24006 / Stott / wifes / +] [eat at Ree or Hered (3.4,) ATed 56 WAT STEN TERT SOR Felfrerera (GA) AIGA 99 SAT SHAR Fares RI aac oRasrT ANH 56/99 VAT STyER STREAMLINING OF PROCEDURES IN BRO f.. Please refer MoD(BR) F. No. 04/696/2015/D&P (BR-I) dated 03 Feb: regatding streamlining of procedures in BRO. i In view of revised delegartion of Powers, Projects are advised to process costing more than Rs 150 Crs (works planned in EPC mode) through C & EPC Dte. costing Rs 100 Crs to Rs 150 Crs shall be processed through East and West Dte. Ent: 04 Sheely, Copy to:: HO/DGBRWest Die : For info Please, HQ DGBR/East Dte‘Annexure-I to MoD (BR) letter No. 04/696 /2015/D&PIB! RH) dated. oe 2022 Subject ‘Existing powers [Revised powers S Ne T Approval of AWP (Refer MoD (BR) Jetter dated 11" Aug, 2017) “JS (BR) Full powers 4 <)Mandatory Preparation of Wo change BRO to submit the AWP to Novem! 1d financial year Limit for preparation of DPR, Execution of Works & Appraisal of| Works through PAB (Refer MoD (BR) letter dated 29 Ang, 2017) Mandatory Preparation of DPR - Beyond Rs: 10 cr Mandatory execution of works through EPC - Beyond Rs, 100 Cr ‘Appraisal of _ Works. through PAB ~ Beyond Rs.100 Cr DPR— Beyond Rs.2 Cr Mandatory execution of works through EPC — Beyond Rs.150 Cr | | Appraisal of Works through PAB - Beyond Rs.200 Crs ‘Approval in Principal for Agency/Deposit Works (Refer MoD (BR) letter dated 6% Feb, 2009) i | ‘AIP for deposit/agency works is granted after approval of MoD For restoration work DGBR - upto Rs.5 Cr No AIP ts required to be obtained from MoD for such projects/ works that are listed in LTROWP and AIP is ) given for them. For works pot listed in LTROWP, BRO to obtain AIP from MoD, however, the AIP in such’ cases may be accorded within one month. However, administrative approval and expenditure sanction’ for civil works needs to be sought as applicable, to ensure that BRO has spare capacities to undertake that} ‘work without any impact on] their mandate. For restoration work DGBR upto Rs.25 Cr‘Approval and | Crs after approval of RM. Expenditure Sanction for Civil Works funded | (i) RM & FM : Beyond by MoD Rs.500 Cr upto Rs.1000 ice (Refer MoD (BR): Jeter dated 11 Aug, Rs corn RM; Beyond Rs.100 [Cr upto Rs.500 Cr. i \ ojo epee | Crs upto Rs. 100 Cr. | |(@ADGBR - Beyond | Re. 50 Cr upto Rs. 75 Cr. | | vi) CE: Upto Rs. SO Cr {ii RM: Beyond Rs.300 Cr upto Rs.500 Cr. | iv) Def Secy = id Rs.200 Cr upto Rs.300 Cr. {v) DGBR: Beyond Rs.100 Crs up to Rs. 200 Cr. (vi ADGBR : Beyond Rs. 50 Cr upto Rs. 100 Cr. (vil) CE: Upto Rs. 50 Cr (vii) Cmdr TF: Upto Rs.10 cr ‘APP must be submitted by Mid March for the next fiscal and to be approved by MoD by April. BRO t submit detailed paper ¢ APP in order to facilitate th actual requirements S. [Approval of Annual [JS (BR) ‘No Change Procurement Plan for V/E/P | (Refer MoD (BR) letter dated 11% Aug, | 2017) G. [Financial powers for | Secretary BRDB : Project | Powe below BRTFs Shifting/Relocation/ | HQrs and BRTFs Move of Project HQs, HO BRTFs and units |DGBR: All other units ig delegated to DGI for movement of 1 Ministry is required movement of undertaken.=e Subject Enhanced wages of CPLs to include the cost of —_ration including arranging supply through Army on payment basis and rare CPL clothing and provision of fees than the minimo™ necessary wages Accommodation and | Mi Medical facilities 1948. (Refer Para 504 of BR Regulations) can b including cost of Tation) including arranging supply through Army on basis, CPL accommodation medical facilities. ‘The guidelines for fixing the wages in such areas may be approved by DGBR in consultation with IFA (BR). oun|DOBR: Beyond Rs.10/ DGBR: Beyond Rs. 10 lakh B [Power for gradation of V/E/P esed on _ the mechanical condition assessed by Technical BOO. Twin cniteria would continue to exist. i MoD (BR) Jeter dated 11% Aug, lakh and up to Rs.20 lakh ADGBR: Beyond Rs.5 lakh and up to Rs.10 lakh and up to Rs.25 lakh ADGBR: Beyond Rs.5 and up to Rs. 10 laleh CE: upto Rs.5 lakh CE: upto Rs.5 lakh: 2017) _ Hiring of Critical Staff No such power exists.Ere saa , inn ase Hat fer vs feet He ag feet — 110010 24008 / Sreistome / TRA / th tat 03 ATT 222 yee oer Fees (S72) Apa 56 CA STH Fees SOR HeIfresrera (Gd) Het 99 SAT SHUR eres Hey afta uate Td 56/99 Gal Seu GUIDELINES REGARDING PROCEUDURES TO BE ADOPTED FOR ROADS & BRIDGES WORKS ON NATIONAL HIGHWAYS AND CENTRALLY FINANCED SCHEMES (FOR NH WORKS BEING FUNDED BY THE MINISTRY OF ROAD RANSPORT & HIGHWAYS AND THE BRO AS IMPLEMENTING AGENCY a. Please refer MoRT&H following letter: (a) RW/NH-24035/4/2008-P&MIPIC Vol. II dated 17 Sep 2018. (b) _H-39011/30/2015-P&P (Pt) dated 12 Mar 2019. (c) _ E-mail dated 22 Feb 2022 (copy enclosed) regarding Minutes of Meeting of DGBR with Secy (RT&H) held on 15 Feb 2022. 2. Presently, Delegation of Powers for MoRT&H works undertaken by BRO is governed by MORT&H circular dated 17 Sep 2018. 3, __ Now, following decision has been taken by MoRT&H: - oD (i) A Committee Co-Chaired by CE (BRO) and Zonal CE will be Constituted immediately. (i) CE (BRO) will be convener and CE (ROY'SE (RO) will be member in this committee. (il) Issues for which Zone & CE (RO) have delegation of Power to apy be decided unanimously by the Committee. (iv) Committee shall recommended the competent authority all approval is not delegated to the Zonal CE/RO. This committee shall either approve or recommend (as appli ation of Powers) on all issues listed as under:(a) ‘Approval of Alignment MoRTEHRCEn Ne ¥ Power is delegated to ADC wont oT exe) which was routed H.39011/30/2015-P&P (Pt!) dates sevised order Now committee will Authority i.e ADG (MoRT&H) through RO & Zonal CE as amended best alignment to ‘Competent directly. (b) Approval of DPRs | DPRs will be given by the Committee and tion and Financial Sanction, nt guidelines. Technical scrutiny! approval of all a will be forward to MoRT&H for Administra’ Financial sanction will be accorded as Per extet (c) Variation/Change of Scope Now all decision will be taken by empowered excess, for power enumerated in Para 6.1 in 24035/4/2008-P&M/PIC Vol. I dated 17 Sep 2018. committee, within permissible MoRT&H circular No. RW/NH- (a) _ Extension of time ommittee for power enumerated Now dt ion will be taken by empowered ci Se rererctia " 008-P&M/PIC Vol. Il dated 17 in Para 7 of circular No. RWI/NH-24035/4/2 Sep 2018. (e) Approval of Price Escalation/Bonus Now decision will be taken by empowered committee, within permissible excess for power enumerated in Para 6.2 of MoRT&H referred Circular RWINH-24035/4/2008-P&MIPIC Vol. II dated 17 Sep 2018. () Gontingency and Quality Control Now decision will be taken by empowered committee for Power enumerated in Para 6.3 of MoRT&H referred Circular RW/NH-24035/4/2008-P&M/PIC™ Vol. li dated 17 Sep 2018. 4. Incase, Competent authority is ADG/DG/Secy MoRT&H, th 0 committee shall be forwarded for approval of competent Sha Recommendation of Committee will not be again scrutinized in concemed Zone. will be done before and during committee meeting only. i 5. This is submitted for your information and necessary action please.Subject: Minutes of Meeting of Director y on 1800-20 te duos wee Ee : Bact Please find enclosed herewith the Minutes of Meeting of Director Ger Roads) with Secretary (RT&H) held on 15.02.2022 to discuss various pending ‘information and further -necessary action on issues deliberated as per dec mentioned in Minutes of Meeting + ‘Yours faithfully, Encl.: As above. (Harish Jakhar)_ Assistant Executive Engineer (NE Zone) To, 1. PPS of Secretary, MoRTH 2. Lt. Gen, Rajeev Chaudhry, VSM, Director General(BRO) 3. PPS to Shri S.K. Nirmal, ADG(Nodal Officer! 4, ADG (South |) & ADG (East 11), MoRTH 5. The MD, NHIDCL, New Delhi ; 5. All Chief Engineer, MoRTH RO, MoRTH, Itanagar 8, RO, MoRTH, GuwahatiHH) held on 15.02.2022 of BRO pending with ‘A Meeting under the Chairmanship of secretary(RT&! with DG (Border Roads) wherein DG(BR) raised the issues MoRTH. Following deliberations/dectsions were taken: + DG(BR) informed alignment of Frontier Highways it. It was decided an that number of projects along the proposed are with BRO for preparation of DRP/under development tion /finatization of DPR for Frontier that BRO to be associated in preparal ; in and presence of BRO in that area. Highway in view of the difficult terral ‘ ‘Agency for construction of Frontier Highway may be decided after finalization MHA. of DPR of Frontier Highway in consultation with i BRO: it was noted that 2. presently powers delegated to Chief Engineer (PWD), have been delegated to CE(BRO) as per the Ministry's Circular dated 17.09.2018, However, DG(BR) insisted for delegation of more powers to CE(BRO). 1. It was decided that the Committee co-chaired by CE(BRO) and Zonal CE will be constituted immediately. il. CE(BRO) concerned with the project as Convener and CE(RO)/SE(RO) will be a member in this committee. ifi, All the issues which Zonal and CE /RO_have the delegation to approve will be decided by this committee unanimously. iv. This committee shall recommend the to the competent authority all issues where the approvat is not delegated to the Zonal CE. v. This committee shall either approve or recommend on all the following issues as detailed above. i, Approval of Alignment and DPR li, Variation/Change of Scope il, Extension of Time iv. Contingency vv. Quality Control vi. Approval of price escalation/bonus Recommendations of the : committee shall be for ere of the competent authority in the Ministry a ‘ pees Recommendations of the committee will not be aie Scrutiny will be done before and during the mAssam : DPR for construction ‘of underwater tunnel in B ‘near Kaziranga, Assam is under preparation by NHIDCL. BRO has also prepared a DPR for construction of underwater tunr Brahamputra River near Kaziranga. It was agreed to have the pres from BRO for the above project in which NHIDCL may also be invited. ‘The meeting ended with a vote of thanks to chair. ee List of participants : + Shri Giridhar Aramane, Secretary, MORTH In the Chair 2, Lt. Gen. Rajeev Chaudhry, VSM, Director General(BRO) 3. ShriS.K. Nirmal, ADG(Nodal Officer) 4. Shri U.C. Katara, CE(NER)gaa IH: 011-25686964 ation wee SeTP TTT ¢7a ID: Lin gra ase AA fea we feo Se ag feeefi-110010 0@ March 2022 24006/DGBR/Policy/ + 2, JEPC Cell Wears arr werfreerera (qa) af an at onan araTA— 781014 fit : 160047 eae er afrra ERT 56/99 BAI STHUe REDUCTION OF CONTINGENCY CHARGES FOR THE EXECUTION OF EPC WORKS IN BRO < Reference MoRT&H letter No. A-12025/1/2020-NHIDCL Cell (pt) 42 Aug 2021, circulated vide this Dte letter No 24006/DGBR/Policy/26/EPC Cell da 07 Dec 2021. 2 It has been decided by the competent authority that Contingency Chat works planned for execution under EPC will be levied @ 1% of the civil cost existing 2.8%.REINSTATEMENT OF PROVISION OF EARNEST MONE’ IT (EMD) FOR HIGHWAY PROJECTS 4 Copy of MoRT&H letter No. NH-35014/20/2020-H-(Part-II) (E-196330) dated 28 Feb 2022 is forwarded herewith for your information and necessary action. 2: Competent Authority has approved that Bid Security to be provisioned for all EPC. ‘works under-taken by BRO as per MoRT&H letter No. RW/NH-37010/4/2010- EAP(Printing) Vol.-IV dated 05 Mar 2019(copy enclosed).” i Vol. AW , o.awnn 3010/4 210-28) Ministry of Road Transport & Highways nawan, 1, Partlamen ‘street, New Dethi - 110001 Dated: 05.03.2019 | ' og Works Department ! 1. The Principat Secretaries/Secretaries of all States/UTs Public deating with National Highways, other Centrally Sponsored Schemes & State ‘Schemes. 2. The Engineers-n-Chlet and Chief Engineers of all States/UTS Public Works Department dealing with National Highways, other Centrally Sponsored Schemes & State Schemes. 3. The Chairman, National Highways Authority of India (NHAI), G-5&6, Sector-I), Dwarka, New Dethi-110 075. 4. The Managing Director, National Highway infrastructure Development Corporation Ltd.,3rd floor, PTI Building, Partiament Street, New Dethi- 110 001 Sub: Standard Request for Proposal (RFP) for National Highways and centrally sponsored road works proposed to be implemented on EPC Mode of Contract. Ret: Ministry's letter no, RW/NH-37010/4/2010/PIC-EAP (Printing) dated 28.12.2018, Sir, This is in supersession to Ministry's circular referred above. RFP ‘ncorporating the various amendments made from time to time including the ‘submitting the bids without BIMS is enclosed herewith. 2 his REP document shall be used for all the National Highways and sponsored road works proposed to be implemented on EPC Mode of ds wil be tovited in future from the date of isue of this oaHiability whatsoever in relation 10 or arisin ility i t g out of any or all contents of the feasibility Repor’Detailed Project Report, The aforesaid documents and any addenda = Sequent to this RFP Document, will be deemed to form part of the Bidding iments. However, Feasibility Report / Detailed Project Report prepared by the Authority/ consultants of the Authority (the "Fea Report/Detailed Project a 1s not required in case of maintenance works like PR/HIIPR to be taken on EPC 124 A Bidder is required to submit, along with its BID, a BID Security of Rs.""""*"S (the "BID Security"), refundable not later than 150 (One hundred & fifty) days from the BID Due Date, except in the case of the Selected Bidder whose BID Security shall be retained till it has provided a Performance Security and Additional Performance Security (if any) as per the provision of this RFP and LOA. This Guarantee shall be transmitted through SFMS Gateway to NHAI/MORTH/State PWD/NHIDCL/BROs Bank. The Bidders shall also submit Demand Dra for Rs.—***issued from a scheduled Bank in India in favour of [“Pay & Accounts Officer, Ministry of Road Transport & Highways, New Delhi /National Highways Authority of India” payable at [New Delhi] 125 Bidders are advised to examine the Project in greater detail, and to carry out, at their cost, such studies as may be required for submitting their respective BIDs for award of the contract including implementation of the Project. 12.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a Bidder for implementing the Project (the "BED Price"). The total time allowed for completion, of construction under the Agreement (the “Construction Period”) and the period during which the Contractor shall be liable for maintenance and rectification of any defect or deficiency in the Project after completion of the Construction Period (the “Defect Liability Period”) shall be pre-determined, and are specified in the draft Agreement forming part of the Bidding Documents. Jn this REP, the term “Lowest Bidder” shall mean the Bidder who is quoting the lowest BID price. Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest Withdraws or is not selected for whatsoever reason except the reason mentioné ee te Beiter! Con ovis dtc 2 a et Conca» projet hang m stn Be a a ery, bt oes Sil eee Pet -deermined atthe rate of Rs: 10,000 for every Rs. 100 ero or pat thereof ‘of Rs, 200 crore shall Ye Rs. 20,000.(part-tl) (€-196330) Jodeci ted No. NH-35014/20. Ro it and Highways Ministry of Road Transp ion) . ment Street, New Delhi- Transport Bhawan, 1, Parti ‘Subject: Reinstatement of provision of Earnest Money Deposit (EMD) in bids for highway. projects - reg, J undersi rected to refer to this Ministry’s Office Memorandum of even er tated 9208 2022 (copy encased) ‘on the above subject vide which decision of the Competent authority to revert to the provisions of GFR, 2017 in the bid documents, whic eed teen Department of Expenditure Office Memorandum No.9/4/2020-Ppp, dated 12.11.2020 regarding bid security, has been conveyed. 2. Wart the aforesaid MoRTH O.M. dated 22.02.2022, clarification has been sought rearing status of NORTH letter no. RW/NH-37010/4/2010-EAP(Printing) Vol IV dated 07.10.2019 vide.which clause 2.20 of the model RFP of EPC project was modified to make provision for signing of ‘Bid securing declaration form’ only by the bidder. 3. Intthis regard, itis stated that the provision of Bid Security fs stipulated in Rule 170 (i) ‘of General Financial Rule 2017. Further, there is an alternative provision of Bid ‘Securing Declaration in place of Bid Security, as per Rule 170 (iii) of the GFR. 4. leis clarified that notwithstanding the provisions contained in the MoRTH aforesaid letter dated 07.10.2019, the latest instructions contained in the MoRTH O.M. dated 22.02.2022 are applicable to all modes, inctuding EPC, 5. All the im ae iplementing agencies of the MoRTH are requested to take necessary action 6. This issues with the approval of the competent authority. Encl: As above Deputy Secretary to the Govt, To (i) ASEFA, Mor? (ii) Chairman, Ny oan (Al CEs7Ros of Reta cer), nog Copy to: 5 t0 Hon th 5 PSS peaso. nr-as014720/2000-H-(Part ll) 196330) Government of Indie Ministry of Road Transport and Highways (Highways: Section) pethi-110001 Transport Bhawan, 1, Parliament Street, New. _ Office Memorandum Subject: Reinstatement of provision of Earnest Money projects.- reg. pepostt (EMD) in bids for highway, vide O.M. No. she undersigned is directed to say thet Department of Expencioie oan ae 12.11.2000 (copy enclosed) Iter alia provided that “4i)_ Notwithstanding anything contained in Rule 17 any ‘contained in the Procurement Manuals, Should be Kept in the Bid Documents in future and only Declaration should be kept in the Bid Documents +4 of GFRs 2017 or any other Rute or no rding Bid security (il) Wherever, there are competting circumstances to ask for Bid security, the same ytd be done ‘only with the approval of the next higher authority i.e the authority Competent to finalise the particular tender or the secretary ofthe Ministry/ Department, whichever is lower. (iit) These instructions were applicable for all the tenders issued till 34 12.2021. 2. All the implementing agencies of the MoRTH were directed to strictly comply with the aforesald DoE"s instructions vide this Ministry's OM G-20016/11/202-TF-II dated 17.11.2020 (copy enclosed). 3. In this regard, it fs stated that the effect of COVID pandemic in Highway sector has. neutralized. In such improved scenario, it is noted that now there is trend in recent bids for ‘submitting very low bids for important highway construction as well as consultancy contracts. Since there is no EMD Deposit, bidders are quoting abnormally low prices for the bid and after winning the bid, they start searching for sub-contractor. This tendency will have an adverse impact on quality and timely completion of important highway projects. 4. Inview of the above, it has been decided with the approval of Hon'ble Minister to revert to the provisions of GFR, 2017 relating to bid ich existed before’ of aforesaid DoE O.M. dated 12.11.2020. ye 5. All the implementing agencies of the MoRTH are Scere. Tequested to takeamg wit : 011-25686818 rr wee were zea fiat ase AAT fia te feet Se ag feeefl — 110010 AT 202 24008 arom canny FB 78h Fe N emer omy Ferfremera (S.5.) Aa 56 WAT STEN yeneta om Ferfreerera (a4) Aa 99 SAT SHEL eres Fer ahaa ope Apa 56/99 VAT SIPUY ADVISORY ON ACCEPTANCE OF EPC CONTRACT: AVAILABILITY OF 90% LAND AREA IN ROW 4. It has been noted by the Competent Authority that there are many Packages on various roads where commencement of work has been delayed even after issue of LoA. Authorities delay signing of agreement to avoid penalties as provisioned in Clause 3.4(iii) of Article 3 of the CA. 2. As per above Clause of the CA, it is obligatory on the part of Authority submission of the Performance Security as per RFP by the contractor) to provide to contractor “No less than 90% (ninety per cent) of the required Right of Way Construction Zone of total length of the Project Highway within a period (thirty) days from the date of this Agreement, which shall be in contiguous stretche length not less than 5 (five) kilometre”. Delay in providing Right of Way shall « contractor to damages as per provision of EPC Agreement. a Further Rule 22 of GFR 2017 stipulates that "N il F lo author expenditure or enter into any liability involving expenditure or 1a investment or deposit from public funds (Consolidated Fund/ Conti ; Public Accounts) unless the same has been sanctioned bya- You are requested to upload policy on BRO website under title DGBR Policy pleaseArticle 3 Obligations of the Authority 3.1 Obligations of the Authority cost and expense, undertake, comply with and perform (@ The Authority shall, at its o all its obligations set out in this Agreement or aris ing hereunder. (i) The Authority shall be responsible for the correctness of the Scope of the Project, ndards and the criteria for testing of the Project Facilities, Specifications ar completed Works. scurity as per the RFP by (iil) The Authority shall, upon submission of the Performanc the Contractor, shall provide to the Contract (a) less than cent) of the required Right of Way of the igth of the Project Highway within a period of 30 Construction 20 (thirty) days f s Agreement, which shall be in contiguous tretches of le 5 (five) kilometre. (6) approval of the general arrangement drawings (the “GAD") from railway author to construct road over- bridges/ under- bridges at level crossings on the Project Highway in accordance with the Specifications and Stand and subject to the terms and conditions: specified in such approval, within a period of 60 (sixty) days from) the Appointed Date, and reimbursement of all the costs and expenses pald bythe Contractor to the railway authorities for and in respect of the road aver jes to enable the Contrac (©) allenvironmental clearances as required under Clause 4.3.8 (iv) Delay in providing the Right of Way or approval of GAD by railway autho se may be, in accordance with the provisions of Clause 3.1 (il) Contractor to Damages in 2 sum calculated in accordance with the! Clause 8.3 of this Agreement and Time Extension in accordance: wise 10.5 of this Agreement. For the avoidance of doubt, the Damages for delay in approval of GAD by the railway authorities fo over-bridge/ under-bridge shall be deemed to be equal to the Dam the provisions of Clause 8.3 for delay in providing Right. ialometre for each such road over-bridge/ under-bridge. * Clause (b) may be omitted ifthe Project does'ncs: * Clause 3.1 (i) (6) may be suitably learances for the Project High :‘anything to the contrary contained in this Clause 8.2, the Authority shall ® parts of the Site, if any, for which Right of Way shall be provided to the or on the dates specified in Schedule-A. Such parts shall also be included in the (w) The Authority further acknowledges and agrees that prior to the Appointed Date, it shall have procured issuance of the statutory notification under Applicable Laws for vesting of 7y all the land comprising the Project in the Authority and has taken possession of | Zone for at least 90% (ninety per cent) of the total length of the lighway. The Parties also acknowledge and agree that the conditions specified in this Clause 8.2 (iif) shall not be modified or waived by either Party. (vi) For the avoidance of doubt, the Parties expressly agree that the Appendix shall inno event contain sections of the Project Highway the cumulative length of which exceeds 10% (ten percent) of the total length of the Project Highway. (vil) Pursuant to signing of Handover Memorandum under clause 8.2 (i), Contractor shall submit to the Authority's Engineer, a monthly land possession report till expiry of 180 {one hundred and eighty) days from Appointed Date, in respect of those parts of the site to which vacant access and right of way was not given to the contractor and included in ‘Appendix to the memorandum signed under clause 8.2 (i), duly specifying the part of the site, ifany, for which the right of way is yet to be handed over. 83 Damages for delay in handing over the Site (9 __ inthe event the Right of Way to any part of the Site Is not provided by the Authority on oF before the date(s) specified in Clause 8.2 for any reason other than Force Majeure or ‘breach of this Agreement by the Contractor, the Authority shall pay Damages to the Contractor a sum calculated in accordance with the following formula for and in respect. of those parts of the Site to which the Right of Way has not been provided: ‘Amount of Damages in Rs. per day per meter = 0.05 xCx 1/Lx1/N of the Project Highway in metres; and period in days (Appointed Date to Scheduled Completion Date) that any Damages are due and payable to the Contractor under the 8.3 (1) for delay in providing the Right of Way, the C