भ रत य र ष ट र य र जम र ग प र ध करण

Transcription

1 भ रत य र ष ट र य र जम र ग प र ध करण National Highways Authority of India Implementation of Advanced Traffic Management System (ATMS) on National Highways Empanelment of Agencies RFQ Document February 19, 2016

2 Contents 1. Introduction Description of Bidding Process: Eligibility for Empanelment Procurement of Service Provider for ATMS work post Empanelment Non-refundable fee for participating in the bidding process: Common Bid Security: Forfeiture of Bid Security: Preparation and submission of Application: Brief Scope of Work Payment Terms Post Work Award Procedure for preparation and submission of application for empanelment Opening, evaluation and empanelment process Integrity Pact: Form T-1: Covering Letter Form T-2: Brief Information about the Applicant(s) Form T-3: Format for Power of Attorney Form T-4: Format of submission of Work Experience / Technical Strength of Applicant Form T-5: Bank Guarantee for Common Bid Security Form T-6: Affidavit on Litigation / Arbitration History Appendix-I INTEGRITY PACT FORMAT Page 1 of 25

3 भ रत य र ष ट र य र जम र ग प र ध करण र जम र ग स वच लन एव प रब धन प रभ र RFQ. No. NHAI/13043/01/2016/HAM Date of Issue 19/02/2016 Pre-qualification of agencies for Empanelment as Service Provider to Implement Advanced Traffic Management System (ATMS) on National Highways Request for Qualification (RFQ) 1. Introduction 1.1 The National Highways Authority of India (the Authority ) is engaged in development, maintenance and management of National Highways entrusted to it by Ministry of Road Transport and Highways. The Authority has decided to carry out the process of pre-qualification of the Agencies to create a panel of service providers for the works of setting up, operation and maintenance of Advanced Traffic Management Systems (ATMS) on National Highways. Only the empaneled agencies will be allowed by the Authority in the future to participate in the submission of financial e-bids on the e-tender portal of NHAI for undertaking ATMS works. 1.2 The interested agencies / applicants who wish to apply are invited to submit their applications for empanelment as prescribed hereunder. 2. Description of Bidding Process: 2.1 Authority shall adopt a two stage process for selection of bidder for work award viz prequalification / empanelment stage and financial e-bid. 2.2 Empanelment stage The empanelment stage is aimed at evaluating and deciding the eligibility of the bidder. During this stage, the applicants would be required to furnish all information specified herein. At the end of empanelment stage, the authority intends to announce a list of prequalified / empanelled bidders under Category-1 & Category-2, which will be updated on yearly basis and hosted on the website of NHAI. 2.3 Financial e-bid Stage: The Authority shall invite Financial e-bids for NH specific ATMS work through an invitation on website of NHAI or through s to the empanelled agencies. Only the empanelled agencies shall be eligible to submit their financial e-bid in electronic form. No document / fee etc. would be required to be submitted at the time of submission of financial e-bid during the validity period of empanelment. 2.4 Any queries or requests for additional information concerning the RFQ shall be submitted in writing or by to the officer designated below. The envelope / communication shall clearly bear the following identification title: RFQ for Pre-qualification / Empanelment of the Bidders to implement ATMS on NHs Queries/Request for Additional Information Address for correspondence: Deepak Saxena General Manager (Electronics), National Highways Authority of India, G 5&6, Sector 10, Dwarka, New Delhi Phone: & Ext 1406 deepaksaxena@nhai.org Page 2 of 25

4 2.5 Schedule of empanelment process Application(s) can be submitted by the Bidder(s) on or after 15 th March, 2016 during the office hours on all the working days at above address. There is no last date for submitting the application for empanelment. The financial e-bids are likely to be invited from April, 2016 onwards in different phases and the bidders appearing in the empanelment list announced / updated by the Authority 7 (seven) days prior to due date for submission of the Financial e-bid only are eligible to participate in financial e-bid stage, subject to fulfilment of other conditions. Evaluation / screening of applications for empanelment will be completed by NHAI generally within 7 days of receipt of application and the list of pre-qualified / empanelled agencies announced / updated by the Authority shall be hosted by the Authority on its web site Amendment of RFQ: (i) At any time, the Authority may for any reason, whether on its own initiative or in response to clarifications requested by any applicant, modify the RFQ by issuing an Addendum. It is binding on the applicants including already empanelled applicants to provide requisite information as per the Addendum and within the time prescribed. Failure to do so will result in the application being rejected and/ or the bidder removed from the list of prequalified/ empanelled agencies. (ii) Any Addendum issued hereunder will be in writing and shall be hosted on NHAI website and sent by to all empanelled applicants. 3. Eligibility for Empanelment Applicants fulfilling the criteria listed below will be empanelled: S. No Criteria 1 The Applicant should be a Company incorporated in India and registered under the Companies Act 1956 or later. Documentary proof (copy of certificate of incorporation) shall be submitted as part of the empanelment application. OR A Foreign Company or its subsidiary Company registered in India having requisite experience. For considering the experience of the Parent Company, the subsidiary Company registered in India should provide an undertaking from their Parent Company confirming thereby: (i) Perpetual and unconditional access to expertise, personnel and facilities of the Parent Company to the Indian Company; (ii) Sharing of risks and profits of the Indian Company by the Parent Company; and (iii) That the Parent Company has sufficient representation in the management of Indian Company to control the activities of the subsidiary. In such case only the experience and the details of the Parent Company will be considered, otherwise the details/ experience of Indian Company only will be considered. Under this concept, there is no involvement of lead bidder; the Indian company (subsidiary) shall be participating as a sole bidder 2 The main objects of the Memorandum of Association of the Applicant should substantiate that in the ordinary course of its business, the Applicant or at least one of its business units is engaged in providing similar Advanced Traffic Management System (ATMS) / Intelligent Transportation systems (ITS). Documentary proof (viz. copy of Memorandum of Association and Article of Association of the company) shall be submitted as part of the application. Page 3 of 25

5 S. No Criteria 3 Technical Strength: The Applicant should have experience of commissioning and maintaining at least two ATMS projects, covering a highway / expressway stretch of at least 20 km each, (or at least one project covering highway / expressway stretch of 40 kms) during the last five financial years (including the current financial year). Experience claimed by the applicant should inter-alia include at least five of following ATMS sub-components. However, item (ix) i.e. ATMS control center is mandatory. (i) Video Incident Detection System (VIDS) (ii) Video Surveillance System (iii) Automatic Traffic Counter cum Classifier System (iv) Emergency Call (ECB) Boxes, Call Assignment and logging / recording) (v) Variable Message Signs System (Fixed / Portable) (vi) Mobile Communication System (vii) Mobile Radio Communication System (viii) Integrated ATMS Software and System Architecture (ix) ATMS Control Center integrated with above sub-components. Certificates from client(s) containing information e.g. name of the client, contact details, details of work performed, its value, date of work completion etc., to support the above shall be submitted as part of the application. 4 An applicant declared ineligible by NHAI or Ministry of Road Transport & Highways, Government of India for indulging in corrupt or fraudulent practices shall be ineligible to apply for empanelment. Self-declaration to this effect shall be submitted as part of the application. 5 An applicant determined non-performing by NHAI will not be eligible to participate in the empanelment process. Note:- Self-declaration to this effect shall be submitted as part of the application. 1. A Company (including related / group companies) will be allowed to submit only a single application for empanelment. 2. Joint ventures and consortia are not allowed to participate for empanelment. 4. Procurement of Service Provider for ATMS work post Empanelment 4.1 At the end of the empanelment stage, the list of empanelled agencies along with their authorized signatory s name, assessed capability, etc. will be notified by the Authority on NHAI website and by to the applicant. The applicants/ agencies shall be categorized into two categories, viz; (i) (ii) Category -1 bidders, who have the required experience / capability and are interested in bidding for more than 2 works or stretch(es) more than 100 km. for ATMS implementation during a financial year. Category 2 bidders, who are interested in bidding for upto 2 works or 100 km stretch (whichever is higher) for ATMS implementation during a financial year. 4.2 During empanelment period, NHAI will on need basis notify all empaneled agencies to participate and submit financial e-bids for identified section/stretch for ATMS implementation, which will be submitted on-line on the e-tender portal of NHAI in line with the bidding document issued by NHAI. 4.3 For each stretch/section, while inviting Financial e-bids, NHAI will issue a bidding document which will prescribe complete details of NH stretch to be covered, scope of work, service levels to be adhered to by the shortlisted empanelled agency, etc. Page 4 of 25

6 4.4 Once an empanelled agency gets work award upto maximum permissible / eligible NH length / number of ATMS projects, no further work will be awarded to it during such financial year. 4.5 Criteria for deciding maximum permissible work award within a financial year to any empanelled agency shall be based on the technical strength / work experience adjudged by NHAI of those claimed by the applicant in their application for empanelment and shall be regulated as under: Agency Type Category-1 agency Technical strength as assessed by NHAI after Evaluation of application N number of ATMS works completed Or X km. length of ATMS experience Maximum permissible work award during any financial year 2 x N works Or 2 x X km. stretch Category-2 agency 2 number of ATMS works completed Or X km. length of ATMS experience Whichever is higher 4 works Or 200 km. stretch Whichever is higher Note: 1. Experience of ATMS works completed should include at least five sub-components listed at para 3.3 above under Technical Strength. However, item (ix) i.e. ATMS control center is mandatory. 2. The length of road on which ATMS experience is claimed shall be of standard of NH or equivalent. 5. Non-refundable fee for participating in the bidding process: 5.1 To ensure that no document / fee / bank guarantee, etc. is required to be submitted during financial e-bid stage, such modalities will be completed by the Authority during the empanelment stage itself. Accordingly, the applicant shall submit the following amount along with his application for empanelment: (i) (ii) Application fee: (Non-refundable) Amounting to Rs.10,000/- in the form of an account payee Pay Order or DD issued by a Scheduled Bank drawn in favour National Highways Authority of India, New Delhi. Common cost of financial bid document and Common Bid Security (a) In case of Category-1 applicant, Rs.5,00,000/- (Rupees Five Lakhs only) in the form of A/c payee Pay Order /Demand Draft towards common cost of financial bid documents and a common bid security (BG) for Rs.1.5 Crore in the form of bank guarantee in the prescribed format. (b) In case of Category-2 applicant, Rs.1,00,000/- (Rupees One Lakh only) in the form of A/c payee Pay Order/ Demand Draft towards common cost of financial bid documents and a common bid security (BG) for Rs. 50 lakhs in the form of bank guarantee in the prescribed format. 5.2 Category-2 bidders have the option to get themselves upgraded to Category-1 bidders by depositing the balance cost of bid document (DD/Pay Order) and bid security (BG). Page 5 of 25

7 5.3 The Authority shall debit the requisite amounts against cost of bidding Rs.25,000/- per financial e-bids submitted by the bidder during the validity period of empanelment. The registration and tender processing charges payable to the e-tender service Provider of NHAI shall be paid by the bidder directly online at the time of submission of financial e-bid. 5.4 Except in case of non-responsive bidder(s), the authority shall not charge the bidders, the cost of bid document (except registration and tender processing charges) in case the financial e-bids are annulled by the Authority. 5.5 The Authority may ask the empanelled agencies to deposit a further amount in advance as deemed fit if the common bid security of Rs.5 lakh (in case of Category-1 agency) gets exhausted during the validity period of empanelment. Any financial bid submitted without sufficient balance, will make the financial bid non-responsive and liable for forfeiture of 5% of bid security. The unutilized balance shall be returned by NHAI to the empanelled agencies within 30 days of expiry of validity period of empanelment without any interest. 6. Common Bid Security: 6.1 The applicant shall submit a bank guarantee as common bid security, in the format prescribed by Authority at Form T-5. The bank guarantee shall be for appropriate amount as applicable for Category 1 and Category 2 bidders. The bank guarantee shall be valid till The bid security for each financial e-bid shall be indicated in the bidding document issued on the NHAI e- tender portal for inviting e-bids against specific NH stretches. 6.2 If required by NHAI, the empanelled agency shall furnish extension of its common bid security to cover empanelment period beyond existing validity period of the same. 7. Forfeiture of Bid Security: The Bid Security of individual bids/ stretches called for by NHAI during the empanelment period shall be forfeited and appropriated by the Authority as mutually agreed genuine pre-estimated compensation and damages payable to the Authority for inter-alia, time, cost and effort of the Authority, without prejudice to any other right or remedy that may be available to the Authority hereunder, or otherwise, under the following circumstances: (i) If a Bidder at Financial e-bid stage submits a non-responsive Financial e-bid, subject to, however, that in the event of encashment of Bid Security occurring on this account, the damages so claimed by the Authority shall be restricted to 5% of the value of the Bid (ii) Security. If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice. (iii) If a Bidder withdraws its Financial Bid during the period of Bid Validity as specified in bid stage and as extended by mutual consent of the respective Bidder(s) and the Authority: (iv) If the Bidder does not accept the correction of the bid price quoted in financial e-bid. (v) In case of the Selected Bidder, if it fails within the specified time limit a. to sign and return the duplicate copy of LOA; or b. to furnish the Performance Security within the time prescribed, thereof during the financial e-bid stage. (vi) The Authority shall be entitled to forfeit and appropriate a portion of the Common Bid Security as damages inter-alia in any of the events specified herein above. The Bidder, by submitting its financial e-bid at bid stage, shall be deemed to acknowledge and confirm that the Authority will suffer loss and damage on account of withdrawal of its Financial Bid or for any other default by the bidder during the period of validity of Financial e-bid. In case of appropriation of bid security, except in the case of a non-responsive Financial e-bid, the Page 6 of 25

8 bidder shall be removed from the list of empanelled bidders for a period determined at the sole discretion of the Authority. The bidder shall replenish the forfeited amount within 14 days so as to continue in the list of prequalified / empanelled bidders, failing which he shall be removed from the list. No relaxation of any kind on Bid Security shall be given to any Bidder. 8. Preparation and submission of Application: 8.1 Language of Application All correspondence and documentation related to the Application exchanged between the applicant and the Authority shall be in English language. The applicant shall be solely responsible for the accuracy of English Translation of various documents submitted by him to NHAI. 8.2 The application(s) shall be submitted to the Authority in physical form only, and not online. All pages of the application shall be serially numbered along with an index, signed by the authorized signatory on all pages in blue ink (in case of printed/published document, only the cover shall be signed), sealed and bound together in hard bound cover 1. All the alterations, omissions, additions or any other amendments made to the application shall also be signed by the authorized signatory. 8.3 It is mandatory for all the applicant to have Class-III Digital Signature Certificate from any of the Licensed Certifying Agency in the name of a person (authorized representative as per POA) who is signing the application. The applicant can see the list of Licensed Certifying Agencies from the link The same person shall be permitted to submit financial e-bids. In case the bidder intends to change the authorized representative through a fresh POA, during the validity period of empanelment, the same shall be on submission of a new POA to the Authority and getting acknowledgement of the same from the Authority before submission of financial e-bid. The financial e-bid submitted by any other person shall be declared as non-responsive and 5% of the bid security specified in the bidding document shall be forfeited. 9. Brief Scope of Work a. Design and setting up the ATMS system in line with standard technical requirements and service level parameters prescribed by NHAI in the bidding document. b. Operation and Maintenance of the entire system for a period up to 5 years in accordance to standard terms and conditions and service level parameters. c. All equipment shall remain the property of the service provider during the entire period of contract. The service provider may take away his equipment after contract closure on asis where-is basis. However, the Service Provider shall maintain the confidentiality of the data collected and shall not disclose such data to any 3 rd party without prior consent of NHAI. The data so collected shall be sole property of NHAI. Any violation by the Service Provider in this regard may lead to his black listing and other actions as deemed fit by NHAI. d. The ATMS will include as its subcomponents items such as Video Incident Detection System (VIDS) Video Surveillance System Automatic Traffic Counter cum Classifier System Emergency Call (ECB) Boxes, Call Assignment and logging / recording) Variable Message Signs System (Fixed / Portable) Mobile Communication System Mobile Radio Communication System Integrated ATMS Software and System Architecture ATMS Control Center integrated with above sub-components. 1 Hard bound implies binding between two covers through stitching or otherwise whereby it may not be possible to replace any paper without disturbing the documents. Spiral bound, loose form, stapled form etc. will not be accepted. Page 7 of 25

9 Weigh-in-motion (Portable) Vehicle actuated speed detection camera Publishing of a Mobile Phone App to support various important functions viz. (i) Journey planning (ii) Enable the road-user to report incidents; (iii) send Pop-up messages to the roaduser related to the traffic on the highway thereby performing as on-board VMS; (iv)software module that sends incident messages to the enforcement agency on their mobile-phones (v) The details of this information to be pick-up from the CCC database and road-user inputs (if any) (vi) generate and send incident and system status messages to the Traffic Manager and O&M team on their mobile phones e. Detailed scope of work, technical and financial specifications of various ATMS components/ sub-components, Contract Agreement including Service Level Parameters shall be issued to the empanelled agencies at the time of financial e-bid invitation which will be taken up by NHAI section / stretch-wise during the empanelment validity period. 10. Payment Terms Post Work Award a. No advance payment and no payment against supply, installation or commissioning of the system. b. Payment shall be made as quarterly arrears based on service delivery by the agency regulated as per Service Level Contract Agreement. c. Payment will be made only in Indian Rupees. 11. Procedure for preparation and submission of application for empanelment The application should be submitted duly filled in prescribed formats and supporting documents as under: i. Application Form T-1 (Covering letter); ii. Brief information about the Applicant duly filled in Form T-2; iii. Duly notarised Original Power of Attorney in favour of Authorised Signatory as per Form T-3 iv. Application Fee Rs.10,000/- (non-refundable) in the form of Demand Draft in favour of National Highways Authority of India. v. Common cost of bidding document (as applicable to Category-1 / Category-2 Applicant) in the form of Demand Draft or A/c payee pay order; vi. Common Bid Security (as applicable to Category-1 / Category-2 Applicant) in the Form of Bank Guarantee as per prescribed Form T-5; vii. Certified copies of other documents: a. Certificate of Incorporation of Company; b. MoA and AoA of the Company or relevant document showing that the applicant is engage in providing similar ATMS services; c. Document(s) in support of Technical strength 2 as per Form T-4; d. Certified copy of latest income tax return duly acknowledged by the Income Tax Department or audited annual accounts statement for F.Y ; e. Affidavit from the applicant that it is not involved in any litigation with the Authority as per format prescribed in Form T-6; f. Any other document providing additional information in respect of financial strength, technical experience, etc. 12. Opening, evaluation and empanelment process 12.1 The applications received by the Authority will be examined and evaluated in accordance with the provisions set out herein NHAI reserves the right to reject any application which is non-responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by NHAI in respect of such applications. 2 Please furnish duly filled Form T-4 in support of each ATMS project experience claimed. Page 8 of 25

10 12.3 In the first stage the Evaluation Committee shall examine the statement of qualification furnished by the Applicant in support of their fulfillment of eligibility against the prescribed criteria. An application shall be considered Responsive only if: (a) The prescribed documents at para 11 above are received by NHAI in the manner prescribed at para 8 with proper seal and signature. (b) Application fee, Common cost of Bid Documents and Common Bid Security is submitted in the prescribed amount and manner. (c) The application contains all the required documents and information in the prescribed manner. (d) The applicant qualifies the prescribed eligibility criteria. (e) The application does not contain any pre-condition, assumption or qualification; and (f) It is not non-responsive in terms hereof Letter of Empanelment (LoE) shall be issued by NHAI by to the shortlisted applicant. Upon receipt of LoE, the shortlisted applicant, shall comply with the conditions of LoE and submit a Letter of Acceptance to Authority by return . The shortlisted / empanelled applicant shall be asked to register on e-portal of NHAI No applicant shall submit more than one application. If more than one application is received from the same applicant, all such applications shall be summarily rejected NHAI will be at liberty to keep the credentials of the Applicants submitted by them in public domain and the same may be uploaded by NHAI on its web site. The Applicants shall have no objection if NHAI uploads/ hosts the information pertaining to their credentials as well as other information contained in their application NHAI, in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to; (i) Suspend and/or cancel the empanelment process and/or amend and/or supplement the process or modify the dates or other terms and conditions relating thereto; (ii) Consult any Applicant in order to receive clarification or further information or documents; (iii) Retain any information and/ or evidence submitted to NHAI by, on behalf of, and/ or in relation to any Applicant; and/or; (iv) Independently verify, disqualify, reject and/ or accept any and all submissions or other information and/or evidence submitted by or on behalf of any Applicant NHAI is not bound to reply/ respond to any representation/ letter or request for change in scope of work, eligibility criteria or any relaxation in conditions. No correspondence will be entertained on this matter It shall be deemed that by submitting the application, the Applicant agrees and releases NHAI, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/or performance of any obligations hereunder, pursuant hereto and/or in connection with the empanelment process and waives, to the fullest extent permitted by Applicable Law, any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether present or in future. Page 9 of 25

11 12.10 Verification and Dis-qualification: NHAI reserves the right to verify all statements, information and documents submitted by the Applicant and the Applicants shall, when so required by NHAI, make available all such information, evidence and documents as may be necessary for such verification. Any such verification or lack of such verification, by NHAI shall not relieve the Applicant of its obligations or liabilities hereunder nor will it affect any rights of NHAI thereunder The Authority reserves the right to remove the applicant from the list of empaneled agencies, reject any Financial e-bid and appropriate the Bid Security if: (a) at any time, a material misrepresentation is made or uncovered, or (b) the Bidder does not provide, within the time specified by the Authority, the supplemental information sought by the Authority for evaluation of the Application/Financial Bid Such misrepresentation/improper response shall lead to disqualification of the Bidder. If such disqualification/ rejection occurs after the Financial e-bids have been opened and the lowest bidder gets disqualified/rejected, then the Authority reserves the right to: (a) invite the remaining Bidders to re-submit their Financial e-bids; or (b) take any such measure as may be deemed fit in the sole discretion of the Authority, including annulment of the Bidding Process. 13. Integrity Pact: Applicants shall comply with the provisions of the Office Memorandum No /09/2008- Vig. Dated issued by NHAI (Copy enclosed) at Appendix-I. Page 10 of 25

12 Form T-1: Covering Letter (To be prepared on letterhead of the applicant) To General Manager (Electronics) National Highways Authority of India G 5&6, Sector-10, Dwarka New Delhi Subject: Application for empanelment of agencies to implement ATMS on National Highways. Ref. No. NHAI/13043/01/2016/HAM dated 19/02/2016. Dear Sir, 1. I/We, the undersigned, have carefully examined the contents of the document including amendments/ addendums (if any) thereof and undertake to fully comply and abide by the terms and conditions specified therein and hereby submit our application. Our application is unconditional and unqualified. 2. I/We undertake that, in competing for (and, if the award is made to us), for executing the above contract, we will strictly observe the laws against fraud and corruption in force in India namely Prevention of Corruption Act I/We understand that : (a) this application, if found incomplete in any respect and/ or if found with conditional compliance or not accompanied with the requisite application fee and/ or prescribed supporting document shall be summarily rejected. (b) if at any time, any averments made or information furnished as part of this application is found incorrect, then the application will be rejected and the empanelment, shall be cancelled. (c) NHAI is not bound to accept any/ all application(s) it will receive. 4. I/We declare that : (a) I/We have not been declared ineligible by NHAI or Ministry of Road Transport & Highways, Government of India or any other agency for indulging in corrupt or fraudulent practices. I/We also confirm that I/We have not been declared as non-performing or debarred by NHAI or Ministry of Road Transport & Highways, Government of India. (b) I/We haven t been blacklisted by a Central/ State Government institution/ Public Sector Undertaking/ Autonomous body and there has been no litigation with any Government Department/ PSU/ Autonomous body on account of similar services. (c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in the request for proposal issued by or any Contract entered into with NHAI or any other Public Sector Enterprise or any Government, Central or State; and I/We hereby certify that we have taken steps to ensure that, no person acting for us or on our behalf has engaged or will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice. Page 11 of 25

13 5. I/We certify that : (a) I/We have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which could cast a doubt on our ability to undertake the subject work or which relates to a grave offence that outrages the moral sense of the community. (b) Neither the applicant company nor any of its Directors are the subject of criminal or civil proceedings that could be expected to adversely affect its business or its ability to bid in the present tender. (c) No investigation by a regulatory authority is pending either against us or against our CEO or any of our Directors and Managers. (d) The information provided in this application is true, accurate and complete to the best of my knowledge and belief. Nothing has been omitted which renders such information misleading; and all documents accompanying my/our application are true copies of their respective originals. I/We shall be liable for disqualification or termination of contract at any stage, if any information/ declaration is found to be incorrect or false. I/We will intimate NHAI promptly in case of any change in the information submitted as part of this application. (e) I/We offer the application fee, common cost of bid document and common bid security in accordance with RFQ and as per the details furnished below: Applied under Category-1 / Category -2 3 for empanelment. Details of Application DD/ Banker s Cheque/ Date of Amount (Rs.) fee Pay Order No. issue. Details of cost of common bid document Details of cost of Common Bid Security DD/ Banker s Cheque/ Pay Order No. Date of issue Bank Guarantee Date of No. issue Amount (Rs.). Amount (Rs.). Issuing Bank/ Branch.. Issuing Bank/ Branch..... Issuing Bank/ Branch... (f) My/ our technical strength is as under as per our experience in last 5 years (including current financial year) and experience certificates in support of our experience is enclosed. (i) Number of ATMS works (qualify the requirements under RFQ) completed: (ii) Completed ATMS experience covers a road length of.. km. (roads of standard NH or equivalent). (g) I am the Director / Authorized Signatory of the aforesaid company / firm and I am authorized to sign this application on behalf of the company. I am submitting my application after carefully reading all the prescribed terms and conditions and its addendum/ amendment, if any, and undertake to abide by the same. It is also certified that our application is unconditional. Yours sincerely, Name. Designation/ Title of the Authorized Signatory 3 Strike out whichever is not applicable. Page 12 of 25

14 Form T-2: Brief Information about the Applicant(s) (To be prepared on letterhead of the Applicant) Subject: Application for empanelment of agencies for implementation of ATMS on National Highways. Ref. No. NHAI/13043/01/2016/HAM dated 19/02/ (a) Name of Applicant : (b) Year of establishment: (c) Registered Address: (d) Constitution of the Applicant entity e.g. Government enterprise, private limited company, limited company, etc. (e) In case of a Government enterprise, please indicate as to whether legally and financially autonomous and operate under commercial law. (f) Name(s) of Directors/ Yes/ No/ Not applicable Address for correspondence with Telephone/ Fax numbers/ address: (a) Complete postal address: (b) Fixed telephone number (c) Mobile number (d) address 3. Name & Address of the principal banker: (a) Bank A/c Number (b) Branch Address (c) IFSC /MICR Code: 4. Name of the Statutory Auditor/ Company Secretary/ Chartered Accountant certifying the documents along with his/ her Membership number, if applicable: Name. Designation/ Title of the Authorized Signatory Page 13 of 25

15 Form T-3: Format for Power of Attorney Know all men by these presents, we,... (Name of Company and address of the registered office) do hereby constitute, nominate, appoint and authorize Mr / Ms... son/daughter/wife of.. and presently residing at..., who is presently employed with us and holding the position of... as our true and lawful attorney (hereinafter referred to as the Authorized Signatory or 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 Application for empanelment and financial e-bids for Implementation of ATMS System on National Highways, proposed by National Highways Authority of India, including but not limited to signing and submission of all applications, bid(s) and other documents and writings, and providing information/ responses to NHAI, representing us in all matters before NHAI, signing and execution of all contracts and undertakings consequent to acceptance of our bid and generally dealing with NHAI in all matters in connection with or relating to or arising out of our application or e-bid and/or upon award thereof to us. AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorised Signatory or 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 Authorised Representative/ 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..., 2016 Witnesses: Notarised For... (Signature, name, designation and address) 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. The Power of Attorney should be executed on a non-judicial stamp paper of appropriate denomination and should be registered or duly notarised by a notary public. Wherever required, the Applicant should submit for verification the extracts of the charter documents and other documents such as a resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant. For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, Applicants from countries that have signed the Hague Legislation Convention 1961 need not get their Power of Attorney legalised by the Indian Embassy if it carries a conforming Apostles certificate. Page 14 of 25

16 Form T-4: Format of submission of Work Experience / Technical Strength of Applicant Subject: Application for empanelment of agencies for implementation of ATMS on National Highways. Ref. No. NHAI/13043/01/2016/HAM dated 19/02/2016. Client Details Name of Work / Project 4 Client Name:.. Address:.. Name of Contact Person:.. Contact No.. Location: Approximate Value of Work / Project (INR) Contact ID... (official ID) Start Date Completion Date Present Status of Project (as per the applicants mandate) Present Status Application Users Name of Persons Deployed (Key Persons only) Detailed features of ATMS Project Executed: Name. Designation/ Title of the Authorized Signatory Dated:.. /../ Please furnish duly filled Form T-4 in support of each ATMS project experience claimed Page 15 of 25

17 Form T-5: Bank Guarantee for Common Bid Security BG No. Date.. To, The Chairman National Highways Authority of India G-5&6, Sector 10 Dwarka, New Delhi In consideration of National Highways Authority of India (NHAI) (hereinafter referred to as the Authority, which expression shall unless it be repugnant to the subject or context thereof include its successors and assigns) having agreed to receive the application of M/s. and having its registered office at..(hereinafter referred to as the Bidder which expression shall unless it be repugnant to the subject or context thereof, include its/ their successors, administrators, executors and assigns), for getting prequalified for empanelment and submission of bids for the works of Implementation of Advanced Traffic Management System (ATMS) on National Highways (hereinafter called the Works ) pursuant to RFQ document dated. of the Authority, and the bidder having agreed to furnish a Bank Guarantee to the Authority as Common Bid Security for the purpose indicated in the said RFQ, we,.. (Name of the Bank) having our registered office at. and one of its branches at., a body registered / constituted under the. (hereinafter referred to as the Bank), which expression shall, unless it be repugnant to the subject or context thereof, include its successors, administrators, executors and assigns at the request of the bidder, do hereby in terms of RFQ document, irrevocably, unconditionally and without reservation guarantee the due and faithful fulfillment and compliance of the terms and conditions of the RFQ document by the said bidder and unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of Rs../- (Rupees..only) (hereinafter referred to as the Guarantee ) as aforesaid at any time up to.. as our primary obligation without any demur, reservation, recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to fulfil or comply with all or any of the terms and conditions contained in the said RFQ Document. 2. Any such written demand made by the Authority stating that the Bidder is in default of the due and faithful fulfilment and compliance with the terms and conditions contained in the RFQ / Bidding Documents shall be final, conclusive and binding on the bank. 3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this Guarantee without any demur, reservation recourse, contest or protest and without any reference to the Bidder or any other person and irrespective of whether the claim of the Authority is disputed by the Bidder or not, merely on the first demand from the Authority stating that the amount claimed is due to the Authority by reason of failure of the Bidder to fulfil and comply with the terms and conditions contained in the RFQ/ Bidding Documents including failure of the said Bidder to keep its Bid open during the Bid validity period as setforth in the said RFQ / Bidding Document for any reason whatsoever. Any such demand made on the bank shall be conclusive as regards amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs... Crore (Rupees... only). 4. This Guarantee shall be irrevocable and remain in full force upto. inclusive of a claim period of 60 (sixty) days or for such extended period as may be mutually agreed between the Page 16 of 25

18 Authority and the Bidder, and agreed to by the Bank, and shall continue to be enforceable till all amounts under this Guarantee have been paid. 5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to whether the Bidder is in default of due and faithful fulfillment and compliance with the terms and conditions contained in the RFQ/ Bidding Documents including, inter alia, the failure of the Bidder to keep its Bid open during the Bid validity period set forth in the said Bidding Documents, and the decision of the Authority that the Bidder is in default as aforesaid shall be final and binding on us, notwithstanding any differences between the Authority and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator or any other Authority. 6. The Guarantee shall not be affected by any change in the constitution or winding up of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with any other person. 7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank as the principal debtor. The Authority shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee from time to time to vary any of the terms and conditions contained in the said RFQ / Bidding Documents or to extend time for submission of the Bids or the Bid validity period or the period for conveying acceptance of Letter of Award by the Bidder or the period for fulfilment and compliance with all or any of the terms and conditions contained in the said RFQ / Bidding Documents by the said Bidder or to postpone for any time and from time to time any of the powers exercisable by it against the said Bidder and either to enforce or forbear from enforcing any of the terms and conditions contained in the said RFQ/ Bidding Documents or the securities available to the Authority, and the Bank shall not be released from its liability under these presents by any exercise by the Authority of the liberty with reference to the matters aforesaid or by reason of time being given to the said Bidder or any other forbearance, act or omission on the part of the Authority or any indulgence by the Authority to the said Bidder or by any change in the constitution of the Authority or its absorption, merger or amalgamation with any other person or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of releasing the Bank from its such liability. 8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if addressed to the Bank and sent by courier or by registered mail to the Bank at the address set forth herein. 9. We undertake to make the payment on receipt of your notice of claim on us addressed to name of Bank along with branch address and delivered at our above branch which shall be deemed to have been duly authorized to receive the said notice of claim. 10. It shall not be necessary for the Authority to proceed against the said Bidder before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any other security which the Authority may have obtained from the said Bidder or any other person and which shall, at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealized. 11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the previous express consent of the Authority in writing. Page 17 of 25

19 12. The Bank declares that it has power to issue this Guarantee and discharge the obligations contemplated herein, the undersigned is duly authorized and has full power to execute this Guarantee for and on behalf of the Bank. 13. This guarantee shall also be operable at our branch at New Delhi, from whom, confirmation regarding the issue of this guarantee or extension/ renewal thereof shall be made available on demand. In the contingency of this guarantee being invoked and payment thereunder claimed, the said branch shall accept such invocation letter and make payment of amounts so demanded under the said invocation. 14. This bank guarantee shall be valid from 15. Notwithstanding anything contained herein: (i) Our liability under this Bank Guarantee shall not exceed Rs. /- (ii) The Bank Guarantee shall be valid up to (iii) We are liable to pay the Guarantee amount or any part thereof under this Guarantee only and only if you serve upon us a written claim or demand on or before. Signed and Delivered by. Bank. By the hand of Mr. / Ms..., its. and authorize official. (Signature of the Authorised Signatory) (Name & Designation with Bank s Official Seal) NOTE: (iii) The bank guarantee(s) shall contain the name, designation and code number of the officer(s) signing the guarantee(s); (iv) The address, telephone no. and other details of the Head Office of the Bank as well as of issuing branch should be mentioned on the covering letter of issuing Branch. (v) The bank guarantee shall be signed by the officials as per the norms prescribed by the RBI in this regard. Page 18 of 25

20 Form T-6: Affidavit on Litigation / Arbitration History (on Non-judicial Stamp Paper of Value Rs.100/-) Name of Bidder:.. The Applicant should provide information on any history of litigation or arbitration resulting from the contracts executed in the last five years or currently under execution. Year Award for or against Applicants Name of Client, Cause of Litigation and Matter in Dispute Disputed Amount (Current Value in India Rs.) Actual Awarded Amount in India Rs. INFORMATION REGARDING CURRENT LITIGATION, DEBARRING / EXPELLING OF APPLICANT OR ABANDONMENT OF WORK BY APPLICANT 1. (a) Has the Applicant or its constituent partners history of litigation awarded against him? Yes No (b) If yes, give details (a) Has the Applicant or any of its Constituent Partners or Directors been debarred / expelled, during the last 5 years as on the date of application, on the basis of their performance in any assignment or for any other reason including fraudulent and corrupt practices, etc? Yes No (b) If yes, give details including period of debarment: (a) Has the Applicant or any of its Constituent Partners or Directors failed to perform on any contract, during the last 5 years as on the date of application, as evidenced by imposition of a penalty or a judicial pronouncement or arbitration award or has been expelled from any work or contract or have had any contract terminated for breach on their part or abandoned any contract work or has been declared bankrupt? Yes No (b) If yes, give details.... Note: If any information in this affidavit is found to be incorrect or concealed, prequalification / empanelment application will be summarily rejected. Based on information in this affidavit, NHAI, in its sole discretion shall take a decision to prequalify the applicant. Page 19 of 25

21 Appendix-I Page 20 of 25

22 Page 21 of 25

23 INTEGRITY PACT FORMAT (To be executed on plain paper and submitted along with Technical Bid. To be signed by the bidder and same signatory competent/ authorized to sign the relevant contract on behalf of NHAI) RFQ No.. Dated.. This Integrity Pact is made at on this day of 2016 Between National Highways Authority of India (NHAI), a statutory body constituted under the National Highways Authority of India Act, 1988, which has been entrusted with the responsibility of development, maintenance and management of National Highways having its office at G-5 & 6, Sector 10, Dwarka, New Delhi, hereinafter referred to as The Principal, which expression shall unless repugnant to the meaning or contract thereof include its successors and permitted assigns. And, hereinafter referred to as The Bidder/ Contractor/ Service Provider and which expression shall unless repugnant to be meaning or context thereof include its successors and permitted assigns. Preamble Whereas, the Principal intends to award, under laid down organizational procedures contract/s for. The Principal values full Compliance with all relevant laws of the land, rules of land, regulations, economic use of resources and of fairness/ transparency in its relations with its Bidder(s)/ Contractor(s)/ Service Provider(s). And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this Integrity Pact (hereafter referred to as Integrity Pact) the terms and conditions of which shall also be read as integral part and parcel of the Tender documents and contract between the parties. Now, therefore, in consideration of mutual covenants stipulated in this pact, the parties hereby agree as follows and this pact witnesseth as under: Article 1- Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: (a) No employee of the Principal, personally or through family members, will in connection with the tender for or the execution of a contract, demand, take a promise for or accept for self or third person any material or immaterial benefit which the person is not legally entitled to. (b) The Principal will during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular before and during the tender process provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/ additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution. (c) The Principal will exclude all known prejudiced persons from the process, whose conduct in the past has been of biased nature. (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions as per its internal laid down Rules/ Regulations. Page 22 of 25