Revised and Amended Standard Bidding Document
2015 Edition

Under the MORD 23 standard, bidders are required to submit comprehensive documentation and fulfill specific eligibility criteria as outlined in Clauses 4.2 and 4.4. These include proof of legal existence such as registration and principal office details, financial statements including turnover and profit/loss records certified by auditors, experience certificates for similar completed and ongoing projects, a bank certificate verifying available credit facilities, PAN card details, and affidavits ensuring the authenticity of the bid data. Additionally, bidders must provide details of technical staff and equipment as per the qualification requirements, disclose any litigation history from the past five years, and outline subcontracting plans capped at 25% of contract value. Joint ventures are permitted with a maximum of three partners, where the lead partner must meet at least 50% of the qualification benchmarks and others at least 25%. Restrictions apply regarding employment of relatives of certain officials and recently retired gazetted officers without permission.

As per MORD 23, the performance security demanded from the successful bidder amounts to 5% of the contract value. This is divided into two equal portions: an initial 2.5% to be submitted via bank guarantee or fixed deposit receipt within 10 days after the Letter of Acceptance and prior to signing the contract, and a subsequent 2.5% retained by the employer from progressive payments until project completion. The bank guarantee must initially be valid for one year and extended to cover 45 days beyond the Defects Liability Period. Additional security may be required for unbalanced bids as stipulated in the contract. Bid security details are generally specified in tender documents and ensure bidder commitment during the bidding process.

The evaluation and comparison of bids under MORD 23 adhere to a systematic and confidential process. Initially, all submitted bids are screened for responsiveness to the tender requirements; bids failing this criterion are outrightly rejected. Subsequently, clarifications may be sought to resolve ambiguities. The employer then computes the evaluated bid price by adjusting the quoted prices to account for acceptable deviations, variations, or price adjustments as specified in the Instructions to Bidders. The bid with the lowest evaluated price that meets all qualification criteria is recommended for award. Throughout this process, confidentiality is strictly maintained to ensure fairness and transparency.

MORD 23 mandates that contractors undertake routine maintenance for a duration of five years following the completion of construction. This entails maintaining roads, pavements, drainage systems, and related infrastructure free from defects throughout the Defects Liability Period. Contractors must submit a final maintenance payment account 21 days prior to the end of this period, after which the Engineer reviews and issues a Routine Maintenance Completion Certificate and payment within 21 days or requests necessary corrections. If the contractor fails to submit the account within the stipulated time, the Engineer finalizes the payment within 28 days, with payment made within 14 days thereafter. This framework ensures continuous upkeep and clear financial closure after project completion.

MORD 23 prescribes a tiered dispute resolution system excluding arbitration. Initially, disputes must be referred within 45 days to a Competent Authority senior to the Engineer, who is required to provide a decision within 45 days. This decision is final and binding unless contested. For claims not exceeding 5% of the Initial Contract Price, the Standing Empowered Committee reviews appeals submitted within 90 days, rendering binding decisions. Contractors may accept payment as full settlement or reject and pursue litigation. For claims exceeding this threshold or if decisions are rejected, parties may seek recourse through courts. Throughout dispute resolution, work must continue uninterrupted, ensuring project progress.

Under MORD 23, variations—changes in work scope or quantities—must be instructed in writing by the Engineer and incorporated into the contract. Contractors are obligated to execute these and adjust their work program accordingly. If no pre-agreed rate exists for a variation, the contractor must submit a detailed rate proposal within 14 days. The Engineer assesses this submission using market data and standard references, recommending a rate for Employer approval, whose decision is final. Compensation events that cause delays entitle the contractor to extensions of the Intended Completion Date, preventing forced acceleration costs. The process ensures fair remuneration and timely project delivery despite changes during execution.

MORD 23 requires contractors to complete projects by the Intended Completion Date (ICD), with extensions granted within 21 days upon justified requests. If delays occur beyond the ICD, liquidated damages are imposed at a rate specified in the contract, commonly 1% per week, capped at 10% of the Initial Contract Price. These damages represent a genuine pre-estimate of loss rather than a penalty. Payment or deduction of liquidated damages does not absolve the contractor from fulfilling contractual obligations. Final payment procedures mandate the contractor submit the final account within 21 days post-completion, followed by Engineer certification within 42 days and payment within 14 days thereafter, ensuring financial closure aligned with project timelines.