National Highways Authority of India

(Ministry of Road Transport & highways)

Regional Office: Raipur-Chhattisgarh

(SECTION-I)

NOTICE INVITING TENDER (E-

TENDERING MODE ONLY)

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 SECTION-I
Notice Inviting Tender
(National Competitive Bidding through e-Tendering mode only)

1. The Regional Office, Raipur -CG, National Highways Authority of India (NHAI) hereby
invites bid through e-tendering from experienced firms / organizations whose
corporate office / branch office is located either in Raipur (Regional Office-
Raipur) or in PIU Locations (CITY OF PIUs) for the following work.

Sl. Description of work Estimated cost Bid Security

No for Two years
1 Facility Services in NHAI‟s Regional Rs.6,25,00,000/- Rs.12,50,000/-
Office and its Project
Implementation Units. (Providing
manpower viz.
Stenographers, Accountants, Computer
Operators/Office Assistants, Site
Engineers / Peon / Chowkidar /
 Cost of Bid Document (Non-Refundable) :Rs. 1500/-
 e-Tender Processing fee (Non-Refundable) :NIL

Note:-A copy of valid NSIC registration certificate or MSME certificate should be attached for
claiming exemption from payment of bid security. However, payment of bid price shall be compulsory
without which bid will be rejected.

2. The preliminary requirements (detailed requirements are given in the Bid

Document) of bidding firm / contractor for above works are mentioned as under:-

Average Annual Turnover Completed work of similar Time period for Facility
during last 3 years (in Rs.) nature during last 5 years Services
Annual Average Turnover during Should have served for 24 Months
the last three financial years, minimum of 5 No. of clients
st as Manpower Service Provider
ending 31
31 March of the previous
financial years, should be at out of which minimum 3 No.
least 30% of the estimated cost. of clients should be
Govt/PSUs.

3. To participate in the E-Bid submission, it is mandatory for the bidders to get

themselves registered with the NHAI e-Tendering Portal (https://etenders.gov.in) to
get a user ID & Password free of cost through online mode only. Validity of online
registration is for one year.
a) After making the online payment, bidders have to send an e-mail intimation at the
e- mail address: support-eproc@nic.in.
b) All profile activations will be done only during NHAI working days.
c) No profile activations will take place during NHAI Holidays & gazetted holidays.
d) The tender can be viewed/ downloaded from NHAI e-tendering portal
(https://etenders.gov.in)free of cost till prescribed last date & time for
submission of the of the Bids.
Following may be noted:-
i) Applications can be submitted only during the validity of registration with the
NHAI e-Tendering Portal being managed by National Informatics Centre (NIC)
i.e. https://etenders.gov.in
ii) The amendments/clarification to the tender, if any, will be posted on the NHAI
website (www.nhai.gov.in) and NHAI e-Tendering Portal
(https://etenders.gov.in).
e) To participate in bidding, bidders have to pay Application/Document Fee
(non- refundable) to National Highways Authority of India (NHAI) as per the
amount mentioned in the tender document through Demand Draft mode only
(offline).
„Application Fee‟ is mentioned in individual tender document as published
at NHAI e-Tendering Portal (https://etenders.gov.in).

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 f) Cost of Bid document is only DD mode (offline).
g) Bid security is offline and through DD mode (offline).
h) Bidders have to use CLASS III DSC with Signature and encryption Component.
i) The authorized signatory holding Power of Attorney shall only be the Digital
Signatory. In the case of Authorized Signatory holding Power of Attorney and
Digital Signatory are not the same, the bid shall be considered as non-
responsive.

If the Applicant has already registered with NIC for NHAI e-Tendering Portal usage
and validity of registration has not expired, then such applicant does not require
fresh registration.

For any clarifications on the above, may contact 0120-4200462, 0120-4001002 or

send email at the address: support-eproc@nic.in

4. The detailed tender document can be viewed/downloaded from the website

http://etenders.gov.in or (www.nhai.gov.in) free of cost from 24.01.2024 to
26.02.2024 (upto 15:30 hrs.) after furnishing the payment particulars. The
bidders shall furnish the details of demand drafts against the cost of bid document
and bid security at the time of submission of e-bid.
5 The amendments/ addendums / clarifications to the bid document if any will
be hosted on the above website.

6. The bid should be submitted online in the prescribed format given in the website.
No other mode of submission would be accepted.

7. The last date for online submission of the Bid is 26.02.2024 upto 15:30 hrs.
(as mentioned on the e-portal only) (“Bid Due Date”). The due date for physical
submission of Technical Bid is 26.02.2024 upto 15:30 hrs. The online bids would
be opened on 27.02.2024 at 16:00Hrs, at Regional Office-Raipur, NHAI on the
date and time as mentioned above. However, such representatives shall be
allowed to attend the opening of the bids only if they produce letter of RO-
Raipur on the letterhead of the bidder, at the time of opening of bids as
mentioned above.

For any clarification, the office of the undersigned may be contacted.

Regional Office – Raipur

National Highway Authority of India
(Ministry of Road Transport & Highways, Govt. of India) Plot
No . F-1, Near TV Tower,
Anupam Nagar , Raipur (CG) 492006
Phone no : 0771-2284365, 0771-2284648
Email: roraipur@nhai.org

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 (SECTION-II)

Terms and Conditions Including Eligibility Criterion of

the Bid

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 SECTION-II:
(Term and Conditions Including Eligibility Criterion of the Bid)

1- INSTRUCTIONS TO BIDDERS (ITB)

A. General
1. Scope of Work

1.1 The Regional Office- Raipur, National Highways Authority of India (NHAI)
hereinafter called "RO- Raipur" invites bids through the process of E-tendering for
Facility Services for NHAI‟s Regional Office – Raipur (as defined in these documents,
hereinafter referred to as "the Works") as detailed in the bid document.

1.2 The work consists for providing Facility Services in NHAI‟s Regional Office- Raipur and
its Project Implementation Units (PIUs) located at Raipur-I, Raipur-II, Dhamtari,
Bilaspur and Korba as detailed in the Technical Specifications, Scope of Work.
1.3 The works under this Contract shall be carried out in accordance with the
bidding documents constituting the contract and shall consist of various salient items as
generally described below:

1.4 Availability of the Project Area:

The successful bidder shall deploy its staff at Regional Office-Raipur, NHAI, and its PIUs
located at Raipur-I, Raipur-II, Dhamtari, Bilaspur & korba or any other place
(under the jurisdiction of Regional Office) as determined by the Regional Office of
NHAI.

1.5 The successful bidder is required to commence the Work within the period stipulated
in Letter of Award i.e. within 15 days, failing which NHAI may terminate the award.

1.6 The RO-Raipur shall deploy an officer acting as the Employer’s representative.

2. Source of Funds
The expenditure on these Works will be met by Regional Office- Raipur / PIUs
National Highways Authority of India.
3. Eligible Bidders
3.1 This invitation for bids is open to bidders who are Authorized Service
Provider/contractor with relevant experience, as stipulated at Clause 4 below.
3.2 Bids from joint ventures, consortiums, combination or any sort of arrangement
between two or more than two entities are not allowed and such bid shall be
treated as non- responsive.

4. QUALIFICATION OF THE BIDDERS & SUPPLY OF INFORMATION

4.1 To be qualified for award of Contract, bidders must upload the scanned duly digitally
signed copies of the following documents along with online bid document containing all
the prescribed documents.
a) Achieved an average financial turnover equal to the amount indicated in NIT during
st
last three years ending 31 March of the previous financial year duly certified by a
registered Chartered Accountant. The Chartered Accountant should have his/her
registration number allotted by ICAI.

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 b) Submit a written Power of Attorney duly authorizing the signatory of the bid to commit
the bid. The Power of Attorney is also required to be given on a stamp paper of
requisite value and in the format (Annexure-I), duly notarized by the Public Notary.
c) To qualify for award of the Contract, the bidder should have successfully &
timely completed Works of similar nature with minimum one work of
Rs.5,00,00,000/- or two works of Rs.3,12,50,000/- each or three works of
Rs.1,87,50,000/- each during last 5 years in Government Organization, Public Sector
Undertaking, Autonomous Body duly funded by Govt. of India/ State Govt., Private
Sector of repute only. Contractor should submit documentary evidence, Letter of
Award, copy of contract agreement, and certificates of satisfactory completion of
work from the previous Employer otherwise, the experience will not be considered for
evaluation and the bids will be rejected. “Works of Similar nature” means providing
manpower services of skilled and unskilled manpower for routine office work in Govt.
organization/Public Sector organizations/Autonomous Body, Private Sector of repute
only, but does not include catering services etc. Timely completion means, the work
should have been successfully completed and date of completion should fall before
24.01.2024.

d) The bidder should have minimum of 5 years experience in providing facility services
in Government Organization, Public Sectors Undertaking, Autonomous Body, Private
Sector of repute only.
e) The bidder shall submit the following information/documents on eligibility
and qualification:-
i) General information
ii) Annual audited turnover for last 3 years duly verified by a Chartered
Accountant (Registered).
iii) A certificate from Chartered Accountant as a proof of turnover for the last 3 years.
iv) Additional information regarding litigation, debarment, arbitration or blacklisting
etc.

v) The firm/ organization should submit the CV of at least one senior Person,
well experienced in similar type of job for site in-charge post, whose particulars
such as Name, Age and Experience should be furnished.
vi) The bidder should submit Affidavits & Power of Attorney duly notarized by notary
on Stamp Paper(s) of requisite value, in original, as per enclosed formats,
without which the bid shall be rejected.

vii) Bidder should submit the self-attested photocopies of registration certificates of

ESI, PF, PAN No., PPF, Labour license and GST Regn. number duly certified by
the authorized signatory. An indemnify bond for any failure on this account may be
given by the bidder for 100% of monetary value of the above Statutory
deductions
w.r.t. number of short term manpower deployed.

viii) The Certificate of incorporation of the Company issued by the Registrar

of Companies concerned etc.

ix) Legal status of Bidder (Proprietorship/Partnership or Pvt.

Ltd. firm) [Upload scanned copy of original]
x) Place of registration:

xi) Principal place of business:

Note : (i) Power of Attorney of signatory of Bid [Upload scanned copy & also supply Original
copy ( in envelop of physical form]
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 (ii) Total value of work done in the last three years (in Rs.) (Upload scanned
copies of certificate from Chartered Accountant)

2020-2021 : --------------
2021-2022 : --------------
2022 -2023 : --------------
Total : -------------
Average per year:
f) It is desired to furnish the information/documents in the following order for which
proper indexing giving serial numbers, details/particulars and page numbers of the
documents may be given in the beginning of the bid document :-

(i) Company’s profile

(ii) Demand Drafts towards cost of bid document and Bid Security.

(iii) Annexure-I to VIII

(iv) „Experience-cum-Work Completion Certificate issued by the organization

where the agency has provided manpower services for routine office works
(preferably in Annexure-VIII), followed by copies of contract agreements etc.

(v) Annual Audited Turn Over for the last 3 years duly verified by a
Chartered Accountant (Registered)

(vi) A certificate from Chartered Accountant as a proof of turn over for the last 3 years

(vii) CV of at least one Senior Person, well experienced in similar type of job for
site- in-charge post, whose particulars such as Name, Age and experience

(viii) Photocopies of ESI, PF/EPF, PAN No, Labour License No., GST Reg. No. duly
certified by authorized signatory.

(ix) Relevant documents in support of technical evaluation criteria, in the absence

of which no marks shall be allocated against that specific criteria.
(x) Any other documents.

g) Apart from the above, the following eligibility criteria is also prescribed for
selection of outsourcing/ placement / manpower agency:-
S.no Criteria Supporting Document
The Registered Office or one of the Branch Self-attested copies of Telephone
(a) Offices should be located either in the bill/Electricity Bill/Registered Lease Deed
location of PIU or the concerned Regional supporting the address.
Office where PIU falls
and be functional for at least last 2-3 years
Certificate of Incorporation in respect of
The firm should be registered with the appropriate
(b) the applicant organization issued by
registration authority and should be in existence for
Registrar of Companies or a partnership
not less than five years before the bid date. deed duly registered under the Partnership
Income/Revenue from Recruitment (Man Power Copies of audited balance sheet/CA
Services) of the firm should be decided by RO
Certificate should be attached for the last
(c) depending upon the classification of the city of
three financial years. Attested copy of the
the
latest IT return filed by agency
PIU/RO. Revenue from other business will not be
considered
Should have served for minimum of 5 No. of clients Certified documents in support of
(d) as Manpower Service Provider out of which minimum past contracts with Govt /PSUs from
3 No. of clients should be Govt/PSUs. the concerned establishment.
The Agency should have been registered with Attested copy of PAN Card; Attested copy of GST
(e) Income Tax and Service Tax departments; Attested registration certificate in respect of Manpower
copy of PAN Card; Attested copy of GST registration
Services etc.
certificate in respect of Manpower Services
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 Annual Average Turnover during the last three A certificate from Chartered Accountant
(f) financial years, ending 31st March of the previous (Registered) as a proof of turnover for the last
financial year, should be at least 30% of the estimated 3 years.
cost.
Maximum Number of manpower on pay roll
(g) deployed at one office (Ministry / Govt. department
Self-attested declaration by the Agency.
/ PSUs / Autonomous bodies / reputed Private
Sector) during last one year.
The Agency should be registered with appropriate Attested copy of the Employee Provident Fund
authorities under Employees Provident Fund and registration letter / certificate. Attested
(h) Employees State Insurance Acts or any other labour Contract Labour (Regulation & Abolition) Act.
authorities including under the contract Labour Attested copy of the Employee State Insurance
(Regulation and Abolition Act). registration letter / certificate.
The agency or any of its partners/directors
etc should not have been black listed/debarred by
any of the government agencies or department or
(i) should not have been found to be guilty of moral Self-attested declaration by the Agency.
turpitude or convicted of any economic offense or
with violation of any labour laws etc. by any court or
any authority appointed to enforce any labour laws
or regulations.

4.2 EVALUATION CRITERIA

The tendering evaluation shall be done on weightage with 70% to Technical

Evaluation and 30% to financial evaluation. The bidder meeting the minimum eligibility
criteria and with the highest marks/rank (i.e. the total of technical evaluation marks and
financial evaluation marks) shall be deemed as the successful Bidder and shall be
considered eligible L 1 Bidder for further process.

4.2.1 Technical Bid:

(a) The technical bid evaluation shall be done based on the following criteria:-
(b) During the technical evaluation stage, each bidder shall be assigned different marks
out of a total 100 marks, as per the criteria specified below:
S. Particulars Max Scoring mechanism values Marks
No
Number of years in (a) 5 years 05 marks
operation (supported (b) More than 5 years and up to 10 10 marks
(i) with documentary proof 20 years
(c) More than 10 years (10 + 02 mark 12-20 marks
for validation)
for each additional completed year)
Number of Similar nature
of completed works during (a) 1 to 2 No.s 05 marks
the last 05 years (supply of
Manpower/ Facility (b) 3 to 4 No.s 10 marks
(ii) 15
Management Services) (c) ) More than 4 Nos. (10 + 01 mark 11-15 marks
costing Rs.1,22,61,120/- or for each additional completed work)
above
(a) Up to 10 crores
(b) More than 10 crores and upto 25
crores 05 marks
Annual Average Turnover (c) More than 25 crores and upto 50 10 marks
(iii) during the last 03 25 crores 11-15 marks
financial year (d) More than 50 crores and upto 75 20 marks
crores 21-25 marks
(e) More than 75 crores (20 + 01 mark
for each additional 5 crores)

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 Maximum Number of
Manpower on pay roll (a) Up to 100 05 marks
deployed at one (b) More than 100 and upto 300 10 marks
(iv) office (Ministry/Govt. 25 (c) More than 300 and upto 500 11-15 marks
Department/PSUs/Autonom 20 marks
ous bodies/Reputed Private (d) More than 500 (20 + 01 mark for
Sector) during last one each additional 100 manpower) 21-25 marks
year.
Quality Related Marks ISO 14001 05 marks
(v) (Supported with 15 SA 8000 05 marks
valid OHSAS 18001 05 marks

(c) Similar nature of services means providing manpower services of skilled and
unskilled manpower for routine office work in Govt. organization/Public
Sector organizations/Autonomous Body, Private Sector of repute only, but
does not include security services, catering services etc.

(d) A bidder should secure mandatory of a minimum of 70% marks (i.e. 70 marks out
of total 100 marks as per table) in Technical Evaluation in order to be a qualified
bidder for being eligible for Technical weightage and subsequently for opening
of financial bids.

(e) The total marks obtained by a Bidder in technical bid shall be allocated 70%
weightage and the financial bids shall be allocated 30% weightage and thereby
making a total of 100% final weightage for the complete bid.
4.2.2 FINANCIAL BID

(a) The financial evaluation shall be carried out and financial bids of all the
bidders shall be given 30% of the weightage.

(b) The Bidder with the lowest bid Prices (L-1) shall be assigned full 30 marks
(i.e. 30% x 100) and his total scores of the bid shall be as per illustration below:
4.2.3 Illustrations:
(a) If a bidder has secured 80 marks out of the total 100 marks in
technical evaluation, his technical evaluation value shall be: 56 i.e. (80
x 70%).
(b) If the bidder at (a) above is L1 Bidder and quoted Rs.100 for being L1,
then his total value shall be: 86 i.e. (56 Technical Value + 30 Financial Value).
(c) The financial scores of the other bidders (i.e. L2, L3 and so on)
shall be computed as under and as explained in (d) below: 30 x Lowest
Value (L1 Price) / Quoted Value (L2 or L3…)
(d) If the Bidder at (a) above is L2 Bidder and he quoted Rs.125,
therefore 30% being the weighted value, the financial scores for L2 shall be
computed as under:
30 x 100 (lowest price L1) / 125 (quoted price L2) = 24 (financial score)
Therefore, L2 Bidder shall have total value of 80 (56 Technical Value + 24
Financial Value)
(e) The bidders‟ ranking shall be arranged depending on the marks
obtained by each of the bidder both in Technical Evaluation and Financial
Evaluation.
4.2.4. The marks of technical evaluation and financial bid shall be calculated upto 02 decimals
points.

4.3 Disqualification
Even though the Bidders may meet the above criteria, they are subject
to disqualification for any of the following reasons:
a) Misleading or false representation/declaration made in the Affidavit or in the other
forms, statements and attachments submitted and included in Bid application.
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 b) Record of poor performance such as abandoning the work, rescinding of contract
for the reasons which are attributable to the non-performance of the
contractor/bidder, consistent history of litigation awarded against the
applicant or financial failure due to bankruptcy.

c) Has been identified by the RO- Raipur as poor performer in implementation

of past and/or ongoing NHAI works.

d) If any bidder quoted the rates abnormally below the estimated tender value,
the same shall be summarily rejected by the RO-Raipur without assigning any
reason thereof and the decision of RO-Raipur shall be final. The Bidder may be
disqualified for the period of 5 years by the RO-Raipur.

4.4 Debarment / Black listing

Notwithstanding the above, the RO-Raipur may debar or blacklist any of the bidder(s)
for their misleading or false representations in the forms, statements and
attachments submitted and included in Bid application for the period to be decided
by the RO-Raipur besides taking legal action.
5. One Bid per Bidder

Each bidder shall submit only one bid. A bidder who submits or participates by way
of more than one bid in same tender notice, all such bids will be rejected and the
bidder will be disqualified for one year.

6. Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of his
E- Bid and the RO-Raipur will, in no case, be responsible or liable for those costs.

7. Site Visit

7.1 The bidder is advised to visit and inspect the Site of Work and its surroundings and
obtain all information that may be necessary for preparing the bid and entering into
a contract for execution of the Work. The costs of visiting the Site shall be borne by
the bidder.

7.2 The bidder and any of its authorized personnel or agents will be granted permission by
the RO-Raipur upon request by the bidder in writing to enter its premises and open
area inside the premises of RO-Raipur for the purpose of such inspection.

B. Bidding Documents
8. Contents of Bidding Documents

8.1. The set of bidding documents comprises the documents listed below and should
be read in conjunction with any Addenda issued.
Section- I. Notice Inviting Tender (E-Tendering Mode Only)
Section- II. Terms and Conditions including Eligibility Criterion of the Bid.
Section-III Procedure for E Tendering
Section-IV Staff Deployment
Section-V Scope of Work
Section-VI General Conditions of Contract
Section –VII Special Conditions of Contract
Section-VIII Form of Application, LOA & Agreement

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8.2 The bidder is advised/expected to examine/study carefully the contents of all the
above bid documents along with addendum/amendments. Failure to comply
with the requirements of bid documents will be at the bidder's own risk. If
Bids which are not substantially responsive to the requirements of the bidding
documents will be rejected.

9. Clarification of Bidding Documents

A prospective bidder requiring any clarification of the bidding documents may
notify the RO- Raipur in writing or by fax (hereinafter, the term "fax" is deemed
to include electronic transmission such as facsimile, cable and email) at the
Employer's address indicated in the Invitation for Bid. The RO- Raipur will
respond to any request for clarification which he receives prior to holding of
Pre-Bid Meeting. Copies of the Employer's response will be forwarded to all
purchasers of the bidding documents, including a description of the enquiry
but without identifying its source.

10. Amendment/Addendum of Bidding Documents

10.1 At any time prior to the deadline for submission of bids, the RO- Raipur
may, for any reason, whether at his own initiative or in response to a
clarification requested by a prospective bidder, amend the bidding
documents by issuing Addendum.

10.2 Any Addendum thus issued shall be part of the bidding documents and shall
be communicated in writing or by fax/email to all purchasers of the bid
documents. Prospective bidders shall acknowledge receipt of each addendum
by fax/email to the RO- Raipur.

10.3 In order to afford prospective bidders reasonable time in which Addendum is

to be taken into account in preparing their bids, the RO-Raipur may extend
the deadline for submission of bids.
C. Preparation of Bids

11. Language of Bid

The bid, and all correspondence and documents related to the bid exchanged
between the bidder and the RO-Raipur shall be written in the English
language. Supporting documents and printed literature furnished by the
bidder may be in another language provided they are accompanied by an
accurate translation duly certified by authorized signatory of the relevant
passages in the English language, in which case, for purposes of
interpretation of the bid, the English translation shall prevail.

12. Documents comprising the Bid

The following documents, which are not submitted with the bid, will be
deemed to be part of the bid.
Section Particulars

Section- I. Notice Inviting Tender (E-Tendering Mode Only)

Section- II. Term and Conditions including Eligibility Criterion of the Bid.
Section-III Procedure for E Tendering
Section-IV Staff Deployment
Section-V Scope of Work
Section-VI General Conditions of Contract
Section–VII Special Conditions of Contract
Section-VIII Form of Application, LOA & Agreement

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 Part-II Financial Bid:

i) Form of Bid – duly filled in and online

13. Bid Prices

13.1 The Contract shall be for the whole Works, as described in Clause 1.1
based on the priced Bill of Quantities submitted by the Bidder online
only.

13.2 The bidder shall quote service charge in percentage in prescribed format
enclosed as part of tender document on e-tender portal of NHAI.

13.3 All duties & taxes (except GST), shall be payable by the Contractor under the
Contract, or for any other cause, shall be included in the rates, prices, and total Bid
price submitted by the Bidder. The GST shall be reimbursed (if applicable) subject
to production of proof of such payment by the contractor specific to the subject
work.

13.4 The rates and prices quoted by the Bidder shall be fixed for the period duration of
the Contract and shall not be subject to adjustment.

14 Currencies of Bid and Payment

14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees.
14.2 All payments including advances, if any, shall be made in Indian Rupees.
15. Bid Validity

15.1 Bids shall remain valid for a period of 120 days (One Hundred Twenty Days) after
the deadline date for bid submission specified in Clause 22. A bid valid for a shorter
period shall be rejected by the RO-Raipur as non-responsive.
15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the
RO- Raipur may request the bidders to extend the period of validity for a specified
additional period. The request and the responses thereto shall be made in writing or
by fax. A bidder agreeing to the request will not be required or permitted to
modify his bid but will be required to extend the validity of his Bid Security for
the period of the extension in all respects.
16. Bid Security

16.1 As part of its bid, the bidder shall furnish, a Bid Security and cost of the bid
document in addition to other specified/prescribed documents in favour of National
Highways Authority of India and shall be in the form of a Demand Draft from any
scheduled Indian Bank in India, duly approved by the Reserve Bank of India (RBI).
For value of bid security and cost of bid document, instructions given under the
NIT & Procedure under E-tendering may please be seen.
16.2 Any bid not accompanied with Bid Security, cost of bid document, and other
requisite documents shall be rejected by the RO-Raipur and the bid shall be treated
as non–responsive.

16.3 The Bid Security of the unsuccessful bidders will be returned as promptly as possible.

16.4 The Bid Security may be forfeited for the following reasons:
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 a) if the bidder withdraws his bid during the period of bid validity;
b) if the bidder does not accept the correction of his bid price, pursuant to Clause 27;
c) in the case of a successful bidder, if the bidder fails within the specified time
limit to furnish the required Performance Security or sign the Agreement.
d) If it is found at any stage that the bidder has furnished wrong
information or misrepresented facts.
16.5 In case of forfeiture of Bid Security, the bidder shall also be debarred from
participation in NHAI works for a period as decided by NHAI.

17. Alternative Proposals by Bidders

Bidders shall submit offers, which comply with the requirements of the bidding
documents, including the conditions of contract and conditional offer or alternative
offers will not be considered further in the process of bid evaluation.
18. Format and Signing of Bid

18.1 The documents to be submitted in the physical form along with the demand draft
for fees/security shall be typed or written in ink and shall be signed by a
person duly authorized to sign on behalf of the bidder. All the pages of the
documents as mentioned here shall be signed by the person/persons signing the bid.
Documents as mentioned here in shall contain no overwriting, alterations or
additions, except those to comply with instructions, issued by the RO-Raipur or as
necessary to correct errors made by the bidder, in which case such corrections shall
be made by striking out the cancelled portion, writing the correction and signing and
dating it along with the stamp by the person or persons signing the Bid.

19. Sealing and Marking of Bids

19.1 The documents to be submitted in physical form as per clause 2(ii) of Procedure
under E-Tendering (Section-II) shall be submitted in a sealed envelope superscribed as
“Documents in Physical Form” at the top left corner.
In case of any discrepancy between documents submitted online and documents
submitted in the physical form, the documents submitted in physical form shall
prevail over the documents submitted through online process.
20. Deadline for Submission of Bids

20.1 The Bidder shall ensure that the complete e-Bid is uploaded on NHAI e-tender portal
on or before the last date prescribed for submission of bids, as specified in NIT/e-
portal. The Bidder is further required to submit Documents in Physical Form on or
before the last date of Bid and before the time of submission as specified in NIT, at the
following address: Regional Office – Raipur
National Highways Authority of India
(Ministry of Road Transport & Highways, Govt. of India) Plot
No . F-1, Near TV Tower ,
Anupam Nagar , Raipur (CG) 492006
Phone no : 0771-2284365, 0771-2284648
Email: roraipur@nhai.org

In the event of the specified date for the submission of documents in Physical form
being declared a holiday for the RO-Raipur, the same will be received up to the
specified time on the next working day.

13
20.2 RO-Raipur assumes no responsibility for inability of a bidder to submit bids
through NHAI‟s e-tendering portal on account of delay in submission at bidder's end.
Bidder shall ensure that they submit the bid well before the "Due Date & Time of
Bid- Submission". RO-Raipur shall not be responsible if bidder is not able to submit
the bid on account of failure in network/internet connection or any other technical
reason.

20.3 The RO-Raipur may extend the deadline for submission of bids by issuing an amendment
in accordance with Clause 10, in which case all rights and obligations of the RO-
Raipur and the bidders subject to the original deadline, will then be subject to the
new deadline.

21. Late Submission of Document in Physical Form:

Any document in physical form if received by the RO-Raipur after the deadline
prescribed in Clause 22 will not be accepted and returned unopened to the Bidder
and also the e- bid submitted by such bidder shall not be considered.

22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their e-bids as directed on the e-tendering portal,
before the Bid Due Date and time.
22.2 No bid may be modified after the last date of deadline for online submission of bids.

22.3 Withdrawal or modification of a Bid between the deadline i.e. the last day of
submission of bids and the expiration of the original period of bid validity specified
in Clause 15.1 above or as extended pursuant to Clause 15.2 shall result in the
forfeiture of the Bid security pursuant to Clause 16.
22.4 Bidders may modify the prices of their bids before deadline of online submission of bid.

22.5 No Late and delayed bids after Bid Due date/time shall be permitted in e
tendering portal System. Time being displayed on our e-Tendering Portal shall be final
and binding on bidder and bids have to be submitted by bidders considering this time
only and not the time as per their location.

E. Bid Opening and Evaluation

23 Opening of Technical Bids

23.1 The RO-Raipur will open the outer envelope of all the bids received for the work
(except those received late) containing the sealed technical bid and the sealed
financial bid and announce the names of (i) bidders, (ii) bidders who have
submitted technical/financial bids, and (iii) bidders who have given notice for
withdrawal of their bids in the presence of bidders or their representatives who
choose to attend on the date and time mentioned in the ITB (Instructions to Bidders).
In the event of specified date of bid opening being declared as a holiday for the
RO-Raipur, the Technical Bids will be opened at the appointed time and location
on the next working day.
23.2 Bids for which acceptable notice of withdrawal has been submitted pursuant to
Clause 24 shall not be opened and shall be returned.
23.3 Envelopes marked Technical Bid shall then be opened. Bidder’s names, „Modification
of Technical Bid‟, the presence/or absence of Bid Security, the amount and validity
of Bid Security furnished with each bid and such other details, as the RO-Raipur may
consider appropriate will be announced by the RO-Raipur at the time of opening.

14
23.4 The bidders or their representatives who are present shall sign attendance sheet
evidencing their attendance.

23.5 The sealed envelope containing the Financial Bid shall not be opened at this stage.

23.6 The RO-Raipur shall prepare besides the record of bid opening, minutes of the
Bid opening, including the information disclosed to those present in accordance
with Sub Clause 25.3 hereof.

24. Examination of Technical Bids and Determination of Responsiveness of

Technical Bid

24.1 Prior to evaluation of Technical Bids, the RO-Raipur will determine whether the bid
is accompanied by the required Bid Security.

24.2 If the Bid Security furnished does not conform to the amount and validity period
as specified in the Invitation for Bid and has not been furnished as specified in Clause
16, the bid shall be rejected by the RO-Raipur as non -responsive as per Clause 16 and
the Technical Bid and the sealed Financial Bid will be returned to the bidder.

24.3 The Technical Bid will further be examined to determine whether the bid has
been properly signed, meets the eligibility and qualification criteria, is
accompanied by the requisite certificates, undertaking, Affidavit and other relevant
information specified in the bid documents and is substantially responsive to the
requirement of the bidding documents and provides any clarification for ascertaining
the correctness of the information/details that the RO-Raipur may require pursuant
to Clause 29.

24.4 If the Technical Bid is not substantially responsive, it will be rejected by the RO-
Raipur and will not subsequently be made responsive by correction or modification or
withdrawal of the non-conforming deviation or reservation.

24.5 The RO-Raipur shall inform, in writing, the bidders, whose Technical Bid is found to
be responsive, the date, time and place of opening of Financial Bid. In the event
of the specified date being declared a holiday for the RO-Raipur, the Financial
Bid will be opened at the appointed time and location on the next working day.

25. Opening of Financial Bids

25.1 The Financial bids shall be opened for the work in the serial order listed in the ITB
for evaluation and award.

25.2 The RO-Raipur will open the „Financial Bid‟ (including „Modification pursuant to Clause
22) of those bidders whose Technical Bid has been determined to be substantially
responsive, in presence of the bidders or their representatives who choose to attend
on the date intimated to such bidders. In the event of specified date of Financial Bid
opening being declared a holiday for RO-Raipur, the „Financial Bids‟ shall be
opened at the appointed time and location on the next working day.

25.3 The names of the bidders whose Technical Bid is found to be substantially responsive,
the bid prices, the total amount of each bid, any discount, „modifications of Financial
Bids‟ and such other details, as the RO-Raipur may consider appropriate will be
announced by the RO-Raipur at the opening of the Financial Bid. Any bid price,
which is not read out and recorded at the bid opening, will not be taken into account
in Bid Evaluation.

25.4 The bidders or their representatives who are present shall sign attendance sheet
evidencing their attendance.
15
25.5 The RO-Raipur shall prepare besides the record of bid opening, minutes of the
Financial Bid opening including the information disclosed to those in accordance with
Clause 27.

25.6 If any bidder quoted the rates abnormally below the estimated tender value, the
same shall be summarily rejected by the RO-Raipur without assigning any reason
thereof.
26. Correction of Errors
26.1 Financial Bids determined to be substantially responsive will be checked by the
RO- Raipur for any arithmetic errors. Arithmetic errors will be rectified on the
following basis:-

i) Where there is a discrepancy between the amount in figures and in words for any
rate in the unit rate column, the amount in words will govern.

ii) Where there is a discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by the quantity, the unit rate as quoted will govern
and the line item total will be corrected accordingly.

iii) If there is a discrepancy between the total bid amount and the sum of total costs per
item, the sum of the total costs per item shall prevail and the total bid amount will be
corrected.
27. The amount stated in the Form of Bid will be adjusted by the RO-Raipur in
accordance with the above procedure for the correction of errors and shall be
considered as binding upon the bidder. If the bidder does not accept the corrected
amount of bid, his bid will be rejected, and his Bid Security shall be forfeited in
accordance with Clause 16.

28. Evaluation and Comparison of Financial Bids

28.1 The RO-Raipur will evaluate and compare only those Financial Bids whose technical bids
are determined to be substantially responsive and qualified for award of Contract.

28.2 In evaluating the Financial Bids, the RO-Raipur will determine for each Financial Bid
the evaluated Bid Price by adjusting the Bid Price as follows:-

a) Making any correction for errors pursuant to Clause 29;

b) Making appropriate adjustments to reflect any price modifications offered in

accordance with Clause 24.
28.3 If the Bid of the successful Bidder/s is seriously unbalanced in relation to cost for
contract profit/service charge (including cost of uniforms, washing allowances and
any other charges etc.) of the works, the RO-Raipur may require the bidder to
produce detailed price analysis. After evaluation of the price analysis, the RO-Raipur
may require that the amount of the performance security set forth in Clause 4
of section VI(GCC) be increased up to an additional 5 (five) per cent at the
expenses of the successful bidder to protect the employer against financial loss in the
event of default of the successful bidder under the contract.

29 Clarification of Bids

29.1 To assist in the examination, evaluation and comparison of bids, the RO- Raipur may,
at his discretion, ask any bidder for authentication the correctness of the
information/details furnished by him in his bid. Such request by the RO-Raipur and
the response by bidder shall be in writing or by cable/fax, but no change in the price
or substance of the bid shall be sought, offered or permitted except as required
16
 to conform to the correction of arithmetical errors discovered by the RO-Raipur in
the evaluation of the bids in accordance with Clause 27.

29.2 Subject to Sub Clause 30.1, no bidder shall contact the RO-Raipur on any
matter relating to his bid from the time of bid opening to the time contract is
awarded.

29.3 Any effort by the bidder to influence the RO-Raipur in the bid evaluation,
bid comparison or contract award decisions may result in the rejection of his
bid.

30. Process to be Confidential

30.1 Information relating to the examination, clarification, evaluation and comparison of

bids and recommendations for the award of a contract shall not be disclosed to bidders
or any other persons not officially concerned with such process until the award to the
successful bidder has been announced. Any effort by a bidder to influence the
Employer's processing of bids or award decisions may result in the rejection of his bid.

31. Award
Subject to Clause 34, the RO-Raipur will award the Contract to the bidder whose bid
has been determined to be substantially responsive and with the highest marks (i.e.
the total of technical evaluation marks and financial evaluation marks).

32. Employer's Right to accept any Bid and Reject any or all Bids
The RO-Raipur reserves the right to accept or reject any bid and to annul the
bidding process and reject all bids, at any time prior to award of Contract,
without thereby incurring any liability to the affected bidder or bidders or any
obligation to inform the affected bidder or bidders of the grounds for the Employer's
action.

33. Notification of Award

33.1 Prior to expiration of the period of bid validity prescribed by the RO-Raipur, the RO-
Raipur will notify the successful bidder by email/fax and confirmed by registered
letter that his bid has been accepted. This letter (hereinafter and in the Conditions
of Contract called "the Letter of Acceptance") shall mention the name of the firm
including quoted amount accepted by the RO-Raipur which will pay the Facilitator in
consideration of the execution, completion and maintenance of the Work by the
Facilitator as prescribed by the Contract (hereinafter and in the Conditions of
Contract termed "the Contract Price").
33.2 The notification of award will be subject to signing of the Contract by the RO- Raipur
& the successful bidder.

34. Signing of Agreement

34.1 At the same time that the RO-Raipur notifies the successful bidder that his bid has
been accepted, the RO-Raipur will direct him to submit performance bank guarantee
and after verification of which to direct him to attend the Employer's office on a date
determined by the RO-Raipur for signing the Agreement.
34.2 Within 28 (twenty eight) days of the date of signing the Agreement, the successful
bidder shall, if required, have the same engrossed, have the correct amount of
stamp duty adjudicated by the Inspector General of Registrations, New Delhi and
return the same duly signed and executed on behalf of the successful bidder to the
RO- Raipur.

17
35. In case the successful bidder fails to comply with the requirements of Clause 34,
sufficient grounds will be construed for cancellation of the award and forfeiture of
the Bid Security.

36. Corrupt or Fraudulent Practices

i) The RO-Raipur will reject a proposal for award if it is found that the Bidder
(recommended for award) has engaged in corrupt or fraudulent practices in competing
for the contract in question. The RO-Raipur will declare such bidder ineligible,
either indefinitely or for a stated period of time, to be awarded a contract by
National Highways RO-Raipur of India if it at any time determines that the firm has
engaged in corrupt or fraudulent practices in competing for the contract, or during
execution.
ii) In case at any stage, it is revealed that for getting the contract, the bidder has
misrepresented/suppressed/twisted the facts or created an extraneous outside
pressure, the bid security and/or Performance Bank Guarantee shall be forfeited,
besides any other remedy available with the NHAI.

Note : Latest conditions as provided by CVC guidelines /Manual as amended from time
to time, shall be followed in this regard.

18
 (SECTION-III)

PROCEDURE FOR E –TENDERING

19
 SECTION-III
[A] PROCEDURE UNDER E-TENDERING

(Note: RFP stands modified to the extent required as per these instructions)

1. Accessing / Purchasing of bid documents

(i) To Participate in the E-Bid submission, it is mandatory for the bidders to get
themselves registered with the NHAI e-Tendering Portal (https://etenders.gov.in)
to get a user ID & Password free of cost through online mode only. Validity of
online registration is one year.
a) After making the online payment, bidders have to send an e-mail intimation
at the e-mail address: support-eproc@nic.in.
b) All profile activations will be done only during NHAI working days.
c) No profile activations will take place during NHAI Holidays & gazetted holidays.
d) The tender can be viewed/ downloaded from NHAI e-tendering portal
(https://etenders.gov.in)free of cost till prescribed last date & time for
submission of the of the Bids.
Following may be noted:-
Applications can be submitted only during the validity of registration with the
NHAI e-Tendering Portal being managed by National Informatics Centre (NIC)
i.e. https://etenders.gov.in
The amendments/clarification to the tender, if any, will be posted on the NHAI
website (www.nhai.gov.in) and NHAI e-Tendering Portal
(https://etenders.gov.in).

e) To participate in bidding, bidders have to pay Application/Document Fee

(non- refundable) to National Highways Authority of India (NHAI) as per the
amount mentioned in the tender document through DD mode only (offline).
„Application Fee‟is mentioned in individual tender document as published at
NHAI e-Tendering Portal (https://etenders.gov.in).
f) Cost of Bid document is only DD mode (offline).
g) Bid security is offline and through DD mode (offline).
h) Bidders have to use CLASS III DSC with Signature and encryption Component.
i) The authorized signatory holding Power of Attorney shall only be the Digital
Signatory. In the case of Authorized Signatory holding Power of Attorney and
Digital Signatory are not the same, the bid shall be considered as non-responsive.
ii) If the Applicant has already registered with NIC for NHAI e-Tendering Portal usage and
validity of registration has not expired, then such applicant does not require
fresh registration.
For any clarifications on the above, may contact 0120-4200462, 0120-4001002 or send
email at the address: support-eproc@nic.in
iii) The Complete Bid Document can be viewed / downloaded from the NHAI e-
tendering portal free of cost (https://etenders.gov.in). or www.nhai.gov.in after
furnishing the payment particulars. The bidders shall furnish the details of demand
draft against the cost of RFP at the time of submission of e-bid.

iv) Detailed tender document can be viewed/downloaded from e-tender portal of NHAI
(https://etenders.gov.in) or www.nhai.gov.in from 24.01.2024 to 26.02.2024 (upto
15:30 Hrs.)

20
2. Preparation & Submission of bids:

(i) Detailed tender documents may be downloaded from e-tender portal of

NHAI (https://nhai.eproc.in) or www.nhai.org from 24.01.2024 to
26.02.2024 (upto 15:30 hrs) and tender may be submitted online following
the instructions appearing on the screen. A buyer manual containing the
detailed guidelines for e- tendering system is also available on e-tendering
portal of NHAI.
(ii) The following documents shall be prepared and scanned in different files (in
PDF or JPEG format so that the file size is not more than 5 MB) and uploaded
during the online submission of Bid. These documents shall also be submitted
in „ORIGINAL‟ to NHAI on or before 26.02.2024 (up to 15:30 Hrs). For
submission of Bids.
(a) Bid security Rs.12,50,000/- in the form of DD in favour of NHAI
payable at, Raipur or a copy of valid NSIC registration certificate or MSME
certificate should be attached for claiming exemption from payment of bid security.
However, payment of bid price shall be compulsory without which bid will be
rejected.
(b) Cost of tender document of Rs.1500.00 (Rs. One Thousand Five Hundred
Only) through offline mode only.
(c) Power of Attorney duly notarized for signing of Bid in the format
at Annexure-I;
(d) Affidavit in the format given at Annexure-II.
(e) An Undertaking from the person having POA referred to in Sub.Cl. (c) above
that they agree and abide by the Bid documents uploaded by NHAI and
amendments uploaded, if any (as per format given at Annexure-III & IV).
(iii) The bid (Price bid) should be submitted online only in the prescribed
format given in the website. No other mode of submission is accepted.
(iv) For documents except as mentioned at Sl.(ii) above of Bid, shall be
digitally signed by the Authorized Signatory of the bidder & submitted “on-
line” only. No hard copy is required to be submitted.
(v) It may be noted that scanned copies can be prepared in different file
format (PDF, JPEG) duly signed digitally.
(vi) It may also be noted that bidders can upload a single file of size of 5 MB only
but can upload multiple files.
(vii) The Documents as specified in para 2 (ii) above shall be placed in a sealed
envelope. The envelope superscribed the following:

ATTN. OF Sh. A.K. MIshra

DESIGNATION Regional Officer, NHAI RO Raipur
ADDRESS Plot No F-1, Anupam Nagar
Near TV Tower
Raipur
4920006
Phone No: 0771-2284365
E-MAIL ADDRESS: roraipur@nhai.org

3. Modification / Substitution / Withdrawal of bids:

(i) The Bidder may modify, substitute or withdraw its e-bid after submission, prior
to the last date of Bid. No Bid shall be modified, substituted or withdrawn
by the Bidder on or after the Bid Due Date.
(ii) Any alteration/ modification in the Bid or additional information supplied
subsequent to the Bid Due Date, unless the same has been expressly sought for
by the RO-Raipur, shall be disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering
portal and upload / resubmit digitally signed modified bid.

21
 (iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering
portal and can withdraw its e-bid prior to the Bid due date.
(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal
of a bid for any reason, bidder cannot re-submit e-bid again.

4. Opening & Evaluation of bids.

(i) Opening and evaluation of bids will be done through online process.
(ii) The RO-Raipur shall open on-line received Bids at 15:30 Hrs. on the Bid Opening
Date, in the presence of the Bidders/ Authorised Signatory /Authorised
representative who choose to attend. The RO- Raipur will subsequently
examine and evaluate the Bids in accordance with the provisions set out.
(iii) Prior to evaluation of Bids, the RO-Raipur shall determine whether each Bid
is responsive to the requirements of this RFP.
(iv) „Financial Bid‟ of non-responsive bidders shall not be opened.
(v) The bid shall be opened of those bidders only who submit bid documents
in original as mentioned in para 2(ii) above. The bid submitted on-line but
without submission of original documents as required shall not be opened and
same shall be rejected.

22
(SECTION-IV)

STAFF

23
 SECTION:IV

STAFF DEPLOYMENT
1. The Facilitator may exhibit their staff deployment chart. All statutory
requirements and compliance will be the responsibility of the bidders like safety
and labour laws etc.
2. Facilitator shall provide qualified, trained and disciplined manpower as per the
table given below. The employment of these manpower will be with the
facilitator as he is a service provider.

Essential
S. Minimum Educational Experience in
Category No of Post
No Qualification relevant field
of service

Five years’
B. Com with minimum 50% experience in
1 Accountant 05 Nos
marks accounts and
related matters.
i) Graduate from a recognized
University/ Board.
ii) Shorthand speed: 80 Three years’
Stenographer 05 Nos. w.p.m. (Hindi/English). working experience
2
iii) Transcription speed of 30 in relevant fields
w.p.m. (Hindi/English).
iv) Good working Knowledge
of MS office.
i) MCA / B. Tech or BE in
discipline Electronic/ Two years’ working
Computer Science / PGDCA experience in
ii) Having Worked In Data relevant fields
3 IT Expert 05 Nos. Management & Data Analysis
iii) Dashboard & Report
Generation Experience In
PostgreSQL AutoCAD,
experience .Net coding

i) Graduate from a recognized

University/Board.
Computer
ii) Good working knowledge At least three
Operator/
4 20 Nos. of MS office. years’ experience in
Office
iii) Typing Speed of 35 w.p.m. relevant field.
Assistant
in English/ 30 w.p.m. in
Hindi.

At least One
5 05 Nos Holding Degree in Civil
Site Engineer year‟s experience in
Engineering.
relevant field

th
Minimum pass in 10 Standard
6 Peon 12 Nos. or higher qualifications will
be preferred

24
 i) Should be minimum 8th pass
15 Nos. ii) Should have undergone
Chowkidar/
formal security/fire arms
6 Security
training Institute of repute
Guard
and should not more than 45
years of age

Safaiwala
7 (Part- time 05 Nos

 The total number of manpower may increase or decrease as per the requirement, payment
for extra manpower will be paid pro-rata only for each category.

The Consolidated salaries of the manpower as per table above shall be as per policy
of NHAI or the minimum wages prescribed by respective State Government from
time to time, whichever is higher.

Working hours: RO- Raipur / PIUs under RO-Raipur observes five days working (i.e Monday to
Friday) in a week from 9.30am to 6.00 pm with a lunch break of 1/2 an hour. Besides, the
RO- Raipur / PIUs under RO-Raipur also observes the Gazetted holidays notified by the Govt.
from time to time. All above agency personnel however, may be required to attend the
office on Saturday for which no extra payment shall be made. They may also be required
to attend the office on Sundays / Gazetted Holidays or attend office before / after office
hours also in exigencies of work for which the RO-Raipur/PIUs will make payment on pro-
rata basis on verification of attendance through biometric

3. Police Verification of all the above categories of personnel shall be arranged

by agency and record be kept with agency. In case of any criminal activity,
facilitator will be summarily responsible to local police. Also the medical
fitness certificate from Registered Medical Practitioner/Govt. Hospital/State
Hospital shall be arranged by the agency and record kept with agency in respect
of staff deployed. Confirmation in this regard shall be given by the agency to the
RO-Raipur.

4. If any staff is required to visit any office of NHAI or MoRT&H, or any other Ministry
/ Department of Government of India or any other local area related with official
work assigned by their controlling officers, he/she will be paid local conveyance
allowance
@ Rs.4.00 per km and TA as per actual or as decided by NHAI. The amount of local
conveyance will be reimbursed to the Facilitator by NHAI.
5. The Facilitator shall issue photo identity cards at his own cost, with the details
viz. name, Father’s Name, Date of Birth, Name of the Organization with
address and telephone No., blood group etc. to each and every staff, supervisor.
6. The Facilitator shall also make arrangements to provide 2 sets of summer
uniforms (with firm’s logo and name of worker) and 2(two) sets of winter uniform
with pullover (with firm’s logo and name of worker) to each of the employee
per year at its own cost and will be distributed well before the onset of the
season in the presence of representative of RO-Raipur. The cost of the same is
not reimbursable.

25
7. The Facilitator shall ensure and certify the credentials of persons deployed for
Facility Services and submit the proof duly signed by each worker for record. Any
change of manpower, if required, during the currency of agreement will be
permitted with prior permission of NHAI.

8. The facilitator shall provide 01 Casual Leave (CL) per month to the persons
deployed. The unused CL shall lapse on 31st December of every year or the end of
the contract whichever is earlier.

26
 (SECTION-VI)

GENERAL CONDITIONS OF CONTRACT

30
 SECTION: VI

GENERAL CONDITIONS OF CONTRACT

1. SUPPLY OF MANPOWER

1.1 The successful bidder (to whom Contract has been awarded) hereinafter called
“Facilitator”, shall get the works supervised by designated Supervisor officer, who shall
be qualified and experienced to supervise.

1.2 The Facilitator shall be responsible for all pay & allowances of persons deployed, local
laws including minimum wages etc. The contractor shall supply the manpower as
listed in Section – IV “Staff- Deployment” of the Bidding Document, based on the
demand given by NHAI from time to time, within 02 weeks of the Written Notice. In
case of failure against any category, the NHAI shall get the Staff from other Agency by
Nomination, at the Risk & Cost of the Bidder- Contractor/Facilitator. The payment to
Nominated Agency shall be debited from the account of facilitator/contractor.

1.3 The Facilitator should ensure payment of wages to all the workers through their Bank
account by 7th of each month or by 6th (in case of 7th is a Sunday/Holiday) and submit the
Bank statement will next month bill. Non-compliance of this condition will result in a
penalty of Rs.10,000/- on each occurrence. (A notice of non-compliance will be issued by
NHAI).

1.4 The payment of the salaries of staff shall be through Electronic clearing Services (ECS)
mode only or through Bank account only. EPF number of all persons and Proof of EPF
payments shall be provided to RO- Raipur/PIUs by the Facilitator.

1.5 The Facilitator shall indemnify the NHAI against any payment to be made under and
for observance of the above mentioned various laws & rules. In case of any liability
which falls on NHAI / RO-Raipur/PIUs for non-compliance of the applicable law by
the Facilitator / Contractor, the Facilitator / Contractor shall fully indemnify NHAI
including legal expenses incurred by RO-Raipur/PIUs to defend itself.

1.6 The Facilitator undertakes any liability arising out of any dispute raised by the
deployment of Manpower and indemnify the RO-Raipur / PIUs against any such claim
including legal expenses if any incurred by the RO-Raipur.

1.7 It is agreed & understood by the contractor that this Contract shall non-transferrable.
The Facilitator is not permitted to sub contract any job arising under this contract
further. The Contractor will neither appoint any sub-agency nor assign any burden or
benefit of this contract to any third party. In case of breach of this condition, the
contract is liable to be terminated by giving one week notice to the contractor.

1.8 A notice showing the wage period and the place and time of disbursement of wages
shall be displayed at the place of work and the copy is to be sent by the Facilitator to the
Principal Employer under acknowledgement.

1.9 The Facilitator shall in respect of labour employed by him, comply with the provisions
of Contract Labour (Regulations & Abolition) Act, 1970 in regard to all matters
provided therein, including obtaining a valid license from the RO-Raipur / PIUs
under Contract Labour (Regulations & Abolition) Act, 1970.

1.10 The Facilitator shall get the work supervised from trained/ experienced supervisor.

31
2. CONTRACT PERIOD
The contract period of Facilitator shall be valid initially for a period of 02(two) years from
the date of execution of agreement/issue of work order. The Contract can further be
extended as mutually agreed to, between the parties at same rate, terms and conditions
for one more year. Before the expiry of the stipulated period, either party shall give in
writing its intention to extend the contract. If the contract is agreed to be extended by both
the parties, the same shall be in writing and a fresh Agreement shall be executed for the
said period.

3. Bid Security
The Facilitator shall be required to furnish a security Bid Security of requisite value to
NHAI, in the form of Demand Draft. In the event of award of work. Bid Security shall be
released to the successful bidder on submission of Performance Security in the form of
Bank Guarantee and signing of the contract. In case of non-submission of performance
guarantee, the Bid Security of successful bidder shall be forfeited. The Bid Security of
non-responsive bidder(s) shall be returned as promptly as possible. The Bid Security of
the responsive bidder(s) shall be returned after signing of the contract.

4. PERFORMANCE SECURITY
The successful bidder shall submit a performance security in form of an unconditional
Bank Guarantee from schedule Bank, acceptable to NHAI, equivalent to 5% of the bid
amount and the same shall remain valid for the contract period + 2 months, i.e. 26 months
from date of signing of Agreement.

5. PAYMENTS
RO-Raipur / PIUs under RO-Raipur shall pay the monthly bills within a reasonable time in
th
the succeeding month of billing month after 15 day after receiving a valid bill with all
required supporting documents. While submitting the bills for payment, the agency shall
enclose the proof of remittance of contributions by employer as well as employee for
EPF, ESI, GST for preceding month of the billing month.

6. STATUTORY REQUIREMENTS

6.1 The facilitator shall comply with the statutory provisions of all labour laws statutes,
ordinances, rules and regulations applicable to the employment of the workers and the
services agreed to be provided pursuant to this Agreement and shall obtain all necessary
registration, licenses, approvals, sanctions from the Competent Authority as are required
under Employees Provident Funds and Miscellaneous Provisions Act, 1952 along with
Rules (EPF), Employees State Insurance Act, 1948 along with Rules & Regulations (ESI),
Contract Labour (Regulation & Abolition) Act, 1970 along with Rules, 1971 and under any
other applicable laws providing that any approvals and registration that are required to be
taken by the contractor/facilitator due to the nature of its business. In case the facilitator
contravenes any conditions of license granted under the Contract Labour Act, the
contractor/facilitator shall be wholly responsible for the consequences thereof. Further,
the facilitator shall maintain all statutory registers, records as required under the
applicable laws and shall produce the same, on demand to the NHAI “RO-Raipur” or any
other authority under law. The NHAI reserves the right to withhold invoices if the facilitator
fails to produce proof of having remitted the PF/ESI dues or records are not maintained.
The facilitator shall be held wholly responsible for any action taken by the Statutory
Authorities for violation/non- compliance of any such provision/rule.

6.2 The facilitator will comply with all the requirements of the Statutory Authorities under
Contract Labour (Regulation & Abolition) Act, EPF Act ESI Act, Employees Compensation
Act, Minimum Wage Act, Payment of Wages Act, Professional Tax etc. including monthly
contribution to be deposited with the Statutory Authorities in respect

32
 of the employment of workers by him. The wages of every person employed as
contract worker shall be paid without any deductions of any kind except those
specified by the Central Govt. by general or special order in this behalf or permissible
under the Payment of Wages Act, 1936. The facilitator shall ensure the disbursement
of wages in the presence of an authorized representative of NHAI by obtaining a
certificate under the signature of such authorized representative, at the end of the
entries in the register of wages. If the facilitator fails to comply with any of the
provision under any Act or rule or regulation applicable to it and as a consequence of
which the NHAI is compel to bear anyadditional financial burden such as fine, penalty,
lose or of any other nature, the NHAI reserves the right to recover such amounts from
the invoices of the facilitator along with interest without prior notice.

i. The Facilitator shall maintain prescribed Attendance Register for the deployed
manpower regularly and submit for inspection on demand by NHAI even after
expiryof the period of present contract.

ii. The Facilitator shall be required to submit to NHAI consolidated monthly salary,
deduction, allowances statement of each employee deployed to work duly signed
along with the bills of payment for records.

iii. The Contractor shall ensure for holding of valid licenses for providing facility
servicesfrom the concerned Govt. Departments including RO-Raipur / PIUs under
all statutory orders/notifications etc. and laws applicable.

iv. The Contractor shall submit an affidavit on due contribution of PF/ESI for the
previous month, stating that they have disbursed all the due wages and has also
deposited thedue contribution of ESI and PF in the ESI and PF department in each
month, before submitting the contractor’s bill to finance/accounts department for
payment to the Contractor.

v. All the statutory obligations relating to Gratuity, PF, ESI, Bonus weekly off,
minimum wages, workman compensation, Leave etc. and other requirements like
uniform/washing allowance to be provided to the workers in facility services shall
be the sole responsibility of the Agency.

vi. To ensure compliance, the facilitator has also to give an undertaking on an

Affidavit that if they have not paid any dues to the contract personnel deployed
by them and has not deposited the due contribution of ESI and PF, Contractor shall
be responsibleto pay such dues to the workers and the balance contribution of ESI
and PF in future including the interest & penalty if any imposed by any Statutory
Authority of Competent Jurisdiction.

2. COMPENSATION
The Facilitator shall ensure that the property of NHAI is not damaged in anyway due
to carelessness of deployed manpower. In case of any injury of major accident the
agency shall be required to compensate to the deployed manpower suitably due to the
negligence and for not exercising due diligence. RO-Raipur will not be responsible on
this account inany way. The Facilitator/ agency will also ensure proper compensation
to the deployed manpower on account of injury/death during the course of their
deployment. The Facilitator /agency shall make necessary insurance arrangements for
the manpower deployed and deposit the policy with NHAI. Insurance policy will cover
all staff deployed under contract for any injuries / fatal accident / death in any
accident.

33
3. FORCE MAJEURE
Neither party shall be considered in default in the performance of its obligation under
this agreement, if such performance is prevented or delayed on account of war, civil
commotion, epidemics, fire, unprecedented floods, acts of god or events beyond the
reasonable control of the Affected Party which could not reasonably have been
expected to occur, exceptionally adverse weather conditions, lighting, earth quake,
cyclone, or because of promulgation of any law or regulations by the govt. or any
judgment of any court of Competent Jurisdiction or Statutory Authority in India made
against the Contractor/Facilitator in any proceedings for any reason other than
failure of Contractor/Facilitator to comply with any Applicable Law or Applicable
Permits or on account of breach thereof. At the time of occurrence of a force-
majeure condition, the affected party shall give a notice in writing within 15 days
from the date of occurrence of the force-majeure condition indicating the cause of
force-majeure condition and the period for which the force-majeure condition was
likely to subsist. In the event the affected party is prevented from fulfilling its
obligation under the agreement owing to the force- majeure condition continuing for
more than 30 days, both Parties shall consult each other regarding the continuation of
this agreement including early termination.

4. DEDUCTION OF INCOME TAX AND PAYMENT OF SERVICE TAX

(i) Income tax shall be deducted from all the accepted payment to be made so far, in
accordance with the provisions of Income Tax Act, 1961. Firm must be registered for
workcontract tax and also quote their PAN number.
(ii) Service Tax or any other tax as applicable for the service provided to NHAI
shallbe borne by the bidder/contractor to whom the contract is awarded.

5. TERMINATION AND PENALTY

i) The Contract may be terminated even before the stipulated period by either
partygiving the other one month’s notice in writing.
ii) Either party may also Pre-Terminate for any just cause like Force- Majeure upon
one month’s advance notice in writing to the other party. Any violation of
agreement or suppression of facts will attract termination of agreement by giving
30 days‟ notice. Any Pre-Termination of this agreement shall not prejudice the
rights or claims of eitherparty which may have accrued prior to such termination.
iii) In case the agency fails to abide by the terms and conditions, the NHAI besides
termination will be at liberty to obtain the Facility Services from any other agency
at the risk and cost of the successful bidder/Agency.
iv) If any personnel is deployed by Facilitator without uniform NHAI may
imposepenalty @Rs. 2000/- per day.

6. ADDITIONAL SERVICES
If required by the RO-Raipur, the agency shall also be required to provide additional
services / manpower of the categories which are not covered under Section relating
to Staff Deployment at the offices of RO/PIUs, at the rates as decided by the RO-
Raipur/PIUs or minimum wages, whichever is higher.

7. ENHANCEMENT
a) No enhancement in the rate (%) quoted against service charges / contractor’s
profit will be allowed during the contract period on any account. However, only on
statutory increase in wages, enhanced rate of wages shall be paid by NHAI to the
Facilitator for payment to workers deployed in NHAI.
b) The total number of Manpower may be increased or decreased as mentioned in
scope of work as per requirement, after approval of competent authority, NHAI.
The wagesof all additional manpower will be as per contract only.
c) RO- Raipur may ask the Facilitator for requirement of manpower of the post /
categorywhich are not mentioned in scope of work.

34
 d) Any increase/s in minimum wages as revised by the State Government from time
to time shall be brought to the notice of the RO-Raipur by the Facilitator.
Accordingly, if applicable, the same shall be enhanced along with the applicable
rate of PF & ESI and any other statutory dues thereon.
e) Salary/wages etc. of all categories of staff deployed under facility services shall
be paid by the facilitator and shall be reimbursed by the RO-Raipur after
submission of the bills along with supporting documents in this regard by the
Facilitator.
f) The facilitator in addition to weekly off shall provide 01 Casual Leave (CL) per
month to the persons deployed and the same shall be reimbursed to the facilitator
st
by NHAI. The unused CL shall lapse on 31 December of every year or the end of
the contractwhichever is earlier.

8. Insurance under Group Insurance Policy (GIP):

The Service Provider shall maintain at its own expense, professional liability insurance
including coverage for errors and omission caused by Services Provider’s negligence in
the performance of their duties under the Contract: (A) for the amount equivalent to
total payments for remuneration and reimbursable expenditure made or expected to be
made to the Service Provider hereunder or (B) the proceeds that the Service Provider
may be entitled to receive from any insurance, maintained by the Service Provider, to
cover such as liability, whichever of (A) or (B) is higher. The Policy should be issued
only from nationalized insurance company. The Service Provider shall not cancel the
policy mid- term without the written consent of the Employer and shall submit an
undertaking from the Insurance Company in this regard.

9. OVER PAYMENTS & UNDERPAYMENTS

9.1 Wherever any claim for payment of a sum of money to NHAI arises out of or under this
contract against the Facilitator, the same shall be deducted by NHAI from any
subsequentpayment due to the Agency & if fall short all such remaining payment shall
be recoverableby the RO-Raipur/ PIUs from the security deposit.

10. If any damage / theft are caused to the assets / property / office equipment by staff or
supervisor of the Facilitator then the Facilitator shall bear the cost and NHAI may
deduct and withhold the payment equal to the sum of assets and property without
serving any notice.

16.1. CANCELATION OF CONTRACT IN FULL OR IN PART

(i) If the Facilitator at any time defaults in proceeding with the work and continues
to do so for 30 days from the date of receiving a notice in writing from RO-
Raipur.
(ii) Commits default in complying with any of the terms and conditions of contract
and does not take effective steps to rectify it within 15 days from the date of
receiving anotice in writing from RO-Raipur.
(iii) Fails to provide the services stated in the scope of work and does not complete
them within 15 days from the date of receiving a notice in writing from RO-
Raipur.

In the event of default by the facilitator on any of the above, the RO-Raipur
may without prejudice to any other right to remedy which shall have accrued or shall
accrue thereafter to RO-Raipur by written notice, cancel the Contract as per whole or
only such work where the facilitator is in default. The balance or the work withdrawn
from the facilitatorwill be got executed through other agency at the Risk & Cost of the
defaulting facilitator. The excess expenditure if any in completion of the balance work
or the work withdrawn willbe recovered from the defaulting facilitator.

35
 Besides above, a penalty as deemed fit to the RO-Raipur shall be recovered from the
facilitator. In case of part cancellation, the services shall be taken by NHAI from any
otheragency by nomination as decided by the Competent Authority at the risk and cost
of the contractor / facilitator.

16.2 RO-Raipur shall on such cancellation have powers to take possession of the site and any
materials thereon; and /or carry out the incomplete work by any means at the risk and
costof the Facilitator. Any excess expenditure incurred or to be incurred by RO- Raipur
in completing the works or part of the works or the excess, loss or damages suffered or
maybe suffered by as aforesaid after allowing such credit as shall be recovered from any
money due to the Facilitator on any account and if such money is not sufficient the
Facilitator shallbe called upon in writing to pay the same within 30 days.

17 Dispute Resolution

17.1 Any dispute, difference or controversy of whatever nature howsoever arising under or
out of or in relation to this agreement (including its interpretation) between the parties,
whether during the execution of the work or after the completion and so notified in
writing by either Party to the other Party (the “Dispute”) shall, in the first instance, be
attempted to be resolved amicably in accordance with the Conciliation Procedure as set
forth below.

17.2 The parties agree to use their best efforts for resolving all disputes arising under or in
respect of this Agreement promptly, equitably and in good faith and further agree to
provideeach other reasonable access to all the records, information and data pertaining
to any dispute.

17.3 CONCILIATION- In the event of any dispute between the parties, either party may
require such dispute to be referred to the Member (A) NHAI for amicable settlement
thereof, and upon such reference the Member (A) NHAI shall refer the dispute to one
conciliator of the rank of General Manager and the parties shall agree on the name of a
sole conciliator appointed by Member (A) NHAI, for commencement of conciliation
proceedings. The conciliation proceedings shall be in accordance with the procedure
prescribed in PART III “CONCILIATION” of the Arbitration and Conciliation Act, 1996 as
amended by the Arbitration and Conciliation (Amendment) Act 2015.
17.4 The Parties agree that the process of Conciliation and Amicable Settlement Mechanism
will be a Pre-requisite condition before taking recourse to the operation of the
Arbitration Clause.
18. Arbitration

18.1 The parties agree that any dispute or difference arising under or out of or in relation to
thisagreement, which is not resolved amicably by conciliation, as provided above, shall
be finally decided by reference to Arbitration by a sole Arbitrator and shall be referred
to SAROD (Society for Affordable Redressal of Disputes) for resolution by Arbitration in
accordance with rules and procedure of SAROD and the provisions of the Arbitration
and Conciliation Act, 1996 as amended by the Arbitration and Conciliation
(Amendment) Act 2015. It is mutually agreed upon by the parties that the sole
Arbitrator shall be appointed in compliance of the Rules and Procedure of SAROD. The
parties shall choose the sole Arbitrator from the panel of Arbitrator empanelled by
SAROD (subject to compliance of furnishing of disclosure in writing as per Section 12,
th th th
Schedule 5 & 7 and in the form prescribed in Schedule 6 of Arbitration &
Conciliation (Amendment) Act, 1996 as amended up to date). The terms of appointment
of sole Arbitrator including the fees of Arbitrator and the expenses likely to be incurred
in the Arbitration shall be governed by relevant Rules of SAROD.

36
18.2 The place of Arbitration and the venue of hearings of the Arbitral Tribunal shall be at
NHAIHQ or at any nearby alternate accommodation at New Delhi only.

19. GOVERNING LAW AND JURISDICTION

This agreement shall be construed and interpreted in accordance with and governed by
the Laws of India and the Courts at respective State shall have jurisdiction over all
matters arising out of or relating to this agreement.

20. GENERAL
a) In the event of any dispute over the interpretation of any of the clauses of this
agreement or any part thereof including definitions, the decision of Member
(Admn.),NHAI shall be final and binding on agency.
b) The jurisdiction of legal complaints shall be confined to New Delhi only.
c) The RO-Raipur and Facilitator shall make every effort to resolve amicably by
directnegotiations, any disagreement or dispute arising between them under the
contractor in connection with it.
d) In the case of a dispute or difference arising between the NHAI and
Facilitator/Contractor relating to any matter arising out of or connected with
thiscontract, such dispute or difference shall be referred to Hon’ble Courts in
respective State only and the decision of Hon’ble Court i.e. Lower Court,
High Court & Supreme Court shall be bidding on both the parties.

21. The Facilitator shall issue photo identity cards at his own cost with the details viz.
name, Father’s Name, Date of Birth, Name of the Organization with address and
telephone No., blood group etc. to each and every worker, supervisory staff. Security
staff shall be at liberty to exercise check on any of the works, supervisors while
entering, search them in the premises during the work and while leaving from the
premises. The Facilitator shall also make arrangements to provide 2 sets of summer
uniforms in the month of March (with firm’s logo and name of worker) and 2(two) sets
of winter uniform in the month of October with pullover (with firm’s logo and name of
worker) to each employee, per year at its own cost and will be distributed well before
the one set of the season in presence of representative of NHAI.

22. All the statutory obligations relating to Gratuity, PF, ESI, Bonus weekly off, minimum
wages, workman compensation, Leave etc. and other requirements like
uniform/washing allowance to be provided to personnel in facility services shall be the
sole responsibility ofthe Agency.

23. INTER-SE-RELATIONS:

23.1 In all circumstances it is clearly understood by the parties that the personnel deployed
by the Facilitator shall have no connection whatsoever with the RO-Raipur and the
relationshipof master and servant or employer and employee shall be only between the
Facilitator and the personnel. NHAI will have no administrative, supervisory and
managerial control over the personnel deployed by Facilitator.

23.2 In case of termination of this contract on its expiry or otherwise, the personnel deployed
by the service providing agency shall not be entitled to and will have no claim for any
absorptionnor for any relaxation for absorption in the regular / otherwise capacity in the
NHAI.
23.3 The Contractor / facilitator shall at all times (including after employment ends
for anyreason):

37
 i) Hold all confidential information in confidence and not discuss, communicate
or transmit to others or make any unauthorized copy of or use the information
held by you in fiduciary capacity or in any other capacity, position or business
unrelatedto NHAI and unauthorized by NHAI;
ii) Use the confidential information in confidence only in furtherance of proper
RO- Raipur related reasons for which such information is disclosed or
discovered; Take all reasonable action, that NHAI deems necessary or
appropriate, to preventunauthorized use or disclosure of, or to protect NHAI‟s
interests in, the confidential information excepts as required by law to do so.

24. OTHER TERMS & CONDITIONS OF THE CONTRACT

24.1 Removal of Workmen: The Facilitator shall replace the person from the works who in
the opinion of the NHAI officer, misconducts himself or is incompetent or negligent in the
proper performance of his duties. Such person shall not be again employed upon the
works without permission of the NHAI officer.

24.2 Instruction and Notices; All notices required to be given by one party to the other
party on the address given by agency and all other communications,
documentations and proceedings which are in any way relevant to this
Agreement shall be in writingand in English language.
All notices to be given by the RO-Raipur or by the Manager (Admn) to the Facilitator
under the terms of contract which shall be served upon them by Registered Post or
Speed Post or delivering the same to the contractor’s place of business, herein given
above.

38
 (SECTION-VII)

SPECIAL CONDITIONS OF CONTRACT

39
 SECTION: VII
SPECIAL CONDITIONS OF CONTRACT

1. The Facilitator shall make arrangement to issue Plastic Identity cards with Photographs
to each of the staff for entry into the premises. These I cards shall be issued by the
Facilitator at his cost. Security staff shall be at liberty to exercise check on any of the
workers, supervisors while entering, search them in the premises during the work and
whileleaving from the premises.

2. In case it is felt by the NHAI officer or his authorized representative that any workman
or supervisor of the Facilitator is not suitable for carrying out the job or for supervision
then the workmen or the supervisor is to be replaced immediately by the Facilitator on
receivingofficial communication from NHAI.

3. All work under and in course of execution shall at all times be open to the inspection
and supervision of the NHAI officer or his authorized subordinates. Orders given to the
contractor’s agent shall be considered to have the same force as if these have been
givento the Facilitator himself.

4. The facilitator shall undertake unconditional certificate to comply with all the provision
provided in the Labour Law and responsibilities of the Principal Employer and indemnify
the RO-Raipur against any claim whomsoever arising out of this assignment

5. Period of contract

The Contract shall be valid initially for a period of 02 (two) years from the date of
execution of agreement/issue of work order. The Contract can further be extended on
mutual consent on the same terms and conditions.

6. Extension of contract
If the Facilitator shall desire an extension of contract he shall apply in writing to the
NHAI officer within 30 days before the expiry of contract. NHAI will decide whether the
Contractcan be extended or not and shall communicate the same to the Facilitator

7, During the tenure of the contract the Facilitator has to coordinate his work with
otheragencies working inside or outside the building while attending to his jobs.

8. Overtime rate per day (8 hrs) for working on Sundays, Gazetted holidays and beyond
working hours (as applicable) will be paid on pro rata basis of the daily quoted rate for
respective manpower. No overtime will be paid for working from 9.30 to 6.00 pm on
Saturdays.

9. If any staff is required to visit MoRT&H, or any other Ministry / Department of

Government of India or any other local area related with official work assigned by their
controlling officers, he/she will be paid local conveyance allowance @ Rs.4.00 per km.
The amount of local conveyance will be reimbursed to the Facilitator by NHAI.

10. The Facilitator shall pay & continue to pay during contract and also pay till full
settlement with the labour (s) or workers for all statuary requirements applicable as
per rules and applicable law, including gratuity / retrenchment benefits pertaining to
the currency of the contract. He shall indemnify NHAI and shall keep NHAI indemnified
against such claims.

11. In the event of the Facilitator committing any breach of any terms and conditions
herein contained and /or required to be observed and performed by the Facilitator for
the satisfactory and faithful performance of the contract, NHAI shall be at liberty to
terminate
40
 this contract by giving three months’ notice and without assigning any reason and
NHAIshall be entitled to forfeit the security deposit or any part thereof.

12. In case of non-compliance of contract obligations with regard to and also in case of any
damages or breakages to the buildings and fittings attributable to Facilitator’s labour,
Facilitator will be responsible for repairing /replacing the same at his cost failing which
cost with suitable penalty shall be imposed on the Facilitator by officer of RO- Raipur
/PIUs whose decision shall be final and binding on the Facilitator.

13. Indemnity

13.1 The Contractor/Facilitator shall indemnify and undertakes to keep indemnified and save
harmless and defend the NHAI including all its officers, directors, employees, agents
and its affiliates and subsidiaries from and against any and all claims, demands,
actions, proceedings, costs, expenses (including, but not limited to, legal and other
professional fees and expenses) losses, damages and other liabilities etc. of any nature
whatsoever, suffered or incurred by NHAI and that may be raised by its workmen or by
any third party in connection with the obligations under this contract and/or instituted
as a result of any breach or default on the part of the Contractor/Facilitator of any
applicable laws, rules or regulations with respect to the workmen supplied or otherwise
because of non-payment of taxes/failure to comply with applicable laws relating to the
Contractor’s Business.

13.2 The Contractor/Facilitator shall indemnify and compensate the NHAI, if the NHAI as
principle employer under the Contract Labour (Regulation & Abolition) Act, 1970 or
under any other Statutory Legislation becomes liable to assume any liability, penalties
and/or obligations arising out of and from the aforesaid Acts or other similar
legislations.

13.3 NHAI shall not be held liable vicariously or otherwise for any deeds, promises, offences
or misconduct committed by the Contractor/Facilitator or any of its workers deployed.
The persons deployed by the Contractor/Facilitator shall be bound to exercise a duty of
care in the rendition of any service and/or in the conduct of any activities pursuant
thereto and shall keep NHAI indemnified from and against any lose caused to or
suffered by the NHAI due to any act of omission or commission or negligence or willful
misconduct whatsoever or any declaration found to be false or incorrect of the
Indemnifying Party.

14. Confidentiality

That the contractor/facilitator and the workers deployed by it and/or any of its
personnel staff shall not either during the period of this contract or at any time
thereafter, divulge or use or disclose to any third party, the secrets or confidential
information including but not limited to details of office, operation process, technical
know-how, security/administrative/organizational matters or any information relating
to business or affairs of NHAI and/or its affiliates which the contractor/facilitator is
exposed to or is received or which may have acquired during the course of the
performance of the outsourced services or pursuant to any activities conducted for
NHAI, and the Contractor/Facilitator shall indemnify and keep indemnified the NHAI
from any loss or damage arising from breach of this undertaking. The
Contractor/Facilitator/Service Provider shall take the necessary steps to cause its
officers/employees to observe the confidentiality provisions hereof.

41
 (SECTION-VIII)

ANNEXURES, FORMS OF APPLICATION, LOA & AGREEMENT

42
 Annexure-I
Power of Attorney for signing of Bid
[Refer Clause 5.1(b) of Section-III, ITB)]
(To be given on Non-judicial stamp paper and duly notarized)
Know all men by these presents, We, …………………………… (name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. /Ms
(Name), ………………… son/daughter/wife of .......................... and
presently residing at , who is presently employed with us and holding the position of
…............................. , as our true and lawful attorney(hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as
arenecessary or required in connection with or incidental to
submission of our bid for ............................................................. Project proposed
or being developed by the National Highways Authority of India (the “RO-Raipur”) including but
not limited to signing and submission of all applications, bids and other documents and writings,
participate in bidders‟ and other conferences and providing information / responses to the RO-
Raipur, representing us in all matters before the RO-Raipur, signing and execution of all contracts
including the Concession Agreement and undertakings consequent to acceptance of our bid, and
generally dealing with the RO-Raipur in all matters in connection with or relating to or arising
out of our bid for the said Project and/or upon award thereof to us and/or till the entering
into of the ConcessionAgreement with the RO-Raipur.

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 Attorney pursuant to and in exercise of
the powers conferred by this Power of Attorney and that all acts, deeds and things done by
our said Attorney in exercise of the powers hereby conferred shall and shall always be
deemed tohave been done by us.

IN WITNESS WHEREOF WE,................................. , THE ABOVE NAMED PRINCIPAL

HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS..................................... DAY
OF …………………….., 20.…..
For……………………………..
(Signature, name, designation and address)
Witnesses:
1.
2.
Accepted Notarized
(Signature, name, designation and address of the Attorney)

Notes: The mode of execution of the Power of Attorney should be in accordance with theprocedure, 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. The Power of Attorney should
be executed ona non-judicial stamp paper of Rs. 50 (fifty) and dulynotiarised by a notary public.

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.

For a Power of Attorney executed and issued overseas, the document will also have to be legalised by
the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the
Power ofAttorney provided by Bidders from countries that have signed the Hague Legislation Convention, 1961 are
not requiredto be legalised by the Indian Embassy if it carries a conforming Apostle certificate.

43
 ANNEXUE-II

AFFIDAVIT

(To be given on a Non-judicial stamp paper and duly notarized)

1. I, the undersigned, do hereby certify that all the statements made in the
requiredattachments and bid application are true and correct.

2. The undersigned also hereby certifies that neither our firm

nor any of its constituent partners if any have
abandoned any work or works on National Highways Authority of India nor any contract
awarded to us for such works has been rescinded during last five years prior to the
date of this bid. We also hereby declare that neither our firm nor any partner/ director
has even been black listed by any Govt/PSU/Statutory Authority or suspended for any
period of contract or penalized for any breech.

3. The undersigned also furnish undertaking that we are not declared by any court of law
asproclaimed offenders also that we are not convicted under any law for the offences
punishable under Indian Penal Code, TADA, POTA, Negotiable Instruments Act or any
Labour/employee beneficial legislation‟s.

4. The undersigned hereby authorise(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by NHAI
toverify this statement or regarding my (our) competence and general reputation.

5. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the NHAI with
instipulated specified period.

(Signed by an Authorised Officer of the Firm)

I/We ....................................... the above named deponent do hereby verify that

the contents of the aforesaid paragraphs 1 to 5 are true and correct to the best of my/our
knowledgeand belief and nothing is concealed there from. Verified at this ........... day of
……………….2024

(Signed by an Authorised Officer of the Firm)

Title of

OfficerName of

the Firm

44
 ANNEXURE- III

UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s

would invest a
minimum cash up to 25% of the value of the work during implementation of the Contract
towards the working capital.

(Signed by an Authorized Representative of the Firm)

Name of the Representative

Name of Firm

DATE

45
 ANNEXURE- IV

UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s

agree to abide by this bid for a period of
days after the date fixed for receiving the same and it shall be binding on us and
may be accepted at any time before the expiration of that period.

(Signed by an Authorised Representative of the Firm)

Name of the Representative

Name of Firm

DATE

46
 ANNEXURE- V

UNDERTAKING

I, the undersigned do hereby undertake that our firm/individual/Proprietor(s)/ Board of

Directors etc. of the firm have been or have not been (strike whichever is applicable) black-
listed/ debarred/ suspended/ held non-performer etc. by any Central Govt./State
Govt./Autonomous Body/PSU/Pvt. Sector etc.

2. Further, no litigation or arbitration has been made by/against our firm/any

individual/Proprietor(s)/ Board of Directors etc.

OR

1. The details of black-listing/debarment/suspension/non-performance etc. by

CentralGovt./State Govt./Autonomous Body/PSU/Pvt. Sector etc. is given as
under :-

2. Details of litigation/arbitration by/against our firm/any

individual/proprietor(s)/Boardof Director(s) this firm is given as under :-

(Signed by an Authorized Representative of the Firm)

Name of the Representative

Name of Firm

DATE

47
 ANNEXURE- VI

FORM OF LETTER OF APPLICATION

To

The Regional Officer

Regional Office Raipur
National Highways Authority of India
Plot No I-21, Anupam Nagar
Beside TV Tower – Raipur – CG
Pin : 492006

Sub: Description of Works-Facility Services in NHAI‟s Regional Office-Raipur.

Dear Sir,

Having examined the Bid Document, Instructions to Bidders Qualification Information, Scope
ofworks, etc. for the subject work. We hereby submit our bid for the subject work.
It is certified that the information furnished in this document is true and correct. The
proposal is unconditional and unqualified. I/We, the undersigned unconditionally accept that
NHAI reservesthe right to reject any or all application without assigning any reason.

Thanking you,

Yours faithfully,

(Authorized Signatory)
for and on behalf of M/s

48
 Annexure-VII

Tender 2024 for Facility Services for NHAI’s Regional Office-Raipur

1. Name of Tendering Company/Firm/Agency with Regn. No., if any

:(Attach Certificate of Registration/Certificate of
Incorporation/MOU) (Pl. Indicate page. no. also)

2. (a) Name of the Proprietor/owner(s)/Active Partner(s)/Directors of the

Company/firm/agency :
(b) Name of the Officer/authorized representative as per POA (Annex.–I)
(c) Name of the Sr. Person of the firm whose CV has been :
attached
in the bid document (Indicated page no. at which CV has
been given)
(d) year of Constitution of company/firm etc.
(e) Legal status of Bidder (Proprietorship/Partnership or Pvt.
Ltd.firm) [Upload scanned copy of original]
(f) Place of registration:

(g) Principal place of business:

(h) Total value of work done in the last three years = Rs………………………..
(i) Annual Turn Over during the following Financial Years (Upload scanned copies of
certificatefrom Chartered Accountant also to substantiate)

Average Turn Over :

3. Complete address of the Registered Office of the :

Co./Firm/Agency
Telephone No./FAX No./E-Mail Address :

4. Complete address of Operating/Branch Office at Delhi/New :

Delhi
5. Bank details of the Company/Firm/Agency :
(Name of the bank/branch/Account No./Type of
Account
IFSC Code/RTGS details etc.)
(Attach cancelled cheque-(Indicate page. no. also)

6. (a) Details of Demand Draft towards Cost of Bid document

(DD/PO No. & Date Drawn on Bank) :
(Attach Copy and indicate page. no. also)
(b) Details of Demand Draft towards Earnest Money Deposit
(DD/PO No. & Date Drawn on Bank) :
(Attach Copy and indicate page. no. also)

7. Furnish the following information (Whichever is applicable)

i. PAN/GIR No. (Attach Copy and indicate page. no. also) :
ii. TIN No. (Attach Copy and indicate page. no. also) :
iii. GST No. (Attach Copy and indicate page. no. also) :
iv. Certificate of Incorporation (Attach Copy and indicate page. :
no. also)
v. Labour license No. (Attach Copy and indicate page. no. also) :
vi. EPF Regn. No. (Attach Copy and indicate page. no. also) :
vii. ESI Regn. No. (Attach Copy and indicate page. no. also) :
viii. MoU, if Any (Attach Copy and indicate page. no. also) :
ix. CBEC Regn. (Attach Copy and indicate page. no. also) :
x. Sales Tax Regn. No. (Attach Copy and indicate page. no. also) :
xi. ESIC Code No. (Attach Copy and indicate page. no. also) :
49
8. ‘Average Annual Turn Over’ for the following financial
years : (Attach CA certificate to this effect and
indicate page. no. also)
Financial Year 2019-20 2020-21 2021-22
Average Turn
Over

9. Detail of Work. (Attach work experience/contract agreement(s)/work completion

certificate(s) issued by the organizations and indicate page. no. also)
Name of Period of Value of Work Whether value of work given in col. 3 of
Work this
Organization Experience table is against one work/contract

agreement (Yes/No). If yes, enclose copy

of
agreement & satisfactory work
completion
certificate showing value of work also.
1 2 3 4

10. Additional information, if any (Attach separate sheet, if required).

Date : Signature of authorized person

Place : of the agency Full Name &
Designation.:
Seal:

Note :(i) A certificate shall be attached that details and documents as given in annexure
have been checked and verified and are found to be correct. This shall be signed by
the authorized person on behalf of the bidder.

(ii) The documents/details provided in this annexure shall be taken on face. These
are subject to verification by NHAI. In case of any document/information found false,
at any stage, the tender of the bidder shall be summarily rejected besides any other
remedy/penalty as deemed fit by RO-Raipur.

50
 Annexure-VIII

Experience-cum-Work completion Certificate

(To be issued by the Authorized Officer of the Organization

where the agency has provided manpower services for routine office
work)

This is to certify that M/s.................................. (name of the agency) has provided

.............................................. (name of the services) to this office from ............
to ..... , as per details as under :-

1. Name of the work/contract agreement ...........................................................

2. Whether there is one contract agreement for the said work : Yes/No

3. Actual period of work as per initial contract agreement: From...........To .............

4. Estimated Cost of the Contract: Rs.....................................................

5. Payment made to M/s .................. during the period of contract (amount paid to the

agency during the extended period of contract not to be included) : Rs................

6. Has the contract been extended beyond initially approved contract period: Yes/No

7. If yes, the date of such extension: From .................. To .....................

8. Payment made to the firm during the extended period : Rs.................................

9. Performance of the firm during the contract period : Satisfactory/Not Satisfactory

Place : (Name, designation and signature of the authorized Officer)

Date : Office Seal

51
 FORM OF LETTER OF ACCEPTANCE

No. …………………………. Dated ………..

To

M/s………………………….

Sub.: …………………………. Name of Work …………………………………

Sir,

Based on your bid submitted on................ in compliance of bidding document

of NHAI for execution of the work of ................................................. , it is
hereby notified that your bid for a contract price of Rs ........... (Rupees in
words ......................................................... ) has been
accepted for and on behalf of NHAI

You are hereby requested to sign the contract agreement failing which the actions
asstipulated in contract shall be taken.

Thanking you,
Yours faithfully,

(………………..)

52
 FORM OF AGREEMENT

AGREEMENT

This agreement made the day of

2024 between the National Highways Authority of India, New Delhi
(hereinafter called “the RO-Raipur” of the one part and (here in
after called “the Facilitator”) of the other part.

AND WHEREAS the RO-Raipur invited bids from eligible bidders for the execution of
certain works, viz………………………………………………

AND WHEREAS pursuant to the bid submitted by the Facilitator, vide (here in
after referred to as the “BID” or “OFFER”) for the execution of work, the RO-Raipur by his
letterof acceptance dated accepted the offer submitted by the Facilitator for
the execution and completion of such works and remedying of any defects thereon, on terms
and conditions in accordance with the documents listed in para 2 below.

AND WHEREAS the Facilitator by a deed of undertaking dated has agreed to abide
by all the terms of the bid, including but not limited to the amount quoted for the
execution of Contract, as stated in the bid, and also to comply with such terms and
conditions as may be required from time to time.

AND WHEREAS the Facilitator has agreed to undertake such works and has furnished a
Performance Security pursuant to clause 33 of the instructions to bidders (Section-II).

AND WHEREAS the Facilitator (i.e. M/s …) agreed to provide their services at the
totalcontract price of Rs for the period of two years.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this agreement words and expressions shall have the same meaning as are
respectively assigned to them in the Terms Conditions of contract hereinafter referred
to;
2. The following documents shall be deemed to form and be read and construed as part
ofthis agreement viz.

(a) Agreement,
(b) Letter of Acceptance
(c) Contractor's Bid, Bidding Documents,
(d) Contract Data,
(e) Conditions of Contract, General Conditions of Contract, Special
Conditionsof Contract, Conditions of NIT.
(f) Scope of Work
(g) Any other document listed in the Contract Data.

3. The foregoing documents shall be construed as complementary and mutually

explanatoryone with another. Should any ambiguity or discrepancy be noted then the
order of precedence of these documents shall be subject to the order as listed above
and interpreted in the above order of priority.

4. In consideration of the payments to be made by the RO-Raipur to the Facilitator as

hereinafter mentioned, the Facilitator hereby covenants with the RO-Raipur to
execute and complete the works and remedy any defects therein in conformity in all
respects withthe provisions of the contract.

53
 5. The RO-Raipur hereby covenants to pay the Facilitator in consideration of the
executionand completion of the works and remedying of defects therein, the contract
price or such other sum as may become payable under the provisions of the contract
at the times andin the manner prescribed by the contract.

IN WITNESS WHEREOF the parties here to have caused this agreement to be executed the day
and year above written. Signed, sealed and delivered by the said RO-Raipur through his
Authorized Representative and the said Facilitator through his Power of Attorney holder.

Binding Signature of RO-Raipur

For and on behalf of National Highways Authority of India, New Delhi – 110 075

Binding Signature of Facilitator

For and on behalf of M/s.

In the presence of In the Presence of

1. Name : 1. Name:
Address: Address:

2. Name : 2. Name:
Address: Address:

54
 FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY

Ref.: Bank Guarantee:

Date:

To,

The Chairman,
National Highways Authority of
IndiaPlot No.: 5 & 6, Sector-10,
Dwarka, New Delhi – 110

075Dear Sir,

In consideration of “National Highways Authority of India (NHAI)” (hereinafter referred as the

“Client”, which expression shall, unless repugnant to the context or meaning thereof include it
successors, administrators and assigns” having awarded to M/s. (hereinafter
referred to as the contractor, which expression shall unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns), a contract by issue of client’s
Contract Agreement No. dated
, and the same having been unequivocally accepted by the Contractor, resulting in a
contract valuedat for (name of the
project) (hereinafter called the “Contract”) and the Contractor having agreed to furnish a Bank
Guarantee to the client as Performance Security as stipulated by the client in the said contract for
performance of the above Contract amounting to
(in words & figures).

We (name of the Bank) having its Head Office at (hereinafter referred to

as theBank), which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators executors and assigns) do hereby guarantee and undertake to pay the
client immediately on demandany or, all monies payable by the Contractor to the extent of as
aforesaid at any time upto
@ without any demur, reservation, contest, recourse or protest
and / or without any reference to the contractor. Any such demand made by the client on the Bank
shall be conclusive and binding notwithstanding any difference between the Client and the
Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other RO-Raipur. We
agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable
till the Client discharges this guarantee.

The Client shall have the fullest liberty without affecting in any way the liability of the Bank under
this Guarantee, from time to time to vary the advance or to extend the time for performance of the
contract by the Contractor. The client shall have the fullest liberty without affecting this guarantee,
to postpone from time to time the exercise of any powers vested in them or of any right which they
might have against the Client and to exercise the same at any time in any manner, and either to
enforce or to forebear to enforce any covenants, contained or implied, in the contract between the
client and the contractor any other course or remedy or security available to the Client.

"This guarantee shall also be operatable at our Branch at Raipur, 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 there under
claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation."

“The guarantor / bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) Platform& shall invariably send and advice of this Bank Guarantee to the designated bank
of NHAI. The details of designated Bank of NHAI is as under:

55
 Sl. Particular Details
No. s
1 Name of Beneficiary National Highways Authority of
India
2 Beneficiary Bank Account No. 2555201001065
3 Beneficiary Bank Canara Bank
4 IFSC Code CNRB0002555

The bank shall not be relieved of its obligations under these presents by any exercise by the Client of
its liberty with reference to the matters aforesaid or any of them or by reason of any other act or
forbearance or other acts of omission or commission on the part of the Client or any other indulgence
shown by the Client or by any other matter or thing whatsoever which under law would but for this
provision have the effect of relieving the Bank.

The Bank also agrees that the client at its option shall be entitled to enforce this Guarantee against
the bank as a principal debtor, in the first instance without proceeding against the Contractor and
notwithstanding any security or other guarantee that the client may have in relation to the
contractor’s liabilities.

Not with standing anything contained herein above our liability under this guarantee is limited toand it
shall remain in force upto and including @ and shall be extended from time to
time forsuch period (not exceeding one year), as may be desired by M/s. on
whose behalf this guarantee has been given.

Dated this , day of 2024 at .

Witness:

(Signature)

(Name)

(Official Address) (Designation, with Bank seal)

Attorney as per Power of Attorney

No.: ,
Dated

Strike out, whichever is not applicable.

The date will be eighteen months after the date of commencement of services.

Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who issues the
“Bank Guarantee”.

Note 2: The Bank Guarantee will be accepted which is issued by State Bank of India, or its subsidiaries
or any Indian Nationalized Bank. If the Bank Guarantee is drawn on a foreign bank it will be accepted
by NHAI only if such Guarantee is also accepted either by State Bank of India, or any of its subsidiaries
or any Indian Nationalized Bank.

56
 DECLARATION CUM INDEMNITY BOND

THIS DECLARATION CUM INDEMNITY BOND made at by M/s……………………………….………….

having its Regd. Office at (hereinafter referred to as
"Contractor / Authorized Service Provider/Authorized Service Provider" which expression shall unless it
be repugnant to the context or meaning thereof, be deemed to mean and include their respective
assigns, successors, executors and/or administrators) of the ONE PART.in favour of RO-Raipur
(hereinafter referred to as the "RO-Raipur", which expression shall unless it be repugnant to the
context or meaning thereof be deemed to mean and include its assigns, successors,) of the OTHER
PART.

WHEREAS the RO-Raipur has entered into a contract with the Contractor/Authorized Service
Provider/Authorized Service Provider for the "Facility Services in NHAI‟s Regional Office andits Project
implementation Units."

Vide Work Order No -------------------------------- (hereinafter called the "Contract");

AND WHEREAS it is one of the essential conditions of the Contract that the Contractor/Authorized
Service Provider shall comply with all the provisions of the Labour & Industrial Laws, as may be
applicable from time to time for the discharge and completion of the Works and or Services covered
under said Contract by the Contractor/Authorized Service Provider including but not limited to the
observance and compliance of The Contract Labour (R & A) Act 1970, Child Labour (Prohibition and
Regulation) Act 1986, The Employees Provident Funds & Miscellaneous Provisions Act, 1952, Employees
State Insurance Act 1948,Minimum Wages Act, 1948, Payment of Bonus Act, 1965, Payment of Wages
Act, 1936, Employees Compensation Act.1923, and other Labour Laws applicable to the
Contractor/Authorized Service Provider (hereinafter referred as the 'Laws').

AND WHEREAS the Contractor/Authorized Service Provider has agreed to execute this Declaration cum
Indemnity Bond to this effect and has agreed to indemnify and keep the RO-Raipur, its directors and
employees and representatives indemnified and hold harmless against all third party claims, charges,
penalties, fines, expenses, losses, damages, costs, suits or any other levy against the RO- Raipur
and/or the management due to the failure ofthe Contractor/Authorized Service Provider to observe or
follow any Laws.

NOW THIS DEED WITNESSETH AS UNDER:

1. In consideration of the RO- Raipur awarding the Contract to the Contractor/Authorized Service
Provider subject to the condition of execution of this Declaration cum Indemnity bond, the
Contractor/Authorized Service Provider declares and represents to the RO- Raipur that the
Contractor/Authorized Service Provider has obtained all statutory registrations, certificates,
licenses and approvals required under the Laws enabling the Contractor/Authorized Service
Provider to execute the Contract in a legaland lawful manner.

2. That in the event of any liability arising out of failure to observe or non-compliance ofany such
'Laws' by the Contractor/Authorized Service Provider in connection with theperformance of the
Contract, the Contractor/Authorized Service Provider shall bear all the resultant whatsoever
liability(ies), if any arising out thereof and that the RO- Raipur, its directors, employees,
representatives, shall not be liable for any such liability(ies). The Contractor/Authorized
Service Provider agrees to indemnify and keep the RO-Raipur and its directors, employees,
representatives indemnified, defend and hold harmless, against all losses, costs, damages,
claims, penalties, interest, expenses, demands, fines, legal liability, causes of action, injury to
persons, suits etc which may be suffered, incurred, undergone and / or sustained by the RO-
Raipur including the costs and

57
 expenses that may be incurred in defending any such liability(ies) claim (s), proceeding(s) etc.
that may he made or taken or arise on the same by any person, body, authority, government,
judicial / quasi-judicial authority due to the failure or non-compliance of any such laws and
rules there under (including any amendments in acts, laws, statutes & rules there under) of
whatsoever kind and nature arising outof or in any way connected with, whether or not such
acts or omissions are actual or alleged, active or passive with regard to the discharge of the
said Contract.

3. The Contractor/Authorized Service Provider hereby agrees and undertakes to make good any
loss , damage , claims, suits, demands, decrees, expenses that the RO- Raipur may suffer to
the fullest satisfaction of the RO-Raipur and if the Contractor/Authorized Service Provider
fails to make good the same then the RO- Raipur shall have the absolute (100%) right to
recover the same and or any other loss sustained, without any restriction or limitation
,together with any other incidentalexpenses, costs, and all incidental logistic expenses etc that
may be suffered by the RO- Raipur from the Contractor/Authorized Service Provider and the
Contractor/Authorized Service Provider hereby further confirms and declares that this Declaration
cum Indemnity Bond is irrevocable and shall be final and binding on it / him heirs, executors,
administrators, legal representatives, successors and assigns, wherever the context applies. Any
claims, demands, shall be adjusted against any amount due and payable to the
Contractor/Authorized Service Provider and the RO-Raipur shall have the right to withhold any
amounts due and payable to the Contractor/Authorized Service Provider, tillthe settlement of such
claims, disputes to the satisfaction of the RO- Raipur or alternativelymake demand sufficient security
from the Contractor/Authorized Service Provider towardsdischarge of such claims, obligations etc.

4. This Declaration cum indemnity bond shall be in accordance with the laws of India and any
dispute between the parties with regard to this Declaration cum Indemnity Bond shall be
resolved through the dispute resolution process mentioned in the General Conditions of the
Contract (GCC).

IN WITNESS WHEREOF, the said Contractor/Authorized Service Provider has hereunto settheir hand the
day and year first hereinabove written,

SIGNED SEALED AND DELIVERED

By the within named "CONTRACTOR/AUTHORIZED SERVICE PROVIDER"

(Authorized Signatory)
Rubber Stamp of Firm/RO- Raipur
Name:
Designation :
Date :

In presence of
Witness
Name & Address of Witness Signature

1.

2.

58
 Annexure-6

AGREEMENT

For Engagement of Site Engineer, Accountant, Stenographer, Computer Operator/Office Assistant,

Security Guard, Peon & Safaiwala (Part Time) from Placement/Security Services.

This agreement is made on this .................... day of .................. year

… .................... between…… … ........... Sh. /Smt…………………… S/o, W/o
Shri .......................... aged about years by occupation, business, a proprietor of Placement
Services/Security Services, having office at and a resident of and be referred as the part of ONE PART
AND the REGIONAL OFFICER/PROJECT DIRECTOR, NHAI, an autonomous body having office at
.............................................. hereunder referred to as "The Party of the second part"

NOW THIS AGREEMENT WITNESSETH and is hereby agreed by and between heretoas follows :

1. That the party of the FIRST PART will provide qualified, trained and experienced manpower
services i.e. Site Engineer, Accountant, Stenographer, Computer Operator/Office Assistant,
Security Guard, Peon & Safaiwala (Part Time) from Placement/Security Services.

2. That they will be the employees of the First Party and First Party will be responsible for the
payment of their consolidated wages including EPF, ESI and Bonus etc. which will be
reimbursed by the Second Party as per agreed rates.

3. The consolidated emoluments/minimum wages revised by the Central Government from time
to time or the minimum wages of concerned State Governments, whichever is higher, shall be
paid to the short term contract employees engaged through outsourcing/placement agencies.
All the wages will be consolidated except the agencycharges (which excludes GST, if any) which
will be charged over and above this. Tax at source will be deducted as per prevalent
Government rules.

4. The agreement shall remain valid for twelve month with effect from…………
Month ........ Year. However, the. SECOND Party may at any time extend of/ terminate this
agreement by giving the other party one calendar months' notice in writing.

5. The Court in the jurisdiction of the Project Office/Regional Office on part of theSecond Party
at ...................................... shall entertain and try all actions, suits and proceedings
arising out of the agreement.

In witness whereof the parties herein set and subscribe their respective hands, the day,month and
year first above written.

59
SIGNED SEALED AND DELIVERED

By the party of the FIRST PART

Within named at .................. In the presence of

1) ………………………………..

2) ………………………………..

(Party of the First Part)

SIGNED SEALED AND DELIVERED

By the party of the SECOND PART

Within named at .................. In the presence of

1) ………………………………..

2) ………………………………..

(Party of the Second Part)

60