wieder x is a wsmrt sftp ‘FEA Phone = 91-1-26074100125074200 Gree vfteest ait cert arent) PRU) Fax :91-11-25003607 / 25093514 National Highways Authority of India (Ministry of Road Transport and Highways) ‘WS we 6, Saet-10, area, FE eeett-110075, 6-5 & 6, Sector-10, Dwarka, New Delhi-110075, NHAI/Policy Guidelines/Standard Document/2021 Policy Circular No. 11.30 dated 16'" June, 2021 (Decision taken on e-office file Comp. No. 54488) Sub.: Regarding amendment in the Standard Request for Proposal (RFP) and Standard EPC Agreement for National Highways and Centrally Sponsored Road works proposed to be implemented on EPC mode of Contract NHAI vide its Policy Circular no. 11.26 dated 08.01.2021 (Annex-l) has decided to consider Contract price for bidding purposes exclusive of GST instead of the existing practice of considering the Contract Price including base rate as well as applicable taxes including GST. It was further decided vide Policy Circular no. 114.27/2021 dated 22.01.2021 (Annex - II) to implement these guidelines for bids received on or after 1% April, 2021. 2. _ In view of above, the relevant Clauses of Standard Request for Proposal (RFP) and Standard EPC Agreement for National Highways and Centrally Sponsored Road works proposed to be implemented on EPC mode of Contract have been modified as under: Modified Clause lEstimated Project Cost is the lcost_ of civil work excluding |GST for which Bid is invited, [The estimated cost of the (Clause no. Footnote 4 of Standard RFP Existing Clause Estimated Project Cost is the cost of civil work for which Bid is invited. The estimated cost of the [Clause no. H.1.3 of Standard RFP Project (the “Estimated Project Cost”) has been specified in the clause 1.1.1. above. The assessment of actual costs, however, will have to be made by the Bidders. Project (the “Estimated Project ICost”) has been specified in the lause 1.1.1 above, which is lexclusive of Goods and Service [Tax (GST). The assessment of lactual costs, however, will have Ito be made by the Bidders. Clause no. 1.2.6 of IStandard RFP BIDs will be evaluated for the project on the basis of the lowest cost required by a Bidder for implementing the Project (the “BID Price”). The Total time allowed for completion of construction under the. agreement (the “Construction Period”) and the period during which the Contractor shall be liable for maintenance and rectification of any defect or BIDs will be evaluated for the project on the basis of the lowest cost required by a Bidder for implementing the Project (the “BID Price”), which is lagreement (the “Construction Period”) and the period during which the Contractor shall be Wo lexclusive of Goods and Services time |Tax (GST). The Total allowed for completion of | onstruction under thedeficiency in the Project after completion of the Construction Period (the “Defect Liability Period”) shall be —_pre- determined, and are specified in the draft agreement forming part of the Bidding Documents. liable for maintenance and rectification of any defect or |deficiency in the Project after ‘completion of the Construction Period (the “Defect Liability Period”) shall be _pre- \determined, and are specified in ‘the draft agreement forming part of the Bidding Documents. larticle 19.7 (i) of Standard EPC lAgreement The Authority shall make: payments to the Contractor for the Works on the basis of the lump sum price accepted by the Authority in consideration of the obligations specified in this | Agreement for an amount of INR (INR . : (the “Contract Price”), which shall be subject to adjustments in accordance with the provisions of this Agreement, For the avoidance of doubt, the Parties expressly agree that the Contract Price shall not include the cost of Maintenance, which shall be paid separately in accordance with the provisions of Clause 19.7. The Parties further agree that save and except as provided in this Agreement, the Contract Price shall be valid and effective until issue of Completion Certificate. [The Authority shall. make payments to the Contractor for the Works on the basis of the |lump sum price accepted by the [Authority in consideration of the lobligations specified in this Agreement for an amount of INR . (INR... 2) (the “Contract Price”), which Ishall be subject to adjustments lin accordance with the [provisions of this Agreement. For Ithe avoidance of doubt, the Parties expressly agree that the Contract Price shall not include the cost of Maintenance and \Goods and Services Tax (GST), Ithe cost of Maintenance shall be lpaid separately in accordance “ith the provisions of Clause 119.7 and GST shall be payable at ‘the applicable rates. The Parties further agree that save and lexcept as provided in this lAgreement, the Contract Price shall be valid and effective until issue of Completion Certificate. [article 19.17 ii) of Standard EPC lAgreement The Contract Price includes all duties, taxes, royalty, cess, charges, and fees that may be levied in accordance with the laws and regulations in force as on the Base Date on the Contractor's equipment, Plant, Materials and supplies acquired for the purpose of this Agreement and on the services performed under _ this. Agreement. Nothing in_ this [The Contract Price includes all lduties, taxes (excluding GST, which shall be payable at the lapplicable rates), royalty, cess, Icharges, and fees that may be levied in accordance with the laws and regulations in force as lon the Base Date on the [Contractor's equipment, Plant, faterials and supplies acquired for the purpose of this lAgreement_and on the services WheAgreement shall relieve the Contractor from its responsibility to pay any tax including any tax that may be levied in India on profits made by it in respect of this Agreement. performed under this [Agreement. Nothing in this Agreement shall relieve the (Contractor from its responsibility ‘to pay any tax including any tax that may be levied in India on profits made by it in respect of Ithis Agreement. 3. This issues with the approval of Competent Authority. Encl.: As stated above. To “ Whore (Sheo Shankar Jha) CGM (Coord.) All officers of NHAI HQ/ROs/PIUs/CMUs/Site Offices Copy to: 1. 2. 3. Library for hosting the circular on library site Web admin for circulation Hindi Officer for translation in HindiVTL Ue 14 oPinwe91-11-2507410NN2507A20 (ae afta ote crt sara) National Highways Authority of India {Ministry of Read Transport and Highways) 4-5 6, teze10, ree, a8 Fae 110075, 8, Sector-10, Dwarka, Mow Deli-1100 NHAI/Policy Guidetines/Standard Documents/2021 Policy Circular No. 11.26 dated og January, 2021 (Becision taken on e-file Comp. No.54488) Sub: GST on Road Contracts-reg, NHAI wide its note dated 04.11.2020 had suggested Ministry of Road Transport & Highways that contract price for bidding purposes may be considered exclusive of GST instead of the existing practice of considering the Contract Price including base rate 3s well sl applicable taxes including GST. 2 ao Ministry of Road Transport & Highways vide letter no. NH-24028/22/2020-H dated 29.12.2020 has drawn reference of para 2.6 of Ministry's Office Order. Ne Secy/RTH/Circular/005 dated 09.03.2019 stipulating as under and has asked to follow the same “while GST, Contingencies and Centages are part of approved cost: estimates for any project/ proposal, it is only the estimated civil construction cost, which shall be put to tender while inviting bids. This may be made a part of the Technical Note/ Administrative Approval.” 3. Ithhas been decided to implement the aforesaid guidelines with immediate effect. 4. This issues with the approval of Competent Authority, oss (Sheo Shankar Jha) GM (Coord, To All officers of NHAI HQ/ROs/PIUs/CMUs/Site Offices Copy to: 1. PS to Chairman 2, PS to All Members/CVO. 3. Hindi Officer for translation in Hindi 4, Library for hosting the circular on library site 5. Web admin for circulationfonese STRAT TT TTT TTAB OT eee: susizenacemen (ase Gitar etx camrt area), National Highways Authority of India (Ministry of Read Transport and Highways) K-56, eee, are, nf eh HHOOTS 6.546, Sector10, Derk, Now Dot 10078 NHAI/Policy Guidelines/Standard Documents/2021 Policy Circular No.11.27/2021 dated 224 January 2021 (Amendment to Circular No. 11.26 dated 08.01.2021) {Decision taken on e-file Comp. No,54488) Sub.: GST on road contracts- reg. This has reference Circular No. 11.26 issued on 08.01.2021 regarding “GST on Toad contracts” to consider contract price for bidding purposes exclusive of GST instead of the existing practice of considering the Contract Price including base rate as well as all applicable taxes including GST. i: The difficulties are being faced in implementation of the above circular with immediate effect due to number of bids already in pipeline and accordingly the said Circular shall now be effective for bids to be received on or after 1% April, 2021 3. This issues with the approval of Competent Authority. | \/ubef (Sanjay Kumar Patel) General Manager (Coord.) To: All officers of NHAI HQ/ROs/PIUs/CMUs/Site Offices Copy to: 1. PS to Chairman 2, PS to All Members/CVO 3. Hindi Officer for translation in Hindi 4. Library for hosting the circular on library site 5. Web admin for circulation