SECTION - 1

Instructions To Bidders
National Highways Authority of India Bid Document/Volume I/Section 1

Section 1 : Instructions to Bidders

Table of Clauses

Page No. Page No.

A. General
1. Scope of Bid 1-2 20. Deadline for Submission of Bids 1-11
2. Source of Funds 1-2 21. Late Bids 1-11
3. Eligible Bidders 1-2 22. Modification and Withdrawal of Bids 1-11
4. Qualification of the Bidder 1-2
5. Non-Existent 1-6 E. Bid Opening and Evaluation
6. Cost of Bidding 1-6 23. Bid Opening 1-12
7. Site Visit 1-6 24. Process to be Confidential 1-12
25. Clarification of Financial Bids 1-13
B. Bidding Documents 26. Examination of Bids and 1-13
Determination of Responsiveness
8. Content of Bidding 1-6 27. Correction of Errors 1-13
Documents
9. Clarification of Bidding 1-7 28. Non-existent 1-14
Documents
10. Amendment of Bidding 1-7 29. Evaluation and Comparison of 1-14
Documents Financial Bids
30. Non-existent 1-14
C. Preparation of Bids
11. Language of Bid 1-8 F. Award of Contract
12. Documents Comprising the 1-8 31. Award Criteria 1-14
Bid
13. Bid Prices 1-8 32. Employer’s Right to Accept any Bid 1-15
and to Reject any or all Bids
14. Currencies of Bid and 1-9 33. Notification of Award and Signing of 1-15
Payment Agreement
15. Bid Validity 1-9 34. Performance Security 1-15
16. Bid Security 1-9 35. Advance Payment and Security 1-16
17. Alternative Proposals by 1-10 36. Non-Existent 1-16
Bidders
18. Format and Signing of Bid 1-10 37. Corrupt or Fraudulent Practices 1-16
D. Submission of Bids Appendix to I.T.B. 1-17
19. Sealing and marking of 1-10 Annex-I 1-19
Bids Annex-II 1-20

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SECTION - 1
INSTRUCTIONS TO BIDDERS (ITB)

A. GENERAL

1. Scope of Bid
1.1 The Employer (named in Appendix to ITB) invites bids for the construction of works (as
defined in these documents and referred to as “the works”) detailed in the table given in
the IFB.
1.2 The successful bidder will be expected to complete the Works by intended completion
date specified in the Contract data.
1.3 Throughout these bidding documents, the terms “bid” and “tender” and derivatives
(bidder/tenderer, bid/tender, bidding/tendering etc.) are synonymous
2. Source of Funds
2.1 The expenditure on the budget will be met from the budget of National Highways
Authority of India.
3. Eligible Bidders
3.1 This Invitation for Bids is open to all Bidders.
3.2 All Bidders shall provide in Section-2, Forms of Bid and Qualification Information, a
statement that the Bidder is neither associated nor has been associated directly or
indirectly, with the consultant or any other entity that has prepared specifications and
other documents for the Project or being proposed as Project Manager for the Contract. A
firm that has been engaged by the Employer to provide consulting services for the
preparation or supervision of the work, and any of its affiliates, shall not be eligible to
bid.
4. Qualification of the Bidder
4.1 All Bidders shall provide in Section-2, Forms of Bid and Qualification Information, a
preliminary description of the proposed work method and schedule, including drawings
and charts, as necessary. The proposed methodology should include programme of
construction backed with equipment planning and deployment duly supported with broad
calculations and quality assurance procedures proposed to be adopted justifying their
capability of execution and completion of work as per technical specifications, within
stipulated period of completion.
4.2 Non-Existent
4.3 All Bidders shall include the following information and documents with their bids
in Section 2:
(a) copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; written power of attorney of the
signatory of the Bid to commit the Bidder;
(b) total monetary value of construction work performed for each of the last five
years;

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(c) experience in works of a similar nature and size for each of the last six years, and
details of works underway or contractually committed; and clients who may be
contacted for further information on those contracts;
(d) major items of construction equipment proposed to carry out the Contract;
(e) qualifications and experience of key site management and technical personnel
proposed for Contract:
(f) reports on the financial standing of the Bidder, such as profit and loss statements
and auditor's reports for the past five years;
(g) evidence of access to line (s) of credit and availability of other financial resources
facilities (10% of contract value), certified by the Bankers (Not more than 3
months old)
(h) undertaking that the bidder will be able to invest a minimum cash upto 25% of
contract value of work, during implementation of work.
(i) authority to seek references from the Bidder's bankers;
(j) information regarding any litigation, current or during the last five years, in
which the Bidder is involved, the parties concerned, and disputed amount with
present status.
(k) Non Existent
(l) the proposed methodology and programme of construction, backed with
equipment planning and deployment, duly supported with broad calculations and
quality control procedures proposed to be adopted, justifying their capability of
execution and completion of the work as per technical specifications within the
stipulated period of completion as per milestones.
4.4 Non-Existent
4.5 Qualification Criteria
(A) The qualification will be based on Applicants meeting all the following minimum
pass/fail criteria regarding their general and particular experience, financial position,
personnel and equipment capabilities and other relevant information as demonstrated by
the Applicant’s responses in the forms given in Section 2. The financial bids of only
those bidders will be opened who passes the criteria laid herein. Additional requirements
for Joint Ventures are given in para 4.8 below.
The capacity for bidding of the Applicant will be assessed on the basis of the minimum of
the assessed value under either of the following criteria :
i) average annual turnover [Sub Clause 4.5A(a)]
ii)particular construction experience [Sub Clause 4.5A(b)] and
iii)
construction cash flow [Sub Clause 4.5 B(c)]
a) General Construction Experience
The Applicant shall provide evidence that :
i) it has been actively engaged in the civil works construction business in the role of
prime contractor, partner in joint venture or subcontractor
ii) The Applicant has generated a minimum average annual construction turn over,
during the last 5 years, the amount indicated in Appendix to I.T.B.
The turn over is defined as the total of certified payment certificates for the works
completed and in progress by the Applicant.
b) Particular Construction Experience
The applicant shall provide evidence that it has successfully completed within the last
six years at least one contract pertaining to highways (road and / or bridge works) /
airport runway of size of amount indicated in Appendix to I.T.B. The works may
have been executed by the Applicant as prime contractor or as member of joint
venture or as subcontractor

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c) Non-Existent
d) Non-Existent
e) Non-Existent
(B) Each bidder should further demonstrate:
a) availability (either owned or leased or by procurement against mobilization advances)
of the key and critical equipment for this work:
Based on the studies, carried out by the Engineer, the minimum suggested major
equipment to attain the completion of works in accordance with the prescribed
construction schedule are shown in the Annexure -I.
The Bidders should, however, undertake their own studies and furnish with their bid,
a detailed construction planning and methodology supported with layout and
necessary drawings and calculations (detailed) as stated in clause 4.3 (l) above to
allow the employer to review their proposal. The numbers, types and capacities of
each plant/equipment shall be shown in the proposal along with the cycle time for
each operation for the given production capacity to match the requirements.
b) availability for this work of personnel with adequate experience as required, as per
Annexure - II.
Further, the employer shall discuss the requirement of equipment and personnel in
detail with the successful bidder in accordance with the programme of work for
completion within the stipulated period of completion and the bidder shall have to
modify and/or augment them as required, based on such discussions.
c) Financial Capabilities
i) The Applicant shall demonstrate that it has access to, or has available, liquid
assets (aggregate of working capital, cash in hand and uncommitted bank
guarantees), lines of credit, and other financial means (independent of any
contractual advance payment) sufficient to meet the construction cash flow
requirements, the amount indicated in Appendix to I.T.B., net of the Applicants
commitments for other contracts.
ii) In the relevant information form, the Applicant shall also demonstrate, to the
satisfaction of the Employer, that it has adequate source of finance to meet the
cash flow requirement of works currently in progress and for future contract
commitments
iii) The audited balance sheets for the last five years shall be submitted and must
demonstrate the current soundness of the Applicant’s financial position, and
indicate its prospective long-terms profitability (including an estimated financial
projection for the next two years). If deemed necessary, the Employer shall have
the authority to make inquiries with the Applicant’s bankers
(C) Non-Existent
4.6 Non-Existent
4.7 Bidders who 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 under:

Assessed Available Bid capacity = ( A*N*2 – B)

Where
A = Maximum value of civil engineering works executed in any one year during the last
five years (updated to the price level of the year indic ated in Appendix to I.T.B.)
taking into account the completed as well as works in progress.
N = Number of years prescribed for completion of the works for which bids are invited.

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B = Value (updated to the price level of the year indicated in Appendix to ITB) of
existing commitments and on-going works to be completed during the next
2½ years (period of completion of the works for which bids are invited)
Note: i) The statements showing the value of existing commitments and on-going works as
well as the stipulated period of completion remaining for each of the works listed
should be countersigned by the Engineer in charge, not below the rank of an
Executive Engineer or equivalent.
ii) Multiplying factors for escalation of financial figures will be taken as indicated in
Appendix
4.8 JOINT VENTURES
4.8.1 If the Applicant comprises a number of firms (limited to three including Major Partner)
combining their resources in a joint venture, the legal entity constituting the joint venture
and the individual partners in the joint venture shall be registered in India.
4.8.2 The joint venture must satisfy collectively the criteria of Clause 4
i) For this purpose the following data of each member of the joint venture may be added
together to meet the collective qualifyin g criteria :
a) annual turnover (Sub-Clause 4.5.A.(a))
b) particular experience (Sub-Clause 4.5.A.(b)
c) construction cash flow (Sub-Clause 4.5B(c))
d) personnel capabilities (Sub-Clause 4.5B(b))
e) equipment capabilities (Sub-Clause 4.5B(a))
ii) Each partner must satisfy the following criteria individually :
a) general construction experience for the period of years stated in Sub-Clause 4.5
(A) (a)
b) adequate sources to meet the financial commitments on other contracts (Sub-
Clause 4.5(B) (c) (ii))
c) financial soundness (Sub-Clause 4.5 (B) (c) (iii))
d) litigation history (Sub-Clause 4.9)
iii) The major partner shall meet not less than 50% of the following qualifying criteria :
a) average annual turnover (Sub-Clause 4.5(A) (a))
b) particular construction experience (Sub-Clause 4.5(A) (b))
c) financial capabilities (Sub-Clause 4.5(B) (c) (i))
iv) Each of the remaining partners shall meet not less than 25% of the following
qualifying criteria :
a) average annual turnover (Sub-Clause 4.5(A) (a))
b) financial capabilities (Sub-clause 4.5(B)(c)(i))
In accordance with the above, the Application shall include all related information
required under Clause 4 for individual partners in the joint venture.
4.8.3 One of the partners, who is responsible for performing a key function in contract
management or is executing a major component of the proposed contract, shall be
nominated as being in charge during the qualification and bidding periods and, in the
event of a successful bid, during contract execution. The partner in charge shall be
authorized to incur liabilities and receive instructions for and on behalf of any and all
partners of the joint venture; this authorization shall be evidenced by submitting a power
of attorney signed by legally authorized signatories of all the partners

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4.8.4 Joint Venture Partners would be limited to three (including the major Partner)
4.8.5 All partners of the joint venture shall be legally liable, jointly and severally, during the
bidding process and for the execution of the contract in accordance with the contract
terms, and a statement to this effect shall be included in the authorization mentioned
under Sub-Clause 4.8.3 above.
4.8.6 A copy of the Joint Venture Agreement (JVA) entered into by the partners shall be
submitted with the Application. Alternatively, a Letter of Intent to execute a JVA in the
event of a successful bid shall be signed by all partners and submitted with the
Application together with a copy of the proposed Agreement. Pursuant to Sub-Clause
4.8.3 to 4.8.5 above, the JVA shall include among other things : the JV’s objectives; the
proposed management structure; the contribution of each partner to the joint venture
operations; the commitment of the partners to joint and several liability for due
performance; re-course/sanctions within the JV in the event of default or withdrawal of
any partner; and arrangements for providing the required indemnities.
4.9 Litigation History
The Applicant should provide accurate information about any litigation or arbitration
resulting from contracts completed or ongoing under its execution over the last five years.
A consistent history of awards against the Applicant or any partner of a joint venture will
result in failure of the application
4.10 Right of Waive
The Employer reserves the right to waive minor deviations in the qualification criteria if
they do not materially affect the capabilities of an Applicant to perform the contract.
4.11 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
- made misleading or false representations in the forms, statements and attachments
submitted in proof of the qualification requirements; and/or
- record of poor performance such as abandoning the works, not properly completing
the contract, inordinate delays in completion, litigation history, financial failures or
debarring from National Highways Authority of India works etc.
5. Non-Existent
6. Cost of Bidding
6.1 The Bidder shall bear all costs associated with the preparation and submission of his bid
and the Employer will in no case be responsible or liable for those costs.
7. Site Visit
7.1 The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine
the Site of Works and its surroundings and obtain 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.
B. BIDDING DOCUMENTS
8. Content of Bidding Documents
8.1 The set of Bidding documents comprises the documents listed below and Addenda issued
in accordance with Clause 10.
Sections Particulars Volume
Invitation for Bid I
Section 1 Instructions to Bidders
Section 2 Qualification Information, and other forms
Section 3 Conditions of Contract

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Sections Particulars Volume

Section 4 Contract Data
Section 5 Technical Specifications II
Section 6 Form of Bid
Section 7 Bill of Quantities III
Section 8 Securities and other forms
Section 9 Drawings IV
Section 10 Documents to be furnished by Bidder V

8.2 One copy of each of the volumes I, II and IV and 2 copies of Vol. III will be issued to the
Bidder. Documents to be furnished by the Bidder in compliance to Section 2 will be
prepared by him and furnished as Volume-V in two parts (refer clause 12).
8.3 The bidder is expected to examine carefully all Instructions, Conditions of Contract,
Contract Data, Forms, Terms, Technical Specifications, Bill of Quantities, Annexes and
Drawings in the Bid Document. Failure to comply with the requirements of bid
submission will be at the bidder’s own risk. Pursuant to Clause 26 hereof bids which are
not substantially responsive to the requirements of the bidding documents shall be
rejected.
9. Clarification of Bidding Documents
9.1 A prospective bidder requiring any clarification of the bidding- documents may notify the
Employer in writing or by cable (hereinafter, the term "cable” is deemed to include telex
and facsimile) at the Employer's address indicated in the Invitation for Bids. The
Employer will respond to any request for clarification which he receives earlier than 15
days prior to the deadline for submission of bids. Copies of the Employer’s response will
be forwarded to all purchasers of the bidding documents including a description of the
enquiry but without identifying its source.
9.2 Pre -bid Meeting
9.2.1 The bidder or his official representative is invited to attend a pre-bid meeting, which will
take place at the address, venue, time and date as indicated in Appendix to I.T.B..
9.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter
that may be raised at that stage.
9.2.3 The bidder is requested to submit any questions in writing or by cable to reach the
Employer not later than one week before the meeting.
9.2.4 Minutes of the meeting, including the text of the questions raised (without identifying the
source of enquiry) and the responses given will be transmitted without delay to all
purchasers of the bidding documents. Any modification of the bidding documents listed
in Sub-Clause 8.1 which 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 Clause
10 and not through the minutes of the pre-bid meeting.
9.2.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder.
10. Amendment of Bidding Documents
10.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the bidding documents pursuant to Sub-Clause
8.1 and shall be communicated in writing or by cable to all purchasers of the bidding
documents. Prospective bidders shall acknowledge receipt of each addendum by cable to
the Employer. The Employer will assume no responsibility for postal delays.
10.3 To afford prospective bidders reasonable time in which to take an addendum into account
in preparing their bids, the Employer may extend as necessary the deadline for
submission of bids, in accordance with Sub-Clause 20.2 below.

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C. PREPARATION OF BIDS
11. Language of the Bid
11.1 All correspondence related to the bid shall be in English language.

12. Document Comprising the Bid

12.1 The bid documents are those documents submitted or deemed to be submitted by the
bidder and which constitute the bidder's offer.
12.2 The bid to be submitted by the bidder as Volume V of Bid document (Refer Clause 8.1)
shall be in two separate parts.
Part I shall be named “Technical Bid” and shall comprise.
i) Bid security in the form as specified in Section 8
ii) Qualification Information and supporting documents as specified in Section 2.
iii) Certificates, undertaking, affidavits pursuant to clause 4.3 of these instructions.
iv) Any other information persuant to clause 4.0 of these instructions.
v) Undertaking that, the bid shall remain valid for the period specified in Clause 15.1
Part – II shall be named “Financial Bid” and shall comprise
(i) Form of Bid as specified in Section 6 dully filled and signed by bidder
(ii) Priced Bill of Quantities for items specified in Section 7 duly filled and signed by
bidder
Each part will be separately sealed and marked in accordance with the Sealing and
Marking Instructions in Clause 19.
12.3 The Bidder shall prepare two copies of the Bid, marking them ‘Original’ and ‘Copy’
respectively.
12.4 Following documents, which are not submitted with the Bid, will be deemed to be part of
the Bid.

Section Particulars Volume No.

Invitation for Bids (IFB)
1 Instructions to Bidders
3 Conditions of Contract Volume I
4 Contract Data
5 Technical Specifications Volume II
8 Forms Volume III
9 Drawings Volume IV

13. Bid Prices

13.1 The Contract shall be for the whole Works as described in Sub-Clause 1.1 based on the
priced Bill of Quantities submitted by the Bidder.

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13.2 The bidder shall fill in rates and prices and line item total (both in figures and words) for
all items of the Works described in the Bill of Quantities along with total bid price(both in
figure and words) Items for which no rate or price are entered by the bidder will not be
paid for by the Employer when executed and shall be deemed covered by the other rates
and prices in the Bill of Quantities. Correction, if any, shall be made by crossing out
initialling, dating and rewriting. All pages of the bill of quantities shall be initialed.
13.3 All duties, taxes and other levies payable by the Contractor under the Contract, or for any
other cause, shall be included in the rates, prices and the total bid price submitted by the
Bidder.
13.4 The rates and prices quoted by the Bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of Clause-47 of the
Conditions of Contract.
14. Currencies of Bid and Payment
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees
14.2 All payments including advances shall be paid in Indian Rupees
15. Bid Validity
15.1 Bids shall remain valid for a period not less than 120 days (One hundred twenty days)
after the deadline date for bid submission specified in clause 20. A bid valid for a shorter
period shall be rejected by the Employer as non-responsive. In case of discrepancy in
bid validity period between that given in the undertaking pursuant to Clause 12.2 (v) and
the Form of Bid submitted by the Bidder, the latter shall be deemed to stand corrected in
accordance with the former and the Bidder has to provide for any additional security that
is required.
15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the
Employer may request that the bidders extend the period of validity for a specified
additional period. The request and the responses thereto shall be made in writing or by
Fax/ cable. A bidder may refuse the request without forfeiting his Bid security. A bidder
agreeing to the request will not be required or permitted to modify his bid but will be
required to extend the validity of his Bid security for the period of the extension and in
compliance with Clause 16 in all respects.
16. Bid Security
16.1 The bidder shall furnish as part of his Bid, a Bid Security in the amount as shown in
Column 3 of the table of Invitation for Bid (IFB) for this particular work. This bid
security shall be in favour of National Highways Authority of India and may be in one of
the following forms:
a. Receipt in challan of cash deposit in the Govt. Treasury in India.
b. Deposit-at-call Receipt from any scheduled Indian Bank or a foreign Bank located in
India and approved by the Reserve Bank of India.
c. Indian Post Office / National Savings Certificate duly endorsed by the competent
postal authority in India.
d. Bank Guarantee from any scheduled Indian bank, in the format given in Volume III.
e. Fixed Deposit Receipt, a certified cheque or an irrevocable letter of credit, issued by
any Scheduled Indian Bank or a foreign Bank approved by the Reserve Bank of India.
16.2 Bank guarantees (and other instruments having fixed validity) issued as surety for the bid
shall be valid for 45 days beyond the validity of the bid.

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16.1 Any bid not accompanied by an acceptable Bid Security and not secured as indicated in
Sub-Clauses 16.1 and 16.2 above shall be rejected by the Employer as non-responsive.
16.2 The Bid Security of the unsuccessful bidders will be returned within 28 days of the end of
the bid validity period specified in sub-clause 15.1.
16.3 The Bid Security of the successful bidder will be discharged when the bidder has signed
the Agreement and furnished the required Performance Security.
16.4 The Bid Security may be forfeited
a) If the Bidder withdraws the Bid after Bid opening during the period of bid validity
b) If the Bidder does not accept the correction of the Bid Price, pursuant to
Sub-Clause 27.
or
c) In the case of a successful Bidder, if the Bidder fails within the specified time limit to
i) sign the Agreement and/or
ii) furnish the required Performance Se curity
17. Alternative Proposals by Bidders
17.1 Bidder shall submit offers that fully comply with the requirements of the bidding
documents, including the condition of contract (including mobilisation advance or time
for completion), basic technical desig n as indicated in the Drawings and Specifications.
Conditional offer or alternative offers will not be considered further in the process of
tender evaluation.
18. Format and Signing of Bid
18.1 The bidder shall prepare one original and one copy of the documents comprising the bid
as described in Clause 12 of these Instructions to Bidders bound with the Volume
containing the Technical Bid and Financial Bid in separate parts and clearly marked
“ORIGINAL” and “COPY” as appropriate. In the event of discrepancy between them
the original shall prevail.

18.2 The original and the copy of the bid shall be typed or written in indelible ink (in the case
of copy, photo-stats are also acceptable) and shall be signed by a person or persons duly
authorized to sign on beha lf of the bidder. All pages of the bid where entries or
amendments have been made shall be initialed by the person or persons signing the bid.

18.3 The bid shall contain no alternations, omissions or additions. except those to comply with
instructions issued by the Employer or as necessary to correct errors made by the bidder
in which case such corrections shall be initialed by the person or persons signing the bid.

D. SUBMISSION OF BIDS
19. Sealing and Marking of Bids
19.1 The Bidder shall seal the original and copy of the Bid in separate envelopes, duly marking
the envelopes as “ORIGINAL” and “COPY”. These two envelopes (called as inner
envelopes) shall then be put inside one outer envelope. Each set of the inner envelope
marked “ORIGINAL” and “COPY” shall contain within it two separate sealed
envelopes marked “Technical Bid” and Financial Bid” with additional markings as
follows :
- Original or Copy, as the case may be
- Technical Bid: To be opened on 20.08.03 (date of Technical Bid opening) in the

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presence of Evaluation Committee.

- Financial Bid: Not to be opened except with the approval of Evaluation
Committee
The contents of Technical and Financial Bids will be as specified in Clause 12.2
19.2 The inner, outer, and separate envelopes containing Technical and Financial Bids shall
(a) be addressed to the Employer at the address given in Appendix to I.T.B.
(b) bear the identification as indicated in Appendix to I.T.B..
(c) Bear the name and address of the bidder
19.3 In addition to the identification required in Sub-Clause 19.1 and 19.2, each of the
envelopes shall indicate the name and address of the Bidder to enable the Bid to be
returned unopened in case it is declared late, pursuant to Claus 21, or the Evaluation
Committee declares the Bid as non responsive pursuant to Clause 23.
19.4 If the envelopes are not sealed and marked as above, the Employer will assume no
responsibility for the misplacement or premature opening of the “Technical Bid” and
“Financial Bid”

20. Deadline for Submission of the Bids

20.1 Complete Bids (including Technical and Financial) must be received by the Employer at
the address specified above not later than the date indicated in the Appendix to I.T.B.. In
the event of the specified date for the submission of bids declared a holiday for the
Employer, the Bids will be received upto the appointed time on the next working day.

20.2 The Employer may, at his discretion, extend the deadline for submission of bids by
issuing an amendment in accordance with Clause 10 in which case all rights and
obligations of the Employer and the bidders previously subject to the original deadline
will then be subject to the new deadline.

21. Late Bids

21.1 Any bid received by the Employer after the deadline for submission of bids prescribed in
Clause 20 will be returned unopened to the bidder.

22. Modification and Withdrawal of Bids

22.1 The bidder may modify or withdraw their bids by giving a notice in writing before the
deadline prescribed in clause 20.
22.2 Each bidder's modification or withdrawal notice shall be prepared, sealed, marked and
delivered in accordance with the provisions of Clause 18 and 19 with the outer and inner
envelopes additionally marked “MODIFICATIONS” or “WITHDRAWAL” as
appropriate.

22.3 No bid may be modified by the bidder after the deadline for submission of bids.
22.4 Withdrawal or modification of a Bid between the deadline for submission of bids and the
expiration of the original period of bid validity specified in clause 15.1 above or as
extended pursuant to clause 15.2 may result in the forfeiture of the Bid Security pursuant
to Clause 16.

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E. BID OPENING AND EVALUATION

23. Bid Opening
23.1 The Employer will open all the Bids received (except those received late), including
modifications made pursuant to Clause 22, in the presence of the Bidders or their
representatives who choose to attend at time, date and the place specified in Invitation for
Bids (IFB) in the manner specified in Clause 20. 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.
23.2 Envelopes marked “WITHDRAWAL” shall be opened and read out first. Bids for
which an acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall
not be opened.
23.3 The envelope containing “Technical Bid” shall be opened. The amount, form and validity
of the bid security furnished with each bid will be announced. If the bid security
furnished does not conform to the amount and validity period as specified in the bidding
documents and has not been furnished in the form specified in Clause 16, the remaining
technical bid and the sealed financial bid will be returned to the bidder.
23.4 (i) Subject to confirmation of the bid security by the issuing Bank, the bids
accompanied with valid bid security will be taken up for evaluation with respect to
the Qualification Information and other information furnished in Part I of the Bid
pursuant to Clause 12.2
(ii) After receipt of confirmation of the bid security, the Bidder will be asked in writing
(usually within 10 days of opening of the Technical Bid) to clarify or modify his
technical Bid, if necessary, with respect to any rectifiable defects.
(iii) The Bidders will respond in not more than 7 days of issue of the clarification letter,
which will also indicate the date, time and venue of opening of the Financial Bid
(iv) Immediately on receipt of these clarifications the Evaluation Committee will
finalize the list of responsive Bidders whose financial Bids are eligible for
consideration.
23.5 At the time of opening of “Financial Bid”, the names of the bidders who are found
responsive in accordance with Clause 23.4 (iv) and Clause 26 hereof will be announced.
The bids of only these bidders will be opened. The remaining bids will be returned to the
bidders unopened. The responsive Bidders’ names, the Bid prices, the total amount of
each bid, any discounts, Bid Modifications and withdrawals, and such other details as the
Employer may consider appropriate, will be announced by the Employer at the opening.
Any Bid price or discount, which is not read out and recorded will not be taken into
account in Bid Evaluation.
23.6 The Employer shall prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Sub-Clause 23.5.

24. Process to be confidential

24.1 Information relating to the examination, clarification, evaluation and comparison of Bids
and recommendations for the award of a contract shall not be disclosed to Bidders or any
other persons not officially concerned with such process until the award to the successful
Bidder has been announced.
25. Clarification of Financial Bids
25.1 To assist in the examination, evaluation and comparison of Bids, the Employer may at his
discretion, ask any bidder for clarification of his Bid, including breakdowns of unit rates.

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The request for clarification and the response shall be in writing or by cable, but no
change in the price or substance of the bid shall be sought, offered or permitted except as
required to confirm the correction of arithmetical errors discovered by the Employer in
the evaluation of the bids in accordance with Clause 27.
25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to
his bid from the time of the bid opening to the time the contract is awarded. If the Bidder
wishes to bring additional information to the notice of the Employer, it should do so in
writing.
25.3 Any effort by the Bidder to influence the Employer in the Employer’s bid evaluation, bid
comparison or contract award decisions may result in the rejection of the Bidder’s bid.

26. Examination of Bids and Determination of Responsiveness

26.1 During the detailed evaluation of “Technical Bids” the Employer will determine whether
each Bid (a) meets the eligibility criteria defined in Clause 3 and 4; (b) has been properly
signed; (c) is accompanied by the required securities and; (d) is substantially responsive
to the requirements of the Bidding documents. During the detailed evaluation of the
‘Financial Bid’ the responsiveness of the Bids will be further determined with respect to
the remaining bid conditions i.e. priced Bill of Quantities, technical specifications and
drawings.
26.2 A substantially responsive “Financial Bid” is one which conforms to all the terms,
conditions and specifications of the Bidding documents, without material deviation or
reservation. A material deviation or reservation is one (i) which affects in any substantial
way the scope, quality or performance of the Works: (ii) which limits in any substantial
way inconsistent with the bidding documents the Employer’s rights or the bidders
obligations under the contract, or (iii) whose rectification would affect unfairly the
competitive position of other bidders presenting substantially responsive bids.
26.3 If a “Financial Bid” is not substantially responsive it will be rejected by the Employer and
may not subsequently be made responsive by correction or withdrawal of the non-
conforming deviation or reservation.

27. Correction of Errors

27.1 Financial Bids determined to be substantially responsive, will be checked by the
Employer, for any arithmetical errors. Errors will be corrected by the Employer as
follows:
a) where there is a discrepancy between the amounts in figures and in words, the rates
in words will govern and
b) where there is a discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by the quantity, the unit rate as quoted will govern,
27.2 The amount stated in the bid will be adjusted by the Employer in accordance with the
above procedure for the correction of errors and with the concurrence of the Bidder, shall
be considered as binding upon the Bidder. If the Bidder does not accept the corrected
amount the Bid will be rejected and Bid Security may be forfeited in accordance with sub
clause 16.6.(b)

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28. Non-existent
29. Evaluation and Comparison of Financial Bids
29.1 The Employer will evaluate and compare only the bids determined to be substantially
responsive in accordance with Clause 26.
29.2 In evaluating the bids, the Employer will determine for each bid the Evaluated Bid Price
by adjusting the Bid Price as follows:
a) making any correction for errors pursuant to Clause 27 or
b) making an appropriate adjustment for any acceptable variations, deviations;
and
c) making appropriate adjustments to reflect discounts or other price modifications
offered in accordance with Sub-Clause 23.5
29.3 The Employer reserves the right to accept or reject any variation or deviation. Variations
and deviations, and other factors which are in excess of the requirements of the bidding
documents or otherwise result in unsolicited benefits for the Employer shall not be taken
into account in Bid evaluation.
29.4 The estimated effect of the price adjustment condit ion under Clause 47 of the Conditions
of Contract, during the period of implementation of the Contract, shall not be taken into
account in Bid evaluation
29.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer’s
estimate of the cost of the Works to be performed under the Contract, the Employer may
require the bidder to produce detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those prices with the construction
methods and schedule proposed. After evaluation of the price analyses, the Employer may
require that the amount of the performance security set forth in Clause 34 be increased at
the expense of the successful bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful bidder under the Contract.
29.6 A Bid which contains several items in the Bill of Quantities which are unrealistically
priced low and which cannot be substantiated satisfactorily by the bidder, may be rejected
as non-responsive.

30. Non-existent

F. AWARD OF CONTRACT

31. Award Criteria

31.1 Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has
been determined
(i) to be substantially responsive to the Bidding documents and who has offered the
lowest evaluated Bid Price; and
(ii) to be within the available Bid Capacity of the bidder
In no case, the contract shall be awarded to any bidder whose available bid capacity
is less than the evaluated bid price, even if the said bid is the lowest evaluated bid.
The contract will, in such cases, be awarded to the next lowest bidder at his
evaluated price.

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32. Employer's Right to accept any Bid and Reject any or all Bids
32.1 Not withstanding Clause 31 the Employer reserves the right to accept or reject any bid
and to cancel the bidding process and reject all bids, at any time prior to award of
Contract, without thereby incurring any liability to the affected bidder or bidders or any
obligation to inform the affected bidder or bidders of the grounds for the Employer’s
action.

33. Notification of Award and signing of Agreement

33.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer
prior to expiration of the period of bid validity by cable, telex or facsimile confirmed by
registered letter. This letter (hereinafter and in the Conditions of Contract called "the
Letter of Acceptance") shall name the sum which the Employer will pay the Contractor in
consideration of the execution, completion and remedying in the defects of the Works by
the Contractor as prescribed by the Contract. (hereinafter and in the Conditions of
Contract termed "the Contract Price”)
33.2 The notification of award will constitute the formation of the Contract subject only to the
furnishing of a performance security in accordance with provision of clause 34.

33.3 The Agreement will incorporate all agreements between the Employer and the successful
Bidder. It will be signed by the Employer and sent to the successful Bidder within 28
days following the notification of award along with the Letter of Acceptance. Within 21
days of receipt, the successful Bidder will sign the Agreement and deliver it to the
Employer.
33.4 Within 28 days (twenty eight days) of the date of signing the Form of Agreement, the
successful bidder shall, if required, have the same engrossed, have the correct amount of
stamp duty adjudicated by the Inspector General of Registrations, Delhi and return the
same duly signed and executed on behalf of the successful bidder to the Employer.
33.5 Upon the furnishing by the successful Bidder of the Performance Security, the Employer
will promptly notify the other Bidders that their Bids have been unsuccessful.

34. Performance Security

34.1 Within 21 (twenty one) days after the date of receipt of the Letter of Acceptance, the
successful bidder shall deliver to the Employer, a Performance Security in the form of a
Bank Guarantee given in Section 8 for an amount equivalent to 5% (five percent) of the
Contract Price plus additional security for imbalanced Bids in accordance with clause
29.5 of ITB and clause 52 of Conditions of Contract.
34.2 The Performance Security to be provided by the successful bidder in the form of a bank
guarantee, shall be issued by either (a) at the Bidder 's option, by a Nationalized/
Scheduled Indian bank or (b) by a foreign bank located in India and acceptable to the
Employer.

34.3 Failure of the successful bidder to comply with the requirements of

Clauses 34 .1 shall constitute sufficient grounds for cancellation of the award and
forfeiture of the Bid Security.

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35. Advance Payment and Security

35.1 The Employer will provide an Advance Payment on the Contract Price as stipulated in the
Conditions of Contract, subject to maximum amount, as stated in the Contract Data.
36. Non-Existent

37. Corrupt or Fraudulent Practices

37.1 The Employer will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in competing for
the contract in question and will declare the firm ineligible, either indefinitely or for a
stated period of time, to be awarded a contract with National Highways Authority Of
India if it at any time determines that the firm has engaged in corrupt or fraudulent
practices in competing for the contractor, or in execution.

37.2 Further more, Bidders shall be aware of the provisions stated in Sub-clause 23.2 and
Sub-clause 59.2 of the Condition of Contract.

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National Highways Authority of India Bid Document/Volume I/Section 1

APPENDIX to ITB
Clause Reference
with respect to
1. Name of the Employer : Chairman, National Highways Authority of India [Cl. 1.1]

2. The last five years [Cl. 4.5A]

1998 - 1999

1999 - 2000

2000 - 2001

2001 – 2002

2002 – 2003

3. The average annual financial turn over amount is Rs. 50 crores (Rs. Fifty [Cl 4.5A(a)]
crores) for the 5 years under consideration

4. Value of work is Rs. 50 crores (Rs. Fifty crores) [Cl. 4.5A(b)]

5. Liquid assets and/or availability of credit facilities is Rs. 12 crores [Cl. 4.5B(c)]
(Rs. twelve crores)

6. Price level of the financial year - 2002 – 2003 [Cl. 4.7]

7. Escalation factors (for the cost of works executed and financial figure to a [Cl. 4.7]
common base value for works completed)

Year before Multiply factor

One 1.1
Two 1.21
Three 1.33
Four 1.46
Five 1.61
8. The pre-bid meeting will take place at NHAI headquarters, G-5, G-6, [Cl. 9.2.1]
Sector 10, Dwarka, New Delhi 110 045

on 30.07.03 at 15.00 hours

9. Address of the Employer [Cl. 19.2.(a)]

National Highways Authority of India G-5,G-6, Sector 10, Dwarka, New
Delhi – 110 045

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10. Identification: [Cl. 19.2(b)]

Name of work : Four Laning and Strengthening of the existing
2 lane Carriageway from km 387.100 to km 407.100 of
NH-1
- Do not open before 15.30 hours on 20.08.03

11. The bid should be submitted latest by 20.08.03 upto 15.00 hours [Cl. 20.1]

12. The bid will be opened at NHAI Headquarter G-5, G-6 Sector 10, Dwarka, [Cl. 23.1]
New Delhi – 110 045 on 20.08.03 at 15.30 hours.

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National Highways Authority of India Bid Document/Volume I/Section 1

ANNEX-I

List of Key Plant & Equipment to be deployed on Contract Work

[Reference Cl. 4.5 (B) (a)]

Maximum age as on
Sl. Type of Equipment No. Required
01.07.2002(years)

1. Motor Grader 5 4
2. Dozer 5 2

3. Front end Loader 5 2

4. Smooth Wheeled Roller 5 8

5. Vibratory Roller 5 3
6. Hot Mix Plant with Electronic
5 1
Controls (120 TPH Capacity)
7. Paver Finisher with Electronic
5 1
Sensor 75 T/hr.

8. Wet Mix Plants 60 T/hr. 5 2

Mini Hot Mix Plant
9. 5 1
10 T/Hr.
10. Tandem Roller 5 1
11. Mechanical Auger piling rigs
for diving 1.20m dia 5 1
12. Concrete Batching and Mixing
Plant (Minimum Capacity –
30m3 /hour) 5 1

13. Transit Mixer 5 6

14. Concrete pump 5 2
15. Crane (10 TONS) 5 2
Total 37

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ANNEX-II

List of Key Personnel to be deployed on Contract Work

[Reference Cl. 4.5 (B) (b)]

Sl.
Personnel Qualification No. Required
No

B.E. Civil + 15 Years Exp.

1. Project Manager 1 No.
(10 years as Manager)

2. Site Engineer B.E. Civil + 10 Years Exp. 2 Nos.

B.E. Mech. + 10 Years Exp. or Dip.

3. Plant Engineer 2 Nos.
Mech + 15 years Exp.

B.E. Civil + 7 years Exp. or Dip. Civil

4. Quantity Surveyor 1 No.
+ 10 years /exp.

Soil & Material

5. B.E. Civil + 15 years Exp. 1 No.
Engineer

B.E. Civil + 5 years Exp. or Dip. Civil

6. Survey Engineer 1 No.
+ 8 years Exp.

7. Planning & B.E. Civil +10 years experience

Monitoring including experience in computerized 1 No.
Engineer project monitoring

Total 10

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