भारतीय राष्ट्रीय राजमार्ग प्राधिकरण ि ू भकष/ Phone:- 011-25074100/25074200

)यला ंम गर्ा ज कऔरकहव रप कड़स( फ़ैक्य /Fax:- 91-11-25093507/25093514

National Highways Authority of India
(Ministry of Road Transport and Highways)
औी 5-एगप 6, यैक्ट 01-, द्गक ाक, ाई दिल्ड़ी 00111 -
G-5&6, Sector-10, Dwarka, New Delhi- 110075

Corrigendum - III

NHAI/11013/NajibabadtoKotdwar/2021/E-107944 10.12.2021

To,

All Interested Bidders,

Sub: - 2-lane with paved shoulder of Najibabad Kotdwar section of NH-119 from Design Ch. 122+200
to Km. 137.760 (Existing Ch. 138.635) in the State of Uttar Pradesh. (Tender ID:-
2021_NHAI_90538_1)

Ref: - Tender No. NHAI/11013/NajibabadtoKotdwar/2021/E-107944 dated 05.10.2021

This is regarding above subject tender. The following amendment are made in the RFP and
DCA of the above subject project tender:-

(i) Amendment in RFP & DCA – Annexure-I and Annnexure-1A (regarding APBG)
(ii) Amendment in RFP & DCA on account of Circular dated 07.12.2021 – Annexure-II
(iii) Reply of Pre-bid Queries – Annexure-III
(iv) Revised Technical Schedules, GAD, P&P, Geo Tech Report etc. – Annexure-IV
(v) * NHAI Circular dated 16.11.2021- reg- FlyAsh

*
NHAI has issued Policy Circular for Fly Ash Annexing Circular issued by
Ministry of Power dated 22.09.2021. Bidders are requested to consider the said Circular
while submitting bids.
 Sub: - 2-lane with paved shoulder of Najibabad Kotdwar section of NH-119 from Design Ch. 122+200
to Km. 137.760 (Existing Ch. 138.635) in the State of Uttar Pradesh. (Tender ID:-
2021_NHAI_90538_1)

Annexure-I

Amendment in RFP & DCA

S. Clause Existing Clause Modified Clause

No. Reference
1 Clause The Bidder, including an individual or any of its Joint Venture The Bidder, including an individual or any of its
2.1.14 of member, should not be a non-performing party on the bid Joint Venture member, should not be a non-
RFP submission date. The Bidder, including any Joint Venture performing party on the bid submission date. The
Member, shall be deemed to be a non-performing party [1] (not Bidder, including any Joint Venture Member, shall
applicable to the project whose contract is terminated by the be deemed to be a non-performing party if it
Authority) if it attracts any or more of the following parameters: attracts any or more of the following conditions
i. Fails to complete or has missed more than two in any of its ongoing or completed project:
milestones in already awarded two or more projects, i. Fails to set up institutional mechanism
even after lapse of 6 months from the scheduled and procedure as per Contract.
completion date, unless Extension of Time has been ii. Fails to mobilize key construction
allowed on the recommendations of the Independent equipment within a period of 4 months
Engineer due to Authority's default; from the appointed date;
ii. Fails to complete a project, as per revised schedule, iii. Fails to complete or has missed any
for which One Time Fund Infusion (OTFI) has been milestone and progress not
sanctioned by the Authority; commensurate with contiguous
iii. Physical progress on any project is not commensurate unencumbered project length /ROW
with the funds released (equity+debt+grant) from the available even after lapse of 6 months
escrow account and such variation is more than 25% from respective project milestone
in last one year as observed by the Independent /Schedule Completion date, unless
Engineer in one or more projects; Extension of Time has been granted
iv. Punch List Items in respect of any project are pending due to Authority’s Default of Force
due to Bidder's default in two or more Projects even Majeure;
after lapse of the prescribed time for completion of iv. Fails to achieve progress
such items; commensurate with funds released
v. Fails to fulfil its obligations to maintain a highway in a from Escrow Account (Equity +Debt +
satisfactory condition inspite of two rectification Grant) in BOT or HAM project and
notices issued in this behalf; variation is more than 25% in the last
vi. Fails to attend to Non Conformity Reports (NCRs) 365 days;
issued by the Independent/ Authority’s Engineer on v. Fails to achieve target progress or
the designs/ works constructed by the Bidder pending complete the project as per schedule
for more than one year in two or more projects. agreed at the time of sanctioning of
vii. Fails to make premium payments excluding the funds under One Time Funds Infusion
current instalment in one or more projects. (OTFI) or relaxations to contract
viii. Damages/ Penalties recommended by the conditions to improve cash flow solely
Independent/ Authority’s Engineer on the Bidder on account of
during O&M period and the remedial works are not Concessionaire’s/contractor’s
taken up in two or more projects. failure/default;
ix. Fails to achieve financial closure in two or more vi. Fails to complete rectification
projects within the given or extended period (which (excluding minor rectifications) as per
shall not be more than six months in any case). time given in non-conformity reports
x. Fails to submit the Performance Security within the (NCR) in design/completed
permissible period in more than one project(s). works/maintenance or reported in
xi. Rated as an unsatisfactory performing entity/ non- Inspection Reports issued by Quality
performing entity by an independent third party Inspectors deployed by the Authority or
agency and so notified on the website of the Authority. Officers of the Authority.
xii. Has Failed to perform for the works of Expressways, vii. Fails to complete minor rectifications
 National Highways, ISC & EI works in the last 2(two)
years, as evidenced by imposition of a penalty by an
arbitral or judicial authority or a judicial
pronouncement or arbitral award against the Bidder,
including individual or any of its Joint Venture viii.
Member, as the case may be.
xiii. Has been expelled or the contract terminated by the
Ministry of Road Transport & Highways or its
implementing agencies for breach by such Bidder, ix.
including individual or any of its Joint Venture
Member; Provided that any such decision of expulsion
or termination of contract leading to debarring of the
Bidder from further participation in bids for the x.
prescribed period should have been ordered after
affording an opportunity of hearing to such party.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.
exceeding 3 instances in a project as
per time given in non-conformity
reports (NCR) in design/completed
works/maintenance;
Fails to fulfil its obligations to maintain
a highway in a satisfactory condition in
spite of two rectification notices issued
in this regards;
Damages/penalties recommended by
Independent/ Authority’s Engineer
during O&M Period and remedial works
are still not taken up;
Fails to complete Punch List items even
after lapse of time for completion of
such items excluding delays
attributable to the Authority;
Occurrence of minor failure of
structures/highway due to construction
defect wherein no causalities are
reported (causalities include injuries to
human being/ animals);
Occurrence of major failure of
structures/highway due to construction
defect wherein no casualties are
reported (causalities include injuries to
human being/ animals;
Occurrence of major failure of
structures/highway due to construction
defect leading to loss of human lives
besides loss of reputation etc. of the
authority;
Fails to make premium payments
excluding the current instalment in one
or more projects;
Fails to achieve financial closure in two
or more projects within the given or
extended period (which shall not be
more than six months in any case);
Fails to submit the Performance
Security within the permissible time
period in more than one project;
Rated as an unsatisfactory performing
entity/ non-performing entity by an
independent third party agency and so
notified on the website of the Authority.
Failed to perform for the works of
Expressways, National Highways, ISC &
EI works in the last 2(two) years, as
evidenced by imposition of a penalty by
an arbitral or judicial authority or a
judicial pronouncement or arbitral
award against the Bidder, including
individual or any of its Joint Venture
Member, as the case may be.
Expelled from the contract or the
contract terminated by the Ministry of
Road Transport & Highways or its
 implementing agencies for breach by
such Bidder, including individual or any
of its Joint Venture Member; Provided
that any such decision of expulsion or
termination of contract leading to
debarring of the Bidder from further
participation in bids for the prescribed
period should have been ordered after
affording an opportunity of hearing to
such party.
xx. Fails to start the works or causes delay
in maintenance & repair/overlay of the
project.
2. Table Sr. Categories of Non-Performer Project Project 2 Sr. Categories of Project 1 Project 2
below Para No. 1 No. Non-Performer
3 ( Name i. Fails to complete or has missed i. Fails to set up
of the more than two milestones in institutional
Bidder already awarded two or more mechanism and
/Member of projects, even after lapse of 6 procedure as per
JV: months from the scheduled Contract.
_______) completion date, unless ii. Fails to mobilize
of Clause 7 Extension of Time has been key construction
(b) of allowed on the recommendations equipment within
Annex I to of the Independent Engineer due a period of 4
Appendix- to Authority's default; months from the
IA ii. Fails to complete a project, as appointed date
per revised schedule, for which iii. Fails to complete
One Time Fund Infusion (OTFI) or has missed any
has been sanctioned by the milestone and
Authority; progress
iii. Physical progress on any project not commensurat
is not commensurate with the e with contiguous
funds released (equity+ unencumbered
debt+grant) from the escrow project length
account and such variation is /ROW available
more than 25% in last one year even after lapse
as observed by the Independent of 6 months from
Engineer in one or more respective project
projects; milestone
iv. Punch List Items in respect of /Schedule
any project are pending due to Completion date,
Bidder's default in two or more unless Extension
Projects even after lapse of the of Time has been
prescribed time for completion of granted due to
such items; Authority’s
v. Fails to fulfil its obligations to Default of Force
maintain a highway in a Majeure;
staisfactory condition inspite of iv. Fails to achieve
two rectification notices issued in progress
this behalf; commensurate
vi. Fails to attend to Non Conformity with funds
Reports (NCRs) issued by the released from
Independent/ Authority’s Escrow Account
Engineer on the designs/ works (Equity +Debt +
constructed by the Bidder Grant) in BOT or
pending for more than one year HAM project and
in two or more projects. variation is more
vii. Fails to make premium payments than 25% in the
excluding the current instalment last 365 days;
in one or more projects. v. Fails to achieve
viii. Damages/Penalties target progress or
recommended by the complete the
Independent/ Authority’s project as per
Engineer on the Bidder during schedule agreed
O&M period and the remedial at the time of
works are not taken up in two or sanctioning of
more projects. funds under One
ix. Fails to achieve financial closure Time Funds
in two or more projects within the Infusion (OTFI) or
given or extended period (which relaxations to
shall not be more than six contract
months in any case). conditions to
x. Fails to submit the Performance improve cash flow
Security within the permissible solely on account
period in more than one of
project(s). Concessionaire’s/
xi. Rated as an unsatisfactory contractor’s
performing entity/ non- failure/default;
performing entity by an vi. Fails to complete
independent third party agency rectification
and so notified on the website of (excluding minor
the Authority. rectifications) as
per time given in
non-conformity
reports (NCR) in
design/completed
works/maintenanc
e or reported in
Inspection
Reports issued by
Quality Inspectors
deployed by the
Authority or
Officers of the
Authority.
vii. Fails to complete
minor
rectifications
exceeding 3
instances in a
project as per
time given in non-
conformity
reports (NCR) in
design/completed
works/maintenanc
e;
viii. Fails to fulfil its
obligations to
maintain a
highway in a
satisfactory
condition in spite
of two
 rectification
notices issued in
this regards;
ix. Damages/penaltie
s recommended
by Independent/
Authority’s
Engineer during
O&M Period and
remedial works
are still not taken
up;
x. Fails to complete
Punch List items
even after lapse
of time for
completion of
such items
excluding delays
attributable to the
Authority;
xi. Occurrence of
minor failure of
structures/highwa
y due to
construction
defect wherein no
causalities are
reported
(causalities
include injuries to
human being/
animals);
xii. Occurrence of
major failure of
structures/highwa
y due to
construction
defect wherein no
casualties are
reported
(causalities
include injuries to
human being/
animals;
xiii. Occurrence of
major failure of
structures/highwa
y due to
construction
defect leading to
loss of human
lives besides loss
of reputation etc.
of the authority;
xiv. Fails to make
premium
 payments
excluding the
current instalment
in one or more
projects;
xv. Fails to achieve
financial closure
in two or more
projects within
the given or
extended period
(which shall not
be more than six
months in any
case);
xvi. Fails to submit
the Performance
Security within
the permissible
time period in
more than one
project;
xvii. Rated as an
unsatisfactory
performing entity/
non-performing
entity by an
independent third
party agency and
so notified on the
website of the
Authority.
xviii. Failed to perform
for the works of
Expressways,
National
Highways, ISC &
EI works in the
last 2(two) years,
as evidenced by
imposition of a
penalty by an
arbitral or judicial
authority or a
judicial
pronouncement
or arbitral award
against the
Bidder, including
individual or any
of its Joint
Venture Member,
as the case may
be.
xix. Expelled from the
contract or the
contract
 terminated by the
Ministry of Road
Transport &
Highways or its
implementing
agencies for
breach by such
Bidder, including
individual or any
of its Joint
Venture Member;
Provided that any
such decision of
expulsion or
termination of
contract leading
to debarring of
the Bidder from
further
participation in
bids for the
prescribed period
should have been
ordered after
affording an
opportunity of
hearing to such
party.
xx. Fails to start the
works or causes
delay in
maintenance &
repair/overlay of
the project.

3. Article Video recording: Drone Video recording:

11.16 of During the Construction Period, the Contractor shall provide
DCA to the Authority for every calendar quarter, a video recording,
which will be compiled into a 3 (three) hour digital video disc
or any substitute thereof, covering the status and progress of
Construction Works in that quarter. The first such video
recording shall be provided to the Authority within 7 (seven)
days of the Appointed Date and thereafter, no later than 15
(fifteen) days after the close of each quarter. Such video
recording shall be carried out alongwith the authorized
representative of the Authority. Notwithstanding anything to
the contrary contained in this document, the Contractor shall
also develop a Project specific website which shall be
accessible to the public and upload the time stamp pictures
of the development of Project Highway each week.
In addition, the Contractor shall during the Construction and
Maintenance Period shall carry out such drone videography
(on monthly basis) in the presence of Team Leader of
Authority’s Engineer. The video of last month and the current
month running side by side shall be uploaded on Data Lake
(https://datalakeg.nhai.gov.in/nhai) for easily capturing
various developments during the month. Authority’s Engineer
During the Construction Period, the Contractor
shall carry out video recording of each project
every month since award of the work till completion
of construction and biannually during O&M period.
In addition, the Contractor shall during the
Construction and Maintenance Period shall carry
out such drone videography (on monthly basis) in
the presence of Team Leader of Authority’s
Engineer. Recording of previous videos and the
current running side by side shall be loaded on
Data Lake (https://datalakeg.nhai.gov.in/nhai) for
easily capturing various developments during the
month (a sample screenshot is attached herewith
and also loaded on Data Lake along with a
sample video for guidance before submission of
their invoice. Capturing Ortho-image for approx.
10% equivalent length of critical structures or any
other specific area should be decided by the
ROs/PDs and be conveyed to the Drone Agency
in the site-specific work order. Authority Engineer
shall ensure that the features and quality of drone
shall ensure that the features and quality of drone video is video is acceptable and video is not distorted/
acceptable and video is not distorted/tampered with. tampered with.

Authority’s Engineer shall analyse these drone videos and Authority Engineer shall analyse these drone
give their comments in its digital MPRs covering inter-alia but videos and give their comments in its digital MPRs
not limited to the encumbrances/lands not available, sites of covering inter-alia but not limited to the
COS demands, progress of project, mobilisation of plant & encumbrances/lands not available, sites of COS
equipment, mobilisation of camp sites, progress on demands, progress of project, mobilisation of plant
rectification of NCRs etc. alongwith the proposed action plan. & equipment, mobilisation of camp sites, progress
Project Director of NHAI shall cross-check drone videos on rectification of NCRs etc. along with the
during the monthly physical inspections and notify the proposed action plan, Project Director of NHAI
discrepancies noticed, if any, between drone video, on shall cross-check drone videos during the monthly
Authority’s Engineer comments and ground reality. The physical inspections and notify the discrepancies
discrepancies shall be examined and addressed through joint noticed, if any, between drone video on Authority
site inspections. Engineer comments and ground reality. The
discrepancies shall be examined and addressed
through joint site inspections.
As per the policy, the Network Survey Vehicle
(NSV) survey needs to be carried out twice in a
year on completed project. Therefore, PDs should
plan biannually drone based video recording during
O&M period in such a manner so that there is no
overlap and digital data of O&M period is available
in regular intervals (quarterly)through NSV and
drone videography.
As the drone videos/ report will be permanent
record on Data Lake and will be used as evidences
during dispute resolution process before Arbitral
Tribunals/ Court including Supreme Court, the
drone video shall be carried out carefully and
correctly without distortions/ tampering by all the
parties concerned. The amount spent on recording
shall be charged to Contractor to the extent
covered in the agreement.
 Annexure-I A

Amendment in RFP& DCA (Additional Performance Security)

The following clause & article of Standard RFP of EPC and Standard EPC Agreement
are modified as under:

Sl. Clause/ Existing Clause / Article Modified Clause / Article

No. Article no.
1 Clause Within 30 (thirty) days of receipt of Letter of Within 30 (thirty) days of receipt of Letter of
2.21.1 of Acceptance, the selected Bidder shall furnish Acceptance, the selected Bidder shall furnish to
RFP of to the Authority an irrevocable and the Authority an irrevocable and unconditional
EPC unconditional guarantee from a Bank in the guarantee from a Bank in the form set forth in
form set forth in Appendix-VII (the Appendix-VII (the “Performance Security”) for an
“Performance Security”) for an amount equal amount equal to 3% (three percent) of its Bid
to 3% (three percent) of its Bid Price. Price. If after opening of Financial Bids a bid is
Generally Additional Performance Security will found as an abnormally low bid that is a bid in
not be taken for abnormally low bids (except which the bid price, in combination with the other
in some exceptional cases). The requirement elements of the Bid, appears so low that it raises
of Additional Performance Security shall be at material concerns as to the capability of the bidder
the discretion of the Authority and shall be to perform the contract at the offered price,
decided after opening of the Financial Bids. Authority may in such case seek written
As decided by the Authority, the Selected clarifications from the bidder, including detailed
Bidder, along with the Performance Security, price analysis of its bid price in relation to scope,
shall also furnish to the Authority an schedule, allocation of risks and responsibilities,
irrevocable and unconditional guarantee from and any other requirements of the bid document.
a Bank in the same form given at Appendix- If, after evaluating the price analysis,
VII towards an Additional Performance Authority determines that the bidder has
Security (the “Additional Performance substantially failed to demonstrate its capability to
Security”) for an amount calculated as under: deliver the contract at the offered price, the
(i) If the Bid Price offered by the Selected Selected Bidder, along with the Performance
Bidder is lower than 10% but upto 20% of the Security, shall also furnish to the Authority an
estimated Project Cost, then the Additional irrevocable and unconditional guarantee from a
Performance Security shall be calculated Bank in the same form given at Appendix-VII
@20% of the difference in the (i) Estimated towards an Additional Performance Security (the
Project Cost (as mentioned in RFP)-10% of “Additional Performance Security”). However,
the Estimated Project Cost and (ii) the Bid Amount of Additional Performance Security shall
Price offered by the selected Bidder. not exceed the amount of Performance Security.
(ii) If the Bid Price offered by the Selected This Additional Performance Security shall be
Bidder is lower than 20% of the Estimated treated as part of the Performance Security.
Project Cost, then the Additional Performance
Security shall be calculated @ 30% of the
difference in the (i) Estimated Project Cost (as
mentioned in RFP)-10% of the Estimated
Project Cost and (ii) the Bid Price offered by
the Selected Bidder.
(iii) This Additional Performance Security shall
be treated as part of the Performance
Security.
Provided that amount of Additional
Performance Security shall not exceed the
amount of Performance Security.
2 Article (A) Within 30 (thirty) days of receipt of Letter Within 30 (thirty) days of receipt of Letter of
7.1(i)(A) of of Acceptance, the selected Bidder shall Acceptance, the selected Bidder shall furnish to
EPC furnish to the Authority an irrevocable and the Authority an irrevocable and
Agreement unconditional guarantee from a Bank in the unconditional Guarantee from a Bank in the form
form set forth in Annex-I of Schedule-G (the set forth in Annex-I of Schedule-G (the
“Performance Security”) for an amount equal “Performance Security”) for an amount equal to
to 3% (three percent) of its Bid Price. In case 3% (three percent) of its Bid Price. If after opening
of bids mentioned below, the Selected Bidder, of Financial Bids a bid is found as an abnormally
along with the Performance Security, shall low bid that is a bid in which the bid price, in
also furnish to the Authority an irrevocable combination with the other elements of the Bid,
and unconditional guarantee from a Bank in appears so low that it raises material concerns as
the same form given at Annex-I of Schedule- to the capability of the bidder to perform the
G towards an Additional Performance contract at the offered price, Authority may in such
Security (the “Additional Performance case seek written clarifications from the bidder,
Security”) for an amount calculated as under: including detailed price analysis of its bid price in
(a) If the Bid Price offered by the Selected relation to scope, schedule, allocation of risks and
Bidder is lower than 10% but upto 20% of the responsibilities, and any other requirements of the
estimated Project Cost, then the Additional bid document. If, after evaluating the price
Performance Security shall be calculated analysis, Authority determines that the bidder has
@20% of the difference in the (i) Estimated substantially failed to demonstrate its capability to
Project Cost (as mentioned in RFP)-10% of deliver the contract at the offered price, the
the Estimated Project Cost and (ii) the Bid Selected Bidder, along with the Performance
Price offered by the selected Bidder. Security, shall also furnish to the Authority an
(b) If the Bid Price offered by the Selected irrevocable and unconditional guarantee from a
Bidder is lower than 20% of the Estimated Bank in the same form given at Annex-I of
Project Cost, then the Additional Performance Schedule-G towards an Additional Performance
Security shall be calculated @ 30% of the Security (the “Additional Performance Security”).
difference in the (i) Estimated Project Cost (as However, Amount of Additional Performance
mentioned in RFP)-10% of the Estimated Security shall not exceed the amount of
Project Cost and (ii) the Bid Price offered by Performance Security. This Additional
the Selected Bidder. Performance Security shall be treated as part of
(c) This Additional Performance Security shall the Performance Security.
be treated as part of the Performance
Security.
Provided that amount of Additional
Performance Security shall not exceed the
amount of Performance Security.

Amendment in RFP & DCA on account of Circular dated 07.12.2021
S.
Clause Reference Existing Clause
No.
1. Clause 1.2.7 of RFP Generally, the Lowest Bidder shall be the selected
Bidder. In case such Lowest Bidder fails to submit
the originals Bid Securing Declaration, POA for
signing the Bid, POA for lead member of JV, if any,
JBA for JV, if any, Integrity Pact, and experience
certificates apostile at foreign origin, if any or
withdraws or is not selected for whatsoever reason
except the reason mentioned in Clause 2.1.12 (b)
(4), the Authority shall annul the Bidding Process
and invite fresh BIDs.
2. Clause 1.2.10 Addition of New Clause in RFP
Annexure-II
Modified Clause
Generally, the Lowest Bidder shall be
the selected Bidder. In case such
Lowest Bidder fails to submit the
originals Bid Securing Declaration,
POA for signing the Bid, POA for lead
member of JV, if any, JBA for JV, if
any, Integrity Pact, and experience
certificates apostile at foreign origin, if
any and other documents required as
per clause 2.11.2 or withdraws or is
not selected for whatsoever reason
except the reason mentioned in
Clause 2.1.12 (b) (4) & Clause 3.3.1,
the Authority shall annul the Bidding
Process and invite fresh BIDs.
A Bidder is required to submit, along
with its technical BID, a self-
certification that the item offered meets
the local content requirement for
'Class - I local Supplier' / `Class - II
local Supplier', as the case may be.
The self-certification shall also have
details of the location(s) at which the
local value addition is made. In case,
bidder has not submitted the aforesaid
certification the bidder will be treated
as 'Non- Local Supplier'.
In the above pretext, the Class - I
Local Supplier, Class - II Local
Supplier and the Non-Local Supplier
are defined as under:
i. 'Class - I local Supplier'
means a supplier or service
provider, whose goods, services
or works offered for
procurement, meets the
minimum local content as
prescribed for 'Class - I local
Supplier' under this RFP. The
'local content' requirement to
categorize a supplier as 'Class -
I local Supplier' is minimum 50%.
i i . ' C l a s s - II local Supplier'means a supp
 i i i . ' N o n -local Supplier' means a
supplier or service provider,
whose goods, s ervic es or
work s offered for
procurement, has local
content less than that
prescribed for 'Class - II local
supplier' under this RFP.

iv. 'Local content' means the

amount of value added in
India which shall be the
total value ofitem procured (excluding
In case of procurement for a value
in excess of Rs. 10 crores, the
'Class - I local supplier' / 'Class - II
local supplier' shall provide a
certificate from the statutory
auditor or cost auditor of the
company (in case of companies) or
from a practicing cost accountant
or practicing chartered accountant
(in respect of suppliers other than
companies) giving the percentage
of local content.

3. Clause 2.1.2 of RFP An International Bidder bidding individually or as a An International Bidder bidding
member of a Joint Venture shall ensure that Power of individually or as a member of a Joint
Attorney is apostille by appropriate authority Venture shall ensure that Power of
notarised in the jurisdiction where the Power of Attorney is apostille by appropriate
Attorney is being issued and requirement of Indian authority and requirement of Indian
Stamp Act is duly fulfilled. Stamp Act is duly fulfilled.
I. Any “Bidder from a country which shares a
land border with India” will be eligible to bid,
only if the Bidder is registered with the
Competent Authority, specified in Annexure-
I of Order (Public Procurement No. 1) issued
by Ministry of Finance, Department of
Expenditure Public Procurement Division
vide F. No. 6/18/2019- PPD, dated 23rd July
2020, which shall form an integral part of
RFP and DCA (Copy enclosed).
II. “Bidder” (including the terms ‘tendered’,
‘consultant’ or ‘service provider’ in certain
contexts) means any person or firm or
company, including any member of a
consortium or joint venture (that is an
association of several persons or firms or
companies), every artificial juridical person
not falling in any of the descriptions of
bidders stated hereinbefore, including any
agency branch or office controlled by such
person, participating in a procurement
process.
III. “Bidder from a country which shares a land
border with India” means:
a) An entity incorporated, established or
registered in such a country, or
b) A subsidiary of an entity incorporated,
established or registered in such a
country; or
c) An entity substantially controlled through entities incorpora
d) An entity whose beneficial owner is situated
in such a country; or
e) An Indian (or other) agent of such an entity;
or
f) A natural person who is a citizen of such a
country; or
g) A consortium or joint venture where
any member of the consortium or joint
venture falls under any of the above.
IV. “Beneficial owner” for the purpose of (III)
above means:
1. In case of a company or Limited
Liability Partnership, the beneficial
owner is the natural person(s), who,
whether acting alone or together, or
through one or more judicial person,
has a controlling ownership interest or
who exercises control through other
means.
Explanation:
a) “Controlling ownership interest” means
ownership of, or entitlement to, more than
twenty-five per cent of shares or capital or profits of
the company;
b) “Control” shall include the right to appoint
majority of the directors or to control the
management or policy decisions, including
by virtue of their shareholding or
management rights or shareholding
agreements or voting agreements;

2. In case of a partnership firm, the beneficial

owner is the natural person(s) who,
whether acting alone or together, or
through one or one or more juridicial
person, has ownership of entitlement to
more than fifteen percent of capital or
profits of the partnership;
3. In case of an unincorporated association or
body of individuals, the beneficial owner is
the natural person(s), who, whether acting
alone or together, or through one or more
juridicial person, has ownership of or
entitlement to more than fifteen percent of
the property or capital or profits of such
association or body ofindividual;
4. Where no natural person is identified under
(1) or (2) or (3) above, the beneficial owner
is the relevant natural person who holds
 the position of senior managing official;
5. In case of a trust, the identification of
beneficial owner(s) shall include
identification of the author of the trust, the
trustee, the beneficiaries with fifteen
percent or more interest in the trust and
any other natural person exercising
ultimate effective control over the trust
through a chain of control or ownership.
V. “Agent” is a person employed to do any act
for another, or to represent another in
dealings with third person.
VI. The Selected Bidder/ Contractor shall not
be allowed to sub-contract works to any
contractor from a country which shares a
land border with India unless such
contractor is registered with the Competent
Authority, specified in Annexure-I of Order
(Public Procurement No. 1) issued by
Ministry of Finance, Department of
Expenditure Public Procurement Division
vide F. No. 6/18/2019-PPD, dated 23rdJuly
2020. The definition of “contractor from a
country which shares a land border with
India” shall be as in Clause II above.
VII. Certificate regarding Compliance
A certificate on the letter head of the Bidder shall
be required to be submitted by the bidders
in the format prescribed at Appendix-IX of
RFP.

It may be noted that in case the above certification

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

Validity of Registration:

In respect of RFP, registration should be valid at the

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

4. Clause 2.1.15 of RFP Addition of New Clause in RFP All Orders of Ministry of
Finance/DPIIT/any other Government
agencies, as applicable and prevalent
on the date of LOA, shall be
applicable

5. Clause
C 2.1.16 Addition of New Clause in RFP Entities of countries
which have been identified by
Ministry of Road Transport a
Highways as not allowing Indian
 companies to participate in their
Government procurement for any
item related to Ministry of Road
Transport Highways shall not be
allowed to participate in Government
procurement in India for all items
related to Ministry of Road Transport
& Highways, except for the list of
items published by the Ministry of
Road Transport & Highways
permitting their participation.

6. Clause
C 2.2.1 (d) Addition of New Clause in RFP For determining the eligibility of
Bidder from a country which
shares a land border with India
the following shall apply:
i. Any Bidder from a country
which shares a land border
with India will be eligible to
bid, only if the Bidder is
registered with the
Competent Authority,
specified in Annexure I of
Order (Public Procurement
No. 1) issued by
Ministry of
Finance, Department of
Expenditure Public
Procurement Division vide
F. No. 6/18/2019-PPD,
dated 23rd July 2020,
which shall form an
integral part of RFP and
DCA (Copy enclosed).

ii. "Bidder from a country which

shares a land border with
India" means:
a) An entity incorporated,
established or registered
in such a country, or
b) A subsidiary of an entity
incorporated, established or
registered in such a
country; or
c) An entity substantially
controlled
through entities
incorporated,
established or registered
in such a country; or
d) An entity whose beneficial
owner is situated in such a
country; or
e) An Indian (or other) agent of
such an entity; or
 f) A natural person who is a
citizen of such a country;
or
g) A Consortium or joint
venture where any
member of the consortium
or joint venture falls under
any of the above.

iii. Beneficial owner for the

purpose of (ii) above
means:

1. In c as e of a c om pany or
Lim ited Liability Partnership,
the beneficial owner is the
natural person(s), who,
whether acting alone or
together, or through one or
more judicial person, has a
controlling ownership interest
or who exercises control
through other means.
Explanation:
a) "Controlling ownership
interest" means
ownership of or
entitlement to more than
twenty-five per cent of
shares or capital or
profits of the company.
b) "Control" shall include
the right to appoint
majority of the directors
or to control the
management or policy
decisions including by
virtue of their
shareholding or
management rights or
shareholding agreements
or voting agreements;

2. In case of a partnership firm,

the beneficial owner is the
natural person(s) who, whether
acting alone or together, or
through one or one or more
juridical person: has ownership
of entitlement to more than
fifteen percent of capital or
profits of the partnership;

3. In case of an unincorporated
association or body of
individuals, the beneficial
 owner is the natural person(s),
who, whether acting alone or
together, or through one or
more juridical person, has
ownership of or entitlement to
more than fifteen percent of
the property or capital or
profits of such association or
body of individual;

4. Where no natural person is

identified under (1) or (2) or (3)
above, the beneficial owner is
the relevant natural person who
holds the position of senior
managing official;

5. In case of a trust, the

identification of beneficial owner(s)
shall include identification of the
author of the trust, the trustee, the
beneficiaries with fifteen percent or
more interest in the trust and any
other natural person exercising
ultimate effective control over
the trust through a
chain of control or ownership.

iv. An Agent is a
person employed to do any act for
another, or to represent another
in dealings with third person.

v. The Selected
Bidder shall not be allowed
to sub-contract works to any
contractor from
a country which shares a land
border with India unless such
contractor is registered with the
Competent Authority. The definition
of "contractor from a country which
shares a land border with India"
shall be as in Clause 2.2.1(d)(ii)
above.
Certificate regarding Compliance:
A certificate on the letterhead of
the Bidder shall be required to be
submitted by the bidders certifying
the following:
"I have read the clause regarding
restrictions on procurement from a
bidder of a country which shares a
land border with India and on sub-
contracting to contractors from
such countries; I certify that this

7. Clause 2.2.2.1 of RFP Bidders who interalia meet the minimum qualification
criteria will be qualified only if their available BID
capacity is more than the total BID value (value as
per Clause 1.1.1). The available BID capacity will be
calculated as per following, based on information
mentioned at Annexure-VI of Appendix-IA:
Assessed Available BID capacity = (A*N*2.5 – B +
C), Where
N= Number of years prescribed for completion
of work for which Bid is invited.
A = Maximum value of civil engineering works
excluding the amount of bonus received, if
any, in respect of EPC Projects executed in
any one year during the last five years
(updated to the price level of the year
indicated in table at Note- 3 below) taking
into account the completed as well as works
in progress. The EPC projects include
turnkey project/ Item rate contract/
Construction works.
B = Value (updated to the price level of the
year indicated in table at Note-3 below) of
existing commitments, works for which
Appointed Date/ Commencement Date
has been declared or on-going works to
be completed during the period of
completion of the works for which BID is
invited. For the sake of clarification, it is
bidder is not from a country or, if
from such a country, has been
registered with the Competent
Authority as defined in Public
Procurement Order no F.No.
6/18/2019-PPD dated 23 July
2020. I hereby certify that this
bidder fulfills all requirements in
this regard and is eligible to be
considered."
It may be noted that in case the
above
certification is found to be false,
this would
be a ground f or imm ediate
rej ec tion of Bid/termination and
further legal action in accordance
with law.
Validity of Registration:
In respect of RFP,registration
should be valid at the time of
submission of bids and at the time of
acceptance of bids. If the Bidder
was validly registered at the time of
acceptance, registration shall not be a
relevant consideration during contract
execution.
Bidders who inter alia meet the
minimum qualification criteria will be
qualified only if their available BID
capacity is more than the total BID
value (value as per Clause 1.1.1).
The available BID capacity will be
c alc ulated as per following,
bas ed on information mentioned
at Annexure-VI of Appendix-IA:
Assessed Available BID capacity =
(A*N*2.5 - B + C), Where
N= Number of years prescribed for
completion of work for which Bid is
invited.
A = Maximum value of civil
engineering work s exc luding
the am ount of bonus
received, if any, in respect of
EPC Projects executed in any
one year during the last five
years (updated to the price level
of the year indicated in table at
Note- 3 below) taking into
account the completed as well
as works in progress. The
EPC projects include
 mentioned that works for which LOA has turnkey project/ Item rate
been issued but Appointed Date/ contract/ Construction works
Commencement Date not declared as on B = Value (updated to the price
Bid Due Date shall not be considered level of the year indicated in
while calculating value of B. table at Note-3 below) of
C = The amount of bonus received, if any, in existing commitments, works
EPC Projects during the last 5 years for which the bidder has
(updated to the price level of the year emerged as the winner of the
indicated in table at Note-3 below). bids or on-going works to be
Note: completed during the
1. The Statement showing the value of all period of completion of the
existing commitments, works for which works for which BID is invited.
Appointed Date/ Commencement Date For the sake of clarification, it is
has been declared and ongoing works as mentioned that works for
well as the stipulated period of completion which bidder has emerged as
remaining for each of the works listed the winner of the bids but LOA
should be countersigned by the Client or has not been issued as on the
its Engineer-in-charge not below the rank day before opening the
of Executive Engineer or equivalent in financial bids shall also be
respect of EPC Projects or considered while calculating
Concessionaire / Authorized Signatory of value of B.
SPV in respect of BOT Projects and C= The amount of bonus received, if
verified by Statutory Auditor. any, in EPC Projects during the last
2. The amount of bonus received, if any, in 5 years (updated to the price level
EPC Projects should be countersigned by of the year indicated in table at
the Client or its Engineer-in-charge not Note-3 below).
below the rank of Executive Engineer or
equivalent in respect of EPC Projects. Note:
1. The Statement showing the
3. The factor for the year for updation to the value of all existing
price level is indicated as under:
commitments, works for
Year Year-1 Year-2 Year-3 Year-4 Year-5
which the contractor has
Up-dation 1.00 1.05 1.10 1.15 1.20emerged as the winner of
factor the bid as given by bidder
and ongoing works as well
as the stipulated period of
completion remaining for
each of the works listed
should be counters igned
by the Client or its
Engineer-in-charge not
below the rank of Executive
Engineer or equivalent
in respect of EPC Projects or
Concessionaire/Authorise
d Signatory of SPV in
respect of BOT Projects
and verified by Statutory
Auditor.
2. The amount of bonus
received, if any, in EPC
Projects should be
countersigned by the
Client or it Engineer-in-
charge not below the rank
of Executive Engineer or
 equivalent in respect of
EPC Projects.
3. The factor for the year for
updation to the price level
is indicated as under:
Year Year-1 Year-2 Year-3
Up-dation 1.00 1.05 1.10
factor

4. The Bid capacity status of

the bidder to be updated as
on the day before opening
the financial bids.

8. Clause 2.11.1 of RFP Financial Bid Financial Bid

(q) Appendix-IB (Letter comprising the Financial (q) Appendix-IB (Letter

Bid) shall be submitted online through e-
procurement portal http://etenders.gov.in on or before
1100 hrs IST on Bid Due Date
comprising the Financial Bid) shall be
submitted online through e-
procurement portal
http://etenders.gov.in on or before
1100 hrs IST on Bid Due Date
Self-Certification
Self- certification by the Bidder that
its Bid meets the Local Content
requirement for ‘Class - I Local
supplier’/ ‘Class - II Local supplier’,
as the case may be. The Self-
certification shall also have details
of the location(s) at which the local
value addition is made. In case,
bidder do not submit the aforesaid
Certification, the bidder will be
summarily treated as ‘Non Local
Supplier’.
In case of procurement for a value
in excess of Rs. 10 crores, the
‘Class - I Local supplier’/ ‘Class - II
Local supplier’ shall have to
provide a Certificate from the
Statutory Auditor or Cost Auditor
of the Company (in case of
Companies) or from a practicing
Cost Accountant or practicing
Chartered Accountant (in respect
of Suppliers other than Companies)
giving the percentage of Local
Content upon Construction of the
Project.
9. Clause 3.3.1 of RFP Subject to the provisions of Clause 2.16.1, the
Bidder whose BID is adjudged as responsive in
terms of Clause 3.1.6 and who quotes lowest
price shall be declared as the selected Bidder
(the “Selected Bidder”).
Subject to the provisions of
Clause 2.16.1, the Bidder
whos e BID is adj udged as
responsive in terms of Clause
3.1.6. The bidder shall be
declared as the selected Bidder
(the "Selected Bidder") in
pursuance to the procedure defined
hereunder:
i. Among all the responsive
bidder, the lowest bidder
will be termed as L1. If L1
is 'Class - I Local Supplier',the contract

ii. If L1 is not 'Class - I local

supplier', the lowest bidder
among the 'Class - I local
supplier', will be invited to
match L1 price subject to
Class -I local supplier's
quoted price falling within
the margin of purchase
preference, and the
contract will be awarded
to such `Class -I
local supplier'subject to
matching the L1 price.

iii. In case such lowest eligible

'Class
- I local supplier' fails to
match the L1 price, the
'Class - I local supplier'
with the next higher bid
within the margin of
purchase preference shall
be invited to match the L1
pr ic e a n d s o o n a nd
c on tr ac t shall be
a war de d ac c or d in g l y. In
c as e no n e of th e ‘ Cl as s -
I loc a l supplier' within the
margin of purchase
preference matches the L1
price, the contract shall be
awarded to the L1 bidder.
`Margin of purchase preference'
means the maximum extent to which
the price quoted by a 'Class - I local
supplier' may be above t h e L 1 f o r
the purpose of purchase
preference. The margin of purchase
preference shall be 20%.
 Appendix-IX Appendix-IX Appendix-IX
Certificate regarding (To be on the letter head of the Bidder/ Each (To be on the letter head of the
Compliance with Member of the Joint Venture) Bidder/ Each Member of the Joint
Restrictions under Venture)
Rule 144 (xi) of the Certificate regarding Compliance with
General Financial Restrictions under Rule 144 (xi) of the General Certificate regarding Compliance
Rules (GFRs) Financial Rules (GFRs) with Restrictions under Rule 144
(xi) of the General Financial Rules
The (GFRs)
General Manager (T)
National Highways Authority of India The
G-5&6, Sector 10, Dwarka, General Manager (T)
New Delhi - 110 075 National Highways Authority of India
Sub: BID for 2-lane with paved shoulder of Najibabad G-5&6, Sector 10, Dwarka,
Kotdwar section of NH-119 from Design Ch. New Delhi - 110 075
122+200 to Km. 137.760 (Existing Ch. 138.635) Sub: BID for 2-lane with paved shoulder
in the state of Uttar Pradesh. of Najibabad Kotdwar section of
Dear Sir, NH-119 from Design Ch.
122+200 to Km. 137.760
With reference to your RFP document dated *** **$, (Existing Ch. 138.635) in the state
I/we, having examined the Bidding Documents and of Uttar Pradesh.
understood their contents, hereby undertake and Dear Sir,
confirm as follows:
With reference to your RFP document
I/We have read the clause regarding dated *** **$, I/we, having examined the
restrictions on procurement from a bidder Bidding Documents and understood
of a country which shares a land border their contents, hereby undertake and
with India and on sub-contracting to confirm as follows:
10
contractors from such countries;
I certify that this Bidder is not from such a I/We have read the clause
country or, if from such a country, has regarding restrictions on
been registered with the Competent procurement from a bidder of a
Authority and will not sub-contract any country which shares a land
work to a contractor from such countries border with India and on sub-
unless such contractor is registered with contracting to contractors from
the Competent Authority. such countries;
I hereby certify that this bidder fulfils all I/We certify that this bidder is not
requirements in this regard and is eligible from a country or, if from such a
to be considered. country, has been registered with
the Competent Authority as
Yours faithfully, defined in Public Procurement
Date: Order no. F.no.6/18/2019- PPD
(Signature of the Authorised signatory) dated 23rd July 2020 and will not
Place: sub-contract any work to a
contractor from such countries
Notes: unless such contractor is
{Where applicable, evidence of valid registration by registered with the Competent
the Competent Authority shall be attached} Authority;
I hereby certify that this bidder
In case the above certification is found to be false, fulfils all requirements in this
this would be a ground for immediate rejection of regard and is eligible to be
Bid/termination and further legal action in considered.
accordance with law.
Yours faithfully,
Date:
(Signature of the Authorised signatory)
 Place:

Notes:
{Where applicable, evidence of valid
registration by the Competent
Authority shall be attached}
In case the above certification is
found to be false, this would be a
ground for immediate rejection of
Bid/termination and further legal
action in accordance with law.

11 Clause 4.14 of EPC Addition of New Clause in RFP The Contractor [Class I Local
Agreement Obligations relating to Local Content Supplier/ Class II Local Supplier/
Non Local Supplier] undertakes to
ensure minimum Local Content
in the Project Highway of at
least [50%/20%] duly complying
with the provisions of Department
for Promotion of Industry and
Internal Trade, Ministry of
Commerce and Industry,
Government of India Order No.
P-45021/2/2017-PP (BE- II)
dated September 16, 2020, as
amended or modified till Bid
Due Date and the provisions
under Rule 144(xi) of GFR, 2017.
 Annexure-III

Reply of Pre-bid Queries

Sl. Reference Provision Query Reply

No
1. Schedule-B (v) Type of shoulders As Per the Please refer
Clause 3 (v) Schedule-B modified
a. In built-up sections, footpaths/fully paved shoulders shall be Clause 3 (v) the schedules. .
provided in the following stretches: paved shoulder
Sl. Stretch Stretc Len Refere Remarks width in whole
N (from h gth nce to project is 1.5m,
o. km) (to (Km Typica But As per TCS
km) ) l Drawing it is
cross showing 2.5
sectio Paved
n shoulder.
1.5 m Paved Shoulder and Please clarify
1 122+200 125+ 3.3 TCS I Footpath cum Drain on either side the doubt.
500 of carriageway

b. In open country, (stretches as mentioned below) paved

shoulders of 1.5 m width shall be provided and balance 1m
width shall be covered with 150 mm thick compacted layer
of granular material.
2. Schedule-B (ii) Type of pavement: As per the Thicknesses
Clause -5 (ii) (A) Flexible Pavement– Flexible Pavement shall be constructed MORTH proposed is
in entire length of Project highway except Toll Plaza, for Circular Dated: for 50 MSA
Maximum 8% CBR and minimum design traffic of 50 MSA with -14-Dec2020 traffic.
GSB in widening stretches. In case the MSA is more than File No.- Agency has
specified above at the time of traffic survey done by Contractor at RW/NH- to design the
the time of design of project highway, then the higher traffic will 33044/18/2020- crust as per
be adopted for design. However, the contractor shall provide the S&R (P&B) we specification
minimum crust thickness as following: - can Modify the .
For Reconstruction/New Construction stretches crust that
BC with Modified Bitumen 50mm mentioned in
DBM VG 40 115mm Schedule
WMM 250mm Please Clarify
GSB 200mm the doubt.

3. Schedule-H Contract Price Weightage Schedule-H of Please refer

this tender has revised
discrepancies i Schedule-H
n detailing of
procedure of
payment which
 seems to be
overlooked
inadvertently.
the figures do
not match with
the actual
stated in
percentages for
estimated cost
and differ totally
being not
correlated with
the present
tender and is
copy-paste of
some earlier
tender.
please do
needful to
correct it so as
to avoid any
confusion at a
later stage.

S. Clause
Queries by Bidder Reply
No. Reference
1. General The Najibabad to Kotdwar tender of As per clause 2.2.1 (a) “The Bidder may be a single
Rs.81 crs. Joint ventures of Indian or entity or a group of entities (the “Joint Venture”),
international allowed into this bid as coming together to implement the Project. The term
there is confusion in tender inviting BID. Bidder used herein would apply to both a single
entity and a Joint Venture. However, in case the
estimated cost of the project for which bid is
invited is upto Rs. 100 Crore, then Joint Venture
shall not be allowed. ” of RFP.

Therefore, Joint Venture not allowed in the

Najibabad to Kotdwar tender of Rs.81.44 Crore.