Request for Proposal

For

UPGRADATION AND RECONSTRUCTION OF UJJAIN

SIMHASTH BYPASS ROAD FROM DESIGN CH. 0+000 TO
CH. 19+815 TOTAL LENGTH 19.815 KM, FOUR LANE
WITH PAVED SHOULDER CONFIGURATION IN THE
STATE OF MADHYA PRADESH ON EPC MODE

Under

Engineering, Procurement & Construction

(EPC) Mode

Madhya Pradesh Road Development Corporation

(M.P. State Highway Authority)
Government of Madhya Pradesh

July -2025

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 TABLE OF CONTENTS

Contents Page No.

S. No.
Notice inviting RFP 4
Disclaimer 5
Glossary 6
1 Introduction 7
1.1 Background 7
1.2 Brief description of Bidding Process 8
1.3 Schedule of Bidding Process 10

2 Instructions to Bidders 11
A General 11
2.1 General terms of Bidding 11
2.2 Eligibility and qualification requirement of Bidder 15
2.3 Proprietary Data 22
2.4 Cost of Bidding 22
2.5 Site visit and verification of information 23
2.6 Verification and Disqualification 23

B Documents 25
2.7 Contents of the RFP 25
2.8 Clarifications 25
2.9 Amendment of RFP 26

C Preparation and Submission of BIDs 27

2.10 Format and Signing of BID 27
2.11 Documents comprising Technical & financial BID 27
2.12 BID Due Date 29
2.13 Late BIDs 29
2.14 Procedure of e-tendering 29
2.15 Online opening of Bids 31
2.16 Rejection of BIDs 31
2.17 Validity of BIDs 31
2.18 Confidentiality 31
2.19 Correspondence with the Bidder 32

D BID Security 32
2.20 BID Security 32

3 Evaluation of Technical and Opening & Evaluation of financial 35

Bids
3.1 Evaluation of Technical BIDs 35
3.2 Opening and Evaluation of financial Bids 36
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 3.3 Selection of Bidder 36
3.4 Contacts during BID Evaluation 37
3.5 Correspondence with the Bidder 37
4 Fraud and Corrupt Practices 38
5 Pre-BID Conference 39
6 Miscellaneous 40
Appendices
IA Letter comprising the Technical BID 41
IB Letter comprising the Financial BID 45
II BID Security 59
III Format for Power of Attorney for signing of BID 62
IV Format for Power of Attorney for Lead Member of Joint Venture 64
V Format for Joint Bidding Agreement for Joint Venture 66
VI Integrity Pact Format 71
VII Form of Bank Guarantee (For Performance Security) 77
VIII Format of LOA 80

Annexure of Appendix 1A

I Details of Bidder 46
II Technical Capacity of the Bidder 49
III Financial Capacity of the Bidder 50
IV Details of Eligible Project 51
V Statement of legal capacity 53
VI Information required to Evaluate the Bid capacity 54
VII Guidelines of the Department of Disinvestment 56
VIII Details of ongoing Works 58

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 Madhya Pradesh Road Development
Corporation Limited
45A, Arera Hills, Bhopal, MP 462011
Notice Inviting Bid

NIT No. I/417293/674/MPRDC/Procu/2025 dated 05.08.2025

Madhya Pradesh Road Development Corporation represented by the Managing Director, M.P.
Road Development Corporation (the “Authority”) is engaged in the development of State
Highways. The MPRDC is a State Highway Authority, it has been decided to undertake
“Upgradation and reconstruction of Ujjain-Simhasth Bypass Road from Design Ch. 00+000 to Ch.
19+815 Total length 19.815 km, Four lane with paved shoulder configuration in the state of Madhya
Pradesh on EPC Mode.” through an Engineering, Procurement and Construction (EPC) Contract.
Madhya Pradesh Road Development Corporation (MPRDC) Government of Madhya Pradesh now
invites bids from eligible contractors for the following project: -

State Name of work Estimated Complet Maintenan

Project Cost ion ce period
(Rs. In Cr.) period
(excluding
GST)
Upgradation and reconstruction of
Ujjain-Simhasth Bypass Road from
Design Ch. 00+000 to Ch. 19+815 Rs. 430.38
Madhya 24
Pradesh
Total length 19.815 km, Four lane 05 Years
with paved shoulder configuration in Crores Months
the state of Madhya Pradesh on EPC
Mode.

The complete BID document can be viewed / downloaded from MP Tenders portal
[Link] from 14.08.2025 to 16.09.2025 (up to 15:30 Hrs Hrs. IST). Bid must be
submitted online only at [Link] on or before 16.09.2025 (up to 15:30 hours IST).
Technical submissions of the Bids received online shall be opened on 17.09.2025 (at 15:30 hours
IST).
Bid submitted through any other mode shall not be entertained. Please note that the Authority
reserves the right to accept or reject all or any of the BIDs without assigning any reason whatsoever.

Thanking you,

Yours faithfully,

Managing Director
Madhya Pradesh Road Development Corporation Limited

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 DISCLAIMER

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

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 GLOSSARY

Agreement As defined in Clause 1.1.4

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

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

Madhya Pradesh Road Development Corporation (MPRDC)

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 Government of Madhya Pradesh

SECTION 1

INTRODUCTION
1.1 Background

1.1.1 The Madhya Pradesh Road Development Corporation Ltd., Bhopal is engaged in the
development of State Highways and as part of this endeavour, the Authority has decided to
take up the upgradation of following road (the “Project”) Upgradation and reconstruction of
Ujjain-Simhasth Bypass Road from Design Ch. 00+000 to Ch. 19+815 Total length 19.815 km,
Four lane with paved shoulder configuration in the state of Madhya Pradesh on EPC Mode.
through an Engineering, Procurement and Construction (the “EPC”) Contract, and has
decided to carry out the bidding process for selection of a Bidder to whom the Project may
be awarded. A brief description of the project may be seen in the Information Memorandum
of the Project at the MP Tenders Portal website https:// [Link]. Brief particulars
of the Project are as follows:

Name of Road Total Estimated Project Bid Security Cost of Construction

Length of Cost (1% of Document Period +
Project in (Rs. In Cr.) EPC) (in Rs. (in Rs.) Maintenance
Km (excluding GST) Cr.) Period
Upgradation and
reconstruction of Ujjain-
Simhasth Bypass Road from
Design Ch. 00+000 to Ch.
24 Months +
19+815 Total length 19.815 19.815 430.38 Cr. 4.30 Cr. 50,000/-
5 Years
km, Four lane with paved
shoulder configuration in the
state of Madhya Pradesh on
EPC Mode.
1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing, engineering,
procurement and construction of the Project under and in accordance with the provisions of
an engineering, procurement and construction contract (the “EPC Contract”) to be entered
into between the Contractor and the Authority in the form provided by the Authority as part
of the Bidding Documents pursuant hereto. The Contractor shall also be responsible for the
maintenance of the project during the Defect Liability Period. The scope of work will
broadly include rehabilitation, upgradation and augmentation of the existing carriageway to
[Four-lane with shoulders] standards with construction of new pavement, rehabilitation of
existing pavement, construction and/or rehabilitation of major and minor bridges, culverts,
road intersections, interchanges, drains, etc. and maintenance of the Project during the
Defect Liability Period, which shall be 05 [five] years.

1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specified in the
clause 1.1.1 above. The assessment of actual costs, however, will have to be made by the
Bidders.

1.1.4 The Agreement sets forth the detailed terms and conditions for award of the project to the
Contractor, including the scope of the Contractor’s services and obligations.
1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with the terms set
forth in this RFP and other documents to be provided by the Authority pursuant to this RFP
(collectively the "Bidding Documents"), and all BIDs shall be prepared and submitted in
accordance with such terms on or before the BID due date specified in Clause 1.3 for
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 submission of BIDs (the “BID Due Date”).

1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a single stage two-part system (referred to as the "Bidding
Process") for selection of the Bidder for award of the Project. Under this process, the bid
shall be invited under two parts. Eligibility and qualification of the Bidder will be first
examined based on the details submitted under first part (Technical Bid) with respect to
eligibility and qualifications criteria prescribed in this RFP (the “Bidder”, which
expression shall, unless repugnant to the context, include the members of the Joint
Venture). The Financial Bid under the second part shall be opened of only those Bidders
whose Technical Bids are responsive to eligibility and qualifications requirements as per
this RFP.
[GOI has issued guidelines (see Annexure VII of Appendix-1A of RFP) for qualification of
Bidders seeking to acquire stakes in any public sector enterprise through the process of
disinvestment. These guidelines shall apply mutatis mutandis to this Bidding Process.
The Authority shall be entitled to disqualify any Bidder in accordance with the aforesaid
guidelines at any stage of the Bidding Process. Bidders must satisfy themselves that they are
qualified to bid, and should give an undertaking to this effect in the form at Appendix-IA].
1.2.2 The Bid shall be valid for a period of 180 days from the date specified in Clause 1.3 for
submission of BIDs.
1.2.3 The complete Bidding Documents including the draft Agreement for the Project is enclosed
for the Bidders. The Feasibility Report / Detailed Project Report prepared by the Authority/
consultants of the Authority (the "Feasibility Report/Detailed Project Report") is also
enclosed. The Feasibility Report / Detailed Project Report of the Project is being
provided only as a preliminary reference document by way of assistance to the Bidders who
are expected to carry out their own surveys, investigations and other detailed examination of
the Project before submitting their Bids. Nothing contained in the Feasibility
Report/Detailed Project Report shall be binding on the Authority nor confer any right on
the Bidders, and the Authority shall have no liability whatsoever in relation to or
arising out of any or all contents of the Feasibility Report/Detailed Project Report. The
aforesaid documents and any addenda issued subsequent to this RFP Document, will be
deemed to form part of the Bidding Documents. However, Feasibility Report / Detailed
Project Report prepared by the Authority/ consultants of the Authority (the "Feasibility
Report/Detailed Project Report") 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 deposit, along with its Bid, a Bid Security and Cost of RFP
Document of amount specified in clause 1.1.1 (the "Bid Security"). The Bid shall be
summarily rejected if it is not accompanied by the Bid Security.

1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at their cost,
such studies as may be required for submitting their respective BIDs for award of the
contract including implementation of the Project.

1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a Bidder
for implementing the Project (the "BID Price") which is including all taxes and Excluding
GST. 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.

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 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. If works are grouped in multiple
contracts, the Authority shall evaluate and compare Bids on the basis of a Package, or a
combination of Packages, or as a total of Packages in order to arrive at the least-cost
combination for the Authority in case of award of multiple Packages. 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 Any queries or request for additional information concerning this RFP shall be submitted
by e-mail to Chief Engineer (Procurement), MPRDC Bhopal, procu-mprdc@[Link]
with identification/ title: "Queries / Request for Additional Information: RFP for
“Upgradation and reconstruction of Ujjain-Simhasth Bypass Road from Design Ch.
00+000 to Design Ch. 19+815 Km in the State of Madhya Pradesh Total length 19.815
km, Four lane with paved shoulder configuration in the state of Madhya Pradesh On
EPC Mode.”.

1.2.10 A Bidder is required to submit, along with its technical BID, a self- certification that the item
offered meets the local content requirement for 'Class I local Supplier' / 'Class- Il local
Supplier', as the case may be. The self-certification shall also have details of the location(s) at
which the local value addition is made. In case, bidder has not submitted the aforesaid
certification the bidder will be treated as 'Non- Local Supplier'.

In the above pretext, the Class - I Local Supplier, Class II Local Supplier and the Non- Local
Supplier are defined as under:

(i) 'Class I local Supplier' means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content as prescribed for 'Class - I local
Supplier' under this RFP. The 'local content' requirement to categorize a supplier as 'Class I
local Supplier' is minimum 50%.

(ii) 'Class - Il local Supplier' means a supplier or service provider, whose goods, services or
works offered for procurement, meets the minimum local content as prescribed for 'Class - II
local Supplier' under this RFP. The local content' requirement to categorize a supplier as 'Class
I local Supplier' is minimum 20%.

(iii) 'Non - local Supplier' means a supplier or service provider, whose goods, services or
works offered for procurement, has local content less than that prescribed for 'Class- II local
supplier' under this RFP.

(iv) 'Local content' means the amount of value added in India which shall be the total value of
item procured (excluding net domestic indirect taxes) minus the value of imported content in
the item (including all customs duties) as a proportion of the total value, in percent

In case of procurement for a value in excess of Rs. 10 crores, the 'Class - I local supplier' /
'Class - II local supplier' shall provide a certificate from the statutory auditor or cost auditor of
the company (in case of companies) or from a practicing cost accountant or practicing

9
 chartered accountant (in respect of suppliers other than companies) giving the percentage of
local content.

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Sl. No. Event Description Date

1. Invitation (NIT) 05.08.2025
2. Publishing of Tender 14.08.2025
3. Start of Document Sale 14.08.2025
4. End of Document Sale 16.09.2025 upto 15: 30 Hrs
5. Last date of receiving of Pre-bid queries 21.08.2025
6 Pre-Bid meeting at venue mentioned at Clause
21.08.2025 at 15:30 Hrs.
2.11.4
7. Start of Bid Submission 04.09.2025
8. End of Bid Submission 16.09.2025 upto 15: 30 Hrs
9. Opening of Technical Bids at venue provided in
17.09.2025 at 15:30 Hrs
Clause 2.11.4
10. Declaration of eligible / qualified Bidders To be notified by Authority
11. Opening of Financial Bid To be notified by Authority
12. Letter of Award (LOA) To be notified by Authority
13. Validity of Bid 180 days from Bid Due Date
14. Submission of Performance Security Within 30 days of award of LOA
15. Signing of Agreement Within 30 days of award of LOA

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 SECTION-2
INSTRUCTIONS TO BIDDERS

A. GENERAL
2.1. General terms of Bidding

2.1.1 No Bidder shall submit more than one BID for the Project. A Bidder bidding
individually or as a member of a Joint Venture shall not be entitled to submit
another BID either individually or as a member of any Joint Venture, as the case may
be.

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

ensure that Power of Attorney is apostille by appropriate authority and requirement
of Indian Stamp Act is duly fulfilled.

2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft Agreement shall have overriding effect; provided, however, that
any conditions or obligations imposed on the Bidder hereunder shall continue to have
effect in addition to its obligations under the Agreement. Further, the statements and
explanations contained in this RFP are intended to provide a better understanding to the
Bidders about the subject matter of this RFP and should not be construed or interpreted
as limiting in any way or manner the scope of services and obligations of the Contractor
set forth in the Agreement or the Authority’s rights to amend, alter, change, supplement or
clarify the scope of work, the work to be awarded pursuant to this RFP or the terms
thereof or herein contained. Consequently, any omissions, conflicts or contradictions
in the Bidding Documents including this RFP are to be noted, interpreted and applied
appropriately to give effect to this intent, and no claims on that account shall be entertained
by the Authority.

2.1.4 The BID shall be furnished in the format exactly as per Appendix-I i.e. Technical Bid
as per Appendix IA and Financial Bid as per Appendix IB. BID amount shall be
indicated clearly in both figures and words, in Indian Rupees in prescribed format
of Financial Bid and it will be signed by the Bidder’s authorised signatory. In the
event of any difference between figures and words, the amount indicated in words shall be
taken into account.

2.1.5 The Bidder should submit a Power of Attorney as per the format at Appendix-III,
authorising the signatory of the BID to commit the Bidder.

2.1.6 In case the Bidder is a Joint Venture, the Members thereof should furnish a Power
of Attorney in favour of the Lead Member in the format at Appendix-IV. And joint bidding
agreement in the format at Appendix-V

2.1.7 Any condition or qualification or any other stipulation contained in the BID shall
render the BID liable to rejection as a non-responsive BID.

2.1.8 The BID and all communications in relation to or concerning the Bidding
Documents and the BID shall be in English language.

2.1.9 This RFP is not transferable.

2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of Bidding

11
 Documents and also fulfilling the criterion as mentioned in clause 2.2.

2.1.11 In case the Bidder is a Joint Venture, it shall comply with the following additional
requirements:

(a) Number of members in a Joint Venture shall not exceed 2 (Two);

(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 Venture. Other
Member(s) shall meet at least 20% requirement of Bid Capacity, Technical and
Financial Capacity required as per Clause [Link], [Link](i) & [Link] (except
otherwise specified in RFP) and the JV as a whole shall cumulatively/collectively
fulfil the 100% requirement; Provided further that, In the case of a Joint Venture
(JV), each member is required to hold a minimum of 26% (twenty six percent) in the
JV.

(d) the Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and defect
liability obligations;

(e) the Lead Member shall itself undertake and perform at least 51(fifty-one) per cent of
the total length of the Project Highway,

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

(i) Convey the commitment(s) of the Lead Member in accordance with this RFP, in
case the contract to undertake the Project is awarded to the Joint Venture; and
clearly outline the proposed roles & responsibilities, if any, of each member;
(ii) commit the approximate share of work to be undertaken by each member
conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint Venture shall be
liable jointly and severally for all obligations of the Contractor in relation to the
Project until the Defect Liability Period is achieved in accordance with the EPC
Contract; and

(g) except as provided under this RFP, there shall not be any amendment to the Jt.
Bidding Agreement.

(h) No Joint Venture up to Estimate Project Cost of Rs. 100 crores (One Hundred
Crores). However, Joint Venture for any Estimated Project Cost is permissible in
case of maintenance works to be taken up on EPC mode.

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2.1.12 While bidding is open to persons from any country, the following provisions shall apply:

(a) Where, on the date of the Application, not less than 50% (fifty percent) of the aggregate
issued, subscribed and paid up equity share capital in the L-1 Bidder or its Member is held
by persons resident outside India or where a Bidder or its Member is controlled by persons
resident outside India, then the eligibility and award of the project to such L-1 Bidder shall
be subject to approval of the competent authority from national security and public interest
perspective as per the instructions of the Government of India applicable at such time. The
decision of the authority in this behalf shall be final and conclusive and binding on the
Bidder.

(b) Further, where the LoA of a project has been issued to an agency, not covered under the
category mentioned above, and it subsequently wishes to transfer its share capital in
favour of another entity who is a resident outside India or where a Bidder or its Member is
controlled by persons resident outside India and thereby the equity capital of the transferee
entity exceeds 50% or above, any such transfer of equity capital shall be with the prior
approval of the competent authority from national security and public interest perspective
as per the instructions of the Government of India applicable at such point in time.

(2) The holding or acquisition of equity control, as above shall include direct or indirect
holding, acquisition, including by transfer of the direct or indirect legal or beneficial
ownership or control, by persons acting for themselves or in concert and in determining
such holding or acquisition, the Authority shall be guided by the principles, precedents
and definitions contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 2011, or any substitute thereof, as in
force on the date of such acquisition.

(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, the bid process shall be annulled and fresh bids invited.

2.1.13 Notwithstanding anything to the contrary contained herein, in the event that the Bid Due
Date falls within Three (3) months of the closing of the latest financial year of a Bidder, it
may ignore such financial year for the purposes of its Bid and furnish all its information
and certification with reference to the 5 (five) years or 1 (one) year, as the case may be,
preceding its latest financial year. For the avoidance of doubt, financial year shall, for the
purposes of a Bid hereunder, mean the accounting year followed by the Bidder in the
course of its normal business.

2.1.14 The Bidder, including an individual or any of its Joint Venture member, should not be a
non-performing party on the bid submission date. The Bidder, including any Joint
Venture Member, shall be deemed to be a non-performing party (not applicable to the
project whose contract is terminated by the 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 Independent Engineer due to Authority's default;

13
 ii. Fails to complete a project, as per revised schedule, for which One Time Fund
Infusion (OTFI) has been sanctioned by the Authority;
iii. Physical progress on any project is not commensurate with the funds released
(equity+debt+grant) from the escrow account and such variation is more than
25% in last one year as observed by the Independent Engineer in one or more
projects;
iv. Punch List Items in respect of any project are pending due to Bidder's default
in two or more Projects even after lapse of the prescribed time for completion
of such items;
v. Fails to fulfil its obligations to maintain a highway in a satisfactory condition
inspite of two rectification notices issued in this behalf;
vi. Fails to attend to Non-Conformity Reports (NCRs) issued by the Independent/
Authority’s Engineer on the designs/ works constructed by the Bidder pending
for more than one year in two or more projects.
vii. Fails to make premium payments excluding the current instalment in one or
more projects.
viii. Damages/ Penalties recommended by the Independent/ Authority’s Engineer
on the Bidder during O&M period and the remedial works are not taken up in
two or more projects.
ix. Fails to achieve financial closure in two or more projects within the given or
extended period (which shall not be more than six months in any case).
x. Fails to submit the Performance Security within the permissible period in
more than one project(s).
xi. Rated as an unsatisfactory performing entity/ non-performing entity by an
independent third-party agency and so notified on the website of the
Authority.
xii. Has Failed to perform for the works of Expressways, National Highways, ISC
& EI works in the last 2(two) years, as evidenced by imposition of a penalty
by an arbitral or judicial authority or a judicial pronouncement or arbitral award
against the Bidder, including individual or any of its Joint Venture Member, as
the case may be.
xiii. Has been expelled or the contract terminated by the Central/State
Government or its implementing agencies for breach by such Bidder,
including individual or any of its Joint Venture Member; Provided that any
such decision of expulsion or termination of contract leading to debarring
of the Bidder from further participation in bids for the prescribed period should
have been ordered after affording an opportunity of hearing to such party
The Bidder, including individual or each member of Joint Venture, shall give the list of
the projects of Expressways, National Highways, ISC and EI works of Central/State
Department/Undertaking and the status of above issues in each project as on the bid
submission date and undertake that they do not attract any of the above categories
(Ref. Sr. No.6, Annex-I of Appendix – IA).

The Bidder including individual or any of its Joint Venture Member may provide
(i) details of all their on-going projects along with updated stage of litigation, if so,
against the Authority / Governments;

14
 (ii) details of updated on-going process of blacklisting if so, under any contract
with Authority / Government; and
(iii) details of all their on-going projects in the format at Annexure-VIII of Appendix
IA (Ref Clause 10.3 (iv) of Draft EPC Agreement).
The Authority reserves the right to reject an otherwise eligible Bidder on the basis of
the information provided under this clause 2.1.14. The decision of the
Authority in this case shall be final.

2.1.15 All Orders of government of MP/any other Government agencies, as applicable and
prevalent on the date of LOA, shall be applicable.

2.1.16 Entities of countries which have been identified by Ministry of Road Transport &
Highways as not allowing Indian companies to participate in their 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. Eligibility and qualification requirements of Bidder

2.2.1 For determining the eligibility of Bidder the following shall apply:
(a) The Bidder may be a single entity or a group of entities (the “Joint Venture”), coming
together to implement the Project. The term Bidder used herein would apply to both a
single entity and a Joint Venture. However, in case the estimated cost of the project for
which bid is invited is upto Rs. 100 Crore, then Joint Venture shall not be allowed.

(b) Bidder may be a natural person, private entity, or any combination of them with a formal
intent to enter into a Joint Venture agreement or under an existing agreement to form a
Joint Venture. A Joint Venture shall be eligible for consideration subject to the conditions
set out in Clause 2.1.11 above.

(c) A Bidder shall not have a conflict of interest (“Conflict of Interest”) that affects the
Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified and
liable for forfeiture of the Bid Security or Performance Security as the case may be. A
Bidder shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:

(i) the Bidder, its Joint Venture Member (or any constituent thereof) and any other
Bidder, its Member or any Member of its Joint Venture thereof (or any constituent
thereof) have common controlling shareholders or other ownership interest; provided
that this disqualification shall not apply in cases where the direct or indirect
shareholding of a Bidder, or its Joint Venture Member thereof (or any shareholder
thereof having a shareholding of more than 5% (five percent) of the paid up and
subscribed share capital of such Bidder, or its Joint Venture Member, as the case
may be), in the other Bidder, its Joint Venture Member is less than 5% (five percent)
of the subscribed and paid up equity share capital thereof; provided further that this
disqualification shall not apply to any ownership by a bank, insurance company,
pension fund or a public financial institution referred to in section 4A of the
Companies Act 1956. For the purposes of this Clause 2.2.1(c), indirect shareholding
held through one or more intermediate persons shall be computed as follows: (aa)
where any intermediary is controlled by a person through management control or
otherwise, the entire shareholding held by such controlled intermediary in any other
person (the “Subject Person”) shall be taken into account for computing the
15
 shareholding of such controlling person in the Subject Person; and (bb) subject
always to sub-clause (aa) above, where a person does not exercise control over an
intermediary, which has shareholding in the Subject Person, the computation of
indirect shareholding of such person in the Subject Person shall be undertaken on a
proportionate basis; provided, however, that no such shareholding shall be reckoned
under this sub-clause (bb) if the shareholding of such person in the intermediary is
less than 26% of the subscribed and paid up equity shareholding of such
intermediary; or

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

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

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

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

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

(d) For determining the eligibility of Bidder from a country which shares a land border
with India the following shall apply:
i. Any Bidder from a country which shares a land border with India will be eligible to
bid, only if the Bidder is registered with the Competent Authority, specified in
Annexure I of Order (Public Procurement No. 1) issued by Ministry of Finance,
Department of Expenditure Public Procurement Division vide F. No. 6/18/2019-
PPD, dated 23rd July 2020, which shall form an integral part of RFP and DCA
(Copy enclosed).
ii. "Bidder from a country which shares a land border with India" means:
a. An entity incorporated, established or registered in such a country, or
b. A subsidiary of incorporated, an entity incorporated , established or
registered in such a country; or
c. An entity substantially controlled through entities incorporated, established
or registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A Consortium or joint venture where any member of the consortium or joint
venture falls under any of the above.

16
iii. Beneficial owner for the purpose of (ii) above means:
1. In case of a company or Limited Liability Partnership, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one
or more judicial person, has a controlling ownership interest or who
exercises control through other means.
Explanation:
a) "Controlling ownership interest" means ownership of or entitlement to
more than twenty-five per cent of shares or capital or profits of the
company.
b) "Control" shall include the right to appoint majority of the directors or to
control the management or policy decisions including by virtue of their
shareholding or management rights or shareholding agreements voting
agreements; or
2. In case of a partnership firm, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through one or one or
more juridical person: has ownership of entitlement to more than fifteen
percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the
beneficial owner is the natural person(s), who, whether acting alone or
together, or through one or more juridical person, has ownership of or
entitlement to more than fifteen percent of the property or capital or profits
of such association or body of individual;
4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position
of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries with
fifteen percent or more interest in the trust and any other natural person
exercising ultimate effective control over the trust through a chain of control
or ownership.
iv. An Agent is a person employed to do any act for another, or to represent another in
dealings with third person.
v. The Selected Bidder shall not be allowed to sub-contract works to any contractor
from a country which shares a land border with India unless such contractor is
registered with the Competent Authority. The definition of "contractor from a
country which shares a land border with India" shall be as in Clause 2.2.1(d) (ii)
above.
Certificate regarding Compliance:
A certificate on the letterhead of the Bidder shall be required to be submitted by the
bidders certifying the following:
"I have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to
contractors from such countries; I certify that this bidder is not from a country or, if
from such a country, has been registered with the Competent Authority as defined
in Public Procurement Order no. [Link].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."
17
 It may be noted that in case the above certification is found to be false, this would be
a ground for immediate rejection of Bid/termination and further legal action in
accordance with law.
Validity of Registration:
In respect of RFP, registration should be valid at the time of submission of bids and at
the time of acceptance of bids. If the Bidder was validly registered at the time of
acceptance, registration shall not be a relevant consideration during contract
execution.

2.2.2 Qualification requirements of Bidders:

[Link] BID Capacity

Bidders who inter alia meet the minimum qualification criteria will be qualified only if
their available BID capacity is more than the Estimated Project Cost (value as per Clause
1.1.1). The available BID capacity will be calculated as per following, based on
information mentioned at Annexure-VI of Appendix-IA:

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

N= Number of years prescribed for completion of work for which Bid is invited.

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

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

B = Value (updated to the price level of the year indicated in table at Note-3 below) of
existing commitments, works for which the bidder has emerged as the winner of
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 of clarification, 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 day before opening the financial bids shall also be considered
while calculating value of B.

C = The amount of bonus received, if any, in EPC Projects during the last 5 years
(updated to the price level of the year indicated in table at Note-3 below).

Note:
1. The Statement showing the value of all existing commitments, works for which the
contractor has emerged as the winner of the bid as given by bidder and ongoing works as
well as the stipulated period of completion remaining for each of the works listed should
be countersigned by the Client or its Engineer-in-charge not below the rank of Executive
Engineer or equivalent in respect of EPC Projects or Concessionaire / Authorised
Signatory of SPV in respect of BOT Projects and verified by Statutory Auditor.
2. The amount of bonus received, if any, in EPC Projects should be countersigned by
the Client or its Engineer-in-charge not below the rank of Executive Engineer or
equivalent in respect of EPC Projects.
3. The factor for the year for updation to the price level is indicated as under:
Year Year-1 Year-2 Year-3 Year-4 Year-5
18
 Updation factor 1.00 1.05 1.10 1.15 1.20
4. The bid capacity status of the bidder to be updated as on the day before opening the
financial bids.

[Link] Technical Capacity

(i) For demonstrating technical capacity and experience (the “Technical
Capacity”), the Bidder shall, over the past [5 (five)] financial years preceding the Bid
Due Date, have received payments for construction of Eligible Project(s), or has
undertaken construction works by itself in a PPP project, such that the sum total
thereof, as further adjusted in accordance with clause [Link] (i) & (ii), is more than
the Estimated Project Cost mentioned in Clause 1.1.1 of this RFP (the “Threshold
Technical Capacity”)2.

(ii) For normal Highway projects (including Major

Bridges/ROB/Flyovers/Tunnels):

Provided that at least either of the following:

1. Two (2) similar completed works costing not less than amount equal to 25% each of
Estimated Project Cost;
Or;
2. One (1) similar completed works costing not less than amount equal to 35% each of
Estimated Project Cost,

shall have been completed from the Eligible Projects in Category 1 and/or Category 3
specified in Clause [Link]. Certificate(s) from the concerned client(s) shall be required
for the same. In case the claimed project(s) are sub-contracted/JV project(s), in such
case(s) approval of from Govt. Authority/client is required (restricted to allowable sub-
contracting limit/JV share in original contract).

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 above mentioned criteria in last 5 (five) financial years preceding the Bid
Due Date or till the Bid Due Date. Eligible projects shall include the following:
(a) Widening/ reconstruction/ up-graduation works on NH/SH//Expressway or on any
category of road taken up under CRF, ISC/EI, SARDP, LWE
(b) Widening/ reconstruction/ up-gradation works on MDRs with loan assistance from
multilateral agencies or on BOT basis.
(c) Widening/reconstruction/ up-gradation works of roads in Municipal Corporation
limits, construction of Bypasses.
(d) Construction of Stand-alone bridges, ROBs, tunnels.
(e) Construction/ reconstruction of linear projects like airport runways.
(f) Viaduct of Railways/Metro
(g) Container yard of ports

If any Major Bridge/ROB/Flyover/Tunnel is (are) part of the project, then the sole Bidder
or in case the Bidder being a Joint Venture, any member of Joint Venture shall
necessarily demonstrate additional experience in construction of Major
Bridge/ROBs/Flyovers/Tunnel in the last 7 (seven) financial years preceding the Bid Due
Date or till the Bid Due Date i.e. shall have completed at least one similar Major
Bridge/ROB/Flyover having length equal to or greater than:

19
 (a) In case, longest span of Bridge/ROB/flyover is less than or equal to 60 m, no
additional qualification is required.
(b) when longest span is more than 60 m: 80% of the longest span or 100 m, whichever
is less, of the structure proposed in this project and 40% of the length of Major
Bridge/ROB/Flyover or 2 km, whichever is less, of the structure proposed in this
project.

(iii) Deleted

(iv) The updation factor to update the price of the eligible projects for the year
indicated in table below:

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

Updation factor 1.00 1.05 1.10 1.15 1.20

[Link] Financial Capacity:

(i) For the projects having Estimated Project Cost upto Rs. 100.00 Cr., the Bidder shall
have a minimum Net Worth (the “Financial Capacity”) of 5% (five percent) of the
Estimated Project Cost at the close of the preceding financial year. And for the projects
having Estimated Project Cost more than Rs. 100.00 Cr., the Bidder shall have a
minimum Net Worth (the “Financial Capacity”) of 10% (Ten percent) of the Estimated
Project Cost 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 20% (Twenty percent) of
the Estimated Project Cost for the last 5 (five) financial years.

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

Updation factor 1.00 1.05 1.10 1.15 1.20

[Link] In case of a Joint Venture:

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

(ii) For requirement of [Link] (ii) & (iii), one similar work of 35% or two similar
work of 25% each of Estimated Project Cost should have been completed from the
Eligible Projects in Category 1 and/or Category 3 individually by any of the JV
members as a single work.

[Link] Categories and factors for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 2.2.2 the following categories of experience would
qualify as Technical Capacity and eligible experience (the "Eligible Experience") in
relation to eligible projects as stipulated in Clauses [Link] (i) & (ii) (the "Eligible
20
 Projects"). In case the Bidder has experience across different categories, the
experience for each category would be computed as per weight of following factors to
arrive at its aggregated Eligible Experience:

Category Project / Construction experience on Eligible Projects Factors

1 Project in highways sector that qualify under 1
Clause [Link] (i)
2 Project in core sector that qualify under 0.75
Clause [Link] (i)
3 Construction in highways sector that qualify under Clause 1
[Link] (ii)
4 Construction in core sector that qualify under 0.75
Clause [Link] (ii)

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

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

(iii) For the purpose of this RFP:

(a) highways sector would be deemed to include highways, expressways, bridges, tunnels,
runways, Viaducts of Railways/ Metro, Container yard of ports and

(b) core sector would be deemed to include civil construction cost of power sector,
commercial setups (SEZs etc.), airports, industrial parks/ estates, logistic parks,
pipelines, irrigation, water supply, sewerage, stadium, hospitals, hotel, smart city,
warehouses/Silos, oil and gas and real estate development. Core sector will also
include the projects with the title of RIDF, PMGSY road, link road, city roads, rural
road, sector/municipality road, real estate projects which demonstrate road
development/ construction bridges or culverts, Performance-Based Maintenance
Contracting work (PBMC), O&M work, Short Term Maintenance Contract (STMC),
railways (construction/re-construction of railway tracks, etc.), metro rail and ports
(including construction/re-construction cost of Jetties, any other linear infrastructure
including bridges etc.).

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

of Joint Venture, the project cost should be restricted to the share of the
applicant in the joint venture for determining eligibility as per provision
under clause [Link] (ii). In case Statutory Auditor certifies that, the work of
other member(s) is also executed by the applicant, then the total share
executed by applicant can be considered for determining eligibility as per
provision under clause [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, fabrication work, short
term OMT contract, any type of work related to border fencing, work of
21
 earthwork alone, construction of buildings/ hostels, etc. or not specified, shall
not be considered. However, such maintenance works shall be considered as
eligible projects in case of Maintenance works to be taken up on EPC mode.

(vi) The works such as Improvement in Riding Quality work (IRQP/IRQ), shall be
considered for Technical Capacity [[Link] (i)] under core sector but not for
similar completed works [[Link] (ii) and [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 project are
provided, the revised cost of project shall be considered for evaluation.

[Link] Eligible Experience on Eligible Projects in respect of each category:

(i) For a project to qualify as an Eligible Project under Categories 1 and 2:

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO, BOOT
or other similar basis for providing its output or services to a public sector
entity or for providing non-discriminatory access to users in pursuance of its
charter, concession or contract, as the case may be. For the avoidance of doubt,
a project which constitutes a natural monopoly such as an airport or port should
normally be included in this category even if it is not based on a long-term
agreement with a public entity;
(b) the entity claiming experience should have held, in the company owning the
Eligible Project, a minimum of 26% (twenty six per cent) equity during the
entire year for which Eligible Experience is being claimed;
(c) For the projects having Estimated Project Cost upto Rs. 100.00 Cr., the
capital cost of the project should be more than 5% of the amount specified as
the Estimated Project Cost; For the projects having Estimated Project Cost
more than Rs. 100.00 Cr., the capital cost of the project should be more than
10% of the amount specified as the Estimated Project Cost; and
receipts of less than 10% of the Estimated Project Cost
(d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Bid Due Date, have itself undertaken the construction of the
project for an amount equal to at least one half of the Project Cost of eligible
projects, excluding any part of the project for which any contractor, sub-
contractor or other agent was appointed for the purposes of construction.

(ii) For a project to qualify as an Eligible Project under Categories 3 and 4, the Bidder
should have received payments from its client(s) for construction works executed,
fully or partially, during the 5 (five) financial years immediately preceding the Bid
Due Date, and only the amounts (gross) actually received, during such 5 (five)
financial years shall qualify for purposes of computing the Experience Score.
However, receipts of or work executed shall not be reckoned as receipts for Eligible
Projects if the amount is less than 5% of the Estimated Project Cost for the projects
having Estimated Project Cost upto Rs. 100.00 Cr., and 10% of the Estimated
Project Cost for the projects having Estimated Project Cost more than Rs. 100.00
Cr. 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

22
 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 of Technical Capacity

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

(ii) The Bidder must provide the necessary information relating to Technical Capacity as
per format at Annex-II of Appendix-IA.

(iii) The Bidder should furnish the required Project-specific information and evidence in
support of its claim of Technical Capacity, as per format at Annex -IV of Appendix-
IA.
[Link] Submission in support of Financial capacity
(i) The Technical Bid must be accompanied by the Audited Annual Reports of the
Bidder (of each Member in case of a Joint Venture) for the last 5 (five) financial years,
preceding the year in which the bid is submitted.

(ii) In case the annual accounts for the latest financial year are not audited and therefore
the Bidder cannot make it available, the Bidder shall give an undertaking to this effect
and the statutory auditor shall certify the same. In such a case, the Bidder shall provide
the Audited Annual Reports for 5 (five) years preceding the year for which the Audited
Annual Report is not being provided.

(iii) The Bidder must establish the minimum Net Worth specified in Clause [Link], 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 format at
Appendix-IA complete with its Annexes the following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by itself,
during the past 5 years, in respect of the Eligible Projects. In case a particular job/
contract has been jointly executed by the Bidder (as part of a Joint Venture), it
should further support its claim for the payments received or construction carried out
by itself in PPP Projects as applicable the share in work done for that particular job/
contract by producing a certificate from its statutory auditor or the client; and

$
In case duly certified audited annual financial statements containing explicitly the requisite details are provided, a
separate certification by statutory auditors would not be necessary in respect of Clause [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.

23
 (ii) Certificate(s) from its statutory auditors specifying the net worth of the Bidder, as at
the close of the preceding financial year, and also specifying that the methodology
adopted for calculating such net worth conforms to the provisions of this Clause
[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 Proprietary data

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

2.4 Cost of Bidding

The Bidders shall be responsible for all of the costs associated with the preparation of
their BIDs and their participation in the Bidding Process. The Authority will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.

2.5 Site visit and verification of information

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

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

(a) Made a complete and careful examination of the Bidding Documents, Schedules annexed
to EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) Accepted the risk of inadequacy, error or mistake in the information provided in the
Bidding Documents or furnished by or on behalf of the Authority relating to any of the
matters referred to in Clause 2.5.1 above. No claim shall be admissible at any stage on
this account.
(d) satisfied itself about all matters, things and information including matters
referred to in Clause 2.5.1 hereinabove necessary and required for submitting an
informed BID, execution of the Project in accordance with the Bidding Documents
and performance of all of its obligations thereunder;
(e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of
information provided in the Bidding Documents or ignorance of any of the matters
24
 referred to in Clause 2.5.1 hereinabove shall not be a basis for any claim for
compensation, damages, extension of time for performance of its obligations, loss of
profits etc. from the Authority, or a ground for termination of the Agreement by the
Contractor;
(f) Acknowledged that it does not have a Conflict of Interest; and
(g) Agreed to be bound by the undertakings provided by it under and in terms hereof.

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

2.6 Verification and Disqualification

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

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

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

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

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

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

2.6.4. A Bidder shall be liable for disqualification and forfeiture of BID Security, if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by the
Bidder, its Member or any Associate thereof, as the case may be, in any manner for matters
related to or incidental to such Project during the Bidding Process or subsequent to the (i)
issue of the LOA or (ii) execution of the Agreement. In the event any such adviser is engaged
by the selected Bidder or Contractor, as the case may be, after issue of the LOA or execution
25
 of the Agreement for matters related or incidental to the project, then notwithstanding
anything to the contrary contained herein or in the LOA or the Agreement and without
Prejudice to any other right or remedy or the Authority, including the forfeiture and
appropriation of the Bid Security and /or Performance Security, as the case may be, which
the Authority may have there under or otherwise, the LOA or the Agreement, as the case may
be, shall be liable to be terminated without the Authority being liable in any manner
whatsoever to the Selected Bidder or Contractor for the same. For the avoidance or doubt,
this disqualification shall not apply where such adviser was engaged by the Bidder, its
Member or Associate in the past but its assignment expired or was terminated 6 (six) months
prior to the date of issue of this RFP. Nor will this disqualification apply where such adviser
is engaged after a period of 3 (three) years from the date of commercial operation of the
Project.

B. DOCUMENTS

2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.

Part –I

Invitation for BIDs

Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of BIDs
Section 4. Fraud and Corrupt Practices
Section 5. Pre-BID Conference
Section 6. Miscellaneous

Appendices
IA. Letter comprising the Technical BID including Annexure I to VIII
IB. Letter comprising the Financial BID
II. Deleted
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA
IX Format of BOQ
X. Format of Certificate of Net worth by Statutory Auditor.
XI. Format of Certificate of Turn Over by Statutory Auditor.

Part –II
Agreement Document with schedules

Part – III
[Feasibility Report/Detailed Project Report provided by the authority]

2.7.2 The draft Agreement and the Feasibility / Detailed Project Report provided by the
Authority as part of the BID Documents shall be deemed to be part of this RFP.
26
2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in writing by e-mail
in accordance with Clause 1.2.9. They should send in their queries on or before the date
mentioned in the Schedule of Bidding Process specified in the clause 1.3. The Authority
shall endeavour to respond to the queries within the period specified therein, but no later
than 15 (fifteen) days prior to the BID Due Date. All the queries and their responses will be
will be hosted on the MP Tenders Portal ([Link] without identifying the
source of queries.

2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications
sought by the Bidders. However, the Authority reserves the right not to respond to
any question or provide any clarification, in its sole discretion, and nothing in this
Clause shall be taken or read as compelling or requiring the Authority to respond
to any question or to provide any clarification.

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

2.9 Amendment of RFP

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

2.9.2 Any Addendum issued hereunder will be hosted on the MP Tenders Portal
([Link]

2.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into account, or
for any other reason, the Authority may, in its sole discretion, extend the BID Due Date.

C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority will
evaluate only those BIDs that are received online in the required formats and complete in all
respect.

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

2.11 Documents comprising Technical and Financial BID

2.11.1 The Bidder shall first upload all the project details, net worth details, turnover details, bridge
and tunnel details and all other details required in this RFP for technical qualification. The
Bidder shall submit the Technical Bid & Financial Bid online through MP Tenders portal
[Link] comprising of the following documents along with supporting

27
 documents as appropriate:

Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-VIII and
supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the format
at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(e) Deleted

(f) BID Security of amount specified in clause 1.1.1 as per the provision of this RFP;

(g) Copy of Online receipt towards payment of cost of BID/RFP document of required
amount as mentioned in clause 1.1.1 ;
(h) Deleted;
(i) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any, issued by MoRT&H (Appendix-VI) regarding Integrity Pact (IP)
and the Integrity Pact (IP) duly signed by Authorised signatory shall be submitted by
the Bidder with the RFP Bid & shall be part of the Contract Agreement;
(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 MPRDC 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.
(n) Copy of originals of experience certificate apostille at foreign origin, if any
(o) Certificate regarding compliance with restrictions under Rule 144 (xi) of the General
Financial Rules (GFRs) as per format given in Appendix-XII shall be submitted by
the Bidder with the RFP bid duly signed by Authorized signatory & shall be part of
the Contract Agreement.
(p) Certificate of Net worth by Statutory Auditor in format Appendix X.
(q) Format of Certificate of Turn Over by Statutory Auditor in format Appendix XI.

Financial Bid
(r) Appendix-IB (Letter comprising the Financial Bid)
(s) Financial Bid in excel sheet format as provided on MP Tenders Portal
2.11.2 The Selected Bidder is required to submit original of documents listed below after issuance
of LOA and before signing of agreement:
a) Appendix-IA (Letter comprising the Technical Bid)
b) Appendix-IB (Letter comprising the Financial Bid)
c) Statement of Legal Capacity Annex-V
d) Power of Attorney for signing the BID as per the format at Appendix-III
e) if applicable, Power of Attorney for Lead Member of Joint Venture as per the format at
Appendix-IV
28
 f) if applicable, Joint Bidding Agreement for Joint Venture as per the format at Appendix-V
g) 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 MPRDC and amendments uploaded, if
any
h) Integrity Pact (IP) duly signed by Authorised signatory
i) Copy of originals of experience certificate apostille at foreign origin, if any
j) Certificate regarding compliance with restrictions under Rule 144 (xi) of the General
Financial Rules (GFRs) as per format given in Appendix-XII shall be submitted by the
Bidder with the RFP bid duly signed by Authorized signatory & shall be part of the Contract
Agreement
2.11.3 Deleted.
2.11.4 Deleted.
2.11.5 Deleted.
2.11.6 BIDs submitted by fax, telex, telegram or e-mail shall not be entertained and shall
be summarily rejected.

2.12 BID Due Date

BID comprising of the documents listed at clause 2.11.1 of the RFP shall be submitted
online through MP Tenders Portal website [Link] on or before the
deadline given in the clause 1.3.

2.13 Late BIDs

MP Tenders Portal website [Link] shall not allow submission of any

Bid after the prescribed date and time given in the clause 1.3

2.14 Procedure for e-tendering

2.14.1 Accessing/ Purchasing of BID documents

[Link] It is mandatory for all the Bidders to have class-III Digital Signature Certificate (DSC) (in
the name of Authorized Signatory / Firm or Organization / Owner of the Firm or
organisation) from any of the licensed Certifying Agency (Bidders can see the list of
licensed Cas from the link [Link]) to participate in e-tendering of the Authority.

[Link] To participate in the bidding, it is mandatory for the Bidders to get registered their firm /
Consortium with MP Tenders portal of the Authority [Link] to have user
ID & password which has to be obtained free of cost. Following may kindly be noted:

(a) Registration with MP Tenders portal of the Authority should be valid at least up to
the date of submission of Bid.

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

[Link] If the firm / Joint Venture is already registered with MP Tenders Portal , and validity of
registration is not expired, then the firm / Joint Venture is not required a fresh
registration.

29
[Link] The complete Bid document can be viewed / downloaded by the Bidder from MP
Tenders portal [Link] as per the dates & time specified in clause 1.3.

[Link] Deleted

2.14.2 Preparation & Submission of BIDs:

[Link] The Bidder may submit his Bid online following the instruction appearing on the screen.
A buyer manual containing the detailed guidelines for MP Tenders is also available on
MP Tenders portal of the Authority.

[Link] The documents listed at clause 2.11.1 shall be prepared and scanned in different files
(in PDF or RAR format such that file size is not more than 40 MB) and uploaded
during the on-line submission of BID.

[Link] Bid must be submitted online only through MP Tenders portal [Link]
using the digital signature of Authorized representative of the Bidder on or before Date
& time specified in clause 1.3.

2.14.3 Modifications/ Substitution/ withdrawal of BIDs

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

2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The Authority shall on-line open Technical Bids on date & time specified in clause 1.3, in
the presence of the authorized representatives of the Bidders, who choose to attend. The
Authority will subsequently examine and evaluate the Bids in accordance with the
provisions of Section 3 of RFP.

2.16 Rejection of BIDs

2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves the right
to reject any BID and to annul the Bidding Process and reject all BIDs at any time
without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event that the
Authority rejects or annuls all the BIDs, it may, in its discretion, invite all eligible
Bidders to submit fresh BIDs hereunder.

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

30
2.17 Validity of BIDs

The BIDs shall be valid for a period of not less than 180 (one hundred and eighty) days from
the BID Due Date. The validity of BIDs may be extended by mutual consent of the
respective Bidders and the Authority.

2.18 Confidentiality

Information relating to the examination, clarification, evaluation and recommendation

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

2.19 Correspondence with the Bidder

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

D. BID SECURITY

2.20 BID Security

2.20.1 The Bidder shall furnish as part of its Bid, a Bid Security online on MP Tenders Portal of
amount specified in clause 1.1.1 hereinabove.

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

2.20.3 The Selected Bidder’s BID Security will be returned, without any interest, upon the Bidder
signing the Contract Agreement and furnishing the Performance Security in accordance with
the provisions thereof. The Bid Security of all the other bidder except L1/Selected bidder
will be returned immediately after opening of financial bids.

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,
31
 undesirable practice or restrictive practice as specified in Section 4 of this RFP;
(c) If a Bidder withdraws its BID during the period of Bid validity as specified in this RFP
and as extended by mutual consent of the respective Bidder(s) and the Authority;
(d) In the case of Selected Bidder, if it fails within the specified/extended time limit by
Authority -
(i) to sign and return the duplicate copy of LOA;
(ii) to furnish the Performance Security /Additional Performance Security (if any) as per
Clause 2.21; or
(iii) to sign the Agreement;

2.21 Performance Security

2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall furnish
to the Authority an irrevocable and unconditional electronic bank guarantee (e-BG) from a
Bank in the form set forth in Appendix-VII (the “Performance Security”) for an amount
equal to 5% (Five percent) of its Bid Price. In case of bids mentioned below, the Selected
Bidder, along with the Performance Security, shall also furnish to the Authority an
irrevocable and unconditional electronic bank guarantee (e-BG) from a Bank in the same
form given at Appendix-VII towards an Additional Performance Security (the “Additional
Performance Security”) for an amount calculated as under:

(i) If the Bid Price offered by the Selected Bidder is below 10% but not below 20% of the
Estimated Project Cost, the additional performance guarantee/security percentage shall
be incremented by 0.1% for every percentage of bid price below 10% of the Estimated
Project Cost starting at 11% with the additional bid performance guarantee being 0.1%
and this additional performance guarantee percentage shall be applied on the bid price

(ii) If the Bid Price offered by the Selected Bidder is 20% or more below of the Estimated
Project Cost, the additional performance guarantee percentage shall be incremented by
0.2% for every percentage of bid price below 20% of the Estimated Project Cost in
addition to 1% of the bid price and this additional performance guarantee percentage
shall be applied on the bid price

(iii) The additional performance guarantee percentage shall be rounded off to the next
lower percentage based on whether the decimal point of the percentage of bid price is
below 0.5% or next higher percentage based on whether the decimal point of the
percentage of bid price is 0.5% or more

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

Security.

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

[Link] The Selected Bidder may initially provide the Performance Security for five (5) years;
provided that the Selected Bidder shall submit the extension of the validity of the
Performance Security for the balance period i.e. upto 60 days after the Defect Liability
Period, as necessary, at least two (2) months prior to the date of expiry thereof. In the
event that the Selected Bidder fails to submit the extended Performance Security for the
balance period within stipulated period, the Authority may encash the Performance
32
 Security and the same shall be released only after completion of Defect Liability Period
or on submission of new Performance Security for the same amount for the balance
period.

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

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

2.21.5 For avoidance of any doubt, in case of failure of submission of Performance Security and
Additional Performance Security, if any, within the additional 60 days’ time period, the
award shall be deemed to be cancelled/ withdrawn and the Bid Security shall be encashed
and the proceeds thereof appropriated by the Authority. Thereupon all rights, privileges,
claims and entitlements of the Contractor under or arising out of the Award shall be
deemed to have been waived by, and to have ceased with the concurrence of the
Contractor, and the Award shall be deemed to have been withdrawn by the Authority

2.22 The agreement will be executed within 30 days of receipt of LOA after submission of
Performance Security and Additional Performance Security, if any, as per sub-clause 2.21
above.

33
 SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF FINANCIAL
BIDS

3.1 Evaluation of Technical Bids

3.1.1 The Authority shall open the BIDs received at date & time given in clause 1.3; and in the
presence of the Bidders who choose to attend. Technical BID of only those Bidders shall
be considered for evaluation whose BID have been received within the timeline specified
in the clause 1.3.

3.1.2 Technical Bids of those Bidders who have not submitted their Bid online, shall not be
Considered for opening and evaluation.
3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained in formats
other than those specified herein, the Authority may, in its sole discretion, exclude the relevant
information for consideration of eligibility and qualification of the Bidder.
3.1.4 To facilitate evaluation of Technical BIDs, the Authority may, at its sole discretion, seek
clarifications in writing from any Bidder regarding its Technical BID. Such Clarification(s)
shall be provided within the time specified by the Authority for this purpose. Any request
for clarification(s) and all clarification(s) in response thereto shall be in writing. The bids
will be examined and evaluated in accordance with the provisions set out in this Section 3.
The Authority will subsequently flag issues, if any with the data updated by the Bidders.

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

3.1.6 Tests of responsiveness

[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. A Technical
BID shall be considered responsive only if:

(a) Technical BID is received online as per the format at Appendix-IA including all
annexures with supporting documents;
(b) Deleted;
(c) Technical Bid is accompanied by the BID Security as specified in Clause 1.2.4 and 2.20;
(d) The Power of Attorney is uploaded on MP Tenders Portal as specified in Clauses
2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of Joint
Venture and the Joint Bidding Agreement as specified in Clause 2.1.6, if so required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Copy of online receipt towards payment of cost of Bid document/RFP of required amount
(as mentioned in Datasheet) is received.

[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 by the
Authority in respect of such BID.

34
3.1.7 In the event that a Bidder claims credit for an Eligible Project, and such claim is determined by
the Authority as incorrect or erroneous, the Authority may reject / correct such claim for the
purpose of qualification requirements.

3.1.8 The Authority will evaluate the Technical BIDs for their compliance to the eligibility and
qualification requirements pursuant to clause 2.2.1 & 2.2.2 of this RFP.

3.1.9 After evaluation of Technical Bids, the Authority will publish result of Technical Evaluation
along with date & time of opening of Financial Bid on MP Tenders Portal. In case of any
objection, the bidder shall submit their representation in writing to following within 7 days of
publication of result of Technical Evaluation. No representation shall be entertained after
prescribe time mentioned herein.
Chief Engineer (Procurement)
Madhya Pradesh Road Development Corporation Limited
45A Arera Hills, Bhopal (MP) 462011
Email: procu-mprdc@[Link].

3.2 Opening and Evaluation of Financial Bids

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

3.3 Selection of Bidder

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

[Link] The Lowest Bidder shall be the selected bidder

[Link] Deleted

3.3.2 In the event that two or more Bidders quote the same BID Price (the "Tie BIDs"), the Authority
shall identify the Selected Bidder whose Technical Capacity is higher among others .

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

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

35
3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause the
Bidder to submit Performance Security and Additional Performance Security (if any) within
the period prescribed/extended by Authority and then execute the Agreement within the
period prescribed in Clause 1.3. The Selected Bidder shall not be entitled to seek any
deviation, modification or amendment in the Agreement.

3.3.6 Authority shall return Bid Security of all bidders except Selected Bidder upon issuance of LOA
to the Selected bidder. The bid security of Selected bidder shall be returned only after
submission of Performance Security and Signing of the Contract. The Authority shall be
responsible to return the Bid Security, as above, and the bidders shall not be required to ask for
the same.

3.4 Contacts during BID Evaluation

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

3.5 Correspondence with Bidder

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

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

3.7 The Authority reserves the right not to proceed with the Bidding Process at any time without
notice or liability and to reject any or all Bid(s) without assigning any reasons.

36
 SECTION-4

FRAUD AND CORRUPT PRACTICES

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

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

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

(a) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value,
pressurizing to influence the action of a public official in the process of tendering and
execution of the project;

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

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

(c) “Coercive practice” means impairing or harming, or threatening to impair or harm, directly
or indirectly, any person or property to influence any person’s participation or action in the
Bidding Process;

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

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

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

37
 SECTION-5

PRE-BID CONFERENCE

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

5.2 During the course of Pre-Bid conference(s), the Bidders will be free to seek
clarifications and make suggestions for consideration of the Authority. The
Authority shall endeavour to provide clarifications and such further information as it
may, in its sole discretion, consider appropriate for facilitating a fair, transparent and
competitive Bidding Process.

38
 SECTION-6

MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at [Bhopal] shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/ or in connection with the Bidding
Process.

6.2 The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
(a) Suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) Consult with any Bidder in order to receive clarification or further
information;
(c) Retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Bidder.

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

39
 APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)

The Managing Director

Madhya Pradesh Road Development Corporation
45A Arera Hills,
Bhopal (MP) 462011

Sub: BID for “Upgradation and reconstruction of Ujjain-Simhasth Bypass Road from
Design Ch. 00+000 to Ch. 19+815 Total length 19.815 km, Four lane with paved
shoulder configuration in the state of Madhya Pradesh on EPC Mode.”

Dear Sir,

With reference to your RFP document dated xx/xx/2025, I/we, having examined the
Bidding Documents and understood their contents, hereby submit my/our BID for the
aforesaid Project. The BID is unconditional and unqualified.

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

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

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

4. I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the BID.

5. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.

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

7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents, including
any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c)
and 2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged

40
 in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 4.3 of the RFP document, in
respect of any tender or request for proposal issued by or any Agreement entered
into with the Authority or any other public sector enterprise or any government,
Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on
our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the
RFP for the Project and information mentioned for the evaluation of the BID
Capacity in Annexure VI were true and correct as on the date of making the
Application and are also true and correct as on the BID Due Date and I/we shall
continue to abide by them.

8. I/ We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any BID that you may receive nor to invite the
Bidders to BID for the Project, without incurring any liability to the Bidders, in
accordance with Clause 2.16.2 of the RFP document.

9. I/We believe that we/our Joint Venture satisfy(s) the Threshold Technical
Capacity, Net Worth criteria and meet(s) the requirements as specified in the RFP
document.

10. I/ We declare that we/ any Member of the Joint Venture or our/Joint Venture member,
are not a Member of any other Joint Venture submitting a BID for the Project.

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

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

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

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

14. I/ We further certify that we are not disqualified in terms of the additional criteria
specified by the Department of Disinvestment in their OM No. 6/4/2001-DD-II
dated 13.7.01, a copy of which forms part of the RFP at Annexure VII of
Appendix-IA thereof.

15. I/ We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification in terms of
the guidelines referred to above, we shall intimate the Authority of the same

41
 immediately.

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

17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage
at law or howsoever otherwise arising to challenge or question any decision taken by
the Authority in connection with the selection of the Bidder, or in connection
with the Bidding Process itself, in respect of the above mentioned Project and the
terms and implementation thereof.

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

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

20. I/ We submit a BID Security of Rs ………. Crore (Rupees Only) to the Authority
in accordance with the RFP Document.

21. Deleted.

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

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

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

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

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

27. I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the BID
Due Date specified in the RFP.

42
28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid for
undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.

In witness thereof, I/we submit this BID under and in accordance with the terms of the RFP
document.
Yours faithfully,
Date: (Signature, name and
designation
Place: of the Authorised signatory)
Name & seal of Bidder/Lead Member
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to it,
and ‘Deleted’ may be indicated there.

43
 APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
To,
The Managing Director
Madhya Pradesh Road Development Corporation
45A Arera Hills,
Bhopal (MP) 462011

Sub: BID for “Upgradation and reconstruction of Ujjain-Simhasth Bypass Road from
Design Ch. 00+000 to Ch. 19+815 Total length 19.815 km, Four lane with paved
shoulder configuration in the state of Madhya Pradesh on EPC Mode.”

Dear Sir,

With reference to your RFP document dated xx/xx/2025, I/we, having examined
the Bidding Documents and understood their contents, hereby submit my/our BID for
the aforesaid Project. The BID is unconditional and unqualified.

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

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

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

4. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.

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

6. I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the BID
Due Date specified in the RFP.

7. I/ We hereby submit our BID and offer a BID Price mentioned in the Financial Bid
submitted online for undertaking the aforesaid Project in accordance with the Bidding
Documents and the Agreement.

Yours faithfully,

44
Date: (Signature, name and designation of
the Place: Authorized Signatory)
Name & Seal of Bidder/Lead Member:..........
Class III DSC ID of Authorized Signatory:.............

45
 Appendix IA
Annex-I
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in
India:
(d) Date of incorporation and/ or commencement of business:

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

business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication for
the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

4. Particulars of the Authorised Signatory of the Bidder:

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number

5. In case of a Joint Venture:

(a) The information above (1-4) should be provided for all the Members of the
Joint Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should
be attached to the Application.
(c) Information regarding the role of each Member should be provided as per table
below:
Sl. Name of Member Role* Share of work in the Project
{Refer Clause {Refer Clauses 2.1.11(a), (f) &
2.1.11(d)}$ (g)}
1.
2.
3.
* The role of each Member, as may be determined by the Applicant, should be
indicated in accordance with instruction 4 at Annex-IV.

………contd

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

46
 Appendix IA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14 for each Member
of the Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint Venture been barred
by the central/state government or its implementing agencies
for the works of Expressways, National Highways, ISC and
El works, from participating in bidding.
2 If the answer to 1 is yes, does the bar subsist as on BID due
date.

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

(b) I/ We certify that we/ any of the JV partners do not fall in any of the categories of
being a Non-Performing entity given at Clause 2.1.14 of Instructions to Bidders in the
projects of Expressways, National Highways, ISC and EI works of central/state
government or its implementing agencies and furnished the complete details.

7(a) I/ We further certify that no investigation by a regulatory authority is pending either

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

(b) I/ We further certify that no investigation by any investigating agency in India or

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

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

Name of the Bidder /Member of JV: __________________________

Sr. Categories of Non-Performer Name of

No. the
Project(s)
(i) Fails to set up institutional mechanism and procedure as per contract.
(ii) Fails to mobilize key construction equipment within a period of 4 months
from the Appointed Date.
(iii) Fails to complete or has missed any milestone and progress not commensurate
with contiguous unencumbered project length /ROW available even after

47
Sr. Categories of Non-Performer Name of
No. the
Project(s)
lapse of 6 months from respective project milestone/Schedule Completion
date, unless Extension of Time has been granted due to Authority’s Default or
Force Majeure;
(iv) Fails to achieve progress commensurate with funds released from Escrow
Account (Equity + Debt + Grant) in BOT or HAM project and variation is
more than 25% in the last 365 days;
(v) Fails to achieve the target progress or complete the project as per schedule
agreed at the time of sanctioning of funds under One Time Funds Infusion
(OTFI) or relaxations to contract conditions to improve cash flow solely on
account of Concessionaire's/contractor’s failure/default;
(vi) Fails to complete rectification (excluding minor rectifications) as per time
given in non-conformity reports (NCR) in design/completed
works/maintenance or reported in Inspection Reports issued by Quality
Inspectors deployed by the Authority or Officers of the Authority.
(vii) Fails to complete minor rectifications exceeding 3 instances in a project as per
time given in non-conformity reports (NCR) in design/completed
works/maintenance;
(viii) Fails to fulfil its obligations to maintain a highway in a satisfactory condition
in spite of two rectification notices issued in this regard;
(ix) Damages/penalties recommended by Independent/Authority’s Engineer
during O&M Period and remedial works are still not taken up;
(x) Fails to complete Punch list items even after lapse of time for completion of
such items excluding delays attributable to the Authority;
(xi) Occurrence of minor failure of structures/highway due to construction defect
wherein no causalities are reported (causalities include injuries to human
being / animals);
(xii) Occurrence of major failure of structures/highway due to construction defect
wherein no casualties are reported (causalities include injuries to human being
/ animals);
(xiii) Occurrence of major failure of structures/highway due to construction defect
leading to loss of human lives besides loss of reputation etc. of the authority;
(xiv) Fails to make premium payments excluding the current instalment in one or
more projects;
(xv) Fails to achieve financial closure in two or more projects within the given or
extended period (which shall not be more than six months in any case);
(xvi) Fails to submit the Performance Security within the permissible time period in
more than one project;
(xvii) Rated as an unsatisfactory performing entity/ non-performing entity by an
independent third-party agency and so notified on the website of the

48
Sr. Categories of Non-Performer Name of
No. the
Project(s)
Authority;
(xviii) Failed to perform for the works of Expressways, National Highways, ISC &
El works in the last 2(two) years, as evidenced by imposition of a penalty by
an arbitral or judicial authority or a judicial pronouncement or arbitral award
against the Bidder, including individual or any of its Joint Venture Member,
as the case may be;
(xix) Expelled from the contract or the contract terminated by the central/state
government or its Implementing agencies for breach by such Bidder,
including individual or any of its Joint Venture Member; Provided that any
such decision of expulsion or termination of contract leading to debarring of
the Bidder from further participation in bids for the prescribed period should
have been ordered after affording an opportunity of hearing to such party.
(xx) Fails to start the works or Causes delay in maintenance & repair/overlay of
the project.

I/ We certify that the list is complete and covers all the projects of Expressways, National
Highways, ISC and EI works of central/state government or its implementing agencies and
that we/ any of the JV partners do not fall in any of the above categories of being a Non-
Performing entity.
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………………..

49
 Appendix IA

ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses [Link], [Link] and [Link] of the RFP)
Applicant Project Cate- Experience** (Equivalent Rs. crore)$$ Technical
type Code* gory$ Payments received for Value of self Experience£
construction of Eligible construction in Eligible
Projects in Categories 3 Projects in Categories 1
&4 and 2
(1) (2) (3) (4) (5) (6)
Single entity a
Bidder or Lead b
Member c
including other d
members of the e
Joint Venture f
Aggregate Technical Experience =
@
Provide details of only those projects that have been undertaken by the Applicant, or its
Lead member including members in case of joint venture, under its own name separately
and/ or by a project company eligible under Clause [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) and for Categories 3 and 4, include only those
projects where the payments received exceed the amount specified in Clause [Link](ii). In
case the Bid Due Date falls within 3 (three) months of the close of the latest financial year,
refer to Clause 2.1.13.

* Refer Annex-IV of this Appendix-I. Add more rows if necessary.

$
Refer Clause [Link](i)

** Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project. In no
case shall the cost of maintenance and repair, operation of Highways and land be included
while computing the Experience Score of an Eligible Project.
$$
For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**)3
to a US Dollar.
£
. In the case of an Eligible Project situated in an OECD country, the Experience Score so
arrived at shall be further multiplied by 0.5, in accordance with the provisions of Clause
[Link](ii) and the product thereof shall be the Experience Score for such Eligible Projects.

NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I

shall be provided separately for other Members so as to establish that each such Member has
20 percent or more of the Threshold Technical Capacity. (Refer Clause [Link]).
3
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the
Reserve Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight)
days prior to the Application Due Date.

50
 Appendix IA

ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses [Link], [Link](i), [Link](iii) of the RFP)
(In Rs. crore$)
Bidder type Net Cash Accruals Net Worth£
Year-1 Year-2 Year-3 Year-4 Year-5 Year-1

Single entity Bidder or Lead Member

including other members of the Joint
Venture
TOTAL

Bidder type Annual Turnover Average

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

Name & address of Bidder’s Bankers:

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

Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements and Annual
Reports for 5 (five) years preceding the Bid Due Date. The financial statements
shall:
(a) Reflect the financial situation of the Bidder;
(b) Be audited by a statutory auditor;
(c) Be complete, including all notes to the financial statements; and
(d) Correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit after Tax + Depreciation.

51
3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses, deferred
expenditure and miscellaneous expenditure not written off, as per the audited
balance sheet, but does not include reserves created out of revaluation of assets,
write-back of depreciation and amalgamation.

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

5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with Clause 2.1.11 (g) of the RFP document.

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

7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the
Bidder and also specifying the methodology adopted for calculating such net
worth in accordance with Clause [Link] (ii) of the RFP document.

8. Format for Certificate of Net Worth by Statutory Auditor (Format Attached as

Appendix- X).

9. Format for Certificate of Turn Over by Statutory Auditor (Format Attached as

Appendix- XI).

52
 Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses [Link], [Link] and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of
Instruction the Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work
executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer,
and/or
(b) revenues appropriated for self construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in
this Annex. The projects cited must comply with the eligibility criteria specified in
Clause [Link] (i) and [Link] (ii) of the RFP, as the case may be. Information
provided in this section is intended to serve as a backup for information provided in
the Application. Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause [Link] of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for
each Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to
be provided here should indicate the break-up for the past 5 (five) financial years.
Year 1 refers to the financial year immediately preceding the Bid Due Date; Year 2
refers to the year before Year 1, Year 3 refers to the year before Year 2, and so on
(Refer Clause 2.1.13). For Categories 1 and 2, expenditure on construction of the
project by the Applicant itself should be provided, but only in respect of projects
having an estimated capital cost exceeding the amount specified in Clause
[Link](i)(c). In case of Categories 3 and 4, payments received only in respect of
construction should be provided, but only if the amount received exceeds the
minimum specified in Clause [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 details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
concession, etc.) may be provided. In case of projects in Categories 3 and 4, similar
particulars of the client need to be provided.

53
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 Categories 1 and 2, the equity shareholding of the Bidder, in the company
owning the Eligible Project, held continuously during the period for which Eligible
Experience is claimed, needs to be given (Refer Clause [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. Certificate from the Bidder’s statutory auditor$ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that do not
have statutory auditors, the auditors who audit the annual accounts of the Bidder
may provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a
certificate from its statutory auditor in the format below as per Clause [Link] (i) (d)
:
Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it, this is to
certify that …………………….. (name of the Bidder) is/ was an equity shareholder in
……………….. (title of the project company) and holds/held Rs. ……… cr. (Rupees
………………………….. crore) of equity (which constitutes ……..%€ of the total paid up
and subscribed equity capital) of the project company from …………... (date) to
…………….. (date)¥The project was/is commenced on ………(date) and likely to be
commissioned on ……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr.
(Rupees …………………crore), of which the applicant has itself undertaken the
construction of project of Rs. ………(Rupees ………. Crores) excluding any part of the
project for which any contractor, sub-contractor or other agent was appointed for the
purpose of construction as per Clause [Link] (i) (d)by the aforesaid Applicant itself, during
the past five financial years as per year-wise details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)

$
In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary.
£
Refer Clause [Link] of the RFP.
 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ or owned the ………….. (name of project)
from ……………….. (date) to ………………… (date).” Refer Clauses [Link] and [Link](ii) of the RFP.
54
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 in
the format below:
Certificate regarding construction works
Based on its books of accounts and other published information authenticated by it,
This is to certify that ……………………..(name of the Bidder) was engaged by
………………..(title of the project company) to execute ……………… (name of
project) for …………………. (nature of project). The construction of the project
commenced on …………..(date) and the project was/ is likely to be commissioned
on …………… (date, if any). It is certified that Bidder received payments from its
Clients for Construction Works executed by them or work executed and certified by
the Engineer-in-charge/Independent Engineer/Authority’s Engineer, in the aforesaid
construction works.
We further certify that the total estimated capital cost of the project is Rs. …… cr.
(Rupees …………………crore), of which the Applicant received or has executed the
work as certified by the Engineer-in-charge/Independent Engineer/Authority’s
Engineer Rs. ……… cr. (Rupees ……………………… crore), during the past five
financial years as per year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of the
Applicant who undertook these works as a partner or a member of joint venture.
We further certify that applicant has a share of _____% in the Joint
Venture/Consortium.

(Authorized Signatory)

Date:

15. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of the
relevant project in computation of Experience.
16. To satisfy the qualification requirement under clause [Link] (ii) & (iii), the bidder is
required to submit a certificate from project owning department/corporations signed by
Officer not below the level of Executive Engineer or equivalent.

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

55
 Appendix -IA
Annex-V

ANNEX-V
Statement of Legal Capacity

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

Ref. Date:

To,
The Managing Director
Madhya Pradesh Road Development Corporation
45A Arera Hills,
Bhopal (MP) 462011
Dear Sir,

Sub: BID for “Upgradation and reconstruction of Ujjain-Simhasth Bypass Road from
Design Ch. 00+000 to Ch. 19+815 Total length 19.815 km, Four lane with paved
shoulder configuration in the state of Madhya Pradesh on EPC Mode.”.
Dear Sir,

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

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

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

Thanking you,

Thanking you,
Yours faithfully,
(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

56
 Appendix - IA

Annexure-VI

Information required to evaluate the BID Capacity under clause [Link]:

To calculate the value of “A” and “C”

1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by the Bidder
during the last 5 years is as follows (the amount of bonus received, if any, shall be
indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net Value
No. undertaken w.r.t. EPC Projects bonus (Rs. excluding
including bonus, if any (Rs. in in Crores) bonus (Rs. in
Crores) Crores)
1 Year-1
2 Year-2
3 Year-3
4 Year-4
5 Year-5

3. Maximum value of projects that have been undertaken during the F.Y. ________ out
of the last 5 years and value excluding amount of bonus thereof is Rs._____Crores
(Rupees__________________________). Further, value updated to the price level of
the year indicated in Appendix is as follows:

Rs. ______ Crores x _____(Updation Factor as per Appendix) = Rs. _______ Crores
(Rupees______________________________________)

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

57
 To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to be
completed during the next ** years is as follows:

Sl. Name Percentage of Dater of Construction Value of Value of Balance Anticipated Balance value
No. of participation start / period as per contract work value of date of of work at Year
Project/ of Bidder in appointed Agreement/ as per completed work to be completion 1 price level
Work the project date of LOA Agreeme completed
project nt /LOAβ

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

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

# Updation Factor as given below:

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

β
In case balance period of construction is less than the value of period of construction of the project for which
bid is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of
work to be completed in the period of construction of the project for which bid is invited is to be mentioned. In
the absence of the anticipated value of work to be completed, the proportionate value shall be considered while
evaluating the Assessed Available Bid Capacity.
58
 APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)

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

OFFICE MEMORANDUM

Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment

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

(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory
authority that casts a doubt on the ability of the Bidder to manage the public
sector unit when it is disinvested, or which relates to a grave offence would
constitute disqualification. Grave offence is defined to be of such a nature
that it outrages the moral sense of the community. The decision in regard to
the nature of the offence would be taken on case to case basis after
considering the facts of the case and relevant legal principles, by the
Government of India.
(b) In regard to matters relating to the security and integrity of the country, any
charge-sheet by an agency of the Government/ conviction by a Court of Law
for an offence committed by the bidding party or by any sister concern of the
bidding party would result in disqualification. The decision in regard to the
relationship between the sister concerns would be taken, based on the
relevant facts and after examining whether the two concerns are substantially
controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment
process, would not be allowed to remain associated with it or get associated
merely because it has preferred an appeal against the order based on which it
has been disqualified. The mere pendency of appeal will have no effect on
the disqualification.

Appendix-IA
Annexure-VII
59
 Page-2

(e) The disqualification criteria would come into effect immediately and would
apply to all Bidders for various disinvestment transactions, which have not
been completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to
explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking
Expression of Interest (EOI) from the interested parties. The interested
parties would be required to provide the information on the above criteria,
along with their Expressions of Interest (EOI). The Bidders shall be required
to provide with their EOI an undertaking to the effect that no investigation by
a regulatory authority is pending against them. In case any investigation is
pending against the concern or its sister concern or against its CEO or any of
its Directors/ Managers/ employees, full details of such investigation
including the name of the investigating agency, the charge/ offence for which
the investigation has been launched, name and designation of persons against
whom the investigation has been launched and other relevant information
should be disclosed, to the satisfaction of the Government. For other criteria
also, a similar undertaking shall be obtained along with EOI.

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

60
 Appendix - IA
Annexure-VIII

Details of ongoing works (Ref Clause 10.3 (iv) of Draft EPC Agreement)

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

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

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

…………………………………………… Name of the Bidder

Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

Date: __________________

Place: __________________

61
 APPENDIX - II

Deleted

62
 APPENDIX - IIA

Deleted

63
 APPENDIX-III
Format for Power of Attorney for signing of BID
(Refer Clause 2.1.5)
Know all men by these presents, we…………………………………………….. (name of
the firm and address of the registered office) do hereby irrevocably constitute, nominate,
appoint and authorize Mr./ Ms (name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently
employed with us/ the Lead Member of our Joint Venture and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our BID for the
……Name of Work……. being developed by the MPRDC (the “Authority”) including but
not limited to signing and submission of all applications, BIDs and other documents and
writings, participate in Pre-BID and other conferences and providing information/ responses
to the Authority, representing us in all matters before the Authority, signing and execution
of all contracts including the agreement and undertakings consequent to acceptance of our
BID, and generally dealing with the Authority in all matters in connection with or relating to
or arising out of our BID for the said Project and/ or upon award thereof to us and/or until
the entering into of the EPC Contract with the Authority.

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

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

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

Seal of the Notary

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

64
 Notes:
▪ The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
▪ Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalised by the Indian Embassy if it carries a conforming Appostille certificate.

65
 APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

Whereas the MPRDC (Madhya Pradesh Road Development Corporation Limited,

Bhopal) has invited BIDs for the “Upgradation and reconstruction of Ujjain-Simhasth
Bypass Road from Design Ch. 00+000 to Ch. 19+815 Total length 19.815 km, Four lane
with paved shoulder configuration in the state of Madhya Pradesh on EPC Mode.” (the
“Project”).

Whereas, …………………….., …………………….., and ……………………..

(collectively the “Joint Venture”) being Members of the Joint Venture are interested in
bidding for the Project in accordance with the terms and conditions of the Request for
Proposal (RFP) and other BID documents including agreement in respect of the Project, and

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

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

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

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

66
 IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

For …………………….. For …………………….. For ……………………..

(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(To be executed by all the Members of the Joint Venture)

Witnesses:
1.
2.

Notes:
▪ The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
▪ Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalised by the Indian Embassy if it carries a conforming Appostille certificate.

67
 APPENDIX V

Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)

(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of
………… 20…

AMONGST

1. {………… Limited, and having its registered office at ………… } (hereinafter

referred to as the “First Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

AND

2. {………… Limited, having its registered office at ………… }and (hereinafter

referred to as the “Second Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter

referred to as the “Third Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

The above mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively
referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) [The MPRDC] (hereinafter referred to as the “Authority” which expression shall,
unless repugnant to the context or meaning thereof, include its administrators,
successors and assigns) has invited bids (the Bids”) by its Request for Proposal No.
………… dated …………(the “RFP”) for award of contract for “Upgradation and
reconstruction of Ujjain-Simhasth Bypass Road from Design Ch. 00+000 to Ch.
19+815 Total length 19.815 km, Four lane with paved shoulder configuration in
the state of Madhya Pradesh on EPC Mode.” (the “Project”) through an EPC
Contract.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the RFP document and
other bid documents in respect of the Project, and

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

NOW IT IS HEREBY AGREED as follows:

68
1. Definitions and Interpretations

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

2. Joint Venture

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

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

3. Covenants

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

4. Role of the Parties

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

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

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

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

5. Joint and Several Liability

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

6. Share of work in the Project

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

First Party:
Second Party:
{Third Party:}

69
 Further, the Lead Member shall itself undertake and perform at least 51 (fifty one)
per cent of the total length of the project highway if the Contract is allocated to the
Joint Venture.

7. Representation of the Parties

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

(a) Such Party is duly organized, validly existing and in good standing under the
laws of its incorporation and has all requisite power and authority to enter
into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement
has been authorized by all necessary and appropriate corporate or
governmental action and a copy of the extract of the charter documents and
board resolution/ power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member is annexed to this
Agreement, and will not, to the best of its knowledge:

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

(ii) violate any Applicable Law presently in effect and having

applicability to it;

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

applicable organizational documents thereof;

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

governmental authorization, approval, judgment, order or decree or
any mortgage agreement, indenture or any other instrument to which
such Party is a party or by which such Party or any of its properties or
assets are bound or that is otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or Encumbrances or obligations to create a lien,
charge, pledge, security interest, encumbrances or mortgage in or on
the property of such Party, except for encumbrances that would not,
individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to
prevent such Party from fulfilling its obligations under this
Agreement;

(c) this Agreement is the legal and binding obligation of such Party, enforceable
in accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Affiliates is a party that presently affects
or which would have a material adverse effect on the financial condition or
prospects or business of such Party in the fulfillment of its obligations under
this Agreement.

70
 8. Termination

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

9. Miscellaneous

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

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

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE [Link],
SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by: SECOND PART THIRD PART
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of:

1………………. 2.............................
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of
the Joint Venture Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalised by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed.

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 APPENDIX VI

INTEGRITY PACT FORMAT

(To be executed on plain paper and submitted along with Technical Bid/Tender documents
for tenders having a value of Rs. 5 cr or above for Consultancy projects and 100 cr. or above
for Construction projects. To be signed by the Bidder and same signatory competent/
authorized to sign the relevant contract on behalf of the MPRDC)

This integrity Pact is made at _____ on this _________day of ________2025.

BETWEEN
[Madhya Pradesh Road Development Corporation Limited, Bhopal represented by
Managing Director], (hereinafter referred to as the “Principal/Owner” which expression
shall, unless repugnant to the context or meaning thereof, include its administrators,
successors and assigns)
AND
{Name and address of the Firm/Company}, (hereinafter referred to as “The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.)

Preamble
Whereas, the Principal has floated the Tender {NIT No……….dt…………………..}
(hereinafter referred to as “Tender/Bid”) and intends to award, under laid down
organizational procedure, contract/s for { “Upgradation and reconstruction of Ujjain-
Simhasth Bypass Road from Design Ch. 00+000 to Ch. 19+815 Total length 19.815 km,
Four lane with paved shoulder configuration in the state of Madhya Pradesh on EPC
Mode.”} (Hereinafter referred to as the “Contract”).
And Whereas the Principal values full compliance with all relevant laws of the land, rules of
land, regulations, economic use of resources and of fairness/ transparency in its relations
with its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and contract
between the parties.
Now, therefore, in consideration of mutual covenants contained in this pact, the parties
hereby agree as follows and this pact witnesses as under:

Article-1: Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and
to observe the following principles:-
(a) No employee of the Principal, personally or through family members, will in
connection with the Tender for, or the execution of a Contract, demand, take
a promise for or accept, for self, or third person, any material of immaterial
benefit which the person is not legally entitled to.
(b) The Principal will, during the Tender process treat all Bidder(s) with equity
and reason. The Principal will in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to
any Bidder(s) confidential/ additional information through which the

72
 Bidder(s) could obtain an advantage in relation to the tender process or the
contract execution.
(c) The Principal will exclude all known prejudiced persons from the process,
whose conduct in the past has been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees which is
a criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance
Officer and in addition can initiate disciplinary actions as per its internal laid down
Rules/Regulations.

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

Consultant(s).
The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to
take all measures necessary to prevent corruption. He commits himself to observe the
following principles during his participation in the tender process and during the contract
execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or
through any other person or firm, offer, promise or give to any of the Principal’s
employees involved in the tender process or the execution of the contract or to any
third person any material or other benefit which he/she is not legally entitled to, in
order to obtain in exchange any advantage of any kind whatsoever during the tender
process or during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with
other Bidders into any undisclosed agreement or understanding, whether formal or
informal. This applies in particular to prices, specifications, certifications, subsidiary
contract, submission or no submission or bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for
purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding
plans, technical proposals and business details, including information contained or
transmitted electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall
disclose the name and address of the Agents/ Representatives in India, if any.
Similarly, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian
Nationality shall furnish the name and address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting
his bid, disclose any and all payments he has made, is committed to or intends to
make to agents, brokers or any other intermediaries in connection with the award of
the contract. He shall also disclose the details of services agreed upon for such
payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate
third persons to commit offences outlined above or be an accessory to such offences.

73
 (g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any
outside influence through any Govt. bodies/quarters directly or indirectly on the
bidding process in furtherance of his bid.

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

Article – 4: Compensation for Damages.

74
 (1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest Money
Deposit/ Bid Security or demand and recover the damages equivalent to Earnest Money
Deposit/ Bid Security apart from any other legal right that may have accrued to the
Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to
forfeit the Performance Bank Guarantee of the Contractor/ Concessionaire/ Consultant
and/ or demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
Article – 5: Previous Transgressions
(1) The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any
country conforming to the anti corruption/ Transparency International (TI) approach
or with any other Public Sector Enterprise/ Undertaking in India or any Government
Department in India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
the tender process or action for his exclusion can be taken as mentioned under
Article-3 above for transgressions of Article-2 and shall be liable for compensation
for damages as per Article-4 above.

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

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

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

Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a
Bidder/ Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed ..…….. as Independent External Monitor (herein after
referred to as “Monitor”) for this Pact. The task of the Monitor is to review
independently and objectively, whether and to what extent the parties comply with
the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Director
General (Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the
Monitor has the right to access without restriction to all project documentation of the

75
 Principal including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)will
also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is
applicable to Subcontractors. The Monitor is under contractual obligation to treat the
information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with
confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an
impact on the contractual relations between the Principal and the Contractor. The
parties offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Management of the Principal and request the Management to
discontinue or take corrective action, or to take other relevant action. The monitor
can in this regard submit non-binding recommendations. Beyond this, the Monitor
has no right to demand from the parties that they act in a specific manner, refrain
from action or tolerate action.
(6) The Monitor will submit a written report to the Director General (Road
Development) & Special Secretary within 8 to 10 weeks from the date of reference
or intimation to him by the Principal and, should the occasion arise, submit
proposals for correcting problematic situations.
(7) If the Monitor has reported to the Director General (Road Development) & Special
Secretary, a substantiated suspicion of an offence under relevant IPC/PC Act, and
the Director General (Road Development) & Special Secretary has not, within the
reasonable time taken visible action to proceed against such offence or reported it to
the Chief Vigilance Officer, the Monitor may also transmit this information directly
to the Central Vigilance Commissioner.
(8) The word 'Monitor' would include both singular and plural.

Article – 9 Pact Duration

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

Article - 10 Other Provisions.

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

76
 (3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a
consortium Joint Venture partner, this pact must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to term of this pact,
any action taken by the Principal in accordance with this Pact or interpretation
thereof shall not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provision of the extent law in force
relating to any civil or criminal proceedings.

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

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

(Office Seal )

Place________
Date_________
Witness 1 : (Name & Address):

Witness 2 : (Name & Address):

{COUNTERSIGNED and accepted by:

JV Partner}

77
 Appendix-VII
(See Clauses 2.21)
FORM OF BANK GUARANTEE
[Performance Security/Additional Performance Security]
To
_____________________________________ [name of Authority]
_____________________________________ [address of Authority]

WHEREAS________________________________________[name and address of

Contractor]
(Hereafter called the “Contractor”) has undertaken, in pursuance of Letter of Acceptance
(LOA) No. _______________Dated_____________ for construction of
________________________________[name of the Project] (Hereinafter called the
“Contract”).

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

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/
Defects Liability Period and Maintenance Period} under and in accordance with the
Contract, and agrees and undertakes to pay to the Authority, upon its mere first
written demand, and without any demur, reservation, recourse, contest or protest,
and without any reference 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 [Chief
Engineer], that the Contractor has committed default in the due and faithful
performance of all or any of its obligations under and in accordance with the
Contract shall be conclusive, final and binding on the Bank. The Bank further agrees
that the Authority shall be the sole judge as to whether the Contractor is in default in
due and faithful performance of its obligations during and under the Contract and its
decision that the Contractor is in default shall be final and binding on the Bank,
notwithstanding any differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other
authority or body, or by the discharge of the Contractor for any reason whatsoever.

3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
4
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.
78
 Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the
Bank under this Guarantee.

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

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

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

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

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

8. The Guarantee shall cease to be in force and effect on ****. Unless a demand or
claim under this Guarantee is made in writing before expiry of the Guarantee, the
Bank shall be discharged from its liabilities hereunder.

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

79
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been duly
authorized to receive such notice and to effect payment thereof forthwith, and if sent by post
it shall be deemed to have been given at the time when it ought to have been delivered in
due course of post and in proving such notice, when given by post, it shall be sufficient to
prove that the envelope containing the notice was posted and a certificate signed by an
officer of the Authority that the envelope was so posted shall be conclusive.

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

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

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

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

80
 Appendix-VIII
(See Clauses 3.3.4)
Format of LOA

Dated,
To,

{Name of selected Bidder}

Subject: {project description}- Letter of Acceptance (LOA)-Reg.

Reference: Your bid for the subject work dated ……………..

Sir,
This is to notify you that your Bid dated ………… for execution of the {project
description}, at your quoted bid price amounting to Rs. ……………./- {amount in words} has
been determined to be the lowest evaluated bid and is substantially responsive and has been
accepted.

2. You are requested to return a duplicate of the LOA as an acknowledgement and sign the
Contract Agreement within the period prescribed in Clause 1.3 of the RFP.

3. You are also requested to furnish Performance Security for an amount of

…………………{and Additional Performance Security for an amount of
……………………….} as per Clause 2.21 of the RFP within 30 (thirty) days of receipt of this
Letter of Acceptance (LOA). In case of delay in submission of Performance Security and
Additional Performance Security, if any, you may seek extension of time for a period not
exceeding 60 (Sixty) days in accordance with Clause 2.21 of RFP.

4. In case of failure of submission of Performance Security, Additional Performance

Security (if any) and Security against Damages (if any) within the additional 60 (Sixty) days
time period, the award shall be deemed to be cancelled and Bid security shall be encased by the
Authority as per Clause 2.21 of the RFP “
Yours faithfully,

{Authorized signatory}

Accepted by

(Name of the Authorized person)

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

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 Appendix-IX
Uploaded online on MP Tenders Portal

82
 Appendix-X
(Giving phone number, address and email address)
CERTIFICATE OF NET WORTH BY STATUTORY AUDITOR
1. This certificate is being issued on the request of ………..(Name of the Bidder and
address) for participating in tender in respect of MPRDC in accordance with the
applicable auditing standards and guidance Note issued by the Institute of Chartered
Accountant of India.
2. We M/s …………..(Name of the Statutory Auditor) are statutory auditors of
…………..………..(Name of the Bidder) for the year ended 31st March 20XX
(appropriate year may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory Auditors of a
company, the form no. ADT [Link] filed with the Registrar of Companies is
attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of chartered
accountants that audited last financial statements/books of accounts shall be treated
as Statutory Auditor while in case of a company, the statutory auditor shall have
same meaning as ‘Auditor’ defined under the Companies Act, 2013.
3. We have obtained all relevant record and information that were necessary for
providing this certificate.
4. We have read and understood the tender documents relating to financial (e.g.
‘Turnover’ and ‘Net worth), verified the standalone audited financial statements
of…… (Name of the Bidder), books of accounts and other relevant records and
information as at 31st March 20XX produced before us by (Name of the Bidder), and
on basis of such verification, information and explanation given to us, we certify that
Net Worth of (Name of the Bidder) as on 31 March 20XX has been computed
strictly in compliance with the provision of clause [Link](ii) of the RFP documents of
the NHIDCL and as under:
Sr. Particulars Amount Remarks
No. (₹ in Cr.)
1 Paid of Equity Share Capital
(This does not include advance against equity and application
money pending allotment)
2 Reserves and Surpluses (Other equity in case of Financial
Statements are prepared under Ind AS) created out of profits)
2.1 Accumulated Profits
2.2 Share/Security premium
2.3 Other Reserves
Total
Less Accumulated losses, if any
Less Miscellaneous expenditure to the extent not written off
or adjusted
Less Deferred Revenue Expenditure, if any
Less write back of depreciation, if any
Less any other reserve created out of profits like
amalgamation, capital restructuring, first time adoption of Ind
AS or debt restructuring prior to full settlement of debts.

5. This is certified that the Calculation of Net worth is based on standalone financial
statements of (Name of the Bidder) prepared in conformity with applicable
Accounting Standards and it does not include following components:
i. Advance against equity;
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ii. Share application money, pending allotment;
iii. Redeemable or non-redeemable Preference share capital;
iv. Convertible and non-convertible debentures;
v. Revaluation Reserves;
vi. Accumulated losses;
vii. Write back of depreciation;
[Link] comprehensive income, in cases where financial statements are prepared based
on Ind AS;
ix. Reserves created from restructuring of debt etc till their settlement of debts;
x. Deferred Tax Liabilities; and
xi. Impact of restructuring or amalgamation of the bidder.
For XYZ & Associates Chartered Accountant (FRN )

Name of CA: …………………..

Partner/Proprietor Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………………

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 APPENDIX-XI

Letter Head of the Statutory Auditor

(Giving phone number, address and email address)
CERTIFICATE OF TURNOVER BY STATUTORY AUDITOR

1. This certificate is being issued on the request of ………..(Name of the Bidder

and address) for participating in tender in respect of MPRDC in accordance with
the applicable auditing standards and guidance Note issued by the Institute of
Chartered Accountant of India.
2. We M/s …………..(Name of the Statutory Auditor) are statutory auditors
of
…………..………..(Name of the Bidder) for the year ended 31st March
20XX (appropriate year may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory
Auditors of a company, the form no.
ADT [Link] filed with the Registrar of Companies is attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of
chartered accountants that audited last financial statements/books of
accounts shall be treated as Statutory Auditor while in case of a
company, the statutory auditor shall have same meaning as ‘Auditor’
defined under the Companies Act, 2013.
3. We have obtained all relevant record and information that were necessary for
providing this certificate.
4. We have read and understood the tender documents relating to financial and
technical capacity (e.g. ‘Turnover’ and ‘Net worth), verified the standalone
audited financial statements of …… (Name of the Bidder), books of accounts and
other relevant records and information as at 31st March 20XX produced before
us by
…………..………..(Name of the Bidder), and on basis of such verification,
information and explanation given to us, we certify as under:

[Link]. Financial year Turnover (₹ In Cr.)

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

In case financial statements of the latest financial year are not audited and
therefore, the bidder cannot make it available, the bidder shall provide an
undertaking to this effect and statutory auditor shall certify the same. In such
case, the bidder shall provide the audited financial statements for five years
85
 immediately preceding the year for which the audited annual report is not being
produced as per clause [Link] of the RFP which shall be considered for
evaluation. In case, undertaking duly certified by Statutory auditor is not
submitted under by the bidder, under such circumstances, the annual turnover
for the year for which audited annual financial statements are not available
shall be considered as ‘Nil’ for the purposes of arriving at the average annual
turnover.

5. Annual Turnover updated to the price level of the year, based on factors
indicated intable xxx of the tender documents, is given below:

Year Year-1 Year-2 Year-3 Year- Year-

4 5
Updation factor 1.00 1.05 1.10 1.15 1.20
Actual Turnover (₹ In lakh)
Updated Turnover (₹ In lakh)

Average Updated Turnover (to the price level of the year) = …… (₹ In

lakh)

6. This is also certified that the Calculation of turnover is based on standalone

financialstatements of..................(Name of the Bidder) prepared in conformity
with
applicable Accounting Standards and it does not include any component of
indirect tax like GST.
7. This is also certified that the that turnover mentioned in para 5 is in individual
capacityof ................... (Name of the Bidder) and its share in the Joint Venture
where
the work had been executed jointly with other party/parties and such a joint
venture is not a separate legal entity. Further, the above turnover does not
include any turnover related to joint venture or subsidiary having a
separate legal entity.
8. This is also certified that turnover mentioned in para 5 is in respect of execution
of construction/ civil /engineering activities and does not include any trading
activity of
…………..……….. (Name of the Bidder).

For XYZ & AssociatesChartered Accountant

(FRN ............... )

Name of CA: …………………..

Partner/Proprietor Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………

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 Appendix-XII
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs)

The Managing Director,

MPRDC,
45A Arera Hills
Bhopal, MP-462011

Sub: BID for ****

Dear Sir,

With reference to your RFP document dated *** **$, I/we, having examined the Bidding
Documents and understood their contents, hereby undertake and confirm as follows:

I/We have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to contractors from
such countries;

I certify that this Bidder is not from such a country or, if from such a country, has been
registered with the Competent Authority and will not sub-contract any work to a contractor
from such countries unless such contractor is registered with the Competent Authority.

I hereby certify that this bidder fulfils all requirements in this regard and is eligible to be
considered.

Yours faithfully,
Date:
(Signature of the Authorized signatory)
Place:
(Name and designation of the of the Authorized signatory)
Name and seal of Bidder/Lead Member
Note:
{Where applicable, evidence of valid registration by the Competent Authority shall be
attached}
In case the above certification is found to be false, this would be a ground for immediate
rejection of Bid/termination and further legal action in accordance with law.

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*****End of the Document *****

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