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Contract: BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC

Buildings including Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar
MRTS Phase-I Project

DELHI METRO RAIL CORPORATION LIMITED

Contract: BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot


Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I
Project .

CONTRACT NO: BBC-02

TENDER DOCUMENTS

VOLUME 1

NOTICE INVITING TENDER (NIT)

INSTRUCTIONS TO TENDERER (ITT)

FORM OF TENDER (FOT)

DELHI METRO RAIL CORPORATION LTD.

5th floor, A-Wing, METRO BHAWAN

FIRE BRIGADE LANE, Barakhamba Road,

New Delhi –110001

BBC-02/VOL-1/NIT, ITT & FOT Page 1


Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

DELHI METRO RAIL CORPORATION LIMITED

Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum
Workshop, OCC Buildings including Plumbing, Drainage, External Development
Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

TENDER DOCUMENTS

VOLUME-1

NOTICE INVITING TENDER (NIT)


INSTRUICTIONS TO TENDERER (ITT)
FORM OF TENDER (FOT)

DELHI METRO RAIL CORPORATION LIMITED


METRO BHAWAN
FIRE BRIGADE LANE

DMRC/BBC-02/Volume-1/NIT 1
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

VOLUME 1

NOTICE INVITING TENDER (NIT)

DMRC/BBC-02/Volume-1/NIT 2
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

NOTICE INVITING TENDER (NIT)

1.1 GENERAL (open e-Tender)


1.1.1 Name of Work:

Delhi Metro Rail Corporation (DMRC) Ltd. invites online open e-tenders from eligible
applicants, who fulfill qualification criteria as stipulated in Clause 1.1.3 of NIT, for the work
Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum
Workshop, OCC Buildings including Plumbing, Drainage, External Development
Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

The brief scope of the work is provided in the Employer’s Requirement – Functional
(Volume-3).
1.1.2 Key details:

Approximate cost of work INR 104.74 Crores (inclusive of all taxes)

Amount of Tender Security: - INR 52.37 Lakhs

Validity of Tender Security in case of BG/FDR/TDR:


17.08.2024
Tender Security
Tender Security (in original) as per clause C18 of ITT
shall be accepted only upto 06.03.2024 (latest by
15:00 hrs) in the office of Sr. GM/Contracts at the
address mentioned hereinafter.
In case of RTGS/NEFT/IMPS transactions, bidders
shall upload the scanned copies of transaction of
payment of tender security / EMD including e-receipt
(clearly indicating UTR No. and tender reference i.e.
BBC-02 must be entered in remarks at the time of
online transaction of payment, failing which payment
may not be considered) to be uploaded in online bid
submission. The detail of bank account of DMRC is
mentioned below this table.
Note: Bidders to note that the payment of tender
security shall be made from the account of bidder
only. However, in case of JV/ Consortium, the tender
security can either be paid from JV/Consortium
account or one of the constituent member of
JV/Consortium.
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.
For further details, clause C18 of ITT may be referred.

Completion period of the Work 36 (Thirty Six) Months

DMRC/BBC-02/Volume-1/NIT 3
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

From 24.01.2024 to 06.03.2024 (up to 1500 hrs) on


e-tendering website
https://eprocure.gov.in/eprocure/app.
Tender documents on sale Tender document can only be obtained online after
registration of tenderer on the
website https://eprocure.gov.in/eprocure/app. For
further information in this regard bidders are advised
to contact on 0120-4200 462, 0120-4001 002/5,
0120-6277 787 or 011-23417910/12.

INR 23,600/- (inclusive of 18% GST) Non-


Refundable
(Payment of tender document cost/ tender fee is to be
made only by RTGS, NEFT & IMPS. No other mode
of payment will be accepted. The details of bank
account of DMRC are mentioned below. The bidders
are required to upload scanned copies of transaction
Cost of Tender documents of payment of tender document cost/tender fee
including e-receipt (clearly indicating UTR No. &
tender reference i.e. BBC-02 must be entered in the
remarks at the time of online transaction of payment,
failing which payment may not be considered) to be
uploaded in online bid submission. No copies of
transaction of payment are required to be sent to the
office of Sr. General Manager/Contracts.
Note: The payment of the tender cost is acceptable
from any account. However, tenderer shall submit
such transaction details along with their tender
submission on e-portal. If the same transaction
reference number has been submitted for more than
one bids. All such bids shall be considered ineligible
and summarily rejected.
Copy of GST registration no. to be provided along
with Tender document cost/ Tender Fee.
15.02.2024 upto 1700 hrs.
Last date of Seeking Clarifications
Bidders to note that seeking clarification on the tender
shall be done by sending it either on registered official
email id of DMRC i.e. gmcontracts@dmrc.org or on
e-tendering portal only. Seeking clarification by fax or
post will not be considered.
Queries/clarifications from bidders after due date and
time shall not be acknowledged.
Pre-bid Meeting 16.02.2024 at 1100 hrs.
The Pre-bid meeting shall be conducted through
video conferencing by software apps such as Cisco
webex etc.
All prospective bidders shall have to provide the
details of the person(s) (maximum up to two) who will
be participating in such virtual meeting at least one
day before the meeting (latest by 1100 hrs on
15.02.2024) to the registered official email of DMRC
i.e. gmcontracts@dmrc.org so that links having
details such as software, meeting ID, password etc.
can be mailed to these persons at least 12 hours
before the scheduled virtual pre- bid meeting.

DMRC/BBC-02/Volume-1/NIT 4
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

Last date of issuing addendum (if any) 27.02.2024

Date & time of Submission of Tender online Tender submission start date: 28.02.2024 (0900 hrs).
Tender submission end date: 06.03.2024 (1500 hrs).

Date & time of opening of Tender online 07.03.2024 at 1500 hrs.

Authority for purchase of tender Sr. General Manager/Contracts,


documents (in case of physical tenders), Delhi Metro Rail Corporation,
seeking clarifications and submission of 5th floor, A-Wing, Metro Bhawan,
completed tender documents Fire Brigade Lane, Barakhamba Road,
New Delhi –110 001.
Email id: - gmcontracts@dmrc.org

To facilitate payment of Tender Fee and Tender Security through RTGS, NEFT & IMPS,
the details of bank account of DMRC is mentioned below:

Name of Bank Bank’s Address Account Name & No. Account Type IFSC code

9A, Phelps Building,


DMRC Ltd.
ICICI Bank Connaught Place, Tender Cell A/C, Current ICIC0000007
New Delhi-110001 000705045337

1.1.2.1 This is a Bhubaneswar Metro Rail Corporation Ltd. (BMRCL) Non-JICA Funded work.
This is a BMRCL funded work. As per the MOU signed between DMRC and BMRCL, this work is
being executed by the DMRC on deposit work basis wherein there is a provision of ‘Defect Liability’
(in addition to the provisions of Clause 10 of GCC) which states as: “DMRC shall administer and
oversee the Defect Liability/guaranty/warrantee/AMC provisions as per individual contract
conditions for a period of 1 year only from the on set of DLP and after completion of above 1 year,
compliance to DLP obligations as per contract conditions with the contractor shall be monitored by
the BMRCL. In addition to complying provisions of Clause 10 of GCC, the contractor shall also
indemnify the DMRC, BMRCL, and its officers for any loss or damage sustained by it on account of
any fault or negligence in the designing, execution, operation and use of the metro services if any
untoward incident occurred for these reasons within the defect liability period.”
Tenderers to note the above provisions of MOU while submitting their tender.

1.1.3 QUALIFICATION CRITERIA:


1.1.3.1 Eligible Applicants :

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 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. Also, each member shall be individually responsible for its duties as
specified in the MOU/JV agreement submitted by the bidder in terms of clause 1.1.3.1 vii d.

Performance of each JV/Consortium partner shall also be judged on quarterly basis.


In case, the performance of the partner(s) is not found satisfactory, actions as deemed
appropriate by the Employer may be taken including termination of contract or termination
of any of JV/Consortium member(s) from the contract i.e Part Termination of the contract.
DMRC/BBC-02/Volume-1/NIT 5
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

In case of part termination of contract, the Performance Security(ies) submitted by the


member(s) for their portion of work in contract as per their share in JV/Consortium shall be
forfeited and the scope of the work/duties assigned to the defaulting JV/Consortium
member(s) as per the MOU/agreement submitted, may be terminated, however, same may
be done by the Employer only if other member(s) of JV/Consortium are ready to complete
the entire scope of work. In such a case, remaining works pertaining to the scope of
defaulting member of JV, may be completed by other member(s) of JV in the following
manner:

(i) At their own, if they have adequate technical competence to the satisfaction of
Employer.
(ii) By subcontracting such scope of work of defaulting member(s) to technically
competent Agency with the consent of Employer & without any financial implication to
the Employer. In such cases, the limit of subcontracting the works up to 50% of total
scope of work shall not apply.
(iii) By induction of new member having adequate technical competence and meeting the
original tender eligibility conditions, acceptable to the Employer in JV/Consortium
replacing the defaulting member(s) & without any financial implication to the
Employer. The new member(s) shall be jointly & severally liable for the performance
of the whole contract and also shall submit the Performance Security from their bank
account for an amount equivalent to the amount of forfeited amount of Performance
security of defaulting member.

In case of (i) & (ii) above, forfeited amount of Performance Security(ies) of the
defaulting member(s) shall be submitted by other member(s) of the JV/Consortium.

Further, the performance of each of JV/Consortium member may also be


specifically stated in the Work experience Certificate / performance Certificates
which may be issued to the bidder during or after execution of Work for their
Business Development purposes.

In this regard, an undertaking by JV/Consortium members is required to be


submitted as per the format Appendix-6A of Form of Tender.

ii. (a) A non-Indian bidder (not restricted as defined in Clause 1.1.3.1 x below) is permitted to
tender only in a joint venture or consortium arrangement with Indian Contractor or their
wholly owned Indian subsidiary registered in India under Companies Act-2013. In such
JV/Consortium, Indian contractor or Indian subsidiary (owned by foreign bidder) shall have
minimum 74% participation and non-Indian bidder shall have maximum 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/Association 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
DMRC/BBC-02/Volume-1/NIT 6
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

(c) a tenderer lends, or temporarily seconds its personnel to firms or organizations 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.
iv. The payment of the tender cost is acceptable from any account. However, tenderer shall submit
such transaction details along with their tender submission on e-portal. If the same transaction
reference number has been submitted for more than one bids, all such bids shall be considered
ineligible and summarily rejected.
v (a) DMRC/ Any Other Metro Organization (100% owned by Govt.)/ Ministry of Housing & Urban
Affairs/ Order of Ministry of Commerce, applicable for all Ministries 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 DMRC/
Any Other Metro Organization (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 ongoing Civil Engineering works awarded by DMRC/ any other Metro
Organization (100% owned by Govt.) of value more than 40% of NIT cost of work and also for
all the completed Civil Engineering works awarded by DMRC/ any other Metro Organization
(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, 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 (for ongoing works) falling 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 on-going works. In case the
tenderer does not have any work falling in 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 DMRC/
any other Metro Organization (100% owned by Govt.) must have been neither penalized 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 Civil Engineering
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). Tenderer (any member in case of JV/Consortium) must not have suffered
bankruptcy/insolvency during the last five (5) years (from the last day of previous month of
tender submission). The tenderer should submit undertaking to this effect in Appendix – 21 of
Form of Tender.

v(f). The tenderer (each individual member separately in case of JV/Consortium) shall not have total
amount of dispute in their pending litigation more than Fifty percent (50%) of the tenderer’s net
DMRC/BBC-02/Volume-1/NIT 7
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

worth (each individual member separately in case of JV/Consortium). The tenderer (each
individual member separately in case of JV/Consortium) shall be examined for all pending
litigation from all contracts completed or all ongoing contracts. The tenderer (each individual
member separately in case of JV/Consortium) shall provide detailed information of all such
pending litigations in the prescribed proforma given in Appendix-27 of Form of Tender. The
details of all pending litigation shall comprise of all pending arbitration cases and also all
pending court cases irrespective of whether these litigations have been initiated by the tenderer
against their employer/client or by the client/employer against the tenderer. The amount of
disputes shall also comprise of all the claim amount and also all counter-claim amount in such
arbitration/court cases.

v(g) If the Tenderer or any of the constituent JV/Consortium member(s) does not meet the criteria
stated in the Appendix 19 or Appendix-19A or Appendix-20 or Appendix-21 or pending litigation
criteria as per Clause 1.1.3.1 v(f), the tenderer including the constituent JV/Consortium
member(s) shall be considered ineligible for participation in tender process and they shall be
considered ineligible applicants in terms of Clause 1.1.3.1 of NIT.

vi. 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 or Appendix-21 or information submitted in Appendix-27, the same will be
considered as “fraudulent practice” under Clause 4.33.1 a (ii) of GCC and the tender
submission of such tenderers will be rejected besides taking further action as per Clause 4.33.1
(b) and 13.2.1 of GCC.

vii. LEAD PARTNER/ NON-SUBSTANTIAL PARTNERS/ CHANGE IN JV/ CONSORTIUM


a. Indian Contractor / Indian Subsidiary of JV/ Consortium must be the lead partner. Also lead
partner must be a substantial partner in the JV/Consortium i.e. it should have a minimum of
26% participation in JV/Consortium. Each substantial partner in case of JV/Consortium shall
have experience of executing at least one "similar work/specific work” of minimum 40% of
NIT value in last 07 years. The tenderer shall submit details of above work in the Performa of
Appendix-17 & 17A of FOT as per Notes to Clause 1.1.3.2A of NIT.
b. Each Non-substantial partner should have a minimum of 20% participation in the JV/
Consortium. 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. However, in this
tender for Civil / Electrical / Signaling / Tracks & Other System Works **, a Joint Venture /
Consortium to qualify, each of its non-substantial partner must have experience of executing
at least one Civil / Electrical / Signaling / Tracks & Other System Work** of minimum 20% of
NIT value in last 07 years. ** Strike whichever are not applicable The tenderer shall submit
details of above works in the Performa of Appendix-17 & 17A of FOT etc. as per Notes to
Clause 1.1.3.2.A of NIT.

c. In case of JV/Consortium, change in constitution or percentage participation shall not be


permitted at any stage after their submission of bids. In case of changes during tendering
stage, the bid 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 particularly with reference to
financial, technical and other obligations 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 GCC clause 4.33.1 [a (ii) and (iii)] and acted
DMRC/BBC-02/Volume-1/NIT 8
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

accordingly.

Note:- The MOU may stipulates mandatory information to be provided. However, bidder can
include additional details/arrangements finalized between the members in this MOU provided
these additional details/arrangements should not be in contravention of Employer's interest as
per terms and conditions of Contract. Bidder may further note that no separate MOU/JV
agreement should be executed for the sake of working arrangement amongst the partners
other than the MOU/JV agreement accepted by the Employer.

In case, it comes to notice of DMRC either during or even after completion of Work that JV/
Consortium members have either altered / modified the MOU / JV agreement w.r.t. to the MOU
submitted at tendering stage or entered a separate MOU/agreement or made any other
arrangement akin to a contract without the specific approval of Employer in writing, it shall be
treated as a fraudulent practice under GCC clause 4.33.1(a) (ii) of this tender for which every
constituent of the JV/Consortia is liable to be debarred for a period up to three years along
with such other legal actions as may be permissible under the law.

The JV/Consortium members shall submit undertaking to this effect in Appendix -6A of
Form of Tender.

e. The Employer in such cases, may in its sole discretion take action under clause 4.33.1 (b) 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 DMRC or take action to terminate the
contract in part or whole under clause 13 of GCC 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 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 JV with
minimum 26% participation each (as substantial member) for such member(s).

ix. Purchase Preference to Class-I local supplier/Preference to Make In India


a) Definitions:
i. ‘Local content’ means the amount of value added in India which shall, unless otherwise
prescribed by the Nodal Ministry, be the total value of the item procured (excluding net domestic
indirect taxes) minus the value of imported content in the item (including all custom duties) as a
proportion of the total value, in percent.
ii. ‘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 90%
for the subject tender.
iii. ‘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 90%, 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).
iv. ‘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%, as defined under the Order No. P-
DMRC/BBC-02/Volume-1/NIT 9
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

45021/2/2017-PP (BE-II) dated 04.06.2020 issued by DPIIT.


v. ‘L1’ means the lowest tender or lowest bid or the lowest quotation received in a tender, bidding
process or other procurement solicitation as adjudged in the evaluation process as per the tender
or other procurement solicitation.
vi. ‘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.
b) Procedure for Purchase Preference to ‘Class-I local supplier’ in procurement of goods or
works which are divisible in nature: NOT APPLICABLE FOR THE SUBJECT TENDER
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is ‘Class-I 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.
c) Procedure for Purchase Preference to ‘Class-I local supplier’ 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 ‘Class-I 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.”
d) Minimum Local content and verification of local content:

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 (in case of companies) or from a practicing cost accountant or practicing
chartered accountant (in respect of suppliers other than companies) 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
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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

and Appendix-24 of FOT duly filled to be uploaded along with the technical bid. In case, bidder
do not upload 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).

e) Complaints relating to implementation of Purchase Preference


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.
f) Only Class-I local supplier & Class-II local supplier is eligible to bid in this tender.

x. Restriction of Bidders from Countries sharing Land Borders with India:


Any bidder from a country which shares a land border with India will be eligible to bid as a member
of a JV / Consortium only if the bidder is registered with the Competent Authority. The Competent
Authority for registration will be the Registration Committee constituted by the Department for
Promotion of Industry and Internal trade (DPIIT). Political & Security clearance from the Ministries
of External and Home Affairs respectively will be mandatory. However, above condition shall not
apply to bidders from those countries (even if sharing a land border with India) to which the
Government of India has extended lines of credit or in which the Government of India is engaged
in development projects. Updated lists of countries to which lines of credit have been extended or
in which development projects are undertaken are given in the website of the Ministry of External
Affairs.
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.
Certificate of Compliance
An undertaking shall be taken from bidders as per Appendix-26 of FOT, certifying that the bidders
fulfil all the requirements contained in the aforesaid clause.
Definitions:
"Bidder" (including the term 'tenderer', 'consultant' 'vendor' 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.
"Bidder from a country which shares a land border with India" 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
"Beneficial owner" will be as under:
(i) 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(s),
DMRC/BBC-02/Volume-1/NIT 11
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

has a controlling ownership interest or who exercises control through other means.
Explanation—
"Controlling ownership interest" means ownership of, or entitlement to, more than twenty-five
per cent of shares or capital or profits of the company;
"Control" shall include the right to appoint the 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 voting agreements;
(ii) 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;
(iii) In case of an unincorporated association or body of individuals, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen percent of the property or capital
or profits of such association or body of individuals;

(iv) Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner is the
relevant natural person who holds the position of senior managing official;
(v) 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.
"Agent" is a person employed to do any act for another, or to represent another in dealings with
third persons
1.1.3.2 Minimum Eligibility Criteria:
A.
Work Experience: The tenderers will be qualified only if they have successfully completed or
substantially completed similar work works, during last seven years ending last day of the month
previous to the month of tender submission as given below:

(i) At least one “similar work” * of value of INR 83.79 crore or more.

OR
(ii) Two “similar works” *each of value of INR 52.37 crore or more.

OR

(iii) Three “similar works” *each of value of INR 41.90 crore or more.

*The “Similar works” for this contract shall be


“Construction of Depot/Workshop/Industrial shed/RCC framed structure including Pre-
engineered steel structure (PEB) with roof sheeting” The cost of “Pre-Fabricated steel
structures including roof sheeting” should be of value of INR 4.88 Crores or more in the
above work (s) put together.
In case, the bidder does not have required work experience of “Pre-Fabricated steel structures
including roof sheeting” of value equal to or more than INR 4.88 Crores in the above works, then
bidder has to submit one separate additional work of “Pre-Fabricated steel structures including roof
sheeting” of value of INR 4.88 Crores or more in a single work.
If the tenderer is a JV/Consortium having foreign partner(s) and above work(s) have been
executed by the foreign partner of JV and the work(s) were done in the country of the foreign
partner, then in addition to this the foreign partner must have executed works (which need not be
similar in nature) of total put together of value INR 41.90 crore or more outside the country of the
foreign partner.

DMRC/BBC-02/Volume-1/NIT 12
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

Notes:
a) 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.
b) Substantial completion shall be 80% (value wise) or more works complete under the contract
based on original scope of work/revised scope of work, whichever is less.
c) The tenderer shall submit details of works executed by them in the Performa prescribed in
Appendix-17 & 17A of FOT for the works to be considered for qualification of work experience
criteria. Documentary proof such as completion certificates/substantial completion certificate from
client clearly indicating the nature/scope of work, actual completion cost/value of actually executed
works and actual date of completion (in case of completed work) 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.
Any certification or document required to be provided by CA, must contain UDIN thereon and the
particulars of certifications must be same as mentioned on document/certification and submitted to
ICAI on its website which can be verified online.
d) In case of any composite work (work involving other than similar work also), value of successfully
completed or substantially completed portion of similar work up to last day of the month previous to
the month of tender submission shall be considered for qualification of work experience Criteria.
e) 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. The exchange rate of foreign currency shall be
applicable 28 days before the submission date of tender.
f) 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.
g) If the above work(s) i.e. “Similar works” 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.
h) Only work experience certificate having stamp of Name and Designation of officer along with the
Name of client shall be considered for evaluation. However, if any work experience certificate has
been issued prior to 01.07.2019, same shall be considered for evaluation even if it is not stamped.
i) After opening of financial bids, the work experience credentials (work experience certificate along
with other documents if any) of L-1 bidder shall be sent for verification and certification to the
concerned client(s). In case of any concealment or misrepresentation of facts, appropriate action(s)
in accordance with Tender Conditions and “Suspension/Banning Policy, August 2019” of DMRC
shall be taken. The copy of “Suspension/Banning Policy, August 2019” of DMRC can be
downloaded from tender section of DMRC website i.e. www.delhimetrorail.com.
B. Financial Standing: The Tenderers will be qualified only if they have minimum financial capabilities as
below:
T1 – Liquidity:
It is necessary that the firm can withstand cash flow that the contract will require until payments
received from the Employer. Liquidity therefore becomes an important consideration.
This shall be seen from the balance sheets of last audited year and/or from the banking reference.
Net current assets and/or documents including banking reference (as per Performa given in
Annexure-8 of ITT), should show that the applicant has access to or has available liquid assets,
lines of credit and other financial means to meet cash flow of INR 4.99 Crore for this contract, net
of applicant’s commitments for other Contracts. Banking reference should contain in clear terms
the amount that bank will be in a position to lend for this work to the applicant/member of the Joint
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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

Venture/Consortium. In case the Net Current Assets (as seen from the Balance Sheets) are
negative, only the Banking references will be considered. Otherwise, the aggregate of the Net
Current Assets and submitted Banking references will be considered for working out the Liquidity.
The banking reference should be from a Scheduled Bank in India or (in case of foreign
parties) from an international bank of repute acceptable to DMRC and it should not be more
than 3 months old as on date of submission of bids.
In Case of JV/Consortium- Requirement of liquidity is to be distributed between members as per
their percentage participation and every member should satisfy the minimum requirement.
Example: Let member-1 has percentage participation=M and member-2 has percentage
participation=N.
If minimum liquidity required is ‘W’ then liquidity of member-1 ≥ (W M)/100 and liquidity of
member-2 ≥ (W N)/100

T2 – Profitability: Deleted

T3 - Net Worth:
Net Worth of tenderer during last audited financial year should be > INR 6.98 Crore.
In Case of JV/Consortium - Net worth will be based on the percentage participation of each
Member.
Example: Let Member-1 has percentage participation = M and Member-2 has percentage
participation = N. Let the Net worth of Member-1 is ‘A’ and that of Member-2 is ‘B’, then the Net
worth of JV/Consortium will be
= AM+BN/100

T4 - Annual Turnover:
The average annual turnover from construction of last five financial years should be > INR 27.93
Crores
The average annual turnover of JV/Consortium will be based on percentage participation of each
member.
Example: Let Member-1 has percentage participation = M and Member - 2 has =N. Let the
average annual turnover of Member-1 is ‘A’ and that of Member-2 is ‘B’, then the average annual
turnover of JV/Consortium will be = AM+BN
100
Notes:

 Financial data for latest last five audited financial years has to be submitted by the tenderer in
Appendix-18 of FOT along with audited balance sheets. The financial data in the prescribed
format shall be certified by Chartered Accountant with his stamp and signature in original with
membership number firm registration number. In case audited balance sheet of the last
financial year is not made available by the bidder, he has to submit an affidavit certified by
Chartered Accountant that ‘the balance sheet has actually not been audited so far’. 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 may be considered as non-responsive.

 However, the tenderer including all substantial members of JV / Consortium should have
been incorporated more than three years earlier from the last day of the previous month of
tender submission. In this case, for such tenderer, the average annual turnover shall be
arrived considering ’nil’ turnover for the financial year(s) for which tenderer was not able to
submit audited balance sheet on account of non-incorporation of tenderer. Such data shall be
divided by 5 to work out the average annual turnover. In case balance sheet of the last year
has not been audited so far, then data shall be divided by 4 to work out the average annual
DMRC/BBC-02/Volume-1/NIT 14
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

turnover.
 Any certification or document required to be provided by CA, must contain UDIN thereon and
the particulars of certifications must be same as mentioned on document/certification and
submitted to ICAI on its website which can be verified online.

 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.

1.1.3.3 Bid Capacity Criteria:

Bid Capacity: The tenderers will be qualified only if their available bid capacity is more than the
approximate cost of work as per NIT. Available bid capacity will be calculated based on the
following formula:
Available Bid Capacity = 2*A*N – B

Where,
A = Maximum of the value of construction works executed in any one year during the last five financial
years (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).
N = No. of years prescribed for completion of the work

B = Value of existing commitments (as on last day of the month previous to the month of tender
submission) for on-going construction works during period of 36 months w.e.f. from the first day of
the month of tender submission.
Notes:
a) Financial data for latest last five financial years has to be submitted by the tenderer in
Appendix-15 of FOT along with audited financial statements. The financial data in the prescribed
format shall be certified by the Chartered Accountant with his stamp and signature in original with
membership number and firm registration number (FRN) & UDIN.
b) Value of existing commitments for on-going works during period of 36 months w.e.f from the first
day of the month of tender submission has to be submitted by the tenderer in Appendix-16 of
FOT. These data shall be certified by the Chartered Accountant with his stamp and signature in
original with membership number and firm registration number (FRN) & UDIN.
c) In the case of a group, the above formula will be applied to each member to the extent of his
proposed participation in the execution of the work. If the proposed % participation is not
mentioned then equal participation will be assumed.

Example for calculation of bid capacity in case of JV / Consortium / Group


Suppose there are ‘P’ and ‘Q’ members of the JV / Consortium / Group with their participation in
the JV / Consortium / Group as 70% and 30% respectively and available bid capacity of these
members as per above formula individually works out ‘X’ and ‘Y’ respectively, then Bid Capacity of
JV / Consortium / Group shall be as under:
Bid Capacity of the JV / Consortium / Group = 0.7X + 0.3Y

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 to 1.1.3.3 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.

1.1.4 The Tender documents consist of:

DMRC/BBC-02/Volume-1/NIT 15
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

Volume 1
Notice Inviting Tender
Instructions to Tenderers (including Annexures)
Form of Tender (including Appendices)

Volume 2
General Conditions of Contracts (Nov. 2019)
Special Conditions of Contract (including Schedules)
Condition of Contract on Safety & Health and Environment (Nov. 2020)

Volume 3
 Employer’s Requirement – General
 Employer’s Requirement – Functional
 Employer’s Requirement – Construction
 Employer’s Requirement – Appendices
Volume 4
 Outline Construction specifications for Phase-IV Civil Works
 Outline Design Specifications for Phase-IV Rev2 July 2021
 Technical Specifications for Architectural & Finishing Works

Volume 5
 Tender Drawings
 Geo-Technical Investigation Report

Volume 6
 Bill of Quantities

1.1.5 The contract shall be governed by the documents listed in Para 1.1.4 above along with latest
edition of CPWD Specification, IRS Specifications & MORTH Specifications. These may be
purchased from the market.

1.1.6 The tenderers may obtain further information/ clarification, if any, in respect of these tender
documents from the office of Sr. GM/Contract, Delhi Metro Rail Corporation, 5th floor, A-Wing,
Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi –110001.

1.1.7 All tenderers are hereby cautioned that tenders containing any material deviation or reservations
as described in Clause .E 4.0 of “Instructions to Tenderers” and/or minor deviation without quoting
the price of adjustment shall be considered as non-responsive and is liable to be rejected.

1.1.8 The intending tenderers must be registered on e-tendering portal


https://eprocure.gov.in/eprocure/app. 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.

1.1.9 The authorized signatory of intending tenderer, as per Power of Attorney (POA), must have valid
Class-II or Class-III digital signature. The tender document can only be downloaded or uploaded
using Class-II or Class-III digital signature. However, the tenderer shall upload their tender on
https://eprocure.gov.in/eprocure/app using class-II or class-III digital signature of the
authorized signatory only.

DMRC/BBC-02/Volume-1/NIT 16
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

1.1.10 Tender submissions shall be done online on https://eprocure.gov.in/eprocure/app after uploading


the mandatory scanned documents towards cost of tender documents such as scanned copies of
transaction of payment i.e. RTGS, NEFT & IMPS and towards Tender Security such as Bank
Guarantee or Demand Draft or Pay Order or Banker’s Cheque from a Scheduled commercial bank
based in India or scanned copies of transaction of payment i.e. RTGS, NEFT & IMPS (and other
documents as stated in the tender document. Instructions for on-line bid submission are furnished
hereinafter.

1.1.11 Submission of Tenders shall be closed on e-tendering website of DMRC at the date & time of
submission prescribed in NIT after which no tender shall be accepted. It shall be the responsibility
of the bidder / tenderer to ensure that his tender is submitted online on e-tendering website
https://eprocure.gov.in/eprocure/app before the deadline of submission. DMRC will not be
responsible for non-receipt of tender documents due to any delay and/or loss etc.

1.1.12 Tenders shall be valid for a period of 120 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.

1.1.13 DMRC 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 DMRC for rejection of his proposal.

1.1.14 Tenderers are advised to keep in touch with e-tendering portal https://eprocure.gov.in/eprocure/app
for updates.

1.1.15 For any complaints, tenderers may contact CVO DMRC at 1st floor A-Wing, Metro Bhawan, Fire
Brigade Lane, Barakhamba Road, New Delhi–110001, Tel:011-23418406, Email:
cvodmrc@gmail.com.

Senior General Manager/Contracts


Delhi Metro Rail Corporation Ltd.

DMRC/BBC-02/Volume-1/NIT 17
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

Instructions for Online Bid Submission

The bidders are required to submit soft copies of their bids electronically on the CPP Portal, using valid
Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on
the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on
the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be obtained at:
https://eprocure.gov.in/eprocure/app.

REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement
Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Online bidder
Enrolment” on the CPP Portal which is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique username and
assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part of the
registration process. These would be used for any communication from the CPP Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate
(Class II or Class III Certificates with signing key usage) issued by any Certifying Authority
recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with their profile.
5) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible
to ensure that they do not lend their DSC’s to others which may lead to misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user ID / password and
the password of the DSC / e-Token.

SEARCHING FOR TENDER DOCUMENTS


1) There are various search options built in the CPP Portal, to facilitate bidders to search active
tenders by several parameters. These parameters could include Tender ID, Organization Name,
Location, Date, Value, etc. There is also an option of advanced search for tenders, wherein the
bidders may combine a number of search parameters such as Organization Name, Form of
Contract, Location, Date, Other keywords etc. to search for a tender published on the CPP Portal.
2) Once the bidders have selected the tenders they are interested in, they may download the
required documents / tender schedules. These tenders can be moved to the respective ‘My
Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS / e-mail in
case there is any corrigendum issued to the tender document.
3) The bidder should make a note of the unique Tender ID assigned to each tender, in case they
want to obtain any clarification / help from the Helpdesk.

PREPARATION OF BIDS

1) Bidder should take into account any corrigendum published on the tender document before
submitting their bids.
2) Please go through the tender advertisement and the tender document carefully to understand the
documents required to be submitted as part of the bid. Please note the number of covers in which
the bid documents have to be submitted, the number of documents – including the names and
content of each of the document that need to be submitted. Any deviations from these may lead to
rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the bid
DMRC/BBC-02/Volume-1/NIT 18
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

documents and generally, they can be in PDF / XLS formats.


Bid documents may be scanned with 100 dpi with black and white option which helps in reducing
size of the scanned document. Bidder should try to avoid to the possible extent in making of Pdf
files from images. Pdf compressing software tools may be used for reducing size of Pdf files and
compressed bid documents may then be cross checked in all respects.
4) Bidder should try increasing of JRE memory. To modify the parameter, double click under the
"Runtime Parameters" column and type –
-Xms512m - That assigns 512MB memory for the Java.
-Xms1024m - That assigns 1GB memory for the Java.
-Xms2048m - That assigns 2GB memory for the Java.
-Xms3072m - That assigns 3GB memory for the Java, and so on.
Please note, it begins with a minus sign and ends with an m. Also note, there is no blank space
between characters.
5) Bidder should try using of machine with large RAM (8 GB and above) with good Internet
connection/speed.
6) To avoid the time and effort required in uploading the same set of standard documents which are
required to be submitted as a part of every bid, a provision of uploading such standard documents
(e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders.
Bidders can use “My Space” or ‘’Other Important Documents’’ area available to them to upload
such documents. These documents may be directly submitted from the “My Space” area while
submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the
time required for bid submission process.

SUBMISSION OF BIDS
1) Bidder should log into the site well in advance for bid submission so that they can upload the bid in
time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other
issues.
2) The bidder has to digitally sign and upload the required bid documents one by one as indicated in
the tender document.
3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as applicable and
enter details of the instrument.
4) Bidder should prepare the EMD as per the instructions specified in the tender document. The
original should be posted/couriered/given in person to the concerned official, latest by the last date
of bid submission or as specified in the tender documents. The details of the DD/any other
accepted instrument, physically sent, should tally with the details available in the scanned copy
and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.
5) Bidders are requested to note that they should necessarily submit their financial bids in the format
provided and no other format is acceptable. If the price bid has been given as a standard BOQ
format with the tender document, then the same is to be downloaded and to be filled by all the
bidders. Bidders are required to download the BOQ file, open it and complete the coloured
(unprotected) cells with their respective financial quotes and other details (such as name of the
bidder). No other cells should be changed. Once the details have been completed, the bidder
should save it and submit it online, without changing the filename. If the BOQ file is found to be
modified by the bidder, the bid will be rejected.
6) The server time (which is displayed on the bidders’ dashboard) will be considered as the standard
time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc.
The bidders should follow this time during bid submission.

DMRC/BBC-02/Volume-1/NIT 19
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

7) All the documents being submitted by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized
persons until the time of bid opening. The confidentiality of the bids is maintained using the
secured Socket Layer 128-bit encryption technology. Data storage encryption of sensitive fields is
done. Any bid document that is uploaded to the server is subjected to symmetric encryption using
a system generated symmetric key. Further this key is subjected to asymmetric encryption using
buyers/bid openers public keys. Overall, the uploaded tender documents become readable only
after the tender opening by the authorized bid openers.
8) The uploaded tender documents become readable only after the tender opening by the authorized
bid openers.
9) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid Submission” in
the portal), the portal will give a successful bid submission message & a bid summary will be
displayed with the bid no. and the date & time of submission of the bid with all other relevant
details.

10) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid.
This acknowledgement may be used as an entry pass for any bid opening meetings.

ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions contained therein should
be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in
the tender.
2) Any queries relating to the process of online bid submission or queries relating to CPP Portal in
general may be directed to the 24x7 CPP Portal Helpdesk.
3) For any Technical queries related to Operation of the Central Public Procurement Portal Contact at :
Tel: The 24 x 7 Help Desk Number 0120-4200 462, 0120-4001 002/5, 0120-6277 787.
E-Mail: support-eproc[at]nic[dot]in
International bidders are requested to prefix +91 as country code.

DMRC/BBC-02/Volume-1/NIT 20
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

VOLUME 1

INSTRUCTION TO TENDERERS

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

INSTRUCTIONS TO TENDERERS
A. General
A1. General Description of the work
The scope of work of Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro
Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External Development
Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project. The works includes supply of
all machineries, manpower, equipments, Fire Fighting system, Plumbing and other necessities
required for construction of all work as per technical specifications, drawings and or as directed by
engineer-in- charge. The work has to be done in neat and clean fashion.

A1.1 The Scope of Work for this contract is described in the Employer’s Requirements – Functional
(Volume 3).

A2. Source of Funds

This work shall be financed through Government of Odisha.

A3 Eligible Tenderers
This is an open competitive e-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 Qualification of the Tenderer
A4.1 The Tenderer shall submit a written power of attorney, duly notarized, authorizing the signatory (ies)
of the Tender to commit the tenderer along with Board Resolution confirming authority on the persons
issuing the Power of Attorney for such actions. In case of partnership, consortium or joint venture,
notarized Power of Attorney(s) and Board Resolution(s) for each member of the partnership,
consortium or joint venture shall be submitted. In case of Foreign Partners, Power of Attorney(s) and
Board Resolution confirming authority on the persons issuing the Power of Attorney for such actions
shall be submitted duly notarized by the notary public of country of origin and should be either
stamped by Embassy/High Commission or Member Countries of Hague convention may submit these
document with “Apostille” stamp. Also in case the documents are in foreign language the translation of
the same shall be authenticated by Embassy/High Commission.

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.
A4.3 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.

A5 One Tender per Tenderer


A Tenderer shall submit only one bid, either individually as a tenderer or as a partner of
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Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

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.
A6 Cost ofTendering

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 project site is located in the Bhubaneswar, Odisha.


A7.2 The Tenderer is advised to visit and examine the Site of Works 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 Site shall be borne by the
Tenderer. It shall be deemed that the Contractor has undertaken a visit to the Site of Works and is
aware of the site conditions prior to the submission of the tender documents.
A7.3. The Tenderer and any of his personnel will be granted permission by the Employer to enter upon
his premises and lands for the purpose of such inspection, but only upon the express condition that
the Tenderer, and his personnel, will release and indemnify the Employer and his personnel from and
against all liability in respect thereof and will be responsible for death or personal injury, loss of or
damage to property and any other loss, damage, costs and expenses incurred as a result of the
inspection.
A7.4 The Tenderer shall note General Conditions of Contract (GCC) Sub – Clause 4.9 in which it is
deemed that the Tenderer has taken into account all the factors that may affect his Tender in
preparing his offer.

B. Tender Documents

B1 Content of Tender Documents


B1.1 The Tender Documents, as listed below, have been prepared for the purpose of inviting tenders for
Construction of all Permanent and Temporary Works in connection with “Contract BBC-02: Civil
Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings
including Plumbing, Drainage, External Development Works etc. and Road Works of
Bhubaneswar MRTS Phase-I Project”. and as more particularly described in these documents.
Volume 1

 Notice Inviting Tender


 Instructions to Tenderers (including Annexures)
 Form of Tender (including Appendices)
Volume 2

 General Conditions of Contracts (Nov 2019)


 Special Conditions of Contract (including Schedules)
 Conditions of contract on Safety & Health and Environment (Nov 2020)

Volume 3
 Employer’s Requirement – General
 Employer’s Requirement – Functional
 Employer’s Requirement – Construction

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
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 Employer’s Requirement – Appendices


Volume 4
 Outline Construction specifications for Phase-IV Civil Works
 Outline Design Specifications for Phase-IV Rev2 July 2021
 Technical Specifications for Architectural & Finishing Works
Volume 5
 Tender Drawings
 Geotechnical Investigation Report
Volume 6
 Bill of Quantities

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 Content of Supporting Documents


B2.1 The tender drawings are only reference drawings.
B2.2 The Tenderer shall note the existence of over ground, at grade and underground structures, utilities
and infrastructure in the near vicinity of the Works to be constructed.
B2.3 The Tenderer should visit, examine and assess the Site including working conditions and will be
deemed to have satisfied himself of the risks and obligations under the Contract.
B2.4 Geotechnical report enclosed in the tender document is for reference purpose only. However, the
contractor may have to carry out soil investigation before start of the work.

B3 Clarification of Tender Documents

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
Sr. GM/Contracts, DMRC 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
Sr. GM/Contracts by uploading the same on DMRC e-tendering portal, not later than the last date of
seeking clarification given in the key details of Notice Inviting Tender. Any such clarification, together
with all details on which clarification had been sought, will be copied to all Tenderers without
disclosing the identity of the Tenderer seeking clarification.
B3.3 Except for any such written clarification by Sr. GM/Contracts, DMRC which is expressly stated to be
by way of an addendum to the documents referred to in paragraphs B1.1 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 DMRC pertaining to this tender till the award of the work
with tenderer shall be done by Sr. GM/Contracts.

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Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

B4. Amendment to Tender Documents

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 uploaded on the e-tendering portal
https://eprocure.gov.in/eprocure/app within the date given in NIT which shall be available for all the
prospective tenderers who have purchased the tender document in the tender period. In case of delay
beyond the last date of issuing addendum given in NIT, the date of submission, at its sole discretion
may be extended by DMRC under Clause D2.6 of ITT.
Without prejudice to the order of preference as specified in Clause 1.5 of General Conditions of
Contract, the provisions in such addenda shall take priority over the Invitation to Tender and Tender
Documents issued previously. Tenderers should download such addenda and consider them in the
tender submittal.

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 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 C2.3(a) to C2.3(i) 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. Documents Comprising the Tender


C2.1 The Tenderer shall, on or before the date and time given in the Notice of Invitation to Tender, upload
his Tender on e-tendering portal https://eprocure.gov.in/eprocure/app in accordance with the
provision in Clause D1 of ITT.
- Technical Package of “BBC-02”
- Financial Package of “BBC-02” as per the provisions given in clause C15 below.
Technical Package of this submission shall contain the documents referred to in the subsequent
paragraphs C2.2 (a); (b); (c); (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); 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 Volume-6 (Bill of Quantity/ Pricing Document) of the tender
documents duly filled in and complete in all respect (see paragraph C10 and C15).
In submission of the Tender (Tender Security and Financial Package), Tenderer(s) shall assign
person(s) in writing to submit the tender accompanied by the original of the Tender Security (if Tender
Security is to be submitted in form of BG/ FDR/ DD/ Banker’s Cheque) which shall be submitted in a
separate envelope.

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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.
The Tenderer shall ensure that a receipt/acknowledgement is obtained for the submission of his
Tender at e-tendering portal https://eprocure.gov.in/eprocure/app, Such receipt/acknowledgement
shall be generated by the system after successful uploading of tender submission.
C2.2 The Tenderer shall submit, as his Tender, the following documents, duly completed which in the event
of acceptance of the Tender, shall form part of the Contract:
(a) Form of Tender (Without appendices);
(b) Appendix 1 to the Form of Tender: Requirements under General Conditions of Contract (Nov
2019)

(c) Appendix 2 to the Form of Tender: (see paragraph C10, C15 and C23);
(d) Appendix 3 to the Form of Tender: Outline Quality Plan (see paragraph C4 below);
(e) Appendix 4 to the Form of Tender: Outline Safety & Health Plan and Outline Environment Plan
(see paragraph C5):
(f) Appendix 5 to the Form of Tender: Tenderer’s Technical Proposals (see para C6);
(g) Appendix 6 to the Form of Tender: General Information About the Tenderer;
(h) Appendix 6A to the Form of Tender: Undertaking by JV/Consortium members;
(i) Appendix 7 to the Form of Tender: Staffing Schedules and Organization Chart (see paragraph
C12);
(j) Appendix 8 to the Form of Tender: Schedule of Component manufactured offshore, if no offshore
manufacturing is involved, the tenderer shall submit ‘NIL’ in this. (See paragraph C9):
(k) Appendix 9 to the Form of Tender: Tender Index (See paragraph C23);
(l) Appendix 10 to the Form of Tender: Resources proposed for the project – plants and equipment’s.
(m) Appendix 11 to the Form of Tender: Undertaking for corrupt & fraudulent practice;
(n) Appendix 12 to the Form of Tender: Copyright Undertaking (see paragraph E2)
(o) Appendix 13 to Form of Tender: The tenderer may submit minor deviations in this appendix 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 Appendix. 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.
(p) Appendix 14 to the Form of Tender: Tentative project implementation programme (see paragraph
C8)
(q) Appendix 15 to the Form of Tender: Financial Data (Construction Works Done during the latest
last five financial years)
(r) Appendix 16 to the Form of Tender: Financial Data (Commitment For On-going Works/ works in
hand)
(s) Appendix 17 to the Form of Tender: Construction Work Experience
(t) Appendix 17A to the Form of Tender: Summary of information provided in Appendix 17.
(u) Appendix 18 to the Form of Tender: Financial Data (Financial Standing)
(v) Appendix 19 and 19A to the Form of Tender: Undertaking as per clause 1.1.3.1 v(a), v(b) & v(c)
of NIT.

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Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

(w) Appendix 20 to the Form of Tender: Undertaking for not being penalized in a Contract
(x) Appendix 21 to the Form of Tender: Undertaking for Financial stability
(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 to the Form of Tender for Details of Bank Account for refund of Tender Security/EMD
(bb) Appendix 26 to the Form of Tender: Undertaking by the Tenderer.
(cc) Appendix 27 to the Form of Tender: Pending Litigation as per Clause 1.1.3.1 v(f) of NIT

(dd) Any further documents which have been requested in accordance with paragraph B4.2 above.

All original tender documents issued by DMRC 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 DMRC 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 online by using class-II/III digital signature of the
organization 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 analyzing 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 B 4.1 or B 4.2 above.
(a) Full details of ownership and control of the Tenderer;
(b) Tender Submission Programme (see paragraph C8);
(c) Proposed Construction Methods (see paragraph C9);
(d) Details of works including specialized works if already decided to be sub-contracted (see
paragraph C11);

(e) Details of providers of performance guarantees (see paragraph C19 );


(f) Details of Contractor’s Equipment (see paragraph C13 );
(g) Proposals for use of Works Areas given to him by submitting the layouts showing fabrication
and storage areas (see paragraph C14 );
(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;
(i) Following information shall be furnished:
(A) Civil Engineering Construction works:
(i) Extent of participation by each member of the consortium in terms of percentage of
the value of the proposed Contract.
Member % of participation
A
B
C

(ii) The tenderer should supply the following information, separately for each member of
the consortium.
(a) Maximum value of “similar works (as defined in NIT Clause 1.1.3.2)” executed in
any one year during the last 5 years (in Rs. equivalent).

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(b) Value of the commitments and on-going works, on an yearly basis, pertaining to
Civil Engineering Construction Works, to be completed during the next 36
months from the first date of the month of the tender submission.

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 tenderer (the
contractor) shall maintain meticulous records of all the taxes and duties paid and provide the same
with each running bill. In case the waiver becomes effective, the Contractor will be advised on the
process to be followed to obtain the refund from the concerned authority. The Contractor shall
arrange for the remit of the refund to the Employer. In case of failure by the Contractor to remit such
amounts, the same shall be recovered from amounts due for payment to the Contractor.
With the tender submission, the tenderer shall submit the proof of GST registration in the state of
Odisha or shall submit an undertaking that he will get registered with GST authorities in the state of
Odisha in case of award of LOA to them.

C2.5 Tenderers shall quote all prices as per Clause 11.1.1 of GCC.

C2.6 The tenderers must note the following:

a) DMRC project is covered under Project Import 98.01 of Custom Tariff Act according to which only
concessional custom duty is payable. The tenderer should avail this benefit.
As regards registration under Project Import, after the award of the contract, DMRC at the written
request of a contractor shall facilitate the contractor for getting themselves registered for availing
Project Import benefits. The responsibility to avail the concessional benefits under Project Import
shall solely rest with the contractor.

b) 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 SCC clause corresponding to Sub-Clause 11.1.4 of GCC.

(i) In respect of All Inclusive Contracts* Tenderers are advised to quote the price exclusive of
GST. The total Contract Price shall be Quoted Price by the bidder plus GST Amount over the
Quoted Price as per the applicable GST rate. The contractor shall furnish the applicable GST
Returns/Forms and maintain details of IGST and/or CGST&SGST/UTGST paid to Revenue
department during the execution of the contract and submit the following: -
I. Tax Invoice.
II. Form GSTR-1/IFF filed with the respective authority or the form of return as amended by the
Central/State Government time to time.
III. Relevant abstract of filed Form GSTR-1/IFF showing the details of relevant tax invoice
submitted by the contractor.
IV. Form GSTR-38 filed with the respective authority or the form of return as amended by the
Central/State Government time to time & copy of challans in regard to deposit tax.
V. Certificate of the Chartered Accountant in regard to turnover of the contractor relating to
DMRC project and deposit of due taxes with respective tax authorities. The Contractor must
note that the tax invoice filed by him in Form GSTR-1/IFF, appears in Form GSTR-28 (or the
form as amended by the Central/State Government time to time) of respective GSTIN of
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DMRC.

In view of above, the tenderers are advised to quote the price inclusive of all central / state /
local taxes (except GST), duties, levies, cess and all other incidental charges required to fulfil the
tender conditions including statutory deduction viz., TDS towards Income Tax /GST/Labour Cess etc.
after considering clause C2.4, C2.5 & C2.6 above. The GST amount as per the applicable GST rate
will be added in the Quoted Price to arrive at the total Contract price inclusive of GST.

C3 Form of Tender

The Form of Tender shall be completed and signed by a duly authorized 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 authorized 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 Outline Quality Plan


The Tenderer shall submit Appendix-3 of Forms of Tender to form part of his Tender an Outline
Quality Plan illustrating the intended means of compliance with the Employer’s Requirements
(Volume 3) and setting out in summary form an adequate basis for the development of the more
detailed document required under Clause 16 of the SCC. The Outline Quality Plan shall contain
sufficient information to demonstrate clearly the proposed method of achieving the Tenderer’s quality
objectives with regard to the requirements of the Contract.
C5 Outline Safety & Health Plan and Outline Environment Plan
C5.1 The Tenderer shall submit Appendix-4 of Forms of Tender to form part of its Tender an Outline Safety
& Health Plan and Outline Environment Plan which shall contain sufficient information to demonstrate
clearly the Tenderer’s proposals for achieving effective and efficient safety & health and environment
procedures. The Outline Safety & Health Plan and Outline Environment Plan should include an
outline of the safety procedures and regulations to be developed and the mechanism by which they
will be implemented for ensuring Safety & Health and Environment as required by the Employer’s
Requirements (Volume 3) and Clause 8 & 9 of the SCC.

C5.2 The Outline Safety & Health Plan and Outline Environment Plan shall be headed with a formal
statement of policy in relation to safety & health and environment and shall be sufficiently informative
to define the Tenderer’s safety plans and set out in summary an adequate basis for the development
of the Contract specific Site Safety & Health Plan and Site Environment Plan to be submitted in
accordance with Clause 8 & 9 of the SCC.
C5.3 The Tenderer may be requested by DMRC in writing to amplify, explain or develop his Outline Safety
& Health Plan and Outline Environment Plan prior to the date of acceptance of the Tender and to
provide more details with a view to reaching provisional acceptance of such plans.
C5.4 C & D Waste Management and Use of Recycled Products in Bhubaneswar:
Contractor shall dispose C&D waste to designated recycling plant as per direction of DMRC. The tenderers
must note that;
a) They have to devise appropriate measures for management of Construction and Demolition (C & D)
Waste generated including its processing and for using the recycled products in the best possible manner.
The Tenderer shall adhere Construction & Demolition (C & D) Waste Management Rules, 2016 notified by
Govt. of India. The tenderer should also take note of advisory of Govt. of Odisha in combating and mitigating
climate change phenomenon and giving high priority to Swachh Bharat Mission of Govt. of India.
b) A minimum of 2% of C & D recycled products (2% of value of building works) shall be used for building

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Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

(for stations, depots, housing colonies, offices etc. but excluding viaduct & tunnels) works and a minimum of
10% of C & D products (10% of value of road works) shall be used for road works. Before accepting recycled
products, the same shall be tested as per required specifications. The recycled materials products shall be
used in non- structural members like kerb stone, paver tiles in footpath, earth filling, use of bricks in non-load
bearing partition walls, boundary walls, toe walls, recycled aggregates in lean concrete/PCC, etc.
c) Compliance certificate and details of compliance of these conditions shall be submitted by the Contractor
along with respective running account bill. The payment of running account bill shall be released by the
Engineer’s representative after verifying and certifying the same.
d) The tenderer will have the option of getting their C&D waste disposed at recycled plants got installed by
DMRC, or other agencies at their option and their own cost. The tenderer will also have option of establishing
their own plant during the currency of contract within the land allocated for project if establishing such plant is
permissible at location of land identified for contract under environmental and other applicable laws/byelaws
without any cost to DMRC. During execution of the work, the contractor will have to submit proof of disposal
of C&D waste at any of such C&D waste recycling plants along with each RA bill.

C6 Tenderer’s Technical Proposals


C6.1 The Tenderer shall submit as Appendix-5 of FOT to form part of its Tender, the Tenderer’s Technical
Proposals as described in Clause C2, and Annexure 1 of this ITT.
C6.2 The Tenderer shall be required to amplify, explain and develop the Contractor’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 (Volume 3) and, in accordance with paragraph
B4.2 herein, can be incorporated into the Contract. Only those aspects of the Contractor’s Technical
Proposal that the Employer (at his sole discretion) considers clearly conforming, will form part of the
Contract.
C7. DELETED

C8. Tender Programme


C8.1 The Tenderer shall submit with his Tender as Appendix 14 of FOT, a Tender Programme which shall
indicate how the Tenderer intends to organize and carry out the Works and achieve Stages and
complete the whole of the Works by the appropriate Key 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 given in Letter of
Acceptance or Employer’s Notice to Proceed.

C8.3 The Tender Programme shall not in any event be construed as a submission of the Works
Programme under Clause 7 of the SCC.
C9 Manufacture, Installation and Construction Methods
C9.1 The Tenderer shall submit with his Tender, the methods by which the Tenderer intends to construct
the Works, whether on the Site, off-site but in India, or offshore. The construction methods to be
employed will be analysed during tender evaluation and their descriptions shall be in sufficient detail
to allow a full appreciation of the Tenderer’s proposals in relation to all aspects of the Works. Details
shall be given of the locations and arrangements for offshore work, the facilities available and any
undertaking from others which the Tenderer has in such matters.
C9.2 Maintenance

C9.2.1 The Contractor shall be responsible for maintaining the Works until final hand over to the Employer
and for the provision of relevant maintenance manuals and drawings.
C9.2.2 The Contractor shall be responsible for making good any and all defects of materials and
workmanship, in the Works for the period stated in the General Conditions of Contract (Nov 2019).
C9.2.3 The Contractor shall be responsible for the security of the Site during the construction phase of the

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Contract, until the issuance of a Taking-Over Certificate.

C10. Payment Schedule:


The payment for items given in Bill of Quantity (Volume 6) shall be made on the basis of actually
executed quantities.
C11. Sub-Contracts
C11.1 Sub-contracting, excluding design work 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.
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. In this regard the Tenderer’s attention is invited to Clause 4 of SCC.
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. Staffing Schedule and Related Details


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
management personnel (above the level of shift supervisor) and specialists for this work. Details shall
be included for all such personnel whether directly employed or engaged on a consultancy or advisory
basis and whether associated with the construction of the Works. The submission shall include a
provisional management structure and organization chart showing areas of responsibility, relative
seniorities and lines of reporting. The proposed staffing plan shall be in conformity with the Annexure
3 and 4 of ITT.
C12.2 If the proposed Key Staff are to be changed from those indicated in the Technical submission, then
all details, including names and addresses and brief details of their experience, will be required to be
furnished as per the Forms contained in Annexure 4 of this ITT. The minimum required qualifications
and experience for each Key Staff member are also contained in Annexure 4 of this ITT.
C12.3 The key staff for execution of this work shall be from that member of the JV/Consortia who has the
experience of similar work and on whose experience the JV/Consortia qualifies the criteria of work
experience. If the JV qualifies on the credentials of work eligibility by the foreign partner, then the
Project Manager deployed shall be an expatriate having minimum 15 years of total experience out of
which 05 years should be in projects of similar nature as mentioned in Annexure-3 & 4 of ITT. The
Project Manager must be involved actively in the project execution. He will be required to attend all
meetings/inspections conducted by DMRC officials. He must take prior permission from DMRC for
obtaining leave during his tenure as Project Manager. In case the JV do not follow these instructions,
action shall be initiated under the conditions of contract to impose penalty or to terminate the contract.

The JV/Consortium members shall submit undertaking to this effect in Appendix-6A of Form of
Tender.
In case the successful tenderer is a JV/Consortium having a foreign partner and if the experience of
civil works for the purpose of qualifying the minimum eligibility criteria is fulfilled by the foreign partner
then the foreign partner shall submit an additional Bank Guarantee (In addition of performance
security) of an amount equal to 1% of the contract value as per LOA for the fulfillment of the condition
of deployment of key staff and the expatriate Project Manager for the project. The foreign partner
shall submit bank guarantee from their respective bank account. Bank guarantee executed from the
bank accounts of JV/Consortium or any other bank account shall not be accepted.
This bank guarantee shall be valid up to the completion period of the contract and shall be from

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Scheduled commercial Bank (including Scheduled Commercial Foreign Banks) in India in the
currency in which the contract price is payable. This Bank Guarantee shall be furnished to the
employer within 30 (thirty) days of receipt of the Letter of Acceptance. The form of this Bank
Guarantee provided in Annexure-7A of ITT.
C13. Contractor’s Equipment
C13.1 The contractor shall deploy plants and equipment required to complete the work as per the schedule
and within the completion period with minimum of numbers given in Annexure-5 of ITT.
C14. Proposals for Use of Work Areas
C14.1 The Tenderer shall note the requirements of the Land Acquisition, Rehabilitation and Resettlement
Act, 2013.
C14.2 The Tenderer shall note the provision contained in Employer’s Requirements.
C14.3 The Tenderer is to note that the Contractor will be fully responsible for the provision of all utility
services like water, electricity, sewerage etc necessary for the construction and completion of the
Works.
C15. Pricing Document

C15.1 The Pricing Document is included in Bill of Quantities; Volume 6. 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 (included in BOQ)
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 S.No. (iv) of Appendix-1 of FOT for Liquidated Damage for delay in
completion of the work.

C16. Currencies of Tender and Payment


C16.1 The Tenderer shall give his priced offer for BOQ in Indian Rupees Only.

C17. Tender Validity

The Tender shall be valid for a period of 120 days 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 extension.
C18. Tender Fee/ Tender document cost and Tender Security/ Earnest Money Deposit (EMD)
C18.1.1 Tender fee/ tender document cost:
The instrument type for payment of tender fee/ tender document cost is to be done only by RTGS,
NEFT & IMPS. No other mode of payment will be accepted. The detail of Bank account of DMRC to
facilitate the payment is mentioned at C18.1.4 below. The bidders will be required to upload scanned

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copies of transaction of payment of tender fee/tender document cost including e-receipt (clearly
indicating UTR No. and tender reference i.e. BBC-02 must be entered in remarks at the time of online
transaction of payment, failing which payment may not be considered) to be uploaded in online bid
submission. No copies of transaction of payment are required to be sent to the office of
Sr. GM/Contract.

Note: The payment of the tender cost is acceptable from any account. However, tenderer shall submit
such transaction details along with their tender submission on e-portal. If the same transaction
reference number has been submitted for more than one bids, all such bids shall be considered
ineligible and summarily rejected.
C18.1.2 Tender security/ EMD in case of Tenders having NIT value upto Rs. 10.00 Crores: Deleted.
C18.1.3 Tender security/ EMD in case of Tenders having NIT value greater than Rs. 10.00 Crores:
The instrument type for payment of tender security / EMD for Tenders having NIT value greater than
Rs. 10.00 Crores can be done by Demand Draft, Banker’s Cheque, Fixed Deposit Receipt (FDR),
Bank Guarantee, RTGS, NEFT or IMPS.

i. In case of RTGS/NEFT & IMPS transactions, bidders shall upload the scanned copies of
transaction of payment of tender security / EMD including e-receipt (clearly indicating UTR No.
and tender reference no. i.e. BBC-02 must be entered in remarks at the time of online
transaction of payment, failing which payment may not be considered) to be uploaded in
online bid submission. No copies of transaction of payment are required to be sent to the
office of Sr. GM/ Contract. The detail of Bank account of DMRC to facilitate the payment is
mentioned at C18.4 below.

Note: Bidders to note that the payment of tender security shall be made from the account of bidders
only. However, in case of JV/Consortium the tender security can either be paid from JV/Consortium
account or one of the constituent member of JV/Consortium.

If the 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.

ii. In case of submission of tender security/EMD in one of the following forms, “Original” is to be
submitted in the office of Sr. General Manager/Contract within due date and time of submission as
mentioned in clause 1.1.2 of NIT.
(a) 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).
(b) Demand Draft / Pay Order / Bank Draft in favour of Delhi Metro Rail Corporation Ltd. payable
at New Delhi from a Scheduled Commercial bank based in India,
(c) Fixed Deposit Receipt (FDR) of a Scheduled Commercial bank/ Post office based in India
duly pledged/lien in favour of Delhi Metro Rail Corporation Ltd.

The Tender Security shall remain valid up to the date specified under the Clause 1.1.2 (key details)
of NIT.
In case of joint venture/consortium, Bank Guarantee/FDR for tender security shall be either in the
name of joint venture/consortium or in the name of any of the constituent substantial member. In
case of 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/EMD shall remain valid up to the date specified under the Clause 1.1.2 (key details) of NIT.
The tender security shall be submitted in a sealed envelope clearly marked on top “Tender Security
for BBC-02.

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C18.1.4 To facilitate payment of Tender Fee and Tender Security through RTGS, NEFT & IMPS, the details of
bank account of DMRC is mentioned below:
Name of Account
Bank’s Address Account Name &No. IFSC code
Bank Type
9A, Phelps Building, Connaught DMRC Ltd. Tender
ICICI
Place, New Delhi – Cell A/C, Current ICIC0000007
Bank
110001 000705045337

Offers submitted without the Tender Security or with invalid Tender Security shall be rejected outright.
C18.2 If an acceptable 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 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 4.2 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) to the successful tenderer or finalization of tender.
Bidder is required to submit Appendix-25 for refund of Tender Security, if the same has been submitted
in the form of Demand Draft/ Banker’s Cheque or by RTGS/ NEFT/ IMPS.

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 E
5.2 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 DMRC 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.

C19. Performance Guarantee, Undertaking and Warranties


Please refer clause 3 of S.C.C.

C20. Labour

The Tenderer’s attention is especially drawn to Clause 6 of the GCC in relation to the responsibility of
the Contractor for obtaining an adequate supply of labour, their Rates, Wages and Conditions.

C21. Other Contractors

The Tenderer’s attention is drawn to the requirement that access to the Site or parts of the Site will,
from time to time, have to be shared with other contractors carrying out works on, or in the vicinity of
the Site.
C22. Insurance

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The Tenderer’s attention is drawn to the provisions contained in Clause 15 of the General Conditions
of Contract (Nov 2019).
C23. 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 Contract BBC-02:
Technical Package and Contract BBC-02: Financial Package, which the Tenderer intends to be the
responses to each and every one of those requirements.

C24 Pre-Tender Meeting

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 B1 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 Format and Signing of Tender

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 as scanned documents 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 authorized to sign on behalf of the Tenderer before scanning and
uploading (in .pdf / .jpg / .jpeg format), 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 initialed and dated by
the person or persons signing the Tender.
C25.3 Documents submitted in Tender submission shall contain no alterations, omissions or additions,
except those to comply with instructions issued by the Employer, or as necessary to correct errors
made by the Tenderer, in which case such corrections shall be initialed and dated by the person or
persons signing the Tender before scanning and uploading/submitting.

C26 Pricing of Conditions, Qualifications, Deviations etc.


C26.1 The tenderer should submit his tender which 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., and the tenderer shall provide such details in the format
prescribed in Appendix-13 of FOT and price of adjustment corresponding these deviation(s) shall
separately be furnished in the format prescribed in Annexure-13A of BOQ. 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 tenderer shall submit their tender on-line on e-tendering website specified under the Clause 1.1.2

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(key details) of NIT.


D1.1 Only “Tender Security/EMD” of format stated in clause C 18.1.3.ii shall be submitted in originals (in
physical form) as described below:
D1.2 The bidders will be required to upload scanned copies of transaction of payment of tender fee/tender
document cost at the time of online bid submission and No copies of transaction of payment are
required to sent to the office of Sr. GM/Contracts.
D1.3 The tenderer shall seal the “Tender Security/EMD” of format stated in clause C 18.1.3.ii in an
envelope, bearing the following identification for Tender Security:

“TENDER SECURITY” Tender Reference No.- “Contract BBC-02: Civil Works for Construction of
Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project”. and submit the
same before date and time of submission of tender mentioned in NIT at the address mentioned below.
The tenderer shall mention his Name and address on above envelope also.
Sr. GM/Contracts
Delhi Metro Rail Corporation,
5th Floor, A-Wing, Metro Bhawan,
Fire Brigade Lane, Barakhamba Road,
New Delhi –110 001;

D1.4 It shall be the responsibility of the bidder / tenderer to ensure that the envelope containing ‘Tender
Security’ is submitted to the office of the Sr.GM/Contracts at above-mentioned address before the
prescribed dead line.

D1.5 ‘Tender Security’ submitted after due date and time shall not be accepted and online tenders of such
tenderers shall liable to be rejected summarily.

D1.6 DMRC will not be responsible for delay, loss or non receipt of ‘Tender Security’ sent by post / courier.
D1.7 DMRC shall not be responsible for ‘Tender Security’ delivered to any other place / person in DMRC
(like Tapal / DAK section etc) other than the designated officer and does not reach the designated
officer before the dead line for submission.
D1.8 The Employer may, at his discretion, extend the deadline for submission of tenders by issuing an
amendment, in which case all rights and obligations of the Employer and the Tenderer previously
subject to the original deadline will thereafter be subject to the deadline as extended.

D2 Late or Delayed Tenders

D2.1 Tenders have to be uploaded on e-tendering portal https://eprocure.gov.in/eprocure/app before


the due date and time of tender submission. The tender security shall be submitted to the office of
Sr. GM/Contracts, Delhi Metro Rail Corporation 5th Floor, A-Wing, Metro Bhawan, Fire Brigade
Lane, Barakhamba Road, New Delhi –110 001. It shall be the responsibility of the bidder / tenderer
to ensure that his tender security reaches the designated officer before the dead line for
submission.
D2.2 DMRC will not be responsible for any delay, internet connection failure or any error in uploading the
tender submission. The tenderers are advised to upload their submissions well before the due date
and time of tender submission to avoid any problems and last minute rush.
D2.3 Submission of Tenders shall be closed on e-tendering website of DMRC at the date & time of
submission prescribed in NIT after which no tender shall be accepted. “Tender Security” submitted
after due date and time shall not be accepted and online tenders of such tenderers shall liable to be
rejected summarily.

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D2.4 DMRC will not be responsible for delay, loss or non-receipt of “Tender Security” sent by post /
courier.
D2.5 DMRC shall not be responsible for “Tender Security” delivered to any other place / person in DMRC
(like Tapal / DAK section etc.) other than the designated officer and does not reach the designated
officer before the dead line for submission.
D2.6 The Employer may, at his discretion, extend the deadline for submission of tenders by issuing an
amendment in accordance with paragraph B4, in which case all rights and obligations of the Employer
and the Tenderer previously subject to the original deadline will thereafter be subject to the deadline
as extended.

D3 Modification, Substitution and Withdrawal of Tenders

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.
D3.2 No Tender shall be allowed to be modified by the Tenderer after the deadline for submission of
Tenders.

D3.3 The Tender submitted online will be taken as a final bid.


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.

E. Tender Opening and Evaluation


E1 Tender Opening
E1.1 Envelopes containing “Tender Security” of format stated in clause C 18.1.3. ii will be opened first.
Tenders of those tenderers who have not submitted valid “Tender Security” shall be considered as
non-responsive and liable to be rejected summarily.

E1.2 The tenders shall be opened online by the opening committee on due date and time of tender
opening. On opening of the Tender, DMRC will first check the tender cost and tender security through
online mode by cross verifying with the hard copy submitted or with the details of online transaction.
E1.3 The Technical Package of all tenderers who have submitted a valid Tender Security in prescribed
format and cost of tender document 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 the Sr. GM
/Contract, DMRC, 5th floor, A-Wing, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New
Delhi –110001. Tenderers may visit DMRC e-procurement web-site to know latest Technical Opening
information after completion of opening process. If such nominated date for opening of Tender is
subsequently declared as a Public Holiday by the Employer, the next official working day shall be
deemed as the date of opening of Technical Package. The Tender of any tenderer who has not
complied with one or more of the foregoing instructions may not be considered.
E1.4 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.
E1.5 The Financial Package(s) which tenderer(s) have uploaded online will be opened on a subsequent
date after evaluation of technical packages. Financial packages of only those tenderers whose
submissions are found substantially responsive and technically compliant as per clause E4 of ITT will
be opened. The time of opening of financial package shall be informed though website only. Tender
can visit to DMRC e-procurement website for further information.

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E2. Confidentiality of Tender Information and Copyright

E2.1 Except the public opening of tenders, information relating to the evaluation of tenders and
recommendation of contract award shall not be disclosed to Tenderers or any other persons not
officially concerned with such process until information on Contract award is communicated to all
Tenderers.

E2.2.1 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 tenderers tender.
E2.2.2 Notwithstanding Clause E2.2.1, from the time of tender opening to the time of Contract award, if any
tenderer wishes to contact the Employer on any matter related to the tendering process, it may do so
in writing to Sr. GM/Contract.

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 Clause 1.1.3 of NIT and clauses A4.1, A4.2, A4.3 and A5 of
ITT.
E4.2 Evaluation of minimum eligibility criteria – This evaluation will be done to check if the tenderer
qualifies the minimum eligibility criteria of “Work Experience”, “Financial Standing” as laid down in
Clause 1.1.3.2 of NIT and “Bid Capacity” criteria as laid down in Clause 1.1.3.3 of NIT. Tenderers,
which do not qualify in any of the minimum eligibility criteria or tender capacity criteria, shall not be
considered for further evaluation and shall be rejected.
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.

E4.3 Evaluation of Responsiveness


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.
E4.4 Evaluation of Material deviation or reservation
Each tender shall be evaluated for any material deviation or reservation. Material deviation or
reservation is one:

 which contains unauthorized changes to the Memorandum of Understanding from the Memorandum
of Understanding accepted for Pre-qualification (Applicable in case of Pre-qualified tenders only); or
 which contains any deviation in Tender Security with regards to amount, validity, form and format; or
 which affects in any substantial way, the scope, quality or performance of the works; or

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Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

 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; or
Tender having any material deviation or reservation shall be disqualified and rejected.
E4.5 Evaluation of qualifying conditions
A tender containing any qualification which
 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 Evaluation of Technical Proposal & other technical data:

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 of ITT.
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 non-conforming
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.

E5. Evaluation of Financial Proposals

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. The financial proposal(s) will then be opened
online through website. Tenderers can also check financial proposal of other tenderers online.

E5.1.2 The evaluation of Financial Proposals by the Employer will take into account in addition to the tender
amounts, the following factors:
a) Arithmetical errors corrected by the Employer
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.

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

E5.1.5 Evaluation of financial offer will be based on quantities in Bill of quantities (BOQ) and rates quoted.
Any alteration in BOQ will not be given any cognizance.

E5.2 Correction of Errors

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 in case of physical form of tendering. However, in case of e-tendering, amount in figures 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.

E5.3 Comparison of Tenders


Tenders will be compared in Indian Rupees 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 (Applicable in case of physical form of tendering).

E5.5 For the purpose of comparative evaluation of tenders received, the sum total of following shall be
considered: -
(i) The total amount worked out from the quoted percentage (above/below/at par) by the tenderer for
the given Schedule A, B, & C of Bill of Quantities.
The total value of above thus obtained in equivalent INR shall be compared amongst various
tenderers to determine the lowest evaluated tender. Provision of clause 1.1.3.1 (ix) of NIT shall also
be considered for financial evaluation.

E5.6 If the lowest tenderer as evaluated as per E5.5 has given some minor deviations then the Employer
has right to accept some or all such minor deviation and the offer of the lowest will be reduced by the
price of such accepted deviations.

E5.7 The Employer reserves the right to accept or reject any variation, deviation. Variations, deviations
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 Indigenization
E6.1 Tenderers are encouraged to involve domestic firms in the Contract organization and procurement
processes.

F Award of Contract

F1 Award

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Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

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 offered the Lowest Evaluated Tender Price as
per paragraph E5.5.

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 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 online that his tender has been accepted. The 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 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.
F3.2 The Letter of Acceptance will constitute a part of the contract.
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 organization of the contract within 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 4.2 of the GCC shall be for 10% of the
Contract Price from the Scheduled commercial Bank (including Scheduled Commercial Foreign
Banks) in India in the currency in which the Contract Price is payable. The Performance Security shall
be furnished to the Employer within 30 (thirty) days of issue of the Letter of Acceptance. The form of
Performance Security is provided in Annexure-7 of ITT.

The required Performance Security for the sum mentioned above may be submitted in any one of the
following forms:

(a) Irrevocable bank guarantee in the prescribed format, given in Annexure-7 of ITT, issued by a
Scheduled Commercial Bank based in India or from a branch in India of a Scheduled foreign bank.
The bank guarantee must be issued on the Structured Financial Messaging System (SFMS) platform.
A separate invoice of the BG will invariably be sent by the issuing bank to the Employer’s bank
through SFMS. The details of Employer’s bank are as under:

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

ICICI BANK LTD


9A, Phelps Building, Connaught Place, New delhi-110001. IFSC Code; ICIC0000007
The bank guarantee issued on the SFMS platform shall only be acceptable to the Employer.

(b) Bank Draft in favour of Delhi Metro Rail Corporation Ltd. payable at New Delhi from a Scheduled
Commercial Bank based in India.

(c) Fixed Deposit Receipt (FDR) of a Scheduled Commercial bank / Post offices based in India duly
pledged/lien in favour of Delhi Metro Rail Corporation Ltd. This FDR shall be in the name of the
contractor and DMRC and the contractor cannot encash/pre-mature this FDR without the discharge
letter/NOC/approval of DMRC. Also, DMRC can encash this FDR without the approval of the
contractor in case of non-compliance of terms of the contract. The confirmation of the same will
invariably be sent by the issuing bank directly to DMRC as per the format of Annexure-9 of ITT.

In case of joint venture/consortium, the Performance Security is to be submitted in the name of the JV
/ Consortium. Also the requirement of Performance Security shall be distributed between/among the
members of JV/Consortium as per their percentage participation while ensuring the security is in the
name of JV / Consortium. The constituent members shall submit Performance Security (as per their
% participation in JV / consortium) from their respective bank accounts. Performance Security
executed from the bank accounts of JV/Consortium or any other bank account shall not be accepted.
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 F3, F4 and F5 shall
constitute sufficient grounds for the annulment of the award and forfeiture of the Tender Security.

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

Instructions to Tenderers

Annexure 1 [As per clause C6.1 & C2.2(f)]


Requirements for Tenderer’s Technical Proposals

1 The Tenderer’s attention is drawn to Clause 2 of the Employer’s Requirements (Volume-3) and to
Clause 1 of the General Conditions of Contract (Nov 2019) 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 methodology.
3 The Tenderers Technical Proposals shall cover the following:
3.1 structural form, materials and structural principles, method of carrying or accommodating
loads or actions, fixed points and articulation, and choice and grades of structural
materials;
3.2 Details of method proposed for the work.
3.3 testing and investigations undertaken, or to be undertaken;
3.4 earthworks, slopes, protective measures and ground drainage;
3.5 foundations, main substructure and superstructure elements;

3.6 All structural components, methods of jointing and waterproofing, drainage and corrosion
protection;
3.7 Deleted

3.8 Structural and construction arrangements at interfaces with adjacent structures;


3.9 Traffic management plan showing temporary diversions wherever required.
3.10 initial settlement assessment, effect on adjacent structures including utilities and proposed
protection works including instrumentation and monitoring;
3.11 approach to co-ordination with other Project contractors. Tenderer shall elaborate the
organization further and system giving frequency of meetings or any other system /
approach which we will adopt.
3.12 construction and erection methods, including proposals for ensuring that disruption to road
and pedestrian traffic is minimized;
3.13 Deleted.
3.14 Protective coatings and systems, finishes.
3.15 Reinstatement works.

3.16 Understanding and approach of the work involved

3.17 The general approach and methodology proposed for carrying out the services covered in
the scope of work, including such information as deemed relevant.

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

Instruction To Tenderers
Annexure 2 (As per clause C8.1)
Requirements for Tender Programme

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 completion 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 Contracts.
3) The Tender Programme 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. To facilitate this process, the Tenderer shall, in the preparation of the Tender
Programme, take due account of the provisions of Appendix 4 to the Employer's Requirements in
so far as they concern 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. This narrative statement shall also indicate which elements of the Works the Tenderer
intends to carry out off-Site and/or outside India with details of the proposed locations of where
any such work is to be carried out, the facilities available.
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.
8) All programmes shall include procurement periods, major material, offsite production/
prefabrication, temporary construction, interface and periods for system wide, utility and adjacent
contractors etc.

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

INSTRUCTIONS TO TENDERERS
Annexure-3 [As per clause C12.1]

MINIMUM ORGANISATION STRUCTURE REQUIRED


The figures indicated below are the minimum number of Project-Personnel required which are to be deployed as per
the minimum level of supervision. The qualification/experience of such Project personnel is given under Annexure-4.
S.No. Designation of Project Personnel Minimum no. of Project- Penalty on Non-Deployment
Personnel required per month per person
1. Project Manager (Team Leader) 1 Rs. 1.0 lakh
2. Civil Engineer 3 Rs. 0.5 lakh
3 Electrical Engineer (As per 1 Rs. 0.5 lakh
Requirement)
4 Mechanical Engineer 1 Rs. 0.5 Lakh
5 Quality Engineer 1 Rs.0.5 lakh
6 Interface/ Planning/Billing Engineer 1 Rs. 0.5 lakh
As per Conditions of Contract on As per Conditions of Contract on
7 Safety Team
Safety Health & Environment Safety Health & Environment
NOTES:
i. The contractor shall deploy the project personnel as per the above-mentioned minimum requirement and
also confirm to deploy the same over and above the minimum numbers indicated above, if the work requires
so.
ii. The performance of project personnel deployed will be evaluated periodically by Employer during the
contract period. In case the performance of any of the project personnel is not satisfactory, the Contractor
shall replace them with competent and efficient immediately as per directions of the Engineer.
iii. These minimum project personnel are as per the requirements of various activities at different stages of
works. All project personnel need not to be mobilized simultaneously, project personnel as per the
requirement of various stages of works shall be mobilized as per the agreed programme.
iv. In case of non-deployment of project personnel, the penalty shall be imposed as indicated above and
deducted from Contractor’s running / final bills. In case of non-deployment, for the part of the month, penalty
shall be imposed on pro rata basis. The decision of the Engineer in this regard, shall be final and binding.

UNDERTAKING:
i) We confirm to deploy project-personnel required to achieve progress of work as per construction work program
submitted along with the bids or as approved by the Engineer.
ii) We confirm to deploy manpower requirement of Safety & Health and Environment Organization as required under
above, and also confirm to deploy manpower over and above the minimum numbers, if the work requires so.

SIGNATURE OF AUTHORIZED SIGNATORY


ON BEHALF OF TENDERER

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

INSTRUCTIONS TO TENDERERS
Annexure-4 [As per clause C12.1]
MINIMUM ORGANISATION STRUCTURE REQUIRED

Minimum level of supervision & qualification/ experience of site staff is as follows:

Sl. No. DESIGNATION QUALIFICATION EXPERIENCE LEVEL

Project Manager Graduate in Total Minimum 10 years out of which


1.
(Team Leader ) Civil Engineering. 05 years in similar work.

Graduate or Diploma in Civil Minimum 3 years for Degree &


2. Civil Engineer
Engineering 05 years for Diploma
Graduate or Diploma in Minimum 3 years for Degree &
3. Electrical Engineer Electrical Engineering 05 years for Diploma

Graduate or Diploma in Minimum 3 years for Degree &


4. Mechanical Engineer Mechanical Engineering 05 years for Diploma

Graduate in Civil/Mechanical
Minimum 3 years for Degree &
5. Quality Engineer Engineering/Diploma in Quality
05 years for Diploma in QA field.
Assurance
Minimum total experience of 5 years
Interface Manager/Planning working in Administration
6. Graduate in Civil Engineering
Engineer Works/Planning

7. Safety Team As per Conditions of Contract on Safety & Health and Environment

NOTES:
i. The contractor shall deploy project personnel as per the above-mentioned minimum requirement and also
confirm to deploy manpower over and above the minimum numbers indicated above, if the work requires so.
ii. The performance of project personnel deployed will be evaluated periodically by Employer during the
contract period. In case the performance of any of the project personnel is not satisfactory, the Contractor
shall replace them with competent & efficient personnel immediately as per directions of the Engineer.

UNDERTAKING:
i) We confirm to deploy project-personnel required to achieve progress of work as per construction work program
submitted along with the bids or as approved by the Engineer.
ii) We confirm to deploy manpower requirement of Safety & Health and Environment Organization as mentioned
above, and also confirm to deploy manpower over and above the minimum numbers, if the work requires so.

SIGNATURE OF AUTHORIZED SIGNATORY


ON BEHALF OF TENDERER

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

INSTRUCTIONS TO TENDERERS

Annexure-5 [As per clause C 13]


RESOURCES PROPOSED FOR THE PROJECT- PLANTS & EQUIPMENTS

UNDERTAKING

We confirm to deploy resources as per the above-mentioned minimum requirement and also confirm
to deploy plants & equipments over and above the minimum numbers indicated below, if the work
requires

S.No DESCRIPTION OF PLANTS /EQUIPMENTS MINIMUM QUANTITY

1 JCB (as per site requirement) 3

2 Crane (as per site requirement) 3

3 Total Station 2

4 GENERATOR (Capacity as per site requirement) 5

Reinforcement binding and cutting


5
equipment (as per site requirement) 3

6 Welding Machines and cutting tool set. 5

NOTE:-

These resources are for peak period of each activity. All plants and equipment need not to be
mobilized simultaneously. Plants and equipment as required as per the progress of the work shall be
brought at site in advance or as directed by Engineer-in-charge.

UNDERTAKING:-

We conform to deploy resources as per the above-mentioned minimum requirements and also
confirm to deploy plants and equipment over and above the minimum number indicated above, if the
work requires so.

SIGNATURE OF AUTHORIZED SIGNATORY ON BEHALF OF TENDERER

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

Instructions to Tenderers
Annexure 6 (As per clause C18.1)

FORM OF BANK GUARANTEE FOR TENDER SECURITY


(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)

1. KNOW ALL MEN by these presents that we ………………………………….…... (Name of Bank) having
our registered office at ……………………… (Name of country) (hereinafter called “the Bank”) are
bound unto Delhi Metro Rail Corporation Limited (hereinafter called “the Employer”) in the sum of Rs.
…………….. for which payment will and truly to be made to the said Employer, the Bank binds itself,
its successors and assigns by these presents.
2. WHEREAS…………………………(Name of Tenderer) (hereinafter called “the Tenderer”) has
submitted its tender dated for______________________ (Name
of the work as per clause 1.1.1 of NIT) hereinafter called the tender.
AND WHEREAS the Tenderer is required to furnish a Bank Guarantee for the sum of Rs.
……………………. as Tender Security against the Tenderer’s offer as aforesaid.
AND WHEREAS………………………………(Name of Bank) have, at the request of the Tenderer,
agreed to give this guarantee as hereinafter contained.
3. We further agree as follows:
a. That the Employer may without affecting this guarantee grant time or other indulgence to or
negotiate further with the Tenderer in regard to the conditions contained in the said tender and
thereby modify these conditions or add thereto any further conditions as may be mutually agreed
upon between the Employer and the Tenderer.
b. That the guarantee hereinbefore contained shall not be affected by any change in the constitution
of our Bank or in the constitution of the Tenderer.
c. That any account settled between the Employer and the Tenderer shall be conclusive evidence
against us of the amount due hereunder and shall not be questioned by us.
d. That this Guarantee commences from the date hereof and shall remain in force till ………………….
(date to be filled up) (date to be filled as mentioned in Clause 1.1.2 of NIT).
e. That the expression ‘the Tenderer’ and ‘the Bank’ herein used shall, unless such an interpretation
is repugnant to the subject or context, include their respective successors and assigns.

4. THE CONDITIONS OF THIS OBLIGATIONARE:

a. if the Tenderer withdraws his Tender during the period of Tender validity specified in the Form of
Tender, or
b. if the Tenderer does not accept the correction of his tender price in terms of Clause E5.2 of the
“Instructions to Tenderers”.
c. if the Tenderer having been notified of the acceptance of his tender by the Employer during the
period of tender validity:
i. fails or refuses to furnish the Performance Security in accordance with Clause F 5.1 of the
“Instructions to Tenderers” and/or
ii. fails or refuses to enter into a Contract within the time limit specified in Clause F4 of the
“Instructions to Tenderers`
We undertake to pay to the Employer mere on demand without demur upto the above amount upon
receipt of his first written demand, without the Employer having to substantiate his demand provided that
in his demand the Employer will note that the amount claimed by him is due to him owing to the
occurrence of any one or more of the conditions (a), (b), (c) mentioned above, specifying the occurred
condition or conditions.
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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

5. Notwithstanding anything contained herein:

a) Our liability under this Bank Guarantee shall not exceed Rs……………(Rupees………)

b) This Bank Guarantee shall be valid upto…………….

c) We are liable to pay the guarantee amount or part thereof under this Bank Guarantee only & only if
you serve upon us a written claim or demand on or before………….

Signature of Authorized Official of the Bank

Signature of Witness Name of Official ……………………..

Name : Designation …………………………..


Stamp/Seal
…………..………………….
of the Bank ……………………………
Address :

………………………….
Notes:
1. Please note that, as per clause C18.1, any deviation in Bid security with regard to amount, validity
and format shall be considered as material deviation and bid shall be dealt accordingly.
2. The stamp papers of appropriate value shall be purchased in the name of the Bank, who issues the
‘Bank Guarantee’.
The ‘Bank Guarantee’ shall be from the Scheduled Commercial Bank based in India, acceptable to
Employer.

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

Instructions to Bidders
Annexure – 6A

UNDERTAKING FOR ENCASHMENT / FORFEITURE OF TENDER SECURITY


(Refer Clause C 18 of ITT)

We, ________________________________________________________(Legal Name of JV / Consortium)


hereby confirm that Tender Security submitted in the form of FDR / Bank Guarantee(tick whichever is
applicable) for the Contract ___________________________________(Contract No. ) in the name of
______________________________________(name of the substantial member of JV / Consortium on
whose name Tender Security is submitted) is on behalf of ___________________________________(Legal
Name of the JV / Consortium ).

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.

STAMP & SIGNATURE OF AUTHORISED SIGNATORY(IES)

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.
2. JV / Consortium Member on whose name the tender security is submitted shall be substantial
member.

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Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

Instructions to Tenderers
Annexure 7 (As per ClauseF5.1)
FORM OF PERFORMANCE SECURITY (GUARANTEE) BY BANK
(Refer Clause F5 of “Instructions to Tenderers”)
1. This deed of Guarantee made this day of ………………. (month & year) between Bank
of…………………. …………. (Hereinafter called the “Bank”) of the one part, and Delhi Metro Rail
Corporation Limited (herein after called “the Employer”) of the other part.

2. Whereas Delhi Metro Rail Corporation Limited has awarded the contract
for (Name of work as per Clause 1.1.1 of NIT) (hereinafter called the
contract) to ...... (Name of the Contractor) hereinafter called the Contractor.

3. AND WHEREAS the Contractor is bound by the said Contract to submit to the Employer a Performance
Security for a total amount of Rs ........................ (Amount in figures and words).

4. Now we, the Undersigned................................................... (Name of the Bank) being fully authorized to
sign and to incur obligations for and on behalf of and in the name of....................................... (Full name
of Bank), hereby declare that the said Bank will guarantee the Employer the full amount of Rs.
…………………………… (Amount in figures and Words) as stated above.

5. NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the Contractor and we hereby unconditionally, irrevocably and without demur undertake to immediately
pay to the Employer upon first written demand and without cavil or argument, any sum or sums within
limits of ………….. (Amount of Guarantee) as aforesaid without reference to the Contractor and
without your needing to prove or show grounds or reasons for your demand for the sum specified
therein. The Bank shall pay to the Employer any money so demanded notwithstanding any
dispute/disputes raised by the Contractor in any suit or proceedings pending before any Court, Tribunal
or Arbitrator/s relating thereto and the liability under this guarantee shall be absolute and unequivocal.

6. This Guarantee is valid till............................. (The initial period for which this Guarantee will be valid shall
be as stated in Clause 4.2.1 of the “General Conditions of Contract (Nov 2019)”.)

7. At any time during the period in which this Guarantee is still valid, if the Employer agrees to grant a time
extension to the Contractor or if the Contractor fails to complete the Works within the time of completion
as stated in the Contract, or fails to discharge himself of the liability or damages or debts as stated under
Para 5, above, it is understood that the Bank will extend this Guarantee under the same conditions for the
required time on demand by the Employer and at the cost of the Contractor.

8. The Bank agrees that no change, addition, modifications to the terms of the contract Agreement
or to any documents, which have been or may be made between the Employer and the
Contractor, will in no way release us from the liability under this Guarantee; and the Bank,
hereby, waives any requirement for notice of any such change, addition or modification to the
Bank.

9. The Guarantee hereinbefore contained shall not be affected by any change in the Constitution of the
Bank or of the Contractor.
10. The neglect or forbearance of the Employer in enforcement of payment of any moneys, the payment
whereof is intended to be hereby secured or the giving of time by the Employer for the payment hereof
shall in no way relieve the bank of their liability under this deed.
11. The expressions “the Employer”, “the Bank” and “the Contractor” hereinbefore used shall include their
respective successors and assigns.

DMRC/BBC-02/Volume-1/ITT 51
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

12. Notwithstanding anything contained herein:

a) Our liability under this Bank Guarantee shall not exceed


Rs……………(Rupees………)

b) This Bank Guarantee shall be valid up to …………….

c) We are liable to pay the guarantee amount or part thereof under this Bank Guarantee only & only if
you serve upon us a written claim or demand on or before………….

In witness whereof I/We of the bank have signed and sealed this guarantee on the................. day of
…………… (Month & year) being herewith duly

authorized. For and on behalf of the .................. Bank.

Signature of Authorized Bank official


Name : ……………………………..

Designation : ……………………………..

Stamp/Seal of the Bank : ……………………………..

Signed, sealed and delivered for and on behalf of the Bank by the above named ........................ in the
presence of :

Witness 1. Witness 2.

Signature ……………………… Signature ……………………….

Name …………………………… Name …………………………..

Address ……………………….. Address …………………………

Notes:

1. The stamp papers of appropriate value shall be purchased in the name of the Bank, who
issues the ‘Bank Guarantee’.

2. The ‘Bank Guarantee’ shall be from the Scheduled Commercial Bank based in India,
acceptable to Employer

3. The ‘Bank Guarantee’ must be issued on the Structured Financial Messaging System (SFMS)
platform.
4. A separate copy of the BG has to be sent by the issuing bank to the Employer’s bank through
SFMS. The details of Employer’s bank are as under.
ICICI Bank Ltd.,
9A, Phelps Building, Connaught Place, New Delhi – 110001
IFSC Code: - ICIC0000007.

DMRC/BBC-02/Volume-1/ITT 52
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

5. Following codes are to be used by issuing bank:-


4 For the purpose of issuance and amendment of Bank Guarantee:-

Code Purpose
MT760/IFN760 Bank Guarantee Issuance
MT767/IFN767 Bank Guarantee Amendment

5 For the purpose of confirmation of issuance and amendment of Bank Guarantee:-

Code Purpose
IFN760 COV Confirmation of Bank Guarantee
Issuance
IFN767 COV Confirmation of Amendment in Bank
Guarantee

6. Bank Guarantee issued on the SFMS platform with any other code other than mentioned
above for the purpose shall not be acceptable to the Employer.

INSTRUCTIONS TO TENDERERS

DMRC/BBC-02/Volume-1/ITT 53
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

Annexure 7A
(As per Clause C12.3 of ITT)
FORM OF ADDITIONAL BANK GUARANTEE

1. This deed of Guarantee made this day of ………………. (month & year) between Bank
of…………………. …………. (hereinafter called the “Bank”) of the one part, and Delhi Metro Rail
Corporation Limited (hereinafter called “the Employer”) of the other part.

2. Whereas Delhi Metro Rail Corporation Limited has awarded the contract for
(Name of work as per Clause 1.1.1 of NIT) (hereinafter called the contract) to (Name of the
Contractor) hereinafter called the Contractor.

3. AND WHEREAS the Contractor is bound by the said Contract clause no. C12.3 of ITT to submit to
the Employer, a Additional Bank Guarantee for a total amount (equal to 1% of contract value as per
LOA) of Rs....................... (Amount in figures and words).

4. Now we the Undersigned .................................................... (Name of the Bank) being fully authorized to
sign and to incur obligations for and on behalf of and in the name of ....................................... (Full name
of Bank), hereby declare that the said Bank will guarantee the Employer the full amount of Rs.
…………………………… (Amount in figures and Words) as stated above.

5. NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the Contractor and we hereby unconditionally, irrevocably and without demur undertake to immediately
pay to the Employer upon first written demand and without cavil or argument, any sum or sums within
limits of ………….. (Amount of Guarantee) as aforesaid without reference to the Contractor and
without your needing to prove or show grounds or reasons for your demand for the sum specified
therein. The Bank shall pay to the Employer any money so demanded notwithstanding any
dispute/disputes raised by the Contractor in any suit or proceedings pending before any Court, Tribunal
or Arbitrator/s relating thereto and the liability under this guarantee shall be absolute and unequivocal.

6. This Guarantee is valid till .............................. (The initial period for which this Guarantee will be valid
must be for at least 6-months (Six months) longer than the anticipated expiry date of Defect Liability
Period as stated in Clause 4.2.1 of the “General Conditions of Contract (Nov 2019)).

7. At any time during the period in which this Guarantee is still valid, if the Employer agrees to grant a time
extension to the Contractor or if the Contractor fails to complete the Works within the time of completion
as stated in the Contract, or fails to discharge himself of the liability or damages or debts as stated under
Para 5, above, it is understood that the Bank will extend this Guarantee under the same conditions for
the required time on demand by the Employer and at the cost of the Contractor.

8. The Bank agrees that no change, addition, modifications to the terms of the contract Agreement
or to any documents, which have been or may be made between the Employer and the
Contractor, will in no way release us from the liability under this Guarantee; and the Bank,
hereby, waives any requirement for notice of any such change, addition or modification to the
Bank.

9. The Guarantee hereinbefore contained shall not be affected by any change in the Constitution of the
Bank or of the Contractor.

10. The neglect or forbearance of the Employer in enforcement of payment of any moneys, the payment
whereof is intended to be hereby secured or the giving of time by the Employer for the payment hereof
shall in no way relieve the bank of their liability under this deed.
DMRC/BBC-02/Volume-1/ITT 54
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

11. The expressions “the Employer”, “the Bank” and “the Contractor” hereinbefore used shall include their

respective successors and assigns.

12. Notwithstanding anything contained herein:

a) Our liability under this Bank Guarantee shall not exceed


Rs…………… (Rupees………)

b) This Bank Guarantee shall be valid up to …………….

c) We are liable to pay the guarantee amount or part thereof under this Bank Guarantee only & only if
you serve upon us a written claim or demand on or before………….

In witness whereof I/We of the bank have signed and sealed this guarantee on the................. day of
…………… (Month & year) being herewith duly

authorized. For and on behalf of the .................. Bank.

Signature of Authorized Bank official


Name : ……………………………..

Designation : ……………………………..

Stamp/Seal of the Bank : ……………………………..

Signed, sealed and delivered for and on behalf of the Bank by the above named........................ in the
presence of :

Witness 1. Witness 2.

Signature ……………………… Signature ……………………….

Name …………………………… Name …………………………..

Address ……………………….. Address …………………………

Notes:

1. The stamp papers of appropriate value shall be purchased in the name of the Bank, who
issues the ‘Bank Guarantee’.

2. The ‘Bank Guarantee’ shall be from the Scheduled Commercial Bank based in India, acceptable
to Employer.

3. The ‘Bank Guarantee’ must be issued on the Structured Financial Messaging System (SFMS)
platform.

4. A separate copy of the BG has to be sent by the issuing bank to the Employer’s bank through
SFMS. The details of Employer’s bank are as under.

DMRC/BBC-02/Volume-1/ITT 55
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

ICICI Bank Ltd.,


9A, Phelps Building, Connaught Place, New Delhi – 110001
Code: - ICIC0000007.

5. Following codes are to be used by issuing bank:-


6 For the purpose of issuance and amendment of Bank Guarantee:-

Code Purpose
MT760/IFN760 Bank Guarantee Issuance
MT767/IFN767 Bank Guarantee Amendment

7 For the purpose of confirmation of issuance and amendment of Bank Guarantee:-

Code Purpose
IFN760 COV Confirmation of Bank Guarantee
Issuance
IFN767 COV Confirmation of Amendment in Bank
Guarantee

6. Bank Guarantee issued on the SFMS platform with any other code other than mentioned above
for the purpose shall not be acceptable to the Employer.

DMRC/BBC-02/Volume-1/ITT 56
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

INSTRUCTIONS TO TENDERERS
Annexure-8 [As per clause 1.1.3.2B of NIT]

PROFORMA FOR BANKING REFERENCE FOR LIQUIDITY


(This Banking Reference should be on the letterhead of the bank)

BANK CERTIFICATE

This is to certify that M/s .................................................... is a reputed company with a good financial
standing.
If the contract for the work, namely …...................................................... is awarded to the above firm,
we shall provide overdraft/credit facilities to the extent of Rs…............................. to meet their working
capital requirements for executing the above contract.

-Sd-
Name of Bank
Senior Bank Manager
Address of the Bank

 Change the text as follows for Joint Venture:

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.
If the contract for the work, namely …........................................................ is awarded to the above joint
venture, we shall provide overdraft/credit facilities to the extent of Rs……………………………………
to M/s .............................................. to meet their working capital requirements for executing the
above contract.

(This should be given by the JV members in proportion to their financial participation.

DMRC/BBC-02/Volume-1/ITT 57
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing,
Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project

INSTRUCTION TO TENDERERS
Annexure-9 [As per Clause F5]

Date: _ _/_ _/_ _ _ _


To,
The Delhi Metro Rail Corporation Limited
Metro Bhawan, Fire Brigade Lane,
Barakhamba Road,
New Delhi-110001.

Dear Sir/ Madam

Sub: - Issuance of FDR..................... amounting to Rs.................valid till................

It is hereby certified that FDR bearing number....................dated............... amounting to Rs........................


(Amount in figure and words) has been issued by ..................... (Name of the Bank) branch address .................. .
The maturity value is Rs. ....................on dated ................. .

This FDR has been issued on the request of M/s...............................(Name of the Contractor) under the Contract
No........................ This FDR shall be encashed/redeemed without any consent / letter from the contractor
M/s..............................(Name of the Contractor) on the demand by M/s Delhi Metro Rail Corporation Limited. The
Contractor cannot encash / premature above FDR unless above original FDR is accompanied by the discharge
letter/NOC/approval of DMRC.

This FDR has been issued by authorized signatory of the Bank.

For or on behalf of ................................... (Name of the Bank)


Signature……………………………..
Name: ………………………………..
Designation: …………………………

Stamp of Bank……………………….

DMRC/BBC-02/Volume-1/ITT 58
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including
Plumbing, Drainage, External Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

VOLUME 1

FORM OF TENDER

DMRC/BBC-02/Volume-1/FOT 59
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

CONTRACT “BBC-02”
FORMOFTENDER Date:…………………….

To
Sr. GM/Contract
Delhi Metro Rail Corporation
5th Floor, A-Wing, Metro Bhawan,
Fire Brigade Lane, Barakhamba Road,
New Delhi –110 001

Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro
Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

GENTLEMEN,
1. Having inspected the Site, examined the General Conditions of Contract (Nov 2019), Special
Conditions of Contract, Condition of Contract on Safety & Health and Environment (Nov 2020),
Outline Construction Specifications for Civil Works (July 2021), Outline Design Specifications,
Tender Drawings and Instruction to Tenderers including Bill of Quantities, and addenda thereto (if
any) issued by the DMRC for the construction 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, 6A, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 17A, 18, 19, 19A, 20, 21, 22, 23, 24, 25, 26&27hereto, we hereby
(jointly and severally)* offer to construct 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 36 months (from the date of Commencement) for the sum stated in
the Bill of Quantities (Volume 6 of Tender Documents) as completed by us and appendedhereto.

2. We undertake (jointly andseverally) *:

(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
Tenderissubmittedshallconstituteabreachofthisundertaking)*;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 DMRC 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 thesame.
3. We submit with this a valid Tender Security 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.
5. Weunderstandthatyouarenotboundtoacceptthelowestoranytenderyoumayreceive.
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. W e 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
theContract has been awarded to declare the Contract null andvoid.
7. WeacknowledgethattheAppendixformsanintegralpartoftheTender.
8. We have independently considered the amount shown Clause 8.5 of the General Conditions of
Contract (Nov 2019) as liquidated damages and agree that they represent a fair estimate of

DMRC/BBC-02/Volume-1/FOT 60
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

thedamageslikelytobesufferedbyyouintheeventof the worknotbeing completed intime.


9. If our Tender is accepted we understand that we are to be held solely responsible for the due
performance of theContract.

10. We, including any subcontractors or suppliers for any part of the contract, have or will have
nationalities from eligible countries, in accordance with C11 of ITT.

11. We, including any subcontractors or suppliers for any part of the contract, do not have any conflict
of interest in accordance with C11 ofITT.

12. We are not participating, as a Tenderer, in more than one tender in this tendering process and we
are not sub-contractor to any other tenderer participating in this tendering process in accordance
with A5 ofITT.

13. We do hereby undertake that we have not been banned for business by DMRC/ Any other Metro
Organization (100%ownedby Govt.)/Ministry of Housing &Urban Affairs/ Order of Ministry of
Commerce, applicable for all Ministries and also that none of our work was rescinded/terminated
by DMRC / Any other Metro Organization (100% owned by Govt.) after award of contract during
last 3 years due tonon-performance.

We are, Gentlemen,
Yours faithfully,
Signature:
Witness: Date--------------
Signature: Name
Date------------ For and on behalfof…...............................
Name-------------------------- Address
Address
Signature:
Witness: Date-------------
Signature: Name
Date------------ For and on behalfof…...............................
Name-------------------------- Address
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 ventureor consortium)
(b) the liability of each member under the Tender, and under any contract formed upon its acceptance,
will be joint andseveral.
(c) AnauthorizedrepresentativeofeachmembermustsigntheTender.
(d) Signature on the Form of Tender shall be witnessedand dated.
(e) Copies of the relevant power of attorney shall beattached.

DMRC/BBC-02/Volume-1/FOT 61
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX-1

[REQUIREMENTS UNDER GENERAL CONDITIONS OF CONTRACT (Nov 2019)]


S.No DESCRIPTION REF. TO REQUIREMENT
. CLAUSE NO.

i Amount of Performance Security Clause 4.2 of 10 % of the Contract Price in types and
the GCC proportions of currencies in which the
contract price is payable. In the event of
variations during the execution of the
contract which result in payments to the
Contractor over and above the contract price,
the Performance Security shall be adjusted
in accordance with clause 4.2 ofGCC.
Ii Latest ‘date for commencement’ of the Clause 8.1 of Date given in LOA or Employer’s Notice to
Works the GCC Proceed

iii ‘Time for completion’ of the work from Clause 8.2 of 36 months
the date of commencement of the work the GCC

iv Liquidated Damages Clause 8.5 of (i) Liquidated damages shall be levied as


the GCC given in Appendix 2B of Employer’s
Requirements for not achieving the
respective key date.

(ii) The maximum limit of Liquidated


Damages shall be 10% of the total
Contract Value.
(iii) Total maximum limit of LD including sums
payable by the employer to designated
contractors is 15% as mentioned in
GCC.
V ‘Defects Liability Period’ for the whole Clause 10 of 52 weeks from the date of Taking- Over of
of the Works the GCC the Works.

SubClause
11.2 of
Vi Amount of advance payment GCC & Sub Clause 11.2 of GCC & Clause 22 of SCC
Clause22
of SCC
Vii Amount of Professional Indemnity Clause 15.1 Not Applicable
Insurance (PII) and 15.5 of
the GCC
iii Insurance cover for Contractor’s All Clause 15 of 100% of the Total Contract Price.
Risk and other requirements as the GCC
specified in the GCC

Ix Amount of Third Party Insurance Clause 5.8 The amount of Third Party Insurance for
and 15.3 of any one incident or all incidents put
the GCC together, shall be 10% (ten percent) of
the Total contract value.

DMRC/BBC-02/Volume-1/FOT 62
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

x Contract Key Dates Clause 8.5 of Refer Appendix 2B of the Employer’s


the GCC Requirement

xi Period in which all insurances have to Clause 15.5 Within 4 weeks from the “date of
be effected of the GCC commencement”

xii (a) Contractor’s Name and Address GCC clause ………….. (Tenderer to Complete)
18.1 …………….
(b) Employer’s Name and Address GCC clause Sr. GM/Contracts
18.2 Delhi Metro Rail Corporation Ltd.
Metro Bhawan, Fire Brigade Lane,
Barakhamba Road, New Delhi –
110001

Date:…………………..
Place:…………..……….
Signature of authorized signatory of Tenderer

DMRC/BBC-02/Volume-1/FOT 63
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 2

BILL OF QUANTITIES / PRICING DOCUMENT

We (name of the tenderer) hereby undertake that the Bill of Quantities/ Pricing
Document (Volume 6 of the tender documents) duly completed in all respect has been uploaded by us in
Package 2 (i.e., FinancialPackage).

Signature of authorized signatory of Tenderer

DMRC/BBC-02/Volume-1/FOT 64
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 3

OUTLINE QUALITY PLAN

The Contractor shall establish and maintain a Quality Assurance System in construction 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 Contractor alreadymaintains.

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 asrequired.

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 aplan.

DMRC/BBC-02/Volume-1/FOT 65
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 4

OUTLINE SAFETY & HEALTH PLAN AND OUTLINE ENVIRONMENT PLAN

The Tenderer shall submit as part of his Tender an Outline Safety & Health Plan and Outline
Environment Plan which shall contain sufficient information to demonstrate clearly the Tenderer’s
proposals for achieving effective and efficient compliance to the conditions of contract on Safety &
Health and Environment. The Outline Safety & Health Plan and Outline Environment Plan should
include an outline of the procedures and regulations to be developed and the mechanism by which
they will be implemented for ensuring Safety & Health and Environment as required by Clause 4.16
and 4.17 of the GCC.

The Outline Safety & Health Plan and Outline Environment Plan shall be headed with a formal
statement of policy in relation to Safety & Health and Environment protection and shall be sufficiently
informative to define the Tenderer’s plans and set out in summary an adequate basis for the
development of the Site Safety & Health Plan and Site Environment Plan to be submitted in
accordance with Clause 4.16 and 4.17 of the GCC.

The Tenderer may be requested to amplify, explain or develop his Outline Safety & Health Plan and
Outline Environment Plan prior to the date of acceptance of the Tender and to provide more details
with a view to reaching provisional acceptance of such plans.

DMRC/BBC-02/Volume-1/FOT 66
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 5

TENDERER’S TECHNICAL PROPOSALS

The Tenderer shall prepare his Technical Proposals based on the contents of Clause C2, Clause C6
and Annexure 1 of the Instructions to Tenderers.

DMRC/BBC-02/Volume-1/FOT 67
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 6


GENERAL INFORMATION ABOUT THE TENDERER

A. TENDERER INFORMATION SHEET

Tenderer’s Legal Name

Sole Proprietorship Firm / Partnership Firm / Private Limited


Legal status of the Tenderer
Company / Public Limited Company / Joint Venture /
Consortium (Please tick one)

In case of JV/Consortium, Legal Legal Name of JV/Consortium member % participation


name of each partner with 1.
percentage participation (also
provide information of each member 2.
in separate sheet (page 2 of2)
3.

Lead member of
JV/Consortium

Tenderer’s legal address in India,


telephone numbers, fax numbers,
email address for communication

Tenderer’s authorized
signatory (name, designation,
address, contactno.)

Tenderer’s authorized representative


(name, designation, address, contact
no.)

FOLLOWING NEEDS TO BE SUBMITTED BY THE TENDERER: (by each member in case of


JV/consortium) :

a) Affidavit in case of Proprietary firm.


b) Partnership Deed in case of partnershipfirm.
c) Memorandum & ArticleofAssociation in case of a Public/Private limitedcompany.
d) In case of JV/Consortium, MOU/Agreement (duly notarized) entered into by the jointventure
/ consortium members, containing intended percentage participation, nomination of Lead
Member and division of responsibility to clearly define the work of each memberetc.
e) Authorization/POA in favour of authorized signatory of tenderer to sign the tender, and also
in favour of authorized representative of each member in case of JV/Consortium.
Note: Tenderer’s authorized representative shall be deemed to have authority of the
tenderer to receive and deliver any correspondence and attend meetings with DMRC
related to the tender.

DMRC/BBC-02/Volume-1/FOT 68
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

B. JV/CONSORTIUM MEMBER INFORMATION


MEMBER – 1

JV/Consortium Member’s Legal Name

Legal status of the Member Sole Proprietorship Firm / Partnership Firm / Private
Limited Company / Public Limited Company (Tick any one)

Member’s country of constitution

Member’s legal address, telephone


numbers, fax numbers, email address)

Member’s authorized signatory


(name, designation, address)

MEMBER – 2

JV/Consortium Member’s Legal Name

Legal status of the Member Sole Proprietorship Firm / Partnership Firm / Private
Limited Company / Public Limited Company (Tick any one)

Member’s country of constitution

Member’s legal address, telephone


numbers, fax numbers, email address)

Member’s authorized signatory


(name, designation, address)

SIGNATURE OF AUTHORIZED SIGNATORY


ON BEHALF OF TENDERER

DMRC/BBC-02/Volume-1/FOT 69
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER- Appendix- 6A


(Undertaking by JV/Consortium members)
We understand that,
1. In case, it comes to notice of DMRC either during or even after completion of Work that JV/
Consortiummembershaveeitheraltered/modifiedtheMOU/JVagreementwrttotheMOU submitted
at tendering stage or entered a separate MOU/ Agreement or made any other arrangement
akin to a contract without the specific approval of Employer in writing, it shall be treated as a
fraudulent practice under GCC clause 4.33.1(a) (ii) of this tender for which every constituent
member of the JV/Consortia is liable to be debarred for a period upto three years along with
such other legal actions as may be permissible under the law.
2. Apart from all of us being jointly and severally responsible, we understand that each of us shall
also be individually responsible for our duties as specified in the MOU/JV agreement submitted
in terms of clause 1.1.3.1 vii d of NIT. In case our JV/Consortium qualifies the criteria of work
experience on the basis of our experience, each of us shall be responsible
fordeploymentofkeystaffasperclauseC12.3ofITT.Incaseoffailureonourpartinfulfilling
theseduties,theperformancesecuritysubmittedbyusmaybeforfeitedbytheEmployerin addition to
otheractions.
a. WeareawarethatourperformanceshallbeadjudgedbytheEmployeronquarterlybasis, and if the
same is not found satisfactory, actions as deemed appropriate by the Employer may be taken
including termination of contract or termination of any of JV/Consortium
member(s)fromthecontracti.ePartTerminationofthecontractaselaboratedinNITclause
1.1.3.1i(EligibleApplicants)Wearealsoawarethattheperformanceofeachofusmaybe
specificallystatedintheworkexperiencecertificate/performanceCertificateswhichmaybe
issuedtousduringorafterexecutionofWorkforourBusinessDevelopmentpurposes.

(i) STAMP & SIGNATURE OF AUTHORISED


SIGNATORYOF1STMEMBEROFJV/Consortium

(ii) STAMP & SIGNATURE OF AUTHORISED SIGNATORY OF


2ND MEMBER OF JV / Consortium

AND SO ON……….

STAMP & SIGNATURE OF AUTHORISED SIGNATORY


ON BEHALF OF JV / Consortium

Note:

1. This undertaking shall be signed by each of the JV/Consortiummembers.

2. Theundertakingshallbesignedbytheauthorizedsignatoryofeachconstituentmemberand counter
signed by the authorized signatory of JV /Consortium.

DMRC/BBC-02/Volume-1/FOT 70
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 7

STAFFING SCHEDULES AND ORGANISATION CHART

We hereby confirm to deploy the minimum project personnel as per Annexure-3 of ITT and with
prescribe qualifications and experiences as detailed in Annexure-4 of ITT.

SIGNATURE OF AUTHORIZED SIGNATORY ON BEHALF OF TENDERER

Note: The Tenderer shall provide a complete Staffing Schedule and Organization Chart he proposes for
the work which has to satisfy the requirement of item 1 above.

DMRC/BBC-02/Volume-1/FOT 71
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 8

SCHEDULE OF COMPONENTS MANUFACTURED OFFSHORE

Schedule of Components Manufactured Offshore

Description of Plant to be Imported


Item

(to be produced and submitted by Tenderers)

DMRC/BBC-02/Volume-1/FOT 72
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 9

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.

DMRC/BBC-02/Volume-1/FOT 73
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 10

RESOURCES PROPOSED FOR THE PROJECT- PLANTS & EQUIPMENTS

1. We hereby confirm to deploy the resources as per mentioned in Annexure-5 of ITT.

2. We also confirm to deploy plants &equipments over and above the numbers indicated as per
Annexure-5, if the work requires so.

Seal & Signature of Authorized Signatory of the Tenderer

NOTE: The Tenderer shall provide complete details of Resource Plants &Equipments, he proposes for the
work which has to satisfy the requirement of item 1 & 2 above.

DMRC/BBC-02/Volume-1/FOT 74
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 11


(As per Clause A 4.2)

UNDERTAKING FOR CORRUPT & FRAUDULANT PRACTICE

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 Clause 4.33 of the General Conditions of Contract (Nov 2019) 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
include any suchamount.

STAMP & SIGNATURE OF AUTHORIZED SIGNATORY

NOTE:
1. Incaseof JV/Consortium,theundertakingshallbesubmittedbyeachmemberoftheJV/Consortium.

2. The undertaking shall be signed by authorized signatory of the tenderer or constituent member in
case ofJV/Consortium.

DMRC/BBC-02/Volume-1/FOT 75
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER- APPENDIX-12


[As per Clause C2.2 (m)]
COPYRIGHT
UNDERTAKING

To: Date ………………..


Sr. GM/Contract
Delhi Metro Rail Corporation
5 Floor, A-Wing, Metro Bhawan,
th

Fire Brigade Lane, Barakhamba


Road, New Delhi –110001

LETTER OF UNDERTAKING

Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC
Buildings including Plumbing, Drainage, External Development Works etc. and Road Works of
Bhubaneswar MRTS Phase-I Project.

We, (name of tenderer / joint venture) hereby undertake that the downloaded tender
documents and drawings 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 permanentworks.

We further undertake that the aforesaid tender drawings and documents prepared by Delhi Metro Rail
Corporation Limited 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 othercountry.

Signed……

For and on behalf of


(Name of tender / joint venture)

DMRC/BBC-02/Volume-1/FOT 76
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER- APPENDIX 13


PROFORMA FOR STATEMENT OF MINOR DEVIATIONS
(Refer Clause C 15.1 of ITT)
The following are the particulars of minor deviations from the requirements of the Tender Document:

Sr. No Clause Deviations Remarks Confirming that price of


(including adjustment of each deviation/s
justification) is given in 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 tenderdocuments.
3. If the tenderer proposes deviations in tender documents and/or any other terms and conditions of
the tender, other than in this Appendix, it will have no effect.

Signature of authorized signatory on behalf of Tenderer

DMRC/BBC-02/Volume-1/FOT 77
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 14

[As per clause C8]

TENTATIVE PROJECT IMPLEMENTATION PROGRAMME

To be submitted by the tenderer as per clause C8 of ITT

DMRC/BBC-02/Volume-1/FOT 78
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 15


[As per clause E4.2]

FINANCIAL DATA
(CONSTRUCTION WORK DONE DURING THE LATEST LAST FIVE FINANCIAL YEARS)
NAME OF THE BIDDER (CONSTITUENT MEMBERINCASEOFJV/CONSORTIUM) :
(All amounts in Rupees in Crores)

Financial Data for Last 5 Audited Financial Years


S.
DESCRIPTION Year Year Year Year Year
No.
2018-19 2019-20 2020-21 2021-22 2022-23

1 2 3 4 5 6 7
Total value of
Construction
Workdone as per
audited financial
statements

NOTE:
1. Separate Performa shall be used for each member in case ofJV/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. 2019, 2020, 2021, 2022 and 2023.
6. The financial data in above prescribed format shall be certified by Chartered Accountant / Company
Auditor in original under his signature, stamp & membership number, UDIN No. 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 certified by Chartered Accountant that ‘the balance sheet has actually not been audited so
far’. In such a case the financial data of previous ‘4’ audited financial years will be taken into
considerationforevaluation.Ifauditedbalancesheetofanyyearotherthanthelastyearisnot submitted, the
tender will be considered as non-responsive.
However, the tenderer including all substantial members of JV / Consortium should have been
incorporated more than three years earlier from the last day of the previous month of tender
submission. In this case, for such tenderer, the average annual turnover shall be arrived considering
’nil’ turnover for the financial year(s) for which tenderer was not able to submit audited balance sheet
on account of non-incorporation of tenderer. Such datashall be divided by 5toworkoutthe average
annual turnover. In case balance sheet of the last year has not been audited so far, then data shall be
divided by 4 to work out the average annual turnover.

DMRC/BBC-02/Volume-1/FOT 79
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER –APPENDIX 16


[As per clause E4.2]

FINANCIAL DATA

(Commitment for On-going Works / Works in hand)

Applicant’slegalname…………………………….... Date………………
JV/ConsortiumMember’slegalname………………………Page………..of .................... pages

(All amounts in Rupees in Crores)


Name and Name of Contract Value of Value of
Brief client with Value In balance work Date of Expected Delay if work to be
particulars of telephone Rupees yet to be Completion Completion any, with done
contract number Equivalent done in as per Date reason during next
(Clearly and fax (Give only the Rupee Contract 36 months
indicate the number value of work equivalent as Agreement with effect
part of the assigned to on the last from the first
Work the day of the day of the
assigned to applicant(s) previous month of
the applicant month of tender
(s)) tender submission

submission

TOTAL

Note:
The above Annexure shall be certified by Chartered Accountant in original under his signature, stamp and
membership number, Firm Registration Number & UDIN.

DMRC/BBC-02/Volume-1/FOT 80
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER - APPENDIX 17


WORK EXPERIENCE
Tenderer’s legalname………………………… Date……………………………….

JV/Consortium Member’s legal name……………………Page………..of ................ pages

Type of Participation: Substantial / Non-substantial (Tick whichever is applicable)

For works as stipulated under clause no. 1.1.3.2 A and 1.1.3.1 (vii) (b) of NIT (considering escalation as per
Notes No. (d) of Clause 1.1.3.2 of NIT)

Work Experience
Similar ContractNumber of
required

Contract Identification

Award date

Completion date (in case of completed


works)
Employer’s Name

Employer’s Address:

Telephone / Fax number:


E Mail

Role in Contract Individual


JV/Consortium Member
(Individual/JV-Consortium
member/sub-contractor)
Completion Cost/ Value of actually Currency (as stated in In equivalentINRat__________
executed works Clients Certificate) pricelevel (as on the last day of
the month previous to the month
of tender submission)
Value of “Similar work” as per Clause Currency (as stated in In equivalentINRat__________
1.1.3.2.A of NIT Clients Certificate) pricelevel (as on the last day of
(Refer Note-3 below) the month previous to the month
of tender submission)
If JV member specify percentage % participation In equivalentINRat_________
participation in contract & amount pricelevel (as on the last day of
(Please refer Note-1 below) the month previous to the
month of tender submission)

NOTE:
1. Only the value of contract as executed by the tenderer/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 documentaryevidence.

2. Separate sheet for each work along with Clients Certificate to besubmitted.

3. If the above work (s)comprises of works other than “similar work” also, then client’s certificate clearly
indicating the amount of “Similar works”shall be furnished by the tenderer..

DMRC/BBC-02/Volume-1/FOT 81
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER - APPENDIX -17A

Summary of Information provided in Appendix 17


Applicant’s legalname…………………………....... Date……………………………….

Group Member’slegalname………………………… Page………..of ................ pages

Name of Total Number of Works No. of contracts


Applicant For substantial partner For substantial partner delayedi.e.
(each As per Clause No of JV/Consortium as per completed
of JV/Consortium as per
member 1.1.3.2.A of NIT Clause No. 1.1.3.1(vii)(a) beyond the
in case Clause No. 1.1.3.1(vii)(a) original date of
of NIT
of group) of NIT completion

NOTE:-

1. Reasons of delay whether on contractors account or on account of Employer in each applicable case
need to be enclosedseparately.

DMRC/BBC-02/Volume-1/FOT 82
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER – APPENDIX 18


FINANCIAL DATA
(FINANCIAL STANDING)
Applicant’s legal name …………………………Date………………………………
JV/Consortium Member’s legal name………………………… Page………..of ........................... Pages
Each Applicant or member of a JV must fill in this form (All amounts in Rupees in Crores)

S.N. Description Financial Data for Latest Last 5 Years (Indian Rupees)
Year Year Year Year Year
2018-19 2019-20 2020-21 2021-22 2022-23
1. Total Assets
2. Current Assets
3. Total External Liabilities
4. Current Liabilities
5. Annual Profits Before Taxes
6. Annual Profits After Taxes
7. Net Worth [= 1 - 3]
8. Working Capital [=2 - 4]
9. Return on Equity
10. Annual turnover (from
Construction work)
11. Gross Annual turnover
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 ofJV/Consortium.
2. AllsuchdocumentsreflectthefinancialdataoftheApplicantormemberincaseofJV,andnotsisterorParent 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 financialstatements.
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. 2019, 2020, 2021,2022,2023.
6. Return on Equity = Net Income / ShareholdersEquity
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, UDIN No and Firm RegistrationNumber.
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 certified by Chartered Accountant that ‘the balance sheet
has actually not been audited so far’. 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.
However, the tenderer including all substantial members of JV / Consortium should have been incorporated
more than three years earlier from the last day of the previous month of tender submission. In this case, for
such tenderer, the average annual turnover shall be arrived considering ‘nil’ turnover for the financial year(s)
for which tenderer was not able to submit audited balance sheet on account of non-incorporation of tenderer.
Such data shall be divided by 5 to work out the average annual turnover. In case balance sheet of the last
year has not been audited so far, then data shall be divided by 4 to work out the average annual turnover.

DMRC/BBC-02/Volume-1/FOT 83
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER - APPENDIX 19


(Undertaking as per Clause 1.1.3.1 v(a) & (b) of NIT)

(to be submitted by tenderer (single entity) or by each member separately in case of JV/Consortium)

We do hereby undertake that DMRC/ any other Metro Organization (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
DMRC/ any other Metro Organization (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.

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

Note :
 In case of JV/Consortium, the undertaking shall be submitted by each member of the JV/Consortium.

 The undertaking shall be signed by authorized signatory of the tenderer. In case of JV/Consortium by
the authorized signatory of the constituent member counter signed by the authorized signatory of
thetenderer.

DMRC/BBC-02/Volume-1/FOT 84
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER- Appendix- 19A

(Undertaking as per Clause 1.1.3.1 v(c) of NIT)

(to be submitted by tenderer (single entity) or by each member separately in case of JV/Consortium)

(i) We do hereby undertake that following is the list of all the on-going Civil Engineering works awarded
by DMRC/ any other Metro Organization (100% owned by Govt.) of value more than 40% of NIT cost of work
and the list of completed Civil Engineering Works awarded by DMRC/ any other Metro Organization (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.

Applicant's legal name .......... Date.............

JV/Consortium Member's legal name........... Page ..... Of .................... Pages

S
Contract No. & Name of Name of the Performance Performance
.
Name of Work Employer / contractor including of work based on
N Client constituent
o members in case of
. JV/Consortium

* Satisfactory/ *Client's
unsatisfactory certificate/
Undertaking by
tenderer
1

Add required number of rows


* Strikethrough whichever is not applicable.

(ii) We also do hereby undertake that the performance of works has been indicated above for all the works
which are either based on Client / Employer certificate or our undertaking. We also understand that DMRC at
its sole discretion, may get performance of any such work, for whichundertakingof satisfactory performance
has been given by us, directly from the Client / Employer for the Works listed above and if performance from
Client / Employer for such work is found to be unsatisfactory, we shall be considered non-complaint to the
tender condition.

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 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) below.

b) If the tenderer or any of the constituent JV/Consortium member(s) 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 JV/Consortium member(s). Otherwise, thetenderer including the constituent
JV/Consortium member(s) shall be considered ineligible for participating in tender process. In other cases, if
DMRC/BBC-02/Volume-1/FOT 85
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

the Overall Performance of tenderer or any of the constituent JV/Consortium member(s), 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 JV/Consortium member(s) 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, the same will be considered as "fraudulent Practice" under Clause 4.33.1 a (ii) of GCC and the tender
submission of such tenderers will be rejected besides taking further action as per Clause 4.33.1(b) and 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 member counter signed by the authorized signatory of tenderer.

Stamp & Signature of Authorized Signatory

Example:

Works reported in the Appendix 19A 0-4 5 6 7 8 9 10 14

No. of unsatisfactory works Nil 1 1 1 2 2 2 3


acceptable

DMRC/BBC-02/Volume-1/FOT 86
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER - Appendix- 20

(Undertaking as per Clause 1.1.3.1 v(d) of NIT) (UNDERTAKING FOR NOT BEING PENALISED IN A
CONTRACT)

(to be submitted by tenderer (single entity) or by each member separately in case of JV/Consortium)

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 of 10% (or more) of the contract
value due to any other reason in any Civil Engineering works awarded by DMRC/ any other Metro
Organization (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).

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

Note :

1. In case of JV/Consortium, the undertaking shall be submitted by each member of the JV/Consortium.

2. The undertaking shall be signed by authorized signatory of the tenderer. In case of JV/Consortium by the
authorized signatory of the constituent member counter signed by the authorized signatory oftenderer.

DMRC/BBC-02/Volume-1/FOT 87
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER - Appendix- 21

(Undertaking as per Clause 1.1.3.1 v(e) of NIT) (UNDERTAKING FOR FINANCIAL STABILITY)

(to be submitted by tenderer (single entity) or by each member separately in case of JV/Consortium)

We do hereby undertake that we have not suffered bankruptcy/insolvency during the last 5 years (from the
last day of previous month of the tender submission).

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

Note:

1. In case of JV/Consortium, the undertaking shall be submitted by each member of the JV/Consortium.

2. The undertaking shall be signed by authorized signatory of the tenderer. In case of JV/Consortium by the
authorized signatory of the constituent member counter signed by the authorized signatory oftenderer.

DMRC/BBC-02/Volume-1/FOT 88
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER- Appendix- 22

UNDERTAKING FOR DOWNLOADED TENDER DOCUMENT

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://eprocure.gov.in/eprocure/app. 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://eprocure.gov.in/eprocure/app]. We confirm
our unconditional acceptance for the same and have considered for these in the submission of our
financialbid.

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

DMRC/BBC-02/Volume-1/FOT 89
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER- Appendix- 23

(Undertaking as per Clause 1.1.3.1 ix (d) of NIT)

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 80% / 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 and location at which the local value addition is made 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 GCC clause 4.33.1(a) (ii) of this tender for which the tenderer or its successors can be
debarred for a period upto 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), Government of India dated 04.06.2020, after completion of works to the
Engineer.

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

Note :
a) This appendix need to be submitted only by ‘Class-I local supplier’ / ‘Class-II local supplier’ as defined
in Clause 1.1.3.1 ix of NIT.
b) The undertaking shall be signed by authorized signatory of the tenderer. In case ofJV/Consortium by
theauthorized signatory of the constituent members counter signed by the authorized signatory of
tenderer.

DMRC/BBC-02/Volume-1/FOT 90
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER- Appendix- 24

Performa for Submission of the List of the Goods, Works & Services Tentatively Proposed to
be Offered with Local Value Addition

S.No. Description of Items (Goods/Works/Services) Vendor Location

Stamp & Signature ofAuthorised Signatory

DMRC/BBC-02/Volume-1/FOT 91
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER- Appendix- 25


Details of Bank Account for refund of Tender Security/EMD

(Applicable if EMD/Tender Security deposited through Demand Draft/

Banker’s Cheque/ RTGS/ NEFT/ IMPS)

1. Name of the firm/ Bidder:

2. Complete Address:

3. Name of the Bank:

4. Branch:

5. Address of the Bank Branch:

6. Name of the account holder in bank:

7. Account Type:

8. Account Number:

9. IFS Code of the bank Branch:

10. Whether a copy of cancelled Cheque of the Bidder/Firm submitted: Yes or No (Please tick)
(A copy of cancelled cheque to be enclosed).

Signature of the Authorized person of the Bidder with seal & Date
Notes:-

a) EMD/Tender Security will be refunded through NEFT/ RTGS/ IMPS/ DD/ Bankers
Cheque/ any other mode of payment, in the name of firm and bank account
mentioned in this appendix, which shall be of same firm and account through which
EMD/Tender Security has been paid to DMRC.
b) EMD/Tender Security shall be paid in compliance with ITT Clause C18.1.2 / C18.1.3

DMRC/BBC-02/Volume-1/FOT 92
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER- Appendix- 26

Undertaking

I/We [Name of the bidder] have read the clause(s) regarding restrictions on procurement from a
bidder of a country which shares a land border with India and on sub-contracting to contractors
from such countries; I/We [Name of the bidder] certify that we are not from such a country or, if
from such a country, has been registered with the Competent Authority and will not sub-contract
any work to a contractor from such countries unless such contractor is registered with the
Competent Authority. I/We hereby certify that [Name of bidder] fulfils all requirements in this
regard and is eligible to be considered.

*Strike off the highlighted text in case of tenders for Works not involving possibility of sub-
contracting.

Signature of authorized signatory of Tenderer

NOTE:
1. In case of JV/Consortium, the undertaking shall be submitted by each member of the
JV/Consortium.

2. The undertaking shall be signed by authorized signatory of the tenderer or constituent member in
case of JV/Consortium.

3. If the aforesaid certificate given by a bidder whose bid is accepted is found to be false, it will be
considered as “fraudulent practice” under clause 4.33.1a (ii) of GCC and this would be a ground for
immediate termination besides taking further action as per Clause 4.33.1(b) /legal action in
accordance with law.

DMRC/BBC-02/Volume-1/FOT 93
Name of work: Contract BBC-02: Civil Works for Construction of Bhubaneswar Metro Depot Cum Workshop, OCC Buildings including Plumbing, Drainage, External
Development Works etc. and Road Works of Bhubaneswar MRTS Phase-I Project.

FORM OF TENDER - Appendix- 27


(Pending Litigation as per Clause 1.1.3.1 v(f) of NIT)
(to be submitted by tenderer (single entity) or by each member separately in case of JV/Consortium)

Applicant'slegalname.......... Date.............

JV/ConsortiumMember'slegalname........... Page.....Of ..............Pages

Net Worth of the tenderer/ JV/ConsortiumMemberINR* Crore during last audited financialyear

Total Total amount Applicant's Applicant's


completed in dispute percentage share of
Contract Identification Year of cost (current (including participation (in disputed
S.No. award value in case claims & case of work amount
of ongoing counter- executed by the (INR*)
work) claim) applicant in
(INR*) (INR*) JV/Consortium)
(1) (2) ( (4) (5) (6) (7)=(5) x (6)
3)
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute: [indicate
main issues in dispute]
Status of dispute: [indicate
if it is under Arbitration or
being dealt with by the
Judiciary]

Add required number of rows

Total of amounts of all contracts in dispute (INR*)

Percentage of net worth

* or respective currency

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

Note:
1. In case of JV/Consortium, this information shall be submitted by each member of the
JV/Consortium.
2. This information 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
oftenderer.

DMRC/BBC-02/Volume-1/FOT 94

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