STAT TT TST ATPRTRTOT aioe orstsnretooasraco (ese oitaes att corr warera) ‘Per Fax -91-11.25099507 / 25093514 National Highways Authority of India (Ministry of Read Transport and Highways) HA-5 WH 6, THT-10, aA, AE fReett-110075 6-8 & 6, Soctor-10, Dwarka, New Dethi-110075 NHAI/Policy Guidelines/Atmnirbhar Bharat Policy No. 18.46/2020 dated 22" June 2020 (Decision taken on E-Office F.No. NHAI/COVID-19/RoadMap/CMD/2020 (Comp. No. 5788)) ‘Sub: Procedure and Delegation of Power for Relief to Contractor/Developers of Road Sector under Atmanirbhar Bharat. MoRTH vide OM No. COVID-19/RoadMap/JS(H)/2020 dated 3.6.2020 has issued Atmanirbhar Bharat: Relief for Contractors/Developers of Road Sector in view of the prevailing situation due to COVID-19 for immediate implementation by all concerned agencies. The same was circulated to NHAI officials for implementation vide NHAI Office Memorandum No. NHAI/COVID-19/RoadMap/CMD/2020(CN5788) dated 8° June 2020 (copy attached as Annex). In order to its effective implementation, procedures and delegation of powers shall be as below: [ Sl. | Relief Procedure Delegation No. a of powers: (1) (2) (3) a (4) (i) [Retention money (which isa part |If the Contractor is not in breach of | Project of the Performance Security till | Contract, the retention money (in the form | Director construction period) -—_fs | of cash or Bank Guarantee) so far deducted recommended to be released in | shall be released immediately and future Proportion to the work already | deduction and releases shall be done as per executed in accordance with the | relief given in column (2). Contract specification and further retention money from the Period from 03 months to upto 06 months may not be deducted from the Bills raised by the Contractor. 7 For HAM/ BOT — Contracts, | If the Concessionaire is not in breach of the | Regional Performance Guarantee may be| Agreement, the Performance Guarantee | Officer at released on pro-rata basis of that | shall be released on the request of the | field/ as provided in the Contract, if | Concessionaire in following manner : CGM(T) at Concessionaire is not in breach of HQ the Contract. 1) For HAM Projects the Performance Guarantee may be released in four installment of one fourth value each after physical progress of 7.5%, 15%, 22.5% and 30%. ii) For DBFOT Projects the Performance Guarantee may be released in four installment of one fourth value each after physical progress of 5%, 10%, 15% and 20%. The physical progress shall be assessed by Independent Engineer based on prescribed norms for the project and recommended by Project Director. While releasing Performance Guarantee, it must be ensured that the financial progress is not less than physical progress. lou,(ii) | Extension of Time to Contractor/ | Whenever an application is made by a | Regional Concessionaire for meeting their | contractor/concessionaire who is not in| Officer for obligation under the Contract for | default of any contractual obligations and | Extension of 03 months to upto 06 months | where FMC is invoked by a| Time of depending on site conditions. | contractor/concessionaire and —_ the | three requirement of FMC are fulfilled, | months interim/final extension of three months of construction period without imposition of any cost or penalty shall be granted. Extension of more than three month and up | Member to six months may be decided and granted | concerned without imposition of any cost or penalty | for based on specific circumstances of the | Extension of case. Time more than three months up to six months Gi) | Relaxation in Schedule H for |i) For EPC mode contracts, the work may | Project EPC/Schedule G for HAM to|be planned and accounted as per | Director Provide monthly payment to the | prescribed stages given in contract Contractor for the work done and accepted as per the specification of the contract during the month under EPC/ HAM Contract. monthly work done as per this planned scope of the stage & confirming to specifications to achieve stage shall be accepted for payment. On receipt of such invoice, 75% of its value shall be paid within 3 days. Authority Engineer shall scrutinize and submit its recommendations on the complete invoice within 7 days of receipt. The remaining payment shall be made within 3 days of receipt of Authority Engineer's recommendations. ‘These interim payments shall be adjusted white accounting/ making payment for completed stage. ii) For HAM mode contracts, the work may be planned and accounted as per prescribed milestone given in concession agreement, monthly work done as per this planned scope of the milestone & confirming to specifications to achieve milestone shall be accepted for payment. On receipt of such demand, 75% of its value shall be paid within 3 days. Independent Engineer shall scrutinize and submit its recommendations on the complete demand within 7 days of receipt. The remaining payment shall be made within 3 days of receipt of Independent Engineer’s recommendations. These interim payments shall be adjusted while accounting/ making payment for completed milestones. fii) In case of Monthly Payments in EPC/HAM, if subsequent payment comes negative, concerned ‘Authority | Engineer/Independent Engineer will be | responsible.(iv) Direct payment to approved Sub: Contractor through Escrow Account. Direct payment to approved Sub- Contractor may be made through following two processes: i) While submitting the invoice for Project Director Except that | case. payments, the Contractor may notify the | the Escrow name and account numbers of his own and | Agreement his approved Sub-Contractors/Vendors for | signed in | whom and where the payment amounts are | prescribed to be released. format (issued by fi) In cases where due to reasons, the | Finance payments are not to be released to | Division) Contractor, and in order to survive the | with the contract, | the performance through | approval of approved sub-contractors is agreed, the | Regional payments shall be released by signing of an | Officer Escrow Agreement between NHAI and | Contractor wherein the Contractor agrees for release of invoiced amounts in an Escrow Account from where the amounts | may be paid to Sub Contractor of the project only. No payments can be released to Contractor, until the contract expire, all contractual obligations of Contractor are fulfilled and all due payments of Sub a # Contractors are made. |W) | Waiver of penalty for delay in | Project Director/GM(HQ) to recommend. | Regional submission of Performance officers Security/ Bank Guarantee in new CGM(HQ) Contract. entered into during March, 2020 to September, 2020. (Wi | To allow Extension of Time to | The payments shall be regulated only for | Project Consultants i.e I.E/ A.E for 031 those personnel, which were present on | Director months to upto 06 months | site/project as per deployment schedule depending on site condition. | and/or (exceptional) for those who stuck | Regional During this Force Majeure Event, | up at their head quarter while visiting for | Officer for they may be considered as if they | project related works due to lockdown. | exceptional were on duty. cases. Team Leader of the Consultants and concerned Project Director shall confirm the exceptional cases, while, for others attendance records at site shall be relied upon. Wil) | BOT? TOT Concessionaire: Before | Vihenever an application is made by a | Regional COD, the concession period of | contractor/concessionaire who is not in | Officer for BOT contracts shall be extended | default of any contractual obligations and | three by a period equal in length to the | where FMC is invoked by a contractor and | months duration of 03 months to upto 06 | the requirement of FMC are fulfilled, months. Further for loss in| interim/final extension of three months of collection of user fee, the | construction period without imposition of concession period shall be | any cost or penalty may be granted for all extended by a period in| projects. accordance with the Contract till [ Extension of more than three month and up | Member the time daily collection is below | to six months may be decided and granted | concerned 90% of the average daily fee. | without imposition of any cost or penalty | for more based on specific circumstances of the| than three | months up to six months(Wil) | For all National Highway Tolling Contracts, loss in collection of fee may be compensated in accordance with the Contract. Project Director to process the case, | Member Regional Officer to recommend Concerned 2) Contractor/Concessionaire will be debarred from availing these reliefs only if Intention to Terminate Notice is issued by NHAI. 3) This circular is valid till 30.9.2020. A further review of situation will be undertaken thereafter. 4) This issues with the approval of Competent Authority. To: (S.K, Patel) General Manager (Coord.) All Officers of HQ/ROs/PIUs/CMUs/Site Offices Copy to: All Members/CVO Ps to Chairman Hindi Officer for Translation in Hindi Library - for hosting the circular on library site Web Admin - for circulationandy ard asl afer, saa ) National Highways Authority of India 45 44 6, Bees 86, eH, HE Keo NHAL?COVID-19/Roadstap/CMD/2020:CN57B8) Dated 8 June 2020 OFFICE MEMORANDUM MORTH vide OM no, COWID-19/RoadMap/JS|Hi/2020 dated 3.6,2020 has issued Atmanirbhar Bharat: Relief for Contractors/Developers of Road Sector in ‘ew of the prevailing situation due to COVID-10 for inynediate implementation by ali concerned agencies. A copy of the same is aliached herewith for implementation with immediate effect, ” lee (Rajender Kumar} General Manager {CMD} Encls: As above % AALNHALNo, CGVID-19/RoadMap/qH}/2020 Government of India Ministry of Road Transpart & Highways, Highways Division) Teanger Bhawan, 1, farboesert Street. New Dethi 96a Dato. 03.05.2000) Te 1 The Chairman, Hational Highways Authority oF Indi, G § 7 6, Sector-10, Owarka Mow Belhi 240073 Picwctor GonerallRD) f Spociat Secretary, sinkstry of Road Trasspont & Highways The Managing Ditector, NHIDGC, PI! Buin, Hew Des 10001 rncipal Secretaries’ Secretaries of al Sites/U¥s Put Works Departimentl Roa Construction Department Highways Dopartonent (eating wien Haticral Tiga, ana ather centralyy sporsarad scenes) 5. All Enaneers-in Chet and Chief Engineers of Public Works Depa Constration Department? Highways Departonent (eaiing wae Rational ana other centrally sponsored! schemes) & Tne Director General Border Roads, Seema Sadak Bhawan, Ring oad, New Delhi Homo 7. A CE-ROs, ROS and ELOs of the Mistry of Roa Transport & Highways i Road Fighyways Subject: Atmantebhar Bharat: Reitet for Contracters/Developers of Road Sector- re, Reference: MoRTH OM. Ho, COVID-19/ Roadmap’ Sth)/2020 dare: 18! 4 CONVMIILER constitutes ter his purpose 9, 2020 rogarding Sir ns FeceNeS Irom the Constructien ss has ats, concessiznnires Alter due consideration of the 14 industey, the Competent Authority in the ministey of Road Transport & High pproved following measures for pravicing urwent reliet co the: contra and developers of read sector in view of the prevailing situation duc to COVIDIO tor entation by all the concurned agen ics, fowmeatins Hy Retention money frbich is a part af the Pertormance Security til construction erica) &s recoemnended to Ue teleased in proportion to the work aiready executed inaccordance with the Contract specification and fulther retention maney from the period from 03 montis to upto O6 months may net be deducted! from the Bill raised Sy the Contractor. For Haas BO™ Ff peo-rala basis of thet uy provided the Coptract. if Caneess breach of tho Contract, tracts, Perfor nance Gusraoe may be released wpaire is mot ) Extension of Time tu Contractors Concessionaite fer meeting their obligation under ‘he Contract for 03 months to upta C6 manths depenuling on site conditions ne Contractor for the wetk acl during the month under (i) Relaxation in Schedule H te provide niontinly payrwent done and accepted as per the specification of tive cont BBCI Hiv Contract ¥)_Riroct payment to approved Sub-Comractar through Escrow Areountwecuriby! Banik Guarantee September fe Watver of penalty tor delay & submission of Pertormance fn ney Contract prorat ne during March, 2020 t (vit To allow Extension of Time to Consultants ive LEY ALE for a: montis depending a0 site condition, Ouring this Force: Majecac canwidered as if they sere on duty (ill BOT! TOT Concessionaire: Before CoD, the concession period ot SOT contracts shall be extended by a period equal in length to the duration of G3 months to unto 06 months, Further for loss ta colleclioe of user fee, the Concession perine small he extended by a periad in accordance with the Centtact tik the: time daily celieetion: is below OIE of the average daily fee fviiti For all Mabiatal Hiyiway Touing Contracts, toss MW collection of fee nay be compensated in accordance with the Contact, 2, After receipt af the proposal from the Contract f Concessionaire invoking provisions under FIC, the authority Cagineer Incepencem Engines: wl examine aud tecornaerd far giving tebet unger the above measures to the Contractor! Concessionaire by the POY Fxecuntive Enginew ho will approve the relief measuies as mentioned above. 1b directed thar all the meese shalt be i piomented by the executing agencies with immediate effect, nus faitlfady, ce Rasnandees Chard ary) Lboputy Secretary #9 the Gout af India Tal No. 23718875, Copy toy P5 co Hon'ble Minister (RTGIN PS La Hon'ble Atos (2TH Sr, PPS to Secretary (1M ASGFA, MaRTH Ail iojnt Secretaries sn the MARTH AAILADGSICES 19 he BaRTH GirectoriWiC), MORTH for uploading an the website