NHAI Updates Guidelines for Pre-Bid Query Processing

To streamline procurement and reinforce consistency in handling pre-bid clarifications, the National Highways Authority of India (NHAI) has issued a Policy Circular bearing reference no. 8.1.29/2025 dated November 18, 2025 (the “Circular”), providing further guidance on procedures for replying to pre-bid queries in civil works tendered under Engineering Procurement and Construction (EPC), Hybrid Annuity Model (HAM), and Build Operate Transfer (BOT) frameworks. This circular builds upon the earlier Policy Circular bearing reference no. 8.1.28/2025 dated September 10, 2025, (the “September Circular”) which established the foundational process and the constitution of a Standing Committee to examine and finalize responses to pre-bid queries.

Under the September Circular, a Standing Committee comprising the CGM (Technical), CGM (Contract Management Division), and CGM (DPR Cell) was created to examine and finalise replies to pre-bid queries, ensuring uniformity, accuracy and timely resolution. Draft responses were required to be prepared by the Technical Division in consultation with DPR and financial consultants before being placed before the Committee.

However, with the posts of CGM (CMD) and CGM (DPR Cell) currently vacant, the new Circular authorizes the respective General Managers (CMD and DPR Cell) to temporarily discharge the functions assigned to these positions, ensuring procedural continuity and preventing delays in the issuance of clarifications.

Key Clarifications Introduced by the new Circular

1. Committee to examine only contract interpretation issues: Only pre-bid queries related to interpretation of clauses in the contract agreement are to be referred to the Standing Committee for deliberation and finalization, ensuring the Committee focuses on issues with legal or contractual implications.
2. Project-specific queries to be finalized by the Technical Division: Queries pertaining to the Scope of Work or other project-specific aspects must be examined and finalised exclusively by the Technical Division, avoiding escalation to the Committee and preventing delays.
3. Avoiding duplicate submissions: The Technical Division must ensure that queries already finalised and circulated are not resubmitted to the Committee, thereby eliminating redundancy and improving administrative efficiency.
4. Replies not to be withheld for Committee delays: If the Standing Committee delays its review of interpretation-related queries, the Technical Division is directed not to withhold issuance of clarifications, ensuring that procurement timelines remain unaffected and bidders receive timely responses.

The revised framework strengthens NHAI’s pre-bid governance architecture by clearly demarcating roles between the Committee and the Technical Division. It enhances procedural clarity, reduces administrative bottlenecks, and mitigates inconsistencies in interpretation. By ensuring continuity despite temporary vacancies and mandating timely issuance of replies, the Circular reinforces NHAI’s commitment to transparency, fairness and efficiency in EPC, HAM and BOT procurement. Collectively, these measures aim to reduce ambiguity for bidders, support well-informed bidding decisions, and safeguard the integrity of the national highway project award process.