653 File0619711733

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GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT & HIGHWAYS
NATIONAL HIGHWAYS AUTHORITY OF INDIA
CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER FOR SUPERVISION OF

“Construction of Dwarka expressway from shiv Murti Intersection at km 20 of
NH 8 till Rail under Bridge (RuB) near Dwarka Sector 21, from km -0.800 to
5.300 –Package-I in Delhi ” ON EPC mode.
REQUEST FOR PROPOSAL (RFP)
April 2018
Plot No. G-5 & 6, Sector – 10, Dwarka, New Delhi – 110 075
Sr. No. Particulars Page Nos.
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.
8 Procedure for E tendering
National Highways Authority of India Request for Proposal for AE
REQUEST FOR PROPOSAL (RFP)
SECTION 1: INFORMATION TO CONSULTANTS
Sub.: CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER FOR SUPERVISION OF

“Construction of Dwarka expressway from shiv Murti Intersection at km 20 of NH 8
till Rail under Bridge (RuB) near Dwarka Sector 21, from km -0.800 to 5.300 –
Package-I in Delhi ” ON EPC mode.
GENERAL:-
1. The National Highways Authority of India(NHAI) (the ‘ Employer’) invites

proposals from eligible consultant for engaging Authority’s Engineer (AE) on the
basis of International Competitive Bidding for the following contract package
in the State of DELHI
TABLE 1: DETAILS OF PROJECT
S Consultancy NH No. State Project Stretch Project Length Assignment

No Package (Km) / period
Project Cost (Cr.) (months)
1 248-BB Delhi Km. -0.8000 to 6.1/1482.59 72
1 km. 5.300
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 AE shall be as per selection procedures given in the Model Agreement

for Engineering Procurement and Construction. The selected AE shall be
intimated to the Contractor.
3. The proposal shall be submitted in English Language and all correspondence

would be in the same language.
4. National Highway Authority of India (Name of Employer) intends to appoint a

Consultant to act as Authority’s Engineer for implementation of this EPC
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project. As per the Terms and Conditions of the EPC Agreement (s), the
Authority’s Engineer shall perform all the duties as per TOR given in this RFP
alongwith any amendment thereof. The selection of Authority’s Engineer shall
follow the laid down procedures given in the Contract Agreement signed
between Employer and Contractor.
5. The interested consultancy firms may download the RFP document from the official
website of the Employer 03.05.2018 to 04.06.2018 upto 1100 hrs. The
Consultant who download the RFP document from the website 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.
6. Unqualified bidders would be informed regarding their non qualification, without
any explanation.
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. For a given EPC 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 only be
considered for further evaluation. Under stage 2, the financial proposal of such
firms as selected above shall be opened and evaluated. Proposals will finally be
ranked according to their combined technical and financial scores as specified in
clause 5 of section 2.
8. The total time period for the assignment as Authority’s Engineer will be for
Construction Period of 24 months + Maintenance Period of 48 Months with
reduced man power.
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 2 (i.e. one lead + 1 JV partners). Formulation of more than
one JV/association with different partners for the same work is not allowed and
all such proposal involving the firms shall be treated as non-responsive. If the
consultant submits bids as sole applicant and also in JV/Association with another
consultant, both bids shall be summarily rejected. No consultant shall submit
more than one bid.
10. (A) The Applicant whether a sole applicant or lead member with joint venture may
include any number of Associate to provide technology in assignment (refer para
10 (iii) of data sheet). The associate firm can provide equipment based road
inspection services for any of the 4 equipment viz., (i) Network Survey Vehicle
including all modules required as per technical specifications, (ii) Falling Weight
Deflectometer, (iii) Mobile Bridge Inspection Unit and (iv) Retro Reflectometer.
However, the associate(s) cannot be common for 2 or more bidders. If any
associate is common with 2 or more bidders, all those bids shall be declared non-
responsive. Hence, the bidder may ensure on his own that the associate proposed
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by him is not proposed by any other bidder participating in the same assignment
and the bidder is solely responsible in this regard.
(B) In addition, the applicant whether a sole applicant or lead member with
joint venture may also include an Associate for providing key personnel. In
such case, the applicant should submit an MOU with associate regarding role
and responsibility of Associate Company. However the maximum no. of key
personnel from Associate firm during RFP proposal and implementation of
contract should be limited to two (2).
11. Consulting firms meeting the following criteria are only eligible for applying for
this assignment. Firms not meeting these criteria, need not apply.
* The construction period to be indicated in the RFP by concerned Technical Division

inviting the RFP.
A). Eligibility criteria for sole applicant firm.
S.No. Experience of the firm in last 7 years Annual Turnover***

Preparation of DPR Project Supervision/IC
(NH/SH/Equivalent) (NH/SH/Equivalent)
1 (a). The firm should have The firm should have Annual turnover (updated
minimum experience minimum experience of average of last 3 years) of
of preparation of Project the firm from consultancy
detailed Project Supervision/Independent business should be equal
Report / Feasibility Engineer/ Authority’s to or more than 2% of
Study cum Engineer of project which Estimated Project Cost.
Preliminary Design has 4** lane or more
Report which has 4** Bridge/ Underpass /
lane or more Bridge/ Flyover of aggregate
Underpass / Flyover length equal to 18 km or
of aggregate length more.
equal to 12 km or
more.
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1 (b) Firm should also have
experience of Project
Supervision/Independent
Engineer/ Authority’
Engineer of at least one
project of similar category
of 4** or more lane bridge
/ Underpass / Flyover
project of length equal to
2.4 km or more. For this
purpose the metro
projects ( Viaducts ) shall
be considered.
**Similar project means 4 lane or more as applicable for the project for which RFP is invited.
Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects.
B) Eligibility Criteria for partners in case of JV (not more than 1 JV partners shall be
allowed) shall be as under:
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 30% of eligibility criteria as indicated at 1(a) of
table in para (A) above. Also the lead partner and JV partner jointly should meet 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. If the applicant firm has completed projects as JV
with some other firms, weightage shall be given as per the JV share***. However if the
applicant firm has executed the project as associate with some other firms, 25%
weightage shall be given to the applicant firm for the projects completed under such
association.
*** For weightage of experience in any past Consultancy assignment, experience certificate
from the client shall be submitted. In absence of clear demarcation of JV share in client
certificate, the weightage will be treated as 60 % for lead partner and 40% for minor
partner. 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 Enhancement factor

completion of services /
turnover
Financial year in which RFP 1.00
invited
One year prior to RFP 1.10
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Two year prior to RFP 1.21
Three year prior to RFP 1.33
Applicant should indicate actual figures of costs and amount for the works executed by
them without accounting for the above mentioned factors.
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 consultancy services pertaining to
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 do not fulfil the
aforesaid condition as on last date of submission of proposal, need not apply as their RFP
proposal will not be entertained.
14. Employer will not be responsible for any delay, loss or non-receipt of RFP document sent
by post/courier. Further, Employer 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 two parts of the Proposal (Technical proposal and Financial proposal) must be
submitted on-line with all pages numbered serially, along with an index of submission as
per procedure under e-tendering. The technical proposal is also required to be
submitted in a hard bound form exactly as per submission made online with
all pages numbered serially alongwith an index of submission. (Hard bound
implies binding between two covers through stitching or otherw ise whereby it
may not be possible to replace any paper without disturbing the documents).
Spiral bound form, loose form, etc. will be not accepted. The Financial
proposal is to be submitted online only. Submission in any other form shall not be
acceptable. In the event, any of the instructions mentioned herein have not been
adhered to, the Employer 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.
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18. RFP submission must be received not later than 1100 hrs on 05.06.2018 in the
manner specified in the RFP document at the address given below.
Address of Employer:
Shri Dinesh Yadav

General Manager (Tech) –Delhi Division.
National Highways Authority of India
G-5&6, Sector10, Dwarka
NewDelhi110075.
(Tel:-011-25074100/4200 Ext 1232)
(E-mail-dineshyadav@nhai.org)
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 AE to submit a proposal for providing consulting services
required for the assignment named in the attached Letter of Invitation.
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 Construction Period (24 Months) and
Maintenance Period (48 Months).
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)
Employer 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 Deleted
1.7 Deleted
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
8
and/or any other action as deemed fit by the Authority at any stage.
1.9 It is the Employer’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 Employer:
(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 Employer to inspect their accounts and records relating to
the performance of the contract and to have them audited by
authorized representatives of Employer.
1.10 Consultants, their JV partner, 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 the process 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, consultants could seek replacement upto a maximum of 50%
key personnel . 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 remuneration shall not
be reduced for any such replacement(s). However, the technical evaluation
shall take into account of the originally submitted CV(s) only irrespective of
replacement sought.
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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 Employer’s web-site.
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
Employer’s website 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) in 2 separate envelopes/ packages and
put together in one single outer envelope/package. The two parts shall be:
Part 1: Technical Proposal and
Part 2: Financial Proposal.
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 or inclusion of
Associate company, 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.
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.. 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. Applicant shall submit the details of the period of employment
10
of the proposed personnel 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. Deleted
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 by the consultant and their JV
partner, separately.
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. Site Appreciation: limited to four A4 size pages in 1.5 space and 12 font
including photographs, if any;
iv. Proposed methodology for the execution of the services illustrated with bar charts
of activities, including any change proposed in the methodology of services
indicated in the TOR, and procedure for quality assurance: Maximum 4 pages;
v. The proposed methodology should be accompanied by the consultants initial view,
key challenges they foresee and potential solutions. It should also include details
on adoption of superior technology along with proof: limited to six A4 size pages
in 1.5 space and 12 font including photographs;
vi. The proposal shall indicate as to whether the firm is having the facilities for
carrying out the following field activities or these are proposed to be outsourced to
specialized agencies.
 Surface defects detection and roughness measurement using Network Survey

Vehicle
 Pavement strength measurement using FWD
 Bridge inspection using Mobile Bridge Inspection Unit
 Road signs inspection using Retro Reflectometer
vii. Proposed Quality Audit Methodology including Quality Assurance Plan

viii. In case the consultant envisages outsourcing any or all of the above services to the
expert agencies, the details of the same indicating the arrangement made with the
agencies need to be furnished. These agencies would however, be subject to
approval of the client to ensure quality input by such agencies before award of the
work. For out-sourced services, proposed firms/consultants should have such
experience on similar projects.
ix. The composition of the proposed staff team, the tasks which shall be assigned
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to each and their timing;
x. 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 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 projects upto 2 years
may be taken by Employer 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 are such that the key personnel
is able to proportionately devote the given man months for this project.
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 personnel for determining the total score
of the firm. However, if the Key Personnel does not fulfill 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 fulfill 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 all
such Key Personnel (whose CV scores less than 70% or who does not fulfill
the minimum qualification) will have to be replaced by the firm before
signing the contract. The reduction in remuneration of such replacements
shall be 10% for each replacement. In case more than 3 CV scores less
than 70% marks or Team leader cum Highway Engineer 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.
h. 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
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xi. Deployment Schedule for each key personnel should be formulated and
incorporated in the Technical Proposal which will be reviewed on quarterly basis.
xii. 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.
xiii. 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.
Consultants shall be paid billing rates for services as per financial proposal submitted by
them basis . Beginning 13th months from the last date of submission of bid, billing rates
shall be increased to cover all items of the contract i.e. remuneration, vehicle hire,
office rent, consumables, furniture etc @ 5% every 12 months. However, for evaluation
and award of the Bid proposals, the quoted initial rate (as applicable for first 12 months
from last date of submission of bid) shall be multiplied by the total time input for each
position on this contract, i.e. without considering the increase in the billing rates. All
payments shall be made in Indian Rupees and shall be subjected to applicable Indian
laws withholding taxes if any.
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 Indian Rupees only.
3.9 Goods & Service tax as applicable shall be paid to the consultant while making payment
for services rendered. The consultants shall then deposit the same with the tax
authorities and provide a proof of having done so within next 90 days in line with policy
circulars issued by Employer. Employer shall pay only the Goods & service tax..
4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS
4.1 PREPARATION & SUBMISSION OF APPLICATIONS:
i. Detailed RFP may be downloaded from E-tendering portal of Employer and the
Application may be submitted online following the instructions appearing on the
screen.
ii. The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer)
(a) Technical proposal as indicated in para ‘B’ below

(b) Financial proposal as per format prescribed in SECTION-5 OF RFP.
B. Hard copy in Original ( identical to proposal sto be submitted in Sealed Envelop and
also Electronic form to be uploaded on the E-tendering portal of Employer
(I) Technical Proposal in Hard Bound Form including

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(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 prescribed in SECTION-4 OF RFP.
(II) Demand Draft towards cost of RFP of Rs.5,000/- (Rupees Five thousand only) in
favour of National Highways Authority of India;
(III) Bidders have to comply with the OM No. 13030/09/2008-vig dated 28th January,
2013(copy enclosed) regarding Integrity pact.
iii. The Applicant shall submit the original documents specified above in point no.4.1
(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 i.e. on
05.06.2018 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.
(Mention Address of Employer’s Representative)
Shri Dinesh Yadav

NewDelhi110075.
(Tel:-011-25074100/4200 Ext 1232)
iv. The Applicant shall upload scanned copies of the Technical Proposal and Financial
Proposal as specified in point nos. 4.1 (ii) A & B above on the E-tendering portal of
Employer before 11:00 hours Indian Standard Time on the Application due date i.e.
on 04.06.2018 Hard copy of the documents as specified in point nos. 4.1 (ii) B
above only is required to be submitted. Financial Proposal is to be submitted On-
line only and no hard submission is to be made. In the event of any discrepancy
between the original and the copy (in electronic form), the original shall prevail.
4.2 Modification / Substitution/ Withdrawal of bids:
14
(i) The Bidder may modify, substitute or withdraw its e- bid, 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 Employer, 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.
4.3 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 Employer shall open Envelope containing Technical Proposal received as mentioned in
point nos. 4.1 (ii) B at 11:30 hours Indian Standard Time on the Application due date i.e.
05.06.208 in the presence of the Applicants who choose to attend. The Employer will
subsequently open the Technical Proposal as mentioned in point no.4.1 (ii) A(a) above
and evaluate the Applications in accordance with the provisions set out in the RFP.
(iii) The Financial Proposal 4.1 (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.
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 Employer 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.) Only those
Applicants whose Technical proposal score 75 marks or more out of 100 shall qualify for
further consideration. However, if the number of such pre-qualified applications is less
than two, the Employer may, in its sole discretion, pre-qualify the applicant(s) whose
technical score is less than 75 marks.
Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of firms is
finalised, the Employer may notify those consultants whose proposals were not
considered as per conditions of RFP. The Employer shall simultaneously notify the
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
15
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.) and without computational error. 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 lowest financial proposal (FM) will be given a financial score (SF) of 100 points. The
financial scores of other proposals will be computed as follows:
SF= 100 x FM/F (F= amount of financial proposal)
5.8 Proposals will finally be ranked according to their combined technical (ST) and financial
(SF) scores as follows:
S= ST x Tw+SF x Fw
Where S is the combined score, and Tw and Fw are weights assigned to Technical
Proposal and Financial Proposal, that shall be 0.80 and 0.20 respectively.
5.9 The selected Consultant shall be the first Ranked Applicant (H-1, having the highest
combined score). In the event the proposals of two or more consultants have the same
scores in the final ranking, the proposal with the highest technical score should be
ranked first.
6 AWARD OF CONTRACT
6.1 After completion of the evaluation process, the Client shall award the Contract to
the selected Consultant.
6.2 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.
16
DATASHEET
(As Mentioned in Letter of Invitation to Consultants)
Sub clause No. in Letter of Invitation to Consultants
1 Pre-Proposal Conference shall be held at: NHAI HQ on 18.05.2018 at 15.00 hrs.
2 The proposal shall be valid for 120 days after the last date of submission.
3 Clarification may be requested 7 days prior to Pre Proposal Conference. The address for
requesting clarification is:
Shri Dinesh Yadav
NewDelhi-110075.
(Tel:-011-25074100/4200 Ext 1232)
(E-mail: dineshyadav@nhai.org)
4 The Language of documents and correspondence will be English
5 All the personnel shall have working knowledge of English and all the reports etc shall be
written in English.
6 NHAI shall reimburse only G o o d s a n d service tax. Consultant has to assess all other
taxes and should inbuilt them in their financial proposal. These taxes (other than Goods
and service tax) should not be provided separately. Consultants are requested to consult
Tax Consultants for details.
7. The Consultants to ensure that their firms and key personnel should register their
credentials / modules on www.infracon.nic.in as stipulated in MoRT&H Circular No. RW-
NH-35075/1/2010-S&R® dt. 28.10.2015.
8 The Consultants to state cost in INR .
9 The time and date of submission: 1100 hrs on .
10 The points assigned to Technical Evaluation criteria are:

S. No. Description Marks
1 Relevant experience for the assignment 35
2 The quality of methodology and work plan proposed 05
3 Experience in use of technology for road inspection 20
4 Qualifications and competence of the key staff for the assignment 40
Total 100
17
i. Sub criteria for Relevant Experience of the firm for the assignment
Average Annual Turnover (last 3 years) from consultancy business (Min 5 crore) 2
Nos of key personnel with the firm 2
Experience in Project Supervision/Independent Engineer/ Authority’ Engineer of 12
similar category of 4** or more lane bridge / Underpass / Flyover project of length
equal to 2.4 km or more. For this purpose the metro projects (Viaducts) shall be
considered.
Experience in DPR preparation for Number of Highway Projects of length equal to 2.4 6
km or more of 4** lane or more bridge / Underpass / Flyover in last 7 years *. For this
purpose the metro projects (Viaducts) shall be considered.
In hand DPRs for NHAI Projects ( presently under progress) 10
Experience in Construction Supervision/DPR /Design Review of Major structures 3
having viaduct length of more than 32 meter in last 7 years.
* 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.
Experience of Consultant for having offered consultancy services to a private organization
shall also be considered as relevant experience for current assignment, provided the
experience is duly endorsed by the respective Government Agency.
** Similar project means 4 lane or more as applicable for the project for which RFP is
invited. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning
projects.
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
Site Appreciation 1
Quality of Approach and Methodology (approach and initial view on project plan 2
including key challenges envisaged and potential solutions)
Internal Quality Audit Methodology to be adopted (Quality Assurance Plan) 2
Total 5
iii. Sub criteria for Experience in use of technology for road inspection
Maximum Sub-
S.No Description
Points Points
Experience in Network Survey Vehicle (NSV)
1 7
or better technology for pavement inspection
1.1 Own an equipment/MOU with Associate 4
18
Maximum Sub-
S.No Description
Points Points
1.2 1-2 projects 5
1.3 3-5 projects 6
1.4 > 5 projects 7
Experience in Falling Weight Deflectometer
2 (FWD) or better technology for pavement 4
strength measurement
2.2 1-3 projects 3
2.3 > 3 projects 4
Experience in Mobile Bridge Inspection Unit or
3 5
better technology for bridge inspection
3.2 1-2 projects 3
3.3 3-5 projects 4
3.4 > 5 projects 5
Experience in Retro reflectometer technology 4

4
Own an equipment/MOU with Associate
4.1 2
1-3 projects
4.2 3
4.3
> 3 projects 4
Total 20
Note: A. The consultants owning the equipments shall be required to submit proof of ownership.
B. The experience of the associate firms in use of technology shall also be counted in the
evaluation. The experience of firm or associate firm in NSV or equivalent technology, FWD
or equivalent technology, MBIU or equivalent technology and Retro reflectometer or
equivalent technology shall be supported by experience certificate. The experience of a
firm/ associate firm for a private concessionaire/contractor shall be considered only if the
experience certificate is authenticated by the concerned competent Government
department/authority.
iv. 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 Bridge / Structural Engineer 12
2 Bridge/Structural Design Engineer 5
3 Bridge/Structural Engineer-I 5
4 Bridge/Structural Engineer-II 5
5 Resident cum Highway Engineer 5
6 Senior Quality cum Material Engineer 4
7 Road Safety Expert 4
Total 40
19
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.
v) Detailed evaluation criteria which is to be used for evaluation of technical bids is as

indicated below as Appendix-EC.
vi) 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.
vii) 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.
viii) The single currency for price conversion is INR. For evaluation of bid proposals, the
foreign currency conversation rate of 1US Dollar = Rs. and 1 Euro = Rs. - shall be used.
ix) The weightage given to technical proposal is 80%.
The weightage given to financial proposal is 20%.
11. 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 AE.
20
Appendix-EC
1. Evaluation Criteria for Assessment of Experience of the Firm.
Reference with
Marks self
Max. page no./Details of
S. No. Description assessed by
Marks projects Claimed
the bidder
for self assessment
1 Average Annual Turnover (last 3 years) 2
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 2
in RFP) with the firm in 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 in Project 12
Supervision/Independent Engineer/
Authority’ Engineer of similar category
of 4** or more lane bridge / Underpass
/ Flyover project of length equal to 2.4
km or more. For this purpose the metro
projects (Viaducts) shall be
considered.
1 project - 9 marks
Add 1(one) mark extra for completed
assignment of Authority
Engineer/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 preparation for 6
Number of Highway Projects of length
equal to 2.4 km or more of 4** lane or
more bridge / Underpass / Flyover in
last 7 years *. For this purpose the
metro projects (Viaducts) shall be
considered.
1 project - 4 marks
21
Add 0.5 (Zero point five) marks extra
for each additional project subject to
maximum 2 marks.
5 In hand DPRs for NHAI Projects 10
For DPR project length > the length of
project of 6 km -5 Marks
project of 12 km -7.5 Marks
project of 18 km - 10 Marks
6 Experience in Construction 3
Supervision/DPR /Design Review of
Major structures having viaduct length
of more than 32 meter 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.
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: **Similar project means 4 lane or more as applicable for the project for which RFP is
invited. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects.
2. Evaluation Criteria for Adequacy of the Proposed Work Plan and Methodology
Criteria for Adequacy of The Proposed Work Plan and Methodology
Reference with
Marks self
Maximum page no./Details of
Description assessed by the
Marks projects Claimed
bidder
for self assessment
Site Appreciation 1
(i) Average 0.50
(ii) Good 0.75
(iii) Very Good 1.00
Quality of Approach and Methodology 2
(Review of scope of work and design
review, construction supervision
methodology, contract management
approach, safety review/audit and
O&M stage, initial view on project
plan including key challenges
envisaged and potential solutions to
be judged).€
22
(i) Average 0.75
(ii) Good 1.50
Quality Audit Methodology and 2
Quality Assurance Plan
(i) Average 0.75
(ii) Good 1.50
Total Marks 5
3. Evaluation Criteria for assessment of experience in use of technology for road

inspection
Evaluation sheet for assessment of experience in use of technology for road

inspection
Reference with
Marks
page
self
Maximum no./Details of
S.No Description assessed
Points projects
by the
Claimed for self
bidder
assessment
Experience in Network Survey Vehicle
(NSV) or better technology for
pavement inspection
 Own an equipment/MOU with
1 Associate - 4 7
 1-2 projects- 5
 3-5 projects- 6
 >5 projects- 7
Experience in Falling Weight
Deflectometer (FWD) or better
technology for pavement strength
measurement
2  Own an equipment/MOU with 4
Associate - 2
 1-3 projects- 3
 >3 projects- 4
Experience in Mobile Bridge Inspection
Unit (MBIU) or better technology for
3 bridges inspection 5
Associate -2
23
Evaluation sheet for assessment of experience in use of technology for road

inspection
Reference with
Marks
page
self
Maximum no./Details of
S.No Description assessed
Points projects
by the
Claimed for self
bidder
assessment
 1-2 projects -3
 3-5 projects -4
 >5 projects- 5
Experience in Retro reflectometer
technology
4 Associate - 2 4
 1-3 projects- 3
 >3 projects- 4
Total 20
4. Evaluation Criteria for assessment of score of Key Staff for adequacy of the
Assignment.
4.1. Team Leader cum Senior Bridge /Structural Engineer (Maximum age limit 65 years on
Bid due date)
S. No. Description Max. Reference with

Points
page Marks self
no./Details of assessed
projects by the
Claimed for bidder
self assessment
1 General Qualification 25
I) Graduate in Civil Engineering 21 25
II) Post Graduation in Structural / 04

Bridge Engineering/Construction
Management/Highway Engineering
2 Adequacy for the Project 70
a) Professional Experience in Highway
Projects:
24
i) Total Professional Experience in handling 15
Highway contracts
< 15 years -0
15 years -12
Add 1 (one) marks extra for each additional
year of experience subject to maximum 3
(three) marks.
ii) Experience as Team Leader/Resident 15
Engineer/Project Manager/Senior Bridge
Design Engineer or similar capacity in
Highway or metro or railway Projects
including at least one shallow/deep tunnel of
length 1.4 km or more.
< 1 projects -0
1 projects - 10
Add 2.5 (two point five) marks extra for each
additional project subject to maximum 5
(five) marks.
b) Experience as Team Leader/Resident 25
Engineer/Project Manager or similar capacity
i n Constr uct ion Super vi sion/ IE f or
Hi ghway Projects involving at least one
major bridge/flyover of length (viaduct
portion) equal to 32 m or more.
< 2 projects -0
2 Projects -20
Add 2.5 (two point five) marks extra for each
(five) marks.
c) Experience as Team Leader or similar 10
capacity of project Preparation of major
Highway Project of 4/6 laning involving
major bridge/flyover.
1 project - 8
Add 1 mark for each additional project
subject to maximum 2 marks.
d) Experience in Supervision of Highway 5
Construction with major bridges / flyovers
(length 32 m viaduct or more)
No -0
Yes -5
3 Employment with the Firm 5
Permanent staff (those already employed
with the firm prior to one year from the
month during which this Tender Notice is
issued) = 5 Marks
Retainer/non-permanent staff = Zero Marks
Total : 100
Note: (1) Similar Capacity includes the following positions
i) On behalf of Consultant: Team Leader/Resident Engineer (Construction

Supervision/IE/AE).
25
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) and 2(c) above, where the
input of the personnel is at least one year.
4.2 Resident cum Highway Engineer

Reference with
Marks self
Points projects Claimed
the bidder
for self assessment
II) Post Graduation in 04

Transportation/Highway
Engineering/Structural
Engineering/Geotechnical
Engineering
Professional Experience
i) Total Professional Experience in 20
handling Highway projects
< 10 years -0
10 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 20
Director/Project
Manager/Superintending Engineer or
equivalent/Executive Engineer or
equivalent on construction
works/Authority Engineer/Independent
Engineer Projects (similar configuration
(4/6 laning*) and above).
< 5 years -0
5 years -15
Add 1 marks extra for each additional
year of experience subject to maximum
5 (five) marks.
iii) Experience in similar capacity in 25
handling major 4/6-laning** projects of
26
length 2.4 km or more.
< 2 nos -0
2 nos -19
Add three marks extra for each
(Six) marks.
iv) Experience in similar capacity of 5
Highway Project of
Construction/Construction Supervision/IC
on EPC Mode( 4/6 laning** and above)
2.5 marks for each project subject to

maximum 5 (five) marks
< 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: Resident / Highway Engineer
ii) On behalf of Contractor: Resident Engineer/ Highway Engineer / Project Manager

(Construction/Construction Supervision)
iii) 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 < 12 months
(3) In case of experience on behalf of Consultant or Contractor, the experience shall be duly
endorsed by the respective Government agency. In case of non-availability of
endorsement from Govt. Agency, the experience uploaded on Infracon Portal will
be taken into consideration. However, the key personnel/ bidder will be solely
responsible for any fake information/ CV, which may result in debarment.
4.3 Bridge/Structural Engineer-I & II
Reference with
Marks self
the bidder
for self assessment
27
II) Post Graduation in Structural 04

Engineering

handling Highway/Bridge projects
< 10 years -0
10 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 (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.
supervision of Major Highway
Bridges/ROB/Flyover/ Interchanges/ any
other structures
< 2 Bridges -0
02 Bridge -15
Add 2.5 mark extra for each additional
bridge subject to maximum 5 marks
iv) Experience in similar capacity in 10
supervision of 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 5
bridge 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
28
< 1 year -0
1 year -3
Total : 100
Note:
i) On behalf of Consultant/Contractor: Bridge Engineer/Project Manager (Bridges)
ii) On behalf of Government: Executive Engineer
4.4 Bridge/Structural Design Engineer

Reference with
Marks self
the bidder
for self assessment
II) Post Graduation in Structural 04

Engineering

< 10 years -0
10 years -11
Add one mark extra for each additional 2
year subject to maximum 4(four) marks.
ii) Experience in similar capacity in Design 20
of Bridges /ROB/ Flyover/ Interchanges/
any other such structures (similar
configuration (4/6 laning**) and above)
29
< 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 design 20
of Major Highway Bridges/ROB/Flyover/
< 2 Bridges -0
02 Bridge -15
Add 2.5 mark extra for each additional
bridge subject to maximum 5 marks
iv) Experience in similar capacity in 10
supervision of Rehabilitation and repair
of Major Bridges/ROB/Flyover/
<2-0
2 nos -07
3 or more -10
v) Experience in similar capacity of modern 5
bridge 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
Total : 100
4.5 Senior Quality cum Material Engineer

Reference with
Marks self
the bidder
for self assessment
II) Post Graduation in Geotechnical 04

Engineering/Foundation
30
Engineering/Soil Mechanics/Rock
Mechanics
< 10 years -0
10 years -11
Add one mark extra for each additional
year of experience subject to maximum
4 (four) marks.
ii) Experience in similar capacity in 25
Construction/Construction Supervision of
major Highway Projects ((similar
configuration (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.
handling major 4/6-laning** projects
having bridge / Underpass / Flyover of
length 2.4 km or more. For this metro
projects (Viaducts)shall also be
considered
< 2 nos -0
2 nos -19
Add 3.0 marks extra for each additional
project subject to maximum 6 (six)
marks.
iv) Experience in similar capacity on major 5
Highway projects (length of viaduct 32
mtr or more of similar configuration 4/6
laning** and above) in innovative/non
traditional technology
1 Project -4
2 or more -5
< 1 year - 0
1 year - 3
Total : 100
31
Note:
i) On behalf of Consultant/Contractor: Quality Expert/ Material Engineer/Material

Expert/ Quality Engineer/ Geo-Technical Expert.
ii) On behalf of Government: Executive Engineer
4.6 Road Safety Expert
S. Description Max. Reference/ Marks

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

Traffic/Transportation/Safety Engineering
or equivalent

i) Total Professional Experience in handling 15
Highway/Bridge projects
< 10 years -0
10 years -11
Add one mark extra for each additional year of
experience subject to maximum 4 (four) marks.
ii) Experience in similar capacity in Road Safety 15
works on Major Highway Project (similar
configuration (4/6 laning**) and above).
< 5 years -0
5 years -11
Add one mark extra for each additional year of
experience subject to maximum 4 (four) marks.
32
iii) Experience in similar capacity in Road Safety 20
Audits of 4/6-laning** Highway projects at
different stages including at least one at design
stage
< 2 nos -0
2 nos -16
Add 2 marks extra for each additional project
subject to maximum 4 marks.
iv) Experience in similar capacity in identification 10
and improvement of black spots on Major
Highway Project (similar configuration (4/6
laning**) and above)
< 2 nos -0
2 nos -6
Add 2 marks extra for each additional
improvement of black spots subject to maximum
4 marks.
v) Experience in similar capacity of preparing Road 5
Safety Management Plans for Inter Urban
Highway
1 project -3marks
2 or more -5 marks
vi) Experience in similar capacity in field of Road 5
Safety Management Plan
1 project -3 marks
2 or more -5 marks
< 1 year -0
1 year -3
Add 0.5 marks for each subsequent year subject
to maximum 2 marks
Total : 100
Note:
i) On behalf of Consultant/Contractor: Road Safety Expert
ii) In Government Organizations: Executive Engineer (or equivalent) and above
Note applicable to all key personnel:

1. If a key personnel has worked in next lower category to the similar capacity, the marks
allotted to key personnel in the category ‘experience in similar capacity’ shall be reduced
to two thirds of marks in this category. This shall be applicable for evaluation of all key
personnel.
**Similar projects means 4/6 lane as applicable for the project. Experience of 4/6 lane
shall be considered interchangeably for 4/6 laning projects.
33
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 three years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the
last three years (FY 2014-2015, FY 2015-2016 and FY 2016-2017). 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

Establishmen
t Individual Partnership Corporation Other
Individual /
Lead Partner
(of JV)/ Minor
Partner of
JV/Associate
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 three years. **
Sl. Particular 2014-15 2015-16 2016-17
No.
i. Annual turnover from
Consulting business
ii. Total Assets
iii. Current Assets
Balance Sheet/ Auditor Certificate of last 3 years (2014-15, 2015-16 and 2016-17 ) shall be
submitted as evidence of Annual Turnover.
**a) The amount shall be stated in INR. (Consider 1US Dollar = Rs. and 1 Euro = Rs.)
(This will be the exchange rates as per Reserve Bank of India rounded off to nearest
Rupee applicable at the time of RFP invitation).
b) The currency conversion rate for the respective years shall be mentioned for other
34
international currencies.
vii. Experience as Authority Engineer/Independent Consultant/Construction

supervision of Highway projects, separately for PPP and non-PPP Projects
during the last 7 years. ***
S No
Projects Type of De scrip - Client Total F e e received % a g e Approx . Period
N a m e / Y e a r Services tion of (with Fee for by Applicant o f cost of
Sole rendered Highway complete the (i n case of total Hig h way
C o n su lt a n t/ Project/ address, Consult fee Project
c o nta c t ancy JV/Associa receiv
P r im e
Length person, Assignm tion) ed by
c o n su lt a n t of
JV / minor (kms) telephone ent the
consultant of JV/ N o s .a n d F a x (INR) firm
/ a s associate Nos . )
consultant
1 2 3 4 5 6 7 8 9 10
A. Completed / Substantially completed projects:

1.
2.
3.
B. Projects in progress:
1.
2.
3.
viii. Experience in DPR/ Feasibility Study cum Preliminary Design Report

preparation of 4/6 laning / Bridge Highway Projects separately for the PPP
and non-PPP projects during the last 7 years. ***
S No Projects Name / Type of Length Client Total Fee Fee %age of Period
Year Services of (with for the received by total fee
Rendered Project c o mpl e t e Consultan Applicant received
( km s) a d dre ss , cy (i n case by the
Sole
c o nt a c t Assignmen of firm
C o n su lt a n t/
person, t (INR) JV/Associ
telephone ation) case of JV)
P r im e
Nos. and Fax
c o n su lt a n t o f JV /
Nos . )
minor consultant of JV/
/as associate
consultant
1 2 3 4 5 6 7 8 9
***a) 4/6 lane/Bridge work as applicable for the project for which RFP is invited.
Experience of 4/6 lane shall be considered interchangeably 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
35
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. If the applicant
firm has completed projects as JV with some other firms, weightage shall be
given as per the JV share***. However if the applicant firm has executed the
project as associate with some other firms, 25% weightage shall be given to
the applicant firm for the projects completed under such association
e) For weightage of experience in any past Consultancy assignment, experience
certificate from the client shall be submitted. In absence of clear demarcation of
JV share in client certificate, the weightage will be treated as 60 % for lead
partner and 40% for minor partner. 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 Date of Date of Present Team Members

No Assignment the firm letter of Agreement status of provided by the
Sole, Lead/ Acceptanceif signed Assignment firm
Other in JV or
sub-consultant
Name DOB Position
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Key Personnel Number of key personnel employed

Sole Applicant JV (1)
(Lead Member
in case of JV)
Team Leader Cum Senior Bridge / Structural
Engineer
Bridge/Structural Design Engineer
Bridge/Structural Engineer-I
Bridge/Structural Engineer-II
Resident cum Highway Engineer
Senior Quality cum Material Engineer
Road Safety Expert
36
SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL

Appendix B-1 Technical proposal submission form.
Appendix B-2 Site Appreciation
Appendix B-3 Approach paper on methodology for performing the
assignment
Appendix B-4 Facility for field investigation and testing
Appendix B-5 Composition of the Team and Task(s) of each Team
member
Appendix B-6 Curriculum vitae of proposed Professional staff.
Appendix B-7 Time schedule for deployment of Professional staff
Appendix B-8 Activity (works) schedule.
Appendix B-9 Affidavit – Correctness of Experience claimed by the Firms
Appendix B-10 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 Authority
Engineer for the EPC 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 …………….
Our Proposal is binding upon us. We understand you are not bound to accept any Proposal
you receive
We remain,
Yours sincerely,
Managing Director/Head of the

firm/Authorised Representative of the
firm + *
Name of the firm
Address
*Lead Member in case of JV
37
APPENDIX B-2 : SITE APPRECIATION

Shall give details of site as per actual site visit and data provided in RFP and
collected from site supported by photographs to demonstrate that responsible
personnel of the Consultant have actually visited the site and familiarized with
the salient details/complexities and scope of services.
38
APPENDIX B-3 : APPROACH PAPER ON METHODOLOGY FOR PERFORMING THE

ASSIGNMENT
The approach and methodology will be detailed precisely under the following topics.
1) Methodology for services, surveying, road condition data collection and

analysis [not more than 2 pages]
2) Key challenges foreseen and proposed solutions in carrying out the assignment
[not more than 1 page]
3) Quality Audit methodology including Quality Assurance Plan [ not more than 6
pages]
39
APPENDIX B-4 : FACILITY FOR FIELD INVESTIGATION AND TESTING

1. State whether applicant has in-house (created in house at site)/ outsourced/
not available facility for
 Surface defects detection and roughness measurement using Network
Survey Vehicle
 Pavement strength measurement using FWD
 Bridge inspection using Mobile Bridge Inspection Unit
 Road signs inspection using Retro Reflectometer
2. In-case answer to 1 is available (created in house at site) a list of field
investigation and testing equipment is to be attached
3. In case answer to 1 is outsourced/not available – arrangements made or
proposed to be made for each of the above field investigations is to be
attached
4. For experience in NSV, FWD, MBIU and reflectometer, references need to be
provided in the following format:
REFERENCES
Relevant Services Carried Which Best Illustrate Qualifications
The following information should be provided in the format below for each reference
assignment for which your firm, either individually as a corporate entity or as one of the
major companies within a consortium, was legally contracted by the client:
Assignment Name: Country:
Location within Country : Professional Staff Provided
by your firm:
Name of Client : No. of Staff :
Address : No. of Staff Months :
Technology Used:
Start Date Completion Date Approx. Value of
(Month / Year) (Month / Year) Services : (in INR/current USD) :
Name of JV/Association Firm(s) if any : No. of Months of Professional
Staff provided by Associated Firm(s)
Status of your Company in the Assignment i.e., Sole/Lead Member/Other Member/Associate
Narrative Description of Project :
Description of Actual Services Provided by your Company:
Signature of Authorised Representative
(Certificate from Employer regarding experience should be furnished)
40
APPENDIX B-5: 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
41
APPENDIX B-6 : 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 Employer 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 neither been debarred by NHAI or any other central/stage
government organiz ation nor left any assignment with the consultants engaged by
Employer / contracting firm (firm to be supervised now) for any continuing work
of Employer 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, Employer would be at liberty to debar me from taking any assignment in
any of the Employer works for an appropriate period of time to be decided by the
Employer. I have no objection if my services are extended by the Employer for this work in
future.
I further undertake that my CV is being proposed for this project by --------- (the applicant
firm) and I have not given consent to any other consultant(s) to propose my CV for any
position for this project.
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 Employer projects
during the period of assignment of this project and Employer shall consider my CV invalid
till such time.
I undertake that I have no objection in uploading/hosting of my credentials by Employer in

public domain.
For Key Personnel having intermittent inputs, add the following:
42
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 Likely Total input

Assignment LOA start end of the
(Month / (Month / person
Year) Year) (man-
months)
………………………………………………………….. 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 with page no. 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 or any other Central/State Government organization nor left his assignment with
any other consulting firm engaged by the Employer / 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 the Employer, Employer would be at liberty
to remove the personnel from the present assignment and debar him for an appropriate
period to be decided by the Employer.
………………………………………………………….. Date : ……………… (Day/Month/Year)
[Signature of authorized representative of the Firm]
a) Deleted.
b) Deleted.
c) Deleted.
d) Deleted.
e) Deleted.
f) Deleted
43
APPENDIX B-7: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
Sl. Name Monthwise Program (in form of Bar Chart)

No Position [1st, 2nd, etc. are months from the start of
. assignment]
st nd rd th th th th th th th th 12th and Number of

1 2 3 4 5 6 7 8 9 10 11
subseque Months
nt year
1 Subtotal
(1)
2 Subtotal
(2)
3 Subtotal
(3)
4 Subtotal
(4)
- -
- -
44
APPENDIX B-8 : ACTIVITY (WORKS) SCHEDULE
A. Activity Schedule
Monthwise Program (in form of Bar Chart)
st nd
[1 , 2 , etc. are months from the start of assignment]
th th
Sl. No. Item of Activity (Works) st nd rd th th th th th th 12th
1 2 3 4 5 6 7 8 9 10 11
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
45
APPENDIX B-9: AFFIDAVIT FOR CORRECTNESS OF CV OF KEY PERSONNEL

AND 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 CV of key personnel and 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
46
APPENDIX B-10: 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 “Authority 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.
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
47
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.
48
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 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.
49
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.
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
50
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.
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): ________________
51
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 costs
52
APPENDIX C-1 : FINANCIAL PROPOSAL SUBMISSION FORM
FROM : (Name of Firm) TO :
Address of Employer
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 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
53
APPENDIX C-2 : SUMMARY OF COSTS
Amount
No. Descriptio (Rs.)
I Remuneration for Local Professional
n 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 Road Survey Equipment
X Contingencies
Sub Total
Goods and Services Tax Payable in India

Total Costs (Including Tax)
Note: Payments will be made as per stipulations of the Conditions of Contract..
54
APPENDIX C-3 : BREAKDOWN OF LOCAL CURRENCY COSTS

I. REMUNERATION FOR LOCAL PROFESSIONAL STAFF
For project length 0-100 km
No. Position Name Construction Period 24 months +

DLP 48 months
Rate No. of man- Amount
months*
Professional Staff
Team Leader Cum Senior Bridge / 36
1.
Structural Engineer
2. Bridge/Structural Design Engineer 18
3. Bridge/Structural Engineer-I 72
4. Bridge/Structural Engineer-II 24
5. Resident cum Highway Engineer 36
6. Senior Quality cum Material Engineer 24
7 Road Safety Expert 24
Sub – Total 234
Sub-professional
1 Assistant Bridge/Structural Engineer-I TBN 72
2 Assistant Bridge/Structural Engineer-II TBN 24
3 Assistant Bridge/Structural Engineer-III TBN 24
4 Highway Engineer-I TBN 72
5 Road Safety Expert TBN 24
6 Quantity Surveyor-I TBN 24
7 Survey Engineer-I TBN 24
8 Survey Engineer-II TBN 12
9 Quality Control Engineer-I TBN 24
10 Quality Control Engineer-II TBN 24
11 Quality Control Engineer-III TBN 12
12 Electrical Engineer TBN 7
13 HTMS / Toll Expert TBN 2
14 Horticulture cum Landscaping Expert TBN 12
15 CAD Expert TBN 12
16 Environmental Expert TBN 3
Sub Total 372
Total 606
55
56
II. Support Staff
No. Position Name Staff Months Billing Amount ( )
Rate ( )
1. Office Manager TBN
2. Accountant cum Cashier TBN
3. Steno cum Computer TBN
Operator
4. Office Boy ( 1 no) TBN
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 Construction During Development Month
Period and O&M Period
1
2
Total
IV. Duty Travel to Site (Fixed Costs) (For all Lengths of projects) : Professional
and Sub-Professional Staff
Trips Number of Trips Rate* Amount
* Rate quoted includes Hotel charges, travel cost etc. complete.

V. Office Rent (Fixed Costs)– Minimum 200 sqm area of office shall be rented.
(For project Length upto 100 km)
The rent cost includes electricity and water charges, maintenance, Cleaning, repairs, etc.
complete.
Nos of Months Rate/month Amount
48
The rent cost includes electricity and water charges, maintenance, Cleaning, repairs, etc.
complete.
57
VI. Office Supplies, Utilities and Communication (Fixed Costs)
No Item Months Monthly Amount in

Rate Rs.
1. Office Supplies
2. Drafting Supplies
3. Computer Running Costs
4. Domestic and International
Communication
VII. Office Furniture and Equipment (Rental)
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.
Nos of Months Rate/month Amount

48
VIII. Reports and Document Printing
No. Description No. of No. of Total Rate per Amount
Reports Copies Nos. of Copy ( )
per copies
Report
1 Monthly reports 72 3 216
(Design and Construction)
2 Half yearly Reports 8 3 24
3 Various others reports as
provided in the Concession
Agreement such as Completion
Report
Total
58
IX. Road Survey Equipment
The cost shall include carrying out survey using equipment, manpower, software and report
processing.
Item Kms Rate No of Amount

per km times (INR)
(INR) survey to
be
conducted
Surface defects detection and roughness 8
measurement using Network Survey Vehicle
Pavement strength measurement using FWD 4
Bridge inspection using Mobile Bridge Inspection 8
Unit
Road signs inspection using Retro 8
Reflectometer
Total
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.
59
SECTION 6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER
[Note: The term “Agreement” and clauses thereof refer to the EPC Agreement dated------
entered between Authority and --------(the Contractor) for the work of “Construction of
Dwarka expressway from shiv Murti Intersection at km 20 of NH 8 till Rail under Bridge (RuB)
near Dwarka Sector 21, from km -0.800 to 5.300 –Package-I in Delhi ” ON EPC mode.
1. Scope
1.1 These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified
pursuant to the EPC Agreement dated ........... (the “Agreement”), which has been
entered into between the Authority and ............. (the “Contractor”) for [Two-Laning]
of the **** section (km ** to km**) of National Highway No. ** in the State of *** on
Engineering, Procurement, Construction (EPC) basis, and a copy of which is annexed
hereto and marked as Annex-A to form part of this TOR.
1.2 The TOR shall apply to construction and maintenance of the Project Highway.
2 Definitions and interpretation
2.1 The words and expressions beginning with or in capital letters 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 reference 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 General
3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional integrity and Good Industry
Practice.
3.2 The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of this Agreement, but subject to obtaining prior written
approval of the Authority before determining.
(a) any Time Extension.
(b) Any additional cost to be paid by the Authority to the Contractor;
(c) The Termination Payment; or
(d) Any other matter which is not specified in (a), (b) or (c) above and which creates an
obligation or liability on either Party for a sum exceeding Rs. 5,000,000 (Rs. Fifty
lakh.)
3.3 The Authority’s Engineer shall submit regular periodic reports, once every month, to the
Authority in respect of its duties and functions under this Agreement. Such reports shall
be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every
month.
3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties and
responsibilities to its suitably qualified and experienced personnel; provided, however,
that it shall not delegate the authority to refer any matter for the Authority’s prior
approval in accordance with the provisions of Clause 18.2 Model EPC Agreement.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for Change of
Scope under Article 13.
60
3.6 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
Authority’s Engineer shall specify such meaning, scope and nature by issuing a reasoned
written statement relying on good industry practice and authentic literature.
4 Construction Period
4.1 During the Construction Period, the Authority’s Engineer shall review the Drawings
furnished by the Contractor along with supporting data, including the geo-technical and
hydrological investigations, characteristics of materials from borrow areas and quarry
sites, topographical surveys, and the recommendations of the Safety Consultant in
accordance with the provisions of Clause 10.1.6 of Model EPC Agreement. The Authority’s
Engineer shall complete such review and send its observations to the Authority and the
Contractor within 15 (fifteen) days of receipt of such Drawings; provided, however that in
case of a Major Bridge or Structure, the aforesaid period of 15 (fifteen) days may be
extended upto 30 (thirty) days. 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 Authority’s Engineer shall review any revised Drawings sent to it by the Contractor
and furnish its comments within 10 (ten) days of receiving such Drawings. The review of
drawing should be authenticated by Authority’s Engineer.
4.3 Quality Assurance Manual and Plan forms the basis of quality of the work. It is therefore
essential that the Quality Assurance Manual and Plan prepared by the Concessionaire be
checked and approved. Thus, the Consultant shall check contents of Quality Assurance
Plan and Manual of Concessionaire as per requirements of Quality Management System (as
per ISO 9001), IRC: SP: 47-1998 and IRC: SP: 57-2000 for road bridges and roads
respectively. The Consultant shall also offer their comments for modifying/ improving the
document. After receiving the corrected document, the Consultant shall review and
formally approve the QAM and Quality Plan and send one copy to the Authority.The
Authority’s Engineer shall complete the review of the methodology proposed to be
adopted by the Contractor for executing the Works, and convey its comments to the
Contractor within a period of 10 (ten) days fromthe date of receipt of the proposed
methodology from the Contractor.
4.4 The Authority’s Engineer shall grant written approval to the Contractor, where necessary,
for interruption and diversion of the flow of traffic in the existing lane(s) of the Project
Highway for purposes of maintenance during the Construction Period in accordance with
the provisions of Clause 10.4 Model EPC Agreement.
4.5 The Authority’s Engineer shall review the monthly progress report furnished by the
Contractor and send its comments thereon to the Authority and the contractor within 7
(seven) days of receipt of such report.
4.6 On a daily basis, the concerned key personnel of Authority Engineer shall inspect the
Construction Works. Following activities need to be undertaken during the visits.
 Review of construction including progress, quality and safety of construction
 Inspection of defects and deficiencies in construction works
 Witnessing quality inspection tests at labs established by Concessionaire on a

sample basis
Review of quality of work shall be done in reference to Quality Assurance Plan
(QAP)/Manual and ISO 9001:2008, IRC: SP: 47-1998 and IRC: SP: 57-2000 for road
61
bridges and roads respectively. The consultant also needs to capture following
documents and send to NHAI field office via email on a daily basis
 Scanned copy of filled RFI (Request for Inspection) form including commentary on
‘Satisfactory/Unsatisfactory’ nature of work completed by Concessionaire
 Daily inspection report Proforma as provided in Annexure I
 Readings of quality inspection tests witnessed by the Consultant
 Minimum 6 high resolution photographs supporting the remarks made by the Consultant
in RFI form
Team Leader will be responsible for sending daily emails to NHAI field office
4.7 On a monthly basis, the Authority Engineer shall prepare a Monthly Inspection Report
in accordance with the format prescribed in Annexure V 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 Authority Engineer shall
describe in reasonable detail the lapses, defects or deficiencies observed by it in the
construction of the Project Highway. The Authority Engineer shall send a copy of its
Inspection Report to the Authority and the Concessionaire latest by 7th of every month.
Key sections of the Monthly Progress Report are as follows.
S No. Section Sub-Sections

1.1 Construction progress in current month
1.2 Summary of strip plan
1 Executive Summary 1.3 Detailed strip plan
1.4 Current issues and recommended actions
by AE
2.1 Salient Features of the Project
2.2 Project Milestones
2 Project Overview
2.3 Location Map
2.4 Key Plan
3.1 Pending issues and action log
3 Critical issues and Action log
3.2 Obligations as per contract
4 Physical Progress 4.1 Detailed physical progress by component
5.1 LA summary
5.2 LA detail by CALA
Land Acquisition and 5.3 LA detail by village
5
Clearances 5.4 Manpower with each CALA
5.5 Clearances summary
5.6 Status of utility shifting
6 Change of Scope 6.1 Status of pending COS proposals
7.1 Resource mobilization by contractor/
7 Mobilization of Resources
concessionaire
8.1 Pen picture- Escrow
8 Financial Progress Details
8.2 Escrow details
Summary of quality control 9.1 Tests witnessed by IE/AE
9
tests 9.2 Tests conducted by IE/AE
Monitoring of maintenance 10.1 Critical issues and action log
10 obligations during 10.2 Cumulative defects and deficiencies
construction phase 10.3 Status of damages
11.1 Pen picture on safety features at
11 Safety features
construction site
62
S No. Section Sub-Sections
11.2 Accident report
Annex 1: Detailed list of physical components
as per Schedule G
12 Annexures
Annex 2 onwards: Additional details provided
by AE
4.8 If at any time during the Construction Period, the Authority 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.
4.9 The Authority’s Engineer shall conduct the pre-construction review of manufacturer’s
reports and standard samples of manufactured Materials, and such other Materials as
the Authority’s Engineer may require.
4.10 For determining that the Works conform to Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out, or cause to be carried
out, tests at such time and frequency and in such manner as specified in the
Agreement and in accordance with Good Industry Practice for quality assurance. For
purposes of this Paragraph 4.9, the tests specified in the IRC Special Publication-11
(Handbook of Quality Control for Construction of Roads and Runways) and the
Specifications for Road and Bridge Works issued by MORT&H (the “Quality Control
Manuals”) or any modifications/substitution thereof shall be deemed to be tests
conforming to Good Industry Practice for quality assurance.
4.11 The Authority’s Engineer shall test check at least 20 (twenty) percent of the quantity
or number of tests prescribed for each category or type of test for quality control by
the Contractor.
4.12 The timing of tests referred to in Paragraph 4.9, and the criteria for
acceptance/rejection of their results shall be determined by the Authority’s 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 Contractor for its own quality assurance in accordance with
Good Industry Practice.
4.13 In the event that results of any tests conducted under Clause 11.10 establish any
Defects or deficiencies in the Works, the Authority’s Engineer shall require the
Contractor to carry out remedial measures.
4.14 The Authority’s Engineer may instruct the Contractor to execute any work which is
urgently required for the safety of the Project Highway, whether because of an
accident, unforeseeable event or otherwise; provided that in case of any work
required on account of a Force Majeure Event, the provisions of Clause 21.6 of Model
EPC Agreement shall apply.
4.15 In the event that the Contractor fails to achieve any of the Project Milestones, the
Authority’s Engineer shall undertake a review of the progress of construction and
identify potential delays, if any. If the Authority’s Engineer shall determine that
completion of the Project Highway is not feasible within the time specified in the
Agreement, it shall require the Contractor to indicte within 15 (fifteen) days the steps
proposed to be take to expedite progress, and the period within which the Project
63
Completion Date shall be achieved. Upon receipt of a report from the Contractor, the
Authority’s Engineer shall review the same and send its comments to the Authority and
the Contractor forthwith.
4.16 The Authority’s Engineer shall obtain from the Contractor a copy of all the
Contractor’s quality control records and documents before the Completion Certificate
is issued pursuant to Clause 12.4 of Model EPC Agreement.
4.17 Authority’s Engineer may recommend to the Authority suspension of the whole or part
of the Works if the work threatens the safety of the Users and pedestrians. After the
Contractor has carried out remedial measure, the Authority’s Engineer shall inspect
such remedial measures forthwith and make a report to the Authority recommending
whether or not the suspension hereunder may be revoked.
4.18 In the event that the Contractor carries out any remedial measures to secure the
safety of suspended works and users, and requires the Authority’s Engineer to inspect
such works, the Authority’s Engineer shall inspect the suspended works within 3
(three) days of receiving such notice, and make a report to the Authority forthwith,
recommending whether or not such suspension may be revoked by the Authority.
4.19 The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests
specified in Schedule-K and issue a Completion Certificate or Provisional Certificate as
the case may be. For carrying out is functions under this Paragraph 4.18 and all
matters incidental thereto, the Authority’s Engineer shall act under and in accordance
with the provisions of Article 12 and Schedule-K. The Consultant shall use following
equipment in carrying out the tests.
S No Key metrics of Asset Equipment to be used

1 Surface defects of pavement Network Survey Vehicle (NSV)
2 Roughness of pavement Laser Profilometer
3 Strength of pavement Falling Weight Reflectometer (FWD)
4 Bridges Mobile Bridge Inspection Unit (MBIU)
5 Road signs and road markings Retro-reflectometer
5 Maintenance Period
5.1 The Authority’s Engineer shall aid and advise the Contractor in the preparation of
its monthly Maintenance Programme and for this purpose carry out a joint monthly
inspection with Contractor.
5.2 The Authority’s Engineer shall undertake regular inspections, at least once every
month to evaluate compliance with the Maintenance Requirements and submit a
Maintenance Inspection Report to the Authority and the Contractor.
5.3 Visual Inspection of project highway
5.3.1The Authority Engineer shall carry out visual inspection of entire highway stretch as
per the frequency defined in the following table
Frequency of
Nature of defect or deficiency
inspection
ROADS
(a) Carriageway and paved shoulders
64
Frequency of
inspection
(i) Breach or blockade Daily
(ii) Pot holes Daily
(iii) Cracking Weekly
(iv) Rutting Weekly
(v) Bleeding/skidding Weekly
(vi) Ravelling/Stripping of bitumen surface Weekly
(vii) Damage to pavement edges Weekly
(viii) Removal of debris Daily
(b) Hard/earth shoulders, side slopes, drains and culverts
Variation by more than 2% in the prescribed slope of camber/cross
(i) Weekly
fall
(ii) Edge drop at shoulders Weekly
Variation by more than 15% in the prescribed side (embankment)
(iii) Weekly
slopes
(iv) Rain cuts/gullies in slope Weekly
Damage to or silting of culverts and side drains during and
(v) Weekly
immediately preceding the rainy season
(vi) Desilting of drains in urban/semi-urban areas Daily
(c) Road side furniture including road signs and pavement marking
Damage to shape or position;
(i) Daily
poor visibility or loss of retro-reflectivity
(d) Street lighting and telecom (ATMS)
(i) Any major failure of the system Daily
(ii) Faults and minor failures Daily
(iii) Streetlight with Lux Meter Weekly
(e) Trees and plantation
Obstruction in a minimum head-room of 5 m above carriageway or
(i) Daily
obstruction in visibility of road signs
(ii) Deterioration in health of trees and bushes Weekly
(iii) Replacement of trees and bushes Weekly
(iv) Removal of vegetation affecting sight line and road structures Weekly
(f ) Rest areas/Wayside amenities
(i) Cleaning of toilets Daily
(ii) Defects in electrical, water and sanitary installations Daily
(g) Toll plaza[s]
(i) Failure of toll collection equipment including ETC or lighting Daily
(ii) Damage to toll plaza Weekly
(h) Other Project Facilities and Approach roads
Damage or deterioration in Approach Roads, -[pedestrian
(i) facilities, truck lay-bys, bus-bays, bus- shelters, cattle crossings, Daily
Traffic Aid Posts, Medical Aid Posts and other works]
(j) Incident Management
Instances of Incident Management as reported including time of
(i) call, response time, services rendered and time of clearing of the Daily
Highway.
(ii) List of the Incident Management Services rendered. Weekly
BRIDGES
(a) Superstructure of bridges
(i) Cracks Weekly
(ii) Spalling/scaling Weekly
(b) Foundations of bridges
(i) Scouring and/or cavitation Weekly
(c) Piers, abutments, return walls and wing walls of bridges
65
Frequency of
inspection
(i) Cracks and damages including settlement and tilting Weekly
(d) Bearings (metallic) of bridges
(i) Deformation Weekly
(e) Joints in bridges
(i) Loosening and malfunctioning of joints Weekly
(f) Other items relating to bridges
(i) Deforming of pads in elastomeric bearings Weekly
Gathering of dirt in bearings and joints; or clogging of spouts, weep
(ii) Weekly
holes and vent-holes
(iii) Damage or deterioration in parapets and handrails Weekly
(iv) Rain-cuts or erosion of banks of the side slopes of approaches Weekly
(v) Damage to wearing coat Weekly
Damage or deterioration in approach slabs, pitching, apron, toes,
(vi) Weekly
floor or guide bunds
Growth of vegetation affecting the structure or obstructing the
(vii) Weekly
waterway
5.3.2 All elements which have daily inspection frequency shall be inspected weekly as
well. Similarly, all elements which have weekly inspection frequency shall be
inspected monthly as well.
5.3.3 Daily inspection report format and weekly inspection report format has been
provided in Annexure II and III of this document respectively. Manpower which
needs to conduct visual inspection and mode of reporting is defined in the following
table
Frequency of Inspection to be carried out

Mode of reporting
inspection by
Daily Sub-professional staff Soft copy by Email
Weekly Key personnel Soft copy by Email
Monthly Key personnel Hard copy and Soft copy
5.3.4 High resolution photographs and video of the highway stretches having defects
and/or deficiencies shall be submitted along with Weekly Inspection Report and
Monthly Status Report. Summary of key observations around defects and deficiencies
in highway stretch shall be reported in Monthly Progress Report and detailed
inspection report shall be provided as Annexure to Monthly Progress Report.
5.3.5 The consultant shall also be responsible for inspection and monitoring of Wayside
Amenities. ETC (Electronic Toll Collection) and ATMS (Advanced Traffic Management
System) and incident management.
5.4 Road conditions surveys
5.4.1 The carrying out of condition surveys will be one of the most important and
crucial field tasks under the project. The Authority Engineer shall carry out
condition surveys using equipment and following a frequency as defined under.
Key metrics of Frequency of

S No Equipment to be used
Asset condition survey
66
At least twice a year
Surface defects of Network Survey (As per survey months
1
pavement Vehicle (NSV) defined for the state
basis rainy season)
Roughness of (As per survey months
2 Laser Profilometer
pavement defined for the state
basis rainy season)
Strength of Falling Weight
3 At least once a year
pavement Reflectometer (FWD)
Mobile Bridge (As per survey months
4 Bridges
Inspection Unit (MBIU) defined for the state
basis rainy season)
(As per survey months
5 Road signs Retro-reflectometer
defined for the state
basis rainy season)
The first equipment based inspection shall be conducted at the time of completion testing.
The other inspections shall be conducted before and after the rainy seasons as per the
schedule defined in Annexure IV, except for FWD testing which shall be conducted once a
year.
Calibration of equipment,wherever needed, is required to be done in presence of Competent

Authority. Once approval of equipment, the settings and a sample data set is provided by
Competent Authority, network level data for entire project stretch can be collected. Month
of survey for each state has been defined in Annexure IV of this document.
5.4.2 Measurement of pavement surface defects and roughness

i. The Authority Engineer shall use Network Survey Vehicles mounted with equipment
such as Laser based automatic crack detection , high resolution digital cameras for
RoW and pavement, high accuracy DGPS receiver and in vehicle data processing
software or better technology to accurately measure following pavement surface
properties
Surface defect Dimensions to be reported
 Length
Cracking  Width
 Depth
 Area
Potholes
 Depth
Raveling  Indicator
67
Surface defect Dimensions to be reported

 %
 Area
 Depth
Rutting
 Width
Concrete Joint/ Faulting  Length
Roughness  IRI in both wheel paths
ii. The following criteria shall be met by the process of defects detection
 Measurement of 3D road profile using such technologies as laser scanning

or other proven technologies.
 Ability to operate (collect data) at different speeds with a minimum
speed of 40km/h.
 Profile depth accuracy of 0.5mm
 Capability for lane tracking to control driver wander’ and ensure high
repeatability of data between surveys.
 Measure at least 3.5m width of highway lane.
 Transverse Profile including rut depth measurement of pavement surface
widths of both carriageway and shoulders. The rut depth data must be
convertible to different straightedge lengths (1.8m to 3.5m) and meet
industry standards (ASTM E1703 / E1703M).
 Pavement images with capability to automatically identify and rate
distresses
 Roughness measurement with outputs of both raw longitudinal profiles
and International Roughness Index (IRI) calculation shall be reported at
least 100m referenced to the preceding Location Reference Post (LRP).
The roughness must meet ASTM-E950 (equivalent to Class I road
profiler). The IRI shall be determined in both wheelpaths.
 Ability to record images at user-defined intervals (e.g. every 5, 10m,
etc.)
 Minimum images resolution of 1600x1200
 Outputs must include Standard JPEG image or similar industry standard
68
 Distance resolution of <1mm,
 Capable of achieving distance accuracy of 0.1% (i.e. within 1m over 1km
distance)
 All data outputs should be in a non-proprietary format (e.g. .CSV, .MDB,
Excel) and not require specialist software in order to view or format
data
 Data should also be capable of being easily formatted into data
compatible
with HDM-4
iii. The following are the set of deliverables which should be submitted after
completion of survey as part of Monthly Progress Report
 Raw data generated from the equipment which are part of Network Survey
covering the parameters mentioned in above table. It should also include
o Survey ID, Description, Date, Lane
o GPS referenced data for GIS mapping
 Video logging
o Pavement imagery (AVI/JPEG)
o 360 degree imagery (JPEG)
 Interpretation report covering summary of entire survey and analysis of defects
and deficiencies
5.4.3 Measurement of pavement strength

i. The Authority Engineer shall carry out structural strength surveys for existing
pavements using Falling Weight Deflectometer technique in accordance with the
procedure given in IRC:115-2014 (Guidelines for Structural Evaluation and
Strengthening of Flexible Road Pavements Using Falling Weight Deflectometer (FWD)
Technique) and IRC: 117-2015 (Guidelines for the Structural Evaluation of Rigid
Pavement by Falling Weight Deflectometer)
ii. The interval at which deflection measurements are to be taken up are as per IRC:115-
2014 / IRC:117-2015. For flexible pavements, the sample size and the interval of the
data to be collected depends on the length of the uniform section calculated and
condition of the pavement section i.e. ‘good’, ‘fair’ and ‘poor’ for each lane,
established on the pavement condition data based on the criterion given in IRC:115-
2014. For rigid pavements, the deflection data may be collected at interiors, corners,
transverse joints and longitudinal joints in the outer lanes at intervals as specified in
IRC:117-2015.
iii. The following are the set of deliverables which should be submitted after completion
of inspection test as part of Monthly Progress Report
 Data report covering following parameters
69
o Deflection Bowl (Transient Deflections at seven different points)
o Corrected Elastic Modulus Bituminous E1
o Corrected Elastic Modulus Granular E2
o Corrected Elastic Modulus Subgrade E3
o Subgrade CBR
 Interpretation report covering summary of entire survey results and analysis of
key parameters
5.4.4 The Authority Engineer shall carry out the condition and structural assessment
survey of the bridges in accordance with IRC-SP; 35 with the use of Mobile Bridge
Inspection unit (MBIU) or better technology.
i. The following criteria shall be met by the process of bridge condition assessment
 Automatic folding and unfolding of platform

 90 degree rotation of platform
 Sufficient safety features to be incorporated such as dedicated power supply,
emergency cut off system, etc
 Complete access to hidden parts of the bridge by the raters
ii. Detailed bridge inspection report shall be submitted as per the Inspection Proforma
provided in IRC-SP 35
5.4.5 Measurement of retroreflection of road signs
i. The Authority Engineer shall measure Coefficient of retroreflected luminance RA

(nighttime retroreflection) of road traffic signs using a portable retroreflectometer.
ii. The following criteria shall be met by the process of roadsigns retroreflection
measurement
 Measurement of retroreflective signs shall be conducted in accordance with ASTM
E1709 and ASTM E2540
 Measurement time after pressing trigger shall be less than or equal to 1 sec
 Observation angle adjustment from 0.2 degrees to 2.0 degrees
 Entrance angle adjustment from -45 degrees to +45 degrees
 Self-contained commercially available battery
 Inbuilt data storage of at least 2,000 measurements so that data transfer
requirement is minimized while the survey is being conducted
 Interface for transferring data from device to Computer
 Built in GPS to capture GPS coordinates of road sign
 Range shall be at least 0-2000 cd/lx/m2
iii. The following are the set of deliverables which should be submitted after completion
of survey as part of Monthly Progress Report
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 System generated coefficient of retroreflected luminance RA (nighttime
retroreflection) of all road signs
 Interpretation report covering analysis of road signs falling in different range of RA
and actions to be taken
5.5 The Authority Engineer shall carry out following inspections of ETC lanes at toll
plazas on a month basis:
(a) Infrastructure:
 Availability of civil infrastructure at toll plazas required for installation of ETC
systems
 Adequacy of hardware, software and other related items as per IHMCL/NHAI
technical specifications and requirements
b) Operations:
 Adherence of various stakeholders (acquirer bank, system integrator, toll operator,
issuer bank etc) of the ETC system to the service level agreements
 Efficacy of the ETC system (RFID tagging, AVC, WIM etc) in terms of accuracy and
uptime
 Tracking and reporting toll plaza experience metrics such as average waiting time,
transaction times for different modes of payment (RFID, cash, smart cards, QR codes
etc) and congestion levels (eg length of queue in different lanes) across 4 different
times in a day
 Robustness of dispute resolution mechanisms in place for the tag holder and toll
operators by the issuer and acquirer banks
5.6 The Authority Engineer shall prepare a Monthly Status Report in O&M phase of project in
respect of its duties and functions under this Agreement and in accordance with the
format prescribed in Annexure VI. 1st deliverable of the report which is an executive
summary to the main report (Section 1) shall be submitted to the Authority and updated
on the PMIS and project specific website by 4th of every month. Main report (Section 2
onwards) shall be submitted to the Authority and updated on the PMIS and project
specific website by 7th of every month. Key sections of the Monthly Status Report are as
follows.
S.No Sections Sub sections
1.1 Overall road condition
1.2 Key reporting metrics
1.3 Key maintenance activities undertaken
1 Executive Summary
1.4 Pending issues
1.5 Recommended actions by AE
1.6 Strip plan for maintenance
2.1 Key project details
2.2 Location map
2 Project Overview 2.3 Key plan
2.4 Summary of project features
2.5 RoW availability
3.1 Issue and action log
3.2 Summary of deficiencies
3 Critical issues and action taken
3.3 Obligations as per contract
3.4 Inspection schedule
4 Monthly Inspection Report 4.1 Summary of NCR issued
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S.No Sections Sub sections

4.2 Equipment based inspection report
5.1 Monthly ETC Report
5 Monitoring of ETC Lanes 5.2 On-ground infrastructure report
5.3 On ground ETC operations & SLA adherence
6.1 Damages for non completion of project
facilities
6 Status of damages 6.2 Damages for breach of maintenance activities
6.3 Damages for non completion of major
maintenance works
7 Change of Scope proposals 7.1 Change of Scope proposals
8 Status of pending disputes 8.1 Status of pending disputes
9.1 Toll collection statement
9.2 Accident Report
9 Reports 9.3 Details of user complaints
9.4 Encroachment list
9.5 Lane closure report
Annex I- Detailed visual inspection report of
project highway
10 Annexures
Annex II onwards- Additional details provided by
AE
5.7 The Authority’s Engineer shall specify the tests, if any, that the Contractor
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 remedial measures, if
any, taken by the Contractor in this behalf.
5.8 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-
E, the Authority’s 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.
5.9 The Authority’s Engineer shall examine the request of the Contractor for
closure of any lane (s) of the Project Highway for undertakings
maintenance/repair thereof, and shall grant permission with such
modifications, as it may deem necessary, within 5 (five) days of receiving a
request from the Contractor. Upon expiry of the permitted period of closure,
the Authority’s Engineer shall monitor the reopening of such lane (s), and in
case of delay, determine the Damages payable by the Contractor to the
Authority under Clause 14.5 of Model EPC Agreement
6 Determination of costs and time
6.1 The Authority’s Engineer shall determine the costs, and/or their
reasonableness, that are required to be determined by it under the
Agreement.
6.2 The Authority’s Engineer shall determine the period of Time Extension that is
required to be determined by it under the Agreement.
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6.3 The Authority’s Engineer shall consult each Party in every case of
determination in accordance with the provisions of Clause 18.5 of Model EPC
Agreement.
7 Payments
7.1 The Authority’s Engineer shall withhold payments for the affected works for
which the Contractor fails to revise and resubmit the Drawings to the
Authority’s Engineer in accordance with the provision of Clause 10.2.4 (d) of
Model EPC Agreement.
7.2 Authority’s Engineer shall
a) within 10 (ten) days of receipt of the Stage Payment Statement from the
Contractor pursuant to Clause 19.4, determine the amount due to the
Contractor and recommend the release of 90 (ninety) percent of the amount so
determined as part payment, pending issue of the Interim Payment Certificate;
and
b) within 15 (fifteen) days of the receipt of the Stage Payment Statement referred
to in Clause 19.4, deliver to the Authority and the Contractor an Interim
Payment Certificate certifying the amount due and payable to the Contractor,
after adjustments in accordance with the provisions of Clause 19.10 of Model
EPC Agreement.
7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the
Monthly Maintenance Statement from the Contractor pursuant to Clause 19.6 of
Model EPC Agreement, verify the Contractor’s monthly statement and certify
the amount to be paid to the Contractor in accordance with the provisions of
the Agreement.
7.4 The Authority’s Engineer shall certify final payment with 30 (thirty) days of the
receipt of the final payment statement of Maintenance in accordance with the
provisions of Clause 19.16 of Model EPC Agreement.
8 Other duties and functions

The Authority’s Engineer shall perform all other duties and functions as specified in the
Agreement.
9 Miscellaneous
9.1 All key personnel and sub professional staff of the Authority Engineer shall use the
fingerprint based (biometric) attendance system for marking their daily attendance.
Attendance shall be marked at least once a day and anytime during the day. 1
Biometric Attendance System shall be installed by the Authority Engineer at its own
cost at the site office in order to facilitate the attendance marking. More systems can
be installed near the project highway upto a maximum of 1 system per 50 km in order
to encourage frequent visits of project highway by key personnel and sub professional
staff. A copy of monthly attendance records shall be attached with Monthly Status
Report. Proper justification shall be provided for cases of absence of key personnel/
sub professional staff which do not have prior approval from Project Director of
concerned stretch
9.2 A copy of all communications, comments, instructions, Drawings or Documents sent by
the Authority’s Engineer to the Contractor pursuant to this TOR, and a copy of all the
test results with comments of the Authority’s Engineer thereon, shall be furnished by
the Authority’s Engineer to the Authority forthwith.
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9.3 The Authority’s 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.
9.4 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer shall
obtain a complete set of as built Drawings in 2 (two) hard copies and in micro film
form or in such other medium as may be acceptable to the Authority, reflecting the
Project Highway as actually designed, engineered and constructed, including an as-
built survey illustrating the layout of the Project Highway and setback lines, if any, of
the buildings and structures forming part of project Facilities; and shall hand them
over to the Authority against receipt thereof.
9.5 The Authority’s Engineer, if called upon by the Authority or the Contractor or both,
shall mediate and assist the Parties in arriving at an amicable settlement of any
Dispute between the Parties.
9.6 The Authority’s Engineer shall inform the Authority and the Contractor of any event of
Contractor’s Default within one week of its occurrence.
10. PERFORMANCE CLAUSE

Authority’s 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 EPC Agreement and other schedules. Any failure of the
Authority Engineer in notifying to Employer and the Contractor on non-
compliance of the provisions of the EPC Contract Agreement and other
schedules by the EPC Contractor, non-adherence to the provision of ToR and non-
adherence to the time schedule prescribed under ToR shall amount to non-
performance.
The Authority Engineer shall appoint its authorized representative, who shall issue
on behalf of the AE, the Provisional Completion Certification and
Completion Certificate along with the Team Leader and shall carry out any such task
as may be decided by Employer. The AE shall take prior approval of Employer
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.
11. CONSULTANT’S PROPOSAL

11.1 List of key personnel to be fielded by the Consultants shall be as below:
i. Team Leader Cum Senior Bridge/Structural Engineer

ii. Bridge/Structural Design Engineer
iii. Bridge/Structural Engineer-I
iv. Bridge/Structural Engineer-II
v. Resident cum Highway Engineer
vi. Senior Quantity cum Material Engineer
vii. Traffic cum Safety Engineer
11.2 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. All the CV’s of the
74
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. 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 Employer 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 Authority Engineer, if the Project is awarded. In
case the key personnel leaves the assignment without approval of Employer,
Emplo yer would be at liberty to take any appropriate action against that key
personnel including debarment. The CV submitted by selected firm/JV shall be hoisted
on official website of Employer.
11.3 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.
12. PERIOD OF SERVICES

12.1 The services of an Authority’s Engineer will be in phases as per Contract
Agreement.
12.1.1 The appointment of the Authority’s Engineer shall initially be as per details
given below.
Period of service Construction Maintenance/DLP

(in months) period Period
(in months)
(in months)
Construction 48
Period + 48 24
Months
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.
13. 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 upto 2 months beyond the expiry of the
Contract period. The BG shall be in the format specified in Appendix H 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
75
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.
Alternatively, a single Bank Guarantee to cover for the performance of all projects under
NHAI may also be deposited as tabulated below, at the discretion of the consultant,
instead of depositing separately again and again. The Consultant may initially provide
the Performance Security for a period of two years provided that it shall procure the
extension of the validity of the Performance Security at least one month prior to the
date of expiry thereof. Once the appropriate single Bank Guarantee for Performance
Security has been submitted by the Consultant, the existing BGs shall be returned. The
Bank Guarantee be submitted in prescribed Performa.
Performance Security
Remaining cumulative Value of Consultancy Fee BG Value (in Rs. Crores.)
as per Contracts under a Agency (NHAI) (Cr)
0-20 0.5
20-40 1
40-100 2.50
100-200 4.0
Beyond 200 5.0
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MAN MONTHS INPUT FOR KEY PROFESSIONAL STAFF
AUTHORITY ENGINEER
No. Position Man-Month in Construction Man-month in Defect

period of 24 months Liability Period of 48
months
Professional Staff
Team Leader Cum Senior 24 12
1. Bridge / Structural
Engineer
Bridge/Structural Design 18 -
2.
Engineer
3. Bridge/Structural 24 48
Engineer-I
4. Bridge/Structural 24 -
Engineer-II
5. Resident cum Highway 24 12
Engineer
Senior Quality cum 24 -
6.
Material Engineer
7. Road Safety Expert 24 -
Sub – Total 162 72
Sub-professional
1. Assistant 24 48
Bridge/Structural
Engineer-I
2. Assistant 24 -
Bridge/Structural
Engineer-II
3. Assistant 24 -
Bridge/Structural
Engineer-III
4. Highway Engineer-I 24 48
5. Road Safety Expert 24 -
6. Quantity Surveyor-I 24 -
7. Survey Engineer-I 24 -
8. Survey Engineer-II 12 -
9. Quality Control Engineer- 24 -
I
77

II
III
12. Electrical Engineer 7 -
13. HTMS / Toll Expert 2 -
14. Horticulture cum 12 -
Landscaping Expert
15. CAD Expert 12 -
16. Environmental Expert 3 -
Sub Total 276 96
Total
The Financial Expert or Legal expert may be required for the project for specific needs.
Their deployment shall be arranged by the consultant on specific requisition from the
Authority and the payment shall be made as per the actual deployment. The Financial
Expert or Legal expert shall be paid at the rates quoted for Senior Pavement Specialist.
78
Enclosure B
QUALIFICATION OF KEY PERSONNEL

TEAM LEADER CUM SENIOR BRIDGE/STRUCTURAL ENGINEER
Duties: The Team Leader will reside at project site on a full time basis throughout the
period of the construction supervision services. He will be overall in-charge of the
project supervision of the construction package. He shall act as Representative of the
consulting firm appointed by the Authority. His duties will involve overall
superintendence over the other key personnel/ experts of the construction package.
He will guide, monitor, supervise and control all the activities related to supervision for
the construction package. He will interact with the Project Director and the other
officials of the Authority.
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 / Bridge Contracts.
(c) At least 5 years experience as Team Leader/Resident Engineer/Project
Manager/Senior Bridge Design Engineer or similar capacity in Highway project
involving major Bridges / Flyovers.
(d) He should have handled as a Team Leader/Resident Engineer/ Project Manager or
similar capacity of Highway Projects involving at least one major bridge/flyover of
length (viaduct portion) equal to 32 m or more in Construction Supervision.
(e) He should have handled as Team Leader or similar capacity of at least one project
preparation of major Highway Project of 4/6 laning involving major bridges/flyovers.
(f) Not more than 65 years of age.
(2) Preferential Qualifications.

(a) Post Graduate Degree in Structural/ Bridge Engineering/ Highway Engineering/
Construction Management.
(b) Supervised Highway Construction projects with Bridges/ Fly Overs / interchanges.
Note:
i) On behalf of Consultant: Team Leader / Resident Engineer (Construction
Supervision /IE/AE).
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 Sl. No. 1(d) and 1(e)
above, where the Input of the personnel is at least one year.
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.
1. Essential Qualifications.
79
a) Graduate in Civil Engineering from a recognized University.
b) Professional Experience of 10 years in supervision of Highway Projects.
c) 5 years experience in similar capacity in Highway Development Project.
d) Should have handled at least 2 major projects(of length 2.4 km or more of similar
configuration (4/6 laning**) and above).
2. Preferential Qualifications.
a) Post Graduate Degree in Transportation/Highway Engineering/Structural

Engineering/Geotechnical Engineering/any specialised stream of Civil Engineering.
b) Experience of Highway Project (of length 2.4 km or more of similar configuration

(4/6 laning**) and above) of Construction / Construction Supervision / IC of Highway
projects
BRIDGE & STRUCTURAL ENGINEER-I, II & BRIDGE & STRUCTURAL DESIGN ENGINEER
The Bridge & Structural Engineer shall be responsible for checking the designs of bridges,
ROBs, interchanges and any other structure to be constructed in the Project highway and
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 10 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.
SENIOR QUALITY/MATERIAL ENGINEER
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
80
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 equipment are fully met.
Experience in latest Quality Management techniques in highway projects shall have added
advantage.
b) Professional Experience of 10 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
d) Experience as Senior Quality/ Material Expert or in similar capacity in handling of at

least 2 similar highway projects.(of length 2.4 km or more of similar configuration
(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
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
b) Professional Experience of 10 years in handling Highway projects.
c) Minimum 5 years experience in Road Safety works of Major Highway Projects (4 / 6

laning projects)
d) Experience in similar capacity in Road Safety Audit of at least 2 nos 4/6 lane**
highway / expressway project including 1 nos at design stage
e) Experience in similar capacity in the field of Road Safety Management Plan.
2. Preferential Qualifications
a) Post Graduate Degree in Traffic Transportation/Safety Engineering.

81
b) Experience in similar capacity in identification and improvement of black spots on

Major Highway Project.
c) Experience in similar capacity in Preparation of Road Safety Management Plan for

inter urban Highways.
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.
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 EXPERT
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/STRUCTURAL ENGINEER
The Candidate should be Graduate in Civil Engineering with 3 years experience. He should
have handled at least 1 major bridge project.
QUALITY CONTROL 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.
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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.
Note: Upto 2 sub-professional can be a fresh graduate (zero/ less than minimum required
work experience) with first class in graduation stream. Eligibility requirement in terms of
minimum years of experience shall not be applicable for this sub professional.
83
84
SECTION 7: DRAFT FORM OF CONTRACT
Note: This draft Agreement is a generic document and shall be modified based on
particular of the Project.
85
CONTRACT FOR CONSULTANT’S SERVICES
Between
(Name of Client)
And
(Name of Consultant)
86
Dated:
87
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 ………………………………………..
88
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 ……………………
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 …………….
89
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 …………………………………………

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 G : Cost Estimates
Appendix H : Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
Appendix J : Letter of invitation

Appendix K : Letter of Award
Appendix L : Minutes of pre-bid meeting ……………
Appendix-M : Memorandum of Understanding (in case of JV)
90
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 (hereinafter called the

hand,
“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 :
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[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 ].
93
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 G : Cost Estimates
Appendix H : Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
Appendix J : Letter of invitation
Appendix K : Letter of Award
Appendix-L : Minutes of pre-Bid Meeting
Appendix-M : 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 accordance with the
Provisions of the Contract.
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]
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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
.
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GENERAL CONDITIONS OF CONTRACT
1. General Provisions
Unless the context otherwise requires, the following terms whenever used in this
Contract
have the following meanings:
1.1 Definitions
(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 “Authority Engineer (AE)” and includes 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,
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“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
Authority Engineer may be modified depending on the site
requirements and work programme of the EPC Contractor after mutual
discussions with Employer, the EPC Contractor and the Authority Engineer.
The work plan as indicated by the
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.
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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
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. Goods & Service tax as applicable shall be paid to
the consultant while making payment for services rendered. The consultants shall
then deposit the same with the tax authorities and provide a proof of having done
so within next 90 days in line with policy circulars issued by Employer.
.
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
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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.
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
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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
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
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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;
(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
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(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 EPC Contractor represents to Employer that the Consultant is not discharging his
duties in a fair, efficient and diligent manner and if the dispute remains
unresolved, Employer 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

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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 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
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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
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
(Employer)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
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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 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

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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:
(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
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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.
(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
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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 such Appendix, 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
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
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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 may initiate action of higher
penalty/termination/debarment upto 2 years as considered appropriate.
Further, after completion of the project, one replacement of key personnel
shall be allowed without any reduction in the remuneration.
(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 Employer 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
Employer’s works for an appropriate period to be decided by Employer 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
Employer to black-list that firm.
(e) In case of extension of contract, the Consultant can propose one time
replacement of each key personnel without attracting any penalty or
reduction in remuneration, subject to approval of the Authority
taking into consideration the progress of work at site. Qualifications
of replacements shall be better or equivalent to the original key
personnel. Any further replacement will be governed as per contract
provisions.
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.
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5. Obligations of the Client
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.
110
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 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
111
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 is set forth in Appendix G.
(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 specified in the SC. The Consultants shall notify the Client as
soon as cumulative charges incurred for the Services have reached 80% 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 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,
112
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 SC
6.3 Currency of Payment

All payments shall be made in Indian Rupees and shall be subjected to applicable
Indian laws withholding taxes if any.
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 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. Each 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
113
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.
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
114
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.
115
III. SPECIAL CONDITIONS OF CONTRACT

GC Clause
116
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: Address of Employer
Attention:
Telex :
Facsimile :
Consultant: Address of Consultant

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;
(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: Member (P) Sh.
(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)
117
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 72 months (24 month for construction period
and 48 months for Maintenance 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:
i) for any indirect or consequential loss or damage; and

ii) Consultant will maintain at its expenses; Professional Liability Insurance
I
including coverage for errors and omissions caused by n
Consultant’s negligence in the performance of its duties under this s
agreement, (A) For the amount not exceeding total payments for u
Professional Fees and Reimbursable Expenditures made or expected to be r
a
118 n
c
e
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 Employer in a joint venture or
‘in association’, the policy must be procured and provided to Employer
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 the Employer. 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.
(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.
119
3.7(c) The other actions are
"(i) taking any action under a civil works contract designating the Consultants
as "Authority’s 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 amount payable Indian Rupee is :
6.2(a) "Payments for remuneration and reimbursable items made in accordance with
Clause GC 6:2(a) :
(i) Consultants shall be paid billing rates for services rendered by the
personnel of all categories namely (i) key Personnel; (ii) sub-Professional
personnel and (iii) Support staff on man-month basis . Billing rates of
remaining items of the financial proposal, namely (i) transportation , (ii)
Duty travel to site (iii) Office Rent, (iv) office supplies communication etc
(v) reports & document printing and (vi) survey equipment etc shall be
worked out month wise as per actual expenditure Beginning 13th months
from the last date of submission of bid, billing rates shall be increased to
cover all items of contract i.e. remuneration, vehicle hire, office rent,
consumables, furniture etc @ 5% every 12 months. However, for
evaluation and award of the Bid proposals, the quoted initial rate (as
applicable for first 12 months from last date of submission of bid) shall be
multiplied by the total time input for each position on this contract, i.e.
without considering the increase in the billing rates. All payments shall be
made in Indian Rupees and shall be subjected to applicable Indian laws
withholding taxes if any.
(ii) Remuneration paid pursuant to the rates set forth in Appendix G shall be
adjusted every twelve (12) months (and, the first time, with effect for
the billing rates earned in the 13th calendar month after the last date of
submission of bid) by 5% every 12month for personnel.
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) Payment of Authority Engineer shall be released on approval of the monthly
reports. Report shall be approved by the Authority only if it includes all the
sections prescribed in the format and submitted as per specified timelines.
(2) Payment shall be released as per rates quoted in Appendix C3- Breakup of
Local currency costs
120
(3) For equipment based road inspection to be conducted in O&M phase,

payment shall be released as per actual use of equipment on road and rates
quoted in Appendix C3- Breakup of Local currency costs.
(4) If any of the report is found to be misleading or containing incorrect

information as determined by the Authority, 10% of payment linked to that
report shall be deducted as penalty
(5) 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.
(6) 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 foreign and local Personnel are set forth in Appendix G
.
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 along with interest 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. The advance payment
shall be in Indian Rupee.
2) The bank guarantee shall be in the amount and in the currency of

the the advance payment.
3) Interest rate shall be 10% per annum (on outstanding amount).
6.4 (c) The interest rate is 10% per annum .

6.4(e) The accounts are:
..........................
121
[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
8.2.1 Selection of Arbitrators

Each dispute submitted by a Party to Arbitration shall be heard by a sole
arbitrator. NHAI shall within 30 days propose names of five (5) Arbitrators
from the list of Arbitrators maintained by SAROD (Society for Affordable
Redressal of Disputes) and Consultant shall within 30 days select one name
from the list of five and the name so selected by the Consultant shall be the
Sole Arbitrator for the matter in dispute. In case NHAI delays in providing the
list of 5 names, President, SAROD will provide 5 names within 30 days of
receipt of reference from aggrieved party in this regard. In case the
Consultant fails in selecting one from the list of five, President, SAROD shall
select one from the list of five provided by NHAI within 30 days of receipt of
reference from aggrieved party in this regard.
8.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with the
procedures of the Arbitration and Conciliation (Amendment) Act, 2015 of
India unless the Consultant is a foreign national/ firm, where arbitration
proceedings shall be conducted in accordance with the rules of procedure of
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 list of five and the sole arbitrator selected pursuant to Clause 8.2.1
hereof shall be expert(s) with extensive experience in relation to the matter
in dispute.
122
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;
(c) The decision of sole arbitrator 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; and
(d) Fee structure shall be as given below:
S. Particulars of fee Schedule Amount payable per

No. and other charges Arbitrator / per case
1. Arbitrator fee Rs.25,000/- per day
Or
Rs.7 lakhs (lump-sum) subject to publishing the

Award within 6 months.
Or
Rs.5 lakhs (lump-sum) subject to publishing the

Award after 6 months but before 12 months.
Note:- The amount of fees already paid for the

days of hearing @ Rs.25,000/- would be
adjusted in the lump- sum payment.
2. Reading Charges Rs.25,000/- per Arbitrator per case including

counter claim.
3. Secretarial Rs.20,000/-
123
Assistance and
Incidental Charges
(telephone, fax,
postage etc.)
4. Charges for Rs.35,000/-

Publishing /
declaration of the
Award
5. Other expenses (As per actuals 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 (Metro cities)
(b) Rs.7,000/- per day (in other cities)
(c) Rs.3,000/- per day, if any Arbitrator

makes own arrangement.
6. Local Travel Rs.1,500/- per day
7. Extra charges for Rs.5,000/- per day for outstation Arbitrator

days other than
hearing / meeting
days (maximum for
2 days)
Note: 1. Lodging, boarding and travelling 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.
124
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
125
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
126
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)
Please refer TOR
127
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. "]
The form of Medical Certificate as required under the rules of Govt. of India
128
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 EPC
Contractor. In this context in case 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.
129
Appendix F:
Duties of the
Client
[List here under:
F-1 Services, facilities and property to be made available to the

Consultants by the Client.
F-2 Counterpart personnel to be made available to the Consultants by the

Client.]
Please refer TOR
130
Appendix G:
Cost Estimates
List hereunder cost estimate in INR:
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable/Rental/Fixed expenditures as follows:
a. Cost of local transportation.
b. Cost of other local services, rentals, utilities, etc.
131
Appendix H: FORM OF PERFORMANCE SECURITY
(PERFORMANCE BANK GUARANTEE)
(Clause-13 of TOR)
To
Address of Employer:
WHEREAS
1
[Name and address of Consultants] (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;
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.
132
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 80 months i.e. upto 2 months beyond the
expiry of contract of 78 months.
Signature and Seal of the Guarantor _________________In presence of
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.
133
Appendix I: 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.
134
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
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)
135
(Official Address) Designation (with Bank stamp)
Attorney as per Power of
Attorney No.
Dated
Strike out, whichever is not applicable.
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.
136
Appendix J
Letter of invitation
137
Appendix K
Letter of Award
138
Appendix L
Minutes of pre-bid meeting
139
Appendix-M
Memorandum of Understanding
between
_____________________
And
__________________________
Whereas the National Highway Authority of India(NHAI)/ Ministry of Road

Transport & Highways (MoRT&H)/...... State PWD (the ‘ Employer’) has invited proposal for
appointment of Authority’s 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 the Employer as
Authority’s 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 Employer/EPC Contractor 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 the
Employer (Consultant may submit the detailed MOU along with percentage sharing
of cost at the time of bidding also).
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
For____________________ (Name of Associate Partner/s)
140
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.
141
PROCEDURE FOR E-TENDER

INSTRUCTIONS TO APPLICANTS
(Note: RFP stands modified to the extent required as per these instructions).
DEFINITIONS
a. National informatics Centre (NIC): A service provider to develop and customize the software and facilitate
the process of e-tendering on application service provider mode.
b. https://etenders.gov.in: An e-tendering portal of National Highways Authority of India (“NHAI”) introduced
for the process of e-tendering which can be accessed on https://etenders.gov.in.
c. 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 bidders to have Class-III digital signature certificate (DSC) with Signature and
encryption component (in the name of Authorized Signatory/person granting Power of Attorney to the
Authorized Signatory/Firm or Organization/Owner of the Firm or organisation) from any of the licensed
Certifying Agency (Bidders can see the list of licensed CAs from the link www.cca.gov.in) to participate in e-
tendering of NHAI. DSC should be in the name of the authorized signatory as authorized in Appendix III of this
RFP. It should be in corporate capacity (that is in Bidder capacity/in case of JV in the Lead Member capacity,
as applicable). The Bidder shall submit document in support of the class III DSC.
(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.
(iii) To participate in the bidding, it is mandatory for the bidders to get registered their firm/Joint Venture with e-
tendering portal of NHAI https://etenders.gov.in to have user ID & Password.
Following may kindly be noted:

(a) Registration should be valid at least up to the date of submission of BID.
(b) Bids can be submitted only during the validity of registration with the https://etenders.gov.in.
(c) The amendments/clarifications to the BID document, if any, will be hoisted on e-tender portal of NHAI i.e.
https://etenders.gov.in and website of NHAI i.e. www.nhai.org.
(d) If the validity of registration of the firm/Joint Venture is not expired then they do not require a fresh
registration.
(iv) The complete BID document can be viewed / downloaded from e-tender portal of NHAI i.e.
https://etenders.gov.in or NHAI website www.nhai.org or from 03.05.2018 to 04.06.2018 (upto 1100 hrs).
(v) To participate in bidding, bidders have to pay a sum of Rs. 5,000/- (Rupees five thousand only) towards
cost of the RFP (non-refundable) in the form of Demand Draft in favour of “National Highways Authority of
India” payable at New Delhi.
2) PREPARATION AND SUBMISSION OF APPLICATIONS:
(i) Detailed RFP may be downloaded from https://etenders.gov.in and the Bid may be submitted online
following the instructions appearing on the screen.
(ii) The following shall be the form of various documents in the Application:
142
A. Only Electronic Form (to be uploaded on the https://etenders.gov.in ) [Refer to Clause 4.1 (preparation
and submission of Application) of the RFP]
(a) Technical proposal as indicated in Para ‘B’ below

(b) Financial proposal as per format prescribed in Section-5 of RFP.
B. Hard Copy in original (identical proposal is to be submitted in sealed envelope and also electronic
form to be uploaded on the e-tendering portal of Authority) [Refer to Clause 4.1 (preparation and
submission of Application) of the RFP]
(I) Technical Proposal in Hard Bound form 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.
(II) Receipt of payment towards cost of RFP of Rs. 5,000/- (Rupees Five thousand only) in the form of
Demand Draft in favour of “National Highways Authority of India” payable at New Delhi;
(III) Deleted
(IV) Deleted.
(V) Duly executed on plain paper ‘Integrity Pact’ as per enclosed format [need not to be uploaded on the
https://eprocure.gov.in in electronic form].
(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 Bid
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 or before last date of physical submission of
documents i.e 05.06.2018 , 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.
Shri Dinesh Yadav

NewDelhi110075.
(Tel:-011-25074100/4200 Ext 1232)
(iv) The Applicant shall upload scanned copies of the documents as specified in para nos. 2 (ii) (A) & (B)
above on the https://etenders.gov.in before 11:00 hours Indian Standard Time on Bid due date i.e 04.06.2018
Hard copy of the documents as a specified in para nos. 2 (ii) B above only is
143
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 RAR only. The
Applicants can upload a single file of size of 30 MB. However, in case of file bigger than 30MB size, the same
can be uploaded through multiple files.
3. Modification/Substitution/Withdrawal of bids:
(i) The Bidder may modify, substitute or withdraw its e- bid, 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.
4. 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 para 2 (ii) B at
11:30 hours Indian Standard Time on bid opening date i.e. 05.06.2018 in the presence of the Applicants
who choose to attend. The Authority will subsequently open the Technical Proposal as mentioned in para 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.
144

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CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER FOR SUPERVISION OF

REQUEST FOR PROPOSAL (RFP)

REQUEST FOR PROPOSAL (RFP)

SECTION 1: INFORMATION TO CONSULTANTS

Sub.: CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER FOR SUPERVISION OF

1. The National Highways Authority of India(NHAI) (the ‘ Employer’) invites

TABLE 1: DETAILS OF PROJECT

S Consultancy NH No. State Project Stretch Project Length Assignment

The RFP shall be received through “INFRACON” (www.infracon.nic.in) and will be

2. Selection of AE shall be as per selection procedures given in the Model Agreement

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

4. National Highway Authority of India (Name of Employer) intends to appoint a

* The construction period to be indicated in the RFP by concerned Technical Division

A). Eligibility criteria for sole applicant firm.

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

Year of Enhancement factor

Shri Dinesh Yadav

SECTION 2. LETTER OF INVITATION TO CONSULTANTS

(i) “corrupt practice” means the offering, giving, receiving, or soliciting,

(ii) “fraudulent practice” means a misrepresentation or omission of facts in

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

(iv) “coercive practices” means harming or threatening to harm, directly or

2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS

Part 1: Technical Proposal

 Surface defects detection and roughness measurement using Network Survey

 Pavement strength measurement using FWD

 Bridge inspection using Mobile Bridge Inspection Unit

 Road signs inspection using Retro Reflectometer

vii. Proposed Quality Audit Methodology including Quality Assurance Plan

x. Requirement for submission of CVs.

d. CVs of Key Personnel having intermittent inputs will be considered only if

Part 2: Financial Proposal

4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

4.1 PREPARATION & SUBMISSION OF APPLICATIONS:

A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer)

(a) Technical proposal as indicated in para ‘B’ below

(I) Technical Proposal in Hard Bound Form including

(c) Copy of Memorandum of Understanding between JV partners, if

(f) Technical proposal as per format prescribed in SECTION-4 OF RFP.

(Mention Address of Employer’s Representative)

Shri Dinesh Yadav

4.2 Modification / Substitution/ Withdrawal of bids:

4.3 OPENING AND EVALUATION OF APPLICATIONS:

(As Mentioned in Letter of Invitation to Consultants)

Sub clause No. in Letter of Invitation to Consultants

1 Pre-Proposal Conference shall be held at: NHAI HQ on 18.05.2018 at 15.00 hrs.

8 The Consultants to state cost in INR .

9 The time and date of submission: 1100 hrs on .

10 The points assigned to Technical Evaluation criteria are:

Experience in Retro reflectometer technology 4

iv. Qualification and competence of following professional/sub-professional staff for

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

v) Detailed evaluation criteria which is to be used for evaluation of technical bids is as

ix) The weightage given to technical proposal is 80%.

The weightage given to financial proposal is 20%.

Note 2: Employer’s certificate/ certificate from Statutory Auditor should be submitted

3. Evaluation Criteria for assessment of experience in use of technology for road

Evaluation sheet for assessment of experience in use of technology for road