Equipment:
Sl. No. Description No. of months Rate per month Amount (Rs.)
1. Survey equipment essentially 54
required for routine works related
to the project

4. Other Costs (Reimbursable) - Deleted

5. Cost of Training (Reimbursable) - Deleted

58
 Form FIN-3

BREAKUP OF COSTS IN FOREIGN CURRENCY – Deleted.

I Remuneration to Expatriate Staff - Deleted.

II . Mobilization and Demobilization - Deleted

III. Accommodation for Consultants’ Expatriate Staff (Fixed Rate) - Deleted

59
 SECTION 6
TERMS OF REFERENCE
(TOR)

60
 SECTION 6

BACKGROUND INFORMATION AND TERMS OF REFERENCE

1. BACKGROUND

1.1 These Terms of Reference (TOR) define the services required of the Consultants to be engaged to
assist National Highways Authority of India (NHAI) in implementation of the project.

1.2 The project is located in the States of Rajasthan on National Highway No. 52 (New NH-12). The
project comprises of Supervision Consultancy Services for construction supervision of
Rehabilitation and Reconstruction work and other incidental works of Deoli-Kota section
(Design Km.167.624 to Km. 250.144) Section of NH- 12 (New NH- 52) on item rate(percentage)
tender basis .

1.3 The Rehabilitation and Reconstruction work of Deoli-Kota section is being procured under
international Competitive Bidding as Item rate (percentage) Contract in two packages separately for
flexible pavement and Rigid pavement. These works will be executed under FIDIC Conditions of
Contract.. The construction work comprises following contract:

S.No. State/NH Project Description Project Length Tentative

Completion
Period
1 Rajasthan Reconstruction & Rehabilitation 38.10 km 18 months
Bituminous Pavement Works and
Incidental Works of Deoli-Kota Section of
NH- 12 (New NH- 52) from Km. 165.00 to
Talabgaon Junction (Design Km.167.624
to Km. 205.724) in the state of Rajasthan
(Package-1) on item rate (percentage)
basis
[Flexible Pavement]
2 Rajasthan Reconstruction & Rehabilitation with 44.42 km 18 months
Cement Concrete Pavement and
Incidental Works of DeoliKota Section of
NH- 12 (New NH- 52) from Talabgaon to
Junction of NH- 76 (New NH- 27) on Kota
Bypass (Design Km.205.724 to Km.
250.144) in the state of Rajasthan
(Package-2) on item rate (percentage)
basis
[RIGID pavement]

1.4 It is proposed to engage highly qualified Consultant with proven relevant experience in
implementing the projects of similar nature and size, for the supervision of proposed civil works.
The proposed construction technology involves use of latest machinery and equipment and it is
expected that the Consultant engage experts to be deployed to have proven National/International
experience of handling such construction works.

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1.5 The National Highways Authority of India (NHAI) will be the Employer and Executing Agency of
these projects.

1.6 Keeping in view the construction duration period vide details in para 1.3 above, it is felt that more
concerted efforts will be required to be made either at one front/stream by deploying more machinery
and manpower including increasing the number of shifts etc or alternatively by opening more than
one frontage simultaneously in order to complete the project within the stipulated periods. These
details are furnished to acquaint the prospective Supervision Consultants to understand the quantum
of supervision work involved. The Consultants are expected to reflect the above requirement in their
technical and financial proposal adequately besides dealing the project management aspect in their
proposed methodology. Broadly the supervision construction work programme shall require
working as per requirement of civil work.
2. PROPOSED CONSULTANCY ARRANGEMENT
2.1 Under the proposed arrangement supervision consultant will be required to create office, located at a
suitable place. The office will have key personnel/experts performing advisory, supervision and
regulatory functions. A set of experts along with the field engineers will be deployed for construction
package, to carry out the day-to-day supervision of works as well as quality control testing etc. as
may be required. Some of the experts will have relatively short duration stay, because of their work
being more of expert advisory nature broadly as per details given in Annex-I.
2.2 The Consultant may associate, if they like, with other consultants/sub-consultants to enhance their
capability/capacities. They may even hire the services of a better-qualified and experienced key
expert (like Pavement Expert, Bridge Engineer, Contract Specialist) from outside (ensuring their
availability for the project duration) to enhance the quality of the team, if such experts are not readily
available with them. The majority of the experts should, however, the permanent employees of the
Consultants. The co-ordination aspects including the payment arrangement between main and sub-
consultants will be required to be firmed up before the award of supervision consultancy services to
avoid problems during implementation stage. The responsibility for the supervision works for
the construction packages will, however, firmly rest with the main consultant. It is not
obligatory for the main consultant to have any association.
3. OBJECTIVES
The objectives of the consultants’ services are:
i) To ensure that high quality construction is achieved and to ensure that all works are carried
out in full compliance with the engineering design, technical specifications and other contract
documents within the stipulated time period.
ii) To demonstrate the efficacy of contract supervision by independent external agencies
experienced in this field of work.

iii) The Design of different components of project highway shall be the obligation of Supervision
Consultant, for completion of the project, without any additional cost to NHAI.

4. CONTRACT MANAGEMENT FRAMEWORK

A Contract Management Framework (CMF) will govern the execution of works. The main features of
CMF are described below:

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(i) To administer the contracts, the NHAI will be the Employer. The Chief General Manager
(Tech), in-charge of the project State at the corporate office will be the overall in-charge of
Package. He will be duly supported by General Manager, Dy. General Manager / Manager
with other supporting staff including Finance and Accounts people at the corporate office.
The civil construction package will have a Project Implementation Unit (PIU) headed by a
Project Director of General Manager/Dy. General Manager/Manager rank. The PIU will
interact with the Supervision Consultant and Contractors of the construction package and
shall be reporting to the Regional Officer, RO-jaipur.

(ii) The RO Jaipur office shall be assisted by an F & A unit. The F & A unit will be responsible
for keeping and maintaining the project accounts. Project Director and other officers will
process all invoices/payments pertaining to the concerned construction package and F/A
unit will make the payment.

(iii) The Project Director will have authority to give directions to the Supervision Consultant in all
routine matters related to the contract management/administration which will include among
other things application of correctives for any laxity in respect of slow progress and poor
quality level of execution, examination of the cases of variation orders including variations in
quantities and additional work items recommended by Supervision Consultant. The
Supervision Consultant shall duly consider his suggestions/directions and in case of any
differences both the Supervision Consultant and Project Directors shall send their
independent point of view to the RO-Jaipur for decision-making. The decision of the
Regional Officer, RO-Jaipur will be finally implemented. In case of variation orders or any
other issue having financial implications, the Project Director of PIU will send his comments
along with the view/recommendations of the Supervision Consultant for management
decisions at NHAI headquarter through Regional Officer, RO-Jaipur. The Project Director
will examine invoices of both the consultants and contractors and make the eligible
payments. Both the Project Director and Supervision Consultant shall interact with each
other on regular basis and Project Director will make prompt decisions as required in routine
technical and contractual matters. All communications/ directions at PIU level to the
Supervision Consultant shall be made by Project Directors except in the absence of Project
Director, when such duties will be discharged by a technical officer of PIU duly authorized for
this purpose.

(iv) The Supervision Consultant will be a part of the C.M.F. and will assist the Employer in all
matters pertaining to contract management, as required.

(v) The client or his representative may inspect and review the progress of works and may issue
appropriate directions to the Engineer for taking necessary action. The Employer or his
representative may also test check the quality and quantity of the materials brought to the
site for incorporating in the permanent works and may also test check the quantity, quality
and workmanship of the work executed in the presence of the representatives of the
Engineer and the Contractor. Project Director will associate with the Team Leader of the
Supervision Consultant in test checking of Quality Control tests at least to the extent of 3 %.

(vi) The Engineer/Engineer’s representative must satisfy himself before submitting a bill
(payment certificate) it to the Project Director for payment that the work or supply billed for
has actually been carried out/completed in accordance with the terms and conditions of the
contract. He should personally inspect all works of any magnitude before authorizing final
payments in connection therewith.
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 (vii) In addition to the above, the team leader of the Supervision Consultant is required to check
measure 5% of the value of the measurements and the Bridge Engineer and Highway
Engineer is required to check measure 50% of the value of the measurements before any
IPC is submitted to PIU.

(viii) The Project Director himself or through his designated officer of PIU will carry out random
test check of 3 % of the measurements, including 3 % test checking of all hidden items of
the work and all items for which the quantity exceeds more than 25% of the tender quantity,
before making payment of any running/final bill. (Hidden item is one, which is not exposed
for measurement after completion such as clearing and grubbing, earth work, bridge
foundation, granular sub base, bituminous base etc.).

The test measurement shall be in the presence of the Team Leader/Bridge/Highway

Engineer or other authorized personnel of the Supervision Consultant, for verifying the
veracity of the bills and for checking the quality of the works. In case the check
measurement is carried out by the designated officer, the Project Director will countersign
the check measurements.

(i) Project Director shall also exercise test check at least 3% of Original Ground
Levels/Reduced Levels recorded by the Supervision Consultant in the Level Book. The test
check should be as representative as possible for the entire work done.

(ii) For the purpose of test check, “measurements” means the “corresponding monetary value of
measurements of work done.” This, however, does not apply to “levels” in which case the
test check has to be based on the number of levels recorded.

5. THE CONSULTANT

5.1 NHAI in its role as “Employer” will employ qualified consultant meeting the international standards by
selecting from the short-listed consultants, to undertake supervision and contract management of the
proposed construction packages. The Consultants’ firm so selected shall nominate a person to be
the “Engineer’s Representative”. This person will reside at the project site on a full-time basis
throughout the period of the construction supervision services and will be known as Team Leader.
He will be the overall in-charge of the consultants’ firm at site and will interact with the Project
Director, as well as with the corporate office on routine basis. Team Leader shall discharge all the
duties and responsibilities of the ‘Engineer’s Representative’.

5.2 The supervision team will be composed of highly qualified and experienced key experts. The
indicative qualification and experience criteria are furnished in Annex-I and the proposed aggregate
man-months in Para 11 subsequently. The criteria indicated are for the guidance of the consultants.
The relevant professional experience means, the actual experience in the concerned area of
expertise on similar nature highway projects. The quality of experience will be given due weightage
during technical evaluation.

5.3 The consultants are required to develop the proper understanding of the project design and
drawings. In situation where it is felt essential to make some changes in the design/drawings, the
Consultant shall undertake the same by deploying experts. No extra remuneration shall be paid for
these experts. Proof checking of the contractors/manufacturer’s designs in the case of specialized
work will be the responsibility of the supervision consultant.
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5.4 The dates of actual deployment of some experts not provided on full time basis like Contract
Specialist, shall be regulated by the employer on the basis of actual project requirement to ensure
that these experts are deployed when needed and not otherwise.

5.5 The suggestive qualification experience for Sub Professional Staff and Support Staff (Technical) as
indicated in Annex–II & Annex–III respectively shall regulate the approval of these personnel during
the implementation stage. The approval in respect of these personnel from the client will be required
before the deployment.

5.6 There are certain positions of key experts like Team Leader-cum-Sr. Highway Engineer, Highway
Engineer, Material-cum-Quality Control Engineer, Bridge Engineer, & Contract Specialist etc. where
deployment of suitable personnel is considered essential for successful completion of the project.
These positions are to be considered for the purpose of technical evaluation. Consultants are
therefore advised to field truly competent and experienced experts at these positions.

6. DUTIES AND RESPONSIBILITIES OF THE ENGINEER

6.1 The ‘Engineer’ as per contract document is the party as stipulated in the “Appendix to Bid” of the
contract document of civil works. The ‘Engineer’ as such is the consulting firm finally engaged by the
employer.

6.2 The Consultant shall nominate its CEO or one of the Directors from the Board of Governors of the
Consulting Firm to act as Engineer for the construction supervision contract. The Engineer shall
have the ultimate responsibility for the satisfactory discharge of responsibilities under the supervision
contract and shall ensure that the Engineer’s Representative exercises all reasonable skill, care and
diligence and acts fairly under the terms of the construction contract(s). The Engineer shall visit the
site(s) at every two months for a period of at least 2 weeks or every 1.5 months for a period of at
least one week to familiarize himself with the progress and events of the construction contract(s).

6.3 The Consultant is, however, required to appoint a Team Leader to act as the “Engineer’s
Representative”. The consultant shall delegate the responsibilities to this Team Leader to work and
act on behalf of the firm to carry out most of the functions related to the project. The consultancy
firm may have the internal regulatory and controlling arrangement with this Team Leader and for this
purpose a Team Leader might interact and receive the directions from the firm as decided by the
firm. The employer may also interact with the firm if required.

6.4 The duties of the ‘Engineer’ will be to properly supervise the works and approve the materials and
workmanship of the works in cooperation and in consultation with the Employer to ensure timely
completion of the project. The Engineer will administer both the construction works contracts and
will ensure that the contractual clauses, whether related to quality or quantities of work, are
respected. The ‘Engineer’ shall have no authority to relieve the contractors of any of their duties or
obligations under the contracts or to impose additional obligations not included in the contracts. The
duties of the Engineer will also include issue of decisions, certificates and orders as specified in
details in the construction contract documents.

6.5 Deleted

6.6 The duties and responsibilities of the Engineer and the Engineer’s representative are broadly defined
in the FIDIC IV document (GCC), Conditions of Particular Application (COPA) and Appendix to Bid.
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Principal responsibilities will be generally to carry out all the duties of the Engineer as specified in the
construction Contract documents, within the limitations specified therein, but not limited to the
following. In case of any disparity, the stipulations made in the civil construction contract
documents will prevail in the order of precedence mentioned therein.

(i) to approve the Contractor’s key superintendent personnel, construction mobilization

programs, temporary land to be occupied by the Contractor
(ii) to approve the contractor’s work program including activity scheduling and resource
programming
(iii) give the order to commence the work;
(iv) ensure that the construction works are in accordance with the technical specifications,
Environmental Management Plan and other stipulation of construction contract
documents and the construction methods proposed by the contractor are in compliance
with the above stipulations particularly, in relation to Contractor’s construction equipment
and other resource deployment.
(v) to approve setting out of the works
(vi) to verify and if necessary order correction of the as –staked drawings supplied by the
Contractor
(vii) ensure a system of Quality Assurance of works, approve materials and sources of
materials, review all bituminous mix designs and concrete mix designs proposed by the
contractor and approve/suggest modifications in the mix design, laying methods,
sampling and testing procedure and Quality Control measures to ensure required
standard and consistency in quality, at the commencement of item
(viii) check the laboratory and field tests carried out by the contractor and develop a
mechanism in consultation with Employer to involve Team Leader to carry out adequate
number of independent tests other than the regular testing done by laboratory personnel
(ix) order special tests of materials and/or completed works, order removal and substitution
of improper materials and/or works as required
(x) to make independent measurements and check all quantity measurements and
calculations required for payment purpose and ensure that all measurements and
calculations are carried out in a manner and at the frequencies specified in the contact
documents
(xi) to issue a working drawing or modify the existing drawing ( preferably within one month
on request of the contractor) or to supply a new/supplementary drawing which is not
included in the contract, wherever required and to give instructions thereof in this
connection to the contractor .
(xii) to control and appraise the progress of the works to order suspension of works and to
authorize with the Employer’s approval, extensions of the period of completion of works.
(xiii) to monitor and check the day to day quality control and quantity measurements of the
works carried out under the Contract, keep all measurement records as per the
directions of the Employer and issue monthly/interim payment certificates when the
quality of the works is satisfactory and the quantities are correct;

66
 (xiv) to direct the Contractor in all matters concerning construction safety and care of the
works (including the erection of the temporary signs at road-works) and if required, to
request the Contractor to provide any necessary lights, guards, fencing and watchmen;
(xv) to direct the Contractor to carry out all such works or to do such things as may be
necessary in his opinion to avoid or to reduce the risk in any emergency affecting the
safety of life or of adjoining property
(xvi) to direct the contractor to take all necessary steps including those mentioned in the
construction contract to protect the environment on and off the site which arise due to
construction operations
(xvii) to inspect the works, during the construction period and at proper interval during the
Defects Liability Period and to issue Defects Liability Certificates after the rectification,
by the Contractor, of possible defects and issue final payment certificates
(xviii) issue interim certificates for monthly payments to the contractors, and specify
completion of parts of the totality of the works, details of progress. Payments are to be
recorded in the measurement book before issue of interim certificate.
(xix) to verify and correct the as-built drawings supplied by the Contractor
(xx) to direct contractor to take all necessary steps to maintain the rate of progress of works
as per the approved programe of the contractor on monthly basis;
(xxi) to provide adequate Supervision of Contractor’s work carried out in more than one shift
thus matching the working hours to be the same as that of the contractor(s);
(xxii) to ensure timely completion of the project without diluting the quality standards
envisaged and be fully accountable to the employer in this regard;
(xxiii) Deleted
(xxiv) Provide assistance to the employer in respect of contract implementation, claims and
other matters;
(xxv) Advise and assist the employer with respect to arbitration, litigation if so required;
(xxvi) Review and ensure continuity of contractor’s services in approved formats
(xxvii) Prepare quarterly cash flow projects for the employee in a format acceptable to the
employer. Cash flow should identify budget estimates for all outstanding work.
(xxviii) Update cost estimate each year or at quarterly completion (25 percent, 50 percent, 75
percent and 100 percent) of the project whichever takes place early;
(xxix) Maintain records of all plan labour and material used in the construction of the works.
6.6.1 The other responsibilities of the Engineer will be to carry out all such duties which are essential for
effective implementation of the construction contract as mentioned in but not limited, the following:
(i) to prepare, in consultation with the Employer, a Construction Supervision Manual
outlining routines and procedures to be applied in contract management, construction
supervision and administration. The routines and procedures will be in accordance with
the requirements.

67
(ii) assist/advise Employer for advance actions required to be taken for handing over of site
and in achieving different milestones for completion of projects as per schedule
(iii) to verify the quantities of all items in the BOQ and suggest modifications to the same if
necessary as per the prevailing site conditions, for the approval of the employer
(iv) assist Employer in proper monitoring/progress of works and implementation of project
through computer aided project management technique and Management Information
System (MIS)
(v) to write a day by day project diary which shall record all events pertaining to the
admission of the Contract, request from and orders given to the Contractor, any other
information which may at a later date be of assistance in resolving queries which may
arise concerning execution of the works
(vi) prepare and issue monthly and quarterly progress reports along with detailed quality
control test statement in an approved format and also prepare detailed contract
completion report
(vii) to advise the Employer on all matters relating to execution of the works, claims from the
Contractor and to make recommendations thereon, including the possible recourse to
arbitration
(viii) to prepare detailed recommendations to the Employer for contract change orders and
addenda, as necessary, to ensure the best possible technical results are achieved with
the available funds
(ix) to assist the Employer in taking over from the Contractor of each section, in particular by
preparing lists of deficiencies which need to be corrected, and assisting with monitoring
of the performance of the works during the defects liability period
(x) prepare a maintenance manual, outline the routines to be adopted in each specific
reach and for the C.D. works and bridges
(xi) assist the Employer in providing clarifications/explanations to observations made, from
time to time, by the Auditor
(xii) impart on the job training to Employer’s personnel, if associated with the project
(xiii) assist the Employer in co-ordination works with different agencies and hold meetings for
proper and timely implementation of the project
(xiv) preparation of revised estimate etc., if required
(xv) modification in design and drawings (if required)
(xvi) to carry out any other duties relevant to the project agreed during the negotiations
(xvii) Consultant shall review the independent safety Audit and incorporate feasible minor
modifications in final drawings & BOQ.
(xviii) Review of design and good for construction drawings prepared by the DPR consultants
and preparation of evaluation report of the design work for submission to the employer.
(xix) Liaisoning with Railways and other associated departments for effective implementation
of work

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7. ACTION REQUIRING SPECIFIC APPROVAL OF THE EMPLOYER
7.1 The Engineer will be required to obtain the specific approval of the Employer in the matters as
specified in construction Contract Agreement
7.2 Consultation with the Employer, where required, shall be adequate and visible. In certain specified
responsibilities, listed below, the Engineer is obliged to obtain prior permission and specific approval
of the Employer before taking appropriate decisions.

(a) Issuing notice to commence the work;

(b) Consenting to subletting any part of the Works;
(c) Certifying additional cost on account of unforeseen physical obstructions and conditions;
(d) Determining any extension of Contract time;
(e) Ordering suspension of work;
(f) Fixing new rates or prices;
(g) Issuing order for Special Tests not provided in the Contract;
(h) Issuing changes or additional Specifications;
(i) Issuing a variation except if such variation would be within the limits as indicated below;

(i) Variation in individual BOQ Items: The ‘Engineer’ is authorized to issue variation order up to
25% of the value of individual item or 1% of contract value whichever is less.
(ii) New items (Non-BOQ items): Before issuing orders to execute new items of work (non BOQ
items), ‘Engineer’ shall obtain technical approval from Employer.
(iii) Subject to provision under (i) & (ii) above, the ‘Engineer’ is authorized to issue cumulative
variations up to a limit of 10% of the original contract value (less negative variations/savings).
The overall limit shall apply collectively on all BOQ items as well as non-BOQ items and shall
include all the variations issued till that point of time including those approved otherwise than
by the Engineer. The overall limit shall be exclusive of escalation.
(iv) Any variation beyond above limits (individual items and overall variations) shall be approved
by the Employer.

Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion of the Engineer
for reasons to be recorded in writing, an emergency occurs affecting the safety of life or of the works
or of adjoining property, he may, without relieving the Contractor of any of his duties and
responsibilities under the Contract, instruct the Contractor to execute all such work or to do all such
things as may, in the opinion of the Engineer, be necessary to abate or reduce the risk. The
Contractor shall forthwith comply, despite the absence of approval of the Employer, with any such
instruction of the Engineer. The Engineer shall determine an addition to the Contract Price, in
respect of such instruction, in accordance with conditions of the contract and shall notify the
Contractor accordingly, with a copy to the Employer.
8. INTERIM AND FINAL PAYMENTS
8.1 The Supervision Consultant will process interim and final payments to the Contractor. Interim
monthly payments shall be based on interim payment certificates processed by the Supervision
Consultants following claims filed by the Contractor. The Engineer/Engineer’s Representative will be
responsible for ensuring that all measurements are taken as per specifications and drawings for the
works and are recorded in presence of the representative of contractor and are countersigned by
him. All measurements (100%) will be taken by the Engineer’s Quantity Surveyors or any senior
Technical staff. In processing contractual payments, the Team Leader of the Supervision Consultant
will certify that they have checked at least 5% and 3% respectively of the measurements and quality

69
 control tests. The Team Leader shall intimate the details of these check tests to the Project Director
before undertaking them, so that the Project Director or his officers could associate, if they wish to do
so. The Team Leader or any of his concerned experts shall do the repeat tests or measurements, if
directed by the Project Director of the construction package, in the presence of Project director or
any of his representative. In case of any conflict the Team Leader may do the test recheck in the
presence of the Project Director limited to 2% of total measurement/quality control tests. In the event
of such conflict the Employer will release to the contractor 80% of the disputed amount as certified by
the Engineer and then instruct the Engineer to respond to the discrepancies within 14 days. Any
discrepancy found will be settled in the following interim payment certificates.
9. LIKELY ADDITIONAL SERVICE
9.1 The consultants may be required to carry out the following in the event of the contingencies arising
for them on the request of the employer as per terms negotiated then. No financial cost should be
provided against them in the present financial proposal. The events are:
(i) preparation of reports or additional contract documents for consideration of proposals for
carrying out additional work;
(ii) any other specialist services by the Engineer or by other specialists, pertaining to the works
contract supervised by the consultant as may be agreed upon
10. REPORTING REQUIREMENTS
10.1 The consultant will prepare and submit the following reports in hard and soft copies to the Employer
on the format prepared by the consultants and as approved by the Employer.
Particulars of the Report No. of Copies
Monthly Progress Reports 4
Quarterly Progress reports 4
Supervision Manual 4
Sectional Completion Reports 4
O & M Manual 4
Final Completion Report with CD/DVD including 4
video of entire stretch after completion covering
inventories

10.2 MONTHLY REPORTS

The Engineer will, no later than 10th of each month, prepare a brief progress report summarizing the
work accomplished by the supervision team for the preceding month. The report will outline any
problems encountered (administrative, technical or financial) and give recommendations on how
these problems may be overcome. Brief work progress summaries will be included for on going road
and bridge works, outlining problems encountered and recommending solutions. The report should
record the status of payment of contractors monthly certificates, of all claims for cost or time
extensions, and of action required of government and other agencies to permit unconstrained works
implementation.

10.3 QUARTERLY PROGRESS REPORTS

The Engineer will prepare a comprehensive report summarizing all activities under the services at
the end of each quarter, and also at other times when considered warranted by either the Engineer
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 or the Employer because of delay of the construction works or because of the occurrence of
technical or contractual difficulties. Such reports shall summarize (i) the activities of the Engineer (ii)
the progress of the Contracts (iii) all contract variations and change orders (iv) the status of
Contractor’s claims, if any; etc. and will include brief descriptions of the technical and contractual
problems being encountered, physical and financial progress on approved formats, financial status of
the contracts as a whole consisting the cost incurred, and cost forecast, as well as financial plan and
other relevant information for the ongoing contracts. The Construction Supervision Consultant shall
also prepare and submit the following reports (hard & soft copies) from time to time to the client.
S.No. Description Number Copies
1 Supervision Manual 1 4
2 O&M Manual 1 4

10.4 SECTIONAL AND FINAL COMPLETION REPORTS

The Engineer will prepare a comprehensive final Completion Report for each defined section of
the construction contract, after such sections reaches a stage of substantial completion during the
period of the services. These reports must be submitted immediately after the completion of the
work by the contractor and before taking over of such sections by the Employer. The report shall
incorporate summary of the method of construction, the construction supervision performed, as
built construction drawings problems encountered & solutions undertaken thereon and
recommendations for future projects of similar nature to be undertaken by the employer. The
engineer will then summarize and consolidate in a single report the key information from each
sectional completion reports to prepare the final Completion Report for the entire construction
package including video of entire stretch after completion covering inventories.

11. STAFFING
11.1 The staffing of the consultancy contracts as shown in the Table below has been fixed by NHAI for
bidding purposes and the Consultant will not be permitted to propose alternative arrangements. In
addition, the Consultants shall propose and submit with their proposal the administrative, secretarial
and other general office support staff required.
Sl. Name Man months proposed for Construction
No. Position period (18 months) and for Defect
Liability Period upto 36 months

Man-Months DLP Total

Period
Key Professional Staff :
1. Team Leader-cum-Sr. Highway 1X18 1X9 27
Engineer
2. Resident Cum Highway Engineer (2 2x18 1x36 72
nos.)

3. Bridge/Structural Engineer 1x18 1x9 27

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 4. Senior Quality Cum Material Expert 1x18 1x9 27

5 Senior Contract Specialist 1X6 1X6 12

Sub total 96 69 165
Sub-Key Professional Staff :

1. Quantity Surveyor 1x18 1x9 27

2. Assistant Highway Engineer 2x18 1x36 72
3. Assistant Bridge Engineer 1x18 0 18
4. Assistant Quality Cum Material 1x18 0 18
5. Engineer
HTMS/Toll Expert 0 0 0
6. CAD Expert 1x18 1x6 24
Sub Total 108 51 159
Support Staff Technical

1. Surveyor 1x18 1x9 30

2. Lab Technician 2x18 2x9 60
Sub Total 54 27 81
Total 258 147 396

11.2 Consultants are required to furnish CVs of the key professional staff. The broad qualification and
experience requirement of key professional staff are given in Annex – I. CVs of other staff are not
required to be submitted but only the number and man months of such staff need to be indicated in
the Technical Proposal. The cost in respect of the personnel is required to be provided in the
Financial Proposal.
11.3 The man-months of Engineer not to be included in the Financial Proposal. Engineer’s remuneration
will be deemed to be included in the element of contingencies.
11.4 The staffing schedule indicated to be above is for construction period and for processing final
payments of the contractor. In addition Supervision Consultants will need to provide the services of
any member/members of their team during defect liability period when NHAI requires for such
services. In such case NHAI will pay for these services at the relevant rates specified in the
financial proposal.
11.5 The staffing arrangements and levels assume that the engineers on the site supervision teams
undertake the review of the contracts for the construction packages for which they are responsible
as detailed in paragraph 6.3 above.
11.6 Amendments to the designs and the construction details, including redesign, shall be undertaken on
site by the Highway Engineer, Bridge Engineer and the CAD Operator with the assistance of other
site supervision staff as necessary.
11.7 The Consultant shall nominate its CEO or one of the Directors from the Board of Governors of the
Consulting Firm to act as Engineer for the construction supervision contract. The Engineer shall
have the ultimate responsibility for the satisfactory discharge of responsibilities under the supervision
contract and shall ensure that the Engineer’s Representative exercises all reasonable skill, care and
diligence and acts fairly under the terms of the construction contract(s). The Engineer shall visit the

72
 site(s) at every two months for a period of at least 2 weeks or every 1.5 months for a period of at
least one week to familiarize himself with the progress and events of the construction contract(s).

12. STAFFING SCHEDULE

12.1 The total implementation period will consist of (i)a construction period of 18 months for contract
package (ii) a Defect Liability Period/ O & M of 36 months. As per the arrangement proposed Team
Leader and all the proposed staff shall be deployed immediately. The Contract Specialist will assist
the Employer in management of civil contract, besides finalizing the details/formats/schedules to be
followed during the project implementation stage.
12.2 The site supervision team would be mobilized on the date of actual commencement of works by the
contractors. During the defect liability period, the Engineer along with other experts will be required
to continue on a part time basis as and when required.
12.3 The consultant may propose the various categories of technical and administrative support staff and
the corresponding man-months requirements. Man-months requirements for each category as
proposed by the consultant will be generally considered as ceiling for each category and the
deployment shall generally not exceed more than 10% for the category, except in exceptional
circumstances with prior approval of the client.
12.4 After award of the contract the Client expects all of the proposed key personnel to be available
during implementation of the contract as per the agreed staffing schedule. The client will not
consider substitutions during contract implementation except under exceptional circumstances. In
case of such replacements, the Consultant will ensure that there is a reasonable overlap of at least
one month between the staff to be replaced and replacement, at the cost of the consultant.
12.5 The client may ask for mobilization or demobilization of some key personnel with one-month prior
notice as per requirement and progress of civil work.
13. FACILITIES
13.1 The construction Contractor shall provide staff and maintain a laboratory for each construction
package including testing equipment, hard furnishing, water supply, electricity and cooling/heating
equipment, which shall be made available for use by the site Supervision Consultant. Maintenance
of the laboratory by the Construction contractor shall include the cost of the electricity, water and all
consumable for testing. The construction contractor will be responsible for carrying out test for site
control and quality of material and the Material Engineers of the Site Supervision Consultants shall
be required to monitor lab testing and to carry out check tests as necessary to verify compliance with
the construction contract.
13.2 The site Supervision consultant shall detail in his Technical Proposal the required provisions for
transport (vehicles and drivers), office space, office equipment and office stationery, which he
considers necessary to successfully carry out the services for implementation of the construction
packages for which he is responsible. The Consultant shall also include the price of those items in
his Financial Proposal.
13.3. Employer will provide to the consultants the copies of all the project reports including design and
drawings and relevant databases collected by the design/DPR consultants.
14. TRAINING
Deleted.

73
15. DEFICIENCIES OF SERVICES
Deficiencies in the services on part of supervision consultants may attract penal provisions in the
form of fines, upto a maximum amount of 5% of contract price and/or debarment etc. by the client
Sample deficiencies may includes
a. Not acting impartially or acting in collusion with contractor in award of variation, fixation of new
rates etc
b. Not keeping proper records regarding quality control, inspection, rejection/rectification of work
etc.
c. Failure to give proper and timely advice to client/contractor to enable correction during
execution
d. Delay in design and withholding approvals etc
e. Recommending extension to the contractor with a view to extending duration of supervision
services
f. Refusing to give reasons for decisions when called for by the client
g. Not being fully conversant with manuals, specifications, standards, NHAI’s/Ministry’s guidelines
and requirement of the project to be followed during construction
h. Certifying substandard work for payment
i. Not exercising required scrutiny/non approval of temporary stretch/works
j. Lack of proper coordination with contractors and Project Director/NHAI’ representative to
ensure smooth implementation of projects
k. Permitting subletting of any part/major works without authorization
16. PERFORMANCE SECURITY
Supervision Consultant shall be required to submit acceptable Bank Guarantee for an amount equal
to 5% of the accepted supervision consultancy cost towards Performance Security within 15 days. The
validity of the Bank Guarantee (s) shall cover entire duration of consultancy period plus 15 months including
12 months (Defect liability Period). The Bank Guarantee shall be submitted within 10 days on receipt of the
LOA. The Bank Guarantee (s) shall be released after satisfactory completion of the assignment.

The BG shall be in the format specified in Appendix-I of draft contract form and furnished from a
Nationalized Bank, IDBI or ICICI/ICICI Bank/Foreign Bank/ EXIM Bank/ Any Scheduled Commercial Bank
approved by RBI having a net worth of not less than Rs.1000 crore as per latest Annual Report of the Bank.
In case of a Foreign Bank (issued by a Branch in India) the net-worth in respect of Indian operations shall
only be taken into account. In case of Foreign Bank, the BG issued by Foreign Bank should be counter
guaranteed by any Nationalized Bank in India. In case of JV, the BG shall be furnished on behalf of the JV
and not individually by the members.

Further, in cases where the bid of the successful consulting firm is less than 85% of the average
of all bids received, the successful consulting firm shall have to submit an Additional Performance
Security (APS) in the form of a bank Guarantee for 30% of the differential value between the successful
bid and average of all bids received. The validity of the Bank Guarantee (s) shall cover entire duration of

74
consultancy period plus 15 months including 12 months (Defect liability Period). The other requirements
of APS are same as those of Performance Security.

16.1 The issuance of BG (Bid Security/Performance Security) shall be intimated by bankers of

bidder through SFMS gateway to the following bank account of the NHAI, details is as below:
Beneficiary – National Highways Authority of India.
Bank – Canara Bank
Account No. – 8598201005819
IFSC Code – CNRB0008598

17. CONSULTANTS PROPOSAL SUBMISSION

17.1 The TOR is prepared to address supervision consultancy package in a general way. The
consultants are advised to understand fully the specific requirements of the supervision
consultancy work. The consultants are also advised to inspect the concerned project stretch and
acquaint themselves with the ground realities.
17.2 The consultant submission should be focused to the project requirements as per the TOR details.
The methodology to be submitted should address to the project stretch requirements. All specific
issues for which references have been made in the various paras of this TOR should be addressed
effectively. General nature descriptions should be avoided.

75
 Annexure-I
BROAD QUALIFICATION REQUIREMENTS OF KEY PROFESSIONAL STAFF

Broad qualifications and experience of the key personnel and sub-professionals given below are clients'
perception in respect of the specific requirement of the project. Consultants are advised to prepare the CVs of
their proposed key personnel specifically highlighting the qualification and experience in the related area of
expertise as per requirements. The CVs should also highlight higher education, training and publication of
technical papers etc., by the key personnel in the related field as well as their experience in providing training in
the related fields. The CVs of the proposed personnel should reflect size of the project handled in terms of length
/ costs, duration for which services were provided, source of funding for the project, type of contract document
used etc. Broadly speaking, qualification and experience higher than the minimum requirement will be given
higher weightage. Similarly, the personnel's experience in services related to construction supervision will be
given more weightage.

1. Engineer: The Engineer shall be CEO or one of the Directors of the Consulting firm with at least 30
years‟ experience on International/National Civil Works projects including at least 10 years in a senior
position on Highway Projects. He / She shall be a qualified Engineer, Member of a recognized
Professional Society and a graduate Civil Engineer. He / She shall be totally familiar with FIDIC
Conditions of Contract and should be able to communicate fluently in the English language.

2. Team Leader Cum Senior Highway Engineer

Duties: The Team Leader will reside at project site on a full time basis throughout the period of the
construction supervision services. He will be overall in-charge of the project supervision and coordinate
with all other experts of construction project. He shall act as an 'Engineer's Representative' acting on
behalf of the consulting firm appointed by the Employer as already defined before. He shall be directly
responsible for regulating the construction process i.e. bridge/culvert works, RE wall approaches,
various activities like earthwork, sub-base/base courses, bituminous/concrete pavement proposed for
being carried out under stipulated specifications/manuals etc. For this purpose, he shall be assisted by
Key Personnel and other support engineers/personnel. He shall deal directly with the key personnel and
other support staff to ensure that the construction process is well controlled as per established
specification controls to avoid later quality control stage problems. He will interact with the Project
Directors and the Employer.

Qualifications and Experience: He will be at least a Civil Engineering Graduate and preferably with
Post Graduate qualification in Construction Management/Bridge Engineering/Highway/Traffic and
Transportation Engineering. He should be well versed in managing the Highway contracts of the size
comparable to the proposed projects. The personnel should have about 15 years of professional
experience of handling highway contracts, out of which he should have worked as Team Leader /
Resident Engineer / Project Manager / Superintending Engineer for minimum 10 years on
supervision/construction of highway / bridge projects, preferably involving flexible pavements and use of
modern construction techniques.

It is desirable that his experience should also include international assignments of at least 2 years
having handled highway contracts of similar or large size and complexity. Consultants are required to
elaborate international experience by indicating the country, project that they consider as similar
experience. This is a senior managerial position. The candidate should also have a proven record of
managerial capability in directing / managing of major civil engineering works including two similar
projects of 4/6 lane* of length equal to 33.00 km comprising of flexible pavement/ Rigid Pavement
construction. He should be able to communicate in English. He should not be more than 65 years of age.
76
3. Resident Cum Highway Engineer

Duties: He shall be the in-charge of the construction project stretch and shall coordinate with all other
experts of the construction projects and shall report to the Team Leader and Officers of PIU as per the
delegation established. He shall be directly responsible for regulating the construction process i.e.
various activities like earthwork, sub-base / base courses, bituminous pavement, bridge / culvert works
proposed for being carried out under stipulated specifications / manuals etc. For this purpose, he shall
be assisted by Highway Engineer and other support engineers / personnel. He shall deal directly with
the Highway Engineer and other support staff attached with the Highway Engineer to ensure that the
construction process is well controlled as per established specification controls to avoid later quality
control stage problems. In respect of other experts like Material Engineer, Quantity Surveyor, etc. he
shall be coordinating and regulating their activities to ensure smooth functioning of the construction
package concerned.

Qualifications and Experience: He will be a Civil Engineering Graduate preferably with Post-Graduate
qualification in Construction Management /Highway Engineering, with about 10 years of professional
engineering experience, out of which at least 8 years experience as a Resident Engineer / Assistant-
Resident Engineer / Project Director / Project Manager / Superintending Engineer / Executive Engineer
on similar construction works to complete minimum two highway projects of 4/6 lane* of length equal to
33.00 km. each. Experience of handling World Bank / ADB / NHAI funded highway projects will be quite
desirable. He should have adequate experience in large quantity of earthwork. He will be required to be
fielded throughout the currency of the project. The candidate is expected to be thoroughly familiar with
various standards / specifications, contract procedures, design and quality control etc. and should have
experience for minimum 2 years with the administration of FIDIC Contract on at least one contract
preferably with international experience. He should not be more than 65 years.

4. Bridge / Structural Engineer

Duties: His duties will involve understanding the design provisions of both bridges and culverts and
other structures, guiding and checking of reinforcement/cable laying operations, rectifying any apparent
mistakes in respect of them, checking and controlling the proper mix designs, checking the adequacy of
proper form-work, laying/compacting of concrete including curing operations. For this purpose, he will
work in close coordination with the Material Engineer and the Contractor's Expert to effectively control
the quality of execution. He will be responsible for minor modifications in design of bridges/culverts,
wherever required during execution. He should have working knowledge of latest software used in
design of bridges like STADD.

Qualification and Experience: The candidate will be at least a Civil Engineering Graduate and
preferably with Post Graduate qualification in the field of Structural Engineering. He will have relevant
professional experience of about 15 years. Out of his total experience, he should have worked for at
least 10 years on bridge construction projects. The candidate must be familiar with modern methods of
construction of bridges, design standards, technical specifications and statistical Quality
Control/Assurance procedures for construction of different component of bridges. He should have
experience in construction of deep foundation viz. well and desirably pile foundations. He should have
experience in the Construction /Construction Supervision of at least two major highway bridges of length
more than 200m as Bridge Engineer/Structural Engineer or in similar capacity. His experience as bridge
engineer on a construction project in developing countries will be an added qualification. He should not
be more than 65 years of age.

77
5. Senior Quality Cum Material Expert

Duties: He will be responsible for supervising all the tests to be done in different stages of construction,
besides ensuring that specified tests are done as per codal stipulations and as per the specifications laid
down in the contract for all the different stages of construction. He will be coordinating and controlling
the support personnel placed with him and will report to the Team Leader/Employer's representative as
and when required. He will be deployed throughout the contract duration.

Qualifications and Experience: The candidate will be at least a Civil Engineering Graduate and
preferably with Post Graduate qualification in Geo-technical / Highway Engineering. He should have
about 10 years of relevant professional experience out of which he should have worked for at least 5
years as Material Engineer/ Geo-technical Engineer on road/bridge construction projects/Construction
Supervision projects or on related works of similar projects. He should have handled at least 2 similar
highway /Bridge projects of 4/6-lane costing not less than Rs.100 crores as Material Engineer/ Geo-
technical Engineer. The candidate must be familiar with material properties of road & bridge construction
materials, technical specifications and procedures of material tests and testing equipment. He should
have experience as Material Engineer. He should not be more than 65 years of age.

6. Senior Contract Specialist

Duties: He will be deployed in working season in stages for cumulative duration of period
mentioned in Enclosure-A for obtaining his expert opinion on emerging contractual issues. His key
responsibilities will be to guide and assist Team Leader/Employer in all aspects of contract
management in proper implementation of contract provisions including controlling the project cost of
the construction package. He will also be required to offer his advice on contractual complications
arising during the implementation as per the request of the employer. He will be required to
prepare manuals/schedules for the consultants team/employer based on the provisions of the
contract document. He will be responsible for giving appropriate suggestions in handling claims of
the contractors and any dispute arising thereof.
(1) Essential Qualifications.
(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 15 years in Contract Management.
(c) Experience of at least 4 years as Contract Specialist on any National/State Highway project.
(d) Contract Management of a large Highway contract say over Rs.150 crore including experience of
handling Variation orders, claims of the contractor and there appropriate disposal.
(e) Handled Arbitration cases in respect of any Highway project.
(e) Not more than 65 years of age.
(2) Preferential Qualifications.
(a) Degree in Law/PG in management/certificate course in management/ certificate course in
construction management/certificate course in contract management.

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 Annexure-II

BROAD QUALIFICATION REQUIREMENTS OF SUB-KEY PROFESSIONALS

1. CAD Expert

Duties: He shall be assisting the Team Leader. He is proposed to be deployed during the construction
period as well as in defect liability period for some duration to assist the Team Leader in discharging all
his day-to-day functions. His main responsibilities include modification in highway designs and drawings
pertaining to horizontal/vertical alignment etc. as required during the execution of works, besides
discharging any other work assigned to him by the Team Leader. Such modifications will be required to
be done on Highway Design Software MOSS.

Qualification and Experience: He should be a Civil Engineering graduate with about 8 years
experience. He should be fully conversant with highway / bridge design using CADD, etc. His
demonstrated proficiency in use of computer will be an added qualification. He must have handled
Highway design using 'INROAD' or equivalent, atleast in one large highway project preferably of World
Bank / ADB/NHAI assistance. He should not be more than 60 years of age.

2. Quantity Surveyor

Duties: He will be reporting to the Team Leader in day to day working. His responsibilities will be in the
areas of quantity surveying / processing of the invoices etc. He will be responsible for reporting all
measures required to control the project cost and time over-runs. He will examine the claims of the
contractor, variation orders, if any, and will prepare the progress reports as per the project requirements.
For the purpose, he will be required to get the levels and quantity measurements checked in all items of
works executed in different stages for calculations required for payment purpose. He will be required
throughout the currency of the project.

Qualification and experience: The candidate should be a Graduate in Civil Engineering with relevant
experience in the field of estimating, preparation and processing of the invoices, analysing rates,
checking survey details etc. of the projects. He should have about 15 years of relevant professional
experience involving resource planning and scheduling, quantity survey, cost control, contract
management etc. Diploma holders with longer relevant experience of about 20 years could also be
considered. He must have worked as Quantity Surveyor for at least 4 years in any National/State
Highway Projects/Department preferably dealing with projects financed under World Bank, ADB, NHAI
etc. He should not be more than 60 years of age.

3. ASSISTANT HIGHWAY ENGINEER

The Candidate should be Graduate in Civil Engineering.

4. ASSISTANT BRIDGE ENGINEER

The Candidate should be Graduate in Civil Engineering with 3 years experience. He should have handled at least 1
major bridge project.

5. ASSISTANT QUALITY CUM MATERIAL ENGINEER

The Candidate should be Graduate in Civil Engineering or diploma in Civil Engineering with 3 years experience.

79
6. HTMS/TOLLING SYSTEM EXPERT
The candidate should be a senior Systems Engineer having experience of at least 15 Years. He should be an expert in
preparation of standards for projects of toll collection and HTMS. He should have bachelors degree in Civil
Engineering/Electronics/Computer Science/other relevant areas. He should have experience of international latest
practices in the field of HTMS and tolling. He should have work experience on at least 2 similar projects in similar
capacity.

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 Annexure-III

BROAD QUALIFICATION REQUIREMENTS OF SUPPORT STAFF TECHNICAL

As per this Annex details are provided below to give the general understanding of the Client's expectations in
respect of field engineers/supervisors to be deployed. These personnel will be young engineers who play an
important role in the construction process and accordingly it is proposed to broadly evaluate them while
evaluating the consultants' technical capabilities. This is to ensure that deployments of these important
engineers are not ignored by default. The team to be deployed should be qualified Civil Engineering graduates
with relevant experience/qualifications, besides including some more experienced diploma holders. The total
team should be deployed with an in-built flexibility to ensure that they change their roles for different areas of
field activities to suit the varying demand of these personnel at different stages of construction. The experience
of these engineers in World Bank/ADB/ NHAI funded projects both in design/supervision will be desirable. A
judicious mix (50:50) of some experience with freshers is also desirable to promote the growth the engineering
expertise. The areas in which these engineers are likely to be deployed in assisting the key experts as per chart
given before should be considered suitably. Maximum age limit for field engineers/Surveyors/Supervisors is 55
years. The areas of responsibilities of their deployment are as below:

1. Surveyors
The candidate should be at least Diploma in Civil Engineering or should have completed professional
course in Survey Engineering. He should have minimum 5 years of professional experience out of which
he must have worked for at least 2 years as Surveyors. The candidate should have been involved in
atleast one project of 2/4-laning on National/State highway having minimum length of 10 Km dealing
with modern survey methods like auto levels/Total Stations.

2. Lab Technicians
They should be at least Diploma-holders with about 5 years of experience in handling the quality control
tests laboratories for road/bridge works or Graduates in Science with about 2 years of relevant
experience in the field of testing of road/bridge projects. Higher weightage will be given for experience
with World Bank/ADB/ NHAI projects on NH/State Highways.

81
 SECTION 7

DRAFT FORM OF CONTRACT

82
 CONTRACT FOR CONSULTANT’S SERVICES

Between

_________________________________________

(Name of Client)

and

___________________________

(Name of Consultant)

Dated:

83
 CONTENTS
Page No.

FORM OF CONTRACT ……………………………………..

II GENERAL CONDITIONS OF CONTRACT ……………….

1. General Provisions ……………………………………….

1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in charge
1.9 Authorized Representatives
1.10 Taxes and Duties

2. Commencement, Completion, Modification, and Termination

of Contract…………………………………………………..

2.1 Effectiveness of Contract ………………………………….

2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure

2.7.1 Definition …………………………………………..

2.7.2 No Breach of Contract ……………………………..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation

2.8 Suspension …………………………………………………

2.9 Termination ………………………………………..

2.9.1 By the Client ………………………………

2.9.2 By the Consultants ………………………..
2.9.3 Cessation of Rights and Obligations ………
2.9.4 Cessation of Services ………………………
2.9.5 Payment upon Termination ………………..
2.9.6 Disputes about Events of Termination …….

3. Obligations of the Consultants ……………………

84
 3.1 General
3.1.1 Standard of Performance …………..
3.1.2.1 Law Governing Services …………..

3.2 Conflict of Interests ……………………….

3.2.1 Consultants not to Benefit from

Commissions, Discounts, etc. ……..
3.2.2 Procurement Rules of Funding Agencies
3.2.3 Consultants and Affiliates Not to
Engage in certain Activities …………..
3.2.4 Prohibition of Conflicting Activities …

3.3 Confidentiality ………………………………..

3.4 Liability of the Consultants …………………..
3.5 Insurance to be Taken out by the Consultants …
3.6 Accounting, Inspection and Auditing ………….
3.7 Consultant’s Actions requiring Client’s prior Approval
3.8 Reporting Obligations …………………………..
3.9 Documents prepared by the Consultants ……….
To Be the Property of the Client ………………..
3.10 Equipment and Materials Furnished by the Client

4. Consultants’ Personnel and Sub-consultants ……………………..

4.1 General …………………………………………………

4.2 Description of Personnel …………………………
4.3 Approval of Personnel ……………………………
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and /or Replacement of Personnel ……………
4.6 Resident Project Manager ………………………….

5. Obligations of the Client ………………………………….

5.1 Assistance and Exemptions …………….

5.2 Access to Land ………………………….
5.3 Change in the Applicable Law ………….
5.4 Services, Facilities and Property of the Client
5.5 Payment …………………………………
5.6 Counterpart Personnel ………………….

6. Payments to the Consultants ……………………………..

6.1 Cost Estimates, Ceiling Amount ……………….

6.2 Remuneration and Reimbursable Expenditures…
6.3 Currency of Payment …………………………..
6.4 Mode of Billing and Payment ………………….

7. Fairness and Good Faith …………………………………………

85
7.1 Good Faith …………………………………….
7.2 Operation of the Contract ……………………..

8.
8.1 Amicable Settlement …………………………..
8.2 Dispute Settlement …………………………….

III SPECIAL CONDITIONS OF CONTRACT ……………………

IV Appendices………………………………………………………
V Annexures..……………………………………………………..

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IV APPENDICES Page No.

Appendix A : Description of the Services ……………..

Appendix B : Reporting Requirements …………………

Appendix C : Key Personnel and Sub-consultants …………

Appendix D : Medical Certificate ……………………….
Appendix E : Hours of Work for Key Personnel ……….
Appendix F : Duties of the Client ………………………

Appendix G : Cost Estimates in Foreign Currency ……..

Appendix H : Cost Estimates in Local Currency ………..

Appendix I : Form of Performance Bank Guarantee

Appendix J : Form of Bank Guarantee for Advance Payments

Appendix K : Integrity Pacts.

87
 1. FORM OF CONTRACT

COMPLEX TIME BASED ASSIGNMENTS

This CONTRACT (hereinafter called the “Contract”) is made the _____day of the
____________________________________________________________Month of _________,
2018 ____, between, on the one hand _______________(hereinafter Called the “Client) and, on the
other hand, ______________(hereinafter called the “Consultants”).

[Note* : If the Consultants consist of more than one entity, the above should be partially amended to
read as follows:
“…(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of the following
entities, each of which will be jointly severally liable to the Client for all the Consultants’ obligations
under this Contract, namely, _____________________and
________________________(hereinafter called Consultants”)]

WHEREAS
the Client has requested the Consultants to provide certain consulting services as defined in the
General Conditions of Contract attached to this Contract (hereinafter called the “Services”);

the Consultants, having represented to the Client that they have the required processional skills,
and personnel and technical resources, have agreed to provide the Services on the terms and
conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:

(a) The General Conditions of Contract (hereinafter called “GCC”)’

(b) The Special Conditions of Contract (hereinafter called “SCC”);
(c) The following Appendices :

[Note: If any of these Appendices are not used, the words “Not Used” should be inserted below next
to the title of the Appendix on the sheet attached hereto carrying the title of that Appendix].

88
 Appendix A: Description of the Services _________
Appendix B: Reporting Requirements _________
Appendix C: Key Personnel and Sub-consultants _________
Appendix D: Medical Certificate _________
Appendix E: Hours of Work for key Personnel _________
Appendix F: Duties of the Client _________
Appendix G: Cost Estimates in Foreign Currency _________
Appendix H: Cost Estimates in Local Currency _________
Appendix I: Form of Guarantee for Performance security _________
Appendix J: Form of Guarantee for Advance Payments _________
Appendix K: Integrity Pacts

2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract; in particular

(a) The Consultants shall carry out the Services in accordance with the Provisions of the
Contract; and
(b) The Client shall make payments to the Consultants in accordance with the Provisions of the
Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above
written.________________________________________________________________
FOR AND ON BEHALF OF
[NAME OF THE CLIENT]
By
(Authorized Representative)
________________________________________________________________________
FOR AND ON BEHALF OF
[NAME OF THE CONSULTANTS]

By
(Authorized Representative)

[Note: If the Consultants consist of more than one entity, all of these entities should appear as
signatures, e.g. in the following manner]

______________________________________
FOR AND ON BEHALF OF EACH OF
THE MEMBERS OF THE CONSULTANTS

[Name of the Member]

89
By
(Authorized Representative)

[Name of the Member]

By
(Authorized Representative)

etc.

90
 II. GENERAL CONDITIONS OF CONTRACT

1. General Provisions

Unless the context otherwise requires, the following terms whenever used in this Contract have the
following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in the
Government’s country [or in such other country as may be specified in the Special
Conditions of Contract (SCC)], as they may be issued and in force from time to time.
(b) “Contract means the Contract signed by the Parties, to which these General Conditions of
Contract are attached, together with all the documents listed in Clause 1 of such signed
Contract;
(c) “Effective Date’ means the date on which this Contract comes into force and effect pursuant
to Clause GCC 2.1;
(d) ‘foreign currency’ means any currency other than the currency of the Government;
(e) ‘GCC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country;
(g) ‘Local currency’ means the Indian Rupees;
(h) “Member”, in case the Consultants consist of a joint venture of more than one entity, means
any of these entities, and “Members” means all of these entities;
(i) “Party’ means the Client or the Consultants, as the case may be, and Parties means both of
them;
(j) “Personnel” means persons hired by the Consultants or by any Sub-Consultant as
Employees and assigned to the performance of the Services or any part thereof; “Foreign
Personnel” means such persons who at the time of being so hired had their domicile outside
the Government’s Country, “Local Personnel” means such persons who at the time of being
so hired had their domicile inside the Government’s Country; and ‘key personnel’ means the
personnel referred to in Clause GCC 4.2 (a).
(k) "SCC" means the Special Conditions of Contract by which these General Conditions of
Contract may be amended or supplemented;

(l) "Services" means the work to be performed by the Contract, as described in Appendix A
hereto;

(m) "Sub-consultant" means any entity to which the Consultants subcontract any part of the
Services in accordance with the provisions of Clause GCC 3.7; and

(n) "Third Party" means any person or entity other than the Government, the Client, the
Consultants or a Sub-consultant.

1.2 Relation between the Parties

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 Nothing contained herein shall be construed as establishing a relation of master and servant or of
principal and agent as between the Client and the Consultants. The Consultants, subject to this
Contract, have complete charge of Personnel and Sub- consultants, if any, performing the Services
and shall be fully responsible for the Services performed by them or on their behalf hereunder.

1.3 Law Governing Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be governed
by the Applicable Law.

1.4 Language

This Contract has been executed in the language specified in the SCC, which shall be the binding
and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.5 Headings

The headings shall not limit, alter or affect the meaning of this Contract.

Notices

1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract
shall be in writing. Any such notice, request or consent shall be deemed to have been given or made
when delivered in person to an authorized representative of the Party to whom the communication is
addressed, or when sent by registered mail, telex, telegram or facsimile to such Party at the address
specified in the SCC.

1.6.2 Notice will be deemed to be effective as specified in the SCC.

1.6.3 A Party may change its address for notice hereunder by giving the other Party notice of such change
pursuant to the provisions listed in the SCC with respect to Clause GCC 1.6.2.

1.7 Location

The Services shall be performed at such locations as are specified in Appendix A hereto and, where
the location of a particular task is not so specified, at such locations. Whether in Government's
Country or elsewhere, as the Client may approve.

1.8 Authority of Member in Charge

In case the Consultants consist of a joint venture of more than one entity, the Members hereby
authorize the entity specified in the SCC to act on their behalf in exercising all the Consultants' rights
and obligations towards the Client under this Contract, including without limitation the receiving of
instructions and payments from the Client.

1.9 Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to be
executed, under this Contract by the Client or the Consultants may be taken or executed by the
officials specified in the SCC.
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1.10 Taxes and Duties

Unless otherwise specified in the SCC, the Consultants, Sub-consultants and Personnel shall pay
such taxes, duties, fees and other impositions as may be levied under the Applicable Law.

2. Commencement, Completion, Modification and Termination of Contract

2.1 Effectiveness of Contract

This Contract shall come into force and effect on the date (the "Effective Date") of the Client's notice
to the Consultants instructing the Consultants to begin carrying out the Services. This notice shall
confirm that the effectiveness conditions, if any, listed in the SCC have been met.

2.2 Termination of Contract for Failure to Become Effective

If this Contract has not become effective within such time period after the date of the Contract
signed by the Parties as shall be specified in the SCC, either Party may, by not less than four (4)
weeks' written notice to the other Party, declare this Contract to be null and void, and in the event of
such a declaration by either Party, neither Party shall have any claim against the other Party with
respect hereto.

2.3 Commencement of Services

The Consultants shall begin carrying out the Services within such time period after the Effective
Date as shall be specified in the SCC.

2.4 Expiration of Contract

Unless terminated earlier pursuant to Clause GCC 2.9 hereof, this Contract shall expire when
services have been completed and all payments have been made at the end of such time period
after the Effective Date as shall be specified in the SCC.

2.5 Entire Agreement

This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or
representative of either Party has authority to make, and the Parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein.

2.6 Modification

Modification of the terms and conditions of this Contract, including any modification of the scope of
the Services, may only be made by written agreement between the Parties and shall not be
effective until the consent of the Bank or of the Association, as the case may be, has been
obtained. Pursuant to Clause GCC 7.2 hereof, however, each Party shall give due consideration to
any proposals for modification made by the other Party.

2.7 Force Majeure

2.7.1. Definition
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 (a) For the purposes of this Contract, "Force Majeure" means an event which is beyond the
reasonable control of a Party, and which makes a Party's performance of its obligations
hereunder impossible or so impractical as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts or other industrial action are within the
power of the Party invoking Force Majeure to prevent), confiscation or any other action by
government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a party or such Party's Sub-consultants or agents or employees, nor (ii)
any event which a diligent Party could reasonably have been expected to both (A) take into
account at the .time of the conclusion of this Contract and (B) avoid or overcome in the
carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach
of, or default under, this Contract insofar as such inability arises from an event of Force Majeure,
provided that the Party affected by such an event has taken all reasonable precautions, due care"
and reasonable alternative measures, all with the objective of carrying out the terms and conditions
of this Contract.

2.7.3 Measures to be Taken

(a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove
such Party's inability to fulfill its obligations hereunder with a minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, and in any event not later than fourteen (14) days following the occurrence
of such event, providing evidence of the nature and cause of such event, and shall similarly
give notice of the restoration of normal conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimize the consequences of any event of
Force Majeure.

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall
be extended for a period equal to the time during which such Party was unable to perform such
action as a result of Force Majeure.

2.7.5 Payments

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 During the period of their inability to perform the Services as a result of an event of Force Majeure,
the Consultants shall be entitled to be reimbursed for additional costs reasonably and necessarily
incurred by them during such period for the purposes of the Services and in reactivating the
Services after the end of such period.

2.7.6 Consultation

Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have
become unable to perform a material portion of the Services, the Parties shall consult with each
other with a view to agreeing on appropriate measures to be taken in the circumstances.

2.8. Suspension

The Client may, by written notice of suspension to the Consultants, suspend all payments to the
Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract,
including the carrying out of the Services, provided that such notice of suspension (i) shall specify
the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period
not exceeding thirty (30) days after receipt by the Consultants of such notice of suspension.

2.9 Termination

2.9.1 By the Client

The Client may, by not less than thirty (30) days' written notice of termination to the Consultants
(except in the event listed in paragraph (f) below, for which there shall be a written notice of not less
than sixty (60) days), such notice to be given after the occurrence of any of the events specified in
paragraphs (a) through (g) of this Clause GCC 2.9.1, terminate this Contract.

(a) if the Consultants fail to remedy a failure in the performance of their obligations hereunder,
as specified in a notice of suspension pursuant to Clause GCC 2.8 hereinabove, within
thirty (30) days of receipt of such notice of suspension or within such further period as the
Client may have subsequently approved in writing;

(b) if the Consultants become (or, if the Consultants consist of more than one entity, if any of
their Members becomes) insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for the benefit of debtors or go into
liquidation or receivership whether compulsory or voluntary;

(c) if the Consultants fail to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause GCC 8 hereof;

(d) if the Consultants submit to the Client a statement which has a material effect on the rights,
obligations or interests of the Client and which the Consultants know to be false;

(e) if, as the result of Force Majeure, the Consultants are unable to perform a material portion
of the Services for a period of not less than sixty (60) days; or

(f) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract.

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 (g) if the consultant, in the judgment of the Client has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract. For the purpose of this clause:

"corrupt practice" means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the selection process or in contract execution.

"fraudulent practice" means a misrepresentation of facts in order to influence a selection

process or the execution of a contract to the detriment of the Borrower, and includes
collusive practice among consultants (prior to or after submission of proposals) designed to
establish prices at artificial non-competitive levels and to deprive the Borrower of the
benefits of free and open competition.

2.9.2 By the Consultants

The Consultants may, by not less than thirty (30) days' written notice to the Client, such notice to be
given after the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause
GCC 2.9.2, terminate this Contract:

(a) if the Client fails to pay any money due to the Consultants pursuant to this Contract and
not subject to dispute pursuant to Clause 8 hereof within forty-five (45) days after receiving
written notice from the Consultants that such payment is overdue;

(b) if the Client is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty-five (45) days (or such longer period as the Consultants
may have subsequently approved in writing) following the receipt by the Client of the
Consultants' notice specifying such breach;

(c) if, as the result of Force Majeure, the Consultants are unable to perform a material portion
of the Services for a period of not less than sixty (60) days; or

(d) if the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause GCC 8 hereof.

2.9.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses GCC 2.2 or GCC 2.9 hereof, or upon
expiration of this Contract pursuant to Clause GCC 2.4 hereof, all rights and obligations of the
Parties hereunder shall cease, except:

(i) such rights and obligations as may have accrued on the date of termination or expiration;

(ii) the obligation of confidentiality set forth in Clause GCC 3.3 hereof;

(iii) the Consultants' obligation to permit inspection, copying and auditing of their accounts and
records set forth in Clause GCC 3.6 (ii) hereof; and

(iv) any right which a Party may have under the Applicable Law

2.9.4 Cessation of Services

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 Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GCC
2.9.1 or GCC 2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner
and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared by the Consultants and equipment and materials furnished by the
Client, the Consultants shall proceed as provided, respectively, by Clauses GCC 3.9 or GCC 3.10
hereof.

2.9.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses GCC 2.9.1 or GCC 2.9.2 hereof, the Client
shall make the following payments to the Consultants (after offsetting against these payments any
amount that may be due from the Consultant to the Client}:

(a) remuneration pursuant to Clause GCC 6 hereof for Services satisfactorily performed prior to
the effective date of termination;

(b) reimbursable expenditures pursuant to Clause GCC 6 hereof for expenditures actually
incurred prior to the effective date of termination; and

(c) except in the case of termination pursuant to paragraphs (a) through (d) of Clause GCC
2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly
termination of the Contract including the cost of the return travel of the Consultants'
personnel and their eligible dependents.

2.9.6. Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GCC
2.9.1 or in Clause GCC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after
receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to
Clause GCC 8 hereof, and this Contract shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.

Obligation of the Consultants

3.1 General

3.1.1. Standard of Performance

The Consultants shall perform the Services and carry out their obligations hereunder with all due
diligence, efficiency and economy, in accordance with generally accepted professional techniques
and practices, and shall observe sound management practices, and employ appropriate advanced
technology and safe and effective equipment, machinery, materials and methods" The Consultants
shall always" act, in respect of any matter relating to this Contract or to the Services, as faithful
advisers to the Client, and shall at all times support and safeguard the Client's legitimate interests in
any dealings with Sub-consultants or Third Parties.

3.1.2 Law Governing Services

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 The Consultants shall perform the Services in accordance with the Applicable Law and shall take all
practicable steps to ensure that any Sub- consultants, as well as the Personnel of the Consultants
and any Sub- consultants, comply with the Applicable Law. The Client shall advise the Consultants
in writing of relevant local customs and the Consultants shall, after such notifications, respect such
customs.

3.2 Conflict of Interests

3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.

The Remuneration of the Consultants pursuant to Clause GCC 6 hereof shall constitute the
Consultants' sole remuneration in connection with this Contract or the Services and, subject to
Clause GCC 3.2.2 hereof, the Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities pursuant to this Contract or to
the Services or in the discharge of their obligations hereunder, and the Consultants shall use their
best efforts to ensure that any Sub- consultants, as well as the Personnel and agents of either of
them, similarly shall not receive any such additional remuneration.

3.2.2 If the Consultants, as part of the Services, have the responsibility of advising the Client on the
procurement of goods, works or services, the Consultants shall comply with any applicable
procurement guidelines of the Bank or of the Association, as the case may be, and other funding
agencies and shall at all times exercise such responsibility in the best interest of the Client. Any
discounts or commissions obtained by the Consultants in the exercise of such procurement
responsibility shall be for the account of the Client.

3.2.3 Consultants and Affiliates Not to engage in Certain Activities

The Consultants agree that, during the term of this Contract arid after its termination, the
Consultants and any entity affiliated with the Consultants, as well as any Sub-consultant and any
entity affiliated with such Sub- consultant, shall be disqualified from providing goods, works or
services (other than the Services and any continuation thereof) for any project resulting from or
closely related to the Services. .

3.2.4 Prohibition of Conflicting Activities

The Consultants shall not engage, and shall cause their Personnel as well as their Sub-consultants
and their Personnel not to engage, either directly or indirectly, in any of the following activities:

(a) during the term of this Contract, any business or professional activities in the Government's
country which would conflict with the activities assigned to them under this Contract; and

(b) after the termination of this Contract, such other activities as may be specified in the SCC.

3.3 Confidentiality

The Consultants, their Sub-consultants and the Personnel of either of them shall not, either during
the term or within two (2) years after the expiration of this Contract, disclose any proprietary or
confidential information relating to the Project, the Services, this Contract or the Client's business or
operations without the prior written consent of the Client.

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3.4 Liability of the Consultants

Subject to additional provisions, if any, set forth in the SCC, the Consultants’ liability under this
Contract shall be as provided by the Applicable Law.

3.5 Insurance to be Taken Out by the Consultants

The Consultants (i) shall take out and maintain, and shall cause any Sub-consultants to take out and
maintain, at their (or the Sub-consultants', as the case may be) own cost but on terms and conditions
approved by the Client, insurance against the risks, and for the coverages, as shall be specified in
the SCC, and (ii) at the Client's request, shall provide evidence to the Client showing that such
insurance has been taken out and maintained and that the current premiums therefore have been
paid.

3.6 Accounting, Inspection and Auditing

The Consultants (i) shall keep accurate and systematic accounts and records in respect of the
Services, hereunder, in accordance with internationally accepted accounting principles and in such
form and detail as will clearly identify all relevant time charges and cost, and the bases thereof
(including such bases as may be specifically referred to in the SCC); (ii) shall permit the Client or its
designated representative periodically, and up to one year from the expiration or termination of this
Contract, to inspect the same and make copies thereof as well as to have them audited by auditors
appointed by the Client; and (iii) shall permit the client to inspect the Consultant's accounts and
records relating to the performance of the Consultant and to have them audited by auditors
appointed by the client.

3.7 Consultants' Actions Requiring Client's Prior Approval

The Consultants shall obtain the Client's prior approval in writing before taking any of the following
actions:

(a) appointing such members of the Personnel as are listed in Appendix C ("Consultants' Sub-
consultants' Key Personnel") merely by title but not by name;

(b) entering into a subcontract for the performance of any part of the Services, it being
understood (i) that the selection of the Sub-consultant and the terms and conditions of the
subcontract shall have been approved in writing by the Client prior to the execution of the
subcontract, and (ii) that the Consultants shall remain fully liable for the performance of the
Services by the Sub- consultant and its Personnel pursuant to this Contract; and

(c) any other action that may be specified in the SCC

3.8 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified in Appendix B
hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.

3.9 Documents Prepared by the Consultants to Be the Property of the Client

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 All plans, drawings, specifications, designs, reports, other documents and software prepared by the
Consultants for the Client under this Contract shall become and remain the property of the Client,
and the Consultants shall, not later than upon termination or expiration of this Contract, deliver all
such documents to the Client, together with a detailed inventory thereof. The Consultants may retain
a copy of such documents and software. Restrictions about the future use of these documents and
software, if any, shall be specified in the SCC.

3.10 Equipment and Materials Furnished by the Client

Equipment and materials made available to the Consultants by the Client, or purchased by the
Consultants with funds provided by the Client, shall be the property of the Client and shall be marked
accordingly. Upon termination or expiration of this Contract, the Consultants shall make available to
the Client an inventory of such equipment and materials and shall dispose of- such equipment and
materials in accordance with the Client's instructions. While in possession of such equipment and
materials, the Consultants, unless otherwise instructed by the Client in writing, shall insure them at
the expense of the Client in an amount equal to their full replacement value.

4. Consultants' Personnel and Sub-consultants

4.1 General

The Consultants shall employ and provide such qualified and experienced Personnel and Sub-
consultants as are required to carry out the Services.

4.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum qualification and estimated periods of
engagement in the carrying out of the Services of each of the Consultants' Key Personnel
are described in Appendix C. If any of the Key Personnel has already been approved by the
clients his/her name is listed as well.

(b) If required to comply with the provisions of Clause GCC 3.1.1 hereof, adjustments with
respect to the estimated periods "of engagement of Key Personnel set forth in Appendix C
may be made by the Consultants by written notice to the Client, provided (i) that such
adjustments shall not alter the originally estimated period of engagement of any individual
by more than 10% or one week, whichever is larger, and (ii) that the aggregate of such
adjustments shall not cause payments under this Contract to exceed the ceilings set forth in
Clause GCC 6.1(b) of this Contract. Any other such adjustments shall only be made with
the Client's written approval.

(c) If additional work is required beyond the scope of the Services specified in Appendix A, the
estimated periods of engagement of Key Personnel set forth in Appendix C may be
increased by agreement in writing between the Client and the Consultants, provided that
any such increase shall not, except as otherwise agreed, cause payments under this
Contract to exceed the ceilings set forth in Clause GCC 6.1 (b) of this Contract.

4.3 Approval of Personnel

The Key Personnel and Sub-consultants listed by title as well as by name in Appendix C are hereby
approved by the Client. In respect of other Key Personnel which the Consultants propose, to use in
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 the carrying out of the Services, the Consultants shall submit to the client for review and approval a
copy of their biographical data and (in the case of Key personnel to be used within the country of the
Government) a copy of a satisfactory medical certificate in the form attached hereto as Appendix D.

4.4 Working Hours, Overtime, Leave, etc.

Working hours and holidays for Key Personnel are set forth in Appendix E hereto. To account for
travel time, foreign Personnel carrying out Services inside the Government's country shall be
deemed to have commenced (or finished) work in respect of the Services such number of days
before their arrival in (or after their departure from) the Government's country as is specified in
Appendix E hereto.

The Key Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or
vacation leave except as specified in Appendix E hereto, and except as specified in such
Appendix, the Consultants' remuneration shall be deemed to cover these items. All leave to be
allowed to the Personnel is included in the staff-months of service set for in Appendix C. Any taking
of leave by Personnel shall be subject to the prior approval by the Client and the Consultants shall
ensure that absence for leave purposes will not delay the progress and adequate supervision of the
Services.

4.5 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel.
If, for any reason beyond the reasonable control of the Consultants, it becomes necessary to
replace any of the Personnel, the Consultants shall forthwith provide as a replacement a
person of equivalent or better qualifications.

(b) If the Client (i) finds that any of the Personnel has committed serious misconduct or has
been charged with having committed a criminal action, or (ii) has reasonable cause to be
dissatisfied with the performance of any of the Personnel, then the Consultants shall, at the
Client's written request specifying the grounds therefore, forthwith provide as a replacement
a person with qualifications and experience acceptable to the Client.

(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of
remuneration applicable to such person as well as any reimbursable expenditures (including
expenditures due to the number of eligible dependents) the Consultants may wish to claim
as a result of such replacement, shall be subject to the prior written approval by the Client.
Except as the Client may otherwise agree, (i) the Consultants shall bear all additional travel
and other costs arising out of or incidental to any removal and/or replacement, and (ii) the
remuneration to be paid for any of the key Personnel provided as a replacement shall be
95% of the remuneration which would have been payable to the key Personnel replaced. for
the reason other than death/extreme medical ground and for total replacement upto 33% of
key personnel, (iii) for total replacement upto between 33% to 50%, remuneration shall be
reduced by 10% and (v) for total replacement beyond 50% of the total of key personnel, the
client may initiate action for termination/debarment of such consultants for future projects of
NHAI.

4.6 Resident Project Manager

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 If required by the SCC, the Consultants shall ensure that at all times during the Consultants'
performance of the Services in the Government's country a resident project manager, acceptable to
the Client, shall take charge of the performance of such Services.

5. Obligations of the Client

5.1 Assistance and Exemptions

Unless otherwise specified in the SCC, the Client shall use its best efforts to ensure that the
Government shall:

(a) provide the Consultants, Sub-consultants and Personnel with work permits and such other
documents as shall be necessary to enable the Consultants, Sub- consultants or Personnel
to perform the Services;

(b) assist for the Personnel and, if appropriate, their eligible dependents to be provided promptly
with all necessary entry and exit visas, residence permits, exchange permits and any other
documents required for their stay in Government's country;

(c) facilitate prompt clearance through customs of any property required for the Services and of
the personal effects of the Personnel and their -eligible dependents;

(d) issue to officials, agents and representatives of the Government all such instructions as may
be necessary or appropriate for the prompt and effective implementation of the Services;

(e) assist the Consultants and the Personnel and any Sub-consultants employed by the
Consultants for the Services from any requirement to register or obtain any permit to
practice their profession or to establish themselves either individually or as a corporate entity
according to the Applicable Law;

(f) grant to the Consultants, any Sub-consultant and the Personnel of either of them the
privilege, pursuant to the Applicable Law, of bringing into Government's country reasonable
amounts of foreign currency for the purposes of the Services or for the personal use of the
Personnel and their dependents and of withdrawing any such amounts as may be earned
therein by the Personnel in the execution of the Services: and

(g) provide to the Consultants, Sub-consultants and Personnel any such other assistance as
may be specified in the SCC.

5.2 Access to Land

The Client warrants that the Consultants shall have, free of charge, unimpeded access to all land in
the Government's country in respect of which access is required for the performance of the Services.
The Client will be responsible for any damage to such land or any property thereon resulting from
such access and will indemnify the Consultants and each of the Personnel in respect of liability for
any such damage, unless such damage is caused by the default or negligence of the Consultants or
any Sub-consultant or the Personnel of either of them.

5.3 Change in the Applicable Law

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 If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and
duties which increases or decreases the cost or reimbursable expenses incurred by the Consultants
in performing the Services, then the remuneration and reimbursable expenses otherwise payable to
the Consultants under this Contract shall be increased or decreased accordingly by agreement
between the Parties hereto, and corresponding adjustments shall be made to the ceiling amounts
specified in Clause GCC 6.1(b).

5.4 Services, Facilities and Property of the Client

The Client shall make available to the Consultants and the Personnel, for the purposes of the
services and free of any charge, the services, facilities and property described in Appendix F at the
times and in the manner specified in said Appendix F, provided that if such services, facilities and
property shall not be made available to the Consultants as and when so specified, the Parties shall
agree on (i) any time extension that it may be appropriate to grant to the Consultants for the
performance of the Services, (ii) the manner in which the Consultants shall procure any such
services, facilities and property from other sources, and (iii) the additional payments, if any, to be
made to the Consultants as a result thereof pursuant to Clause GCC 6.l(c) hereinafter.

5.5 Payment

In consideration of the Services performed by the Consultants under this Contract, the Client shall
make to the Consultants such payments and in such manner as is provided by Clause GCC 6 of this
Contract.

5.6 Counterpart Personnel

(a) If so provided in Appendix F hereto, the Client shall make available to the Consultants, as
and when provided in such Appendix F, and free of charge, such counterpart personnel to
be selected by the Client, with the Consultants' advice, as shall be specified in such
Appendix F. Counterpart personnel shall work under the exclusive direction of the
Consultants. If any member of the counterpart personnel fails to perform adequately any
work assigned to him by the Consultants which is consistent with the position occupied by
such member, the Consultants may request the replacement of such member, and the
Client shall not unreasonably refuse to act upon such request.

(b) If counterpart personnel are not provided by the Client to the Consultants as and when
specified in Appendix F, the Client and the Consultants shall agree on (i) how the affected
part of the Services shall be carried out, and (ii) the additional payments, if any, to be made
by the Client to the Consultants as a result thereof pursuant to Clause GCC 6.1(c) hereof.

6. Payments to the Consultants

6.1 Cost Estimates; Ceiling Amount

(a) An estimate of the cost of the Services payable in local currency is set forth in Appendix H.

(b) Except as may be otherwise agreed under Clause GCC 2.6 and subject to Clause GCC
6.1(c), payments under this Contract shall not exceed the ceilings specified in the SCC. The
Consultants shall notify the Client as soon as cumulative charges incurred for the Services
have reached 80% of either of these ceilings.
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 (c) Notwithstanding Clause GCC 6.l(b) hereof, if pursuant to clauses GCC 5.3,5.4 or 5.6 hereof,
the Parties shall agree that additional payments in local currency, as the case may be, shall
be made to the Consultants in order to cover any necessary additional expenditures not
envisaged in the cost estimates referred to in Clause GCC 6.1(a) above, the ceiling or
ceilings, as the case may be, set forth in Clause GCC 6.1 (b) above shall be increased by
the amount or amounts, as the case may be, of any such additional payments.

6.2 Remuneration and Reimbursable Expenditures

(a) Subject to the ceilings specified in Clause GCC 6.1 (b) hereof, the Client shall pay to the
Consultants (i) remuneration as set forth in Clause GCC 6.2(b), and (ii) reimbursable
expenditures as set forth in Clause GCC 6.2(c). If specified in the SCC, said remuneration
shall be subject to price adjustment as specified in the SCC.

(b) Remuneration for the Personnel shall be determined on the basis of time actually spent by
such Personnel in the performance of the Services after the date determined in accordance
with Clause GCC 2.3 and Clause SCC 2.3 (or such other date as the Parties shall agree in
writing) (including time for necessary travel via the most direct route) at the rates referred to,
and subject to such additional provisions as are set forth, in the SCC.

(c) Reimbursable expenditures actually and reasonably incurred by the Consultants in the
performance of the Services, as specified in Clause SCC 6.3(b).

(d) The bidders shall be required to submit the details of ongoing assignments as per
Annexure-I with a declaration that all key personnel in the existing contracts have been duly
deployed on such projects during the last 3 months.

(e) Notwithstanding anything to the contrary stated in the GCC and SCC, it shall be mandatory
to deploy the key personnel and sub-professional as per the Man-months input specified in
the Background information and Terms of Reference. Inadequate deployment of key
personnel and sub-professional shall lead to deduction in the monthly payment as per the
following table. The key personnel and Sub-professional shall be considered to be
Inadequately deployed if he/she is not present for at least 90% of the time stipulated in the
month, as per the Man-Months Input in the Background information and Terms of Reference
and the Deployment Schedule proposed by the firm.
Sr. Personnel % reduction in
no. monthly payment
1 Team Leader-cum-Sr. Highway 20%
Engineer
2 Resident Engineer 25%
3 Bridge Engineer 20%
4 Other key Personnel 20%
5 Sub-Key Professional Staff and 15%
Support staff Technical

For avoidance of doubt, in case the Team Leader-cum-Sr. Highway Engineer has not been
made available for 90% of the stipulated time in the month, then only 80% of the monthly payment
shall be released. In the case of “Other key personnel (sl. No. 4)” and “Sub-Key Professional Staff

104
 and Support staff Technical (Sl. No. 5)”, the average availability across the group shall be
considered for calculation.

6.3 Currency of Payment

All payments shall be made in Indian Rupees and shall be subjected to applicable Indian
laws withholding taxes if any.

6.4 Mode of Billing and Payment

Billing and payments in respect of the Services shall be made as follows:

(a) The Client shall cause to be paid to the Consultants an interest bearing advance payment as
specified in the SCC, and as otherwise set forth below. The advance payment will be due
after provision by the Consultants to the Client of a bank guarantee by a bank acceptable to
the Client in an amount (or amounts) and in a currency (or currencies) specified in the SCC,
such bank guarantee (I) to remain effective until the advance payment has been fully set off
as provided in the SCC, and (ii) to be in the form set forth in Appendix I hereto or in such
other form as the Client shall have approved in writing.

(b) As soon as practicable and not later than fifteen (15 days) after the end of each calendar
month during the period of the Services, the Consultants shall submit to the Client, in
duplicate, itemized statements, accompanied by copies of receipted invoices, vouchers and
other appropriate supporting materials, of the amounts payable pursuant to Clauses GCC
6.3 and 6.4 for such month. Separate monthly statements shall be submitted in respect of
amounts payable in foreign currency and in local currency. Each such separate monthly
statement shall distinguish that portion of the total eligible costs which pertains to
remuneration from that portion which pertains to reimbursable expenditures.

(c) The Client shall cause the payment of the Consultants periodically as given in schedule of
payment above within sixty (60) days after the receipt by the Client of bills with supporting
documents. Only such portion of a monthly statement that is not satisfactorily supported may
be withheld from payment. Should any discrepancy be found to exist between actual
payment and costs authorized to be incurred by the Consultants, the Client may add or
subtract the difference from any subsequent payments. Interest at the rate specified in the
SCC shall become payable as from the above due date on any amount due by, but not paid
on such due date.

(d) The final payment under this Clause shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the Consultants and approved
as satisfactory by the Client. The Services shall be deemed completed and finally accepted
by the Client and the final report and final statement shall be deemed approved by the Client
as satisfactory ninety (90) calendar days after receipt of the final report and final statement
by the Client unless the Client, within such ninety (90)-day period, gives written notice to the
Consultants specifying in detail deficiencies in the Services, the final report or final
statement. The Consultants shall thereupon promptly make any necessary corrections, and
upon completion of such corrections, the foregoing process shall be repeated. Any amount
which the Client has paid or caused to be paid in accordance with this Clause in excess of
the amounts actually payable in accordance with the provisions of this Contract shall be
reimbursed by the Consultants to the Client within thirty, (30) days after receipt by the
105
 Consultants of notice thereof. Any such claim by the Client for reimbursement must be made
within twelve (12) calendar months after receipt by the Client of a final report and a final
statement approved by the Client in accordance with the above.

(e) All payments under this Contract shall be made to the account of the Consultants specified
in the SCC.

7. Fairness and Good Faith

7.1 Good Faith

The Parties undertake to act in good faith with respect to each other's rights under this Contract and
to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

7.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every contingency which
may arise during the life of the Contract, and the Parties hereby agree that it is their intention that
this Contract shall operate fairly as between them, and without detriment to the interest of either of
them, and that, if during the term of this Contract either Party believes that this Contract is operating
unfairly, the Parties will use their best efforts to agree on such action as may be necessary to
remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to
this Clause shall give rise to a dispute subject to arbitration in accordance with Clause GCC 8
hereof.

8. Settlement of Disputes

8.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection
with this Contract or the interpretation thereof.

8.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be
settled amicably within thirty (30) days after receipt by one Party of the other Party's request for such
amicable settlement may be submitted by either Party for settlement in accordance with the
provisions specified in the SCC.

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 III. SPECIAL CONDITIONS OF CONTRACT

Number of GCC Clause

A. Amendments of, and Supplements to, Clauses in the General Conditions of

Contract

1(a) The words “in the Government’s country” are amended to read ‘in INDIA”

1.4 The language is: English

1.6.1 The addresses are:
Client : The Chairman
National Highways Authority of India (NHAI),
G-5 & 6, Sector – 10, Dwarka, New Delhi – 110075
Attention :
e-mail :
Telex :
Fax :
For the Consultant :
Attention :
Cable address :
Telex :
Facsimile :
1.6.2 Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes, 24 hours following confirmed transmission;
(c) in the case of telegrams, 24 hours following confirmed transmission; and
(d) in the case of facsimiles, 24 hours following confirmed transmission.

1.8 The Member in Charge is:

For Client :
For Consultants :

(Note: If the Consultants consist of a joint venture of more than one entity, the name of the entity
whose address is specified in SCC 1.6.1 should be inserted here. If the Consultants consist of one
entity, this Clause 1.8 should be deleted from the SCC)

107
1.8 The Authorised Representative are:
For the Client :
For the Consultant :

1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees, levies and
other impositions levied under the existing, amended or enacted laws during life of this contract and
the client shall perform such duties in regard to the deduction of such tax as may be lawfully
imposed. The service tax will be reimbursed by NHAI.
2.1 The effectiveness conditions are the following:

i) Approval of the Contract by the client

2.2 The time period shall be four months or such other time period as the parties may agree in writing.

2.3 The time period shall be 15 days or such other time period as the Parties may agree in writing.

2.4 The time period shall be 54 months (18 months for construction & 36 months for Defect Liability
Period) or such other time period as the parties may agree in writing.

Limitation of the Consultants' Liability towards the Client

3.4(a) Except in case of gross negligence or willful misconduct on the part of the Consultants or on the
part of any person or firm acting on behalf of the Consultants in carrying out the Services, the
Consultants, with respect to damage caused by the Consultants to the Client's property, shall not be
liable to the Client:

(i) for any indirect or consequential loss or damage; and

(ii) for any direct loss or damage that exceeds (A) the total payments for Professional Fees and
Reimbursable Expenditures made or expected to be made to the Consultants hereunder, or
(B) the proceeds the Consultants may be entitled to receive from any insurance maintained
by the Consultants to cover such a liability, whichever of (A) or (B) is higher.
(b) This limitation of liability shall not affect the Consultants' liability, if any, for damage to Third
Parties caused by the Consultants or any person or firm acting on behalf of the Consultants in
carrying out the Services.
3.5 The risks and the coverage shall be as follows
(a) Third Party motor vehicle liability insurance as required under Motor Vehicles Act, 1988 in
respect of motor vehicles operated in India by the Consultants or their Personnel or any
Sub-consultants or their Personnel for the period of consultancy.
(b) Third Party liability insurance with a minimum coverage, of Rs. 1.0 million for the period of
consultancy.

(c) Professional liability insurance as per 3.4 (a) (ii) of SCC of the consultancy, with a minimum
coverage equal to estimated remuneration and reimbursable.

108
 (d) Employer's liability and workers' compensation insurance in respect of the Personnel of the
Consultants and of any Sub-consultant, in accordance with the relevant provisions of the
Applicable Law, as well as, with respect to such Personnel, any such life, health, accident,
travel or other insurance as may be appropriate; and

(e) Insurance against loss of or damage to (i) equipment purchased in whole or in part with
funds provided under this Contract, (ii) the Consultants' property used in the performance of
the Services, and (iii) any documents prepared by the Consultants in the performance of the
Services.
3.7(c) The other actions are

"(i) taking any action under a civil works contract designating the Consultants as "Engineer", for
which action, pursuant to such civil works contract, the written approval of the Client as "Employer"
is required".

3.9 The Consultants shall not use these documents for purposes unrelated to this Contract without the
prior written approval of the Client.

4.6 "The person designated as Team Leader in Appendix C shall serve in that capacity, as specified in
Clause GCC 4.6."

6.1(b) The amount payable in Indian Rupees is______________

6.2(a) "Payments for remuneration made in accordance with Clause GCC 6:2(a) in
foreign and/or local currency shall be adjusted as follows :

Remuneration of employed personnel designated Indian currency pursuant to the rates set forth in
the Appendix G & H shall be adjusted after every 18 months from the date of commencement by
increasing it by a factor of 8%.

Notwithstanding any other provisions in the agreement in this regard, this provision will prevail and
over ride any other provision to the contrary in this agreement.

6.2(b)(i)(1) It is understood (i) that the remuneration rates shall cover (A) such salaries and
allowances/including per diem allowances as the Consultants shall have agreed to pay to the
Personnel as well as factors for social charges and overhead, and (B) the cost of backstopping
by home office staff not included in the Personnel listed in Appendix C, and (C) the
Consultants' fee; (ii) that bonuses or other means of profit-sharing shall not be allowed as an
element of overhead, and (iii) that any rates specified for persons not yet appointed shall be
provisional and shall be subject to revision, with the written approval of the Client, once the
applicable salaries and allowances are known.

(2) Remuneration for periods of less than one month shall be calculated on an hourly basis for
actual time spent in the Consultants' home office and directly attributable to the Services (one
hour being equivalent to 1/240th of a month) and on a calendar-day basis for time spent away
from home office (one day being equivalent to 1/30th of a month).

6.2(b)(ii) The rates for foreign and local Personnel are set forth in Appendix H.

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6.4(a) The following provisions shall apply to the interest bearing advance payment and the advance
payment guarantee:

1) An advance payment of 10% of the contract price in proportion to the quoted Indian
currency (INR) & foreign currency (US dollar) in the bid shall be made within 60 days after
receipt and verification of advance payment bank guarantee equal to 110% of the advance
amount. The advance will be released in two installments. The advance payment will be
set off by the Client in equal installments against the statements for the first 12 months of
the Service until the advance payment has been fully set off.

2) The bank guarantee shall be in the amount and in the currency of the foreign and local
currency portion of the advance payment

3) Interest rate shall be 10% per annum (on outstanding amount) for local currency, including
converted foreign component into local currency.

6.4 (c) The interest rate is 6% per annum for local currency and London Inter Bank on Landing Rate
(LIBOR) plus 1% per annum on foreign currency.

6.4(e) The accounts are:

Name of the Beneficiary : :
Address :

Bank Account No. :

IFS Code :
MICR Code :

8.2 Disputes shall be settled by arbitration in accordance with the following provisions:

8.2.1 Selection of Arbitrators

Each dispute submitted by a Party to Arbitration shall be heard by a sole arbitrator. NHAI shall
within 30 days propose names of five (5) Arbitrators from the list of Arbitrators maintained by
SAROD (Society for Affordable Redressal of Disputes) and Consultant shall within 30 days select
one name from the list of five and the name so selected by the Consultant shall be the Sole
Arbitrator for the matter in dispute. In case NHAI delays in providing the list of 5 names, President,
SAROD will provide 5 names within 30 days of receipt of reference from aggrieved party in this
regard. In case the Consultant fails in selecting one from the list of five, President, SAROD shall
select one from the list of five provided by NHAI within 30 days of receipt of reference from
aggrieved party in this regard.

8.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with the procedures of the Arbitration and
Conciliation (Amendment) Act, 2015 of India unless the Consultant is a foreign national/ firm, where
arbitration proceedings shall be conducted in accordance with the rules of procedure of arbitration of

110
 the United Nations Commission on International Trade Law (UNCITRAL) as in force on the date of
this Contract.
8.2.3 Substitute Arbitrators
If for any reason an arbitrator is unable to perform his function, a substitute
shall be appointed in the same manner as the original arbitrator.

8.2.4 Qualifications of Arbitrators

The list of five and the sole arbitrator selected pursuant to Clause 8.2.1 hereof
shall be expert(s) with extensive experience in relation to the matter in dispute.

8.2.5 Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the parties be held in
Delhi.
(b) The English language shall be the official language for all purposes;
(c) The decision of sole arbitrator shall be final and binding and shall be
enforceable in any court of competent jurisdiction, and the Parties hereby
waive any objections to or claims of immunity in respect of such
enforcement; and
(d) Fee structure shall be as given below:

S. Particulars of fee Schedule Amount payable per

No. and other charges Arbitrator / per case

1. Arbitrator fee Rs.25,000/- per day

Or

Rs.7 lakhs (lump-sum) subject to publishing the

Award within 6 months.

Or

Rs.5 lakhs (lump-sum) subject to publishing the

Award after 6 months but before 12 months.

Note:- The amount of fees already paid for the

days of hearing @ Rs.25,000/- would be adjusted
in the lump- sum payment.

2. Reading Charges Rs.25,000/- per Arbitrator per case including

counter claim.

3. Secretarial Rs.20,000/-
Assistance and
Incidental Charges
(telephone, fax,
postage etc.)

111
4. Charges for Rs.35,000/-
Publishing /
declaration of the
Award

5. Other expenses (As per actuals against bills subject to maximum of the
prescribed ceiling given below)

Traveling Expenses Economy class (by air), First class AC (by train)
and AC car (by road)
Lodging and
Boarding (a) Rs.15,000/- per day (Metro cities)

(b) Rs.7,000/- per day (in other cities)

(c) Rs.3,000/- per day, if any Arbitrator

makes own arrangement.

6. Local Travel Rs.1,500/- per day

7. Extra charges for Rs.5,000/- per day for outstation Arbitrator

days other than
hearing / meeting
days (maximum for 2
days)

Note: 1. Lodging, boarding and travelling expenses shall be allowed only for those
members who are residing 100 kms. away from place of meeting.

2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be

considered as Metro Cities.

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 IV. APPENDICES
Appendix A: Description of the Services

[Give detailed descriptions of the Services to be provided; dates for completion of various tasks, place of
performance for different tasks; specific tasks to be approved by Client, etc.]

Details as per TOR

113
 Appendix B: Reporting Requirements

[List format, frequency, contents of reports and number of copies; persons to receive them; dates of
submission, etc. If no reports are to be submitted, state here "Not applicable".}

Please refer TOR

114
 Appendix C: Key Personnel and Sub-consultants

[List under: C-l Titles [and names, if already available}, detailed job descriptions and minimum
qualifications. experience of Personnel to be assigned to work in India, and staff-
months for each.

C-2 Same information as C-l for Key local Personnel.

C-3 Same as C-l for Key foreign Personnel to be assigned to work outside India.

C-4 List of approved Sub-consultants [if already available]; same information with
respect to their Personnel as in C-l through C-4]

Please refer TOR

115
 Appendix D: Medical Certificate

[Show here an acceptable form of medical certificate for foreign Personnel to be stationed in India. If there is
no need for a medical certificate, state here: "Not applicable. "]

The form of Medical Certificate as required under the rules of Govt. of India

116
 Appendix E: Hours of Work for Key Personnel

[List here the hours of work for key Personnel,' travel time to and from the country of Government (India) for
foreign personnel. (Clause GCC 4.4(a),' entitlement, if any, to overtime pay, sick leave pay, vacation leave
pay, etc.}

Please refer TOR

117
 Appendix F: Duties of the Client

[List here under:

F-l Services, facilities and property to be made available to the Consultants by the
Client.

F-2 Counterpart personnel to be made available to the Consultants by the Client.]

Please refer TOR

118
Appendix G: Cost Estimates in Foreign Currency

Deleted.

119
 Appendix H: Cost Estimates in Local Currency

List hereunder cost estimate in local currency:

1. Monthly rates for local Personnel (Key Personnel and other Personnel)

2. Reimbursable/Rental/Fixed expenditures as follows:

a. Per diem rates for subsistence allowance for foreign short-term Personnel plus estimated
totals.

b. Living allowances for long-term foreign Personnel, plus estimated totals.

c. Cost of local transportation.

d. Cost of other local services, rentals, utilities, etc.

120
 Appendix I: FORM OF PERFORMANCE SECURITY
(PERFORMANCE BANK GUARANTEE)
(Clause-16 of TOR)

To

The Chairman,
National Highways Authority of India,
G-5 & 6, Sector-10,
Dwarka,
New Delhi –110 075
India

WHEREAS _________________________________________________ [Name and address of

Consultants]1 (hereinafter called “the consultants”) has undertaken, in pursuance of Contract
No._______________________________ dated _________ to provides the services on terms and
conditions set forth in this Contract __________________________________________ [Name of contract
and brief description of works) (hereinafter called the “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Consultants shall furnish you with
a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his
obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;

NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Consultants up to a total of ____________________________ [amount of Guarantee] 2
________________________________________[in words], such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first
written demand and without cavil or argument, any sum or sums within the limits of
__________________[amount of Guarantee] as aforesaid without your needing to prove or to show grounds
or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Consultants before presenting us
with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract or of the
services to be performed there under or of any of the Contract documents which may be made between you
and the Consultants shall in any way release us from any liability under this guarantee, and we hereby waive
notice of any such change, addition or modification.

The liability of the Bank under this Guarantee shall not be affected by any change in the constitution of the
consultants or of the Bank.

Notwithstanding anything contained herein before, our liability under this guarantee is restricted to
Rs.__________ (Rs._________________________) and the guarantee shall remain valid till ________.
Unless a claim or a demand in writing is served upon us on or before ____________ all our liability under
this guarantee shall cease.

The guarantor/ bank hereby confirms that it is on the SFMS (Structural Finance Messaging System) platform
121
& shall invariably send an advice of this Bank Guarantee to the designated bank of NHAI detailed as under:

S.No. Particulars Details

1 Name of Beneficiary National Highways Authority of India
2 Beneficiary Bank Account No. 8598201005819
3 Beneficiary Bank Canara Bank
4 IFSC Code CNRB0008598

Signature and Seal of the Guarantor ____________ In presence of

Name and Designation ______________________ 1. _______________________

(Name, Signature & Occupation)
Name of the Bank __________________________

Address __________________________________ 2. _______________________

(Name & Occupation)
Date ______________________________________

1 Give names of all partners if the Consultants is a Joint Venture.

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 APPENDIX J: FORM OF BANK GUARANTEE FOR ADVANCE PAYMENTS
(REFERENCE CLAUSE 6.4(A) OF CONTRACT)

(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)

Ref:__________________ Bank Guarantee: _________________________

Date: ____________________________

Dear Sir,

In consideration of M/s.______________ (hereinafter referred as the "Client", which expression shall, unless
repugnant to the context or meaning thereof include it successors, administrators and assigns) having
awarded to M/s. ___________________________________(hereinafter referred to as the "Consultant"
which expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), a contract by issue of client's Contract Agreement No.
_________________dated ____________and the same having been unequivocally accepted by the
Consultant, resulting in a Contract valued at___________ for____________ Contract (hereinafter
called the "Contract")
(scope of work)
and the Client having agreed to make an advance payment to the Consultant for performance of the above
Contract amounting to (in words and figures) as an advance against Bank Guarantee to be furnished by
the Consultant.

We ____________________________ (Name of the Bank) having its Head Office at

_______________________(hereinafter referred to as the Bank), which expression shall, unless repugnant
to the context or meaning thereof, include its successors, administrators executors and assigns) do hereby
guarantee and undertake to pay the client immediately on demand any or, all monies payable by the
Consultant to the extent of ___________________________- as aforesaid at any time upto
______________________________@ ___________________________ without any demur,
reservation, contest, recourse or protest and/or without any reference to the consultant. Any such demand
made by the client on the Bank shall be conclusive and binding notwithstanding any difference between the
Client and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other authority.
we agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable till
the Client discharges this guarantee.

The Client shall have the fullest liberty without affecting in any way the liability of the Bank under this
Guarantee, from time to time to vary the advance or to extend the time for performance of the contract by the
Consultant. The Client shall have the fullest liberty without affecting this guarantee, to postpone from time to
time the exercise of any powers vested in them or of any right which they might have against the Client and
to exercise the same at any time in any manner, and either to enforce or to forebear to enforce any
covenants, contained or implied, in the Contract between the Client and the Consultant any other course or
remedy or security available to the Client. The bank shall not be relieved of its obligations under these
presents by any exercise by the Client of its liberty with reference to the matters aforesaid or any of them or
by reason of any other act or forbearance or other acts of omission or commission on the part of the Client or
any other indulgence shown by the Client or by any other matter or thing whatsoever which under law would
but for this provision have the effect of relieving the Bank.

123
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against the Bank
as a principal debtor, in the first instance without proceeding against the Consultant and notwithstanding any
security or other guarantee that the Client may have in relation to the Consultant's liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is limited to
____________________and it shall remain in force upto and including ___________and
shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s.
_____________________________________________on whose behalf this guarantee has been given.

Dated this ___________________day of ________________200_______at_____________

WITNESS

____________________________ _____________________
(Signature) (Signature)

______________________________ _____________________
(Name) (Name)

_______________________________ _____________________

_______________________________ _____________________
(Official Address) Designation (with Bank stamp)

Attorney as per Power of

Attorney No. _______________

Dated ____________________

Strike out, whichever is not applicable.

Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who issues the "Bank
Guarantee”.

Note 2: The bank guarantee shall be from a Nationalized Indian Bank or a Scheduled Bank in India having a
net worth of at least Rs. 1,000 crore (Rs. one thousand crore) or reputed foreign commercial Bank
acceptable to client for Foreign Consultant with counter guarantee from Nationalized Bank. Bank guarantee
furnished by Foreign consultant shall be confirmed by any Nationalized Bank in India.

124
Appendix K: Integrity Pacts

125
 SECTION-8

PROCEDURE FOR E-TENDER

INSTRUCTIONS TO APPLICANTS
(Note: RFP stands modified to the extent required as per these instructions).

DEFINITIONS
a. National informatics Centre (NIC): A service provider to develop and customize the software and
facilitate the process of e-tendering on application service provider mode.
b. https://etenders.gov.in: An e-tendering portal of National Highways Authority of India (“NHAI”)
introduced for the process of e-tendering which can be accessed on https://etenders.gov.in.
c. Words in capital and not defined in this document shall have the same meaning as in the Request for
Proposal (“RFP”).

1) ACCESSING/PURCHASING OF BID DOCUMENTS:

(i) It is mandatory for all the bidders to have Class-III digital signature certificate (DSC) with Signature
and encryption component (in the name of Authorized Signatory/person granting Power of Attorney
to the Authorized Signatory/Firm or Organization/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 NHAI. DSC should be in the name of the authorized signatory as
authorized in Appendix III of this RFP. 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.
(ii) For participating in the tender, the authorized signatory holding Power of Attorney shall be the Digital
Signatory. In case the authorized signatory holding Power of Attorney and Digital Signatory are not
the same, the bid shall be considered as non-responsive.
(iii) To participate in the bidding, it is mandatory for the bidders to get registered their firm/Joint Venture
with e-tendering portal of NHAI https://etenders.gov.in to have user ID & Password.

Following may kindly be noted:

(a) Registration should be valid at least up to the date of submission of BID.
(b) Bids can be submitted only during the validity of registration with the https://etenders.gov.in.
(c) The amendments/clarifications to the BID document, if any, will be hoisted on e-tender portal of
NHAI i.e. https://etenders.gov.in and website of NHAI i.e. www.nhai.org.
(d) If the validity of registration of the firm/Joint Venture is not expired then they do not require a
fresh registration.
(iv) The complete BID document can be viewed / downloaded from e-tender portal of NHAI i.e.
https://etenders.gov.in or NHAI website www.nhai.org or from 28.09.2020 to 11.11.2020 (upto 1100
hrs).
(v) To participate in bidding, bidders have to pay a sum of Rs. 5,000/- (Rupees five thousand only)
towards cost of the RFP (non-refundable) online.

2) PREPARATION AND SUBMISSION OF APPLICATIONS

(i) Detailed RFP may be downloaded from https://etenders.gov.in and the Bid may be
submitted online following the instructions appearing on the screen.
(ii) The following shall be the form of various documents in the Application:

A. Only Electronic Form (to be uploaded on the https://etenders.gov.in ) [Refer to

Clause 3 &4 of Section-2 (preparation and submission of Application) of the RFP]

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 (a) Technical proposal as indicated in Para ‘B’ below
(b) Financial proposal as per format prescribed in Section-5 of RFP.

B. Hard Copy in original shall be submitted after declaration of bid evaluation

result by the authority (identical proposal is to be submitted in electronic form
to be uploaded on the e-tendering portal of Authority) [Refer to Clause 3 &4 of
Section-2 (preparation and submission of Application) of the RFP]

(I) Following documents in Electronic (online) form to be uploaded on the E-Tender

portal of Employer

(a) Power of Attorney for signing the Application

(b) If applicable, the Power of Attorney for Lead Member of JV;
(c) Copy of Memorandum of Understanding between JV partners, if applicable;
(d) Copy of Memorandum of Understanding with Associate, if applicable
(e) Firms credentials as per format prescribed in SECTION-3 OF RFP.
(f) Technical proposal as per format as prescribed in SECTION-4 OF RFP.
(g) Registration no. on Infracon and Infracon ID.

(II) Receipt of payment towards cost of RFP of Rs. 5,000/- (Rupees Five thousand only)
online.
(III) Deleted
(IV) Duly executed on plain paper ‘Integrity Pact’ as per enclosed format

(V) The Applicant shall upload scanned copies of the Technical Proposal and Financial
Proposal as specified in point nos. 2 (ii) A above on the https://etenders.gov.in
before 11:00 Hours Indian Standard Time on 1 1 . 1 1 . 2 0 2 0 . Hard copy of the
documents as specified should be submitted after declaration of bid evaluation result by the
authority. Financial Proposal is to be submitted online only and no hard copy
submission is to be made.

(VII) It may be noted that the scanned copies can be prepared in file format i.e. PDF and/or
JEPG only. The Applicants can upload a single file of size of 5 MB only but can upload
multiple files.

4.3 Modification / Substitution/ Withdrawal of bids:

(i) The Bidder may modify, substitute or withdraw its e- bid after submission. Prior to the Bid
Due Date. No Bid shall be modified, substituted or withdrawn by the Bidder on or after
the Bid Due Date.

(ii) Any alteration/ modification in the Bid or additional information supplied

subsequent to the Bid Due Date, unless the same has been expressly sought for by the
Authority, shall be disregarded.

(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal and
upload / resubmit digitally signed modified bid.

(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal and can
withdraw its e-bid.

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 (v) 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.

4. OPENING AND EVALUATION OF APPLICATIONS:

(i) Opening of Proposals will be done through online for Financial Proposal and Technical Proposal
both.

(ii) For participating in the tender, the authorized signatory holding Power of Attorney shall be the Digital
Signatory. In case the authorized signatory holding Power of Attorney and Digital Signatory are not
the same, the bid shall be considered non-responsive.

The Authority shall open Technical Proposal received online as mentioned in point nos. 2 (ii) B at
11:30 Hours Indian Standard Time on 12.11.2020 in the presence of the Applicants who choose to
attend. This Authority will subsequently open the Technical Proposal as mentioned in point no.2 (ii)
A (a) above and evaluate the Applications in accordance with the provisions set out in the RFP.

(iii) The Financial Proposal 2 (ii) A (b) will be opened online of the short listed applicants who qualify for
financial opening as per RFP. The date of opening of Financial Proposal will be notified later on.

DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.

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