Volume 1 of 5

BIDDING DOCUMENTS
FOR
PROCUREMENT OF WORKS
(International Competitive Bidding)
(Package No. MAHSR–C–8)
Design and Construction including Maintenance of Civil and Building

Works for Sabarmati Depot on Design Build Lump Sum Price Basis for
High Speed Railway involving works for Ground Preparation, relating
Roads, Piping, Wiring, Landscaping, General Inspection Train Shed,
Maintenance Car Shed, Safety Confirmation Car Shed, Staff Room and
other Associated works between MAHSR Km. 507.599 and MAHSR Km.
509.726 in the State of Gujarat
for the
Project for Construction of Mumbai-Ahmedabad High Speed Rail
VOLUME 1 of 5 : Part-1 and Part-3
Employer
NATIONAL HIGH SPEED RAIL CORPORATION LIMITED
2nd Floor, Asia Bhawan,
Road No. 205, Sector-9, Dwarka,
New Delhi – 110077, India.
Tel: +91-11-28070000
Fax: +91-11-28070250
OCTOBER 2020
BIDDING DOCUMENT
FOR
(Package No. MAHSR-C-8)
Design and Construction of Civil and Building Works for the Depot on De-
sign Build Lump Sum Price Basis for Double Line High Speed Railway in-
volving works for Site Formation, Abutment, Retaining Walls, Roadbed for
track, Box Culvert, Roads, Cable Duct, Foundations of OHE Masts, Piping,
Drainage, Water Supply, Water Harvesting, Fire Fighting, Landscaping,
Boundary Wall, General Inspection Train Shed, Maintenance Depot and
other Associated works At Sabarmati between MAHSR Km. 507.599 and
MAHSR Km. 509.726 in the State of Gujarat
for the
Summary Table of Contents
Invitation for Bids (IFB)

PART 1 – BIDDING PROCEDURES
Section I. Instructions to Bidders (ITB)
Section II. Bid Data Sheet (BDS)
Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
Section V. Eligible Source Countries of Japanese ODA Loans
PART 2 – EMPLOYER’S REQUIREMENTS & REFERENCE

INFORMATION/REPORTS
Section VI. Employer’s Requirements & Reference Information/Reports
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VII. General Conditions (GC)
Section VIII. Particular Conditions (PC)
Section IX. Annex to the Particular Conditions - Contract Forms
Project for Construction of Mumbai-Ahmedabad High Speed Rail Bidding Documents
Package No. MAHSR – C-8 Invitation for Bids
National High Speed Rail Corporation Limited (NHSRCL)

2nd Floor, Asia Bhawan, Road No.205, Sector-9, Dwarka, New Delhi-110077, India
Invitation for Bids
Date: 22.10.2020
Loan Agreement No: ID-P277 & ID-P279
IFB No: MAHSR-C-8
Design and Construction of Civil and Building Works for the Depot on
Design Build Lump Sum Price Basis for Double Line High Speed Railway
involving works for Site Formation, Abutment, Retaining Walls, Roadbed
for track, Box Culvert, Roads, Cable Duct, Foundations of OHE Masts,
Piping, Drainage, Water Supply, Water Harvesting, Fire Fighting,
Landscaping, Boundary Wall, General Inspection Train Shed,
Maintenance Depot and other Associated works At Sabarmati between
MAHSR Km. 507.599 and MAHSR Km. 509.726 in the State of Gujarat
for the
NOTICE OF INVITATION FOR BIDS

(SINGLE STAGE TWO-ENVELOPE BIDDING)
1) The Government of India has received a loan from the Japan International Cooperation
Agency (JICA) towards the cost of the Project for Construction of Mumbai – Ahmeda-
bad High Speed Rail. It is intended that part of the proceeds of this loan will be applied
to eligible payments under this Contract for the works as described in the title.
2) The Government of India through National High Speed Rail Corporation Limited
(NHSRCL) (herein after referred to as Employer) now invites online Bids from eligible
Bidders for the construction and completion of the Works as described in the title.
International Competitive Bidding will be conducted in accordance with JICA’s Single
Stage (“Two Envelope”) Bidding Procedure.
3) Bidding will be conducted through procedures in accordance with the applicable Guide-
Page 1 of 13
lines for Procurement under Japanese ODA Loans and is open to all Bidders from eli-
gible source countries, as mentioned in Section-V Eligible Source Countries of Japa-
nese ODA Loans.
4) Interested eligible Bidders may obtain further information from and inspect the Bidding
Documents at the office of:
Managing Director
National High-Speed Rail Corporation Limited (NHSRCL)
2nd Floor, Asia Bhawan
Road No.205, Sector-9, Dwarka
New Delhi – 110077, India.
Tel: +91-11-28070000
Fax: +91-11-28070250
E-mail: c8packagetender@nhsrcl.in
5) A complete set of Bidding Documents, shall be available for downloading from e-
procurement portal of NIC https://etenders.gov.in/eprocure/app from 23.10.2020
(09:00 Hrs) to 17.02.2021 (up to 15:00 Hrs) IST upon payment of a non-refundable fee
of INR 236,000.00 (Indian Rupee Two Hundred and Thirty-Six Thousand only)
including GST towards cost of Bidding Documents in the form of online remittance/
RTGS/NEFT/IMPS and uploading of Non-Disclosure Agreement (NDA) duly filled as
per format Appendix to IFB. Interested Bidders, upon payment of Cost of Bidding
Documents, shall be required to upload the NDA duly filled in the e-procurement portal
and send an email to the Employer at email address mentioned in para 4) above along
with necessary details (i.e. name and address of the Bidder, email id and copy of proof
of payment of cost of Bidding Document), atleast 2 working days in advance of deadline
for submission of Bids. Upon verification of receipt of cost of Bidding Document and
NDA, Employer will approve or reject the Bidder to download the Bidding Document
from e-procurement portal of NIC https://etenders.gov.in/eprocure/app. IFB No. i.e.
MAHSR-C-8 must be entered in remarks at the time of online transaction of payment,
failing which payment may not be considered. NHSRCL account details for online
remittance are given below:
Account Name - National High Speed Rail Corporation Limited,
Bank - HDFC Bank Limited, 209-214, Kailash Building, 26, Kasturba Gandhi Marg,
New Delhi-110001
Account No - 57500000079852
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IFSC Code- HDFC0000003

MICR - 110240001
6) The provisions in the Instructions to Bidders and in the General Conditions of Contract
are the provisions of the Standard Bidding Documents under Japanese ODA Loans for
the Procurement of Electrical and Mechanical Plant and for Building and Engineering
Works, Designed by the Contractor, by Japan International Cooperation Agency (JICA),
July 2015 Trial Version and FIDIC Conditions of Contract for Plant and Design Build,
First Edition 1999, respectively.
7) Bids must be submitted online only on e-procurement portal https://etend-
ers.gov.in/eprocure/app from 12.02.2021 (09:00 Hrs.) upto deadline for submission of
bids i.e. 18.02.2021 (15:00 hrs). Bid through any other mode shall not be entertained.
However, Bid Security of INR64,000,000 (Indian Rupee Sixty-Four Million only) in
original shall be submitted physically by the Bidder on or before deadline for submis-
sion of Bids. The Instructions for Online Bid Submission are annexed herein.
8) To participate in the e-bidding process, it is mandatory for the Bidder to register their
firm with e-procurement portal https://etenders.gov.in/eprocure/app to have a user ID
and password and the Bidder should be in possession of Class III Digital Signature
Certificate (DSC) in the name of the person duly authorized to sign and submit the Bid
on behalf of the Bidder from any Certifying Authority recognized by CCA India, with
their profile.
9) Only the Technical Bid will be opened online at e-procurement portal https://etend-
ers.gov.in/eprocure/app at 15:30 hrs on 19.02.2021.
10) Interested eligible Bidders, who purchased the Bidding Documents beforehand, are in-
vited to attend a Pre-bid meeting to be held on 23.11.2020 at 1100 hrs. The Pre-bid
meeting will be held through Video Conference (VC).
The Bidders who wish to join the VC shall be required to send a request email (along
with necessary details such as name and address of the bidder, name, designation &
email id of the person(s) who shall attend the meeting), at email mentioned at para 4)
above, atleast 2 working days in advance of the date of pre-bid meeting. Employer shall
send the link for VC. Employer reserves the right to restrict the number of links per
Bidder based on the total requests received. Employer reserves the right to reject any
request received after the deadline of such requests stated above.
Participation in this Pre-Bid Meeting is not mandatory.
Page 3 of 13
11) Courts in Delhi alone shall have the jurisdiction to entertain any application or other
proceedings in accordance with Laws in India, in respect of anything arising under this
bid.
S/d
Managing Director
National High Speed Rail Corporation Limited (NHSRCL)
Road No.205, Sector-9, Dwarka
New Delhi – 110077, India
Page 4 of 13
APPENDIX TO IFB
AGREEMENT ON NON-DISCLOSURE
OBLIGATION
This Agreement on Non-Disclosure Obligation (hereinafter referred to as “this Agreement”)

is made by National High Speed Rail Corporation Limited (herein after referred to as
NHSRCL) and the firm, who has made the payment towards cost of Bidding Documents vide
no. ………………dated……… (insert payment details) for the purchasing of Bidding Docu-
ments purchase (hereinafter called as Invitee). Here after the Invitee and NHSRCL shall be
collectively referred as the “Parties” and individually referred to as a “Party” in reference to
this agreement.
1.0 PURPOSE
The purpose of this Agreement of “Non-Disclosure Obligation” is for the Invitee to be able
to properly manage and maintain the confidentiality of the information provided or disclosed
by the NHSRCL for Mumbai-Ahmedabad High Speed Railway Corridor (hereinafter re-
ferred to as “the Projects”).
2.0 DEFINITIONS
The following terms as used in this Agreement are defined as follows:
2.1 “Confidential Information” shall mean:

(i) the terms and conditions of this Agree-
ment; and
(ii) as provided by the NHSRCL, in connection with or relating to the Projects, to

the Invitee, any information related to the Projects (such as, but not limited to,
technical documents and technical data, business documents, drawings and
commercial data) including written information, oral information and infor-
mation contained in any form of media or device, that is clearly identified by
the NHSRCL as confidential information at the time of its disclosure.
2.2 Notwithstanding anything else contained in this Agreement, the Confidential Infor-
mation shall not include any information:
(a) that is, at the time of its disclosure, possessed by the Invitee without owing any
confidentiality obligation;
Page 5 of 13
(b) with regard to the technology or knowledge that is independently developed by

the Invitee with no relation to any Confidential Information;
(c) that is properly acquired by the Invitee from a third party without owing any
confidentiality obligation and such third party is not in breach of any confiden-
tiality obligation relating to such information;
(d) that the NHSRCL, permits the disclosure of (subject to the terms and condi-
tions of such consent from the NHSRCL);
(e) that is disclosed by the NHSRCL to a third party without imposing any confi-
dentiality obligation thereon; or
(f) that subsequently becomes publicly known for a reason other than that attributa-
ble, directly or indirectly, to the Invitee after its disclosure.
3.0 CONFIDENTIALITY
3.1 The Invitee shall be obligated to keep the Confidential Information in confidence
with the care of a good manager and shall not disclose or divulge the Confidential
Information to any third party without the prior written consent of the NHSRCL.
Upon the discovery of any breach of this Agreement or the improper disclosure or
misuse of the Confidential Information, the Invitee shall notify the NHSRCL and
shall take all necessary actions to prevent any further breach, improper disclosure or
misuse, including by causing the persons to whom the Invitee disclosed the Confi-
dential Information to agree and adhere to non-disclosure terms similar to those set
forth in this Agreement.
3.2 Notwithstanding Section 3.1 above, the Invitee may disclose the Confidential Infor-
mation: (i) to the extent necessary, to (a) the Invitee’s officers and employees (here-
inafter collectively referred to as the “Employees”) who need to know such Confi-
dential Information for purposes of the Projects, (b) lawyers, advisors and other spe-
cialists owing confidentiality obligations under applicable laws, regulations or agree-
ments and who are engaged by the Invitee to render services in connection with the
Projects, (c) potential members participating in bids of the Projects and (ii) in ac-
cordance with applicable laws, rules and regulations, and any mandatory order by a
court with jurisdiction or other public agency with jurisdiction; provided, however,
that, if, and legally permitted to do so, the Invitee shall promptly notify the NHSRCL
and take reasonable steps to assist the NHSRCL in contesting such order or otherwise
in protecting the NHSRCL’s rights prior to disclosure, to minimize the Confidential
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Information which is disclosed to follow such order.

3.3 The Invitee shall impose upon all of the Employees who have or have had access to
the Confidential Information, confidentiality obligations which continue after such
Employee’s retirement/resignation/leave from the Invitee’s company, equivalent to
those of the Invitee under this Agreement and shall ensure such Employees comply
therewith. The Invitee shall be jointly and severally responsible with such Employ-
ees (including former Employees) for any breach of such confidentiality obligations
by such Employees (including former Employees).
3.4 The Invitee shall insert the relevant clause in their agreement/contract to impose the
same obligation as stipulated in this Agreement to other members, consultants, sub-
contractors, manufactures etc. participating for such bids.
4.0 INTELLECTUAL PROPERTY RIGHTS
The Parties have expressly understood and agreed that all rights, including but not
limited to those rights for property and intellectual property rights (including but not
limited to patent rights, design rights, copyrights, trade secret rights and all other
intellectual and industrial property rights of any sort throughout the world, the same
shall apply hereinafter), regarding the Confidential Information or any other infor-
mation mutually shared among the Parties will remain the exclusive property rights of
the respective property rights holder.
5.0 NO WARRANTS
The Invitee has expressly understood and agreed that neither NHSRCL nor the In-
vitee have any obligation under or by virtue of this Agreement to enter into furnish-
ing, trading, development, or technology licensing agreement, or any other agreement,
from or to the Invitee any products, services, or any technologies.
6.0 EXPORT CONTROL
In the event that sample products or technology including the Confidential Infor-
mation is exported to India or any other country or provided to a resident in country
by the Invitee, the Parties hereby confirm and agree on the need to adhere to the laws
and regulations of such and other countries and perform any necessary procedures,
including obtaining export permits.
Page 7 of 13
7.0 DAMAGES
Each Party agrees to indemnify, save and hold harmless the other Parties from and
against any and all losses, liabilities, expenses (including, legal fees and costs), claims,
liens, damages or the like (limited to common direct damages actually incurred) in-
curred by the other Parties as a result of any breach of any provision of this Agreement.
8.0 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of
the Republic of India.
9.0 JURISDICTION
The Parties will submit any disputes arising from or in connection with this Agree-
ment that cannot be solved by good faith consultation among the Parties to the ex-
clusive jurisdiction of Courts of Delhi for the court of first instance.
10.0 TERM
(1) The effective term of this Agreement shall run for a six (6) year period from the
date hereof, and thereafter automatically extended for successive period of one (1)
year each, unless each Party shall have otherwise notified to the other Parties in
writing at least one (1) month prior to the expiry of this Agreement or any exten-
sion thereof.
10.1 Notwithstanding the above, the obligations of the Invitee in relation to the Confidential
Information shall survive after the termination of this Agreement.
10.2 Upon the termination of this Agreement, or at any time prior thereto upon the written
request of the NHSRCL, the Invitee shall cease all use of and shall promptly return to
the NHSRCL (at the expense of the Invitee), or shall promptly destroy in accordance
with the reasonable instructions of the NHSRCL, all of the Confidential Information
it received that is in tangible or electronic/digital form (including but not limited to
originals, all summaries, copies and excerpts). In the event of its destroying, the In-
vitee shall destroy such Confidential Information by the way of non-reusable.
11.0 MISCELLANEOUS
11.1 This Agreement is the entire agreement between the Parties as to the subject matter
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hereof and supersedes any and all previous agreements, whether oral or written, as to
its subject matter. It may be modified only by the written agreement of the Parties.
11.2 Any information disclosed to the Invitee by the NHSRCL before execution of this
Agreement shall be treated subject to this Agreement.
11.3 If any provision of this Agreement shall be invalid or unenforceable, such invalidity
or unenforceability shall not render the entire agreement invalid. Rather, this Agree-
ment shall be construed as if not containing the particular invalid or unenforceable
provision, and the right and obligations of each Party shall be construed and enforced
accordingly.
11.4 No failure or delay by each Party in exercising any right, power or privilege hereunder
shall operate as a waiver thereof nor shall any single or partial exercise thereof pre-
clude any other or further exercises of any rights, powers or privileges hereunder.
11.5 This Agreement constitutes a non-disclosure agreement only and shall not be construed
as a teaming, joint venture or other such arrangement. Nothing in this Agreement shall
grant to any Party the right to make commitments of any kind for or on behalf of the
other Parties without the prior written consent of the other Parties.
(End of APPENDIX to IFB)
Page 9 of 13
Instructions for Online Bid Submission:

The Bidders are required to submit soft copies of their bids electronically on the e-procurement
portal of NIC (CPP Portal) https://etenders.gov.in/eprocure/app, using valid Digital Signature
Certificates. The instructions given below are meant to assist the bidders in registering on the
CPP Portal, prepare their bids in accordance with the requirements and submitting their bids
online on the CPP Portal.
More information useful for submitting online bids on the Portal may be obtained on the same
portal of NIC i.e. https://etenders.gov.in/eprocure/app.
REGISTRATION
1) Bidders are required to enroll on the above mentioned e-Procurement portal by clicking on
the link “Online bidder Enrollment” on the Portal which is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique username
and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part of the
registration process. These would be used for any communication from the e-procurement
Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class III Certificates with signing key usage) issued by any Certifying Authority
recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with their profile. For foreign
bidders, the Digital Signature Certificate (DSC) is issued by eMudhra (https://www.e-
mudhra.com/foreign-dsc.html).
5) Only one valid DSC should be registered by a Bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user ID / password
and the password of the DSC / e-Token.
SEARCHING FOR BID DOCUMENTS
1) There are various search options built in the e-Procurement Portal, to facilitate bidders to
search active bids by several parameters. These parameters could include Bid ID, Organization
Name, Location, Date, Value, etc. There is also an option of advanced search for bids, wherein
the bidders may combine a number of search parameters such as Organization Name, Form of
Page 10 of 13
Contract, Location, Date, Other keywords etc. to search for a bid published on the e-
procurement Portal.
2) Once the bidders have selected the tenders they are interested in, they may download the
required bidding documents after paying the cost of bidding document. These bids can be
moved to the respective ‘My Tenders’ folder. This would enable the e-procurement Portal to
intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the
bidding document.
3) The bidder should make a note of the unique Bid ID assigned to each tender, in case they
want to obtain any clarification / help from the Helpdesk.
PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the bidding document before
submitting their bids.
2) Please go through the tender advertisement and the bidding document carefully to
understand the documents required to be submitted as part of the bid. Please note the number
of covers in which the bid documents have to be submitted, the number of documents –
including the names and content of each of the document that need to be submitted. Any
deviations from these may lead to rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
bidding document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG
formats. Bid documents may be scanned with 100 dpi with black and white option which helps
in reducing size of the scanned document.
4) To avoid the time and effort required in uploading the same set of standard documents which
are required to be submitted as a part of every bid, a provision of uploading such standard
documents (e.g. PAN card copy, GST certificate copy, annual reports, auditor certificates etc.)
has been provided to the bidders. Bidders can use “My Space” or ‘’Other Important
Documents’’ area available to them to upload such documents. These documents may be
directly submitted from the “My Space” area while submitting a bid, and need not be uploaded
again and again. This will lead to a reduction in the time required for bid submission process.
SUBMISSION OF BIDS
1) Bidder should log into the website well in advance for bid submission so that they can upload
the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any
Page 11 of 13
delay due to other issues.
2) The Bidder has to digitally sign and upload the required bid documents one by one as
indicated in the bidding document. The Digital signature (DSC) used for uploading of the bid
submission should be in the name of the person to whom the power of attorney (POA) have
been issued.
3) Bidder has to select the payment option as “offline” to pay the tender fee/ cost to bidding
document/ Bid Security as applicable and enter details of the instrument.
4) Bidder should prepare the Bid Security as per the instructions specified in the tender
document. The original should be posted/couriered/given in person to the concerned official,
latest by the last date of bid submission or as specified in the tender documents. The details of
the DD/any other accepted instrument, physically sent, should tally with the details available
in the scanned copy and the data entered during bid submission time. Otherwise the uploaded
bid will be rejected.
5) Bidders are requested to note that they should necessarily submit their Price Bids in the
format provided and no other format is acceptable. If the Price bid has been given as a standard
BOQ/Price Schedule format with the bidding document, then the same is to be downloaded
and to be filled by each Bidder. Bidders are required to download the BOQ/Price Schedule file,
open it and complete the coloured (unprotected) cells with their respective financial quotes and
other details (such as name of the Bidder). No other cells should be changed. Once the details
have been completed, the Bidder should save it and submit it online, without changing the
filename. If the BOQ/Price Schedule file is found to be modified by the Bidder, the bid shall
be rejected.
6) The server time (which is displayed on the bidders’ dashboard) will be considered as the
standard time for referencing the deadlines for submission of the bids by the bidders, opening
of bids etc. The bidders should follow this time during bid submission.
7) All the documents being submitted by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized
persons until the time of bid opening. The confidentiality of the bids is maintained using the
secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields
is done. Any bid document that is uploaded to the server is subjected to symmetric encryption
using a system generated symmetric key. Further this key is subjected to asymmetric
encryption using buyers/bid openers public keys.
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8) The uploaded bid documents become readable only after the bid opening by the authorized
bid openers.
9) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid
Submission” in the portal), the portal will give a successful bid submission message & a bid
summary will be displayed with the bid no. and the date & time of submission of the bid with
all other relevant details.
10) The bid summary has to be printed and kept as an acknowledgement of the submission of
the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.
ASSISTANCE TO BIDDERS
1) Any queries relating to the bidding document and the terms and conditions contained therein
should be submitted online on the CPP portal and addressed to the Bid Inviting Authority for
a tender or the relevant contact person indicated in the bidding documents.
2) Any queries relating to the process of online bid submission or queries relating to CPP Portal
in general may be directed to the 24x7 CPP Portal Helpdesk.
3) For any Technical queries related to Operation of the Central Public Procurement Portal
Contact at:
Tel: The 24 x 7 Help Desk Number 0120-4200 462, 0120-4001 002/5, 0120-6277 787.
Mobile: 87008 97687
E-Mail: support-eproc@nic.in
International bidders are requested to prefix +91 as country code.
Page 13 of 13
Project for Construction of Mumbai-Ahmedabad High Speed Rail Bidding Documents - Part 1
Package No. MAHSR-C-8 Section I, II, III, IV and V
BIDDING DOCUMENTS
FOR
Design and Construction of Civil and Building Works for the Depot on
Design Build Lump Sum Price Basis for Double Line High Speed
Railway involving works for Site Formation, Abutment, Retaining
Walls, Roadbed for track, Box Culvert, Roads, Cable Duct, Foundations
of OHE Masts, Piping, Drainage, Water Supply, Water Harvesting, Fire
Fighting, Landscaping, Boundary Wall, General Inspection Train Shed,
Maintenance Depot and other Associated works At Sabarmati between
MAHSR Km. 507.599 and MAHSR Km. 509.726 in the State of Gujarat
for the


PART 2 – EMPLOYER’S REQUIREMENTS AND REFERENCE

INFORMATION/REPORTS

Package No. MAHSR-C-8 Section I, II, III, IV and V
BIDDING DOCUMENTS
Table of Contents

Page 2 of 2
Package No. MAHSR-C-8 Section I. Instructions to Bidders
The Instructions to Bidders governing this bidding process are the “Instructions to Bidders
included in Option A, Single-Stage Two-Envelope Bidding, Section I,” of the Standard
Bidding Documents under Japanese ODA Loans, Procurement of Electrical and Mechanical
Plant, and For Building and Engineering Works, Designed by the Contractor (Trial Version)
published by JICA in July 2015. Those Instructions to Bidders are available on the JICA’s web
site shown below.
https://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/t
ender/index.html
A copy of the Instructions to Bidders is not attached to these Bidding Documents.
Page 1 of 39
Package No. MAHSR-C-8 Section II. Bid Data Sheet

A. General
ITB 1 Replace the title of the clause as “Scope of Bid and Instructions for Online Bid
Submission”
ITB 1.1 The number of the Invitation for Bids is: Package No. MAHSR-C-8
ITB 1.1 The Employer is: National High Speed Rail Corporation Limited (NHSRCL)
ITB 1.1 The name, identification and number of the lot(s) (contract(s)) comprising this
ICB are:
The Name of the Contract is: “Design and Construction of Civil and Building
Works for the Depot on Design Build Lump Sum Price Basis for Double Line
High Speed Railway involving works for Site Formation, Abutment, Retaining
Walls, Roadbed for track, Box Culvert, Roads, Cable Duct, Foundations of OHE
Masts, Piping, Drainage, Water Supply, Water Harvesting, Fire Fighting, Land-
scaping, Boundary Wall, General Inspection Train Shed, Maintenance Depot and
MAHSR Km. 509.726 in the State of Gujarat for the Project for Construction of
Mumbai-Ahmedabad High Speed Rail”.
The identification Number of the Contract is: Package No. MAHSR- C-8.
The number of the lot(s) is: One.
ITB 1.2 Add new paragraph after last paragraph of ITB 1.2 with the following:
(d) “Joint Venture” shall be replaced with “Joint Venture or Consortium”.
(e) “JV” shall be replaced with “JV/Consortium”.
(f) Financial Bid and Price Bid are synonymous where ever mentioned in the
Bidding Documents
Page 2 of 39
ITB 1.3 Add new sub-clause ITB 1.3
1.3 Instructions for Online Bid Submission:
The Bidders are required to submit soft copies of their bids electronically on the
e-procurement portal of NIC (CPP Portal) https://etenders.gov.in/eprocure/app,
using valid Digital Signature Certificates. The instructions given below are meant
to assist the bidders in registering on the CPP Portal, prepare their bids in
accordance with the requirements and submitting their bids online on the CPP
Portal.
More information useful for submitting online bids on the Portal may be obtained
on the same portal of NIC i.e. https://etenders.gov.in/eprocure/app.
REGISTRATION
1) Bidders are required to enroll on the above mentioned e-Procurement portal
by clicking on the link “Online bidder Enrollment” on the Portal which is free
of charge.
2) As part of the enrolment process, the bidders will be required to choose a
unique username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers
as part of the registration process. These would be used for any communication
from the e-procurement Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital
Signature Certificate (Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.),
with their profile. For foreign bidders, the Digital Signature Certificate (DSC) is
issued by eMudhra (https://www.e-mudhra.com/foreign-dsc.html).
5) Only one valid DSC should be registered by a Bidder. Please note that the
bidders are responsible to ensure that they do not lend their DSC’s to others which
may lead to misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user
ID / password and the password of the DSC / e-Token.
SEARCHING FOR BID DOCUMENTS

1) There are various search options built in the e-Procurement Portal, to facilitate
bidders to search active bids by several parameters. These parameters could
include Bid ID, Organization Name, Location, Date, Value, etc. There is also an
option of advanced search for bids, wherein the bidders may combine a number
of search parameters such as Organization Name, Form of Contract, Location,
Date, Other keywords etc. to search for a bid published on the e-procurement
Portal.
2) Once the bidders have selected the tenders they are interested in, they may
download the bidding documents after paying the cost of bidding document.
These bids can be moved to the respective ‘My Tenders’ folder. This would
enable the e-procurement Portal to intimate the bidders through SMS / e-mail in
case there is any corrigendum issued to the bidding document.
Page 3 of 39
3) The bidder should make a note of the unique Bid ID assigned to each tender,
in case they want to obtain any clarification / help from the Helpdesk.
PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the bidding
document before submitting their bids.
2) Please go through the tender advertisement and the bidding document carefully
to understand the documents required to be submitted as part of the bid. Please
note the number of covers in which the bid documents have to be submitted, the
number of documents – including the names and content of each of the document
that need to be submitted. Any deviations from these may lead to rejection of the
bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as
indicated in the bidding document / schedule and generally, they can be in PDF /
XLS / RAR / DWF/JPG formats. Bid documents may be scanned with 100 dpi
with black and white option which helps in reducing size of the scanned
document.
4) To avoid the time and effort required in uploading the same set of standard
documents which are required to be submitted as a part of every bid, a provision
of uploading such standard documents (e.g. PAN card copy, GST certificate
copy, annual reports, auditor certificates etc.) has been provided to the bidders.
Bidders can use “My Space” or ‘’Other Important Documents’’ area available to
them to upload such documents. These documents may be directly submitted
from the “My Space” area while submitting a bid, and need not be uploaded again
and again. This will lead to a reduction in the time required for bid submission
process.
SUBMISSION OF BIDS
1) Bidder should log into the website well in advance for bid submission so that
they can upload the bid in time i.e. on or before the bid submission time. Bidder
will be responsible for any delay due to other issues.
2) The Bidder has to digitally sign and upload the required bid documents one by
one as indicated in the bidding document. The Digital signature (DSC) used for
uploading of the bid submission should be in the name of the person to whom the
power of attorney (POA) have been issued.
3) Bidder has to select the payment option as “offline” to pay the tender fee/ cost
to bidding document/ Bid Security as applicable and enter details of the
instrument.
4) Bidder should prepare the Bid Security as per the instructions specified in the
tender document. The original should be posted/couriered/given in person to the
concerned official, latest by the last date of bid submission or as specified in the
tender documents. The details of the DD/any other accepted instrument,
physically sent, should tally with the details available in the scanned copy and
the data entered during bid submission time. Otherwise the uploaded bid will be
rejected.
5) Bidders are requested to note that they should necessarily submit their Price
Bids in the format provided and no other format is acceptable. If the Price bid has
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been given as a standard BOQ/Price Schedule format with the bidding document,
then the same is to be downloaded and to be filled by each Bidder. Bidders are
required to download the BOQ/Price Schedule file, open it and complete the
coloured (unprotected) cells with their respective financial quotes and other
details (such as name of the Bidder). No other cells should be changed. Once the
details have been completed, the Bidder should save it and submit it online,
without changing the filename. If the BOQ/Price Schedule file is found to be
modified by the Bidder, the bid shall be rejected.
6) The server time (which is displayed on the bidders’ dashboard) will be
considered as the standard time for referencing the deadlines for submission of
the bids by the bidders, opening of bids etc. The bidders should follow this time
during bid submission.
7) All the documents being submitted by the bidders would be encrypted using
PKI encryption techniques to ensure the secrecy of the data. The data entered
cannot be viewed by unauthorized persons until the time of bid opening. The
confidentiality of the bids is maintained using the secured Socket Layer 128 bit
encryption technology. Data storage encryption of sensitive fields is done. Any
bid document that is uploaded to the server is subjected to symmetric encryption
using a system generated symmetric key. Further this key is subjected to
asymmetric encryption using buyers/bid openers public keys.
8) The uploaded bid documents become readable only after the bid opening by
the authorized bid openers.
9) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze
Bid Submission” in the portal), the portal will give a successful bid submission
message & a bid summary will be displayed with the bid no. and the date & time
of submission of the bid with all other relevant details.
10) The bid summary has to be printed and kept as an acknowledgement of the
submission of the bid. This acknowledgement may be used as an entry pass for
any bid opening meetings.
ASSISTANCE TO BIDDERS
1) Any queries relating to the bidding document and the terms and conditions
contained therein should be submitted online on the CPP portal and addressed to
the Bid Inviting Authority for a tender or the relevant contact person indicated in
the bidding documents.
2) Any queries relating to the process of online bid submission or queries relating
to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk.
3) For any Technical queries related to Operation of the Central Public
Procurement Portal Contact at:
Tel: The 24 x 7 Help Desk Number 0120-4200 462, 0120-4001 002/5, 0120-6277 787.
E-Mail: support-eproc@nic.in
International bidders are requested to prefix +91 as country code.
ITB 2.1 The Borrower is: The President of India.
Page 5 of 39
ITB 2.1 The number of the Loan Agreements are: ID-P277 and ID-P279
The amount of the Japanese ODA Loan: JPY89,547,000,000 and
JPY150,000,000,000.
The signed dates of the Loan Agreements are: 28 September 2018 and 29 October
2018.
ITB 2.1 The name of the Project is: Project for Construction of Mumbai-Ahmedabad High
Speed Rail.
ITB 2.2 The applicable Guidelines for Procurement under Japanese ODA Loans are those
published in April 2012.
ITB 3.1(c) A list of debarred firms and individuals is available at the World Bank’s
website: www.worldbank.org/debarr.
ITB 3.2 Replace the words "of the General Conditions” with “of the General Conditions
and the Particular Conditions”.
Page 6 of 39
ITB 4.1 Replace ITB 4.1 with the following paragraphs:

A Bidder may be a firm that is a single entity or any combination of such entities
in the form of a JV/Consortium under an existing agreement or with the intent to
enter into such an agreement supported by a Letter of Intent along with draft
agreement.
In the case of the combination, all members of the JV/Consortium shall be jointly
and severally liable for the execution of the Contract in accordance with the
Contract terms.
The JV/Consortium, shall nominate one Member entity as “Lead Member” who
will represent all the members in discharging their obligations. Accordingly, the
JV/Consortium shall nominate one person as “Representative” from the Lead
Member who shall have the authority to conduct all business for and on behalf of
any and all members of the JV/Consortium during the Bidding process and, in
the event that the JV/Consortium is awarded the Contract, during the Contract
execution.
In case of a JV/Consortium, the number of members, including the Lead Member,

shall be restricted to four (4).
The share of the Lead Member in JV/Consortium shall be more than 40% of the
Contract Amount and that of the other members shall be at least 15% each of the
Contract Amount.
ITB 4.5 This Bidding is not subject to prequalification.
ITB 6.3 Replace ITB 6.3 with the following:
6.3 Unless obtained directly from the e-procurement portal
https://etenders.gov.in/eprocure/app, the Employer is not responsible for the
completeness of the Bidding Documents, responses to requests for clarification, the
minutes of the pre-bid meeting (if any), or Addenda to the Bidding Documents in
accordance with ITB 8. In case of any contradiction, documents obtained directly
from the e-procurement portal https://etenders.gov.in/eprocure/app shall prevail.
B. Bidding Documents
ITB 7.1 Replace ITB 7.1 with the following paragraphs:

A Bidder requiring any clarification of the Bidding Documents shall seek
Page 7 of 39
clarification by uploading the same on e-procurement portal

https://etenders.gov.in/eprocure/app or raise his enquiries during the pre-bid
meeting if provided for in accordance with ITB 7.4. The response of the
Employer, together with all details on which clarification had been sought, will
be uploaded on the e-procurement portal https://etenders.gov.in/eprocure/app
without disclosing the identity of the Bidder seeking clarification, no later than
twenty-eight (28) days prior to the deadline for submission of Bids, provided that
such request is received no later than forty-nine (49) days prior to the deadline.
Should the clarification result in changes to the essential elements of the Bidding
Documents, the Employer shall amend the Bidding Documents following the
procedure under ITB 8 and ITB 24.2.
ITB 7.3 The Bidders shall provide the undertaking in accordance with Form – Indemnity
for Site Visit, before Site visit.
ITB 7.4 A Pre-Bid Meeting will take place through Video Conference (VC) at the
following date, time:
Date : 23.11.2020
Time : 11:00 Hrs.
The Bidders who wish to join the VC shall be required to send a request email
(along with necessary details such as name and address of the bidder, name,
designation & email id of the person(s) who shall attend the meeting), to email
id: c8packagetender@nhsrcl.in, atleast 2 working days in advance of the date of
pre-bid meeting. Employer shall send the link for VC. Employer reserves the
right to restrict the number of links per Bidder based on the total requests
received. Employer reserves the right to reject any request received after the
deadline of such requests stated above.
Site visit will be conducted by the Employer at 10:00 AM, from CPM
Ahmedabad office on date 26.11.2020
The Bidder is requested to submit any questions in writing and upload it on the
e-procurement portal not later than one (1) week before the meeting.
Minutes of the pre-bid meeting, if applicable, including the text of the questions
raised, (including questions raised during the meeting) without identifying the
source, and the responses given, together with any responses prepared after the
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meeting will be uploaded on e-procurement portal,

https://etenders.gov.in/eprocure/app. Any modification to the Bidding Document
that may in the sole discretion of the Employer become necessary as a result of
the pre-bid meeting shall be made by the Employer exclusively through the use
of an Addendum pursuant to ITB 8 and not through the minutes of the pre-bid
meeting. Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
ITB 8.2 Any Addendum issued shall be part of Bidding Documents and shall be published
on e-procurement portal https://etenders.gov.in/eprocure/app, in accordance
with ITB 7.1.
C. Preparation of Bids
ITB 10.1 The language of the Bid is English.
The Bid shall comprise two parts submitted simultaneously, one called the
Technical Bid containing the documents listed in ITB 11.2 and the other the Price
Bid containing the documents listed in ITB 11.3.
ITB 11.2 (b) Replace ITB 11.2 (b) with the following:
The originals of Bid Security document in accordance with ITB 21 shall be

submitted by the Bidder at the Employer’s address indicated in ITB 24.1 before
the date and time specified in the e-procurement portal as a prerequisite for
opening of the Bid.
Bidders shall upload a scanned copy of the Bid Security online on the e-
procurement portal https://etenders.gov.in/eprocure/app along with Bid
submission.
ITB 11.2 (g) The Bidder is not required to submit any documentary evidence along with the
Bidding Documents in regard to ITB 15 and ITB 16 for Forms CON, FIN-1, FIN-
2, FIN-3, FIR-1, FIR-2, Annexure to Form FIR-2 and ACK. All information
furnished in these Forms shall be certified by a Chartered Accountant/Company
Auditor/Statutory Auditor except for FORM CON in which certification by a
Chartered Accountant/Company Auditor/Statutory Auditor is not required. The
Bidder shall submit the documentary evidence for the information as mentioned
in the Forms ELI-1, ELI-2, EXP-1, and EXP-2(a). However, the Employer
Page 9 of 39
reserves the right to demand any relevant supporting documents as required.

ITB 11.2 (i) Not Applicable.
ITB 11.2 (l) The Bidder shall submit with its Technical Bid the following additional
documents:
(i) Duly signed and stamped copy of “Section V. Eligible Source Countries of
Japanese ODA Loans” of the Bidding Documents.
(ii) The duly filled Checklist of Submission of Documents for Technical Bid.
ITB 11.3 Insert the words “in Excel format” after Price Bid in first line.
ITB 11.3 (d) The Bidder shall submit with its Price Bid the following additional documents:
[None].
ITB 13.1 Alternative Bids are not permitted.
ITB 15.2 Not Applicable
ITB 16.1(b) Five (5) years.
ITB 19.1 The currency(ies) of the Bid shall be as described below:
The unit rates and prices shall be quoted by the Bidder in the Price Schedules
separately in the following currencies:
For those inputs to the Works that the Bidder expects to supply from within the
Employer’s country, in Indian Rupee (INR), the name of the currency of the
Employer’s country (referred to as “the local currency”); and
For those inputs to the Works that the Bidder expects to supply from outside the
Employer’s country (referred to as “the foreign currency”), in Japanese Yen
(JPY), United States Dollar (USD) and/or European Euro (EUR).
ITB 20.1 The Bid validity period shall be one hundred and eighty (180) days.
ITB 20.3 (b) The fixed portion of the Bid Price shall be adjusted by the following factor: Not
Applicable.
ITB 21.1 INR64,000,000 (Indian Rupee Sixty Four Million only) The Bid Security
submitted in multiples in the name of JV/Consortium will also be acceptable.
ITB 21.2 Replace ITB 21.2 with the following: -
The Bid Security shall be a demand guarantee in any of the following forms at
the Bidder’s option:
(a) an unconditional guarantee issued by a bank;
Page 10 of 39
(b) a demand draft, cashier’s or certified cheque in favour of ‘National High

Speed Rail Corporation Limited’ payable at Delhi;
from a reputable source from an eligible source country. In the case of a bank
guarantee, the Bid Security shall be submitted using the Bid Security Form
included in Section IV, Bidding Forms. The form must include the complete
name of the Bidder. The Bid Security shall be valid for twenty-eight (28) days
beyond the original validity period of the Bid, or beyond any period of extension
if requested under ITB 20.2.
The Technical Bid (comprising of documents specified in ITB 11.2) and Price
Bid (comprising of documents specified in ITB 11.3) shall be submitted online
on e-procurement portal https://etenders.gov.in/eprocure/app only in accordance
with the requirements of the Bidding Documents.
ITB 22.2 The written confirmation of authorization to sign on behalf of the Bidder shall
consist of:
a) Organizational Documents, Board Resolution and Power of Attorney
specifying the representative’s authority to sign the Bid on behalf of the
Bidder.
b) Bids submitted by an existing or intended JV/Consortium shall consist of an
undertaking authorized by all member/parties, which takes (i) joint and
several liability and (ii) nominates an authorised representative from the
Lead Member who shall have the authority to conduct all business for and
on behalf of any and all the members of the JV/Consortium during the
Bidding process and, in the event the JV/Consortium is awarded the
contract, during the Contract execution.
D. Submission and Opening of Bids-Online
ITB 23.1 Replace the entire ITB 23.1 to 23.5 with the following:
23.1 Bidders shall upload their bid submission online on e-procurement portal
https://etenders.gov.in/eprocure/app within the stipulated date and time as
mentioned ITB 24.1. The Bidder shall ensure that they retain a copy of the
receipt/acknowledgement of their Bid submission which is generated by
the system upon successful submission of Bid online.
23.2 The scanned copy of Bid Security as Bank Guarantee/ Demand Draft/
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cashier’s or certified cheque has to be uploaded along with the submission

of Bid. The originals of Bid Security (“Original Bid Security”) shall be
submitted physically before the deadline for submission of Bids. It shall be
the responsibility of the Bidder to ensure that the envelope containing ‘Bid
Security’ is submitted to designated authority before the time and date as
mentioned in ITB 24.1.
23.3 The Bidder shall seal the “Original Bid Security” in an envelope. The
envelope shall:
a. bear the name and address of the Bidder;
b. addressed to the Authority mentioned in ITB 24.1
c. bear the specific identification of this bidding process as indicated in
Clause 1.1 of this Section: BDS.
d. be marked as “Original Bid Security”
23.4 Original Bid Security in physical form submitted after deadline for
submission of Bid shall not be accepted and online bids of such Bidders
shall be rejected. The Employer shall not be responsible for delay, loss or
non-receipt of ‘Original Bid Security’ sent by post / courier.
23.5 The Employer shall not be responsible for “Original Bid Security”
delivered to any other place / person within the organization of the
Employer other than the designated authority.
23.6 Bids sent through any other means of transmission except as mentioned
above shall be treated as invalid and shall stand rejected.
23.7 No details about price proposal shall be submitted / disclosed directly or
indirectly in the technical proposal failing which the Employer has the right to
reject the Bid.
The Bid submission is through the e-Procurement portal
https://etenders.gov.in/eprocure/app as specified in ITB 23.1 and Bid Security in
original to be submitted physically as specified in ITB 23.2.
The Bidder shall submit its Bid before the deadline for submission of Bids as
specified herein.
Bid Submission Online: From 12.02.2021 (09:00 Hrs.) upto 18.02.2021 (15:00
Hrs).
Page 12 of 39
For submitting Bid Security in original as specified in ITB 23.2, the Employer’s
address is:
Attention : General Manager (Contract), National High Speed
Rail Corporation Limited
Street Address : Asia Bhawan, Road No.205, Sector-9, Dwarka
New Delhi, India
Floor/Room number : 2nd Floor/Room number: 201
City : New Delhi
Zip Code : 110077
Country : India
The deadline for online Bid submission on e-procurement portal (ITB 23.1) and
physical submission of Original Bid Security (ITB 23.2) is:
Date : 18.02.2021
Time : 15:00 Hrs.
Submission of Bids shall be closed on e-procurement portal at the date & time of
submission as prescribed in ITB 24.1 after which no bid can be uploaded. The
Employer shall not consider any bids after the deadline of bid submission.
The Employer shall not consider any Bid for which Original Bid Security arrives
after the deadline in accordance with ITB 24. Any Bid Security received by the
Employer after the deadline for submission of Bids shall not be considered and
returned unopened to the Bidder.

26.1 The Bidder may modify, substitute or withdraw its Bid after submission
prior to the Bid Submission Deadline. No Bid shall be modified, substituted or
withdrawn by the Bidder on or after the Bid Submission Deadline and Time. For
modification of Bid, Bidder has to detach its old Bid from e-procurement portal
(https://etenders.gov.in/eprocure/app) and upload/ resubmit digitally signed
modified Bid. For withdrawal of Bid, Bidder has to click on withdrawal icon at
e-procurement portal and can withdraw its Bid. Before withdrawal of a Bid, it
may specifically be noted that after withdrawal of a Bid for any reason, Bidder
cannot re-submit Bid again.
Page 13 of 39
ITB 26.2 Replace the ITB 26.2 with the following:

Any documents submitted by the Bidder who withdraw the Bid in accordance with
ITB 26.1 shall not be opened.
ITB 27 Replace ITB 27 with the following:
27.1 The Employer shall conduct the electronic opening of Technical Bids on
e- procurement portal as per the schedule date and time specified herein.
The opening of the Technical Bids and subsequent details can be viewed
by the Bidders by logging on the e- procurement portal.
The opening of the Technical Bid shall take place at:
Date : 19.02.2021
Time : 15:30 hrs
27.2 The Price Bid submitted online on e- procurement portal will remain
unopened in the e- procurement portal until the date and time of opening
of Price Bid. The date and time of the opening of the Price Bid will be
notified to all the Bidders on e- procurement portal whose Technical Bid
is found to be substantially responsive and qualified in technical
evaluation.
27.3 Envelopes holding the “Original Bid Security” shall be opened physically
on date and time of opening of Technical Bid one at a time, and the
following recorded:
(a) the name of the Bidder;
(b) the presence of a Bid Security; and
(c) any other details as the Employer may consider appropriate.
The bid(s) which are not accompanied by “Original Bid Security” in
physical form shall not be opened and shall be rejected.
27.4 The Employer shall prepare a record of the opening of Technical bids that
shall include, as a minimum: the name of the Bidder and the presence or
absence of a “Original Bid Security”.
27.5 At the end of evaluation of the Technical Bids, the Employer shall
conduct the electronic opening of Price Bids of the Bidders who have
submitted substantially responsive Technical Bids and are qualified on
the basis of evaluation of the Technical Bids in accordance with the
minimum eligibility criteria set out in the Bidding Documents. The date
Page 14 of 39
and time of the opening of Price Bids will be published after the technical
evaluation on e-procurement portal.
27.6 The Employer will also publish on the e-procurement portal, the names
of Bidders whose bid have not been found substantially responsive to the
requirements of the Bidding Document as a result of evaluation of
Technical Bid. The e-procurement portal will not open the Price Bids of
the technically non-responsive Bidders.
27.7 The Employer shall conduct the electronic opening of Price Bids on e-
procurement portal. The opening of the Price Bids and subsequent details
can be viewed by the Bidders by logging on the e-procurement portal.
E. Evaluation, and Comparison of Bids
To assist in the examination, evaluation and comparison of the Technical and

Price Bids, and qualification of the Bidders, the Employer may, at its discretion,
ask any Bidder for a clarification of its Bid, giving a reasonable time for a
response. Any clarification submitted by a Bidder that is not in response to a
request by the Employer shall not be considered. The Employer’s request for
clarification and Bidder’s response shall be communicated in writing to the
Employer’s/ Bidder’s address and also through email. No change in the substance
of the Technical Bid or prices in the Price Bid, including any voluntary increase
or decrease in the prices, shall be sought, offered, or permitted, except to confirm
the correction of arithmetic errors discovered by the Employer in the evaluation
of the Bids, in accordance with ITB 36.
The Bidder shall respond to the queries in writing to the Employer’s/ Bidder’s
address and also through email. If a Bidder does not provide clarifications of its
bid by the date and time set in the Employer’s request for clarification, their bid
shall be evaluated as per the available information in the submitted Bid.
ITB 37.1 The currency that shall be used for Bid evaluation and comparison purposes to
convert all Bid Prices expressed in various currencies into a single currency is to
be Indian Rupees (INR).
The exchange rate shall be the reference rate of the Reserve Bank of India (RBI).
Page 15 of 39
The date for the exchange rate shall be twenty-eight (28) days prior to the
deadline for submission of Bids.

The Employer reserves the right to accept or reject any Bid, and to annul the
bidding process and reject all Bids at any time prior to Contract award, without
thereby incurring any liability to Bidders. In case of annulment, all Bid Securities
shall be promptly returned to the Bidders.
Prior to the expiration of the period of Bid validity, the Employer shall notify the
successful Bidder, in writing, through e-procurement portal, that its Bid has been
accepted. The notification letter (hereinafter and in the Conditions of Contract
and Contract Forms called the “Letter of Acceptance”) shall specify the sum that
the Employer will pay the Contractor in consideration of the execution and
completion of the Works (hereinafter and in the Conditions of Contract and
Contract Forms called “the Accepted Contract Amount”). The Letter of
Acceptance shall be published on the e-procurement portal. The successful
Bidder can also download the same.
ITB 42.2 Replace ITB 42.2 with the following;
Result of the Technical and Price Bid evaluation and award of contract shall be
uploaded on the e-procurement portal.
ITB 43.3 Add the following new Sub-clause ITB 43.3 after ITB 43.2:
(New) If the JV/Consortium submitted a ‘Letter of Intent’ along with draft agreement
according to the BDS ITB 22.2 (b) and 11.2 (e), they shall submit a
JV/Consortium Agreement at the time of the signing of the Contract Agreement.
ITB 45 Add ITB 45
Jurisdiction Courts in Delhi alone shall have the jurisdiction to entertain any application or
of Courts other proceedings in accordance with Laws in India, in respect of anything arising
under this bid.
Page 16 of 39
Package No. MAHSR-C-8 Section III. Evaluation and Qualification Criteria
Table of contents
A. General Provisions .................................................................................................18

A.1 Evaluation Sequence ................................................................................................18
A.2 Clarification of Bids .................................................................................................18
A.3 Employer’s Rights....................................................................................................18
A.4 Bid Forms .................................................................................................................18
1. Stage 1: Evaluation of Administrative Requirements ........................................19
1.1. General .....................................................................................................................19
1.2. Result of Evaluation .................................................................................................19
2. Stage 2: Evaluation of Compliance and Responsiveness ....................................20
2.1. General .....................................................................................................................20
3. Stage 3: Evaluation of Compliance with the Qualification Requirements .......21
3.1. General .....................................................................................................................21
3.2. Check Items..............................................................................................................21
4. Stage 4: Technical Evaluation...............................................................................35
4.1. Procedure for Technical Evaluation .........................................................................35
4.2. Evaluation of Technical Proposal ............................................................................35
5. Stage 5: Financial Evaluation ...............................................................................38
5.1. General .....................................................................................................................38
5.2. Part 1 - Evaluation of Compliance and Responsiveness ..........................................38
5.3. Part 2 – Detailed Financial Evaluation ....................................................................38
Page 17 of 39
A. General Provisions
A.1 Evaluation Sequence
a) Bids will be evaluated through the following five stages:
i) Stage 1 : Evaluation of Administrative Requirements
ii) Stage 2 : Evaluation of Compliance and Responsiveness
iii) Stage 3 : Evaluation of Compliance with the Qualification
Requirements
iv) Stage 4 : Technical Evaluation
v) Stage 5 : Financial Evaluation
A.2 Clarification of Bids
a) The Employer may request clarification of any Bid in accordance with the
provisions of the Bid Documents (Part 1, Section-I: Instructions to Bidders, Clause
29).
b) If clarification is required, the Employer will send written (courier/ e-mail with
PDF attachments) requests to the Authorised Representative for clarification,
specifying the deadline for receipt of reply.
c) Replies to the above requests shall be sent by the Bidder through courier/email
with PDF attachments and the same shall be solely to clarify and/or elaborate the
items already included in the submitted Bids for the purpose of evaluation.
A.3 Employer’s Rights
Further to the provisions of Instructions to Bidders, Clause 30 and 32, the Employer
reserves the right in accordance with the provision of the Bidding Documents (Part 1,
Section-I: Instructions to Bidders, Clause 33 and 34).
A.4 Bid Forms
a) Bidders should note that the information required to be inserted into the Bid Forms
shall be comprehensive and detailed. The technical information shall be furnished
in line with the requirements of Part 1, Part 2 and Part 3 of the Bidding Documents.
b) All Forms contained in the Bid Documents must be fully and properly completed
and all the forms must be returned, as they will be reviewed exactly as submitted
and errors or omissions may count against the Bidder.
c) Any Bidder who is found to have intentionally submitted false or inaccurate
statements/information shall be disqualified from the Bid process.
Page 18 of 39
1. Stage 1: Evaluation of Administrative Requirements

1.1. General
a) The Stage 1 Evaluation will consist of checking the Bids to confirm whether they
are substantially responsive to the administrative requirements of the Bidding
Documents.
b) The following administrative items will be checked:
i) Whether the Technical Bid is in accordance with ITB 11.2.
Bid security submitted [Ref. ITB 21.1];
ii) Whether the power of attorney for the Bid signatory is in the correct form
[Ref. ITB 22.2 and ITB 22.3];
iii) Whether all Bid Forms have been signed by the Authorised Representative
[Ref. ITB 22.2 and ITB 22.3];
iv) Whether all data to be entered by the Bidder has been provided [Ref. ITB
12.1];
v) Whether any alterations are initialled by Authorised Representative [Ref.
ITB 22.4];
vi) The duly filled Checklist of Submission of Documents for Technical Bid.
1.2. Result of Evaluation

All Bids that have passed this stage of the evaluation will proceed to the next stage.
Page 19 of 39
2. Stage 2: Evaluation of Compliance and Responsiveness
2.1. General
a) The Stage 2 Evaluation will consist of checking the Bids to confirm whether they
are substantially responsive to the requirements of the Bidding Documents.
b) This stage of the evaluation shall be on a “Pass” or “Fail” basis. Each of the items
listed below will be checked and if any item is evaluated to “Fail” then the entire
Bid will be failed under this stage of the evaluation.
c) The following items will be checked:
i) The Bidder’s responsiveness shall be checked as per ITB 33;
ii) Whether only One Bid Per Bidder has been submitted as per ITB 4.2(c);
iii) Whether all Bid Forms have not been altered and are correctly filled in
and signed as per ITB 12.1; and
iv) Whether all relevant Addenda have been complied with.
Page 20 of 39
3. Stage 3: Evaluation of Compliance with the Qualification Requirements

3.1. General
a) Bids that have passed the Stage 1 and Stage 2 Evaluations will be reviewed to
ascertain whether the Bid continues to comply with all of the minimum
requirements as stipulated in Sub-Clause 3.2 of Section III of the Bidding
Documents.
b) Evaluation of each item will be made on a Pass or Fail Basis.
c) If, following this Stage 3 review, a Bidder has failed to comply with any item,
the Bid will fail the evaluation at this stage.
3.2. Check Items

The following requirements of the Instructions to Bidders, Clause 4, 11 & 15 will be
checked to ensure compliance to the requirements of criteria given below:
a) Eligibility:
i) Nationality: Form ELI-1 and ELI-2
ii) Conflict of Interest: Letter of Technical Bid
iii) JICA Ineligibility: Letter of Technical Bid and Form ACK
b) Contract Non-Performance and Litigation:
i) History of Non-Performing Contracts: Form CON
ii) Pending Litigation: Form CON
iii) Litigation History: Form CON
c) Financial Situation:
i) Financial Performance: Form FIN-1
ii) Average Annual Construction Turnover: Form FIN-2
iii) Bankruptcy/ Insolvency and Debt Restructuring: Form FIN-3
d) Experience
i) General Construction Experience: Form EXP-1
ii) Specific Construction Experience: Form EXP-2(a)
iii) Construction Experience in Key Activities: Form EXP-2(b)
e) Financial Resources
i) Financial Resources: Form FIR-1
ii) Current Contract Commitments: Form FIR-2
Page 21 of 39
Criteria
Notes: Exchange Rate for Qualification Criteria
Wherever a Form in Section IV, Bidding Forms, requires a Bidder to state a monetary
amount, Bidders shall indicate the INR equivalent as indicated in the respective form
using the rate of exchange determined as follows:
i) For construction turnover or financial data required for each year - Exchange rate
prevailing on the last day of the respective year.
ii) Value of single contract - Exchange rate prevailing on the date of the Contract
Award.
Exchange rates shall be taken from reference rate of the Reserve Bank of India (RBI).
Any error in determining the exchange rates may be corrected by the Employer.
In the case where a Bidder is required to convert a monetary amount from a currency
other than for which the RBI reference rate is published, the INR equivalent shall be
worked out using the rate of exchange as published by the central bank of the country
issuing the said currency.
Page 22 of 39
Eligibility and Qualification Criteria Compliance Requirements Documentation
JV/Consortium (existing or intended) Submission

Factor/
No. Requirement Single Entity All Parties Each One Requirements
Sub-Factor
Combined Member Member
3.2(a) Eligibility
Nationality Nationality in accordance with Must meet N/A Must meet N/A Forms ELI-1
3.2(a)
(i) ITB 4.3 requirement requirement and ELI-2
Conflict of No conflicts of interest as Must meet N/A Must meet N/A Letter of Technical
3.2(a)
Interest described in ITB 4.2 requirement requirement Bid
(ii)
JICA Not having been declared Must meet N/A Must meet N/A Letter of Technical
3.2(a)
Ineligibility ineligible by JICA, as described requirement requirement Bid
(iii)
in ITB 4.4 Form ACK
3.2(b) Contract Non-Performance and Litigation
Contract Non-Performance
History of Non-performance of a contract(i) Must meet N/A Must meet N/A Form CON
3.2(b)
Non- did not occur as a result of requirement (ii) requirement (ii)
(i)
Performing Contractor’s default since 1st
Contracts January 2019.
Page 23 of 39
JV/Consortium (existing or intended) Submission

Factor/
No. Requirement Single Entity All Parties Each One Requirements
Sub-Factor
Litigation
Pending All pending litigation against the Must meet N/A Must meet N/A Form CON
3.2(b)
(ii) Litigation Bidder shall in total not requirement(ii) requirement(ii)
represent more than hundred
percent (100%) of the Bidder’s
net worth and shall be treated as
resolved against the Bidder.
Litigation No consistent history of Must meet N/A Must meet N/A Form CON
3.2(b)
History court/arbitral award decisions requirement(ii) requirement(ii)
(iii)
against the Bidder (iii) since 1st
January 2016 up to 28 days prior
to the Bid Submission deadline.
Page 24 of 39
Notes for the Bidder

(i) Non-performance, which is basically termination of the Contract as decided by the Employer, shall include all Contracts:
(a) where non-performance was not challenged by the Contractor, including through referral to the dispute resolution mechanism under the
respective Contract or by written representation/appeal to the Employer, and
(b) that were so challenged but fully settled against the Contractor.
Non-performance shall not include Contracts where the Employer’s decision was overruled by the dispute resolution mechanism. Non-
performance must be based on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance
with the dispute resolution mechanism under the respective Contract and where all appeal instances available to the Bidder have been
exhausted.
(ii) This requirement also applies to Contracts executed by the Bidder as a JV/Consortium member.
(iii) The Bidder shall provide accurate information on the related Bidding Form about any litigation or arbitration resulting from Contracts
completed or ongoing under its execution since 1st January 2016 up to 28days prior to the Bid Submission deadline. A consistent history of
awards against the Bidder or any member of a joint venture may result in rejection of the Bid.
Page 25 of 39
JV/Consortium (existing or intended)

Factor/ Single Submission
No. Requirement All Parties Each One
Sub-Factor Entity Requirements
3.2(c) Financial Situation
3.2(c) Financial Details in Form FIN-1 shall be Must meet N/A Must meet N/A Form FIN –1
(i) Performance provided in reference to the audited requirement requirement
balance sheets or, if not required by
the laws of the Bidder’s country,
other financial statements for the last
three (3) years and must demonstrate
the current soundness of the Bidder’s
financial position and indicate its
prospective long-term profitability.
As the minimum requirement, a
Bidder’s net worth is calculated as
the difference between total assets
and total liabilities and should be
positive in the last year and for at
least two (2) years during the last
three (3) years.
Page 26 of 39

3.2(c) Average Minimum average annual Must meet Must meet Must meet Must meet Form FIN – 2
(ii) Annual construction turnover of INR310 requirement requirement twenty five fifty percent
Construction Crores (INR 3,100 Million) percent (50%)
Turnover calculated as total certified payments (25%) of the
received for contracts in progress of the requirement
and/ or completed within the last requirement
three (3) years and divided by three
(3).
3.2(c) Bankruptcy/ The Bidder shall not have suffered Must meet N/A Must meet N/A Form FIN –3
(iii) Insolvency bankruptcy/insolvency during the last requirement requirement
and Debt three (3) years from the date of
Restructuring deadline of submission of this Bid,
and
1. The Bidder shall have neither
obtained debt restructuring in the
immediately preceding three (3) years
from the date of deadline of
Page 27 of 39

submission of this Bid nor have

applied for it (as on the date of
deadline of submission of this Bid)
and shall not be currently in the
process of corporate debt
restructuring,
Or if
2. The Bidder has obtained debt
restructuring in the immediately
preceding three (3) years from the
date of deadline of submission of this
Bid or has applied for it or are
currently in the process of corporate
debt restructuring (as on the date of
deadline of submission of this Bid),
the Bidder shall open a dedicated
“Trust & Retention account” (T & R
Page 28 of 39

account) in consultation with the

Employer. Contractor shall submit a
certified list of
vendors/suppliers/sub-
contractors/consultants, associated
and engaged for the execution of the
contract work. Bank will make
payments on instruction of the
Contractors to pre-certified
vendors/suppliers/sub-contractors/
consultants only. The funds will be
paid in the designated currency to
Trust and Retention account only.
The Contractor shall not divert the
funds for the purpose(s) other than
the intended purpose(s).
Page 29 of 39

Factor/ Submission
No. Requirement Single Entity All Parties Each One
Sub-Factor Requirements
3.2(d) Experience
3.2(d) General Experience under construction Must meet N/A Must meet N/A Form EXP – 1
(i) Construction contracts in the role of prime requirement requirement
Experience Contractor (single entity or
JV/Consortium member), or
Subcontractor, or management
contractor (i) since 1st January
2016 up to Bid submission
deadline.
3.2(d) Specific A minimum similar(ii) work that Must meet Must meet N/A N/A Form EXP – 2
(ii) Construction has been satisfactorily and requirement requirement(v) (a)
(iii)
Experience substantially completed as a
prime contractor (single entity
or JV/Consortium member)(v)
between 1st January 2016 and
the Bid submission deadline.
Page 30 of 39

Factor/ Submission
3.2(d) Construction [Not Applicable] [Not [Not [Not [Not [Not Applicable]
(iii) Experience in Applicable] Applicable] Applicable] Applicable]
Key Activities
Page 31 of 39
Notes for the Bidder:
i) A management contractor is a firm that does not normally perform directly construction work associated with the contract. Rather, it manages
the work of other (sub) contractors while bearing full responsibility and risk for price, quality, and timely performance of the work contract.
ii) Similar work would mean a contract/contracts comprising the following activities:
a) Minimum 3,000 cubic meter (total) of reinforced cement concrete in one single contract; and
b) Minimum 500,000 cubic meter (total) of earth works in formation/embankment in railway/ metro rail/ state highway/ national highway/
expressway projects in one single contract.
iii) Substantial completion shall be based on 80% or more payment received under the contract.
iv) [Not Used]
v) For contracts under which the Bidder participated as a JV/Consortium member, only the Bidder’s share shall be counted to meet this
requirement.
vi) [Not Used]
vii) [Not Used]
Page 32 of 39

Factor/ Submission
3.2(e) Financial Resources
3.2(e) Financial (i) The Bidder shall demonstrate Must meet Must meet Must meet Must meet Form FIR – 1
Resources that it has access to, or has requirement requirement twenty-five forty
available, liquid assets, percent percent
unencumbered real assets, lines (25%) (40%)
of credit, and other financial of the of the
means (independent of any requirement requirement
contractual advance payment)
sufficient to meet the
construction cash flow
requirements estimated as
INR55 Cr (INR 550 Million) for
the subject contract(s) net of the
Bidder’s other commitments.
(ii) The Bidder shall also Must meet Must meet N/A N/A Form FIR – 1
demonstrate, to the satisfaction requirement requirement and Form FIR –
Page 33 of 39

Factor/ Submission
of the Employer, that it has 2 and Annexure

adequate sources of finance to to Form FIR – 2
meet the cash flow requirements
on works currently in progress
and for future contract
commitments.
Page 34 of 39
4. Stage 4: Technical Evaluation
4.1. Procedure for Technical Evaluation
a) The Stage 4 Evaluation will consist of checking the technical aspects of the Bids
to confirm whether they substantially conform to the requirements of the Bidding
Documents.
b) This Stage shall be evaluated on an overall “Pass” or “Fail” basis. In order to
determine whether the Bid substantially conforms to the technical requirements
of the Bidding Documents, the technical proposal shall broadly cover the
following items:
Technical Evaluation Items Relevant Forms

S. No.
Site Organisation Technical Proposal

1
Method Statement Technical Proposal

2
Work Execution Programme Technical Proposal

3
Technical Proposal Form PER-1,
4 Key Personnel
Form PER-2
Technical Proposal
5 Major Plant & Equipment
Form EQU
c) The technical proposal will be evaluated to examine the responsiveness and to

assess the capability of the bidder in executing the proposed work.
4.2. Evaluation of Technical Proposal
The Bidder’s preparedness along with technical capability will be judged by the
quality of the Technical Proposal submitted. It is expected that the Bidder visits the
site and is fully aware of all the work requirements under this Bid, and then prepares
the Technical Proposal. The Technical Proposal shall cover the following items with
the minimum requirements for “Pass”.
4.2.1. Site Organization
Organisation charts for project head office (each member in the case of a
JV/Consortium) and Site organisation, including relevant departments and personnel.
Page 35 of 39
4.2.2. Method Statement
The Bidder shall describe in the Method Statement the sequence of works in
accordance with the proposed Work Execution Programme and shall state how he
proposes to proceed with the Works. The Bidder shall describe his proposed method
of construction for following items of works-
1. Earthwork
2. RCC works
3. Pipe work
4. Road & Road bed
5. Sheds (GIT shed, Maintenance Car shed and Safety Confirmation Car shed)
6. Ground water recharge & Rainwater harvesting and Artificial recharge.
The indicative description shall include following-
(1) Design method of each item of works.
(2) Material and/or equipment, its supply and storage
(3) Temporary works
(4) Inspection & Testing
(5) Restoration of the Site
(6) Safety measures
(7) Quality Assurance and Quality Control
The Bidder shall specifically describe the following activities of the Works:
Arrangement of fill material by the Bidder (or the Contractor) i.e. supply of fill
material from the Bidder’s (or Contractor’s) borrow area(s) or from other sources.
The Bidder shall describe the details of his proposed borrow area(s) i.e. the location,
the ownership, method of excavation, method of selection of suitable fill material,
hauling method, haul routes and planned restoration of the borrow area after
completion. In case the Bidder proposes different arrangement than fill material from
his own borrow area(s), the Bidder shall describe the details of these arrangements.
4.2.3. Work Execution Programme
The evaluation of the Work Execution Programme will be made by work breakdown,
logical sequence, activity relationship, construction duration with proposed sets of
equipment to meet specified Milestones, Sections (if any), Time for Completion on
Page 36 of 39
Critical path.
4.2.4. Key Personnel
The evaluation of the Key Personnel proposed by the Bidder in their Technical
Proposal in Bid Form PER-1 and Form PER-2 will be according to the following
evaluation sub-items:
Position Total Work Experience in
S. no.
Experience Similar
(years) Works (years)
Project Manager (to be Contractor’s 20 10*
1
Representative under Sub-Clause 4.3
of the General Conditions)
Design Manager 15 10*
2
3 Interface Manager 10 5*
Quality Control Manager 10 5*

4
Safety, Health and Environment 10 5*

5
Manager
Construction Manager 10 5*
6
MEP Engineer 10 5*
7
Design Specialist 5 2**

8
Note: Similar Works for the purpose of the experience shall be considered as
follows:
*Civil construction works.
**Experience in large scale pipe-line works or rainwater harvesting.
The Contractor shall ensure that during the execution of the Works the Key Personnel
deployed shall continue to meet the experience criteria as mentioned above.
4.2.5. Major Plant and Equipment
The adequacy and appropriateness of the Contractor’s Equipment included in the

Bidder’s Technical Proposal as compared with key work volumes and the Bid
Page 37 of 39
Programme. The minimum criteria are listed below.
Major Plant and Equipment
Equipment Type and Minimum Number required to

S. No.
Characteristics assess the Bidder’s capability
1 4 nos.
Excavator of required capacity
2 15 nos.
Dumper
Roller for compaction of 2 nos.

3
required capacity
Note: The Bidder shall provide further details of proposed items of equipment using
Form EQU in Section IV, Bidding Forms.
a) All Bids which have passed this Stage of the Evaluation will proceed to the
next Stage.
b) Any Bid that is evaluated to “Fail”, as determined above, will be considered
as substantially not conforming to the requirements of the Bidding
Documents and will be rejected at this Stage and will not be subjected to any
further evaluation.
5. Stage 5: Financial Evaluation
5.1. General
The activities in Stage 5 will be in two parts.
5.2. Part 1 - Evaluation of Compliance and Responsiveness
a) Under this Stage the following items will be checked:
i) Whether the Letter of Price Bid is compliant (i.e., does not include any
alteration to the basic terms and does not constitute an alternative offer).
ii) Whether all Forms and Price Schedules have not been altered and are
correctly completed and signed.
5.3. Part 2 – Detailed Financial Evaluation
a) After passing the above requirements, the Bid will then proceed for Price Bid
Page 38 of 39
evaluation in accordance with ITB 38.

b) In principle, the Lowest Evaluated Bid resulting from 5.3 (a) above will move to
the next phase as per ITB “F. Award of Contract” described in ITB Clause 41 to
44.
Page 39 of 39
Package No. MAHSR-C-8 Section IV. Bidding Forms

Table of Contents
Letter of Technical Bid ....................................................................................................... 3

Letter of Price Bid............................................................................................................... 5
Schedules ................................................................................................................. 6
Price Schedules ....................................................................................................... 7
Technical Proposal ................................................................................................. 8
3.1 Site Organization ...................................................................................................... 9
3.2 Method Statement ................................................................................................... 10
3.3 Work Execution Program ....................................................................................... 11
3.4 Key Personnel ......................................................................................................... 12
Form PER-1: Proposed Personnel .................................................................................. 13
Form PER-2: Resume of Proposed Personnel................................................................ 14
3.5 List of Major Plant & Equipment ........................................................................... 16
Form EQU: Major Plant & Equipment ............................................................................... 17
Bidder’s Qualification .......................................................................................... 19
Form ELI -1: Bidder Information Form.............................................................................. 20
Form ELI-2: Bidder's Party Information Form ................................................................... 21
Form CON: Contract Non-Performance and Litigation ..................................................... 23
Form FIN-1: Financial Performance ................................................................................... 29
Form FIN -2: Average Annual Construction Turnover ...................................................... 31
Form FIN -3: Declaration on Bankruptcy/Insolvency and Debt Restructuring .................. 33
Form FIR-1: Financial Resources ....................................................................................... 35
Form FIR-2: Current Contract Commitments..................................................................... 37
Annexure to Form FIR-2 .................................................................................................... 39
Form EXP -1: General Construction Experience................................................................ 41
Form EXP -2(a): Specific Construction Experience ........................................................... 43
Form EXP-2(b): Construction Experience in Key Activities ............................................. 46
Form ACK .......................................................................................................................... 48
Checklist of Submission of Documents/Forms duly filled for the Technical Bid51
Page 1 of 69
Bid Requirements ................................................................................................. 54

Form - JV/Consortium Agreement ..................................................................................... 55
Power of Attorney for Authorised Representative of Sole Bidder ..................................... 60
Power of Attorney for Authorised Representative of JV/Consortium Members ................ 62
Power of Attorney to Authorized Representative of JV/Consortium ................................. 64
Form of Bid Security (Bank Guarantee) ............................................................................. 66
Form – Indemnity for Site Visit .......................................................................................... 68
Page 2 of 69
Letter of Technical Bid

[To be submitted on Bidder’s letter head]
Date: ………………………
Loan Agreement No.: ID-P277 & ID-P279
IFB No: Package No. MAHSR-C-8
To:
Managing Director
National High Speed Rail Corporation Limited
2nd Floor, Asia Bhawan, Road No. 205
Sector-9, Dwarka,
New Delhi – 110077, India
We, the undersigned, declare that:
We have examined and have no reservations to the Bidding Documents, including

Addenda issued in accordance with Instructions to Bidders (ITB 8).
[Insert the number and issuing date of each Addendum];
We, including Subcontractors/manufacturers, for any part of the Contract meet the
eligibility requirements in accordance with ITB 4 and ITB 5;
We, including Subcontractors/manufacturers, for any part of the Contract have no
conflict of interest in accordance with ITB 4;
We offer to execute in conformity with the Bidding Documents the following Works:
“Design and Construction of Civil and Building Works for the Depot on Design Build
Lump Sum Price Basis for Double Line High Speed Railway involving works for Site
Formation, Abutment, Retaining Walls, Roadbed for track, Box Culvert, Roads, Cable
Duct, Foundations of OHE Masts, Piping, Drainage, Water Supply, Water Harvesting,
Fire Fighting, Landscaping, Boundary Wall, General Inspection Train Shed,
Maintenance Depot and other Associated works At Sabarmati between MAHSR Km.
507.599 and MAHSR Km. 509.726 in the State of Gujarat for the Project for
Construction of Mumbai-Ahmedabad High Speed Rail ” [Package No. MAHSR-C-8];
Our Bid shall be valid for a period of 180 days from the date fixed for the Bid submission
deadline in accordance with the Bidding Documents, and it shall remain binding upon us
and may be accepted at any time before the expiration of that period;
We are not participating, as a Bidder or as a Subcontractor/manufacturer, in more than
one Bid in this bidding process in accordance with ITB 4.2(c);
Page 3 of 69
We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in any type of fraud and corruption; and
In case incorrect, fabricated or suppressed information is noticed after the award of the
Contract, then NHSRCL reserves the right to terminate the Contract and to take action in
accordance with the Contract.
Name of the Bidder*[insert complete name of the Bidder].
Name of the person duly authorized to sign the Bid on behalf of the Bidder** [insert complete
name of person duly authorized to sign the Bid].
Title of the person signing the Bid [insert complete title of the person signing the Bid].
Signature of the person named above [insert signature of person whose name and capacity are
shown above].
Date signed [insert date of signing] day of [insert month], [insert year].
* In the case of the Bid submitted by JV/Consortium specify the name of the
JV/Consortium as Bidder.
** Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid.
Page 4 of 69
Letter of Price Bid

Please refer Financial Bid
in MS Excel format
Page 5 of 69
SCHEDULES
in MS Excel format
Page 6 of 69
PRICE SCHEDULES
in MS Excel format
Page 7 of 69
Technical Proposal
3.1 Site Organization

3.2 Method Statement
3.3 Work Execution Programme
3.4 Key Personnel
3.5 Major Plant & Equipment
Page 8 of 69
3.1 Site Organization
The Bidder shall propose and include his proposed site organization in the bid. The
Site Organization shall indicate and include the followings:
(1) Organization Chart of the project with the name of key personnel and
description of designated duties and responsibilities of every key personnel.
(2) Organization Chart of the Head Office with the name of key personnel and
description of designated duties and responsibilities of every key personnel. In
case of the joint venture, Organization Chart of the Head Office of all members
of the joint venture with the name of key personnel and description of designated
duties and responsibilities of every key personnel.
(3) Mobilization and demobilization program of key personnel in the form of bar
chart in corporation with the Bidder’s proposed Project Execution Program.
Page 9 of 69
3.2 Method Statement
The Bidder shall propose and describe method statement for the works as mentioned
in sub-clause 4.2.2 of Section III Evaluation and Qualification Criteria.
Page 10 of 69
3.3 Work Execution Program
The Bidder shall propose and provide in the Bid his proposed Work Execution
Program, which consists of (1) Construction Program, (2) Quality Assurance/Quality
Control Program, (3) Safety Management Program and (4) Environmental
Management Program. The Bidder shall note the followings for the preparation of his
proposal;
(1) The Construction Program may be in the form of a bar chart showing the
relationship and timing of major operation required for construction of the Works
allowing due consideration for climatic and hydrological conditions pertaining to
the Site.
(2) The Quality Assurance/Quality Control Program may brief Bidder’s quality
assurance/quality control plan and procedures, including practices and sequence
of activities to be followed and resources to be input to meet the quality
administration requirements of Section-VI-1 [Employer’s Requirement-General
Specification] of the Bidding Document Part 2.
(3) The Safety Management Program may brief Bidder’s Safety Management Plan
in compliance with the requirements of Section-VI-1 [Employer’s Requirement-
General Specification].
(4) The Environment Management Program may brief Bidder’s Environment
Management Plan (EMP) which will demonstrate the manner in which he will
implement, manage and control environmental mitigation measures as required
under the Section-VI-1 [Employer’s Requirement-General Specification].
Page 11 of 69
3.4 Key Personnel
Refer to:
Form PER – 1: Proposed Personnel
Form PER – 2: Resume of Proposed Personnel
Page 12 of 69
Form PER-1: Proposed Personnel
Date: [insert day, month, year]

Bidder’s Legal Name: [insert full name]
JV/Consortium Party Legal Name: [insert full name]
IFB No.: Package No.: MAHSR-C-8
Page [insert page number] of [insert total number] pages
[The Bidder shall provide the names of suitably qualified personnel to meet the specified
requirements stated in Section III, Evaluation and Qualification Criteria, Clause 4.2.4.]
1. Title of position
Name
Name
Name
Name
Name
Name
Bidder’s Representative:
Signature: ………………….…….
Name: ………………….………..
Position: ………………….……..
Date: ………………….…………
Company: ………………….……
Company stamp: …………………
Page 13 of 69
Form PER-2: Resume of Proposed Personnel

IFB No.: Package No.: MAHSR-C-8
[The Bidder shall provide the data on the experience of the personnel indicated in Form PER-
1, in the form below:]
Name of Bidder
Position
Personnel Name Date of birth

information
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel

officer)
Fax E-mail
Job title Years with present employer
Total Work Experience [No. of years]

Experience in Similar Works [No. of years]
Page 14 of 69
[Summarize total professional experience in reverse chronological order. Indicate particular

technical and managerial experience relevant to the project.]
From To Company/Project/Position/Relevant Technical and

Month Month Management Experience/ Experience in Similar Works
& Year & Year
Name: ………………….…….….
Position: ………………….….….
Date: ……………………….…….
Company: ………………….…….
Page 15 of 69
3.5 List of Major Plant & Equipment
Refer to Form EQU: Major Plant & Equipment
Page 16 of 69
Form EQU: Major Plant & Equipment

IFB No.: Package No: MAHSR-C-8
[The Bidder shall provide adequate information to demonstrate clearly that it has the
capability to meet the requirements for the key equipment listed in Section III, Evaluation and
Qualification Criteria, Clause 4.2.5. A separate Form shall be prepared for each item of
equipment listed, or for alternative equipment proposed by the Bidder.]
Item of equipment
Equipment Name of manufacturer Model and power rating

information
Capacity Year of manufacture
Current Current location

status
Details of current commitments
Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured
Page 17 of 69
Provide the following information for equipment not owned by the Bidder:
Owner Name of owner

Address of owner
Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the
project
Name: ………………….……..….
Position: ………………………….
Date: ………………………….….
Company: ………………….…….
Company stamp: ……………...…
Page 18 of 69
Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III,
Evaluation and Qualification Criteria, the Bidder shall provide the information
requested in the corresponding Forms included hereunder:
Form ELI-1 : Bidder Information Form

Form ELI-2 : Bidder’s Party Information Form
Form CON : Contract Non-Performance and Litigation
Form FIN-1 : Financial Performance
Form FIN-2 : Average Annual Construction Turnover
Form FIN-3 : Declaration on Bankruptcy/Insolvency and Debt
Restructuring
Form FIR-1 : Financial Resources
Form FIR-2 : Current Contract Commitments
Annexure to Form FIR-2
Form EXP-1 : General Construction Experience
Form EXP-2 (a) : Specific Construction Experience
Form EXP-2 (b) : Construction Experience in Key Activities
Form ACK : Acknowledgement of Compliance with Guidelines
for Procurement under Japanese ODA Loans
Page 19 of 69
Form ELI -1: Bidder Information Form

IFB No.: Package No. MAHSR-C-8
[Bidders shall provide the following information.]
Bidder's legal name: [insert full name]

In case of a JV/Consortium, legal name of the representative member and of each member:
[insert full name of each member in the JV/Consortium and specify the representative
member.]
Bidder's actual or intended country of registration:
[insert country of registration]
Bidder's actual or intended year of incorporation:
[insert year of incorporation]
Bidder's legal address in country of registration:
[insert street/ number/ town or city/ country]
Bidder's authorized representative information:
Name: [insert full name]
Address: [inset street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [insert E-mail address]
Attached are copies of original documents of:
 Memorandum and Article of Association (or equivalent documents of constitution or
association), and/or documents of registration of legal entity named above, in accordance with
ITB 4.3.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
Signature: ………………….…
Name: ………………….…….
Position: ………………….….
Date: …………………………..
Company: ……………………..
Page 20 of 69
Company stamp: ………………
Form ELI-2: Bidder's Party Information Form

[The following form is additional to Form ELI-1, and shall be completed to provide information
relating to each JV/Consortium member (in case the Bidder is a JV/Consortium) as well as
specialist Subcontractor proposed to be used by the Bidder for any part of the Contract
resulting from this process.]
In case of JV/ Consortium, Bidder’s legal name:

[insert full name]
Bidder's Party legal name:
[insert full name of Bidder’s party]
Bidder's Party country of registration:
[insert country of registration]
Bidder’s Party year of incorporation:
[insert year of incorporation]
Bidder’s Party legal address in country of registration:
[insert street/ number/ town or city/ country]
Bidder’s Party authorized representative information:
Name: [insert full name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [insert E-mail address]
Attached are copies of original documents of
 Memorandum and Article of Association (or equivalent documents of constitution or
association), and/or registration documents of the legal entity named above, in accordance with
ITB 4.3.
Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
Page 21 of 69
Name: ………………….…….….
Position: …………………..…….
Date: ……………………..….…..
Company: ………………..….…..
Company stamp: …….………..…
Page 22 of 69
Form CON: Contract Non-Performance and Litigation

[The following table shall be filled in for the Bidder and for each member of a JV/Consortium.]
1.0 History of Non-Performing Contracts
Non-Performing Contracts
 Contract non-performance did not occur since 1st January 2019, in accordance with the
Section III: Evaluation and Qualification Criteria, Sub-Factor 3.2 (b) (i).
 Contract(s) not performed since 1st January 2019, in accordance with the Section III:
Evaluation and Qualification Criteria, Sub-Factor 3.2 (b) (i) indicated below:
Year Non-performed Contract Identification Total Contract
Portion of Amount
Contract (current value,
currency,
exchange rate
and INR
equivalent)
[insert [insert amount and Contract Identification: [indicate complete [insert amount]
year] percentage] contract name, number, and any other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Reason(s) for non-performance: [indicate
main reason(s)]
Note: The Bidder is not required to submit any document as documentary evidence along
with the Bidding Documents.
Page 23 of 69
Name: ………………….………..
Position: ………………….……..
Date: …………………………….
Company: ……………………….
Page 24 of 69
2.0 Pending Litigation
Pending Litigation
 No pending litigation in accordance with the Section III: Evaluation and Qualification Criteria,
Sub-Factor 3.2 (b) (ii).
 Pending litigation in accordance with the Section III, Evaluation and Qualification Criteria, Sub-
Factor 3.2 (b) (ii), is indicated below:
Year of Amount in Outcome as Contract Identification Total Contract
Dispute Dispute Percentage of Amount (current
(currency) Net Worth value, currency,
exchange rate and
INR equivalent)
[insert year] [insert [insert Contract Identification: [insert amount]
amount] percentage] [indicate complete contract
name, number, and any other
identification]
Name of Employer: [insert full
name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate
main issues in dispute]
Status of dispute: [indicate if it
is being treated by the
Adjudicator, under Arbitration
or being dealt with by the
Judiciary]
Signature: ………………….……
Name: …………………….…….
Page 25 of 69
Position: ………………….…….
Date: …………….……………...
Company: ………………………
Company stamp: ……………….
Page 26 of 69
3.0 Litigation History
Litigation History
 No court/arbitral award decisions against the Bidder or any member of the JV/consortium
since 1st January 2016 up to 28 days prior to the Bid Submission deadline, in accordance
with the Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2 (b)
 Court/ arbitral award decisions against the Bidder or any member of the JV/consortium
since 1st January 2016 up to 28 days prior to the Bid Submission deadline, in accordance
with the Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2 (b) (iii), are
indicated below:
Year of Contract Identification Total Contract
Award Amount (current
value, currency,
exchange rate and
INR equivalent)
[insert year] Contract Identification: [indicate complete contract [insert amount]
name, number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Matter in dispute: [indicate main issues in dispute]
Party who initiated the dispute: [indicate “Employer”
or “Contractor”]
Status of dispute: [Indicate if it is being treated by the
Adjudicator, under Arbitration or being dealt with by
the Judiciary]
Signature: ……………………
Name: ………………………..
Position: ……………………..
Date: ………………….……..
Page 27 of 69
Company: ……………………..
Page 28 of 69
Form FIN-1: Financial Performance

[The following table shall be filled in for the Bidder and for each member of a JV/Consortium]

Financial data
Type of Financial Historic Information for Previous 3 (three) Years

Information in (amount in currency, currency, exchange rate, INR equivalent)
(currency)
2017-2018 2018-2019 2019-2020
Statement of Financial Position (Information from Balance Sheet)
Total Assets (TA)
Total Liabilities (TL)
Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes (PBT)
Profits After Taxes (PAT)
Note:
1. The Bidder is not required to submit any document as documentary evidence along
with the Bidding Documents. All information furnished in this Form shall be certified
by a Chartered Accountant/Company Auditor/Statutory Auditor.
Page 29 of 69
Signature: ……………………..
Name: ………………….……..
Position: …………….………..
Date: …………………………..
Company: …………….………..
Company stamp: ……………...
Chartered Accountant/Company Auditor/Statutory Auditor
Name: …………………………
Position: ………………………..
Date: …………………………...
Company: ……………….……..
Membership No: ……...……………
Address: …………………...…………
Contact No: …………………………..
Email ID: ……………………………..
Page 30 of 69
Form FIN -2: Average Annual Construction Turnover

JV/Consortium Legal Name: [insert full name]
Annual Turnover Data (Construction only)

Year Amount and Currency Exchange Rate INR Equivalent
[indicate [insert amount and indicate [insert [insert amount in INR
year] currency] applicable equivalent]
exchange rate]
2017-2018
2018-2019
2019-2020
Average Annual Construction Turnover *
*Total INR equivalent for all years divided by the total number of years, in accordance with
Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2 (c) (ii).
Name: …………………….…...
Position: ………………...……..
Date: …………………….……..
Company: ……………………..
Company stamp: …………..…..
Signature: ………………………..
Page 31 of 69
Name: ……………………………
Position: ………………………….
Date: ……………………..………..
Company: …………………………
Company stamp: …………………..
Address: ……………...………………
Contact No: …………………………..
Email ID: ……………………………..
Page 32 of 69
Form FIN -3: Declaration on Bankruptcy/Insolvency and Debt

Restructuring
[The Bidder shall submit the following undertaking for bankruptcy/insolvency and debt
restructuring and shall be filled in for the Bidder and for each member of a JV/Consortium]
(Undertaking as per Sub-Factor 3.2 (c) (iii), Section III, Evaluation and Qualification Criteria,
Part 1)
We do hereby undertake that we have not suffered bankruptcy/insolvency during the

last three (3) years from the date of deadline of submission of our Bid.
And
1. We do hereby undertake that we have neither obtained debt restructuring in the
immediately preceding three (3) years from the date of deadline of submission of our
Bid nor have applied for it (as on the date of deadline of submission of the Bid) and
also are not currently in the process of corporate debt restructuring.”
Or
2. We do hereby declare that we have obtained debt restructuring in the immediately
preceding three (3) years from the date of deadline of submission of our Bid or have
applied for it (as on the date of deadline of submission of Bids) or are currently in the
process of corporate debt restructuring (strikethrough the clause which is not
applicable). We do hereby undertake that we shall open a dedicated ‘Trust & Retention
Account (T & R Account)’ in consultation with the Employer. We shall submit a
certified list of vendors/suppliers/sub-contractors/consultants, associated and engaged
for the execution of the contract work. The Bank will make payments, on our
instructions, to pre-certified vendors/suppliers/sub-contractors/consultants only. We
shall not divert the funds for the purpose(s) other than the intended purpose(s). Also,
we give mandate to the Employer or their representative to make inspection(s) of this
account whenever so desired by them.
Page 33 of 69
Name: ………………..………..
Position: ………………..……..
Date: …………………………..
Company: ……………………..
The Statement of the Bidder as stated above is verified and certified as true and correct.
Chartered Accountant /Company Auditor/ Statutory Auditor
Signature ……………………..:
Name: ………………………….
Position: ……………………….
Date: …………………………..
Company: ……………………..
Address: ……………...………………
Contact No: …………………………..
Email ID: ……………………………..
Notes:
1. The Bidder should strike-off either paragraph no. 1 (or) 2 as above which is not
applicable.
2. Bidder is not required to submit any document as documentary evidence along

with the Bidding Documents. All information furnished in this Form shall be
certified by a Chartered Accountant/Company Auditor/Statutory Auditor.
Page 34 of 69
Form FIR-1: Financial Resources

[Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines
of credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 3.2 (e) (i).]
Financial Resources
No. Source of Financing Amount (INR equivalent)
2
3
4
Name …………………….........
Position: ……………………….
Date: ……………………….......
Company: ………………………
Page 35 of 69
Name: ………………….……..
Date: ………………..………..
Company: ……………………..
Company stamp: ……….…….
Membership No: ………...…………
Address: ……………………...………
Contact No: ……………………….….
Email ID: ……………………………..
Page 36 of 69
Form FIR-2: Current Contract Commitments

[Bidders and each member of a JV/Consortium should provide information on their current
commitments on all contracts that have been awarded, or for which a letter of intent or
acceptance has been received, or for contracts approaching completion, but for which an
unqualified, full completion certificate has yet to be issued, in accordance with Section III,
Evaluation and Qualification Criteria, Sub-Factor 3.2 (e) (ii).]
Current Contract Commitments

Average
Value of
Monthly
Employer’s Name Outstanding Estimated
Invoicing
No. Name of Contract and Contact Work Completion
Over Last Six
Address, Tel, Fax [Current INR Date
Months
Equivalent]
[INR/month)]
1
2
3
4
5
Notes:
1. The Bidder is not required to submit any document as documentary evidence along
with the Bidding Documents. All information furnished in this Form shall be
certified by a Chartered Accountant/Company Auditor/Statutory Auditor.
2. The ‘Annexure to Form FIR-2’ is an extension of the above table of Form FIR-2.
The Bidder shall provide details for the evaluation of the adequacy of its financial
resources to meet project cash flow requirements.
Page 37 of 69
Name: ……………….………..
Position: …………….………..
Date: …………………………..
Company: ……………………..
Name: …………….…………..
Position: ………….…………..
Date: …………..….…………..
Company: ……………………..
Company stamp: …..……….…
Membership No: ……………….……
Address: …………………….…
Contact No. : ……………….…….…..
Email ID: ………………….………....
Page 38 of 69
Annexure to Form FIR-2

Evaluation of Adequacy of Financial Resources
Column as per JICA Pro-forma Calculation Based on Information Provided by Bidders in Form FIR-1 & FIR-2
S. Name of Employer’s Value of Estimated Avg. Estimated Avg. Avg. Avg. Total Avg. Amount stated in
No. Contract Contact Outstanding Completio Monthly Balance Monthly Monthly Monthly Monthly FIR-1 by the
Address, Works ( in n Date Invoicing Completion Financial available Requirement Requirements of Bidder to be
Tel, Fax Million INR) Over Period from Requirement Funds by s for Liquid liquid assets for Equal or Greater
Last Six Bid s for Contract Assets by Outstanding than Amount
Months Submission Outstanding (in Million Contract (in Contracts (in Stated in the
(in deadline Works INR) Million INR) Million INR) Form of Financial
Million Date (in during Resources (i) of
INR/Mon Months) Contract EQC, INR 550
th) Period (in Million plus Total
Million INR) Average Monthly
Requirement of
Outstanding
Contracts
Multiplied by 03
(in Million INR)
1 2 3 4 5 6 7 8 9 10 11 12
{={Col.(5)- {=Col.4/Col. {= Col.6} {=Col.8- {=Sum {= 550 + Col.
Bid 7} Col.9} (Col.(10)} (11)*3}
Submission
deadline
Date}/30}
1
2
3
4
Total
Page 39 of 69
Name: ………………….……..
Date: ………………….……..
Company: ……………..………
Company stamp: …………….
Name: …………………….…..
Position: ………………….…..
Date: ……………………..…..
Company: ……………………
Company stamp: …………….
Membership No: ………………
Address: …………………………
Contact No: ……………….……..
Email ID: ………………….……..
Page 40 of 69
Form EXP -1: General Construction Experience

[Identify contracts that demonstrate continuous construction work since 1st January 2016 up
to Bid submission deadline pursuant to Section III, Evaluation and Qualification Criteria,
Sub-Factor 3.2 (d) (i). List contracts chronologically, according to their commencement
(starting) dates.]
General Construction Experience

Starting Ending Contract Identification Role of
Year Year Bidder
[indicate [indicate Contract name: [insert full name] [insert “Prime

year] year] Brief description of the works performed by the Contractor” (single
Bidder: [describe works performed briefly] entity or
Amount of contract: [insert amount, currency, JV/Consortium
exchange rate and INR equivalent] member) or
Name of Employer: [indicate full name] "Subcontractor” or
Address: [indicate street/number/town or “Management
city/country] Contractor”]
Note: The Bidder is required to submit the documentary evidence for the information
furnished in the form.
Signature: …………………….
Page 41 of 69
Name: ………………………..
Date: ………………………….
Company: ……………..……..
Company stamp: ……….……
Page 42 of 69
Form EXP -2(a): Specific Construction Experience

[Fill out one (1) form per contract, in accordance with Section III, Evaluation and
Qualification Criteria, Sub-Factor 3.2 (d) (ii).]
Contract of Similar Size and Nature

Similar Contract No.
[insert number] of [insert number Information
of similar contracts required]
Contract Identification [insert contract name and reference identification
number, if applicable]
Award Date [insert day, month, year, e.g. xx xxx, xxxx]
Completion Date [insert day, month, year, e.g., xx xxx, xxxx]
Role in Contract Prime Contractor

[check the appropriate box] Single entity JV/Consortium
 member

Total Contract Amount [insert total contract amount INR [insert exchange
and currency (ies)] rate and total contract
amount in INR
equivalent]
Total Amount received from client [insert total amount received INR [insert exchange
and currency (ies)] rate and total amount
received in INR
equivalent]
Page 43 of 69
If member in a JV/Consortium, [insert a [insert total INR [insert exchange

specify participation in total percentage contract amount rate and total contract
Contract amount amount] and amount in INR
currency(ies)] equivalent]
Employer's Name: [insert full name]
[indicate street / number / town or city / country]

Address:
[insert telephone/fax numbers, including country and
Telephone/fax number
city area codes]
E-mail:
[insert E-mail address, if available]
Similar Contract No.
[insert number] of [insert number of Information
similar contracts required]
Description of the similarity in
accordance with Sub-Factor 3.2
(d) (ii) of Section III:
1. Physical size of required works [insert physical size of items]
items
a) Reinforced cement concrete in
one single contract.
b) Earth works in
formation/embankment in
railway/ metro rail/ state
highway/ national highway/
expressway projects.
2. Complexity [insert description of complexity]
3. Methods/Technology [insert specific aspects of the methods/technology
involved in the contract]
4. Other Characteristics [insert other characteristics as described in
Section VI-1. Employer’s Requirements - General
Specifications and VI-2. Employer’s Requirements-
Technical Specifications].
Note: The Bidder is required to submit the documentary evidence for the information
furnished in the form. The Completion/Substantial Completion Certificates indicating
the nature/scope of work, actual completion cost and actual date of completion for such
Page 44 of 69
work shall be submitted duly certified from the Client.
Signature: ………………….…
Name: ………….………….…
Position: ………………….….
Date: ………….………………
Company: ……………………..
Page 45 of 69
Form EXP-2(b): Construction Experience in Key Activities

[The following table shall be filled in for the Bidder and for each member of a JV/Consortium.]
Subcontractor’s Legal Name [insert full name]
[Fill out one (1) form per contract, in accordance with Section III, Evaluation and
Qualification Criteria, Sub-Factor 3.2 (d) (iii).]
Key Activity No. (1): [insert brief description of the Activities, emphasizing its specificity]
Total Quantity of Activity under the Contract:
Contract with Similar Key Activities

Item Information
Contract Identification [insert contract name and number, if applicable]
Award Date [insert day, month, year, e.g., xx, xxx, xxxx]
Completion Date [insert day, month, year, e.g., xx, xxx, xxxx]
Role in Contract Prime Contractor
[check the appropriate box] Single JV/Consortium Management
entity member Contractor Subcontractor
   
Total Contract Amount [insert total contract amount INR [insert
in INR] Exchange rate and total
contract amount in INR
equivalent]
Page 46 of 69
Quantity (Volume, number or rate of Total quantity in Percentage Actual

production, as applicable) performed the Contract Participation Quantity
under the contract per year or part of Performed
the year (i) (ii) (i) x (ii)
[Insert extent of participation
indicating actual quantity of key
activity successfully completed in the
role performed]
Year 1
Year 2
Year 3
Year 4
Employer’s Name: [insert full name]

Address: [indicate street / number / town or city / country]
Telephone/fax number
E-mail: [insert telephone/fax numbers, including country and
city area codes]
[insert E-mail address, if available]
Note: The Bidder is required to submit the documentary evidence for the information furnished
in the form. The Completion Certificates for the Key Activities shall be submitted duly
certified from the Client.
Name: ………….………….…….
Position: ………………….……..
Date: ………….…………………
Company: ……………………….
Page 47 of 69
Form ACK
Acknowledgement of Compliance with Guidelines for Procurement under
Japanese ODA Loans
A) I, [insert name and position of authorized signatory], being duly authorized by [insert
name of Bidder/members of joint venture (“JV”)] (hereinafter referred to as the “Bidder”)
to execute this Acknowledgement of Compliance with the Guidelines for Procurement
under Japanese ODA Loans, hereby certify on behalf of the Bidder and myself that:
(i) all information provided in the Bid submitted by the Bidder and its subcontractors for
the Project for Construction of Mumbai-Ahmedabad High Speed Rail, name of the
Contract “Design and Construction of Civil and Building Works for the Depot on
Design Build Lump Sum Price Basis for Double Line High Speed Railway involving
works for Site Formation, Abutment, Retaining Walls, Roadbed for track, Box Culvert,
Roads, Cable Duct, Foundations of OHE Masts, Piping, Drainage, Water Supply,
Water Harvesting, Fire Fighting, Landscaping, Boundary Wall, General Inspection
Train Shed, Maintenance Depot and other Associated works At Sabarmati between
MAHSR Km. 507.599 and MAHSR Km. 509.726 in the State of Gujarat for the
Project for Construction of Mumbai-Ahmedabad High Speed Rail” [Package No.
MAHSR-C-8], and number of lot(s) is one (1), is true, correct and accurate to the best
of the Bidder’s and my knowledge and belief; and
(ii) the Bidder or any of its subcontractors has not, directly or indirectly, taken any action
which is or constitutes a corrupt or fraudulent practice and is not subject to any conflict
of interest as stipulated in the relevant section of the Guidelines and the Bidding
Document.
<If debarment for more than one year by the World Bank Group is NOT imposed, use the
following sentence B).>
B) I certify that the Bidder has NOT been debarred by the World Bank Group for more than
one year since the date of issuance of Invitation for Bids.
<If debarment for more than one year by the World Bank Group has been imposed BUT
three (3) years have passed since the date of such debarment decision, use the following
sentence B’).>
B’) I certify that the Bidder has been debarred by the World Bank Group for a period more
than one year BUT that on the date of issuance of Invitation for Bids at least three (3) years
had passed since the date of such debarment decision. Details of the debarment are as
follows:
Name of the Starting date of Ending date of Reason for debarment

debarred firm debarment debarment
Page 48 of 69
C) I certify that the Bidder will not enter into a subcontract with a firm which has been
debarred by the World Bank Group for a period more than one year, unless on the date of
the subcontract at least three (3) years have passed since the date of such debarment
decision.
D) I certify, on behalf of the Bidder and its subcontractors, that if selected to undertake works
and services in connection with the Contract, the Bidder and its subcontractors shall carry
out such works and services in continuing compliance with the terms and conditions of the
Contract.
E) I further certify, on behalf of the Bidder and its subcontractors, that if the Bidder and any
of its subcontractors is requested, directly or indirectly, to engage in any corrupt or
fraudulent practice under any applicable law, such as the payment of a rebate, at any time
or any stage of a process of procurement such as negotiations, execution or
implementation of contract (including amendment thereof), the Bidder shall report all
relevant facts regarding such request to the relevant section in JICA (details of which are
specified below) in a timely manner.
JICA’s information desk on fraud and corruption (A report can be made to either of the
offices identified below.)
(1) JICA Headquarters: Legal Affairs Division, General Affairs Department
URL: https://www2.jica.go.jp/en/odainfo/index.php
Tel: +81 (0)3 5226 8850
(2) JICA India Office

16th Floor, Hindustan Times House
18-20, Kasturba Gandhi Marg,
New Delhi-110001, India
Tel: 011-4909-7000
The Bidder acknowledges and agrees that the reporting obligation stated above shall NOT
in any way affect the Bidder’s responsibilities, obligations or rights, under relevant laws,
regulations, contracts, guidelines or otherwise, to disclose or report such request or other
information to any other person(s) including the Employer or to take any other action,
required to or allowed to, be taken by the Bidder. The Bidder further acknowledges and
agrees that JICA is not involved in or responsible for the procurement process in any way.
F) If any of the statements made herein is subsequently proven to be untrue or incorrect based
on facts subsequently determined, or if any of the warranties or covenants made herein is
not complied with, the Bidder will accept, comply with, and not object to any remedies
taken by the Employer and any sanctions imposed by or actions taken by JICA.
Page 49 of 69
Name: ………….………….…….
Position: ………………….…….
Date: ………….………………..
Company: ……………………..
Company stamp……………….
Name: ……….………….…….
Position: ………………….…….
Date: ………….………………..
Company: ……………………..
Membership No: ………...…………
Address: ……………………...………
Contact No.: …………………………
Email ID: ……………………………..
Page 50 of 69
Checklist of Submission of Documents/Forms Online duly filled for the Technical

Bid
(Reference to BDS ITB 11.2 (l), Section II, Part 1)

S. no. Requirements of Technical Bid Reference Clause No. of Bidder’s Name:
Bid Documents
………………..
Yes / Ref.
No
1 Letter of Technical Bid ITB 11.2 (a) and Section IV
2. Technical Bid signed by the ITB 22.2
authorized representative of
Single Entity/ JV/ Consortium
3. Validity of Bids – 180 days from BDS ITB 20.1
Bid Submission deadline date.
i.e., valid up to …………..
4. Bid Security as per form of Bid BDS ITB 21.1
Documents (Scanned Copy to be and Clause 6.0 of Section IV
submitted with Technical Bid and
originals to be submitted in
physical form to the Employer)
5. Form - JV/Consortium Agreement BDS ITB 4.1 and Clause 6.0
of Section IV
6. Power of Attorney for Authorised BDS ITB 22.2 and Clause
Representative of Sole Bidder 6.0 of Section IV
along with Organizational
documents and Board Resolution
7. Power of Attorney for Authorised BDS ITB 22.2, ITB 22.3 and
Representative of JV/Consortium Clause 6.0 of Section IV
Members along with
Organizational documents and
Board Resolution
8. Power of Attorney to Authorized BDS ITB 22.2, ITB 22.3 and
Representative of JV/Consortium Clause 6.0 of Section IV
along with Organizational
documents and Board Resolution
9. Form ELI-1: Bidder Information ITB 15.1
Form Clause 4.0 of Section IV
10. Form ELI-2: Bidder’s Party ITB 15.1

Information Form Clause 4.0 of Section IV
11. Form CON: Contract Non- ITB 15.1
Page 51 of 69

Bid Documents
………………..
Yes / Ref.
No
Performance and Litigation Clause 4.0 of Section IV
12. Form FIN-1: Financial ITB 15.1
Performance Clause 4.0 of Section IV
13. Form FIN-2: Average Annual ITB 15.1
Construction Turnover Clause 4.0 of Section IV
14. Form FIN-3: Declaration for ITB 15.1
Bankruptcy/Insolvency and Debt Clause 4.0 of Section IV
Restructuring
15. Form FIR-1: Financial Resources ITB 15.1
Clause 4.0 of Section IV
16. Form FIR-2: Current Contract ITB 15.1
Commitments along with Clause 4.0 of Section IV
Annexure to FIR-2
17. Letter of Intent to form JV/ ITB 11.2 (e)
Consortium and draft JV/
Consortium agreement
18. Form EXP – 1 General ITB 15.1
Construction Experience Clause 4.0 of Section IV
19. Form EXP – 2 (a) Specific ITB 15.1
Construction Experience Clause 4.0 of Section IV
20. Form EXP – 2(b) Construction ITB 15.1
Experience in Key Activities Clause 4.0 of Section IV
21. Site Organization ITB 17.1
22. Method Statement ITB 17.1
23. Work Execution Programme ITB 17.1
24. Form PER-1: Proposed Key ITB 17.1
Personnel Clause 3.0 of Section IV
25. Form PER-2: Resume of ITB 17.1
Proposed Key Personnel Clause 3.0 of Section IV
26. Form EQU: Major Plant & ITB 17.1
Equipment Clause 3.0 of Section IV
27. Form ACK: Acknowledgement of BDS ITB 2.2, ITB 3.1
Compliance with Guidelines for Clause 4.0 of Section IV
Procurement under Japanese
Page 52 of 69

Bid Documents
………………..
Yes / Ref.
No
ODA Loans
28. Addenda nos. duly filled in Letter Letter of Technical Bid
of Technical Bid.
29. Duly signed and stamped copy of BDS ITB 11.2 (l) (i)
“Section V. Eligible Source
Countries of Japanese ODA
Loans” of the Bidding Documents
30. Any other Documents -
Certificate:
This is to certify that our Technical Submissions is in full compliance with all the conditions,
requirements and specifications as included in the Bid Documents including all the Addenda
thereto.
Name: ………………….……..
Position: ……………….……..
Date: ……………………….....
Company: ……………………..
Company stamp: ……………....
Page 53 of 69
Bid Requirements
Form - JV/Consortium Agreement

Power of Attorney for Authorised Representative of Sole Bidder
Power of Attorney for Authorized Representative of JV/Consortium Members
Power of Attorney to Authorized Representative of JV/Consortium
Form of Bid Security
Page 54 of 69
Form - JV/Consortium Agreement

The Members of the JV/Consortium shall provide a JV/Consortium Agreement for
JV/Consortium Participation and which includes at least the following:
(Ref. Form ELI-1 & ELI-2)
M/s____ {Insert Name of Lead Member}_____________________, having its registered

office at _________________________ (hereinafter referred to as “______________”), is the
Lead Member of the JV/Consortium and act as the Authorized Representative of the
JV/Consortium on first part; and
M/s____ {Insert Name of Member}_____________________having its registered office

at_________________________ (hereinafter referred to as “_________________________”),
shall act in the capacity of a Joint Member of the JV/Consortium on the other part.
M/s____ {Insert Name of Member}________________, having its registered office

at_________________________ (hereinafter referred to as “_________________________”)
in the capacity of a Joint Member of the JV/Consortium on the other part.
The expressions of _________________________ and _________________________ and

_________________________ shall wherever the context permits, mean and include their
respective legal representatives, successor interest and assigns and shall collectively be referred
to as “the Parties” and individually as “the Party”.
WHEREAS:
National High-Speed Rail Corporation Limited, New Delhi, India, which is owned by the
Government of India [hereinafter referred to as “Employer”], has invited bids for the Works of
“Design and Construction of Civil and Building Works for the Depot on Design Build Lump
Sum Price Basis for Double Line High Speed Railway involving works for Site Formation,
Abutment, Retaining Walls, Roadbed for track, Box Culvert, Roads, Cable Duct, Foundations
of OHE Masts, Piping, Drainage, Water Supply, Water Harvesting, Fire Fighting, Landscaping,
Boundary Wall, General Inspection Train Shed, Maintenance Depot and other Associated
works At Sabarmati between MAHSR Km. 507.599 and MAHSR Km. 509.726 in the State of
Gujarat for the Project for Construction of Mumbai-Ahmedabad High Speed Rail” [Package
No. MAHSR-C-8].
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1) The following documents shall be deemed to form and be read and construed as
an integral part of this JV/Consortium Agreement:
Invitation for Bid.
Bidding Documents issued by the Employer.
Any Addenda to the Bidding Documents issued by the Employer.
Page 55 of 69
The Bid submitted on our behalf jointly by the Authorised Representative

from the Lead Member.
2) The `Parties’ have studied the Bid Documents and have agreed to participate in
submitting a `Bid’ jointly.
3) Mr./Ms. _________________________, authorised representative of the Lead
Member and an employee of the Lead Member whose details are provided as
under, shall be the Authorized Representative of the JV/Consortium for all intents
and purposes He / She shall have the authority to conduct all business for and on
behalf of any and all the Members of JV/Consortium during the bidding process
and in the event the JV/Consortium is awarded the Contract, during Contract
execution. Thus, in the event of the award of contract, the Authorised
Representative will be the Contractor’s Representative as per Sub-Clause 4.3 of
the General Conditions.
Name Designation Address Tel/Fax no. E Mail ID
3.1 In the event of the above Authorised Representative being replaced by or

dissociating with/leaving the Lead Member, the Lead Member shall
immediately appoint another of its employee as its Authorised Representative
duly with the consent of other JV/Consortium Members. During any such
period when the Lead Member is not able to have an Authorised
Representative, the MD/Chairman of the Lead Member will be considered to
be the Authorised Representative for the purpose of this Bid and subsequent
Contract (if awarded).
4) We undertake that
The Lead Member of our JV/Consortium --------------------(Name of the Lead
Member) shall have the maximum financial stake amongst the other
members of the JV/Consortium.
The share of the Lead Member in JV/Consortium shall be more than 40% of
the Contract Amount and that of the other members shall be at least 15% each
of the Contract Amount.
The distribution of responsibilities in execution of Work and the percentage
participation amongst various Members of the JV/Consortium for the
subject work shall be as under:
Sl. No. Name of the Role (Lead Distribution of % Participation
Member Member/ Responsibilities
Member) in execution of
the Works
Page 56 of 69
5) Joint and Several Responsibility

The Parties undertake that they shall be jointly and severally liable to the
Employer in the discharge of all the obligations and liabilities as per the Contract
with the Employer and for the performance of contract awarded to their
JV/Consortium.
In case a Party fails or delays to perform its obligations either partially or totally,
it shall be responsible for all the outcomes concerned, and upon such conditions
the other Parties shall be obliged to take measures to perform well all the
obligations under the Contract with the Employer.
6) Assignment and Third Parties

The Parties shall co-operate throughout the entire period of this JV/Consortium
Agreement on the basis of exclusivity and neither of the Parties shall make any
arrangement or enter into any agreement either directly or indirectly with any
other party or group of parties on matters relating to the Works except with prior
written consent of the other Party.
7) Executive Authority
The said JV/Consortium through its Authorized Representative (as specified
above) shall receive instructions, payments from the Employer. The management
structure for the Works shall be prepared in mutual consultation to enable
completion of the Work to quality requirements within permitted cost and time.
8) Guarantees
Till the award of the Contract, all the Bank Guarantees to the Employer shall be
furnished in the name of JV/Consortium or in the name of all future members as
named in the letter of intent referred to BDS 4.1 & 22.2 which shall be legally
binding on all the Members of the JV/Consortium.
9) Documents and Confidentiality

Each Party shall maintain in confidence and not use for any purpose other than
those related to the Project all commercial and technical information received or
generated in the course of preparation and submission of the Bid.
10) Arbitration
Any dispute, controversy or claim arising out of or relating to this agreement shall
be settled in the first instance amicably between Parties. If an amicable settlement
cannot be reached as above, it will be settled by…………………………. [Bidder
to specify].
Page 57 of 69
11) Validity
This JV/Consortium Agreement shall remain in force till one of the following
occurs of, unless by mutual consent, the Parties agree in writing to extend the
validity for a further period.
(a) The Bid submitted by the JV/Consortium is declared unsuccessful;
(b) Cancellation/ shelving of the Project by the Employer for any reasons prior
to award of the Contract;
(c) Execution of detailed JV/Consortium agreement by the Parties, setting out
detailed terms after award of the Contract by the Employer, substantially
covering the requirements as mentioned in the Bidding Documents; or,
(d) Successful execution of the Contract and settlement of all/any disputes
between the Employer and the Contractor.
12) This JV/Consortium Agreement shall be construed under the laws of India.
13) Notices
The names, addresses and fax numbers of the Authorized Representatives of the
other Members of the JV/Consortium to which notices may be given in writing
by fax confirmed by registered mail or commercial courier shall be as follows:
_____[Name] ____[Designation] ____[Address] ____[Ph. No., Fax No., E-
mail ID]
mail ID]
mail ID]
Notes:
This Agreement shall be executed in English and according to the applicable laws of India,
taking into accounts the notes stated below:
1) In the case of an existing JV/Consortium, a certified copy of JV/Consortium

Agreement shall be furnished.
2) The mode of execution should be in accordance with the procedure, if any, laid down
by the applicable laws of India and the charter documents of the executants(s) and
when it is so required, the same should be under common seal affixed in accordance
with the required procedure.
(3) Whenever required, the Bidder should submit for verification the extract of the charter
documents and the shareholder resolution in favour of the person executing this
Page 58 of 69
document on behalf of the Bidder.

(4) For a required document executed and issued overseas, the document will also have
to be legalised by the Indian Embassy in the Bidder’s country and notarized in the
jurisdiction where it is being issued. However, documents provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to
be legalized by the Indian Embassy, if they carry a conforming Apostille certificate.
Page 59 of 69
Power of Attorney for Authorised Representative of Sole Bidder
Know all men by these presents, we _________________________do hereby constitute,

appoint and authorize Mr/Ms_________________________ who is presently employed with
us and holding the position of _________________________as our Representative, to do in
our name and on our behalf, all such acts, deeds and things necessary in connection with or
incidental to our Bid for the Works “Design and Construction of Civil and Building Works for
the Depot on Design Build Lump Sum Price Basis for Double Line High Speed Railway
involving works for Site Formation, Abutment, Retaining Walls, Roadbed for track, Box
Culvert, Roads, Cable Duct, Foundations of OHE Masts, Piping, Drainage, Water Supply,
Water Harvesting, Fire Fighting, Landscaping, Boundary Wall, General Inspection Train Shed,
Maintenance Depot and other Associated works At Sabarmati between MAHSR Km. 507.599
and MAHSR Km. 509.726 in the State of Gujarat for the Project for Construction of Mumbai-
Ahmedabad High Speed Rail” [Package No. MAHSR-C-8], including signing and submission
of all documents and providing information/responses to National High Speed Rail Corporation
Limited , representing us in all matters, dealing with National High Speed Rail Corporation
Limited in all matters in connection with our Bid for the said Works.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant
to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney
shall and shall always be deemed to have been done by us.
Dated this the________ day of _________________________20_____.
(Signature of Authorized Signatory)
_________________________
(Signature and Name in Block letters of Signatory)
Seal of Company
Witness
Witness 1: Witness 2:
Name: Name:
Address: Address:
Occupation: Occupation:
Notes:
This Power of Attorney shall be executed according to the applicable laws and in English
in the Bidder’s country, taking into account the notes stated below:
Page 60 of 69
1) The mode of execution should be in accordance with the procedure, if any, laid down
by the applicable law in the Bidder’s country and the charter documents of the
executants(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
document on behalf of the Bidder.
Page 61 of 69
Power of Attorney for Authorised Representative of

JV/Consortium Members
Know all men by these presents, we _________________________do hereby constitute,

appoint and authorize Mr/Ms_________________________ who is presently employed with
us and holding the position of _________________________as our Representative, to do in
our name and on our behalf, all such acts, deeds and things necessary in connection with or
incidental to our Bid for the Works of “Design and Construction of Civil and Building Works
for the Depot on Design Build Lump Sum Price Basis for Double Line High Speed Railway
involving works for Site Formation, Abutment, Retaining Walls, Roadbed for track, Box
Culvert, Roads, Cable Duct, Foundations of OHE Masts, Piping, Drainage, Water Supply,
Ahmedabad High Speed Rail” [Package No. MAHSR-C-8], including signing and submission
of all documents and providing information/responses to National High Speed Rail Corporation
Limited , representing us in all matters, dealing with National High Speed Rail Corporation
Limited in all matters in connection with our Bid for the said Works.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant
to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney
shall and shall always be deemed to have been done by us.
(Signature of Authorized Signatory)
_________________________
(Signature and Name in Block letters of Signatory)
Seal of Company
Witness
Name: Name:
Address: Address:
Notes:
Page 62 of 69
This Power of Attorney shall be executed according to the applicable laws and in English
in the Bidder’s country, taking into account the notes stated below:
(1) In the case of existing JV/Consortium, a certified copy of (JV/Consortium) Agreement

shall be furnished.
(2) The mode of execution should be in accordance with the procedure, if any, laid down
by the applicable law in the Bidder’s country and the charter documents of the
executants(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
document on behalf of the bidder.
Page 63 of 69
Power of Attorney to Authorized Representative of

JV/Consortium
Appointment of Authorised Representative of the JV/Consortium
Whereas, the Managing Director of National High Speed Rail Corporation Limited, which is
owned by the Government of India, has invited Bids for the Works of “Design and Construction
of Civil and Building Works for the Depot on Design Build Lump Sum Price Basis for Double
Line High Speed Railway involving works for Site Formation, Abutment, Retaining Walls,
Roadbed for track, Box Culvert, Roads, Cable Duct, Foundations of OHE Masts, Piping,
Drainage, Water Supply, Water Harvesting, Fire Fighting, Landscaping, Boundary Wall,
General Inspection Train Shed, Maintenance Depot and other Associated works At Sabarmati
between MAHSR Km. 507.599 and MAHSR Km. 509.726 in the State of Gujarat for the
Project for Construction of Mumbai-Ahmedabad High Speed Rail” [Package No. MAHSR-C-
8], and Whereas, the members of the JV/Consortium comprising of M/s.
__________________(Lead Member)_______, M/s. _________________________,
M/s_________________________, .... and M/s___________________________________
are interested in submission of bid for this Works of in accordance with the terms and
conditions contained in the Bid documents.
Whereas, it is necessary for the members of the JV/Consortium to designate representative of

the lead member as the authorized representative, with all necessary power and authority to do,
for and on behalf of the JV/Consortium, all acts, deeds and things as may be necessary in
connection with the JV/Consortium's Bid for the Works.
NOW THIS POWER OF ATTORNEY WITNESSETH THAT:
We, M/s. __________________ (Lead Member) _______, M/s.

_________________________, M/s_________________________, .... and M/s---------------
hereby designate Mr/Ms. _________________________, being the representative of the Lead
Member of the JV/Consortium, as the Authorized Representative of the JV/Consortium, to do
on behalf of the JV/Consortium , all or any of the acts, deeds or things necessary or incidental
to the JV/Consortium's bid for the contract, including submission of the bid, participating in
conferences, responding to queries, submission of information/documents and generally to
represent the JV/Consortium in all its dealings with National High Speed Rail Corporation
Limited in connection with the contract for the said work until culmination of the process of
bidding till the Contract Agreement is entered into with National High Speed Rail Corporation
Limited and thereafter till the expiry of the Contract Agreement.
In the event of the above Authorised Representative being replaced by or dissociating

with/leaving the Lead Member, the Lead Member shall immediately appoint another of its
employee as its Authorised Representative duly with the consent of other JV/Consortium
Page 64 of 69
members. During all such period when the lead member is not able to have an Authorised
Representative, the MD/Chairman of the Lead Member will be considered to be the Authorised
Representative for the purpose of this bid and subsequent contract (if applicable).
We hereby agree to ratify all acts, deeds and things lawfully done by authorized representative,
our said representative, pursuant to this power of attorney and that all acts deeds and things
done by our aforesaid representative shall and shall always be deemed to have been done by us
(JV/Consortium).
(Signature)
(Name in Block letters of Executants)
Seal of Company
Name: Name:
Address: Address:
Notes:
This Power of Attorney shall be executed according to the applicable laws and in English in
the Bidder’s country, taking into account the notes stated below:
(1) In the case of an existing JV/Consortium, a certified copy of JV/Consortium Agreement
shall be furnished.
(2) The mode of execution should be in accordance with the procedure, if any, laid down by
the applicable law in the bidder’s country and the charter documents of the executants(s)
and when it is so required, the same should be under common seal affixed in accordance
with the required procedure.
documents and the shareholder resolution in favour of the person executing this document
on behalf of the bidder.
(4) For a required document executed and issued overseas, the document will also have to be
legalised by the Indian Embassy in the Bidder’s country and notarized in the jurisdiction
where it is being issued. However, documents provided by Bidders from countries that
have signed the Hague Legislation Convention 1961 are not required to be legalized by
the Indian Embassy, if they carry a conforming Apostille certificate.
Page 65 of 69
Form of Bid Security (Bank Guarantee)
[Guarantor letterhead or SWIFT identifier code]
Beneficiary:
Managing Director
National High-Speed Rail Corporation Limited
Road No.205, Sector-9
Dwarka, New Delhi – 110077, India
Date: [Insert date of issue]
BID GUARANTEE No.: [Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that [insert name of the Bidder, which in the case of a JV/Consortium
shall be the name of the JV/Consortium (whether legally constituted or prospective) or the
names of all members thereof] (hereinafter called "the Applicant") has submitted or will submit
to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of “Design and
Construction of Civil and Building Works for the Depot on Design Build Lump Sum Price
Basis for Double Line High Speed Railway involving works for Site Formation, Abutment,
Retaining Walls, Roadbed for track, Box Culvert, Roads, Cable Duct, Foundations of OHE
Masts, Piping, Drainage, Water Supply, Water Harvesting, Fire Fighting, Landscaping,
Boundary Wall, General Inspection Train Shed, Maintenance Depot and other Associated
works At Sabarmati between MAHSR Km. 507.599 and MAHSR Km. 509.726 in the State of
Gujarat for the Project for Construction of Mumbai-Ahmedabad High Speed Rail” [Package
No.- MAHSR-C-8], under Loan Agreement: ID-P277 and ID-P279.
Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be

supported by a bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in words]
([insert amount in figures]) upon receipt by us of the Beneficiary’s complying demand,
supported by the Beneficiary’s statement, whether in the demand itself or a separate signed
document accompanying or identifying the demand, stating that either the Applicant:
has withdrawn its Bid during the period of bid validity set forth in the Applicant’s Letter
of Bid (“the Bid Validity Period”), or any extension thereto provided by the Applicant;
or
Page 66 of 69
having been notified of the acceptance of its Bid by the Beneficiary during the Bid
Validity Period or any extension thereto provided by the Applicant, (i) has failed to
execute the contract agreement, or (ii) has failed to furnish the Performance Security,
in accordance with the Instructions to Bidders of the Beneficiary’s bidding documents.
This guarantee will expire and shall be returned: (a) if the Applicant is the successful Bidder,
upon our receipt of copies of the contract agreement signed by the Applicant and the
Performance Security issued to the Beneficiary in relation to such contract agreement; or (b) if
the Applicant is not the successful Bidder, upon the earlier of (i) our receipt of a copy of the
Beneficiary’s notification to the Applicant of the results of the bidding process; or (ii) twenty-
eight days after the end of the Bid Validity Period.
Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.
Notwithstanding anything contained herein:

a) Our liability under this Bank Guarantee shall not exceed Rs__________
(Rupees_______ _____________ only)
b) This Bank Guarantee shall be valid up to ___________________
c) We are liable to pay the guaranteed amount or any part thereof under the Bank
Guarantee only and only if you serve upon us a written claim or demand on or before
____________ (date which is 3 months after date mentioned at (b) above).
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision,
ICC Publication No. 758.
_____________________________
[Signature (s)]
[Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.]
Page 67 of 69
Form – Indemnity for Site Visit
RELEASE, WAIVER OF LIABILITY AND ASSUMPTION OF RISK FOR SITE
(ON LETTER HEAD OF THE COMPANY)
INVESTIGATIONS (the "Release")

In consideration of being permitted to enter and conduct site investigations at the site at the
locations agreed by NHSRCL for the Project " Design and Construction of Civil and Building
Works for the Depot on Design Build Lump Sum Price Basis for Double Line High Speed
Railway involving works for Site Formation, Abutment, Retaining Walls, Roadbed for track,
Box Culvert, Roads, Cable Duct, Foundations of OHE Masts, Piping, Drainage, Water Supply,
Ahmedabad High Speed Rail” [Package No. MAHSR-C-8] in Gujarat, by signing below the
UNDERSIGNED HEREBY:
1. Acknowledges that the site investigations work of the project is potentially hazardous and
involves certain risks, including the risks of serious bodily injury, death and property
damage.
2. Assumes full and sole responsibility for bodily injury, death, or property damage arising out
of or related to the visit to or tour of the Project, whether caused by the negligence of the
Releasees or otherwise.
3. RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE: (a)
Company and its direct and indirect subcontractors; (b) NHSRCL i.e. the owner of the
Project; and (c) the architect of the Project and all of its consultants, and any of the officers,
directors, agents, employees, sureties, insurers, successors and assigns of those parties listed
in (a), (b) or (c) ("Releasees"), from and for ANY AND ALL CLAIMS, LOSSES OR
DAMAGES AND ANY CLAIM OR DEMANDS THEREFOR (including, without
limitation, legal fees and disbursements) on account of bodily injury, death or property
damage (including the loss of use therefrom) arising out of, arising from or in any manner
related or connected to the visit to or tour of the project or the entry by the undersigned upon
the project, whether caused by the negligence of the releasees or otherwise.
Page 68 of 69
4. AGREES TO ASSUME THE RESPONSIBILITY AND LIABILITY for damage or injury

to all persons and to all property, including the loss of use therefrom, arising out of, arising
from, or in any manner connected with the UNDERSIGNED'S entry upon or use of the
Project premises. Notwithstanding any provision or agreement to the contrary,
UNDERSIGNED shall defend and indemnify the Releasees against all claims, damages and
losses (including without limitation legal fees and disbursements) for injury to persons or
damage to property, including the loss of use therefrom, arising out of, arising from, or in
any manner connected with the UNDERSIGNED'S entry upon or occupancy of the Project.
5. AGREES THAT THIS RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF
RISK EXTENDS TO ALL ACTS OF NEGLIGENCE BY RELEASEES, AND IS
INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS
OF THE STATE OF GUJARAT and that if any portion thereof is invalid, agrees that the
balance shall, notwithstanding, continue in full legal force and effect. This Release sets forth
all agreements and understandings of UNDERSIGNED with respect to the subject matter
hereof.
6. AGREES TO ABIDE by Company's safety program, criteria and requirements at the Project
and agrees to follow all safety instructions and directions provided by Company officials at
the Project.
I HAVE READ THIS RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK,

FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE
BEING MADE TO ME AND INTEND MY SIGNATURE TO COMPLETELY AND
UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT
ALLOWED BY LAW.
By:
[signature]
Name:
(Authorized Signatory)
Organization:
Date:
Page 69 of 69
Package No. MAHSR-C-8 Section V. Eligible Source Countries of Japanese ODA Loans
Section V. Eligible Source Countries of Japanese ODA

Loans
Eligibility for the Provision of Goods, Works and Services in JICA-Financed

Procurement
(1) The Eligible Nationality of the supplier(s) and/or contractor(s) shall be the following:
(a) Japan and/or India in the case of the prime contractor; and
(b) All countries and areas in the case of the sub-contractor(s).
(2) With regard to (1) above, in case where the prime contractor is a joint venture, such joint
venture shall be eligible provided that the nationality of partner, both lead and other
partner is Japan and/or India.
(3) With regard to (1) and (2) above, the nationality of the supplier(s) and/or contractor(s)
can be regarded as Japan (hereinafter referred to as the “Japanese Company”) if all of
the following conditions are satisfied:
(a) Such supplier(s) and/or contractor(s) shall be nationals of Japan and/or juridical
persons incorporated and registered in Japan, and have their appropriate facilities
for producing or providing goods and services in Japan and actually conduct their
business there;
(b) Notwithstanding (a) above, a juridical person incorporated in a country or area
other than Japan that satisfies all of the following conditions can be regarded as the
Japanese Company:
(i) It is a subsidiary included in the scope of consolidation and factored into the
aggregated accounting figure of a consolidated financial statement of the
Japanese Company made in accordance with the Financial Instruments and
Exchange Act of Japan and the related ministerial ordinances; and
(ii) It is registered in the country or area where it was incorporated, has its
appropriate facilities for producing or providing goods and services there, and
actually conducts its business therein.
(4) With regard to (1) and (2) above, the nationality of the supplier(s) and/or contractor(s)
can be regarded as India (hereinafter referred to as the “Indian Company”) if all of the
following conditions are satisfied:
(a) Such supplier(s) and/or contractor(s) shall be nationals of India and/or juridical
persons incorporated and registered in India, and have their appropriate facilities
for producing or providing goods and services in India and actually conduct their
business there;
(b) In the case of a juridical person, a majority of the subscribed shares shall be held
by nationals of India or juridical persons incorporated and registered in India; and
Page 1 of 2
Package No. MAHSR-C-8 Section V. Eligible Source Countries of Japanese ODA Loans
(c) In the case of a juridical person, a majority of the full-time directors shall be
nationals of India.
(End of Section V)
Page 2 of 2
Package No. MAHSR-C-8 Section VII, VIII and IX
BIDDING DOCUMENTS
FOR
(Package No. MAHSR - C-8)
Design and Construction of Civil and Building Works for the Depot on Design
Build Lump Sum Price Basis for Double Line High Speed Railway involving
works for Site Formation, Abutment, Retaining Walls, Roadbed for track,
Box Culvert, Roads, Cable Duct, Foundations of OHE Masts, Piping,
Drainage, Water Supply, Water Harvesting, Fire Fighting, Landscaping,
Boundary Wall, General Inspection Train Shed, Maintenance Depot and
MAHSR Km. 509.726 in the State of Gujarat
for the


PART 2 – EMPLOYER’S REQUIREMENTS AND REFERENCE

INFORMATION/REPORTS

Package No. MAHSR-C-8 Section VII, VIII and IX
BIDDING DOCUMENTS
PART 3 – CONDITIONS OF CONTRACT AND
CONTRACT FORMS
Table of Contents
Section VII. General Conditions (GC)................................................................................... 2
Section VIII. Particular Conditions (PC) ............................................................................... 3
Section IX. Annex to the Particular Conditions - Contract Forms ...................................... 56
Page 1 of 69
Package No. MAHSR-C-8 Section VIII. Particular Conditions (PC)
The General Conditions governing this Contract shall be the "Conditions of Contract for
Plant and Design-Build for Electrical and Mechanical Plant, and for Building and
Engineering Works, Designed by the Contractor”, First Edition 1999, published by the
International Federation of Consulting Engineers (Fédération Internationale des Ingénieurs-
Conseils; FIDIC), designated as Section VII [General Conditions].
The General Conditions are normally linked with the Particular Conditions referred to as
Section VIII by the corresponding numbering of the Clauses, so that Section VII and Section
VIII together comprise the conditions governing the rights and obligations of the Parties.
A copy of the "Section VII General Conditions" is not attached to these Bidding Documents.
The Conditions published by FIDIC can be purchased:
1) At FIDIC’s office;
World Trade Centre II, P.O. Box 311, 1215 Geneva 15, Switzerland.
Phone: +41 22 799 49 00
Fax: +41 22 799 49 01
E-mail:fidic@fidic.org
2) Through internet bookshop;
http://fidic.org/books/plant-and-design-build-contract-1st-ed-1999-yellow-book
3) At offices of FIDIC member associations and associates
(a) India: Consulting Engineers Association of India
(http://fidic.org/organization/123)
(b) Japan: Engineering and Consulting Firms Association, Japan
(http://fidic.org/organization/129)
Page 2 of 69
The following Particular Conditions shall supplement the GC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GC.
Table of Contents
Part A - Contract Data .......................................................................................................... 4
Part B - Specific Provisions ................................................................................................ 13
Page 3 of 69
Part A - Contract Data
Sub-
Conditions Data
Clause
Employer’s name and 1.1.2.2 National High-Speed Rail Corporation Limited
address & 1.3(b) 2nd Floor, Asia Bhawan,
Road No.205, Sector-9, Dwarka,
New Delhi-110077, India
Tel: +91-11-28070000
Fax: +91-11-28070250.
E-mail: c8packagetender@nhsrcl.in
Attention to:
Managing Director
Engineer’s name and 1.1.2.4 (To be Appointed)
address & 1.3(b)
Bank’s name 1.1.2.11 Japan International Cooperation Agency (JICA)
Borrower’s name 1.1.2.12 The President of India
Time for Completion 1.1.3.3 1461 days
For Milestones refer to the table Summary of

Milestones below
Defects Notification 1.1.3.7 730 days
Period
Sections 1.1.5.6 Not Applicable
Milestones 1.1.5.9 For Milestones refer to the table Summary of
Milestones below.
Electronic 1.3 Not Applicable
transmission systems
Contractor’s name and 1.3(b) [To be specified]
address
Governing Law 1.4 The Laws of the Republic of India
Ruling language 1.4 English
Language for 1.4 English
communications
Time for access to, and 2.1
S. Period after the Cumulative
possession of all parts
No Commencement percentage of the
of, the Site
. Date (in days) Site for the access
and possession
1 1 40%
Page 4 of 69
Sub-
Conditions Data
Clause
2 90 70%
3 180 100%
Refer Clause 2 [Work Area Access Schedule] in
Sub-Division 04090 of the Employer's
Requirements - General Specifications.
Engineer’s Duties and 3.1(B) 0.05%, until the cumulative amount of Variations
Authority (ii) instructed by the Engineer without obtaining the
approval of the Employer reaches 1% of the
Accepted Contract Amount.
Performance Security 4.2 The Performance Security shall be in the form of
a demand guarantee in the amount(s) of 5% (five
percent) of the Accepted Contract Amount less
Provisional Sum, if any, and in the same
currencies of the Accepted Contract Amount.
General Design 5.1 Period for notifying errors, faults and defects in
Obligations the Employer’s Requirements:56(fifty-six) days
Normal working hours 6.5 From 8:00 AM to 5:00 PM
Commencement of 8.1(c) No effective access to and possession of the Site
Works on the Commencement Date.
Delay damages for the 8.7 0.01% (zero-point zero one percent) of the
Works Contract Price per day.
For Milestones refer to the table Summary of

Milestones below.
Maximum amount of 8.7 5% (five percent) of the Final Contract Price
delay damages
Provisional Sums 13.5 15% (fifteen percent)
(b)(ii)
Page 5 of 69
Sub-
Conditions Data
Clause
Total advance payment 14.2 10% (ten percent) of the Accepted Contract
Amount excluding the Provisional Sum payable
in the currencies and proportions in which the
Accepted Contract Amount is payable.
The advance payment shall be made in two
instalments as under:
a) 5% (five percent): On submission of a
Performance Security; and
b) 5% (five percent): On submission of an
expenditure statement certified by the
Contractor detailing the utilization of the
first instalment of the advance payment
certified by Chartered Accountant/
Company Auditor.
Repayment 14.2(b) 17 % (seventeen percent) of the amount of each
amortization rate of Interim Payment Certificate
advance payment
Percentage of 14.3(c) 10% (ten percent)
Retention
Limit of Retention 14.3(c) 3% (three percent) of the Accepted Contract
Money Amount excluding the Provisional Sum
Plant and Materials 14.5(b) Plant and Materials for payment Free on Board:
(i) Nil
14.5(c) Plant and Materials for payment when delivered
(i) to the Site:
Nil
Minimum Amount of 14.6 Nil
Interim Payment
Certificates
Delayed Payment 14.8 These financing charges shall be calculated for
1) Foreign currency: at LIBOR as on due date
+ 2% (two percent)
2) Indian currency: the applicable rate shall be
SBI’s MCLR (one month), Marginal Cost of
Funds based Lending Rate.
Periods for submission 18.1
of insurance:
a. evidence of insurance. a. 14 (fourteen) days from the Commencement
Date of Works.
b. relevant policies b. 28 (twenty-eight) days from the
Commencement Date of Works.
Page 6 of 69
Sub-
Conditions Data
Clause
Maximum amount of 18.2(d) INR6,000,000.00 (Indian Rupee Six Million
deductibles for only)
insurance of the
Employer's risks
Minimum amount of 18.3 INR100,000,000.00 (Indian Rupee One
third party insurance Hundred Million only) per occurrence
Minimum amount of 18.5(a) INR600,000,000.00 (Indian Rupee Six Hundred
insurance against Million only)
Liability for Breach of
Professional Duty
Period of insurance 18.5(c) Until 5(five) years after the expiry of the last
against Liability for Defects Notification Period.
Breach of Professional
Duty
Date by which the DB 20.2 56 (fifty-six) days after the Commencement
shall be appointed Date
The DB shall be 20.2 03 (three) Members
comprised of
Appointment (if not 20.3 Secretary General of the International Centre for
agreed) to be made by Alternate Dispute Resolution (ICADR) –
Head Office – Plot No. 6
Vasant Kunj Institutional Area,
Phase-II, New Delhi -110070 (India).
E-mail: icadr@nic.in
Place of Arbitration 20.6 New Delhi, India
Page 7 of 69
Table: Summary of Milestones
Milestone Milestone Name/Description Time for Delay Damages

No. (Sub-Clause 1.15.9) Completion (amount per day of
from delay) (Sub-Clause
Commencemen 8.7)
t Date
(Sub-Clause
1.1.3.3)
Achievement: Submission to
the Engineer for approval of
survey report, survey centre
line and Technical Design
drawings for Standard Design
structures.
MS-01 Submission of the following 91 Days INR 20,000.00
report:
07/06/2022
1) Benchmark establishment
report.
2) Survey centre line of
Approach line, Test line,
structures, cutting and
embankment.
3) Survey centre line of
alignment post for curve
4) List of curves and
gradients
MS-02 Submission of the following 122 Days INR 20,000.00
drawings:
Formation level of 07/07/2022
embankment, coordinates of
ROW boundary and retaining
walls; layout of roads; piping
route diagram with interface
points; location of sheds and
buildings to be constructed by
the Contractor; location of all
water storage tanks, reservoirs,
and water tower; location of
bore wells; and geo-technical
investigation data of each bore
hole.
MS-03 Submission of Technical 152 Days INR 20,000.00
Design drawings of structures
07/08/2022
which are to be constructed as
per Standard Design as
described in GS 01000 and
Page 8 of 69

Commencemen 8.7)
t Date
(Sub-Clause
1.1.3.3)
Drawing Finalisation Manual
(DFM).
Achievement: Completion of
Technical Design drawings for
works required for D-2, E-1
and T-3 contractor, GIT Shed
and Maintenance Depot.
MS-04 Submission of Technical 213 Days INR 20,000.00
Design drawings (excluding 07/10/2022
MS-05) to the Engineer for
approval for water supply,
firefighting, sewage, drainage,
bore well, GIT Shed and
Maintenance Depot; cable
duct, box culvert, hand hole,
transverse conduit pipe
underneath track or road for
MVLV, S&T and LCX cables;
OHE mast foundation;
interface points of workshops,
sheds and buildings of D-2
and E-1 Contractor; Vertical
and horizontal alignment and
typical cross section of water
supply, sewage and drainage
lines, manholes, catch pits,
valve chambers, etc.
Achievement: Completion of
Technical Design drawings for
Interfacing Contractors.
MS-05 Submission of combined 275 Days INR 20,000.00
services drawings (CSD)
described in Appendix 04000- 07/12/2022
1 of the General
Specifications.
(i) Submission of drawings for
cable duct, box culvert,
hand hole, transverse
conduit pipe underneath
track or road for MVLV,
Page 9 of 69

Commencemen 8.7)
t Date
(Sub-Clause
1.1.3.3)
S&T and LCX cables; OHE
mast foundation;
(ii) Submission of drawings for
level crossing between track
and road.
(iii)Submission of drawings for
valve chambers for water
supply including recycled
water supply, firefighting,
manholes for sewage and
drainage.
(iv) Submission of connecting
drawings for valve
chambers near rooftop
rainwater tanks under the
traversers.
Achievement – The following
works for the Depot shall have
been completed before the
Milestone:
Completion of site formation
and handing over of premises
of workshops, sheds and
buildings to be constructed by
D-2 and E-1 contractors; and
completion of roads up for
access to E-1 and D-2
contractor up to binder course.
(Chainages given below are
indicative taking Sabarmati
station as 0 KM and may
change as decided by the
Engineer.)
MS-06 Between KM 1.500 to KM 305 Days INR 20,000.00
3.450
Handing over the area of S-1 07/01/2023
to S-21 workshops, sheds and
buildings to D-2 contractor
and handing over of S-35 to S-
39 buildings to E-1 contractor
Page 10 of 69

Commencemen 8.7)
t Date
(Sub-Clause
1.1.3.3)
and completion of roads up to
binder course.
Milestone:
Completion of structures
required for level crossing;
cable ducts, transverse conduit
pipes and hand holes under
track and between tracks for
MVLV, S&T and LCX cables
only for works required for T-
3 contractor; drainage pipes
below track and between the
tracks to enable T-3 contractor
to carry out survey work.
3.450 07/03/2023
Milestone:
Completion of retaining walls
required for track works,
roadbed for track, OHE mast
foundation and handover to T-
3 contractor.
3.450 07/07/2023
works for Approach line shall
have been completed before
the Milestone:
Completion of embankment,
L-type retaining walls, OHE
mast foundation, cable duct
for MVLV and S&T cables
and hand over to T-3
Page 11 of 69

Commencemen 8.7)
t Date
(Sub-Clause
1.1.3.3)
contractor and handing over of
abutment to C-7 contractor.
MS-09 From KM 1.174 (abutment) to 487 Days INR 20,000.00
KM 1.500. 07/07/2023
works for Test line shall have
Milestone:
Completion of embankment,
Kaligam box culvert, retaining
wall, OHE mast foundation,
cable ducts and box culvert for
MVLV, S&T and LCX cables
and hand over to T-3
contractor.
1.500 07/09/2023
Page 12 of 69
Part B - Specific Provisions
Sub-Clause 1.1.1 Replace the whole of Sub-Clause 1.1.1.9 with the following:
The Contract
1.1.1.9 "Contract Data” means the pages completed by the
Employer entitled contract data which constitute Part A of the
Particular Conditions. Throughout the General Conditions ‘Appendix
to Tender’ is replaced by ‘Contract Data’.
Sub-Clause 1.1.2 Replace the whole of Sub-Clause 1.1.2.9 with the following:
Parties and
Persons 1.1.2.9 “DB” means the person or three persons appointed under Sub-
Clause 20.2 [Appointment of the Dispute Board] or Sub-Clause 20.3
[Failure to Agree on the Composition of the Dispute Board].
Add the following sub-clauses next to Sub-Clause 1.1.2.10.
1.1.2.11 "Bank” means the financing institution (if any) named in the
Contract Data.
1.1.2.12 “Borrower” means the person (if any) named as the

borrower in the Contract Data.
Sub-Clause Replace the entire Sub-Clause 1.1.3.3 with the following:

1.1.3.3
“Time for “Time for Completion” means the time for completing the Works or
Completion” a Section (as the case may be) or a Milestone (as the case may be)
under Sub-Clause 8.2 [Time for Completion], as stated in the Contract
Data (with any extension under Sub-Clause 8.4 [Extension of Time
for Completion]), calculated from the Commencement Date.
Sub-Clause Replace the whole of Sub-Clause 1.1.3.7 with the following:

1.1.3.7
“Defects “Defects Notification Period” means the period for notifying defects
Notification in the Works or a Section (as the case may be) under Sub-Clause 11.1
Period” [Completion of Outstanding Work and Remedying Defects], which
extends over 365 days except if otherwise stated in the Contract Data
(with any extension under Sub-Clause 11.3 [Extension of Defects
Notification Period]), calculated from the date on which the Works or
Section is completed as certified under Sub-Clause 10.1 [Taking Over
of the Works and Sections].
Sub-Clause Add new Sub-Clauses 1.1.3.10 after Sub-Clause 1.1.3.9 as follows:

1.1.3.10
“Milestone 1.1.3.10 “Milestone Certificate” means the certificate issued by the
Page 13 of 69
Certificate” Engineer under Sub-Clause 4.25 [Milestone].
Sub-Clause Replace the whole of Sub-Clause 1.1.5.5 with the followings:

1.1.5.5
“Plant” “Plant” means the apparatus, machinery and vehicles intended to
form or forming part of the Permanent Works including vehicles
purchased for the Employer and relating to the construction or
operation of the Works.
Sub-Clause Add new Sub-Clause 1.1.5.9 after Sub-Clause 1.1.5.8 as follows:

1.1.5.9
“Milestone” 1.1.5.9 “Milestone” means a part of the Plant and/or a part of the
Works stated in the Contract Data and described in detail in the
Employer’s Requirements as a Milestone, which is to be completed
by the time for completion stated in Sub-Clause 4.25 [Milestone] but
is not to be taken over by the Employer after completion. If a
Milestone is included within a Section, such Milestone shall not be
included within other Sections.
Sub-Clause 1.1.6 Add the following sub-clause after Sub-Clause 1.1.6.9.

Other Definitions
1.1.6.10 “Notice of Dissatisfaction” means the notice given by either
Party to the other under Sub-Clause 20.4 [Obtaining Dispute Board’s
Decision] indicating its dissatisfaction and intention to commence
arbitration.
Sub-Clause 1.2 Replace the sub-paragraphs (a) to (d) with the following sub-
Interpretation paragraphs (a) to (f):
(a) words indicating one gender include all genders;

(b) words indicating the singular also include the plural and words
indicating the plural also include the singular;
(c) provisions including the word “agree”, “agreed” or
“agreement” require the agreement to be recorded in writing;
(d) “written” or “in writing” means hand-written, type-written,
printed or electronically made, and resulting in a permanent
record;
(e) the word “tender” is synonymous with “bid” and “tenderer”
with “bidder” and the words “tender documents” with
“bidding documents”; and,
(f) the word “Tender” includes “Technical Tender” and/or “Price
Tender”
Add the following paragraph next to the last paragraph
In these General Conditions and Particular Conditions, provisions

including the expression “Cost plus reasonable profit” or “reasonable
profit” require “reasonable profit” to be one-twentieth (5%) of Cost
unless otherwise indicated in the Contract Data.
Page 14 of 69
Sub-Clause 1.4 Replace the whole of Sub-Clause 1.4 with the following:
Law and
Language The Contract shall be governed by the law of the country
or other jurisdiction stated in the Contract Data.
The ruling language of the Contract shall be that stated in the Contract
Data.
The language for communications shall be that stated in the Contract

Data. If no language is stated there, the language for communications
shall be the ruling language of the Contract
Sub-Clause 1.5 Replace subparagraphs from (a) to (h) with the following:
Priority of
Documents (a) the Contract Agreement;
(b) the Letter of Acceptance;
(c) the Record of Meeting on Contract Negotiation;
(d) the Addenda (the items of the Addenda shall have priority
over the respective items of the related section of the
Contract Documents);
(e) the Price Bid;
(f) the Technical Bid (except the Technical Proposal);
(g) the Particular Conditions -Part A;
(h) the Particular Conditions -Part B;
(i) the General Conditions;
(j) the Employer’s Requirements-Design Requirement and
Criteria;
(k) the Employer’s Requirements- Technical Specifications
(l) the Employer’s Requirements - General Specifications;
(m) the Employer’s Requirements - Drawings;
(n) the Acknowledgement of Compliance with Guidelines for
Procurement under Japanese ODA Loans;
(o) the Contractor’s Technical Proposal;
(p) the Reference Information/ Report; and
(q) Any other documents forming part of the Contract.
Sub-Clause 1.8 Delete the words “of a technical nature” in the third paragraph.
Care and Supply
of Documents
Confidential
Details The Contractor’s and the Employer’s Personnel shall disclose all such
confidential and other information as may be reasonably required in
order to verify compliance with the Contract and allow its proper
implementation.
Each of them shall treat the details of the Contract as private and
confidential, except to the extent necessary to carry out their
Page 15 of 69
respective obligations under the Contract or to comply with applicable

Laws. Each of them shall not publish or disclose any particulars of the
Works prepared by the other Party without the previous agreement of
the other Party. However, the Contractor shall be permitted to disclose
any publicly available information, or information otherwise required
to establish his qualifications to compete for other projects.
Compliance with
Laws The Contractor shall, in performing the Contract, comply with
applicable Laws. Unless otherwise stated in the Particular Conditions:
(a) the Employer shall have obtained (or shall obtain) the planning,
zoning or similar permission for the Permanent Works, and any
other permissions described in the Employer’s Requirements
as having been (or to be) obtained by the Employer; and the
Employer shall indemnify and hold the Contractor harmless
against and from the consequences of any failure to do so. and
(b) the Contractor shall give all notices, pay all taxes, duties and
fees, and obtain all permits, licenses and approvals, as required
by the Laws in relation to the design, execution and completion
of the Works and the remedying of any defects; and the
Contractor shall indemnify and hold the Employer harmless
against and from the consequences of any failure to do so,
unless the Contractor is impeded to accomplish these actions
and shows evidence of its diligence.
Sub-Clause 2.1 Replace the third paragraph with the following two paragraphs:
Right to Access to
the Site
If the Contractor suffers delay and/or damage as a result of a failure
by the Employer to give any such right or possession within such time,
the Contractor shall give notice to the Engineer and shall be entitled
subject to Sub-Clause 20.1 [Contractor’s Claims] to:
(a) an extension of time for any such delay, if completion is or will

be delayed, under Sub-Clause 8.4 [Extension of Time for
Completion], and
(b) payment for such damages under Sub-Clause 20.1, which shall
be included in the Contract Price provided that;
(i) the payment for damages shall be INR2,500 (Indian Rupees

Two Thousand Five Hundred) per day for each 100 square
meter in delay. For any area less than a 100 square meters,
the payment of damages for delay shall be calculated pro-
rata.
(ii) the total cumulative amount of the payment specified in (i)
above under the Contract shall be limited to INR 15,000,000
(Indian Rupees Fifteen Million).
Page 16 of 69
No other claim, whatsoever, shall be admissible under this Sub-

Clause.
Permits, Licences
or Approvals The Employer shall provide, at the request of the Contractor, such
reasonable assistance as to allow the Contractor to obtain properly:
(a) copies of the Laws of the Country which are relevant to the
Contract but are not readily available, and
(b) any permits, licenses or approvals required by the Laws of the
Country:
(i) which the Contractor is required to obtain under Sub-

Clause 1.13 [Compliance with Laws],
(ii) for the delivery of Goods, including clearance through
customs, and
(iii) for the export of Contractor’s Equipment when it is
removed from the Site.
Employer’s
Financial The Employer shall submit, before the Commencement Date and
Arrangements thereafter within 28 days after receiving any request from the
Contractor, reasonable evidence that financial arrangements have
been made and are being maintained which will enable the Employer
to pay the Contract Price punctually (as estimated at that time) in
accordance with Clause 14 [Contract Price and Payment]. Before the
Employer makes any material change to his financial arrangements,
the Employer shall give notice to the Contractor with detailed
particulars.
In addition, if the Bank has notified to the Borrower that the Bank has
suspended disbursements under its loan, which finances in whole or
in part the execution of the Works, the Employer shall give notice of
such suspension to the Contractor with detailed particulars, including
the date of such notification, with a copy to the Engineer, within 7
days of the Borrower having received the suspension notification
from the Bank. If alternative funds will be available in appropriate
currencies to the Employer to continue making payments to the
Contractor beyond a date 60 days after the date of Bank notification
of the suspension, the Employer shall provide reasonable evidence in
his notice of the extent to which such funds will be available.
Add new Sub-Clauses 2.6 after Sub-Clause 2.5 as follows:
Sub-Clause 2.6 Sub-Clause 2.6 Employer’s Obligations

Employer’s
Page 17 of 69
Obligations The Employer shall issue to the Contractor the drawings for rebar that
shall be a part of the Standard Design specified in the Employer’s
Requirements, if any such drawing is not included in the Contract,
under Clause 13.
Sub-Clause 3.1 Add the following paragraphs and sub-paragraphs after the existing
Engineer’s Duties Sub-Clause 3.1 as a part of this Sub-Clause.
and Authority
(d) any act by the Engineer in response to a Contractor’s request
except as otherwise expressly specified shall be notified in
writing to the Contractor within 28 days of receipt.
The following provisions shall apply:

The Engineer shall obtain the specific approval of the Employer
before taking action under the following Sub-Clauses of these
Conditions:
(A) Sub-Clause 4.12: agreeing or determining an extension of time

and/or additional cost.
(B) Sub-Clause 13.1: instructing a Variation, except;
(i) in an emergency situation as determined by the

Engineer, or
(ii) if such a Variation would increase the Accepted
Contract Amount by less than the percentage specified
in the Contract Data.
(C) Sub-Clause 13.3: approving a proposal for Variation submitted

by the Contractor in accordance with Sub-Clause 13.1 or 13.2.
(D) Sub-Clause 13.4: specifying the amount payable in each of the
applicable currencies.
Notwithstanding the obligation, as set out above, to obtain approval,

if, in the opinion of the Engineer, an emergency occurs affecting the
safety of life or of the Works or of adjoining property, he may, without
relieving the Contractor of any of his duties and responsibility under
the Contract, instruct the Contractor to execute all such work or to do
all such things as may, in the opinion of the Engineer, be necessary to
abate or reduce the risk. The Contractor shall forthwith comply,
despite the absence of approval of the Employer, with any such
instruction of the Engineer. The Engineer shall determine an addition
to the Contract Price, in respect of such instruction, in accordance with
Clause 13 and shall notify the Contractor accordingly, with a copy to
the Employer.
Replacement of
the Engineer If the Employer intends to replace the Engineer, the Employer shall,
not less than 21 days before the intended date of replacement, give
Page 18 of 69
notice to the Contractor of the name, address and relevant experience

of the intended replacement Engineer. If the Contractor considers the
intended replacement Engineer to be unsuitable, he has the right to
raise objection against him by notice to the Employer, with supporting
particulars, and the Employer shall give full and fair consideration to
this objection.
Sub-Clause 3.5 Replace the whole of second paragraph with the following:
Determination
The Engineer shall give notice to both Parties of each agreement or
determination, with supporting particulars, within 28 days from the
receipt of the corresponding claim or request except when otherwise
specified. Each Party shall give effect to each agreement or
determination unless and until revised under Clause 20 [Claims,
Disputes and Arbitration].
Sub-Clause 4.1 Insert between the second and third paragraph, the following
Contractor’s paragraph:
General
Obligations All equipment, material and services to be incorporated in or required
for the Works shall have their origin in any eligible source country as
defined by the Loan Agreement between the Bank and the Borrower.
Performance
Security The Contractor shall obtain (at his cost) a Performance Security for
proper performance, in the amount stated in the Contract Data and
denominated in the currency(ies) of the Contract or in a freely
convertible currency acceptable to the Employer. If an amount is not
stated in the Contract Data, this sub-clause shall not apply.
The Contractor shall deliver the Performance Security to the Employer

within 28 days after receiving the Letter of Acceptance and shall send
a copy to the Engineer. The Performance Security shall be issued by a
reputable bank selected by the Contractor and shall be in the form
annexed to the Particular Conditions, as stipulated by the Employer in
the Contract Data, or in another form approved by the Employer.
In the case of a joint venture/consortium, the guarantee may be

submitted by a joint venture/consortium or by the individual members
of the joint venture/consortium. However, all members shall remain
jointly and severally liable for the fulfilment of any obligation required
as per the Contract.
The Contractor shall ensure that the Performance Security is valid and
enforceable until the Contractor has executed and completed the
Works and remedied any defects. If the terms of the Performance
Security specify its expiry date, and the Contractor has not become
entitled to receive the Performance Certificate by the date 28 days
prior to the expiry date, the Contractor shall extend the validity of the
Page 19 of 69
Performance Security until the Works have been completed and any
defects have been remedied.
The Employer shall not make a claim under the Performance Security,
except for amounts to which the Employer is entitled under the
Contract.
The Employer shall indemnify and hold the Contractor harmless

against and from all damages, losses and expenses (including legal
fees and expenses) resulting from a claim under the Performance
Security to the extent to which the Employer was not entitled to make
the claim.
The Employer shall return the Performance Security to the Contractor

within 21 days after receiving a copy of the Performance Certificate.
Without limitation to the provisions of the rest of this sub-clause,

whenever the Engineer determines an addition or a reduction to the
Contract Price as a result of a change in cost and/or legislation, or as a
result of a Variation amounting to more than 25 percent of the portion
of the Contract Price payable in a specific currency, the Contractor
shall at the Engineer’s request promptly increase, or may decrease, as
the case may be, the value of the Performance Security in that currency
by an equal percentage.
In the event the Contractor fails to provide the Performance Security

within 28 days from the date of receiving of the LOA, it may seek an
extension of time for providing the performance security for a period
not exceeding a further 15 days, duly extending Bid Security
accordingly, on payment of damages for such extended period in a
sum calculated at the rate of 0.005% of the Accepted Contract
Amount, less provisional sums, for each day until the Performance
Security is provided.
Sub-Clause 4.3 In the second paragraph, add “in terms of Sub-Clause 6.9
Contractor’s [Contractor’s Personnel]” after “revoked”.
Representative
In the 7th paragraph, “and all these persons” is deleted.
Add the following paragraph at the end of the sub-clause:
“If the Contractor’s Representative’s delegates are not fluent in the

said language, the Contractor shall make competent interpreters
available during all working hours in a number deemed sufficient by
the Engineer.”
Sub-Clause 4.4 Replace the whole of sub-paragraph (a) with the following:
Subcontractors
Page 20 of 69
(a) the Contractor shall not be required to obtain consent to

suppliers solely of Materials, or to a subcontract for which
the Subcontractor is named in the Contract;
Add the following three paragraphs after the existing Sub-Clause 4.4
as a part of this sub-clause.
The Contractor shall ensure that the requirements imposed on the

Contractor by Sub-Clause 1.12 [Confidential Details] apply equally
to each Subcontractor.
Where practicable, the Contractor shall give fair and reasonable

opportunity for contractors from the Country to be appointed as
Subcontractors.
If a subcontractor’s obligations extend beyond the expiry date of the

relevant Defects Notification Period and the Engineer, prior to this
date, instructs the Contractor to assign the benefit of such obligations
to the Employer, then the Contractor shall do so. Unless otherwise
stated in the assignment, the Contractor shall have no liability to the
Employer for the work carried out by the subcontractor after the
assignment takes effect.
Sub-Clause 4.6 Replace the whole of second paragraph with the following:
Co-operation
Any such instruction shall constitute a Variation if and to the extent
that it causes the Contractor to suffer delays and/or to incur
Unforeseeable Cost. Services for these personnel and other
contractors may include the use of Contractor’s Equipment,
Temporary Works or access arrangements which are the
responsibility of the Contractor.
Sub-Clause 4.15 Add “at Base Date” after “to the Site” in the first sentence of the first
Access Route paragraph.
Add new Sub-Clause 4.25 after Sub-Clause 4.24 as follows;
Sub-Clause 4.25 Sub-Clause 4.25 Milestone

Milestone
If no Milestones are specified in the Contract Data, this sub-clause
shall not apply.
The Contractor shall complete the works of each Milestone (including

all work which is stated in the Employer’s Requirements as being
required for the Milestone to be considered complete) within the time
for completion of the Milestone as stated in the Contract Data,
calculated from the Commencement Date.
The Contractor shall include, in the detailed time programme and each
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revised programme, under Sub-Clause 8.3 [Programme], the time for

completion for each Milestone.
The Contractor shall apply, by notice to the Engineer, for a Milestone

Certificate not earlier than 14 days before the works of a Milestone
will, in the Contractor’s opinion, be complete. The Engineer shall
within 28 days after receiving the Contractor’s notice:
(a) issue the Milestone Certificate to the Contractor, stating the

date on which the works of the Milestone were completed
in accordance with the Contract, except for any minor
outstanding work and defects (as shall be listed in the
Milestone Certificate); or
(b) reject the application, giving reasons and specifying the
work required to be done and defects required to be
remedied by the Contractor to enable the Milestone
Certificate to be issued.
The Contractor shall then complete the work referred to in Sub-

paragraph (b) of this sub-clause before issuing a further notice of
application under this sub-clause.
If the Engineer fails either to issue the Milestone Certificate or to

reject the Contractor’s application within the above period of 28 days,
and if the works of a Milestone are complete in accordance with the
Contract, the Milestone Certificate shall be deemed to have been
issued on the date which is 14 days after the date stated in the
Contractor’s notice of application.
Sub-Clause 6.1 Add the following paragraph after the existing Sub-Clause 6.1 as a
Engagement of part of this sub-clause.
Staff and Labour
The Contractor is encouraged, to the extent practicable and
reasonable, to employ staff and labour with appropriate qualifications
and experience from sources within the Country.
Rates of Wages part of this sub-clause.
and Conditions of
Labour The Contractor shall inform the Contractor’s Personnel about their
liability to pay personal income taxes in the Country in respect of such
of their salaries, wages, allowances and any benefits as are subject to
tax under the Laws of the Country for the time being in force, and the
Contractor shall perform such duties in regard to such deductions
thereof as may be imposed on him by such laws.
Working Hours
“No work shall be carried out on the Site on locally recognized days
Page 22 of 69
of rest, or outside the normal working hours stated in the Contract

Data, unless:
(a) otherwise stated in the Contract,

(b) the Engineer gives consent,
(c) the work is unavoidable, or necessary for the protection of life
or property or for the safety of the Works, in which case the
Contractor shall immediately advise the Engineer, or
(d) the work under multiple shifts outside the normal working hours
is notified to the Engineer with seven (7) days prior notice,
subject to prior necessary permissions obtained from local
authorities, if required.
Sub-Clause 6.7 Add the following three paragraphs after the existing Sub-Clause 6.7
Health and Safety as a part of this sub-clause.
HIV-AIDS Prevention. The Contractor shall conduct an HIV-AIDS

awareness programme via an approved service provider and shall
undertake such other measures as are specified in this Contract to
reduce the risk of the transfer of the HIV virus between and among
the Contractor’s Personnel and the local community, to promote early
diagnosis and to assist affected individuals.
The Contractor shall throughout the contract (including the Defects

Notification Period): (i) conduct Information, Education and
Communication (IEC) campaigns, at least every other month,
addressed to all the Site staff and labour (including all the Contractor's
employees, all Subcontractors and any other Contractor’s or
Employer’s personnel, and all truck drivers and crew making
deliveries to Site for construction activities) and to the immediate
local communities, concerning the risks, dangers and impact, and
appropriate avoidance behaviour with respect to, of Sexually
Transmitted Diseases (STD) - or Sexually Transmitted Infections
(STI) in general and HIV/AIDS in particular; (ii) provide male or
female condoms for all Site staff and labour as appropriate; and (iii)
provide for STI and HIV/AIDS screening, diagnosis, counselling and
referral to a dedicated national STI and HIV/AIDS programme,
(unless otherwise agreed) of all Site staff and labour.
The Contractor shall include in the programme to be submitted for the
execution of the Works under Sub-Clause 8.3 an alleviation
programme for Site staff and labour and their families in respect of
Sexually Transmitted Infections (STI) and Sexually Transmitted
Diseases (STD) including HIV/AIDS. The STI, STD and HIV/AIDS
alleviation programme shall indicate when, how and at what cost the
Contractor plans to satisfy the requirements of this sub-clause and the
related Employer’s Requirements. For each component, the
programme shall detail the resources to be provided or utilized and
any related sub-contracting proposed.
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Add new Sub-Clauses 6.12, 6.13, 6.14, 6.15, 6.16, 6.17, 6.18, 6.19,
6.20, 6.21, 6.22, 6.23 and 6.24 after Sub-Clause 6.11 as follows:
Sub-Clause 6.12 Sub-Clause 6.12 Foreign Personnel

Foreign
Personnel The Contractor may bring in to the Country any foreign personnel
who are necessary for the execution of the Works to the extent
allowed by the applicable Laws. The Contractor shall ensure that these
personnel are provided with the required residence visas and work
permits. The Employer will, if requested by the Contractor, use his
best endeavours in a timely and expeditious manner to assist the
Contractor in obtaining any local, state, national, or government
permission required for bringing in the Contractor’s personnel.
The Contractor shall be responsible for the return of these personnel

to the place where they were recruited or to their domicile. In the event
of the death in the Country of any of these personnel or members of
their families, the Contractor shall similarly be responsible for making
the appropriate arrangements for their return or burial.
Sub-Clause 6.13 Sub-Clause 6.13 Supply of Foodstuffs

Supply of
Foodstuffs The Contractor shall arrange for the provision of a sufficient supply
of suitable food at reasonable prices for the Contractor’s Personnel
for the purposes of or in connection with the Contract.
Sub-Clause 6.14 Sub-Clause 6.14 Supply of Water

Supply of Water
The Contractor shall, having regard to local conditions, provide on
the Site an adequate supply of drinking and other water for the use
of the Contractor’s Personnel.
Sub-Clause 6.15 Sub-Clause 6.15 Measures against Insect and Pest Nuisance
Measures against
Insect and Pest The Contractor shall at all times take the necessary precautions to
Nuisance protect the Contractor’s Personnel employed on the Site from insect
and pest nuisance, and to reduce the danger to their health. The
Contractor shall comply with all the regulations of the local health
authorities, including use of appropriate insecticide.
Sub-Clause 6.16 Sub-Clause 6.16 Alcoholic Liquor or Drugs

Alcoholic Liquor
or Drugs The Contractor shall not, otherwise than in accordance with the Laws
of the Country, import, sell, give, barter or otherwise dispose of any
alcoholic liquor or drugs, or permit or allow importation, sale, gift,
barter or disposal thereto by Contractor’s Personnel.
Sub-Clause 6.17 Sub-Clause 6.17 Arms and Ammunition

Arms and
Ammunition The Contractor shall not give, barter, or otherwise dispose of, to any
Page 24 of 69
person, any arms or ammunition of any kind, or allow Contractor’s

Personnel to do so.
Sub-Clause 6.18 Sub-Clause 6.18 Festival and Religious Customs

Festival and
Religious The Contractor shall respect the Country’s recognized festivals, days
Customs of rest and religious or other customs.
Sub-Clause 6.19 Sub-Clause 6.19 Funeral Arrangements

Funeral
Arrangements The Contractor shall be responsible, to the extent required by local
regulations, for making any funeral arrangements for any of his local
employees who may die while engaged upon the Works.
Sub-Clause 6.20 Sub-Clause 6.20 Forced Labour

Forced Labour
The Contractor shall not employ forced labour, which consists of any
work or service, not voluntarily performed, that is exacted from an
individual under threat of force or penalty, and includes any kind of
involuntary or compulsory labour, such as indentured labour, bonded
labour or similar labour-contracting arrangements.
Sub-Clause 6.21 Sub-Clause 6.21 Child Labour

Child Labour
The Contractor shall not employ children as per applicable Laws to
the Contractor in a manner that is economically exploitative, or is
likely to be hazardous, or to interfere with, the child’s education, or to
be harmful to the child’s health or physical, mental, spiritual, moral,
or social development. Where the relevant labour laws of the Country
have provisions for employment of minors, the Contractor shall
follow those laws applicable to the Contractor.
Children below the age of 18 years shall not be employed in

dangerous work.
Sub-Clause 6.22 Sub-Clause 6.22 Employment Records of Workers

Employment
Records of The Contractor shall keep complete and accurate records of the
Workers employment of labour at the Site. The records shall include the names,
ages, genders, hours worked and wages paid to all workers. These
records shall be summarised on a monthly basis and submitted to the
Engineer. These records shall be included in the details to be
submitted by the Contractor under Sub-Clause 6.10 [Records of
Contractor’s Personnel and Equipment].
Sub-Clause 6.23 Sub-Clause 6.23 Workers’ Organisations

Workers’
Organisations In countries where the relevant labour laws recognize workers’ rights
to form and to join workers’ organizations of their choosing without
interference and to bargain collectively, the Contractor shall comply
Page 25 of 69
with such laws. Where the relevant labour laws substantially restrict
workers’ organizations, the Contractor shall enable alternative means
for the Contractor’s Personnel to express their grievances and protect
their rights regarding working conditions and terms of employment.
In either case described above, and where the relevant labour laws are
silent, the Contractor shall not discourage the Contractor’s Personnel
from forming or joining workers’ organizations of their choosing or
from bargaining collectively and shall not discriminate or retaliate
against the Contractor’s Personnel who participate, or seek to
participate, in such organizations and bargain collectively. The
Contractor shall engage with such workers’ representatives. Workers’
organizations are expected to fairly represent the workers in the
workforce.
Sub-Clause 6.24 Sub-Clause 6.24 Non-Discrimination and Equal Opportunity

Non-
Discrimination The Contractor shall not make employment decisions on the basis of
and Equal personal characteristics unrelated to inherent job requirements. The
Opportunity Contractor shall base the employment relationship on the principle of
equal opportunity and fair treatment and shall not discriminate with
respect to aspects of the employment relationship, including
recruitment and hiring, compensation (including wages and benefits),
working conditions and terms of employment, access to training,
promotion, termination of employment or retirement, and discipline.
In countries where the relevant labour laws provide for non-
discrimination in employment, the Contractor shall comply with such
laws. When the relevant labour laws are silent on nondiscrimination
in employment, the Contractor shall meet this sub-clause’s
requirements. Special measures of protection or assistance to remedy
past discrimination or selection for a particular job based on the
inherent requirements of the job shall not be deemed discrimination.
Sub-Clause 7.7 Insert “Except as otherwise specified in the Contract” at the beginning
Ownership of of the first paragraph.
Plant and
Materials
Replace the whole of sub-paragraph (b) with the following:
(b) when the Contractor is paid the corresponding value of the

Plant and Materials under Sub-Clause 8.10 [Payment for Plant
and Materials in Event of Suspension].
Commencement
of Works The Commencement Date shall be the date at which the following
precedent conditions have all been fulfilled and the Engineer’s
notification recording the agreement of both Parties on such
fulfilment and instructing to commence the Work is received by the
Contractor:
Page 26 of 69
(a) Signature of the Contract Agreement by both Parties, and if

required, approval of the Contract by relevant authorities of
the Country;
(b) delivery to the Contractor of reasonable evidence of the
Employer’s Financial arrangements (under Sub-Clause 2.4
[ Employer’s Financial Arrangements]);
(c) except if otherwise specified in the Contract Data, effective
access to and possession of the Site given to the Contractor
together with such permission(s) under (a) of Sub-Clause 1.13
[Compliance with Laws] as required for the commencement
of the Works.
If the said Engineer’s instruction is not received by the Contractor

within 180 days from his receipt of the Letter of Acceptance, the
Contractor shall be entitled to terminate the Contract under Sub-
Clause 16.2 [Termination by Contractor].
The Contractor shall commence the design and execution of the

Works as soon as is reasonably practicable after the Commencement
Date and shall then proceed with the Works with due expedition and
without delay.
Sub-Clause 8.2 The following paragraph shall be added at the end of Sub-Clause 8.2:
Time for
Completion The Contractor shall complete each Milestone (if any) within the
Time for Completion for the Milestone (as case may be), including
completing all work which is stated in the Contract as being required
for the Milestone to be considered to be completed for the issuance of
Milestone Certificate under Sub-Clause 4.25 [Milestone].
Sub-Clause 8.4 Replace the entire first paragraph of Sub-Clause 8.4 with the
Extension of following:
Time for
Completion The Contractor shall be entitled subject to Sub-Clause 20.1
[Contractor’s Claims] to an extension of Time for Completion if and
to the extent that completion for the purpose of Sub-Clause 10.1
[Taking Over of the Works and Sections] or the issuance of Milestone
Certificate under Sub-Clause 4.25 [Milestone] is or will be delayed
by any of the following causes:
Rate of Progress part of this Sub-Clause.
Additional costs of revised methods including acceleration measures,

instructed by the Engineer to reduce delays resulting from causes
listed under Sub-Clause 8.4 [Extension of Time for Completion] shall
be paid by the Employer, without generating, however, any other
additional payment benefit to the Contractor.
Page 27 of 69
Delay Damages following:
If the Contractor fails to comply with Sub-Clause 8.2 [Time for

Completion], the Contractor shall subject to notice under Sub-Clause
2.5 [Employer’s Claims] pay delay damages to the Employer for this
default. These delay damages shall be the sum stated in the Contract
Data, which shall be paid for every day which shall elapse between
the relevant Time for Completion and the date stated in the Taking-
Over Certificate or the Milestone Certificate. However, the total
amount due under this sub-clause shall not exceed the maximum
amount of delay damages (if any) stated in the Contract Data.
Resumption of
Work After the permission or instruction to proceed is given, the Contractor
and the Engineer shall jointly examine the Works and the Plant and
Materials affected by the suspension. The Contractor shall make good
any deterioration or defect in or loss of the Works or Plant or
Materials, which has occurred during the suspension after receiving
from the Engineer an instruction to this effect under Clause 13
[Variations and Adjustments].
Sub-Clause 11.3 Replace the first paragraph of Sub-Clause 11.3 with the following:
Extension of
Defects The Employer shall be entitled subject to Sub-Clause 2.5 [Employer’s
Notification Claims] to an extension of the Defects Notification Period for the
Period Works or a Section if and to the extent that the Works, Section or a
major item of Plant (as the case may be, and after taking over) cannot
be used for the purposes for which they are intended by reason of a
defect or by reason of damage attributable to the Contractor.
However, a Defects Notification Period shall not be extended by more
than two years.
Sub-Clause 13.5 Replace the sub-paragraph (b) with the following:

Provisional Sums
(b) Plant, Materials or services to be purchased by the Contractor,
from a nominated Subcontractor (as defined in Sub-Clause 4.5
[Nominated Subcontractors] or otherwise; and for which there
shall be included in the Contract Price:
(i) the actual amounts paid (or due to be paid) by the

Contractor, and
(ii) a sum for overhead charges and reasonable profit,
calculated as a percentage of these actual amounts by
applying the relevant percentage rate (if any) stated in the
appropriate Schedule. If there is no such rate, the
percentage rate stated in the Contract Data shall be
applied.
Page 28 of 69
Add the following paragraph after the existing Sub-Clause 13.5 as a

part of this sub-clause.
As an exception to the above, the Provisional Sum for the cost of the
DB shall be used for payments to the Contractor of the Employer’s
share (one-half) of the invoices of the DB for its fees and expenses, in
accordance with Sub-Clause 20.2 [Appointment of Dispute Board].
No prior instruction of the Engineer shall be required with respect to
the work of the DB. The Contractor shall produce the DB invoices
and satisfactory evidence of having paid 100% of such invoices as
part of the substantiation of those Statements submitted under Sub-
Clause 14.3, which contain requests for payment under the
Provisional Sum toward the cost of the DB. The Engineer’s
certification of such Statements shall be based upon such invoices and
such evidence of payment by the Contractor. Contractor’s overhead,
reasonable profit, etc., shall not be included in the provisional sums
for the cost of the DB.
Adjustments for part of this sub-clause.
Changes in
Legislation Notwithstanding the foregoing, the Contractor shall not be entitled to
an extension of time if the relevant delay has already been taken into
account in the determination of a previous extension of time and such
Cost shall not be separately paid if the same shall already have been
taken into account in the indexing of any inputs to the table of
adjustment data in accordance with the provisions of Sub-Clause 13.8
[Adjustments for Changes in Cost].
Adjustments for
Changes in Cost In this sub-clause, “Schedule of Adjustment Data” means the
completed table of adjustment data for local and foreign currencies
included in the Schedule of Payment Currencies. If there is no such
table of adjustment data, this sub-clause shall not apply.
Replace each “table of adjustment data” with “Schedule of

Adjustment Data”.
Sub-Clause 13.9 Sub-Clause 13.9 Adjustments for Changes of Quantity in Re-bar

Adjustments for for Standard Design
Changes of
Quantity in Re- Adjustments for variations in re-bar will only be made for Standard
bar for Standard Design (SD) that does not contain the drawings for these elements in
Design the Contract on the date when the Parties have entered into the
Contract. The adjustments for an increase or decrease of the Contract
Page 29 of 69
Price due to the cost of re-bar shall be determined for such SD where
these drawings are provided after entering into the Contract. The
adjustment is to be made to the amounts of the Price Schedule of the
Price Bid offered by the Contractor as part of the Contract Price for
the SD in the following manner:
(a) For the SD described above (i.e., SD without re-bar

drawings), the weight of re-bar will be estimated by the
Contractor applying the “Rebar Coefficient Tables for
Standard Design” of the Price Bid. This will then be
compared with the weight of re-bar assessed from the
drawings for the same SD provided after the Parties have
entered into the Contract and the difference in quantities
calculated. The differences in quantities are then multiplied
by the relevant rates in the “Schedule of Rates” of the Price
Bid to determine the amount of increase or decrease in the
price of each SD in tabular form for the approval of the
Engineer.
(b) After the Contactor has submitted to and received from the
Engineer approval for the Construction Designs (CD), the
Contractor shall then allocate the abovementioned SD to the
relevant CD and calculate in tabular form the total price
variation per CD for the Engineer’s approval.
(c) Payment for the abovementioned adjustments shall be carried

out after completion of all the CD incorporating all of the
abovementioned SD as per sub-paragraph (a) of Sub-Clause
14.3 [Application for Interim Payment Certificate].
The Contract part of this sub-clause.
Price
Notwithstanding the provisions of subparagraph (b), Contractor’s
Equipment, including essential spare parts therefor, imported by the
Contractor for the sole purpose of executing the Contract shall be
governed by the prevailing laws in this regard.
Advance
Payment The Employer shall make an advance payment, as an interest-free loan
for mobilisation and design, when the Contractor submits a guarantee
in accordance with this Sub-Clause. The total advance payment, the
number and timing of instalments (if more than one), and the
applicable currencies and proportions, shall be as stated in the
Contract Data. The advance payment will be made on submission of
an unconditional bank guarantee for an amount equivalent to the
component of the advance payment requested by the Contractor. Such
Page 30 of 69
bank guarantee can be split into six guarantees to be released on

repayment.
In case of joint venture/consortium, the guarantee may be submitted

to the name of joint venture/consortium or to the individual name of
members of the joint venture/consortium, however all members shall
remain jointly and severally liable for the fulfilment of any obligation
required as per the contract.
Replace the fifth paragraph of Sub-Clause 14.2 with the following:
Unless stated otherwise in the Contract Data, the advance payment

shall be repaid through percentage deductions from the interim
payments determined by the Engineer in accordance with Sub-
Clause 14.6 [Issue of Interim Payment Certificates], as follows:
(a) deductions shall commence in the next interim Payment
Certificate following that in which the total of all certified
interim payments (excluding the advance payment and
deductions and repayments of retention) exceeds thirty
percent (30%) in the respective currencies of the Accepted
Contract Amount less Provisional Sums; and
(b) deductions shall be made at the amortization rate stated in the

Contract Data of the amount of each Interim Payment
Certificate (excluding the advance payment and deductions
for its repayments as well as deductions for retention money)
in the currencies and proportions of the advance payment until
such time as the advance payment has been repaid; provided
that the advance payment shall be completely repaid prior to
the time when ninety percent (90%) in the respective
currencies of the Accepted Contract Amount less Provisional
Sums has been certified for payment.
Sub-Clause 14.3 Add new Sub-Clauses 14.3(h) after Sub-Clause 14.3(g) as follows:
Application for
Interim Payment (h) 90% amount of the statement amount as agreed by the Engineer
Certificates for provisional payment in accordance with Sub-Clause 14.7(d)
Issue of Interim
Payment No amount will be certified or paid until the Employer has received
Certificates and approved the Performance Security. Thereafter, the Engineer
shall, within 28 days after receiving a Statement and supporting
documents, deliver to the Employer and to the Contractor an Interim
Payment Certificate which shall state the amount which the Engineer
fairly determines to be due, with all supporting particulars for any
reduction or withholding made by the Engineer on the Statement if
any and shall include any amounts due to or from the Contractor in
Page 31 of 69
accordance with a decision by the DB made under Sub-Clause 20.4

[Obtaining Dispute Board’s Decision].
Insert, between the first and second paragraphs of Sub-Clause 14.6,

the following paragraph:
However, for Provisional Payment specified in Sub-Clause 14.7 (d)

(i), the Engineer shall evaluate, within 7 days after receiving a
Statement and supporting documents, deliver to the Employer and to
the Contractor a Provisional Interim Payment Certificate which shall
state the amount which the Engineer fairly determines to be due, with
all supporting particulars for any deduction or withholding made by
the Engineer on the Statement, if any.
Sub-Clause 14.7 Replace the sub-paragraphs (b) and (c), and add one paragraph (d) and
Payment its sub-paragraphs, with the following:
(b) the amount certified in each Interim Payment Certificate

within 56 days after the Engineer receives the Statement and
supporting documents; or, at a time when the Bank’s loan or
credit (from which part of the payments to the Contractor is
being made) is suspended, the amount shown on any statement
submitted by the Contractor within 14 days after such
statement is submitted, any discrepancy being rectified in the
next payment to the Contractor including any amounts due in
accordance with a decision by the DB which have been
included in the Interim Payment Certificate; and,
(c) the amount certified in the Final Payment Certificate within
56 days after the Employer receives this Payment Certificate;
or, at a time when the Bank’s loan or credit (from which part
of the payments to the Contractor is being made) is suspended,
the undisputed amount shown in the Final Statement within 56
days after the date of notification of the suspension in
accordance with Sub-Clause 16.2 [Termination by
Contractor].
(d) As for provisional amount against the Statement specified in
Sub-Clause 14.3:
(i) The Employer shall pay 90% of such amount as

provisional payment within 7 days from the receipt of
evaluated statement from the Engineer. The balance of the
amount shall be paid by the Employer as per Sub-Clause
14.7 (b);
(ii) If the Contractor chooses payment through the
Commitment Procedure, then the provisional payment
clause shall not apply and then the payment shall be made
within 56 days after the Engineer receives the statement
and supporting documents; and,
(iii) It shall be the responsibility of the Contractor to claim an
Page 32 of 69
amount for the performed services as admissible as per

the Contract. If at any time it is observed by the Engineer
that the amount claimed in the Statement are higher than
the actual admissible performance, the facility of
provisional payment will be withheld until such time the
excess payment paid is adjusted in the subsequent Interim
Payment Certificate. In such a case, warning letter will be
issued to the Contractor.
Add new paragraphs after the last paragraph as follows:
Payment to the Contractor of the foreign as well as local currency

portions shall be made by using the Reimbursement Procedure for
Japanese ODA Loans unless the Contractor chooses payment through
the Commitment Procedure for foreign currency portion.
https://www.jica.go.jp/english/our_work/types_of_assistance/oda_lo
ans/oda_op_info/procedure/index.html
The payment by the Employer shall be made in the designated

currency to the dedicated ‘Contract Specific Bank Account’ to be
opened by the Contractor for credit of advances and all other
payments received from the Employer under this Contract and for
expenditures/debits made/to-be-made for the purpose of execution of
the Works pertaining to this Contract. The details of the Contract
Specific Bank Account will be specified after the award of work.
Payment to the Contractor which is not to be covered by the JICA

ODA Loan shall also be made to the dedicated ‘Contract Specific
Bank Account’.
Responsibility for the payment of Bank Charges shall be with the
Employer.
Sub-Clause 14.8 Replace the second paragraph of Sub-Clause 14.8 with the following:
Delayed Payment
Unless otherwise stated in the Contract Data, these financing charges
shall be calculated at the annual rate of three percentage points above
the discount rate of the central bank in the country of the currency of
payment, or if not available, the interbank offered rate, and shall be
paid in such currency.
Payment of following two paragraphs.
Retention Money
When the Taking-Over Certificate has been issued for the Works, and
the Works have passed all specified tests, the first half of the Retention
Money shall be certified by the Engineer for payment to the
Contractor. If a Taking-Over Certificate is issued for a Section, the
relevant percentage of the first half of the Retention Money shall be
Page 33 of 69
certified and paid when the Section passes all tests.
The Contractor may substitute the Retention Money deducted from

Interim Payment Certificates with an unconditional bank guarantee
issued by any bank nationalized or scheduled by the Government of
India or any Japanese bank having corresponding arrangements with
the Indian bank of equivalent amount for the respective currency
portions provided that the refund shall be made in tranches of 1% of
the Contract Price. The bank guarantees shall be valid and enforceable
until the Contractor has executed and completed the Works and
remedied any defects, as specified for the Performance Security in
Sub-Clause 4.2. The Contractor may submit such bank guarantee in
advance to avoid deduction of Retention Money from Interim
Payment Certificate.
Add the following two paragraphs after the existing Sub-Clause 14.9
as a part of this sub-clause.
When the Taking-Over Certificate has been issued and the first half
of total of the Retention Money has been certified for payment by the
Engineer, the Contractor shall be entitled to substitute a guarantee, in
the form annexed to the Particular Conditions or in another form
approved by the Employer and issued by any bank nationalized or
scheduled by the Government of India or any Japanese bank having
corresponding arrangements with the Indian bank for the second half
of the Retention Money. The Contractor shall ensure that the
guarantee is in the amounts and currencies of the second half of the
Retention Money and is valid and enforceable until the Contractor has
executed and completed the Works and remedied any defects, as
specified for the Performance Security in Sub-Clause 4.2. On receipt
by the Employer of the required guarantee, the Engineer shall certify,
and the Employer shall pay the second half of the Retention Money.
The release of the second half of the Retention Money against a
guarantee shall then be in lieu of the release under the third paragraph
of this Sub-Clause. The Employer shall return the guarantee to the
Contractor within 21 days after receiving a copy of the Performance
Certificate.
If the Performance Security required under Sub-Clause 4.2 is in the

form of a demand guarantee, and the amount guaranteed under it when
the Taking-Over Certificate is issued is more than half of the
Retention Money, then the Retention Money guarantee will not be
required. If the amount guaranteed under the Performance Security
when the Taking-Over Certificate is issued is less than half of the
Retention Money, the Retention Money guarantee will only be
required for the difference between half of the Retention Money and
the amount guaranteed under the Performance Security.
Sub-Clause 14.11 Replace the second paragraph of Sub-Clause 14.11 with the
Page 34 of 69
Application for following:

Final Payment
Certificate If the Engineer disagrees with or cannot verify any part of the draft
final statement, the Contractor shall submit such further information
as the Engineer may reasonably require within 28 days from receipt
of said draft and shall make such changes in the draft as may be agreed
between them. The Contractor shall then prepare and submit to the
Engineer the final statement as agreed. This agreed statement is
referred to in these Conditions as the “Final Statement”.
Issue of Final
Payment Within 28 days after receiving the Final Statement and discharge in
Certificate accordance with Sub-Clause 14.11 [ Application for Final Payment
Certificate] and Sub-Clause 14.12 [Discharge], the Engineer shall
deliver, to the Employer and to the Contractor, the Final Payment
Certificate which shall state:
(a) the amount which he fairly determines is finally due, and

(b) after giving credit to the Employer for all amounts previously
paid by the Employer and for all sums to which the Employer
is entitled, the balance (if any) due from the Employer to the
Contractor or from the Contractor to the Employer, as the case
may be.
Sub-Clause 14.15 Replace the entire Sub-Clause 14.15 with the following:
Currencies of
Payment The Contract Price shall be paid in the currency or currencies named
in which the bid price was expressed in the Letter of Bid. If more
than one currency is so named, payments shall be made as follows:
(a) payment of the damages specified in Sub-Clause 8.7 [Delay

Damage], shall be made in currencies and proportions
specified in the Letter of Bid;
(b) other payments to the Employer by the Contractor shall be
made in the currency in which the sum was expended by the
Employer, or in such currency as may be agreed by both
Parties;
(c) if any amount payable by the Contractor to the Employer in a
particular currency exceeds the sum payable by the Employer
to the Contractor in that currency, the Employer may recover
the balance of this amount from the sums otherwise payable
to the Contractor in other currencies; and
(d) the applicable rates of exchange shall be the reference rate of
RBI prevailing on the Base Date.
Add new Sub-Clause 14.16 after Sub-Clause 14.15 as follows:
Sub-Clause 14.16 Sub-clause 14.16 Payment to JV/Consortium

Payment to Joint
Page 35 of 69
Venture/ The payment shall be made to the joint venture/consortium. However,

Consortium in case of joint venture/consortium, the direct payment to individual
members of joint venture/consortium can be made; on joint
certification by the Representative of the joint venture/consortium and
authorized representative of individual members of the joint
venture/consortium, after making requisite recoveries/deductions
from the gross payment. In this case, a notarized agreement jointly
signed by authorised representatives of all the members of the joint
venture/consortium to this effect need to be submitted to the Employer
on Commencement of the Works.
Employer’s
Entitlement to The Employer shall be entitled to terminate the Contract, at any time
Termination for for the Employer’s convenience, by giving notice of such termination
Convenience to the Contractor. The termination shall take effect 28 days after the
later of the dates on which the Contractor receives this notice or the
Employer returns the Performance Security. The Employer shall not
terminate the Contract under this Sub-clause in order to execute the
Works himself or to arrange for the Works to be executed by another
contractor or to avoid a termination of the Contract by the Contractor
under Clause 16.2 [Termination by Contractor].
Sub-Clause 15.6 Sub-Clause 15.6 Corrupt or Fraudulent Practice

Corrupt or
Fraudulent If the Employer determines, based on reasonable evidence, that the
Practices Contractor has engaged in corrupt, fraudulent, collusive or coercive
practices, in competing for or in executing the Contract, then the
Employer may, after giving 14 days’ notice to the Contractor,
terminate the Contract and expel him from the Site, and the provisions
of Clause 15 shall apply as if such expulsion had been made under
Sub-Clause 15.2 [Termination by Employer].
Should any employee of the Contractor be determined to have

engaged in corrupt, fraudulent or coercive practice during the
execution of the Works, then that employee shall be removed in
accordance with Sub-Clause 6.9 [Contractor’s Personnel].
Sub-Clause 16.1 Insert the following paragraph between the first and second
Contractor’s paragraphs of Sub-Clause 16.1:
Entitlement to
Suspend Work Notwithstanding the above, if the Bank has suspended disbursements
under the loan or credit from which payments to the Contractor are
being made, in whole or in part, for the execution of the Works, and
no alternative funds are available as provided for in Sub-Clause 2.4
[Employer’s Financial Arrangements], the Contractor may by notice
suspend work or reduce the rate of work at any time, but not less than
7 days after the Borrower having received the suspension notification
Page 36 of 69
from the Bank.
Termination by
Contractor The Contractor shall be entitled to terminate the Contract if:
(a) the Contractor does not receive the reasonable evidence within
42 days after giving notice under Sub-Clause 16.1
[Contractor’s Entitlement to Suspend Work] in respect of a
failure to comply with Sub-Clause 2.4 [Employer’s Financial
Arrangements],
(b) the Engineer fails, within 56 days after receiving a Statement
and supporting documents, to issue the relevant Payment
Certificate,
(c) the Contractor does not receive the amount due under an
Interim Payment Certificate within 42 days after the expiry of
the time stated in Sub-Clause 14.7 [Payment] within which
payment is to be made (except for deductions in accordance
with Sub-Clause 2.5 [Employer’s Claims]),
(d) the Employer substantially fails to perform his obligations
under the Contract in such manner as to materially and
adversely affect the economic balance of the Contract and/or
the ability of the Contractor to perform the Contract,
(e) the Employer fails to comply with Sub-Clause 1.6 [Contract
Agreement] or Sub-Clause 1.7 [Assignment],
(f) a prolonged suspension affects the whole of the Works as
described in Sub-Clause 8.11 [Prolonged Suspension],
(g) the Employer becomes bankrupt or insolvent, goes into
liquidation, has a receiving or administration order made
against him, compounds with his creditors, or carries on
business under a receiver, trustee or manager for the benefit of
his creditors, or if any act is done or event occurs which (under
applicable Laws) has a similar effect to any of these acts or
events,
(h) the Contractor does not receive the Engineer’s instruction
recording the agreement of both Parties on the fulfillment of
the conditions for the Commencement of Works under Sub-
Clause 8.1 [ Commencement of Works].
In any of these events or circumstances, the Contractor may, upon

giving 14 days’ notice to the Employer, terminate the Contract.
However, in the case of subparagraph (f) or (g), the Contractor may
by notice terminate the Contract immediately.
In the event the Bank suspends the loan or credit from which part or
whole of the payments to the Contractor are being made, if the
Contractor has not received the sums due to him upon expiration of
the 14 days referred to in Sub-Clause 14.7 [Payment] for payments
under Interim Payment Certificates, the Contractor may, without
prejudice to the Contractor’s entitlement to financing charges under
Page 37 of 69
Sub-Clause 14.8 [Delayed Payment], take one of the following

actions, namely (i) suspend work or reduce the rate of work under
Sub-Clause 16.1 above, or (ii) terminate the Contract by giving notice
to the Employer, with a copy to the Engineer, such termination to take
effect 14 days after the giving of the notice.
The Contractor’s election to terminate the Contract shall not prejudice

any other rights of the Contractor, under the Contract or otherwise.
Sub-Clause 17.1 Replace the sub-paragraph (b), including (i) and (ii), of Sub-Clause
Indemnities 17.1 with the following:
(b) damage to or loss of any property, real or personal (other than the
Works), to the extent that such damage or loss arises out of or in
the course of or by reason of the design, the execution and
completion of the Works and the remedying of any defects, unless
and to the extent that any such damage or loss is attributable to any
negligence, willful act or breach of the Contract by the Employer,
the Employer’s Personnel, their respective agents, or anyone
directly or indirectly employed by any of them.
Sub-Clause 17.3 Replace the sub-paragraphs (b) and (c) of Sub-Clause 17.3 with the
Employer’s Risks following:
(b) rebellion, terrorism, sabotage by persons other than the
Contractor’s Personnel, revolution, insurrection, military or
usurped power, or civil war, within the Country,
(c) riot, commotion or disorder within the Country by persons
other than the Contractor’s Personnel,
Limitation of
Liability Neither Party shall be liable to the other Party for loss of use of any
Works, loss of profit, loss of any contract or for any indirect or
consequential loss or damage which may be suffered by the other
Party in connection with the Contract, other than as specifically
provided in Sub-Clause 8.7 [ Delay Damages ]; Sub-Clause 11.2
[ Cost of Remedying Defects ]; Sub-Clause 15.4 [ Payment after
Termination ]; Sub-Clause 16.4 [Payment on Termination ]; Sub-
Clause 17.1 [ Indemnities]; Sub-Clause 17.4(b) [ Consequences of
Employer’s Risks ] and Sub-Clause 17.5 [ Intellectual and Industrial
Property Rights ].
The total liability of the Contractor to the Employer, under or in

connection with the Contract other than under Sub-Clause 4.19
[Electricity, Water and Gas], Sub-Clause 4.20 [Employer’s
Equipment and Free-Issue Materials ], Sub-Clause 17.1 [Indemnities]
and Sub-Clause 17.5 [ Intellectual and Industrial Property Rights],
shall not exceed the sum resulting from the application of a multiplier
(less or greater than one) to the Accepted Contract Amount, as stated
in the Contract Data, or (if such multiplier or other sum is not so
Page 38 of 69
stated), the Accepted Contract Amount.
This sub-clause shall not limit liability in any case of fraud, deliberate
default or reckless misconduct by the defaulting Party.
Sub-Clause 17.7 Sub-Clause 17.7 Use of Employer’s Accommodation/Facilities

Use of
Employer’s The Contractor shall take full responsibility for the care of the
Accommodation Employer-provided accommodation and facilities, if any, as detailed
/Facilities in the Employer’s Requirements, from the respective dates of hand-
over to the Contractor until cessation of occupation (where hand-over
or cessation of occupation may take place after the date stated in the
Taking-Over Certificate for the Works).
If any loss or damage happens to any of the above items while the
Contractor is responsible for their care arising from any cause
whatsoever other than those for which the Employer is liable, the
Contractor shall, at his own cost, rectify the loss or damage to the
satisfaction of the Engineer.
Sub-Clause 18.1 Replace the third paragraph of Sub-Clause 18.1 with the following:
General
Requirements for Wherever the Employer is the insuring Party, each insurance shall be
Insurance effected with insurers and in terms acceptable to the Contractor. These
terms shall be consistent with any terms agreed by both Parties before
the date of the Letter of Acceptance. This agreement of terms shall
take precedence over the provisions of this clause.
Add the following paragraph after the existing Sub-Clause 18.1 as a

part of this sub-clause.
The Contractor shall be entitled to place all insurances relating to the

Contract (including, but not limited to the insurance referred to Clause
18) with insurers from any eligible source country.
Sub-Clause 18.2 Replace the sub-paragraph (d) of Sub-Clause 18.2 with the
Insurance for following:
Works and
(d) shall also cover, to the extent specifically required in the
Contractor’s
bidding documents of the Contract, loss or damage to a part of
Equipment
the Works which is attributable to the use or occupation by the
Employer of another part of the Works, and loss or damage
from the risks listed in sub-paragraphs (c), (g) and (h) of Sub-
Clause 17.3 [Employer’s Risks], excluding (in each case) risks
which are not insurable at commercially reasonable terms,
with deductibles per occurrence of not more than the amount
stated in the Contract Data (if an amount is not so stated, this
Page 39 of 69
sub-paragraph (d) shall not apply), and
Sub-Clause 18.4 Replace the second paragraph of Sub-Clause 18.4 with the following:
Insurance for
Contractor’s The insurance shall cover the Employer and the Engineer against
Personnel liability for claims, damages, losses and expenses (including legal
fees and expenses) arising from injury, sickness, disease or death of
any person employed by the Contractor or any other of the
Contractor’s Personnel, except that this insurance may exclude losses
and claims to the extent that they arise from any explicit act or neglect
of the Employer or of the Employer’s Personnel.
Sub-Clause 18.5 Sub-Clause 18.5 Insurance against Liability for Breach of

Insurance against Professional Duty
Liability for
Breach of To the extent that the Contractor is responsible for the design of part
Professional Duty of the Permanent Works under Sub-Clause 4.1 [Contractor’s General
Obligations], and/or any other design under the Contract, and
consistent with the indemnities specified in Clause 17 [Risk and
Responsibility]:
(a) the Contractor shall effect and maintain professional

indemnity insurance against liability arising out of any act,
error or omission by the Contractor in carrying out the
Contractor’s design obligations in an amount not less than the
amount as specified in the Contract Data; and,
(b) the professional indemnity insurance shall also indemnify the
Contractor against liability arising out of any act, error or
omission by the Contractor in carrying out the Contractor’s
design obligations under the Contract that results in the Works
(or Section or a part of the Works or a part of a Section or
major item of Plant, if any), when completed, not being fit for
the purpose(s) for which they are intended under Sub-Clause
4.1 [Contractor’s General Obligations]; and,
(c) the Contractor shall maintain the professional indemnity
insurance from the Commencement Date of the Works as
specified in the Contract Data.
Sub-Clause 19.1 Replace the sub-paragraphs (ii) and (iii) in the second paragraph of
Definition of Sub-Clause 19.1 with the following:
Force Majeure
(ii) rebellion, terrorism, sabotage by persons other than the
Contractor’s Personnel, revolution, insurrection, military or
usurped power, or civil war,
(iii) riot, commotion, disorder, strike or lockout by persons other
than the Contractor’s Personnel,
Sub-Clause 19.4 Replace the sub-paragraphs (b) of Sub-Clause 19.4 with the
Page 40 of 69
Consequences of following:
Force Majeure
(b) if the event or circumstance is of the kind described in sub-
paragraphs (i) to (iv) of Sub-Clause 19.1 [Definition of Force
Majeure] and, in the case of subparagraphs (ii) to (iv), occurs
in the Country, payment of any such Cost, including the costs
of rectifying or replacing the Works and/or Goods damaged or
destroyed by Force Majeure, to the extent they are not
indemnified through the insurance policy referred to in Sub-
Clause 18.2 [Insurance for Works and Contractor’s
Equipment].
Sub-Clause 19.6 Replace the sub-paragraphs (c) of Sub-Clause 19.6 with the
Optional following:
Termination,
Payment and (c) any other Costs or liabilities which in the circumstances were
Release reasonably and necessarily incurred by the Contractor in the
expectation of completing the Works;
Contractor’s
Claim If the Contractor considers himself to be entitled to any extension of
the Time for Completion and/or any additional payment, under any
clause of these Conditions or otherwise in connection with the
Contract, the Contractor shall give notice to the Engineer, describing
the event or circumstance giving rise to the claim. The notice shall be
given as soon as practicable, and not later than 28 days after the
Contractor became aware, or should have become aware, of the event
or circumstance.
If the Contractor fails to give notice of a claim within such period of

28 days, the Time for Completion shall not be extended, the
Contractor shall not be entitled to additional payment, and the
Employer shall be discharged from all liability in connection with the
claim. Otherwise, the following provisions of this sub-clause shall
apply.
The Contractor shall also submit any other notices which are required
by the Contract, and supporting particulars for the claim, all as
relevant to such event or circumstance.
The Contractor shall keep such contemporary records as may be

necessary to substantiate any claim, either on the Site or at another
location acceptable to the Engineer. Without admitting the
Employer’s liability, the Engineer may, after receiving any notice
under this sub-clause, monitor the record-keeping and/or instruct the
Contractor to keep further contemporary records. The Contractor shall
permit the Engineer to inspect all these records, and shall (if
instructed) submit copies to the Engineer.
Page 41 of 69
Within 42 days after the Contractor became aware (or should have
become aware) of the event or circumstance giving rise to the claim,
or within such other period as may be proposed by the Contractor and
approved by the Engineer, the Contractor shall send to the Engineer a
fully detailed claim which includes full supporting particulars of the
basis of the claim and of the extension of time and/or additional
payment claimed. If the event or circumstance giving rise to the claim
has a continuing effect:
(a) this fully detailed claim shall be considered as interim;

(b) the Contractor shall send further interim claims at monthly
intervals, giving the accumulated delay and/or amount
claimed, and such further particulars as the Engineer may
reasonably require; and
(c) the Contractor shall send a final claim within 28 days after the
end of the effects resulting from the event or circumstance, or
within such other period as may be proposed by the Contractor
and approved by the Engineer.
Within 42 days after receiving a claim or any further particulars

supporting a previous claim, or within such other period as may be
proposed by the Engineer and approved by the Contractor, the
Engineer shall respond with approval, or with disapproval and
detailed comments. He may also request any necessary further
particulars, but shall nevertheless give his response on the principles
of the claim within the above defined time period.
Within the above defined period of 42 days, the Engineer shall

proceed in accordance with Sub-Clause 3.5 [Determinations] to agree
or determine (i) the extension (if any) of the Time for Completion
(before or after its expiry) in accordance with Sub-Clause 8.4
[Extension of Time for Completion], and/or (ii) the additional
payment (if any) to which the Contractor is entitled under the
Contract.
Each Payment Certificate shall include such additional payment for

any claim as has been reasonably substantiated as due under the
relevant provision of the Contract. Unless and until the particulars
supplied are sufficient to substantiate the whole of the claim, the
Contractor shall only be entitled to payment for such part of the claim
as he has been able to substantiate.
If the Engineer does not respond within the timeframe defined in this
clause, either Party may consider that the claim is rejected by the
Engineer and any of the Parties may refer to the Dispute Board in
accordance with Sub-Clause 20.4 [Obtaining Dispute Board’s
Decision].
The requirements of this sub-clause are in addition to those of any

other sub-clause which may apply to a claim. If the Contractor fails to
Page 42 of 69
comply with this or another sub-clause in relation to any claim, any

extension of time and/or additional payment shall take account of the
extent (if any) to which the failure has prevented or prejudiced proper
investigation of the claim, unless the claim is excluded under the
second paragraph of this sub-clause.
Sub-Clause 20.2 Replace the title and whole of Sub-Clause 20.2 with the following:
Appointment of
the Dispute Sub-Clause 20.2 Appointment of the Dispute Board
Adjudication
Board Disputes shall be referred to a DB for decision in accordance with
Sub-Clause 20.4 [Obtaining Dispute Board’s Decision]. The Parties
shall appoint a DB by the date stated in the Contract Data. The date
may be changed if both the Parties agree, in writing, to change the
date, up to three hundred and sixty-five days after the Commencement
Date.
The DB shall comprise, as stated in the Contract Data, either one or

three suitably qualified persons (“the members”), each of whom shall
be fluent in the language for communication defined in the Contract
and shall be a professional experienced in the type of construction
involved in the Works and with the interpretation of contractual
documents. If the number is not so stated and the Parties do not agree
otherwise, the DB shall comprise three persons.
If the Parties have not jointly appointed the DB 21 days before the
date stated in the Contract Data and the DB is to comprise three
persons, each Party shall nominate one member for the approval of
the other Party. The first two members shall recommend and the
Parties shall agree upon the third member, who shall act as chairman.
However, if a list of potential members has been agreed by the Parties

and is included in the Contract, the members shall be selected from
those on the list, other than anyone who is unable or unwilling to
accept appointment to the DB.
The agreement between the Parties and either the sole member or each
of the three members shall incorporate by reference the General
Conditions of Dispute Board Agreement contained in the Appendix
to these General Conditions, with such amendments as are agreed
between them.
The terms of the remuneration of either the sole member or each of

the three members, including the remuneration of any expert whom
the DB consults, shall be mutually agreed upon by the Parties when
agreeing the terms of appointment. Each Party shall be responsible for
paying one-half of this remuneration.
If at any time the Parties so agree, they may jointly refer a matter to
the DB for it to give its opinion. Neither Party shall consult the DB on
Page 43 of 69
any matter without the agreement of the other Party.
If a member declines to act or is unable to act as a result of death,

disability, resignation or termination of appointment, a replacement
shall be appointed in the same manner as the replaced person was
required to have been nominated or agreed upon, as described in this
sub-clause.
The appointment of any member may be terminated by mutual

agreement of both Parties, but not by the Employer or the Contractor
acting alone. Unless otherwise agreed by both Parties, the
appointment of the DB (including each member) shall expire when
the discharge referred to in Sub-Clause 14.12 [Discharge] shall have
become effective.
Failure to Agree
Dispute Sub-Clause 20.3 Failure to Agree on the Composition of the
Adjudication Dispute Board
Board
If any of the following conditions apply, namely:
(a) the Parties fail to agree upon the appointment of the sole
member of the DB by the date stated in the first paragraph of
Sub-Clause 20.2 [Appointment of the Dispute Board],
(b) either Party fails to nominate a member (for approval by the
other Party), or fails to approve a member nominated by the
other Party, of a DB of three persons by such date,
(c) the Parties fail to agree upon the appointment of the third
member (to act as chairman) of the DB by such date, or
(d) the Parties fail to agree upon the appointment of a replacement
person within 42 days after the date on which the sole member
or one of the three members declines to act or is unable to act
as a result of death, disability, resignation or termination of
appointment,
then, the appointing entity or official named in the Contract Data shall,
upon the request of either or both of the Parties and after due
consultation with both Parties, appoint this member of the DB. This
appointment shall be final and conclusive. Each Party shall be
responsible for paying one-half of the remuneration of the appointing
entity or official.
Obtaining
Dispute Sub-Clause 20.4 Obtaining Dispute Board’s Decision
Adjudication
Board’s Decision If a dispute (of any kind whatsoever) arises between the Parties in
connection with, or arising out of, the Contract or the execution of the
Works, including any dispute as to any certificate, determination,
Page 44 of 69
instruction, opinion or valuation of the Engineer, either Party may

refer the dispute in writing to the DB for its decision, with copies to
the other Party and the Engineer. Such reference shall state that it is
given under this sub-clause.
For a DB of three persons, the DB shall be deemed to have received

such reference on the date when it is received by the chairman of the
DB.
Both Parties shall promptly make available to the DB all such

additional information, further access to the Site, and appropriate
facilities, as the DB may require for the purposes of making a decision
on such dispute. The DB shall be deemed to be not acting as
arbitrator(s).
Within 84 days after receiving such reference, or within such other

period as may be proposed by the DB and approved by both Parties,
the DB shall give its decision, which shall be reasoned and shall state
that it is given under this sub-clause. The decision shall be binding on
both Parties, who shall promptly give effect to it unless and until it
shall be revised in an amicable settlement or an arbitral award as
described below. Unless the Contract has already been abandoned,
repudiated or terminated, the Contractor shall continue to proceed
with the Works in accordance with the Contract.
If either Party is dissatisfied with the DB’s decision, then either Party
may, within 28 days after receiving the decision, give a Notice of
Dissatisfaction to the other Party indicating its dissatisfaction and
intention to commence arbitration. If the DB fails to give its decision
within the period of 84 days (or as otherwise approved) after receiving
such reference, then either Party may, within 28 days after this period
has expired, give a Notice of Dissatisfaction to the other Party.
In either event, this Notice of Dissatisfaction shall state that it is given

under this sub-clause, and shall set out the matter in dispute and the
reason(s) for dissatisfaction. Except as stated in Sub-Clause 20.7
[ Failure to Comply with Dispute Board’s Decision] and Sub-Clause
20.8 [ Expiry of Dispute Board’s Appointment], neither Party shall be
entitled to commence arbitration of a dispute unless a Notice of
Dissatisfaction has been given in accordance with this sub-clause.
If the DB has given its decision as to a matter in dispute to both

Parties, and no Notice of Dissatisfaction has been given by either
Party within 28 days after it received the DB’s decision, then the
decision shall become final and binding upon both Parties.
Amicable
Settlement Where a Notice of Dissatisfaction has been given under Sub-Clause
20.4 above, both Parties shall attempt to settle the dispute amicably
Page 45 of 69
before the commencement of arbitration. However, unless both

Parties agree otherwise, the Party giving a Notice of Dissatisfaction
in accordance with Sub-Clause 20.4 above should move to commence
arbitration after the fifty-sixth day from the day on which a Notice of
Dissatisfaction was given, even if no attempt at an amicable
settlement has been made.
Arbitration
Any dispute between the Parties arising out of or in connection with
the Contract not settled amicably in accordance with Sub-Clause 20.5
above and in respect of which the DB’s decision (if any) has not
become final and binding shall be finally settled by arbitration.
Arbitration shall be conducted as follows:
(a) if the contract is with a foreign contractor or with a joint

venture, consortium or association which one or more than one
foreign company join, international arbitration with
proceedings administered by the International Chamber of
Commerce (ICC) and conducted under the ICC Rules of
Arbitration; by one or more arbitrators appointed in
accordance with said arbitration rules.
(b) if the Contract is with a domestic contractor or domestic
contractors, arbitration with proceedings conducted in
accordance with the Laws of the Employer’s country.
The place of arbitration shall be a neutral location determined in

accordance with the applicable rules of arbitration unless otherwise
stated in the Contract Data; and the arbitration shall be conducted in
the language for communications defined in Sub-Clause 1.4 [Law and
Language].
The arbitrators shall have full power to open up, review and revise
any certificate, determination, instruction, opinion or valuation of the
Engineer, and any decision of the DB, relevant to the dispute. Nothing
shall disqualify representatives of the Parties and the Engineer from
being called as a witness and giving evidence before the arbitrators on
any matter whatsoever relevant to the dispute.
Neither Party shall be limited in the proceedings before the arbitrators

to the evidence or arguments previously put before the DB to obtain
its decision, or to the reasons for dissatisfaction given in its Notice of
Dissatisfaction. Any decision of the DB shall be admissible in
evidence in the arbitration.
Arbitration may be commenced prior to or after completion of the

Works. The obligations of the Parties, the Engineer and the DB shall
not be altered by reason of any arbitration being conducted during the
progress of the Works.
Page 46 of 69
Failure to
Comply with Sub-Clause 20.7 Failure to Comply with Dispute Board’s
Dispute Decision
Adjudication
Board’s Decision In the event that a Party fails to comply with a final and binding DB
decision, then the other Party may, without prejudice to any other
rights it may have, refer the failure itself to arbitration under Sub-
Clause 20.6 [Arbitration]. Sub-Clause 20.4 [Obtaining Dispute
Board’s Decision] and Sub-Clause 20.5 [Amicable Settlement] shall
not apply to this reference.
Expiry of Dispute
Adjudication Sub-Clause 20.8 Expiry of Dispute Board’s Appointment
Board’s
Appointment If a dispute arises between the Parties in connection with, or arising
out of, the Contract or the execution of the Works and there is no DB
in place, whether by reason of the expiry of the DB’s appointment or
otherwise:
(a) Sub-Clause 20.4 [Obtaining Dispute Board’s Decision] and

Sub-Clause 20.5 [Amicable Settlement] shall not apply, and
(b) the dispute may be referred directly to arbitration under Sub-
Clause 20.6 [Arbitration].
Appendix Replace the title and whole of Appendix with the following:
General
Conditions of Appendix: General Conditions of Dispute Board Agreement
Dispute
Adjudication 1. Definitions
Agreement
Each “Dispute Board Agreement” is a tripartite agreement by and
between:
(a) the “Employer”;

(b) the “Contractor”; and
(c) the “Member” who is defined in the Dispute Board
Agreement as being:
(i) the sole member of the “DB” and, where this is the case,
all references to the "Other Members” do not apply, or
(ii) one of the three persons who are jointly called the “DB”
(or “Dispute Board”) and, where this is the case, the
other two persons are called the “Other Members”.
The Employer and the Contractor have entered (or intend to enter)
into a contract, which is called the “Contract” and is defined in the
Dispute Board Agreement, which incorporates this Appendix. In
the Dispute Board Agreement, words and expressions which are
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not otherwise defined shall have the meanings assigned to them in

the Contract.
2. General Provisions
Unless otherwise stated in the Dispute Board Agreement, it shall

take effect on the latest of the following dates:
(a) the Commencement Date defined in the Contract,

(b) when the Employer, the Contractor and the Member have
each signed the Dispute Board Agreement, or
(c) when the Employer, the Contractor and each of the Other
Members (if any) have respectively each signed a dispute
board agreement.
This employment of the Member is a personal appointment. At

any time, the Member may give not less than 70 days’ notice of
resignation to the Employer and to the Contractor, and the
Dispute Agreement shall terminate upon the expiry of this period.
3. Warranties
The Member warrants and agrees that he/she is and shall be

impartial and independent of the Employer, the Contractor and the
Engineer. The Member shall promptly disclose, to each of them
and to the Other Members (if any), any fact or circumstance which
might appear inconsistent with his/her warranty and agreement of
impartiality and independence.
When appointing the Member, the Employer and the Contractor

relied upon the Member’s representations that he/she is:
(a) experienced in the work which the Contractor is to carry

out under the Contract,
(b) experienced in the interpretation of contract documentation,
and
(c) fluent in the language for communications defined in the
Contract.
4. General Obligations of the Member
The Member shall:
(a) have no interest financial or otherwise in the Employer, the

Contractor or Engineer, nor any financial interest in the
Contract except for payment under the Dispute Board
Agreement;
(b) not previously have been employed as a consultant or
otherwise by the Employer, the Contractor or the Engineer,
except in such circumstances as were disclosed in writing to
Page 48 of 69
the Employer and the Contractor before they signed the

Dispute Board Agreement;
(c) have disclosed in writing to the Employer, the Contractor
and the Other Members (if any), before entering into the
Dispute Board Agreement and to his/her best knowledge and
recollection, any professional or personal relationships with
any director, officer or employee of the Employer, the
Contractor or the Engineer, and any previous involvement in
the overall project of which the Contract forms part;
(d) not, for the duration of the Dispute Board Agreement, be
employed as a consultant or otherwise by the Employer, the
Contractor or the Engineer, except as may be agreed in
writing by the Employer, the Contractor and the Other
Members (if any);
(e) comply with the annexed procedural rules and with Sub-
Clause 20.4 of the Conditions of Contract;
(f) not give advice to the Employer, the Contractor, the
Employer’s Personnel or the Contractor’s Personnel
concerning the conduct of the Contract, other than in
accordance with the annexed procedural rules;
(g) not while a Member enter into discussions or make any
agreement with the Employer, the Contractor or the Engineer
regarding employment by any of them, whether as a
consultant or otherwise, after ceasing to act under the
Dispute Board Agreement;
(h) ensure his/her availability for all site visits and hearings as
are necessary;
(i) become conversant with the Contract and with the progress
of the Works (and of any other parts of the project of which
the Contract forms part) by studying all documents received
which shall be maintained in a current working file;
(j) treat the details of the Contract and all the DB’s activities and
hearings as private and confidential, and not publish or
disclose them without the prior written consent of the
Employer, the Contractor and the Other Members (if any);
and
(k) be available to give advice and opinions, on any matter
relevant to the Contract when requested by both the
Employer and the Contractor, subject to the agreement of the
Other Members (if any).
5. General Obligations of the Employer and the Contractor
The Employer, the Contractor, the Employer’s Personnel and the

Contractor’s Personnel shall not request advice from or
consultation with the Member regarding the Contract, otherwise
than in the normal course of the DB’s activities under the Contract
and the Dispute Board Agreement. The Employer and the
Contractor shall be responsible for compliance with this
provision, by the Employer’s Personnel and the Contractor’s
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Personnel respectively.
The Employer and the Contractor undertake to each other and to
the Member that the Member shall not, except as otherwise agreed
in writing by the Employer, the Contractor, the Member and the
Other Members (if any):
(a) be appointed as an arbitrator in any arbitration under the

Contract;
(b) be called as a witness to give evidence concerning any
dispute before arbitrator(s) appointed for any arbitration
under the Contract; or
(c) be liable for any claims for anything done or omitted in the
discharge or purported discharge of the Member’s
functions, unless the act or omission is shown to have been
in bad faith.
The Employer and the Contractor hereby jointly and severally
indemnify and hold the Member harmless against and from
claims from which he is relieved from liability under the
preceding paragraph.
Whenever the Employer or the Contractor refers a dispute to the

DB under Sub-Clause 20.4 of the Conditions of Contract, which
will require the Member to make a site visit and attend a hearing,
the Employer or the Contractor shall provide appropriate security
for a sum equivalent to the reasonable expenses to be incurred by
the Member. No account shall be taken of any other payments
due or paid to the Member.
6. Payment
The Member shall be paid as follows, in the currency named in

the Dispute Board Agreement:
(a) a retainer fee per calendar month, which shall be considered
as payment in full for:
(i) being available on 28 days’ notice for all site visits and
hearings;
(ii) becoming and remaining conversant with all project
developments and maintaining relevant files;
(iii) all office and overhead expenses including secretarial
services, photocopying and office supplies incurred in
connection with his duties; and
(iv) all services performed hereunder except those referred
to in sub-paragraphs (b) and (c) of this clause.
The retainer fee shall be paid with effect from the last day of
the calendar month in which the Dispute Board Agreement
becomes effective; until the last day of the calendar month in
which the Taking-Over Certificate is issued for the whole of
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the Works.
With effect from the first day of the calendar month following
the month in which the Taking-Over Certificate is issued for
the whole of the Works, the retainer fee shall be reduced by
one third. This reduced fee shall be paid until the first day of
the calendar month in which the Member resigns or the
Dispute Board Agreement is otherwise terminated.
(b) a daily fee which shall be considered as payment in full for:
(i) each day or part of a day up to a maximum of two days’

travel time in each direction for the journey between
the Member’s home and the site, or another location of
a meeting with the Other Members (if any);
(ii) each working day on Site visits, hearings or preparing
decisions; and
(iii) each day spent reading submissions in preparation for
a hearing.
(c) all reasonable expenses including necessary travel expenses

(air fare in less than first class, hotel and subsistence and
other direct travel expenses) incurred in connection with the
Member’s duties, as well as the cost of telephone calls,
courier charges, faxes and telexes: a receipt shall be required
for each item in excess of five percent of the daily fee
referred to in sub-paragraph (b) of this clause;
(d) any taxes properly levied in the Country on payments made

to the Member (unless a national or permanent resident of
the Country) under this Clause 6.
The retainer and daily fees shall be as specified in the Dispute

Board Agreement. Unless it specifies otherwise, these fees shall
remain fixed for the first 24 calendar months, and shall thereafter
be adjusted by agreement between the Employer, the Contractor
and the Member, at each anniversary of the date on which the
Dispute Board Agreement became effective.
If the parties fail to agree on the retainer fee or the daily fee, the
appointing entity or official named in the Contract Data shall
determine the amount of the fees to be used.
The Member shall submit invoices for payment of the monthly
retainer and air fares quarterly in advance. Invoices for other
expenses and for daily fees shall be submitted following the
conclusion of a site visit or hearing. All invoices shall be
accompanied by a brief description of activities performed during
the relevant period and shall be addressed to the Contractor.
The Contractor shall pay each of the Member’s invoices in full
within 56 calendar days after receiving each invoice and shall
Page 51 of 69
apply to the Employer (in the Statements under the Contract) for
reimbursement of one-half of the amounts of these invoices. The
Employer shall then pay the Contractor in accordance with the
Contract.
If the Contractor fails to pay to the Member the amount to which
he/she is entitled under the Dispute Board Agreement, the
Employer shall pay the amount due to the Member and any other
amount which may be required to maintain the operation of the
DB; and without prejudice to the Employer’s rights or remedies.
In addition to all other rights arising from this default, the
Employer shall be entitled to reimbursement of all sums paid in
excess of one-half of these payments, plus all costs of recovering
these sums and financing charges calculated at the rate specified
in Sub-Clause 14.8 of the Conditions of Contract.
If the Member does not receive payment of the amount due within
70 days after submitting a valid invoice, the Member may (i)
suspend his/her services (without notice) until the payment is
received, and/or (ii) resign his/her appointment by giving notice
under Clause 7.
7. Termination
At any time: (i) the Employer and the Contractor may jointly
terminate the Dispute Board Agreement by giving 42 days’ notice
to the Member; or (ii) the Member may resign as provided for in
Clause 2.
If the Member fails to comply with the Dispute Board
Agreement, the Employer and the Contractor may, without
prejudice to their other rights, terminate it by notice to the
Member. The notice shall take effect when received by the
Member.
If the Employer or the Contractor fails to comply with the Dispute
Board Agreement, the Member may, without prejudice to his
other rights, terminate it by notice to the Employer and the
Contractor. The notice shall take effect when received by them
both.
Any such notice, resignation and termination shall be final and
binding on the Employer, the Contractor and the Member.
However, a notice by the Employer or the Contractor, but not by
both, shall be of no effect.
8. Default of the Member
If the Member fails to comply with any of his obligations under

Clause 4 (a) - (d) above, he shall not be entitled to any fees or
expenses hereunder and shall, without prejudice to their other
rights, reimburse each of the Employer and the Contractor for any
fees and expenses received by the Member and the Other
Page 52 of 69
Members (if any), for proceedings or decisions (if any) of the DB

which are rendered void or ineffective by the said failure to
comply.
If the Member fails to comply with any of his obligations under
Clause 4 (e) - (k) above, he shall not be entitled to any fees or
expenses hereunder from the date and to the extent of the non-
compliance and shall, without prejudice to their other rights,
reimburse each of the Employer and the Contractor for any fees
and expenses already received by the Member, for proceedings or
decisions (if any) of the DB which are rendered void or ineffective
by the said failure to comply.
9. Dispute
Any dispute or claim arising out of or in connection with this

Dispute Board Agreement, or the breach, termination or invalidity
thereof, shall be finally settled by institutional arbitration. If no
other arbitration institute is agreed, the arbitration shall be
conducted under the Rules of Arbitration of the International
Chamber of Commerce by one arbitrator appointed in accordance
with these Rules of Arbitration.
Annex Replace the whole of Annex with the following:

Procedural Rules
1. Unless otherwise agreed by the Employer and the Contractor,
the DB shall visit the Site at intervals of not more than 140 days,
including times of critical construction events, at the request of
either the Employer or the Contractor. Unless otherwise agreed
by the Employer, the Contractor and the DB, the period between
consecutive visits shall not be less than 70 days, except as
required to convene a hearing as described below.
2. The timing of and agenda for each Site visit shall be as agreed
jointly by the DB, the Employer and the Contractor, or in the
absence of agreement, shall be decided by the DB. The purpose
of Site visits is to enable the DB to become and remain
acquainted with the progress of the Works and of any actual or
potential problems or claims, and, as far as reasonable, to
endeavor to prevent potential problems or claims from becoming
disputes.
3. Site visits shall be attended by the Employer, the Contractor and

the Engineer and shall be co-ordinated by the Employer in co-
operation with the Contractor. The Employer shall ensure the
provision of appropriate conference facilities and secretarial and
copying services. At the conclusion of each Site visit and before
leaving the site, the DB shall prepare a report on its activities
during the visit and shall send copies to the Employer and the
Contractor.
Page 53 of 69
4. The Employer and the Contractor shall furnish to the DB one

copy of all documents which the DB may request, including
Contract documents, progress reports, variation instructions,
certificates and other documents pertinent to the performance of
the Contract. All communications between the DB and the
Employer or the Contractor shall be copied to the other Party. If
the DB comprises three persons, the Employer and the
Contractor shall send copies of these requested documents and
these communications to each of these persons.
5. If any dispute is referred to the DB in accordance with Sub-

Clause 20.4 of the Conditions of Contract, the DB shall proceed
in accordance with Sub-Clause 20.4 and these Rules. Subject to
the time allowed to give notice of a decision and other relevant
factors, the DB shall:
act fairly and impartially as between the Employer and the

Contractor, giving each of them a reasonable opportunity
of putting his case and responding to the other’s case, and
adopt procedures suitable to the dispute, avoiding
unnecessary delay or expense.
6. The DB may conduct a hearing on the dispute, in which event it

will decide on the date and place for the hearing and may request
that written documentation and arguments from the Employer
and the Contractor be presented to it prior to or at the hearing.
7. Except as otherwise agreed in writing by the Employer and the

Contractor, the DB shall have power to adopt an inquisitorial
procedure, to refuse admission to hearings or audience at
hearings to any persons other than representatives of the
Employer, the Contractor and the Engineer, and to proceed in
the absence of any party who the DB is satisfied received notice
of the hearing; but shall have discretion to decide whether and to
what extent this power may be exercised.
8. The Employer and the Contractor empower the DB, among other
things to:
establish the procedure to be applied in deciding a

dispute,
decide upon the DB’s own jurisdiction, and as to the
scope of any dispute referred to it,
conduct any hearing as it thinks fit, not being bound by
any rules or procedures other than those contained in the
Contract and these Rules,
take the initiative in ascertaining the facts and matters
required for a decision,
make use of its own specialist knowledge, if any,
decide upon the payment of financing charges in
Page 54 of 69
accordance with the Contract,

decide upon any provisional relief such as interim or
conservatory measures, and
open up, review and revise any certificate, decision,
determination, instruction, opinion or valuation of the
Engineer, relevant to the dispute.
9. The DB shall not express any opinions during any hearing

concerning the merits of any arguments advanced by the Parties.
Thereafter, the DB shall make and give its decision in
accordance with Sub-Clause 20.4, or as otherwise agreed by the
Employer and the Contractor in writing. If the DB comprises
three persons:
it shall convene in private after a hearing, in order to have

discussions and prepare its decision;
it shall endeavor to reach a unanimous decision: if this
proves impossible the applicable decision shall be made
by a majority of the Members, who may require the
minority Member to prepare a written report for
submission to the Employer and the Contractor; and
if a Member fails to attend a meeting or hearing, or to
fulfil any required function, the other two Members may
nevertheless proceed to make a decision, unless:
either the Employer or the Contractor does not

agree that they do so, or
the absent Member is the chairman and he/she
instructs the other Members not to make a decision.
Page 55 of 69
Package No. MAHSR-C-8 Section IX. Annex to the Particular Conditions – Contract Forms
Section IX. Annex to the Particular Conditions - Contract

Forms
Table of Forms
Letter of Acceptance................................................................................................................... 57
Contract Agreement.................................................................................................................... 58
Dispute Board Agreement .......................................................................................................... 60
Performance Security ................................................................................................................. 64
Advance Payment Security......................................................................................................... 66
Retention Money Security .......................................................................................................... 68
Page 56 of 69
Letter of Acceptance
[Insert letterhead paper of the Employer]
[Insert date]
To: [Insert name and address of the Contractor]
This is to notify you that your Bid dated [insert date] for execution of the [insert name of the
Contract and identification number, as given in the Contract Data] for the Accepted Contract
Amount of the equivalent of [insert amount in words and figures] [insert name of currency], as
corrected and modified in accordance with the Instructions to Bidders, is hereby accepted by our
Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms included
in Section IX, Annex to the Particular Conditions - Contract Forms, of the Bidding Documents
Authorized Signature: __________________________________________________

Name and Title of Signatory: _____________________________________________
Name of Agency: ______________________________________________________
Attachment: Contract Agreement
Page 57 of 69
Contract Agreement
THIS AGREEMENT made the [insert day] day of [insert month], [insert year], between [insert
name of the Employer] (hereinafter “the Employer”), of the one part, and [insert name of the
Contractor] (hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as [name of the Contract] should be
executed by the Contractor, and has accepted a Bid by the Contractor for the execution and
completion of these Works and the remedying of any defects therein,
The Employer and the Contractor agree as follows:
1) In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2) The following documents shall be deemed to form and be read and construed as part of
this Agreement. This Agreement shall prevail over all other Contract documents.
a) the Letter of Acceptance;
b) the Record of Meeting on Contract Negotiation;
c) the Addenda (the items of the Addenda shall have priority over the respective items
of the related section of the Contract Documents);
d) the Price Bid;
e) the Technical Bid, except the Contractor’s Technical Proposal;
f) the Particular Conditions-Part A;
g) the Particular Conditions-Part B;
h) the General Conditions;
i) the Employer’s Requirements-Design Requirement and Criteria;
j) the Employer’s Requirements- Technical Specifications;
k) the Employer’s Requirements - General Specifications;
l) the Employer’s Requirements - Drawings;
m) the Acknowledgement of Compliance with Guidelines for Procurement under
Japanese ODA Loans;
n) the Contractor’s Technical Proposal;
o) the Reference Information/ Report; and
p) Any other documents forming part of the Contract 1.
1
Like; replies to the Bidders’ queries.
Page 58 of 69
3) In consideration of the payments to be made by the Employer to the Contractor as

specified in this Agreement, the Contractor hereby covenants with the Employer to
execute the Works and to remedy defects therein in conformity in all respects with the
provisions of the Contract.
4) The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying of defects therein, the Contract Price or
such other sum as may become payable under the provisions of the Contract at the times
and in the manner prescribed by the Contract.
IN WITNESS, whereof the parties hereto have caused this Agreement to be executed in
accordance with the Laws of the Republic of India. on the day, month and year specified above.
Signed by _______________________ Signed by ______________________

for and on behalf of the Employer for and on behalf of the Contractor
in the presence of in the presence of
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
Page 59 of 69
Dispute Board Agreement

(For each member of three-member DB)
[All italicised text and any enclosing square brackets is for use in preparing the form and should
be deleted from the final product.]
Name and details of Contract
Name and address of Employer:
Name and address of Contractor:
Name and address of Member:
Whereas the Employer and the Contractor have entered into the Contract and desire jointly to
appoint the Member to act as one of the three persons who are jointly called the "DB" [and desire
the Member to act as chairman of the DB]:
The Employer, Contractor and Member jointly agree as follows:
1. The conditions of this Dispute Board Agreement comprise the "General Conditions of
Dispute Board Adjudication Agreement", which is appended to the General Conditions
of the "Conditions of Contract for Plant and Design-Build for Electrical and Mechanical
Plant, and for Building and Engineering Works, Designed by the Contractor”, First
Edition 1999, published by the International Federation of Consulting Engineers
(Fédération Internationale des Ingénieurs-Conseils; FIDIC), designated as SectionVII
[General Conditions]., and the following provisions. In these provisions, which include
amendments and additions to the General Conditions of Dispute Board Agreement,
words and expressions shall have the same meanings as are assigned to them in the
General Conditions of Dispute Board Agreement.
2. [Details of amendments to the General Conditions of Dispute Board Agreement, if any.
For example: In the procedural rules annexed to the General Conditions of Dispute
Board Agreement, Rule ___ is deleted and replaced by: “ … “ ]
3. In accordance with Clause 6 of the General Conditions of Dispute Board Agreement, the
Member shall be paid as follows:
A retainer fee of ________________ per calendar month,
plus a daily fee of _______________ per day.
4. In consideration of these fees and other payments to be made by the Employer and the
Contractor in accordance with Clause 6 of the General Conditions of Dispute Board
Agreement, the Member undertakes to serve, as described in this Dispute Board
Agreement, as one of the three persons who are jointly to act as the DB.
5. The Employer and the Contractor jointly and severally undertake to pay the Member, in
consideration of the carrying out of these services, in accordance with Clause 6 of the
General Conditions of Dispute Board Agreement.
6. This Dispute Board Agreement shall be governed by the Laws of: ________________
Page 60 of 69
SIGNED by
for and on behalf of the Employer in the presence of:
Witness
Name
Address
Date
SIGNED by
for and on behalf of the Contractor in the presence of
Witness
Name
Address
Date
SIGNED by
The Member in the presence of
Witness
Name
Address
Date
Page 61 of 69
Performance Security
(Demand Guarantee)
[This form is to be used if the BG is to be submitted as individual entity or as a joint
venture/consortium in case of a venture/consortium]
[Insert Guarantor letterhead or SWIFT identifier code]
Beneficiary: [Insert name and Address of the Employer]

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]
We have been informed that [insert name of Contractor, which in the case of a joint
venture/consortium shall be the name of the joint venture/consortium] (hereinafter called "the
Applicant") has entered into Contract No. [insert reference number of the contract] dated [insert
date] with the Beneficiary, for the execution of [insert name of the contract and brief description
of the Works] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance

guarantee is required.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in
figures]([insert amount in words]), 1 such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s
complying demand supported by the Beneficiary’s statement, whether in the demand itself or in
a separate signed document accompanying or identifying the demand, stating that the Applicant
is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or
to show grounds for its demand or the sum specified therein.
This guarantee shall expire, no later than the [insert the day] day of [insert month], [insert year] 2,
and any demand for payment under it must be received by us at this office indicated above on or
before that date.
1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified
in the Letter of Acceptance, less provisional sums, if any, and denominated either in the currency(cies) of the
Contract or a freely convertible currency acceptable to the Beneficiary.
2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9.
Page 62 of 69
The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed one
year, in response to the Beneficiary’s written request for such extension, such request to be
presented to the Guarantor before the expiry of the guarantee.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.
a) Our liability under this Guarantee shall not exceed [insert amount in figures] ([insert
amount in words]),
b) This Guarantee shall be valid up to [insert the day] day of [insert month], [insert year]2,
c) We are liable to pay the guaranteed amount or any part thereof under the Guarantee only
and only if you serve upon us a written claim or demand on or before ____________
(date which is 3 months after date mentioned at (b) above).
Date -------------------
Place --------------------- [Signature of Authorised person of Bank]
[Name in Block letters] ---------- ----------
[Designation] -------------------------------
[P/Attorney] No. ----------------------------
[Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.]
Page 63 of 69
Performance Security
(Demand Guarantee)
[This form is to be used if the BG is to be submitted by individual member of a joint
venture/consortium]
Beneficiary: [Insert name and Address of the Employer]

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]
We have been informed that [insert name of the joint venture/consortium,] has entered into
Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary,
for the execution of [insert name of the contract and brief description of the Works]
(hereinafter called "the Contract").
Where [insert name of the member of joint venture/consortium] (hereinafter called "the
Applicant") are a member of the joint venture/consortium for the above referred Contract and
are jointly and severally liable for the fulfilment of any obligation required as per the Contract.
Furthermore, we understand that, according to the conditions of the Contract, a performance
guarantee is required.
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in
figures]([insert amount in words]), 1 such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s
complying demand supported by the Beneficiary’s statement, whether in the demand itself or
in a separate signed document accompanying or identifying the demand, stating that the
Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing
to prove or to show grounds for its demand or the sum specified therein.
This guarantee shall expire, no later than the [insert the day] day of [insert month], [insert
year] 2, and any demand for payment under it must be received by us at this office indicated
above on or before that date.
1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified
in the Letter of Acceptance, less provisional sums, if any and denominated either in the currency(cies) of the
Contract or a freely convertible currency acceptable to the Beneficiary.
2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9.
Page 64 of 69
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is
hereby excluded.
amount in words]),
b) This Guarantee shall be valid up to [insert the day] day of [insert month], [insert year] 2,
and only if you serve upon us a written claim or demand on or before ____________ (date
which is 3 months after date mentioned at (b) above).
Date -------------------
[Designation] -------------------------------
[P/Attorney] No. ----------------------------
Page 65 of 69
Advance Payment Security
(Demand Guarantee)
Beneficiary: [Insert name and address of the Employer]

Advance Payment Guarantee No.: [Insert guarantee reference number]
venture/consortium shall be the name of the joint venture/consortium] (hereinafter called “the
Applicant”) has entered into Contract No. [insert reference number of the contract] dated [insert
date of the contract] with the Beneficiary, for the execution of [insert name of contract and brief
description of Works] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance
payment in the sum [insert amount in figures] ([insert amount in words]) is to be made against
an advance payment guarantee.
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
([insert amount in words]) 1 upon receipt by us of the Beneficiary’s complying demand supported
by the Beneficiary’s statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating either that the Applicant:
(a) has used the advance payment for purposes other than the costs of mobilization in respect
of the Works; or
(b) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Applicant has failed to repay.
A demand under this guarantee may be presented as from the presentation to the Guarantor of a
certificate from the Beneficiary’s bank stating that the advance payment referred to above has
been credited to the Applicant on its account number [insert number] at [insert name and address
of Applicant’s bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as specified in copies of interim statements or payment
1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either
in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency
acceptable to the Employer.
Page 66 of 69
certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our
receipt of a copy of the interim payment certificate indicating that ninety (90) percent of the
Accepted Contract Amount, less provisional sums, has been certified for payment, or on the
[insert day] day of [insert month], [insert year], 2 whichever is earlier. Consequently, any
demand for payment under this guarantee must be received by us at this office on or before that
date.
ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby
excluded.

amount in words]),
b) This Guarantee shall be valid up to [insert the day] day of [insert month], [insert year] 2,
Date -------------------
[Designation] -------------------------------
[P/Attorney] No. ----------------------------
2
Insert the expected expiration date of the Time for Completion.
Page 67 of 69
Retention Money Security

(Demand Guarantee)
Beneficiary: [Insert name and Address of Employer]

Retention Money Guarantee No.: [Insert guarantee reference number]
venture/consortium shall be the name of the joint venture/consortium] (hereinafter called "the
Applicant") has entered into Contract No. [insert reference number of the contract] dated [insert
date] with the Beneficiary, for the execution of [insert name of contract and brief description of
Works] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that when
the Taking-Over Certificate- has been issued under the Contract and the first half of total of the
Retention Money has been certified for payment, payment of [insert the second half of the
Retention Money or if the amount guaranteed under the Performance Guarantee when the
Taking-Over Certificate is issued is less than half of the Retention Money], the difference
between half of the Retention Money and the amount guaranteed under the Performance
Security] is to be made against a Retention Money guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
([insert amount in words]) 1 upon receipt by us of the Beneficiary’s complying demand supported
by the Beneficiary’s statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating that the Applicant is in breach of its
obligation(s) under the Contract, without the Beneficiary needing to prove or show grounds for
its demand or the sum specified therein.
A demand under this guarantee may be presented as from the presentation to the Guarantor of a
certificate from the Beneficiary’s bank stating that the second half of the Retention Money as
referred to above has been credited to the Applicant on its account number [insert account’s
number] at [insert name and address of Applicant’s bank].
1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money or if
the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is less than
half of the Retention Money, the difference between half of the Retention Money and the amount guaranteed under
the Performance Security and denominated either in the currency(ies) of the second half of the Retention Money
as specified in the Contract, or in a freely convertible currency acceptable to the Beneficiary.
2 Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9.
Page 68 of 69
ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby
excluded.

(a) Our liability under this Guarantee shall not exceed [insert amount in figures] ([insert
amount in words]),
(b) This Guarantee shall be valid up to [insert the day] day of [insert month], [insert year]2,
(c) We are liable to pay the guaranteed amount or any part thereof under the Guarantee only
Date -------------------
[Designation] -------------------------------
[P/Attorney] No. ----------------------------
Page 69 of 69

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Volume 1 of 5

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BIDDING DOCUMENTS

Design and Construction including Maintenance of Civil and Building

(Package No. MAHSR-C-8)

Summary Table of Contents

Invitation for Bids (IFB)

PART 2 – EMPLOYER’S REQUIREMENTS & REFERENCE

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

National High Speed Rail Corporation Limited (NHSRCL)

Invitation for Bids

(Package No. MAHSR-C-8)

NOTICE OF INVITATION FOR BIDS

IFSC Code- HDFC0000003

This Agreement on Non-Disclosure Obligation (hereinafter referred to as “this Agreement”)

2.1 “Confidential Information” shall mean:

(ii) as provided by the NHSRCL, in connection with or relating to the Projects, to

(b) with regard to the technology or knowledge that is independently developed by

Information which is disclosed to follow such order.

4.0 INTELLECTUAL PROPERTY RIGHTS

6.0 EXPORT CONTROL

8.0 GOVERNING LAW

(End of APPENDIX to IFB)

Instructions for Online Bid Submission:

SEARCHING FOR BID DOCUMENTS

delay due to other issues.

International bidders are requested to prefix +91 as country code.

Summary Table of Contents

PART 1 – BIDDING PROCEDURES

PART 2 – EMPLOYER’S REQUIREMENTS AND REFERENCE

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section I. Instructions to Bidders (ITB)

Section I. Instructions to Bidders (ITB)

A copy of the Instructions to Bidders is not attached to these Bidding Documents.

Section II. Bid Data Sheet (BDS)

ITB 1.3 Add new sub-clause ITB 1.3

1.3 Instructions for Online Bid Submission:

SEARCHING FOR BID DOCUMENTS

ITB 2.1 The Borrower is: The President of India.

ITB 4.1 Replace ITB 4.1 with the following paragraphs:

In case of a JV/Consortium, the number of members, including the Lead Member,

ITB 7.1 Replace ITB 7.1 with the following paragraphs:

clarification by uploading the same on e-procurement portal

meeting will be uploaded on e-procurement portal,

The originals of Bid Security document in accordance with ITB 21 shall be

reserves the right to demand any relevant supporting documents as required.

(b) a demand draft, cashier’s or certified cheque in favour of ‘National High

cashier’s or certified cheque has to be uploaded along with the submission

ITB 26.1 Replace ITB 26.1 with the following:

ITB 26.2 Replace the ITB 26.2 with the following:

To assist in the examination, evaluation and comparison of the Technical and

ITB 40.1 Replace ITB 40.1 with the following:

Section III. Evaluation and Qualification Criteria

A. General Provisions .................................................................................................18

1. Stage 1: Evaluation of Administrative Requirements

1.2. Result of Evaluation

2. Stage 2: Evaluation of Compliance and Responsiveness

c) The following items will be checked:

i) The Bidder’s responsiveness shall be checked as per ITB 33;

iv) Whether all relevant Addenda have been complied with.

2.2. Result of Evaluation

3. Stage 3: Evaluation of Compliance with the Qualification Requirements

3.2. Check Items

Notes: Exchange Rate for Qualification Criteria

Eligibility and Qualification Criteria Compliance Requirements Documentation