NATIONAL HIGHWAYS AUTHORITY OF INDIA

(MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVT.OF INDIA)

Regional Office, Chennai

SRI Tower, 3rd Floor
DP-34 (SP), Industrial Estate,
Guindy, Chennai – 600 032.

Independent Engineer services for

Package - I
Four Laning of balance work and Operation and Maintenance of Tirupathi – Tiruthani –
Chennai Section of NH-205 from Km.274.800 to Km.338.030 in the State of Andhra
Pradesh and from Km 0.000 to Km 61.470 in the State of Tamil Nadu on Design, Build
Finance, Operate and Transfer (DBFOT) Toll Basis
AND
Package - II
For Chennai Bypass from Km 0.000 to Km 32.600
in the State of Tamil Nadu

(Consultancy Package No. RO Chennai/IE/O&M/2016/Package-VI)

REQUEST FOR PROPOSAL (RFP)

January – 2017
NHAI-RO_Chennai RFP for IE Services

CONTENTS

Sr. No. Particulars Page No.

1 SECTION 1 : Information to Consultants 3-7

2 SECTION 2 : Letter of Invitation 8-27

3 SECTION 3 : Format for Submission of Firms Credentials. 28-30

4 SECTION 4 : Format for Submission of Technical Proposal. 31-41

5 SECTION 5 : Format for Submission of Financial proposal. 42-49

6 SECTION 6 : Terms of Reference. 50-65

7 SECTION 7 : Draft Form of Contract. 66-129

8 SECTION 8: Self Evaluation Sheet 130-136

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REQUEST FOR PROPOSAL (RFP)

SECTION-1

INFORMATION TO CONSULTANTS

Sub: Independent Engineer services for Package-I - Four Laning of balance work and
Operation and Maintenance of Tirupathi – Tiruthani – Chennai Section of NH-
205 from Km.274.800 to Km.338.030 in the State of Andhra Pradesh and from Km
0.000 to Km 61.470 in the State of Tamil Nadu on Design, Build Finance, Operate
and Transfer (DBFOT) Toll Basis
AND
Package-II - For Chennai Bypass from Km 0.000 to Km 32.600 in the State of
Tamil Nadu.
(Consultancy Package No. RO Chennai/IE/O&M/2016/Package-VI)

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 Tamil Nadu.
TABLE 1: DETAILS OF PROJECT
Project Assignment
S. N State NH No. Project stretch Length period
(Km) (months)
1. Tamil 205 Tirupathi – Tiruthani- 126.400 36
Nadu/ Chennai (Km 274/800
Andhra to Km 338.030)in
Prades Andhra Pradesh and
h (Km 0.000 to Km
61.470) in Tamil Nadu

Tamil Chenna For Chennai Bypass 32.600 36

Nadu i Bypass from Km 0.000 to Km
32.600
in the State of Tamil
Nadu

2. Selection of IE/AE shall be as per selection procedures given in the Model Concession
Agreement and general procurement methods followed in NHAI. The selected IE/AE
shall be intimated to the Concessionaire/Contractor.
3. The proposal shall be submitted in English Language and all correspondence would
be in the same language.
4. The Operation & Maintenance of DBFOT 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.

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5. As per the Terms and Conditions of the Concession Agreement(s)/Contract Agreement,

the Independent Engineer/Authority Engineer is broadly required to:
(i) Review of the Drawings and Documents;
(ii) Determine the Project Facilities Completion Schedule;
(iii) Review, inspection and monitoring of Construction Works;
(iv) Conducting Tests on completion of construction and issuing Completion
Certificate;
(v) Review, inspection and monitoring of O&M;
(vi) Review, inspection and monitoring of Divestment Requirements;
(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) Assisting the Parties in resolution of disputes; and
(x) Undertaking all other duties and functions in accordance with
the Concession Agreement/Contract Agreement.
6. The interested consultancy firms may download the RFP from NHAI Website. Key
dates for download /view/submission/opening of bid are as below:

Availability of Bid Documents (last At https://nhai.eproc.in /nhai.org

date & time of sale of Bid up to 20.03.2017, 17:00 IST
documents):
Last date & time of submission of e- Up to 21.03.2017, 11:00 IST
bids (Bid due date):
Last date & time of submission of Up to 21.03.2017, 11:00 IST
Bid document in physical from:
The date & time of opening of bid 21.03.2017, 11:30 IST at Regional Officer,
online: Tamil Nadu & Pudhucherry, Regional
Office, Chennai, SRI Tower, 3rd Floor, DP-
34 (SP), Industrial Estate, Guindy, Chennai
– 600 032
The Consultant who download the RFP document from the portal. Refer Procedure
under e-tendering for submission of RFP through e- website will be required to pay the
non- refundable fee of Rs. 5,000/- at the time of the submission of the Bid proposal.
The RFP will be invited through e-tendering tendering.
7. 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,
organisation, company or their JV, reputed engineering institutions such as
IITs/NITs/Deemed Universities.
8. The proposal should be submitted by consultancy firms in two parts in one
envelope/package duly marked as Technical Proposal. For a given 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

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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.
9. The total time period for the assignment as Independent Engineer/Authority Engineer
will be for 36 months. On expiry or termination of aforesaid period, the Authority
may in its discretion renew the appointment.
10. 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.
11. The Applicant whether a sole applicant or lead member with joint venture may include
an Associate company also. The applicant shall submit a Memorandum of
Understanding (MOU) with the Associate regarding the role and responsibilities of this
Associate Company along with the proposal. Key personnel viz., Team Leader and
Highway Maintenance Engineer shall be deployed necessarily by sole firm or JV
partners. Upto 50% of the remaining key personnel and sub professional staff can be
provided by the associate firm.
12. 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.
(A) Eligibility criteria for sole applicant

Experience of the applicant in completed projects in last

S.No seven years Annual
.Preparation of DPR Project Supervision/IC Turnover*
(NH/SH/Equivalent) (NH/SH/Equivalent)
1. The firm should have The firm should have experience Annual
prepared DPR/ of Project Supervision/IE of turnover
Feasibility cum PPR (a) At least two construction (average of
preparation for two projects of four/six laning** last 5 years or
projects of 4/6 laning of of 30% of project length each in each of the
30% of project length or one construction project of preceding two
each or one project of four/six laning** of 50% of years) of the
4/6 laning of 50% of project length and firm from
project length . consultancy
(b) At least for one O&M project
business
under DBFOT/OMT/O&M
should be
of four/six laning** of 50%
equal to or
of project length (minimum
more than
50 km).
Rs.2.5 Crore.
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* Annual Turnover should be duly certified by statutory body like Chartered

Accountant or Independent Auditors who are competent to do so as recognised
by the State concerned.
(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 12
(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.
** 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 recognised 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.
13. 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

2015-16 1.00
2014-15 1.10
2013-14 1.21
2012-13 1.33
2011-12 1.46
2010-11 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.
14. 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

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their RFP proposal will not be entertained.

15. 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.
16. The two parts of the Proposal (Technical proposal and Financial proposal) must
be submitted on-line with all pages numbered serially, along with an index of
submission as per procedure under e-tendering (copy attached). The technical proposal
is also required to be submitted in a hard bound form exactly as per submission made
online with all pages numbered serially along with an index of submission. (Hard bound
implies binding between two covers through stitching or otherwise whereby it may not
be possible to replace any paper without disturbing the documents). Spiral bound form,
loose form, etc. will be not accepted. The Financial proposal is to be submitted online
only. Submission in any other form shall not be acceptable. In the event, any of the
instructions mentioned herein have not been adhered to, NHAI may reject the Proposal.
17. 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.
18. 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
19. RFP submission must be in the manner specified in the RFP document at the address
given below.

Regional Officer, Tamil Nadu & Pudhucherry

National Highways Authority of India
SRI Tower, 3rd Floor
DP-34 (SP), Industrial Estate, Guindy
Chennai – 600 032
Tel. No. 044 – 2225 2635
Fax No. 044 – 2225 2636
E mail: [email protected]

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SECTION 2.

LETTER OF INVITATION TO CONSULTANT

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/AE to submit a proposal for providing
consulting services required for the assignment named in the attached Letter of
Invitation. Your proposal could form the basis for future negotiations and
ultimately a contract between your firm and the NHAI.
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 and negotiating for the
contract, including a visit 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 and/or the Contractor(s) as Design Consultant
and/or Construction Supervision Consultant is during construction period and
defect liability period of the project or previous Operation & Maintenance
period 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 Those Consultants who were engaged by Ministry/ NHAI for the above project
as Design Consultants for preparation of Detail Project Reports shall not be
permitted to submit proposal for providing the consultancy services as Independent
Consultant for the same project for first Operation & Maintenance period of the
project either individually or in JV with other firms. The restriction herein shall
not apply after a period of 5 (five) years from the completion of their DPR
Consultancy assignment for the project.
1.7 Consultant have an obligation to disclose any situation of actual or potential

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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.
1.8 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:
(a) Defines, for the purpose of this paragraph, the terms set forth below as follows
(i) “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;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in
order to influence a selection process or the execution of a contract;
(iii) “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;
(iv) “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.
(b) 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;
(c) 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
(d) 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.
1.9 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.
1.10 Consultants shall furnish information on commissions and gratuities, if any, paid
or to be paid to agents relating to this proposal and during execution of the
assignment if the Consultant is awarded the Contract, in the Financial Proposal.
1.11 The Data Sheet indicates how long Consultants’ Proposals must remain valid after
the submission date. During this period, Consultants shall maintain the availability
of Professional staff nominated in the Proposal. The Client will make its best effort
to complete negotiations within this period. Should the need arise, however, the
Client may request Consultants to extend the validity period of their proposals.

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Consultants who agree to such extension shall confirm that they maintain the
availability of the Professional staff nominated in the Proposal, or in their
confirmation of extension of validity of the Proposal, Consultants could submit new
staff in replacement, who would be considered in the final evaluation for contract
award. Consultants who do not agree have the right to refuse to extend the validity
of their Proposals.
2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
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 technical proposal only strictly using the formats
enclosed herewith (refer section 3 & 4). Financial proposal should be uploaded on-
line as per the procedure under e-tendering. 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.

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

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firm prior to one year from the month during which this Tender Notice
is issued. Please enclose evidence (e.g: Pay roll, Auditor’s Certificate) in
this regard. 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
(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 Team Leader –cum - Sr. Highway Engineer, Resident Engineer Quality
– cum – Material Expert 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.
(i) A brief description of the firm’s organisation and an outline of
recent experience of the Consultants and, in the case of Joint Venture,
for each partner, on assignments of a similar nature. The information which
you shall provide on each assignment should indicate, inter-alia, the profiles
of the staff provided, duration, contract amount and firm’s involvement. The
details of assignments on hand shall also be furnished.
(ii) Any comments or suggestions on the ToR and a description of
the methodology (work plan) which the firm proposes to execute the
services, illustrated with bar charts of activities.
(iii) The composition of the proposed staff team, the tasks which shall be
assigned to each and their timing;
(iv) Requirement for submission of CVs.
(a) 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.
(b) 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, at any
stage, action including termination and debarment from future NHAI
projects upto 2 years may be taken by NHAI on the personnel and the
Firm.
(c) If same CV is submitted by two or more firms, zero marks shall be given
for such CV.
CVs of Key Personnel having intermittent inputs will be considered only if
the assignments on hand as on 7 days before due date of Proposal including
those for which LOA has been received from the Client or for which

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Consultant has been declared as H-1 do not exceed 3 (three) for Quality Cum
Material Expert and 6 (six) for Road Safety Expert, Pavement Specialist,
Bridge/Structural Engineer traffic & Transportation Expert.
(d) 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 authorised representative of the firm shall sign on each page. If the
firm is selected, then the firm shall submit duly signed CVs at the time
of negotiations.
(e) 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 fulfil
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 fulfil 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 fulfil the minimum qualification)
will have to be replaced by the firm at the time of contract negotiations.
The reduction in remuneration of such replacements will be made as per
Clause 4.5 (c) of the contract for consultancy services.
(v) Deployment Schedule for each key personnel should be formulated and
incorporated in the Technical Proposal which will be reviewed on quarterly
basis.
(vi) 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.
(vii) 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.
(viii) Each key personnel of the preferred Consultant shall be called for interview
at the time of negotiation at the cost of Consultant.
(ix) Replacement of key personnel shall be considered only in unavoidable
circumstances. In no case more than two replacements of key personnel shall
be permitted during negotiation and in such cases Consultant and such key
personnel shall have to submit affidavit to the effect that during the period of
assignment specified in para 8 of Section:1, the replaced key personnel shall

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not be professionally employed anywhere in NHAI works. NHAI shall not

further consider CV of such key personnel directly or indirectly for any of its
projects for this period. 10% reduction in remuneration shall be considered for
each such substitution upto 2 replacements. In case during negotiations, more
than two replacements are sought by the H1 consultant, his proposal shall be
considered as Non-Responsive. In such case the combined score of next five
top firms, meeting the non-conflict condition shall be evaluated to arrive at
new H1. In case when less than five firms are available, the next highest
scoring firm shall be considered as H1.
In case during interaction with the key personnel at the time of negotiation it
is found that the key personnel proposed is un-suitable for the assignment
position, his replacement by equivalent or better shall be provided by the
consultant. The key personnel with such un-suitable CV shall not be
considered in any future bids for that position for two years. No deduction for
such replacement who are not found suitable during interaction shall be made.
In the eventuality that a firm becomes non-responsive, for the third time, due
to the action of replacements of more than 2 key personnel during negotiation,
the firm and its constituent JV partners and Associates shall be debarred upto
two years for NHAI consultancy projects.
(x) 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.
3.5 The technical proposal must not include any financial information.

Financial Proposal
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. Escalation in Local Currency shall be
as per RW-NH-35071/2/2013-S&R(B) dated 26th February, 2014 with escalation @
5% per year (after every 12 months starting from 13th month) will, henceforth, be
provided to cover all items of the Contract interalia including Vehicle hire, office
rent, consumables, furniture etc. 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 item 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)

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3.9 The 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 service tax.
4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS
4.1 PREPARATION & SUBMISSION OF APPLICATIONS:
(i) Detailed RFP may be downloaded from https://nhai.eproc.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://nhai.eproc.in.
(ii) The following shall be the form of various documents in the Application:
(A) Only Electronic Form (to be uploaded on the https://nhai.eproc.in)
(a) Technical proposal as indicated in para ‘B’ below
(b) Financial proposal as per format prescribed in SECTION-5 OF RFP.
(B) Hard copy in Original to be submitted in Sealed Envelop and also in
Electronic form to be uploaded on the https://nhai.eproc.in
(I) Technical Proposal in Hard Bound Form including;
(a) Power of Attorney for signing the Application
(b) If applicable, the Power of Attorney for Lead Member of JV;
(c) Copy of Memorandum of Understanding between JV partners, if
applicable;
(d) Copy of Memorandum of Understanding with Associate, if
applicable.
(e) Firms credentials as per format prescribed in SECTION-3 OF RFP.
(f) Technical proposal as per format prescribed in SECTION-4 OF
RFP.
(II) Receipt of online payment towards cost of RFP of Rs. 5000/- (Rupees Five
thousand only) in favour of National Highways Authority of India; and
(III) Online Receipt of payment of Application processing fee of Rs.
1,295/- (Twelve Hundred Ninety Five Only) inclusive of all taxes in
favour of M/s C1 India Private Limited, New Delhi electronically.
(iii) The Applicant shall submit the original documents specified above in point
no.4.1 (ii) B together with their respective enclosures and seal it in an envelope
and mark the envelope as “Technical Proposal” for the Project for which proposal
is submitted and name and address of the Applicant. The envelope must be
clearly marked “DO NOT OPEN, EXCEPT IN THE PRESENCE OF THE
EVALUATION COMMITTEE”. In addition, the Application due date should
be indicated on the right hand corner of the envelope. The original documents
should be submitted before submission of due date, at the below mentioned

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address in the manner and form as detailed in the RFP. A receipt thereof should
be obtained from the below mentioned person.
ATTN. OF: Shri. B.L.Meena,
DESIGNATION: Regional Officer, Tamil Nadu & Pudhucherry
ADDRESS: National Highways Authority of India,
SRI Tower, 3rd Floor, DP-34 (SP), Industrial Estate,
Guindy, Chennai – 600 032.
Tel. No. 044 – 2225 2635
Fax No. 044 – 2225 2636
E mail: [email protected]
(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://nhai.eproc.in before submission of due date. A hard copy of the document
as specified in point nos. 4.1 (ii) B above only is required to be submitted.
Financial Proposal is to be submitted On-line 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.
(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.
(C) Procurement of Consultants through INFRACON Portal (to be uploaded
on www.infracon.nic.in)
(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 Aadhar & Digilocker
for data validation and purity.
(ii) The Applicant shall ensure that they have uploaded modules stipulated in
MoRTH Circular No.RW-NH-35075/1/2010-S&R(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 the said MoRTH
Circular only is required to be submitted. Financial Proposal is to be
submitted On-line 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.

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(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.
4.3 OPENING AND EVALUATION OF APPLICATIONS:
(i) Opening of Proposals will be done through online for Financial Proposal and
both on-line and manually for Technical Proposal.
(ii) For participating in the tender, the authorized signatory holding Power of
Attorney shall be the Digital Signatory. In case the authorized signatory
holding Power of Attorney and Digital Signatory are not the same, the bid shall
be considered non-responsive.
The Authority shall open Envelope containing Technical Proposal received as
mentioned in point nos. 4.1 (ii) B on due date of submission 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 (ii) A(a) above and
evaluate the Applications in accordance with the provisions set out in the RFP.
(iii) 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 The Evaluation Committee appointed by the NHAI shall carry out its
evaluation applying the evaluation criteria 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.

Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of 5 firms
is finalised, NHAI may notify those consultants whose proposals were not
considered as per conditions of RFP indicating that their Financial Proposal will not
be opened. 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 publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the technical

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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 will
be invited for negotiations.

6. NEGOTIATIONS
6.1 Prior to the expiration period of validity of proposal, the NHAI shall notify
the successful firm ( f i r s t r a n k i n g f i r m ) in writing by registered letter or
facsimile and may either issue LOA if negotiations are not required or may invite
it to negotiate the contract. In case two or more firms offer same lowest financial
bid, the firm achieving the highest Technical score shall be invited first for
negotiations.
6.2 Negotiations normally take one to two days. The aim is to reach agreement on all
points, and initial a draft contract by the conclusion of negotiations.
6.3 Negotiations shall commence with a discussion of your technical proposal,
the proposed methodology (work plan), staffing. Agreement must then be reached
on the 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.
6.4 It is the responsibility of the Consultant, before starting financial negotiations,
to contact the local tax authorities to determine the local tax amount to be paid
by the Consultant under the Contract. The financial negotiations will include a

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clarification (if any) of the firm’s tax liability in the Client’s country, and the
manner in which it will be reflected in the Contract; and will reflect the agreed
technical modifications in the cost of the services.
6.5 Having selected a firm, among other things, on the basis of an evaluation of
proposed key professional staff, the NHAI expects to negotiate, a contract on the
basis of the staff named in the proposal and, prior to contract negotiations, will
require assurance that this staff shall be actually available.
6.6 Replacement of key personnel shall be considered only in unavoidable
circumstances. In no case more than two replacements of key personnel shall be
permitted during negotiation and in such cases Consultant and such key personnel
shall have to submit affidavit to the effect that during the period of assignment
specified in para 8 of Section:1, the replaced key personnel shall not be professionally
employed anywhere in NHAI works. NHAI shall not further consider CV of such key
personnel directly or indirectly for any of its projects for this period. 10% reduction
in remuneration shall be considered for each such substitution upto 2 replacements.
In case during negotiations, more than two replacements are sought by the H1
consultant, his proposal shall be considered as Non-Responsive. In such case the
combined score of next five top firms, meeting the non-conflict condition shall be
evaluated to arrive at new H1. In case when less than five firms are available, the
next highest scoring firm shall be considered as H1.
In case during interaction with the key personnel at the time of negotiation it is found
that the key personnel proposed is un-suitable for the assignment position, his
replacement by equivalent or better shall be provided by the consultant. The key
personnel with such un-suitable CV shall not be considered in any future bids for that
position for two years.
In the eventuality that a firm becomes non-responsive, for the third time, due to the
action of replacements of more than 2 key personnel during negotiation, the firm and
its constituent JV partners and Associates shall be debarred upto two years for NHAI
consultancy projects.
6.7 Each key personnel of the preferred consultant shall be called for interview at the
time of negotiation at the cost of the Consultant. At the time of interview, the key
personnel shall produce the originals of the certificates (Proof of age, Qualifications
and experience from their respective employers) in support of their CVs for
verification and return. The negotiations shall be concluded with a review of the
draft form of Contract. The NHAI and the firm will finalise the contract to conclude
negotiations.
6.8 Each key personnel of the preferred consultant shall be called for interview at the
time of negotiation at the cost of the Consultant. At the time of interview, the key
personnel shall produce the originals of the certificates (Proof of age, Qualifications
and experience from their respective employers) in support of their CVs for
verification and return. The negotiations shall be concluded with a review of the
draft form of Contract. The NHAI and the firm will finalise the contract to conclude
negotiations.

7. AWARD OF CONTRACT

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7.1 After completion of negotiations with the consultants, 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.
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.
The Independent Engineer shall appoint senior most technical director or equivalent
as its authorised 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 authorised 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. Age Limit for the positions of Team
Leader, Pavement Specialist and Quality cum Material Expert is relax able by
5 years i.e. up to 70 years of age at the time of submission of proposal and he can
continue up to 73 years, subject to production of Medical Fitness Certificate.
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 authorised 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

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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 leaves the assignment without approval of NHAI, NHAI would be
at liberty to take any appropriate action against that 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

The successful consulting firm shall have to submit a Bank Guarantee (BG)
for an amount of 2.50% of the Contract Value within 15 days of issue of LOA. The
BG shall be valid for a period of 38 months i.e. upto 2 months beyond the expiry of
the Contract of 36 months. The BG shall be in the format specified in Appendix I
of draft contract form and furnished from a Nationalised 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 500 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
Nationalised Bank in India. In case of JV, the BG shall be furnished on behalf of the
JV and not individually by the members.
11. AUTHORISED SIGNATORIES
The Authority shall require the Independent Engineer to designate and notify to the
Authority and the Concessionaire up to 2 (two) persons employed in its firm to sign
for and on behalf of the Independent Engineer, and any communication or document
required to be signed by the Independent Engineer shall be valid and effective only
if signed by any of the designated persons; provided that the Independent Engineer
may, by notice in writing, substitute any of the designated persons by any of its
employees.

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DATA SHEET
(As mentioned in Letter of Invitation to Consultants)

Sub-clause No. in Letter of Invitation to Consultants

1.3 No Pre-Proposal Conference shall be held.
1.11 The proposal shall be valid for 120 days after the last date of submission.
2.1 Clarification may be requested 7 days prior to last date of submission of bids.
The address for requesting clarification is:
Regional Officer, Tamil Nadu & Pudhucherry
National Highways Authority of India,
SRI Tower, 3rd Floor
DP-34 (SP), Industrial Estate, Guindy
Chennai – 600 032.
Tel. No. 044 – 2225 2635
Fax No. 044 – 2225 2636
E mail: [email protected]

3.1 The Language of documents and correspondence will be English

3.3 All the personnel shall have working knowledge of English and all the
reports etc shall be written in English.
3.7 NHAI shall reimburse only service tax. Consultant has to assess all other
taxes and should in-built them in their financial proposal. These taxes (other
than service tax) should not be provided separately. Consultants are
requested to consult Tax Consultants for details.
3.8 The Consultants to mention cost in INR only.
4.1C The Consultants to ensure that their firms and key personnel should register their
credentials / modules on www.infracon.nic.in as stipulated in MoRTH Circular
No.RW-NH-35075/1/2010-S&R(R) dt.28.10.2015.
5.3 The points assigned to Technical Evaluation criteria are:

S.N Description Marks

1. Relevant experience for the assignment 25
Qualifications and competence of the key staff for the
2. 75
assignment
Total 100
(i) Sub-criteria for relevant experience of the firm for the assignment

Year of Establishment of the Firm (In case of JV year of 2

establishment of LM shall be considered) (Min 5 Years)
Average Annual Turnover (last 5 years) or in each of the 2
preceding two years from consultancy business (Min. 2.5

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crore)
No. of key personnel with the firm 2
Experience in DPR/Feasibility cum PPR preparation for two 5
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
Experience as Independent Engineer/ Supervision consultants 6
two construction projects of four/six laning** of 30% of
project length each or one projects of four/six laning** of 50%
of project length in last 7 years
Experience as Independent Engineer/ Supervision consultants 8
one O&M project under DBFOT/OMT of four/six laning** of
50% of project length (minimum 50 km) in last 7 years.
Employer’s certificate should be submitted substantiating the experience claimed
by the firm.
**Consultants should give details of the experience of the firm
considering the completed and the on-going highway assignments,
separately for PPP and non-PPP Projects along with experience
certificates from clients. This list of the completed works should also
include those assignments which are substantially (90% of Contract
value) completed. No Qualification/Experience etc. shall be considered
without proof of experience.
(iii) Qualification and competence of following professional/sub-professional
staff for the assignment shall be evaluated. The weightage for various key
staff are as under:-

No. of Marks
Sl. Total
Staff Position Professional per
No. Marks
Staff staff
Team Leader cum Sr.
1 Highway Engineer (both for 1 25 25
Package-I & II)

2 Resident Engineer (for

1 10 10
Package-II)
Quality cum Material Expert
3 (one each for both Package- 2 5.5 11
I&II)

4 Pavement Specialist (for

1 7 7
Package-I)

5 Road Safety Expert (one

2 5.5 11
each for both Package-I&II)
Bridge/Structural Engineer
6 (one each for both Package- 2 5.5 11
I&II)
Total 75

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Sub-criteria for qualification of key personnel (i.e. Professional staff)

General qualification 25
Adequacy for the project 70
Employment with firm 5
Total 100
Technical Evaluation Criteria for Team Leader –Cum-Sr.Highway
Engineer
Sl. Description Max. 25
No. points
Name of Person:
Date of Birth:
1. General Qualification 25
Professional Qualification:
(i) Degree in Civil Engineering 20
(ii) Post-Graduation in Highway / 5
Transportation Engineering – (+) 5
2. Adequacy for the Project 70
Experience in PPP Projects 10
(i) 2 Projects or more 10
(ii) 1 Project 8
Experience in Highways Projects of DPR, Construction 35
Supervision/ maintenance supervision / O & M works
(i) 15 years or more 35
(ii) 10 to 15 years 25
(iii) Below 10 years 0
Experience of Highways Projects in similar capacity in O 25
& M works
(i) More than 5 years 25
(ii) 4 to 5 years 20
(iii) 3 to 4 years 15
3. Employment with firm 5
(i) 2 year and above 5
(ii) 1 to less than 2 years 3
Total 100
Score out of 25

Technical Evaluation Criteria for Resident Engineer Cum Highway

Engineer
Sl. Description Max. 10
No. points
Name of Person:
Date of Birth:
1. General Qualification 25
Professional Qualification:
(i) Degree in Civil Engineering 20
(ii) Post-Graduation in Geotechnical / 5
Foundation / soil mechanics (+) 5
2. Adequacy for the Project 70

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Professional experience in Quality / Material aspects of

Highways
(i) 15 years or more 35 35
(ii) 10 to 15 years 25
(iii) Below 10 years 0
3 years experience in similar nature of works in 4/6 25
laning / expressways
(i) 2 Projects or more 25
(ii) 1 Project 15
Experience in PPP Projects 10
(i) 2 Projects or more 10
(ii) 1 Project 8
3. Employment with firm 5
(i) 2 year and above 5
(ii) 1 to less than 2 years 3
Total 100
Score out of 10

Technical Evaluation Criteria for Quality-cum-Material Expert

Sl. Description Max. 11
No. points
(5.5x2)
Name of Person:
Date of Birth:
1. General Qualification 25
Professional Qualification:
(i) Degree in Civil Engineering 20
(ii) Post Graduation in Geotechnical / 5
Foundation / soil mechanics (+) 5
2. Adequacy for the Project 70
Professional experience in Quality / Material aspects of
Highways
(i) 15 years or more 35 35
(ii) 10 to 15 years 25
(iii) Below 10 years 0
3 years experience in similar nature of works in 4/6 25
laning / expressways
(i) 2 Projects or more 25
(ii) 1 Project 15
Experience in PPP Projects 10
(i) 2 Projects or more 10
(ii) 1 Project 8
3. Employment with firm 5
(i) 2 year and above 5
(ii) 1 to less than 2 years 3
Total 100
Score out of 11

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Technical Evaluation Criteria for Pavement Specialist

Sl. Description Max. 7
No. points
Name of Person:
Date of Birth:
1. General Qualification 25
Professional Qualification:
(i) Degree in Civil Engineering 20
(ii) Post Graduation in Highway 5
Engineering / Pavement design (+) 5
2. Adequacy for the Project 70
Professional experience in pavement design / pavement 35
construction / pavement maintenance of highways /
roads / airfield runways
(i) 15 years or more 35
(ii) 10 to 15 years 25
(iii) Below 10 years 0
3 years experience in similar nature of works in 4/6 25
laning / expressways
(i) 2 Projects or more 25
(ii) 1 Project 20
Experience in PPP Projects 10
(i) 2 Projects or more 10
(ii) 1 Project 8
3. Employment with firm 5
(i) 2 year and above 5
(ii) 1 to less than 2 years 3
Total 100
Score out of 7

Technical Evaluation Criteria for Road Safety Expert

Sl. Description Max. 11
No. points
(5.5x2)
Name of Person:
Date of Birth:
1. General Qualification 25
Professional Qualification:
(i) Degree in Civil Engineering 20
(ii) Post Graduation in Traffic / 5
Transportation / Safety Engineering (+)
5
2. Adequacy for the Project 70
Experience in PPP Projects 10
(i) 2 Projects or more 10
(ii) 1 Project 8
Professional experience 25

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(i) 15 years or more 25

(ii) 10 to 15 years 20
(iii) Below 10 years 0
3 years experience in similar nature of works in 4/6 20
laning
(i) 2 Projects or more 20
(ii) 1 Project 10
Experience in Road Safety Audit of 4/6-laning / 10
expressways
(i) 2 Projects or more 10
(ii) 1 Project 8
3. Preparation of road safety management plan for inter 5
urban highways in PPP mode
4. Employment with firm 5
(i) 2 year and above 5
(ii) 1 to less than 2 years 3
Total 100
Score out of 11

Technical Evaluation Criteria for Bridge Structural Engineer

Sl. Description Max. 11
No. points
(5.5x2)
Name of Person:
Date of Birth:
1. General Qualification 25
Professional Qualification:
(i) Degree in Civil Engineering 20
(ii) Post Graduation in Structural Engineering 5
(+) 5
2. Adequacy for the Project 70
Professional experience 30
(i) 15 years or more 30
(ii) 10 to 15 years 20
(iii) Below 10 years 0
3 years experience in construction / construction 20
supervision of bridges / interchanges / any other structures
including rehabilitation
At least one project should involve work of 4/6-laning / 20
expressways or similar projects
(i) 2 Projects or more 20
(ii) 1 Project 15
3. Employment with firm 5
(i) 2 year and above 5
(ii) 1 to less than 2 years 3
Total 100
Score out of 11

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The bidder shall carry out self evaluation based on the criteria mentioned above.
While submitting the self evaluation, the Bidder shall make references to the
documents which have been relied upon as per MoRT&H Circular No.RW-NH-
36066/39/2015-S&R(B) dated 20.08.2015. The technical proposal should score at
least 75 points to be considered responsive for financial evaluation.
5.6 The single currency for price is INR.
5.8 The weightage given to technical proposal is T = 80%.
The weightage given to financial proposal is P = 20%.
7.2 Commencement of Assignment: The firm shall begin carrying out the services
within one month of signing of the Consultancy Agreement.

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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 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 2011-2012, FY 2012-2013, FY 2013-2014, FY
2014-2015 and FY 2015-16)**. 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 *
Consultant Year of Country Type of Organization
establishment Individual Partnership Corporation Other
Individual / Lead
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. **
Sl. Particulars
2015-16 2014-15 2013-14 2012-13 2011-12
No.
1. Annual turnover from
Consulting business
2. Total Assets
3. Current Assets
** a) The amount shall be stated in INR.
b) Balance Sheet/ Auditor Certificate of last 5 years (2011-12, 2012-13,
2013-14, 2014-15 & 2015-16) shall be submitted as evidence of
Annual Turnover”.
c) 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
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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.

F e e received by Applicant
S. Projects Name /

Type of services rendered

received by the firm

Client with complete

C o st o f Highway Project
N o s .a n d F a x Nos . )

Assignment (INR)
Description of Length

H i g h wa y P ro j e ct
%age of total fee
telephone number

Total Fee for the

JV/Association)
N. Year

Consultancy
contact and

(i n case of

A p p r o x.
(Kms)

Period
Sole consultant
/prime consultant
of JV / or sub
consultant
1 2 3 4 5 6 7 8 9 10
A Completed / substantially completed projects
1
2
3
B Projects in progress
1
2
3
(viii) Experience *** in DPR/Feasibility Study of 4/6 laning Highway projects during the last 7
years.
Length

S. Projects Name /
Assignment (INR)

%age of total fee

Total Fee for the
Type of services

complete contact

JV/Association)

received by the
n u m b e r N o s .a n d

N. Year
F e e received by
and telephone

Consultancy
Client with
rendered

(i n case of
F a x No s . )

Applicant
of

Period
firm
Sole consultant
Description

/prime consultant
of JV / or sub
(Kms)

consultant
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.
S. Projects Name /
Description of Length

Assignment (INR)

%age of total fee

Total Fee for the
Type of services

complete contact

JV/Association)

received by the
n u m b e r N o s .a n d

N. Year
F e e received by
and telephone

Consultancy
Client with
rendered

(i n case of
F a x No s . )

Applicant
(Kms)

Period
firm

Sole consultant
/prime consultant
of JV / or sub
consultant
1 2 3 4 5 6 7 8 9

***a) 4/6 lane as applicable for the project for which RFP is invited.

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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
firm Team Members
Date of
S. Name of Date of letter Present status provided by the firm
Client Sole, Lead/ of Acceptance Agreement if of Assignment
No Assignment
Other in JV or signed
sub-consultant Name DOB Position
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

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SECTION 4.

FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL

Appendix B-1 Technical proposal submission form.

Appendix B-2 Firm’s comments and suggestions on the Terms of Reference

and on data, services, and facilities to be provided by the NHAI.

Appendix B-3 Approach paper on methodology and work plan for performing
the assignment.

Appendix B-4 Composition of the Team and Task(s) of each Team member

Appendix B-5 Curriculum vitae of proposed Professional staff.

Appendix B-6 Time schedule for deployment of Professional staff

Appendix B-7 Activity (works) schedule.

Appendix B-8 Affidavit for correctness of CVs of key personnel and experience
claimed by the firm.

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APPENDIX B-1
Technical Proposal Submission Form.

FROM (Name of Firm) To: (Name and Address of Client)

___________________ ____________________________
___________________ ____________________________
___________________ _____________________________

Ladies/Gentlemen:

Subject: Submission of Technical and Financial Proposal for engagement as IE for the
Operation and Maintenance of

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. We certify that all the information provided in our
proposal including enclosures is true and correct and all enclosures accompanying our
proposal are true copies of their respective originals.

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.

If negotiations are held during the period of validity of the Proposal i.e. before _________
we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us
and subject to the modifications resulting from contract negotiations.

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)

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APPENDIX B-2 :

COMMENT AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF

REFERENCE AND ON SERVICES AND FACILITIES TO BE PROVIDED BY THE
NHAI

On the Terms of Reference (not more than one page):

1.

2.

3.

4.

….

On the services and facilities to be provided by the NHAI (not more than one page)

1.

2.

3.

4.

….

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APPENDIX B-3 :

APPROACH PAPER ON METHODOLOGY AND WORK PLAN FOR PERFORMING

THE ASSIGNMENT

(not more than six pages)

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APPENDIX B-4 :

COMPOSITION OF THE TEAM PERSONNEL, AND TASK(S) OF EACH TEAM

MEMBER

1. Technical/Managerial Staff

Sl. No. Name Position Task

1

..
..

2. Support Staff

Sl. No. Name Position Task

1

..

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APPENDIX B-5 :

FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position :
………………………………………………………….……………… Photograph
Name of Firm :........................................................................................
Name of Staff :........................................................................................
Profession :..............................................................................................
Date of Birth :…………………………………………….
Years with Firm/Entity : ........................................... Nationality : ..............................
Membership of Professional Societies :.........................................................................
Detailed Task Assigned : ..............................................................................................
Summary of Qualification & Experience vis-à-vis the requirements as per TOR
S.No Name of Project Period Assignment Client Remark
Employer Post Held Name in the Project of the
Project
From To

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 task
s on
assignment. Describe degree of responsibility held by staff member on relevant pre
vious 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
Requirements Possessed by the Break-up of experience
as per TOR Staff Member Brief Description of Project Man-months
(Enclosure-B) provided

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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 project (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 undertake that I have no objection in uploading/hosting of my credentials by Employer in
pubic domain.
For Key Personnel having intermittent inputs, add the following:

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.
Name of Client Date of Likely start Likely end Total input of
Assignment LOA (Month / (Month / the person
Year) Year) (man-months)

Note :
CVs of Key Personnel having intermittent inputs will be considered only if the assignments
on hand as on 7 days before due date of proposal 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 Quality Cum Material Expert, and 6 (six) for Pavement Specialist, Road safety
expert, Bridge/Structural Engineer Traffic & Transportation Expert HTMS/Toll Expert.

………………………………………………………….. Date (Day/Month/Year)

(Signature of Key Personnel)
Certification by the firm

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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.

………………………………………………………….. Date : ………………

(Day/Month/Year)
[Signature of authorized representative of the Firm]
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.

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APPENDIX B-6:

TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

A. Activity Schedule
Sl. st nd
Month-wise Program (in form of Bar Chart) [1 , 2 , etc. are months from the
No. Name Position
start of assignment]
st nd rd th th th th th th th th th Number
1 2 3 4 5 6 7 8 9 10 11 12
of
and
Months
subseq
u ent
years
1 Subtotal
(1)
2 Subtotal
(2)
3 Subtotal
(3)
4 Subtotal
(4)
- -

- -

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APPENDIX B-7 :

ACTIVITY (WORKS) SCHEDULE

A. Activity Schedule
Month-wise Program (in form of Bar Chart) [1st,
2nd, etc. are months from the start of assignment]
Sl. Item of Activity (Works) 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
No.
1 ................................................
2 ................................................
3 ................................................
4 ................................................
- ................................................
- ................................................

B. Completion and Submission of Reports

S.No Reports : Programme : (Date)

1 Monthly reports
(Design and Construction)
2 Quarterly Reports

3 Various others reports as provided in the Concession

Agreement such as
Completion Report

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APPENDIX B-8:

(To be submitted on non-judicial Stamp Paper)

AFFIDAVIT FOR CORRECTNESS OF CV OF KEY PERSONNEL AND

EXPERIENCE CLAIMED BY THE FIRMS

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.

Managing Director/ Head of the Firm/

Authorised Representative of the firm*

Address:
*Lead Member in case of JV

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SECTION-5
FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL

Appendix C-1 Financial proposal submission form

Appendix C-2 Summary of costs

Appendix C-3 Breakdown of local currency costs

Appendix C-4 Deleted

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APPENDIX C-1

FINANCIAL PROPOSAL SUBMISSION FORM

FROM : (Name of Firm) TO :

The Regional Officer

National Highways Authority of India
Regional Office, Chennai
Tamil Nadu
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 subject to the modifications
resulting from contract negotiations, 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:

Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity

............................... ........................... ……..…………………

............................... ........................... ……………………….

We understand you are not bound to accept any proposal you receive.
We remain,

Yours sincerely,

Managing Director/Head of the firm

/Authorised Representative of the firm*

Name of the firm

Address
*Lead Member in case of JV

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APPENDIX C-2
SUMMARY OF COSTS

No. Description Amount (Rs.)

Local Consultants
I Remuneration for Local Professional Staff

II Supporting Staff

III Transportation

IV Duty Travel to Site

V Office Rent

VI Office Supplies, Utilities and Communication

VII Office Furniture and Equipment

VIII Reports and Document Printing

Total

Consultancy Services Tax Payable in India

Total Costs (Including Tax)

LC* Local Currency

Note:

(i) The remuneration shall include the cost of accommodation and all other
miscellaneous personal expenses as required for carrying out the assignment.
(ii) Payments will be made as per stipulations of the Conditions of Contract.
`

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APPENDIX C-3

BREAKDOWN OF LOCAL CURRENCY COSTS

I. REMUNERATION FOR LOCAL PROFESSIONAL STAFF

No. of
Rate Amount
No. Position Name man-
(Rs) (Rs)
months*

Key Personnel
(Professional Staff)
1. Team Leader cum Sr. 1x36
Highway Engineer (for
both Package-I&II)
2. Resident Engineer (for 1x36
Package-II)
3. Quality cum Material 2x12
Expert (one each for
both Package-I&II)
4. Pavement Specialist(for 1x12
Package-I)
5. Road Safety Expert (one 2x12
each for both Package-
I&II)
6. Bridge/Structural 2x12
Engineer (one each for
both Package-I&II)
Sub – Total 156
Sub-professional
1. Assistant Highway & TBN 2x36
Maintenance Engineer
(one each for both
Package-I&II)
2. Horticulture Expert (one TBN 2x12
each for both Package-
I&II)
3. Assistant Bridge TBN 2x36
Engineer (one each for
both Package-I&II)
4. Assistant QME (one each TBN 2x36
for both Package-I&II)
5. Quantity Surveyor (for TBN 1x36
Package-II)
6. IT Expert (for both TBN 1x36
Package-I & II)
Sub-Total 312
TBN = To Be Named

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*The man-month against each key personnel/sub – professional shall be same as

specified in Enclosure A.

II. Support Staff

S. Staff Billing Amount

Position Name
No. Months Rate ( Rs. ) ( Rs. )

1 Office Manager –cum- TBN 2x36

Accountant (one each for
both Package-I&II)

2 Steno-Cum- Computer TBN 2x36

Operator (one each for
both Package-I&II)

3 Office Boy (Two each for TBN 4x36

both Package-I&II)

4 Night Watchman (Two TBN 4x36

each for both Package-
I&II)

Total: 432

Note :
Billing rates as indicated above shall be increased in accordance with clause
6.2(a) Special Conditions of Contract.

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.)

Qty.
Rate/
S. (No. of
Description of Vehicles Vehicle- Amount
No vehicle-
Month
month)
1. 1. Swift Dezire or equivalent 36
(for Team Leader) (1 No.)

2. Indica/ Mahindra jeep or 180

equivalent (for Highway
Maintenance Engineer and
other key staff). (5 No,
three for package I & two
for package II)
Total 216

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IV. Duty Travel to Site (Fixed Costs): Professional and Sub-Professional Staff

Trips Number of Trips Rate* Amount

Site to NHAI HQ/office New 22
Delhi and back for key
personnel(18 for Package-I
and 4 for Package-II)
Site to NHAI HQ/office New 22
Delhi and back for sub-
professional staff(18 for
Package-I and 4 for Package-
II)
*Rate quoted includes Hotel charges (lodging & boarding), travel cost etc. complete for
one person.

V. Office Rent (Fixed Costs) – Minimum 200 sqm area of office shall be rented.

The office shall be located at Thiruthani on NH-205 for Package-I and at Chennai
for Package-II and the office rent includes electricity and water charges,
maintenance, cleaning, repairs, security etc. complete.

Location of Office No. of Months Rate/month Amount

Thiruthani (TN) 36
Chennai 36

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.

Location of Office No. of Months Rate/month Amount

Thiruthani (TN) 36
Chennai 36

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” colour TFT, Cache – 6MB, RAM
- 2 GB, EHDD – 250 GB, DVD Writer, Key board, optical scroll mouse, MS-
Windows Vista Business, pre loaded anti virus 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.

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Location of Office No. of Months Rate/month Amount

Thiruthani (TN) 36
Chennai 36

VIII. Reports and Document Printing

No. of Total Rate per

No. of
No. Description Copies per Nos. of Copy Amount
Reports
Report copies (Rs.)
Monthly progress
1
reports for 36 6 216
Package-I
Monthly progress
2
reports for 36 6 216
Package-II
Total

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APPENDIX C-4

BREAKDOWN OF FOREIGN CURRENCY COST

DELETED

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SECTION 6:
TERMS OF REFERENCE FOR INDEPENDENT ENGINEER
1. Scope
1.1 These Terms of Reference for Package-I - Independent Engineer (the “TOR”) are
being specified pursuant to the Concession Agreement dated 02.07.2010 (the
“Agreement”), which has been entered into between the Authority and M/s
Transstroy Tirupati Tiruthani Chennai Tollway Pvt. Ltd. (the “Concessionaire”)
for Four Laning of balance work and Operation and Maintenance of Tirupathi –
Tiruthani –Chennai Section of NH-205 from Km.274.800 to Km.338.030 in
the State of Andhra Pradesh and from Km 0.000 to Km 61.470 in the State of
Tamil Nadu on Design, Build Finance, Operate and Transfer (DBFOT) Toll Basis
AND Package-II - For Chennai Bypass from Km 0.000 to Km 32.600 in the State
of Tamil Nadu - (Consultancy Package No. RO Chennai/IE/O&M/2016/Package-
VI) under NHDP Phase-III to be executed as BOT (Toll) under DBFO Pattern and
a copy of which is annexed hereto and marked as Annex-A to form part of this
TOR.
2 Definitions and interpretation
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 Role and functions of the Independent Engineer(IE)
3.1 The role and functions of the Independent Engineer shall include the following:
(i) review of the Drawings and Documents as set forth in Paragraph 4;
(ii) determine the Project Facilities Completion Schedule;
(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;
(v) review, inspection and monitoring of O&M as set forth in Paragraph 6;
(vi) review, inspection and monitoring of Divestment Requirements as set forth
in Paragraph 7;
(vii) determining, as required under the Agreement, the costs of any works or
services and/or their reasonableness;

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(viii) determining, as required under the Agreement, the period or any extension
thereof, for performing any duty or obligation;
(ix) assisting the Parties in resolution of disputes as set forth in Paragraph 9;
and
(x) 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.
3.3 Independent Engineer/Authority Engineer will supervise the work of new
Contractor/Agency appointed by NHAI to execute the balance works and
operation & maintenance at the risk and cost of the existing
Concessionaire/Contractor or case may be “in case of termination of existing
Concessionaire”. The IE will also submit the As-built drawings along with cross
section of the entire project.
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 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

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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 Concessionaire, but before the 20th (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 MoSRTH
(the “Quality Control Manuals”) latest edition 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

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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 14 and certify the reasonableness of such costs for
payment by the Authority to the Concessionaire.

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5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the
Maintenance Manual.

6 Operation & Maintenance

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 The Independent Engineer shall inspect the Project Highway once every month,
preferably after receipt of the monthly status report from the Concessionaire, but
before the 20th (twentieth) day of each month in any case, and make out an O&M
Inspection Report setting forth an overview of the status, quality and safety of
O&M including its conformity with the Maintenance Requirements and Safety
Requirements. In a separate section of the O&M Inspection Report, the
Independent Engineer shall describe in reasonable detail the lapses, defects or
deficiencies observed by it in O&M of the Project Highway. The Independent
Engineer shall send a copy of its O&M Inspection Report to the Authority and the
Concessionaire within 7 (seven) days of the inspection.
6.4 The Independent Engineer may inspect the Project Highway more than once in a
month, if any lapses, defects or deficiencies require such inspections.
6.5 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.
6.6 In respect of any defect or deficiency referred to in Clause-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.
6.7 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.
6.8 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.

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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.
6.9 The Independent Engineer shall monitor and review the curing of defects and
deficiencies by the Concessionaire as set forth in Clause 19.4.
6.10 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.
6.11 The Independent Engineer shall undertake traffic sampling, as and when required
by the Authority, in accordance with good industry practice.

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 under Article 39 in respect of the
defects or deficiencies specified therein. 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. Determination of costs and time

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. Assistance in Dispute resolution

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.

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10 Other duties and functions

The Independent Engineer shall perform all other duties and functions specified in
the Agreement.

11. Miscellaneous
11.1 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.
11.2 A copy of all communications, comments, instructions, Drawings or Documents
sent by Independent Engineer to the Concessionaire pursuant to this TOR, and a
copy of all the test results with comments of the Independent Engineer thereon
shall be furnished by the Independent Engineer to the Authority forthwith.
11.3 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.
11.4 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.
11.5 Upon completion of its assignment hereunder, the Independent Engineer shall
duly classify and list all Drawings, Documents, results of tests and other relevant
records, in booklet form soft cover laminated with cloth containing not more than
200 pages in each booklet and hand them over to the Authority or such other
person as the Authority may specify, and obtain written receipt thereof. Two
scanned copies of the said documents shall also be furnished in External Hard
Disk Drive (EHDD) or in such other medium as may be acceptable to the
Authority.
11.6
The Authority’s Engineer, if called upon by the Authority or the Contractor or
both, shall mediate and assist the Parties in arriving at an amicable settlement of
11.7 any Dispute between the Parties.
The Authority’s Engineer shall inform the Authority and the Contractor of any
event of Contractor’s Default within one week of its occurrence.

12 Determination of costs and time

12.1 The Engineer shall consult each Party in every case of determination of cost and time
in accordance with the provisions of Contract Agreement.

13 Payment Certificates

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13.1 The Contractor shall submit to the Engineer monthly statements of the value of the
work executed less the cumulative amount certified previously support with detailed
measurement of the items of work executed.
13.2 The Engineer shall check the Contractor’s monthly statement within 7 days and
certify the amount to be paid to the Contractor after taking into account any credit or
debit for the month in question.

13.3 The value of work executed shall be determined, based on measurements by the
Engineer.

13.4 The value of work executed shall comprise the value of the quantities of the items in
the Bill of Quantities completed.

13.5 The value of work executed shall also include the valuation of Variations and
Compensation Events.

13.6 The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information to rectify the mistakes with detail justification acceptable to Employer.

13.7 The final bill shall be submitted by the Contractor within one month of the actual date
of completion of the work; otherwise the Engineers certificate of the measurement
and of the total amount payable for work accordingly shall be final and payment made
accordingly within a period of sixty days.

14 Payments

14.1 Payments shall be adjusted for deductions for advance payments, security deposit,
other recoveries in terms of the Contract and taxes at source, as applicable under the
law. The Employer shall pay the Contractor the amounts Engineer had certified within
7 days of the date of each certificate.

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Enclosure-A

MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF INDEPENDENT

ENGINEERS

A: Key Personnel Man-months

1 Team Leader cum Sr. Highway Engineer (both 36
for Package-I & II)
2 Resident Engineer (for Package-II) 36
3 Quality cum Material Expert (one each for both 24
Package-I&II)
4 Pavement Specialist(for Package-I) 12
5 Road Safety Expert(both for Package-I&II) 24
6 Bridge/Structural Engineer(both for Package- 24
I&II)
Total 156
B: Sub Professional Staff

1. Assistant Highway & Maintenance Engineer(one 72

each for both Package-I&II)

2. Horticulture Expert(one each for both Package- 24

I&II)

3. Assistant Bridge Engineer(one each for both 72

Package-I&II)

4. Assistant QME(one each for both Package-I&II) 72

5. Quantity Surveyor(for Package-II) 36

6. IT Expert(Two each for both Package-I&II) 36

Total 312

Note:

1. The key personnel viz., Team Leader and Highway Maintenance Engineer shall be
deployed necessarily by sole firm or JV partners. Upto 50% of the remaining key
personnel and sub professional staff can be provided by the associate firm.
2. 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 commensurating with the roles and
responsibilities of each position.

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Enclosure-B

MINIMUM QUALIFICATION OF
KEY PERSONNEL & SUB PROFESSIONAL STAFF

QUALIFICATION OF KEY PERSONNEL

1. TEAM LEADER CUM SENIOR HIGHWAY ENGINEER

This is the senior most position and the expert engaged as the team leader shall
be responsible for reviewing the entire Project implementation activities
of the Concessionaire. He shall check all the Designs being prepared by the
Concessionaire, ensure execution of works on site as per specification and
standards, and continuously interact with the NHAI and the Concessionaire. He
shall review and suggest modifications to the Maintenance Manual, Annual
Maintenance Programme of the Concessionaire. Review of emergency response
arrangements needs special attention. He shall undertake Project site visits and shall
guide, supervise, coordinate and monitor the work of other experts in his team as
well as those of the Concessionaire. The candidate is required to be a Highway
Engineer, who should have a proven record of supervising, organising and
managing of Project preparation w.r.t construction/maintenance of highway
projects as defined below, financed by international lending agencies and others.

He should have the following qualification / experience.

(i) Essential Qualifications.
(a) Graduate in Civil Engineering from recognized university.
(b) Total Highway Experience of 10 years.
(c) At least 3 years experience as Team Leader/Project Manager or in
similar capacity in O&M and other related activities (like
Maintenance Manual, Maintenance Programmes, Lane Closures,
Traffic Management, etc.) of completed 4/6 lane highway sections.
(ii) Preferential Qualifications.

(a) Post Graduate Degree in Transportation Highway Engineering.

(b) Highway Development Projects taken up under PPP.

Note
(1) Similar Capacity includes the following positions
(i) On behalf of Consultant : Team Leader / Resident Engineer
(Construction Supervision/IE)
(ii) On behalf of Contractor : Project Manager (Construction/
Construction Supervision)

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(iii) In Government Organizations : Superintending Engineer (or

equivalent) and above
(2) Only those projects will be considered for evaluation where the input of the
personnel is 6 months or more.

2. RESIDENT ENGINEER+ROAD SAFETY EXPERT (Full Time)

Duties: He shall be the in-charge of the construction supervision of project
stretch and shall coordinate with all other experts of the construction projects
and shall report to the Team Leader and officers of PIU as per the delegation
established. He shall be directly responsible for regulating the construction
process i.e. various activities like earth work, Sub-base/base courses, bituminous
pavement, bridge/culvert works proposed for being carried out under Stipulated
specifications/manuals etc. For this purpose, he shall be assisted by other
support engineers/personnel. He shall deal directly with the Highway Engineer
and other support staff attached to ensure that the construction process is well
controlled as per established specification controls to avoid later quality control
stage problems. In respect of other experts like Material Engineer, Quantity
Surveyor, etc., he shall be coordinating and regulating their activities to ensure
smooth functioning of the Construction Package concerned. He should have
adequate experience in large quantity of earthwork. He will be required to be
fielded throughout the Currency of the project. The candidate is expected to be
thoroughly familiar with various standards/specifications, contract procedures,
design and quality control etc. In addition he will be responsible for ensuring
road safety during construction and maintenance period of the project,

He should have the following qualification / experience.

(1) Essential Qualifications.

(a) Graduate in Civil Engineering from a recognized University.

(b) Professional Experience of 12 years in supervision of Highway Projects.

(c) Atleast5years experience as Resident Engineer/Project Director/Project

Manager/Superintending Engineer or equivalent/Executive Engineer or
equivalent on similar construction work/Independent Engineering
project.

(d) Shouldhavehandledatleast2 Highway projects of similar nature.

(e) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Transportation/Highway

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Engineering/Structural Engineering/Geotechnical Engineering.

(b) Experience of Construction Supervision on Highway Project on EPC

mode.

3. PAVEMENT SPECIALIST
The expert shall be periodically monitoring the performance of the payment and
ensure life cycle cost effectiveness. He shall also be responsible for ensuring
complete adherence to construction/maintenance standards during Concession
period. Thus, the position requires a pavement specialist with thorough knowledge
and understanding of international ‘best practices’ in the field of Design,
Construction and maintenance of flexible/rigid type of pavements including latest
codal stipulations and specifications. He shall review and suggest modifications to
all pavement performance related aspects in maintenance manual/programme.

He should have the following qualification / experience.

(i) Essential Qualifications.
(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 10 years in Pavement Design / Pavement
Construction / Pavement Maintenance of Highways / Roads / Airfield
Runways
(c) Experience of 3 years on project of similar nature with at least 1 project
involving works of 4-laning/ 6-laning/ Expressways.
(ii) Preferential Qualifications.

(a) Post Graduate Degree in Highway Engineering / Pavement Design

(b) International experience in the field of Design, Construction and
maintenance of flexible/rigid type of pavements.

3. QUALITY-CUM-MATERIAL EXPERT
The Quality/Material Expert shall inter alia review the test results of bore holes,
quarry and borrow area material to find out their strength characteristics and
suitability for using them in construction/maintenance. He shall inspect the
Concessionaire’s field laboratories to ensure that they are adequately equipped and
capable of performing all the specified testing requirements of the contract. He
shall look into the quality assurance aspect of the construction/maintenance works
and supervise the setting-up of the Concessionaire’s pre-casting yards, rock
crushers, bituminous hot mix plants, concrete batching plant, etc. to ensure that the
specified requirements for such equipments are fully met. He will review all
sampling undertaken to determine pavement strength/ characteristics. He shall
review and suggest modifications to all Quality and Material related aspects in the
Maintenance Manual/ Programme.

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He should have the following qualification / experience.

(i) Essential Qualifications.
(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 10 years in Quality/Material aspects of
Highways.
(c) Experience of at least 3 years on projects of similar nature with at least
one project involving works of 4/6 laning/expressways.
(ii) Preferential Qualifications.

(a) Post Graduate Degree in Geotechnical Engineering / Foundation

Engineering / Soil Mechanics.

4. BRIDGE / STRUCTURAL ENGINEER

The Bridge Engineer shall be responsible for supervising the works of existing or
proposed bridges, interchanges and any other structure related to the Project
Highway He shall undertake structure condition survey once in a year and submit
an exclusive report on repair And rehabilitation requirements of bridges/
structures. He shall also inspect the bridge rehabilitation and repair works which
are required to be undertaken by the Concessionaire. He shall review and suggest
modifications to the maintenance manual/ programme relating to his duties.

He should have the following qualification / experience.

(i) Essential Qualifications.
(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 10 years.
(c) 3 years experience in Construction / Construction Supervision of
bridge / interchange / any other Structures including rehabilitation.
(d) At least one project should involve work of 4/6 laning/expressways or
similar project.
(ii) Preferential Qualifications.

(a) Post Graduate Degree in Structural Engineering.

5. ROAD SAFETY EXPERT

The Road Safety Expert shall review all the safety measures taken by the
Concessionaire during the concession period at site. Conformity to the safety
requirement as per detailed contract requirement shall also be checked and
approved. This shall cover all the temporary/permanent structures, handling of
equipments, safety of workers/road users and generating awareness /training of
site staff of concessionaire. He shall also look into the causes of various accidents
and review other insurance coverage taken by the Concessionaire. He shall

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undertake, supervise safety audit/ inspection once in every quarter and furnish a
detailed report. He shall review emergency response arrangement, accident data,
formats, safety provisions in O&M activities etc., as proposed by the
Concessionaire.

He should have the following qualification / experience.

(i) Essential Qualifications.
(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 10 years.
(c) Minimum 3 years experience in Road Safety works of Major Highway
Projects (4 / 6 laning projects)
(d) Experience in Road Safet y Audit of at least one 4/6 lane
highway / expressway project.
(ii) Preferential Qualifications.

(a) Post Graduate Degree in Traffic/Transportation/Safety Engineering.

(b) Preparation of Road Safety Management Plan for inter urban Highways
in PPP mode.

6. HTMS/TOLL EXPERT
The candidate should be a Systems Engineer having experience of at least 10
years. He should be an expert in preparation of standards for systems of toll
collection and HTMS. He should be a graduate in Electronics/Computer Science
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 in establishing HTMS and one in tolling systems.

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QUALIFICATION OF SUB PROFESSIONAL

1. ASSISTANT HIGHWAY MAINTENANCE ENGINEER
The Candidate should be either Graduate in Civil Engineering with 3 years
experience in highways or Diploma in Civil Engineering with 7 years experience
in highways. He should have handled at least highway project of similar nature.

2. ASSISTANT BRIDGE ENGINEER

The candidate should be Graduate in Civil Engineering with 3 years Experience /
Diploma in Civil Engineering with 10 years Experience. He should have handled
at least 1 major bridge project.

3. ASSISTANT QUALITY CUM MATERIAL ENGINEER

The candidate should be Graduate in Civil Engineering with 3 years Experience /
Diploma in Civil Engineering with 5 years Experience. He should have handled
at least 1 road project.

4. 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.
5.
Quantity Surveyor

Duties: He will be reporting to the Resident Engineer in day to day working. He

will also work under the guidance of the Sr. Quantity Surveyor, and shall abide by
the directions/procedures/formats of reporting and approvals settled by the Sr.
Quantity Surveyor. He will act as a contract specialist also for the construction
package, even though the thrust of his responsibilities will be in the areas of
quantity surveying/processing of the invoices etc. He will be responsible for
reporting all measures required to control the project cost and time over-runs. He
will examine the claims of the contractor, variation orders, if any, and will prepare
the progress reports as per the project requirements. For the purpose, he will be
required to get the levels and quantity measurements checked in all items of works
executed in different stages for calculations required for payment purpose. He
will be required throughout the currency of the project.

Qualification and experience: The candidate should be a graduate in Civil

Engineering with relevant experience in the field of estimating, preparation and
processing of the invoices, analysing rates, checking survey details etc. of the
projects. He should have about 5years of relevant professional experience
involving resource planning and scheduling, quantity survey, cost control, contract
management etc. Diploma holders with longer relevant experience of about 8years
could also be considered. He must have worked as Quantity Surveyors for at least

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4 years in any National/State Highway Projects. He should not be more than 60

years of age

5. IT EXPERT
The Candidate should be a holding Bachelor’s Degree in Computer Science /
Computer Engineering OR MCA and should have minimum 5 years of experience
in Database Administration out of which at least 2 years in Toll Management
Systems. Desirable: Thorough knowledge of SQL, PL/SQL, ORACLE10g, SQL-
SERVER 2008, Web Programming. The job profile of the IT expert will involve
managing of ETC/E-payments infrastructure at all toll plazas and daily update and
control room at NHAI HQ on functioning of E-payments and ETC infrastructure.

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SECTION 7
DRAFT FORM OF CONTRACT

Note: This draft Agreement is a generic document and shall be modified

based on particulars of the BOT Project.

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CONTRACT FOR CONSULTANT’S SERVICES

Between

(Name of Client)

And

(Name of Consultant)

Dated:

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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 the 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

2.7.1 Definition …………………………………..

2.7.2 No Breach of Contract ……………………..

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2.7.3 Measures to be taken

2.7.4 Extension of Time

2.7.5 Payments

2.7.6 Consultation

2.8 Suspension ……………………………………

2.9 Termination ………………………………………..

2.9.1 By the Client ………………………………

2.9.2 By the Consultants ………………………..

2.9.3 Cessation of Rights and Obligations ………

2.9.4 Cessation of Services ………………………

2.9.5 Payment upon Termination ………………..

2.9.6 Disputes about Events of Termination …….

3 Obligations of the Consultants ……………………

3.1 General

3.1.1 Standard of Performance …………..

3.1.2 Law Governing Services …………..

3.2 Conflict of Interests ……………………….

3.2.1 Consultants not to Benefit from Commissions,

Discounts, etc. ……..
3.2.2 Procurement Rules of Funding Agencies

3.2.3 Consultants and Affiliates not to engage in

certain activities …………..
3.2.4 Prohibition of Conflicting Activities …

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 ………….

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3.7 Consultant’s 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 ………………..

4.1 General
…………………………………………………
4.2 Description of Personnel …………………………

4.3 Approval of Personnel ……………………………

4.4 Working Hours, Overtime, Leave etc.

4.5 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 …………………………………….

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7.2 Operation of the Contract ……………………..

8 Settlement.................

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 - Deleted

Appendix – E Hours of Work for Key Personnel ……….

Appendix – F Duties of the Client ………………………

Appendix – G Cost Estimate in Foreign Currency –Deleted

Appendix – H Cost Estimates in Local Currency ………..

Appendix – I Form of Performance Bank Guarantee

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 Minutes of Negotiation meeting

Appendix – O Memorandum of Understanding (in case of JV)

Appendix – P Integrity Pact Format

V ANNEXURES..……………………………………………………..

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1. FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the ______ day of the___
___________________________________Month of ________, 20____, between, on the
one hand _____________________ (hereinafter Called the “Client) and, on the other hand,
_____________________ (hereinafter called the “Consultants”).
[Note* : If the Consultants consist of more than one entity, the above should be partially
amended to read as follows:
“…(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of
the following entities, each of which will be jointly severally liable to the Client for all the
Consultants’ obligations under this Contract, namely,_____________________________
and_____________________________ (hereinafter called “Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attached to this Contract
(hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the required
processional skills, and personnel and technical resources, have agreed to provide
the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part
of this Contract:
(a) The General Conditions of Contract (hereinafter called “GC”)
(b) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices :
[Note: If any of these Appendices are not used, the words “Not Used” should
be inserted below next to the title of the Appendix on the sheet attached
hereto carrying the title of that Appendix].
Appendix - A Description of the Services ……………..

Appendix – B Reporting Requirements …………………

Appendix – C Key Personnel and Sub-consultants …….

Appendix – D Medical Certificate – Deleted

Appendix – E Hours of Work for Key Personnel ……….

Appendix – F Duties of the Client ………………………

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Appendix – G Cost Estimate in Foreign Currency –Deleted

Appendix – H Cost Estimates in Local Currency ………..

Appendix – I Form of Performance Bank Guarantee

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 Minutes of Negotiation meeting

Appendix – O Memorandum of Understanding (in case of JV)

Appendix – P Integrity Pact Format

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.
FOR AND ON BEHALF OF
[NAME OF THE CLIENT]
By
(Authorized Representative)

FOR AND ON BEHALF OF

[NAME OF THE CONSULTANTS]
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]

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FOR AND ON BEHALF OF EACH OF THE MEMBERS OF THE CONSULTANTS

[NAME OF THE MEMBER]

By

(Authorized Representative)

[NAME OF THE MEMBER]

By
(Authorized Representative)

etc.

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GENERAL CONDITIONS OF CONTRACT

1. General Provisions
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

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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 required or permitted to be given or made pursuant
to this Contract shall be in writing. Any such notice, request or consent shall be
deemed to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when
sent by registered mail, telegram or facsimile to such Party at the address 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.

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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 service tax on
production of project specific proof of payment of service tax.

2 Commencement, Completion, Modification and Termination of Contract

2.1 Effectiveness 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

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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.

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Contract insofar as such
inability arises from an event of Force Majeure, provided that the Party
affected by such an event has taken all reasonable precautions, due care" and
reasonable alternative measures, all with the objective of carrying out the
terms and conditions of this Contract.

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2.7.3 Measures to be Taken

(a) A Party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party's inability to fulfill its obligations
hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party
of such event as soon as possible, and in any event not later than fourteen
(14) days following the occurrence of such event, providing evidence of
the nature and cause of such event, and shall similarly give notice of the
restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which
such Party was unable to perform such action as a result of Force Majeure.

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
2.9.1 By the Client
The Client may, by not less than thirty (30) days' written notice of termination to
the Consultants (except in the event listed in paragraph (f) below, for which there
shall be a written notice of not less than sixty ( 60) days), such notice to be given
after the occurrence of any of the events specified in paragraphs (a) through (h) of

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this Clause GC 2.9.1, terminate this Contract.

(a) if the Consultants fail to remedy a failure in the performance of their
obligations hereunder, as specified in a notice of suspension pursuant
to Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such
notice of suspension or within such further period as the Client may have
subsequently approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than
one entity, if any of their Members becomes) insolvent or bankrupt or
enter into any agreements with their creditors for relief of debt or take
advantage of any law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result
of arbitration proceedings pursuant to Clause GC 8 hereof;
(d) if the Consultants submit to the Client a statement which has a material
effect on the rights, obligations or interests of the Client and which the
Consultants know to be false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides
to terminate this Contract.
(g) if the consultant, in the judgment of the Client has engaged in corrupt
or fraudulent practices in competing for or in executing the Contract. For
the purpose of this clause:
"corrupt practice" means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the selection
process or in contract execution.
"fraudulent practice" means a misrepresentation of facts in order to
influence a selection process or the execution of a contract to the detriment
of the Borrower, and includes collusive practice among consultants (prior
to or after submission of proposals) designed to establish prices at
artificial non-competitive levels and to deprive the Borrower of the
benefits of free and open competition.
(h) if Concessionaire represents to NHAI that the Consultant is not
discharging his duties in a fair, efficient and diligent manner and if the
dispute remains unresolved, NHAI may terminate this contract.

2.9.2 By the Consultants

The Consultants may, by not less than thirty (30) days' written notice to the
Client, such notice to be given after the occurrence of any of the events
specified in paragraphs (a) through (d) of this Clause GC 2.9.2, terminate this
Contract:

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(a) if the Client fails to pay any money due to the Consultants pursuant
to this Contract and not subject to dispute pursuant to Clause 8 hereof
within forty-five (45) days after receiving written notice from the
Consultants that such payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this
Contract and has not remedied the same within forty-five (45) days (or
such longer period as the Consultants may have subsequently approved
in writing) following the receipt by the Client of the Consultants' notice
specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
or
(d) if the Client fails to comply with any final decision reached as a
result of arbitration pursuant to Clause GC 8 hereof.

2.9.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9
hereof, or upon expiration of this Contract pursuant to Clause GC 2.4 hereof,
all rights and obligations of the Parties hereunder shall cease, except:
(a) such rights and obligations as may have accrued on the date of termination
or expiration;
(b) the obligation of confidentiality set forth in Clause GC 3.3 hereof;
(c) the Consultants' obligation to permit inspection, copying and auditing
of their accounts and records set forth in Clause GC 3.6 hereof; and
(d) any right which a Party may have under the Applicable Law

2.9.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant
to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Consultants shall, immediately
upon dispatch or receipt of such notice, take all necessary steps to bring the
Services to a close in a prompt and orderly manner and shall make every
reasonable effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared by the Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as provided,
respectively, by Clauses GC 3.9 or GC 3.10 hereof.

2.9.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2
hereof, the Client shall make the following payments to the Consultants (after
offsetting against these payments any amount that may be due from the
Consultant to the Client):
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily

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performed prior to the effective date of termination;

(b) reimbursable expenditures pursuant to Clause GC 6 hereof for
expenditures actually incurred prior to the effective date of termination;
and
(c) except in the case of termination pursuant to paragraphs (a) through (d)
of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost incident
to the prompt and orderly termination of the Contract including the cost
of the return travel of the Consultants' personnel and their eligible
dependents.

2.9.6 Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) through (e)
of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may,
within forty-five (45) days after receipt of notice of termination from the other
Party, refer the matter to arbitration pursuant to Clause GC 8 hereof, and this
Contract shall not be terminated on account of such event except in accordance
with the terms of any resulting arbitral award.

3. Obligation of the Consultants

3.1 General
3.1.1 Standard of Performance
The Consultants shall perform the Services and carry out their
obligations hereunder with all due diligence, efficiency and economy, in
accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe and effective equipment,
machinery, materials and methods" The Consultants shall always" act,
in respect of any matter relating to this Contract or to the Services,
as faithful advisers to the Client, and shall at all times support and
safeguard the Client's legitimate interests in any dealings with Sub-
consultants or Third Parties.
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.

3.1.2 Law Governing Services

The Consultants shall perform the Services in accordance with the
Applicable Law and shall take all practicable steps to ensure that
any Sub- consultants and or Associates, as well as the Personnel of
the Consultants and any Sub- consultants and or Associates, comply
with the Applicable Law. The Client shall advise the Consultants
in writing of relevant local customs and the Consultants shall, after such
notifications, respect such customs.

3.2 Conflict of Interest

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3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc

The Remuneration of the Consultants pursuant to Clause GC 6 hereof
shall constitute the Consultants' sole remuneration in connection with
this Contract or the Services and, subject to Clause GC 3.2.2 hereof, the
Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with
activities pursuant to this Contract or to the Services or in the
discharge of their obligations hereunder, and the Consultants shall use
their best efforts to ensure that any Sub- consultants and or Associates,
as well as the Personnel and agents of either of them, similarly shall not
receive any such additional remuneration.

3.2.2 If the Consultants, as part of the Services, have the responsibility of

advising the Client on the procurement of goods, works or services,
the Consultants shall comply with any applicable procurement
guidelines of the Client (NHAI)and or Associates Bank or of the
Association, as the case may be, and other funding agencies and shall at
all times exercise such responsibility in the best interest of the Client. Any
discounts or commissions obtained by the Consultants in the
exercise of such procurement responsibility shall be for the account of
the Client.

3.2.3 Consultants and Affiliates Not to engage in Certain Activities

The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and any entity affiliated with the
Consultants, as well as any Sub- consultant and or Associates and any
entity affiliated with such Sub- consultant and or Associates, shall be
disqualified from providing goods, works or services (other than the
Services and any continuation thereof) for any project resulting from or
closely related to the Services. .

3.2.4 Prohibition of Conflicting Activities

The Consultants shall not engage, and shall cause their Personnel as well
as their Sub- consultants and or Associates and their Personnel not to
engage, either directly or indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional
activities in the Government's country which would conflict
with the activities assigned to them under this Contract; and

(b) after the termination of this Contract, such other activities as

may be specified in the SC.

3.3 Confidentiality
The Consultants, their Sub-consultants and the Personnel of either of them shall
not, either during the term or within two (2) years after the expiration of this
Contract, disclose any proprietary or confidential information relating to
the Project, the Services, this Contract or the Client's business or operations

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without the prior written consent of the Client.

3.4 Liability of the Consultants

Subject to additional provisions, if any, set forth in the SC, the Consultants’
liability under this Contract shall be as provided by the Applicable Law.

3.5 Insurance to be Taken Out by the Consultants

The Consultants (i) shall take out and maintain, and shall cause any Sub-
consultants to take out and maintain, at their ( or the Sub-consultants', as the
case may be) own cost but on terms and conditions approved by the Client,
insurance against the risks, and for the coverage, as shall be specified in the SC,
and (ii) at the Client's request, shall provide evidence to the Client showing that
such insurance has been taken out and maintained and that the current premiums
therefore have been paid.

3.6 Accounting, Inspection and Auditing

The Consultants (i) shall keep accurate and systematic accounts and records in
respect of the Services, hereunder, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify all
relevant time charges and cost, and the bases thereof (including such bases as
may be specifically referred to in the SC); (ii) shall permit the Client or its
designated representative periodically, and up to one year from the expiration or
termination of this Contract, to inspect the same and make copies thereof as well
as to have them audited by auditors appointed by the Client; and (iii) shall permit
the client to inspect the Consultant's accounts and records relating to the
performance of the Consultant and to have them audited by auditors appointed
by the client.

3.7 Consultants' Actions Requiring Client's Prior Approval

The Consultants shall obtain the Client's prior approval in writing before taking
any of the following actions:
(a) appointing such members of the Personnel as are listed in
Appendix-C ("Consultants' Sub-consultants' Key Personnel") merely by
title but not by name;
(b) appointing such members of the Personnel as are listed in
Appendix-C ("Consultants' Sub-consultants' Key Personnel") merely by
title but not by name;
(c) entering into a subcontract for the performance of any part of the
Services, it being understood (i) that the selection of the Sub-consultant
and the terms and conditions of the subcontract shall have been
approved in writing by the Client prior to the execution of the
subcontract, and (ii) that the Consultants shall remain fully liable for the
performance of the Services by the Sub- consultant and its Personnel
pursuant to this Contract; and
(d) any other action that may be specified in the SC

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3.8 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified
in Appendix B hereto, in the form, in the numbers and within the time periods
set forth in the said Appendix.

3.9 Documents Prepared by the Consultants to Be the Property of the Client

All plans, drawings, specifications, designs, reports, other documents and
software prepared by the Consultants for the Client under this Contract shall
become and remain the property of the Client, and the Consultants shall,
not later than upon termination or expiration of this Contract, deliver all such
documents to the Client, together with a detailed inventory thereof. The
Consultants may retain a copy of such documents and software. Restrictions
about the future use of these documents and software, if any, shall be specified
in the SC.

3.10 Equipment and Materials Furnished by the Client

Equipment and materials made available to the Consultants by the Client,
or purchased by the Consultants with funds provided by the Client, shall be the
property of the Client and shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultants shall make available to the Client
an inventory of such equipment and materials and shall dispose of- such
equipment and materials in accordance with the Client's instructions. While in
possession of such equipment and materials, the Consultants, unless otherwise
instructed by the Client in writing, shall insure them at the expense of the Client
in an amount equal to their full replacement value.

4. Consultants' Personnel and Sub-consultants and or Associates

4.1 General
The Consultants shall employ and provide such qualified and experienced
Personnel and Sub-consultants as are required to carry out the Services.

4.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum qualification and estimated
periods of engagement in the carrying out of the Services of each of the
Consultants' Key Personnel are described in Appendix C. If any of the
Key Personnel has already been approved by the clients his/her name is
listed as well.
(b) If required to comply with the provisions of Clause GCC 3.1.1
hereof, adjustments with respect to the estimated periods "of
engagement of Key Personnel set forth in Appendix C may be made by
the Consultants by written notice to the Client, provided (i) that such
adjustments shall not alter the originally estimated period of
engagement of any individual by more than 10% or one week, whichever
is larger, and (ii) that the aggregate of such adjustments shall not cause

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payments under this Contract to exceed the ceilings set forth in Clause
GC 6.1(b) of this Contract. Any other such adjustments shall only be
made with the Client's written approval.
(c) If additional work is required beyond the scope of the Services
specified in Appendix A, the estimated periods of engagement of Key
Personnel set forth in Appendix C may be increased by agreement in
writing between the Client and the Consultants, provided that any such
increase shall not, except as otherwise agreed, cause payments under this
Contract to exceed the ceilings set forth in Clause GC 6.1 (b) of this
Contract.

4.3 Approval of Personnel

The Key Personnel i.e. Professional Staff and Sub-consultants listed by title as
well as by name in Appendix C are hereby approved by the Client. In respect
of other Key Personnel which the Consultants propose ,to use in the carrying
out of the Services, the Consultants shall submit to the client for review and
approval a copy of their biographical data and (in the case of Key personnel to
be used within the country of the Government) a copy of a satisfactory medical
certificate in the form attached hereto as Appendix D. If the Client does not
object in writing (stating the reasons for the objection) within thirty (30)
calendar days from the date of receipt of such biographical data and (if
applicable) such certificate, such Key Personnel shall be deemed to have been
approved by the Client.

4.4 Working Hours, Overtime, Leave, etc.

(a) Working hours and holidays for Key Personnel are set forth in
Appendix E hereto. To account for travel time, foreign Personnel
carrying out Services inside the Government's country shall be deemed
to have commenced (or finished) work in respect of the Services such
number of days before their arrival in (or after their departure from) the
Government's country as is specified in Appendix-E hereto.
(b) The Personnel of all types engaged by Consultant to provide Services
on this Contract shall not be entitled to be paid for overtime nor to take
paid sick leave or vacation leave except as specified in Appendix E
hereto, and except as specified.
In such Appendix, the Consultants' remuneration shall be deemed to
cover these items. All leave to be allowed to the Personnel is included in
the staff-months of service set for in Appendix C. Any taking of leave
by Personnel shall be subject to the prior approval by the Client and the
Consultants shall ensure that absence for leave purposes will not delay the
progress and adequate supervision of the Services.

4.5 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in
the Key Personnel. If, for any reason beyond the reasonable control of
the Consultants, it becomes necessary to replace any of the Personnel,
the Consultants shall forthwith provide as a replacement a person
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of equivalent or better qualifications.

(b) If the Client (i) finds that any of the Personnel has committed
serious misconduct or has been charged with having committed a
criminal action, or (ii) has reasonable cause to be dissatisfied with the
performance of any of the Personnel, then the Consultants shall, at the
Client's written request specifying the grounds therefore, forthwith
provide as a replacement a person with qualifications and experience
acceptable to the Client.
(c) Any of the Personnel provided as a replacement under Clauses (a) and
(b) above, the rate of remuneration applicable to such person as well
as any reimbursable expenditures (including expenditures due to the
number of eligible dependents) the Consultants may wish to claim as
a result of such replacement, shall be subject to the prior written approval
by the Client. Except as the Client may otherwise agree, (i) the Consultants
shall bear all additional travel and other costs arising out of or
incidental to any removal and/or replacement, and (ii) the remuneration
to be paid to any of the Key Personnel provided as a replacement shall be
90% of the remuneration which would have been payable to the Key
Personnel replaced. However, for the reason other than death/extreme
medical ground, (i) for total replacement upto 33% of key personnel,
remuneration shall be reduced by 20% (ii) for total replacement upto
between 33% to 50%, remuneration shall be reduced by 25% and (iii) for
total replacement upto between 50% to 66%, remuneration shall be
reduced by 30%. (iv) For total replacements beyond 66% of the key
personnel the client shall initiate action of higher
penalty/termination/debarment upto 2 years as considered appropriate.
(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 an appropriate period to be decided by NHAI 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.

4.6 Resident Project Manager

If required by the SC, the Consultants shall ensure that at all times during the
Consultants' performance of the Services in the Government's country a
resident project manager, acceptable to the Client, shall take charge of the
performance of such Services.

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5. Obligations of the Client

5.1 Assistance and Exemptions
Unless otherwise specified in the SC, the Client shall use its best efforts to ensure
that the Government shall:
(a) provide the Consultants, Sub-consultants and Personnel with work
permits and such other documents as shall be necessary to enable the
Consultants, Sub- consultants or Personnel to perform the Services;
(b) assist for the Personnel and, if appropriate, their eligible dependents
to be provided promptly with all necessary entry and exit visas,
residence permits, exchange permits and any other documents
required for their stay in Government's country;
(c) facilitate prompt clearance through customs of any property required
for the Services and of the personal effects of the Personnel and
their -eligible dependents;
(d) issue to officials, agents and representatives of the Government all
such instructions as may be necessary or appropriate for the prompt and
effective implementation of the Services;
(e) assist the Consultants and the Personnel and any Sub-consultants
and or Associates employed by the Consultants for the Services
from any requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a
corporate entity according to the Applicable Law;
(f) grant to the Consultants, any Sub-consultants and or Associates and
the Personnel of either of them the privilege, pursuant to the Applicable
Law, of bringing into Government's country reasonable amounts of
foreign currency for the purposes of the Services or for the personal use
of the Personnel and their dependents and of withdrawing any such
amounts as may be earned therein by the Personnel in the execution of
the Services: and
(g) provide to the Consultants, Sub-consultants and or Associates and
Personnel any such other assistance as may be specified in the SC.

5.2 Access to Land

The Client warrants that the Consultants shall have, free of charge, unimpeded
access to all land in the Government's country in respect of which access is
required for the performance of the Services. The Client will be responsible for
any damage to such land or any property thereon resulting from such access
and will indemnify the Consultants and each of the Personnel in respect of
liability for any such damage, unless such damage is caused by the default or
negligence of the Consultants or any Sub-consultant or the Personnel of either of
them.

5.3 Change in the Applicable Law

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If, after the date of this Contract, there is any change in the Applicable Law
with respect to taxes and duties which increases or decreases the cost or
reimbursable expenses incurred by the Consultants in performing the
Services, then the remuneration and reimbursable expenses otherwise payable
to the Consultants under this Contract shall be increased or decreased
accordingly by agreement between the Parties hereto, and corresponding
adjustments shall be made to the ceiling amounts specified in Clause GC 6.1(b).

5.4 Services, Facilities and Property of the Client

The Client shall make available to the Consultants and the Personnel, for the
purposes of the services and free of any charge, the services, facilities and property
described in Appendix-F at the times and in the manner specified in said Appendix
F, provided that if such services, facilities and property shall not be made
available to the Consultants as and when so specified, the Parties shall agree on
(i) any time extension that it may be appropriate to grant to the Consultants for
the performance of the Services, (ii) the manner in which the Consultants shall
procure any such services, facilities and property from other sources, and (iii)
the additional payments, if any, to be made to the Consultants as a result thereof
pursuant to Clause GC 6.l(c) hereinafter.

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

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(a) An estimate of the cost of the Services payable in foreign currency is set
forth in Appendix G. 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 additional payments.

6.2 Remuneration and Reimbursable Expenditure

(a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Client
shall pay to the Consultants (i) remuneration as set forth in Clause GC
6.2(b), and (ii) reimbursable expenditures as set forth in Clause GC
6.2(c). If specified in the SC, said remuneration shall be subject to price
adjustment as specified in the SC.
(b) Remuneration for the Personnel shall be determined on the basis of
time actually spent by such Personnel in the performance of the Services
after the date determined in accordance with Clause GC 2.3 and Clause
SC 2.3 (or such other date as the Parties shall agree in writing) (including
time for necessary travel via the most direct route) at the rates referred
to, and subject to such additional provisions as are set forth, in the SC.
(c) Reimbursable expenditures actually and reasonably incurred by the
Consultants in the performance of the Services, as specified in Clause
SC 6.3(b).

6.3 Currency of Payment

(a) Foreign currency payments shall be made in the currency or
currencies specified as foreign currency or currencies in the SC, and
local currency payments shall be made in the currency of the
Government.
(b) The SC shall specify which items of remuneration and
reimbursable expenditures shall be paid, respectively, in foreign and in
local currency,

6.4 Mode of Billing and Payment

Billing and payments in respect of the Services shall be made as follows:

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(a) The Client shall cause to be paid to the Consultants an interest

bearing advance payment as specified in the SC, and as otherwise set forth
below. The advance payment will be due after provision by the
Consultants to the Client of a bank guarantee by a bank acceptable to
the Client in an amount (or amounts) and in a currency ( or currencies)
specified in the SC, such bank guarantee (I) to remain effective until
the advance payment has been fully set off as provided in the SC, and
(ii) to be in the form set forth in Appendix J hereto or in such other
form as the Client shall have approved in writing.
(b) As soon as practicable and not later than fifteen (15 days) after the end of
each calendar month during the period of the Services, the Consultants
shall submit to the Client, in duplicate, itemized statements,
accompanied by copies of receipted invoices, vouchers and other
appropriate supporting materials, of the amounts payable pursuant to
Clauses GC 6.3 and 6.4 for such month. Separate monthly statements
shall be submitted in respect of amounts payable in foreign currency
and in local currency. Each such separate monthly statement shall
distinguish that portion of the total eligible costs which pertains to
remuneration from that portion which pertains to reimbursable
expenditures.
(c) The Client shall cause the payment of the Consultants periodically as
given in schedule of payment above within sixty (60) days after the
receipt by the Client of bills with supporting documents. Only such
portion of a monthly statement that is not satisfactorily supported may
be withheld from payment. Should any discrepancy be found to exist
between actual payment and costs authorized to be incurred by the
Consultants, the Client may add or subtract the difference from any
subsequent payments. Interest at the rate specified in the SC shall
become payable as from the above due date on any amount due by, but
not paid on. such due date.
(d) The final payment under this Clause shall be made only after the final
report and a final statement, identified as such, shall have been
submitted by the Consultants and approved as satisfactory by the Client.
The Services shall be deemed completed and finally accepted by the
Client and the final report and final statement shall be deemed approved
by the Client as satisfactory ninety (90) calendar days after receipt of the
final report and final statement by the Client unless the Client, within
such ninety (90)-day period, gives written notice to the Consultants
specifying in detail deficiencies in the Services, the final report or final
statement. The Consultants shall thereupon promptly make any necessary
corrections, and upon completion of such corrections, the foregoing
process shall be repeated. Any amount which the Client has paid or caused
to be paid in accordance with this Clause in excess of the amounts
actually payable in accordance with the provisions of this Contract shall
be reimbursed by the Consultants to the Client within thirty, (30)
days after receipt by the Consultants of notice thereof. Any such claim
by the Client for reimbursement must be made within twelve (12) calendar
months after receipt by the Client of a final report and a final statement

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approved by the Client in accordance with the above.

(e) All payments under this Contract shall be made to the account of
the Consultants specified in the SC.

7. Fairness and Good Faith

7.1 Good Faith
The Parties undertake to act in good faith with respect to each other's rights under
this Contract and to adopt all reasonable measures to ensure the realization
of the objectives of this Contract.

7.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for
every contingency which may arise during the life of the Contract, and the
Parties hereby agree that it is their intention that this Contract shall operate
fairly as between them, and without detriment to the interest of either of them,
and that, if during the term of this Contract either Party believes that this
Contract is operating unfairly, the Parties will use their best efforts to agree on
such action as may be necessary to remove the cause or causes of such
unfairness, but no failure to agree on any action pursuant to this Clause shall
give rise to a dispute subject to arbitration in accordance with Clause GC 8
hereof.

8. Settlement of Disputes
8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out
of or in connection with this Contract or the interpretation thereof.

8.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract
which cannot be settled amicably within thirty (30) days after receipt by one
Party of the other Party's request for such amicable settlement may be submitted
by either Party for settlement in accordance with the provisions specified in the
SC.

9. Integrity Pact
9.1 Draft Integrity Pact Format
The Bidder has to execute on plain paper and submit along with Technical
Proposal in compliance to NHAI OM No.13030/09/2008-Vig. Dated 28.01.2013.
Draft Integrity Pact format is as specified in Appendix-P.

10. Latest Amendments on barring of Consultants from participating in the bid

due to non-performance in the past
As per the decision of the Ministry of Road Transport & Highways communicated
vide No.RW-NH-34048/7/2013-S&R(B) dt.01.01.2016, the following terms &

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condition shall form part of RFP;

“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 & EI 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.”

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III. SPECIAL CONDITIONS OF CONTRACT

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:

Client:
Regional Officer, Tamil Nadu & Pudhucherry
National Highways Authority of India
SRI Tower, 3rd Floor
DP-34 (SP), Industrial Estate, Guindy
Chennai – 600 032.
Tel. No. 044 – 2225 2635
Fax No. 044 – 2225 2636
E mail: [email protected]
Attention:

Consultants:

Attention:

Cable address:__________________
Tele-fax:_________________
Facsimile: ________________
[Note: Fill in the Blanks]
1.6.2 Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes, 24 hours following confirmed transmission;
(c) in the case of telegrams, 24 hours following confirmed transmission; and
(d) in the case of facsimiles, 24 hours following confirmed transmission.

1.8 The Member in Charge is:

(Note: If the Consultants consist of a joint venture of more than one entity,
the name of the entity whose address is specified in SC 1.6.1 should be
inserted here. If the Consultants consist of one entity, this Clause 1.8 should
be deleted from the SC)

1.9 The Authorised Representative are:

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For the Client:________________________________

For the Consultant: ____________________________

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 36 months

3.4 Limitation of the Consultants' Liability towards the Client

(a) Except in case of gross negligence or wilful 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

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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.
(b) 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.
(c) 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.

3.5 The risks and the coverage shall be as follows

(a) Third Party motor vehicle liability insurance as required under Motor
Vehicles Act, 1988 in respect of motor vehicles operated in India by the
Consultants or their Personnel or any Sub-consultants or their Personnel
for the period of consultancy.
(b) Third Party liability insurance with a minimum coverage, of Rs. 1.0
million for the period of consultancy.
(c) Professional liability insurance as per 3.4 (a) (ii) of SC of the
consultancy, with a minimum coverage equal to estimated remuneration
and reimbursable.
(d) Employer's liability and workers' compensation insurance in respect of
the Personnel of the Consultants and of any Sub-consultant, in accordance
with the relevant provisions of the Applicable Law, as well as, with respect
to such Personnel, any such life, health, accident, travel or other insurance
as may be appropriate; and
(e) Insurance against loss of or damage to (i) equipment purchased in whole
or in part with funds provided under this Contract, (ii) the Consultants'
property used in the performance of the Services, and (iii) any documents
prepared by the Consultants in the performance of the Services.

3.7(c) The other actions are

"(i) taking any action under a civil works contract designating the
Consultants as "Engineer", for which action, pursuant to such civil
works contract, the written approval of the Client as "Employer" is
required".

3.9 The Consultants shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Client.

4.6 "The person designated as Team Leader cum Sr. Highway Engineer in Appendix
C shall serve in that capacity, as specified in Clause GC 4.6."

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6.1(b) The amount payable in foreign currency or currencies is:_____________________

The ceiling in local currency is:

6.2(a) "Payments for remuneration made in accordance with Clause GC 6:2(a)

in foreign and /or local currency shall be adjusted as follows :
Escalation in Local Currency shall be as per RW-NH-
35071/2/2013-S&R(B) dated 26th February, 2014 with
escalation @ 5% per year (after every 12 months starting
from 13th month) will, henceforth, be provided to cover all
items of the Contract inter-alia including Vehicle hire, office
rent, consumables, furniture etc.
Notwithstanding any other provisions in the agreement in this regard,
this provision will prevail and over ride any other provision to the contrary
in this agreement.
6.2(b) (i) (1) It is understood (i) that the remuneration rates shall cover (A) such
salaries and allowances as the Consultants shall have agreed to pay to the
Personnel as well as factors for social charges and overhead, and (B)
the cost of backstopping by home office staff not included in the
Personnel listed in Appendix C, and (C) the Consultants' fee; (ii) that
bonuses or other means of profit-sharing shall not be allowed as an
element of overhead, and (iii) that any rates specified for persons not
yet appointed shall be provisional and shall be subject to revision, with
the written approval of the Client, once the applicable salaries and
allowances are known.
(2) Remuneration for periods of less than one month shall be calculated on an
hourly basis for actual time spent in the Consultants' home office and
directly attributable to the Services (one hour being equivalent to 1/240th of
a month) and on a calendar-day basis for time spent away from home office
(one day being equivalent to 1/30th of a month).

6.3(b)(i) The reimbursable expenditures in foreign currency shall be the following:

(1) a per diem allowance for each of the Personnel for every day in
which such Personnel shall be absent from his home office and shall
be outside India for the purpose of the Services at the daily rate
specified in Appendix G.
(2) the following transportation costs
(i) the cost of international transportation of the foreign personnel and,
as specified below, eligible dependents of the foreign Personnel,
by the most appropriate means of transport and the most
direct practicable route to and from the Consultants' home office;
in the case of air travel, this shall be by less than first class;
(ii) for any foreign Personnel spending twenty-four (24)
consecutive months or more in. the Government's country,
one extra round trip will be reimbursed for every twenty-four

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(24) months of assignment in India. Such Personnel will be

entitled to such extra round trip only if upon their return to
India, such Personnel are scheduled to serve for the purposes
of the Project for a further period of not less than six (6)
consecutive months;
(iii) the cost of transportation to and from India of eligible
dependents who shall be the spouse and not more than
two (2) unmarried dependent children under eighteen (18)
years of age of those of the foreign Personnel assigned to
resident duty in India for the purpose of the Services for
periods of six (6) consecutive months or longer, provided that
the stay of such dependents in India shall have been for not less
than three (3) consecutive months duration. If the assignment
period for resident staff of the foreign Personnel will be thirty
(30) months or more, one extra economy class air trip for
their eligible dependents for every twenty-four (24) month
assignment will be reimbursed;
(iv) for the air travel of each of the foreign Personnel, and each
eligible dependent, the cost of excess baggage up to twenty (20)
kilograms per person, or the equivalent in cost of unaccompanied
baggage or air freight; and
(v) miscellaneous travel expenses such as the cost of transportation
to and from airports, airport taxes, passport, visas, travel
permits, vaccinations, etc. at a fixed unit price per round trip as
specified in Appendix G .
(3) the cost of communications (other than those arising in India) reasonably
required by the Consultants for the purposes of the Services.
(4) the cost of printing, reproducing and shipping of the documents, reports,
drawings, etc. Specified in Appendices A and B hereof;
(5) the cost of acquisition, shipment and handling of the following equipment,
instruments, materials and supplies required for the Services as per
Appendix-H;
(6) the cost of shipment of personal effects up to as per Appendix-G;
(7) the cost of programming and use of, and communication between, the
computers for the purposes of the Services at the rate set forth in Appendix
G;
(8) the cost of training of the Client's personnel outside India, as specified
in Appendix G;
(9) the cost of laboratory tests on materials, model tests and other technical
services authorized or requested by the Client, as specified in Appendix G;
(10) the foreign currency cost of any subcontract required for the Services and

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approved in writing by the Client;

(11) the cost of items not covered in the foregoing but which may be required
by the Consultants for completion of the Services, subject to the prior
authorization in writing by the Client; and
(12) any such additional payments in foreign currency for properly procured
items as the Parties may have agreed upon pursuant to the provisions of
clause GC6.1(c), [Note: Items that are not applicable should be deleted;
others may be added]

6.3(b) (iii) The reimbursable expenditures in local currency shall be the following :
(1) a per diem allowance at a rate in local currency equivalent to
______________ [Note: Name agreed foreign currency specified in
Clause SC 6.3 (a) per day, for each of the short-term foreign Personnel
(i.e. with less than twelve (12) months consecutive stay in India) for
the first sixty (60) days during which such Personnel shall be in India;
(2) a per diem allowance at a rate in local currency equivalent to _________
_____ [Note: Name agreed foreign currency specified in Clause SC 6.3(a)
per day, for each of the short-term foreign Personnel for each day in
excess of sixty (60) days during which such Personnel shall be in India;
(3) a living allowance for each of the long-term foreign Personnel (twelve
(12) months or longer consecutive stay in India) at the rates specified in
Appendix-H;
(4) the cost of the following locally procured items: local transportation,
office accommodations, camp facilities, camp services, subcontracted
services, soil testing, equipment rentals, supplies, utilities and
communication charges arising in India, all if and to the extent
required for the purpose of the Services, at rates specified in Appendix
H;
(5) the cost of equipment, materials and supplies to be procured locally in
India as specified in Appendix H;
(6) the local currency cost of any subcontract required for the Services
and approved in writing by the Client;
(7) any such additional payments in local currency for properly procured
items as the Parties may have agreed upon pursuant to the provisions
of Clause GC 6.1(c); and
(8) the cost of such further items as may be required by the Consultants for
the purpose of the Services, as agreed in writing by the Client.

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) in the bid shall be made within 60 days
after receipt and verification of advance payment bank guarantee. The
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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.
(2) The bank guarantee shall be in the amount and in the currency of the
foreign and local currency portion of the advance payment
(3) 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 and London Inter Bank
on Landing Rate (LIBOR) plus 1% per annum on foreign currency.

6.4(e) The accounts are:

- For local 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
or an arbitration panel composed of three arbitrators, in accordance with the
following provisions:
(a) Where the Parties agree that the dispute concerns a technical matter,
they may agree to appoint a sole arbitrator or, failing agreement on the
identity of such sole arbitrator or within thirty (30) days after receipt by the
other Party of the proposal of a name for such an appointment by the Party
who initiated the proceedings, either Party may apply to the President,
Indian Roads Congress, New Delhi, for a list of not fewer than five
nominees and, on receipt of such list, the Parties shall alternately strike
names there from, and the last remaining nominee on the list shall be
the sole arbitrator for the matter in dispute. If the last remaining nominee
has not been determined in this manner within sixty (60) days of the
date of the list, the President, Indian Roads Congress, New Delhi, shall
appoint, upon the request of either Party and from such list or otherwise,
a sole arbitrator for the matter in dispute.
(b) Where the Parties do not agree that the dispute concerns a technical matter,
the Client and the Consultants shall each appoint one arbitrator, and
these two arbitrators shall jointly appoint a third arbitrator, who shall
chair the arbitration panel. If the arbitrators named by the Parties do not
succeed in appointing a third arbitrator within thirty (30) days after the
latter of the two arbitrators named by the Parties has been appointed, the
third arbitrator shall, at the request of either Party, be appointed by
Secretary, the Indian Council of Arbitration, New Delhi.
(c) If, in a dispute subject to Clause SC 8.2.1 (b ), one Party fails to appoint
its arbitrator within thirty (30) days after the other Party has appointed

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its arbitrator, the Party which has named an arbitrator may apply to
the Secretary, Indian Council of Arbitration, New Delhi, to appoint a
sole arbitrator for the matter in dispute, and the arbitrator appointed
pursuant to such application shall be the sole arbitrator for that dispute.

8.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with procedures
of the Arbitration & Conciliation Act 1996, of India unless the Consultant
is a foreign national/firm, where arbitration proceedings shall be
conducted in accordance with the rules of procedure for arbitration of the
United Nations Commission on International Trade Law (UNCITRAL) as in
force on the date of this Contract.

8.2.3 Substitute Arbitrators

If for any reason an arbitrator is unable to perform his function, a substitute shall
be appointed in the same manner as the original arbitrator.

8.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a)
through (c) of Clause 8.2.1 hereof shall be an internationally/nationally recognized
legal or technical expert with extensive experience in relation to the matter
in dispute.

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; and
(c) The decision of sole arbitrator or of a majority of the arbitrators ( or of the
third arbitrator if there is no such majority) 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.
(d) Fee structure shall be as indicated below:
Sl. Particulars Maximum amount payable per
No. Arbitrator / per case
1 Arbitrator fee Rs. 15,000/- per day subject to a maximum
4 lakhs
Or
Rs 2.5 lakhs (lump sum) subject to
publishing the award within 12 months.
2 Reading Charges Rs 15,000/-

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3 Secretarial Assistance Rs 20,000/-

and Incidental charges
(telephone,fax, postage
etc.)
5 Charges for Maximum of Rs. 20,000/-
Publishing
/declaration of the
Award
6 Other expenses(as Maximum ceiling
per actuals against bills
subject to the Economy class (by air), First class AC
prescribed ceiling) (by train) and AC car (by road)
Travelling Expenses

1. Rs 15,000/- per day (in metro cities)

Lodging and Boarding
2. Rs 7,000/- per day (in other cities)
3. Rs 3,000/- per day, if any Arbitrator
makes their own arrangements.
7 Local Travel Rs. 1500/- per day
8. Extra charges for days Rs. 3,500/- per day
other 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, Kolkatta, Bengaluru, Ahmedabad,
Jaipur and Hyderabad shall be considered as Metro Cities.
3. The fee and charges shall be payable as per NHAI circular /
guidelines issued from time to time.

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IV. APPENDICES
Appendix A: Description of the Services
[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

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Appendix B: Reporting Requirements

[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

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Appendix C: Key Personnel and Sub-consultants

[List under: C-1 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)

Please refer TOR

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Appendix D :Medical Certificate

DELETED

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Appendix E: Hours of Work for Key Personnel

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 respect of foreign personnel, one day per trip as travel time from and to the country of
the Government shall be allowed.

Please refer TOR

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Appendix F: Duties of the Client

(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

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Appendix G :Estimate in Foreign Currency

DELETED

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Appendix H: Cost Estimates in Local Currency

List hereunder cost estimate in local currency:

(1) Monthly rates for local Personnel (Key Personnel and other Personnel)
(2) Reimbursable/Rental/Fixed expenditures as follows:
(a) Per diem rates for subsistence allowance for foreign short-term
Personnel plus estimated totals.
(b) Living allowances for long-term foreign Personnel, plus estimated totals.
(c) Cost of local transportation.
(d) Cost of other local services, rentals, utilities, etc.

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Appendix I: FORM OF PERFORMANCE SECURITY

(PERFORMAMANCE BANK GUARANTEE)
(Clause-20 of TOR)

To
The Chairman,
National Highways Authority of India,
G-5 & 6, Sector-10,
Dwarka, New Delhi
India
WHEREAS ____________________ (name and address of Consultants)1 [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 Consultants upto 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.
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 38 months i.e. upto 2 months beyond the expiry of
contract of 36 months.
Signature and Seal of the Guarantor ________ In presence of

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Name and Designation ............. 1. (Name, Signature & Occupation)

Name of the Bank ........................
Address .....................................2. (Name & Occupation)
Date ................................
1 Give names of all partners if the Consultants is a Joint Venture.

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 Appendix J: Form of Bank Guarantee for Advance Payments
(Reference Clause 6.4(a) of Contract)

(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 immediatelyon 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

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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 ..............20........ at .......................
WITNESS
........................................... (Signature)
........................................... (Signature)
...........................................(Name)
........................................... (Name)
Official Address Designation (with Bank Stamp)
Attorney as per Power of Attorney
No................... dated ....................
Strike out, whichever is not applicable.
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank
who issues the "Bank Guarantee”.
Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign
commercial Bank acceptable to client for Foreign Consultant with counter guarantee
from Nationalized Bank. Bank guarantee furnished by Foreign consultant shall be
confirmed by any Nationalized Bank in India.

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 Appendix K

Letter of Invitation

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 Appendix L

Letter of Award

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 Appendix M

Minutes of pre-bid meeting

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 Appendix N

Minutes of Negotiation meeting

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 Appendix O
Memorandum of Understanding
between
_____________________
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.
(ii) ______________ (lead partner) shall be the in charge 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
NHAI/Concessionaire 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.
(iv) Subsequently, if the JV is selected to provide the desired consultancy services, a detailed
MOU indicating the specific project inputs and role of each partner/s along with
percentage sharing of cost of services shall be submitted to NHAI (Consultant may submit
the detailed MOU along with percentage sharing of cost at the time of bidding also).
For ................................ (Name of Lead partner)
________________
Managing Director/Head of the Firm Address
For ................................ (Name of JV partner/s)
________________
Managing Director/Head of the Firm Address

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 APPENDIX – P

Integrity Pact Format applicable for works having value between Rs.5 Cr. and 100
Cr.
(To be executed on plain paper and submitted along with Technical Bid/ Tender
documents for tenders having a value between Rs.5 Cr and Rs.100 Cr. to be signed by the
bidder and same signatory competent / authorized to sign the relevant contract on behalf of
NHAI)

NHAI, RO Chennai
Tender No. RO Chennai/IE/O&M/2016/Package-VI
This integrity pact is made on ……….. day of ……….. (month) 2017
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&6, Sector-10, Dwarka, New Delhi, represented by its Regional
Office, Chennai having its office at “Sri Tower”, 3rd Floor, DP-34(SP), Industrial Estate,
Guindy, Chennai 600 032, hereinafter referred to as “The Principal”, which expression
shall unless repugnant to the meaning or contract thereof include its successors and
permitted assigns,
And
M/s ………………………………(name of the firm and its full address) hereinafter
referred to as “ The Bidder/Contractor/Concessionaire/Consultant)” and which expression
shall unless repugnant to the meaning or context thereof include its successors and
permitted assigns.

Preamble
Whereas, the Principal intends to award, under laid down organizational procedures,
contract/s for Package–I - Independent Engineer services during Operation & Maintenance
Period of Four Laning of balance work and Operation and Maintenance of Tirupathi –
Tiruthani –Chennai Section of NH-205 from Km.274.800 to Km.338.030 in the State
of Andhra Pradesh and from Km 0.000 to Km 61.470 in the State of Tamil Nadu on Design,
Build Finance, Operate and Transfer (DBFOT) Toll Basis AND Package-II - For Chennai
Bypass from Km 0.000 to Km 32.600 in the State of Tamil Nadu - (Consultancy Package
No. RO Chennai/IE/O&M/2016/Package-VI)
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

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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 Act witnesseth as under:-

Article-1 Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles;-
(a) No employee of the Principal, personally or through family
members, will in connection with the tender for, or the execution
of a contract, demand, take a promise for or accept, for self or
third person any material or immaterial benefit which the person
is not legally entitled to.
(b) The Principal will, during the tender process treat all Bidder(s)
with equity and reason. The Principal will in particular, before
and during the tender process, provide to all Bidder(s) the same
information and will not provide to any Bidder(s)
confidential/additional information through which the Bidder(s)
could obtain an advantage in relation to the tender process or the
contract execution.
(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 Chief Vigilance Officer and in addition can
initiate disciplinary actions as per its internal laid down Rules/
Regulations.

Article-2 Commitments of the Bidder(s) / Contractor(s) / Concessionaire(s) /

Consultants(s)
The Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultants(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.
(1) The Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultants(s) will
not directly or through any other person or firm, offer, promise or give
to any of the Principal’s employees involved in the tender process or
the execution of the contract or to any third person any material or
other benefit which he/she is not legally entitled to, in order to obtain
in exchange any advantage of any kind whatsoever during the tender
process or during the execution of the contract.
(2) The Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultants(s) will
not enter with other Bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular
to prices, specifications, certifications, subsidiary contracts,

IE TENDER DRAFT FINAL (NH-205) 121

 submission or non-submission or bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
(3) The Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultants(s) will
not commit any offence under the relevant IPC/PC Act and other
Statutory Acts, further the Bidder(s)/
Contractor(s)/Concessionaire(s)/Consultants(s) will not use
improperly for purposes of completion or personal gain, or pass on to
other, any information or document provided by the Principal as part
of the business relationship, regarding plans, technical proposals and
business details including information contained or transmitted
electronically.
(4) The Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultants(s) of
foreign origin shall disclose the name and address of the Agents /
representatives in India, if any.
(5) The Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultants(s) will,
when presenting his bid, disclose any and all payments he has made,
is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract. He shall
also disclose details of services agreed upon for such payments.
(6) The Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultants(s) will
not instigate third persons to commit offences outlines above or be an
accessory such offences.
(7) The Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultants(s) will
not bring any outside influences through any Govt. bodies /quarters
directly or indirectly on the bidding process in furtherance on his bid.

Article-3 Disqualification from tender process and exclusion from future contracts
(1) If the Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultants(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)/Consultants(s) form the tender process.
(2) If the Bidder/ Contractor/Concessionaire/Consultant 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/
Contractor/Concessionaire/Consultant 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/ Contractor
/Concessionaire/Consultant and the amount of the damage. The

IE TENDER DRAFT FINAL (NH-205) 122

 exclusion will be imposed for a minimum of 1 year.
(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.
(6) On occurrence of any/sanctions/disqualification etc. arising out from
violation of integrity pact, 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.

Article-4 Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process
prior to the award according to Article 3, the Principal shall be entitled
to forfeit the Earnest Money Deposit/Bid Security or demand and
recover the damages equivalent to Earnest Money Deposit / Bid
Security apart from any other legal right that may have accrued to the
Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse
to the relevant provisions of the contract related to Termination of
Contract due to Contractor /Concessionaire/Consultant’s Default. In
such case, the Principal shall be entitled to forfeit the Performance
Bank Guarantee of the Contractor / /Concessionaire/Consultant and /
or demand and recover liquidated and all damages as per the
provisions of the Contract/ Concession Agreement against
termination.

Article-5 Previous Transgression

IE TENDER DRAFT FINAL (NH-205) 123

 (1) The Bidder declares that no previous transgressions occurred in the
last 3 years immediately before signing of this Integrity Pact with any
other Company in any country conforming to the anti
corruption/Transparency International (TI) approach or with any other
Public Sector Enterprise/Undertaking in India or any Government
Department in India that could justify his exclusion from the tender
process.
(2) If the Bidder makes incorrect statement on this subject, he can be
disqualified from the tender process or action for his exclusion can be
taken as mentioned under Article-3 above for transgressions of
Article-2 and shall be liable for compensation for damages as per
Article-4 above.

Article-6 Equal treatment of all Bidder(s)/ Contractor(s)/ Concessionaire(s) /

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

Article-7 Criminal charges against violating Bidder(s)/ Contractor(s)/

Concessionaire(s) / Consultants(s)
If the Principal obtains knowledge of conduct of a Bidder/ Contractor
/Concessionaire/Consultants or Subcontractor, or of an employee or a
representative or an associate of a Bidder/ Contractors
/Concessionaires/Consultants or Subcontract, which constitutes corruption,
or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.

Article-8 Pact Duration

This Pact begins when both parties have legally signed it. [In case of EPC i.e.
for projects funded by Principal and consultancy services] It expires for the
Contractor/Consultant 12 months after his Defect Liability Period is over or
12 months after his last payment under the contract whichever is later and for
all other unsuccessful Bidders 6 months after this Contract has been awarded
[In case of BOT projects] It expires for the Concessionaire 24 months after
his concession period is over and for all other unsuccessful Bidders 6 months
after this Contract has been awarded.
If any claim is made/lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it

IE TENDER DRAFT FINAL (NH-205) 124

 is discharged/determined by Chairman of NHAI.

Article-9 Other Provisions

(1) This Pact is subject to Indian Law. Place of performance and
jurisdiction is the Registered Office of the Principal.
(2) Changes and supplements as well termination notices need to be made
in writing.
(3) If the Bidder/ Contractor /Concessionaire/Consultant is a partnership
or a consortium, this pact must be signed by all parties of consortium
members.
(4) Should one or several provisions of this agreement turn out to be
invalid, the remainder of this agreement remains valid. In this case, the
parties will strive to come to an agreement to their original intentions.
(5) Any disputes/differences arising between the parties with regard to
term of this Pact, any action taken by the Principal in accordance with
this Pact or interpretation thereof shall not be subject to any
Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to
any other legal action that may follow in accordance with the
provisions of the extent law in force relating to any civil or criminal
proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first
done mentioned in the presence of following witnesses:-
.........................................(Name) .........................................(Name)
.........................................(Designation) .........................................(Designation)
National Highways Authority of India ........................................ (name of the firm)
‘SRI Tower’, 3rd Floor, DP-34 (SP) Full Address
Industrial Estate, Guindy
Chennai – 600 032
Tel: 044-22252635, Fax: 044-22252636
E-mail: [email protected]
(Office Seal)
Place: ...............................
Date: .................................

Witness-1:
(Name & Address) ............................... (Name & Address) ...............................
................................ ................................
Witness-2:
(Name & Address) ............................... (Name & Address) ...............................
................................ ................................

IE TENDER DRAFT FINAL (NH-205) 125

IE TENDER DRAFT FINAL (NH-205) 126
 PROCEDURE UNDER E-TENDERING
INSTRUCTIONS TO APPLICANTS
(Note: RFP stands modified to the extent required as per these instructions).
DEFINITIONS
(a) C1 India Limited:
A service provider to develop and customize the software and facilitate the process
of e-tendering on application service provider model. (Refer Glossary in the RFQ)

(b) 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://nhai.eproc.in
Words in capital and not defined in this document shall have the same meaning as
in the Request for Qualification (“RFP”).

(1) ACCESSING/PURCHASING OF BID DOCUMENTS:

(i) It is mandatory for all the Applicants to have Class-III digital
signature certificate (with both Signing and Encryption
certificate)(in the name of person who will sign the Application)
from any of the licensed certifying agency (“CA”) [Applicants can
see the list of licensed CAs from the link www.cca.gov.in] to
participate in e-tendering of NHAI. The authorized signatory holding
Power of Attorney shall only be the Digital signatory. In case
authorized signatory holding Power of Attorney and Digital
Signatory are not the same, the bid shall be considered non-
responsive
(ii) To participate in the submission of the Application against the RFP,
it is mandatory for the Applicants to get registered their
firm/Consortium with e-tendering portal https://nhai.eproc.in to have
user ID and password which has to be obtained by submitting an
annual registration charges of INR 2,247/-(inclusive of all taxes to
M/s C1 India Pvt Ltd.) through e-payment gateway. Validity of
online registration is 1 year. Henceforth there will be no need of
physical submission of Demand Draft for the same.
(iii) RFP document can be viewed / downloaded, free of cost till the
time and date given in the RFP.
Following may be noted:
(a) Applications can be submitted only during the validity of
registration with the https://nhai.eproc.in.
(b) The amendments/clarifications to the RFP, if any, will be
posted only on the NHAI website.

IE TENDER DRAFT FINAL (NH-205) 127

 (iv) To participate in bidding, Applicants have to pay a sum of Rs.
5,000/- (Rs. five thousand only) as a cost of the RFP (non-
refundable) to “National Highways Authority of India” through
e-payment gateway. To Participate in bidding, Applicants have also
to pay a sum of and Rs. 1,295/- (One Thousand Two Hundred
Ninety Five Only) inclusive of all taxes towards Tender Processing
fee (Non-Refundable) in favour of “M/s C1 India Pvt Limited”
through e-payment gateway on e-tender portal https://nhai.eproc.in.
Henceforth there will be no physical submission of Demand Draft
for the same.
(v) If the Applicant has already registered with the https://nhai.eproc.in
and validity of registration has not expired, then such Applicant
does not require fresh registration.

(2) PREPARATION AND SUBMISSION OF APPLICATIONS:

(i) Detailed RFP may be downloaded from https://nhai.eproc.in and the
Bid 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://nhai.eproc.in.
(ii) The following shall be the form of various documents in the
Application:

(A) Only Electronic Form (to be uploaded on the

https://nhai.eproc.in) [Refer to Clause 4.1 (preparation and
submission of Application) of the RFP]
(a) Technical proposal as indicated in para ‘B’ below
(b) Financial proposal as per format prescribed in
SECTION-5 OF RFP.
(B) Original (in Envelope) [Refer to Clause 4.1 (preparation
and submission of Application) of the RFP]
(I) Technical Proposal in Hard Bound for including:
(a) Power of Attorney for signing the Application
(b) If applicable, the Power of Attorney for Lead
Member of JV;
(c) Copy of Memorandum of Understanding
between JV partners, if applicable;
(d) Copy of Memorandum of Understanding with
Associate, if applicable
(e) Firms credentials as per format prescribed in
SECTION-3 OF RFP.
(f) Technical proposal as per format as prescribed in
SECTION-4 OF RFP.

IE TENDER DRAFT FINAL (NH-205) 128

 (II) Receipt of online payment towards cost of RFP of Rs.
5,000/- (Rupees Five thousand only) in favour of
National Highways Authority of India;
(III) Online Receipt of payment of Application processing
fee of Rs. 1,295/- (Twelve Hundred Ninety Five Only)
inclusive of all taxes in favour of M/s C1 India Private
Limited, New Delhi electronically.
(IV) Duly executed on plain paper ‘Integrity Pact’ as per
enclosed format [need not to be upload on the
https://nhai.eproc.in in electronic form].
(iii) The Applicant shall submit the original documents specified above
in point no.2 (ii)B together with their respective enclosures and seal
it in an envelope and mark the envelope as “Technical Proposal” for
the Project for which proposal is submitted and name and address of
the Applicant. The envelope must be clearly marked “DO NOT
OPEN, EXCEPT IN THE PRESENCE OF THE
EVALUATION COMMITTEE”. In addition, the Application due
date should be indicated on the right hand corner of the envelope.
The original documents should be submitted before the last date for
submission of bid at the below mentioned address in the manner and
form as detailed in the RFP. A receipt thereof should be obtained
from the below mentioned person.

ATTN.OF: Shri B.L.Meena

DESIGNATION: Regional Officer, Tamil Nadu & Pudhucherry
ADDRESS:
National Highways Authority of India,
SRI Tower, 3rd Floor
DP-34 (SP), Industrial Estate, Guindy
Chennai – 600 032
Tel. No. 044 – 2225 2635
Fax No. 044 – 2225 2636
E mail: [email protected]

(iv) The Applicant shall upload scanned copies of the documents as

specified in point nos. 2 (ii) (A) & (B) above on the
https://nhai.eproc.in before 17:00 hours Indian Standard Time on the
Application due date. No hard copy of the documents as specified in
point nos. 2 (ii) (A) 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

IE TENDER DRAFT FINAL (NH-205) 129

 (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.

(4) OPENING AND EVALUATION OF APPLICATIONS:

(i) Opening of Proposals will be done through online for Financial
Proposal and both on-line and manually for Technical Proposal.
(ii) For participating in the tender, the authorized signatory holding
Power of Attorney shall be the Digital Signatory. In case the
authorized signatory holding Power of Attorney and Digital
Signatory are not the same, the bid shall be considered non-
responsive.
The Authority shall open Envelope containing Technical Proposal
received before the last date for submission of bid as given in RFP
in the presence of the Applicants who choose to attend. This
Authority will subsequently open the Technical Proposal as
mentioned in point no.2 (ii) A(a) above and evaluate the
Applications in accordance with the provisions set out in the RFP.
(iii) The Financial Proposal 2 (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.

DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.

IE TENDER DRAFT FINAL (NH-205) 130

 SECTION-8
SELF EVALUATION SHEET

Package No.RO-Chennai/IE/O&M/2016/Package-VI
Technical Evaluation Criteria for Team Leader
Description Max. Marks Reference
Points Obtained Page
Sl. 25 as per self number
No. evaluation of bid

Name of Firm
Name of Person:
A Date of Birth: Not more
than 70
years
Qualification & Professional Qualification: 25
(i) Degree in Civil Engg. 20
1
(ii) Post Graduation in Highway/Transportation 5
Engineering
B Adequacy for the Project 70
Experience in PPP projects 10
1 (i) 2 Projects or more 10
(ii) One project 8
Experience in Highway Project of DPR, 35
Construction Supervision/ Maintenance
Supervision/O & M works
2 (i) 15 years or more 35
(ii) 10 to less than 15 years 25
(iii) below 10 years 0
Experience in similar Capacity in O & M 25
works
3 (i) More than 5 years 25
(ii) 4- 5 years 20
(iii) 3-4 years 15
Employment with firm 5
(i) 2 year & above 5
4
(ii) 1 to less than 2 Year 3
Total : 100

IE TENDER DRAFT FINAL (NH-205) 131

 Package No.RO-Chennai/IE/O&M/2016/Package-VI
Technical Evaluation Criteria for Quality cum Material Expert
Description Max. 11 Marks Reference
Sl. points Obtained as Page
No. (5.5x2) per self number
evaluation of bid
Name of Firm
Name of Person:
A Date of Birth: Not more
than 70
years
General Qualification Professional 25
Qualification:
1 (i) Degree in Civil Engg. 20
(ii) Post Graduation in Geotechnical / 5
Foundation / soil mechanics
B Adequacy for the Project 70
Adequacy for the Project Professional 35
experience in Quality / Material aspects
of Highways
1 (i) 15 years or more 35
(ii) 10 to less than 15 years 25
(iii) below 10 years 0
3 years Experience in similar nature of 25
works in 4/6 laning/expressways
2
(i) 2 projects or more 25
(ii) 1 project 15
Experience in PPP projects 10
3 (i) 2 Projects or more 10
(ii) One project 8
Employment with firm 5
(i) 2 year & above 5
4
(ii) 1 to less than 2 Year 3

Total : 100

IE TENDER DRAFT FINAL (NH-205) 132

 Package No.RO-Chennai/IE/O&M/2016/Package-VI
Technical Evaluation Criteria for Pavement Specialist
Description Max. Points Marks Reference
Sl. 7 Obtained Page number
No. as per self of bid
evaluation
Name of Firm
Name of Person:
A Date of Birth: Not more
than 70
years
General Qualification Professional 25
Qualification:
1 (i) Degree in Civil Engg. 20
(ii) Post Graduation in Highway 5
Engineering / pavement design
B Adequacy for the Project 70
Adequacy for the Project Professional 35
experience in pavement design /
pavement construction/ pavement
maintenance of
1 Highways/Roads/Airfield runways
(i) 15 years or more 35
(ii) 10 to less than 15 years 25
(iii) below 10 years 0
3 years Experience in similar nature of 25
works in 4/6 laning/expressways
2
(i) 2 projects or more 25
(ii) 1 project 15
Experience in PPP projects 10
3 (i) 2 Projects or more 10
(ii) One project 8
Employment with firm 5
4 (i) 2 year & above 5

(ii) 1 to less than 2 Year 3

Total : 100

IE TENDER DRAFT FINAL (NH-205) 133

 Package No.RO-Chennai/IE/O&M/2016/Package-VI
Technical Evaluation Criteria for Road Safety Expert
Description Max. Marks Reference Page
Sl. 11 Obtained number of bid
No. points as per self
(5.5x2) evaluation
Name of Firm
Name of Person:
Date of Birth: Not
A more
than
70
years
General Qualification Professional 25
Qualification:
1 (i) Degree in Civil Engg. 20
(ii)Post Graduation in Traffic/ Transportation / 5
Safety Engineering
B Adequacy for the Project 70
Professional Experience: 25
(i) 15 years or more 25
1
(ii) 10 to less than 15 years 20
(iii) below 10 years 0
3 years Experience in similar nature of 20
work in 4 laning works
2 (i) 2 projects or more 20
(ii) 1 project 10
Experience in Road Safety Audit of 4/6 10
laning/expressway
3 (i) 2 projects or more 10
(ii) 1 project 8
Experience in PPP projects 10
4 (i) 2 Projects or more 10
(ii) One project 8
Preparation of road safety management plan 5
5 for inter urban highways in PPP mode
Employment with firm 5
(i) 2 year & above 5
6
(ii) 1 to less than 2 Year 3
Total : 100

IE TENDER DRAFT FINAL (NH-205) 134

 Package No.RO-Chennai/IE/O&M/2016/Package-VI
Technical Evaluation Criteria for Bridge /Structural Engineer
Description Max. 11 Marks Reference
Sl. points Obtained Page number
No. (5.5x2) as per self of bid
evaluation
Name of Firm
Name of Person:
A Date of Birth: Not more
than 70
years
General Qualification Professional 25
Qualification:
1 (i) Degree in Civil Engg. 20
(ii) Post Graduation in Structural Engineering 5
B Adequacy for the Project 70
Adequacy for the Project Professional 30
experience
1 (i) 15 years or more 30
(ii) 10 to less than 15 years 20
(iii) below 10 years 0
3 years Experience in Construction / 20
construction supervision of bridges /
2
interchange/any other structures including
rehabilitation
At-least one project should involve work of 20
4/6 laning/expressways or similar projects
3
(i) 2 Projects or more 20
(ii) One project 10
Employment with firm 5
(i) 2 year & above 5
4
(ii) 1 to less than 2 Year 3
Total : 100

IE TENDER DRAFT FINAL (NH-205) 135

 Package No.RO-Chennai/IE/O&M/2016/Package-VI

Technical Evaluation Criteria for Resident Engineer cum Highway Engineer

Description Max. Marks Reference
Sl. Points Obtained as Page number
No. 10 per self of bid
evaluation
Name of Firm
Name of Person:
A Date of Birth: Not
more
than 70
years
General Qualification Professional 25
Qualification:
1
(i) Degree in EC/Computer Engg. 20
(ii) Post Graduation 5
B Adequacy for the Project 70
Adequacy for the Project 35
professional experience as system
engineer
2 i) 15 years or more 35
ii) 10 to less than 15 years 25
iii) Below 10 years 0
Experience in establishing HTMS 25
and tolling system
3
(i) 1 Project or more 25
(ii) Only Tolling system 15
Experience in International latest 10
technology/system in the field of
4 HTMS/tolling of Highways Projects
in similar capacity
Employment with firm 5

5 (i) 2 year & above 5

(ii) 1 to less than 2 Year 3

Total : 100

IE TENDER DRAFT FINAL (NH-205) 136

 Package No.RO-Chennai/IE/O&M/2016/Package-VI
Evaluation Criteria for Relevant experience for the assignment of Company
Sl. Description Max. Name of Firm:
No. Points Marks as Remarks
per Self
Evaluation
1 Year of Establishment of the Firm (In case 2
of JV year of establishment of Lead
Member shall be considered) -Min 5 Years
2 Average Annual Turnover (last 5 years) or 2
in each of the preceding two years from
consultancy business -Min. 2.5 crores.
3 Number of Key Personnel with Firm 2
(Minimum 10 persons-2, Less than 10-0)
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
5 Experience as Independent Engineer/ 6
Supervision consultants two construction
projects of four/six laning** of 30% of
project length each or one projects of
four/six laning** of 50% of project length
in last 7 years
6 Experience as Independent Engineer/ 8
Supervision consultants one O&M project
under DBFOT/OMT of four/six laning** of
50% of project length (minimum 50 km) in
last 7 years.
Relevant experience for the assignment 25

IE TENDER DRAFT FINAL (NH-205) 137