RequestForProposal

Upgradation and Construction work for Kekri to Deoli

Section on SH-26 from 2 lane to 4 lane from existing
chainage 49/200 (As per existing Km stone of SH-26) to
terminating point of NH-52 at Km 146+330 in the State of
Rajasthan on Engineering Procurement and Construction
(EPC) (Total Design length – 53+100 Km)

on

Engineering, Procurement &Construction

(EPC) Mode

Rajasthan State Road Development & Construction

Corporation Ltd., Jaipur
(RSRDC)

October-2025
 TABLEOF CONTENTS

Contents
DISCLAIMER .....................................................................................................................................3
GLOSSARY ........................................................................................................................................6
SECTION 1 INTRODUCTION ...........................................................................................................7
SECTION-2 INSTRUCTIONSTOBIDDERS ...................................................................................11
A. GENERAL .....................................................................................................................11
B. DOCUMENTS ...............................................................................................................28
C. PREPARATIONANDSUBMISSIONOFBIDS ..............................................................29
D. BIDSECURITY..............................................................................................................34
SECTION-3 EVALUATION OF TECHNICAL BIDS AND OPENING &EVALUATION OF
FINANCLIAL BIDS ...........................................................................................................................36
SECTION-4 FRAUD AND CORRUPT PRACTICES........................................................................39
FRAUD AND CORRUPT PRACTICES ............................................................................................39
SECTION-5 PRE-BID CONFERENCE .............................................................................................40
SECTION-6 MISCELLANEOUS ......................................................................................................40
APPENDIX-IA LATTER COMPRISING THE TECHNICAL BID ..................................................41
APPENDIX–IB LATTER COMPRISINGTHE FINANCIAL BID ...................................................45
ANNEX-I DETAILS OF BIDDER ..................................................................................................46
ANNEX- IITECHNICALCAPACITYOFTHEBIDDER ...................................................................50
ANNEX-III FINANCIALCAPACITY OFTHEBIDDER ..................................................................52
ANNEX- IVDETAILSOFELIGIBLEPROJECTS..............................................................................54
ANNEX- VSTATEMENTOFLEGALCAPACITY ..............................................................................54
ANNEX-
VIINFORMATIONREQUIREDTOEVALUATETHEBIDCAPACITYUNDERCLAUSE2.2.2.1 ......548
ANNEX- VIIGUIDELINESOFTHEDEPARTMENTOFDISINVESTMENT .......................................60
ANNEX- VIIIDETAILSOFONGOINGWORKS .................................................................................62
APPENDIX – IIBANK GUARANTEE FOR BID SECURITY ............................................................................ 63
APPENDIX – IIIFORMATFORPOWEROFATTORNEYFORSIGNINGOFBID........................................ 66
APPENDIX – IVFORMATFORPOWEROFATTORNEYFORLEADMEMBEROFJOINTVENTURE ... 68
APPENDIX –VFORMATFORJOINTBIDDINGAGREEMENTFORJOINTVENTURE ............................ 70
APPENDIX – VI INTEGRITY PACT FORMAT............................................................................................ 75
APPENDIX – VII FORM OF BANK GUAEANTEE ..................................................................................... 81
APPENDIX – VII FORMAT OFLOA............................................................................................................... 84
3
4
 DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”) or subsequently
providedtoBidder(s),whether verballyorin documentaryor 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
[Link] parties with
information that may be useful to them in making their financial offers (BIDs)
[Link],whichreflectvariousassumptions and assessments
arrived at by the Authority in relation to the Project. Such assumptions,
[Link]
FPmaynotbeappropriateforallpersons,anditisnotpossiblefor
theAuthority,itsemployeesoradvisorstoconsidertheinvestmentobjectives,financial situation and
particular needs of each party who reads or uses this RFP. The assumptions,
assessments,statementsandinformationcontainedintheBiddingDocuments,especially
the[FeasibilityReport],maynotbecomplete,accurate,[Link]
should,therefore,conductitsowninvestigationsandanalysisandshouldcheckthe
accuracy,adequacy,correctness,reliabilityandcompletenessoftheassumptions,
assessments,statementsandinformationcontainedinthisRFPandobtainindependent 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,costorexpensewhichmayarisefromorbeincurredorsufferedonaccountof anything
contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completenessorreliability of the RFP and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFP orarisingin anywayforparticipation inthis
BID Stage.
TheAuthorityalsoacceptsnoliabilityofanynaturewhetherresultingfromnegligenceorotherwise
howsoevercausedarisingfromrelianceofanyBidderuponthestatementscontainedinthis
[Link], butwithoutbeingunder anyobligationtodoso,
update,amendorsupplementtheinformation,assessmentorassumptionscontainedinthisRFP.
The issue of this RFP does not imply that the Authority is bound to select a Bidder or to
appointtheSelectedBidderJVorContractor,asthecasemaybe,fortheProjectandtheAuthorityreserves
the right to reject all or any of the Bidders or BIDs without assigning anyreason whatsoever.
TheBiddershallbearallitscostsassociatedwithorrelatingtothepreparationand submission of its BID
including but not limited to preparation, copying, postage, delivery fees, expenses associated with
any demonstrations or presentations which may be required by the Authority or any other costs
incurred in connection with or relating to its BID. All such costs and expenses will remain with the
Bidder and the Authority shall not be liable in any manner whatsoever for the same or for any
other costs or other expenses incurred by a Bidder in preparationorsubmission of theBID,
regardless of theconduct or outcomeoftheBiddingProcess.

5
 GLOSSARY

Agreement AsdefinedinClause1.1.4
Authority AsdefinedinClause1.1.1
BankGuarantee AsdefinedinClause2.20.1
BID(s) AsdefinedinClause1.2.2
Bidders AsdefinedinClause1.2.1
BiddingDocuments AsdefinedinClause1.1.5
BIDDueDate AsdefinedinClause1.1.5
BiddingProcess AsdefinedinClause1.2.1
BIDSecurity AsdefinedinClause1.2.4
BIDPriceorBID AsdefinedinClause1.2.6
Contractor AsdefinedinClause1.1.2
ConstructionPeriod AsdefinedinClause1.2.6
ConflictofInterest AsdefinedinClause2.2.1(c)
DefectLiabilityPeriod AsdefinedinClause1.2.6
EligibleExperience AsdefinedinClause2.2.2.5(i)
EligibleProjects AsdefinedinClause2.2.2.5(i)
EPC AsdefinedinClause1.1.1
EPCContract AsdefinedinClause1.1.2
EstimatedProjectCost AsdefinedinClause1.1.3
FeasibilityReport AsdefinedinClause1.2.3
FinancialCapacity AsdefinedinClause2.2.2.3(i)
Government Governmentof*********
JointVenture AsdefinedinClause2.2.1
[Link] AsdefinedinClause2.1.11(f)
LeadMember AsdefinedinClause2.1.11(c)
LowestBidder AsdefinedinClause1.2.6
LOA AsdefinedinClause3.3.4
NetWorth AsdefinedinClause2.2.2.9(ii)
PerformanceSecurity AsdefinedinClause2.21.1
AdditionalPerformanceSecurity AsdefinedinClause2.21.1
Project AsdefinedinClause1.1.1
[Link] IndianRupee
RFPorRequestforProposals AsdefinedintheDisclaimer
SelectedBidder AsdefinedinClause3.3.1
TechnicalCapacity AsdefinedinClause2.2.2.2(i)
TieBIDs AsdefinedinClause3.3.2
ThresholdTechnicalCapacity AsdefinedinClause2.2.2.2(i)

Thewordsandexpressionsbeginningwithcapitallettersanddefinedinthisdocumentshall, unless
repugnant to the context, have the meaning ascribed thereto herein.

6
 RAJASTHAN STATE ROAD DEVELOPMENT & CONSTRUCTION
CORPORATION LTD., JAIPUR (RSRDC)
SECTION 1
INTRODUCTION
1.1 Background

1.1.1 Rajasthan State Road Development & Construction Corporation Ltd., represented by
Managing Director, RSRDC, Govt. of Rajasthan, Jaipur further represented by Project
Director, RSRDC, Unit Ajmer “Authority” is engaged in the development of Highways,
Bridges, Buildings and as part of this endeavor, the Authorityhas decided to undertake for
Upgradation and Construction work for Kekri to Deoli Section on SH-26 from 2 lane to 4 lane
from existing chainage 49/200 (As per existing Km stone of SH-26) to terminating point of NH-
52 at Km 146+330 in the State of Rajasthan on Engineering Procurement and Construction
(EPC) (Total Design length – 53+100 Km)through an Engineering, Procurement and
Construction (the “EPC”) Contract, and has decided to carryout 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 theInformation Memorandum of the Project at the SPPP website
[Link] Brief particulars of the Project are as follows:
Estimated No of Years for
Name of the Project Length (in Km) Project Cost Construction and
(In Rs. lacs) DLP
Upgradation and Construction work for Kekri 53.100 44208.00 lacs Construction Period
to Deoli Section on SH-26 from 2 lane to 4 2 Year and DLP of
lane from existing chainage 49/200 (As per 5 Year
existing Km stone of SH-26) to terminating
point of NH-52 at Km 146+330 in the State
of Rajasthan on Engineering Procurement and
Construction (EPC) (Total Design length –
53+100 Km)

1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing,
engineering, procurement and construction of theProjectunderand in accordancewith
the provisions of an engineering, procurement and construction contract (the “EPC
Contract”) to be entered into between the Contractor and the Authority in the form
provided by the Authority as part of the Bidding Documents pursuant hereto. The
Contractor shall also be responsible for the maintenance of the project during the
Defect Liability [Link] scope of work will Upgradation and Construction work
for Kekri to Deoli Section on SH-26 from 2 lane to 4 lane from existing chainage
49/200 (As per existing Km stone of SH-26) to terminating point of NH-52 at Km
146+330 in the State of Rajasthan on Engineering Procurement and Construction
(EPC) (Total Design length – 53+100 Km). broadly includestandards with
construction of new pavement, construction of major and minor bridges, culverts, road
intersections, interchanges, drains, etc. and maintenance/DLP of the Project as per
technical note.
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specifiedin
the clause 1.1.1 above. The assessment of actual costs, however, will have to be made
by the Bidders.
1.1.4 TheAgreementsetsforththedetailedtermsandconditionsforawardof the project to the
Contractor, including the scope of the Contractor‟sservicesandobligations.
1.1.5 TheAuthorityshallreceiveBIDspursuanttothisRFPinaccordancewiththe 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

7
in accordance with such terms on or before the BID due date
specifiedinClause1.3forsubmissionofBIDs(the“BIDDueDate”).

8
1.2 Brief description of Bidding Process
1.2.1 TheAuthorityhasadoptedasinglestagetwo-partsystem(referredtoasthe "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
Bidderwillbefirstexaminedbasedonthedetailssubmittedunder firstpart
(TechnicalBid)withrespecttoeligibilityandqualificationscriteriaprescribedin 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 toeligibility 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
[Link] to this
Bidding Process. The Authority shall be entitled to disqualify any Bidder in accordance
withtheaforesaid guidelines at anystageofthe BiddingProcess. Bidders must satisfy
themselves that they are qualified to bid, and should give an undertaking to this
effectin theformat Appendix-IA].

1.2.2 TheBidshallbevalidforaperiodof120daysfromthedatespecifiedinClause1.3for
submission of BIDs.

1.2.3 The complete Bidding Documents including the draft Agreement for the Project is
enclosed for the Bidders. The Plan & Profile prepared by the Authority/ consultants of
the Authority (the " Plan & Profile") is also enclosed. The Plan & Profile of the
Project is being provided only as a preliminary reference document by way of
assistancetotheBidderswhoareexpectedtocarryouttheirownsurveys,investigations and
other detailed examination of the Project before submitting their Bids. Nothing
contained in the Plan& Profile shall be binding on the
AuthoritynorconferanyrightontheBidders,andtheAuthorityshallhaveno
liabilitywhatsoeverinrelationtoorarisingoutofanyorallcontents of the Plan& Profile.
The aforesaid documents and any addenda issued subsequent to this RFP Document,
will be deemed to form part of the Bidding Documents. However, Plan & Profile
prepared by the Authority/ consultants of the Authority (the " Plan & Profile") is not
required in case of maintenance works like PR/HIPR to be taken on EPC mode.
1.2.4 A Bidder is required to submit, along with its BID, a BID Security of Rs.
884.16Lakhs([Link] hundred Eighty-four lacs and sixteen
thousandonly)asperappendix-II. only by way of online payment NEFT/RTGS/IMPS
orBank Guarantee issued by scheduled Bank of RBI (Except Indusind Bank) in
favour of “Project Director RSRDC Ltd. Unit Ajmer”.
The Bidders shall also submit Bid Document fee: Cost of the Document must be
furnished in the form of a non- refundable fee of INR 11,800.00 (Rupees Eleven
thousand Eight hundred) only by way of online payment NEFT/RTGS/IMPS
(payment through other modes shall not be accepted). The online payment receipt shall
be submitted while submitting the proposal.
The application form without proof of payment of Bid Document fee will be rejected
without any intimation. Bid Processing Fee:Bid processing fees of Rs. 2,500.00 (Two
Thousand five hundred only) in the form of NEFT/RTGS/IMPS in favour of “Project
Director RSRDC Ltd. Unit Ajmer”.

1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at their
cost, such studies as maybe required for submitting their respective BIDs for award of
the contract including implementation of the Project.
9
 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 Authority shall annul the Bidding Process and
invite fresh BIDs.
1.2.8 Other details of the process to be followed under this bidding process and the terms
thereof are spelt out in this RFP.
1.2.9 Deleted

1.3 Schedule of Bidding Process

TheAuthorityshallendeavortoadheretothefollowingschedule:
Sr. No. Event Description Date
1. Invitation of RFP (NIT) 24-09-2025
2. Last date for receiving queries 26-10-2025 up to 6:00 PM
3. Pre-BID meeting at venue 2.11.4 (i) 27-10-2025 (at 11:00 AM)
4. Authority response to queries latest by 01-11-2025 up to 6:00 PM
5. Last date of Request for BID Document 06-11-2025 up to 6:00 PM
6 BID Due Date 06-11-2025 up to 6:00 PM
7. Physical Submission of Bid Security/POA etc Before 15:00 PM on Date 07-11-2025
8. Opening of Technical BIDs at venue 2.11.4 (i) 07-11-2025 after 3:00 PM
9. Declaration of eligible / qualified Bidders To be Notified
10. Opening of Financial BID To be Notified
11. Letter of Acceptance (LOA) To be Notified
12. Return of signed duplicate copy of LOA Within 7 days of issuance of LOA
13. Validity of BID 120 days from BID Due Date
14. Submission of Performance Security (PS) and Within 10 days of issue of LOA. Or in
Additional Performance Security (APS), if any Extended periods of 15 days as Clause
2.21
15. Signing of Agreement Within 10 days from the receipt
Performance Security and Additional
Performance Security, if any

10
 SECTION-2
INSTRUCTIONSTOBIDDERS

A. GENERAL
2.1. GeneraltermsofBidding

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
maybe.

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

shall ensure that Power of Attorney is apostle by appropriate authority and
requirementofIndianStampActisdulyfulfilled.

2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft Agreement shall have overriding effect; provided,
however,thatanyconditionsorobligationsimposedontheBidderhereundershall 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
abetterunderstandingtotheBiddersaboutthesubjectmatterofthisRFPand 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
[Link],anyomissions,conflictsorcontradictionsintheBidding
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 BIDshallbefurnishedintheformatexactlyasper Appendix-Ii.e. Technical

BidasperAppendixIAandFinancialBidas [Link] 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
indicatedinwordsshallbetakenintoaccount.

2.1.5 The Bidder should submit a Power of Attorney as per the format at Appendix-III,
authorisingthesignatoryoftheBIDtocommittheBidder.

2.1.6 IncasetheBidder isa JointVenture,theMembersthereofshouldfurnisha Power of

Attorney in favour of the Lead Member in the format at Appendix-IV. And joint
bidding agreement in the format at Appendix-V

2.1.7 Any condition or qualification or any other stipulation contained in the BID shall
rendertheBIDliabletorejectionasanon-responsiveBID.

2.1.8 The BID and all communications in relation to or concerning the BiddingDocuments
andtheBIDshallbeinEnglish language.

2.1.9 ThisRFPisnottransferable.

11
2.1.10 Any award of Project pursuant to thisRFP shall be subject to the terms of
BiddingDocumentsandalsofulfillingthecriterionasmentionedinclause2.2.

2.1.11 IncasetheBidder isa JointVenture,itshallcomply withthe followingadditional

requirements:

(a) Numberof members in aJoint Ventureshall notexceed 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 [Link],
[Link](i) & [Link].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 [Link] Member(s) shall meet at least 20% requirement of Bid
Capacity, Technical and Financial Capacity required as per Clause [Link],
[Link](i) & [Link] 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 shallitself undertake and perform at least 51(fifty-one)
percent of the total length of the Project Highway,

(f) members of the Joint Venture shall have entered into a binding Joint Bidding
Agreement, substantiallyin the formspecified at Appendix V(the “Jt. Bidding
Agreement”), for the purpose of making the Application and submitting a Bid
in the event of being pre-qualified. The Jt. Bidding Agreement, to be submitted
along with the Application, shall, inter alia:

(i) Convey the commitment(s) of the Lead Member in accordance with this
RFP, in case the contract to undertake the Project is awarded to the Joint
Venture; and clearly outline the proposed roles & responsibilities, if any,of
each member;
(ii) commit the approximate share of work to be undertaken by each member
conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to theeffectthat all members ofthe 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) Joint Venture above Estimated Project Cost of Rs. 50 crores (Fifty Crore).
However, Joint Venture for any Estimated Project Cost is permissible in case of
maintenance works to be taken up on EPC mode. Joint venture as per circular
(Enclosed)
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% (fifty percent) of the
aggregate issued, subscribed and paid up equity share capital in theL-1 Bidder or its
Member is held bypersons 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 categorymentioned 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
Memberis controlled by persons resident outside India and therebythe equitycapital
of the transferee entity exceeds 50% or above, any such transfer of equity capital
shall be with the prior approvalof the competent authorityfrom nationalsecurityand
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
beneficialownershiporcontrol,bypersonsactingforthemselvesorin concert andin
determining such holding or acquisition, the Authority shall be guided by the
principles, precedents and definitions contained in the Securities and ExchangeBoard
of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011, or any
substitute thereof, as in force on the date of such acquisition.

(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
(inthatorder)maybe given acounter-offer(onebyonesequentially)tomatch thebid 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.

2.1.12 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 allits
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.

2.1.13 TheBidder,includingan individualoranyofitsJointVenturemember,should notbe anon-

[Link],includingany Joint

13
 Venture Member, shall be deemed to be a non-performing party1 (not applicable to
the project whose contract is terminated bythe Authority) if it attracts any or more of
the following parameters:

(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 Project Management Consultant due to Authority's
default;

(ii) Fails to complete aproject, 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 bythe Project Management Consultant 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-ConformityReports (NCRs) issued bythe Project

Management Consultanton thedesigns/worksconstructedbytheBidderpending
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 Project Management Consultant 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 inmore
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 theAuthority.

(xii) Has Failed to perform for the works of Expressways, National Highways,
ISC&EI, other road 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.

1
Sub- clauses (i) to (xi) under this Clause would be applicable only when the Contractor attracts these defaults on the bid
[Link],hewouldbe eligibletoparticipatein bids received after such
date.
14
 (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; Providedthat
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
projectsofExpressways, NationalHighways, ISC andEIworksofMinistryofRoadTransport &
Highways or its implementing agencies (NHAI/ NHIDCL/State PWDs/RSRDC) and the status
of above issues in each project as on the bid submission date and undertake that they do not
attract any of the above categories (Ref. Sr. No.6, Annex-I of Appendix – IA).

TheBidderincludingindividualoranyofitsJointVentureMembermayprovide

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

(ii) detailsofupdatedon-goingprocessofblacklistingifso,underanycontractwith Authority /

Government; and

(iii) details ofalltheiron-goingprojects intheformatatAnnexure-VIIIofAppendix 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.

2.1.14 All Orders of Ministryof Finance/DPIIT/anyother government agencies, as applicable

and prevalent on the date of LOA, shall be applicable.

2.1.15 Entities of countries which have been identified by Ministry of Road Transport and
Highways as not allowing Indian companies to participate in their Government
procurement for any item related to Ministry of Road Transport & Highways shall not
be allowed to participate in Government procurement in India for all items related to
Ministry of Road Transport & Highways, except for the list of items published by the
Ministry of Road Transport & Highways permitting their participation.

2.2. Eligibilityandqualificationrequirementsof Bidder

2.2.1 Fordeterminingthe eligibilityofBidder, the followingshallapply:

(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 upto Rs. 50 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 Ventureshall be eligible for consideration subject to
the conditions set out in Clause 2.1.11 above.

15
(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 bedisqualified
and liable for Suspension from participation in the tendering process for the works of
MoRTH/ RSRDC and works under centrally sponsoredschemes for a period of two
year from the bid due date of this work or forfeiture of Performance Security as the
case may be. A Bidder shall be deemed to have a Conflict of Interest affecting the
Bidding Process, if:

(i) the Bidder, its Joint Venture Member (or anyconstituent thereof) and anyother
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 applyto
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) AconstituentofsuchBidderisalsoaconstituent ofanotherBidder; or

(iii) Such Bidder, or any of its Joint Venture Member thereof receives or has
receivedanydirectorindirectsubsidy,grant,concessionalloanorsubordinated debt
from any other Bidder, or any of its Joint Venture Member thereof or has
providedanysuchsubsidy, grant,concessionalloanorsubordinateddebttoany 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) SuchBidder,oranyofitsJoint VentureMember thereofhas arelationship 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 other‟s‟ information about, or to influence the
Applicationof 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.
16
(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 border is registered with the Competent Authority, specified in
Annexure – I of Order (Public Procurement No. 1) issued by Ministry ofFinance,
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) “BidderfromacountrywhichsharesalandborderwithIndia”means:

a) Anentityincorporated,established or registeredin sucha country, or

b) Asubsidiaryofanentityincorporated,establishedorregisteredinsucha country; or
c) Anentitysubstantiallycontrolledthroughentitiesincorporated,establishedor
registered in such a country; or
d) Anentitywhose beneficial owneris situated in such a country;or
e) AnIndian(orother)agentofsuchanentity; or
f) Anatural personwho isacitizenof suchacountry;or
g) AConsortiumorjointventurewhereanymemberoftheconsortiumorjoint venture falls
under any of the above.

(iii) BeneficialOwnerforthe purposeof(ii) above means:

1. In caseof a companyor Limited LiabilityPartnership, thebeneficial owneris 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 percent 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 judicial person:
has ownership of entitlement to more than fifteen percent of capital or profits of
the partnership;
3. Incaseofunincorporated associationorbodyofindividuals,thebeneficialowner is the
natural person(s), who, whether acting alone or together, or through one or more
judicial person, has ownership of or entitlement to more than fifteenpercent 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;

17
 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 anyact for another, or to represent anotherin

dealing 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 contractors is
registered with the competent Authority. The identification of “contactor from a
country which shares a land border with India” shall be as in clause 2.2.1 (d) (ii)
above.

CertificateregardingCompliance:

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 restriction of procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such
countries; Icertify 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 in case the above certification is found to be false, these would be a
ground from immediate rejection of Bid/termination and further legal action in
accordance with law.

ValidityofRegistration:

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 bea relevant consideration during contract execution.

2.2.2 QualificationrequirementsofBidders:

[Link] BIDCapacity

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

AssessedAvailableBIDcapacity=(A*N*2.5–B), Where

N=Numberofyears prescribedforcompletion ofwork forwhichBidis 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-3below)takingintoaccountthecompletedaswellasworksin

18
 [Link] projects includeturnkeyproject /Itemratecontract/ Construction
works.

B=Value (updated to the price level of the year indicated in table at Note-3below)
of existing commitments, works for which the bidder has emerged as the
winnerof the bids or on-going works to be completed during the period of
completion of the works for which BID is invited. For the sake
ofclarification, it is mentioned that works for which bidder has emerged as
the winner of the bids but LOA has not been issued as on the daybefore
opening the financial bids shall also be considered while calculating value of
B.

Note:
1. The Statement showing the value of all existing commitments, works for which
the contractor has emerged asthe winner of the bid as givenbybidderand 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. Thefactor for theyear forupdation tothe pricelevelisindicated asunder:

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

Up-dationfactor 1.00 1.05 1.10 1.15 1.20

[Link] TechnicalCapacity

(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,
suchthatthesumtotalthereof,asfurtheradjustedinaccordancewithclause
[Link] (i)& (ii), is more than Rs.442.08 Cr. (Rs. Four hundred fortytwo
crore and eight Lakh only) (the “Threshold Technical Capacity”).
(ii) For normal Highway projects (including Major
Bridges/ROB/Flyovers/Elevated Road/Tunnels):

Provided that at least one similar work of 20% of Estimated Project Rs.88.41
Cr. (Rs. Eighty eight Croreand Fourty one Lakh only) shall have been
completed from the Eligible Projects in Category 1 and/or Category3 specified
in Clause [Link]. For this purpose, a project shall
beconsideredtobecompleted,ifmorethan90%ofthevalueofworkhas
beencompletedandsuchcompletedvalueofworkisequaltoormorethan 20% of the
estimated project cost. Eligible projects shall include
following:
(a) Widening/ reconstruction/up-gradation works on NH/SH/Expressway or on
any category of road taken up under CRF, ISC/EI, SARDP, LWE.
(b) Widening/reconstruction/up-gradation onMDRS withloanassistancefrom
multilateral agencies or on BOT basis.
(c) Widening/reconstruction/up-gradation work of roads in Municipal
19
 corporation limits, construction of Bypasses.
(d) Constructionofstand-alone bridges, ROBs, tunnels
(e) Construction/reconstruction of linear projects like airport runways,
railways (construction/re-construction of railway tracks, yards for keeping
containers etc') metro rail and ports (including construction/re-construction
of Jetties).
If any Major Bridge/ROB/Flyover/Tunnel is (are) part of the project, then the
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/Elevated Road/Tunnel in the last 10 (Ten)
financial years [Link] havecompletedat least
onesimilarMajor Bridge/ROB/Flyover/Elevated Road/Tunnel of following
sizes:
(a) In case longest span of Bridge/Flyover/ROB Elevated Road/is less than or
equal to 60m, no additional qualification is required.
(b) In case Tunnel is part of project having length less than or equal to 200m,
then no additional qualification is required.
(c) When length of tunnel more than 200m: 50% of the cross-sectional area of
the 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 2km, whichever is less. For the purpose of this requirement,
tunnel may have single/twin tubes for roads/railways/metro
rail/hydroelectricity projects etc.
(iii) ForStand-alonespecialized projects:
(a) MajorBridges/ROB/Flyoversprojects:
(a1) In case the cost of specialized project is less than or equal to Rs.
1,000 Cr: The Bidder 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 greaterthan 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 Bidder shall have completed at least one similar Major
Bridge/ROB/Flyoverprojectinthelast10(Ten)financialyearsprecedingthe

20
 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 atleast20% 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.
(b) Tunnel Project : The Bidder 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 isless and 20%
length of the tunnel tobe constructed in this project or 2km whichever is
less and the cost of such projects shall be atleast 20% of the Estimated
Project Cost or Rs. 1000 crore whicheveris less. For this purpose, a
project shall be considered to be completed, if more than 90% of the
value of work is equal to or more than 20% of the Estimated Project
Cost or Rs. 1000 Crore whichever is less.
(iv) Theupdationfactortoupdatethepriceoftheeligibleprojectsfor theyear
indicated in table below:

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

Up-dationfactor 1.00 1.05 1.10 1.15 1.20

[Link] FinancialCapacity:
(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of
Rs. 22.10 cr. (Rs. Twenty two Crore and Ten Lakh only) (5% of EPC ) 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) of Rs. 66.31 Cr.
(Rs. Sixty seix Croreand Thirty one Lakh only) for the last 5 (five) financial
years. (15% of EPC) for the last 5 (five) financial years. (Equal to EPC) for the
last 5 (five) financial years.

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

Up-dationfactor 1.00 1.05 1.10 1.15 1.20

[Link] Incaseof aJointVenture:

(i) The Bid Capacity, Technical Capacity and Financial Capacity of all the
Members of Joint Venture would be taken into account for satisfying the
aboveconditions ofeligibility. Further, Lead Member shall meet atleast60%
requirement of Bid Capacity, Technical and Financial Capacity as per Clause
[Link], [Link](i) and [Link] and each of other JV members shall meet at
least 20% requirement of Bid Capacity, Technical and Financial Capacity
individually as per Clause [Link], [Link](i) and [Link]. For
avoidanceofdoubtitisfurtherclarifiedthattheJointVenturemust
collectivelyandindividuallysatisfytheabovequalificationcriteria. JV shall

21
 cumulatively/collectively fulfill the 100% requirement.

(ii) For requirement of [Link] (ii)&(iii), 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 [Link] individually by any
of the JV members as a single work.

[Link] Categoriesandfactorsforevaluation ofTechnical 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 [Link] (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 experienceonEligibleProjects Factors
1 Projectin highways sector that qualifyunder 1
Clause2.2.2.6(i)
2 Projectincoresectorthatqualify under 0.75
Clause2.2.2.6(i)
3 ConstructioninhighwayssectorthatqualifyunderClause 1
[Link](ii)
4 Constructionincoresector that qualifyunder 0.75
Clause2.2.2.6(ii)

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

developed countrywhich isamemberofOECDshallbefurthermultipliedby a
factor of 0.5 (zero point five) and the product thereof shall be the Experience
Score for such Eligible Project.

(iii) Forthepurpose ofthis 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) coresector would be deemed to includecivil 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. Core sector will also include the
project with the title of RIDF, PMGSY road, link road, city roads, rural
road, sector/ municipality road, realestate project which demonstrate
road development/construction bridges of culverts.

(iv) In case of projects executed by applicant under category 3 and 4 as a

memberofJointVenture,the projectcostshouldberestrictedtotheshare of the
applicant in the joint venture for determining eligibility as per
[Link],

22
 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 [Link].

(v) 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, etc, or not specified, shall not be [Link],
such maintenance works shall be considered as eligible projects in case
of Maintenance works to be taken up on EPC mode.

(vi) The works such as Improvement in Riding Quality work (IRQP/IRQ),

shall be considered for Technical Capacity [[Link] (i)] but not for
similar completed works [[Link] (ii)& [Link] (iii)]. However, such
work shall be considered for similar completed works [[Link] (ii)] in
case of Maintenance works to be taken up on EPC mode.

(vii) In case both the estimated cost of project and revised cost of projectare
provided, the revised cost of project shall be considered for evaluation.

[Link] EligibleExperienceonEligible Projectsinrespectofeach category:

(i) Fora projectto qualifyas anEligible ProjectunderCategories1and 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 apublic
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 10 % of the amount
specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five) financial years
precedingtheBidDueDate,haveitselfundertakentheconstructionofthe
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 purposesof
construction.

(ii) ForaprojecttoqualifyasanEligibleProjectunderCategories3and4,the
Biddershouldhavereceivedpaymentsfromitsclient(s)forconstruction

23
 works executed, fully or partially, or work executed and certified by the
Engineer-in-charge/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 than22.10 Cr. (Rs. Twenty two Crore and Ten
Lakh only) shall not be reckoned as receipts for Eligible Projects. For the
avoidance of doubt, construction works shall not include supply of goods or
equipment except when such goods or equipment form part of a turn-key
construction contract / EPC contract for the project. Further, the cost of land
and also cost towards pre-construction activities (like shifting of utilities etc.)
shall not be included hereunder.

(iii) The Bidder shall quote experience in respect of a particular Eligible Project
under any one category only, even though the Bidder (either individually or
along with a member of the Joint Venture) may have played multiple roles in
the cited project. Double counting for a particular Eligible Project shall not be
permitted in any form.

(iv) Experience for any activity relating to an Eligible Project shall not be claimed
by two or more Members of the Joint Venture. In other words, no double
counting by a Joint Venture in respect of the same experience shall be
permitted in any manner whatsoever.

[Link] Submission in support ofTechnical Capacity

(i) The Biddershould furnish thedetails of Eligible Experiencefor thelast 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) TheBiddershouldfurnishtherequiredProject-specificinformationand evidence in

support of its claimofTechnicalCapacity,asperformatatAnnex-IVof Appendix-IA.

[Link] Submission in support offinancial capacity

(i) TheTechnicalBidmustbeaccompaniedbytheAuditedAnnualReports ofthe 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) Incasetheannualaccountsforthelatestfinancialyeararenotaudited and therefore

the Bidder cannot make it available, the Bidder shall give an undertaking to this
effect and the statutory auditor shall certify the [Link] 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.

24
[Link] TheBiddermustestablishtheminimumNetWorthspecifiedinClause2.2.2.3, and
provide details as per format at Annex-III of Appendix-IA

[Link] The Bidder shall enclose with its Technical Bid, to be submitted as per the formatat
Appendix-IA, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by
itself, during the past 5 years, in respect of the Eligible Projects. In case a
particular job/ contract has been jointly executed by the Bidder (as part of a
Joint Venture), it should further support its claim for the payments received or
constructioncarried out byitselfin PPP Projects asapplicablethesharein work
done for that particular job/ contract by producing a certificate from itsstatutory
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
methodologyadopted for calculating such net worth conforms to the provisions
of this Clause [Link] (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.

[Link] Deleted.

2.3 Proprietarydata
AlldocumentsandotherinformationsuppliedbytheAuthorityorsubmittedbyaBidder
totheAuthorityshallremainorbecomethepropertyoftheAuthority andaretransmitted
totheBidderssolelyforthepurposeofpreparationandthesubmission of a BID in
accordance herewith. Bidders are to treat all information as strictly confidential
andshallnotuseitforanypurposeotherthanforpreparationandsubmissionoftheirBid. 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
anyBID, document or anyinformation providedalongtherewith.

2.4 CostofBidding
The Bidders shallberesponsibleforallofthecostsassociatedwiththe
[Link] 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 dulycertified 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
[Link] (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.

25
2.5 Sitevisitandverificationofinformation
2.5.1 BiddersareencouragedtosubmittheirrespectiveBIDsaftervisitingtheProject
siteandascertainingforthemselvesthesiteconditions,traffic,location,
surroundings,climate,availabilityofpower,water&otherutilitiesfor construction,access to
site,handlingand storage of materials,weather data, applicable laws and regulations,
and any other matter considered relevant by them.
BiddersareadvisedtovisitthesiteandfamiliarizethemselveswiththeProjectwithinthe
[Link] for
submission of Bids.

2.5.2 ItshallbedeemedthatbysubmittingaBID,theBidderhas:
(a) Made a complete and careful examination of the Bidding Documents, Schedules
annexed to EPC agreement Document;
(b) ReceivedallrelevantinformationrequestedfromtheAuthority;
(c) Accepted the risk ofinadequacy,errorormistakeintheinformation providedinthe
Bidding Documents or furnished by or on behalf of the Authority
[Link]
at any stage on this account.
(d) satisfieditselfaboutallmatters,thingsandinformationincludingmatters
referredtoinClause 2.5.1hereinabovenecessaryandrequiredfor submitting an
informed BID, execution of the Project in accordance withthe
BiddingDocumentsandperformanceofallofitsobligationsthereunder;
(e) acknowledged and agreedthatinadequacy,lackofcompletenessor
incorrectnessofinformationprovidedintheBiddingDocumentsor ignorance of any of
the matters referred to in Clause 2.5.1 hereinabove shall notbe a basis for any
claim for compensation, damages, extension of time for performance of its
obligations,lossofprofitsetc. from the Authority, or aground for termination of the
Agreement by the Contractor;
(f) AcknowledgedthatitdoesnothaveaConflictofInterest;and
(g) Agreedtobe boundbythe undertakings providedbyit underand in termshereof.

2.5.3 The Authorityshall not beliablefor anyomission, mistake orerror in respectof anyof
theaboveoronaccountofanymatterorthingarisingoutoforconcerningorrelatingto
RFP,including anyerror or mistake therein or in anyinformation or data given bythe
Authority.

2.6 VerificationandDisqualification
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,
whensorequiredbytheAuthority,makeavailableallsuchinformation,evidence
[Link] 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 TheAuthorityreservestherighttorejectanyBIDandSuspendthebidderfrom participation in
the tendering process for the works of MoRTH/ RSRDCand
worksunderothercentrallysponsoredschemesforaperiodofoneyearfromthebid duedateofthiswork
if:
(a) Atanytime,amaterialmisrepresentationismadeoruncovered,or
(b) TheBidderdoesnotprovide,withinthetimespecifiedbytheAuthority,the
supplementalinformation soughtbythe Authorityforevaluationofthe BID.

26
 Such misrepresentation/ improper response shall lead to the disqualification of the
Bidder. If the Bidder is aJoint Venture, thenthe entireJoint 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 lowestBidder gets disqualified /
rejected, then the Authority reserves the right to annul the Bidding Process and invites
fresh BIDs.
2.6.3 Incaseitisfoundduringtheevaluationoratanytimebeforesigningofthe Agreement or after
its execution and during the period of defect liability subsistence thereof, that one or
more of the eligibility and /or qualification requirements have not been met by the
Bidder, or the Bidder has made material misrepresentationor has given
anymateriallyincorrect orfalseinformation,theBidder shall be disqualified forthwith if
not yet appointed asthecontractor eitherbyissue oftheLOAorenteringintoofthe
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 bythe 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 [Link] such an event, the Authority shall be entitled to
Suspend the bidder from participation in the tendering process for the works of
MoRTH/ RSRDCand works under other centrally sponsoredschemes for a period of
one year from the bid due date of this
workorPerformanceSecurity,asthecasemaybe,asDamages,without
prejudicetoanyotherrightorremedythatmaybeavailabletotheAuthority under the Bidding
Documents and / or the Agreement, or otherwise.
2.6.4.A Bidder shall be liable for disqualification and Suspend the bidderfrom participation in
the tendering process for the works of MoRTH/ RSRDCand works under other
centrally sponsoredschemes for a period of one year from the bid due date of this work,
if any legal, financial or technical adviser of the Authority in relation to the Project is
engagedbythe Bidder, its Member oranyAssociate thereof, as thecasemay be, in any
manner for matters related to or incidental to such Project during theBidding Process or
subsequent to the (i) issue of the LOA or (ii) execution of the Agreement. In the event
any such adviser is engaged by the selected Bidder or Contractor, asthe 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 toany other right or remedy or the
Authority, Suspend the bidderfrom participation in the tendering process for the works
of MoRTH/ RSRDCand works under other centrally sponsoredschemes for a period of
one year from the bid due date of this work or Performance Security, as the case may
be, which the Authority may have thereunderorotherwise,the
LOAortheAgreement,asthecasemaybe,shallbeliable 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 dateof issue of this
RFP. Nor will this disqualificationapplywhere such adviser is engaged after a period of
3 (three) years from the date of commercial operation of the Project.

27
B. DOCUMENTS

2.7 ContentsoftheRFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance
withClause2.9.

Part–I

InvitationforBIDs
Section1. Introduction
Section 2. InstructionstoBidders
Section 3. Evaluation of BIDs
Section 4. FraudandCorruptPractices
Section 5. Pre-BID Conference
Section 6. Miscellaneous

Appendices
IA. LettercomprisingtheTechnicalBIDincludingAnnexureItoVII IB.
Letter comprising the Financial BID
II. BIDSecurity
III. PowerofAttorneyfor signingofBID
IV. PowerofAttorneyforLeadMemberofJointVenture
V. JointBiddingAgreementforJointVenture
VI. IntegrityPact Format
VII. FormofBankGuarantee (ForPerformanceSecurity)
VIII. FormatofLOA

Part–II
AgreementDocumentwithschedules

Part–III
[Plan & profileprovided bythe authority]

2.7.2 The draft Agreement and the Plan & profile provided by the Authorityas partoftheBID
Documentsshallbedeemedtobe partofthisRFP.

2.8 Clarifications
2.8.1 BiddersrequiringanyclarificationontheRFPmaynotifytheAuthorityinwriting bye-
[Link]
queriesonorbeforethedatementionedintheScheduleofBiddingProcess specified in Clause
[Link] Authority shall endeavour to respond to the querieswithintheperiodspecifiedin
clause 1.3. The responses will be sent by fax or e-mail. The Authority
willforwardallthequeriesanditsresponsesthereto,toallBidderswithoutidentifying the
source of queries.

2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications
[Link],theAuthorityreservestherightnottorespondto any question
or provide any clarification, in its sole discretion, and nothing in this
ClauseshallbetakenorreadascompellingorrequiringtheAuthoritytorespond

28
 toanyquestionortoprovideanyclarification.

2.8.3 TheAuthoritymayalsoonitsownmotion,ifdeemednecessary,issue
interpretations&[Link]&interpretations issued by
the Authority shall be deemed to be part of the Bidding
[Link] employees or
representatives shall not in any way or manner be binding on the Authority.

2.9 AmendmentofRFP

2.9.1 AtanytimepriortotheBIDDueDate,theAuthoritymay,foranyreason,whetheratits
owninitiativeorinresponsetoclarificationsrequestedbya Bidder,modifytheRFPby the
issuance of Addenda.

2.9.2 Any Addendum issued hereunder will be hosted on the GoR e-Tendering Portal
([Link]

2.9.3 InordertoaffordtheBiddersareasonabletimefortakinganAddenduminto account, or for

any other reason, the Authority may, in its sole discretion, extend the BID Due Date.

C. PREPARATIONANDSUBMISSIONOFBIDS

2.10 FormatandSigningofBID

2.10.1 The Bidder shall provide all the information sought [Link] Authority will
evaluate only those BIDs that are received online in the required formats and complete
in all respects and Bid Security, copy of online receipt/ original Demand Draft
towardspaymentofcostofBiddocument,POAandJointBiddingAgreementetc. are
received in hard copies.

2.10.2 Deleted

2.11 DocumentscomprisingTechnical andFinancialBID

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

The Bidder shall then apply for the RFP on the SPPP website
[Link] by submitting the documents mentioned
below along with the supporting documents which shall comprise of the Technical BID
on the SPPP portal :

TechnicalBid
(a) Appendix-IA(Lettercomprising theTechnicalBid)including AnnexureI-VI and
supporting certificates / documents.
(b) PowerofAttorneyforsigningtheBIDas pertheformatatAppendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per
theformat at Appendix-IV;
29
 (d) ifapplicable,JointBidding Agreementfor Joint Ventureasper the formatat
Appendix-V;
(e) Deleted
(f) BID Security according toclause2.20;
(g) Bid Document fee: Cost of the Document must be furnished in the form of
a non- refundable fee of INR 11,800.00 (Rupees Eleven thousand Eight
hundred) only by way of online payment NEFT/ RTGS / IMPS (payment
through other modes shall not be accepted). The online payment receipt
shall be submitted while submitting the proposal. The application form
without proof of payment of Bid Document fee will be rejected without any
intimation.
(h) Bid Processing Fee: Bid processing fees of Rs. 2,500.00 (Two Thousand
five hundred) in the form of NEFT/RTGS/IMPS in favour of “Project
Director RSRDC Ltd. Unit Ajmer;
(i) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH-37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its
subsequent amendments 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 uploaded by RSRDC 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.

FinancialBid

2.11.2 TheBiddershall submit the followingdocuments physically:

(a) OriginalPowerofAttorneyforsigningtheBID asperformatatAppendix-III;

(b) if applicable, Original Power of Attorney for Lead Member of Joint Venture as
per the format at Appendix-IV;
(c) ifapplicable,OriginalJointBiddingAgreementforJointVentureasperthe format at
Appendix-V;
(d) BIDSECURITYasperclause2.20ofRFP.;
(e) Bid Document fee: Cost of the Document must be furnished in the form of
a non- refundable fee of INR 11,800.00 (Rupees Eleven thousand Eight
hundred) only by way of online payment NEFT/RTGS/IMPS (payment
through other modes shall not be accepted). The online payment receipt
shall be submitted while submitting the proposal. The application form
without proof of payment of Bid Document fee will be rejected without
any intimation.
(f) Bid Processing Fee: Bid processing fees of Rs. 2,500.00 (Two Thousand
five hundred) in the form of NEFT/RTGS/IMPS in favour of “Project
Director RSRDC Ltd. Unit Ajmer;
(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
30
 amendments if any issued by MoRT&H (Appendix-VI) regarding Integrity Pact
(IP) and the Integrity Pact (IP)duly signed by Authorized signatory shall be
submittedbytheBidder with theRFPBid& 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 RSRDC and
amendments uploaded, if any
2.11.3 The documents listed at clause 2.11.2 shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification “Upgradation and
Construction work for Kekri to Deoli Section on SH-26 from 2 lane to 4 lane from
existing chainage 49/200 (As per existing Km stone of SH-26) to terminating point
of NH-52 at Km 146+330 in the State of Rajasthan on Engineering Procurement
and Construction (EPC) (Total Design length – 53+100 Km). andshall
clearlyindicate [Link] addition,theBIDDue Date should be
indicated on the right-hand top corner of the envelope.

2.11.4 Theenvelopeshallbeaddressedtothefollowingofficersandshallbesubmittedatthe
respective address:
(i) ATTN. OF: Mr. Vipin Zindal,
(ii) DESIGNATION Project Director, RSRDC
ADDRESS: Unit Office – M.D.S. University
Campus, Pushakar Bypass,
Ajmer -305009
PHONENO: 9829141438
FAXNO: **
E-MAIL ADDRESS pdrsrdcajmer@[Link]

2.11.5 If the envelope is not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement or premature opening of the
contents of the BID submitted and consequent losses, if any, suffered by the
Bidder.

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

2.12 BIDDueDate
FinancialBIDcomprisingofthedocumentslistedatclause2.11.1oftheRFP shall be
submitted online through e-procurement SPPP website
[Link] or before 15:00hrs IST on07-11-
2025.Documentslistedatclause2.11.2oftheRFPshall
bephysicallysubmittedonorbefore15:00 hoursISTon07-11-2025atthe address
provided inClause2.11.4 in themannerand form as detailedin this RFP. A receipt
thereof should be obtained from the person specified at Clause 2.11.4. The technical
details will be captured from the [Link] portal
once the Bidder has applied on it.

2.13 LateBIDs
E-procurement portal SPPP website [Link] shall
not allow submission of any Bid after the prescribed date and timeat clause 2.12.
Physical receipt ofdocumentslistedatclause2.11.2 of the RFP after the prescribed
date and time at clause 2.12 shall not be considered and the bid shall be
summarilyrejected.
31
2.14 Procedurefore-tendering

2.14.1 Accessing/Purchasingof BIDdocuments

[Link] It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC)(in the name ofAuthorized 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 from the link [Link]) to participate in e-tenderingof
MoRT&H/ NHAI/NHIDCL/BRO/State PWD/RSRDC.

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 ofAuthorized
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.

[Link] Toparticipateinthebidding,itismandatoryfortheBidderstogetregisteredtheir
firm/JointVenturewith[Link] have user ID &
password which has to be obtained free of cost. Following may kindly be noted:

(a) Registrationwithe-procurementportalshouldbevalidatleastuptothedateof
submission of BID.
(b) BIDscanbesubmittedonlyduringthevalidityofregistration.

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

[Link] 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.

[Link] The complete BID document can be viewed / downloaded by the Bidderfrom
[Link] 07-10-2025 09:00 hrs to 06-
11-2025 (upto18:00 Hrs. IST).

[Link] Deleted

2.14.2 Preparation&Submission ofBIDs:

[Link] 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.

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

[Link] Bidmustbesubmittedonline only through

[Link] authorized
representative of the Bidder on or before 06-11-2025(upto18:00 hours IST).

2.14.3 Modifications/Substitution/withdrawalofBIDs
32
[Link] 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.

[Link] 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 mayspecifically be noted that
after withdrawal of a BID for any reason, Bidder cannot re-submit e-BID again.

2.15 OnlineOpeningof BIDs.

2.15.1 OpeningofBIDs willbe done through online process.

2.15.2 The RSRDC shall on-line open Technical BIDs on 07-11-2025 after 15:00 hours IST,
in the presence of the authorized representatives ofthe Bidders, who chooseto attend.
Technical BID ofonlythoseBidders shall beonline opened whose documents listed at
clause 2.11.2 of the RFP have been physically received. The RSRDC will subsequently
examine and evaluate the BIDs in accordance with the provisions of Section 3 of RFP.

2.16 RejectionofBIDs

2.16.1 NotwithstandinganythingcontainedinthisRFP,theAuthorityreservestherightto reject any

BID and to annul the Bidding Process and reject all BIDs at any time
withoutanyliabilityoranyobligationforsuchacceptance,rejectionorannulment,andwithout
[Link] 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,
withoutnoticeorliability,andtorejectanyBIDwithoutassigninganyreasons.

2.17 ValidityofBIDs

TheBIDsshallbevalidforaperiodofnotlessthan120 d a y s fromtheBIDDue
Date. The validity of BIDs may be extended by mutual consent of the respective
Bidders and the Authority.

2.18 Confidentiality

Informationrelatingtotheexamination,clarification,evaluationand recommendation for

the Bidders shall not be disclosed to any person who is not
officiallyconcernedwiththeprocessorisnotaretainedprofessionaladvisor advising the
Authority in relation to, or matters arising out of, or concerning the BiddingProcess.
The Authoritywill treat all information, submitted as partof 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
disclosureoristoenforceorassertanyrightorprivilegeofthestatutoryentity
and/ortheAuthorityorasmayberequiredbylaworin connection with any legal process.

2.19 Correspondencewiththe Bidder

33
 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,theAuthoritywoulddisplaytheresultoftechnicalevaluationonthe web portal for
7 days including reasons for non- responsiveness, if any, and the financial bid will be
opened thereafter.

D. BIDSECURITY

2.20 BID Security

2.20.1 The Bidder shall furnish, as part of his Bid, a Bid security for the amount shown in NIT for
this particular work, in favour of Project Director, RSRDC Unit – Ajmer , as mentioned in
NIT
2.20.2 Any BID not accompanied by the BID Securing Declaration 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 following conditions:
(a) Deleted
(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Section 4 of this RFP;
(c) If a Bidder withdraws its BID during the period of Bid validity as specified in this RFP
and as extended by mutual consent of the respective Bidder(s) and the Authority;
(d) In the case of Selected Bidder, if it fails within the specified/extended time limit by
Authority –
(i) to sign and return the duplicate copy of LOA;
(ii) to furnish the Performance Security /Additional Performance Security (if any) as per
Clause 2.21; or
(iii) iii) to sign the Agreement;

2.21 PerformanceSecurity
2.21.1 Within 10 (Ten) days of receipt of Letter of Acceptance, the selected Bidder shall
furnishtotheAuthorityanirrevocableandunconditionalguaranteefromaBankin
theformsetforthinAppendix-VII(the“PerformanceSecurity”)foranamount 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
irrevocableandunconditionalguaranteefromaBankinthesameformgiven At Appendix-VII
towards an Additional Performance Security (the “Additional Performance Security”)

2.21.2 The Performance Security shall be valid until 60 (sixty) days after the Defects
Liability Period. The Additional Performance Security, if any, shallbe valid until28
(twenty-eight) days after Project Completion Date.

34
2.21.3 TheSelectedBidderhasto provide thePerformanceSecurity and the Additional
Performance Security, if any, within 10 (ten) days of receipt of Letter of
Acceptance, in any case before signing of the ContractAgreement.

2.21.4 IntheeventtheSelectedBidderfailstoprovidetheremainingPerformance Security and

Additional Performance Security, if any, as prescribed herein, it may seek extension
of time for a further period upto15 days by paying the Damages upfront along with
the request letter seeking the extension. The Damages shall bethe sum calculated at
the rate of 0.01% (zero point zero one per cent) of the
BidPriceofferedbytheSelectedBidder foreach dayuntilthePerformanceSecurity
andAdditionalPerformanceSecurity,ifany,isprovidedinfullasprescribed herein. The
damages at full rate as given above shall be applicable even if a part of
thePerformance Security and the Additional Performance Security isprovided.

2.21.5 For avoidance of anydoubt, in case of failure of submission of

PerformanceSecurityandAdditionalPerformanceSecurity,ifany,withintheadditional1
5 days’ time period, the award shall be deemed to be cancelled/ withdrawn and the
Suspend the bidder from participation in the tendering process for the works of
RSRDCfor a period of one year from the bid due date of this workby 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 haveceased
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 Performance Security and
Additional Performance Security, if any, as per sub-clause 2.21 above.

35
 SECTION-3
EVALUATIONOFTECHNICALBIDSANDOPENING&EVALUATIONOF FINANCIAL
BIDS

3.1 EvaluationofTechnicalBids

3.1.1 The Authority shall open the BIDs received online at 15:00 hours IST on 07-11-2025,
at the place specified in Clause 2.11.4(i); and in the presence of the Bidders who
choose to attend. The Authority shall prepare minutes of the BID opening, including
informationdisclosedtothosepresentatthetimeofBIDopening.

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 considerationof eligibilityand qualification of the
Bidder.

3.1.4 TofacilitateevaluationofTechnicalBIDs,theAuthoritymay,atitssole discretion, seek

clarifications in writing from any Bidder regarding its Technical BID.
Suchclarification(s)shallbeprovidedwithinthetimespecifiedbytheAuthorityforthis
[Link](s)andallclarification(s)inresponsetheretoshall
[Link]
[Link],ifanywiththedata 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 maybe 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
subsequentlyquestioningsuchinterpretationoftheAuthority.

3.1.6 Testsofresponsiveness

[Link] As a first step towards evaluation of Technical BIDs, the Authority shall determine
whether each Technical BID is responsive to the requirements of this RFP. ATechnical
BID shall be considered responsive only if:

(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI (Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically
(c) TechnicalBidisaccompaniedbytheBIDSecurityasspecifiedinClause1.2.4and 2.20;
(d) The Power of Attorney is uploaded e-procurement portal as specified in Clauses
2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of Joint
Venture and the Joint Bidding Agreement as specified in Clause 2.1.6, if so
required;

36
 (f) TechnicalBidcontainsalltheinformation(completeinallrespects);
(g) TechnicalBiddoesnot containanycondition orqualification;and
(h) Cost of the Document must be furnished in the form of a non- refundable fee
of INR 11,800.00 (Rupees Eleven thousand Eight hundred) only by way of online
payment NEFT/RTGS/IMPS "Project Director RSRDC Ltd. Unit Ajmer.”
(payment through other modes shall not be accepted). The online payment
receipt shall be submitted while submitting the proposal. The application
form without proof of payment of Bid Document fee will be rejected without
any intimation.
[Link] The Authority reserves the right to reject any Technical BID which is non-responsive
and no request for alteration, modification, substitution or withdrawal shall be
entertained bythe Authorityin respect ofsuchBID.

3.1.7 In the event that a Bidder claims credit for an Eligible Project, and such claim is
determinedbytheAuthorityasincorrectorerroneous,theAuthoritymayreject/correct
suchclaimforthepurposeofqualificationrequirements.

3.1.8 The Authority will check the Bid security as per format of Appendix-II and after due
verification, the Authority will evaluate the Technical BIDs for their compliance to the
eligibilityandqualificationrequirementspursuanttoclause2.2.1&2.2.2ofthisRFP.

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
entertainanyqueryorclarificationfromApplicantswhofailtoqualify.

3.2 OpeningandEvaluationofFinancialBids
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 [Link]
Authority shall open the online Financial Bids of the technically responsive Bidders
onlyonscheduleddateandtimeinthepresenceoftheauthorized
[Link] Authorityshall publicly
announce the Bid Prices quoted by the technically responsive Bidder. Thereafter, the
Authority shall prepare a record of opening of Financial Bids.

3.3 SelectionofBidder

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
theselectedBidder(the“SelectedBidder”)

3.3.2 IntheeventthattwoormoreBiddersquotethesameBIDPrice(the"TieBIDs"), the Authority

shall identify the Selected Bidder by draw of lots, which shall be conducted, with prior
notice, in thepresenceoftheTieBidderswho chooseto 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
[Link] theBIDs,it may, inits
discretion,inviteall eligible BidderstosubmitfreshBIDshereunder.

3.3.4 After selection, a Letter of Acceptance (the “LOA”) shall be issued in the format set
37
 forthinAppendix-VIII,induplicate,bytheAuthoritytotheSelectedBidderand 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
duplicatecopyoftheLOAdulysignedbytheSelectedBidderisnotreceivedby the stipulated
date, the Authority may, unless it consents to extension of time for
submissionthereof,Suspendthebidderfromparticipationinthetenderingprocess
fortheworksofRSRDCforaperiodofoneyearfromthebidduedateofthiswork 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 notbe
entitled to seek any deviation,modificationoramendment in the Agreement.

3.3.6 Deleted.

3.4 ContactsduringBIDEvaluation

BIDs shall be deemedto be under consideration immediatelyafter theyare opened and

until such time the Authority makes official intimation of award/ rejection to the
[Link] theBIDs areunder 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 CorrespondencewithBidder

Save and except as provided in this RFP, the Authority shall not entertain any
correspondencewithanyBidderinrelationtotheacceptanceorrejectionofanyBid.

3.6 AnyinformationcontainedintheBidshallnotinanywaybeconstruedasbindingonthe
Authority,itsagents,successorsorassigns,butshallbebindingagainsttheBidderifthe
Projectissubsequentlyawardedtoitonthebasisofsuchinformation.

38
 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 tothe issue of
the LOA and during the subsistence of the Agreement. Notwithstanding anything to the
contrary contained herein, or in the LOA or the Agreement, the Authority may reject a
BID, withdraw the LOA, or terminate the Agreement, as the case may be, without
being liable in any manner whatsoever to the Bidder, if it determines that the Bidder,
directly or indirectly or through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice in the Bidding
Process. In such an event, the Authority shall be entitled to Suspendthe
bidderfromparticipation inthe tenderingprocess for the works of RSRDC and works
under other centrally sponsoredschemes for a period of one year from the bid due date
of this workor Performance
Security,asthecasemaybe,asDamages,withoutprejudicetoanyotherright
orremedythatmaybeavailabletotheAuthorityundertheBiddingDocuments and/ or the
Agreement, or otherwise.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the
rightsandremedieswhichtheAuthoritymayhaveundertheLOAorthe
Agreement,orotherwise ifa BidderorContractor, asthecase may be,isfound by
theAuthority tohavedirectly orindirectlyorthrough anagent,engagedor 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
directlyorindirectlyorthroughanagent,engagedorindulgedinanycorrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practices, as
the case may be.

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

(a) “corrupt practice” means the offering, giving, receiving or soliciting of anything of
value,pressurizingtoinfluencetheactionofapublicofficialintheprocessoftendering and
execution of the project;

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

factsordisclosureofincompletefacts,inordertoinfluencetheBiddingProcess;

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

directlyorindirectly,anypersonorpropertytoinfluenceanyperson‟s participation or action
in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person connected withor
employed or engaged bytheAuthoritywith the objectiveofcanvassing, lobbyingorin
anymannerinfluencing or attempting to influence the Bidding Process; or (ii) having a
Conflict of Interest; and

(e) “restrictive practice” means forming a cartelorarrivingatany understandingor

arrangementamongBidderswiththeobjectiveof restrictingormanipulatinga
39
 fullandfaircompetition in the Bidding Process.
SECTION-5

PRE-BID CONFERENCE

5.1 Pre-BID conference of the Bidders shall be convened at the designated date, time
and place. A maximum of two representatives of prospective Bidders shall be
allowed to participate on production of authority letter from the Bidder.

5.2 During the course of Pre-Bid conference(s), the Bidders will be free to seek
clarifications and make suggestions for consideration of the [Link]
Authorityshallendeavourtoprovideclarificationsandsuchfurtherinformationasit
may,initssolediscretion,considerappropriateforfacilitatingafair,transparentand
competitive Bidding Process.
SECTION-6 MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and theCourts atAjmer, Rajasthan shall haveexclusive jurisdiction over
all disputesarisingunder,pursuanttoand/orinconnectionwiththeBidding Process.

6.2 The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at anytime,to;
(a) suspend and/ or cancel the Bidding Process and/ oramend and/or
supplement the Bidding Process or modify the dates or other terms and
conditionsrelatingthereto;
(b) consult with any Bidder in order to receive clarification or further
information;
(c) retain any information and/ or evidence submitted to the Authority by, on
behalfof,and/orin relation toanyBidder; and/or
(d) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalfofanyBidder.

6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully
and finallyfrom anyand all liabilityfor claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/ or
performance of any obligations hereunder, pursuant hereto and/ or in connection
with the Bidding Process and waives, to the fullest extent permitted by applicable
laws, anyand all rights and/ or claims it mayhave in this respect, whether actual or
contingent, whether present or in future.

40
 APPENDIX-IA
LETTER COMPRISINGTHE TECHNICAL BID
(ReferClause2.1.4, 2.11and 3.1.6)

Project Director
RSRDC, Unit Ajmer

Sub: BID for Upgradation and Construction work for Kekri to Deoli Section
on SH-26 from 2 lane to 4 lane from existing chainage 49/200 (As per existing
Km stone of SH-26) to terminating point of NH-52 at Km 146+330 in the
State of Rajasthan on Engineering Procurement and Construction (EPC)
(Total Design length – 53+100 Km).
DearSir,
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
[Link].

1. I/WeacknowledgethattheAuthoritywillberelyingontheinformationprovided
intheBIDandthedocumentsaccompanyingtheBIDforselectionofthe
ContractorfortheaforesaidProject,andwecertifythatallinformationprovided in the Bid and
its the Annexure I to VI along with the supporting documents are true and
correct;nothinghasbeenomittedwhichrenders suchinformation misleading; and all
documents accompanying the BID are true copies of theirrespective originals.

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

3. I/ We shall make available to the Authority any additional information it may find
necessaryorrequiretosupplementorauthenticatetheBID.

4. I/WeacknowledgetherightoftheAuthoritytorejectourBIDwithoutassigning any reason or

otherwise and hereby waive, to the fullest extent permitted byapplicablelaw, ourright to
challengethesameon anyaccount whatsoever.

5. I/ We certify that in the last two years, we/ any of the JV partners have neither failedto
perform for the works of Expressways, National Highways, ISC&EI, other road works,,
as evidencedbyimpositionofapenaltybyanarbitralorjudicialauthorityora judicial
pronouncement or arbitration award against us, nor been expelled or terminated by
Ministry of Road Transport & Highways or its implementing agencies for breach on our
part.

6. I/Wedeclarethat:
a. I/WehaveexaminedandhavenoreservationstotheBiddingDocuments,including
anyAddendum issued by the Authority; and
b. I/WedonothaveanyconflictofinterestinaccordancewithClauses2.2.1 (c) and 2.6.4 of the
RFP document; and
c. I/Wehavenotdirectlyorindirectlyorthroughanagentengagedorindulged
inanycorruptpractice,fraudulentpractice,coercivepractice,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
41
 intowiththeAuthorityoranyotherpublicsectorenterpriseorany government,
CentralorState;and
d. I/Weherebycertifythatwehavetakenstepstoensurethatinconformity
withtheprovisionsofSection4oftheRFP,nopersonactingforusoronourbehalfhasengagedorwi
llengageinanycorruptpractice,fraudulent practice,coercivepractice,undesirablepracticeor
restrictivepractice;and
e. theundertakingsgivenbyusalongwiththeApplicationinresponsetothe 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.

7. I/WeunderstandthatyoumaycanceltheBiddingProcessatanytimeandthat you are neither

bound to accept any BID that you may receive nor to invite theBidders to BID for the
Project, without incurring any liability to the Bidders, in accordancewithClause2.16.2
oftheRFPdocument.

8. 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 theRFP document.

9. I/ We declare that we/ any Member of the Joint Venture or our/Joint Venture member,
are not a Member of anyotherJoint Venturesubmitting a BID fortheProject.

10. I/Wecertifythatinregardtomattersotherthansecurityandintegrityofthe 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
regulatoryauthority 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.

11. I/ We further certify that in regard to matters relating to security and integrity of the
country, we/ any Member of the Joint Venture or any of our/their Joint venture member
have not been charge-sheeted by any agency of the Government or convicted by a Court
of Law.

12. I/Wefurthercertifythatnoinvestigationbyaregulatoryauthorityispendingeither against

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

13. I/ We further certify that we are not disqualified in terms of the additional criteria
specifiedbytheDepartmentofDisinvestmentintheirOMNo.6/4/2001-DD-II
dated13.7.01,acopyofwhichformspartoftheRFPatAnnexureVIIof Appendix-IA thereof.

14. I/ We undertake that in case due to any change in facts or circumstances during the
BiddingProcess,weareattractedbytheprovisionsofdisqualificationintermsof the guidelines
referred to above, we shall intimate the Authority of the same immediately.

15. I/We further acknowledge and agree that in the event such change in control occurs
[Link],notwithstandinganything

42
 to the contrary contained in the Agreement, be deemed a breach thereof, and the
AgreementshallbeliabletobeterminatedwithouttheAuthoritybeingliabletous in any
manner whatsoever.

16. I/ We hereby irrevocably waive any right or remedy which we may have at any stageat
law or howsoever otherwise arising to challenge or question any decision taken by
theAuthorityinconnectionwiththeselectionoftheBidder,orinconnectionwith the Bidding
Process itself, in respect of the above mentioned Project and theterms and
implementation thereof.

17. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter intoa
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.

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

19. Deleted.

20. TheBidsecurityintheformofAppendixIIisattached.

21. The documents accompanying the Technical BID, as specified in Clause 2.11.1 of the
RFP, have been submitted in separate files.

22. 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/Contractisnotawardedtome/usorourBIDisnotopenedorrejected.

23. TheBIDPricehasbeenquotedbyme/usaftertakingintoconsiderationall the terms and

conditions stated in the RFP, draft Agreement, our ownestimates of costs and after a
carefulassessment of the site and alltheconditions thatmay affectthe project cost and
implementation of the project.

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

25. {We,theJointVentureagreeandundertaketobejointlyandseverallyliableforall
theobligationsoftheEPC ContractorundertheContract Agreement}.

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

27. 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.

28. Inwitnessthereof,I/wesubmitthisBIDunderandinaccordancewiththetermsofthe RFP

document.

43
Date: (Signature,nameanddesignation
Place: oftheAuthorisedsignatory)

Name&sealofBidder/LeadMember

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it,and„Deleted‟maybeindicatedthere

44
 APPENDIX-IB
LettercomprisingtheFinancialBID
(ReferClauses2.1.4,2.11and3.1.6)
Project Director Dated:
RSRDC, Unit Ajmer

Sub: BID for Upgradation and Construction work for Kekri to Deoli Section on
SH-26 from 2 lane to 4 lane from existing chainage 49/200 (As per existing Km
stone of SH-26) to terminating point of NH-52 at Km 146+330 in the State of
Rajasthan on Engineering Procurement and Construction (EPC) (Total Design
length – 53+100 Km)

DearSir,

With reference to your RFP document dated *** **$, I/we, having
examinedtheBiddingDocumentsandunderstoodtheircontents,herebysubmitmy/ourBIDfor
the [Link].

2. I/WeacknowledgethattheAuthoritywillberelyingontheinformationprovided
intheBIDandthedocumentsaccompanyingtheBIDforselectionofthe
ContractorfortheaforesaidProject,andwecertifythatallinformationprovided 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. TheBIDPricehasbeenquotedbyme/usaftertakingintoconsideration all the terms and

conditions stated in the RFP, draft Agreement, our own estimates of costs and after a
careful assessment of the site and all the conditions that may affectthe project cost and
implementation of the project.

4. I/WeacknowledgetherightoftheAuthoritytorejectourBIDwithoutassigning any reason

or otherwise and hereby waive, to the fullest extent permitted byapplicablelaw,
ourright to challengethesameon anyaccount whatsoever.

5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter
intoaAgreementinaccordancewiththedraftthathasbeenprovidedtome/uspriorto
[Link] agree to abide
by the same.

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

Yoursfaithfully,

Date: (Signature,nameanddesignationof
the
Place: AuthorisedSignatory)
Name&sealofBidder/LeadMember:..........
ClassIIIDSCIDofAuthorisedSignatory:.............

45
 AppendixIA
Annex-I
ANNEX-I
Detailsof Bidder
1. (a) Name:
(b) Countryofincorporation:
(c) Addressofthecorporateheadquartersanditsbranchoffice(s),ifany,in
India:
(d) Date ofincorporation and/or commencementofbusiness:

2. Brief description of the Bidder including details of its main lines

ofbusiness 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) TelephoneNumber:
(f) E-Mail Address:
(g) Fax Number:

4. ParticularsoftheAuthorisedSignatoryoftheBidder:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class IIIDigitalSignatureCertificateIDnumber

5. Incaseof aJointVenture:
(a) Theinformationabove(1-4)shouldbeprovided foralltheMembersofthe Joint
Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should
be attachedto the Application.
(c) InformationregardingtheroleofeachMembershouldbeprovidedaspertable below:
Sl. NameofMember Role* Share of work in
{Refer Clause theProject{ReferClauses
2.1.11(d)}$ 2.1.11(a),(f)&(g)}
1.
2.
3.
*Theroleof eachMember,asmaybedeterminedbytheApplicant,shouldbe indicated in
accordance with instruction 4 at Annex-IV.
………contd

$
AllprovisionscontainedincurlyparenthesisshallbesuitablymodifiedbytheApplicanttoreflectthe particulars relating
to such Applicant.

46
 AppendixIA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14foreach Member
of the Joint Venture:
Nameof Applicant/memberof Joint Venture:
Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint Venture been
barred by the Ministry of Road Transport &
Highways or its implementing agencies and Public
Works Department, RSRDC or any other Central or
Rajasthan State Govt Agency for the
worksofExpressways,NationalHighways,ISCand
Elworks, or any other Road works from
participatinginbidding.
2 Iftheanswerto1isyes,doesthebar subsistason BID due
date.

6(a) I /Wecertify thatinthelasttwoyears,we/anyoftheJVpartnershaveneither failed to

perform for the works of Expressways, National Highways, ISC&EI or any Other Road
works, as evidenced by imposition of a penalty by an arbitral or judicial authority or a
judicial pronouncementorarbitralaward againstus,norbeen
expelledorterminatedbyMinistryof Road Transport & Highways or its implementing
agencies and Public Works Department, RSRDC or any other Central or Rajasthan State
Govt Agency 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 or any Other Road works of Ministry of
Road Transport & Highways or its implementing agencies and Public Works Department,
RSRDC or any other Central or Rajasthan State Govt Agency and furnished the complete
details.

7(a)I/ Wefurther certifythat noinvestigationbya regulatoryauthorityis pendingeither against

us/anymember of Joint Venture or our sister concern or against our CEO or anyof 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 bytheBidderand each of the Members of itsJoint Venture (whereapplicable)

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 theBidder/Memberof JV:

Sr. CategoriesofNon-Performer Project1 Project2

No.

47
(i) Fails to complete or has missed more than two milestones
in already awarded two or more projects, even after lapseof
6 months from the scheduled completion date, unless
Extension of Time has been allowed on the
recommendations of the Project Management Consultant
due to Authority's default;
(ii) Fails to complete a project, as per revised schedule, for
which One Time Fund Infusion (OTFI) has beensanctioned
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 Project Management Consultant 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 Project Management Consultant on the designs/
worksconstructedbytheBidderpendingformorethanone year
in two or more projects.
(vii) Failstomakepremiumpaymentsexcludingthecurrent
instalment in one or more projects.
(viii) Damages/Penalties recommended by the Project
Management Consultant 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) FailstosubmitthePerformanceSecuritywithinthe permissible
period in more than one project(s).
(xi) Rated as an unsatisfactory performing entity/ non-
performingentitybyanindependentthirdpartyagencyand 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 or any Other Road works of Ministry of Road Transport &
Highways or its implementing agencies and Rajasthan State Govt Department that we/ any
of the JV partners do not fall in any of the above categories of being a Non-Performing
entity.

48
(Signature,nameanddesignationoftheauthorisedsignatory)
Forandonbehalfof……………………………………..

49
 Annex-II
ANNEX-II
TechnicalCapacityoftheBidder@
(RefertoClauses2.2.2.2,2.2.2.5and2.2.2.7oftheRFP)
Applicant Project Cate- Experience**([Link])$$ Technical
type Code* gory$ Payments received for Value of self- Experience£
constructionofEligible constructioninEligible
Projects in Categories3 Projects in Categories 1
&4 and 2
(1) (2) (3) (4) (5) (6)
Single entity a
Bidder or Lead b
Member c
includingother d
membersofthe e
Joint Venture f
AggregateTechnicalExperience=
@
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 [Link](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
[Link](i)(c)andforCategories3and4,includeonlythoseprojectswherethepayments received exceed
the amount specified in Clause [Link](ii). In case the Bid Due Date falls within3 (three) months
of the close of the latest financial year, refer to Clause 2.1.13.

*[Link].
$
ReferClause2.2.2.5(i)

** Construction shall not include supply of goods or equipment except when such goods or
equipment form partof aturn-keyconstructioncontract/EPCcontract forthe project. Inno
caseshallthecostofmaintenance andrepair,operationofHighwaysandlandbeincluded while
computing the Experience Score of an Eligible Project.
$$
For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**) 2to a US
Dollar.
£
. In the case of an Eligible Project situated in an OECD country, the Experience Score soarrived
at shall be further multiplied by 0.5, in accordance with the provisions of Clause [Link](ii) and
the product thereof shall be the Experience Score for such Eligible Projects.

2
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the Reserve
BankofIndiafortherelevantdate.Whererelevantdateshouldbeasonthedate28(twentyeight)dayspriorto the Application
Due Date.

50
NOTE: IncaseofaJointVenture,informationinAnnex-IIandAnnex-IVofAppendix-Ishall be
provided separately for other Members so as to establish that each such Member has 20percent or
more of the Threshold Technical Capacity. (Refer Clause [Link]).

51
 Annex-III
ANNEX-III
FinancialCapacity oftheBidder
(RefertoClauses2.2.2.3,[Link](i),[Link](iii)oftheRFP)
([Link]$)
Biddertype NetCashAccruals NetWorth£
Year1 Year2 Year3 Year4 Year5 Year1
SingleentityBidderorLeadMember
includingothermembersoftheJoint
Venture
TOTAL

Biddertype AnnualTurnover Average

Year1 Year2 Year3 Year4 Year5
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
Singleentity 1.00 1.05 1.10 1.15 1.20
Bidder or
LeadMember
including
other
members of
the Joint
Venture

Name&addressofBidder’sBankers:
$
Forconversionofothercurrenciesintorupees,seenotebelowAnnex-II ofAppendix-I.
£
TheBiddershouldprovidedetailsofitsownFinancialCapacity.

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) reflectthefinancialsituationoftheBidder;
(b) beauditedbyastatutoryauditor;
(c) becomplete,includingallnotestothefinancialstatements;and
(d) correspond to accounting periods already completed and audited (no statementsfor
partial periods shall be requested or accepted).
2. NetCashAccrualsshallmeanProfitAfterTax+Depreciation.

52
3. Net Worth (the “Net worth”) shall meansthe aggregate value of the paid-up share
capitalandallreservescreatedoutoftheprofitsandsecuritiespremiumaccount, after
deducting the aggregate value of the accumulated losses, deferred expenditureand
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. TheBiddershallalsoprovidethenameandaddressoftheBankerstotheBidder.

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 [Link] (ii) of the RFP document.

53
 AppendixIA
Annex-IV
ANNEX-IV
DetailsofEligibleProjects
(RefertoClauses2.2.2.2,2.2.2.5and2.2.2.7oftheRFP)
ProjectCode: Entity:Self/Members:
Item Refer Particularsofthe
Instruction Project
Title&natureoftheproject
Category 5
Year-wise 6
(a) payments received for construction or work executed
and certified by the Engineer-in-charge/Independent
Engineer/Authority‟ Engineer, and/or
(b) revenuesappropriatedforselfconstructionunder
PPPprojects
Entity forwhichtheprojectwasconstructed 7
Location
Projectcost 8
Dateofcommencementofproject/contract
Dateofcompletion/commissioning 9
Equityshareholding(withperiodduringwhichequity 10
washeld)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
[Link]
[Link] (i) and [Link] (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 ProjectCodeswouldbe a,b,c, detc.
3. AseparatesheetshouldbefilledforeachEligibleProject.
4. IncasetheEligibleProjectrelatestootherMembers,write“Member”.
5. Refer toClause2.2.2.5oftheRFPforcategorynumber.
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 beprovided
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 [Link](i)(c).In case of
Categories3and4,paymentsreceivedonly in respect ofconstructionshouldbe
provided,butonly if the amount received exceeds the minimum specified in Clause
[Link](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
detailsofowner/Authority/Agency([Link],counterpartyto

54
 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 [Link](i) and
[Link](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 Categories1and2,theequity shareholdingoftheBidder,inthe company owning
theEligibleProject,heldcontinuously duringtheperiodforwhichEligibleExperience is
claimed, needs to be given (Refer Clause [Link](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. CertificatefromtheBidder‟sstatutoryauditor$oritsrespectiveclientsmustbe
[Link] 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 [Link] (i) (d):
CertificatefromtheStatutoryAuditorregardingPPPprojectsФ
Basedonitsbooksofaccountsandotherpublishedinformationauthenticatedbyit,thisisto
certifythat……………………..(nameoftheBidder)is/wasanequityshareholderin
………………..(titleoftheprojectcompany)andholds/heldRs........................................ cr.(Rupees
…………………………..crore)ofequity(whichconstitutes .................. %€ofthetotalpaidupand
subscribedequitycapital)oftheprojectcompanyfrom…………...(date)to……………..
(date)¥Theprojectwas/iscommencedon………(date)and likelytobecommissionedon
….................. (dateofcommissioningoftheproject).
WefurthercertifythatthetotalestimatedcapitalcostoftheprojectisRs ................................. cr.(Rupees
…........................ crore),ofwhichtheapplicanthasitselfundertakentheconstructionofproject
of Rs. ………(Rupees ………. Crores) excluding any part of the project for which anycontractor,
sub-contractor or other agent was appointedfor the purpose of construction as perClause [Link]
(i) (d) by the aforesaid Applicant itself, during the past five financial years as per year-wise
details noted below:
………………………
………………………
Nameofthe auditfirm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)

$
In case duly certified audited annualfinancial statements containing the requisite details are provided, a
separatecertification by statutory auditors would not be necessary.
£
ReferClause2.2.2.5oftheRFP.
Ф ProvideCertificateas [Link] Explanatory Notes totheCertificate,[Link] auditor means
the entity that audits and certifies the annual accounts of the company.
€
Referinstructionno.10inthisAnnex-IV.
¥
IncasetheprojectisownedbytheApplicantcompany,thislanguagemaybesuitablymodifiedtoread:“Itis
certifiedthat……………..(nameofApplicant)constructedand/orownedthe ................................. (nameofproject)from
………………..(date)to ................................. (date).”
55
14. If the Bidder is claiming experience under Category 3 & 4 ,as per Clauses [Link] and
[Link](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:
CertificateregardingconstructionworksФ
Based on its books of accounts and other published information authenticated by it,
Thisistocertifythat……………………..(nameoftheBidder)wasengagedby
………………..(title of the project company) to execute ……………… (name ofproject)
for …………………. (nature of project). The construction of the project
commencedon…………..(date)andtheprojectwas/islikelytobecommissionedon
…................. (date,ifany).ItiscertifiedthatBidderreceivedpaymentsfromitsClients
for ConstructionWorksexecutedby themorworkexecutedandcertified by the Engineer-in-
charge/Independent Engineer/Authority‟s Engineer, in the aforesaid construction works.
WefurthercertifythatthetotalestimatedcapitalcostoftheprojectisRs .................................... 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
asperyear-wisedetailsnotedbelow:
………………………
………………………
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.v
Wefurthercertifythatapplicanthas ashareof%intheJointVenture/Consortium.

(AuthorizedSignatory)

Date:

15. Itmaybenotedthatintheabsenceofanydetailintheabovecertificates,the information would be

considered inadequate and could lead to exclusion of the relevant project in computation
of Experience.

ReferClauses2.2.2.5and2.2.2.6(ii)oftheRFP.
ФProvide 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
othermember(s)isalsoexecutedbytheapplicant,thenthisfactshouldalsobecertifiedbytheStatutoryAuditor and accordingly
the language may be suitably modified.
vThis 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.
Thisportionmaybeomittedifthecontractdidnotinvolveapartnership/[Link] executed by
partnership/ joint venture, this paragraph may be deleted.

56
 Appendix-IA
Annex-V

ANNEX-V
StatementofLegalCapacity

(Tobe forwardedontheletterheadoftheApplicant/LeadMemberofJointVenture)

[Link]:

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

DearSir,

We hereby confirm that we/ our members in the Joint Venture (constitution of which has been
describedintheapplication)satisfythetermsandconditionslaidoutintheRFPdocument.

Wehaveagreedthat ...................................... (insertmember‟sname)willactastheLeadMember

ofourJointVenture.*

Wehaveagreedthat ................................... (insertindividual‟sname)willactasourrepresentative/

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.

Thankingyou,

Yoursfaithfully,

(Signature, name and designation of the authorised signatory) For

and on behalf of……………………………..

*Pleasestrikeoutwhicheverisnotapplicable.

57
 Appendix-IA
Annexure-VI

InformationrequiredtoevaluatetheBIDCapacityunderclause2.2.2.1:

Tocalculatethevalueof“A”and“C”
1. AtablecontainingvalueofCivilEngineering WorksinrespectofEPCProjects (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):
Sl. Year Value o f Amount of Net Value
No. CivilEngg. bonus (Rs. excluding
Works undertaken w.r.t. in Crores) bonus([Link]
EPC Projects including Crores)
bonus, if any (Rs. inCrores)
1 2024-25/2025
2 2023-24/2024
3 2022-23/2023
4 2021-22/2022
5 2020-21/2021
2. Maximum value of projects that have been undertaken during the F.Y. out of
[Link] (Rupees
).Further,valueupdatedtothepricelevelof the year
indicated in Appendix is as follows:
Rs. Crores x (Updation Factor as per Appendix) = Rs. Crores
(Rupees )
4. Deleted
………………………… ……………………..
…………………………. ……………………..
Signature, name and designation of Authorised
Signatory

Forandonbehalfof………………(Nameof
Date:
Place:

58
 Tocalculatethevalueof“B”
A table containing value of all the existing commitments and on-going works to be completed
during the next 02 years is as follows:

Sl. Name Percentageof Dater of Construction Valueof Valueof Balance Anticipated Balancevalueof
No. ofProje participation start/ periodasper contractas work value of dateof work at 2024-25/
ct/ of Bidder in appointed Agreement/ per completed worktobe completion 2025price level
Work theproject dateof LOA Agreement completed
project /LOAβ

[Link] [Link] [Link] [Link]

Crore
1 2 3 4 5 6 7 8=(6-7) 9 10(3x8x#)

UpdationFactorasgivenbelow:
ForYear F.Y./CalendarYear UpdationFactor
1 2024-25/2025 1.00
2 2023-24/2024 1.05
3 2022-23/2023 1.10
4 2021-22/2022 1.15
5 2020-21/2021 1.20
The Statement showing the value of all existing commitments, anticipated value of work to be
completedintheperiodofconstructionoftheprojectforwhichbidisinvitedandongoing 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/andothermemberM/s………………..andM/s
……………….,asonbidduedateofthisRFP.
…………………….. …………………………
…………………….. ………………………….
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)
Forandonbehalfof............................. (Name
Place:
ofthe Bidder)
Date:
Place:

β
In casebalanceperiodofconstructionis less than the valueof period of construction of theproject forwhich 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 bementioned. 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.
59
 APPENDIX-IA
AnnexureVII
GuidelinesoftheDepartmentofDisinvestment
(ReferClause1.2.1)

No.6/4/2001-DD-II
Government of India
Department of Disinvestment
Block14,CGOComplex
NewDelhi.
th
Dated13 July,2001.

OFFICEMEMORANDUM

Sub:GuidelinesforqualificationofBiddersseekingtoacquirestakesinPublicSector 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 publicsector
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 natureof 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
anoffencecommittedbythebiddingpartyorbyanysisterconcernofthe bidding party
would result in disqualification. The decision in regard to the relationship between
the sister concerns would be taken, based on the relevant facts and afterexamining
whether the two concerns are substantially controlledby 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 merelybecause
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.

60
 Appendix-
IAAnnexure-
VII
Page-2

(e) Thedisqualificationcriteriawouldcomeintoeffectimmediately andwould 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 [Link] the
concern or its sister concern or against its CEO or any of its Directors/
Managers/employees,fulldetailsofsuchinvestigationincludingthenameof
theinvestigatingagency,thecharge/offenceforwhichtheinvestigationhas been
launched, name and designation of persons against whom the investigation has
been launched and other relevant information should be disclosed, to the
[Link],asimilarundertaking shall be
obtained along with EOI.

sd/-
([Link])
UnderSecretary totheGovernmentofIndia

61
 Appendix-IA
Annexure-VIII

Detailsofongoingworks(RefClause10.3(iv)ofDraftEPCAgreement)

S. Nameofthe ContractPrice Appointed Original LikelyDateof Reasonfor

No. work (INRCr) 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 ForceMajeure or for reasons solely attributable to the Authority, the
Biddershallbedeemedtobeineligibleforbiddingthisproject(underbidding),bothasthesoleparty 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.)

TobesupportedwithvalidcertificateissuedfromIndependentEngineer/Authority‟sEngineerProject
#

Management Consultant / Supervision Consultant / Engineer-in-charge

I/Wecertifythatalltheinformationfurnishedaboveistrueinallrespects.

… ................................................................. NameoftheBidder

Signature of theauthorizedsignatory:

Name of theAuthorisedSignatory:

Date:

Place:

62
 APPENDIX-II
Bank Guarantee for BID Security
(Refer Clauses 2.20)
[Link]:
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
includeits,successorsandassigns)havingagreedtoreceivetheBIDof............................................... and
havingitsregisteredofficeat ........................................... (andactingon behalfofitsJV)(hereinafter
referredtoasthe“Bidder”whichexpressionshallunlessitbe repugnanttothesubjector 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……………issuedinrespectoftheProject andotherrelateddocumentsincluding without
limitation the draft contract Agreement(hereinafter collectively referred to as “Bidding
Documents”),we(NameoftheBank)having ourregisteredofficeat .......................................... andone
ofitsbranchesat....................................... (hereinafterreferredtoasthe“Bank”),attherequestof
the Bidder, do hereby in terms of Clause 1.2.4 read with Clause 2.20 of the RFP Document,
irrevocably,unconditionallyand withoutreservationguaranteethedueandfaithful fulfilment and
compliance of the terms and conditions of the Bidding Documents
(includingtheRFPDocument)bythesaidBidderandunconditionallyand 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
failto fulfil or complywith all or any of thetermsand conditionscontained in the said Bidding
Documents.
2. Any such written demand made by the Authority stating that the Bidder is in default of the
due and faithful fulfilment and compliance with the terms and conditions contained in the
Bidding Documents shall be final, conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due andpayableunder
this Guarantee without any demur, reservation, recourse, contest or protest and withoutany
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 Authoritystating
that the amount claimed is due to the Authority by reason of failure of the Bidder tofulfil and
comply with the terms and conditions contained in the Bidding Documentsincluding failure ofthe
said Bidder to keep its BID open during the BID validity period as setforth in the saidBidding
Documents for any reason whatsoever. Any such demand made onthe Bank shall be conclusive
as regards amount due and payable by the Bank under thisGuarantee. However, our
liabilityunderthisGuaranteeshallberestrictedtoanamountnotexceedingRs.*****(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,
andagreed to by the Bank, and shall continue to be enforceable till all amounts under
thisGuarantee have been paid.
63
5. We, the Bank, further agree that the Authority shall be the sole judge to decide asto whether
the Bidder is in default of due and faithful fulfilment and compliancewith the terms and
conditions contained in the Bidding Documents including,inter alia, the failure of the Bidder to

63
keep its BID open during the BID validity period setforth in the said Bidding Documents, and
the decision of the Authority that the Bidder is indefault as aforesaid shall be final and binding
on us, notwithstanding any differencesbetween 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 windingup of the
Bidder or the Bank or any absorption, merger or amalgamation of the Bidder orthe Bank withany
other person.
7. Inordertogivefulleffectto this Guarantee,the Authority shallbeentitledto treatthe Bankas the
principal debtor. The Authority shall have the fullest liberty without affecting in anyway the
liability of the Bank under this Guarantee from time to time to vary any of the termsand
conditions contained in the said Bidding Documents or to extend time for submission ofthe BIDs
or the BID validity period or the period for conveying acceptance of Letter ofAward by the
Bidder or the period for fulfilment and compliance with all or any of the termsand conditions
contained in the said Bidding Documents by the said Bidder or to postpone forany time and from
time to time any of the powers exercisable by it against the said Bidderand eitherto enforce or
forbear from enforcing any of the terms and conditions contained inthe saidBidding Documents
or the securities available to the Authority, and the Bank shallnot bereleasedfromitsliability under
thesepresentsbyany exerciseby theAuthority oftheliberty with reference to the matters aforesaid
or by reason of time being given to the saidBidder or any otherforbearance,actor
omissiononthepartoftheAuthority oranyindulgenceby the Authority to the said Bidder or by any
change in the constitution of theAuthority or itsabsorption, merger or amalgamation with any
other person or any othermatter or thingwhatsoever whichunderthe law relating to
suretieswouldbutfor thisprovisionhave the effect of releasing the Bank from its such liability.
8. Anynoticebywayofrequest,demandorotherwisehereundershallbesufficientlygiven
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 addressedto[name
of Bank along with branch address] and delivered at our above branch which shall bedeemed to
have been duly authorized to receive the said notice of claim.
10. It shall not be necessary for the Authority to proceed against the said Bidder
beforeproceeding against the Bank and the guarantee herein contained shall be enforceable
againstthe Bank, notwithstanding any other security which the Authority may have obtained
fromthe said Bidder or any other person and which shall, at the time when proceedings are
takenagainst the Bank hereunder, be outstanding or unrealized.
11. We, the Bank, further undertake not to revoke this Guarantee during its currency exceptwith
the previous express consent of the Authority in writing.
12. The Bank declares that it has power to issue this Guarantee and discharge the
obligationscontemplatedherein,theundersignedisduly authorizedandhasfullpowerto execute
thisGuarantee for and on behalf of the Bank.
13. Forthe avoidanceofdoubt,theBank‟s liability under thisGuaranteeshallberestricted toRs. ***
crore (Rupees *** ** crore only). The Bank shall be liable to pay the said amountor any part
thereof only if the Authority serves a written claim on the Bank in accordancewith paragraph 9
hereof, on or before [*** (indicate date falling 180 days after the BID DueDate)].
14. This guarantee shall also be operatable at our……………….. Branch at………, fromwhom,
confirmation regarding the issue of this guarantee or extension / renewal thereofshall be made
[Link]

64
thereunder claimed, the said branch shall accept such invocation letter and makepayment of
amounts so demanded under the said invocation.
15. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
MessagingSystem) platform & shall invariably send an advice of this Bank Guarantee to the
designatedbank of RSRDC Ltd Unit Ajmer details of which is as under:
[Link]. Particulars Details
1 NameofBeneficiary Project Director RSRDC Ltd., Ajmer,
Unit Office – M.D.S. University Campus,
Pushakar Bypass,
Ajmer -305009
2. NameofBank Canara Bank Ltd,

3. AccountNo. 120031550448

4. IFSCCode CNRB0002134

SignedandDeliveredby .......................................... Bank

BythehandofMr./Ms……………………..,its ...................................... andauthorizedofficial.

(SignatureoftheAuthorizedSignatory)
(Official-Seal)

65
 APPENDIX-III
FormatforPowerofAttorneyforsigningofBID
(ReferClause2.1.5)
Know all men by these presents, We…………………………………………….. (name of the
firm andaddressoftheregisteredoffice) dohereby irrevocably constitute,nominate, appoint
andauthorizeMr./Ms(name),……………………son/daughter/wifeof
……………………………… and presently residing at …………………., who is presently
employedwithus/theLeadMemberofourJointVentureandholdingthepositionof
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”)todoinournameandonourbehalf,allsuchacts,deedsandthingsasare necessary or required
in connection with or incidental to submission of our BID for theProject proposed or being
developed by the Managing Director, Rajasthan State Road Development & Construction
Corporation Ltd. (the “Authority”) including but not limited to signing and submission of all
applications, BIDs and otherdocuments and writings, participate in Pre-BID and other
conferences and providinginformation/ 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 ofourBID,andgenerally dealingwiththeAuthority
inallmattersinconnection 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
conferredbythisPowerofAttorneyandthatallacts,deedsandthingsdoneby oursaid Attorney in
exercise of the powers hereby conferred shall and shall always be deemed to have been done by
us.

INWITNESSWHEREOFWE, ............................... ,THEABOVENAMEDPRINCIPALHAVE

EXECUTEDTHISPOWEROFATTORNEYONTHIS………DAYOF………….2…..
For …………………………..
(Signature, name, designation and address)
of person authorized by Board Resolution
(incaseofFirm/Company)/partner incaseof
Witnesses: Partnershipfirm
1.
2.
Accepted
……………………………
(Signature)
(Name,TitleandAddressoftheAttorney) (Notarised)
Personidentifiedbyme/personallyappearedbeforeme/
Attested/Authenticated*
(*Notary tospecify
asapplicable)(SignatureNameandAddressofth
eNotary)

SealoftheNotary
[Link]
Date:………………

66
 Notes:
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when itis
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 charterdocuments
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
legalisedbytheIndianEmbassyandnotarisedinthejurisdictionwherethePowerofAttorney is being
[Link], the Power of Attorney provided by Bidders from countries that have signed the
Hague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if it
carries a conforming Appostille certificate.

67
 APPENDIX-IV

FormatforPowerofAttorneyforLeadMemberofJointVenture

(ReferClause2.1.6)

Whereasthethe Managing Director, Rajasthan State Road Development & Construction Corporation Ltd.
(“theAuthority”)hasinvitedBIDsforthe*****Project(the“Project”).

Whereas,……………………..,……………………..,and ............................................ (collectively

the“JointVenture”)beingMembersoftheJointVentureareinterestedinbiddingforthe
ProjectinaccordancewiththetermsandconditionsoftheRequestforProposal(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 JointVenture,
all acts, deeds and things as may be necessary in connection with the Joint Venture‟s BID for the
Project and its execution.

NOWTHEREFOREKNOWALLMENBYTHESEPRESENTS

We,……havingourregisteredofficeat…….,M/s.…..havingourregisteredofficeat…,
M/s.…havingourregisteredofficeat…..,and…..havingourregisteredofficeat..................................... ,
(hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate,constitute,appointandauthorizeM/S…….havingitsregisteredofficeat ............................... ,
being oneof theMembersof theJointVenture,asthe LeadMemberand trueandlawful 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 andany one of us during the bidding process and, in the event the JointVenture 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
submissionofitsBIDfortheProject,includingbutnotlimitedtosigningandsubmissionofall
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
undertakingsconsequentto acceptanceoftheBIDoftheJointVentureandgenerallyto 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
conferredbythisPowerofAttorney andthatallacts,deedsandthingsdoneby oursaid Attorney in
exercise of the powers hereby conferred shall and shall always be deemed to have been done by
us/ Joint Venture.

68
 INWITNESSWHEREOFWETHEPRINCIPALSABOVENAMEDHAVEEXECUTED THIS
POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

For……………………..(Signatur For……………………..(Signatur For……………………..(S

e) e) ignature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(TobeexecutedbyalltheMembersoftheJointVenture)

Witnesses:
1.
2.

Notes:
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when itis
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
legalisedbytheIndianEmbassyandnotarisedinthejurisdictionwherethePowerofAttorney is being
[Link], the Power of Attorney provided by Bidders from countries that have signed
theHague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if
it carries a conforming Appostillecertificate.

69
 APPENDIXV

FormatforJointBiddingAgreementforJointVenture

(ReferClause2.1.11)

(TobeexecutedonStamppaperofappropriatevalue)

THIS JOINT BIDDINGAGREEMENTis entered into on this the …………day of …………20…

AMONGEST

1. {…………Limited,andhavingitsregisteredofficeat ............................}(hereinafterreferred
toasthe“FirstPart”whichexpressionshall,unlessrepugnanttothecontextincludeits successors and
permitted assigns)

AND

2. {…………Limited,havingitsregisteredofficeat............................}and(hereinafterreferred
toasthe“SecondPart”whichexpressionshall,unlessrepugnanttothecontextincludeits successors and
permitted assigns)

AND

3. {…………Limited,andhavingitsregisteredofficeat ........................... }(hereinafterreferred

toasthe“ThirdPart”whichexpressionshall,unlessrepugnanttothecontextincludeits successors and
permitted assigns)

TheabovementionedpartiesoftheFIRST,{SECONDandTHIRD}PARTarecollectively referred to as
the “Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) [RAJASTHAN STATE ROAD DEVELOPMENT&CONSTRUCTION CORPORATION

LIMITED JAIPUR (Government of Rajasthan)](hereinafterreferredtoas the “Authority” which
expression shall, unless repugnant to the context or meaning thereof, include
itsadministrators,successors andassigns)has invitedbids(theBids”) 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.
(B) ThePartiesareinterestedinjointly biddingfortheProjectasmembersofaJoint
VentureandinaccordancewiththetermsandconditionsoftheRFPdocumentand other bid
documents in respect of the Project, and

70
(C) It isa necessary conditionunder the RFP documentthat the members of the Joint Venture
shall enter into a Joint Bidding Agreement and furnish a copy thereof with the
Application.

NOWITISHEREBYAGREED asfollows:

1. DefinitionsandInterpretations

InthisAgreement,thecapitalisedtermsshall,unlessthecontextotherwiserequires, have the

meaning ascribed thereto under the RFP.

2. JointVenture

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

2.2 ThePartiesherebyundertaketoparticipateintheBiddingProcessonlythroughthis Joint

Venture andnotindividually and/ orthroughany otherJointVenture 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 andawardedtheProject,itshallenterintoanEPCContract withthe Authority for
performing all its obligations as the Contractor in terms of the EPC Contract for the
Project.

4. RoleoftheParties

The Parties hereby undertake to perform the roles and responsibilities as describedbelow:

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

(b) PartyoftheSecondPartshallbe{theMemberoftheJointVenture;and}

(c) PartyoftheThirdPartshallbe{theMemberoftheJointVenture.}

5. JointandSeveralLiability

ThePartiesdoherebyundertaketobejointlyandseverallyresponsibleforall 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.

71
6. Share ofworkintheProject

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

FirstParty:
SecondParty:
{ThirdParty:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty one) per
cent of the total length of the project highwayif the Contract is allocated to the Joint
Venture.

7. RepresentationoftheParties

EachPartyrepresentstotheotherPartiesasofthedateofthisAgreementthat:

(a) SuchParty isduly organized,validly existing andingoodstanding under the laws of

its incorporation and has all requisite power and authority to enter intothis
Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has
been authorised by all necessary and appropriate corporate or governmentalaction
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 theJoint Venture
Member is annexed to this Agreement, and will not, to the best ofits knowledge:

(i) requireany consentorapprovalnotalready obtained;

(ii) violate any Applicable Law presently in effect and having applicability to
it;

(iii) violate the memorandum and articles of association, by-laws or other

applicable organisational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other

governmental authorisation, approval, judgement, order or decree or any
mortgage agreement, indenture or any other instrument to which such
Party isa party or by which such Party or any of itspropertiesor 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,haveamaterialadverseeffectonthefinancialconditionor

72
 prospectsorbusinessofsuchPartysoastopreventsuchPartyfrom 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) thereisnolitigationpendingor,tothebestofsuchParty'sknowledge, 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 orprospects 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
forceandeffectuntilProjectcompletion(the“DefectsLiabilityPeriod”)isachievedunder 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 incase the
Applicant is not pre-qualified.

9. Miscellaneous

9.1 ThisJointBiddingAgreementshallbegovernedbylawsof{India}.

9.2 ThePartiesacknowledgeandacceptthatthisAgreementshallnotbeamendedbythe 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 [Link],
SEALED AND DELIVERED

For andonbehalfof
LEADMEMBERby: SECONDPART THIRDPART
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
Inthepresenceof:

Notes:
1. ThemodeoftheexecutionoftheJointBiddingAgreementshouldbeinaccordancewiththe
procedure,ifany,laiddownbytheApplicableLawandthecharterdocumentsofthe

73
 executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and
documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of the
Joint Venture Member.
3. ForaJointBiddingAgreementexecutedandissuedoverseas,thedocumentshallbelegalised by the
Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been executed.

74
APPENDIX VI

Deleted

75
 Appendix-VII
(SeeClauses2.21)
FORMOFBANKGUARANTEE
[PerformanceSecurity/AdditionalPerformanceSecurity]
To
[nameofAuthority]
[addressofAuthority]

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”3).
ANDWHEREASwe,…………………..throughourbranchat ....................................... (the“Bank”)
have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by way of
Performance Security.

NOW,THEREFORE,theBankhereby,unconditionallyandirrevocably,guaranteesand 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 PeriodandMaintenance Period}underand inaccordancewiththe Contract, and
agrees and undertakes to pay to the Authority, upon its mere first written demand,and
without any demur, reservation, recourse, contest or protest, and without any reference to
the Contractor, such sum or sums up to an aggregate sum of the Guarantee Amount as the
Authority shall claim, without the Authority being required to prove or to show grounds
or reasons for its demand and/or for the sum specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank of [Project
Director, RSRDC Ltd. Unit-Ajmer, 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 onthe [Link] Bank further
agreesthat the Authority shallbe the sole judgeas to whether the Contractor is in default in
due and faithful performance of itsobligationsduringandunder the Contract
anditsdecisionthatthe Contractor is in default shall be final and binding on the Bank,
notwithstanding any differences between
theAuthorityandtheContractor,oranydisputebetweenthempendingbeforeany court,
tribunal, arbitrators or any other authority or body, or by the discharge of the Contractor
for any reason whatsoever.
3
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.

76
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 anyof
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 bereleased from
itsliability andobligationunderthese presentsby any exerciseby the Authority of the liberty with
reference to the matters aforesaid or by reason of time being givento the Contractor or any other
forbearance, indulgence, act or omission on the part of the Authority orof any other matter
orthing whatsoever whichunderany lawrelating to sureties andguarantors wouldbut for
thisprovision have the effect of releasing the Bank fromits liability and obligation under this
Guarantee and the Bank hereby waives all of its rights under any such law.

6. ThisGuaranteeisinadditiontoandnotinsubstitutionofanyotherguaranteeor security now or

which may hereafter be held by the Authority in respect of or relating to the
Contractorforthefulfillment,complianceand/orperformanceofalloranyoftheobligations 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
AuthorityontheBankunderthisGuaranteeallrightsoftheAuthorityunderthisGuarantee 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 theBank.

10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressedtotheBankatitsabovereferredbranch,whichshallbedeemedtohavebeenduly

77
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 duecourse
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.

11. ThisGuaranteeshallcomeintoforcewithimmediateeffectandshallremaininforce 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 ofthe Bank by:

(Signature)

(Name)

(Designation)

(CodeNumber)

(Address)

78
 Appendix-VIII
(SeeClauses3.3.4)
Format ofLOA
No.
Project Director,
RSRDC Ltd.,Unit- Ajmer,
Unit Office – M.D.S. University Campus,
Pushakar Bypass, Ajmer -305009
Dated,
To,
{NameofselectedBidder}
Subject:{projectdescription}-LetterofAcceptance(LOA)-Reg.
Reference:Yourbidforthesubjectworkdated……………..

Sir,
ThisistonotifyyouthatyourBiddated…………forexecutionofthe{project
description},atyourquotedbidpriceamountingtoRs.................................. /-{amountinwords}has
beendeterminedtobethelowestevaluatedbidandissubstantiallyresponsiveandhas been accepted.

3. YouarerequestedtoreturnaduplicateoftheLOAasanacknowledgementandsignthe Contract
Agreement within the period prescribed in Clause 1.3 of the RFP.

4. YouarealsorequestedtofurnishPerformanceSecurityforanamountof………………….
{and Additional Performance Security for an amount of ……………………….} as per
Clause 2.21 of the RFP within 10(Ten)daysof receipt of thisLetter of Acceptance
(LOA).IncaseofdelayinsubmissionofPerformanceSecurityandAdditional Performance
Security, if any, you may seek extension of time for a period not exceeding 15 (Fifteen) days
in accordance with Clause 2.21 of RFP.
5. In case of failure of submission of Performance Security, Additional Performance Security(if
any) and Security against Damages (if any) within the additional 15 (Fifteen) days’ time
period, the award shall be deemed to be cancelled andBidder shall be suspend from
participationinthetenderingprocessfortheworksofRSRDCfor a period of one year from the bid
due date of this work.

79
 Acceptedby:-
(NameofAuthorizedperson)
(Name of the sole bidder/lead partner of JV) Seal of Bidder

faithfully,
Yours

{authorizedsignatory}

80