Unnao Lalganj RFP
Unnao Lalganj RFP
Consultancy services as Independent Engineer during Operation & Maintenance Period for the
Project “4 lane Unnao-Lalganj section of NH-232A (NH-31) from design Km 00.000 to design Km
70.000 under Bharatmala Pariyojana on Hybrid Annuity Mode in the state of Uttar Pradesh"
October, 2024
CONTENTS
Sub.: Consultancy Services as Independent Engineer during Operation & Maintenance Period for
the Project “4 lane Unnao-Lalganj section of NH-232A (NH-31) from design Km 00.000 to design
Km 70.000 under Bharatmala Pariyojana on Hybrid Annuity Mode in the state of Uttar Pradesh
"
GENERAL:-
1. The National Highways Authority of India (NHAI) invites proposals for engaging an Independent
Engineer (IE) on the basis of International Competitive Bidding for the following contract
package in the State of Uttar Pradesh under NHDP Phase IVA.
2. The RFP shall be received through “INFRACON” (www.infracon.nic.in) and will be evaluated
based on details furnished on “INFRACON”. As such before submitting the proposal, the
Consultant (the firm and all key personnel) shall mandatorily register and enlist themselves, on
the MoRT&H portal “INFRACON” and upload all relevant information to enable correct
evaluation of RFP.
3. All the bidders registered on “INFRACON” shall form a Team on “INFRACON” which would be
assigned unique INFRACON Team ID. Bidders while submitting the RFP proposal shall furnish
registration details including INFRACON Team ID. A copy of INFRACON Operation Procedure is
enclosed for bidder’s reference.
4. Selection of IE shall be as per selection procedures given in the Model Concession Agreement
and general procurement methods followed in NHAI. The selected IE shall be intimated to the
Concessionaire.
5. Bid must be submitted online at e-tender portal of NHAI e-Tender Portal
https://etenders.gov.in on or before 22.11.2024 upto 11:00 Hrs
6. The proposal shall be submitted in English Language and all correspondence would be in the
same language.
7. The Operation & Maintenance of DBFOT/BOT/HAM projects broadly include Operation and
Maintenance activities of the Concessionaire for completed construction works and Projects
Facilities are opened to traffic as per the Concession Agreements.
8. As per the Terms and Conditions of the Concession Agreement(s), the Independent Engineer
is broadly required to:
S. Particulars Details
No.
1 Name of Beneficiary NHAI REGIONAL OFFICE WEST UP
2 Name of Bank CANARA BANK
3 Account No. 84811010002035
4 IFSC Code CNRB0018481
5 Branch Name GOMTI NAGAR, LUCKNOW
(Proof of submission of fee payment shall be uploaded in scanned copy). The RFP will be
invited through e-tendering portal. Refer Procedure under e-tendering for submission of RFP
through e- tendering.
10. In this document, unless the context otherwise requires, reference to a firm or consultant or
bidder or applicant shall be construed as reference to any individual firm, organization,
company or their JV, reputed engineering institutions such as IITs/NITs/ Deemed Universities.
11. The proposal should be submitted by consultancy firms in two parts online only i.e. (1)
Technical proposal (2) Financial Proposal. The two parts of the proposal are Part 1: Technical
Proposal and Part 2: Financial Proposal. Both Technical and Financial Proposal are to be
submitted only in electronic form (to be uploaded on e-Tender portal). For a given BOT (Toll)
Project, Stage -1 of the evaluation shall consider the evaluation of the Technical Proposal
(i.e. Part-1). The firms scoring the qualifying marks (minimum 75%) as mentioned in RFP shall
be listed in the descending order of their technical score and 5 top ranking firms shall only be
considered for further evaluation provided none of them is in conflict of interest with the
Concessionaire. The firms in conflict of interest shall be substituted by next ranking firm not
having conflict of interest with the Concessionaire.
Under stage 2, the financial proposal of such five firms as selected above shall be opened
and evaluated. The weightage of Technical and Financial score shall be 80% & 20%
respectively. The final selection of the firm shall be based on the highest combined score of
Technical and Financial Proposal.
12. The total time period for the assignment as Independent Engineer will be for 60 months. On
expiry or termination of aforesaid period, the Authority may in its discretion renew the
appointment.
13. Consultants may apply either as a sole firm or forming Joint Venture with other consultants.
In case of Joint Venture, the maximum number of Joint Venture partners is limited to 2 (i.e.
one lead + 1 JV partners). Formulation of more than one JV with different partners for the
same work is not allowed and all such proposal involving the firms shall be treated as non-
responsive.
14.
(A) The Applicant whether as sole application or lead member with joint venture may include
any number of Associate to provide technology in assignment. The associate firm can
provide equipment-based road inspection service for any of the 5 equipment viz., (i)
Network Survey Vehicle including all modules required as per technical specifications, (ii)
Falling Weight Deflectometer, (iii) Mobile Bridge Inspection Unit and (iv) Retro
Reflectometer (v) Automatic Traffic counter cum Classifier (ATCC). However, the
associate(s) cannot be common for 2 or more bidders. If any associate is common with 2
or more bidders, all those bids shall declare non-responsive. Hence, the bidder may ensure
on his own that associate proposed by him is not proposed by any other bidder participating
in the same assignment and the bidder is solely responsible in this regard.
(B) In addition, the applicant whether a sole applicant or lead member with joint venture may
also include an Associate for providing key personnel. In such case, the applicant should
submit a MOU with associate regarding role and responsibility of Associate Company.
However the maximum no. of key personnel from Associate firm during RFP proposal and
implementation of contract should be limited to two (2).
The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the NHAI any other right or remedy hereunder or
in law or otherwise, the Applicant shall be debarred from participating in the future
projects of the NHAI in the following situations (a) If an Applicant withdraws its Proposal
during the period of its validity as specified in this RFP and as extended by the Applicant
from time to time. (b) In the case of a Selected Applicant, if the Applicant fails to sign the
Agreement.
15. Consulting firms meeting the following criteria and not in conflict of interest with the
Concessionaire are only eligible for applying for this assignment. Firms not meeting these
criteria need not apply.
** Similar project means 2/4/6 lane as applicable for the project for which RFP is invited.
For 2-lane projects experience of 4/6 lane also to be considered with a multiplication factor
of 1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects.
For 4/6 laning projects, experience of 2- lane will be considered with a multiplication factor
of 0.4. But those 2 lane projects having cost of consultancy services more than Rs 3.0 crores
will be considered only.
B. Eligibility Criteria for partners in case of JV (not more than 1 JV partner shall be
allowed).
Lead Partner should meet at least 75% and JV partner should meet at least 40% eligibility
criteria of Annual Turnover. Lead partner and the JV partner both shall have experience
of at least one project of eligible category as in para 15 (A) above.
Note: The weightage given for experience of a firm would depend on the role of the firm
in the respective assignments. The firm’s experience would get full credit if it was the
sole firm in the respective assignment. Experience weightage for firms joining Lead
partner JV partner shall be considered in the same proportion as payment has been
received ** by the firm towards consultancy work in the project.
The bidder cannot revise their share among Lead / JV partner / Associate partner, which
was declared at the time of bidding. Further, maximum limit of share of associates shall
be limited to their actual assignments w.r.t provision of standard RFP subject to a
maximum of 25% of contract amount.”
(i) The maximum number of works to be permitted with one consultant isrestricted
as per the following ceilings.
Sr. Col (2) Col (3) Col (4) Col (5) Col (6)
No.
1 Average Annual Upto More More than More
Turnover of firm in Rs.10 than Rs.30 to than
last 3 financial years Crores Rs.10 to Rs.60 Rs.60
(from consultancy Rs.30 Crores Crores
works) * Crores
2 No. of Key 10 25 40 60
professionals on full
time rolls (minimum
for last one year)
3 Max. no. of projects / 6 12 25 40
DPR assignments to be
allotted to one
particular Consultant
including ongoing
projects at a time in
NHAI
4(i) Max. no. of DPR 6 12 25 40
assignments out of
those given at Sr.No.3
above
4(ii) Max. no. of IE / AE 4 9 18 30
assignments (cap of
75%) out of those
givenat Sr.No.3 above
Note :
1. Condition in both Sr.No.1 and Sr.No.2 are to be fulfilled to claim maximum no.
of projects given in Sr.No.3, 4.
3. In case any partner of the joint venture has its individual remaining bid capacity
less than 0.5 thus making him ineligible for the current bid but, on formation
ofjoint venture, the remaining bid capacity becomes more than 0.5, then during
the technical evaluation of the bids, the bids of such JVs will be declared as non-
responsive and they will not be allowed to participate in the current assignment.
(ii) The consulting firms should be encouraged to carry out a mix of DPR and Supervision
Assignments like IE/AE. Out of maximum number of projects given at Sr.No.3 above,
the ceiling for IE/AE assignments is 75%. For example, the Consulting firm at Col.
No.3 can get total 4 number of IE/AE assignments only from NHAI, whereas they can
get 6 DPR assignments. The financial proposal of the consulting firm crossing the
upper ceiling of assignments as at Sr.No.3 & 4 above shall not be opened.
(iii) The following assignments would not be counted for the purpose of maximum
number of projects given at Sr.No.3 to 4 of above Table
(a) IE / AE assignments where original assignment period + one year is lapsed
or provisional completion of civil work is issued, whichever is earlier.
(b) DPR assignments where either (i) the bids for civil works have been received
or original assignment period + one year has lapsed
(c) Assignments having less than 6 months contract period.
(d) The operation and maintenance contract (O&M).
(iv) The above guidelines will not be applicable in case of Special Projects such as
standalone projects of tunnel, bridge, emergency landing facility, flyovers and ROB/
RUB/ Underpass only.
(v) For the purpose of calculation of maximum no. of projects, the work awarded on
the date of opening of Financial Bid and in progress will be taken into consideration
as utilized capacity. Projects of NHAI (awarded / in progress) only shall be
consideredfor maximum no. of projects in Sr.No.3 & 4 purpose. The Consultant shall
provide these details and they shall be solely responsible for accuracy of such details
provided.
(vi) The Consulting Firms shall submit Form-26 AS in order to certify their permanent
key personnel (as given in Sr.No.2 of above table) along with the proposed
candidates.
(vii) The bidders shall submit the requisite details in the prescribed formats of Technical
proposal along with the RFP Documents for evaluation of Bids accordingly. The
modified format for determination of Technical Capacity (Appendix B-11) is
enclosed at Annex-B.
15.1 A. Applicant shall use the Link “Data Lake Portal” available on NHAI Website nhai.gov.in
to communicate with NHAI and Concessionaire for all Contractual correspondence.
B. No Physical document shall be accepted unless and until the same is specifically stated
so in the RFP or it is a legal requirement.
15.2 Following enhancement factor will be used for the cost of services provided and for the
turnover from consultancy business to a common base value for works completed in India.
Year of completion of services / turnover Enhancement factor
Financial year in which RFP invited 1.00
One year prior to RFP 1.10
Two year prior to RFP 1.21
Three year prior to RFP 1.33
Four year prior to RFP 1.46
Five year prior to RFP 1.61
Applicant should indicate actual figures of costs and amount for the works executed by them
without accounting for the above-mentioned factors.
In case the financial figures and values of services provided are in foreign currency, the above
enhancement factors will not be applied. Instead, current market exchange rate (State Bank of
India BC Selling rate as on last date of submission of the bid) will be applied for the purpose of
conversion of amount in foreign currency into Indian Rupees.
16. The Bidder including individual or any of its Joint Venture Member should, in the last 2 years,
have neither failed to perform for the works of Expressways, National Highways, ISC (Inter State
Connectivity) & EI (Economic Importance) works, as evidenced by imposition of a penalty by an
arbitral or judicial authority or a judicial pronouncement or arbitration award against the Bidder
including individual or any of its Joint Venture Member, as the case may be, nor has been
expelled or terminated by Ministry of Road Transport & Highways or its implementing agencies
for breach by such Bidder including individual or any of its Joint Venture Member. Consultants
(sole firm or lead firm and any of the JV partners) who have been debarred by NHAI and the
debarment is in force as on date of application, need not apply as their RFP proposal will not
be entertained.
17. NHAI will not be responsible for any delay, loss or non-receipt of RFP document sent by
post/courier. Further, NHAI shall not be responsible for any delay in receiving the Proposal and
reserves the right to accept/reject any or all applications without assigning any reason thereof.
18. The Technical proposal (in Original) must be submitted through online with all pages numbered
serially, along with an index of submission. Financial Proposals shall have to be submitted only
in Electronic Form (to be uploaded on the e-tender portal). In the event, any of the instructions
mentioned herein have not been adhered to, NHAI may reject the Proposal.
Bidders shall be required to submit original of the documents mentioned in Clause 4.1 of RFP
after declaration of bid evaluation result by Authority. Bidders failing to physically submit the
original documents listed in Clause 4.1 of RFP shall be unconditionally debarred from bidding in
NHAI projects for a period of 5 years from the date of issue of debarment notice. In case L-1
Bidder fails to submit the original documents listed in Clause 4.1 of RFP, the bidding process
shall be annulled and tenders shall be re-invited.
19. NHAI will be at liberty to keep the credentials submitted by the Consultants at bidding stage, in
public domain and the same may be uploaded on NHAI web-site. By submitting the proposal,
the Consultants shall be deemed to have no objection to upload/hoist the information pertaining
to their credentials as well as of their key personnel on NHAI web- site.
20. The individual key personnel proposed in the bid by the consultants or any replacement thereof
should undertake that they shall have no objection in uploading/hoisting of their credentials by
NHAI in public domain.
21. In case CV of a person is turned out to be fake/incorrect/inflated during the assignment, the
consultancy firms shall have to refund the salary and perks drawn in respect of the person apart
from other consequences.
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 bidder/ Class–II local bidder, 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‘. The Class–I local bidder, Class–II local bidder and
Non-Local Supplier are defined as under:
(i) ‘Class–I local bidder‘ means a bidder, whose goods, services or works offered for
procurement, meets the minimum local content as prescribed for ‘Class–I local bidder‘
under this RFP. The local content requirement to categorize a bidder as ‘Class–I local
bidder is minimum 50%.
(ii) ‘Class–II local bidder‘ means a bidder, whose goods, services or works offered for
procurement, meets the minimum local content as prescribed for ‘Class–II local bidder‘
under this RFP. The local content requirement to categorize a bidder as ‘Class–II local
bidder is minimum 20%.
(iii) ‘Non-local bidder‘ means a bidder, whose goods, services or works offered for
procurement, has local content less than that prescribed for ‘Class–II local‘ under this
RFP.
(iv) ‘Local content‘ means the amount of value added in India which shall be the total value
of item procured (excluding net domestic indirect taxes) minus the value of imported
content in the item (including all customs duties) as a proportion of the total value, in
percent.
In case estimated project cost is above Rs. 10 crores, the ‘Class–I local bidder‘ / ‘Class–II local
bidder‘ 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.
23. RFP submission must be received not later than 11:00 hrs on 22.11.2024 in the manner
specified in the RFP document.
S.No. Event Proposed Date
1. Invitation of RFP 21.10.2024
2. Last date for receiving queries 30.10.2024
3. Pre-bid meeting at specified venue 04.11.2024
4. Authority response to queries latest by 09.11.2024
5. Bid Due date 22.11.2024 upto 1100 Hrs
6. Opening of Technical bids 23.11.2024 at 11:30 Hrs
24. For any clarification, the following offices may be contacted:
Regional Officer,
National Highways Authority of India Regional Office – West (UP)-Lucknow,
Ph.0522-4960291,
E-mail: rowestup@nhai.org
SECTION 2. LETTER OF INVITATION TO CONSULTANTS
1. INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with other
consultant willing to act as IE to submit a proposal for providing consulting services required
for the assignment named in the attached Letter of Invitation.
1.2 A brief description of the assignment and its objectives are given in the Terms of Reference
(TOR).
1.3 This RFP is neither an agreement nor an offer by the Authority to the prospective Applicants
or any other person. The purpose of this RFP is to provide interested parties with information
that may be useful to them in the formulation of their Proposals pursuant to this RFP. This
RFP includes statements and assumptions, which reflect various assessments arrived at by
the Authority in relation to the Consultancy. Such assessments and statements do not
purport to contain all the information that each Applicant may require. The information
contained in this RFP, may not be complete, accurate, adequate or correct. Each Applicant
should, therefore, conduct its own investigations about the assignment and the local
conditions before submitting the proposal by paying a visit to the Client and the project site,
sending written queries to the client, before the date and time specified in the Data Sheet.
1.4 Please note that (i) the costs of preparing the proposal including visits to site, are not
reimbursable as a direct cost of assignment and (ii) NHAI is not bound to accept any of the
proposals received by it and reserves the right to annul the selection process at any time
prior to contract award, without thereby incurring any liability to the Consultants.
1.5 We wish to remind you that in order to avoid conflict of interest situations, any firm
associated with the Concessionaire of the Project Highway as its Design and/or Supervision
Consultant during construction period and defect liability period of the project or previous
Operation and Maintenance period and/or the Contractor(s) as Design Consultant and/or
Construction Supervision Consultant is not eligible to participate in the bidding. The
restriction herein shall not apply after a period of 5(five) years from the completion of their
consultancy assignment.
1.6 Deleted .
1.7 The Consultant will not propose any personnel who had been engaged by the
Concessionaire on the same project within last one year.
1.8 Consultant have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of their Client, or than may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of its Contract and/or any other action
as deemed fit by the Authority at any stage.
1.9 It is the NHAI’s policy that the consultants observe the highest standard of ethics during the
selection and execution of such contracts. In pursuance of this policy, the NHAI:
i. Defines, for the purpose of this paragraph, the terms set forth below as follows:
a “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of a public official in the
selection process or in contract execution;
b “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a selection process or the execution of a contract;
c “collusive practices” means a scheme or arrangement between two or more
consultants with or without the knowledge of the Client, designed to establish
prices at artificial, non-competitive levels;
d “coercive practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.
ii. Will reject a proposal for award if it determines that the Consultant recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or
coercive practices in competing for the contract in question;
iii. Will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded a contract if it at any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing, a contract; and
iv. Will have the right to require that a provision be included requiring consultants to
permit the NHAI to inspect their accounts and records relating to the performance of
the contract and to have them audited by authorized representatives of NHAI.
1.10 Consultants, their Sub-Consultants, and their associates shall not be under a declaration of
ineligibility for corrupt and fraudulent practices. Furthermore, the Consultants shall be
aware of the provisions on fraud and corruption stated in the specific clauses in the General
Conditions of Contract.
2.1. The Consultants may request a clarification of any of the RFP documents up to the number
of days indicated in the Data Sheet before the Proposal submission date. Any request for
clarification must be sent in writing by paper mail, facsimile, or electronic mail to the
Client’s address indicated in the Data Sheet. The Client will respond by cable, facsimile, or
electronic mail to such requests and will send copies of the response (including an
explanation of the query but without identifying the source of inquiry) to all consultants
who have purchased the RFP document. Clarification/amendment will also be hosted on
NHAI web-site.
2.2. At any time before the submission of Proposals, the Client may for any reason, whether at
its own initiative or in response to a clarification requested by a Consulting firm, modify
the RFP documents by amendment. Any amendment shall be issued in writing through
addendum. Addendum may be sent by mail, cable, telex, facsimile or electronic mail to
consultants or/and will be hosted on NHAI website which will be binding on them. The Client
may at its discretion extend the deadline for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal in Two Parts strictly using the formats
enclosed herewith (refer section 3 and 4). The two parts shall be:
The Financial Proposal should be submitted only in Electronic Form. No hard copy of
Financial Proposal is to be submitted. Please also refer “procedure under e-tendering”
defined in the RFP in this regard. The proposal shall be written in the English language as
specified in the Data Sheet. All pages of the Proposal shall be signed by an authorized
representative. The representative‘s authorization shall be confirmed by written Power of
Attorney duly notarized to be submitted with the proposal. In case of JV a MoU indicating
the specific Projects, input and role of each Partner etc. shall be submitted with the
proposal.
Part 1: Technical Proposal
3.2 You are expected to examine all terms and conditions included in the documents. Failure
to act or to provide all requested information will be at your own risk and may result in
rejection of your proposal.
3.3 During preparation of the Technical proposal you may give particular attention to the
following:
i. The man-months for the assignment shall be that stated in the Terms of Reference.
The same shall be considered for the purpose of evaluation as well as award.
ii. The Consultants should prefer to field as many of their permanent staff as possible
and higher marks shall be given in this regard. The permanent staff would be
considered those already employed with the firm prior to one year from the month
during which this Tender Notice is issued. More weightage will be given to those key
personnel who are employed with more years with the firm.
iii. No alternative to key professional staff may be proposed and only one Curriculum
Vitae (CV) may be submitted for each position and
iv. A good working knowledge of the language specified in the data sheet is essential
for key professional staff on this assignment. Reports must be in the language (s)
specified in the data sheet.
v. For Key Personnel e.g. Team Leader, Highway Maintenance cum Resident Engineer,
Bridge/ Structural Engineer and Road Safety Expert, the Consultants should prefer
candidates having worked on PPP Projects. Such personnel shall be rated higher than
the candidates having no such experience at all”.
3.4 Your Technical Proposal must provide the following information, using but not limited to
the formats attached in the Section 3 &4.
ii) Site Appreciation: limited to four A4 size pages in 1.5 space and 12 font including
photographs, if any;
iii) Proposed methodology for the execution of the services illustrated with bar charts
of activities. The proposed methodology should be accompanied by the consultants
initial view, key challenges they foresee and potential solutions. The proposal shall
indicate as to whether the firm is having the facilities for carrying out the following
field activities or these are proposed to be outsourced to specialized agencies.
v) In case the consultant envisages outsourcing any or all of the above services to the
expert agencies, the details of the same indicating the arrangement made with the
agencies need to be furnished. These agencies would however, be subject to
approval of the client to ensure quality input by such agencies before award of the
work. For out-sourced services, proposed firms/consultants should have such
experience on similar projects.
vi) The composition of the proposed staff team, the tasks which shall be assigned to
each and their timing;
a. The CVs of the key personnel in the format as per Appendix Period -B-6 is to be
furnished on Infracon portal. It may please be ensured that the format is strictly
followed and the information furnished therein is true and correct. The CV must
indicate the work in hand and the duration till which the person will be required
to be engaged in that assignment. The Firm shall ensure that details furnished in
the CV by the personnel are correct. If any information is found
incorrect/fake/inflated in the CV, at any stage, debarment of the key personnel
from future MoRTH or its Executing Agencies projects upto 2 years may be taken
by MoRTH or its Executing Agencies.
b. The age limit for key personnel is 65 years as on the date of bid submission. The
proof of age and qualification of the key personnel must be furnished in the
technical proposal.
c. CVs strictly in the prescribed format and recently signed in blue ink on each page
by both the proposed professional staff and the Managing Director/Head or the
authorized representative of the firm.
d. Key information should include years with the firm and degree of responsibility
held in various assignments. In CV format, at summary, the individual shall declare
his qualification & total experience (in years) against the requirements specified
in TOR for the position (Ref. Enclosure-B of TOR). If any information is found
incorrect/fake inflated in the CV, at any stage, debarment of key personnel from
future MoRT&H/ NHAI or its executing agencies projects upto 2 years may be taken
by MoRT&H/ NHAI or its executing agencies. In case, the information contained in
the CV for the duration in which the key personnel was employed by the firm,
proposing his candidature is found incorrect/fake/inflated at any stage, action
including termination of the consultancy agreement and debarment of the firm
upto 2 years from future MoRT&H or its Executing Agencies projects shall be taken
by MoRT&H or its Executing Agencies. In case, the information contained in the
CV for the duration in which the key personnel was employed by the firm proposing
his candidature is found incorrect/fake/inflated at any stage, the consultancy
firms shall have to refund the salary and perks drawn in respect of the person
apart from other consequences. In case, the information contained in the CV for
the duration in which the key personnel was not employed by the firm proposing
his candidature is found incorrect/fake/inflated at any stage, the consultancy firm
will have to refund the twice of salary and perks drawn in respect of the person
e. If same CV is submitted by two or more firms, zero marks shall be given for
such CV.
f. CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand, including those for which LOA has been received from the
Client or for which Consultant has been declared as H1, do not exceed 3(three)
for team leader, 2 (two) for Road Safety Expert and 3(three) for bridge/structural
engineer as on 7 days before due date of proposal.
g. All the CVs which are to be evaluated should be complete in all respects including
signing and certification by the individual and the firm. In order to overcome the
difficulties in furnishing the duly signed CVs due to time prescribed for submission
for RFP, maximum 3 CVs (except Team Leader and Highway Maintenance Engineer)
with scanned signatures of the candidates on all pages shall be permitted.
However, the authorized representative of the firm shall sign on each page. If the
firm is selected, then the firm shall submit duly signed CVs before the signing of
contract.
h. If a CV score less than 75% marks, whatever marks it score will be carried forward
for maximum 2 nos. key personnel for determining the total score of the firm.
However, if the Key Personnel does not fulfill the minimum academic qualification
(as mentioned at Enclosure-B of TOR of RFP), the overall score of his CV will be
evaluated as zero. If the Key Personnel does not fulfill the minimum qualification
related to experience (as mentioned at Enclosure-B of TOR of RFP), then zero
marks will only be assigned for that sub criteria, but the marks obtained by the CV
of the Key Personnel will be carried forward for maximum 2 nos. key personnel for
determining the total score of the firm. In case, a firm is H-1, then maximum 2
(two)
such Key Personnel (whose CV scores less than 75% or who does not fulfill the
minimum qualification) will have to be replaced by the firm before signing the
contract. The reduction in remuneration of such replacements will be at the
rate of 10% for each replacement. In case the information contained in the
CV for the duration in which the key personnel was employed by the firm
proposing his candidature is found incorrect / fake/ inflated at any stage
action including termination of the consultancy agreement and debarment
of the firm upto 2 years from future MoRTH or its executing agencies
projects shall be taken by MoRT&H or its executing agencies.
i. It is also clarified that any key personnel, if debarred during the period
between receipt of bid and award of the contract and is required to be
replaced as per the provisions of the RFP, then the replacement shall not be
considered as part of replacement by the consultant and hence no deduction
in remuneration shall be affected. However, in this case the original CV will
be considered for evaluation purpose.
j. In case the information contained in the CV for the duration in which the
key personnel was employed by the firm proposing his candidature is found
incorrect/ fake/ inflated at any stage, the consultancy firms shall have to
refund the salary and perks drawn in respect of the person apart from other
consequences.
k. In case the information contained in the CV for the duration in which the
key personnel was not employed by the firm proposing his candidature is
found incorrect/ fake/ inflated at any stage, the consultancy firms will
have to refund the twice of salary and perks drawn in respect of the
person.
viii) Deployment Schedule for each key personnel should be formulated and incorporated in the
Technical Proposal which will be reviewed on quarterly basis.
ix) Estimates of the total time effort (person x months) to be provided for the services, supported
by bar chart diagrams showing the time proposed (person x months) for each professional staff
and sub professional staff.
x) A certification to the effect should be furnished by the Consultant that they have checked the
qualifications and experiences details submitted by the key personnel in their CVs and found to
be correct. This certification should be made in CVs of all key personnel after the certification
by the candidate. The format of CV includes certification to this effect.
xi) Detailed Evaluation criteria of the Firm and Key Personnel, which will be used for evaluation of
Technical Bids is enclosed as Appendix B10 to Section-4. The consultants shall submit the self-
evaluation as per Appendix B10 duly filled in based on the Detailed Evaluation criteria mentioned
therein at Appendix-B10. While submitting the self- evaluation, Consultant shall make reference
to the documents along with page nos., which have been relied upon in his self-evaluation.
xii) The bidder shall be required to submit the details of ongoing assignments as per Annexure-I with
a declaration that all key personnel in the existing contracts have been duly deployed on such
projects during the last 3 months.
xiii) In case consultant firm experience / document is found to be false at any stage i.e. from
bidding to completion of services the consultancy contract shall be terminated and
consultant firm shall be debarred for a period of 2 years
3.5 The technical proposal must not include any financial information.
3.6 Your Financial Proposal must be strictly using the formats attached in Section 5. No additional
items/quantities other than that specified in the formats should be proposed by the Consultants since
the same shall not be considered for the evaluation/award. For the first 12 months from the Date of
Commencement of Services, Consultants shall be paid billing rates as indicated above. Beginning 13th
months of the services provided, billing rates shall be increased on all items of contract inter alia
including vehicle hire, office rent, consumables, furniture etc. @ 5% every 12 months for local currency
for the subsequent period of services rendered by the personnel of all categories namely (i) key
Personnel; (ii) sub- Professional personnel and (iii) Support staff. However, for evaluation and award of
the Bid proposals, the quoted initial rate (as applicable for first 12 months) shall be multiplied by the
total time input for each position on this contract, i.e., without considering the increase in the billing
rates.
3.7 The Financial Proposal should clearly identify as a separate amount, the local taxes (including social
security), duties, fees, levies and other charges imposed under the applicable law, on the consultants,
the sub-consultants, and their personnel (other than nationals or permanent residents of the
government’s country); unless the Data Sheet specifies otherwise. This cost, however, will not be
considered in evaluation.
3.8 Consultants may express the price of their services in the Local currency (Indian Rupees)
3.9 The Goods and service tax shall be considered for release along with invoice, subject to condition that
Consultant submits the proof of deposit of the same with a Certificate from CA firm within a period of
90 days of receipt of such Goods and service tax.
*(This will be the exchange rates as per Reserve Bank of India rounded off to nearest Rupee
applicable at the time of RFP invitation).
4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS
ii. Financial proposal are only to be submitted online and no hard copy of the financial
proposal should be submitted.
Bidders shall be required to submit original of the documents mentioned in Clause
4.1 of RFP after declaration of bid evaluation result by Authority. Bidders failing to
physically submit the original documents listed in Clause 4.1 of RFP shall be
unconditionally debarred from bidding in NHAI projects for a period of 5 years from the
date of issue of debarment notice. In case L-1 Bidder fails to submit the original
documents listed in Clause 4.1 of RFP, the bidding process shall be annulled and tenders
shall be re-invited.
iii. Detailed RFP may be downloaded from https://etenders.gov.in and the Application may
be submitted online following the instructions appearing on the screen. A Vendor manual
containing the detailed guidelines for e-tendering system is also available on
https://etenders.gov.in.
iv. The following shall be the form of various documents in the Application:
iii. The Applicant shall submit the original documents specified above in point no.4.1
(ii) B together with their respective enclosures to the Authority after declaration of
evaluation result by Authority in compliance of Circular No. 9.1.11/2019 dt. 06.06.2019
in regard to dispensation of physical submission.
iv. The Applicant shall upload scanned copies of the Technical Proposal and Financial
Proposal as specified in point nos. 4.1 (ii) A & B above on the https://etenders.gov.in
before 1100 hours Indian Standard Time on the Application due date i.e. on 22.11.2024.
Financial Proposal is to be submitted On-line only and no hard submission is to be made.
v. It may be noted that the scanned copies can be prepared in file format i.e. PDF and/or
ZIP only. The Applicants can upload a single file of size of 10 MB only but can upload
multiple files.
i) All the Consultancy Firms and key personnel have to register on www.infracon.nic.in
portal and should upload their technical proposals/credentials in public domain. This
Portal has facility to host Firms & Personnel credentials online with option to link to
Aadhaar & Digilocker for data validation & purity.
ii) The Applicant shall ensure that they have uploaded modules stipulated in MoRT&H
Circular No. RW-NH-35075/1/2010-S&R dt. 28.10.2015 on www.infracon.nic.in, failing
which the bid submitted will be summarily rejected. Hard copy of the documents as
specified in the said MoRT&H Circular only is required to be submitted. Financial
Proposal is to be submitted online only and no hard copy submission is to be made. In
the event of any discrepancy between the original and the copy (in electronic form),
the original shall prevail.
4.2. 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.
The Authority shall open Technical Proposal received as mentioned in point nos.
4.1 (ii) B at 1130 hours Indian Standard Time on the Application due date i.e.
23.11.2024 in the presence of the Applicants who choose to attend. This Authority
will subsequently open the Technical Proposal as mentioned in point No. 4.1 A(a) above
and evaluate the Applications in accordance with the provisions set out in the RFP.
ii. The Financial Proposal 4.1 (ii) A (b) will be opened of the short listed applicants who
qualify for financial opening as per RFP. The date of opening of Financial Proposal will
be notified later on.
5. PROPOSAL EVALUATION
5.1. A two -stage procedure shall be adopted for evaluating the proposals.
5.2. Deleted.
Technical Proposal
5.3.
i. The Evaluation Committee appointed by the NHAI shall carry out its evaluation
applying the evaluation criteria at Appendix-B10 and point system specified in the
data sheet. Each responsive proposal shall be attributed a technical score (St.) The
technical proposal should score at least 75 points to be considered responsive. The
Authority shall shortlist 5 (five) top firms on the basis of their technical score not in
the conflict of interest with the concessionaire.
ii. The Technical Evaluation made by NHAI based on the criteria at Appendix-B10 will be
made available on NHAI website i.e., www.nhai.org, giving opportunities to respond
within 7 days in case of objections, if any.
Financial Proposal
5.4. After the evaluation of Technical Proposals is completed and the shortlist of 5 firms is
finalized, NHAI may notify those consultants whose proposals were not considered as per
conditions of RFP indicating that their Financial Proposal will not be opened online. The
NHAI shall simultaneously notify the finally selected 05 (five) short listed firms indicating
the date and time set for opening of the Financial Proposals.
5.5. The Financial Proposals shall be opened through e-procurement publicly in the presence of
the consultants’ representatives who choose to attend. The name of the consultant, the
technical scores, and the proposed prices shall be read aloud and recorded when the
Financial Proposals are opened. The Client shall prepare minutes of the public opening.
5.6. The Evaluation Committee will determine whether the submitted Financial Proposals are
complete (i.e., whether they have included cost of all items of the corresponding
proposals; if not, then the cost towards such missing items will be considered as NIL, but
the Consultant shall, however, be required to carry out such obligations without any
additional compensation. In case under such circumstances, if Client feels that the work
cannot be carried out within the overall cost as per the submitted financial proposal, such
proposals shall be considered non responsive.
5.7. The Evaluation Committee shall determine if the financial proposal is complete and without
computational errors. The order of priority as among these firms on the basis of financial
bids will also be determined and the lowest financial bid shall rank first for award of
contract.
5.8. The lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points. The
financial scores (Sf) of the other Financial Proposals will be computed as
Sf = 100 x Fm/F, where Sf is the financial score. Fm is the lowest price and F, the price of
the proposal under consideration. Proposals shall finally be ranked according to their
combined technical (St) and financial (Sf) scores using the weights indicated in the data
sheet:
S = St x T% + Sf x P%.
The Firm achieving the highest combined technical financial score shall be declared as the
most preferred bidder.
5.9 Subject to the provisions of Clause 5.3, the Bidder whose BID is adjudged as responsive. The
bidder shall be declared as most preferred bidder shall be the first Ranked applicant (having
the highest combined Technical and Financial score as per RFP) as procedure defined as
under:-
(i) Among all the responsive bidder, the most preferred bidder will be termed as H-1. If H-1
is Class-I Local Bidder, the contract will be awarded to H-1.
(ii) If H-1 is not Class-I local bidder, then the most preferred bidder among the Class-I local
bidder (having Highest combined Technical and Financial Score as per RFP among ‘Class-I
local bidder’) will be invited to match H-1 price subject to Class-I local bidder’s quoted price
falling within the margin of purchase preference, and the contract will be awarded to such
preferred Class-I local bidder’ subject to Class-I local bidder matching the financial quote of
H-1 of his quote whichever is lower.
(iii) In case such preferred eligible ‘Class-I local bidder’ fails to match the H-1 price, the
‘Class-I local bidder with next Highest combined score (having next Highest combined
Technical and Financial Score as per RFP among Class-I local bidders), within the
margin off purchase preference shall be invited to match the H-1 price and so on the contract
shall be awarded accordingly. In case none of the Class-I local bidder within the margin of
purchase preference matches the H-1 price, the contract shall be awarded to the H-1 bidder.
Margin of purchase preference means the maximum extent to which the price quoted by
Class-I local bidder may be above/below the H-1 for the purpose of purchase preference. The
margin of purchase preference shall be 20%.
5.10 As per NHAI Policy Guidelines/Consultancy /2022, Policy no. 10.1.35/2022 dated 11.10.2022,
the Expert Teams (2-3 to begin with) comprising of 3 eminent retired/serving officers in each
team will be set up by each Member to take the interviews through VC of the Key Personnel
of H-1 Consultants before issue of LOA of consultancy assignments under their jurisdiction.
The proceedings of VC shall lie on Data Lake as a record. If any Key Personnel is found not
suitable, such person will not be allowed to participate for 3 months in NHAI’s projects. The
Consulting Firm will be given one opportunity to replace unsuitable person with a person of
equal or better CV and no reduction in remuneration shall apply to such replacements. If
Consultants fails
to produce alternate CV within 7 days or alternate CV/Person is also not found suitable by
the expert team, then the consultancy firm shall be given further opportunity to replace the
unsuitable person with reduction in remuneration of that position @10% for such replacement
till suitable key person is made available and he is found suitable by expert team. Those key
personnel who have been declared not suitable/not recommended in the previous interviews
(before issue of this circular) may be allowed to reappear before interview expert committee
if they have completed stipulated time period of 3 (three) month as mentioned above.
The key personnel proposed by the consultancy firm and found suitable by expert team of
NHAI through interaction shall remain eligible for the same position for 3 (three) years from
the date of interaction in case they left the project for any justified reason and are
subsequently proposed for other projects
5.11 Remuneration of Professional staff claimed by the consultancy firms as per MoRT&H
Circular dated 20.09.2022 (Copy of the circular attached).
6. Replacement of Personnel
6.1. Prior to the expiration period of validity of proposal, the NHAI shall notify the successful
firm (first ranking firm) in writing by registered letter or facsimile and issue LOA. In case
two or more firms offer same lowest financial bid, the firm achieving the highest technical
score shall be considered for LOA.
6.2. The proposal shall include methodology (work plan), staffing and bar charts, which shall
indicate activities, staff, periods in the field and in the home office, staff months, logistics
and reporting. Special attention shall be paid to optimise the required outputs from the
firm within the available budget and to define clearly the inputs required from the NHAI
to ensure satisfactory implementation of the assignment.
6.3. It is the responsibility of the Consultant, before submitting the financial proposal, to
contact the local tax authorities to determine the local tax amount to be paid by the
Consultant under the Contract. Having selected a firm, among other things, on the basis
of an evaluation of proposed key professional staff, the Contract will be finalized.
6.4 All replacements shall be governed by Clause 4.5 (Renewal and/or Replacements of
Personnel) of General Condition of the Contract.
7. AWARD OF CONTRACT
7.1. The Client shall award the Contract to the selected Consultant. However, after signing of
the Contract, the Client may return the unopened Financial Proposals to the unsuccessful
Consultants.
7.2. The successful firm with whom the contract is signed is expected to commence the
assignment on the date and at the location specified in the data sheet.
8. PERFORMANCE CLAUSE
Independent Engineers shall be expected to fully comply with all the provisions of the ‘Terms
of Reference’, and shall be fully responsible for supervising and ensuring that the Designs,
Construction and Maintenance and Operation of the facility takes place in accordance with the
provisions of the Concession Agreement. Failure of the Independent Engineer to notifying NHAI
and the Concessionaire on non-compliance of the provisions of the Concession Agreement by
the Concessionaire, non-adherence to the provision of ToR and non-adherence to the time
schedule prescribed under ToR shall amount to non- performance.
The Independent Engineer shall appoint senior most technical director or equivalent as its
authorized representative, who shall correspond with the NHAI besides Team Leader to monitor
the performance of its staff, undertake quarterly site inspections and give a report to NHAI on
such inspection for comments and suggestions of NHAI for future compliance, issue on behalf
of the IE, the Provisional Completion Certificate and Completion Certificate and shall carry out
any such task as may be decided by NHAI. The IE shall take prior approval of NHAI before issuing
Provisional Completion Certificate and Completion Certificate. The proposal submitted shall
also include the name of the authorized representative along with the authorization letter and
power of attorney. No separate payment shall be made for such inputs and site visits of the
authorized representative as the same shall be treated as incidental to the assignment.
9. CONSULTANT’S PROPOSAL
9.1. Broad job-description and minimum qualification and experience requirements for key
personnel mentioned above are given in Enclosure–B. However, higher marks shall be
accorded to the Candidate with higher relevant qualification and experience in PPP
projects. The age of the Key Personnel should not be more than 65 years on the date of
submission of proposal. Consultants are advised in their own interest to frame the technical
proposal in an objective manner as far as possible so that these could be properly assessed
in respect of points to be given as part of evaluation criteria. The bio-data of the key
personnel should be signed on every sheet by the personnel concerned and the last sheet
of each bio-data should also be signed by the authorized signatory for the Consultant. The
key personnel shall also certify at the end of their bio-data proforma that they have not
left any of the NHAI works without completing of their assignment and have not accepted
any other offer at the time of signing of the bio-data and as such shall be available to work
with the Independent Engineer, if the Project is awarded. In case the key personnel leave
the assignment without approval of NHAI, NHAI would be at liberty to take any appropriate
action against those key personnel including debarment.
9.2. In addition to above, the consultants are required to propose sub-professional staff as
detailed in Enclosure-A with the minimum qualification and experience requirements as
given in Enclosure–B.
10. PERFORMANCE SECURITY
10.1 The successful consulting firm shall have to submit a Bank Guarantee (BG) for an amount
of 3% of the Contract Value within 15 days of issue of LOA. The BG shall be valid for a
period of 62 months i.e. up to 2 months beyond the expiry of the Contract of 60 months.
Alternatively, a single Bank Guarantee to cover for the performance of all project under NHAI may
also be deposited as tabulated below, at the discretion of the consultant, instead of depositing
separately again and again. The Consultant may initially provide the Performance Security for a period
of two years provided that it shall procure the extension of the validity of the Performance Security
at least one month prior to the date of expiry thereof. Once the appropriate single Bank Guarantee
for Performance Security has been submitted by the Consultant, the existing BGs shall be returned.
The Bank Guarantee be submitted in prescribed Performa.
Performance Security
Cumulative Value of Consultancy Fee as BG Value (in Rs. Crores)
per Ongoing Contracts under NHAI (in
Rs. Crores)
0-10 0.5
10-20 1.0
20-30 1.5
30-40 2.0
40-60 3.0
60-80 4.0
80-100 5.0
100-200 8.0
Beyond 200 10.0
10.2 The BG shall be in the format specified in Appendix I of draft contract form and furnished
from a Nationalized Bank, IDBI or ICICI/ICICI Bank/Foreign Bank/EXIM Bank / any
Scheduled Commercial Bank approved by RBI having a net worth of not less than 1000
crore as per latest Annual Report of the Bank. In the case of a Foreign Bank (issued by a
Branch in India) the net worth in respect of Indian operations shall only be taken into
account. In case of Foreign Bank, the BG issued by Foreign Bank should be counter
guaranteed by any Nationalized Bank in India. In case of JV, the BG shall be furnished on
behalf of the JV and not individually by the members.
10.3 Further, in cases where the bid of the successful consulting firm is less than 85% of the
average of all bids received, the successful consulting firm shall have to submit an
Additional performance Security (APS) in the form of a Bank Guarantee for 30% of the
differential value between the successful bid and average of all bids received. The BG
shall be valid for a period of 62 months i.e. up to 2 months beyond the expiry of the
Contract of 60 months. The other requirements of APS are same as those of Performance
Security.
10.4 In the event the Consultant fails to provide the security within 15 days of date of LOA, it
may seek extension of time for a period of15 (Fifteen) days on payment of damages for
such extended period in a sum of calculated at the rate of 0.1% (Zero Point One Percent)
of the contract price for each day until the performance security is provided. For the
avoidance of doubt the agreement shall be deemed to be terminated on expiry of
additional 15 days time period.
10.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree
that in the event of failure of the Consultant to provide the Performance Security in
accordance with the provisions of Clause10.1 within the time specified therein or such
extended period as may be provided by the Authority, in accordance with the provisions
of Clause and thereupon all rights, privileges, claims and entitlements of the Consultant
under or arising out of this Agreement shall be deemed to have been waived by, and to
have ceased with the concurrence of the Consultant, and LoA shall be deemed to have
been withdrawn by mutual agreement of the Parties. Authority may take action debar
such firm for future projects for a period of 1-2years.
I. Sub criteria for Relevant Experience of the firm for the assignment
ii. Sub criteria for Adequacy of the proposed work plan and methodology
Site Appreciation 1
Quality of Approach and Methodology (approach and initial view on project plan 2
including key challenges envisaged and potential solutions)
Internal Quality Audit Methodology to be adopted (Quality Assurance Plan) 2
Total 5
iii. Sub criteria for Experience in use of technology for road inspection
Note:
(i) The consultants owing the equipment shall be required to submit proof of ownership.
(ii) The experience of the associate firms in use of technology shall also be counted in the
evaluation. The experience of firm or associate firm in NSV, FWD, MBIU, Retro
reflectometer, ATCC or equivalent technology shall be supported by experience
certificate. The experience of the firm / associate shall be recognized, only when the
firm / associate has actually performed the above activities through its own staff
directly to avoid duplicity in claiming of the experience3.1The experience of a firm/
associate firm for a private concessionaire/contractor shall be considered only if the
experience certificate is authenticated by the concerned competent Government
department/ authority.
(iii) In case, Ownership document of equipment of Consultancy / Associate Firm is found
to be false, (i) The Consultancy / Associate Firm, as the case may be, shall be put
on holiday listing (temporary debarment) for a period of upto 12 months.
vi. Detailed evaluation criteria which is to be used for evaluation of technical bids is as
indicated below as Appendix-EC.
vii. The Consultant should carryout self-evaluation based on the evaluation criteria at
Appendix-EC. While submitting the self-evaluation along with bid, Consultant shall make
references to the documents which has been relied upon in his self-evaluation.
viii. Result of technical evaluation shall be made available on the website giving opportunity
to the bidders to respond within 7 days in case they have any objection.
ix. The single currency for price conversion is INR. For evaluation of bid proposals, the foreign
currency conversation rate of 1US Dollar = Rs. ***** and 1 Euro = Rs.***** shall be used.
x. The weightage given to technical proposal is T= 80%. The weightage given to financial
proposal is P = 20%.
xi. Commencement of Assignment: The firm shall begin carrying out the services within 15
days of signing of the Consultancy Agreement.
Remarks: Based on experience and the Consulting Industry’s Capacity, Project specific
requirement etc., NHAI may modify the above criteria for Selection of IE
Section 3: FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS
The proposal should contain the following information in enclosed format attached at Appendix
A.
Year of Establishment of Firm
Average annual turnover (last five years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the last five
years (FY 2019-20, 2020-21, 2021-22 & 2022-23,2023-24)**. For claiming experience of Highway
projects, Completion Certificate from Employer should be enclosed. The proposal should also
contain the details of the key personnel viz. their name, qualification, expertise area, experience
and years of association with the firm.
Appendix A
The following information related to the firm should be provided in the proposal.
i. Name of the package applied for:-
ii. Year of establishment of firm *
Individual/Lea
d
Partner (of JV
NOTE: - Year of Establishment of Lead Partner of JV shall be considered.
*Copy of Certificate of incorporation shall be submitted.
iii. Office/Business Address/Telephone nos./Cable Address.
iv. Narrative description of firm (Not more than 2 sheets)
v. Name of two (2) principals who may be contacted with title and telephone
number/fax number.
vi. Financial Statement of the last five years. **
b. The currency conversion rate for the respective years shall be mentioned for
other international currencies.
c. Balance Sheet/ Auditor Certificate of last 5 years (FY 2019-20, 2020-21, 2021-22 &
2022-23 & 2023-24) shall be submitted as evidence of Annual Turnover”.
d. Wherever details for Audited Balance Sheet, Financial Statement, Balance
Sheet/Auditor Certificate of last 5 years are sought, the last 5 year shall be preceding
the year in which Bid submission is to be made.
In case the annual accounts for the latest financial year are not audited and therefore
the Applicant cannot make it available, the Applicant shall give an undertaking to this
effect duly certified by statutory body like Chartered Accountant or Independent
Auditor who are competent to do so as recognized by the state concerned. In such a
case, the Applicant shall provide the Audited Annual Reports for 5 (five) years preceding
the year for which the Audited Annual Report is not being provided.
vii. Experience *** as Independent Engineer or Construction Supervision of Highway
Projects, separately for PPP and non-PPP Projects during the last 7 years.
Client
(with
Projects
complet Fee
Name/year
e Total Received
Sole address, Fee for by
consultant Descri- contact the Applican % Age of
Prime ption of person, Con- t (in Total
Consultant Type Highway telephon sultancy case of Fee Approx.
of JV/JV/or Services Project/ e Nos Assign- JV/ Receive Cost of
S. Sub Ren- Length and Fax ment Associ- d by the Highway Perio
No Consultant dered (kms) Nos) (INR) ation) Firm Project d
1 2 3 4 5 6 7 8 9 10
Client
(with
complete Total Fee
address, for the
contact Consul- Fee in % age of
person, tancy INR total fee
Type Length of telephon Assign- (Applican received
S. Projects Services Project e Nos and ment t’s share by the
N o Name/year Rendered (kms) Fax Nos) (INR) in firm Period
1 2 3 4 5 6 7 8 9
ix. Experience *** in Project Supervision/IE for Operation and Maintenance of Highway
Projects, separately for PPP and non-PPP Projects during the last 7 years.
Projects
Name/
Client
year Fee
(with
Sole complete Total Fee Received
consultant Descri- address, for the by
Prime ption of contact Con- Applicant % Age of
Consultant Type Highway person, sultancy (in case Total Fee
of JV/JV/or Services Project/ telephon Assign- of JV/ Received
S. Sub Ren- Length e Nos and ment Associ- by the
No Consultant dered (kms) Fax Nos) (INR) ation) Firm Period
1 2 3 4 5 6 7 8 9
a. ***4/6 lane as applicable for the project for which RFP is invited. Experience of 4/6 lane
shall be considered interchangeably for 4/6 laning projects.
b. Only those projects, to be included in the table which are Highways Projects and for
which clients certificates from the concerned Government agencies are enclosed with
the proposal. The certificate should be issued by an Officer not below the rank of
Executive Engineer.
c. The weightage given for experience of a firm would depend on the role of the firm in the
respective assignments. The firm’s experience would get full credit if it was the sole firm
in the respective assignment. Experience weightage for firms as Lead partner/JV
partner/Associate shall be considered in the same proportion as payment has been
received by the firm towards consultancy work in the project.
d. For weightage of experience in any past Consultancy assignment experience certificate
from the client shall be accepted. In the absence of experience certificate from the
client, proportion of payment received towards Consultancy work duly certified by
statutory body like Chartered Accountant or Independent Auditors who are competent to
do so as recognized by the State concerned shall be accepted. Annual turnover duly
certified by Chartered Accountant shall be accepted. In case of non-availability of such
documents no weightage of turnover/experience will be considered.
e. Assignments on hand including those for which the Letter of Acceptance from the clients
received as on 7 days prior to due date for submission of proposals: The details shall be
given in the following format.
Role of the
Team Members
firm
provided by the
Sole, Lead/ Date of Date of firm
(f) Number of Key Personnel (as defined in RFP) employed with the firm in highway sector
with more than one year from bid submission date:
Bridge/Structural Engineer
Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for engagement as IE for the Operation
and Maintenance of
i.
We, the undersigned, offer to provide the consulting services for the above in accordance with your
Request for Proposal dated , and our Proposal dated while duly examining and
understanding the contents of RFP. We are hereby submitting our Proposal, which includes this
Technical Proposal and a Financial Proposal sealed under a separate envelope for the above
mentioned work.
My/Our registration No. on Infracon is ……. and my/our Infracon Team ID is …………….
We further certify that in the last 3 years, we or any member of our JV/Associates have neither
failed to perform any contract/ assignment nor have been expelled from any contract/assignment
nor had any contract/assignment terminated for our breach. our Proposal is binding upon us.. We
understand you are not bound to accept any Proposal you receive
We remain,
Yours sincerely,
Authorized Signatory
Name and Address of Firm
(Lead Member in case of JV)
APPENDIX B-2 : : SITE APPRECIATION
Shall give details of site as per actual site visit and data provided in RFP and collected from site
supported by photographs to demonstrate that responsible personnel of the Consultant have
actually visited the site and familiarized with the salient details/complexities and scope of
services.
APPENDIX B-3 : APPROACH PAPER ON METHODOLOGY FOR PERFORMING THE ASSIGNMENT
The approach and methodology will be detailed precisely under the following topics.
1) Methodology for services, surveying, road condition data collection and analysis [not more
than 2 pages]
2) Key challenges foreseen and proposed solutions in carrying out the assignment [not more
than 1 page]
3) Proposed Quality Audit Methodology and Quality Assurance Plan [not more than 6 pages]
APPENDIX B-4 : FACILITY FOR FIELD INVESTIGATION AND TESTING
1. State whether applicant has in-house (created in house at site)/ outsourced/ not
available facility for
Surface defects detection and roughness measurement using Network Survey Vehicle
Pavement strength measurement using FWD Bridge
inspection using Mobile Bridge Inspection Unit Road
signs inspection using Retro Reflectometer
Traffic count using ATCC
2. In-case answer to 1 is available (created in house at site) a list of field investigation and
testing equipment is to be attached
3. In case answer to 1 is outsourced/not available – arrangements made or proposed to be
made for each of the above field investigations is to be attached
4. For experience in NSV, FWD, MBIU and reflectometer, references need to be
provided in the following format:
REFERENCES
Relevant Services Carried Which Best Illustrate Qualifications
The following information should be provided in the format below for each reference assignment
for which your firm, either individually as a corporate entity or as one of the major companies within
a consortium, was legally contracted by the client:
1. Technical/Managerial Staff
2. Support Staff
…
APPENDIX B-6 : FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED
PROFESSIONAL STAFF
:.......................................................................................
:........................................................................................
................................... ...........................................................
Date of Birth :
Years with Firm/Entity Nationality:
of Professional
..............................
:..........................
.................
Membership
Societies:.......................
...................................
...............
Detailed Task Assigned :
..............................................................................................
Name of Period
Employ Projec Assignment in Client of
er t Name the Project the Rema
S. No Post Held From To Project rk
Education:
[Summarise college/university and other specialised education of staff member, giving their names,
dates attended, and degrees obtained. Use about one quarter of a page.]
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks on assignment.
Describe degree of responsibility held by staff member on relevant previous assignments and give
dates and locations. Use about half a page.]
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held
by staff member since graduation, giving dates, name of employing organisations, titles of
positions held, and locations of assignments. For experience in last ten years, also give types
of activities performed and client references, where appropriate. Use about three- quarters
of a page.]
Languages:
[For English language indicate proficiency: excellent, good, fair, or poor; in speaking,
reading, and writing]
Summary of Qualification & Experience vis-à-vis the requirements as per TOR
Break-up of experience
Requirements as per
TOR (Enclosure- B) Possessed by the Staff Brief Description of Man-months
Member Project provided
Certification by the Candidate
I, the undersigned, (Name and Address) undertake that this CV correctly describes myself, my
qualifications and my experience and NHAI would be at liberty to debar
me if any information given in the CV, in particular the Summary of Qualification & Experience vis-
à-vis the requirements as per TOR is found incorrect. I further undertake that I have neither been
debarred by NHAI nor left any assignment with the consultants engaged by NHAI / contracting firm
(firm to be supervised now) for any continuing work of NHAI without completing my assignment. I
will be available for the entire duration of the current projects (named ). If I leave this
assignment in the middle of the work, NHAI would be
at liberty to debar me from taking any assignment in any of the NHAI works for an appropriate period
of time to be decided by NHAI. I have no objection if my services are extended by NHAI for this
work in future.
I further undertake that if due to my inability to work on this project due to unavoidable
circumstances, due to which consultant’s firm is forced to seek replacement. In such unavoidable
circumstances, I shall not undertake any employment in NHAI projects during the period of
assignment of this project and NHAI shall consider my CV invalid till such time.
I further certify that I am associated with the following assignments as on date (as on 7 days prior
to due date for submission of proposal) including those for which LOA has been received by the firm
and the inputs in these assignments shall not effect the work of the current assignment.
The undersigned on behalf of …………………… (name of consulting firm) certify that the
qualification and experience details of Shri ……. (name ………………………………………………………….. of
the proposed personnel and address) as described in the CV has been checked and found to be
correct. It is also certified that Shri…… (name of proposed personnel) to the best of our knowledge
has neither been debarred by NHAI nor left his assignment with any other consulting firm
engaged by NHAI / Contracting firm (firm to be supervised now) for the ongoing projects. We
understand that if the information about leaving the past assignment is known to NHAI, NHAI
would be at liberty to remove the personnel from the present assignment and debar him
for an appropriate period to be decided by NHAI.
Note:-
a. Personnel is to affix his recent photograph on first page of CV.
b. Complete address and phone number of the Personnel is to be provided.
c. Document for proof of age is to be enclosed.
d. Document for proof of qualification is to be enclosed.
e. Age of the personnel shall not be more than as specified.
f. Experience Certificates from Employers to be attached.
APPENDIX B-7: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
SI.
No Reports: Programme: (Date)
2 Quarterly Reports
I, the undersigned, on behalf of (name of the Consultant submitting the proposal), do hereby
certify that the details furnished in this proposal including CV of key personnel and experience
claimed by the firm/firms are true and correct to the best of my knowledge and belief.
(To be filled by Sole Consultant and in case of JV, separately by the JV partners bidding for the
assignment)
INTEGRITY PACT
(To be executed on plain paper and submitted along with Technical Bid/Tender documents for
tenders having a value between Rs.5 Cr and 100 Cr. To be signed by the bidder and same signatory
competent/ authorized to sign the relevant contract on behalf of the NHAI)
Tender No.
2023. Between
National Highways Authority of India (NHAI), a statutory body constituted under the National
Highways Authority of India Act, 1988, which has been entrusted with the responsibility of
development, maintenance and management of National Highways, having its office at G-5 & G-6,
Sector-10, Dwarka, New Delhi, hereinafter referred to as “The Principal”, which expression shall
unless repugnant to the meaning or contract thereof include its successors and permitted assigns.
and
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures, contract/s for
“Consultancy services as Independent Engineer during Operation & Maintenance Period for the
Project “4 lane Unnao-Lalganj section of NH-232A (NH-31) from design Km 00.000 to design Km
70.000 under Bharatmala Pariyojana on Hybrid Annuity Mode in the state of Uttar Pradesh" The
Principal values full compliance with all relevant laws of the land, rules of land, regulations,
economic use of resources and of fairness/ transparency in its relations with its Bidder(s) and/ or
Contractor(s)/Concessionaire(s)/ Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this Integrity
Pact (hereafter referred to as Integrity Pact) the terms and conditions of which shall also be read
as integral part and parcel of the Tender documents and contract between the parties. Now,
therefore, in consideration of mutual covenants stipulated in this pact, the parties hereby agree as
follows and this pact witnesses as under:-
1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
c. The Principal will exclude all known prejudiced persons from the process, whose
conduct in the past has been of biased nature.
2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and
in addition can initiate disciplinary actions as per its internal laid down Rules/Regulations.
The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to take all measures
necessary to prevent corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
Article – 3 Disqualification from tender process and exclusion from future contracts.
4. The Bidder/ Contractor/ Concessionaire/ Consultant with its free consent and without any
influence agrees and undertakes to respect and uphold the Principal’s absolute rights to
resort to and impose such exclusion and further accepts and undertakes not to challenge
or question such exclusion on any ground, including the lack of any hearing before the
decision to resort to such exclusion is taken. This undertaking is given freely and after
obtaining independent legal advice.
5. The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder/ Contractor/ Concessionaire/ Consultant shall be
final and binding on the Bidder/ Contractor/ Concessionaire/ Consultant. However, Bidders
Consultant(s), the Bidders Contractor(s) Concessionaire(s) Consultant(s) can approach
IEM(s) appointed for the purpose of this pact.
6. On occurrence of any sanctions/ disqualification etc arising out from violation of integrity
pact, the Bidder/ Contractor/ Concessionaire/ Consultant shall not be entitled for any
compensation on this account.
7. Subject to full satisfaction of the Principal, the exclusion of the Bidder/ Contractor/
Concessionaire/ Consultant could be revoked by the Principal if the Bidder/ Contractor/
Concessionaire/ Consultant can prove that he has restored/ recouped the damage caused
by him and has installed a suitable corruption prevention system in his organization.
1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest Money
Deposit/ Bid Security or demand and recover the damages equivalent to Earnest Money
Deposit/ Bid Security apart from any other legal right that may have accrued to the
Principal.
2. In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to forfeit
the Performance Bank Guarantee of the Contractor/ Concessionaire/ Consultant and/ or
demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
1. The Bidder declares that no previous transgressions occurred in the last 3 years immediately
before signing of this Integrity Pact with any other Company in any country conforming to
the anti corruption/ Transparency International (TI) approach or with any other Public
Sector Enterprise/ Undertaking in India or any Government Department in India that could
justify his exclusion from the tender process.
2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action for his exclusion can be taken as mentioned under Article-3 above
for transgressions of Article-2 and shall be liable for compensation for damages as per
Article-4 above.
2. The Principal will enter into agreements with identical conditions as this one with all
Bidders/ Contractors/ Concessionaires/ Consultants and Subcontractors.
3. The Principal will disqualify from the tender process all Bidders who do not sign this
Pact or violate its provisions.
1) The Principal appoints competent and credible Independent External Monitor for this Pact
after approval from Central Vigilance Commission. The task of the Monitor is to review
independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
2) The Monitor is not subject to instructions by the representatives of the parties and performs
his functions neutrally and independently. 1le reports to the Chairman, NHAI.
3) The Bidder(s) /Contractor(s) /Concessionaire(s) /Consultant(s) accepts that the Monitor has
the right to access without restriction to all project documentation of the Principal including
that provided by the Bidder(s) /Contractor(s) /Concessionaire(s) /Consultant(s). The
Bidder(s)
/Contractor(s) /Concessionaire(s) /Consultant(s) will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional access
to his project
documentation. The same is applicable to Subcontractors.
4) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/ Contractor(s) / Subcontractor(s) with confidentiality. The Monitor has also signed
on Non-disclosure of Confidential Information' and of Absence of Conflict of Interest". In case
of any conflict of interest arising at a later date, the IEM shall inform Chairman, NHAI and
recuse himself herself from that case.
5) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Bidder/ Contractor/ Concessionaire/
Consultant. The parties offer to the Monitor the option to participate in such meetings.
6) As soon as the Monitor notices, or believes, to notice any transgression as given in Article-2,
he may request the Management of the Principal to take corrective action, or to take
relevant action. The monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act in a specific
manner, refrain from action or tolerate action.
7) The Monitor will submit a written report to the Chairman, NHAI within 8 to 10 weeks from
the date of reference or intimation to him by the Principal and, should the occasion arise,
submit proposals for correcting problematic situations.
8) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion of an offence
under relevant IPC/PC Act or any other Statutory Acts, and the Chairman, NHAI has not,
within the reasonable time taken visible action to proceed against such offence or reported
it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to
the Central Vigilance Commissioner.
9) The word 'Monitor' would include both singular and plural
This Pact begins when both parties have legally signed it. (In case of EPC i.e. for projects
funded by Principal and consultancy services). It expires for the Contractor/ Consultant 12
months after his Defect Liability period is over or 12 months after his last payment under
the contract whichever is later and for all other unsuccessful Bidders 6 months after this
Contract has been awarded. (In case of BOT Projects) It expires for the concessionaire 24
months after his concession period is over and for all other unsuccessful Bidders 6 months
after this Contract has been awarded. Any violation of the same would entail disqualification
of the bidder and exclusion from future dealings.
If any claim is made/ lodged during this time, the same shall be binding and continue to
be valid despite the lapse of this pact as specified above, unless it is discharged/
determined by Chairman of NHAI.
Article - 10 Other Provisions.
1. This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
4. Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
5. Issue like warranty / Guarantee etc. shall be outside the purview of IEMS.
6. In the event of any contradiction between the Integrity Pact and its Annexure, the
clause in integrity pact shall prevail.
7. Any disputes/ differences arising between the parties with regard to term of this pact,
any action taken by the Principal in accordance with this Pact or interpretation thereof
shall not be subject to any Arbitration.
8. The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first
done mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/
Contractor/
Concessionaire/Consultant )
(Office Seal )
Place
Date
Witness 1 :
Witness 2 :
Evaluation Sheet (Relevant Experience of Firm for the Assignment Total Marks = 35)
Certificate
attached
S. (Page No.)/
No. Description Marks Name of Firm:- Remark
1 Year of Establishment of the Firm (In case of JV 2
year of establishment of Lead Member shall be
considered) (Min 5 years)
For 5 years - 1.5 marks
More than 5 years - 2 marks
2 Average Annual Turnover (last 5 years or in each 2
of the preceding two years) from consultancy
business (Min 5 Crore)
For >50 Crores - 2 marks
For 20-50 Crores- 1.5 marks
For 10-20 Crores- 1 mark
For 5-10 Crores- 0.5 mark
3 Numbers of key personnel with the firm more 2
than one year with the firm.
< 4 personnel - 0 marks
to 12 - Linearly varying from 0.25 to 2
> 12 personnel - 2 marks
4 Experience in DPR/Feasibility cum PPR 5
preparation for two projects of 4/6 laning of
30% of project length each or one project of
4/6 laning of 50% of project length in last 7
years
2 project 4/6 laning of 30% of project
length each - 4 marks Or
1 project of 4/6 laning of 50% of project
length 4 marks
Add 0.25 (Zero point two five) marks extra for
each additional project subject to maximum 1
marks.
5 In hand DPRs for NHAI Projects 10
For DPR project length > the length of
project for which RFP invited -5 Marks
For DPR project length > two times the
length of project for which RFP invited -
7.5 Marks
Evaluation Sheet (Relevant Experience of Firm for the Assignment Total Marks = 35)
Certificate
attached
S. (Page No.)/
No. Description Marks Name of Firm:- Remark
For project length > three times the
length of project for which RFP invited -
10 Marks
6 Experience as Independent 6
Engineer/Authority Engineer/ Supervision
Consultant
two construction projects of four/six
laning ** of 30% of project length each or
one projects of four/six laning ** of 50%
project length in last 7 years. 2
construction projects 4/6 laning of 30% of
project length each -4marks Or 1
construction project of 4/6 laning of 50%
of project length - 4 marks
1 project - 6 marks
** Similar project means 2/4/6 lane as applicable for the project for which RFP is invited. For 2-
lane projects experience of 4/6 lane also to be considered with a multiplication factor of 1.5.
Experienceof 4/6 lane shall be considered interchangeably for 4/6 laning projects. For 4/6 laning
projects, experience of 2 lane will be considered with a multiplication factor of 0.4. But those 2
lane projects having cost of consultancy services more than Rs 3.0 crores will be considered only.
Anneuxre-A-2
Reference/Details of
Maximum projects Claimed for Marks self assessed
Description Marks self assessment by the bidder
Site Appreciation 1
(i) Average 0.50
(ii) Good 0.75
(iii) Very Good 1.00
Quality of Approach and Methodology
(Review of scope of work and design
review, construction supervision
methodology, contract management
approach, safety review/audit and
O&M stage, initial view on project
plan including key
challenges envisaged and potential
solutions to be judged).€
2
2. Similar projects means 2 lane /4/6 lane as applicable for the project for which RFP is
invited. For 2-lane projects experience of 4/6 lane also to be considered with a multiplication factor
of 1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. For 4/6
laning projects, experience of 2 lane will be considered with a multiplication factor of 0.4. But
those 2 lane projects having cost of consultancy services more than Rs 3.0 crores will be considered
only.
Annexure-A-5-1 Evaluation Sheet Details -Team Leader-
Period Experience
S. Name of Post Nature Name of Total certificate
No. Employee Held of work Employer Client Period From To Page No.
Period Experience
S. Name of Post Nature Name of Total certificate
No. Employee Held of work Employer Client Period From To Page No.
Period Experience
S. Name of Post Nature Name of Total certificate
No. Employee Held of work Employer Client Period From To Page No.
Period Experience
S. Name of Post Nature Name of Total certificate
No. Employee Held of work Employer Client Period From To Page No.
Annexure-I
Name of Project:
Stage of Project: Under Implementation / O&M of Completed Project (please select one)
Subject :
We, the undersigned, offer to provide the consulting services for the above in accordance with your
Request for Proposal dated [Date], and our proposal. Our attached financial proposal is for the sum
of [Amount in words and figures]. This amount is exclusive of the local taxes which we have
estimated at (Amount in Words and Figures).
Our financial proposal shall be binding upon us up to the expiration of the validity period of the
proposal, i.e., [Date].
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”.
Commission and gratuities, if any, paid or to be paid by us to agents relating to this proposal and
contract execution, if we are awarded the contract, are listed below:
We understand you are not bound to accept any proposal you receive.
5 Years
No. of man-
No. Position Name months* Rate Amount
TBN = To Be Named
*The man-month against each key personnel/sub – professional shall be same as specified in
Enclosure A.
National Highways Authority of India RFP for IE during O&M Period
Note: Billing rates as indicated above shall be increased in accordance with clause 6.2(a) Special
Conditions of Contract for the personnel of all categories namely (i) key Personnel;
(ii) sub- Professional personnel and (iii) Support staff. The increase as above shall be payable only
on the remuneration part of Key Personnel, Sub-Professional Personnel and support staff.
However, for evaluation of Bid proposals, the quoted initial rate shall be multiplied by the total
time input for each position on this contract, i.e. without considering the subsequent increase in
the billing rates.
III. Transportation (Fixed rate on rental basis)
The vehicles provided by the Consultants shall include the cost for rental, drivers, operation,
maintenance, repairs, insurance, etc. for all complete approx. 4000km/month run. (The vehicles
shall not be more than 3 years old.)
The requirement of vehicles be assessed and details provided in the table below:
Requirements
IV. Duty Travel to Site (Fixed Costs): Professional and Sub-Professional Staff
The office shall be located at Kanpur and the office rent includes electricity and water charges,
maintenance, cleaning, repairs, security etc. complete.
60
VI. Office Supplies, Utilities and Communication (Fixed Costs)
The cost shall include of office supplies, drafting supplies, computer running cost, domestic and
international communication etc. as required for office functioning.
60
VII. Office Furniture and Equipment (Rental)
The cost shall include rental charges towards all such furniture and equipment as required for proper
functioning of the office. Office furniture shall include executive tables, chairs, visitor chairs, steel
almirahs, computer furniture, conference table etc. Office equipment shall include as a minimum
of telephone (2 external & 10 internal lines), photocopier (15ppm, 12000 copies per month with A3
& A4 input) fax machine, PCs (5 No., Intel Core 2 Duo E8300, 19” color TFT, Cache–6MB, RAM - 2
GB, HDD – 250 GB, DVD Writer, Key board, optical scroll mouse, MS- Windows Vista Business, pre
loaded antivirus etc.), laser printers(2 no., 14 ppm, 266 MHz, 5000 pages per month, 600 x 600 dpi
or better etc., Engineering Plan printer(1 no.), binding machine(1 no.), plotter A0 size, overhead
projector, AC(4 no., 1.5 Ton), Water Coolers (as required) etc.
Total 45
SECTION6. TERMS OF REFERENCE FOR INDEPENDENT ENGINEER
1. Scope
1.1 These Terms of Reference for the Independent Engineer (the “TOR”) are being
specified pursuant to the Concession Agreement dated -------- (the “Agreement”),
which has been entered into between the
Authority and (the “Concessionaire”) for Consultancy services as
Independent Engineer during Operation & Maintenance Period for the Project “4
lane Unnao-Lalganj section of NH-232A (NH-31) from design Km 00.000 to design
Km 70.000 under Bharatmala Pariyojana on Hybrid Annuity Mode in the state of
Uttar Pradesh and a copy of which is annexed hereto and marked as Annex-A to form
part of this TOR.
Project
Length
(Km) /
Total Date of
Project signing of
S. Consultancy NH Project Cost (Cr.) Concession Name of the
No. Package No. Stretch Agreement Concessionaire
2.1 The words and expressions beginning with or in capital letters used in this TOR and not
defined herein but defined in the Agreement shall have, unless repugnant to the context,
the meaning respectively assigned to them in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the context
otherwise requires, be deemed to be references to the Articles, Clauses and Schedules of
the Agreement, and references to Paragraphs shall be deemed to be references to
Paragraphs of this TOR.
2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall apply,
mutatis mutandis, to this TOR.
3.1 The role and functions of the Independent Engineer shall include the following:
iii. Review, inspection and monitoring of Construction Works as set forth in Paragraph 5;
iv. Conducting tests on completion of construction and issuing Completion Certificate as set
forth in Paragraph 5;
vii. Determining, as required under the Agreement, the costs of any works or services
and/or their reasonableness;
viii. Determining, as required under the Agreement, the period or any extension thereof, for
performing any duty or obligation;
ix. providing all requisite data on monthly basis in Monthly Progress Report (MPR) within a
period of 7 days from the close of month, as required by Authority, for updating the project
specific website and PMIS substantially in the format prescribed at Annexure
– III.
xi. carrying out minor design works such as design of drainage, blackspot removal
design, etc as per the requirements; and
xii. Undertaking all other duties and functions in accordance with the Agreement.
3.2 The Independent Engineer shall discharge its duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional integrity and Good Industry
Practice.
4. Review of Drawings and Documents
4.1 The Independent Engineer shall undertake a detailed review of the Drawings to be furnished
by the Concessionaire along with supporting data, including the geo- technical and
hydrological investigations, characteristics of materials from borrow areas and quarry sites,
topographical surveys and traffic surveys. The Independent Engineer shall complete such
review and send its comments/observations to the Authority and the Concessionaire within
15 (fifteen) days of receipt of such Drawings. In particular, such comments shall specify the
conformity or otherwise of such Drawings with the Scope of the Project and Specifications
and Standards.
4.2 The Independent Engineer shall review any modified Drawings or supporting Documents sent
to it by the Concessionaire and furnish its comments within 7 (seven) days of receiving such
Drawings or Documents.
4.3 The Independent Engineer shall review the Drawings sent to it by the Safety Consultant in
accordance with Schedule-H and furnish its comments thereon to the Authority and the
Concessionaire within 7 (seven) days of receiving such Drawings. The Independent Engineer
shall also review the Safety Report and furnish its comments thereon to the Authority within
15 (fifteen) days of receiving such report.
4.4 The Independent Engineer shall review the detailed design, construction methodology,
quality assurance procedures and the procurement, engineering and construction time
schedule sent to it by the Concessionaire and furnish its comments with 15 (fifteen) days of
receipt thereof.
4.5 Upon reference by the Authority, the Independent Engineer shall review and comment on
the EPC Contract or any other contract for operation and maintenance of the Project
Highway, and furnish its comments within 7 (seven) days from receipt of such reference
from the Authority.
5. Construction Works
5.1 In respect of the Drawings, Documents and Safety Report received by the Independent
Engineer for its review and comments relating to the Construction Works, the provisions of
Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer shall review the monthly progress report furnished by the
Concessionaire and send its comments thereon to the Authority and the Concessionaire
within 7 (seven) days of receipt of such report.
5.3 The Independent Engineer shall inspect the Construction Works and the Project Highway
once every month, preferably after receipt of the monthly progress report from the
th
Concessionaire, but before the 20 (twentieth) day of each month in any
case, and make out a report of such inspection (the “Inspection Report”) setting forth an
overview of the status, progress, quality and safety of construction, including the work
methodology adopted, the materials used and their sources, and conformity of Construction
Works with the Scope of the Project and the Specifications and Standards. In a separate
section of the Inspection Report, the Independent Engineer shall describe in reasonable
detail the lapses, defects or deficiencies observed by it in the construction of the Project
Facilities. The Inspection Report shall also contain a review of the maintenance of the
existing lanes in conformity with the provisions of the Agreement. The Independent Engineer
shall send a copy of its Inspection Report to the Authority and the Concessionaire within 7
(seven) days of the inspection.
5.4 The Independent Engineer may inspect the Project Highway more than once in a month if
any lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Specifications and Standards, the
Independent Engineer shall require the Concessionaire to carry out, or cause to be
carried out, tests on a sample basis, to be specified by the Independent Engineer in
accordance with Good Industry Practice for quality assurance. For purpose of this Paragraph
5.5, the tests specified in the IRC Special Publication-11 (Handbook of Quality Control for
Construction of Roads and Runways) and the Specifications for Road and Bridge Works issued
by MoRTH (the “Quality Control Manuals”) or any modification/substitution thereof shall
be deemed to be tests conforming to Good Industry Practice for quality assurance. The
Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that
the tests are conducted in a fair and efficient manner, and shall monitor and review the
results thereof.
5.6 The sample size of the tests to be specified by the Independent Engineer under Paragraph
5.5 shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for each
category or type of tests in the Quality Control Manuals; provided that the Independent
Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by
up to 10% (ten per cent) for certain categories or types of tests.
5.7 The timing of tests referred to in Paragraph 5.5, and the criteria for acceptance/rejection
of their results shall be determined by the Independent Engineer in accordance with the
Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall
be in addition to, and independent of, the tests that may be carried out by the
Concessionaire for its own quality assurance in accordance with Good Industry Practice.
5.8 In the event that the Concessionaire carries out any remedial works for removal or
rectification of any defects or deficiencies, the Independent Engineer shall require the
Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial
works have brought the Construction Works into conformity with the Specifications and
Standards, and the provisions of this Paragraph 5 shall apply to such tests.
5.9 In the event that the Concessionaire fails to achieve any of the project milestones specified
in the Project Facilities Completion Schedule, the Independent Engineer shall undertake a
review of the progress of construction and identify potential delays, if any. If the
Independent Engineer shall determine that completion of any Project Facility is not feasible
within the time specified in the Agreement, it shall require the Concessionaire to indicate
within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period
within which completion shall be achieved. Upon receipt of a report from the
Concessionaire, the Independent Engineer shall review the same and send its comments to
the Authority and the Concessionaire forthwith.
5.10 If at any time during the Concession Period, the Independent Engineer determines that the
Concessionaire has not made adequate arrangements for the safety of workers and Users in
the zone of construction or that any work is being carried out in a manner that threatens
the safety of the workers and the Users, it shall make a recommendation to
the Authority forthwith identifying the whole or part of the Construction Works that should
be suspended for ensuring safety in respect thereof.
5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety
of suspended works and Users, it may, by notice in writing, require the Independent Engineer
to inspect such works, and within 3 (three) days of receiving such notice, the Independent
Engineer shall inspect the suspended works and make a report to the Authority forthwith
recommending whether or not such suspension may be revoked by the Authority.
5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the
Independent Engineer shall determine the extension of dates set forth in the Project
Facilities Completion Schedule, to which the Concessionaire is reasonably entitled, and shall
notify the Authority and the Concessionaire of the same.
5.13 The Independent Engineer shall issue a Completion Certificate upon completion of each
Project Facility and Major Maintenance Work, if any, specified under and in accordance with
this Agreement.
5.14 Upon reference from the Authority, the Independent Engineer shall make a fair and
reasonable assessment of the costs of providing information, works and services as set forth
in Article 16 (change of scope) and certify the reasonableness of such costs for payment by
the Authority to the Concessionaire.
5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the
Maintenance Manual.
6.1 The Independent Engineer shall review the annual Maintenance Programme furnished by
the Concessionaire and send its comments thereon to the Authority and the Concessionaire
within 15 (fifteen) days of receipt of the Maintenance Programme.
6.2 The Independent Engineer shall review the monthly status report furnished by the
Concessionaire and send its comments thereon to the Authority and the Concessionaire
within 7 (seven) days of receipt of such report.
6.3 Visual Inspection of project highway
6.3.1 The Independent Engineer shall carry out visual inspection of entire highway stretch as per
the frequency defined in the following table
Frequency of
Nature of defect or deficiency inspection
ROADS
(iv) Removal of vegetation affecting sight line and road structures Weekly
Gathering of dirt in bearings and joints; or clogging of spouts, weep holes and
(ii) Weekly
vent-holes
(vii) Growth of vegetation affecting the structure or obstructing the waterway Weekly
6.3.2 All elements which have daily inspection frequency shall be inspected weekly as well.
Similarly, all elements which have weekly inspection frequency shall be inspected monthly
as well.
6.3.3 Daily inspection report format and weekly inspection report format has been provided in
Annexure I and II of this document respectively. Manpower which needs to conduct visual
inspection and mode of reporting is defined in the following table.
6.3.4 The Consultant shall also be responsible for inspection and monitoring of Wayside Amenities,
ETC (Electronic Toll Collection), ATMS (Advanced Traffic Management System) and incident
management.
6.3.5 High resolution photographs and video of the highway stretches having defects and/or
deficiencies shall be submitted along with Weekly Inspection Report and Monthly Status
Report. Summary of key observations around defects and deficiencies in highway stretch
shall be reported in Monthly Progress Report and detailed inspection report shall be provided
as Annexure to Monthly Progress Report.
6.4.1 The carrying out of condition surveys will be one of the most important and crucial
field tasks under the project. The Independent Engineer shall carry out condition surveys using
equipment and following a frequency as defined under.
Falling Weight
3 Strength of pavement At least once a year
Reflectometer (FWD)
The first equipment-based inspection shall be conducted within 30 days of appointed date of the
Independent Engineer. The other inspections shall be conducted before and after the rainy seasons
as per the schedule defined in Annexure IV, except for FWD testing which shall be conducted once
a year.
Calibration of equipment, wherever needed, is required to be done in presence of Competent
Authority. Once approval of equipment, the settings and a sample data set is provided by Competent
Authority, network level data for entire project stretch can be collected. Month of survey for each
state has been defined in Annexure IV of this document.
Length
Cracking Width
Depth
Area
Potholes
Depth
Indicator
Raveling %
Area
Depth
Rutting
Width
ii. The following criteria shall be met by the process of defects detection
ii. The interval at which deflection measurements are to be taken up are as per IRC:115- 2014.
For flexible pavements, the sample size and the interval of the data to be collected depends
on the length of the uniform section calculated and condition of the pavement section i.e.
‘good’, ‘fair’ and ‘poor’ for each lane, established on the pavement condition data based
on the criterion given in IRC:115-2014. For rigid pavements, the deflection data may be
collected at interiors, corners, transverse joints and longitudinal joints in the outer lanes
at intervals as specified in IRC:117-2015.
iii. The following are the set of deliverables which should be submitted after completion of
inspection test as part of Monthly Progress Report
6.4.4 The Independent Engineer shall carry out the condition and structural assessment survey of
the bridges in accordance with IRC-SP; 35 with the use of Mobile Bridge Inspection unit
(MBIU) or better technology.
i. The following criteria shall be met by the process of bridge condition assessment
ii. The following criteria shall be met by the process of road signs retroreflection
measurement
Measurement of retroreflective signs shall be conducted in accordance with ASTM
E1709 and ASTM E2540
Measurement time after pressing trigger shall be less than or equal to 1 sec
Observation angle adjustment from 0.2 degrees to 2.0 degrees Entrance
angle adjustment from -45 degrees to +45 degrees
Before validation and calibration, the ATCC system shall meet the following accuracy levels:
a) Classification of vehicles: better than 90%
b) Counting of vehicles: better than 95%
For verification of above accuracy levels, audit of raw ATCC shall be done by the consultant
on a sampling basis and should submit a certificate in this regard.
ii. ATCC systems such as Pneumatic Tube Detector, Inductive Detector Loop, Video Image
Detection, and Infrared Sensor or latest technologies shall be adopted.
iii. The classified traffic volume count surveys shall be carried out for 7 days (continuous,
direction-wise) at the selected survey stations. The vehicle classification system as given in
relevant IRC code may be followed. However, the following generalized classification system
is suggested in view of the requirements of traffic demand estimates and economic analysis:
iv. All results shall be presented in tabular and graphical form. The survey data shall be
analyzed to bring out the hourly and daily variations. The traffic volume count per day shall
be averaged to show a weekly average daily traffic (ADT) by vehicle type. The annual
average daily traffic (AADT) shall be worked out by applying seasonal factors.
6.5 The Independent Engineer shall carry out following inspections of ETC lanes at toll plazas on a
month basis:
(a) Infrastructure:
Availability of civil infrastructure at toll plazas required for installation of ETC systems
Adequacy of hardware, software and other related items as per
IHMCL/NHAI technical specifications and requirements
b) Operations:
Adherence of various stakeholders (acquirer bank, system integrator, toll operator,
issuer bank etc) of the ETC system to the service level agreements Efficacy of the ETC
system (RFID tagging, AVC, WIM etc) in terms of accuracy and uptime
Tracking and reporting toll plaza experience metrics such as average waiting time,
transaction times for different modes of payment (RFID, cash, smart cards, QR codes etc)
and congestion levels (eg length of queue in different lanes) across 4 different times in a
day
Robustness of dispute resolution mechanisms in place for the tag holder and toll
operators by the issuer and acquirer banks
6.6 The Independent Engineer shall prepare a Monthly Status Report in respect of its duties and
functions under this Agreement and in accordance with the format prescribed in Annexure III.
1st deliverable of the report which is an executive summary to the main report (Section 1)
shall be submitted to the Authority and updated on the PMIS and project specific website by
4th of every month. Main report (Section 2 onwards) shall be submitted to the Authority and
updated on the PMIS and project specific website by 7th of every month. Key sections of the
Monthly Status Report are as follows.
6 Status of damages
6.2 Damages for breach of maintenance activities
10 Annexures
6.7 The Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the
Concessionaire shall carry out or cause to be carried out for the purpose of determining that
the Project Highway is in conformity with the Maintenance Requirements. It shall monitor and
review the results of such tests and the remedial measures, if any, taken by the Concessionaire
in this behalf.
6.8 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-K, the Independent
Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of
deviation or deterioration with reference to the Specifications and Standards and shall also
specify the time limit for repair or rectification of any deviation or deterioration beyond the
permissible limit.
6.9 The Independent Engineer shall determine if any delay has occurred in completion of repair or
remedial works in accordance with the Agreement, and shall also determine the Damages, if
any payable by the Concessionaire to the Authority for such delay.
6.10 The Independent Engineer shall examine the request of the Concessionaire for closure of any
lane(s) of the carriageway for undertaking maintenance/repair thereof, keeping in view the
need to minimise disruption in traffic and the time required for completing such
maintenance/repair in accordance with Good Industry Practice. It shall grant permission with
such modifications, as it may deem necessary, within 3 (three) days of receiving a request from
the Concessionaire. Upon expiry of the permitted period of closure, the Independent Engineer
shall monitor the re-opening of such lane(s), and in case of delay, determine the Damages
payable by the Concessionaire to the Authority under Clause 17.7.
6.11 The Independent Engineer shall monitor and review the curing of defects and deficiencies by
the Concessionaire as set forth in Clause 19.4.
6.12 In the event that the Concessionaire notifies the Independent Engineer of any modifications
that it proposes to make to the Project Highway, the Independent Engineer shall review the
same and send its comments to the Authority and the Concessionaire within 15 (fifteen) days
of receiving the proposal.
6.13 On requirement, the Independent Engineer shall carry out minor design works such as
design of drainage, black spot removal design, etc
6.14 The Independent Engineer shall undertake traffic sampling, as and when required by the
Authority, under and in accordance with relevant clauses of concession agreement/ contract.
7. Termination
7.1 At any time, not earlier than 90 (ninety) days prior to Termination but not later than 15 (fifteen)
days prior to such Termination, the Independent Engineer shall, in the presence of a
representative of the Concessionaire, inspect the Project Highway for determining compliance
by the Concessionaire with the Divestment Requirements set forth in Clause
30.1 and, if required, cause tests to be carried out at the Concessionaire’s cost for determining
such compliance. If the Independent Engineer determines that the status of the Project Highway
is such that its repair and rectification would require a larger amount than the sum set forth in
Clause 39.2, it shall recommend retention of the required amount in the Escrow Account and
the period of retention thereof.
7.2 The Independent Engineer shall inspect the Project Highway once in every 15(fifteen) days
during a period of 90 (ninety) days after Termination for determining the liability of the
Concessionaire in respect of the defects or deficiencies. If any such defect or deficiency is found
by the Independent Engineer, it shall make a report in reasonable detail and send it forthwith
to the Authority and the Concessionaire.
8.1 The Independent Engineer shall determine the costs, and/or their reasonableness, that are
required to be determined by it under the Agreement.
8.2 The Independent Engineer shall determine the period, or any extension thereof, that is required
to be determined by it under the Agreement
9.1 When called upon by either Party in the event of any Dispute, the Independent Engineer shall
mediate and assist the Parties in arriving at an amicable settlement.
9.2 In the event of any disagreement between the Parties regarding the meaning, scope and nature
of Good Industry Practice as set forth in any provision of the Agreement, the Independent
Engineer shall specify such meaning, scope and nature by issuing a reasoned written statement
relying on good industry practice and authentic literature.
10.1 The Independent Engineer shall perform all other duties and functions specified in the
Agreement.
11. Miscellaneous
11.1 All key personnel and sub professional staff of the Independent Engineer shall use the
fingerprint based (biometric) attendance system for marking their daily attendance.
Attendance shall be marked at least once a day and anytime during the day. 1 Biometric
Attendance System shall be installed by the Independent Engineer at its own cost at the site
office in order to facilitate the attendance marking. More systems can be installed near the
project highway upto a maximum of 1 system per 50 km in order to encourage frequent visits
of project highway by key personnel and sub professional staff. A copy of monthly attendance
records shall be attached with Monthly Status Report. Proper justification shall be provided for
cases of absence of key personnel/ sub professional staff which do not have prior approval from
Project Director of concerned stretch.
(a) NHAI has developed an advanced Face Recognition location based Mobile Application System e-
Attendance System to track and monitor attendance of key personnel deployed by AEs/ IEs &
consultants tor the projects. This system is integrated with Data Lake/ PMS Portal. The
application uses facial recognition, GPS based location identification enabling a user to mark
their daily attendance. The system will automatically capture date and time of log in and log
out. User will mark their attendance daily by signing-in, in the morning and sign-out, at the end
of the day. The e-Attendance System is mandatory with effect from 20 January 2021 for all key
personnel / engineers deployed by AE/ IE Consultant as per their contracts.
11.2 The Independent Engineer shall notify its programme of inspection to the Authority and to the
Concessionaire, who may, in their discretion, depute their respective representatives to be
present during the inspection.
11.4 The Independent Engineer shall obtain, and the Concessionaire shall furnish in two copies
thereof, all communications and reports required to be submitted under this Agreement by the
Concessionaire to the Independent Engineer, whereupon the Independent Engineer shall send
one of the copies to the Authority along with its comments thereon.
11.5 The Independent Engineer shall retain at least one copy each of all Drawings and Documents
received by it, including ‘as-built’ Drawings and keep in its safe custody.
11.6 Upon completion of its assignment hereunder, the Independent Engineer shall duly classify and
list all Drawings, Documents, results of tests and other relevant records, and hand them over
to the Authority or such other person as the Authority may specify, and obtain written receipt
thereof. Two copies of the said documents shall also be furnished in micro film form or in such
other medium as may be acceptable to the Authority.
Enclosure-A
Sub-professional
Note:
1. The Team Leader may not be required every day as they handle assignments on other projects
also running concurrently. However, their presence would be required at least for a week
every month. The man-months for the Team Leader have been indicated accordingly.
2. The Contract Specialist and Financial Analyst may be required for the project for specific
needs. Their deployment shall be arranged by the consultant on specific requisition from the
Authority and the payment shall be made as per the actual deployment. The Contract
Specialist and Financial Analyst shall be paid at the average of the rates quoted for Key
Personnel listed at Sl. No. 2, 3 & 4 above.
3. The qualification and experience of Sub Professional staff would not be accounted in the
evaluation. However, Consultant shall have to get their CVs approved from NHAI before
mobilization. The other inputs like support staff shall also be provided by the Consultant of
an acceptable type commiserating with the roles and responsibilities of each position.
Enclosure B MINIMUM
QUALIFICATION OF
1. Essential Qualifications.
2. Preferential Qualifications.
i. Post Graduate Degree in Management/ Construction/ Transportation/ Highway
Engineering/ Structural Engineering or any other specialized stream of civil engineering.
ii. Highway Development Projects taken up under PPP.
Note: (1) Similar Capacity includes the following positions
On behalf of Consultant: Team Leader/Resident Engineer (Construction Supervision/IE)
a) On behalf of Contractor: Project Manager (Construction/Construction
Supervision)
b) In Government Organizations: Superintending Engineer (or equivalent) and above
In case of experience on behalf of Consultant or Contractor, the experience shall be duly endorsed
by the respective Government agency. In case of non-availability of endorsement from Govt.
Agency, the experience uploaded on Infracon Portal will be taken into consideration. However, the
key personnel/ bidder will be solely responsible for any fake information/ CV, which may result in
debarment.
(2) Only those projects will be considered for evaluation where the input of the personnel is 9
months or more.
1. Essential Qualifications.
iv. Out of 3 years as in (iii) above at least one project should involve works of 4/6
laning/expressways or similar project
2. Preferential Qualifications.
1. Essential Qualifications.
iv. At least one project should involve work of 4/6 laning/expressways or similar project.
2. Preferential Qualifications.
2. Preferential Qualifications
SURVEY ENGINEER
The candidate should be a Graduate in Civil Engineering/Survey with at least 6 years experience in
the field of surveying out of which 3 years should be on highway projects with at least 1 similar
highway project. Firm may field Survey Engineer with diploma in Civil Engineering/Survey having
at least 10 years experience in the field of surveying out of which at least 5 years should be in
highway projects with at least 2 projects of similar nature. This position requires thorough
understanding of modern computer based equipment/method of surveying with total station, digital
level, GPS etc.
CAD EXPERT
He should be a Graduate in Civil Engineering with adequate computer training or graduate in
Computer Science having experience in computer aided design methods in highway engineering. The
incumbent should have 3 years experience and should have handled at least one highway project of
similar nature.
ELECTRICAL ENGINEER
The Candidate should be a Graduate in Electrical Engineering. He should have at least 6 years
professional experience.
HORTICULTURE EXPERT
The Candidate should be a Graduate in Agriculture Science with specialization in
Horticulture/Arboriculture. He should have at least 6 years professional experience.
IT EXPERT (Highway Operation Unit Officer) (as per NHAI Policy Circular No.
NHAI/HO/31/2017/05/37 dated 10.01.2018)
The candidate should be Systems Engineer having experience of at least 5 years. He should be an
expert in preparation of standards for systems of toll collection and HTMS in Electronics/computer
Science /IT or equivalent. He should have experience of international latest technology / systems
in the field of HTMS and tolling. He should have work experience of at least one establishing HTMS
and one tolling systems.
Educational Qualification
Location of Job- The IT Expert engaged shall site at Toll Plaza (s) under the project report to PIU/RO/HQ NHAI.
Essential Qualification
Bachelor’s Degree in Computer Science / Computer Engineering / IT Electronic & Communications
/ Electronics & Instrumentation /MCA
Experience- Minimum 5 years of experience in IT System Integration / Project management of IT
Operation out of which at least 2 year in toll Management System.
Desirable – Having certified training in Behavioural Management from any recognized Institute of
hospitality management.
Real Time Online Toll Data Transfer:- To ensure timely transmission of real time online Toll data
in respect of Toll Plazas under revenue sharing and premium deferment concessions/contracts
through EDI. He should interact and coordinate with audit agencies and Nodal Officers of HQ NHAI
for smooth transfer of Toll Data mechanism as per SoP of NHAI. To facilitate any other NHAI welfare
scheme being implemented at Toll Plaza such as Eye Camp, Blood donation Camp etc.
To above charter of duties is tentative and subject to modification time to time as per requirement of NHAI.
QUANTITY SURVEYOR
He should be Graduate or equivalent in Civil Engineering having Min. 5 years of professional
experience in preparation of highway project estimates. He should have Min. 3 years experience in
Preparation of Bill of Quantities/estimates for major highway projects costing Rs.100 Crore or
above.
Note: Upto 1 sub-professional can be a fresh graduate (zero/ less than minimum required work
experience) with first class in graduation stream. Eligibility requirement in terms of minimum years
of experience shall not be applicable for this sub professional.
Annexure I- Daily Inspection Report
ROADS
Breach or blockade
Pot holes
Removal of debris
Desilting of drains in
urban/semi-urban areas
Obstruction in a minimum
head-room of 5 m above
carriageway or obstruction in
visibility of road signs
Rest areas
Cleaning of toilets
Toll plaza[s]
Damage or deterioration in
Approach Roads, -
[pedestrian facilities, truck
lay-bys, bus-bays, bus-
shelters, cattle crossings,
Traffic Aid Posts, Medical Aid
Posts and other works]
ROADS
Rutting exceeding 10 mm in
more than 2% of road surface
(v) in a stretch of 1 km
(measured with 3 m straight
edge)
(vi) Bleeding/skidding
Raveling/Stripping of
(vii) bitumen surface exceeding
10 sq m
Damage to or silting of
culverts and side drains
(v)
during and immediately
preceding the rainy season
Desilting of drains in
(vi)
urban/semi-urban areas
Obstruction in a minimum
(i) head-room of 5 m above
carriageway or obstruction
in visibility of road signs
Removal of vegetation
(iv) affecting sight line and road
structures
(f ) Rest areas
Toll
(g) plaza[s]
Defect If defect Compliance of IE
found found, previous defect Remarks
Nature of defect or deficiency
(Yes/No) Chainage (Yes/No/NA)
& Side
Damage or deterioration in
Approach Roads, -
[pedestrian facilities, truck
(i) lay-bys, bus-bays, bus-
shelters, cattle crossings,
Traffic Aid Posts, Medical
Aid Posts and other works]
BRIDGES
(i) Cracks
(ii) Spalling/scaling
(i) Deformation
Joints in bridges
(e)
Loosening and
(i)
malfunctioning of joints
Deforming of pads in
(i)
elastomeric bearings
Damage or deterioration in
(iii)
parapets and handrails
Damage or deterioration in
(vi) approach slabs, pitching,
apron, toes, floor or guide
bunds
Defect If defect Compliance of IE
found found, previous defect Remarks
Nature of defect or deficiency
(Yes/No) Chainage (Yes/No/NA)
& Side
Independent Engineer
Contents
1. Executive Summary
In spite of the repeated requests, there is no material change in status of works pertaining to
repairs/ rectifications of defects on the project highway. IE has recommended the damages of
Rs 5.9 Cr on the Concessionaire on account of delay in repairs of defects in road and bridge
works in terms of the provision of Clause 15.8.1 of the Concession Agreement. Concessionaire
shall be liable for imposition of further damages on similar lines till the date of completion
Concessionaire is requested to take at most care for completing the overlay before
31.03.2017 since the existing road condition is getting deteriorated day by day causing
much inconvenience to the traffic
National Highways A u Ft hi oler i t N
y oof. In5d1i0a30/1/2019/BOT/PIU-MRBFD
P-fP
oar rIt(
E d1u
)ri(nC
g oOm
&p
MuPte
erriod
No. 124012)
837429/2023/PIU-MURADABAD
Main report
2. Project Overview
Project Name
NH no (New/Old)
No. of Lanes
Concessionaire/ Contractor
Appointed Date
Concession Period
O&M Period
Independent Engineer
IE Agreement Date
IE Mobilization Date
>20
availabl
16mm
e
20 m
18 m
16 16 16 16 16 16 16
14 m
12 m
10 m
8m 8. 8. 8. 8.2 8.2
LHS- Width of RoW
2 2 2
6m
4m 4.7 4.7 4.7 4.7 4.
7
2m 1. 1.8
8
Chainage
2m8
m
e
4
m
6 6.2 6.2 6.2 6.2 6.2 6.2
m
RHS- Width of RoW
10 m 12 m 14 m
16 m 10
18 m 1
20 m 0
>20 m
1 No of flyovers 2
2 Service Road 45
3 ROBs 5
5 RUBs 0
7 No of Bypass 7
8 Length of Bypass 43
9 No of Major Bridges 7
10 No of Minor Bridges 67
11 No of Culvert 640
12 No of VUP 16
15 No of Toll Plaza 3
17 No of Truck Laybye 30
19 No of Wayside Amenities 0
suggested by SC
Length affected
affected due to
Action(s) taken
Description
for
Chainage(s)
Expected
Concerned
resolving
Authority
Action(s)
the issue
till now
Date
Issue
SNo
2 Hard/Earth Shoulders
4 Road furniture
(c ) Bridges
3.3. Obligations as per contract
Other
All figures and graphs in templates are
illustrative. Please add actual details.
4. Inspection Report
3 Drainage
4 Median
5 Road furniture
6 Bridges
7 Buildings
8 Horticulture
9 [Other assets]
Total NCR issued till NCR issued in NCR closed in
previous month reporting month reporting month Balance NCR
SNo Highway asset (A) (B) (C) (A+B-C)
Total
Bleeding (cm)
Lane number
Bituminous E1
Cracks (cm)
(International
SubGrade E3
Resistance
Granular E2
Chainage
Potholes
Raveling
Roughness
Modulus
Modulus
Modulus
Chainage
Ending
Rutting
Elastic
Elastic
Elastic
depth
Starting
(cm)
(cm)
depth
Index)
Skid
(mm)
(mm)
(mm)
IRI
0.000 0.500 L1 2X10 20X35 2.5X1.2 4X12 25 1.4 4.23 7110 34 14
1.000 1.500 L1
Report of equipment based inspection needs be provided as an Annexure to monthly report as per the defined frequency.
Following documents/media to be submitted for equipment based inspection.
Video footage of all cameras installed on Network Survey Vehicle- ROW cameras and pavement camera
Network Survey Vehicle report capturing dimensions of following key metrics of pavement
o Cracks
o Potholes
o Raveling
o Bleeding
o Rutting
o Texture depth
o Skid resistance
o Roughness (IRI)
Falling Weight Deflectometer (FWD) report capturing following key metrics of pavement strength
o Deflection Bowl (Transient Deflections at seven different points)
o Corrected Elastic Modulus Bituminous E1
o Corrected Elastic Modulus Granular E2
o Corrected Elastic Modulus Subgrade E3
o Subgrade CBR
o Bituminous layer coefficient A1
o Base layer coefficient A2
o Granular base layer coefficient A3
o Modified structural number
Mobile Bridge Inspection Report (MBIU) capturing following key metrics of bridges
o Condition Approach
o Condition Signs
O Condition Debris
O Condition Joint
O Condition Deck
O Condition Rails
O Condition Protect
o Condition Stream
o Condition Superstructure
o Condition Piers
o Condition Abutment
Retroreflectometer report capturing following key metrics of road furniture
o Coefficient of retroreflected luminance RA (nighttime retroreflection) of road traffic signs
ATCC report capturing ADT, AADT, hourly and weekly variations and recommendation on capacity augmentation
All figures and graphs in templates are
illustrative. Please add actual details.
For Corresponding
TYPE OF VEHICLE month of previous year For Previous Month For Current Month
Over
G Total 1 630 27 17,280.00 640 36 23,040.00
Size
Equipment as
Units Equipment per
Total Units damaged/ owner/ specifications
SNo Description units working missing provider (Y/N) Remarks
1 Hardware
(c ) Lane controller
(d) AVC
(h) Camera
(l) Weigh-in-motion
2 Software
(c) TMS
Average
Average queue Average queue Average Average Average Average
transction
Lane length during length during non Transaction time transaction transaction transaction
time
peak time peak time (cash) time (RFID) time (cards) time (wallet)
(others)
UPI – 20
Lane 1 10 vehicles 5 vehicles 15 seconds 10 seconds 20 seconds 25 seconds
seconds
Lane 2
Lane 3
Total 20,96,51,000
No of days in Sep = 30
Performance security is Rs 64,80,00,000
As per CA Clause 12.3.2 damages payable is 0.1% of performance security per day = Rs
6,48,000 Total damages payable = 30 X 6,48,000 = Rs 1,94,40,000
Total 1,65,83,836
daysasperC
Damagesfr
ofinspectio
orepa
athighersid
TotalQuantity
daysdamag
Damagesam
Cost
Damages
iras
asperCA
Damages
Nature
No of
No of
Date
ount
Unit
Rate
om
defect
es
e
A
n
S No
Total 6,02,64,000
No of days in Sep = 30
Performance security is Rs 64,80,00,000
As per CA Clause 12.3.2 damages payable is 0.1% of performance security per day = Rs 6,48,000 Total
damages payable = 30 X 6,48,000 = Rs 1,94,40,000
All figures and graphs in templates are
illustrative. Please add actual details.
7. Change of Scope proposals
Expected/
Actual date of
SNo Proposal Details Date of first COS Amount approval
submission to IE Current status
1 Constructionof[Flyover Name] [DD/MM/YYYY] Approvedin principle by [+/- Amount] [DD/MM/YYYY]
at [Chainage] Authority. Detailed quantitSCs in
proper order yet to be submitted
2 Nallah diversion through box [DD/MM/YYYY] Clarifications to be submitted by [+/- Amount] [DD/MM/YYYY]
culvert at [Chainage] Concessionaire, expected date
[DD/MM/YYYY]
Dispute
Date of first Amount (if
SNo Dispute Details submission to IE Suggested resolution by IE applicable) Current stage
9.1. Monthly Toll Collection Report (Applicable only if project highway is tolled)
For Corresponding
month of previous
TYPE OF VEHICLE year For Previous Month For Current Month
Local 0 0 - 320 -
Total for the Month 49844 18,050,618 52963 19,898,834 49016 18,265,661
1
S No
Date
RHS
Chainage no
1/1/17 382/050
9.2. Accident Report
pm
Time of accident
05:25 M
Sex (M/F)
2
A
Accident location
2
B
Nature of accident
Classification of
3
C
accident
4
D
Causes
Load conditions of
1
E
vehicle
1
F
Road condition
Intersection type f
-
G
control
1
H
Weather condition
3
I
Age of victim
1
J
Type of victim
3
K
Type of vehicle
-
Fatal
1
Major
persons
1
No of affected
Minor
illustrative. Please add actual details.
All figures and graphs in templates are
Help provided by
Ambu
Mapping of report fields to responses
A 1. Urban 2. Rural
B 1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn Collision 6. Left turn Collision 7.
Veered Out off The Road 8. Hit Pedestrian 9. Unknown/Hit & Ran Away
D 1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5. Mechanical Problem 6. Drowsiness/Not
Applicable 7. Fault of Driver
G 1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with more than 6. Round about
Junction
H 1. Fine/Clear 2.Mist/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust Storm 8. Cold 9. Hot
I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years
K 1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7. Tractor 8. Bicycle 9. Cycle
Rickshaw
10. Hand Drawn Cart 11. Animal Drawn Cart
All figures and graphs in templates are
illustrative. Please add actual details.
Contact
Toll Complaint Name of the details of
SNo plaza No Date person person Details of complaint Compliance by the
concessionaire
1 81 8/9/2016 Mr. Shailendra Mr. Shailendra Complaints Pot holes are repaired
Gurjar, LIG-44,RSS regarding Pot holes on the
mohalla, Shivaji Highway may cause
Nagar, Bhopal (M.P.) accidents.
2 82 10/9/2016 Dr. Anil Diwakar, HIG Dr. Diwakar complaints Animals are continuously
Swarganga Complex that presence of Animals driven out from the Road by
Bus Stand Seoni (M.P.) and also Pot holes on road the Highway Patrolling
are obstructing the driving team and Pot holes are
which may cause repaired.
accidents.
3 83 11/9/2016 Maj. Sidharth, 238 Fd Maj. Sidharth while The Exemption under
wksp C/o- 56 APO travelling in personal car Indian Toll (Army and Air
wants Exemption from force) Act 1901, to army
Toll Fee on production of personnel travelling in
I.D. Card private vehicle may be
given if on Govt. duty with
requisite pass as specified
in the Indian Toll (Army
and Air Force Rules, 1942)
All figures and graphs in templates are
illustrative. Please add actual details.
type
Encroachment width
Chainage
Establishment (New/
Category (Tea stall,
Name of Encroacher
Encroachment
Side (LHS/RHS)
District/ Tehsil
Temple, etc)
(Temporary/
Permanent)
and length
edge (m)
existing)
Stretch
Village
(km)
SNo
1 212+500 LHS Kurnool Kurnool Temporary Tea stall New 7 5mX3.5m Vijay Kumar Reddy
2 213+200 RHS Kurnool Dinnedevara Padu Permanent Godown Existing 5 10.5m X 4m Buddana
ROADS
(vi) Bleeding/skidding
(c) Road side furniture including road signs and pavement marking
(f ) Rest areas
BRIDGES
(i) Cracks
(ii) Spalling/scaling
Defect If defect Compliance of IE Remarks
Nature of defect or deficiency
found found, Chainage previous defect
(Yes/No) & side (Yes/No/NA)
(i) Deformation
Annexure 2 onwards:
IE should include comments, status update, data points and reports in following annexures which have not been included elsewhere in
the main report. Such reports may include but not limited to:
Minutes of review meeting
Correspondence details
Weather report
Organizational chart of Concessionaire and IE Project
photographs
Annexure IV- Month of survey for equipment based road condition assessment Equipment
based road inspection shall be done by the Consultant twice a year as per the month of the
year defined in the following table.
However, since the first survey shall be conducted within 30 days of appointment of the Independent
Engineer, the following modification to the schedule shall be adopted. For example, if majority of
highway length (>50%) passes through a state,
st
where defined survey months are May and November, if appointed date is on 1
March, then the first equipment based survey shall be conducted in the month of March
within 30 days of appointment and this shall be considered as the equipment
nd
based survey to be conducted in the month of May. The 2 equipment based survey
rd
shall be conducted in the month of November, the 3 survey shall be conducted in
the month of May and so on. As regards FWD, the first test/survey shall be conducted
nd
in the month of March within 30 days of appointment. The 2 test/survey shall be
conducted in March of next year and so on.
Andaman And
South Apr Nov
Nicobar Islands
Annexure V- OUTPUT FORMAT FROM NETWORK SURVEY VEHICLE AND FWD TESTING
[NAME & LOGO OF IMPLEMENTING AGENCY]
[PROJECT NAME]
Independent Engineer
Paveme
Section Start End Paveme Surve
NH Directio nt Latitude Longitude
Number Code Chainage Chainag n nt
Width
y
e Width Date
Value
06-05-
NH00xx ABC-DEF 0.000 0.794 Both 7 – 10.5 m 7.00 17 9.98897 78.02671
06-05-
NH00xx ABC-DEF 0.794 1.000 Both 7 – 10.5 m 7.00 17 9.98444 78.02934
06-05-
NH00xx ABC-DEF 1.000 2.810 Both 7 – 10.5 m 7.00 17 9.98341 78.03004
06-05-
NH00xx ABC-DEF 2.810 4.335 Both 7 – 10.5 m 7.00 17 9.98107 78.03078
06-05-
NH00xx ABC-DEF 4.335 6.666 Both 7 – 10.5 m 7.00 17 9.96328 78.04160
NH00xx ABC-DEF 6.666 12.906 Both 7 – 10.5 m 7.00 06-05- 9.95385 78.05255
17
Should
Section Start End Shoulder Surve
NH Number Direction er Latitude Longitude
Code Chainag Chainage Width y
Width
e Date
Value
No
NH0xxx ABC-DEF 0.000 0.785 Increasin 0.0 03-01- 9.98897 78.02671
Should
g 16
er
No
NH0xxx ABC-DEF 0.785 2.612 Increasin 0.0 03-01- 9.98444 78.02934
Should
g 16
er
03-01-
NH0xxx ABC-DEF 2.612 3.170 Increasin 1-2m 2.0 16 9.98341 78.03004
g
03-01-
NH0xxx ABC-DEF 3.170 5.194 Increasin 1-2m 2.0 16 9.98107 78.03078
g
03-01-
NH0xxx ABC-DEF 5.194 6.793 Increasin 1-2m 2.0 16 9.96328 78.04160
g
NH0xxx ABC-DEF 6.793 11.404 Increasin 1-2m 2.0 03-01- 9.95385 78.05255
g 16
1.8 Topography
The following table lists the fields which need to be populated for the ‘Topography’ attribute. The
descriptions of the fields are given below.
Remarks
Bituminous DBM
Type of bituminous base course
BaseCourseType
Bituminous 100
BaseCourseThick— Thickness of BBC layer in mm
ness
250
GranularBaseThick- Thickness of GB layer in mm
ness
PavementQuality PQC
Type of pavement quality concrete
ConcreteType
PavementQuality 300
Thickness of PQC layer in mm
ConcreteThickness
DryLeanConcrete 100
Thickness of DLC layer in mm
ThicknessMM
Field Description Example
DryLeanConcrete DLC
Type of dry lean concrete
Type
GranularSubBase GSB
Type of granular sub base
Type
GranularSubBase 200
Thickness of GSB layer in mm
Thickness
GSBConstruction 2014
Year of construction of GSB layer
Year
Bitumi
Bitumin BSC nou s Bitumin
Se Sta End Pave Bitumin ous ous BBC Gran Granul
Dire men t ous Constr Base
NH c- rt Cha Type Surfa uc Base Constr ula r ar
c- Course
No. Surfa ce -tion Cour
tio Cha in tio ce uc- Base Base
Cour Type se
n Cour Year
se
n in age se Thickne tion Type Thickn
Type Thickne ss
Co age ss Year ess
de
NH00 ABC 0.0 5.0 Both Asphal BC 40.0 2015 DBM 100 2015 WMM 250
xx - side t
DE
F
ABC Both
NH00 - 5.0 11.0 side Asphal BC 40.0 2015 DBM 80 2015 WMM 250
xx DE t
F
ABC Both
NH00 - 11.0 20.0 side Asphal SDBC 25.0 2015 BM 115 2015 WMM 250
xx DE t
F
ABC Both
NH00 - 20.0 22.0 side Asphal BC 40.0 2015 DBM 100 2015 WMM 250
xx DE t
F
NH00 ABC 22.0 30.0 Both Asphal SDBC 25.0 2015 BM 115 2015 WMM 250
xx - side t
DE
F
ABC Both
NH00 - 30.0 31.0 side Asphal BC 40.0 2015 DBM 100 2015 WMM 250
xx DE t
F
(table continued…)
GB Pavem Pavem PQC DLC
ent ent Dry Dry Granul Granul GSB Lat
Const Const Lean Lean Const ar ar Desi Surv it Longi
Constr
ru Qualit Qualit ru ru gn ey u tu
Concr Concr SubB SubBas uct ion
ction y y ction ction CB Dat de de
ete ete ase e Year
Year Concr Concre Year Year R e
Thickn Type Type Thickn
ete te
ess ess
Type Thickn
ess
2015 NA NA NA NA NA NA GSB 300 2015 5% 05-05- 9.9 78.03
15 9
2015 NA NA NA NA NA NA GSB 300 2015 5% 05-05- 9.9 78.03
15 8
2015 NA NA NA NA NA NA GSB 300 2015 5% 05-05- 9.9 78.03
15 8
2015 NA NA NA NA NA NA GSB 300 2015 5% 05-05- 9.9 78.03
15 8
2015 NA NA NA NA NA NA GSB 300 2015 5% 05-05- 9.9 78.04
15 6
2015 NA NA NA NA NA NA GSB 300 2015 5% 05-05- 9.9 78.05
15 5
Data Source
Remarks
NH00x ABC- 0.7 0.8 Increasi L1 2.15 2.17 2.16 33 06-05- 9.9122 78.049
x DEF ng 17 9 61
NH00x ABC- 0.8 0.9 Increasi L1 2.45 2.05 2.25 32 06-05- 9.8904 78.034
x DEF ng 17 1 58
NH00x ABC- 0.9 1.0 Increasi L1 2.18 2.51 2.35 48 06-05- 9.8848 78.029
x DEF ng 17 9 95
2.3 Rutting
The following table lists the fields which need to be populated for the ‘Rutting’ attribute.
The descriptions of the fields are given below.
NH00x ABC-DEF 0.0 0.5 Increasing L1 0.40 0.30 0.35 20 06-05-17 78.026
x 9.98897 71
NH00x ABC-DEF 0.5 1.0 Increasing L1 0.60 0.50 0.55 37 06-05-17 78.029
x 9.98444 34
NH00x ABC-DEF 1.0 1.5 Increasing L1 0.80 0.90 0.85 42 06-05-17 78.030
x 9.98341 04
NH00x ABC-DEF 1.5 2.0 Increasing L1 0.40 0.40 0.4 46 06-05-17 78.030
x 9.98107 78
NH00x ABC-DEF 2.0 2.5 Increasing L1 0.30 0.30 0.3 42 06-05-17 78.041
x 9.96328 60
NH00x ABC-DEF 2.5 3.0 Increasing L1 0.70 0.60 0.65 49 06-05-17 78.052
x 9.95385 55
NH00x ABC-DEF 3.0 3.5 Increasing L1 0.40 0.50 0.45 42 06-05-17 78.056
x 9.93102 48
NH00x ABC-DEF 3.5 4.5 Increasing L1 0.90 0.80 0.85 33 06-05-17 78.049
x 9.91229 61
NH00x ABC-DEF 4.5 5.0 Increasing L1 0.40 0.30 0.35 32 06-05-17 78.034
x 9.89041 58
NH Secti Start End Lane Ski Ski Skid Spe Surv Latit
Directio e ud Longitu
Numbe on Chaina Chaina Numb d d Averag ey
n d e de
r Cod ge ge er Lef Rig e Dat
e t ht e
NH00x ABC- 0.0 0.5 Increasi L1 25.0 24.0 24.5 20 06-05- 9.988 78.026
x DEF ng 17 97 71
NH00x ABC- 0.5 1.0 Increasi L1 23.0 23.0 23.0 37 06-05- 9.984 78.029
x DEF ng 17 44 34
NH00x ABC- 1.0 1.5 Increasi L1 23.0 24.0 23.5 42 06-05- 9.983 78.030
x DEF ng 17 41 04
NH00x ABC- 1.5 2.0 Increasi L1 22.0 22.0 22.0 46 06-05- 9.981 78.030
x DEF ng 17 07 78
NH00x ABC- 2.0 2.5 Increasi L1 20.0 21.0 20.5 42 06-05- 9.963 78.041
x DEF ng 17 28 60
NH00x ABC- 2.5 3.0 Increasi L1 24.0 24.0 24.0 49 06-05- 9.953 78.052
x DEF ng 17 85 55
NH00x ABC- 3.0 3.5 Increasi L1 28.0 28.0 28.0 42 06-05- 9.931 78.056
x DEF ng 17 02 48
NH00x ABC- 3.5 4.5 Increasi L1 21.0 21.0 21.0 33 06-05- 9.912 78.049
x DEF ng 17 29 61
NH00x ABC- 4.5 5.0 Increasi L1 25.0 24.0 24.5 32 06-05- 9.890 78.034
x DEF ng 17 41 58
2.6 Falling Weight Deflectometer (FWD)
The following table lists the fields which need to be populated for the ‘FWD’ attribute. The
descriptions of the fields are given below.
NH00x AB 0.500 RHS R2 32.6 43.7 45.7 333 188 300 243
x C-
DE
F
NH00x AB 1.000 LHS L1 29.9 32.6 45.4 317 163 300 217
x C-
DE
F
NH00x AB 1.499 RHS R1 33.0 39.3 45.7 246 110 300 153
x C-
DE
F
NH00x AB 2.000 LHS L2 28.7 32.4 46.0 293 130 300 187
x C-
DE
F
NH00x AB 2.500 RHS R2 33.7 45.8 45.3 429 232 300 316
x C-
DE
F
NH00x AB 3.000 LHS L1 29.0 33.0 45.7 343 204 300 252
x C-
DE
F
NH00x AB 3.500 RHS R1 33.5 45.4 44.5 373 194 300 268
x C-
DE
F
NH00x AB 4.010 LHS L2 28.9 33.5 45.0 348 201 300 254
x C-
DE
F
NH00x AB 4.500 RHS R2 33.3 40.3 46.0 393 241 300 301
x C-
DE
F
(table continued…)
(table continued…)
Elastic Correcte
Location Elastic Correcte Corrected
Elasti d d Elastic Bitumin Bas GSB Subgra
Modulus Elastic Modulus ous ElasticModulus e Lay de
c Modulus Modulus
Granular SubGradeE3
Granular SubGradeE3 Layer Lay er CBR
8 Modulus E2 Bituminou
Bituminou sE1 E2 er
sE1
2400 6213 185 100 6447 135 78 105 230 200 0.08
2400 5356 195 100 5295 143 78 105 230 200 0.08
2400 4830 226 100 4770 169 78 105 230 200 0.08
2400 4394 165 100 4590 117 78 105 230 200 0.08
Granular Modifie
Bituminous Base Structura
Base Layer d Survey Latitud Longitu
Layer Layer l Date e de
Coefficient Structu
Coefficient Coefficient Number
A3 ral
A1 A2
Numbe
r
0.45 0.13 0.13 3.68 4.82 01-07-16 9.9889 78.0267
7 1
0.42 0.13 0.13 3.56 4.70 23-06-16 9.9844 78.0293
4 4
0.36 0.17 0.17 3.86 4.85 01-07-16 9.9834 78.0300
1 4
0.41 0.14 0.14 3.65 4.79 23-06-16 9.9810 78.0307
7 8
0.41 0.11 0.11 3.24 4.34 01-07-16 9.9632 78.0416
8 0
0.49 0.11 0.11 3.58 4.72 23-06-16 9.9538 78.0525
5 5
0.40 0.12 0.12 3.34 4.48 01-07-16 9.9310 78.0564
2 8
0.48 0.12 0.12 3.67 4.75 23-06-16 9.9122 78.0496
9 1
0.48 0.11 0.11 3.53 4.59 01-07-16 9.8904 78.0345
1 8
(Table continued…)
Elastic Cube Flexu
Normalize Modul
Area Radius
of of Normali Normali d Modulus ral Date
us of
Longit
DeflectRelativ zed zed Normali Strength stren Of Latitu ud
Subgra
Test de e
ion eS de
Deflecti Deflecti zed Deflection of of gth of in g
Concr
Basin tiffne on d1 Reacti et
on d2 Deflection Concrete concr
onk
e ete
ss d3 d4 fmr
Ec
fc
k
Note: This draft Agreement is a generic document and shall be modified based on particulars of
the DBFOT Project.
CONTRACT FOR CONSULTANT’S SERVICES
Between
(Name of Client)
And
(Name of Consultant)
Dated:
CONTENTS
Page No.
I FORM OF CONTRACT
II GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in Charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract
2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.8 Suspension
2.9 Termination
3. Obligation of the Consultants
3.1 General
3.2 Conflict of Interests
3.3 Confidentiality
3.4 Liability of the Consultants
3.5 Insurance to be Taken Out by the Consultants
3.6 Accounting, Inspection and Auditing
3.7 Consultants' Actions Requiring Client's Prior Approval
3.8 Reporting Obligations
3.9 Documents Prepared by the Consultants to Be the Property of the Client
3.10 Equipment and Materials Furnished by the Client
4. Consultants' Personnel and Sub-consultants and or Associates
4.1 General
4.2 Description of Personnel
4.3 Approval of Personnel
4.4 Working Hours, Overtime, Leave, etc. Removal
and/or Replacement of Personnel
4.6 Resident Project Manager
5. Obligations of the Client
5.1 Assistance and Exemptions
5.2 Access to Land
5.3 Change in the Applicable Law
5.4 Services, Facilities and Property of the Client
5.5 Payment
5.6 Counterpart Personnel
6. Payments to the Consultants
6.1 Cost Estimates; Ceiling Amount
6.2 Remuneration and Reimbursable Expenditures
6.3 Currency of Payment
6.4 Mode of Billing and Payment
7. Fairness and Good
Faith 7.1 Good Faith
7.2 Operation of the Contract
8. Settlement of Disputes
8.1 Amicable Settlement
8.2 Dispute Settlement
III SPECIAL CONDITIONS OF CONTRACT
IV APPENDICES
Appendix A: Description of the Services Appendix B:
Reporting Requirements Appendix C: Key Personnel
and Sub-consultants Appendix D: Medical Certificate
Appendix E: Hours of Work for Key Personnel Appendix
F: Duties of the Client
Appendix G: Cost Estimates in Foreign Currency
Appendix H: Cost Estimates in Local Currency
Appendix I: FORM OF PERFORMANCE SECURITY
Appendix J: Form of Bank Guarantee for Advance Payments Appendix
K: Letter of invitation
Appendix L: Letter of Award
Appendix M: Minutes of pre-bid meeting
Appendix N: Memorandum of Understanding between
I FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the day of the
2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the provisions of
the Contract; and
(b) The Client shall make payments to the Consultants in accordance with the
Provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective
names as of the day and year first above written.
By
(Authorized Representative)
By
(Authorized Representative)
[Note: If the Consultants consist of more than one entity, all of these entities should appear as
signatures, e.g. in the following manner]
By
(Authorized Representative)
By
(Authorized Representative)
etc.
II GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law
in the Government’s country [or in such other country as may be specified in the
Special Conditions of Contract (SC)], as they may be issued and in force from time
to time.
(b) “Contract means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in
Clause 1 of such signed Contract;
(c) “Effective Date’ means the date on which this Contract comes into force and
effect pursuant to Clause GC 2.1;
(d) ‘foreign currency’ means any currency other than the currency of the
Government;
(e) ‘GC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country;
(g) ‘Local currency’ means the Indian Rupees;
(h) “Consultant” wherever mentioned in this Contract Agreement means the
“Independent Consultant (IE)” and includes and sub-consultants or Associates
engaged by the primary consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more than one entity,
means any of these entities, and “Members” means all of these entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties
means both of them;
(k) “Personnel” means persons hired by the Consultants or by any Sub-Consultants and
or Associates as Employees and assigned to the performance of the Services or any
part thereof; “Foreign Personnel” means such persons who at the time of being so
hired had their domicile outside the Government’s Country, “Local Personnel” means
such persons who at the time of being so hired had their domicile inside the
Government’s Country; and ‘key personnel’ means the personnel referred to in
Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
(m) "Services" means the work to be performed by the Consultants pursuant to his
contract, as described in Appendix A hereto. The scope of work will be strictly
as given in various Clauses in TOR. The approach and methodology to be adopted by
the Consultant for carrying out the assignment as Independent Engineer may be
modified depending on the site requirements and work programme of the
Concessionaire after mutual discussions with NHAI, the Concessionaire and the
Independent Engineer. The work plan as indicated by the Consultant may be
modified accordingly to the site requirements.
(n) "Sub-consultant and or Associates " means any entity to which the Consultants
subcontract any part of the Services in accordance with the provisions of Clause GC
3.7; and
(o) "Third Party" means any person or entity other than the Government, the
Client, the Consultants or a Sub-consultant.
1.2 Relation between the Parties
Nothing contained herein shall be construed as establishing a relation of master and servant
or of principal and agent as between the Client and the Consultants. The Consultants,
subject to this Contract, have complete charge of Personnel and Sub- consultants, if any,
performing the Services and shall be fully responsible for the Services performed by them
or on their behalf hereunder.
1.3 Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Law.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of
this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent permitted to be given or made pursuant to this Contract shall
be routed through NHAI Data Lake only unless the law requires to when etc., through physical
/ any send such notice, request, ue other specified mode only. Any such notice, request or
consent shall be deemed to is have been delivered when given or made on the NHAI Data
Lake to an authorized representative of the Party specified in the SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A Party may change its address for notice hereunder by giving the other Party notice of such
change pursuant to the provisions listed in the SC with respect to Clause GC 1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in Appendix A hereto
and, where the location of a particular task is not so specified, at such locations. Whether
in Government's Country or elsewhere, as the Client may approve.
1.8 Authority of Member in Charge
In case the Consultants consist of a joint venture of more than one entity, the Members
hereby authorize the entity specified in the SC to act on their behalf in exercising all the
Consultants' rights and obligations towards the Client under this Contract, including without
limitation the receiving of instructions and payments from the Client.
1.9 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to
be executed, under this Contract by the Client or the Consultants may be taken or executed
by the officials specified in the SC.
1.10 Taxes and Duties
Unless otherwise specified in the SC, the Consultants, Sub-consultants and Personnel shall
pay such taxes, duties, fees and other impositions as may be levied under the Applicable
Law. NHAI shall reimburse only Goods and service tax on production of project specific proof
of payment of Goods and service tax.
2. Commencement, Completion, Modification and Termination of Contract
2.1Effectiveness of Contract
This Contract shall come into force and effect on the date (the "Effective Date") of the
Client's notice to the Consultants instructing the Consultants to begin carrying out the
Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SC
have been met.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as shall be specified in the SC, either Party may, by not less
than four (4) weeks' written notice to the other Party, declare this Contract to be null and
void, and in the event of such a declaration by either Party, neither Party shall have any
claim against the other Party with respect hereto.
2.3 Commencement of Services
The Consultants shall begin carrying out the Services at the end of such time period after
the Effective Date as shall be specified in the SC.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire when
services have been completed and all payments have been made at the end of such time
period after the Effective Date as shall be specified in the SC.
2.5 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the Parties. No
agent or representative of either Party has authority to make, and the Parties shall not be
bound by or be liable for, any statement, representation, promise or agreement not set
forth herein.
2.6 Modification
Modification of the terms and conditions of this Contract, including any modification of the
scope of the Services, may only be made by written agreement between the Parties as the
case may be, has been obtained. Pursuant to Clause GC 7.2 hereof, however, each Party
shall give due consideration to any proposals for modification made by the other Party.
2.7 Force Majeure
2.7.1 Definition
(a) 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 hereunder impossible or so impractical as reasonably to be considered
impossible in the circumstances, and 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.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a party or such Party's Sub-consultants or agents or employees,
nor (ii) any event which a diligent Party could reasonably have been expected to
both (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.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultants shall be entitled to be reimbursed for additional
costs reasonably and necessarily incurred by them during such period for the
purposes of the Services and in reactivating the Services after the end of such period.
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of
Force Majeure, have become unable to perform a material portion of the Services,
the Parties shall consult with each other with a view to agreeing on appropriate
measures to be taken in the circumstances.
2.8 Suspension
The Client may, by written notice of suspension to the Consultants, suspend all payments to
the Consultants hereunder if the Consultants fail to perform any of their obligations under
this Contract, including the carrying out of the Services, provided that such notice of
suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants
to remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultants of such notice of suspension.
2.9 Termination
(d) In order to prevent the tendency of the personnel and consulting firm to submit
incorrect and inflated CV, they should sign every page of CV before submission in
order to authenticate that CV furnished by them is correct. The consulting firm and
the personnel through consulting firm should be informed by NHAI while accepting
CV of the new personnel that if CV is found in correct and inflated at a later date,
the personnel accepted would be removed from his assignment and debarred from
further NHAI works for 3 years and the new proposed personnel in place of removed
personnel would be paid 15% less salary than the original personnel. 15% reduction
in the salary will be imposed as a penalty for submitting the incorrect information.
This penalty will be imposed only once. If the same consulting firm submits incorrect
information again second time, necessary action will be taken by NHAI to black-list
that firm.
(e) In case of extension of contract, the Consultant can propose one time replacement
of each key personnel without attracting any penalty or reduction in remuneration,
subject to approval of the authority taking into consideration the progress of work
at site. Qualifications of replacements shall be better or equivalent to the original
key personnel. Any further replacement will be governed as per contract provisions.
5.5 Payment
In consideration of the Services performed by the Consultants under this Contract, the Client
shall make to the Consultants such payments and in such manner as is provided by Clause
GC 6 of this Contract.
5.6 Counterpart Personnel
(a) If so provided in Appendix F hereto, the Client shall make available to the
Consultants, as and when provided in such Appendix F, and free of charge, such
counterpart personnel to be selected by the Client, with the Consultants' advice, as
shall be specified in such Appendix F. Counterpart personnel shall work under the
exclusive direction of the Consultants. If any member of the counterpart personnel
fails to perform adequately any work assigned to him by the Consultants which is
consistent with the position occupied by such - member, the Consultants may request
the replacement of such member, and the Client shall not unreasonably refuse to
act upon such request.
(b) If counterpart personnel are not provided by the Client to the Consultants as and
when specified in Appendix F, the Client and the Consultants shall agree on
(i) how the affected part of the Services shall be carried out, and (ii) the additional
payments, if any, to be made by the Client to the Consultants as a result thereof
pursuant to Clause GC 6.1(c) hereof.
6. Payments to the Consultants
6.1 Cost Estimates; Ceiling Amount
(a) An estimate of the cost of the Services payable in local currency is set forth in
Appendix H.
(b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause GC
6.1(c), payments under this Contract shall not exceed the ceilings in foreign currency
and in local currency specified in the SC. The Consultants shall notify the Client as
soon as cumulative charges incurred for the Services have reached 80% of either of
these ceilings.
(c) Notwithstanding Clause GC 6.l(b) hereof, if pursuant to clauses GC 5.3,5.4 or 5.6
hereof, the Parties shall agree that additional payments in local and/or foreign
currency, as the case may be, shall be made to the Consultants in order to cover any
necessary additional expenditures not envisaged in the cost estimates referred to in
Clause GC 6.1(a) above, the ceiling or ceilings, as the case may be, set forth in Clause
GC 6.1 (b) above shall be increased by the amount or amounts, as the case may be,
of any such additiona2l1p8ayments.
6.2 Payment mechanism
(a) Payment of Independent Engineer shall be based on the monthly reports. Report
shall be approved by the Authority only if it includes all the sections prescribed in
the format and submitted as per specified timelines. For 2 months per year, report
shall be considered to be completed only if detailed equipment based inspection
report is attached with the monthly report.
(b) Payment shall be based on following criteria
Payment dependent on % of annual Total % of
contract value per annual contract
report value
Monthly reports which do not contain 7.5% 75%
equipment based inspection report (For 10
months in a year)
Monthly Status reports which contain 12.5% 25%
equipment based inspection report (For
2 months in a year)
Note: Annual contract value shall be calculated as = Total contract value divided by number
of years of original contract period
For avoidance of doubt, during 60 months tenure of Consultant, Monthly Reports without
equipment based inspection report shall be submitted for 50 months. Submission of these 50
reports will provide 75% of contract value. Actual payment will be in accordance with
Payments section in General Conditions of Contract and Special Conditions of Contract.
Monthly Status Reports with equipment based inspection report shall be submitted for 10
months. Submissions of these 10 reports will provide 25% of contract value.
(c) Reimbursable expenditures actually and reasonably incurred by the Consultants in
the performance of the Services, as specified in the SC .
Notwithstanding anything to the contrary stated in the GCC and SCC, it shall be
mandatory to deploy the key personnel and sub-professional as per the Man- Months
Input specified in the Terms of Reference. Inadequate deployment of key personnel
and sub-professional shall lead to deduction in the monthly payment as per following
table. The key personnel and sub- professional shall be considered to be
inadequately deployed if he/she is not present for atleast 90% of the time stipulated
in the month, as per the Man Months Input in the Terms of Reference and the
Deployment Schedule proposed by the firm. Sr. No. Personnel
Sr. No. Personnel % reduction in monthly payment
1 Team Leader cum Highway Engineer 20%
2 Highway Maintenance cum Resident 25%
Engineer
3 Bridge Engineer 20%
4 Other Key Personnel 20%
5 Sub-professional staff 15%
For avoidance of doubt, in case the Team Leader cum Senior Highway Engineer has
not been made available for 90% of the stipulated time in the month excluding
permissible casual leave, then only 80% of the monthly payment of all the Key
personnel during the month shall be released. Similarly for RE /
Bridge Engineer/ Other Key Personnel, the mentioned reduction shall be done in the
payment of remuneration of all the Key Personnel during the Month. In the case of
“Other Key Personnel (Sr. No. 4)” the average availability across the group shall be
considered for calculation.
Similarly, in case of “Sub – Professional Staff (Sr. No. 5)”, the average availability
across the Sub-Professional shall be considered and reduction in payment of all sub
professional shall be done at the rates mentioned above.
(d) It is mandatory to use all the equipment mentioned in Section 6.4 of TOR for road
inspection surveys. Non-use of equipment in the survey month as specified in
Annexure- IV (Month of survey for equipment based road condition assessment) can
be considered only in unavoidable circumstances. However, non-use of equipment
shall lead to deduction in monthly payment as per the following table.
S No Equipment to be used Payment to be released (as
% of monthly payment
linked to equipment based
report)
9 Fake CV
(a) If any information is found incorrect / fake inflated in the CV. at any stage, debarment of the
key personnel from future MORT&H/ NHÀI or its Executing Agencies Projects upto 2 years may be
taken by MORT&H/NHAI or its Executing Agencies
(b) In case, the information contained in the CV for the duration in which the key personnel was
employed by the firm, proposing his candidature is found incorrect / fake/ inflated at any stage,
action including termination of the consultancy agreement and debarment of the firm upto 2 years
from future MORT&H/ NHAI or its Executing Agencies Projects shall be taken by MORT&H / NHAI or
its Executing Agencies.
(c) in case, the information contained in the CV for the duration in which the key personnel was
employed by the firm proposing his candidature is found incorrect / fake / inflated at any stage,
the consultancy firms shall have to refund the salary and perks drawn in respect of the person apart
from other consequences.
(d) In case, the information contained in the CV for the duration in which the key personnel was not
employed by the firm proposing his candidature is found incorrect / fake / inflated at any stage,
the Consultancy firms will have to refund the twice of salary and perks drawn in respect of the
person.
III SPECIAL CONDITIONS OF CONTRACT
GC Clause
A. Amendments of, and Supplements to, Clauses in the General Conditions of Contract
1.1(a) The words “in the Government’s country” are amended to read “in INDIA”
1.4 The language is: English
1.6.1 The addresses are:
Attention:
Cable address:
Telex:-
Fax:-
Consultants: Attention:
Cable
address:
Telex
Facsimile
1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees, levies
and other impositions levied under the existing, amended or enacted laws during life of this
contract and the client shall perform such duties in regard to the deduction of such tax as
may be lawfully imposed.
2.1 The effectiveness conditions are the following:
(i) Approval of the Contract by the client
2.2 The time period shall be four months or such other time period as the parties may
agree in writing.
2.3 The time period shall be one month or such other time period as the Parties may agree in
writing.
2.4 The time period shall be 60 months
(e) Except in case of gross negligence or willful misconduct on the part of the
Consultants or on the part of any person or firm acting on behalf of the Consultants
in carrying out the Services, the Consultants, with respect to damage caused by the
Consultants to the Client's property, shall not be liable to the Client:
(i) for any indirect or consequential loss or damage; and
(ii) Consultant will maintain at its expenses; Professional Liability Insurance
including coverage for errors and omissions caused by Consultant’s
negligence in the performance of its duties under this agreement, (A) For the
amount not exceeding total payments for Professional Fees and Reimbursable
Expenditures made or expected to be made to the Consultants hereunder OR
(B) the proceeds, the Consultants may be entitled to receive from any
insurance maintained by the Consultants to cover such a liability, whichever
of (A) or (B) is higher.
(iii) The policy should be issued only from an Insurance Company operating in
India.
(iv) The policy must clearly indicate the limit of indemnity in terms of “Any One
Accident” (AOA) and “Aggregate limit on the policy period” (AOP) and in no
case should be for an amount less than stated in the contract.
(v) If the Consultant enters into an agreement with NHAI in a joint venture or ‘in
association’, the policy must be procured and provided to NHAI by the joint
venture/in association entity and not by the individual partners of the joint
venture/association.
(vi) The contract may include a provision thereby the Consultant does not cancel
the policy midterm without the consent of NHAI. The insurance company may
provide an undertaking in this regard.
(f) This limitation of liability shall not affect the Consultants' liability, if any, for
damage to Third Parties caused by the Consultants or any person or firm acting on
behalf of the Consultants in carrying out the Services.
(g) Professional Liability Insurance may be accepted for initially one year which shall be
extended annually for five years. PLI shall be uniformly taken for a period of five
years.
6.4(a) The following provisions shall apply to the interest bearing advance payment and the
advance payment guarantee:
1) An advance payment. of 10% of the contract price in proportion to the
quoted Indian currency (INR) & foreign currency (US dollar) in the bid shall
be made within 60 days after receipt and verification of advance payment
bank guarantee. The advance payment will be set off by the Client in equal
instalments against the statements for the first 12 months of the Service
until the advance payment has been fully set off.
1) The bank guarantee shall be in the amount and in the currency of the
foreign and local currency portion of the advance payment.
2) Interest rate shall be 10% per annum (on outstanding amount) for local
Currency including converted foreign component into local currency.
6.4(c) The interest rate is 6% per annum for local currency.
6.4(e) The accounts are:
For foreign
currency:
[Note: Insert account number, type of account and name and address of the Bank]
8.2 Disputes shall be settled by arbitration in accordance with the following provisions:
8.2.1 Selection of Arbitrators
Each dispute submitted by a Party to Arbitration shall be heard by a sole arbitrator. NHAI
shall within 30 days propose names of five (5) Arbitrators from the list of Arbitrators
maintained by SAROD (Society for Affordable Redressal of Disputes) and Consultant shall
within 30 days select one name from the list of five and the name so selected by the
Consultant shall be the Sole Arbitrator for the matter in dispute. In case NHAI delays in
providing the list of 5 names, President, SAROD will provide 5 names within 30 days of receipt
of reference from aggrieved party in this regard. In case the Consultant fails in selecting one
from the list of five, President, SAROD shall select one from the list of five provided by NHAI
within 30 days of receipt of reference from aggrieved party in this regard.
8.2.5 Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the parties be held in Delhi.
(b) The English language shall be the official language for all purposes;
(c) The decision of sole arbitrator shall be final and binding and shall be enforceable in
any court of competent jurisdiction, and the Parties hereby waive any objections to or
claims of immunity in respect of such enforcement; and
(d) Fee structure shall be as given below:
S. Particulars of fee and other Schedule Amount payable per Arbitrator / per case
No. charges
5. Other expenses (As per actuals against bills subject to maximum of the prescribed
ceiling given below)
Traveling Expenses Lodging Economy class (by air), First class AC (by train) and AC
car (by road)
and Boarding (a) Rs.15,000/- per day (Metro cities)
(b) Rs.7,000/- per day (in other cities)
(c) Rs.3,000/- per day, if any Arbitrator makes
own arrangement.
7. Extra charges for days other Rs.5,000/- per day for outstation Arbitrator
than hearing / meeting days
(maximum for 2 days)
Note: 1. Lodging, boarding and travelling expenses shall be allowed only for those
members who are residing 100 kms. away from place of meeting
2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be
considered as Metro Cities.
IV APPENDICES
[Give detailed descriptions of the Services to be provided; dates for completion of various tasks,
place of performance for different tasks; specific tasks to be approved by Client, etc.]
Details as per TOR
[List format, frequency, contents of reports and number of copies; persons to receive them;
dates of submission, etc. If no reports are to be submitted, state here "Not applicable".]
Please refer TOR
[List under: C-l Titles [and names, if already available}, detailed job descriptions and minimum
qualifications. experience of Personnel to be assigned to work in India, and staff- months for each.
C-2 Same information as C-l for Key local Personnel.
C-3 Same as C-l for Key foreign Personnel to be assigned to work outside India.
C-4 List of approved Sub-consultants [if already available]; same information with
respect to their Personnel as in C-l through C-4)
[Show here an acceptable form of medical certificate for foreign Personnel to be stationed in India.
If there is no need for a medical certificate, state here: "Not applicable. "]
The Consultants Key personnel and all other Professional / Sub Professional / Support Staff / Sub-
Consultancy personnel shall work 6 days (Mondays through Saturday) every week and observe the
Gazetted Holidays of Government of India as Holidays. The Consultant shall work as per the work
program of the concessionaire. In this context incase the work plan of the Consultant needs suitable
modifications, the same shall be carried out and submitted to the client for consideration. The
Consultants hours of work normally shall match with that of Contractor’s activities on the site. No
extra remuneration shall be claimed or paid for extra hours of work required in the interest of
Project completion.
In addition, Casual Leave for 12 days shall be permitted in a year to each Key Personnel / Sub-
professional with prior intimation to the Authority. Out of this, a maximum of 03 CLs can be availed
either separately or together in a quarter and the period of the CLs would be counted as Key
Personnel / Sub-professional being on duty.
In respect of foreign personnel, one day per trip as travel time from and to the country of the
Government shall be allowed. 229
Please refer TOR
(a) Access to the quality control laboratory for performing various types of tests,
which will be provided by the concessionaire including the testing personnel.
(b) RFQ, RFP, Concession Agreement, Bid submission, Site Data and information for
field surveys and investigations
(c) Detailed Work plan and Programme for Operation and Maintenance of Project
Highway from Concessionaire.
(d) Quality Assurance Plan and Quality Control Procedures from the Concessionaire.
(e) All the reports and necessary data as per the reporting obligation of
concessionaire under the concession Agreement.
(f) Necessary letters, which will be required for Visa’s of foreign personnel and
procuring other services by the consultant for performing project services.
Please refer TOR
The Chairman,
National Highways Authority of India, G-5 & 6, Sector-10, Dwarka,
New Delhi –110 075 India
WHEREAS [Name and
1
address of Consultants] (hereinafter called “the consultants”) has undertaken in pursuance of
Contract No. dated to provides the services on terms and
conditions set forth in this Contract [Name of contract and brief
description of works) (hereinafter called the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Consultants shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
2
Consultants up to a total of ____________________________________[amount of Guarantee]
[in words], such sum being payable in the types and proportions
of currencies in which the Contract Price is payable, and we undertake to pay you, upon your
first written demand and without cavil or argument, any sum or sums within the limits of [amount
of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your
demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Consultants before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the services to be performed there under or of any of the Contract documents which may be
made between you and the Consultants shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change in the constitution
of the consultants or of the Bank.
14. " This guarantee shall also be operatable at our Branch at New
Delhi, from whom, confirmation regarding the issue of this guarantee or extension / renewal thereof
shall be made available on demand. In the contingency of this guarantee being invoked and payment
thereunder claimed, the said branch shall accept such invocation letter and make payment of
amounts so demanded under the said invocation."
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.
This guarantee shall be valid for a period of 62 months i.e. upto 2 months beyond the expiry of
contract of 60 months.
Signature and Seal of the Guarantor
In presence of
Name and Designation 1.
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank) Ref:
Bank Guarantee:
Date:
Dear Sir,
In consideration of M/s. (hereinafter referred as the "Client",
which expression shall, unless repugnant to the context or meaning thereof include it
successors, administrators and assigns) having awarded to M/s.
(hereinafter referred to as the "Consultant" which expression shall unless repugnant to the
context or meaning thereof, include its successors, administrators, executors and assigns), a
contract by issue of client's Contract Agreement No. dated and
the same having been unequivocally accepted by the Consultant, resulting in a Contract valued at
for Contract (hereinafter called the "Contract")
(scope of work)
and the Client having agreed to make an advance payment to the Consultant for performance of
the above Contract amounting to (in words and figures) as an advance against Bank Guarantee to
be furnished by the Consultant.
We
(Name of the Bank) having its Head Office at (hereinafter
referred to as the Bank), which expression shall, unless repugnant to the context or meaning
thereof, include its successors, administrators executors and assigns) do hereby guarantee and
undertake to pay the client immediately on demand any or, all monies payable by the
Consultant to the extent of as aforesaid at any time
upto @ without any demur,
reservation, contest, recourse or protest and/or without any reference to the consultant. Any such
demand made by the client on the Bank shall be conclusive and binding notwithstanding any
difference between the Client and the Consultant or any dispute pending before any Court,
Tribunal, Arbitrator or any other authority. we agree that the Guarantee herein contained shall
be irrevocable and shall continue to be enforceable till the Client discharges this guarantee.
The Client shall have the fullest liberty without affecting in any way the liability of the Bank under
this Guarantee, from time to time to vary the advance or to extend the time for performance of
the contract by the Consultant. The Client shall have the fullest liberty without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of any right
which they might have against the Client and to exercise the same at any time in any manner, and
either to enforce or to forebear to enforce any covenants, contained or implied, in the Contract
between the Client and the Consultant any other course
or remedy or security available to the Client. The bank shall not be relieved of its obligations
under these presents by any exercise by the Client of its liberty with reference to the matters
aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or
commission on the part of the Client or any other indulgence shown by the Client or by any other
matter or thing whatsoever which under law would but for this provision have the effect of
relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against
the Bank as a principal debtor, in the first instance without proceeding against the Consultant and
notwithstanding any security or other guarantee that the Client may have in relation to the
Consultant's liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is limited to
and it shall remain in force upto and including
and shall be extended from time to time for such period (not
exceeding one year), as may be desired by M/s. on whose
behalf this guarantee has been given.
Dated this day of 2021 at
WITNESS
(signature)
(Signature)
(Name)
(Name)
And
Whereas National Highways Authority of India (hereinafter called NHAI) has invited proposal
for appointment of Independent Engineer for (Name of project) hereinafter called the Project.
And Whereas (Lead Partner) and JV
partner/s have agreed to form a Joint Venture to provide the said services to NHAI as
Independent Engineer; and
Now, therefore, it is hereby agreed by and on behalf of the partners as follows:
(i) will be the lead partner and will be the other
JV partner/s and percentage share* will be as under:-
Lead Partner - % (in words)
Other JV Partner - % (in words)
(ii) (Lead partner) shall be the incharge of overall administration of
contract and shall be authorised representative of all JV partners for conducting all
business for and on behalf of the JV during the bidding process and subsequently,
represent the joint venture for and on behalf of the JV for all contractual matters
for dealing with the Employer
/NHAI /Concessionaire/ EPC contractor if Consultancy work is awarded to JV.
(iii) All JV partners do hereby undertake to be jointly and severely responsible for all the
obligation and liabilities relating to the consultancy work and in accordance with the
Terms of Reference of the Request for Proposal for the Consultancy Services.
Note: The bidder cannot revise their share among Lead/JV partner which was declared at the time
of bidding of respective consultancy assignments.
DISCLAMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.
PROCEDURE UNDER E-TENDERING INSTRUCTIONS TO APPLICANTS
(Note: RFP stands modified to the extent required as per these instructions).
DEFINITIONS
NHAI e-Procurement Portal: An e-tendering portal of National Highways Authority
of India (“NHAI”) introduced for the process of e-tendering which can be accessed
on https://etenders.gov.in
Words in capital and not defined in this document shall have the same meaning as in the
Request for Qualification (“RFP”).
(iv) If the Applicant has already registered with the https://etenders.gov.in and validity
of registration has not expired, then such Applicant does not require fresh
registration.
The Applicant shall submit the original documents specified above together with their
respective enclosures to the Authority after declaration of bid evaluation result by
Authority in compliance of Circular No.9.1.11/2019 Dt.06.06.2019 in regard to
dispensation of physical submission of bids
(IV) The Applicant shall upload scanned copies of the Technical Proposal and Financial Proposal
as specified in point nos. 4.1 (ii) A & B above on the https://etenders.gov.in before 1100
hours Indian Standard Time on the Application due date i.e. on 22.11.2024. Financial
Proposal is to be submitted On-line only and no hard submission is to be made.
(V) The Applicant shall upload scanned copies of the documents as specified in point nos. B
above on the https://etenders.gov.in before 1200 hours Indian Standard Time on the
Application due date. No hard copy of the documents as specified in point no. B above is
required to be submitted. In the event of any discrepancy between the original and the copy
(in electronic form), the original shall prevail.
(V) It may be noted that the scanned copies can be prepared in file format i.e. PDF and/or
ZIP only. The Applicants can upload a single file of size of 10 MB only but can upload multiple
files
3. 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.
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same
accordingly.
APPENDIX B-9: DRAFT INTEGRITY PACT
(To be executed on plain paper and submitted along with Technical Bid/Tender documents for
tenders having a value between Rs.5 Cr and 100 Cr. To be signed by the bidder and same signatory
competent/ authorized to sign the relevant contract on behalf of the NHAI)
Tender No.
Between
National Highways Authority of India (NHAI), a statutory body constituted under the National
Highways Authority of India Act, 1988, which has been entrusted with the responsibility of
development, maintenance and management of National Highways, having its office at G-5 & G-6,
Sector-10, Dwarka, New Delhi, hereinafter referred to as “The Principal”, which expression shall
unless repugnant to the meaning or contract thereof include its successors and permitted assigns.
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures, contract/s
for Consultancy services as Independent Engineer during Operation & Maintenance Period for
the Project “4 lane Unnao-Lalganj section of NH-232A (NH-31) from design Km 00.000 to design
Km 70.000 under Bharatmala Pariyojana on Hybrid Annuity Mode in the state of Uttar Pradesh".
The Principal values full compliance with all relevant laws of the land, rules ofland, regulations,
economic use of resources and of fairness/ transparency in its relations with its Bidder(s) and/ or
Contractor(s)/Concessionaire(s)/ Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as Integrity Pact) the terms and conditions of which shall also
be read as integral part and parcel of the Tender documents and contract between the parties.
Now, therefore, in consideration of mutual covenants stipulated in this pact, the parties hereby
agree as follows and this pact witnesses as under:-
2) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
Article 3 Disqualification from tender process and exclusion from future contracts.
1. If the Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s), before award or during
execution has committed a transgression through a violation of any provision of Article-2,
above or in any other form such as to put his reliability or credibility in question, the Principal
is entitled to disqualify the Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s) from
the tender process.
2. If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a
transgression through a violation of Article-2 such as to put his reliability or credibility into
question, the Principal shall be entitled to exclude including blacklist and put on holiday the
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) for any future tenders/ contract
award process. The imposition and duration of the exclusion will be determined by the
severity of the transgression. The severity will be determined by the Principal taking into
consideration the full facts and circumstances of each case particularly taking into account
the number of transgressions, the position of the transgressors within the company hierarchy
of the Bidder(s)/ Contractors)/ Concessionaire(s)/ Consultant(s) and the amount of the
damage. The exclusion will be imposed for a minimum period of 6 months and maximum
period of 2 years.
3. A transgression is considered to have occurred if the Principal after due consideration of the
available evidence concludes that “On the basis of facts available there are no material
doubts”.
4. The Bidder / Contractor / Concessionaire / Consultant with its free consent and without any
influence agrees and undertakes to respect and uphold the Principal‟ s absolute rights to
resort to and impose such exclusion and further accepts and undertakes not to challenge or
question such exclusion on any ground, including the lack of any hearing before the decision
to resort to such exclusion is taken. This undertaking is given freely and after obtaining
independent legal advice.
5. The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder/ Contractor/ Concessionaire/ Consultant shall be
final and binding on the Bidder/ Contractor/ Concessionaire/ Consultant. However,
Ksjaeuoissaouo Consultant(s), the Bidderts Contractor(s) Concessionaire(s) Consultant(s) can
approach IEM(s) appointed for the purpose of this pact.
6. On occurrence of any sanctions / disqualification etc arising out from violation of
integrity pact, the Bidder / Contractor / Concessionaire / Consultant shall not be entitled for any
compensation on this account
7. Subject to full satisfaction of the Principal, the exclusion of the Bidder / Contractor /
Concessionaire / Consultant could be revoked by the Principal if the Bidder / Contractor /
Concessionaire / Consultant can prove that he has restored/ recouped the damage caused
by him and has installed a suitable corruption prevention system in his organization.
1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest Money Deposit
/ Bid Security or demand and recover the damages equivalent to Earnest Money Deposit /
Bid Security apart from any other legal right that may have accrued to the Principal.
2. In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor /
Concessionaire / Consultant‟ s Default. In such case, the Principal shall be entitled to forfeit
the Performance Bank Guarantee of the Contractor / Concessionaire / Consultant and / or
demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
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Article 7 Criminal charges against violating Bidder(s) / Contractor(s) /
Concessionaire(s) / Consultant(s) / Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder / Contractor / Concessionaire /
Consultant or Subcontractor, or of an employee or a representative or an associate of a Bidder
/ Contractor / Concessionaire / Consultant or Subcontractor, which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief
Vigilance Officer.
1) The Principal appoints competent and credible Independent External Monitor for this Pact
after approval from Central Vigilance Commission. The task of the Monitor is to review
independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement. The following to independent external monitors (IEMs)
has been engaged by NHAI.
(i) Smt Gauri Kumar IAS Retd {Ref office order no. 11019/2797/2021-admn(E-76881)/870-
manual dt. 17.05.2021}
(ii) Shri Ashish Bhauguna IAS Retd {Ref office order no. 11019/2797/2021-admn(E-
76883/37312 )/912-manual dt. 28.05.2021}
2) The Monitor is not subject to instructions by the representatives of the parties and performs
his functions neutrally and independently. 1le reports to the Chairman, NHAI.
3) The Bidder(s) /Contractor(s) /Concessionaire(s) /Consultant(s) accepts that the Monitor
has the right to access without restriction to all project documentation of the Principal
including that provided by the Bidder(s) /Contractor(s) /Concessionaire(s) /Consultant(s).
The Bidder(s)
/Contractor(s) /Concessionaire(s) /Consultant(s) will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional access to his
project documentation. The same is applicable to Subcontractors.
4) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/ Contractor(s) / Subcontractor(s) with confidentiality. The Monitor has also
signed on Non-disclosure of Confidential Information' and of Absence of Conflict of
Interest". In case of any conflict of interest arising at a later date, the IEM shall inform
Chairman, NHAI and recuse himself herself from that case.
5) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Bidder/ Contractor/ Concessionaire/
Consultant. The parties offer to the Monitor the option to participate in such meetings.
6) As soon as the Monitor notices, or believes, to notice any transgression as given in Article-
2, he may request the Management of the Principal to take corrective action, or to take
relevant action. The monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act in a specific
manner, refrain from action or tolerate action.
7) The Monitor will submit a written report to the Chairman, NHAI within 8 to 10 weeks from
the date of reference or intimation to him by the Principal and, should the occasion arise,
submit proposals for correcting problematic situations.
8) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion of an offence
under relevant IPC/PC Act or any other Statutory Acts, and the Chairman, NHAI has not,
within the reasonable time taken visible action to proceed against such offence or reported
it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to
the
Central Vigilance Commissioner.
The word 'Monitor' would include both singular and 248
plural
Article 9 Pact Duration
This Pact begins when both parties have legally signed it. (In case of EPC i.e. for projects funded by
Principal and consultancy services). It expires for the Contractor/ Consultant 12 months after his
Defect Liability period is over or 12 months after his last payment under the contract whichever is
later and for all other unsuccessful Bidders 6 months after this Contract has been awarded. (In case
of BOT Projects) It expires for the concessionaire 24 months after his concession period is over and
for all other unsuccessful Bidders 6 months after this Contract has been awarded. Any violation of
the same would entail disqualification of the bidder and exclusion from future dealings.
If any claim is made/ lodged during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged/ determined by Chairman
of NHAI.
1. This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
4. Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
5. Issue like warranty / Guarantee etc. shall be outside the purview of IEMS.
6. In the event of any contradiction between the Integrity Pact and its
Annexure, the clause in integrity pact shall prevail.
7. Any disputes/ differences arising between the parties with regard to term of this pact,
any action taken by the Principal in accordance with this Pact or interpretation thereof
shall not be subject to any Arbitration.
8. The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first done
mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/
Contractor/ Concessionaire/Consultant )
(Office Seal )
Place
Date
Witness 1 :
Witness 2 :