Request For Proposal

For

CONSTRUCTION OF UJJAIN-BADNAGAR 2/4 LANE

ROAD ( REMAINING PART OF (N.H.A.I.) TWO
LANE ROAD ) LENGTH 22.19 KM IN DISTRICT
UJJAIN

Engineering, Procurement & Construction

(EPC) Mode

PUBLIC WORKS DEPARTMENT, B&R

DIVISION UJJAIN.

1
 TABLE OF CONTENTS
Contents Page No.
S. No.
Notice inviting RFP 4-5
Disclaimer 6
Glossary 8
1 Introduction 8-9
1.1 Background 9-11
1.2 Brief description of Bidding Process 11-12
1.3 Schedule of Bidding Process 13

2 Instructions to Bidders 13
A General 13
2.1 General terms of Bidding 13-18
2.2 Eligibility and qualification requirement of Bidder 18-30
2.3 Proprietary Data 30
2.4 Cost of Bidding 31
2.5 Site visit and verification of information 31-32
2.6 Verification and Disqualification 32-33

B Documents 34
2.7 Contents of the RFP 34
2.8 Clarifications 34-35
2.9 Amendment of RFP 35

C Preparation and Submission of BIDs 35

2.10 Format and Signing of BID 35
2.11 Documents comprising Technical & financial BID 36-38
2.12 BID Due Date 38
2.13 Late BIDs 38
2.14 Procedure of e-tendering 38-40
2.15 Online opening of Bids 40
2.16 Rejection of BIDs 40-41
2.17 Validity of BIDs 41
2.18 Confidentiality 41
2.19 Correspondence with the Bidder 41

D BID Security 41
2.20 BID Security 41-43
2.21 Performance Security 43-44

3 Evaluation of Technical and Opening & Evaluation of financial 45

Bids
3.1 Evaluation of Technical BIDs 45-46
3.2 Opening and Evaluation of financial Bids 46-47

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 3.3 Selection of Bidder 47-48
3.4 Contacts during BID Evaluation 48
3.5 Correspondence with the Bidder 48

4 Fraud and Corrupt Practices 49-50

5 Pre-BID Conference - Deleted 51
6 Miscellaneous 52
Appendices
IA Letter comprising the Technical BID 53-57
IB Letter comprising the Financial BID 58-59
II Bank Guarantee for BID Security 76-79
III Format for Power of Attorney for signing of BID 80-81
IV Format for Power of Attorney for Lead Member of Joint Venture 82-83
V Format for Joint Bidding Agreement for Joint Venture 84-88
VI Integrity Pact Format 89-96
VII Form of Bank Guarantee (For Performance Security) 97-100
VIII Format of LOA 101

Annexure of Appendix 1A

I Details of Bidder 60-63

II Technical Capacity of the Bidder64
III Financial Capacity of the Bidder65-66
IV Details of Eligible Project 67-69
V Statement of legal capacity 70
VI Information required to Evaluate the Bid capacity 71-72
VII Guidelines of the Department of Disinvestment 73-74
VIII Details of ongoing Works 75

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 GOVERNMENT OF MADHYA PRADESH
OFFICE OF THE CHIEF ENGINEER
PWD UJJAIN ZONE
UJJAIN, MADHYA PRADESH

Notice Inviting Bid

NIT No: / CRIF/CE/PWD/UJJAIN Zone/ 2024-25 Dated:

RFP CONSTRUCTION OF UJJAIN-BADNAGAR 2/4 LANE

ROAD ( REMAINING PART OF (N.H.A.I.) TWO LANE ROAD )
LENGTH 22.19 KM IN DISTRICT UJJAIN ” EPC Mode under PWD
(B&R) DIVISION UJJAIN IN THE STATE OF MADHYA PRADESH.”

The Government of Madhya Pradesh through Public Works Department (PWD) is

engaged in the development of National Highways and Bridges and as part of this
endeavour, it has been decided to CONSTRUCTION OF UJJAIN-BADNAGAR 2/4 LANE ROAD (
REMAINING PART OF (N.H.A.I.) TWO LANE ROAD ) LENGTH 22.19 KM IN DISTRICT UJJAIN ”
DISTRICTON EPC Mode under PWD (B&R) DIVISION UJJAIN in the state of
Madhya Pradesh through an Engineering, Procurement and Construction (EPC) Contract.

Chief Engineer PWD Ujjain Zone Ujjain , Government of Madhya Pradesh now invites
bids from eligible contractors for the following project:
State Bridge/ Name of work Estimated Completion Maintenance Remark
Road cost ( In period period
Lakhs)
Madhya ROAD CONSTRUCTION OF 5330.77 18 months 05 Year For 18 % GST
Pradesh UJJAIN-BADNAGAR Including flexible will be
2/4 LANE ROAD ( (excluding
REMAINING PART OF GST) Rainy pavment payable
(N.H.A.I.) TWO LANE Season and 10 year seperatly on
ROAD ) LENGTH 22.19 for rigid the total
KM IN DISTRICT pavment amount of
UJJAIN ” onEPC from the date workdone
Mode under PWD of workdone as
(B&R) DIVISION completion per Article
UJJAIN 19.1

The complete BID document can be viewed / downloaded from official

portal of the website https:// mptenders.gov.infrom 24-07-2024 (5.31) Pm to
03-09-2024 (upto 5.30 Hrs. IST). Biddermustsubmit its Financial bid and
Technical Bid at https:// mptenders.gov.inon or before 24-07-2024 (up to
5.30 Hrs. IST).Bids received online shall be opened on 03-09-2024 (at 11.00
hours IST).

Bid through any other mode shall not be entertained. Bid Security,
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document fee, Power of A-attorney, self attested affidavit, technical Bid
documents as per RFP and Joint Bidding Agreement etc. shall also be
submitted online only, on or before 03-09-2024 However, the successful
bidder has to submit the original documents physically with the concerned
authority before issue of LOA. Please note that CHIEF ENGINEER PWD
UJJAIN ZONE UJJAIN MADHYA PRADESH reserves the right to accept
or reject all or any of the BIDs without assigning any reason whatsoever.

M.P. Public Works Department Through

Chief Engineer, PWD UJJAIN ZONE UJJAIN,
Madhya Pradesh
Phone/Fax – 0734-2524462
Email: cepwdujjain@mp.nic.in

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 DISCLAIMER

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

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 GLOSSARY
Agreement As defined in Clause 1.1.4
Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.20.1
BID(s) As defined in Clause 1.2.2
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.5
BID Due Date As defined in Clause 1.1.5
Bidding Process As defined in Clause 1.2.1
BID Security As defined in Clause 1.2.4
BID Price or BID As defined in Clause 1.2.6
Contractor As defined in Clause 1.1.2
Construction Period As defined in Clause 1.2.6
Conflict of Interest As defined in Clause 2.2.1(c)
Defect Liability Period As defined in Clause 1.2.6
Eligible Experience As defined in Clause 2.2.2.5 (i)
Eligible Projects As defined in Clause 2.2.2.5 (i)
EPC As defined in Clause 1.1.1
EPC Contract As defined in Clause 1.1.2
Estimated Project Cost As defined in Clause 1.1.3
Feasibility Report As defined in Clause 1.2.3
Financial Capacity As defined in Clause 2.2.2.3 (i)
Government Government of Madhya Pradesh
Joint Venture As defined in Clause 2.2.1
Jt. Bidding Agreement As defined in Clause 2.1.11(f)
Lead Member As defined in Clause 2.1.11 (c)
Lowest Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.9 (ii)
Performance Security As defined in Clause 2.21.1
Additional Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.2 (i)
Tie BIDs As defined in Clause 3.3.2
Threshold Technical Capacity As defined in Clause 2.2.2.2 (i)

The words and expressions beginning with CAPITAL letters and defined in
this document shall, unless repugnant to the context, have the meaning ascribed
thereto herein.

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 GOVERNMENT OF MADHYA PRADESH
OFFICE OF THE CHIEF ENGINEER
PWD UJJAIN ZONE UJJAIN, MADHYA PRADESH

SECTION 1

INTRODUCTION
1.1 Background

1.1.1 The MP Public Works Department Bhopal through CE PWD

UJJAIN Zone UJJAIN Madhya Pradesh (the “Authority”) is engaged
in the development of MDRs under CRIF and as part of this
endeavour, the Authority has decided to CONSTRUCTION OF
UJJAIN-BADNAGAR 2/4 LANE ROAD ( REMAINING PART OF
(N.H.A.I.) TWO LANE ROAD ) LENGTH 22.19 KM IN DISTRICT
UJJAIN EPC Mode under PWD (B&R) DIVISION UJJAIN IN THE
STATE OF MADHYA(the “Project”) through an Engineering,
Procurement and Construction (the “EPC”) Contract, and has
decided to carry out the bidding process for selection of a Bidder to
whom the Project may be awarded. A brief description of the project
may be seen in the Information Memorandum of the Project at the
website https:// mptenders.gov.in. Brief particulars of the Project are
as follows:
Name of the Work Length in Estimated No of Years for
(In m) Project Cost completion of
(In Rs. Lacs)1 work5

CONSTRUCTION OF 22190 19177.45 1.5 Years

UJJAIN-BADNAGAR 2/4 including
LANE ROAD ( Rainy Season
REMAINING PART OF
(N.H.A.I.) TWO LANE
ROAD ) LENGTH 22.19 KM
IN DISTRICT UJJAIN ”
DISTRICTON EPC Mode under
PWD (B&R) DIVISION UJJAIN
IN THE STATE OF MADHYA
PRADESH

1.1.2 The selected Bidder (the “Contractor”) shall be responsible for

designing, engineering, procurement and construction of the Project
under and in accordance with the provisions of an engineering,
procurement and construction contract (the “EPC Contract”) to be
entered into between the Contractor and the Authority in the form
provided by the Authority as part of the Bidding Documents pursuant

8
 hereto. The Contractor shall also be responsible for the maintenance
of the project during the Defect Liability Period.The scope of work
will broadly include CONSTRUCTION OF UJJAIN-BADNAGAR
2/4 LANE ROAD ( REMAINING PART OF (N.H.A.I.) TWO LANE
ROAD ) LENGTH 22.19 KM IN DISTRICT UJJAIN ” ON EPC
Mode under PWD (B&R) DIVISION UJJAIN IN THE STATE OF MADHYA
PRADESH and maintenance of the Project during the Defect Liability Period,
which shall be 10 years..
1.1.3 The estimated cost of the Project (Rs. 5330.77Lakhs) has been specified in
the clause 1.1.1 above. The assessment of actual costs, however, will have
to be made by the Bidders.
1.1.4 The Agreement sets forth the detailed terms and conditions for award of
the project to the Contractor, including the scope of the Contractor’s
services and obligations.
1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance
with the terms set forth in this RFP and other documents to be provided
by the Authority pursuant to this RFP (collectively the "Bidding
Documents"), and all BIDs shall be prepared and submitted in
accordance with such terms on or before the BID due date specified in
Clause 1.3 for submission of BIDs (the “BID Due Date”).
1.2 Brief description of Bidding Process
1.2.1 The Authority has adopted a single stage two part system (referred to as
the "Bidding Process") for selection of the Bidder for award of the
Project. Under this process, the bid shall be invited under two parts.
Eligibility and qualification of the Bidder will be first examined based
on the details submitted under first part (Technical Bid) with respect to
eligibility and qualifications criteria prescribed in this RFP (the
“Bidder”, which expression shall, unless repugnant to the context,
include the members of the Joint Venture). The Financial Bid under the
second part shall be opened of only those Bidders whose Technical
Bids are responsive to eligibility and qualifications requirements as per
this RFP
[GOI has issued guidelines (see Annexure VII of Appendix-1A of RFP)
for qualification of Bidders seeking to acquire stakes in any public sector
enterprise through the process of disinvestment. These guidelines shall
apply mutatis mutandis to this Bidding Process. The Authority shall be
entitled to disqualify any Bidder in accordance with the aforesaid
guidelines at any stage of the Bidding Process. Bidders must satisfy
themselves that they are qualified to bid, and should give an undertaking to
this effect in the form at Appendix-IA.]
1.2.2 The Bid shall be valid for a period of 120 days from the date specified in
Clause 1.3 for submission of BIDs.
1.2.3 The complete Bidding Documents including the draft Agreement for the
Project is enclosed for the Bidders. The Feasibility Report / Detailed
Project Report prepared by the Authority/ consultants of the Authority (the

9
 "Feasibility Report/Detailed Project Report") is also enclosed. The
Feasibility Report / Detailed Project Report of the Project is being
provided only as a preliminary reference document by way of assistance
to the Bidders who are expected to carry out their own surveys,
investigations and other detailed examination of the Project before
submitting their Bids. Nothing contained in the Feasibility
Report/Detailed Project Report shall be binding on the Authority nor
confer any right on the Bidders, and the Authority shall have no
liability whatsoever in relation to or arising out of any or all contents
of the Feasibility Report/Detailed Project Report. The aforesaid documents
and any addenda issued subsequent to this RFP Document, will be
deemed to form part of the Bidding Documents.
1.2.4 A Bidder is required to submit, along with its BID, a BID
Security of RS. 5330770.00 (Fifty Three lacs Thirty thousand Seven
hundred Seventy) (the “BID SECURITY” refundable not later than 150
(One hundred & fifty) days from the BID Due Date, except in the case
of the Selected Bidder whose BID Security shall be retained till it has
provided a Performance Security and Additional Performance Security
(if any) as per the provision of this RFP and LOA.
1.2.5 Bidders are advised to examine the Project in greater detail, and to carry
out, at their cost, such studies as may be required for submitting their
respective BIDs for award of the contract including implementation of
the Project.
1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost
required by a Bidder for implementing the Project (the "BID Price"). The
total time allowed for completion of construction under the Agreement
(the “Construction Period”) and the period during which the Contractor
shall be liable for maintenance and rectification of any defect or
deficiency in the Project after completion of the Construction Period (the
“Defect Liability Period”) shall be pre-determined, and are specified in
the draft Agreement forming part of the Bidding Documents.

In this RFP, the term “Lowest Bidder” shall mean the Bidder who is
quoting the lowest BID price.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such
Lowest Bidder withdraws or is not selected for whatsoever reason except
the reason mentioned in Clause 2.1.12 (b) (4)& clause 3.3.1, the Au
CONSTRUCTION OF UJJAIN-BADNAGAR 2/4 LANE ROAD ( REMAINING PART OF
(N.H.A.I.) TWO LANE ROAD ) LENGTH 22.19 KM IN DISTRICT UJJAIN ” DISTRICTON
EPC Mode under PWD (B&R) DIVISION UJJAIN thority shall annul the
Bidding Process and invite fresh BIDs.
1.2.8 Other details of the process to be followed under this bidding process
and the terms thereof are spelt out in this RFP.
1.2.9 Any queries or request for additional information concerning this
RFP shall be submitted by e-mail to the officer designated in Clause
2.11.4 below with identification/ title: "Queries / Request for
10
 Additional Information: RFP CONSTRUCTION OF UJJAIN-
BADNAGAR 2/4 LANE ROAD ( REMAINING PART OF (N.H.A.I.)
TWO LANE ROAD ) LENGTH 22.19 KM IN DISTRICT UJJAIN ”
EPC Mode under PWD (B&R) DIVISION UJJAIN IN THE STATE OF
MADHYAPRADESH.
1.2.10A Bidder is required to submit, along with its technical BID, a self-
certification that the item offered meets the local content requirement
for ‘Class - I local Supplier’ /’Class – II local Supplier’ as the case
maybe. The self-certification shall also have details of the location(s) at
which the local value addition is made. In case, bidder has not submitted
the aforesaid certificate on the bidder will be treated as 'Non- Local
Supplier’.
In the above pretext, the Class - I LocalSupplier, Class - II Local
Supplier and the Non- Local Supplier are defined as under:
(i) 'Class - I local Supplier’ means a supplier or service provider,
whose goods, services or works offered for procurement, meets the
minimum local content as prescribed for 'Class - I local Supplier 'under
this RFP. The ‘local content’ requirement to categorize asupplier as
‘Class - I local Supplier’ minimum 50%.
(ii) ‘Class - II local Supplier’ means asupplier or service provider,
whosegoods, services or works offered forprocurement, meets the
minimum local content as prescribed for ‘Class – IIlocalSupplier’ under
this RFP. The ‘localcontent' requirement to categorize asupplier as
'Class - II local Supplier’ is minimum 20%.
(iii) ‘Nonlocal Supplier' means a supplier or service provider, whose
goods, services or works offered for procurement, has local content less
than that prescribed for ‘Class – Ii local supplier' under this RFP.
(iv) 'Local content’ means the amountof value added in India which
shall bethetotalvalueof item procured(excluding net domestic indirect
taxes)minus the value of imported content inthe item (including all
customs duties)as a proportion of the total value, inpercent.
In case of procurement for a value in excess of Rs. 10 crores, the 'Class -
I local supplier' /'Class | local supplier' shall provide a certificate from
the statutory auditor or cost auditor of the company (in case of
companies) or from a practicing cost accountant or practicing chartered
accountant (in respect of suppliers other than companies) giving the
percentage of local content.

11
1.3 Schedule of Bidding Process
The Authority shall endeavour to adhere to the following schedule:
Sl. No. Event Description Date
1. Invitation of RFP (NIT) 03/CE/CRIF/23-24 dated 24-07-2024
2. Last date for receiving queries 09-08-2024
3 Authority response to queries latest by CE PWD Ujjain Zone Ujjain
4 Last date of Request for BID Document 03-09-2024
5 BID Due Date (Bid Submission) 03-09-2024
6 Physical Submission of Bid Security/POA etc. The successful bidder has to submit
at the Office of the Chief Engineer, PWD the original documents physically
Ujjain Zone Ujjain. with the concerned authority before
issue of LOA.
7 Opening of Technical BIDs at venue 2.11.4 (i) CE PWD Ujjain Zone Ujjain 04-09-
2024 after 11.00 HRS
8 Declaration of eligible / qualified Bidders 19-09-2024
9 Opening of Financial BID 29-09-2024
10 Letter of Acceptance (LOA) 7 days after Tender Sanctioned
11 Return of signed duplicate copy of LOA 7 days after Receiving LOA
12 Validity of BID 120 days from BID Due Date
13 Submission of Performance Security (PS) and Within 30 days of receipt of LOA.
Additional Performance Security (APS), if (The bidder has the option to
any provide 50% of PS and APS, if any
within 30 days of receipt of LOA
and the remaining PS and APS, if
any to be provided within 30 days
of signing of agreement)
14 Signing of Agreement Within 10 days from the receipt of
50% of Performance Security
and50% of Additional Performance
Security, if any

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 SECTION-2
INSTRUCTIONS TO BIDDERS

A. GENERAL
2.1. General terms of Bidding

2.1.1 No Bidder shall submit more than one BID for the Project. A Bidder
bidding individually or as a member of a Joint Venture shall not be
entitled to submit another BID either individually or as a member of
any Joint Venture, as the case may be.
2.1.2 An International Bidder bidding individually or as a member of a
Joint Venture shall ensure that Power of Attorney is apostille by
appropriate authority and requirement of Indian Stamp Act is duly
fulfilled.
2.1.3 Notwithstanding anything to the contrary contained in this RFP, the
detailedtermsspecified in the draft Agreement shall have overriding
effect; provided, however, that any conditions or obligations imposed
on the Bidder hereunder shall continue to have effect in addition to its
obligations under the Agreement. Further, the statements and
explanations contained in this RFP are intended to provide a better
understanding to the Bidders about the subject matter of this RFP
and should not be construed or interpreted as limiting in any way or
manner the scope of services and obligations of the Contractor set forth
in the Agreement or the Authority’s rights to amend, alter, change,
supplement or clarify the scope of work, the work to be awarded
pursuant to this RFP or the terms thereof or herein contained.
Consequently, any omissions, conflicts or contradictions in the
Bidding Documents including this RFP are to be noted, interpreted and
applied appropriately to give effect to this intent, and no claims on that
account shall be entertained by the Authority
2.1.4 The BID shall be furnished in the format exactly as per Appendix-I i.e.
Technical Bid as per Appendix IA and Financial Bid as per Appendix
IB. BID amount shall be indicated clearly in both figures and
words, in Indian Rupees in prescribed format of Financial Bid and
it will be signed by the Bidder’s authorised signatory. In the event of
any difference between figures and words, the amount indicated in words
shall be taken into account.
2.1.5 The Bidder should submit a Power of Attorney as per the format at
Appendix-III,
authorising the signatory of the BID to commit the Bidder.
2.1.6 In case the Bidder is a Joint Venture, the Members thereof should furnish a
Powerof Attorney in favour of the Lead Member in the format at Appendix-
IV. And joint bidding agreement in the format at Appendix-V
13
2.1.7 Any condition or qualification or any other stipulation contained in the
BID shallrender the BID liable to rejection as a non-responsive BID.
2.1.8 The BID and all communications in relation to or concerning the
Bidding Documents and the BID shall be in English language.
2.1.9 This RFP is not transferable.

2.1.10 Any award of Project pursuant to this RFP shall be subject to the
terms of Bidding Documents and also fulfilling the criterion as mentioned
in clause 2.2.
2.1.11 In case the Bidder is a Joint Venture, it shall comply with the following
additional requirements:
(a) Number of members in a Joint Venture shall not exceed 3 (Three);
(b) subject to the provisions of clause (a) above, the Bid should contain
the information required for each Member of the Joint Venture;
(c) Members of the Joint Venture shall nominate one member as the
lead member (the “Lead Member”). Lead Member shall met at
least 60% requirement of Bid Capacity, Technical and Financial
Capacity, required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3. The
nomination(s) shall be supported by a Power of Attorney, as per the
format at Appendix-III, signed by all the other Members of the Joint
Venture. Other Member(s) shall meet at least 20% requirement of
Bid Capacity, Technical and Financial Capacity required as per
Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3 and the JV as a whole shall
cumulatively/collectively fulfil the 100% requirement;
(d) the Bid should include a brief description of the roles and
responsibilities of individual members, particularly with reference to
financial, technical and defect liability obligations;
(e) the Lead Member shall itself undertake and perform at least 51(fifty
one) per cent of the total length of the Project Highway,
(f) members of the Joint Venture shall have entered into a binding Joint
Bidding Agreement, substantially in the form specified at Appendix
V (the “Jt. Bidding Agreement”), for the purpose of making the
Application and submitting a Bid in the event of being pre-qualified.
The Jt. Bidding Agreement, to be submitted along with the
Application, shall, inter alia:
(i) convey the commitment(s) of the Lead Member in accordance
with this RFP, in case the contract to undertake the Project is
awarded to the Joint Venture; and clearly outline the proposed
roles & responsibilities, if any, of each member;

14
 (ii) commit the approximate share of work to be undertaken by each
member conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint
Venture shall be liable jointly and severally for all obligations of
the Contractor in relation to the Project until the Defect Liability
Period is achieved in accordance with the EPC Contract; and
(g) except as provided under this RFP, there shall not be any
amendment to the Jt. Bidding Agreement.
(h) No Joint Venture up to Estimate Project Cost of Rs. 100 crores (One
Hundred Crores). However, Joint Venture for any Estimated Project
Cost is permissible in case of maintenance works to be taken up on
EPC mode.
2.1.12 While bidding is open to persons from any country, the following
provisions shall apply:
(a) Where, on the date of the Application, not less than 50% (fiftypercent) of
the aggregate issued, subscribed and paid up equity share Capitalin theL-
1 Bidder or its Member is held by persons resident outside India or
where a Bidder or its Member is controlled by persons resident outside
India, then the eligibility and award of the project to such L-1 Bidder
shall be subject to approval of the competent authority from national
security and public interest perspective as per the instructions of the
Government of India applicable at such time. The decision of the
authority in this behalf shall be final and conclusive and binding on the
Bidder.
(b) Further, where the LoA of a project has been issued to an agency, not
covered under the category mentioned above, and it subsequently wishes
to transfer its share capital in favour of another entity who is a resident
outside India or where a Bidder or its Member is controlled by persons
resident outside India and thereby the equity capital of the transferee
entity exceeds 50% or above, any such transfer of equity Capital shall be
with the prior approval of the competent authority from national security
and public interest perspective as per the instructions of the Government
of India applicable at such point in time.
(2) The holding or acquisition of equity control, as above shall include direct
or indirect holding, acquisition, including by transfer of the direct or
indirect legal or beneficial ownership or control, by persons acting for
themselves or in concert and in determining such holding or acquisition,
the Authority shall be guided by the principles, precedents and
definitions contained in the Securities and Exchange Board of India
(Substantial Acquisition of Shares and Takeovers) Regulations, 2011, or
any substitute thereof, as in force on the date of such acquisition.

15
 (3) The Bidder shall promptly inform the authority of any change in the
shareholding, as above, and failure to do so shall render the Bidder liable
for disqualification from the Bidding process.
(4) In case the L-1 Applicant under (a) above is denied the security
clearance, for whatsoever reasons, then the applicants emerging as L-2,
L-3 eligible Bidders (in that order) may be given a counter-offer (one by
one sequentially) to match the bid of L-1 applicant/preferred Bidder. In
the event of acceptance of the counter-offer by another eligible Bidder,
the project may be awarded to such Bidder. In case no applicant matches
the bid of the L-1 applicant, the bid process shall be annulled and fresh
bids invited.
2.1.13 Notwithstanding anything to the contrary contained herein, in the event
that the Bid Due Date falls within three months of the closing of the
latest financial year of a Bidder, it shall ignore such financial year for the
purposes of its Bid and furnish all its information and certification with
reference to the 5 (five) years or 1 (one) year, as the case may be,
preceding its latest financial year. For the avoidance of doubt, financial
year shall, for the purposes of a Bid hereunder, mean the accounting year
followed by the Bidder in the course of its normal business.

2.1.14 The Bidder, including an individual of an individual or any of its Joint

Venture member, should not be a non- performing party on bid
submission date. The Bidders including any Joint Venture Member, shall
be deemed to be a non-performing party (not applicable to the project
whose contract is terminated by the Authority) if it attracts any or more
of the following conditions in any of its ongoing or completed project:

(i) Fails to complete or has missed more than two milestones in

already awarded two or more projects, even after lapse of 6 months
from the scheduled completion date, unless Extension of Time has
been allowed on the recommendations of the Independent
Engineer due to Authority's default;

(ii) Fails to complete a project, as per revised schedule, for which One
Time Fund Infusion (OTFI) has been sanctioned by the Authority;

(iii) Physical progress on any project is not commensurate with the

funds released (equity + debt + grant) from the escrow account and
such variation is more than 25% in last one year as observed by the
Independent Engineer in one or more projects;

(iv) Punch List Items in respect of any project are pending due to
Bidder's default in two or more Projects even after lapse of the
prescribed time for completion of such items;

16
 (v) Fails to fulfil its obligations to maintain a highway in a satisfactory
condition inspite of two rectification notices issued in this behalf;

(vi) Fails to attend to Non Conformity Reports (NCRs) issued by the

Independent/ Authority’s Engineer on the designs/ works
constructed by the Bidder pending for more than one year in two
or more projects.

(vii) Fails to make premium payments excluding the current instalment

in one or more projects.

(viii) Damages/ Penalties recommended by the Independent/ Authority’s

Engineer on the Bidder during O&M period and the remedial
works are not taken up in two or more projects.

(ix) Fails to achieve financial closure in two or more projects within

the given or extended period (which shall not be more than six
months in any case).

(x) Fails to submit the Performance Security within the permissible

period in more than one project(s).

(xi) Rated as an unsatisfactory performing entity/ non-performing

entity by an independent third party agency and so notified on the
website of the Authority.

(xii) Has Failed to perform for the works of Expressways, National

Highways, ISC & EI works in the last 2(two) years, as evidenced
by imposition of a penalty by an arbitral or judicial authority or a
judicial pronouncement or arbitral award against the Bidder,
including individual or any of its Joint Venture Member, as the
case may be.

(xiii) Has been expelled or the contract terminated by the Ministry of

Road Transport & Highways or its implementing agencies for
breach by such Bidder, including individual or any of its Joint
Venture Member; Provided that any such decision of expulsion or
termination of contract leading to debarring of the Bidder from
further participation in bids for the prescribed period should have
been ordered after affording an opportunity of hearing to such
party.

The Bidder, including individual or each member of Joint Venture, shall give the
list of the projects of Expressways, National Highways, ISC and EI works of
Ministry of Road Transport & Highways or its implementing agencies (NHAI/
NHIDCL/State PWDs) and the status of above issues in each project as on the

17
bid submission date and undertake that they do not attract any of the above
categories (Ref. Sr. No.6, Annex-I of Appendix – IA).

The Bidder including individual or any of its Joint Venture Member may provide

(i) details of all their on-going projects along with updated stage of litigation,
if so, against the Authority / Governments;

(ii) details of updated on-going process of blacklisting if so, under any contract
with Authority / Government; and

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

Appendix IA (Ref Clause 10.3 (iv) of Draft EPC Agreement).

The Authority reserves the right to reject an otherwise eligible Bidder on the
basis of the information provided under this clause 2.1.14. The decision of the
Authority in this case shall be final
2.1.15 All Orders of Ministry of Finance/DPIIT/any other Government agencies,
as applicable and prevalent on the date of LOA, shall be applicable.
2.1.16 Entities of countries which have been identified by Ministry of Road
Transport & Highways as not allowing Indian companies to participate in
their Governmentprocurement for any item related to Ministry of Road
Transport & Highways shall not be allowed to participate in Government
procurement in India for all items related to Ministry of Road Transport &
Highways, except for the list of items published by the Ministry of Road
Transport & Highways permitting their participation.
2.2. Eligibility and qualification requirements of Bidder
2.2.1 For determining the eligibility of Bidder the following shall apply:
(a) The Bidder may be a single entity or a group of entities (the “Joint
Venture”), coming together to implement the Project. The term Bidder
used herein would apply to both a single entity and a Joint
Venture.However,in case the estimated cost of the project for which bid
is invited is uptoRs. 100 Crore, then Joint Venture shall not be allowed.
(b) Bidder may be a natural person, private entity, or any combination of
them with a formal intent to enter into a Joint Venture agreement or
under an existing agreement to form a Joint Venture. A Joint Venture
shall be eligible for consideration subject to the conditions set out in
Clause 2.1.11 above.
(c) A Bidder shall not have a conflict of interest (“Conflict of Interest”)
that affects the Bidding Process. Any Bidder found to have a Conflict of
Interest shall be disqualified and liable for forfeiture of the BID Security
or Performance Security as the case may be. A Bidder shall be deemed
to have a Conflict of Interest affecting the Bidding Process, if:
18
(i) the Bidder, its Joint Venture Member (or any constituent thereof)
and any other Bidder, its Member or any Member of its Joint
Venture thereof (or any constituent thereof) have common
controlling shareholders or other ownership interest; provided that
this disqualification shall not apply in cases where the direct or
indirect shareholding of a Bidder, or its Joint Venture Member
thereof (or any shareholder thereof having a shareholding of more
than 5% (five percent) of the paid up and subscribed share capital of
such Bidder, or its Joint Venture Member, as the case may be), in
the other Bidder, its Joint Venture Member is less than 5% (five
percent) of the subscribed and paid up equity share capital thereof;
provided further that this disqualification shall not apply to any
ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act
1956. For the purposes of this Clause 2.2.1(c), indirect shareholding
held through one or more intermediate persons shall be computed as
follows: (aa) where any intermediary is controlled by a person
through management control or otherwise, the entire shareholding
held by such controlled intermediary in any other person (the
“Subject Person”) shall be taken into account for computing the
shareholding of such controlling person in the Subject Person; and
(bb) subject always to sub-clause (aa) above, where a person does
not exercise control over an intermediary, which has shareholding in
the Subject Person, the computation of indirect shareholding of such
person in the Subject Person shall be undertaken on a proportionate
basis; provided, however, that no such shareholding shall be
reckoned under this sub-clause (bb) if the shareholding of such
person in the intermediary is less than 26% of the subscribed and
paid up equity shareholding of such intermediary; or
(ii) a constituent of such Bidder is also a constituent of another Bidder;
or

(iii) such Bidder, or any of its Joint Venture Member thereof receives or
has received any direct or indirect subsidy, grant, concessional loan
or subordinated debt from any other Bidder, or any of its Joint
Venture Member thereof or has provided any such subsidy, grant,
concessional loan or subordinated debt to any other Bidder, its
Member or any of its Joint Venture Member thereof; or

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

(v) such Bidder, or any of its Joint Venture Member thereof has a
relationship with another Bidder, or any of its Joint Venture
Member thereof, directly or through common third party/ parties,
that puts either or both of them in a position to have access to each
19
 others’ information about, or to influence the Application of either
or each other; or

(vi) such Bidder, or any of its Joint Venture Member thereof has
participated as a consultant to the Authority in the preparation of
any documents, design or technical specifications of the Project.

(d) For determining the eligibility of Bidder from a country which shares a
land border with India the following shall apply:
(i) Any Bidder from a country which shares a land border with India will be
eligible to bid, only if the Bidder is registered with the Competent
Authority, specified in Annexure- I of Order (Public Procurement No. 1)
issued by Ministry of Finance, Department of Expenditure Public
Procurement Division vide F. No. 6/18/2019-PPD, dated 23rd July 2020,
which shall form an integral part of RFP and DCA (Copy enclosed).
(ii) "Bidder from a country which shares a land border with India"
means:
a) An entity incorporated, established or registered in such a country, or
b) A subsidiary incorporated, registered in such a country; or
c) An entity substantially controlled throughentities incorporated,
established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A Consortium or joint venture where any member of the consortium or
joint venture falls under any of the above.
(iii) Beneficial owner for the purpose of (ii) above means:
1. In case of a company or Limited Liability Partnership, the beneficial
owner is the natural person(s), who, whether acting alone or together,
or through one or more judicial person, has a controlling ownership
interest or who exercises control through other means.
Explanation:
a) "Controlling ownership interest" means ownership of or entitlement
to more than twenty-five per cent of shares or capital or profits of the
company.
b) "Control" shall include the right to appoint majority of the directors
or to control the management or policy decisions including by virtue
of their shareholding or management rights or shareholding
agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through one or
one or more juridical person: has ownership of entitlement to more
than fifteen percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the
beneficial owner is the natural person(s), who, whether acting alone
or together, or through one or more juridical person, has ownership of
20
 or entitlement to more than fifteen percent of the property or capital
or profits of such association or body of individual;
4. Where no natural person is identified under (1) or (2) or (3) above,
the beneficial owner is the relevant natural person who holds the
position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall
include identification of the author of the trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust and any
other natural person exercising ultimate effective control over the
trust through a chain of control or ownership.
(iv) An Agent is a person employed to do any act for another, or to
represent another in dealings with third person.
(v) The Selected Bidder shall not be allowed to sub-contract works to
any contractor from a country which shares a land border with India
unless such contractor is registered with the Competent Authority.
The definition of "contractor from a country which shares a land
border with India" shall be as in Clause 2.2.1(d)(ii) above.
Certificate regarding Compliance:
A certificate on the letterhead of the Bidder shall be required to be
submitted by the bidders certifying the following:
"I have read the clause regarding restrictions on procurement from a
bidder of a country which shares a land border with India and on sub-
contracting to contractors from such countries; I certify that this
bidder is not from a country or, if from such a country, has been
registered with the Competent Authority as defined in Public
Procurement Order no. F.no.6/18/2019- PPD dated 23rd July 2020. I
hereby certify that this bidder fulfils all requirements in this regard
and is eligible to be considered."
It may be noted that in case the above certification is found to be false,
this would be a ground for immediate rejection of Bid/termination and
further legal action in accordance with law.

Validity of Registration:
In respect of RFP, registration should be valid at the time of submission
of bids and at the time of acceptance of bids. If the Bidder was validly
registered at the time of acceptance, registration shall not be a relevant
consideration during contract execution.

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

Bidders who interalia meet the minimum qualification criteria will be

qualified only if their available BID capacity is more than the total BID
value (value as per Clause 1.1.1). The available BID capacity will be
21
 calculated as per following, based on information mentioned at
Annexure-VI of Appendix-IA:

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

N= Number of years prescribed for completion of work for which Bid

is invited.

A = Maximum value of civil engineering works excluding the amount

of bonus received, if any, in respect of EPC Projects executed in
any one year during the last five years (updated to the price level
of the year indicated in table at Note-3 below) taking into account
the completed as well as works in progress. The EPC
projectsinclude turnkey project/ Item rate contract/ Construction
works.

B = Value (updated to the price level of the year indicated in table at

Note-3 below) of existing commitments, works for which the
bidder has emerged as the winner of the bids oron-going works to
be completed during the period of completion of the works for
which BID is invited for the sake of clarification, it is mentioned
that works for which bidder has emerged as the winner for the bids
but LOA has not been issuedas on the day before opening the
financial bids shall also be considered while calculating value of
B.

C = The amount of bonus received, if any, in EPC Projects during the

last 5 years (updated to the price level of the year indicated in
table at Note-3 below).

Note:
1. The Statement showing the value of all existing commitments, works
for which the contractor has emerged as the winner of the bid as given
by the bidder and ongoing works as well as the stipulated period of
completion remaining for each of the works listed should be
countersigned by the Client or its Engineer-in-charge not below the
rank of Executive Engineer or equivalent in respect of EPC Projects or
Concessionaire / Authorised Signatory of SPV in respect of BOT
Projects and verified by Statutory Auditor.

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

countersigned by the Client or its Engineer-in-charge not below the
rank of Executive Engineer or equivalent in respect of EPC Projects.

3. The factor for the year for updation to the price level is indicated as
under:
22
 Year 2023-24 2022-23 2021-22 2020-21 2019-20
Up-dation factor 1.00 1.05 1.10 1.15 1.20

4. The Bid capacity status of the bidder to be updated as on the day before
opening the financial bids.

2.2.2.2 Technical Capacity

(i) For demonstrating technical capacity and experience (the

“Technical Capacity”), the Bidder shall, over the past 5(five)
financial years preceding the Bid Due Date, have received
payments for construction of Eligible Project(s), or has undertaken
construction works by itself in a PPP project, such that the sum
total thereof, as further adjusted in accordance with clause 2.2.2.5
(i)& (ii), is more than Rs. 39,98,07,775.00 (Rs. Thirty Nine Crores
Ninty Eight Lacs Seven Thousand Seven hundred Seventy Five
only) (the “Threshold Technical Capacity”).

(ii) For normal road projects (including Major Bridges/ROB/

Flyovers/ Tunnels):

Provided that at least one similar work of 20% of Estimated Project Cost
shall have been completed from the Eligible Projects in Category 1
and/or Category 3 specified in Clause 2.2.2.5. For this purpose, a
project shall be considered to be completed, if more than 90% of the
value of work has been completed and such completed value of
work is equal to or more than 20% of the estimated project cost.
If any Major Bridge/ROB/Flyover/Tunnel is (are) part of the project, then
the sole Bidder or in case the Bidder being a Joint Venture, any
member of Joint Venture shall necessarily demonstrate additional
experience in construction of Major Bridge/ROBs/Flyovers/Tunnel
in the last 10 (Ten) financial years preceding the Bid Due Date i.e.
shall have completed at least one similar Major
Bridge/ROB/Flyover having span equal to or greater than:
(a) In case, longest span of Bridge/ROB/flyover is less than or
equal to 60m, no additional qualification is required.
(b) When longest span is more than 60m: 50% of the longest
span or 100m , whichever is less, of the structure proposed in
this project

And in case of tunnel, if any, shall have completed construction of

at least one tunnel consisting of single or twin tubes (including
23
 tunnel(s) for roads/Railway/Metro rail/irrigation/hydro-electric
projects etc.) having atleast

(a) In case Tunnel is a part of project having length less than or

equal to 200 m, then no additional qualification is required.
(b) When length of tunnel more than 200 m: 50% of the cross-
sectional area of proposed tunnel or two-lane highway tunnel
cross-sectional area, whichever is less and 20% length of the
tunnel to be constructed in this project or 2 km, whichever is
less.
(iii) For Stand- alone specialized projects:

(a) Major Bridges/ROB/Flyovers projects:

(a1) In case the cost of specialized project is less than or equal to

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

24
 (b) Tunnel project : The sole Bidder or in case the Bidder being a
Joint Venture, any member of Joint Venture shall have completed
atleast one tunnel project in the last 10 (Ten) Financial years
preceding the Bid Due Date, consisting of single or twin tubes (
including tunnel(s) for roads/ Railway/ Metro rail/ irrigation/ hydro-
electric projects etc.) having atleast 50% of the cross-sectional area of
the tunnel to be constructed or cross sectional area of 2 lane highway
tunnel, whichever is less, and 20% length of the tunnel to be
constructed in this project or 2 km, whichever is less and the cost of
such project shall be atleast 20% of the Estimated Project Cost or Rs.
1000 cr., whichever is less. For this purpose, a project shall be
considered to be completed, if more than 90% of the value of work has
been completed and such completed value of work is equal to or more
than 20% of the Estimated Project Cost or Rs. 1000 Cr., whichever is
less.

2.2.2.3 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of
5%of PAC at the close of the preceding financial year.
(ii) The Bidder shall have a minimum Average Annual Turnover (updated to the
price level of the year based on factors indicated in table below)of15%
of PAC for the last 5 (five) financial years.

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

2
Up-dation 1.00 1.05 1.10 1.15 1.20
factor

2.2.2.4 In case of a Joint Venture:

(i) The Bid Capacity,Technical Capacity and Financial Capacity of

all the Members of Joint Venture would be taken into account for
satisfying the above conditions of eligibility. Further, Lead
Member shall meet at least 60% requirement of Bid Capacity,
Technical and Financial Capacity as per Clause 2.2.2.1, 2.2.2.2(i)
and 2.2.2.3 and each of other JV members shall meet at least 20%
requirement of Bid Capacity, Technical and Financial
Capacityindividually as per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3.
For avoidance of doubt it is further clarified that the Joint Venture
must collectively and individually satisfy the above qualification
criteriai.e. JV shall cumulatively/collectively fulfill the 100%
requirement.

25
 (ii) For requirement of 2.2.2.2 (ii), one similar work of 20% of
Estimated Project Cost should have been completed from the
Eligible Projects in Category 1 and/or Category 3 specified in
Clause 2.2.2.5 individually by any of the JV members as a single
work.

2.2.2.5 for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 2.2.2 the following categories of
experience would qualify as Technical Capacity and eligible
experience (the "Eligible Experience") in relation to eligible projects
as stipulated in Clauses 2.2.2.6 (i) & (ii) (the "Eligible Projects"). In
case the Bidder has experience across different categories, the
experience for each category would be computed as per weight of
following factors to arrive at its aggregated Eligible Experience:
Category Project / Construction experience on Eligible Factors
Projects
1 Project in highways sector that qualify under 1
Clause 2.2.2.6 (i)
2 Project in core sector that qualify under 0.75
Clause 2.2.2.6 (i)
3 Construction in highways sector that qualify 1
under Clause 2.2.2.6 (ii)
4 Construction in core sector that qualify under 0.75
Clause 2.2.2.6 (ii)

(ii) The Technical capacity in respect of an Eligible Project situated in a

developed country which is a member of OECD shall be further
multiplied by a factor of 0.5 (zero point five) and the product thereof
shall be the Experience Score for such Eligible Project.

(iii) For the purpose of this RFP:

(a) highways sector would be deemed to include highways,

expressways, bridges, tunnels, runways, railways
(construction/re-construction of railway tracks, yards for keeping
containers etc.) metro rail and ports (including construction/re-
construction cost of Jetties, any other linear infrastructure
including bridges etc.); and
(b) core sector would be deemed to include civil construction cost of
power sector, commercial setups (SEZs etc.), airports, industrial
parks/ estates, logistic parks, pipelines, irrigation, water supply,
sewerage, irrigation, water supply, stadium, hospitals, hotel,
smart city, warehouses/Silos, oil and gas and real estate
development.
26
(I) In case of projects executed by applicant under category 3 and 4
as a member of Joint Venture, theproject cost should be
restricted to the share of the applicant in the joint venture for
determining eligibility as per provision under clause 2.2.2.2 (ii).
In case Statutory Auditor certifies that, the work of other
member(s) is also executed by the applicant, then the total share
executed by applicant can beconsidered for determining
eligibility as per provision under clause 2.2.2.2 (ii).
(II) Maintenance works are not considered as eligible project for
evaluation as per Instruction No.6 to Annex-IV. As such works
with nomenclature like PR, OR, FDR,SR, site/micro grading,
surface renewal, resurfacing work, Tarring, B.T. surface work,
temporary restoration, urgent works, periodic maintenance,
repair & rehabilitation, one time maintenance, permanent
protection work of bank, external pre stressing, repair of central
hinge, short term OMT contract of NHAI, any type of work
related to border fencing, work of earthwork alone, construction
of buildings/ hostels/hospitals, etc, or not specified, shall not be
considered. However, such maintenance works shall be
considered as eligible projects in case of Maintenance works to
be taken up on EPC mode.
(III) The works such as Improvement in Riding Quality work
(IRQP/IRQ), shall be considered for Technical Capacity [2.2.2.2
(i)] but not for single completed works [2.2.2.2 (ii)]. However,
such work shall be considered for single completed works
[2.2.2.2 (i)] in case of Maintenance works to be taken up on EPC
mode.

(IV) Project in HIGHWAY sector shall constitute the following for

the purpose of consideration under category l or 3 as applicable,
if:
(i) Widening / reconstruction / up-gradation works on NH /
SH or on any category of road taken up under CRIF, ISC/
El, SARDP, LWE
(ii) Widening/ re-construction/up-gradation works on MDRs
with loan assistance from multilateral agencies or on BOT
basis,
(iii) Widening/ reconstruction / up-gradation work of roads in
Municipal corporation limits, construction of Bypasses,
(iv) Construction of stand- alone bridges, ROBs, tunnels w.r.t.
roads.
(v) Long term OMT works of NHAI/MORT&H/MPRDC.
27
 (V) The projects with the title of RIDF, PMGSY road, link road, city
roads, rural road, sector/ municipality road, Bridges for railway
line, work of metro rails (bridges/ tunnel), real estate projects
which demonstrate road development/construction bridges or
culverts may be considered under category - 4.
(VI) In case both the estimated cost of project and revised cost of
project are provided, the revised cost of project shall be
considered for evaluation.

2.2.2.6 Eligible Experience on Eligible Projects in respect of each category:

(i) For a project to qualify as an Eligible Project under Categories 1 and

2:
(a) It should have been undertaken as a PPP project on BOT, BOLT,
BOO, BOOT or other similar basis for providing its output or
services to a public sector entity or for providing non-
discriminatory access to users in pursuance of its charter,
concession or contract, as the case may be. For the avoidance of
doubt, a project which constitutes a natural monopoly such as an
airport or port should normally be included in this category even
if it is not based on a long-term agreement with a public entity;
(b) the entity claiming experience should have held, in the company
owning the Eligible Project, a minimum of 26% (twenty six per
cent) equity during the entire year for which Eligible Experience
is being claimed;
(c) the capital cost of the project should be more than 5% of the
amount specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five) financial
years preceding the Bid Due Date, have itself undertaken the
construction of the project for an amount equal to at least one
half of the Project Cost of eligible projects, excluding any part of
the project for which any contractor, sub-contractor or other
agent was appointed for the purposes of construction.
(ii) For a project to qualify as an Eligible Project under Categories 3 and
4, the Bidder should have received payments from its client(s) for
construction works executed, fully or partially,or work executed and
certified by the Engineer-in-charge/Independent Engineer/Authority’s
Engineer during the 5 (five) financial years immediately preceding
the Bid Due Date, and only the amounts (gross) actually received/
work executed, during such 5 (five) financial years shall qualify for
purposes of computing the Experience Score. However, receipts of or
work executed amount less than 5% of PACshall not be reckoned as
receipts for Eligible Projects. For the avoidance of doubt,
28
 construction works shall not include supply of goods or equipment
except when such goods or equipment form part of a turn-key
construction contract / EPC contract for the project. Further, the cost
of land and also cost towards pre-construction activities (like shifting
of utilities etc.) shall not be included hereunder.
(iii) The Bidder shall quote experience in respect of a particular Eligible
Project under any one category only, even though the Bidder (either
individually or along with a member of the Joint Venture) may have
played multiple roles in the cited project. Double counting for a
particular Eligible Project shall not be permitted in any form.
(iv) Experience for any activity relating to an Eligible Project shall not
be claimed by two or more Members of the Joint Venture. In other
words, no double counting by a Joint Venture in respect of the same
experience shall be permitted in any manner whatsoever.

2.2.2.7 Submission in support of Technical Capacity

(i) The Bidder should furnish the details of Eligible Experience for the
last 5 (five) financial years immediately preceding the Bid Due
Date.

(ii) The Bidder must provide the necessary information relating to

Technical Capacity as per format at Annex-II of Appendix-IA.

(iii)The Bidder should furnish the required Project-specific information

and evidencein support of its claim of Technical Capacity, as per
format at Annex -IV ofAppendix-IA.
2.2.2.8 Submission in support of Financial capacity
(i) The Technical Bid must be accompanied by the Audited Annual
Reports of the Bidder (of each Member in case of a Joint Venture) for
the last 5 (five) financial years, preceding the year in which the bid is
submitted.
(ii) In case the annual accounts for the latest financial year are not
audited and therefore the Bidder cannot make it available, the Bidder
shall give an undertaking to this effect and the statutory auditor shall
certify the same. In such a case, the Bidder shall provide the Audited
Annual Reports for 5 (five) years preceding the year for which the
Audited Annual Report is not being provided.

(iii) The Bidder must establish the minimum Net Worth specified in
Clause 2.2.2.3, and provide details as per format at Annex-III of
Appendix-IA.
2.2.2.9 The Bidder shall enclose with its Technical Bid, to be submitted as per
the format at Appendix-IA, complete with its Annexes, the following:
29
 (i) Certificate(s) from its statutory auditors$ or the concerned client(s)
stating the payments received or in case of a PPP project, the
construction carried out by itself, during the past 5 years, in respect of
the Eligible Projects. In case a particular job/ contract has been jointly
executed by the Bidder (as part of a Joint Venture), it should further
support its claim for the payments received or construction carried
out by itself in PPP Projects as applicable the share in work done for
that particular job/ contract by producing a certificate from its
statutory auditor or the client; and
(ii) Certificate(s) from its statutory auditors specifying the net worth of
the Bidder, as at the close of the preceding financial year, and also
specifying that the methodology adopted for calculating such net
worth conforms to the provisions of this Clause 2.2.2.9 (ii). For the
purposes of this RFP, net worth (the “Net Worth”) shall mean the
aggregate value of the paid-up share capital and all reserves created
out of the profits and securities premium account, after deducting the
aggregate value of the accumulated losses, deferred expenditure and
miscellaneous expenditure not written off, as per the audited balance
sheet, but does not include reserves created out of revaluation of
assets, write-back of depreciation and amalgamation.

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

2.4 Cost of Bidding

The Bidders shall be responsible for all of the costs associated
with the preparation of their BIDs and their participation in the
Bidding Process. The Authority will not be responsible or in any way
liable for such costs, regardless of the conduct or outcome of the Bidding
Process.
$
In case duly certified audited annual financial statements containing explicitly the requisite details are provided,
a separate certification by statutory auditors would not be necessary in respect of Clause 2.2.2.9 (i). In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Applicant may provide the certificates required under this RFP.

30
2.5 Site visit and verification of information
2.5.1 Bidders are encouraged to submit their respective BIDs after visiting the
Project site and ascertaining for themselves the site conditions,
traffic, location, surroundings, climate, availability of power, water &
other utilities for construction, access to site, handling and storage of
materials, weather data, applicable laws and regulations, and any other
matter considered relevant by them. Bidders are advised to visit the site
and familiarise themselves with the Project with in the stipulated time of
submission of the Bid. No extension of time is likely to be considered for
submission of Bids.

2.5.2 It shall be deemed that by submitting a BID, the Bidder has:

(a) made a complete and careful examination of the Bidding Documents,
Schedules annexed to EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the
information provided in the Bidding Documents or furnished by or
on behalf of the Authority relating to any of the matters referred to in
Clause 2.5.1 above. No claim shall be admissible at any stage on this
account.
(d) satisfied itself about all matters, things and information including
matters
referred to in Clause 2.5.1 hereinabove necessary and required
for submitting an informed BID, execution of the Project in
accordance withthe Bidding Documents and performance of all of
its obligations thereunder;
(e) acknowledged and agreed that inadequacy, lack of completeness
or incorrectness of information provided in the Bidding
Documents or ignorance of any of the matters referred to in Clause
2.5.1 hereinabove shall not be a basis for any claim for compensation,
damages, extension of time for performance of its obligations, loss
of profits etc. from the Authority, or a ground for termination of the
Agreement by the Contractor;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and in
terms hereof.

2.5.3 The Authority shall not be liable for any omission, mistake or error in
respect of any of the above or on account of any matter or thing arising out
of or concerning or relating to RFP, including any error or mistake
therein or in any information or data given by the Authority.

2.6 Verification and Disqualification

2.6.1 The Authority reserves the right to verify all statements, information
and documents submitted by the Bidder in response to the RFP and
the Bidder shall, when so required by the Authority, make available all
31
 such information, evidence and documents as may be necessary for
such verification. Any such verification, or lack of such verification, by the
Authority shall not relieve the Bidder of its obligations or liabilities
hereunder nor will it affect any rights of the Authority thereunder.

2.6.2 The Authority reserves the right to reject any BID and appropriate the BID
Security if:

(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Bidder does not provide, within the time specified by the
Authority, the supplemental information sought by the Authority for
evaluation of the BID.

Such misrepresentation/ improper response shall lead to the disqualification

of the Bidder. If the Bidder is a Joint Venture, then the entire Joint
Venture and each Member of the Joint Venture may be disqualified/
rejected. If such disqualification/rejection occurs after the BIDs have
been opened and the lowest Bidder gets disqualified / rejected, then the
Authority reserves the right to annul the Bidding Process and invites fresh
BIDs.

2.6.3 In case it is found during the evaluation or at any time before signing
of theAgreement or after its execution and during the period of defect
liability subsistence thereof, that one or more of the eligibility and /or
qualification requirements have not been met by the Bidder, or the Bidder
has made material misrepresentation or has given any materially incorrect
or false information, the Bidder shall be disqualified forthwith if not yet
appointed as the contractor either by issue of the LOA or entering
into of the Agreement, and if the Selected Bidder has already been
issued the LOA or has entered into the Agreement, as the case may be, the
same shall, notwithstanding anything to the contrary contained therein or
in this RFP, be liable to be terminated, by a communication in writing by
the Authority to the Selected Bidder or the Contractor, as the case may be,
without the Authority being liable in any manner whatsoever to the
Selected Bidder or the Contractor. In such an event, the Authority shall be
entitled to forfeit and appropriate the BID Security or Performance
Security, as the case may be, as Damages, without prejudice to any
other right or remedy that may be available to the Authority under the
Bidding Documents and / or the Agreement, or otherwise.

2.6.4. A Bidder shall be liable for disqualification and forfeiture of BID Security,
if any legal, financial or technical adviser of the Authority in relation to
the Project is engaged by the Bidder, its Member or any Associate thereof,
as the case may be, in any manner for matters related to or incidental to
such Project during the Bidding Process or subsequent to the (i) issue of
the LOA or (ii) execution of the Agreement. In the event any such adviser
32
is engaged by the selected Bidder or Contractor, as the case may be, after
issue of the LOA or execution of the Agreement for matters related or
incidental to the project, then notwithstanding anything to the contrary
contained herein or in the LOA or the Agreement and without Prejudice to
any other right or remedy or the Authority, including the forfeiture and
appropriation of the BID Security or Performance Security, as the case
may be, which the Authority may have there under or otherwise, the LOA
or the Agreement, as the case may be, shall be liable to be terminated
without the Authority being liable in any manner whatsoever to the
Selected Bidder or Contractor for the same. For the avoidance or doubt,
this disqualification shall not apply where such adviser was engaged by
the Bidder, its Member or Associate in the past but its assignment expired
or was terminated 6 (six) months prior to the date of issue of this RFP. Nor
will this disqualification apply where such adviser is engaged after a
period of 3 (three) years from the date of commercial operation of the
Project.

33
B. DOCUMENTS

2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as
listed below, and will additionally include any Addenda issued in
accordancewithClause 2.9.
Part –I
Invitation for BIDs
Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of BIDs
Section 4. Fraud and Corrupt Practices
Section 5. Pre-BID Conference-Deleted
Section 6. Miscellaneous
Appendices
IA. Letter comprising the Technical BID including Annexure I to VII
IB. Letter comprising the Financial BID
II. Bank Guarantee for BID Security
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA
Part –II
Agreement Document with schedules

Part – III
[Feasibility Report / Detailed Project Report provided by the authority]
2.7.2 The draft Agreement and the Feasibility / Detailed Project Report
provided by the Authority as part of the BID Documents shall be deemed
to be part of this RFP.

2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in
Writ in by e-mail in accordance with Clause 1.2.9. They should send in
Theirqueries on or before the date mentioned in the Schedule of
BiddingProcessspecified in Clause 1.3. The Authority shall endeavour
to respond to the queries within the period specified therein, but no later
than 15 (fifteen) days prior to theBID Due Date. The responses will
be sent by fax or e-mail. The Authority willforward all the queries and
itsresponses thereto, to all Bidders without identifyingthe source of queries.
34
2.8.2 The Authority shall endeavour to respond to the questions raised or
clarifications sought by the Bidders. However, the Authority reserves the
right not to respond to any question or provide any clarification, in its sole
discretion, and nothing in this Clause shall be taken or read as
compelling or requiring the Authority to respond to any question or to
provide any clarification.

2.8.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations & clarifications to all Bidders. All clarifications
&interpretations issued by the Authority shall be deemed to be part of the
Bidding Documents. Verbal clarifications and information given by
Authorityor its employees or representatives shall not in any way or
manner be binding on the Authority.

2.9 Amendment of RFP

2.9.1 At any time prior to the BID Due Date, the Authority may, for any reason,
whether at its own initiative or in response to clarifications requested by a
Bidder, modify the RFP by the issuance of Addenda.

2.9.2 Any Addendum issued hereunder will behosted on the MP

e-procurement Portal (https://mptenders.gov.in).

2.9.3 In order to afford the Bidders a reasonable time for taking an

Addendum into account, or for any other reason, the Authority may, in its
sole discretion, extend the BID Due Date2.

C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

2.10.1 The Bidder shall provide all the information sought under this RFP.
The Authority will evaluate only those BIDs that are received online in the
required formats and complete in all respects and the scanned copies of the
Bid Security, Copy of online receipt towards payment of cost of Bid
document, POA and Joint Bidding Agreement etc. are received online.

2.10.2 The BID shall be typed and signed in indelible blue ink by the authorised
signatory of the Bidder. All the alterations, omissions, additions or any
other amendments made to the BID shall be initialled by the person(s)
signing the BID.

35
2.11 Documents comprising Technical and Financial BID

2.11.1 The Bidder shall first upload all the project details, net worth details,
turnover details, capital and tunnel details and all other details required in
this RFP for technical qualification. The Bidder shall ensure that all the
details are updated as on the due date of submission of this bid.

The Bidder shall then apply for the RFP on the website https://
mptenders.gov.in by submitting the documents mentioned below along
with the supporting documents which shall comprise of the Technical BID
on the MP e-procurement Portal (https://mptenders.gov.in).:

Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including
Annexure I-VI and supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at
Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture
as per the format at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
(e) Deleted
(f) BID Security of RS. 5330770.00 (Fifty Three lacs Thirty
thousand Seven hundred Seventy) in the form of Bank Guaratee in
the format at Appendix-II from a Scheduled Bank (To be submitted
Physically by the successful bidder before issue of LOA).
(g) The Bidders shall also submit Rs.. 50,000/- [Rs Fifty thousand Only]
towards the cost of tender [ Tender fee Rs. 50,000 + 18% GST to be submitted
through the portal “bharatkosh.gov.in” ( scanned copy of receipt / document to
be submitted online on eprocure.gov.in] in favour of 002192 –EE PWD B/R
DIVISION Ujjain

(h) Deleted;
(i) Bidders shall comply with CVC’s Circular No. 06/05/21 dated
03.06.2021 regarding Standard Operating Procedure on Integrity
Pact and the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its
subsequent amendments if any, issued by MORT&H (Appendix-VI)
regarding Integrity Pact (IP) and the Integrity Pact (IP) duly signed
by Authorised signatory shall be submitted by the Bidder with the
RFP Bid & shall be part of the Contract Agreement;

(j) An undertaking from the person having PoA referred to in Sub.

Clause-(b) above that they agree and abide by the Bid documents

36
 uploaded by MORT&H/NHAI and amendments uploaded, if any;
and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing
project works (Ref Clause 10.3 (iv) of Document for EPC
Agreement).
(l) copy of Memorandum and Articles of Association, if the Bidder is a
body corporate, and if a partnership then a copy of its partnership
deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of
each member (in case of Joint Venture) for preceding 5 years.
Financial Bid
(n) Appendix-IB (Letter comprising the Financial Bid) shall be
submitted online through e-procurement portal on or before
17:30hrsISTon……………..
Self-Certification
Self-certification by the Bidder that its Bid meets the Local Content
requirement for 'Class I Local supplier'/ 'Class - Il Local supplier', as the
case may be. The Self certification shall also have details of the location(s)
at which the local value addition is made. In case, bidder do not submit the
aforesaid Certification, the bidder will be summarily treated as 'Non Local
Supplier'.

In case of procurement for a value in excess of Rs. 10 crores, the 'Class I

Local supplier' / 'Class II Local supplier' shall have to provide a Certificate
from the Statutory Auditor or Cost Auditor of the Company (in case of
Companies) or from a practicing Cost Accountant or practicing Chartered
Accountant (in respect of Suppliers other than Companies) giving the
percentage of Local Content upon Construction of the Project.

2.11.2 The Bidder shall upload thescanned copies of the following documents:

(a) Original Power of Attorney for signing the BID as per format at
Appendix-III;
(b) if applicable, Original Power of Attorney for Lead Member of Joint
Venture as per the format at Appendix-IV;
(c) if applicable, Original Joint Bidding Agreement for Joint Venture as
per the format at Appendix-V;
d) Bid security of of RS. 5330770.00 (Fifty Three lacs Thirty
thousand Seven hundred Seventy) in the form of Original Bank
Guarantee in the format at Appendix-II from a Scheduled Bank.
(e) The Bidders shall also submit Rs. . 50,000/- [Rs Fifty thousand Only]
towards the cost of tender [ Tender fee Rs. 50,000 + 18% GST to be submitted
through the portal “bharatkosh.gov.in” ( scanned copy of receipt / document to

37
 be submitted online on eprocure.gov.in] in favour of 002192 –EE PWD B/R
Division UJJAIN

(f) Deleted;
(g) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH-37010/4/2010/PIC-EAP(Printing) dated 22.02.2016and its
subsequent amendments if any issued byMORT&H (Appendix-VI)
regarding Integrity Pact (IP) and the Integrity Pact (IP)duly signed by
Authorised signatory shall be submitted by the Bidder with the RFP
Bid& shall be part of the Contract Agreement;and
(h) An undertaking from the person having PoA referred to in Sub.
Clause-(a) above that they agree and abide by the Bid documents
uploaded by MORT&H/NHAI/MP PWD and amendments uploaded,
if any
However, the successful bidder has to submit the original documents
physically with the concerned authority before issue of LOA.

2.11.3 Deleted.

2.11.4 Deleted.

2.11.5 Deleted.

2.11.6 BIDs submitted by fax, telex, telegram or e-mail shall not be entertained
and shall be summarily rejected.

2.12 BID Due Date

Financial BID comprising of the documents listed at clause 2.11.1
and 2.11.2of the RFP shall be submitted online through e-
procurement website https:// mptenders.gov.inon or before 17:30 hrs
ISTon…………. manner and form as detailed in this RFP.

2.13 Late BIDs

E-procurement portal website https:// mptenders.gov.inshall not allow

submission of any Bid after the prescribed date and time at clause 2.12.
and the bid shall be summarily rejected.

2.14 Procedure for e-tendering

2.14.1 Accessing/ Purchasing of BID documents

2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature
Certificate (DSC)(in the name of Authorized Signatory / Firm or
Organization / Owner of the Firm or Organization) from any of the
licensed Certifying Agency (Bidders can see the list of licensed CAs

38
 from the link www.cca.gov.in) to participate in e-tendering of
MoRT&H/ NHAI/NHIDCL/BRO/State PWD.

DSC should be in the name of the authorized signatory as authorized in

Appendix III of this RFP or person executing/delegating such Appendix
III in favour of Authorized Signatory. It should be in corporate capacity
(that is in Bidder capacity / in case of JV in the Lead Member capacity,
as applicable). The Bidder shall submit document in support of the class
III DSC. In other cases, the bid shall be considered Non-responsive.

2.14.1.2To participate in the bidding, it is mandatory for the Bidders to get

registered their firm / Joint Venture with e-procurement portal
https://mptenders.gov.into have user ID & password which has to be
obtained free of cost. Following may kindly be noted:

(a) Registration with e-procurement portal should be valid at least up to

the date of submission of BID.

(b) BIDs can be submitted only during the validity of registration.

It is also mandatory for the Bidders to get their firms registered with e-
tendering portal. The Bidders shall update their project and other
details on the portal on a regular basis and apply to the tenders via the
portal.

2.14.1.3 If the firm / Joint Venture is already registered with e-tendering service
provider, and validity of registration is not expired, then the firm / Joint
Venture is not required a fresh registration.

2.14.1.4 The complete BID document can be viewed / downloaded by the

Bidder from e-procurement portal https://mptenders.gov.infrom
………..,10:30 Hours to …………….. (upto 17:30 Hrs. IST).

2.14.1.5 Deleted

2.14.2 Preparation & Submission of BIDs:

2.14.2.1 The Bidder may submit his Bid online following the instructions
appearing on the screen. The detailed guidelines for e-procurement is
also available on e-procurement portal.

2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in
different files (in PDF or RAR format such that file size is not more
than 30 MB) and uploaded during the on-line submission of BID.

39
2.14.2.3 Bid must be submitted online only through e-procurement portal
https://mptenders.gov.in using the digital signature of authorized
representative of the Bidder on or before ……..; (upto 17:30 hours
IST).

2.14.3 Modifications/ Substitution/ withdrawal of BIDs

2.14.3.1 The Bidder may modify, substitute or withdraw its e- BID after
submission prior to the BID Due Date. No BID can be modified,
substituted or withdrawn by the Bidder on or after the BID Due Date
& Time.

2.14.3.2 For modification of e-BID, Bidder has to detach its old BID from e-
procurement portal and upload / resubmit digitally signed modified
BID. For withdrawal of BID, Bidder has to click on withdrawal icon
at e-procurement portal and can withdraw its e-BID. Before
withdrawal of a BID, it may specifically be noted that after withdrawal
of a BID for any reason, Bidder cannot re-submit e-BID again.

2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The Ministry shall on-line open Technical BIDs on ………………. at

11:00 hours IST, in the presence of the authorized representatives of
the Bidders, who choose to attend. Technical BID of only those
Bidders shall be online opened whose documents listed at clause
2.11.2 of the RFPhave been physically receivedThe MORT&H /
NHAI/NHIDCL/ MP PWD will subsequently examine and evaluate the
BIDs in accordance with the provisions of Section 3 of RFP.

2.16 Rejection of BIDs

2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves

the rightto reject any BID and to annul the Bidding Process and reject all
BIDs at any time without any liability or any obligation for such
acceptance, rejection orannulment, and without assigning any
reasons thereof. In the event that the Authority rejects or annuls all the
BIDs, it may, in its discretion, invite all eligible Bidders to submit fresh
BIDs hereunder.

2.16.2 The Authority reserves the right not to proceed with the Bidding Process
at any time, without notice or liability, and to reject any BID without
assigning any reasons.
40
2.17 Validity of BIDs

The BIDs shall be valid for a period of not less than 120 (one hundred and
twenty) days from the BID Due Date. The validity of BIDs may be
extended by mutual consent of the respective Bidders and the Authority.

2.18 Confidentiality

Information relating to the examination, clarification, evaluation and

recommendation for the Bidders shall not be disclosed to any person who
is not officially concerned with the process or is not a retained
professional advisor advising the Authority in relation to, or matters
arising out of, or concerning the Bidding Process. The Authority will treat
all information, submitted as part of the BID, in confidence and will
require all those who have access to such material to treat the same in
confidence. The Authority may not divulge any such information unless it
is directed to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege of
the statutory entity and/ or the Authority or as may be required by
law or in connection with any legal process.

2.19 Correspondence with the Bidder

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

D. BID SECURITY

2.20 BID Security

2.20.1 The Bidder shall furnish as part of its BID, a BID Security referred to in
Clause 1.2.4
herein above in the form of a bank guarantee issued by nationalized bank,
or a Scheduled Bank in India having a net worth of at least Rs. 1,000
crore (Rs. One thousand crore), in favour of the Authority (EXECUTIVE
ENGINEER, P.W.D. B&R DIVISION Ujjain ) in the format at
Appendix-II (the “Bank Guarantee”) and having a validity period of not
less than 180 (one hundred eighty) days from the BID Due Date,
inclusive of a claim period of 60 (sixty) days, and may be extended as
may be mutually agreed between the Authority and the Bidder from time
to time. This Bank Guarantee shall be transmitted through SFMS
Gateway to [Ministry/NHAI/HAIDCL/State PWD/BOR]’s Bank. In case
41
 the Bank Guarantee is issued by a foreign bank outside India,
confirmation of the same by any nationalized bank in India is required.
For the avoidance of doubt, Scheduled Bank shall mean a bank as defined
under Section 2(e) of the Reserve Bank of India Act, 1934. Ascanned
copy of the Bank Guarantee shall be uploaded on e-procurement portal
while
applying to the tender.

2.20.2 Any BID not accompanied by the BID Security shall be summarily
rejected by the Authority as non-responsive.

2.20.3 The Selected Bidder’s BID Security will be returned, without any interest,
upon the Bidder signing the Contract Agreement and furnishing the
Performance Security in accordance with the provisions thereof. The
Authority may, at the Selected Bidder’s option, adjust the amount of BID
Security in the amount of Performance Security to be provided by him in
accordance with the provisions of the Agreement.

2.20.4 The Authority shall be entitled to forfeit and appropriate the BID Security
as Damages inter alia in any of the events specified in Clause 2.20.5
herein below. The Bidder, by submitting its BID pursuant to this RFP,
shall be deemed to have acknowledged and confirmed that the Authority
will suffer loss and damage on account of withdrawal of its BID or for
any other default by the Bidder during the period of BID validity as
specified in this RFP. No relaxation of any kind on BID Security shall be
given to any Bidder.
2.20.5 The BID Security shall be forfeited and appropriated by the Authority as
damages payable to the Authority for, inter-alia, time cost and effort of
the Authority without prejudice to any other right or remedy that may be
available to the Authority under the bidding documents and / or under the
Agreement, or otherwise, under the followingconditions:
(a) Deleted
(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive
practice,undesirable practice or restrictive practice as specified in Section
4 of this RFP;
(c) If a Bidder withdraws its BID during the period of Bid validity as
specified in thisRFP and as extended by mutual consent of the respective
Bidder(s) and theAuthority;
(d) In the case of Selected Bidder, if it fails within the specified/extended
time limit byAuthority –

(i) to sign and return the duplicate copy of LOA;

(ii) to furnish the Performance Security /Additional Performance Security
(if any) as per Clause 2.21; or
(iii) to sign the Agreement;
42
2.21 Performance Security

2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected

Bidder shall furnish to the Authority an irrevocable and unconditional
guarantee from a Bank in the form set forth in Appendix-VII (the
“Performance Security”) for an amount equal to 5% (Five percent) of
its Bid Price. In case of bids mentioned below, the Selected Bidder,
along with the Performance Security, shall also furnish to the
Authority an irrevocable and unconditional guarantee from a Bank in
the same form given at Appendix-VII towards an Additional
Performance Security (the “Additional Performance Security”) for an
amount calculated as under:

(i) If the Bid Price offered by the Selected Bidder is lower than 10%
but upto 20% of the estimated Project Cost, then the Additional
Performance Security shall be calculated @20% of the difference in
the (i) Estimated Project Cost (as mentioned in RFP)-10% of the
Estimated Project Cost and (ii) the Bid Price offered by the selected
Bidder.

(ii) If the Bid Price offered by the Selected Bidder is lower than 20% of
the Estimated Project Cost, then the Additional Performance
Security shall be calculated @ 30% of the difference in the (i)
Estimated Project Cost (as mentioned in RFP)-10% of the
Estimated Project Cost and (ii) the Bid Price offered by the Selected
Bidder.

(iii)This Additional Performance Security shall be treated as part of the

Performance Security.

2.21.2 The Performance Security shall be valid until 60(sixty) days after the
Defects Liability Period. The Additional Performance Security shall
be valid until 28 (twenty eight) days after Project Completion Date.

2.21.3 The Selected Bidder has the option to provide 50% of the Performance
Security and 50% of the Additional Performance Security, if any,
within 30 (thirty) days of receipt of Letter of Acceptance, in any case
before signing of the Contract Agreement and the remaining
Performance Security and Additional Performance Security, if any,
shall be submitted within 30 days of signing of the agreement.

2.21.4 In the event the Selected Bidder fails to provide the remaining
Performance Security and Additional Performance Security, if any, as
prescribed herein, it may seek extension of time for a further period
upto 60 days by paying the Damages upfront along with the request
43
 letter seeking the extension. The Damages shall be the sum calculated
at the rate of 0.01% (zero point zero one per cent) of the Bid Price
offered by the Selected Bidder for each day until the Performance
Security and Additional Performance Security, if any, is provided in
full as prescribed herein. The damages at full rate as given above shall
be applicable even if a part of the Performance Security and the
Additional Performance Security is provided.

2.21.5 For avoidance of any doubt, in case of failure of submission of

Performance Security and Additional Performance Security, if any,
within the additional 60 days’ time period, the award shall be deemed
to be cancelled/ withdrawn and the Bid Security shall be encashed and
the proceeds thereof appropriated by the Authority. Thereupon all
rights, privileges, claims and entitlements of the Contractor under or
arising out of the Award shall be deemed to have been waived by, and
to have ceased with the concurrence of the Contractor, and the Award
shall be deemed to have been withdrawn by the Authority
2.22 The agreement will be executed within 10 days of receipt of 50%
Performance Security and 50% of Additional Performance Security, if any,
as per sub-clause 2.21 above.

44
 SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION
OF FINANCIAL BIDS

3.1 Evaluation of Technical Bids

3.1.1 The Authority shall open the BIDs received online at 10:30 hours IST on
………..at the place specified in Clause 2.11.4(i); and in the presence of
the Bidders who choose to attend. Technical BID of only those Bidders
shall be online opened whose documents listed at clause 2.11.2. The
Authority shall prepare minutes of the BID opening, including information
disclosed to those present at the time of BID opening.

3.1.2 Technical Bids of those Bidders, who have not submitted their Bid online,
shall not be considered for opening and evaluation.

3.1.3 If any information furnished by the Bidder is found to be incomplete, or

contained in formats other than those specified herein, the Authority may, in
its sole discretion, exclude the relevant information for consideration of
eligibility and qualification of the Bidder.

3.1.4 To facilitate evaluation of Technical BIDs, the Authority may, at its

sole discretion, seek clarifications in writing from any Bidder regarding its
Technical BID. Such clarification(s) shall be provided within the time
specified by the Authority for this purpose. Any request for clarification(s)
and all clarification(s) in response thereto shall be in writing.The bids will be
examined and evaluated in accordance with the provisions set out in this
Section 3. The Authority will subsequently flag issues, if any with the data
updated by the Bidders.

3.1.5 If a Bidder does not provide clarifications sought under Clause 3.1.4 above
within the prescribed time, its Bid may be liable to be rejected. In case the
Bid is not rejected, the Authority may proceed to evaluate the Bid by
construing the particulars requiring clarification to the best of its
understanding, and the Bidder shall be barred from subsequently questioning
such interpretation of the Authority.

3.1.6 Tests of responsiveness

3.1.6.1As a first step towards evaluation of Technical BIDs, the Authority

shall determine whether each Technical BID is responsive to the
requirements of this RFP. A Technical BID shall be considered responsive
only if:

45
 (a) Technical BID is received online as per the format at Appendix-IA
including Annexure I, IV, V and VI(Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received onlineonMP e-
tenders portal as mentioned;
(c) Technical Bid is accompanied by the BID Security as specified in
Clause 1.2.4 and 2.20;
(d) The Power of Attorney is uploaded on e-procurement portalas
specified in Clauses 2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead
Member of Joint Venture and the Joint Bidding Agreement as
specified in Clause 2.1.6, if so required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Copy of online receipt/ original documents towards submission of Rs
50,000/- [Rs. Fifty thousand Only] towards the cost of tender
[Tender fee Rs. 50,000/-+ 18% GST to be submitted through Online Cost of
Bid shall be paid through RTGS/ NEFT Gateway to Madhya Pradesh
State Electronic Development Corporation Ltd scanned copy of receipt
/ document to be submitted online on eprocure.gov.in] in favour of–
EE PWD B&R DIVISION Ujjain
3.1.6.2The Authority reserves the right to reject any Technical BID which is non-
responsive and no request for alteration, modification, substitution or
withdrawal shall be entertained by the Authority in respect of such BID.

3.1.7 In the event that a Bidder claims credit for an Eligible Project, and such
claim is determined by the Authority as incorrect or erroneous, the Authority
may reject / correct such claim for the purpose of qualification requirements.

3.1.8 The Authority will get the BID security verified from the issuing authority
and after due verification, the Authority will evaluate the Technical BIDs for
their compliance to the eligibility and qualification requirements pursuant to
clause 2.2.1 & 2.2.2 of this RFP.

3.1.9 After evaluation of Technical Bids, the Authority will publish a list of
Technically Responsive Bidders whose financial bids shall be opened. The
Authority shall notify other bidders that they have not been technically
responsive. The Authority will not entertain any query or clarification from
Applicants who fail to qualify.

3.2 Opening and Evaluation of Financial Bids

The Authority shall inform the venue and time of online opening of the
Financial Bids to the technically responsive Bidders through e-
procurement portal and e-mail. The Authority shall open the online
Financial Bids of the technically responsive Bidders only on scheduled
date and time in the presence of the authorised representatives of the
Bidders who may choose to attend. The Authority shall publicly
46
 announce the Bid Prices quoted by the technically responsive
Bidder. Thereafter, the Authority shall prepare a record of opening of
Financial Bids.

3.3 Selection of Bidder

3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is
adjudged as responsive in terms of Clause 3.1.6. The bidder shall be
declared as the selected Bidder (the "Selected Bidder") in pursuance to the
procedure defined hereunder:

(i)Among all the responsive bidder, the lowest bidder will be termed as L1.
If L1 is 'Class - Local Supplier', the contract will be awarded to L1.

(ii) If L1 is not 'Class-I local supplier', the lowest bidder among the 'Class
-local supplier', will be invited to match L1 price subject to Class I local
supplier's quoted price falling within the margin of purchase preference, and
the contract will be awarded to such 'Class-I local supplier' subject to
matching the L1 price.

(iii) In case such lowest eligible 'Class - I local supplier' fails to match
the L1 price, the 'Class - I local supplier' with the next higher bid within the
margin of purchase preference shall be invited to match the L1 price and so
on and contract shall be awarded accordingly. In case none of the 'Class I
localsupplier' within the margin of purchase preference matches the L1
price, thecontract shall be awarded to the L1bidder.

'Margin of purchase preference' means the maximum extent to which the

price quoted by a 'Class I local supplier' may be above the L1 for the
purpose of purchase preference. The margin of purchase preference shall
be 20%.

3.3.2 In the event that two or more Bidders quote the same BID Price (the
"Tie BIDs"), the Authority shall identify the Selected Bidder by draw of
lots, which shall be conducted, with prior notice, in the presence of the
Tie Bidders who choose to attend.

3.3.3 In the event that the Lowest Bidder is not selected for any reason except
the reason mentioned in Clause 2.1.12 (b) (4), the Authority shall annul the
Bidding Process and invite fresh BIDs. In the event that the Authority
rejects or annuls all the BIDs, it may, in its discretion, invite all eligible
Bidders to submit fresh BIDs hereunder.

3.3.4 After selection, a Letter of Acceptance (the “LOA”) shall be issuedin the

47
 format set forth in Appendix-VIII, in duplicate, by the Authority to the
Selected Bidder and the Selected Bidder shall, within 7(seven) days of
the receipt of the LOA, sign and return the duplicate copy of the LOA in
acknowledgement thereof. In the event the duplicate copy of the LOA
duly signed by the Selected Bidder is not received by the stipulated
date, the Authority may, unless it consents to extension of time for
submission thereof, appropriate the BID Security of such Bidder as
Damages on account of failure of the Selected Bidder to acknowledge the
LOA.

3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it

shall cause the Bidder to submit Performance Security and Additional
Performance Security (if any)within the period prescribed/extended by
Authority and then execute the Agreement within the period prescribed in
Clause 1.3. The Selected Bidder shall not be entitled to seek any
deviation, modification or amendment in the Agreement.

3.3.6 Authority shall return Bid Security of all bidders except L-1 and L -2
within 7 working days from opening of financial Bid subject to provision
of Clause 2.1.12 (4). The bid security of L-2 bidder shall be returned
within 7 working days of issue of LOA. The Authority shall be
responsible to return the Bid Security, as above, and the bidders shall not
be required to ask for the same.

3.4 Contacts during BID Evaluation

BIDs shall be deemed to be under consideration immediately after they are

opened and until such time the Authority makes official intimation of
award/ rejection to the Bidders. While the BIDs are under consideration,
Bidders and/ or their representatives or other interested parties are advised
to refrain, save and except as required under the Bidding Documents,
from contacting by any means, the Authority and/ or their employees/
representatives on matters related to the BIDs under consideration.

3.5 Correspondence with Bidder

Save and except as provided in this RFP, the Authority shall not entertain
any correspondence with any Bidder in relation to the acceptance or
rejection of any Bid.

3.6 Any information contained in the Bid shall not in any way be construed as
binding on the Authority, its agents, successors or assigns, but shall be
binding against the Bidder if the Project is subsequently awarded to it on the
basis of such information.

48
 SECTION-4

FRAUD AND CORRUPT PRACTICES

4.1 The Bidders and their respective officers, employees, agents and
advisers shallobserve the highest standard of ethics during the Bidding
Process and subsequent to the issue of the LOA and during the subsistence
of the Agreement. Notwithstanding anything to the contrary contained
herein, or in the LOA or the Agreement, the Authority may reject a BID,
withdraw the LOA, or terminate the Agreement, as the case may be,
without beingliableinany manner whatsoever to the Bidder, if it
determines that the Bidder, directly or indirectly or through an agent,
engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process. In such
an event, the Authority shall be entitled to forfeit and appropriate the BID
Security or Performance Security, as the case may be, as Damages,
without prejudice to any other right or remedy that may be available
to the Authority under the Bidding Documents and/ or the Agreement,
or otherwise.

4.2 Without prejudice to the rights of the Authority under Clause 4.1
hereinabove and the rights and remedies which the Authority may have
under the LOA or the Agreement, or otherwise if a Bidder or
Contractor, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice during the Bidding Process, or after the
issue of the LOA or the execution of the Agreement, such Bidder shall
not be eligible to participate in any tender or RFP issued by the Authority
during a period of 2 (two) years from the date such Bidder, or Contractor,
as the case may be, is found by the Authority to have directly or
indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practices, as the case may be.

4.3 For the purposes of this Section 4, the following terms shall have the
meaning hereinafter respectively assigned to them:

(a) “corrupt practice” means the offering, giving, receiving or soliciting of

49
 anything of value, pressurizing to influence the action of a public official in
the process of tendering and execution of the project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, in order to influence
the Bidding Process;

(c) “coercive practice” means impairing or harming, or threatening to impair

or harm, directly or indirectly, any person or property to influence any
person’s participation or action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the Authority with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Bidding Process; or (ii) having a Conflict of
Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any

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

50
 SECTION-5

PRE-BID CONFERENCE

Deleted

51
 SECTION-6

MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance
with, the laws of India/ Government of Madhya Pradesh and the Courts
at [CE ZONE UJJAIN] shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/ or in connection with the
Bidding Process.
6.2 The Authority, in its sole discretion and without incurring any
obligation or liability, reserves the right, at any time, to;
(a) Suspend and/ or cancel the Bidding Process and/ or amend
and/ or supplement the Bidding Process or modify the dates or
other terms and conditions relating thereto;
(b) Consult with any Bidderin order to receive clarification or
further information;
(c) retain any information and/ or evidence submitted to the
Authority by, onbehalf of, and/ or in relation to any Bidder; and/
or
(d) independently verify, disqualify, reject and/ or accept any
and allsubmissions or other information and/ or evidence
submitted by or onbehalf of any Bidder.

6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and
releases the Authority, its employees, agents and advisers,
irrevocably, unconditionally, fullyand finally from any and all liability
for claims, losses, damages, costs, expenses orliabilities in any way
related to or arising from the exercise of any rights and/ or
performance of any obligations hereunder, pursuant hereto and/ or in
connection with the Bidding Process and waives, to the fullest extent
permitted by applicablelaws, any and all rights and/ or claims it may
have in this respect, whether actual orcontingent, whether present or in
future.

52
 APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)

[The Chief Engineer of the concerned Project Zone/General Manager

(Tech.) of concerned Division Address of concerned Authority]

CHIEF ENGINEER, UJJAIN ZONE, PUBLIC WORKS DEPARTMENT,UJJAIN

[M.P.]

P.W.D. (B&R) DIVISION UJJAIN . [M.P.]

Sub: BID for CONSTRUCTION OF UJJAIN-BADNAGAR 2/4 LANE

ROAD ( REMAINING PART OF (N.H.A.I.) TWO LANE ROAD )
LENGTH 22.19 KM IN DISTRICT UJJAIN ” EPC Mode under PWD
(B&R) DIVISION UJJAIN IN THE STATE OF MADHYA PRADESH
Dear Sir,

With reference to your RFP document dated *** **$, I/we, having examined
the Bidding Documents and understood their contents, hereby submit
my/our BID for the aforesaid Project. The BID is unconditional and
unqualified.

2. I/ We acknowledge that the Authority will be relying on the information

provided in the BID and the documents accompanying the BID
for selection of the Contractor for the aforesaid Project, and we
certify that all information provided in the Bid and its the Annexure I
to VI along with the supporting documents are true and correct; nothing
has been omitted which renders such information misleading; and all
documents accompanying the BID are true copies of their respective
originals.

3. This statement is made for the express purpose of our selection as EPC
Contractor for the development, construction, rehabilitation and
augmentation of the aforesaid Project and maintenance of the Project
during the Defect Liability Period.

4. I/ We shall make available to the Authority any additional information it

may findnecessary or require to supplement or authenticate the BID.

5. I/ We acknowledge the right of the Authority to reject our BID without

assigning any reason or otherwise and hereby waive, to the fullest
extent permitted by applicable law, our right to challenge the same on
any account whatsoever.

53
6. I/ We certify that in the last two years, we/ any of the JV partners have
neither failed to perform for the works of Expressways, National
Highways, ISC &EI works/ State Government works, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a
judicial pronouncement or arbitration award against us, nor been
expelled or terminated by Ministry of Road Transport & Highways or its
implementing agenciesfor breach on our part.

7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding
Documents, including any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses
2.2.1 (c) and 2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or
indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice, as defined in
Clause 4.3 of the RFP document, in respect of any tender or request for
proposal issued by or any Agreement entered into with the Authority
or any other public sector enterprise or any government, Central or
State; and
(d) I/ We hereby certify that we have taken steps to ensure that in
conformity with the provisions of Section 4 of the RFP, no person
acting for us or on our behalf has engaged or will engage in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice; and
(e) the undertakings given by us along with the Application in response to
the RFP for the Project and information mentioned for the evaluation
of the BID Capacity in Annexure VI were true and correct as on the
date of making the Application and are also true and correct as on the
BID Due Date and I/we shall continue to abide by them.

8. I/ We understand that you may cancel the Bidding Process at any

time and that you are neither bound to accept any BID that you may
receive nor to invite the Bidders to BID for the Project, without
incurring any liability to the Bidders, in accordance with Clause 2.16.2
of the RFP document.

9. I/We believe that we/our Joint Venture satisfy(s) the Threshold

Technical Capacity, Net Worth criteria and meet(s) the requirements
as specified in the RFP document.

10. I/ We declare that we/ any Member of the Joint Venture or our/Joint

54
 Venture member, are not a Member of any other Joint Venture
submitting a BID for the Project.

11. I/ We certify that in regard to matters other than security and

integrity of the country, we/ any Member of the Joint Venture or any
of our/their Joint venture member have not been convicted by a Court
of Law or indicted or adverse orders passed by a regulatory authority
which could cast a doubt on our ability to undertake the Project or
which relates to a grave offence that outrages the moral sense of the
community.

12. I/ We further certify that in regard to matters relating to security and

integrity of the country, we/ any Member of the Joint Venture or any
of our/their Joint venture memberhave not been charge-sheeted by any
agency of the Government or convicted by a Court of Law.

13. I/ We further certify that no investigation by a regulatory authority is

pending either against us/any member of Joint Venture or against
our CEO or any of our directors/ managers/ employees.

14. I/ We further certify that we are not disqualified in terms of the

additional criteria specified by the Department of Disinvestment in
their OM No. 6/4/2001-DD-II dated 13.7.01, a copy of which forms
part of the RFP at Annexure VII of Appendix-IA thereof.

15. I/ We undertake that in case due to any change in facts or

circumstances during the Bidding Process, we are attracted by the
provisions of disqualification in terms of the guidelines referred to
above, we shall intimate the Authority of the same immediately.

16. I/We further acknowledge and agree that in the event such change in
control occurs after signing of the Agreement upto its validity. It
would, notwithstanding anything to the contrary contained in the
Agreement, be deemed a breach thereof, and the Agreement shall be
liable to be terminated without the Authority being liable to us in any
manner whatsoever.

17. I/ We hereby irrevocably waive any right or remedy which we may

have at any stage at law or howsoever otherwise arising to challenge or
question any decision taken by the Authority in connection with the
selection of the Bidder, or in connection with the Bidding Process
itself, in respect of the above mentioned Project and the terms and
implementation thereof.

55
18. In the event of my/ our being declared as the Selected Bidder, I/we
agree to enter into a Agreement in accordance with the draft that has
been provided to me/us prior to the BID Due Date. We agree not to
seek any changes in the aforesaid draft and agree to abide by the same.

19. I/ We have studied all the Bidding Documents carefully and also
surveyed the [project Road and the traffic]. We understand that
except to the extent as expressly setforthin the Agreement, we shall
have no claim, right or title arising out of any documents or information
provided to us by the Authority or in respect of any matter arising
out of or relating to the Bidding Process including the award of
Agreement.

20. I/ We offer a BID Security of Rs. …………………….- (Rs. Only)to

the Authority in accordance with the RFP Document.

21. The BID Security in the form of a Bank Guarantee/FDR in favour of

Executive Engineer, P.W.D. DIVISION Ujjain is attached.

22. The documents accompanying the Technical BID, as specified in

Clause 2.11.1 of the RFP, have been submitted in separate files.

23. I/ We agree and understand that the BID is subject to the provisions of
the Bidding Documents. In no case, I/we shall have any claim or right of
whatsoever nature if the Project / Contract is not awarded to me/us or
our BID is not opened or rejected.

24. The BID Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, draft Agreement, our
ownestimates of costs and after a careful assessment of the site and
allthe conditions that may affect the project cost and implementation
of the project.

25. I/ We agree and undertake to abide by all the terms and conditions of
the RFP document.

26. {We, the Joint Venture agree and undertake to be jointly and
severally liable for.all the obligations of the EPC Contractor
under the Contract Agreement}.

27. I/ We shall keep this offer valid for 120 (one hundred and twenty) days
from the BID Due Date specified in the RFP.

28 I/ We hereby submit our BID and offer a BID Price as indicated in

Financial Bid for undertaking the aforesaid Project in accordance with
the Bidding Documents and the Agreement.

56
In witness thereof, I/we submit this BID under and in accordance with the
terms of the RFPdocument.

Yours faithfully,

Date: Signature, name and designation

Place: of the Authorised signatory)

Name & seal of Bidder/Lead Member

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not

applicable toit, and ‘Deleted’ may be indicated there

57
 APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
[The Chief Engineer of the concerned Project Zone /General Manager
(Tech.) of concerned Division Address of concerned Authority]

CHIEF ENGINEER, UJJAIN ZONE, PUBLIC WORKS

DEPARTMENT, UJJAIN. [M.P.]

P.W.D. (B&R) DIVISION UJJAIN [M.P.]

Sub: BID CONSTRUCTION OF UJJAIN-BADNAGAR 2/4 LANE

ROAD ( REMAINING PART OF (N.H.A.I.) TWO LANE ROAD )
LENGTH 22.19 KM IN DISTRICT UJJAIN ” EPC Mode under PWD
(B&R) DIVISION UJJAIN DISTRICT IN THE STATE OF MADHYAPRADESH
Dear Sir,

With reference to your RFP document dated *** **, I/we, having
examined the Bidding Documents and understood their contents, hereby
submit my/our BID for the aforesaid Project. The BID is unconditional and
unqualified.
2. I/ We acknowledge that the Authority will be relying on the information
provided in the BID and the documents accompanying the BID
for selection of the Contractor for the aforesaid Project, and we
certify that all information provided in the Bid are true and correct;
nothing has been omitted which renders such information misleading;
and all documents accompanying the BID are true copies of their
respective originals.
3. The BID Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, draft Agreement, our
ownestimates of costs and after a careful assessment of the site and
allthe conditions that may affect the project cost and implementation
of the project.
4. I/ We acknowledge the right of the Authority to reject our BID without
assigning any reason or otherwise and hereby waive, to the fullest
extent permitted byapplicable law, our right to challenge the same on
any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we
agree to enter into a Agreement in accordance with the draft that has
been provided to me/us prior to the BID Due Date. We agree not to
seek any changes in the aforesaid draft and agree to abide by the same.

58
6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days
from the BID Due Date specified in the RFP.
7. I/ We hereby submit our BID and offer a BID
PriceRs.......................................... (Rs...................................... in
words) for undertaking the aforesaid Project in accordance with
the Bidding Documents and the Agreement.

Yours faithfully,

Date: (Signature, name and designation of the

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

Note :-
It has been observed that some bidders are uploading the financial bids on MP PWD portal in
the format of Appendix-1B as scanned documents as well as filling the data separately in the prescribed
format made for submission of financial bids on MP PWD portal. Sometimes, there is a mismatch in the
financial figures in both the formats submitted by the bidder which may create legal complications at a
later date and invite arbitration/court cases. In order to avoid such type of complications, it has been
decided that Appendix-IB as part of RFP shall be treated for reference only and not to be filled by the
bidder. The financial bid shall be evaluated considering financial figures filled-in in the prescribed
format only available on https://mptenders.gov.in portal.
59
 ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if
any, in India:
(d) Date of incorporation and/ or commencement of business:
2. Brief description of the Bidder including details of its main Ines of
business and proposed role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/
communication for the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
4. Particulars of the Authorised Signatory of the Bidder:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number
5. In case of a Joint Venture:
(a) The information above (1-4) should be provided for all the Members of
the Joint Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f)
should be attachedto the Application.
(c) Information regarding the role of each Member should be provided as per
table below:
Sl. Name of Member Role* Share of work in
{Refer Clause theProject{Refer Clauses
2.1.11(d)}$ 2.1.11(a), (f) & (g)}
1.
2.
3.
* The role of each Member, as may be determined by the Applicant, should be
indicated in accordance with instruction 4 at Annex-IV. ………contd
Appendix IA
Annex-I

$
All provisions contained in curly parenthesis shall be suitably modified by the Applicant to reflect the
particulars relating to such Applicant.

60
(d) The following information shall also be provided w.r.t para 2.1.14
Foreach Member of the Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint Venture been barred by
the Ministry of Road Transport &Highwaysor its implementing
agencies for the works of Expressways, National Highways, ISC
and El works, MP PWD from participating in bidding.
2 If the answer to 1 is yes, does the bar subsist as on BID due date.

6(a) I/ We certify that in the last two years, we/ any of the JV partners have
neither failed to perform for the works of Expressways, National
Highways, ISC & EI works, MP PWD as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial pronouncement
or arbitral award against us, nor been expelled or terminated by
Ministry of Road Transport & Highways, MP Public Works
Department or its implementing agencies for breach on our part.
(b) I/ We certify that we/ any of the JV partners do not fall in any of the
categories of being a Non-Performing entity given at Clause 2.1.14 of
Instructions to Bidders in the projects of Expressways, National
Highways, ISC and EI works of Ministry of Road Transport &
Highways, MP Public Works Department or its implementing agencies
and furnished the complete details.
7(a) I/ We further certify that no investigation by a regulatory authority is
pending either against us/any member of Joint Venture or our sister
concern or against our CEO or any of our
directors/managers/employees.
(b) I/ We further certify that no investigation by any investigating agency
in India or outside is pending either against us/ any member of Joint
Venture or our sister concern or against our CEO or any of our
directors/managers/employees.

A statement by the Bidder and each of the Members of its Joint Venture
(where applicable) disclosing material non-performance or contractual
non-compliance in current projects, as on bid due date is given below
(attach extra sheets, if necessary) w.r.t. para 2.1.14.

Name of the Bidder /Member of JV: __________________________

61
Sr. Categories of Non-Performer Project 1 Project 2
No.
(i) Fails to complete or has missed more than two
milestones in already awarded two or more
projects, even after lapse of 6 months from the
scheduled completion date, unless Extension
of Time has been allowed on the
recommendations of the Independent Engineer
due to Authority's default;
(ii) Fails to complete a project, as per revised
schedule, for which One Time Fund Infusion
(OTFI) has been sanctioned by the Authority;
(iii) Physical progress on any project is not
commensurate with the funds released
(equity+ debt+grant) from the escrow account
and such variation is more than 25% in last
one year as observed by the Independent
Engineer in one or more projects;
(iv) Punch List Items in respect of any project are
pending due to Bidder's default in two or more
Projects even after lapse of the prescribed time
for completion of such items;
(v) Fails to fulfil its obligations to maintain a
highway in a satisfactory condition inspite of
two rectification notices issued in this behalf;
(vi) Fails to attend to Non Conformity Reports
(NCRs) issued by the Independent/
Authority’s Engineer on the designs/ works
constructed by the Bidder pending for more
than one year in two or more projects.
(vii) Fails to make premium payments excluding
the current instalment in one or more projects.
(viii) Damages/Penalties recommended by the
Independent/ Authority’s Engineer on the
Bidder during O&M period and the remedial

62
 works are not taken up in two or more
projects.
(ix) Fails to achieve financial closure in two or
more projects within the given or extended
period (which shall not be more than six
months in any case).
(x) Fails to submit the Performance Security
within the permissible period in more than one
project(s).
(xi) Rated as an unsatisfactory performing entity/
non-performing entity by an independent third
party agency and so notified on the website of
the Authority.

I/ We certify that the list is complete and covers all the projects of
Expressways, National Highways, ISC and EI works of Ministry of Road
Transport & Highways, MP Public Works Department or its implementing
agencies and that we/ any of the JV partners do not fall in any of the above
categories of being a Non-Performing entity.

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………………..

63
 Annex-II
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant Project Cate- Experience** (Equivalent Rs. crore)$$ Technical
type Code* gory $ Payments received for Value of self- Experience£
construction of Eligible construction in Eligible
Projects in Categories 3 Projects in Categories 1
&4 and 2
(1) (2) (3) (4) (5) (6)
Single entity A
Bidder or Lead B
Member C
including other D
members of the E
Joint Venture F
Aggregate Technical Experience =

@ Provide details of only those projects that have been undertaken by the Applicant, or
its Lead member including members in case of joint venture, under its own name
separately and/ or by a project company eligible under Clause 2.2.2.6(i)(b). In case of
Categories 1 and 2, include only those projects which have an estimated capital cost
exceeding the amount specified in Clause 2.2.2.6(i)(c) and for Categories 3 and 4,
include only those projects where the payments received exceed the amount specified in
Clause 2.2.2.6(ii). In case the Bid Due Date falls within 3 (three) months of the close of
the latest financial year, refer to Clause 2.1.13.
* Refer Annex-IV of this Appendix-I. Add more rows if necessary.
$ Refer Clause 2.2.2.5(i)

** Construction shall not include supply of goods or equipment except when such goods
or equipment form part of a turn-key construction contract/ EPC contract for the
project. In no case shall the cost of maintenance and repair, operation of Highways and
land be included while computing the Experience Score of an Eligible Project.
$$ For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees **

(**)3 to a US Dollar.
£. In the case of an Eligible Project situated in an OECD country, the Experience Score

so arrived at shall be further multiplied by 0.5, in accordance with the provisions of

Clau se 2.2.2.5(ii) and the product thereof shall be the Experience Score for such Eligible
Projects.
NOTE:In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I shall
be provided separately for other Members so as to establish that each such Member has 20
percent or more of the Threshold Technical Capacity. (Refer Clause 2.2.2.4).

3
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the Reserve
Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight) days prior to
the Application Due Date.

64
 Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore$)
Bidder type Net Cash Accruals Net Worth£
2023- 2022- 2021- 2020- 2019- Year 1
24 23 22 21 220
Single entity Bidder or Lead Member
including other members of the Joint
Venture
TOTAL

Bidder type Annual Turnover Average

2023-24 2022-23 2021-22 2020-21 2019-220 Annual
(Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation Turnover
factor factor factor factor factor (In Rs.
crore$)
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6x
7+8x9+10x11
)/5
Single entity 1.00 1.05 1.10 1.15 1.20
Bidder or
Lead
Member
including
other
members of
the Joint
Venture

Name & address of Bidder’s Bankers:

$
For conversion of other currencies into rupees, see note below Annex-II of
Appendix-I.
£
The Bidder should provide details of its own Financial Capacity.
Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements
and Annual Reports for 5 (five) years preceding the Bid Due Date. The
financial statements shall:
(a) reflect the financial situation of the Bidder;

65
 (b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).

2. Net Cash Accruals shall mean Profit After Tax + Depreciation.

3. Net Worth (the “Net worth”) shall meansthe aggregate value of the paid-
up share capital and all reserves created out of the profits and securities
premium account, after deducting the aggregate value of the accumulated
losses, deferred expenditure and miscellaneous expenditure not written
off, as per the audited balance sheet, but does not include reserves
created out of revaluation of assets, write-back of depreciation and
amalgamation.

4. Year 1 will be the latest completed financial year, preceding the bidding.
Year 2 shall be the year immediately preceding Year 1 and so on. In case
the Bid Due Date falls within 3 (three) months of the close of the latest
financial year, refer to Clause 2.1.13.

5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall
be submitted in accordance with Clause 2.1.15 (g) of the RFP document.

6. The Bidder shall also provide the name and address of the Bankers to the
Bidder.

7. The Bidder shall provide an Auditor’s Certificate specifying the net

worth of the Bidder and also specifying the methodology adopted for
calculating such net worth in accordance with Clause 2.2.2.9 (ii) of the
RFP document.

66
 Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of the
Instruction Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work executed
and certified by the Engineer-in-charge/Independent
Engineer/Authority’s Engineer, and/or
(b) revenues appropriated for self construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information provided in this
section is intended to serve as a back up for information provided in the Application.
Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for each
Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to be
provided here should indicate the break-up for the past 5 (five) financial years. Year 1
refers to the financial year immediately preceding the Bid Due Date; Year 2 refers to the
year before Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause
2.1.13). For Categories 1 and 2, expenditure on construction of the project by the
Applicant itself should be provided, but only in respect of projects having an estimated
capital cost exceeding the amount specified in Clause 2.2.2.6(i)(c). In case of Categories
3 and 4, payments received only in respect of construction should be provided, but only
if the amount received exceeds the minimum specified in Clause 2.2.2.6(ii). Receipts for
construction works should only include capital expenditure, and should not include
expenditure on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
67
 concession, etc.) may be provided. In case of projects in Categories 3 and 4, similar
particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and
2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion,
should be indicated. In case of Categories 3 and 4, date of completion of construction
should be indicated. In the case of projects under construction, the likely date of
completion or commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning
the Eligible Project, held continuously during the period for which Eligible Experience
is claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice. In
other words, no double counting in respect of the same experience shall be permitted in
any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that do not
have statutory auditors, the auditors who audit the annual accounts of the Bidder may
provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a
certificate from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d) :
Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it, this is to
certify that …………………….. (name of the Bidder) is/ was an equity shareholder in
……………….. (title of the project company) and holds/held Rs. ……… cr. (Rupees
………………………….. crore) of equity (which constitutes ……..%€ of the total paid up and
subscribed equity capital) of the project company from …………... (date) to ……………..
(date)¥The project was/is commenced on ………(date) and likely to be commissioned on
……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr. (Rupees
…………………crore), of which the applicant has itself undertaken the construction of project
of Rs. ………(Rupees ………. Crores) excluding any part of the project for which any
contractor, sub-contractor or other agent was appointed for the purpose of construction as per
Clause 2.2.2.6 (i) (d) by the aforesaid Applicant itself, during the past five financial years as per
year-wise details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorized signatory)

$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.
£
Refer Clause 2.2.2.5 of the RFP.
 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ or owned the ………….. (name of project) from
……………….. (date) to ………………… (date).”
68
14. If the Bidder is claiming experience under Category 3 & 4,as per Clauses
2.2.2.5 and 2.2.2.6(ii)of the RFP, it should provide a certificate from its
Statutory Auditor/client/Engineer-in charge/ Independent
Engineer/Authority’s Engineer in the format below:
Certificate regarding construction works
Based on its books of accounts and other published information authenticated by it, This
is to certify that ……………………..(name of the Bidder) was engaged by
………………..(title of the project company) to execute ……………… (name of
project) for …………………. (nature of project). The construction of the project
commenced on …………..(date) and the project was/ is likely to be commissioned on
…………… (date, if any). It is certified that Bidder received payments from its Clients
for Construction Works executed by themor work executed and certified by the
Engineer-in-charge/Independent Engineer/Authority’s Engineer, in the aforesaid
construction works.
We further certify that the total estimated capital cost of the project is Rs. …… cr.
(Rupees …………………crore), of which the Applicant received or has executed the
work as certified by the Engineer-in-charge/Independent Engineer/Authority’s Engineer
Rs. ……… cr. (Rupees ……………………… crore), during the past five financial years
as per year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of the
Applicant who undertook these works as a partner or a member of joint venture.
We further certify that applicant has a share of _____% in the Joint Venture/Consortium.

(Authorized Signatory)

Date:

15. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of the relevant
project in computation of Experience.


Refer Clauses 2.2.2.5 and 2.2.2.6(ii)of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company. However, in case the work of
other member(s) is also executed by the applicant, then this fact should also be certified by the Statutory Auditor
and accordingly the language may be suitably modified.

This certification shouldbe strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture. This
portion may be omitted if the contract did not involve a partnership/ joint venture. In case where work is not
executed by partnership/ joint venture, this paragraph may be deleted.

69
 Appendix -IA
Annex-V

ANNEX-V
Statement of Legal Capacity

(To be forwarded on the letterhead of the Applicant/ Lead Member of Joint

Venture)

Ref. Date:

To,
***********
***********

Dear Sir,

We hereby confirm that we/ our members in the Joint Venture (constitution of
which has been described in the application) satisfy the terms and conditions laid
out in the RFP document.

We have agreed that …………………… (insert member’s name) will act as the
Lead Member of our Joint Venture.*

We have agreed that ………………….. (insert individual’s name) will act as our
representative/ will act as the representative of the Joint Venture on its behalf*
and has been duly authorized to submit the RFP. Further, the authorised signatory
is vested with requisite powers to furnish such letter and authenticate the same.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

70
 Appendix - IA
Annexure-VI
Information required to evaluate the BID Capacity under clause 2.2.2.1:
To calculate the value of “A” and “C”
1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by the
Bidder during the last 5 years is as follows (the amount of bonus received, if any,
shall be indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net Value
No. undertaken w.r.t. EPC bonus (Rs. excluding
Projects including bonus, if in Crores) bonus (Rs. in
any (Rs. in Crores) Crores)
1 2023-2024
2 2022-2023
3 2021-2022
4 2020-2021
5 2019-2020
3. Maximum value of projects that have been undertaken during the F.Y. ________ out of
the last 5 years and value excluding amount of bonus thereof is Rs._____Crores
(Rupees__________________________). Further, value updated to the price level of
the year indicated in Appendix is as follows:

Rs. ______ Crores x _____(Updation Factor as per Appendix) = Rs. _______ Crores
(Rupees______________________________________)
4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated to
the price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount of Updation Updated Amount of
No. Year Bonus (Rs. Factor Bonus (Rs. in Crores)
in Crores)
1 2023-2024 1.00
2 2022-2023 1.05
3 2021-2022 1.10
4 2020-2021 1.15
5 2019-2020 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of Authorised
Seal of the audit firm: (Signature, name and Signatory
:designation and Membership No. of
authorised signatory) For and on behalf of ………………(Name of
Date:
Place:

71
 To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to
be completed during the next ** years is as follows:
Sl. Name Percentage of Date of Construction Value of Value of Balance Anticipated Balance value of
No. of participation start / period as per contract work value of date of work at 2020-
Project/ of Bidder in appointed Agreement/ as per completed work to be completion 21/2020 price
Work the project date of LOA Agreemen completed level
project t /LOAβ

Rs. in Rs. in Crore Rs. in Crore Rs. in Crore

Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x #)

# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 2023-2024 1.00
2 2022-2023 1.05
3 2021-2022 1.10
4 2020-2021 1.15
5 2019-2020 1.20
The Statement showing the value of all existing commitments, anticipated value of work to be
completed in the period of construction of the project for which bid is invited and ongoing
works as well as the stipulated period of completion remaining for each of the works mentioned
above is verified from the certificate issued that has been countersigned by the Client or its
Engineer-in-charge not below the rank of Executive Engineer or equivalent in respect of EPC
Projects or Concessionaire / Authorised Signatory of SPV in respect of BOT Projects. No
awarded / ongoing works has been left in the aforesaid statement which has been awarded to
M/s………………individually / and other member M/s ……………….. and M/s
………………., as on bid due date of this RFP.
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation of Name of the Statutory Auditor’s firm:
Authorised Signatory Seal of the audit firm: (Signature, name
and designation and Membership No. of
Date: authorised signatory)
For and on behalf of ………………(Name
Place:
of the Bidder)
Date:
Place:

β
In case balance period of construction is less than the value of period of construction of the project for which bid
is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of work to be
completed in the period of construction of the project for which bid is invited is to be mentioned. In the absence of
the anticipated value of work to be completed, the proportionate value shall be considered while evaluating the
Assessed Available Bid Capacity.
72
 APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)

No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
th
Dated 13 July, 2001.

OFFICE MEMORANDUM

Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public

Sector Enterprises through the process of disinvestment

Government has examined the issue of framing comprehensive and transparent

guidelines defining the criteria for Bidders interested in PSE-disinvestment so that
the parties selected through competitive bidding could inspire public confidence.
Earlier, criteria like net worth, experience etc. used to be prescribed. Based on
experience and in consultation with concerned departments, Government has
decided to prescribe the following additional criteria for the qualification/
disqualification of the parties seeking to acquire stakes in public sector enterprises
through disinvestment:

(a) In regard to matters other than the security and integrity of the
country, any conviction by a Court of Law or indictment/ adverse
order by a regulatory authority that casts a doubt on the ability of the
Bidder to manage the public sector unit when it is disinvested, or
which relates to a grave offence would constitute disqualification.
Grave offence is defined to be of such a nature that it outrages the
moral sense of the community. The decision in regard to the nature
of the offence would be taken on case to case basis after considering
the facts of the case and relevant legal principles, by the Government
of India.
(b) In regard to matters relating to the security and integrity of the
country, any charge-sheet by an agency of the Government/
conviction by a Court of Law for an offence committed by the
bidding party or by any sister concern of the bidding party would
result in disqualification. The decision in regard to the relationship
73
 between the sister concerns would be taken, based on the relevant
facts and after examining whether the two concerns are substantially
controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.
(d) Any entity, which is disqualified from participating in the
disinvestment process, would not be allowed to remain associated
with it or get associated merely because it has preferred an appeal
against the order based on which it has been disqualified. The mere
pendency of appeal will have no effect on the disqualification.
(e) The disqualification criteria would come into effect immediately and
would apply to all Bidders for various disinvestment transactions,
which have not been completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should
not be disqualified would be issued to it and it would be given an
opportunity to explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements
seeking Expression of Interest (EOI) from the interested parties. The
interested parties would be required to provide the information on the
above criteria, along with their Expressions of Interest (EOI). The
Bidders shall be required to provide with their EOI an undertaking to
the effect that no investigation by a regulatory authority is pending
against them. In case any investigation is pending against the concern
or its sister concern or against its CEO or any of its Directors/
Managers/ employees, full details of such investigation including the
name of the investigating agency, the charge/ offence for which the
investigation has been launched, name and designation of persons
against whom the investigation has been launched and other relevant
information should be disclosed, to the satisfaction of the
Government. For other criteria also, a similar undertaking shall be
obtained along with EOI.

sd/-
(A.K. Tewari)
Under Secretary to the Government of India

74
 Appendix - IA
Annexure-VIII
Details of ongoing works (Ref Clause 10.3 (iv) of Draft EPC Agreement)

S. Name of the Contract Price Appointed Original Likely Date of Reason for
No. work (INR Cr) Date Scheduled Completion Delay#
Completion
Date
1
2
3
…

(In the event that the Bidder had failed to achieve the Completion of any project
within a period of 90 (ninety) days from the Schedule Completion Date of the
project, unless such failure had occurred due to Force Majeure or for reasons
solely attributable to the Authority, the Bidder shall be deemed to be ineligible for
bidding this project (under bidding), both as the sole party or as one of the parties
of Joint Venture/ Consortium, if any, during the period from Scheduled
Completion Date to issuance of Completion Certificate for that project. This
restriction is applicable if the contract value of the delayed project was not less
than Rs. 300 Crore.)
#
To be supported with valid certificate issued from Independent Engineer /
Authority’s Engineer / Supervision Consultant / Engineer-in-charge

I / We certify that all the information furnished above is true in all respects.

…………………………………………… Name of the Bidder

Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

Date: __________________

Place: __________________

75
 APPENDIX – II

Bank Guarantee for BID Security

(Refer Clauses 2.20)

B.G. No. Dated:

1. In consideration of you, ****, having its office at ****, (hereinafter

referred to as the “Authority”, which expression shall unless it be repugnant
to the subject or context thereof include its, successors and assigns) having
agreed to receive the BID of …………………… and having its registered
office at ……………………… (and acting on behalf of its JV) (hereinafter
referred to as the “Bidder” which expression shall unless it be repugnant to
the subject or context thereof include its/their executors, administrators,
successors and assigns), for the*** ** Project on EPC basis (hereinafter
referred to as “the Project”) pursuant to the RFP Document dated
…………… issued in respect of the Project and other related documents
including without limitation the draft contract Agreement (hereinafter
collectively referred to as “Bidding Documents”), we (Name of the Bank)
having our registered office at ………………… and one of its branches at
…………………….. (hereinafter referred to as the “Bank”), at the request
of the Bidder, do hereby in terms of Clause 1.2.4 read with Clause 2.20 of
the RFP Document, irrevocably, unconditionally and without reservation
guarantee the due and faithful fulfilment and compliance of the terms and
conditions of the Bidding Documents (including the RFP Document) by the
said Bidder and unconditionally and irrevocably undertake to pay forthwith
to the Authority an amount of Rs. *** ** (Rupees *** ** only) (hereinafter
referred to as the “Guarantee”) as our primary obligation without any
demur, reservation, recourse, contest or protest and without reference to the
Bidder if the Bidder shall fail to fulfil or comply with all or any of the terms
and conditions contained in the said Bidding Documents.
2. Any such written demand made by the Authority stating that the Bidder is
in default of the due and faithful fulfilment and compliance with the terms
and conditions contained in the Bidding Documents shall be final,
conclusive and binding on the Bank.

76
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due
and payable under this Guarantee without any demur, reservation, recourse,
contest or protest and without any reference to the Bidder or any other
person and irrespective of whether the claim of the Authority is disputed by
the Bidder or not, merely on the first demand from the Authority stating
that the amount claimed is due to the Authority by reason of failure of the
Bidder to fulfil and comply with the terms and conditions contained in the
Bidding Documents including failure of the said Bidder to keep its BID
open during the BID validity period as set forth in the said Bidding
Documents for any reason whatsoever. Any such demand made on the
Bank shall be conclusive as regards amount due and payable by the Bank
under this Guarantee. However, our liability under this Guarantee shall be
restricted to an amount not exceeding Rs. *** **(Rupees *** ** only).
4. This Guarantee shall be irrevocable and remain in full force for a period of
180 (one hundred and eighty) days from the BID Due Date inclusive of a
claim period of 60 (sixty) days or for such extended period as may be
mutually agreed between the Authority and the Bidder, and agreed to by the
Bank, and shall continue to be enforceable till all amounts under this
Guarantee have been paid.
5. We, the Bank, further agree that the Authority shall be the sole judge to
decide as to whether the Bidder is in default of due and faithful fulfilment
and compliance with the terms and conditions contained in the Bidding
Documents including, inter alia, the failure of the Bidder to keep its BID
open during the BID validity period set forth in the said Bidding
Documents, and the decision of the Authority that the Bidder is in default
as aforesaid shall be final and binding on us, notwithstanding any
differences between the Authority and the Bidder or any dispute pending
before any Court, Tribunal, Arbitrator or any other Authority..
6. The Guarantee shall not be affected by any change in the constitution or
winding up of the Bidder or the Bank or any absorption, merger or
amalgamation of the Bidder or the Bank with any other person.
7. In order to give full effect to this Guarantee, the Authority shall be entitled
to treat the Bank as the principal debtor. The Authority shall have the
fullest liberty without affecting in any way the liability of the Bank under
this Guarantee from time to time to vary any of the terms and conditions
contained in the said Bidding Documents or to extend time for submission
77
 of the BIDs or the BID validity period or the period for conveying
acceptance of Letter of Award by the Bidder or the period for fulfilment
and compliance with all or any of the terms and conditions contained in the
said Bidding Documents by the said Bidder or to postpone for any time and
from time to time any of the powers exercisable by it against the said
Bidder and either to enforce or forbear from enforcing any of the terms and
conditions contained in the said Bidding Documents or the securities
available to the Authority, and the Bank shall not be released from its
liability under these presents by any exercise by the Authority of the liberty
with reference to the matters aforesaid or by reason of time being given to
the said Bidder or any other forbearance, act or omission on the part of the
Authority or any indulgence by the Authority to the said Bidder or by any
change in the constitution of the Authority or its absorption, merger or
amalgamation with any other person or any other matter or thing
whatsoever which under the law relating to sureties would but for this
provision have the effect of releasing the Bank from its such liability.
8. Any notice by way of request, demand or otherwise hereunder shall be
sufficiently given or made if addressed to the Bank and sent by courier or
by registered mail to the Bank at the address set forth herein.
9. We undertake to make the payment on receipt of your notice of claim on us
addressed to [name of Bank along with branch address] and delivered at our
above branch which shall be deemed to have been duly authorised to
receive the said notice of claim.
10. It shall not be necessary for the Authority to proceed against the said
Bidder before proceeding against the Bank and the guarantee herein
contained shall be enforceable against the Bank, notwithstanding any other
security which the Authority may have obtained from the said Bidder or
any other person and which shall, at the time when proceedings are taken
against the Bank hereunder, be outstanding or unrealised.
11. We, the Bank, further undertake not to revoke this Guarantee during its
currency except with the previous express consent of the Authority in
writing.
12. The Bank declares that it has power to issue this Guarantee and discharge
the obligations contemplated herein, the undersigned is duly authorised and
has full power to execute this Guarantee for and on behalf of the Bank.

78
13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall
be restricted to Rs. *** crore (Rupees *** ** crore only). The Bank shall
be liable to pay the said amount or any part thereof only if the Authority
serves a written claim on the Bank in accordance with paragraph 9 hereof,
on or before [*** (indicate date falling 180 days after the BID Due Date)].
14. This guarantee shall also be operatable at our……………….. Branch at
Ujjain, from whom, confirmation regarding the issue of this guarantee or
extension / renewal thereof shall be made available on demand. In the
contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make
payment of amounts so demanded under the said invocation.
15. The guarantor/bank hereby confirms that it is on the SFMS (Structural
Finance Messaging System) platform & shall invariably send an advice of
this Bank Guarantee through demand draft to the name of EE PWD B/R
Division Ujjain.

Signed and Delivered by ………………………. Bank

By the hand of Mr./Ms …………………….., its ………………….. and authorised official.

(Signature of the Authorised Signatory)

(Official-Seal)

79
 APPENDIX-III
Format for Power of Attorney for signing of BID
(Refer Clause 2.1.5)
Know all men by these presents, We…………………………………………….. (name of the
firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint
and authorize Mr./ Ms (name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently
employed with us/ the Lead Member of our Joint Venture and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our BID for the Project
proposed or being developed by the National Highways Authority of India (the “Authority”)
including but not limited to signing and submission of all applications, BIDs and other
documents and writings, participate in Pre-BID and other conferences and providing
information/ responses to the Authority, representing us in all matters before the Authority,
signing and execution of all contracts including the agreement and undertakings consequent to
acceptance of our BID, and generally dealing with the Authority in all matters in connection
with or relating to or arising out of our BID for the said Project and/ or upon award thereof to us
and/or until the entering into of the EPC Contract with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us.

IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For …………………………..
(Signature, name, designation and address)
of person authorized by Board Resolution
(in case of Firm/ Company)/ partner in case of
Witnesses: Partnership firm
1.
2.
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney) (Notarised)
Person identified by me/ personally appeared before me/
Attested/ Authenticated*
(*Notary to specify as applicable)
(Signature Name and Address of the Notary)

Seal of the Notary

Registration No. of the Notary
Date:………………

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.
 Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders’ resolution/
power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also
have to be 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 Appostille certificate.

81
 APPENDIX-IV
Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

Whereas the GOVT of Madhya Pradesh (“the Authority”) has invited BIDs
for the Sub: BID for CONSTRUCTION OF UJJAIN-BADNAGAR 2/4
LANE ROAD ( REMAINING PART OF (N.H.A.I.) TWO LANE ROAD )
LENGTH 22.19 KM IN DISTRICT UJJAIN ” EPC Mode under PWD (B&R)
DIVISION UJJAIN DISTRICT IN THE STATE OF MADHYAPRADESH.
Whereas, …………………….., …………………….., and ……………………..
(collectively the “Joint Venture”) being Members of the Joint Venture are
interested in bidding for the Project in accordance with the terms and conditions
of the Request for Proposal (RFP) and other BID documents including agreement
in respect of the Project, and

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

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …… having our registered office at ……., M/s. ….. having our registered office at
…, M/s. … having our registered office at ….., and ….. having our registered office at
………, (hereinafter collectively referred to as the “Principals”) do hereby irrevocably
designate, nominate, constitute, appoint and authorize M/S ……. having its registered
office at ………., being one of the Members of the Joint Venture, as the Lead Member
and true and lawful attorney of the Joint Venture (hereinafter referred to as the
“Attorney”). We hereby irrevocably authorize the Attorney (with power to sub-delegate)
to conduct all business for and on behalf of the Joint Venture and any one of us during
the bidding process and, in the event the Joint Venture is awarded the contract, during
the execution of the Project and in this regard, to do on our behalf and on behalf of the
Joint Venture, all or any of such acts, deeds or things as are necessary or required or
incidental to the pre-qualification of the Joint Venture and submission of its BID for the
Project, including but not limited to signing and submission of all applications, BIDs
and other documents and writings, participate in pre BID and other conferences, respond
to queries, submit information/ documents, sign and execute contracts and undertakings
consequent toacceptance of the BID of the Joint Venture and generally to represent the
Joint Venture in all its dealings with the Authority, and/ or any other Government
Agency or any person, in all matters in connection with or relating to or arising out of
the Joint Venture’s BID for the in all respect Project and/ or upon award thereof till the
EPC Contract is entered into with the Authority & Compelled.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise of
the powers conferred by this Power of Attorney and that all acts, deeds and things done
82
 by our said Attorney in exercise of the powers hereby conferred shall and shall always
be deemed to have been done by us/ Joint Venture.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS …………………. DAY
OF ………. 2..…
For …………………….. For …………………….. For ……………………..
(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)

(Executants)

(To be executed by all the Members of the Joint Venture)

Witnesses:
1.
2.

Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of
the executants (s) and when it is so required, the same should be under common
seal affixed in accordance with the required procedure.
 Also, wherever required, the Bidder should submit for verification the extract of
the charter documents and documents such as a board or shareholders’
resolution/ power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also
have to be 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 theHague Legislation
Convention 1961 are not required to be legalized by the Indian Embassy if it
carries a conforming Appostillecertificate.

83
 APPENDIX V

Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)

(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) Chief Engineer, MP PWD Ujjain Zone Ujjian (hereinafter referred to as the
“Authority” which expression shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and assigns) has
invited bids (the Bids”) by its Request for Proposal No. ………… dated
…………(the “RFP”) for award of contract for rehabilitation and
augmentation of***** Project (the “Project”) through an EPC Contract.

84
(B) The Parties are interested in jointly bidding for the Project as members of a
Joint Venture and in accordance with the terms and conditions of the RFP
document and other bid documents in respect of the Project, and

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

NOW IT IS HEREBY AGREEDas follows:

1. Definitions and Interpretations

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

2. Joint Venture

2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint
Venture”) for the purposes of jointly participating in the Bidding Process
for the Project.

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

3. Covenants

The Parties hereby undertake that in the event the Joint Venture is declared
the selected Bidder and awarded the Project, it shall enter into an EPC
Contract with the Authority for performing all its obligations as the
Contractor in terms of the EPC Contract for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as

described below:

(a) Party of the First Part shall be the Lead member of the Joint Venture and
shall have the power of attorney from all Parties for conducting all business
for and on behalf of the Joint Venture during the Bidding Process and for
performing all its obligations as the Contractor in terms of the EPC
Contract for the Project;

85
(b) Party of the Second Part shall be {the Member of the Joint Venture; and}

(c) Party of the Third Part shall be {the Member of the Joint Venture.}

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms of the
RFP and the EPC Contract, till such time as the completion of the Project is achieved
under and in accordance with the EPC Contract.

6. Share of work in the Project

The Parties agree that the proportion of construction in the EPC Contract to
be allocated among the members shall be as follows:

First Party:
Second Party:
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 51
(fifty one) per cent of the total length of the project highway/ Bridge
worksif the Contract is allocated to the Joint Venture.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement
that:

(a) Such Party is duly 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 favour
of the person executing this Agreement for the delegation of power
and authority to execute this Agreement on behalf of the Joint
Venture Member is annexed to this Agreement, and will not, to the
best of its knowledge:

(i) require any consent or approval not already obtained;

86
 (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, judgment, 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 adverse effect
on the financial condition or prospects or business of such Party in
the fulfillment of its obligations under this Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue
in full force and effect until Project completion (the “Defects Liability
Period”) is achieved under and in accordance with the EPC Contract, in
case the Project is awarded to the Joint Venture. However, in case the Joint
Venture is either not pre-qualified for the Project or does not get selected
for award of the Project, the Agreement will stand terminated in case the
Applicant is not pre-qualified or upon return of the Bid Security by the
Authority to the Bidder, as the case may be.

87
9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of

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

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE

EXECUTED AND DELIVERED THIS AGREEMENT AS OF THE DATE
FIRST ABOVE WRITTEN.SIGNED, SEALED AND DELIVERED
For and on behalf
of
LEAD MEMBER by: SECOND PART THIRD PART
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of:

Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in
accordance with the procedure, if any, laid down by the Applicable Law
and the charter documents of the executants (s) and when it is so required,
the same should be under common seal affixed in accordance with the
required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the
charter documents and documents such as resolution / power of attorney in
favour of the person executing this Agreement for the delegation of power
and authority to execute this Agreement on behalf of the Joint Venture
Member.
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.

88
 APPENDIX VI

INTEGRITY PACT FORMAT

(To be executed on plain paper and submitted alongwith Technical Bid/Tender

documents for tenders having a value ofRs. 5 cr or above for Consultancy
projects and 100 cr. or above for Construction projects. To be signed by the
Bidder and same signatory competent/ authorized to sign the relevant contract on
behalf of the MP.PWD)

This integrity Pact is made at _____ on this _________day of ________2022.

BETWEEN
[The Governor of Madhya Pradesh represented by Chief Engineer, PWD Ujjain
Zone Ujjain M.P.(hereinafter referred to as the “Principal/Owner” which
expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns)
AND
{Name and address of the Firm/Company}, (hereinafter referred to as “The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression
shall unless repugnant to be meaning or context thereof include its successors and
permitted assigns.)

Preamble

Whereas, the Principal has floated the Tender {NIT

No……….dtd…………………..} (hereinafter referred to as “Tender/Bid”) and
intends to award, under laid down organizational procedure, contract/s for {Name
of the work}(hereinafter referred to as the “Contract”).
And Whereas the Principal values full compliance with all relevant laws of the
land, rules of land, regulations, economic use of resources and of fairness/
transparency in its relations with its Bidder(s) and/ or
Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter
into this Integrity Pact (hereafter referred to as “Integrity Pact” or “Pact”) the
terms and conditions of which shall also be read as integral part and parcel of the
Tender documents and contract between the parties.
Now, therefore, in consideration of mutual covenants contained in this pact, the
parties hereby agree as follows and this pact witnesses as under:

89
Article-1:Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:-
(a) No employee of the Principal, personally or through family
members, will in connection with the Tender for, or the execution of
a Contract, demand, take a promise for or accept, for self, or third
person, any material of immaterial benefit which the person is not
legally entitled to.
(b) The Principal will, during the Tender process treat all Bidder(s) with
equity and reason. The Principal will in particular, before and during
the Tender process, provide to all Bidder(s) the same information and
will not provide to any Bidder(s) confidential/ additional information
through which the Bidder(s) could obtain an advantage in relation to
the tender process or the contract execution.
(c) The Principal will exclude all known prejudiced persons from the
process, whose conduct in the past has been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees
which is a criminal offence under the IPC/PC Act or any other Statutory
Acts or if there be a substantive suspicion in this regard, the Principal will
inform the Chief Vigilance Officer and in addition can initiate disciplinary
actions as per its internal laid down Rules/Regulations.

Article – 2: Commitments of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/

Consultant(s).

The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit

himself to take all measures necessary to prevent corruption. He commits
himself to observe the following principles during his participation in the
tender process and during the contract execution.

(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not,

directly or through any other person or firm, offer, promise or give to any
of the Principal’s employees involved in the tender process or the execution
of the contract or to any third person any material or other benefit which
he/she is not legally entitled to, in order to obtain in exchange any
advantage of any kind whatsoever during the tender process or during the
execution of the contract.

90
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not
enter with other Bidders into any undisclosed agreement or understanding,
whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contract, submission or
nonsubmission or bids or any other actions to restrict competitiveness or to
introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not
commit any offence under the relevant IPC/PC Act and other Statutory
Acts; further the Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)
will not use improperly, for purposes of completion or personal gain, or
pass on to others, any information or document provided by the Principal as
part of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted
electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign
origin shall disclose the name and address of the Agents/ Representatives in
India, if any. Similarly, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) of Indian Nationality shall furnish the name and address of
the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when
presenting his bid, disclose any and all payments he has made, is committed
to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract. He shall also disclose the details
of services agreed upon for such payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not
instigate third persons to commit offences outlined above or be an
accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not
bring any outside influence through any Govt. bodies/quarters directly or
indirectly on the bidding process in furtherance of his bid.

Article - 3 Disqualification from tender process and exclusion from future

contracts.
(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), before
award or during execution has committed a transgression through a
violation of any provision of Article-2, above or in any other form such as
to put his reliability or credibility in question, the Principal is entitled to
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 disqualify the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)
from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)has
committed a transgression through a violation of Article-2 such as to put his
reliability or credibility into question, the Principal shall be entitled to
exclude including blacklist and put on holiday the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s)for any future tenders/ contract award
process. The imposition and duration of the exclusion will be determined
by the severity of the transgression. The severity will be determined by the
Principal taking into consideration the full facts and circumstances of each
case particularly taking into account the number of transgressions, the
position of the transgressors within the company hierarchy of the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) and the amount of the
damage. The exclusion will be imposed for a maximum of 3 years.
(3) A transgression is considered to have occurred if the Principal after due
consideration of the available evidence concludes that “On the basis of
facts available there are no material doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)with its free
consent and without any influence agrees and undertakes to respect and
uphold the Principal’s absolute rights to resort to and impose such
exclusion and further accepts and undertakes not to challenge or question
such exclusion on any ground, including the lack of any hearing before the
decision to resort to such exclusion is taken. This undertaking is given
freely and after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of
this Integrity Pact has been committed by the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s)shall be final and binding on the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s), however, the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) can approach IEM(s)
appointed for the purpose of this Pact.
(6) On occurrence of any sanctions/ disqualification etc arising out from
violation of integrity pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s)shall not be entitled for any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) could be revoked by the
Principal if the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
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 Consultant(s)can prove that he has restored/ recouped the damage caused
by him and has installed a suitable corruption prevention system in his
organization.

Article – 4: Compensation for Damages.

(1) If the Principal has disqualified the Bidder(s) from the tender process prior
to the award according to Arcticle-3, the Principal shall be entitled to forfeit
the Earnest Money Deposit/ Bid Security or demand and recover the
damages equivalent to Earnest Money Deposit/ Bid Security apart from any
other legal right that may have accrued to the Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to the
relevant provisions of the contract related to Termination of Contract due to
Contractor/ Concessionaire/Consultant’s Default. In such case, the
Principal shall be entitled to forfeit the Performance Bank Guarantee of the
Contractor/ Concessionaire/ Consultant and/ or demand and recover
liquidated and all damages as per the provisions of the contract/concession
agreement against Termination.

Article – 5: Previous Transgressions

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

Article – 6: Equal treatment of all Bidders/ Contractors/ Concessionaires/

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

Article – 7: Criminal charges against violating Bidder(s)/ Contractor(s)/

Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/
Concessionaire/ Consultant or subcontractor, or of an employee or a
representative or an associate of a Bidder/ Contractor/ Concessionaire/
Consultant or Subcontractor, which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform
the same to the Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed an Engineer as Independent External Monitor
(herein after referred to as “Monitor”) for this Pact. The task of the Monitor
is to review independently and objectively, whether and to what extent the
parties comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the
parties and performs his functions neutrally and independently. He reports
to the Director General (Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that
the Monitor has the right to access without restriction to all project
documentation of the Principal including that provided by the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s). The Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s)will also grant the Monitor,
upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable
to Subcontractors. The Monitor is under contractual obligation to treat the
information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s)
with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings
could have an impact on the contractual relations between the Principal and
the Contractor. The parties offer to the Monitor the option to participate in
such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this
Pact, he will so inform the Management of the Principal and request the
Management to discontinue or take corrective action, or to take other

94
 relevant action. The monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from
the parties that they act in a specific manner, refrain from action or tolerate
action.
(6) The Monitor will submit a written report to the Director General (Road
Development) & Special Secretary within 8 to 10 weeks from the date of
reference or intimation to him by the Principal and, should the occasion
arise, submit proposals for correcting problematic situations.
(7) If the Monitor has reported to the Director General (Road Development) &
Special Secretary, a substantiated suspicion of an offence under relevant
IPC/PC Act, and the Director General (Road Development) & Special
Secretary has not, within the reasonable time taken visible action to proceed
against such offence or reported it to the Chief Vigilance Officer, the
Monitor may also transmit this information directly to the Central Vigilance
Commissioner.
(8) The word 'Monitor' would include both singular and plural.

Article – 9 Pact Duration

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

Article - 10 Other Provisions.

(1) This pact is subject to Indian Law. Place of performance and jurisdiction is
the Registered Office of the Principal, i.e. MP PWD UJJAIN.
(2) Changes and supplements as well as termination notices need to be made in
writing.

95
(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a
consortium Joint Venture partner, this pact must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid,
the remainder of this agreement remains valid. In this case, the parties will
strive to come to an agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to term of
this pact, any action taken by the Principal in accordance with this Pact or
interpretation thereof shall not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any
other legal action that may follow in accordance with the provision of the
extent law in force relating to any civil or criminal proceedings.

In witness whereof the parties have signed and executed this Pact at the place
and date first done mentioned in the presence of following witness:-

(For & On behalf of the Principal) (For & On behalf of the Bidder/ Contractor/
Concessionaire/ Consultant )

(Office Seal )

Place________

Date_________

Witness 1 : (Name & Address):

Witness 2 : (Name & Address):

{COUNTERSIGNED and accepted by:

JV Partner}

96
 Appendix-VII
(See Clauses 2.21)

FORM OF BANK GUARANTEE

[Performance Security/Additional Performance Security]
To
_____________________________________ [name of Authority]

_____________________________________ [address of Authority]

WHEREAS________________________________________[name and address

of Contractor]

(hereafter called the “Contractor”) has undertaken, in pursuance of Letter of

Acceptance (LOA) No. _______________Dated_____________ for construction
of ________________________________[name of the Project] (hereinafter
called the “Contract”).

AND WHEREAS the Contract requires the Contractor to furnish an{Performance

Security/ Additional Performance Security} for due and faithful performance of
its obligations, under and in accordance with the Contract, during the
{Construction Period/ Defects Liability Period and Maintenance Period} in a sum
of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee Amount”4).
AND WHEREAS we, …………………..through our branch at ………………….
(the “Bank”) have agreed to furnish this Bank Guarantee (hereinafter called the
“Guarantee”) by way of Performance Security.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably,

guarantees and affirms as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and
faithful performance of the Contractor’s obligations during the
{Construction Period/ Defects Liability Period and Maintenance Period}
under and in accordance with the Contract, and agrees and undertakes to
pay to the Authority, upon its mere first written demand, and without any
demur, reservation, recourse, contest or protest, and without any reference

4
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.
97
 to the Contractor, such sum or sums up to an aggregate sum of the
Guarantee Amount as the Authority shall claim, without the Authority
being required to prove or to show grounds or reasons for its demand
and/or for the sum specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank
of [Superintending Engineer of Ministry of Road Transport & Highways/
Chief Engineer MP PWD], that the Contractor has committed default in the
due and faithful performance of all or any of its obligations under and in
accordance with the Contract shall be conclusive, final and binding on the
Bank. The Bank further agrees that the Authority shall be the sole judge as
to whether the Contractor is in default in due and faithful performance of its
obligations during and under the Contract and its decision that the
Contractor is in default shall be final and binding on the Bank,
notwithstanding any differences between the Authority and the Contractor,
or any dispute between them pending before any court, tribunal, arbitrators
or any other authority or body, or by the discharge of the Contractor for any
reason whatsoever.

3. In order to give effect to this Guarantee, the Authority shall be entitled to

act as if the Bank were the principal debtor and any change in the
constitution of the Contractor and/or the Bank, whether by their absorption
with any other body or corporation or otherwise, shall not in any way or
manner affect the liability or obligation of the Bank under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the
Authority to proceed against the Contractor before presenting to the Bank
its demand under this Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the
liability of the Bank under this Guarantee, to vary at any time, the terms
and conditions of the Contract or to extend the time or period for the
compliance with, fulfillment and/ or performance of all or any of the
obligations of the Contractor contained in the Contract or to postpone for
any time, and from time to time, any of the rights and powers exercisable
by the Authority against the Contractor, and either to enforce or forbear
from enforcing any of the terms and conditions contained in the Contract
and/or the securities available to the Authority, and the Bank shall not be
released from its liability and obligation under these presents by any
exercise by the Authority of the liberty with reference to the matters
aforesaid or by reason of time being given to the Contractor or any other
forbearance, indulgence, act or omission on the part of the Authority or of

98
 any other matter or thing whatsoever which under any law relating to
sureties and guarantors would but for this provision have the effect of
releasing the Bank from its liability and obligation under this Guarantee
and the Bank hereby waives all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other

guarantee or security now or which may hereafter be held by the Authority
in respect of or relating to the Contract or for the fulfillment, compliance
and/or performance of all or any of the obligations of the Contractor under
the Contract.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank

under this Guarantee is restricted to the Guarantee Amount and this
Guarantee will remain in force for the period specified in paragraph 8
below and unless a demand or claim in writing is made by the Authority on
the Bank under this Guarantee all rights of the Authority under this
Guarantee shall be forfeited and the Bank shall be relieved from its
liabilities hereunder.

8. The Guarantee shall cease to be in force and effect on ****$. Unless a

demand or claim under this Guarantee is made in writing before expiry of
the Guarantee, the Bank shall be discharged from its liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency,
except with the previous express consent of the Authority in writing, and
declares and warrants that it has the power to issue this Guarantee and the
undersigned has full powers to do so on behalf of the Bank.

10. Any notice by way of request, demand or otherwise hereunder may be sent
by post addressed to the Bank at its above referred branch, which shall be
deemed to have been duly authorized to receive such notice and to effect
payment thereof forthwith, and if sent by post it shall be deemed to have
been given at the time when it ought to have been delivered in due course
of post and in proving such notice, when given by post, it shall be sufficient
to prove that the envelope containing the notice was posted and a certificate
signed by an officer of the Authority that the envelope was so posted shall
be conclusive.

$
Insert date atleast 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause 2.21 of the
RFP). The Contractors can submit the BG for periods of two years at one time and keep on renewing the same till the DLP
is over if they have problems in getting the BG in one go for the entire DLP.

99
11. This Guarantee shall come into force with immediate effect and shall
remain in force and effect for up to the date specified in paragraph 8 above
or until it is released earlier by the Authority pursuant to the provisions of
the Contract.

12. This Guarantee is subject to the Uniform Rules for Demand Guarantees
(URDG) 2010 Revision, ICC Publication No. 758, except that the
supporting statement under Article 15(a) is hereby excluded.

Signed and sealed this ………. day of ……….., 20……… at ………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

100
 Appendix-VIII
(See Clauses 3.3.4)
Format of LOA
No.________________________
Government of Madhya Pradesh
PWD Works Department, Bhopal
(____________ Section)
Madhya Pradesh
Dated,
To,
{Name of selected Bidder}
Subject: CONSTRUCTION OF UJJAIN-BADNAGAR 2/4 LANE ROAD (
REMAINING PART OF (N.H.A.I.) TWO LANE ROAD ) LENGTH 22.19
KM IN DISTRICT UJJAIN ” EPC Mode under PWD (B&R) DIVISION UJJAIN
DISTRICT IN THE STATE OF MADHYAPRADESH Letter of Acceptance (LOA)-Reg.
Reference: Your bid for the subject work dated ……………..
Sir,
This is to notify you that your Bid dated ………… for execution of the {project
description}, at your quoted bid price amounting to Rs. ……………./- {amount in words} has
been determined to be the lowest evaluated bid and is substantially responsive and has
been accepted.

11. You are requested to return a duplicate of the LOA as an acknowledgement and sign the
Contract Agreement within the period prescribedin Clause 1.3 of the RFP.
12. You are also requested to furnish Performance Security for an amount of ………………….
{and Additional Performance Security for an amount of ……………………….} as per
Clause 2.21 of the RFP within 30 (thirty) days of receipt of this Letter of Acceptance
(LOA). In case of delay in submission of Performance Security and Additional
Performance Security, if any, you may seek extension of time for a period not exceeding 60
(Sixty) days in accordance with Clause 2.21 of RFP.
13. In case of failure of submission of Performance Security, Additional Performance Security
(if any) and Security against Damages (if any) within the additional 60 (Sixty) days time
period, the award shall be deemed to be cancelled and Bid security shall be enchased by the
Authority as per Clause 2.21 of the RFP.
“Accepted by Yours faithfully,

(Name of the Authorized person) {authorized signatory}

(Name of the sole bidder/lead partner of JV)
Seal of the bidder”

101