National Highways Authority Of India
Ministry of Road Transport and Highways
National Highways Authority of India invites applications from the interested bidders/
contractors for getting pre-qualified for toll (user fee) collection at approx 100 number of
toll plazas under NHAI.
Except Net Worth [20% of Annual Potential Collection (APC) for financial bids and 10% of
APC for e-quotations}, no other technical qualification is required.
With effect from 01.10.2014, those bidders, who are in the list of pre-qualified bidders, shall
only be allowed to submit financial bids or e-quotations. The existing prequalified bidders,
as per RFQ dated 21.10.2013, will be allowed to submit financial bids or e-quotations during
an overlapping period upto 30.11.2014 and atter that those bidders who are prequalified
as per RFQ dated 10.09.2014 will only be allowed to submil financial bid or e-quotation.
The list of pre-qualified bidders will remain valid upto 30.09.2015.
The applications for prequalification (RFQ) shall be received by NHAI on or after 20.09.2014,
The process of prequallfication is open (no last date).
For further details, RFQ Document, etc., please visit NHAI Website www.nhai.org. For any
query, please contact Shri Rajesh Ral, GM (CO}, e-mail : rajeshrai@nhai.org.
ae NATIONAL HIGHWAYS AUTHORITY OF INDIA
MINISTRY OF ROAD TRANSPORT & HIGHWAYS
GOVT. OF INDIA
REQUEST FOR QUALIFICATION (RFQ) DATED 10.09.2014 FOR
THE PERIOD FROM 01.10.2014 TO 30.09.2015
Note: The existing pre-qualified bidders, as per REQ dated 21.10.2013 are required to submit only those
documents indicated at Clause 2.6.2
PREQUALIFICATION OF BIDDERS
FOR SELECTION AS CONTRACTORS FOR,
USER FEE COLLECTION WORK AT TOLL PLAZAS UNDER NHAL
ley tel REQUEST FOR QUALIFICATION (RFQ) DATED 10.09.2014
PREQUALIFICATION OF BIDDERS FOR SELECTION AS CONTRACTORS FOR
USER FEE COLLECTION WORK AT TOLL PLAZAS UNDER NHAT
1. Introduetion
11 Background:
I.L.1 The National Highways Authority of India (the “Authority”) is engaged in development,
maintenance and management of National Highways entrusted to it by Ministry of Road Transport
& Highways. As part of its functions, the Authority has decided to engage the Contractors through
competitive e-tendering/ e-quotation for collection of user fee at the Toll Plazas under Public
Funded/ Annuity Projects of NHAI (the list of such toll plazas along-with other relevant details will
be hosted on the website of NHAI and updated from time to time). The Authority has decided to
carry out the process of prequalification of the “Bidders” as per their evaluated/ established net
worth so as to permit only the prequalified Bidders to participate in submission of financial bids e-
quotations online on e-portal of NHAL for the work(s) of User Fee Collection at various Toll
Plazas.
1.1.2 The interested Bidders who wish to apply in response to this Request for Qualification
(RFQ) are invited to submit their Applications for pre-qualification as prescribed hereunder. The
pre-qualification shall be open throughout (no last date) and the list of prequalified bidders
announced/ updated from time to time by the Authority would be valid till 30.09.2015 or such other
date as may be decided by the Authority. Thereafter, the Authority may invite fresh applications,
1.2 Description of the bidding process:
1.2.1 The Authority has decided to adopt a two stage process for selection of the Bidder for award.
of the work of user fee collection at various Toll Plazas of NHAI viz prequalification stage
and Financial Bid/ REP or e-quotation stage. The RFQ and Financial Bid/ RFP or e-
quotation put together are called the bidding process.
1.2.2 (a) _ In the Pre-Qualification Stage, the Bidders would be required to furnish all the
information specified herein. The Pre-Qualification stage is aimed at evaluating/
establishing the networth and deciding the eligibility of the Bidders. At the end of the pre-
qualification stage, the Authority intends to announce a list of the Bidders pre-qualified
(Category-1 & Category-2), updated from time to time, along-with their Net Worth
(Technically Qualified Bidders) and hosted it on the website of NHAI. With effect from
01.10.2014, those bidders who are in the list of prequalified bidders shall only be allowed to
participate in submission of the financial bids of regular bids as well as the e-quotations. As
the pre-qualification process is open throughout (no last date), the bidder(s) may get
themselves pre-qualified and added in the list by submitting their applications in advance,
‘The Authority will endeavor to examine the applications and announce the results/ update
the list within 14 days from the date of receipt of the application, The bidders appearing in
the list announced updated by the Authority 7 days prior to due date for submission of the
Financial Bid/ e-quotation only are eligible to submit the financial bid/ e-quotation, subject
to fulfillment of other conditions. For avoidance of doubt, it is clarified that if the date 7
days prior to bid due date happens to be a holiday, the next working day will be considered.
However, in case of a request of Category-2 bidder to upgrade it to Category-1 bidder
pursuant to Clause 2.1.1 (vi), where documentary requirements were completed at the time
of registration as Category-2 bidder and all those documents were valid for Category-1 and
only depositing of balance non-refundable fee (Rs. 5.0-1.04.0 lakh) and balance common
bid security (Rs, 1.5-0.5 = 1.0 crore) are involved, such bidder is eligible to submit the 1.23
1.25
13
3
financial bid or e-quotation with due date from the next day of up-gradation from Category-
2.to Category-1 bidder by NHAI on its website,
(b) The existing prequalified bidders, as per RFQ dated 21.10.2013, will be allowed to
submit financial bids or e-quotations over an overlapping period upto 30.11.2014 and after
that only those bidders who are prequalified as per RFQ dated 10.09.2014 will be allowed to
submit financial bid or e-quotation, They are required to submit only those documents
indicated at Clause 2.6.2.
Financial Bid/ RFP or e-quotation Stage: The Authority shall invite toll plaza(s) specific
Financial Bid/REP or e-quotation through an invitation on website of NHAL or through e-
mails to the prequalified bidders in the list. Then, the Technically Qualified Bidders,
having networth more than the networth specified in the Toll Plaza(s) specific Financial
Bid/REP or e-quotation, duly considering the increased networth requirement for toll plazas
in hand (exchuding those on e-quotation basis) shall only be eligible to submit the financial
bid or e-quotation in electronic form by enclosing a copy of NHAI’s list of Pre ~
Qualification. No document is requited to be submitted in physical form at the time of
submission of financial bid/ e-quotation. Bid Process for individual toll plaza(s) will be as
specified in the Financial Bid/ RFP or invitation for e-quotation of individual toll plaza.
Any queries or requests for additional information concerning the RFQ shall be submitted in
writing or by fax or e-mail to the officer designated below. The envelope/ communication
shall clearly bear the following identification/ title:
“REQ for Pre-qualification of the Bidders for User Fee Collection”
“Queries/Request for Additional Information”
Address for Communication:
Shri Rajesh Rai,
General Manager (CO),
National Highways Authority of India,
G-5 & 6, Sector-10, Dwarka, New Dethi-110075
Tel No, 25074100/200 Extn 1339
Fax No. 25074100/200 Extn 2619
B mail: rajeshrai@nhaiorg
Websit ittp://www.nhai.org:
Schedule of Pre-qualification Process
RFQ Application(s) can be submitted by the Bidder(s) during the office hours on all the working
days at above address on or after 20.09.2014, The Authority shall endeavour to declare the result
on website of NHAI within 14 days from date of receipt of the application.
14
a
Gi)
only.
Amendment of RFQ:
‘At any time, the Authority may for any reason, whether at its own initiative or in response
to clarifications requested by any applicant, modify the RFQ by issuing an Addendum. Tt
is binding on the bidders to provide requisite information as per the Addendum and within
the time prescribed, otherwise, the application shall be rejected and/ or the bidder shall be
removed from the list of prequalified bidders.
Any Addendum issued hereunder will be in writing and shall be hosted on NHAT website
ie 4
2 INSTRUCTIONS TO BIDDERS
24 Eligibility of Bidders:
2.1.1 Eligibility of Bidders at Prequalification Stage: For determining the eligibility of Bidders
for their prequalification hereunder, the following shall apply
(i) The Bidder may be
(2) Company registered under the Indian Companies Act, 1956;
(b) Partnership Firm registered under the Indian Partnership Act, 1932;
(©) Partnership Firm registered under the Limited Liability Partnership Act, 2008;
(d) Cooperative Society/lix-servicemen Society registered under any Cooperative
Societies Aet (of any state in India) or under Multi State Cooperative Societies
Act, 2002 (of any stale in India) or under Mutually Aided Cooperative
Societies Act (of any state in India);
(©) Proprietary Firm; or
(0) Individual
(ii) ‘The bidder can submit an application for pre-qualification, as a single entity or a group of
entities (the “Consortium”) or both. However, at the time of submission of a Financial Bid
or e-quotation, no Bidder submitting the Financial Bid or e-quotation, individually of as a
member of a Consortium, as the case may be, can be the member of another Consortium’
Bidder. The term Bidder used herein would apply to both a single entity and a Consortium.
Where the entities have common Promoters/ Directors, there shall be no conflict of interest.
(Common shareholding shall not exceed 25%)
iii) Requirements of Consortium:-
(a) The group of entities forming Consortium will submit a Consortium Agreement
providing the details of percentage share of each constituent entity in the
Consortium, proposed distribution of responsibilities for performance of the work,
commitment of the partners to joint and several liabilities for due performance etc.
(b) The Consortium partners would be limited to three (including the lead partner).
(©) The lead partner must have atleast 50% share in the Consortium and should meet
50% Net Worth requirements.
(d) The Net Worth of each individual entity will be applied to the extent of its share in
the Consortium for calculation of combined Net Worth of the Consortium,
(©) The application submitted shall include all the information as required under the
provisions of the RFQ for each partner and shall be submitted by lead partner with
binding authorization/ POA from other partners.
(f) Statutory Auditor (SA) (Chartered Accountant, if SA is not applicable) of Lead
Member shall also certify the combined Net Worth of Consortium, besides
certificates of Net Worth of individual entities of Consortium.
(iv) The bidder or any of its constituent partner(s)/ director(s) who were debarred/ expelled by
NHAL on the basis of their performance in user fee collection or any other assignment or for
= Wy)
(wi)
any other reason including fraudulent and corrupt practices, cto. are not eligible to submit
this RFQ Application, during their period of debarment.
The bidder or any of its constituent partner(s)/ director(s), who failed to perform on any
contract, as evidenced by imposition of a penalty (other than the penalty imposed on
account of delays in paying the remittances) or a judicial pronouncement or arbitration
award or has been expelled from any work or contract or have had any contract terminated
for breach on their part or abandoned any contract work or has been declared bankrupt
during last 3 years are not eligible to submit this RFQ Application.
At the end of the prequalification stage, the list of prequalified bidders (Category-1 &
Category-2) alongwith their authorized signatory’s name, assessed networth and whether
they have positive net cash accruals during any 2 out of last 3 financial years will be
notified by the Authority. ‘The applicants! bidders shall be categorized into two categories,
viz;
Category-1 bidders, who are interested in bidding for more than two toll plazas, who shall
submit a common bid security (BG) of Rs.1.5 Crore as per Clause 2.4 and cost of bid
documents of Bs.5.0 Lakh (DD/ Pay Order) as per Clause 2.3
Category-2 bidders, who are interested in bidding upto two Toll Plazas who shall submit a
common bid security (BG) of Rs.50.0 Lakh as per Clause 2.4 and cost of bid documents of
Rs. 1.0 Lakh (DD/ Pay Order) as per Clause 2.3.
A bidder, prequalified under Category-2, shall be eligible to submit financial bids or ¢-
quotations only upto two Toll Plazas, NAT will host on website of NHAL, the details of
opening of financial bids/e-quotations received, on the same/next day. If a Category-2
bidder is not H-I for the toll plazas for which he has submitted the bids/e-quotations, then
such Category-2 bidder is eligible to participate in further bids or e-quotations maximum
upto two.
Category-2 bidders shall have the option to get themselves upgraded to Category-1 bidders
by depositing the balance cost of bid documents (DD/ Pay Order) and bid security (BG).
Eli
ity of Bidders at Financial Bid/ RFP or E-quotation Stage:
(a) A Bidder shall have the Financial Capacity as under:
() a minimum Net Worth of 20% (10% in case of e-quotation) of the Annual Potential
Collection (APC) of the toll plaza, at the close of the preceding financial year (2013-
14).
ii) positive net cash accruals during any two financial years out of the last three financial
years (2011-12; 2012-13 & 2013-14).
Note : (i) Net Cash Accruals shall mean Profit after ‘fax + Depreciation.
(ii) Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) Less
(Revaluation reserves + miscellaneous expenditure not written off + accrued
liabilities not accounted for)
(b) For avoidance of doubt, the financial year shall for the purposes of a bidder hereunder,
mean the accounting year followed by the bidder in the course of its normal business.
(©) Incase of Partnership firm/Proprietary firm, the net worth of the firm and not of the
individual partners shall be considered. In case of Individuals, the capacity of the
individual for the applicable financial year shall be considered on the basis of
valuation certificate from registered valuer and certification of the same by Chartered
Accountant. In case of Consortium, the Net Worth of each individual entity will be
ae
Ss 23
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(@) In case a Bidder has already been awarded toll plaza(s) for collection of user fee by
NHAL, his net worth: requirement shall be inereased by 10% for each toll plaza
awarded (in case of toll plaza awarded to Consortium, 10% will be multiplied by the
percentage share of the member in the Consortium). For avoidance of doubt (oll plaza
awarded means, toll plaza for which the tolling operation is in process or LOA has
been issued as on Financial Bid Due Date. The works awarded on e-quotation basis or
toll plazas other than those awarded by NHAI shall not be considered for this purpose.
The Toll Plazas of NHAI, running on extensions after expiry of original tenures shall
also not be considered for this purpose.
(©) Further details are given in REP.
Cost of Bidding: The Bidders shall be responsible for all the costs associated with the
pteparation of their Applications/ Financial Bids! e-quotations and their participation in the
Bidding Process (REQ & Financial Bid! REP or e-quotation). The Authority will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.
Non-refundable Fee for participating in the bidding process : The bidder shall submit an
account payee Pay Order or DD issued by a Scheduled Bank for
(i Rs.5,00,000/- (Rupees Five Lakhs only) in case of Category-1 bidders i.e., the bidders
who are interested in more than 2 toll plazas and who submit a common bid security (BG)
for Rs.1.5 Crore; or
(ii) Rs.1,00,000/- (Rupees One Lakh only) in case of Category-2 bidders i.e., the bidders
who ate interested upto 2 toll plazas and who submit a common bid security (BG) for Rs.50
Lakh.
Note : Category-2 bidders have the option to get themselves upgraded to Category-! bidders
by depositing the balance cost of bid documents (DD/ Pay Order) and bid security (BG).
in favour of NHAT payable at New Delhi, towards (i) the cost of the pre-qualification
application (Rs.10,000/-); (ii) the cost of Financial Bid’ RFP @ Rs.10,000/- per Financial
Bid submitted by the bidder during the validity period of prequalification; and (iii) the cost
of e-quotation @ Rs.5,000/- per e-quotation submitted by the bidder during the validity
period of prequalification. The registration and tender processing charges to e-tender service
provider of NHAI shall be paid to the service provider directly online at the time of
ion of Financial Bid/ ¢-quotation. Except in case of non-responsive bidder(s), the
‘Authority shall not charge on the bidders, the cost of Financial Bids! e-quotations (except
registration and tender processing charges) in case the Financial Bids’ e-quotations are
annulled by the Authority. The Authority shall debit the requisite amounts based on the
participation by the bidders in RFQs, Financial Bids/ RFPs and e-quotations. Category-1
bidders shall be responsible to deposit further amount of Rs,5,00,000/- in advance each
time, if Rs.5,00,000/- is getting exhausted during the validity period of prequalification. If
the bidder submits Financial Bid/ e-quotation, without suflicient balance, it shall make their
Financial Bid/ e-quotation non-responsive and liable for forfeiture of 5% of bid security.
The unutilized balance shall be returned by NHAI to the bidder within 30 days of expiry of
validity period of prequalification, without any interest.
‘Common Bid Securit
‘The applicant shall submit a Bank Guarantee in the format prescribed by the Authority at
Appendix IV for
i hat
6
applied to the extent of its share in the Consortium for calculation of combined Net
Worth of the Consortium +
(i) Rs. 1.5 crore (Rupees One Crore Fifty Lakh only) in case of Category-1 bidders i.c., the
bidders who are interested in more than 2 toll plazas; or
(ii) Rs.50,00,000/- (Rupees Fifty Lakh only) in case of Category-2 bidders ie., the bidders
who are interested upto 2 toll plazas.
Note : Category-2 bidders have the option to get themselves upgraded to Category-1 bidders
by depositing the balance cost of bid documents (DD/ Pay Order) and bid security (BG).
valid upto 31.03.2016 as a Common Bid Seeurity. ‘The Bank Guarantee shall be issued by
any Nationalized Indian Bank/State Bank of India or its subsidiaries/IDBI/ ICICI) Export
Import Bank/ Foreign Bank with counter guarantee from any Nationalized Indian Bank or
State Bank of India or its ‘subsidiaries/any RBI approved Scheduled Commercial Bank
having net worth of more than Rs.500 Crore (Rupees Five Hundred Crores) from its Indian
Operations. Any Application not accompanied with the common bid security shall be
summarily rejected by the Authority. The common bid security of the Bidders will be
returned by the Authority, as promptly as possible and in any case within 60 (sixty) days
from the expiry of pre-qualification validity period or when the prequalification process is
cancelled by the Authority.
This is towards the security for the Financial Bid(s) or e-quotation(s) submitted for
individual toll plaza(s) by the pre-qualified bidder(s). ‘The bid security for each Financial
Bid or e-quotation shall be an amount equivalent to 1% of Annual Potential Collection
estimated by NHAI for the toll plaza for which the Financial Bid or e-quotation is
submitted, subject to a minimum of Rs.10,00,000/-. The successful bidder in regular bid as
well as in e-quotation will have to provide toll plaza specific Performance Security
separately and the common bid security will not be adjusted in the Toll Plaza(s) specific
Performance Security.
‘The Bid Security of individual toll plaza(s) shall be forfeited and appropriated by the
Authority as mutually agreed genuine pre-estimated compensation and as damages payable
to the Authority for inter-alia, time, cost and effort of the Authority, without prejudice to
any other right or remedy that may be available to the Authority hereunder, or otherwise,
under the following circumstances:
(a) Ifa Bidder at Financial Bid or e-quotation stage submits a non-tesponsive Financial
Bid or e-quotation, subject to, however, that in the event of encashment of Bid
Security occurring on this account, the damages so claimed by the Authority shall be
restricted to 5% of the value of the Bid Security.
(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in this RFQ.
(©) Ia Bidder withdraws its Financial Bid or e-quotation during the period of Bid
Validity as specified in bid stage and as extended by mutual consent of the
respective Bidder(s) and the Authority;
(If the Bidder does not accept the correction of the bid price quoted in financial bid’
e-quotation.
(©) _ Inthe case of the Selected Bidder, ifit fails within the specified time limit
() to sign and return the duplicate copy of LOA; or
(ii) to furnish the Performance Security within the time prescribed therefore in
the Financial Bid or e-quotation stage.
ta 2.5
2.51
2.5.2
2.5.3
2.6
2.6.1
a
Gi)
The Authority shall be entitled to forfeit and appropriate a portion of the Common Bid
Security as damages interalia in any of the events specified herein above. ‘The Bidder, by
submitting its Financial Bid or e-quotation at bid stage, shall be deemed to acknowledge and
confirm that the Authority will suffer loss and damage on account of withdrawal of its
Financial Bid\ e-quotation or for any other default by the bidder during the period of
validity of Financial Bid or e-quotation. In case of appropriation of bid security, except for
non-responsive Financial Bid or e-quotation, the bidder shall be removed from the list of
prequalified bidders for a period at the sole discretion of the Authority. ‘The bidder shall
replenish the forfeited amount within 14 days so as to continue in the list of PQ bidders,
failing which, he shell be removed from the list. No relaxation of any kind on Bid Security
shall be given to any Bidder.
Preparation and submission of Application:
Language of Application
All correspondence and documentation related to the Application exchanged between the
Bidder and the Authority shall be in English language. The bidder shall be solely
responsible for the accuracy of English Translation of various documents submitted by him
to NHAL.
The application(s) shall be submitted to the Authority in physical form only, not online. All
pages of the application shall be serially numbered along with an index, signed by the
authorized signatory on all pages in blue ink (in case of printed/ published document, only
the cover shall be signed), sealed and bound together in hard cover, All the alterations,
omissions, additions or any other amendments made to the application shall also be signed
by the authorized signatory.
Itis mandatory for all the Bidders to have Class-lI Digital Signature Certificate from any of
the Licensed Certifying Agency in the name of a person (authorized representative as per
POA) who is signing the application. The Bidders can see the list of Licensed Certifying,
Agencies from the link www.cca.gov.in. The sume. person shall be permitted to submit
financial bids or e-quotation, In case the bidder intends to change the authorized
representative through a fresh POA, during the validity period of prequalification, the same
shall be on submission of a new POA to the Authority and getting acknowledgement of the
same from the Authority before submission of financial bid or e-quotation for any
individual Toll Plaza. The financial bid or e-quotation submitted by any other person shall
be declared as non-responsive and 5% of the bid security specified in the Financial Bid or e-
quotation shall be forfeited.
Documents to be submitted along with the Application:
New Applicants:
The Application should be furnished in the format at Appendix-I duly signed by the
authorized signatory. The details of the bidder shall be given as per Annex-I of Appendix-1.
The certificate(s) from the Statutory Auditor (SA) of the bidder for any Chartered
Accountant (CA) Firm in case the bidder is not having a Statutory Auditor] (SA/CA should
be duly enrolled with ICAD specifying the net worth and cash accruals of the Bidders, in the
format provided at Annex II and Annex II (A) or Annex I (B) of the Appendix I as the case
may be.
In case of the individual, valuation certificate of the immovable assets in the name of the
individual duly certified by a registered valuer and certification of the same by the
Chartered Accountant is required, The immovable assets shall be valued at circle rate. In
case circle rates are not available, the rates taken in any registration shall be considered and
hepa! Sx 2
copy of such registration is to be provided. Copy of the Registration Certificate of the valuer
shall also be enclosed. ‘The individual shall also give a declaration that all loans’ and
liabilities have been considered for calculation of the Net Worth.
Note [applicable for (i) & (ii) above} :
W)
(vi)
(vii)
iti)
(ix)
(x)
1) Methodology for calculation of Net Worth should be mentioned in the certificate
issued by Statuary Auditor/ Chartered Accountant, Further, in case of individual, Net
Worth certificate should be submitted as per format prescribed at Annex-IN(A) or Annex
HG), as the case may be.
2) Applicable Circle Rate (Cirele Rate or equivalent used by various state authorities)
should be of the applicable financial year for which Net Worth has been claimed.
3) Cirele Rate adopted by the Valuer along with its date shalll be certified by the Statuary
Auditor/ Chartered Accountant certifying the Net Worth of the Bidder.
4) Self certified copy of Circle Rates, as issued by the local authority, which is applicable
for the area where the asset claimed is situated should be enclosed along-with valuer's
report.
5) In case of individual, a statement duly certified by Statuary Auditor’ Chartered
Accountant is required to be submitted stating that all the immovable assets claimed as part
of Net Worth are owned by the Bidder as on cutoff date of 31" March of the latest financial
year for which audited statements are furnished.
The bidder shall attach copies of the balance sheets and financial statements for preceding 3
(three) years (2011-12; 2012-13 & 2013-14) on the basis of which Cash Accrual and Net
Worth has been calculated. The financial statements shall:
(a) reflect the financial situation of the Bidder;
(b) be audited by Statutory Auditor or CA Firm, as applicable;
(©) be complete, including all notes to the financial statements; and
(@ correspond to accounting periods already completed and audited (no statements
for partial periods shall be requested or accepted),
Certified copy of latest income tax return duly acknowledged by the Income Tax
Department,
Certified copy of the certificate of enrolment of Statutory Auditor/ Chartered Accountant
with ICAL
Certified copy of the registration certificate of the valuer,
“The Statement of Legal Capacity duly signed by the Authorized Signatory in the format
given at Annex-III of Appendix-I, Power of Attorney in the format given at Appendix-IL
duly notarized favouring the authorised representative from all the partners in case of
Partnership firm, Chief Executive/ Secretary/ Director in case of the Company! Society, as
the case may be, showing the authority delegated to the representative to submit the
application for pre-qualification and to submit the financial bids or e-quotations for
individual Toll Plaza and to sign the contract, in case of their selection. In case of
individual/ proprietary firm, the copy of photo I card (voter I card/ driving licence/ passport
Aadhaar Card, ete) shall be submitted duly attested by a Gazetted Officer in support of his,
identity and to verify the signature.
*Power of Attorney duly notarized favouring the authorised representative fiom the lead
member of the Consortium in the format given at Appendix-IIL
Contified copy-afnolveney certificate of thebidder - detolod
A statement in the form provided under Annex IV of Appendix I ‘Statement of toll plazas!
user fee collection works in hand and bids(s) submitted with the Authority. fl (xi)
(ii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
to
"In case the bidder is a partnership firm, attested copies of partnership deed with certificate
of registration.
*In case of a cooperative society, an attested copy of Bye-laws and registration certificate.
*In case of a company, an attested copy of the Certificate of Incorporation and Certificate of
Commencement of Business (if applicable).
Affidavit from the Bidder that the Bidder is not involved in any litigation with the Authority
as per format prescribed at Annex-V of Appendix -I
(a)* In case of partnership firm an affidavit from all the partners, that the Bidder or its
partners are not involved in any litigation with the Authority.
(b)* In case of company, a Board Resolution that that the Bidder or any of its Directors
are not involved in any litigation with the Authority,
(©* Incase of a co-operative society, an affidavit from its Authorised Signatory that the
Bidder or any of its members are not involved in any litigation with the Authority.
(4) * In case of individual/ proprietary firm, affidavit from the individual, that the Bidder
is not involved in any litigation with the Authority.
In any case, if there is any pending dispute between the NHAI and the eligible Bidder,
details of the same shall be provided.
*Documents relating to Consortium as per C1.2.1.1 (lit) above.
Bid security (Ref. Cl. 2.4) in the format prescribed at Appendix-(IV)
Advance for costs of RFQ) REP/ e-quotation (Ref, C1. 2.3).
* Not required to be submitted, if not applicable.
2.6.2 Existing Prequalified Bidders:
‘The existing pre-qualified bidders, prequalified up to 30.09.2014 will be allowed an overlapping
period up to 30.11.2014 for submission of:
(®) Willingness to continue as a prequalified bidder for User Fee Collection Work at Toll Plazas
under NHAI,
(ii)The Financial Statements as on 31 March.2014 (for FY 2013-14) and other supporting
documents as under:
(a) The certificate(s) from the Statutory Auditor (SA) of the bidder for any Chartered Accountant
(CA) Firm in case the bidder is not having a Statutory Auditor] (SA/CA should be duly enrolled
with ICAL) specifying the net worth and cash accruals of the Bidders, in the format provided at Annex
Mand Annex II (A) or Annex {1 (B) of the Appendix I as the case may be.
(b) In case of the individual, valuation certificate of the immovable assets in the name of the
individual duly certified by a registered valuer and certification of the same by the
Chartered Accountant is required. The immovable assets shall be valued at circle rate, In
‘case circle rates are not available, the rates taken in any registration shall be considered and
copy of such registration is to be provided. Copy of the Registration Certificate of the valuer
shall also be enclosed. The individual shall also give a declaration that all loans and
liabilities have been considered for calculation of the Net Worth.
Note [applicable for (i) & (ii) above}
LD) Methodology for calculation of Net Worth should be mentioned in the certificate issued by
Statuary Auditor/ Chartered Accountant, Further, in case of individual, Net Worth certificate
should be submitted as per format prescribed at Annex-II (A) or Annex-II (B), as the case may be.
2) Applicable Circle Rate (Circle Rate or equivalent used by various state authorities) should
be of the applicable financial year for which Net Worth has been claimed.
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3) Circle Rate adopted by the Valuer along with its date shall be certified by the Statuary Auditor/
Chartered Accountant certifying the Net Worth of the Bidder.
# Self certified copy of Circle Rates, as issued by the local authority, which ts applicable for the
area where the asset claimed ts situated should be enclosed along-with yaluer’s report.
5) In case of individual, a statement duly certified by Statuary Auditor! Chartered Accountant is
required to be submitted stating that all the immovable assets claimed as part of Net Worth are
‘owned by the Bidder as on cutoff date of 31% March of the latest financial year for which audited
statements are furnished.
(©) The bidder shall attach copies of the balance sheets and financial for preceding 3 (three)
years (2011-12; 2012-13 & 2013-14) on the basis of which Cash Accrual and Net Worth has
been calculated. The financial statements shall:
(1) reflect the financial situation of the Bidder;
(2) beaudited by Statutory Auditor or CA Firm, as applicable;
(3) be complete, including all notes to the financial statements; and
(4) correspond to accounting periods already completed and audited (no statements
for partial periods shall be requested or accepted).
(d) Certified copy. of latest income tax return duly acknowledged by the Income Tax
Department,
(e) Certified copy of the certificate of enrolment of Statutory Auditor/ Chartered Accountant
with ICAL
(f) Certified copy of the registration certificate of the valuer.
i) The extension of validity of their Common Bid Security Bank Guarantee submitted along with
RFQ dated 21.10.2013, i.c. up to 31.03.2016. The existing pre-qualified bidders whose Common
Bid Security Bank Guarantee does not include Para-14 as per format of Bank Guarantee at
‘Appendix IV, needs to submit the extension of the Bank Guarantee duly incorporating the Para-14.
‘The balance amount of document fee submitted along with their RFQ dated 21.10.2013 will also be
carried forward.
27
@
Gi)
28
@
(i)
Clarifications during Application Evaluation
‘To facilitate evaluation of applications, the Authority may, at its sole discretion, seek
clarifications from any Bidder regarding its application, Such clarification(s) shall be
provided within the time specified by the Authority for this purpose. Any request for
clarification(s) and all clarification(s) shall be in writing.
If any applicant does not provide clarifications sought under Sub-Clause (i) above within
the prescribed time, its application shall be liable to be rejected. ‘The decision of the
Authority shall be final and binding,
Verification and Disqualification:
The Authority reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the RFQ and the Bidder shall, when so required by
the Authority, make available all such information, evidence and documents as may be
necessary for such verification. Any such verification or lack of such verification, by the
Authority shall not relieve the Bidder of its obligation or liabilities hereunder nor will it
affect any rights of the Authority.
‘The Authority reserves the right to remove the bidder from the list of prequalified bidders,
reject any Financial Bid or e-quotation and appropriate the Bid Security if:
“ee Gi)
(iv)
29
3.1
ta
(a) atany time, a material misrepresentation is made or uncovered, o
(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Application
Financial Bid.
Such misrepresentation/ improper response shall lead to disqualification of the Bidder. If
the Bidder is a consortium, then the entire consortium and each Member may. be
disqualified/ rejected. If such disqualification’ rejection ocours after the Financial Bids! e-
quotations have been opened and the Highest Bidder gets disqualified/ rejected, then the
Authority reserves the right to:
{@) invite the remaining Bidders to submit their Financial Bids/ e-quotations; or
(6) take any such measure as may be deemed fit in the sole discretion of the Authority,
including annulment of the Bidding Process.
In case it is found during the evaluation or at any time during the period of pre-
qualification , that one or more of the qualification conditions have not been met by the
Bidder or the Bidder has made material misrepresentation or has given any materially
incorrect or false information, the Bidder shall be disqualified and removed from the list of
prequalified bidders forthwith. If the Bidder has already been issued. the LOA(s). or
has entered into the contract(s) for any toll plazas, as the case may be, the same shall,
notwithstanding anything to the contrary contained therein or in this RFP, be liable to be
terminated, by a communication in writing by the Authority to the Bidder, without the
Authority being liable in any manner whatsoever to the Bidder. In such event, the Authority,
shall be entitled to forfeit and appropriate the Bid Security or Performance Security of the
toll plaza, as the ease 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 Contract
Agreement, or otherwise, including debarment for a period as deemed fit and proper by
HAI, including debarment for a period as deemed fit and proper by NHAT.
Right of the Authority on the bidding process:
Notwithstanding anything contained in this REQ, the Authority reserves the right to annul
or to keep in abeyance the process/ the list of pre-qualified bidders or to remove/ add any
bidder from the list of pre-qualified bidders at any stage or to reject any/ all application(s)
at any time, without any liability or obligation and without assigning any reasons thereof,
FRAUD AND CORRUPT PRACTICES
‘The Bidders and their respective officers, employees, agents 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 Contract Agreement. Notwithstanding
anything to the contrary contained herein, or in the LOA or the Contract Agreement, the
Authority may reject @ Financial Bid, withdraw the LOA, or terminate the Contract
Agreement, as the case may be, without being liable in any manner whatsoever to the
Bidder or Contractor, as the case may be, if it determines that the Bidder or
Contractor, as the case may be, has, 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 Contractor
Agreement, or otherwise
cca 32
33
4,
4
1S
Without prejudice (o 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 Contract
Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by the
Authority to have direcily 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 Contract Agreement, such Bidder or Contractor shall not be eligible
to participate in any tender or REP 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 ot
restrictive practices, as the case may be.
For the purposes of this Clause, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with
the Bidding Process (for avoidance of doubt, offering of employment to or
employing or engaging in any manner whatsoever, directly or indirectly, any
official of the Authority who is or has been associated in any manner, directly
or indirectly, with the Bidding Process or the LOA or has dealt with matters
conceming the Contract Agreement or arising therefrom, before or after the
execution thereof, at any time prior to the expiry of one year from the date such
official resigns or retires from or otherwise ceases to be in the service of the
Authority, shall be deemed to constitute influencing the actions of a person
connected with the Bidding Process); or (ii) save and except as permitted under
this RFP, engaging in any manner whatsoever, whether during the Bidding
Process or after the issue of the LOA or after the execution of the Contract
Agreement, as the case may be, any person in respect of any matter relating
to the Project or the LOA or the Contract Agreement, who at any time has
been or is a legal, financial or technical adviser of the Authority in relation to
any matier concerning 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;
(©) “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;
(@) “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 @ 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.
MISCELLANEOUS
The Bidding Process shall be governed by, and construed in accordance with, the laws
of India and the Courts at New Delhi shall have exclusive jurisdiction over all disputes
ising under, pursuant to and/ or in connection with the Bidding Process.
lie 42
43
5.
iy
‘The Authority, in its sole discretion and without incurring any 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;
(©) retain any information and/or evidence submitted to the Authority by, on behalf of,
and/or in relation to any Bidder; and/or
(@) 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.
It shall be deemed that by submitting the Application, the Bidder agrees and
releases the Authority, its employees, agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and! or
performance of any obligations hereunder, pursuant hereto and/ or in connection with
the Bidding Process and waives, to the fullest extent permitted by applicable laws, any
and all rights and/or claims it may have in this respect, whether actual or contingent,
whether present or in, future,
Integrity Pact :
Applicants shall comply with the provisions of Office Memorandum No.13030/09/2008-
Vig dated 28.01.2013 issued by NHAI (copy enclosed at Appendix-V),
ae 16
Appendix: I
Letter Comprising the Application
From =
Full Name
(ame of Regs Parinorship Firm Cooperative Sosy / Ltd. Company/ Propristery Fit! Indvidus,whichew
Address :
e-mail :
Phone No.
To
‘The Chairman,
National Highways Authority of India,
New Delhi
Sub.: Application for Prequalification for selection as the Contractor for the works of User
Fee Collection at the Toll Plazas under NHAL.
Dear Sir,
With reference to your RFQ document dated *****, we, having examined the RFQ
document and understood its contents, hereby submit my/our Application for getting
prequalified for the work cited in the subject. The Application is unconditional and unqualified.
1. All information provided in the Application and in Annexes I to V_are true and correct
and all documents accompanying such Application are true copies of their respective
originals,
2. This statement is made for the express purpose of getting prequalified for the works cited
in the subject.
3.) We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the eligibility conditions laid down in
RFQ.
4. WV We acknowledge the right of the Authority to reject our Application without
assigning any reason or otherwise and hereby waive our right to challenge the same on
any account whatsoever,
5. I We certify that in the last three years, Uwe/any of the partner(s)/member(s)/director(s)
have neither failed to perform on any contract, as evidenced by imposition of a penalty or a
judicial pronouncement or arbitral award, nor been expelled from any work or contract
nor have had any contract terminated for breach on our part.
6. I We declare that:
a) V) We have examined and have no reservations to the RFQ document, including
any Addendum issued by the Authority.
b) —-WWe have not directly or indirectly or through an agent engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, in respect of any tender or RFQ/ RFP
issued by or any agreement entered into with the Authority or any other
sector enterprise or any government, Central or State; and |
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10.
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12.
13.
14,
15.
16.
7.
18,
i=
V/ We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any Application that you may receive nor to invite the Bidders to
Bid for the Work{s}, without incurring any liability to the Bidders, in accordance with
any of the Clause of the RFQ document.
V/ We believe that I/we satisfy all the requirements as specified in the RFQ document and
am/ are qualified to submit this Application.
1/ We certify that in regard to the matters other than security and integrity of the
country, We have not been convicted by a Court of Law or indicted or adverse orders
passed by a regulatory authority which could cast a doubt on our ability to undertake the
work or which relates to a grave offence that outrages the moral sense of the community.
V/ We further certify that in regard to the matters relating to security and integrity of the
country, we have not been charge-sheeted by any agency of the Government or convicted
by a Court of Law for any offence committed by me or by any of my/our Associates /
partner(s)imember(s)/director(s).
WV We further certify that no investigation by a regulatory authority is pending either
against me/us or against my/our Associates / partners.
V/ We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification in terms of the
provisions of RFQ, we shall intimate the Authority of the same immediately.
I We, hereby irrevocably waive any right which we may have at any stage at law or
howsoever otherwise arising to challenge or question any decision taken by the Authority in
connection with the prequalification/ selection of the Bidder or in connection with the
prequalification/ selection’ Bidding Process itself, in respect of the above mentioned
Work{s] and the terms and implementation thereof.
I/ We agree and undertake to abide by all the terms and conditions of the RFQ
document.
V/ We certify that in terms of the RFQ, my/our Net worth is Rs. [+] (Rupees [+] only).
1/ We herewith enclose Pay Order/ Demand Draft for an amount of Rs. 5,00,000/- (Rupees
Five lakhs only) or Rs. 1,00,000/- (Rupees One lakh only) payable at New Delhi towards
cost of RFQ/ Financial Bid/ e-quotation/ as per Clause 2.3 of the RFQ
1/ We herewith enclose a Bank Guarantee in the format given at Appendix-IV for Rs.1.5
Crore or Rs.50.0 Lakh towards bid security as per Clause 2.4 of the RFQ.
TJ We hereby submit all the documents as per Clause 2.6 and hereby state that the
documents and information contained in the said documents are true,
In witness thereof, I/We submit this Application under and in accordance with the terms of the RFQ
document.
Yours faithfully,
Date:
Place:
(Signature of the Authorised Signatory)
Name and designation of the Authorised Signatory
Name and seal of the Bidder tay 2! se
Appendix- I
Annex-I
Details of the Bidder
[Ref. Clause 2.6.1()]
(a) Name:
() Address of the corporate headquarters and its branch office(s), if any, in India
(©) Date of incorporation and/ or commencement of business
Brief description of the Partnership Firm/Society/ Company! Proprietary Firm!
individual including details of its main. fines of business and proposed role and
responsibilities in [this/ these Work(s)}:
Details. of individual(s) who will serve as the point of contact/ communication for the
Authority:
(@) Name:
(b) Designation:
(©) Company/Partnership Firm/Society:
(Address:
(©) Telephone Number:
(f) E-Mail Address:
(e) Fax Number:
Particulars of the Authorised Signatory of the Bidder:
(a) Name:
(6) Designation:
(© Address:
(@) Phone Number:
(©) Fax Number: '9
Appendix: 1
Annex-IT
| Finaneial Capacity of the Bidder
[Ref. Clause 2.6.1(i) &(ii)/2.6.2(49)(a) &(b)]
Bidder Net Cash Accruals NET WORTH
Type
year | 2% 3" Year | (Year)
Year
(in Rs. Crore)
. L | 7
* Whether a Company, Partnership firm, a co-operative society,
Proprietary Firm/ Individual. ‘Annescll(A): For Bidders other than individuals
(Tobe on the Letter Head of the Statutory Auditor / Chartered Accountant
Statutory Auditor's ($A) / Chartered Accountant’ (CA) Certificate
‘Based on the audited financial statement of
that its Net Worth as on that date, a5 per Clause 2.1.2(€) and 2.6.1/2.62 (IN), i Rs.
which has been calculated as per fotlowing methodology:
(Wame of the Bidder) as on march 33" 20%, we confi
Crore (Rupees in words),
Particulars Rs. {in Crore)
‘Subscribed and Paid-up Equity / Capital ce os x0
‘Addi Reserves WK
Less: Revaluation Reserves = 300K
‘Less: Miscellaneous expenciture not written off 100 Ss
‘Less: Accrued Nabiltles nt accounted for WK
WetWerth
30
for: (Wame of the firm of SA/CA)
Chartered Accountants
fis
Registration Number:
(Signature, Name, Designation and
Membership Number of SA/ CA)
Date:
Place:
20 2)
‘Anaes.llf): For individuals
5 Head ofthe Chartered Accountant)
‘Chartered Accountant's (CA) Certificate
Based on the information and other authenticated documents? provided by (Wame of the Biden, we
confirm that his / her Net Worth as on March 31” 20%X, as per 2.1.2{¢) and 2.6.(0/2.6.2 (iNa), Is RS. Crore
(@upees in words}, which has been calculated as pe following methodology
Particulars re Rs. in Crore)
(A)_Assets valved at 32° March 200 nee
immovable property as per cirle rate 3000
(As per valuer's certificate enclosed)
Capital in proprietary firm ae OK |
(as per Balance Sheet enclosed)
Capital in Partnership firm ox
(2 per Balance Sheet and Schedule containing the breakup of partners capital enclosed)
investment in Proprietary / Partnership firm in any other form other than eaphal 0K
(asper Balance Sheet and Schedule reflecting the same)
[ive anquoted dares of company valued a Book Value of aes spor Aiea a
[ ialane Sheet endosed) z
investent in quoted shares of 9 company 35 pe tok acong ats 35 on 33 TRKTOS wi
per statement as on 31.03. 20Xx issued by Stock Broker of the Bidder}
ash
Bank (supported by the Sef Certified Bank Sta
Tewellery as par MOx Rate a5 00 31.08.20 Om
(as per valuer’s certificate enclosed)
Other Assets (to the specified categorically and should be supported by the Self Certified
documents)
Tota assets (A) 200
18) Loans & Liabilities as on 31” march 2030,
Toans and Labiities 70H
(ther Liabilities (tobe specified categorically) Wo
~ mee - 000 —
‘Net Worth (AB) 300
‘We further certified that ail loans and liabilities pertain to the Bidder as on 31.03.20XX have been considered in the above
caleuation.
Far, {Name ofthe firm of CA)
Chartered Accountants
Fir Registration Number:
(Signature, Name, Designation and
‘Membership Number of CA)
Date:
Place: Statement of Legal Capacity
(Not applicable in case of individual)
[Ret. Clause 2.6.1(vii)]
Ref. Date:
To,
Chairman,
National Highways Authority of India,
New Delhi
Dear Sir,
V/ We hereby confirm that I/we satisfy the terms and conditions laid down in the RFQ
document.
We have agreed that .. .. (Insert individual's name) wall act as our representative and
has been duly authorized to submit the RFQ. Further, the Authorised Signatory is vested with
requisite powers to furnish such letter and authenticate the same.
Thanking you,
‘Yours faithfully,
Authorised Signatory [Ref. Clause 2,6.1()]
Statement of User Fee collection wark-in hand of the Authority
Name of section/ | Name of Plaza ‘State Date of award
‘Statement of User Fee collection work ~ bid(s) submitted with the Authority
Ss ‘Name of section/ | Name of Plaza “Status of
No. chainage award
ee The Applicant should provide information on any history of litigation or arbitr
from the contracts executed in the last five years or currently under execution.
Affidavit on Litigation/Arbitration History
(on Non-judicial Stamp Paper of value Rs.100/-)
[Ref. Clause 2.6.1(xiv)]
oo
Name of Bidder:
ion resulting
Year ‘Award for _ or | Name of Client, | Disputed ‘Actual Awarded
against Applicants. | Cause of | Amount Amount in
Litigation and | (Current Value } Indian Rs
Matter in | in Indian Rs.)
Dispute
INFORMATION REGARDING CURRENT LITIGATION, DEBARRING/EXPELLING OF
‘TENDERER OR ABANDONMENT OF WORK BY TENDERER
1. (@) Has the Applicant or its constituent partners history of litigation awarded against him?
No
(b)_If_yes, give details
2. (a) Has the Applicant or any of its Constituent Partners or Directors been debarred /expelled by
NHAL, during the last $ years as on the date of application, on the basis of their performance
in user fee collection ot any other assignment or for any other reason including fraudulent
and corrupt practices, ete.?
Yes No
(b) If yes, give details including period of debarment : 28
3. (a) Has the Applicant or any of its Constituent Partners or Directors failed to perform on any
contract, during the last 5 years as on the date of application, as evidenced by imposition of
a penalty or a judicial pronouncement or arbitration award or has been expelled from any
work or contract or have hiad any contract terminated for breach on their part or abandoned
any contract work or has been declared bankrupt?
—[ No,
(b) If yes, give details
[Yes
Note: If any information in this schedule is found to be incorrect or concealed, prequalification.
application will be summarily rejected. 26
APPENDIX- IL
Power of Attorney for signing of Application
Know all men by these presents, We. su -(name of the
firm/company/society and address of the registered office) do hereby irrevocably constitute,
nominate, appoint and authorise Mr, Ms (name), . son/daughter/wife
Of sons and presently residing at,. who is presently
employed with us and holding the position off ..sscssce aS OUF true and lawful attomey
(hereinafter referred to as the “Attomey”) to do in our name and on our behalf, all such acts,
deeds and things as are necessary or required in connection with or incidental to submission
of our Application for prequalification and submission of our bid e-quotation for the work of
User Fee Collection at Toll Plazas of the “Authority” including but not limited to signing and
submission of all applications, bids and other documents and writings, participate in conferences!
meetings and providing information! responses to the Authority, representing usin
all matters before the Authority, signing and execution of all contracts and undertakings
consequent to our prequalification and acceptance of our bid[s], and generally dealing with the
Authority in all matters in connection with or relating to or arising out of our application! bid
for the said Work[s} and/ or upon award thereof to us and/or till the entering into of the contract
with the Authority,
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attomey pursuant to and in exereise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attomey in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us.
In witness whereof we,
power of attorney on this .
. the above named principal have executed this
For
ignature, Name, Designation and
Address)
Witnesses:
(Signature, Name, Title and Address of the Attorney)
(Notarised)
Person identified by me/ personally appeared before melsigned before me/ Attested/ Authenticated*
(Notary to specify as applicable)
(Signature, Name and Address of the Notary)
Seal of the Notary
Registration Number of the Notary
Date:
Notes: 24
The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.
Also, wherever required, the BIDDER should submit for verification the extract of the
charter documents and documents such as a board or shareholders resolution/
power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the BIDDER. 28
APPENDIX IIL
Power of Attorney for Lead Member of Consortium
Whereas the National Highways Authority of India (“the Authority”) has invited applications from
interested parties for getting prequalified for selection as the contractors for the work of user fee
collection at the toll plazas of the Authority (the “work”)
Whereas... oe er oe
“Consortium”) being members of the Consortium are interested in bidding for the work in
accordance with the terms and conditions of the Request for Qualification document (RFQ),
Request for Proposal (REP) and other connected documents in respect of the work, ad
(collectively the
Whereas it is necessary for the Members of the Consortium to designate one of them as the Lead
Member with all necessary power and authority to do for and on behalf of the Consortium, all acts,
deeds and things as may be necessary in connection with the Consortium’s bids! e-quotations for
the works and its execution
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, Mis. -haying our registered office at Mis.
having our registered office at and MIs.
having our registered office at... _{hereinafer
collectively referred to as the “Principals") do hereby irrevocably designate, constitute, nominate,
appoint and authorise M/s. having its registered office at
: . being one of the “Members of the Consortium, as the Lead Member
and true and lavful attomey of the Consortium (hereinafter referred to as the “Attorney”)
IN WITNESS WHEREOF WE, THE ABOVE NAMED PRINCIPALS HAVE EXECUTED THIS
POWER OF ATTORNEY ON THIS .. DAY OF .....025.04-2014
FOr cesses pasahietet
(Signature, name, designation and address)
n/Company)/ Partner in case of Partnership Firm
of person authorised by Board Resolution (in case of |
(Sighature, name, designation and address)
‘of person authorised by Board Resolution (in case of Fim/Company)! Partner in ease of Partnership Firm
For...
(Signature, name, designation and address)
of person authorised by Board Resolution (in ease of Firm/Company)/ Partner in ease of Partnership Firm
E
(To be executed by all the Members of the Consortium)
ecutants
Witnesses:
1
2. aa
(Notarised)
Person identified by me! personally appeared before me’ signed before me/ Attested/ Authenticated*
(Notary to specify as applicable)
(Signature, Name and Address of the Notary)
Seal of the Notary
Registration Number of the Notary
Date:
Notes:
1. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable lav and the charter documents of the
executant (s) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.
2 Also, wherever required, the BIDDER should submit for verification the extract of the
charter documents and documents such as a board or shareholders resolution!
power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the BIDDER. Format of Bank Guarantee for Common Bid Security
BANK GUARANTEE FOR COMMON BID SECURITY
(Ref. Clause-2.4 of RFQ)
BG No... Dated ssc
In consideration of “National Highways Authority of India (NHAI)” (hereinafter referred to as the
“Authority”, which expression shall unless it be repugnant to the subject or context thereof include
its successors and assigns) having agreed to receive the application of Shri/ M/s
: ea and having its registered office at ......ss+s0: (acting on
boohall of its consortiuim) (hereinafter referred to as the “Bidder” which expression shall unless it be
repugnant to the subject or context thereof, include its/ their successors, administrators, executors
and assigns), for getting prequalified for selection as the Contractor for the works of User Fee
Collection at the Toll Plazas under the Authority (hereinafter called the “Works”) pursuant to
RFQ document dated of the Authority, and the bidder having agreed to furnish a Bank
Guarantee to the Authority as “Common Bid Security” for the purpose indicated in the said RFQ,
we, (Name of the Bank) having our registered office at . and one
Of its brantches at «......ceseeressseenens a body registered/constituted under the ......ssseereeee
(hereinafier referred to as the Bank), which expression shall, unless it be repugnant to the subject
or context thereof, include its successors, administrators, executors and assigns at the request of the
bidder, do hereby in terms of RFQ document, irrevocably, unconditionally and without reservation
guarantee the due and faithful fulfillment and compliance of the terms and conditions of the REQ
document by the said bidder and unconditionally and irrevocably undertake to pay forthwith to the
‘Authority an amount of Rs... (RUpECS ......sse+-+ only) (hereinafter referred to as the
“Guarantee”) as aforesaid at any time up to «. as our primary obligation without any
demur, reservation, recourse, contest or protest and without reference to the Bidder if the Bidder
shall fail to fulfil or comply with all or any of the terms and conditions contained in the said
RFQ Document
‘Any such written demand made by the Authority stating that the Bidder is in default
of the due and faithful fulfilment and compliance with the terms and conditions contained in
the RFQ/Bidding Documents shall be final, conclusive and binding on the Bank.
We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether
the claim of the Authority is disputed by the Bidder or not, merely on the first demand
from the Authority stating that the amount claimed is due to the Authority by reason
of failure of the Bidder to fulfil and comply with the terms and conditions contained
in the RFQ/ Bidding Documents including failure of the said Bidder to keep its Bid open
during the Bid validity period as setforth in the said RFQ/ Bidding Documents for
any reason whatsoever. Any such demand made on the Bank shall be conclusive as
regards amount due and payable by the Bank under this Guarantee, However, our
liability under this Guarantee shall be restricted to an amount not execeding Rs.
Crores (Rupees ++» Only)
4. This Guarantee shall be irrevocable and remain in full force upto 31.03.2016 inclusive
of a claim period of 60 (sixty) days or for such extended period as may be mutually 10.
12.
Bl
agreed between the Authority and the Bidder, and agreed to by the Bank, and shall
continue to be enforceable till all amounts under this Guarantee have been paid.
We, the Bank, further agree that the Authority shall be the sole judge to decide as to
whether the Bidder is in default of duc and faithful fultiiment and compliance with the
terms and conditions contained in the RFQ/ Bidding Documents including, infer alia, the
failure of the Bidder to keep its Bid open during the Bid validity period set forth in the
said Bidding Documents, and the decision of the Authority that the Bidder is in default
as aforesaid shall be final and binding on us, notwithstanding any differences between the
Authority and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator or
any other Authority,
‘The Guarantee shall not be affected by any change in the constitution or winding up
of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder
or the Bank with any other person.
In order to give full effect to this Guarantee, the Authority shall be entitled to treat the
Bank as the principal debtor. The Authority shall have the fullest liberty without affecting in
any way the liability of the Bank under this Guarantee from time to time to, vary any
of the terms and conditions contained in the said RFQBidding Documents or to extend
time for submission of the Bids or the Bid validity period or the petiod for conveying
acceptance of Letter of Award by the Bidder or the period for fulfilment and compliance
with all or any of the terms and conditions contained in the said RMQ! Bidding
Documents by the said Bidder or to postpone for any time and from time to time any of
the powers exercisable by it against the said Bidder and either to enforee or forbear from
enforcing any of the terms and conditions contained in the said RFQ/ Bidding Documents
or the secutities available to the Authority, and the Bank shall not be released from its
liability under these presents by. any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to the said Bidder or
any other forbearance, act or omission on the part of the Authority or any indulgence by
the Authority to the said Bidder or by any change in the constitution of the Authority or its
absorption, merger or amalgamation with any other person or any other matter or thing
whatsoever which under the law relating to sureties would but for this provision have the
cffect of releasing the Bank from its such liability.
Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or
made if addressed to the Bank and sent by couri fered mail to the Bank at
the address set forth herein.
We undertake to make the payment on receipt of your notice of claim on us addressed
to name of Bank along with branch address and delivered at our above branch which
shall be deemed to have been duly authorised to receive the said notice of claim
It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank. notwithstanding any other security which the Authority may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealised
We, the Bank, further undertake not to revoke this Guarantee during its eurreney except
With the previous express consent of the Authority in writing,
‘The Bank declares that it has power to issue this Guarantee and discharge the obligations 32
yt contemplated herein, the undersigned is duly authorised and has full power to execute
this Guarantee for and on behalf of the Bank.
13, For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restrieted to
Rs, «...-.« Crores (Rupees Only). The Bank shall be liable to pay the. said
amount-or any part thereof only if the Authority serves a written claim on the Bank
in accordance with paragraph 9 hereof, on or before 31.03.2016.
14, This guarantee shall also be operatable at our __ Branch at New Delhi, from whom,
confirmation regarding the issue of this guarantee or extension/renewal thereof shall be
made available on demand, In the contingency of this guarantee being invoked and payment
thereunder claimed, the said branch shall accept such invocation letter and make payment of
amounts so demanded under the said invocation.
Signed and Delivered by... seaistense Bank
By the hand of Mr/Ms. its and authorised
official
(Signature of the Authorised Signatory)
(Name & Designation with Bank’s Official Seal)
NOTE:
() The bank guarantee(s) shall contain the name, designation and code number of the
officer(s) signing the guarantee(s)
(ii) The address, telephone no. and other details of the Head Office of the Bank as well as of
issuing branch should be mentioned on the covering letter of issuing Branch.
Giii) ‘The bank guarantee shall be signed by the officials as per the norms prescribed by the
RBI in this regard.
\
A 3B
Appenc'x SE
FRAT RE TST WTAE anime srvizmreaenoreen
National Highways Authority of India
Misty of Road Wasp an igh)
#6 6, Vrcr-t0, ere, +1 Rea H0075 :
65 86, Sector 10, Dwar, New Osh 40075 i
i
Ne l0s@ 9% sated : 28" January, 2013,
Office Memorandum
Sub: Adoption of tntegrity Pact P) for NVA Rrojects:2ue,
Jin suppression of OM No, NRAUCMCAPAEMI201 | 12 doted 13.08.2012 and
OM of NHAVCMCIP/IEMI2O1I-2 dated 14.08.2012, it his been decided ta
imgscacrs Ly saic5p oF Bweysity Pact ie istaai piojeok, The Tnlegdty Pact i?)
‘envisages an agroement between the prospective biddat 0 fe buyers eommilting (he
porsonsfofficials of both the parties, not tu exereive any compt influence on any aspect
‘of the contract, The JP alsa envisages canpariehment of independent Biternal Monitors
(UM). The EM may teview independently and objectively whethes and fo what extent
paves hove conuptied with their obligations wader the pac.
2. NITAL is gaing.to appoint SBM shorty for imple setet20a.of the IP in NHAL :
MoRTaH vide fis letter no, C-4I019/9/2009-Vig. dated 18.11.7011 has approved
pplicabtity of adoption of J? in NIJAL works as mentioned below:
Civil Works abows Rs.100.00 crore
“ Services such as conseliancy, engineering ele. above Rs.5.00 crore = *
4. this connection, all he officers of NAL are hereby requested to mplement > :
‘and follow the concept of IP and adopt the same in all fulurc piojects of NHAL as '
seivpslossly in works included in pave.2 above as. por Model Agreements
') for each eatcgory. This ModetAgecersent would be provided
‘at NII? Pro-bid flecimical ind stage, wiichever applicable, wins
inshuction to submit the sine after signing it. Contractor concessionaire / consultant
equired ta subir this duly signed agreement (signed
iy the samo signatory competeniauthorzed (0 sign the relevant contact agreement)
slong with theit Technical Bid’Tender Documents The representative authorized to
sign contact agreement, on behalf of NITAB, would sia te same while signing the
cconiract so that this may be made a part of the eonttact document and binding for both
the patties signing: the contract,
fo he bidders
Pbidder wo sie ve
(copy enclose:
,
4. ~ Seis clarified that IP should cover all phases ofthe contact. fiom the stage
Trends (QUT) f peshid stige Hl tbe conclusion of the contact, i
cn of warianly / gustante / defect lability / concession
‘The (EM would be, invariably, cited i the WIT. Punter,
ogress and under finalization would need © be
of Note faviting
the finat payunent oF dhe db
petied, whichever applicable
Jnformation eclating to tender in
shhazed with IEM on monthly basis.
wh suntd i : $.CVO, NHAT
ae
2
fty Pact, NHAL hss to sexd progress/stas inthe
5, AReer implementetion of Iai
annual repet #8
implementation of IP enpbling CVC to include the sane in thei
prescribed in the CVC circular vo, 10/5/09 dated 1805.2009 ond subsequent crculae
Fo. 308/10 dated 1,08 2010 (copies enclosed) Further internal assessment of he
iinpact of IP shall be earied out perlodcally by the CVO and reperied to the eve
thyough their report or special separ, wherever necessary. In view ofthis, sas af
implementation of IP would be reported bya divisions to CVO on monthly basis,
6 AML the Divisions engaged in-purchasprocurcraent shall ensue set
compliance of this.
“This issues withthe appcoval of Chairman, MEAT.
Enel: (1) Model Agreement for category (I) works
(2) Model Agreement for category (hi) works
) CVG's Ciseutar ino, 10! N.09
ce ea() EVE'S Ciroular n0.31/08/10 d.13.08.10 ol ye
(BNSakey)
General Manager (CHIC)
To
1. All PIUYEMUs
2. AL ROS
3, AIL CGNs at HQ
4, All GMs at HQ
Copy for inforrnatjon to:
1. P8.to Chairnian=
2.” ANLPS to Members
= 3S
Dealt integrity Pa
cl Forma applieah
having enue
{Vo be oxeculed Gn pain por and submitted atom Tacha Bid/Tende docunonls
‘ov lenders having a value betweon Fs, § Cr and 109 Ct, To bo signed ly the bidet an!
Samo signstonycompetenVautheized fo sic tha retovanl contract on yeh ate WHA
(bison)
TenderNo
This tniagiy Paetis made a cvontis.. day of 2011
Between
National Highvisys Authority of ladia (NHAN. a Stotulaty body constituted unser the Hagional
Highways Aultosily of Inca. el, 1882, olhers, any infration or
document provided by the Principal as pant of the business relaionstip, regarding
plans; technical proposals ad business deta, including information conteined o
- transmitted electronical
(6) The Bidder(s/ Coatractor(s)! Concessionaire(syConsutan(s} ign rigin sal
disclose the tiame and address of the Agedts! tepresentaives in tnt, i any,
‘Sinilarly the Bidder(s}! Conlractor(sy Concessioncre(sfonsuitont(s) of tnsian
Nalionolity shall fresh the name and addres ofthe foreign principle, any.
(6) The Baldov(s\f Conltactor(3/ Concessionaire(sConsxilan(s) wil, when presenting
his bid, disease any and all payments he has made, is commited lo orinlends fo
make lo agents, brokers or any ollie intermediaries in cormection wih the avd of
paymenis,
(9) The Bidaostsy
poisons lo conn aflencrs aullined 3
(y) The Giadersyh Contax wicessid
ouisicle infkvences Uw
biding process in tatters
actr{s)! Concessianave(syConsiitans) ill not insigale Wid
Jove or be an accessoyy to such alences,
e(syCoasutanks} wal ROL beg any
Soul, baitiesiquarers aivecly or indvecty an the
7
vg any
of bls
the contract. He shall also distlose the dotalls of sowices agreed ypon for such =
36 Article} Oisquatifivation am tender process ane exclusion [roin Jelure ceniearts
; (8) the Bidter(sy Contracor(s): Concessionaie(syConsutiants), before avira
i during execution fas commited a Wansgression thvough a viltion of 3#Y
provision of Asticle-2, above 0c ‘n-any olher form such as to put tis rebabily
Credibiity in question, the Principat is enlilled to dsqualiy the idces
Cuntracior(s\Concessionaira(s)Consuitants) for the tender process
2) Mf the BidderiConactadConcessionaizerconsuitanl has convatied "2
lwansgression tough a violalion of Atle? such 2 fo pul his cllabily
sedibiliy ine question, the Prinaipal shot be enileo to excude weucing
blacklist and pul on holiday the BidderfConlractoriConcessionaite/Consulan
= any fuluee lendersioontract award process. The imposition end duration of the
‘exclusion willbe determined by the severly ofthe ansgression. The severly wit
bbe determined Uy She Prinsipal aking, slo consideration the ful facts and
circumstances of each caso. particularly taking ‘inl, aczourt the number of
transgressions, the postion al the kansgressors win the company Wecarchy of
O the UiidertGontialodConcessionarefConsulant ane! the ammount ofthe damage
The exclusion vl be imposed fr a minimum oft year.
rea8ion fs consitencce > Teme ogeuved iC tne Piney
tconsideraiion of ihe available evidence concues that “On the basis of fads
available {here are no materia doubts
(a) The. Bidder/ContraciorKancessjonaireiConavllant. with is ree, consent and
without any inluence agrees anc underakes lo respect and uphold the
Principals absolute rights to resost to and impose such excluslon and further
‘accepts and undertakes not challenge 0° question such exclusion on any
Ground, incluing the lack of any heoring before the decision to cso 10 such
exclusion is. token. This niwedtaking is given edly and aller, obtaining
independent toga ace.
¥ ) The dacision of the Princ 6
Inceavily Pact has been coo
Consultant shal be line 28 Dixing om the Bidder! contacto can
+ consulent
. 1°} Grraccatrence of any sasctons! vixauaificalon cl arising out from vikation of
inteorily pact, Bidder contract’ concessionaie/ consutan shal not be enti’
for.any compenscifon on this account
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