Wsa Rfpbrownfielddbot Ns 08.01.2024
Wsa Rfpbrownfielddbot Ns 08.01.2024
Jan 2024
1. GENERAL
1.1. National Highways Logistics Management Limited (“NHLML”) a 100% owned SPV of
National Authority of India (NHAI), constituted under Companies Act, 1956, (hereinafter
referred to as “Authority/Lessor”) has undertaken the work of development of Wayside
Amenities on National Highways across the country for highway users. As part of this
endeavour, the Authority is undertaking the Development, Operation and Maintenance of
Wayside Amenities on different sections of National Highway on lease basis (the
“Project”) and has decided to carry out the Bidding Process for selection of a Bidder to
whom the Letter of Award (“LOA”) for the Project may be awarded.
1.2 As a part of its endeavour to provide world class infrastructure and related services for the
highway network, the Authority proposed to set up wayside amenities for highway users.
The objective of providing these facilities is to make long distance highway travel safe,
comfortable, and convenient. These facilities are aimed to provide relief and relaxation by
reducing fatigue and stress associated with long distance journeys. The facilities and
amenities will be comparable to global standards. The wayside amenities shall offer the
users of the National Highway an opportunity for recreation as well as serve their needs for
food, fuel, parking etc. It is extremely important that the facilities erected are architecturally
beautiful, aesthetically pleasing, environmentally compliant, functionally efficient and
operationally convenient as well as safe.
1.3 The Authority shall provide to the Lessee with land parcels on “as is where is” basis with
scope of work for the Lessee including but not limited to construction and development of
wayside amenities and operation and maintenance of all facilities in wayside amenity during
lease period. The Lessee is required to prepare structural designs and engineering drawings,
construction methodology, quality assurance procedures and engineering and construction
time schedule using the standard layout plan and façade drawings provided by the Authority
at the time of bidding and/or thereafter which are not included in Bidding Documents but
required for carrying out development to fully operationalize the facility in accordance with
site requirement. In addition, the is required to prepare interior design plan, fixtures and
furnishing, quality assurance procedures, project time schedule and get it validated by the
Authority. The final set of detailed architectural and structural designs, engineering
drawings, construction methodology, quality assurance procedures, and the procurement,
engineering and construction time schedule required for the completion of the Project shall
be submitted to and require approval from the Authority before initiating construction on
the site. The broad prototype design and façade for standardization of various facilities in
the wayside amenities are given in Annexure-C.
1.4 This bid document is to call for bids for Development, Operation and Maintaining of
wayside amenities on sections on national highways on lease basis to a single master
concessionaire.
1.5 The Bidders are hereby invited to submit proof for eligibility and financial proposals for
taking up the work of development, operation and maintaining wayside amenities on land
leased out by the Authority.
1.6 The statements and explanations contained in this RFP are intended to provide a better
understanding to the Bidder about the subject matter of this RFP and should not be construed
or interpreted as limiting in any way or manner the scope of services and obligations of the
Lessee set forth in the Lease Agreement or the Authority’s rights to amend, alter, change,
supplement or clarify the scope of work, the lease to be awarded pursuant to this RFP or the
terms thereof or herein contained. Consequently, any omissions, conflicts or contradictions
in the Bidding Documents including this RFP are to be noted, interpreted and applied
appropriately to give effect to this intent, and no claims on that account shall be entertained
by the Authority.
1.7 The Authority shall receive Bids pursuant to and in accordance with the terms set forth in
this RFP and other documents to be provided by the Authority pursuant to this RFP
(collectively the “Bidding Documents”), and all Bids shall be prepared and submitted in
accordance with such terms on or before the Bid due date specified in Clause 1.10 for
submission of Bids (the “Bid Due Date”). Bids would be evaluated on the basis of the
highest assessed Bid price (the “Bid Price”).
1.8 No physical document shall be accepted unless and until the same is specifically stated so
in the RFP or it is a legal requirement.
i. is allowed to construct and develop, after prior written approval, only those
additional facilities which are deemed permissible at particular wayside
amenity by the Authority as shared in Annexure D;
c) Operation and maintenance of all facilities in the wayside amenity at Demised Land
in accordance with the provisions of this lease agreement;
e) Provision of feedback mechanism at all Wayside Amenities sites to enable all the
users to provide instant feedback at all the facilities through installation of ‘Digital
Public Feedback System’ at entrances of all facilities such as Restaurants, Toilets,
Parking facilities etc. of WSAs. The digital feedback system should have smiley
faces (emoticons) with 3 options (Red signifying Bad, Yellow signifying
Satisfactory, Green signifying Good). These installed feedback systems shall be
linked and direct access to centralized data shall be provided to Authority for real-
time monitoring.
1.10 To obtain first-hand information on the assignment and on the local conditions, the Bidders
are encouraged to pay a visit to the project site before submitting their bid/ proposal. Please
ensure that the Authority, PIU officials are advised of the Bidder’s visit well in advance.
The Bidder must fully familiarise themselves with the local conditions and take them into
account in the preparation of their proposal.
A. GENERAL
2.1 General terms of Bidding
2.1.1 No Bidder shall submit more than one Bid for the same wayside amenities land parcel. A
Bidder bidding individually or as a member of a Joint Venture shall not be entitled to submit
another BID either individually or as a member of a Joint Venture, as the case may be.
2.1.2 An international Bidder bidding individually or as a member of a Joint Venture shall ensure
that Power of Attorney is legalised/apostille by appropriate authority notarised in the
jurisdiction where the Power of Attorney is being issued and requirement of Indian Stamp
Act is duly fulfilled.
I. Any Bidder from a country which shares a land border with India will be eligible to
bid, only if the Bidder is registered with the Competent Authority, specified in
Annexure-I of Order (Public Procurement No. 1) issued by Ministry of Finance,
Department of Expenditure Public Procurement Division vide F. No. 6/18/2019-
PPD, dated 23rd July 2020, which shall form an integral part of RFP and DCA (Copy
enclosed).
II “Bidder” means any person or firm or company, including any member of a
consortium or joint venture (that is an association of several persons or firms or
companies), every artificial juridical person not falling in any of the descriptions of
bidders stated hereinbefore, including any agency branch or office controlled by such
person, participating in a procurement process.
III “Bidder from a country which shares a land border with India” means:
a) An entity incorporated, established or registered in such a country, or
b) A subsidiary of an entity incorporated, established or registered in such
a country; or
c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such country; or
g) A Consortium or joint venture where any member of the consortium or
joint venture falls under any of the above.
a) Cost of preparing the proposal for the contract, including visits to Authority and the
project area, will not be borne by Authority and Authority will in no case be
responsible or liable for any such cost, regardless of the conduct or outcome of the
bidding process;
b) The Authority is not bound to accept any of the proposals submitted and reserves the
right to accept or reject any or all bids without assigning any reason thereof;
2.1.4 For determining the eligibility of Bidder the following shall apply:
a) The Bidder may be a single entity or a group of entities (the “Joint Venture”),
coming together to implement the Project. The Bidder may be a:
i Company registered under the Indian Companies Act, 2013;
ii Partnership Firm registered under the Indian Partnership Act, 1932;
iii Partnership Firm registered under the Limited Liability Partnership Act, 2008;
iv Cooperative Society/Ex-servicemen Society registered under any Cooperative
Societies Act (of any state in India) or under Multi State Cooperative Societies
Act, 2002 (of any state in India) or under Mutually Aided Cooperative
Societies Act (of any state in India);
v Proprietary Firm; or
vi Individual.
b) The Bidder may be a single entity or a group of entities (the “Joint Venture”),
coming together to implement the Project. However, no Bidder applying
individually or as a member of a Joint Venture, as the case may be, can be member
of another Bidder. The term Bidder used herein would apply to both a single entity
and a Joint Venture.
c) Bidder may be a natural person, private entity, or any combination of them with a
formal intent to enter into a Joint Bidding Agreement or under an existing agreement
to form a Joint Venture.
A Certificate on the letterhead of the Bidder shall be required to be submitted by the bidders
certifying the following:
“I have read the clause regarding restriction on procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such
countries; I certify that this bidder is not from a country or, if from such a country, has been
registered with the competent authority as defined in Public Procurement Order no.
F.no.6/18/2019-PPD dated 23 July 2020. I hereby certify that this bidder fulfills all
requirement in this regard and is eligible to be considered.”
It may be noted that in case the above certification is found to be false, this would be a
ground for immediate rejection of Bid/ termination and further legal action in accordance
with law.
a) If the Bidder is an individual, the Bid shall be signed by him above his full typewritten
name and current address
b) If the Bidder is a proprietary firm, the bid shall be signed by the proprietor above his
full typewritten name and the full name of his firm with its current address
c) If the Bidder is a firm in partnership, the bid shall be signed by the Managing Partner or
all the partners of the firm above their full typewritten names and current addresses. A
certified copy of the partnership deed and current address of all the partners of the firm
should accompany the bid.
d) If the Bidder is a limited company or a corporation, the bid shall be signed by a duly
authorized person holding Power of Attorney for signing the bid accompanied by a copy
of the Power of Attorney. The bid should also furnish a copy of Memorandum of
Articles of Association duly attested by not below the rank of Public Notary.
f) Any award of Project pursuant to this RFP shall be subject to the terms of Bidding
Documents.
2.1.8 In case of partnership/proprietorship/Private Limited concern the Lessee may, if it so
desires, with prior permission of the Lessor, convert itself into a Special Purpose Vehicle,
incorporated under the Indian Companies Act 2013 (the “SPV”), to execute the Agreement
and implement the Project. In case the Bidder is a Joint Venture, it shall, in addition to
forming an SPV, comply with the following additional requirements:
i) Number of members in Joint Venture shall not exceed 3 (three) (i.e. One Lead + JV1+
JV2), Bidder may apply either as a sole firm or forming Joint Venture with other
consultants. Formulation of more than one Joint Venture with different partners for
the same work is not allowed and all such proposals involving the firms shall be
treated as non-responsive. If the Bidder submits Bids as sole Bidder and also in Joint
Venture with another bidder, both bids shall be summarily rejected. No Bidder shall
submit more than one bid for single site.
ii) subject to the provisions of clause (i) above, the Bid should contain the information
required for each member of the Joint Venture;
iii) members of the Joint Venture shall nominate one member as the lead member (the
“Lead Member”), who shall have a majority equity share holding of at least 26%
(twenty six per cent) of the paid up and subscribed equity of the SPV. The
nomination(s) shall be supported by a Power of Attorney, as per the format at
Appendix-III, signed by all the other members of the Joint Venture;
iv) the Bid should include a brief description of the roles and responsibilities of individual
members, particularly with reference to financial, technical and O&M obligations;
v) an individual Bidder cannot at the same time be member of a Joint Venture applying
for same site of the Project. Further, a member of a particular Bidder Joint Venture
cannot be member of any other Bidder Joint Venture applying for same site of the
Project;
vi) members of the Joint Venture shall enter into a binding Joint Bidding Agreement,
substantially in the form specified at Appendix-VI (the “Jt. Bidding Agreement”),
for the purpose of submitting a Bid. The Jt. Bidding Agreement, to be submitted along
with the Bidder, shall, inter alia:
(i) convey the intent to form an SPV, solely for the purpose of domiciling the Project
and no other purpose, with shareholding/ ownership equity commitment(s) in
accordance with this RFP, which would enter into the Lease Agreement and
subsequently perform all the obligations of the Lessee in terms of the Lease
Agreement, in case the Lease to undertake the Project is awarded to the Joint
Venture;
(ii) clearly outline the proposed roles and responsibilities, if any, of each member;
(iii) commit the minimum equity stake to be held by each member;
(iv) commit that each of the members, whose experience will be evaluated for the
purposes of this RFP, shall subscribe to 26% (twenty six per cent) or more of the
paid up and subscribed equity of the SPV and the lead member shall hold majority
share; each such member shall, for a period of 2 (two) years from the date of
commercial operation of the Project, hold equity share capital of not less than26%
(twenty six per cent) of the subscribed and paid up equity share capital of the
SPV;
(v) members of the Joint Venture undertake that they shall collectively hold at least
51% (fifty-one per cent) of the subscribed and paid up equity of the SPV at all
times during the Lease Agreement of the Project; and
(vi) include a statement to the effect that all members of the Joint Venture shall be
liable jointly and severally for all obligations of the Lessee in relation to the
Project until the entire term of the Project is completed in accordance with the
Lease Agreement; and
vii) except as provided under this RFP and the Bidding Documents, there shall not be any
amendment to the Joint Bidding Agreement without the prior written consent of the
Authority.
viii) Bid Security as required can be furnished by any partner but it should be in the name
of the Joint Venture.
ix) Bank Guarantee(s), as required, will be furnished by all partners, out of their accounts,
in proportion to their participation in the Joint Venture
2.1.9 Any effort on the part of the Bidder or his agent to influence any decision in the evaluation,
comparison of the Proposals and in the award of the Contract would result in rejection of
his Bid. Canvassing of any kind is prohibited.
b) has record of poor performance such as abandoning work, not properly completing the
contract, or financial failures/weaknesses, etc.
A Bidder is required to submit, along with its Technical Bid, a self-certification that the item
offered meets the local content requirement for ‘Class-I Local Supplier’/ ‘Class-II Local
Supplier’, as the case may be. The self-certification (in the form as attached herewith in
Annexure - VI) shall also have details of the location(s) at which the local value addition
is made. In case, bidder has not submitted the aforesaid certification the bidder will be
treated as ‘Non-Local Supplier’. In the above pretext, the Class-I Local Supplier, Class-II
Local Supplier and Non-Local Supplier are defined as under:
(i) ‘Class-I Local Supplier’ means a supplier or service provider, whose goods, services
or works offered for procurement, meets the minimum local content as prescribed for
‘Class-I Local Supplier’ under this RFP. The ‘Local Content’ requirement to
categorize a supplier as ‘Class-I Local Supplier’ is 50%
(ii) ‘Class-II Local Supplier’ means a supplier or service provider, whose goods, services
or works offered for procurement, meets the minimum local content as prescribed for
‘Class-II Local Supplier’ under this RFP. The ‘Local Content’ requirement to
categorize a supplier as ‘Class-II Local Supplier’ is 20%
(iii) ‘Non-Local Supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content less than that prescribed for ‘Class-
II Local Supplier’ under this RFP.
(iv) ‘Local content’ means the amount of value added in India which shall be the total
value of item procured (excluding net domestic indirect taxes) minus the value of
imported content in the items (including all customs duties) as a proportion of the total
value, in percent.
(v) In case of procurement for a value in excess of Rs. 10 crores, the ‘Class -I local
Supplier / ‘Class-II Local Supplier shall provide a certificate from the statutory auditor
or cost auditor of the company (in case of companies) or from a practicing cost
accountant or practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content.
2.1.11 The Bidder, including an individual or any of its Joint Venture member or Members of its Joint
Venture, should not be a non-performing party on the bid submission date. The Bidder,
including any of Joint Venture Member/ Members of its Joint Venture, shall be deemed to be
a nonperforming party, if it attracts any or more of the following conditions in any of its
ongoing or completed project:
(i) Fails to set up institutional mechanism and procedure as per contract.
(ii) Fails to mobilize key construction equipment within a period of 4 months from the
appointed date
(iii) Damages/penalties recommended by Independent/Authority’s Engineer during O&M
period and remedial works are still not taken up;
(iv) Fails to complete punch list items even after lapse of time for completion of such items
excluding delays attributable to the Authority;
(v) Fails to make lease rent payments excluding the current instalment in one or more
projects;
(vi) Fails to submit the performance security within the permissible time period in more
than one project;
(vii) Rated as an unsatisfactory performing entity/nonperforming entity by an independent
third-party agency and so notified on the website of the Authority;
(viii) Fails to start the works or causes delay in maintenance & repair of the project.
The Bidder, including individual or each member of Joint Venture or Members of its Joint
Venture, shall give the list of the projects of Wayside Amenities of Ministry of Road Transport
& Highways or its implementing agencies (NHAI/NHIDCL/NHLML/State PWDs) and the
status of above issues in each project as on bid submission date and undertake that they do not
attract any of the above categories (Ref. Sr. No.6, Annex-I of Appendix-IA).
The Bidder including individual or any of its Joint Venture Member or Members of its Joint
Venture may provide:
(i) Details of all their on-going projects along with updated status of litigation, if so,
against the Authority/Governments; and
(ii) Details of updated on-going process of blacklisting if so, under any contract with
Authority/ Government;
The Authority reserves the right to reject an otherwise eligible Bidder on the basis of the
information provided under this Clause 2.1.10. The decision of the Authority in this case shall
be final.
Upon declaration as non-performing party as above, the Lessee will not be able to participate
in any bid for Wayside Amenities projects with the Authority or its executing agencies till
such time the debarment persists or the Lessee is removed from the list of non-performer.
In bidding for a particular project, bids from only such firms should be considered for
placement of contract, which are neither debarred on the date of opening of tender nor
debarred on the date of issue of Letter of Acceptance (LoA), by the selectedBidder.
Contracts concluded before the issue of the debarment/declaration as non-performer shall,
not be affected by the debarment order(s) issued subsequently.
In case, any debarred/declared non-performer firm submits the bid, the same will be ignored.
In case such firm is Highest Bidder (H-1), next highest firm shall be considered as H-1. Bid
security submitted by such debarred/declared non-performer firms shall be returned to the
Bidder.
2.2 DOCUMENTS:
Clarification of Bidding Documents:
a) A prospective bidder requiring any clarification of the Bidding Documents must notify
the Authority, in writing, not later than fifteen days before the last date of submission of
the Bid/proposal.
b) A pre-bid meeting will be held on 24.01.2024 at 1100 Hrs IST. The Bidder or his
authorised representative is invited to attend this meeting.
c) The purpose of the meeting will be to clarify issues and to respond to queries on any
matter that may be raised at that stage.
f) Any modifications of the Bidding Documents, which may become necessary as a result
of the pre-bid meeting shall be made by the Authority exclusively through the issue of
an Addendum and not through pre-bid response.
g) Non-attendance at the pre-bid meeting will not be a cause for disqualification of any
bidder.
h) At any time before the submission of proposals, the Authority may, for any reason,
whether at its own initiative or in response to a clarification requested by an invited firm,
modify the Bidding Documents by amendment. The amendment will be notified through
etender-portal for this tender and will be binding on all bidders. The Authority may at
its discretion extend the deadline for the submission of proposals
a) Proof of Online payment towards the cost of Bid document of Rs. 20,000/ + 18% GST
totalling an amount of Rs. 23,600 - (Rupees twenty thousand only + Rs. Three thousand
six hundred rupees only for GST (i.e. 18%*20,000)), through SFMS Gateway to the
Authority.
b) Technical proposal as per Appendix – I to be submitted in electronic form on etender-
portal
The proposal i.e. the relevant documents, forms, bank guarantees, Power of Attorney etc.
should be submitted only online, and bids shall NOT be submitted in physical form. Bid
through any other mode shall not be entertained. The proposal must be made in English
language.
*Note: Bid Due Date may be extended by the Authority as and when required with intimation on
etender-portal.
2.3.2 The following, which are more appropriately described in the enclosed lease agreement, are
also to be considered in the preparation of financial proposal.
a) Area of land for lease is as per the list of land parcel as specified in Schedule-I.
b) The Lessee agrees to pay to the Authority from the year commencing from the date of
construction of the facility (10 months from the Appointed Date i.e the date on which
Demised Land shall be Handover to Lessee by the Lessor, in accordance with the
provisions of the Lease Agreement): a recurring annual lease rent as quoted in
Annexure-II, paid monthly, i.e., 1/12th of the annual lease rent, fixed for the first year,
shall be paid by the 5th of every calendar month in the first year. Subsequently, 1/12th
of the annual lease rent of the subsequent years, escalated as per the Clause 2.3.2 (c),
shall be paid by the 5th of every calendar month, till the end of lease period
c) For revision of above recurring annual lease rent after every 12 (twelve) months
thereafter, the Lessor shall calculate the lease rent by multiplying the initial lease rent
as quoted in Annexure-II with the Price Index Multiple computed by expressing the
Reference Index Date immediately preceding the beginning of the next 12 (twelve)
months as a multiple of Reference Index Date immediately preceding the date 10 months
after the Appointed Date.
d) Interest rate for all delayed payments including annual lease rent is 18% per annum
(simple interest). The Authority shall grant the Lessee pre-approved access provision to
the Demised Land before the commencement of the construction work. No further
approval shall be required from the Authority prior to commencement of construction
work unless stated otherwise
e) The Lessee shall start the construction work on the Demised Land within a period of 8
weeks of the Appointed Date. In case it is delayed, an additional charge by way of
penalty of 2% of the annual lease amount per week will be levied for the next 16 weeks
or part thereof and the lease terminated, if construction is not started within 24 weeks
from the Appointed Date. Upon such an event the Authority shall be entitled to forfeit
the Performance Guarantee and terminate this Lease Agreement.
f) The Lessee shall complete the construction work on the Demised Land within a period
of 10 months of the Appointed Date. In case it is delayed, an additional charge by way
of penalty of 2% of the annual lease amount per calendar week will be levied for the
next 8 calendar weeks or part thereof. The same shall be increased by an additional 2%
for every calendar week of default thereafter. Suitable extension shall be granted by the
lessor only in case of encroachment and court case on the land parcel and affecting the
development work or operationalization of the facility.
1
Refer to Annexure - VII
h) The Lessee reserves the first right of refusal for extending the lease agreement for
another 30 (thirty) years on the mutually agreed terms as may be asked for in writing, at
least six months prior to conclusion of initial lease period.
i) The Lessee’s first right of refusal mentioned above for a further period of 30 (thirty)
years shall, however, be subject to the following:
i The Lessee shall participate in the re-bid of the site after the initial lease period
ends (i.e. 30 years), where the Lessor shall reserve the right to modify existing
or introduce new terms and conditions and bid parameters;
ii The Lessee shall be the highest bidder or shall be within 10% of the highest bid;
iii If the Lessee is not the highest bidder, it will pay 4% of the highest bid amount,
of which 75% of it will go to the highest bidder and remaining 25% will be
retained by the Lessor; and
iv The Lessee shall match the highest bid to exercise the first right of refusal and
get extension of the lease for the further period of 30 years.
j) The Lessee can determine charges for User Facilities in wayside amenity and rates as
driven by market forces, taking into consideration the different facilities in Annexure C.
Also, finished products/Packaged Goods where MRP is printed, shall not be sold at a
rate higher than MRP anywhere in the wayside amenity
k) All parking facilities, washroom, drinking water, emergency telephone services, first aid
facilities shall be provided free of cost to road users of wayside amenity
l) Bank Guarantees as per the enclosed lease agreement or elsewhere specified in this
document.
n) The guidelines issued by IRC and other professional bodies including MoRTH shall be
adhered to for installation of fuelling station and its access from the Highway.
o) The bidders should take into account the policies, rules and regulations of local state
government also while submitting their proposal.
p) The bidder will bear all duties, taxes, royalties and other levies payable under the laws,
rules and regulations of Central Government, State Government and local bodies.
Authority will not reimburse any tax or liability on account of above.
Provided further that in case Lessee has developed the site within the specified period
of 10 months from the Appointed Date, however, the access of site for Project Stretch
is not available for any specific reason attributable to the Authority, in such case Lessee
shall not pay any Lease Rent for the duration of delay attributable to the Authority.
For avoidance of doubt, in case the Development Period of the Project is 10 months and
Appointed Date of the Project is 1st January 2022, then the Commercial Operation date
of the Project would be 1st November, 2022. However, in case the lessee has completed
the project on or before of 31st October, 2022 and, the Authority provides the access of
site for such Project Stretch on 1st January, 2023, then in such case Lessee shall pay the
Lease Rent from the 1st January, 2023 only.
Moreover, in case Lessee has developed the Site before the Development Period i.e., 10
months from the Appointed Date, and the access of site for Project Stretch is also
available in such cases also Lessee shall pay Lease Rent from the date specified in the
lease agreement which is 10 months from Appointed Date, however they may be
awarded the completion certificate and given the right to commence operations,
effective from that date.
For avoidance of doubt, if the Development Period of the Project is 10 months and
Appointed Date of the Project is 1st January 2022, then the commercial operation of the
Project shall begin from 1st November, 2022. In case the lessee has completed the project
on 31st August, 2022 and the Authority also provides the access of Project Stretch on 1st
September, 2022 in such cases also Lessee shall pay the Lease Rent from the 1st
November, 2022 only.
In the event of delay on the part of the lessee, failure to operationalize the project after
the lapse of the specified Development Period of 10 months, the Authority can forfeit a
part of the performance security as damages payable to the Authority, as the case may
be, as mutually agreed genuine pre-estimated loss and damage likely to be for, inter-
alia, loss of revenue, time cost and effort of the Authority without prejudice to any other
right or remedy that may be available to the Authority under the Bidding Documents
and /or under the Agreement, or otherwise, under the conditions specified in Clause
2.3.2 as a breach of the agreement and conditions for forfeiting the Performance Security
of this RFP.
2.3.3 Bidders shall submit offers, which comply with the requirements of the Bidding
Documents. Conditional offers or alternative offers will be summarily rejected.
3. PROPOSAL
2
3.1 Technical Bid: The Technical Bid should be complete in all respect as per the documents
specified in Appendix – I as given below:
a. This should be supported by audited balance sheets and profit and loss accounts
duly certified by a Chartered Accountant, as submitted by the applicant to the
Income Tax Department. If last financial year i.e. FY 21-22 is not audited by the
time of submission of the bid, provisional balance sheets and profit and loss
accounts duly certified by a Chartered Accountant shall be furnished for the last
financial year.
b. Name & address of the bankers, identification of individuals familiar with the
applicant’s financial standing and a banker’s statement on availability of credit
or a net worth certificate duly certified by a Chartered Accountant or statutory
auditor, whichever applicable.
3.2.2 The financial proposal shall also take into account the tax liability and cost of insurance etc.
4. EARNEST MONEY
4
4.1 The Bidder shall furnish, as part of the Bid, Earnest Money/Bid security, for an amount of
Rs. ***3
4.2 The Earnest Money shall, at the Bidder’s option, be in the form of Bank Guarantee of any
scheduled commercial bank authorised to operate in India by RBI and having a net worth in
Indian operations of not less than Rs. 500 crore as per the latest annual report of the bank.
In case of foreign banks (issued by a branch in India) the net worth in respect of the Indian
2
Refer to Annexure - VII
3
Refer to Annexure - VII
operation shall only be taken into account. The Bank Guarantee validity shall be for
minimum of 45 days beyond the “validity of the bid”. The Bank Guarantee shall be
transmitted through SFMS Gateway to the Authority through the designated bank of the
Authority, details of which is as under:
It may please be noted that the original document of various submissions of selected bidders
shall be produced for verification to the Authority before award of work, if so desired by the
Authority.
4.3 Any bid not accompanied by an acceptable Earnest Money, shall be rejected by the
Authority as non-responsive.
4.4 The Earnest Money of unsuccessful Bidder will be returned within 28 days of the end of the
Bid validity period.
4.5 The Earnest Money of the selected Bidder will be discharged when the bidder has signed
the Agreement and furnished the required Performance Security.
a) if the bidder withdraws the Bid after its submission during the period of Bid validity or
extended bid validity;
b) in the case of a selected Bidder, if the Bidder fails within the specified time limit to:
a. sign the Agreement; and/or
b. furnish the required Performance Security.
5 SUBMISSION OF PROPOSAL
6
5.1 The bidder must submit one proposal for each site, and it must be submitted though online
mode only. Each proposal will have a covering letter clearly marked, “For the Project of
Development, Operation and Maintenance of Wayside Amenities on different sections
of National Highways on Lease Basis” and shall be addressed to Mr. Sunil Yadav, COO-
NHLML & PC Division, National Highways Logistics Management Limited, 309, 3rd
Floor, D-21 Corporate Park, Near Sector-8 Metro Station, Sector-21, Dwarka, New Delhi
- 110077
The letter must be clearly marked:
DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATION COMMITTEE
5.3 The Technical proposal and Financial proposal both duly completed which shall be signed
by the authorised representative of the bidder must be submitted. All pages of the Technical
proposal and Financial proposal must be initialled by the authorised signatory duly
authorised for signing the proposal. The authorisation of authorised signatory must be
confirmed by a notarised Power of Attorney accompanying the proposals. Affidavit as per
Appendix II shall also form part of Bid.
5.4 The proposal shall be submitted in electronic form with page numbering and index. Any
additional information shall be furnished by the bidder through e-mail with proper indexing
and page numbering.
5.5 The proposal must contain no interlineations or overwriting except as necessary to correct
errors made by the bidder themselves, in which cases such corrections must be initialled by
the person or persons signing the proposal.
5.6 The proposal must be submitted online, on or before 22.02.2024 up to 1100 Hrs.
5.7 The proposal must be valid for 180 days from last date of submission of bid i.e. Bid Due
Date. A bid valid for a shorter period shall be summarily rejected by the Authority.
5.8.1 The Bidder may modify, substitute or withdraw its e- Bid after submission prior to the Bid
Due Date. No Bid can be modified, substituted or withdrawn by the Bidder on or after the
Bid Due Date & Time.
5.8.2 For modification of e-Bid, Bidder has to detach its old Bid from eprocurement portal and
upload / resubmit digitally signed modified Bid. For withdrawal of Bid, a Bidder has to click
on withdrawal icon at e-procurement portal and can withdraw its e-Bid. Before withdrawal
of a Bid, it may specifically be noted that after withdrawal of a Bid for any reason, Bidder
cannot re-submit e-Bid again.
6 PROPOSAL EVALUATION
A two-stage procedure will be adopted in evaluating the proposals: (i) Technical Proposal;
(ii) a financial evaluation.
7
6.1 EVALUATION FOR TECHNICAL PROPOSAL
In the first stage the documents for technical proposal will be opened as submitted on
etender-portal and evaluated based on the following criteria and the details furnished by the
agency
a) Financial strength (in Form “A”): Applicant must have minimum net worth of at least
Rs. ***4 at the close of the preceding financial year. In case of a Joint Venture, the lead
partner must fulfil at least 50% of annual net worth requirements and each JV partners
should fulfil at least 30% of annual net worth requirement. Also, the lead partner and
JV partner jointly should meet the annual net worth requirement.
6.1.1 The Bidder shall enclose with its Bid, to be submitted as per the complete with its Annexes,
the following:
(i) Certificate(s) from its statutory auditors5$ specifying the net worth of the Bidder, as at
the close of the preceding financial year, and also specifying that the methodology
adopted for calculating such net worth conforms to the provisions of this Clause 6.1.1
(i). For the purposes of this RFP, net worth (the “Net Worth”) shall mean the aggregate
value of the paid-up share capital and all reserves created out of the profits and securities
premium account, after deducting the aggregate value of the accumulated loses,
deferred expenditure and miscellaneous expenditure not written off, as per the audited
balance sheet, but does not include reserves created out of revaluation of assets, write
back of depreciation and amalgamation.
(ii) In case the Bidder is an Individual: valuation certificate of the immovable assets in the
name of the individual duly certified by a registered valuer and certification of the same
by the Chartered Accountant is required. The immovable assets shall be valued at circle
rate as mentioned below. In case circle rates are not available, the rates taken in any
registration shall be considered and copy of such registration is to be provided as
mentioned below. Copy of the Registration Certificate of the valuer shall also be
enclosed. The individual shall also give a declaration that all loans and liabilities have
been considered for calculation of the Net Worth. The certificate(s) from the
4
Refer to Annexure - VII
5$
In case duly certified audited annual financial statements containing explicitly the requisite details are provided, a
separate certification by statutory auditors would not be necessary in respect of Clause 2.2.4 (i). In jurisdictions that
do not have statutory auditors, the firm of auditors which audits the annual accounts of the Bidder may provide the
certificates required under this RFP.
Statutory Auditor (SA) of the Bidder [or any Chartered Accountant (CA) Firm in case
the Bidder is not having a Statutory Auditor] (SA/CA should be duly enrolled with
ICAI) specifying the net worth and cash accruals of the Bidders, in the format provided
at Annex II (A) or Annex II (B) of the Appendix I as the case may be.
a) Methodology for calculation of Net Worth should be mentioned in the certificate
issued by Statuary Auditor/ Chartered Accountant. Further, in case of individual,
Net Worth certificate should be submitted as per format prescribed at Annex-II(A)
or Annex-II(B), as the case may be.
b) Applicable Circle Rate (Circle Rate or equivalent used by various state
authorities) should be of the applicable financial year for which Net Worth has
been claimed.
c) Circle Rate adopted by the Valuer along with its date shall be certified by the
Statuary Auditor/ Chartered Accountant certifying the Net Worth of the Bidder.
d) Self-certified copy of Circle Rates, as issued by the local authority, which is
applicable for the area where the asset claimed is situated should be enclosed
along-with valuer’s report.
e) In case of individual, a statement duly certified by Statuary Auditor/ Chartered
Accountant is required to be submitted stating that all the immovable assets
claimed as part of Net Worth are owned by the Bidder as on cutoff date of
31st March of the latest financial year for which audited statements are furnished.
f) In case circle rates are not available, then copy of any conveyance deed
registered during the relevant period with the concerned local authority is to be
provided.
7.2 The bidder whose Bid has been accepted will be notified for the award by the Authority
prior to expiration of the Bid validity period by cable, telex, e-mail, fax or facsimile
confirmed by registered letter. This letter will state the amount that the bidder will pay to
the Authority as lease amount.
7.3 The notification of award will constitute the formation of the Contract, subject only to the
furnishing of a performance security in accordance with the provisions of Clause 8 and as
per Annexure IV.
The Agreement will be signed by the Authority and the selected Bidder as per Annexure III
after the performance security is furnished. The bidder shall sign the lease agreement within
10 days of submission of performance security, failing which the performance security shall
be forfeited.
8 PERFORMANCE SECURITY
9
8.1 Within 30 (thirty) days after receipt of the Letter referred in Clause 7.1 above, the selected
Bidder shall deliver to the Authority a Performance Security. The Lessee shall furnish the
Performance Security for a fixed amount equivalent of 50% of annual lease rent, i.e., 6
months of monthly lease rent, valid for period of 10 months from Appointed Date, as quoted
in Annexure II, furnished in the form of a Bank Guarantee, to guarantee the development of
wayside amenities from land parcels provided by the Lessor and to operationalize the
facility within 10 months from the date of signing of the Contract Agreement or for any
other extended period as may be required by the Lessor and; Performance security shall be
released within 15 days of successful completion of the development of the mandatory
facilities and submission of operations and maintenance security amount whichever is later
and;
8.2 The Lessee shall also deliver a security for 2-year lease amount during the maintenance and
operation period, valid for 30 years from the date of commercial operation of the facility or
for any other extended period as may be required by the Lessor or valid for 5 years from the
date of commercial operation of the facility with two subsequent extension of 5 years each
30 days prior to expiration of the previous validity period, failing which performance
security shall be forfeited. The development period is 10 months. The Bidder shall sign the
contract agreement within 10 days of submission of performance security, failing which the
performance security shall be forfeited.
8.3 The performance security shall be in the form of a Bank Guarantee in the name of the NHAI,
from a Bank as applicable in case of Earnest Money / Bid Security. The Bank Guarantee
shall be transmitted through SFMS Gateway to the Authority through the designated bank
of the Authority, details of which is as under:
S. N. Particulars Details
1. Name of Beneficiary National Highways Logistics
Management Limited
2. Name of Bank Canara Bank
3. Account No. 8598201006150
4. IFSC Code CNRB0008598
It may please be noted that the original document of various submissions of selected bidders
shall be produced for verification to the Authority before award of work, if so desired by
the Authority.
8.4 Failure of the selected bidder to comply with the requirement of sub-clause 8.1 shall
constitute sufficient ground for cancellation of the award and forfeiture of the earnest
money.
The Authority requires the bidders to strictly observe the laws against fraud and corruption
enforced in India, namely, “Prevention of Corruption Act, 1988.”
10 MISCELLANEOUS
10.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of
India and the Courts at New Delhi shall have exclusive jurisdiction over all disputes arising
under, pursuant to and/ or in connection with the Bidding Process.
10.2 The Authority, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to:;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement
the Bidding Process or modify the dates or other terms and conditions relating
thereto;
(b) consult with any Bidder in order to receive clarification or further
information;
(c) retain any information and/ or evidence submitted to the Authority by, on behalf of,
and/ or in relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all submissions
or other information and/ or evidence submitted by or on behalf of any Bidder.
10.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases the Authority,
its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any
and all liability for claims, losses, damages, costs, expenses or liabilities in any way related
to or arising from the exercise of any rights and/ or performance of any obligations
hereunder, pursuant hereto and/ or in connection with the Bidding Process and waives, to
the fullest extent permitted by applicable laws, any and all rights and/ or claims it may have
in this respect, whether actual or contingent, whether present or in future.
11.1 Before the deadline for submission of bids, the Lessor may modify the Bidding Documents
by issuing addenda/corrigendum.
11.2 Any addendum thus issued shall be part of the Bidding Documents and shall be hosted on
web site of the Authority e-tendering portal.
11.3 To give prospective Bidders reasonable time to take an addendum into account in preparing
their Bids, the Authority shall extend, as necessary, the deadline for submission of Bids, in
accordance with the timeline provided in this RFP.
12. ATTACHMENTS
The proposal and other document should be submitted as per the following:
TO:
National Highways Logistics Management Limited
G-5&6, Sector-10, Dwarka,
New Delhi-110075
Sir,
Having examined the Bid Documents, we, the undersigned, offer to bid for lease of the above-
specified land for providing wayside amenities in accordance with your bid document. We are
hereby, submitting our proposal, which includes this Cost of Bid Document, Earnest Money for
each site and Technical proposal for ___________ nos. of sites enclosed herewith and Financial
Proposal sealed under separate cover.
S. No. Site Code Location
1 ………………………………………………………… …………………
2 ………………………………………………………… …………………
.. ………………………………………………………… …………………
The period of validity of the proposal i.e. up to 180 days from bid due/extended bid due date and
our proposal is binding upon us.
(Authorised Signatory)
Name & Title of Signatory:
Name of Firm:
Address:
Annexure – II
FINANCIAL PROPOSAL SUBMISSION FORM
(Location, Date)
FROM:
To:
National Highways Logistics Management Limited
G-5&6, Sector-10, Dwarka,
New Delhi-110075
FINANCIAL PROPOSAL
Sir,
We, the undersigned, offer to bid for lease of the below specified sites for providing wayside
amenities in accordance with our bid. Our financial proposal as given below shall be binding upon
us up to expiration of the validity period of the proposal i.e. 180 days from bid due date/extended
Bid Due Date.
Bid towards first year Annual Lease Rent as offered by us, to be paid as per the conditions set forth
in the lease agreement, is provided in the below table for development, operation and maintenance
of wayside amenity.
S. No. Site Code Location First year Annual Lease
Rent (Indian Rupees)
1 ……………………………… …………………
2 ……………………………… …………………
We understand that you are not bound to accept any proposal you receive.
We remain,
Yours faithfully,
(Authorised Signatory)
Name & Title of Signatory:
Name of Firm:
Address:
Annexure – III
FORMAT OF LEASE AGREEMENT
This Agreement of Lease made on this _____________ day of________ in the year two thousand
and ______ (“Execution Date”) between the National Highways Logistics Management Limited
(NHLML), a 100% owned SPV of National Authority of India (NHAI), constituted under the
Companies Act, 1956, having its office at 309, 3rd Floor, D-21 Corporate Park, Near Sector-8
Metro Station, Sector-21, Dwarka, New Delhi - 110077 (hereinafter referred to as the “Lessor”
which expression shall, unless excluded by or is repugnant to the context, include its Member,
General Manager, Director or any of its officers duly authorized by the Chairman in this behalf or
its administrator, successor and assigns) of the one part;
AND
M/s __________ a company registered under the Companies Act, 1956 having its registered office
at _____________.
OR
M/s ______________, a registered partnership concern carrying on its business at
_____________________.
OR
Sh. _____________, S/o ______________, R/o _______________ carrying on business in the
name and style of M/s ________________at ___________.
(Hereinafter referred to as the “Lessee” which expression shall, unless excluded by or is repugnant
to the context, include its successor, administrator, heir and permitted assigns) of the other part;
WHEREAS the stretch of land of National Highway No. from km. ____ to km. ____ in the state of
__________ vested in the Central Government, has been entrusted to the Lessor for the purpose of
construction, operation and maintenance.
AND WHEREAS the Lessor is empowered under Sections 14 and 15 of the National Highways
Authority of India Act, 1988 to grant lease for the purpose as appearing hereunder.
AND WHEREAS a portion of the aforesaid National Highway comprising of survey nos.
____________________________ between kilometers no. ____ and ____ in ________ village of
District ________ in the State of ________ on RHS/LHS towards _________, is proposed to be
developed by the Lessor by providing wayside amenities with construction and development of
mandatory fuel and non-fuel facilities as specified in Annexure C and permissible additional
facilities as specified in Annexure D (hereinafter referred to as the “User Facilities”).
AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect of a piece of land
measuring approximately ____ hectare as more particularly described in Schedule-I hereunder for
a term of 30 years (“Lease Period”) for the purpose of providing User Facilities, more particularly
described in Schedule-II hereunder, for the term of Lease.
DEFINITIONS
“Agreement” or “Lease Agreement” means this Agreement, its Recitals, and the Schedules hereto
and any amendments thereto made in accordance with the provisions contained in this Agreement;
“Appointed Date” means the date on which Demised Land shall be Handover to Lessee by the
Lessor, in accordance with the provisions of this Agreement;
“Handover” means the date on which Demised Land has been handed over to Lessee by the Lessor.
It shall be within 15 days from the signing of Agreement;
“Government” means the Government of the India;
GENERAL
1. In pursuance of the aforesaid and in consideration of the lease amount hereby reserved and
subject to the terms and conditions, covenants and agreements herein contained and on the
part of Lessee to be observed and performed, the Lessor doth hereby demise unto the Lessee
all that the said piece of land situated between kilometer No. ____ to ____ on National
Highway No. ____ of ___________ section and more particularly described in Schedule-I
hereunder (hereinafter referred to as ‘the Demised Land’) to hold the Demised Land unto
the Lessee for a term of 30 years commencing from the __ day of ___________ but subject
to the earlier termination of this Lease as hereinafter provided.
a) The Lessee agrees to pay to the Lessor from the year commencing after the 10th month
from the Appointed Date, a recurring annual lease rent as quoted in Annexure-II, paid
monthly, i.e., 1/12th of the annual lease rent amounting to Rs. ***6 per month, fixed for
the first year, shall be paid by the 5th of every calendar month in the first year.
Subsequently, 1/12th of the annual lease rent of the subsequent years, escalated shall be
paid by the 5th of every calendar month, till the end of lease period
b) For revision of above recurring annual lease rent after every 12 (twelve) months, the
Lessor shall calculate the lease rent by multiplying the initial lease rent of Rs. ***7 with
the Price Index Multiple computed by expressing the Reference Index Date immediately
6
As quoted in Annexure-II
7
–As quoted in the Financial Bid
preceding the beginning of the next 12 (twelve) months as a multiple of Reference Index
Date immediately preceding the date 10 months after the Appointed Date.
iv “Reference Index Date” means, in respect of the specified date or month, as the
case may be, that last day of the preceding month with reference to which the
Price Index or any constituent thereof is revised and in the event such revision
has not been notified, the last such Price Index or any constituent thereof shall
be adopted provisionally and used until the Price Index or such constituent
thereof is revised and notified;
The Lease has been granted for the specific purpose of development, operation and maintaining the
User Facilities as proposed by the Lessee in his Bid and in accordance with the terms of this
Agreement. The Demised Land shall not be used by the Lessee for any other purpose and in manner
except as per and in accordance with the terms of this Lease Agreement. It is agreed and understood
by the Lessee that the construction period and maintenance and operation period both put together
shall not exceed 30 years.
PERFORMANCE SECURITY:
a) The Lessee shall furnish the Performance Security for a fixed amount equivalent of 50%
of annual lease rent, i.e. 6 months of monthly lease rent, valid for period of 10 months
from Appointed Date, as quoted in Annexure II, furnished in the form of a Bank
Guarantee, to guarantee the development of wayside amenities from land parcels
provided by the Lessor and to operationalize the facility within 10 months from the
Appointed Date or for any other extended period as may be required by the Lessor and;
8
As quoted in the Financial Bid
b) The Lessee shall also deliver a security for 2-year lease amount during the maintenance
and operation period, valid for 30 years from the date of commercial operation of the
facility or for any other extended period as may be required by the Lessor or valid for 5
years from the date of commercial operation of the facility with two subsequent
extension of 5 years each 30 days prior to expiration of the previous validity period,
failing which performance security shall be forfeited. The development period is 10
months. The bidder shall sign the contract agreement within 10 days of submission of
performance security, failing which the performance security shall be forfeited.
c) The Lessor shall be entitled to forfeit the Bank Guarantee in the event of the Lessee
committing breach of any of the terms of this Agreement.
d) The Lessee shall be required to maintain the Securities for the above amount at all times
during the periods stipulated above.
OBLIGATIONS OF LESSEE
1. The Lessee shall not be authorized to change the constitution or complexion of the
company/firm, without the prior approval, in writing of the Lessor. In case of proprietary
or partnership firms, no transfer of interest or change of liability shall be effected by the
Lessee without the express written approval of the Lessor.
2. Subject to and on the terms and conditions of this Lease Agreement, the Lessee shall, at its
own cost and expense, develop mandatory facilities for highway users, construct and
develop suggested facilities as permissible by the Lessor as needed, undertake operation and
maintenance of all facilities in the wayside amenity and maintain landscaping of open area
on the Demised Land by the Lessor
3. Deleted
4. Deleted
5. The Lessee shall complete the development work on the Demised Land within a period of
10 months of the Appointed Date. In case it is delayed, an additional charge by way of
penalty of 2% of the annual lease amount per calendar week will be levied for the next 8
calendar weeks or part thereof. The same shall be increased by an additional 2% for every
calendar week of default thereafter.
6. Any penalty imposed for delay in the commencement or completion of the construction
work, as provided herein above, shall be paid in such manner as the Lessor may decide.
7. The Lessee shall construct the building/structure/installations on the Demised Land at his
own cost after obtaining prior written approval of the Lessor and strictly in accordance with
the sanction and approval of the Local authority or of any other authority, the approval of
whom has been mandated under the law for the time being in force. The Lessee shall follow
IRC guidelines in respect of building line and control line.
8. The Lessee shall submit monthly, progress report of the construction work being carried on
the Demised Land, in a manner acceptable to the Lessor.
9. The Lessee shall not keep any construction material/ debris outside the Demised Land
during or after completion of construction. If any construction material/debris are kept
outside the Demised Land, the Lessor shall have the right but not the obligation to have it
removed at the cost/ risk of the Lessee after giving 2 days’ notice in writing. This amount
shall be paid by the Lessee within 7 days on a mere reference to it failing which the Lessor
shall be entitled to recover the same from the Performance Security without prejudice to
any other rights under this Lease Agreement. The Lessee will be solely responsible for any
accident occurring due to the negligence of the Lessee at the Demised Land or in area
adjoining the Demised Land.
10. The Lessee shall make no additions or alterations whatsoever to the premises erected over
the Demised Land without first obtaining written permission of the Lessor and if permission
is so granted, the additions and alterations shall be made only in accordance with such
directions as may be given by the Lessor and after obtaining sanction of the plan by the
competent local authority as may be required in law. It is also agreed and acknowledged by
the Lessee that it shall have no right to lease/license/allotment of any extra land over and
above the Demised Land
However, the Lessor may in its absolute discretion and having regard to the attending
circumstances may consider the request of the Lessee for additional land on payment of rent
and such terms and conditions as may be considered reasonable by the Lessor. The volume
of traffic, the necessity of additional facilities and the availability of land shall be the guiding
factors for grant of additional land.
11. The Lessee shall at his own cost provide and install the furniture, equipment, fixtures and
things necessary for providing the User Facilities.
12. It is expressly agreed and declared that all the existing and future rates, taxes, levies, duties,
cess and charges of whatsoever nature throughout the term or the extended term of the leased
and in respect of the User Facilities shall be borne and paid by the Lessee.
13. The Lessee shall observe and comply with all applicable laws, rules, regulations and
byelaws for the time being in force. The Lessee shall apply for and obtain and maintain at
its own cost and expense during the term of the lease all requisite consents, approvals and
permissions from concerned local authority and Government authorities in respect of the
grant hereby made in terms of this Agreement.
14. The Lessee shall maintain throughout the term of this lease policy(s) of insurance or other
sufficient arrangement to the satisfaction of the Lessor covering liability for injury to any
person or persons using the Demised Land or availing the User Facilities.
15. The Lessee shall use the Demised Land, or any premises erected thereupon for the exclusive
purpose of providing User Facilities to the travellers and bonafide visitors to the Demised
Premises. The Lessee shall not sell liquor, intoxicant and any contraband goods or any
article the sale, distribution or display of which is prohibited by law. Failure to provide the
desired level of User Facilities to the visitors shall be a sufficient ground for forfeiture of
the Performance Security and for termination of the Lease.
16. The Lessee shall ensure that the lighting arrangements with adequate back up facility is
provided on the Demised Land. The Lessee shall also ensure that the lighting facility do
not cause any inconvenience to the users of the facility, neighbors or those who are using
the highway.
17. The Lessee shall ensure that the personnel deployed by it for discharging its obligations
under this Agreement are of good health, of highest integrity, punctual, well dressed and
well behaved.
a) The Lessor reserves its right to object to the deployment of any personnel for any reason
in which case, such person or persons being objected to by the Lessor shall be removed
by the Lessee forthwith and replaced with suitable person or persons within a day from
such removal.
b) The Lessor shall not be liable for any misconduct or misdeeds or any act or incident
involving the Lessee or any of its personnel in any criminal or civil case and the Lessee
alone shall be responsible for consequences and if any such incident takes place, the
Lessee shall forthwith intimate the said incident to the Lessor.
c) The Lessee specifically agrees that the personnel deployed by it, will not in any way
claim employment with the Lessor. The Lessee shall be solely responsible for any
dispute raised by the personnel deployed either during the term of the Agreement or
thereafter.
d) The Parties agrees that the relationship created by this Agreement is not of principal and
agent.
e) The Lessee shall provide adequate security to the satisfaction of the Lessor for the
members of the public using the said User Facilities.
f) The Lessee shall provide proper uniforms to its employees as approved by the lessor.
g) The Lessee shall provide proper design branding material for signages/totem/Logo etc.
as approved by the lessor.
18. The Lessee shall provide the User Facilities on round the clock basis and shall maintain
and run the User Facilities in accordance with good industry standards and as may be
required by the Lessor.
19. The Lessee shall maintain the Demised Land and structure/installations/fixtures in good
conditions and order to the satisfaction of the Lessor and also abide by the directions given
by the department of health or such other departments as may be entrusted with the
enforcement of rules and regulations regarding health, sanitation, cleanliness and hygiene.
A daily penalty equivalent to 5% of daily lease rent shall be levied for improper quality of
work i.e. improper cleaning, sanitation, improper supervision, short deployment of
equipment and use of inferior quality of consumables as per the details given in Table 1 to
Table 4 of Annexure F
20. The Lessee shall ensure that all food and beverage items sold at the Demised Land adhere
to required standards of quality and hygiene as prescribed by the extant guidelines of Food
Safety and Standards Authority of India and other relevant authorities. The Lessee shall
take all necessary actions to prevent the sale and consumption of liquor / alcohol by any
person
21. The Lessee shall not store any hazardous or explosive substance in the Demised Land.
However, use of cooking gas will be permissible except in an area where fuel station is
located.
22. The Lessee shall provide and maintain necessary firefighting and fire protection systems in
the Demised Land.
23. The Lessor shall not be responsible in any way for any loss or damage caused to the stock
or property belonging to the Lessee or his staff or representative or the user or users of the
Facilities arising from or out of any cause whatsoever.
24. The following provisions shall also apply with regard to the building/structures and fixtures
put up by the Lessee on the Demised Land.
a) The Lessee shall have no right to remove any buildings/structures on the Demised Land
after the expiry of the lease period and the premises (including structures, fittings and
fixtures, plants and machinery except removable equipments like tanks, dispensing units
etc.) will become the property of the Lessor No compensation will be paid for the same
on expiry of the lease period.
b) In the event of termination of this lease on account of the breach of the terms and
conditions by the Lessee, the premises (including structures, fittings and fixtures, plants
and machinery) shall vest absolutely in the Lessor, without any liability, payment or
compensation, to the Lessee.
25. The Lessee hereby indemnifies the Lessor and saves the Lessor harmless against any
action, proceedings, claims or demands of any person, local or statutory authority etc. made
against the Lessor in respect of/and as a result of the business carried on by the Lessee or
the Lessee committing any breach of the provisions of any Act or statutory regulations or
in consequence of any other act or commission or omission or default of the Lessee, his
servants, agents or workmen against all cost, charges and expenses, penalties, fines, losses
and damages which the Lessor may have to pay, incur or sustain.
The Lessee shall observe and perform all the terms, covenants, conditions and stipulations
contained herein and shall not do, omit or suffer to be done any act, deed or thing whereby
Lessor’s rights with respect to the Demised Land and the assets therein are in any way
prejudiced, affected or extinguished.
26. The Lessee shall have no objection to the Lessor granting any other person the rights to
run similar/User Facilities in the vicinity of the Demised Land.
27. The Lessee shall obtain environment clearance, if required from the requisite statutory
authority/ies and shall take appropriate steps as per applicable laws and regulations for
preserving and maintaining the ecological balance in and around the Demised Land. Any
adverse impact on the environment as a result of the business being carried out or due to
negligence of the Lessee, the Lessee shall and on his/its failure, the Lessor may take steps
for the restoration of the environment at the cost of Lessee, any expenditure incurred by
the Lessor in this behalf, shall be recoverable from the Lessee within 7 days of receipt of
notice together with such penalty as may be considered reasonable by the Lessor, but not
exceeding 50% of the expenditure incurred.
28. The cost of stamp papers, registration and other such charges in connection with this lease,
shall be fully borne by the Lessee.
29. The Lessee may provide additional hoardings on the demised land/building structure at
locations which are not visible from the highway, does not impact the elevation of the
wayside amenity and will not distract the attention of road users. The Lessee is permitted
to display commercial advertising as per compliance with the applicable regulations
including but not limited to the extant regulations of outdoor advertising.
30. The Lessor reserves the right to inspect and conduct checks to observe/witness the
fulfillment of the obligations by the Lessee under this Agreement. If in the opinion of the
Lessor, the User Facilities required to be provisions under this Agreement are not being
provided or are not being properly maintained or the level of services is below standard,
the Lessee shall take such corrective measures upon being served with a notice to the said
effect by the Lessor. Failure of the Lessee to comply with the requirements of the notice
within the time period stipulated therein would be considered a breach of the terms of this
Lease Agreement by the Lessee.
31. The Lessee shall maintain a Complaints Register at a conspicuous place in the Demised
Land for recording complaints, if any, of the users of the facilities. The Lessee shall inspect
the Complaints Register at reasonable intervals and take prompt steps for redressal of the
grievances stated in each complaint.
32. Within one week following the close of each calendar month, the Lessee shall send to the
Lessor a true photocopy of such pages of the Complaints Register on which any entries
have been recorded of any Complaint during the course of such month along with details
of the action taken by the Lessee on such Complaints. The Lessor may in its discretion
direct the Lessee to take such further reasonable action as the Lessor may deem appropriate
for a fair and just redressal of any grievance.
33. The Lessee agrees and acknowledges that the Lessor reserves the right to vary the scope
of the User Facilities from time to time before the final Bid submission date which shall
be binding on the Lessee. Any further change in scope of User Facilities shall be mutually
agreed upon by the Lessor and the Lessee.
34. Upon the expiry or earlier termination of the Lease, the Lessee shall handover to the Lessor
the peaceful and vacant possession of the Demised Land including the
structure/installations/fixtures erected or installed on the same. At the time of Handover,
the asset should be in good, aesthetic and serviceable condition as per good industry
practices. Failure to hand over the same within a period of 7 days of the expiry or earlier
termination of the Lease would make the Lessee liable for payment of penalty equivalent
of a sum of Rs 5,000 per day upto a maximum of 10 days after which the Lessor shall be
entitled to enter upon and take possession of the Demised Land.
35. The Lessee shall follow IRC guidelines in respect of building line & control line for the
construction of Wayside Amenities.
36. The Lessee shall ensure provision of feedback mechanism at all Wayside Amenities sites
to enable all the users to provide instant feedback at all the facilities through installation of
‘Digital Public Feedback System’ at entrances of all facilities such as Restaurants, Toilets,
Parking facilities etc. of Wayside Amenities. The digital feedback system should have
smiley faces (emoticons) with 3 options (Red signifying Bad, Yellow signifying
Satisfactory, Green signifying Good). These installed feedback systems shall be linked and
direct access to centralized data shall be provided to the Authority for real-time monitoring.
37. The Lessee shall undertake installation of HVAC systems and utility connections for water
and electricity for mandatory fuel and non-facilities at the Demised Land. Further, the
Lessee shall also install enabling utility services for water and electricity till the Demised
Land.
OBLIGATIONS OF THE LESSOR
1. The Lessor represents and warrants that it has in itself good right, full power and absolute
authority to demise unto the Lessee the said land
2. That on the Lessee, paying the said yearly lease amount on the due date thereof and in
the manner herein above provided and observing and performing the covenants,
conditions and stipulations herein contained and on the part of the Lessee to be observed
and performed, shall be entitled to peaceably and quietly hold, possess and enjoy the
Demised Land together with the buildings/structures and installations erected thereon
during the term hereby granted without any eviction, interruption, disturbance, claim and
demand whatsoever by the Lessor, except as provided herein.
4. The Lessor shall grant the Lessee pre-approved access provision to the Demised Land
before the commencement of the construction work. No further approval shall be required
from the Lessor prior to commencement of construction work unless stated otherwise
5. The Lessor shall provide the Demised Land to the Lessee after cleaning, grubbing and
levelling of the Demised Land.
6. The Lessor shall provide the boundary wall/ fencing at the Demised Land.
7. To afford an opportunity of being heard to the Lessee before varying the scope of the
User Facilities.
3. It is the express purpose of grant of this lease to develop, continue, properly maintain and
provide the User Facilities on the Demised Land during the term of the Lease or any
extended period thereof. On breach of this condition, it shall be lawful for the Lessor to
re-enter upon the Demised Land including the buildings thereon and terminate this lease
without prejudice to any other right of the Lessor.
Provided that the Lessor at the time of the service of such notice may, in its absolute
discretion, although it is not obliged to do so, offer to the Lessee another plot or plots of
land on the said National Highways for the erection of similar building/structure and/or
installation for use for the purpose and business of the Lessee on a fresh lease comprising
similar or more covenants in these presents contained and including the covenants relating
to the approval of plans and additions or alterations to the said structure and installations :
Provided further that the amount payable by the Lessee during the remaining period of the
lease shall not exceed the amount which would have been payable for the remainder of the
term in respect of the premises hereunder leased. Otherwise, the lessor may compensate
the lessee as specified in Cl. D – “Compensation of account of Termination/Expiration of
the Lease”.
5. If the Lessee desire to terminate this Lease he shall give the Lessor 180 days clear notice
in writing of such desire and shall up to the time of such termination pay the Rent due and
perform and observe the covenants on his part herein before contained, then immediately
on the expiry of the notice action the same shall not lead to cessation of Lease shall cease
but without prejudice to the rights and remedies to which the Lessor has become entitled
in respect of any anticipated claim or breach of the covenant. Lessee will have no right on
the building/infrastructure erected or maintained at the Demised Land and the same shall
be the sole property of the lessor.
1. In the event of expiry of lease period there shall be no compensation payable to the Lessee.
2. During the course of lease, if the Lessor requires to expropriate the facilities, or required
for the expansion of highways, the compensation shall be payable as follow:
3. If lease is terminated by mutual consent then the Lessee shall be compensated by an amount
equal to the depreciated value of the facility including any outstanding as applicable for the
financial year during which the transfer take place.
APPLICABLE LAW
1. The Lease shall be governed by the provisions of the Transfer of Property Act, 1882.
2. Any dispute arising between the Lessor and the Lessee shall be subject to arbitration by an
arbitration tribunal as hereunder provided.
ARBITRATION
1. Any Dispute which is not resolved amicably by conciliation, shall be finally decided by
reference to arbitration by an arbitral tribunal constituted in accordance with Clause 2
(below). Such arbitration shall be held in accordance with the Rules of SAROD, New Delhi
(the “Rules”), or such other rules as may be mutually agreed by the Parties and shall be
subject to the provisions of the Arbitration and Conciliation Act, 1996. The place of such
arbitration shall be Delhi and the language of arbitration proceedings shall be English.
2. Subject to the Rules, the arbitral tribunal shall be a Board of three arbitrators, of whom
each Party shall appoint one, and the third arbitrator shall be appointed by the two
arbitrators so selected and in the event of disagreement between the two arbitrators, the
appointment shall be made in accordance with the.
4. The Lessee and the Authority agree that an Award may be enforced against the Lessee
and/or the Authority, as the case may be, and their respective assets wherever situated.
5. This Agreement and the rights and obligations of the Parties shall remain in full force and
effect, pending the Award in any arbitration proceedings hereunder.
6. In the event the Party against whom the Award has been granted challenges the Award for
any reason in a court of law the other Party, subject to the order of the Court, shall be
entitled to seek an interim payment for an amount equal to 75% (seventy-five per cent) of
the Award, pending final settlement of the Dispute. The aforesaid amount shall be paid
forthwith upon furnishing an irrevocable Bank Guarantee for a sum equal to 120 % (one
hundred and twenty per cent) of the aforesaid amount. Upon final settlement of the Dispute,
the aforesaid interim payment shall be adjusted and any balance amount due to be paid or
returned, as the case may be, shall be paid or returned with interest calculated at the rate of
Bank Rate plus 3% (three per cent) per annum from the date of interim payment to the date
of final settlement of such balance.
7. The Parties acknowledge and agree that the Arbitration proceedings shall be video recorded
and one copy each of the video recording shall be provided to both the Parties.
NOTICES
1. Any notice required to be served on the Lessee under this Agreement shall be deemed to
have been served if delivered at or sent by registered /speed post to the address as recorded
in this agreement. In case of any change in the address the Lessee shall notify the change
by registered letter to the Lessor within 7 days from the date of such change failing which
a service effected on the address given in this Agreement shall be deemed to be the
sufficient service.
2. The Lessor shall be entitled to terminate this lease at any given time as provided under this
Agreement after giving 30 days prior notice to the Lessee stating therein the reasons for
the termination of this lease.
TIME
The initial lease period will be 30 years. The Lessee reserves the first right of refusal for extending
the lease agreement for another 30 (thirty) years on mutually agreed terms.
The Lessee’s first right of refusal mentioned above for a further period of 30 (thirty) years shall,
however, be subject to the following:
a) The Lessee shall participate in the re-bid of the site after the initial lease period ends
(i.e. 30 years), where the Lessor shall reserve the right to modify existing or introduce
new terms and conditions and bid parameters;
b) The Lessee shall be the highest bidder or shall be within 10% of the highest bid;
c) If the Lessee is not the highest bidder, it will pay 4% of the annual lease rent of Rs. ***9
escalated till end of lease period as per the revision mechanism, of which 75% of it will
go to the highest bidder and remaining 25% will be retained by the Lessor; and
d) The Lessee shall match the highest bid to exercise the first right of refusal and get
extension of the lease for the further period of 30 years
AMENDMENT
No amendment to this Agreement shall have any legal force or effect unless such amendment is in
writing signed by each of the parties hereto. However, this clause will not be applicable, in case
where the Lessor requires any additional User Facilities to be developed by the Lessee on the
Demised Land. In such case, a letter from the Lessor in this regard would be binding on the Lessee.
RELATIONSHIP
Nothing herein contained shall constitute any other relationship between the parties except that of
Lessor and Lessee.
FORCE MAJEURE
Neither party shall be liable to each other for any loss or damage occasioned/caused by or arising
out of acts of God, and in particular, “Unprecedented floods”, pandemic, volcanic eruption,
earthquake or other convulsion of nature, and other acts, such as but not restricted to invasion, the
act of foreign countries hostilities or war like operation before or after declaration of rebellion
military which prevent performance of the contract and which would have been foreseen or avoided
by prudent person and in such cases the decision of the Lessor shall be final.
LANGUAGE
All communication between the parties hereto shall be in English.
INTERPRETATION OF AMBIGUITY
9
Refer to Annexure - VII
If the Lessee needs any clarification as to the scope and nature of the User Facilities, it shall
immediately notify the same in writing to the Lessor for necessary clarification. Any clarification
by the Lessor as to the scope and nature of the user facility shall be final and binding on the Lessee.
WAIVER
No delay on the part of the Lessor in exercising any right, power or privilege hereunder shall
operate as a waiver thereof.
SEVERABILITY
If any provision of this Agreement is deemed or held to be illegal, invalid, unenforceable or contrary
to any laws or regulations, all other provisions will continue in full force and effect, and the Parties
where possible will substitute for such provision a valid and enforceable provision which conforms
as nearly as possible with the original intent of the Parties or such provision shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable.
SCHEDULES
All Schedules to the Agreement shall form part of the Agreement.
IN WITNESS WHEREOF the parties hereto set their hands on the day and year first above-
mentioned
SCHEDULE – I
The facilities shall broadly have the amenities as described in Annexure-C and Annexure-D.
b) Construction and development of wayside amenities including mandatory fuel and non-
fuel facilities as specified in Annexure C for highway users in accordance with the
design and site specific layouts for Demised Land that has been awarded to the Lessee;
i Lessee is allowed to construct and develop, after prior written approval, only
those additional facilities which are deemed permissible at particular wayside
amenity by the Lessor as shared in Annexure D;
d) Operation and maintenance of all facilities in the wayside amenity at Demised Land in
accordance with the provisions of this lease agreement;
f) Provision of feedback mechanism at all Wayside Amenities sites to enable all the users
to provide instant feedback at all the facilities through installation of ‘Digital Public
Feedback System’ at entrances of all facilities such as Restaurants, Toilets, Parking
facilities etc. of WSAs. The digital feedback system should have smiley faces
(emoticons) with 3 options (Red signifying Bad, Yellow signifying Satisfactory, Green
signifying Good). These installed feedback systems shall be linked and direct access to
centralized data shall be provided to the Authority for real-time monitoring.
Annexure-A
List of sites where WSA are to be developed and respective traffic data*
*The details provided for one way traffic projection (FY23) are tentative based on certain
assumptions. The Authority does not take any responsibility on the traffic numbers shared. Bidders
are advised to assess traffic on their own before bidding.
Annexure-B
E-tender procedure
Procedure for e-tendering
1.1. It is mandatory for all the Bidders to have class-III Digital Signature Certificate (DSC) (in the
name of Authorized Signatory / Firm or Organization / Owner of the Firm or organization)
from any of the licensed Certifying Agency (Bidders can see the list of licensed CAs from the
link www.cca.gov.in) to participate in e-tendering of the Lessor.
DSC should be in the name of the authorized signatory as authorized in Appendix III of this
RFP. It should be in corporate capacity (that is in Bidder capacity / in case of Joint Venture
in the Lead Member capacity, as applicable). The Bidder shall submit document in support
of the class III DSC.
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.
1.2. To participate in the bidding, it is mandatory for the Bidders to get registered their firm / Joint
Venture with e-procurement portal of the Lessor http://etenders.gov.in which is free of cost.
Following may kindly be noted:
(a) Registration with e-procurement portal of the Lessor should be valid at least up to the
date of submission of Bid.
1.3. If the firm / Joint Venture is already registered with e-tendering service provider of the Lessor,
and validity of registration is not expired the firm / Joint Venture is not required a fresh
registration.
1.4. The complete Bid document can be viewed / downloaded by the Bidder from e-procurement
portal of the Lessor http://etenders.gov.in from 08.01.2024 TO 22.02.2024 (upto 1100 Hrs.
IST).
Annexure-C
List of Mandatory Facilities
Targeting
S.
Facility Car Trucks/Goods Composite: Car &
No.
Passengers Vehicle Truck/Goods Vehicles
A. Mandatory Facility
1. Food court/restaurant Y X Y
2. Convenience store Y Y Y
3. Toilet Facility (separate for Y Y Y
ladies, gents & Divyang with
appropriate ramp and railing)
and Baby Care Room
4. Drinking water Y Y Y
5. Car/Bus Parking (Provision Y Y
of wheelchair & other
facilities for Divyang)
6. First Aid Box Y Y Y
7. Dedicated area for promoting Y Y Y
local artisans in form of
Kiosk/stall dedicated
covered zone
8. Landscaping Y Y Y
9. Truck Parking X Y Y
10. Dhabha for Truckers X Y Y
11. Children’s play area & open Y X Y
gym
12. Safety Awareness Corner Y Y Y
13. EV Charging Station Y Y Y
14. Rainwater Harvesting Y Y Y
2) NH10/150+890/RHS/Hisar/ HR
Facility
Food Court/ Restaurant
Convenience Store/ Shops
Toilet facility (separate for ladies, gents & Divyang with appropriate ramp and railing), dustbin
and baby care room
Car/Bus Parking
(Provision for wheelchair & other facilities for Divyang)
and Electric Vehicle charging station
Drinking Water
Vehicle Service Area
First Aid Box and Medical clinic
High Mast Lights & Signages
Landscaping
Children’s play area & open gym
Safety awareness corner
Drone Landing Facility
3) NH-44/7+150/LHS/ Ludhiana/PB
Facility
Food Court/ Restaurant
Convenience Store/ Shops
Toilet facility (separate for ladies, gents & Divyang with appropriate ramp and railing), dustbin
and baby care room
Car/Bus Parking
(Provision for wheelchair & other facilities for Divyang)
and Electric Vehicle charging station
Drinking Water
Vehicle Service Area
First Aid Box
Medical clinic
High Mast Lights & Signages
Landscaping
Children’s play area & open gym
Dedicated area for promoting local artisans in the form of Kiosk/ stall, dedicated covered zone
with a minimum of 1000 sqft or 1% of the area of the wayside amenity which ever is more.
Safety awareness corner
Drone Landing Facility
1. All finishing activities should reflect local architectural flavor of the WSA site
2. First Aid room to be operated by WSA Concessionaire should at-least have the items listed below.
–
a) Torch Powered by Charging Dynamo (inbuilt) with Battery Backup (preferred) (1)
b) Pair (latex) Surgical Gloves Non-Sterile Size 6.5 (2)
c) Pair (latex) Surgical Gloves Non-Sterile Size 7.0 (2)
d) Pair (latex) Surgical Gloves Non-Sterile Size 7.5 (2)
e) Bottle Savlon 50 ml (2)
f) 4’ Crepe Bandage (2)
g) 6’ Crepe Bandage (2)
h) Triangular Bandage (cotton) (5)
i) Compressed Roller Bandage Non-Sterile 5 cm by 5 m (4)
j) Compressed Roller Bandage Non-Sterile 10 cm by 5 m (4)
k) Compressed Roller Bandage Non-Sterile 15 cm by 5 m (4)
Rolls Surgical Cotton 100 g (2)
l) Adhesive Bandaged (band aid) 2.5 by 5 cm (25)
m) Roll Leucoplast Tape or Micropore Adhesive Plaster 4” (1)
n) Sterile Gauze 10 by 10 cm (6)
o) Sterile Eye Pads (6)
p) Sterile Small Finger Dressing Pads (5)
q) Sterile Large Finger Dressing Pads (5)
r) Sterile Paraffin Gauze (4 Pieces)
s) Stretcher (1)
t) Patient Beds (2)
u) 24*7 availability of Nurse (1)
In addition to provisions for petrol and diesel dispensing facilities at fuel stations, electric charging
stations shall also be deemed as a mandatory facility. For installation of the EV charging facilities,
the specifications of the EV charging to be complied as per the existing guidelines by Ministry of
Power. Minimum 1 no. of Type 2 AC charging facility (Min. 22 kW) and minimum 1 no. of CCS-
2 DC charging facility (Min. 50 kW) shall be provided mandatorily.
Further, provision for CNG/ LNG refueling shall be mandatory for sites based on requirements of
local regulations and traffic profile.
Annexure-D
List of permissible facilities
S.
Permissible Facilities in WSA
No.
1 Food court/restaurants
2 Dhabhas for truckers
3 Retail Arcade (Convenience Store, shops)
4 Tourist information kiosk
5 Village Haat through KVIC
6 Motel/Rooms for short stay
7 Dormitory for drivers
8 Open air rest area with benches and tables
9 Toilets facilities^* and Baby care room
10 Drinking water*
11 Children’s play area
12 Self-laundry and cooking facility for truckers
Fuel station (along with air filling station, puncture repair & pollution check) subject to
13
meeting the PESO & MoRTH guidelines for fuel station
14 Car/Bus Parking*
15 Truck parking*
16 Vehicle repair shop
17 Car washing
18 Spare parts shop
19 First aid box
20 Doctor on call
Medical Clinic with Ambulance Facility - The medical clinic must have Emergency Response
21 Plan, 24X7 nursing staff, first aid kit, over the counter (OTC) medicine, oxygen cylinders,
stretchers, ambulance and tie-up with nearest hospital in case of emergency
22 Internet Facility
23 ATM/ Bank
24 Emergency telephone connection*
25 Smoking zone
26 Helipad#
27 Conference room/meeting room
28 Convention center
29 Telephone Tower
30 Hotel
31 Wedding Halls
32 Automobile Showrooms
S.
Permissible Facilities in WSA
No.
33 Warehousing Facility
# As per DGCA guidelines
^ Separate for men, women and physically challenged
* Lessee will not be allowed to charge rents from the customers for drinking water, toilets,
parking, emergency telephone services, first aid facility
Annexure-E
Typical Site Layout
Site Location Map
1. Topography
The existing topography of the site should be an important consideration in the design of
the highway facility. Significant natural landforms and drainage features such as hilltops
and drainage channels within or next to the site should be preserved where possible.
4. Landscape Furniture
Site furniture (response to site character) should be placed, where required, for the comfort,
convenience, information, circulation, control, protection and enjoyment of users.
Landscape/Street furniture may include the following elements:
D. Fire
a) Provide smoke detectors for all areas
b) Clearly mark all exits
c) Provide sprinkler system in kitchen and all high-risk areas
d) Install firefighting devices as per local fire norms
e) Provide fire tank as per local norms
c) Scope of work under furniture and fittings includes but not limited to the following:
i) Tables, luggage, beds, clothes storage, seating, etc.
ii) Soft furniture including, mattress, pillows, curtains, cushions etc.
iii) Fittings such as mirrors, light fittings, heating appliances, light shades etc.
Table 1
01. Food Courts, Restaurants, Shops
Floors: Vitrified Tiles (600X600 MM) or higher specifications.
Wall skirting/ Dado: 100mm High Skirting as per flooring material.
Partition Walls: suitable partition walls as required
All Sill tops: 20 mm thick polished Kota stone with edge finish or higher specifications.
Internal Painting: Multi surface paint (plastic emulsion paint) or higher specifications.
Ceiling: Mineral fiber False ceiling/ Metal False ceiling/ Seamless gypsum board false
ceiling with multi surface paint (Emulsion paint) or higher specifications.
External joineries (Door/Windows & Ventilators): UPVC joineries/ Steel roll formed
sections made of Galvanized color coated or powder coated with (M S grills and fly proof
mesh for kitchen, toilets and dormitory)
Internal joineries: ABS smart doors with wooden texture/ rolling shutter with grill or
higher specifications.
Exterior: Water proof cement paint.
Furniture: Modular furniture of wood or stainless steel or higher specifications.
Air conditioning: to be provided as per best practices.
Toilet fixtures: As per NBC and CPWD specification and As per Annexure J.
All internal wiring including fan boxes, junction boxes: to be provided as per best
practices.
Switchboards, electrical fittings and fixtures: to be provided as per best practices.
Firefighting: As per local norms/NBC to be provided.
Internal cameras/ Wi-Fi routers: to be provided as per CPWD or other relevant
specifications.
02. Motel
2.1 Reception/ rooms
Floors: Vitrified Tiles (600X600 MM) or higher specifications.
Wall skirting/ Dado: 100mm High Skirting as per flooring material.
Partition Walls: suitable partition walls as required
All Sill tops: 20 mm thick polished Kota stone with edge finish or higher specifications.
Internal Painting: Multi surface paint (plastic emulsion paint) or higher specifications.
Ceiling: Multi surface paint (Emulsion paint) or higher specifications.
External joineries (Door/Windows & Ventilators): UPVC joineries/ Steel roll formed
sections made of Galvanized color coated or powder coated with (M S grills and fly proof
mesh for kitchen, toilets and dormitory).
Internal joineries: ABS smart doors with wooden texture/ rolling shutter with grill or
higher specifications.
Exterior: Water proof cement paint.
Furniture: The finishing of the furniture shall be of laminate or veneer with Melamine
polish. The rooms shall be provided with twin bed or double bed, mini bar, writing table,
luggage rack, easy chair, side tables, etc as required.
Air conditioning: to be provided as per best practices.
Toilet fixtures: As per NBC and CPWD specification and As per Annexure J.
All internal wiring including fan boxes, junction boxes: to be provided as per best
practices.
Switchboards, electrical fittings and fixtures: to be provided as per best practices.
Firefighting: As per local norms/NBC to be provided.
Internal cameras/ Wi-Fi routers: to be provided as per CPWD or other relevant
specifications as required.
(a) Corridors
Floors: Polished Kota stone with white marble strip or higher specifications.
Wall skirting/ Dado: 100mm High Skirting as per flooring material.
Partition Walls: suitable partition walls as required
All Sill tops: 20 mm thick polished Kota stone with edge finish or higher specifications.
Internal Painting: Multi surface paint (plastic emulsion paint) or higher specifications.
Ceiling: multi surface paint (Emulsion paint) or higher specifications.
External joineries (Door/Windows & Ventilators): UPVC joineries/ Steel roll formed
sections made of Galvanized color coated or powder coated with (M S grills and fly proof
mesh for kitchen, toilets and dormitory).
Internal joineries: ABS smart doors with wooden texture/ rolling shutter with grill or
higher specifications.
All internal wiring including fan boxes, junction boxes: to be provided as per best
practices.
Switchboards, electrical fittings and fixtures: to be provided as per best practices.
Firefighting: As per local norms/NBC to be provided.
Internal cameras/ Wi-Fi routers: to be provided as per CPWD or other relevant
specifications as required.
(b) Dining, Kitchen, Health Club, Shop, SPA, Hall
Floors: Polished Kota stone with white marble strip or higher specifications.
Wall skirting/ Dado: 100mm High Skirting as per flooring material.
Partition Walls: suitable partition walls as required
All Sill tops: 20 mm thick polished Kota stone with edge finish or higher specifications.
Internal painting: Multi surface paint (plastic emulsion paint) or higher specifications.
Exterior: Water proof cement paint.
Furniture: The finishing of the furniture shall be of laminate or veneer with Melamine
polish. The rooms shall be provided with twin bed or double bed, mini bar, writing table,
luggage rack, easy chair, side tables, etc. as required.
Ceiling: multi surface paint (Emulsion paint) or higher specifications.
External joineries (Door/Windows & Ventilators): UPVC joineries/ Steel roll formed
sections made of Galvanized color coated or powder coated with (M S grills and fly proof
mesh for kitchen, toilets and dormitory).
Internal joineries: ABS smart doors with wooden texture/ rolling shutter with grill or
higher specifications.
Toilet fixtures: As per NBC and CPWD specification and As per Annexure J.
All internal wiring including fan boxes, junction boxes: to be provided as per best
practices.
Switchboards, electrical fittings and fixtures: to be provided as per best practices.
Firefighting: As per local norms/NBC to be provided.
Internal cameras/ Wi-Fi routers: to be provided as per CPWD or other relevant
specifications as required.
03. Dormitory/ Dhaba
Floors: Polished Kota Stone with White marble Strip.
Wall skirting/ Dado: 100mm High Skirting as per flooring material.
Partition Walls: suitable partition walls as required
All Sill tops: 20 mm thick polished Kota stone with edge finish or higher specifications.
Internal Painting: Multi surface paint (plastic emulsion paint) or higher specifications.
Ceiling: Multi surface paint (Emulsion paint) or higher specifications.
External joineries (Door/Windows & Ventilators): UPVC joineries/ Steel roll formed
sections made of Galvanized color coated or powder coated with (M S grills and fly proof
mesh for kitchen, toilets and dormitory).
Internal joineries: As suitable.
Exterior: Water proof cement paint.
Furniture: Modular furniture of wood or stainless steel or higher specifications.
Air conditioning: to be provided as per best practices.
Toilet fixtures: As per NBC and CPWD specification and As per Annexure J.
All internal wiring including fan boxes, junction boxes: to be provided as per best
practices.
Switchboards, electrical fittings and fixtures: to be provided as per best practices.
Firefighting: As per local norms/NBC to be provided.
Internal cameras/ Wi-Fi routers: to be provided as per CPWD or other relevant
specifications as required.
04. Trauma Centre
4.1 Reception/ O.T
Floors: Marble Stone
Wall skirting/ Dado: 100mm High Skirting as per flooring material.
Partition Walls: suitable partition walls as required
All Sill tops: 20 mm thick marble stone with edge finish or higher specifications.
Internal Painting: Multi surface paint (plastic emulsion paint) or higher specifications.
Ceiling: Multi surface paint (Emulsion paint) or higher specifications.
External joineries (Door/Windows & Ventilators): UPVC joineries/ Steel roll formed
sections made of Galvanized color coated or powder coated with (M S grills and fly proof
mesh for kitchen, toilets and dormitory).
Internal joineries: As suitable.
Exterior: Water proof cement paint.
Furniture: Modular furniture of wood or stainless steel or higher specifications.
Air conditioning: to be provided as per best practices.
Toilet fixtures: As per NBC and CPWD specification and As per Annexure J.
All internal wiring including fan boxes, junction boxes: to be provided as per best
practices.
Switchboards, electrical fittings and fixtures: to be provided as per best practices.
Firefighting: As per local norms/NBC to be provided.
Internal cameras/ Wi-Fi routers: to be provided as per CPWD or other relevant
specifications as required.
4.2 Doctors Room
Floors: Vitrified Tiles (600X600 mm)
Wall skirting/ Dado: 100mm High Skirting as per flooring material.
Partition Walls: suitable partition walls as required.
All Sill tops: 20 mm thick polished Kota stone with edge finish.
Internal Painting: Multi surface paint (plastic emulsion paint) or higher specifications.
Ceiling: Multi surface paint (Emulsion paint) or higher specifications.
External joineries (Door/Windows & Ventilators): UPVC joineries/ Steel roll formed
sections made of Galvanized color coated or powder coated with (M S grills and fly proof
mesh for kitchen, toilets and dormitory).
Internal joineries: As suitable.
Exterior: Water proof cement paint.
Furniture: Modular furniture of wood or stainless steel or higher specifications.
Air conditioning: to be provided as per best practices.
Toilet fixtures: As per NBC and CPWD specification and As per Annexure J.
All internal wiring including fan boxes, junction boxes: to be provided as per best
practices.
Switchboards, electrical fittings and fixtures: to be provided as per best practices.
Firefighting: As per local norms/NBC to be provided.
Internal cameras/ Wi-Fi routers: to be provided as per CPWD or other relevant
specifications as required.
4.3 Wards
Floors: Polished Kota stone with white marble strip.
Wall skirting/ Dado: 100mm High Skirting as per flooring material.
Partition Walls: suitable partition walls as required.
All Sill tops: 20 mm thick polished Kota stone with edge finish.
Internal Painting: Multi surface paint (plastic emulsion paint) or higher specifications.
Ceiling: Multi surface paint (Emulsion paint) or higher specifications.
External joineries (Door/Windows & Ventilators): UPVC joineries/ Steel roll formed
sections made of Galvanized color coated or powder coated with (M S grills and fly proof
mesh for kitchen, toilets and dormitory).
Internal joineries: As suitable.
Exterior: Water proof cement paint.
Furniture: Modular furniture of wood or stainless steel or higher specifications.
Air conditioning: to be provided as per best practices.
Toilet fixtures: As per NBC and CPWD specification and As per Annexure J.
All internal wiring including fan boxes, junction boxes: to be provided as per best
practices.
Switchboards, electrical fittings and fixtures: to be provided as per best practices.
Firefighting: As per local norms/NBC to be provided.
Internal cameras/ Wi-Fi routers: to be provided as per CPWD or other relevant
specifications as required.
05. Highway Patrolling Office/ Maintenance Office/ Security Room
(c) Office/ Pantry
Floors: Polished Kota stone with white marble strip.
Wall skirting/ Dado: 100mm High Skirting as per flooring material.
Partition Walls: suitable partition walls as required.
All Sill tops: 20 mm thick polished Kota stone with edge finish.
Internal Painting: Multi surface paint (plastic emulsion paint) or higher specifications.
Ceiling: Multi surface paint (Emulsion paint) or higher specifications.
External joineries (Door/Windows & Ventilators): UPVC joineries/ Steel roll formed
sections made of Galvanized color coated or powder coated with (M S grills and fly proof
mesh for kitchen, toilets and dormitory).
Internal joineries: As suitable.
Exterior: Water proof cement paint.
Furniture: Modular furniture of wood or stainless steel or higher specifications.
Air conditioning: to be provided as per best practices.
Toilet fixtures: As per NBC and CPWD specification and As per Annexure J.
All internal wiring including fan boxes, junction boxes: to be provided as per best
practices.
Switchboards, electrical fittings and fixtures: to be provided as per best practices.
Firefighting: As per local norms/NBC to be provided.
Internal cameras/ Wi-Fi routers: to be provided as per CPWD or other relevant
specifications as required
Table – 2 A
Public Toilet, Operation, Cleaning and Maintenance
Frequency for Periodic / Thorough Cleaning in PTUs
PERIODIC CLEANING SCHEDULE
ITEM ACTIVITY FREEQUENCY
FLOOR Machine scrub to ensure removal of soil from Grouting Fortnightly
Walls Hand scrub to ensure removal of soil from Grouting Monthly
Bins Hand scrub to ensure removal of soil from Grouting Fortnightly
Wash Basins Scrub with scrubbing pad to remove stubborn Stains Weekly
Bowls Scrub with scrubbing pad to remove stubborn stains. Weekly
Urinals Scrub beneath rim to ensure removal of yellow Stains
Soap
Dismantle and check / clear chokes Weekly
Dispensers
Exhaust Fans Wipe clean to remove dust Weekly
Ramps Wipe clean to remove dust and maintain Weekly
Table – 2 B
Frequency for Spot Cleaning of PTUs on daily basis
Sr. No Description of item/ maintenance task Frequency for spot Cleaning
Cleaning of MS/ Stainless steel railing
(i) Daily & as and when required.
including balusters & Signages
(ii) Cleaning of doors / windows Daily
Cleaning/Sweeping of pavement/walkways/
(iii) Once in each shift & as and when required.
Floors
Once in each shift & as and when required
(iv) Cleaning of litterbins etc. including disposal of litters etc. to the
nearest NHAI dustbin/ compactors.
Regular cleaning of toilets/ WC/ Urinals
Cleaning & Sanitation of toilets/ WC/ etc. in each shift and as and when required
(v)
Urinals etc. including dry and wet mopping to keep the
floor clean and dry at all times.
2 to 3 times in each shift & as and when
(vi) Cleaning of sanitary fixtures.
required to keep fixture neat and clean.
Removal/ disposal of waste of toilets,
(vii) Once in each shift & as and when required.
unchoking of WC, urinals etc.
Checking of all plumbing/ electrical
(viii) Weekly basis or as and when required.
connections / fitting/ fixtures in all the toilet.
(ix) Cleaning of surrounding of toilets. Daily & as and when required.
Note: Thorough cleaning once a day and spot cleaning for the remaining period as per the above
frequency specified in Table 2 B.
Table - 3
Public Toilet Operation, Cleaning and Maintenance
Equipment and supplies list for cleaners
1. Service tray or cart
2. Premixed glass cleaner (with spray bottle)
3. Premixed disinfectant cleaner (with spray bottle)
4. Disinfectant cleaner concentrate
5. Scouring power
6. Stainless Steel Cleaner (if necessary)
7. Toilet Bowl swab and container
8. Putty knife
9. Broom
10. Dust- Pan corner brush
11. Mop / Bucket / Wringer
12. Signage’s such as „Wet Floor‟ and „closed for cleaning‟
13. Duster (feather / lambs wool)
14. Clean cloth
15. Paper towels / toilet paper / soap
16. Gloves
Table - 4
CLEANING AGENTS FOR DIFFERENT FINISHES
1. Wall / Floor (Ceramic, granite Use neutral based cleaners or disinfectants. Do not
and marble tiles) use acid-based cleaner on marble
2. Glass / Mirror (Neutral cleaners
Use ammonia – or neutral based cleaners
can also be used)
3. Sanitary Wares Use disinfectant cleaners
4. Stainless Steel / Chrome Use Stainless steel / chrome polish
5. Plastic / PVC Use neutral based cleaners
6. Toilet Bowls Use disinfectant or mild abrasive liquid cleaners
Specification for Minimum Development obligations
16 10-12 mm thick toughened glazing in aluminium door, window, ventilator shutters and
partitions etc. with EPDM rubber / neoprene gasket etc. as per the architectural
drawings
17 ELEVATION CLADDING
18 Processed Stone Cladding on wall surface / Red sandstone / Pink Sandstone / Yellow
Jaisalmer / Yellow Timber grained khatu stone / or as decided by the Architect ;
specific to site context fixed in appropriate adhesive and all type of Interior, Exterior
Compound wall and Gate etc. to be clad with processed stone ,Wooden chips, Silica
sand, Cement as per approved drawings
19 PLASTERING AND WALL FINISHING
20 Internal cement plaster 25 mm thick in single coat using Ready to use wall plaster in
cement mortar 1:4 to concrete, brick, stone surfaces in all positions as per approved
drawings
21 External cement plaster 25 mm thick in single coat using Ready to use wall plaster in
cement mortar 1:4 to concrete, brick, stone surfaces in all positions as per approved
drawings
Annexure J
Technical Specifications for Toilet Fixtures and Flooring material Details, Standard
Toilet Drawings
The Lessee shall develop toilets as per the specifications and layout diagrams mentioned below:
Layout diagram for toilet:
1. Fittings
a. For food court, trauma center and motel
Wash basin (table top) Table Top Basin, Size: 425 x Jaquar
340 x 175mm Hindware
Cera
Kohler
Somany
Kajaria
Or equivalent
Urinals Urinal, Jaquar
Size:355x340x535mm Hindware
Cera
Kohler
TOTO
Perryware
Or equivalent
Tap 2-Way Bib Tap with Wall Jaquar
Flange Hindware
Cera
Kohler
TOTO
Perryware
Or equivalent
Wall Mixer with OH Wall Mixer with Provision Jaquar
Shower For Overhead Shower with Hindware
115mm Long Bend Pipe On Cera
Upper Side, Connecting Legs Kohler
& Wall Flanges Perryware
Or equivalent
Angle cock Angular Stop Cock Jaquar
Hindware
Cera
Kohler
Perryware
Or equivalent
WC Wall Hung- WC With PP Jaquar
Normal Close Seat Cover, Hindware
Hinges, Accessories Set Cera
Kohler
TOTO
Perryware
Or equivalent
OH shower Maze Overhead Shower Jaquar
150X150mm Square Shape Hindware
Single Flow (Body & Face Cera
Plate Stainless Steel with Kohler
Chrome Finish) with Rubit Perryware
Cleaning System Or equivalent
2. Accessories
Item specifications Company
Hand faucet Health Faucet Kit (Flexible Jaquar
Hose, Handset & Bracket) Hindware
Cera
Kohler
Perryware
Or equivalent
Soap dish holder Soap Dish Recessed Type Jaquar
(Stainless Steel) Hindware
Cera
Kohler
Perryware
Or equivalent
Towel ring Towel Ring Round with Jaquar
Round Flange Hindware
Cera
Kohler
Perryware
Or equivalent
Toiler paper holder Toilet Roll Holder Jaquar
Hindware
Cera
Kohler
Perryware
Or equivalent
Urinal partition Pure white marble with no
grains (as per drawings)
Metro pole flush valve
Grab bar Grab Bar 300mm Long, Jaquar
Stainless Steel Hindware
Cera
Kohler
Perryware
Or equivalent
Soap dispenser Soap Dispenser with Glass Jaquar
Bottle Hindware
Cera
Kohler
Perryware
Or equivalent
Swivel mirror Swivel mirrors or bathroom Jaquar
mirrors which can be used in Hindware
bathrooms Cera
Kohler
Perryware
Or equivalent
The construction period will be the period ______ months from the date of the lease agreement
(unless extended by the lessor) and the Maintenance period will be the period __________
months after the construction period.
We hereby waive the necessity of your demanding the said debt from the Lessee before
presenting us with the demand.
We agree that no underlying dispute as between you and the Lessee nor any pending application
for interim relief or arbitration proceedings or other legal proceedings shall constitute any
ground for prevention, delay or obstruction for making payment to you by us and the existence
of any disputes or differences or claims in arbitration or otherwise shall not constitute any
ground for non-payment under this Guarantee.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed there under or of any of the Contract / Bid Documents which
may be made between you and the Lessee shall in any way release us from any liability under
this guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid for ___________ months/ year after the date of signing of Lease
Agreement and shall be effective from its date.
SIGNATURE AND SEAL OF THE GUARANTOR’S NAME OF BANK
ADDRESS DATE
a) fails or refuses to execute the Lease Agreement in accordance with the provisions of
Bid Document, and/or b) fails or refuses to furnish the Performance Security, in
accordance with the Bid Document / Lease Agreement
We undertake to pay to the NHAI up to the above amount upon receipt of his first written
demand, without the NHAI having to substantiate his demand, provided that in his demand
the NHAI will note that the amount claimed by him is due to him owing to the occurrence of
one of the two conditions above, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date 45 days beyond the 180 days
after the deadline for submission of bids as such deadline is stated in the Bid Document or as
it may be extended by the NHAI notice of which extension(s) to the Bank is hereby waived.
Any demand in respect of this Guarantee should reach the Bank not later than the above date
To,
General Manager (T),
National Highways Authority of India,
G-5&6, Sector 10, Dwarka,
New Delhi - 110 075
Yours faithfully,
<<name of the SPV>>
Date:
Annexure – VII
SITE WISE LIST OF EARNEST MONEY, FIXED LEASE RENT, FINANCIAL
ELIGIBILITY CRITERIA AND PERFORMANCE SECURITY
Sit Site Code State NH Site Tota Financi Earn Develop O&M Bid
e Locat l al est ment Perform Variabl
No ions Area Evaluat Mone Perform ance e Refer
. (in ion y ance Security to
Ha.) Criteria (INR Security (INR Clause
(INR Cr.) (INR Cr.) – 3.2.3,
Cr.) – – Cr.) Refer to Clause
Refer to Refe – Clause 3.2.4
Clause r to Refer 8.1,
3.1, Cla to Annexur
Clause use Claus e III
6.1 4.1 e 8.1,
Anne
xure
III
NH709/
Hary
1 35+500/RHS/ 709 Rohtak 0.53 1.14 5.0
ana
Rohtak/HR
NH10/150+890 Hary
2 10 Hisar 0.13 0.77 5.0
/RHS/Hisar/ HR ana
NH-
44/7+150/LHS/ Punja Ladho
3 44 1.80 3.0 34.0
Ludhiana/ b wal
Punjab
6 Months 24 First
Hospet -
of Quoted months of year
Chitradurga/NH
Lease quoted Lease
13/336+530/RH Karn
4 13 Kudligi 1.25 1.98 7.70 Rent lease rent Rent
S/Kudligi ataka
/Chitradurga/
Karnataka
Hospet -
Chitradurga/NH
13/389+396/LH Karn
5 13 Jagalur 1.30 1.82 9.20
S/Jagalur/ ataka
Chitradurga/
Karnataka
Appendix – I
TECHNICAL PROPOSAL
LETTER OF TRANSMITTAL
From:
To
National Highways Logistics Management Limited
G 5 & 6, Sector –10, Dwarka, New Delhi – 110075.
Subject: Submission of Documents for Technical Proposal for the work of Development,
Operation and Maintenance of Wayside Amenities on Different Sections of National Highway
on Lease Basis
Sir,
Having examined the details given in bid document for the above work, I/we hereby submit
the pre-qualification document and other relevant information.
1. I/We hereby certify that all the statements made and information supplied in the enclosed
form A and accompanying statement are true and correct.
2. I/we have furnished all information and details necessary for technical proposal and have
no further pertinent information to supply.
3. I/We submit the requisite certified solvency certificate and authorize NHLML to approach
the Bank issuing the solvency certificate to confirm the correctness thereof.
(a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in India:
(d) Date of incorporation and/ or commencement of business:
2. Brief description of the Company including details of its main lines of business and
proposed role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication for the
Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
6. (a) I/We certify that in the last two years, we/any of the JV partners or Members of Joint
Venture have neither failed to perform for the works nor been expelled or terminated by any
Government agencies for breach on our part.
(b) I/We certify that we/ any of the JV partners or Members of Joint Venture do not fall in any
of the categories of being a Non-Performing entity given at clause 2.1.11 of Instructions to
Bidders in the projects and furnished the complete details.
7 (a) I/We further certify that no investigation by a regulatory authority is pending either against
us/ any member of Joint Venture or our sister concern or against our CEO or any of our
directors/managers/employees.
(b) I/We further certify that no investigation by any investigating agency in India or outside is
pending either against us/ any member of Joint Venture or our sister concern or against our
CEO or any of our directors/managers/employees.):
£
o r has been declared by the Authority as non performer/blacklisted.
A statement by Bidder and each of the Members of its Joint Venture (where applicable) or any of
their Associates disclosing material nonperformance in past projects, contractual disputes and
litigation/arbitration in the recent past, as on bid due date is given below (attach extra sheets, if
necessary).
Name of the Bidder /Member of JV/ or Members of Joint Venture:
______________________________________
Sr. Categories of Non-Performer Name of the
No. Project(s)
i. Fails to set up institutional mechanism and
procedure as per contract.
Fails to mobilize key construction equipment
ii. within a period of 4 months from the Appointed
Date;
Damages/penalties recommended by
iii. Independent/Authority’s Engineer during O&M
period and remedial works are still not taken up;
Fails to complete Punch list items even after lapse
iv. of time for completion of such items excluding
delays attributable to the Authority;
Fails to make lease rent payments excluding the
v.
current instalment in one or more projects;
Fails to submit the Performance Security within the
vi.
permissible time period in more than one project;
Rated as an unsatisfactory performing entity/non-
performing entity by an independent third-party
vii.
agency and so notified on the website of the
Authority;
Fails to start the works or causes delay in
viii.
maintenance & repair/overlay of the project.
I/We certify that the list is complete and covers all the projects of Wayside Amenities of Ministry
of Road Transport & Highways or its implementing agencies and that we/any of the JV Partners or
Members of Joint Venture do not fall in any of the above categories of being a Non- Performing
entity.
Annex-II(A):
For Bidders other than Individuals
Date:
Place:
UDIN:
Annex-II(B): For Individuals
(To be on the Letter Head of the Statutory Auditor / Chartered Accountant)
Date:
Place:
UDIN:
Appendix – II
Affidavit
Bidders should upload the scanned copy of the following affidavit as per format enclosed
hereinafter & also send original copy of Affidavit. The affidavit should be on stamp paper attested
by Notary Public.
1. I, the undersigned, do hereby certify that all the statements and documents made in the
enclosed attachments are true and correct.
2. The undersigned also hereby certifies that neither our firm M/s _____________ have
abandoned any work on National Highways in India nor any contract awarded to us for
such works have been rescinded, during the last five years prior to the date of this bid.
3. The undersigned hereby authorise(s) and request(s) any bank, person, firm or corporation
to furnish pertinent information deemed necessary and requested by NHAI to verify this
statement or regarding my (our) competence and general reputation.
4. The undersigned understands and agrees that further qualifying information may be
requested and agrees to furnish any such information at the request of the NHAI and
within the prescribed time.
__________________________________________
(Signed by an Authorized Representative of the firm)
_________________________
(Name of the Representative)
_________________________
(Name of the firm)
_______________
(Date)
To be notarized by Notary
Appendix – III
Format for Power of Attorney for signing of Bid
Know all men by these presents, We, .............................. (name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms
(Name), son/daughter/wife of .......................................... and presently residing at , who is
presently employed with us/ the Lead Member of our Joint Venture and holding the position
of__________________________, as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary
or required in connection with or incidental to submission of our bid for the Development,
Operation and Maintenance of large wayside amenities on km. ____ to km. ____ on National
Highway No. ____ in the state of __________ on lease basis proposed or being developed by the
National Highways Logistics Management Limited (the “Authority”) including but not limited to
signing and submission of all applications, bids and other documents and writings, participate in
bidders’ and other conferences and providing information / responses to the Authority, representing
us in all matters before the Authority, signing and execution of all contracts including the Lease
Agreement and undertakings consequent to acceptance of our bid, and generally dealing with the
Authority in all matters in connection with or relating to or arising out of our bid for the said Project
and/or upon award thereof to us and/or till the entering into of the Lease Agreement with the
Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done by
us.
For
2.
Accepted
(Signature)
(Notarised)
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required, the same should be under common seal affixed in accordance with
the required procedure.
Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed The Hague Legislation Convention, 1961 are not required to be
legalised by the Indian Embassy if it carries a conforming Apostille certificate.
Appendix-IV
Format for Power of Attorney for Lead Member of Joint Venture
Whereas the National Highways Logistics Management Limited (“the Authority”) has invited bids
from interested parties for the __________________________- (“the Project”). Whereas,
………………., …………….. and ………………….. (collectively the “Joint Venture”) being
Members of the Joint Venture are interested in bidding for the Project in accordance with the terms
and conditions of the Request for Proposal and other connected documents in respect of the Project,
and
Whereas, it is necessary for the Members of the Joint Venture to designate one of them as the Lead
Member with all necessary power and authority to do for and on behalf of the Joint Venture, all
acts, deeds and things as may be necessary in connection with the Joint venture’s bid for the Project
and its execution.
We, …………….. having our registered office at …………………., M/s. ………………….., having
our registered office at ………………., and M/s. ……………….., having our registered office at
……………………., (hereinafter collectively referred to as the “Principals”) do hereby irrevocably
designate, nominate, constitute, appoint and authorise M/s……………….., having its registered office
at ………………, being one of the Members of the Joint Venture, as the Lead Member and true and
lawful attorney of the Joint Venture (hereinafter referred to as the “Attorney”) and hereby irrevocably
authorise the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the
Joint Venture and any one of us during the Bidding Process and, in the event the Joint Venture is
awarded the Lease/ Contract, during the execution of the Project, and in this regard, to do on our behalf
and on behalf of the Joint Venture, all or any of such acts, deeds or things as are necessary or required
or incidental to the submission of its bid for the Project, including but not limited to signing and
submission of all applications, bids and other documents and writings, accept the Letter of Award,
participate in bidders’ and other conferences, respond to queries, submit information/ documents, sign
and execute contracts and undertakings consequent to acceptance of the bid of the Joint Venture and
generally to represent the Joint Venture in all its dealings with the Authority, and/ or any other
Government Agency or any person, in all matters in connection with or relating to or arising out of the
Joint Venture’s bid for the Project and/ or upon award thereof till the Lease Agreement is entered into
with the Authority.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred
by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise
of the powers hereby conferred shall and shall always be deemed to have been done by us/Joint
Venture.
For ……………….
For ……………….
For ……………….
Witnesses:
1.
2.
(Executants)
(To be executed by all the Members of the Joint Venture)
Notes:
▪ The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required, the same should be under common seal affixed in accordance with the
required procedure.
▪ Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favour of the person
executing this Power of Attorney for the delegation of power hereunder on behalf of the
Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be legalised
by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being
issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention, 1961 are not required to be legalised by
the Indian Embassy if it carries a conforming Appostille certificate.
Appendix – V
Integrity Pact
(To be executed on the plain paper and submitted alongwith Technical Bid /Tender documents for
tenders having a value of Rs. 5 crore or more. To be signed by the bidder and same signatory
competent/authorized to sign the relevant contract on behalf of the NHAI)
(_________Division)
Tender No.________
INTEGRITY PACT
2. If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the IPC/PC Act or any other Statutory Acts or if there be a substantive suspicion
in this regard, the Principal will inform the Chief Vigilance Officer and in addition can
initiate disciplinary actions as per its internal laid down Rules/Regulations.
Witness
1________________
(Name & Address)
2________________
(Name & Address)
Appendix-VII
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the General
Financial Rules (GFRs)
Dear Sir,
With reference to your RFP document dated *** **$, I/we, having examined the Bidding
Documents and understood their contents, hereby undertake and confirm as follows:
I/We have read the clause 2.1.7 c) regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to contractors from such
countries;
I certify that this Bidder is not from such a country or, if from such a country, has been registered
with the Competent Authority as defined in g Order no. F.no.6/18/2019- PPD dated 23rd July
2020 and will not sub-contract any work to a contractor from such countries unless such
contractor is registered with the Competent Authority.
I hereby certify that this bidder fulfils all requirements in this regard and is eligible to be
considered.
Yours faithfully,
Date:
(Signature of the Authorised signatory)
Place:
(Name and designation of the of the Authorised signatory)
Name and seal of Bidder/Lead Member
Notes:
{Where applicable, evidence of valid registration by the Competent Authority shall be attached}
In case the above certification is found to be false, this would be a ground for immediate rejection
of Bid/termination and further legal action in accordance with law.