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S Reply of NHAI
Clause No. Existing Clause/ Description Issues raised
No
Pre-Bid Queries Related to Schedules & DCA
1) The
The project highway is less than 100 MoEF&CC
km length and does not involve notification
additional Right of Way or land
can be
acquisition more than 40m on existing 1. Authority is requested to kindly
alignment and 60m on downloaded
provide the MoEF&CC notification no.
Bypass/Realignments. Therefore, the from e
S.O. 2559(E) dated 22.08.2013 along
Environmental clearance is not gazette
with MoEF&CC vide letter No.F.No.10-
required for the instant project in website and
35/2010-IA-III dated 04.11.2020 as
terms of latest MoEF&CC notification the letter
mentioned in the clause.
No. S.O. 2559(E) dated 22.08.2013. dated
Schedule A, Earlier the CRZ clearance was 04.11.2020
1. 2. The Time Period for the
Annex IV obtained on 13.10.2014. The proposal issued by
Construction is 2.5 Years as
for extension of earlier approval (with MoEF & CC
mentioned in the Tender Notice Dated
modification as per 6 lane project) was is uploaded
placed before the Expert Appraisal 5-5-21 and the grant of extension for
2) Extension of
Committee of MoEF&CC on CRZ and Alappuzha is till 13-10-22
CRZ
30.07.2020. Further, MoEF&CC vide and 30-12-21 respectively.
Clearance is
letter No.F.No.10-35/2010-IA-III Authority is requested to kindly clear
already
dated 04.11.2020 has granted the ambiguity.
extension of CRZ clearance till applied and
13.10.2022 and for Alappuzha Bypass same will be
till 30.12.2021 obtained in
due course.
Service Road Service Road provided at different Please refer
Note: locations within project stretch has Corrigendum 7.
Above length of the service roads/slip been appended in table of Clause 2.8
roads is indicative and minimum of Schedule-B. At the same time,
specified. The actual length of the
unlimited scope of Service Road
service roads/slip roads shall be
determined by the Contractor in
without any location and linear
accordance with the IRC: SP: 87-2019 dimensions has been mentioned in
Clause 2.8, Footnote with 'no provision of change
2. requirements with approval from the
Schedule B Authority’s Engineer. Any increase in of scope'.
the length specified in this Clause of
ScheduleB shall not constitute a
Authority is requested to kindly
Change of Scope, save and except any provide the details of Service Road
variations in the length arising out of a required in other locations, if any,
Change of Scope expressly undertaken other than the details given in table,
in accordance with the provisions of or the footnote may delete/ amend
Article 13. accordingly.
As per GAD, out of overall span, 63.46 Please refer
m span length (ROB Section) is to be Corrigendum 7.
Elevated Structure:
Clause 2.9.1, made of Steel Truss whereas there is
3. 409+800 to 413+140
Schedule B Type of Structure : PSC I Girder no mention of Truss in the Clause
2.9.1. Authority is requested to kindly
amend the clause accordingly.
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As per policy related construction of Please refer

ROBs/RUBs on NH corridors, policy Corrigendum 7.
No. RW/NH-34066/47/2014-S&R(B)
dated 10th November 2014, no levy
charge to be paid to Railways against
Construction of New 3-Lane ROBs
construction of ROB/RUB under
Clause 7.4.2, Note 4
4. railway land.
Schedule B All charges payable to the railways
shall be borne by the Contractor. Bidder requested to provide any latest
circular/amendment for payment of
levy charges to railway dept. may
please provide for better
understanding. Else the foot note to
be deleted/amended accordingly.
Bidder understands that the No Change
Earth Retaining Structures (RE wall contractor is free to adopt any new/
/ RCC) shall be provided at the edge modified / change in design and
of Service Road
during construction phase as per the
Clause 12.1, Note: Requirement given is indicative.
5. site condition/geology or based on
Schedule B Contractor to provide Earth Retaining
Structures as per site conditions and any new development/ technology
final design. No change of scope on the provision of any Earth Retaining
account of this will be allowed. Structures which are mentioned in the
Clause 12.1 Schedule B. Please clarify.
Bidder understands that the No Change
Earth Retaining Structures (RE wall contractor is free to adopt any new/
/ RCC) shall be provided between modified / change in design and
Main Carriageway and Service Road
during construction phase as per the
Clause 12.2, Note: Requirement given is indicative.
6. site condition/geology or based on
Schedule B Contractor to provide Earth Retaining
Structures as per site conditions and any new development/ technology
final design. No change of scope on the provision of any Earth Retaining
account of this will be allowed. Structures which are mentioned in the
Clause 12.2 Schedule B. Please clarify.
Toe Wall/ Retaining Wall/ Breast No Change.
Wall/RE Wall provided at different
locations within project stretch has
been appended in table of Clause 12.1
and 12.2 of Schedule-B. At the same
Toe Wall/ Retaining Wall/ Breast
Wall/RE Wall time, unlimited scope of Toe Wall/
Retaining Wall/ Breast Wall/RE Wall
Clause 12.1, Sub Clause: Requirement given is without any location and linear
7. 12.2, Schedule indicative. Contractor to provide Earth dimensions has been mentioned in
B Retaining Structures as per site Footnote with 'no provision of change
conditions and final design. No
change of scope on account of this
of scope'.
will be allowed. Authority is requested to kindly
provide the details of Toe Wall/ Retaining
Wall/ Breast Wall/RE Wall required in
other locations, if any, other than the
details given in table, or the footnote may
delete/ amend accordingly.
8. Clause 14, Utility Shifting Authority is requested to kindly No change.
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Schedule B Shifting of obstructing existing utilities provide the Utility relocation Plan.
indicated in Schedule A to an
appropriate location in accordance
with the standards and specifications
of concerned Utility Owning
Department is part of the scope of
work of the Contractor. The bidders
may visit the site and assess the
quantum of shifting of utilities for the
project before submission of their bid.
Contractor shall prepare utility
relocation plan in consultation with
concerned utility owing department.
The specifications of concerned Utility
Owning Department shall be
applicable and followed.
“The Authority Representative, the AE will be
Contractor and Authority’s appointed as
Engineer shall, within 10 (ten) Memorandum shall be jointly per provision
days of the date of this Agreement, prepared by Authority of Contact
Clause - 8.2 (i)
inspect the Site and prepare a Representative, the Contractor and Agreement.
Procurement detailed memorandum containing Authority’s Engineer (AE). So, in case
9. of the Site an inventory of the Site including AE is not appointed within the
the vacant and unencumbered timeframe i.e. 10 days from signing of
land, buildings, structures, road the agreement, how this activity shall
works, trees and any other be accomplished?
immovable property on or
attached to the Site…”
“…If the contractor fails to join for No change.
site inspection or disputes the
parts of the site available for work, During preparation of memorandum
Clause – 8.2 the Authority’s Engineer shall by Authority representative and AE, if
(ii) decide the parts of the site where any dispute on hindered /
work can be executed and notify to encumbered RoW is raised by
10. Procurement both the parties within 3 days of Contractor, how the concern of the
of the Site the proposed date of inspection. Contractor will be addressed as the
The parties agree that such said provision is against the spirit of
notification of the Authority’s the Contract and good industry
Engineer as mentioned practice.
hereinabove shall be final and
binding on the parties.”
(i) Upon completion of all Works It invariably happens that some part No change.
forming part of the Project of Project remains incomplete for
reasons not attributable to the
Clause - 12.2 Highway, and the Authority’s
Engineer determining the Tests to Contractor. In such cases, it is
Completion understood by the Bidder that if land
11. Certificate be successful and after the receipt
/ RoW, as stipulated in the
of notarized true copies of the
Agreement, is not made available to
certificate(s) of insurance, copies the Contractor, such works should be
of insurance policies and premium removed from the Scope of the
payment receipts in respect of the Contractor and will have no impact on
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292481/2021/GM (Kerla) Office

insurance defined in Article 20 and the issuance of Completion Certificate.

Schedule P of this Agreement, it
shall, at the request of the
Contractor forthwith issue to the
Contractor and the Authority a
certificate substantially in the form
set forth in Schedule-L (the
“Completion Certificate”).
(ii) Upon receiving the Completion
Certificate, the Contractor shall
remove its equipment, materials,
debris and temporary works from
the Site within a period of 30
(thirty) days thereof, failing which
the Authority may remove or cause
to be removed, such equipment,
materials, debris and temporary
works and recover from the
Contractor an amount equal to
120% (one hundred and twenty
per cent) of the actual cost of
removal incurred by the Authority.

(iii) Without prejudice to the

obligations of the Contractor
specified in Articles 14 and 17, the
property and ownership of all the
completed Works forming part of
the Project Highway shall vest in
the Authority.
The bidder understands that without No change.
In the event of the Authority change of scope notice, Contractor
determining that a Change of Scope shall not be forced to commence such
is necessary, it may direct the additional works. Admission/ denial
Clasue-13.2 (i) Authority’s Engineer to issue to the
of in principle approval for Change of
Procedure for Contractor a notice specifying in Scope shall be given by the Authority
reasonable detail the Works and Engineer within 30 days (or as
12. Change of
services contemplated thereunder specified by the Authority) of
Scope (the “Change of Scope Notice”). The
intimation by the Contractor.
Contractor shall submit a detailed
proposal as per Clause 13.2 (iii) In case of delay by the Authority, issue
within 15 days from the receipt of of Completion Certificate shall not be
Change of Scope Notice. affected on account of non-completion
of such works.
Clause- If the Contractor determines, not The bidder understands that in the No change.
13 13.2(ii) later than 90 days from the cases that arise due to other factors
Procedure for Appointed Date, that a Change of such as encountering new utilities,
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Change of Scope to the Works is required, it ancillary works, public demands etc.
Scope shall prepare a proposal with during course of execution of Project
relevant details as per Clause 13.2 beyond 90 days of Appointed Date,
(iii) at its own cost and shall the change of Scope request shall be
submit to the Authority to consider accepted by the Authority and dealt
such Change of Scope (the under Article 13 only.
“Change of Scope Request”).
The parties agree that costs and No change.
time for implementation of the
proposed Change of Scope shall be
determined as per the following:
(a) For works where Schedule of
Rates (SOR) of concerned circle of
Clause - 13.2 State’s Public Works Department
(iv) Procedure are applicable at the Base Date are The Bidder understands that for
for Change of available, the same shall be working out COS cost estimates, the
14. applicable for determination of SOR of current year should be
Scope
costs. In case of non-availability of adopted or SOR rate be escalated
Schedule of Rates at the Base Date, based on WPI. Please confirm.
the available Schedule of Rates
shall be applied by updating the
same based on WPI. In case the
Contract Price is lower/ higher
than the Estimated Project Cost as
per RFP, then the SOR rates shall
be reduced/ increased in the same
proportion accordingly.
Upon consideration of the detailed No change.
proposal submitted by the
Contractor under the Clause 13.2
(iii), the Authority, within 15
(fifteen) days of receipt of such
proposal, may in its sole discretion
either accept such Change of Scope
13.2 (v) Kindly clarify the timelines on
with modifications, if any, and issuance of Change of Scope Order by
15. Change of initiate proceedings thereof in Authority from the date of Change of
Scope order accordance with this Article 13 or Scope Notice?
reject the proposal and inform the
Contractor of its decision and shall
issue an order (the “Change of
Scope Order”) requiring the
Contractor to proceed with the
performance thereof.

It is understood that during No change.

Clause 14.1: Maintenance obligations of the Maintenance period Authority is
16. Maintenance Contractor responsible for providing and bearing
Electrical charges, whatsoever, for the
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project facilities.
Please clarify what does prior means. No change.
Clause - 19.10
MI = The WPI for all Do we need to include the month to
Price commodities for the month which the IPC relates, in calculating
17. adjustment three months prior to the month the three months for deriving the
for the Works to which the IPC relates. month for which WPI has to be taken.
Please clarify
Any Dispute which is not resolved SAROD is an
amicably by conciliation as independent
provided in Clause 26.2 shall be body which
finally settled by arbitration as set have been
forth below: formed by
As per Arbitration and Conciliation NHAI along
i. The Dispute shall be finally Act, Arbitrator should be independent with NHBF for
or impartial. But SAROD is not an settlement of
referred to Society for Affordable
independent body, it is a part of dispute. It
Resolution of Disputes (hereinafter
NHAI/controlled by NHAI. It conducts consists of
called as SAROD), a Society Arbitrations for disputes related to
registered under Society's ACT only NHAI. All controlling members of representatives
Clause – 26.3.1 1860 vide Registration no. SAROD including secretary are from both sides
i.e. NHAI and
(i) S/RŠ/SW1049/2013 duly appointed from NHAI. Therefore,
NHBF.
18. represented by Authority and independence and impartiality of
Arbitration
National Highways Builders SAROD is under question, and same
Federation (NHBF). The dispute goes for the Arbitrators appointed
shall be dealt with in terms of from panel of SAROD. It is therefore
Rules of SAROD. The detailed suggested that SAROD rules not to be
procedure for conducting applied on the Contract Agreement for
Arbitration and Arbitration be carried
Arbitration shall be governed by
out on Ad-hoc basis, thus amending
the Rules of SAROD and Provisions
the Arbitration Agreement between
of Arbitration & Conciliation Act, the parties.
1996, as amended from time to
time. The Dispute shall be
governed by Substantive Law of
India.

(iv) Other tests: The Authority’s No change.

Engineer may require the
Contractor to carry out or cause to
be carried additional tests, in
accordance with Good Industry
Schedule-K The Authority shall clarify the
Practice, for determining the
Test on compliance of the Project Highway meaning of the Other tests, the
Completion, 2. with Specifications and Standards, details needs to be mentioned
19.
Test specifically about the types of other
except tests as specified in clause
tests possible as there is minimum
5, but shall include measuring the
but no limit for maximum.
reflectivity of road markings and
road signs; and measuring the
illumination level (lux) of lighting
using requisite testing equipment.
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(i) “If as a result of Change in If the Authority, within 15 days from No change.
Law, the Contractor suffers any the date of receipt of the notice from
additional costs in the execution of the Contractor, does not determine
the Works or in relation to the any addition or reduction to the
performance of its other Contract Price, as the case may be, due
obligations under this Agreement, to the Change in Law then what
remedy the Contractor will have and
the Contractor shall, within 15
how the concern of the Contractor will
(fifteen) days from the date it
be addressed with respect to the
becomes reasonably aware of such determination of Change in Law.
addition in cost, notify the
Clause 19.17: Authority with a copy to the
20. Authority’s Engineer of such
Change in law
additional cost due to Change in
Law”.
(iii) “The Authority’s Engineer
shall, within 15 (fifteen) days from
the date of receipt of the notice
from the Contractor or the
Authority, determine any addition
or reduction to the Contract Price,
as the case may be, due to the
Change in Law”.

Clause 3.1 (iii) (b) Obligation of Kindly update the current stage of GAD is already
Authority: approval of general arrangement approved by
drawings (the “GAD“) for particular Railway. Copy
The Authority shall provide to the road over-bridge/ under-bridges. in enclosed as
Contractor Annexure-2
Clause 3.1 (iii)
(b) Obligation “approval of general arrangement
21. of Authority drawings (the “GAD”) from railway
authorities to enable the
Contractor to construct road over-
bridges/ under-bridges……., within
a period of 60 (sixty) days from the
Appointed Date……….”

Clause 9.2: Shifting of obstructing Please update the status of approval No change.
utilities of estimates to be given by concerned
utility owing department for shifting
“……The Authority will provide
Clause 9.2: of utilities as specified in Technical
assistance to the Contractor for
Shifting of Schedule – B and Schedule – A
22. obtaining the estimates for shifting
obstructing
of such utilities from the entity
utilities
owing such electric lines, water
pipes or telephone cables, as the
case may be……”
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General Pre Bid Queries

Requested you kindly increase the No change.
NIT- Construction duration for the project,
Completion Completion Period as execution duration is very less as
1.
Period compare to quantum of work for the
Project. Kindly review the
Construction duration.
DPR is
General Detail Project Reports Authority are requested to please uploaded for
2.
provide the Detail Project Reports. reference
purposes only.
Geotechnical
Authority is requested to kindly Investigation
General Geotechnical Investigation Report provide Geotechnical Investigation Report is
3.
Report for the better understanding uploaded for
of the Project. reference
purposes only.
As utility is Contactor scope. Kindly As per RFP
4. General provide the client estimate for the
competitive bidding.
Request the Authority to kindly NIL
provide details of Forest land to be
5. General Forest Land & Clearance
diverted and status of Forest
Clearance
Request the Authority to kindly NIL
6. General Wildlife Clearance provide Applicability and status of
wildlife clearance
(i) Total land required for project (in 172.75
Ha.)
(ii) Land already in possession 129.11
(EROW) (in Ha.)
(iii) Total additional land to be
7. General Status of Land Acquisition acquired
a) Private land (in Ha.)
b) Govt land (in Ha.)
c) Forest (in Ha.)
(iv) Notification under Section 3(A) 42.29
Completed for (in Ha.)
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(v) Notification under Section 3(D) 42.29

Completed for (in Ha.)
(vi) Determination of Compensation 39.96
amount under Section 3(G)
(vii) Area of land for which Funds Authority shall
have been deposited with Competent provide land as
Authority for Land Acquisition (CALA) per provision
by MoRTH (in Ha.) of Annex-II of
(viii) Areas of land for which Schedule-A
compensation has been disbursed by
CALA (in Ha.)
Pending Litigation No change.
Delay in execution of the project
highways due to panding litigation, if
8. General any, shall be treated as Political Force
Majeure event amd contractor may
kindly be compensated accodingly .

The Authority is requested to clarify As per Article-

the role of the Team Leader of 18
Authority’s Engineer, shall any notices
from the Team Leader be considered
as notice from the Authority’s
9. General Engineer.
Also, kindly clarify is Team Leader
authorized to communicate on behalf
of Authority’s Engineer.

The Authority is requested to clarify As per Article-

the role of the Team Leader of 18
Authority’s Engineer, shall any notices
from the Team Leader be considered
as notice from the Authority’s
10. General Engineer.
Also, kindly clarify is Team Leader
authorized to communicate on behalf
of Authority’s Engineer.

Does the project traverse through or As per Article-6

is located in proximity to any eco-
sensitive zone (ESZ) notified by
MoEF?
11. General Please provide ESZ information.

Does the project traverse through or

in close proximity to Important Bird
Areas (IBAs)? Please clarify.
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Does the project traverse through

Protected Areas (PA) or within 10 km
of PA? Please clarify.

Does the proposed project lie in the

proximity to archaeological sites?
Please provide details.

Is the proposed project located in an

area susceptible to natural hazards?
Please clarify.

Does the project road traverse

through densely populated area?
Please clarify
Is the proposed project site under
litigation concerning Environmental &
Social issues? Please clarify.