Annexure-I

APPENDIX - II
Bank Guarantee for BID Security
(Refer Clauses 2.20)
B.G. No. Dated:

1. In consideration of you, National Highways Authority of India, having its office at G-5 & 6,
Sector 10, Dwarka, New Delhi - 110075, (hereinafter referred to as the “Authority”, which
expression shall unless it be repugnant to the subject or context thereof include its,
successors and assigns) having agreed to receive the BID of …………………… and having its
registered office at ……………………… (and acting on behalf of its JV) (hereinafter
referred to as the “Bidder” which expression shall unless it be repugnant to the subject
or context thereof include its/their executors, administrators, successors and assigns), for
4- laning of Indore to Raghav Garh section of NH 59 (Indore-Harda package 1 stretch)
from MR-10 Junction on NH-3 Bypass Ch.0.250 to Raghav Garh Ch. 26.903 (Design Length
= 26.653 Km) under Bharatmala Pariyojana Phase-I (Economic Corridor) in the state of
Madhya Pradesh on EPC mode. (hereinafter referred to as “the Project”) pursuant to the
RFP Document dated …………… issued in respect of the Project and other related
documents including without limitation the draft contract Agreement
(hereinafter collectively referred to as “Bidding Documents”), we (Name of the Bank)
having our registered office at ………………… and one of its branches at ……………………..
(hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms
of Clause 1.2.4 read with Clause 2.20.1 of the RFP Document, irrevocably, unconditionally
and without reservation guarantee the due and faithful fulfilment and compliance of the
terms and conditions of the Bidding Documents (including the RFP Document) by the said
Bidder and unconditionally and irrevocably undertake to pay forthwith to the
Authority an amount of Rs. 5.15 crore (Rupees Five Crore and fifteen Lakh only)
(hereinafter referred to as
the “Guarantee”) as our primary obligation without any demur, reservation,
recourse, contest or protest and without reference to the Bidder if the Bidder shall
fail to fulfil or comply with all or any of the terms and conditions contained in the
said Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in default
of the due and faithful fulfilment and compliance with the terms and conditions
contained in the Bidding Documents shall be final, conclusive and binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether
the claim of the Authority is disputed by the Bidder or not, merely on the first demand from
the Authority stating that the amount claimed is due to the Authority by reason of failure
of the Bidder to fulfil and comply with the terms and conditions contained in the Bidding
Documents including failure of the said Bidder to keep its BID open during the BID validity
period as set forth in the said Bidding Documents for any reason whatsoever. Any such
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 demand made on the Bank shall be conclusive as regards amount due and payable by the
Bank under this Guarantee. However, our liability under this Guarantee shall be restricted
to an amount not exceeding Rs. 5.15 crore (Rupees Five Crore and fifteen Lakh only).

4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one
hundred and eighty) days from the BID Due Date inclusive of a claim period of 60 (sixty)
days or for such extended period as may be mutually agreed between the Authority and the
Bidder, and agreed to by the Bank, and shall continue to be enforceable till all amounts
under this Guarantee have been paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to
whether the Bidder is in default of due and faithful fulfilment and compliance with the
terms and conditions contained in the Bidding Documents including, inter alia, the
failure of the Bidder to keep its BID open during the BID validity period set forth in the
said Bidding Documents, and the decision of the Authority that the Bidder is in default
as aforesaid shall be final and binding on us, notwithstanding any differences between
the Authority and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator
or any other Authority.

6. The Guarantee shall not be affected by any change in the constitution or winding up of the
Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank
with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the
Bank as the principal debtor. The Authority shall have the fullest liberty without
affecting in any way the liability of the Bank under this Guarantee from time to time to
vary any of the terms and conditions contained in the said Bidding Documents or to extend
time for submission of the BIDs or the BID validity period or the period for conveying
acceptance of Letter of Award by the Bidder or the period for fulfilment and compliance
with all or any of the terms and conditions contained in the said Bidding Documents by
the said Bidder or to postpone for any time and from time to time any of the
powers exercisable by it against the said Bidder and either to enforce or forbear from
enforcing any of the terms and conditions contained in the said Bidding Documents
or the securities available to the Authority, and the Bank shall not be released from its
liability under these presents by any exercise by the Authority of the liberty with reference
to the matters aforesaid or by reason of time being given to the said Bidder or any other
forbearance, act or omission on the part of the Authority or any indulgence by the
Authority to the said Bidder or by any change in the constitution of the Authority or its
absorption, merger or amalgamation with any other person or any other matter or thing
whatsoever which under the law relating to sureties would but for this provision have the
effect of releasing the Bank from its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently

given or made if addressed to the Bank and sent by courier or by registered mail to the
Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us addressed

to [name of Bank along with branch address] and delivered at our above branch which

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 shall be deemed to have been duly authorised to receive the said notice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the Authority may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency except
with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorised and has full power to
execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted
to Rs. 5.15 crore (Rupees Five Crore and fifteen Lakh only). The Bank shall be liable
to pay the said amount or any part thereof only if the Authority serves a written claim
on the Bank in accordance with paragraph 9 hereof, on or before [*** (indicate date
falling 180 days after the BID Due Date)].
14. This guarantee shall also be operatable 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.
15. 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:

S. No. Particulars Details

1. Name of Beneficiary National Highways Authority of India
2. Name of Bank Canara Bank
3. Account No. 8598201005819
4. IFSC Code CNRB0008598

Signed and Delivered by ………………………. Bank

By the hand of Mr./Ms …………………….., its ………………….. and authorised official.

(Signature of the Authorised Signatory)

(Official-Seal)