BIDDING DOCUMENTS

For Procurement of Contractor

For the work of

“Balance Works of Rehabilitation and Upgradation to 4-lane

configuration of Ras-Beawar Section (Km 0.000 to Km 30.050) of NH-158
in the State of Rajasthan under Green National Highways Corridor Project
(GNHCP) with the loan assistance of World Bank on EPC mode.”

September, 2024
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REQUEST FOR BIDS

(RFB)
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GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

REQUEST FOR BIDS (RFB)

E-Procurement Notice
[Engineering, Procurement, Construction (“EPC”) Contract following Single Stage
Two-Envelope Bidding Process with e-Procurement]

NATIONAL OPEN COMPETITIVE PROCUREMENT

Name of Project: “Balance Works of Rehabilitation and Upgradation to 4-lane configuration

of Ras-Beawar Section (Km 0.000 to Km 30.050) of NH-158 in the State
of Rajasthan under Green National Highways Corridor Project (GNHCP)
with the loan assistance of World Bank on EPC mode.”
Contract Title: “Balance Works of Rehabilitation and Upgradation to 4-lane configuration of
Ras-Beawar Section (Km 0.000 to Km 30.050) of NH-158 in the State of
Rajasthan under Green National Highways Corridor Project (GNHCP) with
the loan assistance of World Bank on EPC mode.”
Loan No: Applied for
RFB Reference No.: GNHCP_RAJ_NH(158)-7A
Date: 21.09.2024
1. The Government of India has applied for financing from the World Bank toward the
cost of the GNHCP Project and intends to apply a part of the proceeds to cover eligible
payments under the contract for construction of works as detailed below:

State NH NCB Name of Estimated Length Completion Maintenance

No. No. Stretch cost period period
Rajasthan 158 Ras to INR 199.17 30 KM 18 Months 120 Months
Beawar crore
(Excluding
GST)

2. Bidding will be conducted through national open competitive procurement using a

Request for Bids (RFB) as specified in the World Bank’s “Procurement Regulations for
IPF Borrowers, July 2016 Revised November 2017 and August 2018” (“Procurement
Regulations”) and is open to all Bidders as defined in the Procurement Regulations.

3. The Ministry of Road Transport & Highways, Government of India now invites online
bids from eligible Bidders for the construction of work: “Balance Works of
Rehabilitation and Upgradation to 4-lane configuration of Ras-Beawar Section (Km
0.000 to Km 30.050) of NH-158 in the State of Rajasthan under Green National
Highways Corridor Project (GNHCP) with the loan assistance of World Bank on EPC
mode.”. Interested bidders may obtain further information and inspect the bidding
document at the address given below during office hours (0930 to 1730 hours. Bidders
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are advised to note the clauses on eligibility (Section I Clause 4) and minimum
qualification criteria (Section III – Evaluation and Qualification Criteria), to qualify for
the award of the contract. In addition, please refer to paragraphs 3.14 and 3.15 of the
“Procurement Regulations” setting forth the World Bank’s policy on conflict of
interest.

4. The bidding document is available online on official portal of the CPPP website https://
eprocure.gov.in/eprocure/app from 21.09.2024 to 05.11.2024 (upto 1100 Hrs. IST) for
a non-refundable fee of Rs 10000/- (Rupees Ten Thousand Only), in the form of
Demand Draft (DD) on any Scheduled/Nationalized bank payble at New Delhi in favor
of “Pay and Accounts Officer, Ministry of Road Transport & Highways, New Delhi”.
Payment documents are to be submitted as per the procedure described in paragraph 9
below. The bidders would be responsible for ensuring that any addenda available on
the website is also downloaded and incorporated.

5. For submission of the bid, the bidder is required to have Digital Signature Certificate
(DSC) Class III from one of the Certifying Authorities authorised by Government of
India for issuing DSC.

6. Bids comprise two Parts, namely the Technical Part and the Financial Part, and both
parts must be submitted simultaneously online on official portal of the CPPP website
https:// eprocure.gov.in/eprocure/app on or before 11:00 hours on 05.11.2024 and the
‘Technical Part’ of the bids will be publicly opened online at the address given below,
in the presence of the bidders’ designated representatives and anyone who choose to
attend. The “Financial Part” shall remain unopened in the e-procurement system until the
second public Bid opening for the financial part. Any bid or modifications to bid
(including discount) received outside e-procurement system will not be considered. If
the office happens to be closed on the date of opening of the bids as specified, the bids
will be opened on the next working day at the same time and venue. The electronic
bidding system would not allow any late submission of bids.

7. The bidder has to submit Bid Security during the period of validity i.e. not less than
180 (one hundred eighty) days from the bid due date or if the bidder is awarded the
contract and fail to sign the contract or to submit a performance security before the
deadline define in the request for bid documents, the bidder will be suspended for a
period of one year from the bid due date, from being eligible to submit bids for contracts
with the entity that invited the bids. The bid security shall be submitted as per the format
prescribed in RFB”.

8. The bidders can submit scanned copy of various original documents referred in RFB
(Request for Bids) like Original Power of Attorney for signing the Bid as per format,
Original Joint Bidding Agreement as well as Power of Attorney (POA) on behalf of
Joint Venture, an Undertaking from the person having POA that they agree and abide
by the Bid documents uploaded by Authority and amendments uploaded, if any, along
with the bid on or before due date of submission. However, the successful bidder has
to submit the original documents physically to the Authority before issue of LOA.
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9. The bidders shall submit the payment towards cost of Bid document, referred in para 4
above, through NTRP (Non-Tax Receipt Portal) Portal (https://bharatkosh.gov.in/)
only, instead of Demand Draft and a copy of proof of payment shall be submitted along
with above-mentioned documents. The relevant details of PAO and DDO are as
follows:

Pay & Accounts Office (PAO) : 034415-PAO (NH), New Delhi

Drawing & Disbursing Office(DDO) : 205853-Superintending Engineer(EAP),
New Delhi
10. A pre-bid meeting will be held on 16.10.2024 at 15:00 hours in Conference Room
Jeevan Bharti Building, MoRTH, Ground Floor, 124, Connaught Place, New Delhi-
110001 to clarify the issues and to answer questions on any matter that may be raised
at that stage as stated in ITB Clause 7.4 of ‘Instructions to Bidders’ of the bidding
document. Bidders are advised to download the bidding document prior to the pre-bid
meeting in order for bidders to have a good understanding of the scope of work under
this contract for discussion and clarification at the pre-bid meeting.

11. Other details can be seen in the bidding document. The Employer shall not be held
liable for any delays due to system failure beyond its control. Even though the system
will attempt to notify the bidders of any bid updates, the Employer shall not be liable
for any information not received by the bidder. It is the bidders’ responsibility to verify
the website for the latest information related to this bid.

12. The address(es) referred to above are:

(a) Name & Designation of Officer: Shri Ravinder, Superintending Engineer
(EAP)
(b) Official Address : Jeevan Bharti Building, MoRTH, Ground Floor, 124,
Connaught Place, New Delhi-110001
(c) Email : [email protected]
(d) Telephone : 011-23310239

13. The schedule for procurement of the works is as follows:

Sl No. Activity Planned completion

1 Notice of invitation to bid 21.09.2024
2 Pre-bid meeting 16.10.2024
3 Bid Due date 05.11.2024
4 Bid submission date & Opening 06.11.2024
technical proposal
5 Opening of financial proposal 28.11.2024
6 Validity of BID 120 days
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Table of Contents

Part 1 – Bidding Procedures

Request for Bids (RFB) 4

Section I. Instructions to Bidders 9
Section II. Bid Data Sheet 34
Section III. Evaluation and Qualification Criteria 42
Section IV. Bidding Forms 64
Section V. Eligible Countries 118
Section VI. Fraud and Corruption 119

Part 2
Section VII. Works Requirements: Conditions of Contract together with Schedules 122

Part 3 - Drawings
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PART 1-BIDDING PROCEDURES

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Section I - Instructions to Bidders

A. General
1. Scope of Bid In connection with the Specific Procurement Notice - Request for
Bids (RFB), specified in the Bid Data Sheet (BDS), the
Employer, as specified in the BDS, issues this bidding
document for the provision of Works as specified in Section VII,
Works’ Requirements. The name, identification and number of
lots (contracts) of this RFB are specified in the BDS.

Throughout this bidding document:

(a) the term “in writing” means communicated in written form
(e.g. by mail, e-mail, and fax, including if specified in the
BDS, distributed or received through the electronic-
procurement system used by the Employer) with proof of
receipt;
(b) if the context so requires, “singular” means “plural” and
vice versa;
(c) “Day” means calendar day, unless otherwise specified as
“Business Day”. A Business Day is any day that is an
official working day of the Borrower. It excludes the
Borrower’s official public holidays;
(d) “Works” refers to Works, subject of this Bidding document,
to be executed on EPC contracting arrangement; and
(e) the term “ES” means environmental and social (including
Sexual Exploitation, and Assault (SEA));
“Sexual Exploitation and Assault” “(SEA)” stands for the
following:
(i) Sexual exploitation is defined as any actual or attempted
abuse of position of vulnerability, differential power or
trust, for sexual purposes, including, but not limited to,
profiting monetarily, socially or politically from the sexual
exploitation of another. In Bank financed
operations/projects, sexual exploitation occurs when access
to or benefit from a Bank financed Goods, Works, Non-
consulting Services or Consulting Services is used to
extract sexual gain.
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(ii) Sexual assault is defined as sexual activity with

another person who does not consent. It is a violation of
bodily integrity and sexual autonomy and is broader than
narrower conceptions of “rape”, especially because (a) it
may be committed by other means than force or violence,
and (b) it does not necessarily entail penetration;

2. Source of Funds The Borrower or Recipient (hereinafter called “Borrower”) specified

in the BDS has received or has applied for financing (hereinafter
called “funds”) from the International Bank for Reconstruction
and Development or the International Development Association
(hereinafter called “the Bank”) in an amount specified in the
BDS, toward the project named in the BDS. The Borrower
intends to apply a portion of the funds to eligible payments under
the contract(s) for which this bidding document is issued.

Payment by the Bank will be made only at the request of the Borrower
and upon approval by the Bank, and will be subject, in all
respects, to the terms and conditions of the Loan (or other
financing) Agreement. The Loan (or other financing) Agreement
prohibits a withdrawal from the loan account for the purpose of
any payment to persons or entities, or for any import of goods,
equipment, plant, or materials, if such payment or import is
prohibited by a decision of the United Nations Security Council
taken under Chapter VII of the Charter of the United Nations.
No party other than the Borrower shall derive any rights from
the Loan (or other financing) Agreement or have any claim to
the proceeds of the Loan (or other financing).

3. Fraud and The Bank requires compliance with the Bank’s Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures
as set forth in the WBG’s Sanctions Framework, as set forth in
Section VI.
In further pursuance of this policy, bidders shall permit and shall
cause their agents (whether declared or not), subcontractors,
sub-consultants, service providers, suppliers, and their
personnel, to permit the Bank to inspect all accounts, records and
other documents relating to any initial selection process,
prequalification process, bid submission, proposal submission,
and contract performance (in the case of award), and to have
them audited by auditors appointed by the Bank.
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4. Eligible Bidders A Bidder may be a firm that is a private entity, or a state-owned

enterprise or institution subject to ITB 4.6, or any combination
of them in the form of a joint venture (JV), under an existing
agreement, or with the intent to enter into such an agreement
supported by a letter of intent, unless otherwise specified in the
BDS. In the case of a joint venture, all members shall be jointly
and severally liable for the execution of the entire Contract in
accordance with the Contract terms. The JV shall nominate a
Representative who shall have the authority to conduct all
business for and on behalf of any and all the members of the JV
during the Bidding process and, in the event the JV is awarded
the Contract, during contract execution. This authorization shall
be evidenced by submitting a power of attorney signed by
legally authorized signatories of all members. Unless specified
in the BDS, there is no limit on the number of members in a JV.
The joint venture agreement shall be registered in the place
specified in BDS so as to be legally valid and binding on
members.

A Bidder shall not have a conflict of interest. All Bidders found to

have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest for the purpose of this
Bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is under
common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy
from another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or through
common third parties, that puts it in a position to
influence the Bid of another Bidder, or influence the
decisions of the Employer regarding this bidding process;
or
(e) any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of the
works that are the subject of the Bid; or
(f) any of its affiliates has been hired (or is proposed to be
hired) by the Employer or Borrower as Engineer for the
Contract implementation;
(g) would be providing goods, works, or non-consulting
services resulting from or directly related to consulting
services for the preparation or implementation of the
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project specified in the BDS ITB 2.1 that it provided or

were provided by any affiliate that directly or indirectly
controls, is controlled by, or is under common control
with that firm;
(h) has a close business or family relationship with a
professional staff of the Borrower (or of the project
implementing agency, or of a recipient of a part of the
loan) who: (i) are directly or indirectly involved in the
preparation of the bidding document or specifications of
the contract, and/or the Bid evaluation process of such
contract; or (ii) would be involved in the implementation
or supervision of such contract unless the conflict
stemming from such relationship has been resolved in a
manner acceptable to the Bank throughout the
procurement process and execution of the contract.

A firm that is a Bidder (either individually or as a JV member) shall

not participate in more than one Bid, except for permitted
alternative Bids. This includes participation as a Subcontractor
in other Bids. Such participation shall result in the
disqualification of all Bids in which the firm is involved. A firm
that is not a Bidder or a JV member may participate as a
subcontractor in more than one Bid.

A Bidder may have the nationality of any country, subject to the

restrictions pursuant to ITB 4.8. A Bidder shall be deemed to
have the nationality of a country if the Bidder is constituted,
incorporated or registered in and operates in conformity with the
provisions of the laws of that country, as evidenced by its articles
of incorporation (or equivalent documents of constitution or
association) and its registration documents, as the case may be.
This criterion also shall apply to the determination of the
nationality of proposed subcontractors or sub-consultants for
any part of the Contract including related Services.

A Bidder that has been sanctioned by the Bank, pursuant to the Bank’s
Anti-Corruption Guidelines, in accordance with its prevailing
sanctions policies and procedures as set forth in the WBG’s
Sanctions Framework as described in Section VI paragraph 2.2
d., shall be ineligible to be prequalified for, initially selected for,
bid for, propose for, or be awarded a Bank-financed contract or
benefit from a Bank-financed contract, financially or otherwise,
during such period of time as the Bank shall have determined.
The list of debarred firms and individuals is available at the
electronic address specified in the BDS.
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Bidders that are state-owned enterprises or institutions in the

Employer’s Country may be eligible to compete and be awarded
a Contract(s) only if they can establish, in a manner acceptable
to the Bank, that they (i) are legally and financially autonomous
(ii) operate under commercial law, and (iii) are not under
supervision of the Employer.

A Bidder shall not be under suspension from Bidding by the Employer

as the result of the operation of a Bid–Securing.

Firms and individuals may be ineligible if so indicated in Section V

and (a) as a matter of law or official regulations, the Borrower’s
country prohibits commercial relations with that country,
provided that the Bank is satisfied that such exclusion does not
preclude effective competition for the supply of goods or the
contracting of works or services required; or (b) by an act of
compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United
Nations, the Borrower’s country prohibits any import of goods
or contracting of works or services from that country, or any
payments to any country, person, or entity in that country. When
the Works are implemented across jurisdictional boundaries
(and more than one country is a Borrower, and is involved in the
procurement), then exclusion of a firm or individual on the basis
of ITB 4.8 (a) above by any country may be applied to that
procurement across other countries involved, if the Bank and the
Borrowers involved in the procurement agree.
A Bidder shall provide such documentary evidence of eligibility
satisfactory to the Employer, as the Employer shall reasonably
request.

5. Eligible Materials, The materials, equipment and services to be supplied under the
Equipment and Contract and financed by the Bank may have their origin in any
Services country subject to the restrictions specified in Section V,
Eligible Countries, and all expenditures under the Contract will
not contravene such restrictions. At the Employer’s request,
Bidders may be required to provide evidence of the origin of
materials, equipment and services.
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B. Contents of Bidding Document

6. Sections of Bidding The bidding document consists of Parts 1, 2, and 3, which include all
Document the sections specified below, and which should be read in
conjunction with any Addenda issued in accordance with ITB 8.

PART 1 Bidding Procedures

 Section I - Instructions to Bidders (ITB)
 Section II - Bid Data Sheet (BDS)
 Section III - Evaluation and Qualification Criteria
 Section IV - Bidding Forms
 Section V - Eligible Countries
 Section VI - Fraud and Corruption
PART 2 Works’ Requirements
 Section VII - Works’ Requirements: Conditions of
Contract together with Schedules.
PART 3 Drawings

The Specific Procurement Notice - Request for Bids (RFB) issued by

the Employer is not part of this bidding document.

Unless obtained directly from the Employer or downloaded from the

official website specified in the ‘E-Procurement Notice’, the
Employer is not responsible for the completeness of the bidding
document, responses to requests for clarification, the minutes of
the pre-Bid meeting (if any), or Addenda to the bidding
document in accordance with ITB 8. In case of any
contradiction, documents obtained directly from the Employer
or downloaded from the official website specified in the ‘E-
Procurement Notice’ shall prevail.

The Bidder is expected to examine all instructions, forms, terms, and

specifications in the bidding document and to furnish with its
Bid all information and documentation as is required by the
bidding document.

7. Clarification of The electronic bidding system specified in the BDS provides for
Bidding Document, online clarifications. A Bidder requiring any clarification on the
Site Visit, Pre-Bid bidding document may notify the Employer online or raise its
Meeting inquiries during the pre-Bid meeting if provided for in
accordance with ITB 7.4. Clarifications requested through any
other mode shall not be considered by the Employer. The
Employer will respond to any request for clarification, provided
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that such request is received prior to the deadline for submission

of Bids within a period specified in the BDS. Description of
clarification sought and the response of the Employer shall be
uploaded for information of all Bidders without identifying the
source of request for clarification. Should the clarification result
in changes to the essential elements of the bidding document, the
Employer shall amend the bidding document following the
procedure under ITB 8 and ITB 22.2. It is the bidder’s
responsibility to check on the e-procurement system, for any
addendum/ amendment/ corrigendum to the bidding document.

The Bidder is advised to visit and examine the Site of Works and its
surroundings and obtain for itself on its own responsibility all
information that may be necessary for preparing the bid and
entering into a contract for construction of the Works. The costs
of visiting the Site shall be at the Bidder’s own expense.

The Bidder and any of its personnel or agents will be granted

permission by the Employer to enter upon its premises and lands
for the purpose of such visit, but only upon the express condition
that the Bidder, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and
against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any
other loss, damage, costs, and expenses incurred as a result of
the inspection.

If so specified in the BDS, the Bidder’s designated representative is

invited to attend a pre-Bid meeting and/or a Site of Works visit.
The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage.

The Bidder is requested, to submit any questions only through the e-

procurement portal, not later than one week before the meeting.
Clarifications requested through any other mode shall not be
considered by the Employer.

Minutes of the pre-Bid meeting, if applicable, including the text of

the questions asked by Bidders, without identifying the source,
and the responses given, together with any responses prepared
after the meeting, will be uploaded online on e-procurement
system. Any modification to the bidding document that may
become necessary as a result of the pre-Bid meeting shall be
made by the Employer exclusively through the issue of an
addendum pursuant to ITB 8 and not through the minutes of the
pre-Bid meeting. It is the bidder’s responsibility to check on the
e- procurement system, for any addendum/ amendment/
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corrigendum to the bidding document. Nonattendance at the pre-

Bid meeting will not be a cause for disqualification of a Bidder.

8. Amendment of At any time prior to the deadline for submission of bids, the Employer
Bidding Document may amend the bidding document by issuing addenda.

Any addendum issued shall be part of the bidding document and shall
be deemed to have been communicated to all the bidders. The
addenda will appear on the e-procurement system under “Latest
Corrigendum”, and Email notification is also automatically sent
to those bidders who have started working on the tender, unless
otherwise specified in the BDS. The Employer shall not be liable
for any information not received by the bidder. It is the bidders’
responsibility to verify the website for the latest information
related to this bid.

To give prospective Bidders reasonable time in which to take an

addendum into account in preparing their Bids, the Employer
may, at its discretion, extend the deadline for the submission of
Bids, pursuant to ITB 22.2.

C. Preparation of Bids
9. Cost of Bidding The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the Bidding process.

10. Language of Bid The Bid, as well as all correspondence and documents relating to the
Bid exchanged by the Bidder and the Employer, shall be written
in English. Supporting documents and printed literature that are
part of the Bid may be in another language provided they are
accompanied by an accurate translation of the relevant passages
in English, in which case, for purposes of interpretation of the
Bid, such translation shall govern.

11. Documents The Bid shall comprise two Parts, namely the Technical Part and the
Comprising the Bid Financial Part. These two Parts shall be submitted
simultaneously.
The Technical Part shall contain the following:
(a) Letter of Bid – Technical Part prepared in accordance
with ITB 12 and ITB 14;
(b) Bid Security in accordance with ITB 19.1;
 16

(c) Alternative Bid – Technical Part, if permissible, in

accordance with ITB 13, the Technical Part of any
Alternative Bid;
(d) Authorization: written confirmation authorizing the
signatory of the Bid to commit the Bidder, in accordance
with ITB 20.3, and in accordance with ITB 20.4 in case
of a JV;
(e) Bidder’s Eligibility: documentary evidence in
accordance with ITB 17 establishing the Bidder’s
eligibility to Bid;
(f) Qualifications: documentary evidence in accordance
with ITB 17 establishing the Bidder’s qualifications to
perform the contract if its Bid is accepted;
(g) Conformity: a technical proposal in accordance with ITB
16;
(h) Construction methodology as detailed in Para 1.1 of
Section III Evaluation Criteria;
(i) Contractor Registration certificate (as per RFB), if
applicable; and
(j) any other document and schedules required in the BDS.
The Financial Part shall contain the following:
(a) Letter of Bid – Financial Part: prepared in accordance
with ITB 12 and ITB 14;
(b) Alternative Bid - Financial Part: if permissible in
accordance with ITB 13; and
(c) any other document required in the BDS.
The Technical Part shall not include any information related to the
Bid price. Where material financial information related to the
Bid price is contained in the Technical Part the Bid shall be
declared non-responsive.
In addition to the requirements under ITB 11.2, Bids submitted by a
JV shall include a copy of the Joint Venture Agreement entered
into by all members. Alternatively, a letter of intent to execute a
Joint Venture Agreement in the event of a successful Bid shall
be signed by all members and submitted with the Bid, together
with a copy of the proposed Agreement.
 17

The Bidder shall furnish in the Letter of Bid – Financial Part

information on commissions and gratuities, if any, paid or to be
paid to agents or any other party relating to this Bid, and to
contract execution if the Bidder is awarded the contract.

12. Letters of Bid and 12.1 The Letter of Bid – Technical Part, Letter of Bid – Financial Part,
Schedules Schedules, and all documents listed under Clause 11, shall be
prepared using the relevant forms furnished in Section IV,
Bidding Forms. The forms must be completed without any
alterations to the text, and no substitutes shall be accepted except
as provided under ITB 20.3. All blank spaces shall be filled in
with the information requested.

13. Alternative Bids Unless otherwise specified in the BDS, alternative Bids shall not be
considered.

When alternative times for completion are explicitly invited, a

statement to that effect will be included in the BDS and the
method of evaluating different alternative times for completion
will be described in Section III, Evaluation and Qualification
Criteria.

Except as provided under ITB 13.4 below, Bidders wishing to offer

technical alternatives to the requirements of the bidding
document must first price the Employer’s design as described in
the bidding document and shall further provide all information
necessary for a complete evaluation of the alternative by the
Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical
alternatives, if any, of the Bidder with the Most Advantageous
Bid conforming to the basic technical requirements shall be
considered by the Employer.

When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the Works.
Such parts will be identified in the BDS and described in
Section VII, Works’ Requirements. The method for their
evaluation will be stipulated in Section III, Evaluation and
Qualification Criteria.

14. Bid Prices and The prices and discounts quoted by the Bidder in the Letter of Bid –
Discounts Financial Part shall conform to the requirements specified
below.

Deleted.
 18

The price to be quoted in the Letter of Bid – Financial Part, in

accordance with ITB 12.1, shall be the total price of the Bid,
including any discounts offered.

Deleted.

Unless otherwise specified in the BDS and the Contract, the prices
quoted by the Bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions
of the Conditions of Contract.
Deleted.

14.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28 days
prior to the deadline for submission of Bids, shall be included in
the prices and the total Bid price submitted by the Bidder.

15. Currencies of Bid The currency of the bid and the currency of payments shall entirely
and Payment be Indian Rupees only.

16. Documents The Bidder shall furnish a technical proposal in the Technical Part of
Comprising the the Bid, including a statement of work methods, equipment,
Technical Proposal personnel, schedule and any other information as stipulated in
Section IV, Bidding Forms, in sufficient detail to demonstrate
the adequacy of the Bidders’ proposal to meet the work’s
requirements and the completion time.

17. Documents To establish Bidder’s eligibility in accordance with ITB 4, Bidders

Establishing the shall complete the Letter of Bid – Technical Part, included in
Eligibility and Section IV, Bidding Forms.
Qualifications of
the Bidder In accordance with Section III, Evaluation and Qualification Criteria,
to establish its qualifications to perform the Contract, the Bidder
shall provide the information requested in the corresponding
information sheets included in Section IV, Bidding Forms.

18. Period of Validity Bids shall remain valid for the period specified in the BDS. The Bid
of Bids Validity period starts from the date fixed for the Bid submission
deadline (as prescribed by the Employer in accordance with ITB
22.1). A Bid valid for a shorter period shall be rejected by the
Employer as nonresponsive.

In exceptional circumstances, prior to the expiration of the Bid

validity period, the Employer may request Bidders to extend the
period of validity of their Bids. The request and the responses
shall be made in writing. If a Bid Security is requested in
accordance with ITB 19, it shall also be extended for forty five
(45) days beyond the deadline of the extended validity period. A
 19

Bidder may refuse the request without forfeiting its Bid Security.
A Bidder granting the request shall not be required or permitted
to modify its Bid, except as provided in ITB 18.3.

If the award is delayed by a period exceeding fifty-six (56) days

beyond the expiry of the initial Bid validity period, the Contract
price shall be determined as follows:

(a) in the case of fixed price contracts, the Contract price

shall be the Bid price adjusted by the factor specified in
the BDS;
(b) in the case of adjustable price contracts, no adjustment
shall be made; or
(c) in any case, Bid evaluation shall be based on the Bid price
without taking into consideration the applicable
correction from those indicated above.

19. Bid Security The Bidder shall furnish as part of the Technical Part of its Bid, Bid
Security as specified in the BDS, in original form, in case of
Bid Security, in the amount and currency specified in the BDS.

A Bidder is required to submit, along with its BID, a BID Security of

1,99,17,000/- (One Crore Ninety nine Lac Seventeen Thousand
Rupee only. BID Security shall be submitted in the form of
Insurance Surety Bond, Account Payee Demand Draft, Banker’s
Cheque or Electronic Bank Guarantee (e-Bank Guarantee). The
Insurance Surety Bond shall be verified from the specific portal
created for this purpose. If it is not possible to furnish the E-
Bank Guarantee, Physical Bank Guarantee may be submitted.
All the Bank Guarantees shall be transmitted through SFMS
Getaway only to the CANARA Bank Transport Bhawan, 1
Parliament Street, New Delhi-110001, IFSC Code:
CNRB0019062 (Name of Beneficiary – PAO (NH), New Delhi).
A Form of Bank Gurantee for Bid Security is included in Section
IV, Bidding Forms.

If a Bid Security is specified pursuant to ITB 19.1, the Bid Security

shall be a demand guarantee in any of the following forms at the
Bidder’s option:
(a) an unconditional bank guarantee or Electronic Bank
Guarantee (e-Bank Guarantee issued by a Nationalized or
Scheduled bank located in India;
 20

(b) an irrevocable letter of credit issued by a Nationalized or

Scheduled bank located in India;
(c) Banker’s cheque or Account Payee demand draft issued
by a Nationalized or Scheduled bank located in India;
(d) Insurance Surety Bond
(e) another security specified in the BDS,
In the case of a bank guarantee, the Bid Security shall be submitted
using the Bid Security Form included in Section IV, Bidding
Forms. The form must include the complete name of the Bidder.
The Bid Security shall be valid for One hundred eighty (180)
days beyond the Bid Due Date, or beyond any period of
extension if requested under ITB 18.2.

If a Bid Security is specified pursuant to ITB 19.1, any Bid not

accompanied by a substantially responsive Bid Security in
accordance with ITB 19.3 shall be rejected by the Employer as
non-responsive.

If a Bid Security is specified pursuant to ITB 19.1, the Bid Security

of unsuccessful Bidders shall be returned as promptly as
possible upon the successful Bidder’s signing the Contract and
furnishing the Performance Security and if required in the BDS,
the Environmental and Social (ES) Performance Security
pursuant to ITB 50.

The Bid Security of the successful Bidder shall be returned as

promptly as possible once the successful Bidder has signed the
Contract and furnished the required Performance Security and if
required in the BDS, the Environmental and Social (ES)
Performance Security pursuant to ITB 50.

The Bid Security may be forfeited:

(a) if a Bidder withdraws/modifies/substitutes its Bid during
the period of Bid validity specified by the Bidder on the
Letter of Bid - Technical Part and repeated in Letter of
Bid - Financial Part, or any extension thereto provided by
the Bidder; or
(b) if the Bidder does not accept the correction of its Bid
Price pursuant to ITB 36; or
(c) if the successful Bidder fails to:
 21

(i) sign the Contract in accordance with ITB 49; or

(ii) furnish a Performance Security and if required in the
BDS, the Environmental and Social (ES) Performance
Security in accordance with ITB 50.

The Bid Security of a JV shall be in the name of the JV that submits

the Bid. If the JV has not been constituted into a legally
enforceable JV, at the time of Bidding, the Bid Security shall be
in the names of all future members as named in the letter of
intent mentioned in ITB 4.1 and ITB 11.2.

19.9 If a bid security is not required in the BDS pursuant to ITB

19.1, and
if a Bidder withdraws its bid during the period of bid validity specified
by the Bidder on the Letter of Bid, or
if the successful Bidder fails to sign the Contract in accordance with
ITB 41; or furnish a performance security in accordance with
ITB 42;
the Borrower may, if provided for in the BDS, declare the Bidder
ineligible to be awarded a contract by the Employer for a period
of time as stated in the BDS.

20. Format and The Bidder shall prepare the Bid, in accordance with this Instruction,
Signing of Bid ITB 11 and ITB 21.

Bidders shall mark as “CONFIDENTIAL” information in their Bids

which is confidential to their business.

The Bid shall be signed by a person duly authorized to sign on behalf

of the Bidder. This authorization shall consist of a written
confirmation as specified in the BDS and shall be uploaded
along with the Bid. The name and position held by each person
signing the authorization must be typed or printed below the
signature. All pages of the Bid where entries or amendments
have been made shall be signed or initialed by the person signing
the Bid.

In case the Bidder is a JV, the Bid shall be signed by an authorized

representative of the JV on behalf of the JV, and so as to be
legally binding on all the members as evidenced by a power of
attorney signed by their legally authorized representatives.
Documents establishing authority to sign the bid on behalf of the
JV shall be uploaded along with the bid.
 22

Any interlineations, erasures, or overwriting shall be valid only if they

are signed or initialled by the person signing the Bid.

D. Online Submission of Bids

21. Sealing and Bids, both Technical and Financial Parts, shall be submitted online on
Marking of Bids the e-procurement system specified in BDS 7.1. Detailed
guidelines for viewing bids and submission of online bids are
given on the website. The Request for Bids under this Project is
published on this website. Any citizen or prospective bidder can
logon to this website and view the Request for Bids and can view
the details of works for which bids are invited. A prospective
bidder can submit its bid online; however, the bidder is required
to have enrolment/registration in the website, and should have
valid Digital Signature Certificate (DSC) of Class III in the form
of smart card/e-token obtained from any certifying agency
authorised by the Government of India (for class of DSC
specified in BDS). The bidder should register in the website
using the relevant option available. Then the Digital Signature
registration has to be done with the e-token, after logging into
the website. The bidder can then login the website through the
secured login by entering the password of the e-token & the user
id/ password chosen during registration. After getting the bid
schedules, the Bidder should go through them carefully and
submit the specified documents, along with the bid, otherwise
the bid will be rejected. The bidders shall fill up online, the
forms that are available for online filling on the e-portal. The
rest of the forms shall be download by the bidders and filled up.
The filled up pages shall then be scanned and uploaded on the e-
procurement portal along with the scanned copies of the
supporting documents.
The e-Procurement system will scan the uploaded documents for
virus and if a document uploaded by bidder is found to have
virus, the system will reject the uploaded file. Bidders shall take
due care to ensure that the documents uploaded by them in e-
Procurement system are virus free. The e-Procurement system
restricts bidders from uploading file attachments larger than the
file size specified in BDS. Hence, the bidders are informed to
restrict the size of file attachments uploaded as part of their bid
response to less than this size per file.
The original (a) Bid Security in approved form, (b) Power of Attorney
(s), (c) payment documents towards the cost of bid document;
and registration on e-procurement website (if applicable), and
(d) affidavit regarding correctness of information furnished with
 23

bid document, shall be delivered by the Bidder to the office

specified in the BDS before the bid submission deadline. Hard
copy of rest of the bid or any other document are not to be
submitted.
In case of non-receipt of these original documents, the bid will be
declared non-responsive and will not be opened.

The completed bid comprising of documents indicated in ITB 12,

should be uploaded on the e-procurement portal along with
scanned copies of requisite certificates as are mentioned in
different sections in the bidding document and scanned copy of
the bid security.

All the documents are required to be signed digitally by the bidder.

After electronic online bid submission, the system generates a
unique bid identification number which is time stamped as per
server time. This shall be treated as acknowledgement of bid
submission.

Physical, e-mail, Telex, Cable or Facsimile bids will be rejected as

non-responsive.

22. Deadline for Bids, both Technical and Financial Parts, must be uploaded online no
Submission of Bids later than the date and time specified in the BDS.

The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the bidding document in
accordance with ITB 8, in which case all rights and obligations
of the Employer and Bidders previously subject to the deadline
shall thereafter be subject to the deadline as extended.

23. Late Bids The electronic bidding system would not allow any late submission
of bids after due date & time as per server time.

24. Withdrawal, 24.1 Bidders may modify their bids by using the appropriate option
Substitution, and for bid modification on e-procurement portal, before the
Modification of deadline for submission of bids. For this the bidder need not
Bids make any additional payment towards the cost of bid document.
For bid modification and consequential re-submission, the
bidder is not required to withdraw his bid submitted earlier. The
last modified bid submitted by the bidder within the bid
submission time shall be considered as the bid. For this purpose,
modification/withdrawal by other means will not be accepted.
In online system of bid submission, the modification and
consequential re-submission of bids is allowed any number of
times. A bidder may withdraw his bid by using the appropriate
option for bid withdrawal, before the deadline for submission of
 24

bids, however, if the bid is withdrawn, re-submission of the bid

is not allowed (or allowed if specified in BDS).

Bids requested to be withdrawn in accordance with ITB 24.1 shall not

be available in the system, and shall therefore not be opened.

No Bid may be withdrawn, substituted, or modified in the interval

between the deadline for submission of Bids and the expiration
of the period of Bid validity specified by the Bidder on the Letter
of Bid or any extension thereof. This will result in the forfeiture
of the Bid Security pursuant to ITB 19.7.
 25

E. Public Opening of Technical Parts of Bids

25. Public Opening of The Employer shall publicly open Technical Parts of all Bids received
Technical Parts of by the deadline, at the date, time and place specified in the BDS,
Bids in the presence of Bidders’ designated representatives and
anyone who chooses to attend, and this could also be viewed by
the bidders online. The Financial Parts of the bids shall remain
unopened in the e-procurement system, until the subsequent
public opening, following the evaluation of the Technical Parts
of the Bids. In all cases, original documents submitted as
specified in ITB 21 shall be first scrutinized, and Bids that do
not comply with the provisions of ITB 21 will be declared non-
responsive and will not be opened. Thereafter, bidders’ names,
the presence or absence of a Bid Security, if one was required,
alternative bids – technical parts, if any, and such other details
as the Employer may consider appropriate will be notified,
online by the Employer at the time of bid opening.
In the event of the specified date of bid opening being declared
a holiday for the Employer, the bids will be opened at the
appointed time and location on the next working day.

25.2 The electronic summary of the bid opening will be generated and
uploaded online. The Employer will also prepare minutes of the
Bid opening, including the information disclosed and upload the
same for viewing online. Only Technical Parts of Bids, and
technical parts of Alternative Bids if any, that are opened at
technical Bid opening shall be considered further for evaluation.

F. Evaluation of Bids – General Provisions

26. Confidentiality Information relating to the evaluation of Bids and recommendation of
contract award, shall not be disclosed to Bidders or any other
persons not officially concerned with the Bidding process until
information on Intention to Award the Contract is transmitted to
all Bidders in accordance with ITB 45. In cases where ITB 45 is
not applicable, such information shall not be disclosed until
Notification of Award is transmitted in accordance with ITB 47.

Any effort by a Bidder to influence the Employer in the evaluation of

the Bids or Contract award decisions may result in the rejection
of its Bid.

Notwithstanding ITB 26.2, from the time of Bid opening to the time
of Contract award, if a Bidder wishes to contact the Employer
 26

on any matter related to the Bidding process, it shall do so in

writing.

27. Clarification of To assist in the examination, evaluation, and comparison of the Bids,
Bids and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its Bid giving a
reasonable time for a response. Any clarification submitted by a
Bidder that is not in response to a request by the Employer shall
not be considered. The Employer’s request for clarification and
the response shall be in writing. No change, including any
voluntary increase or decrease in the prices or substance of the
Bid shall be sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Employer in the
evaluation of the Bids, in accordance with ITB 36.

If a Bidder does not provide clarifications of its Bid by the date and
time set in the Employer’s request for clarification, its Bid may
be rejected.

28. Deviations, During the evaluation of Bids, the following definitions apply:
Reservations, and
Omissions (a) “Deviation” is a departure from the requirements specified
in the bidding document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the bidding document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the bidding
document.

29. Nonmaterial Provided that a Bid is substantially responsive, the Employer may
Nonconformities waive any nonconformities in the Bid which do not constitute a
material deviation, reservation or omission.

Provided that a Bid is substantially responsive, the Employer may

request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the Bid related to
documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to
any aspect of the price of the Bid. Failure of the Bidder to
comply with the request may result in the rejection of its Bid.
 27

G. Evaluation of Technical Parts of Bids

30. Evaluation of In evaluating the Technical Parts of each Bid, the Employer shall use
Technical Parts the criteria and methodologies listed in this ITB and Section III,
Evaluation and Qualification Criteria. No other evaluation
criteria or methodologies shall be permitted.

31. Determination of The Employer’s determination of a Bid’s responsiveness is to be

Responsiveness based on the contents of the Bid itself, as defined in ITB 11.
A substantially responsive Bid is one that meets the requirements of
the bidding document without material deviation, reservation, or
omission. A material deviation, reservation, or omission is one
that:
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the
Contract; or
(ii) limit in any substantial way, inconsistent with the
bidding document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract;
or
(b) if rectified, would unfairly affect the competitive position
of other Bidders presenting substantially responsive Bids.

The Employer shall examine the technical aspects of the Bid

submitted in accordance with ITB 16, in particular, to confirm
that all requirements of Section VII, Works’ Requirements have
been met without any material deviation, reservation or
omission.

If a Bid is not substantially responsive to the requirements of the

bidding document, it shall be rejected by the Employer and may
not subsequently be made responsive by correction of the
material deviation, reservation, or omission.

32. Qualification of the The Employer shall determine to its satisfaction whether the eligible
Bidder Bidders that have submitted substantially responsive Bid -
Technical Parts meet the qualifying criteria specified in Section
III, Evaluation and Qualification Criteria.

The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications submitted
by the Bidder, pursuant to ITB 17. The determination shall not
take into consideration the qualifications of other firms such as
 28

the Bidder’s subsidiaries, parent entities, affiliates,

subcontractors (other than Specialized Subcontractors if
permitted in the bidding document), or any other firm different
from the Bidder.

If a Bidder does not meet the qualifying criteria specified in Section

III, Evaluation and Qualification Criteria, its Bid shall be
rejected by the Employer and may not subsequently be made
responsive by correction of the material deviation, reservation,
or omission.

Only Bids that are both substantially responsive to the bidding

document, and meet all Qualification Criteria shall have the
Financial Parts of their Bids opened at the second public
opening.

33. Subcontractors Unless otherwise stated in the BDS, the Employer does not intend to
execute any specific elements of the Works by subcontractors
selected in advance by the Employer.
The subcontractor’s qualifications shall not be used by the Bidder to
qualify for the Works unless their specialized parts of the Works
were previously designated by the Employer in the BDS as can
be met by subcontractors referred to hereafter as ‘Specialized
Subcontractors’, in which case, the qualifications of the
Specialized Subcontractors proposed by the Bidder may be
added to the qualifications.
Bidders may propose subcontracting up to the percentage of total
value of contracts or the volume of works as specified in the
BDS. Subcontractors proposed by the Bidder shall be fully
qualified for their parts of the Works.
The Bidder shall be responsible for ensuring that any proposed
subcontractor (both specialized subcontractors and others)
complies with the requirements of ITB 4, and that any Works to
be provided by the subcontractor comply with the requirements
of ITB 5 and ITB 11.2. The Bidder shall submit its Code of
Conduct that meets the requirements setout in Section IV-
Bidding Forms. The Bidder shall also submit an undertaking
from each proposed subcontractor to confirm that they have
read, understand and will comply with the Environmental and
Social (ES) obligations and Code of Conduct for Contractor’s
Personnel.

H. Public Opening of Financial Parts of Bids

 29

34. Public Opening of Following the completion of the evaluation of the Technical Parts of
Financial Parts the Bids, and the Bank has issued its no objection (if applicable),
the Employer shall notify in writing those Bidders whose Bids
were considered non-responsive to the bidding document or
failed to meet the Qualification Criteria, advising them of the
following information:

(a) the grounds on which their Technical Part of Bid failed to

meet the requirements of the bidding document;
(b) their Financial Part of Bid shall not be opened; and
(c) notify them of the date, time, and location for public
opening of Financial Parts of the Bids.

The Employer shall, simultaneously, notify in writing those Bidders

whose Technical Part have been evaluated as substantially
responsive to the bidding document and met all Qualifying
Criteria, advising them of the following information:
(d) their Bid has been evaluated as substantially responsive
to the bidding document and met the Qualification
Criteria;
(e) their Financial Part of Bid will be opened at the public
opening of the Financial Parts; and
(f) notify them of the date, time and location for public
opening of the Financial Parts of the Bids, as specified in
the BDS.
The opening date should allow Bidders sufficient time to make
arrangements for attending the opening. The Financial Part of
the Bids shall be opened publicly in the presence of Bidders’
designated representatives and anyone who chooses to attend,
and this could also be viewed by the bidders online. The bidder’s
names, the Bid prices, per lot (contract) if applicable, including
any discounts and Alternative Bid - Financial Part if any, and
such other details as the Employer may consider appropriate,
will be notified online by the Employer at the time of bid
opening.
In the event of the specified date of bid opening being declared
a holiday for the Employer, the bids will be opened at the
appointed time and location on the next working day.

The electronic summary of the bid opening will be generated and

uploaded online. The Employer will also prepare minutes of the
Bid opening, including the information disclosed and upload the
 30

same for viewing online. Only Financial Parts of Bids, Financial

Parts of Alternative Bids, and discounts that are opened at Bid
opening shall be considered further for evaluation.

I. Evaluation of Financial Parts of Bids

35. Evaluation of To evaluate the Financial Part, the Employer shall consider the
Financial Parts following:

(a) the Bid price, excluding Provisional Sums, if any;

(b) price adjustment for correction of arithmetic errors in

accordance with ITB 36.1;

(c) price adjustment due to discounts offered in accordance

with ITB 14.3;

(d) deleted;
(e) deleted; and
(f) the additional evaluation factors as specified in Section III,
Evaluation and Qualification Criteria.

The estimated effect of the price adjustment provisions of the

Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in Bid evaluation.

Deleted.

36. Correction of In evaluating the Financial Part of each Bid, the Employer shall
Arithmetical correct arithmetical errors on the following basis:
Errors
(a) if in the Letter of Bid – Financial Part, there are errors between
the sub-totals and total of the amounts, the former shall prevail
and the latter will be corrected accordingly; and
(b) if there is a discrepancy between words and figures, the amount
in words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in figures
shall prevail subject to (a) above.

Bidders shall be requested to accept correction of arithmetical errors.

Failure to accept the correction in accordance with ITB 36.1,
shall result in the rejection of the Bid and the Bid Security may
be forfeited in accordance with ITB Sub-Clause 19.7.

37. Conversion to Not used.

Single Currency
 31

38. Margin of Not applicable.

Preference

39. Comparison of The Employer shall compare the evaluated costs of all responsive and
Financial Parts qualified Bids to determine the Bid that has the lowest evaluated
cost.

40. Abnormally Low 40.1 An Abnormally Low Bid is one where the Bid price, in
Bids combination with other constituent elements of the Bid, appears
unreasonably low to the extent that the Bid price raises material
concerns as to the capability of the Bidder to perform the
Contract for the offered Bid price.
40.2 In the event of identification of a potentially Abnormally Low
Bid, the Employer, unless otherwise specified in the BDS, shall
seek written clarifications from the Bidder, including detailed
price analyses of its Bid price in relation to the subject matter of
the contract, scope, proposed methodology, schedule, allocation
of risks and responsibilities and any other requirements of the
bidding document.
40.3 After evaluation of the price analyses, in the event that the
Employer determines that the Bidder has failed to demonstrate its
capability to perform the Contract for the offered Bid Price, the
Employer shall reject the Bid.

41. Unbalanced or Deleted.

Front-Loaded Bids

42. Most Advantageous Having compared the evaluated costs of Bids, the Employer shall
Bid determine the Most Advantageous Bid. The Most Advantageous
Bid is the Bid of the Bidder that meets the Qualification Criteria
and whose Bid has been determined to be:
(a) substantially responsive to the bidding document; and
(b) the lowest evaluated cost.

43. Employer’s Right The Employer reserves the right to accept or reject any Bid, and to
to Accept Any Bid, annul the Bidding process and reject all Bids at any time prior to
and to Reject Any Contract Award, without thereby incurring any liability to
or All Bids Bidders. In case of annulment, all documents submitted and
specifically, Bid securities, shall be promptly returned to the
Bidders.

44. Standstill Period Standstill Period shall not apply.

 32

[Note 1: where it is proposed to permit Standstill Period, incorporate

all changes as indicated in Attachment 1 at the end of this
document.
Note 2: Standstill period shall not apply where only one bid is
submitted or where the bidding process is in response to an
emergency situation recognized by the Bank].

45. Notice of Intention Not used.

to Award

J. Award of Contract
46. Award Criteria Subject to ITB 43, the Employer shall award the Contract to the
successful Bidder. This is the Bidder whose Bid has been
determined to be the Most Advantageous Bid as specified in ITB
42.

47. Notification of Prior to the expiration of the Bid Validity Period, the Employer shall
Award transmit the Letter of Acceptance to the successful Bidder. The
Letter of Acceptance shall specify the sum that the Employer
will pay the Contractor in consideration of the execution of the
contract (hereinafter and in the Conditions of Contract and
Contract Forms called “the Contract Price”).
Within ten (10) Business Days after the date of transmission of the
Letter of Acceptance, the Employer shall publish the Contract
Award Notice which shall contain, at a minimum, the following
information:
(a) name and address of the Employer;
(b) name and reference number of the contract being awarded,
and the selection method used;
(c) names of all Bidders that submitted Bids, and their Bid
prices as read out at Bid opening, and as evaluated;
(d) names of all Bidders whose Bids were rejected either as
nonresponsive or as not meeting qualification criteria, or
were not evaluated, with the reasons therefor; and
(e) the name of the successful Bidder, the final total contract
price, the contract duration and a summary of its scope.

The Contract Award Notice shall be published on a National website

(GoI website http://tenders.gov.in or GoI Central Public
 33

Procurement Portal https://eprocure.gov.in/cppp/) or on the

Employer’s website, and on the e-procurement system.

Until a formal contract is prepared and executed, the notification of

award shall constitute a binding Contract.

48. Debriefing by the Not used.

Employer

49. Signing of Contract The Employer shall send to the successful Bidder the Letter of
Acceptance including the Contract Agreement. The Contract
Agreement shall incorporate all agreements between the
Employer and the successful Bidder.

Within twenty-eight (28) days of receipt of the Letter of Acceptance,

the successful Bidder shall (a) furnish the performance security
and if required in the BDS, the Environmental and Social (ES)
Performance Security in accordance with ITB Clause 50; (b) if
the successful bidder is a JV, it shall also furnish the JV
agreement duly signed by all the members, if it had submitted
only a letter of intent to execute the JV agreement along with the
bid; and (c) shall sign, date and return the Agreement to the
Employer along with the documents stated at (a) and (b) above.

50. Performance Within twenty-eight (28) days of the receipt of the Letter of
Security Acceptance from the Employer, the successful Bidder shall
furnish the Performance Security and if required in the BDS, the
Environmental and Social (ES) Performance Security in
accordance with the General Conditions of Contract, subject to
ITB 41.2 (b), using for that purpose the Performance Security
and ES Performance Security Forms included in Schedule-G.
The performance security and if required in the BDS, the
Environmental and Social (ES) Performance Security of a Joint
Venture shall be in the name of the Joint Venture specifying the
names of all members.

Failure of the successful Bidder to submit the above-mentioned

Performance Security and if required in the BDS, the
Environmental and Social (ES) Performance Security or to sign
the Contract Agreement shall constitute sufficient grounds for
the annulment of the award and forfeiture of the Bid Security
. In that event the Employer may award the Contract to the Bidder
offering the next Most Advantageous Bid.
Upon the successful Bidder’s signing the Agreement and furnishing
of the Performance Security and if required in the BDS, the
Environmental and Social (ES) Performance Security pursuant
 34

to ITB Clause 50.1, the Employer shall promptly notify the name
of the winning bidder to each unsuccessful bidder and shall
discharge the Bid Securities of the bidders pursuant to ITB
Clause 19.5 and 19.6.

51.1 A Bidder is required to submit, along with its technical Bid, a

51.Local Content and
Self-Certification that the item offered meets the local content
Make in India
requirement for Class-I local supplier' /Class-II local supplier',
Requirement
as the case may be. The Self certification shall also have details
of the location(s) at which the local value addition is made. In
case, bidder has not submitted the aforesaid certification the
bidder will be treated as Non-Local supplier'. In the above
pretext, the class-I Local supplier, Class-II Local suppliers and
the Non-Local supplier are defined as under:
(i) Class-I Local supplier means a Supplier or service provider
whose good, services or works offered for procurement, meets
the minimum local content as prescribed for class-I local
supplier’ under this RFB. The local content requirement to
categorize a supplier as class-I local supplier is minimum 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 RFB. The local content requirement to
categorize a supplier as Class-II local supplier’ is minimum
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 RFB.
(iv) Local content means the amount of value added in India which
shall be the total value of item procured (excluding net domestic
indirect taxes) minus the value of imported content in the item
(including all customs duties) as a proportion of the value, in
percent.
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.
 35

51.2 All order of ministry of finance / DPIIT/any other Government

agencies, as applicable and prevalent on the date of LOA, shall
be applicable.
51.3 Entities of countries which have been identified by Ministry of
Road Transport & Highways as not allowing Indian companies
to participate in their Government procurement for any item
related to Ministry of Road Transport & Highways shall not be
allowed to participate in Government procurement in India for
all items related to Ministry of Road Transport & Highways,
except for the list of items published by the Ministry of Road
Transport & Highways permitting their participation.
51.4 For determining the eligibility of Bidder from a country which
shares a land border with India the following shall apply:

(i) Any Bidder from a country which shares a land

border with India will be eligible to bid, only
if the Bidder is registered with the Competent
Authority, specified in Annexure-I of Order
(Public Procurement No.1) issued by Ministry
of Finance, Department of Expenditure Public
Procurement Division vide F. No.6/18/2019-
PPD, dated 23rd July 2020, which shall form an
integral part of RFP and DCA (Copy Enclosed).

(ii) “Bidder from a country which shares a land

border with India” means:

a) An entity incorporated, established or

registered in such a country, or
b) a subsidiary of the entity incorporated,
established or registered in such a country; or
c) An entity substantially controlled trough
entities incorporated, established or registered
in such a country; or
d) An entity whose beneficial owner is situated in
such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a
country; or
g) A Consortium or joint venture where any
member of the consortium or joint venture falls
under above.
 36

(iii) Beneficial owner for the purpose of (ii) above

means:

1. In case of a company or Limited Liability

Partnership, the beneficial owner is natural
persons(s), who, weather acting alone or together,
or through one more or more judicial person, has
controlling ownership interest or who exercises
control through other means.

Explanation:

a) “Controlling ownership interest” means

ownership or entitlement to more than twenty-
five per cent of shares or capital or profits of
the company.

b) “Control” shall include the right to appoint

majority of directors or to control the
management of policy decision including by
virtue of their shareholding or management
rights or shareholding agreement or voting
agreements; or
2. In case of a partnership firm, the beneficial, owner
is the natural person(s) who, weather acting alone
or together, or though one or one or major juridical
person: has ownership or entitlement to more than
fifteen percent of capital or profits of the
partnership;

3. In case of unincorporated association or body of

individuals, the beneficial owner is the natural
person(s), who, weather acting alone or together,
or though one or one or major juridical person: has
ownership or entitlement to more than fifteen
percent of the property or capital or profit of such
association or body of individual.

4. Where no natural person is identified under (1) or

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

5. In case of a trust, the identification of beneficial

owner(s) shall include identification of the author
 37

of the trust, the trustee, the beneficiaries with

fifteen percent or more interest in the trust and any
other natural person exercising ultimate effective
control over the trust through a chain of control or
ownership.

(iv) An Agent is a person employed to do any act for

another, or to represent another in dealings with third
person.

(v) The Selected Bidder shall not be allowed to sub-

contract works to any contractor from a country
which shares a land border with India unless such
contractor is registered with the Competent
Authority. The definition of "contractor from a
country which shares a land border with India" shall
be as in Clause 2.2.1 (d)(ii) above.

Certificate regarding Compliance:

A certificate on the letterhead of the Bidder shall be required

to be submitted by the bidders certifying the following in the
format prescribed at Appendix-IX:

"I/We have read the clause regarding restrictions on

procurement from a bidder of a country which shares a land
border with India and on sub-contracting to contractors from
such countries;
I/We 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 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/We hereby certify that this bidder fulfils all requirements in
this regard and is eligible to be considered."

It may be noted that in case the above certification is found to

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

Validity of Registration:
In respect of RFP, registration should be valid at the time of
submission of bids and at the time of acceptance of bids. If the
Bidder was validly registered at the time of acceptance,
 38

registration shall not be a relevant consideration during

contract execution.
51.5 The bidder shall be declared as the selected Bidder (the “Selected
Bidder”) in pursuance to the procedure defined hereunder:
(i) Among all the responsive bidder, the lowest bidder will be
termed as L1. If L1 is ‘Class-I Local Supplier’, the contract will
be awarded to L1.
(ii) If L1 is not ‘Class - I local supplier’ the lowest bidder among
the ‘Class - I local supplier’, will be invited to match L1 price
subject to Class I local supplier’s quoted price falling within the
margin of purchase preference, and the contract will be awarded
to such ‘Class - I local supplier’ subject to matching the L1 price.
(iii) In case such lowest eligible ‘Class - I local supplier’ fails to
match the L1 price, the ‘Class - I local supplier’ with the next
higher bid within the margin of purchase preference shall be
invited to match the L1 price and so on and contract shall be
awarded accordingly. In case none of the ‘Class - I local
supplier’ within the margin of purchase preference matches the
L1 price, the contract shall be awarded to the L1 bidder.
‘Margin of purchase preference’ means the maximum extent to
which the price quoted by a ‘Class - I local supplier’ may be
above the L1 for the purpose of purchase preference. The margin
of purchase preference shall be 20%.
51.6 (VI) Self- certification by the Bidder that its Bid meets the Local
Content requirement for ‘Class - I Local supplier’/ ‘Class - II
Local supplier’, as the case may be. The Self certification shall
also have details of the location(s) at which the local value
addition is made. In case, bidders do not submit the aforesaid
Certification, the bidder will be summarily treated as ‘Non Local
Supplier’.
In case of procurement for a value in excess of Rs 10 crores, the
‘Class - I Local supplier’/ ‘Class - II Local supplier’ shall have
to provide a Certificate from the Statutory Auditor or Cost
Auditor of the Company (in case of Companies) or from a
practicing Cost Accountant or practicing Chartered Accountant
(in respect of Suppliers other than Companies) giving the
percentage of Local Content upon Construction of the Project.

52.1 It is mandatory to all the prospective bidders that in addition to

52. Bidder Information
uploading details on CPPP Portal and/ or submission of hard
Management System
copy of the Technical Proposal as per the requirement of RFB
(BIMS)
document, all are directed to upload on BIMS Portal their
 39

company related details, which may be used by MoRTH for

cross verification. The potential bidders shall submit their online
technical data through the BIMS portal and shall apply for this
RFB before or up to the bids submission date. On submission of
their bids, the BIMS portal would generate a certificate
indicating that the technical information has been successfully
submitted. The potential bidders shall continue to submit their
financial bid through the CPP portal. Further, the potential
bidders shall upload the certificate generated by BIMS regarding
successful submission of online technical information on the
CPP portal. Any potential bidder found missing from BIMS will
be summarily disqualified and his bids will be rejected.
52.2 Submission in support of Technical Capacity: The Bidder shall
update details of Experience (Ongoing and completed Projects)
on the Bidder information Management System (BIMS)
[www.bims.gov.in] on a regular basis. The details of Eligible
Experience for the last 5 financial years, necessary information
relating to Technical Capacity and Project Specific Information
shall be taken from the information uploaded on BMS”.
52.3 Submission in support of Financial capacity: The Bidder shall
upload financial details along with supporting financial
documents (E.G. Audited Annual Report) on BIMS on a regular
basis. In case the annual accounts for the latest financial
year are not audited and therefore the Bidder cannot make it
available, the Bidder shall give an undertaking on BIMS to this
effect and the statutory auditor shall certify the same. In such a
case, the Bidder shall provide the Audited Annual Reports for 5
(five) years preceding the year for which the Audited Annual
Report is not being provided.
52.4 The Bidder shall first upload all the project details, net worth
details, turnover details, bridge and tunnel details and all other
details required in this RFB on BIMS portal for technical
qualification. The Bidder shall ensure that all the details are
updated as on the due date of submission of this bid.
52.5 The Bidder shall then apply for the RFB on the CPPP website
https://eprocure.gov.in/eprocure/app and BIMS portal
concurrently by submitting the documents mentioned below
along with the supporting documents which shall comprise of
the Technical BID on the CPPP portal.
52.6 Late BIDs: E-procurement portal CPPP website
https://eprocure.gov.in/eprocure/app and BIMS
 40

[www.bims.gov.in] shall not allow submission of any Bid after

the prescribed date and time.
52.7 It is mandatory for the Bidders to get their firms registered on
BIMS portal at www.bims.gov.in.The Bidders shall update their
project and other details on the portal on a regular basis and
apply to the tenders via the portal.
52.8 Bid must be submitted online only through e-procurement portal
https:// eprocure.gov.in/eprocure/app using the digital signature
of authorised representative of the Bidder and must apply
concurrently on BIMS portal [www.bims.gov.in.] as per NIT.
52.9 Technical BID of only those Bidders shall be online opened
whose documents listed as per RFB have been physically
received and the details have been uploaded on BIMS along with
application to the tender on BIMS. The MoRT&H will
subsequently examine and evaluate the BIDs in accordance with
the provisions of RFB. Further any falsification of any data
uploaded on BIMS shall attract penalties including complete
rejection of the bid by the Authority without assigning any
reason whatsoever
 41

Section II - Bid Data Sheet (BDS)

The following specific data for the Works to be procured shall complement, supplement, or
amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the
provisions herein shall prevail over those in ITB.

ITB A. General
Reference
ITB 1.1 The number of the Request for Bids is: 1 [One]
The Employer is: Ministry of Road Transport & Highways, Government of
India
The reference number of the Request for Bids (RFB) is:
GNHCP_RAJ_NH-158-7A
The name of the RFB is: “Balance Works of Rehabilitation and Upgradation
to 4-lane configuration of Ras-Beawar Section (Km 0.000 to Km 30.050) of
NH-158 in the State of Rajasthan under Green National Highways Corridor
Project (GNHCP) with the loan assistance of World Bank on EPC mode.”
The number and identification of lots (contracts) comprising this RFB is:
One
ITB 1.2 The Employer shall use the e-procurement system specified in BDS 7.1.
ITB 2.1 The Borrower is: Government of India.
Loan or Financing Agreement amount: 500 Million US$ The name of the
Project is: Green National Highways Corridor Project
ITB 4.1 Bids from Joint ventures are acceptable.

Where Joint Ventures are permitted:

(a) Maximum number of members in the Joint Venture (JV) shall be: 03 Nos
(b) Place where the agreement to form JV to be registered is Delhi.
(c) A statement to the effect that all members of the joint venture shall be
jointly and severally liable for the execution of the entire Contract in
accordance with the Contract terms, shall be included in the authorization
nominating a Representative or member in charge, as well as in the Bid and
in the Agreement [in case of a successful bid].
(d) The joint venture agreement should define precisely the division of
assignments to each member of JV. All members of JV should have active
participation in the execution during the currency of the contract. This
should not be varied/ modified subsequently without prior approval of the
Employer.
 42

ITB 4.5 A list of debarred firms and individuals is available on the Bank’s external
website: http://www.worldbank.org/debarr.

B. Contents of Bidding Document

ITB 7.1 Electronic – Procurement System
The Employer shall use the following electronic-procurement system to
manage this Bidding process:
http://eprocure.gov.in/eprocure/app The electronic-procurement system
shall be used to manage the following aspects of the Bidding process:
http://eprocure.gov.in/eprocure/app
Requests for clarification should be received by the Employer no later than:
14 days prior to the deadline for submission of bids
ITB 7.4 A Pre-Bid meeting Shall take place.
on 16th Oct. 2024 at 03:00 PM in Conference Room ,Jeevan Bharti
Building, MoRTH, Ground Floor, 124, Connaught Place, New Delhi-
110001

A site visit shall not be organized by the Emloyer.

C. Preparation of Bids
ITB 11.2 (j) The Bidder shall submit the following additional documents in its Bid: [list
any additional documents not already listed in ITB 11.2 that must be
submitted with the Bid – Technical Part. The list of additional documents
should include the following:]
(i) Contractor Registration certificate on e-procurement system as per RFB,
if applicable
(ii) Code of Conduct for Contractor’s Personnel (ES)
The Bidder shall submit its Code of Conduct that will apply to its employees
and subcontractors, to ensure compliance with its Environmental and Social
(ES) obligations under the contract. The Bidder shall use for this purpose the
Code of Conduct form provided in Section IV. No substantial modifications
shall be made to this form, except that the Bidder may introduce additional
requirements, including as necessary to take into account specific Contract
issues/risks.
Management Strategies and Implementation Plans (MSIP) to manage
the (ES) risks
The Bidder shall submit Management Strategies and Implementation Plans
(MSIP) to manage the following key Environmental and Social (ES) risks.
ITB 11.3 (c) The Bidder shall submit the following additional documents in its Bid: None
 43

ITB 13.1 Alternative Bids shall not be permitted.

ITB 13.2 Alternative times for completion shall not be permitted.
ITB 13.3 Not Applicable
ITB 13.4 Alternative technical solutions shall not be permitted for any parts of the
Works
ITB 14.5 The prices quoted by the Bidder shall be subject to adjustment during the
performance of the Contract.

ITB 18.1 The Bid validity period shall be 120 days

ITB 18.3 (a) The Bid price shall be adjusted by the following factor: 5 % per annum.

ITB 19.1 The bidder has to submit Bid Security during the period of validity i.e. not
less than 180 (one hundred eighty) days from the bid due date or if the bidder
is awarded the contract and fail to sign the contract or to submit a
performance security before the deadline define in the request for bid
documents, the bidder will be suspended for a period of one year from the
bid due date, from being eligible to submit bids for contracts with the entity
that invited the bids. The bid security shall be submitted as per the format
prescribed in RFB”.

ITB 19.3 (d) Other types of acceptable securities are: None

ITB 20.3 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of:
(a)Legally valid Power of Attorney is required to demonstrate the authority
of the signatory to sign the Bid; and
(b) In the case of Bids submitted by an existing or intended JV, if permitted
as per ITB 4.1, the authorization shall be evidenced by a Power of Attorney
signed by legally authorized signatories of all the members.”]

D. Online Submission of Bids

ITB 21.1 Class of DSC required is: Class III

ITB 21.2 The e-Procurement system restricts bidders from uploading file attachments
larger 5 MB per file.
ITB 21.3 For submission of original documents, the Employer’s address is:
Attention: Shri Ravinder
Superintending Engineer (EAP)
Ministry of Road Transport & Highways
 44

Jeevan Bharti Building, MoRTH, Ground Floor, 124, Connaught

Place, New Delhi-110001.
ITB 22.1 The deadline for uploading the Bids is:
Date: 05th November, 2024
Time: 11:00 AM
ITB 24.1 Re-submission of the bid is not allowed, if withdrawn.
E. Public Opening of Technical Parts of Bids
ITB 25.1 The online Bid opening of Technical Parts of Bids shall take place at
Transport Bhawan, New Delhi
Shri Ravinder
Superintending Engineer (EAP)
Ministry of Road Transport & Highways
Jeevan Bharti Building, MoRTH, Ground Floor, 124,
Connaught Place, New Delhi-110001.
F. Evaluation of Bids – General Provisions
ITB 27.2 ITB 27.2 is modified as under:
‘If a Bidder does not provide clarifications of its bid by the date and time set
in the Employer’s request for clarification, its bid will be evaluated based on
the available information and interpretation of the Employer.’
G. Evaluation of Bids - Technical Parts
ITB 33.1 At this time the Employer does not intend to execute certain specific parts
of the Works by subcontractors selected in advance.
ITB 33.2 Not applicable
ITB 33.3 (a) Contractor’s proposed subcontracting: Maximum percentage of
subcontracting permitted is: 49 % of the total contract amount
(b) Bidders planning to subcontract any specilized works shall specify, in the
Letter of Bid, the activity (ies) or parts of the Works to be subcontracted along
with complete details of the subcontractors and their qualification and
experience. The qualification and experience of the sub-contractors must meet
the minimum criteria for the relevant work to be sub-contracted failing which
such sub-contractors will not be permitted to participate.

(c) Subcontractors’ qualification and experience will not be considered for

evaluation of the Bidder. The Bidder on its own (without taking into account
the qualification and experience of the sub-contractor) should meet the
qualification criteria.
 45

(d) All obligations and liabilities under this Agreement for the entire Work
shall at all times remain with the Contractor, irrespective of the
subcontracting done through specialized and other subcontractors.
[Note-Work should not be split into small parts and sub-contracted].
H. Public Opening of Financial Parts
ITB 34.2 (c) The online bid opening of Financial Parts of Bids shall take place at the
office of:
Superintending Engineer (EAP)
Jeevan Bharti Building, MoRTH, Ground Floor, 124,
Connaught Place, New Delhi-110001.
th
Date: 28 November, 2024
Time: 11:00 AM
[Note: The Financial Parts of the bids shall not be opened earlier than seven
(7) days from the communication of technical evaluation results to the
bidders]
In addition to the above the Employer shall publish a notice of the public
opening of the Financial Parts of the Bid on its website
eprocure.gov.in/eprocure/app

I. Evaluation of Bids - Financial Parts

ITB 40.2 Provisions related to Abnormally Low Bids do not apply
ITB 43.1 In case of annulment of Bids, the original Bid Security other than in the form
of Bank Guaranttee (as per clause ITB 19.3(d)) and Power of Attorney(s) only
shall be returned to the Bidders.
ITB 44.1, Standstill Period shall not apply
44.2 & 44.3

J. Award of Contract
ITB 49.1 Add the following at the end of this sub-clause:
“Bidder shall give its consent to enter into this Agreement and the
enforceability of the provisions thereof, within 10 (ten) business days of the
date of issue of Letter of Acceptance.”

ITB 49.2 In this sub-clause after ‘(a) furnish the performance security’ insert the
following: ‘(including additional performance security (if any, in terms of
ITB 50.1)’.

ITB 50.1 The selected bidder is required to furnish the Performance Security equal to
5% (five percent) of Contract price and Environmental and Social (ES)
Performance Security amount is 2% (two percent) of Contract Price. The
standard forms of Performance Security and ES Performance Security shall
 46

be irrevocable and unconditional guarantees from Scheduled/Nationalized

Banks in the forms set forth in Schedule-G.
Add the following sub-paragraph at the end of this sub-clause:
“Additional Performance Security:
(a) If the Bid price offered by the selected bidder is lower than 20% of the
estimated project cost, the additional performance security shall be
calculated @ 20% of the difference in the (i) Estimated Project Cost (as
mentioned in RFB)-20% of the Estimated Project Cost and (ii) the Bid
Price offered by the selected Bidder.
(b) Maximum limit of additional performance security shall be limited to
3% of the Bid price offered by the selected Bidder.
(c) The additional performance security shall be treated as part of the
performance security.
(d) in any case the total demand guarantees (Performance Security
including Additional Performance Security and ES Performance
Security) shall not exceed 20% of the Contract Price.”

ITB 50.1 The successful Bidder shall also be required to submit an Environmental and
Social (ES) Performance Security equal to 2 % (two percent) of Contract
Price.
Throughout this bidding document the term ’performance security’ always
means the ‘performance security including additional performance security
(if any, in terms of ITB 50.1)’, and unless the context clearly indicates
otherwise ’performance security’ also means and includes ‘the ES
performance security’ to be submitted by the successful bidder in the
amounts specified in Section VII Conditions of Contract Article 7, Clause
7.1.
 47

Section III - Evaluation and Qualification

Criteria

Table of Criteria

(i) Technical Part

(ii) Financial Part
 48

1. Technical Part
1.1 Adequacy of Technical Proposal
Evaluation of the Bidder's Technical Proposal will include

(i) an assessment of the essential technical and functional/performance characteristics

of the proposed Works demonstrating substantial responsiveness of the Works to the
Employer’s Requirements without any material deviation, reservation, or omission.

(ii) an assessment of the Bidder's technical capacity to mobilize key equipment and
personnel for the contract consistent with its proposal regarding work methods,
scheduling, material sourcing, and quality control/ assurance in sufficient detail and
fully in accordance with the requirements stipulated in Section VII, Works’
Requirements.

For this purpose, the Bidder should also submit:

A detailed note outlining its proposed methodology and program of construction

including Environmental and Social Management Strategies and Implementation Plans
(ES-MSIP), backed with equipment, materials and manpower planning and
deployment, duly supported with broad calculations and quality control
system/assurance procedures proposed to be adopted, justifying their capability of
execution and completion of the work requirements within the stipulated period of
completion as per milestones.

(ii) an assessment of the details of subcontracting elements of works amounting to more

than 5% of the bid price; for each element proposed to be sub contracted furnish details
whether the identified Sub-contractor possesses the required qualifications and
experiences to execute that element satisfactorily. [Work should not be split into small
parts and sub-contracted].

(iii)Bidders shall submit an undertaking from each proposed subcontractor to confirm

that they have read, understand and will comply with the ES obligations and Code of
Conduct for Contractor’s Personnel (ES) as well as Government or Employer directives
on prevention and containment of COVID-19.
(iv) Bidder shall submit an undertaking/compliance of the following in respect of EHS:
(a) Details of Contracting Entity’s HSE policy, manual and HSE plan/procedures.
(b) Affidavit stating that no penalties/fines or penal action has been taken on the
company/its staff/works that they have been engaged in by any regulatory body
(Courts/CRZ Authority/Forest and Environment Department/Pollution Control
Board/National Green Tribunal/Department of Labour or any such regulatory or legal
entity).
(c) Undertaking stating that EHS performance of Company has been ‘satisfactory’ and
no monetary ‘deduction/retention’ was made on account of HSE non-compliance in
last 5 years.
 49

1.2 Alternative Technical Solutions for specified parts of Works (ITB

13.4) – Not Applicable

1.3Specialized Subcontractors
‘Not Applicable’
 50

2.1 Qualification Criteria

Pursuant to ITB 32.1, the Employer shall assess each Bid against the following Qualification
Criteria. Requirements not included in the text below shall not be used in the evaluation of the
Bidder’s qualifications.
 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
1. Eligibility
1.1 Nationality Nationality in accordance Must meet Must meet Must meet N/A Forms ELI – 1.1 and
with ITB 4.4 requirement requirement requirement 1.2, with attachments
1.2 Conflict of No conflicts of interest in Must meet Must meet Must meet N/A Letter of Bid
Interest accordance with ITB 4.2 requirement requirement requirement
1.3 Bank Eligibility Not having been declared Must meet Must meet Must meet N/A Letter of Bid
ineligible by the Bank, as requirement requirement requirement
described in ITB 4.5.
1.4 State-owned Meets conditions of ITB Must meet Must meet Must meet N/A Forms ELI – 1.1 and
enterprise or 4.6 requirement requirement requirement 1.2, with attachments
institution of the
Borrower
country
1.5 United Nations Not having been Must meet Must meet Must meet N/A Forms ELI – 1.1 and
resolution or excluded as a result of requirement requirement requirement 1.2, with attachments
Borrower’s prohibition in the
country law Borrower’s country laws
or official regulations
against commercial
relations with the
Bidder’s country, or by
an act of compliance with
UN Security Council
resolution, both in
accordance with ITB 4.8
and Section V.
2. Historical Contract Non-Performance
2.1 History of Non- Non-performance of a Must meet Must meet Must meet N/A Form CON-2
Performing requirement7 & requirements
8
Contracts
 52

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
contract1 did not occur as requirement2
a result of contractor
default since 1st January
2019
2.2 Suspension Not under suspension Must meet Must meet Must meet N/A Letter of Bid
Based on based on execution of a requirement requirement requirement
Execution of Bid/ Proposal Securing
Bid/ Proposal pursuant to ITB 4.7 or
Securing by the withdrawal of the Bid
Employer or pursuant ITB 19.7
withdrawal of
the Bid within
Bid validity
period
2.3 Pending Bidder’s financial Must meet N/A Must meet N/A Form CON – 2
Litigation position and prospective requirement requirement
long-term profitability
sound according to
criteria established in 3.1
below and assuming that
all pending litigation will
be resolved against the
Bidder
2.4 Litigation No consistent history of Must meet Must meet Must meet N/A Form CON – 2
History court/arbitral award requirement requirement requirement

1
Non-performance, as decided by the Employer, shall include all contracts where (a) non-performance was not challenged by the contractor, including through
referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor. Non-
performance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Non-performance must be based on all
information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the
respective contract and where all appeal instances available to the Bidder have been exhausted.
2
This requirement also applies to contracts executed by the Bidder as JV member.
 53

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
decisions against the
Bidder3 since 1st January
2019.
2.5 Declaration: Declare any civil work
Must make the Each must
Environmental contracts that have been
declaration. make the
and Social suspended or terminated
Where there declaration.
(ES) past and/or performance
are Specialized Where there
performance security called by an
Sub- are Specialized
employer for reasons Form CON-3 ES
contractor/s, Sub-
related to the non- N/A N/A Performance
the Specialized contractor/s,
compliance of any Declaration
Sub- the Specialized
environmental, or social,
contractor/s Sub-
(including sexual
must also contractor/s
exploitation and assault)
make the must also make
contractual obligations in
declaration. the declaration.
the past five years4.

3. Financial Situation and Performance

3.1 Financial (i) The Bidder shall Must meet Must meet Must meet at Must meet at Form FIN – 3.1, with
Capabilities demonstrate that it has requirement Requirement least 20% of least 50% of attachments
access to, or has the the Form Fin 3.3
available, liquid assets, requirement as requirement
unencumbered real a minimum as a
assets, lines of credit, and minimum
other financial means
(independent of any
contractual advance
payment) sufficient to

3
The Bidder shall provide accurate information on the Letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under its
execution over the last five years. A consistent history of court/arbitral awards against the Bidder or any member of a joint venture may result in disqualifying the
Bidder.
4
The Employer may use this information to seek further information or clarifications in carrying out its due diligence.
 54

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
meet the construction
cash flow requirements
estimated as Rs. 20
Crores (Rupees Twenty
Crores) for the subject
contract(s) net of the
Bidder’s other
commitments.

(ii) The Bidders shall also Must meet Must meet N/A N/A
demonstrate, to the requirement requirement
satisfaction of the
Employer, that it has
adequate sources of
finance to meet the cash
flow requirements on
works currently in
progress and for future
contract commitments.
(iii) The audited Must meet N/A Must meet N/A
balance sheets or, if not requirement requirement
required by the laws of
the Bidder’s country,
other financial
statements acceptable
to the Employer, for
the last five years shall
be submitted and must
demonstrate the
current soundness of
the Bidder’s financial
position and indicate
 55

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
its prospective long-
term profitability.
3.2 Average Annual Minimum average Must meet Must meet Must meet Must meet Form FIN – 3.2
Construction annual construction requirement requirement 25%, (twenty 50%, (fifty
Turnover turnover of Rs. 199.19 five percent) of percent) of
Crore [One Hundred the the
requirement requirement
Hundred and Ninety
Nine crore only],
calculated as total
certified payments
received for contracts
in progress and/or
completed within the
last five financial years
(updated to the price
level of the year at the
rate of 5% per year),
divided by five.

4. Experience
4.1 General Experience under Must meet Must meet Must meet 25%, Must meet Form EXP – 4.1
(a) Construction construction contracts in requirement requirement (twenty five 50%, (fifty
Experience the role of prime percent) of the percent) of the
contractor, JV member, requirement requirement
subcontractor, or
management contractor
for the period from
01.04.2019 to
31.03.2024.
The firm should have the
 56

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
Technical Capacity more
than the Threshold
Technical Capacity which
is equal to 1.5 times the
estimated contract value
of the project.
For demonstrating
technical capacity and
experience (the
“Technical Capacity”),
the Bidder shall, over the
period from 01.04.2019 to
31.03.2024, have
received payments for
construction of Eligible
Project(s)5 in any mode of
execution like Item rate,
EPC, PPP6 etc., such that
the sum total thereof, as

5
For PPP projects, the capital cost of the project should be more than 10% of the amount specified as the Estimated Project Cost.
For EPC and Item Rate projects, receipts of or work executed amount less than 10% of the amount specified as the Estimated Project Cost, shall not be reckoned
as receipts for Eligible Projects.
6
For the Project considering under PPP:
(a) the entity claiming experience should have held, in the company owning the Eligible Project, a minimum of 26% (twenty-six per cent) equity during the entire
year for which Eligible Experience is being claimed;
(b)the entity claiming experience shall, during the last 5 (five) financial years preceding the Bid Due Date, have itself undertaken the construction of the project
for an amount equal to at least one half of the Project Cost of eligible projects, excluding any part of the project for which any contractor, sub-contractor or
other agent was appointed for the purposes of construction
 57

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
further adjusted in
accordance with the
weightage factor of 1.0 for
Highways Sector and
0.75 for Core Sector, is
more than Rs. 299
Crores (Rs. Two
Hundred Ninety Nine
crore) (updated to the
price level of the year at
the rate of 5% per year)
(the “Threshold
Technical Capacity”).

The description of works

under Highways Sector
and Core Sector is
described as below:

(a) Highways Sector

(Weightage Factor of
1.0) - would be deemed
to include highways,
expressways, bridges,
tunnels, runways,
railways (construction/re-
construction of railway
tracks, yards for keeping
containers etc.) metro rail
 58

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
and ports (including
construction/re-
construction cost of
Jetties, any other linear
infrastructure including
bridges etc.); and

(b) Core Sector

(Weightage Factor of
0.70): would be deemed
to include civil
construction cost of
power sector, commercial
setups (SEZs etc.),
airports, industrial parks/
estates, logistic parks,
pipelines, irrigation, water
supply, sewerage and
real estate development.

4.2 Specific (i) A minimum number of Must meet NA NA Must meet Form EXP 4.2(a)
(a) Construction & requirement
one similar contract the
Contract
Management
specified below that has requirement
Experience been satisfactorily and
substantially7 completed
as a prime contractor,

7
Substantial completion shall be based on 90% or more works completed under the contract.
 59

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
joint venture member8,
management contractor
or sub-contractor9
between 1st April 2019
and bid submission
deadline:
(i) One contract of
minimum value Rs. 80
crore (Rs. Eighty Crore)
(updated to the price level
of the year at the rate of
5% per year);
The similar work shall be
atleast one project of
construction of 4-laning
divided carriageway
executed on National
Highways /State
Highways/
Expressways.17.1.
4.2 Specific Not Applicable
(b) Construction
Experience
4.2 Specific Design
(c) Experience Not Applicable

8
For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meet this
requirement
9
For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meet this
requirement
 60

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member

4.2 Specific DELETED

(d) Experience in
managing ES
aspects
[Note: Other specific construction experience e.g. in Operations may be specified if, as necessary]

4.2 Bid Capacity Available Bid Capacity Must meet Must meet Must meet Must meet Form FIN 2.4 &
(e) should be more than requirement requirement 40% (Forty 60% EXP 1
value of the Contract percent) of (Sixty
applied for the percent) of
requirement the
requireme
nt
Bid Capacity: The available bid capacity will be calculated as under:
Bidders who inter alia meet the minimum qualification criteria will be qualified only if their available BID capacity is more
than the total BID value. The available BID capacity will be calculated as per following, based on information mentioned
at Annexure-VI of Appendix-IA:

Assessed Available BID capacity = (A*N* 1.5 – B), Where

N= Number of years prescribed for completion of work for which Bid is invited.

A = Maximum value of civil engineering works in respect of construction Projects executed in any one year during the
last five years (updated to the price level of the year at the rate of 5% per year) taking into account the completed as
well as works in progress. The construction projects include turnkey project/ Item rate contract/ Construction works.
 61

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended) where
No. Subject Requirement Single Entity permitted Submission
All members Each Member At least one Requirements
Combined Member
B = Value (updated to the price level of the year at the rate of 5% per year) of existing commitments, works for which
Appointed Date/ Commencement Date has been declared or on-going works to be completed during the period of
completion of the works for which BID is invited. For the sake of clarification, it is mentioned that works for which
LOA has been issued but Appointed Date/ Commencement Date not declared as on Bid Due Date shall not be
considered while calculating value of B.

Note:
1. The Statement showing the value of all existing commitments, works for which Appointed Date/ Commencement Date
has been declared and ongoing works as well as the stipulated period of completion remaining for each of the works listed
should be countersigned by the Client or its Engineer-in-charge not below the rank of Executive Engineer or equivalent in
respect of EPC Projects or Concessionaire / Authorised Signatory of SPV in respect of BOT Projects and verified by
Statutory Auditor.

2. While claiming technical experience as per Clause 4.1 (a) and Clause 4.2 (a) of Eligibility and Qualification Criteria, a
copy of JV Agreement/Joint Bidding Agreement, for those projects which were executed in JV, is to be submitted alongwith
the bid.
 62

3. Key Personnel

The Bidder must demonstrate that it will have suitably qualified (and in adequate
numbers) minimum Key Personnel, as described in the Table below, that are
required to perform the Contract.

The Bidder shall provide details of the Key Personnel and such other Key Personnel
that the Bidder considers appropriate, together with their academic qualifications
and work experience. The Bidder shall complete the relevant Forms in Section IV,
Bidding Forms.

Key Personnel

Minimum years
Item Relevant academic
No.
Position/ specialization of relevant work
qualifications
experience
1 Project Manager B E (Civil) 15
2 Highway Engineer B.E. (Civil) 10
3 Bridge Engineer B.E. (Civil) with Post 10
Graduation in Structural
Engineering
4 Material Engineer B E (Civil) 10
5 Quantity Surveyor B E (Civil) 10
6 Road Safety Expert B E with Post 10
Graduation in
Transportation/
TrafficEngineering
Suitable experts in the following specializations
7 Environmental Expert Post Graduation in 10 Years
Environment
Engineering/Science
8 Health and Safety Expert Graduation in any 3 Years experience in
disciple with atleast 6 construction/Industry
months training in
health and safety.
9 Social Expert The Candidate should 5 years experience of
be Graduate in Social community
Sciences consultation, SEA
and gender issues on
infrastructure
projects
10 Gender Based Violence The Candidate should 3 Years of
be Graduate in Social monitoring and
[Where a Project SEA risks are Sciences with post managing risks
assessed to be high, Key Personnel graduation related to gender-
shall include a gender-based based violence, out of
violence expert with relevant which 2 years of
 63

experience in addressing sexual relevant experience

exploitation, and assault cases] in addressing issues
related to sexual
exploitation, and
assault

The Bidder shall provide details of the proposed personnel and their experience
records using Form PER-1 and PER-2 included in Section IV, Bidding Forms.

The Bidder must not have in his employment:

[i] the near relations (defined as first blood relations, and their spouses, of the
bidder or the bidder’s spouse) of persons of the following Central/ State
Government Departments.

……………………..
……………………..
………………….….

[ii] without permission of Central/ State Government, any person who retired
as gazetted officer in India within the last two years.

4. Equipment
The Bidder must demonstrate that it will have access to the key Contractor’s
equipmentlisted hereafter:

Minimum Number
No. Equipment Type and Characteristics
required
1 Motor Grader 3
2 Dozer 1
3 Front End Loader 2
4 Smooth Wheeled Roller 1
5 Vibratory Roller 2
6 Aggregate crushing and screening plant 1
(300T/hour)
7 WMM Mixing Plant (200T/hour) 1
8 Batch Type Hot Mix Plant 160 TPH Capacity 1
9 Paver Finisher With Electronic Sensor 2
10 Water Tanker 4
11 Bitumen Sprayer 1
12 Tandem Roller 2
13 Concrete Mixer with Integral Weigh Batching 1
Facility
14 Concrete Batching and Mixing Plant 1
(Minimum Capacity 30cum/hr)
15 Pneumatic Tyred Roller 1

Notes:
 64

 Bidders are requested to verify latest position in respect of “Duties on Contractor’s

Equipment” from Department of Revenue, Ministry of Finance, Government of India.
 The equipment listed above should not be older than 4 years of age.
 Based on their own studies of the equipment required, the Bidders shall furnish details
of the above equipment and such other equipment that the Bidder considers appropriate,
using Form EQU included in Section IV.

5. Multiple Contracts – When offering their bid for more than one EPC packages (RFB
for which are being released separately but simultaneously), the bidder must provide
evidence that it meets or exceeds the sum of all the individual requirements for the packages
being applied for in regard to its technical aspects. In case the bidder fails to fully meet any
of these criteria on cumulative basis, it will be qualified only for those packages for which
the bidder meets the above requirements and combination of the packages to be awarded
to such bidders will be decided based on the lowest cost of the combination to the
Employer. The decision of the Employer shall be final and binding on the bidder.
 65

2. Financial Part

2.1 Margin of Preference - Not Applicable

2.2 Multiple Contracts (ITB 35) – Not Applicable

2.3 Sustainable procurement (Section VII – Works’ Requirements) –

Not Applicable

2.4 Alternative Completion Times (ITB 13.2) - Not Applicable

2.5 Alternative Technical Solutions for specified parts of the Works

(ITB 13.4) - Not Applicable

2.6 Other criteria (if permitted under ITB 35.1(f)):

………………………………………………………………………
………………………………………………………………………
…
 66

Section IV - Bidding Forms

 67

Letter of Bid – Technical Part

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No10.: [insert identification No. if this is a Bid for an alternative]

To: [insert complete name of Employer]

We, the undersigned, hereby submit our Bid, in two parts, namely:
(a) the Technical Part, and
(b) the Financial Part
In submitting our Bid, we make the following declarations:
(a) No reservations: We have examined and have no reservations to the bidding
document, including Addenda issued in accordance with ITB 8;
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in
accordance with ITB 4;
(c) We have not been suspended nor declared ineligible by the Employer based on
execution of a Bid Securing Declaration in the Employer’s country in accordance with
ITB 4.7;
(d) Conformity: We offer to execute in conformity with the bidding document the
following Works: [insert a brief description of the Works]
________________________________;
(e) Bid Validity Period: Our Bid shall be valid for a period specified in BDS ITB 18.1
(or as amended if applicable) from the date fixed for the Bid submission deadline
specified in BDS 22.1 (or as amended if applicable), and it shall remain binding upon
us and may be accepted at any time before the expiration of that period;
(f) Performance Security: If our Bid is accepted, we commit to obtain a performance
security [and an Environmental and Social (ES) Performance Security, Delete if not
applicable] in accordance with the bidding document;
(g) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder
or as a subcontractor, and we are not participating in any other Bid(s) as a Joint Venture
member, and meet the requirements of ITB 4.3, other than alternative Bids submitted
in accordance with ITB 13;
(h) Suspension and Debarment: We, along with any of our subcontractors, suppliers,
consultants, manufacturers, or service providers for any part of the contract, are not
subject to, and not controlled by any entity or individual that is subject to, a temporary
suspension or a debarment imposed by the World Bank Group or a debarment imposed

10
Delete if not applicable
 68

by the World Bank Group in accordance with the Agreement for Mutual Enforcement
of Debarment Decisions between the World Bank and other development banks.
Further, we are not ineligible under the Employer’s Country laws or official
regulations or pursuant to a decision of the United Nations Security Council;
(i) State-owned enterprise or institution: We are not a state-owned enterprise or
institution/ We are a state-owned enterprise or institution but meet the requirements of
ITB 4.611;
(j) Binding Contract: We understand that this Bid, together with your written
acceptance thereof included in your Letter of Acceptance, shall constitute a binding
contract between us, until a formal contract is prepared and executed;
(k) Not Bound to Accept: We understand that you are not bound to accept the lowest
evaluated cost Bid, the Most Advantageous Bid or any other Bid that you may
receive; and
(l) Fraud and Corruption: We hereby certify that we have taken steps to ensure that
no person acting for us or on our behalf engages in any type of Fraud and Corruption.
Name of the Bidder: *[insert complete name of person signing the Bid]

Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert
complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid: [insert complete title of the person signing the Bid]

Signature of the person named above: [insert signature of person whose name and
capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with
the Bid

11
Use one of the two options as appropriate
 69

Technical Proposal
Technical Proposal Forms
- Key Personnel Schedule

- Equipment

- Site Organization

- Method Statement

- Mobilization Schedule

- Construction Schedule

- Environmental and Social (ES) Management Strategies and

Implementation Plans

- Code of Conduct for Contractor’s Personnel (ES)

- Sub-contracting elements or works which in aggregate adds to more than

5% of Bid price (for each the qualifications and experiences on the identified
subcontractor in the relevant field should be given)

Note: Work should not be split into small parts and sub-contracted; but sub-
contracting specialized elements of works is acceptable.

- Others

- Bidder’s Qualification

- Form of Bid Security – Bank Gurantee

 70

Appendix to Technical Part: Personnel

Forms for Personnel

Form PER – 1: Key Personnel Schedule

Bidders should provide the names and details of the suitably qualified Key Personnel to
perform the Contract. The data on their experience should be supplied using the Form PER-
2 below for each candidate.

Key Personnel12

1. Title of position:

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
2. Title of position: [Environmental Specialist]

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
3. Title of position: [Health and Safety Specialist]

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
4. Title of position: [Social Specialist]

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]

12
As listed in Section III (Evaluation and Qualification criteria).
 71

Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
5. Title of position: [insert title]

Name of candidate
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
 72

Appendix to Technical Part

Form PER-2:
Resume and Declaration

Key Personnel

Name of Bidder

Position [#1]: [title of position from Form PER-1]

Personnel Name: Date of birth:

information
Address: E-mail:

Professional qualifications:

Academic qualifications:

Language proficiency: [language and levels of speaking, reading and writing

skills]

Details Name of employer:

Address of employer:

Telephone: Contact (manager / personnel

officer):
Fax:

Job title: Years with present employer:

Summarize professional experience in reverse chronological order. Indicate particular

technical and managerial experience relevant to the project.
 73

Duration of
Project Role involvement Relevant experience
[From - To]
[main [role and
[describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]

Declaration
I, the undersigned Key Personnel, certify that to the best of my knowledge and belief, the
information contained in this Form PER-2 correctly describes myself, my qualifications
and my experience.
I confirm that I am available as certified in the following table and throughout the expected
time schedule for this position as provided in the Bid:
Commitment Details
Commitment to duration of [insert period (start and end dates) for which this Key
contract: Personnel is available to work on this contract]
Time commitment: [insert the number of days/week/months/ that this Key
Personnel will be engaged]

I understand that any misrepresentation or omission in this Form may:

(a) be taken into consideration during Bid evaluation;
(b) result in my disqualification from participating in the Bid;
(c) result in my dismissal from the contract.

Name of Key Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Bidder:

Signature: ________________________________________________________

Date: (day month year): __________________________________

 74

Appendix to Technical Part: Equipment

Form EQU: Forms for Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability
to meet the requirements for the key equipment listed in Section III (Evaluation and
Qualification Criteria). A separate Form shall be prepared for each item of equipment listed,
or for alternative equipment proposed by the Bidder.

Type of Equipment*

Equipment Name of manufacturer, Model and power rating

Information

Capacity* Year of manufacture*

Registration number or any other unique identification number

Current Current location
Status

Details of current commitments

Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured

The following information shall be provided only for equipment not owned by the Bidder.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex

Agreements Details of rental / lease / manufacture agreements specific to the project

 75

Appendix to Technical Part

Site Organization
[insert Site Organization information]
 76

Appendix to Technical Part

Method Statement
[insert method Statement – A detailed note should be submitted outlining bidders proposed
methodology and program of construction including Environmental and Social (ES)
Management Strategies and Implementation Plans (ES-MSIP), backed with equipment,
materials and manpower planning and deployment, duly supported with broad calculations
and quality control system/assurance procedures proposed to be adopted, justifying their
capability of execution and completion of the work requirements within the stipulated
period of completion as per milestones]
 77

Appendix to Technical Part

Mobilization Schedule
[insert Mobilization Schedule]

In accordance with the Particular Conditions, Sub-Clause 10.3, the Contractor shall not
carry out mobilization to Site unless the Employer’s Engineer gives consent that
appropriate measures are in place to address environmental and social risks and impacts,
which as a minimum shall include applying the Management Strategies and
Implementation Plans (MSIPs) and Code of Conduct for Contractor’s Personnel, submitted
as part of the Bid and agreed as part of the Contract.
 78

Appendix to Technical Part

Construction Schedule
[insert Construction Schedule]
 79

Appendix to Technical Part

ES Management Strategies and Implementation Plans

(ES-MSIP)

The Bidder shall submit comprehensive and concise Environmental and

Social (ES) Management Strategies and Implementation Plans (ES-MSIP)
as required by ITB 11.2 (j) of the Bid Data Sheet. These strategies and plans
shall describe in detail the actions, materials, equipment, management
processes etc. that will be implemented by the Contractor, and its
subcontractors.
In developing these strategies and plans, the Bidder shall have regard to the
ES provisions of the contract including those as may be more fully described
in the Works Requirements in Section VII.
 80

Appendix to Technical Part

Code of Conduct for Contractor’s Personnel (ES) Form
Note to the Employer:
The following minimum requirements shall not be modified. The Employer may
add additional requirements to address identified issues, informed by relevant
environmental and social assessment.
The types of issues identified could include risks associated with: labour influx,
spread of communicable diseases, and Sexual Exploitation and Assault (SEA) etc.
Delete this Box prior to issuance of the bidding documents
Note to the Bidder:
The minimum content of the Code of Conduct form as set out by the Employer
shall not be substantially modified. However, the Bidder may add requirements as
appropriate, including to take into account Contract-specific issues/risks.

The Bidder shall initial and submit the Code of Conduct form as part of its bid.

We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter
name of Employer] for [enter description of the Works]. These Works will be carried out at
[enter the Site and other locations where the Works will be carried out]. Our contract
requires us to implement measures to address environmental and social risks related to the
Works, including the risks of sexual exploitation and assault and gender-based violence.

This Code of Conduct is part of our measures to deal with environmental and social risks
related to the Works. It applies to all our staff, labourers and other employees at the Works
Site or other places where the Works are being carried out. It also applies to the personnel
of each subcontractor and any other personnel assisting us in the execution of the Works.
All such persons are referred to as “Contractor’s Personnel” and are subject to this Code
of Conduct.

This Code of Conduct identifies the behavior that we require from all Contractor’s
Personnel.

Our workplace is an environment where unsafe, offensive, abusive or violent behavior will
not be tolerated and where all persons should feel comfortable raising issues or concerns
without fear of retaliation.

REQUIRED CONDUCT
Contractor’s Personnel shall:
1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-being of
other Contractor’s Personnel and any other person;
3. maintain a safe working environment including by:
 81

a. ensuring that workplaces, machinery, equipment and processes under each

person’s control are safe and without risk to health;
b. wearing required personal protective equipment;
c. using appropriate measures relating to chemical, physical and biological
substances and agents; and
d. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes presents an
imminent and serious danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as
women, people with disabilities, migrant workers or children;
6. not engage in any form of sexual harassment including unwelcome sexual advances,
requests for sexual favors, and other unwanted verbal or physical conduct of a
sexual nature with other Contractor’s or Employer’s Personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of
position of vulnerability, differential power or trust, for sexual purposes, including,
but not limited to, profiting monetarily, socially or politically from the sexual
exploitation of another. In Bank financed projects, sexual exploitation occurs when
access to or benefit from Bank financed Goods, Works, Consulting or Non-
consulting services is used to extract sexual gain;
8. not engage in Sexual Assault, which means sexual activity with another person who
does not consent. It is a violation of bodily integrity and sexual autonomy and is
broader than narrower conceptions of “rape”, especially because (a) it may be
committed by other means than force or violence, and (b) it does not necessarily
entail penetration.
9. not engage in any form of sexual activity with individuals under the age of 18,
except in case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental
and social aspects of the Contract, including on health and safety matters, and
Sexual Exploitation, and Assault (SEA);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct,
whether to us or the Employer, or who makes use of the [Project Grievance
[Redress] Mechanism].
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code
of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly.
This can be done in either of the following ways:
1. Contact [enter name of the Contractor’s Social Expert with relevant experience in
handling gender-based violence, or if such person is not required under the Contract,
another individual designated by the Contractor to handle these matters] in writing at
this address [ ] or by telephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Contractor’s hotline (if any) and leave a message.
 82

The person’s identity will be kept confidential, unless reporting of allegations is mandated
by the country law. Anonymous complaints or allegations may also be submitted and will
be given all due and appropriate consideration. We take seriously all reports of possible
misconduct and will investigate and take appropriate action. We will provide warm
referrals to service providers that may help support the person who experienced the alleged
incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about
any behavior prohibited by this Code of Conduct. Such retaliation would be a violation of
this Code of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Contractor’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.

FOR CONTRACTOR’S PERSONNEL:

I have received a copy of this Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this Code of Conduct, I can contact [enter
name of Contractor’s contact person with relevant experience in handling gender-based
violence] requesting an explanation.

Name of Contractor’s Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Contractor:

Signature: ________________________________________________________
Date: (day month year): ______________________________________________
 83

Appendix to Technical Part

Form SC-Sub-Contracting
SCHEDULE OF SUBCONTRACTORS

Item Element of % of bid Name and Qualification

work price address of and
sub- experience
contractor of sub-
contractor
on similar
works of the
elements
executed

The Bidder shall enter in this schedule a list of the major sections and appropriate value
of the work for which he proposed to use subcontractors [for those costing more than
5% of the bid price for each element], together with the names, addresses and
experiences of the proposed subcontractors.

The capability of the sub-contractor will also be assessed (on the same lines as for the
main Contractor) before according approval to him.

(Work should not be split into small parts and sub-contracted; but sub-contracting
specialized elements of works is acceptable).
 84

Appendix to Technical Part

Others
 85

Appendix to Technical Part

Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information requested
in the corresponding Information Sheets included hereunder
 86

Appendix to Technical Part

Form ELI -1.113: Bidder Information Form
Date: _________________
RFB No. and title: _________________
Page __________of _______________pages

Bidder's legal name

In case of Joint Venture (JV), legal name of each member:

Bidder's actual or intended country of registration:

[indicate country of Constitution]
Bidder's actual or intended year of incorporation:
Bidder's legal address [in country of registration]:

Bidder's authorized representative information

Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITB 4.4.
 Authorization to represent the firm or JV named in above, in accordance with ITB 20.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
 In case of state-owned enterprise or institution, in accordance with ITB 4.6 documents
establishing:
 Legal and financial autonomy
 Operation under commercial law
 Establishing that the Bidder is not under the supervision of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.

13
Form ELI-1.3 (Appendix Technical Part) is also to be furnished by bidder as well as each member of JV.
 87

Appendix to Technical Part

Form ELI -1.2: Information Form for JV Bidders
(Where permitted as per BDS ITB 4.1)
(to be completed for each member of Joint Venture)

Date: _______________
RFB No. and title: __________________
Page _______________ of ____________ pages

JV Information
Bidder’s Joint Venture legal name:

JV member’s legal name:

JV member’s country of registration:

JV member’s year of constitution:

JV member’s legal address in country of constitution:

JV member’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITB 4.4.
 Authorization to represent the firm or JV named in above, in accordance with ITB 20.
 In case of a state-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and is not under the supervision
of the Employer, in accordance with ITB 4.6.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
 88

Appendix to Technical Part

Form ELI -1.2 A
Specialized Subcontractor’s Information Form
(to be completed for each Specialized Subcontractor)

Date: _______________
RFB No. and title: __________________
Page _______________ of ____________ pages
Bidder’s legal name:

Specialized Subcontractor’s legal name:

Specialized Subcontractor’s country of registration:

Specialized Subcontractor’s year of constitution:

Specialized Subcontractor’s legal address in country of constitution:

Specialized Subcontractor’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITB 4.4.
 Authorization to represent the Specialized Subcontractor.
 89

Appendix to Technical Part

DETAILS OF PARTICIPATION IN THE JOINT VENTURE

PARTICIPATION FIRM ‘A’ FIRM ‘B’ FIRM ‘C’

DETAILS (Lead Member)

Financial

Name of the Banker(s)

Planning

Construction Equipment

Key Personnel

Execution of Work (Give

details on proposed
contribution of each)

The Joint Venture should indicate the details of participation as above.

 90

Appendix to Technical Part

Form ELI-1.3
Structure and Organization

1. The Bidder is ___________

[a] an individual
[b] a proprietary firm
[c] a firm in partnership
[d] a Limited Company or Corporation
[e] a group of firms/joint venture
(If yes, give completion information
in respect of each partner)

2. Attach the organization Chart showing the ____________

structure of the Organization, including the
names of the directors and position of officers.

3. Number of years of experience

[a] as a Prime Contractor (Contractor

shouldering major responsibility)

[i] in own country

[ii] in other countries (specify countries)
______________
[b] as a Management Contractor
[i] in own country ______________
[ii] in other countries (specify countries) ______________

[c] in a Joint Venture

[i] in own country ______________
[ii] in other countries (specify countries) ______________

[d] as sub-contractor (specify main contractor)

[i] in own country ______________
[ii] in other countries (specify countries) ______________

4. Name and address of any associates the bidder

has in India (in case the bidder happens to be
from foreign country) who are knowledgeable in
the procedure of customs, immigration, taxes and
other information necessary to do the work. ______________

5. For how many years has your organization been in

 91

business of similar work under its present name?

What were your fields when your organization was
established? Whether any new fields were added in
your organization? And if so, when? _________

6. Were you ever required to suspend construction

for a period of more than six months continuously
after your started? If so, give the name of project
and give reasons therefor. _________

7. Have you ever left the work awarded to you

incomplete? (If so, give name of project and
reasons for not completing work.) _________

8. In which fields of civil engineering construction

do your claim specialization and interest? _________

9. Give details of your experience in mechanized

cement concrete lining and in modern concrete
technology for manufacture and quality control.@ _________

10. Give details of your experience in using heavy

earthmoving equipment and quality control in
compaction of soils. @ _________

11. Give details of your soil and material testing

laboratory, if any. @ _________

12. Give details of your experience in mechanized

granular pavement construction. @ _________

13. Give details of your experience in Laying of Prime

coat along with spreading of dry stone chipping. @ _________

14. Give details of your experience in construction of

asphaltic Overlays@ _________

15. Give details of your experience in construction

of Bridge Works in Reinforced Cement Concrete @ _________

16. Give details of your experience in construction

of Bridge Works in plain Cement Concrete @ _________

17. Give details of your experience in construction

of bridge works in well foundations of a depth
not less than 12 meters @ _________

18. Give details of your experience in construction

of cement concrete pavement. @ _________
 92

@ Employer to modify these as appropriate for the works for which qualification of
the Bidders are to be checked. This should be furnished by bidder as well as each
member of JV.
 93

Appendix to Technical Part

Form CON – 2: Historical Contract Non-Performance,
Pending Litigation and Litigation History
[to be completed for the Bidder and for each member of a Joint Venture]

Bidder’s Name: ________________

Date: ______________________
Joint Venture Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
 Contract non-performance did not occur since 1st January [insert year] specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 2.1.
 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and
Qualification Criteria, requirement 2.1
Year Non- Contract Identification Total Contract
performed Amount (Rs.)
portion of
contract
[insert [insert amount Contract Identification: [indicate complete contract[insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3 as indicated below.
 94

Year of Amount in Contract Identification Total

dispute dispute (Rs.) Contract
Amount
(Rs.)
[insert year] [insert amount] Contract Identification: [indicate [insert
complete contract name, number, amount]
and any other identification]
Name of Employer: [insert full
name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main
issues in dispute]
Party who initiated the dispute:
[indicate “Employer” or
“Contractor”]

Status of dispute: [Indicate if it is

being treated by the Adjudicator,
under Arbitration or being dealt
with by the Judiciary]
[insert year] [insert amount] Contract Identification: [indicate [insert
complete contract name, number, amount]
and any other identification]
Name of Employer: [insert full
name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main
issues in dispute]
Party who initiated the dispute:
[indicate “Employer” or
“Contractor”]

Status of dispute: [Indicate if it is

being treated by the Adjudicator,
under Arbitration or being dealt
with by the Judiciary]
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
 No Litigation History in accordance with Section III, Evaluation and Qualification
Criteria, Sub-Factor 2.4.
 Litigation History in accordance with Section III, Evaluation and Qualification
Criteria, Sub-Factor 2.4 as indicated below.
Year of Outcome as Contract Identification Total
award percentage of Net Contract
Worth Amount (Rs.)
 95

[insert [insert Contract Identification: [indicate [insert

year] percentage] complete contract name, number, and amount]
any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main
issues in dispute]
Party who initiated the dispute:
[indicate “Employer” or
“Contractor”]
Reason(s) for Litigation and award
decision [indicate main reason(s)]
 96

Appendix to Technical Part

Form CON – 3: Environmental and Social

Performance Declaration
[The following table shall be filled in for the Bidder, each member of a Joint Venture and each
Specialized Subcontractor]

Bidder’s Name: ___________[insert full name]

Date: ______________[insert day, month, year]
Joint Venture Member’s or Specialized Subcontractor’s Name: ________[insert full name]
RFB No. and title: _________________[insert RFB number and title]
Page ________[insert page number] of ________[insert page number] pages

Environmental and Social Performance Declaration

in accordance with Section III, Qualification Criteria, and Requirements
 No suspension or termination of contract: An employer has not suspended or terminated a
contract and/or called the performance security for a contract for reasons related to Environmental
or Social (ES) performance since the date specified in Section III, Qualification Criteria, and
Requirements, Sub-Factor 2.5.
 Declaration of suspension or termination of contract: The following contract(s) has/have been
suspended or terminated and/or Performance Security called by an employer(s) for reasons related
to Environmental or Social (ES) performance since the date specified in Section III, Qualification
Criteria, and Requirements, Sub-Factor 2.5. Details are described below:
Year Suspended or Contract Identification Total Contract
terminated Amount (Rs.)
portion of
contract
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and name/ number, and any other identification]
percentage] Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for suspension or termination: [indicate main
reason(s) e.g. gender-based violence; sexual
exploitation or assault breaches]
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for suspension or termination: [indicate main
reason(s)]
… … [list all applicable contracts] …
 97

Performance Security called by an employer(s) for reasons related to ES performance

Year Contract Identification Total Contract
Amount (Rs.)

[insert Contract Identification: [indicate complete contract name/ number, and [insert amount]
year] any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for calling of performance security: [indicate main reason(s)
e.g. for gender-based violence; sexual exploitation or assault breaches]
 98

Appendix to Technical Part

Form FIN – 3.1: Financial Situation and Performance
[To be completed by the Bidder and by each member of a Joint Venture]

Bidder’s Legal Name: ________________

Date: ______________________
Joint Venture Member’s Legal Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

1. Financial data

Type of Financial information Historic information for previous _________years,

in ______________
(Rs.) (amount in Rs.)

Year 1 Year 2 Year 3 Year 4 Year 5

Statement of Financial Position (Information from Balance Sheet)

Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Shareholder’s Funds (Net

Worth)=(Paid up equity
+Reserves)-(revaluation
reserves + Miscellaneous
expenditure not written off)

Depreciation

Information from Income Statement

Total Revenue (TR)

 99

Profits Before Taxes (PBT)

Cash Flow Information

Cash Flow from Operating

Activities
Net cash accruals= Profit after
Tax + depreciation
This information should be extracted from the Annual Financial Statements/ Balance sheets,
which should be enclosed. Year 1 will be the latest year for which audited financial statements
are available. Year 2 shall be the year immediately preceding year 1 and year 3 shall be the year
immediately preceding Year 2.

2. Sources of Finance
Specify sources of finance to meet the cash flow requirements on works currently in
progress and for future contract commitments.

No. Source of finance Amount (Rs.)

3. Financial documents

The Bidder and its parties shall provide copies of financial statements for _________ years
pursuant Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial
statements shall:

(a) reflect the financial situation of the Bidder or in case of JV member, and not an
affiliated entity (such as parent company or group member).

(b) be independently audited or certified in accordance with local legislation. In case of

Indian bidders, the financial statements shall be audited by a certified chartered
accountant.

(c) be complete, including all notes to the financial statements.

(d) correspond to accounting periods already completed and audited.

 100

 Attached are copies of financial statements14 (balance sheets, including all related notes, and
income statements) for the ____________years required above; and complying with the
requirements. (If the most recent set of financial statements is for a period earlier than 12
months from the date of bid, the reason for this should be justified)

 Attached is a copy of certificate given from the commercial bank assuring cash flow
(working capital for the subject contract) in the format attached.

14
If the most recent set of financial statements is for a period earlier than 12 months from the date of bid,
the reason for this should be justified.
 101

Appendix to Technical Part

Form FIN - 3.2: Average Annual Construction Turnover
[To be completed by the Bidder and by each member of a Joint Venture]

Bidder’s Legal Name: ________________

Date: ______________________
Joint Venture Member’s Legal Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Annual turnover data (construction only)

Year Amount in Rs.
[indicate [insert amount]
year]

Average
Annual
Construction
Turnover *

* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2. Annual
construction turnover calculated as total certified payments received for work in progress
or completed, for 5 years. This should be certified by a Chartered Accountant.
 102

Appendix to Technical Part

JOINT VENTURE
Names of all members of a joint venture

1. Member in charge

2. Member

3. Member

Total value of annual construction turnover, in terms of work billed to clients, in

Rupees
Annual Turnover Data (construction only; in Rs. *)

Member Form Year 1 Year 2 Year 3 Year 4 Year 5 Average

3.2 page
no.

1.
Member
in charge

2.
Member

3.
Member

TOTALS

* To be certified by a chartered accountant

Name and address of Bankers to the Joint Venture

Provide details regarding financial responsibility and participation (percentage share in the total) of each firm
in the Joint Venture. Attach a Memorandum of Understanding for the Proposed Agreement of joint Venture
which should lay down responsibility regarding work and financial arrangements in respect of each of the
firm in the Joint Venture (Refer also ITB Clause 4.1).
 103

Appendix to Technical Part

Form FIN - 3.3: Financial Resources

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total construction
cash flow demands of the subject contract or contracts as specified in Section III, Evaluation and
Qualification Criteria.

Source of financing Amount (Rs.)

1.

2.

3.

4.
 104

FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CASH

FLOW
[To be given from a Nationalized or Scheduled Bank in India]

Clause 3.1(ii) of Section III – Qualification Criteria

(1) AVAILABILITY OF CASH FLOW (WORKING CAPITAL)

This is to certify that M/s. ______________________________ is a reputed company with

a good financial standing.

If the contract for the works, namely _________________________________________

[funded by the World Bank] is awarded to the above firm, we shall be able to provide
overdraft/credit facilities to the extent of Rs. _______ to meet their capital requirements for
executing the above contract.

-- Sd. --

Name of Bank Manager

Senior Bank Manager

Address of the Bank

* Change the text as follows for Joint venture:

This is to certify that M/s. ………………………………. who has formed a JV with M/s.
………………………….. and M/s. …………………………….. for participating in this bid,
is a reputed company with a good financial standing.

If the contract for the work, namely ………………………………………………………….

[funded by the World Bank] is awarded to the above Joint Venture, we shall be able to
provide overdraft/credit facilities to the extent of Rs. …………… to meet the working
capital requirements for executing the above contract.

[This should be given by the JV members in proportion to their financial participation.]

 105

Appendix to Technical Part

Form FIN – 3.4: Current Contract Commitments / Works in Progress

Bidders and each member of a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent
or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.

(A) Existing commitments and on-going works:

Description of Place & State Contract No. Name and Value of Stipulated Value of Anticipated Average
Work & Date Address of Contract (Rs. period of works15 date of Monthly
Employer equivalent in completion remaining to completion Invoicing Over
million) be completed Last Six
(Rs. equivalent Months
in million) (Rs./month)
Equivalent in
millions)

(1) (2) (3) (4) (5) (6) (7) (8) (9)

15
Attach certificate(s) from the Engineer(s)-in-Charge.
 106

(B) Works for which bids already submitted and likely to be awarded – expected additional commitment.
___
Description of Place & State Name and Address Estimated value of Stipulated period of Date when decision Remarks, if any
Work of Employer Works (Rs. completion is expected
equivalent in
million)

(1) (2) (3) (4) (5) (6) (7)

 Appendix to Technical Part
Form EXP - 4.1: General Construction Experience
[The following table shall be filled in for the Bidder and for each member of a Joint Venture]

Bidder’s Legal Name: ________________

Date: ______________________
Joint Venture Member’s Legal Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

[Identify contracts that demonstrate continuous construction work over the past [5] years pursuant to Section III, Qualification Criteria
and Requirements, Sub-Factor 4.1. List contracts chronologically, according to their commencement (starting) dates.]

Starting Ending Contract Identification Role of

Month/ Month/ Bidder
Year Year [“Contractor” or
“JV Member” or
“Subcontractor” or
“Contract
Manager”]
Contract name: ____________________
Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ____________________
Address: _____________________________
In case of JV, Share in JV__________
Payment receipt year-wise during 2019-20, 2020-21,
2021-22, 2022-23 and 2023-24____________

Contract name: _________________________

 Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ___________________
Address: _________________________
In case of JV, Share in JV__________
Payment receipt year-wise during 2019-20, 2020-21,
2021-22, 2022-23 and 2023-24____________
 Appendix to Technical Part

Form EXP - 4.2(a): Specific Construction and Contract Management Experience

[The following table shall be filled in for contracts performed by the Bidder, each member of a Joint Venture, and specialist sub-
contractors]

Bidder’s Legal Name: ________________

Date: ______________________
Joint Venture Member’s Legal Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

(A) Work performed as prime Contractor or JV Member or Sub-Contractor or Management Contractor (in the same name and style)
on construction works of a similar nature and volume over the last five years16. [Attach certificate from the Engineer-in-charge.]

Information
Similar Contract No.

Contract Identification
Award date
Completion date
Role in Contract Management Sub-
Prime Member in JV
Contractor contractor
Contractor  
 

Total Contract Amount Rs. *

16
Immediately preceding the financial year in which bids are received.
 *
If member in a JV or subcontractor,
specify participation in total Contract
amount (% of Total)
Employer's Name:
Address:

Telephone/fax number

E-mail:
 Appendix to Technical Part

Form EXP - 4.2(a) (cont.)

Specific Construction and Contract Management Experience (cont.)

Similar Contract No. Information

Description of the similarity in

accordance with Sub-Factor 4.2(a) of
Section III:
1. Amount

2. Physical size of required works

items

3. Complexity

4. Methods/Technology

5. Construction rate for key

activities

6. Other Characteristics
 Appendix to Technical Part
Form EXP - 4.2(b): Construction Experience in Key Activities
[The following table shall be filled in for contracts performed by the Bidder, each member of a Joint Venture, and specialist sub-
contractors]

Bidder’s Legal Name: ________________

Date: ______________________
Joint Venture Member’s Legal Name_________________________
Subcontractor's Legal Name17 (as per ITB 33.2 and 33.3): ________________

RFB No. and title: ___________________________

Page _______________of ______________pages

Subcontractor's Name (as per ITB 33.2 and 33.3): ________________

All subcontractors for key activities must complete the information in this form as per ITB 33.2 and 33.3 and Section III, Qualification
Criteria and Requirements, Sub-Factor 4.2.

(B) Quantities of work executed as prime contractor or Sub-Contractor (in the same name and style) in the last five years:18
[Attach certificate from the Engineer-in-charge.]

1. Key Activity No One: ________________________

Information
Contract Identification
Award date
Completion date

17
If applicable.
18
Immediately preceding the financial year in which bids are received.
Role in Contract Prime Member in Management Sub-
Contractor JV Contractor contractor
   

Total Contract Amount

Rs.

Quantity (Volume, number or rate of Total quantity in Percentage Actual

production, as applicable) performed the contract participation Quantity
under the contract per year or part of (i) (ii) Performed
the year in the last five years (i) x (ii)

Year 1
Year 2
Year 3
Year 4
Year 5
Employer’s Name:

Address:

Telephone/fax numberE-mail:

2. Activity No. Two

3. …………………
 Information

Description of the key activities in

accordance with Sub-Factor 4.2(b) of Appendix to Bid
Section III:
Technical Part
Form EXP – 4.2(c): Specific
Design Experience
[The following table shall be
filled in for the Bidder, each
member of Joint Venture, and
Specialized Subcontractors]

Bidder’s Name: ________________

Date: ______________________
Joint Venture Member’s
Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Sub-contractor's Name (as per ITB 33.2 and 33.3): ________________

All Sub-contractors for key activities must complete the information in this form as per ITB 33.2 and 33.3 and Section III, Evaluation and
Qualification Criteria, Sub-Factor 4.2.

(C) Quantities of work executed as prime contractor or Sub-Contractor (in the same name and style) in the last five years:19
[Attach certificate from the Engineer-in-charge.]

19
Immediately preceding the financial year in which bids are received.
 20
1. Key Activity No One: ________________________[repeat if applicable, for each activity specified in Section III:
Qualification Criteria]

Information
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management Sub-
Contractor JV Contractor contractor
   

Total Contract Amount

Rs.

Quantity (Value) performed under the Total quantity in Percentage Actual

contract per year or part of the year in the contract participation Quantity
the last five years. (i) (ii) Performed
(i) x (ii)
Year 1
Year 2
Year 3
Year 4
Year 5

20
Activities for which data is requested should tally with those specified in Section III: Qualification Criteria
Employer’s Name:

Address:

Telephone/fax number

E-mail:
 Appendix to Technical Part
Form EXP - 4.2(d)

Specific Experience in Managing ES aspects

[The following table shall be filled in for contracts performed by the Bidder, and each member of a Joint Venture]

Bidder's Name: ________________

Date: ___________________
Bidder's JV Member Name: __________________
RFB No. and title: _____________________
Page __________________of ________________pages

1. Key Requirement no 1 in accordance with 4.2 (d): ______________________

Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontractor
Contractor JV Contractor

  
Total Contract Amount
Rs.

Details of relevant experience

2. Key Requirement no 2 in accordance with 4.2 (d): ______________________
3. Key Requirement no 3 in accordance with 4.2 (d): ______________________
…
 Appendix to Technical Part:

Form of Bank Guarantee for BID Security

Date: ________________

RFB No.: ________________

Alternative No.: ________________

B.G.No. Dated:

1. In consideration of you, the Superintending Engineer (EAP Zone), having its office at Ministry of Road Transport and Highways,
Ground Floor, Tower-1, Jeevan Bharti Building, 124, Connaught Place, New Delhi – 110 001, (the “Authority”), (hereinafter
referred to as the “Authority”, which expression shall unless it be repugnant to the subject or context thereof include its, successors
and assigns) having agreed to receive the BID of ……… …………… and having its registered office at ……………………… (and
acting on behalf of its JV) (hereinafter referred to as the “Bidder” which expression shall unless it be repugnant to the subject or
context thereof include its/their executors, administrators, successors and assigns), for the “Balance Works of Rehabilitatio n and
Upgradation to 4-lane configuration of Ras-Beawar Section (Km 0.000 to Km 30.050) of NH-158 in the State of Rajasthan under
Green National Highways Corridor Project (GNHCP) with the loan assistance of World Bank on EPC mode” (hereinafter referred
to as “the Project”) pursuant to the RFB Document dated …………… issued in respect of the Project and other related documents
including without limitation the draft contract Agreement (hereinafter collectively referred to as “Bidding Documents”), we ( Name
of the Bank) having our registered office at ………………… and one of its branches at …………………….. (hereinafter referred
to as the “Bank”), at the request of the Bidder, do hereby in terms of Clause 1.2.4 read with Clause 2.20 of the RFB Document,
irrevocably, unconditionally and without reservation guarantee the due and faithful fulfil ment and compliance of the terms and
conditions of the Bidding Documents (including the RFB Document) by the said Bidder and unconditionally and irrevocably
undertake to pay forthwith to the Authority an amount of Rs *** ** (Rupees *** ** only) (hereinafte r referred to as the
“Guarantee”) as our primary obligation without any demur, reservation, recourse, contest or protest and without reference to the
Bidder if the Bidder shall fail to fulfil or comply with all or any of the terms and conditions contained in the said Bidding
Documents.
2. Any such written demand made by the Authority stating that the Bidder is in default of the due and faithful fulfilment an d
compliance with the terms and conditions contained in the Bidding Documents shall be final, concl usive and binding on the
Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this Guarantee without any
demur, reservation, recourse, contest or protest and without any reference to the Bidder or any other person and irrespective
of whether the claim of the Authority is disputed by the Bidder or not, merely on the first demand from the Authority stating
that the amount claimed is due to the Authority by reason of failure of the Bidder to fulfil and comply w ith the terms and
conditions contained in the Bidding Documents including failure of the said Bidder to keep its BID open during the BID
validity period as set forth in the said Bidding Documents for any reason whatsoever. Any such demand made on the Bank
shall be conclusive as regards amount due and payable by the Bank under this Guarantee. However, our liability under this
Guarantee shall be restricted to an amount not exceeding Rs *** **(Rupees ***** only).
4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one hundred and eighty) days from the BID
Due Date inclusive of a claim period of 60 (sixty) days or for such extended period as may be mutually agreed between the
Authority and the Bidder, and agreed to by the Bank, and shall continue to be enforceable till all amounts under this Guarantee
have been paid.
5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to whether the Bidder is in default of due
and faithful fulfilment and compliance with the terms and conditions contained in the Bidding Documents including, inter alia,
the failure of the Bidder to keep its BID open during the BID validity period set forth in the said Bidding Documents, and th e
decision of the Authority that the Bidder is in default as aforesaid shall be final and binding on us, notwithstanding any
differences between the Authority and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator or any other
Authority.

6. The Guarantee shall not be affected by any change in the constitution or winding up of the Bidder or the Bank or any absorption,
merger or amalgamation of the Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank as the principal debtor. The
Authority shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee from tim e to
time to vary any of the terms and conditions contained in the said Bidding Documents or to extend time for submission of the
BIDs or the BID validity period or the period for conveying acceptance of Letter of Award by the Bidder or the period for
fulfilment and compliance with all or any of the terms and conditions contained in the said Bidding Documents by the said
Bidder or to postpone for any time and from time to time any of the powers exercisable by it against the said Bidder and eith er
to enforce or forbear from enforcing any of the terms and conditions contained in the s aid Bidding Documents or the securities
available to the Authority, and the Bank shall not be released from its liability under these presents by any exercise by the
Authority of the liberty with reference to the matters aforesaid or by reason of time bein g given to the said Bidder or any other
 forbearance, act or omission on the part of the Authority or any indulgence by the Authority to the said Bidder or by any cha nge
in the constitution of the Authority or its absorption, merger or amalgamation with any other person or any other matter or thing
whatsoever which under the law relating to sureties would but for this provision have the effect of releasing the Bank from i ts
such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if addressed to the Bank and
sent by courier or by registered mail to the Bank at the address set forth herein.

9 . We undertake to make the payment on receipt of your notice of claim on us addressed to [name of Bank along with branch
address] and delivered at our above branch which shall be deemed to have been duly authorised to receive the said notice of
claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder before proceeding against th e Bank and the
guarantee herein contained shall be enforceable against the Bank, notwithstanding any other security which the Authority may
have obtained from the said Bidder or any other person and which shall, at the time when proceedings are taken again st the
Bank hereunder, be outstanding or unrealized

11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the previous express consen t of
the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the obligations contemplated herein, the undersigned
is duly authorised and has full power to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs *** crore (Rupees *** ** crore
only). The Bank shall be liable to pay the said amount or any part thereof only if the Authority serves a written claim on th e
Bank in accordance with paragraph 9 hereof, on or before [*** (indicate date falling 180 days after the BID Due Date)]..

14. This guarantee shall also be operatable at our……………….. Branch at New Delhi, from whom, confirmation regarding the
issue of this guarantee or extension / renewal thereof shall be made available on demand . In the contingency of this guarantee
being invoked and payment thereunder claimed, the said branch shall accept such invocation letter and make payment of
amounts so demanded under the said invocation.
15. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging System) platform & shall invariably
send an advice of this Bank Guarantee to the designated bank of [Ministry/NHAI/NHIDCL/State PWD/BRO], details of which
is as under:

S.No. Particulars Details

1 Name of Beneficiary PAO (NH), New Delhi
2 Name of Bank CANARA Bank Transport Bhawan, 1 Parliament
Street, New Delhi-110001
3 Account No.
4 IFSC Code CNRB0019062

Signed and Delivered by ………………………. Bank

By the hand of Mr./Ms …………………….., its ………………….. and authorised official.

(Signature of the Authorized Signatory)

(Official Seal)
 Letter of Bid - Financial Part

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE
DOCUMENT

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the
Bidder’s complete name and business address.

Note: All italicized text in black font is to help Bidders in preparing this form.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
Request for Bid No.: [insert identification]
Alternative No.21: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Employer]

We, the undersigned, hereby submit the second part of our Bid, the Bid Price. This accompanies the Letter of Bid - Technical Part.

In submitting our Bid, we make the following additional declarations:

(a) Bid Validity Period: Our Bid shall be valid for a period specified in BDS 18.1 (or as amended if applicable) from the date fixed
for the Bid submission deadline specified in BDS 22.1 (or as amended if applicable), and it shall remain binding upon us and may
be accepted at any time before the expiration of that period;

21
Delete if not applicable
(b) Bid Price: The total price of our Bid, including any discounts offered is mentioned in the Online Window on e-procurement
portal created for this purpose.
(c) Commissions, gratuities and fees: We have paid, or will pay the following commissions, gratuities, or fees with respect to the
Bidding process or execution of the Contract: [insert complete name of each Recipient, its full address, the reason for which each
commission or gratuity was paid and the amount and currency of each such commission or gratuity].

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

Name of the Bidder: *[insert complete name of person signing the Bid]

Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete name of person duly authorized to
sign the Bid]

Title of the person signing the Bid: [insert complete title of the person signing the Bid]

Signature of the person named above: [insert signature of person whose name and capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.

**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid
Schedules
 Appendix to Financial Part: Schedules
Form SC-Sub-contracting

SCHEDULE OF SUBCONTRACTORS

[Note: Entries in this Schedule shall be the same as included in the same Schedule in the technical part of the bid, except for the
column on ‘Approximate value of subcontract’ added in the table below]

Item Element of Approximat % of Name and Qualification

work e value of bid address of and
subcontract price sub- experience of
contractor sub-
contractor on
similar works
of the
elements
executed

The Bidder shall enter in this schedule a list of the major sections and appropriate value of the work for which he proposed to use
subcontractors [for those costing more than 5% of the bid price for each element], together with the names, addresses and
experiences of the proposed subcontractors.

The capability of the subcontractor will also be assessed (on the same lines as for the main Contractor) before according approval to
him.

(Work should not be split into small parts and subcontracted; but subcontracting specialized elements of works is acceptable).
 Section V - Eligible Countries
Eligibility for the Provision of Goods, Works and Non-Consulting Services in Bank-Financed Procurement

In reference to ITB 4.8, and 5.1, for the information of the Bidders, at the present time firms, goods and services from the following

countries are excluded from this Bidding process:

Under ITB 4.8 (a) and 5.1 : None

Under ITB 4.8 (b) and 5.1 : None

[Note: as and when some country/ countries become ineligible insert the list of such countries following approval by the Bank to apply the
restriction]
 Section VI - Fraud and Corruption
(Section VI shall not be modified)
1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing
operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants,
contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not);
and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution
of Bank-financed contracts, and refrain from Fraud and Corruption.

2.2 To this end, the Bank:

a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose,
including to influence improperly the actions of another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or
the property of the party to influence improperly the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or
making false statements to investigators in order to materially impede a Bank investigation into allegations
of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any
 party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing
the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for
under paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel,
or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or
indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring
misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the
proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process,
selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action
satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner
at the time they knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and
procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring
such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any
other manner;22 (ii) to be a nominated23 sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise
eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or
otherwise to participate further in the preparation or implementation of any Bank-financed project;
e. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan,
requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants,

22
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification,
expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or
nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing
contract.
23
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on
the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical
experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
 service providers, suppliers, agents personnel, permit the Bank to inspect24 all accounts, records and other documents relating
to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

24
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the Bank or persons appointed
by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through
the appropriate mechanisms. Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and
making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed
relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and
site visits; and obtaining third party verification of information.
 PART 2 – Works’ Requirements25

25
This sample of ‘works requirement’ has been taken from a ‘highway’ project. Replace this full section with requirement for the Works for which bids are being
invited, ensuring that provisions related to ES obligations and Code of Conduct for Contractor’s Personnel are included in full.
Section VII - Works’ Requirements: Conditions of Contract
together with Schedules
 Work’s Requirements
Notes on preparing the Work’s Requirements

This Section together with Part 3 – Drawings, contains the Scope, site information, the Specifications, the Drawings, the ES
requirements, and other Information that describe the Works to be executed by the Bidders.

Engineering, Procurement, Construction (“EPC”) contract is a “single responsibility contract”, and the Employer is not expected to
invite Bids with detailed design and technical specifications. However, the Employer does and must know what it wants and must
communicate its needs adequately. This section on Work’s Requirements replaces the usual Technical Specifications of a more
traditional approach.

The Employer should specify the purpose for which the Works are intended, the requirements for the completed Works, and the tests
that will be carried out on completion of the Works to verify compliance with the specified requirements.

The Employer may perform appropriate front-end tasks (such as geotechnical/ environmental investigations and permit acquisitions) to
enable the Employer to: (a) develop a realistic understanding of the contract’s scope and budget; and (b) furnish Bidders with
information that they can reasonably rely upon in establishing their price and other commercial decisions. The Employer shall make
available to Bidders all relevant information in the Employer’s possession on the topography of the Site and on sub-surface,
hydrological, climatic and environmental conditions at the Site etc. It should however, be made clear that the Employer shall have no
responsibility for the accuracy, sufficiency or completenessof such data.

While defining the Work’s Requirements, care must be taken to avoid over specifying details to the extent that the flexibility and potential
benefits associated with a “single responsibility” approach is seriously eroded or threatened. As the contractor is expected to do the
engineering, procurement and construction, the Employer should provide the quality, design and/or other performance parameters,
technical and evaluation criteria, functional requirements, fixtures, fittings, equipment, supply of certain items, such as consumables,
the key personnel (if any), and requirements for the completed works, and any limitations which the Employer wishes to impose.

The Employer’s Requirements should clarify the extent to which the Works are to be fully equipped, ready for operation, with spare
parts and consumables provided for operation (for a specified period), typically by the Employer. The Contractor may also be required
to operate the Works for a specified period.
The Employer’s Requirements must be drawn up to permit the widest, possible competition and, at the same time, present a clear
statement of the required standards of workmanship, materials performance and/or functions of the Works. The Employer’s
Requirements should stipulate that all goods and materials to be incorporated in the Works are new, unused, of the most recent or
current models and incorporate all recent improvements in design and materials.

Care must be taken when drafting the Employer’s Requirements to ensure that the requirements are not restrictive. Country's technical
standards, building, construction and environmental Laws, Laws applicable to the product being produced from the Works, and other
standards applicable to the Works, or defined by applicable Laws should be specified in the Employer's Requirements. It should be
stated that goods, materials and workmanship meeting other authoritative standards and which promise to ensure equal or higher
quality than the standards specified, will also be acceptable.

Any portions of the Employer's Requirements, and/or data and information provided by (or on behalf on the Employer), which are to be
immutable or are to be the responsibility of the Employer, should be clearly stated in the Employer's Requirements. If the requirements
include some Works that e.g. fall within the municipal limits of a town or within any area falling in a reserved forest or wildlife sanctuary
and require requisite clearances or approvals before for commencing construction, these should to the extent possible, be identified at
the time of bidding itself, and separate prices requested for them (Refer Article 8, sub-clause 8.3.3).

Any additional sustainable procurement technical requirements (beyond the ES requirements stated in the Environmental and Social
(ES) Requirements section below) shall be clearly specified, and in a manner that enables proper evaluation of such requirements.

NOTE: The Contractor should not simultenously work on more than 5 (five) sections of the
Project Highway.
 Environmental and Social (ES) Requirements

The Employer should use the services of a suitably qualified environmental and social specialist/s to prepare the specifications for ES
working with a procurement specialist/s.
The Employer should attach or refer to the Employer’s environmental and social standards in the ESF including the specific
requirements set out in the Environmental and Social Commitment Plan (ESCP), EHSGs and other GIIP as well as SEA prevention and
management obligations. The ES requirements should be prepared in manner that does not conflict with the relevant Works’
Requirements: Conditions of Contract together with Schedules.
Management and Safety of Hazardous Materials
As applicable, specify requirements for the management and safety of hazardous materials (see ESF - ESS4 para. 17 and 18 and
relevant guidance notes).
Resource Efficiency and Pollution Prevention and Management
As applicable specify Resource Efficiency and Pollution Prevention and Management measures (see ESF -ESS3 and relevant guidance
notes).
 Resource efficiency
The Employer shall specify, as applicable, measures for improving efficient consumption of energy, water and raw materials, as
well as other resources.
• Energy: When the Works have been assessed to involve a potentially significant use of energy, specify any applicable
measures to optimize energy usage.
• Water: When the Works have been assessed to involve a potentially significant use of water or will have potentially significant
impacts on water quality, specify any applicable measures that avoid or minimize water usage so that the Works’ water use
does not have significant adverse impacts on communities, other users and the environment.
• Raw material: When the Works have been assessed to involve a potentially significant use of raw materials, specify any
applicable measures to support efficient use of raw materials.
 Pollution prevention and management
 • Management of air pollution: specify any measure to avoid or minimize Works related air pollution. See also PCC 4.18
and the table above.
• Management of hazardous and nonhazardous wastes: specify any applicable measures to minimize the generation of
waste, and reuse, recycle and recover waste in a manner that is safe for human health and the environment including
storage, transportation and disposal of hazardous wastes.
• Management of chemicals and hazardous materials: specify any applicable measures to minimize and control the release
and use of hazardous materials for Works activities including the production, transportation, handling, and storage of the
materials.
 Biodiversity Conversation and Sustainable Management of Living Natural Resources
The Employer shall specify, as applicable, Biodiversity Conservation and Sustainable Management of Living Natural Resources
(see ESF - ESS6 and relevant guidance notes). This includes, as applicable:
 invasive alien species: managing the risk of invasive alien species during the execution of the Works;
 sustainable management of living natural resources; and
 certification and verification requirements for the supply of natural resource materials where there is a risk of significant
conversion or significant degradation of natural or critical habitats.
PAYMENT FOR ES REQUIREMENTS
The Employer’s ES and procurement specialists should consider how the Contractor payments shall be linked to the ES (including
requirements relating to gender-based violence and Sexual Exploitation and Assault (SEA)) which are to be satisfied by the
Contractor in executing the Works. Payment for the delivery of ES requirements is a subsidiary obligation of the Contractor and is
covered within the quoted EPC prices. Contractors obligations under the ES requirements should accordingly be required to be
complied with before release of Interim/ Stage Payments.

Provisional sums may also be specified by the Employer for example for HIV counselling service, and, SEA awareness and sensitization
or to encourage the contractor to deliver additional ES outcomes beyond the requirement of the Contract.
Part I Preliminary
 Recitals

NOTIFICATION OF AWARD
Letter of Acceptance
[on letterhead paper of the Employer]

[The Letter of Acceptance shall be the basis for formation of the Contract as described in ITB Clause 47. This Standard Form of Letter
of Acceptance shall be filled in and sent to the successful Bidder only after evaluation of bids has been completed, subject to any review
by the World Bank required under the Loan Agreement.]

. . . . . . . [date]. . . . . . .

To: . . . . . . . . . . [name and address of the Contractor] . . . . . . . . . .

Subject: . . . . . . . . . . [Notification of Award Contract No]. . . . . . . . . . .

This is to notify you that your Bid dated . . . . [insert date] . . . . for execution of the . . . . . . . . . .[insert name of the contract and
identification number] . . . . . . . . . . for the Accepted Contract Amount of . . . . . . . . .[insert amount in numbers and words], as
corrected and modified26 in accordance with the Instructions to Bidders is hereby accepted by our Agency.
You are requested to furnish the Performance Security, additional performance security27, and an Environmental and Social (ES)
Performance Security [Delete ES Performance Security if it is not required under the contract] in the form detailed in ITB Clause
50 for amounts28 of Rs. …….., Rs29. ……., and Rs. ……. specified therein and sign the contract within 28 days of the receipt of
this letter of acceptance, failing which action as stated in ITB Clause 50.2 will be taken, in accordance with the Conditions of

26
Delete “corrected and” or “and modified” if not applicable. See Notes on Standard Form of Agreement, next page.
27
Delete, if additional performance security is not applicable, in terms of ITB 50.1.
28
Insert amounts for (i) Performance Security; and (ii) ES Performance Security respectively.
29
Delete, if additional performance security is not applicable, in terms of ITB 50.1.
Contract. The securities shall be valid up to 28 days from the date of completion i.e. up to …………. and shall be as per the
Performance Security Form and the ES Performance Security Form [Delete reference to the ES Performance Security Form if it is
not required under the contract], included in Schedule-G: Form of Bank Guarantee.
We note that as per your bid, you do not intend to subcontract any component of work.

[OR]

We note that as per your bid, you propose to employ M/s. ………………… as sub-contractor for executing ……………………..

[Delete whatever is inapplicable]

Authorized Signature: ...................................................................................................................

Name and Title of Signatory: ........................................................................................................

Name of Agency: ..........................................................................................................................