File No. RW/NH-33044/76/2021 -S&R(P&B)

Government of India Ministry of Road Transport & Highways

(S&R Zone) No.1, Parliament Street, Transport Bhavan, New Delhi-110001

Date: 7'" Oct, 2021

To,

1. The Chief Secretaries of all State Governments/UTs.

2. The Principal Secretaries/Secretaries of all State/UTs PWD dealing with National

Highways, other centrally sponsored schemes and state schemes.

3. All engineer-in-Chief and Chief Engineers of all States/ UTs PWD dealing with

National Highways, other centrally sponsored schemes and state schemes.

4. The Chairman, National Highways Authority of India (NHAI), G-5&6, Sector-10,

Dwarka, New Delhi-110075.

5. The Managing Director, National Highway Infrastructure Development Corporation

Ltd., 3 floor, PTI Building, Parliament Street, New Delhi-110001.

6. Director General (Border Roads), Seema Sadak Bhawan, Ring Road, New Delhi-

110010.

7. All CE-ROs, ROs and ELOs of the Ministry.

Subject: Standard operating procedure to debar/penalize/declare as Non- Performer the Authority’s Engineer/Independent Engineer/Construction Supervision Consultant/Project management Consultant in National Highways and centrally sponsored road projects.

Ref:

i. Ministry’s letter No. H-39011/30/2015-P&P(Pt-l) dated 15.02.2019: RFP

Document for DPR and AE/IE

ii. Ministry's letter No. RW/NH-24024/02/2019-S&R(P&B) dated 06.01.2021: RFP Document for PMC

iii. Ministry’s letter No. RW/NH-34066/01/2020-QCZ dated 14.06.2021

Sir,

It has been noticed that in many cases there are lapses on the part of the Authority’s Engineer (AE)/Independent Engineer (IE)/Construction Supervision

Consultant (CSC)/ Project Management Consultant (PMC) in fulfilling their obligations

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under the contract as per provisions of contract agreement that lead to delay/acceptance of sub-standard works leading to premature distress/failure during

construction.

2 In order to ensure construction of roads as per standard and specifications laid down in contract/concession agreement and to avoid project delays, it has been decided to debar/penalize/declare as Non-Performer the Authority’s Engineer (AE)/Independent Engineer (IE)/Construction Supervision Consultant (CSC)/ Project Management Consultant (PMC) for their lapses/deficiencies in services in National Highways and centrally sponsored road projects. It is clarified that such actions of the Authority would be without prejudice to the remedies available to MoRTH under the

contract agreement/governing laws.

3. The circular dated 14.06.2021 mentioned at reference (iii) is superseded by this circular and following penal actions shall be taken against the Authority’s Engineer/Independent Engineer/ Construction Supervision Consultant/Project management Consultant in case of lapses on their part/deficiencies in services

provided.

Sl. Type of Deficiency Action to be taken against Consultant No. (IEAE/CSC/PMC) engaged during

construction & maintenance

Key Personnel Firm 1(a) —_|Failure to detect design/quality deficiency in Non-key) For first threeli, For first three

Components* instances, key instances, to be kept

(b) Failure to issue follow-up notices _to| personnel may be keption watch list. contractor/concessionaire for delays in closure off/on “watch list’Jii. Thereafter, a

NCRs, delays in furnishing detail of time & cost] Thereafter, thejmonetary —_ penalty claims/COS/revised work — programmes/work| concerned Keyof 1% of the methodologies, etc. Personnel & Teamiconsultancy fee (the

() [Delays or submission of improper MPRS|'eader to be removediaggregate of such

improper review of methodologies, temporary works, ‘fom the project andjpenalties in a QA plan/manual, O&M plan/Manual etc. debarred up to contract would not

months exceed the

performance Guarantee amount) and/or declaring the consultant as Non-

Performer up to 6 months or till

rectification of|

deficiencies* = and taking adequate measures not to

repeat such instances in future,

jwhichever is earlier.

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Failure to detect design/quality deficiency in Key/The

Component** not having substantial cost (below 1%j|personnel of civil work (cost) and /or time implication (below 5%lleader to be removed

from the project and or project completion period)

Failure to detect deficiency in quantity executed vis-jdebarred up to 1 year

a-vis design not having substantial financial implication (below 1% of civil work cost)

Failure to conduct/witness tests as prescribed in the consultancy contract agreement

Delay in processing EOT/COS proposals, inaccurate assessment of COS proposals, not issuing NCRs, delays/improper review of designs/drawings/work programme or failure to submit Completion/Provisional Completion Certification as prescribed in contract

Declaring the| Consultant as Non-

Performer up to 1 year or till

rectification of

deficiencies# and

taking adequate measures not to repeat such

instances in future,

whichever is earlier.

Failure to detect deficiency in quantity executed vis-/The a-vis design having substantial financial implication/personnel

leader to be removed (1% of civil work cost or more)

Failure to detect design/quality deficiency in Keylfrom the project and Component having substantial cost (1% of civil work|debarred up to 2 years.

cost or more) and/or time implication (5% of project completion period or more)

Failure to detect deficiency/not reviewing design

(including temporary works) and construction (including methodology) of structural components of flyover/bridges/underpasses/overpasses/ROB/RUB etc.

Failure to propose action (like cure period notice, levy of damages, etc.) on contractor/concessionaire as per contract agreement for their default/poor progress having material adverse effect on the project implementation in terms of cost (1% of civil work cost or more) and/ time (5% of project completion period of more). Improper/wrong interpretation of provision in contract

agreement; or wrong certification of payment/COS value/cost & time claims; or poor performance of services leading to cost (1% of civil work cost) and/or time (5% of project completion period) claims against MoRTH or its executing agencies awarded by DRB/CCIE/Arbitration/Court.

In addition to

rectification of

deficiencies and

taking adequate measures not to

repeat such instances in future,

the consultant to be

debarred up to 2 years.

Note ** Key Components are specified as under:

i) Foundation, sub-structure and super-structure of flyovers, road over bridges, road under bridges, vehicular under passes, vehicular over passes, major bridges, minor bridges, etc.

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ii) Tunnels iii) Expansion joints and bearings

iv) RE walls/ retaining walls v) The crust layers of flexible pavement vi) The crust layers of rigid pavement vii)Embankment and slope protection

viii) Issues affecting road safety ix) Any other work

endangering/impacting/stability/reliability/durability/performance of

pavement/structures

*The items not covered in above list shall be in the category of Non-key Components. # Excluding the delay solely attributable to the contractor beyond stipulated time.

4. Necessary amendments will be made in the provisions of Model Request for

Proposal (RFP) for appointment of Authority's Engineer/ Independent Engineer/

Project Management Consultant (PMC. )

DY Before deciding a AE/IE/CSC/PMC as Non-Performer or debarring/penalizing

it, the concerned authority shall issue a notice to the AE/IE/CSC/PMC by giving 15

days time to furnish its written reply and allow personal hearing if so desired by the

AE/IE/CSC/PMC before the competent authority or any person designated for the

purpose. Such a notice shall not be issued without the approval of an officer not

below the rank of Chief Engineer/CGM/ED. In case of projects where public safety is

endangered by the behavior/conduct/action of the consultant the authority may

temporarily suspend the consultant from participating in ongoing/ future bidding upto

1 month period during which the regular process of debarment shall be concluded.

6. The competent authority for approval of penal action as above will be the

DG(RD) &SS in respect NH works being implemented through State PWDs.

7. The firm/individuals on which penal/deterrent action is taken may represent

to the “Reviewing authority” against the action/penalty imposed. The “Reviewing

Authority” shall be the Secretary, RT&H in respect NH works being implemented

through State PWDs.

8. NHAI and NHIDCL will designate competent authority for deciding penal action

and the Reviewing Authority.

9. Upon declaration of non-performer, the AE/IE/CSC/PMC will not be able to

participate in any bid for National Highways projects with MoRTH or any other

executing agencies till such time the debarment persists or the AE/IE/CSC/PMC is

removed from the list of non-performers. The AE/IE/CSC/PMC shall include its JV

partners, promoters etc. whose credentials were considered while qualifying them for

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the project. Non-performer/debarment status of a bidder on the bid due date will be the criteria for eligibility of a bidder to participate in the said bid.

10. Each implementing agency shall have a single source/designated officer for maintaining the record/data related to debarment. Ministry’s Monitoring Zone with

the help of NIC will maintain a real-time data-base of such Non-Performer and

debarred contractor/concessionaire.

11. This issues with the approval of the Competent Authority.

Yours sincerely,

(Jagat Narayan)

Superintending Engineer, S&R (R) For DG(RD)&SS

Copy to:

1. All Chief Engineers in the Ministry of Road Transport & Highways.

2. The Secretary General, Indian Road Congress, IRC Bhawan, Kama Koti Marg, Sector-6, R.K. Puram, New Delhi-110022. 3. Technical circular File, S&R (P&B) Section.

4. NIC for uploading on the Ministry’s website.

Copy for information and necessary action to:

1. Sr.PPS to Secretary (RT&H).

2. PPS to DG(RD)&SS 3. PPS to SS/AS/AS&FA.

4, PS to all ADGs. 5. PS to all JSs.

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