Bid Document Volume I PKG 3

MADHYA PRADESH ROAD DEVELOPMENT
CORPORATION LIMITED
(Government of Madhya Pradesh undertaking)
Promoting Public Private Partnership in Madhya Pradesh

Road Sector Project (PPPPMPRSP)
ADB Loan Project Number: 51375-001-IND
Package - 3
Volume I
Bidding Documents
PROJECT ASSISTANCE BY:

ASIAN DEVELOPMENT BANK
South Asia Transport and Communications Division,
6, ADB Avenue, Mandaluyong City,
1550 Metro Manila, Philippines.
PROJECT IMPLEMENTING AGENCY:
Madhya Pradesh Road Development Corporation Limited
45-A , Arera Hills, Bhopal - 462011 (M.P.)
Ph. No. 0755-2527290/2765205, FAX : 0755-2572643,
Web : www.mprdc.gov.in, E-mail : [email protected]
MPRDP-VI/VII, Volume-I 2
PROCUREMENT OF WORKS –
Single-Stage: Two-Envelope (1S2E) Bidding Procedure
Civil Road No. Road Name Pkg Completion
Packa Length Period in
ges (In Km) Month
SH-36 Bhabra-Katthiwada-Kheda road 24 Months
Pkg-1 61.80
SH-36 Bhabra-Udaigarh road
SH-36 Udaigarh-Bori road 24 Months
Pkg-2 SH-36 Tanda-Bori road 54.65
SH-36 Tanda-Balwadi road
MP-MDR- 24 Months
Pkg-3 21.60
47-06 Jobat-Nanpur road
MP-MDR- 24 Months
Pkg-4 57.00
47-12 Alirajpur-Mathwad road
MP-MDR- 24 Months
48-04 Badwani-Badhan-Ambapani-Sindhi-Khodar-Silawad road
Pkg-5 25.20
MP-MDR-
48-08 Dhavabawdi-Balkua-Lonsara-Borlay road
Pkg-6 SH-24 Satna-Amarpatan road 29.30 24 Months
SH-24 Sirmour-Keonti road 24 Months
Pkg-7 50.2
SH-24 Rewa-Beeda-Semariya road upto Godha Junction
MP-MDR- Khanuakhas-Langhadol-Bindul-Gopad River Bridge to CG 24 Months
12-16 Border (Kamarji-Janakpur road)
Pkg-8 77.00
MP-MDR- Waidhan-Telai-Singrouliya-Makrohar-Badgad-Viharpur-upto
12-15 Chhattisgarh Border
MP-MDR- 24 Months
Pkg-9 52.60
15-07 Langhatola-Patna-Karpa-Sarai-Ahirgaon-Kelamania road
MP-MDR- 24 Months
Pkg-10 38
18-13 Pawai-Mohindra-Semaria road
MP-MDR- 24 Months
10-16 Badvar-Tamra-Sitapur-Mauganj Road
Pkg-11 57.35
MP-MDR-
10-14 Raipur-Karchuliyan to Supiya-Bhaluha-Mahsaon Road
MP-MDR- 24 Months
Pkg-13 46.40
14-03 Beohari-Bansukli-Sidhi Road
SH-09 Aaron Via Vidoriya-Raghavgarh 24 Months
Pkg-14 74
SH-09 Ashoknagar-Aaron Road (Upto Sindh River)
SH-2A Mohna-Patai Road 24 Months
Pkg-15 SH-2A Chitauli-Ranighati Road 35
SH-03 Bhitarwar-Karera Road
Pkg-16 SH-18 Aavan Road Maksudangadh to Janjali 39.4 24 Months
SH-41 Neemdana-Hirdagarh-Navegaon-Nidrai-Bordehi Road 24 Months
Pkg-17 68.4
SH-41 Tamiya-Junnardevi Road
Sahajpur-Ghatkhedi-salabaru-Pratapgarh, Ghatkedi - Pipaliya 24 Months
SH-22
Road
Pkg-18 87.3
Salabaru-Gutori-Deori-Gorakhpur-Ghalawan-Sadrai-Hirapur-
SH-22
Kakraghat Road
Pkg-19 SH-41 Maharastra Border-Kukru-Khamla-Bhaisdehi 30 24 Months
Pkg-22 SH-21 Sagar-Rehli (SH-15) 42.2 24 Months
Pkg-23 SH-48 Baihar-Lamta Road 52.2 24 Months
SH-1 Porsa-Mehgaon-Mau-Sevda Road 24 Months
Pkg-26 MP-MDR- 89.40
Jamna-Bilav Road
01-05
Bidding Document Procurement of Works Single-Stage: Two-Envelope

MP-MDR- Pahadgad-Sahasram Via Maran -Kanhar (Upto Khurjan Road) 24 Months

02-19
MP-MDR- Noorabad-Padhavali Road to Sanichra Road
02-12
Pkg-27 122.50
MP-MDR- Nepri to Brijgadi via Kishangad-Kukroli Road
02-15
MP-MDR- Kailaras to Jaura via Pahadgad-Manpur-Nirar-Pagara Road
02-16
MP-MDR- Semri-Sangakheda road 24 Months
33-13
Pkg-50 25.30
MP-MDR- Sonasawri-Sanwalkheda road
33-17
MP-MDR- Siddikganj-Hatpipaliya Road 24 Months
32-14
MP-MDR- Bhaukhedi-Amlaha-Dhamanda Road
Pkg-52 51.60
32-09
MP-MDR- Toomda-Patania-Barkheda Saalam road
31-05
Issued on : 27.02.2019
Invitation for Bids No. : 17863/MPRDC/Procu/PPPPMPRSP/24-CW/426/2019
dated 27.02.2019
OCB No. : 17863/MPRDC/Procu/PPPPMPRSP/24-CW/426/2019

dated 27.02.2019
Employer : Madhya Pradesh Road Development Corporation Limited

45-A , Arera Hills, Bhopal - 462011 (M.P.)
Ph. No. 0755-2527290/2765205,
FAX : 0755-2572643,
Web : www.mprdc.gov.in, E-mail : [email protected]
Country : INDIA

PREFACE
This Bidding Document for the Procurement of Works has been
prepared by Madhya Pradesh Road Development Corporation Limited, Bhopal
and is based on the Standard Bidding Document for the Procurement of
Works (SBD Works) issued by the Asian Development Bank dated December
2015.
ADB’s SBD Works has the structure and the provisions of the
Procurement Document entitled “Bidding Documents for the Procurement of
Works”, prepared by multilateral development banks and other public
international financial institutions, except where ADB-specific considerations
have required a change.

Table of Contents - Summary Description

PART I BIDDING PROCEDURES
Section 1 - Instructions to Bidders (ITB) ------------------------------------------------ 5-24
This Section specifies the procedures Bidders should follow when preparing and
submitting their Bids. Information is also provided on the submission, opening,
evaluation of bids, and on the award of contract.
Section 2 - Bid Data Sheet (BDS) -------------------------------------------------------- 25-35
This Section consists of provisions that are specific to each procurement and
supplement the information or requirements included in Section 1 - Instructions to
Bidders.
Section 3 - Evaluation and Qualification Criteria (EQC) --------------------------- 36-44
This Section contains the criteria to determine the lowest evaluated bid and the
qualifications of the Bidder to perform the contract.
Section 4 - Bidding Forms (BDF) ------------------------------------------------------- 45-80
This Section contains the forms which are to be completed by the Bidder and
submitted as part of its Bid.
Section 5 - Eligible Countries (ELC) -------------------------------------------------- 81-82
This Section contains the list of eligible countries.
PART II REQUIREMENTS
Section 6 - Employer’s Requirements (ERQ) -----------------------------------------
This Section contains qualification as per Section 3 of ITB
PART III CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section 7 - Hybrid Annuity Concession Agreement and Schedules --------------------------
(Contract/Concession Agreement) -----------------------------------------------------------------

This Section contains General Condition of Contract (GCC), Particular Condition of
Contract (PCC), Contract Forms (COF) and the Contract Agreement & Schedules on Hybrid
Annuity Model.

Section 1 - Instructions to Bidders
This Section specifies the procedures to be followed by Bidders in the preparation and submission
of their Bids. Information is also provided on the submission, opening, evaluation of bids, and on the
award of contract.
Table of Clauses
A. General
1. Scope of Bid 1.1 - 1.2
2. Source of Funds 2.1 - 2.2
3. Fraud and Corruption 3.1 - 3.2
4. Eligible Bidders 4.1 - 4.8
5. Eligible Materials, Equipment, and Services 5.1 - 5.2
B. Contents of Bidding Document

6. Sections of Bidding Document 6.1 - 6.4
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting 7.1 - 7.7
8. Amendment of Bidding Document 8.1 - 8.3
C. Preparation of Bids
9. Cost of Bidding 9.1
10. Language of Bid 10.1
11. Documents Comprising the Bid 11.1 - 11.4
12. Letters of Bid and Schedules 12.1
13. Alternative Bids 13.1 - 13.4
14. Bid Prices and Discounts 14.1 - 14.7
15. Currencies of Bid and Payment 15.1 - 15.7
16. Documents Comprising the Technical Proposal 16.1
17. Documents Establishing the Qualifications of the Bidder 17.1 - 17.2
18. Period of Validity of Bids 18.1 - 18.2
19. Bid Security/Bid-Securing Declaration 19.1 - 19.8
20. Format and Signing of Bid 20.1 - 20.3
D. Submission and Opening of Bids

21. Sealing and Marking of Bids 21.1 - 21.5
22. Deadline for Submission of Bids 22.1 - 22.2
23. Late Bids 23.1
24. Withdrawal, Substitution, and Modification of Bids 24.1 - 24.3

25. Bid Opening 25.1 - 25.11
E. Evaluation and Comparison of Bids

26. Confidentiality 26.1 - 26.3
27. Clarification of Bids 27.1 - 27.2
28. Deviations, Reservations, and Omissions 28.1
29. Examination of Technical Bids 29.1 - 29.2
30. Responsiveness of Technical Bids 30.1 - 30.4
31. Nonmaterial Nonconformities 31.1 - 31.3
32. Qualification of the Bidder 32.1 - 32.3
33. Correction of Arithmetical Errors 33.1 - 33.2
34. Conversion to Single Currency 34.1
35. Margin of Preference 35.1
36. Evaluation of Price Bids 36.1 - 36.5
37. Comparison of Bids 37.1
38. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids 38.1
F. Award of Contract
39. Award Criteria 39.1
40. Notification of Award 40.1 - 40.3
41. Signing of Contract 41.1 - 41.2
42. Performance Security 42.1 - 42.3

Section 1 - Instructions to Bidders

A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids (IFB) indicated in the Bid Data
Sheet (BDS), the Employer, as indicated in the BDS, issues this Bidding
Document for the procurement of Works as specified in Section 6
(Employer’s Requirements). The name, identification, and number of
contracts of the Open competitive bidding (OCB) are provided in the BDS.
1.2 Throughout this Bidding Document,
the term “in writing” means communicated in written form and delivered
against receipt;
except where the context requires otherwise, words indicating the singular
also include the plural and words indicating the plural also include the
singular; and
“day” means calendar day.
2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”) indicated in the
BDS has applied for or received financing (hereinafter called “funds”) from
the Asian Development Bank (hereinafter called “ADB”) toward the cost of
the project named in the BDS. The Borrower intends to apply a portion of the
funds to eligible payments under the contract(s) for which this Bidding
Document is issued.
2.2 Payments by the ADB will be made only at the request of the Borrower and
upon approval by ADB in accordance with the terms and conditions of the
Financing Agreement between the Borrower and ADB (hereinafter called
“Financing Agreement”), and will be subject in all respects to the terms and
conditions of that Financing Agreement. No party other than the Borrower
shall derive any rights from the Financing Agreement or have any claim to the
funds.
3. Fraud and 3.1 ADB’s Anticorruption Policy requires Borrowers (including beneficiaries of
Corruption ADB-financed activity), as well as Bidders, Suppliers, and Contractors under
ADB-financed contracts, observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy,
ADB
defines, for the purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit
or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening to

impair or harm, directly or indirectly, any party or the property of

the party to influence improperly the actions of a party;
(iv) “collusive practice” means an arrangement between two or more
parties designed to achieve an improper purpose, including
influencing improperly the actions of another party;
(v) “obstructive practice” means (a) deliberately destroying,
falsifying, altering, or concealing of evidence material to an ADB
investigation; (b) making false statements to investigators in order
to materially impede an ADB investigation; (c) failing to comply
with requests to provide information, documents, or records in
connection with an Office of Anticorruption and Integrity (OAI)
investigation; (d) threatening, harassing, or intimidating any party
to prevent it from disclosing its knowledge of matters relevant to
the investigation or from pursuing the investigation; or (e)
materially impeding ADBʼs contractual rights of audit or access
to information; and
(vi) “integrity violation" is any act which violates ADB’s
Anticorruption Policy, including (i) to (v) above and the
following: abuse, conflict of interest, violations of ADB
sanctions, retaliation against whistleblowers or witnesses, and
other violations of ADB's Anticorruption Policy, including failure
to adhere to the highest ethical standard.
will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive, or obstructive practices or other
integrity violations in competing for the Contract;
will cancel the portion of the financing allocated to a contract if it
determines at any time that representatives of the Borrower or of a
beneficiary of ADB-financing engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other integrity violations during the
procurement or the execution of that contract, without the Borrower
having taken timely and appropriate action satisfactory to ADB to remedy
the situation;
will impose remedial actions on a firm or an individual, at any time, in
accordance with ADB’s Anticorruption Policy and Integrity Principles
and Guidelines (both as amended from time to time), including declaring
ineligible, either indefinitely or for a stated period of time, to participate
in ADB-financed, -administered, or -supported activities or to benefit
from an ADB-financed, -administered, or -supported contract, financially
or otherwise, if it at any time determines that the firm or individual has,
directly or through an agent, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other integrity violations; and
will have the right to require that a provision be included in bidding
documents and in contracts financed by ADB, requiring Bidders,
suppliers and contractors to permit ADB or its representative to inspect
their accounts and records and other documents relating to the bid
submission and contract performance and to have them audited by
auditors appointed by ADB.
3.2 Furthermore, Bidders shall be aware of the provision stated in Subclause 1.15
and 15.6 of the Conditions of Contract.
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government-owned
enterprise subject to ITB 4.5—or any combination of them with a formal

intent to enter into an agreement or under an existing agreement in the form of

a Joint Venture. In the case of a Joint Venture,
all partners shall be jointly and severally liable; and
the Joint Venture shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and all the parties of
the Joint Venture during the bidding process and, in the event the Joint
Venture is awarded the Contract, during contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the nationality of
an eligible country, in accordance with Section 5 (Eligible Countries). A
Bidder shall be deemed to have the nationality of a country if the Bidder is a
citizen or is constituted, incorporated, or registered, and operates in
conformity with the provisions of the laws of that country. This criterion shall
also apply to the determination of the nationality of proposed subcontractors
or suppliers for any part of the Contract including related services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found to have a
conflict of interest shall be disqualified. A Bidder may be considered to be in
a conflict of interest with one or more parties in the bidding process if any of,
including but not limited to, the following apply:
(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from any of
them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common
third parties, that puts them in a position to have access to material
information about or improperly influence the bid of another Bidder, or
influence the decisions of the Employer regarding this bidding process; or
(e) Individually or as a partner in a joint venture, except for alternative offers

permitted under ITB 13 of the Bidding Document. This will result in the
disqualification of all Bids in which it is involved. However, subject to
any finding of a conflict of interest in terms of ITB 4.3(a)-(d) above, this
does not limit the participation of a Bidder as a Subcontractor in another
Bid or of a firm as a Subcontractor in more than one Bid; or
A Bidder or any affiliated entity, participated as a Consultant in the

preparation of the design or technical specifications of the works that are
the subject of the Bid; or
A Bidder was affiliated with a firm or entity that has been hired (or is
proposed to be hired) by the Employer or Borrower as Engineer for the
contract.
4.4 A firm shall not be eligible to participate in any procurement activities under
an ADB-financed, -administered, or -supported project while under temporary
suspension or debarment by ADB pursuant to its Anticorruption Policy (see
ITB 3), whether such debarment was directly imposed by ADB, or enforced
by ADB pursuant to the Agreement for Mutual Enforcement of Debarment
Decisions. A bid from a temporary suspended or debarred firm will be
rejected.
4.5 Government-owned enterprises in the Employer’s country shall be eligible

only if they can establish that they (i) are legally and financially autonomous,

(ii) operate under commercial law, and (iii) are not a dependent agency of the
Employer.
4.6 Bidders shall provide such evidence of their continued eligibility satisfactory
to the Employer, as the Employer shall reasonably request.
4.7 Firms shall be excluded if by an act of compliance with a decision of the

United Nations Security Council taken under Chapter VII of the Charter of the
United Nations, the Borrower’s country prohibits any import of goods or
contracting of works or services from that country or any payments to
persons or entities in that country.
4.8 In case a prequalification process has been conducted prior to the bidding
process, this bidding is open only to prequalified Bidders.
5. Eligible Materials, 5.1 The materials, equipment, and services to be supplied under the Contract shall
Equipment and have their origin in eligible source countries as defined in ITB 4.2 above and
Services all expenditures under the Contract will be limited to such materials,
equipment, and services. At the Employer’s request, Bidders may be required
to provide evidence of the origin of materials, equipment, and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the materials
and equipment are mined, grown, produced, or manufactured, and from which
the services are provided. Materials and equipment are produced when,
through manufacturing, processing, or substantial or major assembling of
components, a commercially recognized product results that differs
substantially in its basic characteristics or in purpose or utility from its
components.
B. Contents of Bidding Document
6. Sections of Bidding 6.1 The Bidding Document consist of Parts I, II, and III, which include all the
Document sections indicated below, and should be read in conjunction with any addenda
issued in accordance with ITB 8.
PART I Bidding Procedures
Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
Section 5 - Eligible Countries (ELC)

PART II Requirements
Section 6 - Employer’s Requirements (ERQ)
PART III Conditions of Contract and Contract Forms
Section 7 - General Conditions of Contract (GCC)

Section 8 - Particular Conditions of Contract (PCC)

Section 9 - Contract Forms (COF)
6.2 The IFB issued by the Employer is not part of the Bidding Document.
6.3 The Employer is not responsible for the completeness of the Bidding
Document and their addenda, if they were not obtained directly from the
source stated by the Employer in the IFB.
6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all information or
documentation required by the Bidding Document may result in the rejection
of the bid.
7. Clarification of 7.1 A prospective Bidder requiring any clarification on the Bidding Document
Bidding Document, shall contact the Employer in writing at the Employer’s address indicated in
Site Visit, Pre-Bid the BDS or raise his inquiries during the pre-bid meeting if provided for in
Meeting
accordance with ITB 7.4. The Employer will respond in writing to any request
for clarification, provided that such request is received no later than 21 days
prior to the deadline for submission of bids. The Employer shall forward
copies of its response to all Bidders who have acquired the Bidding Document
in accordance with ITB 6.3, including a description of the inquiry but without
identifying its source. Should the Employer deem it necessary to amend the
Bidding Document as a result of a request for clarification, it shall do so
following the procedure under ITB 8 and ITB 22.2.
7.2 The Bidder is advised to visit and examine the Site of Works and its
surroundings and obtain for itself on its own responsibility all information that
may be necessary for preparing the Bid and entering into a contract for
construction of the Works. The costs of visiting the Site shall be at the
Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission by
the Employer to enter its premises and lands for the purpose of such visit, but
only upon the express condition that the Bidder, its personnel, and agents will
release and indemnify the Employer and its personnel and agents from and
against all liability in respect thereof, and will be responsible for death or
personal injury, loss of or damage to property, and any other loss, damage,
costs, and expenses incurred as a result of the inspection.
7.4 The Bidder’s designated representative is invited to attend a pre-bid meeting,
if provided for in the BDS. The purpose of the meeting will be to clarify
issues and to answer questions on any matter that may be raised at that stage.
7.5 The Bidder is requested to submit any questions in writing, to reach the
Employer not later than 1 week before the meeting.
7.6 Minutes of the pre-bid meeting, including the text of the questions raised,
without identifying the source, and the responses given, together with any
responses prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the Bidding Document in accordance with ITB
6.3. Any modification to the Bidding Document that may become necessary
as a result of the pre-bid meeting shall be made by the Employer exclusively

through the issue of an addendum pursuant to ITB 8 and not through the
minutes of the pre-bid meeting.
7.7 Nonattendance at the pre-bid meeting will not be a cause for disqualification
of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the Employer may
Bidding Document amend the Bidding Document by issuing addenda.
8.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document
from the Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an addendum

into account in preparing their Bids, the Employer may, at its discretion,
extend the deadline for the submission of Bids, pursuant to ITB 22.2.
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission
of its Bid, and the Employer shall in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Employer, shall be written in the language
specified in the BDS. Supporting documents and printed literature that are part
of the Bid may be in another language provided they are accompanied by an
accurate translation of the relevant passages in the language specified in the
BDS, in which case, for purposes of interpretation of the Bid, such translation
shall govern.
11. Documents 11.1 The Bid shall comprise two envelopes submitted simultaneously, one called
Comprising the Bid the Technical Bid containing the documents listed in ITB 11.2 and the other
the Price Bid containing the documents listed in ITB 11.3, both envelopes
enclosed together in an outer single envelope.
11.2 The Technical Bid shall comprise the following:

a. Letter of Technical Bid;
b. Bid Security or Bid-Securing Declaration, in accordance with
ITB 19;
c. alternative Bids, if permissible, in accordance with ITB 13;
d. written confirmation authorizing the signatory of the Bid to commit
the Bidder, in accordance with ITB 20.2;
e. documentary evidence in accordance with ITB 17, establishing the
Bidder’s qualifications to perform the contract;
f. Technical Proposal in accordance with ITB 16;
g. Any other document required in the BDS.
11.3 The Price Bid shall comprise the following:
a. Letter of Price Bid;

b. completed Price Schedules, in accordance with ITB 12 and ITB 14;

c. alternative price Bids, at Bidder’s option and if permissible, in
accordance with ITB 13;
d. Any other document required in the BDS.
11.4 In addition to the requirements under ITB 11.2, Bids submitted by a Joint
Venture shall include a copy of the Joint Venture Agreement entered into by
all partners. Alternatively, a Letter of Intent to execute a Joint Venture
Agreement in the event of a successful Bid shall be signed by all partners and
submitted with the Bid, together with a copy of the proposed agreement.
12. Letters of Bid and 12.1 The Letters of Technical Bid and Price Bid, and the Schedules, shall be
Schedules prepared using the relevant forms furnished in Section 4 (Bidding Forms). The
forms must be completed without any alterations to the text, and no substitutes
shall be accepted. All blank spaces shall be filled in with the information
requested and as required in the BDS.
13. Alternative Bids

13.1 Unless otherwise indicated in the BDS, alternative Bids shall not be
considered.
13.2 When alternative times for completion are explicitly invited, a statement to
that effect will be included in the BDS, as will the method of evaluating
different times for completion.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer technical
alternatives to the requirements of the Bidding Document must first price the
Employer’s design as described in the Bidding Document and shall further
provide all information necessary for a complete evaluation of the alternative
by the Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed construction methodology
and other relevant details. Only the technical alternatives, if any, of the lowest
evaluated Bidder conforming to the basic technical requirements shall be
considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit alternative
technical solutions for specified parts of the Works. Such parts will be
identified in the BDS and described in Section 6 (Employer’s Requirements).
The method for their evaluation will be stipulated in Section 3 (Evaluation and
Qualification Criteria).
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of Price Bid.
Discounts
14.2 The Bidder shall fill in rates and prices for all items of the Works described in
the Bill of Quantities. Items against which no rate or price is entered by the
Bidder will not be paid for by the Employer when executed and shall be
deemed covered by the rates for other items and prices in the Bill of
Quantities.
14.3 The price to be quoted in the Letter of Price Bid, in accordance with ITB 12.1,
shall be the total price of the Bid, excluding any discounts offered. . Absence
of the total bid price in the Letter of Price Bid may result in the rejection of
the Bid.
14.4 The Bidder shall quote any discounts and the methodology for their
application in the Letter of Price Bid, in accordance with ITB 12.1.

14.5 Unless otherwise provided in the BDS and the Contract, price quoted by the
Bidder are subject to adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of Contract. In such a case,
the Bidder shall furnish the indexes and weightings for the price adjustment
formulas in the Tables of Adjustment Data included in Section 4 (Bidding
Forms) and the Employer may require the Bidder to justify its proposed
indexes and weightings.
14.6 If so indicated in ITB 1.1, bids are being invited for individual contracts or for
any combination of contracts (packages). Bidders wishing to offer any price
reduction for the award of more than one Contract shall specify in their bid the
price reductions applicable to each package, or alternatively, to individual
Contracts within the package. Price reductions or discounts shall be submitted
in accordance with ITB 14.4, provided the Bids for all contracts are submitted
and opened at the same time.
14.7 All duties, taxes, and other levies payable by the Contractor under the
Contract, or for any other cause, as of the date 28 days prior to the deadline
for submission of bids, shall be included in the rates and prices and the total
Bid Price submitted by the Bidder.
15. Currencies of Bid 15.1 The unit rates and the prices shall be quoted by the Bidder entirely in the
and Payment currency specified in the BDS.
15.2 Bidders shall indicate the portion of the bid price that corresponds to
expenditures incurred in the currency of the Employer’s country in the
Schedule of Payment Currencies included in Section 4 (Bidding Forms).
15.3 Bidders expecting to incur expenditures in other currencies for inputs to the
Works supplied from outside the Employer’s country and wishing to be paid
accordingly may indicate up to three foreign currencies in the Schedule of
Payment Currencies included in Section 4 (Bidding Forms).
15.4 The rates of exchange to be used by the Bidder for currency conversion during
bid preparation shall be the selling rates for similar transactions prevailing on
the date 28 days prior to the deadline for submission of bids published by the
source specified in the BDS. If exchange rates are not so published for certain
currencies, the Bidder shall state the rates used and the source. Bidders should
note that for the purpose of payments, the exchange rates confirmed by the
source specified in the BDS as the selling rates prevailing 28 days prior to the
deadline for submission of Bids shall apply for the duration of the Contract so
that no currency exchange risk is borne by the Bidder.
Foreign currency requirements indicated by the Bidders in the Schedule of

Payment Currencies shall include but not limited to the specific requirements
for expatriate staff and labor employed directly on the Works;
social, insurance, medical and other charges relating to such expatriate staff
and labor, and foreign travel expenses;
imported materials, both temporary and permanent, including fuels, oil and
lubricants required for the Works;
depreciation and usage of imported Plant and Contractor's Equipment,
including spare parts, required for the Works;
foreign insurance and freight charges for imported materials, Plant and

Contractor's Equipment, including spare parts; and

overhead expenses, fees, profit, and financial charges arising outside the
Employer's country in connection with the Works.
15.5 Bidders may be required by the Employer to clarify their foreign currency
requirements, and to substantiate that the amounts included in the unit rates
and prices and shown in the Schedule of Payment Currencies are reasonable
and responsive to ITB 15.3 above, in which case a detailed breakdown of its
foreign currency requirements shall be provided by the Bidder.
15.6 Bidders should note that during the progress of the Works, the foreign
currency requirements of the outstanding balance of the Contract Price may be
adjusted by agreement between the Employer and the Contractor in order to
reflect any changes in foreign currency requirements for the Contract, in
accordance with Sub-clause 14.15 of the Conditions of Contract. Any such
adjustment shall be effected by comparing the percentages quoted in the bid
with the amounts already used in the Works and the Contractor's future needs
for imported items.
16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a statement of work
Comprising the methods, equipment, personnel, schedule, and any other information as
Technical Proposal stipulated in Section 4 (Bidding Forms), in sufficient detail to demonstrate the
adequacy of the Bidders’ proposal to meet the work requirements and the
completion time.
17. Documents 17.1 To establish its qualifications to perform the Contract in accordance with
Establishing the Section 3 (Evaluation and Qualification Criteria) the Bidder shall provide the
Qualifications of the information requested in the corresponding information sheets included in
Bidder Section 4 (Bidding Forms).
17.2 Domestic Bidders, individually or in joint ventures, applying for eligibility for
domestic preference shall supply all information required to satisfy the criteria
for eligibility as described in ITB 35.
18. Period of Validity of 18.1 Bids shall remain valid for the period specified in the BDS after the bid
Bids submission deadline date prescribed by the Employer. A bid valid for a
shorter period shall be rejected by the Employer as nonresponsive.
18.2 In exceptional circumstances, prior to the expiration of the bid validity period,
the Employer may request Bidders to extend the period of validity of their
Bids. The request and the responses shall be made in writing. If a bid security
is requested in accordance with ITB 19, it shall also be extended 28 days
beyond the deadline of the extended validity period. A Bidder may refuse the
request without forfeiting its bid security. A Bidder granting the request shall
not be required or permitted to modify its Bid.
19. Bid Security/Bid- 19.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its
Securing Bid, in original form, either a Bid-Securing Declaration or a bid security as
Declaration specified in the BDS. In the case of a bid security, the amount and currency
shall be as specified in the BDS.
19.2 If a Bid-Securing Declaration is required pursuant to ITB 19.1, it shall use the
form included in Section 4 (Bidding Forms). The Employer will declare a
Bidder ineligible to be awarded a Contract for a specified period of time, as
indicated in the BDS, if the Bid-Securing Declaration is executed.

19.3 If a bid security is specified pursuant to ITB 19.1, the bid security shall be, at
the Bidder’s option, in any of the following forms:
an unconditional bank guarantee,

an irrevocable letter of credit, or
a cashier’s or certified check,
all from a reputable source from an eligible country as described in Section 5

(Eligible Countries). In the case of a bank guarantee, the bid security shall be
submitted either using the Bid Security Form included in Section 4 (Bidding
Forms) or another form acceptable to the Employer. The form must include
the complete name of the Bidder. The bid security shall be valid for 28 days
beyond the original validity period of the bid, or beyond any period of
extension if requested under ITB 18.2.
19.4 Unless otherwise specified in the BDS, any Bid not accompanied by a
substantially compliant bid security or Bid-Securing Declaration, if one is
required in accordance with ITB 19.1, shall be rejected by the Employer as
nonresponsive.
19.5 If a bid security is specified pursuant to ITB 19.1, the bid security of
unsuccessful Bidders shall be returned as promptly as possible upon the
successful Bidder’s furnishing of the performance security pursuant to ITB
42.
19.6 If a bid security is specified pursuant to ITB 19.1, the bid security of the
successful Bidder shall be returned as promptly as possible once the
successful Bidder has signed the Contract and furnished the required
performance security.
19.7 The bid security may be forfeited or the Bid Securing Declaration executed,
(a) if a Bidder withdraws its bid during the period of bid validity specified by
the Bidder on the Letters of Technical Bid and Price Bid, except as
provided in ITB 18.2; or
(b) if the successful Bidder fails to
(i) sign the Contract in accordance with ITB 41;
(ii) furnish a performance security in accordance with ITB 42;
(iii) accept the arithmetical correction of its Bid in accordance with ITB
33; or
(iv) furnish a domestic preference security, if so required.
19.8 The Bid Security or Bid Securing Declaration of a Joint Venture shall be in
the name of the Joint Venture that submits the Bid. If the Joint Venture has
not been legally constituted at the time of bidding, the bid security or Bid-
Securing Declaration shall be in the names of all future partners as named in
the letter of intent mentioned in ITB 4.1.
20. Format and Signing 20.1 The Bidder shall prepare one original set of the Technical Bid and one
of Bid original set of the Price Bid comprising the Bid as described in ITB 11 and
clearly mark it “ORIGINAL - TECHNICAL BID” and “ORIGINAL - PRICE
BID.” In addition, the Bidder shall submit copies of the Technical and Price
Bids, in the number specified in the BDS, and clearly mark each of them
“COPY.” In the event of any discrepancy between the original and the copies,

the original shall prevail.

20.2 The original and all copies of the Bid shall be typewritten and shall be signed
by a person duly authorized to sign on behalf of the Bidder. This authorization
shall consist of a written confirmation as specified in the BDS and shall be
attached to the bid. The name and position held by each person signing the
authorization must be typed or printed below the signature. All pages of the
Bid, except for un-amended printed literature, shall be signed or initialled by
the person signing the Bid. If a Bidder submits a deficient authorization, the
Bid shall not be rejected in the first instance. The Employer shall request the
Bidder to submit an acceptable authorization within the number of days as
specified in the BDS. Failure to provide an acceptable authorization within the
prescribed period of receiving such a request shall cause the rejection of the
Bid.
20.3 Any amendments such as interlineations, erasures, or overwriting shall be

valid only if they are signed or initialled by the person signing the Bid.
21. Sealing and 21.1 Bidders may always submit their Bids by mail or by hand. When so specified
Marking of Bids in the BDS, Bidders shall have the option of submitting their Bids
electronically. Procedures for submission, sealing, and marking are as follows:
Bidders submitting Bids by mail or by hand shall enclose the original of the
Technical Bid, the original of the Price Bid, and each copy of the Technical
Bid and each copy of the Price Bid, in separate sealed envelopes, duly
marking the envelopes as “ORIGINAL - TECHNICAL BID,” “ORIGINAL -
PRICE BID,” and “COPY NO… - TECHNICAL BID” and “COPY NO…. -
PRICE BID.” These envelopes, the first containing the originals and the
others containing copies, shall then be enclosed in one single envelope per
set. If permitted in accordance with ITB 13, alternative Bids shall be similarly
sealed, marked and included in the sets. The rest of the procedure shall be in
accordance with ITB 21.2 and ITB 21.5.
Bidders submitting Bids electronically shall follow the electronic bid
submission procedures specified in the BDS.
21.2 The inner and outer envelopes shall-
bear the name and address of the Bidder;

be addressed to the Employer in accordance with BDS 22.1; and
bear the specific identification of this bidding process indicated in the BDS 1.1.
21.3 The outer envelopes and the inner envelopes containing the Technical Bid
shall bear a warning not to open before the time and date for the opening of
Technical Bid, in accordance with ITB 25.1.
21.4 The inner envelopes containing the Price Bid shall bear a warning not to open
until advised by the Employer in accordance with ITB 25.7.
21.5 If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of the
Bid.
22. Deadline for 22.1 Bids must be received by the Employer at the address and no later than the

Submission of Bids date and time indicated in the BDS.
22.2 The Employer may, at its discretion, extend the deadline for the submission of
Bids by amending the Bidding Document in accordance with ITB 8, in which
case all rights and obligations of the Employer and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as extended.
23. Late Bids 23.1 The Employer shall not consider any Bid that arrives after the deadline for
submission of bids, in accordance with ITB 22. Any bid received by the
Employer after the deadline for submission of Bids shall be declared late,
rejected, and returned unopened to the Bidder.
24. Withdrawal, 24.1 A Bidder may withdraw, substitute, or modify its Bid – Technical or Price as
Substitution, and set forth in Attachment 1 to Section 2 of the Bid dada Sheet; Online Tendering
Modification of Bids (e-procurement) Arrangements and as set forth in ITB 21.1
24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned
unopened to the Bidders.
24.3 No Bid may be withdrawn, substituted, or modified in the interval between the
deadline for submission of Bids and the expiration of the period of bid validity
specified by the Bidder on the Letters of Technical Bid and Price Bid or any
extension thereof.
25. Bid Opening 25.1 The Employer shall open the Technical Bids in public at the address, on the
date and time specified in the BDS in the presence of Bidders` designated
representatives and anyone who chooses to attend. Any specific electronic bid
opening procedures required if electronic bidding is permitted in accordance
with ITB 21.1, shall be as specified in the BDS. The Price Bids will remain
unopened and will be held in custody of the Employer until the specified time
of their opening. If the Technical Bid and the Price Bid are submitted together
in one envelope, the Employer may reject the entire Bid. Alternatively, the
Price Bid may be immediately resealed for later evaluation.
25.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and
the envelope with the corresponding Bid shall not be opened, but returned to
the Bidder. No bid withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request the withdrawal and
is read out at bid opening.
25.3 Second, outer envelopes marked “SUBSTITUTION” shall be opened. The

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

Technical Bid and/or Price Bid shall be modified unless the corresponding
modification notice contains a valid authorization to request the modification
and is read out and recorded at the opening of Technical Bids. Only the
Technical Bids, both Original as well as Modification, are to be opened, read
out, and recorded at the opening. Price Bids, both Original as well as

Modification, will remain unopened in accordance with ITB 25.1.
25.5 All other envelopes holding the Technical Bids shall be opened one at a time,
and the following read out and recorded:
(a) the name of the Bidder;

(b) whether there is a modification or substitution;
(c) the presence of a bid security or Bid-Securing Declaration, if required;
and
(d) any other details as the Employer may consider appropriate.
Only Technical Bids read out and recorded at bid opening shall be considered
for evaluation. Unless otherwise specified in the BDS, all pages of the Letter of
Technical Bid are to be initialed by at least three representatives of the
Employer attending bid opening. No Bid shall be rejected at the opening of
Technical Bids except for late bids, in accordance with ITB 23.1.
25.6 The Employer shall prepare a record of the opening of Technical Bids that
shall include, as a minimum, the name of the Bidder and whether there is a
withdrawal, substitution, or modification; alternative proposals; and the
presence or absence of a bid security or Bid-Securing Declaration, if one was
required. The Bidders’ representatives who are present shall be requested to
sign the record. The omission of a Bidder’s signature on the record shall not
invalidate the contents and effect of the record. A copy of the record shall be
distributed to all Bidders who submitted Bids on time, and posted online when
electronic bidding is permitted.
25.7 At the end of the evaluation of the Technical Bids, the Employer will invite
bidders who have submitted substantially responsive Technical Bids and who
have been determined as being qualified for award to attend the opening of the
Price Bids. The date, time, and location of the opening of Price Bids will be
advised in writing by the Employer. Bidders shall be given reasonable notice
of the opening of Price Bids.
25.8 The Employer will notify Bidders in writing who have been rejected on the
grounds of their Technical Bids being substantially nonresponsive to the
requirements of the Bidding Document and return their Price Bids unopened.
25.9 The Employer shall conduct the opening of Price Bids of all Bidders who
submitted substantially responsive Technical Bids, in the presence of Bidders`
representatives who choose to attend at the address, on the date, and time
specified by the Employer. The Bidder’s representatives who are present shall
be requested to sign a register evidencing their attendance.
25.10All envelopes containing Price Bids shall be opened one at a time and the
following read out and recorded:
(a) the name of the Bidder;

(b) whether there is a modification or substitution;
(c) the Bid Prices, including any discounts and alternative offers; and
(d) any other details as the Employer may consider appropriate.
Only Price Bids read out and recorded during the opening of Price Bids shall

be considered for evaluation. Unless otherwise specified in the BDS, all pages
of the Letter of Price Bid are to be initialled by at least three representatives of
the Employer attending bid opening. No Bid shall be rejected at the opening
of Price Bids.
25.11The Employer shall prepare a record of the opening of Price Bids that shall
include, as a minimum, the name of the Bidder, the Bid Price (per lot if
applicable), any discounts, and alternative offers. The Bidders’ representatives
who are present shall be requested to sign the record. The omission of a
Bidder’s signature on the record shall not invalidate the contents and effect of
the record. A copy of the record shall be distributed to all Bidders who
submitted Bids on time, and posted online when electronic bidding is
permitted.
26. Confidentiality 26.1 Information relating to the examination, evaluation, comparison, and post
qualification of Bids and recommendation of contract award, shall not be
disclosed to Bidders or any other persons not officially concerned with such
process until information on the Contract award is communicated to all
Bidders.
26.2 Any attempt by a Bidder to influence the Employer in the evaluation of the
Bids or Contract award decisions may result in the rejection of its Bid.
26.3 Notwithstanding ITB 26.2, from the time of bid opening to the time of
Contract award, if any Bidder wishes to contact the Employer on any matter
related to the bidding process, it may do so in writing.
27. Clarification of Bids 27.1 To assist in the examination, evaluation, and comparison of the Technical and
Price Bids, the Employer may, at its discretion, ask any Bidder for a
clarification of its Bid. Any clarification submitted by a Bidder that is not in
response to a request by the Employer shall not be considered. The
Employer’s request for clarification and the response shall be in writing. No
change in the substance of the Technical Bid or prices in the Price Bid shall be
sought, offered, or permitted, except to confirm the correction of arithmetic
errors discovered by the Employer in the evaluation of the Price Bids, in
accordance with ITB 33.
27.2 If a Bidder does not provide clarifications of its Bid by the date and time set in
the Employer’s request for clarification, its Bid may be rejected.
28. Deviations, 28.1 During the evaluation of Bids, the following definitions apply:
Reservations, and
Omissions a. “Deviation” is a departure from the requirements specified in the Bidding
Document;
b. “Reservation” is the setting of limiting conditions or withholding from
complete acceptance of the requirements specified in the Bidding
Document; and
c. “Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Document.
29. Examination 29.1 The Employer shall examine the Technical Bid to confirm that all documents
of Technical Bids and technical documentation requested in ITB 11.2 have been provided, and

to determine the completeness of each document submitted.
29.2 The Employer shall confirm that the following documents and information
have been provided in the Technical Bid. If any of these documents or
information is missing, the offer shall be rejected.
a. Letter of Technical Bid;

b. written confirmation of authorization to commit the Bidder;
c. Bid Security or Bid-Securing Declaration, if applicable; and
d. Technical Proposal in accordance with ITB 16.
30. Responsivenessof 30.1 The Employer’s determination of a Bid’s responsiveness is to be based on the
Technical Bid contents of the bid itself, as defined in ITB11.
30.2 A substantially responsive Technical Bid is one that meets the requirements of
the Bidding Document without material deviation, reservation, or omission. A
material deviation, reservation, or omission is one that,
a. if accepted, would:
(i) affect in any substantial way the scope, quality, or performance of
the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Employer’s rights or the Bidder’s obligations
under the proposed Contract; or
b. if rectified, would unfairly affect the competitive position of other Bidders
presenting substantially responsive Bids.
30.3 The Employer shall examine the technical aspects of the Bid submitted in
accordance with ITB 16, Technical Proposal, in particular, to confirm that all
requirements of Section 6 (Employer’s Requirements) have been met without
any material deviation, reservation, or reservation.
30.4 If a Bid is not substantially responsive to the requirements of the Bidding

Document, it shall be rejected by the Employer and may not subsequently be
made responsive by correction of the material deviation, reservation, or
omission.
31. Nonmaterial 31.1 Provided that a Bid is substantially responsive, the Employer may waive any
Nonconformities non-conformities in the Bid that do not constitute a material deviation,
reservation, or omission.
31.2 Provided that a Technical Bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or documentation,
within a reasonable period of time, to rectify nonmaterial nonconformities in
the Technical Bid related to documentation requirements. Requesting
information or documentation on such nonconformities shall not be related to
any aspect of the Price Bid. Failure of the Bidder to comply with the request
may result in the rejection of its Bid.
31.3 Provided that a Technical Bid is substantially responsive, the Employer shall
rectify quantifiable nonmaterial nonconformities related to the Bid Price. To
this effect, the Bid Price shall be adjusted, for comparison purposes only, to
reflect the price of a missing or non-conforming item or component. The
adjustment shall be made using the method indicated in Section 3 (Evaluation

and Qualification Criteria).
32. Qualification of the 32.1 The Employer shall determine to its satisfaction during the evaluation of
Bidder Technical Bids whether Biddersmeet the qualifying criteria specified in
Section 3 (Evaluation and Qualification Criteria).
32.2 The determination shall be based upon an examination of the documentary

evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to
ITB 17.1.
32.3 An affirmative determination shall be a prerequisite for the opening and

evaluation of a Bidder’s Price Bid. A negative determination shall result into
the disqualification of the Bid, in which event the Employer shall return the
unopened Price Bid to the Bidder.
33. Correction of 33.1 During the evaluation of Price Bids, the Employer shall correct arithmetical
Arithmetical Errors errors on the following basis:
(a) If there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall
prevail and the total price shall be corrected, unless in the opinion of the
Employer there is an obvious misplacement of the decimal point in the
unit price, in which case the total price as quoted shall govern and the unit
price shall be corrected.
(b) If there is an error in a total corresponding to the addition or subtraction
of subtotals, the subtotals shall prevail and the total shall be corrected.
(c) If there is a discrepancy between the bid price in the Summary of Bill of
Quantities and the bid amount in item (c) of the Letter of Price Bid, the
bid price in the Summary of Bill of Quantities will prevail and the bid
amount in item (c) of the Letter of Price Bid will be corrected.
(d) If there is a discrepancy between words and figures, the amount in words
shall prevail, unless the amount expressed in words is related to an
arithmetic error, in which case the amount in figures shall prevail subject
to (a), (b) and (c) above.
33.2 If the Bidder that submitted the lowest evaluated bid does not accept the
correction of errors, its Bid shall be disqualified and its bid security may be
forfeited or its Bid-Securing Declaration executed.
34. Conversion to Single 34.1 For evaluation and comparison purposes, the currency (ies) of the Bid shall be
Currency converted into a single currency as specified in the BDS.
35. Margin of 35.1 Unless otherwise specified in the BDS, a margin of preference shall not apply.
Preference
36. Evaluation of Price 36.1 The Employer shall use the criteria and methodologies listed in this Clause.
Bids No other evaluation criteria or methodologies shall be permitted.
36.2 To evaluate the Price Bid, the Employer shall consider the following:
(a) the bid price, excluding Provisional Sums and the provision, if any, for
contingencies in the Summary Bill of Quantities, but including Day work
items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in accordance with

ITB 33.1;
(c) price adjustment due to discounts offered in accordance with ITB 14.4;
(d) converting the amount resulting from applying (a) to (c) above, if
relevant, to a single currency in accordance with ITB 34;
(e) adjustment for nonconformities in accordance with ITB 31.3; and
(f) application of all the evaluation factors indicated in Section 3 (Evaluation

and Qualification Criteria).
36.3 The estimated effect of the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract, shall not be
taken into account in bid evaluation.
36.4 If this Bidding Document allows Bidders to quote separate prices for different
contracts, and the award to a single Bidder of multiple contracts, the
methodology to determine the lowest evaluated price of the contract
combinations, including any discounts offered in the Letter of Price Bid, is
specified in Section 3 (Evaluation and Qualification Criteria).
36.5 If the Bid, which results in the lowest Evaluated Bid Price, is seriously
unbalanced or front loaded in the opinion of the Employer, the Employer may
require the Bidder to produce detailed price analyses for any or all items of the
Bill of Quantities, to demonstrate the internal consistency of those prices with
the construction methods and schedule proposed. After evaluation of the price
analyses, taking into consideration the schedule of estimated Contract
payments, the Employer may require that the amount of the performance
security be increased at the expense of the Bidder to a level sufficient to
protect the Employer against financial loss in the event of default of the
successful Bidder under the Contract.
37. Comparison of Bids 37.1 The Employer shall compare all substantially responsive Bids to determine the
lowest evaluated Bid, in accordance with ITB 36.2.
38. Employer’s Right to 38.1 The Employer reserves the right to accept or reject any Bid, and to annul the
Accept Any Bid, and bidding process and reject all Bids at any time prior to contract award, without
to Reject Any or All thereby incurring any liability to Bidders. In case of annulment, all Bids
Bids submitted and specifically, bid securities, shall be promptly returned to the
Bidders.
39. Award Criteria 39.1 The Employer shall award the Contract to the Bidder whose offer has been
determined to be the lowest evaluated Bid and is substantially responsive to
the Bidding Document, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
40. Notification of 40.1 Prior to the expiration of the period of bid validity, the Employer shall notify
Award the successful Bidder, in writing, that its Bid has been accepted.
40.2 At the same time, the Employer shall also notify all other Bidders of the
results of the bidding. The Employer will publish in an English language
newspaper or well-known freely accessible website the results identifying the
bid and lot numbers and the following information: (i) name of each Bidder
who submitted a Bid; (ii) bid prices as read out at bid opening; (iii) name and

evaluated prices of each Bid that was evaluated; (iv) name of bidders whose
bids were rejected and the reasons for their rejection; and (v) name of the
winning Bidder, and the price it offered, as well as the duration and summary
scope of the contract awarded. After publication of the award, unsuccessful
Bidders may request in writing to the Employer for a debriefing seeking
explanations on the grounds on which their Bids were not selected. The
Employer shall promptly respond in writing to any unsuccessful Bidder who,
after publication of contract award, requests a debriefing.
40.3 Until a formal contract is prepared and executed, the notification of award
shall constitute a binding Contract.
41. Signing of Contract 41.1 Promptly after notification, the Employer shall send the successful Bidder the
Contract Agreement.
41.2 Within 28 days of receipt of the Contract Agreement, the successful Bidder
shall sign, date, and return it to the Employer.
42. Performance 42.1 Within 30 days of the receipt of notification of award from the Employer, the
Security successful Bidder shall furnish the performance security in accordance with
the conditions of contract, subject to ITB 36.5, using for that purpose the
Performance Security Form included in Section 9 (Contract Forms), or
another form acceptable to the Employer.
42.2 Failure of the successful Bidder to submit the above-mentioned Performance

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

Section 2 - Bid Data Sheet

This Section consists of provisions that are specific to each procurement and supplement the information or
requirements included in Section 1 - Instructions to Bidders.
A. General
The number of the Invitation for Bids (IFB) is: 17863/MPRDC/Procu/PPPPMPRSP/24-

ITB 1.1 CW/426/2019 dated 27.02.2019
ITB 1.1 The Employer is also referred to as Authority :
Madhya Pradesh Road Development Corporation Limited, (Government of Madhya

Pradesh undertaking), establish under the companies Act 1956; as amended by the
Companies (Amendment) Act-2002 & the Companies (Second Amendment) Act-2002,
represented by its Managing Director & having it administrative office at 45-A , Arera
Hills, Bhopal - 462011 (M.P.).
ITB 1.1 The name of the Open Competitive Bidding (OCB) (National Advertisement) is:
The identification number of the OCB is: 17863/MPRDC/Procu/PPPPMPRSP/24-
CW/426/2019 dated 27.02.2019
Estimated
Estimated Bid
Pkg. civil
Project Security
Civil Pkgs. Road Name Length (In Const.
Cost (INR (INR
Km) Cost (INR
Million) Million)
Million)
Bhabra-Katthiwada-Kheda road
Pkg-1 61.8 1365.3 1847.2 18.2
Bhabra-Udaigarh road
Udaigarh-Bori road
Pkg-2 Tanda-Bori road 54.65 1279.9 1759.9 17.59
Tanda-Balwadi road
Pkg-3 Jobat-Nanpur road 21.60 475.5 645.4 6.45
Pkg-4 Alirajpur-Mathwad road 57 1281.9 1879.4 18.79
Badwani-Badhan-Ambapani-
Sindhi-Khodar-Silawad road
Pkg-5 25.2 888.5 1269.4 12.69
Dhavabawdi-Balkua-Lonsara-
Borlay road
Pkg-6 Satna-Amarpatan road (SH-13) 29.3 706.8 940.1 9.4
Sirmour-Keonti road
Pkg-7 Rewa-Beeda-Semariya road upto 50.2 870.5 1159.5 11.6
Godha Junction (SH-9)
Khanuakhas-Langhadol-Bindul-
Pkg-8 Gopad River Bridge to CG 77 1401.7 1908.7 19.08
Border (Kamarji-Janakpur road)

Waidhan-Telai-Singrouliya-
Makrohar-Badgad-Viharpur-upto
Chhattisgarh Border
Langhatola-Patna-Karpa-Sarai-
Pkg-9 52.6 1284.8 1726.3 17.26
Ahirgaon-Kelamania road
Pkg-10 Pawai-Mohindra-Semaria road 38 748.2 995.1 10
Badvar-Tamra-Sitapur-Mauganj
Road
Pkg-11 57.35 1287.8 1712.8 17.1
Raipur-Karchuliyan to Supiya-
Bhaluha-Mahsaon Road
Pkg-13 Beohari-Bansukli-Sidhi Road 46.4 801.6 1083.7 10.83
Aaron Via Vidoriya-Raghogarh
Pkg-14 Ashoknagar-Aaron Road (Upto 74 1104.1 1468.6 14.7
Sindh River)
Mohna-Patai Road
Pkg-15 Chitauli-Ranighati Road 35 829.8 1103.7 11
Bhitarwar-Karera Road
Aavan Road Maksudangadh to
Pkg-16 39.4 711.9 946.9 9.5
Janjali
Neemdhana-Hirdagarh-
Pkg-17 Navegaon-Nidrai-Bordehi Road 68.4 2004 2665.3 26.7
Tamiya-Junnardeo Road
Sahajpur-Ghatkhedi-Salabaru-
Pratapgarh, Ghatkedi - Pipaliya
Road
Pkg-18 87.3 1780.3 2367.7 23.7
Salabaru-Gutori-Deori-
Gorakhpur-Ghalawan-Sadrai-
Hirapur-Kakraghat Road
Maharastra Border-Kukru-
Pkg-19 30 680.5 905.1 9.1
Khamla-Bhaisdehi
Pkg-22 Sagar-Rehli (SH-15) 42.2 779.4 1036.5 10.4
Pkg-23 Baihar-Lamta Road 52.2 334 547.1 5.5
Porsa-Mehgaon-Mau-Sevda
Pkg-26 Road 89.4 1901.3 2612.3 26.12
Jamna-Bilav Road
Pahadgad-Sahasram Via Maran -
Kanhar (Upto Khurjan Road)
Noorabad-Padhavali Road to
Sanichra Road
Pkg-27 122.5 2413 3451.7 34.51
Nepri to Brijgadi via Kishangad-
Kukroli Road
Kailaras to Jaura via Pahadgad-
Manpur-Nirar-Pagara Road
Semri-Sangakheda road
Pkg-50 25.3 460.4 640.8 6.4
Sonasawri-Sanwalkheda road
Siddikganj-Hatpipaliya Road
Bhaukhedi-Amlaha-Dhamanda
Pkg-52 Road 51.6 915.3 1276.5 12.76
Toomda-Patania-Barkheda
Saalam road
However this Bidding Document Volume-I is for:- PACKAGE-3

PPPPMPRSP - PACKAGE-3
The Estimated Project Cost (EPC) is as per above Table this is the cost estimated by the
Employer (includes an estimated civil construction cost as shown above amongst others). The
cost stated above includes the cost of construction, interest during construction, working
capital, physical contingencies, operation & maintenance and all other costs, expenses and
charges for and in respect of construction of the project, save and except any additional costs

arising on account of variation in Price Index, Change of Scope, Change in Law, Force Majeure
or breach of the Concession Agreement, which costs shall be due and payable in accordance
with the provisions of the Concession Agreement (“CA”) included in Section 10 of the ITB.
The number and identification of lots comprising this OCB is:
17863/MPRDC/Procu/PPPPMPRSP/24-CW/426/2019 dated 27.02.2019
ITB 2.1 The Borrower is: India
ITB 2.1 The name of the Project is: Promoting Public Private Partnership in Madhya Pradesh Road
Sector Project (PPPPMPRSP)
Furthermore, bidder shall be aware of the provisions stated in Clause 5.9 of the
ITB 3.2 Conditions of Contract.
ITB 4.8 Deleted.
B. Contents of Bidding Documents
ITB 6.1 AddSection7toPartIIIConditions of Contract and Contract Forms as follows: Section 7

contains General Condition of Contract (GCC), Particular Condition of Contract (PCC), Contract
Forms (COF) and the Contract Agreement & Schedules on Hybrid Annuity Model.
ITB 7.1 PleaserefertoClauseITB7.5ofthis Data-Sheet.

Add the following paragraph to ITB 7.2
ITB 7.2
The feasibility report / detailed project report / any other document or report prepared by
the Employer/ consultants of the Employer is being provided only as a preliminary
reference document by way of assistance to the Bidders who are expected to carry out
their own surveys, investigations, designs and other detailed examination of the Works
before submitting their Bids. Nothing contained in the feasibility report / detailed project
report / any other document or report shall be binding on the Employer nor confer any
right on the Bidders, and the Employer shall have no liability whatsoever in relation to or
arising out of any or all contents of the feasibility report/detailed project report.
A Pre-Bid meeting will take place.
ITB 7.4
Date: As per key dates and time.
Time: As per key dates and time.
Place: 2nd Floor Conference Hall, Madhya Pradesh Road Development Corporation
Limited, 45-A , Arera Hills, Bhopal - 462011 (M.P.)
Ph. No. 0755-2527290/2765205

A site visit conducted by the Employer will NOT be organized.
The queries need to be mailed to the Authority through e-mail ID; procu-
[email protected] on or before the date of pre-bid meeting.
ITB7.5
ITB 10.1 The language of the Bid is: ENGLISH

Shall be read as follows:
ITB 11.1
The bid shall comprise of two parts and are to be submitted in electronic mode online on
the Government of Madhya Pradesh’s e-procurement portal at https://mptenders.gov.in,
as per Attachment-1 to Section 2. First part is called as the Technical Bid containing the
documents listed in ITB 11.2 and the second part is called as the Price Bid containing the
documents listed in ITB 11.3. Provided however that certain documents listed in ITB
21.1(a) shall be physically submitted in original.
Deleted.
ITB 11.2 (c)
The Bidder shall submit with its Technical Bid the following additional
ITB 11.2 (g) documents:
(i) Power of Attorney (POA) for Lead Member of JV if applicable, as per “Format
for Power of Attorney for Lead Member of Joint Venture” of Section 4 –
Bidding Forms of this ITB.
(ii) Joint Venture Agreement for JV if applicable, as per “Format for Joint Venture
Agreement” of Section 4 – Bidding Forms of this ITB
(iii) copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed,
(iv) copies of Bidder’s duly audited balance sheet and profit and loss statement for
preceding 5 years. "It is clarified that the Year 1 will be the latest completed financial
year, preceding the bidding. Year 2 shall be the year immediately preceding Year 1
and so on. Notwithstanding anything to the contrary contained herein, in the event
that the Bid Due Date falls within 6 (six) months of the closing of the latest financial
year of a Bidder, it shall ignore such financial year for the purposes of its Bid and
furnish all its information and certification with reference to the 5 (five) years or 1
(one) year, as the case may be, preceding its latest financial year. For the avoidance
of doubt, financial year shall, for the purposes of a Bid hereunder, mean the
accounting year followed by the Bidder in the course of its normal business."
(v) Copy of proof of e-payment of INR. 50,000 (Fifty Thousand Rupees Only) towards
cost of Bid document;
(vi) Statutory Auditor certificates as per the format provided in Section 4 of the ITB.

ITB 11.3 (c) Deleted
ITB 12.1
The figures entered into bid price shall be typewritten. Bid Price not presented
accordingly may be considered nonresponsive.
Alternative Bids shall NOT be permitted.
ITB 13.1
ITB 13.2
Alternative times for completion shall NOT be permitted.
ITB 13.4
Alternative technical solutions shall NOT be permitted.
ITB 14.5
The price quoted by the Bidder shall be subject to adjustment during the performance of
the Contract in accordance with the provisions of the Concession Agreement.
If so indicated in ITB 1.1, bids are being invited for individual contracts or for any
ITB 14.6 combination of contracts (packages). Bidders wishing to offer any price reduction for the
award of more than one Contract shall specify in their bid the price reductions applicable
to each package, or alternatively, to individual Contracts within the package. Price
reductions or discounts shall be submitted in accordance with ITB 14.4, provided the
Bids for all contracts are submitted and opened at the same time.
ITB 15.1
The bid price inclusive of Operation & Maintenance cost shall be quoted by the Bidder
entirely in INDIAN RUPEES
ITB 15.4
The rates of exchange shall be the selling rates 28 days prior to the deadline
for submission of bids published by the Reserve Bank of India (RBI)
ITB 18.1 The bid validity period shall be 180 days from the day after the bid due date (online bid
submission).
ITB 19.1 The Bidder shall furnish a bid security for the amount of INR ....................... (Please
refer ITB 1.1 of Data Sheet)
ITB 19.2
The ineligibility period will be: N/A
ITB 19.3 The bid security shall be in form specified in Section – 4. Replace the validity
period of Bid Security by 30 days instead of 28 days beyond the original validity
period of the bid or beyond any period of extension if required under ITB 18.2.
ITB 19.4
Subject to the succeeding sentences, any bid not accompanied by an

irrevocable and callable bid security shall be rejected by the Employer as

nonresponsive. If a Bidder submits a bid security that (i) deviates in form,
amount, and/or period of validity, or (ii) does not provide sufficient
identification of the Bidder (including, without limitation, failure to indicate the
name of the Joint Venture or, where the Joint Venture has not yet been
constituted, the names of all future Joint Venture Partners), the Employer shall
request the Bidder to submit a compliant bid security within 7 days of receiving
such a request. Failure to provide a compliant bid security within the prescribed
period of receiving such a request shall cause the rejection of the Bid.
ITB 20.1 N/A: Bids shall be submitted electronically only. Hard copy submission shall be
in accordance with ITB 21.1
The written confirmation of authorization to sign on behalf of the Bidder shall consist of: An
ITB 20.2 organizational document, board resolution or its equivalent, or power of attorney specifying
the representative’s authority to sign the Bid on behalf of, and to legally bind, the Bidder. If
the Bidder is a Joint Venture, the power of attorney should be signed by all partners and
specify the authority of the named representative of the Joint Venture to sign on behalf of,
and legally bind , the Joint Venture.
ITB 20.2
The Bidder shall submit an acceptable authorization within 7 (seven) working days.
Except as provided below, The Bidder shall submit their bids in 2 parts as follows
ITB 21.1
Part I – Electronic Submission (Refer to ITB 21.1 (b))
Part II – Manual Submission (Refer to ITB 21.1 (a))
Bidders shall submit their bids electronically only and manual submissions will
not be accepted except as indicated below.
ITB 21.1 (a)
While bids shall be submitted electronically, the following documents in original
will be physically submitted in a sealed envelope by the deadline for submission of
bids. The scanned copy of the documents submitted physically would also be needed
to submitted online
The sealed envelope, marked “ORIGINAL – SUPPORTING DOCUMENTS OF
BID” shall bear the name and address of the Bidder; be addressed to the Employer in
accordance with ITB 22.1; and bear the specific identification of this bidding process
indicated in the ITB 1.1.
The required documents for manual submission are original copies (one set) of:
(i) power of Attorney for signing the Bid and the copy of board resolution in favour of
the person executing the power of attorney for delegation of power on behalf of
the Bidder
(ii) Power of Attorney for Lead Member of JV, if applicable;
(iii) Joint Venture Agreement for JV if applicable;
(iv) Bid Security as Bank Guarantee ITB 21.1 (b)

The bidders shall be submitting the bids electronically only and the electronic bidding
submission procedures shall be: As set out in Attachment 1 to Section 2 – Bid Data Sheet
of this ITB.
ITB 21.1 (b) The electronic bidding submission procedures shall be as specified in Attachment 1 to
Section 2 – Bid Data Sheet of this ITB.
While bids are submitted through electronic submission, supporting documents in
ITB 22.1
original as per 21.1 (a) shall be submitted to the following address.
Attention: Chief Engineer (Procurement),
Madhya Pradesh Road Development Corporation Limited, 45-A , Arera Hills, Bhopal -
462011 (M.P.) INDIA
Ph. No. 0755-2527290/2765205
Date: As per key dates and time
Time: As per key dates and time
The deadline for electronic submission/ “e-system deadline” (as indicated in ITB
21.1(b) ) is:
The deadline for bid submission (manual submissions as indicated in

ITB 21.1 (a)) is: Date As per key dates and time
The opening of the Technical Bid shall take
ITB 25.1
Place at :
2nd Floor Conference Hall, Madhya Pradesh Road Development Corporation Limited,
45-A , Arera Hills, Bhopal - 462011 (M.P.) INDIA
Ph. No. 0755-2527290/2765205
ITB 25.1
ITB 25.2
ITB 25.3 Electronic bid opening procedure shall be as given in Attachment 1 to this BDS
ITB 25.4
ITB 25.5
Electronic price bid opening procedure shall be as stated in Attachment 1 to this BDS.
ITB 25.10
Additional documents to be submitted:
ITB 29.2 29.2 (e) in case of consortium, POA for lead member of the JV
29.2 (f) in case of JV, signed Joint Venture Agreement (JVA) among all the JV
members for bidding in the project
29.2 (g) copy of Memorandum & Article of Association if the Bidder is a body corporate,
and partnership deed if the Bidder is a partnership firm.

In particular, the Employer shall determine whether each Bid is substantially

ITB 30.1 responsive to the requirements of the Bidding Documents. A Bid shall be considered
substantially responsive only if, inter-alia:
(a) it is in the Language as specified under ITB 10
(b) It comprises of all submissions under ITB 11
(c) It is compliant to the requirements under ITB 12
(d) It is compliant to the requirements under ITB 20
(e) It is compliant to the requirements under ITB 21; and
(f) It is submitted prior to the deadline under ITB 22
Deleted
ITB 31.3
During the evaluation of Price Bids, the Employer shall correct arithmetical errors on the
ITB 33.1 following basis:
a. Deleted.
b. Deleted.
c. Deleted.
d. If there is a discrepancy between words and figures, the amount in words shall
prevail.
The currency that shall be used for bid evaluation and comparison purposes to
ITB 34.1 convert all bid prices expressed in various currencies into a single currency is: Indian
Rupees. The source of selling exchange rate shall be: Reserve Bank of India (RBI)
The date for the selling exchange rate shall be: 28 days prior to the deadline for bid
submission
ITB 35.1
A margin of preference shall NOT apply.
ITB36.2 The Price Bid under ITB 11.3 shall be evaluated on a single point “Bid Project Cost”
parameter as per the Concession Agreement. To evaluate the Price Bid, the Employer
shall consider the following:
a. the bid price inclusive of Operation & Maintenance cost;
b. converting the amount resulting from applying (a) to (c) above, if relevant, to a
single currency in accordance with ITB 34;
c. application of all the evaluation factors indicated in Section 3 (Evaluation and
Qualification Criteria).
If the Bid, which results in the lowest Evaluated Bid Price, is seriously unbalanced, the
ITB36.5 bidder shall have to submit additional performance security as envisaged in Section 7 of
ITB (Article 9 of the Concession Agreement).The successful bidder shall along with
the Performance Security provide to the Authority an irrevocable and unconditional
guarantee valid for a period of 635 (Six Hundred and Thirty Five) days from a Bank
for a sum equivalent to Rs. ***** crore (Rupees ***** crore) over and above

Deemed Performance Security, in the form set forth in Schedule-F (the “Additional
Performance Security”), to be modified, mutatis mutandis, for this purpose as security
to the Authority if the Bid of the Successful Bidder is lower by more than 15% with
respect to the average of the bid price of all technically qualified Bidders or incase of
single technically qualified bidder, if the Bid of the Single Bidder is lower than 15% of
the estimated project cost. The amount of Additional Performance Security shall be
calculated @10% of the difference in the average of the bid price of all technically
qualified Bidders and the Bid Project Cost and shall not exceed 10% of the Bid Project
Cost.
Additional sub-clause
ITB38 38.2 In case there is tie between more than one bidder i.e. same ‘Bid Price’ is quoted by
more than one bidders, the Employer may call for a “Best and Final Offer” (BAFO)
from the tied bidders, in a sealed envelope, with a prescribed manner and date of
submission
The Bidder whose Bid is adjudged as responsive in terms and conditions of this Bidding
ITB 39.1 Document and who quotes lowest Bid Price shall be named as the successful Bidder (the
“Successful Bidder” under the Concession Agreement).
Promptly after notification, the Employer shall send the successful Bidder the Contract
ITB 41.1
Agreement.
ITB 41.2 Prior to Singing of Agreement: Where the Bidder is a single entity, it shall be required
to form an appropriate Special Purpose Vehicle incorporated under the Indian Companies
Act 2003 (the “SPV"), to execute the Concession Agreement and implement the Project.
In case the Bidder is a Consortium, it shall, in addition to forming an SPV, comply with
the following additional requirements:
(a) DELETED
(b) DELETED
(c) members of the Consortium shall nominate one member as the lead member (the
“Lead Member"), who shall have an equity share holding of at least 26% (twenty
six per cent) of the paid up and subscribed equity of the SPV. The nomination(s)
shall be supported by a Power of Attorney, as per the format mentioned in ITB
11.2, signed by all the other members of the Consortium;
(d) the Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and O&M
obligations;
(e) an individual Bidder cannot at the same time be member of a Consortium applying
ITB. Further, a member of a particular Bidder Consortium cannot be member of
any other Bidder Consortium applying for ITB,
(f) the members of a Consortium shall form an appropriate SPV to execute the Project,
if awarded to the Consortium;
(g) members of the Consortium shall enter into a binding Joint Bidding Agreement,
substantially in the form Specified in ITB 11.2 (the “Joint Bidding Agreement"),
for the purpose of submitting a Bid. ‘the Joint Bidding Agreement, to be submitted
along with the Application, shall, inter alia:

(i) convey the intent to form an SPV, solely for the purpose of domiciling the
Project and no other purpose, with shareholding/ ownership equity
commitment(s) in accordance with this ITB, which would enter into the
Concession Agreement and subsequently perform all the obligations of the
Concessionaire in terms of the Concession Agreement, in case the concession
to undertake the Project is awarded to the Consortium;
(ii) clearly outline the proposed roles and responsibilities, if any, of each member;
(iii) commit the minimum equity stake to be held by each member:
(iv) commit that each of the members, whose experience will be evaluated for the
purposes of this ITB, shall subscribe to 26% (twenty six per cent) or more of
the paid up and subscribed equity of the SPV and shall Further commit that
each such member shall, for a period of 2 (two) years from the date of
commercial operation of the Project, hold equity share capital not less than: (i)
26% [twenty six per cent) of the subscribed and paid up equity share capital of
the SPV; and (ii) 5% (five per cent) of the Total Project Cost specified in the
Concession Agreement;
(v) members of the Consortium undertake that they shall collectively hold at least
51% (fifty one per cent) of the subscribed and paid up equity of the SPV at all
times until the second anniversary of the commercial operation date of the
Project; and
(vi) include a statement to the effect that all members of the Consortium shall be
liable jointly and severally for all obligations of the Concessionaire in relation
to the Project until the Financial Close of the Project is achieved in accordance
with the Concession Agreement; and
(h) except as provided under this ITB and the Bidding Documents, there shall not be any
amendment to the Joint Bidding Agreement without the prior written consent of the
Authority.
ITB 41.3 Within 30 days of the receipt of notification of award from the Employer, the successful
Bidder shall sign, date, and return the Contract Agreement to the Employer.
ITB 42.1 Within 30 days of signing of the Contract Agreement, the successful Bidder shall
furnish the performance security in accordance with the conditions of contract, subject to
ITB 36.5, using for that purpose the Performance Security Form included in Section 9
(Contract Forms), or another form acceptable to the Employer.
ITB 42.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or
to sign the Contract Agreement shall constitute sufficient grounds for the annulment of the
award and forfeiture of the bid security or execution of the Bid-Securing Declaration. In
that event, the Employer may award the Contract to the next lowest evaluated Bidder
whose offer is substantially responsive and is determined by the Employer to be qualified
to perform the Contract satisfactorily.
ITB 42.3 Deleted.

Attachment 1 to Section 2 – Bid Data Sheet:
Online Tendering (e-Procurement) Arrangements
Registration and Payments
1. Bids shall be submitted in electronic mode on the Government of Madhya Pradesh’s

eProcurement portal: https://mptenders.gov.in using digital signature. The e-procurement
portal has all the user manuals, guides, and FAQs to facilitate understanding and use.
2. To participate in the bidding, it is mandatory for the Bidders to have a valid registration of their
firm/ JV with the MP eProcurement portal and to have and active user ID & password. Registration
requires a registration charges of INR 500/- (Five Hundred Rupees only) (please check the
prevailing amount on the portal) through the e-payment gateway. Further, Tender Processing Fees
for MP eProcurement portal (please check the prevailing amount on the portal) shall also need to be
paid through the e-payment gateway.
3. Bidders should also have a valid digital certificate issued by the national certificate authorities,
which are also linked at https://mptenders.gov.in
4. The complete Bid document can be viewed/ downloaded by the Bidder from the e-procurement
portal at https://mptenders.gov.in
5. To participate in e-bidding, Bidders have to pay a non-refundable document of INR 50,000/-

(Fifty Thousand Rupees Only) and processing fee through e-payment gateway. Bids without this
payment and required proof will be rejected.
6. Payments through the e-payment gateway in the portal can be made through a range of options
including credit and debit cards and net-banking only.
Preparation & Submission of Bids
7. The Bidder must submit bids online following the instructions appearing on the screen. Detailed
guidelines for e-procurement are also available on the e-procurement portal at
https://mptenders.gov.in
8. The required bid documents will need to be prepared and scanned in different files (in PDF or
JPEG format) and uploaded into the relevant online folders.
9. Apart from the online submission, supporting original documents have to be submitted in
physical form in accordance with ITB 21.1 (a).
Modifications/ Substitution/ Withdrawal of Bids
10. The Bidder may modify, substitute or withdraw its e-bid after submission and prior to the e-system
deadline as given in the schedule of key dates. No bid can be modified, substituted, or withdrawn
after e-system submission.
11. For modification, bidder has to detach its old bid from e-procurement portal and upload/
resubmit signed modified bid. For withdrawal of bid, bidder has to click on withdrawal icon at
e-procurement portal. After withdrawal of a Bid for any reason, bidder cannot re-submit its bid
again.

Online Opening of Bids
12. Opening of technical bids will be done through online process, at the time and date specified in the
BDS, in the presence of the authorized representatives of the bidders who choose to attend. Technical
bids will be opened only for those bidders whose documents listed at ITB 21.1 (a) have been
physically received.
13. All bids shall be opened one at a time on the e-procurement portal, reading out the name of the
bidder, the presence or absence of a Bid Security and any other details as the Employer may consider
appropriate.
14. The Employer shall prepare a record of the opening of Technical Bids that shall include salient details
as above. The Bidders’ representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the
record.
15. Price Bid of all technically qualified bidders shall be opened one at a time at date, time and venue as
intimated by Authority and the following read out and recorded:
a) the name of the Bidder;
b) whether there is a modification or substitution;
c) the Bid Price inclusive of Operation & Maintenance cost , and
d) any other details as the Employer may consider appropriate.
e) No Bid shall be rejected at the time of opening of Price Bids.
 For further assistance please visit “Help For Contractors, Information About DSC, FAQ and
Bidders Manual Kit on Home Page at the website “https://mptenders.gov.in”


Section 3 - Evaluation and Qualification Criteria

- Without Prequalification -
This Section contains all the criteria that the Employer shall use to evaluate bids and
qualify Bidders. In accordance with ITB 32 and ITB 36, no other methods, criteria and
factors shall be used. The Bidder shall provide all the information requested in the forms
included in Section 4 (Bidding Forms).
Table of Criteria
1.Evaluation .......................................................................................................................................
1.1 Adequacy of Technical Proposal...............................................................................................................................
1.2 Completion Time ......................................................................................................................................................
1.3 Technical Alternatives ..............................................................................................................................................
1.4 Quantifiable Nonconformities and Ommissions .......................................................................................................
1.5 Domestic Preference .................................................................................................................................................
1.6 Multiple Contracts .....................................................................................................................................................
2.Qualification ...................................................................................................................................
2.1 Eligibility ....................................................................................................................................................................
2.1.1 Nationality ............................................................................................................................................
2.1.2 Conflict of Interest ...............................................................................................................................
2.1.3 ADB Eligibility ....................................................................................................................................
2.1.4 Government-Owned Enterprise ............................................................................................................
2.1.5 United Nations Eligibility ....................................................................................................................
2.2 Pending Litigation and Arbitration .........................................................................................................................

2.2.1 PendingLitigation and Arbitration ........................................................................................................
2.3 Financial Situation ....................................................................................................................................................

2.3.1 Historical Financial Performance .........................................................................................................
2.3.2 Average Annual Construction Turnover ..............................................................................................
2.3.3 Financial Resources..............................................................................................................................
2.4 ConstructionExperience ...........................................................................................................................................

2.4.1 Contracts of Similar Size and Nature ...................................................................................................
2.4.2 Construction Experience in Key Activities ............................................................................................................

1. Evaluation
In addition to the criteria listed in ITB 36.2 (a)–(e), other relevant factors are as follows:
1.1 Adequacy of Technical Proposal
Evaluation of the Bidder's Technical Proposal will include, amongst others, an assessment of
the Bidder's technical capacity to mobilize key equipment and personnel for the contract
consistent with its proposal regarding work methods, scheduling, and material sourcing in
sufficient detail and fully in accordance with the requirements stipulated in Technical Proposal
of this ITB.
Non-compliance with equipment and personnel requirements described in Technical Proposal

of this ITB shall not normally be a ground for bid rejection and such non-compliance will be
subject to clarification during bid evaluation and rectification prior to contract award.
1.2 Completion Time

An alternative Completion Time is not permitted:
1.3 Technical Alternatives

Technical alternatives, if permitted under ITB 13.4, will be evaluated as follows:
1.4 Deleted.
1.5 Deleted.
1.6 Multiple Contracts
Pursuant to Sub-clause 36.4 of the Instruction to Bidders, if Works are grouped in Multiple
Contracts, evaluation will be as follows:-
Bid invitation of contract packages are issued simultaneously, with the same deadline for bid
submission, and evaluation of bids for such other contract packages will be carried out
simultaneously. Pursuant to sub clause 36.4 of the Instruction to Bidders, the Employer will
evaluate and compare bids on the basis of a Contract, or a combination of contracts or as a total of
contracts in order to arrive at least cost combination to the Employer.
If a bidder submits several successful (lowest evaluated substantially responsive) bids, the
evaluation will include an assessment of the Bidder's capacity to meet the aggregated
requirements regarding:-
 Average Annual Construction Turnover as per clause 2.3.2 of Section 3.

 Construction Experience and
 Financial Resources Requirements
The Employer shall then compare the bids to arrive at the least-cost combination to arrive at the
Award decision. The mechanism for the same can be better understood from the illustration
below:

Illustration
Award Decision based on financial capacity:

1. The Estimated Project Cost of the five packages (Illustrative) are as below:
Project A Project B Project C Project D Project E

Estimated Project Cost
100 110 200 140 90
Min. Average Annual Construction
Turnover required to meet fin.
Capacity criteria (100% of EPC) 100 110 200 140 90
2. Price Bid received from technically qualified bidders are as below:

Bidder 1 108 120 244 192 100
Bidder 2 128 124 252 196 104
Bidder 3 132 128 256 200 96
Bidder 4 136 116 260 204 92
Bidder 5 140 132 264 208 108
3. from the above table, the least Price Bid quotes received for various packages, project-wise L1
bidders and their annual average construction turnover are as below;

L1 Bidder Bidder1 Bidder4 Bidder1 Bidder1 Bidder4
L1 quote 108 116 244 192 92
Average annual
construction turn 400 250 400 400 250
overoftheL1
Bidders

4. Stage1: Average Annual Construction Turnover mapping
Case-1:
Cumulative average annual construction turns over requirement

(100 +200 +140) = 440
of Project A, Project C and Project D.
Average Annual Construction Turnover of bidder 1 400
Inference AACT < Cum. AACT requirement of
bidder of respective project
Case-2:
Cumulative average annual construction turn over

(110 + 90) = 200
requirement of Project B and Project E
Average Annual Construction Turnover of bidder 4 250
Inference AACT >Cum. AACT requirement of bidder of
respective projects
Bidder1 has insufficient capacity to be awarded all three projects
Bidder4 has sufficient average annual construction turnover and therefore can be awarded both the projects
Stage2: Award decision:
Scenario1: Bidder1 is awarded Project A and Project C, and Project D awarded to L2

Project A Project B Project C Project D Project E Total Project
Cost pay out
Effective Bidder 1 Bidder 4 Bidder 1 Bidder 2 Bidder 4 by MPRDC
Project Cost
108 116 244 196 92 756
Scenario2: Bidder1 is awarded Project C and Project D, and Project A awarded to L2

Cost pay out
Effective Bidder 2 Bidder 4 Bidder 1 Bidder 1 Bidder 4 by MPRDC
Project Cost
128 116 244 192 92 772
Scenario3: Bidder1 is awarded Project A and Project D, and Project C awarded to L2

Cost pay out
Effective Bidder1 Bidder4 Bidder2 Bidder1 Bidder4 by MPRDC

Project Cost 108 116 252 192 92 760
Decision: Scenario 1 leads to least Project Cost pay out for M.P. Road Development
Programme VI/VII at programme level, and hence Bidder 1 is awarded Project A and
Project C, and Project D awarded to Bidder 2
2. Qualification
It is the legal entity or entities comprising the Bidder (and not the Bidder’s parent companies or
affiliates) that must satisfy the qualification criteria described below:
Provided, however, that a holding company may use the experience of a subsidiary company.
For this purpose, a “subsidiary company,” means a company in which the holding company —
(i) Controls the composition of the Board of Directors; or
(ii) Exercises or controls more than one-half of the total share capital either at its own or together
with one or more of its subsidiary companies:
A certificate from a qualified external auditor who audits the book of accounts of the Bidder or
the Joint Venture (JV) Member (the “Statuary Auditor”) shall be provided to demonstrate that a
person is an Associate of the Bidder or the Joint Venture (the “JV”), as the case may be.
In case the Bidder is bidding as a Joint Venture (JV), the experience of only those Joint Venture
partners shall be considered for evaluation on any of the parameters under this section who
commit to have at least 26% percent share of subscribed and paid up capital in the SPV, and such
commitment is substantiated under Joint Venture Agreement.
2.1 Eligibility
Criteria Compliance Requirements Documents
Joint Venture
Single Submission
Requirement
Entity All Partners Each One Requirements
Combined Partner Partner
2.1.1 Nationality
Nationality in accordance with ITB must meet must meet must meet not applicable Forms
requirement requirement requirement ELI - 1; ELI - 2
Sub clause 4.2.
with attachments
2.1.2 Conflict of Interest

No conflicts of interest in must meet must meet must meet not applicable Letter of Technical
requirement requirement requirement Bid
accordance with ITB Sub-clause
4.3.

2.1.3 ADB Eligibility

Not having been declared ineligible must meet must meet must meet not applicable Letter of Technical
by ADB, as described in ITB Sub
clause 4.4.
2.1.4 Government-Owned Entity
Bidder required to meet conditions must meet must meet must meet not applicable Forms ELI - 1; ELI - 2
requirement requirement requirement with attachments
of ITB Sub clause 4.5.
2.1.5 United Nations Eligibility
Not having been excluded by an act must meet must meet must meet not applicable Letter of Technical
of compliance with a United
Nations Security Council resolution
in accordance with ITB Sub clause
4.7.
2.2 Pending Litigation and Arbitration

No pending litigation and arbitration criterion.
2.3 Financial Situation
2.3.1 Historical Financial Performance
Joint Venture
Single Submission
Requirement
Entity All Partners Each Requirements
One Partner
Combined Partner
Submission of audited financial must meet Not Must meet Lead member must Form FIN - 1 with
statements, for the last 5 (five) financial 25% applicable. 12.5% meet attachments
years, preceding* the date of bid of Estimated of Estimated 25% of Estimated
Project Cost Project Cost Project Cost
submission (financial year as adopted in
(defined in (defined in (defined in Section
the country of the bidder) to Section 2, Section 2, ITB 2, ITB 1.1)
demonstrate the current soundness of ITB 1.1) 1.1)
the Bidder’s financial position. As a
minimum, the Bidder’s net worth for the
financial year preceding the date of Bid
Submission calculated as the difference
between total assets and total liabilities
should meet the requirement.
*Note: "Itis clarified that the Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall
be the year immediately preceding Year 1 and so on. Notwithstanding anything to the contrary contained herein, in
the event that the Bid Due Date falls within 6 (six) months of the closing of the latest financial year of a Bidder, it
shall ignore such financial year for the purposes of its Bid and furnish all its information and certification with
reference to the 5 (five) years or 1 (one) year, as the case may be, preceding its latest financial year. For the
avoidance of doubt, financial year shall, for the purposes of a Bid hereunder, mean the accounting year followed
by the Bidder in the course of its normal business."
2.3.2 Average Annual Construction Turnover


Joint Venture
Single All Partners Each One Submission
Requirement Combined Partner Partner
Entity Requirements
Minimum average annual construction must meet must meet Each Lead Form FIN- 2
turnover as specified in Enclosure - I 100% 100% member Member
for the respective packages calculated requirement requirement must meet must meet
as total certified payments received for 25% 50%
Contract in progress or completed of the of the
within last 3 financial years preceding* requirement requirement
the date of bid submission.
*Note: "Itis clarified that the Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall
be the year immediately preceding Year 1 and so on. Notwithstanding anything to the contrary contained herein, in
the event that the Bid Due Date falls within 6 (six) months of the closing of the latest financial year of a Bidder, it
shall ignore such financial year for the purposes of its Bid and furnish all its information and certification with
reference to the 5 (five) years or 1 (one) year, as the case may be, preceding its latest financial year. For the
avoidance of doubt, financial year shall, for the purposes of a Bid hereunder, mean the accounting year followed
by the Bidder in the course of its normal business."
2.3.3 Financial Resources
If the bid evaluation process and the decision for the award of the Contract takes more than one (1)
year from the date of bid submission, Bidders shall be asked to resubmit their current contract
commitments and latest information on financial resources supported by latest audited accounts /
audited financial statements, or if not required by the law of the Bidder’s country, other financial
statements acceptable to the Employer, and the Bidders’ financial capacity shall be reassessed on this
basis.
Joint Venture
Single Submission
Requirement All Partners Each One
Entity Requirements
Using Forms FIN- 3, FIN-4 and must meet must meet Not Not Form FIN
FIN-6 in Section 4 (Bidding requirement requirement Applicable Applicable -3 & FIN -
Forms), the Bidder must 3(a)
demonstrate availability of
financial resources
(i) Cash flow for the Project in
the form of credit limit specific
to the project issued by a
reputed bank to meet the cash
flow requirement as indicated
in Enclosure -1
Note: For cash flow requirement for the Project only such Financial Resources shall be considered
which are issued by a reputed Bank in the form of dedicated lines of credit specific to the project.

2.4 Construction Experience
2.4.1 Contracts of Similar Size and Nature

Joint Venture
Requirement Single Submission
Entity All Partners Each One Requirements
Experience in at least one contract must meet Not must meet Lead Partner Form EXP -1
that has been successfully or 100% of 50% must meet
applicable.
substantially completed within the requirement of 100% of
last 5 (five) years preceding the
requirement requirement
date of bid submission and that is
similar to the proposed works,
where the value of the Bidder’s
participation, as per actual, exceeds
the value shown in Enclosure-1.
The similarity of the contract with
the proposed works shall be based
on the physical size, nature of work,
complexity, methods, technology,
project cost or other characteristics
which shall be more than the value
shown in Enclosure-1.
Note 1: For Sub-Clause 2.4.1 in case of Single Entity, the Bidder should have undertaken the project
construction during the project execution by itself and it should not have sub-contracted more
than 49% of the work during project execution.
Note 2: For Sub-Clause 2.4.1 in case of the Joint Venture the Joint Venture Partner whose experience
is being cited for compliance of this criterion shall either have to undertake the project
construction during the project execution by itself or through an another joint venture partner
who meets or exceeds the compliance requirement as per Clause 2.4.1.
Note 3: The Completion or Substantial Completion shall be mandatorily supported by a certificate from
Employer (viz. a Government Entity/Government Undertaking) clearly stating the same, without
which the project experience will not be considered for evaluation
Note 4: The project experience of only those members shall be evaluated who are proposed to have more
than 26% stake as defined under the Joint Venture Agreement. In addition, the project experience
of only those projects will be considered, where, the applicant was issued an experience certificate
by the primary employer (viz. a Government Entity/Government Undertaking).
2.4.2 Deleted

Enclosure - 1 (Referred in Financial Resources Clause 2.3.3)
Civil Road No. Road Name Pkg Min. Avg. Min. Min. value
Packages Length Annual Financial of a Single
(In Constructio Resources Contract
Km) n Turnover for the Executed
(INR project (INR
Million) (INR Million)
Million)
Bhabra-Katthiwada-Kheda
SH-36
Pkg-1 road 61.80 1847.20 184.72 1293.04
SH-36 Bhabra-Udaigarh road
SH-36 Udaigarh-Bori road
Pkg-2 SH-36 Tanda-Bori road 54.65 1759.90 175.99 1231.93
SH-36 Tanda-Balwadi road
Pkg-3 MP-MDR-47-06 Jobat-Nanpur road 21.60 645.40 64.54 451.78
Pkg-4 MP-MDR-47-12 Alirajpur-Mathwad road 57.00 1879.40 187.94 1315.58
Badwani-Badhan-Ambapani-
MP-MDR-48-04
Sindhi-Khodar-Silawad road
Pkg-5 25.20 1269.40 126.94 888.58
Dhavabawdi-Balkua-Lonsara-
MP-MDR-48-08
Borlay road
Pkg-6 SH-24 Satna-Amarpatan road 29.30 940.10 94.01 658.10
SH-24 Sirmour-Keonti road
Pkg-7 Rewa-Beeda-Semariya road 50.2 1159.50 115.95 811.70
SH-24
upto Godha Junction
Khanuakhas-Langhadol-
Bindul-Gopad River Bridge to
MP-MDR-12-16
CG Border (Kamarji-Janakpur
Pkg-8 road) 77.00 1908.70 186.42 1336.09
Waidhan-Telai-Singrouliya-
MP-MDR-12-15 Makrohar-Badgad-Viharpur-
upto Chhattisgarh Border
Langhatola-Patna-Karpa-
Pkg-9 MP-MDR-15-07 Sarai-Ahirgaon-Kelamania 52.60 1726.30 170.88 1208.41
road
Pkg-10 MP-MDR-18-13 Pawai-Mohindra-Semaria road 38 995.10 99.51 696.60
Badvar-Tamra-Sitapur-
MP-MDR-10-16
Mauganj Road
Pkg-11 Raipur-Karchuliyan to 57.35 1712.80 171.28 1199.00
MP-MDR-10-14 Supiya-Bhaluha-Mahsaon
Road
Pkg-13 MP-MDR-14-03 Beohari-Bansukli-Sidhi Road 46.40 1083.70 108.37 758.59
Aaron Via Vidoriya-
SH-09
Raghavgarh
Pkg-14 74 1468.60 146.86 1028.00
Ashoknagar-Aaron Road
SH-09
(Upto Sindh River)
SH-2A Mohna-Patai Road
Pkg-15 SH-2A Chitauli-Ranighati Road 35 1103.70 110.37 772.60
SH-03 Bhitarwar-Karera Road
Aavan Road Maksudangadh to
Pkg-16 SH-18
Janjali
39.4 946.90 94.69 662.80
Neemdana-Hirdagarh-
SH-41 Navegaon-Nidrai-Bordehi
Pkg-17
Road
68.4 2665.30 266.53 1865.70
SH-41 Tamiya-Junnardevi Road
Pkg-18 SH-22 Sahajpur-Ghatkhedi-salabaru- 87.3 2367.70 236.77 1657.40

Civil Road No. Road Name Pkg Min. Avg. Min. Min. value
Packages Length Annual Financial of a Single
(In Constructio Resources Contract
Km) n Turnover for the Executed
(INR project (INR
Million) (INR Million)
Million)
Pratapgarh, Ghatkedi -
Pipaliya Road
Salabaru-Gutori-Deori-
SH-22 Gorakhpur-Ghalawan-Sadrai-
Hirapur-Kakraghat Road
Maharastra Border-Kukru-
Pkg-19 SH-41
Khamla-Bhaisdehi
30 905.10 90.51 633.60
Pkg-22 SH-21 Sagar-Rehli (SH-15) 42.2 1036.50 103.65 725.60
Pkg-23 SH-48 Baihar-Lamta Road 52.2 547.10 54.71 383.00
Porsa-Mehgaon-Mau-Sevda
SH-1
Pkg-26 Road 89.40 2612.3 261.23 1828.61
MP-MDR-01-05 Jamna-Bilav Road
Pahadgad-Sahasram Via
MP-MDR-02-19 Maran -Kanhar (Upto Khurjan
Road)
Noorabad-Padhavali Road to
MP-MDR-02-12
Sanichra Road 122.5
Pkg-27 3451.7 345.17 2416.19
MP-MDR-02-15
Nepri to Brijgadi via 0
Kishangad-Kukroli Road
Kailaras to Jaura via
MP-MDR-02-16 Pahadgad-Manpur-Nirar-
Pagara Road
MP-MDR-33-13 Semri-Sangakheda road
Pkg-50 25.30 640.8 64.08 448.56
MP-MDR-33-17 Sonasawri-Sanwalkheda road
MP-MDR-32-14 Siddikganj-Hatpipaliya Road
Bhaukhedi-Amlaha-
MP-MDR-32-09
Pkg-52 Dhamanda Road 51.60 1276.5 127.65 893.55
Toomda-Patania-Barkheda
MP-MDR-31-05
Saalam road
Note:
1. It is pointed out that the Minimum Financial Resources for the Project should be in the form of Credit
Lines issued by reputed Indian/ Foreign Bank specifically for the related project(s) applied for. It
should be in the form of an under taking by the Bank that if the said project(s) is awarded to the firm,
it (the Bank) shall extend the firm a credit line of required amount (as indicated in Column 'f').
2. Any road work including CD Structure having flexible / rigid pavement shall be considered under
requirement criteria sub-clause 2.4.1.
3. If a bidder submits several successful (lowest evaluated substantially responsive) bids, the Bidder
should meet the requirement under sub-clause 2.4.1 individually for each package for assessment of
the Bidder's capacity. However, value of work experience of single contract of the Bidder meeting
the requirement of aggregated value of several lowest evaluated substantially responsive Packages
under sub-clause 2.4.1 shall be considered for the assessment of the Bidder's capacity.

Section 4 - Bidding Forms

- Without Prequalification -
This Section contains the forms to be completed by the Bidder and submitted as part of its Bid.
Table of Forms
Letter of Technical Bid ..........................................................................................................................................
Letter of Price Bid ..................................................................................................................................................
Bid Security .............................................................................................................................................................
Bid-Securing Declaration .......................................................................................................................................
Technical Proposal .................................................................................................................................................

Personnel ...........................................................................................................................................................
Form PER – 1: Proposed Personnel ...........................................................................................................
Form PER – 2: Resume of Proposed Personnel ........................................................................................
Equipment .........................................................................................................................................................
Site Organization ...............................................................................................................................................
Method Statement .............................................................................................................................................
Mobilization Schedule .......................................................................................................................................
Construction Schedule .......................................................................................................................................
Bidders Qualification .............................................................................................................................

Form ELI – 1: Bidder’s Information Sheet .........................................................................................................
Form ELI – 2: Joint Venture Information Sheet .................................................................................................
Form LIT – 1: Pending Litigation and Arbitration ..............................................................................................
Form FIN – 1: Historical Financial Performance ................................................................................................
Form FIN – 2: Average Annual Construction Turnover .....................................................................................
Form FIN – 3: Availability of Financial Resources...........................................................................................
Form FIN – 4: Financial Requirements for Current Contract Commitments ......................................................
Form FIN – 5: Self-Assessment Tool for Bidder's Compliance to Financial Resources .....................................
Form EXP – 1: Contracts of Similar Size and Nature ........................................................................................
Form EXP – 2: Construction Experience in Key Activities ...............................................................................
Schedules .................................................................................................................................................................
Schedule of Payment Currencies .......................................................................................................................
Tables of Adjustment Data ................................................................................................................................
Bill of Quantities .....................................................................................................................................................

Letter of Technical Bid

-Note-
The bidder must accomplish the Letter of Technical Bid on its letterhead clearly showing the bidder’s complete name and address.
Date:...............................................
OCB No.: PPPPMPRSP..........................................
Invitation for Bid No.: . PPPPMPRSP..........................................
To: ....................................................................................................................................................................
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including Addenda issued
in accordance with Instructions to Bidders (ITB) 8.
(b) We acknowledge that the Employer is relying on the information provided in the Bid and the
documents accompanying the Bid for selection of the Concessionaire for the aforesaid Project and
we certify that all information provided in the Bid are true and correct, nothing has been omitted
which will render such information misleading and all documents accompanying the Bid are true
copies of the respective originals.
(c) We offer to execute in conformity with the Bidding Documents the following Works:
..................................................................................................................................................................
..................................................................................................................................................................
................................................................................................................................................. ...............
(d) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of 180 days
from the date fixed for the bid submission deadline in accordance with the Bidding Documents, and
it shall remain binding upon us and may be accepted at any time before the expiration of that
period;
(e) Our firm, including any Subcontractors or Suppliers for any part of the Contract, has
nationalities from eligible countries in accordance with ITB 4.2.
(f) We, including any Subcontractors or Suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB 4.3.
(g) We are not participating, as a Bidder in more than one Bid in this bidding process in
accordance with ITB 4.3(e), other than alternative offers submitted in accordance with ITB-13.
(h) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of the
contract, has not been declared ineligible by ADB, under the Employer’s country laws or official
regulations or by an act of compliance with a decision of the United Nations Security
Council.
(i) [We are not a government-owned enterprise] / [We are a government-owned enterprise but meet
the requirements of ITB 4.5]. 1
1
Use one of the two options as appropriate.

(j) We agree to permit ADB or its representative to inspect our accounts and records and other
documents relating to the bid submission and to have them audited by auditors appointed by ADB.
(k) If our Bid is accepted, we commit to mobilizing key equipment and personnel in accordance with
the requirements set forth in Technical Schedule of this ITB and our technical proposal, or as
otherwise agreed with the Employer.
(l) We undertake that in case due to any change in facts or circumstances during the Bidding
Process, any provisions of disqualification in terms of the provisions of this Instruction to Bidders
(ITB) become or are likely to become applicable to us, we shall intimate the Employer of the same
immediately.
(m) The Statement of Legal Capacity as per format provided at Section 4 of the ITB, and duly
signed, is enclosed. The Power Of Attorney for Signing of Bid and the Power Of Attorney for Lead
Member of Joint Venture, as per format provided at Section 4 of the ITB, are also enclosed.
(n) We understand that you may cancel the Bidding Process at any time and that you are neither bound
to accept any Bid that you may receive nor to invite the Bidders to bid the Project without incurring
any liability to the Bidders.
(o) We hereby irrevocably waive any right or remedy which we may have at any stage at law or
howsoever otherwise arising to challenge or question any decision taken by the Employer in
connection with the Bidding Process itself in respect of the above mentioned Project ant the term of
implementation thereof.
(p) We have studied the Bidding Documents carefully and conducted necessary survey for the
purpose of submitting our Bid. We understand that we shall have no claim, right or title arising out
of any documents or information provided to us by the Employer or in respect of matter arising out
of or relating to the Bidding Process including the award of the Project.
(q) We agree and understand that the Bid is subject to the provision of ITB. In no case, we shall have
any claim or right of whatsoever nature if the Project is not awarded to us or our Bid is not opened
or rejected.
(r) In the event we are declared as the successful bidder we agree to enter into a Contract
Agreement/ Concession Agreement in accordance with the draft that has been provided in Section
10 of the ITB. We agree not to seek any changes in the aforesaid draft and agree to abide by the
same.
Name ..........................................................................................................................................................In the
capacity of .........................................................................................................
Signed ........................................................................................................................
Duly authorized to sign the Bid for and on behalf of...................................................
Date ……………………..……

Letter of Price Bid

-Note-
The bidder must accomplish the Letter of Price Bid on its letterhead clearly showing the bidder’s complete name and
address.
Date:...............................................
OCB No.: PPPPMPRSP..........................................
Invitation for Bid No.: . PPPPMPRSP..........................................
To:
....................................................................................................................................................................
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) 8.
(b) We offer to execute in conformity with the Bidding Documents and the Technical Bid
submitted for the following Works........................................................................ ...............
...............................................................................................................................................................
...............................................................................................................................................................
....................................................
(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
As per our Online Submission of Price Bid
(e) Our Bid shall be valid for a period of 180 days from the date fixed for the bid submission deadline
in accordance with the Bidding Documents, and it shall remain binding upon us and may be
accepted at any time before the expiration of that period.
(f) If our Bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Documents.
(g) We have paid, or will pay the following commissions, gratuities, or fees with respect to the
bidding process or execution of the Contract. 2
Name of Recipient Address Reason Amount
............................... ............................... ............................... ...............................

............................... ............................... ............................... ...............................
(h) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed.
(i) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you
may receive.
(j) We agree to permit ADB or its representative to inspect our accounts and records and other
documents relating to the bid submission and to have them audited by auditors appointed by ADB.
Name .......................................................................................................................................................
In the capacity of .....................................................................................................................................
Signed ......................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of ............................................................................
Date ..............................

Statement of Legal Capacity
(To be forwarded on the letterhead of the Bidder / Lead Member of JV)
Ref. Date:
To,
……………………
……………………
Dear Sir,
We hereby confirm that we/ our members in the Joint Venture (Joint Venture of which has been
described in the application) satisfy the terms and conditions laid out in the Bidding Documents.
We have agreed that …………………… (Insert member’s name) will act as the Lead Member of our Joint
Venture. We have agreed that ………………….. (Insert individual’s name) will act as our representative/
will act as the representative of the Joint Venture on its behalf* and has been duly authorized to submit the
Bid. Further, the authorized signatory is vested with requisite powers to furnish such letter and authenticate
the same.
Thanking you,
Yours faithfully,
(Signature, name and designation of the authorized signatory)
For and on behalf of……………………………..

Bid Security
Bank Guarantee
........................................................... Bank’s name and address of issuing branch or office 3 ...........................................................

Beneficiary: .......................................... Name and address of employer ........................................................... Date:
................................................................................................................................................................................................... Bid
Security No.:........................................................................................................................................................................
We have been informed that . . . . . name of the bidder. . . . . (Hereinafter called "the Bidder") has
submitted to you its bid dated . . . . . . . . . (Hereinafter called "the Bid") for the execution of
...........................................................................................................................................................................
...........................................................................................................................................................................
................................................. (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
guarantee.
At the request of the Bidder, we . . . . . name of bank. . . . . hereby irrevocably undertake to pay you any
sum or sums not exceeding in total an amount of . . . . . . . . . .amount in figures . . . . . . . . . (. . . . . . .amount
in words . . . . . . . )upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the
Bidder:
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Letter of
Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid
validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the
performance security, in accordance with the ITB, or (iii) fails or refuses to furnish a domestic
preference security, if required.
This guarantee will expire (a) if the Bidder is the successful Bidder, upon our receipt of copies of the
Contract Agreement signed by the Bidder and the Performance Security issued to you upon the
instruction of the Bidder; or (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our
receipt of a copy of your notification to the Bidder of the name of the successful Bidder, or (ii) 30 days
after the expiration of the Bidder’s bid.
Consequently, any demand for payment under this guarantee must be received by us at the office on or
before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458 or 758 as applicable
. . . . . . . . . .Bank’s seal and authorized signature(s) . . . . . . . . . .

-- Note –
In case of a joint venture, the bid security must be in the name of all partners to the joint venture that submits the bid.
3
All italicized text is for use in preparing this form and shall be deleted from the final document

Format for Power of Attorney for signing of Bid

(Refer ITB 11.2)
Know all men by these presents, We, (name of the firm and address of the registered
office) do hereby irrevocably constitute, nominate, appoint and authorize Mr. / Ms (Name),
son/daughter/wife of and presently residing at
___________________ who is presently employed with us/ the Lead Member of our Joint Venture 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 are necessary or required in connection with or incidental to submission of our bid for
................................................................................................................................. ........................................
.........................................................................................................................................................................
.................................. Project proposed or being developed by the Madhya Pradesh Road Development
Corporation Ltd. (a Govt. of MP Undertaking) (the “Employer”) 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 Employer, representing us in all matters before
the Employer, signing and execution of all contracts including the Contract Agreement and undertakings
consequent to acceptance of our bid, and generally dealing with the Employer 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 Contract Agreement with the Employer.
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 to have 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) of person authorized by Board Resolution (in case of
Firms/Company)/Partner in case of Partnership Firms
Witnesses:
1.
2.
Notarized
Notarized
Person identified by me/personally appeared before me
/signed before me/Attested/Authenticated* (*Notary to specify as applicable)
(Signature, Name and Address of the Notary) Seal of the Notary
Registration Number of the Notary
Date _________
Accepted
(Signature, name, designation and address of the Attorney)
Notes:
• The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants (s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
• 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 favor 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 legalized by the Indian Embassy and notarized in the jurisdiction where the Power
of Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed The Hague Legislation Convention, 1961 are not required
to be legalized by the Indian Embassy if it carries a conforming Appostille certificate.

Format for Power of Attorney for Lead Member of

Joint Venture
(Refer ITB 11.2)
Whereas the Madhya Pradesh Road Development Corporation Ltd. (a Govt. of MP undertaking) (“the
Employer”) has invited bids from interested parties for the
.....................................................................................................................................................................
.....................................................................................................................................................................
.....................................................................................................................................................................
......................... (“the Project”). Whereas, , ,and . (collectively the “Joint Venture”)
being Members of the Joint Venture are interested in bidding for the Project in accordance with
the terms and conditions of the Bidding Documents dated and other connected
documents in respect of the Project, and
Whereas, it is necessary for the Members of the Joint Venture to designate one of them as the Lead
Member with all necessary power and authority to do for and on behalf of the Joint Venture, all acts,
deeds and things as may be necessary in connection with the Joint Venture’s bid for the Project and its
execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, having our registered office at , M/s. _ , having our registered

office at ___ , and M/s. , having our registered office
at , (hereinafter collectively referred to as the “Principals”) do hereby irrevocably
designate, nominate, constitute, appoint and authorise M/s _, having its registered office
at , being one of the Members of the Joint Venture, as the Lead Member and true and lawful
attorney of the Joint Venture(hereinafter referred to as the “Attorney”) and hereby irrevocably
authorize the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the
Joint Venture and any one of us during the bidding process and, in the event the Consortium is
awarded the Contract, during the execution of the Project, and in this regard, to do on our behalf and
on behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required or
incidental to the submission of its bid for the Project, including but not limited to signing and
submission of all applications, bids and other documents and writings, accept the Letter of
Award, participate in bidders’ and other conferences, respond to queries, submit information/
documents, sign and execute contracts and undertakings consequent to acceptance of the bid of the
Joint Venture and generally to represent the Joint Venture in all its dealings with the Employer, and/
or any other Government Agency or any person, in all matters in connection with or relating to or
arising out of the Joint Venture’s bid for the Project and/ or upon award thereof till the Contract
Agreement is entered into with the Employer.
AND 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 to have been done by us/ Joint Venture.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS

POWER OF ATTORNEY ON THIS DAY OF 20

For
(Signature, Name & Title)
For
For
Witnesses:
1.
2.
(Executants)
(To be executed by all the Members of the Joint Venture)
Notes:
• The mode of execution of the Power of Attorney should be in accordance

with the procedure, if any, laid down by the applicable law and the charter
documents of the executant (s) and when it is so required, the same should be
under common seal affixed in accordance with the required procedure.
• Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a resolution/ power of attorney in
favor 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 legalized by the Indian Embassy and notarized in the jurisdiction
where the Power of Attorney is being issued. However, the Power of Attorney
provided by Bidders from countries that have signed The Hague Legislation
Convention, 1961 are not required to be legalized by the Indian Embassy if it
carries a conforming Appostille certificate.

Format for Joint Venture Agreement

(Refer ITB 11.2)
(To be executed on non-Judicial stamp paper of appropriate value for Indian Lead firm, and appropriate
notarized legal forms in other cases)
THIS JOINT VENTURE AGREEMENT is entered into on this the day of , 20
AMONGST
1. { Limited, and having its registered office at } (herein after referred to as the “First
Part” which expression shall, unless repugnant to the context include its successors and permitted
assigns)
AND
2. { _ Limited, having its registered office at } and (hereinafter referred to as
the “Second Part” which expression shall, unless repugnant to the context include its successors and
permitted assigns)
AND
3. {_ _ Limited, and having its registered office at __} (hereinafter referred to as
the “Third Part” which expression shall, unless repugnant to the context include its successors and
permitted assigns)
The above mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively referred to
as the “Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) Public Works Department, Government of Madhya Pradesh (MPPWD), represented by Managing
Director, Madhya Pradesh Road Development Corporation Ltd. (a Govt. of MP Undertaking)
(MPRDC) having its Administrative office at 45-A, Arera Hills, Bhopal- 462011, Madhya Pradesh, India
(hereinafter referred to as the “Employer” which expression shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and assigns) has invited bids (the Bids”) by its
Instruction to Bidders No. dated (the “ITB”) for award of contract for
.....................................................................................................................................................................
.....................................................................................................................................................................
..................................................................................................................................................................
.....................................................................................................................................................................
.....................................................................................................................................................................
..................................................................................................................................................................
.....................................................................................................................................................................
......................................................................................................................................... (the “Project”).
(B) The Parties are interested in jointly bidding for the Project as members of a Joint Venture and in
accordance with the terms and conditions of the ITB document and other bid documents in respect of
the Project, and
(C) It is a necessary condition under the ITB document that the members of the Joint Venture shall enter into a
Joint Venture Agreement and furnish a copy thereof with the Bid.
NOW IT IS HEREBY AGREED as follows
1. Definitions and Interpretations
In this Agreement, the capitalized terms shall, unless the context otherwise requires, have the meaning
ascribed thereto under the ITB.
2. Joint Venture
2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”) for the purposes
of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through this Joint
Venture and not individually and/ or through any other Joint Venture constituted for this Project,
either directly or indirectly or through any of their Associates.
3. Covenants
The Parties hereby undertake that in the event the Joint Venture is declared the selected Bidder and
awarded the Project, it shall incorporate a special purpose vehicle (the “SPV”) under the Indian
Companies Act /2013 for entering into a Contract Agreement/Concession Agreement with the
Employer and for performing all its obligations as the Concessionaire in terms of the Contract
Agreement/Concession Agreement for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have the power
of attorney from all Parties for conducting all business for and on behalf of the Joint Venture
during the Bidding Process and until the Appointed Date under the
Contract Agreement/Concession Agreement when all the obligations of the SPV shall become
effective;
(b) Party of the Second Part shall be {the Technical Member of the Joint Venture ;}
{(c) Party of the Third Part shall be the Financial Member of the Joint Venture; and}
{(d) Party of the Fourth Part shall be the Operation and Maintenance Member/ Other Member of the
Joint Venture.}
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the Project and in accordance with the terms of the ITB and the Contract
Agreement/Concession Agreement, till such time as the Financial Close for the Project is achieved
under and in accordance with the Contract Agreement/Concession Agreement.
6. Shareholding in the SPV
The Parties agree that the proportion of shareholding among the Parties in the SPV shall be as follows: First
Party:
Second Party:
{Third Party:}
{Fourth Party:}

6.2 The Parties undertake that a minimum of 26% (twenty six per cent) of the subscribed and paid up
equity share capital of the SPV shall, at all times till the second anniversary of the date of
commercial operation of the Project, be held by the Parties of the First, {Second and Third} Part
whose experience and net worth have been reckoned for the purposes of qualification and short-
listing of Bidders for the Project in terms of the ITB.
6.3 The Parties undertake that each of the Parties specified in Clause 6.2 above shall, at all times
between the commercial operation date of the Project and the second anniversary thereof, hold
subscribed and paid up equity share capital of SPV equivalent to at least 5% (five per cent) of the
Total Project Cost.
6.4 The Parties undertake that they shall collectively hold at least 51% (fifty one per cent) of the
subscribed and paid up equity share capital of the SPV at all times until the second anniversary of the
commercial operation date of the Project.
6.5 The Parties undertake that they shall comply with all equity lock-in requirements set forth in the
Contract Agreement/Concession Agreement.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organized, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;
(b) The execution, delivery and performance by such Party of this Agreement has been authorized by all
necessary and appropriate corporate or governmental action and a copy of the extract of the charter
documents and board resolution/ power of attorney in favor of the person executing this Agreement
for the delegation of power and authority to execute this Agreement on behalf of the Joint Venture
Member is annexed to this Agreement, and will not, to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to it;
(iii) violate the memorandum and articles of association, by-laws or other applicable
organizational documents thereof;
(iv) violate any clearance, permit, , grant, license or other governmental authorization, approval,
judgment, order or decree or any mortgage agreement, indenture or any other instrument to
which such Party is a party or by which such Party or any of its properties or assets are bound
or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or
Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances
or mortgage in or on the property of such Party, except for encumbrances that would not,
individually or in the aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from fulfilling its obligations
under this Agreement;

c) this Agreement is the legal and binding obligation of such Party, enforceable in accordance with its
terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge, threatened to which it or
any of its Affiliates is a party that presently affects or which would have a material adverse effect on
the financial condition or prospects or business of such Party in the fulfilment of its obligations under
this Agreement.
8. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and effect until
the Financial Close of the Project is achieved under and in accordance with the Contract
Agreement/Concession Agreement, in case the Project is awarded to the Joint Venture. However, in
case the Joint Venture is either not pre-qualified for the Project or does not get selected for award of
the Project, the Agreement will stand terminated in case the Bidder is not pre-qualified or upon return
of the Bid Security by the Employer to the Bidder, as the case may be.
9. Miscellaneous
9.1 This Joint Venture Agreement shall be governed by laws of {India}.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties without
the prior written consent of the Employer.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of
LEAD MEMBER by: SECOND PART
(Signature) (Signature) (Name)
(Name) (Designation)
(Designation)
(Address)
(Address)
For and on behalf of For and on behalf of

THIRD PART FOURTH PART
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
For and on behalf of For and on behalf of
FIFTH PART SIX PART
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
In the presence of:
1. 2.
Notes:
1. The mode of the execution of the Joint Venture Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the executant(s) and
when it is so required, the same should be under common seal affixed in accordance with the
required procedure.
2. Each Joint Venture Agreement should attach a copy of the extract of the charter documents and
documents such as resolution / power of attorney in favor of the person executing this Agreement for
the delegation of power and authority to execute this Agreement on behalf of the Joint Venture
Member. For a Joint Venture Agreement executed and issued overseas, the document shall be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has
been executed.

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

Personnel
Form PER – 1: Proposed Personnel
Bidder should provide the details of the proposed personnel and their experience record in the relevant
Information Forms as referred in Section 7 of this ITB (DCA Article 5.0 Clause 5.5).

Form PER – 2: Resume of Proposed Personnel
The Bidder shall provide all the information requested below. Use one form for each position.
Position
Personnel Name Date of birth

information
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.
From To Company/Project/Position/Relevant Technical and Management Experience

Equipment
Form EQU: Equipment
The Bidder shall provide adequate information and details to demonstrate clearly that it has the capability to
meet the equipment requirements as per Section 7 of this ITB / or Good Industry Practice, using the
Forms below. A separate Form shall be prepared for each item of equipment listed, or for alternative
equipment proposed by the Bidder.
Item of Equipment
Equipment Name of manufacturer Model and power rating

Information
Capacity Year of manufacture
Current Status Current location
Details of current commitments
Source Indicate source of the equipment
 Owned  Rented  Leased  Specially manufactured
Omit the following information for equipment owned by the Bidder.
Owner Name of owner
Address of owner
Telephone Contact name and title
Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project

Site Organization
Method Statement
Mobilization Schedule
Construction Schedule

Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation and
Qualification Criteria) the Bidder shall provide the information requested in the corresponding
Information Sheets included hereunder.

Form ELI - 1: Bidder’s Information Sheet
Bidder’s Information
Bidder’s legal name
In case of a Joint Venture, legal

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

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

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

Specialist Subcontractor’s legal
name

Specialist Subcontractor’s
country of constitution

Specialist Subcontractor’s year
of constitution

Specialist Subcontractor’s legal
address in country of
constitution

Specialist Subcontractor’s
authorized representative
information
(name, address, telephone
number(s), fax number(s), e-mail
address)
Attached are copies of the following documents.
 1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITB 4.1 and ITB 4.2.
 2. Authorization to represent the firm named above, in accordance with ITB 20.2.
 3. In the case of a government-owned enterprise, documents establishing legal and financial autonomy and
m compliance with commercial law, in accordance with ITB 4.5.
A Specialist Subcontractor is a specialist enterprise engaged for highly specialized processes that cannot be
provided by the main Contractor.

Form FIN - 1: Historical Financial Performance
Each Bidder must fill out this form.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the Joint
Venture Partner’s name below:
Joint Venture Partner: ___________________
Financial Data for Previous ……… Years [$ Equivalent]

Year 1: Year 2: Year __:
Information from Balance Sheet
Total Assets (TA)
Total Liabilities (TL)
Net Worth = TA – TL
Current Assets (CA)
Current Liabilities (CL)
Working Capital = CA -
CL
Most Recent To be obtained for most recent year and carried forward to FIN - 3
Line 1; in case of Joint Ventures, to the corresponding Joint Venture
Working Capital Partner’s FIN – 3.
Information from Income Statement
Total Revenues
Profits Before Taxes
Profits After Taxes
 Attached are copies of financial statements (balance sheets including all related notes and income statements) for the last _____ years, as
indicated above, complying with the following conditions:
 Unless otherwise required by Section 3 of the Bidding Document, all such documents reflect the financial situation of the legal
entity or entities comprising the Bidder and not the Bidder’s parent companies, subsidiaries, or affiliates.
 Historical financial statements must be audited by a certified accountant.
 Historical financial statements must be complete, including all notes to the financial statements.
 Historical financial statements must correspond to accounting periods already completed and audited (no statements for partial
periods shall be requested or accepted).

Form FIN - 2: Average Annual Construction Turnover
Each Bidder must fill out this form.
The information supplied should be the Annual Turnover of the Bidder or each member of a Joint
Venture in terms of the amounts billed to clients for each year for work in progress or
completed, converted to US dollars at the rate of exchange at the end of the period
reported.
Annual Turnover Data for the Last ……. Years (Construction only)
Amount Exchange INR
Year
Currency Rate Equivalent
Average Annual Construction Turnover
Note: The Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be the year
immediately preceding Year 1 and so on. Notwithstanding anything to the contrary contained herein, in the event
that the Bid Due Date falls within 6 (six) months of the closing of the latest financial year of a Bidder, it shall
ignore such financial year for the purposes of its Bid and furnish all its information and certification with reference
to the 5 (five) years or 1 (one) year, as the case may be, preceding its latest financial year. For the avoidance of
doubt, financial year shall, for the purposes of a Bid hereunder, mean the accounting year followed by the Bidder
in the course of its normal business.

Form FIN – 3: Availability of Financial Resources
Bidders must demonstrate sufficient financial resources, usually comprising of Working Capital supplemented by
credit line statements or overdraft facilities and others to meet the Bidder’s financial requirements for
(a) its current contract commitments, and

(b) the subject contract.
Financial Resources
N Source of financing Amount(INR equivalent)

N
1. Working capital (to be taken from FIN-1)
o
1.
2. Credit line *2
o
.3
3. Other Financial Resources
Total Available Financial Resources
The data provided in the form above shall be substantiated by Statutory Auditor Certificate from each JV
member. For conversion of foreign currencies to Rupees, the rate of conversion shall be as on the date 60
(sixty) days prior to the Deadline for submission of bids. In case of amount in foreign currency, the figures are to
be given in relevant currency and Figures in INR may be worked out as per Reserve Bank of India (website
www.rbi.org.in) exchange rates prevailing at that time.
Statutory Auditors shall mean the auditors appointed by the company in accordance with the provisions of the
Companies Act, 2013 (in India) or any equivalent law existing in the jurisdiction of incorporation of the
Bidder/ Members of Joint Venture.
*
To be substantiated by a letter from the bank issuing the line of credit.
Note: For cash flow requirement for the project only such Financial Resources shall be considered which are
issued in the form of dedicated lines of credit for specific to the project in form Fin-4.

FORMFIN-3(a):Bank Certificate
[The following form shall be filled in for the single Applicant]
FORMATFOREVIDENCEOFACCESSTOORAVAILABILITYOFCREDITFACILITIES
BANKCERTIFICATE
This is to certify that M/s is a reputed company with

a good financial standing. If the contract for the work, namely
....................................................................................................................................................................
....................................................................................................................................................................
....................................................................................................................................................................
....................................................................................................................................................................
....................................................................................................................................................................
....................................................................................................................................................................
[funded by the Asian Development Bank] is awarded to the above firm, we shall be able to provide
credit facilities including term loan for executing the above contract.
Civil Contract Road No. Name of Project Amount of

Package No. Road(s) Overdraft/ Credit
Facilities in INR
Signed:
Name of the Bank: Senior Bank Manager: Address of the Bank:
Telephone No:

[The following form shall be filled in for a Joint Venture]
FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT FACILITIES
BANK CERTIFICATE
This is to certify that M/s , M/s , M/s who have

formed a JV for the purpose of bidding for the below mentioned Project are reputed companies with
good financial standing.
If the contract for the work, namely .....................................................................................

....................................................................................................................................................................
....................................................................................................................................................................
................................................................................................................................................... .................
....................................................................................................................................................................
....................................................................................................................................................................
................................................................................ . [funded by the Asian Development Bank] is
awarded to the Joint Venture, we shall be able to provide credit facilities including term loan for
executing the above contract.
Signed:
Name of the Bank: Senior Bank Manager: Address of the Bank:
Telephone No:
Note: Certificate shall be issued by any Scheduled Commercial Bank located in India. In case
the bidder submits a Bank Certificate issued by a foreign bank from an ADB member country,
the Bank must have a corresponding Bank in India which in turn must issue a counter
guarantee on the guarantee issued by the foreign branch to make it enforceable.

Form FIN- 4: Financial Requirements for Current Contract Commitments
Bidders (or each Joint Venture partner) should provide information on their current commitments on all
contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for
contracts approaching completion, but for which an unqualified, full completion certificate has yet to be
issued. The data provided in the form below shall be certified by Statutory Auditor from each JV
member.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name below:
Current Contract Commitments
Outstanding
Employer’s Contract Contract Remaining Monthly Financial Resources
Contact Completion Value Contract Period Requirement
No Name of in months (Y) 2
. Contract (Address, Tel, 1 (X / Y)
Date (X)
Fax)
Total Monthly Financial Requirement for Current Contract Commitments INR . . . . . . . . . . . . . . . . .
1 th
For the avoidance of doubt, if the bid due date is 9 June 2018, the details of all such projects
nd
that have been awarded to JV member/Sole member on or before 2 June 2018 (and are either in
progress or yet to be started) have to be considered. Such projects will include all procurement modes
including item rate, EPC, PPP etc. PPP projects executed by subsidiary of the JV member/Sole
member shall also be included.
2
For EPC/Item rate contracts, Contract Value less amount billed shall be considered for the purpose
of calculation. For PPP projects, Concessionaire’s estimate of cost as per financial package less
amount spent shall be used for purpose of calculation.

Form FIN - 5: Compliance Check of Financial Resources (Criterion 2.3.3 of Section 3)
Form FIN-5A: For Single Entities
For Single Entities: Total Available Total Financial Available Financial Requirement
Financial Resources Requirement for Resources net of
from FIN-3 (C) Current Contract CCC (C-D) ≥
Commitments
(CCC) from FIN-4
`(D)
_______________
_______________ _______________ _______________ ≥ v
(Name of Bidder)
Form FIN-5B: For Joint Ventures
Total Available Total Financial Available Financial ≥ Requirementa

Financial Resources Requirement for Resources net of
For Joint Ventures: from FIN-3 (C) Current Contract CCC
Commitments (CCC)
(C-D)
from FIN-4 `(D)
One Partner :
_______________
B (%) of
_______________ _______________ _______________ ≥
requirement
(Name of Partner)
Each (other) Partner :
_______________
A (%) of
_______________ _______________ _______________ ≥
requirement
(Name of Partner 1)
_______________
A (%) of
_______________ _______________ _______________ ≥
requirement
(Name of Partner 2)
_______________
A (%) of
_______________ _______________ _______________ ≥
requirement
(Name of Partner 3)
∑(C-D) =
All partners 100% of
≥
combined [Where, Σ (C – D) = sum requirement
of available financial
resources net of current
contract commitments
(CCC) for all partners.]
- Note -
Form FIN – 5 is made available for use by the bidder as a self-assessment tool, and by the employer as
evaluation work sheet, to determine compliance with financial resources.
a
......Requirement for the subject contract is defined in Criterion 2.3.3(b) of Section 3. Value A is the required percentage of the subject
contract, which each partner must meet; and value B is the required percentage of the subject contract, which one partner must meet. A and
B values are defined in Criterion 2.3.3 of Section 3 (Evaluation and Qualification Criteria).

Form EXP – 1: Contracts of Similar Size and Nature
Fill out one (1) form per contract.
Contract of Similar Size and Nature
Contract No . . . . . . of . . . . . Contract Identification
Award Date Completion Date
Management Contractor/ Subcontractor

Contractor
Concessionaire
Total Contract Amount

(Total Project Cost as INR
indicated in Concession
Agreement as in case of a
PPP Contract)
If partner in a Joint Venture

or subcontractor, specify
Percent of Total Amount
participation of total
contract amount
Employer’s name
Address
Telephone number
Fax number
E-mail
Description of the Similarity in Accordance with Criterion 2.4.1 of Section 3 (Evaluation and Qualification Criteria)
Note:
1. All amounts are to be given in Indian Rupees. In case of amount in foreign currency, the figures
are to be given in relevant currency and Figures in INR may be worked out as per Reserve
Bank of India (website www.rbi.org.in) exchange rates prevailing at that time.
2. A certificate of completion/substantial completion/Provisional COD/COD must be enclosed

for each of the contracts indicated for experience. Else, the experience shall not be considered.
3. The data provided in the form above shall be substantiated by Statutory Auditor Certificate
from each JV member. Statutory Auditors shall mean the auditors appointed by the company
in accordance with the provisions of the Companies Act, 2013 (in India) or any equivalent law
existing in the jurisdiction of incorporation of the Bidder/ Members of Joint Venture.
Financial Year shall comprise the period between 1st April of one year and 31st March of
following year.

Form EXP - 2: Construction Experience in Key Activities
Fill out one (1) form per contract.
Contract with Similar Key Activities
Contract No . . . . . . of . . . . . Contract Identification
Award Date Completion Date
Management
Contractor Subcontractor
Contractor/
Concessionaire
Total Contract Amount
(Total Project Cost as INR
indicated in Concession
Agreement as in case of a
PPP Contract)
If partner in a Joint Venture
or subcontractor, specify
Percent of Total Amount
participation of total contract
amount
Employer’s name
Address
Telephone number
Fax number
E-mail
Description of the Key Activities in Accordance with Criterion 2.4.2 of Section 3
Note:
1. All amounts are to be given in Indian Rupees. In case of amount in foreign currency, the figures are to
be given in relevant currency and Figures in INR may be worked out as per Reserve Bank of India
(website www.rbi.org.in) exchange rates prevailing at that time.
2. A copy of the Contract, indicating the details pertaining to the key activities listed above, and the
relevant contract completion certificate issued by the company for whom such activities were
undertaken by the Bidder must be enclosed with the Bid Proposal. The contract for which a copy of
the Contract and relevant completion certificate is not enclosed will not be considered for evaluation
purpose. A certificate of completion/substantial completion/Provisional COD/COD must be enclosed
for each of the contracts indicated for experience. Else, the experience shall not be considered.
3. The data provided in the form above shall be substantiated by Statutory Auditor Certificate from each
JV member. Statutory Auditors shall mean the auditors appointed by the company in accordance with
the provisions of the Companies Act, 2013 (in India) or any equivalent law existing in the jurisdiction
of incorporation of the Bidder/ Members of Joint Venture. Financial Year shall comprise the period
between 1st April of one year and 31st March of following year.

Schedules
Schedule of Payment Currencies
For ........................... insert name of Section of the Works .................................................
Separate tables may be required if the various sections of the Works (or of the Bill of Quantities) will have
substantially different foreign and local currency requirements. In such a case, the Employer should
prepare separate tables for each Section of the Works.
A B C D
Percentage of
Amount of Rate of Exchange Local Currency Equivalent Net Bid Price (NBP)
Name of Payment Currency
Currency to Local Currency C=AxB 100xC
NBP
Local Currency
1.00
Foreign Currency #1
Foreign Currency #2
Foreign Currency #3
Net Bid Price 100.00
Provisional Sums Expressed 1.00

in Local Currency
BID PRICE
- Note -
The rates of exchange shall be the selling rates 28 days prior to the deadline for submission of bids published by the source
specified in BDS 15.

Tables of Adjustment Data

Price adjustment shall in line with the terms of the Concession Agreement.

Bill of Quantities
Not Applicable since this is a Hybrid Annuity Concession.

Section 5- Eligible Countries

ThisSectioncontainsthelistofeligiblecountries:http://www.adb.org/about/members
1. AFG Afghanistan 35. FSM Micronesia,FederalStatesof

2. ARM Armenia 36. MON Mongolia
3. AUS Australia 37. MYA Myanmar
4. AUT Austria 38. NAU Nauru
5. AZE Azerbaijan 39. NEP Nepal
6. BAN Bangladesh 40. NET TheNetherlands
7. BEL Belgium 41. NZL NewZealand
8. BHU Bhutan 42. NOR Norway
9. BRU BruneiDarussalam 43. PAK Pakistan
10. CAM Cambodia 44. PAL Palau
11. CAN Canada 45. PNG PapuaNewGuinea
12. PRC China,People’sRepublicof 46. PHI Philippines
13. COO CookIslands 47. POR Portugal
14. DEN Denmark 48. SAM Samoa
15. FIJ Fiji 49. SIN Singapore
16. FIN Finland 51. SOL SolomonIslands
17. FRA France 51. SPA Spain
18. GEO Georgia 52. SRI SriLanka
19. GER Germany 53. SWE Sweden
20. HKG HongKong,China 55. SWI Switzerland
21. IND India 55. TAJ Tajikistan
22. INO Indonesia 56. TAP Taipei,China
23. IRE Ireland 57. THA Thailand
24. ITA Italy 58. TIM Timor-Leste
25. JPN Japan 59. TON Tonga
26. KAZ Kazakhstan 60. TUR Turkey
27. KIR Kiribati 61. TKM Turkmenistan
28. KOR Korea,Republicof 62. TUV Tuvalu
29. KGZ KyrgyzRepublic 63. UKG UnitedKingdom
30. LAO LaoPDR 64. USA UnitedStates
31. LUX Luxembourg 65. UZB Uzbekistan
32. MAL Malaysia 66. VAN Vanuatu
33. MLD Maldives 67. VIE VietNam
34. RMI MarshallIslands

Section 6 - Employer’s Requirements
This Section contains qualification as per Section 3 of ITB
Section 7 - Conditions of Contract and Contract

Forms
This Section contains General Condition of Contract (GCC),
Particular Condition of Contract (PCC), Contract Forms
(COF) as per the Contract Agreement & Schedules on
Hybrid Annuity Model. Please Refer Bidding Document
Volume-II.

Bid Document Volume I PKG 3

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Bid Document Volume I PKG 3

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MADHYA PRADESH ROAD DEVELOPMENT

Promoting Public Private Partnership in Madhya Pradesh

PROJECT ASSISTANCE BY:

Bidding Document Procurement of Works Single-Stage: Two-Envelope

MP-MDR- Pahadgad-Sahasram Via Maran -Kanhar (Upto Khurjan Road) 24 Months

OCB No. : 17863/MPRDC/Procu/PPPPMPRSP/24-CW/426/2019

Employer : Madhya Pradesh Road Development Corporation Limited

Bidding Document Procurement of Works Single-Stage: Two-Envelope

Bidding Document Procurement of Works Single-Stage: Two-Envelope

Table of Contents - Summary Description

Section 2 - Bid Data Sheet (BDS) -------------------------------------------------------- 25-35

Section 3 - Evaluation and Qualification Criteria (EQC) --------------------------- 36-44

Section 4 - Bidding Forms (BDF) ------------------------------------------------------- 45-80

Section 5 - Eligible Countries (ELC) -------------------------------------------------- 81-82

This Section contains the list of eligible countries.

Section 6 - Employer’s Requirements (ERQ) -----------------------------------------

This Section contains qualification as per Section 3 of ITB

PART III CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section 7 - Hybrid Annuity Concession Agreement and Schedules --------------------------

(Contract/Concession Agreement) -----------------------------------------------------------------

Bidding Document Procurement of Works Single-Stage: Two-Envelope

Section 1 - Instructions to Bidders

B. Contents of Bidding Document

D. Submission and Opening of Bids

Bidding Document Procurement of Works Single-Stage: Two-Envelope

25. Bid Opening 25.1 - 25.11

E. Evaluation and Comparison of Bids

Bidding Document Procurement of Works Single-Stage: Two-Envelope

Section 1 - Instructions to Bidders

1.2 Throughout this Bidding Document,

Bidding Document Procurement of Works Single-Stage: Two-Envelope

impair or harm, directly or indirectly, any party or the property of

Bidding Document Procurement of Works Single-Stage: Two-Envelope

intent to enter into an agreement or under an existing agreement in the form of

(e) Individually or as a partner in a joint venture, except for alternative offers

A Bidder or any affiliated entity, participated as a Consultant in the

4.5 Government-owned enterprises in the Employer’s country shall be eligible

Bidding Document Procurement of Works Single-Stage: Two-Envelope

4.7 Firms shall be excluded if by an act of compliance with a decision of the

B. Contents of Bidding Document

PART I Bidding Procedures

Section 1 - Instructions to Bidders (ITB)

Section 2 - Bid Data Sheet (BDS)

Section 3 - Evaluation and Qualification Criteria (EQC)

Section 4 - Bidding Forms (BDF)

Section 5 - Eligible Countries (ELC)

Section 6 - Employer’s Requirements (ERQ)

PART III Conditions of Contract and Contract Forms

Section 7 - General Conditions of Contract (GCC)

Bidding Document Procurement of Works Single-Stage: Two-Envelope

Section 8 - Particular Conditions of Contract (PCC)

Bidding Document Procurement of Works Single-Stage: Two-Envelope

8.3 To give prospective Bidders reasonable time in which to take an addendum

11.2 The Technical Bid shall comprise the following:

Bidding Document Procurement of Works Single-Stage: Two-Envelope

b. completed Price Schedules, in accordance with ITB 12 and ITB 14;

13. Alternative Bids

Bidding Document Procurement of Works Single-Stage: Two-Envelope

Foreign currency requirements indicated by the Bidders in the Schedule of

Bidding Document Procurement of Works Single-Stage: Two-Envelope

Contractor's Equipment, including spare parts; and

Bidding Document Procurement of Works Single-Stage: Two-Envelope

an unconditional bank guarantee,