RFP GMRCL - DDC Metro Bhavan
RFP GMRCL - DDC Metro Bhavan
RFP GMRCL - DDC Metro Bhavan
TENDER NO.:
GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
VOLUME - I
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GMRC Page 1 of 22
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
Date: 28-07-2023
E-Tenders are invited from reputed and experienced consultant for the following tender:
Interested bidders are requested to visit https://tender.nprocure.com for eligibility criteria, applying/
downloading the tender document. Last date and time for Bid Submissions is 15:00 Hrs on 11-09-2023.
Any alterations in Eligibility Criteria cum Qualification Requirements, and terms of the Tender
Document, or any amendment to the Tender Document, etc, will be uploaded on
https://tender.nprocure.com and GMRC’s Website www.gujaratmetrorail.com without any obligation or
press notification or other proclamation.
Managing Director
GMRC, Gandhinagar
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
Gujarat Metro Rail Corporation (GMRC) Ltd. invites Open Tenders from eligible applicants, who fulfil
qualification criteria as stipulated in Clause 1.1.3 of NIT, for the work, “Engagement of Detailed
Design Consultancy Services for Construction of METRO Bhawan (Headquarter of GMRCL) at
Indroda Depot, Gandhinagar for Gujarat Metro Rail Corporation Limited”
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
If Tender Security has been made from other than the account
mentioned above, same shall not be accepted and all such bids shall
be considered ineligible and summarily rejected.
i. The tenders for this contract will be considered only from those tenderers (proprietorship firms,
partnerships firms, companies, corporations, consortia or joint ventures) who meet requisite eligibility
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
criteria prescribed in the sub-clauses of Clause 1.1.3 of NIT. In the case of a JV or Consortium, all
members of the Group shall be jointly and severally liable for the performance of whole contract.
ii. (a) A non-Indian firm is permitted to tender only in a joint venture or consortium arrangement with
any other Indian firm having minimum participation interest of 26% or their wholly owned Indian
subsidiary registered in India under Companies Act-1956 with minimum 26% participation.
(b) A tenderer shall submit only one bid in the same tendering process, either individually as a
tenderer or as a partner of a JV/Consortium. A tenderer who submits or participates in, more than
one bid will cause all of the proposals in which the tenderer has participated to be disqualified. No
tenderer can be a subcontractor while submitting a bid individually or as a partner of a JV/Consortium
in the same bidding process. A tenderer, if acting in the capacity of subcontractor in any bid, may
participate in more than one bid, but only in that capacity.
iii. Tenderers shall not have a conflict of interest. All Tenderers found to have a conflict of interest
shall be disqualified. Tenderers shall be considered to have a conflict of interest with one or more
parties in this bidding process, if:
(a) a tenderer has been engaged by the Employer to provide consulting services for the preparation
related to procurement for / on implementation of the project;
(b) a tenderer is any associates/affiliates (inclusive of parent firms) mentioned in subparagraph (a)
above; or
(c) a tenderer lends, or temporarily seconds its personnel to firms or organisations which are
engaged in consulting services for the preparation related to procurement for / on implementation of
the project, if the personnel would be involved in any capacity on the same project.
Notwithstanding anything contained in the above clause for the Conflict of interest provisions /
definition, the consultancy firm appointed as DDC / GEC assignment for this project (i.e. Ahmedabad
Metro Rail Project & Surat Metro Rail Project) will be allowed to participate in DDC tender for Metro
Bhawan Building subject to condition that, the agency cannot recruit / assign any consultant or
employee, who are already / currently serving on any consultancy assignment of this project of
Ahmedabad /Surat Projects.
Failure to adhere the aforesaid condition by the tenderer / Member shall result in to disqualification
from the tender process or termination of contract, if awarded.
iv. The payment of the tender fees is acceptable from account of bidder only. However, in case of
JV/Consortium, the tender fees can either be paid from JV/Consortium account or one of the
constituent member of JV/Consortium. If Tender Fees has been made from other than the account
mentioned before, same shall not be accepted and all such bids shall be considered ineligible and
summarily rejected.
v(a). GMRC/ any other Metro Organisation (100% owned by Govt.) / Ministry of Housing & Urban
Affairs / Order of Ministry of Commerce, applicable for all Ministries / any Govt. Department must
not have banned business with the tenderer (including any member in case of JV/consortium) as on
the date of tender submission. The tenderer should submit undertaking to this effect in Appendix-
19 of Form of Tender.
v(b). Also no contract of the tenderer of the value more than 10% of NIT cost of work, executed
either individually or in a JV/Consortium, should have been rescinded / terminated by GMRC / any
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
other Metro Organisation (100% owned by Govt.)/ after award during last 03 years (from the last day
of the previous month of tender submission) due to non-performance of the tenderer or any of
JV/Consortium members. The tenderer should submit undertaking to this effect in Appendix-19 of
Form of Tender.
v(c). The overall performance of the tenderer (all members in case of JV/Consortium separately)
shall be examined for all the on-going DDC work of Civil Engineering / Electrical / Signalling /
System / Traction Works awarded by GMRC/ any other Metro Organisation (100% owned by
Govt.) of value more than the values specified in clause 1.1.3.2 (ii), (A), (iii) cost of work and also for
all the completed DDC work of Civil Engineering/Electrical/Signalling/System/Traction Works
awarded by GMRC / any other Metro Organisation (100% owned by Govt.) within last one year (from
the last day of the previous month of tender submission), of value more than the values specified in
clause 1.1.3.2 (ii), (A), (iii) of NIT executed either individually or in a JV/Consortium. The tenderer
shall provide list of all such works in the prescribed Performa given in Appendix-19A of the Form of
Tender. The tenderer (all members in case of JV/Consortium separately) may either submit
satisfactory performance certificate issued by the Client / Employer for the works or give an
undertaking regarding satisfactory performance of the work with respect to completion of work/
execution of work (ongoing works) failing which their tender submission shall not be evaluated and
the tenderer shall be considered non-responsive and non-compliant to the tender conditions. In case
of non-submission of either satisfactory performance certificate from client / employer or undertaking
of satisfactory performance of any of the above work, the performance of such work shall be treated
as unsatisfactory while evaluating the overall performance of tenderer in terms of Note (b) of
Appendix - 19A. In case of performance certificate issued by the client, same should not be older
than three months (from the last day of the previous month of tender submission) for the ongoing
works. In case the tenderer doesn’t have any work falling in the above criteria, his
performance will not be judged unsatisfactory.
v(d). Tenderer (including any member in case of JV/consortium) for the works awarded by GMRC/
any other Metro Organisation (100% owned by Govt.) must have been neither penalised with
liquidated damages of 10% (or more) of the contract value due to delay nor imposed with penalty of
10% (or more) of the contract value due to any other reason in any DDC work of Civil
Engineering/Electrical/Signalling/System/Traction Works of value more than 10% of NIT cost of
work, during last three years. The tenderer should submit undertaking to this effect in Appendix-20
of Form of Tender.
v(e). If the tenderer or any of the constituent ‘substantial member(s)’ of JV/Consortium does not
meet the criteria stated in the Appendix-19 or Appendix-19A or Appendix-20, the tenderer
including the constituent ‘substantial member(s)’ of JV/Consortium shall be considered ineligible for
participation in tender process and they shall be considered ineligible applicants in terms Clause
1.1.3.1 of NIT.
v(f). If there is any misrepresentation of facts with regards to undertaking submitted vide Appendix-
19, or performance in any of the works reported in the Appendix 19A, or undertaking submitted vide
Appendix-20, the same will be considered as “fraudulent practice” under Clause 9 of SCC and the
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
tender submission of such tenderers will be rejected besides taking further action as per Clause 9
& 10 of SCC.
vi. Tenderer (any member in case of JV/consortium) must not have suffered bankruptcy/insolvency
during the last 5 years. The tenderer should submit undertaking to this effect in Appendix-21 of Form
of Tender.
a) Lead partner must have a minimum of 26% participation in the JV/Consortium. Each other
partners should have a minimum of 20% participation in the JV/Consortium.
b) Partners having less than 26% participation will be termed as non-substantial partner and will
not be considered for evaluation, which means that their financial soundness and work
experience shall not be considered for evaluation of JV/Consortium.
c) In case of JV/Consortium, change in constitution or percentage participation shall not be
permitted at any stage after their submission of application otherwise the applicant shall be
treated as non-responsive.
d) The tenderer, in case of JV/Consortium, shall clearly and unambiguously define the role and
responsibilities for each substantial/non-substantial partner in the JV agreement/ MOU
submitted vide foot note (d) of Appendix-6 of Form of Tender, providing clearly that any
abrogation/subsequent re-assignment of any responsibility by any substantive/ non-substantive
partner of JV/Consortium in favour of other JV/Consortium partner or any change in constitution
of partners of JV/Consortium (without written approval of Employer) from the one given in JV
agreement /MOU at tender stage, will be treated, as ‘breach of contract condition’ and/or
‘concealment of facts’ (as the case may be), vide SCC clause 9 & 10 and acted accordingly.
e) The Employer in such cases, may in its sole discretion take action under clause 4.33.1 (b)
and/or under clause 4.33.1 (c) of GCC against any member(s) for failure in tenderer’s obligation
and declare that member(s) of JV/Consortium ineligible for award of any tender in GMRC or
take action to terminate the contract in part or whole under clause 10 of SCC as the situation
may demand and recover the cost/damages as provided in contract.
viii. Participation by Subsidiary Company / Parent Company with credential of other Company
a) Applicant in the capacity of a Subsidiary Company as a single entity is not permitted to use
the credential of its Parent Company and/or its Sister Subsidiary Company/ Companies
unless the Applicant participates in tender as JV/Consortium with its Parent Company
and/or its Sister Subsidiary Company/ Companies as a member(s) in JV/Consortium with
minimum 26% participation each (as substantial member) for such member(s).
b) Applicant in the capacity of a Parent Company as a single entity is not permitted to use
the credential of its Subsidiary Company/ Companies unless the Applicant participates in
tender as JV/Consortium with its Subsidiary Company/ Companies as a member(s) in
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
JV/Consortium with minimum 26% participation each (as substantial member) for such
member(s).
a) Definitions:
Class-I local supplier' means a supplier or service provider, whose goods, services or
works offered for procurement, has local content equal to or more than 50%, as defined
under the Order No. P-45021/2/2017-PP(BE-II) dated 04.06.2020 issued by Department for
Promotion of Industry and Internal Trade (DPIIT). Minimum local content for ‘Class-I local
supplier’ shall be 50% for the subject tender.
'Class-II local supplier' means a supplier or service provider, whose goods, services
or works offered for procurement, has local content more than 20% but less than 50%, as
defined under the Order No. P-45021/2/2017-PP(BE-II) dated 04.06.2020 issued by
Department for Promotion of Industry and Internal Trade (DPIIT)..
'Non - Local supplier' means a supplier or service provider, whose goods, services
or works offered for procurement, has local content less than or equal to 20% for the
subject tender.
L1’ means the lowest tender or lowest bid received in a tender, bidding process
or other procurement solicitation as adjudged in the evaluation process as per the tender
or other procurement solicitation.
‘Margin of purchase preference’ means the maximum extent to which the price quoted by
a class- I local supplier may be above the L1 for the purpose of purchase preference.
Margin of purchase preference shall be 20% for the subject tender.
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local supplier, the
contract for full quantity will be awarded to L1.
ii. If L1 bid is not a 'Class-I local supplier', 50% of the order quantity shall be awarded
to L1. Thereafter, the lowest bidder among the 'Class-I local supplier' will be invited to
match the L1 price for the remaining 50% quantity subject to the Class-I local supplier's
quoted price falling within the margin of purchase preference, and contract for that quantity
shall be awarded to such 'Class-I local supplier' subject to matching the L1 price.
iii. In case such lowest eligible 'Class-I local supplier' fails to match the L1 price or accepts
less than the offered quantity, the next higher 'Class-I local supplier' within the margin of
purchase preference shall be invited to match the L1 price for remaining quantity and so on,
and contract shall be awarded accordingly.
iv. In case some quantity is still left uncovered on Class-I local suppliers, then such balance
quantity may also be ordered on the L1 bidder.
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
c) Procedure for Purchase Preference in procurement of goods or works which are not
divisible in nature and in procurement of services where the bid is evaluated on price
alone: APPLICABLE FOR THE SUBJECT TENDER
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local supplier, the
contract will be awarded to L1.
ii. If L1 is not 'Class-I local supplier', the lowest bidder among the 'Class-I local supplier',
will be invited to match the L1 price subject to Class-I local supplier's quoted price falling
within the margin of purchase preference, and the contract shall be awarded to such 'Class-
I local supplier' subject to matching the L1 price.
iii. In case such lowest eligible 'Class-I local supplier' fails to match the L1 price, the 'Class-I
local supplier' with the next higher bid within the margin of purchase preference shall be
invited to match the L1 price and so on and contract shall be awarded accordingly.
iv. In case none of the 'Class-I local supplier' within the margin of purchase preference
matches the L1 price, the contract may be awarded to the L1 bidder.
i. The ‘Class-I local supplier’ / ‘Class-II local supplier’ at the time of tender, bidding or solicitation
shall be required to indicate percentage of minimum local content and provide self-
certification that the item offered meets the minimum local content requirement for ‘Class-I
local supplier’ / ‘Class-II local supplier’, as the case may be. They shall also give details of
the location(s) at which the local value addition is made.
ii. In case of procurement for a value in excess of Rs. 10 crores, the class-I local supplier/
class-II local supplier shall be required to provide a certificate from the statutory auditor or
cost auditor of the company or from a practising cost accountant or practising chartered
accountant giving the percentage of local content after completion of works to the Engineer.
iii. If any false declaration regarding local content is found, the company shall be debarred for a
period of three years from participating in tenders of all metro rail companies.
iv. Supplier/bidder shall give the details of the local content in a format attached as Appendix-
23 and Appendix-24 of FOT duly filled to be submitted along with the technical bid. In case,
bidder do not upload/submit Appendix-23 and Appendix-24 of FOT duly filled along with their
technical bid, supplier/bidder shall be considered as ‘Non-local supplier’ and will not be
eligible to participate for estimated value of purchases up to Rs. 200 crores except Global
tender enquiries in terms of Clause 3(b) of Order No. P-45021/2/2017- PP(BE-II) dated
04.06.2020 issued by Department for Promotion of Industry and Internal Trade (DPIIT).
Fees for such complaints shall be Rs. 2 Lakh or 1% of the value of the local item being
procured (subject to maximum of Rs. 5 Lakh), whichever is higher. In case the complaint is
found to be incorrect, the complaint fee shall be forfeited. In case, the complaint is upheld
and found to be substantially correct, deposited fee of the complainant would be refunded
without any interest.
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
I. Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority (i.e. Department for
Promotion of Industry and Internal Trade – DPIIT). The detail circular may be referred on this
website : https://doe.gov.in/procurement-policy-divisions.
II. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts)
means any person or firm or company, including any member of a consortium or joint venture
(that is an association of several persons, or firms or companies), every artificial juridical person
not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch
or office controlled by such person, participating in a procurement process.
Ill. "Bidder from a country which shares a land border with India" for the purpose of this Order
means:
(a). An entity incorporated, established or registered in such a country; or
(b). A subsidiary of an entity incorporated, established or registered in such a country; or
(c). An entity substantially controlled through entities incorporated, established or registered in
such a country; or
(d). An entity whose beneficial owner is situated in such a country; or
(e). An Indian (or other) agent of such an entity; or
(f). A natural person who is a citizen of such a country; or
(g). A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above
IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person, has
a controlling ownership interest or who exercises control through other means.
Explanation-
b. "Control" shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management rights
or shareholders agreements or
2. Voting agreements;
In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting
alone or together, or through one or more juridical person, has ownership of entitlement to
more than fifteen percent of capital or profits of the partnership;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the
relevant natural person who holds the position of senior managing official;
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
5. In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust
and any other natural person exercising ultimate effective control over the trust through a chain
of control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in dealings
with third person.
VI. The successful bidder shall not be allowed to sub-contract works to any contractor from a
country which shares a land border with India unless such contractor is registered with the
Competent Authority.
1.1.3.2 CRITERIA FOR EVALUATION
1.1.3.2 (ii) The Technical Proposal will be evaluated based on the following criteria. Each of the
parameters is detailed in the subsequent sections.
OR
OR
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
Notes
i. Work experience of only substantial partner (partner with share
of 26% or more in the JV / Consortium) shall be considered for
evaluating of JV/Consortium.
ii. The tenderer shall submit details of works executed by them in
the Performa prescribed in Appendix-17 of FOT for the works
to be considered for qualification of work experience criteria.
Documentary proof such as completion certificates from client
clearly indicating the nature/scope of work, actual completion
cost and actual date of completion for such work should be
submitted. The offers submitted without this documentary proof
shall not be evaluated. In case the work is executed for private
client, copy of work order, bill of quantities, bill wise details of
payment received certified by C.A., T.D.S certificates for all
payments received and copy of final/last bill paid by client shall
be submitted. The offers submitted without this documentary
proof shall not be evaluated
iii. Value of successfully completed portion of any ongoing work up
to 30.06.2023 will also be considered for qualification of work
experience criteria provided at least 70% of the Contract value
of work is completed. The details to be furnished in Appendix -
17 & 17A along with the Engineer / Employer’s certificate for
ongoing works that should not be older than three months from
the tender submission date.
iv. For completed works, value of work done shall be updated to
last day of the month previous to the month of tender
submission price level assuming 5% inflation for Indian Rupees
every year and 2% for foreign currency portions per year, on
compounding basis. The exchange rate of foreign currency
shall be applicable 28 days before the submission date of
tender.
v. In case of joint venture / Consortium, full value of the work, if
done by the same joint venture shall be considered. However,
if the qualifying work(s) were done by them in JV/Consortium
having different constituents, then the value of work as per their
percentage participation in such JV/Consortium shall be
considered.
vi. If the above work(s) (i.e. “Similar work”) comprise other works,
then client’s certificate clearly indicating the amount of work
done in respect of the “similar work” shall be furnished by the
tenderer in support of work experience along-with their tender
submissions.
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
Total Marks 45
Note:
1. The firm not fulfilling the required minimum work experience criteria and financial capacity of
bidder as mentioned above will get zero (0) mark.
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
d) Overall experience or
Relevant experience less
than the minimum
requirement mentioned at
Para (b) will get 0 mark.
(ii) Structural Design 1 M. Tech (Structure) or equivalent This is the qualifying criteria.
Engineers: degree Proposed CV will be summarily
Total 5 Marks rejected if the criteria is not met
and marks will be 0.
Should have overall experience of 12 a) Overall experience ≥ 12
years with relevant experience of 7 years with Relevant
years in consultancy services of detailed experience ≥ 7 years:
design of building / depot / station works 5 Marks
in any Infrastructure Project.
b) Overall experience ≥ 10
years & < 12 years with
Relevant experience ≥ 4 & <
7 years :
3 Marks
c) Overall experience or
Relevant experience less
than the minimum
requirement mentioned at
Para (b) will get 0 mark.
(iii) Architect for 1 B. Arch / M. Arch or equivalent This is the qualifying criteria.
Building and degree Proposed CV will be summarily
landscape rejected if the criteria is not met
Architectural and marks will be 0.
Should have overall experience of 12 a) Overall experience ≥ 12
works:
years with relevant experience of 7 years with Relevant
Total 5 Marks years in consultancy services of detailed experience ≥ 7 years:
design of building / depot / station works 5 Marks
in any Infrastructure Project.
b) Overall experience ≥ 7 years
& < 12 years with Relevant
experience ≥ 4 < 8 years :
3 Marks
c) Overall experience or
Relevant experience less
than the minimum
requirement mentioned at
Para (b) will get 0 mark.
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
c) Overall experience or
Relevant experience less
than the minimum
requirement mentioned at
Para (b) will get 0 mark.
(v) E & M Expert 1 B.E. (Elec/ Mech) or equivalent This is the qualifying criteria.
Total 5 Marks degree Proposed CV will be summarily
rejected if the criteria is not met
and marks will be 0.
Should have overall experience of 15 a) Overall experience ≥ 15 years
years with relevant experience of 7 with Relevant experience ≥ 7
years in consultancy services of detailed years:
design of building / depot / station works 5 Marks
in any Infrastructure Project.
b) Overall experience ≥ 7 years
& < 15 years with Relevant
experience ≥ 3 < 7 years :
3 Marks
c) Overall experience or
Relevant experience less
than the minimum
requirement mentioned at
Para (b) will get 0 mark.
(vi) Fire Fighting 1 B.E. (Elec/ Mech.) / B. Tech (Elec/ This is the qualifying criteria.
Expert Mech.) or equivalent degree Proposed CV will be summarily
Total 5 Marks rejected if the criteria is not met
and marks will be 0.
Should have overall experience of 12 a) Overall experience ≥ 12 years
years with relevant experience of 7 with Relevant experience ≥ 7
years in consultancy services of detailed years:
design of building / depot / station works 5 Marks
in any Infrastructure Project.
b) Overall experience ≥ 7
years & < 12 years with
Relevant experience ≥ 4 < 7
years :
3 Marks
c) Overall experience or
Relevant experience less
than the minimum
requirement mentioned at
Para (b) will get 0 mark.
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
c) Overall experience or
Relevant experience less
than the minimum
requirement mentioned at
Para (b) will get 0 mark.
(viii) Mechanical or 1 B.E (Mech.) / B.E (Electrical) This is the qualifying criteria.
Electrical Proposed CV will be summarily
Engineer rejected if the criteria is not met
Total 4 Marks and marks will be 0.
Should have overall experience of 10 a) Overall experience ≥ 10 years
years with relevant experience of 5 with Relevant experience ≥ 5
years in consultancy services of detailed years:
design of building / depot / station works 4 Marks
in any Infrastructure Project.
b) Overall experience ≥ 5 years
& < 10 years with Relevant
experience ≥ 3 < 5 years :
2 Marks
c) Overall experience or
Relevant experience less
than the minimum
requirement mentioned at
Para (b) will get 0 mark.
(ix) CAD Experts 1 B. Sc. or 3 yr Diploma in Civil This is the qualifying criteria.
Total 4 Marks +Trained in CAD Proposed CV will be summarily
rejected if the criteria is not met
and marks will be 0.
Should have overall experience of 10 a) Overall experience ≥ 10 years
years with relevant experience of 5 with Relevant experience ≥ 5
years in consultancy services of detailed years:
design of building / depot / station works 4 Marks
in any Infrastructure Project.
b) Overall experience ≥ 5 years
& < 10 years with Relevant
experience ≥ 3 < 5 years :
2 Marks
c) Overall experience or
Relevant experience less
than the minimum
requirement mentioned at
Para (b) will get 0 mark.
Total Marks 45
Notes:
1. The details of Key Personnel has to be submitted by the tenderer in Appendix-8 and Appedix-
28 of FOT along with necessary attachment.
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2. The Team Leader should be on payroll of bidder for not less than 1 Year.
3. The Team Leader in B (i) should be either have experience of Building Architectural Design
(For B Arch) or Should have experience in Structural Design (For BE Civil) . The team leader
should have experience in interfacing among architecture, structure and systems.
4. The minimum number of manpower required to be deployed for this Contract exclusively for
each category must be implemented as mentioned above with staggered period of deployment
as per requirement as approved by GMRC.
6. No Key Personnel should have attained the age of 60 (Sixty) years at the time of submitting the
proposal.
C. Quality of Bid
Evaluation Parameter Total Marks
Bidders must score at least 60% in each category (i.e. A, B & C) and 70% in total, in order to
qualify for the next stage of evaluation (i.e. financial).
For financial evaluation, the total cost indicated in the Financial Bid will be considered. GMRC will
determine whether the Financial Bids are complete, unqualified and unconditional. The cost
indicated in the Financial Bid shall be deemed as final and reflecting the total cost of services.
Omissions, if any, in costing any item shall not entitle the Consultant to be compensated and the
liability to fulfil its obligations as per the TOR within the total quoted price shall be that of the
Consultant. This means lowest evaluated financial Bid will get the maximum financial score of 100.
_________________________________________________________________
GMRC Page 18 of 22
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
“Under QCBS selection, the technical proposals will be allotted weightage of 70% (Seventy
per cent) while the financial proposals will be allotted weightages of 30% (Thirty per cent) or
any other respective weightages as declared in the RFP (Example, 60:40, 50:50, but not
greater than 80%). The proposed weightages for quality and cost shall be specified in the RFP.
Proposal with the lowest cost may be given a financial score of 100 (Hundred) and other
proposals given financial scores that are inversely proportional to their prices w.r.t. the lowest
offer. Similarly, proposal with the highest technical marks (as allotted by the evaluation
committee) shall be given a score of 100 (Hundred) and other proposals be given technical
score that are proportional to their marks w.r.t. the highest technical marks. The total score,
both technical and financial, shall be obtained by weighing the quality and cost scores and
adding them up. On the basis of the combined weighted score for quality and cost, the
consultant shall be ranked in terms of the total score obtained. The proposal obtaining the
highest total combined score in evaluation of quality and cost will be ranked as H-1 followed
by the proposals securing lesser marks as H-2, H-3 etc. The proposal securing the highest
combined marks and ranked H-1 will be invited for negotiations, if required and shall be
recommended for award of contract. In the event two or more bids have the same score in
final ranking, the bid with highest technical score will be H-1. In such a case, an Evaluated Bid
Score (B) will be calculated for each responsive Bid using the following formula, which permits
a comprehensive assessment of the Bid price and the technical merits of each Bid:
B= Clow T (1 - X)
X +
C Thigh
where,
C = Evaluated Bid Price
Clow = the lowest of all Evaluated Bid Prices among responsive Bids
T = the total Technical Score awarded to the Bid
Thigh = the Technical Score achieved by the Bid that was scored best among all responsive
Bids
X = weightage for the Price as specified in the BDS
The Bid with the best evaluated Bid Score (B) among responsive Bids shall be the Most
Advantageous Bid
A: 75 Marks
B: 80 Marks
C: 90 Marks
The minimum qualifying marks were 70 (Seventy) thus, all the three proposals were found
technically suitable. Using the formula T/Thigh, the following technical points are awarded by
the evaluation committee:
A: 75/90 = 83 points
B: 80/90 = 89 points
C: 90/90 = 100 points
The financial proposals of each qualified consultant were opened after notifying the date and
time of bid opening to the successful participants. The price evaluation committee examined
the financial proposals and evaluated the quoted prices as under:
A: Rs.120.
B: Rs.100.
C: Rs.110.
_________________________________________________________________
GMRC Page 19 of 22
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
Using the formula Clow/C, the committee gave them the following points for financial proposals:
A: 100/120 = 83 points
B: 100/100 = 100 points
C: 100/110 = 91 points
In the combined evaluation, thereafter, the evaluation committee calculated the combined
technical and financial score as under:
The three proposals in the combined technical and financial evaluation were ranked as under:
Proposal C at the evaluated cost of Rs.110 (Rupees One hundred and ten) was, therefore,
declared as winner and recommended for negotiations/approval, to the competent authority”
1.1.3.4 The tender submission of tenderers, who do not qualify the minimum eligibility criteria & bid
capacity criteria stipulated in the clauses 1.1.3.2 above, shall not be considered for
further evaluation and therefore rejected. The mere fact that the tenderer is qualified as
mentioned in sub clause 1.1.3.2 to 1.1.3.3 shall not imply that his bid shall automatically be
accepted. The same should contain all technical data as required for consideration of tender
prescribed in the ITT. Any other submission that changes substance of bid cannot be asked
during the evaluation process, only submission with tender is valid for evaluation.
In case of mismatch in financial data in the submitted documents i.e in Chartered Accountant
certified documents and data in audited balance sheet, the data from the audited balance
sheets shall prevail.
Volume 1
Volume 2
Scope of Work
Volume 3
Financial Package
1.1.5 The tenderer may obtain further information/clarification, if any, in respect of these tender
documents from the office of GM – Contract, Gujarat Metro Rail Corporation (GMRC) Ltd.
_________________________________________________________________
GMRC Page 20 of 22
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
(SPV of Govt. of Gujarat and Govt. of India), Block No.1, First Floor, Karmayogi Bhavan, Behind
Nirman Bhavan, Sector 10/A, Gandhinagar:-382010, Gujarat, India.
1.1.6 All tenderers are hereby cautioned that tenders containing any material deviation or
reservations as described in Clause. E 4 of “Instructions to Tenderers” and/or minor deviation
without quoting the cost of withdrawal shall be considered as non-responsive and is liable to
be rejected.
1.1.7 The intending tenderers must be registered on e-tendering portal https://tender.nprocure.com .
Those who are not registered on the e-tendering portal shall be required to get registered
beforehand. After registration, the tenderer will get user id and password. On login, tenderer
can participate in tendering process and can witness various activities of the process.
1.1.8 The bidder shall submit the Tender Fees & Tender Security (Envelope-1), Technical Bid
(Envelope-2) and Signed & stamped Tender document along with Addenda & Clarifications (if
any) (Envelope-3) in physical form & Technical Bid (i.e, Envelope -2) is also to be uploaded
online at e-tendering portal https://tender.nprocure.com . Financial Bid is not to be submitted in
the physical form and it must be submitted online only at https://tender.nprocure.com . Both the
submissions are to be submitted on the same day as per date and time mentioned in NIT.
Instructions for on-line bid submission are furnished in ITT.
1.1.9 Submission of Tender after due date and time shall not be accepted under any circumstances.
It shall be the responsibility of the bidder / tenderer to ensure that (a) Technical Bid is to be
physical & online form and (b) Financial Bid / Price Bid is to be submitted in online form on e-
tendering website https://tender.nprocure.com before the deadline of submission.
GMRC will not be responsible for non-receipt of tender submission as mentioned above due to
loss etc.
1.1.10 Tenders shall be valid for a period of 180 days (both days inclusive i.e. the date of submission
of tenders and the last date of period of validity of the tender) from the date of submission of
Tenders and shall be accompanied with a tender security of the requisite amount as per clause
C18 of ITT.
1.1.11 GMRC reserves the right to accept or reject any or all proposals without assigning any reasons.
No tenderer shall have any cause of action or claim against the GMRC for rejection of his
proposal.
1.1.12 If any Scheduled event(s) of tender activity falls on public holiday, then the same will be
conducted on the next working day at the same mentioned time.
1.1.13 Tenderers are advised to keep in touch with e-tendering portal https://tender.nprocure.com and
GMRC’s website www.gujaratmetrorail.com for any updates, Addendum, Clarification, etc.
1.1.14 Our Contact person for this tender is GM - Contract with mail - ID
anupam.gupta@gujaratmetrorail.com, Telephone +91 79 23248572, Extension 526.
_________________________________________________________________
GMRC Page 21 of 22
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 NIT
_________________________________________________________________
GMRC Page 22 of 22
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
TENDER NO.:
GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
VOLUME - I
INSTRUCTIONS TO TENDERER
GMRC Page 1 of 79
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
Disclaimer
Information provided in the Tender Documents to the Tenderer(s) is on a wide range of matters, some
of which may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. GMRC accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on law expressed herein.
GMRC, its employees and advisors make no representation or warranty and shall have no liability to
any person, including any Tenderer under any law, statute, rules or regulations or tort, principles of
restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise
from or be incurred or suffered on account of anything contained in the Tender Documents or
otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the Tender
Documents and any assessment, assumption, statement or information contained therein or deemed
to form part of the Tender Documents or arising in any way for participation in this tendering stage.
GMRC also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Tenderer upon the statements/information contained
in the Tender Documents.
GMRC may in its absolute discretion, but without being under any obligation to do so, update, amend
or supplement the information, assessment or assumptions contained in the Tender Documents.
GMRC also reserves the right to change any or all conditions/ information set in the Tender
Documents at any time by way of revision, deletion, updation or annulment through issuance of
appropriate addendum as GMRC may deem fit without assigning any reason thereof
The issue of the Tender Documents does not imply that GMRC is bound to select a Tenderer or to
appoint the selected Tenderer for constructing the work envisaged under the Tender Documents and
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
GMRC reserves the right to reject all or any of the Tenderers or Tenders without assigning any reason
whatsoever.
The Tenderer(s) shall bear all its costs associated with or relating to the preparation and submission
of its Tender including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by GMRC or any other
costs incurred in connection with or relating to its Tender. All such costs and expenses will remain
with the Tender and GMRC shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Tender in preparation for submission of the Tender, regardless
of the conduct or outcome of the tendering process.
GMRC Page 3 of 79
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
A. General
This contract is for the work of Engagement of Detailed Design Consultancy Services for
Construction of METRO Bhawan (Headquarter of GMRCL) at Indroda Depot, Gandhinagar
for Gujarat Metro Rail Corporation Limited ” hereinafter referred as “DDC Services for
Construction of METRO Bhawan”
A3 Eligible Tenderers
This is an open international competitive tender and all companies, corporations, partnership
firms, consortium or Joint Ventures who are involved in execution of this type of work and
those who fulfil the financial soundness and work experience criteria and other requirements
laid down in this document are eligible to participate.
A4.1 The tender can be submitted either as an Individual Entity or partnership firm or a company
registered under provision of Companies Act 1956 or Joint Venture/Consortium, herein after
referred to as ‘Tenderer’.
In case, the Tenderer is a consortium, its Tender should clearly state that members in the
consortium will be “jointly and severally” responsible for performance under the Contract. A
detailed Consortium Agreement between the Members of such Consortium stating clearly
their inter-relationship and division of work and obligations among the Members as mentioned
below should be submitted along with the Tender for detailed examination by GMRC. The
format of the Consortium Agreement is annexed as Annexure -15.
Further, a Power of Attorney signed by all the Consortium Members duly supported by their
board resolutions must also accompany the Tender authorizing the Lead Member, inter alia,
to submit the Tender on their behalf. The formats of the Power of Attorney as well as the
board/Appropriate Authority- resolution are annexed as Annexure -9 and Annexure -14. As
the Contract Agreement will be required to be executed by all other Members of the
Consortium also in addition to signing by the Lead Member, therefore each of such other
Members is required to issue a Power of Attorney authorizing an individual as its authorized
signatory, inter alia, to sign the Contract Agreement. The format of the Power of Attorney is
annexed as Annexure -11.
Every Tenderer, be it a single entity or a consortium, is required to submit along with its
Tender a Power of Attorney duly signed and stamped and supported by its board resolution
authorizing an individual as its authorized signatory, inter alia, to sign and submit the Tender.
The formats of the Power of Attorney as well as the board resolution are annexed as
Annexure -10 and Annexure -12 & 13. In case of a consortium, such power of attorney and
board resolution must be executed and passed respectively by the Lead Member, agreeing to
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do role of the Lead Member and to be jointly and severally responsible and liable to GMRC
and in case of failure of any member/s, to take over and complete the task of failing member
with full responsibility and liability towards the tender/contract on behalf of the Joint Venture.
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.
For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and/or notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by a Bidder from a country
which has signed The Hague Legislation Convention 1961 is not required to be legalized by
the Indian Embassy if it carries a conforming Apostille certificate.
A4.1a Joint venture/consortium is permitted to take part in the tender, in which the Lead member
should have at least participating proportion of 26% in the JV/Consortium.
Where the Tenderer is a Consortium, the Tenderer shall update the following information (in
the Qualification cum Technical Package) furnished.
(a) Consortium Agreement as submitted with the Tender to be duly registered in India by the
successful Tenderer.
(b) nomination of one of the Members of the Consortium to be in-charge (“Lead member”);
and this authorisation shall be covered in the Power of Attorney signed by the legally
authorised signatories of all Members of Consortium;
(c) details of the intended financial participation by each member shall be furnished with
complete details of the proposed division of responsibilities for the work and
relationships among the individual Members.
(d) The Lead member shall be authorised to incur liabilities, receive payment (if provided for
in Consortium Agreement) and receive instructions for and on behalf of any or all
Members of the Consortium.
(e) All members of the Consortium shall be jointly and severally responsible for the
execution of the Contract in accordance with the terms and conditions of the Contract.
(f) The Tender shall be signed so as to be legally binding on all the Members of the
Consortium.
A4.1b The Tenderer shall submit with the Tender full details of its ownership and control or, if the
Tenderer is a Consortium, full details of ownership and control of each Member thereof.
Any Indian Tenderer, or Indian Members of a Consortium shall submit, a copy of the
Permanent Account Number (PAN) issued by the Income Tax Authorities and a certified copy
of the last 3 years (including the latest Financial Year) income tax return, duly acknowledged
by the Income Tax department with their Tender and the Qualification cum Technical
Package. Successful Tenderer or the Lead Member, in the case the Tenderer is a Consortium
is required to submit a valid Certificate of Registration evidencing the registration of the
Tenderer or the Lead Member, as the case may be, under the Gujarat Value Added Tax Act /
Rules, and all other statutory registrations as required by the Government of India, the
Government of Gujarat and by any other Statutory Authority including registration for Service
Tax, which are essential to be used for purpose of the work, if the contract is awarded to it.
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A4.2 Each Tenderer (each member in the case of joint venture or consortium) is required to confirm
and declare with his Tender that no agent, middleman or any intermediary has been, or will
be, engaged to provide any services, or any other item or work related to the award and
performance of this Contract and declare that no agency commission or any payment which
may be construed as an agency commission has been, or will be, paid and that the tender
price will not include any such amount. To fulfil this requirement, the tenderer (each member
in case of JV/Consortium) has to sign the declaration given as Appendix-11 of FOT. If the
Employer subsequently finds to the contrary, the Employer reserves the right to declare the
Tenderer as non-compliant, and declare any Contract if already awarded to the Tenderer to
be null and void.
A4.2a If, in connection with the performance of the consulting services, any Tenderer intends to
borrow, hire temporarily, personnel from contractors, manufacturers or suppliers, the
Tenderer must include in their proposal all relevant information about such personnel. In such
case, the Tenderer will be acceptable only if those contractors, manufacturers, and suppliers
disassociate themselves from this work (including tendering relating to any goods or services
for any other part of this work) other than that of consultant.
A4.3 Canvassing or offer of an advantage or any other inducement by any person with a view to
influencing acceptance of a Tender will be an offence under laws of India. Such action will
result in the rejection of the Tender, in addition to other punitive measures.
A Tenderer shall submit only one bid, either individually as a tenderer or as a partner of
JV/Consortium. If a tenderer who submits or participates in more than one bid, all tenders in
which the tenderer has participated either as sole tenderer or member of JV/consortium shall
be considered invalid.
There are no restrictions on the country of origin of services to be provided under the Contract
but Bidders are encouraged to adopt Indian sources to the maximum possible extent.
However, all services shall be to the satisfaction of the Employer. The information on all
services included in the Consultant’s Proposal and incorporated into the Contract shall not, in
any event, be construed as a submission to the Employer under the Contract. The Consultant
will be required to take specific approval of the Employer for deployment of services in
accordance with the Conditions of Contract and Employer’s Requirements.
A6 Cost of Tendering
The Tenderer shall bear all costs associated with the preparation and submission of his
tender and the Employer will in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the tender process.
A7 Site Visits
A7.1 The Tenderer is advised to visit and examine the Sites of Projects and its surroundings and
obtain for himself on his own responsibility all information that may be necessary for preparing
the Tender and entering into a contract for the proposed work. The costs of visiting the Sites
shall be borne by the Tenderer. It shall be deemed that the Tenderer has undertaken a visit to
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the Sites of Projects and is aware of the site conditions prior to the submission of the tender
documents.
A7.2 Deleted
A7.3. Deleted
B. Tender Documents
B1.1 The Tender Documents, as listed below, have been prepared for the purpose of inviting
tenders for detailed design of all architecture and building services works as well as proof
checking of structure works in connection with “Engagement of Detailed Design
Consultancy Services for Construction of METRO Bhawan (Headquarter of GMRCL) at
Indroda Depot, Gandhinagar for Gujarat Metro Rail Corporation Limited ” and as more
particularly described in these documents.
B1.2 The Tenderer is expected to examine carefully the contents of all the above documents.
Failure to comply with the requirements of the Tender documents will be at the Tenderer’s
own risk. Tenders that are not substantially responsive to the requirements of the Tender
documents will be rejected.
B1.3 The Tenderer shall not make or cause to be made any alteration, erasure or obliteration to the
text of the Tender Documents.
B2 Not Used
B3.1 The Tenderer shall check the pages of all documents against page numbers given in indexes
and summaries and, in the event of discovery of any discrepancy, the Tenderer shall inform
the GM (Contract), GMRC forthwith.
B3.2 Should the Tenderer for any reason whatsoever, be in doubt about the meaning of anything
contained in the Invitation to Tender, Tender Documents or the extent of detail in the
Employer's Requirements, Technical Specifications and Tender Drawings etc., the Tenderer
shall seek clarification from GM (Contract). GMRC will respond in writing to any request for
clarification received in writing from tenderers prior to dead line. Written copies of the
response will be sent to all prospective tenderers who have purchased the tender document.
All communications between the Tenderer and GMRC shall be conducted in writing.
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
B3.3 Except for any such written clarification by GM (Contract) , GMRC which is expressly stated to
be by way of an addendum to the documents referred to in paragraphs B1.1 (a) to (g) above
and/or for any other document issued by the Employer which is similarly described, no written
or verbal communication, representation or explanation by any employee of the Employer or
the Engineer shall be taken to bind or fetter the Employer or the Engineer under the Contract.
B3.4 Correspondence: All correspondence from GMRC pertaining to this tender till the award of
the work with tenderer shall be done by GM (Contract).
B4.1 During the tender period, the Employer may issue further instructions to tenderers or any
modifications to existing tender documents in the form of an addendum. Such an amendment
in the form of an addendum will be made available at GMRC’s website www.
gujaratmetrorail.com to all prospective tenderers who have purchased the tender document in
the tender period.
B4.2 The Tenderer should note that there might be aspects of his Tender and/or the evaluation
documents submitted with the Tender that will necessitate discussion and clarification. It is
intended that any aspect of the said evaluation documents and any amendments or
clarification which are to have contractual effect will be incorporated into the Contract either:
(a) by way of Special Conditions of Contract to be prepared by the Employer and agreed
in writing by the Tenderer prior to and conditional upon acceptance of the Tender; or
(b) by the Tenderer submitting, at the written request of the Employer, documents which
are expressly stated to form part of the Tender, whether requested before or after
submission of the documents forming part of the Tender, identified in paragraphs
C2.2(a) to C2.2(z-ii) below, and whether as supplements to, or amended versions of
such documents.
Save as aforesaid, all such amendments or clarifications shall have contractual effect.
C. Preparation of Tenders
C1 Language
Tenders and all accompanying documents shall be in English. In case any accompanying
printed literature is in other languages, it shall be accompanied by an English translation. The
English version shall prevail in matters of interpretation.
C2.1 The Tenderer shall, on or before the date and time given in the Notice Inviting Tender (NIT),
submit his Tender comprising of following:
- Technical Package
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Technical Package of this submission shall contain the documents referred to in the
subsequent paragraphs C2.2 (a); (b); (d); (e); (f); (g), (h); (i); (j); (k); (l); (m); (n); (o); (p); (q);
(r); (s); (t); (u); (v); (w); (x); (y); (z);(aa);(bb);(cc);(dd);(ee); (z-i) (z-ii) and C2.3 (a); (b); (c); (d);
(e); (f); (g), (h); (i); and all annexure & Appendixes of ITT and FOT respectively.
Financial Package shall contain the documents referred to in paragraphs C2.2 (a); (b); (c).
In submission of the Tender (Tender Security, Technical Package and Financial Package),
Tenderer(s) shall assign person(s) in writing to submit the tender accompanied by the original
of the Tender Security which shall be submitted in a separate envelope.
Should any further documents be required pursuant to paragraphs C2.2 (z) and C2.3 (h)
below, the Tenderer will be instructed by the Employer which Package of the Tenderer’s
submission is to contain such documents.
C2.2 The Tenderer shall submit, as his Tender, the following documents, duly completed which in
the event of acceptance of the Tender, and shall form part of the Contract:
(c) Appendix 2 to the Form of Tender: completed bill of quantities / Pricing Document
(see paragraph C10, C15 and C23);
(f) Appendix 5 to the Form of Tender: Contractor's Technical Proposals (see para C6);
(g) Appendix 6 to the Form of Tender: General Information about the Tenderer;
(h) Appendix 7 to the Form of Tender: Staffing Schedules and Organisation Chart (see
paragraph C12);
(i) Appendix 8 to the Form of Tender: Curriculum Vitae (CV) of Key Personnel
(j) Appendix 9 to the Form of Tender: Tender Index (See paragraph C23);
(l) Appendix 11 to the Form of Tender: Undertaking for corrupt & fraudulent practice;
(m) Appendix-12 to the Form of Tender: Undertaking on copyright (see paragraph E2)
(n) Appendix-13 to Form of Tender – The tenderer may submit minor deviations in this
annexure and a confirmation that price of every such minor deviation has been given
in the financial package. Minor deviation may be in the employer’s requirements or in
any other tender requirement which do not alter the basic functionality of the work or
part thereof. If there is no such minor deviation, then the tender or must write “NIL” in
this annexure. Tenderer to note that such minor deviations may or may not be
accepted by the employer and the tenderer shall not have any right to any claim on
this account. The offer in BOQ shall be given without considering any deviation in
tender conditions. Tenderer to see note 1 of Appendix-13 of FOT.
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(o) Appendix 14 to the Form of Tender Tentative project implementation programme (see
paragraph C8)
(p) Appendix 15 to the Form of Tender: Financial Data (Consultancy works done during
the latest last five financial years)
(q) Appendix 16 to the Form of Tender: Financial Data (Commitment For On-going
Works/ works in hand)
(t) Appendix 18 to the Form of Tender: Financial Data (Financial Standing); Appendix
18A: Affidavit for unaudited balance sheet.
(u) Appendix-19 to the Form of Tender: Undertaking as per clause 1.1.3.1 v of NIT
(w) Appendix-20 to the Form of Tender: Undertaking for not being penalised in a Contract
(y) Appendix-22 to the Form of Tender – Undertaking for Downloaded Tender Document.
(z) Appendix-23 and Appendix – 24 to the Form of Tender: Undertaking as per Clause
1.1.3.1 ix of NIT
(aa) Appendix-25 and Appendix – 25a to the Form of Tender : Detail of the proposed sub
consultants ; Attachment A & B.
(bb) Appendix-26 to the Form of Tender : Details of Bank Account for Refund of Tender
Security/EMD
(ee) Any further documents which have been requested in accordance with paragraph
B4.2 above.
(z-ii) All original tender documents issued by GMRC are part of Technical Package except
the volume containing the Bill of Quantities (BOQ/Pricing Document) which shall be
filled and submitted in Financial Package. Tenderers should carefully read and note
all the conditions and provisions mentioned in original tender documents issued by
GMRC and it shall be deemed that all the conditions and provisions of these
documents have been included in their tender submission and accepted to them. The
tender shall be submitted in GMRC’s office under the authorised signatory of the
tenderer.
C2.3 The Tenderer shall submit with his Tender the documents that are identified in paragraphs
C2.3 (a) – C2.3 (i) inclusive. Such documents will be used for the purposes of evaluating and
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analysing the Tender but will not form part of the Contract unless the same shall have been
expressly incorporated into the Contract in accordance with paragraphs B4.1 or B4.2 above.
(h) Any further documents which are requested in writing by Employer before submission
of the Tender by way of evaluation documents but which are not to form part of the
Contract;
Member % of participation
(ii) The tenderer should supply the following information, separately for
each member of the consortium.
Both (a) and (b) should be updated to price level of last day of the
month previous to the month in which the tender is submitted by
assuming 2% inflation on foreign currency and 5% on Indian currency.
For conversion of foreign currency, please refer clause E5.3 of ITT.
C2.4 The Employer may get, from the Government, partial or complete waiver of taxes, royalties,
duties, Labour cess, octroi, and other levies payable to various authorities. The successful
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tenderer (the contractor) shall maintain meticulous records of all the taxes and duties paid and
provide the same with each bill. In case the waiver becomes effective, the DDC will be
advised on the process to be followed to obtain the refund from the concerned authority. The
DDC shall arrange for the remit of the refund to the Employer. In case of failure by the DDC to
remit such amounts, the same shall be recovered from amounts due for payment to the DDC.
With the tender submission, the tenderer shall submit the proof of GST registration or shall
submit an undertaking that he will get registered with GST authorities in case of award of LOA
to them.
C2.5 Tenderers shall quote all prices as per Clause 32 of GCC and Clause 20 of SCC.
b) Deleted
c) Change in Taxes/Duty:
The contract price shall be subject to adjustment to take in to account any changes in
taxes/duty to the extent stipulated in clause 13 of SCC.
e) Deleted
In view of above, the tenderers are advised to quote the price inclusive of all
central/state/local taxes (GST), duties, levies, cess and all other incidental charges required to
fulfil the tender conditions including statutory deduction viz., TDS towards Income Tax / Works
Contract Tax etc. after considering clause C2.4, C2.5 & C2.6 above.
C3 Form of Tender
The Form of Tender shall be completed and signed by a duly authorised and empowered
representative of the Tenderer. If the Tenderer comprises a partnership, consortium or a joint
venture the Form of Tender shall be signed by a person who is duly authorised by each
member or participant thereof or by authorized signatory of each member. Signatures on the
Form of Tender shall be witnessed and dated. Copies of relevant powers of attorney shall be
attached.
C4 Not Used
C5 Not Used
C6.1 The Tenderer shall submit as Appendix-5 of Form of Tender to form part of its Tender, the
Contractor's Technical Proposals as described in Annexure-1 of Instructions to Tenderer.
C6.2 The Tenderer shall be required to amplify, explain and develop the DDC's Technical
Proposals in substantially greater detail during the tender evaluation period such that they
may be confirmed as complying clearly with the Employer's Requirements and, in accordance
with paragraph B4.2 herein, can be incorporated into the Contract. Only those aspects of the
DDC’s Technical Proposal that the Employer (at his sole discretion) considers clearly
conforming, will form part of the Contract.
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C7. Designer
C7.1 The Tenderer should note the requirements of warranties and obligations contained in Clause
35 of GCC.
C8.1 The Tenderer shall submit with his Tender as Appendix-14 to FOT, a Tender Programme
shall indicate how the Tenderer intends to organise and carry out the Works and achieve
Stages and complete the whole of the Works by the completion dates. Detailed requirements
for the Tender Programme are set out in Annexure-2 to these Instructions to Tenderers.
C8.2 The Tender Programme shall be prepared in terms of weeks from the Date of issue of Letter
of Acceptance which shall be the date for Commencement of Works.
C8.3 The Tender Programme shall not in any event be construed as a submission of the Works
Programme.
C9 Not Used
The payment for items given in Bill of Quantity/Pricing Document (Volume 3) shall be made
on the basis of actually completed works.
C11. Sub-Contracts
C11.1 Sub-contracting shall be generally limited to 50% of the contract price. The terms and
conditions of sub-contracts and the payments that have to be made to the sub-contractors
shall be the sole responsibility of the Contractor. All the subcontractors are to be approved
from GMRC.
C11.2 For sub-contracts exceeding Rs. 5 million, it will be obligatory for the contractor to obtain a
Notice of No objection from the Engineer to the identity of the sub-contractor. The value of
each sub-contract shall be provided by the contractor to the engineer. The Contractor shall
certify that the cumulative value of the sub-contracts (including those up to Rs. 5 million each)
awarded is within the aforesaid 50% limit.
C11.3 The Terms and Conditions of the sub-contract are the sole prerogative of the Contractor and
are deemed to be included in the contract price.
C12.1 The Tenderer shall submit with his Tender (Appendix-7 of Form of Tender) a staffing schedule
containing the names, qualifications, professional experience and corporate affiliation of all
proposed personnel and experts for this work as mentioned in scope of work. Details shall be
included for all such personnel whether directly employed or engaged on a consultancy. The
submission shall include a provisional organisation chart showing areas of responsibility,
relative seniorities and lines of reporting. The proposed staffing plan shall be in conformity as
given in Scope of Work.
C12.2 The Tenderer shall include in his proposal the name and qualifications of the Project
Architect, Project Manager, Team Leaders of all technical teams, Expatriate/ Indian Experts
and Key Members.
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C15.1 The Pricing Document is included in Bill of Quantities/Pricing Document (Volume-3). The
rates shall be quoted online on E-portal - https://gmrc.nprocure.com. The rates shall not be
offered/quoted elsewhere in the technical submission/ tender submission. These prices
should include all costs associated with the contract. The Tenderer shall complete the Pricing
Document in accordance with the instructions given in Bill of Quantity/Pricing Document. The
completed Pricing Document including price of minor deviations in Annexure-13A of
BOQ/Pricing document for such deviation as mentioned in Appendix 13 of FOT shall be
submitted.
C15.2 The price of each such minor deviation will be the price which the tenderer agrees to offer to
the employer from his quoted offer in BOQ if deviation is agreed by the employer. Any such
deviation without a price shall not be considered and will be treated as withdrawn by the
tenderer. Any other deviation mentioned anywhere in the submission other than in Appendix-
13 of FOT shall be considered as if mentioned inadvertently by the tenderer and shall be
considered as withdrawn without any confirmation from the tenderer.
C15.3 The Tenderer is to note the Key Dates as given in SCC. These are to be adhered to strictly
failing which Liquidated Damages as mentioned against each key date shall be levied to the
contractor. Prior to Date of Commencement, Key Dates will be converted to calendar dates.
C16.1 The tenderer shall give his priced offer in Indian Rupees only.
The Tender shall be valid for a period of 180 days (both days inclusive i.e. the date of
submission of tenders and the last date of period of validity of the tender) from the latest Date
of Submission of Tenders. In exceptional circumstances, prior to expiry of the original tender
validity period, the Employer may request that the Tenderers extend the period of validity for a
specified additional period. The request and the responses thereto shall be made in writing or
by facsimile. A Tenderer may refuse the request without forfeiting his Tender Security. A
Tenderer agreeing to the request will not be required or permitted to modify his tender, but will
be required to extend the validity of his Tender Security for the period of the extension.
C18. Tender Fee/ Tender document cost and Tender Security/Earnest Money Deposit
C18.1.1 Tender fee/ tender document cost:
The instrument type for payment of tender fee/ tender document cost is through DD/Banker’s
Cheque/. No other mode of payment will be accepted.
Demand Draft /Banker’s cheque drawn on a Scheduled Commercial Bank based in India and
should be in favour of “Gujarat Metro Rail Corporation (GMRC) Ltd” payable at
Gandhinagar/Ahmedabad.
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The Tenderer shall submit with his Tender a Tender Security for the sum mentioned in NIT in
any one of the following forms.
(i) Irrevocable bank guarantee issued by a Scheduled Commercial bank based in India or
from a branch in India of a scheduled foreign bank in the form given in Annexure-6 to
Instruction to Tenderers (ITT).
(ii) Demand Draft / Pay Order / Bank Draft in favour of “Gujarat Metro Rail Corporation
(GMRC) Ltd” payable at Gandhinagar/Ahmedabad from a Scheduled Commercial bank
based in India,
(ii) Fixed Deposit Receipt (FDR) of a Scheduled Commercial bank / Post office based in India
duly pledged in favour of “Gujarat Metro Rail Corporation (GMRC) Ltd”.
In case of JV/Consortium the bid security / tender fees shall be either in the name of
JV/Consortium or in the name of any of the constituent substantial member. In case the Bank
Guarantee / FDR is submitted in the name of any of the constituent substantial member then,
the bidder shall also submit undertaking as per Annexure-6A of ITT. The Tender Security
shall remain valid for a period of 60 days beyond the tender validity period (i.e. 180+60=240
days) from the last date of submission of tender and with a provision that it shall be suitably
extended on the request of GMRC. The tender security shall be submitted in a sealed
envelope clearly marked on top “Tender Security for GMRC/DDC/METRO
BHAWAN/AHMEDABAD/2023
C18.1.4 Offers submitted without the Tender Security or with invalid Tender Security shall be rejected
outright.
C18.2 If an acceptable Tender Fees/Tender Security is not submitted by a tenderer as mentioned
above, then tender(s) of such tenderer(s) shall be rejected considering it as non-responsive
and their Technical package shall not be opened and if opened then it will NOT be evaluated.
No post bid clarification shall be sought on tender fees/tender security.
C18.3 The Tender Security of the successful Tenderer shall be returned upon the execution of the
Contract and on the receipt by the Employer of the Performance Security in accordance with
Sub- Clause 3.2 of the GCC.
C18.4 The Tender Security of tenderers who fail in technical evaluation shall be returned after
opening of financial package. Tender security of the unsuccessful tenderers in financial
opening shall be released after issue of the Letter of Acceptance (LOA) by the successful
tenderer or finalization of tender Bidder is required to submit Appendix-26 for refund of
Tender Security, if the same has been submitted in the form of Demand Draft/ Banker’s
Cheque
C18.5 The Tender Security shall be forfeited:
(a) if the Tenderer withdraws his Tender during the period of Tender validity; or
(b) if the Tenderer does not accept the correction of his Tender price, pursuant to Sub-paragraph
E5.2 below;
(c) if the successful Tenderer refuses or neglects to execute the Contract or fails to furnish the
required Performance Security within the time specified by the Employer.
(d) However, if the Tenderer withdraws his tender after opening of his financial package (in two
package system) during the period of validity of his tender or in case of (c) above, beside
forfeiture of tender security, the tenderer shall not only be debarred from participating in the
re- tender of same work but also will be debarred from participating in any tender of GMRC for
a period of one year from the date of withdrawal of his tender or from date of issue of LOA, as
the case may be.
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C20. Personnel
The Tenderer's attention is especially drawn to Clause 8 & 10 of the GCC, Clause 1.1.3.2 of
NIT and Clause 7 & 8 of Preamble Bill of Quantities in relation to the responsibility of the DDC
for arranging personnel for the required duration of the project to the satisfaction of GMRC.
The Tenderer's attention is drawn to the provisions contained in Clause 36 of the General
Conditions of Contract.
The Tenderer shall include with his Tender an index which cross refers all of the Employer’s
tender requirements elaborated in these documents to all the individual sections within
“TENDER NO.: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023”: Technical Package
and “GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023”: Financial Package, which the
Tenderer intends to be the responses to each and every one of those requirements.
C24.1 A Pre-Tender meeting shall be held on the date and location given in the Key details of NIT.
C24.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter
that may be raised at that stage.
C24.3 The tenderer is requested to submit any question in writing or by facsimile, to reach the
Employer not later than the last date of seeking clarification as mentioned in key details of
NIT.
C24.4 The text of the questions raised by all the tenderer and the responses given will be
transmitted without delay to all purchasers of the Tender Documents. Any modification of the
Tender Documents listed in paragraph B4 which may become necessary as a result of the
Pre-Tender meeting shall be made by the Employer exclusively through the issue of an
Addendum pursuant to paragraph B4.
C24.5 Non-attendance at the Pre-Tender meeting will not be a cause for disqualification of a
Tenderer.
C25.1 The Tenderer shall prepare and submit their tender comprising of (but not limited to)
documents described in paragraph C2 of these Instructions.
C25.2 All documents which are to be submitted shall be typed or written in indelible ink (in the case
of copies, legible photocopies are also acceptable and all the pages shall be signed by a
person or persons duly authorised to sign on behalf of the Tenderer before scanning,
pursuant to sub-paragraphs A4.1, as the case may be. All pages of the Tender, where
entries or amendments have been made, shall be initialled and dated by the person or
persons signing the Tender.
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C26.1 The tenderer should submit his tender that conforms to the tender documents without material
deviation(s) or reservation(s). Where, however, the tenderer gives his offer subject to certain
conditions, qualifications, deviations etc., the tenderer shall provide such details in the format
prescribed in Appendix-13 of FOT and price schedule for unqualified withdrawal
corresponding these deviation(s) shall separately be furnished in the format prescribed in
Annexure-13A of BOQ / Pricing Document. Tenders not accompanied by such price
schedule shall be considered as deviation(s)/conditions are withdrawn.
C26.2 Tenderers shall note that except for deviation(s) listed in Appendix-13 of FOT, the tender
shall be deemed to comply with all requirements in the tender documents without any extra
cost to the Employer irrespective of any mention to contrary, anywhere else in the tender
document.
D. Submission of Tenders
D1 The bidder shall submit their tender in form of two bids (1) Technical Bid in Physical &
Online form and (2) Financial Package through Online. Financial Package is not to be
submitted in the physical form and it needs to be submitted online on
https://gmrc.nprocure.com.
The bidder to ensure that submission of Technical Bid is to be made online & in Physical
form. There shall not be any change to technical bid submitted Online & Physical. In case of
any discrepancy in submission of Technical Bid between physical and online form, the
Technical Bid submitted online will prevail and will be considered for evaluation.
D1.1 The tenderer shall submit their Technical Bid in three separate sealed envelopes, marked as
Envelope -1, Envelope -2 and Envelope -3 duly labelled viz., Envelope -1 comprising of
“Tender Fees and Tender Security”, Envelope-2 comprising of “Qualification cum Technical
Package” in original, copy and scanned copy on Compact Disc / Pen Drive , and Envelope-3
comprising of “Signed and Stamped Tender Document and Addenda/ Clarifications (if any)”
containing inter alia all qualification information required as per format given in the Tender
before date and time of submission of tender mentioned in NIT.
These three envelopes will be wrapped in an outer envelope addressed to designated officer,
duly super scribing on top the Tender Notice No., Tender No., name of the work, time and
date of submission. The envelope should also bear the name and address of the Tenderer.
Envelope -1 should contain: (i) original Tender Fees and Tender Security Document along
with a copy thereof (in case of DD/BG/FDR/Banker’s Cheque).
Envelope- 2 should contain: (i) Original Qualification cum Technical Package, as per format
given in all the volumes of the tender document along with ‘copy’ of same & Compact Disc /
Pen Drive containing the scanned copy of Qualification cum Technical Package in one
envelope.
Envelope- 3 should contain (i) Signed and stamped Tender Document and Addenda,
Clarifications (if any).
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Hence, the outermost envelope/package will contain three sealed inner envelopes.
ii) By the partner holding the power of attorney in case of a firm in partnership (a certified copy
of the power attorney shall accompany the proposal).
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iii) By duly authorized person holding the power of attorney in case of a Private Ltd or Limited
company or Corporation (a certified copy of the power attorney shall accompany the
proposal) as authorized by their Board Of Directors/Appropriate Authority.
iv) By duly authorized person holding the power of attorney furnished on behalf of both
members of Joint Venture/Consortium, as the case be.
D 1.10 No responsibility will be accepted by the GMRC for the opening out of the envelopes due to
wrong/ bad/ deficient sealing or marking or other causes contrary to the aforesaid instructions.
(b) the Bidder does not respond promptly and thoroughly to requests for supplemental
information required for the evaluation of the proposal
D 1.12 Contractors are expected to examine all terms and instructions included in the document.
Failure to provide all requested information will be at contractor's own risk and may result in
rejection of proposal.
D3.1 Except where expressly permitted by these Instructions, the Tenderer shall not make or cause
to be made any alteration, erasure or obliteration to the text of the documents prepared by the
Employer and submitted by the Tenderer with or as part of his Tender.
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D3.2 No Tender shall be allowed to be modified by the Tenderer after the deadline for submission
of Tenders.
D3.4 Withdrawal of a Tender during the interval between the deadline for submission of bids and
the expiration of the period of bid validity specified in the Form of Tender shall result in the
forfeiture of the Tender Security.
E1 Tender Opening
E1.1 At 15.30 hrs (IST) on the last day of submission of tenders, the received tenders will be
checked for completeness of submission by the tenderers. Envelopes containing ‘Tender
Fees and Tender Security’ will be opened first in front of the tenderers who wish to be
present. The “Tender Security” will be checked for its acceptability viz. issuing bank, requisite
value, approved format and validity etc. In case submitted Tender Security is prima facie
acceptable, the Qualification cum Technical Package of the said tender will be opened. The
tenders not containing Tender Fees, Tender Security or containing invalid Tender Security or
containing Tender Security which is not as per the approved format will be rejected and the
Qualification cum Technical Package will not be opened at all. Tenders of those tenderers
who have not submitted valid ‘Tender Security’ and valid ‘Tender Fees’ shall be considered
as non-responsive and liable to be rejected summarily.
E1.2 The Qualification cum Technical Package of all tenderers who have submitted a valid tender
security and Tender Fees shall be opened in the presence of representatives of tenderers
who choose to attend on date & time as mentioned in tender document in the office of Sr.
DGM/Civil & Procurement, Gujarat Metrorail Corporation (GMRC) Limited, (SPV of Govt. of
Gujarat and Govt. of India), Block No.1, First Floor, Karmayogi Bhavan, Behind Nirman
Bhavan, Sector 10/A, Gandhinagar:-382010, Gujarat, India. The tenderers name, details of
the tender security and such other details as the Employer or his authorized representative, at
his discretion, may consider appropriate will be announced at the time of tender opening..
E1.3 The Financial Package(s) which tenderer(s) have uploaded online will be opened on a
subsequent date after evaluation of Qualification cum Technical Package. Financial packages
of only those tenderers whose submissions are found substantially responsive and technically
compliant as per clause E4 of ITT will be opened online. The time of opening of financial
package shall be informed to qualified tenderers through E-mail/ phone.
E2.1 Except the public opening of tenders, information relating to the examination, clarification,
evaluation and comparison of tenders and recommendations concerning the award of
Contract shall not be disclosed to tenderers or other persons not officially concerned with
such process.
E2.2 Any effort by a tenderer to influence the Employer/Engineer in the process of examination,
clarification, evaluation and comparison of tenders and in decisions concerning award of
contract, may result in the rejection of the tenderer’s tender.
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E3 Clarification of Tenders
To assist in the examination, evaluation and comparison of tenders, the Employer may, at his
discretion, ask any tenderer for clarification of his tender, including breakdown of unit rates.
The request for clarification and the response shall be in writing or by facsimile, but no
change in the price or substance of the tender shall be sought, offered or permitted except as
required to confirm the correction of arithmetic errors discovered by the Employer in the
evaluation of the tenders in accordance with paragraph E5.
E4 Evaluation of Tenders
Tender Security and Technical packages will first be evaluated which will cover following
items:-
E4.1 General Evaluation: First of all it will be determined whether each tender is accompanied
with the valid tender security i.e. the required amount and in an acceptable form. Tenders not
accompanied with the valid tender security shall be rejected and may not be evaluated
further. Other aspects of general evaluation will be done as per Clauses E4.2, A4.1, A4.2,
A4.3 and A5 of ITT.
E4.2 Evaluation of minimum eligibility criteria – This evaluation will be done in accordance with
QCBS mode (i.e. Quality Cost Based Selection) by taking weightage of technical proposal
70% and financial proposal 30%.
The criteria for technical evaluation in accordance with Clause 1.1.3.2 (ii) of NIT. The bidder
will required to score minimum 60% in each category as classified SN.A (Firms Credentials),
SN B (Team Composition and Expertise) and SN C (Quality of Bid) in NIT and 70% in total, in
order to qualify for the next stage of evaluation (i.e. financial evaluation).
The employer will determine whether each tender is substantially responsive to the
requirements of the Tender Documents i.e. it conforms to all terms, conditions and
specifications of the tender document. In case of any inconformity, the tender shall be
disqualified and rejected.
Each tender shall be evaluated for any material deviation or reservation. Material deviation or
reservation is one:
which contains any deviation in tender security with regards to amount, validity, form and
format.
which affects in any substantial way, the scope, quality or performance of the Works;
which limits in any substantial way, is inconsistent with the Tender Documents, the
Employer’s right or the Tenderer’s obligations under the Contract; or
whose rectification would affect unfairly the competitive position of other tenderers presenting
responsive tenders.
Tender having any material deviation or reservation shall be disqualified and rejected.
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seek to shift to the Employer, another Government Agency or another contractor all or part of
the risk and/or liability allocated to the contractor in the Tender Documents; or.
include a deviation from the Tender Documents which would render the Works, or any part
thereof, unfit for their intended purpose; or
fail to submit a workable methodology and programme to suit the local conditions; or
fail to commit to the date specified for the completion of the Works, will be deemed non-
conforming and shall be rejected.
E4.6.1 The Employer will evaluate the technical suitability and acceptability of the proposals as
per the employer’s requirements. The evaluation shall be based on the documents
submitted as per clause C-2.2 & C-2.3 and tender security as per clause C-18.1 & 18.2.
Tenderer(s) may be asked to make a presentation of their proposal to GMRC team for
evaluation if required.
E4.6.2 Where a tenderer’s technical submittal has major inadequacies his tender will be considered to
be non-compliant and will be rejected.
E4.7 Tenders not considered substantially responsive and not full-filling the requirements of the
tender document as evaluated as per item E4.1 to E4.6 shall be rejected by Employer and
shall not be allowed subsequently to be made responsive by correction or withdrawal of the
nonconforming deviation or reservation.
E4.8 If any tender is rejected, pursuant to paragraph E4.7 above, the Financial Package of such
tenderer shall not be opened.
E4.9 The decision of the Employer as to which of the tenders are not substantially responsive shall
be final.
E4.10 After the technical evaluation, the GMRC shall prepare a list of pre-qualified and shortlisted
Applicants in terms of Clause 1.1.3.2 of NIT for opening of their Financial Proposals. The
date, time and venue will be notified to all selected Applicants / consultant for announcing the
result of evaluation and opening of Financial Proposals. Before opening of the Financial
Proposals, the list of pre-qualified and shortlisted Applicants along with their Technical Score
will be read out. The opening of Financial Proposals shall be done in presence of respective
representatives of Applicants who choose to be present. The GMRC will not entertain any
query or clarification from Applicants who fail to qualify at any stage of the Selection Process.
The financial evaluation and final ranking of the Proposals shall be carried out in terms of
Clause 1.1.3.2, 1.1.3.3 of NIT. The technical and financial evaluation will be by taking
weightage of technical proposal 70% and financial proposal 30%.
E5.1.1 All technically acceptable tenders will be eligible for opening of their financial proposals. The
Employer shall notify all technically qualified Tenderers regarding opening of the financial
proposal, such tenderers may witness the financial opening.
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E5.1.2 The evaluation of Financial Proposals by the Employer will take into account, in addition to the
tender amounts, the following factors:
b. Such other factors of administrative nature as the Employer may consider to have
potentially significant impact on contract execution, price and payments, including the
effect of items or unit rates that are unbalanced or unrealistically priced.
E5.1.3 Offers, deviations and other factors, which are in excess of the requirements of the tender
documents or otherwise will result in the accrual of unsolicited benefits to the Employer, shall
not be taken into account in tender evaluation.
E5.1.4 Price adjustment provisions applicable during the period of execution of the contract shall not
be taken into account in tender evaluation.
E5.1.5 The criteria for financial evaluation in accordance with Clause 1.1.3.3 (A) of NIT . Any
alteration in BOQ will not be given any cognizance.
E5.2.1 Tenders determined to be technically acceptable after technical evaluation will be checked by
the Employer for any arithmetical errors in computation and summation during financial
evaluation. Errors will be corrected by the Employer as follows:
a. Where there is a discrepancy between amounts in figures and in words, the amount in
words will govern; and
b. Where there is a discrepancy between the unit price and the total amount derived from
the multiplication of the unit price and the quantity, the unit price as quoted will normally
govern unless in the opinion of the Employer there is an obviously gross misplacement
of the decimal point in the unit price, in which event, the total amount as quoted will
govern.
E5.2.2 If a Tenderer does not accept the correction of errors as outlined above, his tender will be
rejected and the tender security forfeited.
Tenders will be compared in Indian Rupees (INR) only. This will be achieved by converting
the Foreign Currency portion into Rupees at the selling Rate of Exchange at the close of
business of the State Bank of India on the day twenty eight days before the latest date of
Tender Submittal, and then adding the same to the Rupee portion of the Tender.
E5.4 If any change in the Employer’s Requirements is considered necessary during technical
evaluation, the tenderers who meet the requirements of paragraph A3 and A5, and whose
technical offers are found to be substantially responsive in accordance with paragraph E4, will
be given an opportunity to revise their financial package.
E5.5 For the purpose of comparative evaluation of tenders received, the sum total of following shall
be considered:-
The fixed Lump sum price quoted by the tenderer in financial Proposal as per Tender
provision.
The total value of above thus obtained shall be compared amongst various Tenderers.
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E5.6 If the first ranked tenderer in accordance with Clause no. 1.1.3.3 (B) of NIT, considering the
technical and financial score (i.e. QCBS Method -Quality and Cost Based Selection) has
given some minor deviations then the Employer has right to accept some or all such minor
deviation and the offer of the tenderer will be reduced by the price of such accepted
deviations.
E5.7 The Employer reserves the right to accept or reject any variation, deviation or alternative offer.
Variations, deviations, alternative offers and other factors which are in excess of the
requirements of the Tender Documents or otherwise result in the accrual of unsolicited
benefits to the Employer shall not be taken into account in tender evaluation.
E6 Indigenisation
E6.1 Tenderers are encouraged to involve domestic firms in the Contract organisation and design
processes.
F Award of Contract
F1 Award
F1.1 Subject to paragraph F2, the Employer will award the Contract to the Tenderer whose Tender
has been determined to be substantially responsive and compliant to the requirements
contained in the Tender Documents as per paragraph E4 and who has scored highest to their
combined technical and financial scores as specified in Clause 1.1.3.2 & 1.1.3.3 of NIT. The
first ranked Applicant shall be selected for award of contract (the "Selected Applicant /
Consultant").
F2 Employer's Right to Accept any Tender and to Reject any or all Tenders
F2.1 The Employer is not bound to accept the lowest / first ranked or any tender and may at any
time by notice in writing to the Tenderers terminate the tendering process.
F2.2 The Tenderer should note in particular that without prejudice to the Employer’s other rights
under the Contract and the Tender Security, the Employer may terminate the Contract under
Clause 4.2 of the GCC in the event that the Tender is accepted but the Tenderer fails to
supply the Performance Security or other specified documents or fails to execute the Contract
Agreement as per clause F4.
F3 Notification of Award
F3.1 Prior to the expiry of the period of tender validity prescribed by the Employer, the Employer
will notify the successful Tenderer by telegram or Tele-fax, to be confirmed in writing by
registered letter, that his tender has been accepted. This letter (hereinafter and in the
Conditions of Contract called ‘the Letter of Acceptance’) shall name the sum which the
Employer will pay to the Contractor in consideration of the execution, completion,
maintenance and guarantee of the works by the Contractor as prescribed by the Contract
(hereinafter and in the conditions of Contract called ‘the Contract Price’). The “Letter of
Acceptance” will be issued under signature of Managing Director of GMRC. The “Letter of
acceptance” will be sent in duplicate to the successful Tenderer, who will return one copy to
the Employer duly acknowledged and signed by the authorized signatory, within one week of
receipt of the same by him. No correspondence will be entertained by the Employer from the
unsuccessful Tenderers.
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F3.3 Upon “Letter of acceptance” being signed and returned by the successful Tenderer as per
Clause F3.1, the employer will promptly notify the unsuccessful Tenderers and discharge /
return their tender securities.
F4 Signing of Agreement
The Tenderer should note that in the event of acceptance of the Tender, the Tenderer will be
required to execute the Contract Agreement in the form specified in Special Conditions of
Contract with such modifications as may be considered necessary at the time of finalisation of
the contract with in a period of 30 days of submission of Performance Security or 60 days
from the date of issue of the Letter of Acceptance whichever is later.
F5 Performance Security
F5.1 The Performance Security required in accordance with Clause 3.2 of the GCC shall be for
10% of the Contract Price in the currency in which the Contract Price is payable. The
Performance Security shall be furnished to the Employer within 21 (twenty one) days of
receipt of the Letter of Acceptance.
The required Performance Security for the sum mentioned above may be submitted in any
one of the following forms:
(a) Bank draft in favour of “Gujarat Metro Rail Corporation (GMRC) Limited”, payable at
“Gandhinagar/ Ahmedabad” from an Indian Scheduled Commercial Bank (excluding co-
operative bank) based in India, or
(b) Fixed Deposit Receipt of a Scheduled Commercial Bank / Post Offices based in India
duly pledged in favour of “Gujarat Metro Rail Corporation (GMRC) Limited”, or
(c) Irrevocable bank guarantee in the prescribed format, given in Annexure-7 of Instruction to
Tenderers (ITT), issued by a Indian Scheduled Commercial Bank (excluding co-operative
bank) based in India or from a branch in India of a Scheduled foreign bank.
The Performance Guarantee should be valid for a period of one year from the date, the
commercial operation / inauguration of Metro Bhawan or five years from the date of issue of
LOA for this contract of DDC, whichever is earlier. The Bank Guarantee for Performance shall
be suitably extended at the Tenderer’s cost in order to meet the validity period as and when
required, notwithstanding that the Successful tenderer shall be required to have the
Guarantee valid up to five years from the date of issue of Letter of Acceptance in the first
instance at the time of submission after issue of Letter of Acceptance.
F5.2 The Tenderer has to furnish other Guarantees, Undertakings, and Warranties, in accordance
with the provisions of the General Conditions of Contract and Special Conditions of Contract.
F5.3 Failure of the successful Tenderer to comply with the requirements of paragraphs F4 and F5
shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender
Security.
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G Rejection of Tenders
G.1 GMRC may reject the tenders that are considered to be substantially non-responsive or non-
compliant to the requirements of the Proposal. Such matters may include:
Incorrect or Fraudulent Power of Attorney
Incorrect or Fraudulent “Tender Guarantee”
Tender Guarantee is "called-in" by GMRC
Qualifications requirements relating to the Proposal including criteria of Filter.
Deviations relating to the Scope of Work
Incomplete Technical Proposal
Major inadequacies in the technical offer.
Tenderer requires an increase in Tender Offer price during negotiations
Failure to sign the Contract Agreement
Failure to provide the Performance Guarantee
G.2 Successful tenderer will be advised of the result of their application. It should be noted
however, that GMRC will not discuss any aspect of the evaluation process, or the result of the
evaluation.
G.3 In the event of conflict between documents submitted by the tenderers, the material contained
in the original set only will prevail.
G.4 Tenderers will not be considered if they make misleading or false representations in
statements attachments submitted in proof of the qualification requirements.
G.5 Tenderers will not on their own provide additional information’s or materials subsequent to the
date of submission and such materials if submitted will be disregarded and GMRC will not
entertain any dispute or claim in this behalf. However GMRC reserves the right to seek
additional information/clarifications/documents or presentation as may be required for
assessing the capabilities of the tenderers & the tenderer is bound to furnish such information
and compliance.
G.6 GMRC will reject the proposal for award if it determines that the tenderer recommended for
award has engaged in corrupt or fraudulent practices in competing for the present contract.
Similarly GMRC will recognize a tenderer as ineligible for a period determined by GMRC if it
at any time determines that the tenderer has engaged in corrupt or fraudulent practices in
executing work covered in this tender.
G.7 GMRC is not bound to accept the lowest / first ranked or any tender and may at any time,
prior to award of the Contract, without thereby incurring any liability to the affected tenderer or
tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the
Employer’s/GMRC’s action, by notice in writing to the Tenderers, terminate the Tendering
Process.
H Litigation History
Details pertaining to litigation or arbitration history will be evaluated over a 10 year period (last
10 Calendar years ending 30.06.2023). The Tenderer shall provide accurate information on
the related Tender Form and in a separate statement furnishing numbers and details of such
litigation cases about any litigation or arbitration resulting from contracts completed or
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ongoing under its execution over the last ten (10) years. A consistent history of awards
against the Applicant or any member of a joint venture may result in failure of the Tender.
Maximum 15% of the contracts handled over a period of 10 years, rounded up to next whole
number, shall be acceptable for arbitral awards or court decisions against the Tenderer. As an
indicative example, for a Contractor handling/ handled fifty (50) contracts over the last ten
(10) years, should be acceptable to have maximum eight (8) number of arbitral awards or
court decisions against the Tenderer/Contractor. Litigation history details to be provided in
Appendix – 27 of FOT.
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Instructions to Tenderers
1 The Tenderer's attention is drawn to Clause 3 of the General Conditions of Contract in which
terms are defined.
2 The Tenderer's Technical Proposals shall comply or, subject to reasonable development, be
capable of complying with the Employer's Requirements in all respects. The Tenderer's Technical
Proposals shall demonstrate such compliance. The Tenderer's Technical Proposals shall
establish firmly the intended design the Specifications for the Permanent Works.
3. The Technical Proposal should cover in detail the following:
The general approach and methodology proposed for carrying out the services covered
in the Scope of Work, including such detailed information as deemed relevant. In
addition, the technical proposal shall contain:
A detailed overall work programme and a bar chart indicating the duration and timing of
assignment of each key staff or other staff member assigned to the project.
The technical proposal will be evaluated based on the capabilities /technical strength of
staff proposed to be deployed.
A task list of deliverables and delivery dates, and the person responsible for performing
the deliverable.
The name, background and professional experience of each key staff member to be
assigned to the project, with particular reference to his experience of a nature similar to
that of the proposed assignment. (The majority of the key staff shall be regular
members of the firm for at least six months and all members of Expertise team shall be
regular employees).
The details of the name, background and CV of any sub-contracted staff with their
consent letter who will be employed on the project.
The names and addresses of any firm who may be given sub-contracts with details of
their experience in the Ahmedabad / Gandhinagar or other areas.
The details of equipment and laboratory facilities with such subcontractors/ sub
consultants shall be provided.
Details of design facilities, together with their location.
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The above details should be submitted separately for Architecture, Structures and
Building Services. The offer should cover the entire Scope of Work, as laid out in
tender documents.
Upon his appointment, the DDC shall promptly commence setting up its exclusive organization to
the satisfaction of GMRC. All work for the project shall be performed at Gandhinagar.
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Instructions to Tenderers
1) The Tender Programme shall show how the Tenderer proposes to organise and carry out the
Works and to achieve Stages and complete the whole of the Works by the given Key Dates.
2) The Tender Programme or Programmes shall be developed as a critical path network using
suitable software. The network must be fully resourced and show the co-ordination with System
wide Designs and Contracts. The Works Programme shall show achievement of all Key Dates
and Works Area Access Dates.
3) The Tender Programme shall include of the Tenderer's Design Submission Programme and
should indicate, wherever possible, dates and periods relating to interfaces with and between
others including dates for submission of further documents required by the Contract and periods
for their acceptance.
4) The Tender Programme shall contain sufficient detail to assure the Employer of the feasibility of
the plan and approach proposed by the Tenderer.
5) The Tenderer should have regard to the possibility, as referred to in paragraph C8 of the
Instructions to Tenderers that during the tender evaluation period the Tender Programme may be
developed into a Programme which, in the event of award, would be the initial submission of the
Works Programme.
6) The Tender Programme shall be accompanied by a narrative statement that shall describe
Programme activities, assumptions and logic, and highlight the Tenderer's perception of the major
constraints and critical areas of concern in the organisation, construction and completion of the
Works.
7) The Tenderer shall prepare logic diagrams providing the philosophy for shared access, shared
areas with co-incident and adjacent work areas and submitted as part of his Tender. These logic
diagrams shall be developed and submitted along with the Works Programmes as submitted
during the course of the Works.
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Instructions to Tenderers
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Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
Instructions to Tenderers
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Instructions to Tenderers
Annexure-5
NOT USED
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Instructions to Tenderers
(To be stamped in accordance with relevant Stamp Act, if any, of the country of issuing
bank)
B.G. No. Dated:................
1 In consideration of you, Gujarat Metro Rail Corporation (GMRC) Limited, a company
incorporated under the Companies Act, 1956 and having its registered office at Block
No.1, First Floor, Karmayogi Bhavan, Behind Nirman Bhavan, Sector 10/A, Gandhinagar:
382010, Gujarat, India (hereinafter referred to as the “Employer”, which expression shall
unless it be repugnant to the subject or context thereof include its, successors and assigns)
having agreed to receive the Tender of …………………… (a company registered under the
Companies Act, 1956) and having its registered office at ……………………… (and acting
on behalf of its Consortium, wherever applicable) (hereinafter referred to as the
“Tenderer” which expression shall unless it be repugnant to the subject or context thereof
include its/ their executors, administrators, successors and assigns), for “Engagement of
Detailed Design Consultancy Services for Construction of METRO Bhawan (Headquarter of
GMRCL) at Indroda Depot, Gandhinagar for Gujarat Metro Rail Corporation Limited ”
[hereinafter referred to as “the Works”] pursuant to the Tender No: GMRC/DDC/METRO
BHAWAN/AHMEDABAD/2023, dated ______ issued in respect of the Works and other
related documents including without limitation the draft Contract Agreement (hereinafter
collectively referred to as “Tender Documents”), we----------------------------------------------------------
---------(Name of the Bank) having our registered office at ___________and one of its
branches at (hereinafter referred to as the “Bank”), at the request of the Tenderer, do,
hereby, in terms of Clause C.18 of ‘Instructions to Tenderers’, irrevocably, unconditionally and
without reservation guarantee the due and faithful fulfilment and compliance of the terms and
conditions of the Tender Documents by the said Tenderer and unconditionally and irrevocably
undertake to pay forthwith to the Employer an amount of INR. ***** ( Indian Rupees *****
only) (hereinafter referred to as the “Tender Security”) as our primary obligation without any
demur, reservation, recourse, contest or protest and without reference to the Tenderer if the
Tenderer shall fail to fulfil or comply with all or any of the terms and conditions contained in the
said Tender Documents.
2 Any such written demand made by the Employer stating that the Tenderer is in default of the
due and faithful fulfilment and compliance with the terms and conditions contained in the
Tender 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 Tender Guarantee without any demur, reservation, recourse, contest or protest
and without any reference to the Tenderer or any other person and irrespective of whether
the claim of the Employer is disputed by the Tenderer or not, merely on the first demand
from the Employer stating that the amount claimed is due to the Employer by reason of
failure of the Tenderer to fulfil and comply with the terms and conditions contained in the
Tender Documents including failure of the said Tenderer to keep its Tender open during the
Tender validity period as set forth in the said Tender Documents for any reason whatsoever.
Any such demand made on the Bank shall be conclusive as regards amount due and
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payable by the Bank under this Guarantee. However, our liability under this Guarantee shall
be restricted to an amount not exceeding INR. ***** ( Indian Rupees ***** only).
3. That this Guarantee commences from the date hereof and shall be irrevocable and remain in
force till:___________ and it should be payable to either Gandhinagar / Ahmedabad branch
office of particular bank.
a. The Tenderer, in case its Tender is accepted by the Employer, executes a formal agreement
after furnishing the Performance Guarantee from a Scheduled Commercial Indian Bank
based in India (excluding Cooperative Banks) or from a scheduled Foreign Bank as defined
in Section 2(e) of RBI Act 1934 read with Second Schedule.
b. Sixty days after the date of validity or the extended date of validity of the Tender, as the case
maybe
4 We, the Bank, further agree that the Employer shall be the sole judge to decide as to whether
the Tenderer is in default of due and faithful fulfilment and compliance with the terms and
conditions contained in the Tender Documents including, inter alia, the failure of the Tenderer
to keep its Tender open during the Tender validity period set forth in the said Tender
Documents, and the decision of the Employer that the Tenderer is in default as aforesaid
shall be final and binding on us, notwithstanding any differences between the Employer and
the Tenderer or any dispute pending before any Court, Tribunal, Arbitrator or any other
Employer.
5 The Tender Security shall not be affected by any change in the constitution or winding up of
the Tenderer or the Bank or any absorption, merger or amalgamation of the Tenderer or the
Bank with any other person.
7 In order to give full effect to this Guarantee, the Employer shall be entitled to treat the Bank
as the principal debtor. The Employer 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 Tender Documents or to extend time for submission of
the Tenders or the Tender validity period or the period for conveying acceptance of Letter of
Acceptance by the Tenderer or the period for fulfilment and compliance with all or any of the
terms and conditions contained in the said Tender Documents by the said Tenderer or to
postpone for any time and from time to time any of the powers exercisable by it against the
said Tenderer and either to enforce or forbear from enforcing any of the terms and conditions
contained in the said Tender Documents or the securities available to the Employer, and the
Bank shall not be released from its liability under these presents by any exercise by the
Employer of the liberty with reference to the matters aforesaid or by reason of time being
given to the said Tenderer or any other forbearance, act or omission on the part of the
Employer or any indulgence by the Employer to the said Tenderer or by any change in the
constitution of the Employer 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 authorised to receive the said notice of claim.
10 It shall not be necessary for the Employer to proceed against the said Tenderer before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the Employer may have obtained
from the said Tenderer or any other person and which shall, at the time when proceedings
are taken against the Bank hereunder, be outstanding or unrealised.
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11 We, the Bank, further undertake not to revoke this Guarantee during its currency except with
the previous express consent of the Employer in writing.
12 The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorised and has full power to
execute this Guarantee for and on behalf of the Bank.
13 For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to
INR. *** ------- ( Indian Rupees ***** ---- only). The Bank shall be liable to pay the said
amount or any part thereof only if the Employer serves a written claim on the Bank in
accordance with paragraph 9 hereof, on or before [*** (indicate date falling 60 days after the
Tender Validity Date)].
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We also undertake that in the event of encashment / forfeiture of Tender Security by the Employer in
terms of tender provisions, none of the constituent members of
_____________________________________(Legal Name of JV/Consortium) will have any objection
for the same.
Note :
1. The undertaking is to be submitted in case the tender security (in form of FDR / Bank
Guarantee) is submitted in the name of JV/ Consortium Members.
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Instructions to Tenderers
WHEREAS __________ (Name and address of the Contractor) (hereinafter called “the Contractor”)
has undertaken, in pursuance of LOA No.: _________________________________ for “Engagement
of Detailed Design Consultancy Services for Construction of METRO Bhawan (Headquarter of
GMRCL) at Indroda Depot, Gandhinagar for Gujarat Metro Rail Corporation Limited ”, hereinafter
referred as “DDC Services for Construction of METRO Bhawan, Gandhinagar” (hereinafter called “the
Contract”)
AND WHEREAS it has been stipulated by the Employer in the said Contract that the Contractor shall
furnish the Employer with a Bank Guarantee from an Indian Scheduled Bank (excluding Cooperative
Banks) or from a scheduled Foreign Bank as defined in Section 2(e) of RBI Act 1934 read with
Second Schedule for the sum specified herein as security its due and faithful performance of its
obligations in accordance with the Contract.
AND WHEREAS we ________ [Insert name and address of Bank] having registered office at
______________ and having the branch at _________________________(herein after referred to as
the “Bank”), which expression shall unless repugnant to the context of the meaning thereof, include its
successors, administrators, executors and assigns do hereby agree to give the Contractor such a
Bank Guarantee.
NOW THEREFORE
1. We hereby affirm that we are the Guarantor and responsible to the Employer, on behalf of the
Contractor up to a total of INR _______________/- (Indian Rupees
____________________________ Only), such sum being payable in the types and proportion of
currencies in which the Contract Price is payable and we hereby unconditionally, irrevocably and
without demur undertake to immediately pay at Gandhinagar / Ahmadabad Branch to the
Employer, upon its first written demand and without cavil or argument any sum or sums within
the limits of INR _____________/- (Indian Rupees
_______________________________________) as aforesaid without the Employer needing to
prove or to show grounds or reasons for its demand for the sum specified therein.
2. The Employer shall have full rights whatsoever to encash this Bank Guarantee at any time
during the validity of the guarantee and the Contractor shall have no right or claim whatsoever in
the matter of encashment of the Bank Guarantee amount by the Employer and any disputes /
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claim whatsoever in this regard shall only be settled by means of arbitration as provided for in
the Contract and the Employer’s decision as to what amount is due to the Employer from the
Bank against the guarantee and as to Contractor has committed breach of contract or not, shall
be final and binding on the guarantor-Bank and the Contractor shall have no right to interfere
with the same and the Bank shall have full rights in terms of the guarantee to make immediate
payments against the Bank Guarantee to the Employer without the consent of the Contractor
and without referring the matter to the Contractor.
3. The Bank further agrees that the Employer shall be the sole judge as to whether the Contractor
is in default in due and faithful performance of its obligations during the Contract Period under
the Contract and its decision that the Contractor is in default shall be final, and binding on the
Bank, notwithstanding any differences between the Employer and the Contractor, or any dispute
between them pending before any court, tribunal, arbitrators or any other authority or body, or by
the discharge of the Contractor for any reason whatsoever.
4. In order to give effect to this Guarantee, the Employer shall be entitled to act as if the Bank were
the principal debtor and any change in the constitution of the Contractor and/or the Bank,
whether by way their absorption with any other body or corporation or otherwise, shall not in any
way or manner affect the liability or obligation of the Bank under this Guarantee.
5. It shall not be necessary, and the Bank hereby waives any necessity, for the Employer to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.
6. The Employer shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Contract or to extend
the time or period for the compliance with, fulfilment and/or performance of all or any of the
obligations of the Contractor contained in the Contract or to postpone for any time, and from time
to time, any of the rights and powers exercisable by the Employer against the Contractor and
either to enforce or forbear from enforcing any of the terms and conditions contained in the
Contract and/or the securities available to the Employer, and the Bank shall not be released from
its liability and obligations under these presents by any exercise by the Employer of the liberty
with reference to matters aforesaid or by reason of time being given to the Contractor or any
other forbearance, indulgence, act or omission on the part of the Employer or of any other matter
or thing whatsoever which under any law relating to the sureties and guarantors would but for
this provision have the effect of releasing the Bank from its liability and obligations under this
Guarantee and the Bank hereby waives all of its rights under any such law.
7. This Guarantee is in addition to and not in substitution of any other guarantee or security now or
which may hereafter be held by the Employer in respect of or relating to the Contract or for the
fulfilment, compliance and/or performance of all or any of the obligations of the Contractor under
the Contract.
8. Courts at Ahmedabad/Gandhinagar, Gujarat, India shall have exclusive jurisdiction for contesting
legal cases arising out of encashment of the Guarantee.
9. The Performance Security should be valid up to 06 months after “the date of completion of work”.
The employer will issue the certificate of completion of work. Further, if the date of
commissioning / completion is extended, for whatsoever reason, the Bank Guarantee for
Performance shall be suitably extended at the Tenderer’s cost in order to meet the validity period
as and when required. The pendency of any dispute or arbitration or other proceedings shall not
affect this Guarantee in any manner.
10. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of the Employer in writing and declares and warrants that it has the power to
issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.
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11. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to
the Bank at its above referred branch, which shall be deemed to have been duly authorized to
receive such notice and to effect payment thereof forthwith, and if sent by post it shall be
deemed to have been given at the time when it ought to have been delivered in due course of
post and in proving such notice, when given by post, it shall be sufficient to prove that the
envelope containing the notice was posted and a certificate signed by an officer of the Employer
that the envelope was so posted shall be conclusive.
12. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to INR
_____________________ (Indian Rupees ***** only). The Bank shall be liable to pay at either
Gandhinagar or Ahmedabad Branch (mention complete Brach Address of Bank in Gandhinagar /
Ahmedabad where guarantee will be payable) the said amount or any part thereof only if the
Employer serves a written claim on the Bank in accordance with paragraph 9 hereof, on or
before [(indicate date)]
The guarantee is issued by Mr./Ms. ____________ who is/are authorised by the Bank.
SIGNATURE AND SEAL OF THE GUARANTOR ______________________
NAME OF BANK -----------------------------------------
ADDRESS --------------------------------------------------
DATE -------------------------------------------------------
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Instruction to Tenderers
To,
Sector – 10A,
Gandhinagar – 382016
This FDR has been issued on the request of M/s...............................(Name of the Consultant) under
the Contract No........................ This FDR shall be encashed/redeemed without any consent / letter
from the contractor M/s..............................(Name of the Consultant) on the demand by Gujarat Metro
Rail Corporation Limited.
The Consultant cannot encash / premature above FDR unless above original FDR is accompanied by
the discharge letter/NOC/approval of GMRC.
Signature……………………………..
Name: ………………………………..
Designation: …………………………
Stamp of Bank……………………….
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Instruction to Tenderers
BANK CERTIFICATE
This is to certify that M/s .................................................... is a reputed company with a good financial
standing.
___Sd.___
Name of Bank:__________
This is to certify that M/s .................................................... who has formed a JV with M/s
.................................................... and M/s .................................................... for participating in this
bid, is a reputed company with a good financial standing.
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Instruction to Tenderers
Annexure-9
Power of Attorney
Power of Attorney to be provided by each of the Members of the Consortium (other than the
Lead Member) in favour of the Lead Member
WHEREAS Gujarat Metro Rail Corporation (GMRC) Limited, (the Company) has issued the Tender
Documents for inviting Tenders for “Engagement of Detailed Design Consultancy Services for
Construction of METRO Bhawan (Headquarter of GMRCL) at Indroda Depot, Gandhinagar for Gujarat
Metro Rail Corporation Limited ”
AND WHEREAS .......…... and ……………….. (Insert names of all Members of Consortium) the
Members of the Consortium are desirous of submitting a Tender in response to the Tender
Documents, and if selected, undertaking the responsibility of “Engagement of Detailed Design
Consultancy Services for Construction of METRO Bhawan (Headquarter of GMRCL) at Indroda
Depot, Gandhinagar for Gujarat Metro Rail Corporation Limited ” as per terms of the Tender
Documents.
AND WHEREAS all the Members of the Consortium have agreed under the Consortium
Agreement dated …………..entered into between all the Members and submitted along with the
Tender to appoint ……….. (Insert the name and address of the Lead Member) as Lead
Member to represent all the Members of the Consortium for all matters regarding the Tender
Documents and the Tender;
AND WHEREAS pursuant to the terms of the Tender Documents and the Consortium Agreement,
we, the Members of the Consortium hereby designate M/s ………….. (Insert name of the Lead
Member) as the Lead Member to represent us in all matters regarding the Tender and the Tender
Documents, in the manner stated below:-
We, as Members of the Consortium, hereby agree to ratify all acts, deeds and things done by our
said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our
aforesaid attorney shall be binding on us and shall always be deemed to have been done by us.
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All the terms used herein but not defined shall have the meaning ascribed to such terms in the
Tender Documents.
Accepted
……………………………… ..........................................
Full Signature of Attorney Initial Signature of Attorney
(Name, designation and address of the Attorney)
Attested
…………………………………..
(Signature of the executant)
(Name, designation and address of the executant)
…………………………………….
Signature and stamp of Notary of the place of execution
Common seal of ……………… has been affixed in my/our presence pursuant to Board of Director’s
Resolution dated
WITNESS:
1.
……………………………………
…………. (Signature)
Name
………………………………….
Designation...........………………….
2.
………………………………………
………. (Signature)
Name
………………………………….
Designation...........…………………..
Notes:
1) 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 the
same should be under common seal of the executant affixed in accordance with the applicable
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procedure. Further, the person whose signatures are to be provided on the power of attorney
shall be duly authorized by the executant(s) in this regard.
2) In the event, power of attorney has been executed outside India, the same needs to be
notarized by a notary in the home country of company executing this power of attorney and
legalized by the Indian Embassy there. However, in case such company is from a country,
which has signed The Hague Legislation Convention 1961, then the said power of attorney is
not required to be legalized by the Indian Embassy if it carries a conforming Apostille certificate.
3) Also, wherever required, the executant(s) should submit for verification the extract of the
chartered documents and documents such as a Board resolution / power of attorney, in favour of
the person executing this power of attorney for delegation of power hereunder on behalf of the
executant(s).
.
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Instruction to Tenderers
Annexure-10
Power of Attorney and Board resolution
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution. Foreign companies submitting Tenders are required to follow the applicable law in their
country)
Power of Attorney to be provided by the Tenderer Company/ Lead Member in favor of its
representative as evidence of authorized signatory’s authority.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall be
binding on us and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms
under the Tender Documents.
Accepted
……………………………… .......................................
Full Signature of Attorney Initial Signature of Attorney
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Attested
…………………………………
(Signature of the executant)
(Name, designation and address of the executant)
……………………………………
Signature and stamp of Notary of the place of execution
Common seal of ……………… has been affixed in my/our presence pursuant to Board of
Director’s Resolution dated……
WITNESS
1. ………………. (Signature)
Name
…………………………
Designation...........……
……………..
2. ………………. (Signature)
Name
…………………………
Designation..............
Notes:
1) 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 the same should be under common seal of the executant affixed in
accordance with the applicable procedure. Further, the person whose signatures are to be
provided on the power of attorney shall be duly authorized by the executant(s) in this regard.
2) In the event, power of attorney has been executed outside India, the same
needs to be duly notarized by a notary public of the jurisdiction where it is executed.
3) Also, wherever required, the executant(s) should submit for verification the extract of the
charter documents and documents such as a board resolution / power of attorney, in favour of
the person executing this power of attorney for delegation of power hereunder on behalf of the
executant(s)
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Instruction to Tenderers
Annexure-11
Format for PoA for Other Member(s)
POWER OF ATTORNEY
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution. Foreign companies submitting Tenders are required to follow the applicable law in their
country)
Power of Attorney to be provided by each Member other than the Lead Member in favor of its
representative as evidence of authorized signatory’s authority. (applicable to consortium only)
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall be
binding on us and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms under the
Tender Documents.
Accepted
……………………………… ..............................................
Full Signature of Attorney Initial Signature of Attorney
(Name, designation and address of the Attorney)
Attested
…………………………………
(Signature of the executant)
(Name, designation and address of the executant)
…………………
Signature and stamp of Notary of the place of execution
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Common seal of ……………… has been affixed in my/our presence pursuant to Board of Director’s
Resolution dated…….......
WITNESS
1.
…………………………
…………………….
(Signature)
Name
………………………….
Designation...........……
2.
…………………………
…………………….
(Signature)
Name
…………………………
Designation...........……
Notes:
1) 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 the same should be under common seal of the executant affixed in
accordance with the applicable procedure. Further, the person whose signatures are to be
provided on the power of attorney shall be duly authorized by the executant(s) in this
regard.
2) In the event, power of attorney has been executed outside India, the same needs to be
duly notarized by a notary public of the jurisdiction where it is executed.
3) Also, wherever required, the executant(s) should submit for verification the extract of the
charter documents and documents such as a board resolution / power of attorney, in favour
of the person executing this power of attorney for delegation of power hereunder on behalf
of the executant(s).
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Instruction to Tenderers
Annexure-12
(A) Format for the Board resolution to be passed by a Tenderer (not applicable in case
of consortium)
The Board, after discussion, at the duly convened Meeting on ………… (Insert date), with the
consent of all the Directors present and in compliance of the provisions of the Companies Act, 1956,
passed the following Resolution:
RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956 and as
permitted under the Memorandum and Articles of Association of the Company, approval of the
Board be and is hereby accorded to submit a Tender in response to the Tender Documents dated
issued by Gujarat Metro Rail Corporation (GMRC) Limited, (A Joint Venture of Govt. of
Gujarat and Govt. of India) Block No.1, First Floor, Karmayogi Bhavan, Behind Nirman Bhavan,
Sector 10/A, Gandhinagar: 382010, Gujarat, India for “Engagement of Detailed Design
Consultancy Services for Construction of METRO Bhawan (Headquarter of GMRCL) at Indroda
Depot, Gandhinagar for Gujarat Metro Rail Corporation Limited ” .
FURTHER RESOLVED THAT Mr./Ms………………., (insert the name and designation of the
concerned official of the Company) be and is hereby authorized to take all the steps required to be
taken by the Company for submission of the aforesaid Tender, including in particular, signing the
Tender, making changes thereto and submitting amended Tender, signing and executing all the
documents related to the Tender, certified copy of this Board resolution or letter or undertakings, etc.,
required to be submitted to GMRC as part of the Tender or such other documents as may be
necessary in this regard and to do in our name and our behalf all or any of the acts, deeds or things
necessary or incidental to submission of our said Tender including signing and executing the
Contract Documents, making representations to GMRC or any other authority, and providing
information / responses to GMRC, representing us in all matters before GMRC, and generally
dealing with GMRC in all matters in connection with our Tender till the completion of the tendering
process as per the terms of the above said Tender Documents and further till the Contract is
entered into with GMRC and thereafter till the expiry of the Contract.
FURTHER RESOLVED THAT a power of attorney as per the draft attached to the Tender
Documents be issued in favour of the above named person, , to be executed by
Mr. or Mr. , Directors of the Company under the Common seal of the
Company, affixation thereof to be witnessed by one or both of the above named Directors and by
Mr. , (insert the name and designation of the concerned official of the Company) or as
per the Memorandum and Articles of Association of the Company.
1. This certified true copy should be submitted on the letterhead of the Company, signed by the
Company Secretary / Managing Director/ Director of the Tenderer.
2. The contents of the format may be suitably re-worded indicating the identity of the entity
passing the resolution.
3. In the event the Board resolution is from a company incorporated outside India, the same needs
to be notarized by a notary in the home country of company passing the resolution and
legalized by the Indian Embassy there. However, in case such company is from a country
which has signed The Hague Legislation Convention 1961, then the Board Resolution is not
required to be legalized by the Indian Embassy if it carries a conforming Apostille certificate.
4. This format may be modified only to the limited extent required to comply with the local
regulations and laws applicable to a foreign entity submitting this resolution. For example,
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reference to Companies Act 1956 may be suitably modified to refer to the law applicable to the
entity submitting the resolution. However, in such case, the foreign entity shall submit an
unqualified opinion issued by the legal counsel of such foreign entity, stating that the Board
resolutions are in compliance with the applicable laws of the respective jurisdictions of the
issuing company and the authorizations granted therein are true and valid.
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Instruction to Tenderers
Annexure-13
(B) Format for the Board resolution to be passed by Lead Member of Consortium (applicable
in case the Tenderer is a consortium)
The Board, after discussion, at the duly convened Meeting on ………… (Insert date), with the
consent of all the Directors present and in compliance of the provisions of the Companies Act, 1956,
passed the following Resolution:
RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956 and as
permitted under the Memorandum and Articles of Association of the Company, approval of the
Board be and is hereby accorded to submit a Tender in response to the Tender Documents dated
issued by Gujarat Metro Rail Corporation (GMRC) Limited, (A Joint Venture of Govt. of
Gujarat and Govt. of India)
Block No.1, First Floor, Karmayogi Bhavan, Behind Nirman Bhavan, Sector 10/A, Gandhinagar:
382010, Gujarat, India for “Engagement of Detailed Design Consultancy Services for
Construction of METRO Bhawan (Headquarter of GMRCL) at Indroda Depot, Gandhinagar for
Gujarat Metro Rail Corporation Limited” in consortium with (insert the name
and address of the other consortium members).
FURTHER RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956
and as permitted under the Memorandum and Articles of Association of the Company, approval of
the Board be and is hereby accorded to execute a Consortium Agreement as per the format
annexed to the aforesaid Tender Documents with (insert the name and address of
the other consortium members).
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to the Company to
accept and act as the Lead Member of the aforesaid Consortium and also as true and lawful
attorney to do in the name and on behalf of the Consortium, all such acts, deeds and things
necessary in connection with or incidental to submission of Consortium’s Tender in response to the
Tender Documents dated issued by GMRC for “Engagement of Detailed Design
Consultancy Services for Construction of METRO Bhawan (Headquarter of GMRCL) at Indroda
Depot, Gandhinagar for Gujarat Metro Rail Corporation Limited” including signing and
submission of the Tender and all documents related to the Tender as specified in the Tender
Documents, including but not limited to undertakings, letters, certificates, acceptances,
clarifications, guarantees or any other document, which GMRC may require us to submit and
carrying out the Contract and doing all necessary deeds and things as may be required in respect of
the above and also for making representations to GMRC and providing information / responses to
GMRC, representing the Consortium in all matters before GMRC, and generally dealing with
GMRC and/or any other authority in all matters in connection with Consortium’s Tender, till
completion of the tendering process in accordance with the Tender Documents and further till the
Contract is entered into with GMRC and thereafter till the expiry of the Contract.
FURTHER RESOLVED THAT the Company acting in the capacity of the Lead Member is jointly and
severally responsible and liable to GMRC and in case of failure of any member/s, the Lead Member
will take over and complete the task of failing member with full responsibility and liability towards the
tender/contract on behalf of the aforesaid Consortium.
FURTHER RESOLVED THAT Mr./Ms………………., (insert the name and designation of the
concerned official of the Company) be and is hereby authorized to take all the steps required to be
taken by the Company for submission of the Consortium’s Tender, including in particular, signing
the Tender, making changes thereto and submitting amended Tender, signing and executing all the
documents related to the Tender, certified copy of this Board resolution or letter or undertakings,
etc., required to be submitted to GMRC as part of the Tender or such other documents as may be
necessary in this regard and to do in the name and on behalf the Consortium all or any of the acts,
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deeds or things necessary or incidental to submission of said Tender including signing and executing
the Contract Documents, making representations to GMRC or any other authority, and providing
information/ responses to GMRC, representing the Consortium in all matters before GMRC, and
generally dealing with GMRC in all matters in connection with our Tender till the completion of the
tendering process as per the terms of the above said Tender Documents and further till the
Contract is entered into with the Company and thereafter till the expiry of the Contract.
FURTHER RESOLVED THAT a power of attorney as per the draft attached to the Tender
Documents be issued in favour of the above named person, , to be executed by
Mr. or Mr. _, Directors of the Company under the Common seal of the
Company, affixation thereof to be witnessed by one or both of the above named Directors and by
Mr. , (insert the name and designation of the concerned official of the Company) or as
per the Memorandum and Articles of Association of the Company.
Notes:
1. This certified true copy should be submitted on the letterhead of the Company, signed by
the Company Secretary/ Managing Director/ Director of the Tenderer.
2. The contents of the format may be suitably re-worded indicating the identity of the entity
passing the resolution.
3. In the event the Board resolution is from a company incorporated outside India, the same
needs to be notarized by a notary in the home country of company passing the resolution
and legalized by the Indian Embassy there. However, in case such company is from a
country which has signed The Hague Legislation Convention 1961, then the Board
Resolution is not required to be legalized by the Indian Embassy if it carries a conforming
Apostille certificate.
4. This format may be modified only to the limited extent required to comply with the local
regulations and laws applicable to a foreign entity submitting this resolution. For example,
reference to Companies Act 1956 may be suitably modified to refer to the law applicable to
the entity submitting the resolution. However, in such case, the foreign entity shall submit
an unqualified opinion issued by the legal counsel of such foreign entity, stating that the
Board resolutions are in compliance with the applicable laws of the respective jurisdictions
of the issuing company and the authorizations granted therein are true and valid.
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Instruction to Tenderers
Annexure-14
(C) Format for the Board resolution to be passed by a Member other than the Lead Member
of Consortium (applicable in case the Tenderer is a consortium)
The Board, after discussion, at the duly convened Meeting on ………… (Insert date), with the
consent of all the Directors present and in compliance of the provisions of the Companies Act, 1956,
passed the following Resolution:
RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956 and as
permitted under the Memorandum and Articles of Association of the Company, approval of the
Board be and is hereby accorded to submit a Tender in response to the Tender Documents dated
issued by Gujarat Metro Rail Corporation (GMRC) Limited
Ltd., (A Joint Venture of Govt. of Gujarat and Govt. of India), Block No.1, First Floor, Karmayogi
Bhavan, Behind Nirman Bhavan, Sector 10/A, Gandhinagar: 382010, Gujarat, India for
“Engagement of Detailed Design Consultancy Services for Construction of METRO Bhawan
(Headquarter of GMRCL) at Indroda Depot, Gandhinagar for Gujarat Metro Rail Corporation
Limited” in consortium with (insert the name and address of the other consortium members).
FURTHER RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956
and as permitted under the Memorandum and Articles of Association of the Company, approval of
the Board be and is hereby accorded to execute a Consortium Agreement as per the format
annexed to the aforesaid Tender Documents with (insert the name and address of the other
consortium members).
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to constitute,
appoint and authorize (name and registered office address of the Lead
Member), which is one of the Members of the Consortium, to act as the Lead Member of the
aforesaid Consortium and also as true and lawful attorney, to do in the name and on behalf of the
Consortium, all such acts, deeds and things necessary in connection with or incidental to submission
of Consortium’s Tender in response to the Tender Documents dated issued by GMRC for
“Engagement of Detailed Design Consultancy Services for Construction of METRO Bhawan
(Headquarter of GMRCL) at Indroda Depot, Gandhinagar for Gujarat Metro Rail Corporation
Limited” including signing and submission of the Tender and all documents related to the Tender
as specified in the Tender Documents, including but not limited to undertakings, letters,
certificates, acceptances, clarifications, guarantees or any other document, which GMRC may
require us to submit and carrying out the Contract and doing all necessary deeds and things as may
be required in respect of the above and also for making representations to GMRC and providing
information/ responses to GMRC, representing the Consortium in all matters before GMRC, and
generally dealing with GMRC and/or any other authority in all matters in connection with our
Tender, till completion of the tendering process in accordance with the Tender Documents and
further till the Contract is entered into with GMRC and thereafter till the expiry of the Contract.
FURTHER RESOLVED THAT a power of attorney as per the draft attached to the Tender
Documents be issued in favour of the above said Lead Member, , to be executed by
Mr. or Mr. , Directors of the Company under the Common seal of the
Company, affixation thereof to be witnessed by one or both of the above named Directors and by
Mr. , (insert the name and designation of the concerned official of the Company) or as
per the Memorandum and Articles of Association of the Company.
FURTHER RESOLVED THAT a power of attorney as per the draft attached to the Tender
Documents be issued in favour of Mr./Ms………………., (insert the name and designation of the
concerned official of the Company) to be executed by Mr. or Mr. ______ _ _ ,
Directors of the Company under the Common seal of the Company, affixation thereof to be
witnessed by one or both of the above named Directors and by Mr. , (insert the
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name and designation of the concerned official of the Company) or as per the Memorandum and
Articles of Association of the Company.
FURTHER RESOLVED THAT Mr./Ms………………., (insert the name and designation of the
concerned official of the Company) be and is hereby authorized to take all the steps required to be
taken by the Company for submission of the aforesaid Tender, including in particular, signing and
executing all the documents related to the Tender, certified copy of this Board resolution or letter or
undertakings, etc., required to be submitted to GMRC as part of the Tender or such other
documents as may be necessary in this regard and to do in our name and our behalf all or any of
the acts, deeds or things necessary or incidental to give effect to this resolution.
Notes:
1. This certified true copy should be submitted on the letterhead of the Company, signed by the
Company Secretary/ Managing Director/Director of the Tenderer.
2. The contents of the format may be suitably re-worded indicating the identity of the entity
passing the resolution.
3. In the event the Board resolution is from a company incorporated outside India, the same needs
to be notarized by a notary in the home country of company passing the resolution and legalized
by the Indian Embassy there. However, in case such company is from a country which has
signed The Hague Legislation Convention 1961, then the Board Resolution is not required to be
legalized by the Indian Embassy if it carries a conforming Apostille certificate.
4. This format may be modified only to the limited extent required to comply with the local
regulations and laws applicable to a foreign entity submitting this resolution. For example,
reference to Companies Act 1956 may be suitably modified to refer to the law applicable to the
entity submitting the resolution. However, in such case, the foreign entity shall submit an
unqualified opinion issued by the legal counsel of such foreign entity, stating that the Board
resolutions are in compliance with the applicable laws of the respective jurisdictions of the
issuing company and the authorizations granted therein are true and valid.
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Instruction to Tenderers
Annexure-15
Name of Tender :
Tender No
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution, duly signed on each page. Foreign entities submitting the Tender are required to follow
the applicable law in their country)
(The Tendering consortium should list the name, address of its registered office and other details of
all the consortium / Joint Venture Members)
for the purpose of submitting the Tender in response to the Tender Documents and in the event of
selection as Successful Tenderer to execute the Contract Agreement and/or other requisite
documents, and to carry out the “Engagement of Detailed Design Consultancy Services for
Construction of METRO Bhawan (Headquarter of GMRCL) at Indroda Depot, Gandhinagar for
Gujarat Metro Rail Corporation Limited ” to be awarded by Gujarat Metro Rail Corporation
(GMRC) Limited (hereinafter referred as “GMRC” or “the Company”).
Party 1, Party 2, and Party 3 are hereinafter collectively referred to as the “Parties” and individually
as a “Party”.
AND WHEREAS the Parties come together to form the Consortium/ Joint Venture of
[.................................] (insert the names of all the Members) to meet the requirements
of Tender Document dated [] issued to ……………. [Insert the name of purchaser of Tender
Document].
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AND WHEREAS Tenderers stipulates that the Tenderers qualifying on the strength of a
consortium/ Joint Venture shall submit a legally enforceable Consortium/ Joint Venture
Agreement in a format specified in the Tender Documents.
In consideration of the above premises and agreement, all the parties in this Consortium / Joint
Venture do hereby mutually agree as follows:
1. In consideration of the selection of the Consortium as the Successful Tenderer by the Company,
we the Members of the Consortium Joint Venture and Parties to the Consortium Agreement do
hereby unequivocally agree that M/s........................................................... (Insert name of the
Lead Member), shall act as the Lead Member as defined in the Tender Documents for self and
agent for and on behalf of ………. (the names of all the other Members of the Consortium to be
filled in here) to do on behalf of the Consortium / Joint Venture, all or any of the acts, deeds or
things necessary or incidental to the Consortium’s Tender for the Contract including
submission of the Tender, participating in meetings, responding to queries, submission of
information/ documents and generally to represent the Consortium in all its dealings with Gujarat
Metro Rail Corporation (GMRC) Limited or any other Government Agency or any person, in
connection with the Works until culmination of the process of tendering till the Contract is entered
into with GMRC and thereafter till the expiry of the Contract.
2. The Lead Member is hereby authorized by the Members of Consortium / Joint Venture and
Parties to the Consortium Agreement / Joint Venture to bind the Consortium / Joint Venture
incur liabilities and receive instructions for and on behalf of all Members. It is agreed by all the
Members that entire execution of the Contract including payment shall be carried out exclusively
through the Lead Member.
It is further expressly agreed that the payment from GMRC shall be made only to the Consortium/
Joint Venture. However on expressed request of the Consortium/ Joint Venture, the payments
can be made in name of members of the Consortium/JV individually, as hereby agreed by the
Consortium and as instructed to GMRC by the Consortium/ Joint Venture, with clear
indemnification to GMRC for any consequences of such payments and with clear agreement that
all these payments are on account of the Consortium only and such undertaking must be given by
the Consortium/ Joint Venture including all its members, before any such arrangements of
payments can be made by GMRC.
3. The Lead Member shall be liable and responsible for ensuring the individual and collective
commitment of each of the Members of the Consortium/ Joint Venture in discharging all their
respective obligations under the Contract with GMRC. Each Consortium Member/ Joint Venture
further undertakes to be individually liable for the performance of its part of the obligations without
in any way limiting the scope of collective liability envisaged in this Agreement.
4. In case of any breach of any of the obligations as specified under clause 3 above by any of
the Consortium / Joint Venture Members, the Lead Member shall be liable to fulfil such obligation.
5. It is agreed that sharing of responsibilities hereto among the Consortium members shall not in
any way be a limitation of responsibility of the Lead Member under these presents.
6. This Consortium Agreement shall be construed and interpreted in accordance with the Laws
of _________.
7. It is hereby agreed that the Lead Member or any substantial member shall furnish the Tender
Guarantee, as stipulated in the Tender Documents, on behalf of the Consortium / Joint Venture.
8. It is hereby agreed that in case of selection of the Consortium/ Joint Venture as the
Successful Tenderer, [the Lead Member shall furnish the Performance Security on behalf of
the Consortium as stipulated in the Tender Documents] / [the Performance Security as
stipulated in the Tender Documents shall be furnished by the Members on behalf of the
Consortium/ Joint Venture in such proportion as may be agreed to between us].
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9. It is further expressly agreed that the Consortium / Joint Venture Agreement shall be irrevocable
and, for the Successful Tenderer, shall remain valid over the term of the Contract, unless
expressly agreed to the contrary by the Company.
10. The Lead Member is authorized and shall be fully responsible for the accuracy and veracity of
the representations and information submitted by the Consortium Members respectively from
time to time in response to the Tender Documents for the purposes of the Tender.
11. In terms of Tender Documents issued by the Company, it is agreed by the Members that the
participation of Lead Member shall not be less than and participation of each of the other
Member shall not be less than till completion date of the Works is achieved.
12. It is expressly understood and agreed between the Members that the respective share of
interest/participation, responsibilities and obligations of each of the Members shall be as follows:
13. It is agreed by the Members that the above sharing of interest/participation, responsibilities and
obligations shall not in any way be a limitation of joint and several responsibilities and liabilities of
the Members, with regards to all matters relating to the execution of the Works as envisaged in
the Tender Documents and the Contract. The Parties shall be jointly and severally liable for
execution of the Works in accordance with the terms of the Contract and the Tender Documents.
14. It is clearly agreed that the Lead Member shall ensure performance under the Contract and if one
or more Consortium/ Joint Venture Members fail to perform its/ their respective obligations
under the agreement(s), the same shall be deemed to be a default by all the Consortium
Members.
15. It is agreed by all the Members that there shall be separate Consortium Bank Account (distinct
from the bank accounts of the individual Members) to which the individual Members shall
contribute their share capital and/or working capital and the financial obligations of the
Consortium shall be discharged through the said Consortium Bank Account only and also all the
payments received by the Consortium from the Employer shall be through that account alone.
16. It is hereby expressly agreed between the Parties to this Consortium / Joint Venture Agreement
that neither Party shall assign or delegate its rights, duties or obligations under this Agreement
except with prior written consent of the Company.
17. We hereby agree to ratify all acts, deeds and things lawfully done by the aforesaid Lead Member
pursuant to this Agreement and that all acts, deeds and things done by the aforesaid Lead
Member shall and shall always be deemed to have been done by us/ Consortium/ Joint Venture.
18. We hereby agree on following annexure(s), which is/ are integral part of this Consortium / Joint
Venture Agreement and in any way do not limit or dilute or contradict the matters mentioned in
Para(s) up to 15 of this agreement.
....................................
...................................
(a) has been duly executed and delivered on behalf of each Party hereto and constitutes the
legal, valid, binding and enforceable obligation of each such Party,
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(b) sets forth the entire understanding of the Parties hereto with respect to the subject matter
hereof including the Consortium/ Tenderer’s legal persona and there is or are no other
agreements relating to the Consortium/ Tenderer’s incorporation, constitution, powers or
organisation which may affect in any way its ability to carry out the Works;
(c) may not be amended or modified except in writing signed by each of the Parties and with
prior written consent of the Company.
IN WITNESS WHEREOF, the Parties to the Consortium / Joint Venture Agreement have, through
their authorized representatives, executed these presents and affixed common seals of their
respective companies on the Day, Month and Year first mentioned above.
Witness:
1. (Signature).................................
Name ……………………………….
Designation...........……………….
2. (Signature).....................
Name......................
Designation...........……
………………………………. ..................................
(Signature) (Signature of authorized representative
Name: Name:
Designation: Designation:
Place:
Date:
WITNESS 1.........................................
(Signature)
Name...............................
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Designation..........................
2.........................................
(Signature)
Name...............................
Designation..........................
Attested:
......................................
(Signature)
(Notary Public)
Place: ...................................
Date................................
Common Seal of ..................... For and on behalf of Consortium
has been affixed in my/our presence pursuant Member (Party 3)
to the M/s...........................
Board of Directors resolution dated....................
..............................
Signature............................. Signature of Representative
Name............................. Name................................
Designation......................... Designation.......................
Place: ......................
Date............................
WITNESS
1.......................................
Signature)
Name
...............................
Designation...............................
2....................................
Signature
Name...............................
Designation...............................
Attested
..................................
Signature
(Notary Public)
Place:
...................................
Date:
................................
Note: The word “Consortium” mentioned here is same and synonymous with the
word or meaning of “Joint Venture”.
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Instruction to Tenderers
Annexure-16
CONTRACT AGREEMENT
and
____________ , a company organized and existing under the laws of ______ vide Corporate
Identification Number: __________ and having its registered office at ______________ represented
by Mr. _____________ (name and designation) authorised to sign and bind the company, under the
Power of Attorney dated ________ issued by __________, authorised to issue the same as per Board
Resolution dated ________ (hereinafter referred to as the “Consultant” or the “DDC” (Detailed
Design Consultant), as the case may be, which expression shall unless excluded by or repugnant to
the context or meaning thereof be deemed to include its successors and permitted assigns) of the
other part. [Note 1]
OR
[Note 2] [insert the name of consortium/ JV] comprising:
(a) ____________ , a company organized and existing under the laws of ______ vide Corporate
Identification Number: __________ and having its registered office at ______________ and
head office located at ___________________ , represented by Mr. _____________ (name
and designation) authorised to sign and bind the company, under the Power of Attorney dated
________ and the Board Resolution dated ________ ; and [Note 3]
(b) ____________ , a company organized and existing under the laws of ______ vide Corporate
Identification Number: __________ and having its registered office at ______________ and
head office located at ___________________ , represented by Mr. _____________ (name
and designation) authorised to sign and bind the company, under the Power of Attorney dated
________ and the Board Resolution dated ________ ; [Note 3]
each of which shall be jointly and severally responsible to the Employer under the Contract for Metro
Rail Project as per the terms and conditions of the Tender Documents, Consortium
Agreement and the Contract and/or as agreed to by the Employer (hereinafter collectively referred to
as the “Consultant” or the “DDC” (Detailed Design Consultant), as the case may be, which
expression shall unless excluded by or repugnant to the context or meaning thereof be deemed to
include its successors and permitted assigns) of the other part [Note 2].
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In this Contract Agreement, as the context may require, both the Employer and the Consultant
shall hereinafter be collectively referred to as “Parties” and individually as “Party”.
WHEREAS the Employer is desirous of executing the Project, and as part of it, the Employer intends
to engage a Consultant to execute the Works/ Services, and
WHEREAS the Consultant has declared that the Consultant has valuable and specialized
knowledge and expertise for works/ services including detailed designing of __________ and submitted
a Tender for the execution and completion, and remedying any defects in the Works/ Services of the
“Engagement of Detailed Design Consultancy Services for Construction of METRO Bhawan
(Headquarter of GMRCL) at Indroda Depot, Gandhinagar for Gujarat Metro Rail Corporation
Limited ” within the terms of Works/ Services covered under the tender document no.: Tender No:
GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023, including all its addenda, clarifications, etc. and
agrees to undertake performance of the Work/ Services under the terms and conditions set forth in
this Contract.
WHEREAS the Consultant has obtained clarifications on technical and commercial aspects,
inspected the Site and its surroundings and has examined and considered all other matters,
conditions and things, probable contingencies including delays, hindrances and interferences and
generally all matters incidental thereto and ancillary thereof, affecting the execution and completion of
the Works/ Services, and the Consultant has agreed to undertake to execute the Works/ Services
as per the terms and conditions specified in this Contract Agreement and the other Contract
Documents.
In this Contract all the words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract and terms and condition of Tender Document and other
documents mentioned as forming part of the contract hereinafter referred to,
The following documents as listed in Table 1 below shall be deemed to form and be read and
construed as a part of the Contract:
a. Letter of Acceptance
b. Board Resolution & Power of Attorney in favor of authorized signatory on behalf
of the Contractor and Registered JV/Consortium Agreement (in case of JV/Consortium)
c. Performance Security
d. All the Tender Documents duly incorporating the amendments effected through addenda &
clarifications
e. Priced financial offer (Financial Bid submitted by contractor along with Negotiation letter, if
any, wherein the contractor had amended his offer).
f. Other correspondence regarding tenders considered appropriate to be Incorporated in the
Agreement.
g. The tenderer’s Technical Proposal.
h. GMRC General (Standard) Conditions of Contract & SHE Manual
i. Any other document specifically provided in the tender document for inclusion in the Contract
Agreement
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All of the foregoing documents, together with this Contract Agreement, are herein referred to as the
Contract. All codes, standard specifications, and similar requirements that are referred to therein the
mentioned documents are also incorporated into the Contract, and made part thereof. In the event of
a conflict in consistency, ambiguity or discrepancy between the contents of the Contract, the order of
precedence/ priority shall be according to the order of the documents with the highest priority listed as
Sr. No. 1 and remaining down in dilution of the priority as listed in Table 1 above, and the Employer/
the Employer’s Engineer shall issue any necessary clarification or instruction to the Consultant as
per terms of contract from time to time, during operation and currency of the contract.
The mutual rights and obligations of the Employer and the Consultant shall be as set forth in the
Contract and in particular:
The Consultant agrees, subject to the terms and conditions of the Contract, to perform efficiently and
faithfully all of the Works/ Services, namely, detailed design consultancy and other facilities requisite
for or incidental to the successful completion of the Works/ Services and in carrying out all duties and
obligations imposed by the Contract.
The Employer agrees, subject to the terms and conditions of the Contract, to pay the Consultant the
amount specified, and at the rates and terms and in the manner set forth in the Contract.
The Employer agrees to pay for the total cost of the Works/ Services and the Consultant agrees to
accept the sums mentioned below in the following currencies, to be the total cost for the Works/
Services carried out by the Consultant as part of its obligations, responsibilities and liabilities under
and according to the provisions and obligations imposed on it by the Contract.
Total Amount for Priced Bill of Quantities in all sections – Contract Price:
(a) Indian Rupees: INR ___________/- (Indian Rupees Fifteen Crore Eighty Five Lacs
Only) and
The Contract Price shall be exclusive of all taxes / GST, levies, duties, cess, royalties and other
charges leviable and payable to the authorities in terms of conditions of Contract. The Employer shall
reimburse the Service Tax, cesses on Service Tax and levies on Service Tax [on the Fixed Lump
Sum Portion only] [Note 4], paid by the Consultant, in terms of Conditions of Contract. The
Employer shall deduct the tax at source from the payments to the Consultant, which, Employer will
be required by law for deposition with the statutory authorities in India for which TDS (Tax Deduction at
Source) certificates will be issued by the Employer.
The Consultant shall complete whole of the Works/ Services mostly within _____ weeks (that is on
or before ______) from the Commencement Date (which is ______), as stipulated in the “Notice to
Proceed” mentioned in the Letter of Acceptance itself, issued by the Employer and continue to
provide services for construction support and other related activities till the period mentioned in the
contract documents.
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The total Contract Price will be increased/ decreased during the period of performance of the
Contract as specifically provided, if any, in the Special Conditions of Contract and / or Pricing
Document under price variation clause and no additional amount on any other account whatsoever
shall be payable to the Consultant.
Clause 6: Integration
The Employer and the Consultant agree that this Contract Agreement, together with the other
Contract Documents, expresses all of the agreements, understandings, promises, and covenants of
the Parties, and integrates, combines, and supersedes all prior and contemporaneous negotiations,
understandings, and agreements, whether written or oral and no modification or alteration of the
Contract Documents shall be valid or binding on either party, unless expressed in writing and
executed with the same formality as this Contract Agreement, except as may otherwise be
specifically provided in the Contract Documents.
This Contract is enforceable and construed under and in accordance with the applicable laws of the
Republic of India.
Clause 8: Language
This Contract Agreement and the other Contract Documents are made in the English language.
The Court at Ahmedabad / Gandhinagar (Gujarat) shall have the exclusive jurisdiction to all the
disputes arising out of this Contract between the Parties.
All Notices called by the terms of the Contract shall be in writing and in English language and shall be
delivered by hand or by registered post/mail with acknowledgement due. All notices shall be duly made
by the Party to whom it is addressed at the following address or such other address as mentioned
below:
To Employer:
To Consultant:
-------------------------
-------------------------
-------------------------
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written
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Gujarat Metro Rail Corporation (GMRC) [insert the name of Consortium/ Joint Venture]
Limited
(a)
(______________________________) (_____________________________________
_______________________________)
[insert the name, designation, member/company
name]
(b)
(_____________________________________
_______________________________)
[insert the name, designation, member/company
name]
Witness: Witness:
1. .......................................................... 1. ..........................................................
2. .......................................................... 2. ..........................................................
Notes:
(For preparation of but not for inclusion in the engrossment of the Contract Agreement)
1. Applicable in case the Contractor is a single company/entity and delete in case the Contractor
is a consortium/ joint venture.
2. Applicable in case the Contractor is a Consortium and delete in case the Contractor is a
single company/entity.
3. If the Contractor is a Consortium, liability will be joint and several, and each member thereof
must be identified. Add another para(s) as per para (a) hereafter for identification of any
additional member of the consortium/ joint venture.
4. Delete is not applicable.
5. If the Contractor is a Consortium, each Member thereof must execute.
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Annexure-17
BY ____________ [whose registered office is at] / [of] ____________ ("the Parent company").
in favour of Gujarat Metro Rail Corporation (GMRC) Limited together with its successors and assigns,
"the Employer") of:
WHEREAS
(A) By a contract for Construction of of Metro Rail Project Contract No: GMRC/
("the Contract") made between
and
(2) (the “Consultant") the Consultant has agreed to design, execute, complete and remedy
any defects in the works ("the Works") upon the terms and conditions contained in the Contract.
(B) Pursuant to the terms of the Contract, the Consultant has agreed to procure the provision
of an undertaking in the terms hereof.
(C) The Parent Company is the beneficial owner of % [see Note 1] of the issued share
capital of [the Consultant] [see Note 2].
(D) At the request of the Consultant, the Parent Company has agreed to provide this undertaking.
1 In consideration of the Employer entering into the Contract with the Consultant, the Parent
Company hereby undertakes to the Employer that, without the written consent of the Employer,
it will not [and will ensure that none of the companies referred to in Recital (C) will] [see Note 5]:
a. Sell, transfer, assign or otherwise dispose of or deal with ownership of the whole or
any part of EITHER [the share holding or other interest in the [Consultant] [see Note 3]
OR [the share holdings or other interests] [see Note 4] referred to in Recital (C) in any
way which will affect the beneficial ownership and control in [the Consultant] [see
Note 3] of the Parent Company [and the other companies referred to in Recital (C)]
[see Note 5]; and
b. take any action which may result in the Consultant being unable to comply with its
obligations or perform in any way its duties under the Contract [or take any action
which may result in [the Member forming part of the Consultant] [see Note 3] being
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unable to comply with its obligations or perform in any way its duties under the
[Consortium or other relevant] agreement] [see Note 6] until such time as the Works
shall have been completed, all the Consultant's obligations under the Contract shall
have been performed and the Defects Liability Period (as defined in the Contract) for
the whole and every part of the Works shall have elapsed and further that it will ensure
[that the Member forming part of the Consultant will take all steps necessary to ensure
[see Note 6] compliance by the Consultant with the provisions of the Contract.
2. The obligations of the Parent Company under this Undertaking shall remain in full force and
effect and shall not be affected or discharged in any way and the Parent Company hereby waives
notice of:
b. any provision of the Contract being or becoming illegal, invalid, void, voidable or
unenforceable;
d. any forbearance or waiver of any right of action or remedy the Employer may have
against the Consultant [and/or [ ]] [see Note 7] or negligence by the Employer
in enforcing any such right of action or remedy;
e. any bond, undertaking, security or other guarantee held or obtained by the Employer
for any of the obligations of the Consultant [and/or [ ]] [see Note 7] under the
Contract or any release or waiver thereof.
3. This Undertaking shall extend to any variation of or amendment to the Contract and to any
agreement supplemental thereto agreed between the Employer and the Consultant [and/or] [see
Note 7] and for the avoidance of doubt the Parent Company hereby authorises the Employer and
the Consultant [and/or [supplemental agreement
4. All documents arising out of or in connection with this Undertaking shall be served:
5. The Employer and the Parent Company may change their respective nominated
addresses for service of documents to another address but only by prior written notice to each
other. All demands and notices must be in writing.
6. This Undertaking shall be governed by and construed according to the laws for the time
being in force in India and the Parent Company agrees to submit to the exclusive jurisdiction of
the courts at Gandhinagar, Gujarat, India.
IN WITNESS where of this Undertaking has been executed as a deed on the date first before
Notes:
(For preparation of but not for inclusion in the engrossment of this Undertaking)
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1. If the Parent Company is not the immediate parent company, the chain of ownership must be
recited, identifying each company in the chain and the shareholdings or other interests in each
subsidiary.
2. If the Consultant is a Consortium, that fact and the Consortium or other relevant agreement
must be recited. In such case, insert the name of the Members of the Consortium in
respect of which the parent company undertaking is being given. In such a case, the
parent company of each of the Members is required to give the undertaking.
3. If Note 2 applies; refer to the Member relating to that Parent Company (which is giving this
undertaking) and not the Consultant.
7. If Note 2 applies, add this provision and insert the name of the Member.
8. The notarized copy of the board resolution of the Parent Company must also accompany
this Undertaking. In case the Parent Company is a foreign entity, then such board resolution
should be notarized by a notary in its home country followed by the consularisation by the
Indian Embassy there, or apostilled as per Hague Convention, as the case may be
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Instruction to Tenderers
Annexure-18
THIS GUARANTEE is made the ________ day of __________by whose registered office is at
[and whose registered office is at ] ("the Guarantor").
TO Gujarat Metro Rail Corporation (GMRC) Limited together with its successors and assigns, "the
Employer") of:
WHEREAS
(A) By a contract for Construction of of Metro Rail Project Contract No: GMRC/
("the Contract") made between
and
(2) (the “Consultant") the Consultant has agreed to design, execute, complete and remedy any
defects in the works ("the Works") upon the terms and conditions contained in the Contract.
(B) Pursuant to the terms of the Contract, the Consultant has agreed to procure the provision of a
guarantee in the terms hereof. [see Note 1]
(C) At the request of the Consultant, the Guarantor has agreed to guarantee performance of the
Contract by the [Consultant] [see Note 2] as set out herein.
1. In consideration of the Employer entering into the Contract with the Consultant, the Guarantor
irrevocably and unconditionally guarantees to the Employer as a primary obligation and not
as a surety due performance by the [Consultant] [see Note 2] of all of its obligations and
liabilities under and in accordance with the Contract save that nothing herein shall be
construed as imposing greater obligations or liabilities on the Guarantor than are imposed on
the [Consultant] [see Note 2] in the Contract.
2. The obligations of the Guarantor under this Guarantee shall remain in full force and effect
and shall not be affected or discharged in any way by and the Guarantor hereby waives notice
of:
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b. any provision of the Contract being or becoming illegal, invalid, void, voidable or
unenforceable;
c. the termination of the Contract or of the engagement of the Consultant [ and / or....]
[see Note 3] under the Contract for any reason;
d. any forbearance or waiver of any right of action or remedy the Employer may have
against the Consultant [ and / or ] [see Note 3] or negligence by the Employer in
enforcing any such right of action or remedy;
e. any bond, undertaking, security or other guarantee held or obtained by the Employer
for any of the obligations of the Consultant [ and / or ] [see Note 3] under the
Contract or any release or waiver thereof.
3. This Guarantee shall extend to any variation of or amendment to the Contract and to any
agreement supplemental thereto agreed between the Employer and the Consultant [and/or
_____] [see Note 3] and for the avoidance of doubt the Guarantor hereby authorises the
Employer and the Consultant [and/or ] [see Note 3] to make any such amendment,
variation or supplemental agreement.
4. This Guarantee is a continuing guarantee and accordingly shall cover all of the
obligations and liabilities of the [Consultant] [see Note 2] under the Contract and remain in
full force and effect until all the said obligations and liabilities of the Consultant shall have
been carried out, completed and discharged in accordance with the Contract. This Guarantee
is in addition to any other security which the Employer may at any time hold and may be
enforced without first having recourse to any such security or taking any steps or proceedings
against the Consultant.
5. Until expiry of the Defects Liability Period (as defined in the Contract) for the whole and every
part of the Works, the Guarantor shall not on any ground whatsoever make any claim or
threaten to make any claim whether by proceedings or otherwise against the Consultant
[and/or ] [see Note 3] for the recovery of any sum paid by the Guarantor pursuant to
this Guarantee. Any such claim shall be subordinate to any claims (contingent or otherwise)
which the Employer may have against the Consultant [and/or ] [see Note 3] arising
out of or in connection with the Contract until such time as such claims shall be satisfied by
the Consultant [and/or ] [see Note 3] or the Guarantor as the case may be. To that intent the
Guarantor shall not claim or have the benefit of any security which the Employer holds or may
hold for any monies or liabilities due or incurred by the Consultant [and/or ] [see Note
3] to the Employer and, in case the Guarantor receives any sum from the Consultant [and/or
______] [see Note 3] in respect of any payment by the Guarantor hereunder, the Guarantor
shall hold such sum in trust for the Employer for so long as any sum is payable (contingently
or otherwise) under this Guarantee.
6. The Employer shall be entitled to assign the benefit of this Guarantee at any time
without the consent of the Guarantor or the [Consultant] [see Note 2] being required.
7. All documents arising out of or in connection with this Guarantee shall be served:
8. The Employer and the Guarantor may change their respective nominated addresses for
service of documents to another address but only by prior written notice to each other. All
demands and notices must be in writing.
9. This Guarantee shall be governed by and construed according to the laws for the time being
in force in India and the Guarantor agrees to submit to the exclusive jurisdiction of the courts
at Gandhinagar, Gujarat, India.
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IN WITNESS whereof this Guarantee has been executed as a deed on the date first before
written
Notes
(For preparation of but not inclusion in the engrossment of this Guarantee)
1. If the Contractor is a Consortium, that fact and the Consortium or other relevant agreement
and the relationship of the Guarantor to the concerned Members forming part of the
Contractor must be recited.
2. If Note 1 applies, replace the word “Contractor" with name of the concerned Member of
the Consortium being guaranteed.
3. If Note 1 applies, add additional wording and insert the name the concerned Member of
the Consortium being guaranteed
4. The notarized copy of the board resolution of the Guarantor must also accompany this
Guarantee. In case the Guarantor is a foreign entity, then such board resolution should be
notarized by a notary in its home country followed by the consularisation by the Indian
Embassy there, or apostilised as per Hague Convention, as the case may be
5. The address of service shall be in India
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Instruction to Tenderers
Annexure-19
CONSULTANT’S WARRANTY
TO Gujarat Metro Rail Corporation (GMRC) Limited together with its successors and assigns,
"the Employer") of:
WHEREAS
By a contract for ___________ for Gujarat Metro Rail Corporation (GMRC) Ltd. ("the Contract")
made between
and
__________ (the “Consultant"), the Consultant has agreed to provide Detailed Design Consultancy
Services for _______________ upon the terms and conditions contained in the Contract.
And whereas, at the request of the Employer and pursuant to the terms of the Contract the
Consultant has agreed to provide this Warranty.
a. the Consultant will provide Detailed Design Consultancy (DDC) Services For
__________________ On _____________ Corridor __________ (Works/ Services)
in accordance with the terms of the Contract; and
b. the Consultant owes a duty of care to the Employer in relation to the performance
of its duties under the Contract; and
c. the Consultant will provide services during defect liability period in accordance with
Clause no 2.3 of Appendix-A of Scope of Work in Volume I of Tender Document; and
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d. the Consultant agrees that should any modification in design be required to any part
of the construction work as a consequence of failure analysis, the Defect Liability
Period as period of set forth in Tender Document shall re-commence from the date
when the modified part is commissioned into service, and such modification in design
shall be carried out free of cost to the Employer in all sections; and
e. The Consultant shall cause to maintain the whole workmanship and services
completed by him (including those of its Sub-Consultants / vendors) for the
construction work and good workmanship imparted in the Contract-work/services for
at least 12 months from the date of Completion of the Construction-Contract for which
the service as per the DDC contract provided; and
2. The Consultant Warrants and undertakes to the Employer that he has exercised and will
continue to exercise all the skill and care to be expected of a professionally qualified and
competent designer experienced in work of similar nature and scope as the Works in carrying
out the design of the subject station construction work and in performing the other duties and
functions ascribed to him in the Contract.
3. The Employer shall be entitled to assign the benefit of this Warranty at any time without the
consent of the Consultant being required.
5. Insofar as the patent, copyright or other intellectual property rights in any Design Data (as
defined in the Contract), plans, calculations, drawings, documents, materials, computer
software, knowhow and information relating to the Works/Services shall be vested in the
Consultant, the Consultant grants to the Employer, its successors and assigns a royalty-free,
exclusive and irrevocable licence (carrying the right to grant sub-licences) to use and
reproduce any of the works designs or inventions and other information incorporated and
referred to in such documents or materials and any such know-how and information for all
purposes relating to the Works/Services (including without limitation the design, manufacture,
installation, construction, reconstruction, completion, testing and commissioning (including
Integrated Testing and commissioning) reinstatement, extension, repair, the remedy of any
defect and operation of the Works/Services). To the extent beneficial ownership of any such
patent, copyright or other intellectual property right is vested in anyone other than the
Consultant or the Contractor, the Consultant shall use his best endeavours to procure that the
beneficial owner thereof shall grant a like licence to the Employer. Any such licence granted
shall not be determined if the Consultant shall for any reason cease to be employed in
connection with the Works/Services.
6. The liability of [the companies comprising [see Note 3]] the Consultant under this Warranty
[shall be joint and several and [see Note 3]] shall not be released, diminished or in any way
affected by any independent inquiry or investigation into the Works or any matter related
to the Contract whether carried out by or on behalf of the Employer or any liability or right
of action which may arise out of such inquiry or investigation.
7. Without prejudice to its obligations under this Warranty, the Consultant shall maintain with well
established underwriters of repute and on terms and conditions reasonably acceptable to the
Employer, Professional Indemnity Insurance in respect of the Consultant and its sub-
consultants in relation to his design of the Works for any one occurrence or series of
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occurrences arising out of any event from the date of Letter of Acceptance until 5 years after
the issue of Performance Certificate for the whole of construction works for which the DDC
services is provided. The Consultant shall immediately inform the Employer, if for any reason,
Professional Indemnity Insurance is not maintained in accordance with this Warranty or
becomes void or unenforceable.
8. The provisions of this Warranty shall be without prejudice to and shall not be deemed or
construed so as to limit or exclude any rights or remedies which the Employer may have
against the Consultant, whether in tort or otherwise.
9. Nothing contained in this Warranty shall vary or affect the Consultant's rights and
obligations under the Contract.
10. The address for service of all documents arising out of or in connection with this Warranty shall
be:
(a) Upon the Employer at:
Gujarat Metro Rail Corporation (GMRC) Company Limited
Block No.1, First Floor, Karmayogi Bhavan,
Behind Nirman Bhavan,
Sector 10/A, Gandhinagar: 382010,
Gujarat, India
Kind Attention: Sr.DGM (Civil & Procurement)
11. The Employer and the Consultant may change their respective nominated addresses to
another address in India but only by prior written notice to each other. All notices must be in
writing.
12 This Warranty shall be governed by and construed according to the laws for the time being in
force in India.
(1) Any dispute or difference of any kind whatsoever between the Employer and the
Consultant arising under out of or in connection with this Warranty shall be referred to
arbitration in accordance with the provisions relating to ‘Conciliation and Arbitration’ as set
out in the General Conditions of Contract. “Dispute” as defined in the Contract shall be
deemed to include any such dispute or difference between the Employer and Consultant.
(2) In the event that the Employer is of the opinion that the issues in such a dispute or
difference will or may touch upon or concern a dispute or difference arising under out of
or in connection with the Contract ("the Contract Dispute") then provided that an arbitrator
has not already been appointed pursuant to Clause 12(1), the Employer may by notice in
writing to the Consultant require and the Consultant shall be deemed to have consented
to the referral of such dispute or difference to the arbitrator to whom the Contract Dispute
has been or will be referred.
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(3) Save as expressly otherwise provided, the arbitrator shall have full power to open up,
review and revise any decision, opinion, instruction, notice, order, direction, withholding of
approval or consent, determination, certificate, statement of objections relating to the
dispute.
(4) Subject to the foregoing provisions of this clause 12, the Employer and the Consultant
agree to submit to the exclusive jurisdiction of the Courts of India at Ahmedabad /
Gandhinagar.
Notes:
(for preparation of and not inclusion in the engrossment of this Warranty)
1. If the Contractor is a Consortium, each Member of such Consortium shall be a party and
liability under this warranty will be joint and several, with consequential grammatical changes.
2. If Note 1 applies, that fact and the Consortium or other relevant agreement must be recited.
3. Delete if Note 1 does not apply.
4. The address for service shall be in India
5. If Note 1 applies, then insert the name of each Member.
GMRC Page 75 of 79
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
Instruction to Tenderers
Annexure-20
To Gujarat Metro Rail Corporation (GMRC) Limited together with its successors and assigns, "the
Employer") of:
WHEREAS
and
(B) The Sub-Consultant / vendor have had an opportunity of reading and noting the provisions
of the Contract (other than details of the Consultant's prices and rates).
(C) Pursuant to the Contract, the Consultant wishes to enter into an agreement (“the Sub-contract”)
with the Sub-Consultant / Vendor to carry out and complete a part of the Works as more
particularly described in the Sub-contract ("the Sub-contract Works").
(D) The Contract stipulates that the Consultant shall obtain the consent of the Engineer before
entering into the Sub-contract, and that the Consultant shall procure that the Sub-Consultant
executes a warranty in favour of the Employer.
a. he will execute and complete the sub-contracted Works / supply, and will carry out
each and all of the obligations, duties and undertakings of the Sub-Consultant /
Vendor under the Sub contract when and if such obligations, duties and undertakings
shall become due and performable, in accordance with the terms of the Sub-contract
(as the same may from time to time be varied or amended with the consent of the
Employer); and
GMRC Page 76 of 79
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
b he will supply to the Consultant and in specific cases wherever required to the
Engineer with all information as may be required from time to time in relation to
progress of the Sub- contract Works.
2. The Sub-Consultant / Vendor undertakes to indemnify the Employer against each and every
liability which the Employer may have to any person whatsoever and against any claims,
demands, proceedings, loss, damages, costs and expenses sustained, incurred or payable
by the Employer provided that the Sub-Consultant / Vendor shall have no greater liability to
the Employer by virtue of this Warranty than the liability of the Consultant to the Employer
under the Contract insofar as and to the extent that the same has arisen by reason of the
execution of the Sub-Contract or any breach by the Sub-Consultant / Vendor of his obligations
under the Sub-contract.
4 The Sub-Consultant / Vendor agrees that he will not without first giving the Employer not less
than 21 day’s prior notice in writing exercise any right he may have to terminate the Sub-
contract or treat the same as having been repudiated by the Consultant or withhold
performance of its obligations under the Sub-contract.
5.
(1) In the event that the Contract or the employment of the Consultant under the Contract is
terminated for any reason whatsoever and if so requested by the Employer in writing
within 21 days of such termination, the Sub-Consultant / Vendor shall carry out and
complete his obligations under this Warranty and shall enter into a novation agreement
with the Employer and the Consultant in which the Sub-Consultant will undertake inter
alia to perform the Sub-contract and be bound by its terms and conditions as if the
Employer had originally been named as a contracting party in place of the Consultant.
The said novation agreement will be in such form as the Employer may reasonably
require.
(2) In the event that the Employer does not require the Sub-Consultant / Vendor to enter
into a novation agreement as required by Sub-clause 5 (1), the Sub-Consultant shall
have no claim whatsoever against the Employer for any damage, loss or expense
howsoever arising out of or in connection with this Warranty.
6. Insofar as the copyright or other intellectual property rights, in any plans, calculations,
drawings, documents, materials, know-how and information relating to the Sub-contract
Works shall be vested in the Sub-Consultant / Vendor, the Sub-Consultant / Vendor grants to
the Employer, his successors and assignees a royalty free, non-exclusive and irrevocable
licence (carrying the right to grant sub- licences) to use and reproduce any of the works
designs, inventions or other information incorporated and referred to in such documents or
materials and any such know-how and information for all purposes relating to the Works of
the Metro Rail Project, without limitation the design of enabling facilities, construction,
installation, reconstruction, completion, reinstatement, extension, remedy of any defect of
the Works. To the extent beneficial ownership of any such copyright or other intellectual
property right is vested in anyone other than the Sub-Consultant / Vendor, the Sub-
Consultant shall use best endeavours to procure that the beneficial owner thereof shall grant
a like licence to the Employer. For the avoidance of doubt, any such licence granted shall not
be determined if the Sub-Consultant / Vendor shall for any reason cease to be employed in
connection with the Sub-contract Works.
7. In the event of any ambiguity or conflict between the terms of the Sub-contract and this
Warranty, the terms of this Warranty shall prevail.
GMRC Page 77 of 79
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
8. The provisions of this Warranty shall be without prejudice to and shall not be deemed or
construed so as to limit or exclude any rights or remedies which the Employer may have
against the Sub- Consultant / Vendor whether in tort or otherwise.
9. Nothing contained in this Warranty shall vary or affect the Sub-Consultant's / Vendor’s
rights and obligations under the Sub-contract.
10. The Employer shall be entitled to assign the benefit of this Warranty at any time without the
consent of the Sub-Consultant / Vendor being required.
11. All documents arising out of or in connection with this Warranty shall be served:
12. The Employer and the Sub-Consultant / Vendor may change their respective nominated
addresses for service of documents to another address in India but only by prior written notice
to each other. All demands and notices must be in writing.
13. This Warranty shall be governed by and construed according to the laws for the time being in
force in India.
(1) Any dispute or difference of any kind whatsoever between the Employer and the
Sub-Consultant / Vendor arising under out of or in connection with this Warranty
shall be referred to arbitration in accordance with the arbitration provisions as
described in the Contract.
(2) In the event that the Employer is of the opinion that the issues in such a dispute or
difference will or may touch upon or concern a dispute or difference arising under
out of or in connection with the Contract ("the Contract Dispute") then provided that
an arbitrator has not already been appointed pursuant to Clause 14 (1), the
Employer may by notice in writing to the Sub-Consultant / Vendor require and the
Sub-Consultant / Vendor shall be deemed to have consented to the referral of
such dispute or difference to the arbitrator to whom the Contract Dispute has been
or will be referred.
(3) Save as expressly otherwise provided, the arbitrator shall have full power to open up,
review and revise any decision, opinion, instruction, notice, order, direction,
withholding of approval or consent, determination, certificate, statement of objection,
assessment or valuation by the Engineer or the Consultant relating to the dispute or
difference.
(4) Subject to the foregoing provisions of this clause 14, the Sub-Consultant agree to
submit to the exclusive jurisdiction of the Courts at Gandhinagar, Gujarat.
IN WITNESS whereof this Warranty has been executed as a deed on the date first before
written
GMRC Page 78 of 79
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 ITT
Instruction to Tenderers
Annexure-21
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
Not Used
GMRC Page 79 of 79
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
TENDER NO.:
GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
VOLUME - I
____________________________________________________________________________
GMRC Page 1 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
FORM OF TENDER
Date: …………………….
To : Managing Director
( Kind Attn: GM - Contract)
Gujarat Metro Rail Corporation (GMRC) Ltd
(A Joint Venture of Govt. of Gujarat and Govt. of India)
Block No.1, First Floor, Karmayogi Bhavan, Behind Nirman Bhavan, Sector 10/A,
Gandhinagar: 382010,
Gujarat, India
GENTLEMEN,
1. Having inspected the Site, examined the General Conditions of Contract, Special
Conditions of Contract, Technical Specifications, Tender Drawings and Instruction to
Tenderers including Bill of Quantities, and addenda thereto (if any) issued by the GMRC
for the Detailed Design of the above-mentioned Works, and the matters set out in
Appendix 1 hereto, and having completed and prepared Appendices 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, 14, 15, 16, 17, 17A, 18, 19,19A, 20, 21, 22, 23, 24, 25 , 25A, 26, 27
& 28 hereto, we hereby (jointly and severally)* offer to Design and complete the whole
of the said Works and Commissioning and remedying any defects therein, in conformity
with the above documents within the completion period of 32 months (from the date of
commencement) for the sum stated in the Bill of Quantities (Volume 3 of Tender
Documents) as completed by us and appended hereto.
2. We undertake (jointly and severally)*:
(a) to keep this Tender open for acceptance without unilaterally varying or amending its
terms for the period stated in Notice of Invitation to Tender hereto (the withdrawal of
any member or any other change in the composition of the partnership/joint
venture/consortium on whose behalf this Tender is submitted shall constitute a breach
of this undertaking)*; and
(b) if this Tender is accepted, to provide Guarantees, Undertakings & Warranties for the
due performance of the Contract as stipulated in the General Conditions of Contract,
Special Conditions of Contract and Appendix 1 hereto; and
(c) to hold in confidence all documents and information whether technical or
commercial supplied to us at any time by or on behalf of the GMRC in connection
with this Tender or with the above-mentioned Works and, without your written authority
or as otherwise required by law, not to publish or otherwise disclose the same.
3. We submit with this Tender a duly executed Tender Guarantee in respect of our
obligations under this Tender.
4. Unless and until a formal agreement is prepared and executed, this Tender together with
your written acceptance thereof, shall constitute a binding contract between us.
____________________________________________________________________________
GMRC Page 2 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
5. We understand that you are not bound to accept the lowest or any tender you may receive.
6. We declare that the submission of this Tender confirms that no agent, middleman
or any intermediary has been, or will be engaged to provide any services, or any other
item of work related to the award and performance of this Contract. We further confirm
and declare that no agency commission or any payment which may be construed as an
agency commission has been, or will be, paid and that the tender price does not include
any such amount. We acknowledge the right of the Employer, if he finds to the contrary,
to declare our Tender to be non-compliant and if the Contract has been awarded to
declare the Contract null and void.
7. This Tender shall be governed by and construed in all respects according to the laws
for the time being in force in India. The courts at Ahmedabad / Gandhinagar will
have exclusive jurisdiction in the matter.
8. We acknowledge that the Appendix forms an integral part of the Tender.
9. We have independently considered the amount shown Clause 16.1 & 16.2 of the
General Conditions of Contract as liquidated damages and agree that they represent a
fair estimate of the damages likely to be suffered by you in the event of the work not
being completed in time.
10. If our Tender is accepted we understand that we are to be held solely responsible for
the due performance of the Contract.
We are, Gentlemen,
Yours faithfully,
Signature __________
Date ------------
Name -----------------------------------
For and on behalf of
Address
Witness:
Signature: ------------
Date -------------------
Name ------------------
Address ---------------
* Note:
If the Tenderer comprises a partnership, joint venture or
consortium:
(a) the provisions marked with an asterisk are to be retained subject to deletion of the brackets
and inapplicable descriptions (i.e. partnership, joint venture or consortium)
(b) the liability of each member under the Tender, and under any contract formed upon
its acceptance, will be joint and several.
(c) an authorised representative of each member must sign the Tender.
(d) Signature on the Form of Tender shall be witnessed and dated.
(e) Copies of the relevant power of attorney shall be attached.
____________________________________________________________________________
GMRC Page 3 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
FORM OF TENDER –
APPENDIX-1
[REQUIREMENTS UNDER GENERAL CONDITIONS OF CONTRACT (GCC)]
vi Liquidated Damages Clause 16.1 & (i) Liquidated damages shall be levied as per the
16.2 of the rate given in Appendix-1 of SCC for not
GCC achieving the respective key date.
(ii) The maximum limit of Liquidated Damages shall
be 10% of the total Contract Value.
____________________________________________________________________________
GMRC Page 4 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
vii Insurance cover for DDC‟s Clause 36 of 200% of the Total Contract Price.
All Risk and other the GCC
requirements as specified
in the GCC
viii Period in which all Clause 36 of Within 4 weeks from the “date of commencement”
insurances have to be the GCC
effected
(b) Employer‟s Name and Gujarat Metro Rail Corporation (GMRC) Ltd.
Address
(SPV of Govt. of Gujarat and Govt. of
India) Block No.1, First Floor, Karmayogi
Bhavan, Behind Nirman Bhavan, Sector
10/A, Gandhinagar: 382010, Gujarat, India
Date : …………………..
Place :…………..……….
____________________________________________________________________________
GMRC Page 5 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
____________________________________________________________________________
GMRC Page 6 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
The DDC shall establish and maintain a Quality Assurance System in design procedures and the
interfaces between them. This Quality Assurance system shall be applied without prejudice to, or
without in any way limiting, any Quality Assurance Systems that the DDC already maintains.
The Tenderer shall submit as part of his Tender an Outline Quality Plan which shall contain sufficient
information to demonstrate clearly the Tenderer's proposals for achieving effective and efficient
Quality Assurance System. The Outline Quality Plan should include an outline of the procedures and
regulations to be developed and the mechanism by which they will be implemented for ensuring Quality
as required.
The Tenderer may be requested to amplify, explain or develop its Outline Quality Plan prior to the
date of acceptance of the Tender and to provide more detail with a view to reaching provisional
acceptance of such a plan.
____________________________________________________________________________
GMRC Page 7 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
NOT USED
____________________________________________________________________________
GMRC Page 8 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
The Tenderer shall prepare his Technical Proposals based on the contents of Annexure- 1 & 2 to
the Instructions to Tenderers
____________________________________________________________________________
GMRC Page 9 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
Tenderer’s authorized
representative (name, designation,
address, contact no.)
____________________________________________________________________________
GMRC Page 10 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
MEMBER – 2
____________________________________________________________________________
GMRC Page 11 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
1. We hereby confirm to deploy the minimum manpower as mentioned in Scope of Work / NIT of
Tender Document
The Tenderer shall provide a complete Staffing Schedule and Organisation Chart he proposes
for the work which has to satisfy the requirement of item 1 above.
____________________________________________________________________________
GMRC Page 12 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
2. Name of Firm
3. Name of Staff
4. Date of Birth:
5. Nationality
10. Employment Record (Starting with present position, list in reverse order every employment held since
graduation, giving each employment: dates of employment, name of employing organization, position held)
11. Details task assigned: (List of all tasks to be performed under this assignment along with the designation
held)
12. Work undertake that best illustrates capabilities to handle the task assigned
13. Certification
I, undersigned, certify that to the best of knowledge and belief, this CV correctly describes myself, my
qualification and my experience. I understand that any willful misstatement described herein may lead to my
disqualification or dismissal, if engaged. In accordance with tender requirement, I hereby confirm my
availability for this project.
_______________________________________________
Signature of staff member of authorized representative of Staff Date:
____________________________
Full name of authorized representative
____________________________________________________________________________
GMRC Page 13 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
Note:
1. The Applicant should attach copy of certificates supporting educational qualification &
professional experience of each key personnel.
2. CV of key personnel is to be counter signed by authorized representative of bidder.
____________________________________________________________________________
GMRC Page 14 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
TENDER INDEX
The Tenderer shall include with his Tender an index which cross refers all of the Employer’s tender
requirements elaborated in these documents to all the individual sections within Tender Package 1:
Technical Package and Tender Package 2: Financial Package which the Tenderer intends to be the
responses to each and every one of those requirements.
The Tender Packages submitted must be clearly presented, all pages numbered and aid out in a
logical sequence with main and subheadings to facilitate evaluation.
____________________________________________________________________________
GMRC Page 15 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
NOT USED
____________________________________________________________________________
GMRC Page 16 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
It is confirmed and declared that we, or any of our associate, have not been engaged in any
fraudulent and corrupt practice as defined in General Conditions of Contract and that no agent,
middleman or any intermediary has been, or will be, engaged to provide any services, or any other items
of work related to the award and performance of this contract and no agency commission or any
payment which may be construed as an agency commission has been or will be, paid and that the
tender price will not any such amount.
NOTE:
1. In case of JV/Consortium, the undertaking shall be submitted by each member of the
JV/Consortium.
____________________________________________________________________________
GMRC Page 17 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
COPYRIGHT UNDERTAKING
Date :……………..
To:
Managing Director
(Kind Attn: GM - Contract)
Gujarat Metro Rail Corporation (GMRC) Ltd
(A Joint Venture of Govt. of Gujarat and Govt. of India)
Block No.1, First Floor, Karmayogi Bhavan, Behind Nirman Bhavan,
Sector 10/A, Gandhinagar: 382010,
Gujarat, India
LETTER OF UNDERTAKING
“Engagement of Detailed Design Consultancy Services for Construction of METRO Bhawan (Headquarter of
GMRCL) at Indroda Depot, Gandhinagar for Gujarat Metro Rail Corporation Limited ”
We, (name of tenderer / joint venture) hereby undertake that the tender drawings and the tender
documents purchased as a necessary part of our preparation of this tender shall be used solely for
the preparation of the tender and that if the tender is successful, shall be used solely for the design of
the temporary and permanent works.
We further undertake that the aforesaid tender drawings and documents prepared by GMRC shall not
be used in whole, in part or in any altered form on any other project, scheme, design or proposal that
the joint venture, the joint venture parent companies or sub contractors of the joint venture are, or will
be involved with either in India or any other country.
Signed……………………….
____________________________________________________________________________
GMRC Page 18 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
1. The following are the particulars of minor deviations from the requirements of the Tender
Document:
Confirming that price of
Remarks adjustment of each
Sr. No Clause Deviations (including deviation/s is given in
justification) Annexure 13A of financial
package (Yes/No)
Note:
1. The Tenderer shall indicate price adjustment against each deviation in Annexure-13A of BOQ.
This price is the price which the tenderer shall reduce from his tender price if deviation(s) is/are
accepted by the Employer.
2. Where there is no deviation, the statement should be returned duly signed with an endorsement
indicating “No Deviations‟. In case, Performa of deviations is not submitted or submitted as blank,
it will be construed that the tenderer has not proposed any deviations from tender documents.
3. If the tenderer proposes deviations in tender documents and/or any other terms and conditions
of the tender, other than in this Annexure, it will have no effect.
____________________________________________________________________________
GMRC Page 19 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
____________________________________________________________________________
GMRC Page 20 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
1 2 3 4 5 6 7
Total Value of
Consultancy works /
services as per audited
financial statements
Name of Chartered
Accountant (CA)
Seal and Signature of CA
Membership Number of CA
UDI no. of CA
NOTE:
1. Separate Performa shall be used for each member in case of JV/Consortium.
2. Attach attested copies of the Audited Financial Statements of the last five financial years as
Annexure.
3. All such documents reflect the financial data of the tenderer or member in case of JV/Consortium,
and not that of sister or parent company.
4. Historic financial statements must be complete, including all notes to the financial statements.
5. Foreign applicants, in whose country calendar year is also the financial year, may submit all
relevant data for the last 5 years i.e. 2018, 2019, 2020, 2021 and 2022.
6. The financial data in above prescribed format shall be certified by Chartered Accountant /
Company Auditor in original under his signature, stamp & membership number and Firm
Registration Number.
7. The above financial data will be updated to last day of the month previous to the month of tender
submission price level assuming 5% inflation for Indian Rupees every year and 2% for foreign
currency portions per year. The exchange rate of foreign currency shall be applicable 28 days
before the submission date of tender.
8. The Years mentioned in the table are indicative only. Financial Data (updated as per Note 7
above) for latest last 5 (Five) audited financial years shall be considered for evaluation. In case
audited balance sheet of the last financial year is not made available by the bidder, he has to
submit an affidavit certifying that ‘the balance sheet has actually not been audited so far’ as per
format Appendix – 18A of FOT. In such a case the financial data of previous ‘4’ audited financial
years will be taken into consideration for evaluation. If audited balance sheet of any year other
than the last year is not submitted, the tender will be considered as non-responsive
The Years mentioned in the table are indicative only. Financial Data (updated as per Note 7 above) for
latest last 5 (Five) audited financial years shall be considered for evaluation. In case audited balance
sheet of the last financial year is not made available by the bidder, he has to submit an affidavit
certifying that ‘the balance sheet has actually not been audited so far’ as per format Appendix – 18A
of FOT. In such a case the financial data of previous ‘4’ audited financial years will be taken into
____________________________________________________________________________
GMRC consideration for evaluation. If audited balance sheet of any year other than the last year
Page 21 isofnot
42
submitted, the tender will be considered as non-responsive.
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
Not Used
____________________________________________________________________________
GMRC Page 22 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
WORK EXPERIENCE
For works of detailed design consultancy of as per clause no. 1.1.3.2 (A) of NIT (considering escalation as
per Clause 1.1.3.2 of Notes Bullet no.3 of NIT)
Specific Construction Experience
Contract Identification
Award date
Completion date
Employer’s Name
NOTE:
1. Only the value of contract as executed by the applicant/member in his own name should be
indicated. Where a work is undertaken by a group, only that portion of the contract which is
undertaken by the concerned applicant/member should be indicated and the remaining done
by the other members of the group be excluded. This is to be substantiated with documentary
evidence which clearly mentioned the amount for the prefabricated steel roof structure/roof
sheeting work.
2. Separate sheet for each work along with Clients Certificate to be submitted.
____________________________________________________________________________
GMRC Page 23 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
NOTE:-
1. In case the work was done as JV/Consortium, only the value of work done by the applicant
as per his Percentage participation must be given.
2. Reasons of delay whether on contractors account or on account of Employer in each
applicable case need to be enclosed separately.
____________________________________________________________________________
GMRC Page 24 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
Appendix- 18
Financial DATA
Applicant’s legal name …………………………Date ………………………………..............
Group Member’s legal name………………………… Page ……….. of ……….. Pages
S.N. Description Financial Data for Latest Last 5 Years (Indian Rupees)
2018- 2019- 2020- 2021- 2022-
2019 2020 2021 2022 2023
1. Total Assets
2. Current Assets
Total
3. External
Liabilities
4. Current
Liabilities
5. Annual Profits
Before Taxes
6. Annual Profits
After
Taxes
7. Net Worth
[= 1 - 3]
8. Liquidity [=2 - 4]
9. Return on Equity
10. Annual turnover
from
consultancy
works
11. Gross Annual
turnover
Name Name of Chartered Accountant (CA)
Membership Number of CA
UDI no. of CA
____________________________________________________________________________
GMRC Page 25 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
Attach copies of the audited balance sheets, including all related notes, income statements for the last
five audited financial years, as indicated above, complying with the following conditions.
1. Separate Performa shall be used for each member in case of JV/Consortium.
2. All such documents reflect the financial data of the Applicant or member in case of JV, and not
sister or Parent Company.
3. Historic financial statements shall be audited by Statutory Auditor of the Company under their
seal & stamp and shall be strictly based on Audited Annual Financial results of the relevant
period(s). No statements for partial periods will be accepted.
4. Historic financial statements must be complete, including all notes to the financial statements.
5. Foreign applicants, in whose country calendar year is also the financial year, may submit all
relevant data for the last 5 years i.e. 2018 , 2019, 2020, 2021 and 2022.
6. Return on Equity = Net Income / Shareholders Equity
Return on Equity = Net Income is for the full fiscal year (before dividends paid to common stock
holders but after dividends to preferred stock). Shareholders equity does not include preferred
shares.
7. This Appendix-18 of FOT shall be duly certified by Chartered Accountant / Company Auditor in
original under his signature, stamp, membership number and Firm Registration Number.
8. The Years mentioned in the table are indicative only. Financial Data for latest last 5 (Five) audited
financial years shall be considered for evaluation. In case audited balance sheet of the last
financial year is not made available by the bidder, he has to submit an affidavit certifying that ‘the
balance sheet has actually not been audited so far’ as per Appendix-18A of FOT. In such a case
the financial data of previous ‘4’ audited financial years will be taken into consideration for
evaluation. If audited balance sheet of any year other than the last year is not submitted, the
tender will be considered as non-responsive.
____________________________________________________________________________
GMRC Page 26 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
Appendix- 18A
(Affidavit for Unaudited Balance Sheet as per First Bullet of Notes of NIT Clause 1.1.3.2 B)
(To be filled by the bidder* in case their Balance Sheet for F.Y. 2022-2023 has not been audited. If the
Balance sheet for F.Y. 2021-22 has been audited then the bidder need not to fill this form or may simply
write “NOT APPLICABLE”)
of………………………………………….……………………………………………(Name of
Company/Firm/Proprietorship/Partnership)hereby confirm that the Balance sheet for Financial year i.e. F.Y.
* In case the bidder is a Joint Venture/Consortium, each individual member has to submit this affidavit.
____________________________________________________________________________
GMRC Page 27 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
We do hereby undertake that GMRC/ Any Other Metro Organisation (100% owned by Govt.)/
Ministry of Housing & Urban Affairs/ Order of Ministry of Commerce, applicable for all Ministries has
not banned business with us as on the date of tender submission. Also any work of the value more
than 10% of NIT cost of work, executed either individually or in a JV/Consortium, has not been
rescinded/ terminated by GMRC/ Any Other Metro Organisation (100% owned by Govt.) after
award of contract to us during last 3 years (from the last day of the previous month of tender
submission) due to our non-performance.
Note :
____________________________________________________________________________
GMRC Page 28 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
FORM OF TENDER
Appendix- 19A
(Undertaking as per clause 1.1.3.1 v of NIT)
(to be submitted by each member of the JV/Consortium separately)
(i) We do hereby undertake that following are the list of all the on going Architecture/ Structure/
Building Services detailed design consultancy works awarded by GMRC/ any other Metro
Organisation (100% owned by Govt.) of value more than 40% of NIT cost of work and the list
of completed Architecture/ Structure/ Building Services detailed design consultancy works
awarded by GMRC/ any other Metro Organisation (100% owned by Govt.) within last one year
(from the last day of the previous month of tender submission) of value more than 40% of NIT cost
of work.
Name of the
Contract
Name of contractor including
No. & Performance of Performance
S.No. Employer / constituent members
Name of work. based on
Client in case of
Work
JV/Consortium
Note:
a) The tenderer may either submit satisfactory performance Certificate issued by the Client/
Employer for the works or give an undertaking regarding satisfactory performance of the
work with respect to completion of work/ execution of work (for on-going works) failing which
their tender submission shall not be evaluated and the tenderer shall be considered non-
responsive and non-compliant to the tender conditions In case of non submission of either
____________________________________________________________________________
GMRC Page 29 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
the above work, the performance of such work shall be treated as unsatisfactory while evaluating
the overall performance of tenderer in terms of Note (b) below.
b) If the tenderer or any of the constituent “substantial member(s)‟ of JV/Consortium has reported
four or less number of works in the Appendix 19A then there should not be any unsatisfactory
performance in any of the works of tenderer or any of the constituent “substantial member(s)‟ of
JV/Consortium. Otherwise, the tenderer including the constituent “substantial member(s)‟ of
JV/Consortium shall be considered ineligible for participating in tender process. In other cases, if the
Overall Performance of tenderer or any member of the constituent “substantial member(s)‟ in case
of JV/Consortium, in more than 20% of the works reported in the Appendix 19A (rounding off to the
nearest lower whole number) is unsatisfactory, the tenderer including the constituent “substantial
member(s)‟ of JV/Consortium shall be considered ineligible for participating in tender process and
they shall be considered ineligible applicants in terms Clause 1.1.3.1 of NIT.
c) If there are any adverse remarks in the client’s completion/performance certificate, the same shall
be examined during technical evaluation.
d) If there is any misrepresentation of facts with regards to performance in any of the works reported
above same will be considered as “fraudulent practice” under clause G.6 of ITT, Clause 9 of SCC
and the tender submission of such tenderers will be rejected besides taking further action as per
Clause 4.33.1 (b) & (c) & 13.2.1 of GCC.
e) The undertaking shall be signed by authorized signatory of the tenderer. In case of JV/Consortium
by the authorized signatory of the constituent members counter signed by the authorized
signatory of the tenderer.
Example:
Works reported in the Appendix 19A 1-4 5 6 7 8 9 10 14
No. of unsatisfactory works acceptable Nil 1 1 1 2 2 2 3
____________________________________________________________________________
GMRC Page 30 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
We do hereby undertake that we have been neither penalized with liquidated damages of 10% (or
more) of the contract value in a contract due to delay nor imposed with penalty of10% (or more) of the
contract value due to any other reason in any Civil Engineering works awarded by G M R C / any other
Metro Organisation (100% owned by Govt.) of value more than 10% of NIT cost of work executed
either individually or in a JV/Consortium during last three years (from the last day of previous month of
the tender submission).
Note :
____________________________________________________________________________
GMRC Page 31 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
We do hereby undertake that we have not suffered bankruptcy/insolvency during the last 5 years.
Note :
____________________________________________________________________________
GMRC Page 32 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
We here by confirm that, we have downloaded / read the complete set of tender documents (as named
in Clause 1.1.4 of NIT) /addendum/corrigendum/clarifications along with the set of enclosures hosted on
e-tendering portal https://gmrc.nprocure.com. We confirm that we have gone through the bid documents,
addendums and clarifications for this work placed up to the date of opening of bids on the e-tendering
portal [https://gmrc.nprocure.com]. We confirm our unconditional acceptance for the same and have
considered for these in the submission of our financial bid.
____________________________________________________________________________
GMRC Page 33 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
We hereby jointly and severally certify in accordance with clause ‘9.a’ of the Order No.P-45021/2/2017-
PP (BE-II) of Ministry of Commerce and Industry, Department for Promotion of Industry and Internal
Trade (DPIIT) Government of India dated 04.06.2020 that the item(s) offered meets the minimum local
content of 50% / 20% and we meet the minimum local content requirement for ‘Class-I local supplier’ /
‘Class-II local supplier’ (strike through whichever is not applicable). The details including name of
vendor, location and percentage of local content is enclosed as Appendix-24 of FOT.
We acknowledge that false declaration by the tenderer regarding local value addition including
payments to be made to their vendors for local value addition shall be treated as a fraudulent practice
under ITT G.6, Clause 9 of SCC of this tender for which the tenderer or its successors can be debarred
for a period up to three years along with such other actions as may be permissible under the law.
In cases of procurement for a value in excess of Rs. 10 crores, we also undertake to submit a
certificate from statutory auditor or cost auditor of the company (in the case of companies) or from a
practising cost accountant or practising chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content, in accordance with clause ‘9.b’ of the Order no. P-
45021/2/2017-PP (BE-II) of Ministry of Commerce and Industry, Department for Promotion of Industry
and Internal Trade (DPIIT) {formerly Department of Industrial Policy and Promotion (DIPP)},
Government of India dated 28.05.2018, after completion of works to the Engineer.
Note :
1. This appendix need to be submitted only if bidder wants to avail the purchase preference as
specified in Clause 1.1.3.1 ix of NIT.
2. The undertaking shall be signed by authorized signatory of the tenderer. In case of
JV/Consortium by the authorized signatory of the constituent members counter signed by the
authorized signatory of tenderer.
____________________________________________________________________________
GMRC Page 34 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
Performa for Submission of the List of the Goods, Works & Services Tentatively Proposed to be
Offered with Local Value Addition
____________________________________________________________________________
GMRC Page 35 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
Not Used
____________________________________________________________________________
GMRC Page 36 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
The Tender shall submit the name and address of Sub-Consultants who are proposed to be engaged for
execution of difference types of works as well as the details of the experience and past performance of such
Sub-Consultants will be required to be furnished in accordance with the tender requirements in the format
prescribed in Attachment A and B to Appendix FT-25.
Sub-Consulting shall be limited to the provisions of General and Special Conditions of Contract.
____________________________________________________________________________
GMRC Page 37 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
ATTACHMENT-A TO APPENDIX FT – 25
PROPOSED Sub-Consultants
Sl. No. Description of Works proposed for Name and Address of Sub-Consultants
sub-contracting identified for executing such work.
1 2 3
Note:
1) The total sub-consulting shall not exceed 50% of the value of the work.
2) The experience record of each Sub-Consultants for the similar nature of the proposed sub consulting works
shall be finished in the format prescribed in Attachment-B to Appendix FT-25 hereof.
____________________________________________________________________________
GMRC Page 38 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
Notes:
(2) In Col. 3 “Employer” means the organization which paid for the works and the “Engineer” means the
(3) All the details should be supported by attested copies of certificates from clients for each entry otherwise it
(5) All the pages must be signed by the authorized signatory of the Tenderer.
____________________________________________________________________________
GMRC Page 39 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
2. Complete Address:
4. Branch:
7. Account Type:
8. Account Number:
10. Whether a copy of cancelled Cheque of the Bidder/Firm submitted: Yes or No (Please tick)
(A canceled cheque to be enclosed)
b) EMD/Tender Security shall be paid in compliance with ITT Clause C18.1.2 / C18.1.3
____________________________________________________________________________
GMRC Page 40 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
[to be provided for each member of the Joint Venture/ consortium in case of the tenderer participating as
Joint Venture/ consortium]
Litigation History
No court/arbitral award decisions against the Tenderer (last 10 Calendar years ending
30.06.2023)
Court/ arbitral award decisions against the Tenderer (last 10 Calendar years ending 30.06.2023)
Year of Contract Identification Total Contract
award Amount (current
value, currency,
exchange rate and
INR equivalent)
[insert year] Contract Identification: [indicate complete contract name, [insert amount]
number, and any other identification]
____________________________________________________________________________
GMRC Page 41 of 42
Tender No: GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 FOT
1 2 3 4 5 6 7 8
A Project Leader
B Structural Design
Engineers
E E & M Expert
F Fire Fighting
Expert
G Telecom Engineer
H Mechanical or Electrical
Engineer
I CAD Experts
Notes:
1. The Team Leader should be on payroll of bidder for not less than 1 Year.
2. The Project leader in B (i) should be either have experience of Building Architectural Design (For B Arch) or Should
have experience in Structural Design (For BE Civil) . The team leader should have experience in interfacing among
architecture, structure and systems.
3. The minimum number of manpower required to be deployed for this Contract exclusively for each category must
be implemented as mentioned above with staggered period of deployment as per requirement as approved by
GMRC.
4. B.E. qualification means Bachelor of Engineering or Bachelor of Technology or Bachelor of Science (Engineering)
or any other equivalent name of at least 4 years professional course after 10+2 or 12 years of formal course of
Education.
5. No Key Personnel should have attained the age of 60 (Sixty) years at the time of submitting the proposal.
____________________________________________________________________________
GMRC Page 42 of 42
Tender No : GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023 GCC & SCC
TENDER NO.:
GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
VOLUME – II
VOLUME - II
Formerly known as Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Co. Ltd.
Gujarat, India
1. Definitions
The following words and expressions shall have the meanings assigned to them except
where the context otherwise requires:
(i) "Applicable Law" means the laws and any other instruments having the force of law in
India, as they may be issued and in force from time to time;"
(ii) "Approved / approval" means the approval in writing.
(v) "Client / Employer" means the Gujarat Metro Rail Corporation (GMRC) Limited (also
referred to as GMRC) which expression shall also include their legal successors and
permitted assigns.
(vi) "Detailed Design Consultant" (DDC) means the party or the group/construction named
in the Agreement, who has to perform the services, and which expression shall include
his/their legal successors and permitted assigns.
(vii) “Consultant / Bidder/Tenderer” means any entity or person that may provide or provides
the Services to the Employer under the Contract.
(viii) "Sub - Contractor" means the sub-consultant appointed by Consultant with the prior
approval of the employer and in accordance with the procedure described in Special
Conditions of Contract.
(ix) "Member", in case the Consultant comprises more than one entity means any of the
entities. "Members" means all the entities.
(x) "Member-in-Charge" means the Member authorised to act on the Members' behalf in
exercising all the Consultant's rights and obligations towards the Client under their
contract.
(xi) "Party" means GMRC or DDC as the case maybe and "parties" means both of them.
(xii) "Third party" means any other person or entity as the context requires.
(xiii) "Contract" means the Contract Agreement, the Letter of Acceptance, the Letter of Tender
and other documents, which are listed in the Contract Agreement or in the Letter of
Acceptance.
(xiv) "Employer's Representative" means any of its officers nominated by GMRC and notified
from time to time, to DDC.
(xv) "Engineer" means the person(s)-in-charge appointed by GMRC to supervise the detailed
design consultancy works or any of its officers nominated by GMRC and notified from
time to time.
(xvi) "Effective Date" means the date on which this Contract comes into force.
(xvii) "Foreign Personnel" means such persons who at the time of being so hired had their
(xviii) "Local Personnel" mean such persons who at the time of being so hired had their
domicile inside India.
(xix) "Personnel " means persons hired by the Consultants as employees and assigned to the
performance of the Services or any part thereof;
(xx) "Day" means the period between any one midnight and the next.
(xxi) "Month" means a period of one month according to the Gregorian calendar commencing
with any day of the month.
(xxii) "Rupees" means the currency of India (`), and shall be the currency used for the Project.
(xxiii) "Services" means the work to be performed by the Consultants pursuant to this Contract
for the purposes of the Project, as described in Tender document hereto;
(xxiv) Tenderer/Applicant/DDC/Consultant in the concerned context means the Entity, who has
submitted the submissions against this Tender Notification and issued Tender Document.
2. Interpretation
(i) The headings in the Agreement shall not be used in its interpretation.
(ii) The singular includes the plural, the masculine includes the feminine, and vice-versa where
the context requires.
(iii) If there is a conflict between provisions of the Agreement, the last to be written chronologically
shall prevail, unless otherwise specified in the Service Agreement - SCC.
3. Obligations of DDC
3.1 Scope of Services to be performed by the DDC
(i) DDC shall perform Services relating to the Project. The Scope of the Services is as stated
in the tender documents.
(ii) DDC shall exercise reasonable skill, care and diligence in the performance of his
obligations under the Agreement.
(iii) Where the Services include the co-ordination between the DDC and other consultants
and contractors employed on the Project, the DDC shall provide such co-ordination. The
DDC shall obtain, co-ordinate and submit to the Employer's Representative for his
information and approval all details, drawings, quantities, specifications arising from such
co-ordination with others. Such co-ordination will take place throughout the period of the
Services.
GMRC reserves the right to forfeit the performance guarantee amount, in the event of termination
of the Services in accordance with Clause 18.1(ii) or (iii).
In the event of any defect coming to the notice of GMRC within the period of 12 months from 'the
date of completion as mentioned in the completion certificate' OR 'the date on which all the
stations/structures /buildings on the section/corridor are put to use for fare paying public and
E&M systems are tested and put to use', whichever is later and in the eventuality of the DDC
failing to rectify the same, GMRC will forfeit the amount of the Performance Guarantee.
4. Change in Constitution
DDC shall promptly notify GMRC of any changes in the constitution of the DDC. It shall be open
for GMRC to terminate the Agreement upon death, retirement, insanity or insolvency of any
person being the proprietor/partner in the DDC, or on the addition or introduction of a new partner
managing the Project for the DDC without the previous approval in writing of GMRC. But in
absence of and until its termination by GMRC as aforesaid, this Agreement shall be in full force
and effect, notwithstanding any changes in the constitution of the firm by death, retirement,
insanity or insolvency of any of its proprietors/partners or addition or introduction of any new
partners. In case of death or retirement, the surviving or remaining partners of the firm shall be
jointly and severally liable for the due and satisfactory performance of all terms and conditions of
the Agreement, and likewise on the addition of a new partner, the latter will also become jointly
and severally liable.
5. Information
GMRC shall within a reasonable time give to DDC, free of cost, all information which he is able
to obtain and which may pertain to the Services.
6. Decisions
On all matters properly referred to it in writing by DDC. GMRC shall give a decision in writing
within a reasonable time.
7. Assistance
GMRC shall assist DDC in:
(i) Providing unobstructed access wherever it is required for the Services.
(ii) Providing access to other organisations for collection of information.
8. Mobilisation / Replacement of Personnel
The qualifications and experience of the personnel who are sent by DDC to work on the project
shall be acceptable to GMRC. In case GMRC is not satisfied with the performance of any
personal, the same shall be replaced on GMRC's request with a person acceptable to GMRC.
9. Representatives
For the administration of the Agreement the DDC shall designate the official or individual to be
his representative and who shall be responsible to the Engineer / Employer for various
deliverables as per the scope of services.
(a) Except as the Employer may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultants, it becomes
necessary to replace any of the Personnel, the DDC shall forthwith, provide as a replacement a
person of equivalent or better qualifications with the approval of GMRC. However the total
number of replacement shall be limited to three only out of which maximum only one may be from
the position of Structural Design Engineer. Any deviation from this instruction will attract a penalty
of 2% of the contract value for each replacement of more than 3 persons.
(b) If the Employer (i) finds that any of the Personnel has committed serious misconduct or has
been charged with having committed a criminal action, or (ii) has reasonable cause to be
dissatisfied with the performance of any of the Personnel, then the DDC shall, at the Employer’s
written request specifying the grounds therefore, forthwith, provide as a replacement a person
with qualifications and experience acceptable to the Employer.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of
remuneration applicable to such person as well as any reimbursable expenditures the
Consultants may wish to claim as a result of such replacement, shall be subject to the prior written
approval by the Employer. Except as the Employer may otherwise agree, (i) the DDC shall bear
all additional travel and other costs arising out of or incidental to any removal and/or replacement,
and (ii) the remuneration to be paid for any of the Personnel provided as a replacement shall not
exceed the remuneration which would have been payable to the Personnel replaced.
11. Liability of DDC to GMRC
DDC shall be liable to pay compensation to GMRC arising out of or in connection with the
Agreement if a breach of Contract is established against him. Such compensation shall be limited
to the amount of reasonably foreseeable loss and damage suffered as a result of such breach,
subject to maximum of 10% of the actual cost of the construction contract(s), for which detailed
design consultancy services has been provided by this DDC tenderer.
15. Modifications
The Contract can be modified in writing on application by either party only by written agreement
of DDC and GMRC.
limit of Liquidated Damages shall be 10% of the Fixed Lump Sum Price of the Contract
c) The remuneration of the DDC shall constitute the DDC’s sole remuneration in connection with
this Contract or the Services and, the DDC shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities pursuant to this Contract or
to the Services or in the discharge of their obligations hereunder, and the Tenderers shall use
their best efforts to ensure that any Personnel either of them, similarly shall not receive any such
additional remuneration
d) Neither the DDC nor the Personnel of either of them shall engage, either directly or indirectly,
in any business or professional activities in India which would conflict with the activities assigned
to them under this Contract
(e) The DDC shall not be one of the following:
(i) A firm which has been engaged by the Employer to provide consulting services for the
preparation related to procurement for or implementation of this project.
(ii) Any association/affiliation (inclusive of parent firms) of a firm or an organisation mentioned
in para (i) above.
(iii) A Tenderer who lends, or temporarily seconds its personnel to firms or organisations which
were engaged in consulting services for the preparation related to procurement for or
implementation of the project, if the personnel would be involved in any capacity on the same
project.
Jurisdiction of Court in case of dispute or differences arising on account of this tender: Any suit
or application, arising out of any dispute or differences on account of this pre qualification tender
as well as the contract shall be filed in a competent court at Gandhinagar / Ahmedabad, Gujarat
only and no other court or any other district of the country shall have any jurisdiction in the matter.
29. Notices
Any notices under the Agreement shall be in writing and will take effect from receipt at the address
stated in the Agreement. Delivery can be by hand or facsimile message against a written
confirmation of receipt or by registered letter or by telex subsequently confirmed by letter.
30. Publication
Unless otherwise specified in the Conditions of Contract, DDC, either alone, or jointly with others,
can publish material relating to the Services. Publication shall be subject to approval by GMRC,
if it is within two years of completion or termination of the Services.
31. Claims for Loss or Damage
Subject to Clause 11, any claim for loss or damage arising out of breach or termination of the
Agreement shall be agreed between GMRC and the DDC, failing which the same shall be
referred to arbitration in accordance with Clause 33.
32. Taxes and Duties
The DDC and their personnel shall pay such taxes, duties, fees, and other impositions as may
be levied under the Applicable Laws, the amount of which shall be deemed to have been included
in the Contract Price.
days of the start of the event giving rise to the claim. The DDC shall also submit any other notices
which are required by the Contract, and supporting particulars for the claim, all as relevant to
such event or circumstance.
The DDC shall keep such contemporary records as may be necessary to substantiate any claim.
Without admitting GMRC’s liability, GMRC shall on receipt of such notice, inspect such records,
monitor the record-keeping and/or may instruct the DDC to keep further contemporary records.
The DDC shall permit GMRC to inspect all such records, and shall (if instructed) submit copies
to GMRC.
Within 28 days of such notice, or such other time as may be agreed by GMRC, the DDC shall
send to GMRC a fully detailed claim which includes full supporting particulars of the basis of the
claim and additional payment claimed. If the event or circumstance giving rise to the claim has
a continuing effect:
a) this fully detailed claim shall be considered as interim;
b) DDC shall send further interim claims at monthly intervals, giving the accumulated amount
claimed, and such further particulars as GMRC may reasonably require; and
c) the DDC shall send a final claim within 28 days after the end of the effects resulting from the
event or circumstance, or within such other period as may be proposed by DDC and
approved by GMRC.
If DDC fails to comply with this Sub-Clause, he shall not be entitled to claim any additional
payment.
33.6 Conciliation
Within 60 days of receipt of Notice of Dispute, either party shall refer the matter in dispute to
conciliation.
Conciliation proceedings shall be initiated within 30 days of one party inviting the other in writing
to Conciliation. Conciliation shall commence when the other party accepts in writing this
invitation. If the invitation is not accepted then Conciliation shall not take place. If the party
initiating conciliation does not receive a reply within 30 days from the date on which he sends the
invitation he may elect to treat this as a rejection of the invitation to conciliate and inform the other
party accordingly.
The Conciliation shall be undertaken by one Conciliator selected from a panel of Conciliators
maintained by the Employer. The Conciliator shall assist the parties to reach an amicable
settlement in an independent and impartial manner.
33.7 Conciliation Procedure
a) GMRC shall maintain a panel of Conciliators, who shall be from serving or retired engineers
of Government Departments, or of Public Sector Undertakings. Out of this panel, a list of
three Conciliators shall be sent to the DDC who shall choose one of them to act as
Conciliator and conduct conciliation proceedings in accordance with “The Arbitration and
Conciliation Act, 1996” of India & amended by the Arbitration & Conciliation ( Amendment
) Act, 2015 and any statutory modification or re-enactment thereof.
one Arbitrator within 30 days of dispatch of the request of GMRC then GMRC shall appoint
anyone Arbitrator from the panel of 03 Arbitrator as sole Arbitrator.
ii) In case of 3 Arbitrators:
a) Within 60 days from the day when a written and valid demand for Arbitration is received
by GMRC, GMRC will forward a panel of 5 names to the DDC. The DDC will then give
his consent for any one name out of the panel to be appointed as one of the Arbitrators
within 30 days of dispatch of the request by GMRC.
b) GMRC will decide the second Arbitrator. GMRC shall appoint the two Arbitrators,
including the name of one Arbitrator for whom consent was given by the DDC, within 30
days from the receipt of the consent for one name of the Arbitrator from the DDC. In
case the DDC fails to give his consent within 30 days of dispatch of the request of GMRC
then GMRC shall nominate both the Arbitrators from the panel.
c) The third Arbitrator shall be chosen by the two Arbitrators so appointed by the parties out
of the panel of 05 Arbitrators provided to the DDC or from the larger panel of Arbitrators
to be provided to them by GMRC at the request of two appointed Arbitrators ( if so desired
by them ) and who shall act as Presiding Arbitrator. In case of failure of the two appointed
Arbitrators to reach upon consensus within a period of 30 days from their appointment,
then, upon the request of either or both parties, the Presiding Arbitrator shall be
appointed by the Managing Director / GMRC, Gandhinagar.
other than the persons appointed as per above procedure and having above qualification and
experience shall act as Arbitrator.
33.9.4 No new claim shall be added during proceedings by either party. However, a party may amend
or supplement the original claim or defense thereof during the course of arbitration proceedings
subject to acceptance by Tribunal having due regard to the delay in making it.
33.9.5 Neither party shall be limited in the proceedings before such arbitrator(s) to the evidence or
arguments put before the Engineer for the purpose of obtaining his decision. No decision given
by the Engineer in accordance with the foregoing provisions shall disqualify him from being
called as a witness and giving evidence before the arbitrator(s) on any matter, whatsoever,
relevant to dispute or difference referred to arbitrator/s. Neither party shall be limited in the
proceedings before such arbitrators to the evidence nor did arguments previously put before
during settlement through Conciliation proceedings.
33.9.6 It is agreed by both the Parties that in the cases where Arbitral Tribunal is consist of sole
Arbitrator, their disputes shall be resolved by fast track procedure specified in sub-section (3)
of 29B of the Arbitration and Conciliation ( Amendment ) Act , 2015 or as amended up to date.
33.9.7 If the contractor(s) does/do not prefer his/their specific and final claims in writing, within a period
of 90 days of receiving the intimation from the Employer/Engineer that the final bill is ready for
signature of the contractor(s), he/they will be deemed to have waived his/their claim(s) and
GMRC shall be discharged and released of all liabilities under the contract in respect of these
claims.
33.9.8 Arbitration proceedings shall be held at Gandhinagar / Ahmedabad, India and the language of
the arbitration proceedings and that of all documents and communications between the parties
shall be in English.
33.9.9 The Arbitral Tribunal should record day to day proceedings. The proceedings shall normally be
conducted on the basis of documents and written statements. All arbitration awards shall be in
writing and shall state item wise, the sum and detailed reasons upon which it is based. A model
Time Schedule for conduct of Arbitration proceedings in a period of 180 days / 365 days will
be made available to Arbitral tribunal for their guidance. Both the Parties should endeavor to
adhere to time schedule for early finalization of Award.
33.9.10 The award of the sole Arbitrator or the award by majority of three Arbitrators as the case may
be shall be binding on all parties. Any ruling on award shall be made by a majority of members
of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.
33.9.11 A party may apply for correction of any computational errors, any typographical or clerical
errors or any other error of similar nature occurring in the award of a tribunal and interpretation
of specific point of award to tribunal within 60 days of the receipt of award.
33.9.12 A party may apply to tribunal within 60 days of receipt of award to make an additional award
as to claims presented in the arbitral proceedings but omitted from the arbitral award.
GMRC or by the Court of law unless specifically directed by Hon’ble Court otherwise on the
matter, and shall be shared equally by GMRC and the DDC. However, the expenses incurred
by each party in connection with the preparation, presentation will be borne by itself.
event shall be deemed not to have occurred and the Contract will continue to have effect as
such.
harmless GMRC from and against all claims and proceedings on account of infringements of
patents rights, design, trademark name etc.
GMRC will not issue final payment certificate until the DDC has produced evidence that coverage
of Professional Indemnity Insurance has been provided for the aforesaid period.
In the professional indemnity insurance policy the deductable amount shall not be more than 5%
of AOA limit.
37. Patents
The Tenderer shall at all times indemnify GMRC against all claims which may be made in respect
of the items for infringement of any right protected by patent, registration of design or trade mark.
38. Clarifications
(i) If the work to be done is not sufficiently detailed or explained in the contract document, the
contractor shall apply to the authorities in writing for further written clarification and shall
conform to the clarification provided. The DDC shall promptly notify the authority of all errors,
omissions, inconsistencies, or other defects (including inaccuracies and inconsistencies)
which it discovers in the Contract Documents, and shall obtain from authorities specific
instructions in writing regarding any such error, omission, or defect before proceeding with the
design work affected thereby.
(ii) The DDC is fully responsible for all the designs of the work. The DDC is responsible for
correcting any errors, omissions and defects in such design through the design and/or
construction process, and shall not be entitled to an increase in the Lump Sum Fixed price or
extension of the contract time in connection with such correction
39. Relations between the Parties
Nothing contained herein shall be construed as establishing a relation of master and servant or
of agent and principal as between the Employer and the DDC. The DDC, subject to this contract,
have complete charge of Personnel performing the Services and shall be fully responsible for the
services performed by them or on their behalf hereunder.
40. Amendment to Agreement
Modification of the terms and conditions of this Contract, including any modification of the scope
of the Services, may only be made by written agreement between the Parties.
41. Standard of Performance
The DDC shall perform the Services and carry out their obligations hereunder with all due
diligence, efficiency and economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe and effective equipment, machinery, materials and
methods. The DDC shall always act, in respect of any matter relating to this Contract or to the
Services, as faithful advisers to the Employer, and shall at all times support and safeguard the
Employer's legitimate interest in any dealings with sub-consultants.
42. Indemnifications
The Tenderer shall indemnify, protect and defend at the Tenderer's own expense, the Employer
and employees from and against any and all actions, claims, losses or damages arising out of
any violation by the consultant or in the course of the services of any legal provisions, or any
rights or third parties, in respect of literary property rights, copyrights, or patents. Tenderer’
Actions requiring Employer’s prior Approval the Tenderer shall obtain the Employer’s prior
2. Clause 12. Duration of Liability shall be for a period of maximum one year from the date, the
Inauguration of Metro Bhawna or five years from the date of issue of LOA for this contract
of DDC, whichever is earlier
3. Clause 14. The date of Commencement shall be either the date of issue of Letter of
Acceptance (LOA) or to be issued separately by GMRC.
The Date of Completion of the services shall be as given in Appendix-1. The whole of the
scope of work shall be completed within 32 months from the date of issue of LOA or
employer’s notice to proceed to be issued separately.
The Liquidated Damages shall be charged at a rate of 0.05% (of amount quoted for
respective ‘Schedule’) per week delay or part thereof on pro-rata basis for non-achievement
of the key dates, specified in Appendix-1 of SCC.
The maximum limit of Liquidated Damages shall be 10% of the contract value.
5. Not Used
tenderer, if so claimed against the invoice raised. It may also be noted that GST raised
in the first bill shall be paid along with the bill on mention of Service Code (Registration
No.) of the DDC; however, subsequent GST will be paid only on production of
documentary proof for having remitted the same ( the previously paid GST by GMRC) to
the concerned government authorities.
c) The Agreement shall be interpreted, construed and governed by the Laws of India and
the jurisdiction of the Agreement shall be Courts in Surat, Gujarat.
d) DDC shall coordinate, liaise, pursue and obtain necessary approval depending on the
conditions prevailing at site, of all concerned local authorities. However, GMRC will
issues necessary letter for the same.
f) Deleted
The Agreement shall be interpreted, construed and governed by the Laws of India, and the legal
proceedings, if any, shall be under the jurisdiction of the Courts in Surat.
Block No.1, First Floor, Karmayogi Bhavan, Behind Nirman Bhavan, Sector 10/A,
Gandhinagar: 382010
Gujarat, India
Attention MD/GMRC
Facsimile 079 - 232 - 48572
Attention:
------------------------------------------------------
------------------------------------------------------
Facsimile:
extended period of completion, or is unlikely to complete the whole work or part thereof within time
because of poor record of progress, or
h) fails to remove materials from the site, or pull down and replace work, after receiving notice from
the engineer to the effect that the said materials or works have been condemned or rejected, or
i) fails to take steps to employ competent and/or additional staff and labour, or
j) fails to afford the engineer or his representative proper facilities for inspecting the works or any part
thereof, or
k) indulges in corrupt or fraudulent practices as explained in clause 9.
on supply of materials/services/works etc. will not be considered and its impact shall be considered
covered in the price variation clause provided in the Contract and in Contract where Price Variation
Clause is not provided, the impact on any other change (except on account of Clause a(i) & (ii) above
in existing taxes/new taxes on supply of materials/services/works etc. will be deemed to be included
in the quoted contract price.
(e) Also, the Contract price shall not be adjusted on account of fluctuations in the rates of exchange
between the foreign currencies of the Contract and Indian Rupees from the last date of submission
of tender.
APPENDIX-1
(To be read in conjunction with Schedule of Payments and Clause 4 of SCC for
Liquidated Damages)
Weeks Payment Liquidated
Sr. No Description Damage
(from LOA) Percentage
Submission of project program including complete list of -
1 2 5%
Deliverables, Schedule of Delivery
Submission of conceptual design drawings and design Yes
2 4 5%
alternatives along with concept design report
Approval of concept design Drawings and Concept -
3 - 5%
design Report
Submission of Preliminary design drawings based on Yes
4 approved concept design drawings, including 7 10%
modifications if any
5 Approval of Preliminary Design Drawings - 5% -
Submission of Tender drawings, BOQ, Special conditions Yes
6 10 10%
and specifications.
7 Submission of Detail Design and Drawings (GAD) 16 10% -
8 Approval of Detail Design and Drawings (GAD) - 5% -
9 Start of "Good for construction Drawings" 22 10% Yes
10 Approval of "Good for construction Drawings" 5% -
During Construction Stage -
On Completion of 25% of works As per 5%
11 On Completion of 50% of work construction 5%
On Completion of 75% of work programme 5%
On Completion of 100% of work 5%
Review and Approval of "As Built Drawings submitted by -
12 10%
Contractor”
Total 100% -
Note:
a. Liquidated Damages shall be charged @0.05% per week delay on pro rata basis from the lump
sum rate of the contract.
b. The maximum limit if Liquidated Damages shall be 10% of the total contract value.
GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
TENDER NO.:
GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
VOLUME – II
VOLUME - II
Scope of Work
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
Contents
1
1. INTRODUCTION ............................................................................................................................................ 4
2. DESIGN BRIEF................................................................................................................................................ 5
3. SCOPE OF WORK........................................................................................................................................... 6
3.1. Conceptual Design Stage ..................................................................................................................... 6
3.2. Preliminary Design Stage .................................................................................................................... 6
3.3. Delivery of tender drawings, BOQs, special conditions and specifications ....................................... 8
3.4. Detailed Design Stage........................................................................................................................ 10
3.5. Good For Construction (GFC) Drawing Stage:................................................................................... 14
3.6. Construction Stage ............................................................................................................................ 15
3.7. Services to be provided by the consultant during construction stage ............................................ 15
4. PROOF CHECKING CONSULTANT ............................................................................................................... 16
5. DELIVERABLES / MODE OF PAYMENT ....................................................................................................... 18
6. GENERAL ..................................................................................................................................................... 19
7. DRAWING……………………………………………………………………………………………………………………………………………..20
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
1. INTRODUCTION
Gandhinagar, the Capital of Gujarat, is a carefully planned city on the lines of Chandigarh. The city is
divided in 30 well-planned sectors, which are generally self-contained. The core of the city is the Assembly
Building (Vidhan Sabha) with administrative offices and Secretariat surrounding it. Gandhinagar is well
connected with Ahmedabad through highway from the city as well as Airport. The rail connection to
Ahmedabad is also available.
Gujarat Metro Rail Corporation (GMRC) Limited, a special purpose vehicle of the Government of Gujarat,
has been set up to implement the project of construction of Phase II of Metro Construction which includes
extension of North South Corridor upto Gandhi Nagar. There are further metro extensions coming up to
Gift city and Airport.
As per the detailed project report of Phase I and Phase II , a dedicated state of the art headquarter building
is to be constructed for GMRCL at Indroda , Gandhinagar. This tender is for appointment of the DDC for
Architectural, structural , services , system design etc. GMRCL is a prestigious organization and is seen as
a model PSU department. The headquarter building should also be a unique benchmark building matching
with the expectations of a reputed organization like GMRCL
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
2. DESIGN BRIEF
Metro Bhavan Headquarter at Indroda Depot, for Gujarat Metro Rail Corporation limited
A plot of area approx. 7,000 sq,mt is available in Indora Metro Depot, Gandhinagar for the construction of
Metro Bhavan Headquarter with. The land /air space is to be planned for prestigious corporate Headquarter
building matching international standards for which the details shall be worked out within the prescribed and
approved norms and agreement with various local bodies.
a. The Site
The proposed approx. 7,000 sq,mt site is situated near CH-0, , near Indorda Park, Gandhinagar. For the purpose
of Metro Bhavan Headquarter, the Indroda Depot land is to be utilized.
The development norms as per Comprehensive General Development Control Regulations and subsequent
modifications notified from time to time as in force for govt. office building shall be followed. The maximum
height restrictions /Clearances from Air funnel requirements may also be got verified.
c. Requirements:
The building shall house the offices of Gujarat Metro and Operational Control Centre. The total covered area
shall be approx. 9294 m². The offices shall be centrally air conditioned with modern amenities. Provision for
parking shall be made in Basement/Ground as per the required norms.
The approximate estimated cost of the project is Rs. 89.71Cr. (Incl. taxes)
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
3. SCOPE OF WORK
3.1. Conceptual Design Stage
a. General
Concept plan shall mean the conceptual plan prepared by the DDC for getting the approval from
GMRC. It should clearly explain design intent, broad area calculation through site plan, plans of each
level, Elevations, 3D views etc. for the approval from GMRC.
b. Submission of Documents
5 sets of concept report including design alternatives with cost comparison;
Presentation.
3. The consultant shall prepare documents for meeting and presentations with local authorities in regard
to design of Metro Bhawan, road widening, parking requirements and processing of the application
for change of land use, etc if required.
2. The consultant shall study in detail the conceptual plan approved by the GMRC and to improve the
design in order to make the building functionally and aesthetically of international standard.
3. The consultant shall present the conceptual scheme to various local authorities, prepare necessary
documents and models for meetings obtain approval of all competent authorities / statutory bodies
necessary according to the local Acts, Regulations etc. and make any changes desired by such
authorities.
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
4. The consultant shall liaison with local authorities to get the land use changed, if required.
5. The consultant shall take prior approval of the names of the sub-consultants to be employed. The
consultant shall be fully responsible for the correctness and accuracy of conceptual plans with regard
to the FAR and other building by-laws in force. The consultant and his sub consultants shall certify in
writing that the designs are in accordance with the up to date & relevant building by-laws.
6. The consultant shall furnish programme and schedule details of the various activities involved in the
scope of the work starting from the date of agreement up to the stage of obtaining completion
certificate from the local bodies.
7. Civil works: The DDC shall perform Design Alternatives for the conceptual design drawings. DDC shall
develop alternative layouts and designs for Metro Bhavan. The DDC shall incorporate in its design, the
relevant seismic criteria, earthquake design and other codal provisions, as required by the design
criteria.
The aim at this stage is to develop the conclusions of the Value Engineering of the Detailed Project
Report. After the definition of the main principles and needs of the project, the main dimensions of
the structures with integration of system requirements and others services, will be defined. The
objective will be to reach a sufficient level of design for the Tendering process, that is: definition of the
functional aspects and architectural layout; definition of the final geometry of the works; selection of
the construction methods; definition of the construction sequences; pre dimensioning of the main
bearing structural elements; definition of reinforcement ratios; identification of all the requirement
for mitigation measures, if any; definition of the requirements for monitoring the works through
proper instrumentation.
Set up Technical framework for the project: lists of specifications and standard selected (design and
construction) including DBR. If needed, the DDC shall request GMRC for additional surveys. The DDC
will prepare the Geotechnical Interpretation Report, indicating the uncertainties, the residual risk and
suggesting to GMRC the type of foundation with engineering.
Justification of the proposed construction methodology: type of retaining structures for deep
excavations, etc.
As an intermediate output, the DDC will submit a report summarizing the different options and
propose recommendations for each structure type. The said report will highlight the benefits of the
proposed solution in terms of cost, quality and planning.
As a final output, drawings and BOQ shall form the Tender document for civil Contractor to bid. The
Tender documents will be based on design calculation with a reasonable allowance for variation at
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
Detailed Design stage. Design calculation report shall contain design of all the structural elements with
reinforcement requirement considering the applicable codal provisions and accordingly drawings shall
be compiled.
DDC shall submit all editable STAAD/Midas/or any other input files used, excel files workable files
(with unlock password with all macros enabled).
8. The scope of work at preliminary design stage for Electrical, Heat ventilation and Air conditioning
(HVAC), Fire detection and alarm (FDA), Firefighting and protection, Solar and BMS system as follow
Preparation of Conceptual Design report.
Space planning of Auxiliary Substation (ASS), DG and UPS room and IT/server room at GF and
Panel room and system room at each floor.
Space planning of HVAC Units at each floor.
Space planning for Pump room, fire water tank and equipment room planning for Fire Fighting
protection system (Internal and External hydrant, Sprinkler system etc).
c. Submission of Documents
5 full size (A-1) sets of drawings (including 5 additional sets of full size (A-1) utility drawings);
Presentation
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
The DDC shall incorporate and co-ordinate designs and prepare drawings and documentation for the
following system wide elements which will be used in Metro Bhavan Head Quarter:
Finishes Schedules: Floor Finishes; Wall and Column Finishes; Ceiling Systems and Finishes.
Railings, Barriers and Gates
Stair and Handrail Details
Escalator Finishes Details
Lift Finishes Details
Doors and Frames
Miscellaneous Public Area Details.
Public and Staff Toilet Room Details.
Staff Rooms Details.
Signage Scheme: Location layout drawings, tender drawings and documents, BOQ estimate,
technical specification, graphics detail, interface document with E&M all complete.
Signs and Graphics Details
Landscaping and External Works
Plans, Sections, Elevations and Details of Metro Bhavan Headquarter
The DDC shall prepare Standard Specifications for architectural standard design elements and for the
supply and installation of architectural standard finishes and materials including Specifications for any
site-specific non-standard material that is to be incorporated into the design. Architectural Standard
Specifications shall include but not be limited to the following:
Site work: Granite Kerbs, Concrete Kerbs, Natural Stone Pavers, Brick Pavers, Concrete Block
Pavers and Grass-Concrete Pavers.
Concrete: Concrete Floor Surface Treatments; Precast Concrete Architectural Panels; Glass
Reinforced Cement Panels.
Masonry: Mortar, Grout and accessories for Granite or Other Stone; Mortar Grout and
Accessories for Paver Tile; Mortar and Grout for Masonry and Exterior Setting Beds; Granite
or Other Stone Flooring and Bases; Granite or Other Stone; Cubic and Veneer.
Metals: Vitreous Enamelled Steel Panels; Barriers and Railings; Drain Grates and Manhole
Covers.
Thermal and Moisture Protection: Sealants.
Doors and Windows: Entrances and Storefronts; Hollow Metal Doors and Frames; Rolling
Grilles; Glass and Glazing.
Finishes: Paver Tile; Wall Tile; Metal Ceilings; Field Painting.
Specialties: Toilet Partitions and Accessories; Equipment Cabinets; Graphics and Signage;
Ashtray and Litter Bins; Telephone Enclosures; Booths and Workstations.
Mechanical Work: Plumbing Fixtures and Trim.
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
DDC shall prepare the Civil & E&M works and other building services Tender Documents. The DDC shall
prepare the Bills of Quantities, Special Conditions of Contract, interface matrix and Technical
Specifications, including the Scope of Work.
The DDC shall provide additional design and other information not included in the Tender Documents
as may be required by GMRC. This shall include, but not be limited to:
b. Document Submission
2. Preparation of conceptual design of traffic integration areas with Metro Depot/ station etc.
3. Detailing of the overall scheme, as approved by GMRC at preliminary stage, and obtaining approval
from all Statutory Authorities/ local authorities.
4. Detailed designing relating to architecture, structural, HVAC, Telecom , lift, escalators , Drainage ,
plumbing , fire fighting, sewerage treatment and other, PHE utilities and site development works
including road widening, and parking and traffic integration as mentioned in detailed scope of work.
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6. DDC to obtain all necessary required and applicable permissions/approvals from local
authorities/Govt. bodies/stakeholders.
2. The Consultant shall indicate type of tests, number of borehole location, depths for carrying out soil
investigation.
3. The consultant shall carry out preliminaries planning and designing of all internal and external utility
services like fire fighting, lifts, Escalator, communication, electrical internal & external,
conditioning/mechanical ventilation, HVAC, telecom, building management system, water supply, ,
sewerage treatment plant, soil waste disposal, storm water drainage, street lighting/compound
lighting, landscaping, development plan, traffic integration, path, parks, paved areas, drains,
compound walls, parking, external lighting indicating scope, external services, external development,
specifications, etc and costs separately for each sub-head. Any other services required for functioning
of building apart from above mentioned services, to be provided by consultant. However, the client
reserves the right to exclude any of the above services from the scope of the consultant's work.
4. The Consultant shall obtain the approval of all competent authorities/ statutory bodies necessary
according to local acts, building bylaws, regulations etc. and make any changes desired by such
authorities.
5. The Consultant shall obtain the approval of the client for all items of work and to any subsequent
changes and deviations and to computations of all designs including structural designs, drawings and
services designs, which shall be in accordance with the latest I.S. Codes of practice. Such detailed
computations shall be made available to the client in duplicate for approval and checking, which the
client may like to exercise for scrutiny.
6. Civil Works:-
In order to ensure the compatibility with the Preliminary Design, Detail Design Consultants have to
perform detailed design. The DDC is also required to carry out proof checking of all temporary
structures & enabling works including construction scheme and method statement proposed by the
civil contractors.
The proof-checking, which will require counter-calculations to be performed, will mainly focus on the
adequacy between calculation reports and drawings, and ensure compatibility with contract
provisions & proposed construction sequence. Interfaces and functional requirements will also be
considered. In addition, GMRC expects technical support from the DDC in review of variation claims
(if any).
The key aspects covered by the proof checker and DDC will be:
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Reference standards;
Design Basis Report;
Design Criteria;
Interpretation of the geotechnical and hydrogeological investigations;
Identification of the initial geological, geotechnical and construction risks and quantification
of the mitigation measures and contingency measures during construction to reduce the
residual risks;
Construction method and construction sequence;
Applied load cases and design assumptions;
Methods of analysis, which have to be appropriate and valid;
Geotechnical and structural design of the temporary and permanent works;
Ultimate and service design capacities of all components;
Fabrication Drawings for all Steel Structure works;
Proof checking of temporary works (including scaffolding, shuttering details etc.) to facilitate
the construction of permanent works;
Overall stability of the structures in both the short and long term conditions;
Water tightness requirements and proposed technical solutions;
Construction and reinforcement details;
Design of the mitigation measures;
Suitability of the design to the construction methodology adopted by the civil Contractor;
Integrity of structural member and structures as a whole;
Constructability;
Monitoring design;
Interface drawings: civil works / M&E equipment;
At this stage, it is necessary to precisely define and fine tune the main dimension of the structures, with
integration of latest information from systems, and others services. The interpretation of the Survey’s Work
campaign and its outputs will be incorporated at this stage. To perform the Detailed Design of Civil Works, the
main interface features shall be validated as an input as also approved the Preliminary Design of the selected
alternative(s).
7. The detail scope at detail design stage for Electrical, Heat ventilation and Air conditioning (HVAC), Fire
detection and alarm (FDA), Firefighting and protection, Solar and BMS system as follow.
All calculations like, Sizing of Transformer, DG and E&M UPS with battery sizing, Sizing of
Hybrid PFC panel for power factor correction and harmonic distortion, Cable sizing short
circuit and voltage drop calculation, Power and Lighting Bus trunk sizing, LPS risk analysis,
Hybrid PFC sizing, Earth mat design as per IEEE/BIS for system neutral and equipments, clean
earth for Telecom and signaling system and other ELV system etc.
Effective Illumination dial lux design as per latest green building code, Proximity based
(Occupancy and Day light based) sensor light in entire building to save energy.
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Design of Raceway, trenches and Cable tray along with routing for LT power and other System
cables.
Electrical power distribution for Normal (Transformer sizing), Emergency (DG back up) and
Essential (UPS back up) including LT Switchgears, Main L.T. Panel, Floor Panels & Distribution
boards, lighting, receptacle circuit distribution.
Fire alarm and detection system along with its battery sizing in normal and fire/alarm mode,
cause and matrix diagram etc.
Calculation of solar power generation at Roof, car park, façade etc with simulation study and
its report, power evacuation point, Preparation of Solar panel module mounting structure
layout, Array layout, AC and DC Single line diagram etc.
Proposal along with all details necessary for Electrical car charging stations for Electric
Vehicles and ATM.
AV/IT (including motorized screen with touch pad at table top and touch screen) in all board
rooms and conference rooms.
All calculation like Heat load as per equipment9s heat dissipation data and equipment
selection, Ventilation design as per Air changes per hours and equipment sizing.
Finalization of ACs and ventilations in rooms, Ventilation requirement for Basement car park.
External and Internal Hydrant hydraulic calculation, Sprinkler hydraulic calculation, pump
sizing, Node diagram for Hydrant and sprinkler system along with calculation, pressure vessel
calculation etc.
Firefighting protection layout for internal and external system including detail pump room
layout as per requirement of NFPA/BIS/NBC and local Fire officer.
Arrange necessary documentation for certification of green building (IGBC/GRIHA/LEED).
Preparation of Tender drawings like Single Line diagram, Lighting and power layout covers
wiring cum DB schedule, circuit schedule for load balancing, External lighting layout, External
and internal Cable containment covers Cable tray and raceway layout along with its sizing,
cable index matrix sheet for different systems, Earthing and lightning protection layout along
with schematic, Fire detection and alarm schematic and layout, BMS schematic and layout.
All design, calculations etc. shall be in compliance to relevant standards of latest version e.g.
IS standards, IEC standards, Indian Electricity code, NBC, ECBC etc.
Preparation of Design Basis Report along require document for tender like Technical
specification, BOQ, Cost and rate analysis.
C. Document Submission
5 full size (A-1) sets of drawings (including 5 additional sets of full size (A-1) utility drawings);
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5 copies of additional topographical surveys and field surveys (if applicable); Presentation & soft copies
of drawings, all STAAD input files, excel files used in the design calculations.
2. Obtaining approval of the client to above and modifying them if considered necessary by the client
and/or if the cost exceeds the estimated cost by over 5% (five percent).
3. Obtaining any further approval of local bodies and statutory authorities if required and making any
change required by them.
4. Co-ordinating, designing and issuing GFC for Architectural, structural, Engineering and Surveying work
and preparing, complete working details, schedules, specifications and Bill of Quantities to describe
the whole project adequately for the purpose of taking approval of the client and of all the local bodies
and for placing the main and other subsidiary contracts by the client.
5. Preparing and supplying along with Bills of Quantities details of calculations of all items of works
together with details of specifications of all special items complete with detailed architectural
drawings, structural drawing, foundations drawings, E&M etc. along with detailed estimates on
standard schedules and norms of CPWD/DSR and tender documents to enable the client to invite
tenders.
6. For non-scheduled items the consultant shall furnish analysis of rates based on current market rates
with supporting documents/back up papers etc.
7. The consultant shall verify Bill of Quantities of each schedule before issuance of tender documents
and also confirm to GMRC that all items of works have been incorporated in the BOQ documents.
8. The consultant shall be available for any clarifications to the intending bidders, either through a pre
bid conference organised by the client or otherwise, on the drawings/designs/schedule of items
prepared by them.
9. The consultant shall process and prepare documents of conceptual scheme for traffic integration with
metro station/Depot.
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10. The DDC shall submit to GMRC a complete set of "Good for Construction" drawings (duly stamped and
signed by DDC and proof check consultant) for that contract that has been produced as a coordinated
package.
11. Preparation of Construction reference drawing (CRD), Structural Electrical and Mechanical (SEM)
layout, Combine service drawing (CRD), Wall opening drawing (WOD) pertaining to E&M works.
13. Require all necessary support and documents for clearance of Pre fire NOC, Fire NOC, Chief Electrical
inspector, CPCB/GPCB and any other statutory requirement for approval.
d. Document submission
5 half size (A-3) sets of prints of drawings;
2. Obtain client's approval for any material deviation in design, working drawings, schedules and
specifications from the approval scheme.
3. Analyse and incorporate in design/drawings the results of initial load tests in piles (in case the same
are provided as foundation system for multi- storeyed blocks).
2. Give necessary periodic supervision and inspection once every fortnight during the progress of work
and, as and when required by the client to verify that the works are being executed generally in
accordance with the working drawings and as per architectural concept. Advice client on progress of
work and its conformity with drawings issued for work.
3. Make changes in drawings/designs for execution if necessary, for technical reasons and advises clients
on such changes.
4. Prepare GFC including elevations and section and indicating details of building and all services and
supply 5 sets of completion drawings to the client including one reproducible in the same size and one
Auto CAD CD.
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
5. Assist GMRC in obtaining completion certificates as well as service connection including at appropriate
stages from the local bodies. They shall also obtain Fire clearance certificate, lift inspection certificate
and clearance from [power supply authority for sub-station connection.
6. Review and approval of shop drawing and as built layout prepared by Contractor pertaining to E&M
works.
7. Require all necessary support and documents for clearance of Pre fire NOC, Fire NOC, Chief Electrical
inspector, CPCB/GPCB and any other statutory requirement for approval.
The entire work to be done by DDC (Structure Design/ Architecture Design/ E&M/PHE/ Fire fighting/
TVS & VAC etc.) should be proof checked by the Consultant to be proposed by the bidder meeting the
following eligibility requirement.
Proof Checking Consultant (PCC) shall sign all drawings and issue certificate of proof checked design
with each design note signed by him. PCC shall review all the concepts and preliminary designs and
check that proposed design by DDC is in line with relevant standards and certify that the proposed
design is adequate, safe, constructible and maintainable. PCC shall submit independent design
calculations at each stage. DDC and PCC shall ensure for correctness of design and drwgs and have
the potential to affect the safety, quality and durability of the permanent works. However, approval
from GMRC does not absolve DDC of its primary responsibility if, the correctness of designs and
safety of the structures;
Proof checking of temporary works (including scaffolding, shuttering details etc.) to facilitate the
construction of permanent works;
Proof Checking of civil Contractor’s Construction method and construction sequence; including design
of enabling work/ construction scheme/ lifting plans etc.
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
c) The Proof Checking Consultant should submit Professional Indemnity Insurance to GMRC equal to the
total amount payable to Proof Checking Consultant under this Contract, in addition to any Professional
Indemnity Insurance to be maintained towards DDC under his terms of engagement with them.
Note:
Minimum fees of the Proof Checking Consultant shall be 8.25% of the sum of amount quoted for DDC
works.
In case, the proposed PCC doesn’t meet the eligibility requirement for proof checking, GMRC reserves
the right to propose any PCC on its own that meets the above requirement.
Notwithstanding the direct payment to Proof Checking Consultant and Professional Indemnity
Insurance in favor of GMRC, the responsibility, correctness and efficiency & economy in design will
rest with DDC and who will submit the Performance Bank Guarantee for the entire amount of Contract
including for the amount payable to Proof Checking Consultant.
At least one member of Proof Checking Consultant should attend the meetings in Ahmedabad /
Gandhinagar office as and when required by DDC or GMRC till completion of the project.
If Proof Checking Consultant/ Sub Consultant appointed do not complete the work or left the work,
GMRC will appoint suitable Proof Check Consultant to complete the work on risk and cost of main DDC
Consultant.
A bidder as a Consortium/JV member is allowed as a sub consultant/ Proof checker for another bidder
(consortium/JV member).
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Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
( For Architecture, Structure, E&M, HVAC, Telecom , lift/ escalators , Drainage , plumbing , fire fighting,
sewerage treatment, site development and any activity required for the completion of Metro Bhavan) :
The amount of fees and the time schedule will be as below, subject to furnishing of performance
guarantee:
18 | P a g e GMRC
Tender no. GMRC/DDC/METRO BHAWAN/AHMEDABAD/2023
6. GENERAL
a) Faulty Design:
In case, there is any loss or collapse of structure due to the faulty design, drawing, calculations &
specifications, the DDC shall be penalised to make good the loss done to the same as imposed by the
client. The decision of the client in this regard shall be final & binding.
b) Liabilities:
The DDC shall be responsible for any discrepancies, errors or omission in the drawings prepared &
supplied by them whether the same shall have been approved by client or not. Upon client's request
DDC shall promptly rectify the deficiency by amending/ replacing/ supplementing the deficient
drawings/ documents as appropriate at their own expense.
c) Abandonment of work:
That if the Consultant abandons the work for any reasons whatsoever or becomes incapacitated from
acting as Consultant as aforesaid, the client may make full use of all or any of the drawings prepared
by the Consultants and that the Consultant shall be liable to pay such damages as may be assessed by
the client subject to a maximum of 10% of the total payable to the Consultant under this agreement.
Provided, however, that in the event of the termination of the agreement being under proper notice
as provided in the clause hereafter, the Consultant shall be entitled to all such fee for the services
rendered and liable to refund any excess payment made to them over and above which is due to their
in accordance with the terms of this agreement for the. Services rendered by them till the date of
termination of agreement.
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Page no. 20
Tender No : GMRC/DDC/METRO BHAVAN/AHMEDABAD/2023 Financial Package
TENDER NO.:
GMRC/DDC/METRO BHAVAN/AHMEDABAD/2023
VOLUME – II
VOLUME - III
Financial Package
Financial Proposal
Cover Letter
Financial Proposal (Amount to be Quoted)
Preamble
Form of Tender
FINANCIAL PROPOSAL
COVER LETTER
FROM
To,
Sir,
Subject: Lumpsum Quoted Price for Contract ……………: Engagement of Detailed Design
Consultancy (DDC) Services for Metro Bhavan Headquarter for Gujarat Metro Rail
Corporation (GMRC) Limited At Indroda Circle (Ch-0 Circle), Gandhinagar
Full Name
Designation
Address
Note: If the DDC consists of more than one entity, they should also appear as signatories or submit the POA
in favour of authorised signatory.
Having examined the Tender Documents for Contract …….. as set out in your Notice of Invitation to Tender,
Instructions to Tenderers, the Conditions of Contract and the matters set out in the tender documents, we
undertake to provide Detailed Design Consultancy (DDC) Services for Metro Bhawan (Headquarter of
GMRCL) At Indroda Depot, Gandhinagar For Gujarat Metro Rail Corporation Limited”
The tenderer shall quote (Lumpsum) their offer in Indian Rupees only (Excl. GST).
BILL OF QUANTITIES
PREAMBLE
1. The Bill of Quantities / Financial Package shall be read in conjunction with Instructions to
Tenderers, General and Special Conditions of Contract, Notice Inviting Tenders and Scope
of Work.
2. Quoted amount comprises of Detailed Design Consultancy (DDC) Services for Metro
Bhawan (Headquarter of GMRCL) At Indroda Depot, Gandhinagar For Gujarat Metro Rail
Corporation Limited and as detailed in the Scope of Work.
3. The general breakup of the tasks to be accomplished for the stage payments are listed in
Annexure-1.
4. Errors will be corrected by the GMRC for any arithmetic errors in computation or summation
as per contract conditions.
5. Amount should be filled both in figures and words. In case of any discrepancy between the
two, the value provided in words shall be treated as sacrosanct. The key target dates for
each time bound task are placed in special condition of contract (SCC) / Scope of Work
(SoW).
(i) All the costs associated with the assignment shall be included in the Financial
Proposal. These shall normally cover remuneration for all the Professional and
Support Personnel and overhead expenditure such as travel, accommodation,
office space and equipments, printing and stationaries, surveys etc. The total
amount indicated in the Financial Proposal shall be without any condition attached
or subject to any assumption, and shall be final and binding. In case any
assumption or condition is indicated in the Financial Proposal, it shall be
considered non-responsive and liable to be rejected.
(ii) The Financial Proposal shall take into account all expenses, excluding tax liabilities.
For the avoidance of doubt, it is clarified that GST will be reimbursed at prevailing
rate against the submission of valid challan supported by the calculation of Input Tax
Credit availed along with the CA Certificate. Further, all payments shall be subject to
deduction of taxes at source as per Applicable Laws.
APPENDIX - 13A
Note:
1. The Tenderer shall indicate price adjustment against each deviation in Annexure 13A of BOQ. This price is the price
which the tenderer shall reduce from this tender price if deviation(s) is/are accepted by the Employer.
2. Where there is no deviation, the statement should be returned duly signed with an endorsement indicating ‘No
Deviations’. In case, Performa of deviations is not submitted or submitted as blank, it will be construed that the
tenderer has not proposed any deviations from tender documents.
3. If the tenderer proposes deviations in tender documents, and/or any other terms and conditions of the tender, other
than in this Annexure, it will have no effect.
ANNEXURE-1
PAYMENT SCHEDULE
GMRC shall make payments to the DDC based on the Stage Payments for each item, as
approved and accepted by the Employer. The stage payments will be made on completion of
the corresponding activities, after deducting Liquidated Damages, if any. For payment purpose
the total lump sum price will be divided as indicated in table below:-
Annexure- 2, DETAILS OF TAXES AND DUTIES (Tax Bifurcation) INR: Indian Rupees
Total
Note :1 DDC at any point of time shall be bound to share the details pertaining to the Input Tax Credit availed or to be availed along with the supporting
documents.
Note:2 In the Tax Schedule DDC shall require to furnish component wise tax details.
Note:3 GST will be reimbursed at prevailing rate against the submission of valid challan supported by the calculation of Input Tax Credit availed along
with the CA Certificate.
Note:4 GST TDS will be deducted from the invoice considering the prevailing rates
Note 5 : It shall be sole responsibility of DDC to pass all the accrue or to be accrued Input tax credit to GMRC as per Section 171 of CGST Act.