Tendernotice 1
Tendernotice 1
ENGINEER
July 2024
Sub: Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
1. The National Highways Authority of India (the ‘Employer’) invites proposals from eligible Consultants for engaging
an Authority’s Engineer (AE) on the basis of International Competitive Bidding for the following contract package
in the State of Bihar.
2. The RFP has also been uploaded on “INFRACON” (www.infracon.nic.in). As such before submitting the proposal
the Consultant shall mandatorily register and enlist themselves (the firm and all key personnel), on the MoRTH
portal “INFRACON” and furnish registration details along with its RFP. A copy of Infracon Operation Procedure
is also enclosed for bidder’s reference.
3. All the bidders registered on Infracon shall form a Team on Infracon and which would be assigned unique
Infracon Team ID. Bidders while submitting the proposal shall quote the Infracon Team ID.
3.1 Any bidder from a country which shares a land border with India will be eligible to bid in any procurement
whether of goods, services (including consultancy services and non-consultancy services) or works (including
turnkey projects) only if the bidder is registered with the Competent Authority as per Stipulated provision In
Ministry of Finance Department of Expenditure (Public Procurement Division) office Memorandum No F. No.
6/18/2019-PPD dated 23.07.2020.
4. Bid must be submitted online at e-tender portal of National Highways Authority of India https://etenders.gov.in
on or before 11:00 hours on 17.09.2024.
5. 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.
6. The proposal shall be submitted in English Language and all correspondence would be in the same language.
7. National Highways Authority of India intends to appoint a Consultant to act as Authority’s Engineer for
implementation of the EPC 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 along with any amendment thereof. The
selection of Independent Engineer shall follow the laid down procedures given in the Contract Agreement signed
between Employer and Contractor.
8. The interested consultancy firms may download the RFP document from the official website of the Employer
w.e.f. 18.09.2024 up to 11:00 hrs. The Consultant who download the RFP document from the website will be
required to pay the non-refundable fee of Rs. 5,000/- towards cost of RFP at the time of the submission of the
Bid proposal transmitted through SFMS Gateway to NHAI, details of which is as under:
Consultancy firms are required to submit payment receipt as poof of payment to the about said Bank Account
along with Technical Proposal. The RFP will be invited through e-tendering portal. Refer Procedure under e-
tendering for submission of RFP through e-tendering.
9. Unqualified bidders would be informed regarding their non-qualification, without any explanation.
10. The proposal should be submitted by consultancy firms in two parts. The two parts of the proposal are Part1:
Technical Proposal and Part2: 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.
10.1 A Bidder is required to submit, along with its technical BID, a self-certification that the item offered meets the
local content requirement for ‘Class -I local bidder' / 'Class-Il local bidder', as the case may be. The self-
certification shall also have details of the location(s) at which the local value addition is made. In case, bidder
has not submitted the aforesaid certification the bidder will be treated as ‘Non- Local Supplier'. The Class-l local
bidder’, Class-II local bidder and Non-Local Supplier are defined as under:
(i) 'Class-I local bidder' means a bidder, whose goods, services or works offered for procurement, meets the
minimum local content as prescribed for 'Class-I local bidder' under this RFP. The ‘local content' requirement
to categorize a bidder as 'Class-I local bidder' is minimum 50%.
(ii) 'Class-II local bidder' means a bidder, whose goods, services or works offered for procurement, meets the
minimum local content as prescribed for 'Class-II local bidder' under this RFP. The ‘local content' requirement
to categorize a bidder as 'Class-II local bidder' is minimum 20%.
(iii) 'Non-local bidder' means a bidder, whose goods, Services or works offered For procurement, has local content
less than that prescribed for 'Class-II local' under this RFP.
(iv) 'Local content' means the Amount of value added in India which shall be the total value of item procured
(excluding net domestic indirect taxes) minus the value of imported content in the item (including all customs
duties) as a proportion of the total value, in percent.
In case estimated project cost is above Rs. 10 crores, the 'Class-I local bidder' / 'Class-II local bidder' shall
provide a certificate from the statutory auditor or cost auditor of the company (in case of companies) or from
a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies)
giving the percentage of local content.
11. The total time period for the assignment as Authority’s Engineer will be for Construction Period of 24 months +
Maintenance Period of 60 Months.
12. 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.
12.1 Any bidder from a country which shares a land border with India will be eligible to bid in any procurement
whether of goods, services (including consultancy services and non-consultancy services) or works (including
turnkey projects) only if the bidder is registered with the Competent Authority as per Stipulated provision In
Ministry of Finance Department of Expenditure (Public Procurement Division) office Memorandum No F. No.
6/18/2019-PPD dated 23.07.2020.
13. (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 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).
(C) The bidder cannot revise their share among Lead/JV partner/Associate partner, which was declared at the
time of bidding/award of respective consultancy assignments. Further, maximum limit of share of associates
shall be limited to their actual assignments w.r.t provision of standard RFP subject to a maximum of 25% of
contract amount.
14. The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to have acknowledged that
without prejudice to the National Highways Authority of India any other right or remedy hereunder or in law or
otherwise, the Applicant shall be debarred from participating in the future projects of the National Highways
Authority of India in the following situations
(a) If an Applicant withdraws its Proposal during the period of its validity as specified in this RFP and as
extended by the Applicant from time to time.
(b) In the case of a Selected Applicant, if the Applicant fails to sign the Agreement.
15. Consulting firms meeting the following criteria are only eligible for applying for this assignment. Firms not
meeting these criteria, need not apply.
** Similar project means 2/4/6 lane as applicable for the project for which RFP is invited. For 2-lane projects
experience of 4/6 lane also to be considered with a multiplication factor of 1.5. Experience of 4/6 lane shall be
considered interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2 lane will be
considered with a multiplication factor of 0.4, but only for those 2 lane projects whose cost of consultancy
services was more than Rs. 3.0 crores. For standalone bridge projects, experience in bridge work (either
standalone project or as a part of road project) only be considered.
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 fulfil at least 50% of requirements at 1(a) of table in para (A) above and other JV partner
should fulfil at least 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.
C) Requirements with respect to Technical Capacity Provisions for maximum works to be permitted with
one consultant:
(i) The maximum number of works to be permitted with one consultant is restricted as per the following ceilings.
Sr Col. (2) Col. (3) Col. (4) Col. (5) Col. (6)
No
1 Average Annual Turnover of Firm Up to Rs. 10 More than Rs. 10 to More than Rs.30 to More than
in last 3 Financial Years (from Crores 30 Crores 60 Crores Rs.60
consultancy works) Crores
No. of Key Professionals on
2. fulltime rolls (minimum for one 10 25 40 60
last year)
Max no. of projects/DPR
Assignments to be allotted to one
3. particular consultant including 6 12 25 40
ongoing projects at a time in
NHAI.
Maximum no. of DPR
4
Assignments out of those given 6 12 25 40
(i)
at Sr. No. 3 above
Maximum no. of IE/AE/SC
4
Assignments (cap of 75%) out of 4 9 18 30
(ii)
those given at Sr. No. 3 above
Note:
(1) Conditions in both Sr. No. 1 & Sr. No. 2 are to be fulfilled to claim maximum no. of projects given in Sr. No. 3 &
4.
(2) In case of JV bidding for the current assignment, the technical capacity of JV will be determined with respect to
the weighted average of turnover, key professionals & ongoing assignments on the basis of share of
consultancy fee in the ongoing assignments and proposed share in the current bid. Refer the illustration at
Annex-B.
(3) In case any partner of the joint venture has its individual remaining bid capacity less than 0.5 thus making him
ineligible for the current bid but, on formation of joint venture, the remaining bid capacity becomes more than
0.5, then during the technical evaluation of the bids, the bids of such JVs will be declared as non-responsive
and they will not allowed to participate in the current assignment.
(ii) The consulting firms should be encouraged to carry out a max of DPR and Supervision Assignments like IE/AE.
Out of maximum number of projects given at Sr. No. 3 above, the celling for IE/AE assignments is 75%. For
example, the Consulting Firm at Col. No. 3 can get total 4 number of IE/ AE assignments only from NHAI whereas
they can get 6 DPR assignments. The Financial Proposal of the Consulting Firm crossing the upper ceiling of
assignments as at Sr. No. 3 and 4 above shall not be opened.
(iii) The following assignments would not be counted for the purposes of maximum number of projects given at Sr.
No. 3 to 4 of above Table.
(a) IE/AE assignments where original assignment period + one year is lapsed or provisional completion of civil
work is Issued, whichever is earlier;
(b) DPR assignments where either (i) the bids for civil works have been received; or (ii) original assignment period
+ one year has lapsed;
(iv) The above guidelines will not be applicable in case of Special Projects such as standalone projects of tunnel,
bridge, emergency landing facility, flyovers and ROB/RUB/Underpass only.
(v) For the purpose of calculation of maximum no. of projects, the works awarded on the date of opening of Financial
Bid and in progress will be taken into consideration as utilized capacity. Projects of NHAI (awarded /in progress)
only shall be considered for maximum no. of projects in Sr. No. 3 & 4 purpose. The Consultant shall provide these
details and they shall be solely responsible for accuracy of such details provided.
(vi) The Consulting Firms shall submit Form-26 AS In order to certify their permanent key personnel (as given in Sr.
No. 2 of above table) along with the proposed candidates.
(vii) The bidders shall submit the requisite details in the prescribed formats of technical proposal along with the RFP
documents for evaluation of bids accordingly. The modified format for determination of Technical Capacity
(Form B-11) is enclosed at Appendix B.
16. In case the financial figures and values of services provided are in foreign currency 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.
17. 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.
18. 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.
19. The two parts of the Proposal (Technical proposal and Financial proposal) must be submitted on-line only with
all pages numbered serially, along with an index of submission as per procedure under e-tendering. Physical
submission of the proposal shall not be accepted. In the event, any of the instructions mentioned herein have
not been adhered to, the Employer may reject the Proposal.
20. 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.
21. 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.
22. RFP submission must be received not later than 11:00 hrs on 17.09.2024 in the manner specified in the RFP
document at the address given below.
Address of Employer:
Bhaskar Mishra
GM (Tech)
Bihar Division
National Highways Authority of India
G-5 & 6, Sector-10, Dwarka- New Delhi-110075
E-mail: [email protected]
Tele: - 011-25074100 (Extn: 1476)
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 (60
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 Consultant have an obligation to disclose any situation of actual or potential conflict that impacts their capacity
to serve the best interest of their Client, or than may reasonably be perceived as having this effect. Failure to
disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract
and/or any other action as deemed fit by the Authority at any stage.
1.7 It is the National Highways Authority of India policy that the consultants observe the highest standard of ethics
during the selection and execution of such contracts. In pursuance of this policy, the National Highways
Authority of India:
(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.
1.8 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.
1.9 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.
1.10 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 up to 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.
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 National Highways Authority of India e-
portal.
2.2 At any time before the submission of Proposals, the Client may for any reason, whether at its own initiative or
in response to a clarification requested by a Consulting firm, modify the RFP documents by amendment. Any
amendment shall be issued in writing through addendum. Addendum may be sent by mail, cable, telex, facsimile
or electronic mail to consultants or/and will be hosted on 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:
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.
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 of the
proposed personnel with the firm.
iii. 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
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
3.5 The technical proposal must NOT include any financial information.
3.6 Bidders are required to submit the detail of all ongoing assignment as per table below with a declaration that
all key personnel in the existing contracts have been duly deployed on such ongoing projects during the last 3
months:
Stage of the project: under implementation/O&M of the Completed project (please select one)
Name of Designation Aadhar Number of days Number of days %
Key No. present on the required to be present availability
personnel project during last during last 3 months
3 months as per schedule
Declaration by bidder
All key personnel in the existing contracts have been duly deployed on such ongoing projects during the last 3 months
Signature
(Authorised Signatory)
3.7 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.
3.8 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.
3.9 Consultants may express the price of their services in the Indian Rupees only.
3.10 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.
(I) Technical Proposal {Only Electronic Form (to be uploaded on the E-tendering portal of
Employer)}
(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) Firm’s credentials as per format prescribed in SECTION-3 OF RFP. (The details are to be
submitted through INFRACON only)
(f) Technical proposal as per format prescribed in SECTION-4 OF RFP. (The details are to be
submitted through INFRACON only.)
(g) Copy of experience certificates apostle at foreign origin, if any (The details are to be submitted
through INFRACON only).
(h) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the General Financial
Rules (GFRs) as per format given in Appendix B-12 shall be submitted by the Bidder with the
RFP Bid duly signed by Authorised signatory & shall be part of the Contract Agreement.
(III) Proof of Online payment towards the cost of Bid document of Rs. 5,000/- (Rupees Five thousand only)
transmitted through SFMS Gateway to NHAI;
(IV) Bidders have to comply with the OM No. 13030/09/2008-vig dated 28th January, 2013 (copy enclosed)
regarding Integrity pact.
(V) Bidders are requested to ensure that documents uploaded in Electronic Form are legible and high quality
scanned documents.
C. The successful bidder shall submit the original documents specified above in point No. 4.1 B (I) (a), (b), (c), (d),
(g) & (h) above together with their respective enclosures to the Authority before signing of the Agreement.
i.) The Applicant shall upload scanned copies of the Technical Proposal and Financial Proposal as specified in
point nos. 4.1 (B) (I) ,(II), (III) & (IV) above on the E-tendering portal of Employer before 11:00 hours
Indian Standard Time on the Application due date i.e. on 17.09.2024. Financial Proposal is to be submitted
On-line only and no hard submission is to be made.
(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.
(i) Opening of Proposals will be done through online for both Financial Proposal and 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 will open the Technical Proposal at 11:30 hours Indian Standard Time on 18.09.2024 in the
presence of the Applicants who choose to attend and evaluate the Applications in accordance with the provisions
set out in the RFP.
(iii) The Financial Proposal 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 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:
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 Authority’s Engineer 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.
5.10 Subject to the provisions of Clause 5.8, the Bidder whose BID is adjudged as responsive. The bidder shall be
declared as the selected Authority Engineer shall be the first Ranked applicant (H-1 having the highest combined
Technical and Financial score as per RFP) as procedure defined as under:
(i) Among all the responsive bidder, the most preferred bidder will be termed as H-1. If H-1 is ‘Class-I Local Bidder',
the contract will be awarded to H-1.
(ii) If H-1 is not 'Class-I local bidder', then the most preferred bidder among the 'Class-I local bidder' (having
Highest combined Technical and Financial Score as per RFP among 'Class-I local bidder’), will be invited to
match H-1 price subject to Class-I local bidder's quoted price falling within the margin of purchase preference,
and the contract will be awarded to such preferred 'Class-I local bidder' subject to 'Class-I local bidder'
matching the financial quote of H-1 or his quote whichever is lower.
(iii) In case such preferred eligible 'Class-I local bidder' fails to match the H-1 price, the 'Class-I local bidder' with
next Highest combined score (having next Highest combined Technical and Financial Score as per RFP among
Class-I local bidders), within the margin of purchase preference shall be invited to match the H-1 price and so
on and contract shall be awarded accordingly. In case none of the 'Class-I local bidder' within the margin of
purchase preference matches the H-1 price, the contract shall be awarded to the H-1 bidder.
'Margin of purchase preference' means the maximum extent to which the price quoted by 'Class-I local bidder'
may be above/below the H-1 for the purpose of purchase preference. The margin of purchase preference shall
be 20%.
5.11 Before issue of LOA, the Expert Team constituted by NHAI will take interview of the key personnel proposed
by the Selected Consultant for the consultancy assignment. If any key personnel is found not suitable, such
person will not be allowed to participate for 3 months in NHAI’s projects. The Consulting Firm will be given
one opportunity to replace unsuitable person with a person of equal or better CV and no reduction in
remuneration shall apply to such replacements. If Consultant fails to produce alternate CV within 7 days or
alternate CV/ Person is also not found suitable by the Expert Team, then the Consultancy Firm shall be given
further opportunity to replace the unsuitable person with reduction in remuneration of that position @ 10%
for such replacement till suitable key person is made available and he is found suitable by Expert Team. The
Key Personnel proposed by the Consultancy Firm and found suitable by Expert Team of NHAI through
interaction shall remain eligible for the same position for three (3) years from the date of interaction in case
they left the project for any justified reason and are subsequently proposed for other projects.
6 AWARD OF CONTRACT
6.1 The Client shall issue letter of award to selected Consultant and ask the Consultant to provide Performance
Security as in Para-7 below. If the selected Consultant fail to provide performance security within the
prescribed time or the Consultant fail to sign the Contract Agreement within prescribed time, the Client
may invite the 2 nd highest ranking bidder Consultant and follow the procedure outlined in Para -6 and 8
of this Letter of Invitation.
7 PERFORMANCE SECURITY
7.1 The successful consulting firm shall have to submit a Bank Guarantee (BG) for an amount of 10% of the Contract
Value within 15 days of issue of LOA. The BG shall be valid for a period of 86 months i.e. upto 2 months beyond
the expiry of the Contract period of 84 months. 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 net worth of not less than 1000 crore as per latest
Annual Report of the Bank. In the case of a Foreign Bank (issued by a Branch in India) the net worth 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.
7.2 In the event the Consultant fails to provide the security within 15 days of date of LOA, it may seek extension of
time for a period of 15 (Fifteen) days on payment of damages for such extended period in a sum of calculated at
the rate of 0.1% (Zero Point One Percent) of the contract price for each day until the performance security is
provided. For the avoidance of doubt the agreement shall be deemed to be terminated on expiry of additional
15 days’ time period.
7.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that in the event of
failure of the Consultant to provide the Performance Security in accordance with the provisions of Clause 7.1
within the time specified therein or such extended period as may be provided by the Authority, in accordance
with the provisions of Clause 7.2 and thereupon all rights, privileges, claims and entitlements of the Consultant
under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the
concurrence of the Consultant, and LoA shall be deemed to have been withdrawn by mutual agreement of the
Parties. Authority may take action debar such firm for future projects for a period of 1-2 years.
9 Penalty Provisions
In case of deficiency in services, the penal action shall be initiated in terms of Clause 3.1.3 of General Condition
of contract.
DATASHEET
1 Pre-Proposal Conference shall be held at: Employer’s office on 27.08.2024 at 11:00 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:
Address of Employer:
Bhaskar Mishra
GM (Tech)
Bihar Division
National Highways Authority of India
G-5 & 6, Sector-10, Dwarka- New Delhi-110075
E-mail: [email protected]
Tele: - 011-25074100 (Extn: 1476)
5 All the personnel shall have working knowledge of English and all the reports etc. shall be written in English.
6 National Highways Authority of India shall reimburse only Goods and service tax. Authority’s Engineer 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® dated 28.10.2015.
i. Sub criteria for Relevant Experience of the firm for the assignment
Average Annual Turnover (last 3 years) from consultancy business 2
Nos. of Highway Professionals with the firm * The professionals who possess degree in Civil 10
Engineering/Transport Planning/Transport Economics/Traffic Management/Geology/ Environment
Science or Engineering and 8 years’ experience in highway/bridge/tunnel with employment in the firm
for more than one year. The current Employment Certificate shall be uploaded by Key Personnel on
INFRACON.
Experience as Independent Engineer/Authority Engineer/Construction Supervision in Number of 10
Highway Projects of length equal to 40% of project length of similar category for which RFP invited of 2/
4/6**-laning or more in last 7 years*
Experience in DPR preparation for Number of Highway Projects (of length 40% of project length of 5
similar category for which RFP invited of 2/4/6**-laning or more) in last 7 years *
In hand DPRs for Authority NHAI Projects (presently under progress) 10
Experience in Construction Supervision/DPR/Design Review of Major structures having length of more 3
than 500 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 Authority’s Engineer for having offered consultancy services to a private organization shall not
be considered as relevant experience for current assignment.
** Similar projects means 2/4/6 lane as applicable for the project for which RFP is invited. For 2-lane projects
experience of 4/6 lane also to be considered with a multiplication factor of 1.5. Experience of 4/6 lane shall be
considered interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2 lane will be
considered with a multiplication factor of 0.4, but only for those 2 lane projects whose cost of consultancy
services was more than Rs. 3.0 crores.
*** In case the project includes any specialized nature of work such as tunnels, specialized structures etc. in
substantial quantum, this requirement/Marks may be included by suitably adjusting marks of other attributes.
In case of JV the turnover and experience details of Lead and JV Employer’s certificate should be submitted
substantiating the experience claimed by the firm.
ii. Sub criteria for Experience in use of technology for road inspection
Sr. Description Maximum Points Sub-Points
No.
1 Experience in Network Survey Vehicle (NSV) or better 7
technology for pavement inspection
1.1 Own Equipment/ Equipment on MOU with Associate or on hiring 4
basis
1.2 Experience 3
(a) 1-2 projects 1
(b) 3-5 projects 2
(c) >5 projects 3
2 Experience in Falling Weight Deflectometer (FWD) or better 4
technology for pavement strength measurement
2.1 Own Equipment/ Equipment on MOU with Associate or on hiring 2
basis
2.2 Experience 2
(a) 1-3 projects 1
(b) > 3 projects 2
3 Experience in Mobile Bridge Inspection Unit or better 5
technology for bridge inspection
3.1 Own Equipment/ Equipment on MOU with Associate or on hiring 2
basis
3.2 Experience 3
(a) 1-2 projects 1
(b) 3-5 projects 2
(c) > 5 projects 3
4 Experience in Retro reflectometer technology 4
4.1 Own Equipment/ Equipment on MOU with Associate or on hiring 2
basis
4.2 Experience 2
(a)1-3 projects 1
(b)> 3 projects 2
Total 20
Note: A. The Authority’s Engineer owning the equipment 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 not be
considered.
C. In case, Ownership document of equipment of Consultancy/ Associate Firm is found months to be false, i) The
consultancy/ Associate firm, as the case may be, shall be put on holiday listing (temporary debarment) for a
period upto 12 months.
D. Experience of the firm shall not be recognized on the basis of equipment usage where the work would have
been performed by a third party.
iii. Qualification and competence of following professional staff for the assignment shall be evaluated. The
weightage for various key staff are as under:-
iv. 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 Authority’s Engineer should carryout self-evaluation based on the evaluation criteria at Appendix-EC. While
submitting the self-evaluation along with bid, Authority’s Engineer 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. 83.15 and 1 Euro = Rs. 88.39 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.
Appendix-EC
Marks self-
Max. Reference/Details of projects
S. No. Description assessed by the
Marks Claimed for self-assessment
bidder
1 Average Annual Turnover (last 3 years) from consultancy business 2
< 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 Nos. of Highway Professionals with the firm * 10
2.1 <10 0
2.2 10-20 8
2.3 >20 but ≤30 9
2.4 >30 10
*The professionals who possess degree in Civil Engineering/Transport Planning /Transport Economics/Traffic Management /
Geology/ Environment Science or Engineering and 8 years experience in highway/bridge /tunnel with employment in the firm
for more than one year. The current Employment Certificate shall be uploaded by Key Personnel on INFRACON.
3 Experience as Independent Engineer/ Authority Engineer/ 10
Construction Supervision in Number of Highway Projects of 2/4/6-
laning** of length (40% of project length) or more in last 7 years.
1 project – 8 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 2 (Two) 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: **For 4/6 laning projects, experience of 2 lane will be considered with a multiplication factor of 0.4, but only for
those 2 lane projects whose cost of consultancy services was more than Rs. 3.0 crore.
Note-4: In case, final DPR & 3D has been submitted and no further action is taken by the employer, the DPR shall be
considered as completed after 3yr and submission of both final DPR and 3D.
*** In case the project includes any specialized nature of work such as tunnels, specialized structures etc. in
substantial quantum, this requirement/Marks may be included by suitably adjusting marks of other attributes.
2. 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/Details
Marks self-
S. Maximum of projects
Description assessed by
No Points Claimed for self-
the bidder
assessment
Experience in Network Survey Vehicle
1 (NSV) or better technology for 7
pavement inspection
Own Equipment/ Equipment on MOU with
1.1 4
Associate or on hiring basis
1.2 Experience 3
(i) 1-2 projects 1
(ii) 3-5 projects 2
(iii) > 5 projects 3
Experience in Falling Weight
Deflectometer (FWD) or better
2 4
technology for pavement strength
measurement
Own Equipment/ Equipment on MOU
2.1 2
with Associate or on hiring basis
2.2 Experience 2
(i) 1-3 Projects 1
(ii) >3 Projects 2
Evaluation sheet for assessment of experience in use of technology for road inspection
Reference/Details
Marks self-
S. Maximum of projects
Description assessed by
No Points Claimed for self-
the bidder
assessment
Experience in Mobile Bridge Inspection
3 Unit or better technology for bridge 5
inspection
Own Equipment/ Equipment on MOU
3.1 2
with Associate or on hiring basis
3.2 Experience 3
(i) 1-2 Projects 1
(ii) 3-5 Projects 2
(iii) > 5 Projects 3
Experience in Retro reflectometer
4 4
technology
Own Equipment/ Equipment on MOU
4.1 2
with Associate or on hiring basis
4.2 Execution 2
(i) 1-3 Projects 1
(ii) >3 Projects 2
Total 20
Notes:
(i) The Consultants owning the equipment shall be required to submit proof of ownership.
(ii) 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 (client) shall not be considered.
Any false certification shall attract provisions of Clause 1.8, Section -2 (letter of Invitation) read with Clause
2.9.1(g) of GCC.
3 Evaluation Criteria for assessment of score of Key Staff for adequacy of the Assignment.
Total : 100
Note:
(2) Only those projects will be considered for evaluation at S. No. 2(b) where the input of the personnel is not < 9
months.
(3) Only those projects will be considered for evaluation at S. No. 2(c), (d) where the input of the personnel is not <
12 months.
(4) In case of experience on behalf of Authority’s Engineer 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.
Note:
(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 Authority’s Engineer or Contractor, the experience shall be duly
endorsed by the respective Government National Highways Authority of India (NHAI). In case of non-
availability of endorsement from Govt. National Highways Authority of India (NHAI), 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.
Total : 100
Note:
(1) Similar Capacity includes the following positions
(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 Authority’s Engineer or Contractor, the experience shall be duly
endorsed by the respective Government National Highways Authority of India (NHAI). In case of non-
availability of endorsement from Govt. National Highways Authority of India (NHAI), 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.
3.4 Senior Pavement Specialist
Total : 100
Note:
(1) Similar Capacity includes the following positions
On behalf of Consultant/Contractor: Pavement Specialist/ Pavement Engineer/ Pavement Expert / Highway
Engineer
On behalf of Government: Executive Engineer
(2) Only those projects (in numbers) will be considered for evaluation above, where the input of the
personnel is not < 6 months
(3) In case of experience on behalf of Authority’s Engineer 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.
.
3.5 Senior Quality/Material Expert
Note:
(1) Similar Capacity includes the following positions
i) On behalf of Consultant/Contractor: Quality Expert/Material Engineer/Material Expert/Quality
Engineer/Geo-Technical Expert.
ii) On behalf of Government: Executive Engineer
(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 Authority’s Engineer or Contractor, the experience shall be duly endorsed
by the respective Government agency. In case of non-availability of endorsement from Govt. Agency, theexperience
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.
3.6 Road Safety Expert
* It is mandatory for the Road Safety Expert to have completed at least 15 days’ certification course
on Road Safety Audit from IAHE/IITs/NITs/CRRI. The CV of the proposed key personnel not having
completed minimum 15 days certification course shall not be evaluated. For avoidance of doubt, it is
clarified herein that the certification training course may be either from a single institution or from multiple
institutions.
S. Description Max. Reference/ Details Marks self-
No. Points of projects Claimed assessed
for self- by the
assessment bidder
1 General Qualification 25
I) Graduate in Civil Engineering 21
II) Post-Graduation in Traffic/ Transportation/ Safety Engineering or 04
equivalent. Post-Graduation in Transportation planning will
also be considered provided it is obtained after Graduation
in Civil
Engineering.
2 Adequacy for the Project 70
Professional Experience
i) Total Professional Experience in handling Highway/Bridgeprojects 15
< 10 years -0
10 years -11 marks
Add one mark extra for each additional year of experiencesubject to
maximum 4 (four) marks.
ii) Experience in similar capacity in Road Safety works on Major Highway Project 15
(similar configuration (2/4/6 laning**) and above).
< 5 years -0
5 years -11 marks
Add one mark extra for each additional year of experiencesubject to
maximum 4 (four) marks.
Note:
(1) Similar Capacity includes the following positions
i) On behalf of Consultant/Contractor: Road Safety Expert
ii) In Government Organizations: Executive Engineer (or equivalent) and above
(2) Only those projects (in numbers) will be considered for evaluation above, where the input
of thepersonnel is not < 6 months
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.
2. ** Similar projects means 2/4/6 lane as applicable for the project for which RFP is invited. For 2-lane projects
experience of 4/6 lane also to be considered with a multiplication factor of 1.5. Experience of 4/6 lane shall be
considered interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2 lane will be considered with
a multiplication factor of 0.4.
National Highway Authority of India Request for proposal for AE
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 2020-
21, FY 2021-22 and FY 2022-23]*. 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.
National Highway Authority of India Request for proposal for AE
Appendix A
The following information related to the firm should be provided in the proposal.
i. Name of the package applied for:-
ii. Year of establishment of firm*
Consultant Year of Country Type of Organization
Establishment Individual Partnership Corporation Other
Individual / Lead
Partner (of JV)/ 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. **
1 2 3 4 5 6 7 8 9 10
A. Completed / Substantially completed
projects:
S. No. Projects Name / Type of Description Client (with Total Fee Fee received by %age of Approx. Period
Year Services of Highway complete for the Applicant (in total fee Cost of
Sole rendered Project/ address, Consultancy case of received Highway
Consultant/ contact Assignment JV/Association) by the Project
Prime Length person, (INR) firm
Consultant of JV (kms) Telephone
/ minor Nos. and Fax
Authority’s Nos.)
Engineer of JV/
/as associate
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 2/4/6 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 received by %age of Period
Year Services of (with for the Applicant total fee
Sole Rendered Project Complete Consultancy (in case of received by
Consultant/ (kms) address, Assignment JV/Association) the firm
Prime contact person, (INR)
Consultant of JV / minor telephone Nos. c
Authority’s Engineer of and Fax Nos.) ase of JV)
JV/ /as associate
consultant
1 2 3 4 5 6 7 8 9
***a) 2/4/6 lane/Bridge work as applicable for the project for which RFP is invited. For 2-lane projects experience of
4/6 lane also to be considered with a multiplication factor of 1.5. Experience of 4/6 lane shall be considered
interchangeably for 4/6 laning projects. For 4/6 lane projects, experience of 2 lane will be considered with a
multiplication factor of 0.4, but only for those 2-lane projects whose cost of consultancy services was more than
Rs.3.0 crores. For standalone bridge projects, experience in bridge work (either standalone project or as a part of
road project) only be considered.
National Highway Authority of India Request for proposal for AE
b) Only those projects, to be included in the table which are Highways Projects and for which clients certificates from
the concerned Government agencies are enclosed with the proposal.
c) The details of bridges having length more than 200m (500m in case the project consist of bridges of length more
than 500m) in the listed projects is to be specifically mentioned.
d) The weightage given for experience of a firm would depend on the role of the firm in the respective assignments.
The firm’s experience would get full credit if it was the sole firm in the respective assignment. 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 the firm Date of Date of Present Team Members provided by
No Assignment letter of Agreement status of the firm
Sole, Lead/ Other Acceptance if signed Assignment
in JV or sub-
consultant
Name DOB Position
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Ladies/Gentlemen:
Subject: Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from Ramnagar
to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing NH-31 (from Km
196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on EPC Mode.
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,
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 Authority’s Engineer have actually visited the site and
familiarized with the salient details/ complexities and scope of services.
National Highway Authority of India Request for proposal for AE
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 1page]
3) Quality Audit methodology including Quality Assurance Plan [not more than 6 pages]
National Highway Authority of India Request for proposal for AE
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
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:
2. Technical/Managerial Staff
Sl. No. Name Position Task
1
i. Support Staff
…
National Highway Authority of India Request for proposal for AE
APPENDIX B-6 : FORMATOF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONALSTAFF
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 along with all the relevant details uploaded on infracon portal.
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 National Highways Authority of India or any other central/stage government organization
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 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 affect the work of the current assignment.
National Highway Authority of India Request for proposal for AE
Name of Assignment Client Date of LOA Likely start Likely end Total input of the
(Month / Year) (Month / Year) person (man-
months)
………………………………………………………….. Date
(Signature of Key Personnel)
(Day/Month/Year)
The Authority’s Engineer 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, Authority’s Engineer shall make references to the
documents which have been relied upon in his self-evaluation.
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 National Highways Authority of India 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.
a) Deleted.
b) Deleted.
c) Deleted.
d) Deleted.
e) Deleted.
f) Deleted
National Highway Authority of India Request for proposal for AE
APPENDIXB-7: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
B. Activity Schedule
1 ................................................
2 ................................................
3 ................................................
4 ................................................
- ................................................
- ................................................
1 Monthly reports
(Design and Construction)
2 Half yearly Reports
I, the undersigned, on behalf of _______________________ (name of the Authority’s Engineer 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.
(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 National Highways Authority of India)
BETWEEN
THE 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 & 6, Sector -10, Dwarka, New Delhi,, hereinafter referred to
as "The Principal", which expression shall, unless repugnant to the meaning of contract thereof, include its successors
and permitted assigns)
AND
Whereas, the Principal intends to award, under laid down organizational procedure, contract/s for “
Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from Ramnagar to Kacchi
Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing NH-31 (from Km 196+700 to Km
198+600), as part of the Amas-Darbhanga highway in the state of Bihar on EPC 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 for Contractor(s)/ Concessionaire(s)/ Consultant(s).
And Whereas in order to achieve these goals, the Principal will appoint an Independent External Monitors (IEMs), who
will monitor the tender process and the execution of the contract for compliance with the Principles mentioned above.
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:
(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 or 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.
National Highway Authority of India Request for proposal for AE
(c) The Principal will exclude all known prejudiced persons from the process.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under
the IPC/PC Act or any other Statutory Acts or if there be a substantive suspicion in this regard, the Principal
will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions as per its internal laid
down Rules/Regulations.
The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to take all measures necessary to
prevent corruption. He commits himself to observe the following principles during his participation in the tender
process and during the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or through any other person
or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the
execution of the contract or to any third person any material or other benefit which he/she is not legally
entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or
during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other Bidders into any
undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contract, submission or 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
principals, if any. Further, details as mentioned in the 'Guidelines on Indian Agents of Foreign Suppliers' shall
be disclosed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s). Further, all the payments
made to the Indian Agent / Representative have to be Indian Rupees only.
(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.
National Highway Authority of India Request for proposal for AE
(h) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) who have signed a Integrity pact shall not
approach the court while representing the matter to IEMs and shall wait for their decision in the matter.
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 Article2, above or in any other form such as
to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a transgression through a
violation of Article-2 such as to put his reliability or credibility into question, the Principal shall be entitled to
exclude including blacklist and put on holiday the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)
for any future tenders/ contract award process. The imposition and duration of the exclusion will be
determined by the severity of the transgression. The severity will be determined by the Principal taking into
consideration the full facts and circumstances of each case particularly taking into account the number of
transgressions, the position of the transgressors within the company hierarchy of the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) and the amount of the damage. The exclusion will be imposed
for a maximum of 1 years.
(3) A transgression is considered to have occurred if the Principal after due consideration of the available evidence
concludes that “On the basis of facts available there are no material doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent and without any
influence agrees and undertakes to respect and uphold the Principal's absolute rights to resort to and impose
such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground,
including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is
given freely and after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of this Integrity Pact has been
committed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall be final and binding on the
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), however, the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) can approach IEM(s) appointed for the purpose of this Pact.
(6) On occurrence of any sanctions/ disqualification etc. arising out from violation of integrity pact, the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) shall not be entitled for any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) could be revoked by the Principal if the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) can prove that he has restored/ recouped the damage caused by him and has installed a suitable
corruption prevention system in his organization.
(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/
National Highway Authority of India Request for proposal for AE
Consultant and/ or demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
(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.
(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).
(1) The Principal has appointed Smt. Gauri Kumar, IAS (Retd.), Sh. Ashish Bhauguna, IAS (Retd.) and Sh. Animesh
Chauhan (Ex-MD & CEO, Oriental Bank of Commerce) as Independent External Monitor (IEM) for this pact. The
task of the Monitor is to review independently and objectively, whether and to what extent the parties comply
with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions
neutrally and independently. He reports to the Chairman, NHAI.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) accepts that the Monitor has the right to
access without restriction to all project documentation of the Principal including that provided by the
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s). The Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) will also grant the Monitor, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his project documentation. The same is applicable to
Subcontractors.
National Highway Authority of India Request for proposal for AE
(4) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality. The Monitor has also signed on ‘Non-
disclosure of Confidential Information’ and of ‘Absence of Conflict of Interest’. In case of any conflict of interest
arising at a later date, the IEM shall inform Chairman, NHAI and recuse himself/ herself from that case.
(5) The Principal will provide to the Monitor sufficient information about all meetings among the parties related
to the Project provided such meetings could have an impact on the contractual relations between the Principal
and the Bidder/Contractor/ Concessionaire/ Consultant. The parties offer to the Monitor the option to
participate in such meetings.
(6) As soon as the Monitor notices, or believes, to notice any transgression as given in Article-2, he may request
the Management of the Principal to take corrective action, or to take relevant action. The monitor can in this
regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate action.
(7) The Monitor will submit a written report to the Chairman, NHAI within 8 to 10 weeks from the date of reference
or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting
problematic situations.
(8) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion of an offence under relevant
IPC/PC Act or any other Statutory Acts, and the Chairman, NHAI has not, within the reasonable time taken
visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also
transmit this information directly to the Central Vigilance Commissioner.
(9) The word 'Monitor' would include both singular and plural.
This Pact begins when both parties have legally signed it (in case of EPC i.e. for projects funded by Principal and
consultancy services). It expires for the Contractor/ Consultant 12 months after his Defect Liability Period is
over or 12 months after his last payment under the contract whichever is later and for all other unsuccessful
Bidders 6 months after this Contract has been awarded. (In case of BOT Projects) It expires for the
concessionaire 24 months after his concession period is over and for all other unsuccessful Bidders 6 months
after this Contract has been awarded. Any violation of the same would entail disqualification of the bidder and
exclusion from future dealings.
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.
(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.
(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.
National Highway Authority of India Request for proposal for AE
(5) Issue like warranty / Guarantee etc. shall be outside the purview of IEMs.
(6) In the event of any contradiction between the Integrity Pact and its Annexure, the clause in integrity pact shall
prevail.
(7) 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.
(8) The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in
accordance with the provision of the extent law in force relating to any civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first done mentioned in the
presence of following witness:-
……………………………………. ……………………………………..
For & on behalf of the Principal For & On behalf of Bidder/ Contractor/
(Office Seal) Concessionaire/ Consulting
Place……………
Date………….…
Witness 1:
(Name & Address) ________________
________________
________________
Witness 2:
(Name & Address) ________________
________________
________________
(TO BE FILLED BY THE SOLE CONSULTANT & IN CASE OF JV, SEPARATELY BY JV PARTNERS BIDDING FOR THE
ASSIGNMENT)
(ii) Details of all in-hand DPR projects or DPR projects awarded by NHAI for NH works:
Bids for Civil Works In case Techincal
Sl. received or original of JV, Capacity utilized
Project Start Scheduled
No assignment period + share of after applying JV
Description Date Completion
. one year lapsed (Yes/ Contract share as per Note
No) Fee (%) 2
1 2 3 4 5 6 7
1 2 3 4 5 6 7
National Highway Authority of India Request for proposal for AE
Format for undertaking by the firm for in-hand AE/ IE Projects:
The undersigned on behalf of ----- (name of consulting firm) certify that the firm do not have any other in-hand/
awarded AE/IE project other than those listed above. For all other such projects undertaken by the firm, where
original assignment period + one year is lapsed or provisional completion of civil works is issued, whichever is
earlier, the consulting firm/JV was not at default on these project assignments.
Date:……………………..(dd/mm/yyyy)
[Signature of authorized representative of the Firm]
(iv) Self-Assessment by the consultancy firm (in case of JV, separately by the JV partners) on eligibility as
per technical capacity provisions:
(1) (2) (3) (4) (5)
Average No. of Key Max. no. of Total Remaining
Annual Professionals projects to be ongoing/awar Capacity for new
Turnover of on full time allotted to ded Projects Projects (nos.)
firm in last 3 rolls one particular (nos.)
FY (from (minimum consultant
consultancy from last including
works) one year) ongoing
with the projects at a
consultancy time in NHAI
firm
(v) Self-Assessment by the JV (in case, bid is submitted by JV partners) on eligibility as per technical
capacity provisions:
(1) (2) (3) (4) (5)
Consultan Weighte Weighted Max. no. of Total Remaining
cy fee d Average no projects to be ongoing/awar Capacity for new
share (%) average of key allotted to one ded Projects Projects (nos.)
for the JV turnover Professiona particular (nos.) ^
partners of JV in ls on full consultant
last 3 FY time rolls including
(from (min. from ongoing
consulta last one projects at a
ncy) * year) with time in NHAI
JV**
Firm Firm Total DPR IE/AE Total DPR IE/AE Total DPR IE/AE
-1 -2
Note 1:
$ The figures in column 5 be rounded off to the nearest interior i.e. in case remaining bid capacity
comes to 0.5 or more than it will be considered as 1, in case less than 0.5 it will be considered as 0
(zero)
Note 2:
Clarification for Technical Capacity utilized in case of JV with other firm than proposed in current
assignment.
In case Firm-1 proposes for new JV with other partner, then capacity utilization will be calculated on
the basis of JV share in existing assignments e.g.
Note 3:
The Consultant shall resubmit the bid capacity details as per above format at the time of opening of
Financial Bid.
National Highway Authority of India Request for proposal for AE
Illustration for Determination of Technical Capacity (Sole)
(1) (2) (3) (4) (5)
Average No. of Key Max. no. of Total Remaining
Annual Professionals projects to be ongoing/award Capacity for
Turnover on full time allotted to one ed Projects new Projects
of firm in rolls particular (nos.) (nos.) $
last 3 FY (minimum consultant
(from from last one including
consultanc year) with the ongoing projects
y works) consultancy at a time in NHAI
firm
Note 1: $ The figures in column 5 be rounded off to the nearest interior i.e. in case remaining bid
capacity comes to 0.5 or more than it will be considered as 1, in case less than 0.5 it will be
considered as 0 (zero)
Technical Capacity of Joint venture of Firm-1 & Firm-2 (for different combinations of Consultancy fee share)
Firm Firm Total DPR IE/AE Total DPR IE/AE Total DPR IE/AE
-1 -2
60 40 38 36 12 12 9 19.4 6.4 13 0 0 0
75 25 27.5 26.25 12 12 9 14.75 5.5 9.25 0 0 0
50 50 45 42.5 25 25 18 22.5 7 15.5 2.5^ 2.5^ 2.5^
70 30 31 29.5 12 12 9 16.3 5.8 10.5 0 0 0
Note 1:
$ The figures in column 5 be rounded off to the nearest interior i.e. in case remaining bid capacity
comes to 0.5 or more than it will be considered as 1, in case less than 0.5 it will be considered as 0
(zero)
^In term of Note (3) Table 1.1, as the Balance bid capacity of Firm-1 is nil. So in spite of remaining
capacity 2.5 the JV not to be considered as responsive.
Appendix-B-12
National Highway Authority of India Request for proposal for AE
(To be on the letter head of the Bidder/ Each Member of the JV/Associates)
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the General Financial Rules (GFRs)
The General Manager (T)
National Highways Authority of India
G-5&6, Sector 10, Dwarka,
New Delhi - 110 075
Dear Sir,
With reference to your RFP document dated *** **$, I, having examined the Bidding Documents and understood their
contents, hereby undertake and confirm as follows:
I have read the clause regarding restrictions on procurement from a bidder of a country which shares a
land border with India and on sub-contracting to contractors/Consultant from such countries; I certify that
this Bidder is not from such a country or, if from such a country, has been registered with the Competent
Authority, specified in Annexure-I of Order (Public Procurement No. 1) issued by Ministry of Finance,
Department of Expenditure Public Procurement Division vide F. No. 6/18/2019-PPD, dated 23rd July 2020
and will not sub-contract any work to a contractor/Consultant from such countries unless such
contractor/Consultant is registered with the said Competent Authority. I hereby certify that this bidder
fulfils all requirements in this regard and is eligible to be considered.
Yours faithfully,
Date:
Place:
(Signature of the Authorised signatory)
(Name and designation of the of the Authorised signatory)
Name and seal of Bidder/Each Member of the Consortium
Notes:
{Where applicable, evidence of valid registration by the Competent Authority shall be attached}
In case the above certification is found to be false, this would be a ground for immediate rejection of Bid/termination
and further legal action in accordance with law.
OM F. No. 6/18/2019-PPD, dated 23rd July 2020 is enclosed herewith for ready reference.
National Highway Authority of India Request for proposal for AE
SECTION 5: FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL.
Address of Employer:
Bhaskar Mishra
GM (Tech)
Bihar Division
National Highways Authority of India
G-5 & 6, Sector-10, Dwarka- New Delhi-110075
E-mail: [email protected]
Tele: - 011-25074100 (Extn: 1476)
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:
*The man-month against each key personnel/sub-professional shall be same as specified in Enclosure A of TOR.
National Highway Authority of India Request for proposal for AE
II. Support Staff
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
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
IV. Duty Travel to Site (Fixed Costs) (For all Lengths of projects) : Professional and Sub-
Professional Staff
V. Office Rent (Fixed Costs) – Minimum 200 sqm area of office shall be rented at Thrissur and 150
sqm office shall be rented at Trivandrum.
The rent cost includes electricity and water charges, maintenance, Cleaning, repairs, etc. complete.
The rent cost includes electricity and water charges, maintenance, cleaning, repairs, etc. complete.
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
84
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 from the Competent Authority in National Highways Authority
of India.
National Highway Authority of India Request for proposal for AE
SECTION 6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER
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 Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield
corridor from Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including
widening of the existing NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga
highway in the state of Bihar on EPC Mode 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.
2.1 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.
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.
National Highway Authority of India Request for proposal for AE
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 EPC Agreement.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for Change of Scope under Article
13.
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.
The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI; RO/CE/ADG in the case
of MoRTH projects executed through the State PWDs; and PD/ED/Director in the case of NHIDCL) is responsible
for the overall supervision and monitoring of the execution of project as the representative of the owner of the
project. The Authority's Engineer is appointed to assist the Authority for carrying out the functions as detailed
under clause 18.2 of the EPC Agreement. As such, an officer of the Authority is vested with all such powers and
responsibilities as are enjoined upon the Authority's Engineer and is fully competent to issue any instructions
for proper monitoring and supervision of the project, either by himself or through the Authority's Engineer.
Instructions issued by the concerned officer of the Authority shall have the same effect as that of the Authority's
Engineer in terms of this Agreement. Wherever such concerned officer issues any instructions or notice to the
Contractor, he shall endorse a copy thereof to the Authority's Engineer.
5 Construction Period
5.1 During the Construction Period, the Authority’s Engineer shall review and approve 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 EPC Agreement.
The Authority’s Engineer shall complete such review and approve 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.
5.2 The Authority’s Engineer shall review and approve any revised Drawings sent to it by the Contractor and furnish
its comments within 10 (ten) days of receiving such Drawings. The review/approval of drawing should be
authenticated by Authority’s Engineer.
5.3 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 Authority’s
Engineer 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 Authority’s Engineer Authority’s Engineer shall also offer their comments for
modifying/ improving the document. After receiving the corrected document, the Authority’s Engineer shall
National Highway Authority of India Request for proposal for AE
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 from the date of receipt
of the proposed methodology from the Contractor.
5.4 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 EPC Agreement.
5.5 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.
5.6 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.
Team Leader will be responsible for sending daily emails to National Highways Authority of India office
5.7 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
Section Sub-Sections
No.
1.1 Construction progress in current month
1 Executive Summary 1.2 Summary of strip plan
1.3 Detailed strip plan
National Highway Authority of India Request for proposal for AE
S
Section Sub-Sections
No.
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
Critical issues and 3.1 Pending issues and action log
3
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
Mobilization of 7.1 Resource mobilization by contractor/
7
Resources concessionaire
Financial Progress 8.1 Pen picture- Escrow
8
Details 8.2 Escrow details
Summary of quality 9.1 Tests witnessed by IE/AE
9
control tests 9.2 Tests conducted by IE/AE
Monitoring of 10.1 Critical issues and action log
maintenance 10.2 Cumulative defects and deficiencies
10
obligations during
10.3 Status of damages
construction phase
11.1 Pen picture on safety features at
11 Safety features construction site
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
5.8 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.
5.9 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.
National Highway Authority of India Request for proposal for AE
5.10 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, 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.
5.11 The Authority’s Engineer shall test check at least 60(sixty) percent of the quantity or number of tests prescribed
for each category or type of test for quality control by the Contractor.
5.12 The timing of tests referred to in Paragraph 5.10, 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.
5.13 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.
5.14 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 EPC
Agreement shall apply.
5.15 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 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.
5.16 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 12.2 of EPC Agreement.
5.17 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.
5.18 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.
5.19 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
National Highway Authority of India Request for proposal for AE
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 Authority’s Engineer shall use following
equipment in carrying out the tests.
6 Maintenance Period
6.1 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.
6.2 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.
6.3.1 The 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
(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
(i) Variation by more than 2% in the prescribed slope of camber/cross fall Weekly
(ii) Edge drop at shoulders Weekly
(iii) Variation by more than 15% in the prescribed side (embankment) slopes Weekly
(iv) Rain cuts/gullies in slope Weekly
Damage to or silting of culverts and side drains during and immediately
(v) Weekly
preceding the rainy season
(vi) Desilting of drains in urban/semi-urban areas Daily
National Highway Authority of India Request for proposal for AE
Frequency of
Nature of defect or deficiency
inspection
(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 obstruction
(i) Daily
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 facilities, truck lay-
(i) bys, bus-bays, bus- shelters, cattle crossings, Traffic Aid Posts, Medical Aid Daily
Posts and other works]
(j) Incident Management
Instances of Incident Management as reported including time of call, response
(i) Daily
time, services rendered and time of clearing of the 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
(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
National Highway Authority of India Request for proposal for AE
Frequency of
Nature of defect or deficiency
inspection
Gathering of dirt in bearings and joints; or clogging of spouts, weep holes and
(ii) Weekly
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, floor or guide
(vi) Weekly
bunds
(vii) Growth of vegetation affecting the structure or obstructing the waterway Weekly
6.3.2 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.
6.3.3 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
6.3.4 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.
6.3.5 The Authority’s Engineer shall also be responsible for inspection and monitoring of Wayside
Amenities. ETC (Electronic Toll Collection) and ATMS (Advanced Traffic Management System) and incident
management.
6.4.1 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.
Frequency of condition
S No Key metrics of Asset Equipment to be used
survey
At least twice a year (As
Surface defects of Network Survey Vehicle per survey months
1
pavement (NSV) defined for the state basis
rainy season)
At least twice a year (As
Roughness of per survey months
2 Laser Profilometer
pavement defined for the state basis
rainy season)
National Highway Authority of India Request for proposal for AE
Falling Weight
3 Strength of pavement At least once a year
Reflectometer (FWD)
At least twice a year (As
Mobile Bridge Inspection per survey months
4 Bridges
Unit (MBIU) defined for the state basis
rainy season)
At least twice a year (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.
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
(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.
National Highway Authority of India Request for proposal for AE
(iii) The following are the set of deliverables which should be submitted after completion of inspection test as part
of Monthly Progress Report
6.4.4 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
(ii) Detailed bridge inspection report shall be submitted as per the Inspection Proforma provided in IRC-SP 35
(i) The Authority Engineer shall measure Coefficient of retro reflected luminance RA (night time retro reflection) of
road traffic signs using a portable retro reflectometer.
(ii) The following criteria shall be met by the process of road signs retro reflection measurement
• Measurement of retro reflective 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
National Highway Authority of India Request for proposal for AE
(iii) The following are the set of deliverables which should be submitted after completion of survey as part of
Monthly Progress Report
• System generated coefficient of retro reflected luminance RA (nighttime retro reflection) of all road signs
• Interpretation report covering analysis of road signs falling in different range of RA and actions to be taken
6.5 The Authority Engineer shall carry out following inspections of ETC lanes at toll plazas on a month basis:
(i) 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/ National Highways Authority of India
technical specifications and requirements
(ii) 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
6.6 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;
6.7 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.
6.8 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.
6.9 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 EPC Agreement
7.2 The Authority’s Engineer shall determine the period of Time Extension that is required to be determined by it
under the Agreement.
7.3 The Authority’s Engineer shall consult each Party in every case of determination in accordance with the
provisions of Clause 18.5 of EPC Agreement.
8 Payments
8.1 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
EPC Agreement.
(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 EPC
Agreement.
8.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the First stage Maintenance Payment
Statement from the Contractor pursuant to Clause 19.6 of EPC Agreement, verify the Contractor’s statement
and certify the amount to be paid to the Contractor in accordance with the provisions of the Agreement.
8.4 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 EPC Agreement.
The Authority’s Engineer shall perform all other duties and functions as specified in the Agreement.
10 Miscellaneous
10.1 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 up to 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.
National Highway Authority of India Request for proposal for AE
10.2 As per Policy guideline No 10.2.28/2021 dated 15.01.2021, NHAI has developed an advanced Face Recognition
location based mobile Application System e- Attendance System to track and monitor attendance of key
personnel deployed by AEs/ IEs & Consultants for the project. This system is integrated with Data Lake/ PMS
Portal. The application uses facial recognition, GPS based location identification enabling a user to mark their
daily attendance daily by signing-in, in the morning and sign out, at the end of the day. The E- attendance System
is mandatory with effect from 20 January 2021 for all key personnel/ engineers deployed by AE/ IE Consultant
as per their contract.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 The Authority’s Engineer shall inform the Authority and the Contractor of any event of Contractor’s Default
within one week of its occurrence.
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,
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 Completion Certificate. The proposal
submitted shall also include the name of the authorized representative along with the authorization letter
and power of attorney.
12.2 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 personals mentioned in Para5.3 (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, Em ployer would
beat 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.
12.3 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.
National Highway Authority of India Request for proposal for AE
13. PERIOD OF SERVICES
13.1 The services of an Authority’s Engineer will be in phases as per Contract Agreement.
13.1.1 The appointment of the Authority’s Engineer shall initially be as per details given below.
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. Extension of Time for providing services of the Authority’s Engineer may be extended
concurrently with the Extension of Time granted, if any, to the EPC Contractor for the project, subject to
satisfactory performance of the Authority’s Engineer and limited to original period of consultancy services.
The Firm shall appoint a personnel from its head office to act as Project Coordinator for the assignment. He will
be authorised to communicate with the Authority in respect of all matters pertaining to the project. The cost of
the Project Coordinator shall be incidental to the Consultancy Assignment.
National Highway Authority of India Request for proposal for AE
Enclosure-A
Note:
1. The other inputs like support staff shall be provided by the Consultant of an acceptable type commensurate with the roles
and responsibilities of each position
2. In case of project having different construction period, Man Month Input shall be adjusted proportionately
3. The Financial Expert or Legal expert or Contract Specialist 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 or Contract Specialist shall be paid at the rates quoted
for Senior Pavement Specialist.
National Highway Authority of India Request for proposal for AE
Enclosure-B
1. Essential Qualifications.
a) Graduate in Civil Engineering from recognized university.
b) Total Professional Experience of at least 12 years in handling Highway Projects.
c) At least 5 years’ experience as Team Leader/Project Manager or similar capacity in
Highway Development Project.
d) He should have handled as Team Leader/Project Manager or similar capacity of at
least two projects in Construction Supervision / IC (of length 40% of project length or
more of similar configuration (2/4/6 laning**)
e) He should have handled as Team Leader or similar capacity of at least two Projects of
project Preparation of major highway Project (of length 40% of project length or more
of similar configuration (2/4/6 laning**).
f) Experience as Team Leader/Project Manager or similar capacity in Operation and
Maintenance of Major Highway Projects (of length 40% of project length or more of
similar configuration (2/4/6 laning**).
2. Preferential Qualifications.
a) Post Graduate Degree in Construction Management/Transportation/Highway
Engineering//Structural Engineering/ any specialised stream of Civil Engineering.
b) Highway Development Projects (of length 40% of project length or more of similar
configuration (2/4/6 laning**) taken up under EPC.
c) Degree/Diploma/Certificate in Project Management
National Highway Authority of India Request for proposal for AE
Note: (1) Similar Capacity includes the following positions
National Highway Authority of India Request for proposal for AE
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), 1(e)
& 1(f)above, where the input of the personnel is 12 months, 9 months and 12 months
respectively.
RESIDENT CUM HIGHWAY ENGINEER
The Resident cum Highway Engineer shall be responsible for supervising the works of
highway to be constructed by the Contractor for this project. He shall also inspect the
pavement rehabilitation and repair works to be undertaken by the Contractor.
He should have the following qualification / experience.
1. Essential Qualifications.
a) Graduate in Civil Engineering from a recognized University.
b) Professional Experience of at least 12 years in Highway Projects.
c) At least 5 years’ experience in similar capacity in Highway Development
Project.
d) Should have handled at least 2 major projects (of length 40% of project length
or more of similar configuration (2/4/6 laning**) and above).
2. Preferential Qualifications.
a) Post Graduate Degree in Transportation/Highway
Engineering/StructuralEngineering/Geotechnical Engineering/any
specialised stream of Civil Engineering.
b) Experience of Highway Project (of length 40% of project length or more of
similarconfiguration (2/4/6 laning**) and above) of Construction /
Construction Supervision
/ IC of Highway projects
National Highway Authority of India Request for proposal for AE
BRIDGE & STRUCTURAL 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 Contractor for this project. He shall also inspect the bridge
rehabilitation and repair works to be undertaken by the Contractor. He should have
thorough understanding and experience with international `best practices’ of modern
bridge construction technology.
He should have the following qualification / experience.
1. Essential Qualifications.
National Highway Authority of India Request for proposal for AE
a) Graduate in Civil Engineering from a recognized University.
2. Preferential Qualifications.
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 PAVEMENT SPECIALIST
The expert shall be continuously interacting with the Contractor, for the review of
highway designs and drawings using sophisticated computer software and also
construction and O&M works and to ensure life cycle cost effectiveness and viable
design of pavement including appropriate rehabilitation / strengthening of the
existing two lane pavement which is significantly distressed. He shall also be
responsible for ensuring complete adherence to maintenance standards during
Construction and Operation period. Thus, the position requires a pavement specialist
with thorough knowledge and understanding of international ‘best practices’ in the
field of Design, Construction and maintenance of flexible/rigid type of pavements
including latest Codal stipulations and specifications.
He should have the following qualification / experience.
1. Essential Qualifications.
a) Graduate in Civil Engineering from a recognized University.
b) Professional Experience of at least 10 years in Pavement Design / Pavement
Construction / Pavement Maintenance of Highways / Roads / Airfield Runways
c) Experience of at least 5 years in similar capacity in Construction / Construction
Supervision of 2/4/6 laning** of major highway projects.
d) Experience as Pavement / Geotechnical Engineer in
Construction/Construction Supervision of at least 2 major highway projects (of
length 40% of project length or more of similar configuration (2/4/6 laning**)
and above).
2. Preferential Qualifications.
1. Essential Qualifications.
a) Graduate in Civil Engineering from a recognized University.
2. Preferential Qualifications.
1. Essential Qualifications.
a) Graduate in Civil Engineering from a recognized University.
2. Preferential Qualifications
a) Post Graduate Degree in Traffic Transportation/Safety Engineering.
b) Experience in similar capacity in identification and improvement of black spots on
Major Highway Project.
c) Experience in similar capacity in Preparation of Road Safety Management Plan for inter
urban Highways.
SUB PROFESSIONAL
The Highway Design Engineer shall be responsible for the review of highway designs and drawings
using sophisticated computer software. His experience shall include computer aided design methods
for highway engineering with particular reference to CAD application to the geometric design for
highway projects.
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.
CAD EXPERT
ENVIRONMENTAL ENGINEER
National Highway Authority of India Request for proposal for AE
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 highwayprojects. He
should have good knowledge of MOEF guidelines/requirements for mitigation measures.
The Candidate should be Graduate in Civil Engineering with 3 years’ experience. He should have
handled at least 1 major bridge project.
National Highway Authority of India Request for proposal for AE
ASSISTANT QUALITY CUM MATERIAL ENGINEER
The Candidate should be Graduate in Civil Engineering or diploma in Civil Engineering with 3 years’
experience.
ELECTRICAL ENGINEER
The Candidate should be Graduate in Electrical Engineering from recognised institute. He shouldhave
at least 6 years’ experience
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
bachelor’s 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
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. However, this is not applicable to Highway
Design Engineer and Bridge/ Structure Design Engineer, who have to fulfill the qualification/ experience
requirements as mentioned in the RFP documents.
National Highway Authority of Request for proposal for
India Annexure I- Daily Inspection Report in construction
AE period
Results of lab
Description tests Name of key
of inspection conducted personnel
Component Item Description
work (Test inspecting
carried out conducted, the work
Pass/Fail)
1. Road works
Embankment/ Sub
including
Grade/ GSB/
culverts, and
WMM/ DBM/ BC
minor bridges
2. Major Bridge
Foundation/ Sub
works, Flyovers,
structure/ Super
ROB, RUB, VUP,
structure
PUP
3. Approach to
Foundation/ Sub
ROB/RUB/ Major
structure/ Super
Bridges/ Viaduct
structure
/ RE wall
4. Other Works
ROADS
Rutting exceeding 10 mm in
more than 2% of road surface
(v)
in a stretch of 1 km (measured
with 3 m straight edge)
(vi) Bleeding/skidding
Ravelling/Stripping of
(vii) bitumen surface exceeding 10
sq m
Desilting of drains in
(vi)
urban/semi-urban areas
(i)
poor visibility or loss of retro-
reflectivity
Obstruction in a minimum
head-room of 5 m above
(i)
carriageway or obstruction in
visibility of road signs
Removal of vegetation
(iv) affecting sight line and road
structures
(f ) Rest areas
Toll plaza[s]
(g)
Damage or deterioration in
Approach Roads, -
[pedestrian facilities, truck
(i) lay-bys, bus-bays, bus-
shelters, cattle crossings,
Traffic Aid Posts, Medical Aid
Posts and other works]
BRIDGES
(i) Cracks
(ii) Spalling/scaling
(i) Deformation
Joints in bridges
(e)
Deforming of pads in
(i)
elastomeric bearings
Damage or deterioration in
(iii)
parapets and handrails
Damage or deterioration in
approach slabs, pitching,
(vi)
apron, toes, floor or guide
bunds
Equipment based road inspection shall be done by the Authority’s Engineer twice a year as per the month of the year
defined in the following table.
However, since the first survey shall be conducted at the time of completion testing, the following modification to the
schedule shall be adopted. For example, if majority of highway length (>50%) passes through a state, where defined
survey months are May and November, if completion testing is conducted in April, then the first equipment based
survey shall be conducted in the month of April. This shall be considered as the equipment based survey to be
conducted in the month of May. The 2nd equipment based survey shall be conducted in the month of November, the 3rd
survey shall be conducted in the month of May and so on. As regards FWD, the first test/survey shall be conducted at
the time of completion in April. The 2nd test/survey shall be conducted in April of next year and so on.
[PROJECT NAME]
Authority Engineer
[NAME OF CONSULTING FIRM]
1. Slow Progress of Structures: The progress of structures (especially, major bridges, flyovers and
ROB’s) is very slow. Overall progress is only XX%. Out of the total YY underpasses not even
single underpass structure and its approaches is completed so far. No bridge is open to traffic
sofar.
2. Status of Change of Scope Proposals: Concessionaire has submitted Xx No. Change of Scope proposals.
Yy No. of them are still pending for decision. Concessionaire has not submitted necessary clarifications
/details for the following Changes of Scope in spite of severalreminders.
% Total
Length Length % Total Length % Total
Pending
(km) (km) Length (km) Length
Length
Total Length 80 Total 80 Total 35
Length Length
Total 7 12% Total 27.5 33% Total 0 0%
Workfront Length Length
Unavailable Completed Completed
(Till DBM) (Till DBM)
Pending Land 0 0% BC 27 32% BC 0 0%
Acq. DBM 27.5 33% DBM 0 0%
Pending 7 12% WMM 29.5 35% WMM 0 0%
Clearances GSB 32.5 39% GSB 0 0%
Encumbrances 0 0% Sub-Grade 35 42% Sub-Grade 0 0%
C&G 47.9 57% C&G 0 0%
2 Project Overview
Project Name
NH No. (New/ Old)
Scheme/ Phase
Mode of the Execution (BOT Toll/ BOT
Annuity/ EPC/ HAM/ Item Rate/ Others)
No. of Lanes/ Configuration
Length of the Project (in Km)
Total Project Cost (in Cr)
No. of Bypasses (Name of Town, Length)
No. of Major Bridges (Number and Location)
No. of Toll Plazas (Number and Location)
No. of Fly Overs (Number and Location)
DPR Authority’s EngineerName
Lead & Consortium Members of Banks
Concessionaire Name (SPV & Parent
Company)
Date of Award (LOA Date)
Appointed Date
Concession Period
Construction Period (in Days)
O&M Period (in Days)
Scheduled Date of Completion
Authority Engineer
IE / AE Agreement Date
IE / AE Mobilization Date
[Above image is illustrative only. Please include chainage and name below the axis and list of features above
the axis]
Expected
Ongoing Chainage(s
Length Action(s) date/ Actual
S.N Issue / New Concerned ) affected Action(s)
Type affecte suggested by Date for
o Description Issue/ Authority due to the taken till now
d (km) the AE resolving
Resolved issue
issue
1. Proposal
submitted to
MoEFLetter Escalate to
Diversion of Xx
Ongoing sent by RO to higher level [DD/MM/YYYY
1 ha of forest Clearance MoEF [Chainage] 4 kms
Issue MoEF nodal officers at ]
Land
officer on MoEF
[DD/MM/YYYY
]
1. Escalated to
chief secretary
level through
21
DO from
Crcompensatio Land [CALAName [DD/MM/YYYY
2 Resolved [Chainage] 2.4 km Chairman/
n disbursement Acquisition ] ]
Secretary,
pending
dated
[DD/MM/YYYY
]
Project
Director to
Slow progress
Concessionair New [Concess. call higher ups [DD/MM/YYYY
3 by [Chainage] 57 km None
e Issue Issue Name] of ]
concessionaire
concessionair
e
4 Physical Progress
Physical
Physical Progress
%
Component Progress(During (Cumulative,
Weightage
Current Month) Upto Current
Month)
Road Works 35.00% 5% 15.0%
Major Bridge works and ROB /
40.00% 1.20% 26.2%
RUB
Structures 21.00% 0.00% 0.8%
Other Works 4.00% 0.00% 0.0%
Physical
2% 42.0%
Progress
5.1 LA Summary
[CALA 3] 23 23 23 23 0 14 9 0 23 0 0 0 0
Grand
Total 240 38 202 38 202 14 226 0 240 528 502 447 66
CALA 1
Total Amount
3H 3G Amount Amount
Land left 3H 3G 3D 3D 3A 3A Disburse Pending
Pend- Pend- Awarded Deposite
Village to be Done Done Pending Done Pending Done d by Amount
ing ing (Crore d (Crore
Acquired (ha) (ha) (ha) (ha) (Ha) (ha) CALA (Rs (Rs Cr)
(ha) (ha) Rs.) Rs.)
(Ha) Cr)
[Village 1] 150 15 15 15 135 0 150 0 150 396 370 327 43
[Village 2] 67 0 0 0 67 0 67 0 67 132 132 120 23
[Village 3] 23 23 23 23 0 14 9 0 23 0 0 0 0
Grand
240 38 202 38 202 14 226 0 240 528 502 447 66
Total
[CALA 1] <Agency> 4 1 0 0 3 0 3 1 0 12
[CALA 2] <Agency>
Grand Total
Environment
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
Approval of construction in coastal zone Obtained Nil Completed
Forest Land
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
Diversion of Xx ha ([Chainage]) Pending [Length in km] Completed Stage 1 clearance
pending
Diversion of Xx Ha. ([Chainage]) Obtained Nil Ongoing
Wildlife
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
Diversion of Xx Ha. of forest Pending [Length in Ongoing Queries sent to MoEF by RO,
land km] compliance pending
TreeCutting
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
N.A. N.A. N.A. N.A. N.A.
Railway (ROBs/RUBs)
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
[GAD Number] Proposal [Chainage] Uploaded on N.A.
Submitted, portal on
Approval pending [DD/MM/YYYY]
Estimat [DD/MM
Water e [Length [DEPARTM [DD/MM/ [DD/MM/ [DD/MM/
/
Not
TBD
Approv in km] ENT] YYYY] YYYY] YYYY] started
YYYY]
ed
Estimat [DD/MM
Electrici e [Length [DEPARTM [DD/MM/ [DD/MM/ [DD/MM/ Not
/ TBD
ty Approv in km] ENT] YYYY] YYYY] YYYY] started
YYYY]
ed
Estimat
Others e [Length [DEPARTM [DD/MM/ [DD/MM/ [DD/MM/ [DD/MM/
TBD
Approv in km] ENT] YYYY] YYYY] YYYY] YYYY]
ed
6 Change of Scope
Excavator/
5
Poclain
Paver 2
Transit Meter 0
Plate
0
Compactors
[ADD OTHERS]
Are the Escrow withdrawals in accordance with the order of withdrawal as specified in the Concession
Agreement?
Tick as applicable
Total test up to
Frequency Total test in This Cumulative No. of
Previous
of tests Month tests
Month
Description Unit Remarks
No.s Qty. Conducted Pass Fail Conducted Pass Fail Conducted Pass Fail
Sub grade
Grain Size
1 1500 m3 0 0 0 0 0 0 0 0 0
Analysis
C.B.R 1 3000 m3 0 0 0 0 0 0 0 0 0
Wet Mix
Macadam
Filter material
Concrete
Cement
Water
Prime Coat
Tack coat
Dense
Bituminous
Macadam
No.s Qty. Conducted Pass Fail Conducted Pass Fail Conducted Pass Fail
Bituminous
Concrete
Bitumen test
DLC
Steel
<Quality inspection test results to be reported in a table similar to the table provided in previous section>
affected due to
Expected Date
affected (km)
suggested by
for resolving
Chainage(s)
Description
Concerned
Authority
Action(s)
Action(s)
the issue
Length
Issue
Issue
issue
SNo
SC
1 Drying up of Ongoing Concessionaire 325+200 to 2.6 Irregular Replacement NA
plants on 327+800 watering of plants and
median daily
watering
2 Hard/Earth Shoulders
4 Road furniture
(c ) Bridges
11 Safety features
Details to be provided after assessment of the site requirement vis-à-vis provisions in the Concession
Agreement:
Suggested Remedial
Financial implications of
Location of Black Measures within Additional Remedial
additional Remedial Measures
Spots provisions of Concession Measures (if any)
for Authority(Cr.)
Agreement
11.2
Date
1/1/17
Chainage no Accident
RHS
India Report
Time of accident
pm
382/050 05:25
M
Sex (M/F)
A
2
Accident location
Nature of
B
National Highway Authority of
2
accident
Classification of
C
3
accident
D
4 Causes
Load conditions
E
of vehicle
F
Road condition
Intersection type
-
G
of control
Weather
H
condition
I
Age of victim
AE
Type of victim
K
Type of vehicle
-
Fatal
1
Major
persons
Request for proposal for
Minor
No of affected
A 1. Urban 2. Rural
1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn Collision 6. Left
B
turn Collision 7. Veered Out off The Road 8. Hit Pedestrian 9. Unknown/Hit & Ran Away
C 1. Fatal 2. Major injury 3. Minor injury
1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5. Mechanical Problem
D
6. Drowsiness/Not Applicable 7. Fault of Driver
E 1. Normally Loaded 2. Overloaded/Handing 3. Empty 4. Unknown
F 1. Straight road 2. Slight Curve 3. Sharp Curve 4. Hump 5. Dip
1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with more than 6.
G
Round about
1. Fine/Clear 2.Mist/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust Storm 8. Cold 9.
H
Hot
I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years
J 1. Driver 2. Passenger 3. Pedestrian 4. Cyclist 5. Others
1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7. Tractor 8.
K
Bicycle 9. Cycle Rickshaw 10. Hand Drawn Cart 11. Animal Drawn Cart
* The above list is illustrative and may require modification as per the actual scope of the work
[NAME&LOGOOFIMPLEMENTINGAGENCY]
Authority Engineer
[NAME OF CONSULTING FIRM]
6.3 Damages for non completion of major maintenance/ periodic overlay 147
9 Reports.............................................................................................................................................. 149
9.1 Monthly Toll Collection Report (Applicable only if project highway is tolled) 149
1 Executive Summary
• In spite of the repeated requests, there is no material change in status of works pertaining to repairs/
rectifications of defects on the project highway. AE has recommended the damages of Rs 5.9 Cr on the
Concessionaire on account of delay in repairs of defects in road and bridge works in terms of the provision
of Clause 15.8.1 of the Concession Agreement. Concessionaire shall be liable for imposition of further
damages on similar lines till the date of completion
• Concessionaire is requested to take at most care for completing the overlay before 31.03.2017 since the
existing road condition is getting deteriorated day by day causing much inconvenience to the traffic
Main report
2 Project Overview
Project Name
NH no (New/Old)
Mode of the Project
No. of Lanes
Length of the Project
Total Project Cost
Concessionaire/ Contractor
Date of Award (LOA date)
Appointed Date
Commercial Operation Date (COD)
Concession Period
O&M Period
Authority Engineer
AE Agreement Date
AE Mobilization Date
AE Scheduled Completion Date
AE EOT (Extension Of Time)
20 m
18 m
16 m 16 16 16 16 16 16 16
14 m
12 m
10 m
8m 8.2 8.2 8.2 8.2 8.2
6m
4m 4.7 4.7 4.7 4.7 4.7
2m 1.8 1.8
Chainage
2m
RHS- Width of RoW available
4m
6m 6.2 6.2 6.2 6.2 6.2 6.2
8m
10 m 10 10
12 m
14 m
16 m
18 m 17.5 17.5 17.5 17.5 17.5 17.5 17.5 17.5
20 m
>20 m 25 25 25
affected due to
Expected Date
affected (km)
suggested by
for resolving
Chainage(s)
Description
Concerned
Authority
Action(s)
Action(s)
the issue
Length
Issue
Issue
issue
SNo
SC
Replacement
Drying up
Concessionai 325+200 to Irregular of plants and
1 of plants Ongoing 2.6 NA
re 327+800 watering daily
on median
watering
Large Concessionai Filling of <DD/MM
2 New 387+300 LHS 0.1 None
potholes re potholes >
Please write a summary of contractual obligations of Concessionaire and non-compliances of critical obligations
highlighting reasons for delay and stating pending actions
• Critical obligations of Concessionaire as per contract
4 Inspection Report
SubGrade E3
(Internation
Granular E2
depth (mm)
depth (mm)
Cracks (cm)
Bituminous
Roughness
Resistance
Chainage
Chainage
Bleeding
Potholes
Raveling
Modulus
Modulus
Modulus
number
Starting
Texture
Rutting
Ending
Elastic
Elastic
Elastic
Index)
(mm)
Lane
(cm)
(cm)
(cm)
Skid
IRI
E1
al
1.000 1.500 L1
Report of equipment based inspection needs be provided as an Annexure to monthly report as per the defined
frequency. Following documents/media to be submitted for equipment based inspection.
• Video footage of all cameras installed on Network Survey Vehicle- ROW cameras and pavement camera
• Network Survey Vehicle report capturing dimensions of following key metrics of pavement
− Cracks
For Corresponding
TYPE OF VEHICLE month of previous For Previous Month For Current Month
year
No of Fee No of Fee per No of
Fee Collected Fee Collected
vehicles Collected vehicles vehicle vehicles
A Car Total 3845 384500 4659 465,900.00 100 4289 428,900.00
B LCV Total 1521 243360 1312 209,920.00 160 1399 223,840.00
C Bus Total 2404 793386 2284 765,207.00 201 2349 786,915.00
D Truck Total 1603 528924 1523 510,138.00 134 1566 524,610.00
E 3 Axle Total 18990 6836400 16310 5,953,150.00 365 15127 5,521,355.00
F MAV Total 16119 8381880 21111 11,188,830.00 530 18790 9,958,700.00
Over
G Total 1 630 27 17,280.00 640 36 23,040.00
Size
Total for the
49844 18,050,618 52963 19,898,834 49016 18,265,661
Month
Lane 3
Damages as
Damages at
higher side
inspection
No of days
No of days
Nature of
as per CA
Damages
Damages
damages
Quantity
amount
Date of
per CA
defect
Total
from
Rate
S No
Unit
Total 6,02,64,000
9 Reports
9.1 Monthly Toll Collection Report (Applicable only if project highway is tolled)
For Corresponding
TYPE OF VEHICLE month of previous For Previous Month For Current Month
year
No of Fee No of Fee per No of Fee
Fee Collected
vehicles Collected vehicles vehicle vehicles Collected
Single 3845 384500 4659 465,900.00 100 4289 428,900.00
A Car Return 1506 218370 1972 295,800.00 150 1758 263,700.00
Local 769 38450 979 48,950.00 50 1029 51,450.00
Single 1521 243360 1312 209,920.00 160 1399 223,840.00
B LCV Return 134 31490 162 38,880.00 240 132 31,680.00
Local 1683 134640 1838 147,040.00 80 1461 116,880.00
Single 2404 793386 2284 765,207.00 201 2349 786,915.00
C Bus Return 359 177903 173 87,567.00 303 203 102,717.00
Local 277 45738 205 34,782.00 102 318 54,060.00
Single 1603 528924 1523 510,138.00 134 1566 524,610.00
D Truck Return 240 118602 116 58,378.00 202 136 68,478.00
Local 185 30492 136 23,188.00 68 212 36,040.00
Single 18990 6836400 16310 5,953,150.00 365 15127 5,521,355.00
E 3 Axle Return 131 70740 34 18,700.00 550 37 20,350.00
Local 69 12420 84 15,540.00 185 131 24,235.00
Single 16119 8381880 21111 11,188,830.00 530 18790 9,958,700.00
F MAV Return 2 1550 20 15,800.00 790 35 27,650.00
Local 6 1560 18 4,770.00 265 8 2,120.00
Single 1 630 27 17,280.00 640 36 23,040.00
Over
G Return 0 0 - 965 -
Size
Local 0 0 - 320 -
Total for the
49844 18,050,618 52963 19,898,834 49016 18,265,661
Month
Date
1/1/17
Chainage no India
RHS
9.2 Accident Report
Time of accident
pm
382/050 05:25
M
Sex (M/F)
A
2
Accident location
B
National Highway Authority of
2
Nature of accident
Classification of
C
3
accident
D
4
Causes
Load conditions of
E
1
vehicle
F
1
Road condition
- Intersection type of
G
control
H
Weather condition
I
Age of victim
All figures and
Type of victim
K
Type of vehicle
-
Fatal
1
Major
persons
Request for proposal for
1
AE graphs in templates are
Minor
No of affected
A 1. Urban 2. Rural
B 1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn Collision 6. Left
turn Collision 7. Veered Out off The Road 8. Hit Pedestrian 9. Unknown/Hit & Ran Away
C 1. Fatal 2. Major injury 3. Minor injury
D 1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5. Mechanical Problem
6. Drowsiness/Not Applicable 7. Fault of Driver
E 1. Normally Loaded 2. Overloaded/Handing 3. Empty 4. Unknown
G 1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with more than 6.
Round about Junction
H 1. Fine/Clear 2.Mist/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust Storm 8. Cold 9.
Hot
I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years
K 1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7. Tractor 8.
Bicycle 9. Cycle Rickshaw 10. Hand Drawn Cart 11. Animal Drawn Cart
Contact
Toll Complaint Name of the Compliance by the
SNo Date details of Details of complaint
plaza No person concessionaire
person
Mr. Shailendra Mr. Shailendra
Gurjar, LIG- Complaints regarding
Pot holes are
1 81 8/9/2016 44,RSS mohalla, Pot holes on the
repaired
Shivaji Nagar, Highway may cause
Bhopal (M.P.) accidents.
Dr. Diwakar Animals are
Dr. Anil Diwakar, complaints that continuously driven
HIG Swarganga presence of Animals out from the Road by
2 82 10/9/2016 Complex Bus and also Pot holes on the Highway
Stand Seoni road are obstructing Patrolling team and
(M.P.) the driving which Pot holes are
may cause accidents. repaired.
The Exemption
under Indian Toll
(Army and Air force)
Act 1901, to army
Maj. Sidharth while
personnel travelling
travelling in personal
Maj. Sidharth, in private vehicle
car wants Exemption
3 83 11/9/2016 238 Fd wksp may be given if on
from Toll Fee on
C/o- 56 APO Govt. duty with
production of I.D.
requisite pass as
Card
specified in the
Indian Toll (Army
and Air Force Rules,
1942)
Establishment (New/
Name of Encroacher
Encroachment type
(Temporary/
Temple, etc)
Permanent)
existing)
District/
Village
length
Tehsil
SNo
(m)
Tea
1 212+500 LHS Kurnool Kurnool Temporary New 7 5mX3.5m Vijay Kumar Reddy
stall
Dinnedevara 10.5m X
2 213+200 RHS Kurnool Permanent Godown Existing 5 Buddana
Padu 4m
S.No Date Chainage (Km) Side Time of Closure Reasons for Lane Remarks
Closure & Approval
From To Details
9/9/201
1 215+300 215+350 RHS 1pm-4pm Patch work
6
Assets to be covered- Pavement, Shoulder, Drainage, Median, Bridges, Road furniture, Buildings, Horticulture,
Service Road
Description of
SNo NCP/ SNo Date of issue Chainage Side AE Remarks
defect
1 311 15.08.2016 Potholes 311+200 LHS To be repaired
To be filled
2 312 15.08.2016 Cracking 311+500 RHS
immediately
3
4
Annexure 2 onwards:
AE should include comments, status update, data points and reports in following annexures which have not
been included elsewhere in the main report. Such reports may include but not limited to:
• Minutes of review meeting
• Correspondence details
• Weather report
• Organizational chart of Concessionaire and AE
• Project photographs
[PROJECT NAME]
Authority Engineer
[NAME OF CONSULTING FIRM]
In addition to the reports being submitted on equipment based inspection as specified in Section 4.2 of the Monthly
Progress Report in the O&M phase, the Authority Engineer (AE) shall submit electronically in excel (.xls) format certain
key parameters to the Project Director in the following format.
Worksheets under Section 1 (‘Road inventory data’) shall be updated from surveys conducted only once at the time of
completion testing. Worksheets under Section 2 (‘Road condition data’) shall be updated from surveys carried out
annually for FWD attributes and biannually for the remaining attributes.
The fields to be updated in each of the worksheets are described below. Each description is followed by an example of
data for a sample project.
Road inventory data consists of parameters which provide basic information about roads such as pavement type,
number of lanes, topography, etc. These parameters are largely static in nature, and therefore a survey to update this
dataset shall be conducted only once at the time of completion testing. The road inventory data shall be used to update
specific worksheets listed below.
The following table lists the fields which need to be populated for the ‘LRP Master’ attribute. The descriptions of the
fields are given below.
NH Survey Old NH
LRP Name Chainage Direction Latitude Longitude Altitude Section Code
Number Date Number
NH0xxx Road Start 1.230 Increasing 9.98897 78.02671 63.07767 23-12-15 NH0yyy ABC-DEF
The following table lists the fields which need to be populated for the ‘Road Type’ attribute. The descriptions of the
fields are given below.
The following table lists the fields which need to be populated for the ‘Pavement Type’ attribute. The descriptions of
the fields are given below.
The following table lists the fields which need to be populated for the ‘Pavement Width’ attribute. The descriptions
of the fields are given below.
The following table lists the fields which need to be populated for the ‘Shoulder Type’ attribute. The descriptions of
the fields are given below.
Section Code Code indicating starting and ending locations of section HYD-VIJ (Hyderabad-Vijayawada)
NH Number Section Code Start Chainage End Chainage Direction ShoulderType Survey Date Latitude Longitude
NH00xx ABC-DEF 0.000 0.763 Increasing No Shoulder 09-01-16 9.98897 78.02671
NH00xx ABC-DEF 0.763 0.834 Increasing Gravel 09-01-16 9.98444 78.02934
NH00xx ABC-DEF 0.834 1.254 Increasing Gravel 09-01-16 9.98341 78.03004
NH00xx ABC-DEF 1.254 2.945 Increasing Gravel 05-01-16 9.98107 78.03078
NH00xx ABC-DEF 2.945 4.327 Increasing Gravel 05-01-16 9.96328 78.04160
NH00xx ABC-DEF 4.327 4.405 Increasing Gravel 05-01-16 9.95385 78.05255
NH00xx ABC-DEF 4.405 6.844 Increasing Gravel 05-01-16 9.93102 78.05648
NH00xx ABC-DEF 6.844 9.359 Increasing Gravel 05-01-16 9.91229 78.04961
NH00xx ABC-DEF 9.359 12.966 Increasing Gravel 05-01-16 9.89041 78.03458
Shoulder
Section Start End Shoulder Survey
NH Number Direction Width Latitude Longitude
Code Chainage Chainage Width Date
Value
NH0xxx ABC-DEF 0.000 0.785 Increasing No Shoulder 0.0 03-01-16 9.98897 78.02671
NH0xxx ABC-DEF 0.785 2.612 Increasing No Shoulder 0.0 03-01-16 9.98444 78.02934
NH0xxx ABC-DEF 2.612 3.170 Increasing 1-2m 2.0 03-01-16 9.98341 78.03004
NH0xxx ABC-DEF 3.170 5.194 Increasing 1-2m 2.0 03-01-16 9.98107 78.03078
NH0xxx ABC-DEF 5.194 6.793 Increasing 1-2m 2.0 03-01-16 9.96328 78.04160
NH0xxx ABC-DEF 6.793 11.404 Increasing 1-2m 2.0 03-01-16 9.95385 78.05255
1.8 Topography
The following table lists the fields which need to be populated for the ‘Topography’ attribute. The descriptions of the
fields are given below.
NH Number Section Code Start Chainage End Chainage Topography Survey Date Latitude Longitude
NH0xxx ABC-DEF 0.000 0.808 Flat 05-01-16 9.98897 78.02671
NH0xxx ABC-DEF 0.808 1.254 Flat 05-01-16 9.98444 78.02934
NH0xxx ABC-DEF 1.254 2.828 Flat 05-01-16 9.98341 78.03004
NH0xxx ABC-DEF 2.828 4.363 Flat 05-01-16 9.98107 78.03078
NH0xxx ABC-DEF 4.363 6.724 Flat 05-01-16 9.96328 78.04160
NH0xxx ABC-DEF 6.724 12.933 Flat 05-01-16 9.95385 78.05255
The following table lists the fields which need to be populated for the ‘Cross Section’ attribute. The descriptions of the
fields are given below.
The following table lists the fields which need to be populated for the ‘Drain Type’ attribute. The descriptions of the
fields are given below.
Section Code Code indicating starting and ending locations of section HYD-VIJ (Hyderabad-Vijayawada)
Start Chainage Chainage of the start point (in km) 0.500
The following table lists the fields which need to be populated for the ‘Median Opening’ attribute. The descriptions of
the fields are given below.
Section Code Code indicating starting and ending locations of section HYD-VIJ (Hyderabad-Vijayawada)
Start Chainage Chainage of the start point (in km) 0.500
The following table lists the fields which need to be populated for the ‘Right of Way’ attribute. The descriptions of the
fields are given below.
Remarks
Survey Date Date of survey in the format <DD-MM-YY> 06-05-17
The following table lists the fields which need to be populated for the ‘Pavement composition’ attribute. The
descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Carriageway Furniture’ attribute. The
descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Wayside Amenities’ attribute. The
descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Land Use’ attribute. The descriptions of the
fields are given below.
Road condition data consists of parameters which directly affect maintenance requirements of the road. These
parameters are dynamic in nature, and therefore a survey to update this dataset shall be conducted annually for FWD
testing and every six months as per Annexure IV for network survey vehicle testing. The first survey shall be conducted
at the time of completion testing and the remaining surveys shall be conducted as per the defined frequency.
As an example, if majority of highway length (>50%) passes through a state, where defined survey months are May
and November, if completion testing is conducted in April, then the first network survey shall be conducted in the
month of April. This shall be considered as the network survey to be conducted in the month of May. The 2nd survey
shall be conducted in the month of November, the 3rd survey shall be conducted in the month of May and so on. As
regards FWD, the first test/survey shall be conducted at the time of completion in April. The 2 nd test/survey shall be
conducted in April of next year and so on.
The road condition data shall be used to update specific worksheets, which are listed below.
The following table lists the fields which need to be populated for the ‘Visual Condition’ attribute. The descriptions of
the fields are given below.
2.2 Roughness
The following table lists the fields which need to be populated for the ‘Roughness’ attribute. The descriptions of the
fields are given below.
2.3 Rutting
The following table lists the fields which need to be populated for the ‘Rutting’ attribute. The descriptions of the
fields are given below.
Field Description Example
NH Number New National Highway number NH0065
Section Code Code indicating starting and ending locations of section HYD-VIJ (Hyderabad-Vijayawada)
Start Chainage Chainage of the start point (in km) 0.500
End Chainage Chainage of the end point (in km) 1.500
Direction of survey Increasing
Direction
• Increasing (chainage)
The following table lists the fields which need to be populated for the ‘Texture Depth’ attribute. The descriptions of
the fields are given below.
The following table lists the fields which need to be populated for the ‘Skid Resistance’ attribute. The descriptions of
the fields are given below.
The following table lists the fields which need to be populated for the ‘FWD’ attribute. The descriptions of the fields
are given below.
The following table lists the fields which need to be populated for the ‘FWD Rigid’ attribute. The descriptions of the
fields are given below.
Deflection1 Surface deflection at the test load center, measured in micron 140
Surface deflection at 300 mm from the test load center, measured in
Deflection2 micron 121
Area of Deflection Basin Area of deflection basin, calculated from measured deflections, in cm 2 761
Radius of Relative
Radius of relative stiffness, calculated in mm 823
Stiffness
NormalizedDeflectiond1 Normalized deflection at location 1, in mm 3.1
Note: This draft Agreement is a generic document and shall be modified based on particularof the Project.
Between
(Name of Client)
And
(Name of Consultant)
Dated:
Page No.
2.7.1 Definition…………………………………………..
2.7.2 No Breach of Contract ……………………………..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension…………………………………………………
2.9 Termination ………………………………………..
2.9.1 By the Client ………………………………
2.9.2 By the Consultants ………………………..
2.9.3 Cessation of Rights and Obligations ………
2.9.4 Cessation of Services ………………………
2.9.5 Payment upon Termination ………………..
2.9.6 Disputes about Events of Termination …….
3. Obligations of the Consultants ……………………
3.1 General
.
III SPECIAL CONDITIONS OF CONTRACT ……………………
V ANNEXURES..…………………………………………
This CONTRACT (hereinafter called the “Contract”) is made the______ day of the Month of __________, 20__, between, on
the one hand __________________________(hereinafter Called the “Client) and, on the other hand __________________
hereinafter called the “Consultants”)
[Note*: If the Consultants consist of more than one entity, the above should be partially amended to read as follows:
“…(hereinafter called the “Client”)and, on the other hand, a joint venture consisting of the following entities, each of which
will be jointly severally liable to the Client for all the Consultants’ obligations under this Contract, namely,
______________________________________________________________________________ and
_________________________________________________________________(hereinafter called“ Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as defined in the General
Conditions of Contract attached to this Contract (hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the required processional skills ,and
personnel and technical resources ,have agreed to provide the Services on the terms and conditions set
forth in this Contract;
1. The following documents attached hereto shall be deemed to form an integral part of this Contract:
(a) The General Conditions of Contract (hereinafter called “GC”)’
(b) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices:
[Note: If any of these Appendices are not used, the words “Not Used” should be inserted below next to the title of the
Appendix on the sheet attached hereto carrying the title of that Appendix].
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.
By
(Authorized Representative)
By
(Authorized Representative)
[Note: If the Consultants consist of more than one entity, all of these entities should appear as signatures, e.g. in the
following manner]
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, “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 Contract or 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.
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.
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the
Applicable Law.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be the binding and controlling
language for all matters relating to the meaning or interpretation of this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in
writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in
person to an authorized representative of the Party to whom the communication is addressed, or when sent
by registered mail, telegram or facsimile to such Party at the address specified in the SC.
1.6.3 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.
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
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.
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 Authority’s Engineer 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.
This Contract shall come into force and effect on the date (the" Effective Date") of the Client's notice to the
Consultants instructing the Consultants to begin carrying out the Services. This notice shall confirm that the
effectiveness conditions, if any, listed in the SC have been met.
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.
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.
Unless terminated earlier pursuant to Clause GC2.9 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.
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.
2.7.1. Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable
control of a Party, and which makes a Party's performance of its obligations hereunder impossible
or so impractical as reasonably to be considered impossible in the circumstances, and includes, but
is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action ( except where such strikes, lockouts
or other industrial action are within the power of the Party invoking Force Majeure to prevent),
confiscation or any other action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the
negligenceorintentionalactionofapartyorsuchParty'sSub-consultantsor agents or employees, nor
(ii) any event which a diligent Party could reasonably have been expected to both(A) take in to
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.
The failure of a Party to fulfil 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.
(a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s
inability to fulfil 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.
Extension of Time for providing services of the Authority’s Engineer shall be extended concurrently with the
Extension of Time granted, if any, to the EPC Contractor for the project, subject to satisfactory performance of
the Authority’s Engineer and limited to original period of consultancy services.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of Force Majeure, the
Consultants shall be entitled to be reimbursed for additional costs reasonably and necessarily incurred by
them during such period for the purposes of the Services and in reactivating the Services after the end of such
period.
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have become
unable to perform a material portion of the Services, the Parties shall consult with each other with a view to
agreeing on appropriate measures to be taken in the circumstances.
2.8. Suspension
The Client may, by written notice of suspension to the Consultants, suspend all payments to the Consultants
hereunder if the Consultants fail to perform any of their obligations under this Contract, including the carrying
out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii)
shall request the Consultants to remedy such failure within a period not exceeding thirty (30) days after
receipt by the Consultants of such notice of suspension.
2.9 Termination
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 herein above, 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) in solvent 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
(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
(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.
(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.
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 GC2.9.2, 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.
(i) Such rights and obligations as may have accrued on the date of termination or expiration;
(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
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC2.9.1 or GC2.9.2
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.
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 GC2.9.1 hereof,
reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract
including the cost of there turn travel of the Consultants' personnel and their eligible dependents.
If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC 2.9.1or in Clause
GC2.9.2 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 GC8 hereof, and this Contract shall not
be terminated on account of such event except in accordance with the terms of any resulting arbitral award.
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.
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.
3.1.3 Penal actions in case of lapses of Authority’s Engineer and concerned key personnel on their
part/deficiencies in services provided
In case of lapses on their part/deficiencies in services provided under this contract, the penal actions against
Authority’s Engineer and concerned key personnel, shall be taken in accordance with the provisions as
stipulated under ‘Appendix-N’
The Remuneration of the Consultants pursuant to Clause GC6 hereof shall constitute the Consultants' sole
remuneration in connection with this Contract or the Services and, subject to ClauseGC3.2.2 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 maybe, and other funding agencies
and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or
commissions obtained by the Consultants in the exercise of such procurement responsibility shall be for the
account of the Client.
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.
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.
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.
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.
(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
The Consultants shall submit to the Client the reports and documents specified in Appendix B here to, in the
form, in the numbers and within the time periods set forth in the said Appendix.
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.
Equipment and materials made available to the Consultants by the Client, or purchased by the Consultants
with funds provided by the Client, shall be the property Of the Client and shall be marked accordingly. Upon
termination or expiration of this Contract, the Consultants shall make available to the Client an inventory of
such equipment and materials and shall dispose of- such equipment and materials in accordance with the
Client's instructions. While in possession of such equipment and materials, the Consultants, unless otherwise
instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their
full replacement value.
4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel and Sub-consultants as
are required to carry out the Services.
(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 for thin Clause GC 6.1
(b) of this Contract.
The Key Personnel i.e. Professional Staff and Sub-consultants listed by title as well as By name in Appendix C
are hereby approved by the Client. In respect of other Key Personnel which the Consultants propose, to use in
the carrying out of the Services, the Consultants shall submit to the client for review and approval a copy of
their biographical data and (in the case of Key personnel to be used within the country of the Government) a
copy of a satisfactory medical certificate in the form attached here to 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.
(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 been
titled 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.
(d) Authority Engineer will intimate concerned Project Director/Project incharge immediately after
establishing its site office regarding installation of Aadhaar based Biometric attendance/ Geo-tagged
selfie based attendance system and complete address of its site office.
4.5.1 In case notice to commence services pursuant to Clause 2.1 of this Contract is not ordered by Client within
120 days of signing of contract the key personnel can excuse themselves on valid grounds, e.g., selection on
some other assignment, health problem developed after signing of contract, etc. In such a case no penalty
shall be levied on the Firm or on the person concerned. The firm shall however be asked to give a
replacement by an equal or better scoring person, whenever mobilization is ordered.
4.5.2 In case notice to commence services is given within 120 days of signing of contract the, the Authority expects
all the Key Personnel specified in the Proposal to be available during implementation of the Agreement. The
Authority will not consider any substitution of Key Personnel except under compelling circumstances beyond
the control of the Consultant and the concerned Key Personnel. Such substitution shall be limited to not more
than three Key Personnel subject to equally or better qualified and experienced personnel being provided to
the satisfaction of the Authority. Replacement of the Team Leader will not normally be considered and may
lead to disqualification of the Applicant or termination of the Agreement. Replacement of one Key Personnel
shall be permitted subject to reduction of remuneration equal to 5 % (five per cent) of the total remuneration
specified for the Key Personnel who is proposed to be replaced. In case of second replacement the reduction
in remuneration shall be equal to 10% (ten per cent) and for third and subsequent replacement, such
reduction shall be equal to 15% (fifteen per cent) If the consultant finds that any of the personnel had made
false representation regarding his qualification and experience, he may request the Employer for replacement
of the personnel. There shall be no reduction in remuneration for such replacement. The replacement shall
however be of equal or better score. The personnel so replaced shall be debarred from future projects for 2
years.
4.5.5 If the Employer (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 ground to be dissatisfied with the performance
of any of the Personnel, then the consultant shall, at the Employer’s written request specifying the grounds
therefore, forthwith provide a replacement with qualifications and experience acceptable to him. For such
replacement there will be no reduction in remuneration.
4.5.6 If any member of the approved team of a consultant engaged by National Highways Authority of India leaves
that consultant before completion of the job, he shall be barred for a period of 6 months to 24 months from
being engaged as a team member of any other consultant working (or to be appointed) for any other National
Highways Authority of India/MoRTH projects.
4.5.7 In case, person permanently employed with the firm is to be replaced, Technical score of both the CVs shall be
compared excluding the marks given for employment with firm. Replacement would be allowed when the
technical score (excluding the marks given for employment with firm) of the new key person is equal or better
than the existing key person's technical score excluding marks assigned for permanent employment with the
firm. However, the remuneration of such replacement shall be reduced on proportionate basis in case the
overall score of the replacement person is less than the overall score original person.
The person designated as the Team Leader of the Consultant’s Personnel shall be responsible for the coordinated,
timely and efficient functioning of the Personnel. In addition, the Consultant shall designate a suitable person from
its Head Office as Project Coordinator who shall be responsible for day to day performance of the Services.
Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the Government shall:
(c) 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;
(d) 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;
(e) Facilitate prompt clearance through customs of any property required for the Services and of the
personal effects of the Personnel and their -eligible dependents;
(f) 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;
(g) 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
Page 217 of 261
National Highway Authority of Request for proposal for
Indiaprofession or to establish themselves either individually or as aAE
corporate entity according to the
Applicable Law;
(h) 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
(i) Provide to the Consultants, Sub-consultants and or Associates and Personnel any such other assistance
as may be specified in the SC.
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.
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).
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.
(a) If so provided in Appendix F hereto, the Client shall make available to the Consultants, as and when
provided in such Appendix F, and free of charge, such counterpart personnel to be selected by the
Client, with the Consultants' advice, as shall be specified in such Appendix F. Counterpart personnel
Page 218 of 261
National Highway Authority of Request for proposal for
Indiashall work under the exclusive direction of the Consultants. IfAE
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.
(a) Subject to the ceilings specified in Clause GC6.1(b)hereof, the Client shall pay to the Consultants (i)
remuneration asset for thin Clause GC6.2(b),and(ii) reimbursable expenditures asset forth in Clause
GC6.2(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
GC2.3 and Clause SC2.3 (or such other date as the Parties shall agree in writing) (including time for
necessary travel via the most direct route) at the rates referred to, and subject to such additional
provisions as are set forth, in the SC.
(c) Reimbursable expenditures actually and reasonably incurred by the Consultants in the performance
of the Services, as specified in SC.
(d) Notwithstanding anything to the contrary stated in the GCC and SCC, it shall be mandatory to deploy
the key personnel and sub-professional as per the Man-Months Input specified in the Terms of
Reference.
Inadequate deployment of key personnel and sub-professional shall lead to deduction in the monthly
payment as per following table. The key personnel and sub- professional shall be considered to be
inadequately deployed if he/she is not present for at least 90% of the time stipulated in the month, as
per the Man Months Input in the Terms of Reference and the Deployment Schedule proposed by the
firm.
1. Essential Qualifications.
i. Graduate in Civil Engineering from a recognized University.
ii. Professional Experience of at least 12 years in Highway Projects.
iii. At least 5 years’ experience in similar capacity in Highway Development
Project.
iv. Should have handled at least 2 major projects (of length 40% of project
length or more of similar configuration (2/4/6 laning**) and above).
2. Preferential Qualifications.
i. Post Graduate Degree in
Transportation/Highway
Engineering/StructuralEngineering/Geotechnical Engineering/any
specialised stream of Civil Engineering.
ii. Experience of Highway Project (of length 40% of project length or
more of similarconfiguration (2/4/6 laning**) and above) of
Construction / Construction Supervision
/ IC of Highway projects
1. Essential Qualifications.
D. Essential Qualifications.
a. Graduate in Civil Engineering from a recognized University.
b. Professional Experience of at least 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 40% of project
length or more of similar configuration (2/4/6 laning**) and above)
E. Preferential Qualifications.
1 Essential Qualifications.
1.1 Graduate in Civil Engineering from a recognized University.
1.2 Professional Experience of at least 10 years in handling Highway projects.
1.3 Minimum 5 years experience in Road Safety works of Major Highway Projects
(4 / 6laning projects)
1.4 Experience in similar capacity in Road Safety Audit of at least 2 nos. 2/4/6
lane** highway / expressway project including 1 nos. at design stage
1.5 Experience in similar capacity in the field of Road Safety Management Plan.
1.6 It is mandatory for the Road Safety Expert to have completed at least 15
days’
certification course on Road safety Audit from IAHQ/ IITs/ NITs/ CRRI. The CV
of the proposed key personnel not having completed 15 days’ certification
course shall not
1 Preferential Qualifications
1.1 Post Graduate Degree in Traffic Transportation/Safety Engineering.
1.2 Experience in similar capacity in identification and improvement of black spots on
Major Highway Project.
1.3 Experience in similar capacity in Preparation of Road Safety Management Plan for inter
urban Highways.
SUB PROFESSIONAL
The Highway Design Engineer shall be responsible for the review of highway designs and
drawings using sophisticated computer software. His experience shall include computer aided
design methods for highway engineering with particular reference to CAD application to the
geometric design for highway projects.
• Essential Qualifications
• Preferential Qualification:
The Bridge Design Engineer shall be responsible for checking the designs of Bridges, ROBs,
interchanges and any other structure to be constructed in the Project Highways. He shall also
review the rehabilitation measures to be proposed by the Contractor for existing structures based
on site condition and structural requirement. His expertise shall include computer aided design
methods for Structural Engineering with particular reference to structural design.
National Highway Authority of Request for proposal for
India AE
He should have following qualification/ experience:
National Highway Authority of Request for proposal for
Indiao Essential Qualifications AE
o Preferential Qualification:
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.
CAD EXPERT
ENVIRONMENTAL ENGINEER
The Candidate should be Graduate in Civil Engineering or diploma in Civil Engineering with
3 years’ experience.
ELECTRICAL ENGINEER
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 bachelor’s 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
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. However, this is not
applicable to Highway Design Engineer and Bridge/ Structure Design Engineer, who have to
fulfill the qualification/ experience requirements as mentioned in the RFP documents.
Sr. Personnel % reduction in
No. monthly payment
Normal Highway Project
1 Team Leader cum Senior Highway Engineer 20%
2 Resident Engineer cum Highway Engineer 25%
3 Bridge/Structural Engineer 20%
4 Other Key Personnel 20%
5 Sub- Professional Staff 15%
For avoidance of doubt, in case the Team Leader cum Senior Highway Engineer has
not been made available for 90% of the stipulated time in the month excluding
permissible causal leave, then only 80% of the monthly payment of all the key
personnel during the month shall be released. Similarly for RE / Bridge Engineer /
Other key personnel, the mentioned reduction shall be done in the payment of
remuneration of all key personnel during the month. In the case of “Other Key
Personnel (Sr. No. 5), the average availability across the group shall be considered
for calculation. Similarly, in case of Sub-Professional Staff (Sr. No. 6), the average
availability across the Sub-Professional shall be considered and reduction in
payment of all Sub-Professional shall be done at the rate mentioned above.
Note : Consultants have to provide a certificate that all key personnel as envisaged in
the Contract Agreement has been actually deployed in the project. They have to
submit the proof of Aadhaar based Biometric attendance/ Geo-tagged selfie-based
attendance at the time of submission of bills to the National Highways Authority of
India.
All payments shall be made in Indian Rupees and shall be subjected to applicable Indian
laws withholding taxes if any.
(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 for thin 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 (15days)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
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 1 of 257
invoices, vouchers and other appropriate supporting materials, of the amounts
payable pursuant to Clauses GC6.3 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 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 there upon 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.
(f) Authority Engineer will make payment of salary to all key personnel in their
respective bank accounts through electronic mode only. No cash transaction wrt
salary will be made. Proof of salary transfer through electronic mode shall be
submitted by Authority Engineer with each Bill.
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
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 2 of 257
this Contract.
The Parties recognize that it is impractical in this Contract to provide for every contingency
which may arise during the life of the Contract, and the Parties hereby agree that it is their
intention that this Contract shall operate fairly as between them, and without detriment to
the interest of either of them, and that, if during the term of this Contract either Party
believes that this Contract is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or causes of such unfairness,
but no failure to agree on any action pursuant to this Clause shall give rise to a dispute
subject to arbitration in accordance with Clause GC 8 hereof.
8. Settlement of Disputes
The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contractor the interpretation thereof.
8.3 Conciliation
In the event of any Dispute between the Parties, either Party may call upon [Chairman of
National Highways Authority of India] and the Chairman of the Board of Directors of the
Consultant or a substitute thereof for amicable settlement, and upon such reference, the
said persons shall meet no later than 10(ten) days from the date of reference to discuss and
attempt to amicably resolve the Dispute. If such meeting does not take place within the 10
(ten) day period or the Dispute is not amicably settled within 15(fifteen) days of the meeting
or the Dispute is not resolved as evidenced by the signing of written terms of settlement
within 30 (thirty) days of the notice in writing referred to in Clause 8.2.1 or such longer
period as may be mutually agreed by the Parties, either Party may refer the Dispute to
arbitration in accordance with the Provisions of Clause 8.4.
8.4 Arbitration
8.4.1. Any Dispute which is not resolved amicably by conciliation, as provided in Clause 8.3, shall
be finally decided by reference to arbitration by an Arbitral Tribunal appointed in
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 3 of 257
accordance with Clause 8.4.2. Such arbitration shall be held in accordance with the Rules of
Arbitration of the International Centre for Alternative Dispute Resolution, New Delhi (the
“Rules”), or such other rules as may be mutually agreed by the Parties, and shall be subject
to the provisions of the Arbitration and Conciliation Act, 1996 as amended. The venue of
such arbitration shall be ***** and the language of arbitration proceedings shall be English.
8.4.2 Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator to be
appointed as per the procedure below
(a) Parties may agree to appoint a sole arbitrator or, failing agreement on the identity
of such sole arbitrator within thirty(30) days after receipt by the other Party of the
proposal of a name for such an appointment by the Party who initiated the
proceedings, either Party may apply to the President, Indian Roads Congress, New
Delhi for a list of not fewer than five nominees and, on receipt of such list, the Parties
shall alternately strike names therefrom, and the last remaining nominee on the list
shall be sole arbitrator for the matter in dispute. If the last remaining nominee has
not been determined in this manner within sixty (60) days of the date of the list, the
president, Indian Roads Congress, New Delhi, shall appoint, upon the request of
either Party and from such list or otherwise, a sole arbitrator for the matter in
dispute.
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.
The sole arbitrator selected pursuant to Clause 8.2.1 hereof shall be expert with extensive
experience in relation to the matter in dispute.
8.4.5 The Arbitrators shall make a reasoned award (the “Award”). Any Award made in any
arbitration held pursuant to this Clause 8 shall be final and biding on the Parties as from the
date it is made, and the Consultant and the Authority agree and undertake to carry out such
Award without delay.
8.4.6 The Consultant and the Authority agree that an Award may be enforced against the
Consultant and/or the Authority, as the case may be, and their respective assets wherever
situated.
8.4.7. This Agreement and the rights and obligations of the Parties shall remain in full force and
effect, pending the Award in any arbitration proceedings hereunder
8.4.8 Miscellaneous
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 4 of 257
(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) The schedule of Expenses and Fee payable to the Arbitrator shall be as under
Sr. Particulars of Fees and Maximum amount payable per case
No. Expenses
1 Fee (i) Rs. 25,000/- per day;
(ii) 25% extra on fee at (i) above in case of fast-
track procedure as per Section -29 (B) of A&C
Act;
Or
10% extra on fee at (i) above if award is
published within 6 months from date of
entering the reference by AT;
Alternatively, the Arbitrator may opt for a lump –
sum fee of Rs. 5.00 Lakh per case including counter
–claims.
2 Reading charges- one Rs 25,000/- per case including counter claims.
Time
3 One –time charges for Rs. 25,000/- per case
Secretarial Assistance and
Incidental Charges
(telephone, fax, postage
etc.)
4 One time charges for Rs. 40,000/-
publishing/declaration of
the Award
5 Other expenses (As per actual against bills subject to celling given below
(i) Travelling expenses Economy class (by air), First class AC (by train) and
AC Car (by road)
(ii) Lodging and Boarding Rs. 15,000/-per day (in metro cities); or
Rs. 8000 per day (in other cities); or
Rs. 5,000/- per day, if any Arbitrator makes their
own arrangements.
6. Local travel Rs. 2,000 /- per day
7 Extra charges for days Rs. 5000 /- per ½ day for outstation Arbitrator
other than meeting days
(maximum for 2 X ½ days)
Note 1. Lodging boarding and travelling expenses shall be allowed only for the
arbitrator who is are residing 100 kms. away from the venue of meeting,
2. Delhi, Mumbai, Chennai, Kolkata, Bengaluru and Hyderabad shall be
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 5 of 257
Sr. Particulars of Fees and Maximum amount payable per case
No. Expenses
considered as Metro cities.
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
National Highways Authority of India. 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 drawnincluding interest @12% per annumin 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.
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 6 of 257
II SPECIAL CONDITION OF CONTRACT
GC Clause
A. Amendments of, and Supplements to, Clauses in the General
Conditions of Contract
1.1(a) The words’’ in the Government’s country” are amended to read ‘in INDIA”
Attention:
Telex :
Facsimile :
Attention:
Cable address :
Telex :
Facsimile :
(Note: If the Consultants consist of a joint venture of more than one entity, the name of the
entity whose address is specified in SC1.6.1shouldbeinsertedhere. If the Consultants consist of
one entity, this Clause 1.8 should be deleted from the SC)
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 7 of 257
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.
2.2 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 78 months (18 month for construction period and 60 months for
Maintenance period)
(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
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 8 of 257
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.
"(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 Senior Highway Engineer in Appendix C shall
serve in that capacity, as specified in Clause GC 4.6."
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 9 of 257
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 12 month for personnel.
Notwithstanding any other provisions in the agreement in this regard, this provision will
prevail and override 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
(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.
(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 back stopping by home
office staff not included in the Personnel listed in Appendix C, and(C)the
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 10 of 257
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:
2) The bank guarantee shall be in the amount and in the currency of the advance
payment.
[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:
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 11 of 257
IV. APPENDICES
[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.]
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 12 of 257
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".}
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 13 of 257
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-3 Same as C-l for Key foreign Personnel to be assigned to work outside India.
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 14 of 257
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
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 15 of 257
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 addition, casual leave for 12 Days shall be permitted in a year to each key
personnel, sub-professional with prior intimation to the Authority. Out of this, a maximum of 3 CLs
can be availed either separately or together in a quarter and the period of the CLs would be counted
as Key Personnel/ Sub-Professional being on duty.
In respect of foreign personnel, one day per trip as travel time from and to the country of the
Government shall be allowed.
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 16 of 257
Appendix F: Duties of the Client
F-1 Services, facilities and property to be made available to the Consultants by the Client.
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 17 of 257
Appendix G: Cost Estimates
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 18 of 257
Appendix-H: FORM OF PERFORMANCE SECURITY
To
Address of Employer:
1
WHEREAS________________________[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 there in as security for
compliance with his obligations in accordance with the Contract;
NOW THEREOF we hereby affirm that we are the Guarantor andresponsible to you, on behalf of the
2
Consultants up to a total of [amount of Guarantee] ________________[in words], such sum being
payable in the types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or
sums within the limits of [amount of Guarantee] as aforesaid without your needing to prove or to
show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Consultants before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract or
of the services to be performed there under or of any of the Contract documents which may be made
between you and the Consultants shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change in the constitution
of the consultants or of the Bank.
This guarantee shall also be operable at our……………….. Branch at New Delhi, from whom,
confirmation regarding the issue of this guarantee or extension/renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation.
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 19 of 257
The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging System)
platform & shall invariably send an advice of this Bank Guarantee to the designated bank of NHAI,
details of which is as under:
Details
S. No. Particulars
1. Name of Beneficiary National Highways Authority of India
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 up on 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.
1.
Address 2.
(Name &Occupation)
Date
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 20 of 257
Appendix-I: Form of Bank Guarantee for Advance Payments
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
Date:
Dear Sir,
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.
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 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
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 21 of 257
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.
The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging System)
platform & shall invariably send an advice of this Bank Guarantee to the designated bank of NHAI,
details of which is as under:
Details
S. No. Particulars
1. Name of Beneficiary National Highways Authority of India
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.
WITNESS
(signature)
__________________________________
(Signature)
(Name)
(Name)
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 22 of 257
(Official Address) Designation (with Bank stamp)
Dated
Note1: 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.
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 23 of 257
Appendix-J
Letter of invitation
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 24 of 257
Appendix-K
Letter of Award
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 25 of 257
Appendix-L
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 26 of 257
Appendix-M
Memorandum of Understanding
between
_____________________
And
__________________________
Whereas the National Highways Authority of India (the ‘Employer’) has invited proposal for
appointment of Authority’s Engineer for “–Consultancy Services of Authority’s Engineer for
Construction of 6-lane Greenfield corridor from Ramnagar to Kacchi Dargah NH-119D (from Km
109+700 to Km 122+300), including widening of the existing NH-31 (from Km 196+700 to Km
198+600), as part of the Amas-Darbhanga highway in the state of Bihar on EPC Mode.” 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
(i) ___________ will be the lead partner and ____________ will be the other JV partner/s and
percentage share* will be as under: -
(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.
Note: * The bidder cannot revise their share among Lead/JV partner which was declared at the time
of bidding of respective consultancy assignments.
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 27 of 257
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.
Appendix-N
Penal Actions against Authority Engineer and Concerned Key Personnel
1.1 Following penal actions shall be taken against Authority Engineer in case of lapses
on their part / deficiencies in services provided under this contract
Sr. No Type of Deficiency Action to be taken against consultant AE engage during
construction & maintenance.
Key Personnel Firm
1 (a) Failure to detect design / quality For first three instances,
i) For first three instances,
deficiency in Non-key key personnel may be
Components* kept on “watch list”. to be kept on watch list.
1 (b) Failure to issue follow-up notices Thereafter, the
ii)Thereafter, a monetary
to contractor / concessionaire for concerned key
penalty
delays in closure of NCRS, delays in personnel & Team
of 1% of the consultancy fee
furnishing detail of time & cost Leader to be removed
(the aggregate of such penalties
claims / COS / revised work from the project and
in a contract would not exceed
programmes / work debarred up to 6
the performance Guarantee
methodologies, etc. months.
amount) and / or declaring the
1 (c) Delays or submission of improper consultant as Non-Performer
MPRS, improper review of up to 6 months of till
methodologies, temporary works, rectification of deficiencies^
QA plan / manual, O&M plan / and taking adequate measures
Manual etc. not to repeat such instances in
future whichever is earlier.
2 (a) Failure to detect design / quality The concerned key Declaring the Consultant as
deficiency in Key Component** not personnel & Team Non-Performer up to 1 year or
having substantial cost (below 1% Leader to be removed till rectification of deficiencies^
of civil work (cost) and / or time from the project and and taking adequate measures
implication (below 5% or project debarred up to 1 year. not to repeat such instances in
completion period). future, whichever is earlier
2 (b) Failure to detect deficiency in
quantity executed vis-à-vis design
not having substantial financial
implication (below 1% of civil
work cost)
2 (c) Failure to conduct / witness tests
as prescribed in the consultancy
contract agreement.
2 (d) Delay in processing EOT / COS The concerned key Declaring the Consultant as
proposals, inaccurate assessment personnel & Team Non-Performer up to 1 year or
of COS proposals, not issuing NCRs, Leader to be removed till rectification of
delays / improper review of from the project and deficiencies^ and taking
designs / drawings / work debarred up to 1 year. adequate measures not to
programme or failure to submit repeat such instances in future,
Completion / Provisional whichever is earlier
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 28 of 257
Sr. No Type of Deficiency Action to be taken against consultant AE engage during
construction & maintenance.
Key Personnel Firm
Completion Certification as
prescribed in contract.
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 29 of 257
(ii) Tunnels
(iii) Expansion joint and bearings
(iv) RE walls / Retaining walls
(v) The crust layers of flexible Pavements
(vi) The crust layers of rigid pavements
(vii) Embankment and slope protection
(viii) Issues affecting Road Safety
(ix) Any other work endangering / impacting / stability / reliability /
durability / performance of pavement / structures
* The items not covered in above list shall be in the category of Non-Key
Components.
^ Excluding the delay solely attributable to the Concessionaire beyond
stipulated time.
1.2 The following penal actions shall be taken in case of any reports on failure of
structures after ensuring proper investigation
Sr. Type of Deficiency Penal Actions
No Firm Key Personnel
Minor failure of structures / Token penalty of Rs. 5 The key personnel may be
highway due to design / lakhs on consultancy kept on watch list for any
construction / maintenance firm engaged during future recurrence besides
defect wherein no casualties construction / issuing written warning.
are reported. maintenance besides
issuing written
warning.
Major failure of structures / Monetary penalty of Rs. Debarment of concerned
highway due to design / 20 lakhs on key personnel up to 2
construction / maintenance consultancy firm years in NHAI works
defect wherein no casualties engaged during
are reported. construction /
maintenance and / or
Debarment up to 1 year
Major failure of structures / Monetary penalty of Rs. Debarment up to 3 years
highway due to construction 40 lakhs on
/ maintenance defect consultancy firm
leading to loss of human engaged during
lives besides loss of construction /
reputation etc. maintenance and / or
Debarment up to 2
years.
Note:
(i) The term Consultant refers to Authority Engineer, Design Consultant, and Proof
Consultant & Safety Consultant.
RFP – Consultancy Services of Authority’s Engineer for Construction of 6-lane Greenfield corridor from
Ramnagar to Kacchi Dargah NH-119D (from Km 109+700 to Km 122+300), including widening of the existing
NH-31 (from Km 196+700 to Km 198+600), as part of the Amas-Darbhanga highway in the state of Bihar on
EPC Mode.
Page 30 of 257
(ii) In case of delayed failure i.e., failure due to construction but reported during
maintenance period after the defaulting Consultant has been demobilised, action shall be
taken against the concerned Consultant only.
(iii) For each repeated lapse by the firm, the penalty for the subsequent offence shall be
enhanced by an additional 50% as compared to penalty imposed in the previous instance
applicable against the category of penalty under consideration.