SDDF

NATIONAL HIGHWAYS AUTHORITY OF INDIA
(MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVT.OF INDIA)

Plot No. G-5 & 6, Sector – 10, Dwarka
New Delhi – 110 075
Independent Engineer services for 4-Laning of Rampur-

Kathgodam section of NH-87(New NH No. 9) from km 0.000 (km
190.000 of NH-24) to km 42.791(Design Chainage 43.446)
[Package –I] in the state of Uttarpradesh and 4-Laning of
Rampur- Kathgodam section of NH-87 (New NH No. 9, 109)
from km 42.791 (design chainage 43.446) to km 88.000 (design
chainage 93.226) [Package-II] in the State of Uttarakhnad under
NHDP-III on Hybrid Annuity Mode.
REQUEST FOR PROPOSAL (RFP)
September 2016
CONTENTS
Sr. No. Particulars

1 SECTION 1 : Information to Consultants
2 SECTION 2: Letter of Invitation
3 SECTION 3 : Format for Submission of
Firms Credentials.
4 SECTION 4 : Format for Submission of
Technical Proposal.
5 SECTION 5 : Format for submission of
Financial proposal.
6 SECTION 6 : Terms of Reference.
7 SECTION 7 : Draft Form of Contract.
.
National Highways Authority of India Request for Proposal for IE
REQUEST FOR PROPOSAL (RFP)
SECTION 1: INFORMATION TO CONSULTANTS
Rampur-Kathgodam/NH-87/PKG-I/II/Hybrid Annuity/UKD/Tech/2015 dated:07.09.2016
Sub: Independent Engineer services for (i) 4-Laning of Rampur- Kathgodam section of
NH-87(New NH No. 9) from km 0.000 (km 190.000 of NH-24) to km 42.791(Design
Chainage 43.446) [Package –I] in the State of Uttarpradesh and (ii) 4-Laning of
Rampur- Kathgodam section of NH-87 (New NH No. 9, 109) from km 42.791 (design
chainage 43.446) to km 88.000 (design chainage 93.226) [Package-II] in the state of
Uttarakhnad under NHDP-III on Hybrid Annuity Mode.
GENERAL:-
1. The National Highways Authority of India (NHAI) invites proposals for

engaging an Independent Engineer (IE) on the basis of International Competitive Bidding
for the following contract package in the State of Utter Pradesh & Uttarakhand
under NHDP Phase - programme.
TABLE 1: DETAILS OF PROJECT

S Consultancy NH State Project Project Length Assignment
No Package No. Stretch (Km) / Total period
Project (months)
Cost (Cr.)
Independent Engineer services for 4- 87 Uttar Pradesh Rampur- 43.446/ 30

1 Laning of Rampur- Kathgodam section of Kathgodam 738
NH-87(New NH No. 9) from km 0.000 section of
(km 190.000 of NH-24) to km NH-87
42.791(Design Chainage 43.446)
[Package –I] in the State of Uttarpradesh
under NHDP-III on Hybrid Annuity
Mode.
2 Independent Engineer services for 4- 87 Uttarakhand Rampur- 49.78/ 30
Laning of Rampur- Kathgodam section of Kathgodam 657
NH-87 (New NH No. 9, 109) from km section of
42.791 (design chainage 43.446) to km NH-87
88.000 (design chainage 93.226)
[Package-II]) in the State of Uttarakhnad
under NHDP-III on Hybrid Annuity
Mode.
Total 93.226/ 30
1395 months
The RFP shall be received through “INFRACON” (www.infracon.nic.in) and will be
evaluated based on details furnished on “INFRACON”. As such before submitting the
proposal, the Consultant (the firm and all key personnel) shall mandatorily register and enlist
themselves, on the MoRTH portal “INFRACON” and upload all relevant information to
enable correct evaluation of RFP.
All the bidders registered on “INFRACON” shall form a Team on “INFRACON” which
would be assigned unique INFRACON Team ID. Bidders while submitting the RFP proposal
shall furnish registration details including INFRACON Team ID. A copy of INFRACON
Operation Procedure is enclosed for bidder’s reference
2. Selection of IE shall be as per selection procedures given in the Model Concession

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Agreement and general procurement methods followed in NHAI. The selected IE shall be
intimated to the Concessionaire.
3. The proposal shall be submitted in English Language and all correspondence

would be in the same language.
4. The DBFOT/DBOT projects basically constitute up-gradation involving construction

of 2/4/6-lane highway including Bridges; widening and rehabilitation of bridges and
culverts; construction of high embankment/elevated structures/ROBs wayside amenities
etc. along the existing highways including provision of realignment and bypasses. The
proposed construction works will involve use of modern equipment and construction
practices/techniques.
5. NHAI intends to appoint a Consultant to act as Independent Engineer for

implementation of this Hybrid Annuity project. As per the Terms and Conditions of the
Concession Agreement (s), the Independent Engineer is broadly required to: (i)
independently review activities associated with design, design review, during construction,
required quality assurance and quality control tests and operation and maintenance of the
project on behalf of both NHAI and Concessionaire so as to ensure compliance of the
requirements of the provisions of Concession Agreement (ii) report to NHAI on the
Financial, Technical and physical progress of implementation aspects of the project, (iii)
assist the parties in arriving at an amicable settlement of disputes, if any. The selection of
Independent Engineer shall follow the laid down procedures given in the Concession
Agreement signed between NHAI and the Concessionaire for this DBOT project.
6. The interested consultancy firms may download the RFP document from the e-portal
of the Employer w.e.f 23.09.2016 to 23.10.2016 upto 1700 hrs. The Consultant who
download the RFP document from the e-portal will be required to pay the non- refundable
fee of Rs. 5,000/- at the time of the submission of the Bid proposal, through e-payment
gateway. The RFP will be invited through e-tendering portal. Refer Procedure under e-
tendering for submission of RFP through e-tendering. .
7. The proposal should be submitted by consultancy firms in two parts. The two parts
of the proposal are Part 1: Technical Proposal and Part 2: Financial Proposal. The
Financial Proposal is to be submitted only in Electronic Form (to be uploaded on e-
portal). The Technical Proposal in original should be submitted in hard bound form
and should be enclosed in an envelope marked as “Technical Proposal”. A copy of the
Technical Proposal should also be uploaded on the e portal. For a given DBOT
Project, Stage -1 of the Evaluation shall consider the evaluation of the Technical
Proposal (i.e. Part 1). The firms scoring the qualifying marks (minimum 75%) as
mentioned in RFP shall be listed in the descending order of their technical score and 5
top ranking firms shall only be considered for further evaluation provided none of them is
in conflict of interest with the Concessionaire. The firms in conflict of interest shall be
substituted by next ranking firm not having conflict of interest with the Concessionaire.
Under stage 2, the financial proposal of such five firms as selected above shall be opened
and evaluated. The weightage of Technical and Financial score shall be 80% & 20%
respectively. The final selection of the firm shall be based on the highest combined score
of Technical and Financial Proposal.
8. The total time period for the assignment as Independent Consultant will be for
30* Months (Construction period -24 months, Development and O&M period - 6 months).
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9. Consultants may apply either as a sole firm or forming Joint Venture with other
consultants. In case of Joint Venture, the maximum number of Joint Venture
partners is limited to 3 (i.e. one lead + 2 JV partners). Formulation of more than one
JV with different partners for the same work is not allowed and all such proposal
involving the firms shall be treated as non-responsive.
10. The Applicant whether a sole applicant or lead member with joint venture(s) may
include an Associate company also. The applicant shall submit a Memorandum of
Understanding (MOU) with the Associate regarding the role and responsibilities of
this Associate Company along with the proposal. Only such associates are allowed
to participate under this para who provide at least 3 key personnel out of 6 key
personnel viz., (i) Team Leader-cum-Senior Highway Engineer, (ii) Resident-cum-
Highway Engineer, (iii) Senior Bridge Design Engineer, (iv) Highway Design
Engineer (v) Senior Quality-cum-Material Expert and (vi) Bridge/Structural
Engineer.
11. Consulting firms meeting the following criteria and not in conflict of interest with
the Concessionaire are only eligible for applying for this assignment. Firms not
meeting these criteria need not apply.
* For projects of construction period more than 30 months specific approval

with higher time period may be got approved by Competent Authority on case
to case basis before inviting the RFP A). Eligibility criteria for sole
applicant firm.
S.No. Experience of the firm in last 7 years Annual Turnover***

Preparation of Project Supervision/IC
DPR/Feasibility Study (NH/SH/Equivalent)
cum Preliminary Design
Report
(NH/SH/Equivalent)
1 (a). The firm should have The firm should have Annual turnover (updated
minimum experience of minimum experience average of last 5 years or in
preparation of detailed of Project each of the preceding two
Project Supervision/IC of years) of the firm from
Report/Feasibility Study 2/4/6**-laning project consultancy business
cum Preliminary Design of aggregate length should be equal to or more
Report of 2/4/6**-laning equal to 3 times or than 2% of Total Project
project of aggregate more of similar Cost (TPC).
length equal to 2 times category for which
or more of similar RFP is invited.
category for which RFP
is invited.
1 (b) Firm should also have -
experience of Project
Supervision/IC of at
least one project of
similar category of
two/four/six** laning
of length equal to 40%
of project length.
Additional
requirement in case
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of specialized
projects***
** Similar project means 2/4/6 lane as applicable for the project for which RFP is invited. For 2-
lane projects experience of 4/6 lane also to be considered with a multiplication factor of 1.5.
Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. Experience of 2
lane will not be considered for 4/6 laning projects.
*** In case the project includes any specialized nature of work such as tunnels, specialized
structures etc. in substantial quantum, this requirement may be suitably included by suitably
adjusting marks of other attributes.
B) Eligibility Criteria for partner in case of JV (not more than 2 JV partners shall be
allowed)
i) Case I; Lead Partner with one other JV partner: The lead partner must fulfill atleast 50%
of requirements at 1(a) of table in para (A) above and other JV partner should fulfill atleast 40% of
eligibility criteria as indicated at 1(a) of table in para (A) above. Also the lead partner and JV partner
jointly should meet not less than 1.20 times the eligibility criteria as mentioned at 1(a) of table in para
(A) above. Lead partner should meet the criteria 1 (b) of table in para (A) above.
ii) Case II Lead partner with two other JV Partners: The lead partner must fulfill atleast 50%
of requirements at 1(a) of table in para (A) above and each JV partner should fulfill atleast 25% of
eligibility criteria as indicated at 1(a) of table in para (A) above. Also the lead partner and JV partners
jointly should meet not less than 1.30 times the eligibility criteria as mentioned at 1(a) of table in para
(A) above. Lead partner should meet the criteria 1 (b) of table in para (A) above.
Note: The weightage given for experience of a firm would depend on the role of the firm
in the respective assignments. The firm’s experience would get full credit if it was
the sole firm in the respective assignment. Experience weightage for firms joining
Lead partner JV partner shall be considered in the same proportion as payment has
been received *** by the firm towards consultancy work in the project.
*** For weightage of experience in any past Consultancy assignment experience certificate from
the client shall be accepted. In the absence of experience certificate from the client,
proportion of payment received towards Consultancy work duly certified by statutory body
like Chartered Accountant or Independent Auditors who are competent to do so as recognised
by the State concerned shall be accepted. Annual turnover duly certified by Chartered
Accountant shall be accepted. In case of non-availability of such documents no weightage of
turnover/experience will be considered.
12. Following enhancement factor will be used for the cost of services provided and for
the turnover from consultancy business to a common base value for works
completed in India:
Year of completion of services / turnover Enhancement factor

Financial year in which RFP invited 1.00
One year prior to RFP 1.10
Two year prior to RFP 1.21
Three year prior to RFP 1.33
Four year prior to RFP 1.46
Five year prior to RFP 1.61
Six year prior to RFP 1.77
Seven year prior to RFP 1.95
Applicant should indicate actual figures of costs and amount for the works executed
by them without accounting for the above mentioned factors.
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In case the financial figures and values of services provided are in foreign currency,
the above enhancement factors will not be applied. Instead, current market
exchange rate (State Bank of India BC Selling rate as on last date of submission of
the bid) will be applied for the purpose of conversion of amount in foreign currency
into Indian Rupees.
13. The Bidder including individual or any of its Joint Venture Member should, in
the last 2 years, have neither failed to perform for the works of Expressways,
National Highways, ISC (Inter State Connectivity) & EI (Economic Importance)
works, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Bidder
including individual or any of its Joint Venture Member, as the case may be,
nor has been expelled or terminated by Ministry of Road Transport &
Highways or its implementing agencies for breach by such Bidder including
individual or any of its Joint Venture Member. Consultants (sole firm or lead firm
and any of the JV partners) who donot fulfil the aforesaid condition as on last date
of submission of proposal, need not apply as their RFP proposal will not be
entertained..
14. NHAI will not be responsible for any delay, loss or non-receipt of RFP document sent
by post/courier. Further, NHAI shall not be responsible for any delay in receiving the
Proposal and reserves the right to accept/reject any or all applications
without assigning any reason thereof.
15. The Technical proposal (in Original) must be submitted in a hard bound form with
all pages numbered serially, along with an index of submission. (Hard bound
implies binding between two covers through stitching or otherwise whereby it may
not be possible to replace any paper without disturbing the documents). Spiral bound
form, loose form, etc. will be not accepted. A copy of the Technical Proposal should
also be uploaded on the e-portal. Financial Proposals shall have to be submitted
only in Electronic Form (to be uploaded on the e-portal). In the event, any of the
instructions mentioned herein have not been adhered to, NHAI may reject the
Proposal..
16. Employer will be at liberty to keep the credentials submitted by the Consultants at
bidding stage, in public domain and the same may be uploaded by Employer on
Employer’s web-site. Consultants should have no objection if Employer uploads
the information pertaining to their credentials as well as of their key personnel.
17. The individual key personnel proposed in the bid by the consultants or any
replacement thereof should undertake that they shall have no objection in
uploading/hoisting of their credentials by Employer in public domain.
18. RFP submission must be received not later than 1100 hrs on 24.10.2016 in the
manner specified in the RFP document at the address given below.
General Manager (Uttarakhand)
National Highways Authority of India
G-5 & G-6, Sector 10, Dwarka
New Delhi 110 075.
(Tel:- 011-25074100 Extn. 2221)
(Fax:- 011-25074100) (e-mail –mpsrana@nhai.org)
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SECTION 2. LETTER OF INVITATION TO CONSULTANTS

1 INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with
other consultant willing to act as IE to submit a proposal for providing
consulting services required for the assignment named in the attached Letter of
Invitation. Your proposal could form the basis for future negotiations and
ultimately a contract between your firm and the NHAI.
1.2 A brief description of the assignment and its objectives are given in the Terms
of Reference (TOR).
1.3 The assignment shall be implemented in various stages such as Design,
Construction supervision, and Operation and Maintenance supervision. Continuation
of services for the next stage shall be subject to satisfactory performance of the
previous stage, as determined by the NHAI.
1.4 This RFP is neither an agreement nor an offer by the Authority to the prospective
Applicants or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in the formulation of their
Proposals pursuant to this RFP. This RFP includes statements and assumptions,
which reflect various assessments arrived at by the Authority in relation to the
Consultancy. Such assessments and statements do not purport to contain all the
information that each Applicant may require. The information contained in this RFP,
may not be complete, accurate, adequate or correct. Each Applicant should,
therefore, conduct its own investigations about the assignment and the local
conditions before submitting the proposal by paying a visit to the Client and the
project site, sending written queries to the client, before the date and time specified
in the Data Sheet.
1.5 Please note that (i) the costs of preparing the proposal and negotiating for the
contract, including a visit to site, are not reimbursable as a direct cost of
assignment and (ii) NHAI is not bound to accept any of the proposals received by
it and reserves the right to annul the selection process at any time prior to
contract award, without thereby incurring any liability to the Consultants.
1.6 We wish to remind you that in order to avoid conflict of interest situations, any
firm associated with the Concessionaire of the Project Highway as its Design
and/or Supervision Consultant and/or the Contractor(s) as Design
Consultant and/or Construction Supervision Consultant is not eligible to
participate in the bidding.
1.7 Those Consultants who were engaged by Ministry/ NHAI for the above project
as Design Consultants for preparation of Detail Project Reports shall not be
permitted to submit proposal for providing the consultancy services as Independent
Consultant for the same project either individually or in JV with other firms.
1.8 Consultant have an obligation to disclose any situation of actual or potential
conflict that impacts their capacity to serve the best interest of their Client, or
than may reasonably be perceived as having this effect. Failure to disclose said
situations may lead to the disqualification of the Consultant or the termination of its
Contract and/or any other action as deemed fit by the Authority at any stage.
1.9 It is the NHAI’s policy that the consultants observe the highest standard of
ethics during the selection and execution of such contracts. In pursuance of this
policy, the NHAI:
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(a) Defines, for the purpose of this paragraph, the terms set forth below as follows:
(i) “Corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, of anything of value to influence
the action of a public official in the selection process or in contract
execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts
in order to influence a selection process or the execution of a
contract;
(iii) “Collusive practices” means a scheme or arrangement between two

or
more consultants with or without the knowledge of the Client,
designed to establish prices at artificial, non-competitive levels;
(iv) “Coercive practices” means harming or threatening to harm, directly
or indirectly, persons or their property to influence their
participation in a procurement process, or affect the execution of a
contract.
(b) will reject a proposal for award if it determines that the Consultant
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive or coercive practices in competing for the
contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time,
to be awarded a contract if it at any time determines that the firm has
engaged in corrupt or fraudulent practices in competing for, or in executing, a
contract; and
(d) will have the right to require that a provision be included requiring consultants
to permit the NHAI to inspect their accounts and records relating to
the performance of the contract and to have them audited by
authorized representatives of NHAI.
1.10 Consultants, their Sub-Consultants, and their associates shall not be under
a declaration of ineligibility for corrupt and fraudulent practices. Furthermore,
the Consultants shall be aware of the provisions on fraud and corruption stated
in the specific clauses in the General Conditions of Contract.
1.11 Consultants shall furnish information on commissions and gratuities, if any,
paid or to be paid to agents relating to this proposal and during execution
of the assignment if the Consultant is awarded the Contract, in the Financial
Proposal.
1.12 The Data Sheet indicates how long Consultants’ Proposals must remain valid
after the submission date. During this period, Consultants shall maintain the
availability of Professional staff nominated in the Proposal. The Client will
make its best effort to complete negotiations within this period. Should the need
arise, however, the Client may request Consultants to extend the validity period
of their proposals. Consultants who agree to such extension shall confirm that
they maintain the availability of the Professional staff nominated in the
Proposal, or in their confirmation of extension of validity of the Proposal,
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Consultants could submit new staff in replacement. If any consultant seeks
any replacement(s), while extending the bid validity, then the same
shall be evaluated for ascertaining suitability of replacement as per
the provisions of the RFP and no remuneration shall be deducted for
any such replacement(s). However, the technical evaluation shall
take into account of the originally submitted CV(s) only irrespective
of replacement sought. Consultants who do not agree have the right to
refuse to extend the validity of their Proposals.
2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS

2.1 The Consultants may request a clarification of any of the RFP documents up to
the number of days indicated in the Data Sheet before the Proposal submission
date. Any request for clarification must be sent in writing by paper mail,
facsimile, or electronic mail to the Client’s address indicated in the Data Sheet.
The Client will respond by cable, facsimile, or electronic mail to such requests
and will send copies of the response (including an explanation of the query but
without identifying the source of inquiry) to all consultants who have purchased
the RFP document. Clarification/amendment will also be hosted on NHAI’s e-
portal.
2.2 At any time before the submission of Proposals, the Client may for any reason,
whether at its own initiative or in response to a clarification requested by a
Consulting firm, modify the RFP documents by amendment. Any amendment
shall be issued in writing through addendum. Addendum may be sent by mail,
cable, telex, facsimile or electronic mail to consultants or/and will be hosted on
NHAI’s e- portal which will be binding on them. The Client may at its
discretion extend the deadline for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal in Two Parts strictly using the
formats enclosed herewith (refer section 3,4 and 5). The two parts shall be:
Part 1: Technical Proposal and

Part 2: Financial Proposal.
The Technical Proposal (Hard Bound) should be enclosed in an envelope
which should be marked as “Part – 1 – Technical Proposal”. The Financial
Proposal should be submitted only in Electronic Form. No hard copy of the
Financial Proposal is to be submitted. Please also refer “procedure under e-
tendering” defined in the RFP in this regard. The proposal shall be written in
the English language as specified in the Data Sheet. All pages of the Proposal
shall be signed by an authorized representative. The representative’s
authorization shall be confirmed by written Power of Attorney duly notarized to
be submitted with the proposal. In case of JV a MoU indicating the specific
Projects, input and role of each Partner etc. shall be submitted with the proposal.
Part 1: Technical Proposal

3.2 You are expected to examine all terms and conditions included in the
documents.
Failure to act or to provide all requested information will be at your own risk and
may result in rejection of your proposal.
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3.3 During preparation of the Technical proposal you may give particular attention to
the following:
i. The man-months for the assignment shall be that stated in the Terms of
Reference. The same shall be considered for the purpose of evaluation as
well as award. In case the man months of TOR are amended in view of
Client’s own initiative or in response to clarification sought by any
Consulting firm, the man months so amended and published shall be
considered for the purpose of evaluation as well as award.
ii. The Consultants should prefer to field as many of their permanent staff
as possible and higher marks shall be given in this regard. The
permanent staff would be considered those already employed with the
firm prior to one year from the month during which this Tender Notice
is issued. More weightage will be given to those key personnel who
are employed with more years with the firm.
iii. No alternative to key professional staff may be proposed and only one
Curriculum Vitae (CV) may be submitted for each position and
iv. A good working knowledge of the language specified in the data sheet
is essential for key professional staff on this assignment. Reports must be
in the language (s) specified in the data sheet.
v. For Key Personnel e.g. Team Leader, Resident-cum-Highway Engineer,

Senior Pavement Specialist, Highway Design Engineer and Road Safety
Expert, the Consultants should prefer candidates having worked on PPP
Projects. Such personnel shall be rated higher than the candidates having no
such experience at all”.
3.4 Your Technical Proposal must provide the following information, using but
not limited to the formats attached in the Section 3 &4.
i. A brief description of the firm’s organisation and an outline of
recent experience of the Consultants and, in the case of Joint Venture,
for each partner, on assignments of a similar nature. The information
which you shall provide on each assignment should indicate, inter-alia, the
profiles of the staff provided, duration, contract amount and firm’s
involvement. The details of assignments on hand shall also be furnished.
ii. Any comments or suggestions on the ToR and a description of
the methodology (work plan) which the firm proposes to execute the
services, illustrated with bar charts of activities.
iii. The composition of the proposed staff team, the tasks which shall be assigned
to each and their timing;
iv. Requirement for submission of CVs.
a. CVs strictly in the prescribed format and recently signed in blue ink
on each page by both the proposed professional staff and the
Managing Director/Head or the authorized representative of the firm
b. Key information should include years with the firm and degree of
responsibility held in various assignments. In CV format, at
summary, the individual shall declare his qualification & total
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experience (in years) against the requirements specified in TOR for
the position (Ref. Enclosure-B of TOR). If any information is found
incorrect, at any stage, action including termination and debarment
from future NHAI projects upto 2 years may be taken by NHAI on
the personnel and the Firm.
c. Deleted.
d. CVs of Key Personnel having intermittent inputs will be considered
only if the assignments on hand as on 7 days before due date of
proposal including those for which LOA has been received from the
Client or for which Consultant has been declared as H1 do not
exceed
3 (three) for Senior Bridge Design Engineer, Senior
Pavement Specialist and Highway Design Engineer.
6 (six) for Traffic and Transportation Expert, Road Safety
Expert, Financial Expert, Legal Expert and HTMS/Toll
Expert.
e. All the CVs which are to be evaluated should be complete in all

respects including signing and certification by the individual and the
firm..
f. If a CV score less than 70% marks, whatever marks it score will be
carried forward for maximum 3 nos key personnels for determining
the total score of the firm. However, if the Key Personnel does not
fulfil the minimum academic qualification (as mentioned at
Enclosure-B of TOR of RFP), the overall score of his CV will be
evaluated as zero. If the Key Personnel does not fulfil the minimum
qualification related to experience (as mentioned at Enclosure-B of
TOR of RFP), then zero marks will only be assigned for that sub
criteria, but the marks obtained by the CV of the Key Personnel will
be carried forward for maximum 3 nos key personnel for determining
the total score of the firm. In case, a firm is H-1, then maximum 3
(three) such Key Personnel (whose CV scores less than 70% or who
does not fulfil the minimum qualification) will have to be replaced by
the firm at the time of contract negotiations. The reduction in
remuneration of such replacements shall be 5%, 10% and 15 % for
1st replacement, 2nd replacement and 3rd replacement respectively.
In case more than 3 CV scores less than 70% marks, the proposal
shall be considered non-responsive.
g. In case CV of a person is turned out to be fake/incorrect/inflated
during the assignment, the consultancy firms shall have to refund the
salary and perks drawn including interest @12% per annum in
respect of the person apart from other consequences. In addition to
above, 10% of the salary and perks to be refunded shall be recovered
from the Firm as penalty.
v. Deployment Schedule for each key personnel should be formulated and
incorporated in the Technical Proposal which will be reviewed on quarterly
basis.
vi. Estimates of the total time effort (person x months) to be provided for
the services, supported by bar chart diagrams showing the time proposed
(person x months) for each professional staff and sub professional staff.
vii. .
viii. Each key personnel of the preferred Consultant shall be called for interview
at the time of negotiation at the cost of Consultant.
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ix. Replacement of key personnel shall be considered only in unavoidable
circumstances. In no case more than two replacements of key personnel shall
be permitted during negotiation and in such cases Consultant and such key
personnel shall have to submit affidavit to the effect that during the period of
assignment specified in para 8 of Section:1, the replaced key personnel shall
not be professionally employed anywhere in NHAI works. NHAI shall not
further consider CV of such key personnel directly or indirectly for any of its
projects for this period. 10% reduction in remuneration shall be considered
for each such substitution upto 2 replacements. In case during negotiations,
more than two replacements are sought by the H1 consultant, his proposal
shall be considered as Non-Responsive. In such case the combined score of
next five top firms, meeting the non-conflict condition shall be evaluated to
arrive at new H1. In case when less than five firms are available, the next
highest scoring firm shall be considered as H1.
In case during interaction with the key personnel at the time of negotiation it
is found that the key personnel proposed is un-suitable for the assignment
position, his replacement by equivalent or better shall be provided by the
consultant. The key personnel with such un-suitable CV shall not be
considered in any future bids for that position for two years.
In the eventuality that a firm becomes non-responsive, for the third time, due
to the action of replacements of more than 2 key personnel during
negotiation, the firm and its constituent JV partners and Associates shall be
debarred upto two years for NHAI consultancy projects.
x. Any additional information.
3.5 The technical proposal must not include any financial information.
Part 2: Financial Proposal

3.6 Your Financial Proposal must be strictly using the formats attached in Section 5.
No additional items/quantities other than that specified in the formats should be
proposed by the Consultants since the same shall not be considered for the
evaluation/award. For the first 12 months from the Date of Commencement of
Services, Consultants shall be paid billing rates as indicated above. Beginning 13th
months of the services provided, billing rates shall be increased on all items of
contract inter alia including vehicle hire, office rent, consumables, furniture etc @ 5%
every 12 months for local currency for the subsequent period of services rendered
by the personnel of all categories namely (i) key Personnel; (ii) sub-Professional
personnel and (iii) Support staff. However, for evaluation and award of the Bid
proposals, the quoted initial rate (as applicable for first 12 months) shall be
multiplied by the total time input for each position on this contract, i.e. without
considering the increase in the billing rates.
3.7 The Financial Proposal should clearly identify as a separate amount, the local
taxes (including social security), duties, fees, levies and other charges imposed
under the applicable law, on the consultants, the sub-consultants, and their
personnel (other than nationals or permanent residents of the government’s
country); unless the Data Sheet specifies otherwise. This cost, however, will not
be considered in evaluation.
3.8 Consultants may express the price of their services in the Local currency
13
(Indian
Rupees) and/or US Dollar/ Euro. For evaluation purposes, the client shall consider
1US$=Rs.67.15/- and I Euro = Rs.75.25)- (This will be the exchange rates as per
Reserve Bank of India rounded off to nearest Rupee applicable at the time of RFP
invitation). The Client may require consultants to state the portion of their price
representing local cost in the national currency if so indicated in the Data Sheet.
3.9 Service tax as applicable shall be reimbursed to the Consultants.
4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

4.1 The ‘ORIGINAL’ proposal shall be prepared in indelible ink. It shall contain no
inter-lineation or overwriting, except as necessary to correct errors made by the
firm itself. Any such corrections must be initiated by the person or persons who
sign(s) the Proposals.
4.2 All pages of the ‘ORIGINAL” Proposal shall be signed by the eligible authority
as specified in Para 3.1 of LOI given above.
4.3 You must submit one ‘ORIGINAL’ proposal only in accordance with “procedure
under e-tendering” defined in the RFP. The Technical Proposal (Hard Bound)
should be enclosed in an envelope which should be marked as “Part – 1 –
Technical Proposal”. The Financial Proposal should be submitted only in
Electronic Form. No hard copy of the Financial Proposal is to be submitted.
4.4 The sealed Envelope to be submitted to NHAI shall contain 2 sealed envelopes,
One containing the “Technical Proposal” and the other containing the proof of
online payment of Rs. 5,000/- (Cost of RFP) and proof of online payment of
application processing fees amounting to Rs. 1,295/-.
4.5 The t e c h ni c a l proposal must be submitted in a hard bound form with all pages
numbered serially, along with an index of submissions. (Hard bound implies
binding between two covers through stitching or otherwise whereby it may not be
possible to replace any paper without disturbing the document). S piral bound
form, loose form, etc. will be not accepted.
4.6 Your completed proposal must be delivered on or before the time and date stated in
the data sheet. Please also refer “procedure under e-tendering” defined in the RFP in
this regard.
5 PROPOSAL EVALUATION
5.1 A two -stage procedure shall be adopted for evaluating the proposals.
5.2 Deleted
Technical Proposal
5.3 The Evaluation Committee appointed by the NHAI shall carry out its
evaluation applying the evaluation criteria and point system specified in the
data sheet. Each responsive proposal shall be attributed a technical score (St.)
The technical proposal should score at least 75 points to be considered responsive.
The Authority shall shortlist 5 (five) top firms on the basis of their technical score
not in the conflict of interest with the concessionaire.
14
Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of 5 firms
is finalised, NHAI may notify those consultants whose proposals were not
considered as per conditions of RFP. The NHAI shall simultaneously notify the
finally selected 05 (five) shortlisted firms indicating the date and time set for
opening of the Financial Proposals.
5.5 The Financial Proposals shall be opened publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the technical
scores, and the proposed prices shall be read aloud and recorded when the Financial
Proposals are opened. The Client shall prepare minutes of the public opening.
5.6 The Evaluation Committee will determine whether the submitted Financial Proposals
are complete (i.e. whether they have included cost of all items of the
corresponding proposals; if not, then the cost towards such missing items will be
considered as NIL, but the Consultant shall, however, be required to carry out
such obligations without any additional compensation. In case under such
circumstances, if Client feels that the work cannot be carried out within the
overall cost as per the submitted financial proposal, such proposals shall be
considered non responsive.
5.7 The Evaluation Committee shall determine if the financial proposal is complete
and without computational errors. The lowest financial proposal (Fm) shall be
given a financial score (Sf) of 100 points. The financial score of the proposals
shall be computed as follows : Sf = 100 x Fm//F (F-amount of financial proposal).
5.8 Proposals shall finally be ranked according to their combined technical (St) and
financial (Sf) scores using the weights indicated in the data sheet.
6 NEGOTIATIONS
6.1 Prior to the expiration period of validity of proposal, the NHAI shall notify
the successful firm who submitted the highest scoring proposal in writing by
registered letter or facsimile and may either issue LOA if negotiations are not
required or may invite it to negotiate the contract. In case two or more firms
obtain same score, the firm achieving the highest Technical score shall be invited
first for negotiations.
6.2 Negotiations normally take one to two days. The aim is to reach agreement on all
points, and initial a draft contract by the conclusion of negotiations
6.3 In case of 1st round of negotiation is not held within 180 days from the Bid Receipt
Date due to reasons attributable to Employer, the selected consultant (H-1) shall
be permitted for replacement upto a maximum of 4 key personnel with key
personnel of equivalent or better qualifications without considering the same as
replacement and without any deduction. However, for avoidance of doubt, it is
clarified that replacement of key personnel whose CV has scored less than 70%
marks shall continue be considered as replacement as per para 3.4.(iv) (f).Further,
it is also clarified that any key personnel, if debarred during the period between
receipt of bid and award of the contract and is required to be replaced as per the
provisions of the RFP, then the replacement shall not be considered as part of
replacement by the consultant and hence no deduction in remuneration shall be
affected. However, in this case the original CV will be considered for evaluation
purpose
15
6.4 Negotiations shall commence with a discussion of your technical proposal,
the proposed methodology (work plan), staffing. Agreement must then be reached
o n the staffing and bar charts, which shall indicate activities, staff, periods in
the field and in the home office, staff months, logistics and reporting. Special
attention shall be paid to optimise the required outputs from the firm within the
available budget and to define clearly the inputs required from the NHAI to ensure
satisfactory implementation of the assignment.
6.5 It is the responsibility of the Consultant, before starting financial negotiations,

to contact the local tax authorities to determine the local tax amount to be paid
by the Consultant under the Contract. The financial negotiations will include a
clarification (if any) of the firm’s tax liability in the Client’s country, and the
manner in which it will be reflected in the Contract; and will reflect the agreed
technical modifications in the cost of the services.
6.6 Having selected a firm, among other things, on the basis of an evaluation of
proposed key professional staff, the NHAI expects to negotiate, a contract on the
basis of the staff named in the proposal and, prior to contract negotiations, will
require assurance that this staff shall be actually available.
6.7 Replacement of key personnel shall be considered only in unavoidable
circumstances. In no case more than two replacements of key personnel shall be
permitted during negotiation and in such cases Consultant and such key personnel
shall have to submit affidavit to the effect that during the period of assignment
specified in para 8 of Section:1, the replaced key personnel shall not be
professionally employed anywhere in NHAI works. NHAI shall not further consider
CV of such key personnel directly or indirectly for any of its projects for this period.
10% reduction in remuneration shall be considered for each such substitution upto 2
replacements. In case during negotiations, more than two replacements are sought by
the H1 consultant, his proposal shall be considered as Non-Responsive. In such case
the combined score of next five top firms, meeting the non-conflict condition shall be
evaluated to arrive at new H1. In case when less than five firms are available, the
next highest scoring firm shall be considered as H1.
In case during interaction with the key personnel at the time of negotiation it is found
that the key personnel proposed is un-suitable for the assignment position, his
replacement by equivalent or better shall be provided by the consultant. The key
personnel with such un-suitable CV shall not be considered in any future bids for that
position for two years.
In the eventuality that a firm becomes non-responsive, for the third time, due to the
action of replacements of more than 2 key personnel during negotiation, the firm and
its constituent JV partners and Associates shall be debarred upto two years for NHAI
consultancy projects.
6.8 Each key personnel of the preferred consultant shall be called for interview at the
time of negotiation at the cost of the Consultant. The negotiations shall be
concluded with a review of the draft form of Contract. The NHAI and the firm will
finalise the contract to conclude negotiations.
7 AWARD OF CONTRACT
7.1 After completion of negotiations with the consultants, the Client shall award
the Contract to the selected Consultant. .
16
7.2 The successful firm with whom the contract is signed is expected to commence
the assignment on the date and at the location specified in the data sheet.
17
DATA SHEET
(As Mentioned in Letter of Invitation to Consultants)
Sub clause No. in Letter of Invitation to Consultants
1.4 Pre-Proposal Conference shall be held at: NHAI HQ on 03.10.2016 at 15.00 hrs.
1.12 The proposal shall be valid for 120 days after the last date of submission.
2.1 Clarification may be requested 7 days prior to Pre Proposal Conference. The
address for requesting clarification is:
General Manager (T) (Uttarakhand)

G-5 & G-6, Sector 10, Dwarka
New Delhi 110 075.
(Tel:- 011-25074100 Extn 2221)
(Fax:- 011-25074100 )
(E-mail: mpsrana@nhai.org)
3.1 The Language of documents and correspondence will be English
3.3 All the personnel shall have working knowledge of English and all the reports
etc shall be written in English.
3.7 NHAI shall reimburse only service tax. Consultant has to assess all other taxes
and should inbuilt them in their financial proposal. These taxes (other than
service tax) should not be provided separately. Consultants are
requested to consult Tax Consultants for details.
3.8 The Consultants to state cost in INR .
4.6 The time and date of submission: 1100 hrs on 24.10.2016
5.3 The points assigned to Technical Evaluation criteria are:
S. No. Description Marks

1 Relevant experience for the assignment 25
2 The quality of methodology and work plan proposed 05
3 Qualifications and competence of the key staff for the assignment 70
Total 100
(i) Sub criteria for Relevant Experience of the firm for the assignment
Average Annual Turnover (last 5 years) from consultancy business 2

Nos of key personnel with the firm 2
Experience as Independent Engineer/Construction Supervision in Number of
Highway Projects of length equal to 40% of project length of similar category for 12
which RFP invited of 2/ 4/6**-laning or more in last 7 years*
18
Experience in DPR preparation for Number of Highway Projects (of length 40% of 6
project length of similar category for which RFP invited of 2/4/6**-laning or more)
in last 7 years *
Experience in Construction Supervision/DPR /Design Review of Major structures 3
having length of more then 500 metre in last 7 years.
Additional requirement in case of specialized projects*** ***
** Similar projects means 2/4/6 lane as applicable for the project for which RFP is
invited. For 2-lane projects experience of 4/6 lane also to be considered with a
multiplication factor of 1.5. Experience of 4/6 lane shall be considered
interchangeably for 4/6 laning projects. Experience of 2 lane will not be considered
for 4/6 laning projects.
structures etc. in substantial quantum, this requirement/Marks may be included by suitably
In case of JV the turnover and experience details of Lead and JV partners to be

added.
Employer’s certificate should be submitted substantiating the experience claimed by the firm.
(ii) Sub criteria for Adequacy of the proposed work plan and methodology in response
to the ToR.
Comments & Suggestions on TOR 1

Quality of Approach and Methodology 3
Work Programme & Manning Schedule 1
*Consultants should give details of the experience of the firm

considering the completed and the on-going highway assignments, separately
for PPP and non-PPP Projects along with experience certificates from clients.
This list of the completed works should also include those assignments which are
substantially (90% of Contract value) completed. No Qualification/Experience
etc. shall be considered without proof of experience.
(iii) Qualification and competence of following professional/sub-professional staff for

the assignment shall be evaluated. The weightage for various key staff are as under:-
S. No Staff Position Marks.

1 Team Leader Cum Senior Highway Engineer 15
2 Senior Bridge Design Engineer 7
3 Resident cum Highway Engineer 7
4 Highway Design Engineer 6
5 Bridge/Structural Engineer 6
6 Senior Pavement Specialist 6
19
7 Senior Quality cum Material Expert 6
8 Traffic & Transportation Expert 6
9 Road Safety Expert 5
10 Financial Expert 3
11 Legal Expert 3
Total 70
Sub criteria for qualification of key Personnel (i.e. Professional staff)
General qualifications 25
Adequacy for the project 70
Employment with firm 5
Total 100
The technical proposal should score at least 75 points to be considered responsive for
financial evaluation.
(iv) Detailed evaluation criteria which is to be used for evaluation of technical bids is as
indicated below as Appendix-EC.
(v) The Consultant should carryout self evaluation based on the evaluation criteria at
Appendix-EC. While submitting the self evaluation along with bid, Consultant shall
make references to the documents which has been relied upon in his self-evaluation.
(vi) Result of technical evaluation shall be made available on the website giving
opportunity to the bidders to respond within 7 days in case they have any objection.
5.6 The single currency for price conversion is INR. For evaluation of bid proposals, the
foreign currency conversation rate of 1US Dollar = Rs.66.96 and 1 Euro = Rs.74.82
shall be used.
5.8 The weightage given to technical proposal is 80%.
The weightage given to financial proposal is 20%.
7.2 Commencement of Assignment: The firm shall begin carrying out the services
within one month of signing of the Consultancy Agreement.
Remarks: Based on experience and the Consulting Industry’s Capacity, Project specific
requirement etc., NHAI may modify the above criteria for Selection of IE.
20
Appendix-EC
1. Evaluation Criteria for Assessment of Experience of the Firm.
(Refer para 5.3(i) of Section 2, Data Sheet of RFP)
S. No. Description Max. Reference/ Marks

Marks Details of self
projects assessed
Claimed by the
for self bidder
assessment
1 Average Annual Turnover (last 5 years or in each of the preceding 2

two years) from consultancy business
< 2% of TPC - 0 marks
2% of TPC - 1.5 marks
Add for additional turnover 0.25 (Zero point two five) marks for
every 1% of TPC above 2% of TPC subject to maximum 0.5 marks.
2 Numbers of key personnel (as defined in RFP) with the firm in 2
highway sector with more than one year with the firm.
≤ 20 personnel - 0 marks
21 to 30 - Linearly varying from 0.2 to 2
> 30 personnel - 2 marks
3 Experience as Independent Engineer/Construction Supervision in 12
Number of Highway Projects of 2/4/6-laning** of length (40% of
project length)or more in last 7 years.
1 project - 9 marks
Add 1(one) mark extra for completed assignment of Independent
Engineer and add 0.5 (Zero point five) marks extra for completed
assignment of supervision consultancy subject to maximum 3
(three) marks.
4 Experience in DPR/Feasibility Study cum Preliminary Design 6
Report preparation for Number of Highway Projects of 2/4/6-
laning** of length (40% of project length) or more in last 7 years.
1 project - 4 marks
Add 0.5 (Zero point five) marks extra for each additional project
subject to maximum 2 marks.
5 Experience in Construction Supervision/DPR/Design Review of 3

Major structures having length of more than 500 metre in last 7
years.
1 project - 2.0 marks
Add 0. 5 (Zero point five) marks extra for each additional project
subject to maximum 1.0 marks.
6 Additional requirement in case of specialized projects*** ***
21
Note 1: In case of JV the turnover and experience details of Lead and JV partners to be added.
Note 2: Employer’s certificate/ certificate from Statutory Auditor should be submitted substantiating
the experience/turnover claimed by the firm.
Note 3: Experience of 2-lane will not be considered for 4/6 lane project
structures etc. in substantial quantum, this requirement/Marks may be included by suitably
22
2. Criteria for Adequacy of the Proposed Work Plan and Methodology
Criteria for Adequacy of The Proposed Work Plan and Methodology
(Refer Para 5.3 (ii) of Section 2, Data Sheet of RFP)
Description Maximum Reference/Details of Marks self assessed by the
Marks projects Claimed for self bidder
assessment
Understanding the 1
objective, scope of
assignment and
Comments/suggestions on
TOR
(i) Average 0.50
(ii) Good 0.75
(iii) Very Good 1.00
Quality of Approach and 3
Methodology (Review of
scope of work and design
review, construction
supervision methodology,
contract management
approach, quality control
and quality assurance,
safety review/audit and
O&M stage to be judged).€
(i) Average 1.00
(ii) Good 2.00
Work Programme and Manning 1
Schedule
(i) Average 0.50
(ii) Good 0.75
Total Marks 5
23
3. Evaluation Criteria for assessment of score of Key Staff for adequacy of the Assignment.
(Refer Para 5.3(iii) of Section 2, Data Sheet of RFP)
3.1 Team Leader cum Senior Highway Engineer
S. Description Max. Reference/D Marks

No. Points etails of self
projects assessed
Claimed for by the
self bidder
assessment
1 General Qualification 25
I) Graduate in Civil Engineering 21 25
II) Post Graduation in

Transportation/Highway 03
Engineering/Structural Engineering or
equivalent
III) Degree/Diploma/Certificate in Project 01

Management
2 Adequacy for the Project 70
a) Professional Experience in Highway Projects:
i) Total Professional Experience in handling Highway 10

projects
< 15 years -0
15 years -7
Add 1 marks extra for each additional year of
experience subject to maximum 3 (three) marks.
ii) Experience as Team Leader or similar capacity in 15

Highway Development Projects(similar configuration
(2/4/6 laning**) and above)
< 5 years -0
5 years -11
Add 1 marks extra for each additional year of
experience subject to maximum 4 (four) marks.
iii) Experience as Team Leader or similar capacity in 5
Highway Development projects (of length 40% of
project length or more of similar configuration
(2/4/6 laning**) and above) on PPP
1 projects -3 marks
add 1 mark extra for additional projects subject to
maximum 2 (two) marks
b) Experience as Team Leader or similar capacity of 15
project Preparation including design of major
highway Project (of length 40% of project length or
more of similar configuration (2/4/6 laning**) and
above).
< 2 projects -0
2 Projects -11
Add 1 mark for each additional project subject to
24
maximum 4 marks.
c) Experience in position of Team Leader/Project 20
Manager or similar capacity in Construction
Supervision/IC involving length 40% of project
length or more of similar configuration (2/4/6**
laning) and above
< 2 projects - 0
2 Projects - 15
Add 1 mark extra for each additional project subject to
maximum 5 (five) marks
d) Experience as Team Leader or similar capacity in 5
Operation and Maintenance of Major Highway (of
length 40% of project length or more of similar
configuration (2/4/6 laning**) and above).
1 project - 3 marks
Add 1 mark extra for each additional project subject to
maximum 2 (two) marks
3 Employment with the Firm 5
< 1 year -0
1 year -3
Add 0.5 marks for each subsequent year subject to
maximum 2 marks
Total : 100
Note: (1) Similar Capacity includes the following positions
i) On behalf of Consultant: Team Leader/Resident Engineer (Construction

Supervision/IE/DPR).
ii) On behalf of Contractor: Project Manager (Construction/Construction Supervision)
iii) In Government Organizations: Superintending Engineer (or equivalent) and above
(2) Only those projects will be considered for evaluation at S. No. 2(b), 2(c) and 2(d) above, where
the input of the personnel is not < 12 months.
25
3.2. Senior Bridge Design Engineer

Points Details of self
projects assessed
Claimed by the
for self bidder
assessment
II) Post Graduation in Structural Engineering 04

a) Professional Experience in Bridge Projects:
i) Total Professional Experience in in handling 20
Highway/Bridge projects
< 12 years - 0
12 yrs - 15
Add 1 mark extra for each additional year subject to
maximum 5 (five) marks.
ii) Experience in similar capacity in 20
Design/Construction/Construction supervision of major
highway Bridges/ROB/Flyover/Interchanges/ any other
structures(similar configuration (2/4/6 laning**) and
above).
< 10 years - 0
10 years - 15
Add 1 mark extra for each additional year of experience
subject to maximum 5(five) marks.
iii) Experience in similar capacity in Design of major 20
highway bridges/ROB/Flyover/ Interchanges/ any other
structures
< 4 bridges - 0
4 bridges - 16
Add 1 mark extra for each additional bridge design subject
to maximum 4 (four) marks.
b) Experience in similar capacity in Design of major highway 5
bridges/ROB/Flyover/ Interchanges/ any other structures of
length 200m or more. (Excluding approaches).
< 1 bridges - 0
1 bridges -3
Add 1 mark extra for each additional bridge design
subject to maximum 2 (two) marks.
c) Experience in similar capacity in innovative 5

bridges/structures (Pre-cast Segmental, Cantilever
Construction, Cable Stayed Bridge, Suspension bridges
etc.) bridge design with use of computer aided software
2.5 mark for each bridge design subject to maximum 5
(five) marks.

< 1 year -0
1 year -3
26
maximum 2 marks
Total : 100

i) On behalf of Consultant: Sr. Bridge Design Engineer/Sr. Bridge Engineer (Design only)
ii) In Government Organizations: Executive Engineer (or equivalent) and above
(2) Only those projects (in numbers) will be considered for evaluation above, where the input of
the personnel is not < 6 months
27
3.3. Traffic and Transportation Expert
S. Description Max. Reference/ Marks

No. Points Details of self
projects assessed
Claimed by the
for self bidder
assessment
II) Post Graduation in Traffic Engineering/Transportation 04

Engg or planning
Professional Experience
i) Total Professional Experience in handling Highway projects 20
< 12 years -0
12 years -15
Add one mark extra for each additional year of experience subject
to maximum 5 (five) marks.
ii) Experience in similar capacity as Traffic & Transportation 20
Expert/Traffic Engineer/ Transportation Expert on Major Highway
Project (of length 40% of project length or more of similar
configuration (2/4/6 laning**) and above))
< 5 years -0
5 years -15
Add one mark extra for each additional year of experience subject
iii) Experience in similar capacity as Traffic & Transportation 20
Expert/Traffic Engineer/ Transportation Expert on at least one
Major Highway Project (of length 40% of project length or
more of similar configuration (2/4/6 laning**) and above))
< 1 project -0
1 project -15
Add 2.5 mark extra for each additional project subject to
iv) Experience in similar capacity in Road Safety aspects during 10
various phases of Highway Project
Preconstruction Design & Development Stage -2

Construction stage -4
One Safety Audit -1
(each additional gets 0.5 marks subject to maximum 1) -1
Safety Study of sub-urban/Highway Project -1
(each additional gets 0.5 marks subject to maximum 1) -1

< 1 year -0
1 year -3
Add 0.5 marks for each subsequent year subject to maximum 2
marks
Total : 100
28
3.4. Resident cum Highway Engineer

No. Point Details of self
s projects assessed
Claimed by the
for self bidder
assessment
II) Post Graduation in Transportation/Highway 04

Engineering/Structural Engineering/Geotechnical
Engineering

i) Total Professional Experience in handling Highway projects 20
< 12 years -0
12 years -15
Add one marks extra for each additional completed year of
experience subject to maximum 5 (five) marks.
ii) Experience as Resident Engineer/Project Director/Project 20
Manager/Superintending Engineer or equivalent/Executive
Engineer or equivalent on construction works/Independent
Engineer Projects (similar configuration (2/4/6 laning*) and
above).
< 5 years -0
5 years -15
Add 1 marks extra for each additional year of experience subject
ii) Experience in similar capacity in handling major 2/4/6-laning** 25
projects (of length 40% of project length or more of
similar configuration (2/4/6 laning**) and above)
< 2 nos -0
2 nos -19
Add two mark extra for each additional project subject to
maximum 6 (Six) marks.
iii) Experience in similar capacity of Highway Project of 5
Construction/Construction Supervision/IC on PPP Mode (of
configuration (2/4/6 laning**) and above)
2.5 marks for each project subject to maximum 5 (five) marks

< 1 year -0
1 year -3
marks
Total : 100
Note: (1) Only those projects (in numbers) will be considered for evaluation above, where the input of
29
.
3.5. Bridge/Structural Engineer

projects assessed
Claimed for by the
self bidder
assessment
II) Post Graduation in Structural Engineering 04
i) Total Professional Experience in handling 15

Highway/Bridge projects
< 12 years -0
12 years -11
Add one mark extra for each additional 2 year subject to
maximum 4(four) marks.
ii) Experience in similar capacity in 20
Design/Construction/Construction Supervision of
Bridges/ROB/Flyover/Interchanges/any other such
structures (similar configuration (2/4/6 laning**) and
above)
< 5 years -0
5 years -15
Add 1 (one) mark extra for each additional completed
year of experience subject to maximum 5 (five) marks.
iii) Experience in similar capacity in supervision of Major 20

Highway Bridges/ROB/Flyover/ Interchanges/ any other
structures
< 2 Bridges -0
02 Bridge -15
Add 1 (one) mark extra for each additional bridge subject
to maximum 5 (five) mark
iv) Experience in similar capacity in supervision of 10
Rehabilitation and repair of Major Bridges/ROB/Flyover/
Interchanges/ any other structures
<2 -0
2 nos -07
3 or more -10
v) Experience in similar capacity of modern bridge 5
construction technology viz., Precast Segmental,
Balanced Cantilever Construction, Extradosed Bridge,
Full Span Launching, Incremental Launching.
Experience in 1 project -3
More than one project - 5 marks
< 1 year -0
1 year -3
30
maximum 2 marks
Total : 100
i) On behalf of Consultant/Contractor: Bridge Engineer/Project Manager (Bridges)

ii) On behalf of Government: Executive Engineer
31
3.6 Senior Pavement Specialist

projects assessed
Claimed by the
for self bidder
assessment
II) Post Graduation in Transportation/Highway 04

Engineering/Pavement engineering or equivalent
i) Total Professional Experience of Pavement 20
Design/Construction and Maintenance of Highways/Roads/Air
Field Runway
< 12 years -0
12 years -15
Add one mark extra for each additional year of experience
subject to maximum 5 (five) marks.
ii) Experience in Similar capacity in Construction/Construction 20
Supervision of 2/4/6-laning** of major Highway Projects
(similar configuration (2/4/6 laning**) and above)
< 5 years -0
5 years -15
iii) Experience in similar capacity as Pavement/Geo-technical 20
Engineer in construction/ construction supervision of Major
Highway projects (of length 40% of project length or more
of similar configuration (2/4/6 laning**) and above)
< 2 nos -0
2 nos -15
Add 1.0 (one) marks extra for each additional project subject to
iv) Experience in similar capacity on major Highway projects (of 5
configuration (2/4/6 laning**) and above) in innovative/non
traditional technology and design
1 Project -4
2 or more -5
v) Experience in similar capacity on PPP Projects (of length 40% 5
of project length or more of similar configuration (2/4/6
laning**) and above)
1.0 marks for each project subject to maximum 5 (five) marks

< 1 year -0
1 year -3
marks
32
Total : 100
i) On behalf of Consultant/Contractor: Senior Pavement Specialist/Senior Pavement Engineer/

Senior Pavement Expert
(2) Only those projects (in numbers) will be considered for evaluation above, where the input of the
personnel is not < 6 months
.
33
3.7 Senior Quality/Material Expert

projects assessed
Claimed by the
for self bidder
assessment
II) Post Graduation in Geotechnical 04

Engineering/Foundation Engineering/Soil Mechanics/Rock
Mechanics

i) Total Professional Experience in handling Highway/Bridge 15

projects
< 12 years -0
12 years -11
subject to maximum 4 (four) marks.
ii) Experience in similar capacity in Construction/Construction 25
Supervision of major Highway Projects ((similar configuration
(2/4/6 laning**) and above))
< 5 years -0
5 years -19
Add 2.0 (two) marks extra for each additional year of experience
subject to maximum 6 (Six) marks.
iii) Experience in similar capacity in handling Similar Highway 25
projects (of length 40% of project length or more of similar
< 2 nos -0
2 nos -19
Add 2.0 marks extra for each additional project subject to
maximum 6 (six) marks.
iv) Experience in similar capacity on major Highway projects (of 5
configuration (2/4/6 laning**) and above) in innovative/non
traditional technology
1 Project -4
2 or more -5
< 1 year -0
1 year -3
marks
Total : 100
Note: Note: (1) Similar Capacity includes the following positions
34
i) On behalf of Consultant/Contractor: Senior Quality Expert/Senior Material Engineer/Senior
Material Expert/Senior Quality Engineer

.
35
3.8 Highway Design Engineer

projects assessed
Claimed by the
for self bidder
assessment
II) Post Graduation Transportation/Highway 04

Engineering/Pavement engineering or equivalent


projects
< 12 years -0
12 years -15
ii) Experience in similar capacity in Highway 20
Designing/Construction work/Independent Engineer
works(similar configuration (2/4/6 laning**) and above)
< 5 years -0
5 years -15
subject to maximum 5 (five) marks. .
iii) Experience in similar capacity as Highway Design Engineer 20

in DPR/Supervision of major improvement projects(of
< 2 nos -0
2 nos -15
Add one mark extra for each additional one project subject to
iv) Experience in similar capacity on computer aided design 5
methods for civil/Highway Engineering with particular
reference to CAD application to geometric design for
Highway rehabilitation and/or upgrading projects
1 Project -3
2 or more -5
v) Experience in similar capacity in Highway 5
Designing/Construction work/Independent Engineer on
major Highway projects (of length 40% of project length
or more of similar configuration (2/4/6 laning**) and
above) on PPP mode
1 Project -3
2 or more -5
36
< 1 year -0
1 year -3
Add 0.5 marks for each subsequent year subject to maximum
2 marks
Total : 100
37
3.9 Road Safety Expert

projects assessed
Claimed by the
for self bidder
assessment
II) Post Graduation in Traffic/Transportation/Safety 04

Engineering or equivalent


projects
< 12 years -0
12 years -11
ii) Experience in similar capacity in Road Safety works on Major 15
Highway Project (similar configuration (2/4/6 laning**) and
above).
< 5 years -0
5 years -11
iii) Experience in similar capacity in Road Safety Audits of 2/4/6- 20
laning** Highway projects at different stages including at least
one at design stage
< 2 nos -0
2 nos -15
Add one (1) mark extra for each additional project subject to
maximum five (5) marks.
iv) Experience in similar capacity in identification and improvement 10
of black spots on Major Highway Project (similar configuration
(2/4/6 laning**) and above)
< 2 nos -0
2 nos -7
Add one (1) mark extra for each additional improvement of black
spots subject to maximum three (3) marks.
v) Experience in similar capacity of preparing Road Safety 5
Management Plans for Inter Urban Highway on PPP Mode
1 project -3marks
2 or more -5 marks
vi) Experience in similar capacity in field of Road Safety 5
Management Plan
1 project -3 marks
2 or more -5 marks
38
< 1 year -0
1 year -3
marks
Total : 100
39
3.10. Financial Expert

projects assessed
Claimed by the
for self bidder
assessment
MBA(Finance)/Chartered Accountant 25
i) Total Experience as a Financial Advisor particularly in the 40
field of project financing
< 8 years -0
8 years - 30
Add 2 (two) mark extra for each additional year of experience
subject to maximum 10 (ten) marks.
ii) Advisory experience in similar capacity in the field of 10
transportation project.
< 1 year -0
Add 1 (one) mark extra for each year of experience subject to
maximum 10 (ten) marks.
iii) Experience as a Financial Expert in financial modelling of 20
major Highway projects (of length 40% of project length or
more of similar configuration (2/4/6 laning**) and above) on
PPP mode
<2 no.=0 marks
2 nos.=15 marks
Add 2.5 (two point five) mark extra for each no of project
subject to maximum 5 (five) marks

< 1 year -0
1 year -3
marks
Total : 100
40
3.11 Legal Expert

projects assessed
Claimed by the
for self bidder
assessment
Law Graduate with Registered Lawyer in Bar Council 25

i) Total Experience in contracts and financial documentation related to 40

project financing.
< 8 years -0
8 years - 30
Add 2 (two) mark extra for each additional year of experience
subject to maximum 10 (ten) marks.
ii) Experience in similar capacity in financial documentation related to 20
project financing.
< 4 years -0
4 years - 15
Add 1 (one) mark extra for each additional year of experience
iii) Advisory experience in similar capacity in 10
Highway/transportation sector.
< 1 year -0
Add 1 (one) mark extra for each year of experience subject to
maximum 10 (ten) marks.
< 1 year -0
1 year -3
marks
Total : 100
41
SECTION 3. FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS

The proposal should contain the following information in enclosed format attached at
Appendix A.
· Year of Establishment of Firm
· Average annual turnover (last five years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the last
five years (FY2011-12, FY 2012-13, FY 2013-14, FY 2014-15 and FY 2015-16). For claiming
experience of Highway projects completion certificate from employer should be enclosed. The
proposal should also contain the details of the key personnel viz. their name, qualification,
expertise area, experience and years of association with the firm.
Appendix A
The following information related to the firm should be provided in the proposal.
i. Name of the package applied for:-

ii. Year of establishment of firm *
Consultant Year of Country Type of Organization

Establishment
Individual Partnership Corporation Other
Individual /
Lead Partner
(of JV)
NOTE:- Year of Establishment of Lead Partner of JV shall be considered.
*Copy of Certificate of incorporation shall be submitted.
iii. Office/Business Address/Telephone nos./Cable Address.

iv. Narrative description of firm (Not more than 2 sheets)
v. Name of two(2) principals who may be contacted with title and telephone
number/fax number/e-mail.
vi. Financial Statement of the last five years. **
S. Particular 2015-16 2014-15 2013-14 2012-13 2011-12

No.
i. Annual turnover from Consulting

ii. business
Total Assets
iii. Current Assets
c) Balance Sheet/ Auditor Certificate of last 5 years (2011-12,2012-13,2013-14,2014-15,2015-

16) shall be submitted as evidence of Annual Turnover.
**a) The amount shall be stated in INR. (Consider 1US Dollar = Rs. 66.96 and 1 Euro = Rs.-74.82)
b) The currency conversion rate for the respective years shall be mentioned for other
international currencies.
vii. Experience as Independent Consultant/Construction supervision of Highway

projects, separately for PPP and non-PPP Projects during the last 7 years. ***
42
S No P r oj ec ts T y pe De sc ri p - Cl i ent T ot al F ee % age App rox .
Na me / Year S e rv i c es ti o n of (wi th F ee f or received by of c os t of Period
Re nd er ed Hi g hw a y comp l ete the Applicant t ot al Hi g h w ay
S ol e P r oj ec t/ ad dr es s, C ons ul t (i n case fee P r oj ec t
cons ul ta nt cont a ct an cy of rec ei v
Lengt h pe rs on, Assi g n J V/ Ass oci ed b y
/ ( k ms ) tel ep h on e me nt ati on) the
pri m e N os.a nd (INR) fi rm
consult ant F ax N o s. )
of JV/
JV / o r
s ub
cons ul ta nt /a
1 2 3 4 5 6 7 8 9 10
A. Co mp l eted / Su b sta nt i a l l y comp l et e d pr o j ects :
1.
2.
3.
B. P roj e cts i n pr og r es s:
1.
2.
3.
viii. Experience in DPR preparation of 4/6 laning Highway Projects separately for
the PPP and non-PPP projects during the last 7 years. ***
S No P r o j ec ts Name / T y p e of Le ng t h Cl i e nt T ot al F ee i n % ag e of P eri od
Ye a r S e rv i c es of (wit h F ee f or I NR t ot al fee
Re nd e r ed P r ojec t co m p lete th e (A pp l i ca re c ei v ed
S o l e c ons ul ta n t / ( k ms ) C ons ul t a nt’s sha r by t he
ad d r es s, n cy e in fi rm
pri me c o n s ul t a n t
of J V / mi no r co n t act Assi g n m
cons ul ta nt of JV/ person, e nt
or s u b c o n s ul tan t telephone (INR)
/ as Ass oci at e No s . a nd
cons ul ta nt Fax N o s.)
(R oa d/ Hi g h w a y
p roj e ct s wi t h or
w i t hou t br i d g e s )
1 2 3 4 5 6 7 8 9
***a) 2/4/6 lane as applicable for the project for which RFP is invited. For 2-lane
projects experience of 4/6 lane also to be considered with a multiplication factor
of 1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning
projects. Experience of 2 lane will not be considered for 4/6 laning projects.
b) Only those projects, to be included in the table which are Highways Projects and
for which clients certificates from the concerned Government agencies are
enclosed with the proposal.
c) The details of bridges having length more than 200m (500m in case the project
consist of bridges of length more than 500m) in the listed projects is to be
specifically mentioned.
d) The weightage given for experience of a firm would depend on the role of the firm in
the respective assignments. The firm’s experience would get full credit if it was the sole
firm in the respective assignment. Experience weightage for firms as Lead partner/JV
partner /Associate shall be considered in the same proportion as payment has been
43
received by the firm towards consultancy work in the project.
e) For weightage of experience in any past Consultancy assignment experience certificate

from the client shall be accepted. In the absence of experience certificate from the client,
proportion of payment received towards Consultancy work duly certified by statutory
body like Chartered Accountant or Independent Auditors who are competent to do so as
recognised by the State concerned shall be accepted. Annual turnover duly certified by
Chartered Accountant shall be accepted. In case of non-availability of such documents
no weightage of turnover/experience will be considered.
(ix) Assignments on hand including those for which the Letter of Acceptance from the clients
received as on 7 days prior to due date for submission of proposals: The details shall be given in the
following format.
S. Name of Client Role of the Date of Date of Present Team Members provided
No Assignment firm letter of Agreement status of by the firm
Sole, Lead/ Acceptance if signed Assignment
Other in JV or
sub-
consultant Name DOB Position
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(x) Number of Key Personnel (as defined in RFP) employed with the firm in highway sector with more
than one year from bid submission date:
Key Personnel Number of key personnel employed
Sole Applicant JV (1) JV (1)
(Lead Member
in case of JV)
Team Leader cum Senior Highway
Engineer
Senior Bridge Design Engineer
Resident cum Highway Engineer
Highway Design Engineer
Bridge/Structural Engineer
Senior Pavement Specialist
Senior Quality cum Material Expert
Traffic & Transportation Expert
Road Safety Expert
Financial Expert
Legal Expert
44
SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL

Appendix B-1 Technical proposal submission form.
Firm’s comments and suggestions on the Terms of Reference
Appendix B-2
and on data, services, and facilities to be provided by the NHAI.
Approach paper on methodology and work plan for performing
Appendix B-3
the assignment.
Appendix B-4 Composition of the Team and Task(s) of each Team member
Appendix B-5 Curriculum vitae of proposed Professional staff.
Appendix B-6 Time schedule for deployment of Professional staff
Appendix B-7 Activity (works) schedule.
Appendix B-8 Affidavit – Correctness of and Experience claimed by the Firms
Appendix B-9 Integrity Pact
APPENDIX B-1
Technical proposal submission form.
FROM (Name of Firm) To: (Name and Address of Client)
Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for engagement as IE for the DBOT
work .
We, the undersigned, offer to provide the consulting services for the above in accordance
with your Request for Proposal dated (Date), and our Proposal. We are hereby submitting
our Proposal, which includes this Technical Proposal and a Financial Proposal sealed under a
separate envelope for the above mentioned work.
My/Our registration No. on Infracon is ……. and my/our Infracon Team ID is …………….
If negotiations are held during the period of validity of the Proposal i.e. before (Date) we
undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and
subject to the modifications resulting from contract negotiations.
We understand you are not bound to accept any Proposal you receive
We remain,
45
Yours sincerely,
Managing Director/Head of the

firm/Authorised
Representative of
the firm + *
Name of the firm
Address
*Lead Member in case of JV
46
APPENDIX B-2 : COMMENT AND SUGGESTIONS OF CONSULTANTS ON

THE TERMS OF REFERENCE AND ON SERVICES AND FACILITIES TO
BE PROVIDED BY THE NHAI
On the Terms of Reference (not more than one page):
1.
2.
3.
4.
….
On the services and facilities to be provided by the NHAI (not more than one page)
1.
2.
3.
4.
….
47
APPENDIX B-3 : APPROACH PAPER ON METHODOLOGY AND WORK

PLAN FOR PERFORMING THE ASSIGNMENT
(not more than six pages)
48
APPENDIX B-4 : COMPOSITION OF THE TEAM PERSONNEL, AND

TASK(S) OF EACH TEAM MEMBER
1. Technical/Managerial Staff
Sl. No. Name Position Task

1
..
..
2. Support Staff
Sl. No. Name Position Task

1
..
..
49
APPENDIX B-5 : FORMAT OF CURRICULUM VITAE (CV) FOR

PROPOSED PROFESSIONAL STAFF
Proposed Position : ……………………………………………… Photograph
Name of Firm :........................................................................................
Name of Staff :........................................................................................
Profession :..............................................................................................
Date of Birth :
Years with Firm/Entity : ........................................... Nationality : ..............................
Membership of Professional Societies :.........................................................................
Detailed Task Assigned : ..............................................................................................
Please attach printout of CV alongwith all the relevant details uploaded on infracon portal.
Certification by the Candidate

I, the undersigned, (Name and Address) undertake that this CV correctly describes myself,
my qualifications and my experience and NHAI would be at liberty to debar me if any
information given in the CV, in particular the Summary of Qualification & Experience vis-à-
vis the requirements as per TOR is found incorrect. I further undertake that I have ne ither
been debarred b y NHAI nor left any assignment with the consultants engaged by
NHAI / contracting firm (firm to be supervised now) for any continuing work of
NHAI without completing my assignment. I will be available for the entire duration of the
current project (named…..). If I leave this assignment in the middle of the work, NHAI
would be at liberty to debar me from taking any assignment in any of the NHAI
works for an appropriate period of time to be decided by NHAI. I have no objection if my
services are extended by NHAI for this work in future.
I further undertake that if due to my inability to work on this project due to unavoidable
circumstances, due to which consultant’s firm is forced to seek replacement. In such
unavoidable circumstances, I shall not undertake any employment in NHAI projects during
the period of assignment of this project and NHAI shall consider my CV invalid till such
time.
For Key Personnel having intermittent inputs, add the following:

I further certify that I am associated with the following assignments as on date (as on 7 days
prior to due date for submission of proposal) including those for which LOA has been received
by the firm and the inputs in these assignments shall not effect the work of the current
assignment.
Name of Client Date of Likely start Likely end Total input of

Assignment LOA (Month / (Month / the person
Year) Year) (man-months)
Note : CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand as on 7 days before due date of proposal including those for which LOA
has been received from the Client or for which Consultant has been declared as H1 do not
exceed
50
3 (three) for Senior Bridge Design Engineer, Senior Pavement Specialist and Highway
Design Engineer.
6 (six) for Traffic and Transportation Expert, Road Safety Expert, Financial Expert,
Legal Expert and HTMS/Toll Expert.
………………………………………………………….. Date
(Signature of Key Personnel)
(Day/Month/Year)
The Consultant should carryout self-evaluation based on the evaluation criteria at

Appendix-EC and furnish the same here. While submitting the self-evaluation along
with bid, Consultant shall make references to the documents which have been relied
upon in his self-evaluation.
Certification by the firm
The undersigned on behalf of ----------( name of consulting firm) certify that Shri-------- (name
of proposed personnel) to the best of our knowledge has neither been debarred by NHAI
nor left his assignment with any other consulting firm engaged by NHAI / Contracting firm
(firm to be supervised now) for the ongoing projects. We understand that if the
information about leaving the past assignment is known to NHAI, NHAI would be at
liberty to remove the personnel from the present assignment and debar him for an appropriate
period to be decided by NHAI.
………………………………………………………….. Date : ………………

(Day/Month/Year)
[Signature of authorised representative of the Firm]
51
APPENDIX B-6: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
Sl. Name Position Monthwise Program (in form of Bar Chart)
No. [1st, 2nd , etc. are months from the start of assignment]
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th and Number of
subsequ Months
ent
years
1 Subtotal (1)
2 Subtotal (2)
3 Subtotal (3)
4 Subtotal (4)
- -
- -
52
APPENDIX B-7 : ACTIVITY (WORKS) SCHEDULE
A. Activity Schedule
Monthwise Program (in form of Bar Chart)
[1 , 2nd, etc. are months from the start of
st
assignment]
Sl. No. Item of Activity (Works) 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
1 ................................................
2 ................................................
3 ................................................
4 ................................................
- ................................................
- ................................................
B. Completion and Submission of Reports

S.No Reports : Programme : (Date)
1 Monthly reports
(Design and Construction)
2 Quarterly Reports
3 Various others reports as provided in the Concession Agreement such as

Completion Report
53
APPENDIX B-8: AFFIDAVIT FOR CORRECTNESS OF EXPERIENCE CLAIMED BY THE

FIRMS
(To be submitted on non-judicial Stamp Paper)
I, the undersigned, on behalf of _______________________ (name of the Consultant

submitting the proposal), do hereby certify that the details furnished in this proposal including
experience claimed by the firm/firms are true and correct to the best of my knowledge and
belief.

Firm/Authorised Representative of
the firm*
Address
54
APPENDIX B-9:
INTEGRITY PACT
(To be executed on plain paper and submitted along with Technical Bid/Tender documents for tenders
having a value between Rs.5 Cr and 100 Cr. To be signed by the bidder and same signatory competent/
authorized to sign the relevant contract on behalf of the NHAI)
Tender No._________
This integrity Pact is made at _____ on this _________day of ________2016.
Between
National Highways Authority of India (NHAI), a statutory body constituted under the National
Highways Authority of India Act, 1988, which has been entrusted with the responsibility of
development, maintenance and management of National Highways, having its office at G-5 & G-6,
Sector-10, Dwarka, New Delhi, hereinafter referred to as “The Principal”, which expression shall
unless repugnant to the meaning or contract thereof include its successors and permitted assigns.
and
___________________________________ hereinafter referred to as “The Bidder/Contractor

/Concessionaire/Consultant” and which expression shall unless repugnant to be meaning or context
thereof include its successors and permitted assigns.
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures, contract/s for
“Independent Engineer Services for the project of ****** in the State of ****** under NHDP
Phase-**** on ****** mode ”. 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) 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 stipulated 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.
(c) The Principal will exclude all known prejudiced persons from the process, whose
conduct in the past has been of biased nature.
55
(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 contracts, submission or non-
submission 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.
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/ Contractor/ Concessionaire/ Consultant 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/ Contractor/
Concessionaire/ Consultant 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
56
each case particularly taking into account the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder/ Contractor/ Concessionaire/
Consultant and the amount of the damage. The exclusion will be imposed for a minimum of 1
year.
(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/ Contractor/ Concessionaire/ Consultant 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/ Contractor/ Concessionaire/ Consultant shall be final and
binding on the Bidder/ Contractor/ Concessionaire/ Consultant.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation of integrity pact,
the Bidder/ Contractor/ Concessionaire/ Consultant shall not be entitled for any compensation on
this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder/ Contractor/
Concessionaire/ Consultant could be revoked by the Principal if the Bidder/ Contractor/
Concessionaire/ Consultant can prove that he has restored/ recouped the damage caused by him
and has installed a suitable corruption prevention system in his organization.
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 Transgression
(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.
57
Article-6 Equal treatments 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 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 this 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 Chairman of NHAI.
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 a partnership or a consortium, 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 provisions of the extant law in force relating to any civil or
criminal proceedings.
58
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 )
Place________
Date_________
Witness 1 :
(Name & Address): ____________________
Witness 2 :
(Name & Address):______________________
59
SECTION 5: FORMAT FOR SUBMISSION OF FINANCIAL

PROPOSAL.
Appendix C-1 Financial proposal submission form
Appendix C-2 Summary of costs
Appendix C-3 Breakdown of local currency costs
Appendix C-4 Breakdown of foreign consultants cost.
60
APPENDIX C-1 : FINANCIAL PROPOSAL SUBMISSION FORM
FROM : (Name of Firm) TO :

G-5&6, Sector-10, Dwarka
New Delhi (India) – 110 075
Subject :
We, the undersigned, offer to provide the consulting services for the above in
accordance with your Request for Proposal dated [Date], and our proposal. Our
attached financial proposal is for the sum of [Amount in words and figures]. This
amount is exclusive of the local taxes which we have estimated at (Amount in Words
and Figures).
Our financial proposal shall be binding upon us subject to the modifications resulting
from contract negotiations, up to the expiration of the validity period of the proposal,
i.e., [Date].
We undertake that, in competing for (and, if the award is made to us, in executing)
the above contract, we will strictly observe the laws against fraud and corruption in
force in India namely “Prevention of Corruption Act 1988”.
Commission and gratuities, if any, paid or to be paid by us to agents relating to this

proposal and contract execution, if we are awarded the contract, are listed below:
Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity
............................... ........................... ……..…………………
............................... ........................... ……………………….
We understand you are not bound to accept any proposal you receive.
We remain,
Yours sincerely,

firm/Authorised Representative of
the firm*
Name of the firm
Address
61
APPENDIX C-2 : SUMMARY OF COSTS

Amount
No. Description
(Rs.)
Local Consultants
I Remuneration for Local Professional Staff
II Supporting Staff
III Transportation
IV Duty Travel to Site
V Office Rent
VI Office Supplies, Utilities and Communication
VII Office Furniture and Equipment
VIII Reports and Document Printing
IX Survey Equipment with Survey Party and Vehicle
X Contingencies
Subtotal Local Consultant
Consultancy Services Tax Payable in India

Total Costs (Including Tax)
Note: Payments will be made as per stipulations of the Conditions of Contract..
62
APPENDIX C-3 : BREAKDOWN OF LOCAL CURRENCY COSTS
APPENDIX C-3 : BREAKDOWN OF LOCAL CURRENCY COSTS
I. REMUNERATION FOR LOCAL PROFESSIONAL STAFF
No. Position Name Year 1-4

Rate No. of man- Amount
months*
Key Personnel (Professional Staff)
Team Leader cum Senior Highway 30

1.
Engineer
Senior Bridge Design Engineer 16
2.
3. Resident cum Highway Engineer 60
4. Highway Design Engineer 32
5. Bridge/Structural Engineer 27
6. Senior Pavement Specialist 12
7. Senior Quality cum Material Expert 27
Traffic & Transportation Expert 6
8.
9. Road Safety Expert 6
10. Financial Expert 4
11. Legal Expert 5
Sub – Total 225
Sub-professional
1. Survey Engineer TBN 76

2. Assistant Highway Engineer TBN 102
3. CAD Expert TBN 16
4. Environmental Engineer TBN 8
5. Assistant Bridge Engineer TBN 102
6. Assistant Quality cum Material Engineer TBN 102
7. Electrical Engineer TBN 14
8. HTMS/Toll Expert TBN 10
9. Quantity Surveyor TBN 18
10. Horticulture cum Landscaping Expert TBN 14
Sub Total 462
Total
TBN = To Be Named*The man-month against each key personnel/sub – professional shall

be same as specified in Enclosure A of TOR.
63
II. Support Staff
No. Position Name Staff Months Billing Amount ( )

Rate ( )
1. Office Manager (2 nos) TBN 2x30=60

2. Accountant (2 nos) TBN 2x30=60
3. Cashier (2 nos) TBN 2x30=60
4. Photocopy Machine TBN 2x30=60
Operator (2 nos)
5. Steno (2 nos) TBN 2x30=60
6. Computer Operator TBN 2x30=60
(2 nos)
7. Guard (4 nos) TBN 4X30=120
8. Office Boy (2 nos) TBN 2x30=60
Total :
Note :Billing rates as indicated above shall be increased in accordance of clause 6.2(a)
Special Conditions of Contract for the personnel of all categories namely (i) key
Personnel; (ii) sub-Professional personnel and (iii) Support staff. The increase as above
shall be payable only on the remuneration part of Key Personnel, Sub-Professional
Personnel and support staff. However, for evaluation of Bid proposals, the quoted initial
rate shall be multiplied by the total time input for each position on this contract, i.e.
without considering the increase in the billing rates
III. Transportation (Fixed rate on rental basis)
The vehicles provided by the Consultants shall include the cost for rental, drivers,
operation, maintenance, repairs, insurance, etc. for all complete approx. 3000km/month
run
S.No Description of Qty. Total Rate/ Amount

Vehicles (No. of vehicle-month) Vehicle-
During During Month
Construction Development and
Period O&M Period
1 Innova / 5X24 3X6 138
Scorpio or
equivalent
(not more
than 3 years
old)
2 Ambassador / 4X24 4X3 108
Indica or
equivalent
(not more than
3 years old)
Total
64
IV. Duty Travel to Site (Fixed Costs) (For all Lengths of projects) : Professional and Sub-
Professional Staff
Trips Number of Trips R Amount
Site to NHAI HQ for Key 20 round trips (by air - a
Professionals economy class)
Site to Regional Office for Key 20 round trips (by air –
Professionals economy class / train first
AC/Deluxe-AC Bus)
* Rate quoted includes Hotel charges, travel cost etc. complete.
V. Office Rent (Fixed Costs)–
Minimum 2 x 200 sqm area of office shall be rented.
The rent cost includes electricity and water charges, maintenance, Cleaning,
repairs, etc. complete.
Nos of Months Rate/month Amount

2x30
VI. Office Supplies, Utilities and Communication (Fixed Costs)
No Item Months Monthly Amount in

Rate Rs.
1. Office Supplies 2x30=60
2. Drafting Supplies 2x30=60
3. Computer Running Costs 2x30=60
4. Domestic and International 2x30=60

Communication
VII. Office Furniture and Equipment (Rental) (for Single or two projects clubbed
together)
The cost shall include rental charges towards all such furniture and equipment as required for proper
functioning of office. Office furniture shall include executive tables, chairs, visitor chairs, steel
almirahs, computer furniture, conference table etc. Office equipment shall include as a minimum of
telephone (2 external & 10 internal lines), photocopier (15ppm, 12000 copies per month with A3 &
A4 input) fax machine, PCs(5 No., Intel Core 2 Duo E8300, 19’’ colour TFT, Cache-6MB, RAM-2
GB, HDD-250 GB, DVD Writer, Key board, optical scroll mouse, MS-Windows Vista Business, pre
loaded anti virus etc.), laser printers (2 no., 14 ppm, 266 MHZ, 5000 pages per month, 600x600 dpi or
better etc., Engineering Plan printer (1 no.), binding machine (1 no.), plotter A0 size, overhead
projector, AC (4 no., 1.5 Ton), Water Coolers (as required)etc.
65
Nos of Months Rate/month Amount

Construction period + 6
months=24+6=30 months
VIII. Reports and Document Printing
No. Description No. of No. of Total Rate per Amount

Reports Copies per Nos. of Copy ( )
Report copies
1 Monthly reports 30 2 60
(Design and Construction)
2 Quarterly Reports 10 2 20
3 Various others reports as 30 2 60

provided in the Concession
Agreement such as
Completion Report
Total
All reports are also to be provided in soft copy

IX. Survey Equipment with Survey Party and Vehicle etc complete
Nos. of Months Rate

Description Amount
/month
Rental cost towards Survey Equipment 24

(GPS/Total station /Auto Level) with
semiskilled survey Party (8 persons)
and one dedicated vehicle for Survey
Party (inclusive of vehicle rental
driver’s salary, fuel operation and
maintenance etc complete) with rods,
flags and other sundries
X. Contingencies
A fixed amount of Indian Rupees ONE MILLION shall be included in the

Financial Proposal. The provisions of Contingency shall be operated with the
specific approval form the Competent Authority in NHAI.
66
APPENDIX C-4: Deleted
67
SECTION 6: TERMS OF REFERENCE FOR INDEPENDENT ENGINEER
1 Scope
1.1 These Terms of Reference for the Independent Engineer (the “TOR”) are being specified
pursuant to the Concession Agreement dated 02.06.2016 (the “Agreement”), which has been entered
into between the Authority and Sadhbav Rudrapur Highway Private Limited , (the “Concessionaire”)
for 4-Laning of Rampur- Kathgodam section of NH-87(New NH No. 9) from km 0.000 (km 190.000
of NH-24) to km 42.791(Design Chainage 43.446) [Package –I] in the State of Uttarpradesh under
NHDP-III on Hybrid Annuity mode and between the Authority and Sadbhav Nainital Highway
Private Limited (the “Concessionaire”) and for 4-Laning of Rampur- Kathgodam section of NH-87
(New NH No. 9, 109) from km 42.791 (design chainage 43.446) to km 88.000 (design chainage
93.226) [Package-II] in the State of Uttarakhnad under NHDP-III on Hybrid Annuity mode and a
copy of which is annexed hereto and marked as Annex-A to form part of this TOR.
1.2 This TOR shall apply to construction, operation and maintenance of the [Four-Lane] Project
Highway, and shall apply, mutatis mutandis, to [Six-Laning] thereof.
2 Definitions and interpretation
2.1 The words and expressions beginning with or in capital letters used in this TOR and not defined
herein but defined in the Agreement shall have, unless repugnant to the context, the meaning
respectively assigned to them in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the context
otherwise requires, be deemed to be references to the Articles, Clauses and Schedules of the
Agreement, and references to Paragraphs shall be deemed to be references to Paragraphs of this
TOR.
2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall apply, mutatis
mutandis, to this TOR.
3 Role and functions of the Independent Engineer
3.1 The role and functions of the Independent Engineer shall include the following:
(i) review of the Drawings and Documents as set forth in Paragraph 4;

(ii) review, inspection and monitoring of Construction Works as set forth in Paragraph 5;
(iii) conducting Tests on completion of construction and issuing Completion/ Provisional Certificate
as set forth in Paragraph 5;
(iv) review, inspection and monitoring of O&M as set forth in Paragraph 6;
(v) review, inspection and monitoring of Divestment Requirements as set
68
forth in Paragraph 7;
(vi) determining, as required under the Agreement, the costs of any works or services and/or their
reasonableness;
(vii) determining, as required under the Agreement, the period or any extension thereof, for
performing any duty or obligation;
(viii) assisting Authority in review and inspection of the books of accounts submitted by the
Concessionaire to the Authority and the records maintained by Concessionaire as set forth in
Paragraph 12
(ix) providing all requisite data on monthly basis within a period of 7 days from the close of month,
as required by Authority, for updating the project specific website substantially in the format
prescribed at Appendix – IV∗
∗A sample format is enclosed as Appendix-IV in Clause 23.2.4 and Schedule Q. The format may be
modified as per the requirements of the project.
(x) assisting the Parties in resolution of disputes as set forth in Paragraph 9; and
(xi) undertaking all other duties and functions in accordance with the Agreement.
3.2 The Independent Engineer shall discharge its duties in a fair, impartial and efficient manner,
consistent with the highest standards of professional integrity and Good Industry Practice.
4 Development Period
4.1 During the Development Period, the Independent Engineer shall undertake a detailed review of
the Drawings to be furnished by the Concessionaire along with supporting data, including the geo-
technical and hydrological investigations, characteristics of materials from borrow areas and quarry
sites, topographical surveys and traffic surveys. The Independent Engineer shall complete such
review and send its comments/observations to the Authority and the Concessionaire within 30 (thirty)
days of receipt of such Drawings. In particular, such comments shall specify the conformity or
otherwise of such Drawings with the Scope of the Project and Specifications and Standards.
4.2 The Independent Engineer shall review any modified Drawings or supporting Documents sent to
it by the Concessionaire and furnish its comments within 15 (fifteen) days of receiving such
Drawings or Documents.
4.3 The Independent Engineer shall review the Drawings sent to it by the Safety
69
Consultant in accordance with Schedule-L and furnish its comments thereon to the Authority and the
Concessionaire within 15 (fifteen) days of receiving such Drawings. The Independent Engineer shall
also review the Safety Report and furnish its comments thereon to the Authority within 30 (thirty)
days of receiving such report.
4.4 The Independent Engineer shall review the detailed design, construction methodology, quality
assurance procedures and the procurement, engineering and construction time schedule sent to it by
the Concessionaire and furnish its comments within 30 (thirty) days of receipt thereof.
4.5 Upon reference by the Authority, the Independent Engineer shall review and comment on the
EPC Contract or any other contract for construction, operation and maintenance of the Project
Highway, and furnish its comments within 15 (fifteen) days from receipt of such reference from the
Authority.
5 Construction Period
5.1 In respect of the Drawings, Documents and Safety Report received by the Independent Engineer
for its review and comments during the Construction Period, the provisions of Paragraph 4 shall
apply, mutatis mutandis.
5.2 The Independent Engineer shall review the monthly progress report furnished by the
Concessionaire and send its comments thereon to the Authority and the Concessionaire within 7
(seven) days of receipt of such report.
5.3 The Independent Engineer shall inspect the Construction Works and the Project Highway once
every month, preferably after receipt of the monthly progress report from the Concessionaire, but
before the 20th (twentieth) day of each month in any case, and make out a report of such inspection
(the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of
construction, including the work methodology adopted, the materials used and their sources, and
conformity of Construction Works with the Scope of the Project and the Specifications and
Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in
reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Project
Highway. The Inspection Report shall also contain a review of the maintenance of the existing lanes
in conformity with the provisions of the Agreement. The Independent Engineer shall send a copy of
its Inspection Report to the Authority and the Concessionaire within 7 (seven) days of the inspection.
5.4 The Independent Engineer may inspect the Project Highway more than once in a month if any
lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Specifications and Standards, the
Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests
on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry
Practice for quality assurance. For purposes of this Paragraph 5.5, the tests specified in the IRC
Special Publication-11 (Handbook of Quality Control for Construction of
70
Roads and Runways) and the Specifications for Road and Bridge Works issued by MORTH (the
“Quality Control Manuals”) or any modification/substitution thereof shall be deemed to be tests
conforming to Good Industry Practice for quality assurance. The Independent Engineer shall issue
necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and
efficient manner, and shall monitor and review the results thereof.
5.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5,
shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for each category or
type of tests in the Quality Control Manuals; provided that the Independent Engineer may, for
reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for
certain categories or types of tests.
5.7 The timing of tests referred to in Paragraph 5.5, and the criteria for acceptance/ rejection of their
results shall be determined by the Independent Engineer in accordance with the Quality Control
Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and
independent of, the tests that may be carried out by the Concessionaire for its own quality assurance
in accordance with Good Industry Practice.
5.8 In the event that the Concessionaire carries out any remedial works for removal or rectification of
any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or
cause to be carried out, tests to determine that such remedial works have brought the Construction
Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5
shall apply to such tests.
5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the
Independent Engineer shall undertake a review of the progress of construction and identify potential
delays, if any. If the Independent Engineer shall determine that completion of the Project Highway is
not feasible within the time specified in the Agreement, it shall require the Concessionaire to indicate
within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within
which the Project Completion Date shall be achieved. Upon receipt of a report from the
Concessionaire, the Independent Engineer shall review the same and send its comments to the
Authority and the Concessionaire forthwith.
5.10 If at any time during the Construction Period, the Independent Engineer determines that the
Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone
of construction or that any work is being carried out in a manner that threatens the safety of the
workers and the Users, it shall make a recommendation to the Authority forthwith, identifying the
whole or part of the Construction Works that should be suspended for ensuring safety in respect
thereof.
5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of
suspended works and Users, it may, by notice in writing, require the Independent Engineer to inspect
such works, and within 3 (three)
71
days of receiving such notice, the Independent Engineer shall inspect the suspended works and make
a report to the Authority forthwith, recommending whether or not such suspension may be revoked
by the Authority.
5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the
Independent Engineer shall determine the extension of dates set forth in the Project Completion
Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Authority and the
Concessionaire of the same.
5.13 The Independent Engineer shall carry out, or cause to be carried out, all the Tests specified in
Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case may be. For
carrying out its functions under this Paragraph 5.13 and all matters incidental thereto, the
Independent Engineer shall act under and in accordance with the provisions of Article 14 and
Schedule-I.
5.14 Upon reference from the Authority, the Independent Engineer shall make a fair and reasonable
assessment of the costs of providing information, works and services as set forth in Article 16 and
certify the reasonableness of such costs for payment by the Authority to the Concessionaire.
5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance
Manual.
6 Operation Period
6.1 In respect of the Drawings, Documents and Safety Report received by the Independent Engineer
for its review and comments during the Operation Period, the provisions of Paragraph 4 shall apply,
mutatis mutandis.
6.2 The Independent Engineer shall review the annual Maintenance Programme furnished by the
Concessionaire and send its comments thereon to the Authority and the Concessionaire within 15
(fifteen) days of receipt of the Maintenance Programme.
6.3 The Independent Engineer shall review the monthly status report furnished by the Concessionaire
and send its comments thereon to the Authority and the Concessionaire within 7 (seven) days of
receipt of such report.
6.4 The Independent Engineer shall inspect the Project Highway once every month, preferably after
receipt of the monthly status report from the Concessionaire, but before the 20th (twentieth) day of
each month in any case, and make out an O&M Inspection Report setting forth an overview of the
status, quality and safety of O&M including its conformity with the Maintenance Requirements and
Safety Requirements. In a separate section of the O&M Inspection Report, the Independent Engineer
shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the
Project Highway. The Independent Engineer shall send a copy of its O&M Inspection Report to the
Authority and the Concessionaire within 7 (seven)
72
days of the inspection.
6.5 The Independent Engineer may inspect the Project Highway more than once in a month, if any
lapses, defects or deficiencies require such inspections.
6.6 The Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the
Concessionaire shall carry out, or cause to be carried out, for the purpose of determining that the
Project Highway is in conformity with the Maintenance Requirements. It shall monitor and review
the results of such tests and the remedial measures, if any, taken by the Concessionaire in this behalf.
6.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-K, the Independent
Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation
or deterioration with reference to the Specifications and Standards and shall also specify the time
limit for repair or rectification of any deviation or deterioration beyond the permissible limit.
6.8 The Independent Engineer shall determine if any delay has occurred in completion of repair or
remedial works in accordance with the Agreement, and shall also determine the Damages, if any,
payable by the Concessionaire to the Authority for such delay.
6.9 The Independent Engineer shall examine the request of the Concessionaire for closure of any
lane(s) of the carriageway for undertaking maintenance/repair thereof, keeping in view the need to
minimise disruption in traffic and the time required for completing such maintenance/repair in
accordance with Good Industry Practice. It shall grant permission with such modifications, as it may
deem necessary, within 3 (three) days of receiving a request from the Concessionaire. Upon expiry of
the permitted period of closure, the Independent Engineer shall monitor the re-opening of such
lane(s), and in case of delay, determine the Damages payable by the Concessionaire to the Authority
under Clause 17.7.
6.10 The Independent Engineer shall monitor and review the curing of defects and deficiencies by
the Concessionaire as set forth in Clause 19.4.
6.11 In the event that the Concessionaire notifies the Independent Engineer of any modifications that
it proposes to make to the Project Highway, the Independent Engineer shall review the same and
send its comments to the Authority and the Concessionaire within 15 (fifteen) days of receiving the
proposal.
6.12 The Independent Engineer shall undertake traffic sampling, as and when required by the
Authority, under and in accordance with Article 22 and Schedule-O.
7 Termination
7.1 At any time, not earlier than 90 (ninety) days prior to Termination but not later than 15 (fifteen)
days prior to such Termination, the Independent Engineer
73
shall, in the presence of a representative of the Concessionaire, inspect the Project Highway for
determining compliance by the Concessionaire with the Divestment Requirements set forth in Clause
38.1 and, if required, cause tests to be carried out at the Concessionaire’s cost for determining such
compliance. If the Independent Engineer determines that the status of the Project Highway is such
that its repair and rectification would require a larger amount than the sum set forth in Clause 39.2, it
shall recommend retention of the required amount in the Escrow Account and the period of retention
thereof.
7.2 The Independent Engineer shall inspect the Project Highway once in every 15(fifteen) days
during a period of 90 (ninety) days after Termination for determining the liability of the
Concessionaire under Article 39, in respect of the defects or deficiencies specified therein. If any
such defect or deficiency is found by the Independent Engineer, it shall make a report in reasonable
detail and send it forthwith to the Authority and the Concessionaire.
8 Determination of costs and time
8.1 The Independent Engineer shall determine the costs, and/or their reasonableness, that are required
to be determined by it under the Agreement.
8.2 The Independent Engineer shall determine the period, or any extension thereof, that is required to
be determined by it under the Agreement.
9 Assistance in Dispute resolution
9.1 When called upon by either Party in the event of any Dispute, the Independent Engineer shall
mediate and assist the Parties in arriving at an amicable settlement.
9.2 In the event of any disagreement between the Parties regarding the meaning, scope and nature of
Good Industry Practice, as set forth in any provision of the Agreement, the Independent Engineer
shall specify such meaning, scope and nature by issuing a reasoned written statement relying on good
industry practice and authentic literature.
10 Other duties and functions

The Independent Engineer shall perform all other duties and functions specified in the Agreement.
11 Miscellaneous
11.1 The Independent Engineer shall notify its programme of inspection to the Authority and to the
Concessionaire, who may, in their discretion, depute their respective representatives to be present
during the inspection.
11.2 A copy of all communications, comments, instructions, Drawings or Documents sent by the
Independent Engineer to the Concessionaire pursuant to this TOR, and a copy of all the test results
with comments of the Independent Engineer thereon shall be furnished by the Independent Engineer
74
to the Authority forthwith.
11.3 The Independent Engineer shall obtain, and the Concessionaire shall furnish in two copies
thereof, all communications and reports required to be submitted, under this Agreement, by the
Concessionaire to the Independent Engineer, whereupon the Independent Engineer shall send one of
the copies to the Authority along with its comments thereon.
11.4 The Independent Engineer shall retain at least one copy each of all Drawings and Documents
received by it, including ‘as-built’ Drawings, and keep them in its safe custody.
11.5 Upon completion of its assignment hereunder, the Independent Engineer shall duly classify and
list all Drawings, Documents, results of tests and other relevant records, and hand them over to the
Authority or such other person as the Authority may specify, and obtain written receipt thereof. Two
copies of the said documents shall also be furnished in micro film form or in such other medium as
may be acceptable to the Authority.
12. Assistance to Authority in review of book of accounts

11.1 12.1 Upon receipt of copy of books of accounts from Authority, the Independent Engineer
shall review the Escrow account statements with respect to the provisions of the Escrow
agreement, books of accounts for information pertaining (a) the traffic count (b) Fee
determination thereof, and (c) Project costs, and (d) such other information relating or
resulting from other duties and functions of Independent Engineer in accordance with the
Agreement, as the Authority may reasonably require and submit its report within 10 days.
13. PERFORMANCE CLAUSE

Independent Engineers shall be expected to fully comply with all the provisions of the
`Terms of Reference’, and shall be fully responsible for supervising the Designs,
Construction and maintenance and operation of the facility takes place in accordance
with the provisions of the Concession Agreement and other schedules. Any failure of
the Independent Consultant in notifying to NHAI and the Concessionaire on
non-compliance of the provisions of the Concession Agreement and other
schedules by the Concessionaire, non-adherence to the provision of ToR and non-
adherence to the time schedule prescribed under ToR shall amount to non-
performance.
The Independent Engineer shall appoint its authorized representative, who shall issue
on behalf of the IE, the Provisional Completion Certification and Completion
Certificate along with the Team Leader and shall carry out any such task as may be
decided by NHAI. The IE shall take prior approval of NHAI before issuing
Provisional Completion Certification and Completion Certificate. The proposal
submitted shall also include the name of the authorized representative along
with the authorization letter and power of attorney.
14. CONSULTANT’S PROPOSAL

14.1 List of key personnel to be fielded by the Consultants shall be as below:
i. Team Leader Cum Senior Highway Engineer

ii. Senior Bridge Design Engineer
iii. Resident cum Highway Engineer
iv. Highway Design Engineer
75
v. Bridge/Structural Engineer
vi. Senior Pavement Specialist
vii. Senior Quality cum Material Expert
viii. Traffic & Transportation Expert
ix. Road Safety Expert
x. Financial Expert
xi. Legal Expert
14.2 Broad job-description and minimum qualification for key personnel mentioned above is
enclosed as Enclosure–B. However, higher marks shall be accorded to the Candidate
with higher relevant qualification and experience. The Consultant should feel free to
submit their proposal on the basis of the man-months which they consider to be
necessary to undertake the assignment. All the CV’s of the personals mentioned in
Para 5.3 (iii) of Data Sheet shall be evaluated at the time of evaluation of technical
proposal. The age of the Key Personnel should not be more than 65 years on the
date of submission of proposal. Age Limit for the positions of Team Leader,
Resident Engineer, Senior Pavement Specialist and Senior Quality cum Material
Expert is relaxable by 5 years i.e. upto 70 years of age at the time of submission of
proposal and he can continue upto 73 years, subject to production of Medical
Fitness Certificate. Consultants are advised in their own interest to frame the
technical proposal in an objective manner as far as possible so that these could be
properly assessed in respect of points to be given as part of evaluation criteria. The
bio-data of the key personnel should be signed on every sheet by the personnel
concerned and the last sheet of each bio-data should also be signed by the authorised
signatory for the Consultant. The key personnel shall also certify at the end of their bio-
data proforma that they have not left any of the NHAI works without completing of
their assignment and have not accepted any other offer at the time of signing of the bio-
data and as such shall be available to work with the Independent Consultant, if
the Project is awarded. In case the key personnel leaves the assignment without
approval of NHAI, NHAI would be at liberty to take any appropriate action against
that key personnel including debarment.
14.3 In addition to above, consultants are required to propose other key personnel, sub-
professional staff and other field engineers as detailed in Enclosure-A and the
minimum qualification requirements for the same is enclosed in Enclosure–B.
15. PERIOD OF SERVICES
15.1 The services of an Independent Engineer will be in phases as per Contract /

Concession Agreement.
15.1.1The appointment of the Independent Engineer shall initially be as per details given
below.
Period of service Construction Development &

(in months) period O&M period (in
(in months) months)
30 24 6
The proposed manpower deployment for this period shall be matching the activities
to be performed during the said period. The time frame for services during the
deployment of key personnel during this period shall be as shown in Enclosure A.
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16. PERFORMANCE SECURITY
The successful consulting firm shall have to submit a Bank Guarantee (BG)
for an amount of 2.50% of the Contract Value within 15 days of issue of LOA.
The BG shall be valid for a period of 32 months i.e. upto 2 months beyond the
expiry of the Contract of 30 months. The BG shall be in the format specified in
Appendix J of draft contract form and furnished from a Nationalised Bank, IDBI
or ICICI/ICICI Bank/Foreign Bank/EXIM Bank / Any Scheduled Commercial Bank
approved by RBI having a networth of not less than 500 crore as per latest Annual
Report of the Bank. In the case of a Foreign Bank (issued by a Branch in India) the
networth in respect of Indian operations shall only be taken into account. In case of
Foreign Bank, the BG issued by Foreign Bank should be counter guaranteed by any
Nationalised Bank in India. In case of JV, the BG shall be furnished on behalf of the
JV and not individually by the members.
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Enclosure-A
MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF

INDEPENDENT ENGINEERS
S. No. Key Personnel Man-month in Man-month in

Construction period of 24 Development and 3
A: Key Personnel months months O&M period
1. Team Leader Cum Senior 24 06
Highway Engineer
2. Senior Bridge Design Engineer 12 4
3. Resident cum Highway 2x24 2x6
Engineer (2 nos)
4. Highway Design Engineer 2x12 2x4
(2 nos)
5. Bridge/Structural Engineer 24 3
6. Senior Pavement Specialist 9 3
7. Senior Quality cum Material 24 3
Expert
8. Traffic and Transportation Expert 4 2
9. Road Safety Expert 4 2
10. Financial Expert 3 1
11. Legal Expert 3 2
Sub Total 179 46
225
Total for Construction and O&M
B: Sub Professional Staff
(a) Survey Engineer (4 nos) 2x8+2x24=64 2x3+2x3=12
(b) Assistant Highway Engineer 4 x 24=96 2x3=6
(4 nos)
(c) CAD Expert (2 nos) 2x8=16 0
(d) Environmental Engineer 6 2
(e) Assistant Bridge Engineer 4 x 24=96 2x3=6
(4 nos)
(f) Assistant Quality cum Material 4 x 24=96 2x3=6
Engineer (4 nos)
(g) Electrical Engineer (2 nos) 2x6=12 2x1=2
(h) HTMS/Toll Expert (2 nos) 2x3=6 2x2=4
(i) Quantity Surveyor (2 nos) 2x6=12 2x3=6
(j) Horticulture cum Landscaping 2x6=12 2x1=2
Expert (2 nos)
Sub Total 416 46
Total for Construction and 462
O&M
Note:
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1. The qualification and experience of Sub Professional staff would not be accounted in the
evaluation. However, Consultant shall have to get their CVs approved from NHAI before
mobilization. The other inputs like support staff shall also be provided by the Consultant of an
acceptable type commensurating with the roles and responsibilities of each position2. The
inputs for senior bridge engineer, Highway Design Engineer, Road Safety Expert,
Traffic and Transport Engineer shall be taken upto 40% in the field and the balance
from the headquarters, since for their services, substantial support is needed from the
headquarter. Besides, for the positioning of legal, financial and contract specialists the
input shall be minimum 20% period in the field and balance 80% at Headquarters.
79
Enclosure B
QUALIFICATION OF KEY PERSONNEL
TEAM LEADER CUM SENIOR HIGHWAY ENGINEER
This is the senior most position and the expert engaged as the team leader shall be responsible for reviewing
the entire Project preparation and implementation activities of the Concessionaire.
He shall check all the Designs being prepared by the Concessionaire, ensure execution of works on site as
per specification and standards, and continuously interact with the NHAI and the Concessionaire.
He shall undertake Project site visits and shall guide, supervise, coordinate and monitor the work of
other experts in his team as well as those of the Concessionaire. The candidate is required to be a Senior
Highway Engineer, who should have a proven record of supervising, organising and managing of
construction
of highway projects and also of Project preparation of large magnitudes projects, as defined below, financed
by
international lending agencies and others. Knowledge of Project management shall be an added advantage.
He should have the following qualification / experience.
(1) Essential Qualifications.

(a) Graduate in Civil Engineering from recognized university.
(b)Total Professional Experience of 15 years in handling Highway Projects.
(c) At least 5 years experience as Team Leader/Project Manager or similar capacity in Highway Development
Project.
(d) He should have handled as Team Leader/Project Manager or similar capacity of at least two
projects in Construction Supervision / IC (of length 40% of project length or more of similar configuration
(2/4/6 laning**)
(e) He should have handled as Team Leader or similar capacity of at least two Projects of project
Preparation of major highway Project (of length 40% of project length or more of similar configuration
(2/4/6 laning**).
(f) Experience as Team Leader/Project Manager or similar capacity in Operation and Maintenance of Major
Highway
Projects(of length 40% of project length or more of similar configuration (2/4/6 laning**).
(2) Preferential Qualifications.
(a) Post Graduate Degree in Construction Management/Transportation/Highway Engineering//Structural

Engineering .
(b) Highway Development Projects (of length 40% of project length or more of similar configuration
(2/4/6 laning**) taken up under PPP.
(c) Degree/Diploma/Certificate in Project Management
i) On behalf of
Consultant : Team Leader /
Resident Engineer (Construction Supervision/IE).
ii) On behalf of
Contractor : Project Manager
(Construction/ Construction Supervision)
iii)In Government Organizations : Superintending

Engineer (or equivalent) and above
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(2) Only those projects will be considered for evaluation at Sl. No. 1(d), 1(e) & 1(f) above, where the
input of the personnel is one year, 6 months and 6 months respectively.
SENIOR BRIDGE DESIGN ENGINEER

The Senior Bridge Design Engineer shall be responsible for checking the designs of bridges, ROBs,
interchanges and any other structure to be constructed in the Project highway. He shall also
review the rehabilitation measures to be proposed by the Concessionaire for existing structures
based on site condition and structural requirement basis. His expertise shall include computer aided
design methods for Civil/Structural Engineering with particular reference to Structural design.

(a) Graduate in Civil Engineering from a recognized University.

(b) Professional Experience of 12 years in handling Highway/ Bridge projects .
(c) 10 years out of total 12 years experience in similar capacity for design of major highway bridges.
(d) Experience in similar capacity of designing of 4 major Highway Bridges.
(a) Post Graduate Degree in Structural Engineering.
(c) Design experience in similar capacity of major highway bridge of length 200 m or more. (excluding
approaches).
(d) Experience in similar capacity in innovative Bridge / structure (Pre-cast Segmental, Cantilever Construction,
Cable Stayed Bridge, Suspension bridges etc.) bridge design with use of computer aided software
.
TRAFFIC AND TRANSPORTATION EXPERT
Shall review and check the traffic analysis, projection, and assignment exercises to be carried
out by the Concessionaire. He shall also review/design of intersections and interchanges, toll plaza layout,
toll collection method and user facilities, scheme for traffic management during construction period. He shall
also study and comment on safety audit report prepared by the Concessionaire.
(a) Graduate in Civil Engineering from recognized University.

(b) Total Professional Experience of 12 years in handling Highway projects .
(c) 5 years experience (out of total 12 years) shall be as Traffic & Transportation expert on
Major Highway Projects of similar nature on at least one project (of length 40% of project length or more of
similar configuration (2/4/6 laning**) and above).
(d) Experience in similar capacity of Road Safety Aspect during various phases i.e. pre-construction,
design/development/construction
stage, safety audit & studies of Highway Projects.
(e) Experience in similar capacity on at least 1 major highway project.
2) Preferential Qualifications.
81
(a) Post Graduate Degree in Traffic/Transport Engineering.
RESIDENT CUM HIGHWAY ENGINEER
The Resident cum Highway Engineer shall be responsible for supervising the works of highway to be
constructed by the Concessionaire for this project. He shall also inspect the pavement rehabilitation and
repair works to be undertaken by the Concessionaire.

(b) Professional Experience of 12 years in supervision of Highway Projects.
(c) 5 years experience in similar capacity in Highway Development Project.
(c) Should have handled at least 2 major projects(of length 40% of project length or more of
(a)Post Graduate Degree in Transportation/Highway Engineering/Structural Engineering/

Geotechnical Engineering/Civil Engineering.
(b) Experience of Highway Project (of length 40% of project length or more of
similar configuration (2/4/6 laning**) and above) of Construction / Construction Supervision / IC on PPP Mode
BRIDGE & STRUCTURAL ENGINEER
The Bridge Engineer shall be responsible for supervising the works of bridges, interchanges and any
other structure to be constructed by the Concessionaire for this project. He shall also inspect the
bridge rehabilitation and repair works to be undertaken by the Concessionaire. He should have thorough
understanding and experience with international `best practices’ of modern bridge construction technology.

(b) Professional Experience of 12 years in handling Highway/Bridge projects.
(c) 5 years experience in Construction / Construction Supervision of bridge / interchange / any other
structures.
(d) Experience in similar capacity in supervision of 2 Major Highway Bridges.
(e) Experience in supervision of Rehabilitation and repair of 2 nos Major Bridges.
(a) Post Graduate Degree in Structural Engineering.
(b) He should have thorough understanding and experience of modern

bridge construction technology . viz., Precast Segmental, Balanced Cantilever Construction, Extradosed Bridge,
Full Span Launching, Incremental Launching.
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SENIOR PAVEMENT SPECIALIST
The expert shall be continuously interacting with the Concessionaire, to ensure life cycle cost effectiveness
and viable design of pavement including appropriate rehabilitation / strengthening of the existing
two lane pavement which is significantly distressed. He shall also be responsible for ensuring complete
adherence to maintenance standards during Construction and Operation period. Thus, the position
requires
a pavement specialist with thorough knowledge and understanding of international ‘best practices’ in the
field of Design, Construction and maintenance of flexible/rigid type of pavements including latest Codal
stipulations and specifications.

(b) Professional Experience of 12 years in Pavement Design / Pavement Construction / Pavement Maintenance
of Highways / Roads / Airfield Runways
(c) Experience of 5 years in similar capacity in Construction / Construction Supervision of 2/4/6 laning** of major
highway projects.
(d) Experience as Pavement / Geotechnical Engineer in Construction/Construction Supervision of at least 2 major
highway projects(of length 40% of project length or more of
(a) Post Graduate Degree in Highway Engineering / Pavement Engineering /Transportation
(b) Experience in similar capacity in Highway Development Project in innovative/non traditional technology and
design
(c) Experience as a Pavement Specialist/Pavement Engineer in PPP project(of length 40% of project length
or more of similar configuration (2/4/6 laning**) and above).
SENIOR QUALITY/MATERIAL EXPERT
The Quality/Material Expert shall review the test results of bore holes, quarry and borrow area material
to find out their strength characteristics and suitability for using them in construction. He shall
inspect the Concessionaire’s field laboratories to ensure that they are adequately equipped and capable
of performing all the specified testing requirements of the contract. He shall look into the quality
assurance
aspect of the construction works and supervise the setting-up of the various Concessionaire’s rock
crushers
and bituminous mixing plants to ensure that the specified requirements for such equipments are fully met.
Experience in latest Quality Management techniques in highway projects shall have added advantage.

(b) Professional Experience of 12 years in handling Highway projects.
(c) Experience of at least 5 years as Senior Quality/ Material Expert or in similar capacity in Construction /
Construction Supervision /major highway projects
83
(d) Experience as Senior Quality/ Material Expert or in similar capacity in handling of at least 2 similar highway
projects.
(of length 40% of project length or more of similar configuration (2/4/6 laning**) and above)
(a) Post Graduate Degree in Geotechnical Engineering / Foundation Engineering / Soil Mechanics.
(b) Experience in similar capacity in Highway Development Project in innovative/non traditional technology
HIGHWAY DESIGN ENGINEER
The Highway Engineer shall be responsible for the review of highway designs and drawings using sophisticated
computer software and also construction and O&M works. Should be a graduate in Civil Engineering from a
recognized University (higher qualifications will be preferable); His expertise shall include computer aided design
methods for Civil/Highway Engineering with particular reference to CAD application to the geometric design for
highway
rehabilitation and/or upgrading projects.

(b) Professional Experience of 12 years in highway works.
(c) Experience in similar capacity of at least 5 years (out of total 12 years) in Highway Designing works
(d) He should have handled as Highway Design Engineer at least 2 Projects of major 4 laning/ 6 laning
improvement
projects (of length 40% of project length or more of similar configuration (2/4/6 laning**) and above).
(e) Exposure in similar capacity of Computer Software Programmes for Design of Highways.
(a) Post Graduate Degree in Highway Engineering

(b) Experience in similar capacity in Highway Projects on PPP Mode (of length 40% of project length or more
of similar configuration (2/4/6 laning**) and above)
FINANCIAL EXPERT
The candidate shall have MBA(Finance)/Chartered Accountant. He should have 8 to 10 years experience
as a Financial Advisor particularly in the field of project financing. Advisory experience in the field of
transportation
project would be desirable. He should have Experience as a Financial Expert in financial modelling of major
Highway on PPP mode
LEGAL EXPERT
Lawyer with over 8 years experience in contracts and financial documentation related to project financing.
Advisory experience in transportation would be desirable. .
ROAD SAFETY EXPERT

Shall be responsible for the overall Road Safety Aspect of the Project. He shall ensure that safety provisions
as per relevant codes are strictly followed at site during Construction of Road and also during the Maintenance
Period
84

(b) Professional Experience of 12 years in handling Highway projects.
(c) Minimum 5 years experience in Road Safety works of Major Highway Projects (4 / 6 laning projects)
(d) Exp e r i e nc e in similar capacity i n R o ad Saf et y A ud i t of at least 2 nos 2/4/6 lane** highway /
expressway
project including
1 nos at design stage
(e Exp e r i e n ce in similar capacity in the field of Road Safety Management Plan.
2) Preferential Qualifications
(a) Post Graduate Degree in Traffic Transportation/Safety Engineering.

(b) Experience in similar capacity in identification and improvement of black spots on Major Highway Project .
(c) Exp e ri e nc e in similar capacity i n Preparation of Road Safety Management Plan for inter urban Highways in
PPP mode.
SUB PROFESSIONAL
SURVEY ENGINEER
The candidate should be Graduate in Civil Engineering Firm may field

Survey Engineer with diploma in Civil Engineering/Survey having at least 5
years experience in the field of surveying out of which at least 3 years should
be in highway projects and they should have also dealt with at least 1
project of similar nature. This position requires thorough understanding of
modern computer based method of surveying with total station digital level etc.
ASSISTANT HIGHWAY ENGINEER
The Candidate should be Graduate in Civil Engineering.
CAD EXPERT
He should be Graduate in Civil Engineering/Computer Science having

experience in computer related design method for highway engineering.
ENVIRONMENTAL ENGINEER
The Candidate should be Graduate in Civil Engineering/Environmental

Engineering or other relevant qualification. He should have at least 6 years
experience out of which 2 years in highway projects. He should have good
knowledge of MOEF guidelines/requirements for mitigation measures.
ASSISTANT BRIDGE ENGINEER
The Candidate should be Graduate in Civil Engineering with 3 years experience.

He should have handled at least 1 major bridge project.
85
ASSISTANT QUALITY CUM MATERIAL ENGINEER
The Candidate should be Graduate in Civil Engineering or diploma in Civil

Engineering with 3 years experience.
ELECTRICAL ENGINEER
The Candidate should be Graduate in Electrical Engineering from recognised

institute. He should have at least 6 years experience
HTMS/TOLLING SYSTEM EXPERT
The candidate should be a senior Systems Engineer having experience of at

least 15 Years. He should be an expert in preparation of standards for projects
of toll collection and HTMS. He should have bachelors degree in Civil
Engineering/Electronics/Computer Science/other relevant areas. He should
have experience of international latest practices in the field of HTMS and
tolling. He should have work experience on at least 2 similar projects in
similar capacity.
QUANTITY SURVEYOR
He should be Graduate or equivalent in Civil Engineering having Min. 5 years of

professional experience in preparation of highway project estimates. He should
have Min. 3 years experience in Preparation of Bill of Quantities/estimates for
major highway projects costing Rs.100 Crore or above.
HORTICULTURE CUM LANDSCAPING SPECIALIST
He should be a Graduate in Agriculture with specialization in

Horticulture/Arboriculture having minimum 5 year of field experience in
Horticulture/Arboriculture and landscaping. He should have minimum 5 years
field experience.
86
SECTION 7: DRAFT FORM OF CONTRACT
Note: This draft Agreement is a generic document and shall be modified based on particulars
of the DBOT Project.
87
CONTRACT FOR CONSULTANT’S SERVICES
Between
(Name of Client)
And
(Name of Consultant)
Dated:
88
CONTENTS
Page No.
I. FORM OF CONTRACT ……………………………………..
II GENERAL CONDITIONS OF CONTRACT ……………….
1. General Provisions ……………………………………….
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2. Commencement, Completion, Modification, and Termination

of Contract…………………………………………………..
2.1 Effectiveness of Contract ………………………………….

2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition …………………………………………..

2.7.2 No Breach of Contract ……………………………..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension …………………………………………………
2.9 Termination ………………………………………..
2.9.1 By the Client ………………………………

2.9.2 By the Consultants ………………………..
2.9.3 Cessation of Rights and Obligations ………
2.9.4 Cessation of Services ………………………
2.9.5 Payment upon Termination ………………..
2.9.6 Disputes about Events of Termination …….
3. Obligations of the Consultants ……………………
89
3.1 General
3.1.1 Standard of Performance …………..
3.1.2 Law Governing Services …………..
3.2 Conflict of Interests ……………………….
3.2.1 Consultants not to Benefit from

Commissions, Discounts, etc. ……..
3.2.2 Procurement Rules of Funding Agencies
3.2.3 Consultants and Affiliates Not to
Engage in certain Activities …………..
3.2.4 Prohibition of Conflicting Activities …
3.3 Confidentiality ………………………………..

3.4 Liability of the Consultants …………………..
3.5 Insurance to be Taken out by the Consultants …
3.6 Accounting, Inspection and Auditing ………….
3.7 Consultant’s Actions requiring Client’s prior Approval
3.8 Reporting Obligations …………………………..
3.9 Documents prepared by the Consultants ……….
To Be the Property of the Client ………………..
3.10 Equipment and Materials Furnished by the Client
4. Consultants’ Personnel and Sub-consultants ……………………..
4.1 General …………………………………………………

4.2 Description of Personnel …………………………
4.3 Approval of Personnel ……………………………
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and /or Replacement of Personnel ……………
4.6 Resident Project Manager ………………………….
5. Obligations of the Client ………………………………….
5.1 Assistance and Exemptions …………….

5.2 Access to Land ………………………….
5.3 Change in the Applicable Law ………….
5.4 Services, Facilities and Property of the Client
5.5 Payment …………………………………
5.6 Counterpart Personnel ………………….
6. Payments to the Consultants ……………………………..
6.1 Cost Estimates, Ceiling Amount ……………….

6.2 Remuneration and Reimbursable Expenditures…
6.3 Currency of Payment …………………………..
6.4 Mode of Billing and Payment ………………….
7. Fairness and Good Faith …………………………………………
90
7.1 Good Faith …………………………………….

7.2 Operation of the Contract ……………………..
8. 8.1 Amicable Settlement …………………………..

8.2 Dispute Settlement …………………………….
III SPECIAL CONDITIONS OF CONTRACT ……………………

IV APPENDICES Page No.
Appendix A : Description of the Services ……………..
Appendix B : Reporting Requirements …………………
Appendix C : Key Personnel and Sub-consultants …….
Appendix D : Medical Certificate ……………………….
Appendix E : Hours of Work for Key Personnel ……….
Appendix F : Duties of the Client ………………………
Appendix H : Cost Estimates in Local Currency ………..
Appendix I : Form of Performance Bank Guarantee
Appendix J : Form of Bank Guarantee for Advance Payments
Appendix K : Letter of invitation
Appendix L : Letter of Award
Appendix M : Minutes of pre-bid meeting
V ANNEXURES..……………………………………………………..
91
1. FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the day of the
Month of , 200 , between, on the one hand (hereinafter
Called the “Client) and, on the other hand, (hereinafter called the
“Consultants”).
[Note* : If the Consultants consist of more than one entity, the above should be partially
amended to read as follows:
“…(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of the
following entities, each of which will be jointly severally liable to the Client for all the
Consultants’ obligations under this Contract, namely, and
(hereinafter called “Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attached to this Contract
(hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the required
processional skills, and personnel and technical resources, have agreed to provide
the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(a) The General Conditions of Contract (hereinafter called “GC”)’

(b) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices:
[Note: If any of these Appendices are not used, the words “Not Used” should be
inserted below next to the title of the Appendix on the sheet attached hereto
carrying the title of that Appendix].
92
Appendix A : Description of the Services ……………..
Appendix B : Reporting Requirements …………………
Appendix C : Key Personnel and Sub-consultants …….
Appendix D : Medical Certificate ……………………….
Appendix E : Hours of Work for Key Personnel ……….
Appendix F : Duties of the Client ………………………
Appendix H : Cost Estimates in Local Currency ………..
Appendix I : Form of Performance Bank Guarantee
Appendix J : Form of Bank Guarantee for Advance Payments
Appendix K : Letter of invitation
Appendix L : Letter of Award

Appendix-M : Minutes of pre-Bid Meeting
Appendix-N : Memorandum of Understanding (in case of JV)
2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the provisions
of the Contract; and
(b) The Client shall make payments to the Consultants in local currency only in
accordance with the
Provisions of the Contract.
93
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
FOR AND ON BEHALF OF

[NAME OF THE CLIENT]
By
(Authorized Representative)
FOR AND ON BEHALF OF
[NAME OF THE CONSULTANTS]
By
[Note: If the Consultants consist of more than one entity, all of these entities should appear as
signatures, e.g. in the following manner ]
FOR AND ON BEHALF OF EACH OF

THE MEMBERS OF THE CONSULTANTS
[Name of the Member]
By
[Name of the Member]
By
etc.
94
GENERAL CONDITIONS OF CONTRACT
1. General Provisions
Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of
law in the Government’s country [or in such other country as may be specified in
the Special Conditions of Contract (SC)], as they may be issued and in force from
time to time.
(b) “Contract means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in
Clause 1 of such signed Contract;
(c) “Effective Date’ means the date on which this Contract comes into force and
effect pursuant to Clause GC 2.1;
(d) ‘foreign currency’ means any currency other than the currency of the
Government;
(e) ‘GC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country;
(g) ‘Local currency’ means the Indian Rupees;
(h) “Consultant” wherever mentioned in this Contract Agreement means the

“Independent Consultant (IE)” and includes and sub-consultants or Associates
engaged by the primary consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more than one
entity, means any of these entities, and “Members” means all of these entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties means
both of them;
(k) “Personnel” means persons hired by the Consultants or by any Sub-Consultants

and or Associates as Employees and assigned to the performance of the Services
or any part thereof; “Foreign Personnel” means such persons who at the time of
being so hired had their domicile outside the Government’s Country, “Local
Personnel” means such persons who at the time of being so hired had their
domicile inside the Government’s Country; and ‘key personnel’ means the
personnel referred to in Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
(m)"Services" means the work to be performed by the Consultants pursuant to his
contract, as described in Appendix A hereto. The scope of work will be strictly
as given in various Clauses in TOR. The approach and methodology to be
adopted by the Consultant for carrying out the assignment as Independent
Engineer may be modified depending on the site requirements and work
programme of the Concessionaire after mutual discussions with NHAI, the
Concessionaire and the Independent Engineer. The work plan as indicated by the
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Consultant may be modified accordingly to the site requirements.
(n) "Sub-consultant and or Associates " means any entity to which the Consultants
subcontract any part of the Services in accordance with the provisions of Clause
GC 3.7; and
(o) "Third Party" means any person or entity other than the Government, the Client,
the Consultants or a Sub-consultant.
1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant
or of principal and agent as between the Client and the Consultants. The Consultants, subject
to this Contract, have complete charge of Personnel and Sub- consultants, if any, performing
the Services and shall be fully responsible for the Services performed by them or on their
behalf hereunder.
1.3 Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Law.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of
this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to
this Contract shall be in writing. Any such notice, request or consent shall be deemed
to have been given or made when delivered in person to an authorized representative
of the Party to whom the communication is addressed, or when sent by registered
mail, telegram or facsimile to such Party at the address specified in the SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A Party may change its address for notice hereunder by giving the other Party notice
of such change pursuant to the provisions listed in the SC with respect to Clause GC
1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in Appendix A
hereto and, where the location of a particular task is not so specified, at such
locations. whether in Government's Country or elsewhere, as the Client may approve.
1.8 Authority of Member in Charge
In case the Consultants consist of a joint venture of more than one entity, the
Members hereby authorize the entity specified in the SC to act on their behalf in
exercising all the Consultants' rights and obligations towards the Client under this
Contract, including without limitation the receiving of instructions and payments from
the Client.
1.9 Authorized Representatives

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Any action required or permitted to be taken, and any document required or permitted
to be executed, under this Contract by the Client or the Consultants may be taken or
executed by the officials specified in the SC.
1.10 Taxes and Duties
Unless otherwise specified in the SC, the Consultants, Sub-consultants and Personnel
shall pay such taxes, duties, fees and other impositions as may be levied under the
Applicable Law. NHAI shall reimburse only service tax on production of project
specific proof of payment of service tax.
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the "Effective Date") of the
Client's notice to the Consultants instructing the Consultants to begin carrying out the
Services. This notice shall confirm that the effectiveness conditions, if any, listed in
the SC have been met.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as shall be specified in the SC, either Party may, by not
less than four (4) weeks' written notice to the other Party, declare this Contract to be
null and void, and in the event of such a declaration by either Party, neither Party shall
have any claim against the other Party with respect hereto.
2.3 Commencement of Services
The Consultants shall begin carrying out the Services at the end of such time period
after the Effective Date as shall be specified in the SC.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire
when services have been completed and all payments have been made at the end of
such time period after the Effective Date as shall be specified in the SC.
2.5 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the
Parties. No agent or representative of either Party has authority to make, and the
Parties shall not be bound by or be liable for, any statement, representation, promise
or agreement not set forth herein.
2.6 Modification
Modification of the terms and conditions of this Contract, including any modification
of the scope of the Services, may only be made by written agreement between the
Parties as the case may be, has been obtained. Pursuant to Clause GC 7.2 hereof,
however, each Party shall give due consideration to any proposals for modification
made by the other Party.
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2.7 Force Majeure
2.7.1. Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes a Party's
performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and includes, but
is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm,
flood or other adverse weather conditions, strikes, lockouts or other industrial
action ( except where such strikes, lockouts or other industrial action are
within the power of the Party invoking Force Majeure to prevent), confiscation
or any other action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a party or such Party's Sub-consultants or
agents or employees, nor (ii) any event which a diligent Party could
reasonably have been expected to both (A) take into account at the .time of the
conclusion of this Contract and (B) avoid or overcome in the carrying out of
its obligations hereunder .
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
2.7.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Contract insofar as such
inability arises from an event of Force Majeure, provided that the Party
affected by such an event has taken all reasonable precautions, due care" and
reasonable alternative measures, all with the objective of carrying out the
terms and conditions of this Contract.
2.7.3 Measures to be Taken
(a) A Party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party's inability to fulfill its obligations
hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party
of such event as soon as possible, and in any event not later than fourteen
(14) days following the occurrence of such event, providing evidence of
the nature and cause of such event, and shall similarly give notice of the
restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
2.7.4 Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which
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such Party was unable to perform such action as a result of Force Majeure.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an

event of Force Majeure, the Consultants shall be entitled to be reimbursed for
additional costs reasonably and necessarily incurred by them during such
period for the purposes of the Services and in reactivating the Services after
the end of such period.
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of
Force Majeure, have become unable to perform a material portion of the
Services, the Parties shall consult with each other with a view to agreeing on
appropriate measures to be taken in the circumstances.
2.8. Suspension
The Client may, by written notice of suspension to the Consultants, suspend all
payments to the Consultants hereunder if the Consultants fail to perform any of their
obligations under this Contract, including the carrying out of the Services, provided
that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall
request the Consultants to remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultants of such notice of suspension.
2.9 Termination
2.9.1 By the Client
The Client may, by not less than thirty (30) days' written notice of termination to the
Consultants (except in the event listed in paragraph (f) below, for which there shall be
a written notice of not less than sixty ( 60) days), such notice to be given after the
occurrence of any of the events specified in paragraphs (a) through (h) of this Clause
GC 2.9.1, terminate this Contract.
(a) if the Consultants fail to remedy a failure in the performance of their obligations
hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8
hereinabove, within thirty (30) days of receipt of such notice of suspension or within
such further period as the Client may have subsequently approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than one entity, if
any of their Members becomes) insolvent or bankrupt or enter into any agreements
with their creditors for relief of debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof;
(d) if the Consultants submit to the Client a statement which has a material effect on
the rights, obligations or interests of the Client and which the Consultants know to be
false;
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(e) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate
this Contract.
(g) if the consultant, in the judgment of the Client has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract. For the purpose of
this clause:
"corrupt practice" means the offering, giving, receiving or soliciting of anything of

value to influence the action of a public official in the selection process or in contract
execution.
"fraudulent practice" means a misrepresentation of facts in order to influence a

selection process or the execution of a contract to the detriment of the Borrower, and
includes collusive practice among consultants (prior to or after submission of
proposals) designed to establish prices at artificial non-competitive levels and to
deprive the Borrower of the benefits of free and open competition.
(h) if Concessionaire represents to NHAI that the Consultant is not discharging his duties
in a fair, efficient and diligent manner and if the dispute remains unresolved,
NHAI may terminate this contract.
2.9.2 By the Consultants
The Consultants may, by not less than thirty (30) days' written notice to the Client, such
notice to be given after the occurrence of any of the events specified in paragraphs (a)
through (d) of this Clause GC 2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 8 hereof within forty-five
(45) days after receiving written notice from the Consultants that such payment is
overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract and
has not remedied the same within forty-five (45) days (or such longer period as
the Consultants may have subsequently approved in writing) following the receipt
by the Client of the Consultants' notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(d) if the Client fails to comply with any final decision reached as a result of
arbitration pursuant to Clause GC 8 hereof.
2.9.3. Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon
expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of the
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Parties hereunder shall cease, except:
(i) such rights and obligations as may have accrued on the date of termination or
expiration;
(ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof;
(iii) the Consultants' obligation to permit inspection, copying and auditing of their
accounts and records set forth in Clause GC 3.6 (ii) hereof; and
(iv) any right which a Party may have under the Applicable Law
2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses
GC 2.9.1 or GC 2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to a
minimum. With respect to documents prepared by the Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as provided, respectively, by
Clauses GC 3.9 or GC 3.10 hereof.
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the
Client shall make the following payments to the Consultants (after offsetting against these
payments any amount that may be due from the Consultant to the Client}:
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed

prior to the effective date of termination;
(b) reimbursable expenditures pursuant to Clause GC 6 hereof for expenditures

actually incurred prior to the effective date of termination; and
(c) except in the case of termination pursuant to paragraphs (a) through (d) of Clause
GC 2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract including the cost of the return travel of the
Consultants' personnel and their eligible dependents.
2.9.6. Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC
2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days
after receipt of notice of termination from the other Party, refer the matter to arbitration
pursuant to Clause GC 8 hereof, and this Contract shall not be terminated on account of such
event except in accordance with the terms of any resulting arbitral award.
3. Obligation of the Consultants
3.1 General
3.1.1. Standard of Performance

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The Consultants shall perform the Services and carry out their obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe and effective equipment,
machinery, materials and methods" The Consultants shall always" act, in respect of
any matter relating to this Contract or to the Services, as faithful advisers to the
Client, and shall at all times support and safeguard the Client's legitimate interests in
any dealings with Sub-consultants or Third Parties.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law
and shall take all practicable steps to ensure that any Sub- consultants and or
Associates, as well as the Personnel of the Consultants and any Sub- consultants and
or Associates, comply with the Applicable Law. The Client shall advise the
Consultants in writing of relevant local customs and the Consultants shall, after such
notifications, respect such customs.
3.2 Conflict of Interests
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.
The Remuneration of the Consultants pursuant to Clause GC 6 hereof shall constitute

the Consultants' sole remuneration in connection with this Contract or the Services
and, subject to Clause GC 3.2.2 hereof, the Consultants shall not accept for their own
benefit any trade commission, discount or similar payment in connection with
activities pursuant to this Contract or to the Services or in the discharge of their
obligations hereunder, and the Consultants shall use their best efforts to ensure that
any Sub- consultants and or Associates, as well as the Personnel and agents of either
of them, similarly shall not receive any such additional remuneration.
3.2.2 If the Consultants, as part of the Services, have the responsibility of advising
the Client on the procurement of goods, works or services, the Consultants shall
comply with any applicable procurement guidelines of the Client (NHAI)and or
Associates Bank or of the Association, as the case may be, and other funding agencies
and shall at all times exercise such responsibility in the best interest of the Client. Any
discounts or commissions obtained by the Consultants in the exercise of such
procurement responsibility shall be for the account of the Client.
3.2.3 Consultants and Affiliates Not to engage in Certain Activities
The Consultants agree that, during the term of this Contract and after its termination,
the Consultants and any entity affiliated with the Consultants, as well as any Sub-
consultant and or Associates and any entity affiliated with such Sub- consultant and or
Associates, shall be disqualified from providing goods, works or services (other
than the Services and any continuation thereof) for any project resulting from or
closely related to the Services. .
3.2.4 Prohibition of Conflicting Activities

The Consultants shall not engage, and shall cause their Personnel as well as their Sub-
consultants and or Associates and their Personnel not to engage, either directly or
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indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional activities in
the Government's country which would conflict with the activities
assigned to them under this Contract; and
(b) after the termination of this Contract, such other activities as may be
specified in the SC.
3.3 Confidentiality
The Consultants, their Sub-consultants and the Personnel of either of them shall not,
either during the term or within two (2) years after the expiration of this Contract,
disclose any proprietary or confidential information relating to the Project, the
Services, this Contract or the Client's business or operations without the prior written
consent of the Client.
3.4 Liability of the Consultants
Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability
under this Contract shall be as provided by the Applicable Law.
3.5 Insurance to be Taken Out by the Consultants
The Consultants (i) shall take out and maintain, and shall cause any Sub-consultants
to take out and maintain, at their ( or the Sub-consultants', as the case may be) own
cost but on terms and conditions approved by the Client, insurance against the risks,
and for the coverages, as shall be specified in the SC, and (ii) at the Client's
request, shall provide evidence to the Client showing that such insurance has been
taken out and maintained and that the current premiums therefore have been paid.
3.6 Accounting, Inspection and Auditing
The Consultants (i) shall keep accurate and systematic accounts and records in respect
of the Services, hereunder, in accordance with internationally accepted accounting
principles and in such form and detail as will clearly identify all relevant time charges
and cost, and the bases thereof (including such bases as may be specifically referred
to in the SC); (ii) shall permit the Client or its designated representative periodically,
and up to one year from the expiration or termination of this Contract, to inspect the
same and make copies thereof as well as to have them audited by auditors appointed
by the Client; and (iii) shall permit the client to inspect the Consultant's accounts and
records relating to the performance of the Consultant and to have them audited
by auditors appointed by the client.
3.7 Consultants' Actions Requiring Client's Prior Approval
The Consultants shall obtain the Client's prior approval in writing before taking any of
the following actions:
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(a) appointing such members of the Personnel as are listed in Appendix C
("Consultants' Sub-consultants' Key Personnel") merely by title but not by name;
(b) entering into a subcontract for the performance of any part of the Services, it
being understood (i) that the selection of the Sub-consultant and the terms and
conditions of the subcontract shall have been approved in writing by the Client
prior to the execution of the subcontract, and (ii) that the Consultants shall remain
fully liable for the performance of the Services by the Sub- consultant and its
Personnel pursuant to this Contract; and
(c) any other action that may be specified in the SC
3.8 Reporting Obligations
The Consultants shall submit to the Client the reports and documents specified in
Appendix B hereto, in the form, in the numbers and within the time periods set forth
in the said Appendix.
3.9 Documents Prepared by the Consultants to Be the Property of the Client
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultants for the Client under this Contract shall become and
remain the property of the Client, and the Consultants shall, not later than upon
termination or expiration of this Contract, deliver all such documents to the Client,
together with a detailed inventory thereof. The Consultants may retain a copy of such
documents and software. Restrictions about the future use of these documents and
software, if any, shall be specified in the SC.
3.10 Equipment and Materials Furnished by the Client
Equipment and materials made available to the Consultants by the Client, or

purchased by the Consultants with funds provided by the Client, shall be the property
of the Client and shall be marked accordingly. Upon termination or expiration of this
Contract, the Consultants shall make available to the Client an inventory of such
equipment and materials and shall dispose of- such equipment and materials in
accordance with the Client's instructions. While in possession of such equipment and
materials, the Consultants, unless otherwise instructed by the Client in writing, shall
insure them at the expense of the Client in an amount equal to their full replacement
value.
4. Consultants' Personnel and Sub-consultants and or Associates
4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel
and Sub-consultants as are required to carry out the Services.
4.2 Description of Personnel
(a) The titles, agreed job descriptions, minimum qualification and estimated periods
of engagement in the carrying out of the Services of each of the Consultants' Key
Personnel are described in Appendix C. If any of the Key Personnel has already
been approved by the clients his/her name is listed as well.
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(b) If required to comply with the provisions of Clause GCC 3.1.1 hereof,
adjustments with respect to the estimated periods "of engagement of Key
Personnel set forth in Appendix C may be made by the Consultants by written
notice to the Client, provided (i) that such adjustments shall not alter the
originally estimated period of engagement of any individual by more than 10%
or one week, whichever is larger, and (ii) that the aggregate of such adjustments
shall not cause payments under this Contract to exceed the ceilings set forth in
Clause GC 6.1(b) of this Contract. Any other such adjustments shall only be
made with the Client's written approval.
(c) If additional work is required beyond the scope of the Services specified in
Appendix A, the estimated periods of engagement of Key Personnel set forth in
Appendix C may be increased by agreement in writing between the Client and
the Consultants, provided that any such increase shall not, except as otherwise
agreed, cause payments under this Contract to exceed the ceilings set forth in
Clause GC 6.1 (b) of this Contract.
4.3 Approval of Personnel
The Key Personnel i.e. Professional Staff and Sub-consultants listed by title as well as
by name in Appendix C are hereby approved by the Client. In respect of other Key
Personnel which the Consultants propose ,to use in the carrying out of the Services,
the Consultants shall submit to the client for review and approval a copy of their
biographical data and (in the case of Key personnel to be used within the country of
the Government) a copy of a satisfactory medical certificate in the form attached
hereto as Appendix D. If the Client does not object in writing (stating the reasons for
the objection) within thirty (30) calendar days from the date of receipt of such
biographical data and (if applicable) such certificate, such Key Personnel shall be
deemed to have been approved by the Client.
4.4 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Key Personnel are set forth in Appendix E
hereto. To account for travel time, foreign Personnel carrying out Services inside
the Government's country shall be deemed to have commenced (or finished)
work in respect of the Services such number of days before their arrival in (or
after their departure from) the Government's country as is specified in Appendix
E hereto.
(b) The Personnel of all types engaged by Consultant to provide Services on this
Contract shall not be entitled to be paid for overtime nor to take paid sick leave or
vacation leave except as specified in Appendix E hereto, and except as specified
In suchAppendix, the Consultants' remuneration shall be deemed to cover these
items. All leave to be allowed to the Personnel is included in the staff-months of
service set for in Appendix C. Any taking of leave by Personnel shall be
subject to the prior approval by the Client and the Consultants shall ensure that
absence for leave purposes will not delay the progress and adequate supervision of
the Services.
4.5 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the
Key Personnel. If, for any reason beyond the reasonable control of the
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Consultants, it becomes necessary to replace any of the Personnel, the
Consultants shall forthwith provide as a replacement a person of
equivalent or better qualifications.
(b) If the Client (i) finds that any of the Personnel has committed
serious misconduct or has been charged with having committed a criminal
action, or (ii) has reasonable cause to be dissatisfied with the performance
of any of the Personnel, then the Consultants shall, at the Client's written
request specifying the grounds therefore, forthwith provide as a
replacement a person with qualifications and experience acceptable to the
Client.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b)
above, the rate of remuneration applicable to such person as well as
any reimbursable expenditures (including expenditures due to the
number of eligible dependents) the Consultants may wish to claim as a
result of such replacement, shall be subject to the prior written approval by
the Client. Except as the Client may otherwise agree, (i) the Consultants shall
bear all additional travel and other costs arising out of or incidental to
any removal and/or replacement, and (ii) the remuneration to be paid to any
of the Key Personnel provided as a replacement shall be 90% of the
remuneration which would have been payable to the Key Personnel
replaced. However, for the reason other than death/extreme medical ground,
(i) for total replacement upto 33% of key personnel, remuneration shall be
reduced by 5% (ii) for total replacement upto between 33% to 50%,
remuneration shall be reduced by 10% and (iii) for total replacement upto
between 50% to 66%, remuneration shall be reduced by 15% (iv) For
total replacements beyond 66% of the key personnel the client shall initiate
action of higher penalty/termination/debarment upto 2 years as considered
appropriate.
(d) In order to prevent the tendency of the personnel and consulting firm to
submit incorrect and inflated CV, they should sign every page of CV before
submission in order to authenticate that CV furnished by them is correct. The
consulting firm and the personnel through consulting firm should be informed
by NHAI while accepting CV of the new personnel that if CV is found in
correct and inflated at a later date, the personnel accepted would be removed
from his assignment and debarred from further NHAI works for an
appropriate period to be decided by NHAI and the new proposed personnel in
place of removed personnel would be paid 15% less salary than the original
personnel. 15% reduction in the salary will be imposed as a penalty for
submitting the incorrect information. This penalty will be imposted only
once. If the same consulting firm submits incorrect information again second
time, necessary action will be taken by NHAI to black-list that firm.
4.6 Resident Project Manager

If required by the SC, the Consultants shall ensure that at all times during the
Consultants' performance of the Services in the Government's country a
resident project manager, acceptable to the Client, shall take charge of the
performance of such Services.
5. Obligations of the Client

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5.1 Assistance and Exemptions
Unless otherwise specified in the SC, the Client shall use its best efforts to ensure
that the Government shall:
(a) provide the Consultants, Sub-consultants and Personnel with work permits and
such other documents as shall be necessary to enable the Consultants, Sub-
consultants or Personnel to perform the Services;
(b) assist for the Personnel and, if appropriate, their eligible dependents to
be provided promptly with all necessary entry and exit visas, residence
permits, exchange permits and any other documents required for their
stay in Government's country;
(c) facilitate prompt clearance through customs of any property required for
the Services and of the personal effects of the Personnel and their -
eligible dependents;
(d) issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and effective
implementation of the Services;
(e) assist the Consultants and the Personnel and any Sub-consultants and or
Associates employed by the Consultants for the Services from any
requirement to register or obtain any permit to practice their profession or to
establish themselves either individually or as a corporate entity according to
the Applicable Law;
(f) grant to the Consultants, any Sub-consultants and or Associates and the
Personnel of either of them the privilege, pursuant to the Applicable Law, of
bringing into Government's country reasonable amounts of foreign currency
for the purposes of the Services or for the personal use of the Personnel and
their dependents and of withdrawing any such amounts as may be earned
therein by the Personnel in the execution of the Services: and
(g) Provide to the Consultants, Sub-consultants and or Associates and Personnel

any such other assistance as may be specified in the SC.
5.2 Access to Land
The Client warrants that the Consultants shall have, free of charge, unimpeded access
to all land in the Government's country in respect of which access is required for the
performance of the Services. The Client will be responsible for any damage to such
land or any property thereon resulting from such access and will indemnify the
Consultants and each of the Personnel in respect of liability for any such damage,
unless such damage is caused by the default or negligence of the Consultants or any
Sub-consultant or the Personnel of either of them.
5.3 Change in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable Law with
respect to taxes and duties which increases or decreases the cost or reimbursable
107
expenses incurred by the Consultants in performing the Services, then the
remuneration and reimbursable expenses otherwise payable to the Consultants under
this Contract shall be increased or decreased accordingly by agreement between the
Parties hereto, and corresponding adjustments shall be made to the ceiling amounts
specified in Clause GC 6.1(b).
5.4 Services, Facilities and Property of the Client
The Client shall make available to the Consultants and the Personnel, for the purposes
of the services and free of any charge, the services, facilities and property described in
Appendix F at the times and in the manner specified in said Appendix F, provided that
if such services, facilities and property shall not be made available to the Consultants
as and when so specified, the Parties shall agree on (i) any time extension that it may
be appropriate to grant to the Consultants for the performance of the Services, (ii) the
manner in which the Consultants shall procure any such services, facilities and
property from other sources, and (iii) the additional payments, if any, to be made to
the Consultants as a result thereof pursuant to Clause GC 6.l(c) hereinafter.
5.5 Payment
In consideration of the Services performed by the Consultants under this Contract, the
Client shall make to the Consultants such payments and in such manner as is provided
by Clause GC 6 of this Contract.
5.6 Counterpart Personnel
(a) If so provided in Appendix F hereto, the Client shall make available to the
Consultants, as and when provided in such Appendix F, and free of charge,
such counterpart personnel to be selected by the Client, with the Consultants'
advice, as shall be specified in such Appendix F. Counterpart personnel shall
work under the exclusive direction of the Consultants. If any member of the
counterpart personnel fails to perform adequately any work assigned to
him by the Consultants which is consistent with the position occupied by such -
member, the Consultants may request the replacement of such member, and the
Client shall not unreasonably refuse to act upon such request.
(b) If counterpart personnel are not provided by the Client to the Consultants as and
when specified in Appendix F, the Client and the Consultants shall agree on (i)
how the affected part of the Services shall be carried out, and (ii) the additional
payments, if any, to be made by the Client to the Consultants as a result thereof
pursuant to Clause GC 6.1(c) hereof.
6. Payments to the Consultants
6.1 Cost Estimates; Ceiling Amount
(a) An estimate of the cost of the Services payable in local currency is set
forth in Appendix H.
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(b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause
GC 6.1(c), payments under this Contract shall not exceed the ceilings in
local currency specified in the SC. The Consultants shall notify the Client
as soon as cumulative charges incurred for the Services have reached 80% of
either of these ceilings.
(c) Notwithstanding Clause GC 6.l(b) hereof, if pursuant to clauses GC 5.3,5.4 or

5.6 hereof, the Parties shall agree that additional payments in local
currency, shall be made to the Consultants in order
to cover any necessary additional expenditures not envisaged in the cost
estimates referred to in Clause GC 6.1(a) above, the ceiling or ceilings, as the
case may be, set forth in Clause GC 6.1 (b) above shall be increased by the
amount or amounts, as the case may be, of any such additional payments.
6.2 Remuneration and Reimbursable Expenditures

(a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Client shall
pay to the Consultants (i) remuneration as set forth in Clause GC 6.2(b), and
(ii) reimbursable expenditures as set forth in Clause GC 6.2(c). If specified in
the SC, said remuneration shall be subject to price adjustment as specified in
the SC.
(b) Remuneration for the Personnel shall be determined on the basis of time
actually spent by such Personnel in the performance of the Services after the
date determined in accordance with Clause GC 2.3 and Clause SC 2.3 (or such
other date as the Parties shall agree in writing) (including time for necessary
travel via the most direct route) at the rates referred to, and subject to such
additional provisions as are set forth, in the SC.
(c) Reimbursable expenditures actually and reasonably incurred by the

Consultants in the performance of the Services, as specified in Clause SC
6.3(b).
6.3 Currency of Payment
(a) Local currency payments shall be made in the currency of the Government.
(b) The SC shall specify which items of remuneration and reimbursable

expenditures shall be paid, respectively, in local currency,
6.4 Mode of Billing and Payment
Billing and payments in respect of the Services shall be made as follows:
(a) The Client shall cause to be paid to the Consultants an interest bearing
advance payment as specified in the SC, and as otherwise set forth below. The
advance payment will be due after provision by the Consultants to the Client
of a bank guarantee by a bank acceptable to the Client in an amount (or
amounts) and in a currency ( or currencies) specified in the SC, such bank
guarantee (I) to remain effective until the advance payment has been fully set
off as provided in the SC, and (ii) to be in the form set forth in Appendix I
hereto or in such other form as the Client shall have approved in writing.
(b) As soon as practicable and not later than fifteen (15 days) after the end of each
109
calendar month during the period of the Services, the Consultants shall submit
to the Client, in duplicate, itemized statements, accompanied by copies of
receipted invoices, vouchers and other appropriate supporting materials, of the
amounts payable pursuant to Clauses GC 6.3 and 6.4 for such month. Monthly
statements shall be submitted in respect of amounts payable in local
currency. Each such separate monthly statement shall distinguish that
portion of the total eligible costs which pertains to remuneration from
that portion which pertains to reimbursable expenditures.
(c) 75% of bill raised by the consultant shall be paid within 72 Hrs and remaining bill may be paid
after due scrutiny. The Client shall cause the payment of the Consultants
periodically as given in schedule of payment above within thirty (30) days
after the receipt by the Client of bills with supporting documents. Only
such portion of a monthly
statement that is not satisfactorily supported may be withheld from payment.
Should any discrepancy be found to exist between actual payment and costs
authorized to be incurred by the Consultants, the Client may add or subtract
the difference from any subsequent payments. Interest at the rate specified in
the SC shall become payable as from the above due date on any amount due
by, but not paid on. such due date.
(d) The final payment under this Clause shall be made only after the final report
and a final statement, identified as such, shall have been submitted by the
Consultants and approved as satisfactory by the Client. The Services shall be
deemed completed and finally accepted by the Client and the final report and
final statement shall be deemed approved by the Client as satisfactory ninety
(90) calendar days after receipt of the final report and final statement by the
Client unless the Client, within such ninety (90)-day period, gives written
notice to the Consultants specifying in detail deficiencies in the Services, the
final report or final statement. The Consultants shall thereupon promptly make
any necessary corrections, and upon completion of such corrections, the
foregoing process shall be repeated. Any amount which the Client has paid or
caused to be paid in accordance with this Clause in excess of the amounts
actually payable in accordance with the provisions of this Contract shall be
reimbursed by the Consultants to the Client within thirty, (30) days after
receipt by the Consultants of notice thereof. Any such claim by the Client for
reimbursement must be made within twelve (12) calendar months after receipt
by the Client of a final report and a final statement approved by the Client in
accordance with the above.
(e) All payments under this Contract shall be made to the account of the
Consultants specified in the SC.
7. Fairness and Good Faith
7.1 Good Faith
The Parties undertake to act in good faith with respect to each other's rights under this
Contract and to adopt all reasonable measures to ensure the realization of the
objectives of this Contract.
110
7.2 Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between them,
and without detriment to the interest of either of them, and that, if during the term of
this Contract either Party believes that this Contract is operating unfairly, the Parties
will use their best efforts to agree on such action as may be necessary to remove the
cause or causes of such unfairness, but no failure to agree on any action pursuant to
this Clause shall give rise to a dispute subject to arbitration in accordance with Clause
GC 8 hereof.
8. Settlement of Disputes
8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or
in connection with this Contract or the interpretation thereof.
8.2 Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this Contract which
cannot be settled amicably within thirty (30) days after receipt by one Party of the
other Party's request for such amicable settlement may be submitted by either Party
for settlement in accordance with the provisions specified in the SC.
9. Fake CV
If any case of fake/incorrect/inflated CV is found, it shall be dealt with very severely
and would result in all possible penal action including blacklisting from future projects
of NHAI. This would also apply even when the consulting firm is not successful in
getting the assignment. In case CV of a person is turned out to be
fake/incorrect/inflated during the assignment, the consultancy firms will have to refund
the salary and perks drawn including interest @12% per annum in respect of the
person apart from other consequences. In addition to above, 10% of the salary and
perks to be refunded shall be recovered from the Firm as penalty.
111
III. SPECIAL CONDITIONS OF CONTRACT

GC Clause
A. Amendments of, and Supplements to, Clauses in the General Conditions of

Contract
1.1(a) The words ”in the Government’s country” are amended to read ‘in INDIA”
1.4 The language is: English

1.6.1 The addresses are:
Client: National Highways Authority of India
G 5 & 6, Sector–10,Dwarka,
New Delhi – 110 075.
Attention:
Cable address: @nhai.org

Telex:
Fax:
Consultants:
Attention:
Cable address :
Telex :
Facsimile :
[Note’ : Fill in the Blanks]
1.6.2 Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes, 24 hours following confirmed transmission;
112
(c) in the case of telegrams, 24 hours following confirmed transmission;

and
(d) in the case of facsimiles, 24 hours following confirmed transmission.
1.8 The Member in Charge is:
(Note: If the Consultants consist of a joint venture of more than one entity, the name of the
entity whose address is specified in SC 1.6.1 should be inserted here. If the Consultants
consist of one entity, this Clause 1.8 should be deleted from the SC)
1.9 The Authorised Representative are:

For the Client:
For the Consultants:
1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties,
fees, levies and other impositions levied under the existing, amended or enacted
laws during life of this contract and the client shall perform such duties in regard
to the deduction of such tax as may be lawfully imposed.
2.1 The effectiveness conditions are the following:
i) Approval of the Contract by the client
2.2 The time period shall be four months or such other time period as the parties may
agree in writing.
2.3 The time period shall be one month or such other time period as the Parties may
agree in writing.
2.4 The time period shall be 30 months (24 months for Construction Period, 6 months
for Development and O&M period)
3.4 Limitation of the Consultants' Liability towards the Client
(a) Except in case of gross negligence or willful misconduct on the part of the
Consultants or on the part of any person or firm acting on behalf of the
Consultants in carrying out the Services, the Consultants, with respect to damage
caused by the Consultants to the Client's property, shall not be liable to the Client:
113
i) for any indirect or consequential loss or damage; and
ii) Consultant will maintain at its expenses; Professional Liability Insurance

including coverage for errors and omissions caused by Consultant’s
negligence in the performance of its duties under this agreement, (A) For the
amount not exceeding total payments for Professional Fees and Reimbursable
Expenditures made or expected to be made to the Consultants hereunder OR
(B) the proceeds, the Consultants may be entitled to receive from any
insurance maintained by the Consultants to cover such a liability, whichever
of (A) or (B) is higher.
iii) The policy should be issued only from an Insurance Company operating in
India.
iv) The policy must clearly indicate the limit of indemnity in terms of “Any
One Accident” (AOA) and “Aggregate limit on the policy period” (AOP) and in
no case should be for an amount less than stated in the contract.
v) If the Consultant enters into an agreement with NHAI in a joint venture or

‘in association’, the policy must be procured and provided to NHAI by the
joint venture/in association entity and not by the individual partners of
the joint venture/association.
vi) The contract may include a provision thereby the Consultant does not
cancel the policy midterm without the consent of NHAI. The insurance
company may provide an undertaking in this regard.
(b) This limitation of liability shall not affect the Consultants' liability, if any, for
damage to Third Parties caused by the Consultants or any person or firm acting on
behalf of the Consultants in carrying out the Services.
(c) Professional Liability Insurance may be accepted for initially one year which shall
be extended annually for five years. PLI shall be uniformly taken for a period of
five years.
3.5 The risks and the coverage shall be as follows
(a) Third Party motor vehicle liability insurance as required under Motor Vehicles
Act, 1988 in respect of motor vehicles operated in India by the Consultants or
their Personnel or any Sub-consultants or their Personnel for the period of
consultancy.
(b) Third Party liability insurance with a minimum coverage, of Rs. 1.0 million
for the period of consultancy.
(c) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy,
with a minimum coverage equal to estimated remuneration and reimbursable.
114
(d) Employer's liability and workers' compensation insurance in respect of the

Personnel of the Consultants and of any Sub-consultant, in accordance with
the relevant provisions of the Applicable Law, as well as, with respect to such
Personnel, any such life, health, accident, travel or other insurance as may be
appropriate; and
(e) Insurance against loss of or damage to (i) equipment purchased in whole or in

part with funds provided under this Contract, (ii) the Consultants' property
used in the performance of the Services, and (iii) any documents prepared by
the Consultants in the performance of the Services.
3.7(c) The other actions are
"(i) taking any action under a civil works contract designating the Consultants as
"Engineer", for which action, pursuant to such civil works contract, the written
approval of the Client as "Employer" is required".
3.9 The Consultants shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Client.
4.6 "The person designated as Team Leader cum Sr. Highway Engineer in Appendix C
shall serve in that capacity, as specified in Clause GC 4.6."
6.1(b)
The ceiling in local currency is:
6.2(a) "Payments for remuneration made in accordance with Clause GC 6:2(a) in

local currency shall be adjusted as follows :
(i) Remuneration paid in local currency pursuant to the rates set forth in Appendix H
shall be adjusted every twelve (12) months (and, the first time, with effect for the
remuneration earned in the 13th calendar month after the date of the contract) by 5%
per annum for all items of contract inter alia including vehicle hire, office rent,
consumables, furniture etc.
Notwithstanding any other provisions in the agreement in this regard, this

provision will prevail and over ride any other provision to the contrary in this
agreement.
6.2(b (i) (1) It is understood (i) that the remuneration rates shall cover (A) such salaries
and allowances as the Consultants shall have agreed to pay to the Personnel
as well as factors for social charges and overhead, and (B) the cost of
backstopping by home office staff not included in the Personnel listed in
Appendix C, and (C) the Consultants' fee; (ii) that bonuses or other means of
profit-sharing shall not be allowed as an element of overhead, and (iii) that
any rates specified for persons not yet appointed shall be provisional and
shall be subject to revision, with the written approval of the Client, once the
applicable salaries and allowances are known.
115
(2) Remuneration for periods of less than one month shall be calculated on an
hourly basis for actual time spent in the Consultants' home office and
directly attributable to the Services (one hour being equivalent to 1/240th of
a month) and on a calendar-day basis for time spent away from home office
(one day being equivalent to 1/30th of a month).
6.2(b)(ii) The rates for local Personnel are set forth in Appendix Hl
6.3 (a) Deleted.

6.3(b)(i) Remuneration for local Personnel shall be paid in local currency.
6.3(b)(iii) The reimbursable expenditures in local currency shall be the following :
1) a per diem allowance at a rate in local currency equivalent to

[Note: Name agreed foreign currency specified in Clause SC 6.3 (a) per day,
for each of the short-term foreign Personnel (i.e. with less than twelve (12)
months consecutive stay in India) for the first sixty (60) days during which
such Personnel shall be in India;
2) a per diem allowance at a rate in local currency equivalent to [Note:

Name agreed foreign currency specified in Clause SC 6.3(a) per day, for each
of the short-term foreign Personnel for each day in excess of sixty (60) days
during which such Personnel shall be in India;
3) a living allowance for each of the long-term foreign Personnel (twelve (12)
months or longer consecutive stay in India) at the rates specified in Appendix
H;
4) the cost of the following locally procured items: local transportation, office
accommodations, camp facilities, camp services, subcontracted services, soil
testing, equipment rentals, supplies, utilities and communication charges
arising in India, all if and to the extent required for the purpose of the
Services, at rates specified in Appendix H;
5) the cost of equipment, materials and supplies to be procured locally in India as

specified in Appendix H;
6) the local currency cost of any subcontract required for the Services and
approved in writing by the Client;
7) any such additional payments in local currency for properly procured items as the
Parties may have agreed upon pursuant to the provisions of Clause GC
6.1(c); and
8) the cost of such further items as may be required by the Consultants for the
purpose of the Services, as agreed in writing by the Client.
116
6.4(a) the following provisions shall apply to the interest bearing advance payment and
the advance payment guarantee:
1) An advance payment. of 10% of the contract price in proportion to the

quoted Indian currency (INR) in the bid shall be made within 60 days after
receipt and verification of advance payment bank guarantee. The advance
payment will be set off by the Client in equal instalments against the
statements for the first 12 months
of the Service until the advance payment has been fully set off.
2) The bank guarantee shall be in the amount of the advance payment
3) Interest rate shall be 10% per annum (on outstanding amount) for local
currency,.
6.4 (c) The interest rate is 6% per annum for local currency .
6.4(e) The accounts are:
- For local currency:

[Note: Insert account number, type of account and name and address of the Bank]
8.2 Disputes shall be settled by arbitration in accordance with the following

provisions:
8.2.1 Selection of Arbitrators
Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or

an arbitration panel composed of three arbitrators, in accordance with the
following provisions:
(a) Where the Parties agree that the dispute concerns a technical matter, they
may agree to appoint a sole arbitrator or, failing agreement on the identity of
such sole arbitrator or within thirty (30) days after receipt by the other Party
of the proposal of a name for such an appointment by the Party who initiated
the proceedings, either Party may apply to the President, Indian Roads
Congress, New Delhi, for a list of not fewer than five nominees and, on
receipt of such list, the Parties shall alternately strike names there from, and
the last remaining nominee on the list shall be the sole arbitrator for the
matter in dispute. If the last remaining nominee has not been determined in
this manner within sixty (60) days of the date of the list, the President,
Indian Roads Congress, New Delhi, shall appoint, upon the request of either
Party and from such list or otherwise, a sole arbitrator for the matter in
dispute.
(b) Where the Parties do not agree that the dispute concerns a technical matter,
the Client and the Consultants shall each appoint one arbitrator, and these
two arbitrators shall jointly appoint a third arbitrator, who shall chair the
arbitration panel. If the arbitrators named by the Parties do not succeed in
appointing a third arbitrator within thirty (30) days after the latter of the two
117
arbitrators named by the Parties has been appointed, the third arbitrator shall,
at the request of either Party, be appointed by Secretary, the Indian Council
of Arbitration, New Delhi.
(c) If, in a dispute subject to Clause SC 8.2.1 (b ), one Party fails to appoint its
arbitrator within thirty (30) days after the other Party has appointed its
arbitrator, the Party which has named an arbitrator may apply to the
Secretary, Indian Council of Arbitration, New Delhi, to appoint a sole
arbitrator for the matter in dispute, and the arbitrator appointed pursuant to
such application shall be the sole arbitrator for that dispute.
8.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with procedures of
the Arbitration & Conciliation Act 1996, of India unless the Consultant is a
foreign national/firm, where arbitration proceedings shall be conducted in
accordance with the rules of procedure for arbitration of the United Nations
Commission on International Trade Law (UNCITRAL) as in force on the date of
this Contract.
8.2.3 Substitute Arbitrators
If for any reason an arbitrator is unable to perform his function, a substitute shall
be appointed in the same manner as the original arbitrator.
8.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs
(a) through (c) of Clause 8.2.1 hereof shall be an internationally/nationally
recognized legal or technical expert with extensive experience in relation to
the matter in dispute.
8.2.5 Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the parties, be held in Delhi.
(b) The English language shall be the official language for all purposes; and
(c) The decision of sole arbitrator or of a majority of the arbitrators ( or of the third
arbitrator if there is no such majority) shall be final and binding and shall be
enforceable in any court of competent jurisdiction, and the Parties hereby waive
any objections to or claims of immunity in respect of such enforcement.
(d) Fee structure shall be as indicated below:
S.No. Particulars of fee and other Schedule Amount payable per Arbitrator / per
charges case
1. Arbitrator fee Rs. 15,000/- per day subject to a maximum of Rs. 4
lacs
or
Rs. 2.5 lacs (lump sum) subject to publishing the
Award within 12 months.
118
2. Reading Charges Rs. 15,000/-
3. Secretarial Assistance and Rs. 20,000/-
Incidental Charges (telephone,
fax, postage etc)
4. Charges for Publishing / Rs. 20,000/-
declaration of the Awad
5. Other expenses (As per actual against bills subject to maximum of the prescribed ceiling
given below)
Traveling Expenses Economy class (By Air), First Class AC (By Train)
and AC Car (By Road)
Lodging and Boarding (a) Rs. 15,000/- per day (in metro cities)
(b) Rs. 7,000/- per day (in other cities)
(c) Rs. 3,000/- per day, if any Arbitrator makes
their own arrangements.
6. Local Travel Rs. 1,500/-
7. Extra Charges for days other than Rs. 3,500/- per day
hearing / meeting days (maximum
for 2 days)
Note: 1. Lodging, boarding and traveling expenses shall be allowed only for those members
who are residing 100 kms. away from place of meeting.
2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be considered as
Metro Cities.
119
IV. APPENDICES
Appendix A: Description of the Services
[Give detailed descriptions of the Services to be provided; dates for completion of various tasks,
place of performance for different tasks; specific tasks to be approved by Client, etc.]
Details as per TOR
120
Appendix B: Reporting Requirements
[List format, frequency, contents of reports and number of copies; persons to receive them;
dates of submission, etc. If no reports are to be submitted, state here "Not applicable".}
Please refer TOR
121
Appendix C: Key Personnel and Sub-consultants
[List under: C-l Titles [and names, if already available}, detailed job descriptions
and minimum qualifications. experience of Personnel to be assigned
to work in India, and staff- months for each.
C-2 Same information as C-l for Key local Personnel.
C-3 Same as C-l for Key foreign Personnel to be assigned to work

outside India.
C-4 List of approved Sub-consultants [if already available]; same

information with respect to their Personnel as in C-l through C-4)
122
Appendix D: Medical Certificate
[Show here an acceptable form of medical certificate for foreign Personnel to be stationed
in India. If there is no need for a medical certificate, state here: "Not applicable. "]
123
Appendix E: Hours of Work for Key Personnel
The Consultants Key personnel and all other Professional / Sub Professional / Support
Staff / Sub-Consultancy personnel shall work 6 days (Mondays through Saturday) every
week and observe the Gazetted Holidays of Government of India as Holidays. The
Consultant shall work as per the work program of the concessionaire. In this context
incase the work plan of the Consultant needs suitable modifications, the same shall be
carried out and submitted to the client for consideration. The Consultants hours of work
normally shall match with that of Contractor’s activities on the site. No extra remuneration
shall be claimed or paid for extra hours of work required in the interest of Project
completion.
In respect of foreign personnel, one day per trip as travel time from and to the country of
the Government shall be allowed.
124
Appendix F:
Duties of the Client
1. Access to the quality control laboratory for performing various

types of tests, which will be provided by the concessionaire
including the testing personnel.
2. To provide Concessionaire’s RFP, Bid submission, Concession

Agreement, Data and information for field surveys and
investigations
3. To ensure availability of the Detailed Work plan and Programme

for Design and Construction of Project Highways from
Concessionaire.
4. To ensure availability of the Quality Assurance Plan and Quality

Control Procedures from the Concessionaire.
5. To provide relevant reports and necessary data as per the

reporting obligation of concessionaire under the concession
Agreement.
6. Necessary letters, which will be required for Visa’s of foreign

personnel and procuring other services by the consultant for
performing project services.
125
Appendix G: Cost Estimates of Foreign Consultants
List here under cost estimates of foreign consultants in local currency:
1. Monthly rates for foreign Personnel (Key Personnel and other Personnel)
2. Reimbursable/Rental/Fixed expenditures:
a. Per diem allowances.
b. Air transport for foreign Personnel.
c. Air transport for dependents.
d. Transport of personal effects.
e. International communications.
f. Printing of documents specified in Appendices A and B hereof
g. Acquisition of specified equipment and materials to be imported by the

Consultants and to be paid for by the Client (including transportation to
India).
h. Other expenditures, like use of computers, foreign training

of Client's staff, various tests, etc.
126
Appendix H: Cost Estimates in Local Currency
List hereunder cost estimate in local currency:
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable/Rental/Fixed expenditures as follows:
a. Per diem rates for subsistence allowance for foreign short-term Personnel
plus estimated totals.
b. Living allowances for long-term foreign Personnel, plus estimated totals.
c. Cost of local transportation.
d. Cost of other local services, rentals, utilities, etc.
127
Appendix I: FORM OF PERFORMANCE SECURITY

(PERFORMAMANCE BANK GUARANTEE)
(Clause-20 of TOR)
To
The Chairman,
National Highways Authority of India, G-
5 & 6, Sector-10,
Dwarka,
New Delhi –110 075
India
WHEREAS
[Name and address of Consultants]1 (hereinafter called “the consultants”)
has undertaken, in pursuance of Contract
No. dated to provides
the services on terms and conditions set forth in this Contract
[Name of contract and brief
description of works) (hereinafter called the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the
Consultants shall furnish you with a Bank Guarantee by a recognized bank
for the sum specified therein as security for compliance with his obligations
in accordance with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank

Guarantee;
128
NOW THEREOF we hereby affirm that we are the Guarantor and

responsible to you, on behalf of the Consultants up to a total of
2
[amount of Guarantee]
[in words], such sum
being payable in the types and proportions of currencies in which the
Contract Price is payable, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of
[amount of Guarantee] as aforesaid without
your needing to prove or to show grounds or reasons for your demand for the
sum specified therein.
We hereby waive the necessity of your demanding the said debt from the
Consultants before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms

of the Contract or of the services to be performed there under or of any of the
Contract documents which may be made between you and the Consultants shall
in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change
in the constitution of the consultants or of the Bank.
Notwithstanding anything contained herein before, our liability under this

guarantee is restricted to Rs.
(Rs. ) and the guarantee shall remain valid
till . Unless a claim or a demand in writing is made upon us on or before
all our liability under this guarantee shall cease.
This guarantee shall be valid for a period of 38 months i.e. upto 2 months beyond the
expiry of contract of 36 months.
Signature and Seal of the Guarantor In presence of
129
Name and Designation 1.
(Name, Signature &

Occupation)
Name of the Bank
Address 2.
(Name & Occupation)
Date
1
Give names of all partners if the Consultants is a Joint Venture.
130
Appendix J: Form of Bank Guarantee for Advance Payments

(Reference Clause 6.4(a) of Contract)
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
Ref: Bank Guarantee:
Date:
Dear Sir,
In consideration of M/s. (hereinafter referred as the "Client", which

expression shall, unless repugnant to the context or meaning thereof include it successors,
administrators and assigns) having awarded to M/s.
(hereinafter referred to as the "Consultant"
which expression shall unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns), a contract by issue of client's Contract
Agreement No. dated and the same having been
unequivocally accepted by the Consultant, resulting in a Contract valued at
for Contract (hereinafter called the "Contract")
(scope of work)
and the Client having agreed to make an advance payment to the Consultant for
performance of the above Contract amounting to (in words and figures) as an advance
against Bank Guarantee to be furnished by the Consultant.
We (Name of the Bank) having its Head Office at

(hereinafter referred to as the Bank), which expression shall,
unless repugnant to the context or meaning thereof, include its successors, administrators
executors and assigns) do hereby guarantee and undertake to pay the client immediately
on demand any or, all monies payable by the Consultant to the extent of
- as aforesaid at any time upto
@ without any
demur, reservation, contest, recourse or protest and/or without any reference to the
consultant. Any such demand made by the client on the Bank shall be conclusive and
binding notwithstanding any difference between the Client and the Consultant or any
dispute pending before any Court, Tribunal, Arbitrator or any other authority. we agree
that the Guarantee herein contained shall be irrevocable and shall continue to be
enforceable till the Client discharges this guarantee.
The Client shall have the fullest liberty without affecting in any way the liability of the
Bank under this Guarantee, from time to time to vary the advance or to extend the time for
performance of the contract by the Consultant. The Client shall have the fullest liberty
without affecting this guarantee, to postpone from time to time the exercise of any powers
vested in them or of any right which they might have against the Client and to exercise the
same at any time in any manner, and either to enforce or to forebear to enforce any
covenants, contained or implied, in the Contract between the Client and the Consultant
any other course or remedy or security available to the Client. The bank shall not be
relieved of its obligations under these presents by any exercise by the Client of its liberty
with reference to the matters aforesaid or any of them or by reason of any other act or
131
forbearance or other acts of omission or commission on the part of the Client or any other
indulgence shown by the Client or by any other matter or thing whatsoever which under
law would but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the Consultant and notwithstanding any security or other guarantee that the Client
may have in relation to the Consultant's liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is
limited to and it shall remain in force upto and including
and
shall be extended from time to time for such period (not exceeding one year), as may be
desired by M/s. on whose behalf
this guarantee has been given.
Dated this day of
200 at
WITNESS
(signature)
(Signature)
(Name)
(Name)
(Official Address) Designation (with Bank stamp)
Attorney as per Power of
Attorney No.
Dated
Strike out, whichever is not applicable.
132
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank
who issues the "Bank Guarantee”.
Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign
commercial Bank acceptable to client for Foreign Consultant with counter guarantee
from Nationalized Bank. Bank guarantee furnished by Foreign consultant shall be
confirmed by any Nationalized Bank in India.
133
Appendix K
Letter of invitation
134
Appendix L
Letter of Award
135
Appendix M
Minutes of pre-bid meeting
136
Appendix-N
Memorandum of Understanding
between
_____________________
And
__________________________
Whereas National Highways Authority of India (hereinafter called NHAI) has

invited proposal for appointment of Independent Engineer for __________________
(Name of project) hereinafter called the Project.
And Whereas _________________ (Lead Partner) and _______________ JV

partner/s have agreed to form a Joint Venture to provide the said services to NHAI as
Independent Engineer; and
Now, therefore, it is hereby agreed by and on behalf of the partners as follows:
(i) ___________ will be the lead partner and ____________ will be the other JV
partner/s.
(ii) ______________ (lead partner) shall be the incharge of overall

administration of contract and shall be authorised representative of all JV
partners for conducting all business for and on behalf of the JV during the
bidding process and subsequently, represent the joint venture for and on
behalf of the JV for all contractual matters for dealing with the
NHAI/Concessionaire if Consultancy work is awarded to JV.
(iii) All JV partners do hereby undertake to be jointly and severely responsible for
all the obligation and liabilities relating to the consultancy work and in
accordance with the Terms of Reference of the Request for Proposal for the
Consultancy Services.
(iv) Subsequently, if the JV is selected to provide the desired consultancy

services, a detailed MOU indicating the specific project inputs and role of
each partner/s along with percentage sharing of cost of services shall be
submitted to NHAI (Consultant may submit the detailed MOU along with
percentage sharing of cost at the time of bidding also).
137
For____________________ (Name of Lead partner)
_______________________
Managing Director/Head of the Firm
Address
For____________________ (Name of JV partner/s)
_______________________
Managing Director/Head of the Firm
Address
138
PROCEDURE UNDER E-TENDERING
INSTRUCTIONS TO APPLICANTS
(Note: RFP stands modified to the extent required as per these instructions).
Independent Engineer services for *** on BOT (Toll) Basis*** in the State of ***
under NHDP Phase ***.
DEFINITIONS
a) C1 India Limited: A service provider to develop and customize the software and
facilitate the process of e-tendering on application service
provider model.
b) NHAI e-Procurement Portal: An e-tendering portal of National Highways

Authority of India (“NHAI”) introduced for the process of e-
tendering which can be accessed on https://nhai.eproc.in
Words in capital and not defined in this document shall have the same meaning as in the
Request for Proposal (“RFP”).
1) ACCESSING/PURCHASING OF BID DOCUMENTS:
(i) It is mandatory for all the Applicants to have Class-III digital signature
certificate (with both Signing and Encryption certificate)(in the name of
person who will sign the Application) from any of the licensed certifying
agency (“CA”) [Applicants can see the list of licensed CAs from the link
www.cca.gov.in] to participate in e-tendering of NHAI. The authorized
signatory holding Power of Attorney shall only be the Digital signatory. In
case authorized signatory holding Power of Attorney and Digital
Signatory are not the same, the bid shall be considered non-responsive
(ii) To participate in the submission of the Application against the RFP, it is
mandatory for the bidders to get registered their firm/Consortium with e-
tendering portal https://nhai.eproc.in to have user ID and password which
has to be obtained by submitting an annual registration charges of INR
2300/-(inclusive of all taxes to M/s C1 India Pvt Ltd.) through e-payment
gateway. Validity of online registration is 1 year and shall subsequently
be got renewed. Henceforth there will be no need of physical submission
of Demand Draft for the same.
(iii) RFP can be viewed/downloaded, free of cost w.e.f. 23.09.2016 till

23.10.2016 up to 17:00 hours.
Following may be noted:

(a) Applications can be submitted only during the validity of
registration with the https://nhai.eproc.in .
139
(b) The amendments/clarifications to the RFP, if any, will be posted
on the NHAI website.
(iv) To participate in bidding, Applicants have to pay a sum of Rs. 5,000/- (Rs.
five thousand only) as a cost of the RFP (non-refundable) to “National
Highways Authority of India” through e-payment gateway. To
Participate in bidding, Applicants have also to pay a sum of and Rs.
1,295/- (One Thousand Two Hundred Ninety Five Only) inclusive of all
taxes towards Tender Processing fee (Non-Refundable) in favour of “M/s
C1 India Pvt Limited” through e-payment gateway on e-tender portal
https://nhai.eproc.in. Henceforth there will be no physical submission of
Demand Draft for the same.
(v) If the Applicant has already registered with the https://nhai.eproc.in and
validity of registration has not expired, then such Applicant does not
require fresh registration.
2) PREPARATION AND SUBMISSION OF APPLICATIONS:
i. Detailed RFP may be downloaded from https://nhai.eproc.in and the Bid

may be submitted online following the instructions appearing on the
screen. A Vendor manual containing the detailed guidelines for e-
tendering system is also available on https://nhai.eproc.in.
ii. The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be uploaded on the

https://nhai.eproc.in) [Refer to Clause 4.3 of section 2 of RFP]
(a) Technical proposal as indicated in para ‘B’ below

(b) Financial proposal as per format prescribed in SECTION-5 OF
RFP.
B. Original (in Envelope) [Refer to Clause 4.3 of section 2 of RFP]
(I) Technical Proposal in Hard Bound including:
(a) Power of Attorney for signing the Application

(b) If applicable, the Power of Attorney for Lead Member of JV;
(c) Copy of Memorandum of Understanding between JV partners,
if applicable;
(d) Copy of Memorandum of Understanding with Associate, if
applicable
(e) Firms credentials as per format prescribed in SECTION-3 OF
RFP.
(f) Technical proposal as per format as prescribed in SECTION-4
OF RFP.
140
(II) Receipt of online payment towards cost of RFP of Rs. 5,000/- (Rupees
Five thousand only) in favour of National Highways Authority of India;
(III) Online Receipt of payment of Application processing fee of Rs. 1,295/-
(Twelve Hundred Ninety Five Only) inclusive of all taxes in favour of
M/s C1 India Private Limited, New Delhi electronically.
(IV) Duly executed ‘Integrity Pact’ as per enclosed format [Appendix B-9].
iii. The Applicant shall submit the original documents specified above in
point no.2 (ii)B together with their respective enclosures and seal it in an
envelope and mark the envelope as “Technical Proposal” for the Project
for which proposal is submitted and name and address of the Applicant.
The envelope must be clearly marked “DO NOT OPEN, EXCEPT IN
THE PRESENCE OF THE EVALUATION COMMITTEE”. In
addition, the Application due date should be indicated on the right hand
corner of the envelope. The original documents should be submitted
before 11:00 hours Indian Standard Time on the Application due date at
the below mentioned address in the manner and form as detailed in the
RFP. A receipt thereof should be obtained from the below mentioned
person.
ATTN.OF: Shri ****

DESIGNATION General Manager (T) ****
ADDRESS National Highways Authority of India,
G-5&6, Sector 10, Dwarka,
New Delhi-110 075
Phone No.: +91-11-25074100-200 (Extn.: 2221 )
FAXNO: +91-11-25074100-200 (Extn.:…….)
E-MAILADDRESS:
iv. The Applicant shall upload scanned copies of the documents as specified
in point nos. 2 (ii) (A) & (B) above on the https://nhai.eproc.in before
11:00 hours Indian Standard Time on the Application due date. No hard
copy of the documents as specified in point nos. 2 (ii) (A)(b) above is
required to be submitted. In the event of any discrepancy between the
original and the copy (in electronic form), the original shall prevail.
v. It may be noted that the scanned copies can be prepared in file format i.e.
PDF and/or ZIP only. The Applicants can upload a single file of size of 10
MB only but can upload multiple files.
3) ADDENDUM TO THE RFP:
Any Addendum to the RFP shall be uploaded only on the https://nhai.eproc.in.
4) Modification / Substitution/ Withdrawal of bids:

141
(i) The Bidder may modify, substitute or withdraw its e- bid after submission prior
to the Bid Due Date. No Bid shall be modified, substituted or withdrawn by the
Bidder on or after the Bid Due Date.
(ii) Any alteration/modification in the Bid or additional information supplied
subsequent to the Bid Due Date, unless the same has been expressly sought for by
the Authority, shall be disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal
and upload/resubmit digitally signed modified bid.
(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal
and can withdraw its e-bid.
(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal of a
bid for any reason, bidder cannot re-submit e-bid again.
5. OPENING AND EVALUATION OF APPLICATIONS:
(i) Opening of Proposals will be done through online for Financial Proposal
and both on-line and manually for Technical Proposal.
(ii) For participating in the tender, the authorized signatory holding Power of
Attorney shall be the Digital Signatory. In case the authorized signatory
holding Power of Attorney and Digital Signatory are not the same, the bid
shall be considered non-responsive.
The Authority shall open Envelope containing Technical Proposal received as

mentioned in point nos. 2 (ii) B at 11:30 hours Indian Standard Time on the
Application due date in the presence of the Applicants who choose to attend. This
Authority will subsequently open the Technical Proposal as mentioned in point
no.2 (ii) A(a) above and evaluate the Applications in accordance with the
provisions set out in the RFP.
(iii) The Financial Proposal 2 (ii) A (b) will be opened of the short listed
applicants who qualify for financial opening as per RFP. The date of opening of
Financial Proposal will be notified later on.
DISCLAIMER
The Applicant must read all the instructions in the RFP and
submit the same accordingly
142

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NATIONAL HIGHWAYS AUTHORITY OF INDIA

(MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVT.OF INDIA)

Independent Engineer services for 4-Laning of Rampur-

REQUEST FOR PROPOSAL (RFP)

Sr. No. Particulars

REQUEST FOR PROPOSAL (RFP)

SECTION 1: INFORMATION TO CONSULTANTS

Rampur-Kathgodam/NH-87/PKG-I/II/Hybrid Annuity/UKD/Tech/2015 dated:07.09.2016

1. The National Highways Authority of India (NHAI) invites proposals for

TABLE 1: DETAILS OF PROJECT

Independent Engineer services for 4- 87 Uttar Pradesh Rampur- 43.446/ 30

2. Selection of IE shall be as per selection procedures given in the Model Concession

3. The proposal shall be submitted in English Language and all correspondence

4. The DBFOT/DBOT projects basically constitute up-gradation involving construction

5. NHAI intends to appoint a Consultant to act as Independent Engineer for

* For projects of construction period more than 30 months specific approval

S.No. Experience of the firm in last 7 years Annual Turnover***

Year of completion of services / turnover Enhancement factor

SECTION 2. LETTER OF INVITATION TO CONSULTANTS

(iii) “Collusive practices” means a scheme or arrangement between two

2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS

Part 1: Technical Proposal and

Part 1: Technical Proposal

v. For Key Personnel e.g. Team Leader, Resident-cum-Highway Engineer,

e. All the CVs which are to be evaluated should be complete in all

x. Any additional information.

Part 2: Financial Proposal

4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

6.5 It is the responsibility of the Consultant, before starting financial negotiations,

Sub clause No. in Letter of Invitation to Consultants

General Manager (T) (Uttarakhand)

3.1 The Language of documents and correspondence will be English

S. No. Description Marks

Average Annual Turnover (last 5 years) from consultancy business 2

In case of JV the turnover and experience details of Lead and JV partners to be

Comments & Suggestions on TOR 1

*Consultants should give details of the experience of the firm

(iii) Qualification and competence of following professional/sub-professional staff for

S. No Staff Position Marks.

6 Senior Pavement Specialist 6

Sub criteria for qualification of key Personnel (i.e. Professional staff)

(Refer para 5.3(i) of Section 2, Data Sheet of RFP)

S. No. Description Max. Reference/ Marks

1 Average Annual Turnover (last 5 years or in each of the preceding 2

5 Experience in Construction Supervision/DPR/Design Review of 3

1 project - 2.0 marks

6 Additional requirement in case of specialized projects*** ***

3.1 Team Leader cum Senior Highway Engineer

S. Description Max. Reference/D Marks

I) Graduate in Civil Engineering 21 25

II) Post Graduation in

III) Degree/Diploma/Certificate in Project 01

i) Total Professional Experience in handling Highway 10

ii) Experience as Team Leader or similar capacity in 15

Note: (1) Similar Capacity includes the following positions

i) On behalf of Consultant: Team Leader/Resident Engineer (Construction

S. No. Description Max. Reference/ Marks

II) Post Graduation in Structural Engineering 04

6 Additional requirement in case of specialized projects* *