No. NH-24028/'1 4/2014-H (Vot.

lV) (e-151240)
Government of lndia
Ministry of Road Transport & Highways
(Highways Section)
Transport Bhawan, '1, Partiament Street, New Dethi-110001
Dated 31st March 2023

To,
1. The Chairman, NHAI, G-5 & 6, Sector 10, Dwarka, New Dethi 110075.
2. Managing Director, NHIDCL, PTI Buitding, Partiament Street, New Dethi
3. Director Genera[ (Roads) & Spt. Secretary, MoRTH
Subject: Changes in Standard RFP for HAM and BOT (Totl) Projects - reg

Sir,
lam directed to refer to the above-mentioned subject and to say that after
detiberation with stakehotders and NH imp[ementing agencies in this Ministry, amendments
as annexed, have been approved in the standard tender documents of Hybrid Annuity Mode
(HAM) and Build Operate(Bor)-Tott. The changes mentioned against the ctauses in the tabte
herein are forwarded for compliance.

2. This issues with the approval of the competent authority.

Yours faithfutly,

\:W
(Sangita Toppo)
Under Secretary to the Government of lndia
Te[ephone No. 01 1 -23739028

Encls: as above.

Copy to:

1. PSO to Secretary (RT&H)

2. Sr. PPS to AS (H &LA)/ Sr. PPS to JS (EAP)
3. Sr. PPS to ADG (Ptg)/ ADG (Mon)/ CE (S&R and BpeSp)/SE (EAp)/DS (H)
4. 5r. Tech. Director, Nlc- w'ith a request to uptoad this on the website of this Ministry.
 Annexure

A. Proposal for modification in the Etigibility Criteria for PPP projects - Credit
Rating of Bidders "BBB and above" in the RFP of HAI{ and BOT (TolQ

Clause Existing Proposed Provision

Provision
7.2.1 (f) The Bidder shall have'BBB'and above Credit Rating given by Credit Rating
Agencies authorized by SEBI. lf the bidder does not have 'BBB' and above
Credit Rating, the Bidder shall be required to submit a comfort letter from its
Bankers/Financial lnstitutions along with its Bid that they will provide Credit
Facilities (Term Loan) to the bidder to meet the prgect cost excluding grant, if
any, for domiciling the prolect.

B. Relaxation in etigibility criteria of HAM and BOT (Totl) projects:

(i) Eligibitity criteria of HAlvl projects:

Existing provisions of Model RFP of HAM Proposed provisions of Model RFP of HAM

Clause 2.2.2 (AA): For normal Highway projects Clause 2.2.2 (AA) : For normal Highway pro.lects (including
(including Major Malor Bridges/ROB/Flyovers/Tunnels) :

Bridges/ROB/Flyovers/Tunnels):
Provided that at least one similar work of 20% of Estimated
Provided that at least one similar work of 200/o ol Project Cost [Rs. '*"
crore (Rs-.'..)] shall have been
Estimated Project Cost [Rs.*****crore (Rs.-.--- ) completed from the Eligible Projects in Category 1 and/or
shall have been completed from the Eligible Pro.iects Category 3 specifled in Clause 3.4.1, For this purpose, a
in Category 1 and/or Category 3 specified in Clause project shall be considered to be completed, if more than
3.4.1. For this purpose, a project shall be considered 9070 of the value of work has been completed and such
to be completed, if more than 9070 of the value of completed value of work is equal to or more than 20% of the
work has been completed and such completed value estimated poect cost.
of work is equal to or more than 20% of lhe
estimated prqect cost. Eligible projects shall include following:

lf any major bridge (a) Widening/ reconstruction/up.gradation works on

NH/SH/Expressway or on any category of road taken up
under CRF, lSCiEl, SARDP, LWE

(b) Widening/ reconstruction/up-gradation works on

MDRs with loan assistance from multilateral agencies
or on BOT basis.

(c) Widening/ reconstructionlup-gradation works on

roads in Municipal corporation limits, construction of
Bypasses

(d) Construction of stand.alone bridges, ROBs, tunnels.

(e) Construction/reconstruction of linear projects like

airport runways, railways (construction/re-construction
of railway tracks, yards for keeping containers etc.)
metro rail and ports (including construction / re-
construction of Jetties)
lf any Maior Bridge/ ROB/ Flyover/
Tunnel....,,...........

Clause 3.4.1: Clause 3.4.1 :

For the purpose of this RFP:

For the purpose of this RFP:
 Existing provisions of Model RFP of HAM
a. highways sector would be deemed to
include highways, expressways, bridges,
tunnels and airfields; and
b. core sector would be deemed to include
civil conskuction cost of power sector,
commercial setups (SEZs etc,), telecom,
ports, airports, railways, metro rail,
industrial parks/estates, logistic parks,
prpelines, inrgation,water supply,
stadium, hospitals, hotel, smart crty,
warehouses/Silos, oil and gas,
sewerage and real estate development.
(ii) Provisions in model RFP of BOT (Toll)
Existing provisions of Model RFP of
BOT(Toll)
Clause 2.2.2(AA): For normal Highway projects (including Maior
Brid ges/ROB/Flyovers/Tunnels)
Proposed provisions of Model RFP of HAM
a. highways sector would be deemed to include
highways, expressways, bridges, tunnels,
runways, railways(construction/re-construction of
railway tracks, yards for keeping containers etc.)
metro rail and ports (including constructionhe-
construction cost of Jetties, any other linear
infrastructure including bridges etc.); and
b. core sector would be deemed to include civil
construction cost of power sector, commercial
setups (SEZs etc,), airports, industrial parks/
estates, logistic parks, pipelines, inigation, water
supply, sewerage, stadium, hospitals, hotel, smart
city, warehouses/silos, orl & gas and real estate
development. Core sector will also include the
projects with the title of RIDF, PMGSY road, link
road, city roads, rural road, sector/ municipality
road, real estate projects which demonstrate road
developmenU construction of bridges or culverts.
L ln case of prolects executed by applicant under category
3 and 4 as a member of Joint Venture, the prgect cost
should be restricted to the share of the applicant in the joint
venture for determining eligibility as per provisions under
clause 2,2.2(AA) and 2.2.2(AAA\. ln case Statutory Auditor
certifies that, the work of other membe(s) is also executed
by the applicant, then the total share executed by applicant
can be considered for determining eligibility as per
provision under clause 2.2.2(AA) and 2.2.2(AAA).
ll. lvlaintenance works are not considered as eligible
project for evaluation as per lnstruction No.6 to Annex-lv.
As such works with nomenclature like PR, 0R, FDR,SR,
site/micro grading, surface renewal, resurfacing work,
Tarring, B.T. surface work, temporary restoration, urgent
works, periodic maintenance, repair & rehabilitatron, one
time maintenance, permanent protection work of bank,
external pre stressing, repair of central hinge, short term
OMT contract of NHAI, any type of work related to border
fencing, work of earthwork alone, conskuction of buildingsl
hostels, etc., or not specified, shall not be considered.
lll. In case both the estimated cost of project and revised
cost of project are pmvided, the revised cost of prolect
shall be considered for evaluation.
Proposed provisions of Model RFP of BOT(Toll)
:
Existing provisions of Model RFP of Proposed provisions of Model RFP of BOT(Toll)
BOT oll

ided that at least one similar work of 20% of Estimated Project

st [Rs. * crore (Rs.** )] shall have been completed from the
igible Projects in Category 1 and/or Category 3 specified in Clause
4.1. For this purpose, a project shall be considered to be completed,
more than 90% of the value of work has been completed and such
pleted value of work is equal to or more than 200lo of the estimated
cost. Eligible prolects shall include following:

a) Widening/ reconstruction/ up-gradation works on

H/SH/Expressway or on any category of road taken up under
RF, ISC/EI, SARDP, LWE

) Widening/ reconstruction/up-gradation works on MDRs with

assistance from multilateral agencies or on BOT basis.

c) Widening/ reconstruction/up-gradation works on roads in

unicipal corporatlon limits, construction of Bypasses

d) Construction of stand.alone bridges, ROBs, tunnels.

e) Construction/ reconstruction of linear projects like airport

runways, railways (construction/re-construction of railway tracks,
for keeping containers etc.) metro rail and ports (including
on / re-construction of Jetties)

lf any Malor Bridge/ ROB/ Flyover/ Tunnel is (are) part of the project,
en the sole Bidder or in case the Bidder being a Joint Venture, any
ember of Joint Venture shall necessarily demonstrate additional
xperience in construction of Major Bridge/ ROBsi Flyovers/ Tunnel in
last 10 (Ten) financial years preceding the Bid Due Date i.e. shall
ave completed at least one similar Major Bridge/ ROB/ Flyover
aving span equal to or greater than:

a) ln case, longest span of Bridge/ ROB/ Flyover is less than or equal

to 60m, no additional qualification is required.

b) When longest span is more than 60m: 50% of the longest span or
100m, whichever is less, of the structure proposed in this project.

nd in case of tunnel, if any, shall have completed construction of at

least one tunnel consisting of single or twin tubes (including tunnel(s)
Road/ Railway/ Metro Rail I irrigation I Hydro-electric projects etc.)
aving at least

a) ln case Tunnel is a part of project having length less than or equal

200 m, then no additional qualilication is required

b) When length of tunnel more than 200 m: 50% of the cross sectional
of proposed tunnel or two lane highway tunnel cross sectional
rea, whichever is less and 20% length of the tunnel to be constructed
n this proJect or 2 km, whichever is less

2.2.2 (AAA) For Stand-alone specialized projects:

(a) Maior Bridge / ROB/ Flyover projects:

a '1) ln case the cost of specialized prolect is less than or eq u al

to Rs 1 Cr T he SO le Bi d d er or n case th e Bi dde be a J 0 nt
 Existing provisions of Model RFP of
BOT(Toll)
Clause 3.4.1:
For the purpose of this RFP:
a. highways sector would be deemed to
include highways, expressways,
bridges, tunnels and airfields; and
b. core sector would be deemed to
include civil construction cost of power
sector, commercial setups (SEZs etc.),
telecom, ports, airports, railways, metro
rail. industrial parksiestates. logistic
parks. pipelines. inigation, water supply,
stadium. hospitals. hotel, smart city.
Lwarehou ses/Silos, oil and gas, sewerag
real estate development
land
Proposed provisions of Model RFP of B0T(Toll)
Venture, any member of Joint Venture shall have completed at least
one similar l\.4ajor Bridge/ROB/Flyover prolect in the last '10 (Ten)
financial years preceding the Bid Due Date, having span equal to or
greater than 50% of the longest span or 100 m, whichever is less of
the structure proposed in this project and also the cost of such
similar prqect shall be at least 20% of the Estimated Prqect Cost.
For this purpose, a project shall be considered to be completed, if
more than 90% of the value of work has been completed and such
completed value of work is equal to or more than 20% of the
Estimated Prqect Cost.
(a2) ln case the cost of specialized project is more than Rs.
1,000 Cr: The sole Bidder or in case the Bidder being a Joint
Venture, any member of Joint Venture shall have completed at least
one similar Major Bridge/RoB/Flyover project in the last 10 (Ten)
linancial years preceding the Bid Due Date, having span equal to or
greater than 50% of the longest span of the structure proposed in
this project or 100m, whichever is less, and also the cost of such
similar project shall be at least 20% of the Estrmated Project Cost or
Rs, '1000 Cr., whichever is less. For this purpose, a project shall be
considered to be completed, if more than 90% of the value of work
has been completed and such completed value of work is equal to or
more than 20% of the Estimated Project Cost or Rs. 1000 Cr.,
whichever is less.
(b) Tunnel Proiect: The sole Bidder or in case the Bidder being a Joint
Venture, any member of Joint Venture shall have completed at least
one tunnel project in the last 10 (Ten) financial years preceding the
Bid Due Date, consisting of single or twin tubes (including tunnel(s)
for roads/Railway/Metro Rail/inigation/ hydro-Electric Projects etc.)
having at least 500/o of the cross-sectional area of the tunnel to be
constructed or cross sectional arca of 2 lane highway tunnel,
whichever is less, and 20% length of the tunnel to be constructed in
this project or 2 km, whichever is less and the cost of such prolect
shall be at least 20% of the Estimated Proiect Cost or Rs. '1000 Cr.,
whichever is less. For this purpose, a project shall be considered to
be completed, if more than 90% of the value of wo* has been
completed and such completed value of work is equal to or more
than 20% of the Estimated Project Cost or Rs. 1000 Cr., whichever is
less.
Clause 3,4.,l:
For the purpose of this RFP
a. highways sector would be deemed to include highways,
expressways, bridges, tunnels, runways, railways (construction/re
construclion of railway tracks, yards for keeping containers etc.) metro
rail and ports (including construction/re construction cost of Jetties.
any other linear infrastructure including bndges etc.): and
b. core sector woutd be deemed to include civil construction cost of
power sector, commercial setups (SEZS etc.), 'airports, industrial
parks/ estates, logistic parks, pipelines, irrigation, water supply,
sewerage, stadium, hospitals, hotel, smart city, warehousesisilos, oil &
gas and real estate development. Core sector will also include the
projects with the title of RIDF, PMGSY oad, link road, city roads, rural
road, sector/municipality road, real estate projects which demonstrate
road developmenUconstruction of es or culverts
Existing provisions of Model RFP of Proposed provisions of Model RFP of BOT(Toll)
BOT(Toll)

i.ln case of projects executed by applicant under category 3 and 4 as

a member of Joint Venture, lhe project cost should be restricted to the
share of the applicant in the joint venture for determining eligibility as
per provision under clause 2-2.2(AAl and 2.2.2(AAA). ln case
Statutory Auditor certilies that, the work of other membe(s) is also
executed by the applicant, then the total share executed by applicant
can be considered for determining eligibility as per provision under
clause 2.2.2(AA) and 2.2.2(AAA).

ii.Maintenance works are nol considered as eligible project for

evaluation as per Instruction No.6 to Annex-lv. As such works with
nomenclature like PR, OR, FDR,SR, siteimicro grading, surface
renewal, resurfacing work, Tarring, B.T. surface work, temporary
restoration, urgent works, periodic maintenance, repalr & rehabilitation,
one time maintenance, permanent protection work of bank, external
pre stressing, repair of central hinge, short term OMT contract of
NHAI, any type of work related to border fencing, work of earthwork
alone, construction of buildings/ hostels, etc., or not specified, shall not
be considered.

iii. ln case both the estimated cost ol project and revlsed cost of
proiect are provided, the revised cost of pro;ect shall be considered for
evaluation.