RFP

BORDER ROADS ORGANISATION
GOVERNMENT OF INDIA
REHABILITATION OF 2.5 KM LONG
JAWAHAR TUNNEL (TWIN TUBE-SINGLE
LANE TUNNEL) ON NH-44 IN THE STATE OF
JAMMU & KASHMIR (UT)
ON
Engineering, Procurement & Construction

(EPC) Mode
Request for Proposal
VOLUME-I
Jan 2023
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Tender No. CE (P) BCN/EPC/14/2022-23
CA No. CE (P) BCN/ EPC/ /
TABLE OF CONTENTS
S.No. Contents Page No.
Notice Inviting RFP 4

Disclaimer 5
Glossary 7
1Introduction 8
1.1 Background 8
1.2 Brief description of Bidding Process 10
1.3 Schedule of Bidding Process 12
2Instructions to Bidders 13
A General 13
2.1 General terms of Bidding 13
2.2 Eligibility and qualification requirement of Bidder 18
2.3 Proprietary Data 28
2.4 Cost of Bidding 29
2.5 Site visit and verification of information 29
2.6 Verification and Disqualification 30
B Documents 31
2.7 Contents of the RFP 31
2.8 Clarifications 32
2.9 Amendment of RFP 32
2.10 Format and Signing of BID 33
C Preparation and Submission of Bids 33
2.11 Documents comprising Technical & financial BID 33
2.12 BID Due Date 35
2.13 Late BIDs 36
2.14 Procedure of e-tendering 36
2.15 Online opening of Bids 37
2.16 Rejection of BIDs 37
2.17 Validity of BIDs 38
2.18 Confidentiality 38
2.19 Correspondence with the Bidder 38
D BID Security 39
2.20BID Security 39
2.21Performance Security 40
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3 Evaluation of Technical and Opening & Evaluation of financial 42

Bids
3.1 Evaluation of Technical BIDs 42
3.2 Opening and Evaluation of financial Bids 43
3.3 Selection of Bidder 43
3.4 Contacts during BID Evaluation 44
3.5 Correspondence with the Bidder 45
4 Fraud and Corrupt Practices 46

5 Pre-BID Conference 48
6 Miscellaneous 49
Appendices
IA Letter comprising the Technical BID 52
IB Letter comprising the Financial BID 56
II Bid Securing Declaration 78
III Format for Power of Attorney for signing of BID 82
IV Format for Power of Attorney for Lead Member of Joint Venture 84
V Format for Joint Bidding Agreement for Joint Venture 86
VI Integrity Pact Format 91
VII Form of Bank Guarantee (For Performance Security) 97
VIII Format of LOA 100
Annexure of Appendix 1A
I Details of Bidder 57
II Technical Capacity of the Bidder (Deleted) 62
III Financial Capacity of the Bidder (Deleted) 64
IV Details of Eligible Project 66
V Statement of legal capacity 70
VI Information required to Evaluate the Bid capacity 71
VII Guidelines of the Department of Disinvestment 74
VIII Details of ongoing Work 76
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GOVERNMENT OF INDIA
NOTICE INVITING BID
Tender No. CE (P) BCN/EPC/14/2022-23 Dated 14.01.2023

RFP for “REHABILITATION OF 2.5 KM LONG JAWAHAR TUNNEL (TWIN TUBE
SINGLE LANE TUNNEL) ON NH-44 IN THE STATE OF JAMMU-KASHMIR NOW
UT ON ENGINEERING, PROCUREMENT & CONSTRUCTION (EPC) MODE”.
The Chief Engineer, Project Beacon C/o 56 APO (Border Roads Organisation) is engaged in
the maintenance of Jawahar Tunnel on NH-44 at Km 204.60 on Jammu-Srinagar Road, it has
been decided for REHABILITATION OF 2.5 KM LONG JAWAHAR TUNNEL (TWIN
TUBE SINGLE LANE TUNNEL) ON NH-44 IN THE STATE OF JAMMU-
KASHMIR NOW UT ON ENGINEERING, PROCUREMENT & CONSTRUCTION
(EPC) MODE
The Chief Engineer, Project Beacon now invites bids from eligible contractors for the
following project:
NH ICB Name of Estimated Cost Completion Maintenance
No. No. work (Exclusive of period period
GST)
(Rs in Crore)
REHABILATION OF 2.5 KM 12 Months

LONG JAWAHAR TUNNEL from
(TWIN TUBE SINGLE LANE Appointed
TUNNEL) ON NH-44 AT KM 05 (Five)
Date excluding
204.60 ON JAMMU-SRINAGAR 76.00 Years from
44 - non working
ROAD IN THE STATE OF the Date of
season from
JAMMU & KASHMIR NOW UT Completion
ON ENGINEERING, 15 Nov to 15
PROCUREMENT & March every
CONSTRUCTION (EPC) MODE year
The complete BID document can be viewed / downloaded from official portal of CPPP website
https://eprocure.gov.in from 14.01.2023 to 09.03.2023 (upto 1500 Hrs). Bidder must submit its
technical and financial bid at http://eprocure.gov.in and Technical Bid at https://bims.gov.in on or
before 09.03.2023 (upto 1500 Hrs ). Bids received online shall be opened on 10.03.2023 at 1200 Hrs.
Bid through any other mode shall not be entertained. However, Bid Security, document fee, Power of
Attorney and Joint Bidding Agreement etc. shall be submitted physically by the Bidder on or before
the date mentioned in data Sheet/RFP. Please note that the Chief Engineer, Project Beacon (BRO)
reserves the right to accept or reject all or any of the BIDs without assigning any reason whatsoever.
(RAJESH CHANDRA)
Superintending Engineer
Director (Contracts & EPC)
HQ CE (P) Beacon
C/o 56 APO
For Chief Engineer
Ph. 0194-2300025,2300237
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Email: bcn-dircont@bro.gov.in
DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other form
by or on behalf of the Authority or any of its employees or advisors, is provided to Bidder(s)
on the terms and conditions set out in this RFP and such other terms and conditions subject
to which such information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions and
assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for
the Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, especially the
[Feasibility Report], may not be complete, accurate, adequate or correct. Each Bidder
should, therefore, conduct its own investigations and analysis and should check the
accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Applicant or Bidder under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any
loss, damages, cost or expense which may arise from or be incurred or suffered on account
of anything contained in this RFP or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFP or arising in
any way for participation in this BID Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP. The Authority may in its absolute discretion, but without being under
any obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this RFP.
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The issue of this RFP does not imply that the Authority is bound to select a Bidder or to
appoint the Selected Bidder JV or Contractor, as the case may be, for the Project and the
Authority reserves the right to reject all or any of the Bidders or BIDs without assigning any
reason whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its BID including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be required
by the Authority or any other costs incurred in connection with or relating to its BID. All
such costs and expenses will remain with the Bidder and the Authority shall not be liable in
any manner whatsoever for the same or for any other costs or other expenses incurred by a
Bidder in preparation or submission of the BID, regardless of the conduct or outcome of the
Bidding Process.
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GLOSSARY
Agreement As defined in Clause 1.1.4

Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.20.1
BID(s) As defined in Clause 1.2.2
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.5
BID Due Date As defined in Clause 1.1.5
Bidding Process As defined in Clause 1.2.1
BID Securing Declaration As defined in Clause 1.2.4
BID Price or BID As defined in Clause 1.2.6
Contractor As defined in Clause 1.1.2
Construction Period As defined in Clause 1.2.6
Conflict of Interest As defined in Clause 2.2.1(c)
Defect Liability Period As defined in Clause 1.2.6
Eligible Experience As defined in Clause 2.2.2.5 (i)
Eligible Projects As defined in Clause 2.2.2.5 (i)
EPC As defined in Clause 1.1.1
EPC Contract As defined in Clause 1.1.2
Estimated Project Cost As defined in Clause 1.1.3
Feasibility Report As defined in Clause 1.2.3
Financial Capacity As defined in Clause 2.2.2.3 (i)
Government Government of India/Andman
Joint Venture As defined in Clause 2.2.1
Jt. Bidding Agreement As defined in Clause 2.1.11(f)
Lead Member As defined in Clause 2.1.11 (c)
Lowest Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.9 (ii)
Performance Security As defined in Clause 2.21.1
Additional Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.2 (i)
Tie BIDs As defined in Clause 3.3.2
Threshold Technical Capacity As defined in Clause 2.2.2.2 (i)
The words and expressions beginning with capital letters and defined in this document
shall, unless repugnant to the context, have the meaning ascribed thereto herein.
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GOVERNMENT OF INDIA
SECTION 1
INTRODUCTION
1.1 Background
1.1.1 The Chief Engineer, Project Beacon C/o 56 APO, Pin-931706 (the
“Authority”) is engaged in the maintenance of Jawahar Tunnel on NH-44 at Km
204.60 on Jammu-Srinagar Road, the Authority has decided to undertake
REHABILITATION OF 2.5 KM LONG JAWAHAR TUNNEL (TWIN TUBE SINGLE
LANE TUNNEL) ON NH-44 IN THE STATE OF JAMMU-KASHMIR NOW UT (the
“Project”) through an Engineering, Procurement and Construction (the “EPC”)
Contract, and has decided to carry out the bidding process for selection of a Bidder to
whom the Project may be awarded. A brief description of the project may be seen in
the Information Memorandum of the Project at the CPPP website
https://eprocure.gov.in/eprocure/app . Brief particulars of the Project are as follows:
Name of the National Highway Length Estimated Period for

in km Project Cost completion of work
(Exclusive of
GST)
(In Rs. Cr.)
REHABILITATION OF 2.5 KM
LONG JAWAHAR TUNNEL Eastern
(TWIN TUBE SINGLE LANE Tube- 76.00 12 Months
TUNNEL) ON NH-44 IN THE 2531m from Appointed Date
STATE OF JAMMU-KASHMIR Western excluding non working
season from 15 Nov to
NOW UT ON ENGINEERING, Tube-
15 March every year
PROCUREMENT & 2541m
CONSTRUCTION (EPC) MODE
1.1.2 The selected Bidder (the ―Contractor) shall be responsible for designing,
engineering, procurement and construction of the Project under and in accordance
with the provisions of an engineering, procurement and construction contract (the
―EPC Contract) to be entered into between the Contractor and the Authority in the
form provided by the Authority as part of the Bidding Documents pursuant hereto.
The Contractor shall also be responsible for the maintenance of the project during the
Defect Liability Period. The scope comprises of the following works as per
Indian/International Standards, detailed design and drawings to be approved by the
Border Roads Organisation and details provided in these tender documents and
required to complete the works for smooth operation and subsequent maintenance of
the Tunnels.
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1.1.2.1 To provide detailed engineering drawings of all the works/ components for
approval.
(a) Design and Construction of all civil upgradation Works as per approved
drawings mainly comprising of the following:
• carrying out grouting works for seepage control within the tunnel
• Drainage system inside the tunnel and outside the tunnel approach roads
• Service Duct –Installation of service duct & shifting and re-laying of DI Pipes
• Replacement of existing flexible pavement by Rigid pavement in eastern Tube and
Rehabilitation and laying of additional layer of rigid pavement in western tube
• Rehabilitation of both the portal approach roads with rigid pavement
• Display boards & road signage
(b) Design, Construction, Supply, Erection, Testing and Commissioning of Fire

Fighting System.
Design, Construction, Manufacture, Supply, Erection, Testing and

Commissioning of Electro Mechanical Equipment with their auxiliaries, other
related works for upgradation of Electrical & Electromechanical works mainly
comprising of the following:
• Power Supply system

• Illumination system
• Ventilation system
• Mechanical Maintenance of Tunnel system
(c) Design manufacture, supply, erection testing & commissioning of tunnel.

Monitoring, Control and Communication system mainly comprising of the
following
• Teleback system
• Public Address System
• Sensor System
• Traffic Monitoring & Control System
• Height limiting Barriers
• Fire detection & protection system
• Ventilation Control
• Illumination Control
The bidder may add, substitute or delete any works based on technical justification
and as per as the investigation /survey conducted by the bidder.
1.1.2.2 The Defect Liability Period/ Maintenance Period for the rehabilitation of
2.5 Km long Jawahar Tunnel (twin tube single lane tunnel) on NH-44 in the state of
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Jammu-Kashmir now UT on EPC mode shall be 05 (five) years from the date of
completion of work and handing over back to the Authority.
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been
specified in the clause 1.1.1 above. The assessment of actual costs, however, will
have to be made by the Bidders.
1.1.4 The Agreement sets forth the detailed terms and conditions for award of
the project to the Contractor, including the scope of the Contractor‘s services and
obligations.
1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with
the terms set forth in this RFP and other documents to be provided by the Authority
pursuant to this RFP (collectively the "Bidding Documents"), and all BIDs shall be
prepared and submitted in accordance with such terms on or before the BID due date
specified in Clause 1.3 for submission of BIDs (the - BID Due Date).
1.2 Brief description of Bidding Process
1.2.1 The Authority has adopted a single stage two part system (referred to as the
"Bidding Process") for selection of the Bidder for award of the Project. Under this
process, the bid shall be invited under two parts. Eligibility and qualification of the
Bidder will be first examined based on the details submitted under first part
(Technical Bid) with respect to eligibility and qualifications criteria prescribed in this
RFP (the “Bidder”), which expression shall, unless repugnant to the context, include
the members of the Joint Venture). The Financial Bid under the second part shall be
opened of only those Bidders whose Technical Bids are responsive to eligibility and
qualifications requirements as per this RFP GOI has issued guidelines (see Annexure
VII of Appendix-1A of RFP) for qualification of Bidders seeking to acquire stakes in
any public sector enterprise through the process of disinvestment. These guidelines
shall apply mutatis mutandis to this Bidding Process. The Authority shall be entitled
to disqualify any Bidder in accordance with the aforesaid guidelines at any stage of
the Bidding Process. Bidders must satisfy themselves that they are qualified to bid,
and should give an undertaking to this effect in the form at Appendix-IA.
1.2.2 The Bid shall be valid for a period of 120 days from the date specified in
Clause 1.3 for submission of BIDs.
1.2.3 The complete Bidding Documents including the draft Agreement for the Project
is enclosed for the Bidders. The Feasibility Report / Detailed Project Report prepared
by the Authority/ consultants of the Authority (the "Feasibility Report/Detailed
Project Report") is also enclosed. The Feasibility Report / Detailed Project Report
of the Project is being provided only as a preliminary reference document by way of
assistance to the Bidders who are expected to carry out their own surveys,
investigations and other detailed examination of the Project before submitting their
Bids. Nothing contained in the Feasibility Report/Detailed Project Report shall be
binding on the Authority nor confer any right on the Bidders, and the Authority shall
have no liability whatsoever in relation to or arising out of any or all contents of
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the Feasibility Report/Detailed Project Report. The aforesaid documents and any
addenda issued subsequent to this RFP Document will be deemed to form part of the
Bidding Documents.
1.2.4 A Bidder is required to submit, along with its BID, the cost of BID/RFP
document as mentioned in Data Sheet through RTGS/NEFT/other online mode to the
BRO’s account, as given below:
Sr.No Particulars Details

1 Name of Beneficiary Chief Engineer, Project Beacon
2 Beneficiary Bank Account No. 11381956129
3 Beneficiary Bank Branch Name State Bank of India
and Address Srinagar (J&K).
4 Beneficiary Bank Branch IFSC SBIN0000722
NOTE: The Bid Securing Declaration shall also be submitted as per Clause 2.20 of this RFP.
1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at
their cost, such studies as may be required for submitting their respective BIDs for
award of the contract including implementation of the Project.
1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required
by a Bidder for implementing the Project (the "BID Price"). The total time allowed
for completion of construction under the Agreement (the “Construction Period”)
and the period during which the Contractor shall be liable for maintenance and
rectification of any defect or deficiency in the Project after completion of the
Construction Period (the “Defect Liability Period”) shall be pre-determined, and are
specified in the draft Agreement forming part of the Bidding Documents.
In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the
lowest BID price.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest
Bidder withdraws or is not selected for whatsoever reason except the reason
mentioned in Clause 2.1.12 (b) (4), the Authority shall annul the Bidding Process and
invite fresh BIDs.
1.2.8 Other details of the process to be followed under this bidding process and the
terms thereof are spelt out in this RFP.
1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted by e-mail to the officer designated in Clause 2.11.4 below with
identification/ title: "Queries / Request for Additional Information: RFP for
“REHABILITATION OF 2.5 KM LONG JAWAHAR TUNNEL (TWIN TUBE
UT ON ENGINEERING, PROCUREMENT & CONSTRUCTION (EPC) MODE”.
1.2.10 A Bidder is required to submit, along with its technical BID, a self-
certification that the item offered meets the local content requirement for ‘Class - I
local Supplier’ / ‘Class - II local Supplier’, as the case may be. The self-certification
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shall also have details of the location(s) at which the local value addition is made. In
case, bidder has not submitted the aforesaid certification the bidder will be treated as
‘Non- Local Supplier’.
In the above pretext, the Class - I Local Supplier, Class - II Local Supplier and the
Non- Local Supplier are defined as under:
(i) ‘Class - I local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for ‘Class - I local Supplier’ under this RFP. The ‘local content’
requirement to categorize a supplier as ‘Class I local Supplier’ is minimum 50%.
(ii) ‘Class - II local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for ‘Class - II local Supplier’ under this RFP. The ‘local content’
requirement to categorize a supplier as ‘Class - Il local Supplier’ is minimum 20%.
(iii) ‘Non - local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, has local content less than that prescribed
for ‘Class - II local supplier’ under this RFP.
(iv) ‘Local content’ means the amount of value added in India which shall be the total
value of item procured (excluding net domestic indirect taxes) minus the value of
imported content in the item (including all customs duties) as a proportion of the total
value, in percent In case of procurement for a value in excess of Rs. 10 crores, the
‘Class - I local supplier’ / ‘Class - II local supplier’ shall provide a certificate from
the statutory auditor or cost auditor of the company (in case of companies) or from a
practicing Cost accountant or practicing chartered accountant (in respect of suppliers
other than companies) giving the percentage of local content.
1.2.11 A BID Security of Rs. 76.00 Lakh (the "BID Security") in form of
DD/FD/BG, refundable not later than 150 (One hundred & fifty) days from the BID
Due Date, except in the case of the Selected Bidder whose BID Security shall be
retained till it has provided a Performance Security and Additional Performance
Security (if any) as per the provision of this RFP and LOA. This Guarantee shall be
transmitted through SFMS Gateway to NHAI/MORTH/State PWD/NHIDCL/BROs
Bank.
1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the Bidding Schedule given in Data Sheet.
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SECTION-2
INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General terms of Bidding
2.1.1 No Bidder shall submit more than one BID for the Project. A Bidder bidding
individually or as a member of a Joint Venture shall not be entitled to submit another
BID either individually or as a member of any Joint Venture, as the case may be.
2.1.2 An International Bidder bidding individually or as a member of a Joint Venture

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

2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of
Bidding Documents and also fulfilling the criterion as mentioned in clause 2.2.
2.1.11 In case the Bidder is a Joint Venture, it shall comply with the following
additional requirements:
(a) Number of members in a Joint Venture shall not exceed 3 (Three);
(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;
(c) Members of the Joint Venture shall nominate one member as the lead member
(the “Lead Member”). Lead Member shall met at least 60% requirement of
Bid Capacity, Technical and Financial Capacity, required as per Clause
2.2.2.1, 2.2.2.2(i) & 2.2.2.3. The nomination(s) shall be supported by a Power
of Attorney, as per the format at Appendix-III, signed by all the other
Members of the Joint Venture. Other Member(s) shall meet at least 20%
requirement of Bid Capacity, Technical and Financial Capacity required as
per Clause 2.2.2.1, 2.2.2.2 (i) & 2.2.2.3 and the JV as a whole shall
cumulatively/collectively fulfil the 100% requirement;
(d) the Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and
defect liability obligations;
(e) the Lead Member shall itself undertake and perform at least three Road
Tunnel Project each costing not less than to Rs 30 Crore/OR two Road Tunnel
Project each costing not less than to Rs 37.50 Crore/OR one Road Tunnel
Project costing not less than to Rs 60 Crore,
(f) members of the Joint Venture shall have entered into a binding Joint Bidding
Agreement, substantially in the form specified at Appendix V (the ―Jt. Bidding
Agreement‖), for the purpose of making the Application and submitting a Bid in the
event of being pre-qualified. The Jt. Bidding Agreement, to be submitted along with
the Application, shall, inter alia:
(i) convey the commitment(s) of the Lead Member in accordance with this RFP, in
case the contract to undertake the Project is awarded to the Joint Venture; and clearly
outline the proposed roles & responsibilities, if any, of each member;
(ii) commit the approximate share of work to be undertaken by each member
conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint Venture shall be
liable jointly and severally for all obligations of the Contractor in relation to the
Project until the Defect Liability Period is achieved in accordance with the EPC
Contract; and
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(g) except as provided under this RFP, there shall not be any amendment to the Jt.
Bidding Agreement.
(h) No Joint Venture up to Estimate Project Cost of Rs. 50 crore (Fifty Crore).
However, Joint Venture for any Estimated Project Cost is permissible in case of
maintenance works to be taken up on EPC mode.
2.1.12 Entities of countries which have been identified by Ministry of Road Transport
& Highways as not allowing Indian companies to participate in their Government
procurement for any item related to Ministry of Road Transport & Highways shall
not be allowed to participate in government procurement in India for all items related
to Ministry of Road Transport & Highways, except for the list of items published by
the Ministry of Road Transport & Highways permitting their participation.
2.1.13 Notwithstanding anything to the contrary contained herein, in the event that
the Bid Due Date falls within three months of the closing of the latest financial year
of a Bidder, it shall ignore such financial year for the purposes of its Bid and furnish
all its information and certification with reference to the 5 (five) years or 1 (one)
year, as the case may be, preceding its latest financial year. For the avoidance of
doubt, financial year shall, for the purposes of a Bid hereunder, mean the accounting
year followed by the Bidder in the course of its normal business.
2.1.14 The Bidder, including an individual or any of its Joint Venture Member,
should not be a non-performing party on the bid submission date. The Bidder,
including any Joint Venture Member, shall be deemed to be a non-performing party,
if it attracts any or more of the following conditions in any of its ongoing or
completed project:
(i) Fails to set up institutional mechanism and procedure as per contract;
(ii) Fails to mobilize key construction equipment within a period of 4 months from
the Appointed date;
(iii) Fails to complete or has missed any milestone and progress not commensurate
with contiguous unencumbered project length/ROW available even after lapse of 6
months from respective project milestone/ Schedule Completion date, unless
Extension of Time has been granted due to Authority’s Default of Force Majeure;
(iv) Fails to achieve progress commensurate with funds released from Escrow
Account (Equity + Debt+ Grant) in BOT or HAM project and variation is more than
25% in the last 365 days;
(v) Fails to achieve the target progress or complete the project as per schedule agreed
at the time of sanctioning of funds under One Time Funds Infusion (OTFI) or
relaxations to contract conditions to improve cash flow solely on account of
Concessionaire’s / Contractor’s failure/default;
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(vi) Fails to complete rectification (excluding minor rectifications) as per time given in
non-conformity reports (NCR) in design/ completed works/ maintenance or reported in
Inspection Report issued by Quality Inspectors deployed by the Authority or Officers
of the Authority;
(vii) Fails to complete minor rectifications exceeding 3 instances in project as per time
given in non-conformity reports (NCR) in design/ completed works/ maintenance;
(viii) Fails to fulfill its obligations to maintain a highway in a satisfactory condition in
spite of two rectification notices issued in this regard;
(ix) Damages/ penalties recommended by Independent/ Authority’s Engineer during
O&M Period and remedial works are still not taken up;
(x) Fails to complete Punch list items even after lapse of time for completion of such
items excluding delays attributable to the Authority;
(xi) Occurrence of minor failure of structures/ Highway due to construction defect
wherein no causalities are reported (causalities include injuries to human being/
animals);
(xii) Occurrence of major failure of structures/ highway due to construction defect
wherein no casualties are reported (causalities include injuries to human being/
animals);
(xiii) Occurrence of major failure of structures/ highway due to construction defect
leading to loss of human lives besides loss of reputation etc. of the authority; (xiv)
Fails to make premium payments excluding the current installment in one or more
projects;
(xv) Fails to achieve financial closure in two or more projects within the given or
extended period (which shall not be more than six months in any case); (xvi) Fails to
submit the Performance Security within the permissible time period in more than one
project;
(xvii) Rated as an unsatisfactory performing entity/ non-performing entity by an
independent third party agency and so notified on the website of the Authority;
(xviii) Failed to perform for the work of Expressways, National Highways, ISC & EI
works in the last 2 (two) years, as evidenced by imposition of a penalty by an arbitral
or judicial authority or a judicial pronouncement or arbitral award against the Bidder,
including individual or any of its Joint Venture Member, as the case may be;
(xix) Expelled from the contract or the contract terminated by the Ministry of Road
Transport & Highways or its implementing agencies for breach by such bidder,
including individual or any of its Joint Venture Member; Provided that any such
decision of expulsion or termination of contract leading to debarring of the Bidder
from further participation in bids for the prescribed period should have been ordered
after affording an opportunity of hearing to such party;
(xx) Fails to start the works or cause delay in maintenance & repair/ overlay of the
project.
Note- The action to be taken against contractor against the above mentioned type of
deficiency
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*Note: Sub- clauses (i) to (xi) under this Clause would be applicable only when the
Contractor attracts these defaults on the bid submission date. The day the Contractor
cures the said defaults and becomes compliant, he would be eligible to participate in
bids received after such date.
The Bidder, including individual or each member of Joint Venture, shall give the list of
the projects of Expressways, National Highways, ISC and EI works of Ministry of
Road Transport & Highways or its implementing agencies (NHAI/ NHIDCL/State
PWDs/BRO) and the status of above issues in each project as on the bid submission
date and undertake that they do not attract any of the above categories (Ref. Sr. No.6,
Annex-I of Appendix – IA).
The Bidder including individual or any of its Joint Venture Member may provide
(i) details of all their on-going projects along with updated stage of litigation, if so,
against the Authority / Governments;
(ii) details of updated on-going process of blacklisting if so, under any contract
with Authority / Government; and
(iii) details of all their on-going projects in the format at Annexure-VIII of

Appendix IA (Ref Clause 10.3 (iv) of Draft EPC Agreement).
The Authority reserves the right to reject an otherwise eligible Bidder on the basis
of the information provided under this clause 2.1.14. The decision of the Authority
in this case shall be final.
2.1.15 The bidder including individual or any of its JV members or its related parties,
who are already having three or more on-going projects in NHIDCL, as on the date of
financial bid opening shall not be eligible to bid for this project.
Explanation:
i. An LOA issued for any project shall be counted as an on-going project.
ii. the awarded projects with financial progress less than 50% or milestone-2
delayed by more than three months due to reasons attributable to the contractor,
shall be counted as on-going projects for the purpose of clause 2.1.15 above.
iii. Projects having EPC cost of Rs. 25 Crores or less shall not be counted for this
purpose,
iv. In case of a company, the Related Parties means Related Parties as defined in
the Companies Act, 2013, and in case of a bidder other than a company, the
Related Parties means bodies in which the bidder or its partners are partner, trustee
or directors in other bodies whether incorporated or not.
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To substantiate this, the bidder shall provide an undertaking giving list of all such
related parties and projects being executed by the Related Parties in BRO.
A certificate in this regard from Statutory Auditor (with UDIN) shall also be
provided by the bidder.
For further clarification of point no (ii) above:

a. Financial progress shall be considered from the Monthly progress report of
preceding month of Bid due date uploaded on BRO/NHAI/NHIDCL website.
b. Certification of completion of Milestone-II from concerned Authority is

mandatory. The same shall be attached by the bidder in the bid.
2.1.16 All Orders of Ministry of Finance/DPIIT/any other Government agencies, as

applicable and prevalent on the date of LOA, shall be applicable.
2.1.17 Entities of countries which have been identified by Ministry of Road Transport
& Highways as not allowing Indian companies to participate in their Government
procurement in their Government procurement for any item related to proposed
provision.
2.1.18 Upon declaration of non-performer/debarred, the Contractor/Concessionaire will

not be able to participate in any bid for National Highways projects with MoRTH or its
executing agencies till such time the debarment persists or the contractor/Concessionaire
is removed from the list of Non-performer. IN bidding for a particular project, bids from
only such firms should be considered for placement of Contract, which are neither
debarred on the date of opening tender nor debarred on the date of issue of Letter of
Acceptance (LoA). Contracts concluded before the issue of the debarment/declaration as
non-performer order shall not be affected by the debarment order(s) issued subsequently.
2.1.19 In case any debarred/declared non-performer firms submits the bid, the same will
be ignor4ed. In case such firm is lowest (L-1), next lowest firm shall be considered as L-
1. Bid security submitted by such debarred/declared nonperformer firms shall be
returned to them.
2.1.20 Debarment/declaration as non-performer of a particular firm shall automatically

extend to all its allied firms. In case a joint Venture/consortium is debarred, all
partners/members shall stand debarred for the entire period.
2.2. Eligibility and qualification requirements of Bidder
2.2.1 For determining the eligibility of Bidder the following shall apply:
(a) The Bidder may be a single entity or a group of entities (the “Joint Venture”),
coming together to implement the Project. The term Bidder used herein would apply
18 | P a g e
to both a single entity and a Joint Venture. Joint Venture shall be allowed for this
work.
(b) Bidder may be a natural person, private entity, or any combination of them with a
formal intent to enter into a Joint Venture agreement or under an existing agreement
to form a Joint Venture. A Joint Venture shall be eligible for consideration subject to
the conditions set out in Clause 2.1.11 above.
(c) A Bidder shall not have a conflict of interest (“Conflict of Interest”) that affects
the Bidding Process. Any Bidder found to have a Conflict of Interest shall be
disqualified and liable for forfeiture of the BID Security or Performance Security
as the case may be. A Bidder shall be deemed to have a Conflict of Interest affecting
the Bidding Process, if:
(i) the Bidder, its Joint Venture Member (or any constituent thereof) and
any other Bidder, its Member or any Member of its Joint Venture thereof (or
any constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply in
cases where the direct or indirect shareholding of a Bidder, or its Joint
Venture Member thereof (or any shareholder thereof having a shareholding
of more than 5% (five percent) of the paid up and subscribed share capital of
such Bidder, or its Joint Venture Member, as the case may be), in the other
Bidder, its Joint Venture Member is less than 5% (five percent) of the subscribed
and paid up equity share capital thereof; provided further that this disqualification
shall not apply to any ownership by a bank, insurance company, pension fund or a
public financial institution referred to in section 4A of the Companies Act 1956.
For the purposes of this Clause 2.2.1(c), indirect share holding held through one or
more intermediate persons shall be computed as follows: (aa) where any
intermediary is controlled by a person through management control or otherwise,
the entire shareholding held by such controlled intermediary in any other person
(the “Subject Person”) shall be taken into account for computing the shareholding
of such controlling person in the Subject Person; and (bb) subject always to sub-
clause (aa) above, where a person does not exercise control over an intermediary,
which has shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be undertaken on a
proportionate basis; provided, however, that no such shareholding shall be
reckoned under this sub-clause (bb) if the shareholding of such person in the
intermediary is less than 26% of the subscribed and paid up equity shareholding of
such intermediary; or
(ii) a constituent of such Bidder is also a constituent of another Bidder; or
(iii) such Bidder, or any of its Joint Venture Member thereof receives or has
received any direct or indirect subsidy, grant, concessional Loan or
subordinated debt from any other Bidder, or any of its Joint Venture
Member thereof or has provided any such subsidy, grant, concessional Loan
or subordinated debt to any other Bidder, its Member or any of its Joint
Venture Member thereof; or
19 | P a g e
(iv) such Bidder has the same legal representative for purposes of this
Application as any other Bidder; or
(v) such Bidder, or any of its Joint Venture Member thereof has a relationship
with another Bidder, or any of its Joint Venture Member thereof, directly or
through common third party/ parties, that puts either or both of them in a
position to have access to each others‘ information about, or to influence the
Application of either or each other; or
(vi) such Bidder, or any of its Joint Venture Member thereof has participated as
a consultant to the Authority in the preparation of any documents, design or
technical specifications of the Project.
(d.) For determining the eligibility of Bidder from a country which shares a land
border with India the following shall apply:-
i. Any Bidder from a country which shares a land border with India will be
eligible to bid, only if the Bidder is registered with the Competent
Authority, specified in Annexure-I of Order (Public Procurement No. 1)
issued by Ministry of Finance, Department of Expenditure Public
Procurement Division vide F. No. 6/18/2019-PPD, dated 23rd July 2020,
which shall form an integral part of RFP and DCA (Copy enclosed).
ii. “Bidder from a country which shares a land border with India” means:
a. An entity incorporated, established or registered in such a country, or
b. A subsidiary of an entity incorporated, established or registered in such

a country; or
c. An entity substantially controlled through entities incorporated,

established or registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A Consortium or joint venture where any member of the consortium or

joint venture falls under any of the above.
iii Beneficial owner for the purpose of (III) above means:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the

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

than twenty-five per cent of shares or capital or profits of the company.
b. “Control” shall include the right to appoint majority of the directors or to

control the management or policy decisions including by virtue of their
shareholding or management rights or shareholding agreements or voting
agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or one or more juridical person:
has ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
3. In case of an unincorporated association or body of individuals, the beneficial

owner is the natural person(s), who, whether acting alone or together, or through
one or more juridical person, has ownership of or entitlement to more than fifteen
percent of the property or capital or profits of such association or body of
individual;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;
1. In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.
IV. An Agent is a person employed to do any act for another, or to represent another
in dealings with third person.
V. The Selected Bidder/ Concessionaire shall not be allowed to sub-contract works

to any contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority. The definition of “contractor
from a country which shares a land border with India” shall be as in Clause III above.
Certificate regarding Compliance:

A certificate on the letterhead of the Bidder shall be required to be submitted by the
bidders certifying the following in the format prescribed at Appendix-XII:
"I/We have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to contractors
from such countries;
I/We certify that this bidder is not from a country or, if from such a country, has been
registered with the Competent Authority as defined in Public Procurement Order no.
F.no.6/18/2019- PPD dated 23rd July 2020 and will not sub-contract any work to a
21 | P a g e
contractor from such countries unless such contractor is registered with the
Competent Authority;
I/We hereby certify that this bidder fulfils all requirements in this regard and is
eligible to be considered."
It may be noted that in case the above certification is found to be false, this would be
a ground for immediate rejection of Bid/termination and further legal action in
accordance with law.
Validity of Registration:
In respect of RFP, registration should be valid at the time of submission of bids and at
the time of acceptance of bids. If the Bidder was validly registered at the time of
acceptance, registration shall not be a relevant consideration during contract
execution.
2.2.2 Qualification requirements of Bidders:
2.2.2.1 BID Capacity
Bidders who inter alia meet the minimum qualification criteria will be qualified only
if their available BID capacity is more than the total BID value (value as per Clause
1.1.1). The available BID capacity will be calculated as per following, based on
information mentioned at Annexure-VI of Appendix-IA:
Assessed Available BID capacity = (A*N*2.5 – B + C), Where
N= Number of years prescribed for completion of work for which Bid is invited.
A = Maximum value of civil engineering works excluding the amount of bonus

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

countersigned by the Client or its Engineer-in-charge not below the rank of
Executive Engineer or equivalent in respect of EPC Projects.
3. The factor for the year for updation to the price level is indicated as under:
Year Year-1 Year-2 Year-3 Year-4 Year-5

Updation 1.00 1.05 1.10 1.15 1.20
factor
4. The bid capacity status of the bidder to be updated as on the day before opening
the financial bids
2.2.2.2 Technical Capacity
(i) For demonstrating technical capacity and experience (the “Technical

Capacity”), the Bidder shall, over the past 5 (five) financial years preceding the Bid
Due Date, have received payments for construction of Eligible Project(s), or has
undertaken construction works by itself in a PPP project, such that the sum total
thereof, as further adjusted in accordance with clause 2.2.2.5 (i) & (ii), is more than
Rs. 76.00 Crore (Rupees Seventy Six Crore only) (the “Threshold Technical
Capacity”)7.
(ii) The firm should have successfully completed or substantially completed with any
Govt agencies/PSU/Municipal Corporation/local Govt bodies.
Three similar works each costing not less than the amount equal to 40% of
estimated cost of work (i.e. Rs 30.40 Crore).
OR
Two similar works each costing not less than the amount equal to 50% of estimated
cost of work (i.e. Rs 38.00 Crore).
OR
One similar works costing not less than the amount equal to 80% of estimated cost
of work (i.e. Rs 60.80 Crore).
Similar works means: “Construction/Maintenence of Single/Twin Tube Tunnel of any
length”.
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(iii) For Stand-alone specialized projects:
(a) Major Bridges/ROB/Flyovers projects: Deleted
(b) Tunnel project: The sole Bidder or in case the Bidder being a Joint Venture, any
member of Joint Venture shall have completed at least:-
Three similar works each costing not less than the amount equal to 40% of
OR
Two similar works each costing not less than the amount equal to 50% of
OR
One similar works costing not less than the amount equal to 80% of
Similar works means: “Construction/Maintenence of Single/Twin Tube Tunnel of
any length”.
(iv) The updation factor to update the price of the eligible projects for the year
indicated in table below:
Up-dation 1.00 1.05 1.10 1.15 1.20

factor
2.2.2.3 Financial Capacity:
(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of Rs.
3.80 Crore (Rupees Three Crore Eighty Lakh Only) at the close of the preceding
financial year.
(ii) The Bidder shall have a minimum Average Annual Turnover (updated to the price
level of the year based on factors indicated in table below) Rs 15.20 Crore (Rupees
Fifteen Crore Twenty Lakh only) for the last 5 (five) financial years.

Up-dation factor 1.00 1.05 1.10 1.15 1.20
2.2.2.4 In case of a Joint Venture:
(i) The Bid Capacity, Technical Capacity and Financial Capacity of all the Members
of Joint Venture would be taken into account for satisfying the above conditions of
eligibility. Further, Lead Member shall meet at least 60% requirement of Bid
Capacity, Technical and Financial Capacity as per Clause 2.2.2.1, 2.2.2.2(i) and
2.2.2.3 and each of other JV members shall meet at least 0% requirement of Bid
24 | P a g e
Capacity, Technical and Financial Capacity individually as per Clause 2.2.2.1,
2.2.2.2(i) and 2.2.2.3. For avoidance of doubt it is further clarified that the Joint
Venture must collectively and individually satisfy the above qualification criteria i.e.
JV shall cumulatively/collectively fulfill the 100% requirement.
(ii) For requirement of 2.2.2.2 (ii), one similar work of 25% of Estimated Project
Cost should have been completed from the Eligible Projects in Category 1 and/or
Category 3 specified in Clause 2.2.2.5 individually by any of the JV members as a
single work.
2.2.2.5 Categories and factors for evaluation of Technical Capacity:
(i) Subject to the provisions of Clause 2.2.2 the following categories of experience
would qualify as Technical Capacity and eligible experience (the "Eligible
Experience") in relation to eligible projects as stipulated in Clauses 2.2.2.6 (i) & (the
"Eligible Projects"). In case the Bidder has experience across different categories, the
experience for each category would be computed as per weight of following factors to
arrive at its aggregated Eligible Experience:
Category Project / Construction experience on Eligible Projects Factors

1 Project in highways sector that qualify under Clause 1
2.2.2.6 (i)
2 Project in core sector that qualify under Clause 0.50
2.2.2.6 (i)
3 Construction in highways sector that qualify under 1
Clause
2.2.2.6 (ii)
4 Construction in core sector that qualify under Clause 0.50
2.2.2.6 (ii)
(ii) The Technical capacity in respect of an Eligible Project situated in a developed

country which is a member of OECD shall be further multiplied by a factor of 0.5
(zero point five) and the product thereof shall be the Experience Score for such
Eligible Project.
(iii) For the purpose of this RFP:
(a) Highways sector would be deemed to include highways, expressways, bridges,

tunnels, runways, railways (construction/re-construction of railway tracks, yards for
keeping containers etc.) metro rail and ports (including construction/reconstruction
cost of Jetties, any other linear infrastructure including bridges etc.); and
(b) core sector would be deemed to include civil construction cost of power sector,
commercial setups (SEZs etc.), airports, industrial parks/ estates, logistic parks,
pipelines, irrigation, water supply, sewerage and real estate development.
25 | P a g e
(I) In case of projects executed by applicant under category 3 and 4 as a member of
Joint Venture, the project cost should be restricted to the share of the applicant in the
joint venture for determining eligibility as per provision under clause 2.2.2.2 (ii). In
case Statutory Auditor certifies that, the work of other member(s) is also executed by
the applicant, then the total share executed by applicant can be considered for
determining eligibility as per provision under clause 2.2.2.2 (ii).
(II) Maintenance works are not considered as eligible project for evaluation as per
Instruction No.6 to Annex-IV. As such works with nomenclature like PR, OR,
FDR,SR, site/micro grading, surface renewal, resurfacing work, Tarring, B.T. surface
work, temporary restoration, urgent works, periodic maintenance, repair &
rehabilitation, one time maintenance, permanent protection work of bank, external
pre stressing, repair of central hinge, short term OMT contract of NHAI/BRO, any
type of work related to border fencing, work of earthwork alone, construction of
buildings/ hostels/hospitals, etc, or not specified, shall not be considered.
(III) The works such as Improvement in Riding Quality work (IRQP/IRQ),

shall be considered for Technical Capacity [2.2.2.2 (i)] but not for single completed
works [2.2.2.2 (ii)]
(IV) Project in Highway sector shall constitute the following for the purpose of
consideration under category l or 3 as applicable, if:
(i) Widening / reconstruction / up-gradation works on NH / SH/ or on any category

of road taken up under CRF, ISC/ El, SARDP, LWE
(ii) Widening/ re-construction/up-gradation works/Slope protection works on MDRs
with LoA an assistance from multilateral agencies or on BOT basis,
(iii) Widening/ reconstruction / up-gradation work in Municipal corporation limits,
construction of Bypasses,
(iv) Construction of standalone bridges, ROBs, tunnels w.r.t roads. (v) Long
term OMT works of NHAI/MoRT&H.
(V) The projects with the title of RIDF, PMGSY road, link road, city roads, rural
road, sector/ municipality road, Bridges for railway line, work of metro rails (bridges/
tunnel), real estate projects which demonstrate road development/construction
bridges or culverts may be considered under category- 4.
(VI) In case both the estimated cost of project and revised cost of project are
provided, the revised cost of project shall be considered for evaluation.
2.2.2.6 Eligible Experience on Eligible Projects in respect of each category:
(i) For a project to qualify as an Eligible Project under Categories 1 and 2:
(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO,
BOOT or other similar basis for providing its output or services to a public sector
26 | P a g e
entity or for providing non-discriminatory access to users in pursuance of its
charter, concession or contract, as the case may be. For the avoidance of doubt, a
project which constitutes a natural monopoly such as an airport or port should
normally be included in this category even if it is not based on a long-term
agreement with a public entity;
(b) the entity claiming experience should have held, in the company owning the
Eligible Project, a minimum of 26% (twenty six per cent) equity during the entire
year for which Eligible Experience is being claimed;
(c) the capital cost of the project should be more than 10% of the amount
specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Bid Due Date, have itself undertaken the construction of the project
for an amount equal to at least one half of the Project Cost of eligible projects,
excluding any part of the project for which any contractor, sub-contractor or other
agent was appointed for the purposes of construction.
(ii) For a project to qualify as an Eligible Project under Categories 3 and 4, the
Bidder should have received payments from its client(s) for construction works
executed, fully or partially, or work executed and certified by the Engineer-in-
charge/Independent Engineer/Authority‘s Engineer during the 5 (five) financial years
immediately preceding the Bid Due Date, and only the amounts (gross) actually
received/ work executed, during such 5 (five) financial years shall qualify for purposes
of computing the Experience Score. However, receipts of or work executed amount
less than Rs. 7.60 Crore (Rupees Seven Crore Sixty Lakh Only) shall not be
reckoned as receipts for Eligible Projects. For the avoidance of doubt, construction
works shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract / EPC contract for the project.
Further, the cost of land and also cost towards pre- construction activities (like shifting
of utilities etc.) shall not be included hereunder.
(iii) The Bidder shall quote experience in respect of a particular Eligible Project
under any one category only, even though the Bidder (either individually or along with
a member of the Joint Venture) may have played multiple roles in the cited project.
Double counting for a particular Eligible Project shall not be permitted in any form.
(iv) Experience for any activity relating to an Eligible Project shall not be claimed
by two or more Members of the Joint Venture. In other words, no double counting by a
Joint Venture in respect of the same experience shall be permitted in any manner
whatsoever.
2.2.2.7 Submission in support of Technical Capacity
(i) The Bidder should furnish the details of Eligible Experience for the last 5 (five)
financial years immediately preceding the Bid Due Date.
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(ii) The Bidder must provide the necessary information relating to Technical Capacity
as per format at Annex-II of Appendix-IA.
(iii) The Bidder should furnish the required Project-specific information and evidence
in support of its claim of Technical Capacity, as per format at Annex -IV of Appendix-
IA.
2.2.2.8 Submission in support of Financial Capacity
(i) The Technical Bid must be accompanied by the Audited Annual Reports of
the Bidder (of each Member in case of a Joint Venture) for the last 5 (five) financial
years, preceding the year in which the bid is submitted.
(ii) In case the annual accounts for the latest financial year are not audited and
therefore the Bidder cannot make it available, the Bidder shall give an undertaking to
this effect and the statutory auditor shall certify the same. In such a case, the Bidder shall
provide the Audited Annual Reports for 5 (five) years preceding the year for which the
Audited Annual Report is not being provided.
(iii) The Bidder must establish the minimum Net Worth specified in Clause 2.2.2.3, and
provide details as per format at Annex-III of Appendix-IA.
2.2.2.9 The Bidder shall enclose with its Technical Bid, to be submitted as per the
format at Appendix-IA, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by itself,
during the past 5 years, in respect of the Eligible Projects. In case a particular job/
contract has been jointly executed by the Bidder (as part of a Joint Venture), it should
further support its claim for the payments received or construction carried out by itself
in PPP Projects as applicable the share in work done for that particular job/ contract by
producing a certificate from its statutory auditor or the client; and
(ii) Certificate(s) from its statutory auditors specifying the net worth of the Bidder, as
at the close of the preceding financial year, and also specifying that the methodology
adopted for calculating such net worth conforms to the provisions of this Clause
2.2.2.9 (ii). For the purposes of this RFP, net worth (the “Net Worth”) shall mean the
aggregate value of the paid-up share capital and all reserves created out of the profits
and securities premium account, after deducting the aggregate value of the
accumulated losses, deferred expenditure and miscellaneous expenditure not written
off, as per the audited balance sheet, but does not include reserves created out of
revaluation of assets, write-back of depreciation and amalgamation.
2.2.2.10 Deleted.
2.3 Proprietary data
All documents and other information supplied by the Authority or submitted by a
Bidder to the Authority shall remain or become the property of the Authority and are
transmitted to the Bidders solely for the purpose of preparation and the submission
of a BID in accordance herewith. Bidders are to treat all information as strictly
confidential and shall not use it for any purpose other than for preparation and
submission of their Bid. The provisions of this Clause 2.3 shall also apply mutatis
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mutandis to BIDs and all other documents submitted by the Bidders, and the Authority
will not return to the Bidders any BID, document or any information provided along
therewith.
2.4 Cost of Bidding
The Bidders shall be responsible for all of the costs associated with the preparation of
their BIDs and their participation in the Bidding Process. The Authority will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of
the Bidding Process.
2.5 Site visit and verification of information

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

(a) made a complete and careful examination of the Bidding Documents, Schedules
annexed to EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information provided in
the Bidding Documents or furnished by or on behalf of the Authority relating to any of
the matters referred to in Clause 2.5.1 above. No claim shall be admissible at any stage
on this account.
(d) satisfied itself about all matters, things and information including matters referred
to in Clause 2.5.1 herein above necessary and required for submitting an informed
BID, execution of the Project in accordance with the Bidding Documents and
performance of all of its obligations thereunder;
(e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness
of information provided in the Bidding Documents or ignorance of any of the
matters referred to in Clause 2.5.1 hereinabove shall not be a basis for any claim for
compensation, damages, extension of time for performance of its obligations, loss of
profits etc. from the Authority, or a ground for termination of the Agreement by the
Contractor;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and in terms hereof.
2.5.3 The Authority shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning or relating
to RFP, including any error or mistake therein or in any information or data given by
the Authority.
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2.6 Verification and Disqualification
2.6.1 The Authority reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP and the Bidder shall, when
so required by the Authority, make available all such information, evidence and
documents as may be necessary for such verification. Any such verification, or lack of
such verification, by the Authority shall not relieve the Bidder of its obligations or
liabilities hereunder nor will it affect any rights of the Authority there under.
2.6.2 The Authority reserves the right to reject any BID and appropriate the BID
Securing Declaration if:
(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the BID.
Such misrepresentation/ improper response shall lead to the disqualification of the
Bidder. If the Bidder is a Joint Venture, then the entire Joint Venture and each
Member of the Joint Venture may be disqualified/ rejected. If such
disqualification/rejection occurs after the BIDs have been opened and the lowest
Bidder gets disqualified / rejected, then the Authority reserves the right to annul the
Bidding Process and invites fresh BIDs.
2.6.3 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of defect liability subsistence
thereof, that one or more of the eligibility and /or qualification requirements have not
been met by the Bidder, or the Bidder has made material misrepresentation or has
given any materially incorrect or false information, the Bidder shall be disqualified
forthwith if not yet appointed as the contractor either by issue of the LOA or
entering into of the Agreement, and if the Selected Bidder has already been issued the
LOA or has entered into the Agreement, as the case may be, the same shall,
notwithstanding anything to the contrary contained therein or in this RFP, be liable to
be terminated, by a communication in writing by the Authority to the Selected Bidder
or the Contractor, as the case may be, without the Authority being liable in any manner
whatsoever to the Selected Bidder or the Contractor. In such an event, the Authority
shall be entitled to forfeit and appropriate the Performance Security, as the case may
be, as Damages, without prejudice to any other right or remedy that may be
available to the Authority under the Bidding Documents and / or the Agreement, or
otherwise.
2.6.4. A Bidder shall be liable for disqualification and the bidder will be suspended for
participation in the tendering process for the works of MoRTH/NHAI/NHIDCL/BRO
and works under other Centrally Sponsored Scheme, for a period of one year from the
bid due to this work, if any legal, financial or technical adviser of the Authority in
relation to the Project is engaged by the Bidder, its Member or any Associate thereof,
as the case may be, in any manner for matters related to or incidental to such Project
during the Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution
of the Agreement. In the event any such adviser is engaged by the selected Bidder or
Contractor, as the case may be, after issue of the LOA or execution of the Agreement
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for matters related or incidental to the project, then notwithstanding anything to the
contrary contained herein or in the LOA or the Agreement and without Prejudice to any
other right or remedy or the Authority, including the forfeiture and appropriation of the
Performance Security, as the case may be, which the Authority may have there under
or otherwise, the LOA or the Agreement, as the case may be, shall be liable to be
terminated without the Authority being liable in any manner whatsoever to the Selected
Bidder or Contractor for the same. For the avoidance or doubt, this disqualification
shall not apply where such adviser was engaged by the Bidder, its Member or
Associate in the past but its assignment expired or was terminated 6 (six) months prior
to the date of issue of this RFP. Nor will this disqualification apply where such adviser
is engaged after a period of 3 (three) years from the date of commercial operation of
the Project.
B. DOCUMENTS
2.7 Contents of the RFP
2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below,
and will additionally include any Addenda issued in accordance with Clause 2.9.
Part –I
Invitation for BIDs

Section 1.Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of BIDs
Section 4. Fraud and Corrupt Practices
Section 5. Pre-BID Conference
Section 6. Miscellaneous
Section 7. Data Sheet
Appendices
IA. Letter comprising the Technical BID including Annexure I to VII

IB. Letter comprising the Financial BID
II. BID Securing Declaration
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA
IX. Format of BOQ
X. Format of Certificate of Net worth by Statutory Auditor.
XI. Format of Certificate of Turn Over by Statutory Auditor.
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XII. Format of Certificate regarding Compliance with Restrictions under Rule 144 (xi)
of GFR.
Part –II
Agreement Document with schedules
Part – III
[Feasibility Report / Detailed Project Report provided by the authority]
2.7.2 The draft Agreement and the Feasibility / Detailed Project Report provided by the
Authority as part of the BID Documents shall be deemed to be part of this RFP.
2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in writing
by e-mail in accordance with Clause 1.2.9. They should send in their
queries on or before the date mentioned in the Schedule of Bidding Process specified
in Clause 1.3. The Authority shall endeavour to respond to the queries within the
period specified therein, but no later than 15 (fifteen) days prior to the BID Due Date.
The responses will be sent by fax or e-mail. The Authority will forward all the queries
and its responses thereto, to all Bidders without identifying the source of queries.
2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications sought
by the Bidders. However, the Authority reserves the right not to respond to any
question or provide any clarification, in its sole discretion, and nothing in this Clause
shall be taken or read as compelling or requiring the Authority to respond to any
question or to provide any clarification.
The Authority may also on its own motion, if deemed necessary, issue interpretations
& clarifications to all Bidders. All clarifications & interpretations issued by the
Authority shall be deemed to be part of the Bidding Documents. Verbal clarifications
and information given by Authority or its employees or representatives shall not in
any way or manner be binding on the Authority.
2.9 Amendment of RFP
2.9.1 At any time prior to the BID Due Date, the Authority may, for any reason, whether at
its own initiative or in response to clarifications requested by a Bidder, modify the RFP
by the issuance of Addenda.
2.9.2 Any Addendum issued hereunder will be hosted on the website and
(www.eprocure.gov.in / https://bims.gov.in)
2.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into account,
or for any other reason, the Authority may, in its sole discretion, extend the BID Due
Date.
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C. PREPARATION AND SUBMISSION OF BIDS
2.10 Format and Signing of BID
2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority will
evaluate only those BIDs that are received online in the required formats and complete
in all respects and Bid Securing Declaration, Copy of online receipt/ original Demand
Draft towards payment of cost of Bid document, POA and Joint Bidding Agreement
etc. are received in hard copies.
2.10.2 The BID shall be typed and signed in indelible blue ink by the authorised signatory of
the Bidder. All the alterations, omissions, additions or any other amendments made to
the BID shall be initialled by the person(s) signing the BID.
2.11 Documents comprising Technical and Financial BID
2.11.1 The Bidder shall first upload all the project details, net worth details, turnover details,
bridge and tunnel details and all other details required in this RFP for technical
qualification. The Bidder shall ensure that all the details are updated as on the due date
of submission of this bid.
The Bidder shall then apply for the RFP on the on the CPPP website https://
eprocure.gov.in/eprocure/app by submitting the documents mentioned below along
with the supporting documents which shall comprise of the Technical BID on the
CPPP portal:
Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I and VI
and supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the format
at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(e) Deleted
(f) BID Security of Rs. 76.00 Lakh, if in the form of Bank Guarantee/DD/FD from a
Scheduled Bank (to be submitted physically as well);
(g) Copy of Online receipt towards payment of cost of BID/RFP document of required
amount as mentioned in the Datasheet;
(h) Deleted
(i) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any, issued by MoRT&H (Appendix-VI) regarding Integrity Pact (IP)
and the Integrity Pact (IP) duly signed by Authorised signatory shall be submitted by
the Bidder with the RFP Bid & shall be part of the Contract Agreement;
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(j) An undertaking from the person having PoA referred to in Sub. Clause-(b) above
that they agree and abide by the Bid documents uploaded by MoRT&H/NHAI/BRO
and amendments uploaded, if any; and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing projects works (Ref
Clause 10.3 (iv) of Document for EPC Agreement).
(l) Copy of Memorandum and Articles of Association, if the Bidder is a body corporate,
and if a partnership then a copy of its partnership deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of each member
(in case of Joint Venture) for preceding 5 years.
(n) Copy of originals of experience certificate apostile at foreign origin, if any
(o) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs) as per format given in Appendix-IX shall be
submitted by the Bidder with the RFP Bid duly signed by Authorised signatory &
shall be part of the Contract Agreement.
Financial Bid
(p) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online through
e-procurement portal on or before 1500 hrs IST on 09.03.2023
Self-Certification
Self- certification by the Bidder that its Bid meets the Local Content requirement for
‘Class - I Local supplier’/ ‘Class - II Local supplier’, as the case may be. The Self-
certification shall also have details of the location(s) at which the local value
addition is made. In case, bidder do not submit the aforesaid Certification, the bidder
will be summarily treated as ‘Non Local Supplier’.
In case of procurement for a value in excess of Rs. 10 crores, the ‘Class - I Local
supplier’/ ‘Class - II Local supplier’ shall have to provide a Certificate from the
Statutory Auditor or Cost Auditor of the Company (in case of Companies) or from a
practicing Cost Accountant or practicing Chartered Accountant (in respect of
Suppliers other than Companies) giving the percentage of Local Content upon
Construction of the Project.
2.11.2 The Bidder shall submit the following documents physically:
(a) Original Power of Attorney for signing the BID as per format at Appendix-III;
(b) if applicable, Original Power of Attorney for Lead Member of Joint Venture as per
the format at Appendix-IV;
(c) if applicable, Original Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(d) Deleted
(e) Copy of online receipt / original Demand Draft towards payment of cost of Bid/RFP
document of required amount mentioned in the Datasheet;
(f) Deleted
(g) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent amendments
34 | P a g e
if any issued by MoRT&H (Appendix-VI) regarding Integrity Pact (IP) and the
Integrity Pact (IP) duly signed by Authorised signatory shall be submitted by the
Bidder with the RFP Bid& shall be part of the Contract Agreement; and
(h) An undertaking from the person having PoA referred to in Sub. Clause-(a) above that
they agree and abide by the Bid documents uploaded by BRO and amendments
uploaded, if any
(i) originals of experience certificate apostile at foreign origin, if any
(j) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs) as per format given in Appendix-XII shall be
submitted by the Bidder with the RFP Bid duly signed by Authorised signatory &
shall be part of the Contract Agreement.
2.11.3 The documents listed at clause 2.11.2 shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification ―BID for the
“REHABILITATION OF 2.5 KM LONG JAWAHAR TUNNEL (TWIN TUBE
UT ON ENGINEERING, PROCUREMENT & CONSTRUCTION (EPC) MODE ” and
shall clearly indicate the name and address of the Bidder. In addition, the BID Due
Date should be indicated on the right hand top corner of the envelope.
2.11.4 The envelope shall be addressed to the following officer(s) and shall be submitted at
the respective address:
(i) ATTN. OF: Mr. Rajesh Chandra ,Superintending Engineer (Civil)

DESIGNATION Director (Contracts & EPC)
HQ CE Project Beacon
C/o 56 APO
Pin-931706
E-MAIL ADDRESS bro-dircont@bro.gov.in
2.11.5 If the envelope is not sealed and marked as instructed above, the Authority assumes no
responsibility for the misplacement or premature opening of the contents of the BID
submitted and consequent losses, if any, suffered by the Bidder.
2.11.6 BIDs submitted by fax, telex, telegram or e-mail shall not be entertained and shall be
summarily rejected.
2.12 BID Due Date
Financial BID comprising of the documents listed at clause 2.11.1 of the RFP shall be
submitted online through e-procurement CPPP website https://
eprocure.gov.in/eprocure/app on or before 1500 hrs IST on 09.03.2023. Documents
listed at clause 2.11.2 of the RFP shall be physically submitted on or before 1500
hours IST on 09.03.2023 at the address provided in Clause 2.11.4 in the manner and
35 | P a g e
form as detailed in this RFP. A receipt thereof should be obtained from the person
specified at Clause 2.11.4.
2.13 Late BIDs
E-procurement portal CPPP website https://eprocure.gov.in/eprocure/app shall not

allow submission of any Bid after the prescribed date and time at clause 2.12.
Physical receipt of documents listed at clause 2.11.2 of the RFP after the prescribed
date and time at clause 2.12 shall not be considered and the bid shall be summarily
rejected.
2.14 Procedure for e-tendering
2.14.1 Accessing/ Purchasing of BID documents
2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC)(in the name of Authorized Signatory / Firm or Organisation / Owner of the
Firm or Organisation) from any of the licensed Certifying Agency (Bidders can see
the list of licensed CAs from the link www.cca.gov.in) to participate in e-tendering of
MoRT&H/ NHAI/NHIDCL/BRO/State Pwd.
DSC should be in the name of the authorized signatory as authorized in Appendix III
of this RFP or person executing/delegating such Appendix III in favour of Authorized
Signatory. It should be in corporate capacity (that is in Bidder capacity / in case of JV
in the Lead Member capacity, as applicable). The Bidder shall submit document in
support of the class III DSC. In other cases, the bid shall be considered Non-
responsive.
2.14.1.2 To participate in the bidding, it is mandatory for the Bidders to get registered their
firm / Joint Venture with e-procurement portal http:/eprocure.gov.in/eprocure/app to have
user ID & password which has to be obtained by submitting an annual registration charges of
INR ***(Rupees***) (Inclusive of all taxes) to the e-tendering service provider through their
e-payment gateway. Validity of online registration is 1 (one) year. Following may kindly be
noted:
(a) Registration with e-procurement portal should be valid at least up to the date of
submission of BID.
(b) BIDs can be submitted only during the validity of registration.
It is also mandatory for the Bidders to get their firms registered with e-tendering
portal. The Bidders shall update their project and other details on the portal on a
regular basis and apply to the tenders via the portal.
2.14.1.3 If the firm / Joint Venture is already registered with e-tendering service provider and
validity of registration is not expired then the firm / Joint Venture is not required a
fresh registration.
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2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder from e-
procurement portal http:/eprocure.gov.in/eprocure/app 14.01.2023 to 09.03.2023 (upto
1500 Hrs. IST).
2.14.1.5 Deleted
2.14.2 Preparation & Submission of BIDs:
2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on the
screen. The detailed guidelines for e-procurement is also available on e-procurement
portal.
2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in different files
(in PDF or RAR format such that file size is not more than 30 MB) and upLoAded
during the on-line submission of BID.
2.14.2.2 Bid must be submitted online only through e-procurement portal

https://eprocure.gov.in/eprocure/app using the digital signature of authorised
representative of the Bidder on or before 09.03.2023 (upto 1500 Hrs. IST).
2.14.2.3 Modifications/ Substitution/ withdrawal of BIDs
2.14.2.4 The Bidder may modify, substitute or withdraw its e- BID after submission prior to the
BID Due Date. No BID can be modified, substituted or withdrawn by the Bidder on or
after the BID Due Date & Time.
2.14.2.5 For modification of e-BID, Bidder has to detach its old BID from e- procurement portal
and upLoAd / resubmit digitally signed modified BID. For withdrawal of BID, Bidder
has to click on withdrawal icon at e-procurement portal and can withdraw its e- BID.
Before withdrawal of a BID, it may specifically be noted that after withdrawal of a
BID for any reason, Bidder cannot re-submit e-BID again.
2.15 Online Opening of BIDs.
2.15.1 Opening of BIDs will be done through online process.
2.15.2 The BRO shall on-line open Technical BIDs on 10.03.2023 at 1200 hours IST, in the
presence of the authorized representatives of the Bidders, who choose to attend.
Technical BID of only those Bidders shall be online opened whose documents listed
at clause 2.11.2 of the RFP have been physically received. The BRO will
subsequently examine and evaluate the BIDs in accordance with the provisions of
Section 3 of RFP.
2.16 Rejection of BIDs
2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves the right
to reject any BID and to annul the Bidding Process and reject all BIDs at any time
without any liability or any obligation for such acceptance, rejection or
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annulment, and without assigning any reasons thereof. In the event that the Authority
rejects or annuls all the BIDs, it may, in its discretion, invite all eligible Bidders to
submit fresh BIDs hereunder.
2.16.2 The Authority reserves the right not to proceed with the Bidding Process at any time,
without notice or liability, and to reject any BID without assigning any reasons.
2.17 Validity of BIDs
The BIDs shall be valid for a period of not less than 120 (one hundred and twenty) days
from the BID Due Date. The validity of BIDs may be extended by mutual consent of
the respective Bidders and the Authority.
2.18 Confidentiality
Information relating to the examination, clarification, evaluation and recommendation

for the Bidders shall not be disclosed to any person who is not officially concerned
with the process or is not a retained professional advisor advising the Authority in
relation to, or matters arising out of, or concerning the Bidding Process. The
Authority will treat all information, submitted as part of the BID, in confidence and
will require all those who have access to such material to treat the same in
confidence. The Authority may not divulge any such information unless it is directed
to do so by any statutory entity that has the power under law to require its disclosure
or is to enforce or assert any right or privilege of the statutory entity and/ or the
Authority or as may be required by law or in connection with any legal process.
2.19 Correspondence with the Bidder
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any BID.
However, the Authority would display the result of technical evaluation on the web
portal for 7 days including reasons for non- responsiveness, if any, and the financial
bid will be opened thereafter.
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D. BID SECURITY
2.20 BID Security :
The Bidder shall furnish as part of its BID, a BID Security referred to in Clause 1.2.11 herein
above in the form of a DD/FD/ bank guarantee issued by nationalized bank, or a Scheduled
Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one thousand crore), in
favour of the Authority in the format at Appendix-II (the “Bank Guarantee”) and having a
validity period of not less than 180 (one hundred eighty) days from the BID Due Date,
inclusive of a claim period of 60 (sixty) days, and may be extended as may be mutually
agreed between the Authority and the Bidder from time to time. This Bank Guarantee shall
be transmitted through SFMS Gateway to [Ministry/NHAI/NHIDCL/State PWD/BRO]’s
Bank. The Authority reserves the right to add or remove any of names bank on which BG
shall be accepted based on advisories from the Govt./RBI. The BGs issued by ‘Foreign
Banks’ and Banks not mentioned in the given list shall not be accepted.
List of Scheduled Public Sector Banks List of Private Sector Banks
1. Bank of Baroda 1. Axis Bank Ltd.

2. Bank of India 2. Bandhan Bank Ltd.
3. Bank of Maharashtra 3. CSB Bank Ltd.
4. Canara Bank 4. City Union Bank Ltd.
5. Central Bank of India 5. DCB Bank Ltd.
6. Indian Bank 6. Federal Bank Ltd.
7. Indian Overseas Bank 7. HDFC Bank Ltd.
8. Punjab National Bank 8. ICICI Bank Ltd.
9. Punjab & Sind Bank 9. IndusInd Bank Ltd.
10. State Bank of India 10. IDFC First Bank Ltd.
11. UCO Bank 11. J & K Bank Ltd.
12. Union Bank of India 12. Karnataka Bank Ltd.
13. Karur Vysya Bank Ltd.
14. Kotak Mahindra Bank Ltd.
15. RBL Bank Ltd.
16. South Indian Bank Ltd.
17.Tamilnadu Mercantile Bank Ltd.
18. YES Bank Ltd.
19. IDBI Bank Ltd.
List of Scheduled Small Finance Banks
 Au Small Finance Bank Limited
 Equitas Small Finance Bank Limited
 Suryoday Small Finance Bank Limited
 Ujjivan Small Finance Bank Limited
 Utkarsh Small Finance Bank Limited
 ESAF Small Finance Bank Limited
 Jana Small Finance Bank Limited
2.20.1 Any BID not accompanied by the BID Security shall be summarily rejected by the
Authority as non-responsive.
2.20.2 The Selected Bidder’s BID Security will be returned, without any interest, upon the Bidder
39 | P a g e
signing the Contract Agreement and furnishing the Performance Security in accordance
with the provisions thereof. The Authority may, at the Selected Bidder’s option, adjust the
amount of BID Security in the amount of Performance Security to be provided by him in
accordance with the provisions of the Agreement.
2.20.3 The Authority shall be entitled to forfeit and appropriate the BID Security as Damages inter
alia in any of the events specified in Clause 2.20.5 herein below. The Bidder, by
submitting its BID pursuant to this RFP, shall be deemed to have acknowledged and
confirmed that the Authority will suffer loss and damage on account of withdrawal of its
BID or for any other default by the Bidder during the period of BID validity as specified in
this RFP. No relaxation of any kind on BID Security shall be given to any Bidder.
2.20.4 The BID Security shall be forfeited and appropriated by the Authority as damages payable
to the Authority for, inter-alia, time cost and effort of the Authority without prejudice to
any other right or remedy that may be available to the Authority under the bidding
documents and / or under the Agreement, or otherwise, under the following conditions:
a) Deleted
b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Section 4 of this RFP;
c) If a Bidder withdraws its BID during the period of Bid validity as specified in this RFP
and as extended by mutual consent of the respective Bidder(s) and the Authority;
d) In the case of Selected Bidder, if it fails within the specified/extended time limit by
Authority –
i. to sign and return the duplicate copy of LOA;
ii. to furnish the Performance Security /Additional Performance Security (if any) as per
Clause 2.21; or
iii. to sign the Agreement;
2.21 Performance Security
2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall
furnish to the Authority an irrevocable and unconditional guarantee from a Bank in
the form set forth in Appendix-VII (the “Performance Security”) for an amount
equal to 3% (three percent) of its Bid Price. In case of bids mentioned below, the
Selected Bidder, along with the Performance Security, shall also furnish to the
Authority an irrevocable and unconditional guarantee from a Bank in the same form
given at Appendix-VII towards an Additional Performance Security (the “Additional
Performance Security”) for an amount calculated as under:
(i) If the Bid Price offered by the Selected Bidder is lower than 10% but upto 20% of
the estimated Project Cost, then the Additional Performance Security shall be
calculated @20% of the difference in the (i) Estimated Project Cost (as mentioned in
RFP)-10% of the Estimated Project Cost and (ii) the Bid Price offered by the selected
Bidder.
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(ii) If the Bid Price offered by the Selected Bidder is lower than 20% of the Estimated
Project Cost, then the Additional Performance Security shall be calculated @ 30% of
the difference in the (i) Estimated Project Cost (as mentioned in RFP)-10% of the
Estimated Project Cost and (ii) the Bid Price offered by the Selected Bidder.
(iii) This Additional Performance Security shall be treated as part of the Performance
Security.
2.21.2 The Performance Security shall be valid until 60(sixty) days after the Defects Liability
Period. The Additional Performance Security shall be valid until 28 (twenty eight)
days after Project Completion Date.
2.21.3 The Selected Bidder has the option to provide 50% of the Performance Security and
50% of the Additional Performance Security, if any, within 30 (thirty) days of
receipt of Letter of Acceptance, in any case before signing of the Contract Agreement
and the remaining Performance Security and Additional Performance Security, if
any, shall be submitted within 30 days of signing of the agreement.
2.21.4 In the event the Selected Bidder fails to provide the remaining Performance Security
and Additional Performance Security, if any, as prescribed herein, it may seek
extension of time for a further period upto 60 days by paying the Damages upfront
along with the request letter seeking the extension. The Damages shall be the sum calculated
at the rate of 0.01% (zero point zero one per cent) of the Bid Price offered by the Selected
Bidder for each day until the Performance Security and Additional Performance Security, if
any, is provided in full as prescribed herein. The damages at full rate as given above shall be
applicable even if a part of the Performance Security and the Additional Performance
Security is provided.
2.21.5 For avoidance of any doubt, in case of failure of submission of Performance Security
and Additional Performance Security, if any, within the additional 60 days‘ time
period, the award shall be deemed to be cancelled/ withdrawn and the Bid Security
shall be encashed and the proceeds thereof appropriated by the Authority. Thereupon
all rights, privileges, claims and entitlements of the Contractor under or arising out of
the Award shall be deemed to have been waived by, and to have ceased with the
concurrence of the Contractor, and the Award shall be deemed to have been
withdrawn by the Authority
2.22 The agreement will be executed within 10 days of receipt of 50% Performance
Security and 50% of Additional Performance Security, if any, as per sub-clause 2.21
above.
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SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING &
EVALUATION OF FINANCIAL BIDS
3.1 Evaluation of Technical Bids
3.1.1 The Authority shall open the BIDs received physically & online at 1200 hours IST on
10.03.2023, at the place specified in Clause 2.11.4 (i); and in the presence of the Bidders who choose to
attend. Technical BID of only those Bidders shall be online opened whose documents listed at clause
2.11.2 of the RFP have been received physically. The Authority shall prepare minutes of the BID
opening, including information disclosed to those present at the time of BID opening.
3.1.2 Technical Bids of those Bidders who have not submitted their Bid online, shall not be considered
for opening and evaluation.
3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained in formats
other than those specified herein, the Authority may, in its sole discretion, exclude the relevant
information for consideration of eligibility and qualification of the Bidder.
3.1.4 To facilitate evaluation of Technical BIDs, the Authority may, at its sole discretion, seek
clarifications in writing from any Bidder regarding its Technical BID. Such clarification(s) shall
be provided within the time specified by the Authority for this purpose. Any request for
clarification(s) and all clarification(s) in response thereto shall be in writing. The bids will be
examined and evaluated in accordance with the provisions set out in this Section 3. The
Authority will subsequently flag issues, if any with the data updated by the Bidders.
3.1.5 If a Bidder does not provide clarifications sought under Clause 3.1.4 above within the
prescribed time, its Bid may be liable to be rejected. In case the Bid is not rejected, the
Authority may proceed to evaluate the Bid by construing the particulars requiring clarification
to the best of its understanding, and the Bidder shall be barred from subsequently questioning
such interpretation of the Authority.
3.1.6 Tests of responsiveness
3.1.6.1 As a first step towards evaluation of Technical BIDs, the Authority shall determine whether
each Technical BID is responsive to the requirements of this RFP. A Technical BID shall be
considered responsive only if:
(a) Technical BID is received online as per the format at Appendix-IA including Annexure I, IV, V
and VI (Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically or CPPP as mentioned;
(c) Technical Bid is accompanied by the BID Securing Declaration as specified in Clause 2.1.4 and
2.20;
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(d) The Power of Attorney is uploaded on e-procurement portal as specified in Clauses
2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of Joint Venture and the
Joint Bidding Agreement as specified in Clause 2.1.6, if so required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Copy of online receipt towards payment of cost of Bid document/RFP of required amount (as
mentioned in Datasheet) is received;
3.1.6.2 The Authority reserves the right to reject any Technical BID which is non-responsive and no
request for alteration, modification, substitution or withdrawal shall be entertained by the
Authority in respect of such BID.
3.1.7 In the event that a Bidder claims credit for an Eligible Project, and such claim is determined by
the Authority as incorrect or erroneous, the Authority may reject / correct such claim for the
purpose of qualification requirements.
3.1.8 The Authority will get the BID securing declaration from the bidder, the Authority will evaluate
the Technical BIDs for their compliance to the eligibility and qualification requirements
pursuant to clause 2.2.1 & 2.2.2 of this RFP.
3.1.9 After evaluation of Technical Bids, the Authority will publish a list of Technically Responsive
Bidders whose financial bids shall be opened. The Authority shall notify other Bidders that they
have not been technically responsive. The Authority will not entertain any query or clarification
from Applicants who fail to qualify.
3.2 Opening and Evaluation of Financial Bids

The Authority shall inform the venue and time of online opening of the Financial Bids to the
technically responsive Bidders through e-procurement portal and e-mail. The Authority shall
open the online Financial Bids of the technically responsive Bidders only on scheduled date and
time in the presence of the authorized representatives of the Bidders who may choose to
attend. The Authority shall publicly announce the Bid Prices quoted by the technically
responsive Bidder. Thereafter, the Authority shall prepare a record of opening of Financial
Bids.
3.3 Selection of Bidder
3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as responsive in
terms of Clause 3.1.6.The bidder shall be declared as the selected Bidder (the “Selected
Bidder”) in pursuance to the procedure defined hereunder:
(i) Among all the responsive bidder, the lowest bidder will be termed as L1. If L1 is ‘Class-I
Local Supplier’, the contract will be awarded to L1.
(ii) If L1 is not ‘Class - I local supplier’ the lowest bidder among the ‘Class - I local supplier’,
will be invited to match L1 price subject to Class I local supplier’s quoted price falling within
the margin of purchase preference, and the contract will be awarded to such ‘Class - I local
supplier’ subject to matching the L1 price.
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(iii)In case such lowest eligible ‘Class - I local supplier’ fails to match the L1 price, the ‘Class - I
local supplier’ with the next higher bid within the margin of purchase preference shall be
invited to match the L1 price and so on and contract shall be awarded accordingly.
In case none of the ‘Class - I local supplier’ within the margin of purchase preference matches
the L1 price, the contract shall be awarded to the L1 bidder.
‘Margin of purchase preference’ means the maximum extent to which the price quoted by a
‘Class - I local supplier’ may be above the L1 for the purpose of purchase preference. The
margin of purchase preference shall be 20%.
3.3.2 In the event that two or more Bidders quote the same BID Price (the "Tie BIDs"), the
Authority shall identify the Selected Bidder by draw of lots, which shall be conducted, with
prior notice, in the presence of the Tie Bidders who choose to attend.
3.3.3 In the event that the Lowest Bidder is not selected for any reason except the reason mentioned in
Clause 2.1.12 (b) (4), the Authority shall annul the Bidding Process and invite fresh BIDs. In
the event that the Authority rejects or annuls all the BIDs, it may, in its discretion, invite all
eligible Bidders to submit fresh BIDs hereunder.
3.3.4 After selection, a Letter of Acceptance (the “LoA”) shall be issued in the format set forth in
Appendix-VIII, in duplicate, by the Authority to the Selected Bidder and the Selected Bidder
shall, within 7(seven) days of the receipt of the LOA, sign and return the duplicate copy of the
LoA in acknowledgement thereof. In the event the duplicate copy of the LoA duly signed by the
Selected Bidder is not received by the stipulated date, the Authority may, unless it consents to
extension of time for submission thereof, appropriate action shall be taken as per BID Securing
declaration submitted by such Bidder as Damages on account of failure of the Selected Bidder to
acknowledge the LoA.
3.3.6 After acknowledgement of the LoA as aforesaid by the Selected Bidder, it shall cause the Bidder
to submit Performance Security and Additional Performance Security (if any) within the period
prescribed/extended by Authority and then execute the Agreement within the period prescribed
in Clause 1.3. The Selected Bidder shall not be entitled to seek any deviation, modification or
amendment in the Agreement.
3.3.6 Deleted
3.4 Contacts during BID Evaluation
BIDs shall be deemed to be under consideration immediately after they are opened and until
such time the Authority makes official intimation of award/ rejection to the Bidders. While the
BIDs are under consideration, Bidders and/ or their representatives or other interested parties
are advised to refrain, save and except as required under the Bidding Documents, from
contacting by any means, the Authority and/ or their employees/ representatives on matters
related to the BIDs under consideration.
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3.5 Correspondence with Bidder
Save and except as provided in this RFP, the Authority shall not entertain any correspondence
with any Bidder in relation to the acceptance or rejection of any Bid.
3.6 Any information contained in the Bid shall not in any way be construed as binding on the
Authority, its agents, successors or assigns, but shall be binding against the Bidder if the Project
is subsequently awarded to it on the basis of such information.
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SECTION-4
FRAUD AND CORRUPT PRACTICES
4.1 The Bidders and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process and subsequent to the issue of the LoA
and during the subsistence of the Agreement. Notwithstanding anything to the contrary
contained herein, or in the LoA or the Agreement, the Authority may reject a BID, withdraw
the LoA, or terminate the Agreement, as the case may be, without being liable in any manner
whatsoever to the Bidder, if it determines that the Bidder, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice in the Bidding Process. In such an event, the Authority shall be entitled to
forfeit and appropriate the Performance Security, as the case may be, as Damages, without
prejudice to any other right or remedy that may be available to the Authority under the Bidding
Documents and/ or the Agreement, or otherwise.
4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights and
remedies which the Authority may have under the LoA or the Agreement, or otherwise if a
Bidder or Contractor, as the case may be, is found by the Authority to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice during the Bidding
Process, or after the issue of the LoA or the execution of the Agreement, such Bidder shall not
be eligible to participate in any tender or RFP issued by the Authority during a period of 2
(two) years from the date such Bidder, or Contractor, as the case may be, is found by the
Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as
the case may be.
4.3 For the purposes of this Section 4, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) “corrupt practice” means the offering, giving, receiving or soliciting of anything of value,
pressurizing to influence the action of a public official in the process of tendering and execution
of the project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or

disclosure of incomplete facts, in order to influence the Bidding Process;
(c) “coercive practice” means impairing or harming, or threatening to impair or harm, directly or
indirectly, any person or property to influence any person’s participation or action in the
Bidding Process;
(d) “undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the Authority with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of
Interest; and
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(e) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement
among Bidders with the objective of restricting or manipulating a full and fair competition in
the Bidding Process.
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SECTION-5
PRE-BID CONFERENCE
5.1 Pre-BID conference of the Bidders shall be convened at the designated date, time and place. A
maximum of two representatives of prospective Bidders shall be allowed to participate on
production of authority letter from the Bidder.
5.2 During the course of Pre-Bid conference(s), the Bidders will be free to seek clarifications and
make suggestions for consideration of the Authority. The Authority shall endeavor to provide
clarifications and such further information as it may, in its sole discretion, consider appropriate
for facilitating a fair, transparent and competitive Bidding Process.
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SECTION-6
MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of India
and the Courts at [Srinagar in J&K State (UT)] shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/ or in connection with the Bidding Process.
6.2 The Authority, in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the Bidding
Process or modify the dates or other terms and conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further information;
(c) retain any information and/ or evidence submitted to the Authority by, on behalf of, and/ or in
relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all submissions or other
information and/ or evidence submitted by or on behalf of any Bidder.
6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases the Authority, its
employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all
liability for claims, losses, damages, costs, expenses or liabilities in any way related to or
arising from the exercise of any rights and/ or performance of any obligations hereunder,
pursuant hereto and/ or in connection with the Bidding Process and waives, to the fullest extent
permitted by applicable laws, any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or in future.
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SECTION-7
DATA SHEET
(As Mentioned in RFP)
1. Bidding Schedule (Refer Clauses 1.1.5, 1.3, 2.11.4(i), 2.12, 2.13, 2.14.2.3, 2.15.2 & 3.1.1).
Sl. No. Event Description Date

1 Invitation of RFP (NIT) 14.01.2023 at 1700 Hrs
2 Last date for receiving queries 01.03.2023 at 1100 hrs
3 Pre-BID meeting 01.03.2023 at 1500 Hrs
4 Authority response to queries latest by 09.03.2023
5 Last date of Request for BID Document 09.03.2023 at 1500 HRS
6 BID Due Date 09.03.2023 up to 1500 hrs]
7 Physical Submission of Bid Documents/POA etc. 09.03.2023 up to 1500 hrs]
8 Opening of Technical BIDs at venue 2.11.4 (i) 10.03.2023 up to 1200 hrs]
9 Declaration of eligible / qualified Bidders To be intimated later
10 Opening of Financial BID
11 Letter of Acceptance (LOA)
12 Return of signed duplicate copy of LOA
13 Validity of BID [120 days from BID Due Date]
14 Submission of Performance Security(PS) and Within 30 days of receipt of LOA.
Additional Performance Security (APS), if any (The bidder has the option to provide
50% of PS and APS, if any within 30
days of receipt of LOA and the
remaining PS and APS, if any to be
provided within 30 days of signing of
agreement).
15 Signing of Agreement Within 10 days from the receipt of
50% of Performance Security and
50% of Additional Performance
Security, if any
Cost of BID/RFP document (Refer Clauses No. 1.2.4) : 11800/- (Incl. of 18% GST)
2. Officer Designated (Refer Clauses No. 1.2.9 & 2.11.4):
Name : Rajesh Chandar

Designation : Superintending Engineer, Director EPC
Address : HQ CE (P) Beacon
C/o 56 APO
Pin-931706
E-MAIL ADDRESS bro-dircont@bro.gov.in
3. Threshold Technical Capacity (Refer Clause 2.2.2.2(i)) : Rs 76.00 Crore
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5 Data/Details for similar work (Technical Capacity) :
(Refer Clause No. 2.2.2.2 )
5.1 Definition : (2.2.2.2(iii)b)
a Estimated Project Cost (Excl. GST) : 76 Crs
b Tunnel/Major Bridge (if any) : Tunnel
6 Performance Security (Refer Clause No. 2.21.1) : Equal to 3% (three percent) of its Bid
Price.
7 Financial Years : Sr. Year Up-dation Financial
No No factor Year
1 Year 1 1.00 FY 2021-22
2 Year 2 1.05 FY 2020-21
3 Year 3 1.10 FY 2019-20
4 Year 4 1.15 FY 2018-19
5 Year 5 1.20 FY 2017-18
Note: In case of more no. of years the upgradation
factor will increase by 5%.
8 Bid Security : RS. 76.00 Lakh
Guidance Note
Note 1 : The cost of Bid/RFP document may be determined at the rate of Rs. 10,000 for every Rs. 100
crore or part thereof comprising the Estimated Project Cost. Thus the cost of an RFP document for a
project of Rs. 200 crore shall be Rs. 20,000. GST @18% must be added in the Bid/RFP document cost.
Note 2 : The Threshold Technical Capacity amount should be as follows:
As Estimated Project Cost (EPC) of the Project being invited Threshold Technical Capacity
1 Estimated Project Cost< = 100 Crore 0.75 time of Estimated
Project Cost
2 Estimated Project Cost> 100 Crore &< = 500 Crore 1.0 time of Estimated Project
Cost
3 Estimated Project Cost> 500 Crore &< = 1000 Crore project 1.0 times of Estimated Project
Cost
4 Estimated Project Cost> = 1000 Crore project 1.0 times of Estimated Project
Cost or Rs. 1000 crore,
whichever is less.
5 Estimated Project Cost> 1000 Crore of standalone specialized 1.0 times of Estimated Project
projects Cost or Rs. 1000 crore,
whichever is less.
Note 3: While extending the BID Due Date on account of an addendum, the Authority shall have due
regard for the time required by Bidders to address the amendments specified therein. In the case of
significant amendments, at least 15(fifteen) days shall be provided between the date of amendment and
the BID Due Date, and in the case of minor amendments, at least 7 (seven) days shall be provided.
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APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)
The Chief Engineer

Project Beacon
C/o 56 APO
Pin-931706
Sub: BID for Rehabilitation of 2.5 Km long Jawahar Tunnel (Twin Tube-Single lane
Tunnel) on NH-44 in the State of Jammu & Kashmir now UT on Engineering,
Procurement & Construction (EPC) mode
Dear Sir,
With reference to your RFP document dated *** **$, I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our BID for the aforesaid Project.
The BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided in the BID
and the documents accompanying the BID for selection of the Contractor for the aforesaid
Project, and we certify that all information provided in the Bid and its the Annexure I to VI
along with the supporting documents are true and correct; nothing has been omitted which
renders such information misleading; and all documents accompanying the BID are true copies
of their respective originals.
3. This statement is made for the express purpose of our selection as EPC Contractor for the
development, construction, rehabilitation and augmentation of the aforesaid Project and
maintenance of the Project during the Defect Liability Period.
4. I/ We shall make available to the Authority any additional information it may find necessary or
require to supplement or authenticate the BID.
5. I/ We acknowledge the right of the Authority to reject our BID without assigning any reason
or otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to
challenge the same on any account whatsoever.
6. I/ We certify that in the last two years, we/ any of the JV partners have neither failed to perform
for the works of Expressways, National Highways, ISC & EI works,, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitration award against us, nor been expelled or terminated by Ministry of Road Transport &
Highways or its implementing agencies for breach on our part.
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7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents, including any
Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c) and 6.4 of the
RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as
defined in Clause 4.3 of the RFP document, in respect of any tender or request for proposal
issued by or any Agreement entered into with the Authority or any other public sector
enterprise or any government, Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity with the
provisions of Section 4 of the RFP, no person acting for us or on our behalf has engaged
or will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the RFP for the
Project and information mentioned for the evaluation of the BID Capacity in Annexure VI were
true and correct as on the date of making the Application and are also true and correct as on the
BID Due Date and I/we shall continue to abide by them.
8. I/ We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any BID that you may receive nor to invite the Bidders to BID for the
Project, without incurring any liability to the Bidders, in accordance with Clause 2.16.2 of the
RFP document.
9. I/We believe that we/our Joint Venture satisfy(s) the Threshold Technical Capacity, Net Worth
criteria and meet(s) the requirements as specified in the RFP document.
10. I/ We declare that we/ any Member of the Joint Venture or our/Joint Venture member, are not a
Member of any other Joint Venture submitting a BID for the Project.
11. I/ We certify that in regard to matters other than security and integrity of the country, we/ any
Member of the Joint Venture or any of our/their Joint venture member have not been convicted
by a Court of Law or indicted or adverse orders passed by a regulatory authority which could
cast a doubt on our ability to undertake the Project or which relates to a grave offence that
outrages the moral sense of the community.
12. I/ We further certify that in regard to matters relating to security and integrity of the country,
we/ any Member of the Joint Venture or any of our/their Joint venture member have not been
charge-sheeted by any agency of the Government or convicted by a Court of Law.
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13. I/ We further certify that no investigation by a regulatory authority is pending either against
us/any member of Joint Venture or against our CEO or any of our directors/ managers/
employees.
14. I/ We further certify that we are not disqualified in terms of the additional criteria specified by
the Department of Disinvestment in their OM No. 6/4/2001-DD-II dated 13.7.01, a copy of
which forms part of the RFP at Annexure VII of AppendixIA thereof.
15. I/ We undertake that in case due to any change in facts or circumstances during the Bidding
Process, we are attracted by the provisions of disqualification in terms of the guidelines
referred to above, we shall intimate the Authority of the same immediately.
16. I/We further acknowledge and agree that in the event such change in control occurs after
signing of the Agreement upto its validity. It would, notwithstanding anything to the contrary
contained in the Agreement, be deemed a breach thereof, and the Agreement shall be liable to
be terminated without the Authority being liable to us in any manner whatsoever.
17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage at law or
howsoever otherwise arising to challenge or question any decision taken by the Authority in
connection with the selection of the Bidder, or in connection with the Bidding Process itself, in
respect of the above mentioned Project and the terms and implementation thereof.
18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a
Agreement in accordance with the draft that has been provided to me/us prior to the BID Due
Date. We agree not to seek any changes in the aforesaid draft and agree to abide by the same.
19. I/ We have studied all the Bidding Documents carefully and also surveyed the [project highway
and the traffic]. We understand that except to the extent as expressly set for thin the Agreement,
we shall have no claim, right or title arising out of any documents or information provided to us
by the Authority or in respect of any matter arising out of or relating to the Bidding Process
including the award of Agreement.
20. I/ We submit a BID Securing Declaration to the Authority in accordance with the RFP
Document.
21. The BID Securing Declaration in the prescribed format as per Appendix-II is attached.
22. The documents accompanying the Technical BID, as specified in Clause 2.11.1 of the RFP,
have been submitted in separate files.
23. I/ We agree and understand that the BID is subject to the provisions of the Bidding Documents.
In no case, I/we shall have any claim or right of whatsoever nature if the Project / Contract is
not awarded to me/us or our BID is not opened or rejected.
24. The BID Price has been quoted by me/us after taking into consideration all the
terms and conditions stated in the RFP, draft Agreement, our own estimates of costs and after a
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careful assessment of the site and all the conditions that may affect the project cost and
implementation of the project.
25. I/ We agree and undertake to abide by all the terms and conditions of the RFP document.
26. {We, the Joint Venture agree and undertake to be jointly and severally liable for. all the
obligations of the EPC Contractor under the Contract Agreement}.
27. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID Due
Date specified in the RFP.
28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid for
undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.
In witness thereof, I/we submit this BID under and in accordance with the terms of the RFP
document.
29. I/We (any partner in case of JV) shall not be in Corporate Insolvency Resolution Process
(CIRP)/ Liquidation/ Winding up/ CDR/SDR/S4A/flexible structuring or any other
restructuring scheme due to financial stress and shall not be in a default on any debt obligations
as on the Bid Due Date. An undertaking of bidder (all partners in case of JV) duly certified by
the statutory auditor of the bidder must be submitted along with the bid.
Yours faithfully,
Date:
(Signature, Name and designation of the Authorised signatory)
Place:
Name & seal of Bidder/Lead Member
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to it,
and ‗Deleted‘ may be indicated there
55 | P a g e
APPENDIX – IB
Letter comprising the Financial BID
(Refer Clauses 2.1.5, 2.11.1 and 3.1.6)
The Chief Engineer

Project Beacon
C/o 56 APO
Pin-931706
Sub: BID for “[………..Name of the Work……….]”.
Dear Sir,
With reference to your RFP document dated _____, I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our BID for the aforesaid Project. The
BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided in the BID and
the documents accompanying the BID for selection of the Contractor for the aforesaid Project, and
we certify that all information provided in the Bid are true and correct; nothing has been omitted
which renders such information misleading; and all documents accompanying the BID are true
copies of their respective originals.
3. The BID Price has been quoted by me/us after taking into consideration all the terms and
conditions stated in the RFP, draft Agreement, our own estimates of costs and after a careful
assessment of the site and all the conditions that may affect the project cost and implementation of
the project.
4. I/ We acknowledge the right of the Authority to reject our BID without assigning any reason or
otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to challenge
the same on any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a
Agreement in accordance with the draft that has been provided to me/us prior to the BID Due Date.
We agree not to seek any changes in the aforesaid draft and agree to abide by the same.
6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID Due Date
specified in the RFP.
7. I/ We hereby submit our BID and offer a BID Price mentioned in the Financial Bid submitted
online for undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.
Yours faithfully,
Date: (Signature, name and designation of the Authorised Signatory)
Place:
Name & seal of Bidder/Lead Member:.......... Class III DSC ID
of Authorised Signatory:.............
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to it, and
‘Deleted’ may be indicated there.
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Appendix IA
Annex-I
ANNEX-I
Details of Bidder
1.(a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in India:
(d) Date of incorporation and/ or commencement of business:
2. Brief description of the Bidder including details of its main lines of business and proposed role
and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication for the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
4. Particulars of the Authorised Signatory of the Bidder:

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number
5. In case of a Joint Venture:
(a) The information above (1-4) should be provided for all the Members of the
Joint Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause
2.1.11(f) should be attached to the Application.
(c)Information regarding the role of each Member should be provided as per table below:
Name of Member Role* Share of work in the
{Refer Clause Project{Refer
2.1.11(d)}$ Clauses
2.1.11(a), (f) & (g)}
* The role of each Member, as may be determined by the Applicant, should be indicated in
accordance with instruction 4 at Annex-IV.
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Appendix IA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.18 for each Member of the
Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint Venture been barred
by the Ministry of Road Transport & Highways or its
implementing agencies for the works of Expressways,
National Highways, ISC and El works,from participating in
bidding.
2 If the answer to 1 is yes, does the bar subsist as on BID due
date.
6(a) I/ We certify that in the last two years, we/ any of the JV partners have neither failed to
perform for the works of Expressways, National Highways, ISC & EI works, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitral award against us, nor been expelled or terminated by Ministry of Road Transport &
Highways or its implementing agencies for breach on our part.
(b) I/ We certify that we/ any of the JV partners do not fall in any of the categories of being a
Non-Performing entity given at Clause 2.1.14 of Instructions to Bidders in the projects of
Expressways, National Highways, ISC and EI works of Ministry of Road Transport &
Highways or its implementing agencies and furnished the complete details
7(a) I/ We further certify that no investigation by a regulatory authority is pending either

against us/any member of Joint Venture or our sister concern or against our CEO or any of our
directors/managers/employees.
(b) I/ We further certify that no investigation by any investigating agency in India or outside is
pending either against us/ any member of Joint Venture or our sister concern or against our
CEO or any of our directors/managers/employees.
A statement by the Bidder and each of the Members of its Joint Venture (where applicable)
disclosing material non-performance or contractual non-compliance in current projects, as on
bid due date is given below (attach extra sheets, if necessary) w.r.t. para 2.1.14.
Name of the Bidder /Member of JV:
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Sr. Categories of Non-Performer Name of the
No. projects(s)
(i) Fails to set up institutional mechanism and procedure as
per contract
(ii) Fails to mobilize key construction equipment within a

period of 4 months from the Appointed Date.
(iii) Fails to complete or has missed any milestone and

progress not commensurate with contiguous
unencumbered project length /ROW available even after
lapse of 6 months from respective project
milestone/Schedule Completion date, unless Extension of
Time has been granted due to Authority's Default or Force
Majeure.
(iv) Fails to achieve progress commensurate with funds

released from Escrow Account (Equity + Debt 4- Grant)
in BOT or HAM project and variation is more than 25% in
the last 365 days.
(v) Fails to achieve the target progress or complete the project
as per schedule agreed at the time of sanctioning of funds
under One Time Funds Infusion (0TH) or relaxations to
contract conditions to improve cash flow solely on
account of Concessionaire's/contractor's failure/default.
(vi) Fails to complete rectification (excluding minor

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

instances in a project as per time given in non-conformity
reports (NCR) in design/completed works/maintenance.
(viii) Fails to fulfil its obligations to maintain a highway in a
satisfactory condition in spite of two rectification notices
issued in this regard.
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(ix) Damages/penalties recommended by Independent /
Authority's Engineer during O&M Period and remedial
works are still not taken up.
(x) Fails to complete Punch list items even after lapse of time
for completion of such items excluding delays attributable
to the Authority.
(xi) Occurrence of minor failure of structures/highway due to
due construction defect wherein no causalities are reported
(causalities include injuries to human being / animals).
(xii) Occurrence of major failure of structures/highway due to

due construction defect wherein no casualties are reported
(causalities include injuries to human being / animals).
(xiii) Occurrence of major failure of structures/highway due to
due to construction defect leading to loss of human lives
besides loss of reputation etc. of the authority.
(xiv) Fails to make premium payments excluding the current

installment in one or more projects.
(xv) Fails to achieve financial closure in two or more projects

within the given or extended period (which shall not be
more than six months in any case).
(xvi) Fails to submit the Performance Security within the
permissible time period in more than one project.
(xvii) Rated as an unsatisfactory performing entity/ non-
performing entity by an independent third-party agency
and so notified on the website of the Authority.
(xviii) Failed to perform for the works of Expressways, National
Highways, ISC ft El works in the last 2 (two) years, as
evidenced by imposition Of a penalty by an arbitral
judicial authority or a by imposition of a penalty by an
arbitral award against the Bidder, including individual or
any of its Joint Venture Member, as the case may be.
(xix) Expelled from the contract or the contract terminated by
the Ministry of Road Transport & Highways or its
implementing agencies for breach by such Bidder,
including individual or any of its Joint Venture Member
Provided that any such decision of expulsion or
termination of contract leading to debarring of the Bidder
from further participation in bids for the prescribed period
should have been ordered after affording an opportunity of
hearing to such party.
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(xx) Fails to start the works or causes delay in maintenance &
repair/overlay of the project.
I/ We certify that the list is complete and covers all the projects of Expressways, National
Highways, ISC and EI works of Ministry of Road Transport & Highways or its implementing
agencies and that we/ any of the JV partners do not fall in any of the above categories of being
a Non-Performing entity.
(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………………..
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Appendix IA
Annex-II
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant Proj ect Cate-$ Experience** (Equivalent Rs. crore)$$ Technical
type Code* gory Payments received Value of self Experience
£
for construction of construction in

Eligible Projects in Eligible Projects in
Categories 3 & 4 Categories 1 and 2
(1) (2) (3) (4) (5) (6)
Single a
entity b
Bidder or c
Lead d
Member e
including
f
other
members
of the Joint
Venture
Aggregate Technical Experience =
@
Provide details of only those projects that have been undertaken by the Applicant, or its Lead
member including members in case of joint venture, under its own name separately and/ or by a
project company eligible under Clause 2.2.2.6(i)(b). In case of Categories 1 and 2, include only
those projects which have an estimated capital cost exceeding the amount specified in Clause
2.2.2.6(i)(c) and for Categories 3 and 4, include only those projects where the payments
received exceed the amount specified in Clause 2.2.2.6(ii). In case the Bid Due Date falls within
3 (three) months of the close of the latest financial year, refer to Clause 2.1.17.
* Refer Annex-IV of this Appendix-I. Add more rows if necessary.

$
Refer Clause 2.2.2.5(i)
**Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project. In no
case shall the cost of maintenance and repair, operation of Highways and land be included
while computing the Experience Score of an Eligible Project.
$$
For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**) 1 to a
US Dollar.
1
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the Reserve Bank of
India for the relevant date.Where relevant date should be as on the date 28 (twenty eight) days prior to the Application Due
Date.
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£
. In the case of an Eligible Project situated in an OECD country, the Experience Score so
arrived at shall be further multiplied by 0.5, in accordance with the provisions of Clause
2.2.2.5(ii) and the product thereof shall be the Experience Score for such Eligible Projects.
NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I shall
be provided separately for other Members so as to establish that each such Member has 20
percent or more of the Threshold Technical Capacity. Such information may be provided as
Annex-IIA, Annex-IIB, Annex-IVA and Annex-IVB respectively. (Refer Clause 2.2.2.4).
63 | P a g e
Appendix IA
Annex-III ANNEX-
III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. Crore$)
Bidder type Net Cash Accruals Net

Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead Member

including other
members of the Joint Venture
TOTAL
Bidder type Annual Turnover Average

Annual
Year 1 Year 2 Year 3 Year 4 Year 5 Turnove
r (In
Rs.
crore$)
(Rs) Updatio (Rs) Updatio (Rs Updation (Rs.) Updatio (Rs) Updatio
n factor n factor ) factor n factor n factor
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6
x7+8x9+10x
11)/5
Single 1.00 1.05 1.10 1.15 1.20
entity
Bidder or
Lead
Member
including
other
members
of the Joint
Venture
………contd
Name & address of Bidder’s Bankers:
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$
For conversion of other currencies into rupees, see note below Annex-II of Appendix-I. £The Bidder
should provide details of its own Financial Capacity.
Instructions:
1. The Bidder shall attach copies of the balance sheets, financial statements and Annual Reports
for 5 (five) years preceding the Bid Due Date. The financial statements shall:
(a) reflect the financial situation of the Bidder;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no statements for partial
periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.
3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share capital and all
reserves created out of the profits and securities premium account, after deducting the aggregate
value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written
off, as per the audited balance sheet, but does not include reserves created out of revaluation of
assets, write-back of depreciation and amalgamation.
4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be the year
immediately preceding Year 1 and so on. In case the Bid Due Date falls within 3 (three) months
of the close of the latest financial year, refer to Clause 2.1.17.
5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be submitted in
accordance with Clause 2.1.15 (g) of the RFP document.
6. The Bidder shall also provide the name and address of the Bankers to the Bidder.
7. The Bidder shall provide an Auditor‘s Certificate specifying the net worth of the Bidder and also
specifying the methodology adopted for calculating such net worth in accordance with Clause
2.2.2.9 (ii) of the RFP document.
8. Format for Certificate of Net Worth by Statutory Auditor (Format Attached as AppendixX).
9. Format for Certificate of Turn Over by Statutory Auditor (Format Attached as AppendixXI).
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APPENDIX_IA
ANNEXURE-IV
ANNEX-IV
Details of Eligible Projects

(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self /Members
Item Refer Particulars

Instruction of the
Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work
executed and certified by the
Engineer-in- charge/Independent
Engineer/Authority‘s Engineer, and/or
(b) revenues appropriated for self-construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which 10
equity was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information provided in this
section is intended to serve as a back up for information provided in the Application.
Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total total payments received and/or revenues appropriated for self-construction
for each Eligible Project are to be stated in Annex-II of this Appendix-I. The figures53 to be
provided here should indicate the break-up for the past 5 (five) financial years. Year 1
refers to the financial year immediately preceding the Bid Due Date; Year 2 refers to the
year before Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause
2.1.13). For Categories 1 and 2, expenditure on construction of the project by the Applicant
itself should be provided, but only in respect of projects having an estimated
66 | P a g e
capital cost exceeding the amount specified in Clause 2.2.2.6(i)(c). In case of Categories 3
and 4, payments received only in respect of construction should be provided, but only if the
amount received exceeds the minimum specified in Clause 2.2.2.6(ii). Receipts for
construction works should only include capital expenditure, and should not include
expenditure on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to concession,
etc.) may be provided. In case of projects in Categories 3 and 4, similar particulars of the
client need to be provided with the details whether the work was executed as main
contractor or sub-contractor. In case the work has been executed as a sub-contractor of
the main contractor, approval of the Authority must be submitted alongwith the bid
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and
2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion, should
be indicated. In case of Categories 3 and 4, date of completion of construction should be
indicated. In the case of projects under construction, the likely date of completion or
commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning the
Eligible Project, held continuously during the period for which Eligible Experience is
claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice. In
other words, no double counting in respect of the same experience shall be permitted in any
manner whatsoever.
12. Certificate from the Bidder‘s statutory auditor $ or its respective clients must be furnished as
per formats below for each Eligible Project. In jurisdictions that do not have statutory
auditors, the auditors who audit the annual accounts of the Bidder may provide the requisite
certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a certificate
from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d)
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Certificate from the Statutory Auditor regarding PPP projects

Based on its books of accounts and other published information authenticated by it,
this is to certify that …………………….. (name of the Bidder) is/ was an
equity shareholder in
……………….. (title of the project company) and holds/held Rs. ……… cr.
(Rupees
………………………….. crore) of equity (which constitutes ……..% € of the total
paid up and subscribed equity capital) of the project company from …………...
(date) to …………….. (date)¥The project was/is commenced on ………(date)
and likely to be commissioned on
……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr.
(Rupees
…………………crore), of which the applicant has itself undertaken the construction
of project of Rs. ………(Rupees ………. Crores) excluding any part of the project
for which any contractor, sub-contractor or other agent was appointed for the
purpose of construction as per Clause 2.2.2.6(i) (d) by the aforesaid Applicant itself,
during the past five financial years as per year-wise details noted below:
………………………
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14. If the Bidder is claiming experience under Category 3 & 4 , as per Clauses 2.2.2.5 and
2.2.2.6(ii) of the RFP, it should provide a certificate from its Statutory Auditor/client/
Engineer-in charge/ Independent Engineer/Authority‘s Engineer in
the format below:
Certificate regarding construction works
Based on its books of accounts and other published information authenticated by it, This is
to certify that ……………………..(name of the Bidder) was engaged by
………………..(title of the project company) to execute ……………… (name of
project) for …………………. (nature of project). The construction of the project
commenced on
…………..(date) and the project was/ is likely to be commissioned on ……………
(date, if any). It is certified that Bidder received payments from its Clients for
Construction Works executed by them or work executed and certified by the Engineer-
in- charge/Independent Engineer/Authority‘s Engineer, in the aforesaid construction
works. We further certify that the total estimated capital cost of the project is Rs. ……
cr. (Rupees
…………………crore), of which the Applicant received or has executed the work as
certified by the Engineer-in-charge/Independent Engineer/Authority‘s Engineer Rs.
……… cr. (Rupees ……………………… crore), during the past five financial years as per
year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of the
Applicant who undertook these works as a partner or a member of joint venture. ♠
We further certify that applicant has a share of % in the Joint Venture/Consortium.
Date: (Authorized Signatory)
15. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of the
relevant project in computation of Experience.
16. To satisfy the qualification requirement under clause 2.2.2.2 (ii) & (iii), the bidder is
required to submit a certificate from project owning department/corporations signed
by Officer not below the level of Executive Engineer or equivalent.
 Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of
 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory auditor means the entity that audits and certifies the annual
accounts of the company. However, in case the work of other member(s) is also executed by the applicant, then this fact should also be certified by the Statutory Auditor and
accordingly the language may be suitably modified
♠ This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments indicated in the certificate should be restricted to the share
of Applicant in such partnership/ joint venture or as authorize sub-contractor. This portion may be omitted if the contract did not involve a partnership/ joint venture or
authorize sub-contractor. In case where work is not executed by partnership/ joint venture or authorize sub-contractor, this paragraph may be deleted. In case of unauthorized
sub-contractor proof of authorize sub-contracting has to be submitted
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Appendix –IA
Annex-V
ANNEX-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/ Lead Member of Joint Venture)
Ref. Date:
To,
**********************
Dear Sir,
We hereby confirm that we/ our members in the Joint Venture (constitution of which has
been described in the application) satisfy the terms and conditions laid out in the RFP
document.
We have agreed that …………………… (insert member‘s name) will act as the Lead
Member of our Joint Venture.*
We have agreed that ………………….. (insert individual‘s name) will act as our
representative/ will act as the representative of the Joint Venture on its behalf* and has
been duly authorized to submit the RFP. Further, the authorised signatory is vested with
requisite powers to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully, (Signature, name and
designation of the authorised signatory) For and on behalf
of……………………………..
*Please strike out whichever is not applicable.
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Appendix - IA Annexure-VI
Information required to evaluate the BID Capacity under clause 2.2.2.1:
To calculate the value of ―A‖ and ―C‖
1. A table containing value of Civil Engineering Works in respect of EPC Projects (Turnkey projects /
Item rate contract/ Construction works) undertaken by the Bidder during the last 5 years is as
follows (the amount of bonus received, if any, shall be indicated separately):
2.
Sl. Year Value of Civil Engg. Amount of Net Value
No. Works undertaken w.r.t. bonus (Rs. excluding
EPC Projects including in Crores) bonus (Rs. in
bonus, if any (Rs. Crores)
in Crores)
1 Year 1
2 Year 2
3 Year 3
4 Year 4
5 Year 5
3. Maximum value of projects that have been undertaken during the F.Y.out of the last 5 years and
value excluding amount of bonus thereof is Rs. Crores (Rupees). Further, value updated to the
price level of the year indicated in Appendix is as follows:
Rs. Crores x (Updation Factor as per Appendix) = Rs.

Crores (Rupees )
4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated to
the price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount of Updation Updated Amount of
No. Year Bonus (Rs. in Crores) Factor Bonus (Rs. in
Crores)
1 Year 1 1.00
2 Year 2 1.05
3 Year 3 1.10
4 Year 4 1.15
5 Year 5 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor‘s firm: Signature, name and designation of
Seal of the audit firm: (Signature, name Authorised Signatory
and designation and
Membership No. of For and on behalf of
: authorised
signatory) ………………(Name of the
Date: Place:
71 | P a g e
To calculate the value of “B”

A table containing value of all the existing commitments and on-going works to be
completed during the next ** years is as follows:
Name of Percentage of Dater of Construction Value of Value of Balance Anticip Balance
Project/ participation of start / period as per contract as work value of ated value of
Work Bidder in the appointed Agreement/ completed work to be date of work at
project date of LOA per completed comple 2018-
project Agreemen t tion 19/2018
/LOAβ price
level
Rs. in Crore Rs. in Rs. in Rs. in
Crore Crore Crore
2 3 4 5 6 7 8= (6-7) 9 10(3x
8x #)
# Updation Factor as given below:
For F.Y. / Calendar Updation

Year Year Factor
1 Year 1 1.00
2 Year 2 1.05
3 Year 3 1.10
4 Year 4 1.15
5 Year 5 1.20
The Statement showing the value of all existing commitments, anticipated value of work
to be completed in the period of construction of the project for which bid is invited and
ongoing works as well as the stipulated period of completion remaining for each of the
works mentioned above is verified from the certificate issued that has been countersigned
by the Client or its Engineer- in-charge not below the rank of Executive Engineer or
equivalent in respect of EPC Projects or Concessionaire / Authorised Signatory of SPV in
respect of BOT Projects. No awarded / ongoing works has been left in the aforesaid
statement which has been awarded to M/s………………individually / and other member
M/s ……………….. and M/s ………………., as on bid due date of this RFP.
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…………………….. …………………………
…………………….. ………………………….
Signature, name and designation Name of the Statutory Auditor‘s firm: Seal
of Authorised Signatory of the audit firm: (Signature, name and
designation and Membership No. of
Date:
authorised signatory)
Place:For and on behalf of ………………(
Name of the Bidder)
Date:
Place:

In case balance period of construction is less than the value of period of construction of the project for which bid is invited, then
full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of work to be completed in the period of
construction of the project for which bid is invited is to be mentioned. In the absence of the anticipated value of work to be
completed, the proportionate value shall be considered while evaluating the Assessed Available Bid Capacity.
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APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment

(Refer Clause1.2.1)
No. 6/4/2001-DD-II Government of India Department of Disinvestment
Block 14, CGO

Complex
New Delhi.
Dated 13th July, 2001.
OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector Enterprises
through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for Bidders interested in PSE-disinvestment so that the parties
selected through competitive bidding could inspire public confidence. Earlier, criteria like
net worth, experience etc. used to be prescribed. Based on experience and in consultation
with concerned departments, Government has decided to prescribe the following
additional criteria for the qualification/ disqualification of the parties seeking to acquire
stakes in public sector enterprises through disinvestment:
(a) In regard to matters other than the security and integrity of the country, any conviction by
a Court of Law or indictment/ adverse order by a regulatory authority that casts a doubt on
the ability of the Bidder to manage the public sector unit when it is disinvested, or which
relates to a grave offence would constitute disqualification. Grave offence is defined to be
of such a nature that it outrages the moral sense of the community. The decision in regard
to the nature of the offence would be taken on case to case basis after considering the facts
of the case and relevant legal principles, by the Government of India.
(b) In regard to matters relating to the security and integrity of the country, any charge-sheet
by an agency of the Government/ conviction by a Court of Law for an offence committed
by the bidding party or by any sister concern of the bidding party would result in
disqualification. The decision in regard to the relationship between the sister concerns
would be taken, based on the relevant facts and after examining whether the two concerns
are substantially controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that Government deems
appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment process, would
not be allowed to remain associated with it or get associated merely because it has
preferred an appeal against the order based on which it has been disqualified. The mere
pendency of appeal will have no effect on the disqualification.
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Appendix-IA Annexure-VII
Page-2
(e) The disqualification criteria would come into effect immediately and would apply to all
Bidders for various disinvestment transactions, which have not been completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be disqualified
would be issued to it and it would be given an opportunity to explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking Expression of
Interest (EOI) from the interested parties. The interested parties would be required to
provide the information on the above criteria, along with their Expressions of Interest
(EOI). The Bidders shall be required to provide with their EOI an undertaking to the
effect that no investigation by a regulatory authority is pending against them. In case any
investigation is pending against the concern or its sister concern or against its CEO or any
of its Directors/ Managers/ employees, full details of such investigation including the
name of the investigating agency, the charge/ offence for which the investigation has been
launched, name and designation of persons against whom the investigation has been
launched and other relevant information should be disclosed, to the satisfaction of the
Government. For other criteria also, a similar undertaking shall be obtained along with
EOI.
Sd/-
(A.K. Tewari)
Under Secretary to the Government of India
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Appendix - IA
Annexure-VIII
Annexure-VIII
Details of ongoing works (Ref Clause 10.3 (iv) of Draft EPC Agreement)
Name of the Contract Price Appointed Original Likely Date of Reason

work (INR Cr) Date Scheduled Completion for
Completion Delay#
Date
(In the event that the Bidder had failed to achieve the Completion of any project within a
period of 90 (ninety) days from the Schedule Completion Date of the project, unless such
failure had occurred due to Force Majeure or for reasons solely attributable to the
Authority, the Bidder shall be deemed to be ineligible for bidding this project (under
bidding), both as the sole party or as one of the parties of Joint Venture/ Consortium, if
any, during the period from Scheduled Completion Date to issuance of Completion
Certificate for that project. This restriction is applicable if the contract value of the
delayed project was not less than Rs. 300 Crore.)
#
To be supported with valid certificate issued from Independent Engineer / Authority‘s
Engineer
/ Supervision Consultant / Engineer-in-charge
I / We certify that all the information furnished above is true in all respects.
…………………………………………… Name of the Bidder
Signature of the authorized signatory:
Name of the Authorised Signatory:
Date:
Place:
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Place:______________ Appendix -IA
Annex-IX
Annex-IX
Details of Ongoing & Awarded (for which LOA has been issued) works in BRO
(Ref Clause 2.1.15 of Section-2 of RFP)
Sr. No. Name of Contract Price Date of issuance Appointed Original Progress as Likely date
the work (Rs. Crore) of LOA Date Scheduled on Date of
completion Completion
date
1
2
3
…..
I/We certify that all the information furnished above is true in all respects.
Name of the Bidder:

Signature of the Authorised Signatory:
Name of the Authorised Signatory:
Date:
Place:
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APPENDIX - II
Bid Securing Declaration
(Refer Clauses 2.20)
I hereby submit a declaration that the bid submitted by the undersigned, on behalf of the
bidder, (Name of the bidder), either sloe or in JV, shall not be withdrawn or modified during the period
of validity i.e not less than 180 (one hundred eighty) days from the bid due date.
I, on behalf of the bidder, (Name of the bidder), also accept the fact that in case the bid is
withdrawn or modified during the period of its validity or if we fail to sign the contract in case the work
is awarded to us or we fail to submit a performance security before the deadline in clause 7 of the
Request for Proposal (RFP), then (Name of the bidder) will be suspended for participation in the
tendering process for the works of MoRTH/NHAI/NHIDCL/BRO and works under other Centrally
Sponsored Scheme, for a period of one year from the bid due date of this work.
(Signature of the Authorised Signatory)

(Official-Seal)
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APPENDIX – II
Bank Guarantee for BID Security
(Refer Clauses 2.20)
B.G. No. Dated:
1. In consideration of you, ***, (hereinafter referred to as the “Authority”, which expression shall unless it be
repugnant to the subject or context thereof include its, successors and assigns) having agreed to receive the BID
of…………………… and having its registered office at ……………………… (and acting on behalf of its JV)
(hereinafter referred to as the “Bidder” which expression shall unless it be repugnant to the subject or context
thereof include its/their executors, administrators, successors and assigns), for the*** ** Project on EPC basis
(hereinafter referred to as “the Project”) pursuant to the RFP Document dated …………… issued in respect of the
Project and other related documents including without limitation the draft contract Agreement (hereinafter
collectively referred to as “Bidding Documents”), we (Name of the Bank) having our registered office at
………………… and one of its branches at …………………….. (hereinafter referred to as the “Bank”), at the
request of the Bidder, do hereby in terms of Clause 1.2.10 read with Clause 2.20 of the RFP Document,
irrevocably, unconditionally and without reservation guarantee the due and faithful fulfillment and compliance of
the terms and conditions of the Bidding Documents(including the RFP Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of Rs. *** ** (Rupees ***
** only) (hereinafter referred to as the “Guarantee”) as our primary obligation without any demur, reservation,
recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to fulfil or comply with all or
any of the terms and conditions contained in the said Bidding Documents.
2. Any such written demand made by the Authority stating that the Bidder is in default of the due and faithful
fulfilment and compliance with the terms and conditions contained in the Bidding Documents shall be final,
conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this Guarantee
without any demur, reservation, recourse, contest or protest and without any reference to the Bidder or any other
person and irrespective of whether the claim of the Authority is disputed by the Bidder or not, merely on the first
demand from the Authority stating that the amount claimed is due to the Authority by reason of failure of the
Bidder to fulfil and comply with the terms and conditions contained in the Bidding Documents including failure of
the said Bidder to keep its BID open during the BID validity period as set forth in the said Bidding Documents for
any reason whatsoever. Any such demand made on the Bank shall be conclusive as regards amount due and
payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an
amount not exceeding Rs. *** **(Rupees *** ** only).
4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one hundred and eighty) days
from the BID Due Date inclusive of a claim period of 60 (sixty) days or for such extended period as may be
mutually agreed between the Authority and the Bidder, and agreed to by the Bank, and shall continue to be
enforceable till all amounts under this Guarantee have been paid.
5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to whether the Bidder is in
default of due and faithful fulfilment and compliance with the terms and conditions contained in the Bidding
Documents including, inter alia, the failure of the Bidder to keep its BID open during the BID validity period set
forth in the said Bidding Documents, and the decision of the Authority that the Bidder is in default as
aforesaid shall be final and binding on us, notwithstanding any differences between the Authority and the
Bidder or any dispute pending before any Court, Tribunal, Arbitrator or any other Authority.
6. The Guarantee shall not be affected by any change in the constitution or winding up of the Bidder or
the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with any other person.
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7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank as the
principal debtor. The Authority shall have the fullest liberty without affecting in any way the liability o f
the Bank under this Guarantee from time to time to vary any of the terms and conditions contained in the
said Bidding Documents or to extend time for submission of the BIDs or the BID validity period or the
period for conveying acceptance of Letter of Award by the Bidder or the period for fulfilment and
compliance with all or any of the terms and conditions contained in the said Bidding Documents by the
said Bidder or to postpone for any time and from time to time any of the powers exercisable by it against
the said Bidder and either to enforce or forbear from enforcing any of the terms and conditions contained
in the said Bidding Documents or the securities available to the Authority, and the Bank shall not be
released from its liability under these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to the said Bidder or any other
forbearance, act or omission on the part of the Authority or any indulgence by the Authority to the said
Bidder or by any change in the constitution of the Authority or its absorption, merger or amalgamation
with any other person or any other matter or thing whatsoever which under the law relating to sureties
would but for this provision have the effect of releasing the Bank from its such liability.
8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if
addressed to the Bank and sent by courier or by registered mail to the Bank at the address set forth herein.
9. We undertake to make the payment on receipt of your notice of claim on us addressed to [name of
Bank along with branch address] and delivered at our above branch which shall be deemed to have been
duly authorised to receive the said notice of claim.
10. It shall not be necessary for the Authority to proceed against the said Bidder before proceeding
against the Bank and the guarantee herein contained shall be enforceable against the Bank,
notwithstanding any other security which the Authority may have obtained from the said Bidder or any
other person and which shall, at the time when proceedings are taken against the Bank hereunder, be
outstanding or unrealised.
11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the
previous express consent of the Authority in writing.
12. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute this Guarantee for
and on behalf of the Bank.
13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. ***
crore (Rupees *** ** crore only). The Bank shall be liable to pay the said amount or any part thereof only
if the Authority serves a written claim on the Bank in accordance with paragraph 9 hereof, on or before
[*** (indicate date falling 180 days after the BID Due Date)].
14. This guarantee shall also be operatable at our……………….. Branch at New Delhi, from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof shall be made available
on demand. In the contingency of this guarantee being invoked and payment thereunder claimed, the said
branch shall accept such invocation letter and make payment of amounts so demanded under the said
invocation.
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15. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging System)
platform & shall invariably send an advice of this Bank Guarantee to the designated bank of BRO. The
details of which is as under:
S. No. Particulars Details

1 Name of Beneficiary Chief Engineer, Project Beacon
2 Beneficiary Bank Account No. 11381956129
3 Beneficiary Bank Branch IFSC SBIN0000722
4 Beneficiary Bank Branch Name State Bank of India
Srinagar (J&K).
5 Beneficiary Bank Address SBI, Residence Road, Srinagar, J&K
Signed and Delivered by ………………………. Bank
By the hand of Mr./Ms …………………….., its ………………….. and authorised official.
(Signature of the Authorised Signatory)
(Official-Seal)
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APPENDIX-III
Format for Power of Attorney for signing of BID
(Refer Clause 2.1.5)
Know all men by these presents, We…………………………………………….. (name

of the firm and address of the registered office) do hereby irrevocably constitute,
nominate, appoint and authorize Mr./ Ms (name),
…………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is
presently employed with us/ the Lead Member of our Joint Venture and holding
the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
―Attorney‖) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our BID for the
Rehabilitation of 2.5 Km long Jawahar Tunnel (Twin Tube-Single lane Tunnel)
on NH-44 in the State of Jammu & Kashmir now UT on Engineering,
Procurement & Construction (EPC) mode proposed or being developed by the
Border Roads Organisation including but not limited to signing and submission of all
applications, BIDs and other documents and writings, participate in Pre-BID and other
conferences and providing information/ responses to the Authority, representing us in all
matters before the Authority, signing and execution of all contracts including the
agreement and undertakings consequent to acceptance of our BID, and generally dealing
with the Authority in all matters in connection with or relating to or arising out of our BID
for the said Project and/ or upon award thereof to us and/or until the entering into of the
EPC Contract with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds and
things done by our said Attorney in exercise of the powers hereby conferred shall and
shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL

HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF
............2….. For ………………………….. (Signature, name, designation and address)
of person authorized by Board Resolution (in case of Firm/ Company)/ partner in case of
Partnership firm
Witnesses:
1.
2.
Accepted
…………………………… (Signature)
(Name, Title and Address of the Attorney)(Notarised)
Person identified by me/ personally appeared before me/
Attested/ Authenticated* (*Notary to specify as applicable)
(Signature Name and Address of the Notary)
Seal of the Notary Registration No. of the Notary
Date:………………
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Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants(s) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.
 Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney
in favour of the person executing this Power of Attorney for the delegation of power
hereunder on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalised by the Indian Embassy if it carries a conforming Appostille certificate.
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APPENDIX-IV
Format for Power of Attorney for Lead Member of Joint Venture
Whereas the Border Roads Organisation, represented by its Chief Engineer, Project
Beacon, C/o 56 APO, Pin-931706 and having its principal offices at Srinagar (J&K) (“the
Authority”) has invited BIDs from prequalified applicants for the (“the Authority”) has
invited BIDs for the ― Rehabilitation of 2.5 Km long Jawahar Tunnel (Twin Tube-
Single lane Tunnel) on NH-44 in the State of Jammu & Kashmir now UT on
Engineering, Procurement & Construction (EPC) mode Project(the “Project”).
Whereas, …………………….., …………………….., and
……………………..
(collectively the ―Joint Venture‖) being Members of the Joint Venture are interested in
bidding for the Project in accordance with the terms and conditions of the Request for
Proposal (RFP) and other BID documents including agreement in respect of the Project,
and
Whereas, it is necessary for the Members of the Joint Venture to designate one of them as
the Lead Member with all necessary power and authority to do for and on behalf of the
Joint Venture, all acts, deeds and things as may be necessary in connection with the Joint
Venture‘s BID for the Project and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, …… having our registered office at ……., M/s. ….. having our registered office at
…, M/s.
… having our registered office at ….., and ….. having our registered office at ………,
(hereinafter collectively referred to as the ―Principals‖) do hereby irrevocably designate,
nominate, constitute, appoint and authorize M/S ……. having its registered office at
………., being one of the Members of the Joint Venture, as the Lead Member and true
and lawful attorney of the Joint Venture (hereinafter referred to as the ―Attorney‖). We
hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all
business for and on behalf of the Joint Venture and any one of us during the bidding
process and, in the event the Joint Venture is awarded the contract, during the execution
of the Project and in this regard, to do on our behalf and on behalf of the Joint Venture, all
or any of such acts, deeds or things as are necessary or required or incidental to the pre-
qualification of the Joint Venture and submission of its BID for the Project, including but
not limited to signing and submission of all applications, BIDs and other documents and
writings, participate in pre BID and other conferences, respond to queries, submit
information/ documents, sign and execute contracts and undertakings consequent to
acceptance of the BID of the Joint Venture and generally to represent the Joint Venture in
all its dealings with the Authority, and/ or any other Government Agency or any person,
in all matters in connection with or relating to or arising out of the Joint Venture‘s BID for
the in all respect Project and/ or upon award thereof till the EPC Contract is entered into
with the Authority & Compelled.
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AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise of
the powers conferred by this Power of Attorney and that all acts, deeds and things done by
our said Attorney in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us/ Joint Venture.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS …………………. DAY OF2..…
For …………………….. For …………………….. For ……………………..

(Signature) (Signature) (Signature)
…………………..
………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(To be executed by all the Members of the Joint Venture)
Witnesses: 1.
2.
Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
 Also, wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders’ resolution/ power of
attorney in favour of the person executing this Power of Attorney for the delegation of
power hereunder on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalised by the Indian Embassy if it carries a conforming Appostille certificate.
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APPENDIX V
Format for Joint Bidding Agreement for Joint Venture
(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of
………… 20…
AMONGST
1. {………… Limited, and having its registered office at ………… }

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

(hereinafter referred to as the ―Second Part‖ which expression shall, unless repugnant to
the context include its successors and permitted assigns)
AND
3.{………… Limited, and having its registered office at …………} (hereinafter referred
to as the ―Third Part‖ which expression shall, unless repugnant to the context include its
successors and permitted assigns)
The above mentioned parties of the FIRST, {SECOND and THIRD} PART are
collectively referred to as the “Parties” and each is individually referred to as a “Party‖
WHEREAS,
(A) The Border Roads Organisation, represented by its Chief Engineer, Project Beacon, C/o
56 APO, Pin-931706 and having its principal offices at Srinagar (J&K) (hereinafter
referred to as the ―Authority‖ which expression shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and assigns) has invited bids (the
Bids‖) by its Request for Proposal No. ………… dated …………(the ―RFP‖) for award
of contract for Rehabilitation of 2.5 Km long Jawahar Tunnel (Twin Tube-Single
lane Tunnel) on NH-44 in the State of Jammu & Kashmir now UT on
Engineering, Procurement & Construction (EPC) mode an EPC Contract.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint Venture
and in accordance with the terms and conditions of the RFP document and other bid
documents in respect of the Project, and
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(C) It is a necessary condition under the RFP document that the members of the Joint Venture
shall enter into a Joint Bidding Agreement and furnish a copy thereof with the
Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise requires, have
the meaning ascribed thereto under the RFP.
2. Joint Venture
2.1The Parties do hereby irrevocably constitute a Joint Venture (the ―Joint Venture‖) for the
purposes of jointly participating in the Bidding Process for the Project.
2.2The Parties hereby undertake to participate in the Bidding Process only through this Joint
Venture and not individually and/ or through any other Joint Venture constituted for this
Project, either directly or indirectly.
3. Covenants
The Parties hereby undertake that in the event the Joint Venture is declared the selected
Bidder and awarded the Project, it shall enter into an EPC Contract with the Authority for
performing all its obligations as the Contractor in terms of the EPC Contract for the
Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have the
power of attorney from all Parties for conducting all business for and on behalf of the
Joint Venture during the Bidding Process and for performing all its obligations as the
Contractor in terms of the EPC Contract for the Project.
(b) Party of the Second Part shall be {the Member of the Joint Venture; and}
(c) Party of the Third Part shall be {the Member of the Joint Venture.}
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all obligations
and liabilities relating to the Project and in accordance with the terms of the RFP and the
EPC Contract, till such time as the completion of the Project is achieved under and in
accordance with the EPC Contract.
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6. Share of work in the Project
The Parties agree that the proportion of construction in the EPC Contract to be allocated
among the members shall be as follows:
First Party: Second Party:

{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty one) per
cent of the total length of the project highway if the Contract is allocated to the Joint
Venture.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;
(b) The execution, delivery and performance by such Party of this Agreement has been
authorised by all necessary and appropriate corporate or governmental action and a copy
of the extract of the charter documents and board resolution/ power of attorney in favour
of the person executing this Agreement for the delegation of power and authority to
execute this Agreement on behalf of the Joint Venture Member is annexed to this
Agreement, and will not, to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to it;
(iii) violate the memorandum and articles of association, by-laws or other applicable
organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other governmental
authorisation, approval, judgement, order or decree or any mortgage agreement, indenture
or any other instrument to which such Party is a party or by which such Party or any of its
properties or assets are bound or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or
Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Party, except for encumbrances
that would not, individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement;
(c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
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(d) there is no litigation pending or, to the best of such Party's knowledge, threatened to
which it or any of its Affiliates is a party that presently affects or which would have a
material adverse effect on the financial condition or prospects or business of such Party in
the fulfillment of its obligations under this Agreement.
8. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and
effect until Project completion (the ―Defects Liability Period‖) is achieved under and in
accordance with the EPC Contract, in case the Project is awarded to the Joint Venture.
However, in case the Joint Venture is either not pre-qualified for the Project or does not
get selected for award of the Project, the Agreement will stand terminated in case the
Applicant is not pre-qualified or upon return of the Bid Security by the Authority to the
Bidder, as the case may be.
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of {India}.
9.2The Parties acknowledge and accept that this Agreement shall not be amended by the Parties
without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE
WRITTEN.SIGNED, SEALED AND DELIVERED
For and on behalf of
LEAD MEMBER SECOND PART THIRD PART

by:
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence
of:
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with
the procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favour of the person
executing this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member.
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3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalised
by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.
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APPENDIX VI
INTEGRITY PACT FORMAT
(To be executed on plain paper and submitted alongwith Technical Bid/Tender documents
for tenders having a value of Rs. 5 cr or above for Consultancy projects and 100 cr. or
above for Construction projects. To be signed by the Bidder and same signatory
competent/ authorized to sign the relevant contract on behalf of the MoRTH/BRO)
This integrity Pact is made at on this day of 20 .

BETWEEN
[President of India through Chief Engineer, Project Beacon, C/o 56 APO, Pin
931706], (hereinafter referred to as the ―Principal/Owner‖ which expression shall,
unless repugnant to the context or meaning thereof, include its administrators, successors
and assigns)
D
{Name and address of the Firm/Company},(hereinafter referred to as ―The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)‖ and which expression shall
unless repugnant to be meaning or context thereof include its successors and permitted
assigns.)
Preamble
Whereas, the Principal has floated the Tender {NIT No……….dtd…………………..}
(hereinafter referred to as ―Tender/Bid) and intends to award, under laid down
organizational procedure, contract/s for {Name of the work} (hereinafter referred to as the
―Contract‖).
And Whereas the Principal values full compliance with all relevant laws of the land, rules
of land, regulations, economic use of resources and of fairness/ transparency in its
relations with its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s). And
whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as ―Integrity Pact‖ or ―Pact‖) the terms and
conditions of which shall also be read as integral part and parcel of the Tender documents
and contract between the parties. Now, therefore, in consideration of mutual covenants
contained in this pact, the parties hereby agree as follows and this pact witnesses as under:
Article-1: Commitments of the Principal

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

Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit
himself to take all measures necessary to prevent corruption. He commits himself to
observe the following principles during his participation in the tender process and during
the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or
through any other person or firm, offer, promise or give to any of the Principal‘s
employees involved in the tender process or the execution of the contract or to any third
person any material or other benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage of any kind whatsoever during the tender process or
during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contract,
submission or nonsubmission or bids or any other actions to restrict competitiveness or to
introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for
purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or transmitted
electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall
disclose the name and address of the Agents/ Representatives in India, if any. Similarly,
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian Nationality shall
furnish the name and address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting his
bid, disclose any and all payments he has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the award of the contract.
He shall also disclose the details of services agreed upon for such payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any outside
influence through any Govt. bodies/quarters directly or indirectly on the bidding process
in furtherance of his bid.
Article - 3 Disqualification from tender process and exclusion from future contracts.
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-
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(1) 2, above or in any other form such as to put his reliability or credibility in question, the
Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a
transgression through a violation of Article-2 such as to put his reliability or credibility
into question, the Principal shall be entitled to exclude including blacklist and put on
holiday the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) for any future
tenders/ contract award process. The imposition and duration of the exclusion will be
determined by the severity of the transgression. The severity will be determined by the
Principal taking into consideration the full facts and circumstances of each case
particularly taking into account the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) and the amount of the damage. The exclusion will be
imposed for a maximum of 3 years.
(3) A transgression is considered to have occurred if the Principal after due consideration of
the available evidence concludes that ―On the basis of facts available there are no
material doubts‖.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent and
without any influence agrees and undertakes to respect and uphold the Principal‘s
absolute rights to resort to and impose such exclusion and further accepts and undertakes
not to challenge or question such exclusion on any ground, including the lack of any
hearing before the decision to resort to such exclusion is taken. This undertaking is given
freely and after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s)shall be final and binding on the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s), however, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) can
approach IEM(s) appointed for the purpose of this Pact.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation of integrity
pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall not be entitled
for any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) could be revoked by the Principal if the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s)can prove that he has restored/ recouped
the damage caused by him and has installed a suitable corruption prevention system in his
organization.
Article – 4: Compensation for Damages.
(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest Money
Deposit/ Bid Security or demand and recover the damages equivalent to Earnest Money
Deposit/ Bid Security apart from any other legal right that may have accrued to the
Principal.
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(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant‘s Default. In such case, the Principal shall be entitled to forfeit
the Performance Bank Guarantee of the Contractor/ Concessionaire/ Consultant and/ or
demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
Article – 5: Previous Transgressions

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

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

Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a
Bidder/ Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed Shri. R.S. Gujral as Independent External Monitor (herein
after referred to as ―Monitor‖) for this Pact. The task of the Monitor is to review
independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Director General
(Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the Monitor

has the right to access without restriction to all project documentation of the Principal
including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s).
The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)will also
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(4) grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to
Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
(5) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the
Monitor the option to participate in such meetings.
(6) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so
inform the Management of the Principal and request the Management to discontinue or
take corrective action, or to take other relevant action. The monitor can in this regard
submit non-binding recommendations. Beyond this, the Monitor has no right to demand
from the parties that they act in a specific manner, refrain from action or tolerate action.
(7) The Monitor will submit a written report to the Director General (Road Development) &
Special Secretary within 8 to 10 weeks from the date of reference or intimation to him by
the Principal and, should the occasion arise, submit proposals for correcting problematic
situations.
(8) If the Monitor has reported to the Director General (Road Development) & Special
Secretary, a substantiated suspicion of an offence under relevant IPC/PC Act, and the
Director General (Road Development) & Special Secretary has not, within the reasonable
time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner.
(9) The word 'Monitor' would include both singular and plural.
Article – 9 Pact Duration

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

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

To
___________________________ [name of Authority]
___________________________[address of Authority]
WHEREAS ___________[name and address of Contractor] (hereafter called the “Contractor”) has
undertaken, in pursuance of Letter of Acceptance (LOA) No. Dated _ for construction of [name of the
Project] (hereinafter called the “Contract”)
AND WHEREAS the Contract requires the Contractor to furnish an {Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under and in
accordance with the Contract, during the {Construction Period/ Defects Liability Period and
Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee Amount” 1 ).
AND WHEREAS we, ………………….. through our branch at
....................................................................................................................................................... (the
“Bank”) have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by way of
Performance Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as
follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance
of the Contractor’s obligations during the {Construction Period/ Defects Liability Period and
Maintenance Period} under and in accordance with the Contract, and agrees and undertakes to
pay to the Authority, upon its mere first written demand, and without any demur, reservation,
recourse, contest or protest, and without any reference to the Contractor, such sum or sums up
to an aggregate sum of the Guarantee Amount as the Authority shall claim, without the
Authority being required to prove or to show grounds or reasons for its demand and/or for the
sum specified therein.
A letter from the Authority, under the hand of an officer not below the rank of [General
Manager of National Highways & Infrastructure Development Corporation Limited], that the
Contractor has committed default in the due and faithful performance of all or any of its
obligations under and in accordance with the Contract shall be conclusive, final and binding
on the Bank. The Bank further agrees that the Authority shall be the sole judge as to whether
the Contractor is in default in due and faithful performance of its obligations during and under
the Contract and its decision that the Contractor is in default shall be final and binding on the
Bank, notwithstanding any differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other authority or
body, or by the discharge of the Contractor for any reason whatsoever.
2. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Contractor and/or the
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Bank, whether by their absorption with any other body or corporation or otherwise, shall not in any
way or manner affect the liability or obligation of the Bank under this Guarantee.
3. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to proceed
against the Contractor before presenting to the Bank its demand under this Guarantee.
4. The Authority shall have the liberty, without affecting in any manner the liability of the Bank under
this Guarantee, to vary at any time, the terms and conditions of the Contract or to extend the time or
period for the compliance with, fulfillment and/ or performance of all or any of the obligations of the
Contractor contained in the Contract or to postpone for any time, and from time to time, any of the
rights and powers exercisable by the Authority against the Contractor, and either to enforce or forbear
from enforcing any of the terms and conditions contained in the Contract and/or the securities
available to the Authority, and the Bank shall not be released from its liability and obligation under
these presents by any exercise by the Authority of the liberty with reference to the matters aforesaid
or by reason of time being given to the Contractor or any other forbearance, indulgence, act or
omission on the part of the Authority or of any other matter or thing whatsoever which under any law
relating to sureties and guarantors would but for this provision have the effect of releasing the Bank
from its liability and obligation under this Guarantee and the Bank hereby waives all of its rights
under any such law.
5. This Guarantee is in addition to and not in substitution of any other guarantee or security now or
which may hereafter be held by the Authority in respect of or relating to the Contract or for the
fulfillment, compliance and/or performance of all or any of the obligations of the Contractor under the
Contract.
6. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee is
restricted to the Guarantee Amount and this Guarantee will remain in force for the period specified in
paragraph 8 below and unless a demand or claim in writing is made by the Authority on the Bank
under this Guarantee all rights of the Authority under this Guarantee shall be forfeited and the Bank
shall be relieved from its liabilities hereunder.
7. The Guarantee shall cease to be in force and effect on ****$ . Unless a demand or claim under this
Guarantee is made in writing before expiry of the Guarantee, the Bank shall be discharged from its
liabilities hereunder.
8. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of the Authority in writing, and declares and warrants that it has the power to issue
this Guarantee and the undersigned has full powers to do so on behalf of the Bank.
9. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to the
Bank at its above referred branch, which shall be deemed to have been duly authorized to receive
such notice and to effect payment thereof forthwith, and if sent
$ Insert date atleast 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause 2.21 of the RFP). The Contractors can submit
the BG for periods of two years at one time and keep on renewing the same till the DLP is over if they have problems in getti ng the BG in one go for the
entire DLP. by post it shall be deemed to have been given at the time when it ought to have been delivered in due course of p ost and in proving such
notice, when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and a certificate signed by an officer of the
Authority that the envelope was so posted shall be conclusive.
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10. This Guarantee shall come into force with immediate effect and shall remain in force and effect
for up to the date specified in paragraph 8 above or until it is released earlier by the Authority
pursuant to the provisions of the Contract.
11. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision,
ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.
12. This guarantee shall also be operatable at our……….Branch at New Delhi, from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation.
13. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) platform & shall invariably send an advice of this Bank Guarantee to the designated bank of
[MoRT&H/NHAI/NHIDCL/State PWD/BRO], details of which is as under:
S.No. Particulars Details
1 Name of Beneficiary
2 Beneficiary Bank Account No.
3 Beneficiary Bank Branch
4 Beneficiary Bank Branch Name
5 Beneficiary Bank Address
Signed and sealed this ………. day of ……….., 20……… at ………..
SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
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Appendix-VIII (See Clauses 3.3.4)

Format of LoA
No.
Government of India
CHIEF ENGINEER PROJECT BEACON C/o 56 APO, PIN-931706
Dated,
To,
{Name of selected Bidder}

Subject: {project description}- Letter of Acceptance (LoA)-Reg. Reference: Your bid
for the subject work dated ……………..
Sir,
This is to notify you that your Bid dated ………… for execution of the {project
description}, at your quoted bid price amounting to Rs. ……………./- {amount in words}
has been determined to be the lowest evaluated bid and is substantially responsive
and has been accepted.
3. You are requested to return a duplicate of the LOA as an acknowledgement and sign the
Contract Agreement within the period prescribed in Clause 1.3 of the RFP.
4. You are also requested to furnish Performance Security for an amount of

………………….
{and Additional Performance Security for an amount of ……………………….} as per
Clause 2.21 of the RFP within 30 (thirty) days of receipt of this Letter of Acceptance
(LoA). In case of delay in submission of Performance Security and Additional
Performance Security, if any, you may seek extension of time for a period not exceeding
60 (Sixty) days on payment of Damages in accordance with Clause 2.21 of RFP.
5. In case of failure of submission of Performance Security, Additional Performance
Security (if any) and Security against Damages (if any) within the additional 60 (Sixty)
days time period, the award shall be deemed to be cancelled and Bid security shall be
encashed by the Authority as per Clause 2.21 of the RFP.
Yours faithfully,
Accepted by
(Name of the Authorized person)

(Name of the sole bidder/lead Partner of JV)
Seal of the bidder
{authorized signatory}
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Appendix-IX
Format of BOQ:
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Appendix-X
Letter Head of the Statutory Auditor
(Giving phone number, address and email address)
CERTIFICATE OF NET WORTH BY STATUTORY AUDITOR

1. This certificate is being issued on the request of ………..(Name of the Bidder and address) for
participating in tender in respect of National Highways and Infrastructure Development Corporation of
India Ltd. in accordance with the applicable auditing standards and guidance Note issued by the
Institute of Chartered Accountant of India.
2. We M/s …………..(Name of the Statutory Auditor) are statutory auditors of
…………..………..(Name of the Bidder) for the year ended 31st March 2022 (appropriate year
may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory Auditors of a company,
the form no. ADT 1.duly filed with the Registrar of Companies is attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of chartered accountants that
audited last financial statements/books of accounts shall be treated as Statutory Auditor while in
case of a company, the statutory auditor shall have same meaning as ‘Auditor’ defined under the
Companies Act, 2013.
3. We have obtained all relevant record and information that were necessary for providing this certificate.
4. We have read and understood the tender documents relating to financial (e.g. ‘Turnover’ and ‘Net
worth), verified the standalone audited financial statements of …… (Name of the Bidder), books of
accounts and other relevant records and information as at 31st March 2022 produced before us by
…………..………..(Name of the Bidder), and on basis of such verification, information and
explanation given to us, we certify that Net Worth of …………..………..(Name of the Bidder) as on
31 March 2022 has been computed strictly in compliance with the provision of clause 2.2.2.9(ii) of the
RFP documents of the NHIDCL and as under:
Sr. Particulars Amount (₹ in lakh) Remarks
No.
1 Paid of Equity Share Capital (This does not include advance

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

Chartered Accountant
(FRN: ………)
Name of CA: …………………..
Partner/Proprietor
Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………………
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Appendix-XI
Letter Head of the Statutory Auditor
(Giving phone number, address and email address)
CERTIFICATE OF TURNOVER BY STATUTORY AUDITOR
1. This certificate is being issued on the request of ………..(Name of the Bidder and address) for
participating in tender in respect of National Highways and Infrastructure Development
Corporation of India Limited in accordance with the applicable auditing standards and
guidance Note issued by the Institute of Chartered Accountant of India.
2. We M/s …………..(Name of the Statutory Auditor) are statutory auditors of
…………..………..(Name of the Bidder) for the year ended 31st March 2022 (appropriate year
may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory Auditors of a
company, the form no. ADT 1.duly filed with the Registrar of Companies is attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of chartered
accountants that audited last financial statements/books of accounts shall be treated as
Statutory Auditor while in case of a company, the statutory auditor shall have same
meaning as ‘Auditor’ defined under the Companies Act, 2013.
3. We have obtained all relevant record and information that were necessary for providing this
certificate.
4. We have read and understood the tender documents relating to financial and technical capacity
(e.g. ‘Turnover’ and ‘Net worth), verified the standalone audited financial statements of ……
(Name of the Bidder), books of accounts and other relevant records and information as at 31st
March 2022 produced before us by …………..………..(Name of the Bidder), and on basis of
such verification, information and explanation given to us, we certify as under:
S.No. Financial year Turnover (₹ In lakh)
1 Year 1 (2021-2022)
2 Year 2 (2020-2021)
3 Year 3 (2019-2020)
4 Year 4 (2018-2019)
5 Year 5 (2017-2018)
In case financial statements of the latest financial year are not audited and therefore, the bidder cannot make it
available, the bidder shall provide an undertaking to this effect and statutory auditor shall certify the same. In
such case, the bidder shall provide the audited financial statements for five years immediately preceding the year
for which the audited annual report is not being produced as per clause 2.2.2.8 of the RFP which shall be
considered for evaluation. In case, undertaking duly certified by Statutory auditor is not submitted under by the
bidder, under such circumstances, the annual turnover for the year for which audited annual financial
statements are not available shall be considered as ‘Nil’ for the purposes of arriving at the average annual
turnover.
104 | P a g e
5. Annual Turnover updated to the price level of the year, based on factors indicated in table xxx
of the tender documents, is given below:

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

construction/ civil /engineering activities and does not include any trading activity of
…………………………( Name of the Bidder).
For XYZ & Associates

Chartered Accountant
(FRN: ………)
Name of CA: …………………..
Partner/Proprietor
Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………………
105 | P a g e
Appendix-XII
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the General
Financial Rules (GFRs)
The CE(P) Beacon
Sub: BID for ****

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

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BORDER ROADS ORGANISATION

Engineering, Procurement & Construction

S.No. Contents Page No.

Notice Inviting RFP 4

3 Evaluation of Technical and Opening & Evaluation of financial 42

4 Fraud and Corrupt Practices 46

Tender No. CE (P) BCN/EPC/14/2022-23 Dated 14.01.2023

REHABILATION OF 2.5 KM 12 Months

Agreement As defined in Clause 1.1.4

Name of the National Highway Length Estimated Period for

(b) Design, Construction, Supply, Erection, Testing and Commissioning of Fire

Design, Construction, Manufacture, Supply, Erection, Testing and

• Power Supply system

(c) Design manufacture, supply, erection testing & commissioning of tunnel.

1.2 Brief description of Bidding Process

Sr.No Particulars Details

1.3 Schedule of Bidding Process

2.1. General terms of Bidding

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

2.1.9 This RFP is not transferable.

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

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

(iii) details of all their on-going projects in the format at Annexure-VIII of

i. An LOA issued for any project shall be counted as an on-going project.

For further clarification of point no (ii) above:

b. Certification of completion of Milestone-II from concerned Authority is

2.1.16 All Orders of Ministry of Finance/DPIIT/any other Government agencies, as

2.1.18 Upon declaration of non-performer/debarred, the Contractor/Concessionaire will

2.1.20 Debarment/declaration as non-performer of a particular firm shall automatically

2.2. Eligibility and qualification requirements of Bidder

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

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

b. A subsidiary of an entity incorporated, established or registered in such

c. An entity substantially controlled through entities incorporated,

d. An entity whose beneficial owner is situated in such a country; or

e. An Indian (or other) agent of such an entity; or

f. A natural person who is a citizen of such a country; or

g. A Consortium or joint venture where any member of the consortium or

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

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

a. “Controlling ownership interest” means ownership of or entitlement to more

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

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

V. The Selected Bidder/ Concessionaire shall not be allowed to sub-contract works

Certificate regarding Compliance:

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

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

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

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

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

2.2.2.2 Technical Capacity

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

(iii) For Stand-alone specialized projects:

(a) Major Bridges/ROB/Flyovers projects: Deleted

Up-dation 1.00 1.05 1.10 1.15 1.20

2.2.2.3 Financial Capacity:

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

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