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RFP for Service Road Strengthening in Maharashtra

The National Highways Authority of India is inviting bids for the strengthening of service roads on NH-161 and NH-53 in Maharashtra, with an estimated cost of Rs. 20.78 crore and a maintenance period of five years. Bidders can submit their technical and financial bids online between December 22, 2025, and January 20, 2026, with the opening of bids scheduled for January 21, 2026. The RFP outlines the bidding process, eligibility requirements, and necessary documentation for interested contractors.

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0% found this document useful (0 votes)

5 views106 pages

RFP for Service Road Strengthening in Maharashtra

Uploaded by

1119946vaibhav

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

National Highways Authority of India Request for Proposal

NATIONAL HIGHWAYS AUTHORITY OF INDIA

(Ministry of Road Transport & Highways, Govt. of India)

Request for Proposal

For
Strengthening of Service Road from Ch. 11+400 to Ch.
12+740 (near Kapashi Village) and Ch. 26+430 to Ch.
27+890 (Patur Bypass stretch) on NH-161 &
Strengthening the Service Road from Km. 271.200 to Km.
272.200 (near Paras Phata) on NH-53 in the State of
Maharashtra.

20th December, 2025

___________________________________________________
TABLE OF CONTENTS
Contents st Office of Regional Officer-Nagpur Page
“Narang Towers”, 1 Floor, Opp. to Office of Dy. Commissioner of Police Traffic (Nagpur
____________________________________________________________________________________
City),Road
Strengthening of Service Palm fromRoad, CiviltoLines,
Ch. 11+400 Nagpur-440
Ch. 12+740 (near Kapashi 001,
Village)Maharashtra
and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 &Tel: 0712-2520091, Email: ronagpur@[Link]
Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 1 of 106
National Highways Authority of India Request for Proposal
S. No.
No.
Notice inviting RFP 4
Disclaimer 6
Glossary 7

1 Introduction 8
1.1 Background 9
1.2 Brief description of Bidding Process 10
1.3 Schedule of Bidding Process 11
2 Instructions to Bidders 13
A General 13
2.1 General terms of Bidding 13
2.2 Eligibility and qualification requirement of Bidder 17
2.3 Proprietary Data 25
2.4 Cost of Bidding 25
2.5 Site visit and verification of information 25
2.6 Verification and Disqualification 26
B Documents 28
2.7 Contents of the RFP 28
2.8 Clarifications 28
2.9 Amendment of RFP 29
C Preparation and Submission of BIDs 30
2.10 Format and Signing of BID 30
2.11 Documents comprising Technical & financial BID 30
2.12 BID Due Date 32
2.13 Late BIDs 32
2.14 Procedure of e-tendering 32
2.15 Online opening of Bids 33
2.16 Rejection of BIDs 34
2.17 Validity of BIDs 34
2.18 Confidentiality 34
2.19 Correspondence with the Bidder 34
D BID Security 35
2.20 BID Security 35
2.21 Performance Security 36

3 Evaluation of Technical and Opening & Evaluation of

financial Bids 38
3.1 Evaluation of Technical BIDs 38
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 2 of 106
National Highways Authority of India Request for Proposal
3.2 Opening and Evaluation of financial Bids 39
3.3 Selection of Bidder 39
3.4 Contacts during BID Evaluation 40
3.5 Correspondence with the Bidder 40
4 Fraud and Corrupt Practices 41
5 Pre-BID Conference 42
6 Miscellaneous 43
Appendices
IA Letter comprising the Technical BID 44
IB Letter comprising the Financial BID 48
II Bank Guarantee for BID Security 68
III Format for Power of Attorney for signing of BID 71
IV Format for Power of Attorney for Lead Member of Joint
73
Venture
V Format for Joint Bidding Agreement for Joint Venture 75
VI Integrity Pact Format 80
VII Form of Bank Guarantee (For Performance Security) 87
VIII Format of LOA 91
IX Certificate regarding Compliance with Restrictions under Rule
144 (xi) of the General Financial Rules (GFRs)
Surety Bond for Bid Security
XI FORM OF SURETY BOND (Performance Security/Additional
Performance Security)
Annexure of Appendix 1A
I Details of Bidder 50
II Technical Capacity of the Bidder 53
III Financial Capacity of the Bidder 55
IV Details of Eligible Project 57
V Statement of legal capacity 61
VI Information required to Evaluate the Bid capacity 62
VII Guidelines of the Department of Disinvestment 65
VIII Details of ongoing Works 67

NOTICE INVITING BID

Bid No.: NHAI/RO-NAG/Tender/Monsoon/2025-26/41 Date: 20.12.2025

RFP for Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near
Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass stretch) on NH-161 &
Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras
Phata) on NH-53 in the State of Maharashtra in the State of Maharashtra on EPC
Mode.

The Ministry of Road Transport & Highways through National Highways Authority of
India is engaged in the development of National Highways and as part of this
endeavour, it has been decided to under take Strengthening of Service Road from
Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890
(Patur Bypass stretch) on NH-161 & Strengthening the Service Road from Km.
271.200 to Km. 272.200 (near Paras Phata) on NH-53 in the State of Maharashtra
through an Engineering, Procurement and Construction (EPC) Contract.

The National Highways Authority of India represented by its chairman now invites
bids from eligible contractors for the following project:
N
Completi
Stat H ICB Estimated Maintenan
Name of work on
e No No. Cost ce period
period
.
Strengthening of Service Rs. 20.78 6 Months 5 years
Tender/Monsoon/ 2025-26/41
NHAI/RO-NAG/
Maharashtra

NH-44

Road from Ch. 11+400 Cr.

to Ch. 12+740 (near (Exclusive
Kapashi Village) and Ch. of GST)
26+430 to Ch. 27+890
(Patur Bypass stretch)
on NH-161 &
Strengthening the
Service Road from Km.
271.200 to Km. 272.200
(near Paras Phata) on
NH-53.

The complete BID document can be viewed / downloaded from official portal of the
NHAI [Link] or the CPPP website [Link] from 22.12.2025
to 20.01.2026 (upto 1100 Hrs. IST). Bidder must submit its Technical Bid at
[Link] and Financial bid at [Link] on or before
20.01.2026 (upto 1100 hours IST). Bids received online shall be opened on
21.01.2026 (at 1130 hours IST).

The CGM (Tech.) & Regional Officer-Nagpur

National Highways Authority of India,
Regional Office- Nagpur, 1st Floor,
Narang Towers, Palm Road, Civil Lines,
Opp. to Office of DCP Traffic (Nagpur City),
Nagpur- 440 001-Maharashtra.
Tel. 0712-2520091
E-mail: ronagpur@[Link]

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 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.

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 India
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.

NATIONAL HIGHWAYS AUTHORITY OF INDIA

SECTION 1

INTRODUCTION
1.1 Background

1.1.1 The National Highways Authority of India represented by its Chairman (the
“Authority”) is engaged in the development of National Highways and as part of
this endeavour, the Authority has decided to undertake the work of Strengthening of
Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch.
26+430 to Ch. 27+890 (Patur Bypass stretch) on NH-161 & Strengthening the
Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra on EPC mode” and has decided to carry out the bidding
process for selection of a Bidder to whom the Project may be awarded. A brief
description of the project may be seen in the Information Memorandum of the
Project at the CPPP website [Link] Brief particulars of the Project
are as follows:

Estimated Project
Length in Construction
Name of the National Highway Cost
km Period
(In Rs. cr.)
Strengthening of Service Road 6.940 Rs. 20.78 Crore 6 months
from Ch. 11+400 to Ch. 12+740 (Exclusive of GST)
(near Kapashi Village) and Ch.
26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 &
Strengthening the Service
Road from Km. 271.200 to Km.
272.200 (near Paras Phata) on
NH-53 in the State of
Maharashtra.

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 paved 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 10 years.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 9 of 106
National Highways Authority of India Request for Proposal
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been
specified in the clause 1.1.1 above, which is exclusive of Goods and Service
Tax (GST). The assessment of actual costs, however, will have to be made by
the Bidders.

1.1.4 The Agreement sets forth the detailed terms and conditions for award of the
project to the Contractor, including the scope of the Contractor’s services
and obligations.

1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with the
terms set forth in this RFP and other documents to be provided by the
Authority pursuant to this RFP (collectively the "Bidding Documents"), and
all BIDs shall be prepared and submitted in accordance with such terms on or
before the BID due date specified in Clause 1.3 for submission of BIDs (the
“BID Due Date”).

1.1.6 Data Lake Portal

(a) The selected Bidder shall use the Link “Data Lake Portal” available on
NHAI Website [Link] to communicate with the Authority Engineer and
NHAI for all contractual correspondence.

(b) No physical document shall be accepted unless and until the same is
specifically stated so in the RFP or it is a legal requirement.

1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a single stage two-part system (referred to as
the "Bidding Process") for selection of the Bidder for award of the Project.
Under this process, the bid shall be invited under two parts. Eligibility and
qualification of the Bidder will be first examined based on the details
submitted under first part (Technical Bid) with respect to eligibility and
qualifications criteria prescribed in this RFP (the “Bidder”, which
expression shall, unless repugnant to the context, include the members of
the Joint Venture). The Financial Bid under the second part shall be
opened of only those Bidders whose Technical Bids are responsive to
eligibility and qualifications requirements as per this RFP.

GOI has issued guidelines (see Annexure-VII of Appendix-1A of RFP) for

qualification of Bidders seeking to acquire stakes in any public sector
enterprise through the process of disinvestment. These guidelines shall
apply mutatis mutandis to this Bidding Process. The Authority shall be
entitled to disqualify any Bidder in accordance with the aforesaid guidelines at
any stage of the Bidding Process. Bidders must satisfy themselves that they are
qualified to bid, and should give an undertaking to this effect in the form at
Appendix-IA.
1.2.2 The Bid shall be valid for a period of 120 days from the date specified in Clause
1.3 for submission of BIDs.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 10 of 106
National Highways Authority of India Request for Proposal

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 submit, along with its BID, a BID Security of
Rs. 41,55,250/- (Forty-One Lakhs, Fifty-Five Thousand, Two Hundred
Fifty Only) (the "BID Security"), refundable not later than 150 (One
hundred & fifty) days from the BID Due Date, except in the case of the
Selected Bidder whose BID Security shall be retained till it has provided a
Performance Security and Additional Performance Security (if any) as per
the provision of this RFP and LOA. Bid security shall be submitted in the
form of Insurance Surety Bond, Account Payee Demand Draft, Banker’s
Cheque or Electronic Bank Guarantee (e-Bank Guaranteeα). The
Insurance Surety Bond shall be verified from the specific portal created for
this purpose. The e-Bank Guarantee shall be transmitted through SFMS
Gateway to NHAI’s Bank. The Bidders shall also make online payment
towards cost of tender document of Rs. 10,000/- (Rupees ten thousand
only) in Authority’s designated bank account and also upload online
payment receipt of the same. Details of designated bank account are as
under:

S. No. Particulars Details

1. Name of Beneficiary National Highways Authority of India
2. Name of Bank Canara Bank
3. Account No. 0265201012218
4. IFSC Code CNRB0000265
5. Branch Gandhinagar, Nagpur, Maharashtra

α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as physical
Bank Guarantee till 27th January 2026
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 11 of 106
National Highways Authority of India Request for Proposal
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 exclusive
of Goods and Services Tax (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.

In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting
the lowest BID price.

1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such
Lowest Bidder fails to submit the originals Bid Security, POA for signing the
Bid, Integrity Pact, and experience certificates apostille at foreign origin, if any
and other documents required as per clause 2.11.2 or 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 the officer designated in Clause 2.11.4 below with
identification/ title: "Queries / Request for Additional Information: RFP for a)
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi
Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass stretch) of Akola to
Medshi on NH-161in the state of Maharshtra on EPC mode. b) Strengthening
the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata)
Amravati-Chikhli section of NH-6 [Package-III] on NH-53 in the State of
Maharashtra 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 - II local Supplier’, as the case may be. The self-certification
shall also have details of the location(s) at which the local value addition is
made. In case, bidder 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
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 12 of 106
National Highways Authority of India Request for Proposal
local content as prescribed for ‘Class - I local Supplier’ under this RFP.
The ‘local content’ requirement to categorize a supplier as ‘Class I local
Supplier’ is minimum 50%.

(ii) ‘Class - II local Supplier’ means a supplier or service provider, whose

goods, services or works offered for procurement, meets the minimum
local content as prescribed for ‘Class - II local Supplier’ under this RFP.
The ‘local content’ requirement to categorize a supplier as ‘Class - II local
Supplier’ is minimum 20%.

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

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

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

I local supplier’ / ‘Class - II local supplier’ shall provide a certificate from
the statutory auditor or cost auditor of the company (in case of
companies) or from a practicing Cost accountant or practicing chartered
accountant (in respect of suppliers other than companies) giving the
percentage of local content.

1.2 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Sl.
Event Description Date
No.
1. Invitation of RFP (NIT) 22.12.2025
2. Last date for receiving queries 10.01.2025
3. Pre-BID meeting at venue 2.11.4 (i) Not Applicable
4. Authority response to queries latest by Not Applicable
5. Last date of downloading of BID 20.01.2026 up to 11:00 Hours
Document
6. BID Due Date 20.01.2026 up to 11:00 Hours
7. Opening of Technical BIDs 21.01.2026 at 11:30 Hrs
8. Declaration of eligible / qualified Bidders Shall be notified by the
Authority
9. Opening of Financial BID Shall be notified by the
Authority
10. Physical Submission of documents Shall be notified by the
mentioned in clause 2.11.2 Authority
11. Letter of Acceptance (LOA) Shall be notified by the
Authority
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 13 of 106
National Highways Authority of India Request for Proposal
Sl.
Event Description Date
No.
12. Return of signed duplicate copy of LOA Next day of issuance of LOA
13. Validity of BID 120 days from BID Due Date
14. Submission of Performance Security (PS) Within 30 days of receipt of
and Additional Performance Security LOA. (The bidder has the
(APS), if any option to provide 50% of PS
and APS, if any within 30 days
of receipt of LOA and the
remaining PS and APS, if any
to be provided within 30 days
of signing of agreement)
15. Signing of Agreement Within 10 days from the
receipt of 50% of Performance
Security and 50% of Additional
Performance Security, if any.
16. Physical Submission of originals Bid Before issuance of Letter of
Security, POA for signing the Bid, Integrity Acceptance (LOA) to the
Pact, and experience certificates apostille Lowest Bidder by the Authority
at foreign origin, if any, and other However, while submitting Bid
documents as specified in clause 2.11.2, Security via Account Payee
by the Lowest Bidder. demand draft or Banker’s
Cheque, it is to be ensured by
the bidder that Account Payee
demand draft or Banker’s
Cheque are submitted
physically latest within 5
working days of the Bid Due
Date (up to 11:00 hours).

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 shall
not be entitled to submit another BID.

2.1.2 An International Bidder bidding individually 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 upload Power of Attorney as per the format at Appendix-
III, authorising the signatory of the BID to commit the Bidder. Lowest Bidder
shall be required to submit original Power of Attorney before issuance of
Letter of Acceptance (LOA) by the Authority.

2.1.6 DELETED

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.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 15 of 106
National Highways Authority of India Request for Proposal

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

2.1.9 This RFP is not transferable.

2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of
Bidding Documents and also fulfilling the criterion as mentioned in clause 2.2.

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

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

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

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

(2) The holding or acquisition of equity control, as above shall include

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

(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.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 16 of 106
National Highways Authority of India Request for Proposal

(4) In case the L-1 Applicant under (a) above is denied the security
clearance, for whatsoever reasons, then the applicants emerging as L-2, L-3
eligible Bidders (in that order) may be given a counteroffer (one by one
sequentially) to match the bid of L-1 applicant/preferred Bidder. In the event
of acceptance of the counteroffer by another eligible Bidder, the project may
be awarded to such Bidder. In case no applicant matches the bid of the L-1
applicant, the bid process shall be annulled and fresh bids invited.

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

2.1.14 The Bidder, should neither be a non-performing party on the date of opening
of tender nor on the date of issue of Letter of Acceptance (LoA).
In case, any debarred/declared non-performer firm submits the bid, the same
will be ignored. In case such firm is lowest (L-1), next lowest firm shall be
considered as L-1. Bid Security submitted by such debarred/declared non-
performer firms shall be returned to them.
Debarment/ declaration as non-performer of a particular firm shall
automatically extend to all its allied firms. In case of a joint venture/
consortium is debarred, all partners/ members shall stand debarred for the
entire period.

The Bidder, shall be deemed to be a non-performing party if it attracts any or

more of the following conditions in any of its ongoing or completed projects:

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

(ii). Fails to mobilize key construction equipment within a period of 4
months from the Appointed Date;
(iii). Fails to complete or has missed any milestone and progress not
commensurate with contiguous unencumbered project length/ROW
available even after lapse of 6 months from respective project
milestone/Schedule Completion date, unless Extension of Time has
been granted due to Authority’s Default or Force Majeure.
(iv). Fails to achieve progress commensurate with funds released from
Escrow Account (Equity + Debt +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 failure/default;

The Bidder may provide

(i) details of all their on-going projects along with updated stage of litigation, if
so, against the Authority / Governments;
(ii) details of updated on-going process of blacklisting if so, under any
contract with Authority / Government; and
(iii) details of all their on-going projects in the format at Annexure-VIII of
Appendix IA (Ref. Clause 10.3 (iv) of Draft EPC Agreement).

The Authority reserves the right to reject an otherwise eligible Bidder on the
basis of the information provided under this clause 2.1.14. The decision of the
Authority in this case shall be final.

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

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

2.1.16 Entities of countries which have been identified by Ministry of Road Transport
& Highways as not allowing Indian companies to participate in their
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, coming to implement the Project. The
term Bidder used herein would apply to a single entity. 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.
(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 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

(d). For determining the eligibility of Bidder from a country which shares a
land border with India the following shall apply:
(i) Any Bidder from a country which shares a land border with India will
be eligible to bid, only if the Bidder is registered with the Competent
Authority, specified in Annexure-I of Order (Public Procurement
No. 1) issued by Ministry of Finance, Department of Expenditure
Public Procurement Division vide F. No. 6/18/2019-PPD, dated 23rd
July 2020, which shall form an integral part of RFP and DCA (Copy
enclosed).

(ii) "Bidder from a country which shares a land border with India"
means:
a) An entity incorporated, established or registered in such a
country, or
b) A subsidiary of an entity incorporated, established or
registered in such a country; or
c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country;
or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A Consortium or joint venture where any member of the
consortium or joint venture falls under any of the above.
(iii) Beneficial owner for the purpose of (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.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 21 of 106
National Highways Authority of India Request for Proposal

Explanation:
a) "Controlling ownership interest" means ownership of or entitlement to
more than twenty-five per cent of shares or capital or profits of the
company.
b) "Control" shall include the right to appoint majority of the directors or to
control the management or policy decisions including by virtue of their
shareholding or management rights or shareholding agreements or
voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s)

who, whether acting alone or together, or through one or 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.

(i) An Agent is a person employed to do any act for another, or to

represent another in dealings with third person.

(ii) 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.

A certificate on the letterhead of the Bidder shall be required to be submitted

by the bidders certifying the following in the format prescribed at Appendix-
IX:

"I/We have read the clause regarding restrictions on procurement from a

bidder of a country which shares a land border with India and on sub-
contracting to contractors from such countries;

I/We, certify that this bidder is not from a country or, if from such a country,
has been registered with the Competent Authority as defined in Public
Procurement Order no. [Link].6/18/2019- PPD dated 23rd July 2020 and will
not sub-contract any work to a contractor from such countries unless such
contractor is registered with the Competent Authority;

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

It may be noted that in case the above certification is found to be false, this
would be a ground for immediate rejection of Bid/termination and further legal
action in accordance with law.

Validity of Registration:

In respect of RFP, registration should be valid at the time of submission of

bids and at the time of acceptance of bids. If the Bidder was validly registered
at the time of acceptance, registration shall not be a relevant consideration
during contract execution.

2.2.2 Qualification requirements of Bidders:

[Link] BID Capacity

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

Assessed Available BID capacity = (AN2.5 – 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.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 23 of 106
National Highways Authority of India Request for Proposal

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 bidder 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
Up-dation 1.00 1.05 1.10 1.15 1.20
factor
4. The Bid capacity status of the bidder to be updated as on the day before
opening the financial bids.
[Link] Technical Capacity
Provided that at least either of the following:
(i) two similar completed works costing not less than amount of
Rs.5.20 Crore equal to 25% each of estimated cost
OR
(ii) one similar completed work costing not less than amount Rs. 7.27
Crores equals to 35% each of estimated 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 subcontracting/ JV project in such a case Approval from
Govt. Authority / Client is required (restricted to allowable sub-
contracting limit/ JV share in original Contract.)
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 24 of 106
National Highways Authority of India Request for Proposal

For this purpose, a project shah 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 the above-
mentioned criteria in the last 5 (five) financial years preceding the
Bid Due Date or till the Bid Due Date. Eligible project costs 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/ upgradation works on MDRs with loan
assistance from multilateral agencies or on BOT basis
c) Widening/ reconstruction/ upgradation works of roads in Municipal
Corporation limits, construction of Bypasses
d) Construction of Stand-alone bridges, R0Bs, tunnels.
e) Construction/ reconstruction of linear projects like airport runways.
f) Viaducts of Railways/ Metro
g) Container yard of ports

(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
Up-dation factor 1.00 1.05 1.10 1.15 1.20

[Link] Financial Capacity:

(i) The Bidder shall have a minimum Net Worth (the “Financial
Capacity”) of Rs. 1.04 Crore at the close of the preceding financial
year.

(ii) The Bidder shall have a minimum Average Annual Turnover (updated to
the price level of the year based on factors indicated in table below) of
Rs. 4.16 Crore for the last 5 (five) financial years.

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

Up-dation factor 1.00 1.05 1.10 1.15 1.20

[Link] DELETED

[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 Projects"). In case the Bidder
has experience across different categories, the experience for each
category would be computed as per weight of following factors to arrive
at its aggregated Eligible Experience:
Category Project / Construction experience on Eligible Factors
Projects
1 Project in highways sector that qualify under 1
Clause [Link] (i)
2 Project in core sector that qualify under 0.75
Clause [Link] (i)
3 Construction in highways sector that qualify under 1
Clause [Link] (ii)
4 Construction in core sector that qualify under 0.75
Clause [Link] (ii)

(iii) 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.

(iv) 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), O8M work, Short Term Maintenance
Contract (STMC), railways (construction/reconstruction of
railway tracks, etc.) metro rail and ports (including
construction/reconstruction cost of Jetties, any other linear
infrastructure including bridges etc.)..

(v) Maintenance works are not considered as eligible project for

evaluation as per Instruction No.6 to Annex-IV. As such works with
nomenclature like PR, OR, FDR,SR, site/micro grading, surface
renewal, resurfacing work, Tarring, B.T. surface work, temporary
restoration, urgent works, periodic maintenance, repair &
rehabilitation, one time maintenance, permanent protection work of
bank, external pre stressing, repair of central hinge, short term OMT
contract of NHAI, any type of work related to border fencing, work of
earthwork alone, construction of buildings/ hostels, etc., or not
speciﬁed, shall not be 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) 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) the capital cost of the project should be more than 5% of the
amount specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five)
financial years preceding the Bid Due Date, have itself undertaken
the construction of the project for an amount equal to at least one
half of the Project Cost of eligible projects, excluding any part of
the project for which any contractor, sub-contractor or other agent
was appointed for the purposes of construction.

(ii) For a project to qualify as an Eligible Project under Categories 3 and 4,

the Bidder should have received payments from its client(s) for
construction works executed, fully or partially, or work executed and
certified by the Engineer-in-charge/Independent Engineer/Authority’s
Engineer during the 5 (five) financial years immediately preceding the
Bid Due Date, and only the amounts (gross) actually received/ work
executed, during such 5 (five) financial years shall qualify for purposes
of computing the Experience Score. However, receipts of or work
executed amount less than of Rs. 1.04 Crore shall not be reckoned as
receipts for Eligible Projects. For the avoidance of doubt, construction
works shall not include supply of goods or equipment except when
such goods or equipment form part of a turn-key construction contract /
EPC contract for the project. Further, the cost of land and also cost
towards pre-construction activities (like shifting of utilities etc.) shall not
be included hereunder.

(iii) The Bidder shall quote experience in respect of a particular Eligible

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

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

[Link] Submission in support 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.

[Link] Submission in support of financial capacity

(i) The Technical Bid must be accompanied by the Audited Annual

Reports of the Bidder 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

(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.

2.4 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 within 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 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;
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 30 of 106
National Highways Authority of India Request for Proposal
(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.

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 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
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 31 of 106
National Highways Authority of India Request for Proposal
the Agreement. In the event any such adviser is engaged by the selected
Bidder or Contractor, as the case may be, after issue of the LOA or execution
of the Agreement for matters related or incidental to the project, then
notwithstanding anything to the contrary contained herein or in the LOA or the
Agreement and without Prejudice to any other right or remedy or the Authority,
including the forfeiture and appropriation of the BID Security or Performance
Security, as the case may be, which the Authority may have there under or
otherwise, the LOA or the Agreement, as the case may be, shall be liable to
be terminated without the Authority being liable in any manner whatsoever to
the Selected Bidder or Contractor for the same. For the avoidance or doubt,
this disqualification shall not apply where such adviser was engaged by the
Bidder, its Member or Associate in the past but its assignment expired or was
terminated 6 (six) months prior to the date of issue of this RFP. Nor will this
disqualification apply where such adviser is engaged after a period of 3 (three)
years from the date of commercial operation of the Project.

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 BID

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 VII

IB. Letter comprising the Financial BID
II. Bank Guarantee for BID Security
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA
IX. Certificate regarding Compliance with Restrictions under Rule
144 (xi) of the General Financial Rules (GFRs)
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 32 of 106
National Highways Authority of India Request for Proposal
X. Surety Bond for Bid Security
XI. FORM OF SURETY BOND (For Performance Security/Additional
Performance Security)

Part –II
Agreement Document with schedules

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

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

2.8 Clarifications

2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in writing
by e-mail in accordance with Clause 1.2.9. They should send in their
queries on or before the date mentioned in the Schedule of Bidding
Process specified in Clause 1.3. The Authority shall endeavour to respond to
the queries within the period specified therein, but no later than 15 (fifteen)
days prior to the BID Due Date. The responses will be sent by fax or e-mail.
The Authority will forward all the queries and its responses thereto, to all
Bidders without identifying the source of queries.

2.8.2 The Authority shall endeavour to respond to the questions raised or

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

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 NHAI’s website
([Link]), NHAI’s e-Tendering Portal ([Link]

C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

2.10.1 The Bidder shall provide all the information sought under this RFP. The
Authority will evaluate only those BIDs that are received online in the required
formats and complete in all respects. However, Bid Security, POA for signing
the Bid, Integrity Pact, and experience certificates apostille at foreign origin,
if any shall be submitted physically in original by the Lowest Bidder before
issuance of Letter of Acceptance (LOA) by the Authority. However, while
submitting Bid Security via Account Payee demand draft or Banker’s
Cheque, it is to be ensured by the Bidder that Account Payee Demand
Draft or Banker’s Cheque are submitted physically latest within 5
working days of the Bid Due Date (upto 11:00 hours). Lowest Bidder
failing to submit the original documents required as per above shall be
unconditionally debarred from bidding in NHAI projects for a period of 5
years.

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 on CPPP Portal i.e. NHAI’s e-Tendering and
BIMS portal all the project details, net worth details, turnover details, bridge
and tunnel details and all other details required in this RFP for technical
qualification. The Bidder shall ensure that all the details are updated as on the
due date of submission of this bid.
The Bidder shall then apply for the RFP on the CPPP website https://
[Link] by submitting the documents mentioned below along with the
supporting documents which shall comprise of the Technical BID on the CPPP
portal and BIMS Portal:
Technical Bid

(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-

VI and supporting certificates / documents.

(b) Power of Attorney for signing the BID as per the format at Appendix-III;

(d) DELETED
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 34 of 106
National Highways Authority of India Request for Proposal

(e) Deleted

(f) Bid Security of Rs. 41,55,250/- (Forty-One Lakhs, Fifty-Five

Thousand, Two Hundred Fifty Only) in the form of Insurance Surety
Bond (in the format at Appendix – X issued by Insurance Company
authorized by Insurance Regulatory and Development Authority of
India), Account Payee Demand Draft, Banker’s Cheque or e-Bank
Guaranteeα in the format at Appendix-II from a Scheduled bank.

(g) Copy of Online receipt towards the payment of cost of Bid document of
Rs.10,000/- (Rupees ten thousand only) in Authority’s designated
bank account;

(h) Deleted;
(i) Bidder shall comply with the provisions of NHAI/Policy
Guidelines/Vigilance/2020 Policy Circular No.: 5.8 dated
29thDecember 2020 and its subsequent amendments if any, issued
by NHAI (Appendix-VI) regarding adoption of revised 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
NHAI and amendments uploaded, if any;
(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 for
preceding 5 years;
(n) Copy of originals of experience certificates 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-IX
shall be submitted by the Bidder with the RFP Bid duly signed by
Authorized signatory & shall be part of the Contract Agreement; and

(p) Copy of Registration from the Competent Authority as defined in Public

Procurement Order No. F. No. 6/18/2019-PPD dated 23rd July 2020, if
applicable (to be submitted by the “Bidder from a country which shares
a land border with India”).

α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as physical Bank
Guarantee till 27th January2026 .
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 35 of 106
National Highways Authority of India Request for Proposal

Financial Bid
(q) Appendix-IB (Letter comprising the Financial Bid) shall be submitted
online through e-procurement portal [Link] on or before
11:30 hrs on 21.01.2025.

Self-Certification
Self- certification by the Bidder that its Bid meets the Local Content
requirement for ‘Class - I Local supplier’/ ‘Class - II Local supplier’, as the
case may be. The Self-certification shall also have details of the location(s) at
which the local value addition is made. In case, bidder do not submit the
aforesaid Certification, the bidder will be summarily treated as ‘Non Local
Supplier’.

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

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

2.11.2 The Lowest Bidder shall be required to submit original of documents listed below
(before issuance of Letter of Acceptance (LOA) by the Authority:
a) Appendix-IA (Letter comprising the Technical Bid).
b) Appendix-IB (Letter comprising the Financial BID)
c) Annex-V Statement of Legal Capacity
d) Original Power of Attorney signing the BID as per format at Appendix-III
e) if applicable, Original Power of Attorney for Lead Member of Joint Venture as
per the format at Appendix-IV;
f) if applicable, Original Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
g) Bid Security of Rs. 41,55,250/- (Forty-One Lakhs, Fifty-Five Thousand,
Two Hundred Fifty Only) in the form of Insurance Surety Bond (in the
format at Appendix- X issued by Insurance Company authorized by Insurance
Regulatory and Development Authority of India) or Account Payee Demand
Draft or Fixed Deposit Receipt or Banker's Cheque or Bank Guarantee
(including e-Bank Guarantee) in the format at Appendix-II from a Scheduled
bank;
h) Bidder shall comply with the provisions of NHAI/Policy
Guidelines/Vigilance/2020 Policy Circular No. 5. 8 dated 29th December 2020
issued by NHAI and its subsequent amendments if any, issued by
NHAI/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 Agr8ement; and
i) An undertaking from the person having PoA referred to in Sub. Clause-(a) above
that they agree and abide by the Bid documents uploaded by NHAI and
amendments uploaded, if any
j) Copy of experience certificates apostille at foreign origin, if any
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 36 of 106
National Highways Authority of India Request for Proposal
k) Certificate regarding Compliance with Restrictions under Rule 144(xi) of the
General Financial Rules (GFRs) as per format given in Appendix-XI shall be
submitted by the Bidder with the RFP Bid duly signed by Authorised signatory
& shall be part of the Contract Agreement; and
l) Proof of Registration with the Competent Authority as defined in Public
Procurement Order No. F. No. 6/18/2019-PPD dated 23rd July 2020, if
applicable (to be submitted by the “Bidder from a country which shares a land
border with Indian

While submitting Bid Security and Performance Security via Account Payee
demand draft or Banker’s Cheque, it is to be ensured by the bidder that
Account Payee demand draft or Banker’s Cheque are submitted physically
latest within 5 working days of the Bid Due Date (upto 11:00 hours) to the
following address placed in a sealed envelope and bearing the identification “a)
Strengthening of Service Road from km 323+830 to km 324+950 and km
333+350 to km 334+500 and (b) Construction of Box MNB at km 332+046 on
Karodi (km 320+640) to Telwadi (km 375+000) Road Section of NH52 in the
State of Maharashtra on EPC Mode.”.
Address:-
National Highways Authority of India,
Regional Office-Nagpur, "Narang Towers",
1st Floor, Opp. to Office of DCP Traffic (Nagpur City)
Palm Road, Civil Lines, Nagpur-440001,
Maharashtra
Else the bid submitted will be rejected.

2.11.3 The documents listed at clause 2.11.2 shall be required to be submitted by the
Lowest Bidder before issuance of Letter of Acceptance (LOA) by the
Authority. Lowest Bidders (including all of its joint venture members) failing to
submit the original documents shall be unconditionally debarred from bidding
in NHAI projects for a period of 5 years from the date of issue of debarment
notice. These documents shall be placed in an envelope, which shall be
sealed.

The envelope shall clearly bear the identification “BID for the work of
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi
Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass stretch) on NH-161 &
Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras
Phata) on NH-53 in the State of Maharashtra.” and shall clearly indicate the name
and address of the Bidder.

2.11.4 Physical submission of documents mentioned in Clause 2.11.2 in the sealed

envelope shall be addressed to the following officer and shall be submitted at
the respective address:

ATTN. OF : Mr. R.P. Singh

DESIGNATION : CGM(Tech.)/Regional Officer
ADDRESS : National Highways Authority of India,
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 37 of 106
National Highways Authority of India Request for Proposal
Regional Office-Nagpur,
"Narang Towers",
1st Floor, Opp. to Office of DCP Traffic
(Nagpur City) Palm Road, Civil Lines,
Nagpur – 440 001, Maharashtra
PHONE NO. : 0172-2520091
E-MAIL ADDRESS : ronagpur@[Link]

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

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

2.12 BID Due Date

Financial BID comprising of the documents listed at clause 2.11.1 of the
RFP shall be submitted online through e-procurement portal
[Link] on or before 11:00 Hours on 20.01.2025.
Documents listed at clause 2.11.2 of the RFP shall be physically submitted.
A receipt thereof should be obtained from the person specified at Clause
2.11.4.

2.13 Late BIDs

E-procurement portal CPPP website [Link] shall not allow

submission of any Bid after the prescribed date and time at clause 2.12.

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 Organization) 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 NHAI.

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

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

2.14.1.2To participate in the bidding, it is mandatory for the Bidders to get registered
their firm with e-procurement portal [Link] to have user ID

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

date of submission of BID.

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

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

[Link] If the firm is already registered with e-tendering service provider, and
validity of registration is not expired, then the firm is not required a fresh
registration.

[Link] The complete BID document can be viewed / downloaded by the Bidder
from e-procurement portal [Link] from 22.12.2025 to
20.01.2026 (upto11:00 Hrs).

[Link] Deleted

2.14.2 Preparation & Submission of BIDs:

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

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

[Link] Bid must be submitted online only through e-procurement portal https://
[Link] using the digital signature of authorized representative of
the Bidder on or before 20.01.2025 (upto11:00 hours).

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

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The NHAI shall on-line open Technical BIDs on 21.01.2025 at 11:30 hours,
in the presence of the authorized representatives of the Bidders, who choose
to attend. The NHAI 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.

2.17 Validity of BIDs

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

2.18 Confidentiality

Information relating to the examination, clarification, evaluation and

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

2.19 Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain
any correspondence with any Bidder in relation to acceptance or rejection
of any BID. However, the Authority would display the result of technical
evaluation on the web portal for 7 days including reasons for non-
responsiveness, if any, and the financial bid will be opened thereafter.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 40 of 106
National Highways Authority of India Request for Proposal

D. BID SECURITY

2.20 BID SECURITY

2.20.1 The Bidder shall furnish as part of its BID, a BID Security referred to in
Clause 1.2.4 herein above in the form of Insurance Surety Bond (issued by
Insurance Company authorized by Insurance Regulatory and Development
Authority of India in the format at Appendix X), Account Payee Demand
Draft, Banker’s Cheque or e-Bank Guaranteeα issued by nationalised bank,
or a Scheduled Bank in India having a net worth of at least Rs. 1,000 crore
(Rs. one thousand crore), in favour of the Authority in the format at
Appendix-II (the “Bank Guarantee”) and having a validity period of not less
than 180 (one hundred eighty) days from the BID Due Date, inclusive of a
claim period of 60 (sixty) days, and may be extended as may be mutually
agreed between the Authority and the Bidder from time to time. The
Insurance Surety Bond shall be verified from the specific portal created
for this purpose. This e-Bank Guarantee shall be transmitted through
SFMS Gateway to NHAI’s Bank. In case the Bank Guarantee is issued by
a foreign bank outside India, confirmation of the same by any nationalised
bank in India is required. For the avoidance of doubt, Scheduled Bank shall
mean a bank as defined under Section 2(e) of the Reserve Bank of India
Act, 1934. A scanned copy of the Account Payee Demand Draft, Banker’s
Cheque or e-Bank Guarantee shall be uploaded on e-procurement portal while
applying to the tender.

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

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

2.20.4 The Authority shall be entitled to forfeit and appropriate the BID Security
as Damages inter alia in any of the events specified in Clause 2.20.5 herein
below. The Bidder, by submitting its BID pursuant to this RFP, shall be
deemed to have acknowledged and confirmed that the Authority will suffer
loss and damage on account of withdrawal of its BID or for any other default
by the Bidder during the period of BID validity as specified in this RFP. No
relaxation of any kind on BID Security shall be given to any Bidder.

α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as physical Bank
Guarantee till 27th January 2026..
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 41 of 106
National Highways Authority of India Request for Proposal
2.20.5 The BID Security shall be forfeited and appropriated by the Authority as
damages payable to the Authority for, inter-alia, time cost and effort of the
Authority without prejudice to any other right or remedy that may be available
to the Authority under the bidding documents and / or under the Agreement,
or otherwise, under the following conditions:

(a) Deleted

(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice as specified in Section
4 of this RFP;

(c) If a Bidder withdraws its BID during the period of Bid validity as specified in
this RFP and as extended by mutual consent of the respective Bidder(s)
and the Authority;

(d) In the case of Selected Bidder, if it fails within the specified/extended time
limit by Authority –

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

(ii) to furnish the Performance Security /Additional Performance
Security (if any) as per Clause 2.21; or
(iii) 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 in the form of Insurance Surety Bond
in the format at Appendix – XI, Account Payee Demand Draft, Banker’s
Cheque an irrevocable and unconditional e-Bank guaranteeα from a Bank
in the form set forth in Appendix-VII (the “Performance Security”) for an
amount equal to 3% (Three percent) of its Bid Price. In case of bids
mentioned below, the Selected Bidder, along with the Performance
Security, shall also furnish to the Authority in the form of Insurance Surety
Bond (issued by Insurance Company authorized by Insurance
Regulatory and Development Authority of India in the format at
Appendix – XI), Account Payee Demand Draft, Banker’s Cheque or an
irrevocable and unconditional e-Bank Guarantee from a Bank in the same
form given at Appendix-VII towards an Additional Performance Security
(the “Additional Performance Security”) for an amount calculated as under:

(i) where the bid price is below 10% but not below 20% of the project
cost put to bid the additional performance guarantee /
security percentage shall be incremented by 0.1% for every
percentage of bid price below 10% of the project cost put to bid
starting at 11% with the additional bid performance guarantee being
0.1% and this additional performance guarantee percentage shall be
appl1ed on the bid price;
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 42 of 106
National Highways Authority of India Request for Proposal
(ii) where the bid price is 20% or more below of the project cost put
to bid, the additional performance guarantee percentage shall be
incremented by 0.2% for every percentage of bid price below 20% of
the project cost put to bid 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) The additional performance security shall be treated as part of the
performance security.
2.21.2 The Performance Security shall be valid until 60(sixty) days after the
Defects Liability Period. The Additional Performance Security shall be
valid until 28 (twenty-eight) days after Project Completion Date.
2.21.3 The Selected Bidder has the option to provide 50% of the Performance
Security and 50% of the Additional Performance Security, if any, within 30
(thirty) days of receipt of Letter of Acceptance, in any case before signing
of the Contract Agreement and the remaining Performance Security and
Additional Performance Security, if any, shall be submitted within 30 days
of signing of the agreement.
2.21.4 In the event the Selected Bidder fails to provide the remaining
Performance Security and Additional Performance Security, if any, as
prescribed herein, it may seek extension of time for a further period up to
60 days by paying the Damages upfront along with the request letter
seeking the extension. The Damages shall be the sum calculated at the
rate of 0.01% (zero point zero one per cent) of the Bid Price offered by the
Selected Bidder for each day until the Performance Security and
Additional Performance Security, if any, is provided in full as prescribed
herein. The damages at full rate as given above shall be applicable even if
a part of the Performance Security and the Additional Performance
Security is provided.
2.21.5 For avoidance of any doubt, in case of failure of submission of
Performance Security and Additional Performance Security, if any, within
the additional 60 days’ time period, the award shall be deemed to be
cancelled/ withdrawn, and the Bid Security shall be encashed and the
proceeds thereof appropriated by the Authority. Thereupon all rights,
privileges, claims and entitlements of the Contractor under or arising out of
the Award shall be deemed to have been waived by, and to have ceased
with the concurrence of the Contractor, and the Award shall be deemed to
have been withdrawn by the Authority

2.22 The agreement will be executed within 10 days of receipt of 50% Performance
Security and 50% of Additional Performance Security, if any, as per sub-clause
2.21 above.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 43 of 106
National Highways Authority of India Request for Proposal

SECTION-3

EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF

FINANCIAL BIDS

3.1 Evaluation of Technical Bids

3.1.1 The Authority shall open the BIDs received online at 11:30 hours IST on
21.01.2025, at the place specified in Clause 2.11.4(i); and in the presence
of the Bidders who choose to attend. The Authority shall prepare minutes of
the BID opening, including information disclosed to those present at the time of
BID opening.

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

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

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

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

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

3.1.6 Tests of responsiveness

3.1.6.1As a first step towards evaluation of Technical BIDs, the Authority shall
determine whether each Technical BID is responsive to the requirements of
this RFP. A Technical BID shall be considered responsive only if:

(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, II, III, IV, V and VI (Bid Capacity format);
(b) Deleted;
(c) Technical Bid is accompanied by the BID Security as specified in Clause
1.2.4 and 2.20;
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 44 of 106
National Highways Authority of India Request for Proposal
(d) The Power of Attorney is uploaded on e-procurement portal as
specified in Clauses 2.1.5;
(e) DELETED
(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 of
Rs.10,000/-(Rupees ten thousand only) in Authority’s designated bank
account is uploaded on e-procurement portal.;

3.1.6.2The Authority reserves the right to reject any Technical BID which is non-
responsive and no request for alteration, modification, substitution or withdrawal
shall be entertained by the Authority in respect of such BID.

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

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

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

3.2 Opening and Evaluation of Financial Bids

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

3.3 Selection of Bidder

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

(i) Among the entire responsive bidder, the lowest bidder will be
termed as L1. If L1 is ‘Class-I Local Supplier’, the contract will be
awarded to L1.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 45 of 106
National Highways Authority of India Request for Proposal

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

(iii) In case such lowest eligible ‘Class - I local supplier’ fails to match
the L1 price, the ‘Class - I local supplier’ with the next higher bid
within the margin of purchase preference shall be invited to match
the L1 price and so on and contract shall be awarded accordingly.

In case none of the ‘Class - I local supplier’ within the margin of

purchase preference matches the L1 price, the contract shall be
awarded to the L1 bidder.

‘Margin of purchase preference’ means the maximum extent to

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

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

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

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

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

shall cause the Bidder to submit Performance Security and Additional
Performance Security (if any) within the period prescribed/extended by
Authority and then execute the Agreement within the period prescribed in
Clause 1.3. The Selected Bidder shall not be entitled to seek any deviation,
modification or amendment in the Agreement.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 46 of 106
National Highways Authority of India Request for Proposal

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

3.4 Contacts during BID Evaluation

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

3.5 Correspondence with Bidder

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

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

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 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.

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.

MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with,
the laws of India and the Courts at New Delhi 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.

LETTER COMPRISING THE TECHNICAL BID

(Refer Clause 2.1.4, 2.11 and 3.1.6)
To
The Chief General Manager (Tech.)/Regional Officer
National Highways Authority of India,
Regional Office-Nagpur, "Narang Towers",
1st Floor, Opp. to Office of DCP Traffic (Nagpur City)
Palm Road, Civil Lines, Nagpur-440001, Maharashtra

Sub.: BID for the work of “Strengthening of Service Road from Ch. 11+400 to Ch.
12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass
stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km.
272.200 (near Paras Phata) on NH-53 in the State of Maharashtra.

Dear Sir,

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

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

in the BID and the documents accompanying the BID for selection of
the Contractor for the aforesaid Project, and we certify that all information
provided in the Bid and it’s 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 supplementing or authenticate the BID.

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

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

7. I declare that:
(a) I have examined and have no reservations to the Bidding Documents, including
any Addendum issued by the Authority; and
(b) I do not have any conflict of interest in accordance with Clauses 2.2.1 (c)
and 2.6.4 of the RFP documents; and
(c) I have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 4.3 of the RFP document,
in respect of any tender or request for proposal issued by or any Agreement
entered into with the Authority or any other public sector enterprise or any
government, Central or State; and
(d) I 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 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 believe that I satisfy(s) the Threshold Technical Capacity, Net Worth

criteria and meet(s) the requirements as specified in the RFP document.

10. I declare that I am not a member of any other Joint Venture submitting a BID for
the Project.

11. I certify that in regard to matters other than security and integrity of the
country, I 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 further certify that in regard to matters relating to security and integrity of the
country, I have not been charge-sheeted by any agency of the Government or
convicted by a Court of Law.

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

against me or against our CEO or any of our directors/ managers/ employees.

14. I further certify that I am 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 undertake that in case due to any change in facts or circumstances during the
Bidding Process, I am attracted by the provisions of disqualification in terms
of the guidelines referred to above, we shall intimate the Authority of the same
immediately.

16. I further acknowledge and agree that in the event such change in control
occurs after signing of the Agreement up to 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 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 forth in the Agreement, we shall have no claim, right or title arising
out of any documents or information provided to us by the Authority or in
respect of any matter arising out of or relating to the Bidding Process
including the award of Agreement.

20. I/ We offer a BID Security of Rs…………..

(Rs…………………………………………. ) to the Authority in accordance with
the RFP Document.

21. The BID Security in the form of Insurance Surety Bond/Account Payee
Demand Draft/ Banker’s Cheque/e-Bank Guaranteeα (Strike out whichever is
not applicable) is attached.

α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as
physical Bank Guarantee till 27th January2026 .
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 54 of 106
National Highways Authority of India Request for Proposal
22. The documents accompanying the Technical BID, as specified in Clause 2.11.1
of the RFP, shall be 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 agree and undertake to abide by all the terms and conditions of the RFP
document.

26. DELETED

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

28 I 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

Sub: BID for “ Strengthening of Service Road from Ch. 11+400 to Ch. 12+740
(near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass stretch) on
NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near
Paras Phata) on NH-53 in the State of Maharashtra.

Dear Sir,

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

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

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

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

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

7. I hereby submit our BID and offer a BID Price online for undertaking the
aforesaid Project in accordance with the Bidding Documents and the
Agreement.

Yours faithfully,

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

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. DELETED

………contd
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 58 of 106
National Highways Authority of India Request for Proposal

Appendix IA
Annex-I

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

(b) I certify that we/ any of the do not fall in any of the categories of being a non-
performing entity given at Clause 2.1.14 of Instructions to Bidders in the projects of
Expressways, National Highways, ISC and EI works of Ministry of Road Transport &
Highways or its implementing agencies and furnished the complete details.

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

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

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

outside is pending either against me or our sister concern or against our CEO or any
of our directors/managers/employees.

A statement by the Bidder 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.

………contd

____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 59 of 106
National Highways Authority of India Request for Proposal
Name of the Bidder /Member of JV: __________________________
Name of the
Sr. No. Categories of non-performer
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 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
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 casualties are
reported (casualties include injuries to human being /
animals).
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 60 of 106
National Highways Authority of India Request for Proposal
Name of the
Sr. No. Categories of non-performer
Project(s)
xii Occurrence of major failure of structures/highway due
to construction defect wherein no casualties are
reported (casualties 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 Authority.
xviii 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 Consortium/JV Member, as the
case may be.
xix Expelled from the contract or the contract terminated
by the Ministry of Road Transport & Highways or its
implementing agencies for breach by such Bidder,
including individual or any of its Consortium/JV
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 certify that the list is complete and covers all the projects of Expressways, National
Highways, ISC and EI works of Ministry of Road Transport & Highways or its
implementing agencies and that we/ any of the JV partners do not fall in any of the
above categories of being a non-performing entity.
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………………..

@ Provide details of only those projects that have been undertaken by the Applicant,
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 **

(**)1 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.

1
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the
Reserve Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight) days
prior to the Application Due Date.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 62 of 106
National Highways Authority of India Request for Proposal

Annex-III
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 Year 3 Year 4 Year 5 Year 1
2
Single entity Bidder
TOTAL

Bidd Annual Turnover Average Annual

er Turnover
type (In Rs. crore$)
Year 1 Year 2 Year 3 Year 4 Year 5
(Rs Updati (Rs Updati (Rs Updati (Rs Updati (Rs Updati
.) on .) on .) on .) on .) on
factor factor factor factor factor
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6x7+8x9+
10x11)/5
Singl 1.00 1.05 1.10 1.15 1.20
e
entit
y
Bidd
er

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.

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 10
equity was held)

Instructions:

1. Bidders are expected to provide information in respect of each Eligible

Projects in this Annex. The projects cited must comply with the eligibility
criteria specified in Clause [Link] (i) and [Link] (ii) of the RFP, as the case
may be. Information provided in this section is intended to serve as a back-up
for information provided in the Application. Applicants should also refer to the
Instructions below.
2. The 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

$
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.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 66 of 106
National Highways Authority of India Request for Proposal

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)

14. If the Bidder is claiming experience under Category 3 & 4,as per Clauses
[Link] and [Link](ii)of the RFP, it should provide a certificate from its
Statutory Auditor/client/Engineer-in charge/ Independent Engineer/Authority’s
Engineer in the format below:

 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.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 67 of 106
National Highways Authority of India Request for Proposal

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:
5. 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.


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.

ANNEX-V
Statement of Legal Capacity

(To be forwarded on the letterhead of the Applicant)

Ref. Date:

To,
The Chief General Manager (Tech.)/Regional Officer
National Highways Authority of India,
Regional Office-Nagpur, "Narang Towers",
1st Floor, Opp. to Office of DCP Traffic (Nagpur City),
Palm Road, Civil Lines, Nagpur-440001, Maharashtra

Dear Sir,

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

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

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):
Value of Civil Engg.
Works undertaken w.r.t. Amount of Net Value
Sl.
Year EPC Projects including bonus (Rs. in excluding bonus
No.
bonus, if any (Rs. in Crores) (Rs. in Crores)
Crores)
1 2024-25/2025
2 2023-24/2024
3 2022-23/2023
4 2021-22/2022
5 2020-21/2021
2. Maximum value of projects that have been undertaken during the F.Y.
________ out of the last 5 years and value excluding amount of bonus thereof
is Rs._____Crores (Rupees__________________________). Further, value
updated to the price level of the year indicated in Appendix is as follows:

Rs. ____ Crores x _(Updation Factor as per Appendix) = Rs. _____

Crores (Rupees______________________________________)
4. Amount of bonus received, if any, in EPC Projects during the last 5 years
(updated to the price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount Updation Updated Amount of
No. Year of Bonus Factor Bonus (Rs. in
(Rs. in Crores)
Crores)
1 2024-25/2025 1.00
2 2023-24/2024 1.05
3 2022-23/2023 1.10
4 2021-22/2022 1.15
5 2020-21/2021 1.20
Total (C)=
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of Authorised
Seal of the audit firm: (Signature, name and Signatory
designation and Membership No. of For and on behalf of ………………(Name of
authorised signatory) the Bidder)
:
Date:

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 01 year is as follows:

Date of
issue of
LOA /
Date of Value
Percentag
opening of Balance Balance
Sl Nam e of Construct Anticipat
of contra Value of value of value of
e of participati ion period ed date
financia ct as work work to work at
N Proje on of as per of
l bid / per complet be 2024-
ct/Wo Bidder in Agreeme completi
Date of Agree ed complet 25/2025
rk the nt/ LOA on
start / ment ed price level
project
appoint /LOAβ
ed date
of
project
Rs. in Rs. in Rs. in Rs. in
Crore Crore Crore Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x #)

Total

# Updation Factor as given below:

F.Y. / Calendar
For Year Updation Factor
Year
1 2024-25/2025 1.00
2 2023-24/2024 1.05
3 2022-23/2023 1.10
4 2021-22/2022 1.15
5 2020-21/2021 1.20

The Statement showing the value of all existing commitments, works for which the
contractor has emerged as the winner of the bid and anticipated value of work to be

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.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 71 of 106
National Highways Authority of India Request for Proposal
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/ works for which the contractor
has emerged as the winner of the bid 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 B

Date:

Place:

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
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

Appendix - IA
Annexure-VIII

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

S. Name of Contract Appointed Original Likely Date Reason for

No. the work Price (INR Date Scheduled of Delay#
Cr) Completion Completio
Date n
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.)
#Tobe 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: __________________

APPENDIX – II

Bank Guarantee for BID Security

(Refer Clauses 2.20)
B.G. No. Dated:

1. In consideration of you, National Highways Authority of India, having its office

at Regional Office-Nagpur, "Narang Towers", 1st Floor, Opp. to Office of DCP Traffic
(Nagpur City) Palm Road, Civil Lines, Nagpur-440001, Maharashtra, (hereinafter
referred to as the “Authority”, which expression shall unless it be repugnant to the
subject or context thereof include its, successors and assigns) having agreed to
receive the BID of …………………… and having its registered office at
……………………… (and acting on behalf of its JV) (hereinafter referred to as
the “Bidder” which expression shall unless it be repugnant to the subject or context
thereof include its/their executors, administrators, successors and assigns), for the
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi
Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass stretch) on NH-161 &
Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras
Phata) on NH-53 in the State of Maharashtra. (hereinafter referred to as “the
Project”) pursuant to the RFP Document dated …………… issued in respect of the
Project and other related documents including without limitation the draft
contract Agreement (hereinafter collectively referred to as “Bidding Documents”), we
(Name of the Bank) having our registered office at ………………… and one of its
branches at …………………….. (hereinafter referred to as the “Bank”), at the request
of the Bidder, do hereby in terms of Clause 1.2.4 read with Clause 2.20 of the RFP
Document, irrevocably, unconditionally and without reservation guarantee the
due and faithful fulfilment and compliance of the terms and conditions of the
Bidding Documents (including the RFP Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an amount
of Rs._____________/- (Rupees ___________________ Only) (hereinafter
referred to as the “Guarantee”) as our primary obligation without any demur,
reservation, recourse, contest or protest and without reference to the Bidder if the
Bidder shall fail to fulfil or comply with all or any of the terms and conditions contained
in the said Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in
default of the due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Documents shall be final, conclusive and
binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and
payable under this Guarantee without any demur, reservation, recourse, contest
or protest and without any reference to the Bidder or any other person
and irrespective of whether the claim of the Authority is disputed by the Bidder or
not, merely on the first demand from the Authority stating that the amount
claimed is due to the Authority by reason of failure of the Bidder to fulfil and
comply with the terms and conditions contained in the Bidding Documents
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 76 of 106
National Highways Authority of India Request for Proposal
including failure of the said Bidder to keep its BID open during the BID validity
period as set forth in the said Bidding Documents for any reason
whatsoever. Any such demand made on the Bank shall be conclusive as
regards amount due and payable by the Bank under this Guarantee. However,
our liability under this Guarantee shall be restricted to an amount not
exceeding Rs. ______________/- (Rupees
____________________________Only).

4. This Guarantee shall be irrevocable and remain in full force for a period of 180
(one hundred and eighty) days from the BID Due Date inclusive of a claim period
of 60 (sixty) days or for such extended period as may be mutually agreed between
the Authority and the Bidder, and agreed to by the Bank, and shall continue to be
enforceable till all amounts under this Guarantee have been paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to decide as
to whether the Bidder is in default of due and faithful fulfilment and compliance
with the terms and conditions contained in the Bidding Documents including,
inter alia, the failure of the Bidder to keep its BID open during the BID validity
period set forth in the said Bidding Documents, and the decision of the Authority
that the Bidder is in default as aforesaid shall be final and binding on us,
notwithstanding any differences between the Authority and the Bidder or any
dispute pending before any Court, Tribunal, Arbitrator or any other Authority.

6. The Guarantee shall not be affected by any change in the constitution or winding
up of the Bidder or the Bank or any absorption, merger or amalgamation of the
Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat
the Bank as the principal debtor. The Authority shall have the fullest liberty
without affecting in any way the liability of the Bank under this Guarantee from
time to time to vary any of the terms and conditions contained in the said Bidding
Documents or to extend time for submission of the BIDs or the BID validity period
or the period for conveying acceptance of Letter of Award by the Bidder or the
period for fulfilment and compliance with all or any of the terms and conditions
contained in the said Bidding Documents by the said Bidder or to postpone for
any time and from time to time any of the powers exercisable by it
against the said Bidder and either to enforce or forbear from enforcing any of
the terms and conditions contained in the said Bidding Documents or the
securities available to the Authority, and the Bank shall not be released from its
liability under these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to the said
Bidder or any other forbearance, act or omission on the part of the Authority or
any indulgence by the Authority to the said Bidder or by any change in the
constitution of the Authority or its absorption, merger or amalgamation with any
other person or any other matter or thing whatsoever which under the law relating
to sureties would but for this provision have the effect of releasing the Bank from
its such liability.

9. We undertake to make the payment on receipt of your notice of claim on us

addressed to [name of Bank along with branch address] and delivered at our
above branch which shall be deemed to have been duly authorised to receive the
said notice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder
before proceeding against the Bank and the guarantee herein contained shall be
enforceable against the Bank, notwithstanding any other security which the
Authority may have obtained from the said Bidder or any other person and which
shall, at the time when proceedings are taken against the Bank here under,
be outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency
except with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge
the obligations contemplated herein, the undersigned is duly authorised and has
full power to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be
restricted to Rs.___________/- (Rupees ____________________ Only) The
Bank shall be liable to pay the said amount or any part thereof only if the
Authority serves a written claim on the Bank in accordance with paragraph 9
hereof, on or before [*** (indicate date falling 180 days after the BID Due Date)].

14. This guarantee shall also be operatable at our……………….. Branch at

Nagpur, from whom, confirmation regarding the issue of this guarantee or
extension / renewal thereof shall be made available on demand. In the
contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make
payment of amounts so demanded under the said invocation.

15. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank
Guarantee to the designated bank of NHAI, details of which is as under:

S. No. Particulars Details

1. Name of Beneficiary National Highways Authority of India
2. Name of Bank Canara Bank
3. Account No. 0265201012218
4. IFSC Code CNRB0000265
5. Branch Gandhinagar, Nagpur, Maharashtra

Signed and delivered by ………………………. Bank

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

(Signature of the Authorised Signatory)

(Official-Seal)

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 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 Strengthening of Service Road from Ch.
11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to
Km. 272.200 (near Paras Phata) on NH-53 in the State of Maharashtra Project
proposed or being developed by the National Highways Authority of India (the
“Authority”) including but not limited to signing and submission of all
applications, BIDs and other documents and writings, participate in Pre-BID
and other conferences and providing information/ responses to the Authority,
representing us in all matters before the Authority, signing and execution of
all contracts including the agreement and undertakings consequent to
acceptance of our BID, and generally dealing with the Authority in all matters
in connection with or relating to or arising out of our BID for the said Project
and/ or upon award thereof to us and/or until the entering into of the EPC
Contract with the Authority.

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

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

HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF
…………. 2…..

For ……………………
(Signature, name, designation and address)
of person authorized by Board Resolution
(in case of Firm/ Company)/ partner in case of

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:………………

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 Apostille
certificate.

APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

DELETED

APPENDIX V

Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)
DELETED

APPENDIX VI

INTEGRITY PACT FORMAT

(To be executed on the plain paper and submitted along with Technical Bid/ Tender
documents for tenders having a value of Rs. 5 crore or more. To be signed by the
bidder and same signatory competent/ authorized to sign the relevant contract on
behalf of the NHAI)
(__________________Division)
Tender No.________________

This integrity Pact is made at . on this_____ day of………...2025.

BETWEEN

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), a statutory body

constituted under the National Highways Authority of India Act, 1988, which has been
entrusted with the responsibility of development, maintenance and management of
National Highways, having its office at Regional Office-Nagpur, "Narang Towers", 1 st
Floor, Opp. to Office of DCP Traffic (Nagpur City) Palm Road, Civil Lines, Nagpur-
440001, Maharashtra, hereinafter referred to as "The Principal", which expression
shall, unless repugnant to the meaning of contract thereof, include its successors and
permitted assigns)

AND

…………………………………………………………. 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 intends to award, under laid down organizational procedure,
contract/s for Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near
Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass stretch) on NH-161
& Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras
Phata) on NH-53 in the State of [Link] 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 for
Contractor(s)/ Concessionaire(s)/ Consultant(s).

And Whereas in order to achieve these goals, the Principal will appoint an
Independent External Monitors (IEMs), who will monitor the tender process and the
execution of the contract for compliance with the Principles mentioned above.

Now, therefore, in consideration of mutual covenants stipulated 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 or immaterial benefit which the person is not legally entitled to.

(b) The principal will, during the Tender process treat all Bidder(s) with
equity and reason. The principal will in particular, before and during the
Tender process, provide to all Bidder(s) the same information and will
not provide to any Bidder(s) confidential/ additional information through
which the Bidder(s) could obtain an advantage in relation to the tender
process or the contract execution.

(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

(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 non-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 principals, if any. Further, details as mentioned in the 'Guidelines on
Indian Agents of Foreign Suppliers' shall be disclosed by the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s). Further, all the payments
made to the Indian Agent / Representative have to be Indian Rupees only.

(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when

presenting his bid, disclose any and all payments he has made, is committed
to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract. He shall also disclose the details
of services agreed upon for such payments.

(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not

instigate third persons to commit offences outlined above or be an accessory
to such offences.

(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring

any outside influence through any Govt. bodies/quarters directly or indirectly
on the bidding process in furtherance of his bid.

(h) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) who have

signed a Integrity pact shall not approach the court while representing the
matter to IEMs and shall wait for their decision in the matter.

(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 Article2, 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 minimum period of 6 months
and maximum period of 2 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
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 87 of 106
National Highways Authority of India Request for Proposal
Principal if the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) can
prove that he has restored/ recouped the damage caused by him and has
installed a suitable corruption prevention system in his organization.

Article-4: Compensation for Damages.

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to
the award according to Article-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.

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 Smt. Gauri Kumar, IAS (Retd.), Sh. Ashish
Bhauguna, IAS (Retd.) and Sh. Animesh Chauhan (Ex-MD & CEO, Oriental
Bank of Commerce) as Independent External Monitor (IEM) 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
Chairman, NHAI.

(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) accepts that

the Monitor has the right to access without restriction to all project
documentation of the Principal including that provided by the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s). The Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) will also grant the Monitor, upon his request
and demonstration of a valid interest, unrestricted and unconditional access to
his project documentation. The same is applicable to Subcontractors.

(4) The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
The Monitor has also signed on ‘Non-disclosure of Confidential Information’
and of ‘Absence of Conflict of Interest’. In case of any conflict of interest
arising at a later date, the IEM shall inform Chairman, NHAI and recuse
himself/ herself from that case.

(5) The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings
could have an impact on the contractual relations between the Principal and
the Bidder/Contractor/ Concessionaire/ Consultant. The parties offer to the
Monitor the option to participate in such meetings.

(6) As soon as the Monitor notices, or believes, to notice any transgression as

given in Article-2, he may request the Management of the Principal to take
corrective action, or to take relevant action. The monitor can in this regard
submit non-binding recommendations. Beyond this, the Monitor has no right to

(7) The Monitor will submit a written report to the Chairman, NHAI within 8 to 10
weeks from the date of reference or intimation to him by the Principal and,
should the occasion arise, submit proposals for correcting problematic
situations.

(8) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion
of an offence under relevant IPC/PC Act or any other Statutory Acts, and the
Chairman, NHAI has not, within the reasonable time taken visible action to
proceed against such offence or reported it to the Chief Vigilance Officer, the
Monitor may also transmit this information directly to the Central Vigilance
Commissioner.

(9) The word 'Monitor' would include both singular and plural.

Article - 9 Pact Duration

This Pact begins when both parties have legally signed it (in case of EPC i.e. for
projects funded by Principal and consultancy services). It expires for the Contractor/
Consultant 12 months after his Defect Liability Period is over or 12 months after his
last payment under the contract whichever is later and for all other unsuccessful
Bidders 6 months after this Contract has been awarded. (In case of BOT Projects) It
expires for the concessionaire 24 months after his concession period is over and for
all other unsuccessful Bidders 6 months after this Contract has been awarded. Any
violation of the same would entail disqualification of the bidder and exclusion from
future dealings.

If any claim is made/ lodged during this 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 Chairman of NHAI.

(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.

(2) Changes and supplements as well as termination notices need to be made in

writing.

(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a

Joint Venture partner, this pact must be signed by all partners or 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) Issue like warranty / Guarantee etc. shall be outside the purview of IEMs.

(6) In the event of any contradiction between the Integrity Pact and its Annexure,
the clause in integrity pact shall prevail.

(7) 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.

(8) 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 Bidder/
Contractor/ Concessionaire/
(Office Seal) Consulting
Place……………
Date………….…

Witness 1:
(Name & Address) ________________
_________
Witness 2:
(Name & Address) ________________
________________
{COUNTERSIGNED and accepted by:
JV Partner}

FORM OF BANK GUARANTEE

[Performance Security/Additional Performance Security]

To
The Chief General Manager (Tech.)/Regional 0Officer
National Highways Authority of India,
Regional Office-Nagpur, "Narang Towers",
1st Floor, Opp. to Office of DCP Traffic (Nagpur City)
Palm Road, Civil Lines, Nagpur-440001, Maharashtra

WHEREAS________________________________________[name and address of

Contractor](hereafter called the “Contractor”) has undertaken, in pursuance of
Letter of Acceptance (LOA) No. _______________Dated_____________ for
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi
Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass stretch) on NH-161 &
Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras
Phata) on NH-53 in the State of Maharashtra.

AND WHEREAS the Contract requires the Contractor to furnish the 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”2).

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
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 92 of 106
National Highways Authority of India Request for Proposal

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

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

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

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

5. The Authority shall have the liberty, without affecting in any manner the
liability of the Bank under this Guarantee, to vary at any time, the terms
and conditions of the Contract or to extend the time or period for the
compliance with, fulfilment 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 fulfilment,
compliance and/or performance of all or any of the obligations of the
Contractor under the Contract.

7. Notwithstanding anything contained hereinbefore, the liability of the

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

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

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

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

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

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.

13. This guarantee shall also be operatable at our……………….. Branch at

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

14. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank
Guarantee to the designated bank of NHAI, details of which is as under:
S. No. Particulars Details
1. Name of Beneficiary National Highways Authority of India
2. Name of Bank Canara Bank
3. Account No. 0265201012218
4. IFSC Code CNRB0000265
5. Branch Gandhinagar, Nagpur, Maharashtra

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)

Appendix-VIII

(See Clauses 3.3.4)

Format of LOA

No.________________________
National Highways Authority of India
(____________ Section)

Regional Office-Nagpur, "Narang Towers", 1st Floor, Opp. to Office of DCP Traffic
(Nagpur City) Palm Road, Civil Lines, Nagpur-440001, Maharashtra

Dated :
To,

{Name of selected Bidder}

Sub.: Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near
Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass stretch) on NH-161
& Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras
Phata) on NH-53 in the State of Maharashtra.-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)

{authorized signatory}

“Accepted by

(Name of the Authorised Person)

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

Appendix-IX
(To be on the letter head of the Bidder)

Certificate regarding Compliance with Restrictions under Rule 144 (xi) of

the General Financial Rules (GFRs)

To
The Chief General Manager (Tech.)/Regional Officer
National Highways Authority of India,
Regional Office-Nagpur, "Narang Towers",
1st Floor, Opp. to Office of DCP Traffic (Nagpur City)
Palm Road, Civil Lines, Nagpur-440001, Maharashtra

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 as defined in Public Procurement Order no.
[Link].6/18/2019- PPD dated 23rd July 2020 and will not sub-contract any work to a
contractor from such countries unless such contractor is registered with the Competent
Authority.

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

Yours faithfully,

Date:
(Signature of the Authorised signatory)
Place:
(Name and designation of the of the Authorised signatory)
Name and seal of Bidder

Notes:
{Where applicable, evidence of valid registration by the Competent Authority shall be
attached}

In case the above certification is found to be false, this would be a ground for immediate
rejection of Bid/termination and further legal action in accordance with law.

APPENDIX – X

Surety Bond for Bid Security

(Refer Clause 2.20)

S.B. No. Dated:

In consideration of you, National Highways Authority of India, having its office at

Regional Office-Nagpur, "Narang Towers", 1st Floor, Opp. to Office of DCP Traffic
(Nagpur City)Palm Road, Civil Lines, Nagpur-440001, Maharashtra, (hereinafter
referred to as the "Authority", which expression shall unless it be repugnant to the
subject or context thereof include its, successors and assigns) having agreed to
receive the Bid of ……………….and having its registered office at
………………………(and acting on behalf of its Consortium) (hereinafter referred to
as the "Bidder" which expression shall unless it be repugnant to the subject or
context thereof include its/their executors, administrators, successors and assigns),
for the “Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near
Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur Bypass stretch) on NH-161
& Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras
Phata) on NH-53 in the State of Maharashtra..” (hereinafter referred to as "the
Project") pursuant to the RFP Document dated ........... issued in respect of the
Project and other related documents including without limitation the draft
concession/contract agreement (hereinafter collectively referred to as "Bidding
Documents"), we (Name of the Surety Insurer) having our registered office
at............... and one of its branches at................. (hereinafter referred to as the
"Surety Insurer "), at the request of the Bidder, do hereby in terms of Clause 1.2.4
read with Clause 2.20 of the RFP Document, irrevocably, unconditionally and
without reservation guarantee the due and faithful fulfilment and compliance of the
terms and conditions of the Bidding Documents (including the RFP Document) by
the said Bidder and unconditionally and irrevocably undertake to pay forthwith to the
Authority an amount of Rs.________/- (Rupees
_________________________________________Only) as our primary obligation
without any demur, reservation, recourse, contest or protest and without reference
to the Bidder, if the Bidder shall fail to fulfil or comply with all or any of the terms and
conditions contained in the said Bidding Documents.

1. Any such written demand made by the Authority stating that the Bidder is in
default of the due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Documents shall be final, conclusive and
binding on the Surety Insurer.

2. We, the Surety Insurer, do hereby unconditionally undertake to pay the amounts
due and payable under this Surety Bond without any demur, reservation,
recourse, contest or protest and without any reference to the Bidder or any other
person and irrespective of whether the claim of the Authority is disputed by the
Bidder or not, merely on the first demand from the Authority stating that the
amount claimed is due to the Authority by reason of failure of the Bidder to fulfil
and comply with the terms and conditions contained in the Bidding Documents
including failure of the said Bidder to keep its Bid open during the Bid validity
period as set forth in the said Bidding Documents for any reason whatsoever. Any
such demand made on the Bank shall be conclusive as regards amount due and
payable by the Surety Insurer under this Surety Bond. However, our liability under
this Surety Bond shall be restricted to an amount not exceeding Rs.
____________/- (Rupees ____________________Only).

3. This Surety Bond shall be irrevocable and remain in full force for a period of 180
(one hundred and eighty) days from the Bid Due Date and a claim period of 60
(sixty) days or for such extended period as may be mutually agreed between the
Authority and the Bidder, and agreed to by the Surety Insurer, and shall continue
to be enforceable till all amounts under this Surety Bond have been paid.

4. We, the Surety Insurer, further agree that the Authority shall be the sole judge to
decide as to whether the Bidder is in default of due and faithful fulfilment and
compliance with the terms and conditions contained in the Bidding Documents
including, Inter alia, the failure of the Bidder to keep its Bid open during the Bid
validity period set forth in the said Bidding Documents, and the decision of the
Authority that the Bidder is in default as aforesaid shall be final and binding on us,
notwithstanding any differences between the Authority and the Bidder or any
dispute pending before any Court, Tribunal, Arbitrator or any other Authority.

5. The Surety Bond shall not be affected by any change in the constitution or winding
up of the Bidder or the Surety Insurer or any absorption, merger or amalgamation
of the Bidder or the Surety Insurer with any other person.

6. In order to give full effect to this Surety Bond, the Authority shall be entitled to
treat the Surety Insurer as the principal debtor. The Authority shall have the fullest
liberty without affecting in any way the liability of the Surety Insurer under this
Surety Bond from time to time to vary any of the terms and conditions contained
in the said Bidding Documents or to extend time for submission of the Bids or the
Bid validity period or the period for conveying acceptance of Letter of Award by
the Bidder or the period for fulfilment and compliance with all or any of the terms
and conditions contained in the said Bidding Documents by the said Bidder or to
postpone for any time and from time to time any of the powers exercisable by it
against the said Bidder and either to enforce or forbear from enforcing any of the
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 101 of 106
National Highways Authority of India Request for Proposal
terms and conditions contained in the said Bidding Documents or the securities
available to the Authority, and the Surety Insurer shall not be released from its
liability under these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to the said
Bidder or any other forbearance, act or omission on the part of the Authority or
any indulgence by the Authority to the said Bidder or by any change in the
constitution of the Authority or its absorption, merger or amalgamation with any
other person or any other matter or thing whatsoever which under the law relating
to sureties would but for this provision have the effect of releasing the Surety
Insurer from its such liability.

7. Any notice by way of request, demand or otherwise hereunder shall be sufficiently

given in writing or made if addressed to the Surety Insurer and sent by courier or
by registered post or by certified e-mail to the Surety Insurer at the address or e-
mail set forth herein.

8. We undertake to make the payment on receipt of your notice of claim on us

addressed to name of Surety Insurer along with branch address and delivered at
our above branch who shall be deemed to have been duly authorised to receive
the said notice of claim.

9. It shall not be necessary for the Authority to proceed against the said Bidder
before proceeding against the Surety Insurer and the Surety Bond herein
contained shall be enforceable against the Surety Insurer, notwithstanding any
other security which the Authority may have obtained from the said Bidder or any
other person and which shall, at the time when proceedings are taken against the
Surety Insurer hereunder, be outstanding or unrealised.

10. We, the Surety Insurer, further undertake not to revoke this Surety Bond during
its currency except with the previous express consent of the Authority in writing.

11. The Surety Insurer declares that it has power to issue this Surety Bond and
discharge the obligations contemplated herein, the undersigned is duly authorised
and has full power to execute this Surety Bond for and on behalf of the Surety
Insurer.

12. For the avoidance of doubt, the Surety Insurer's liability under this Surety Bond
shall be restricted to Rs. _______________/- (Rupees
____________________________________Only) The Surety Insurer shall be
liable to pay the said amount or any part thereof only if the Authority serves a
written claim on the Surety insurer in accordance with paragraph 9 hereof, on or
before [*** (indicate date falling 180 days after the Bid Due Date)].

14. The Insurance Surety Bond shall be verified from the specific portal created for
this purpose.

Signed and Delivered by ………………..Company

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

(Signature of the Authorised Signatory)

(Official Seal)

APPENDIX-XI

(See Clauses 2.21)

FORM OF SURETY BOND

[Performance Security/Additional Performance Security]

To
The Chief General Manager (Tech.)/Regional Officer
National Highways Authority of India
Regional Office-Nagpur,
"Narang Towers", 1st Floor,
Opp. to Office of DCP Traffic (Nagpur City)
Palm Road, Civil Lines, Nagpur-440001, Maharashtra,

WHEREAS___________________________[name and address of Contractor]

(hereafter called the "Contractor") has undertaken, in pursuance of Letter of
Acceptance (LOA) No. __________Dated________for the work of Strengthening of
Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch.
26+430 to Ch. 27+890 (Patur Bypass stretch) on NH-161 & Strengthening the
Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.(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 "Surety Bond amount").

AND WHEREAS we ,………..through our branch at ........ (the "Surety Insurer")

have agreed to furnish this Surety Bond by way of Performance security.

NOW, THEREFORE, the Surety Insurer hereby, unconditionally and irrevocably,

guarantees and affirms as follows:

1. The Surety Insurer herby 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 Surety Bond
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.

3. In order to give effect to this Surety Bond, the Authority shall be entitled to act
as if the Surety Insurer were the principal debtor and any/Change in the
constitution of the Contractor and/or the Surety Insurer, 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 Surety Insurer under this
Surety Bond.

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

5. The Authority shall have the liberty, without affecting in any manner the liability
of the Surety Insurer under this Surety Bond, to vary at any time, the terms
and conditions of the Contract or to extend the time or period for the
compliance with, fulfilment 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 Surety Insurer 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 Surety Insurer from its
liability and obligation under this Surety Bond and the Surety Insurer hereby
waives all of its rights under any such law.
6. This Surety Bond is in addition to and not in substitution of any other Surety
Bond or security now or which may hereafter be held by the Authority in
respect of or relating to the Contract or for the fulfilment, compliance and/or
performance of all or any of the obligations of the Contractor under the
Contract.

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

9. The Surety Insurer undertakes not to revoke this Surety Bond 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 Surety Bond and
the undersigned has full powers to do so on behalf of the Surety Insurer.

10. Any notice by way of request, demand or otherwise hereunder may be sent by
post addressed to the Surety Insurer 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 & the Authority that the envelope was so posted shall be conclusive.

11. This Surety Bond 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 Surety Bond 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………..,2025…………at…………………

SIGNED, SEALED AND DELIVERED

For and on behalf of the bank by:
(Signature)
(Name)
(Designation)
(Code Number)
(Address)

insert date atleast 2(two) years from the date of issuance of this Surety Bond (in accordance with Clause 2.21 of the RFP).
The Contractors can submit the Surety Bond for periods of two years at one time and keep on renewing the same till the DLP
is over if they have problems in getting the Surety Bond in one go for the entire DLP.
____________________________________________________________________________________
Strengthening of Service Road from Ch. 11+400 to Ch. 12+740 (near Kapashi Village) and Ch. 26+430 to Ch. 27+890 (Patur
Bypass stretch) on NH-161 & Strengthening the Service Road from Km. 271.200 to Km. 272.200 (near Paras Phata) on NH-53 in
the State of Maharashtra.
Page 106 of 106

RFP for NH-52 Road Works in Maharashtra
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RFP for Service Road Strengthening in Maharashtra

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RFP for Service Road Strengthening in Maharashtra

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National Highways Authority of India Request for Proposal

NATIONAL HIGHWAYS AUTHORITY OF INDIA

Request for Proposal

20th December, 2025

3 Evaluation of Technical and Opening & Evaluation of

NOTICE INVITING BID

Bid No.: NHAI/RO-NAG/Tender/Monsoon/2025-26/41 Date: 20.12.2025

Road from Ch. 11+400 Cr.

The CGM (Tech.) & Regional Officer-Nagpur

Agreement As defined in Clause 1.1.4

NATIONAL HIGHWAYS AUTHORITY OF INDIA

1.1.6 Data Lake Portal

1.2 Brief description of Bidding Process

GOI has issued guidelines (see Annexure-VII of Appendix-1A of RFP) for

S. No. Particulars Details

(ii) ‘Class - II local Supplier’ means a supplier or service provider, whose

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

1.2 Schedule of Bidding Process

2.1. General terms of Bidding

2.1.2 An International Bidder bidding individually shall ensure that Power of

2.1.9 This RFP is not transferable.

(2) The holding or acquisition of equity control, as above shall include

The Bidder, shall be deemed to be a non-performing party if it attracts any or

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

The Bidder may provide

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

2.2. Eligibility and qualification requirements of Bidder

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

2. In case of a partnership firm, the beneficial owner is the natural person(s)

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

5. In case of a trust, the identification of beneficial owner(s) shall include

(i) An Agent is a person employed to do any act for another, or to

A certificate on the letterhead of the Bidder shall be required to be submitted

"I/We have read the clause regarding restrictions on procurement from a

In respect of RFP, registration should be valid at the time of submission of

2.2.2 Qualification requirements of Bidders:

[Link] BID Capacity

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

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

For this purpose, a project shah be considered to be completed, if

[Link] Financial Capacity:

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

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

(i) Subject to the provisions of Clause 2.2.2 the following categories of

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

(iv) For the purpose of this RFP:

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

(v) Maintenance works are not considered as eligible project for

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

[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:

(ii) For a project to qualify as an Eligible Project under Categories 3 and 4,

(iii) The Bidder shall quote experience in respect of a particular Eligible

[Link] Submission in support of Technical Capacity

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

[Link] Submission in support of financial capacity

(i) The Technical Bid must be accompanied by the Audited Annual

(i) Certificate(s) from its statutory auditors$ or the concerned client(s)

2.4 Cost of Bidding

2.5 Site visit and verification of information

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,

2.6 Verification and Disqualification

2.7 Contents of the RFP

Invitation for BID

IA. Letter comprising the Technical BID including Annexure I to VII

2.8.2 The Authority shall endeavour to respond to the questions raised or

2.9 Amendment of RFP

C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

2.11 Documents comprising Technical and Financial BID

(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-

(f) Bid Security of Rs. 41,55,250/- (Forty-One Lakhs, Fifty-Five

(p) Copy of Registration from the Competent Authority as defined in Public

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

2.11.4 Physical submission of documents mentioned in Clause 2.11.2 in the sealed

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

Rs. ____ Crores x _(Updation Factor as per Appendix) = Rs. _____