Operation and Maintenance of NHAI website

Request for Proposal (RFP)

RFP No. NHAI/IT/WEBSITE/2018/1

National Highways Authority of India
G-5&6, Sector-10, Dwarka,
New Delhi-110075

1
 Disclaimer

The information contained in this RFP document (the “RFP document”) or subsequently provided to Bidder(s), whether
verbally or in documentary or any other form by or on behalf of NHAI or any of its employees or advisors, is provided
to Bidder(s) on the terms and conditions set out in this RFP document and such other terms and conditions subject to
which such information is provided.

This RFP document is not an agreement and is neither an offer nor invitation by NHAI to the prospective Bidders or
any other person. The purpose of this RFP document is to provide interested parties with information that may be
useful to them in making their technical/ financial offers (“Bid(s)”) pursuant to this RFP document. This RFP document
includes statements, which reflect various assumptions and assessments arrived at by NHAI 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 document may not be appropriate for all persons, and it is not possible for NHAI, its employees or
advisors to consider the investment objectives, financial situation, and particular needs of each party who reads or uses
this RFP document. The assumptions, assessments, statements and information contained in this RFP document, 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 document and obtain independent advice from
appropriate sources.

Information provided in this RFP document 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. NHAI accepts no responsibility for the
accuracy or otherwise for any interpretation or opinion on law expressed herein.

NHAI, 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 document or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP document and any assessment, assumption, statement or information contained
therein or deemed to form part of this RFP document or arising in any way for participation in this Bid.

NHAI 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 document. NHAI 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 document.

The issue of this RFP document does not imply that NHAI is bound to select a Bidder or to appoint the Successful
Bidder for the Project and NHAI reserves the right to reject all or any of the Bidders or Bids without assigning any
reason whatsoever.

The Bidder shall bear all their costs associated with or relating to the preparation and submission of their Bid including
but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by NHAI or any other costs incurred in connection with or relating to Bid. All
such costs and expenses will remain with the Bidder and NHAI 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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 Document Composition

This RFP Documents comprises for following parts.

Part-I Instructions to Bidders

Part-II Terms of Reference

Part-III Formats for Bid Submission

Part-IV Draft Format of Contract Agreement

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 Table of Contents
PART-I....................................................................................................................................... 5
INSTRUCTIONS TO BIDDERS .................................................................................. 5
NOTICE INVITING TENDER ..................................................................................... 6
SCHEDULE OF IMPORTANT EVENTS / ACTIVITIES ........................................... 7
TENDER APPLICATION FEE, BID SECURITY AND GENERAL TERMS OF
BIDDING........................................................................................................... 8
ELIGIBILITY AND PRE-QUALIFICATION CRITERIA ......................................... 10
CLARIFICATION REGARDING RFP DOCUMENT ............................................... 14
ACCESSING BID DOCUMENTS, PREPARATION AND SUBMISSION OF BID 15
BID EVALUATION CRITERIA AND SELECTION PROCEDURE........................ 19
PERFORMANCE SECURITY.................................................................................... 21
MISCELLANEOUS .................................................................................................... 22
PART-II ................................................................................................................................... 26
TERMS OF REFERENCE .......................................................................................... 26
PART-III .................................................................................................................................. 36
FORMAT FOR BID SUBMISSION ....................................................................................... 36
Form T-1: Technical Bid Covering Letter ................................................................... 37
Form T-2: Brief Information about the Bidder(s) ........................................................ 39
Form T-3: Power of Attorney ...................................................................................... 40
Form T-4: Power of Attorney for Lead Member of JV/ Consortium ........................... 42
Form T-5: Joint Bidding Agreement for JV/ Consortium ............................................ 44
Form T-6: Format of submission of Work Experience / Technical Strength of Bidder49
Form T-7: Affidavit on Litigation / Arbitration History .............................................. 50
Form T-8 Format of Certificate in respect of Bidder’s Average Annual Turnover and
Networth .......................................................................................................... 51
Form T-10 Details of Certification(s), Affiliation(s),................................................... 52
Form T-12: PROFORMA FOR SUBMITTING WRITTEN QUERIES ..................... 53
Form F-1: Format for Financial Bid Submission ......................................................... 54
FORMAT FOR SUBMISSION OF PBG .................................................................... 55
PART-IV .................................................................................................................................. 57
DRAFT FORM OF CONTRACT AGREEMENT ...................................................... 57
TERMS OF REFERENCE .......................................................................................... 71

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 PART-I
INSTRUCTIONS TO BIDDERS

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 NOTICE INVITING TENDER
(National Competitive Bidding through e-Tendering mode only)
RFP No. NHAI/IT/WEBSITE/2018/1 dated 12/10/2018

National Highways Authority of India (Hereinafter referred to as “Authority” or “NHAI”) intends

to engage a Service Provider for Operation and Maintenance of NHAI Website.

2. The project shall be a complete turnkey solution with provision of skilled resources for
operations and shall be offered to NHAI as “Solution as service model” The period of engagement
shall initially be Five (5) years. This may be extended, at the mutual discretion of either parties, for
another two (2) years subject to satisfactory services and continued requirement of NHAI.

3. The e-Bids shall be submitted latest by 12/11/2018 before 11:00 Hrs (the bid due date). Bid
shall be valid for 120 days w.e.f. bid due date. Detailed RFP document may be seen/ downloaded
from NHAI website www.nhai.gov.in / e-tender portal: https://etenders.gov.in/eprocure/app.
Amendments/ Corrigendum, if any, will be hosted on the NHAI website only. For any query
regarding empanelment, prospective Bidders may contact :

General Manager (IT)

National Highways Authority of India
G-5&6, Sector 10,
Dwarka, New Delhi – 110 075
E-mail: shaileshyadav@nhai.org

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 SCHEDULE OF IMPORTANT EVENTS / ACTIVITIES

SI. No. Event Description Date

1. Invitation of RFP (NIT) 12 October 2018
2. Last date for receiving queries 22 October 2018
3. Pre-Bid meeting at NHAI HQ NA24 25 October 2018
4. Responses to queries NA24 29 October 2018
5. Bid Due Date 12 November 2018
(Upto 1100 Hrs. IST)
6. Physical submission of requisite documents as till 11.30 Hrs. IST on 12
per RFP November 2018
7. Opening of Technical at NHAI HQ at 11.30 Hrs. on 13
November 2018
8. Declaration eligible / qualified Bidders within 20 days from Bid
Due Date
9. Opening of Financial Bid within 30 days from Bid
Due Date
10. Letter of Award (LOA) Within 60 days of Bid
Due Date
11. Validity of Bid 120 days from Bid Due
Date
12. Signing of Agreement Within 45 days of award
of LOA

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 TENDER APPLICATION FEE, BID SECURITY AND GENERAL TERMS OF BIDDING

1.1. Bidder should pay Tender Application Fee (non-refundable) INR 5,000/- (Rupees Five
Thousand) only in the form of Demand Draft/ Banker’s Cheque/ Pay order, drawn on a
scheduled bank in India and payable to “National Highways Authority of India” at New
Delhi.

1.2. The Bid Security of INR 10 lakhs (Rupees Ten lakhs, or One Million, only) shall be
furnished in the form of Demand Draft/ Banker’s Cheque/ Pay order, drawn on a scheduled
bank in India and payable to “National Highways Authority of India” at New Delhi or the
Bidders will have an option to provide Bid Security in the form of bank guarantee as per
format prescribed in this document and in such event, the validity period of the bank
guarantee, shall not be less than 180 (one hundred and eighty) days from the Bid Due Date,
inclusive of a claim period of 60 (sixty) days, and may be extended as may be mutually
agreed between the Authority and the Bidder from time to time. NHAI shall not be liable to
pay any interest on the Bid Security deposit.

1.3. Any bid not accompanied by an acceptable Bid Security and / or Tender Application Fee in
the prescribed manner shall be summarily rejected.

1.4. The Bid Security of all unsuccessful bidders shall be returned without interest normally
within 30 days after finalization of the tender process i.e. signing of the Contract Agreement
with the successful bidder. The bidder should indicate details of their bank account number
for crediting the refund of bid security through ECS (RTGS/NEFT). This information should
be provided in the technical bid.

1.5. FORFEITURE OF BID SECURITY: The Bid Security shall be forfeited and/ or
appropriated by NHAI as mutually agreed genuine pre-estimated compensation and as
damages payable to NHAI for, inter-alia, time, cost and effort of NHAI without prejudice to
any other right or remedy that may be available to NHAI under the provisions in the RFP
and/or under the Contract, or otherwise, under the following circumstances:
(a) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice; or
(b) If the Bid is withdrawn during the intervening period between the bid due date and the
expiration of the Bid Validity; or
(c) If the bidder tries to influence the evaluation process; or
(d) If a Bidder having been notified Successful Bidder by NHAI with the issuance of
Letter of Award (LOA) during the bid validity period:
(i) Fails or refuses to furnish the Performance Security, in accordance with the
conditions of RFP; or
(ii) Fails or refuses to execute/sign the Contract within the stipulated time frame.

1.6. No Bidder shall submit more than one Bid for the Project. A Bidder bidding individually or as
a member of a JV/Consortium shall not be entitled to submit another Bid either individually
or as a member of any JV/ Consortium, as the case may be.

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.

1.8. The Bidding documents including this RFP and all attached documents, provided by the
Authority are and shall remain or become the property of the Authority and are transmitted to
the Bidders solely for the purpose of preparation and submission of a Bid in accordance

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 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 1.8 shall also apply mutatis mutandis to Bids and all other documents submitted by the
Bidders, and the Authority will not return to the Bidders any Bid, document or any
information provided along therewith.

1.9. 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, preceding its latest financial year. For the
avoidance of doubt, financial year shall, for the purposes of this Bid hereunder, mean the
accounting year followed by the Bidder in the course of its normal business.

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 ELIGIBILITY AND PRE-QUALIFICATION CRITERIA
2.1 Bidders must fulfil the criteria listed below.
S. No Criteria
A Firm Details

a) NICSI Empanelment:
The Bidder should be Tier-I and Tier-II empaneled Vendor of NICSI (Under NICSI Tender
No: NICSI/Website Development/2015/42) as on the date of issuance of RFP.

b) Field of Business:
The Bidder should be in the field of Information Technology for at least last Five (5) years
(prior to the date of bid submission). Copy of relevant documents should be submitted in
the Technical bid.
b) Registration Status:
The Bidder must be a company incorporated / registered in India under the Companies Act
1956 for at least 5 years (prior to the date of bid submission), or an LLP firm, registered
under the Limited Liability Partnership Act, 2008. Certificate of incorporation / registration
must be submitted as documentary proof for the same.

c) Joint Venture:
A Joint Venture (JV)/ Consortium is permissible subject to fulfilling following conditions:
i. Maximum number of members in the JV or Consortium shall be two;
ii. The parties in a JV or Consortium shall be jointly and severally liable;
iii. Members of the JV/ Consortium shall nominate one member as the lead member
(the “Lead Member”), who shall have at least 50% (fifty per cent) stakes in the JV/
Consortium. The nomination(s) shall be supported by a Power of Attorney, as per
the format at Form T-4, signed by all the members of the JV/Consortium.
iv. Members of the JV / Consortium shall jointly fulfill eligibility conditions;
v. The Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and O&M
obligations.
vi. An individual Bidder cannot at the same time be member of a JV/ Consortium
applying RFP. Further, a member of a particular JV/ Consortium cannot be member
of any other JV/ Consortium applying for RFP.
vii. Members of the JV/ Consortium shall enter into a binding Joint Bidding
Agreement, substantially in the form specified at Form T-5 (the “Joint Bidding
Agreement”), for the purpose of submitting a Bid.

Note:
(i) No change in the constitution of JV/ Consortium will be allowed during the entire
period of contract validity.
(ii) In the event of failure of sustenance of JV/ Consortium, the contract shall be
cancelled, bid security forfeited and each constituent of JV/ Consortium will be
debarred for 2 years from any works of NHAI. Further, the contracts awarded, if
any, shall be terminated and the performance bank guarantees shall be forfeited by
NHAI.
(iii)The documentary proof in support of fulfilling the eligibility criteria by the
Consortium/ JV, along-with a Joint Bidding Agreement as well as other relevant
documents as stipulated in the RFP document shall be submitted as part of the bid.
(iv) The Joint Bidding Agreement should clearly describe the responsibility of each

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S. No Criteria
partner.

d) Turnover:
The Bidder should have average annual turnover of Rs. 2,00,00,000 (Rupees Two Crores)
over the past three financial years immediately preceding the Bid due date. Certificate from
the Statutory Auditor in the prescribed format should be submitted in technical bid.

In case of a JV/ Consortium, the combined Turnover, net worth and experience of
those members, who have at least 26% (twenty six per cent) stakes in the JV/
Consortium, should satisfy the conditions of eligibility.

Note:
(1) The Bids must be accompanied by the Audited Annual Reports of the Bidder (of each
Member in case of a Consortium) for the last 3 (three) financial years, preceding the year
in which the Bid is made.
(2) In case the annual accounts for the latest financial year are not audited and therefore the
Bidder cannot make the same 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 3 (three) years preceding the year for which the Audited
Annual Report is not being provided. Accordingly, for meeting the Average Annual
Turnover criteria, such financial years for which Audited Annual Reports provided shall be
considered and Net worth of the latest Audited Annual Report available shall be considered
for the purpose of this RFP.
(3) Certificate(s) from its statutory auditors specifying the Annual Turnover during the last
3 financial years and net worth of the Bidder, as at the close of the preceding financial year
as per Format T-8 shall be provided in support of their claim.

B Technical Strength:
The Bidder should have experience of having developed / maintained a minimum of Ten
(10) websites/applications for government/PSU based organizations within the past 3
years.

C A Bidder blacklisted/ declared ineligible by Ministry of Road Transport & Highways,

Government of India or its executing agencies like NHAI, NHIDCL etc. shall be ineligible
to apply for participating in this RFP.
Self-declaration to this effect shall be submitted as part of the Bid.
D A Bidder determined non-performing or having been terminated any project during last
three years by Ministry of Road Transport & Highways, Government of India or its
executing agencies like NHAI, NHIDCL etc. will not be eligible to participate in this RFP.
Self-declaration to this effect shall be submitted as part of the Bid.

2.2 Conflict of Interest:

2.2.1 A Bidder shall not have a conflict of interest that may affect the bidding process (the
“Conflict of Interest”). Any Bidder found to have a Conflict of Interest shall be
disqualified. In the event of disqualification, NHAI shall forfeit and appropriate 5%
of the value of Bid Security as mutually agreed genuine pre-estimated loss and
damage likely to be suffered and/ or incurred by the NHAI and not by way of
penalty for, inter alia, the time, cost and effort of NHAI including consideration of

Page 11 of 80
 such Bidder’s Bids, without prejudice to any other right or remedy that may be
available to NHAI hereunder or otherwise.

2.2.2 NHAI requires that the selected Bidder provides professional, objective, and
impartial advice and at all times hold NHAI’s interest’s paramount, avoid conflicts
with other assignments or its own interests. The selected bidder shall not accept or
engage in any assignment that would be in conflict with its prior or current
obligations to other clients, or that may place it in a position of not being able to
carry out the assignment in the best interests of NHAI.

2.2.3 A Bidder shall be deemed to have a Conflict of Interest affecting the bidding
process, if:

(a) a constituent1 of Bidder is also a constituent of another Bidder; or

(b) such Bidder, its member or its associate receives or has received any direct or
indirect subsidy or grant from any other Bidder, its member or its associate; or

(c) such Bidder has the same legal representative for purposes of this Bid as any
other Bidder; or

(d) such Bidder, its member or its associates has a relationship with another Bidder,
its member or its associates, directly or through common third parties, that puts
them in a position to have access to each other’s information about the bids, or if
they actually share or access each other’s information regarding the bids or to
influence the bid of either or each of the other Bidder; or

(e) there is a conflict among this and other assignments of the Bidder (including its
member, associates, personnel and subordinates) and any subsidiaries or entities
controlled by such Bidder or having common controlling shareholders. The
duties of the Bidder will depend on the circumstances of each case. While
providing services to NHAI for this particular assignment, the Bidder shall not
take up any assignment that by its nature will result in conflict with the present
assignment; or

(f) a Company/firm which has been engaged by the Authority to provide goods
and/or works and/or services for a project, and its associates, will be disqualified
from providing consulting services for the same project and/or associated
services, conversely, a firm hired to provide services for the preparation or
implementation of a project, and its associates, will be disqualified from
subsequently providing goods or works or services related to the same project
and/or associated services; or

(g) Bidders should be deemed to be in a conflict of interest situation if it can be

reasonably concluded that their position in a business or their personal interest
could improperly influence their judgment in the exercise of their duties. The
process for selection of Bidders should avoid both actual and perceived conflict
of interest; or

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 (h) The Bidder, its member or Associate (or any constituent thereof) and any other
Bidder, its member or any Associate thereof (or any constituent thereof) have
common controlling shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the director in direct shareholding
of a Bidder, its member or an Associate thereof (or any shareholder thereof having
a shareholding of not more than 25%(twenty five percent) of the paid up and
subscribed capital; of such Bidder, Member or Associate, as the case may be) in
the other Bidder, its Member or Associate, is not more than 2 5% (Twenty 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, 1956/2013. For the purposes of this Clause
2.2.3, indirect shareholding held through one or more intermediate persons shall be
computed as follows: (aa) where any intermediary is controlled by a person
through management control or otherwise, the entire shareholding held by such
controlled intermediary in any other person (the “Subject Person”) shall be taken
into account for computing the shareholding of such controlling person in the
Subject Person; and (bb) subject always to sub-clause (aa) above, where a person
does not exercise control over an intermediary, which has shareholding in the
Subject Person, the computation of indirect shareholding of such person in the
Subject Person shall be undertaken on a proportionate basis; provided, however,
that no such shareholding shall be reckoned under this sub-clause (bb) if the
shareholding of such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary; or

(i) For purposes of this RFP Document, Associate means, in relation to the bidder, a
person who controls, is controlled by, or is under the common control with such
bidder. As used in this definition, the expression “control” means, with respect to
a person which is a company or corporation, the ownership, directly or
indirectly, of more than 50% (fifty per cent) of the voting shares of such person,
and with respect to a person which is not a company or corporation, the power to
direct the management and policies of such person by operation of law or by
contract.

2.2.4 The normal way to identify conflicts of interest is through self-declaration by

the Bidder. Where a conflict exists, which has not been declared, competing
companies are likely to bring this to the notice of NHAI. All conflicts must be
declared as and when the Bidder becomes aware of them.

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 CLARIFICATION REGARDING RFP DOCUMENT

3.1 A prospective Bidder requiring any clarification regarding the RFP may notify NHAI in
writing or e-mail at NHAI’s address indicated in the invitation to Bid. NHAI will respond to
any request for clarification which is received before the pre-Bid meeting.

3.2 PRE-BID MEETING

(a) The Bidder or his authorized representative is invited to attend a pre-Bid meeting which will
take place at NHAI, G - 5 & 6, Sector-10, Dwarka, New Delhi-110075 as mentioned in the
Schedule of Events.

(b) The purpose of the meeting will be to clarify issues and to answer questions on any matter
pertaining to this RFP document. All Bidders are requested to go through the RFP
document carefully and submit any queries/ clarifications addressed to the General Manager
(IT) in the format prescribed in Part III. The Bidder is requested to submit any questions /
queries by email in editable doc. at shaileshyadav@nhai.org so as to reach NHAI well
before the scheduled meeting.

(c) Clarifications to the queries will be hosted on NHAI’s website/ e-tender portal only.

(d) Any modification in the RFP document which may become necessary as a result of the
deliberations in the pre-Bid meeting shall be made by NHAI separately through issue of an
Addendum/ Amendment will also be hosted on NHAI’s website/ e-tender portal.

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 ACCESSING BID DOCUMENTS, PREPARATION AND SUBMISSION OF BID
4.1 Detailed RFP document can be viewed / downloaded from NHAI website.

4.2 Bidder(s) have to pay (a) the Tender Application Fee (non-refundable); and (b) Bid
Security, in the prescribed manner.

4.3 ACCESSING/PURCHASING OF BID DOCUMENTS:

(i) It is mandatory for all the Bidders to have class-III digital signature certificate (with
both Signing and encryption certificate) (in the name of person who will sign the
Bid) from any of the licensed Certifying Agency (“CAs”) [Bidders can see the list of
licensed CAs from the link www.cca.gov.in] to participate in e-tendering of NHAI.
The Authorized Signatory holding Power of Attorney (POA) or the person
executing/delegating such POA, shall only be the Digital Signatory. In other cases,
the bid shall be considered non-responsive
(ii) To participate in the submission of the bid against the RFP, it is mandatory for the
Bidders to get themselves registered with the NHAI’s e-tender portal2 and to have
user ID & password.
(iii) Following may be noted-
(a) Registration should be valid at least up to the date of submission of Bid.
(b) Bids can be submitted only during the validity of registration with the
NHAI’s e-tender portal.
(c) The amendments/clarifications to the RFP, if any, will be hosted on the
NHAI’s website as well as e-tender portal.
(d) If the Bidder is already registered with e-tendering portal of NHAI and
validity of registration has not expired, the Bidder is not required to register
afresh.
(iv) For Help, please contact e-tendering Cell and Help Desk Support. Support staff at E-
Tendering Help desk shall be available on all week days (Monday to Friday) from
09:30 AM to 6:00 PM except on Gazetted Holidays. Details may be seen on the
NHAI website.

4.4 PREPARATION & SUBMISSION OF BIDS:

(i) Detailed RFP may be downloaded from NHAI’S website and / or e-tender portal of
NHAI and bid shall be submitted online following the instruction appearing on the
screen.
(ii) The following documents shall be submitted in ORIGINAL to NHAI before the
prescribed date & time for submission of Bids.
a. Tender Application Fee in the manner prescribed.
b. Bid Security in the manner prescribed.
c. Original Power of Attorney in favour of Authorized Signatory in the Format
prescribed in this document.
d. if applicable, Power of Attorney for Lead Member of JV/ Consortium in the
format prescribed in this document.

2
Visit NHAI website to access e-tender portal

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 e. if applicable, Joint Bidding Agreement for JV/ Consortium in the format
prescribed in this document.
(iii) The Technical and Financial bid should be submitted online only in the prescribed
format given on the e-tender portal. No other mode of submission is accepted.
4.5 Bid Validity: The bid should remain valid for a period of 120 calendar days from the bid
due date. NHAI will make its best efforts to complete the evaluation process and work
award within the bid validity period. Under exceptional circumstances, prior to expiry of
the bid validity, NHAI may request bidder to extend the bid validity for specified
additional period. Such request by NHAI and reply / response from bidder shall be in
writing. The bidder(s) not agreeing to such extension will be allowed to withdraw their bids
without forfeiture of their bid security.
4.6 Bid Composition: The Bid shall comprise the following:
(a) PART 1 Document in original to be physically submitted at NHAI before prescribed
time limits under schedule of important events / activities)
The Documents as specified in para 4.4(ii) above shall be placed in a sealed envelope.
The envelope should bear the following identification:
“RFP for --------------------------------------------------------.” and addressed to:
ATTN OF: Sh. Shailesh Yadav
DESIGNATION: General Manager (IT)
ADDRESS: National Highways Authority of India
G 5 & 6 Sector 10, Dwarka, New Delhi
E-MAIL: shaileshyadav@nhai.org

The envelope should also bear the bidder’s name & address. If the envelope is not sealed
and marked as above, NHAI will assume no responsibility for the misplacement or
premature opening of the contents of the envelope and consequent losses, if any, suffered
by the Bidder. Such Bids may also be declared non-responsive.

Notes:
(i) Documents as specified above, if received by NHAI after the prescribed deadline
(bid due date) will be returned unopened to the Bidder
(ii) If any requisite document/ certificate are not in the prescribed format the same shall
not be considered while evaluating the Bids and the same may lead to Bid being
declared as non-responsive.
(iii) The Technical Bid shall not include any commercial quote.

(b) PART 2 (Technical Bid to be uploaded on E-tender portal)

i. Technical Bid comprising various formats Form T-1 to Form T-11 prescribed in
Part III.
ii. Stipulated documentary evidence attested by the authorised signatory in support
of their claim for fulfilling the prescribed eligibility criteria and an undertaking
on the bidder’s letterheads to the fairness of these documents in support of their
claim while submitting the Bids
iii. Undertaking that the bidder has not been determined non-performing or having
been terminated any of his project during last three years by Ministry of Road
Transport & Highways, Government of India or its executing agencies like
NHAI, NHIDCL etc.

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 iv. Undertaking that the bidder has not been blacklisted/declared ineligible by
Ministry of Road Transport & Highways, Government of India or its executing
agencies like NHAI, NHIDCL etc.
v. Self-declaration i.r.o. any conflict of interest prescribed under para 2.2 of
eligibility criteria;
vi. Other documents
a. Copy of Certificate of Incorporation of Company;
b. MoA and AoA of the Company / or other document showing object clause of
the firm; and
c. Signed copy of Integrity Pact in the prescribed format;
d. Any other document providing additional information in respect of technical /
financial strength as well as technical experience etc.

(c) PART 3 Financial Bid (In the prescribed format on E-Tender portal of NHAI)
a. Financial bid shall be submitted online on e-tender portal on the prescribed
format which may be downloaded3 well before the bid due date from e-tender
portal.
b. The bid should include all the charges payable in full compliance to the Scope
of Work and other terms specified in the RFP document. No additional
payments whatsoever are envisaged.
c. The bid should include all statutory taxes/ levies / surcharge on tax etc. but
excluding GST. Any tax, and / or any other levies, if altered in future and
payable under the law, the same shall be borne by the bidder.
d. applicable GST (as applicable on services) shall be reimbursed by NHAI
separately on production of proof of payment; and
e. Bidder should note that Income tax payable by the Bidder is not reimbursable
by NHAI. TDS will be applicable on all payments made by NHAI as per
applicable law.
f. In case of any difference in figures and words, the amount mentioned in
words will prevail.

4.7 COST OF BIDDING

The Bidder shall be responsible for all the cost associated with the preparation and
submission of their Bids including subsequent negotiation, visits to NHAI, project site etc.
NHAI shall not be responsible in any way liable for such costs, regardless of the conduct or
outcome of the bidding process.

4.8 LANGUAGE OF THE BIDS

The Bid and all communications in relation to or concerning the RFP shall be in English
language. No supporting document or printed literature shall be submitted with the Bid
unless specifically asked for and in case any of the documents are in another language, it
must be accompanied by an accurate translation of the relevant passages in English, in
which case, for all purposes of interpretations of the Bid, the original documents attached
with the bid or the information incorporated in the bid shall be final and binding.

4.9 MODIFICATION /SUBSTITUTION/ WITHDRAWAL OF BIDS:

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 (i) The Bidder may modify, substitute or withdraw its e-bid after submission prior to
the Bid Due Date. No Bid shall be modified, substituted or withdrawn by the Bidder
on or after the Bid Due Date.
(ii) Any alternative/modification in the Bid or additional information supplied
subsequent to the Bid Due Date, unless the same has been expressly sought for by
the Authority, shall be disregarded.
(iii) For modification or e-bid, bidder has to click on Edit Bid Option and resubmit
digitally signed modified bid.
(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal
and can withdraw its e-bid.
(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal of a
bid for any reason, bidder cannot re-submit e-bid again.
4.10 OPENING & EVALUATION OF BIDS
(i) Opening and evaluation of bids will be done through online process.
(ii) The bids will be opened on-line on the due date and time prescribed in the RFP
document in the presence of the bidders who choose to attend. The Authority will
subsequently examine and evaluate the bids in accordance with the provisions set
out.
(iii) Prior to evaluation of bids, the Authority shall determine whether each Bid is
responsive to the requirements of this RFP.
(iv) ‘Financial Bid’ of non-responsive bidders shall not be opened.
(v) The Technical bid shall be opened of those bidders only who ensure physical
submission of mandatory documents in original in compliance to provision at 4.4
(ii) Part-1.

4.11 To assist in the examination, evaluation, and comparison of Bids, NHAI may, at its
discretion, ask any Bidder for clarification of its Bid. The request for clarification and the
response shall be in writing or by fax or e-mail, but no change in the price or substance of
the Bid shall be sought, offered, or permitted except as required to confirm the correction
of arithmetic errors discovered by NHAI in the evaluation of the Bids.

4.12 Except in case any clarification is asked by NHAI, no Bidder shall contact NHAI on any
matter relating to its Bid from the time of the Bid opening to the time the Contract is
awarded. If any Bidder wishes to bring additional information to the notice of NHAI, it
should do so in writing at the address prescribed in the Notice Inviting Tender.

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 BID EVALUATION CRITERIA AND SELECTION PROCEDURE
5.1 The bids shall be opened on-line by the Evaluation Committee on the date and time
prescribed. Prior to evaluation of the bids, NHAI shall determine as to whether each bid is
responsive to the requirements of this RFP document. A bid will be declared non-responsive
in case:
(a) If a bidder submits more than one bid against this RFP
(b) The physical submissions are incomplete / inadequate to the requirements of the RFP
Documents.
(c) Bid is submitted without applicable fee(s) and bid security
(d) If the Authorized Signatory holding Power of Attorney (POA) or the person
executing/delegating such POA and Digital Signatory are not the same
(e) If a bidder submits a conditional bid or makes changes in the terms and conditions
given in this RFP document
(f) Failure to comply with all the requirements of RFP document by a bidder
(g) If the bid is not submitted in the formats prescribed in the RFP document
(h) If any requisite document/ certificate is not in the prescribed format the same shall not
be considered while evaluating the bids and the same may lead to bid being declared
as non-responsive.
(i) If the envelope containing physical submission is not sealed and marked as prescribed
in the RFP document
(j) A bid valid for a period of time shorter than prescribed in the RFP document
5.2 A three-stage procedure shall be adopted for evaluation of the bids.

5.3 Document Evaluation - First Stage: The Evaluation Committee shall carry out initial
screening of technical bids by examining the statement of qualification, furnished by the
Bidder in support of their fulfilment of eligibility against the criteria prescribed in this RFP.
5.4 Bid Evaluation - Second Stage: The Bids shall be evaluated on the following parameters.

SN Criteria Max Marks Required Document

01 Turnover in last financial year (2017-18): 25 Copy of CA Certificate

a. Less than 2 crores – 0 marks and Balance Sheet.
b. Between 2 and 5 crores – 15 marks
c. Between 5 and 10 crores – 20 marks
d. More than 10 crores – 25 marks
Number of website developed for Govt. /PSU
Organizations during the last three (3) financial
years.
Copy of Work
02 a. Less than 5 websites – 0 marks 30
Order/Purchase Order
b. Between 5 and 10 websites – 10 marks
c. Between 10 and 15 websites – 20 marks
d. More than 15 websites – 30 marks
Resume/CVs of On-Roll Senior Technical
Resources
03 Three marks per resume (as per specifications 15 Copy of Resume/CV
mentioned in the project) subject to a maximum
of 15 marks
Presentation on understanding of the project as
Presentation to
04 per Scope defined, Approach and Methodology, 30
committee
Prototype for Design & Development

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SN Criteria Max Marks Required Document

a.) Understanding of Scope : ( 20 Marks )

b.) Approach and Methodology : ( 5 Marks )

c.) Proposed Changes & Design : ( 5 Marks )

5.5 The Bidders should score a minimum of 70 points under Technical Evaluation to be
considered eligible for financial evaluation.

5.6 Bid Evaluation - Third Stage: In this stage, financial bids of only those Bidders shortlisted
after second stage shall be opened. The date of opening shall be intimated to such bidders.
The work shall be awarded on the following basis
5.6.1 The Overall Score shall be computed for each bidder as per following formula
Overall Score = (Total Technical Score * 80/100) + {(L1 (among all
bidders))/(Bid Price for the bidder)} * 20 (Technical Score shall be aggregate of
scores under Bidder Capability and Solution Capability)
5.6.2 The Bidder with the highest overall score shall be declared as Selected Bidder.
The Successful Bidder shall be awarded the work subject to NHAI verifying the
documents submitted by it.
5.6.3 In the event that, the assessed Bid Price of two or more Bidders is the same (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 attending the event that the Lowest Bidder is not selected for any
reason, 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.

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

5.8 The Successful Bidder shall be intimated by NHAI through Letter of Award (LoA). Upon
issue of LoA the Successful Bidder shall be required to furnish Letter of Acceptance and
Performance Security and other guarantees as prescribed in the RFP document. NHAI shall
have the right to get the bank guarantees verified from the respective issuing bank. Upon
receipt of verification, the successful bidder shall be invited to sign the contract with NHAI.
The format of Contract Agreement is prescribed in the RFP Document.
5.9 NHAI reserves the right to reject any bid which is non-responsive and no request for
alteration, modification, substitution, or withdrawal shall be entertained by NHAI in respect
of such bids.

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 PERFORMANCE SECURITY

6.1 Upon issue of a Letter of Award (LoA) by NHAI, the Successful Bidder shall be required to
furnish an unconditional and irrevocable Performance Security in the form of a Performance
Bank Guarantee (PBG) in the prescribed format within a period of 15 days. The PBG shall
be for an amount of 10% of its Total Bid Value quoted in the financial bid and should be in
favour of “National Highways Authority of India”, New Delhi. Validity of the Performance
Security shall be initially for a period of one (1) year and subsequently be renewed annually
until six months beyond the date of completion of contract. In case the contract is extended,
the Service Provider shall extend the validity of PBG appropriately such that it remains
valid until six months beyond completion of the contract. The Successful Bidder may have
to furnish enhanced Performance Security if the number of plazas under the scope of project
exceed the number of plazas mentioned in the Bid once every six months.

6.2 The PBG from following banks shall only be accepted:

a) State Bank of India or its subsidiaries.
b) Any Indian Nationalized Bank.
c) IDBI or ICICI Bank.
d) A Foreign Bank (issued by a branch outside India) with a counter guarantee from SBI
or its subsidiaries or any Indian Nationalized Bank.
e) Any Scheduled Commercial Bank approved by RBI having a net worth of not less
than 500 Crores as per the latest Annual Report of the Bank. In the case of a Foreign
Bank (issued by the branch of India) the net worth in respect of the Indian operations
shall only be taken into account.

6.3 The acceptance of the PBG shall also be subject to the following condition:
a) The capital adequacy of the Bank shall not be less than the norms prescribed by RBI.
b) The bank guarantee issued by a Cooperative Bank shall not be accepted.

6.4 After acceptance of Performance Security by NHAI, the Bid security of the Successful
Bidder shall be returned without interest.

6.5 In case the difference between the lowest bidder (L1) and the second lowest bidder (L2) is
more than 50% of the L2 bidder, then the lowest bidder (successful bidder) shall be required
to submit Additional Performance Security in the form of PBG of 10% of the difference
between the Bid Value quoted by L2 and L1. The additional performance security in this
case shall be required to be submitted by the Successful Bidder to ensure that it shall
perform the contractual obligations to the satisfaction of NHAI despite such lower bid value
and this additional performance security shall also be treated as performance security for
encashment/ forfeiture.

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 MISCELLANEOUS

7.1 This RFP document also includes a format of the Contract Agreement to be executed with
the successful bidder for providing stipulated services to NHAI. Bidders are advised to
study the RFP document along with its amendment/ addendum carefully. Submission of the
bid will be deemed to have been done after careful study and examination of ground
realities as well as all the instructions, eligibility norms, terms & conditions, requirements
and specifications available in the RFP document with full understanding of its
implications. The Bidder is expected to examine carefully all the instructions, conditions of
Contract, forms for submitting Technical and Financial Bids and scope of work in the RFP
document before submitting their Bids. Failure to comply with all the requirements of RFP
document shall be at the Bidder’s own risk. Bids, which are not substantially responsive to
the requirements of the RFP document, shall be declared non-responsive and shall not be
considered for evaluation.

7.2 No bidder shall submit more than one bid against this RFP. If more than one bid is received
from the same bidder, all such bids shall be summarily rejected.

7.3 NHAI will be at liberty to keep the credentials of the bidders submitted by them at bidding
stage, in public domain and the same may be uploaded by NHAI on its web site. The
bidders shall have no objection if NHAI uploads/ hosts the information pertaining to their
credentials as well as of their key personnel.

7.4 The bidding process shall be governed by, and construed in accordance with, the laws of
India and courts at New Delhi shall have exclusive jurisdiction over all disputes arising
under, pursuant to and/or in connection with the bidding process.

7.5 Any dispute arising out of this procurement process shall be referred to Society for
Affordable Redressal of Disputes (SAROD). The decision of the SAROD in this regard
shall be final and binding on the parties.

7.6 NHAI, in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to;

(i) 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;
(ii) Consult with any Bidder in order to receive clarification or further information;
(iii) Retain any information and/ or evidence submitted to NHAI by, on behalf of, and/ or
in relation to any Bidder; and/or;
(iv) 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.

7.7 NHAI is not bound to reply/ respond to any representation/ letter or request for Change in
Scope of work, eligibility criteria or any relaxation in respect of the tender conditions. No
correspondence will be entertained on this matter.

7.8 It shall be deemed that by submitting the Bid, the Bidder agrees and releases NHAI,
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

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 fullest extent permitted by Applicable Law, any and all rights and/ or claims it may have in
this respect, whether actual or contingent, whether present or in future.

7.9 Verification and Dis-qualification: NHAI reserves the right to verify all statements,
information and documents submitted by the Bidder in response to this RFP and the Bidders
shall, when so required by NHAI, make available all such information, evidence and
documents as may be necessary for such verification. Any such verification or lack of such
verification, by NHAI shall not relieve the Bidders of its obligations or liabilities hereunder
nor will it affect any rights of NHAI thereunder.

7.10 NHAI reserves the right to reject any Bid and/ or declare it non-responsive, if:
(i) At any time, a material misrepresentation is made or uncovered, or
(ii) The Bidder does not provide, within the time specified by NHAI, the supplemental
information sought by NHAI for evaluation of the Bid.

Such misrepresentation/ improper response shall lead to the disqualification of the Bidder.
If such disqualification/ rejection occurs after the bids have been opened and the lowest
bidder gets dis-qualified/ rejected, then NHAI reserves the right to take any such measure
as may be deemed fit in the sole discretion of NHAI including annulment of the Bidding
process.

7.11 Amendment to RFP Documents:

(a) Any modification in the RFP document shall be made by NHAI separately through issue
of an Addendum/ Amendment.
(b) At any time prior to the bid due date, NHAI, may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective bidder, modify the
conditions specified in the RFP document by an amendment. Any amendment/
addendum thus issued shall be part of the RFP document and shall be communicated by
hosting the same on NHAI’s web site only and should be taken into consideration by the
prospective bidders while preparing their Bids.
(c) In order to give prospective Bidders reasonable time to take the amendment into account
in preparing their bid, NHAI may, at its discretion, extend the bid due date.
(d) The Bidder must read all the instructions in the RFP and abide by the same accordingly.

7.12 INDEMNITY
The Bidder shall, subject to the provisions of the Contract, indemnify NHAI for any direct
loss or damage caused on account of any act/ omission of the bidder.

7.13 PROPRIETARY DATA

All documents and other information provided by NHAI or submitted by a Bidder to NHAI
shall remain or become the property of NHAI. Bidders are to treat all information as strictly
confidential. NHAI will not return any bid or any information related thereto. All
information collected, analysed, processed or in whatever manner provided by the
Successful Bidder to NHAI in relation to the services shall be the property of NHAI.

The Service Provider shall not keep any copy of the data/ video with them without
prior permission of the NHAI. The Service Provider shall not use any data / video for
any purpose other than that permitted by NHAI.
Adequate cyber security measures shall be taken to protect the entire system and data from
cyber-attacks and data theft.

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7.14 CORRUPT OR FRAUDULENT PRACTICES
NHAI requires Bidder observe the highest standard of ethics during the procurement and
execution of the Contract. In pursuance of this policy:

(a) Defines, for the purposes of this provision, the terms set forth below as follows:
(i) “Corrupt Practice” means the offering, giving, receiving or soliciting of anything
of value to influence the action of a public official in the procurement process or in
Contract execution;
(ii) “Fraudulent Practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a Contract to the detriment of NHAI, and
includes collusive practice among Bidders (prior to or after Bid submission)
designed to establish Bid prices at artificial non-competitive levels and to deprive
NHAI of the benefits of free and open competition;
(iii) “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;
(iv) “Undesirable Practice” means (i) Establishing contact with any person connected
with or employed or engaged by NHAI 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
(v) “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.
(b) will reject a bid if it determines that the Bidder has engaged in corrupt or fraudulent or
coercive or undesirable or restrictive practices in competing for the Contract in
question;
(c) will blacklist/ declare a bidder ineligible, either indefinitely or for a stated period of
time, to be awarded any Contract by NHAI if it at any time determines that the bidder
has engaged in corrupt or fraudulent or coercive or undesirable or restrictive practices
in competing for, or in executing, a NHAI Contract.

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 Appendix-I

Deleted

Page 25 of 80
 PART-II
TERMS OF REFERENCE

Page 26 of 80
 TERMS OF REFERENCE (ToR)
1. Introduction
1.1.1. The NHAI website (NHAI.GOV.IN) presents the following details to the external
audience
a. About NHAI
b. Policy related details
c. Programme related details
d. Road network details including Toll Information and Road Asset Management
System Details
e. Media details – press releases, galleries, etc.
f. Procurement related details
g. Details regarding circulars, bonds, reports, etc.

1.1.2. The current version of the NHAI website has been developed on Dot Net based
solution with SQL 2008/12 as the database. The website contents and database have
been hosted on NIC servers.
1.1.3. The key details of the server configuration are as follows

VM Name Storage (GB) Memory (GB) vCPU OS

RT22NHWP-AppSvr 1060 64 16 Windows Server 2012 R2
Datacenter
RT22NHWP-DBS 1060 64 16 Windows Server 2012 R2
Datacenter

2. PROPOSED CHANGES – Website upgrades

2.1. The Bidder is expected to include the following features for website upgrade
2.1.1. Undertake assessment of existing website development framework and recommend
upgrade to modern technology. The Bidder is also expected to upgrade the website to
modern technologies, subject to approval from NHAI.
2.1.2. Include artificial intelligence based chatbot tools in the website to respond to
common queries raised by the public. Some of these areas could include
a. Details regarding a particular tender dates
b. The tolls payable on a particular route
c. Details regarding policy circular on a particular topic
The above list is only indicative and the Bidder is expected to recommend more
chatbot areas, and implement the same post approvals from NHAI.
2.1.3. The Bidder is also required to implement strategies for efficient archival of various
documents hosted on the website.
2.1.4. The Bidder is also required to ensure that the upgraded website should be fully
secured by necessary fire-walls, antivirus, etc., for protection against intrusion,
hacking, defacing, virus, spam, etc. The website should meet and follow all the
guidelines issued by the CERT-IN and certified by CERT-IN empaneled agencies
before deployment. Bidder is required to ensure that the certification is renewed on an
annual basis.
2.1.5. The standards to be observed in the upgrade have been captured in Appendix A of
this Annexure.

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3. OPERATION and MAINTENANCE
3.1.1. Operational and Maintenance Support of NHAI's applications. Bidder will provide
the services for maintenance of NHAI website for a period of five (5) year. The
Bidder will deploy a minimum of Two (2) resources that will be responsible for
maintaining and upgrading the NHAI Website from time to time. One (1) of these two
(2) resources shall be based in NHAI premises for immediate remediation of issues, if
any.
3.1.2. The standards to be observed in the Operations and Maintenance have been captured
in Appendix B of this Annexure.

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 APPENDIX A to ToR – TECHNICAL SPECIFICATIONS

1. The minimum of the technical specifications which needs to be adhered while maintaining,
updating or revamping the NHAI'S website 1. The website should be compatible to latest
versions of all browsers like Internet Explorer, Netscape Navigator, Mozilla Firefox, Opera,
Safari, Chrome etc.
2. The website post updates should be dynamic and bilingual in English and Hindi with similar
homepage, design, content and images with partially static and partially dynamic page
structure and to support Unicode format which enables convenient and proper upload of
Hindi data. NHAI will provide contents in English and verify translated Hindi content
provided by agency.
3. The administrator should able to update details of ongoing NHAI projects.
4. Look and feel of the website post updates should adhere to International Standard and
making the website level A of WCAG 2.0 as per web content. Accessibility Guidelines of
World Wide Web Consortium (W3C) or higher.
5. The bidder should review other international Road and Highway Construction websites to
benchmark the content and format on NHAI's website and bring it to international
standards.
6. The website post updated should be free from all known vulnerabilities and bugs and should
also have no significant display problems on mobile browsers.
7. Other Technical Requirements of the updated website:
a. Should be able to function in Windows, UNIX, LINUX operating system
b. Should be Develop in Open Source Technologies
c. Should support fail-over and load balancing to facilitate future scalability
d. Should support clustering
e. Should support industry standards communication protocol and data formats such as
HTTP, HTTPS, SSL, XML and HTML for query and retrieval purposes
f. Support the latest web services standards (e.g. SOAP, WSDL, WSRP)
g. Website should support Web 2.0 capabilities
8. Website should continue to be fully in compliant with following e-Governance Standards of
Govt. of India, apart from those already mentioned under this Scope of Work:
1. Technical Standards for Interoperability Framework for eGovernance
(IFEG) in India Version 1.0
2. Character Encoding
3. Framework for Mobile governance issued by GOI- Jan 2012
4. e-Governance Policies of Govt. of India and Deity
5. GIGW and Accessibility Guidelines
1. Should run independent of any IP address. i.e. IP address should not
be hard coded in the source code/configuration
2. Should be compliant with IPv6
3. Intellectual Property Rights (IPR) of the developed material will
remain with NHAI
4. Logging to be enabled for Web Server/ DB Server
9. The website shall contain static and dynamic content, which should be manageable via
CMS (Content Management System) tool in the back end.
10. Some additional areas that the CMS should provide for are as follows:
1. Content repurposing for different audiences and different interfaces.
2. Facilitated metadata generation and management which enables
effective content discovery
3. In context contribution, preview, updates and approvals.

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 4. Email notifications for automated content edits and reviews.
5. Both dynamic and scheduled publishing models.
11. Suggested (not limiting) specifications for the updates:
1. All items would be appropriately aligned on the pages and the layout
would be consistent on all the related pages. There should be a limit
on the amount of white space (areas without text, graphics, etc.) on
pages that are used for scanning and searching.
2. Style and color scheme would be consistent across the site.
3. The developers should use a fluid layout that automatically adjusts
the page size to monitor resolution settings that are 1024x768 pixels
or higher.
4. Since all across the current NHAI website, in maximum of the
webpages, the content details are used through attachments in formats
like PDF and Doc., therefore, by using Document Management
System in the backend; such content should be made dynamic and
easy to show on site.
5. A directory of events which will be update on a regular basis by
designated staff.
6. Designing of Web mailers for NHAI Staff and other users.
7. Outlay of Research Programs & Projects
8. The website, post updates, should remain connected through
Facebook, so that all pages of the website must have embedded links
to connect to Facebook for social media and to You Tube for video.
2. Navigation:
1. The website's navigation scheme and features should allow users to
find and access information effectively and efficiently.
2. Navigation tabs should be located at the top of the page, and look like
clickable versions of real-world tabs.
3. Site maps should be available with all the links of pages existing on
the website and link for the site map should be clearly visible on the
homepage.
4. The navigation elements should be clearly differentiated from each
another and should be placed in a consistent way so that it can be
easily located on each page
3. Where necessary, databases should be created and maintained. For
example: (not limited to) databases for Search keywords, Registered users, e-
mail databases, Vigilance complaints etc. It should support for all platforms
(Operating Systems).
4. The website should show 3-DI 2-D animation or short clips of the
Highways making process etc. for enriching the site. The website should be
flexible enough to accommodate any of these changes immediately. The
website should be able to support the easy incorporation of multimedia
elements, such as photographs, videos, and audio of our supported programs.
The site should continue to have following features:
1. Video Gallery: The website should display a frame for a video which
can either be sourced elsewhere (e.g. YouTube) or uploaded and
served from NHAI's own server, at the developer's discretion
2. 2D/3D clips
3. Optimization of search functionality on website and portal to ensure
that any external (guest, customer, vendor, etc.) or internal user
(NHAI employee) of the website/portal is able to quickly search
content and documents placed anywhere on the website. The search

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 functionality must have auto complete for commonly used, NHAI
web site content relevant searches to make it convenient for the user
to find any information.
4. Automated feedback system for issues/complaints pertaining to the
website
5. Online chats based on chatbot based solution(s) with the registered
users.
12. No advertisement, notice, banner, logo, information of any company other than NHAI shall
appear on NHAI's website, except when specifically indicated and approved by NHAI.
There should be a provision for separate login for the Website Administrator to view online
members, number of hits in day/ month and on search engines, keywords by engine, repeat
and unique visitors, navigation paths, visitor's countries, online applications submitted,
Encryption of passwords etc.
13. The bidder will provide reports, vital statistics and analysis on the website on weekly basis
as per NHAI's requirement. The bidder will generate monthly login reports of the site
consisting of the following information :
1. Total No. of hits, keywords by engine
2. Simultaneous page hits at any time Page-wise breakup of hits
3. Pages visited maximum time
4. Pages visited minimum time
5. Reports in Bar/ graph/ Chart format for data pertaining to document
downloads, uploads, page loading errors, navigation errors, etc.,
6. Repeat and unique visitors
7. NHAI time/ Uptime Report of Website
8. Page Last Updated Status for all the pages of website
9. Visitor's countries, IPs etc.
14. The website should have a section similar to a What's New?' - One of the site's elements
should be a "What's New" area. This is provided for visitors who want to see all new
updates in the area/section of the website that they are browsing. It should list related
documents that have been edited as well as added in reverse chronological order.
Specifications for Front end: Create a remarkable, secure, bug-free, user friendly, well
design and easy to navigate Website offering several interactive features to the visitors. The
color, design and layout of the Website should reflect the status of NHAI as a reputed
organization for developing International standard roads with world class facilities for
uninterrupted flow of traffic:
1. Preferred Color combination: To be decided in consultation with
NHAI
2. Preferred Layouts: http://www.un.org, http://www.india.gov.in
3. Preferred Side Menu: To be decided in consultation with NHAI
4. Preferred main menu: To be decided in consultation with NHAI Web
portal for reference:
15. Design an innovative homepage with latest flash images along with scrolling slogans and
interior pages to the satisfaction of
16. Specifications for Back end: Create a robust and intuitive customized "Content
Management System" based on NHAl's requirements. The CMS should allow NHAI to
manage and update the Website (e.g. create modify new pages, menus, sub-menus, add/
delete images, change content etc.) easily through sub-administrators / special NHAI users
who are not expected to have any special technical knowledge and specific software. These
special, authorized NHAI officials need not have to route their data publish or document
upload or modification requests through a Web Admin but can easily publish/upload
information on the web site on their own, thereby reducing dependencies on critical
information broadcasting through the new NHAI website.

Page 31 of 80
17. The updated website should be database-driven/ modular so that it can handle all the
existing information and be able to handle forthcoming dynamic information and documents
that would be uploaded on regular basis.
18. The Bidder would be responsible for regular back-up of the entire Website and Intranet
during the maintenance period at the IT infrastructure provided by NHAI. The same should
be successfully restored when needed. An uptime of 99.00% has to be assured.
19. Search Engine Optimization: The Bidder is required to ensure that when content is
displayed, it is as search engine friendly as possible and search-engine-friendly design to
help the site stay in favor with the search engines. Use of Highways related unique
keywords to optimize search result and increase the ranking with search engines. Necessary
text based key word search be made available to users to search for relevant content on the
Intranet. The solution provider will provide basic support with Google Analytics on as
needed basis. NHAI Website would need to have its own keyword search to facilitate
visitors which should be able to do a comprehensive search on Website for any content. As
a minimum NHAI would like to see employed:
1. Sitemap for visitors listing all content in a structured way;
2. Sitemap in XML format or similar for submissions to search engines;
3. An option for the visitor to extract the HTML needed to link to this
page with appropriate keyword links.
4. The developer must ensure that the above protocols hold for both
HTML page content and for documents that are accessed through the
web.
20. NHAI’s forms/ documents/tenders/ brochures etc. will be available from the site in the form
of .xls, .doc, .pdf format etc. (with adequate security features/ file protection) and few of
them possibly with print option only. No one will be authorized to modify, add, delete, the
existing data or info on the site.
21. NHAI wishes to facilitated for its employees, in which employees/ registered users with
restricted rights i.e. Some authorized users from different PIUS, Division can upload their
data in NHAI's website including tenders, corrigendum etc.
22. Login and Logout: Everything should be done to ensure that the login and logout procedure
is as simple and as automated as possible. In addition, by use of sessions and cookies the
user should stay logged in until they manually log out. For users that forget their login
details, an automated forgotten password retrieval procedure should be provided. Also,
remember me facility should store the information on the visitor's computer.
23. NHAI may in future intend to provide more facilities of on-line information to its users.
Accordingly, Website should be able to cater to such requirements in an interactive manner.
24. Site Feedback: One of the measures that the website is meeting, the need of its visitors is to
invite and encourage feedback. For each page of content, a question asking whether the
visitor found the content useful and, if not, why not would be required. The feedback from
this would be aggregated and available as a metrics report to suitable authorized website
users.
25. There should be provision to enter CAPTCHA for Feedback forms.
26. The bidder shall ensure that NHAI's website is fully secure and should meet and follow all
the guidelines issued by the CERT-IN.
27. The Bidder should improvise existing NHAI Website without changing Information content
and develop equivalent web-pages in Hindi. Home page must be designed with decent
Highways related flash banner. The pages may be required to be updated/ re-organized for
better dissemination of information. Duplicate pages, if any, needs to be removed and new
pages for additional information such as site map, privacy policy, disclaimer etc., may be
required to be added. The prospective bidders are advised to visit the existing website of
NHAI (http://www.nhai.gov.in)

Page 32 of 80
28. Register your complaint:- There should be a link to register complaint for road condition,
road safety etc. The user can fill in his details as well as his on-line complaint for redressed
by the concerned authorities.
29. Portal Administrator: - Administrator should be provided a CMS (Content Management
System) so that he can make changes (textual changes) in all static/ dynamic pages.
Database should be available online for administrator/ authorized user. Selected users of
NHAI should be able to upload their documents in the selected categories. As defined
earlier.
30. Implementation of Security features: - The website should have security features for access
to authorized users on certain restricted web pages. General users may not be able to access
such web pages without proper login id and password.
31. Site Evaluation – The site should have features to use Google Analytics, or similar features,
to determine the pages aren't performing and recommend strategies to increase performance
and page traffic.
32. Performance of the website post updates:
1. High performance web pages for speedy access to one page from
other (-in less than a second).
2. Performance and Load testing shall be performed periodically by the
Bidder to ensure that the portal meets pre-defined performance and
load testing metrics.
33. Keyword research should be based on NHAI's Business Strength, Location, Work Done,
Future plan, News, Media etc. Keyword research based on location, business strengths and
offerings.
34. On-Page Optimization of 15 pages including Page titles, Meta descriptions, and H1 tags.
35. Website has either a "search" box or a link a "search" page from every page of the website.
36. Website should comply to features Govt. website i.e. India.gov.in
37. Bidder should provide an exhaustive list of any third party software that it intends to use in
its development and ensure that each meets the following criteria:
1. It does not commit NHAI to an ongoing cost for use of those
software;
2. It is not "proprietary" in the sense that modifications (either to the
input or output of the web portal's source code) cannot be made.
38. All the Licenses offered by the Bidder shall also conform to the statutory requirements of
Government of India, the State Governments and any other regulatory specifications.
39. Copyrights
Any software, hardware, data, awards, certificates, patent, etc. shall be absolute
property of NHAI. The Successful Bidder shall transfer to NHAI all Intellectual Property
Rights of the Web portal developed. The Successful Bidder shall relinquish to NHAI the
source code of the developed website/web portal within 30 days from the date of acceptance
of the website/web portal. The source code supplied to NHAI shall at all times be complete,
accurate, and its copy up-to-date and corresponding exactly to the current production release
of the software at the date and time of submission.

Page 33 of 80
 APPENDIX B to ToR – MAINTENANCE REQUIREMENTS
The illustrative list of activities which the Solution Provider is to perform during the
Operation and Maintenance Support Period are as under:

1. Constant checking status of links so as to ensure that there is no dead link in the website.
2. Development of small modules (if required) within website which are not going to affect to
design framework and database structure.
3. Periodically update and insert static pages as per Department's directives
4. Have personnel to collect documents/ information from the NHAI office as and when
required
5. Installing all software patches & updates released by the website/web portal related
software OEMs
6. Be equipped with all basic communication and coordination facilities like laptop, mobile,
etc.
7. Have all allied facilities (that may not be necessarily be spelt in the scope of job) to ensure
smooth flow of information and operations.
8. Prepare and participate in Monthly review meetings at NHAI' office on a date
communicated by the NHAI
9. Ensure that the holiday list (non-working days) of the bidder will necessarily be in tandem
with the NHAI to ensure seamless working
10. Provide continuous, consistent website support.
11. The bidders' team servicing NHAI account has to be available for full work day from
Monday to Friday on working hours and staggered in such a way so that they are available
accessible on Saturday or Sundays or any other holidays for any coordination or urgent
updation of the website.
12. Necessary documentation on the site functionalities has to be provided as and when
required/ demanded by NHAI
13. Bidder is expected to name a member among the proposed deployed team who will act as
your Delivery Manager during Maintenance and Support. This may or may not be an actual
developer but should be someone that understands the basics of project management, has
authority to affectively deal with problems that arise and has a firm understanding of the
technical aspects that are on-going with the website project.
14. The bidder will ensure that the personnel assigned for the project possess the requisite
technical skills in the relevant areas as referred in several places in this document and as per
the requirement of the scope of the job. The personnel should be on the rolls of the bidder.
15. In addition to the team deployed onsite, a dedicated team of Programmer and Graphic
designers, and Content Writer/ Editor should be available from backend side of the bidder
who can provide support to the deployed O&M team members for any updation/ minor
upgradation of website. Also, in case of absence of the personnel deployed at NHAI's end
for any reason whatsoever has to be filled in/ supported by any temporary member
immediately.
16. The team will be responsible for backup of the website and to should be available on high
quality high speed CD/DVD media on regular intervals of time.
17. In case of any problems in the website due to system error, the bidder will deploy additional
and adequate resources for error correction. The O&M team will require to coordinate with
respective vendor maintaining hardware/ software to restore the website.
18. The O&M team shall be responsible for any bug-fixing and updation of content on regular
basis.
19. The O&M team shall be responsible for resolution/ coordination with the third party agency
dealing with web hosting services of the portal.

Page 34 of 80
20. The work also includes operating, maintaining and updating the websites, project specific
websites and its databases as mentioned above and MIS report generation as well as
performing all the software system/ application related tasks assigned by NHAI from time
to time.
21. The O&M team shall be responsible for content updation, bug-fixing activities, conduct
training, preparation of additional reports and further enhancing the existing system and its
capability to produce reports.
22. The O&M team shall be responsible to coordinating with stake holders (NHAI, vendor, etc.)
for ensuring that the website is smoothly working. The O&M team shall also be responsible
for continuous content updation and coordination with NHAI business users for various
activities like updation of English and Hindi website, Complaint Redressal System, tenders
uploading, etc.
23. Maintenance and updating the website, on regular basis, shall include any further redesign
and addition of pages (graphical, text and Flash), digitization and internet coding of video
Clippings and uploading the same, uploading of photo gallery, addition of features and any
other additional work of minor nature required to be done during the whole contract period.
24. Penalty for Operations & Maintenance
a. Bi-monthly Payment calculation begins at the 100% of committed payment; actual
payment eligibility is calculated by reducing the penalty amounts (based on
percentages) from the committed payment. Penalties are calculated on a monthly
basis. e.g., 0.1% penalty = 0.1% of the monthly payment.
b. For downtime of each 0.1% beyond 99.00%, penalty will be deducted quarterly on
the payments for AMC as under:

Ref. No Service Metric SLA Measurement Penalty

1. Operational Support Reported problems to be attended 0.1% penalty
in 2 Hour. Bidder to provide for every
escalation matrix for calls not hour over the
resolved in 3 hours SLA.

c.) The maximum value of penalty limits to a maximum of 5% of the Project Cost.

Page 35 of 80
 PART-III
FORMAT FOR BID SUBMISSION

Page 36 of 80
 Form T-1: Technical Bid Covering Letter
(To be prepared on letterhead of the Bidder, scanned & uploaded on E-tender portal)
To,
General Manager (IT)
National Highways Authority of India
G 5&6, Sector-10, Dwarka,
New Delhi - 110075
Sub.: RFP for ---------------------------------------------

Ref:

Dear Sir,
1. I/We, the undersigned, have carefully examined the contents of the above referred RFP
document including amendments/ addendums (if any) thereof and we undertake to fully
comply and abide by the terms and conditions specified therein and hereby submit our Bid
for the aforesaid service. Our bid for the subject RFP is unconditional and unqualified.
2. I/We offer to execute the work in accordance with the Scope of work and the Conditions of
Contract of this RFP both explicit and implied.
3. I/We undertake that, in competing for (and, if the award is made to us), for executing the
above contract, we will strictly observe the laws against fraud and corruption in force
in India namely “Prevention of Corruption Act 1988”.
4. I/We understand that :
(a) This bid, if found incomplete in any respect and/ or if found with conditional compliance
or not accompanied with the requisite Bid Security, shall be summarily rejected.
(b) If at any time, any averments made or information furnished as part of this bid is found
incorrect, then the bid will be rejected and the contract if awarded on the basis of such
information shall be cancelled.
(c) NHAI is not bound to accept any/ all Bid(s) it will receive.
(d) Until a contract is executed, this bid together with RFP Document as well as notification
of Letter of Award issued by NHAI shall constitute a binding Contract between us.
5. I/We declare that :
(a) I/We have not been blacklisted/ declared ineligible by NHAI or Ministry of Road
Transport & Highways, Government of India or any other agency. I/We also confirm that
I/We have not been declared as non-performing or debarred by NHAI or Ministry of
Road Transport & Highways, Government of India.
(b) I/We haven’t been blacklisted by a Central/ State Government Institution/ Public Sector
Undertaking/ Autonomous body and there has been no litigation with any Government
Department/ PSU/ Autonomous body on account of similar services.
(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 the Contract Agreement, in respect of any tender or
request for proposal issued by or any Contract entered into with NHAI or any other
public sector enterprise or any government, Central or State; and I/We hereby certify that
we have taken steps to ensure that in conformity with the provisions of the RFP
document, 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.

Page 37 of 80
6. In the event of my / our bid being declared as successful bid, I/we agree to enter into a
Contract Agreement in accordance with the format of the Contract Agreement. I/We agree not
to seek any change in the aforesaid format of the Contract Agreement and agree to abide by
the same.
7. I/We certify that :
(i) I/We 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 subject
work or which relates to a grave offence that outrages the moral sense of the community.
(ii) Neither the bidder nor any of its Directors are the subject of criminal or civil proceedings
that could be expected to adversely affect its business or its ability to bid in the present
tender.
(iii) No investigation by a regulatory authority is pending either against us or against our
CEO or any of our directors/ managers/ employees.
(iv) I / We don’t have any conflict of interest in terms of Clause 2.2 of eligibility criteria
defined in this RFP document.
(v) The information provided in this technical bid (including the attachments) as well as
the financial bid is true, accurate and complete to the best of my knowledge and belief.
Nothing has been omitted which renders such information misleading; and all documents
accompanying my/our bid are true copies of their respective originals. I/We shall be
liable for disqualification or termination of contract at any stage, if any information/
declaration is found to be incorrect or false. I/We will intimate NHAI promptly in case of
any change in the information submitted as part of this technical bid.
(vi) I/We offer the cost of the RFP document and bid security in accordance with the RFP
document as per the details furnished below:
DD/ Bankers Date Amount (Rs.) Issuing Bank/
Cheque No. Branch
1.Tender Fee

2. Bid Security

(vii) The documents in original accompanying the bid document have been submitted in a
separate envelope as envisaged in the RFP document and marked appropriately.
(viii) I am the Director / Authorized Signatory of the aforesaid company / firm and I am
authorized to sign this bid on behalf of the firm / company. I am submitting this bid after
carefully reading all the terms and conditions contained in the RFP document and its
addendum/ amendment, if any, and undertake to abide by the same. It is also certified
that the bid is being submitted in the prescribed formats without any addition / deviation /
alteration and our bid is unconditional.
We remain,

Yours sincerely,

Name ………………….

Designation/ Title of the Authorized Signatory………………………

Page 38 of 80
 Form T-2: Brief Information about the Bidder(s)
(To be prepared on letterhead of the Bidder, scanned & uploaded on E-tender portal)

Sub.: RFP for --------------------------------------------

Ref:

1. (a) Name of Bidder:

(b) Year of establishment

(c) Constitution of the bidder entity e.g. Government enterprise, private limited company,
limited company, proprietorship / partnership firm etc.

(d) In case of a Government enterprise, please indicate as to whether legally and financially
autonomous and operate under commercial law.
Yes/ No/ Not applicable
(e) Name(s) of Directors/ Proprietors/ Partners

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

2. Address for correspondence with Telephone/ Fax numbers/ e-mail address:

(a) Complete postal address:

(b) Fixed telephone number

(c) Mobile telephone number

(d) E-mail address

3. Name & Address of the principal banker4:

(a) Bank A/c Number
(b) Branch Address
(c) IFSC /MICR Code:

4. Name of the Statutory Auditor/ Company Secretary/ Chartered Accountant certifying the
documents along with his/ her Membership number, if applicable:

Name ………………….
Designation/ Title of the Authorized Signatory…………………………

Note: In case of JV/ Consortium, the aforesaid information shall be required for each member of the JV/
Consortium separately.

4
These details are required for refund of Bid Security

Page 39 of 80
 Form T-3: Power of Attorney

Know all men by these presents, we, ......................................... (name of Company and
address of the registered office) do hereby constitute, nominate, appoint and authorize Mr /
Ms........................................ son/daughter/wife of……………………………….. and presently
residing at ........................................, who is presently employed with us and holding the
position of .................... as our true and lawful attorney (hereinafter referred to as the
“Authorized Signatory or 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 selection as the Service Provider for “Operation and Maintenance
of NHAI Website” proposed by National Highways Authority of India, including but not
limited to signing and submission of all applications, bid(s) and other documents and
writings, and providing information/ responses to NHAI, representing us in all matters
before NHAI, signing and execution of all contracts and undertakings consequent to
acceptance of our bid and generally dealing with NHAI in all matters in connection with or
relating to or arising out of our Bid for the said Tender and/or upon award thereof to us.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or
caused to be done by our said Authorised Signatory or 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 Authorised Representative/ 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
...................., 2017

For .......................................
(Signature, name, designation and address)
Witnesses:
1.

2.
Notarised
Accepted
........................................
(Signature, name, designation and address of the Attorney)

Page 40 of 80
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. The Power of Attorney should be executed on a non-judicial stamp paper of
appropriate denomination and should be duly notarised by a notary public.

Wherever required, the Bidder should submit for verification the extract of the charter
documents and other documents such as a 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, Bidders from countries that have signed the Hague Legislation
Convention 1961 need not get their Power of Attorney legalised by the Indian Embassy if it
carries a conforming Apostles certificate.

Page 41 of 80
 Form T-4: Power of Attorney for Lead Member of JV/ Consortium

Whereas the National Highways Authority of India (“Authority”) has invited bids from
interested parties for the selection as the Service Provider for “Operation and Maintenance
of NHAI Website” (“the Project”).

Whereas, ………………., …………….. and ………………….. (collectively the “JV/

Consortium”) being Members of the JV/ Consortium are interested in bidding for the
Project in accordance with the terms and conditions of the Request for Proposal and other
connected documents in respect of the Project, and

Whereas, it is necessary for the Members of the JV/ Consortium to designate one of them as
the Lead Member with all necessary power and authority to do for and on behalf of the JV/
Consortium, all acts, deeds and things as may be necessary in connection with the JV/
Consortium’s bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, M/s. …………….. having our registered office at …………………., M/s.

………………….., having our registered office at ………………., and M/s. ………………..,
having our registered office at ……………………., (hereinafter collectively referred to as the
“Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorise
M/s……………….., having its registered office at ………………, being one of the Members
of the JV/ Consortium, as the Lead Member and true and lawful attorney of the JV/ Consortium
(hereinafter referred to as the “Attorney”) and hereby irrevocably authorize the Attorney (with
power to sub-delegate) to conduct all business for and on behalf of the JV/ Consortium and any
one of us during the bidding process and, in the event the JV/ Consortium is awarded the
Contract, during the execution of the Project, and in this regard, to do on our behalf and on
behalf of the JV/Consortium, all or any of such acts, deeds or things as are necessary or required
or incidental to the submission of its bid for the Project, including but not limited to signing and
submission of all applications, bids and other documents and writings, accept the Letter of
Award, participate in bidders’ and other conferences, respond to queries, submit information/
documents, sign and execute contracts and undertakings consequent to acceptance of the bid of
the JV/Consortium and generally to represent the JV/Consortium 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 JV’s/ Consortium’s bid for the Project and/ or upon
award thereof till the Contract is entered into with the Authority and Completed.

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/ JV/Consortium.

Page 42 of 80
 IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS …………….. DAY OF …………… 20……..

For ……………….

(Signature, Name & Title)

For ……………….

(Signature, Name & Title)

For ……………….

(Signature, Name & Title)

Witnesses:

1.

2.

(Executants)
(To be executed by all the Members of the Consortium)
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. The Power of Attorney should be executed on a non-judicial stamp
paper of appropriate denomination and should be duly notarized by a notary public.
 Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favor 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
legalized by the Indian Embassy and notarized 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 legalized
by the Indian Embassy if it carries a conforming Apostille certificate.

Page 43 of 80
 Form T-5: Joint Bidding Agreement for JV/ Consortium
(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 NATIONAL HIGHWAYS AUTHORITY OF INDIA, established under the National
Highways Authority of India Act 1988, represented by its Chairman and having its principal
offices at G-5 & 6, Sector 10, Dwarka, New Delhi-110075 (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 NHAI/13051/01/2017-IT (Revised) dated 21/06/2017 (the “RFP”) for
award of contract for “Operation and Maintenance of NHAI Website” (the “Project”).

(B) The Parties are interested in jointly bidding for the Project as members of a JV/ Consortium
and in accordance with the terms and conditions of the RFP document and other bid
documents in respect of the Project, and

(C) It is a necessary condition under the RFP document that the members of the JV/ Consortium
shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Bid.

NOW IT IS HEREBY AGREED as follows

Page 44 of 80
1. Definitions and Interpretations

In this Agreement, the capitalized terms shall, unless the context otherwise requires, have the
meaning ascribed thereto under the RFP.

2. Consortium

2.1 The Parties do hereby irrevocably constitute a JV/ consortium (the “JV/ Consortium”) for
the purposes of jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this JV/
Consortium and not individually and/ or through any other JV/Consortium constituted for
this Project, either directly or indirectly or through any of their Associates.

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 a Contract Agreement with the Authority
for performing all its obligations as the Service Provider in terms of the Contract Agreement
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 Consortium and shall have the power
of attorney from all Parties for conducting all business for and on behalf of the Consortium
during the Bidding Process and till the completion of Project as per Contract Agreement;

(b) Party of the Second Part shall be {the ______Member of the Consortium ;}

{(c) Party of the Third Part shall be the _____Member of the Consortium; and}

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
Contract Agreement, till such time as the completion of the Project is achieved under and in
accordance with the Contract Agreement.

Page 45 of 80
6. Stakes in the JV/ Consortium

The Parties agree that the proportion of stakes among the Parties in the JV/ Consortium shall be as
follows:

First Party:
Second Party:
{Third Party:}

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 organized, 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
authorized 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 favor of the
person executing this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the JV/ Consortium 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
organizational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other governmental
authorization, 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

(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

Page 46 of 80
 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 completion of the Project is achieved under and in accordance with the Contract
Agreement, in case the Project is awarded to the JV/ Consortium. However, in case the JV/
Consortium is either not qualified for the Project or does not get selected for award of the
Project, the Agreement will stand terminated in case the Bidder is not qualified or upon
return of the Bid Security by the Authority to the Bidder, as the case may be.

9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of India.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties
without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of
LEAD MEMBER by: SECOND PART

(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)

SIGNED, SEALED AND DELIVERED

For and on behalf of
THIRD PART

(Signature)
(Name)
(Designation)
(Address)

In the presence of:

1. 2.

Page 47 of 80
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. The Power of Attorney should be executed on a
non-judicial stamp paper of appropriate denomination and should be duly notarized by a
notary public.

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 favor of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of
the Consortium Member.

3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed.

Page 48 of 80
 Form T-6: Format of submission of Work Experience / Technical Strength of Bidder

Sub.: -----------------------------------

Ref: RFP No. -----------------------------------------.

Assignment Name: Country: India

Location within Country :
Name of Client: Address:

Duration of Assignment (Months): Total No of Staff-Months of the

Stat Date (Month/Year): Assignment:
Completion date (Month/Year): Total No of Staff :
Months of the Assignment :
Approx. Value of the contract (in Current
INR):

Narrative description of Project:

Description of actual services provided by your staff within the assignment:

Note: Bidder should submit relevant details of each projects in this format and should enclose:
(i) Go-live / acceptance / completion Certificate issued by the customer; and
(ii) Work Order / Purchase order / Copy of contract / Letter of Award highlighting detailed
scope of project implemented within the last 5 financial years prior to the Bid due date as proof
for the same.

Page 49 of 80
 Form T-7: Affidavit on Litigation / Arbitration History
(on Non-judicial Stamp Paper of Value Rs.100/-)

Name of Bidder: ……………………………………………..

The Bidder should provide information on any history of litigation or arbitration resulting
from the contracts executed for NHAI / MoRT&H in the last five years or currently under
execution.
Year Award for or against Name of Client, Cause Disputed Amount Actual Awarded
Bidders of Litigation and (Current Value in Amount in India
Matter in Dispute India Rs.) Rs.

INFORMATION REGARDING CURRENT LITIGATION, DEBARRING / EXPELLING

OF BIDDER OR ABANDONMENT OF WORK BY BIDDER
1. (a) Has the Bidder or its constituent partners history of litigation awarded against him?

Yes No

(b) If yes, give details

…………………………………………………………………………………..
……………………………………………………………………………………..
2. (a) Has the Bidder or any of its Constituent Partners or Directors been debarred /
expelled, during the last 5 years as on the date of bid, on the basis of their
performance in any assignment or for any other reason including fraudulent and
corrupt practices, etc.?

Yes No

(b) If yes, give details including period of debarment:

…………………………………………………………………………………..
…………………………………………………………………………………..
3. (a) Has the Bidder or any of its Constituent Partners or Directors failed to perform on
any contract, during the last 5 years as on the date of bid, as evidenced by
imposition of a penalty or a judicial pronouncement or arbitration award or has
been expelled from any work or contract or have had any contract terminated for
breach on their part or abandoned any contract work or has been declared
bankrupt?

Yes No

(b) If yes, give details

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

Note: If any information in this affidavit is found to be incorrect or concealed,

prequalification / bid will be summarily rejected. Based on information in this affidavit,
NHAI, in its sole discretion shall take a decision to prequalify the Bidder.

Page 50 of 80
 Form T-8 Format of Certificate in respect of Bidder’s Average Annual Turnover and
Networth
CERTIFICATE (To be given by a Statutory Auditor)

Sub.: -----------------------------------------

Ref: RFP No. -----------------------------------------------

Dated: ….. /…../2018

Certificate of Annual Turnover and Networth

It is certified that we have examined the audited books of accounts of M/s.

__________ (name and address of the bidder) _____________________________ and
the details of the annual turnover during the last three financial years and net worth as on
31.03.2018 are as under:
a) Annual Turnover from Information Technology / Communication Technology
/ System Integration Business
Amount in Rs.
Financial Year5 Amount in Amount in words
figures
FY 2015-16
FY 2016-17
FY 2017-18
Average of 3 years

(Signature of Statutory Auditor)

Name:
Seal:
Place: ……… ___________________
For (Name of Accounting Firm)
______________
Name of Partner/Proprietor
________________
Membership Number
Rubber Stamp

Page 51 of 80
 Form T-10 Details of Certification(s), Affiliation(s),
Authorised Partner(s) of OEM/Other leading technology providers/
System Integrators, supported with certified copies.

Sub.: ----------------------------------------------

Ref:

Dated: ….. /…../2018

Sr. Particulars of Certification(s), Details of Technology Partner Year of Validity

No. Affiliation(s), International or Agency granting Achievement (if any)
rating(s), Authorized Partner(s) certification, affiliation, etc.
1
2
3
4
5
6

Please add additional rows, if required.

Please include details of following certifications (along with certificate copies) at a minimum
(i) NICSI Empanelment (Under NICSI Tender no: NICSI/Website
Development/2015/42

Page 52 of 80
 Form T-12: PROFORMA FOR SUBMITTING WRITTEN QUERIES
(To be submitted in doc/editable format only at the given email address6)

Sub.: RFP for --------------------------------------------------

Ref:

Name of Company: ______________________________,

Name of Person_____________________
Contact No. _______________________,
Email Id: __________________________________

S. Page no. of Clause RFP Statement Query Remarks

N RFP
o
.

Page 53 of 80
 Form F-1: Format for Financial Bid Submission
(For sample only, actual Format to be downloaded from e-tender portal for on-line submission)
Sub.: RFP for Operation and Maintenance of NHAI Website

Ref:

Dear Sir,
I/We, the undersigned having examined the above referred RFP including
addendums thereof and, hereby offer to submit our bid to undertake the subject assignment
with total bid value as per milestone and break-up furnished below.

Financial Proposal:

S.No. Particulars Total Cost (in numbers) (excluding GST)

Cost for Maintenance of

A NHAI’s Website and relevant
certifications for 5 Years
Total Cost in words :

1. I/We do hereby confirm that my/ our bid price include all statutory taxes/ levies but excluding
GST (as applicable on the services). I/ We also declare that any tax, surcharge on tax and / or
any other levies, if altered in future and payable under the law, the same shall be borne by me/
us.

2. The quoted rates for all items shall remain unchanged for entire term of the Contract
Agreement.

3. This bid is valid for a period of 120 calendar days from the bid due date.

4. I/ We, understand that the

(a) applicable GST (as applicable on services) shall be reimbursed by NHAI separately on
production of proof of payment and CA certificate; and
(b) TDS will be deducted against payments as per Applicable Law.
(c) In case of any difference in figures and words, the amount mentioned in words will
prevail.

Yours sincerely,

Name ………………….

Designation/ Title of the Authorized Signatory…………………………

Page 54 of 80
 FORMAT FOR SUBMISSION OF PBG

Performance Bank Guarantee (PBG)

To,
The Chairman,
National Highways Authority of India
Plot Nos. G-5 & 6, Sector-10
Dwarka, New Delhi – 110075
India

WHEREAS M/s_________________________________________[Name and address of Agency]

(hereinafter called “the Service Provider”) has applied in pursuance to NHAI’s Notice Inviting
Tender (NIT) against RFP No. ….. ……………… dated …………………… for “---------------------
--------” and has been adjudged successful bidder vide Letter of Award (LoA) No. ……… dated
……. and has been asked to sign a Contract Agreement in terms of the said RFP.

AND WHEREAS it has been stipulated by NHAI in the said letter that the Service Provider shall
furnish a Bank Guarantee for the sum specified therein as security for compliance with his
obligations in accordance with the terms & conditions of contract.

AND WHEREAS we have agreed to give the Service Provider such a Bank Guarantee:

NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the Service Provider up to a total of ` ………….…../- (Rupees ………………………) only, such
sum being payable in the types and proportions of currencies in which the Contract Price is
payable, and we undertake to pay you, upon your first written demand and without cavil or
argument, any sum or sums within the limits of ` ……………./- as aforesaid without your needing
to prove or to show grounds or reasons for your demand for the sum specified therein.

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

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

3. We undertake to pay to the NHAI any money so demanded notwithstanding any dispute or
disputes raised by the Service Provider(s) in any suit or proceedings pending before any Court
or Tribunal relating thereto our liability under this present being absolute and unequivocal. The
payment so made by us under this bond shall be a valid discharge of our liability for payment
thereunder and the Service Provider(s) shall have no claim against us for making such payment.

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

5. 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.

55
6. This bank guarantee shall be valid from ……………………

7. Notwithstanding anything contained herein:

(i) Our liability under this Bank Guarantee shall not exceed ……………/-
(ii) The Bank Guarantee shall be valid up to……………………………………………
(iii) We are liable to pay the Guarantee amount or any part thereof under this Guarantee only
and only if you serve upon us a written claim or demand on or before ……………

Date : Name:
Designation:
Employee Code Number:
Telephone Number:

Name of issuing bank branch ___________________________________________

Address ____________________________________________________________

Telephone number ___________________________________________________

E-mail: ____________________________________________________________

Name of controlling bank branch ________________________________________

Address ____________________________________________________________

Telephone number ___________________________________________________

E-mail: ____________________________________________________________

Name of bank branch at New Delhi ______________________________________

Address ____________________________________________________________

Telephone number ___________________________________________________

E-mail: ____________________________________________________________

Page 56 of 80
 PART-IV
DRAFT FORM OF CONTRACT AGREEMENT
DRAFT CONTRACT AGREEMENT
No. …………………..

This Contract Agreement (hereinafter called the “Contract”) is made on this _____day of the
month of ___________, 2017.
BETWEEN

National Highways Authority of India (NHAI), constituted by an Act of Parliament, The

National Highways Authority of India Act, 1988, and having its head office at G 5 & 6, Sector
10, Dwarka, New Delhi-110075 (hereinafter referred to as the “NHAI”, which expression shall,
unless repugnant to or inconsistent with the context, mean and include its successors and
assigns) of the first part.
AND
M/s___________________, a company incorporated under the provisions of the Companies
Act, 1956 and having its registered office at _________________________________________
(for and on behalf of Consortium comprising…………………,………………and (collectively
the “Consortium”) with………………………as its lead member (the “Lead Member”)) (hereinafter
referred to as the “Service Provider” which expression shall unless repugnant to or inconsistent
with the context, mean and include its successors and assigns) of the OTHER PART.

WHEREAS
(a) the Service Provider, in the ordinary course of its business, is engaged in providing similar
services to their clients, and have represented to NHAI through their bids, against RFP for
Operation and Maintenance of NHAI Website, RFP No. ----------------- on above subject.
(hereinafter called the “Tender”) for --------------------------------------------- that they have the
required professional skills, personnel and technical resources to provide the required
Services;

(b) on the basis of the said Tender, NHAI has adjudged the Service Provider as a Successful
Bidder and issued Letter of Award (LoA) No. ……………………… dated __.__.2017 for
the same;

(c) the Service Provider has agreed through their letter of acceptance No ……….. dated ……..
to provide the said Services on the terms and conditions set forth in this Contract Agreement
and has also submitted performance bank guarantee equivalent to ………………. (Rs.
…………………….) such that it remains valid until one year beyond completion of the
contract.

NOW THEREFORE, in consideration of the foregoing and the respective covenants and
agreements set forth in this Contract Agreement, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, the Parties hereby agree as follows:

1. The mutual rights and obligations of the Service Provider and NHAI shall be as set forth
in this Contract Agreement, in particular:

(a) The Service Provider shall carry out the Services in accordance with the
provisions of the Contract; and

57
 (b) NHAI shall make payments to the Service Provider in accordance with the
provisions of the Contract.
2. The following schedules/ appendices shall be deemed to form and be read and construed
as part of this Contract Agreement viz.

(a) Schedule A: Conditions of Contract

(b) Schedule B: Terms of Reference
(c) Schedule C: Annuity Payment Schedule
(d) Appendices:
Appendix A Copy of Financial Bid of the Service Provider
Appendix B Letter of Award issued by NHAI.
Appendix C Letter of Acceptance submitted by the Service Provider
Appendix D Copy of the Performance Security submitted by the Service
Provider including copies of confirmation provided by the
respective bank.
Appendix E Copy of the Technical Bid and/or any subsequent correspondence
of the Service Provider/ NHAI
Appendix F Copy of RFP Document and subsequent amendment / addendum
including Minutes of Pre-bid Meeting, if any

IN WITNESS WHEREOF, the parties hereto have caused this Contract Agreement to be
executed by their respective authorized representatives on the day and year first before
written.

FOR AND ON BEHALF OF FOR AND ON BEHALF OF

(National Highways Authority of India) (M/s __________________________)
(Authorized Representative) (Authorized Representative)
Name : ______________ Name : ______________________
Designation___________________ Designation : __________________
National Highways Authority of India M/s __________________________
G-5&6, Sector – 10, Dwarka Address :_______________________
New Delhi – 110075

In the presence of following witnesses:

Name : ______________ Name : ______________________

Designation___________________ Designation : __________________
National Highways Authority of India M/s __________________________
G-5&6, Sector – 10, Dwarka Address :_______________________
New Delhi – 110075

Name : ______________ Name : ______________________

Designation___________________ Designation : __________________
National Highways Authority of India M/s __________________________
G-5&6, Sector – 10, Dwarka Address :_______________________
New Delhi – 110075

Page 58 of 80
 DEFINITIONS AND INTERPRETATIONS
1.1 Definition
The words and expressions beginning with capital letters and defined in this Contract
Agreement shall, unless the context otherwise requires, have the meaning ascribed thereto
herein and the words and expressions defined in the Schedules and used therein shall have
the meaning ascribed thereto in the Schedules annexed hereto. Words used in capitals and
not defined herein but defined in the RFP shall have the meaning as ascribed thereto in the
RFP.

1.2 Interpretation

1.2.1 In this Contract Agreement, unless the context otherwise requires,

a) references to any legislation or any provision thereof shall include amendment or re-
enactment or consolidation of such legislation or any provision thereof so far as such
amendment or re-enactment or consolidation applies or is capable of applying to any
transaction entered into hereunder;

b) references to laws of India or Indian law or regulation having the force of law shall
include the laws, acts, ordinances, rules, regulations, bye laws or notifications which
have the force of law in the territory of India and as from time to time may be
amended, modified, supplemented, extended or re-enacted;

c) references to a “person” and words denoting a natural person shall be construed as a

reference to any individual, firm, company, corporation, society, trust, government,
state or agency of a state or any association or partnership (whether or not having
separate legal personality) of two or more of the above and shall include successors
and assigns;

d) the table of contents, headings or sub-headings in this Contract Agreement are for
convenience of reference only and shall not be used in, and shall not affect, the
construction or interpretation of this Contract Agreement;

e) the words “include” and “including” are to be construed, without limitation and shall
be deemed to be followed by “without limitation” or “but not limited to” whether
or not they are followed by such phrases;

f) any reference to any period of time shall mean a reference to that according to Indian
Standard Time;

g) any reference to day shall mean a reference to a calendar day;

h) references to a “business day” shall be construed as a reference to a day (other than a
Sunday and holidays) on which banks in their respective States are generally open for
business;

i) any reference to month shall mean a reference to a calendar month as per the
Gregorian calendar;

j) references to any date, period or time shall mean and include such date, period or
time as may be extended pursuant to this Contract Agreement;

Page 59 of 80
k) any reference to any period commencing “from” a specified day or date and “till” or
“until” a specified day or date shall include both such days or dates; provided that if
the last day of any period computed under this Contract Agreement is not a business
day, then the period shall run until the end of the next business day;

l) the words importing singular shall include plural and vice versa;

m) “lakh” means a hundred thousand (100,000) and “crore” means ten million
(10,000,000);

n) references to the “winding-up”, “dissolution”, “insolvency”, or “reorganization” of

a company or corporation shall be construed so as to include any equivalent or
analogous proceedings under the law of the jurisdiction in which such company or
corporation is incorporated or any jurisdiction in which such company or corporation
carries on business including the seeking of liquidation, winding-up, reorganization,
dissolution, arrangement, protection or relief of debtors;

o) save and except as otherwise provided in this Contract Agreement, any reference at
any time to any agreement, deed, instrument, license or document of any
description shall be construed as reference to that agreement, deed, instrument,
license or other document as amended, varied, supplemented, modified or suspended
at the time of such reference; provided that this Sub-clause shall not operate so as to
increase liabilities or obligations of NHAI hereunder or pursuant hereto in any manner
whatsoever;

p) any agreement, consent, approval, authorization, notice, communication, information

or report required under or pursuant to this Contract Agreement from or by any Party
shall be valid and effective only if it is in writing under the hand of a duly
authorized representative of such Party, as the case may be, in this behalf and not
otherwise;

q) the Schedules and Recitals to this Contract Agreement form an integral part of this
Contract Agreement and will be in full force and effect as though they were expressly
set out in the body of this Contract Agreement;
r) references to Recitals, Articles, Clauses, Sub-clauses or Schedules in this Contract
Agreement shall, except where the context otherwise requires, mean references
to Recitals, Articles, Clauses, Sub-clauses and Schedules of or to this Contract
Agreement and references to a Paragraph shall, subject to any contrary indication, be
construed as a reference to a Paragraph of this Contract Agreement or of the
Schedule in which such reference appears; and

s) the damages payable as set forth in this Contract Agreement, whether on per diem
basis or otherwise, are mutually agreed genuine pre-estimated loss and damage
likely to be suffered and incurred by the Party entitled to receive the same and are
not by way of penalty (the “Damages”);

t) “Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall
include modifications to or any re-enactment thereof as in force from time to time;

u) “SYSTEM” means “ The NHAI Website including, but not limited to, the front-end and

Page 60 of 80
 backend essential for maintaining the look and feel of the website”

v) “Effective Date” shall mean date of this Contract Agreement;

1.2.2 Any word or expression used in this Contract Agreement shall, unless otherwise
defined or construed in this Contract Agreement, bear its ordinary English meaning
and, for these purposes, the General Clauses Act 1897 shall not apply.

1.3 Arithmetic conventions

All calculations shall be done to 2 (two) decimal places, with the third digit of 5 (five)
or above being rounded up and below 5 (five) being rounded down.

1.4 Priority of Agreements, Clauses and Schedules

1.4.1 In case of inconsistency between the provisions of this Contract Agreement and the
RFP, the terms of this Contract Agreement shall prevail to the extent of such
inconsistency.
1.4.2 In case of ambiguities or discrepancies within this Contract Agreement, the following
shall apply:

(a) between two or more Clauses of this Contract Agreement, the provisions of a
specific Clause relevant to the issue under consideration shall prevail over those in
other Clauses;

(b) between any two Schedules/Articles, the Schedule / Article relevant to the issue
shall prevail;

(c) between the written description on the drawings/design documents, if any, and
the Specifications and Standards, the latter shall prevail; and

(d) between any value written in numerals and that in words, the latter shall prevail.

Page 61 of 80
 SCHEDULE-A
CONDITIONS OF CONTRACT
1. Scope of Work
The Service Provider shall perform the services specified in Terms of Reference at
Schedule-B, of this Contract Agreement.
2. Relationship between the Parties
Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between NHAI and the Service Provider. The Service
Provider, subject to this Contract Agreement, has complete charge of Personnel performing
the Services and shall be fully responsible for the Services performed by them or on their
behalf hereunder. Service Provider shall alone be responsible for the remuneration and
statutory compliance with respect to its employees, contractors or representatives. NHAI
has no liability w.r.t. the representatives/ employees of the Service Provider. Service
Provider will keep NHAI fully indemnified in this regard.
3. Governing Law and Jurisdiction
This Contract Agreement shall be construed and interpreted in accordance with and
governed by the laws of India, and the courts at Delhi shall have exclusive jurisdiction over
matters arising out of or relating to this Contract Agreement.
4. Language
This Contract Agreement has been executed in English, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this Contract
Agreement.
5. Effectiveness of Contract
This Contract Agreement shall come into effect on the date the Contract is signed by both
the Parties. The date, the Contract comes into effect is defined as the Effective Date.
6. Commencement of Services
The Service Provider shall commence the Services to NHAI as per the Schedule-B of this
Contract Agreement.
7. Expiration of Contract
(a) The term of this Contract Agreement shall be for a period of Five (5) years with effect
from Effective Date.
(b) The Agreement Period may be further extended for a period of another two (2) years
annually on the existing terms and conditions subject to satisfactory performance and
continued requirement of NHAI at its sole discretion.
8. Assignment
This Contract Agreement shall not be assigned by the Service Provider to any person /
agency save and except with the prior consent in writing of NHAI and NHAI shall be
entitled to decline without assigning any reason whatsoever.
Notwithstanding anything to the contrary contained in this Contract Agreement, NHAI
may, after giving 30 days’ notice to the Service Provider, assign and/ or transfer any of its
rights and benefits and/or obligations under this Contract Agreement to an assignee who is,
in the reasonable opinion of NHAI, capable of fulfilling all of the NHAI’s then outstanding
obligations under this Contract Agreement.

Page 62 of 80
9. Severability
If for any reason whatsoever any provision of this Contract Agreement is or becomes
invalid, illegal or unenforceable or is declared by any court of competent jurisdiction or any
other instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
Parties will negotiate in good faith with a view to agreeing to one or more provisions which
may be substituted for such invalid, unenforceable or illegal provisions, as nearly as is
practicable to such invalid, illegal or unenforceable provision. Failure to agree upon any
such provisions shall not be subject to the Dispute Resolution Procedure set forth under this
Contract Agreement or otherwise.
10. Notices
Any notice, request or consent required or permitted to be given or made pursuant to this
Contract Agreement shall be in writing. Any such notice, request or consent shall be deemed
to have been given or made when delivered in person to an authorized representative of the
Party to whom the communication is addressed, or when sent to such Party at the address
specified below. The mode of service of any notice shall be either courier or registered post
or e-mail or fax or by hand.

The addresses for service of Notice shall be:

NHAI: General Manager (IT)

Attention: Shailesh Yadav
Address: National Highways Authority of India,
G-5&6, Sector-10, Dwarka,
New Delhi - 110075
E-mail: shaileshyadav@nhai.org

Service Provider: ……………………………..

Attention: …………………………
Address: ………………………..
E-mail:…………………………………

Page 63 of 80
11. deleted
12. Payment Terms
For Migration on New Technology, Enhancements & Development Work payment will be
released as per below mentioned schedule:

For Annual Maintenance payment will be released as per below mentioned schedule:

Payment Terms for Annual Maintenance Activates (With Milestone):

S. Amount Due
Milestone Timelines
No. (In %age)

1 On Completion of Quarter Quarterly 100%

a) System Operation shall start immediately after the system commissioning and acceptance
by NHAI.

b) The above payment shall be made in Indian Rupees within 30 days of receipt of the
invoice by NHAI.

c) NHAI is not liable to pay any amount (except the amount stated above) of any nature
whatsoever. It is clarified that no amount toward cost or expenses incurred, of whatsoever
nature, shall be payable separately for carrying out the services prior to or after the field
work such as holding discussion, if any, as considered necessary by NHAI or otherwise,
for any purpose at NHAI’s Head office or elsewhere, prior, during and after the conduct
of an assignment at site.

13. Deleted

14. Fraud and Corruption

14.1 Definitions
It is NHAI’s policy that NHAI as well as Service Providers observe the highest standard of
ethics during the selection and execution of such contracts. In pursuance of this policy,
NHAI defines, for the purpose of this provision, the terms set forth below as follows:
(a) “corrupt practice” means the offering, receiving, or soliciting, directly or indirectly, of
anything of value to influence the action of a public official in the selection process or
in contract execution;
(b) “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a procurement process or execution of a contract with NHAI; and includes
collusive practice among bidders, prior to or after bid submission, designed to establish
bid prices at artificially high or non-competitive levels and to deprive NHAI of the
benefits of free and open competition;
(c) “collusive practices” means a scheme or arrangement between two or more bidders,
with or without the knowledge of NHAI, designed to establish prices at artificial, non-
competitive levels;

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 (d) “coercive practices” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in a procurement process, or
affect the execution of a contract;
(e) “unfair trade practices” means supply of services different from what is ordered on, or
change in the Scope of Work which was not agreed to; and
(f) “restrictive practices” means forming a cartel or arriving at any understanding or
arrangement among bidder(s) with the objective of restricting or manipulating a full
and fair competition in the bidding process.
14.2 Measures to be taken by NHAI
(a) NHAI may terminate the contract if it determines at any time that representatives of the
Service Provider were engaged in corrupt, fraudulent, collusive or coercive practices
during the selection process or the execution of that contract, without the Service
Provider having taken timely and appropriate action satisfactory to NHAI to remedy
the situation;
(b) NHAI may also sanction against the Service Provider, including blacklisting / declaring
the Service Provider ineligible, either indefinitely or for a stated period of time, to be
awarded a contract if it at any time determines that the Service Provider has, directly or
through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in
competing for, or in executing, a contract with NHAI.
15. Confidentiality of the Assignment/Findings
The Service Provider shall not, during the term of this Contract Agreement and within three
years after its expiration or termination, disclose or permit to be disclosed any proprietary or
confidential information relating to the services, this Contract Agreement or the NHAI’s
business or operations without the prior written consent of NHAI to any third party other
than its agents, consultants, or subcontractors who need to know in connection with the
purpose for which it was disclosed and who are bound to preserve the confidentiality
thereof, to any person outside its organization, any Proprietary Information.
The Service Provider and its personnel shall use such Proprietary Information only for the
purpose for which it was disclosed and shall not use or exploit such Proprietary Information
for its own benefit or the benefit of another without the prior written consent of the NHAI.
Without limitation of the foregoing, Service Provider shall not cause or permit reverse
engineering of any Proprietary Information or recompilation or disassembly of any
information or software programs which are part of the Proprietary Information received by
it under this Contract Agreement. For the purposes of this Contract Agreement Proprietary
information shall include but not be limited to terms of this Contract Agreement, strategies,
official secrets, actual and anticipated research, developments or plans, services, software,
source codes, inventions, processes, discoveries, formulas, architectures, concepts, ideas,
designs, drawings, personnel, financial information, demonstrations, operations, records,
assets, technology, data and information derived whether existing or derived / analysed out
of the information made available to the Service Provider in form of raw data or reports, in
any form whatsoever.
The Service Provider alone shall be responsible to ensure the maintenance of confidentiality
as contemplated above and shall be responsible to employ sufficient measures to prevent
any unauthorised access of the Proprietary information.
16. Ownership of Equipment & other conditions
(i) All the material and equipment under the project shall be owned by the Service
Provider throughout the duration of contract.
(ii) Procurement of any System or its subsystems/ Equipment/ Hardware/Software etc.
has not been envisaged through this tender. The Service Provider shall be

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 required to provide the services as per the scope of work prescribed herein.
(iii) The Service Providers are advised to offer and propose the latest technologies/
cost effective/ innovative/ best suitable system and equipment for Traffic
Scenario on National Highways and conditions at the project sections.
(iv) Any studies report or other material, data or information otherwise prepared by the
Service Provider for NHAI under the contract including all related database/ files
/back up of images/ videos etc. shall belong to and remain the property of NHAI
which will be handed over to NHAI in a condition that it can be made use of by it
without having to procure any propriety software/ tool.
17. Insurance cover to be maintained
(a) All the material and equipment shall be owned by the Service Provider throughout the
duration of contract and the Service Provider shall ensure to maintain proper insurance
coverage of its equipment against fire, theft, vandalism or any other perceived risk(s) /
natural disaster etc.
(b) In addition to material and equipment, the Service Provider shall also ensure to have
adequate insurance for all its personal working/ deployed under this Contract
Agreement.
(c) The Service Provider shall indemnify NHAI against any damage/ loss of property or
personnel of Service Provider working on any site under this Contract Agreement.
18. No partnership
This Contract Agreement shall not be interpreted or construed to create an
association, joint venture or partnership between the Parties, or to impose any partnership
obligation or liability upon either Party and neither Party shall have any right, power or
authority to enter into any agreement or undertaking for, or act on behalf of, or to act as an
agent or representative of, or to otherwise bind, the other Party.
19. Intellectual Property Rights
All Intellectual Property of the respective Parties shall continue to vest with the respective
Party and one Party may make use of the Intellectual Property only with the express consent
of the other Party. However it is agreed and acknowledged by the Service Provider that
intellectual property rights in the Proprietary Information as well as any other data or
information/ reports generated during the performance of services contemplated herein by
the Service Provider shall always vest with NHAI and Service Provider will not have any
right in such IPR whatsoever.
20. Force Majeure
Neither party shall in any event be liable for any failure to perform its obligations under this
Contract Agreement due to any events beyond the reasonable control of either party or any
events of force majeure.
No Party shall be considered in default of performance of its obligations under the terms
of this Contract Agreement, if such performance is prevented or delayed for any
causes beyond the reasonable control of the Party affected by such event (hereinafter
referred to as “ Affected Party”), including, but not limited to, fire, flood, explosion,
acts of God, public disorder, riots, embargoes, or strikes, acts of military authority,
epidemics, strikes, lockouts or other labour disputes, insurrections, civil commotion, war,
enemy actions which substantially bars the performance of obligations of the Affected
Party (hereinafter referred to as “ Force Majeure Event”)

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20.1 Reporting of Force Majeure
If a Force Majeure Event arises in the aforesaid manner, the Affected Party shall
within maximum 24 hours notify the other Party in writing of such condition and
the cause thereof. However, in case the Service Provider claims to have suffered a
Force Majeure Event, the Service Provider shall continue to perform its obligations
under this Contract Agreement as far as is reasonably practical, and shall seek all
reasonable alternative means for performance, unless otherwise directed by NHAI.
20.2 Mitigate the Force Majeure Event
Upon occurrence of Force Majeure Event, the Affected Party shall immediately take
steps as are reasonably necessary to remove the causes resulting in Force Majeure if
within its control and to mitigate the effect thereof. Any costs incurred and
attributable to such event or curing of the Force Majeure Event shall be solely borne
by the Affected Party.
21. Dispute Resolution
(a) Any dispute or difference whatsoever arising between the parties and of or relating to
the construction, interpretation, application, meaning, scope, operation or effect of this
Contract Agreement or the validity or the breach thereof, shall be referred to the Society
for Affordable Resolution of Disputes (SAROD) and the award made in pursuance
thereof shall be final and binding on the parties subject to Provisions of The Arbitration
and Conciliation Act, 1996.
(b) This Contract Agreement shall be governed by, and construed in accordance with, the
laws of India and courts at New Delhi shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/or in connection with this Contract Agreement.
22. Termination
(a) Either party may terminate this Contract Agreement due to breach of terms agreed to in
this Contract Agreement by the other party. However, the party aggrieved by the
breach shall give written notice to the other party to this Contract Agreement indicating
that the contract shall be terminated not earlier than 90 days from the date of the receipt
of the notice.

(b) NHAI, in its sole discretion and for any reason whatsoever, may terminate this Contract
Agreement for dereliction in performance of stipulated duties by the Service Provider.

(c) Notwithstanding anything stated in this Contract Agreement, in the event of any
defaults on part of the Service Provider, NHAI shall issue a notice to the Service
Provider (hereinafter referred to as Cure Period Notice). If the Service Provider fails to
cure the default within the Cure Period, as stated in the Cure Period Notice, the Service
Provider shall be deemed to be in default of this Contract Agreement, unless the default
has occurred solely as due to Force Majeure or for reasons not attributable to the
Service Provider. The Cure Period under this Clause shall be calculated from the date
of receipt of the notice by the Service Provider or when the default comes into the
knowledge of the Service Provider, whichever is earlier. If the Service Provider fails to
remedy the default after lapse of cure period notice, NHAI may consider terminating
the contract.

(d) NHAI will terminate this Contract Agreement if in its judgment the Service Provider
has engaged in corrupt and fraudulent practice in competing for or in execution /
implementation of the project.

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 (e) Notwithstanding the above, NHAI may terminate the Contract for convenience by
giving 90 days prior notice without assigning any reason
23. Consequences of Expiry / Termination
(a) Upon expiry / Termination, the Service Provider shall, without delay or demur,
transfer all relevant documents / information/ software application developed under
the contract / sources code / back up / data/ permissions to NHAI or any other entity
as directed by it;
(b) Upon Termination (except on account of expiry of Term of this Contract Agreement
or Force Majeure), NHAI shall be entitled to appropriate the Performance Security.
(c) In case of termination of the project at the discretion of NHAI due to any reasons not
attributable to the Service Provider, the Service Provider will get amount equivalent
to one (1) quarter as compensation towards loss suffered for the remaining un-
serviced period of the Contract. Pursuant to payment of such compensation, the
Service Provider shall have no further claim against the NHAI w.r.t. this Contract
Agreement.
24. Survival of rights
Notwithstanding anything to the contrary contained in this Contract Agreement,
any Termination pursuant to the provisions of this Contract Agreement shall be
without prejudice to the accrued rights of either Party including its right to claim
and recover money damages, security deposits, and other rights and remedies which
it may have in law or contract.
25. Indemnification
(a) The Service Provider shall indemnify, defend, save and hold harmless, NHAI and M/o
Road Transport and Highways (M/o RT&H) and its Officers, Agents against any
direct loss, damage, claims, cost and expense of whatever kind and nature (including
without limitation, legal fees, claims and expenses incurred in connection with any
suit, action or proceeding or any claim asserted, such as fees and expenses incurred),
joint or several, that arise out of or are based upon any order passed by any statutory
authority including courts, tribunals or other judicial/ quasi – judicial authorities, on
account of breach of the Service Provider’s obligations under this Contract Agreement
or any other related agreement or otherwise, any fraud or negligence attributable to the
Service Provider or its Agents or Sub-Service Providers, under contract or tort or on
any other ground whatsoever, all eventualities of theft, dacoity, robbery, etc., except to
the extent that any such suits, proceedings, actions, demands and claims has arisen due
to any breach or default of this Contract Agreement on the part of NHAI.
(b) The Service Provider shall indemnify NHAI and M/o RTH of all legal obligations of
its professionals deployed. NHAI and M/o RTH also stand absolved of any liability on
account of death or injury sustained by the Service Provider’s staff during the
performance of their work and also for any damages or compensation due to any
dispute between the Service Provider and its staff.
(c) The remedies provided under this Article are not exclusive and shall not limit any
rights or remedies that may otherwise be available to NHAI Indemnified Party at law
or in equity.
(d) The provisions of this Article shall survive Termination.

26. Compensation for default by the Service Provider

28.1 In the event of the Service Provider being in breach of this Contract Agreement, unless
such default or delay is on account of Force Majeure or through no fault of the Service

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 Provider, the Service Provider shall pay to NHAI, all direct costs suffered or incurred
by NHAI as a consequence of such breach, within 30 days of receipt of the demand
supported by necessary particulars thereof.

28.2 The Service Provider shall pay to NHAI all direct costs suffered or incurred by NHAI
incurred as a result of any and all losses, claims, damages and liabilities (including,
without limitation, legal fees and other expenses incurred in connection with any suit,
action or proceeding or any claim asserted, such as fees and expenses incurred), joint or
several, that arise out of, or based upon:
(i) any untrue statement or misrepresentation of a material fact provided by the
Service Provider or an omission to state a material fact required to be
communicated;
(ii) any non-performance or breach of the roles, responsibilities, representations,
warranties, undertakings and declarations contained herein by the Service
Provider or its directors, employees, personnel or representatives.
(iii) negligence, fraud or misconduct of the Service Provider or any of its employees,
agents, affiliates or advisors.
27. Cap on Liability of Parties
Notwithstanding anything stated herein above and under any circumstances, the liability of
Service Provider under this Clause for each site shall not exceed the equivalent amount
payable for four quarterly payments.
28. Survival
The provisions of this Article shall survive Termination.
29. Representation and warranties of the Service Provider
The Service Provider declares, represents, and warrants as follows:

29.1 It is duly organized and validly existing under the laws of India, and has full
power and authority to execute and perform its obligations under this Contract
Agreement and to carry out the works and provide services contemplated hereby;

29.2 It has taken all necessary corporate actions under Applicable Laws to authorize the
execution and delivery of this Contract Agreement and to validly exercise its rights
and perform its obligations under this Contract Agreement;

29.3 It has obtained all necessary internal/external approvals, registrations and

certifications required from relevant authorities and other entities for fulfilling its
obligations as set out in this Contract Agreement;

29.4 It has not violated any of the conditions subject to which such approvals,
registrations and certifications have been granted or any other applicable regulations
and / or guidelines or directives or statutes;

29.5 It shall ensure that such approvals, registrations and certifications will remain in
force, including, by taking prompt steps for timely renewal of the same;

29.6 It undertakes to continue to comply with all Applicable Laws with respect to its roles /
obligations under this Contract Agreement;

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29.7 There are no actions, suits, proceedings, or investigations pending before any court or
before any other judicial, quasi- judicial or other authority, the outcome of which may
result in the breach of this Contract Agreement or which individually or in the
aggregate may result in any material impairment of its ability to perform any of its
obligations under this Contract Agreement;

29.8 It shall at no time sub-contract any of its obligations under this Contract Agreement
without the prior permission from NHAI . NHAI. Provided that in case in case the
Service Provider proposes to sub-contract any of its obligations under this Contract
Agreement, it shall seek written permission along with the details of the activities
that it proposes to sub-contract to third parties;

29.9 No representation or warranty by the Service Provider contained herein or in any

other document furnished by it to NHAI in relation to Applicable Laws contains
or will contain any untrue or misleading statement of material fact or omits or will
omit to state a material fact necessary to make such representation or warranty not
misleading;

29.10 No sums, in cash or kind, have been paid or will be paid, by or on behalf of the
Service Provider, to any person by way of fees, commission or otherwise for
securing the award of this Contract Agreement or for entering into this Contract
Agreement or for influencing or attempting to influence any officer or employee of
NHAI in connection therewith.

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 Schedule B
TERMS OF REFERENCE (ToR)

TERMS OF REFERENCE

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 TERMS OF REFERENCE (ToR)
1. Introduction
1.1.1. The NHAI website (NHAI.GOV.IN) presents the following details to the external
audience
a. About NHAI
b. Policy related details
c. Programme related details
d. Road network details including Toll Information and Road Asset Management
System Details
e. Media details – press releases, galleries, etc.
f. Procurement related details
g. Details regarding circulars, bonds, reports, etc.

1.1.2. The current version of the NHAI website has been developed on Dot Net based
solution with SQL 2008/12 as the database. The website contents and database have
been hosted on NIC servers.
1.1.3. The key details of the server configuration are as follows

VM Name Storage (GB) Memory (GB) vCPU OS

RT22NHWP-AppSvr 1060 64 16 Windows Server 2012 R2
Datacenter
RT22NHWP-DBS 1060 64 16 Windows Server 2012 R2
Datacenter

2. PROPOSED CHANGES – Website upgrades

2.1. The Contractor is expected to include the following features for website upgrade
2.1.1. Undertake assessment of existing website development framework and recommend
upgrade to modern technology. The Contractor is also expected to upgrade the website
to modern technologies, subject to approval from NHAI.
2.1.2. Include artificial intelligence based chatbot tools in the website to respond to
common queries raised by the public. Some of these areas could include
a. Details regarding a particular tender dates
b. The tolls payable on a particular route
c. Details regarding policy circular on a particular topic
The above list is only indicative and the Contractor is expected to recommend more
chatbot areas, and implement the same post approvals from NHAI.
2.1.3. The Contractor is also required to implement strategies for efficient archival of
various documents hosted on the website.
2.1.4. The Contractor is also required to ensure that the upgraded website should be fully
secured by necessary fire-walls, antivirus, etc., for protection against intrusion,
hacking, defacing, virus, spam, etc. The website should meet and follow all the
guidelines issued by the CERT-IN and certified by CERT-IN empaneled agencies
before deployment. Contractor is required to ensure that the certification is renewed on
an annual basis.
2.1.5. The standards to be observed in the upgrade have been captured in Appendix A of
this Annexure.

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3. OPERATION and MAINTENANCE
3.1.1. Operational and Maintenance Support of NHAI's applications. Contractor will
provide the services for maintenance of NHAI website for a period of five (5) year.
The Contractor will deploy a minimum of Two (2) resources that will be responsible
for maintaining and upgrading the NHAI Website from time to time. One (1) of these
Two (2) resources shall be based in NHAI premises for immediate remediation of
issues, if any.
3.1.2. The standards to be observed in the Operations and Maintenance have been captured
in Appendix B of this Annexure.

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 APPENDIX A to ToR – TECHNICAL SPECIFICATIONS

1. The minimum of the technical specifications which needs to be adhered while maintaining,
updating or revamping the NHAI'S website 1. The website should be compatible to latest
versions of all browsers like Internet Explorer, Netscape Navigator, Mozilla Firefox, Opera,
Safari, Chrome etc.
2. The website post updates should be dynamic and bilingual in English and Hindi with similar
homepage, design, content and images with partially static and partially dynamic page
structure and to support Unicode format which enables convenient and proper upload of
Hindi data. NHAI will provide contents in English and verify translated Hindi content
provided by agency.
3. The administrator should able to update details of ongoing NHAI projects.
4. Look and feel of the website post updates should adhere to International Standard and
making the website level A of WCAG 2.0 as per web content. Accessibility Guidelines of
World Wide Web Consortium (W3C) or higher.
5. The Contractor should review other international Road and Highway Construction websites
to benchmark the content and format on NHAI's website and bring it to international
standards.
6. The website post updated should be free from all known vulnerabilities and bugs and should
also have no significant display problems on mobile browsers.
7. Other Technical Requirements of the updated website:
a. Should be able to function in Windows, UNIX, LINUX operating system
b. Should be Develop in Open Source Technologies
c. Should support fail-over and load balancing to facilitate future scalability
d. Should support clustering
e. Should support industry standards communication protocol and data formats such as
HTTP, HTTPS, SSL, XML and HTML for query and retrieval purposes
f. Support the latest web services standards (e.g. SOAP, WSDL, WSRP)
g. Website should support Web 2.0 capabilities
8. Website should continue to be fully in compliant with following e-Governance Standards of
Govt. of India, apart from those already mentioned under this Scope of Work:
1. Technical Standards for Interoperability Framework for eGovernance
(IFEG) in India Version 1.0
2. Character Encoding
3. Framework for Mobile governance issued by GOI- Jan 2012
4. e-Governance Policies of Govt. of India and Deity
5. GIGW and Accessibility Guidelines
1. Should run independent of any IP address. i.e. IP address should not
be hard coded in the source code/configuration
2. Should be compliant with IPv6
3. Intellectual Property Rights (IPR) of the developed material will
remain with NHAI
4. Logging to be enabled for Web Server/ DB Server
9. The website shall contain static and dynamic content, which should be manageable via
CMS (Content Management System) tool in the back end.
10. Some additional areas that the CMS should provide for are as follows:
1. Content repurposing for different audiences and different interfaces.
2. Facilitated metadata generation and management which enables
effective content discovery
3. In context contribution, preview, updates and approvals.

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 4. Email notifications for automated content edits and reviews.
5. Both dynamic and scheduled publishing models.
11. Suggested (not limiting) specifications for the updates:
1. All items would be appropriately aligned on the pages and the layout
would be consistent on all the related pages. There should be a limit
on the amount of white space (areas without text, graphics, etc.) on
pages that are used for scanning and searching.
2. Style and color scheme would be consistent across the site.
3. The developers should use a fluid layout that automatically adjusts
the page size to monitor resolution settings that are 1024x768 pixels
or higher.
4. Since all across the current NHAI website, in maximum of the
webpages, the content details are used through attachments in formats
like PDF and Doc., therefore, by using Document Management
System in the backend; such content should be made dynamic and
easy to show on site.
5. A directory of events which will be update on a regular basis by
designated staff.
6. Designing of Web mailers for NHAI Staff and other users.
7. Outlay of Research Programs & Projects
8. The website, post updates, should remain connected through
Facebook, so that all pages of the website must have embedded links
to connect to Facebook for social media and to You Tube for video.
2. Navigation:
1. The website's navigation scheme and features should allow users to
find and access information effectively and efficiently.
2. Navigation tabs should be located at the top of the page, and look like
clickable versions of real-world tabs.
3. Site maps should be available with all the links of pages existing on
the website and link for the site map should be clearly visible on the
homepage.
4. The navigation elements should be clearly differentiated from each
another and should be placed in a consistent way so that it can be
easily located on each page
3. Where necessary, databases should be created and maintained. For
example: (not limited to) databases for Search keywords, Registered users, e-
mail databases, Vigilance complaints etc. It should support for all platforms
(Operating Systems).
4. The website should show 3-DI 2-D animation or short clips of the
Highways making process etc. for enriching the site. The website should be
flexible enough to accommodate any of these changes immediately. The
website should be able to support the easy incorporation of multimedia
elements, such as photographs, videos, and audio of our supported programs.
The site should continue to have following features:
1. Video Gallery: The website should display a frame for a video which
can either be sourced elsewhere (e.g. YouTube) or uploaded and
served from NHAI's own server, at the developer's discretion
2. 2D/3D clips
3. Optimization of search functionality on website and portal to ensure
that any external (guest, customer, vendor, etc.) or internal user
(NHAI employee) of the website/portal is able to quickly search
content and documents placed anywhere on the website. The search

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 functionality must have auto complete for commonly used, NHAI
web site content relevant searches to make it convenient for the user
to find any information.
4. Automated feedback system for issues/complaints pertaining to the
website
5. Online chats based on chatbot based solution(s) with the registered
users.
12. No advertisement, notice, banner, logo, information of any company other than NHAI shall
appear on NHAI's website, except when specifically indicated and approved by NHAI.
There should be a provision for separate login for the Website Administrator to view online
members, number of hits in day/ month and on search engines, keywords by engine, repeat
and unique visitors, navigation paths, visitor's countries, online applications submitted,
Encryption of passwords etc.
13. The Contractor will provide reports, vital statistics and analysis on the website on weekly
basis as per NHAI's requirement. The Contractor will generate monthly login reports of the
site consisting of the following information :
1. Total No. of hits, keywords by engine
2. Simultaneous page hits at any time Page-wise breakup of hits
3. Pages visited maximum time
4. Pages visited minimum time
5. Reports in Bar/ graph/ Chart format for data pertaining to document
downloads, uploads, page loading errors, navigation errors, etc.,
6. Repeat and unique visitors
7. NHAI time/ Uptime Report of Website
8. Page Last Updated Status for all the pages of website
9. Visitor's countries, IPs etc.
14. The website should have a section similar to a What's New?' - One of the site's elements
should be a "What's New" area. This is provided for visitors who want to see all new
updates in the area/section of the website that they are browsing. It should list related
documents that have been edited as well as added in reverse chronological order.
Specifications for Front end: Create a remarkable, secure, bug-free, user friendly, well
design and easy to navigate Website offering several interactive features to the visitors. The
color, design and layout of the Website should reflect the status of NHAI as a reputed
organization for developing International standard roads with world class facilities for
uninterrupted flow of traffic:
1. Preferred Color combination: To be decided in consultation with
NHAI
2. Preferred Layouts: http://www.un.org, http://www.india.gov.in
3. Preferred Side Menu: To be decided in consultation with NHAI
4. Preferred main menu: To be decided in consultation with NHAI Web
portal for reference:
15. Design an innovative homepage with latest flash images along with scrolling slogans and
interior pages to the satisfaction of
16. Specifications for Back end: Create a robust and intuitive customized "Content
Management System" based on NHAl's requirements. The CMS should allow NHAI to
manage and update the Website (e.g. create modify new pages, menus, sub-menus, add/
delete images, change content etc.) easily through sub-administrators / special NHAI users
who are not expected to have any special technical knowledge and specific software. These
special, authorized NHAI officials need not have to route their data publish or document
upload or modification requests through a Web Admin but can easily publish/upload
information on the web site on their own, thereby reducing dependencies on critical
information broadcasting through the new NHAI website.

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17. The updated website should be database-driven/ modular so that it can handle all the
existing information and be able to handle forthcoming dynamic information and documents
that would be uploaded on regular basis.
18. The Contractor would be responsible for regular back-up of the entire Website and Intranet
during the maintenance period at the IT infrastructure provided by NHAI. The same should
be successfully restored when needed. An uptime of 99.00% has to be assured.
19. Search Engine Optimization: The Contractor is required to ensure that when content is
displayed, it is as search engine friendly as possible and search-engine-friendly design to
help the site stay in favor with the search engines. Use of Highways related unique
keywords to optimize search result and increase the ranking with search engines. Necessary
text based key word search be made available to users to search for relevant content on the
Intranet. The solution provider will provide basic support with Google Analytics on as
needed basis. NHAI Website would need to have its own keyword search to facilitate
visitors which should be able to do a comprehensive search on Website for any content. As
a minimum NHAI would like to see employed:
1. Sitemap for visitors listing all content in a structured way;
2. Sitemap in XML format or similar for submissions to search engines;
3. An option for the visitor to extract the HTML needed to link to this
page with appropriate keyword links.
4. The developer must ensure that the above protocols hold for both
HTML page content and for documents that are accessed through the
web.
20. NHAI’s forms/ documents/tenders/ brochures etc. will be available from the site in the form
of .xls, .doc, .pdf format etc. (with adequate security features/ file protection) and few of
them possibly with print option only. No one will be authorized to modify, add, delete, the
existing data or info on the site.
21. NHAI wishes to facilitated for its employees, in which employees/ registered users with
restricted rights i.e. Some authorized users from different PIUS, Division can upload their
data in NHAI's website including tenders, corrigendum etc.
22. Login and Logout: Everything should be done to ensure that the login and logout procedure
is as simple and as automated as possible. In addition, by use of sessions and cookies the
user should stay logged in until they manually log out. For users that forget their login
details, an automated forgotten password retrieval procedure should be provided. Also,
remember me facility should store the information on the visitor's computer.
23. NHAI may in future intend to provide more facilities of on-line information to its users.
Accordingly, Website should be able to cater to such requirements in an interactive manner.
24. Site Feedback: One of the measures that the website is meeting, the need of its visitors is to
invite and encourage feedback. For each page of content, a question asking whether the
visitor found the content useful and, if not, why not would be required. The feedback from
this would be aggregated and available as a metrics report to suitable authorized website
users.
25. There should be provision to enter CAPTCHA for Feedback forms.
26. The Contractor shall ensure that NHAI's website is fully secure and should meet and follow
all the guidelines issued by the CERT-IN.
27. The Contractor should improvise existing NHAI Website without changing Information
content and develop equivalent web-pages in Hindi. Home page must be designed with
decent Highways related flash banner. The pages may be required to be updated/ re-
organized for better dissemination of information. Duplicate pages, if any, needs to be
removed and new pages for additional information such as site map, privacy policy,
disclaimer etc., may be required to be added. The prospective Contractors are advised to
visit the existing website of NHAI (http://www.nhai.gov.in)

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28. Register your complaint:- There should be a link to register complaint for road condition,
road safety etc. The user can fill in his details as well as his on-line complaint for redressed
by the concerned authorities.
29. Portal Administrator: - Administrator should be provided a CMS (Content Management
System) so that he can make changes (textual changes) in all static/ dynamic pages.
Database should be available online for administrator/ authorized user. Selected users of
NHAI should be able to upload their documents in the selected categories. As defined
earlier.
30. Implementation of Security features: - The website should have security features for access
to authorized users on certain restricted web pages. General users may not be able to access
such web pages without proper login id and password.
31. Site Evaluation – The site should have features to use Google Analytics, or similar features,
to determine the pages aren't performing and recommend strategies to increase performance
and page traffic.
32. Performance of the website post updates:
1. High performance web pages for speedy access to one page from
other (-in less than a second).
2. Performance and Load testing shall be performed periodically by the
Contractor to ensure that the portal meets pre-defined performance
and load testing metrics.
33. Keyword research should be based on NHAI's Business Strength, Location, Work Done,
Future plan, News, Media etc. Keyword research based on location, business strengths and
offerings.
34. On-Page Optimization of 15 pages including Page titles, Meta descriptions, and H1 tags.
35. Website has either a "search" box or a link a "search" page from every page of the website.
36. Website should comply to features Govt. website i.e. India.gov.in
37. Contractor should provide an exhaustive list of any third party software that it intends to use
in its development and ensure that each meets the following criteria:
1. It does not commit NHAI to an ongoing cost for use of those
software;
2. It is not "proprietary" in the sense that modifications (either to the
input or output of the web portal's source code) cannot be made.
38. All the Licenses offered by the Contractor shall also conform to the statutory requirements
of Government of India, the State Governments and any other regulatory specifications.
39. Copyrights
Any software, hardware, data, awards, certificates, patent, etc. shall be absolute
property of NHAI. The Successful Contractor shall transfer to NHAI all Intellectual
Property Rights of the Web portal developed. The Successful Contractor shall relinquish to
NHAI the source code of the developed website/web portal within 30 days from the date of
acceptance of the website/web portal. The source code supplied to NHAI shall at all times
be complete, accurate, and its copy up-to-date and corresponding exactly to the current
production release of the software at the date and time of submission.

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 APPENDIX B to ToR – MAINTENANCE REQUIREMENTS
The illustrative list of activities which the Solution Provider is to perform during the
Operation and Maintenance Support Period are as under:
1. Constant checking status of links so as to ensure that there is no dead link in the website.
2. Development of small modules (if required) within website which are not going to affect to
design framework and database structure.
3. Periodically update and insert static pages as per Department's directives
4. Have personnel to collect documents/ information from the NHAI office as and when
required
5. Installing all software patches & updates released by the website/web portal related
software OEMs
6. Be equipped with all basic communication and coordination facilities like laptop, mobile,
etc.
7. Have all allied facilities (that may not be necessarily be spelt in the scope of job) to ensure
smooth flow of information and operations.
8. Prepare and participate in Monthly review meetings at NHAI' office on a date
communicated by the NHAI
9. Ensure that the holiday list (non-working days) of the Contractor will necessarily be in
tandem with the NHAI to ensure seamless working
10. Provide continuous, consistent website support.
11. The Contractors' team servicing NHAI account has to be available for full work day from
Monday to Friday on working hours and staggered in such a way so that they are available
accessible on Saturday or Sundays or any other holidays for any coordination or urgent
updation of the website.
12. Necessary documentation on the site functionalities has to be provided as and when
required/ demanded by NHAI
13. Contractor is expected to name a member among the proposed deployed team who will act
as your Delivery Manager during Maintenance and Support. This may or may not be an
actual developer but should be someone that understands the basics of project management,
has authority to affectively deal with problems that arise and has a firm understanding of the
technical aspects that are on-going with the website project.
14. The Contractor will ensure that the personnel assigned for the project possess the requisite
technical skills in the relevant areas as referred in several places in this document and as per
the requirement of the scope of the job. The personnel should be on the rolls of the
Contractor.
15. In addition to the team deployed onsite, a dedicated team of Programmer and Graphic
designers, and Content Writer/ Editor should be available from backend side of the
Contractor who can provide support to the deployed O&M team members for any updation/
minor upgradation of website. Also, in case of absence of the personnel deployed at NHAI's
end for any reason whatsoever has to be filled in/ supported by any temporary member
immediately.
16. The team will be responsible for backup of the website and to should be available on high
quality high speed CD/DVD media on regular intervals of time.
17. In case of any problems in the website due to system error, the Contractor will deploy
additional and adequate resources for error correction. The O&M team will require to
coordinate with respective vendor maintaining hardware/ software to restore the website.
18. The O&M team shall be responsible for any bug-fixing and updation of content on regular
basis.
19. The O&M team shall be responsible for resolution/ coordination with the third party agency
dealing with web hosting services of the portal.

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20. The work also includes operating, maintaining and updating the websites, project specific
websites and its databases as mentioned above and MIS report generation as well as
performing all the software system/ application related tasks assigned by NHAI from time
to time.
21. The O&M team shall be responsible for content updation, bug-fixing activities, conduct
training, preparation of additional reports and further enhancing the existing system and its
capability to produce reports.
22. The O&M team shall be responsible to coordinating with stake holders (NHAI, vendor, etc.)
for ensuring that the website is smoothly working. The O&M team shall also be responsible
for continuous content updation and coordination with NHAI business users for various
activities like updation of English and Hindi website, Complaint Redressal System, tenders
uploading, etc.
23. Maintenance and updating the website, on regular basis, shall include any further redesign
and addition of pages (graphical, text and Flash), digitization and internet coding of video
Clippings and uploading the same, uploading of photo gallery, addition of features and any
other additional work of minor nature required to be done during the whole contract period.
24. Penalty for Operations & Maintenance
a. Bi-monthly Payment calculation begins at the 100% of committed payment; actual
payment eligibility is calculated by reducing the penalty amounts (based on
percentages) from the committed payment. Penalties are calculated on a monthly
basis. e.g., 0.1% penalty = 0.1% of the monthly payment.
b. For downtime of each 0.1% beyond 99.00%, penalty will be deducted quarterly on
the payments for AMC as under:

Ref. No Service Metric SLA Measurement Penalty

1. Operational Support Reported problems to be attended 0.1% penalty
in 2 Hour. Contractor to provide for every
escalation matrix for calls not hour over the
resolved in 3 hours SLA.

c.) The maximum value of penalty limits to a maximum of 5% of the Project Cost.

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