REQUEST FOR PROPOSAL (RFP)

For

Upgradation of Package 11: Bachhon – Chandla

– Sarwai – Gorihar – Chandrapura Road (MP –
UP Border) in the state of Madhya Pradesh on
Engineering, Procurement & Construction
(EPC) Mode under proposed NDB Loan

MADHYA PARDESH ROAD DEVELOPMENT

CORPORATION LIMITED
(M.P. State Highway Authority)
Government of Madhya Pradesh

March – 2024

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2
 TABLE OF CONTENTS

Contents Page No.

S. No.
Notice inviting RFP 5
Disclaimer 7
Glossary 9
1 Introduction 1
1.1 Background 08
1.2 Brief description of Bidding Process 10
1.3 Schedule of Bidding Process 13

2 Instructions to Bidders 14
A General 13
2.1 General terms of Bidding 13
2.2 Eligibility and qualification requirement of Bidder 18
2.3 Proprietary Data 27
2.4 Cost of Bidding 27
2.5 Site visit and verification of information 27
2.6 Verification and Disqualification 28

B Documents 29
2.7 Contents of the RFP 29
2.8 Clarifications 30
2.9 Amendment of RFP 31

C Preparation and Submission of BIDs 31

2.10 Format and Signing of BID 31
2.11 Documents comprising Technical & financial BID 31
2.12 BID Due Date 32
2.13 Late BIDs 32
2.14 Procedure of e-tendering 33
2.15 Online opening of Bids 34
2.16 Rejection of BIDs 34
2.17 Validity of BIDs 34
2.18 Confidentiality 34
2.19 Correspondence with the Bidder 34

D BID Security 38
2.20 BID Security 38
2.21 Performance Security 35
3 Evaluation of Technical and Opening & Evaluation of financial 37
Bids

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 3.1 Evaluation of Technical BIDs 37
3.2 Opening and Evaluation of financial Bids 38
3.3 Selection of Bidder 38
3.4 Contacts during BID Evaluation 39
3.5 Correspondence with the Bidder 39

4 Fraud and Corrupt Practices 40

5 Pre-BID Conference 41
6 Miscellaneous 42
Appendices
IA Letter comprising the Technical BID 43
IB Letter comprising the Financial BID 46
II Bank Guarantee for Bid security 64
III Format for Power of Attorney for signing of BID 66
IV Format for Power of Attorney for Lead Member of Joint Venture 68
V Format for Joint Bidding Agreement for Joint Venture 70
VI Integrity Pact Format 75
VII Form of Bank Guarantee (For Performance Security) 5
82
VIII Format of LOA 85
Annexure of Appendix 1A
I Details of Bidder 47
II Technical Capacity of the Bidder 51
III Financial Capacity of the Bidder 52
IV Details of Eligible Project 54
V Statement of legal capacity 57
VI Information required to Evaluate the Bid capacity 58
VII Guidelines of the Department of Disinvestment 61
VIII Details of ongoing Works 63

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 MADHYA PRADESH ROAD DEVELOPMENT
CORPORATION LIMITED
45A, Arera Hills, Bhopal, MP 462011
Notice Inviting Bid
NIT No. 12513/664/Procu./MPRDC/NDB/CW/2024 Dated 24.12.2024
Madhya Pradesh Road Development Corporation represented by the Managing Director,
M.P. Road Development Corporation (the “Authority”) is engaged in the development of
State Highways. The MPRDC is a State Highway Authority. The Authority has decided to
the development, maintenance and management of following work thereof (the “Project”) on
EPC basis, and has decided to carry out the bidding process for selection of an eligible bidder
as the Bidder to whom the Project may be awarded. Brief particulars of the Project are as
follows:
Pkg Name of Road Length Estimated Bid Cost of Construction
No. (in Project Security Document Period +
Km) Cost (1% of (in Rs.) Maintenance
(excluding EPC) Period
GST) (in Rs.
(In Rs. Cr.) Cr.)
Upgradation of Gadasarai-
24 Months +
10 Pandariya Road (CG 47.32 227.37 2.27 50,000/-
5 Years
Border)
Upgradation of Bachhon –
Chandla – Sarwai – 24 Months +
11 57.64 299.56 3.00 50,000/-
Gorihar – Chandrapura 5 Years
Road (MP – UP Border)
Upgradation of Ujjain – 24 Months +
12 38.95 273.45 2.73 50,000/-
Maksi Road 5 Years
Upgradation of Morar – 24 Months +
13 29.40 127.35 1.27 50,000/-
Chitora Road 5 Years

This RFP is for Package No. 11

The complete BID document can be viewed / downloaded from MP Tenders portal
http://mptenders.gov.in from 03.01.2025 to 04.02.2025 (up to 15:30 Hrs. IST). Bid must be
submitted online only at http://mptenders.gov.in on or before 04.02.2025 (upto 15:30 hours
IST). Technical submissions of the Bids received online shall be opened on 05.02.2025 (at
15:30 hours IST).
Bid submitted through any other mode shall not be entertained. Please note that the Authority
reserves the right to accept or reject all or any of the BIDs without assigning any reason
whatsoever.
Thanking you,
Yours faithfully,

Managing Director
Madhya Pradesh Road Development Corporation Limited

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 DISCLAIMER
This RFP is based on Standard RFP issued by Ministry of Road Transport & Highways. The
information contained in this Request for Proposal document (the “RFP”) or subsequently
provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf
of the Authority or any of its employees or advisors, is provided to Bidder(s) on the terms
and conditions set out in this RFP and such other terms and conditions subject to which such
information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions and
assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder may
require. This RFP may not be appropriate for all persons, and it is not possible for the
Authority, its employees or advisors to consider the investment objectives, financial situation
and particular needs of each party who reads or uses this RFP. The assumptions, assessments,
statements and information contained in the Bidding Documents, especially the [Feasibility
Report], may not be complete, accurate, adequate or correct. Each Bidder should, therefore,
conduct its own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments, statements and
information contained in this RFP and obtain independent advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall have
no liability to any person, including any Applicant or Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP and any assessment, assumption, statement or
information contained therein or deemed to form part of this RFP or arising in any way for
participation in this BID Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP. The Authority may in its absolute discretion, but without being under
any obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this RFP.
The issue of this RFP does not imply that the Authority is bound to select a Bidder or to
appoint the Selected Bidder JV or Contractor, as the case may be, for the Project and the
Authority reserves the right to reject all or any of the Bidders or BIDs without assigning any
reason whatsoever.

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The Bidder shall bear all its costs associated with or relating to the preparation and submission
of its BID including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by the Authority
or any other costs incurred in connection with or relating to its BID. All such costs and
expenses will remain with the Bidder and the Authority shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Bidder in
preparation or submission of the BID, regardless of the conduct or outcome of the Bidding
Process.

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 GLOSSARY

Agreement As defined in Clause 1.1.4

Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.20.1
BID(s) As defined in Clause 1.2.2
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.5
BID Due Date As defined in Clause 1.1.5
Bidding Process As defined in Clause 1.2.1
BID Security As defined in Clause 1.2.4
BID Price or BID As defined in Clause 1.2.6
Contractor As defined in Clause 1.1.2
Construction Period As defined in Clause 1.2.6
Conflict of Interest As defined in Clause 2.2.1(c)
Defect Liability Period As defined in Clause 1.2.6
Eligible Experience As defined in Clause 2.2.2.5 (i)
Eligible Projects As defined in Clause 2.2.2.5 (i)
EPC As defined in Clause 1.1.1
EPC Contract As defined in Clause 1.1.2
Estimated Project Cost As defined in Clause 1.1.3
Feasibility Report As defined in Clause 1.2.3
Financial Capacity As defined in Clause 2.2.2.3 (i)
Government Government of MP
Joint Venture As defined in Clause 2.2.1
Jt. Bidding Agreement As defined in Clause 2.1.11(f) Lead
Member As defined in Clause 2.1.11 (c) Lowest
Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.9 (ii)
Performance Security As defined in Clause 2.21.1
Additional Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.2 (i)
Tie BIDs As defined in Clause 3.3.2
Threshold Technical Capacity As defined in Clause 2.2.2.2 (i)

The words and expressions beginning with capital letters and defined in this document
shall, unless repugnant to the context, have the meaning ascribed thereto herein

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 SECTION 1
INTRODUCTION

1.1. Background
1.1.1. The Madhya Pradesh Road Development Corporation Ltd., Bhopal is engaged in
the development of State Highways and as part of this endeavour, the Authority has
decided to take up the upgradation of following road (the “Project”) through an
Engineering, Procurement and Construction (the “EPC”) Contract, and has decided
to carry out the bidding process for selection of a Bidder to whom the Project may
be awarded. A brief description of the project may be seen in the Information
Memorandum of the Project at the MP Tenders Portal website
https://mptenders.gov.in. Brief particulars of the Project are as follows

Pkg Name of Road Length Estimated Bid Cost of Construction

No. (in Project Security Document Period +
Km) Cost (1% of (in Rs.) Maintenance
(excluding EPC) Period
GST) (in Rs.
(In Rs. Cr.) Cr.)
Upgradation of
24 Months +
10 Gadasarai-Pandariya 47.32 227.37 2.27 50,000/-
5 Years
Road (CG Border)
Upgradation of Bachhon –
Chandla – Sarwai – 24 Months +
11 57.64 299.56 3.00 50,000/-
Gorihar – Chandrapura 5 Years
Road (MP – UP Border)
Upgradation of Ujjain – 24 Months +
12 38.95 273.45 2.73 50,000/-
Maksi Road 5 Years
Upgradation of Morar – 24 Months +
13 29.40 127.35 1.27 50,000/-
Chitora Road 5 Years

1.1.2. The selected Bidder (the “Contractor”) shall be responsible for designing,
engineering, procurement and construction of the Project under and in accordance
with the provisions of an engineering, procurement and construction contract (the
“EPC Contract”) to be entered into between the Contractor and the Authority in the
form provided by the Authority as part of the Bidding Documents pursuant hereto.
The Contractor shall also be responsible for the maintenance of the project during
the Defect Liability Period. The scope of work will broadly include rehabilitation,
upgradation and augmentation of the existing carriageway to two-lane with paved
shoulders standards with construction of new pavement, rehabilitation of existing
pavement, construction and/or rehabilitation of major and minor bridges, culverts,
road intersections, interchanges, drains, etc. and maintenance of the Project during
the Defect Liability Period, which shall be [05] years.

1.1.3. The estimated cost of the Project (the “Estimated Project Cost”) has been specified
in the clause 1.1.1 above. The assessment of actual costs, however, will have to be
made by the Bidders.

1.1.4. The Agreement sets forth the detailed terms and conditions for award of the project
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 to the Contractor, including the scope of the Contractor’s services and obligations.

1.1.5. The Authority shall receive BIDs pursuant to this RFP in accordance with the
terms set forth in this RFP and other documents to be provided by the Authority
pursuant to this RFP (collectively the "Bidding Documents"), and all BIDs shall
be prepared and submitted in accordance with such terms on or before the BID due
date specified in Clause 1.3 for submission of BIDs (the “BID Due Date”).

1.2. Brief description of Bidding Process

1.2.1. The Authority has adopted a single stage two part system (referred to as
the "Bidding Process") for selection of the Bidder for award of the Project. Under
this process, the bid shall be invited under two parts. Eligibility and qualification
of the Bidder will be first examined based on the details submitted under
first part (Technical Bid) with respect to eligibility and qualifications criteria
prescribed in this RFP (the “Bidder”, which expression shall, unless repugnant
to the context, include the members of the Joint Venture). The Financial Bid under
the second part shall be opened of only those Bidders who's Technical Bids are
responsive to eligibility and qualifications requirements as per this RFP. [GOI
has issued guidelines (see Annexure VII of Appendix-1A of RFP) for qualification
of Bidders seeking to acquire stakes in any public sector enterprise through
the process of disinvestment. These guidelines shall apply mutatis
mutandis to this Bidding Process. The Authority shall be entitled to disqualify
any Bidder in accordance with the aforesaid guidelines at any stage of the Bidding
Process. Bidders must satisfy themselves that they are qualified to bid, and should
give an undertaking to this effect in the form at Appendix-IA]

1.2.2. The Bid shall be valid for a period of 180 days from the date specified in Clause
1.3 for submission of BIDs.

1.2.3. The complete Bidding Documents including the draft Agreement for the Project
is enclosed for the Bidders. The Feasibility Report / Detailed Project Report
prepared by the Authority/ consultants of the Authority (the "Feasibility
Report/Detailed Project Report") is also enclosed. The Feasibility Report /
Detailed Project Report of the Project is being provided only as a preliminary
reference document by way of assistance to the Bidders who are expected to carry
out their own surveys, investigations and other detailed examination of the Project
before submitting their Bids. Nothing contained in the Feasibility Report/Detailed
Project Report shall be binding on the Authority nor confer any right on the
Bidders, and the Authority shall have no liability whatsoever in relation to
or arising out of any or all contents of the Feasibility Report/Detailed Project
Report. The aforesaid documents and any addenda issued subsequent to this RFP
Document will be deemed to form part of the Bidding Documents. However,
Feasibility Report / Detailed Project Report prepared by the Authority/ consultants
of the Authority (the "Feasibility Report/Detailed Project Report") is not
required in case of maintenance works like PR/HIPR to be taken on EPC mode.

1.2.4. A Bidder is required to deposit, along with its Bid, a Bid Security and Cost of RFP
Document of amount specified in clause 1.1.1 (the "Bid Security").The Bid shall be
summarily rejected if it is not accompanied by the Bid Security.

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1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at
their cost, such studies as may be required for submitting their respective BIDs for
award of the contract including implementation of the Project.

1.2.6 BID s will be evaluated for the Project on the basis of the lowest cost required
by a Bidder for implementing the Project (Including all taxes Excluding GST) (the
"BID Price"). The total time allowed for completion of construction under the
Agreement (the “Construction Period”) and the period during which the
Contractor shall be liable for maintenance and rectification of any defect or
deficiency in the Project after completion of the Construction Period (the “Defect
Liability Period”) shall be pre-determined, and are specified in the draft
Agreement forming part of the Bidding Documents.

In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the
lowest BID price.

1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. If works are grouped in
multiple contracts, the Authority shall evaluate and compare Bids on the basis of a
Package, or a combination of Packages, or as a total of Packages in order to arrive at
the least-cost combination for the Authority in case of award of multiple Packages.
In case such Lowest Bidder withdraws or is not selected for whatsoever reason
except the reason mentioned in Clause 2.1.12 (b) (4) & Clause 3.3.1, the Authority
shall annul the Bidding Process and invite fresh BIDs.

1.2.8 Other details of the process to be followed under this bidding process and the
terms thereof are spelt out in this RFP.

1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted by e-mail as per the below format to the officer designated in Clause 2.11.4
below with identification/title:

"Upgradation of Package No. ………….. to Two lane with paved shoulder

configuration on EPC Mode under proposed NDB Loan"

S. No Page NO Clause reference Description Query

1.2.10 A Bidder is required to submit, along with its technical BID, a self- certification that
the item offered meets the local content requirement for 'Class I local Supplier' / 'Class-
Il 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, bidder has not
submitted the aforesaid certification the bidder will be treated as 'Non- Local Supplier'.
In the above pretext, the Class - I Local Supplier, Class II Local Supplier and the
Non- Local Supplier are defined as under:

(i) 'Class I local Supplier' means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for 'Class - I local Supplier' under this RFP. The 'local content'
equirement to categorize a supplier as 'Class I local Supplier' is minimum 50%.

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 (ii) 'Class - Il 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 - Il local Supplier' under this RFP. The local content'
requirement to categorize a supplier as 'Class I 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- Il local supplier' under this RFP.
(iv) 'Local content' means the amount of value added in India which shall be the total
value of item procured (excluding net domestic indirect taxes) minus the
value of imported content in the item (including all customs duties) as a
proportion of the total value, in percent In case of procurement for a value in
excess of Rs. 10 crores, the 'Class - I local supplier'
/ 'Class - Il 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. d

1.3. Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Sn. Event Description Date

1 Invitation (NIT) 24.12.2024
2 Publishing of Tender 03.01.2025
3 Start of Document Sale 03.01.2025
4 End of Document Sale 04.02.2025
5 Last date of receiving of Pre-bid queries 14.01.2025
6 Pre-Bid meeting at venue mentioned at Clause 2.11.4 14.01.2025
7 Start of Bid Submission 24.01.2025
8 End of Bid Submission 04.02.2025
9 Opening of Technical Bids at venue provided in Clause 2.11.4 05.02.2025
To be notified by
10 Declaration of eligible / qualified Bidders
Authority
To be notified by
11 Opening of Financial Bid
Authority
To be notified by
12 Letter of Award (LOA)
Authority
180 days from Bid
13 Validity of Bid
Due Date
Within 30 days of
14 Submission of Performance Security
award of LOA
Within 30 days of
15 Signing of Agreement
award of LOA

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 SECTION 2
INSTRUCTIONS TO BIDDERS

A. GENERAL
2.1. General terms of Bidding
2.1.1. No Bidder shall submit more than one BID for the Project. A Bidder
bidding individually or as a member of a Joint Venture shall not be entitled
to submit another BID either individually or as a member of any Joint
Venture, as the case may be.
2.1.2. An International Bidder bidding individually or as a member of a Joint
Venture shall ensure that Power of Attorney is apostille by appropriate
authority and requirement of Indian Stamp Act is duly fulfilled.
2.1.3. Notwithstanding anything to the contrary contained in this RFP, the detailed
terms specified in the draft Agreement shall have overriding effect;
provided, however, that any conditions or obligations imposed on the
Bidder hereunder shall continue to have effect in addition to its obligations
under the Agreement. Further, the statements and explanations contained in
this RFP are intended to provide a better understanding to the Bidders
about the subject matter of this RFP and should not be construed or
interpreted as limiting in any way or manner the scope of services and
obligations of the Contractor set forth in the Agreement or the
Authority’s rights to amend, alter, change, supplement or clarify the scope of
work, the work to be awarded pursuant to this RFP or the terms thereof
or herein contained. Consequently, any omissions, conflicts or
contradictions in the Bidding Documents including this RFP are to be
noted, interpreted and applied appropriately to give effect to this intent, and no
claims on that account shall be entertained by the Authority
2.1.4. The BID shall be furnished in the format exactly as per Appendix-I i.e.
Technical Bid as per Appendix IA and Financial Bid as per Appendix IB.
BID amount shall be indicated clearly in both figures and words, in
Indian Rupees in prescribed format of Financial Bid and it will be
signed by the Bidder’s authorised signatory. In the event of any difference
between figures and words, the amount indicated in words shall be taken into
account.
2.1.5. The Bidder should submit a Power of Attorney as per the format at
Appendix-III, authorising the signatory of the BID to commit the Bidder.
2.1.6. In case the Bidder is a Joint Venture, the Members thereof should furnish a
Power of Attorney in favour of the Lead Member in the format at Appendix-
IV. And joint bidding agreement in the format at Appendix-V
2.1.7. Any condition or qualification or any other stipulation contained in the BID
shall render the BID liable to rejection as a non-responsive BID.
2.1.8. The BID and all communications in relation to or concerning the Bidding
Documents and the BID shall be in English language.
2.1.9. This RFP is not transferable.
2.1.10. Any award of Project pursuant to this RFP shall be subject to the terms of

13
 Bidding Documents and also fulfilling the criterion as mentioned in clause 2.2.
2.1.11. In case the Bidder is a Joint Venture, it shall comply with the following
additional requirements:
a) Number of members in a Joint Venture shall not exceed 3 (Three);
b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;
c) Members of the Joint Venture shall nominate one member as the lead
member (the “Lead Member”). Lead Member shall met at least
60% requirement of Bid Capacity, Technical and Financial Capacity,
required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3. The
nomination(s) shall be supported by a Power of Attorney, as per the
format at Appendix-III, signed by all the other Members of the Joint
Venture. Other Member(s) shall meet at least 20% requirement of Bid
Capacity, Technical and Financial Capacity required as per Clause
2.2.2.1, 2.2.2.2(i) & 2.2.2.3 and the JV as a whole shall
cumulatively/collectively fulfil the 100% requirement;
d) the Bid should include a brief description of the roles and
responsibilities of individual members, particularly with reference
to financial, technical and defect liability obligations;
e) the Lead Member shall itself undertake and perform at least
51(fifty one) per cent of the total length of the Project Highway,
f) members of the Joint Venture shall have entered into a binding Joint
Bidding Agreement, substantially in the form specified at Appendix V
(the “Jt. Bidding Agreement”), for the purpose of making the
Application and submitting a Bid in the event of being pre-qualified.
The Jt. Bidding Agreement, to be submitted along with the Application,
shall, inter alia:
i. convey the commitment(s) of the Lead Member in accordance
with this RFP, in case the contract to undertake the Project is
awarded to the Joint Venture; and clearly outline the proposed
roles & responsibilities, if any, of each member;
ii. commit the approximate share of work to be undertaken by each
member conforming to sub-clause 2.1.11 (e) mentioned above;
iii. include a statement to the effect that all members of the Joint
Venture shall be liable jointly and severally for all obligations
of the Contractor in relation to the Project until the Defect
Liability Period is achieved in accordance with the EPC
Contract; and
g) except as provided under this RFP, there shall not be any amendment
to the Jt. Bidding Agreement.
h) No Joint Venture up to Estimate Project Cost of Rs. 100 crores (One
Hundred Crores). However, Joint Venture for any Estimated Project
Cost is permissible in case of maintenance works to be taken up on EPC
mode.

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2.1.12. While bidding is open to persons from any country, the following provisions
shall apply:
(a) Where, on the date of the Application, not less than 50% (fifty percent) of
the aggregate issued, subscribed and paid up equity share capital in theL-1
Bidder or its Member is held by persons resident outside India or where a
Bidder or its Member is controlled by persons resident outside India, then the
eligibility and award of the project to such L-1 Bidder shall be subject to
approval of the competent authority from national security and public interest
perspective as per the instructions of the Government of India applicable at
such time. The decision of the authority in this behalf shall be final and
conclusive and binding on the Bidder.
(b) (1)Further, where the LoA of a project has been issued to an agency, not
covered under the category mentioned above, and it subsequently wishes to
transfer its share capital in favour of another entity who is a resident outside
India or where a Bidder or its Member is controlled by persons resident outside
India and thereby the equity capital of the transferee entity exceeds 50% or
above, any such transfer of equity capital shall be with the prior approval of
the competent authority from national security and public interest perspective
as per the instructions of the Government of India applicable at such point in
time.
(2)The holding or acquisition of equity control, as above shall include direct
or indirect holding, acquisition, including by transfer of the direct or indirect
legal or beneficial ownership or control, by persons acting for themselves or in
concert and in determining such holding or acquisition, the Authority shall be
guided by the principles, precedents and definitions contained in the
Securities and Exchange Board of India (Substantial Acquisition of Shares
and Takeovers) Regulations, 2011, or any substitute thereof, as in force on the
date of such acquisition.
(3)The Bidder shall promptly inform the authority of any change in the
shareholding, as above, and failure to do so shall render the Bidder liable for
disqualification from the Bidding process.
(4)Deleted.
2.1.13. Notwithstanding anything to the contrary contained herein, in the event that
the Bid Due Date falls within three months of the closing of the latest financial
year of a Bidder, it shall ignore such financial year for the purposes of its Bid
and furnish all its information and certification with reference to the 5 (five)
years or 1 (one) year, as the case may be, preceding its latest financial year.
For the avoidance of doubt, financial year shall, for the purposes of a Bid
hereunder, mean the accounting year followed by the Bidder in the course of
its normal business.
2.1.14. The Bidder, including an individual or any of its Joint Venture member, should
not be a non-performing party on the bid submission date. The Bidder,
including any Joint Venture Member, shall be deemed to be a non-performing
party (not applicable to the project whose contract is terminated by the
Authority) if it attracts any or more of the following parameters:
i. Fails to complete or has missed more than two milestones in already
awarded two or more projects, even after lapse of 6 months from the
15
 scheduled completion date, unless Extension of Time has been allowed
on the recommendations of the Independent Engineer due to Authority's
default;
ii. Fails to complete a project, as per revised schedule, for which One Time
Fund Infusion (OTFI) has been sanctioned by the Authority;
iii. Physical progress on any project is not commensurate with the funds
released (equity+debt+grant) from the escrow account and such
variation is more than 25% in last one year as observed by the
Independent Engineer in one or more projects;
iv. Punch List Items in respect of any project are pending due to Bidder's
default in two or more Projects even after lapse of the prescribed time for
completion of such items;
v. Fails to fulfil its obligations to maintain a highway in a satisfactory
condition inspite of two rectification notices issued in this behalf;
vi. Fails to attend to Non Conformity Reports (NCRs) issued by the
Independent/ Authority’s Engineer on the designs/ works constructed by
the Bidder pending for more than one year in two or more projects.
vii. Fails to make premium payments excluding the current instalment in
one or more projects.
viii. Damages/ Penalties recommended by the Independent/ Authority’s
Engineer on the Bidder during O&M period and the remedial works are
not taken up in two or more projects.
ix. Fails to achieve financial closure in two or more projects within the
given or extended period (which shall not be more than six months in any
case).
x. Fails to submit the Performance Security within the permissible
period in more than one project(s).
xi. Rated as an unsatisfactory performing entity/ non-performing entity
by an independent third party agency and so notified on the website of
the Authority.
xii. Has Failed to perform for the works of Expressways, National Highways,
ISC & EI works in the last 2(two) years, as evidenced by imposition of
a penalty by an arbitral or judicial authority or a judicial pronouncement
or arbitral award against the Bidder, including individual or any of its
Joint Venture Member, as the case may be.
xiii. Has been expelled or the contract terminated by the Central/State
Government or its implementing agencies for breach by such Bidder,
including individual or any of its Joint Venture Member; Provided
that any such decision of expulsion or termination of contract
leading to debarring of the Bidder from further participation in bids for
the prescribed period should have been ordered after affording an
opportunity of hearing to such party
The Bidder, including individual or each member of Joint Venture, shall give the
list of the projects of Expressways, National Highways, ISC and EI works of

16
 Central/State Department/Undertaking and the status of above issues in each
project as on the bid submission date and undertake that they do not attract any
of the above categories (Ref. Sr. No.6, Annex-I of Appendix – IA).

The Bidder including individual or any of its Joint Venture Member may provide
(i) details of all their on-going projects along with updated stage of
litigation, if so, against the Authority / Governments;
(ii) details of updated on-going process of blacklisting if so, under any
contract with Authority / Government; and
(iii) details of all their on-going projects in the format at Annexure-VIII of
Appendix IA (Ref Clause 10.3 (iv) of Draft EPC Agreement).
The Authority reserves the right to reject an otherwise eligible Bidder on the
basis of the information provided under this clause 2.1.14. The decision of the
Authority in this case shall be final.
2.1.15. All Orders of government of MP/any other Government agencies, as
applicable and prevalent on the date of LOA, shall be applicable.
2.1.16. 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. Not Applicable.
2.1.17. The bidders from NDB member countries are eligible for bidding.
2.2. Eligibility and qualification requirements of Bidder
2.2.1. For determining the eligibility of Bidder the following shall apply:
a) The Bidder may be a single entity or a group of entities (the “Joint Venture”),
coming together to implement the Project. The term Bidder used herein would
apply to both a single entity and a Joint Venture. However, in case the estimated
cost of the project for which bid is invited is upto Rs. 100 Crore, then Joint
Venture shall not be allowed.
b) Bidder may be a natural person, private entity, or any combination of them with
a formal intent to enter into a Joint Venture agreement or under an existing
agreement to form a Joint Venture. A Joint Venture shall be eligible for
consideration subject to the conditions set out in Clause 2.1.11 above.
c) A Bidder shall not have a conflict of interest (“Conflict of Interest”) that affects
the Bidding Process. Any Bidder found to have a Conflict of Interest
shall be disqualified and liable for forfeiture of the BID Security or
Performance Security as the case may be. A Bidder shall be deemed to have a
Conflict of Interest affecting the Bidding Process, if:
i. the Bidder, its Joint Venture Member (or any constituent thereof) and any
other Bidder, its Member or any Member of its Joint Venture thereof (or
any constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply in

17
 cases where the direct or indirect shareholding of a Bidder, or its Joint
Venture Member thereof (or any shareholder thereof having a
shareholding of more than 5% (five percent) of the paid up and
subscribed share capital of such Bidder, or its Joint Venture Member, as
the case may be), in the other Bidder, its Joint Venture Member is less
than 5% (five percent) of the subscribed and paid up equity share capital
thereof; provided further that this disqualification shall not apply to any
ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act 1956.
For the purposes of this Clause 2.2.1(c), indirect shareholding held
through one or more intermediate persons shall be computed as follows:
(aa) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by such
controlled intermediary in any other person (the “Subject Person”) shall
be taken into account for computing the shareholding of such controlling
person in the Subject Person; and (bb) subject always to sub-clause (aa)
above, where a person does not exercise control over an intermediary,
which has shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be undertaken on
a proportionate basis; provided, however, that no such shareholding shall
be reckoned under this sub-clause (bb) if the shareholding of such person
in the intermediary is less than 26% of the subscribed and paid up equity
shareholding of such intermediary; or
ii. a constituent of such Bidder is also a constituent of another Bidder; or
iii. such Bidder, or any of its Joint Venture Member thereof receives
or has received any direct or indirect subsidy, grant, concessional loan
or subordinated debt from any other Bidder, or any of its Joint Venture
Member thereof or has provided any such subsidy, grant, concessional
loan or subordinated debt to any other Bidder, its Member or any of its
Joint Venture Member thereof; or
iv. such Bidder has the same legal representative for purposes of this
Application as any other Bidder; or
v. such Bidder, or any of its Joint Venture Member thereof has a
relationship with another Bidder, or any of its Joint Venture Member
thereof, directly or through common third party/ parties, that puts either
or both of them in a position to have access to each others’ information
about, or to influence the Application of either or each other; or
vi. such Bidder, or any of its Joint Venture Member thereof has participated
as a consultant to the Authority in the preparation of any documents,
design or technical specifications of the Project.
d) 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,

18
 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 incorporated, an entity incorporated , established or
registered in such a country; or
c. An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A Consortium or joint venture where any member of the consortium
or joint venture falls under any of the above.
iii. Beneficial owner for the purpose of (ii) above means:
1. In case of a company or Limited Liability Partnership, the beneficial
owner is the natural person(s), who, whether acting alone or together,
or through one or more judicial person, has a controlling ownership
interest or who exercises control through other means.
Explanation:
a) "Controlling ownership interest" means ownership of 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 the directors
or to control the management or policy decisions including by
virtue of their shareholding or management rights or shareholding
agreements voting agreements; or
2. In case of a partnership firm, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through one or
one or more juridical person: has ownership of entitlement to more
than fifteen percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the
beneficial owner is the natural person(s), who, whether acting alone
or together, or through one or more juridical person, has ownership of
or entitlement to more than fifteen percent of the property or capital
or profits 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 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.

19
 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:
"I 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 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. I 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, registration shall not be a relevant consideration
during contract execution.
2.2.2. Qualification requirements of Bidders:
2.2.2.1. BID Capacity
Bidders who interalia meet the minimum qualification criteria will be qualified
only if their available BID capacity is more than the Estimated Project Cost
(value as per Clause 1.1.1). 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*2.5 – B + C),
Where,
N = Number of years prescribed for completion of work for which Bid is
invited.
A = Maximum value of civil engineering works excluding the amount of bonus
received, if any, in respect of EPC Projects executed in any one year during the
last five years (updated to the price level of the year indicated in table at Note-
3 below) taking into account the completed as well as works in progress.
The EPC projects include turnkey project/ Item rate contract/ Construction
works.

20
 B = Value (updated to the price level of the year indicated in table at Note-3
below) of existing commitments, works for which the bidder has emerged as
the winner of the bids 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 bidder has emerged as the winner of the
bids but LOA has not been issued as on the day before opening the financial
bids shall also be considered while calculating value of B.
C = The amount of bonus received, if any, in EPC Projects during the last 5
years (updated to the price level of the year indicated in table at Note-3 below).
Note:
1. The Statement showing the value of all existing commitments, works for
which the contractor has emerged as the winner of the bid as given by
bidder 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. The amount of bonus received, if any, in EPC Projects 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.
3. The factor for the year for updation to the price level is indicated as under:
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation factor 1.00 1.05 1.10 1.15 1.20
4 The bid capacity status of the bidder to be updated as on the day before
opening the financial bids.
2.2.2.2. Technical Capacity
i. For demonstrating technical capacity and experience (the “Technical
Capacity”), the Bidder shall, over the past [5 (five)] financial years preceding
the Bid Due Date, have received payments for construction of Eligible
Project(s), or has undertaken construction works by itself in a PPP project,
such that the sum total thereof, as further adjusted in accordance with clause
2.2.2.5 (i) & (ii), is more than the Estimated Project Cost mentioned in Clause
1.1.1 of this RFP (the “Threshold Technical Capacity”)2.
ii. For normal Highway projects (including Major
Bridges/ROB/Flyovers/Tunnels):
Provided that at least one similar work of 20% of Estimated Project Cost shall
have been completed from the Eligible Projects in Category 1 and/or
Category 3 specified in Clause 2.2.2.5. For this purpose, a project shall be
considered to be completed, if more than 90% of the value of work has been
completed and such completed value of work is equal to or more than 20% of
the estimated project cost. Eligible projects shall include the following:
(a) Widening/ reconstruction/up-gradation works on NH/SH/Expressway
or on any category of road taken up under CRF, ISC/EI, SARDP, LWE

21
 (b) Widening/reconstruction/up-gradation on MDRs with loan assistance
from multilateral agencies or on BOT basis.
(c) Widening/reconstruction/up-gradation work of roads in Municipal
Corporation limits, construction of Bypasses
(d) Construction of stand-alone bridges, ROBs, tunnels
(e) Construction/reconstruction of linear projects like airport runways,
railways (construction/re-construction of railway tracks, yards for
keeping containers etc) metro rail and ports (including construction/re-
construction of Jetties).
If any Major Bridge/ROB/Flyover/Tunnel is (are) part of the project, then
the sole Bidder or in case the Bidder being a Joint Venture, any member of
Joint Venture shall necessarily demonstrate additional experience in
construction of Major Bridge/ROBs/Flyovers/Tunnel in the last 10 (Ten)
financial years preceding the Bid Due Date i.e. shall have completed atleast
one similar Major Bridge/ROB/Flyover having span equal to or greater than:
(a) In case, longest span of bridge/ROB/flyover is less than or equal to 60m,
no additional qualification is required.
(b) when longest span is more than 60m: 50% of the longest span or 100 m
whichever is less, of the structure proposed in this project. Detail of
the structure 50% of the longest span or 100m, whichever is less proposed in
project.
iii. For Stand-alone specialized projects: Deleted
iv. The updation factor to update the price of the eligible projects for the year
indicated in table below:
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation factor 1.00 1.05 1.10 1.15 1.20

2.2.2.3. Financial Capacity:

i. The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of
5% (five percent) of the Estimated Project Cost at the close of the preceding
financial year.
ii. The Bidder shall have a minimum Average Annual Turnover (updated to the
price level of the year based on factors indicated in table below) of 15%
(Fifteen percent) of the Estimated Project Cost for the last 5 (five) financial
years.
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation factor 1.00 1.05 1.10 1.15 1.20

2.2.2.4. In case of a Joint Venture:

i. The Bid Capacity, Technical Capacity and Financial Capacity of all the
Members of Joint Venture would be taken into account for satisfying the
above conditions of eligibility. Further, Lead Member shall meet at least 60%
requirement of Bid Capacity, Technical and Financial Capacity as per Clause

22
 2.2.2.1, 2.2.2.2(i) and 2.2.2.3 and each of other JV members shall meet at
least 20% requirement of Bid Capacity, Technical and Financial Capacity
individually as per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3. For avoidance of
doubt it is further clarified that the Joint Venture must collectively and
individually satisfy the above qualification criteria i.e. JV shall
cumulatively/collectively fulfill the 100% requirement.
ii. For requirement of 2.2.2.2 (ii) and (iii), one similar work of 20% of Estimated
Project Cost should have been completed from the Eligible Projects in
Category 1and/or Category 3 specified in Clause 2.2.2.5 individually by any
of the JV members as a single work.
2.2.2.5. Categories and factors for evaluation of Technical Capacity:
i. Subject to the provisions of Clause 2.2.2 the following categories of
experience would qualify as Technical Capacity and eligible experience (the
"Eligible Experience") in relation to eligible projects as stipulated in Clauses
2.2.2.6 (i) & (ii) (the "Eligible Projects"). In case the Bidder has experience
across different categories, the experience for each category would be
computed as per weight of following factors to arrive at its aggregated
Eligible Experience:
Category Project / Construction experience on Eligible Projects Factors
1 Project in highways sector that qualify under 1
Clause 2.2.2.6 (i)
2 Project in core sector that qualify under 0.75
Clause 2.2.2.6 (i)
3 Construction in highways sector that qualify under Clause 1
2.2.2.6 (ii)
4 Construction in core sector that qualify under 0.75
Clause 2.2.2.6 (ii)

ii. The Technical capacity in respect of an Eligible Project situated in a

developed country which is a member of OECD shall be further multiplied
by a factor of 0.5 (zero point five) and the product thereof shall be the
Experience Score for such Eligible Project.
iii. For the purpose of this RFP:
(a) highways sector would be deemed to include highways, expressways,
bridges, tunnels, runways, railways (construction/re- construction of
railway tracks, yards for keeping containers etc.) metro rail and ports
(including construction/reconstruction cost of Jetties, any other linear
infrastructure including bridges etc.); and
(b) core sector 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, stadium,
hospitals, hotel, smart city, warehouses/Silos, oil and gas and real estate
development. Core sector will also include the projects with the title of
RIDF, PMGSY road, link roads, city roads, rural roads,
sector/municipality road, real estate projects which demonstrate road
development/ construction bridges or culverts

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 iv. In case of projects executed by applicant under category 3 and 4 as a member
of Joint Venture, the project cost should be restricted to the share of the
applicant in the joint venture for determining eligibility as per provision under
clause 2.2.2.2. In case Statutory Auditor certifies that, the work of other
member(s) is also executed by the applicant, then the total share executed by
applicant can be considered for determining eligibility as per provision under
clause 2.2.2.2.
v. Maintenance works are not considered as eligible project for evaluation as
per instruction No. 6 to annex-IV. As such works with nomenclature like PR,
OR, FDR,SR, site/micro grading, surface renewal, resurfacing work, Tarring,
B.T. surface work, temporary restoration, urgent works, periodic
maintenance, repair & rehabilitation, one time maintenance, permanent
protection work of bank, external pre stressing, repair of central hinge,
fabrication work, short term OMT contract of NHAI/MPRDC, any type of
work related to border fencing, work of earthwork alone, construction of
buildings/ hostels, etc., or not specified, shall not be considered. However,
such maintenance works shall be considered as eligible projects in case of
Maintenance works to be taken up on EPC mode.
vi. The works such as Improvement in Riding Quality work (IRQP/IRQ), shall
be considered for Technical Capacity [2.2.2.2 (i)] under Category 4 but not
for single completed works [2.2.2.2 (ii)]. However, such work shall be
considered for single completed works [2.2.2.2 (ii) Category 3] in case of
Maintenance works to be taken up on EPC mode.
vii. In case both the estimated cost of project and revised cost of project are
provided, the revised cost of project shall be considered for evaluation.
2.2.2.6. Eligible Experience on Eligible Projects in respect of each category:
i. For a project to qualify as an Eligible Project under Categories 1 and 2:
(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO,
BOOT or other similar basis for providing its output or services to a public
sector entity or for providing non-discriminatory access to users in
pursuance of its charter, concession or contract, as the case may be. For the
avoidance of doubt, a project which constitutes a natural monopoly such as
an airport or port should normally be included in this category even if it is
not based on a long-term agreement with a public entity;
(b) 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;
(c) the capital cost of the project should be more than 5% of the amount
specified as the Estimated Project Cost; and
(d) 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.

24
 ii. For a project to qualify as an Eligible Project under Categories 3 and 4, the
Bidder should have received payments from its client(s) for construction works
executed, fully or partially, during the 5 (five) financial years immediately
preceding the Bid Due Date, and only the amounts (gross) actually received,
during such 5 (five) financial years shall qualify for purposes of computing the
Experience Score. However, receipts of or work executed amount less than 5%
of the Estimated Project Cost shall not be reckoned as receipts for Eligible
Projects. For the avoidance of doubt, construction works shall not include
supply of goods or equipment except when such goods or equipment form part
of a turn-key construction contract / EPC contract for the project. Further, the
cost of land and also cost towards pre- construction activities (like shifting of
utilities etc.) shall not be included hereunder.
iii. The Bidder shall quote experience in respect of a particular Eligible Project
under any one category only, even though the Bidder (either individually or
along with a member of the Joint Venture) may have played multiple roles in
the cited project. Double counting for a particular Eligible Project shall not be
permitted in any form.
iv. Experience for any activity relating to an Eligible Project shall not be claimed
by two or more Members of the Joint Venture. In other words, no double
counting by a Joint Venture in respect of the same experience shall be permitted
in any manner whatsoever.
2.2.2.7. Submission in support of Technical Capacity
i. The Bidder should furnish the details of Eligible Experience for the last 5 (five)
financial years immediately preceding the Bid Due Date.
ii. The Bidder must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-IA.
iii. The Bidder should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at Annex-
IV of Appendix-IA.
2.2.2.8. Submission in support of Financial capacity
i. The Technical Bid must be accompanied by the Audited Annual Reports of the
Bidder (of each Member in case of a Joint Venture) for the last 5 (five) financial
years, preceding the year in which the bid is submitted.
ii. 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 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.
iii. The Bidder must establish the minimum Net Worth specified in Clause 2.2.2.3,
and provide details as per format at Annex-III of Appendix-IA.
2.2.2.9. The Bidder shall enclose with its Technical Bid, to be submitted as per the
format at Appendix-IA, complete with its Annexes, the following:

25
 i. Certificate(s) from its statutory auditors$ or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by
itself, during the past 5 years, in respect of the Eligible Projects. In case a
particular job/ contract has been jointly executed by the Bidder (as part of a
Joint Venture), it should further support its claim for the payments received or
construction carried out by itself in PPP Projects as applicable the share in work
done for that particular job/ contract by producing a certificate from its
statutory auditor or the client; and
ii. Certificate(s) from its statutory auditors specifying the net worth of the Bidder,
as at the close of the preceding financial year, and also specifying that the
methodology adopted for calculating such net worth conforms to the provisions
of this Clause2.2.2.9 (ii). For the purposes of this RFP, net worth (the “Net
Worth”) shall mean the aggregate value of the paid-up share capital and all
reserves created out of the profits and securities premium account, after
deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet,
but does not include reserves created out of revaluation of assets, write-back of
depreciation and amalgamation.
2.2.2.10. Deleted.
2.3. Proprietary data
All documents and other information supplied by the Authority or submitted
by a Bidder to the Authority shall remain or become the property of the
Authority and are transmitted to the Bidders solely for the purpose of
preparation and the submission of a BID in accordance herewith. Bidders are
to treat all information as strictly confidential and shall not use it for any
purpose other than for preparation and submission of their Bid. The provisions
of this Clause 2.3 shall also apply mutatis mutandis to BIDs and all other
documents submitted by the Bidders, and the Authority will not return to the
Bidders any BID, document or any information provided along therewith.
2.4. Cost of Bidding
The Bidders shall be responsible for all of the costs associated with the
preparation of their BIDs and their participation in the Bidding Process. The
Authority will not be responsible or in any way liable for such costs, regardless
of the conduct or outcome of the Bidding Process
2.5. Site visit and verification of information
2.5.1. Bidders are encouraged to submit their respective BIDs after visiting the
Project site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, availability of power, water & other utilities for
construction, access to site, handling and storage of materials, weather data,
applicable laws and regulations, and any other matter considered relevant by
them. Bidders are advised to visit the site and familiarise themselves with the
Project within the stipulated time of submission of the Bid. No extension of
time is likely to be considered for submission of Bids.

2.5.2. It shall be deemed that by submitting a BID, the Bidder has:

26
 (a) made a complete and careful examination of the Bidding Documents,
Schedules annexed to EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information provided
in the Bidding Documents or furnished by or on behalf of the Authority relating
to any of the matters referred to in Clause 2.5.1 above. No claim shall be
admissible at any stage on this account.
(d) satisfied itself about all matters, things and information including matters
referred to in Clause 2.5.1 hereinabove necessary and required for submitting
an informed BID, execution of the Project in accordance with the Bidding
Documents and performance of all of its obligations thereunder;
(e) acknowledged and agreed that inadequacy, lack of completeness or
incorrectness of information provided in the Bidding Documents or ignorance
of any of the matters referred to in Clause 2.5.1 hereinabove shall not be a basis
for any claim for compensation, damages, extension of time for performance
of its obligations, loss of profits etc. from the Authority, or a ground for
termination of the Agreement by the Contractor;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and in terms
hereof.
2.5.3. The Authority shall not be liable for any omission, mistake or error in respect
of any of the above or on account of any matter or thing arising out of or
concerning or relating to RFP, including any error or mistake therein or in any
information or data given by the Authority.
2.6. Verification and Disqualification
2.6.1. The Authority reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP and the Bidder shall,
when so required by the Authority, make available all such information,
evidence and documents as may be necessary for such verification. Any such
verification or lack of such verification, by the Authority shall not relieve the
Bidder of its obligations or liabilities hereunder nor will it affect any rights of
the Authority thereunder.
2.6.2. The Authority reserves the right to reject any BID and appropriate the Bid
Security, if:
(a) at any time, a material misrepresentation is made or uncovered, or
(b) the Bidder does not provide, within the time specified by the Authority,
the supplemental information sought by the Authority for evaluation of the
BID.

Such misrepresentation/ improper response shall lead to the disqualification of

the Bidder. If the Bidder is a Joint Venture, then the entire Joint Venture and
each Member of the Joint Venture may be disqualified/ rejected. If such
disqualification/rejection occurs after the BIDs have been opened and the
lowest Bidder gets disqualified / rejected, then the Authority reserves the right
to annul the Bidding Process and invites fresh BIDs.

27
2.6.3. In case, it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of defect liability
subsistence thereof, that one or more of the eligibility and /or qualification
requirements have not been met by the Bidder, or the Bidder has made material
misrepresentation or has given any materially incorrect or false information,
the Bidder shall be disqualified forthwith if not yet appointed as the contractor
either by issue of the LOA or entering into of the Agreement, and if the Selected
Bidder has already been issued the LOA or has entered into the Agreement, as
the case may be, the same shall, notwithstanding anything to the contrary
contained therein or in this RFP, be liable to be terminated, by a communication
in writing by the Authority to the Selected Bidder or the Contractor, as the case
may be, without the Authority being liable in any manner whatsoever to the
Selected Bidder or the Contractor. In such an event, the Authority shall be
entitled forfeit and appropriate the BID Security or Performance Security,
without prejudice to any other right or remedy that may be available to the
Authority under the Bidding Documents and / or the Agreement, or otherwise.
2.6.4. A Bidder shall be liable for disqualification, forfeiture of BID Security, if any
legal, financial or technical adviser of the Authority in relation to the Project is
engaged by the Bidder, its Member or any Associate thereof, as the case may
be, in any manner for matters related to or incidental to such Project during the
Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of
the Agreement. In the event any such adviser is engaged by the selected Bidder
or Contractor, as the case may be, after issue of the LOA or execution of the
Agreement for matters related or incidental to the project, then notwithstanding
anything to the contrary contained herein or in the LOA or the Agreement and
without Prejudice to any other right or remedy or the Authority, including the
forfeiture and appropriation of BID Security or Performance Security, as the
case may be, which the Authority may have there under or otherwise, the LOA
or the Agreement, as the case may be, shall be liable to be terminated without
the Authority being liable in any manner whatsoever to the Selected Bidder or
Contractor for the same. For the avoidance or doubt, this disqualification shall
not apply where such adviser was engaged by the Bidder, its Member or
Associate in the past but its assignment expired or was terminated 6 (six)
months prior to the date of issue of this RFP. Nor will this disqualification
apply where such adviser is engaged after a period of 3 (three) years from the
date of commercial operation of the Project.
B. DOCUMENTS
2.7. Contents of the RFP
2.7.1. This RFP comprises the Disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.
Part –I
Invitation for BIDs
Section 1. Introduction
Section 2. Instructions to Bidders

28
 Section 3. Evaluation of BIDs
Section 4. Fraud and Corrupt Practices
Section 5. Pre-BID Conference
Section 6. Miscellaneous
Appendices
IA. Letter comprising the Technical BID including Annexure I to IX
IB. Letter comprising the Financial BID
II. Deleted
IIA Deleted
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIIA Deleted
VIII. Format of LOA
IX. Format of BOQ
X. Format of Certificate of Net worth by Statutory Auditor.
XI. Format of Certificate of Turn Over by Statutory Auditor.
XII. Deleted
Part –II
Agreement Document with schedules
Part – III
[Feasibility Report / Detailed Project Report provided by the authority]
2.7.2. The draft Agreement and the Feasibility / Detailed Project Report provided by
the Authority as part of the BID Documents shall be deemed to be part of this
RFP.
2.8. Clarifications
2.8.1. Bidders requiring any clarification on the RFP may notify the Authority in
writing by e-mail in accordance with Clause 1.2.9. They should send in their
queries on or before the date mentioned in the Schedule of Bidding Process
specified in the clause 1.3. The Authority shall endeavour to respond to the
queries within the period specified therein, but no later than 15 (fifteen) days
prior to the BID Due Date. All the queries and their responses will be will be
hosted on the MP Tenders Portal (https://mptenders.gov.in) without identifying
the source of queries.
2.8.2. The Authority shall endeavour to respond to the questions raised or
clarifications sought by the Bidders. However, the Authority reserves the right

29
 not to respond to any question or provide any clarification, in its sole discretion,
and nothing in this Clause shall be taken or read as compelling or requiring the
Authority to respond to any question or to provide any clarification.
2.8.3. The Authority may also on its own motion, if deemed necessary, issue
interpretations & clarifications to all Bidders. All clarifications &
interpretations issued by the Authority shall be deemed to be part of the
Bidding Documents. Verbal clarifications and information given by Authority
or its employees or representatives shall not in any way or manner be binding
on the Authority.
2.9. Amendment of RFP
2.9.1. At any time prior to the BID Due Date, the Authority may, for any reason,
whether at its own initiative or in response to clarifications requested by a
Bidder, modify the RFP by the issuance of Addenda.
2.9.2. Any Addendum issued hereunder will be hosted on the MP Tenders Portal
(https://mptenders.gov.in).
2.9.3. In order to afford the Bidders a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion,
extend the BID Due Date.
C. PREPARATION AND SUBMISSION OF BIDS
2.10. Format and Signing of BID
2.10.1. The Bidder shall provide all the information sought under this RFP. The
Authority will evaluate only those Bids that are received online in the required
formats and complete in all respects.
2.10.2. The BID shall be typed and signed in indelible blue ink by the authorised
signatory of the Bidder. All the alterations, omissions, additions or any other
amendments made to the BID shall be initialed by the person(s) signing the
BID.
2.11. Documents comprising Technical and Financial BID
2.11.1. 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 RFP for
technical qualification. The Bidder shall submit the Technical Bid & Financial
Bid online through MP Tenders portal http://mptenders.gov.in comprising of
the following documents along with supporting documents as appropriate:
Technical Bid
a. Appendix-IA (Letter comprising the Technical Bid) including Annexure
I-VI and supporting certificates / documents.
b. Power of Attorney for signing the BID as per the format at Appendix-III;
c. if applicable, Power of Attorney for Lead Member of Joint Venture as per
the format at Appendix-IV;
d. if applicable, Joint Bidding Agreement for Joint Venture as per the format
at Appendix-V;
e. Deleted

30
 f. BID Security of amount specified in clause 1.1.1 as per the provision of
this RFP;
g. Copy of Online receipt towards payment of cost of BID/RFP document of
required amount as mentioned in the Datasheet;
h. Bidders shall comply with CVC’s Circular No. 06/05/21 dated
03.06.2021 regarding Standard Operating Procedure on Integrity
Pact and the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC- EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any, issued by MoRT&H (Appendix-VI) regarding
Integrity Pact (IP) and the Integrity Pact (IP) duly signed by Authorised
signatory shall be submitted by the Bidder with the RFP Bid & shall be
part of the Contract Agreement;
i. Bidder shall comply with the provisions of Office Memorandum No.
RW/NH37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its
subsequent amendments if any, issued by MoRT&H (Appendix-VI)
regarding Integrity Pact (IP) and the Integrity Pact (IP) duly signed by
Authorised signatory shall be submitted by the Bidder with the RFP Bid
& shall be part of the Contract Agreement;
j. An undertaking from the person having PoA referred to in Sub. Clause-(b)
above that they agree and abide by the Bid documents uploaded by
MPRDC and amendments uploaded, if any; and
k. Annexure-VIII of Appendix – IA showing details of all ongoing project
works (Ref. Clause 10.3 (iv) of Document for EPC Agreement).
l. Copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
m. Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture) for preceding 5 years.
n. Copy of originals of experience certificate apostille at foreign origin, if any
o. Deleted.
Financial Bid
p. Appendix-IB (Letter comprising the Financial Bid)
q. Financial Bid in excel sheet format as provided on MP Tenders Portal
2.11.2. Deleted.
2.11.3. Deleted.
2.11.4. Deleted
2.11.5. Deleted.
2.11.6. Bids submitted by fax, telex, telegram or e-mail shall not be entertained and
shall be summarily rejected.
2.12. BID Due Date
BID comprising of the documents listed at clause 2.11.1of the RFP shall be
submitted online through MP Tenders Portal website https://mptenders.gov.in
on or before the deadline given in the clause 1.3.

31
2.13. Late BIDs
MP Tenders Portal website https://mptenders.gov.in shall not allow submission
of any Bid after the prescribed date and time given in the clause 1.3
2.14. Procedure for e-tendering
2.14.1. Accessing/ Purchasing of Bid documents
2.14.1.1. It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC) (in the name of Authorized Signatory / Firm or Organization / Owner
of the Firm or organisation) from any of the licensed Certifying Agency
(Bidders can see the list of licensed Cas from the link www.cca.gov.in) to
participate in e-tendering of the Authority.
2.14.1.2. To participate in the bidding, it is mandatory for the Bidders to get registered
their firm / Consortium with MP Tenders portal of the Authority
http://mptenders.gov.in to have user ID & password which has to be obtained
free of cost. Following may kindly be noted:
a) Registration with MP Tenders portal of the Authority should be valid at
least up to the date of submission of Bid.
b) Bids can be submitted only during the validity of registration.
2.14.1.3. If the firm / Consortium is already registered with e-tendering service provider
of the Authority, and validity of registration is not expired the firm /
Consortium is not required a fresh registration.
2.14.1.4. The complete Bid document can be viewed / downloaded by the Bidder from
MP Tenders portal http://mptenders.gov.in as per the dates & time specified in
clause 1.3.
2.14.1.5. Deleted.
2.14.2. Preparation & Submission of Bids:
2.14.2.1. The Bidder may submit his Bid online following the instruction appearing on
the screen. A buyer manual containing the detailed guidelines for MP Tenders
is also available on MP Tenders portal of the Authority.
2.14.2.2. The documents listed at clause 2.11.1 shall be prepared and scanned in different
files (in PDF or RAR format such that file size is not more than 30 MB) and
uploaded during the on-line submission of BID.
2.14.2.3. Bid must be submitted online only through MP Tenders portal
http://mptenders.gov.in using the digital signature of Authorized representative
of the Bidder on or before Date & time specified in clause 1.3.
2.14.3. Modifications/ Substitution/ withdrawal of Bids
2.14.3.1. The Bidder may modify, substitute or withdraw its e- Bid after submission prior
to the Bid Due Date. No Bid can be modified, substituted or withdrawn by the
Bidder on or after the Bid Due Date & Time.
2.14.3.2. For modification of e-Bid, Bidder has to detach its old Bid from MP Tenders
portal and upload / resubmit digitally signed modified Bid. For withdrawal of
Bid, a Bidder has to click on withdrawal icon at MP Tenders portal and can
withdraw its e-Bid. Before withdrawal of a Bid, it may specifically be noted
that after withdrawal of a Bid for any reason, Bidder cannot re-submit e-Bid

32
 again.

2.15. Online Opening of Bids.

2.15.1.1. Opening of Bids will be done through online process.

2.15.1.2. The Authority shall on-line open Technical Bids on date & time specified in
clause 1.3, in the presence of the authorized representatives of the Bidders, who
choose to attend. The Authority will subsequently examine and evaluate the
Bids in accordance with the provisions of Section 3 of RFP.
2.16. Rejection of Bids
2.16.1.1. Notwithstanding anything contained in this RFP, the Authority reserves the
right to reject any Bid and to annul the Bidding Process and reject all Bids at
any time without any liability or any obligation for such acceptance,
rejection or annulment, and without assigning any reasons thereof. In the event
that the Authority rejects or annuls all the Bids, it may, in its discretion, invite
all eligible Bidders to submit fresh Bids hereunder.
2.16.1.2. The Authority reserves the right not to proceed with the Bidding Process at any
time, without notice or liability, and to reject any Bid without assigning any
reasons.
2.17. Validity of Bids
The Bids shall be valid for a period of not less than 180 (one hundred and
eighty) days from the Bid Due Date. The validity of Bids may be extended by
mutual consent of the respective Bidders and the Authority.
2.18. Confidentiality
Information relating to the examination, clarification, evaluation and
recommendation for the Bidders shall not be disclosed to any person who is
not officially concerned with the process or is not a retained professional
advisor advising the Authority in relation to, or matters arising out of, or
concerning the Bidding Process. The Authority will treat all information,
submitted as part of the Bid, in confidence and will require all those who have
access to such material to treat the same in confidence. The Authority may not
divulge any such information unless it is directed to do so by any statutory
entity that has the power under law to require its disclosure or is to enforce or
assert any right or privilege of the statutory entity and/ or the Authority or
as may be required by law or in connection with any legal process.
2.19. Correspondence with the Bidder
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any
Bid.
D. BID SECURITY
2.20. BID Security:
2.20.1. The Bidder shall furnish as part of its Bid, a Bid Security online on MP Tenders
Portal of amount specified in clause 1.1.1 hereinabove.

33
2.20.2. Any BID not accompanied by the BID security shall be summarily rejected by
the Authority as non-responsive.
2.20.3. The Selected Bidder’s BID Security will be returned, without any interest, upon
the Bidder signing the Contract Agreement and furnishing the Performance
Security in accordance with the provisions thereof. The Bid Security of all the
other
2.20.4. The Authority shall be entitled to forfeit and appropriate the BID Security as
Damages inter alia in any of the events specified in Clause 2.20.5 herein below.
The Bidder, by submitting its BID pursuant to this RFP, shall be deemed to
have acknowledged and confirmed that the Authority will suffer loss and
damage on account of withdrawal of its BID or for any other default by the
Bidder during the period of BID validity as specified in this RFP. No relaxation
of any kind for BID Security shall be given to any Bidder.
2.20.5. The BID Security shall be forfeited and appropriated by the Authority as
damages payable to the Authority for, inter-alia, time cost and effort of the
Authority without prejudice to any other right or remedy that may be available
to the Authority under the bidding documents and / or under the Agreement, or
otherwise, under the following conditions:
a) Deleted
b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice as specified in Section
4 of this RFP;
c) If a Bidder withdraws its BID during the period of Bid validity as specified
in this RFP and as extended by mutual consent of the respective Bidder(s)
and the Authority;
d) In the case of Selected Bidder, if it fails within the specified/extended time
limit by Authority-
i. to sign and return the duplicate copy of LOA;
ii. to furnish the Performance Security /Additional Performance
Security (if any) as per Clause 2.21;or
iii. to sign the Agreement;
2.21. Performance Security
2.21.1. Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder
shall furnish to the Authority an irrevocable and unconditional guarantee from
a Bank in the form set forth in Appendix-VII (the “Performance Security”) for
an amount equal to 5% (Five percent) of its Bid Price. In case of bids mentioned
below, the Selected Bidder, along with the Performance Security, shall also
furnish to the Authority an irrevocable and unconditional guarantee from a
Bank in the same form given at Appendix-VII towards an Additional
Performance Security (the “Additional Performance Security”) for an amount
calculated as under:
i. If the Bid Price offered by the Selected Bidder is lower than 10% but upto 20%
of the estimated Project Cost, then the Additional Performance Security shall
be calculated @ 20% of the difference in the (i) Estimated Project Cost (as

34
 mentioned in RFP)-10% of the Estimated Project Cost and (ii) the Bid Price
offered by the selected Bidder.
ii. If the Bid Price offered by the Selected Bidder is lower than 20% of the
Estimated Project Cost, then the Additional Performance Security shall be
calculated @ 30% of the difference in the (i) Estimated Project Cost (as
mentioned in RFP)-10% of the Estimated Project Cost and (ii) the Bid Price
offered by the Selected Bidder.
iii. This Additional Performance Security shall be treated as part of the
Performance Security.
2.21.2. The Performance Security shall be valid until 60(sixty) days after the Defects
Liability Period. The Additional Performance Security shall be valid until 28
(twenty eight) days after Project Completion Date.
2.21.2.1. The Selected Bidder may initially provide the Performance Security for five
(5) years; provided that the Selected Bidder shall submit the extension of the
validity of the Performance Security for the balance period i.e. upto 60 days
after the Defect Liability Period, as necessary, at least two (2) months prior to
the date of expiry thereof. In the event that the Selected Bidder fails to submit
the extended Performance Security for the balance period within stipulated
period, the Authority may encash the Performance Security and the same shall
be released only after completion of Defect Liability Period or on submission
of new Performance Security for the same amount for the balance period.
2.21.3. Deleted
2.21.4. In the event the Selected Bidder fails to provide the Performance Security and
Additional Performance Security, if any, as prescribed herein, it may seek
extension of time for a further period upto 60 days by paying the Damages
upfront along with the request letter seeking the extension. The Damages shall
be the sum calculated at the rate of 0.01% (zero point zero one per cent) of the
Bid Price offered by the Selected Bidder for each day until the Performance
Security and Additional Performance Security, if any, is provided in full as
prescribed herein. The damages at full rate as given above shall be applicable
even if a part of the Performance Security and the Additional Performance
Security is provided.
2.21.5. For avoidance of any doubt, in case of failure of submission of Performance
Security and Additional Performance Security, if any, within the additional 60
days’ time period, the award shall be deemed to be cancelled/ withdrawn and
the Bid Security shall be encashed and the proceeds thereof appropriated by
the Authority. Thereupon all rights, privileges, claims and entitlements of the
Contractor under or arising out of the Award shall be deemed to have been
waived by, and to have ceased with the concurrence of the Contractor, and the
Award shall be deemed to have been withdrawn by the Authority
2.22. The agreement will be executed within 30 days of receipt of LOA after
submission of Performance Security and Additional Performance Security, if
any, as per sub-clause 2.21 above.

35
 SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF
FINANCIAL BIDS

3.1. Evaluation of Technical Bids

3.1.1. The Authority shall open the BIDs received at date & time given in clause 1.3;
and in the presence of the Bidders who choose to attend. Technical BID of only
those Bidders shall be considered for evaluation whose BID have been received
within the timeline specified in the clause 1.3.
3.1.2. Technical Bids of those Bidders who have not submitted their Bid online, shall
not be considered for opening and evaluation.
3.1.3. If any information furnished by the Bidder is found to be incomplete, or
contained in formats other than those specified herein, the Authority may, in
its sole discretion, exclude the relevant information for consideration of
eligibility and qualification of the Bidder.
3.1.4. To facilitate evaluation of Technical BIDs, the Authority may, at its sole
discretion, seek clarifications in writing from any Bidder regarding its
Technical BID. Such clarification(s) shall be provided within the time specified
by the Authority for this purpose. Any request for clarification(s) and all
clarification(s) in response thereto shall be in writing. The bids will be
examined and evaluated in accordance with the provisions set out in this
Section 3. The Authority will subsequently flag issues, if any with the data
updated by the Bidders.
3.1.5. If a Bidder does not provide clarifications sought under Clause 3.1.4 above
within the prescribed time, its Bid may be liable to be rejected. In case the Bid
is not rejected, the Authority may proceed to evaluate the Bid by construing
the particulars requiring clarification to the best of its understanding, and the
Bidder shall be barred from subsequently questioning such interpretation of the
Authority.
3.1.6. Tests of responsiveness
3.1.6.1. As a first step towards evaluation of Technical BIDs, the Authority shall
determine whether each Technical BID is responsive to the requirements of this
RFP. A Technical BID shall be considered responsive only if:
a. Technical BID is received online as per the format at Appendix-IA including
all Annexure with supporting documents;
b. Deleted;
c. Technical Bid is accompanied by the BID Security as specified in Clause 1.2.4
and 2.20;
d. The Power of Attorney is uploaded on MP Tenders portal as specified in
Clauses 2.1.5;
e. Technical Bid is accompanied by Power of Attorney for Lead Member of Joint
Venture and the Joint Bidding Agreement as specified in Clause 2.1.6, if so
required;
f. Technical Bid contains all the information (complete in all respects);

36
 g. Technical Bid does not contain any condition or qualification; and
h. Copy of online receipt towards payment of cost of Bid document/RFP of
required amount (as mentioned in Datasheet) is received.
3.1.6.2. The Authority reserves the right to reject any Technical BID which is non-
responsive and no request for alteration, modification, substitution or withdrawal
shall be entertained by the Authority in respect of such BID.
3.1.7. In the event that a Bidder claims credit for an Eligible Project, and such claim
is determined by the Authority as incorrect or erroneous, the Authority may
reject / correct such claim for the purpose of qualification requirements.
3.1.8. The Authority will evaluate the Technical BIDs for their compliance to the
eligibility and qualification requirements pursuant to clause 2.2.1 & 2.2.2 of
this RFP.
3.1.9. After evaluation of Technical Bids, the Authority will publish result of
Technical Evaluation along with date & time of opening of Financial Bid on
MP Tenders Portal. In case of any objection, the bidder shall submit their
representation in writing to following within 7 days of publication of result of
Technical Evaluation. No representation shall be entertained after prescribe
time mentioned herein.
Chief Engineer (Procurement)
Madhya Pradesh Road Development Corporation Limited
45A Arera Hills, Bhopal (MP) 462011
Email: procu-mprdc@mp.gov.in
3.2. Opening and Evaluation of Financial Bids
The Authority shall inform the venue and time of online opening of the Financial
Bids to the technically responsive Bidders through e-procurement portal and e-
mail. The Authority shall open the online Financial Bids of the technically
responsive Bidders only on scheduled date and time in the presence of the
authorised representatives of the Bidders who may choose to attend. The
Authority shall publicly announce the Bid Prices quoted by the technically
responsive Bidder. Thereafter, the Authority shall prepare a record of opening of
Financial Bids.
3.3. Selection of Bidder
3.3.1. Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as
responsive in terms of Clause 3.1.6, the bidder shall be declared as the selected
Bidder (the “Selected Bidder”) in pursuance to the procedure defined hereunder:
3.3.1.1. The Lowest Bidder shall be the selected bidder
3.3.1.2. If a bidder is the lowest bidder for multiple packages then, the Authority shall
evaluate his Bid Capacity as per clause 2.2.2.1 for award of multiple Packages.
If lowest bidder does not have capacity for award of multiple Packages then, the
authority shall arrive at a least cost combination by taking into account L1, L2
L3…etc. bidders and their respective Bid Capacity, assessed as per clause
2.2.2.1
3.3.2. In the event that two or more Bidders quote the same BID Price (the "Tie BIDs"),
the Authority shall identify the Selected Bidder whose Technical Capacity is

37
 higher among others.
3.3.3. In the event that the Lowest Bidder is not selected for any reason except the reason
mentioned in Clause 2.1.12 (b) (4), the Authority shall annul the Bidding Process
and invite fresh BIDs. In the event that the Authority rejects or annuls all the
BIDs, it may, in its discretion, invite all eligible Bidders to submit fresh BIDs
hereunder.
3.3.4. After selection, a Letter of Acceptance (the “LOA”) shall be issued in the format
set forth in Appendix-VIII, in duplicate, by the Authority to the Selected Bidder
and the Selected Bidder shall, within 7(seven) days of the receipt of the LOA,
sign and return the duplicate copy of the LOA in acknowledgement thereof. In
the event the duplicate copy of the LOA duly signed by the Selected Bidder is not
received by the stipulated date, the Authority may, unless it consents to extension
of time for submission thereof, appropriate the BID Security of such Bidder as
Damages on account of failure of the Selected Bidder to acknowledge the LOA.
3.3.5. After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall
cause the Bidder to submit Performance Security and Additional Performance
Security (if any) within the period prescribed/extended by Authority and then
execute the Agreement within the period prescribed given in clause 1.3. The
Selected Bidder shall not be entitled to seek any deviation, modification or
amendment in the Agreement.
3.3.6. Authority shall return Bid Security of all bidders except Selected Bidder upon
issuance of LOA to the Selected bidder. The bid security of Selected bidder shall
be returned only after submission of Performance Security and Signing of the
Contract. The Authority shall be responsible to return the Bid Security, as above,
and the bidders shall not be required to ask for the same.
3.4. Contacts during BID Evaluation
BIDs shall be deemed to be under consideration immediately after they are
opened and until such time the Authority makes official intimation of award/
rejection to the Bidders. While the BIDs are under consideration, Bidders and/ or
their representatives or other interested parties are advised to refrain, save and
except as required under the Bidding Documents, from contacting by any means,
the Authority and/ or their employees/ representatives on matters related to the
BIDs under consideration.
3.5. Correspondence with Bidder
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any
Bid.
3.6. Any information contained in the Bid shall not in any way be construed as binding
on the Authority, its agents, successors or assigns, but shall be binding against the
Bidder if the Project is subsequently awarded to it on the basis of such
information.
3.7. The Authority reserves the right not to proceed with the Bidding Process at any
time without notice or liability and to reject any or all Bid(s) without assigning
any reasons.

38
 SECTION-4
FRAUD AND CORRUPT PRACTICES

4.1. The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent
to the issue of the LOA and during the subsistence of the Agreement.
Notwithstanding anything to the contrary contained herein, or in the LOA or the
Agreement, the Authority may reject a BID, withdraw the LOA, or terminate the
Agreement, as the case may be, without being liable in any manner whatsoever
to the Bidder, if it determines that the Bidder, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process. In such an
event, the Authority shall be entitled to forfeit & appropriate the Bid Security or
Performance Security, as damages, without prejudice to any other right or remedy
that may be available to the Authority under the Bidding Documents and/ or the
Agreement, or otherwise.
4.2. Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and
the rights and remedies which the Authority may have under the LOA or the
Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found
by the Authority to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice during the Bidding Process, or after the
issue of the LOA or the execution of the Agreement, such Bidder shall not be
eligible to participate in any tender or RFP issued by the Authority during a period
of 2 (two) year from the date such Bidder, or Contractor, as the case may be, is
found by the Authority to have directly or indirectly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practices, as the case may be.
4.3. For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “corrupt practice” means the offering, giving, receiving or soliciting of anything
of value, pressurizing to influence the action of a public official in the process of
tendering and execution of the project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;
(c) “coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;
(d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by the Authority with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding
Process; or (ii) having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a
full and fair competition in the Bidding Process.

39
 SECTION-5
PRE-BID CONFERENCE

5.1. Pre-BID conference of the Bidders shall be convened at the designated date, time
and place. A maximum of two representatives of prospective Bidders shall be
allowed to participate on production of authority letter from the Bidder.
5.2. During the course of Pre-Bid conference(s), the Bidders will be free to seek
clarifications and make suggestions for consideration of the Authority. The
Authority shall endeavour to provide clarifications and such further information
as it may, in its sole discretion, consider appropriate for facilitating a fair,
transparent and competitive Bidding Process.

40
 SECTION-6
MISCELLANEOUS

6.1. The Bidding Process shall be governed by, and construed in accordance with,
the laws of India and the Courts at [Bhopal] shall have exclusive jurisdiction
over all disputes arising under, pursuant to and/ or in connection with the
Bidding Process.
6.2. The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further
information;
(c) retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Bidder.
6.3. It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally,
fully and finally from any and all liability for claims, losses, damages, costs,
expenses or liabilities in any way related to or arising from the exercise of any
rights and/ or performance of any obligations hereunder, pursuant hereto and/
or in connection with the Bidding Process and waives, to the fullest extent
permitted by applicable laws, any and all rights and/ or claims it may have in
this respect, whether actual or contingent, whether present or in future.

41
 APPENDIX -IA
IA LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)

The Managing Director

Madhya Pradesh Road Development Corporation
45A Arera Hills,
Bhopal (MP) 462011

Sub: BID for “Name of Work”.

Dear Sir,
1. With reference to your RFP document dated xx/xx/2024, I/we, having examined the
Bidding Documents and understood their contents, hereby submit my/our BID for the
aforesaid Project. The BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided in the
BID and the documents accompanying the BID for selection of the Contractor for the
aforesaid Project, and we certify that all information provided in the Bid and its the
Annexure I to VI along with the supporting documents are true and correct; nothing has
been omitted which renders such information misleading; and all documents
accompanying the BID are true copies of their respective originals.
3. This statement is made for the express purpose of our selection as EPC Contractor for the
development, construction, rehabilitation and augmentation of the aforesaid Project and
maintenance of the Project during the Defect Liability Period.
4. I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the BID.
5. I/ We acknowledge the right of the Authority to reject our BID without assigning any
reason or otherwise and hereby waive, to the fullest extent permitted by applicable law,
our right to challenge the same on any account whatsoever.
6. I/ We certify that in the last five years, we/ any of the JV partners have neither failed to
perform for the works of Expressways, National Highways, ISC & EI works,, as evidenced
by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement
or arbitration award against us, nor been expelled or terminated by Central/State
Government or its implementing agencies for breach on our part.
7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents, including
any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c) and
2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as defined in Clause 4.3 of the RFP document, in respect of any
tender or request for proposal issued by or any Agreement entered into with the
Authority or any other public sector enterprise or any government, Central or State;
and

42
 (d) I/ We hereby certify that we have taken steps to ensure that in conformity with the
provisions of Section 4 of the RFP, no person acting for us or on our behalf has
engaged or will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the RFP for
the Project and information mentioned for the evaluation of the BID Capacity in
Annexure VI were true and correct as on the date of making the Application and are
also true and correct as on the BID Due Date and I/we shall continue to abide by
them.
8. 8. I/ We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any BID that you may receive nor to invite the Bidders to BID for
the Project, without incurring any liability to the Bidders, in accordance with Clause 2.16.2
of the RFP document.
9. I/We believe that we/our Joint Venture satisfy(s) the Threshold Technical Capacity, Net
Worth criteria and meet(s) the requirements as specified in the RFP document.
10. I/ We declare that we/ any Member of the Joint Venture or our/Joint Venture member, are
not a Member of any other Joint Venture submitting a BID for the Project.
11. I/ We certify that in regard to matters other than security and integrity of the country, we/
any Member of the Joint Venture or any of our/their Joint venture member have not been
convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority
which could cast a doubt on our ability to undertake the Project or which relates to a grave
offence that outrages the moral sense of the community.
12. I/ We further certify that in regard to matters relating to security and integrity of the
country, we/ any Member of the Joint Venture or any of our/their Joint venture member
have not been charge-sheeted by any agency of the Government or convicted by a Court
of Law.
13. I/ We further certify that no investigation by a regulatory authority is pending either against
us/any member of Joint Venture or against our CEO or any of our directors/ managers/
employees.
14. I/ We further certify that we are not disqualified in terms of the additional criteria specified
by the Department of Disinvestment in their OM No. 6/4/2001-DD-II dated 13.7.01, a copy
of which forms part of the RFP at Annexure VII of Appendix-IA thereof.
15. I/ We undertake that in case due to any change in facts or circumstances during the Bidding
Process, we are attracted by the provisions of disqualification in terms of the guidelines
referred to above, we shall intimate the Authority of the same immediately.
16. I/We further acknowledge and agree that in the event such change in control occurs after
signing of the Agreement upto its validity. It would, notwithstanding anything to the
contrary contained in the Agreement, be deemed a breach thereof, and the Agreement shall
be liable to be terminated without the Authority being liable to us in any manner
whatsoever
17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage at
law or howsoever otherwise arising to challenge or question any decision taken by the
Authority in connection with the selection of the Bidder, or in connection with the Bidding
Process itself, in respect of the above mentioned Project and the terms and implementation
thereof.

43
18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a
Agreement in accordance with the draft that has been provided to me/us prior to the BID
Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by
the same.
19. I/ We have studied all the Bidding Documents carefully and also surveyed the [project
highway and the traffic]. We understand that except to the extent as expressly set for thin
the Agreement, we shall have no claim, right or title arising out of any documents or
information provided to us by the Authority or in respect of any matter arising out of or
relating to the Bidding Process including the award of Agreement.
20. I/ We submit a BID Security of Rs ………. Crore (Rupees Only) to the Authority in
accordance with the RFP Document.
21. Deleted.
22. The documents accompanying the Technical BID, as specified in Clause 2.11.1 of the RFP,
have been submitted in separate files.
23. I/ We agree and understand that the BID is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if the
Project / Contract is not awarded to me/us or our BID is not opened or rejected.
24. The BID Price has been quoted by me/us after taking into consideration all the terms and
conditions stated in the RFP, draft Agreement, our own estimates of costs and after a
careful assessment of the site and all the conditions that may affect the project cost and
implementation of the project.
25. I/ We agree and undertake to abide by all the terms and conditions of the RFP document.
26. {We, the Joint Venture agree and undertake to be jointly and severally liable for. all the
obligations of the EPC Contractor under the Contract Agreement}.
27. I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the BID Due
Date specified in the RFP.
28. I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid for
undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.
In witness thereof, I/we submit this BID under and in accordance with the terms of the RFP
document.
Yours faithfully,
Date: (Signature, name and
designation
Place: of the Authorised signatory)
Name & seal of Bidder/Lead Member
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to it, and
‘Deleted’ may be indicated there.

44
 APPENDIX - IB
LETTER COMPRISING THE FINANCIAL BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)

To,
The Managing Director
Madhya Pradesh Road Development Corporation
45A Arera Hills,
Bhopal (MP) 462011

Sub: BID for “Name of Work”.

Dear Sir,
1. With reference to your RFP document dated xx/xx/2020, I/we, having examined the
Bidding Documents and understood their contents, hereby submit my/our BID for the
aforesaid Project. The BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided in the
BID and the documents accompanying the BID for selection of the Contractor for the
aforesaid Project, and we certify that all information provided in the Bid are true and
correct; nothing has been omitted which renders such information misleading; and all
documents accompanying the BID are true copies of their respective originals.
3. The BID Price has been quoted by me/us after taking into consideration all the terms
and conditions stated in the RFP, draft Agreement, our own estimates of costs and after a
careful assessment of the site and all the conditions that may affect the project cost and
implementation of the project.
4. I/ We acknowledge the right of the Authority to reject our BID without assigning any
reason or otherwise and hereby waive, to the fullest extent permitted by applicable law,
our right to challenge the same on any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a
Agreement in accordance with the draft that has been provided to me/us prior to the BID
Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by
the same.
6. I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the BID Due
Date specified in the RFP.
7. I/ We hereby submit our BID and offer a BID Price mentioned in the Financial Bid
submitted online for undertaking the aforesaid Project in accordance with the Bidding
Documents and the Agreement.
Yours faithfully,
Date: (Signature, name and designation of the Place: Authorized Signatory)
Name & Seal of Bidder/Lead Member:..........
Class III DSC ID of Authorized Signatory:.............

45
 Appendix -IA
Annex-I
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in India:
(d) Date of incorporation and/ or commencement of business:
2. Brief description of the Bidder including details of its main lines of business and
proposed role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication for the
Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
4. Particulars of the Authorised Signatory of the Bidder:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number
5. In case of a Joint Venture:
(a) The information above (1-4) should be provided for all the Members of the Joint
Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should
be attached to the Application.
(c) Information regarding the role of each Member should be provided as per table
below:
Sl. Name of Member Role* {Refer Share of work in the
Clause 2.1.11(d)}$ Project{Refer Clauses2.1.11(a),
(f) & (g)}
1.
2.

46
* The role of each Member, as may be determined by the Applicant, should be indicated in
accordance with instruction 4 at Annex-IV.
(d) The following information shall also be provided w.r.t para 2.1.14 for each
Member of the Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl.
No. Criteria Yes/No
1. Has the Bidder/ constituent of the Joint Venture been barred by the
Central/State Government or its implementingagencies for the works of
Expressways, National Highways, ISC and El works, from participating
in bidding.

2 If the answer to 1 is yes, does the bar subsist as on BID due date.
6(a) I/ We certify that in the last two years, we/ any of the JV partners have neither failed to
perform for the works of Expressways, National Highways, ISC & EI works, as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitral award against us, nor been expelled or terminated by
Central/State Government or its implementing agencies for breach on our part.
(b) I/ We certify that we/ any of the JV partners do not fall in any of the categories of being
a Non-Performing entity given at Clause 2.1.14 of Instructions to Bidders in the projects
of Expressways, National Highways, ISC and EI works of Central/State Government or
its implementing agencies and furnished the complete details.
7(a) I/ We further certify that no investigation by a regulatory authority is pending either
against us/any member of Joint Venture or our sister concern or against our CEO or any
of our directors/managers/employees.
(b) I/ We further certify that no investigation by any investigating agency in India or outside
is pending either against us/ any member of Joint Venture or our sister concern or against
our CEO or any of our directors/managers/employees.
A statement by the Bidder and each of the Members of its Joint Venture (where applicable)
disclosing material non-performance or contractual non-compliance in current projects, as on
bid due date is given below (attach extra sheets, if necessary) w.r.t. para 2.1.14.
Name of the Bidder /Member of JV:
Sr. Name
No. Categories of Non- ofthe
Performer projects(s)
(i) Fails to set up institutional mechanism and procedure as per contract

(ii) Fails to mobilize key construction equipment within a period of

4months from the Appointed Date.
(iii) Fails to complete or has missed any milestone and progress not
commensurate with contiguous unencumbered project length /ROW
available even after lapse of 6 months from respective project
milestone/Schedule Completion date, unless Extension of Time has
been granted due to Authority's Default or Force Majeure.

47
 Sr. Name
No. Categories of Non- ofthe
Performer projects(s)
(iv) Fails to achieve progress commensurate with funds released from
Escrow Account (Equity + Debt 4- Grant) in BOT or HAM project
and
variation is more than 25% in the last 365 days.
(v) Fails to achieve the target progress or complete the project as per
schedule agreed at the time of sanctioning of funds under One Time
Funds Infusion (0TH) or relaxations to contract conditions to improve
cash flow solely on account of Concessionaire's/contractor's
failure/default.
(vi) Fails to complete rectification (excluding minor rectifications) as per
time given in non-conformity reports (NCR) in design/completed
works/maintenance or reported in Inspection Reports issued by Quality
Inspectors deployed by the Authority or Officers of the Authority
(vii) Fails to complete minor rectifications exceeding 3 instances in a
projectas per time given in non-conformity reports (NCR) in
design/completed
works/maintenance.
(viii) Fails to fulfil its obligations to maintain a highway in a
satisfactorycondition in spite of two rectification notices issued in this
regard
(ix) Damages/penalties recommended by Independent /
Authority'sEngineer during O&M Period and
remedial works are still not taken up.
(x) Fails to complete Punch list items even after lapse of time for
completion
of such items excluding delays attributable to the Authority.
(xi) Occurrence of minor failure of structures/highway due to dueto
construction defect wherein no causalities are reported (causalities
include injuries to human being / animals)..

(xii) Occurrence of major failure of structures/highway due to due to

construction defect wherein no casualties are reported (causalities
include injuries to human being / animals).
(xiii) Occurrence of major failure of structures/highway due to due to
construction defect leading to loss of human lives besides loss of
reputation etc. of the authority.
(xiv) Fails to make premium payments excluding the current installment in
one or more projects.

(xv) Fails to achieve financial closure in two or more projects within the
given or extended period (which shall not be more than six months in
any case).

48
 Sr. Name
No. Categories of Non- ofthe
Performer projects(s)
(xvi) Fails to submit the Performance Security within the permissible time
period in more than one project.

(xvii) Rated as an unsatisfactory performing entity/ non-performing entity by

an independent third-party agency and so notified on the website of the
Authority.
(xvii) Failed to perform for the works of Expressways, National Highways,
ISC ft El works in the last2(two) years, as evidenced by imposition Of
a penalty by an arbitral judicial authority or a by imposition of a
penalty by an arbitral award against the Bidder, including individual or
any of its
Joint Venture Member, as the case may be.
(xix) Expelled from the contract or the contract terminated by the
Central/State Government or its implementing agencies for breach by
such Bidder, including individual or any of its Joint Venture Member
Provided that any such decision of expulsion or termination of contract
leading to debarring of the Bidder from further participation in bids for
the prescribed period should have been ordered after affording an
opportunity of hearing to such party.
(xx) Fails to start the works or causes delay in maintenance &
repair/overlay of the project.

I/ We certify that the list is complete and covers all the projects of Expressways, National
Highways, ISC and EI works of Central/State Government or its implementing agencies and
that we/ any of the JV partners do not fall in any of the above categories of being a Non-
Performing entity.
(Signature, name and designation of the authorised signatory) For and on behalf
of……………………………………..

49
 Appendix -IA
ANNEX-II
Technical Capacity of the Bidder
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant Project Cate- Experience** (Equivalent Rs. crore)$$ Technical
type Code* gory$ Payments received Value of Experience£
forconstruction of self-
Eligible construction in
Projects in Eligible Projects in
Categories 3 & 4 Categories 1 and 2
(1) (2) (3) (4) (5) (6)
Single a
entity b
Bidder or c
Lead Member d
including other e
members of the f
Joint Venture
Aggregate Technical Experience
=

Provide details of only those projects that have been undertaken by the Applicant, or its Lead
member including members in case of joint venture, under its own name separately and/ or by
a project company eligible under Clause 2.2.2.6(i)(b). In case of Categories 1 and 2, include
only those projects which have an estimated capital cost exceeding the amount specified in
Clause 2.2.2.6(i)(c) and for Categories 3 and 4, include only those projects where the payments
received exceed the amount specified in Clause 2.2.2.6(ii). In case the Bid Due Date falls within
3 (three) months of the close of the latest financial year, refer to Clause 2.1.13.
* Refer Annex-IV of this Appendix-I. Add more rows if necessary.
$ Refer Clause 2.2.2.5(i)
** Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project. In no
case shall the cost of maintenance and repair, operation of Highways and land be included
while computing the Experience Score of an Eligible Project.
$$ For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**)14
to a US Dollar.
£. In the case of an Eligible Project situated in an OECD country, the Experience Score so
arrived at shall be further multiplied by 0.5, in accordance with the provisions of Clause
2.2.2.5(ii) and the product thereof shall be the Experience Score for such Eligible Projects.
NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I shall
be provided separately for other Members so as to establish that each such Member has 20
percent or more of the Threshold Technical Capacity. (Refer Clause 2.2.2.4).

50
 Appendix -IA
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP) (In Rs. crore$)
Bidder type Net Cash Accruals Net
Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead
Member
including other members of the
JointVenture
TOTAL

Bidder Annual Average

type Turnover Annual
Year 1 Year 2 Year 3 Year 4 Year 5 Turnover
(Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (In Rs.
factor factor factor factor factor crore$)

1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6x
7+8x9+10x11
)/5
Single 1.00 1.05 1.10 1.15 1.20
entity
Bidderor
Lead
Member
including
other
membersof
theJoint
Venture

Name & address of Bidder’s Bankers:

$ For conversion of other currencies into rupees, see note below Annex-II of Appendix-I.
£The Bidder should provide details of its own Financial Capacity.

Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements and Annual
Reports for 5 (five) years preceding the Bid Due Date. The financial statements shall:
(a) reflect the financial situation of the Bidder;

51
 (b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.
3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share capital
and all reserves created out of the profits and securities premium account, after deducting
the aggregate value of the accumulated losses, deferred expenditure and miscellaneous
expenditure not written off, as per the audited balance sheet, but does not include
reserves created out of revaluation of assets, write-back of depreciation and
amalgamation.
4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be
the year immediately preceding Year 1 and so on. In case the Bid Due Date falls within 3
(three) months of the close of the latest financial year, refer to Clause 2.1.13.
5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be submitted in
accordance with Clause 2.1.11 of the RFP document.
6. The Bidder shall also provide the name and address of the Bankers to the Bidder.
7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the Bidder
and also specifying the methodology adopted for calculating such net worth in
accordance with Clause 2.2.2.9 (ii) of the RFP document.
8. Format for Certificate of Net Worth by Statutory Auditor (Format Attached as
Appendix- X).
9. Format for Certificate of Turn Over by Statutory Auditor (Format Attached as
Appendix- XI).

52
 Appendix -IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of
Instruction the
Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction of work
executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer,
and/or
(b) revenues appropriated for self construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity was 10
held)

Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information provided in this
section is intended to serve as a backup for information provided in the Application.
Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for each
Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to be provided
here should indicate the break-up for the past 5 (five) financial years. Year 1 refers to the
financial year immediately preceding the Bid Due Date; Year 2 refers to the year before
Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause 2.1.13). For
Categories 1 and 2, expenditure on construction of the project by the Applicant itself
should be provided, but only in respect of projects having an estimated capital cost
exceeding the amount specified in Clause 2.2.2.6(i)(c). In case of Categories 3 and 4,
payments received only in respect of construction should be provided, but only if the
amount received exceeds the minimum specified in Clause 2.2.2.6(ii). Receipts for
construction works should only include capital expenditure, and should not include
expenditure on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and contact

53
 details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
concession,etc.) may be provided. In case of projects in Categories 3 and 4, similar
particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and
2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion,
should be indicated. In case of Categories 3 and 4, date of completion of construction
should be indicated. In the case of projects under construction, the likely date of
completion or commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning
the Eligible Project, held continuously during the period for which Eligible Experience
is claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice. In
other words, no double counting in respect of the same experience shall be permitted in
any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$or its respective clients must be furnished
as per formats below for each Eligible Project. In jurisdictions that do not have statutory
auditors, the auditors who audit the annual accounts of the Bidder may provide the
requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£,it should provide a
certificate from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d) :
Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it, this
is tocertify that …………………….. (name of the Bidder) is/ was an equity shareholder
in ……………….. (title of the project company) and holds/held Rs ………cr. (Rupees
………………………….. crore) of equity (which constitutes........... %€ of the total paid up
and subscribed equity capital) of the project company from …………... (date) to
…………….. (date)¥The project was/is commenced on ………(date) and likely to be
commissioned on ……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs ........... cr. (Rupees
…………………crore), of which the applicant has itself undertaken the construction of project
of Rs. ………(Rupees ......... Crores) excluding any part of the project for which any
contractor, sub-contractor or other agent was appointed for the purpose of construction as per
Clause 2.2.2.6(i) (d) by the aforesaid Applicant itself, during the past five financial years as
per year-wise detailsnoted below:
……………………………………….
……………………………………….
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)
$ In case duly certified audited annual financial statements containing the requisite details are provided,
a separate certification by statutory auditors would not be necessary.
£ Refer Clause 2.2.2.5 of the RFP.
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company.
€ Refer instruction no. 10 in this Annex-IV.
¥ In case the project is owned by the Applicant company, this language may be suitably modified to
read: “It is certified that …………….. (name of Applicant) constructed and/ or owned

54
 the……….(name of project)from…..(date)to (date).”
14. If the Bidder is claiming experience under Category 3 & 4, as per Clauses 2.2.2.5 and
2.2.2.6(ii) of the RFP, it should provide a certificate from its Statutory Auditor in the
format below:

Certificate from the Statutory Auditor regarding construction worksɸ

Based on its books of accounts and other published information authenticated by it, This is
to certify that ……………………..(name of the Bidder) was engaged
by………………..(title of the project company)to execute (name of project) for (nature of
project). The construction of the project commenced on ............................ (date) and the
project was/
is likely to be commissioned on................................... (date, if any). It is certified that
Bidder received
payments from its Clients for Construction Works executed by them and certified by the
Engineer-in- charge/Independent Engineer/Authority’s Engineer, in the aforesaid
construction works. We further certify that the total estimated capital cost of the project is
Rs. ………… cr. (Rupees…………………crore), of which the Applicant received as
certified by the Engineer-in- charge/Independent Engineer/Authority’s Engineer
Rs.………cr. (Rupees ………..crore), during the past five financial years as per year-wise
details noted below:
……………………………………..
……………………………………..
It is further certified that the receipts indicated above are restricted to the share of the Applicant
who undertook these works as a partner or a member of joint venture.♠

We further certify that applicant has a share of …..% in the Joint Venture/Consortium

Name of the audit firm:

Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)

Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company. However, in
case the work of other member(s) is also executed by the applicant, then this fact should also be certified by
the Statutory Auditor and accordingly the language may be suitably modified.

♠This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture or
as authorize sub-contractor. This portion may be omitted if the contract did not involve a partnership/ joint
venture or authorize sub-contractor. In case where work is not executed by partnership/ joint venture or
authorize sub-contractor, this paragraph may be deleted.
In case of unauthorized sub-contractor proof of authorize sub-contracting has to be submitted

15. It may be noted that in the absence of any detail in the above certificates, the information
would be considered inadequate and could lead to exclusion of the relevant project in
computation of Experience.
16. To satisfy the qualification requirement under clause 2.2.2.2 (ii) & (iii), the bidder is
55
required to submit a certificate from project owning department/corporations signed by
Officer not below the level of Executive Engineer or equivalent.

56
 Appendix -IA
ANNEX-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/ Lead Member of Joint Venture)

Ref. Date:
To,
The Managing Director
Madhya Pradesh Road Development Corporation
45A Arera Hills,
Bhopal (MP) 462011

Sub: BID for “Name of Work”.

Dear Sir,
We hereby confirm that we/ our members in the Joint Venture (constitution of which has been
described in the application) satisfy the terms and conditions laid out in the RFP document.
We have agreed that (insert member’s name) will act as the Lead Member of our Joint
Venture.*
We have agreed that ................................................. (insert individual’s name) will act as our
representative/ will act as the representative of the Joint Venture on its behalf* and has been
duly authorized to submit the RFP. Further, the authorised signatory is vested with requisite
powers to furnish such letter and authenticate the same.

Thanking you,
Yours faithfully,
(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

57
 Appendix -IA
Annex-VI
Information required to evaluate the BID Capacity under clause 2.2.2.1:
To calculate the value of “A” and “C”
1. A table containing value of Civil Engineering Works in respect of EPC Projects (Turnkey
projects / Item rate contract/ Construction works) undertaken by the Bidder during the last
5 years is as follows (the amount of bonus received, if any, shall be indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net
No. undertaken w.r.t. EPC Projects bonus (Rs. in Valu
including bonus, if any (Rs. in Crore) eexcluding bonus
Crore) (Rs. InCrore)
1 Year 1
2 Year 2
3 Year 3
4 Year 4
5 Year 5

3. Maximum value of projects that have been undertaken during the F.Y.out of the last 5 years
and value excluding amount of bonus thereof is Rs. Crore (Rupees ). Further, value updated
to the price level of the year indicated in Appendix is as follows:
Rs. ………..Crore x (Updation Factor as per Appendix) = Rs. ……….Crore (Rupees……)
4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated to the
price level of the year indicated in Appendix):
Sr. F.Y. / Amount of Updation Updated Amount of
No. CalendarYear Bonus (Rs. Factor Bonus(Rs. in Crore)
inCrore)
1 Year 1.00
1
2 Year 2 1.05
3 Year 3 1.10
4 Year 4 1.15
5 Year 5 1.20
Total
(C)=

………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Seal of Signature, name and designation of
the audit firm: (Signature, nameand Authorised Signatory
: designation and Membership No. For and on behalf of …………(Name ofthe
of authorised signatory) Bidder)

58
 Date:
Place:
To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to be
completed during the next ** years is as follows:
Sl. Name Percentage Dater of Construction Value of Value of Balance Anticipate Balance value
No of of start / period as per contract work value of d date of of work at
. Project participation appointed Agreement/ as per completed work to be completion 2022-23/2022
/Work of Bidder in date of LOA Agreem completed price level
the project project ent
/LOAβ
Rs. in Rs. in Rs. in Rs. in Crore
Crore Crore Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x #)

# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 Year 1 1.00
2 Year 2 1.05
3 Year 3 1.10
4 Year 4 1.15
5 Year 5 1.20

The Statement showing the value of all existing commitments, anticipated value of work to
be completed in the period of construction of the project for which bid is invited and ongoing
works as well as the stipulated period of completion remaining for each of the works
mentioned above is verified from the certificate issued that has been 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. No awarded / ongoing works Place: has been left in the aforesaid statement which
has been awarded to M/s………………individually / and other member M/s ………………..
and M/s ………………., as on bid due date of this RFP.

β In case balance period of construction is less than the value of period of construction of the
project for which bid is invited, then full value of contract as per Agreement/LOA to be
mentioned, else, anticipated value of work to be completed in the period of construction of
the project for which bid is invited is to be mentioned. In the absence of the anticipated value
of work to be completed, the proportionate value shall be considered while evaluating the
Assessed Available Bid Capacity.

59
 ………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Seal of Signature, name and designation of
the audit firm: (Signature, nameand Authorised Signatory
: designation and Membership No. For and on behalf of …………(Name ofthe
of authorised signatory) Bidder)
Date:
Place:

60
 APPENDIX-IA

Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)

No. 6/4/2001-DD-II
Government of India
Department of Disinvestment

Block 14, CGO Complex

New Delhi. Dated 13th July, 2001.

OFFICE
MEMORANDUM

Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment

Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for Bidders interested in PSE-disinvestment so that the parties selected
through competitive bidding could inspire public confidence. Earlier, criteria like net
worth, experience etc. used to be prescribed. Based on experience and in consultation with
concerned departments, Government has decided to prescribe the following additional
criteria for the qualification/ disqualification of the parties seeking to acquire stakes in
public sector enterprises through disinvestment:

(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory
authority that casts a doubt on the ability of the Bidder to manage the public
sector unit when it is disinvested, or which relates to a grave offence would
constitute disqualification. Grave offence is defined to be of such a nature
that it outrages the moral sense of the community. The decision in regard to
the nature of the offence would be taken on case to case basis after
considering the facts of the case and relevant legal principles, by the
Government of India.
(b) In regard to matters relating to the security and integrity of the country, any
charge-sheet by an agency of the Government/ conviction by a Court of
Law for an offence committed by the bidding party or by any sister concern
of the bidding party would result in disqualification. The decision in regard
to the relationship between the sister concerns would be taken, based on the
relevant facts and after examining whether the two concerns are
substantially controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period
that
Government deems
appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment
process, would not be allowed to remain associated with it or get associated

61
 merely because it has preferred an appeal against the order based on which
it has been disqualified. The mere pendency of appeal will have no effect on
the disqualification.
Appendix-
IA
Annexure-
VII Page-2

(e) The disqualification criteria would come into effect immediately and would
apply to all Bidders for various disinvestment transactions, which have not
been completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to
explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking
Expression of Interest (EOI) from the interested parties. The interested
parties would be required to provide the information on the above criteria,
along with their Expressions of Interest (EOI). The Bidders shall be
required to provide with their EOI an undertaking to the effect that no
investigation by a regulatory authority is pending against them. In case any
investigation is pending against the concern or its sister concern or against
its CEO or any of its Directors/ Managers/ employees, full details of such
investigation including the name of the investigating agency, the charge/
offence for which the investigation has been launched, name and
designation of persons against whom the investigation has been launched
and other relevant information should be disclosed, to the satisfaction of the
Government. For other criteria also, a similar undertaking shall be obtained
along with EOI.

sd
/- (A.K.
Tewari)
Under Secretary to the Government of India

62
 Details of ongoing works (Ref Clause 10.3 (iv) of Draft EPC Agreement)

S. Name of Contract Price Appointed Original Likely Date of Reason for

No. the (INR Cr) Date Scheduled Completion Delay#
work Completion
Date
1
2
3
…

(In the event that the Bidder had failed to achieve the Completion of any project within a
period of 90 (ninety) days from the Schedule Completion Date of the project, unless such
failure had occurred due to Force Majeure or for reasons solely attributable to the
Authority, the Bidder shall be deemed to be ineligible for bidding this project (under bidding),
both as the sole party or as one of the parties of Joint Venture/ Consortium, if any, during
the period from Scheduled Completion Date to issuance of Completion Certificate for that
project. This restriction is applicable if the contract value of the delayed project was not less
than Rs. 300 Crore.)
#
To be supported with valid certificate issued from Independent Engineer / Authority’s
Engineer / Supervision Consultant / Engineer-in-charge
I / We certify that all the information furnished above is true in all respects.

…………………………………………… Name of the Bidder

Signature of the authorized signatory:

Name of the Authorised Signatory:

Date:

Place:

63
 APPENDIX – II

Deleted

64
 APPENDIX – IIA

Deleted

65
 APPENDIX-III
Format for Power of Attorney for signing of
BID
(Refer Clause
2.1.5)
Know all men by these presents, We…………………………………………….. (name of
the firm and address of the registered office) do hereby irrevocably constitute, nominate,
appoint and authorize Mr./ Ms (name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently
employed with us/ the Lead Member of our Joint Venture and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our BID for the
………..Name of Work…….. or being developed by the MPRDC (the “Authority”)
including but not limited to signing and submission of all applications, BIDs and other
documents and writings, participate in Pre-BID and other conferences and providing
information/ responses to the Authority, representing us in all matters before the Authority,
signing and execution of all contracts including the agreement and undertakings consequent
to acceptance of our BID, and generally dealing with the Authority in all matters in
connection with or relating to or arising out of our BID for the said Project and/ or upon
award thereof to us and/or until the entering into of the EPC Contract with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds and
things done by our said Attorney in exercise of the powers hereby conferred shall and shall
always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL

HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF
………….
2…..
For
………………………….. (Signature,
name, designation and address) of person
authorized by Board Resolution
(in case of Firm/ Company)/ partner in case of
Witnesses: Partnership firm
1.
2.
Accepte
d
…………………………
… (Signature)
(Name, Title and Address of the Attorney) (Notarised)
Person identified by me/ personally appeared before
me/
Attested/
Authenticated* (*Notary to
specify as applicable)

66
 (Signature Name and Address of the Notary)

Seal of the
Notary Registration No. of
the Notary
Date:………………
Notes:
The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter documents
of the executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders’ resolution/ power
of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have to
be legalised by the Indian Embassy and notarised in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by
Bidders from countries that have signed the Hague Legislation Convention 1961 are
not required to be legalised by the Indian Embassy if it carries a conforming Appostille
certificate.

67
 APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint

Venture

(Refer Clause 2.1.6)

Whereas the MPRDC (“the Authority”) has invited BIDs for the “………….Name of
Work…………”.
Where as, …………………….., …………………….., and
…………………….. (collectively the “Joint Venture”) being Members of the
Joint Venture are interested in bidding for the Project in accordance with the terms and
conditions of the Request for Proposal (RFP) and other BID documents including
agreement in respect of the Project, and

Whereas, it is necessary for the Members of the Joint Venture to designate one of them as
the Lead Member with all necessary power and authority to do for and on behalf of the
Joint Venture, all acts, deeds and things as may be necessary in connection with the Joint
Venture’s BID for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE

PRESENTS

We, …… having our registered office at ……., M/s. ….. having our registered office at …,
M/s. … having our registered office at ….., and ….. having our registered office at ………,
(hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate, constitute, appoint and authorize M/S ……. having its registered office
at
………., being one of the Members of the Joint Venture, as the Lead Member and true and
lawful attorney of the Joint Venture (hereinafter referred to as the “Attorney”). We hereby
irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business for
and on behalf of the Joint Venture and any one of us during the bidding process and, in the
event the Joint Venture is awarded the contract, during the execution of the Project and in
this regard, to do on our behalf and on behalf of the Joint Venture, all or any of such acts,
deeds or things as are necessary or required or incidental to the pre-qualification of the
Joint Venture and submission of its BID for the Project, including but not limited to
signing and submission of all applications, BIDs and other documents and writings,
participate in pre BID and other conferences, respond to queries, submit information/
documents, sign and execute contracts and undertakings consequent to acceptance of the
BID of the Joint Venture and generally to represent the Joint Venture in all its dealings
with the Authority, and/ or any other Government Agency or any person, in all matters in
connection with or relating to or arising out of the Joint Venture’s BID for the in all respect
Project and/ or upon award thereof till the EPC Contract is entered into with the Authority
&
Compelled.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise
of the powers conferred by this Power of Attorney and that all acts, deeds and things done
by our said Attorney in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us/ Joint Venture.

68
 IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED
HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS
…………………. DAY OF
………. 2..…

For For …………………….. For

…………………….. (Signature) ……………………..
(Signature) ………………….. (Signature)
……………… (Name & Title) …………………..
….. (Name & (Name &
Title) Title)

(Executants
)
(To be executed by all the Members of the Joint Venture)

Witnesses:
1.
2.

Notes:
The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter documents
of the executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
Also, wherever required, the Bidder should submit for verification the extract of
the charter documents and documents such as a board or shareholders’ resolution/
power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have
to be legalised by the Indian Embassy and not arised in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by
Bidders from countries that have signed the Hague Legislation Convention 1961 are
not required to be legalised by the Indian Embassy if it carries a conforming Appostille
certificate.

69
 APPENDIX V

Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)

(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of
………… 20…

AMONGST

1. {………… Limited, and having its registered office at ………… } (hereinafter

referred to as the “First Part” which expression shall, unless repugnant to the context include
its successors and permitted assigns)

AND

2. {………… Limited, having its registered office at ………… }and (hereinafter

referred to as the “Second Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter

referred to as the “Third Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

The above mentioned parties of the FIRST, {SECOND and THIRD} PART are
collectively referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) [The MPRDC] (hereinafter referred to as the “Authority” which expression shall,
unless repugnant to the context or meaning thereof, include its administrators, successors and
assigns) has invited bids (the Bids”) by its Request for Proposal No. ………… dated
…………(the “RFP”) for award of contract for ……….Name of Work…… through an EPC
Contract.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the RFP document and other bid
documents in respect of the Project, and

(C) It is a necessary condition under the RFP document that the members of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with the
Application.

70
NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires,
have the meaning ascribed thereto under the RFP.

2. Joint Venture

2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”)
for the purposes of jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this
Joint Venture and not individually and/ or through any other Joint Venture
constituted for this Project, either directly or indirectly.

3. Covenants

The Parties hereby undertake that in the event the Joint Venture is declared the
selected Bidder and awarded the Project, it shall enter into an EPC Contract with
the Authority for performing all its obligations as the Contractor in terms of the
EPC Contract for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described
below:

(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have
the power of attorney from all Parties for conducting all business for and on behalf
of the Joint Venture during the Bidding Process and for performing all its obligations
as the Contractor in terms of the EPC Contract for the Project;

(b) Party of the Second Part shall be {the Member of the Joint Venture; and}

(c) Party of the Third Part shall be {the Member of the Joint Venture.}

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms of
the RFP and the EPC Contract, till such time as the completion of the Project is
achieved under and in accordance with the EPC Contract.

6. Share of work in the Project

71
 The Parties agree that the proportion of construction in the EPC Contract to
be allocated among the members shall be as follows:

First Party:
Second
Party:
{Third
Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty one)
per cent of the total length of the project highway if the Contract is allocated to the
Joint Venture.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organised, validly existing and in good standing under
the laws of its incorporation and has all requisite power and authority to
enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement
has been authorised by all necessary and appropriate corporate or
governmental action and a copy of the extract of the charter documents and
board resolution/ power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member is annexed to this
Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having

applicability to it;

(iii) violate the memorandum and articles of association, by-laws or

other applicable organisational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other

governmental authorisation, approval, judgement, order or decree or
any mortgage agreement, indenture or any other instrument to which
such Party is a party or by which such Party or any of its properties
or assets are bound or that is otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or Encumbrances or obligations to create a lien,
charge, pledge, security interest, encumbrances or mortgage in or on
the property of such Party, except for encumbrances that would not,
individually or in the aggregate, have a material adverse effect on
the financial condition or prospects or business of such Party so as to
prevent such Party from fulfilling its obligations under this

72
 Agreement;

(c) this Agreement is the legal and binding obligation of such Party,
enforceable in accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's

knowledge, threatened to which it or any of its Affiliates is a
party that presently affects or which would have a material
adverse effect on the financial condition or prospects or business
of such Party in the fulfillment of its obligations under this
Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full force
and effect until Project completion (the “Defects Liability Period”) is achieved
under and in accordance with the EPC Contract, in case the Project is awarded to the
Joint Venture. However, in case the Joint Venture is either not pre- qualified for the
Project or does not get selected for award of the Project, the Agreement will stand
terminated in case the Applicant is not pre-qualified.

9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of {India}.

9.2 The Parties acknowledge and accept that this Agreement shall not be
amended by the Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED

AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE
WRITTEN.SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER SECOND PART THIRD PART
by:
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of:
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in
accordance with the procedure, if any, laid down by the Applicable Law and
the charter documents of the executant(s) and when it is so required, the same
should be under common seal affixed in accordance with the required
procedure.

73
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favour of
the person executing this Agreement for the delegation of power and authority
to execute this Agreement on behalf of the Joint Venture Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document
shall be legalised by the Indian Embassy and notarized in the jurisdiction where
the Power of Attorney has been executed.

74
 APPENDIX VI INTEGRITY

PACT FORMAT

(To be executed on plain paper and submitted alongwith Technical Bid/Tender documents for
tenders having a value of Rs. 5 cr or above for Consultancy projects and 100 cr. or above for
Construction projects. To be signed by the Bidder and same signatory competent/ authorized to
sign the relevant contract on behalf of the MPRDC)

This integrity Pact is made at on this day of 2016.

BETWEEN
[Madhya Pradesh Road Development Corporation Limited, Bhopal represented by
Managing Director (hereinafter referred to as the “Principal/Owner” which expression shall,
unless repugnant to the context or meaning thereof, include its administrators, successors and
assigns)
AND
{Name and address of the Firm/Company}, (hereinafter referred to as “The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.)

Preamble
Whereas, the Principal has floated the Tender {NIT No……….dtd…………………..} (hereinafter
referred to as “Tender/Bid”) and intends to award, under laid down organizational procedure,
contract/s for {Name of the work} (hereinafter referred to as the “Contract”).
And Whereas the Principal values full compliance with all relevant laws of the land, rules of land,
regulations, economic use of resources and of fairness/ transparency in its relations with its
Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this Integrity
Pact (hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of which shall
also be read as integral part and parcel of the Tender documents and contract between the parties.
Now, therefore, in consideration of mutual covenants contained in this pact, the parties hereby
agree as follows and this pact witnesses as under:

Article-1: Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
(a) No employee of the Principal, personally or through family members, will in
connection with the Tender for, or the execution of a Contract, demand, take a
promise for or accept, for self, or third person, any material of immaterial benefit
which the person is not legally entitled to.
(b) The Principal will, during the Tender process treat all Bidder(s) with equity and
reason. The Principal will in particular, before and during the Tender process,
provide to all Bidder(s) the same information and will not provide to any Bidder(s)
confidential/ additional information through which the Bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.

75
 (c) The Principal will exclude all known prejudiced persons from the process, whose
conduct in the past has been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer
and in addition can initiate disciplinary actions as per its internal laid down
Rules/Regulations.

Article – 2: Commitments of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s).

The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to take all
measures necessary to prevent corruption. He commits himself to observe the following
principles during his participation in the tender process and during the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or
through any other person or firm, offer, promise or give to any of the Principal’s
employees involved in the tender process or the execution of the contract or to any third
person any material or other benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage of any kind whatsoever during the tender process or
during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contract,
submission or nonsubmission or bids or any other actions to restrict competitiveness or to
introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for
purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or transmitted
electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall
disclose the name and address of the Agents/ Representatives in India, if any. Similarly,
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian Nationality shall
furnish the name and address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting his
bid, disclose any and all payments he has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the award of the contract.
He shall also disclose the details of services agreed upon for such payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any outside
influence through any Govt. bodies/quarters directly or indirectly on the bidding process
in furtherance of his bid.
76
Article - 3 Disqualification from tender process and exclusion from future contracts.
(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), before award or during
execution has committed a transgression through a violation of any provision of Article-
2, above or in any other form such as to put his reliability or credibility in question, the
Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a
transgression through a violation of Article-2 such as to put his reliability or credibility
into question, the Principal shall be entitled to exclude including blacklist and put on
holiday the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) for any future
tenders/ contract award process. The imposition and duration of the exclusion will be
determined by the severity of the transgression. The severity will be determined by the
Principal taking into consideration the full facts and circumstances of each case particularly
taking into account the number of transgressions, the position of the transgressors
within the company hierarchy of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) and the amount of the damage. The exclusion will be
imposed for a maximum of 3 years.
(3) A transgression is considered to have occurred if the Principal after due consideration of
the available evidence concludes that “On the basis of facts available there are no material
doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent and
without any influence agrees and undertakes to respect and uphold the Principal’s
absolute rights to resort to and impose such exclusion and further accepts and undertakes
not to challenge or question such exclusion on any ground, including the lack of any
hearing before the decision to resort to such exclusion is taken. This undertaking is given
freely and after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s)shall be final and binding on the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s), however, the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) can approach IEM(s) appointed for the purpose of this
Pact.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation of integrity
pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall not be entitled for
any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) could be revoked by the Principal if the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s)can prove that he has restored/ recouped
the damage caused by him and has installed a suitable corruption prevention system in his
organization.

77
Article – 4: Compensation for Damages.(1) If the Principal has disqualified the Bidder(s) from
the tender process prior to the award according to Arcticle-3, the Principal shall be entitled to
forfeit the Earnest Money Deposit/ Bid Security or demand and recover the damages equivalent
to Earnest Money Deposit/ Bid Security apart from any other legal right that may have accrued
to the Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to forfeit
the Performance Bank Guarantee of the Contractor/ Concessionaire/ Consultant and/ or
demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.

Article – 5: Previous Transgressions

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

Article – 6: Equal treatment of all Bidders/ Contractors/ Concessionaires/ Consultants/

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

Article – 7: Criminal charges against violating Bidder(s)/ Contractor(s)/ Concessionaire(s)/

Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a Bidder/
Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes corruption, or if
the Principal has substantive suspicion in this regard, the Principal will inform the same to the
Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed Shri. …….. as Independent External Monitor (herein
after referred to as “Monitor”) for this Pact. The task of the Monitor is to review
independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and

78
 performs his functions neutrally and independently. He reports to the Director General
(Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the Monitor has
the right to access without restriction to all project documentation of the Principal including
that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s). The
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)will also grant the Monitor, upon
his request and demonstration of a valid interest, unrestricted and unconditional access to
his project documentation. The same is applicable to Subcontractors. The Monitor is under
contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the
Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so
inform the Management of the Principal and request the Management to discontinue or
take corrective action, or to take other relevant action. The monitor can in this regard
submit non-binding recommendations. Beyond this, the Monitor has no right to demand
from the parties that they act in a specific manner, refrain from action or tolerate action.
(6) The Monitor will submit a written report to the Director General (Road Development) &
Special Secretary within 8 to 10 weeks from the date of reference or intimation to him by
the Principal and, should the occasion arise, submit proposals for correcting problematic
situations.
(7) If the Monitor has reported to the Director General (Road Development) & Special
Secretary, a substantiated suspicion of an offence under relevant IPC/PC Act, and the
Director General (Road Development) & Special Secretary has not, within the reasonable
time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner.
(8) The word 'Monitor' would include both singular and plural.

Article – 9 Pact Duration

This Pact begins when both parties have legally signed it (in case of EPC i.e. for projects funded
by Principal and consultancy services). It expires for the Contractor/ Consultant 12 months after
his Defect Liability Period is over or 12 months after his last payment under the contract whichever
is later and for all other unsuccessful Bidders 6 months after this Contract has been awarded. (In
case of BOT Projects) It expires for the concessionaire 24 months after his concession
period is over and for all other unsuccessful Bidders 6 months after this Contract has been awarded.
If any claim is made/ lodged during his time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged/ determined by Director
General (Road Development) & Special Secretary.Article - 10 Other Provisions.
(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the Registered
Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.
(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a consortium
79
 Joint Venture partner, this pact must be signed by all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to term of this pact, any
action taken by the Principal in accordance with this Pact or interpretation thereof shall
not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provision of the extent law in force relating to any
civil or criminal proceedings.

In witness whereof the parties have signed and executed this Pact at the place and date first done
mentioned in the presence of following witness:-

(For & On behalf of the Principal) (For & On behalf of the Bidder/ Contractor/
Concessionaire/ Consultant )

(Office Seal )

80
Place Date
Witness 1 : (Name &

Address): Witness 2 :

(Name & Address):

{COUNTERSIGNED and

accepted by: JV Partner}

81
 Appendix-
VII
(See Clauses
2.21)
FORM OF BANK GUARANTEE [Performance
Security/Additional Performance Security]
To
[name of
Authority]
[address of
Authority]

WHEREAS [name and address

of
Contracto
r]
(here after called the “Contractor”) has undertaken, in pursuance of Letter of Acceptance
(LOA) No. Dated for ………Name of Work……...
(Hereinafter called the “Contract”).

AND WHEREAS the Contract requires the Contractor to furnish an{Performance

Security/ Additional Performance Security} for due and faithful performance of its
obligations, under and in accordance with the Contract, during the {Construction Period/
Defects Liability Period and Maintenance Period} in a sum of Rs….. cr. (Rupees
………..….. crore) (the “Guarantee
Amount”8).
AND WHEREAS we, …………………..through our branch at …………………. (the
“Bank”) have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”)
by way of Performance Security.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/
Defects Liability Period and Maintenance Period} under and in accordance with the
Contract, and agrees and undertakes to pay to the Authority, upon its mere first
written demand, and without any demur, reservation, recourse, contest or protest,
and without any reference to the Contractor, such sum or sums up to an aggregate
sum of the Guarantee Amount as the Authority shall claim, without the Authority
being required to prove or to show grounds or reasons for its demand and/or for the
sum specified therein.

2. A letter from the Authority, under the hand of an officer not below the
rank of [Chief Engineer], that the Contractor has committed default in the due and
faithful performance of all or any of its obligations under and in accordance with the
Contract shall be conclusive, final and binding on the Bank. The Bank further agrees
that the Authority shall be the sole judge as to whether the Contractor is in default in
due and faithful performance of its obligations during and under the Contract and
its decision that the Contractor is in default shall be final and binding on the Bank,
82
 notwithstandingany differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other
authority or body, or by the discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as
if the Bank were the principal debtor and any change in the constitution of the
Contractor and/or the Bank, whether by their absorption with any other body
or corporation or otherwise, shall not in any way or manner affect the liability
or obligation of the Bank under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the
Authority to proceed against the Contractor before presenting to the Bank its demand
under this Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability
of the Bank under this Guarantee, to vary at any time, the terms and conditions of
the Contract or to extend the time or period for the compliance with, fulfillment and/ or
performance of all or any of the obligations of the Contractor contained in the Contract
or to postpone for any time, and from time to time, any of the rights and powers
exercisable by the Authority against the Contractor, and either to enforce or forbear
from enforcing any of the terms and conditions contained in the Contract and/or the
securities available to the Authority, and the Bank shall not be released from its liability
and obligation under these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to the Contractor or any
other forbearance, indulgence, act or omission on the part of the Authority or of any other
matter or thing whatsoever which under any law relating to sureties and guarantors would
but for this provision have the effect of releasing the Bank from its liability and obligation
under this Guarantee and the Bank hereby waives all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or

security now or which may hereafter be held by the Authority in respect of or relating
to the Contract or for the fulfillment, compliance and/or performance of all or any of the
obligations of the Contractor under the Contract.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under

this Guarantee is restricted to the Guarantee Amount and this Guarantee will remain
in force for the period specified in paragraph 8 below and unless a demand or claim in
writing is made by the Authority on the Bank under this Guarantee all rights of the
Authority under this Guarantee shall be forfeited and the Bank shall be relieved from
its liabilities hereunder.

8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand
or claim under this Guarantee is made in writing before expiry of the Guarantee, the Bank
shall be discharged from its liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with
the previous express consent of the Authority in writing, and declares and warrants that it
has the power to issue this Guarantee and the undersigned has full powers to do so on
behalf of the Bank.
$
Insert date atleast 5 (five) years from the date of issuance of this Guarantee (in accordance with
Clause 2.21 of the RFP).

83
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been
duly authorized to receive such notice and to effect payment thereof forthwith, and if sent
by post it shall be deemed to have been given at the time when it ought to have been
delivered in due course of post and in proving such notice, when given by post, it shall be
sufficient to prove that the envelope containing the notice was posted and a certificate
signed by an officer of the Authority that the envelope was so posted shall be conclusive.

11. This Guarantee shall come into force with immediate effect and shall remain
in force and effect for up to the date specified in paragraph 8 above or until it is
released earlier by the Authority pursuant to the provisions of the Contract.

12. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG)
2010 Revision, ICC Publication No. 758, except that the supporting
statement under Article 15(a) is hereby excluded.

Signed and sealed this ………. day of ……….., 20……… at

……….. SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank

by: (Signature)

(Name)

(Designation)

(Code

Number)

(Address)

89
 Appendix-VIII
(See Clauses
3.3.4)
Format of LOA

To, Dated,

{Name of selected Bidder}

Subject: { Name of Work}- Letter of Acceptance (LOA)-Reg.
Reference: Your bid for the subject work dated ……………..
Sir,
This is to notify you that your Bid dated ………… for execution of the
………..Name of Work ………………}, at your quoted bid price amounting to Rs.
……………./- {amount in words} has been determined to be the lowest evaluated bid and
is substantially responsive and has been accepted.

3. You are requested to return a duplicate of the LOA as an acknowledgement and sign
the Contract Agreement within the period prescribed in Clause 1.3 of the RFP.

4. You are also requested to furnish Performance Security for an amount of

…………………. {and Additional Performance Security for an amount of
……………………….} as per Clause 2.21 of the RFP within 30 (thirty) days of receipt
of this Letter of Acceptance (LOA). In case of delay in submission of Performance
Security and Additional Performance Security, if any, you may seek extension of time
for a period not exceeding 60 (Sixty) days in accordance with Clause 2.21 of RFP.

5. In case of failure of submission of Performance Security, Additional Performance

Security (if any) and Security against Damages (if any) within the additional 60 (Sixty)
days time period, the award shall be deemed to be cancelled and action shall be
initiated by the Authority as per Clause 2.21 of the RFP.
(Name of the Authorized person)
(Name of the sole bidder/ lead partner of JV)
Seal of the bidder

85
 Appendix-IX
Uploaded online on MP Tenders Portal

86
 Appendix-X
(Giving phone number, address and email address)
CERTIFICATE OF NET WORTH BY STATUTORY AUDITOR
1. This certificate is being issued on the request of ………..(Name of the Bidder and
address) for participating in tender in respect of Madhya Pradesh Road Development
Corporation Limited in accordance with the applicable auditing standards and guidance
Note issued by the Institute of Chartered Accountant of India.
2. We M/s …………..(Name of the Statutory Auditor) are statutory auditors of
…………..………..(Name of the Bidder) for the year ended 31st March 20XX
(appropriate year may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory Auditors of a company,
the form no. ADT 1.duly filed with the Registrar of Companies is attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of chartered accountants
that audited last financial statements/books of accounts shall be treated as Statutory
Auditor while in case of a company, the statutory auditor shall have same meaning as
‘Auditor’ defined under the Companies Act, 2013.
3. We have obtained all relevant record and information that were necessary for providing
this certificate.
4. We have read and understood the tender documents relating to financial (e.g. ‘Turnover’
and ‘Net worth), verified the standalone audited financial statements of…… (Name of
the Bidder), books of accounts and other relevant records and information as at 31st
March 20XX produced before us by (Name of the Bidder), and on basis of such
verification, information and explanation given to us, we certify that Net Worth of
(Name of the Bidder) as on 31 March 20XX has been computed strictly in compliance
with the provision of clause 2.2.2.9(ii) of the RFP documents of the MPRDC and as
under:
Sr. Particulars Amount Remarks
No. (₹ in lakh)
1 Paid of Equity Share Capital
(This does not include advance against equity and application
money pending allotment)
2 Reserves and Surpluses (Other equity in case of Financial
Statements are prepared under Ind AS) created out of profits)
2.1 Accumulated Profits
2.2 Share/Security premium
2.3 Other Reserves
Total
Less Accumulated losses, if any
Less Miscellaneous expenditure to the extent not written off
or adjusted
Less Deferred Revenue Expenditure, if any
Less write back of depreciation, if any
Less any other reserve created out of profits like
amalgamation, capital restructuring, first time adoption of Ind
AS or debt restructuring prior to full settlement of debts.

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5. This is certified that the Calculation of Net worth is based on standalone financial
statements of (Name of the Bidder) prepared in conformity with applicable
Accounting Standards and it does not include following components:
i. Advance against equity;
ii. Share application money, pending allotment;
iii. Redeemable or non-redeemable Preference share capital;
iv. Convertible and non-convertible debentures;
v. Revaluation Reserves;
vi. Accumulated losses;
vii. Write back of depreciation;
viii. Other comprehensive income, in cases where financial statements are prepared based on
Ind AS;
ix. Reserves created from restructuring of debt etc till their settlement of debts;
x. Deferred Tax Liabilities; and
xi. Impact of restructuring or amalgamation of the bidder.
For XYZ & Associates Chartered Accountant (FRN )

Name of CA: …………………..

Partner/Proprietor Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………………

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 APPENDIX-XI

Letter Head of the Statutory Auditor

(Giving phone number, address and email address)
CERTIFICATE OF TURNOVER BY STATUTORY AUDITOR

1. This certificate is being issued on the request of ………..(Name of the Bidder and
address) for participating in tender in respect of Madhya Pradesh Road
Development Corporation Limited in accordance with the applicable auditing
standards and guidance Note issued by the Institute of Chartered Accountant of
India.
2. We M/s …………..(Name of the Statutory Auditor) are statutory auditors of
…………..………..(Name of the Bidder) for the year ended 31st March 20XX
(appropriate year may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory Auditors
of a company, the form no.
ADT 1.duly filed with the Registrar of Companies is attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of chartered
accountants that audited last financial statements/books of accounts shall
be treated as Statutory Auditor while in case of a company, the statutory
auditor shall have same meaning as ‘Auditor’ defined under the
Companies Act, 2013.

3. We have obtained all relevant record and information that were necessary for
providing this certificate.
4. We have read and understood the tender documents relating to financial and
technical capacity (e.g. ‘Turnover’ and ‘Net worth), verified the standalone
audited financial statements of …… (Name of the Bidder), books of accounts and
other relevant recordsand information as at 31st March 20XX produced before us
by
…………..………..(Name of the Bidder), and on basis of such verification,
information and explanation given to us, we certify as under:

S.No. Financial year Turnover (₹ In lakh)

1 Year 1
2 Year 2
3 Year 3
4 Year 4
5 Year 5

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 In case financial statements of the latest financial year are not audited and therefore,
the bidder cannot make it available, the bidder shall provide an undertaking to this
effect and statutory auditor shall certify the same. In such case, the bidder shall
provide the audited financial statements for five years immediately preceding the
year for which the audited annual report is not being produced as per clause 2.2.2.8
of the RFP which shall be considered for evaluation. In case, undertaking duly
certified by Statutory auditor is not submitted under by the bidder, under such
circumstances, the annual turnover for the year for which audited annual
financial statements are not available shall be considered as ‘Nil’ for the purposes
of arriving at the average annual turnover.

5. Annual Turnover updated to the price level of the year, based on factors
indicated intable xxx of the tender documents, is given below:

Year Year-1 Year-2 Year-3 Year- Year-

4 5
Updation factor 1.00 1.05 1.10 1.15 1.20
Actual Turnover (₹ In lakh)
Updated Turnover (₹ In lakh)

Average Updated Turnover (to the price level of the year) = …… (₹ In

lakh)

6. This is also certified that the Calculation of turnover is based on standalone

financial statements of ................ (Name of the Bidder) prepared in conformity
with
applicable Accounting Standards and it does not include any component of
indirect tax like GST.
7. This is also certified that the that turnover mentioned in para 5 is in individual
capacityof .................... (Name of the Bidder) and its share in the Joint Venture
where
the work had been executed jointly with other party/parties and such a joint
venture isnot a separate legal entity. Further, the above turnover does not
include any turnover related to joint venture or subsidiary having a separate
legal entity.
8. This is also certified that turnover mentioned in para 5 is in respect of execution of
construction/ civil /engineering activities and does not include any trading activity
of
…………..……….. (Name of the Bidder).

For XYZ & AssociatesChartered Accountant

(FRN ................ )

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Name of CA: …………………..
Partner/Proprietor Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………………

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