REQUEST FOR PROPOSAL

FOR

Widening of NH-366 (Old NH-17A) from Sada Junction (Km

14/90) to Gate No. 1 of MPT (Km16/00)

ON

ENGINEERING, PROCUREMENT &

CONSTRUCTION (EPC) MODE

GOVERNMENT OF GOA,
Chief Engineer (NH), Public Works Department,
Government of Goa

ON BEHALF OF

Ministry of Road Transport & Highways

(MoRT&H)

(Job No. NH-366-GOA-22-23-13)

 TABLE OF CONTENTS

S.
Contents
No.
Notice inviting RFP
Disclaimer
Glossary
1 Introduction
1.1 Background
1.2 Brief description of Bidding Process
1.3 Schedule of Bidding Process
2 Instructions to Bidders
A General
2.1 General terms of Bidding
2.2 Eligibility and qualification requirement of Bidder
2.3 Proprietary Data
2.4 Cost of Bidding
2.5 Site visit and verification of information
2.6 Verification and Disqualification
B Documents
2.7 Contents of the RFP
2.8 Clarifications
2.9 Amendment of RFP

C Preparation and Submission of BIDs

2.10 Format and Signing of BID

2.11 Documents comprising Technical & financial BID
2.12 BID Due Date
2.13 Late BIDs
2.14 Procedure of e-tendering
2.15 Online opening of Bids
2.16 Rejection of BIDs
2.17 Validity of BIDs
2.18 Confidentiality
2.19 Correspondence with the Bidder
D BID Security
2.20 BID Security

3 Evaluation of Technical and Opening & Evaluation of financial Bids

S.
Contents
No.
3.1 Evaluation of Technical BIDs
3.2 Opening and Evaluation of financial Bids
3.3 Selection of Bidder
3.4 Contacts during BID Evaluation
3.5 Correspondence with the Bidder
4 Fraud and Corrupt Practices
5 Pre-BID Conference
6 Miscellaneous

Appendices

IA Letter comprising the Technical BID

IB Letter comprising the Financial BID
II BID Security
III Format for Power of Attorney for signing of BID
IV Format for Power of Attorney for Lead Member of Joint Venture
V Format for Joint Bidding Agreement for Joint Venture
VI Integrity Pact Format
VII Form of Bank Guarantee (For Performance Security)
VIII Format of LOA

Annexure of Appendix 1A

I Details of Bidder
II Technical Capacity of the Bidder
III Financial Capacity of the Bidder
IV Details of Eligible Project
V Statement of legal capacity
VI Information required to Evaluate the Bid capacity
VII Guidelines of the Department of Disinvestment
VIII Details of ongoing Works
 Chief Engineer (NH), Public Works Department, Govt. of Goa on behalf of Ministry of
Road Transport & Highways, Govt. of India.

Notice Inviting Bid

Bid/ Package No. 13/1/2023-24/PWD/WDXIV(NH)/ASW/09 Dated:-05/06/2023

RFP for Widening of NH-366 (Old NH-17A) from Sada Junction (Km 14/90) to Gate No. 1 of
M.P.T. (Km16/00)

The Government of Goa through Works Division XIV (NH), PWD is engaged in the
development of National Highways and as part of this endeavour, it has been decided to undertake
Widening of NH-366 (Old NH-17A) from Sada Junction (Km 14/90) to Gate No. 1 of MPT
(Km16/00)

The Government of Goa, Works Division XIV (NH), PWD represented by its Executive
Engineer on behalf of MoRT&H now invites bids from eligible contractors for the following
project:
Maint
Estimated Comple
NH/SH Name of enanc
State Cost Bid Security tion
No. work e
(Excluding GST) period
period

NH Widening of NH-366 (Old 24

17A NH-17A) from Sada Months
5
Goa (New Junction (Km 14/90) to 13,24,89,771=97 26,49,796/- (includin
years
NH- Gate No. 1 of MPT g
366) monsoon)
(Km16/00)

The complete BID document can be viewed / downloaded from official portal of the CPPP
website https://pwd.goa.gov.in or e-procurement portal http://eprocure.gov.in/eprocure/app
from 05/06/2023 to 20/07/2023. Bidder must submit its Financial bid and Technical Bid at
http://eprocure.gov.in/eprocure/app on or before 20/07/2023 up to 11.00 A.M. Bids received
online shall be opened on 21/07/2023.
Bid through any other mode shall not be entertained. However, Bid Security, document fee,
Power of Attorney and Joint Bidding Agreement etc. shall be submitted physically by the Bidder
on or before 21/07/2023. Accelerated construction practices shall be used by the contractor to
complete the project within stipulated completion period of fifteen months. Please note that the
Works Division XIV (NH), PWD Goa reserves the right to accept or reject all or any of the BIDs
without assigning any reason whatsoever.

Chief Engineer (NH,R&B)

Government of Goa,
Public Works Department, Altinho, Panaji, Goa
e-mail: [email protected] or [email protected]
 DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other form by or
on behalf of the Authority or any of its employees or advisors, is provided to Bidder(s) on the
terms and conditions set out in this RFP and such other terms and conditions subject to which
such information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to
the prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions and
assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder may
require. This RFP may not be appropriate for all persons, and it is not possible for the
Authority, its employees or advisors to consider the investment objectives, financial situation
and particular needs of each party who reads or uses this RFP. The assumptions, assessments,
statements and information contained in the Bidding Documents, especially the Feasibility
Report, may not be complete, accurate, adequate or correct. Each Bidder should, therefore,
conduct its own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments, statements and
information contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Applicant or Bidder under any law, statute, rules
or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP and any assessment, assumption, statement or
information contained therein or deemed to form part of this RFP or arising in any way for
participation in this BID Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements contained
in this RFP. The Authority may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information, assessment or assumptions
contained in this RFP.
The issue of this RFP does not imply that the Authority is bound to select a Bidder or to
appoint the Selected Bidder JV or Contractor, as the case may be, for the Project and the Authority
reserves the right to reject all or any of the Bidders or BIDs without assigning any reason
whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its BID including but not limited to preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations which may be required by the
Authority or any other costs incurred in connection with or relating to its BID. All such costs
and expenses will remain with the Bidder and the Authority shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Bidder in
preparation or submission of the BID, regardless of the conduct or outcome of the Bidding
Process.
 GLOSSARY

Agreement As defined in Clause 1.1.4

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

The words and expressions beginning with capital letters and defined in this document shall,
unless repugnant to the context, have the meaning ascribed thereto herein.
 GOVERNMENT OF GOA,
WORKS DIVISION VII (NH), PWD

SECTION 1

INTRODUCTION
1.1 Background
1.1.1 The Government of Goa, Works Division XIV (NH), PWD represented by Executive Engineer
(the “Authority”) on behalf of MoRT&H is engaged in the development of National Highways and as part
of this endeavour, the Authority has decided to undertake Widening of NH-366 (Old NH-17A) from
Sada Junction (Km.14/90) to Gate No. 1 of MPT (Km16/00) (the “Project”) through an
Engineering, Procurement and Construction (the “EPC”) Contract, and has decided to carry out the
bidding process for selection of a Bidder to whom the Project may be awarded. A brief description of
the project may be seen in the Information Memorandum of the Project at the CPPP website
http://eprocure.gov.in/eprocure/app. Brief particulars of the Project are as follows:

Name of the National Length in Estimated Project No of Years for

Highway Km Cost completion of work
(In Rs. cr.)
(Excluding GST)

NH 17A (New NH-366) 1.10 km 13.25

24 Months Including
Monsoon

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 Widening of NH-366 (Old NH-17A) from Sada Junction (Km 14/90)
to Gate No. 1 of MPT (Km16/00) and maintenance of the Project during the Defect
Liability Period, which shall be 10 years.

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

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

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

1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a single stage two-part system (referred to as the "Bidding
Process") for selection of the Bidder for award of the Project. Under this process, the bid
shall be invited under two parts. Eligibility and qualification of the Bidder will be first
examined based on the details submitted under first part (Technical Bid) with respect to
eligibility and qualifications criteria prescribed in this RFP (the “Bidder”, which expression
shall, unless repugnant to the context, include the members of the Joint Venture). The
 Financial Bid under the second part shall be opened of only those Bidders whose Technical
Bids are responsive to eligibility and qualifications requirements as per this RFP.
[GOI has issued guidelines (see Annexure VII of Appendix-1A of RFP) for qualification of
Bidders seeking to acquire stakes in any public sector enterprise through the process of
disinvestment. These guidelines shall apply mutatis mutandis to this Bidding Process. The
Authority shall be entitled to disqualify any Bidder in accordance with the aforesaid
guidelines at any stage of the Bidding Process. Bidders must satisfy themselves that they are
qualified to bid, and should give an undertaking to this effect in the form at Appendix-IA].

1.2.2 The Bid shall be valid for a period of 120 days from the date specified in Clause 1.3 for
submission of BIDs.

1.2.3 The complete Bidding Documents including the draft Agreement for the Project is enclosed
for the Bidders. The Detailed Project Report prepared by the Consultants of the Authority
(the " Detailed Project Report") is also enclosed. The 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
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 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, Detailed Project Report prepared by the Authority/
consultants of the Authority (the " 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. 26,49,796/- (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. This Guarantee shall be
transmitted through SFMS Gateway to NHAI/MORTH/State PWD/NHIDCL/BROs
Bank. The Bidders shall also submit Demand Draft for Rs. 26,49,796/- issued from
a scheduled Bank in India in favour of Executive Engineer WD-XIV(NH), PWD,
Fatorda, Margao - Goa.

The Bidders shall also submit Rs. 11,800/- [Rs. Eleven Thousand eight hundred Only]
towards the cost of tender [Tender fee Rs. 10,000/- to be submitted through the portal
“bharatkosh.gov.in” (receipt / document of online payment to be submitted online on
eprocure.gov.in and original copy to be submitted with hard copy of bid] + 18% GST
amounting to Rs. 1800/- either through demand draft drawn in favour of Executive
Engineer WD-XIV(NH), PWD, Fatorda, Margao - Goa to be paid and accounted for as
GST by the Executive Engineer WDXIV(NH), PWD, Fatorda Margao - Goa OR to be paid
by the Contractor towards GST against the tender fee, and in which case documentary proof
of the same to be enclosed with hard copy of bid].

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

1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a Bidder
for implementing the Project (the "BID Price"). The total time allowed for completion of
 construction under the Agreement (the “Construction Period”) and the period during
which the Contractor shall be liable for maintenance and rectification of any defect or
deficiency in the Project after completion of the Construction Period (the “Defect Liability
Period”) shall be pre-determined, and are specified in the draft Agreement forming part of
the Bidding Documents.
In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the lowest
BID price.

1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest Bidder
withdraws or is not selected for whatsoever reason except the reason mentioned in Clause
2.1.12 (b) (4) &. Clause 3. 3.1, the 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 Widening
of NH-366 (Old NH-17A) from Sada Junction (Km 14/90) to Gate No. 1 of MPT
(Km16/00).

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 submit ted the aforesaid certification the bidder will be treated as 'Non-
Local Supplier' In the above pretext, the Class - I Local Supplier, Class - II
Local Supplier and the Non- Local Supplier are defined as under:

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

(ii) 'Class - 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 - I.I 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 t he
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 .

1.3 Schedule of Bidding Process

The Authority shall endeavor to adhere to the following schedule:
Sl.
Event Description Date
No.
1 Invitation of RFP (NIT) 05/06/2023
2 Last date for receiving queries 30/06/2023 up to 15.00 Hrs
30/06/2023 at 16:00 Hrs in the Office of the
3 Pre-BID meeting at venue 2.11.4 (i)
Chief Engineer NH(R&B),Altinho Panaji Goa
4 Authority response to queries latest by 05/07/2023
5 Last date of Request for BID Document 20/07/2023 up to 11.00 Hrs
6 BID Due Date 20/07/2023 up to 11.00 Hrs
Physical Submission of Bid
7 21/07/2023 up to 11.00 Hrs
Security/POA etc
Opening of Technical BIDs at venue
8 21/07/2023 after 11:30 Hrs
2.11.4 (i)
9 Declaration of eligible / qualified Bidders Will be declared later
10 Opening of Financial BID Will be declared later

11 Letter of Acceptance (LOA) Will be declared later

12 Return of signed duplicate copy of LOA Will be declared later

13 Validity of BID 120 days from BID Due Date
Within 30 days of receipt of LOA. (The bidder
has the option to provide 50% of PS and APS,
Submission of Performance Security (PS)
if any within 30 days of receipt of LOA and
14 and Additional Performance Security
the remaining PS and APS, if any to be
(APS), if any
provided within 30 days of signing of
agreement).
Within 10 days from the receipt of 50% of
15 Signing of Agreement Performance Security and 50% of Additional
Performance Security, if any.
 SECTION-2
INSTRUCTIONS TO BIDDERS

A. GENERAL
2.1. General terms of Bidding

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

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

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

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

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

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

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

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

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

2.1.9 This RFP is not transferable.

2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of Bidding
Documents and also fulfilling the criterion as mentioned in clause 2.2.
 2.1.11 In case the Bidder is a Joint Venture, it shall comply with the following additional
requirements:

(a) Number of members in a Joint Venture shall not exceed 3 (Three);

(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;

(c) Members of the Joint Venture shall nominate one member as the lead member
(the “Lead Member”). Lead Member shall met at least 60% requirement of
Bid Capacity, Technical and Financial Capacity, required as per Clause 2.2.2.1,
2.2.2.2(i) & 2.2.2.3. The nomination(s) shall be supported by a Power of
Attorney, as per the format at Appendix-III, signed by all the other Members of
the Joint Venture. Other Member(s) shall meet at least 20% requirement of Bid
Capacity, Technical and Financial Capacity required as per Clause 2.2.2.1,
2.2.2.2(i) & 2.2.2.3 and the JV as a whole shall cumulatively/collectively fulfil
the 100% requirement;

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

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

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

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

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

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

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

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

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

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

(3) The Bidder shall promptly inform the authority of any change in the
shareholding, as above, and failure to do so shall render the Bidder liable for
disqualification from the Bidding process.

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

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

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

(i) Fails to complete or has missed more than two milestones in already awarded
two or more projects, even after lapse of 6 months from the scheduled
completion date, unless Extension of Time has been allowed on the
recommendations of the Independent Engineer due to Authority's default;
 (ii) Fails to complete a project, as per revised schedule, for which One Time Fund
Infusion (OTFI) has been sanctioned by the Authority;
(iii) Physical progress on any project is not commensurate with the funds released
(equity+debt+grant) from the escrow account and such variation is more than
25% in last one year as observed by the Independent Engineer in one or more
projects;

(iv) Punch List Items in respect of any project are pending due to Bidder's default
in two or more Projects even after lapse of the prescribed time for completion
of such items;
(v) Fails to fulfil its obligations to maintain a highway in a satisfactory condition
inspite of two rectification notices issued in this behalf;
(vi) Fails to attend to Non Conformity Reports (NCRs) issued by the Independent/
Authority’s Engineer on the designs/ works constructed by the Bidder
pending for more than one year in two or more projects.
(vii) Fails to make premium payments excluding the current instalment in one or
more projects.
(viii) Damages/ Penalties recommended by the Independent/ Authority’s Engineer
on the Bidder during O&M period and the remedial works are not taken up in
two or more projects.
(ix) Fails to achieve financial closure in two or more projects within the given or
extended period (which shall not be more than six months in any case).
(x) Fails to submit the Performance Security within the permissible period in
more than one project(s).
(xi) Rated as an unsatisfactory performing entity/ non-performing entity by an
independent third party agency and so notified on the website of the Authority.

(xii) Has Failed to perform for the works of Expressways, National Highways, ISC
& EI works in the last 2(two) years, as evidenced by imposition of a penalty
by an arbitral or judicial authority or a judicial pronouncement or arbitral
award against the Bidder, including individual or any of its Joint Venture
Member, as the case may be.
(xiii) Has been expelled or the contract terminated by the Government of Goa or its
implementing agencies for breach by such Bidder, including individual or any of
its Joint Venture Member; Provided that any such decision of expulsion or
termination of contract leading to debarring of the Bidder from further
participation in bids for the prescribed period should have been ordered after
affording an opportunity of hearing to such party.

The Bidder, including individual or each member of Joint Venture, shall give the list of the
projects of Expressways, National Highways, ISC and EI works of Government of Goa or its
implementing agencies (Works Division XIV (NH), PWD) and the status of above issues in
each project as on the bid submission date and undertake that they do not attract any of the
above categories (Ref. Sr. No.6, Annex-I of Appendix – IA).

The Bidder including individual or any of its Joint Venture Member may provide
(i) details of all their on-going projects along with updated stage of litigation, if so, against
the Authority / Governments;
(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/ another Government agency, 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 all owing 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 Indi a for all
items related to Ministry of Road Transport & Highways, except for the list of items
published by the Ministry of Road Transport& Highways p emitting their participation.

2.2. Eligibility and qualification requirements of Bidder

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

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

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

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

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

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

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

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

(d) For determining the eligibility of Bidder from a country which shares a land
border with India the following shall apply:
(i) Any Bidder from a country which shares a land border with India will be
eligible to bid, only if the Bidder is registered with the Competent Authority,
specified in Annexure- 1 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 (o r other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A Consortium or joint venture where any member of the consortium or
joint venture falls under any of the above.
 (iii) Beneficial owner for the purpose of (ii) above means:
1. In case of a company or Limited Liability Partnership, the beneficial
owner is the natural person(s), who, whether acting alone or together·, or
through one or more judicial person, has a controlling ownership interest or
who exercises control through other means.

Explanation:
a) "Controlling ownership interest" means ownership of or entitlement to
more than twenty-five per cent of shares or capital or profit s of the
company.
b) " Control" shall include the right to appoint majority of the directors or
to control the management or policy decisions including by virtue of their
shareholding or management rights or shareholding agreements or
voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through one or one or more
juridical person: has ownership of entitlement to more than fifteen percent of
capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the
beneficial owner is the natural person(s), who, whether acting alone or
together, or through one or more juridical person, has ownership of or
entitlement to more than fifteen percent of the property or capital or
profits of such association or body of individual;
4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the
position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries with
fifteen percent or more interest in the trust and any other natural person
exercising ultimate effective control over the trust through a chain of
control or ownership.
(iv). An Agent is a person employed to do any act for another, or to represent
another in dealings with third person.

(v) The Selected Bidder shall not be allowed to sub-contract works to any contractor
from a country which shares a land border with India unless such contractor
is registered with the Competent Authority. The definition of
"contractor from a country which shares a land border with India" shall be as in
Clause 2.2.1(d) (ii ) above.
Certificate regarding Compliance:
A certificate on the letter head of the Bidder shall be required to be submitted
by the bidders certifying t he following:
"I have read the clause regarding restrictions on procurement from a bidder of
a country which shares a land border with India and on sub-contracting to
contractors from such countries; I certify that this bidder is not from a country or,
if from such a country, has been registered with the Competent Authority as
defined in Public Procurement Order no. F.no.6/ 18/ 2019- PPD dated
23rd July 2020. I hereby certify that this bidder fulfils all requirements in this
regard and is eligible to be considered."
It may be noted that in case the above certification is found to be false, this
would be a ground for immediate rejection of Bid/ termination and further
legal act ion in accordance with law.
Validity of Registration:
In respect of RFP, registration should be valid at the time of submission of bids
and at the time of acceptance of bids. If the Bidder was validly registered at
the time of acceptance, registration shall not be a relevant consideration
during contract execution.
2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

Bidders who inter alia 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) i.e. Bid Price/Est, Cost Put to tender excl. GST. The available BID
capacity will be calculated as per following, based on information mentioned at
Annexure-VI of Appendix-IA:

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

N= Number of years (2 years) prescribed for completion of work for which Bid is
invited.

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

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

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

C = The amount of bonus received, if any, in EPC Projects during the last 5
years (updated to the price level of the year indicated in table at Note-3
below).
Note:
1. The Statement showing the value of all existing commitments, works for
which the contractor has emerged as the winner of the bid as given by bidder and
ongoing works as well 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 factor 1.00 1.05 1.10 1.15 1.20

4. . The Bid capacity status of the bidder to be updated as on the day before opening the
financial bids.
2.2.2.2

Technical Capacity

(i) For demonstrating technical capacity and experience (the “Technical

Capacity”), the Bidder shall, over the past 5 (five) financial years preceding the
Bid Due Date, have received payments for construction of Eligible Project(s),
or has undertaken construction works by itself in a PPP project, such that the
sum total thereof, as further adjusted in accordance with clause 2.2.2.5 (i) &
(ii), is more than Rs 9.94 crore (Rupees Nine Crores and Ninety Four lakhs
Only) (the “Threshold Technical Capacity”).
1. 5)five years in case of normal highway projects and 10(Ten) years in
case of stand along specialized projects (Major
Bridge/ROB/Flyover/Tunnel)
2. This amount should be as follows:
(A) For normal highway projects

Sl.No. Estimated Project Cost (EPC) of Threshold

the Project being invited Technical
Capacity
1 Estimated Project Cost<=100 0.75 time of EPC
Crore
2 Estimated Project Cost> 100 Crore 1.0 time of EPC
& <=500 Crore
3 Estimated Project Cost> 500 Crore 1.0 time of EPC

(B) For Stand-alone specialized projects (Major Bridges / ROB /

Flyover / Tunnel)

Sl.No. Estimated Project Cost (EPC) of Threshold

the Project being invited Technical
Capacity
1 Estimated Project Cost< 100 Crore 0.75 time of EPC
2 Estimated Project Cost> 100 Crore 1.0 time of EPC
3 Estimated Project Cost> 500 Crore 1.0 time of EPC
& <=1000 Crore
4 Estimated Project Cost> 1000 1.0 time of the
Crore estimate project
cost or Rs.1000
Crore, whichever is
less.
5 Estimated project Cost> 1000 1.0 time of the
Crore of stand-alone specialize estimate project
projects. cost or Rs. 1000
Crore, whichever is
less.
(ii) For normal Highway projects (including Major Bridges / ROB/ Flyovers
/ Tunnels):

Provided that at least one similar work of 20% of Estimated Project Cost
Rs. 2.65 crore (Rupees Two Crores and Sixty-Five Lakhs Only) shall have
been completed from the Eligible Projects in Category 1 and/or Category 3
specified in Clause 2.2.2.5. For this purpose, a project shall be considered to
be completed, if more than 90% of the value of work has been completed and
such completed value of work is equal to or more than 20% of the estimated
project cost. Eligible projects shall include following:

(a) Widening / reconstruction / up-gradation works on NH / SH /

Expressway or on any category of road taken up under CRF, ISC/
El, SARDP, LWE.
(b) Widening/ re-construction/up-gradation works on MDRs with loan
assistance from multilateral agencies or on BOT basis.
(c) Widening/ reconstruction / up-gradation work of roads in
Municipal corporation limits, construction of Bypasses.
(d) Construction of stand- alone bridges, ROBs, tunnels.
(e) Construction/reconstruction of linear projects like airport runways,
railways (construction/re-construction of railway tracks, yards for
keeping containers etc.) metro rail and ports (including
construction/re-construction of jetties).

If any Major Bridge/ROB/Flyover/Tunnel is (are) part of the project, then the

Bidder shall necessarily demonstrate additional experience in construction of
Major Bridge/ROBs/Flyovers/Tunnel in the last 10 (Ten) financial years
preceding the Bid Due Date i.e. shall have completed at least one similar
Major Bridge/ROB/Flyover of following sizes :-
(a) In case, longest span of Bridge/ROB/flyover is less than or equal to 60m,
no additional qualification is required.
(b) When longest span is more than 60m : 50% of the longest or 100 m,
whichever is less, of the structure proposed in this project.
(c) Incase Tunnel is a part of project having length less than or equal to 200 m,
then no additional qualification is required.
(d) When length of tunnel more than 200 m : 50% of the cross sectional area
of proposed tunnel or two lane highway tunnel cross-sectional area,
whichever is less and 20% length of the tunnel to be constructed in this
project or 2 km, whichever is less. For the purpose of this requirement,
tunnel may have single/twin tubes for roads/railways/metro
rail/irrigation/hydroelectricity projects etc.

(iii) For Stand-alone specialized projects:

(a) Major Bridges/ROB/Flyovers projects:

(a1) In case the cost of specialized project is less than or equal to
Rs. 1,000 Cr: The Bidder shall have completed at least one similar Major
Bridge/ROB/Flyover project in the last 10 (Ten) financial years preceding the
Bid Due Date, having span equal to or greater than 50% of the longest span or
100mtr, whichever is less of the structure proposed in this project and also the
cost of such similar project shall be at least 20% of the Estimated Project
Cost. For this purpose, a project shall be considered to be completed, if more
 than 90% of the value of work has been completed and such completed value
of work is equal to or more than 20% of the Estimated Project Cost.
(a2) In case the cost of specialized project is more than Rs. 1,000 Cr: The
Bidder shall have completed at least one similar Major Bridge/ ROB/ Flyover
project in the last 10 (Ten) financial years preceding the Bid Due Date,
having span equal to or greater than 50% of the longest span of the structure
proposed in this project or 100m, whichever is less, and also the cost of such
similar project shall be at least 20% of the Estimated Project Cost or Rs.
1000Cr. whichever is less. For this purpose, a project shall be considered to
be completed, if more than 90% of the value of work has been completed and
such completed value of work is equal to or more than 20% of the Estimated
Project Cost or Rs. 1000 Cr., whichever is less.
(b) Tunnel project: The Bidder shall have completed at least one tunnel
project in the last 10 (Ten) financial years preceding the Bid Due Date,
consisting of single or twin tubes (including tunnel(s) for
roads/Railway/Metro rail/irrigation/hydro-electric projects etc.) having at
least 50% of the cross-sectional area of the tunnel to be constructed or cross
sectional area of 2 lane highway tunnel, whichever is less, and 20% length
of the tunnel to be constructed in this project or 2 km, whichever is less and
the cost of such project shall be at least 20% of the Estimated Project Cost
or Rs. 1000 Cr., whichever is less. For this purpose, a project shall be
considered to be completed, if more than 90% of the value of work has been
completed and such completed value of work is equal to or more than 20%
of the Estimated Project Cost or Rs. 1000 Cr., whichever is less.

(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

2.2.2.3 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of
Rs. 0.67 crore (Rupees Sixty-Seven Lakhs Only) 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. 1.99
crore (Rupees One Crore and Ninety Nine Lakhs Only) 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

2.2.2.4 In case of a Joint Venture:

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

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

2.2.2.5 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 2.2.2.6 (i) &
(ii) (the "Eligible Projects"). In case the Bidder has experience across different
categories, the experience for each category would be computed as per weight of
following factors to arrive at its aggregated Eligible Experience:

Category Project / Construction experience on Eligible Projects Factors

1 Project in highways sector that qualify under Clause 2.2.2.6 (i) 1
2 Project in core sector that qualify under Clause 2.2.2.6 (i) 0.75
Construction in highways sector that qualify under Clause
3 1
2.2.2.6 (ii)
4 Construction in core sector that qualify under Clause 2.2.2.6 (ii) 0.75
(ii) The Technical capacity in respect of an Eligible Project situated in a
developed country which is a member of OECD shall be further multiplied by
a factor of 0.5 (zero point five) and the product thereof shall be the
Experience Score for such Eligible Project.

(iii) For the purpose of this RFP:

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

bridges, tunnels, runways, railways (construction/re-construction of
railway tracks, yards for keeping containers etc.) metro rail and ports
(including construction/re-construction cost of Jetties, any other linear
infrastructure including bridges etc.); and
(b) core sector would be deemed to include civil construction cost of power
sector, commercial setups (SEZs etc.), airports, industrial parks/ estates,
logistic parks, pipelines, irrigation, water supply, sewerage irrigation,
water supply, stadium, hospitals, hotel, smart city, warehouses/Silos, oil
and gas and real estate development. 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.

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

of Joint Venture, the project cost should be restricted to the share of the
applicant in the joint venture for determining eligibility as per provision under
clause 2.2.2.2 (ii). In case Statutory Auditor certifies that, the work of other
member(s) is also executed by the applicant, then the total share executed by
 applicant can be considered for determining eligibility as per provision under
clause 2.2.2.2.

(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/hospitals, etc, or not specified, shall not be
considered. However, such maintenance works shall be considered as eligible
projects in case of Maintenance works to be taken up on EPC mode.

(vi) The works such as Improvement in Riding Quality work (IRQP/IRQ), shall be
considered for Technical Capacity [2.2.2.2 (i)] but not for similar completed
works [2.2.2.2 (ii) and 2.2.2.2.(iii)]. However, such work shall be considered
for similar completed works to be taken up on EPC mode.

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

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

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

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO,
BOOT or other similar basis for providing its output or services to a
public sector entity or for providing non-discriminatory access to users in
pursuance of its charter, concession or contract, as the case may be. For
the avoidance of doubt, a project which constitutes a natural monopoly
such as an airport or port should normally be included in this category
even if it is not based on a long-term agreement with a public entity;
(b) the entity claiming experience should have held, in the company owning
the Eligible Project, a minimum of 26% (twenty-six per cent) equity
during the entire year for which Eligible Experience is being claimed;
(c) the capital cost of the project should be more than 5% of the amount
specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five) financial
years preceding the Bid Due Date, have itself undertaken the construction
of the project for an amount equal to at least one half of the Project Cost
of eligible projects, excluding any part of the project for which any
contractor, sub-contractor or other agent was appointed for the purposes
of construction.
 (ii) For a project to qualify as an Eligible Project under Categories 3 and 4, the
Bidder should have received payments from its client(s) for construction
works executed, fully or partially, or work executed and certified by the
Engineer-in-charge/Independent Engineer/Authority’s Engineer during the 5
(five) financial years immediately preceding the Bid Due Date, and only the
amounts (gross) actually received/ work executed, during such 5 (five)
financial years shall qualify for purposes of computing the Experience Score.
However, receipts of or work executed amount less than Rs. 0.67 crore
(Rupees Sixty-Seven Lakhs Only) shall not be reckoned as receipts for
Eligible Projects. For the avoidance of doubt, construction works shall not
include supply of goods or equipment except when such goods or equipment
form part of a turn-key construction contract / EPC contract for the project.
Further, the cost of land and also cost towards pre-construction activities (like
shifting of utilities etc.) shall not be included hereunder.

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

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

2.2.2.7 Submission in support of Technical Capacity

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

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

(iii) The Bidder should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at Annex -IV
of Appendix-IA.

2.2.2.8 Submission in support of Financial capacity

(i) The Technical Bid must be accompanied by the Audited Annual Reports of the
Bidder (of each Member in case of a Joint Venture) for the last 5 (five) financial
years, preceding the year in which the bid is submitted.
(ii) In case the annual accounts for the latest financial year are not audited and
therefore the Bidder cannot make it available, the Bidder shall give an undertaking
to this effect and the statutory auditor shall certify the same. In such a case, the
Bidder shall provide the Audited Annual Reports for 5 (five) years preceding the
year for which the Audited Annual Report is not being provided.
(iii) The Bidder must establish the minimum Net Worth specified in Clause 2.2.2.3,
and provide details as per format at Annex-III of Appendix-IA.

2.2.2.9 The Bidder shall enclose with its Technical Bid, to be submitted as per the format
at Appendix-IA, complete with its Annexes, the following:
 (i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by
itself, during the past 5 years, in respect of the Eligible Projects. In case a
particular job/ contract has been jointly executed by the Bidder (as part of a
Joint Venture), it should further support its claim for the payments received or
construction carried out by itself in PPP Projects as applicable the share in work
done for that particular job/ contract by producing a certificate from its statutory
auditor or the client; and

(ii) Certificate(s) from its statutory auditors specifying the net worth of the Bidder,
as at the close of the preceding financial year, and also specifying that the
methodology adopted for calculating such net worth conforms to the provisions
of this Clause 2.2.2.9 (ii). For the purposes of this RFP, net worth (the “Net
Worth”) shall mean the aggregate value of the paid-up share capital and all
reserves created out of the profits and securities premium account, after
deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet,
but does not include reserves created out of revaluation of assets, write-back of
depreciation and amalgamation.

2.2.2.10 Deleted.

2.3 Proprietary data

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

2.4 Cost of Bidding

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

2.5 Site visit and verification of information

2.5.1 Bidders are encouraged to submit their respective BIDs after visiting the Project site
and ascertaining for themselves the site conditions, traffic, location, surroundings,
climate, availability of power, water & other utilities for construction, access to site,
handling and storage of materials, weather data, applicable laws and regulations, and
any other matter considered relevant by them. Bidders are advised to visit the site and
familiarize 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;
$
In case duly certified audited annual financial statements containing explicitly the requisite details are provided,
a separate certification by statutory auditors would not be necessary in respect of Clause 2.2.2.9 (i). In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Applicant may provide the certificates required under this RFP.
 (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;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and in terms hereof.

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

2.6 Verification and Disqualification

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

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

(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the BID.
Such misrepresentation/ improper response shall lead to the disqualification of the Bidder.
If the Bidder is a Joint Venture, then the entire Joint Venture and each Member of the Joint
Venture may be disqualified/ rejected. If such disqualification/rejection occurs after the
BIDs have been opened and the lowest Bidder gets disqualified / rejected, then the
Authority reserves the right to annul the Bidding Process and invites fresh BIDs.

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

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

Appendices
IA. Letter comprising the Technical BID including Annexure I to VIIIB.
IB. Letter comprising the Financial BID
II. Bank Guarantee for BID Security
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA

Part –II
Agreement Document with schedules

Part – III
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 e-Tendering Portal
(http://eprocure.gov.in/eprocure/app).

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

C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

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

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

2.11 Documents comprising Technical and Financial BID

2.11.1 The Bidder shall first upload all the project details, net worth details, turnover details, bridge and tunnel
details and all other details required in this RFP for technical qualification. The Bidder shall 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 http://eprocure.gov.in/eprocure/app by
submitting the documents mentioned below along with the supporting documents which shall comprise
of the Technical BID on the CPPP 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;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the format at
Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at Appendix-V;
(e) Deleted;
(f) BID Security of Rs. 26,49,796/- in the form of Bank Guarantee in the format at
Appendix-II from a Scheduled Bank (to be submitted physically as well);
(g) Copy of Online receipt towards payment of cost of Bid document of Rs.10, 000/- (Rupees Ten
Thousand Only) + 18% GST;
(h) Deleted;
(i) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent amendments if any,
 issued by MoRT&H (Appendix-VI) regarding Integrity Pact (IP) and the Integrity Pact (IP)
duly signed by Authorised signatory shall be submitted by the Bidder with the RFP Bid & shall
be part of the Contract Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-(b) above that they
agree and abide by the Bid documents uploaded by MoRT&H/NHAI and amendments
uploaded, if any; and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing project works (Ref Clause 10.3
(iv) of Document for EPC Agreement).
(l) copy of Memorandum and Articles of Association, if the Bidder is a body corporate, and if a
partnership then a copy of its partnership deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of each member (in case of
Joint Venture) for preceding 5 years.

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 Account ant (in respect of
Suppliers other than Companies) giving the percentage of Local Content upon
Construction of the Project
Financial Bid
(n) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online through e-
procurement portal on or before 11:00 hrs IST on 20/07/2023.
2.11.2 The Bidder shall submit the following documents physically at the time of LOA:

(a) Original Power of Attorney for signing the BID as per format at Appendix-III;
(b) if applicable, Original Power of Attorney for Lead Member of Joint Venture as per the format at
Appendix-IV;
(c) if applicable, Original Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
d) BID Security of Rs. 26,49,796/- in the form of Original Bank Guarantee in the format at
Appendix-II from a Scheduled Bank;
(e) Copy of online receipt towards payment of cost of Bid document of Rs. 10,000/- (Rupees Ten
Thousand Only) + 18% GST;
(f) Deleted;
(g) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent amendments if any issued
by MoRT&H (Appendix-VI) regarding Integrity Pact (IP) and the Integrity Pact (IP)duly signed
by Authorised signatory shall be
submitted by the Bidder with the RFP Bid & shall be part of the Contract Agreement; and
(h) An undertaking from the person having PoA referred to in Sub. Clause-(a) above that they agree
and abide by the Bid documents uploaded by MoRT&H/NHAI and amendments uploaded, if any

2.11.3 Deleted.
2.11.4 The venue for Pre-BID meeting and online opening of Technical BIDs shall be at the following
address.
 ATTN. OF: Mr. Allan J. G. Pereira
DESIGNATION: CHIEF ENGINEER,
ADDRESS: NH, R&B, PWD, Altinho, Panaji, Goa.
PHONE NO.: ______________________
FAX NO.: **
E-MAIL ADDRESS: [email protected]
2.11.5 Deleted.
2.11.6 BIDs submitted by fax, telex, telegram or e-mail shall not be entertained and shall be summarily
rejected.
2.11.7 The EPC Contractor shall within 30 days of appointed date mobilise on site the following -
(i) Batch mix plant
(ii) Hot-mix paver finisher with electronic sensor
In case of failure to mobilise the above equipment at site within 30 days from date of LoA, the
Agreement shall be terminated after a notice period of 10 days in this regard, and the
performance security shall be forfeited.
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 CPPP website http://eprocure.gov.in/eprocure/app on or before 11:00
hrs IST on, 20/07/2023. Documents listed at clause 2.11.2 of the RFP shall be submitted online on
or before 11:00 hrs IST on 20/07/2023.
2.13 Late BIDs

E-procurement portal CPPP website http://eprocure.gov.in/eprocure/app shall not allow submission of

any Bid after the prescribed date and time at clause 2.12. Physical receipt of documents listed at clause
2.11.2 of the RFP after the prescribed date and time at clause 2.12 shall not be considered and the bid
shall be summarily rejected.

2.14 Procedure for e-tendering

2.14.1 Accessing/ Purchasing of BID documents

2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate (DSC) (in the name
of Authorized Signatory / Firm or Organisation / Owner of the Firm or Organisation) from any of the
licensed Certifying Agency (Bidders can see the list of licensed CAs from the link www.cca.gov.in)
to participate in e-tendering of MoRT&H/ NHAI/NHIDCL/BRO/State Pwd.

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

2.14.1.2 To participate in the bidding, it is mandatory for the Bidders to get registered their firm / Joint
Venture with e-procurement portal http://eprocure.gov.in/eprocure/app to have user ID & password
which has to be obtained free of cost. Following may kindly be noted:
(a) Registration with e-procurement portal should be valid at least up to the date of submission
of BID.
(b) BIDs can be submitted only during the validity of registration.
 It is also mandatory for the Bidders to get their firms registered with e-tendering portal. The
Bidders shall update their project and other details on the portal on a regular basis and apply to the
tenders via the portal.
2.14.1.3 If the firm / Joint Venture is already registered with e-tendering service provider, and validity of
registration is not expired, then the firm / Joint Venture is not required a fresh registration.

2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder from e-procurement portal
https://pwd.goa.gov.in or http://eprocure.gov.in/eprocure/app from 05/06/2023 to 20/07/2023 (upto
11:00 Hrs. IST).

2.14.1.5 Deleted

2.14.2 Preparation & Submission of BIDs:

2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on the screen. The detailed
guidelines for e-procurement is also available on e-procurement portal.
2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in different files (in PDF or
RAR format such that file size is not more than 30 MB) and uploaded during the on-line
submission of BID.
2.14.2.3 Bid must be submitted online only through e-procurement portal
http://eprocure.gov.in/eprocure/app using the digital signature of authorised representative of
the Bidder on or before 20/07/2023 (upto 11:00 hours IST).
2.14.3 Modifications/ Substitution/ withdrawal of BIDs
2.14.3.1 The Bidder may modify, substitute or withdraw its e- BID after submission prior to the BID Due
Date. No BID can be modified, substituted or withdrawn by the Bidder on or after the BID Due
Date & Time.
2.14.3.2 For modification of e-BID, Bidder has to detach its old BID from e-procurement portal and upload /
resubmit digitally signed modified BID. For withdrawal of BID, Bidder has to click on withdrawal
icon at e-procurement portal and can withdraw its e-BID. Before withdrawal of a BID, it may
specifically be noted that after withdrawal of a BID for any reason, Bidder cannot re-submit e-BID
again.

2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The Ministry/ NHAI/NHIDCL/PWD shall on-line open Technical BIDs on 21/07/2023 after 11:30
hours IST, in the presence of the authorized representatives of the Bidders, who choose to attend.
Technical BID of only those Bidders shall be online opened whose documents listed at clause 2.11.2 of
the RFP have been received online. The MoRT&H/NHAI/NHIDCL/PWD will subsequently examine
and evaluate the BIDs in accordance with the provisions of Section 3 of RFP.

2.16 Rejection of BIDs

2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves the 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.

D. BID SECURITY

2.20 BID Security

The Bidder shall furnish as part of its BID, a BID Security referred to in Clause 1.2.4
herein above in the form of a bank guarantee issued by 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 120 (one hundred
twenty) days from the BID Due Date, inclusive of a claim period of 60 (sixty) days,
and may be extended as may be mutually agreed between the Authority and the
Bidder from time to time. This Bank Guarantee shall be transmitted through SFMS
Gateway to [Ministry/NHAI/NHIDCL/State PWD/BRO]’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 Bank Guarantee shall be uploaded on e-procurement portal while
applying to the tender.

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

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.

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.

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 byAuthority -
(i) to sign and return the duplicate copy of LOA;
(ii) to furnish the Performance Security /Additional
Performance Security(if any) as per Clause 2.21; or
(iii) to sign the Agreement;

2.21 Performance Security

2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall
furnish to the Authority an irrevocable and unconditional guarantee from a Bank in
the form set forth in Appendix-VII (the “Performance Security”) for an amount equal
to 3% (Three percent) of its Bid Price.
(i) If the Bid Price offered by the Selected Bidder is lower than 10% but upto 20% of
the estimated Project Cost, then the Additional Performance Security shall be
calculated @20% of the difference in the (i) Estimated Project Cost (as
mentioned in RFP)-10% of the Estimated Project Cost and (ii) the Bid Price
offered by the selected Bidder.
 (ii) If the Bid Price offered by the Selected Bidder is lower than 20% of the
Estimated Project Cost, then the Additional Performance Security shall be
calculated @ 30% of the difference in the (i) Estimated Project Cost (as
mentioned in RFP)-10% of the Estimated Project Cost and (ii) the Bid Price
offered by the Selected Bidder.

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

Performance Security.
2.21.2 The Performance Security shall be valid until 60(sixty) days after the Defects
Liability Period.
2.21.3 The Selected Bidder has the option to provide 50% of the Performance Security and
50% of the Additional Performance Security, if any, within 30 (thirty) days of
receipt of Letter of Acceptance, in any case before signing of the Contract
Agreement and the remaining Performance Security and Additional Performance
Security, if any, shall be submitted within 30 days of signing of the agreement.
2.21.4 In the event the Selected Bidder fails to provide the remaining Performance Security
and Additional Performance Security, if any, as prescribed herein, it may seek
extension of time for a further period upto 60 days by paying the Damages upfront
along with the request letter seeking the extension. The Damages shall be the sum
calculated at the rate of 0.01% (zero point zero one per cent) of the Bid Price offered
by the Selected Bidder for each day until the Performance Security and Additional
Performance Security, if any, is provided in full as prescribed herein. The damages at
full rate as given above shall be applicable even if a part of the Performance Security
and the Additional Performance Security is provided.

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

2.22 The agreement will be executed within 10 days of receipt of 50% Performance Security
and 50% of Additional Performance Security, if any, as per sub-clause 2.21 above.
 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 physically & online after 11:30 hours IST
on 21/07/2023, at the place specified in Clause 2.11.4 (i); and in the presence of the
Bidders who choose to attend. Technical BID of only those Bidders shall be online
opened whose documents listed at clause 2.11.2 of the RFP have been received
physically 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

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

(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI(Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically on CPPP as mentioned;
(c) Technical Bid is accompanied by the Bid Security as specified in Clause 1.2.4 and
2.20;
(d) The Power of Attorney is uploaded on e-procurement portal as specified in
Clauses 2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of Joint
Venture and the Joint Bidding Agreement as specified in Clause 2.1.6, if so
required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Copy of online receipt towards payment of cost of Bid document of Rs 10,000/-
(Rupees Ten Thousand Only) + 18% GST.
3.1.6.2 The Authority reserves the right to reject any Technical BID which is non-responsive
and no request for alteration, modification, substitution or withdrawal shall be
entertained by the Authority in respect of such BID.
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 authorized 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 all the responsive bidder; the lowest bidder will be termed as L1. If L1 is 'Class
-I Local Supplier’, the contract will be awarded to L1.
(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 t he 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.

3.3.6 Deleted.

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.
4.4 Obligations relating to Local

The Contractor [Class I Local Supplier/ Class II Local Supplier / Non Local Supplier]
undertakes to ensure minimum Local Content in the Project Highway of at least [
50%/2 0 %] duly complying with the provisions of Department for Promotion of
Industry and Internal Trade, Ministry of Commerce and Industry, Government of India
Order No. P-4502112/2017-PP (BE- II) dated September 16, 2020, as amended or
modified till Bid Due Date and the provisions under Rule 144(xi ) of GFR,201
 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 endeavor 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.
 SECTION-6

MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws
of India and the Courts at Goa 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.
 APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)

Dated:
The Chief Engineer, (NH)
Government of Goa,
Public works Department,
Phone:
Fax:
Email:

Sub: BID for Widening of NH-366 (Old NH-17A) from Sada Junction (Km 14/90) to Gate
No. 1 of MPT (Km16/00)
Dear Sir,

With reference to your RFP document dated / /2023, I/we, having examined the
Bidding Documents and understood their contents, hereby submit my/our BID for the
aforesaid Project. The BID is unconditional and unqualified.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16. I/We further acknowledge and agree that in the event such change in control occurs
after signing of the Agreement upto its validity. It would, notwithstanding anything to
the contrary contained in the Agreement, be deemed a breach thereof, and the
Agreement shall be liable to be terminated without the Authority being liable to us in
any manner whatsoever.
 17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage
at law or howsoever otherwise arising to challenge or question any decision taken by
the Authority in connection with the selection of the Bidder, or in connection with the
Bidding Process itself, in respect of the above mentioned Project and the terms and
implementation thereof.

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

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

20. I/ We offer a BID Security of Rs. 26,49,796/- to the Authority in accordance with the
RFP Document.

21. The BID Security in the form of a Bank Guarantee is attached.

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

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

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

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

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

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

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

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 of the

Authorised Signatory)
Place:

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
 APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
The Executive Engineer,
Government of Goa,
Works Division XIV (NH), PWD
Phone:
Fax:
Email:

Sub: BID for “Widening of NH-366 (Old NH-17A) from Sada Junction (Km 14/90) to Gate
No. 1 of MPT (Km16/00).”
.
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/ We acknowledge the right of the Authority to reject our BID without assigning any
reason or otherwise and hereby waive, to the fullest extent permitted by applicable
law, our right to challenge the same on any account whatsoever.

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

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

7. I/ We hereby submit our BID and offer a BID Price Rs..........................................

(Rs...................................... in words) for undertaking the aforesaid Project in
accordance with the Bidding Documents and the Agreement.
 Yours faithfully,

Date: (Signature, name and designation of the

Place: Authorised Signatory )

Name & seal of Bidder/Lead Member:..........

Class III DSC ID of Authorised Signatory:.............

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

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

lines of business and proposed role and responsibilities in this
Project:

3. Details of individual(s) who will serve as the point of contact/

communication for the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

4. Particulars of the Authorised Signatory of the Bidder:

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

5. In case of a Joint Venture:

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

$
All provisions contained in curly parenthesis shall be suitably modified by the Applicant to reflect
the particulars relating to such Applicant.
 ………contd
Appendix IA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14 for each Member
of the Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl.
No. Criteria Yes/No
1. Has the Bidder/ constituent of the Joint Venture been
barred by the Government of Goa
or its implementing agencies for the works of
Expressways, National Highways, ISC and El works,
from participating in bidding.
If the answer to 1 is yes, does the bar subsist as on
2
BID due date.

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

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

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

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

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

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

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

Name of the Bidder /Member of JV: __________________________

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

I/ We certify that the list is complete and covers all the projects of Expressways, National
Highways, ISC and EI works of Government of Goa 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……………………………………..
 Annex-II
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant Project Cate- Experience (Equivalent Rs. crore)$$
**
Technical
$
type Code* gory Payments received for Value of self- Experience£
construction of Eligible construction in Eligible
Projects in Categories 3 Projects in Categories 1
&4 and 2
(1) (2) (3) (4) (5) (6)
Single entity a
Bidder or Lead b
Member c
including other d
members of the e
Joint Venture f
Technical Experience
Aggregate =

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

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

$
Refer Clause 2.2.2.5(i)

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

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

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.
 Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
$
(In Rs. crore )
Bidder type Net Cash Accruals Net Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead Member
including other members of the Joint
Venture
TOTAL

Bidder type Annual Turnover Average

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

Name & address of Bidder’s Bankers:

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

Instructions:

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

3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet, but
does not include reserves created out of revaluation of assets, write-back of
depreciation and amalgamation.
4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall
be the year immediately preceding Year 1 and so on. In case the Bid Due Date falls
within 3 (three) months of the close of the latest financial year, refer to Clause 2.1.13.

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

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

7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the
Bidder and also specifying the methodology adopted for calculating such net worth in
accordance with Clause 2.2.2.9 (ii) of the RFP document.
 Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of the
Instruction Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work
executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer,
and/or
(b) revenues appropriated for self construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information provided in this
section is intended to serve as a back up for information provided in the Application.
Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for each
Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to be
provided here should indicate the break-up for the past 5 (five) financial years. Year 1
refers to the financial year immediately preceding the Bid Due Date; Year 2 refers to the
year before Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause
2.1.13). For Categories 1 and 2, expenditure on construction of the project by the
Applicant itself should be provided, but only in respect of projects having an estimated
capital cost exceeding the amount specified in Clause 2.2.2.6(i)(c). In case of Categories
3 and 4, payments received only in respect of construction should be provided, but only if
the amount received exceeds the minimum specified in Clause 2.2.2.6(ii). Receipts for
construction works should only include capital expenditure, and should not include
expenditure on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to concession,
etc.) may be provided. In case of projects in Categories 3 and 4, similar particulars of the
client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and
2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion,
should be indicated. In case of Categories 3 and 4, date of completion of construction
should be indicated. In the case of projects under construction, the likely date of
completion or commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning the
Eligible Project, held continuously during the period for which Eligible Experience is
claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice. In
other words, no double counting in respect of the same experience shall be permitted in
any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be furnished
as per formats below for each Eligible Project. In jurisdictions that do not have statutory
auditors, the auditors who audit the annual accounts of the Bidder may provide the
requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a
certificate from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d) :
Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it, this is to
certify that …………………….. (name of the Bidder) is/ was an equity shareholder in
……………….. (title of the project company) and holds/held Rs. ……… cr. (Rupees
………………………….. crore) of equity (which constitutes ……..%€ of the total paid up and
subscribed equity capital) of the project company from …………... (date) to ……………..
(date)¥The project was/is commenced on ………(date) and likely to be commissioned on
……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr. (Rupees
…………………crore), of which the applicant has itself undertaken the construction of project
of Rs. ………(Rupees ………. Crores) excluding any part of the project for which any contractor,
sub-contractor or other agent was appointed for the purpose of construction as per Clause 2.2.2.6
(i) (d) by the aforesaid Applicant itself, during the past five financial years as per year-wise
details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)

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

(Authorized Signatory)

Date:

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

Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company. However, in case the work of
other member(s) is also executed by the applicant, then this fact should also be certified by the Statutory Auditor and
accordingly the language may be suitably modified.
This certification 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.
 Appendix -IA
Annex-V

ANNEX-V
Statement of Legal Capacity

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

Ref. Date:

To,
The Executive Engineer,
Government of Goa,
Works Division XIV (NH), PWD
Phone:
Fax:
Email:

Dear Sir,

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

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

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

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

 Appendix - IA
Annexure-VI

Information required to evaluate the BID Capacity under clause 2.2.2.1:

To calculate the value of “A” and “C”

1. A table containing value of Civil Engineering Works in respect of EPC Projects (Turnkey
projects / Item rate contract/ Construction works) undertaken by the Bidder during the last
5 years is as follows (the amount of bonus received, if any, shall be indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net Value
No. undertaken w.r.t. EPC bonus (Rs. excluding
Projects including bonus, if in Crores) bonus (Rs. in
any (Rs. in Crores) Crores)
1 2021-22/2021
2 2020-21/2020
3 2019-20/2019
4 2018-19/2018
5 2017-18/2017

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

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

4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated to the
price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount of Updation Updated Amount of
No. Year Bonus (Rs. Factor Bonus (Rs. in Crores)
in Crores)
1 2021-22/2021 1.00
2 2020-21/2020 1.05
3 2019-20/2019 1.10
4 2018-19/2018 1.15
5 2017-18/2017 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 the

authorised signatory)

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

Sl. Name Percentage of Dater of Construction Value of Value of Balance Anticipated Balance value of
No. of participation start / period as per contract work value of date of work at 2022
Project/ of Bidder in appointed Agreement/ as per completed work to be completion /2023 price
Work the project date of LOA Agreemen completed level
β
project t /LOA

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

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

# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 2021-22/2021 1.00
2 2020-21/2020 1.05
3 2019-20/2019 1.10
4 2018-19/2018 1.15
5 2017-18/2017 1.20
The Statement showing the value of all existing commitments, anticipated value of work to be
completed in the period of construction of the project for which bid is invited and ongoing works
as well as the stipulated period of completion remaining for each of the works mentioned above is
verified from the certificate issued that has been countersigned by the Client or its Engineer-in-
charge not below the rank of Executive Engineer or equivalent in respect of EPC Projects or
Concessionaire / Authorised Signatory of SPV in respect of BOT Projects. No awarded / ongoing
works has been left in the aforesaid statement which has been awarded to
M/s………………individually / and other member M/s ……………….. and M/s
………………., as on bid due date of this RFP.
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation of Name of the Statutory Auditor’s firm:
Authorised Signatory Seal of the audit firm: (Signature, name
Date: and designation and Membership No. of
For and on behalf of ………………(Name
Place:
authorised signatory)
of the Bidder)
Date:
Place:

β
In case balance period of construction is less than the value of period of construction of the project for which bid is
invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of work to be
completed in the period of construction of the project for which bid is invited is to be mentioned. In the absence of
the anticipated value of work to be completed, the proportionate value shall be considered while evaluating the
Assessed Available Bid Capacity.
 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 the Contract Price Appointed Original Likely Date of Reason for
No. work (INR Cr) Date Scheduled Completion Delay#
Completion
Date
1
2
3
…

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

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

…………………………………………… Name of the Bidder

Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

Date: __________________

Place: __________________
 APPENDIX - II
Bank Guarantee for BID Security
(Refer Clauses 2.20)
B.G. No. Dated:

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

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

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

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

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

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

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

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

sufficiently given or made if addressed to the Bank and sent by courier or by
registered mail to the Bank at the address set forth herein.

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

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

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

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

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

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be
restricted to Rs. *** crore (Rupees *** ** crore only). The Bank shall be liable to
pay the said amount or any part thereof only if the Authority serves a written
claim on the Bank in accordance with paragraph 9 hereof, on or before [***
(indicate date falling 120 days after the BID Due Date)].

14. This guarantee shall also be operatable at our… ........................ Branch at New Delhi, from
whom, confirmation regarding the issue of this guarantee or extension / renewal thereof
shall be made available on demand. In the contingency of this guarantee being invoked
and payment thereunder claimed, the said branch shall accept such invocation letter and
make payment of amounts so demanded under the said invocation.
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 [Ministry/NHAI/NHIDCL/State PWD/BRO], details of which is as under:

S. No. Particulars Details

1. Name of Beneficiary PAY & ACCOUNTS OFFICER (NH)
2. Name of Bank CANARA BANK, FORT BRANCH, MUMBAI
3. Account No. 50003170000106
4. IFSC Code CNRB0015000

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/ the Lead Member of our Joint Venture and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or
required in connection with or incidental to submission of our BID for the Project proposed or being
developed by the Government of Goa, Works Division XIV (NH), PWD (the “Authority”) including
but not limited to signing and submission of all applications, BIDs and other documents and
writings, participate in Pre-BID and other conferences and providing information/ responses to the
Authority, representing us in all matters before the Authority, signing and execution of all contracts
including the agreement and undertakings consequent to acceptance of our BID, and generally
dealing with the Authority in all matters in connection with or relating to or arising out of our BID
for the said Project and/ or upon award thereof to us and/or until the entering into of the EPC
Contract with the Authority.

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

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

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

Seal of the Notary

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

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

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

Whereas the Government of Goa, Works Division XIV (NH), PWD (“the Authority”) has invited
BIDs for the ----------------------------------------------------- in the state of Goa on EPC mode.
(the “Project”).

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

“Joint Venture”) being Members of the Joint Venture are interested in bidding for the Project in
accordance with the terms and conditions of the Request for Proposal (RFP) and other BID
documents including agreement in respect of the Project, and
Whereas, it is necessary for the Members of the Joint Venture to designate one of them as the
Lead Member with all necessary power and authority to do for and on behalf of the Joint
Venture, all acts, deeds and things as may be necessary in connection with the Joint Venture’s
BID for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

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

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us/ Joint Venture.
 IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…
For …………………….. For …………………….. For ……………………..
(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(To be executed by all the Members of the Joint Venture)
Witnesses:
1.
2.
Notes:
 The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required, the same should be under common seal affixed in accordance with the
required procedure.
 Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from countries
that have signed the Hague Legislation Convention 1961 are not required to be legalised by
the Indian Embassy if it carries a conforming Appostille certificate.
 APPENDIX V

Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)

(To be executed on Stamp paper of appropriate value)

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

AMONGST

1. {………… Limited, and having its registered office at ………… } (hereinafter referred
to as the “First Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

AND

2. {………… Limited, having its registered office at ………… } and (hereinafter referred
to as the “Second Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter referred to
as the “Third Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

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

WHEREAS,

(A) Government of Goa, Works Division XIV (NH), PWD having its principal office at
__________, Panjim (hereinafter referred to as the “Authority” which expression shall,
unless repugnant to the context or meaning thereof, include its administrators, successors
and assigns) has invited bids (the Bids”) by its Request for Proposal No. ………… dated
…………(the “RFP”) for award of contract for Construction of six lane link road (NH-
166S) with paved shoulder configuration to Mopa Airport in the state of Goa (the
“Project”) through an EPC Contract.

(B) The Parties are interested in jointly bidding for the Project as members of a Joint Venture
and in accordance with the terms and conditions of the RFP document and other bid
documents in respect of the Project, and
(C) It is a necessary condition under the RFP document that the members of the Joint Venture
shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

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

2. Joint Venture

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

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

3. Covenants

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

4. Role of the Parties

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

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

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

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

5. Joint and Several Liability

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

6. Share of work in the Project

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

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

7. Representation of the Parties

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

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

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

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

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

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

applicable organisational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental
authorisation, approval, judgement, order or decree or any mortgage
agreement, indenture or any other instrument to which such Party is a party or
by which such Party or any of its properties or assets are bound or that is
otherwise applicable to such Party; or

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

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

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

8. Termination

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

9. Miscellaneous

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

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

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.SIGNED,
SEALED AND DELIVERED

For and on behalf of

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

Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.

2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and
documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of the
Joint Venture Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalised by
the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.
 APPENDIX VI

INTEGRITY PACT FORMAT

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

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

BETWEEN
The Government of Goa, Works Division XIV (NH), PWD represented by Secretary, PWD,
Government of Goa, (hereinafter referred to as the “Principal/Owner” which expression shall,
unless repugnant to the context or meaning thereof, include its administrators, successors and
assigns)
AND
{Name and address of the Firm/Company}, (hereinafter referred to as “The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.)

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

Article-1: Commitments of the Principal

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

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

The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to take all
measures necessary to prevent corruption. He commits himself to observe the following
principles during his participation in the tender process and during the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or
through any other person or firm, offer, promise or give to any of the Principal’s
employees involved in the tender process or the execution of the contract or to any third
person any material or other benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage of any kind whatsoever during the tender process or
during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contract,
submission or nonsubmission or bids or any other actions to restrict competitiveness or to
introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for
purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or transmitted
electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall
disclose the name and address of the Agents/ Representatives in India, if any. Similarly,
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian Nationality shall
furnish the name and address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting his
bid, disclose any and all payments he has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the award of the contract.
He shall also disclose the details of services agreed upon for such payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any outside
influence through any Govt. bodies/quarters directly or indirectly on the bidding process
in furtherance of his bid.
Article - 3 Disqualification from tender process and exclusion from future contracts.
(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), before award or during
execution has committed a transgression through a violation of any provision of Article-
2, above or in any other form such as to put his reliability or credibility in question, the
Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a
transgression through a violation of Article-2 such as to put his reliability or credibility
 into question, the Principal shall be entitled to exclude including blacklist and put on
holiday the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) for any future
tenders/ contract award process. The imposition and duration of the exclusion will be
determined by the severity of the transgression. The severity will be determined by the
Principal taking into consideration the full facts and circumstances of each case
particularly taking into account the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) and the amount of the damage. The exclusion will be
imposed for a maximum of 3 years.
(3) A transgression is considered to have occurred if the Principal after due consideration of
the available evidence concludes that “On the basis of facts available there are no
material doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent and
without any influence agrees and undertakes to respect and uphold the Principal’s
absolute rights to resort to and impose such exclusion and further accepts and undertakes
not to challenge or question such exclusion on any ground, including the lack of any
hearing before the decision to resort to such exclusion is taken. This undertaking is given
freely and after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s)shall be final and binding on the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s), however, the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) can approach IEM(s) appointed for the purpose of this
Pact.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation of
integrity pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall not be
entitled for any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) could be revoked by the Principal if the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s)can prove that he has restored/ recouped
the damage caused by him and has installed a suitable corruption prevention system in
his organization.

Article – 4: Compensation for Damages.

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

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

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

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

Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a
Bidder/ Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed Shri. R.S. Gujral as Independent External Monitor (herein
after referred to as “Monitor”) for this Pact. The task of the Monitor is to review
independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Director General
(Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the Monitor
has the right to access without restriction to all project documentation of the Principal
including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s).
The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)will also grant the
Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to
Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an impact on
the contractual relations between the Principal and the Contractor. The parties offer to the
Monitor the option to participate in such meetings.
 (5) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will
so inform the Management of the Principal and request the Management to discontinue
or take corrective action, or to take other relevant action. The monitor can in this regard
submit non-binding recommendations. Beyond this, the Monitor has no right to demand
from the parties that they act in a specific manner, refrain from action or tolerate action.
(6) The Monitor will submit a written report to the Director General (Road Development) &
Special Secretary within 8 to 10 weeks from the date of reference or intimation to him by
the Principal and, should the occasion arise, submit proposals for correcting problematic
situations.
(7) If the Monitor has reported to the Director General (Road Development) & Special
Secretary, a substantiated suspicion of an offence under relevant IPC/PC Act, and the
Director General (Road Development) & Special Secretary has not, within the reasonable
time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner.
(8) The word 'Monitor' would include both singular and plural.

Article – 9 Pact Duration

This Pact begins when both parties have legally signed it (in case of EPC i.e. for projects funded
by Principal and consultancy services). It expires for the Contractor/ Consultant 12 months after
his Defect Liability Period is over or 12 months after his last payment under the contract
whichever is later and for all other unsuccessful Bidders 6 months after this Contract has been
awarded. (In case of BOT Projects) It expires for the concessionaire 24 months after his
concession period is over and for all other unsuccessful Bidders 6 months after this Contract has
been awarded.
If any claim is made/ lodged during his time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged/ determined by Director
General (Road Development) & Special Secretary.
Article - 10 Other Provisions.
(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.
(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a consortium
Joint Venture partner, this pact must be signed by all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to term of this pact, any
action taken by the Principal in accordance with this Pact or interpretation thereof shall
not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provision of the extent law in force relating to any
civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first done
mentioned in the presence of following witness: -
(For & On behalf of the Principal)
(For & On behalf of the Bidder/ Contractor/
Concessionaire/ Consultant)

(Office Seal)

Place________
Date_________
Witness 1 : (Name & Address):

Witness 2 : (Name & Address):

{COUNTERSIGNED and accepted by:

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

WHEREAS________________________________________[name and address of Contractor]

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

AND WHEREAS the Contract requires the Contractor to furnish an {Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under and
in accordance with the Contract, during the {Construction Period/ Defects Liability Period and
Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee
Amount”).
AND WHEREAS we, ………………….. through our branch at …………………. (the “Bank”)
have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by way of
Performance Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms
as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/ Defects
Liability Period and Maintenance Period} under and in accordance with the Contract, and
agrees and undertakes to pay to the Authority, upon its mere first written demand, and
without any demur, reservation, recourse, contest or protest, and without any reference to
the Contractor, such sum or sums up to an aggregate sum of the Guarantee Amount as the
Authority shall claim, without the Authority being required to prove or to show grounds
or reasons for its demand and/or for the sum specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of
Superintending Engineer of Government of Goa, Works Division XIV(NH), PWD, that
the Contractor has committed default in the due and faithful performance of all or any of
its obligations under and in accordance with the Contract shall be conclusive, final and
binding on the Bank. The Bank further agrees that the Authority shall be the sole judge as
to whether the Contractor is in default in due and faithful performance of its obligations
during and under the Contract and its decision that the Contractor is in default shall be
final and binding on the Bank, notwithstanding any differences between the Authority
and the Contractor, or any dispute between them pending before any court, tribunal,
arbitrators or any other authority or body, or by the discharge of the Contractor for any
reason whatsoever.

3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the Bank
under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the Contract
or to extend the time or period for the compliance with, fulfillment and/ or performance of
all or any of the obligations of the Contractor contained in the Contract or to postpone for
any time, and from time to time, any of the rights and powers exercisable by the Authority
against the Contractor, and either to enforce or forbear from enforcing any of the terms
and conditions contained in the Contract and/or the securities available to the Authority,
and the Bank shall not be released from its liability and obligation under these presents by
any exercise by the Authority of the liberty with reference to the matters aforesaid or by
reason of time being given to the Contractor or any other forbearance, indulgence, act or
omission on the part of the Authority or of any other matter or thing whatsoever which
under any law relating to sureties and guarantors would but for this provision have the
effect of releasing the Bank from its liability and obligation under this Guarantee and the
Bank hereby waives all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the
Contract or for the fulfillment, compliance and/or performance of all or any of the
obligations of the Contractor under the Contract.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force
for the period specified in paragraph 8 below and unless a demand or claim in writing is
made by the Authority on the Bank under this Guarantee all rights of the Authority under
this Guarantee shall be forfeited and the Bank shall be relieved from its liabilities
hereunder.
8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand or claim
under this Guarantee is made in writing before expiry of the Guarantee, the Bank shall be
discharged from its liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it has the
power to issue this Guarantee and the undersigned has full powers to do so on behalf of the
Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed
to the Bank at its above referred branch, which shall be deemed to have been duly authorized
to receive such notice and to effect payment thereof forthwith, and if sent by post it shall be
deemed to have been given at the time when it ought to have been delivered in due course of
post and in proving such notice, when given by post, it shall be sufficient to prove that the
envelope containing the notice was posted and a certificate signed by an officer of the
Authority that the envelope was so posted shall be conclusive.

$
Insert date atleast 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause 2.21
of the RFP). The Contractors can submit the BG for periods of two years at one time and keep on renewing the
same till the DLP is over if they have problems in getting the BG in one go for the entire DLP.
11. This Guarantee shall come into force with immediate effect and shall remain in force and
effect for up to the date specified in paragraph 8 above or until it is released earlier by the
Authority pursuant to the provisions of the Contract.
12. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.
Signed and sealed this ………. day of ……….., 20……… at ………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)
 Appendix-VIII
(See Clauses 3.3.4)
Format of LOA
No.________________________
Government of India
Government of Goa
Works Division XIV (NH), PWD.

Dated,
To,

{Name of selected Bidder}

Subject: Widening of NH-366 (Old NH-17A) from Sada Junction (Km 14/90) to Gate No. 1
of MPT (Km16/00).

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.

3. 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.

4. 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.
5. In case of failure of submission of Performance Security, Additional Performance Security
(if any) and Security against Damages (if any) within the additional 60 (Sixty) days time
period, the award shall be deemed to be cancelled and Bid security shall be encashed by the
Authority as per Clause 2.21 of the RFP.

Yours faithfully,

{authorized signatory}
“Accepted by

(Name of the Authorized person)

(Name of the sole bidder / lead partner of JV)
Seal of the bidder” Signature Not Verified
Digitally signed by Dattaprasad Shripad Kamat
Date: 2023.06.06 11:20:17 IST
Location: eProcure-EPROC