Corrigendum

Construction of four-lane Greenfield Delhi-Amritsar-Katra Expressway from Junction with Ludhiana-Malerkotla road
(SH-11) near Bhogiwal village to Junction with Ludhiana-Moga road (NH-5) near Mullanpur Dakha (Km 225+770 to km
260+860) on EPC mode under Bharatmala Pariyojna in the state of Punjab.

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Request for Proposal (RFP) Documents

1. Glossary of Additional Performance security As defined in Deleted

RFP clause 2.21.1

2. Clause 1.3 14. Submission Within 30 days of receipt 14. Submission Within 30 days of receipt
point no. 14 of of LOA. (The bidder has of of LOA. (The bidder has
of RFP Performance the option to provide Performance the option to provide
Security (PS) 50% of PS and APS, if Security (PS) 50% of PS within 30 days
and any within 30 days of of receipt of LOA and the
Additional receipt of LOA and the remaining PS to be
Performance remaining PS and APS, if provided within 30 days
Security any to be provided of signing of agreement)
(APS), if any within 30 days of signing
of agreement)

3. Clause 1.3 15 Signing of Within 10 days from the 15 Signing of Within 10 days from
point no. 15 Agreement receipt of 50% of Agreement the receipt of 50% of
of RFP Performance Security Performance Security
and 50% of Additional
Performance Security,
if any

4. Clause 2.20.5 to furnish the Performance Security to furnish the Performance Security as per
/Additional Performance Security (if any) Clause 2.21; or
Sl. No. Reference Existing Provision Revised Provision

(d) (ii) of RFP as per Clause 2.21; or

5. Clause 2.21.1
of RFP Within 30 (thirty) days of receipt of Letter of Within 30 (thirty) days of receipt of Letter of
Acceptance, the selected Bidder shall furnish to Acceptance, the selected Bidder shall furnish to
the Authority an irrevocable and unconditional the Authority an irrevocable and unconditional
guarantee from a Bank in the form set forth in guarantee from a Bank in the form set forth in
Appendix-VII (the “Performance Security”) for Appendix-VII (the “Performance Security”) for
an amount equal to 5% (five percent) of its Bid an amount equal to 3% (three percent) of its Bid
Price. In case of bids mentioned below, the Price.
Selected Bidder, along with the Performance
Security, shall also furnish to the Authority an
irrevocable and unconditional guarantee from a
Bank in the same form given at Appendix-VII
towards an Additional Performance Security
(the “Additional Performance Security”) for an
amount calculated as under:

(i) If the Bid Price offered by the Selected

Bidder is lower than 10% but upto 20% of the
estimated Project Cost, then the Additional
Performance Security shall be calculated @20%
of the difference in the (i) Estimated Project
Cost (as mentioned in RFP)-10% of the
Estimated Project Cost and (ii) the Bid Price
offered by the selected Bidder.

(ii)If the Bid Price offered by the Selected

Bidder is lower than 20% of the Estimated
Project Cost, then the Additional Performance
Security shall be calculated @ 30% of the
Sl. No. Reference Existing Provision
difference in the (i) Estimated Project Cost (as
mentioned in RFP)-10% of the Estimated
Project Cost and (ii) the Bid Price offered by the
Selected Bidder.
(iii)This Additional Performance Security shall
be treated as part of the Performance Security.
6. Clause 2.21.2 The Performance Security shall be valid until
of RFP 60(sixty) days after the Defects Liability Period.
The Additional Performance Security shall be
valid until 28 (twenty eight) days after Project
Completion Date.
7. Clause 2.21.3 The Selected Bidder has the option to provide
of RFP 50% of the Performance Security and 50% of the
Additional Performance Security, if any, within
30 (thirty) days of receipt of Letter of Acceptance,
in any case before signing of the Contract
Agreement and the remaining Performance
Security and Additional Performance Security, if
any, shall be submitted within 30 days of signing
of the agreement.
8. Clause 2.21.4
of RFP In the event the Selected Bidder fails to provide
the remaining Performance Security and
Additional Performance Security, if any, as
prescribed herein, it may seek extension of time
for a further period upto 60 days by paying the
Damages upfront along with the request letter
seeking the extension. The Damages shall be the
sum calculated at the rate of 0.01% (zero point
zero one per cent) of the Bid Price offered by the
Revised Provision
The Performance Security shall be valid until
60(sixty) days after the Defects Liability Period.
The Selected Bidder has the option to provide
50% of the Performance Security within 30
(thirty) days of receipt of Letter of Acceptance,
in any case before signing of the Contract
Agreement and the remaining Performance
Security shall be submitted within 30 days of
signing of the agreement.
In the event the Selected Bidder fails to provide
the remaining Performance Security as
prescribed herein, it may seek extension of time
for a further period upto 60 days by paying the
Damages upfront along with the request letter
seeking the extension. The Damages shall be the
sum calculated at the rate of 0.01% (zero point
zero one per cent) of the Bid Price offered by the
Selected Bidder for each day until the
Sl. No. Reference Existing Provision
Selected Bidder for each day until the
Performance Security and Additional
Performance Security, if any, is provided in full
as prescribed herein. The damages at full rate as
given above shall be applicable even if a part of
the Performance Security and the Additional
Performance Security is provided.
9. Clause 2.21.5
of RFP For avoidance of any doubt, in case of failure of
submission of Performance Security and
Additional Performance Security, if any, within
the additional 60 days’ time period, the award
shall be deemed to be cancelled/ withdrawn and
bidder will be suspended for participation in the
tendering process for the work of
MoRTH/NHAI/NHIDCL and work under other
Centrally Sponsored Schemes for a period of One
Year from the bid due date of this work by the
Authority. Thereupon all rights, privileges,
claims and entitlements of the Contractor under
or arising out of the Award shall be deemed to
have been waived by, and to have ceased with
the concurrence of the Contractor, and the
Award shall be deemed to have been withdrawn
by the Authority.
10. Clause 2.22 of
RFP The agreement will be executed within 10 days of
receipt of 50% Performance Security and 50% of
Additional Performance Security, if any, as per
Revised Provision
Performance Security is provided in full as
prescribed herein. The damages at full rate as
given above shall be applicable even if a part of
the Performance Security is provided.
For avoidance of any doubt, in case of failure of
submission of Performance Security within the
additional 60 days’ time period, the award shall
be deemed to be cancelled/ withdrawn and
bidder will be suspended for participation in
the tendering process for the work of
MoRTH/NHAI/NHIDCL and work under
other Centrally Sponsored Schemes for a period
of One Year from the bid due date of this work
by the Authority. Thereupon all rights,
privileges, claims and entitlements of the
Contractor under or arising out of the Award
shall be deemed to have been waived by, and to
have ceased with the concurrence of the
Contractor, and the Award shall be deemed to
have been withdrawn by the Authority.
The agreement will be executed within 10 days of
receipt of 50% Performance Security as per sub-
 Sl. No. Reference Existing Provision Revised Provision

sub-clause 2.21 above. clause 2.21 above.

11. Clause 3.3.5

of RFP After acknowledgement of the LOA as aforesaid by After acknowledgement of the LOA as aforesaid
the Selected Bidder, it shall cause the Bidder to by the Selected Bidder, it shall cause the Bidder to
submit Performance Security and Additional submit Performance Security within the period
Performance Security (if any) within the period prescribed/extended by Authority and then
prescribed/extended by Authority and then execute the Agreement within the period
execute the Agreement within the period prescribed in Clause 1.3. The Selected Bidder
prescribed in Clause 1.3. The Selected Bidder shall shall not be entitled to seek any deviation,
not be entitled to seek any deviation, modification modification or amendment in the Agreement.
or amendment in the Agreement.
12. Appendix –
VII In the Form of Bank Guarantee [Performance Security/ Additional Performance Security] may be read
as Performance Security
Form of Bank
Guarantee

13. Appendix –
VII Form of AND WHEREAS the Contract requires the AND WHEREAS the Contract requires the
Bank Contractor to furnish an {Performance Security/ Contractor to furnish the Performance Security for
Guarantee Additional Performance Security} for due and due and faithful performance of its obligations,
faithful performance of its obligations, under and under and in accordance with the Contract,
Para 2 in accordance with the Contract, during the during the {Construction Period/ Defects
{Construction Period/ Defects Liability Period Liability Period and Maintenance Period} in a
and Maintenance Period} in a sum of Rs….. cr. sum of Rs….. cr. (Rupees ………..….. crore) (the
(Rupees ………..….. crore) (the “Guarantee “Guarantee Amount”2).
Amount” ).1

1
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per Contract.
2
Guarantee Amount for Performance Security shall be calculated as per Contract.
Sl. No. Reference Existing Provision Revised Provision

14. Appendix – Guarantee Amount for Performance Security and Guarantee Amount for Performance Security shall
VII Additional Performance Security shall be be calculated as per Contract.
calculated as per Contract.
Form of Bank
Guarantee

Footnote

15. Appendix –
3. You are also requested to furnish 3. You are also requested to furnish
VIII
Performance Security for an amount of Performance Security for an amount of
…………………. {and Additional …………………. as per Clause 2.21 of the
Format of Performance Security for an amount of RFP within 30 (thirty) days of receipt of
LOA ……………………….} as per Clause 2.21 of this Letter of Acceptance (LOA). In case of
the RFP within 30 (thirty) days of receipt of delay in submission of Performance
this Letter of Acceptance (LOA). In case of Security, you may seek extension of time
delay in submission of Performance Security for a period not exceeding 60 (Sixty) days
and Additional Performance Security, if in accordance with Clause 2.21 of RFP.
any, you may seek extension of time for a
4. In case of failure of submission of
period not exceeding 60 (Sixty) days in
Performance Security and Security against
accordance with Clause 2.21 of RFP.
Damages (if any) within the additional 60
4. In case of failure of submission of (Sixty) days time period, the award shall
Performance Security, Additional be deemed to be cancelled and bidder will
Performance Security (if any) and Security be suspended for participation in the
against Damages (if any) within the tendering process for the work of
additional 60 (Sixty) days time period, the MORTH/NHAI/NHIDCL and work
Sl. No. Reference Existing Provision Revised Provision

award shall be deemed to be cancelled and under other centrally Sponsored Schemes
bidder will be suspended for participation in for a period of One Year from the bid due
the tendering process for the work of date of this work.
MORTH/NHAI/NHIDCL and work under
other centrally Sponsored Schemes for a
period of One Year from the bid due date of
this work.

Draft EPC Agreement

16. Table of Schedule S

---
contents Procedure for Dispute Resolution Board

17. Index- 7.2 of Extension of Performance Security

Extension of Performance Security and Additional
DCA
Performance Security
18. Recital-D of (ii) submit Performance Security and as per
(ii) submit Performance Security and
DCA RFP requirements, and
Additional Performance Security (if any) as per
(iii) execute this Agreement within 10 days
RFP requirements, and
from the receipt of 50% of Performance Security.
(iii) execute this Agreement within 10 days
from the receipt of 50% of Performance Security
and 50% of Additional Performance Security, if
any.
19. Clause 1.1 of “Performance Security” shall have the meaning
“Performance Security” and “Additional
DCA set forth in Clause 7.1
Performance Security” shall have the meaning set
Definition
forth in Clause 7.1
Sl. No. Reference Existing Provision Revised Provision

20. Clause 7.1 (i)

DCA (i) (A) Within 30 (thirty) days of receipt of
Letter of Acceptance, the selected Bidder
shall furnish to the Authority an irrevocable
and unconditional guarantee from a Bank in
the form set forth in Annex-I of Schedule-G
(the “Performance Security”) for an amount
equal to 5% (five percent) of its Bid Price.
(ii) (A) Within 30 (thirty) days of receipt of
In case of bids mentioned below, the
Letter of Acceptance, the selected Bidder
Selected Bidder, along with the
shall furnish to the Authority an
Performance Security, shall also furnish to
irrevocable and unconditional guarantee
the Authority an irrevocable and
from a Bank in the form set forth in Annex-I
unconditional guarantee from a Bank in
of Schedule-G (the “Performance
the same form given at Annex-I of
Schedule-G towards an Additional Security”) for an amount equal to 3%
Performance Security (the “Additional (three percent) of its Bid Price.
Performance Security”) for an amount
calculated as under:
(B) The Performance Security shall be valid
(a) If the Bid Price offered by the Selected
until 60(sixty) days after the Defects Liability
Bidder is lower than 10% but upto 20% of the
Period.
estimated Project Cost, then the Additional
Performance Security shall be calculated @20% of
the difference in the (i) Estimated Project Cost (as
mentioned in RFP)-10% of the Estimated Project
Cost and (ii) the Bid Price offered by the selected
Bidder.
(b) If the Bid Price offered by the Selected
Sl. No. Reference Existing Provision Revised Provision

Bidder is lower than 20% of the Estimated Project

Cost, then the Additional Performance Security
shall be calculated @ 30% of the difference in the
(i) Estimated Project Cost (as mentioned in RFP)-
10% of the Estimated Project Cost and (ii) the Bid
Price offered by the Selected Bidder.
(c) This Additional Performance Security shall
be treated as part of the Performance Security.

(B) The Performance Security shall be valid

until 60(sixty) days after the Defects Liability
Period. The Additional Performance Security
shall be valid until 28 (twenty eight) days after
Project Completion Date.

21. Clause 7.1 (ii)

of DCA The Selected Bidder has the option to provide 50%
of the Performance Security and 50% of the
Additional Performance Security, if any, within
30 (thirty) days of receipt of Letter of Acceptance,
in any case before signing of the Contract
Agreement and the remaining Performance
Security and Additional Performance Security, if
any, shall be submitted within 30 days of signing of
this agreement.
The Selected Bidder has the option to provide 50%
of the Performance Security within 30 (thirty)
days of receipt of Letter of Acceptance, in any case
before signing of the Contract Agreement and the
remaining Performance Security shall be
submitted within 30 days of signing of this
agreement.

22. Clause 7.1 (iii)

of DCA In the event the Selected Bidder fails to provide the In the event the Selected Bidder fails to provide
remaining Performance Security and Additional the remaining Performance Security as prescribed
Sl. No. Reference Existing Provision
Performance Security, if any, as prescribed herein,
it may seek extension of time for a further period
upto 60 days by paying the Damages upfront along
with the request letter seeking the extension. The
Damages shall be the sum calculated at the rate of
0.01% (zero point zero one per cent) of the Bid
Price offered by the Selected Bidder for each day
until the Performance Security and Additional
Performance Security, if any, is provided in full as
prescribed herein. The damages at full rate as given
above shall be applicable even if a part of the
Performance Security and the Additional
Performance Security is provided.
23. Clause 7.1 (iv)
of DCA For avoidance of any doubt, in case of failure of
submission of Performance Security and
Additional Performance Security, if any, within
the additional 60 days’ time period, the award shall
be deemed to be cancelled/ withdrawn and the
bidder will be suspended for participation in the
tendering process for the work of
MoRTH/NHAI/NHIDCL and work under other
centrally Sponsored Schemes for a period of One
Year from the bid due date of this work by the
Authority. Thereupon all rights, privileges, claims
and entitlements of the Contractor under or arising
out of the Award shall be deemed to have been
Revised Provision
herein, it may seek extension of time for a further
period upto 60 days by paying the Damages
upfront along with the request letter seeking the
extension. The Damages shall be the sum
calculated at the rate of 0.01% (zero point zero one
per cent) of the Bid Price offered by the Selected
Bidder for each day until the Performance
Security is provided in full as prescribed herein.
The damages at full rate as given above shall be
applicable even if a part of the Performance
Security is provided.
For avoidance of any doubt, in case of failure of
submission of Performance Security within the
additional 60 days’ time period, the award shall
be deemed to be cancelled/ withdrawn and the
bidder will be suspended for participation in the
tendering process for the work of
MoRTH/NHAI/NHIDCL and work under other
centrally Sponsored Schemes for a period of One
Year from the bid due date of this work by the
Authority. Thereupon all rights, privileges, claims
and entitlements of the Contractor under or
arising out of the Award shall be deemed to have
been waived by, and to have ceased with the
Sl. No. Reference Existing Provision Revised Provision

waived by, and to have ceased with the concurrence of the Contractor, and the Award
concurrence of the Contractor, and the Award shall shall be deemed to have been withdrawn by the
be deemed to have been withdrawn by the Authority
Authority

24. Clause 7.2 of

DCA Extension of Performance Security and Extension of Performance Security
Additional Performance Security

25. Clause 7.4 (ii)

of DCA The Authority shall return the Additional Deleted
Performance Security to the Contractor within 28
(twenty eight) days from the date of issue of
Completion Certificate under Article 12 of this
Agreement.

26. Clause 7.4 (iii)

of DCA The Authority shall be liable to pay interest @ 9%
The Authority shall be liable to pay interest @ 9%
(nine per cent) per annum for any delay in the
(nine per cent) per annum for any delay in the
return of Performance Security and Additional
return of Performance Security beyond the period
Performance Security, if any, beyond the period
prescribed above for the period of delay.
prescribed above for the period of delay.

27. Clause 23.6 (i)

encash and appropriate the Performance Security,
(a) of DCA
Additional Performance Security if any and
Retention Money, or in the event the Contractor
has failed to replenish or extend the Performance
Security and Additional Performance Security if
any, claim the amount stipulated in Clause 7.1, as
encash and appropriate the Performance Security
and Retention Money, or in the event the
Contractor has failed to replenish or extend the
Performance Security claim the amount stipulated
in Clause 7.1, as agreed pre-determined
compensation to the Authority for any losses,
Sl. No. Reference Existing Provision Revised Provision

agreed pre-determined compensation to the delays and cost of completing the Works and
Authority for any losses, delays and cost of Maintenance, if any;
completing the Works and Maintenance, if any;

28. Clause 23.6

return the Performance Security, Additional
(ii) (a) of DCA return the Performance Security and Retention
Performance Security and Retention Money
Money forthwith;
forthwith;

29. Schedule-G
Annex-I [Performance Security/Additional Performance [Performance Security]
Heading Security]