01section1to6 EPC70

EPC 70 - Improvement to Morshi Ashti Thar Pardi Road SH-292 Km 238/00 to 245/00 Taluka - Ashti
(Part -1) & Morshi Ashti Thar Pardi Road SH 292 Km 245/00 to 259/00 (Total Length = 21.00Km)
Taluka-Karanja District – Wardha. (Part - Ashti to Nara Godhani)
MAHARASHTRA STATE ROAD IMPROVEMENT PROJECT

(MSRIP - PHASE III)
PROCUREMENT OF WORKS
BIDDING DOCUMENT
For
(EPC 70 - Improvement to Morshi Ashti Thar Pardi Road

SH-292 Km 238/00 to 245/00 Taluka - Ashti (Part -1) &
Morshi Ashti Thar Pardi Road SH 292 Km 245/00 to
259/00 (Total Length = 21.00Km) Taluka-Karanja District
– Wardha. (Part - Ashti to Nara Godhani))
Issued on:
Invitation for Bids No.:
OCB No.
Employer: Chief Engineer (K) & Project Director (EAP)
through Executive Engineer,
Public Works Division, Arvi
Tel. No.: 07157-223859
Email: arvi.ee@mahapwd.gov.in
Country: India.
Contractor Executive Engineer,


PREFACE
This Bidding Document for the Engineering Procurement and Construction (EPC) contract has
been prepared by the Public Works Department, Government of Maharashtra and is based on
the Standard Bidding Document for the Procurement of Works (SBD Works)and includes
modified Model EPC Agreement (EPC Agreement) issued by MoRTH dated January 2021and
various Government resolutions issued by Public Works Department and MoRTH which can
be downloaded from www.mahatenders.gov.in / https://morth.nic.in.
SBD for Works has the structure and the provisions of the Master Procurement Document
entitled “Bidding Documents for the Procurement of Works”, prepared by multilateral
development banks and other public financial institutions.

TABLE OF CONTENTS
PART I BIDDING PROCEDURES
Section 1 -Instructions to Bidders (ITB) --------------------------------- 1-1
This Section specifies the procedures Bidders should follow when
preparing and submitting their Bids. Information is also provided on the
submission, opening, evaluation of bids, and on the award of contract.
Section 2 -Bid Data Sheet (BDS) -------------------------------------------- 2-1

This Section consists of provisions that are specific to each procurement
and supplement the information or requirements included in Section 1 -
Instructions to Bidders.
Section 3 -Evaluation and Qualification Criteria (EQC) -------------- 3-1

This Section contains the criteria to determine the lowest evaluated bid
and the qualifications of the Bidder to perform the contract.
Section 4 -Bidding Forms (BDF) ------------------------------------------- 4-1

This Section contains the forms to be completed by the Bidder and
submitted as part of its Bid.
Section 5 -Eligible Countries (ELC) ---------------------------------------- 5-1

This Section contains the list of eligible countries.
PART II REQUIREMENTS
Section 6 -Employer’s Requirements (ERQ) ---------------------------- 6-1
This Section contains the Specifications, Drawings, and Supplementary
Information that describe the Works to be procured, Personnel
Requirements, and Equipment Requirements.
PART III CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section 7 – Engineering Procurement and Construction (EPC)
Agreement ---------------------------------------------------------------------- 7-1
This Section contains the clauses that govern the Contract, describes the
project, and contains forms that, once completed, will form the Contract
agreement.

EPC 70 - Improvement to Morshi Ashti Thar Pardi Road SH-292 Km 238/00 to 245/00 Taluka -
Ashti (Part -1) & Morshi Ashti Thar Pardi Road SH 292 Km 245/00 to 259/00 (Total Length =
21.00Km) Taluka-Karanja District – Wardha. (Part - Ashti to Nara Godhani)
PART I BIDDING PROCEDURES

SECTION 1: INSTRUCTIONS TO BIDDERS
This Section specifies the procedures to be followed by Bidders in the preparation and submission of
their Bids. Information is also provided on the submission, opening, evaluation of bids, and award of
contract.
Table of Clauses
A. GENERAL .................................................................................................................................... 8
1. Scope of Bid ................................................................................................................................ 8
2. Source of Funds ........................................................................................................................... 8
3. Fraud and Corruption .................................................................................................................. 8
4. Eligible Bidders ......................................................................................................................... 10
5. Eligible Materials, Equipment and Services ................................................................................ 13
B. CONTENTS OF BIDDING DOCUMENT ........................................................................................13
6. Sections of Bidding Document ...................................................................................................13
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ...................................................14
8. Amendment of Bidding Document .............................................................................................15
C. PREPARATION OF BIDS.............................................................................................................16
9. Cost of Bidding .......................................................................................................................... 16
10. Language of Bid ......................................................................................................................... 16
11. Documents Comprising the Bid .................................................................................................16
12. Letters of Bid and Schedules ......................................................................................................17
13. Alternative Bids ........................................................................................................................17
14. Bid Prices and Discounts ...........................................................................................................18
15. Currencies of Bid and Payment .................................................................................................. 20
16. Documents Comprising the Technical Proposal .........................................................................21
17. Documents Establishing the Qualifications of the Bidder ........................................................... 22
18. Period of Validity of Bids ........................................................................................................... 22
19. Bid Security/Bid-Securing Declaration ......................................................................................22
20. Format and Signing of Bid .........................................................................................................24
D. SUBMISSION AND OPENING OF BIDS ........................................................................................25
21. Sealing and Marking of Bids.......................................................................................................25
22. Deadline for Submission of Bids ................................................................................................ 26
23. Late Bids ................................................................................................................................... 27
24. Withdrawal, Substitution, and Modification of Bids ................................................................... 27
25. Bid Opening .............................................................................................................................. 28
E. EVALUATION AND COMPARISON OF BIDS ................................................................................ 31
26. Confidentiality ..........................................................................................................................31

27. Clarification of Bids ...................................................................................................................31

28. Deviations, Reservations, and Omissions ................................................................................... 32
29. Examination of Technical Bids .................................................................................................. 32
30. Responsivenessof Technical Bid ................................................................................................ 32
31. Nonmaterial Nonconformities ................................................................................................... 33
32. Qualification of the Bidder .........................................................................................................34
33. Subcontractors ..........................................................................................................................34
34. Correction of Arithmetical Errors .............................................................................................. 35
35. Conversion to Single Currency ...................................................................................................35
36. Domestic Preference .................................................................................................................35
37. Evaluation and Comparison of Price Bids .................................................................................. 36
38. Abnormally Low bids ................................................................................................................37
39. Unbalanced or Front-Loaded Bids ............................................................................................. 38
40. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids .............................................39
41. Notice of Intention for Award of Contract .................................................................................. 39
F. AWARD OF CONTRACT .............................................................................................................39
42. Award Criteria ..........................................................................................................................39
43. Notification of Award ................................................................................................................ 39
44. Signing of Contract ....................................................................................................................40
45. Performance Security ................................................................................................................40
46. Bidding-Related Complaints ...................................................................................................... 41

A. GENERAL
1. Scope of Bid 1.1 In connection with the Invitation for Bids (IFB) indicated in
the Bid Data Sheet (BDS), the Employer, as indicated in the
BDS, issues this Bidding Document for the procurement of
Works as specified in Section 6 (Employer’s Requirements).
The name, identification, and number of contracts of the
open competitive bidding (OCB) are provided in the BDS.
1.2 Throughout this Bidding Document,

(a) the term “in writing” means communicated in written
form and delivered against receipt;
(b) except where the context requires otherwise, words
indicating the singular also include the plural and words
indicating the plural also include the singular; and
(c) “day” means calendar day.
2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”)

indicated in the BDS has applied for or received financing
(hereinafter called “funds”) from the Proposed Lending
Institute (hereinafter called “Lending Institute”) toward the
cost of the project named in the BDS. The Borrower intends to
apply a portion of the funds to eligible payments under the
contract(s) for which this Bidding Document is issued.
2.2 Payments by the Lending Institute will be made only at the

request of the Borrower and upon approval by Lending
Institute in accordance with the terms and conditions of the
Financing Agreement between the Borrower and Lending
Institute (hereinafter called “Financing Agreement”), and will
be subject in all respects to the terms and conditions of that
Financing Agreement. No party other than the Borrower shall
derive any rights from the Financing Agreement or have any
claim to the funds.
3. Fraud and 3.1 The Bidders and their respective officers, employees, agents
Corruption and advisers shall observe the highest standard of ethics
during the Bidding Process and subsequent to the issue of the

LOA and during the subsistence of the Agreement.

Notwithstanding anything to the contrary contained herein,
or in the LOA or the Agreement, the Authority may reject a
BID, withdraw the LOA, or terminate the Agreement, as the
case may be, without being liable in any manner whatsoever
to the Bidder, if it determines that the Bidder, directly or
indirectly or through an agent, engaged in corrupt practice,
fraudulent practice, coercive practice, undesirable practice or
restrictive practice in the Bidding Process. In such an event,
the Authority shall be entitled to forfeit and appropriate the
BID Security or Performance Security, as the case may be, as
Damages, without prejudice to any other right or remedy that
may be available to the Authority under the Bidding
Documents and/ or the Agreement, or otherwise.
3.2 Without prejudice to the rights of the Authority under Clause

3.1 hereinabove and the rights and remedies which the
Authority may have under the LOA or the Agreement, or
otherwise if a Bidder or Contractor, as the case may be, is
found by the Authority to have directly or indirectly or
through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice during the Bidding Process, or
after the issue of the LOA or the execution of the Agreement,
such Bidder shall not be eligible to participate in any tender
or RFP issued by the Authority during a period of 2 (two)
years from the date such Bidder, or Contractor, as the case
may be, is found by the Authority to have directly or indirectly
or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practices, as the case may be.
3.3 For the purposes of this, the following terms shall have the
meaning hereinafter respectively assigned to them:
(a) “corrupt practice” means the offering, giving, receiving or

soliciting of anything of value, pressurizing to influence the
action of a public official in the process of tendering and

execution of the project;
(b) “fraudulent practice” means a misrepresentation or

omission of facts or suppression of facts or disclosure of
incomplete facts, in order to influence the Bidding Process;
(c) “coercive practice” means impairing or harming, or

threatening to impair or harm, directly or indirectly, any
person or property to influence any person’s participation or
action in the Bidding Process;
(d) “undesirable practice” means (i) establishing contact with

any person connected with or employed or engaged by the
Authority with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding
Process; or (ii) having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at

any understanding or arrangement among Bidders with the
objective of restricting or manipulating a full and fair
competition in the Bidding Process.
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or

government-owned enterprise subject to ITB 4.5—or any
combination of them with a formal intent to enter into an
agreement or under an existing agreement in the form of a
Joint Venture. In the case of a Joint Venture,
(a) all partners shall be jointly and severally liable; and

(b) the Joint Venture shall nominate a Representative who
shall have the authority to conduct all business for and on
behalf of any and all the parties of the Joint Venture during
the bidding process and, in the event the Joint Venture is
awarded the Contract, during contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have
the nationality of an eligible country. A Bidder shall be
deemed to have the nationality of a country if the Bidder is a
citizen or is constituted, incorporated, or registered, and

operates in conformity with the provisions of the laws of that

country. This criterion shall also apply to the determination of
the nationality of proposed Subcontractors or Suppliers for
any part of the Contract including related services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder
may be considered to be in a conflict of interest with one or
more parties in the bidding process if any of, including but not
limited to, the following apply:
(a) they have controlling shareholders in common; or

(b) they receive or have received any direct or indirect
subsidy from any of them; or
(c) they have the same legal representative for purposes of
this bid; or
(d) they have a relationship with each other, directly or
through common third parties, that puts them in a
position to have access to material information about or
improperly influence the bid of another Bidder, or
influence the decisions of the Employer regarding this
bidding process; or
(e) a Bidder participates in more than one bid in this bidding
process, either individually or as a partner in a Joint
Venture, except for alternative offers permitted under ITB
13 of the Bidding Document. This will result in the
disqualification of all Bids in which it is involved.
However, subject to any finding of a conflict of interest in
terms of ITB 4.3(a)-(d) above, this does not limit the
participation of a Bidder as a Subcontractor in another Bid
or of a firm as a Subcontractor in more than one Bid; or
(f) a Bidder, Joint Venture partner, associates, parent
company, or any affiliated entity, participated as a
Consultant in the preparation of the design or technical
specifications of the works that are the subject of the Bid;
or
(g) a Bidder was affiliated with a firm or entity that has been
hired (or is proposed to be hired) by the Employer or

Borrower as Engineer for the contract; or

(h) a Bidder would be providing goods, works, or non-
consulting services resulting from or directly related to
consulting services for the preparation or implementation
of the project specified in the BDS ITB 2.1 that it provided
or were provided by any affiliate that directly or indirectly
controls, is controlled by, or is under common control with
that firm.
4.4 Deleted
4.5 Government-owned enterprises in the Employer’s country

shall be eligible only if they can establish that they (i) are
legally and financially autonomous, (ii) operate under
commercial law, and (iii) are not a dependent agency of the
Employer.
4.6 A Bidder shall not be under suspension from bidding by the

Employer as the result of the execution of a Bid–Securing
Declaration.
4.7 Bidders shall provide such evidence of their continued

eligibility satisfactory to the Employer, as the Employer shall
reasonably request.
4.8 Bidders shall be excluded if by an act of compliance with a

decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, the
Borrower’s country prohibits any import of goods or any
payments to, a particular country, persons or entity in respect
of goods or services originating in that country. Where the
Borrower’s country prohibits payments to a particular person
or entity or for particular goods or services by such an act of
compliance, that firm shall be excluded.
4.9 In case a prequalification process has been conducted prior to

the bidding process, this bidding is open only to prequalified
Bidders.

5. Eligible 5.1 The materials, equipment, and services to be supplied under

Materials, the Contract shall have their origin in eligible source countries
Equipment and as defined in ITB 4.2, and all expenditures under the Contract
Services
will be limited to such materials, equipment, and services. At
the Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment, and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where
the materials and equipment are mined, grown, produced, or
manufactured, and from which the services are provided.
Materials and equipment are produced when, through
manufacturing, processing, or substantial or major
assembling of components, a commercially recognized
product results that differs substantially in its basic
characteristics or in purpose or utility from its components.
B. CONTENTS OF BIDDING DOCUMENT

6. Sections of 6.1 The Bidding Document consist of Parts I, II, and III, which
Bidding Document include all the sections indicated below, and should be read in
conjunction with any addenda issued in accordance with ITB
8.
PART I Bidding Procedures

Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
Section 5 - Eligible Countries (ELC)
PART II Requirements
Section 6 - Employer’s Requirements (ERQ)
PART III Conditions of Contract and Contract Forms
Section 7 - General Conditions of Contract (GCC)
6.2 The IFB issued by the Employer is not part of the Bidding
Document.

6.3 The Employer is not responsible for the completeness of the

Bidding Document and their addenda, if they were not
obtained directly from the source stated by the Employer in
the IFB.
6.4 The Bidder is expected to examine all instructions, forms,

terms, and specifications in the Bidding Document. Failure to
furnish all information or documentation required by the
Bidding Document may result in the rejection of the bid.
7. Clarification of 7.1 A prospective Bidder requiring any clarification on the

Bidding Document, Bidding Document shall contact the Employer in writing at
Site Visit, Pre-Bid the Employer’s address indicated in the BDS or raise his
Meeting
inquiries during the pre-bid meeting if provided for in
accordance with ITB 7.4. The Employer will respond in
writing to any request for clarification, provided that such
request is received no later than 21 days prior to the deadline
for submission of bids. The Employer shall forward copies of
its response to all Bidders who have acquired the Bidding
Document in accordance with ITB 6.3, including a description
of the inquiry but without identifying its source. Should the
Employer deem it necessary to amend the Bidding Document
as a result of a request for clarification, it shall do so following
the procedure under ITB 8 and ITB 22.2.
7.2 The Bidder is advised to visit and examine the Site of Works
and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for
preparing the Bid and entering into a contract for
construction of the Works. The costs of visiting the Site shall
be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter its premises and lands
for the purpose of such visit, but only upon the express
condition that the Bidder, its personnel, and agents will
release and indemnify the Employer and its personnel and
agents from and against all liability in respect thereof, and will

be responsible for death or personal injury, loss of or damage

to property, and any other loss, damage, costs, and expenses
incurred as a result of the inspection.
7.4 The Bidder’s designated representative is invited to attend a

pre-bid meeting, if provided for in the BDS. The purpose of the
meeting will be to clarify issues and to answer questions on
any matter that may be raised at that stage.
7.5 The Bidder is requested to submit any questions in writing, to

reach the Employer not later than 1 week before the meeting.
7.6 Minutes of the pre-bid meeting, including the text of the

questions raised, without identifying the source, and the
responses given, together with any responses prepared after
the meeting, will be transmitted promptly to all Bidders who
have acquired the Bidding Document in accordance with ITB
6.3. Any modification to the Bidding Document that may
become necessary as a result of the pre-bid meeting shall be
made by the Employer exclusively through the issue of an
addendum pursuant to ITB 8 and not through the minutes of
the pre-bid meeting.
7.7 Nonattendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the
Bidding Document Employer may amend the Bidding Document by issuing
addenda.

8.2 Any addendum issued shall be part of the Bidding Document

and shall be communicated in writing to all who have
obtained the Bidding Document from the Employer in
accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take

an addendum into account in preparing their Bids, the
Employer may, at its discretion, extend the deadline for the
submission of Bids, pursuant to ITB 22.2
C. PREPARATION OF BIDS
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the
preparation and submission of its Bid, and the Employer shall
in no case be responsible or liable for those costs, regardless
of the conduct or outcome of the bidding process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents
relating to the bid exchanged by the Bidder and the
Employer, shall be written in the language specified in the
BDS. Supporting documents and printed literature that are
part of the Bid may be in another language provided they are
accompanied by an accurate translation of the relevant
passages in the language specified in the BDS, in which case,
for purposes of interpretation of the Bid, such translation
shall govern.
11. Documents 11.1 The Bid shall comprise two envelopes submitted
Comprising the Bid 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, both envelopes
enclosed together in an outer single envelope.
11.2 The Technical Bid shall comprise the following:
(a) Letter of Technical Bid;

(b) Bid Security or Bid-Securing Declaration, in accordance
with ITB 19;

(c) alternative Bids, if permissible, in accordance with ITB 13;

(d) written confirmation authorizing the signatory of the Bid
to commit the Bidder, in accordance with ITB 20.2;
(e) documentary evidence in accordance with ITB 17,
establishing the Bidder’s qualifications to perform the
contract;
(f) Technical Proposal in accordance with ITB 16;
(g) Any other document required in the BDS.
11.3 The Price Bid shall comprise the following:
(a) Letter of Price Bid;

(b) completed Price Schedules, in accordance with ITB 12 and
ITB 14;
(c) alternative price Bids, at Bidder’s option and if
permissible, in accordance with ITB 13;
(d) Any other document required in the BDS.
11.4 In addition to the requirements under ITB 11.2, Bids
submitted by a Joint Venture shall include a copy of the Joint
Venture Agreement entered into by all partners.
Alternatively, a Letter of Intent to execute a Joint Venture
Agreement in the event of a successful Bid shall be signed by
all partners and submitted with the Bid, together with a copy
of the proposed agreement.
12. Letters of Bid 12.1 The Letters of Technical Bid and Price Bid, and the Schedules,
and Schedules including Bill of Quantities, shall be prepared using the
relevant forms furnished in Section 4 (Bidding Forms). The
forms must be completed without any alterations to the text,
and no substitutes shall be accepted. All blank spaces shall be
filled in with the information requested and as required in
the BDS.
13. Alternative 13.1 Unless otherwise indicated in the BDS, alternative Bids shall
Bids not be considered

13.2 When alternative times for completion are explicitly invited,

a statement to that effect will be included in the BDS, as will
the method of evaluating different times for completion.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to

offer technical alternatives to the requirements of the
Bidding Document must first price the Employer’s design as
described in the Bidding Document and shall further provide
all information necessary for a complete evaluation of the
alternative by the Employer, including drawings, design
calculations, technical specifications, breakdown of prices,
and proposed construction methodology and other relevant
details. Only the technical alternatives, if any, of the lowest
evaluated Bidder conforming to the basic technical
requirements shall be considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the
Works. Such parts will be identified in the BDS and described
in Section 6 (Employer’s Requirements). The method for
their evaluation will be stipulated in Section 3 (Evaluation
and Qualification Criteria).
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter
Discounts of Price Bid and in the Bill of Quantities shall conform to the
requirements specified below.
14.2 The Bidder shall fill in rates and prices for all items of the
Works described in the Bill of Quantities. Items against which
no rate or price is entered by the Bidder will not be paid for
by the Employer when executed and shall be deemed
covered by the rates for other items and prices in the Bill of
Quantities. Unit rates and prices for all items of the Works
described in the Bill of Quantities shall be expressed in
positive values. If unit rates and prices are expressed in
negative values, the bid will be rejected.

14.3 The price to be quoted in the Letter of Price Bid, in

accordance with ITB 12.1, shall be the total price of the Bid,
excluding any discounts offered. Absence of the total bid
price in the Letter of Price Bid may result in the rejection of
the Bid.
14.4 The Bidder shall quote any discounts and the methodology
for their application in the Letter of Price Bid, in accordance
with ITB 12.1.
14.5 The prices shall be either fixed or adjustable as specified in

the BDS.
(a) In the case of Fixed Price, prices quoted by the Bidder

shall be fixed during the Bidder’s performance of the
contract and not subject to variation on any account. A Bid
submitted with an adjustable price will be treated as
nonresponsive and rejected.
(b) In the case of Adjustable Price, prices quoted by the Bidder
shall be subject to adjustment during performance of the
contract to reflect changes in the cost elements such as
labor, material, transport, and contractor’s equipment in
accordance with the provisions of the Conditions of
Contract. A Bid submitted with a fixed price will be treated
as nonresponsive and be rejected. The Bidder shall furnish
the indexes and weightings for the price adjustment
formulas in the Tables of Adjustment Data included in
Section 4 (Bidding Forms) and the Employer may require
the Bidder to justify its proposed indexes and weightings.
Any bid that omits indexes and weightings shall be subject
to clarification with the Bidder.
14.6 If so, indicated in ITB 1.1, bids are being invited for individual
contracts or for any combination of contracts (packages).
Bidders wishing to offer any price reduction for the award of
more than one Contract shall specify in their bid the price
reductions applicable to each package, or alternatively, to
individual Contracts within the package. Price reductions or

discounts shall be submitted in accordance with ITB 14.4,

provided the Bids for all contracts are submitted and opened
at the same time.
14.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28
days prior to the deadline for submission of bids, shall be
included in the rates and prices and the total Bid Price
submitted by the Bidder.
15. Currencies of 15.1 The unit rates and the prices shall be quoted by the Bidder
Bid and Payment entirely in the currency specified in the BDS.
15.2 Bidders shall indicate the portion of the bid price that
corresponds to expenditures incurred in the currency of the
Employer’s country in the Schedule of Payment Currencies
included in Section 4 (Bidding Forms).
15.3 Bidders expecting to incur expenditures in other currencies

for inputs to the Works supplied from outside the Employer’s
country and wishing to be paid accordingly may indicate the
other currencies in the Schedule of Payment Currencies
included in Section 4 (Bidding Forms).
15.4 The rates of exchange to be used by the Bidder for currency

conversion during bid preparation shall be the selling rates
for similar transactions prevailing on the date 28 days prior
to the deadline for submission of bids published by the
source specified in the BDS. If exchange rates are not so
published for certain currencies, the Bidder shall state the
rates used and the source. Bidders should note that for the
purpose of payments, the exchange rates confirmed by the
source specified in the BDS as the selling rates prevailing 28
days prior to the deadline for submission of Bids shall apply
for the duration of the Contract so that no currency exchange
risk is borne by the Bidder.
15.5 Foreign currency requirements indicated by the Bidders in

the Schedule of Payment Currencies shall include but not

limited to the specific requirements for
(a) expatriate staff and labor employed directly on the Works;

(b) social, insurance, medical and other charges relating to
such expatriate staff and labor, and foreign travel
expenses;
(c) imported materials, both temporary and permanent,
including fuels, oil and lubricants required for the Works;
(d) depreciation and usage of imported Plant and Contractor's
Equipment, including spare parts, required for the Works;
(e) foreign insurance and freight charges for imported
materials, Plant and Contractor's Equipment, including
spare parts; and
(f) overhead expenses, fees, profit, and financial charges
arising outside the Employer's country in connection with
the Works.
15.6 Bidders may be required by the Employer to clarify their
foreign currency requirements, and to substantiate that the
amounts included in the unit rates and prices and shown in
the Schedule of Payment Currencies are reasonable and
responsive to ITB 15.3 above, in which case a detailed
breakdown of its foreign currency requirements shall be
provided by the Bidder.
15.7 Bidders should note that during the progress of the Works,
the foreign currency requirements of the outstanding
balance of the Contract Price may be adjusted by agreement
between the Employer and the Contractor in order to reflect
any changes in foreign currency requirements for the
Contract, in accordance with Sub-clause 14.15 of the
Conditions of Contract. Any such adjustment shall be effected
by comparing the percentages quoted in the bid with the
amounts already used in the Works and the Contractor's
future needs for imported items.
16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a

Comprising the statement of work methods, equipment, personnel, schedule,

Technical Proposal environmental, health and safety (EHS) management plan
commensurate with the proposed scope of works, EHS Code
of Conduct, and any other information as stipulated in
Section 4 (Bidding Forms), in sufficient detail to demonstrate
the adequacy of the Bidders’ proposal to meet the work
requirements and the completion time.
17. Documents 17.1 To establish its qualifications to perform the Contract in

Establishing the accordance with Section 3 (Evaluation and Qualification
Qualifications of Criteria) the Bidder shall provide the information requested
the Bidder
in the corresponding information sheets included in Section
4 (Bidding Forms).
17.2 Domestic Bidders, individually or in Joint Ventures, applying

for eligibility for domestic preference shall supply all
information required to satisfy the criteria for eligibility as
described in ITB 36.
18. Period of 18.1 Bids shall remain valid for the period specified in the BDS
Validity of Bids after the bid submission deadline date prescribed by the
Employer. A bid valid for a shorter period shall be rejected
by the Employer as nonresponsive.
18.2 In exceptional circumstances, prior to the expiration of the

bid validity period, the Employer may request Bidders to
extend the period of validity of their Bids. The request and
the responses shall be made in writing. If a bid security is
requested in accordance with ITB 19, it shall also be
extended 28 days beyond the deadline of the extended
validity period. A Bidder may refuse the request without
forfeiting its bid security. A Bidder granting the request shall
not be required or permitted to modify its Bid.
19. Bid 19.1 Unless otherwise specified in the BDS, the Bidder shall
Security/Bid- furnish as part of its Bid, in original form, either a Bid-
Securing Securing Declaration or a bid security as specified in the BDS.
Declaration
In the case of a bid security, the amount and currency shall

be as specified in the BDS.
19.2 If a Bid-Securing Declaration is required pursuant to ITB

19.1, it shall use the form included in Section 4 (Bidding
Forms). The Employer will declare a Bidder ineligible to be
awarded a Contract for a specified period of time, as
indicated in the BDS, if the Bid-Securing Declaration is
executed.
19.3 If a bid security is specified pursuant to ITB 19.1, the bid

security shall be, at the Bidder’s option, in any of the
following forms:
(a) an unconditional bank guarantee (hard copy of the bank

guarantee or in the form of SWIFT message MT760),,
(b) an irrevocable letter of credit,
(c) a cashier’s or certified check, or
all from a reputable source from an eligible country as
described in Section 5 (Eligible Countries). In the case of a
bank guarantee, the bid security shall be submitted either
using the Bid Security Form included in Section 4 (Bidding
Forms) or another form acceptable to the Employer. The form
must include the complete name of the Bidder. The bid
security shall be valid for 28 days beyond the original validity
period of the bid, or beyond any period of extension if
requested under ITB 18.2.
19.4 Unless otherwise specified in the BDS, any Bid not

accompanied by a substantially compliant bid security or
Bid-Securing Declaration, if one is required in accordance
with ITB 19.1, shall be rejected by the Employer as
nonresponsive.

security of substantially nonresponsive Technical Bids shall
be returned before opening the Price Bids., The bid security
of unsuccessful Bidders at Price Bid evaluation shall be

returned promptly upon the successful Bidder’s furnishing of

the performance security pursuant to ITB 45.

security of the successful Bidder shall be returned promptly
once the successful Bidder has signed the Contract and
furnished the required performance security.
19.7 The bid security may be forfeited or the Bid Securing

Declaration executed, if
(a) notwithstanding ITB 24.3, a Bidder withdraws its bid

during the period of bid validity specified by the Bidder on
the Letters of Technical Bid and Price Bid, except as
provided in ITB 18.2; or
(b) the successful Bidder fails to
(i) sign the Contract in accordance with ITB 44;
(ii) furnish a performance security in accordance with
ITB 45;
(iii) accept the arithmetical correction of its Bid in
accordance with ITB 34; or
(iv) furnish a domestic preference security, if so required.
19.8 If the bid security is required as per ITB 19.1, the bid security
of a Joint Venture shall be in the name of the Joint Venture
that submits the Bid. If the Joint Venture has not been legally
constituted at the time of bidding, the bid security shall be in
the name of any or all of the Joint Venture partners. If the
Bid-Securing Declaration is required as per ITB 19.1, the Bid-
Securing Declaration of a Joint Venture shall be in the name
of the Joint Venture that submits the Bid. If the Joint Venture
has not been legally constituted at the time of bidding, the
Bid-Securing Declaration shall be in the names of all future
partners as named in the letter of intent mentioned in ITB
4.1.
20. Format and 20.1 The Bidder shall prepare one original set of the Technical Bid

Signing of Bid and one original set of the Price Bid comprising the Bid as
described in ITB 11 and clearly mark it “ORIGINAL -
TECHNICAL BID” and “ORIGINAL - PRICE BID.” Alternative
Bids, if permitted in accordance with ITB 13, shall be clearly
marked “ALTERNATIVE.” In addition, the Bidder shall submit
copies of the Technical and Price Bids, in the number
specified in the BDS, and clearly mark each of them “COPY.”
In the event of any discrepancy between the original and the
copies, the original shall prevail.
20.2 The original and all copies of the Bid shall be typed or written
in indelible ink and shall be signed by a person duly
authorized to sign on behalf of the Bidder. This authorization
shall consist of a written confirmation as specified in the BDS
and shall be attached to the bid. The name and position held
by each person signing the authorization must be typed or
printed below the signature. If a Bidder submits a deficient
authorization, the Bid shall not be rejected in the first
instance. The Employer shall request the Bidder to submit an
acceptable authorization within the number of days as
specified in the BDS. Failure to provide an acceptable
authorization within the period as stated in the Employer’s
request shall cause the rejection of the Bid.
If either the Letter of Technical Bid or Letter of Price Bid

or the Bide Securing Declaration (if Applicable) is not
signed, the Bid shall be rejected.
20.3 Any amendments such as interlineations, erasures, or

overwriting shall be valid only if they are signed or initialed
by the person signing the Bid.
D. SUBMISSION AND OPENING OF BIDS

21. Sealing and 21.1 Bidders shall submit their Bids as specified in the BDS
Marking of Bids .Procedures for submission, sealing, and marking are as
follows:
(a) Bidders submitting Bids by mail or by hand shall enclose

the original of the Technical Bid, the original of the Price

Bid, and each copy of the Technical Bid and each copy of
the Price Bid, in separate sealed envelopes, duly marking
the envelopes as “ORIGINAL - TECHNICAL BID,”
“ORIGINAL - PRICE BID,” and “COPY NO… - TECHNICAL
BID” and “COPY NO…. - PRICE BID.” These envelopes, the
first containing the originals and the others containing
copies, shall then be enclosed in one single envelope per
set. If permitted in accordance with ITB 13, alternative
Bids shall be similarly sealed, marked and included in the
sets The rest of the procedure shall be in accordance with
ITB 21.2 and ITB 21.5.
(b) Bidders submitting Bids electronically shall follow the
electronic bid submission procedures specified in the BDS.
21.2 The inner and outer envelopes shall
(a) bear the name and address of the Bidder;

(b) be addressed to the Employer in accordance with BDS
22.1; and
(c) bear the specific identification of this bidding process
indicated in the BDS 1.1.
21.3 The outer envelopes and the inner envelopes containing the
Technical Bid shall bear a warning not to open before the
time and date for the opening of Technical Bid, in accordance
with ITB 25.1.
21.4 The inner envelopes containing the Price Bid shall bear a
warning not to open until advised by the Employer in
21.5 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the misplacement
or premature opening of the Bid.
22. Deadline for 22.1 Bids must be received by the Employer at the address and no
Submission of Bids later than the date and time indicated in the BDS.

22.2 The Employer may, at its discretion, extend the deadline for
the submission of Bids by amending the Bidding Document
in accordance with ITB 8, in which case all rights and
obligations of the Employer and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as
extended.
23. Late Bids 23.1 The Employer shall not consider any Bid that arrives after
the deadline for submission of bids, in accordance with ITB
22. Any bid received by the Employer after the deadline for
submission of Bids shall be declared late, rejected, and
returned unopened to the Bidder.
24. Withdrawal, 24.1 A Bidder may withdraw, substitute, or modify its Bid –
Substitution, and Technical or Price – after it has been submitted by sending a
Modification of Bids written notice, duly signed by an authorized representative,
and shall include a copy of the authorization in accordance
with ITB 20.2 (except for withdrawal notices, which do not
require copies). The corresponding substitution or
modification of the Bid must accompany the respective
written notice. All notices must be
(a) prepared and submitted in accordance with ITB 20 and

ITB 21 (except for withdrawal notices, which do not
require copies), and in addition, the respective envelopes
shall be clearly marked “WITHDRAWAL,”
“SUBSTITUTION,” “MODIFICATION”; and
(b) received by the Employer no later than the deadline
prescribed for submission of Bids, in accordance with ITB
22.
24.2 Bids requested to be withdrawn in accordance with ITB 24.1
shall be returned unopened to the Bidders.
24.3 No Bid may be withdrawn, substituted, or modified in the
interval between the deadline for submission of Bids and the
expiration of the period of bid validity specified by the
Bidder on the Letters of Technical Bid and Price Bid or any
extension thereof.

25. Bid Opening 25.1 The Employer shall open the Technical Bids in public at the
address, on the date and time specified in the BDS in the
presence of Bidders` designated representatives and anyone
who chooses to attend. Any specific electronic bid opening
procedures required if electronic bidding is permitted in
accordance with ITB 21.1, shall be as specified in the BDS.
The Price Bids will remain unopened and will be held in
custody of the Employer until the specified time of their
opening. If the Technical Bid and the Price Bid are submitted
together in one envelope, the Employer may reject the entire
Bid. Alternatively, the Price Bid may be immediately resealed
for later evaluation.
25.2 First, envelopes marked “WITHDRAWAL” shall be opened

and read out and the envelope with the corresponding Bid
shall not be opened, but returned to the Bidder. No bid
withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request
the withdrawal and is read out at bid opening.
25.3 Second, outer envelopes marked “SUBSTITUTION” shall be

opened. The inner envelopes containing the Substitution
Technical Bid and / or Substitution Price Bid shall be
exchanged for the corresponding envelopes being
substituted, which are to be returned to the Bidder
unopened. Only the Substitution Technical Bid, if any, shall
be opened, read out, and recorded. Substitution Price Bid will
remain unopened in accordance with ITB 25.1. No envelope
shall be substituted unless the corresponding substitution
notice contains a valid authorization to request the
substitution and is read out and recorded at bid opening.
25.4 Next, outer envelopes marked “MODIFICATION” shall be

opened. No Technical Bid and / or Price Bid shall be modified
unless the corresponding modification notice contains a valid
authorization to request the modification and is read out and

recorded at the opening of Technical Bids. Only the Technical

Bids, both Original as well as Modification, are to be opened,
read out, and recorded at the opening. Price Bids, both
Original as well as Modification, will remain unopened in
25.5 All other envelopes holding the Technical Bids shall be

opened one at a time, and the following read out and
recorded:
(a) the name of the Bidder;

(b) whether there is a modification or substitution;
(c) the presence of a bid security or Bid-Securing Declaration,
if required; and
(d) any other details as the Employer may consider
appropriate.
Only Technical Bids and alternative Technical Bids read out
and recorded at bid opening shall be considered for
evaluation. Unless otherwise specified in the BDS, all pages of
the Letter of Technical Bid are to be initialed by at least three
representatives of the Employer attending bid opening. No Bid
shall be rejected at the opening of Technical Bids except for
late bids, in accordance with ITB 23.1.
25.6 The Employer shall prepare a record of the opening of

Technical Bids that shall include, as a minimum, the name of
the Bidder and whether there is a withdrawal, substitution,
or modification; alternative proposals; and the presence or
absence of a bid security or Bid-Securing Declaration, if one
was required. The Bidders’ representatives who are present
shall be requested to sign the record. The omission of a
Bidder’s signature on the record shall not invalidate the
contents and effect of the record. A copy of the record shall
be distributed to all Bidders who submitted Bids on time, and
posted online when electronic bidding is permitted.

25.7 At the end of the evaluation of the Technical Bids, the

Employer will invite bidders who have submitted
substantially responsive Technical Bids and who have been
determined as being qualified for award to attend the
opening of the Price Bids. The date, time, and location of the
opening of Price Bids will be advised in writing by the
Employer. Bidders shall be given reasonable notice of the
opening of Price Bids.
25.8 The Employer will notify Bidders in writing who have been
rejected for submitting nonresponsive Technical Bids and
return their Price Bids unopened together with their bid
securities, before opening the Price Bids of the substantially
responsive Bidders..
25.9 The Employer shall conduct the opening of Price Bids of all
Bidders who submitted substantially responsive Technical
Bids, in the presence of Bidders` representatives who choose
to attend at the address, on the date, and time specified by
the Employer. The Bidder’s representatives who are present
shall be requested to sign a register evidencing their
attendance.
25.10 All envelopes containing Price Bids shall be opened one at

a time and the following read out and recorded:
(a) the name of the Bidder;

(b) whether there is a modification or substitution;
(c) the Bid Prices, including any discounts and alternative
offers and
(d) any other details as the Employer may consider
appropriate.
Only Price Bids discounts and alternative offers read out and
recorded during the opening of Price Bids shall be considered
for evaluation. Unless otherwise specified in the BDS, all pages
of the Letter of Price Bid and Bill of Quantities are to be
initialed by at least three representatives of the Employer

attending bid opening. No Bid shall be rejected at the opening

of Price Bids.
25.11 The Employer shall prepare a record of the opening of

Price Bids that shall include, as a minimum, the name of the
Bidder, the Bid Price (per lots if applicable), any discounts
and alternative offers. The Bidders’ representatives who are
present shall be requested to sign the record. The omission
of a Bidder’s signature on the record shall not invalidate the
contents and effect of the record. A copy of the record shall
be distributed to all Bidders who submitted Bids on time, and
posted online when electronic bidding is permitted.
E. EVALUATION AND COMPARISON OF BIDS

26. Confidentiality 26.1 Information relating to the examination, evaluation,
comparison, and post qualification of Bids and
recommendation of contract award, shall not be disclosed to
Bidders or any other persons not officially concerned with
such process until information on the Contract award is
communicated to all Bidders.
26.2 Any attempt by a Bidder to influence the Employer in the

evaluation of the Bids or Contract award decisions may
result in the rejection of its Bid.
26.3 Notwithstanding ITB 26.2, from the time of bid opening to

the time of Contract award, if any Bidder wishes to contact
the Employer on any matter related to the bidding process, it
may do so in writing.
27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of

Bids the Technical and Price Bids, the Employer may, at its
discretion, ask any Bidder for a clarification of its Bid. 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 the response shall be

in writing. No change in the substance of the Technical Bid or

prices in the Price Bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors
discovered by the Employer in the evaluation of the Price
Bids, in accordance with ITB 34.
27.2 If a Bidder does not provide clarifications of its Bid by the

date and time set in the Employer’s request for clarification,
its Bid may be rejected.
28. Deviations, 28.1 During the evaluation of Bids, the following definitions apply:
Reservations, and
Omissions (a) “Deviation” is a departure from the requirements specified
in the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.
29. Examination 29.1 The Employer shall examine the Technical Bid to confirm
of Technical Bids that all documents and technical documentation requested in
ITB 11.2 have been provided, and to determine the
completeness of each document submitted.
29.2 The Employer shall confirm that the following documents

and information have been provided in the Technical Bid. If
any of these documents or information is missing, the offer
shall be rejected.
(a) Letter of Technical Bid;

(b) written confirmation of authorization to commit the
Bidder;
(c) Bid Security or Bid-Securing Declaration, if applicable; and
(d) Technical Proposal in accordance with ITB 16.
30. Responsiveness 30.1 The Employer’s determination of a Bid’s responsiveness is to
of Technical Bid

be based on the contents of the bid itself, as defined in ITB11.
30.2 A substantially responsive Technical Bid is one that meets

the requirements of the Bidding Document without material
deviation, reservation, or omission. A material deviation,
reservation, or omission is one that,
(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the
Bidding Document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position
of other Bidders presenting substantially responsive Bids.
30.3 The Employer shall examine the technical aspects of the Bid
submitted in accordance with ITB 16, Technical Proposal, in
particular, to confirm that all requirements of Section 6
(Employer’s Requirements) have been met without any
material deviation, reservation, or Ommission.
30.4 If a Bid is not substantially responsive to the requirements of

the Bidding Document, it shall be rejected by the Employer
and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.
31. Nonmaterial 31.1 Provided that a Bid is substantially responsive, the Employer
Nonconformities may waive any nonconformities in the Bid that do not
constitute a material deviation, reservation, or omission.
31.2 Provided that a Technical Bidis substantially responsive, the

Employer may request that the Bidder submit the necessary
information or documentation, within a reasonable period of
time, to rectify nonmaterial nonconformities in the Technical
Bid related to documentation requirements. Requesting
information or documentation on such nonconformities shall
not be related to any aspect of the Price Bid. Failure of the

Bidder to comply with the request may result in the rejection

of its Bid.
31.3 Provided that a Technical Bid is substantially responsive, the

Employer shall rectify quantifiable nonmaterial
nonconformities related to the Bid Price. To this effect, the
Bid Price shall be adjusted, for comparison purposes only, to
reflect the price of a missing or non-conforming item or
component. The adjustment shall be made using the method
indicated in Section 3 (Evaluation and Qualification Criteria).
32. Qualification of 32.1 The Employer shall determine to its satisfaction during the
the Bidder evaluation of Technical Bids whether Bidders meet the
qualifying criteria specified in Section 3 (Evaluation and
Qualification Criteria).
32.2 The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications
submitted by the Bidder, pursuant to ITB 17.1. Unless
permitted in the BDS, the determination shall not take into
consideration the qualifications of other firms such as the
Bidder’s subsidiaries, parent entities, affiliates,.
32.3 An affirmative determination shall be a prerequisite for the

opening and evaluation of a Bidder’s Price Bid. The Employer
reserves the right to reject the bid of any bidder found to be
in circumstances described inSub-Clause GCC 15.2.1 (g) or
Sub-Clause PCC 15.2.1 (h). A negative determination shall
result into the disqualification of the Bid, in which event the
Employer shall return the unopened Price Bid to the Bidder.
33. Subcontractors 33.1 Unless otherwise stated in the BDS, the Employer does not
intend for the contractor to execute any specific elements of
the Works through nominated subcontractors.
33.2 If subcontractors are proposed for any of the key activities

listed in Section 3 (Evaluation and Qualification) Criteria
2.4.2, they shall be considered as “Specialist Subcontractors”

and shall meet qualification requirements for the relevant

key activities.
34. Correction of 34.1 During the evaluation of Price Bids, the Employer shall
Arithmetical Errors correct arithmetical errors on the following basis:
(a) If there is a discrepancy between the unit price and the

total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and the total price
shall be corrected, unless in the opinion of the Employer
there is an obvious misplacement of the decimal point in
the unit price, in which case the total price as quoted shall
govern and the unit price shall be corrected.
(b) If there is an error in a total corresponding to the addition
or subtraction of subtotals, the subtotals shall prevail and
the total shall be corrected.
(c) If there is a discrepancy between the bid price in the
Summary of Bill of Quantities and the bid amount in item
(c) of the Letter of Price Bid, the bid price in the Summary
of Bill of Quantities will prevail and the bid amount in item
(c) of the Letter of Price Bid will be corrected.
(d) If there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to
(a), (b) and (c) above.:
34.2 If the Bidder that submitted the lowest evaluated bid does
not accept the correction of errors, its Bid shall be
disqualified and its bid security may be forfeited or its Bid-
Securing Declaration executed.
35. Conversion to 35.1 For evaluation and comparison purposes, the currency(ies)
Single Currency of the Bid shall be converted into a single currency as
specified in the BDS.
36. Domestic 36.1 Unless otherwise specified in the BDS, domestic preference

Preference shall not apply.
37. Evaluation and 37.1 The Employer shall use the criteria and methodologies listed
Comparison of in this Clause. No other evaluation criteria or methodologies
Price Bids shall be permitted.
37.2 To evaluate the Price Bid, the Employer shall consider the
following:
(a) the bid price, excluding Provisional Sums and the

provision, if any, for contingencies in the Summary Bill of
Quantities, but including Day work items, where priced
competitively;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 34.1;
(c) price adjustment due to discounts offered in accordance
with ITB 14.4;
(d) converting the amount resulting from applying (a) to (c)
above, if relevant, to a single currency in accordance with
ITB 35;
(e) adjustment for nonmaterial nonconformities in
accordance with ITB 31.3;
(f) assessment whether the bid is abnormally low in
accordance with ITB 38; and
(g) application of all the evaluation factors indicated in
Section 3 (Evaluation and Qualification Criteria).
37.3 The estimated effect of the price adjustment provisions of the
Conditions of Contract, applied over the period of execution
of the Contract, shall not be taken into account in bid
evaluation.
37.4 If this Bidding Document allows Bidders to quote separate

prices for different contracts, and the award to a single
Bidder of multiple contracts, the methodology to determine
the lowest evaluated price of the contract combinations,

including any discounts offered in the Letter of Price Bid, is

specified in Section 3 (Evaluation and Qualification Criteria).
37.5 The Employer shall compare all substantially responsive Bids

to determine the lowest evaluated Bid price, in accordance
with ITB 37.2.
38. Abnormally 38.1 An abnormally low bid is one where the bid price, in
Low bids combination with other elements of the bid, appears to be so
low that it raises concerns as to the capability of the Bidder
to perform the contract for the offered bid price.
38.2 When the offered bid price appears to be abnormally low, the
Employer shall undertake a three-step review process as
follows:
(a) identify abnormally low costs and unit rates by comparing

them with the engineer’s estimates, other substantially
responsive bids, or recently awarded similar contracts;
(b) clarify and analyze the bidder’s resource inputs and
pricing, including overheads, contingencies and profit
margins; and
(c) decide whether to accept or reject the bid.
38.3 With regard to ITB 38.2 (b) above, the Employer will seek a
written explanation from the bidder of the reasons for the
offered bid price, including a detailed analysis of costs and
unit prices, by reference to the scope, proposed
methodology, schedule, and allocation of risks and
responsibilities. This may also include information regarding
the economy of the manufacturing process; the services to be
provided, or the construction method to be used; the
technical solutions to be adopted; and any exceptionally
favourable conditions available to the bidder for the works,
equipment or services proposed.
38.4 After examining the explanation given and the detailed price

analyses presented by the bidder, the Employer may:
(a) accept the bid, if the evidence provided satisfactorily

accounts for the low bid price and costs, in which case the
bid is not considered abnormally low;
(b) Accept the bid, but require that the amount of the
performance security be increased at the expense of the
bidder to a level sufficient to protect the Employer against
financial loss. The amount of the performance security
shall generally be not more than 20% of the contract
price; or
(c) Reject the bid if the evidence provided does not
satisfactorily account for the low bid price, and make a
similar determination for the next ranked bid, if required.
39. Unbalanced or 39.1 If the Bid, which results in the lowest evaluated Bid Price, is
Front-Loaded Bids seriously unbalanced or front-loaded in the opinion of the
Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of theBill of
Quantities, to demonstrate the internal consistency of those
prices with the construction methods and schedule
proposed, as well as the pricing and sources of materials,
equipment and labour.
39.2 After the evaluation of the information and detailed price

analyses presented by the Bidder, the Employer may as
appropriate:
(a) accept the Bid; or

(b) accept the Bid, but require that the total amount of the
Performance Security be increased at the expense of the
Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful
Bidder under the Contract subject to ITB 45.2; or
(c) reject the Bid and make a similar determination for the
next ranked bid.

40. Employer’s 40.1 The Employer reserves the right to accept or reject any Bid,
Right to Accept Any and to annul the bidding process and reject all Bids at any
Bid, and to Reject time prior to contract award, without thereby incurring any
Any or All Bids
liability to Bidders. In case of annulment, all Bids submitted
and specifically, bid securities, shall be promptly returned to
the Bidders.
41. Notice of 41.1 If Standstill provisions apply as specified in the BDS, the
Intention for Award standstill period shall be defined in the BDS to specify the
of Contract duration subsequent to notification of intention for award of
contract (before making the actual contract award) within
which any unsuccessful bidder can challenge the proposed
award.
F. AWARD OF CONTRACT
42. Award Criteria 42.1 The Employer shall award the Contract to the Bidder whose
offer has been determined in line with ITB 37 to ITB 39
above to be the lowest evaluated Bid and is substantially
responsive to the Bidding Document, provided further that
the Bidder is determined to be qualified to perform the
Contract satisfactorily.
43. Notification of 43.1 Prior to the expiration of the period of bid validity and upon
Award expiry of the standstill period specified in ITB 41.1, or upon
satisfactory resolution of a complaint filed within standstill
period, if applicable, the Employer shall transmit the
Notification of Award using the form included in Section 9
(Contract Forms) to the successful Bidder, in writing, that its
Bid has been accepted.
43.2 Unless standstill period applies, upon notification of

awardthrough issuance of Letter of Acceptance, unsuccessful
Bidders may request in writing to the Employer for a
debriefing seeking explanations on the grounds on which
their Bids were not selected. The Employer shall promptly
respond in writing and/or in a debriefing meeting to any
unsuccessful Bidder who, after publication of contract award,

requests a debriefing.
43.3 Until a formal contract is prepared and executed, the

notification of award through issuance of Letter of
Acceptance shall constitute a binding Contract.
43.4 Within 2 weeks of the award of contract or expiry of the

standstill period, where such period applies, or, if a
complaint has been filed within the standstill period, upon
receipt of Lending Institute’s confirmation of satisfactory
resolution of the complaint, the borrower shall publish in an
English language newspaper or widely known and freely
accessible website the results identifying the bid and lot or
package numbers, as applicable and the following
information:
(a) name of each Bidder who submitted a Bid;

(b) bid prices as read out at bid opening;
(c) name and evaluated prices of each Bid that was evaluated;
(d) name of Bidders whose bids were rejected and the
reasons for their rejection; and
(e) Name of the winning Bidder, and the price it offered, as
well as the duration and summary scope of the contract
awarded.
44. Signing of 44.1 The Employer shall send the successful Bidder the Contract
Contract Agreement together with or promptly after the issuance of
Letter of Acceptance.
44.2 Within 35 days of receipt of the Contract Agreement, the

successful Bidder shall sign, date, and return it to the
Employer.
45. Performance 45.1 Within 28 days of the receipt of notification of award through
Security issuance of Letter of Acceptance from the Employer, the
successful Bidder shall furnish the performance security in
accordance with the conditions of contract, subject to ITB 38

and ITB 39, using for that purpose the Performance Security
Form included in Section 9 (Contract Forms), or another
form acceptable to the Employer. If the institution issuing the
performance security is located outside the country of the
employer, it shall be counter-guaranteed or encashable by a
bank in the Employer’s country.
45.2 Failure of the successful Bidder to submit the above-

mentioned Performance Security or to sign the Contract
Agreement shall constitute sufficient grounds for the
annulment of the award and forfeiture of the bid security or
execution of the Bid-Securing Declaration. In that event, the
Employer may award the Contract to the next lowest
evaluated Bidder whose offer is substantially responsive and
is determined by the Employer to be qualified to perform the
Contract satisfactorily.
45.3 The above provision shall also apply to the furnishing of a

domestic preference security if so required.
46. Bidding- 46.1 The procedures for dealing with Bidding-Related Complaints
Related Complaints arising out of this bidding process are specified in the BDS.

SECTION 2: BID DATA SHEET
This Section consists of provisions that are specific to each procurement and supplement the
information or requirements included in Section 1 (Instructions to Bidders).
A. General
ITB 1.1 The number of the Invitation for Bids is: As per NIT
Number and Identification of Lots: Not Applicable
The Employer is: Public Works Department, Government of
ITB 1.1 Maharashtra, acting through the Executive Engineer, Public
Works Division, Arvi.
Ph. No. 07157-223859
The name of the project under bidding process is: Maharashtra State
ITB 1.1 Road Improvement Project (Phase III)
The identification number of the OCB is As per NIT
ITB 1.2 The Bidding Process shall be governed by, and construed in
accordance with, the laws of India and the Courts at Mumbai shall
have exclusive jurisdiction over all disputes arising under, pursuant
to and/ or in connection with the Bidding Process.
The name of the Project is: Maharashtra State Road Improvement
ITB 2.1 Project (Phase III)
ITB 4.1 Joint Venture is NOT ALLOWED.
It shall comply with the following additional requirements:

(a) Number of members in a Joint Venture shall not exceed 3 (Three);
(b) subject to the provisions of clause (a) above, the Bid should
contain the information required for each Member of the Joint
Venture;
(c) Members of the Joint Venture shall nominate one member as the
lead member (the “Lead Member”). Lead Member shall met at least
50% requirement of Bid Capacity, Technical and Financial Capacity,
required as per Section 3. The nomination(s) shall be supported by a
Power of Attorney, signed by all the other Members of the Joint

Venture. Other Member(s) shall meet at least 25% requirement of Bid

Capacity, Technical and Financial Capacity required as per Section 3
and the JV as a whole shall cumulatively/collectively fulfil the 100%
requirement;
(d) the Bid should include a brief description of the roles and
responsibilities of individual members, particularly with reference to
financial, technical and defect liability obligations;
(e) the Lead Member shall itself undertake and perform at least
51(fifty one) per cent of the total length of the Project Highway,
(f) members of the Joint Venture shall have entered into a binding
Joint Bidding Agreement, substantially in the form specified at form
ELI-3 (the “Jt. Bidding Agreement”), for the purpose of making the
Application and submitting a Bid in the event of being pre-qualified.
The Jt. Bidding Agreement, to be uploaded along with the Application,
shall, inter alia:
(i) convey the commitment(s) of the Lead Member in accordance
with this RFP, in case the contract to undertake the Project is
awarded to the Joint Venture; and clearly outline the proposed roles
& responsibilities, if any, of each member;
(ii) commit the approximate share of work to be undertaken by each
member conforming to sub-clause (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint
Venture shall be liable jointly and severally for all obligations of the
Contractor in relation to the Project until the Defect Liability Period is
achieved in accordance with the EPC Contract; and
(g) except as provided under this RFP, there shall not be any
amendment to the Jt. Bidding Agreement.
(h) No Joint Venture upto Estimate Project Cost of Rs. 100 crores
(One Hundred Crores). However, Joint Venture for any Estimated
Project Cost is permissible in case of maintenance works to be taken
up on EPC mode.
(i) In case the Bidder is a Joint Venture, the Members thereof should
upload Power of Attorney in favour of the Lead Member. Lowest
Bidder shall be required to submit original Power of Attorney in
favour of the Lead Member and original Joint Bidding Agreement
before issuance of Letter of Acceptance (LOA) by the Authority.
ITB 4.2 Eligible Countries:
While bidding is open to persons from any country, the following

provisions shall apply:

(a) Where, on the date of the Application, not less than 50% (fifty
percent) of the aggregate issued, subscribed and paid up equity share
capital in the L-1 Bidder or its Member is held by persons resident
outside India or where a Bidder or its Member is controlled by
persons resident outside India, then the eligibility and award of the
project to such L-1 Bidder shall be subject to approval of the
competent authority from national security and public interest
perspective as per the instructions of the Government of India
applicable at such time. The decision of the authority in this behalf
shall be final and conclusive and binding on the Bidder.
(b) Further, where the LoA of a project has been issued to an agency,
not covered under the category mentioned above, and it subsequently
wishes to transfer its share capital in favour of another entity who is a
resident outside India or where a Bidder or its Member is controlled
by persons resident outside India and thereby the equity capital of
the transferee entity exceeds 50% or above, any such transfer of
equity capital shall be with the prior approval of the competent
authority from national security and public interest perspective as
per the instructions of the Government of India applicable at such
point in time.
(2) The holding or acquisition of equity control, as above shall
include direct or indirect holding, acquisition, including by transfer of
the direct or indirect legal or beneficial ownership or control, by
persons acting for themselves or in concert and in determining such
holding or acquisition, the Authority shall be guided by the principles,
precedents and definitions contained in the Securities and Exchange
Board of India (Substantial Acquisition of Shares and Takeovers)
Regulations, 2011, or any substitute thereof, as in force on the date of
such acquisition
(3) The Bidder shall promptly inform the authority of any change in
the shareholding, as above, and failure to do so shall render the
Bidder liable for disqualification from the Bidding process.
(4) In case the L-1 Applicant under (a) above is denied the security
clearance, for whatsoever reasons, then the applicants emerging as L-
2, L-3 eligible Bidders (in that order) may be given a counter-offer
(one by one sequentially) to match the bid of L-1 applicant/preferred
Bidder. In the event of acceptance of the counter-offer by another
eligible Bidder, the project may be awarded to such Bidder. In case no

applicant matches the bid of the L-1 applicant, the bid process shall
be annulled and fresh bids invited.
For determining the eligibility of Bidder from a country which shares

a land border with India the following shall apply:
(i) Any Bidder from a country which shares a land border with India
will be eligible to bid, only if the Bidder is registered with the
Competent Authority, specified in Annexure I of Order (Public
Procurement No. 1) issued by Ministry of Finance, Department of
Expenditure Public Procurement Division vide F. No. 6/18/2019-
PPD, dated 23rd July 2020, which shall form an integral part of Bid
document.
(ii) "Bidder from a country which shares a land border with India"
means:
a) An entity incorporated, established or registered in such a
country, or
b) A subsidiary of an entity incorporated, established or registered in
such a country; or
c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A Consortium or joint venture where any member of the
consortium or joint venture falls under any of the above.
(iii) Beneficial owner for the purpose of (ii) above means:
1. In case of a company or Limited Liability Partnership, the
beneficial owner is the natural person(s), who, whether acting alone
or together, or through one or more judicial person, has a controlling
ownership interest or who exercises control through other means.
Explanation:
a) "Controlling ownership interest" means ownership of or
entitlement to more than twenty-five per cent of shares or capital or

profits of the company.

b) "Control" shall include the right to appoint majority of the
directors or to control the management or policy decisions including
by virtue of their shareholding or management rights or shareholding
agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through one or
more juridical person: has ownership of entitlement to more than
fifteen percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the
beneficial owner is the natural person(s), who, whether acting alone
or together, or through one or more juridical person, has ownership
of or entitlement to more than fifteen percent of the property or
capital or profits of such association or body of individual;
4. Where no natural person is identified under (1) or (2) or (3)
above, the beneficial owner is the relevant natural person who holds
the position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall
include identification of the author of the trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust and
any other natural person exercising ultimate effective control over
the trust through a chain of control or ownership.
(iv) An Agent is a person employed to do any act for another, or to
represent another in dealings with third person.
(v) The Selected Bidder shall not be allowed to sub-contract works to
any contractor from a country which shares a land border with India
unless such contractor is registered with the Competent Authority.
The definition of "contractor from a country which shares a land
border with India" shall be as in (ii) above
Certificate regarding Compliance:

A certificate on the letterhead of the Bidder shall be required to be
submitted by the bidders certifying the following in the format
prescribed at Appendix-IX: "I/We have read the clause regarding
restrictions on procurement from a bidder of a country which shares
a land border with India and on subcontracting to contractors from

such countries; I/We certify that this bidder is not from a country or,
if from such a country, has been registered with the Competent
Authority as defined in Public Procurement Order no.
F.no.6/18/2019- PPD dated 23rd July 2020 and will not sub-contract
any work to a contractor from such countries unless such contractor
is registered with the Competent Authority; I/We hereby certify that
this bidder fulfils all requirements in this regard and is eligible to be
considered." It may be noted that in case the above certification is
found to be false, this would be a ground for immediate rejection of
Bid/termination and further legal action in accordance with law.
Validity of Registration:
In respect of RFP, registration should be valid at the time of
submission of bids and at the time of acceptance of bids. If the Bidder
was validly registered at the time of acceptance, registration shall not
be a relevant consideration during contract execution.
B. Contents of Bidding Documents
1.1 The Bidding Document consist of Parts I, II, and III, which include
ITB 6.1 all the sections indicated below, and should be read in conjunction
with any addenda issued in accordance with ITB 8.
PART I Bidding Procedures

Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
Section 5 - Eligible Countries (ELC)
PART II Requirements
Section 6 - Employer’s Requirements (ERQ)
PART III Conditions of Contract and Contract Forms
Section 7 - Conditions of Contract and Contract Forms

For clarification purposes only, the Employer’s address is:

ITB 7.1 Attention: Executive Engineer,
Country: India
Telephone: 07157-223859
E-mail: arvi.ee@mahapwd.gov.in
It shall be deemed that by submitting a BID, the Bidder has:
ITB 7.2 (a) made a complete and careful examination of the Bidding
Documents, Schedules annexed to EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the
information provided in the Bidding Documents or furnished by or on
behalf of the Authority relating to any of the matters referred to in ITB
7. No claim shall be admissible at any stage on this account.
(d) satisfied itself about all matters, things and information including
matters referred to in ITB 7 necessary and required for submitting an
informed BID, execution of the Project in accordance with the Bidding
Documents and performance of all of its obligations thereunder;
(e) acknowledged and agreed that inadequacy, lack of completeness or
incorrectness of information provided in the Bidding Documents or
ignorance of any of the matters referred to in ITB 7 shall not be a basis
for any claim for compensation, damages, extension of time for
performance of its obligations, loss of profits etc. from the Authority,
or a ground for termination of the Agreement by the Contractor;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and
in terms hereof.
The Authority shall not be liable for any omission, mistake or error in
respect of any of the above or on account of any matter or thing arising
out of or concerning or relating to Bid document, including any error
or mistake therein or in any information or data given by the Authority
A Pre-Bid meeting will take place as per below mentioned schedule.
ITB 7.4 Date: 15 / 03 / 2024
Time: 11.00 hrs.
Place: Office of the Chief Engineer & Project Director (EAP), Public

Works Department, 4th Floor, Mantralaya, Mumbai 400 032
C. Preparation of Bids
ITB 10.1 The language of the Bid is: English
ITB 11.1 a. Notwithstanding anything to the contrary contained herein, in

the event that the Bid Due Date falls within three months of the
closing of the latest financial year of a Bidder, it shall ignore
such financial year for the purposes of its Bid and furnish all its
information and certification with reference to the 5 (five)
years or 1 (one) year, as the case may be, preceding its latest
financial year. For the avoidance of doubt, financial year shall,
for the purposes of a Bid hereunder, mean the accounting year
followed by the Bidder in the course of its normal business.
b. If any information furnished by the Bidder is found to be

incomplete, or contained in formats other than those specified
herein, the Authority may, in its sole discretion, exclude the
relevant information for consideration of eligibility and
qualification of the Bidder.
ITB 11.2 (g) In addition to the documents mentioned in ITB 11.2, following
document shall be submitted in Technical Bid
i) Proof of online payment / Original Demand Draft for Tender Fee;
ii) Joint Venture Agreement (as per Form ELI – 3)
ITB 12.1 The units and rates in figures entered into the Bill of Quantities and
Daywork Schedule should be typewritten, if written by hand, must be
in print form. Bill of Quantities and Daywork Schedule not presented
accordingly may be considered nonresponsive.
ITB 13.1 Alternative Bids shall not be permitted.
ITB 13.2 Alternative times for completion SHALL NOT be permitted.

ITB 13.3 Not Applicable
ITB 13.4 Bidder’s attention is drawn to the contract conditions that permit
technical alternatives, during the contract implementation as per
Clause 4.19 of Section 7. The bidder may propose technical
alternatives in its bid, but such alternatives will not be evaluated as a
part of the bid evaluation. Instead, such alternatives will be considered
during the contract implementation as follows:
The decision of use of appropriate material / technology will rest with

the contractor subject to satisfactory compliance to the provisions of
the circular number RW/NH-33044/2020/S &R (P&B) issued by
MORT&H dated 14.12.2020, subject to the condition that the
Contractor is allowed to use other new/alternative material and
technology which must have been previously successfully used in
India.
Whenever and wherever the new/ alternate technology is to be

adopted whether at the instance of original scope of work or at the
instance of client post work commencement order or at the instance of
EPC Contractor post work commencement order, the EPC Contractor
shall deposit an amount equivalent to 20% of the cost of work to be
executed by adopting such new/ alternate technology in the form of
bank guarantee or demand draft in favour of Executive Engineer,
Public Works Division, Arvi before actually commencing the execution
of items of such new/ alternate technology. The bank guarantee shall
be for the period of 3 years after the satisfactory completion of the
work done by using new material/ Technology in that stretch from the
date of submission of bank guarantee to the Engineer In-charge
encashable at Arvi . In the event of failure of road portion or any
structure constructed due to such adoption of new/ alternate
technology, the bank guarantee shall be forfeited or the amount of DD
shall be forfeited and restoration of road/ structure from the amount
so realized out of such forfeiture will be made good. The EPC
contractor shall design the road/structure with due consideration to
this aspect and quote his offer accordingly, wherever the new/
alternate technology has been proposed.
This contract package will use EPC type of contract; hence the bidder
ITB 14.1
should quote the final offer after considering discounts, if any. The

conditional offers will not be considered.

The clause should be read as
ITB 14.2
This contract package will use EPC type of contract; hence no Bill of
Quantity is provided in the Bidding Document. Bidder shall fill its
quoted price in the Letter of Price Bid which shall Include all
requirements under the Contractor's responsibilities for:
a) Design procurement and construction of all the Works (including
Contractor's Camps, storage etc.);
b) Design, Procurement and Subcontracting (if any), delivery,
construction and completion all the works. This includes all
requirements under the Contractor's responsibilities for design
and construction of all the works.
c) the acquisition of all permits, approvals and licenses, etc.
required to execute the works under the contract;
d) such other items and services as may be specified in the Bidding
Documents.
e) Furthermore, the Contractor's responsibilities shall be in
accordance with the requirements of the Conditions of Contract.
f) Items which are executed by the Contractor to fulfill its
obligation as per the EPC Agreement but are not mentioned in
Schedule B and schedule H will not be paid for by the Employer
when executed and shall be deemed to be covered by the prices
for other items.
The prices quoted by the Bidder shall be adjustable. During the
ITB 14.5 performance of the Contract in accordance with the provisions of the
Conditions of Contract.
The bid price shall include all duties, taxes, and other levies payable
ITB 14.7
by the Contractor under the Contract except Goods and Service Tax
(GST).
In response to pandemic, the bidders should include health and safety
ITB 14.8
management plan in its bid price, construction program and
methodology.
ITB 15.1 All prices shall be quoted in INR only.

ITB 15.4 Conversion into Single Currency

The single currency for the conversion of all prices expressed in
various currencies into a single one is INR.
The official source of the selling (exchange) rate is: Reserve Bank of
India exchange rate as on date 7 days prior to deadline for submission
of proposals including the deadline for submission of proposals.
ITB 16.1 a. Technical Proposal shall also include an Environment, Health

and Safety Plan (EHS Plan), in accordance with the relevant
government regulations and guidelines on pandemic
prevention and control issued from time to time, or in the
absence thereof, to international good practice guidelines, such
as World Health Organization, 2020, considerations for public
health and social measures in the workplace in the context of
pandemic.
b. Any bid not accompanied by the EHS Plan shall be rejected by

the Employer as nonresponsive. If a Bidder submits an EHS
Plan that does not provide sufficient information in accordance
to the required submission information listed in the bidding
document by the Employer, the Employer shall issue a
clarification to request for further information from the Bidder.
The Bidder must submit the requested information within 5
working days of receiving such a request. Failure to provide a
satisfactory response to the request for further information
within the prescribed period of receiving such a request shall
cause the rejection of the Bid.
ITB 17.1 Notwithstanding anything to the contrary contained herein, in the

event that the Bid Due Date falls within three months of the closing of
the latest financial year of a Bidder, it shall ignore such financial year
for the purposes of its Bid and furnish all its information and
certification with reference to the 5 (five) years or 1 (one) year, as the
case may be, preceding its latest financial year. For the avoidance of
doubt, financial year shall, for the purposes of a Bid hereunder, mean
the accounting year followed by the Bidder in the course of its normal
business.
ITB 18.1 The bid validity period shall be 120 days.

ITB 19.1 Bid Securing Declaration not allowed.
ITB 19.1 The Bidder shall furnish a bid security in the amount of INR 0.87
Crores (Rupees Eighty Seven lakhs only)
The Authority will get the BID security verified from the issuing
authority and after due verification, the Authority will evaluate the
Technical BIDs for their compliance to the eligibility and qualification
requirements pursuant to clause 19.1 of Section 1 of the Bid
documents.
Bank Details for the purpose of bank guarantee
S. No. Particulars Details
1. Name of Beneficiary Executive Engineer, Public
Works Division, Arvi
2. Name of Bank State Bank of India
3. Account No. 11573722625
4. IFSC Code SBIN0000316
5. Branch Arvi
ITB 19.4 Subject to the succeeding sentences, any bid not accompanied by an
irrevocable and callable bid security shall be rejected by the Employer
as nonresponsive. If a Bidder submits a bid security that (i) deviates in
form, amount, and/or period of validity, or (ii) does not provide
sufficient identification of the Bidder (including, without limitation,
failure to indicate the name of the Joint Venture or, where the Joint
Venture has not yet been constituted, the names of all future Joint
Venture Partners), the Employer shall request the Bidder to submit a
compliant bid security within 10 days of receiving such a request.
Failure to provide a compliant bid security within the prescribed
period of receiving such a request shall cause the rejection of the Bid.
ITB 20.1 In addition to the original bid, the number of copies is: NIL

ITB 20.2 The Bidder shall submit an acceptable authorization within 10 days
The written confirmation of authorization to sign on behalf of the

ITB 20.2 Bidder shall consist of a legally enforceable Power of Attorney duly
attested by the Notary.
The scanned copy of this Power of Attorney shall be uploaded along

with the Bid. The bidder shall digitally sign all statement documents
uploaded by him.
D. SUBMISSION AND OPENING OF BIDS
ITB 21.1 Bidder shall submit an electronic bid, to the website specified in ITB
21.1 (b) and following the procedures specified therein as applicable.
Bidder shall also submit the hard copy of the following original
documents at the address mentioned in ITB 22.1.
(a) Proof of online payment;
(b) Original Bid Security;
(c) Original Affidavit giving “Written confirmation authorizing
the signatory of the bid to commit the Bidder”;
(d) Original JV agreement or a letter of intent to execute a JV
agreement, as per Form ELI – 3 (if applicable);
(e) Original Power of Attorney in favour of the person signing
the bid.
ITB 21.1 (b) Bidders shall be submitting their bids electronically, the
electronic bidding submission procedure shall be as follows -
The bidders have to upload their bid containing two folders A and B
under Two separate envelope by the deadline of "Submit bids online
in the Schedule of key dates.
 The folder A will contain scanned copies of Technical Bid as per
ITB11.2.
 The folder B shall contain scanned copies of Price Bid as per
ITB11.3.

The bidding under this contract is electronic bid submission through

website https://mahatenders.gov.in Detailed guidelines for viewing
bids and submission of online bids are given on the website. The
Invitation for Bids under MSRIP is published on this website. Any
prospective bidder can logon to this website and view the Invitation
for Bids and can view the details of works for which bids are invited.
The prospective bidder shall submit bids online; however, the
bidder is required to have enrolment/registration in the website
and should have valid Digital Signature Certificate (DSC), for signing
and encryption issued by the same Certifying Authority licensed
under Controller of Certifying Authorities of India, in the form of
smart card/e-token. The DSC can be obtained from any authorized
certifying agencies. The bidder should register in the web site
https://mahatenders.gov.inusing the relevant option available. Then
the DSC has to be done with the e-token, after logging into the site.
After this, the bidder can login the site through the secured login by
entering the password of the e-token & the user id/ password
chosen during registration.
After getting the bid schedules, the Bidder should go through them
carefully and then submit the documents as instructed, otherwise, the
bid will be rejected.
ITB 22.1 The Employer’s address for submission of Hard copy of Original
documents is:
Attention: Superintending Engineer,
Public Works Circle, Chandrapur
City: Chandrapur– Maharashtra.
Tel: 07172-253231
Pin Code: 442401.
Country: India
Or
Attention: Executive Engineer,
City: Arvi – Maharashtra.
Tel: 07157-223859

Pin Code: 442201

Country: India
The deadline for submission of electronic bid and submission of
Hard copy of original documents is:
Date: 12 / 04 / 2024
Time: On or before 17.00 Hrs.
Bidders may modify their bids online before the deadline specified in
ITB 24.1
ITB 22.1.
For modification of bids, the bidder need not make any additional
payment towards the cost of tender document. For bid modification
and consequential re-submission, the bidder is not required to
withdraw his bid submitted earlier. The last modified bid submitted
by the bidder within the bid submission time shall be considered as
the bid. For this purpose, modification/withdrawal by other means
will not be accepted. In online system of bid submission, the
modification and consequential re- submission of bids is allowed
any number of times.
PLEASE NOTE: The bidders may withdraw his bid before the
deadline for online bid Submission, however, if the bid is
withdrawn, the re- submission of the bid is not allowed online.
The opening of Technical Bid shall take place at:

ITB 25.1
Superintending Engineer,
Public Works Circle, Raigad
City: Navi Mumbai – Maharashtra.
Pin Code: 400 614
Country: India
Time: The bid opening of the electronic bids shall take place at the
Office of: Superintending Engineer, Public Works Circle, Raigad –
Maharashtra, Pin Code: 400 614, Country: India immediately after the
deadline for submission of online bids as indicated in schedule of key

dates. The opening of Physical envelope will take place at time and
place to be declared later.
ITB 25.10 The Letter of Price Bid shall be initialed by authorized representatives
of the Employer attending Bid opening.
E. EVALUATION AND COMPARISON OF BIDS
Contacts during BID Evaluation

ITB 26.1 BIDs shall be deemed to be under consideration immediately after
they are opened and until such time the Authority makes official
intimation of award/ rejection to the Bidders. While the BIDs are
under consideration, Bidders and/ or their representatives or other
interested parties are advised to refrain, save and except as required
under the Bidding Documents, from contacting by any means, the
Authority and/ or their employees/representatives on matters
related to the BIDs under consideration.
Technical Bids of those Bidders who have not submitted their Bid
ITB 30.4 online, shall not be considered for opening and evaluation.
If any information furnished by the Bidder is found to be incomplete,

or contained in formats other than those specified herein, the
Authority may, in its sole discretion, exclude the relevant information
for consideration of eligibility and qualification of the Bidder.
The Authority will get the BID security verified from the issuing
authority and after due verification, the Authority will evaluate the
Technical BIDs for their compliance to the eligibility and qualification
requirements pursuant to Section 3 of bid documents.
The qualifications of other firms such as the Bidder’s subsidiaries,
ITB 32.2 parent entities, affiliates, Subcontractors shall not be permitted.

ITB 33.1 The Employer does not intend for the contractor to execute any
specific elements of the Works through nominated subcontractors.
The currency that shall be used for bid evaluation and comparison
ITB 35.1 purposes to convert all bid prices expressed in various currencies into
a single currency is: INR
The source of the selling exchange rate shall be: RBI TT selling
exchange rate
The date for the selling exchange rate shall be: The date of the
deadline for submission of bids
ITB 36.1 Domestic preference shall not apply.
ITB 38.4 (b) The point 38.4 (b) of section 1 is modified and shall be read as follows:
‘(b) Accept the bid, but require that the amount of the performance
security be increased at the expense of the bidder to a level sufficient
to protect the Employer against financial loss. The quality and
progress of such bidder shall be quarterly examined by the vigilance
and quality control circle of another region when the quoted offer is
more than 15% below the Reference Price.’
Additional Performance security calculation will be as follows: -
1) Additional performance security shall be 1% of the accepted

bid price in case where the offer quoted is up to 10% below
the Reference Price,
2) In case the offer quoted in bid is more than 10% below

compared with Reference Price, the additional performance
security will be as follows,
a. If the quoted offer is up to 15% below as compared to

Reference Price, then in that case additional performance
security shall be equal to difference between 10% and quoted
below percentage plus 1% (as referred in point 1), example is
given as below,
If % quoted is 13 % below then additional performance

security will be (1% + (13% -10%) = 4%) thus total 4% of the

accepted bid price as additional performance security shall be
submitted to the Authority.
b. If the quoted offer is more than 15% below as compared to

Reference Price then in that case additional performance
security shall be equal to two times the difference between
15% and quoted below percentage plus 6% (as referred in
point 1 and 2 (a)), example is given as below,
If % quoted is 19 % below then for
(1%+ (15 % -10%) =6%) plus
(19 % -15% =4%) total (4 x 2) = 8 % thus additional

performance security of 6 % + 8% = 14% of the accepted bid
price shall be submitted to the Authority.
In case of bank guarantee, it shall be valid up to completion of

project. Such additional performance security will be released
at the completion of construction of project along with the final
bill. The Authority reserves the right to forfeit this additional
performance security, in case the performance of the bidder is
not as per schedule. In any case, the performance security shall
not exceed 20% of the Accepted Bid Value.
Note:
1. “Reference price” for comparison with the evaluated bid

price: The “reference price” to be used for calculating the
increase in the performance security shall be the average ofall
the arithmetically corrected, substantially responsive bid
prices, and the Estimated Project Cost (treated as one of the
substantively responsive bids).
2. No forfeiting of bid security: If the bidder refuses to increase

the amount of performance security as required above, its bid
shall be rejected but its bid security shall not be forfeited for
the refusal.
The Authority, in its sole discretion and without incurring any
ITB 40.1 obligation or liability, reserves the right, at any time, to;
a. suspend and/ or cancel the Bidding Process and/ or amend
and/ or supplement the Bidding Process or modify the dates or

other terms and conditions relating thereto;

b. consult with any Bidder in order to receive clarification or
further information;
c. retain any information and/ or evidence submitted to the
Authority by, on behalf of, and/ or in relation to any Bidder;
and/ or
d. independently verify, disqualify, reject and/ or accept any and
all submissions or other information and/ or evidence
submitted by or on behalf of any Bidder.
In the event that the Lowest Bidder is not selected for any reason
except the reason mentioned in Section 2 ITB 4.2 (b) (4), the Authority
shall annul the Bidding Process and invite fresh BIDs. In the event that
the Authority rejects or annuls all the BIDs, it may, in its discretion,
invite all eligible Bidders to submit fresh BIDs hereunder.
ITB 41.1 Standstill provisions shall not apply.
F. AWARD OF CONTRACTS
Prior to the expiration of the period of bid validity and upon expiry of
ITB 43.1 the standstill period specified in ITB 41.1, or upon satisfactory
resolution of a complaint filed within standstill period, if applicable,
the Employer shall transmit the Notification of Award using the form
included in Section 7 (Conditions of Contract and Contract Forms)
to the successful Bidder, in writing, that its Bid has been accepted.
ITB 44.3 Along with signed contract agreement as per ITB 44.2, successful
bidder shall deliver to the employer a legal opinion from its legal
counsel, with respect to the authority of the successful bidder to enter
into this Agreement and the enforceability of the provisions thereof,
within 28 (Twenty Eight) days of receipt of the notification of award.
ITB 45.1 Within 28 days of the receipt of notification of award from the
Employer, the successful Bidder shall furnish the performance security
in accordance with the conditions of contract, subject to ITB 38 and
ITB 39, using for that purpose the Performance Security Form
included in Section 7 (Conditions of Contract and Contract Forms),
or another form acceptable to the Employer. If the institution issuing

the performance security is located outside the country of the

employer, it shall have a correspondent financial institution located in
the country of the employer to make it enforceable.
ITB 46.1 The procedures for Bidding-Related Complaints are referenced in the
“Procurement Regulations for ADB Borrowers (Appendix 7).” The
Bidder should submit its complaint following these procedures, in
writing, to:
Address: The Project Director & Chief Engineer (Externally Aided

Projects), Office of the Chief Engineer & Project Director (EAP), Public
Works Department, 4th Floor, Mantralaya, Mumbai 400 032
E-mail: cepd.mpwd@gmail.com

Schedule of Key Dates to ITB Data Sheet, Section 2
From date & To Date & Time

Sl.No. Department Stage
Time (IST) (IST)
1 Uploading of documents on 27/02/2024 27/02/2024
website by MPWD 1130 hrs. 1200 hrs.
2 OCB Documents Down load by 27/02/2024 12/04/2024
Bidder 1230 hrs. 1700 hrs.
3. Time and Date of Pre-Bid 15/03/2024 15/03/2024
meeting 1100 hrs. 1230 hrs.
4.. Amendment online if any, by 15/03/2024 26/03/2024
MPWD 1500 hrs. 1700 hrs.
5. Submit Bids Online: Upload
27/02/2024 12/04/2024
bid documents: folders A, B by
1230 hrs. 1700 hrs.
Bidders
6. Deadline for Bid Submission.
Physical Submission of Bid 27/02/2024 12/04/2024

Security and other documents 1230 hrs. 1700 hrs.
specified in ITB 11.1 (by
post/courier/in person)
7
12/04/2024
Online Technical Bid Opening To be declared
1730 hrs.
8.
Opening of Physical
To be declared
Submissions

SECTION 3: EVALUATION AND QUALIFICATION CRITERIA

-Without Prequalification -
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. In
accordance with ITB 32 and ITB 36, no other methods, criteria and factors shall be used. The Bidder shall
provide all the information requested in the forms included in Section 4 (Bidding Forms).
Table of Criteria
1 Evaluation .............................................................................................................................................................................. 65
1.1 Adequacy of Technical Proposal .................................................................................................................................. 65
1.2 Completion Time................................................................................................................................................................. 65
1.3 Technical Alternatives ...................................................................................................................................................... 65
1.4 Specialist Subcontractors................................................................................................................................................ 67
1.5 Quantifiable Nonconformities and Omissions ....................................................................................................... 67
1.6 Domestic Preference ......................................................................................................................................................... 67
1.7 Other Criteria........................................................................................................................................................................ 67
1.8 Multiple Contracts .............................................................................................................................................................. 68
2 Qualifications ........................................................................................................................................................................ 71
2.1 Eligibility ................................................................................................................................................................................ 71
2.1.1 Nationality ......................................................................................................................................................................... 71

2.1.2 Conflict of Interest .......................................................................................................................................................... 71
2.1.4 Government-Owned Entity ........................................................................................................................................ 72
2.2 Historical Contract Nonperformance ........................................................................................................................ 72
2.2.1 History of Nonperforming Contracts ..................................................................................................................... 72

2.2.2 Suspension Based on Execution of Bid-Securing Declaration .................................................................... 75
2.2.3 Pending Litigation and Arbitration ......................................................................................................................... 75
2.2.4 Declaration: Environmental, and Social (ES) past performance ............................................................... 76
2.3 Financial Situation ............................................................................................................................................................. 77

2.3.1 Historical Financial Performance ............................................................................................................................ 77

2.3.2 Average Annual Construction Turnover .............................................................................................................. 77
2.3.3 Financial Resources ....................................................................................................................................................... 79
2.4 Construction Experience ................................................................................................................................................. 79
2.4.1 Contracts of Similar Size and Nature ..................................................................................................................... 79

2.4.2 Construction Experience in Key Activities .......................................................................................................... 81
2.4.3 Threshold Technical Capacity ................................................................................................................................... 83
2.4.4 Specific Experience in managing Environmental, Health and Safety aspects ..................................... 85
2.4.5 Requirements related to Machinery ...................................................................................................................... 86
2.4.6 Requirements related to manpower ...................................................................................................................... 88
2.5 Organizational Environmental, Health and Safety System .............................................................................. 89
2.6 Bid Capacity........................................................................................................................................................................... 92

1 Evaluation
In addition to the criteria listed in ITB 37.2 (a)–(f), other relevant factors are as
follows:
1.1 Adequacy of Technical Proposal
Evaluation of the Bidder's Technical Proposal will include an assessment of the
Bidder's technical capacity to successfully implement the contract considering its
proposed site organization, method statement, mobilization, and construction
schedule (to be described by the Bidder in sufficient detail to demonstrate the
adequacy of its work methods, scheduling, and material sourcing) including the
extent to which they are presented in a consistent manner and comply with
requirements stipulated in Section-VI (Works’ Requirements) without material
deviation, reservation, or omission.
Noncompliance with equipment and key personnel requirements described in
Section-VI (Works’ Requirements) shall not normally be a ground for bid rejection,
and such noncompliance will be subject to clarification during bid evaluation and
rectification prior to contract award
1.2 Completion Time
An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as
follows:Not Applicable
1.3 Technical Alternatives
Bidder’s attention is drawn to the contract conditions that permit technical
alternatives, during the contract implementation as per Clause 4.19 of Section 7. The
bidder may propose technical alternatives in its bid, but such alternatives will not be
evaluated as a part of the bid evaluation. Instead, such alternatives will be
considered during the contract implementation as follows:
The decision of use of appropriate material / technology will rest with the
contractor subject to satisfactory compliance to the provisions of the circular
number RW/NH-33044/2020/S &R (P&B) issued by MORT&H dated 14.12.2020,
subject to the condition that the Contractor is allowed to use other new/alternative
material and technology which must have been previously successfully used in
India.
It is clarified that,

a. In case use of such new / alternative Material /Technology by the contractor

brings down the cost of construction/ maintenance, provided it meets all other
design / construction provisions as envisaged in the contract and stipulated in
the Codes, Standards, Specifications, Guidelines etc. specified under Schedule ‘D’,
the Authority shall not revise the contract price nor ask the contractor to
transfer the cost reduction benefit to the Authority.
b. Any new / alternate, Material /Technology that has been accredited by IRC, and
falling under IRC: SP:-89 (Part II), will not require further accreditation, and will
henceforth fall under approved, alternate, material and technologies. For such
approved, alternate, material and technologies, the Defects Liability Period shall
be at par with conventional rigid / flexible pavement.
c. The material / technology for which Codes, Standards, Specifications, Guidelines
etc. of IRC, MoRTH, AASHTO, ASTM, Euro Code and British Codes are available
shall not be treated as new / alternate material / technology and, as such,
Defects Liability Period (DLP) of projects using such material / technology shall
not fall into the category corresponding to new material / technology. Hence the
defects liability period will be at par with conventional / flexible pavement. The
stretches where new material / technology is used for which Codes, Standards,
Specifications, Guidelines etc. of IRC, MoRTH, AASHTO, ASTM, Euro Code and
British Codes, FHWA guidelines are not available, the project may be taken up on
pilot basis and the Defects Liability Period of such projects shall be 10 years.
d. No separate approval from the Authority is required for using new / alternate
material / technology within the contract provisions. The Authority Engineer
shall also approve; the design and drawing of all the new / alternate Materials
proposed by contractor for which international standards such as AASHTO,
ASTM, Euro Code and British Codes, FHWA guidelines are available.
e. If the use of alternative material / technology is not specifically covered in the
Indian or International Standards as mentioned above, contractor would be
permitted its use on certification by owners of similar projects regarding the
continued successful performance of such materials, technologies, methods,
procedures or processes for design life of the project as per Para 1.9 of Manual of
two laning / four laning / six laning of IRC. The contractor will however be
required to submit all quality assurance and quality control documents and
demonstrate to the satisfaction of Authority Engineer satisfactory performance
of the pavement of the use of such material and technology through appropriate

diplomatic channels. However, Defects Liability Period of such projects shall be 3

to 10 years (Varying subject to specific technologies) and approval shall be
accorded at the level of Chief Engineer and Project Director (EAP) or equivalent
officers on recommendation of Authority Engineer.
f. IRC: SP:112-2017 “Manual for Quality Control in Road and Bridge Works” and
various IRC codes / MoRTH guidelines prescribe specifications and standards for
design and construction of various proprietary items such as Geosynthetics.
Contractor will ensure that the design parameters, warranty and other
requirements are fulfilled by manufacturer(s) of such proprietary items as
specified in applicable standards / guidelines. In addition, the contractor has to
comply the documentation requirements from manufacturer/ self, test on
proprietary items as specified in IRC:SP:112-2017 “Manual for Quality Control in
Road and Bridge Works” and applicable standards / guidelines.
1.4 Specialist Subcontractors
In evaluating bids, experience of Specialist Subcontractors for any of the key

activities specified in criterion 2.4.2 Construction Experience in Key Activities will
not be considered. The experience of Specialist Subcontractors in contracts of
similar size and nature, and their financial resources shall not be added to those of
the Bidder for purposes of qualification of the Bidder.
1.5 Quantifiable Nonconformities and Omissions

Deleted
1.6 Domestic Preference
If domestic preference is provided for under ITB 36.1, the following procedure shall
apply: Not Applicable
1.7 Other Criteria
Add any other relevant criteria to consider in bid evaluation. Specify the evaluation
methodologies:
 such as quality, responsiveness to socioeconomic or environmental

objectives, sustainable procurement technical requirements that have been
specified in Section 6, special security considerations at site, and Bidder’s

record of achieving the desired results based on experience and performance

history. For each criteria, clearly specify the evaluation methodology, e.g. (i)
any relevant requirement specified in Section-VI will be evaluated on a
pass/fail (compliance basis), (ii) in addition to evaluating that requirement
on a pass/fail (compliance basis), if applicable, specify the monetary
adjustments to be applied to bid prices for comparison purposes on account
of bids that exceed the specified minimum requirements, or (iii) if merit
point scoring is applied in the evaluation, the criteria will be one of the
technical factors.
1.8 Multiple Contracts
Please note that the works are grouped in multiple contracts as advertised under
IFB nos.As per NIT (for EPC package EPC 50, EPC 51, EPC 52, EPC 53, EPC 54,
EPC 55, EPC 56, EPC 57, EPC 58, EPC 59, EPC 60, EPC 61, EPC 62, EPC 63, EPC 64,
EPC 65, EPC 66, EPC 67, EPC 68, EPC 69 and EPC 70) and pursuant to ITB 37.4,
the Employer shall evaluate and compare Bids on the basis of a contract, or a
combination of contracts, or as a total of contracts in order to arrive at the least-
cost combination for the Employer by taking into account the L1 bidders for each
package at the first instance in case of award of multiple contracts. In the event
any L1 has exhausted his Financial Resources the combination would be formed
taking the next best bid received in the evaluation in such a manner that the
Combination of all the packages remain Least Cost. Incase no bid is received for
any particular package(s) such package(s) will be excluded from multiple
contracts evaluations.
If a Bidder as defined in ITB 4.1 submits several successful (lowest evaluated

substantially responsive) bids, the evaluation will also include an assessment of
the Bidder’s capacity to meet the following aggregated requirements as
presented in the bid:
 Average annual construction turnover as per clause 2.3.2

 Financial resources as per clause 2.3.3
 Threshold technical capacity as per clause 2.4.3
 Requirement related to Manpower as per clause 2.4.6
 Bid Capacity as per clause 2.6

Example for Evaluation for Multiple Contracting
Assuming that Five bidders A, B, C, D and E has been (i) evaluated with eligibility
capacities based on their technical proposals and (ii) quoted price as per their
financial proposals, as per following table A and table B respectively:
A. Qualification Requirement (as per bidding document):
Criteria Pkg. A Pkg. B Pkg. C Pkg. D Pkg. E

Min. Fin. Resource
25 27.5 50 35 22.5
requirement
Min. AACT
100 110 200 140 90
requirement
B. Price Bid received by bidders:
Pkg. A Pkg. B Pkg. C Pkg. D Pkg. E

Bidder 1 108 120 244 192 100
Bidder 2 128 124 252 196 104
Bidder 3 132 128 256 200 96
Bidder 4 136 116 260 204 92
Bidder 5 140 132 264 208 108
Stage 1: Analysis of above bids:
Table below shows least Price Bid quotes received for various packages, Pkg-wise
L1 bidders and their Fin resources and AACT
L1 Bidder Bidder 1 Bidder 4 Bidder 1 Bidder 1 Bidder 4
L1 quote 108 116 244 192 92

Fin Resource of
100 60 100 100 60
the L1
AACT of L1 400 250 400 400 250
Bidder 1 is L1 for three packages (A, C and D) and Bidder 4 is L1 for two packages (B
and E).
Case 1 - Bidder 1 for Pkg. A+ Pkg. C +Pkg. D
Evaluation for
AACT Fin. Resource
multiple Packages
Cumulative
100+200+140 = 440 25+50+35 =110
Requirement
Fin Resource of the
400 100
Bidder 1
Inference Bidder 1 not eligible for all 3 pkgs but for any 2 pkgs as Fin
resource and AACT is less than required
Case 2 – Bidder 4 for Pkg. B + Pkg. E
Evaluation for multiple Packages AACT Fin. Resource
Cumulative Requirement 110+90 = 200 27.5+22.5 =50
Fin Resource of the Bidder 4 250 60
Inference Bidder 4 is eligible for both B and E pkgs
Stage 2 – Award Decision
Scenario 1: Bidder 1 is awarded Pkg. A + Pkg. C, Pkg. D to L2
Total Cost of all

Pkgs
Bidder 1 Bidder 4 Bidder 1 Bidder 2 Bidder 4
108 116 244 196 92 756
Scenario 2: Bidder 1 is awarded Pkg. C + Pkg. D, Pkg. A to L2

Pkg. A Pkg. B Pkg. C Pkg. D Pkg. E Total Cost of all Pkgs

128 116 244 192 92 772
Scenario 3: Bidder 1 is awarded Pkg. A + Pkg. D, Pkg. C to L2
Total Cost of all

Pkgs
108 116 252 192 92 760
Decision:
Scenario 1 leads to least Project Cost payout and therefore:

 Project A and Project C shall be awarded to Bidder 1,
 Project D shall be awarded to Bidder 2,
 Project B and Project E shall be awarded to Bidder 4
2 Qualifications
2.1 Eligibility
Criteria Compliance Requirements Documents
Joint Venture
Submission
Requirement Single Entity All Partners Each One
Requirements
Combined Partner Partner
2.1.1 Nationality
Nationality in Not Forms

Must meet Must meet Must meet
accordance Applicabl ELI - 1; ELI - 2
requirement requirement requirement
with ITB 4.2. e with attachments
2.1.2 Conflict of Interest
No conflicts of
interest in Must meet Must meet Must meet Not Letter of
accordance requirement requirement requirement Applicable Technical Bid
with ITB 4.3.

2.1.3 Deleted
2.1.4 Government-Owned Entity
Bidder
required to Not Forms ELI - 1; ELI
Must meet Must meet Must meet -2
meet Applicabl
requirement requirement requirement
conditions of e with attachments
ITB 4.5.
2.1.5 Deleted
2.2 Historical Contract Nonperformance
2.2.1 History of Nonperforming Contracts
2.2.1. A History of Nonperforming Contracts did not occur as a result of

contractor default since 1st January 2019

Joint Venture
Submission
Requirement Single Entity All Partners One
Each Partner Requirements
Combined Partner
Nonperforman Must meet Must meet Must meet Not Form CON-1
ce of a contract requiremen requirement requirement Applicabl
a did not occur t b e
as a result of
contractor
default since
1st
January2019
a.
Nonperformance, as decided by the Employer, shall include all contracts where (i)
nonperformance was not challenged by the contractor, including through referral to the
dispute resolution mechanism under the respective contract; and (ii) contracts that were
so challenged but fully settled against the contractor. Nonperformance shall not include
contracts where the Employer’s decision was overruled by the dispute resolution
mechanism. Nonperformance 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.
b.
This requirement also applies to contracts executed by the Bidder as Joint Venture
member.
2.2.1. B History of Nonperforming Contracts occur as a result of

contractor default since 1st January 2019

Joint Venture
Submission
Combined Partner
Non Must meet Must meet Must meet Not Annexure 1 to
performance of requiremen requirement requirement Applicabl Form CON-1
a contract t b e
occur as a
result of
contractor
default since
1st January
2019
The Bidder, including an individual or any of its Joint Venture member, should not be a
non-performing party on the bid submission date. The Bidder, including any Joint
Venture Member, shall be deemed to be a non-performing party (not applicable to the
project whose contract is terminated by the Authority) if it attracts any or more of the
following parameters:
(i) Fails to complete or has missed more than two milestones in already awarded two
or more projects, even after lapse of 6 months from the scheduled completion date,
unless Extension of Time has been allowed on the recommendations of the
Independent Engineer due to Authority's default;
(ii) Fails to complete a project, as per revised schedule, for which One Time Fund
Infusion (OTFI) has been sanctioned by the Authority;
(iii) Physical progress on any project is not commensurate with the funds released
(equity + debt + grant) from the escrow account and such variation is more than 25%
in last one year as observed by the Independent Engineer in one or more projects;
(iv) Punch List Items in respect of any project are pending due to Bidder's default in
two or more Projects even after lapse of the prescribed time for completion of such

items;
(v) Fails to fulfil its obligations to maintain a highway in a satisfactory condition
inspite of two rectification notices issued in this behalf;
(vi) Fails to attend to Non Conformity Reports (NCRs) issued by the Independent/
Authority’s Engineer on the designs/ works constructed by the Bidder pending for
more than one year in two or more projects.
(vii) Fails to make premium payments excluding the current instalment in one or
more projects.
(viii) Damages/ Penalties recommended by the Independent/ Authority’s Engineer on
the Bidder during O&M period and the remedial works are not taken up in two or
more projects.
(ix) Fails to achieve financial closure in two or more projects within the given or
extended period (which shall not be more than six months in any case).
(x) Fails to submit the Performance Security within the permissible period in more
than one project(s).
(xi) Rated as an unsatisfactory performing entity/ non-performing entity by an
independent third party agency and so notified on the website of the Authority.
(xii) Has Failed to perform for the works of Expressways, National Highways, ISC & EI
works in the last 2(two) years, as evidenced by imposition of a penalty by an arbitral
or judicial authority or a judicial pronouncement or arbitral award against the
Bidder, including individual or any of its Joint Venture Member, as the case may be.
(xiii) Has been expelled or the contract terminated by the Ministry of Road Transport
& Highways or its implementing agencies for breach by such Bidder, including
individual or any of its Joint Venture Member; Provided that any such decision of
expulsion or termination of contract leading to debarring of the Bidder from further
participation in bids for the prescribed period should have been ordered after
affording an opportunity of hearing to such party.
The Bidder, including individual or each member of Joint Venture, shall give the list of
the projects of Expressways, National Highways, ISC and EI works of Ministry of Road
Transport & Highways or its implementing agencies (NHAI/ NHIDCL/State PWDs) or
MPWD and the status of above issues in each project as on the bid submission date and
undertake that they do not attract any of the above categories.
The Bidder including individual or any of its Joint Venture Member may provide:
(i) details of all their on-going projects along with updated stage of litigation, if so,
against the Authority / Governments;
(ii) details of updated on-going process of blacklisting if so, under any contract with
Authority / Government; and
(iii) details of all their on-going projects

The Authority reserves the right to reject an otherwise eligible Bidder on the basis of
the information provided under this clause. The decision of the Authority in this case
shall be final.
2.2.2 Suspension Based on Execution of Bid-Securing Declaration

Joint Venture
Submission
Combined Partner
Not under Must meet Must meet Must meet Not Letter of
suspension requireme requiremen requireme Applica Technical Bid
based on nt t nt ble
execution of a
Bid-Securing
Declaration
pursuant to
ITB 4.6
2.2.3 Pending Litigation and Arbitration

Pending litigation and arbitration criterion shallapply.
Joint Venture
All Submissio
Single Partner n
Requirement Each One
Entity s Requireme
Partner Partner
Combin nts
ed


Requirement Single Joint Venture Submissio
All pending litigation, Must Not Must Not Form
arbitration, or other material meet applic meet applicab CON - 1
events impacting the net worth requi able require le
and/or liquidity of the bidder, reme ment
if any, shall be treated as nt
resolved against the Bidder
and so shall in total not
represent more than 50
(fifty)percent of the Bidder’s
net worth calculated as the
difference between total assets
and total liabilities.
2.2.4 Declaration: Environmental, and Social (ES) past performance

Joint Venture
All
Submission
Partne One
Requirement Single Entity Requireme
rs Each Partner Partn
nts
Combi er
ned
Declare any contracts Must make the Not Each must make Not Form CON-3
that have been declaration. Applica the declaration. Applic ES
suspended or Where there are ble Where there are able Performance
terminated and/or Specialized Sub- Specialized Sub- Declaration
performance security contractor/s, contractor/s,
called by an employer the Specialized the Specialized
for reasons related to Sub- Sub-
the non-compliance of contractor/s contractor/s
any environmental, or must also make must also make
social (including the declaration the declaration.
Sexual Exploitation
and Abuse) contractual
obligations in the past
five years 1.

2.3 Financial Situation
2.3.1 Historical Financial Performance

Submission
Joint Venture Requirement
Single s
Requirement
Entity All
Each One
Partners
Partner Partner
Combined
Submission of audited Must meet Not Must meet Not Form FIN – 1
financial statements or, if not requireme Applicable requireme Applicabl with
required by the law of the nt nt e attachments
Bidder’s country, other
financial statements
acceptable to the Employer,
for the last FIVE (5) years to
demonstrate the current
soundness of the Bidder’s
financial position. As a
minimum, the Bidder’s net
worth for the last year
calculated as the difference
between total assets and total
liabilities should be Positive.
Profit after tax should be Must meet Not Must meet Not Form FIN –
positive for any two years out requireme Applicable requireme Applicabl 1 with
of last five consecutive years. nt nt e attachments
2.3.2 Average Annual Construction Turnover

Requirement Single Joint Venture Submission
Entity Requiremen
ts
All Each One
Partners Partner Partner
Combined


Entity Requiremen
ts
All Each One
Partners Partner Partner
Combined
Minimum average Must meet Must meet Must meet Must meet Form FIN - 2
annual construction requireme requireme 25% of 50% of
turnover of INR nt nt the the
102.74 crores requireme requireme
[118% of the EPC nt nt
Cost of the project]
Calculated as total
certified payments
received for
contracts in progress
or completed, within
the last FIVE (5)
years.

2.3.3 Financial Resources

Joint Venture
All Submission
Single
Requirement Partners Each One Requiremen
Entity
Combine Partner Partner ts
d
The total requirement of Must meet Must meet Must meet Must meet Form FIN – 3
financial resources for the requireme requireme 25% of 50% of and
Subject Contract will be nt nt the the
INR 17.13 Crores. [Three requireme requireme Form FIN – 4
months Financial Resources nt nt
including GST]. The Bidder
must demonstrate that its
financial resources defined
in FIN - 3, less its financial
obligations for its current
contract commitments
defined in FIN - 4, meet or
exceed the total
requirement for the
Subject Contract as above.
2.4 Construction Experience

2.4.1 Contracts of Similar Size and Nature

Submission
Joint Venture Requireme
nts
Single
Requirement All
Entity Each
Partners One
Partn
Combine Partner
er
d

Participation as a contractor, Joint Must Must Not Must meet Form EXP -
Venture partner, in meet meet applic requireme 1
a. at least one contract that has requirem requirem able nt
been successfully or ent ent
substantially completed within as
the last FIVE (5) years and that follows:
is similar to the proposed
(i) Either
works, having cost of project /
receipts from the project more one
than INR 82.19 Cr. [80% of partner
118% of the EPC Cost of the must
project] , and having design meet
and construction experiences requirem
of minimum 2 lane rigid ent;
pavement road length of 16.80 or
KM ; The similarity of the
Bidder’s participation shall be
based on the physical size,
nature of works, complexity,
methods, technology or other
characteristics for highways,
expressways, bridges, tunnels,
runways, Railways
(construction/re-construction
of railway tracks, yards for
keeping containers etc.), Metro
Rails and Ports
of Jetties, any other linear
infrastructure including
bridges etc.)
or
b. at least two contracts those
have been successfully or
substantially completed within
the last FIVE (5) years and that
is similar to the proposed
works, having cost of project/
receipts from the project
more than INR 51.37 Cr.
[50% of 118% of the EPC

Cost of the project] each and

having design and construction
experiences of minimum 2 lane
rigid pavement road length of
10.50 KM each; The similarity
of bidder’s participation shall
be based on physical size,
nature of works, complexity,
methods, technology or other
characteristics for highways,
expressways, bridges, tunnels,
runways, Railways
(construction / reconstruction
of railway tracks, yards for
keeping containers, etc.),
Metro Rails and Ports
of Jetties, any other linear
infrastructure including
bridges etc.)
Note: For the purpose of this RFP,
1. For the evaluation, the following weightage will be considered according to the lane
widths of the completed projects.
Lane Multiplying Factor

2 lane 1.00
4 lane 1.50
6 lane 2.00
2.4.2 Construction Experience in Key Activities

Must be complied with by the Bidder.

Requirement Submission
Single Entity Joint Venture Requirements
For the above or other Must meet Must meet Form EXP – 2
contracts executed during requirement requirement

the period stipulated in

2.4.1, a minimum
construction experience is
required in the following
key activities:
1. Bidder must
demonstrate an
experience in
Subgrade/Embankm
ent in roadway for
quantity not less than
1,92,327 cubic meter
2. Bidder must The Bidder may
demonstrate an submit MoU
experience in (illustrative
stabilization in format attached
Earthwork /crust for herewith as
quantity not less than Annexure A)
19,581 cubic meter. with soil
stabilization
technology
company.
For
demonstrating
experience in
stabilization in
earthwork/crust,
experience soil
stabilization
technology
company will be
considered as
experience of
bidder.
3. Bidder must
demonstrate an
experience in
Granular Sub Base
(GSB) / Wet Mix
Macadam (WMM)

for quantity not less

than 39,987 cubic
meter
4. Bidder must
demonstrate an
experience in Dry
Lean Concrete (DLC)
work for quantity not
less than 16,144
cubic meter.
5. Bidder must
demonstrate an
experience in
Pavement Quality
Concrete (PQC) work
for quantity not less
than 26,546 cubic
meter.
6. Bidder must
demonstrate an
experience of
construction of bridge
with single span of 10
meters (100% length
of highest span of
bridge proposed in
project).
2.4.3 Threshold Technical Capacity

Joint Venture
Single All Submission
Entity Partners Requirements
Partner Partner
Combined
Participation as a Must meet Must meet Must meet Must meet Form EXP – 3
contractor in requirement requirement 25% of the 50% of the
requirement requirement
For demonstrating
technical capacity and
experience (the
“Technical Capacity”), the
Bidder shall, over the
past 5 (five) financial
years preceding the Bid
Due Date, have received
payments for
construction of Eligible
Project(s)1, or has
undertaken construction
works by itself in a PPP
project, such that the sum
total thereof, is more than
INR 102.74 Cr [118% of
Estimated Project Cost
of the project] (the
“Threshold Technical
Capacity”).
1 Eligible Experience on Eligible Projects in respect of each category:

(i) For a project to qualify as an Eligible Project:
(a) It should have been undertaken either as a PPP project on BOT, BOLT, BOO,
BOOT or other similar basis for providing its output or services to a public
sector entity or for providing non-discriminatory access to users in
pursuance of its charter, concession or contract, as the case may be or on
EPC/Lumpsum mode.
(b) the entity claiming experience should have held, in the company owning the
Eligible Project, a minimum of 26% (twenty-six per cent) equity during the
entire year for which Eligible Experience is being claimed in case of PPP
project;
(c) the capital cost of the project should be more than 10% of the amount
specified as the Estimated Project Cost in case of PPP project or bidder must
have received payments more than 10% of the amount specified as the
Estimated Project Cost in any other case; and
(d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Bid Due Date, have itself undertaken the construction of the
project for an amount equal to at least one half of the Project Cost of eligible

projects, excluding any part of the project for which any contractor, sub-
contractor or other agent was appointed for the purposes of construction, in
case of project under PPP mode.
For the purpose of this RFP:
(i) 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
construction/re-construction cost of Jetties, any other linear infrastructure
including bridges etc.); and
(ii) Maintenance works are not considered as eligible project for evaluation. As
such works with nomenclature like PR, OR, FDR,SR, site/micro grading,
surface renewal, resurfacing work, Tarring, B.T. surface work, temporary
restoration, urgent works, periodic maintenance, repair & rehabilitation, one
time maintenance, permanent protection work of bank, external pre
stressing, repair of central hinge, short term OMT contract of any authority,
any type of work related to border fencing, work of earthwork alone,
construction of buildings/ hostels/hospitals, etc, or not specified, shall not be
considered. However, such maintenance works shall be considered as eligible
projects in case of Maintenance works to be taken up on EPC mode.
(iii) The works such as Improvement in Riding Quality work (IRQP/IRQ), shall be
considered for Technical Capacity but not for single completed works.
However, such work shall be considered for single completed works in case
of Maintenance works to be taken up on EPC mode.
2.4.4 Specific Experience in managing Environmental, Health and Safety aspects

Joint Venture
All Submission
Requirement Single Entity Each
Partners One Partner Requirements
Partner
Combined

For the contracts in 2.4.1 Must meet Not Not Must meet Form EXP – 4.2
and 2.4.2 above and/or requirements Applicable Applicable requirements (c)
any other contracts
[substantially completed
and under
implementation] as prime
contractor, joint venture
member, or Subcontractor
between 1st January 2019
and Application
submission deadline,
experience in managing
EHS risks and impacts in
the following aspects:
[Based on the EHS
assessment, specify, as
appropriate, specific
experience requirements
to manage EHS aspects.]
2.4.5 Requirements related to Machinery

Joint Venture
Submission
Single All
Requirement Each One Requireme
Entity Partners
Partner Partner nts
Combined
Sr. Type of Numb Must meet Must meet Not Not Form EQU
No Equipment er of requireme requireme Applicab Applicab
. Equip- nts nts le le
ment
1. Motor 2
Grader
2. Dozer 2
3. Front end 2
Loader
4. Vibratory 3
Roller
5. Fully 1
Automatic
Micro

Processor
based
Programma
ble Logical
Control
(PIC) with
SCADA
Enabled
Concrete
Batch Mix
Plant (Pan
Mixer) of
minimum
capacity 120
CuM/ Hr of
any
standard
company /
RMC Plant
Note:
1. The life of machinery shall be considered as 15 years.
2. The machinery above age of 15 years as on 01.01.2024 is not allowed.
3. For machinery above age of 10 years as on 01.01.2024 fitness certificate of SE
(Mech.) is required for every year.
4. After new plant and initial machinery setup as well as relocation of old machinery to
a new site, it is obligatory to obtain fitness certificate from Assistant Chief Engineer
(Mechanical).
5. The machinery should be owned by the bidder/ either member of the joint venture.
6. Supporting document viz. tax invoice etc. should be provided sequentially for each
equipment and the page number for the same shall be mentioned.
7. In case of unavailability of the supporting document, the bid is liable to be rejected.

2.4.6 Requirements related to manpower

Docume
Criteria Compliance Requirements
nts
Joint Venture Submi-
Single All ssion
Entity Partners Require-
Partner Partner
Combined ments
Sr. Personn Qualificati Number Must meet Must meet Not Not Form
N el on of Key requireme requireme Applica Applica PER-1
o. Personn nts nts ble ble and PER -
el 2
1. Project B.E.Civil + 1 No
Manger 15 Years
Exp.
(5 years as
Manager)
2. Site B.E.Civil + 2 Nos
Engineer 10 Years
Exp.
(5 Years in
Road
Constructi
on)
3. Resident B.E.Civil + 1 Nos
Engineer 10 Years
Exp.
(5 Years in
Road
Constructi
on)
4. Plant B.E.Mech + 1 Nos
Engineer 10 Years
Exp. or
Dip.Mech
+15 years
Exp.
5. Quantity B.E.Civil + 1 Nos
Surveyo 7 Years
r Exp. or
Dip.Civil
+10 years

Exp.
6. Soil and B.E.Civil + 1 Nos
Material 10 Years
Engineer Exp.
7. Survey B.E.Civil + 1 Nos
Engineer 5 Years
Exp. or
Dip.Civil +8
years Exp.
8. Quality B.E.Civil + 2 Nos
Control 5 Years
Engineer Exp. or
Dip.Civil +8
years Exp.
Total 10
Notes:
1. The key person should be employed by the bidder/ either member of the joint venture.
The supporting for the same shall be provided.
2. Maximum age of the key personnel should not be more than 65 years as on bid due date.
3. Supporting documents for qualification, PAN etc. along with CV should be provided
sequentially for each person and the page number for the same shall be mentioned.
5. Bidders shall fill the relevant information of key persons and Technical staff available
with him in the formats and fields specified on “bidcap.emahapwd.com” Portal.
Out of the key persons and technical staff available with bidder shall upload the staff he
desires to deploy for this work. This statement shall be downloaded from portal
“bidcap.emahapwd.com”. Bider shall upload this QR based statement downloaded from on
or before two days of submission.
If this certificate is not uploaded then tender shall be treated as non-responsive.
6. The bidder must submit affidavit on stamp paper of Rs.500/- for availability of the
required key personnel
2.5 Organizational Environmental, Health and Safety System
2.5.1 Environmental, Health and Safety Certification


Entity All Requiremen

Each One
Partners ts
Partner Partner
Combined
Availability of a valid ISO Must Not Must meet Not Form EXP –
certification or meet Applicable requireme Applicable 4.2 (c)
internationally recognized requirem nts
equivalent (equivalency to ents
be demonstrated by the
Bidder), and applicable to
the worksite:
- Quality
management certificate
ISO 9001
- Environmental
ISO 14001
- Health and Safety
ISO 45001
2.5.2 Environmental, Health and Safety Documentation

Joint Venture
Submission
Single All
Requirement Each One Requiremen
Entity Partners
Partner Partner ts
Combined
Availability of in-house Must Not Must meet Not Form EXP –
policies and procedures meet Applicable requireme Applicable 4.2 (c)
acceptable to the requirem nts
Employer for ESHS ents
management:
1. Existence of an
Ethics Charter.
2. Existence of a
system for monitoring
compliance with EHS

commitments for the

Bidder’s Subcontractors
and all its partners.
3. Existence of official
company procedures for
the management of the
following relevant points:
-EHS resources and
facilities and EHS
monitoring system;
- Project Areas
management information
(base camps, quarries,
borrow pits, storage
areas);
-Health and Safety on
worksites policy and
related guidance;
- Local recruitment and
EHS trainings of local
staff/subcontractors/local
partners;
-Community stakeholder
engagement practice;
-Traffic management
practice;
-Hazardous products
management practice;
-Waste management
practice;
-Protection of water
resources;
-Biodiversity protection
practices;
-Site rehabilitation and
revegetation practice;
-Local cultural heritage
protection practice;
-Erosion and

sedimentation practices;
-Control of infectious and
communicable diseases
(HIV/AIDS, malaria,
Pandemic etc.)
2.5.3 Environmental, Health and Safety Dedicated Personnel

Joint Venture
Submission
Single All
Entity Partners
Partner Partner ts
Combined
Availability of in-house Must Not Must meet Not Form EXP –
personnel dedicated to meet Applicable requireme Applicable 4.2 (c)
EHS issues: requirem nts
- Environmental and ents
Social Manager
- Health and Safety
Manager
2.6 Bid Capacity

Joint Venture
Submission
Single All
Entity Partners
Partner Partner ts
Combined
Bidders who inter alia meet Must Must meet Must meet Must meet Form BID -1
the minimum qualification meet requireme 25% of the 50% of the
criteria will be qualified requirem nt requireme requireme
only if their available BID ent nt nt
capacity is more than Rs.
87.07 Cr. The available

BID capacity will be

calculated as per following,
based on information
mentioned at form BID 1 of
Section 4:
Assessed Available BID
capacity = (A*N*2 – B + C),
Where
N= Number of years
prescribed for completion
of work for which Bid is
invited.
A= Maximum value of
civil engineering works
excluding the amount of
bonus received, if any, in
respect of EPC Projects
executed in any one year
during the last five years
(updated to the price level
of the year indicated in
table at Note-3 below)
taking into account the
completed as well as works
in progress. The EPC
projects include turnkey
project/ Item rate
contract/ Construction
works.
B= Value (updated to
the price level of the year
indicated in table at Note-3
below) of existing
commitments, works for
which the bidder has
emerged as the winner of
the bids or on-going works

to be completed during the

period of completion of the
works for which BID is
invited. For the sake of
clarification, it is
mentioned that works for
which bidder has emerged
as the winner of the bids
but LOA has not been
issued as on the day before
opening the financial bids
shall also be considered
while calculating value of B.
C= The amount of
EPC Projects during the last
5 years (updated to the
price level of the year
indicated in table at Note-3
below).
Note:
1. The Statement
showing the value of all
existing commitments,
works for which the bidder
has emerged as the winner
of the bid as given by
bidder and ongoing works
as well as the stipulated
period of completion
remaining for each of the
works listed should be
countersigned by the Client
or its Engineer-in-charge
not below the rank of
Executive Engineer or
equivalent in respect of

EPC Projects or
Concessionaire /
Authorised Signatory of
SPV in respect of BOT
Projects and verified by
Statutory Auditor.
2. The amount of
EPC Projects should be
countersigned by the Client
or its Engineer-in-charge
not below the rank of
Executive Engineer or
equivalent in respect of
EPC Projects.
3. The factor for the
year for updation to the
price level is indicated as
under:
Year Updat
ion
factor
1 1.00
2 1.05
3 1.10
4 1.15
5 1.20
4. The Bid capacity status

of the bidder to be
updated as on the day
before opening the
financial bids.

5. Bidder shall upload QR

based Bid Capacity
Certificate downloaded on
or before two days of
submission from Portal
“bidcap.emahapwd.com”.
If this bid capacity
certificate is not uploaded
then tender shall be
treated as non-
Responsive. Please refer to
GR issued by Government
of Maharashtra dated
07.12.2023.

SECTION 4: BIDDING FORMS

-Without Prequalification -
Table of Forms
Section 4: Bidding Forms .....................................................................................................................................97

Bid Security ........................................................................................................................................................... 108
AFFILIATE COMPANY GUARANTEE ............................................................................................................ 110
Technical Proposal ............................................................................................................................................. 113
Personnel ............................................................................................................................................................... 114
Form PER – 1: Proposed Personnel......................................................................................................... 114
Form PER – 2: Resume of Proposed Personnel ................................................................................. 115
Equipment ............................................................................................................................................................. 116
Form EQU: Equipment.................................................................................................................................. 116
Site Organization ................................................................................................................................................. 117
Method Statement .............................................................................................................................................. 118
Mobilization Schedule ....................................................................................................................................... 119
Construction Schedule ...................................................................................................................................... 120
Bidders Qualification ......................................................................................................................................... 121
Form ELI - 1: Bidder’s Information Sheet ............................................................................................. 121
Form ELI - 2: Joint Venture Information Sheet ................................................................................... 122
Form ELI - 3: Format for Joint Bidding Agreement for Joint Venture ........................................ 123
Form CON - 1: Historical Contract Nonperformance........................................................................ 128
Form FIN - 1: Historical Financial Performance................................................................................. 136
Form FIN - 2: Average Annual Construction Turnover ................................................................... 138
Form FIN – 3: Availability of Financial Resources ............................................................................ 139
Form FIN – 3A: Evidence of Availability of Credit Line Financial Resources .......................... 140
Form FIN- 4: Financial Requirements for Current Contract Commitments ............................ 141
Form FIN - 5: Self-Assessment Tool for Bidder’s Compliance to Financial Resources ....... 142
Form EXP – 1: Contracts of Similar Size and Nature......................................................................... 145
Form EXP - 2: Construction Experience in Key Activities............................................................... 147
Form EXP - 3: Threshold Technical Capacity....................................................................................... 153

Schedule of Payment Currencies .............................................................................................................. 161

Tables of Adjustment Data .......................................................................................................................... 163

Letter of Technical Bid
-Note-
The bidder must accomplish the Letter of Technical Bid on its letterhead clearly showing
the bidder’s complete name and address.
Date: .......................................................
OCB No.: ……………………………….
Invitation for Bid No.: …………………………………..
To: […..insert complete name of the employer],

Chief Engineer and Project Director (EAP)
Public Works Department,
Bandhkam Bhavan, Mumbai,
Maharashtra- 400 001 India
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB) 8.We accordingly
offer to design, execute, and complete the Works and remedy any defects therein so
that they are fit for the purposes defined in the Contract, and in conformity with the
terms and conditions contained in the Contract.
(b) We offer to execute in conformity with the Bidding Documents the following Works:
[insert narrative]
(c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period
of [ . . .insert bid validity period as specified in ITB 18.1 of the BDS . . .] days from the
date fixed for the bid submission deadline in accordance withwith ITB 22.1, and it
shall remain binding upon us and may be accepted at any time before the expiration
of that period.
(d) Our firm, including any Subcontractors or Suppliers for any part of the Contract,
have nationalities from eligible countries in accordance with ITB 4.2.

(e) We, our directors, key officers, key personnel, including any Subcontractors,
consultants, subconsultants, manufacturers, service providers or Suppliers for any
part of the contract, do not have any conflict of interest in accordance with ITB 4.3.
If there is any conflict of interest, please state details:

(i) Parties involved in the conflict of interest: __________
(ii) Details about the conflict of interest: _________
(f) We are not participating, as a Bidder, either individually or as partner in a Joint

Venture, in more than one Bid in this bidding process in accordance with ITB
4.3(e), other than alternative offers submitted in accordance with ITB 13.
(g) Our firm, joint venture partners, our respective direct and indirect shareholders,
directors, key officers, key personnel associates, parent company, its affiliates or
subsidiaries, including any Suppliers for any part of the contract, are not subject to,
or not controlled by any entity or individual that is subject to, a temporary
suspension or a debarment imposed by the Authority or a debarment imposed by
the Authority.
(h) Our firm, Joint Venture partners, our respective direct and indirect shareholders,
directors, key officers, key personnel, associates, parent company, affiliates or
subsidiaries, including any Subcontractors, consultants, subconsultants,
manufacturers, service providers or Suppliers for any part of the contract, are not
under ongoing investigation and/or sanctions proceedings by the Authority.
If under ongoing investigation and/or proceedings by the authority, please

state details:
(i) Name of the Authority: __________
(ii) Reason for the ongoing investigation / allegations: __________
(i) Our firm, Joint Venture partners, our respective direct and indirect shareholders,
directors, key officers, key personnel, associates, parent company, affiliates or
manufacturers, service providers or Suppliers for any part of the Contract, are not
temporarily suspended, debarred, declared ineligible, or subject to any national
and/or international sanctions by any Government Agency in the country.

We further certify that neither we nor any other member of our joint
venture or any of our subcontractors have been banned or blacklisted or
debarred, which is in force on the last date of Submission of the Bid,
A.for the reasons like supply of sub-standard material, non-supply of
material, abandonment of works, sub-standard quality of works, failure to
abide "Bid Securing Declaration" etc. by:
a.any Department / PSU / Subordinate Offices under Ministry of Housing
and Urban Affairs (MOHUA) or
b. any department of Government of Maharashtra
or
B.By Department of Expenditure (DOE), Ministry of Finance, Government of
India from participating in any government bidding procedure.
If so temporarily suspended, debarred, declared ineligible, or subject to any

national and/or international sanctions by any Government agency in the
country, please state details (as applicable to each Joint Venture partner,
their respective direct or indirect shareholders, directors, key officers, key
personnel, associate, parent company, affiliate, subsidiaries, Subcontractors,
consultants, subconsultants, manufacturers, service providers and/or
Suppliers):
(i) Name of Institution: __________________
(ii)Period of the temporary suspension, debarment, ineligibility, or national
or international sanction [start and end date]: ____________
(iii)Reason for the temporary suspension, debarment, ineligibility, or
national or international sanction: ________________________
(j) We understand that it is our obligation to notify Authority should our firm, joint
venture partners, associates, parent company, affiliates or subsidiaries,
including any Subcontractors, consultants, subconsultants, manufacturers,
service providers, Suppliers, directors and key personnel be temporarily
suspended, debarred or become ineligible to work with Authority, the
employer’s country, international organizations, and other donor agencies, or
any of our key officers and directors be charged or convicted of any criminal
offense or infractions/violations of ordinance, nor charged or found liable in
any civil or administrative proceedings in the last 10 years; or undergoing
investigation for such, or subject to any criminal, civil or administrative orders,
monitorship or enforcement actions. which carry the penalty of imprisonment.
If so charged, convicted/found liable, under ongoing investigation, or subject to
orders, monitorship or enforcement actions, please state details:

(i)Nature of the offense, violation, proceedings, investigation, and/or

monitorship or enforcement actions: __________________
(ii) Court, area of jurisdiction and/or the enforcement agency: __________________
(iii)Resolution [i.e. dismissed; settled; or convicted/duration of penalty]:
__________________
(iv) Other relevant details [please specify]:
(k) Our firm, Joint Venture partners, our respective direct and indirect
shareholders, directors, key officers, key personnel, associates, affiliates or
manufacturers, service providers or Suppliers, can make and receive payments
through the international banking system or otherwise discharge the
Employer’s obligation upon initiation of wire transfer.
If unable to make or receive funds through the international banking system or
otherwise discharge the Employer’s obligation upon initiation of wire transfer,
please state the details:
(i) Nature of the restriction: __________
(ii) Jurisdiction of the restriction: __________
(iii) Other relevant details: __________
Our firm, joint venture partners, associates, parent company, affiliates or

manufacturers, service providers or Suppliers, suppliers, are not from a country
which is prohibited to export goods to or receive any payments from the
employer’s country by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United Nations.
[We are not a government-owned enterprise] / [We are a government-owned

enterprise but meet the requirements of ITB 4.5]. 1
We have paid, or will pay the following commissions, gratuities, or fees with
respect to the bidding process or execution of the Contract:
Name of Recipient Address Reason Amount
1
Use one of the two options as appropriate.

(l) We have not been suspended nor declared ineligible by the Employer based on
execution of a Bid-Securing Declaration in accordance with ITB 4.6.
(m) We agree to permit Authority or its representative to inspect our accounts and
records and other documents relating to the bid submission and to have them
audited by auditors appointed by Authority.
(n) We understand that it is our obligation to notify the Employer of any changes in
connection with the matters described in paragraphs (f), (h), (j), (k), (l), (m), (n)
and (o) of this Letter of Technical Bid.
At any time following submission of our Bid, we shall permit, and shall cause
our Joint Venture partners, directors, key officers, key personnel, associates,
parent company, affiliates or subsidiaries, including any Subcontractors,
consultants, subconsultants, manufacturers, service providers or Suppliers for
any part of the contract to permit Authority or its representative to inspect our
site, assets, accounts and records and other documents relating to the bid
submission and to have them audited by auditors appointed by Authority. We
understand that failure of this obligation may constitute obstructive practice
that may result in debarment and/or contract termination.
If our Bid is accepted, we commit to mobilizing key equipment and personnel in

accordance with the requirements set forth in Section 6 (Employer’s
Requirements) and our technical proposal, or as otherwise agreed with the
Employer.
(o) We understand that any misrepresentation that knowingly or recklessly

misleads or attempts to mislead may lead to the automatic rejection of the Bid
or cancellation of the contract, if awarded, and may result in remedial actions,
in accordance with bid document.
(p) Regardless of whether the contract will be awarded to us, we shall preserve all
accounts, records and other documents related to bid submission for at least 3
years from the date of submission of the bid or the period prescribed in
applicable law, whichever is longer.
If we are awarded the contract, we shall preserve all accounts, records and other
documents related to the procurement and execution of the contract for at least 5

years after completing the works contemplated in the relevant contracts or the
period prescribed in applicable law, whichever is longer.
Name .....................................................................................................................................................................
In the capacity of ..............................................................................................................................................
Signed ...................................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .........................................................................
Date …………………………………………………………………………………………………………..

Letter of Price Bid
-Note-
1. The bidder shall submit his offer for Bid price in BOQ (excel) available on e-tendering
portal.
2. The bidder must accomplish this Letter of Price Bid on its letterhead clearly showing the
bidder’s complete name and address and shall upload the signed copy of this Letter of
Price Bid along with BOQ on e-tendering portal.
Date: .......................................................
OCB No ……………………………………
Invitation for Bid No ……………………………………
To: [ . . .insert complete name of the employer . . .]

Chief Engineer and Project Director (EAP)
Public Works Department,
Bandhkam Bhavan, Mumbai,
Maharashtra- 400 001 India
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents,

including Addenda issued in accordance with Instructions to Bidders (ITB) 8.
We accordingly offer to design, execute, and complete the Works and remedy
any defects therein so that they are fit for the purposes defined in the Contract,
and in conformity with the terms and conditions contained in the Contract.
(b) We offer to execute in conformity with the Bidding Documents and the
Technical Bid submitted for the following Works. [insert narrative]
(c) The total price of our Bid is INR ________________________ (Amount in words Rupees
__________________________________________________)and the same is also indicated in
the Financial Bid Section (BOQ – Excel) on the eTender Portal.

(d) Deleted
(e) Our Bid shall be valid for a period of [insert bid validity period as specified in
ITB 18.1 of the BDS] days starts from the date fixed for the bid submission
deadline in accordance with ITB 22.1, and it shall remain binding upon us and
may be accepted at any time before the expiration of that period.
(f) If our Bid is accepted, we commit to obtain a performance security in

accordance with the Bidding Documents.
(g) We understand that this bid, together with your written acceptance thereof
included in your notification of award through the issuance of Letter of
Acceptance, shall constitute a binding contract between us, until a formal
contract is prepared and executed.
(h) We understand that you are not bound to accept the lowest evaluated bid or
any other bid that you may receive.
(i) At any time following submission of our Bid, we shall permit, and shall cause
our Joint Venture partners, directors, key officers, key personnel, associates,
parent company, affiliates or subsidiaries, including any Subcontractors,
consultants, subconsultants, manufacturers, service providers or Suppliers for
any part of the contract to permit Authority or its representative to inspect our
site, assets, accounts and records and other documents relating to the bid
submission and to have them audited by auditors appointed by Authority. We
understand that failure of this obligation may constitute obstructive practice
that may result in debarment and/or contract termination.
(j) Regardless of whether the contract will be awarded to us, we shall preserve all
accounts, records and other documents related to bid submission for at least 3
years from the date of submission of the bid or the period prescribed in
applicable law, whichever is longer.
(k) If we are awarded the contract, we shall preserve all accounts, records and
other documents related to the procurement and execution of the contract for
at least 5 years after completing the works contemplated in the relevant
contracts or the period prescribed in applicable law, whichever is longer.

(l) We confirm and stand by our commitments and other declarations made in
connection with the submission of our Letter of Technical Bid.
(m) We certify on behalf of the Bidder, that the information provided in the bid has
been fully reviewed, given in good faith, and to the best of our knowledge is
true and complete. We understand that it is our obligation to inform the
Employer of any changes to the information as and when it becomes known to
us. We understand that any misrepresentation that knowingly or recklessly
misleads or attempts to mislead may lead to the automatic rejection of the Bid
or cancellation of the contract, if awarded; and may result in remedial actions,
in accordance with Bid documents.
Name .....................................................................................................................................................................
In the capacity of ..............................................................................................................................................
Signed ...................................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .........................................................................
Date

Bid Security
Bank Guarantee
[Bank’s name, and address of issuing branch or office]2

Beneficiary: [Executive Engineer, Public Works Division, _________________]
Date: .......................................................................................
Bid Security No.: .....................................................................................................................................................
We have been informed that [name of the bidder] (hereinafter called "the Bidder") has
submitted to you its bid dated [please specify] (hereinafter called "the Bid") for the
execution of (Name of package) (EPC __) under Invitation for Bids No. . ________________
(“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by
a bid guarantee.
At the request of the Bidder, we [name of bank] hereby irrevocably undertake to pay you
any sum or sums not exceeding in total an amount of [amount in words] [amount in figures]
upon receipt by us of your first demand in writing accompanied by a written statement
stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the
Bidder
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the
Letters of Technical and Price Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to
Bidders (hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of
bid validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails or
refuses to furnish the performance security, in accordance with the ITB, or (iii) fails or
refuses to furnish a domestic preference security, if required.
This guarantee will expire (a) if the Bidder is the successful Bidder, upon our receipt of
copies of the Contract Agreement signed by the Bidder and the Performance Security
issued to you upon the instruction of the Bidder; or (b) if the Bidder is not the successful
Bidder, upon the earlier of (i) our receipt of a copy of your notification to the Bidder of the
name of the successful Bidder, or (ii) 60 days after the expiration of the Bidder’s bid.
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
2 All italicized text is for use in preparing this form and shall be deleted from the final document.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.3
. . . . . . . . . . . . [Authorized signature(s) and bank’s seal (where appropriate)] . . . . . . . . . .
3***********************

AFFILIATE COMPANY GUARANTEE
Name of Contract/Contract No.: __________________________________________________________
Name and address of Employer: _________________________________________________________
____________________________________________________________________________________
(together with successors and assigns).
We have been informed that [name of Contractor] (hereinafter called the “Contractor”) is
submitting an offer for the above-referenced Contract in response to your invitation, and
that the conditions of your invitation require its offer to be supported by an affiliate
company guarantee.
In consideration of you, the Employer, awarding the Contract to the Contractor, we[name of
affiliated company] irrevocably and unconditionally guarantee to you, as a primary
obligation, that (i) throughout the duration of the Contract, we will make available to the
Contractor our financial, technical capacity, expertise and resources required for the
Contractor’s satisfactory performance of the Contract; and (ii) we are fully committed,
along with the Contractor, to ensuring a satisfactory performance of the Contract.
If the Contractor fails to so perform its obligations and liabilities and comply with the
Contract, we will indemnify the Employer against and from all damages, losses and
expenses (including legal fees and expenses) which arise from any such failure for which
the Contractor is liable to the Employer under the Contract.
This guarantee shall come into full force and effect when the Contract comes into full force
and effect. If the Contract does not come into full force and effect within a year of the date
of this guarantee, or if you demonstrate that you do not intend to enter into the Contract
with the Contractor, this guarantee shall be void and ineffective. This guarantee shall
continue in full force and effect until all the Contractor’s obligations and liabilities under
the Contract have been discharged, when this guarantee shall expire and shall be returned
to us, and our liability hereunder shall be discharged absolutely.
This guarantee shall apply and be supplemental to the Contract as amended or varied by
the Employer and the Contractor from time to time. We hereby authorize them to agree on
any such amendment or variation, the due performance of which and compliance with
which by the Contractor are likewise guaranteed hereunder. Our obligations and liabilities
under this guarantee shall not be discharged by any allowance of time or other indulgence

whatsoever by the Employer to the Contractor, or by any variation or suspension of the

works to be executed under the Contract, or by any amendments to the Contract or to the
constitution of the Contractor or the Employer, or by any other matters, whether with or
without our knowledge or consent.
This guarantee shall be governed by the law of the same country (or other jurisdiction) that
governs the Contract and any dispute under this guarantee shall be finally settled under the
[Rules or Arbitration provided in the Contract].We confirm that the benefit of this
guarantee may be assigned subject only to the provisions for assignment of the Contract.
Signed by: …………………………………………… Signed by: ……………………………………………

[signature] [signature]
………………………………………………… ………………………………………
[name] [name]
……………………………………… …………………………………………………
[position in parent/subsidiary company] [position in parent/subsidiary company]
Date: ……………………………………………
-- Note --
If permitted in accordance with ITB 32.2 of the BDS, the Bidder shall fill out the Affiliate
Company Guarantee Form for each subsidiary, parent entity, affiliate, etc. that the Bidder
submits for consideration of the Employer in determining its qualifications.

Bill of Quantities
Note:
The bid price is inclusive of all Environmental, Health and Safety management and
compliance cost.

Technical Proposal
Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule

EPC 70 - Improvement to Morshi Ashti Thar Pardi Road SH-292 Km 238/00 to 245/00 Taluka
- Ashti (Part -1) & Morshi Ashti Thar Pardi Road SH 292 Km 245/00 to 259/00 (Total Length
= 21.00Km) Taluka-Karanja District – Wardha. (Part - Ashti to Nara Godhani)
Personnel
Form PER – 1: Proposed Personnel
Bidder should provide the details of the proposed personnel and their experience
record in the relevant Information Forms below for each candidate:
1. Title of position
Name
Name
Name
Name
Name
Name
etc. Title of position
Name
-- Note --
All titles of positions will be as listed in Section 6 (Employer’s Requirements).

Form PER – 2: Resume of Proposed Personnel
The Bidder shall provide all the information requested below. Use one form for each
position.
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
Summarize professional experience in reverse chronological order. Indicate

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

Equipment
Form EQU: Equipment
The Bidder shall provide adequate information and details to demonstrate clearly
that it has the capability to meet the equipment requirements indicated in Section 6
(Employer’s Requirements), using the Forms below. 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
Omit the following information for equipment 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

Site Organization

Method Statement

Mobilization Schedule

Construction Schedule

Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section 3
(Evaluation and Qualification Criteria) the Bidder shall provide the following
information requested in the corresponding Information Sheets.
Form ELI - 1: Bidder’s Information Sheet
a. Bidder’s Information
Bidder’s legal name
(1) In case of a Joint

Venture, legal name of
each partner
Bidder’s country of
constitution
Bidder’s year of
constitution
Bidder’s legal address

in country of
constitution
Bidder’s authorized
representative
(name, address,
telephone number(s), fax
number(s), e-mail
address)
Attached are copies of the following documents.
 1. In case of a single entity, articles of incorporation or constitution of the legal entity
named above, in accordance with ITB 4.1 and ITB 4.2.
 2. Authorization to represent the firm or Joint Venture named above, in accordance
with ITB 20.2.
 3. In case of a Joint Venture, a letter of intent to form a Joint Venture or Joint Venture
agreement, in accordance with ITB 4.1.
 4. In case of a government-owned enterprise, any additional documents not covered
under 1 above required to comply with ITB 4.5.

Form ELI - 2: Joint Venture Information Sheet
Each member of the Joint Venture must fill out this form separately.
b. Joint Venture Information
Bidder’s legal name
Joint Venture Partner’s

legal name

country of constitution
year of constitution
legal address in
country of constitution
authorized
representative
information
(name, address,
telephone number(s), fax
number(s), e-mail
address)
Attached are copies of the following documents.
 1. Articles of incorporation or constitution of the legal entity named above, in
accordance with ITB 4.1 and ITB 4.2.
 2. Authorization to represent the firm named above, in accordance with ITB 20.2.
 3. In the case of a government-owned enterprise, documents establishing legal and
financial autonomy and compliance with commercial law, in accordance with ITB
4.5.
 4. Separately executed Joint Venture Agreement as per format attached.

Form ELI - 3: Format for Joint Bidding Agreement for Joint Venture
(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of …………
20…
AMONGST
1. {………… Limited, and having its registered office at ………… } (hereinafter

referred to as the “First Part” which expression shall, unless repugnant to the
context include its successors and permitted assigns)
AND
2. {………… Limited, having its registered office at ………… }and (hereinafter

referred to as the “Second Part” which expression shall, unless repugnant to
the context include its successors and permitted assigns)
AND
3. {………… Limited, and having its registered office at …………} (hereinafter

referred to as the “Third Part” which expression shall, unless repugnant to the
context include its successors and permitted assigns)
AND
4. {………… Limited, and having its registered office at …………} (hereinafter

referred to as the “Fourth Part” which expression shall, unless repugnant to
the context include its successors and permitted assigns)

The above mentioned parties of the FIRST, {SECOND and THIRD and FOURTH} PART
are collectively referred to as the “Parties” and each is individually referred to as a
“Party”
WHEREAS,
(A) The Principle Secretory, Public Works Department, Government Of

Maharashtra, having its principal office at Mantralaya, Fort, Mumbai – 400
032, (hereinafter referred to as the “Authority” which expression shall,
unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns) has invited bids (the Bids”) by its
Bidding Document No. ………… dated …………(the “Bid”) for award of contract
for (Name of the Package EPC __) . on EPC mode in the State of Maharashtra
(the “Project”) through an EPC Contract.
(B) The Parties are interested in jointly bidding for the Project as members of a
Joint Venture and in accordance with the terms and conditions of the Bid
document and other bid documents in respect of the Project, and
(C) It is a necessary condition under the Bid document that the members of the
Joint Venture shall enter into a Joint Bidding Agreement and furnish a copy
thereof with the Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalized terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the Bid.
2. Joint Venture
2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint
Venture”) for the purposes of jointly participating in the Bidding Process for
the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only
through this Joint Venture and not individually and/ or through any other Joint
Venture constituted for this Project, either directly or indirectly.
3. Covenants
The Parties hereby undertake that in the event the Joint Venture is declared
the selected Bidder and awarded the Project, it shall enter into an EPC

Contract with the Authority for performing all its obligations as the Contractor
in terms of the EPC Contract for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as

described below:
(a) Party of the First Part shall be the Lead member of the Joint Venture
and shall have the power of attorney from all Parties for conducting all
business for and on behalf of the Joint Venture during the Bidding
Process and until the Appointed Date under the EPC Contract;
(b) Party of the Second Part shall be {the Member of the Joint Venture; and}
(c) Party of the Third Part shall be {the Member of the Joint Venture.}
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the
terms of the Bid and the EPC Contract, till such time as the completion of the
Project is achieved under and in accordance with the EPC Contract.
6. Share of work in the Project
The Parties agree that the proportion of construction in the EPC Contract to be
allocated among the members shall be as follows:
First Party:
Second Party:
{Third Party:
Fourth Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty
one) per cent of the total length of the project highway if the Contract is
allocated to the Joint Venture.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement
that:

(a) Such Party is duly organized, validly existing and in good standing under
the laws of its incorporation and has all requisite power and authority to
enter into this Agreement;
(b) The execution, delivery and performance by such Party of this Agreement
has been authorized by all necessary and appropriate corporate or
governmental action and a copy of the extract of the charter documents
and board resolution/ power of attorney in favour of the person
executing this Agreement for the delegation of power and authority to
execute this Agreement on behalf of the Joint Venture Member is annexed
to this Agreement, and will not, to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having

applicability to it;
(iii) violate the memorandum and articles of association, by-laws or

other applicable organizational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other

governmental authorization, approval, judgment, order or decree or
any mortgage agreement, indenture or any other instrument to
which such Party is a party or by which such Party or any of its
properties or assets are bound or that is otherwise applicable to
such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or Encumbrances or obligations to create a lien,
charge, pledge, security interest, encumbrances or mortgage in or
on the property of such Party, except for encumbrances that would
not, individually or in the aggregate, have a material adverse effect
on the financial condition or prospects or business of such Party so
as to prevent such Party from fulfilling its obligations under this
Agreement;
(c) this Agreement is the legal and binding obligation of such Party,
enforceable in accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Affiliates is a party that presently
affects or which would have a material adverse effect on the financial
condition or prospects or business of such Party in the fulfillment of its
obligations under this Agreement.

8. Termination
This Agreement shall be effective from the date hereof and shall continue in
full force and effect until Project completion (the “Defects Liability Period”) is
achieved under and in accordance with the EPC Contract, in case the Project is
awarded to the Joint Venture. However, in case the Joint Venture is either not
pre-qualified for the Project or does not get selected for award of the Project,
the Agreement will stand terminated in case the Applicant is not pre-qualified
or upon return of the Bid Security by the Authority to the Bidder, as the case
may be.
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of {India}.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended
by the Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED
THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.SIGNED, SEALED AND
DELIVERED
For and on behalf of
LEAD MEMBER SECOND PART THIRD PART FOURTH PART
by:
(Signature) (Signature) (Signature) (Signature)
(Name) (Name) (Name) (Name)
(Designation) (Designation) (Designation) (Designation)
(Address) (Address) (Address) (Address)
In the presence of:
1……………….
2……………….
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in
accordance with the procedure, if any, laid down by the Applicable Law 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.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favour of
the person executing this Agreement for the delegation of power and authority
to execute this Agreement on behalf of the Joint Venture Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document
shall be legalized by the Indian Embassy and notarized in the jurisdiction
where the Power of Attorney has been executed.
Form CON - 1: Historical Contract Nonperformance
Each Bidder must fill out this form in accordance with Criteria 2.2.1 and 2.2.3 of
Section 3 (Evaluation and Qualification Criteria) to describe any history of
nonperforming contracts and pending litigation or arbitration formally commenced
against it.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately
and provide the Joint Venture Partner’s name:
Joint Venture Partner: ___________________
c. Table 1: History of Nonperforming Contracts

Choose one of the following:

 No nonperforming contracts.
 Below is a description of nonperforming contracts involving the Bidder (or each Joint
Venture member if Bidder is a Joint Venture).
Amount of
Non Total
performed Contract
Year Description
Portion of Amount
Contract (INR (INR in
in crores) crores)
[insert Contract Identification: [indicate complete contract [insert amount] [insert
year] name/ number, and any other identification] amount]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main
reason(s)]

e. Table 2: Pending Litigationand Arbitration

Choose one of the following:
 No pending litigation and Arbitration.
 Below is a description of all pending litigation and Arbitration involving the Bidder (or each
Joint Venture member if Bidder is a Joint Venture).
Value of
Value of Pending
Pending Claim Claim as a
Year Matter in Dispute
in (INR in Percentage
crores) of Net
Worth
[insert Contract Identification: [indicate complete contract [insert amount] [insert
year] name/ number, and any other identification] amount]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Matter of Dispute: [indicate full description of dispute]
Party who initiated the dispute: [indicate “Employer”
or“Contractor”]
Status: [indicate status of dispute]
- Note -
Table 2 of this form shall only be included if Criterion 2.2.3 of Section 3 (Evaluation and
Qualification Criteria) is applicable.

Annexure1toformCON-1
AdditionalInformationforIncompleteworksinhand
Information of project awarded by MoRT&H/NHAI/PWD/MSRDC or any other
similar implementing agency through EPC/Lumpsum / Hybrid Annuity
Model/BOT/PPP andwhich are in progress or not completed as on bid due date,
shall be clearly mentioned in Proforma I and Proforma II and should be certified
by theconcerned authorityinaseparatecertificate.
Informationmustbesubmittedforallprojectsincludingprojectswhere,
(1) Anyprojectisdelayedandauthorityleviedfineorpenaltyactionhasbeentaken.
(2) Projectcompletioncouldnotbeachievedonaccountofdefaultofcontractorandau
thorityhastakenupsuchincompleteworkonRiskandcostofcontractor.
In all such circumstances concerned contractor (Lead firm / Sole / JV Partner) shall
not be considered as responsive for technical qualification
andhenceproposalshallberejected
PROFORMA–I
Sr Nameoft Lengt Proje Appoin ConstructioNature of Presen Remark

No heProject h ct ted n default by tStatus
Cost Date Period contractor
, if any
1 2 3 4 5 6 7 8 9
1
2
3

PROFORMA-II
Sr Name Milestoneduea MilestoneActua IfDelayed Whether contract has

N ofthe sperContractS llyachieved been terminated /
o Proje chedule substituted by any
ct other agency/
Date Physi Dat Physica Finele Extensio
executed under Risk
calPro e lProgre vied ngivenw and Costs of the
gress ss ithoutPe contractor
nalty
1 2 3 4 5 6 7 8 9
1
2
3
Note:
The bidders are required to submit information related to all projects awarded
since 1st Jan 2014 in above proforma I and II.

Annexure2toformCON-1
A statement by the Bidder and each of the Members of its Joint Venture (where
applicable) disclosing material non-performance or contractual non-compliance
in current projects, as on bid due date is given below (attach extra sheets, if
necessary) w.r.t. para 2.1.14.
Name of the Bidder /Member of JV: __________________________
Sr.
Categories of Non-Performer Project 1 Project 2
No.
Fails to set up institutional mechanism and
(i)
procedure as per contract.
Fails to mobilize key construction equipment
(ii) within a period of 4 months from the Appointed
Date.
Fails to complete or has missed any milestone and
progress not commensurate with contiguous
unencumbered project length /ROW available
(iii) even after lapse of 6 months from respective
project milestone/Schedule Completion date,
unless Extension of Time has been granted due to
Authority's Default or Force Majeure.
Fails to achieve progress commensurate with
funds released from Escrow Account (Equity +
(iv)
Debt + Grant) in BOT or HAM project and variation
is more than 25% in the last 365 days.
Fails to achieve the target progress or complete
the project as per schedule agreed at the time of
sanctioning of funds under One Time Funds
(v)
Infusion (OTFI) or relaxations to contract
conditions to improve cash flow solely on account
of Concessionaire's failure/default.
Fails to complete rectification (excluding minor
rectifications) as per time given in non-conformity
(vi) reports (NCR) in design/completed
works/maintenance or reported in Inspection
Reports issued by Quality Inspectors deployed by

the Authority or Officers of the Authority.

Fails to complete minor rectifications exceeding 3
instances in a project as per time given in non-
(vii)
conformity reports (NCR) in design/completed
works/maintenance.
Fails to fulfill its obligations to maintain a highway
(viii) in a satisfactory condition in spite of two
rectification notices issued in this regard.
Damages/ penalties recommended by
(ix) Independent/Authority's Engineer during O&M
Period and remedial works are still not taken up.
Fails to complete Punch list items even after lapse
(x) of time for completion of such items excluding
delays attributable to the Authority.
Occurrence of minor failure of structures/highway
due to construction defect wherein no casualties
(xi)
are reported (casualties include injuries to human
being / animals).
Occurrence of major failure of structures/highway
due to construction defect wherein no casualties
(xii)
are reported (casualties include injuries to human
being/ animals).
Occurrence of major failure of structures/highway
due to construction defect leading to loss of
(xiii)
human lives besides loss of reputation etc. of the
authority.
Fails to make premium payments excluding the
(xiv)
current instalment in one or more projects.
Fails to achieve financial closure in two or more
projects within the given or extended period
(xv)
(which shall not be more than six months in any
case).
Fails to submit the Performance Security within
(xvi) the permissible time period in more than one
project.
Rated as an unsatisfactory performing entity/
(xvii)
nonperforming entity by an independent third-

party agency and so notified on the website of the

Authority.
Failed to perform for the works of Expressways,
National Highways, ISC & EI works in the last
2(two) years, as evidenced by imposition of a
(xviii) penalty by an arbitral or judicial authority or a
judicial pronouncement or arbitral award against
the Bidder, including individual or any of its
Consortium/JV Member, as the case may be.
Expelled from the contract or the contract
terminated by the Ministry of Road Transport &
Highways or its implementing agencies for breach
by such Bidder, including individual or any of its
Consortium/JV Member; Provided that any such
(xix)
decision of expulsion or termination of contract
leading to debarring of the Bidder from further
participation in bids for the prescribed period
should have been ordered after affording an
opportunity of hearing to such party.
Fails to start the works or causes delay in
(xx)
maintenance & repair/overlay of the project.
I/ We certify that the list is complete and covers all the projects of Expressways,
State Highways, ISC and EI works of PWD/ MoRTH/ NHAI or its implementing
agencies and that we/ any of the JV partners do not fall in any of the above
categories of being a Non-Performing entity.
(Signature, name and designation of the authorised signatory)
For and on behalf of…………………………………….

Form FIN - 1: Historical Financial Performance
Each Bidder must fill out this form.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and
provide the Joint Venture Partner’s name:
Financial Data for Previous 5 years

Year 1: Year 2: Year 3: Year 4: Year 5:
Total Assets (TA)

Total Liabilities
(TL)
Net Worth = TA –
TL
Current Assets (CA)
Current Liabilities
(CL)
Working Capital =
CA – CL
To be obtained for most recent year and

Most Recent carried forward to FIN - 3 Line 1; in case of
Working Capital Joint Ventures, to the corresponding Joint
Venture Partner’s FIN – 3.
Information from Income Statement

Total Revenues
Profits Before
Taxes

Profits After Taxes
 Attached are copies of financial statements (balance sheets  

including all related notes and income statements) for the last _____
years, as indicated above, complying with the following conditions:
 Unless otherwise required by Section 3 of the Bidding Document,
all such documents reflect the financial situation of the legal
entity or entities comprising the Bidder and not the Bidder’s
parent companies, subsidiaries, or affiliates.
 Historical financial statements must be audited by a certified
accountant.
 Historical financial statements must be complete, including all
notes to the financial statements.
 Historical financial statements must correspond to accounting
periods already completed and audited (no statements for partial
periods shall be requested or accepted).

Form FIN - 2: Average Annual Construction Turnover

The information supplied should be the Annual Turnover of the Bidder or each member of
a Joint Venture in terms of the amounts billed to clients for each year for work in progress
or completed, converted to US dollars at the rate of exchange at the end of the period
reported.

Annual Turnover Data for the Last ……. Years(Construction only)
Amount Exchange INR
Year
Currency Rate Equivalent
Average Annual Construction Turnover

Form FIN – 3: Availability of Financial Resources
Bidders must demonstrate sufficient financial resources, comprising of Working Capital

supplemented by credit line statements or overdraft facilities to meet the Bidder’s financial
requirements for
(a) its current contract commitments, and

(b) the subject contract.
Financial Resources
Source of financing Amount (INR
No.
equivalent)
1 Working Capital (to be taken from FIN - 1)
Credit Line (must be substantiated by FIN - 3A)

2 a
Total Available Financial Resources
a To be considered, Credit Line must be substantiated by a letter from the bank issuing the
line of credit, specific for the subject contract, as prescribed in Form FIN-3A. Any letter or
document not complying with this requirement shall not be considered as supplementary
financial resources.

Form FIN – 3A: Evidence of Availability of Credit Line Financial Resources
[Each Bidder must fill out this form to demonstrate financial resources comprising credit
line statements or overdraft facilities, as stated in form FIN-3.]
Project Name:
Bidding Package Name and Identification Number: …… (to be filled in as indicated in ITB
1.1) …
BANK CERTIFICATE
This is to certify that M/s ...................... is a reputed company with a good financial standing.
If the contract for the work, namely...................... is awarded to the above firm, we shall be
able to provide overdraft / credit facilities to the extent of Rs ...................... to meet their
working capital requirements for executing the above contract.
___Sd.___
Name of Bank: __________
Senior Bank Manager_____________
Address of the Bank_______________
[In case of Joint Venture, change the text as follows:]
This is to certify that M/s ...................... who has formed a Joint Venture with M/s ......................
and M/s ...................... for participating in this bid, is a reputed company with a good
financial standing.
If the contract for the work, namely...................... is awarded to the above joint venture, we
shall be able to provide overdraft / credit facilities to the extent of Rs...................... to M/s
...................... to meet their working capital requirements for executing the above contract.
Form FIN- 4: Financial Requirements for Current Contract Commitments
Bidders (or each Joint Venture partner) 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.
Current Contract Commitments

Employer’ Outstandi Remaining
Contract
s ng Contract Quarterly Financial
Name of Completio
No. Contact Contract Period in Resources Requirement
Contract n
(Address, Value months (X / Y) x 3
Date
Tel, Fax) (X)a (Y) b
Total Quarterly Financial Requirement for Current Contract INR . . . . . . . . . . . . . . . . .

Commitments
a Remaining outstanding contract values to be calculated from 28 days prior to the bid
submission deadline ($ equivalent based on the foreign exchange rate as of the same
date).
b Remaining contract period to be calculated from 28 days prior to bid submission
deadline.

Form FIN - 5: Self-Assessment Tool for Bidder’s Compliance to Financial Resources

(Criterion 2.3.3 of Section 3)
This form requires the same information submitted in Forms FIN - 3 and FIN - 4. All
conditions of “Available Financial Resources Net of CCC ≥ Requirement for the Subject
Contract” must be satisfied to qualify.
Form FIN - 5A: For Single Entities

Total Quarterly Requiremen Results:
Total
Financial Available t
Available Yes or No
For Single Requirement for Financial
Financial for the [D must be
Entities: Current Contract Resources Net
Resources Subject greater than
(A) Commitments (CCC) of CCC
from FIN – 3 Contract or equal to E]
from FIN – 4 D = (B - C)
(B) (E) (F)
(C)
_________ ...........
(Name of
Bidder)

Form FIN - 5B: For Joint Ventures
Total Quarterly
Requiremen Results:
Total Financial
Available t Yes or No
For Joint Available Requirement for
Financial
Ventures: Financial Current Contract for the [D must be
Resources Net
Resources Commitments Subject greater than or
(A) of CCC
from FIN – 3 (CCC) from FIN – Contract equal to E]
D = (B - C)
(B) 4
(E) (F)
(C)
One Partner:
____________
(Name of ...........
Partner)
Each Partner:
_____________
(Name of ...........
Partner 1)
_____________
(Name of ...........
Partner 2)
_____________
(Name of ...........
Partner 3)
All partners ∑ D= Sum of available financial ∑ D= _______ ...........

combined resources net of current contract
commitments for all partners
- Note -
Form FIN – 5 is made available for use by the bidder as a self-assessment tool, and by the
employer as an evaluation work sheet, to determine compliance with the financial
resources requirement as stated in 2.3.3. Failure to submit Form FIN - 5 by the Bidder shall
not lead to bid rejection.


Form EXP – 1: Contracts of Similar Size and Nature
Fill out one (1) form per contract.
The exchange rate to be used to calculate the value of the contract for conversion to a
specific currency shall be the selling rate of the borrower’s national bank on the date of the
contract.
Contract of Similar Size and Nature

Contract No . . . . . . Contract
of . . . . . Identification
Completion
Award Date
Date
Total Contract INR

Amount
Total Length of 2 KMs

lane rigid
pavement road
If partner in a Joint
Venture or
Subcontractor,
specify Percent of Total Amount
participation of
total contract
amount
Employer’s name
Address
Telephone number
Fax number
E-mail

Description of the Similarity in Accordance with Criterion 2.4.1 of Section 3

(Evaluation and Qualification Criteria)
Annexure 1 to EXP 1:
Additional Information pertaining to Contracts of Similar Size and Nature (refer clause
2.4.1)
Bidders claiming experience of any particular project must demonstrate
eligibility of the particular project in below mentioned :
Table 1: Contract that has been successfully or substantially completed within the last
FIVE (5) years and that is similar to the proposed works, having cost of project /
receipts from the project more than INR 80% of EPC cost of this package
S Nam Clie Cost Length % of Work Nature Client Remark
r e of nt of of 2 completi (Expressway/High certifica (any
N Proje Proje lane on way) te additional
o ct ct rigid attache informati
paveme d as on)
nt road page
(in no.
KMs)
Table 2: Contract that has been successfully or substantially completed within the last
FIVE (5) years and that is similar to the proposed works, having cost of project /
receipts from the project more than INR 50% of EPC cost of this package
Sr Name Clie Cost Length % of Work Nature Client Remark
N of nt of of 2 completi (Expressway/High certifica (any
o Proje Proje lane on way) te additional
ct ct rigid attache informati
paveme d as on)
nt road page
(in no.
KMs)

Form EXP - 2: Construction Experience in Key Activities
Fill out one (1) form per contract.
Contract with Similar Key Activities

Contract No . . . . . . Contract
of . . . . . Identification
Completion
Award Date
Date
Total Contract
INR
Amount
If partner in a Joint
Venture or
Subcontractor,
specify Percent of Total Amount
participation of
total contract
amount
Employer’s name
Address
Telephone number
Fax number
E-mail
Description of the Key Activities in Accordance with Criterion 2.4.2 of Section 3

(Evaluation and Qualification Criteria)


Annexure 1 to form EXP 2:

Additional Information pertaining to Construction Experience in Key Activities (refer
clause 2.4.2)
Bidders claiming experience of any particular key activities must demonstrate
eligibility of the particular project in below mentioned
Table 1:
S Nam Clie Cost Length Experie Experie Experie Client Remark
r e of nt of of 2 nce in nce in nce in certific (any
N Proje Proje lane Excavat GSB / PQC ate additiona
o ct ct rigid ion WMM works attache l
pavem d as informati
ent page on)
road no.
(in
KMs)

Agreement (MOU) With Soil Stabilization

Technology Company
AGREEMENT
This Agreement of Soil Stabilization Technology is made and executed on the ____
Day of__________ Month in Year _______.
BETWEEN
1) M/s______________ PAN No. ____________, a company incorporated and existing under the
India Companies Act 2013, having its registered address at_____________ Phone
No_________ Fax +_____________Cell +___________ (hereinafter referred to as the
"___________")
Party of the First Part
2) M/s__________ PAN No.________ GST No.__________ a company registered under the
provisions of respective acts in force and registered Govt. Contractors, registered in
appropriate class with Government of Maharashtra having their office situated
at.__________ (hereinafter referred to as the "") and managed by Shri. who is a director
in the above-mentioned Firm.
Party of the Second Part
Where in the Party of the First Part herein,_______ is the Soil Stabilization Technology
Company executing works of soil stabilization for road works for the PWD the State of
Maharashtra using its using the material as per the specifications and the approved by
the authority_________ is experienced in mix design, execution & supervision of the soil
stabilized layer for MDR, SH & NH.
Whereas Party of the Second Part herein, “ _________” is a registered Government

Contractors as stated in appropriate Class with Government of Maharashtra.
AND Whereas the Party of the Second Part is to submit the following tenders for
E-TENDER NOTICE NO.01 EPC Package No.------- FOR 2021-22 Work details as per
following table:
EPC Name Of Work Project Cost
Package
No

AND whereas the tender condition 2.4.2 (2) specifies qualifying criteria that, Bidder
must demonstrate an experience in stabilization in Earthwork/crust for quantity not
less than…............ cubic meter.
AND whereas, the party of the First Part is desirous to provide support by performing
the mix design, execution and supervision, of the soil stabilized layer using the product
as per the specification and approved by the authority, including man power, material
and machinery on charges basis of the Party of the Second Part. And the Party on the
Second Part is desirous of availing these services from_____
AND WHEREAS, to these present, are desirous of recording the terms and of the
agreement, reduce the same to writing
AND whereas______ is enclosing the certificate of quantity & performance, No._______

dated for the Qty, of_______ Cubic Meter issued by the Executive Engineer___________
for value of stabilization work performed of_______ Lakh
Now therefore this article of agreement witnessed as under.

1) It is hereby agreed between the parties to these presents, that ______will provide
material, mix design, machine including (a) Mobile and self-propelled stabilizer
equipment and (b) Vibratory Roller smooth drum or sheep foot, and all other
equipment like motor grader, as may be required, along with execution of soil
stabilization layer with supervision.
2) It is hereby expressly declared by the parties to the presents that the services are
mobilized on and from the date of commencement of the work being awarded or
that would be awarded by the department to the Party of the Second Part as per NIT
provisions.
3) It is hereby agreed by and between the parties to these present that instant
agreement shall remain in force till the date of completion of the work and will
terminate with time limit of completion of works in tender mentioned above. This
agreement will also terminate if the tender is awarded to any entity other than party
of the Second Part.
4) The party of the First Part has agreed to deploy material, machines, manpower that
would be required good working condition as per NIT provision along with its
operational crew and all the necessary accessories of the machines within eight
weeks from the date of intimation in writing given by the Party of the Second Part to
the party of the First Part

5) BOTH parties are agreed to complete the work as per the specification and clauses of
the contract The authority reserves the right to change /replace the agency for the
work of first party if non satisfactory performance and quality is noticed. The
decision of authority is final and binding on both parties who have undersigned the
MOU.
In Testimony where of the parties to these presents have set and subscribed their
respective signatures on the day, month and year herein above written.
Party of the First Part Party of the Second Part

Signed Executed Signed Executed
and delivered for and on Behalf of and delivered for and on Behalf of
M/s.____________ M/s.____________
____________________________ ___________________________
In Presence of AFFIRMED AND EXECUTED

1)______________________________ 2)_______________________

Form EXP - 3: Threshold Technical Capacity

Technical Capacity of the Bidder
Applicant Projec Experience** (Equivalent INR crore)$$ Technical
type t Payments Value of self- Experienc
Code* received for construction in e£
construction of Eligible Projects (INR in cr)
Eligible Projects
(1) (2) (3) (4) (5)
Single a
entity b
Bidder/
c
Joint
d
Venture
e
f
Aggregate Technical Experience =
* Refer Annex-I of this FORM EXP - 3. Add more rows if necessary.
$ Refer Clause 2.4.3 of section 3
** Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project.
In no case shall the cost of maintenance and repair, operation of Highways and land be
included while computing the Experience Score of an Eligible Project.
$$ For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**)4 to
a US Dollar.
£ Technical Experience shall be computed in accordance with clause 2.4.3 of section 3

and shall be demonstrated in Annex-I to EXP-3.
4
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the Reserve
Bank of India for the relevant date.Where relevant date should be as on the date 28 (twenty eight) days prior to the
Application Due Date.

ANNEX-Ito Form EXP – 3 Details of Eligible Projects

Project Code: Entity:
Item Refer Particulars of
Instruction the Project
Title & nature of the project

Year-wise 6
(a) payments received for construction or work executed and
certified by the Engineer-in-charge/Independent Engineer/
Authority’s Engineer, and/or
(b) revenues appropriated for self-construction under PPP
projects
Entity for which the project was constructed 7
Location (District and State)
Project cost (INR Cr) 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity was 10
held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in section 3, as
the case may be. Information provided in this section is intended to serve as a back-up for
information provided in the Application. Applicants should also refer to the Instructions
below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. The total payments received and/or revenues appropriated for self-construction for
each Eligible Project are to be stated in Annex-I. The figures to be provided here should
indicate the break-up for the past 5 (five) financial years. Year 1 refers to the financial
year immediately preceding the Bid Due Date; Year 2 refers to the year before Year 1,
Year 3 refers to the year before Year 2, and so on. For projects under PPP mode,

expenditure on construction of the project by the Applicant itself should be provided,

but only in respect of projects having an estimated capital cost exceeding the amount
more than 10% of Estimated Cost of Project. In case of other projects, payments
received only in respect of construction should be provided, but only if the amount
received exceeds 10% of Estimated Cost of Project. Receipts for construction works
should only include capital expenditure and should not include expenditure on
maintenance & repair and operation of Highways.
5. In case of projects under PPP mode, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
concession, etc.) may be provided. In case of other projects, similar particulars of the
client need to be provided.
6. For projects under PPP mode, the date of commissioning of the project, upon
completion, should be indicated. In case of any other projects, date of completion of
construction should be indicated. In the case of projects under construction, the likely
date of completion or commissioning, as the case may be, shall be indicated.
7. For projects under PPP mode, the equity shareholding of the Bidder, in the company
owning the Eligible Project, held continuously during the period for which Eligible
Experience is claimed, needs to be given.
8. Experience for any activity relating to an Eligible Project shall not be claimed twice. In
other words, no double counting in respect of the same experience shall be permitted
in any manner whatsoever.
9. Certificate from the Bidder’s statutory auditor$ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that do not
have statutory auditors, the auditors who audit the annual accounts of the Bidder may
provide the requisite certification.
$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.

Form EXP – 4: Specific Experience in managing Environmental, Health and Safety

aspects (Refer clause 2.4.4 of Section 3)
Specify Experience in managing environmental parameters and health and safety

requirements observed on site office, plant & machinery and labor camps.

Form BID – 1
Calculation of bid capacity
[Note: Bidder shall upload QR based Bid Capacity Certificate downloaded on or before two
days of submission from Portal “bidcap.emahapwd.com”. If this bid capacity certificate
is not uploaded then tender shall be treated as non-Responsive. Please refer to GR
issued by Government of Maharashtra dated 07.12.2023.]
Information required to evaluate the BID Capacity under clause 2.6 of Section 3:
To calculate the value of “A” and “C”

1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by the
Bidder during the last 5 years is as follows (the amount of bonus received, if any,
shall be indicated separately):
Sl. Year Value of Civil Engg. Works Amount of Net Value

No. undertaken w.r.t. EPC bonus (Rs. in excluding
Projects including bonus, Crores) bonus (Rs. in
if any (Rs. in Crores) Crores)
1 2022-23/2022
2 2021-22/2021
3 2020-21/2020
4 2019-20/2019
5 2018-19/2018
2. Maximum value of projects that have been undertaken during the F.Y. ________ out of
the last 5 years and value excluding amount of bonus thereof is Rs._____Crores
(Rupees__________________________). Further, value updated to the price level of the year
indicated in Appendix is as follows:
Rs. ______ Crores x _____(Updation Factor as per Appendix) = Rs. _______ Crores
(Rupees______________________________________)
3. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated to
the price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount of Updation Updated Amount of
No. Year Bonus Factor Bonus (Rs. in
(Rs. in Crores)
Crores)

1 2022-23/2022 1.00
2 2021-22/2021 1.05
3 2020-21/2020 1.10
4 2019-20/2019 1.15
5 2018-19/2018 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of
Seal of the audit firm: (Signature, name and Authorised Signatory
designation and Membership No. of
:authorised signatory) For and on behalf of ………………(Name of
Date:
Place:

To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to be
completed is as follows:
Sl. Nam Percentag Date of Constructi Value Value of Balance Anticipat Balance
e of e of issue of on period of work value of ed date value of
Proje participat LOA / as per contra complet work to of work at
ct/W ion of Date of Agreemen ct as ed be completi 2022-
ork Bidder in openin t/ LOA per complet on 23/2022
the g of Agree ed price level
project financi ment
al bid / /LOAβ
Date of
start /
appoin
ted
date of
project
Rs. in Rs. in Rs. in Rs. in Crore
Crore Crore Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x #)
Total
# Updation Factor as given below:
β
In case balance period of construction is less than the value of period of construction of the project for which bid
is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of work to be
completed in the period of construction of the project for which bid is invited is to be mentioned. In the absence of
the anticipated value of work to be completed, the proportionate value shall be considered while evaluating the
Assessed Available Bid Capacity.

For Year F.Y. / Calendar Year Updation Factor

1 2022-23/2022 1.00
2 2021-22/2021 1.05
3 2020-21/2020 1.10
4 2019-20/2019 1.15
5 2018-19/2018 1.20
The Statement showing the value of all existing commitments, works for which the
contractor has emerged as the winner of the bid and anticipated value of work to be
completed in the period of construction of the project for which bid is invited and
ongoing works as well as the stipulated period of completion remaining for each of the
works mentioned above is verified from the certificate issued that has been
countersigned by the Client or its Engineer-in-charge not below the rank of Executive
Engineer or equivalent in respect of EPC Projects or Concessionaire / Authorised
Signatory of SPV in respect of BOT Projects. No awarded / ongoing works/ works for
which the contractor has emerged as the winner of the bid has been left in the aforesaid
statement which has been awarded to M/s………………individually / and other member
M/s ……………….. and M/s ………………., as on bid due date of this RFP.
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation of Name of the Statutory Auditor’s firm:
Authorised Signatory Seal of the audit firm: (Signature, name
and designation and Membership No. of
For and on behalf of ………………(Name authorised signatory)
of the Bidder)
Date:
Place:
Date:
Place:

Schedules
Schedule of Payment Currencies
For ...........................insert name of Section of the Works...........................
Separate tables may be required if the various sections of the Works will have substantially
different foreign and local currency requirements. In such a case, the Employer should
prepare separate tables for each Section of the Works.
A B C D
Percentage of
Rate of
Local Currency Net Bid Price
Name of Payment Amount of Exchange
Equivalent (NBP)
Currency Currency to Local
C=AxB 100xC
Currency
NBP
Local Currency 1.00
Foreign Currency
#1
Foreign Currency
#2
Foreign Currency
#3
Net Bid Price 100.00
Provisional Sums
Expressed in 1.00
Local Currency
BID PRICE
Note -
The rates of exchange shall be the selling rates 28 days prior to the deadline for submission
of bids published by the source specified in BDS 15.


Tables of Adjustment Data

Table A - Local Currency
Bidder’s Bidder’s
Index Index Source of Base Value
Local Currency Proposed
Code Description Index and Date
Amount Weighting
Nonadjustable — — — A: 0.15
B:
C:
D:
E:
Total 1.00
Table B - Foreign Currency
Name of Currency: .....................................................................................................

Insert name of currency. If the bidder wishes to quote in more than one foreign
currency, this table should be repeated for each foreign currency.
Use one of the two

options
Bidder’s
Base Bidder’s
Index Index Source of Currency in Equivalent
Value Proposed
Code Description Index Type/Amou in FC1
and Date Weighting
nt
— — — A:0.15
Nonadjustabl
e B:
C:
D:
E:
Total 1.00
Note -
As per GCC 1.1.3.1, “Base Date” means the date 28 days prior to the latest date for submission
of the bid.

Tables of Adjustment Data shall only be included if prices are to be quoted as adjustable
prices in accordance with ITB 14.5.
Section 5 - Eligible Countries
Refer Section 2 ITB 4.2

PART II REQUIREMENTS

SECTION 6: EMPLOYER’S REQUIREMENTS

This Section contains the Specifications, Drawings, Supplementary Information that
describe the Works to be procured, Personnel Requirements, and Equipment
Requirements.
Table of Contents
Specifications ……………………………………………………………………………………………….6-167
Drawings ……………………………………………………………………………………………….6-167
Supplementary Information Regarding Works to Be Procured .........................................6-167
Personnel Requirements ....................................................................................................................6-169
Equipment Requirements ..................................................................................................................6-169

Specifications
Specifications and standards will be as per Schedule D of the Draft EPC agreement of
Bidding Document Part III – Section 7 - Conditions of Contract and Contract Forms.
The Site Specific Environmental Management Plan (SSEMP) is mandatory under which the
Site Specific Health and Safety Management Plan (SSHSMP) is attached as Appendix B XX of
Section 7 of the Bid Document. The SSHSMP is to be submitted to the Engineer and a
confirmation of no objection of the SSHSMP should be obtained from the Engineer prior to
commence of site work.
Drawings
Drawings will be as per Schedule I of the Draft EPC agreement of Bidding Document Part
III– Section 7 - Conditions of Contract and Contract Forms.
Supplementary InformationRegarding Works to Be Procured
1. Scope of Work
The selected Bidder (the “Contractor”) shall be responsible for Designing,

Engineering, Procurement and Construction of the Project under and in accordance
with the provisions of an Engineering Procurement and Construction contract
(the “EPC Contract”) to be entered into between the Contractor and the Employer
in the form provided as part of the Bidding Documents (Bidding Document Part III –
Section 7- Conditions of Contract and Contract Forms) pursuant hereto. The
Contractor shall also be responsible for the maintenance of the project during the
Defect Liability Period.
The scope of work will broadly include rehabilitation, Upgradation and

augmentation of the existing carriageway to [two-lane/ two-lane with paved
shoulders] standards with construction of new pavement, rehabilitation of existing
pavement, construction and/or rehabilitation of major and minor bridges, culverts,
road intersections, interchanges, drains, etc with defects Liability Period shall be 10
(Ten) years including maintenance of the Project for a period of 10 (Ten) years.
Detailed scope of work has been described at Article 2, Schedule B and Schedule C of
Bidding Document Part III – Section 7- Conditions of Contract and Contract Forms

2. Project Report and Drawings
The extracts from Project Report and Drawings are being provided only as a
preliminary reference document by way of assistance to the Bidders who are
expected to carry out their own surveys, investigations and other detailed
examination of the Project before submitting their Bids. Nothing contained in the
Project Report and Drawings shall be binding on the Employer nor confer any right
on the Bidders, and the Employer shall have no liability whatsoever in relation to or
arising out of any or all contents of the Project Report and Drawings.
3. Bid Documents, Project Reports and Drawings shall remain property of the
Employer
The bid documents including all attached documents, provided by the Authority
(Employer) are and shall remain or become the property of the Employer and are
transmitted to the Bidders solely for the purpose of preparation and the submission
of a BID in accordance herewith. Bidders are to treat all information as strictly
confidential and shall not use it for any purpose other than for preparation and
submission of their BID. The provisions of this Clause shall also apply mutatis
mutandis to BIDs and all other documents submitted by the Bidders, and the
Employer will not return to the Bidders any BID, document or any information
provided along therewith.
4. Environment, Health and Safety for the Contract
The bidder should demonstrate in the Plan the Environment, health and safety
measures they will put in place on site in relation to pandemic prevention and
controls, including but not limited to, PPE requirements, site set up, training,
induction and mobilization of new personnel, equipment and plants cleaning and
other hazard management measures while undertaking site work activities, site
visitors health and safety protocols, as well as the approach to the monitoring and
reporting of the Plan. The Plan should be fit for purpose for the particular
construction works of this contract and be aligned with any relevant government
regulations and guidelines on pandemic prevention and controls, as well as
workplace safety requirements, or in the absence thereof, to international good
practice guidelines, such as World Health Organization, 2020, considerations for
public health and social measures in the workplace.

Personnel Requirements
The EPC Contractor shall deploy adequate number of qualified and experienced personnel
as referred in clause 2.4.6 of Section 3 of the bid documents for implementation of project.
Equipment Requirements
The EPC Contractor shall deploy appropriate and adequate number of equipment
machinery with the criteria mentioned below for completion of work as per schedule
1. The life of machinery shall be considered as 15 years.
2. The machinery above age of 15 years as on 01.01.2024 is not allowed.
3. For machinery above age of 10 years as on 01.01.2024 fitness certificate of SE

(Mech.) is required for every year.
4. After new plant and initial machinery setup as well as relocation of old machinery to
a new site, it is obligatory to obtain fitness certificate from Assistant Chief Engineer
(Mechanical).
5. The machinery should be owned by the bidder/ either member of the joint venture.
6. Supporting document viz. tax invoice etc. should be provided sequentially for each
equipment and the page number for the same shall be mentioned.


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EPC 70 - Improvement to Morshi Ashti Thar Pardi Road SH-292 Km 238/00 to 245/00 Taluka - Ashti

MAHARASHTRA STATE ROAD IMPROVEMENT PROJECT

(EPC 70 - Improvement to Morshi Ashti Thar Pardi Road

Contractor Executive Engineer,

Contractor Executive Engineer,

Contractor Executive Engineer,

Section 2 -Bid Data Sheet (BDS) -------------------------------------------- 2-1

Section 3 -Evaluation and Qualification Criteria (EQC) -------------- 3-1

Section 4 -Bidding Forms (BDF) ------------------------------------------- 4-1

Section 5 -Eligible Countries (ELC) ---------------------------------------- 5-1

PART III CONDITIONS OF CONTRACT AND CONTRACT FORMS

Contractor Executive Engineer,

PART I BIDDING PROCEDURES

Contractor Executive Engineer,

SECTION 1: INSTRUCTIONS TO BIDDERS

Contractor Executive Engineer,

27. Clarification of Bids ...................................................................................................................31

Contractor Executive Engineer,

1.2 Throughout this Bidding Document,

2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”)

2.2 Payments by the Lending Institute will be made only at the

Contractor Executive Engineer,

LOA and during the subsistence of the Agreement.

3.2 Without prejudice to the rights of the Authority under Clause

(a) “corrupt practice” means the offering, giving, receiving or

Contractor Executive Engineer,

execution of the project;

(b) “fraudulent practice” means a misrepresentation or

(c) “coercive practice” means impairing or harming, or

(d) “undesirable practice” means (i) establishing contact with

(e) “restrictive practice” means forming a cartel or arriving at

4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or

(a) all partners shall be jointly and severally liable; and

Contractor Executive Engineer,

operates in conformity with the provisions of the laws of that

(a) they have controlling shareholders in common; or

Contractor Executive Engineer,

Borrower as Engineer for the contract; or

4.5 Government-owned enterprises in the Employer’s country

4.6 A Bidder shall not be under suspension from bidding by the

4.7 Bidders shall provide such evidence of their continued

4.8 Bidders shall be excluded if by an act of compliance with a

4.9 In case a prequalification process has been conducted prior to

Contractor Executive Engineer,

5. Eligible 5.1 The materials, equipment, and services to be supplied under

B. CONTENTS OF BIDDING DOCUMENT

PART I Bidding Procedures

Contractor Executive Engineer,

6.3 The Employer is not responsible for the completeness of the

6.4 The Bidder is expected to examine all instructions, forms,

7. Clarification of 7.1 A prospective Bidder requiring any clarification on the

Contractor Executive Engineer,

be responsible for death or personal injury, loss of or damage

7.4 The Bidder’s designated representative is invited to attend a

7.5 The Bidder is requested to submit any questions in writing, to

7.6 Minutes of the pre-bid meeting, including the text of the

7.7 Nonattendance at the pre-bid meeting will not be a cause for

Contractor Executive Engineer,

8.2 Any addendum issued shall be part of the Bidding Document

8.3 To give prospective Bidders reasonable time in which to take

11.2 The Technical Bid shall comprise the following:

(a) Letter of Technical Bid;

Contractor Executive Engineer,