NATIONAL HIGHWAYS AUTHORITY OF INDIA

(PLANNING & INFORMATION SYSTEMS DIVISION)

G-5&6, SECTOR-10, DWARKA, NEW DELHI-110 075

SELECTION OF SERVICE PROVIDER FOR PROVIDING SOFTWARE SERVICES

AT NHAI OFFICES
For
I) Supply and Installation of Off-the-Shelf Software Licenses
II) Maintenance of Existing Software Applications
III) Refurbish Existing NHAI Website and
IV) New Software Development Work as per NHAI requirement

TENDER DOCUMENT

E-Tender No. 11013/260/2012/IT

Note: This document contains total 117 pages. Any change in the document by the
Bidder shall result in summarily rejection of the bid.

Page 1 of 117
 TABLE OF CONTENTS

PARTICULARS PAGE NO.

PART – I: INFORMATION ABOUT THE TENDER

SECTION I Notice Inviting Tenders 4

Disclaimer 6

Glossary 7

SECTION II Schedule of Important Events 8

SECTION III Information to Bidders 9

SECTION IV Terms of Reference (TOR) 37

PART – II : FORMS FOR SUBMISSION OF BIDS

SECTION V Forms for submission of Technical Bid 146

SECTION VI Forms for submission of Financial Bid 162

PART – III : FORMAT OF CONTRACT

SECTION VII Format of Contract 176

PART – IV : ANNEXES

Annexure- I Format for submission of Earnest Money Bank 212

Guarantee (EMBG)

Annexure- II Format for submission of Performance Bank Guarantee 214

(PBG)

Annexure – III Format for Power of Attorney 216

Page 2 of 117
 PART-I

INFORMATION ABOUT
THE TENDER

Page 3 of 117
 SECTION – I

Tender No. 11013/260/2012/IT Dated: 25.09.2012

NATIONAL HIGHWAYS AUTHORITY OF INDIA
PLANNING & INFORMATION SYSTEMS DIVISION
G-5 & 6, Sector-10, Dwarka, New Delhi-110 075

NOTICE INVITING TENDERS

(THROUGH E-TENDERING MODE ONLY)

1. Online tenders are invited for selection of service provider for providing software
services at NHAI offices which includes software development as per NHAI’s
requirement, maintenance of existing customized software applications,
Development of NHAI’s website and Supply and installation of off-the-shelf software
licenses. ("Project").

2. The work will be awarded initially for a period of two (2) years, which can be further
extended as mentioned as envisaged in the conditions of contract.

3. The scope of work broadly comprises of software development as per NHAI’s

requirement, maintenance of existing customized software applications,
Development of NHAI’s website and supply & installation of off-the-shelf software
licenses. Detailed scope of work, eligibility criteria, bidding procedure, conditions of
contract and other information relating to the contract are given in the tender
document. NHAI has over the years built state of the art hardware and network
infrastructure which inter-alia include LAN/ WAN, etc. Now the emphasis is to
develop an appropriate software application through reputed software companies.
These software companies will be integrated with proposed Enterprise Resource
Planning (ERP) of NHAI.

4. The estimated cost of the Project for the contract period of two (2) years is Rs. 9
Crores.

5. Last date and time for online submission is 07.11.2012 at 11:00 Hrs.

6. Accessing/ Purchasing of Bid Documents

i) It is mandatory for all the Bidders to have class-III Digital Signature Certificate (in the
name of person who will sign the Bid) from any of the licensed Certifying Agency
(Bidders can see the list of licensed CA’s from the link www.cca.gov.in) to participate
in e-tendering of NHAI.
ii) To participate in the E-Bid submission, it is mandatory for the bidders to get
registered their firm/company with e-tendering portal http://www.nhai.org// to have
user ID & password which has to be obtained by submitting an annual registration
charges of INR 2,247/-(Inclusive of all taxes) which can be paid online through Debit/
Credit Card using the payment gateway of Punjab National Bank in favour of “M/s
ITI Limited”, payable at New Delhi. Validity of online registration is 1 year.
iii) The complete Bid Document can be Viewed / downloaded from the e-tender portal
i.e. www.tenderwizard.com/NHAI or www.nhai.org free of cost.
iv) A buyer manual containing the detailed guidelines for e-tendering system is also
available on e-tender portal of NHAI.
v) Detailed tender document can be viewed from e-tender portal of NHAI www.nhai.org
till the last date of submission of tender.
vi) To participate for bidding, Bidders have to pay Rs. 5,000/-(Rs. Five Thousand)
towards fee for Tender document (non-refundable) in the form of Demand Draft
issued from a scheduled Bank in India in favour of “National Highways Authority
of India” payable at New Delhi. The bidder shall submit scanned copy of the
Page 4 of 117
 demand draft also while submitting online bid. In addition to this, Bidder shall submit
Rs. 13,483/-(Thirteen Thousand Four Hundred Eighty Three Only) inclusive of all
Taxes towards Tender Processing fee (Non-Refundable) paid online through Debit/
Credit Card using the payment gateway of Punjab National Bank in favour of “M/s
ITI Limited”, payable at New Delhi.
vii) Detailed tender document can be downloaded from e-tender portal of NHAI
www.nhai.org or www.tenderwizard.com/NHAI free of cost from 25.09.2012 to
06.11.2012 up to 17:00 Hrs. Following may be noted
(a) Registration should be valid at least up to the date of submission of bid.
(b) Bids can be submitted only during the validity of their registration.
(c) The amendments / clarifications to the bid document, if any, will be hosted
on the NHAI e-tendering portal.
(d) If the firm / company is already registered with e-tendering portal of NHAI
and validity of registration is not expired the firm / company is not required
for fresh registration.

7. NHAI reserves the right to accept or reject any or all the proposals without assigning
any reason whatsoever.

Page 5 of 117
 Disclaimer

The information contained in this tender document (the “Tender Document”) or subsequently
provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf of
the NHAI or any of its employees or advisors, is provided to Bidder(s) on the terms and
conditions set out in this Tender Document and such other terms and conditions subject to
which such information is provided.

This Tender Document is not an agreement and is neither an offer nor invitation by NHAI to
the prospective Bidders or any other person. The purpose of this Tender Document is to
provide interested parties with information that may be useful to them in making their
financial offers (“Bid(s)”) pursuant to this Tender Document. This Tender Document includes
statements, which reflect various assumptions and assessments arrived at by NHAI in
relation to the Project. Such assumptions, assessments and statements do not purport to
contain all the information that each Bidder may require. This Tender Document may not be
appropriate for all persons, and it is not possible for NHAI, its employees or advisors to
consider the investment objectives, financial situation and particular needs of each party who
reads or uses this Tender Document. The assumptions, assessments, statements and
information contained in this Tender Document, 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 Tender Document
and obtain independent advice from appropriate sources.

Information provided in this Tender Document 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. NHAI accepts no responsibility for the accuracy
or otherwise for any interpretation or opinion on law expressed herein.

NHAI, 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 Tender Document or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the Tender Document and any assessment,
assumption, statement or information contained therein or deemed to form part of this
Tender Document or arising in any way for participation in this Bid.

NHAI 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 Tender Document. NHAI 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 Tender Document.

The issue of this Tender Document does not imply that NHAI is bound to select a Bidder or
to appoint the Successful Bidder for the Project and NHAI 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
NHAI or any other costs incurred in connection with or relating to its Bid. All such costs and
expenses will remain with the Bidder and NHAI shall not be liable in any manner whatsoever
for the same or for any other costs or other expenses incurred by a Bidder in preparation or
submission of the Bid, regardless of the conduct or outcome of the bidding process.

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 Glossary

Bid(s) As defined in Disclaimer

Bidders As defined in Clause2.1

Bidding Process As defined in Clause 9.1

Bid Security As defined in Clause 4.2

Conflict of Interest As defined in Clause 3.1

Contract Period As defined in Clause 1.9

Estimated Cost As defined in Clause 1.8

Government Government of India

LOA As defined in Clause 28.3

Project As defined in Clause 1 of Notice Inviting Tender

Re. or Rs. or INR Indian Rupee

Successful Bidder As defined in Clause 29.1

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.

Page 7 of 117
 SECTION – II

SCHEDULE OF IMPORTANT EVENTS

Sl. EVENT(S) DATE/ TIME

No.
(Unless otherwise notified separately)

1. Publication of Notice Inviting Tenders 26.09.2012

2. Pre-Bid Meeting and Bidders Training on e- 11:00 Hrs./ 05.10.2012

Tendering

3. Last date for submission of online tenders 11:00 Hrs./ 07..11.2012

4. Online Opening of Technical Tenders 12:30 PM. / 07.11.2012

5. Online Opening of Financial Bids To be intimated to successful pre-qualified

Bidders

6. Announcement of Successful Bidder and Normally within 4 weeks of date of opening of

issuance of Letter of Award (LOA) Financial Bids

7. Successful Bidder to furnish acceptance Within 15 working days from the issuance of
along-with Performance Bank Guarantee LOA
(PBG)

8. Signing of Contract Normally within 2-3 weeks from the acceptance

of LOA and submission of PBG by the
Successful Bidder.

NOTE :- The above-mentioned schedule of event(s) may be changed, at the discretion of

NHAI, without assigning any reason. Such change of date(s), if any, will be suitably
notified only through NHAI’s e-tendering portal. Interested persons/ prospective
Bidders are advised to periodically monitor the information relating to this tender
on the NHAI’s e-tendering portal.

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 SECTION – III

INFORMATION TO BIDDERS

Page 9 of 117
1. BACKGROUND AND REQUIREMENT

1.1. The National Highways Authority of India (NHAI) was constituted by an Act of Parliament, the
National Highways Authority of India Act, 1988. It is responsible for the development,
maintenance and management of National Highways entrusted to it and for matters connected or
incidental thereto.

1.2. NHAI is mandated to implement National Highways Development Project (NHDP), which is
India’s Largest ever highways project, in a phased manner. NHDP's prime focus is on developing
international standard roads with facilities for uninterrupted flow of traffic with:
• Enhanced safety features
• Better riding surface.
• Better road geometry
• Better traffic management and noticeable signage.
• Divided carriageways and service roads
• Grade separators
• Over bridges and underpasses
• Bypasses
• Wayside amenities

1.3. In addition to the projects under NHDP, currently, NHAI is also responsible for other Highways
connecting major ports & important cities.

1.4. The Headquarters of NHAI is located at Dwarka, New Delhi. NHAI also has Field Offices viz.
Project Implementation Units (PIUs), Corridor Management Units (CMUs) and Toll Plazas which
are spread all over the country. Among these Field Offices, PIUs are responsible for
implementing a work plan on a particular stretch of roads on National Highways; Corridor
Management Units (CMUs) maintain a particular stretch of completed roads and Toll Plazas are
responsible for collecting the Toll.

1.5. The Head Office at Dwarka, New Delhi already has a Local Area Network (LAN) and Wide Area
Network (WAN) providing Data and IP Telephony connectivity to its users. NHAI also has
collocated some of its Application Servers and the Mail Server at the Internet Data Center (IDC)/
NHAI offices in Delhi/ NCR.

1.6. The service provider would be expected to provide technical professional support for “Selection
of service provider for providing software services at NHAI offices”. Such support would be
for a definite period and will not amount to any kind of employment obligation on the part of NHAI.

1.7. Bidders are advised to carefully go through the detailed Terms of Reference (TOR) containing
scope of work, details of existing system, service window, performance standard etc. as well as
conditions of the Contract to get them acquainted with the job requirements and their cost
implications before taking part in the bidding process.

1.8. The estimated cost of the Project for the contract period of 2 (two) years (the “Estimated Cost”)
is Rs. 9 crores (Rupees Nine Crores only). The actual cost, however, will have to be assessed by
the Bidders before submission of online bids.

1.9. The work will be awarded initially for a period of two (2) years, which can be further extended as
mentioned in the special conditions of contract (“Contract Period”).

2. ELIGIBILITY CRITERIA:-

The Criteria for selection of the Service Provider shall be as under. All criteria mentioned need
to be complied by the Bidder. Any Bidder, not meeting any of the criteria shall be treated as
non-responsive.

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2.1 Financial Strength : The bidder’s average annual financial turnover should be Rs. 4 Crores or
more during last three financial years i.e. 2008-2009, 2009-2010 & 2010-2011 or 2007-2008,
2008-2009 & 2009-2010.

Documentary proof in the form of a certificate from the Company Secretary or statutory
auditor/ chartered accountant as per the specified format (Form-T2) shall be submitted to
substantiate the requisite Financial Strength of the Company. Certificates, which are not in
specified format or are issued with date prior to the notice inviting tender, shall not be
considered and the bid accompanying such certificates is likely to be declared non-
responsive.

2.2 The Bidder should hold a valid ISO 9001:2000 certification preferably in “Information Technology
(IT) Services related to IT Infrastructure and Application Support” - Valid copy of the Certificate
need to be enclosed.

2.3 The Bidder should have at least 50 software personnel on its rolls. These should comprise of
Project Managers, System Analyst, Programmer/ Software Developer, Web Developer, etc.

A self-declaration statement containing information to support the above requirement

signed by authorized signatory of the Bidder along with the documentary proof of the
same shall be enclosed in the technical proposal as per proforma [Form-T3].

2.4 The Bidder shall be an IT service provider involved in provision of similar nature of work i.e.
Development / customization / maintenance of software application to its clients in Government or
PSU or private organization of repute. Total value of works completed by the Bidder to be not less
than Rs. 8 crores out-of-which at least one should be at least Rs. 4 crores, during last three
financial years.

A self-declaration statement containing information to support the above requirement

signed by authorized signatory of the Bidder along with the documentary proof of the
same shall be enclosed in the technical proposal as per proforma [Form-T4].

If work is completed as per contract but have been provided an extension by the client as
maintenance contract, in that case the Bidder shall attach a self-certified copy of work order with
an affidavit on requisite non-judicial stamp papers duly attested by notary substantiating eligibility
and providing details like title and scope of project executed, date of commencement of project,
date of completion of project and payments received against similar works.

In case, Bidder has successfully executed two different contracts with the same client, then the
same will be treated as two works subject to meeting the aforesaid eligibility criteria. These two
different contracts cannot be clubbed to meet the eligibility criteria.

The scope of work under the contract if completed more than 95% will be considered as
substantially completed. In such a case, the Bidder shall provide certificate from the client or
affidavit on requisite non-judicial stamp papers duly attested by notary substantiating that the
work is substantially completed.

2.5 The main objects of the Memorandum of Association of the Company (Bidder) should
substantiate that in the ordinary course of its business, the Company is engaged in providing
similar services in the information technology field.

2.6 Government-owned enterprises may participate only if they can establish that they are legally and
financially autonomous and that they operate under commercial law.

2.7 A firm declared ineligible by NHAI or Ministry of Road Transport & Highways, Government of
India for indulging in corrupt or fraudulent practices shall be ineligible to bid in this tender.

2.8 A firm determined non-performing by NHAI shall also not be eligible to bid during the period so
determined.
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2.9 As the major work is to be carried out at Delhi/NCR, the Bidder should have functional office in
Delhi/ NCR.

3. CONFLICT OF INTEREST

3.1 A Bidder shall not have a conflict of interest that may affect the bidding process (the “Conflict of
Interest”). Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of
disqualification, NHAI shall forfeit and appropriate the Bid Security as mutually agreed genuine
pre-estimated compensation and damages payable to the Authority for, inter alia, the time, cost
and effort of NHAI including consideration of such Bidder’s proposal, without prejudice to any
other right or remedy that may be available to NHAI hereunder or otherwise.

3.2 NHAI requires that the Bidder provides professional, objective, and impartial advice and at all
times hold NHAI’s interest’s paramount, avoid conflicts with other assignments or its own
interests. The Bidder shall not accept or engage in any assignment that would be in conflict with
its prior or current obligations to other clients, or that may place it in a position of not being able to
carry out the assignment in the best interests of NHAI.

3.3 Some guiding principles for identifying and addressing Conflicts of Interest have been illustrated
in the Guidance Note at Appendix-II. Without limiting the generality of the above, a Bidder shall
be deemed to have a Conflict of Interest affecting the bidding process, if :

(a) a constituent of applicant Bidder is also a constituent of another Bidder ; or

(b) such Bidder or its associate receives or has received any direct or indirect subsidy or
grant from any other Bidder or its associate; or

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

(d) such Bidder has a relationship with another Bidder, directly or through common third
parties, that puts them in a position to have access to each other’s’ information about, or
to influence the Bid of either or each of the other Bidder; or

(e) there is a conflict among this and other consulting assignments of the Bidder (including
its personnel and Sub-consultant) and any subsidiaries or entities controlled by such
Bidder or having common controlling shareholders. The duties of the Bidder will depend
on the circumstances of each case. While providing services to NHAI for this particular
assignment, the Bidder shall not take up any assignment that by its nature will result in
conflict with the present assignment; or

(f) the applicant, its associate (or any constituent thereof), and the bidder, if any, for the
Project, its contractor(s) or sub-contractor(s) (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 or ownership interest of
an applicant, its associate (or any shareholder thereof having a shareholding of more
than 5% (five per cent) of the paid up and subscribed share capital of such applicant or
associate) in the Bidder, if any, or its contractor(s) or sub-contractor(s) is less than 5%
(five per cent) of the paid up and subscribed share capital of such Bidder or its
contractor(s) or sub-contractor(s); provided further that this disqualification shall not apply
to 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 sub-clause, indirect shareholding shall be computed in

accordance with the provisions of sub-clause (a) above. For purposes of this RFP,
associate means, in relation to the applicant, a person who controls, is controlled by, or is
under the common control with such applicant. As used in this definition, the expression
“control” means, with respect to a person which is a company or corporation, the
Page 12 of 117
 ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares of
such person, and with respect to a person which is not a company or corporation, the
power to direct the management and policies of such person by operation of law or by
contract.

4. Preparation & Submission of bids:

(i) Detailed tender documents may be downloaded from e-tender portal of NHAI www.nhai.org till
the last date of submission of tender and tender may be submitted online following the instruction
appearing on the screen. A buyer manual containing the detailed guidelines for e-tendering
system is also available on e-tender portal of NHAI. NHAI will not be responsible for any technical
problem during uploading of tender through e-tender portal. The Bidders may familiarize
themselves with the e-procurement system of NHAI by attending training conducted at NHAI.

(ii) The following documents shall be prepared and scanned in different files (in PDF or JPEG format
such that file size is not more than 5 MB) and uploaded during the on-line submission of Bid.
These documents shall also be submitted in ‘ORIGINAL’ to NHAI before the prescribed date &
time for submission of Bids.
(a) Bid Security [2% of the Estimated Cost] as per Clause 5 of Section III;
(b) Cost of tender document of Rs 5,000/- (Rupees Five Thousand only) in the form of DD in
favour of NHAI, payable at New Delhi
(c) Proof of Tender processing fee of Rs. 13,483/-(Thirteen Thousand Four Hundred Eighty
Three Only) inclusive of all Taxes be paid online through Debit/ Credit Card using the
payment gateway of Punjab National Bank in favour of “M/s ITI Limited”, payable at New
Delhi.
(d) Power of Attorney for signing of Bid. Format for submission of Power Attorney is
Annexure III ;
(e) An Undertaking from the person having PoA that they agree and abide by the Bid
documents uploaded by NHAI and amendments uploaded if any
(f) Original experience certificate or notarised copy of certificate duly signed by authorized
signatory.

(iii) The bids should be submitted online only in the prescribed format downloaded from the e-
tendering portal of NHAI. No other mode of submission is accepted.

(iv) The Technical and Financial Bid shall be digitally signed by the Authorized Signatory of the bidder
& submitted “on-line” only. No hard copy of Technical and Financial bids is required to be
submitted.

(v) It may be noted that scan copies can be prepared in different file format (PDF, JPEG).

(vi) It may also be noted that bidders can upload a single file of size of 5 MB only but you can upload
multiple files.

(vii) The Documents as specified in para 4 (ii) above shall be placed in a sealed envelope. The
envelope should bear the following identifications: “Enclosure to Bid for Selection of service
provider for providing software services at NHAI offices” and addressed to.

DESIGNATION General Manager (Tech.) - PCA

ADDRESS National Highways Authority of India,
G-5&6, Sector 10, Dwarka,
New Delhi-110 075
Phone No. : +91-11-25074100/200
E-MAIL ADDRESS : software@nhai.org

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 5. TENDER APPLICATION FEE AND BID SECURITY

5.1 The Bidder shall furnish Tender Application Fee (non-refundable) in the form of Demand Draft/
Banker Cheque/ Pay order amounting to Rs. 5,000/= (Five thousands only), drawn on a
scheduled commercial bank and payable to “National Highways Authority of India” at New Delhi.
Bidder has to submit proof for the payment of Rs. 13,483/-(Thirteen Thousand Four Hundred
Eighty Three Only) inclusive of all Taxes towards Tender Processing fee (Non-Refundable) paid
online through Debit/ Credit Card using the payment gateway of Punjab National Bank in favour
of “M/s ITI Limited”, payable at New Delhi.

5.2 The Bidder shall furnish Bid Security equivalent to 2% of the Estimated Cost (“Bid Security”) i.e.
Rs. 18 Lacs (Rupees Eighteen Lacs Only) either in the form of Earnest Money Deposit (EMD) or
Earnest Money Bank Guarantee (EMBG).

5.3 The EMD shall be furnished in the form of Demand Draft/ Banker Cheque/ Pay order of requisite
amount, drawn on a scheduled commercial bank and payable to “National Highways Authority
of India” at New Delhi. NHAI shall not be liable to pay any interest on the Bid Security deposit so
made and the same shall be interest free.

5.4 Alternatively, EMBG of requisite amount can be submitted in accordance with the prescribed
format, in favour of “National Highways Authority of India, New Delhi”. The EMBG shall be
valid for a minimum period of 165 days (120+45 days) from the last date of submission of the
tender. For counting the period of validity of 120+45 days, the last date of submission of the
tender shall be excluded.

5.5 The EMBG from following banks shall only be accepted:-

• State Bank of India or its subsidiaries
• Any Indian Nationalized Bank
• IDBI or ICICI Bank
• A Foreign Bank (issued by a branch outside India) with a counter guarantee from SBI or
its subsidiaries or any Indian Nationalized Bank
• Any Scheduled Commercial Bank approved by RBI having a net worth of not less than
Rs. 500 crores as per the latest Annual Report of the Bank. In the case of a Foreign
Bank (issued by the branch of India) the net worth in respect of the Indian operations
shall only be taken into account

5.6 The acceptance of the EMBG shall also be subject to the following conditions:-
• The capital adequacy of the Bank shall not be less than the norms prescribed by
RBI;
• The bank guarantee issued by a Cooperative Bank shall not be accepted.

5.7 An EMBG may be declared unacceptable, if

a. it does not comply with the requirements of sub-clauses 5.4, 5.5 & 5.6 above;
b. it’s validity is short of the prescribed period;
c. the EMBG is not of correct value;
1
d. the EMBG is not in prescribed format .

5.8 Any Bid not accompanied by an acceptable Bid Security and Tender Application Fee shall be
summarily declared non-responsive and the envelope containing Technical Bid of such Bidder
shall not be opened.

1
Provided that an EMBG with minor deviation from the prescribed format, if any, which is not likely to
affect the rights of NHAI in encashment of EMBG for default, may be considered acceptable by the
Competent Authority and its decision shall be final and binding.
Page 14 of 117
5.9 The Bid Security of unsuccessful Bidders shall be returned without interest after finalization of the
tender and that of the Successful Bidder shall be returned without interest, on receipt of
Performance Bank Guarantee in accordance with the requirement of the Contract.

6. FORFEITURE OF BID SECURITY (EMD/ EMBG)

The Bid Security shall be forfeited as mutually agreed genuine pre-estimated compensation and
damages payable to NHAI for, inter-alia, time, cost and effort of the NHAI without prejudice to any
other right or remedy that may be available to NHAI under the Bidding Documents and/or under
the Contract, or otherwise, under the following conditions:

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

undesirable practice or restrictive practice; or

(b) If a Bidder carries out any modification in the downloaded Tender Document while
submitting its proposal; or

(c) If the Bid is withdrawn or modified during the intervening period between the last date &
time for submission of bids and the expiration of the Validity Period; or

(d) If a Bidder does not accept the correction of errors of his Bid price in accordance with the
tender conditions; or

(e) If a Bidder having been notified Successful Bidder by the NHAI with the issuance of LOA
during the Validity Period:
(i) fails or refuses to execute/ sign the Contract within the stipulated time frame; or
(ii) fails or refuses to furnish the Performance Security, in accordance with
the tender conditions.

7. LAST DATE FOR SUBMISSION OF TENDERS

7.1 Tenders, complete in all respects, must be submitted online on or before the last date and time
specified in the schedule of events.

7.2 NHAI may, at its own discretion, extend the last date for submission of tenders. In such a case, all
the eligibility requirements shall get automatically modified/ valid for the extended timeframe.

8. COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of his Bid and any
incidental expenditure toward that, and the NHAI will in no case be responsible and liable for
those costs, regardless of the conduct or outcome of the bidding process.

9. SITE VISIT

The Bidder, at the his own responsibility and risk is encouraged to visit and examine NHAI Offices
in Delhi/NCR and RIS Data Center/ IDC and obtain all information that may be necessary for
preparing the Bid and entering into the Contract. The costs of such visit shall be at the Bidder's
own expense.

10. BIDDING PROCESS

10.1 Tender Submission

(a) Bidders are advised to study the Tender Document carefully. Submission of the Tender will be
deemed to have been done after careful study and examination of ground realities as well as all
the instructions, eligibility norms, terms & conditions, requirements and specifications available in
the Tender Document with full understanding of its implications. The Bidder is expected to
examine carefully all the instructions, conditions of Contract, forms for submitting Technical and
Page 15 of 117
 Financial Bids and TOR (scope of work) in the Tender Document before submitting their Bids.
Failure to comply with all the requirements of Tender Document shall be at the Bidder’s own risk.
Bids, which are not substantially responsive to the requirements of the Tender Document, shall
be declared non-responsive and shall not be considered for evaluation.

(b) The Bidders are advised to use the online forms prescribed in this Tender Document for
submission of their technical as well as Financial Bids. Any Bid not conforming to the prescribed
forms is liable to be declared non-responsive.

(c) The Bidders are further advised to cross-check the completeness of their Bid before submission.

(d) In order for their tenders be considered, the Bidders are requested to upload the relevant
documents in support of their claim in respect of eligibility. Claims, which are not supported by
relevant documents, shall not be considered during evaluation of Bid.

(e) No change in the Tender Document by the Bidder is permissible. In case any Bidder submits his
Bid after making any changes in the Tender Document or submits a conditional Bid, the same
shall be declared non-responsive.

10.2 Content of Bidding Documents

The set of bidding documents comprises the documents listed below:

(A) Tender Application Fee, Tender Processing Fee and Bid Security – in original.

(B) Technical Bid, submitted online process should contain following documents:
(i) Copy of board resolution/ Power of Attorney/ Authorization letter/ any other supporting
document indicating that the person signing the Bid has the required authority to sign on
behalf of the Bidder (to be scanned and uploaded)
(ii) Technical Proposal in the prescribed format with requisite supporting documents
(downloaded technical bid form to be filled and uploaded)
(iii) Copy of Memorandum of Association & Article of Association of the Company (in PDF/
JPG format)
(iv) A brief write-up about the company profile containing details about its areas of
business(es), technical/ core competencies, financial capacity, etc. (in PDF/ Word
format)
(v) Complete Tender Document
(vi) Pre-Bid Minutes as well as any addendum/ amendment to the Tender Document issued
by NHAI subsequent to issue of Notice inviting Tenders and placed on NHAI web site
(vii) Copy of Bid Security and Tender Application Fee
(viii) Any other document providing additional information in scanned file (in PDF or JPEG
format such that file size is not more than 5 MB).

(C) Financial Bid submitted through online process should contain : Financial proposal
(downloaded financial bid form to be filled and uploaded)

10.3 The bid (Price bid) should be submitted online only in the prescribed format given in the e-
tendering portal of NHAI. No other mode of submission is accepted. The Technical and Financial
Bid shall be digitally signed by the Authorized Signatory of the bidder & submitted “on-line” only.
No hard copy of Technical and Financial bids is required to be submitted.

10.4 The documents containing Tender Application Fee, proof of online transfer of Tender Processing
Fee & Bid Security, and other documents mentioned above should be submitted in ORIGINAL’ at
the following address before the due date and time:
General Manager (Tech.) - PCA
National Highways Authority of India (NHAI)
G-5 & 6, Sector-10, Dwarka
New Delhi-110075

Page 16 of 117
10.5 If the envelope is not sealed and marked as above, the NHAI will assume no
responsibility for the misplacement or premature opening of the contents of the Bid submitted and
consequent losses, if any, suffered by the Bidder. Such Bids may also be declared non-
responsive.

10.6 All the personnel/ equipments offered by the Bidder shall also conform to the statutory
requirements. The Bidder shall be responsible to comply with all the Acts/ Rules of Government
of India, the State Governments and Rules/ Regulations framed by any other Local/ Regulatory
bodies.

10.7 Bidders may please note that the formats prescribed in this Tender Document shall be used for
preparing their Bids. If any requisite document/ certificate is not in the prescribed format or the
certificate is dated prior to the date of Notice Inviting Tender, the same shall not be considered
while evaluating the Bids and the same may lead to Bid being declared as non-responsive.

10.8 The Bid shall contain no alterations or additions, except those to comply with instructions
issued by the NHAI, or as necessary to correct errors made by the Bidder, in which case such
corrections shall be authenticated by signature of the person or persons signing the Bid.

11. LANGUAGE OF THE BIDS

The Bid and all communications in relation to or concerning the Bidding Documents and the Bid
shall be in the English language. No supporting document or printed literature shall be submitted
with the proposal unless specifically asked for and in case any of the documents is in another
language, it must be accompanied by an accurate translation of the relevant passages in English,
in which case, for all purposes of interpretations of the proposal, the translation in English shall
prevail.

12. TECHNICAL PROPOSAL

12.1 In preparing the Technical Proposal, Bidders are expected to examine the documents comprising
his Bid in detail. Material deficiencies in providing the information requested may result in
rejection of a Proposal.

12.2 While preparing the Technical Proposal, Bidders must give particular attention to the following:

(i) Availability of technical resources to carry out the work in accordance with scope of work.

(ii) Information regarding any litigation or arbitration resulting from Contracts executed by the Bidder
in the last five years or currently under execution. The information shall include the names of the
parties concerned, the disputed amount, cause of litigation, and matter in dispute. Bidder should
scan the relevant document and upload.

(iii) An undertaking to the effect that the Bidder does not have record of poor performance such as
abandoning the works, not properly completing the Contract, inordinate delays in completion,
delay in payment of salary to its staff deployed to client’s site, litigation history or financial
failures etc.; Bidder should scan the relevant document and upload.

(iv) It is desirable that the majority of the personnel proposed to be deployed is permanent
employees of the firm or have an extended and stable contract and working relation with it. The
proposed personnel to be deployed at NHAI offices shall be required to be deployed exclusively
for this project, and in case found to be deployed on other projects it will lead to termination/
cancellation of the Contract.

(v) Proposed personnel must have the requisite qualification and experience indicated in the Tender
Document, preferably under conditions similar to those prevailing in the country.

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 (vi) Reports to be issued by the Bidder as part of this assignment may be in Hindi/ English language
or bilingual. Therefore, it is desirable that the firm’s personnel have a working knowledge of both
Hindi and English

12.3 The Technical proposal should also contain the following information:

(i) A brief description of the firm’s organization and an outline of recent experience on assignments
of a similar nature. For each assignment, the outline should indicate, inter-alia, the profiles and
names of the personnel deployed, duration of the assignment along-with start date & date of
completion, contract amount, payments received, and firm’s involvement.

(ii) Any additional information the Bidder may like to bring to the notice of NHAI.

12.4 The Technical Proposal shall not include any financial information.

13. FINANCIAL PROPOSAL

13.1 In preparing the Financial Proposal, Bidders are expected to take into account the requirements
and conditions of the Bid documents. The financial proposal should follow standard terms. It
should include all costs associated with the TOR of the assignment.

13.2 The Financial Proposal should clearly include that rates are inclusive of all the taxes, duties, fees,
levies, and other charges imposed under the applicable law, on the Bidder, the sub-Bidders, and
their personnel. Bidder should express the price in the currency of Indian Rupees.

13.3 The Bidders are expected to quote the man-month rates for personnel as well as agency
commission and/or discounts and taxes in the Financial Bid Form F-2 to arrive at the final
cost figures. The total cost quoted by the Bidder shall be inclusive of all taxes, levies etc. and
shall be fixed for the duration of the Contract and shall not be subject to adjustment on any
account.

13.4 It may be noted that part of the Contract Price equal to taxes, duties, fees, levies, and other
charges imposed on the service billed by the Bidder under the applicable law shall be paid by
NHAI subject to production of proof of payment. It is clarified that income tax payable by the
deployed personnel or the Bidder is not reimbursable by NHAI.

13.5 Bidders must quote for all the items of the tender. In case any item is not quoted the bid can be
either treated non-responsive or else for non quoted item highest rate quoted in the tender will be
taken by NHAI to arrive at the total bid value. The decision to opt for either of above options will
be of NHAI.

14. CURRENCIES OF BID AND PAYMENT

The prices shall be quoted by the Bidder entirely in Indian Rupees. All payment shall be made in
Indian Rupees.

15. BID VALIDITY

15.1 All the Bids must be valid for a period of 120 days from the last date of submission of the tender
for execution of Contract (“Validity Period”). However, the quoted rates should be valid for the
initial/ extended period of the Contract from the effective date of the Contract. No request will be
considered for price revision during the Contract Period.

15.2 A Bid valid for a shorter period shall be declared as non-responsive.

15.3 During the Validity Period, the Bidder is expected to keep available the key professional staff
proposed for the assignment.

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15.4 The NHAI will make its best effort to complete the tender process within this Period. In
exceptional circumstances, prior to expiry of the original time limit, the NHAI may request the
Bidders to extend the period of validity for a specified additional period beyond the original validity
of 120 days. The request and the bidders' responses shall be made in writing or by cable. The
Bidders who accept the request to extend the period of validity of their Bids shall extend the
validity of their Bid Security by days equal to the period of extension of validity of the Bids. The
bidders, not agreeing for such extensions will be allowed to withdraw their bids without forfeiture
of their Bid Security.

16. MODIFICATION / SUBSTITUTION/ WITHDRAWAL OF BIDS:

(i) The Bidder may modify, substitute or withdraw its e- bid after submission prior to the Bid Due
Date. No Bid shall be modified, substituted or withdrawn by the Bidder on or after the Bid Due
Date.
(ii) Any alteration/ modification in the Bid or additional information supplied subsequent to the Bid
Due Date, unless the same has been expressly sought for by the Authority, shall be disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal and upload /
resubmit digitally signed modified bid.
(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal and can
withdraw its e-bid.
(v) 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.

17. LATE BIDS

17.1 The Bid received by the NHAI after the prescribed deadline will not be accepted by the online bid
submission portal.

17.2 Late Submission of Document in Physical Form:

Any document as specified in clause 4 (ii) to be received in physical form, if received by the
Employer after the deadline prescribed will be returned unopened to the Bidder and also the e-bid
submitted by such bidder will not be opened.

18. INVALID OFFERS

The offers submitted by telex/ telegram/ fax/ e-mail/ physical submission bid or any manner other
than specified above shall be deemed to be invalid offer and shall not be considered. NHAI is not
bound to reply/ respond to any representation/ letter or request for change in scope of the works,
eligibility criteria or any relaxation in respect of the tender conditions. No correspondence will be
entertained on this matter.

19. PROCESS TO BE CONFIDENTIAL

Information relating to the examination, clarification, evaluation, and comparison of Bids and
recommendations for the award of a Contract shall not be disclosed to Bidders or any
other persons not officially concerned with such process until the award to the Successful
Bidder has been announced. Any effort by a Bidder to influence the NHAI’s processing of Bids
or award decisions may result in the rejection of his Bid. NHAI 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. NHAI 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 NHAI or as may be required by law or
in connection with any legal process.

20. OPENING, EVALUATION AND FURTHER PROCESS

(a) The bids will be opened by a committee of officers nominated by the NHAI on the time and
date specified.
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 (b) Based on the bids submitted by the Bidders, the Tender Evaluation Committee (TEC)
constituted by NHAI, shall carry out an evaluation of the qualifications of the Bidders. If at
any time during the evaluation process, the TEC requires any clarification in order to carry
out the evaluation, it reserves the right to request information from any Bidder, and the
Bidder concerned shall be obliged to respond to any request for such information and to
supply the same to the TEC within such reasonable timeframe as TEC may require.

(c) NHAI will prepare the short-list of qualified Bidders and inform the qualified Bidders of the
outcome.

(d) This tender confers neither the right nor expectation on any party to participate in the
selection process. NHAI reserves the right to reject any or all of the bids, if it considers
necessary to do so, or to vary any of its terms at any time without giving any reason or
incurring any liability thereto.

21. SELECTION PROCESS

(a) A two-stage selection procedure will be adopted:

Stage-1: Pre-qualification-cum-Technical Stage
Stage-2: Financial Stage

(b) In the first stage the Evaluation Committee shall examine the statement of qualification,
experience, technical capabilities etc. furnished by the Bidder and allocate a technical
score for the purpose of ranking the Bidders as per Technical Evaluation Criterion outlined
in Appendix – I to Section III. The technical proposal should score at least 70 points
out of 100 to be considered for financial evaluation. The Bidders shall be ranked on the
basis of technical score obtained by them during pre-qualification cum technical evaluation
and only first five bidders shall be shortlisted.

(c) In the second stage, subsequent to pre-qualification and technical evaluation stage,
financial bids of only shortlisted Bidders will be opened. The lowest financial bid among
shortlisted bidders would be selected for award of work. However, NHAI would be free to
take an appropriate decision and is not bound to accept the lowest bid.

22. DISQUALIFICATION

NHAI may at its own sole discretion and at any time during the process, disqualify any applicant,
if the applicant has:
(a) Submitted the bid after the response deadline;
(b) Made misleading or false representations in the forms, statements and attachments
submitted in proof of the eligibility requirements;
(c) Exhibited a record of poor performance such as abandoning works, not properly completing
the contract, inordinately delaying completion, being involved in litigation, or financial
failures, etc.;
(d) Submitted a bid which is not accompanied by required documentation and non-refundable
tender application fee or is non-responsive;
(e) Failed to provide clarifications, when sought;
(f) Found to be involved in anti-national activity, corruption, political or other type of
canvassing in its favor;
(g) Violated any Act of Government of India or infringed any third party copyright.

23. Deleted

24. Any effort by the Bidder to influence the NHAI in the NHAI’s Bid evaluation, Bid
comparison or Contract award decisions may result in the rejection of the Bidders’
Bid.

25. NHAI’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
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 The NHAI reserves the right to accept or reject any Bid, and to cancel the bidding process and
reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to
the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the
grounds for the NHAI’s action.

26. CORRESPONDENCE WITH THE APPLICANT

Save and except as provided in this Tender Document, NHAI shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any Bid. NHAI is not
bound to reply/ respond to any representation/ letter or request for change in scope of the works,
eligibility criteria or any relaxation in respect of the tender conditions. No correspondence will be
entertained on this matter.

27. INDEMNITY

The Bidder shall, subject to the provisions of the Contract, indemnify NHAI for any direct loss or
damage that is caused due to any deficiency in services.

28. AWARD OF CONTRACT

28.1 Award of Contract will be limited to one Bidder only. Letter of Award (LOA) shall be issued by
NHAI to the Successful Bidder and the Bidder shall be asked to submit a Performance Security
and sign the Contract within the specified timeframe as per the LOA, failing which the offer will be
treated as withdrawn and the Bid Security will be forfeited.

28.2 NHAI will have a Contract for availing the services during the Contract Period. Depending on the
project requirements and past performance of the service provider, NHAI may extend the period
of Contract for additional period as envisaged in this tender on such terms and conditions as
NHAI may in its discretion deem fit.

29. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT

29.1 The Bidder whose Bid is successful (“Successful Bidder”) and acceptable will be notified of the
award by the NHAI in writing through email or cable or telex or facsimile confirmed by post/
courier through issue of a LOA. The LOA will state the sum that the NHAI will pay to the
Successful Bidder in consideration of the execution and completion of the Works as per TOR by
the Successful Bidder as prescribed by the Contract (hereinafter and in the Contract called the
“Contract Price”).

29.2 Upon receipt of LOA, the Successful Bidder, shall comply with the conditions of LOA and submit
a Letter of Acceptance along with Performance Security of requisite amount within the specified
timeframe, failing which, the LOA shall stand cancelled and also lead to annulment of the award
and forfeiture of the Bid Security. NHAI shall be entitled to take any other remedy under the
Contract, and the NHAI may resort to awarding the Contract to any other Bidder.

29.3 Upon furnishing of the Letter of Acceptance along-with Performance Security by the Successful
Bidder, he shall be asked to sign the Contract.

29.4 After signing of the Contract with the Successful Bidder, the NHAI will promptly notify the other
Bidders that their Bids have been unsuccessful.

30. PROPRIETARY DATA

Subject to the provisions of Clause 19, all documents and other information provided by NHAI or
submitted by an applicant or Bidder to NHAI shall remain or become the property of NHAI.
Bidders are to treat all information as strictly confidential. NHAI will not return any proposal or any
information related thereto. All information collected, analyzed, processed or in whatever manner
provided by the Bidder to NHAI in relation to the services shall be the property of NHAI.
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31. PERFORMANCE SECURITY

31.1 On receipt of the LOA, the Successful Bidder shall deliver to the NHAI a Performance Security in
the form of a Performance Bank Guarantee (PBG) in the format given in Annexure-II. The PBG
2
shall be for an amount equivalent to 10% of the Contract price , which shall be equivalent to the
offered price of Successful Bidder for the contract period of 2 years and in the name of the
National Highways Authority of India, New Delhi. After acceptance of Performance Security by
NHAI the Bid Security of Successful Bidder shall be released. The Performance Security shall be
valid for a period up to 365 days beyond the Contract Period, called “defect liability period”. As
such initially the validity of Performance Security shall be for a period of 3 years. Subsequently,
the service provider may be required to renew/ re-submit the Performance Security in such away
that it remains valid for a period up to 365 days beyond the extended period of Contract, if any.

31.2 The PBG from following banks shall only be accepted:-

• State Bank of India or its subsidiaries,

• Any Indian Nationalized Bank.
• IDBI or ICICI Bank.
• A Foreign Bank (issued by a branch outside India) with a counter guarantee from SBI or
its subsidiaries or any Indian Nationalized Bank.
• Any Scheduled Commercial Bank approved by RBI having a net worth of not less than
Rs. 500 crores as per the latest Annual Report of the Bank. In the case of a Foreign
Bank (issued by the branch of India) the net worth in respect of the Indian operations
shall only be taken into account.

31.3 The acceptance of the PBG shall also be subject to the following conditions:-
• The capital adequacy of the Bank shall not be less than the norms prescribed by
RBI
• The bank guarantee issued by a Cooperative Bank shall not be accepted.

32. START OF SERVICE

32.1 The start date of agreement will be reckoned from the day the Successful Bidder takes over the
entire operations from the existing service provider(s)/ NHAI as mentioned in the tender
document or as indicated in the Contract, whichever is earlier.

32.2 Failure of deployment of resources within the specified period in the work order shall attract penal
provisions of the Contract and can also lead to forfeiture of the Performance Security and any
such other remedy the NHAI may take under the Contract, and the NHAI may resort to terminate
the contract and awarding the Contract to any other Bidder.

33. ADVANCE PAYMENT AND FINANCIAL SECURITY

The NHAI will not make any Advance Payment or provide any financial security against the work
order/ Contract.

34. CORRUPT OR FRAUDULENT PRACTICES

The NHAI requires Bidder observe the highest standard of ethics during the procurement and
execution of the Contract. In pursuance of this policy :-

2
In case the quoted price of the Successful Bidder is lower than 15% below the estimated cost, the
Successful Bidder shall be required to submit performance security equivalent to 20% of the Contract
price i.e. normal performance security equivalent to 10% of the Contract price + additional performance
security equivalent to 10% of the Contract price). The additional performance security in this case shall
be required to be submitted by the Successful Bidder to ensure that it shall perform the contractual
obligations to the satisfaction of NHAI despite such lower remuneration.
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 (a) defines, for the purposes of this provision, the terms set forth below as follows :

(i) “corrupt practice” means the offering, giving, receiving or soliciting of any thing of
value to influence the action of a public official in the procurement process or
in Contract execution;

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence

a procurement process or the execution of a Contract to the detriment of the NHAI,
and includes collusive practice among Bidders (prior to or after Bid submission)
designed to establish Bid prices at artificial non-competitive levels and to
deprive the NHAI of the benefits of free and open competition;

(iii) “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;

(iv) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by the NHAI 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

(v) “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.

(b) will reject a proposal for award if it determines that the Bidder recommended for award has
engaged in corrupt or fraudulent practices in competing for the Contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a
NHAI Contract if it at any time determines that the firm has engaged in corrupt or fraudulent
practices in competing for, or in executing, a NHAI Contract.

35. CLARIFICATION OF BIDDING DOCUMENTS

35.1 A prospective Bidder requiring any clarification of the Bidding documents may notify NHAI in
writing or by cable (hereinafter "cable" includes telex, facsimile and e-mail) at NHAI’s address
indicated in the invitation to Bid. NHAI will respond to any request for clarification which is
received up to one day before the pre-Bid meeting. NHAI’s response will be hosted on NHAI e-
tendering portal indicating a description of the enquiry but without identifying its source.

35.2 To assist in the examination, evaluation, and comparison of Bids, the NHAI may, at its discretion,
ask any Bidder for clarification of its Bid. The request for clarification and the response shall be in
writing or by cable, but no change in the price or substance of the Bid shall be sought,
offered, or permitted except as required to confirm the correction of arithmetic errors discovered
by the NHAI in the evaluation of the Bids.

35.3 Except in case any clarification is asked by NHAI, no Bidder shall contact the NHAI on any matter
relating to its Bid from the time of the Bid opening to the time the Contract is awarded. If any
Bidder wishes to bring additional information to the notice of the NHAI, it should do so in
writing at the address: General Manager (Tech.) - PCA, National Highways Authority of India, G 5
& 6, Sector – 10, Dwarka, New Delhi – 110075.

35.4 Pre-Bid meeting

35.4.1 The Bidder or his official representative are invited to attend a pre-Bid meeting which will take
place at NHAI, G5&6, Sector-10, Dwarka, New Delhi-75 as mentioned in the Schedule of Events
(Section II). In the pre bid meeting Training for e-tendering will also be given to the bidders.

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35.4.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that
may be raised at that stage.

35.4.3 All Bidders are requested to go through the Bid document and send any queries/clarifications
addressed to GM (Tech.) (E-mail: software@nhai.org). The Bidder is requested to submit any
questions in writing or by cable to reach NHAI not later than one day before the meeting.

35.4.4 Minutes of the meeting including the text of the questions raised (without identifying the source of
enquiry) and the responses given will be send without delay to all Bidders or hosted on NHAI’s e-
tendering portal.

35.4.5 Any modification of the Tender Document which may become necessary as a result of the pre-
Bid meeting shall be made by the NHAI exclusively through the issue of an
Addendum/Amendment and not through the minutes of the pre-Bid meeting.

35.4.6 Non-attendance at the pre-Bid meeting will not be a cause for disqualification of a Bidder.

36. AMENDMENT OF TENDER DOCUMENT

36.1 At any time prior to the last date for receipt of tenders, NHAI, may, for any reason, whether at its
own initiative or in response to a clarification requested by a prospective Bidder, modify the
conditions specified in the Tender Document by an amendment. The amendment will be notified
on NHAI’s e-tendering portal and should be taken into consideration by the prospective Bidders
while preparing their Bids.

36.2 Any amendment/ addendum thus issued shall be part of the tender document and shall be
communicated by hosting the same only on e-tendering portal NHAI’s web site. Bidder will
provide acceptance and confirmation of such amendment/ addendum also by submitting the
digitally signed document as part their proposal.

36.3 In order to give prospective Bidders reasonable time to take the amendment into account in
preparing their tenders, NHAI may, at its discretion, extend the last date for the receipt of tenders.

37. MISCELLANEOUS

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

37.2 NHAI, 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 NHAI 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.

37.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases NHAI, 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.

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 Appendix – I to Section III

Technical Evaluation Criteria: (Refer Clause 20 & 21 of Section III)

Allocation of TS: The points shall be given on the basis of following criteria:

Sl. Description Points

No.
1. Financial Capacity 20
2. Technical Capability of handling similar works 70
3. Understanding & Methodology of the Proposal 10
Total 100

Break-up details of above TS points shall be as follows:

1. Financial Capacity (Refer Form-T2):

Description Points
Financial Capacity in terms of Annual turnover 20

(Average annual financial turnover should be Rs. 4 Crores or more during last three
financial years)

Rs. 4 Crores = 14 Points

More than Rs. 4 Crores and upto Rs. 8 Crores = 16 Points
More than Rs. 8 Crores and upto Rs. 16 Crores = 18 Points
> Rs.16 Crores = 20 Points

2. Technical Capability of handling similar works (Refer Form-T3 and Form-T4):

Description Points
(i) Certification in the area of Information Technology (IT) Services 20

ISO 9001:2000 in IT Services = 14 Points

CMM Level 3 Certification = 16 Points
CMM Level 5 Certification = 18 Points
CMM Level 5 Certification + ISO 9001 : 2000 = 20 Points

(ii) Should have at least 50 Software personnel on its rolls. These should 20
comprise of Project Managers, System Analyst, Programmer/ Software
Developer, Web Developer, etc.

50 Software Personnel = 14 Points

More than 50 Software Personnel and upto 100 Software Personnel = 16
Points
More than 100 Software Personnel and upto 200 Software Personnel = 18
Points
> 300 Software Personnel = 20 Points

(iii) IT service provider involved in provision of similar nature of work i.e. 30

development / customization / maintenance of software application to its
clients in Government or PSU or private organization of repute. Total value
of works completed by the Bidder to be not less than Rs. 8 crores out-of-
which at least one should be at least Rs. 4 crores, during last three financial
years.

Page 25 of 117
 Description Points
Successfully executed eligible IT service provider involved in provision of
similar nature of work i.e. development / customization / maintenance of
software application.

8 Crores = 21 Points
More than 8 Crores upto 16 Crores = 24 Points
More than 16 Crores upto 18 Crores = 27 Points
> 18 Crores = 30 Points

Total points 70

3. Understanding & Methodology of the Proposal

Description Points
Understanding & Methodology of the Proposal (Form – T5) 10
(i) Understanding of the Scope - 4 Points
(ii) Methodology - 2 Points
(iii) Work plan and - 4 Points
Organization of staff

(i) Understanding of the Scope (Points: 4)

(a) Average 2.00
(b) Good 3.00
(c) Very Good 4.00

(ii) Methodology (Points: 2)

(a) Average 1.00
(b) Good 1.50
(c) Very Good 2.00

(iii) Work plan and Organisation of Staff (Points: 4)

(a) Average 2.00
(b) Good 3.00
(c) Very Good 4.00

Page 26 of 117
 Appendix – II to Section III
(See Clause 3.3)

Guidance Note on Conflict of Interest

1. This Note further explains and illustrates the provisions of Clause 3 of the Tender Document and
shall be read together therewith in dealing with specific cases.

2. Bidders should be deemed to be in a conflict of interest situation if it can be reasonably concluded

that their position in a business or their personal interest could improperly influence their
judgment in the exercise of their duties. The process for selection of Bidders should avoid both
actual and perceived conflict of interest.

3. Conflict of interest may arise between NHAI and a Bidder. Some of the situations that would
involve conflict of interest are identified below:

(a) NHAI and Bidders:

(i) Potential service provider should not be privy to information from NHAI which is
not available to others; or
(ii) Potential service provider should not have defined the project when earlier
working for NHAI; or
(iii) Potential service provider should not have recently worked for NHAI overseeing
the project.
The participation of companies that may be involved as investors or consumers and officials of
the Authority who have current or recent connections to the companies involved, therefore, needs
to be avoided.

4. The normal way to identify conflicts of interest is through self-declaration by the Bidder. Where a
conflict exists, which has not been declared, competing companies are likely to bring this to the
notice of NHAI. All conflicts must be declared as and when the Bidder becomes aware of them.

5. Another approach towards avoiding a conflict of interest is through the use of “Chinese walls” to
avoid the flow of commercially sensitive information from one part of the Bidder’s company to
another. This could help overcome the problem of availability of limited numbers of experts for the
project. However, in reality effective operation of “Chinese walls” may be a difficult proposition. As
a general rule, larger companies will be more capable of adopting Chinese walls approach than
smaller companies. Although, “Chinese walls” have been relatively common for many years, they
are an increasingly discredited means of avoiding conflicts of interest and should be considered
with caution. As a rule, “Chinese walls” should be considered as unacceptable and may be
accepted only in exceptional cases upon full disclosure by a consultant coupled with provision of
safeguards to the satisfaction of NHAI.

6. Another form of conflict of interest called “scope–creep” arises when Bidder advocate either an
unnecessary broadening of the TOR or make recommendations which are not in the best
interests of NHAI but which will generate further work for the Bidders. Some forms of contractual
arrangements are more likely to lead to scope-creep. For example, lump-sum contracts provide
fewer incentives for this, while time and material contracts provide built in incentives for Bidders
to extend the length of their assignment.

7. Every project contains potential conflicts of interest. Bidders should not only avoid any conflict of
interest, they should report any present/ potential conflict of interest to NHAI at the earliest.
Officials of NHAI involved with the project shall be responsible for identifying and resolving any
conflicts of interest. It should be ensured that safeguards are in place to preserve fair and open
competition and measures should be taken to eliminate any conflict of interest arising at any
stage in the process

Page 27 of 117
 SECTION – IV

TERMS OF REFERENCE

Page 28 of 117
 Terms of Reference (TOR)

1. National Highway Authority of India (NHAI) is responsible for the implementation and
monitoring of National Highways Development Projects (NHDP). Civil Contracts are executed/
implemented by the Project Implementation Units (PIUs) of National Highway Authority of India.

2. Existing Applications: - NHAI has a number of isolated legacy applications developed over the
time for various requirements. The Legacy systems are primarily VB, .NET, with the ORACLE
and SQL server database at the backend. It is envisaged that the ERP will substitute most of
these functions (Legacy Systems) except two applications which needs to be integrated. Brief
Technical details of Legacy Applications used at NHAI

Availabil
Name of Developed ity of
Sl. Presen
using Databa Source
Applicatio Functionality Developed by t Data
No. Technolog se Code
n Size
y with
NHAI
1. Computeriz CPIS is project • Dot.Net No Developed by :- 8 GB
ed Project monitoring system [2003, Microsof M/s. TCS-CMC
Information at NHAI helps in Frame t SQL JV
System quick decision- Work Enterpri
(CPIS) making. CPIS will 1.0] se 2003 Presently
bring updated • Crystal Maintained by
projects related Report :-
information from s 2003 Ms. Vandana,
all projects online MD
for access by M/s. R V
NHAI and other Solutions Pvt
agencies such as Ltd.
funding agencies, D – 29, Sector
Ministry of Road – 2, Noida
Transport and Uttar Pradesh -
Highways etc. 201301
Cell No. : 0-
9871470010
2. Project e-PFMS is a web Yes Developed and 2.4 GB
Finance based financial Visual Microsof Maintained by
Manageme accounting and Basic / .Net t SQL :-
nt System management and Enterpri Mr. Vikas
(e-PFMS) implemented at se 2003 Gangwar
NHAI head office M/s Deloittee
and PIUs. DLF Cyber
City, Tower-B,
Building No.
10, Phase – II,
7t Floor,
Gurgaon,
Haryana
Cell No. : 0-
8376866780

Page 29 of 117
 Availabil
Name of Developed ity of
Sl. Presen
using Databa Source
Applicatio Functionality Developed by t Data
No. Technolog se Code
n Size
y with
NHAI
3. e-Pay e-Pay Software is No Developed by :- 1.09
Software used for ASP + Microsof GB
generating Salary Visual t SQL M/s.
and Form 16 for Basic 6.0 2000 Mothersonsumi
NHAI HQ users. Infotech &
Designs
Limited (M/s
MIND)

4. Road RIS is an Yes Developed and 4 GB

Information integrated GIS Oracle maintained by
System enabled database • Dot.Net 9i :-
(RIS) - storing highway [2003, Spatial
information, with Frame Mr. Hazara
an interface to Work Chaowdhry,
access and 1.0] Director
manage data. RIS • support M/s. Consulting
software is tool Engineering
enabled with • AutoC Services (CES)
Highway AD 57, Manjusha,
th
Development and Map 5 Floor, Nehru
Management Guide Place, New
(HDM-IV) 6.0. Delhi
software. The core Cell No. :
modules of the 9810175181
RIS system are :- 011-41392350
1. Locational
Referencing,
2. Pavement
Management,
3. Traffic
Management,
4. Asset
Inventory and
Condition,
5. Accident
Management,
6. Environment
Management,
7. Toll
Management,
8. Bridge
Inventory and
Condition,
9. Document
Management,
etc.
5. Toll Fee TFMS provides Microsof No Developed by :- 4 GB
Manageme real time Dot.Net t SQL
nt System information [2003, Enterpri M/s. CMC Ltd.
(TFMS) regarding Toll Frame se 2003
collection from all Work 1.0]

Page 30 of 117
 Availabil
Name of Developed ity of
Sl. Presen
using Databa Source
Applicatio Functionality Developed by t Data
No. Technolog se Code
n Size
y with
NHAI
the Toll Plazas on
National
Highways.
6. File File Tracking ASP Microsof No Developed by :- 3.34
Tracking System is used to Dot.Net t SQL GB
System track the Enterpri National
(FTS) - movement / se 2000 Informatics
tracking of Center (NIC)
physical files only.
7. I-Pad Built information Dot.Net 2.0 Microsof Yes Developed, 20 GB
Software system using HTML 5 t SQL Maintained and
hand-held devices CSS 3 Enterpri Hosted by :-
like I-Pad/ Tablet PHONEGA se 2008 Mr. Pravir
so that requisite P Krishak, CEO
information/ M/s. C-Net
photos/ videos Infotech Pvt.
from work site can Ltd.
be captured and E-5/4, IInd
populated into the Floor,
centralized system Shopping
Complex, Arera
Colony,
Bhopal, MP
Cell No. : 0-
9893597676,
0755-4096903
8. Enterprise NHAI users Microsoft NHAI - Microsoft 512 GB
wide Email access their email Exchange Mail Product,
system - accounts through Server NHAI maintained by
a web based 2003 HO Mail :-
interface provided IDC Mail Mr. Satish
by Microsoft Beghal,
Exchange. Service
Delivery
Manager
M/s. Wipro Ltd.
480 – 481,
Udyog Vihar
Phase – III,
Gurgaon
(Haryana).
Cell No. : - 0-
9971183979

9. Legal Case Web based ASP Microsof Yes Developed and 2 GB

Manageme software for Dot.Net t SQL Maintained by
nt Software management and Enterpri :-
monitoring of legal se 2003 Ms. Harjinder
cases for Kaur, CEO
maintenance of M/s Comvision
data and timely India Pvt. Ltd.
retrieval of 39, HARTRON

Page 31 of 117
 Availabil
Name of Developed ity of
Sl. Presen
using Databa Source
Applicatio Functionality Developed by t Data
No. Technolog se Code
n Size
y with
NHAI
information / data Complex
for better Electronic City,
dissemination of Sector – 18,
information and Gurgaon – 122
hosting of value- 015
added services for Cell No. :-
its users. 09971286969

10. Bill For the purpose of Java, Microsof Yes Developed by :- 500 MB
Tracking having Santosh t SQL
System transparency to all Enterpri Mr. Rohit
external parties se 2008 Gupta
like suppliers, M/s. NKC
vendors, etc., a Projects Pvt.
web-based portal Ltd.
is developed UG-207C,
where payments Sushant
or applications are Shopping
tracked for better Arcade,
dissemination of Sushant Lok-1,
information and Gurgaon –
hosting of value- 122009
added services to (Haryana)
stakeholders, Cell No. : 0-
internal and 9268579831
external to the
organization. [Software is yet
to be deployed]

3. Scope of work of this tender is divided into following schedule:-

(1) Maintenance of existing software(s)
(a) Computerised Project Information System (CPIS),
(b) e-Project Financial Management System (e-PFMS)
(c) e-Pay software
(2) Refurbish existing NHAI website by re-designing and development and maintenance of
the existing and new website.
(3) Upgradation of off-the-shelf software licenses
(4) Development and maintenance of new e-Pay Software with ownership right of NHAI.
(5) Development, testing and maintenance of the Software as per NHAI requirement

NHAI reserves the right to award the work to a single bidder or among multiple bidders
separately. NHAI also reserves the right to either execute all of the above works or delete any of
the above works as per requirement of the NHAI.

Page 32 of 117
4. The detailed scope of work of above schedules is as under:-

1. Maintenance and Upgradation of existing software(s) i.e. Computerised Project Information

System (CPIS), e-Project Financial Management System (e-PFMS), e-Pay Software

The Bidder will provide on-site maintenance and upgradation for content updation, bug-fixing
activities, conduct training, preparation of additional reports and further enhancing the system and
its capability to produce reports. In case of any problems in the system due to system error, the
bidder will deploy additional and adequate resources for error correction. All modifications, etc.
shall be done without any additional charge to NHAI during the maintenance period. Inputs to be
provided by NHAI to the Successful Bidder are given under Appendix-I to Section IV. The detail
of existing software along with their numbers is given at Appendix-II to Section IV. The
Successful Bidder will be responsible for compliance of service level objectives as asked in the
tender under Appendix-III to Section IV. The Bidder has to quote lump-sum rate for
maintenance and upgradation of existing software. The Bidder will provide at least 2 support
persons each as one programmer and one DBA; with minimum qualification as mentioned at
Appendix-IV to Section IV at NHAI premises (Dwarka) for 6 days a week during maintenance
period. These resources will be deployed at NHAI office to attend first level calls, however, the
maintenance lump-sum cost will include backend support.

A) CPIS Applications
(i) NHAI maintains a database of all the projects to monitor/ review of physical and financial
progress with respect to targets, requirement, milestone and utilization of funds. There are more
than 200 contracts for civil works, which are under implementation, and where construction work
is under progress. In addition, a number of new projects have been targeted for award of contract
during the forthcoming years. NHAI monitors each of these contracts through its Project
Implementation Units (PIUs). Under the present system of monitoring, the information relating
to progress of the contracts is furnished either by the Head of PIU (called Project Directors) or
by the respective Supervision Consultants at the required frequency to the NHAI Head
Office. In respect of new contracts, the respective information is furnished by the concerned
divisional head in the NHAI HO.
(ii) A brief description of the existing servers and software specifications3 are as under:
(a) Web Application Server
This server contains the web application and NHAI web-site data. This Server runs on
Microsoft Windows 2003 Enterprise Edition.

3
The existing servers and software versions may be required to be upgraded to latest version from time
to time. The required hardware/ software for upgradation shall be provided by NHAI on the
recommendations of to the Service Provider, who shall carry out these up gradations as per request of
NHAI in writing.
Page 33 of 117
 (b) Database Servers
These servers are centralized database servers. MS-SQL SERVER 2000 Enterprise Edition
along with SQL SERVER Service Pack 3a has been installed on both the servers. Both the
servers are running in fail-over cluster mode. These Servers run on Microsoft Windows
2003 Enterprise.
(c) Domain Controller and Fire Wall Server
This Server runs on Microsoft Windows 2003 Enterprise and serves as Anti-Virus server.
(d) Software Specifications
The software for database and web-application includes Operating Systems, Database
Management Software. The servers and their respective software is as below :
Server Software
Database Server Windows 2003 Enterprise edition and anti virus
pre loaded
Microsoft SQL Server 2000 Enterprise Edition, SQL Server Service
Pack 3a, Microsoft Analysis Services, Reporting
Services
Web/Application Server Windows 2003 Enterprise and anti virus pre
loaded
Domain Controller and Windows 2003 Enterprise and anti virus pre
Firewall Server loaded

(iii) These Servers are presently located at various locations in NHAI offices/ premises or Internet
Data Centre (IDC) arranged by NHAI within the National Capital Region. However, NHAI shall
reserve its right to arrange Data Centre for locating the additional servers in future at any location
within the Country.
(iv) The work basically comprises of operating, maintaining and upgrading/ updating the
Computerized Project Information System (CPIS). These activities shall also include:
(a) To coordinate with various units of NHAI for data entry. To check that data entry is accurate
and authentic. If required the data entry needs to be done.
(b) To generate various periodic reports.
(c) Creation of additional forms, database tables, reports etc. To restructure database and
report formats as and when required. For enhancing the quality of reports Crystal Reports
or any other advanced software may be used.
(d) Other administration functions like creation of users and modify their authorization.
(e) Creation of MS project templates as and when required to monitor the project
progress.
(f) Modification and up-gradation of MS projects which is used to capture project
schedule and accordingly generate CPM/PERT Charts.

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 (g) To ensure Database backup & recovery, Database performance and tuning,
Database server space monitoring and Database server capacity planning.
(h) To maintain and up-gradate GIS application which is built on the standalone computer and
queries are being used to generate thematic map.
(i) To provide training to all the users. Training may be required for officers of different level at
different location using video conferencing, Teleconferencing and other methodology and
technique. Training Materials to be developed and prepared by the service provider.
(j) To incorporate old MIS data in the database and match the earlier reports available in hard
th
copy. By the end of August 2010, 128 MIS report shall be available; these MIS reports are
available in printed copies. Some of the old MIS data is in the form of MS word, MS Excel
file or MS Access File formats. These reports need to be developed and error free report
should be generated using existing / modified database. The format of the current MIS
and some of the old MIS may be varied. Therefore, matching of the format and correctness
of the data in the new format shall be a key requirement.
(k) To modify and up-grade the CPIS application software for ensuring that proper error
handling mechanism is in place and also the system is protected from vulnerabilities to any
hacking attempt.
(l) To ensure bug free operation of the CPIS application and removal of bugs, if any, as and
when required.
(m) Modification, upgradation and re-installation of CPIS application to meet the requirement of
software upgrades to latest version.
(n) Modification and upgradation of CPIS application to make provision for collection of data
through handheld mobile devices/Short message services (SMS).
(o) Restoration/ re-installation of software application for smooth functioning of the CPIS or
during failures.

(v) The Service Provider shall be solely responsible to ensure compliance of all obligations under the
Contract including labour laws, law governing minimum wages/ compensation, safety of its
manpower and statutory tax liability etc.

(vi) Source code / its documentation available with NHAI is mentioned above & will be provided
to the successful bidder only when he deploys the required team. The documents available
for existing application are as follows:
(i) System Requirement Specification (SRS)
(ii) Software Design Description
(iii) User Manuals
(iv) CPIS set-up installation manual
(v) Training materials for CPIS, etc.

Page 35 of 117
B) e-PFMS :- ePFMS helps NHAI maintain book of accounts, and keep track of its expenditure and
HO assets. The system is capable of Financial accounting, Bank Reconciliation, Fixed
Assets, Short Term Deposits, Maintenance of Tax Deducted at Source (TDS) records,
Inter unit reconciliation and consolidation of Accounts, Procurement monitoring system,
Maintenance of budgets, Reporting for externally aided projects. The existing e-PFMS is a web
based application built on Visual Basic / .Net and MS SQL server. This is a financial management
package built as a customized package by M/s Deloitte for NHAI. It is a customized package for
financial accounting and management and has been implemented at NHAI head office and PIUs.
The source code is not available with NHAI. Bidder is advised to go through e-PFMS software.
The contact person of e-PFMS software deployed by the firm can be contacted at 011-25074100/
25074200 [Extension no. 2156]. Bidder is also require to maintain and upgrade the e-PFMS
software.

C) ePayroll: ePayroll is used to generate the monthly payroll of all the employees at HO. It
emails the pay slips to the respective employees, generates PF, IT statements, generate
data sheet to be sent to the bank for auto-credit of employee salaries to their accounts.
It also takes care of accounting of remittances to the respective parent departments
(original department of employees). The data of PIU employees is captured through MS Excel
sheets which are then uploaded into the system. The system generates payroll related
custom reports based on query/ requirement. This is customized software developed and
supported by M/s Motherson Sumi Infotech (M/s MIND). It has browser based UI and is
JAVA based with MSSQL database users access over LAN (at HO). Users: Accounts
officers in HO for data entry and preparation of reports and other senior officers Data type
used:text (alphanumeric). Data volume: Managing the salary processing data of about 380
employees at HO. eTDS: eTDS is used to calculate and manage the TDS related calculations,
deductions and the maintenance of the tax figures for deposit of taxes into Government Treasury
as well as for report generations

2. Refurbish existing NHAI website by re-designing and development and maintenance of the
existing and new website.

2.1 The successful bidder shall be required to study the existing website, its features and the
availability of hardware/ software.
2.2 The work shall be carried out based on the System Requirement Study (SRS) report finalized in
consultation with NHAI. The Service Provider shall design, develop, and implement the website
update, working in conjunction with our staff and the organization’s web, database.
2.3 The Microsoft .NET Framework is a software framework that is the current system as well as
existing infrastructure of NHAI. Therefore, NHAI would like to leverage the existing IT
infrastructure and technology available with it to the maximum extent.

Page 36 of 117
2.4 The primary objective is to continue to build brand identity, awareness and interest in the
organization and the services it provides. To make this effective, our Website must be visually
pleasing, informative, and quick to load and operate. Look & Feel of the website including all
pages to be changed to International Standard and making the website level A of WCAG 2.0 as
per web content. Accessibility Guidelines of World Wide Web Consortium (W3C) or higher. The
website will be so designed as to allow for future up scaling to meet the growing demand of NHAI.
2.5 Website should be compatible to all browsers like Internet Explorer 6.0 and above, Netscape7,
Firefox, Opera, Safari, Chrome etc.
2.6 The website should be dynamic bilingual both in English and Hindi with similar homepage,
design, content and images with partially static and partially dynamic page structure and to
support Unicode format which enables convenient and proper upload of Hindi data. NHAI will
provide contents in English. The new Website should be developed with latest technologies and
should be free from all known vulnerabilities and Bugs. It should also have no significant display
problems on mobile browsers apart from its .mobi version.
2.7 The Website contains static and dynamic content, which should be manageable via CMS
(Content Management System) tool. A content management system is the collection of
procedures used to manage workflow in a collaborative environment. These procedures can be
manual or computer-based. All content management will be done on a web-based system.
Although content sometimes goes out of date on the web, it is not advisable to remove it
altogether; the preference is for archiving. However, occasionally content may need to be
removed and this should be allowed for. When an item is archived it retains its URL but is clearly
marked as archived.
2.8 Page Layout:
• All items would be appropriately aligned on the pages and layout would be consistent on all
the related pages. Limit the amount of white space (areas without text, graphics, etc.) on
pages that are used for scanning and searching.
• Style & colour scheme would be consistent across the site.
• Use a fluid layout that automatically adjusts the page size to monitor resolution settings
that are 1024x768 pixels or higher.
• All across the site, in maximum pages content detail is used through the attachment like
PDFs and DOC. So by using the CM tools, content would be made dynamic and easy to
show on site.
• Outlay of Research Programs & Projects
• A directory of events which will be update on a regular basis by designated staff.
• Designing of Web mailers for Staff’s and other users.
• NHAI is connected through Facebook, So the website’s all pages must be connected to
the Facebook and Video on You Tube.
2.9 Navigation:

Page 37 of 117
 • A Web site’s navigation scheme and features would allow users to find and access
information effectively and efficiently.
• Navigation tabs would be located at the top of the page, and look like clickable versions
of real-world tabs.
• Site maps would be available with all the links of pages exists on the website and link for
the site map would be clearly visible on the homepage.
• The navigation elements would be clearly differentiated from each another and would be
placed in a consistent way so that it can be easily located on each page.
2.10 Scrolling & Paging:
• The horizontal scroll bar would be strictly eliminated during the page design. Appropriate
page layout would be designed to eliminate the need for users to scroll vertically on part
of the page.
2.11 Where necessary, databases will be created and maintained. For example: (not limited to)
databases for Search keywords, Registered users, e-mail databases, Vigilance complaints etc.
The scope of AMC Work is required in terms of maintenance, and updating the website. It should
support for all platforms (Operating Systems).
2.12 The website should show 3-D/ 2-D animation or short clips of the Highways making process etc
for enriching the site. Maintenance and updating the website, on regular basis, shall include any
further redesign and addition of pages (graphical, text and Flash), digitization and internet coding
of video clippings and uploading the same, uploading of photo gallery, addition of new features
and any other additional work of minor nature required to be done during the whole contract
period. Website should be flexible enough to accommodate any of these changes immediately.
The site will support the easy incorporation of multimedia elements, such as photographs, videos,
and audio of our supported programs. The site will have following new features:
• Video streaming: The website should display a frame for a video which can either be sourced
elsewhere (e.g. YouTube) or uploaded and served from NHAI’s own server, at the
developer’s discretion
• 2D/3D clips
• Live web cast of Authority’s events/ video chat with its registered users i.e. as happens in
Skype etc.
• Optimisation of search functionality on website and portal
• Automated feedback system
• Online chats with the registered users.
• Presentation: Either a link to a PPT file or a series of images that can be viewed using
forward and next buttons.
2.13 No advertisement, notice, banner, logo, information of any company other than NHAI shall appear
on NHAI’s website, except when specifically indicated by NHAI.
2.14 There should have a provision for separate login for administrator to view online members,
number of hits in day/ month, search engines, keywords by engine, repeat and unique visitors,

Page 38 of 117
 navigation paths, visitor’s countries, online applications submitted, Encryption of passwords etc.
The bidder will provide reports, vital statistics and analysis on the website on weekly basis as per
NHAI‘s requirement. The bidder will generate monthly login reports of the site consisting of the
following information:
• Total No. of hits, keywords by engine
• Simultaneous page hits at any time
• Page-wise breakup of hits
• Pages visited maximum time
• Pages visited minimum time
• Reports in Bar/ graph/ Chart format where required
• Repeat and unique visitors
• NHAI time/ Uptime Report of Website
• Page Last Updated Status for all the pages of website
• Copy of PRTG/ MRTG report depicting the bandwidth consumed by server on daily basis
which has to be submitted to NHAI once in a fortnight.
• Visitor’s countries

2.15 What’s New? One of the site elements should be a “What’s New” area. This is provided for
visitors who want to see all updates to the area of the website that they are looking at. It will list
documents that have been edited as well as added in reverse chronological order.
2.16 The Proposed solution is likely to be on the proven framework of .Net, with the help of which
admin can set up Web sites to share information with others, manage the content from start to
end, and publish reports to help everyone to make better understanding.
2.17 Front end: Create a remarkable, secure, bug-free, user friendly, well design and easy to navigate
Website offering several interactive features to the visitors. The colour, design and layout of the
Website should reflect the status of NHAI as a reputed organization for developing International
standard roads with facilities for uninterrupted flow of traffic.
• Preferred Color combination: To be decided in consultation with NHAI
• Preferred layouts: http://www.un.org, http://www. india.gov. in
• Preferred side menu: To be decided in consultation with NHAI
• Preferred main menu: To be decided in consultation with NHAI Web portal for reference:
http://www.nhai.org
2.18 Design an innovative homepage with latest flash images along with scrolling slogans and interior
pages to the satisfaction of NHAI. The design should be spick and span.
2.19 Back end: Create a robust and intuitive customized “Content Management System” based on
NHAI’s requirements. The CMS should allow NHAI to manage and update the Website (e.g.
create/ modify new pages, menus, sub-menus, add/ delete images, change content etc.) easily
through sub-administrators who are not expected to have any special technical knowledge and
specific software.

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2.20 The Website should be database-driven/ modular so that it can handle all the existing information
and be able to handle forthcoming dynamic information and documents that would be uploaded
on regular basis.
2.21 The bidder would be responsible for regular back-up of the entire Website and Intranet. The same
should be successfully restored when needed. Please ensure that your recommendation includes
this facility. An uptime of 99.6% to be assured
2.22 Search Engine Optimisation: Please ensure that when content is displayed, it is as search engine
friendly as possible and search-engine-friendly design to help the site stay in favour with the
search engines. Use of Highways related unique keywords to optimize search result and increase
the ranking with search engines. Necessary text based key word search be made available to
users to search for relevant content on the Intranet. The service provider will provide basic
support with Google Analytics on as needed basis. NHAI Website needs to have its own keyword
search to facilitate visitors which should be able to do a comprehensive search on Website for
any content. As a minimum NHAI would like to see employed:
• Sitemap for visitors listing all content in a structured way;
• Sitemap in XML format or similar for submissions to search engines;
• An option for the visitor to extract the HTML needed to link to this page with appropriate
keyword links.
• The developer must ensure that the above protocols hold for both HTML page content and
for documents that are accessed through the web.

2.23 NHAI’s loadable/ interactive forms/ documents/tenders/ brochures etc. will be available from the
site in the form of .xls, .doc, .pdf format etc (with adequate security features/ file protection) and
few of them possibly with print option only. No one will be authorised to modify, add, delete, the
existing data or info on the site.
2.24 NHAI wishes to create a knowledge Hub for its employees in which employees/ registered users
with restricted rights. i.e. Some authorized users from different PIUs, Division can upload their
data in NHAI’s website including tenders, corrigendum etc
2.25 It is proposed that NHAI should have a site like Blog, The blog element will display content added
by the authorised user of that page’s blog (set up when the page was created). The registered
user can also create new threads/ topics and post relevant information on the same. Each
registered users can comment on these topics. It is expected that most content will be text but
content can also be documents, podcasts, presentations, videos, images etc depending upon the
elements that are possible on that page The Knowledge Hub should be auditable by the
Administrator to ensure proper usage of the same.
2.26 Login and Logout: Everything should be done to ensure that the login and logout procedure is as
simple and as automated as possible. In addition, by use of sessions and cookies the user should
stay logged in until they manually log out. For users that forget their login details, an automated

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 forgotten password retrieval procedure should be provided. Also, remember me facility should
store the information on the visitor’s computer.
2.27 NHAI is in the process of implementing an ERP at their end. Bidder has to ensure that the
necessary integration of the Website and Intranet with the ERP be done as and when required.
2.28 NHAI may intend in future to provide more facilities of on-line information to its users.
Accordingly, Website should be able to cater to such requirements in an interactive manner.
2.29 Although NHAI have done well in embracing social network site use, the existing NHAI website
does little or nothing to automate and facilitate its easy integration. The new website will fully
embrace social media methodology.
2.30 Site Feedback: One of the measures that the website is meeting, the need of its visitors is to
invite and encourage feedback. For each page of content, a question asking whether the visitor
found the content useful and, if not, why not would be required. The feedback from this would be
aggregated and available as a metrics report to suitable authorized website users.
2.31 The bidder shall ensure that NHAI’s website is fully secure by necessary fire-walls, antivirus, etc.,
for protection against intrusion, hacking, defacing, virus, spam, etc. It should meet all the
guidelines issued by the CERT-in should be strictly followed. Throughout the proposal, the bidder
may indicate where third party plug-ins with license or free version may be necessary or
beneficial. Custom programming of web parts or by plug-ins should be such that it will not be a
hurdle for compatibility with future version to the highest extent possible.
2.32 Improvise existing NHAI Website without changing Information content and develop equivalent
web-pages in Hindi. Home page design with descent Highways related flash banner. The pages
may be required to be updated/ re-organized for better dissemination of information. Duplicate
pages, if any, needs to be removed and new pages for additional information such as site map,
privacy policy, disclaimer etc., may be required to be added. The prospective bidders are advised
to visit the existing web site of NHAI (http://www.nhai.org)
2.33 MOBI Site Development
The total number of mobile users in the country is expected to be more than 660 million by now
and the message is loud and clear: NHAI NEEDS A MOBILE WEBSITE to sustain in its
endeavour and grow. Therefore NHAI intends to have a mobi domain website briefly as:
• The pages should fit into the tiny mobile screens and yet produce great visual clarity
• Cell phones usually do not have options of navigation like a PC. The navigation of the mobile
website therefore needs to be planned in a way that the user can browse through the site
even with the limited navigation options of the mobile phones.
• Development of web pages conducive to mobile hand sets using URL: www.nhai.mobi
• As a standard, the development of mobi web site should follow at least the mandatory rules
set up by MTLD (called Mobile Top-Level (or mTLD) Domain Ltd.) which has issued a guide
called the DotMobi Switch On! Web Browsing Guide, which contains a combination of
mandatory rules and optional best practices for creating a .mobi website.

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 • While designing the mobile websites, bidders are also expected to follow the industry’s best
practices set by the World Wide Web Consortium (W3C) and .Mobi
• In future it is expected that most Internet access will be from mobile phones and handheld
devices (having EDGE, GPRS, 3G etc.). However, there may be a small percentage of
mobile phone owner who access to the Internet but it is targeted for those who remains in
travelling, don’t have access to internet connection in remote area etc.

2.34 Intranet
o The bidder has also to develop and implement an Intranet site for NHAI users. NHAI Website
needs to have its own keyword search to facilitate visitors, which should be able to do a
comprehensive search on NHAI Website for any content. The Intranet site should enable
users disseminate/ share the information among employees, access NHAI’s application from
anywhere anytime. The Intranet site should host policy circulars, office order etc. The Intranet
site should be able to host documents and should be secure and accessible through secure
login user ID and password by the employees. Wherever communications have to be
Access-controlled, adequate security and precautions will be built into the system with ID/
Password etc. Presently, some applications such as Library, e-pay/ my space, FTS and e-
mailing system is accessible to all users connected with LAN/ WAN. New features/ sections
will be introduced in near future so the system should be flexible to enhance these sections.
The final design will be arrived at through mutual discussion between the bidder and NHAI.
o Only authorized users should be able to login and access the designated section/ subsection
of the portal based on their profile. All the users will access the applications only after user
authentication and authorization

2.35 Other Technical Requirements

• E-mailing System :- There is an e-mailing system for NHAI officials. The website provides a
link to access the e-mailing system so that NHAI officials can see his email,compose, send
and do all the activities, just like any standard emailing system using the link from NHAI web
portal.
• Computerized Project Information System (CPIS) :- There is a link to access CPIS
application. The application provides access to guest as well as authorized users. The
authorized users can access the application for entering online information in respect of
various projects as well as can view different reports. The guests are only permitted to view
different reports.
• Road Information System (RIS) :- There is a link to access RIS. The application provides
details about road conditions for information to general public.

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 • Register your complaint :- There is a link to register complaint for road condition, road
safety etc. The user can fill in his details as well as his on-line complaint for redressed by the
concerned authorities.
• E-Tender :- There is a link to access e-tender web portal developed and maintained by M/s
ITI Ltd. Now being used by the NHAI

• Portal Administrator :- Administrator should be provided a CMS (contentment management

system) so that he can make changes (textual changes) in all static/ dynamic pages.
Database should be available online for administrator/ authorized user. Selected users of
NHAI should be able to upload their documents in the selected categories. As defined earlier.
• Implementation of Security features :- The website should have security features for
access to authorized users on certain restricted web pages. General users may not be able
to access such web pages without proper login id and password.

• Other new features to be added :- The web site may be required to add new features as
and when required. The website should have provisions for the same.

• RTI:- Right to Information Act 2005 mandates timely response to citizen requests for
government information. It is an initiative taken by Department of Personnel and Training,
Ministry of Personnel, Public Grievances and Pensions to provide a– RTI Portal Gateway to
the citizens for quick search of information on the details of first Appellate Authorities, PIOs
etc. amongst others, besides access to RTI related information / disclosures published on the
web by various Public Authorities under the government of India as well as the State
Governments
• Many more links are expected there as we are in tune with tomorrow !

2.36 Implementation of Recommendations Contained In Security

Audit Report: - The recommendations of IT Security Auditor on the existing web-site may be
required to be implemented so as to plug the loopholes and mitigate the risk/ vulnerabilities for
unauthorized intrusion and defacement of website. In addition, the web site developed by the
successful bidder shall be got security audited and “Certified for Security” before launch as well
as after specified period.
2.37 The bidder should provide proof of ownership (licenses) of the various softwares used by them for
the development as well as for the hosting of NHAI site if he doesn’t wish to supply. However,
NHAI would like to leverage the existing IT infrastructure and technology available with it to the
maximum extent.
2.38 There is no problem with using third party software within your development, whether for “plug-
ins” or coding framework. However, please provide an exhaustive list of third party software that
you intend to use in your development and ensure that each meets the following criteria:

• It does not commit NHAI to an ongoing cost for use of the software;

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 • It is not “proprietary” in that modifications (either to the input or output of the code) can
not be made.
2.39 Mandatory Support Functions:
As the development/ re-design and further development of the web site has to be done at bidder’s
end therefore bidder should have requisite professional to carry out the task. Therefore bidder is
supposed to have:
a. Personnel to collect documents/ information from the NHAI office as and when required
b. The bidder must be equipped with all basic communication and coordination facilities like
scan/fax/typing/telephone/ facilities
c. All allied facilities (that may not be necessarily be spelt in the scope of job) to ensure
smooth flow of information and operations.
d. Monthly review meetings at NHAI’ office on a date communicated by the NHAI
e. The holiday list (non working days) of the bidder will necessarily has to be in tandem with
the NHAI to ensure seamless working
f. The work is 24X7 and the bidders’ team servicing NHAI account has to be available for
full work day from Monday Saturday and accessible on Sundays and holidays for any
coordination.
g. Necessary documentation on the site functionalities has to be provided as and when
required
h. Bidder is expected to name a member of your team that will act as your project manager.
This may or may not be an actual developer but should be someone that understands the
basis of project management, has authority to affectively deal with problems that arise
and has a firm understanding of the technical aspects that are ongoing with the website
project.
i. The bidder will assign a single point of responsibility to their representative to coordinate
with the various units/ locations of NHAI for the relevant content and other material for
hosting on the website and also to coordinate with the officer (s) of NHAI nominated for
the coordination job.
j. The bidder will ensure that the personnel assigned for the project possess the requisite
technical skills in the relevant areas as referred in several places in this document and as
per the requirement of the scope of the job. The personnel should be on the rolls of the
bidder.
k. A dedicated team of Programmer and Graphic designers, and Content Writer/ Editor
should be available from back end side of the bidder.
l. In case of absence of the personnel deployed at NHAI’s end for any reason whatsoever
has to be filled in/ supported by any temporary member immediately.
2.40 The complete documentation containing the design & functionality of the total website including
the backup of content shall be delivered within 4 weeks from the date of making the site fully

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 operational. This backup should be available on high quality high speed CD/DVD media on
regular interval of time.
2.41 Site Evaluation - Use Google Analytics to determine what pages aren’t performing and what can
we do to increase performance and page traffic.
2.42 Keyword research should be based on NHAI’s Business Strength, Location, Work Done, Future
plan, News, Media etc. Keyword research based on location, business strengths and offerings.
2.43 On-Page Optimization 15 pages including Page titles, Meta descriptions, and H1 tags.
2.44 Automated monthly ranking reports to show progress against baseline formed at the beginning of
the SEO Plan. SEO scope of work includes visibility on major search engines (ex. Google,
Yahoo, MSN) to improve traffic on NHAI’s Website.
2.45 To ensure for having sustainable long term search ranking and social marketing optimization.
2.46 Website has either a “search” box or a link a “search” page from every page of the website.
2.47 Guidelines for Indian Government Websites (GIGW) has to be complied by the Bidder
2.48 Website should comply to features Govt. website i.e. India.gov.in

3. Development of e-Pay Software.

3.1 The successful bidder shall be required to study the existing e-Pay software, its features and the
availability of hardware/ software.
3.2 The work shall be carried out based on the System Requirement Study (SRS) report finalized in
consultation with NHAI. The Service Provider shall design, develop, and implement the website
update, working in conjunction with our staff and the organization’s web, database.
3.3 The source code of e-Pay software is not available with NHAI. The technology used and size of
the database is mentioned above.
3.4 The software should have minimum of following functionalities :-

(i) Payroll Management

• To create user defined components of Pay like recurring and Adhoc Allowances /
deductions.
• To allow complex formulas for computing the values of Earnings and Deductions.
• To support detailed payroll calculations using conditional logic and references to any
HRMS, Payroll or other module related information.
• To allow one salary element be used to calculate the value of another.
• To compute the fixed & variable pay elements & formula based pay elements like (DA as
% of Basic).
• To allow the calculation of pay based on Compensation Rules like Years of Service,
Location, Others (user Defined).
• To maintain/configure elements like LTA and Medical.
• To allow payment of employees at more than one rate.
• To allow pay types based on user defined cycles of pay.

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 • To allow the user to override the standard rate of pay for individual employees. To allow
restriction of administrative functions to a few select payroll users.
• To allow the display of only selected menu options/ forms based on the role of the user.
• To allow the restriction of data access as view only, Update and Correct.
• To have a data upload facility to upload history data.
• To allow the maintenance of slab wise details for statutory elements like Income Tax,
Professional Tax as well as user defined elements.
• To provide the facility to indicate taxable earnings, deduction priority, carryover and
partial recovery.
• To support full integration with HR module.
• To generate online calculations for one-time payment.
• To allow payroll users viewing of pay related information including employer costs and
liabilities via reports and queries.

(ii) Payroll Processing

• To allow the calculation of pay elements like Basic/ Leave Encashment/ Retirement /
Resignation / Special Pay/ Allowance/ Personal Pay/ Dearness Allowance / House Rent
Allowance / Children’s Education Allowance / Washing Allowance / Transport Allowance /
Others (user defined).
• To perform advance payments like Fixed Value amounts and Formula-based Amounts.
To allow GoI deductions like GPF, Festival Advance, Natural Calamity Advance, Cycle/
Scooter Advance, Fan Advance, Others(user defined).
• To allow for loans & Long term advance payments. Does the system allow the cap of
deductions at user defined fixed values or as a percentage of some pays elements.
• To allow calculation of one time payment of allowance and / or deduction by days.
• To process payroll monthly & on demand (i.e., termination, end of deputation period).
• To calculate recurring payments and / or deductions using the same criteria as one time
payment / deduction.
• To allow input of start and end date for recurring payment / deduction.
• To support adhoc basis payment recalculation during the payroll run while preserving the
run’s other results.
• To allow to monitor regular payroll cycle from data entry to fully reconciled results.
• To view complete history of payroll results.
• To mark erroneous calculations for retry, while keeping reconciled calculations intact. To
automatically detect the changes made in the past impacting payroll and run retropay for
those employees.
• To support the valuation of inventory as per AS-2 (Sec 145 A of the IT Act).

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(iii) Online Payroll Calculation
• To have a tool to online calculate individual’s payment.
• To allow user to view the results immediately.
• To allow manual payments on as need basis.
• To deal with exceptions online.
• To update balances immediately upon calculation.

(iv) Payment Methods

• To support payment types like cheque / Direct deposit.
• To integrate fully with cash management for cheque reconciliation purpose.
• To enable different payment distributions based on different basis (i.e. separate bank
account for bonus).

(v) Tax/ Deduction Calculation

• To maintain complete taxation rules defined as part of the pay structures configuration.
• To maintain information pertaining to investments made by the employee, to avail of tax
rebate based on statutory legislation.
• To support configuring of various tax rules (e.g. Income tax, Professional taxes)
specifying, but not limited to Basis and method of calculation / Default percentage rates
/ General accounts to which tax effects may be posted / Applicable State.
• To support automatic calculation and deduction of specific type of tax at the time of
Advance payment / Interim payment / Final payment.
• To support generation of reports / certificates (user defined format with reference
number).To support calculation and deduction of specific type of Income tax, Professional
tax etc., at the time of payment.
• To ensure support for major statutory reports.
• To calculate tax based on employee perquisites given.
• To record employees perquisites and other information relevant in computing their tax
liability as tax components.
• To define tax rules to determine employees tax liability as per changes by the Central
Govt.. To complete calculation and deduction of tax automatically.
• To project the tax liability of an employee for a tax calendar, providing tax planners to
employee.
• To manually adjust taxable earnings (in case of income from other sources, investments).
• To handle Exemptions and Rebates as per the Income Tax Rules.
• To calculate HRA Rebate.
• To handle LTA & Medical exemptions as per I.T. Rules.
• To support Sec 89 for Arrears Calculation.

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 • To generates automatically employer / employee returns in pdf format.
• To support Quarterly Returns (electronic) and Sec 24Q.
• To provide for online ad-hoc calculation of employees pay slip amount.
• To perform on-line calculation of pay and benefits for Deputation employee based upon
deputation date.
• To process out-of-sequence checks (pay slip) e.g. in the cases of transfers in middle of
month.
• To evaluate different scenarios for change in pay-roll structures.
• To run payroll run multiple times before finalization to ensure accurate pay computation.
• To define unlimited deductions and earnings types.
• To keep a full history of employee payments and rules.
• To determine which balances are affected.
• To allow user defined element categories and associated taxation.
• To allow mass changes be made to deduction amounts.
• To reverse deduction to be included in next salary if incorrectly withheld.
• To determine deduction amounts by earnings.
• To prioritized deductions prioritized by using deduction code / separate priority number.
• To be prompted by system when employee status changes to leave to determine how
deductions will be paid while on leave take when return lump sum.
• To apply or stop various deductions based on employee status changes.

(vi) Statutory Information & Reports

• To allow to capture the following employee information PAN No / Residential Status / PF
Number / Superannuation Number / Gratuity Number / Group Insurance Number /
Pension Fund Number / Pin Code number / other user defined. To capture different
Employee Categories.
• To capture following NHAI information like Tax, PF, Professional Tax details. To capture
Previous Employment Information like Designation, Annual Salary, PF Number, No of
LTC availed in the previous block, No of LTC availed in the current block, Leave
Encashment amount, Gratuity Amount, VRS Amount, Gross Earnings for the current
tax year, PF deduction for the current tax year, Professional tax paid in the current tax
year, TDS deducted for current tax year, Other user defined.
• To capture Nomination Information like Nominee Details, Percentage, Relationship,
Others (user defined).To handle Gratuity Calculations.
• To handle Provident fund rules like calculate and deduct contributions according to the
respective Statutory Acts & maintain individual GPF accounts and generate individual
account slip for every financial year.

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 • To use employee master data of HRMS for Name of employee, PF Account No., Name
of Father , Date of birth, Basic Pay, Designation, Date of Joining service, Nomination
details, Name & address of nominee, Relationship with nominee, Age of Nominee,
Other user defined fields.
• To have the mandatory forms and reports like IT declaration form, Earnings/other
income outside salary, PF Form 3A, PF Form 6A, Payroll Register, Leave Register,
Form 16, Form 24, Form 12B.To have an online Investment Declaration form.
• To have an online salary slip.
• To generate user defined reports.

(vii) Income Tax computation

• To calculate tax based on earnings and exemption for allowances.
• To calculate Education cess, Section 88D.
• To calculate Surcharge, Marginal Relief.

(viii) Provident Fund Computation

• To calculate Employee PF contribution, Voluntary Provident Fund Contribution, Employer
PF contribution.
• To calculate Employer Pension contribution.
• To calculate Inspection, Administration charges.
• To integrate with Income Tax.

(ix) Gratuity Compensation

• To calculate Gratuity as per PGA 1972.
• To adjust Gratuity Forfeiture.
• To integrate with Income tax.

(x) Pay slip

• To generate salary slip details by pay elements.
• To provide details of earnings, Deductions, Perquisites, Income Tax Summary, Leave
Details. To generate special message printing on salary slips.
• To have Online Self Service salary slip.

(xi) Payroll Off Cycle Processing

• To automatically update Payroll database for changes in employee record without
interfering with payroll processing.
• To automatically update payroll database when Finance Department makes pay rate
changes. To make Back dated calculations.

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 • To reflect payroll adjustments in correct pay period.
• To have a full and Final settlement process in place.
• To capture termination settlement details like Notice Period Pay, Adjust Notice Period
with leave, Leave Encashment Information, Retrenchment Compensation, Voluntary
Retirement, Commuted Pension, PF Settlement Details, Loan Recovery, Final
Settlement Report.
• To provide a final settlement report for each employee.
• To have provision to suspend Payroll runs or control final settlement processing on a
case to case basis.

(xii) Payment Processing

• To provide the capability to handle unlimited pay account codes and drawing banks.
• To display absence status information on earnings statement.
• To process Arrear and backdated Payment calculations.
• To recover advances in subsequent pay periods with a single transaction.
• To provide for direct deposit of employee.
• To support multiple banks or savings institutions per employee.
• To provide electronic transmission of direct deposit.
• To maintain data in single central employee warehouse.
• To allow to centralize data and distribute it across many locations.
• To allow access across LAN or WAN.
• To ensure appropriate access to employee information.
• To allow to define menu structures and customize forms to determine the functional
responsibility of each user.
• To assign multiple access responsibilities according to the tasks users perform.
• To keep a complete audit log of all changes.
• To view standard reports and inquiries and analyze the payroll data in spreadsheet,
HTML or text format.
• To allow users make their own reports and answer adhoc queries.

(xiii) Compensation Management

• To support various salary structures that may vary based on geographical regions or
employee group.
• To support self service interface to enter salary increases and promotions.
• To define compensation elements.
• To define eligibility of compensation elements to jobs, positions etc. of NHAI .
• To assign compensation elements to employees automatically and manually.
• To define security for view and entry of compensation data.

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 • To define approval for salary changes.
• To define Compensation management functions such as compensation process,
compensation budget, compensation administration, job evaluation.
• To define Compensation component such as job pricing (fitment into a specific pay
scale), Budgeting ( for pay allowances & miscellaneous expenses).

(xiv) TDS Requirements for Payroll Processing

• To capture tax , registration details for suppliers & customers.
• To calculate TDS for payment to contractors / subcontractors, rent, professional fees, etc.
• To support transactions like TDS on prepayment, invoices, work contract tax on pre
payment, other TDS taxes.
• To record multiple level of TDS rates.
• To define tax year for TDS.
• To allow accumulations for Tax deduction at source.
• To support multiple tax line items in one invoice. To support calculation alternatives like
gross, net , etc..
• To handle TDS adjustments on clearing of down payments & provisions. To record TDS
payment due dates by PIUs.
• To integrate Challan update & account clearing.
• To generate & print TDS certificate.
• To calculate provisional Tax TDS surcharge, on services.
• To record TDS certificate from contractors.
• To record various annual returns like section 139 , etc..
• To generate monthly & annual TDS reports.
• To facilitate TDS deductions by customers.
• To maintain certificates for concessional rates of TDS.
• To support tax deduction at source on Prepayments.
• To record adjustments of proportionate TDS on prepayments while applying prepayment
supported.
• To cancel previous TDS invoice automatically on cancellation of original invoice , if the
original TDS advice was not paid to IT authorities.
• To generate PIU/CMU wise consolidated TDS certificate. To control multiple copies of
printed TDS certificate.
• To generate credit memo for TDS certificate received from the customer.
• To generate alerts for users in case of due date of deposit of TDS based on user defined
rules.
• To generate statement of due date, date of actual deposit, details of penalty/ interest for
late payment of TDS.

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 • To track TDS receivables (integrated with Accounts).
• To handle query system.
• To support parallel books for maintaining fixed asset and computation of depreciation as
required by tax laws.
• To record details of payment of loans made by cash, cheque and drafts.
• To support legal requirements such as VAT, Education Cess, works contract tax, service
Tax and all other taxes and duties as per the governing regulations.
• To maintain various components of each tax types clearly identified by user defined tax
codes. Flexibility to change the tax rates for various states.
• To record Quarterly return as per section 194C, 194J, 194H, 194I, 192,195,193.

4. Upgradation of off-the-shelf software licenses

1) The Bidder needs to upgrade the various versions of Microsoft licenses. The list of existing
version of Microsoft which needs to be upgraded to the latest version or as per the list as
specified below :-
Minimum requirement for
Existing Software
upgradation of software
S.
No. No. of No. of
Version Version
Licenses Licenses
(i) Windows Server 2003 1 Windows Server 2008 25
Enterprise Edition – Server R2 Enterprise Edition –
License Server License
(ii) Windows Server 2003 186 Windows Server 2008 25
Standard Edition – Server R2 Standard Edition –
License Server License
(iii) Windows Server 2003 Client 580 Windows Server 2008 2000
Access Licenses Client Access Licenses
(iv) Microsoft SQL Server 2000 16 Microsoft SQL Server 16
Enterprise Edition – Server 2008 R2 Enterprise
License Edition – Server License
(v) Microsoft SQL Server 2000 53 Microsoft SQL Server 10
Standard Edition – Server 2008 R2 Standard
License Edition – Server License
(vi) Microsoft SQL Server 2000 268 Microsoft SQL Server 100
Client Access Licenses 2008 R2 Client Access
Licenses
(vii) ISA Server 2000 1 Forefront TMG Standard 2
(CPU)

2) The above software is in production and the Bidder shall carry out the version upgradation of the
Operating System, Database, etc. in the already running customized applications viz. CPIS, e-
PFMS, e-Pay, etc. Hence, the Bidder shall have to carry out all the installation, re-installation of
operating software, database, etc. and configure/ upgrade the same in the already running
customized applications. The Bidder may make necessary arrangements of updation or up
gradation of the application software or incidentals required for carry out the version upgradation
of the supplied softwares. All compatibility issues arising out during the migration to the newer

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 version shall be resolved by the Bidder at no additional cost to NHAI. The availability of the
source code with NHAI of the existing customized applications is mentioned above.

3) In addition to the above, the following software shall be required

No. of
S. No. Version
Licenses
(i) SharePoint Internet Sites Enterprises 2010 2
- Web/App Server Tier - NLB
(ii) SharePoint Standard CAL 50
(iii) SharePoint Enterprise CAL 10
(iv) SQL Server 2008 R2 Ent (# of Proc's) 4
(Active / Passive)
- Transaction OLTP Database Server
- Database for Portal Server
- Reporting Services
(v) Windows External Connector 2
(vii) Windows Server 2008 R2 Ent 4
(viii) Microsoft Visual Studio 2010 1
(ix) Microsoft Office 2010 or the latest available OLP Level C 250

4) The Bidder shall migrate all the existing applications which are running on aforesaid softwares to
the newer version of the softwares as supplied by the bidder.
5) The migration activity will mainly consist of Windows Operating System Server, SQL Database,
Active Directory Servers, Microsoft Exchange Mailbox Servers, Microsoft Exchange Client Access
Servers, ISA Proxy Server, Storage Hardware, SAN Switches, and Tape Library Hardware with
associated software.
6) The Bidder has to carry out activities viz. re-configure the Operating Software to the latest
software supplied by the Bidder, Design of the Active Directory Services and File, Print, Mail and
Internet Services for various offices of NHAI, Installation and Migrations, Domain Controller,
Additional Domain Controller, Active directory Schema Health, FSMO & Global Catalog
Configuration & Synchronization parameters, Active Directory Site and services design,
Functional level features and requirements and considerations for operations master roles, Client,
server, and application interoperability, Virtualized domain controllers on Hyper-V, VMWARE,
Configuring the Windows Time service for Windows Server 2008 R2, Implementing Security
Services through Group Policy & Access Control Lists, Deploying Terminal Services on Servers
for remote operations, Updating the Active Directory schema, Updating security descriptors,
Modifying access control lists (ACLs) on Active Directory objects and on files in the SYSVOL
shared folder, Assigning a Logon Script to a User Profile, Group Policy Deployment, NHAI’s
Existing Security Model, Developing a Backup, Restore & Operations Management Policy.
7) Software version of the equipment being supplied must be latest & must be indicated. The
software shall be delivered, installed and commissioned along with the related documents is the
responsibility of the Bidder. The Successful Bidder shall submit all the Software Kits (CDs),
License Papers, Warranty Papers and any other relevant documentation related to the supplied
products to the Purchaser along with the supplied products/equipment.
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8) All the latest Software Updates/Upgrades and/or Patches shall be installed along with associated
hardware and memory upgrade necessary for running the software, for the entire period of
Warranty by the Bidder at no extra cost to the NHAI. Acceptance Testing of the system, shall be
got done by the Bidder through the authority designated by NHAI for all functions of all systems
after the implementation of Software Updates, Upgrades and Patches in each system. All
software quoted as part of the solution shall be licensed for unlimited period.
9) Software:- All the licenses must be must be procured in the name of “National Highways
Authority of India”.

5. Development, testing and maintenance of the Software as per NHAI requirement

(i) NHAI is having a software development / upgradation/ maintenance requirement on need basis
from time to time. These requirements are to be met on priority/ immediate basis.

(ii) Thus, NHAI intends to invite the man-month rates for the resources viz. System Analyst,
Database Administrator, Software Developer, Software Designer, Web Developer and Data Entry
Operator from the Service Provider for carrying out software development work. The minimum
qualification of the personnel is at Appendix-I to Section IV. These man-month rates shall be
used for future software requirement of NHAI.

(iii) The Service Provider shall be responsible for development/ upgradation/ maintenance of such
future software requirement of NHAI which can be got developed using the quoted man-month
rates.

(iv) The second component to arrive at the total cost of the software development is man-month
effort. The man-month effort will be arrived mutually by NHAI and Service Provider based on the
requirement of NHAI as well as System Requirement Study (SRS) activity carried out by the
Service Provider. NHAI Committee will review the SRS document and will finalise the man-month
effort required for the software development work. The proforma in which requirement will be
given by NHAI are at Appendix-II to Section IV. The SRS activity shall be carried out by the
Service Provider without any cost to NHAI. The SRS shall cover :-
(a) System study to gather the exact software requirement and submit the System
Requirement Study (SRS) document.
(b) Capture the relevant information and gather all the formats for input forms and report
outputs from NHAI required for the proposed software.
(c) Design and development of portal for better dissemination of information and hosting
of value-added services for its users. Develop an attractive and user-friendly
proposed application
(d) Portal / application should integrate and interface with existing NHAI applications and
future database and NHAI applications.

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(v) For consideration of financial proposal, the bidder shall have to quote for all the above Resource
Categories. For any of the resource categories, bids quoting zero or incredibly low rates
compared to the industry prevalent rates will be rejected.

(vi) Payment for the services of the key personnel shall be based on actual number of man month
deployed by the Service Provider.

(vii) Outstation travel shall be required to be undertaken as per request of the Authority. The claim for
outstation travel, if any, will be paid at actuals subject to a ceiling of 15% of particular Resource
Cost (on actuals) and will be indicated separately in the invoices of the Consultant together with
appropriate supporting documents.

(viii) The reimbursement of all fees and expenses shall be limited to the amounts indicated above and
no escalation on any account will be payable on the above amounts. Any other charges not
shown here are considered included in the man month rate.

(ix) For computation purposes, the approximate weightage of the resources is being taken for any
customized software application development as shown indicated in format of commercial
proposal.

(x) Other General Requirements

(a) Technically the solution must demonstrate features like Architected integration,
Scalability, Reliability, Openness, Internet based architecture, Open Standard, Integrated
workflow, Security, Delivery capability, Support of electronic signature/ approvals.
(b) Documentation: Online help document against each option.
(c) Compliance - NHAI will build and deploy business processes and systems that adhere to
the government guidelines and legislation (security, privacy, archive, financial safety);
(d) Open and Industry Standards – NHAI’s preference is to build systems utilizing either
open or industry standards that enable integration within our environment;
(e) Leverage the current application investments as much as possible.
(f) To generate reports as per user defined formats
(g) The software once successfully installed at NHAI by the successful bidder will become
the property of NHAI. The software should be with unlimited user licenses.
(h) The software should be bilingual enabled. All forms/reports are required to be processed
in Hindi and English languages. The proposed software should therefore be capable of
accepting / modifying / displaying information in both English and Hindi.
(i) Uptime of transactions to be available 24*7.

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(xi) Security and User Licenses
(a) Security :-
• The software should have a robust security system. The login and authentication
processes should be secured through password encryption. Audit Trails and reports must
be provided to track all changes made to the information in the software. Certain
restricted information should be accessible only by the NHAI Admin. The individual
supplier should be able to view only those parts of the reports to which they have been
granted permission.
• Access to the application would be through a secured URL. The application would have
role based login-id / Password and other security features such as IP address, random
key login with user id and password
• The Proposed application should have a robust security system based on features like
single sign on, role based access rights and secure socket layer (128 bit encryption).
Different user groups should have access to different features on the Portal. Some
features should be restricted to only the internal NHAI users and these features should
be blocked for general public and unauthorized users. To access the restricted features
the user groups that have the access rights to those restricted features should be
required to login on the Portal. The login and authentication processes should be secured
through SSL encryption and the user should not be required to login more than once for
accessing different features on the Portal unless the user session has expired due to a
prolonged period of inactivity.

(b) User License and Source Code: - The Bidder should provide the source code of the application to
NHAI at no extra cost so that changes/additions can be made to the application in future. NHAI
will pay only a one time fee for the purchase of the proposed software that cost is included in the
rates mentioned and will have the right to install the software in future at any other location
without any extra license cost for the additional usage of the software at any other site or by any
other user. The software should be with unlimited user licenses.

(xii) Training & Documentation

(a) Training :-
• The Bidder shall provide training free of cost to NHAI officers / persons identified by NHAI
for one week at Delhi. The training should cover system design, installation, configuration,
set-up, upgrade, administration, testing, management, and maintenance of all the
application supplied. This Training shall be held either at the NHAI Head Office premises at
Dwarka, New Delhi or at the Bidder’s Premises. If the Bidder feels that a particular
component of the training can be held only at the Bidder’s premises then the training for
those particular components maybe held at the Bidder’s premises at no extra cost to NHAI.
However, the Purchaser reserves the right to decide the venue of this training.

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 • The Successful Bidder will have to train the trainers who in turn will impart training to NHAI
officers / persons. The Bidder will not charge any extra cost for this training to trainers.
• Training for NHAI employees and training on using the application and IT team for system
administration of the application.
• The training modules and their duration shall be finalized in consultation with the
Purchaser.
• The Successful Bidder shall also supply detailed training material to NHAI, to enable NHAI
to train more number of officers independently.
• All the expenses related to travel, boarding and lodging, etc. of NHAI officers/its identified
personnel only shall be borne by NHAI. All other expenses will be borne by the successful
Bidder.
• Training for NHAI employees and trainers on using the application and IT Team for system
administration of application.

(b) Documentation

• The Bidder shall supply 1 set of hard copy and 2 sets of soft copy (CD) of the following three
types of documents to NHAI for the Portal:
o System Manual: The bidder shall provide complete technical descriptions of the
programs, tables, data elements, keys and indexes of the data systems;
complete security information; Data Flow Diagrams (DFD) and Entity
Relationship Diagram (ERD)
o User Manual for System Administrators: User manual incorporating all details of
links and functionality provided for system administrators on the Portal
o User Manual for general NHAI users: A walkthrough of the entire Portal
incorporating details of all static and dynamic features provided on the Portal
o The source code along with complete documentation of the developed
application has to be handed over by the bidder to NHAI after final acceptance
of the software and also at the end of maintenance period. The portal will be the
property of NHAI and the same should not be used by the bidder in any manner.
• The documentation shall also be so elaborate as to explain the architecture design, security
policies and configuration, scalability aspects of the system etc.

(xiii) Final Acceptance Tests

(a) The Purchaser or its appointed testing authority shall supervise the development of the
applications and shall have the Final Acceptance Test of the developed applications as a whole
including the service performance.
(b) The Successful Bidder shall rectify all deficiencies immediately, if found, in the performance of
the system as per the requirement during the Final Acceptance Tests, at no cost to NHAI.

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 (c) Once all the Final Acceptance Tests are completed successfully, to the satisfaction of the
Purchaser and the required training is also successfully completed, the appointed testing
authority and/or the NHAI officer shall certify the Final Acceptance Sign-off. This sign-off is
referred to as the Final Acceptance Sign-off elsewhere in this tender document.

6. Technical audits from time to time

(i) Successful bidder has to perform bi-annual technical audit of the application system through any
empanelled Govt. agency under Department of Information Technology, Government of India
having a valid empanelment certificate, free of charge to NHAI, to conform whether the services
rendered by the Bidder is satisfactory and is within the SLA parameters stipulated in the tender
document and submit the detailed audit reports to NHAI from time-to-time.

(ii) Bidder will provide the name of 3 companies and from them one firm will be selected by NHAI for
carrying out annual technical audit.

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 Appendix-I to Section IV

INPUT/ FACILITIES TO BE PROVIDED BY NHAI TO THE IT NETWORK AND MANAGEMENT

SERVICE PROVIDER FOR PROPER DELIVERY OF SERVICES:

NHAI’s shall provide the following inputs/facilities to the Successful Bidder for the proper delivery of IT
network and management services:
1. Adequate sitting space, storage space and telephone connections for IT network and
management service provider.
2. E-Mail accounts for Successful Bidder’s Helpdesk.
3. Names and contact numbers of the NHAI personnel who need to be contacted if an issue needs
to be escalated by Successful Bidder.
4. Inform users that they will need to log a call with the Successful Bidder’s Helpdesk for availing of
Technical Support services
5. Requisite number of licensed copies of an anti-virus tool along with technical literature on the
same.
6. List of vendors with whom Successful Bidder will need to co-ordinate. For each vendor – Name
of contact persons, telephone numbers, escalation matrix and the maintenance contract (if any)
entered into.
7. Access to master copies of Operating System software and documentation.
8. Access rights/security rights for Successful Bidder to perform the Operating System
administration.
9. NHAI will appoint its representative who shall endorse all minutes of meetings produced by
Successful Bidder. He will check that deliverables of Successful Bidder are completed on
schedule. He will also ensure that the quality of the deliverables meets contractual expectation.
He shall be the single point of contact to the Successful Bidder’s Team. He shall be provided by
Successful Bidder with all assistance and information as may be required to effectively perform
his role.

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 Appendix-II to Section IV

DETAILS OF EXISITNG SOFTWARE

Following is the detailed list of software currently installed at NHAI’s office. NHAI does not have any back-
to-back support agreement with respective OEM. The Bidder should ensure to have either expertise
within their own company or they should arrange back-to-back support agreement with respective OEM to
ensure compliance of service levels as asked in the tender.
I Software’s: Under IT services the Successful Bidder shall be responsible for maintenance of
following softwares. The maintenance will include loading/re-loading, configuring as per network
topology of NHAI, updating with updates available from Website or from manufacturers, trouble
shooting and performance tuning.
• Operating systems:
a) Microsoft Windows 2000/2003 Server Operating System.
b) Microsoft Windows 2000 Advance Server Operating System/Window 2003
Enterprise edition
c) Microsoft Windows 7/ Vista/XP/2000 Professional Desktop Operating System
• Application Servers:
a) Microsoft SQL 2000 Enterprise Server.
b) Microsoft SQL 2000 Standard Server.
c) Microsoft Exchange 2000/2003 Enterprise Server.
d) Call Manager Server-Cisco Call Manager-Version 4.1.3,
e) Unity Server-Cisco Unified Messaging System Version 4.0
f) Oracle 9i/10g
g) Auto-Desk Map guide Enterprise / Raster Design / Map 3D
h) Arc GIS
i) ISA Server 2000
j) AutoCAD

• Application Softwares:
a) Microsoft Office XP/2000 Professional/Office 2003/Office 2007/Office 2010.
b) Microsoft (Hindi Software)
c) Dragon Naturally Speaking Speech Recognition software.
d) Symantec Antivirus Enterprise Edition.
e) Visual basic
f) Toll Collection application
g) Check point NG for internet firewall
h) Symantec Bright mail for anti spam
i) Web sense

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 Appendix-III to Section IV

SERVICE LEVEL AGREEMENT REQUIREMENTS

Service Level Requirements & Calculations

1. Quarterly Payment calculation begins at the 100% of committed payment; actual payment
eligibility is calculated by reducing the penalty amounts (based on percentages) from the
committed payment. Penalties are calculated on a monthly basis. e.g., 0.2% penalty = 0.2% of
the monthly payment.

2. Downtime on account of NHAI common services/ equipment failure, as monitored and logged by
NHAI Operator will be excluded from penalty calculations.

3. Non-measurement and/or non-reporting of Service Metrics in the prescribed method will be

treated as not meeting the SLAs – unless alternative proof can be provided to the satisfaction of
competent authority.

4. The following table gives the Service Levels that should be adhered to for the duration of the
contract:

Operational SLAs

Ref. No Service Metric SLA Measurement Penalty

Method
01. Refurbish 99.9% Measured on a 24 x 0.2% penalty for every
Website 7 (365 days) basis 0.1% performance below
measured and SLA level.
reported monthly.
02. Existing 99.9% Measured on a 24 x 0.2% penalty for every
Applications i.e. 7 (365 days) basis 0.1% performance below
CPIS, TFCMS, measured and SLA level.
E-Pay, e-PFMS reported monthly.
03. Helpdesk Reported problems to be attended in 0.1% penalty for every
2 Hour. Bidder to provide escalation hour over the SLA.
matrix for calls not resolved in 3 hours

5. Warranty Terms and Conditions

5.1 During the period of Warranty, the Successful Bidder shall inter-alia:
• Diagnose the software faults.
• Rectify the software faults detected.
• Provide the permanent solution to the reported issue in the software.
• Carry out the periodic preventive maintenance.
• Upkeep the software periodically.
5.2 The Successful Bidder shall prepare the schedule of preventive maintenance for each quarter
and shall submit the same to NHAI in advance. The preventive maintenance shall not affect the
normal functioning of the system.
5.3 The Successful Bidder shall be solely responsible for the maintenance, repair of the whole
system supplied and integrated & upgradation of the software, and parts thereof and NHAI shall
not be liable to interact with any of the partners/ collaborators or subcontractors of the Successful
Bidder.
5.4 The Successful Bidder shall have adequate Technical support Centers to meet the criteria for
fault restoration/faulty unit repair times. The Successful Bidder shall furnish the names, locations,
complete postal address, Telephone numbers and FAX numbers of all Technical support Centers
at the time of signing the Contract.

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5.5 The Successful Bidder shall also provide the name of alternate contact person or Technical
Support Center with address & telephone /FAX no., which may be contacted by NHAI or its
authorized agency staff for support in case of no response/poor response from the designated
Technical support center. This, however, shall not preclude the Employer from imposing the
damages, if any, as applicable as per the terms & conditions of this tender.
5.6 Any change in Address, Phone number, FAX Number etc shall have to be intimated in writing by
the Successful Bidder to the concerned In-charge of the NHAI network at the earliest. If the
network in-charge of the NHAI is unable to report the faults to the normally assigned Technical
support Center due to the change of phone number etc. the fault will be reported and the
Successful Bidder shall be responsible for rendering all the maintenance support services to the
affected station as per the terms and conditions of this Agreement.
5.7 The Successful Bidder shall ensure that all the Technical support centers are manned by fully
competent and responsible Engineers and are capable of attending the faults at the NHAI sites by
deputing competent technical expert.
5.8 In case of any fault, abnormality in the system, partial or total failure of the system, the officer in-
charge of the NHAI or its authorized agency will immediately contact the designated Technical
support Center of the Successful Bidder and give information about the nature of fault over phone
/ FAX / pager / e-mail.
5.9 The details of the faults reported shall be recorded in an agreed format, called the “FAULT
DOCKET”. The time of occurrence of fault, time of restoration of fault as recorded in the fault
docket shall only be taken into consideration for calculating the actual duration of faults.
5.10 In case of any dispute arising regarding duration of fault etc, the Fault Docket as maintained at
the NHAI or NHAI’s outsourced/in-house Network Operations Center shall be the guiding
documents to be agreed by both parties.
5.11 The “Fault Docket” shall be filled with utmost care, giving all the details of the faults and other
information.
5.12 Once the fault has been rectified and the system & services were restored to normalcy, the
visiting engineer of the Successful Bidder shall record in the fault docket document, the details of
the works done by him/her for restoration of the faults and also record the details of steps to be
taken and procedures to be followed for not only restoration of similar faults, but also for
preventing the occurrence of similar faults in future.

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 Appendix-IV to Section IV

FUNCTIONAL RESPONSIBILITIES ALONG WITH DESIRED MINIMUM QUALIFICATION AND

EXPERIENCE OF RESOURCES TO BE DEPLOYED

1. PROGRAM MANAGER & SYSTEM ANALYST

Functional : The candidate will be the overall site in charge. He will ensure that all
responsibility deliverables are in accordance with specifications stated in the Contract and
completed on schedule. He will be responsible for the quality of works
produced by his team members. He will report to NHAI on the progress of
the assignment. He will be required to participate in all reviews with NHAI
and coordinate activities assigned to the Successful Bidder.

Minimum : MBA with specialization in IT after graduation from an institute of repute.

qualification
and experience Experience: 8 years out of which at least 5 years shall be as a System
Analyst.

2. DATA BASE ADMINISTRATOR

Functional : These resources will be responsible for not only maintaining existing
responsibility database applications on Microsoft Access, Dot.Net, Oracle, SQL server and
Visual Basic and preparing the various monitoring reports but also they shall
be responsible for creating additional forms/ queries/ tables/ database/
software applications to meet the growing requirements, updation of data in
the applications, programming etc.

Minimum : Graduate Degree in Engineering or Technology or equivalent or Master of

qualification Computer Applications or MBA specialization in IT after graduation from an
and experience institute of repute along with minimum four years post qualification
experience on database development/ maintenance. He should have
thorough knowledge of MS Access, SQL 2000, Oracle, Visual Basic, Crystal
report, MS Reporting services, Share Point Portal and Dot.Net.

3. PROGRAMMER/ SOFTWARE DEVELOPER

Functional : These resources will be responsible for updation/ upgradation of existing

responsibility developed software. Existing database applications on Microsoft Access,
Dot.Net, Oracle, SQL server and Visual Basic. The resources will also
responsible for development of new softwares and preparing the various
monitoring reports but also they shall be responsible for creating additional
forms/ queries/ tables/ database/ software applications to meet the growing
requirements, updation of data in the applications, programming etc.

Minimum : Graduate Degree in Engineering or Technology or equivalent or Master of

qualification Computer Applications or MBA specialization in IT after graduation from an
and experience institute of repute along with minimum four years post qualification
experience on software development/ database development/
maintenance. He should have thorough knowledge of MS Access, SQL
2000, Oracle, Visual Basic, Crystal report, MS Reporting services, Share
Point Portal and Dot.Net.

4. WEB DEVELOPER

Functional : The candidate would be responsible for development of the Webpages/

responsibility Software Applications. The candidate will also responsible for
development of new softwares and preparation of new various forms/
reports/ tables/ database/ software applications to meeting the
requirement.
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 Minimum : Graduate Degree in Engineering or Technology or equivalent or Master of
qualification Computer Applications or MBA specialization in IT after graduation from
and experience an institute of repute along with minimum four years post qualification
experience on web based software development. He should have
thorough knowledge of .Net/ Java fundamentals, HTML4/HTML5, JQuery,
Ajax, JavaScript, SQL Server, Visual Basic, Crystal report, Share Point
Portal, MS Reporting services and Dot.Net.

5. SOFTWARE DESIGNER

Functional : The candidate would be responsible for Designing Layout of the Software
responsibility Applications, Webpage, Graphics, Logo, Animations in Flash and Gif,
Editing Video and Audio clips. The candidate would also be expected to
contribute into technology strategy to multiple levels.

Minimum : Graduate Degree in Engineering or Technology or equivalent or Master of

qualification Computer Applications or MBA specialization in IT after graduation from
and experience an institute of repute. Minimum 4 (four) years post qualification experience
related to software development/ database development. (preferably MS
Access, SQL 2000, Oracle, Visual Basic, Crystal report, Share Point
Portal, MS Reporting services and Dot.Net)

6. SECRETARIAL ASSISTANT

Functional : The candidate will be responsible to provide typing and other secretarial
responsibility assistance to a group and maintaining files and documents/ reports/ records
related to the group members etc.
th
Minimum : The candidate should be 8 pass or equivalent with good typing speed and
qualification good knowledge of Microsoft Office components. The candidate should have
and experience minimum 2 (two) years post qualification experience as Secretarial Assistant.

7. DATA ENTRY OPERATOR

Functional : The candidate will be responsible for entry of the data during the Contract
responsibility Period, help in generation of reports, completion of reports and assistance
to team leader and system maintenance engineers.
th
Minimum : 12 pass or equivalent and working knowledge of computer operations/ data
qualification entry on computer, minimum 1 (one) year experience as Data Entry
and experience Operator.

Note:-
(i) The proposed personnel should possess the requisite qualification and experience as on the date
of tender submission.
(ii) NHAI will take interviews of the resources who meet the minimum qualification and
experience before actual deployment. If the resource is not found suitable in interview, alternative
resource with better qualification and experience shall be proposed by the service provider
without any additional cost to NHAI. No relaxation shall be given with regard to any change in the
qualification criteria of any of the personnel to be deployed. In case, the Successful Bidder is not
able to provide any of the personnel as asked in the Tender Document, then punitive action shall
be taken as per Contract provisions.
(iii) In case any resource deployed by the service provider is found not useful i.e. the resource is not
able to perform the assigned task in a given timeframe; in such situation, NHAI may ask for a
suitable replacement.
(iv) Any delay in deployment of full strength as per work order on the date of taking over shall attract
damages in accordance to relevant clause of the Contract.
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 Appendix-V to Section IV

PERFORMA FOR ESTIMATED RESOURCE DEPLOYMENT

Division / Department handling the project:

Job Location :

Job profile (summary of job to be done) :

(Use additional sheet if required)

Estimated resource deployment:

S.No. Resource Number For number of Rate / Month Cost of the
Required Month(s) as finalized Project (Rs.)
(1) (2) (3) (4) (5) (6) = (3X4X5)
1
2
3
4
5
6 RC =
7 TC =
8 Total cost C=

RC = Total of Sr. No. 1 to 5 of column 6. C=RC+TC

1. For each job/location the Vendor will assess resource requirement as above and submit a
complete proposal for appropriate approvals.
2. During the periodic review of the job progress, if the PRC finds that the job is not progressing
towards its scheduled completion : the Vendor will deploy additional resource without any
extra charge.
3. For long duration projects, the Vendor will also prepare a phased delivery and payment
schedule to enable PRC to recommend phased payments.

Date : Signature :

Place : Name :

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 PART-II

FORMS FOR
SUBMISSION OF BIDS

Page 66 of 117
 SECTION – V

FORMS FOR
SUBMISSION OF TECHNICAL BID

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 Form-T1

(As per e-form for technical bid)

To
General Manager (Tech.) - PCA
National Highways Authority of India (NHAI),
G 5&6, Sector – 10, Dwarka,
New Delhi – 110075

Subject : Tender for NHAI tender for Selection of service provider for providing software
services at NHAI offices - Regarding.

Reference : NHAI’s Tender No. 11013/260/2012/IT dated 25.09.2012.

Sir,

We, the undersigned, offer to provide the services for the above mentioned project in
accordance with your Tender Notice referred above. The technical proposal in the prescribed
proforma is submitted for consideration.

2. We undertake that, in competing for (and, if the award is made to us, in executing) the above
Contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention
of Corruption Act 1988”. We understand that NHAI is not bound to accept the lowest or any Bid received
by NHAI.

Yours sincerely,

Authorised signatory
Name & Title of Signatory:

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General instructions :

(a) In case the Bidder has to furnish no information against any of the items below, either ‘Nil’, ‘No’ or
‘Not applicable’, as the case may be, should be mentioned. If in the information supplied, against
any item, a dash is marked or is left blank, it shall be treated as incomplete

1. (a) Name of Bidder

(b) Constitution of the Bidder entity e.g. Government enterprise, private limited company, limited
company etc.

(c) In case of a Government enterprise, please indicate as to whether legally and financially
autonomous and operate under commercial law.
Yes/ No/ Not applicable
(d) Name(s) of Partners/ Directors

2. Complete postal address with Telephone/ Fax numbers/ e-mail address

i) Corporate Office

ii) Registered Office

3. Address for correspondence with Telephone/ Fax numbers/ e-mail address. Please provide at least
one fixed and one mobile telephone number on which the Authorized Person can be contacted during
the tender process. It is the Applicant’s responsibility to ensure that ALL these means of
communications are working and being monitored regularly from the date of Application to the
conclusion of the tender process :

(a) Complete postal address :

(to which the correspondence will be made)

(b) Fixed telephone number

(c) Mobile telephone number

(Note: the mobile telephone specified should be capable of receiving SMS)

(d) E-mail address

6. Name of the Company Secretary/ Chartered Accountant certifying the documents along with his/ her
Membership number, if applicable :

7. (a) Whether the Bidder is having requisite Financial Strength : Yes/ No

(b) If yes, please indicate the average annual turnover of the Bidder:

(Note : Please attach certificate from Company Secretary/ Chartered Accountant in the prescribed
format duly countersigned by the authorized signatory certifying the Net worth.)

8. Whether in the ordinary course of its business, the Company is engaged in providing similar services
in the information technology field :
Yes/ No
(Note: Please indicate the object clause number and page number of Memorandum of Association &
Article of Association of the company in support of the above statement)

9. Whether the Bidder have requisite experience of having successfully completed similar works :
Yes/ No
(Note: Please indicate the page numbers of the document submitted in support of the above claim,
the summary of projects executed must be attached in the prescribed proforma)

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10. Whether the Bidder have been declared ineligible by NHAI or Ministry of Road Transport & Highways,
Government of India for indulging in corrupt or fraudulent practices :
Yes/ No

11. (a) Whether the Bidder have been declared/ determined non-performing by NHAI :
Yes/ No
(b) If so, period of debarment:

12. Whether copy of Resolution of Board of Directors/ Power of Attorney/ Authority Letter stating that the
person signing the Application is an authorized signatory has been attached :
Yes/ No
(Note: Copy to be certified by Company Secretary/ Director/ Managing Director of the Company and
should also bear the signature of the authorized signatory)

13. Whether the Bidder has a office in Delhi/NCR : Yes/ No

If yes, complete postal address with Telephone/ Fax numbers :

Certificate / undertaking:

A. It is hereby certified that the contents of the Notice inviting tenders has been carefully gone
through and the Bidder undertakes to fully comply with the terms and conditions specified in the
tender document including addendum thereof.
B. It is hereby certified that neither the Bidder nor any of its Directors are the subject of criminal or
civil proceedings that could be expected to adversely affect its business or its ability to Bid in the
present tender.
C. It is hereby certified that the Bidder understands that this Technical Bid, if found incomplete in any
respect and/ or if found with conditional compliance or not accompanied with the requisite Bid
Security (Earnest Money Deposit/ Earnest Money Bank Guarantee), shall be summarily rejected.
D. It is hereby certified that the Bidder do not have any record of poor performance such as
abandoning the works, not properly completing the Contract, delay in payment of salary to its staff
deployed to client’s site, or financial failures etc.;
E. It is hereby certified that the Bidder understands that the tender application fee is nonrefundable
irrespective of whether or not the Contract is granted to it.
F. It is hereby certified that the Bidder hasn’t been blacklisted by a central/ state Government
institution/ Public Sector Undertaking/ Autonomous body and there has been no litigation with any
Government Department/ PSU/ Autonomous body on account of similar services.
G. It is hereby certified that the Bidder will intimate the NHAI promptly in case of any change in the
information submitted as part of this Technical Bid.
H. It is hereby certified that the Bidder understands that all matters relating to the tender or Contract
if granted to it will be subject to jurisdiction of courts/ Tribunal(s) in Delhi/ New Delhi only.
I. It is hereby certified that the Bidder understands that if at any time, any averments made or
information furnished as part of this Bid is found incorrect, then its Bid and the Contract if
awarded on the basis of such Bid shall be cancelled.
J. It is hereby certified that the Bidder offers to execute the works in accordance with the Conditions
of Contract, Specifications and TOR accompanying this Bid.
K. I hereby confirm that this Bid complies with the Bid Validity and Bid Security required by the
conditions of tender document.
L. It is hereby certified that the information provided in this Technical Bid (including the attachments)
is true, accurate and complete to the best of my knowledge & belief.

Date:
Signature of the Authorized Signatory
Name & Designation/ Title of the Authorized Signatory
Place:
(Company’s Seal)

Page 70 of 117
 Form-T2

Format of Certificate showing Bidder’s Annual Turnover

(To be issued on letter-head of the Chartered Accountant)

Dated

Certificate of Annual Turnover

It is certified that we have examined the books of accounts of M/s. ___ (name and address of
the Bidder) ___ and the average annual turnover of the company/ firm is not less than Rs. __________
(Rupees _________ ) during the last three financial years.

The details of the annual turnover are as under:

(Amount in Rs.)
Sl. No. Particulars FY 2008-09 FY 2009-10 FY 2010-11

1. Total Annual Turnover of M/s

____________

(Signature of Company Secretary or Statutory Auditor/ Chartered Accountant)

Name of the Company Secretary or Statutory Auditor/ Chartered Accountant :
Seal:

Important Notes:
(i) The above data should relate only to the Bidder who has submitted the tender.
st
(ii) In the above table, FY means Financial Year i.e. a period from 1 April of preceding year to
st
31 March of the succeeding year.

Page 71 of 117
 Form-T3

Self-Declaration regarding Software Certification

Date

We ____________ (Name of the Bidder), having registered office at _______________

(address) hereby declare and confirm that we are involved in the development, upgradation and
maintenance of the Software.

We hereby also confirm that we hold a valid ISO 9001:2000 certification in “Information Technology
(IT) Services related to IT Infrastructure and Application Support. The copy of the ISO 9001:2000 is
enclosed herewith.

We hereby confirm that we have at least 50 software personnel on its rolls. These should comprise
of Project Managers, System Analyst, Programmer/ Software Developer, Web Developer, etc.

Authorized Signature:
Name & Title of Signatory:
Name of Bidder

Important Notes:

1. The above information should relate only to the Company (Bidder) who has submitted
the tender.

Page 72 of 117
 Form-T4

Self Declaration regarding Technical Capability of Similar Nature of Work

Date

We ____________ (Name of the Bidder), having registered office at _______________

(address) hereby declare and confirm that

(a) We are involved in provision of similar nature of work i.e. maintenance of IT infrastructure / software
/ application.
(b) We have experience in development/ customization/ maintenance of software to its clients in
Government or PSU or private organization of repute the number of projects handled during last
three years is __________. The testimonials in the form of work order(s) / completion certificate(s)
from the Government or PSU clients or private organization are enclosed herewith.
(c) We hereby declare and confirm that we, ____________ (Name of the Bidder), having registered
office at _______________ (address) have successfully executed contracts of similar nature i.e.
maintenance of software / application with reputed organizations during the last three years. We
certify that the ______________ had executed three similar contracts of costing not less than Rs.
____________ or two similar contracts costing not less than Rs. ________ each or a single similar
contract costing not less than Rs. ______________ in the last three years. We are providing the
details below: (Note: add rows as required).

Whether The
Whether The
Copies Of The
Purcha Successful
Purchase Orders
se Completion
/ Contracts From
Order Brief Certificate As
Name of the The Client As
Sl. (P.O) Projec Start End Scope Required, Is
Client Required, Is
No No. & t Value Date Date Of Attached?
Organization Attached?
Date of Work
Issue Pg. No.
Of P.O. Pg. No.
Yes/ On The Yes/
On The
No Proposa No
Proposal
l

(d) We are also attaching the completion certificates from the respective client organizations and the
copies of work orders/contracts from the client as required in the tender along with this.
(e) We confirm that the work is completed as per contract but have been provided an extension by the
client as maintenance contract. We are enclosing self-certified copy of work order with an affidavit
on requisite non-judicial stamp papers duly attested by notary substantiating eligibility and providing
details like title and scope of project executed, date of commencement of project, date of
completion of project and payments received against similar works.

Page 73 of 117
(f) We understand that two different contracts executed successfully with the same client will be
treated as two works subject to meeting the aforesaid eligibility criteria. These two different
contracts cannot be clubbed to meet the eligibility criteria.
(g) We confirm that the contract _____ is substantially completed more than 95%. We are enclosing
certificate from the client to this effect or affidavit on requisite non-judicial stamp papers duly
attested by notary substantiating that the work is substantially completed.

Authorized Signature:
Name & Title of Signatory:
Name of Bidder

Important Notes:
1. The above information should relate only to the Company (Bidder) who has
submitted the tender.

Page 74 of 117
 Form – T5

Bidder’s Methodology and Work Plan

4
The Bidder should prepare a power point presentation and provide a
copy of the presentation as a part of this form. The presentation should
demonstrate the understanding of the scope and proposed methodology
and work plan.

4
Normally, the power point presentation shall be limited to 10 slides.

Page 75 of 117
 SECTION – VI

FORMS FOR
SUBMISSION OF FINANCIAL BID

Page 76 of 117
 Form-F1
[Location, Date]
From :
(Name and Address of the Bidder)

To
General Manager (Tech.) - PCA
National Highways Authority of India (NHAI),
G 5&6, Sector – 10, Dwarka,
New Delhi – 110075

Subject : Tender for NHAI tender for Selection of service provider for providing software
services at NHAI offices - Regarding.

Reference : Tender No. 11013/260/2012/IT dated 25.09.2012.

Sir,

We, the undersigned, offer to provide the services for the above mentioned project in
accordance with your Tender Notice referred above and our Proposal. The amount indicated in this
Financial Bid is inclusive of all the taxes, duties, fees, levies, and other charges imposed under the
applicable law. The details are as follows:

(Amount in Rs.)
Particulars During Contract period of 2 years
Cost of providing services described under Terms of
Reference (in figures).

(Amount in words)

2. Our Proposal is binding upon us and subject to the modifications resulting from
Contract negotiations, if any, up to expiration of the validity period of the proposal i.e. 120 days from
the last date of submission of the Bid or as extended in accordance with the tender conditions.

3. We undertake that, in competing for (and, if the award is made to us, in executing) the above
Contract, we will strictly observe the laws against fraud and corruption in force in India
namely “Prevention of Corruption Act 1988”. We understand that NHAI is not bound to accept any
proposal it receives.

Yours sincerely,

Authorised signatory
Name & Title of Signatory:
Designation of the Signatory:
Name of Bidder & Address:

Page 77 of 117
 Form-F2
Detailed breakup of Rates of the Financial Bid

1. Maintenance of existing software(s) i.e. Computerized Project Information System (CPIS),

e-Project Financial Management System and e-Pay software

Total Maintenance
Man Month
Months Cost for a period
S.No. Service Description Rate
(B) 24 months
(A)
(A X B)
For Operation, Maintenance and up
1. gradation of CPIS, e-PFMS, e-Pay as 24
per the scope of work from back end
Total Maintenance Cost for Schedule-I (1)

2. Refurbish existing NHAI website by re-designing and development and maintenance of the
existing and new website.

Work
S. No. Lump-Sum Amount (INR)
1. Redevelopment of NHAI Website:
2. Development of Intranet site:
3. Development of mobi web site:
4. Supply of licensed software needed:
5. Supply of essential compatible hardware:
6. Onsite maintenance:
7. Taxes and Levies over and above the cost (if any):
Total Cost for Schedule-I (2)

3. e-Pay Software

S. No. Work Lump-Sum Amount (INR)

Software Development / Customization of e-Pay
1. Software including system study, design, testing,
implementation, documentation, training, etc.
2. Supply of licensed software needed:
3. Supply of essential compatible hardware:
4. Onsite maintenance:
5. Taxes and Levies over and above the cost (if any):
Total Cost for Schedule-I (3)

Page 78 of 117
4. Upgradation of off-the-shelf software licenses

Sr. Description Qty Unit Rate Total Amount (INR)

No. (INR)
1. Windows Server 2008 R2 Enterprise Edition – 29
Server License
2. Windows Server 2008 R2 Standard Edition – 25
Server License
3. Windows Server 2008 Client Access Licenses 2000
4. Microsoft SQL Server 2008 R2 Enterprise 20
Edition – Server License
5. Microsoft SQL Server 2008 R2 Standard 10
Edition – Server License
6. Microsoft SQL Server 2008 R2 Client Access 100
Licenses
7. Forefront TMG Standard (CPU) 2
8. SharePoint Internet Sites Enterprises 2010 2
- Web/App Server Tier - NLB
9. SharePoint Standard CAL 50
10. SharePoint Enterprise CAL 10
11. Windows External Connector 2
12. Installation/configuration Charges for Security N/a
solution i.e. Firewall and URL Filtering s/w
with system integration for Internet access
and mailing services at NHAI head office.
13. Microsoft Visual Studio 2010 1
14. Microsoft Office 2010 or latest available 250
OLP – Level C
Total of Schedule-I (4)
Applicable taxes @ ___% on above

Grand Total inclusive of all taxes for Schedule-I (4)

5. Development, Testing and Maintenance of the Software as per NHAI’s requirement.

For computation purposes, the approximate weightage of the On-Site resources is being taken for a
typical customized software application development.

Sl. On-Site Resource Category Man-Month Man-month rate Weighted Rate/ month
No. Effort (Rs) (Rs)
(1) (2) (3) (4) (5) = (3x4)
1. System Analyst 0.08
2. Database Administrator 0.12
3. Software Developer 0.40
4. Software Designer 0.10
5. Web Developer 0.10
6. Data Entry Operator 0.20
Resource Cost per month (Sum of the weighted rate/ month for
resources at Sl. No. 1 to 6 above) – (A)
Total Resource Cost (TRC) for estimated 500 man-months (Ax500)
Overheads (including cost of support staff) (_____ % of TRC)
Applicable Taxes (including Service Tax and other taxes, if any)
Total Cost (inclusive of all taxes/ levies) for Schedule-I (5)

Note :- The cost for Schedule-I (5) is to arrive at the man-month rates and the payment
shall be note on actual basis.

Page 79 of 117
 SUMMARY OF COST
Amount in Rupees

Sl. Amount in
Particulars Amount in Words
No. Figures

1. Cost of services under Schedule-I (1)

2. Cost of services under Schedule-I (2)

3. Cost of services under Schedule-I (3)

4. Cost of services under Schedule-I (4)

5. Cost of services under Schedule-I (5)

Grand Total for Schedule – I (Sl. 1 – Sl. 5)

Page 80 of 117
 PART-III

FORMAT OF CONTRACT

Page 81 of 117
 SECTION – VII

FORMAT OF CONTRACT

No. 11013/260/2012/IT

This Contract (hereinafter called the “Contract”) is made on this ___day of the month of ___, 2012
BETWEEN
National Highways Authority of India (NHAI), constituted by an act of Parliament, The
National Highways Authority of India Act, 1988, and having its head office at G 5 & 6,
Sector 10, Dwarka, New Delhi-110075 (hereinafter referred to as the “NHAI” or the “Employer”,
which expression shall, unless repugnant to or inconsistent with the context, mean and
include its successors and assigns) of the FIRST PART.
AND
___________________, a company incorporated under the provisions of the Companies
Act, 1956 and having its registered office at ______________________________________
______________ (hereinafter referred to as the “_______” or the “Service Provider” which
expression shall unless repugnant to or inconsistent with the context, mean and include its
successors and assigns) of the OTHER PART.

WHEREAS
(A) the Service Provider, in the ordinary course of its business, is engaged in providing
services in the Information Technology (IT) field viz. maintenance, development of IT
software / application, and have represented to the NHAI through their tender proposals,
against Tender No. 11013/260/2012/IT dated 25.09.2012 (hereinafter called the “Tender”)
for service provider for providing software services at NHAI offices (hereinafter called the
“Services”), that they have required professional skills, personnel and technical resources
to provide the required Services;
(B) the Service Provider has been adjudged the Successful Bidder and NHAI vide its Letter of
Award (LOA) No. 11013/260/2012/IT dated XX.XX.2012 has requested the Service
Provider to submit Performance Security along with the letter of acceptance for providing
the Services;
(C) the Service Provider has submitted the requisite Performance Security and agreed through
their letter of acceptance dated ___________ to provide the Services on the terms and
conditions set forth in this Contract;

NOW THEREFORE THIS CONTRACT WITNESSTH

1. In this Contract words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of the Contract hereinafter referred to.

2. The following schedules/ appendices shall be deemed to form and be read and construed
as part of this agreement viz.
(a) Schedule – I: General Conditions of the Contract (GCC);
(b) Schedule – II: Special Conditions of the Contract (SCC);
(c) Schedule – III: Description of the Services;
(d) Schedule – IV: Reporting Requirements for monitoring of service levels during the
validity of Contract;
(e) Schedule – V: Facilities to be provided by NHAI to the Service Provider for proper
delivery of the Services;
(f) List of appendices:
Appendix A Copy of Financial Bid submitted by the Service Provider showing
breakdown of Contract Price
Appendix B Letter of Award issued by NHAI
Appendix C Letter of Acceptance submitted by the Service Provider
Appendix D Copy of Performance Security submitted by the Service Provider

Page 82 of 117
 Appendix E Copy of authorization/ Power of Attorney in favour of authorized
representative of the Service Provider authorizing him to sign
this Contract
Appendix F Copy of the Tender Document and any addendum thereof
Appendix G Format for Daily Performance Report

3. The Service Provider shall submit the details as sought by the NHAI in the format provided
under the appendices of this Contract. The foregoing schedules and appendices shall be
construed as complementary and mutually explanatory one with another. Should any
ambiguities or discrepancy be noted then the order of precedence of these schedules/
appendices shall subject to the Special Conditions be as listed above.

4. This Contract together with the schedules and appendices hereto, constitutes the entire
Contract between the parties with respect to the subject matter hereof and supersedes in
all respects all prior proposals, negotiations, conversations, discussions and agreements
between the parties concerning the subject matter hereof. Subsequent alterations,
amendments, changes or additions hereto, if any, shall be binding and valid unless agreed
to in writing and signed by each Party.

5. The mutual rights and obligations of the NHAI and the Service Provider shall be as set
forth in the Contract, in particular:
(a) The Service Provider shall carry out the Services in accordance with the provisions
of this Contract; and
(b) The NHAI shall make payments in accordance with the provisions of this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by
their respective authorized representatives on the day and year first before written.

FOR AND ON BEHALF OF FOR AND ON BEHALF OF

(National Highways Authority of India) (M/s ____________)

(Authorized Representative) (Authorized Representative)

Name : ______________ Name : ______________________
General Manager (Tech) P&IS Designation : __________________
National Highways Authority of India M/s __________________________
G-5&6, Sector – 10, Dwarka Address :_______________________
New Delhi – 110075
In the presence of following witnesses:

1. Name : ______________ 1. Name : ______________________

Dy General Manager (P&IS) Designation : __________________
National Highways Authority of India M/s __________________________
G-5&6, Sector – 10, Dwarka Address :_______________________
New Delhi – 110075

2. Name : ______________ 2. Name : ______________________

Manager (P&IS) Designation : __________________
National Highways Authority of India M/s __________________________
G-5&6, Sector – 10, Dwarka Address :______________________
New Delhi – 110075

Page 83 of 117
 SCHEDULE – I

GENERAL CONDITIONS OF THE CONTRACT

1. PRELIMINARY

1.1 Subject as hereinafter otherwise provided, the guidelines contained in the NHAI Works
Manual (hereinafter referred to as “Works Manual”) shall apply to this Contract and in so far
as they are not provided, amended or substituted by the Conditions in the GCC & SCC and
hereby expressly declared that in case of any conflict between the provisions contained in
the GCC & SCC hereof and the provisions of the Works Manual, the provisions contained in
the GCC & SCC hereof shall prevail.

2. GENERAL PROVISIONS

2.1 Definitions : Unless the context otherwise require, the following terms whenever used in this
Contract shall have the following meanings :
(i) “Applicable Law” shall mean the laws and other instruments having the force of law
in India as applicable from time to time.
(ii) “Contract” shall mean the Contract signed by the parties, to which these General
Conditions of the Contract (GCC) are attached, together with all the schedules/
appendices listed in Clause 2 of such Contract.
(iii) “Contract price” shall mean the price to be paid for the performance of Services in
accordance with Clause 6 hereto.
(iv) “Defect Liability Period” shall mean the period of 365 days beyond the validity of
this Contract during which the Service Provider shall be liable to rectify defects in the
performance of Services as pointed out by the Employer.
(v) “Effective Date” shall mean the date on which this Contract comes into force and
effect pursuant to Clause 3.1 hereof.
(vi) “Employer” refers to National Highways Authority of India.
(vii) “GCC” shall mean General Conditions of the Contract.
(viii) “Government” means the Government of India.
(ix) “NHAI” shall mean National Highways Authority of India.
(x) “NHAI Works Manual” shall mean manual containing guidelines/ instructions issued
by NHAI from time to time on various aspects including selection of consultants,
award of contracts, contract management, etc. A copy of the manual is available on
NHAI’s website.
(xi) “Party” shall mean NHAI or the Service Provider, as the case may be, and “Parties”
shall mean NHAI and the Service Provider.
(xii) “Personnel” shall mean persons hired by the Service Provider or by any Sub-
Contractor as employees and assigned to the performance of the Services or any
part thereof under this contract.
(xiii) “Professional” shall mean persons hired by the Service Provider or by any Sub-
Contractor as employees and assigned to the performance of the Services or any
part thereof under this Contract.
(xiv) “Resources” shall mean persons hired by the Service Provider or by any Sub-
Contractor as employees and assigned to the performance of the Services or any
part thereof under this Contract.
(xv) “SCC” shall mean Special Conditions of the Contract.
(xvi) “Service Provider” shall mean the entity to which the Services to be provided under
this Contract has been entrusted by NHAI.
(xvii) “Services” shall mean the work to be performed by the Service Provider pursuant to
this Contract.

Page 84 of 117
 (xviii) “Starting Date” shall mean the date referred to in Clause 3.2 hereof.
(xix) “Sub-Contractor” shall mean any entity to which the Service Provider subcontracts
any part of the Services to be provided under this Contract.
(xx) “Third Party” shall mean any person or entity other than the Government, the NHAI
and the Service Provider.

2.2 Law Governing the Contract: This Contract, its meaning and interpretation, and the relation
between the Parties shall be governed by the Applicable Law.

2.3 Language: This Contract has been executed in Hindi and English. However, the English
version shall be binding for all matters relating to the meaning and interpretation of this
Contract.

2.4 Headings: The headings shall not limit, alter or affect the meaning of this Contract.

2.5 Notices: Any notice, request, consent or communication required to be made pursuant to
this Contract shall be in writing and shall be deemed to have been made when delivered in
person to an authorized representative of the Party, as per Clause 2.6, to whom the
communication is addressed, or when sent by registered/ speed post or courier to such
Party’s authorized representative at the address specified in SCC.

2.6 Authorized Representatives: Any action required or permitted to be taken, and any
document required or permitted to be executed, under this Contract by the NHAI or the
Service Provider may be taken or executed either by the persons signing this Contract or by
the officials specified in the SCC. Changes in authorized representative(s) are to be notified
in writing by the Parties immediately and in any case within one (1) week of such change.

2.7 Location: The Services shall be performed at such locations as are specified in this Contract
or at a location approved by the Employer.

2.8 Taxes and Duties: The Service Provider, their Personnel and their Sub-Contractor, if any,
shall pay such taxes, duties fees, and other impositions as may be levied under the
Applicable Law, the amount of which is deemed to have been included in the Contract Price.

2.9 Survival: Rights and obligations which have accrued at that time of termination or
expiry of this Contract shall survive even after the termination or expiry of this Contract and
any provisions hereof which, by their nature are intended to survive this Contract, will so
survive.

2.10 Assignment or transfer of obligations: This Contract shall ensure the benefit of each of
the parties and their respective successors and neither Party shall otherwise assign the
benefit or burden of this Contract to any other entity, without the prior written consent of the
other Party. The Service Provider shall not outsource the work to any other associate/
franchisee/ third party, without prior written consent of the Employer, under any
circumstances. If it so happens then NHAI shall impose sanctions which will include forfeiture
of the Performance Security and/ or termination of the Contract for default.

2.11 Relationship of Parties: It is clearly understood that the relationship of the Parties is in
terms of this Contract. Neither party shall be deemed to be the legal representative or agent
of the other.

3. COMMENCEMENT, COMPLETION, MODIFICATION, AND TERMINATION OF CONTRACT

3.1 Effectiveness of Contract: The Contract shall come into effect on the date the Contract is
signed by the Parties or such other date as may be stated in the SCC (“Effective Date”).

Page 85 of 117
3.2 Commencement of Services: The Service Provider shall begin carrying out the Services
within forty-five (45) days from the Effective Date, or such other date as may be specified in
the SCC (“Starting Date”).

3.3 Expiration of Contract: Unless terminated earlier pursuant to Clause 3.6 hereinafter, this
Contract shall terminate at the end of such time period after the Effective Date as is specified
in the SCC.

3.4 Modification: Any amendment or modification of the terms and conditions of this Contract,
including any modification of the scope of the Services or of the Contract Price, shall be valid
and binding on the Parties only if made in writing and signed on behalf of both the Parties by
their respective authorized signatories. However, the Employer reserves the right to modify
at any time the terms and conditions of the Contract, if in the opinion of the Employer it is
necessary or expedient to do so in public interest or in the interest of the security of the State
or for the proper conduct of the Service. The decision of the Employer shall be final in this
regard.

3.5 Force Majeure

3.5.1 Definition: For the purposes of this Contract, “Force Majeure” means an event which is
beyond the reasonable control of a Party, and which makes a Party’s performance
of its obligations under the Contract impossible or so impractical as reasonably to be
considered impossible under the circumstances.

3.5.1.1 Force Majeure includes, but is not limited to, war, riots, civil disorder, earthquake,
fire, explosion, storm, flood or other adverse weather conditions strikes, lockouts or other
industrial action (except where such strikes, lockouts or other industrial action are within
the power of the Party invoking Force Majeure to prevent), confiscation or any other
action by government agencies.

3.5.1.2 Force Majeure shall not include (i) any event which is caused by the negligence or
intentional act of a Party or such Party’s Sub-Contractors or agents or employees, nor (ii)
any event which a diligent party could reasonably have expected to (A) take into account
at the time of the conclusion of this Contract and (B) avoid or overcome in the carrying
out of its obligations hereunder.

3.5.1.3 Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.

3.5.2 The Service Provider shall advise the Employer in writing, duly certified by the reasonable
authority, the beginning and the end of the above causes of delay, within seven (7) days of
the occurrence and cessation of the Force Majeure conditions. In the event of a delay
lasting for more than 60 days, if arising out of clauses of Force Majeure, the Employer
reserves the right to cancel the order without any obligation to compensate the Service
Provider in any manner for whatsoever reason.

3.6 Termination

3.6.1 By the Employer:

3.6.1.1 The Employer may terminate this Contract, by written notice of termination to the Service
Provider, to be given after the occurrence of any of the events specified in paragraphs
(a) through I below:

Page 86 of 117
 (a) if the Service Provider fails to deliver any or all of the Services within the time
period(s) specified in the work order or any extension thereof granted by the
Employer;

(b) if the Service Provider do not remedy a failure in the performance of their
obligation under the Contract, within 15 days after being notified or within any
further period as the Employer may have subsequently approved in writing;

(c) if the Service Provider, in the judgment of the Employer, has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract;

(d) if the Service Provider becomes bankrupt or otherwise insolvent;

(e) if, as a result of Force Majeure, the Service Provider is unable to perform a
material portion of the Services for a period of not less than sixty (60) days.

3.6.1.2 If the Employer, in its sole discretion, decides to terminate this Contract, it may do so, by
written notice of sixty (60) days to the Service Provider.

3.6.2 By the Service Provider: The Service Provider may terminate this Contract, by not less
than thirty (60) days’ written notice of termination to the Employer, such notice to be given
after the occurrence of any of the events specified in paragraphs (a) and (b) below:

(a) If the Employer fails to pay any monies due to the Service Provider pursuant to this
Contract and not subject to dispute pursuant to Clause 7 within forty-five (45) days
after receiving written notice from the Service Provider that such payment is overdue;
or

(b) if, as a result of Force Majeure, the Service Provider is unable to perform a material
portion of the Services for a period of not less than sixty (60) days.

3.6.3 Payment upon Termination: Upon termination of this Contract pursuant to Clauses 3.6.1
or 3.6.2, the Service Provider shall be entitled to all undisputed sums that are due for the
Services satisfactorily rendered prior to the termination. In the event of such termination,
the Service Provider shall refund the sums on pro-rata basis, if the advance sums are with
the Service Provider, for the period unutilized, after considering the period of notice.

3.6.4 In case of occurrence of any of the events specified in paragraphs (a) and (b) of Clause
3.6.1.1, the Employer may, at its discretion, also take the following action against the
defaulting Service Provider :

The Employer may transfer upon such terms and in such manner, as it deems
appropriate, the work order for the balance work to any other agency and the
defaulting Service Provider shall be liable to compensate the Employer for any extra
expenditure involved towards the said balance work to complete the scope of Services.

4. OBLIGATIONS OF THE SERVICE PROVIDER

4.1 General: The Service Provider shall perform the Services and carry out their obligations
with all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe methods in accordance with
standards of the profession. The Service Provider shall always act, in respect of any matter
relating to this Contract or to the Services, as faithful adviser to the Employer and shall
at all times support and safeguard the Employer’s legitimate interests in any dealings
with the Sub-Contractors or third parties.

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4.2 Conflict of Interests: Further, the Service Provider and its affiliates shall not engage
directly or indirectly in activities that is against the interest of the Employer under the
Contract.

4.3 Confidentiality:

4.3.1 As used herein, the term “Confidential Information” means any information, including
without limitation, information created by or for the other Party, whether written or oral,
which relates to internal controls, computer or data processing programs, algorithms,
electronic data processing applications, routines, sub-routines, techniques or systems, or
information concerning the business or financial affairs and methods of operation or
proposed methods of operation, accounts, transactions, proposed transactions or security
procedures of either party or any of its affiliates, except such information which is in the
public domain at the time of its disclosure or thereafter enters the public domain other than
as a result of a breach of duty on the part of the party receiving such information. It is the
express intent of the Parties that all the business process and methods used by the
Service Provider in rendering the services hereunder are the Confidential Information of
the Service Provider.

4.3.2 The Parties shall handle any Confidential Information of the other Party with the same
degree of care as it would treat its own Confidential Information. The Parties agree that the
Confidential Information will be used only for the purposes of this Contract and shall not be
disclosed to any Third Party for any reason whatsoever.

4.3.3 The Service Provider shall not, without NHAI’s prior written consent, disclose the Contract,
or any provision thereof, or any specification, plan, sample of information furnished by or
on behalf of the Employer in connection therewith, to any person other than a person
employed by the Service Provider engaged in the performance of the Contract. Disclosure
to any such employed person will be made in confidence and will be extended as may be
necessary for the purposes of fulfillment of such performance. The Service Provider shall
ensure that no information about the software, hardware, database and the policies of
Employer is taken out in any form including electronic form or otherwise, from any of the
work site by the manpower posted by them. The obligations of confidentiality under this
section shall survive termination or expiration of this Contract.

4.3.4 At all times during the performance of the Services, the Service Provider shall abide by all
the applicable Employer’s security rules, policies, standards, guidelines and procedures.
The Service Provider agrees that before any of its employees or assignees is given access
to the Confidential Information, each such employee and assignees shall agree to be
bound by the term of this Contract and such rules, policies, standards, guidelines and
procedures of the Employer, which is followed by the Employer’s employees or agents.

4.4 Insurance: The Service Provider shall maintain at its own expense, professional liability
insurance including coverage for errors and omissions caused by Service Provider’s
negligence in the performance of their duties under this Contract; (A) for the amount
equivalent to total payments for remuneration and reimbursable expenditure made or
expected to be made to the Service Provider hereunder or (B) the proceeds that the
Service Provider may be entitled to receive from any insurance, maintained by the Service
Provider, to cover such a liability, whichever of (A) or (B) is higher. The Policy should be
issued only from an insurance company operating in India. The Service Provider shall not
cancel the policy mid-term without the written consent of the Employer and shall submit an
undertaking from the Insurance Company in this regard.

4.5 Actions Requiring Employer’s Prior Approval: The Service Provider shall obtain prior
approval in writing from the Employer before taking any of the following actions :

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 (a) entering into a subcontract for the performance of any part of the Services;
(b) deploying such members of the Personnel not listed by name in Appendix B
(“Details of Personnel to be deployed”); and
(c) any other action that may be specified in writing by the Employer.

4.6 During the term of this Contract, the Service Provider shall refrain from directly or indirectly

(a) Recruiting, hiring, engaging or attempting to recruit, hire or engage or discuss

employment with or otherwise utilize the services in any capacity of any person who
has been an employee of the Employer or associated with Employer’s work through
other contractor/ consultant/ Service Provider for rendering services under this
Contract; or
(b) Induce any person who shall have been an associate of the other contractor/
consultant/ Service Provider at any time to terminate his/ her relationship with the
other.

4.7 Reporting Obligations: The Service Provider shall furnish to the Employer, periodic
reports for monitoring of their performance on service level under this Contract. The type of
reports and their frequency of submission are available in Schedule-IV of this Contract.
The Employer reserves the right to modify the list of reports/ their frequency specified in
Schedule-IV at any point of time without incurring any additional liability.

4.8 Right & Ownership of equipments or software or documents:

4.8.1 All specifications, designs, flow-charts, reports and other documents and software
submitted by the Service Provider under this Contract shall become and remain the
property of the Employer, and the Service Provider shall, not later than upon termination or
expiration of this Contract, deliver all such documents and software to the Employer,
together with a detailed inventory thereof.

4.8.2 All Services rendered by the Service Provider under this Contract and the equipments or
documents of such Services including but not limited to written materials manifested in
programs, design documentation, disks, and tapes shall belong to the Employer.

4.8.3 All documentation, wherever called for, shall be in good, simple and concise English using
accepted technical terms and symbols. All documents, except for the standard
documentation that accompanies the appropriate hardware and software shall be made
available in hard copy and/ or soft copy to the Employer. All such documents shall have
comprehensive index to facilitate quick reference. All printed documentation shall come
with ring folders and proper font size labels. The documentation shall be properly arranged
and sorted.

4.8.4 The Service Provider shall be responsible for the provision of adequate and suitable
documentation wherever applicable. All documentation shall be completed and delivered to
the Employer. The Service Provider shall provide satisfactory answers to any reasonable
queries raised by the Employer concerning any information stated in the documentation.

4.8.5 On the completion of Contract Period, the Service Provider shall handover the source
code, all related documents and shall demonstrate that the source code is executable. In
summary, the Service provider shall be responsible for technology transfer of the system in
such a way that the same can be put to use by the Employer after conclusion of the
Contract through alternate resources. The technology transfer procedures shall be
completed before submission of final bills on completion of the Contract or within 21 days
of earlier termination of the Contract.

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4.8.6 The Service Provider or its deployed personnel, by virtue of working on NHAI project, can’t
claim any rights on the work performed by them. The Employer shall have absolute rights
on the work assigned and performed by them. Neither any claims of the Service Provider
nor its deployed personnel shall be entertained on the deliverables.

5. SERVICE PROVIDER’S PERSONNEL

5.1 Description of Personnel: The titles, agreed job descriptions, minimum qualifications, and
estimated periods of engagement in the carrying out of the Services of the Service
Provider’s Personnel are described in Appendix B. The Personnel listed by title as well as
by name in Appendix B are to be deployed by the Service Provider subject to approval of
the Employer after screening/ interview as envisaged in the TOR.

5.2 The Personnel of the Service Provider deployed at the Employer shall not be assigned jobs
other than that of the Employer during the Contract Period. The Employer may use the
services of these Personnel in any of the offices/ sites of the Employer throughout the
country and the period for which their services are required at such locations shall be
indicated by the Employer from time to time.

5.3 All leave and/ or absence of the Personnel posted at the Employer shall have to be
planned in advance and proper replacement to be made available. In order to meet the
contingency arising out of sudden and unplanned absence of deployed resources/
Professionals, the Service Provider may get the profile of panel of professionals proposed
to be substituted, approved from the Employer at the commencement of the Contract and
at such intervals as required.

5.4 Neither the Service Provider nor any employee of the Service Provider or any Personnel
deployed by the Service Provider, who has been assigned the job to provide Services
under this Contract shall be or shall be deemed to be an employee of the Employer for any
purpose whatsoever. In conformance with and without limitation on any application of the
foregoing statement, the Service Provider shall be solely responsible for payment of
compensation and any other costs to its employees/ agents/ associates, including any
amounts that may be due as prevailing wage under applicable law to Service Provider’s
employees/ agents/ associates who are assigned to perform Services of the Employer
under this Contract. The Service Provider shall furnish the Employer with a written
declaration that the payments of all statuary obligations have been/ will be made by the
Service Provider itself and that the Employer is indemnified from such obligations. Such a
declaration shall accompany the payment requests made by the Service Provider.

5.5 Removal and/ or Replacement of Personnel :

5.5.1 Except as the Employer may otherwise agree, no changes shall be made in the Personnel.
If, for any reason beyond the reasonable control of the Service Provider, it becomes
necessary to replace any of the Personnel, the Service Provider shall provide as a
replacement a person of equivalent or better qualifications. Such replacement shall be
made with prior approval of the Employer.

5.5.2 In the event of any of the Personnel of the Service Provider having committed serious
misconduct, or have been charged with having committed a criminal action, or is not
performing satisfactorily or not following any security rules, standards, guidelines, policies,
or procedures of the Employer; the Service Provider shall, at the Employer’s written
request specifying the grounds therefore, provide as a replacement a person with
qualifications and experience acceptable to the Employer.

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5.5.3 If any member of the approved team of the Service Provider engaged by the Employer
leaves the Service Provider before completion of the Contract, he should be barred for a
period of 6 months to 24 months from being engaged as a team member of any other
Service Provider/ consultant working (or to be appointed) for any other Employer’s
projects.

5.5.4 For replacement of Personnel, the Service Provider shall offer CVs of 2-3 alternatives of
the concerned Personnel and the decision to choose among them will be that of the
Employer. If any Personnel are to be replaced, the substitute may be interviewed by a
committee constituted by the Employer to assess their merit and suitability. In exceptional
situations where the replacement with equivalent or better qualification is not available,
replacement with lower qualifications than the originally approved may be accepted with
reduction in remuneration as per the procedure prescribed in Works Manual. This kind of
relaxation shall however, be limited to replacement of certain number of Personnel only, to
be decided by the Employer.

5.5.5 During the transition period, the Service Provider shall depute an ad-hoc resource to fill-up
the gap period. However, the ad-hoc resource should meet the minimum qualification and
experience of the resource against whom he has been deputed, other-wise, no payment
shall be made against such resource. The Service Provider shall have no claim for
additional costs arising out of or incidental to any removal and/ or replacement of
Personnel.

5.5.6 If the Service Provider replaces any personnel deployed under this Contract for the
reasons other than removal by the Employer under clause 5.5.2 above/ attrition/ death/
extreme medical ground, the Employer may take following action against the Service
Provider :
Sl.
Cause Action by the Employer
No.
(i) Replacement of Personnel up to Remuneration payable to the Service
33% of total Personnel Provider shall be reduced by 5%
(ii) Replacement of Personnel between Remuneration payable to the Service
33% to 50% of total Personnel Provider shall be reduced by 10%
(iii) Replacement of Personnel between Remuneration payable to the Service
50% to 66% of total Personnel Provider shall be reduced by 15%
(iv) Replacement of Personnel beyond The Employer may initiate action either for
66% of the total Personnel termination of the Contract or debarment of
Service Provider for future projects of NHAI
for a period of 6 months to 24 months or
both.

6. OBLIGATIONS OF THE EMPLOYER

6.1 Services and Facilities: The Employer shall make available to the Service Provider the
Services and Facilities listed under Schedule-V.

6.2 Change in the Applicable Law: If, after the date of this Contract, there is any change in
the Applicable Law with respect to taxes and duties which increases or decreases the cost
of the Services rendered by the Service Provider, then the remuneration and reimbursable
expenses otherwise payable to the Service Provider under this Contract shall be increased
or decreased accordingly by agreement between the Parties, and corresponding
adjustments shall be made to the amount referred to in Clause 7.1 hereof.

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7. PAYMENTS TO THE SERVICE PROVIDER

7.1 Total Remuneration: The remuneration payable to the Service Provider shall not normally
exceed the Contract Price during the validity period of the Contract. However, while
calculating the total remuneration paid to the Service Provider, costs of travel reimbursed
by the Employer in accordance with Clause 12.15 shall not be taken in to account. In case
the Contract is extended beyond the initial Contract period as stipulated in the tender
conditions, the total remuneration shall increase by an amount agreed by the Parties in
accordance with the financial proposal of the Service Provider accepted by NHAI.

7.2 Contract Price: The Contract Price shall be equivalent to the cost of Services for the initial
Contract period payable by the Employer as per financial proposal of the Service Provider.
This price shall be used for determination of amount for Performance Security.

7.3 Payment for Additional items (Personnel or maintenance of IT equipments): For the
purpose of determining the remuneration due for additional Personnel requisitioned by the
Employer, a break down of the costs is available in Appendix A. Additional manpower may
be required by the Employer and the Service Provider shall provide the same as a variation
to this Contract subject to the condition that the value of such additional manpower will not
be more than 25% (twenty five percent) of the awarded Contract Price. The Personnel
deployed by the Service Provider to provide back-end support in case of any eventuality
shall not be treated as additional manpower under this Contract and shall not be
reimbursed by the Employer. Similarly, in case of variation in quantity as per actual
requirement during the term of the Contract, the payment to the Service Provider shall be
made on the basis of unit rate as per actual quantity for which maintenance service is
rendered by the Service Provider.

7.4 Terms and Conditions of Payment:

7.4.1 Payments under different schedule shall be released from:-

SCHEDULE-I

Sr. Work/ Services Payment to Payment

No. be made from Periodicity
Quarterly in arrears
against the
Maintenance of existing software(s)
application
1. i.e. Computerised Project Information NHAI HQs
maintained certified
System (CPIS, e-PFMS
by the user
department
• 80% after
development of
Refurbish existing NHAI website by website
re-designing and development and • 20% will be paid
2. NHAI HQs
maintenance of the existing and new along with next
website. quarter payment
of Sl. No. 1
above

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 • 80% after supply
of software
licenses and its
Upgradation of off-the-shelf software installation
3. NHAI HQs • 20% will be paid
licenses
along with next
quarter payment
of Sr. No. 1
above
Development, testing and On actual basis after
maintenance of the Software as per completion of the
4. NHAI HQs work
NHAI requirement

7.4.2 The amount due for providing the Services shall be payable quarterly in arrears on
satisfactory performance and submission of Pre-receipted bills in triplicate subject to
following conditions :

(a) The payment to the Service Provider shall be made on the basis of unit rate as per
actual quantity for which maintenance service is rendered by the Service Provider.

(b) The Payments to the Service Provider shall be made on the basis of the man months
of the Services provided at NHAI locations anywhere in the country after necessary
deductions for absence, damages etc.

(c) All payments to the Service Provider shall be made subject to deduction of TDS (Tax
deduction at Source) as per the Income Tax Act, 1961, damages for late payments
and other taxes if any as per Government of India rules.

(d) The following conditions should be met for release of payment :

(i) The Service Provider shall raise and submit to NHAI pre-receipted bills in triplicate
for the respective quarter based on actual number of IT equipments under
maintenance and approved man-months rates for the number of days worked in a
5
month as per attendance record duly verified by the representative of the
Employer.

(ii) The Service Provider shall make timely payment of salary/ compensation to their
Personnel deployed for providing Services to the Employer against this Contract.
The certificate of timely payment of salary/ compensation to their Personnel should
be sent to the Employer along with the bills. The certificate shall indicate the due
date of such payment and actual date of payment against each Personnel and
shall be supported by proof of payment in the form of acquaintance roll, duly
signed with date to the individuals concerned for the bank name, draft/ECS
number, date and amount paid to the outstation Personnel.

(iii) The Service Provider shall submit a copy of the appointment/ deployment letter
issued to the deployed Personnel along with the first bill for claiming remuneration
for the Services provided to the Employer.

(iv) The persons engaged/employed by the Service Provider shall be working

exclusively under the Service Provider for the Services provided under the

5
The NHAI Representative may cross-check the attendance of the Personnel deployed by the Service
Provider from electronic Record before verification.

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 Contract and the same shall not indulge in any other work/ assignment apart from
the Services mentioned under the Contract.

(v) The Service Provider shall not receive any remuneration in connection with the
assignment, except or otherwise, provided in the Contract.

7.4.3 Delayed Payments: No interest shall be payable for delayed payments in case the
Service Provider fails to submit invoices along with requisite documents in time.

7.4.4 Changes in the Payment terms: In case the provisions of payment terms change in
any manner, the parties agree to change the sum of consideration as per mutual
agreement. Such changes, if any shall be treated as variation to the Contract.

7.4.5 SETTLEMENT OF DISPUTES

(i) Amicable Settlement: The Parties shall use their best efforts to settle amicably
all disputes arising out of or in connection with this Contract or its interpretation.

(ii) Arbitration:
In the event of any dispute or difference arising out or connected to this
Contract and/ or in relation to the implementation or interpretation hereof, the
same shall be resolved initially by mutual discussion and conciliation but in the
event of failure thereof, the same shall be referred to Sole Arbitrator (The
Chairman of NHAI or his nominee) and the decision of the Sole Arbitrator shall
be final and binding upon the Parties. The arbitration shall be held in Delhi and
the Sole Arbitrator shall give his award in accordance with “The Arbitration and
Conciliation Act, 1996”. In this clause the expression “Chairman, NHAI” shall
also include any person who for the time being is the administrative head of
NHAI or any person for the time being is officiating as Chairman, NHAI.
In the event of death of the Sole Arbitrator, or he neglects or refuses to act or
resigns or is unable to act for any reason or his award being set aside by the
Court for any reason it shall be lawful for the Chairman, NHAI or his nominee to
appoint another arbitrator in place of outgoing arbitrator in the manner
aforesaid.

(iii) Jurisdiction: This Contract shall be subject to the exclusive jurisdiction of

the courts in Delhi.

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 SCHEDULE – II

SPECIAL CONDITIONS OF THE CONTRACT

1. This Contract shall come into effect from _______________.

2. The Service Provider shall commence the Services from ____________.

3. This Contract shall stand expired on ____________ unless extended by NHAI.

4. The Authorized Representatives are :

For the Employer : 1. Mr. , Manager (P&IS)

E-mail : @nhai.org
2. Mr. , GM (P&IS)
E-mail : @nhai.org
For the Service Provider : 1. Mr.
E-mail :
2. Mr.
E-mail :

5. The addresses are :

For the Employer : National Highways Authority of India

G–5&6, Sector–10, Dwarka
New Delhi – 110075
Facsimile : 011 – 25074100 (Extn: 2317)
For the Service Provider :

Facsimile :

6. The service window shall be :

Location Working Days Service Mode of

Time delivery
NHAI, Head Office, Dwarka, New Monday to Saturday
Delhi/ RIS Centre at STPI Okhla/ IDC 09:30 am On site
at Greater Kailash and/ or other 9 hrs a day excluding National/ to
locations within Delhi/ NCR. Gazetted holidays. This 06:30 pm
includes lunch hrs.

Note:
(i) The Service Timing of the personnel working under this Contract shall be as per the
Applicable Law. However, the same shall be in such a manner that the Services are
available all the time.
(ii) As per requirement of NHAI, the resources may be required to provide Services
beyond these hours including holidays. For this no additional payment shall be
made. However, compensatory off may be provided to the concerned resource at the
convenience of NHAI, subject to the condition that the service level does not
deteriorate at any time.

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7. REPRESENTATIONS AND WARRANTIES :

7.1 The Service Provider warrants that each of the individuals engaged in the performance of
the Services shall be adequately experienced and trained by the Service Provider before
the individual is assigned to perform the Services. If payment under this Contract is based
on whole-time charges or on part-time charges, the Service Provider shall not replace any
one of such individuals performing the Services with another individual until the replaced
individual has received such experience and training from the Service Provider.

7.2 The Service Provider represents and warrants that it has all requisite power and
authorization to enter into and perform this Contract and that nothing contained herein or
required in the performance hereof conflict or will conflict with or give rise to a breach or
default under, or permit any person or entity to terminate, any contract or instrument to
which the party is bound.

7.3 Except for the warranties expressly mentioned hereunder, the Service Provider excludes
and disclaims all warranties, conditions or statements, whether express, implied or
statutory, including, without limitation, the implied warranties of merchantability and fitness
for purpose.

7.4 Service level warranty: The Service Provider warrants the Employer that it will be able to
deploy the requisite manpower resources for the Services without any substantial delay
and that in case of failure to meet the required performance level; it shall be liable to pay
damages in terms of penal provisions of the Contract.

8. INDEMNITY:

8.1 The Service Provider shall indemnify the Employer of all legal obligations of its
professionals deployed for the Employer’s project. The Service Provider shall and does
hereby indemnify and hold harmless the Employer from any loss, liability, damage or
expense arising from or in connection with:

(a) any claim that the personnel provided by the Service Provider, or any other
assignees of the Service Provider are employees of the Employer for any
purpose;

(b) Any claim that the Service Provider or its associate/ sub-vendor/ Sub-Contractor
has failed to compensate its employees, including the payment of prevailing wages
in accordance with the applicable law;

(c) Any claim that the Service Provider has not complied with any wage and/ or
employment laws, rules regulations or common law.

(d) Any liability on account of death or injury sustained by the Service Provider’s
Personnel/ employee during the performance of this Contract and also for any
damages or compensation due to any dispute between the Service Provider and
its employees.

8.2 The Service Provider hereby agrees to indemnify, defend and save NHAI harmless, from
and against any and all loss, damage or liability of any kind whatsoever (“Claims”) to which
the Employer may be subjected by reason of the breach of this Contract solely
attributable to the Service Provider or breach of any one of the foregoing
representations and warranties, or incurred in the settlement or avoidance of such claims.
The Employer being indemnified shall endeavor to provide prompt notice of the assertion

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 of the claim thereof and afford the Service Provider the opportunity to assume control of
the defense and/or settlement thereof.

8.3 The Employer shall and does hereby indemnify and hold harmless the Service Provider
from any loss, liability, damage or expenses arising from or in connection with failure of the
Employer to procure minimum number of the hardware(s)/ software(s) as well as required
licenses of the software(s), which are essentially required for hosting, implementing and
using the system/ application/ database.

9. PENAL PROVISIONS:

9.1 The Service Provider shall deploy the requisite manpower and spare parts/ resources for
maintenance of IT equipments within 45 days, if feasible of signing of Contract by the
Employer. Beyond 45 days, a sum of Rs. 500/- per day per person will be levied for a
period of 45 days and after that the Contract may be terminated and Performance Security
shall be forfeited.

9.2 It is the responsibility of the Service Provider to procure the performance/ attendance
report for its deployed Personnel from the Employer’s representative in the first week of the
succeeding month. The Service Provider shall ensure that salaries are given to the
deployed personnel in time. Any delay, beyond ten working days from the receipt of the
satisfactory performance/ attendance report, will attract damages of a sum of Rs. 250/-
(Rupees Two hundred fifty only) per day per person. The damages will be applicable for 20
days beyond which the Employer reserves the right to pay the personnel at the specified
rate and adjust the amount so paid to the personnel from the outstanding dues of the
Service Provider or from the Performance Security. In case of occurrence of such event for
the first time, the Employer reserves the right to seek additional performance security
equivalent to 10% of the Contract Price. In case of occurrence of such event subsequently,
the Employer may resort to termination of the Contract and forfeiture of Performance
Security.

9.3 Late Coming/ Early Leaving: Every three (3) incidents of late coming/ early leaving of a
particular resource in a month would be treated equivalent to one absent and in that case
there will be deduction of per day payable price for the specified resource.

9.4 Absenteeism: As and when any resource goes on leave or not available, a suitable
backup with equivalent qualification and experience shall be deployed immediately.

9.5 Minor Failure: Minor failure is said to have occurred: (i) If there is delay in generation of
MIS/ other reports as per requirement, etc.; or (ii) If there is problem in working of the
Employer’s website viz. opening of web pages, access of various links in the web pages
etc. In such circumstances, the Service Provider shall be required to rectify the problem
within 1 (one) day from the date and time of reporting, failing which, a damages for delay in
resolution of minor failure @1% of ‘cost of that quarter payment’ per week of delay may be
imposed. For a delay in resolution of minor failure beyond 2 weeks, the Employer may, at
its discretion, decide to get the problem resolved from any other source at the risk & cost of
the Service Provider and in such circumstances, the cost of such work outsourced shall be
recovered from the Service Provider. In case the SLA parameters as defined in TOR are
not met, the damages shall be as defined against each SLA parameter.

9.6 Major Failure: Major failure is said to have occurred: (i) If the Service Provider fails to
maintain the existing software application(s)/ database(s)/ website(s) or otherwise leading
to functional problems in the database(s)/ website(s); or (ii) In case application software or
other software such as SQL, MS projects, operating system or GIS related software or any
other software functionality, become non-operational (except due to hardware failure). In
such circumstances, the Service Provider shall be required to rectify the problem within 24

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 hours from the time of reporting, by re-installation or other-wise, failing which damages
@2% of ‘cost of that quarter payment’ per day of delay may be imposed. For a delay in
resolution of major failure beyond 7 days, the Employer may, at its discretion, decide to
terminate the Contract and forfeit Performance Security. In addition to the damages as
mentioned above, the Employer may, at its discretion, get the problem/ fault rectified from
any other source at the risk & cost of the Service Provider. In such case the cost of such
work outsourced shall be recovered from the Service Provider and damages shall be
imposed at the rates applicable as above for the actual period of problem/ fault. Similarly,
for maintenance of IT equipments, the severity level would decide the quantum of
damages to be imposed.

9.7 These penal provisions shall be applicable from the date of start of services. In case NHAI
asks for replacement of a resource then the Service Provider shall be allowed 7 days time
to provide alternate resource. For this period no damages shall be imposed except pro-
rata reduction of remuneration for that resource. In case the Employer does not require a/
some resource(s) for some period than no damages shall be imposed except pro-rata
reduction of that resource.

10. LIMITATION OF LIABILITY :

10.1 One or more damages may be imposed concurrently; however, the same shall be limited
to 10% of the Contract Price. Once the amount of damages is equal to 10% of the Contract
Price, the Employer, at its discretion, may consider termination of the Contract as well as
forfeiture of Performance Security.

10.2 Notwithstanding anything to the contrary in the Contract, in no event shall either Party be
liable, whether in contract, tort, or otherwise, for special, punitive, indirect or consequential
damages, including, without limitation, loss of profits or revenues arising under or in
connection with this Contract even if such Party has been advised in advance of their
possibility.

11. PROFESSIONAL LIABILITY:

11.1 The consultant will be expected to carry out the assignment with due diligence and in
accordance with prevailing standards of the profession. He will always act, in respect of
any matter relating to the Contract or the Services, as faithful adviser to the Employer and
will at all times support and safeguard the Employer’s legitimate interests in any dealing
with the subcontractors or third parties. He shall be responsible for accuracy of data
(whether collected directly by him or procured from other agencies / authorities), the
designs, drawings, estimates and all other details prepared by him as part of the Services.
He shall indemnify the NHAI against any negligence, deficiency in Services. He shall
indemnify the NHAI against any negligence, deficiency in Services, or inaccuracy /
deficiency in the work that might surface during implementation of the project. The
consultant will also be responsible for correcting at his own cost, the drawings including
any re-survey / investigation and correcting layout, if required.

12. PROFESSIONAL LIABILITY INSURANCE:

12.1 Professional Liability Insurance, more commonly referred to as professional Indemnity

Insurance, is a mechanism to transfer all or part of the risk to an insurance company for
payment to those who are entitled to be compensated for their losses to the negligent
performance of a duty of care by the professional.

12.2 The consultant shall provide to the NHAI a Professional Liability Insurance (PLI) for a
period of five (5) years or as per applicable law, whichever is higher, after completion of
services. The liability to the NHAI shall be limited to not less than the total payments

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 expected to be made under the consultant’s contract, or the proceeds the consultant is
entitled to receive under its insurance, whichever is higher.

13. PROVIDING SERVICES / SUPPORT :

13.1 For the deployment of technical professionals on the Employer’s projects, the Service
Provider, on demand from the Employer, shall forward list of eligible candidates. A
Committee from the Employer will select the candidates for deployment to the project. The
Service Provider shall deploy only the recommended candidates to the project. The names
of candidates, rejected by the committee shall not be forwarded again for a period of three
months.

13.2 In case the Service Provider fails to submit list of eligible candidates, on demand, to the
Employer three (3) times in a row, this Contract shall be terminated and Performance
Security forfeited.

13.3 The Service Provider shall deploy the requisite manpower within the time specified in the
work order, failing which penal provisions shall be applicable.

13.4 For the manpower deployed, the Service Provider shall keep with them, their present and
permanent address (with proof), educational and technical qualification details, specimen
signature, two (2) passport size photographs and furnish these details/ information to the
Employer, as and when required.

13.5 The personnel deployed by the Service Provider shall maintain office decorum. They will
be courteous, polite and cooperative and able to resolve the problems notified by the
Employer’s staff/ officer. The Service Provider shall verify the character antecedents before
deploying any person at the Employer. The deployed professionals of the Service Provider
shall wear the identity cards issued by the Service Provider in the name of the person at
their respective places of work. The Personnel hired from the Service Provider shall report
to the Employer, who will be assigned the specific tasks as per job profile given in the
TOR. For security reasons, Personnel deployed by the Service Provider to perform the
Services at the Employer’s premises shall also comply with the rules of the Employer.

13.6 The Service Provider shall be responsible for any damage to equipments, property
including any computer and accessories, cable, electric lines etc. and third party liabilities
caused by acts on part of its deployed manpower at the Employer’s premises. For any
established damage the extent of damage as decided by the Employer will be final and
binding on the Service Provider and the Service Provider shall make good the damages at
their expenses or in default, the Employer can deduct the expense from any sums that may
be due or at any time thereafter become due to the Service Provider under this Contract or
otherwise. All equipment will be used only for the purpose of carrying out legitimate
business of the Employer and will not be put into any other use. Service Provider shall also
be responsible for accidents attributable to him, during course of the execution and shall be
liable for paying compensation to his staff as well as to the Employer for the damages to IT
infrastructure. Such damages shall not be counted towards limitation of liability.

13.7 The Service Provider would be expected to provide technical professional support for
“Selection of service provider for providing software services at NHAI offices”. Such
support would be for a definite period and will not amount to any kind of employment
obligation on the part of the Employer.

13.8 The Service Provider or its deployed personnel, by virtue of working on the Employer’s
project, can’t claim any rights on the work performed by them. The Employer shall have
absolute rights on the work assigned and performed by them. Neither any claims of the
Service Provider nor its deployed personnel shall be entertained on the deliverables.

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13.9 Service outage: Under this Agreement, Service outage will be deemed to have occurred,
if the Service Provider fails to supply requisitioned manpower for a prescribed period or
fails to timely pay salary to its deployed Personnel or fails to ensure smooth running of
software systems/ applications. The Service Provider shall be liable to pay damages in
terms of penal provisions of the Contract.

13.10 The Service Provider shall be liable for any breach, non-performance or delay in carrying
out any obligation contained in the Contract.

13.11 The Service Provider shall maintain an attendance register at their Helpdesk in NHAI
where attendance of all resources shall be recorded. The Employer can, if required, get it
verified with its access control system.

13.12 The Service Provider shall provide the Services themselves. If sub-contracting for
specialized work is required, the Service Provider shall take prior permission from the
Employer. Under all circumstances the value of works sub-contracted by the Service
Provider should not exceed 25% of the total value of the Contract. The Service Provider
shall be solely responsible to ensure compliance of all obligations under the Contract
including labour laws, safety of its manpower and statutory tax liability etc.

13.13 The professional resources may also be required to be sent out side facility management
location to the Employer’s other offices in the country for limited period. The travel
expenses etc. would be reimbursable as per relevant provisions in this Contract. All travels
should be authorized by nodal officers of the Employer as mentioned in Clause 2.6 of
GCC. The Service Provider shall submit a separate bill for travel related reimbursements
giving details of the approved travels made by their staff.

13.14 For local travel in Delhi and/ or around Delhi (i.e. NCR) etc. the local conveyance charges
payable shall be at the rate as applicable to the Employer’s staff (for bus/ three wheeler/
taxi etc. as authorized by the Employer representative based on urgency of requirement).
However, if there is a change of location of duty of any resource within Delhi/ NCR
continuously for more than one day, local travel expenses shall not be payable in such
cases.

13.15 For outstation travel the charges shall be reimbursable limited to the amounts calculated
based on the entitlements enumerated in the table below:

Sl. No. Description Payable amount

Reimbursement for Travel by As per actual limited to AC II Tier fare on Mail/
1.
Railway Express/ Rajdhani/ Shatabdi
As per actual fare paid for AC/ Deluxe Bus or
Reimbursement for Travel by
2. Non-AC Taxi limited to maximum of Rs. 8 per
Road
km. of travel
Reimbursement for
3. Subsistence expenses Rs. 400/= per day
(including journey period)
As per actual subject to maximum of Rs. 8 per
Reimbursement for Local
4. km of travel limited to a maximum of Rs. 500/=
travel
per day
Reimbursement for Lodging As per actual subject to a maximum of Rs.
5.
expenses 2500/= per day

13.16 Performance Standard: The Service Provider shall perform the services with the highest
standards of professional and ethical competence and integrity. The Service Provider shall
promptly replace any employee assigned under this Contract that the Employer considers

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 unsatisfactory. The Service Provider shall not remove any employee/ assignee from site
(except due to reason of health or other emergencies) without the express permission of
the Employer.

13.17 The Service Provider shall be solely responsible for the maintenance of databases,
programming, and website updation and the Employer shall not be liable to interact with
any of the partners/ collaborators or subcontractors of the Service Provider.

13.18 The Service Provider shall have adequate Technical Support Centers to meet the criteria
for database management, programming, and website updation services. The Service
Provider shall furnish the names, locations, complete postal address, Telephone numbers
and FAX numbers of all Technical Support Centers at the time of signing the Contract.

13.19 The Service Provider shall also provide the name of alternate contact person or Technical
Support Center with address & telephone /FAX no., which may be contacted by the
Employer or its authorized agency staff for support in case of no response/ poor response
from the designated Technical support center. This, however, shall not preclude the
Employer from imposing the damages, if any, as applicable as per the terms & conditions
of this tender.

13.20 Any change in Address, Phone number, FAX Number etc shall have to be intimated in
writing by the Service Provider to the concerned in-charge of the Employer at the earliest.
If the concerned in-charge of the Employer is unable to report the faults to the normally
assigned Technical support Center due to the change of phone number etc. the fault will
be treated as reported and the Service Provider shall be responsible for rendering all the
maintenance support services to the affected station as per the terms and conditions of this
Contract.

13.21 The Service Provider shall ensure that all the Technical Support Centers are manned by
fully competent and responsible technical personnel, who are capable of providing required
services as per terms and conditions of the Contract.

14. REVIEW OF PERFORMANCE :

The Employer shall review from time to time, the performance reports provided by the
Service Provider. The Employer may suggest any modifications/ changes considered
necessary in presentation of reports for better monitoring. Based on the review of
performance, the Service Provider/ its personnel shall be adjudged performing or non-
performing and appropriate action shall be taken by the Employer under this Contract.

15. FORFEITURE OF PERFORMANCE SECURITY

In the event of forfeiture of Performance Security by the Employer before termination of the
Contract, in accordance with the terms of this Contract, the Service Provider shall replenish
the same within ___ days of the forfeiture thereof.

16. EXTENSION OF CONTRACT:

The initial duration of contract will be of 3 (three) years. The Employer reserves the right to
extend the Contract by additional 2 (two) years, beyond the initial Contract Period of 3
(three) year subject to satisfactory performance by the Service Provider and continued
requirement of the Employer. If extended, the service provider shall be entitled to claim
15% enhancement in the agreed rates for first year.

17. WARRANTY

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The bidder shall provide 24x7 problem resolution support for 3 years from the date of
acceptance of any new software. Acceptable response intervals are 8 hours from the time
the problem is reported for a non-emergency and a 2-hour emergency response interval.

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 SCHEDULE – III

DESCRIPTION OF THE SERVICES

The required services shall be as defined in the TOR

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 SCHEDULE – IV

REPORTING REQUIREMENTS FOR MONTORING OF SERVICE LEVELS

Following reports should be submitted in time:

6
• Daily activity report of each Personnel . Monthly summary shall also be provided.
• Monthly availability of manpower and absentee statement for the personnel deployed by the
Service Provider.
• Monthly report on the additional reports, features created.
• Monthly report on development of new software(s)/ database(s) as well as enhancement(s) in
existing software application(s)/ database(s).
• Monthly report on review of any threat to the security of the data/ application and remedial
action taken.
• Monthly report on numbers of NHAI staff trained, assisted on phone at PIU’s.
• Monthly report on performance monitoring, housekeeping and backup taken.
• Monthly availability and outage report for the software applications.
• In case of failure of a software application, periodic action taken report for its restoration.
Periodicity of such report shall depend on the criticality of software application.
• Any other report which NHAI may ask to provide.

Quarterly summary of above monthly reports shall also be required to be submitted.

6
Please refer Appendix H for format.

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 SCHEDULE – V

FACILITIES TO BE PROVIDED BY NHAI TO THE SERVICE PROVIDER

FOR PROPER DELIVERY OF THE SERVICES

NHAI shall provide the following inputs/ facilities to the Service Provider/ its Personnel for the
proper delivery of the Services:
1. Adequate sitting space, storage space and telephone connections for Service Provider’s
Personnel.
2. E-Mail accounts for Service Provider’s Helpdesk.
3. Names and contact numbers of the NHAI Officers who need to be contacted if an issue
needs to be escalated by the Service Provider.
4. List of vendors with whom the Service Provider shall need to co-ordinate. For each vendor
– Name of contact persons, telephone numbers, escalation matrix and the maintenance
contract (if any) entered into.
5. Adequate media and necessary hardware and software resources – for carrying out
backup and restoration drills.
6. Adequate space to store the backed up media.
7. NHAI shall appoint its representative who shall endorse all minutes of meetings produced
by the Service Provider. He shall check that deliverables of the Service Provider are
completed on schedule. He shall also ensure that the quality of the deliverables meets
contractual expectation. He shall be the single point of contact to the Service Provider’s
Team. He shall be provided by the Service Provider with all assistance and information as
may be required to effectively perform his role.

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 Appendix A

Copy of Financial Bid showing breakdown of Contract Price

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 Appendix B

Copy of Letter of Award issued by NHAI

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 Appendix C

Copy of Letter of Acceptance submitted by

the Service Provider (M/s _______________)

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 Appendix D

Copy of Performance Security submitted by

the Service Provider (M/s _______________)

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 Appendix E

Copy of authorization/ Power of Attorney in favour of authorized representative of the Service

Provider
(M/s _______________) authorizing him to sign this
Contract

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 Appendix F

Copy of the Tender Document and any addendum thereof

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 Appendix G

Name of the Service Provider :

Daily Performance Report

Customer : NHAI Location : New Delhi Date :
Sl. No. Name of Personnel Assignment Start Time End Time Status/ Remarks
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Signature :
(Name : )
(Team Leader)

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 PART-IV

ANNEXES

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 Annexure-I

Format for submission of Earnest Money Bank Guarantee (EMBG)

(If Bid Security is provided as EMBG)
(To be stamped in accordance with Stamp Act if any, of the country for issuing bank)

Ref.: Tender No. 11013/260/2012/IT Dated: 25.09.2012

Bank Guarantee No.: Date:

Whereas, _________________(Name of Bidder) _____ (hereinafter called “the Bidder”) intends to

submit his Bids for the Tender No. 11013/260/2012/IT Dated: 25.09.2012 for Selection of service
provider for providing software services at NHAI offices (Hereinafter called “the Bid”).

Know all men by these presents that We, [Name of Bank] of [Name of Country] having our
registered office at ________________ (hereinafter called the “Bank”) are bound unto National
Highways Authority of India, New Delhi (hereinafter called “the Client”) in the sum of Rs.
_________ (Rupees……………..Only) for which payment will and truly to be made to the said
Client the Bank binds himself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _______day of .

The conditions of this obligation are:

1. If the Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice; or
2. If the Bidder carries out any modification in the downloaded tender document while
submitting its proposal; or
3. If the Bidder withdraws his Bid during the period of Bid validity; or
4. If the Bidder does not accept the correction of errors of his Bid price in accordance with the
tender conditions; or
5. If the Bidder having been notified Successful Bidder by the Client during the period of Bid
validity :
a. fails or refuses to execute/ sign the Contract within the stipulated time frame; or
b. fails or refuses to furnish the Performance Security, in accordance with the
tender conditions.

We undertake to pay the Client the above amount upon receipt of his first written demand, without
the Client having to substantiate his demand, provided that in his demand the Client will note that
the amount claimed by him is due to him owing to the occurrence of one or any of the conditions,
specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including the date 165 (One hundred and Sixty Five)
days after the last date of submission of the tender as such deadline is stated in the Information to
Bidders or as it may be extended by the Client, notice of which extension(s) to the Bank is hereby
waived. Any demand in respect of this Guarantee should reach the Bank not later than the above
date.

Notwithstanding anything contained herein before, our liability under this guarantee is restricted to
Rs. ____________ (Rs._________________________) and the guarantee shall remain valid till
________. Unless a claim or a demand in writing is made upon us on or before ____ all our
liability under this guarantee shall cease.

(Authorised signatory)
With Bank Code No.
Date: / Place:
Signature of the witness / Name and address of the witness

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 Annexure-II

Format for submission of Performance Bank Guarantee (PBG)

(To be stamped in accordance with Stamp Act if any, of the country for issuing bank)

Bank Guarantee No.: Date:

Against contract awarded by National Highways Authority of India (NHAI) (hereinafter

called “NHAI”) to M/s _________ having its registered office at _____ and branch office at _______
(hereinafter called “Service Provider”) vide Letter of Award No. _____________ dated _________
against the Tender No. 11013/260/2012/IT Dated: 25.09.2012 for Selection of service provider for
providing software services at NHAI offices (hereinafter termed as “Contract”), this is to certify
that at the request of the Service provider, we, ______________ the Bank having its
Registered/ Head office at _______and branch at ____________________ are holding in trust,
in favour of the NHAI, the amount of Rs. _________ (Rupees ___________) to indemnify and
keep indemnified the NHAI against any loss or damage that may be caused to or suffered by the
NHAI by reason of any breach by the Service provider of any of the terms and conditions of the
said contract/and/or in the performance thereof.

2. We agree that the decision of the NHAI, whether any breach of any of the terms and
conditions of the said contract and/or in the performance thereof has been committed by the
Service provider and the amount of loss or damage that has been caused or suffered by the NHAI
shall be final and binding on us and the amount of the said loss or damage shall be paid by us
forthwith on demand, and without demur to the NHAI. The decision of NHAI in this regard shall be
final and binding upon the parties and the bank.

3. We, _______, the Bank further agree that the guarantee herein contained shall remain in
full force and effect during the period that would be taken for satisfactory performance and
fulfillment in all respects of the said contract by the Service Provider i.e. till ____ (viz., the date 365
days after conclusion of the contract) hereinafter termed as the said date and that if any claim
accrues or arises against us, we the Bank by virtue of this guarantee before the said date, the
same shall be enforceable against us. Notwithstanding the fact that the same is enforced within six
months after the said date, provided that notice of any such claim has been given to us by the
NHAI within this period. Payment under this letter of guarantee shall be made promptly within
seven days upon receipt of notice to that effect from the NHAI.

4. It is fully understood that this guarantee is effective from the date of the said contract and
that we______ the Bank undertake that no change or addition or modification of the terms of
the Contract or the work to be performed there under or any of the contract documents which
may be made between “The NHAI” and the Service Provider, shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.

5. We undertake to pay to the NHAI any money so demanded, notwithstanding any

dispute or disputes raised by the Service Provider in any suit or proceeding pending before any
court or Tribunal relating thereto, our liability under this present being absolute and
unequivocal. The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the Service Provider shall have no claim against us for
making such payment.

6. We ________ the Bank further agree that the NHAI shall have the fullest liberty,
without affecting in any manner our obligations hereunder to vary any of the terms and
conditions of the said contract or to extend time for performance by the Service Provider
from time to time or to postpone for any time any of the power exercisable by the NHAI
against the said Service Provider and is to forbear or Bank shall not be released from our

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liability under this guarantee by reason of any such variation or extension being granted to
the said Service Provider or for any forbearance by the NHAI or any other matter or thing
what-so-ever, which under the law relating to sureties would, but for this provision have the
effect of so releasing us from liability under this guarantee.

7. This guarantee will not be discharged due to the change in the constitution of the Bank or
the Service Provider.

8. Notwithstanding anything contained hereinbefore our liability under this bank guarantee is
limited to Rs. ______ (Rupees ______________) only and the guarantee shall remain valid till
_________; and unless a claim or demand under this guarantee is made on us in writing on or
before _________ all our liability shall cease.

(Authorized signatory)
With Bank Code No.
Date:
Place:

Signature of the witness

Name and address of the witness

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 Annexure-III

FORMAT FOR POWER OF ATTORNEY

Know all men by these presents, we ............................ (name of Firm and address of the registered
office) do hereby constitute, nominate, appoint and authorize Mr / Ms........................................
son/daughter/wife and presently residing at ........................................, who is presently employed
with us and holding the position of .................... as our true and lawful attorney (hereinafter referred
to as the “Authorized Representative”) 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
Proposal for and Selection of service provider for providing software services at NHAI offices
proposed to be developed by the ***** (the “Authority”) including but not limited to signing and
submission of all applications, proposals and other documents and writings, participating 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 and undertakings consequent to
acceptance of our proposal and generally dealing with the Authority in all matters in connection
with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us
till the entering into of the Agreement with the Authority.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused
to be done by our said Authorised Representative 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 Authorised
Representative 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 ...................., 20**
For
.......................................
(Signature, name, designation and address)
Witnesses:
1.

2.
Notarised Accepted
........................................
(Signature)
(Name, designation and address of the Attorney)
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.
• The Power of Attorney should be executed on a non-judicial stamp paper of Rs. 100
(hundred) and duly notarised by a notary public. Wherever required, the Applicant should
submit for verification the extract of the charter documents and other documents such as a
resolution/power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Applicant.
• 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, Applicants from countries that have signed the Hague
Legislation Convention 1961 need not get their Power of Attorney legalised by the Indian
Embassy if it carries a conforming Appostille certificate.

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