Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

Contract No: DMRC/CPM-6/AMC/2024-25

Maintenance Works of DMRC CPM-6 office at Malviya Nagar,

New Delhi

NOTICE INVITING TENDER (NIT)

TENDER DOCUMENTS

DELHI METRO RAIL CORPORATION LTD.

5thFLOOR, C-WING, METRO BHAWAN,

FIRE BRIGADE LANE, BARAKHAMBA ROAD,
NEW DELHI 110001

Notice Inviting Tender Page 1of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

INDEX

Clause Description Page No.

1.1 General 2
1.1.2 Key Details 3-5
1.2 Qualification Criteria 5-7
1.2.1 Eligible Applicant 7-11
1.2.2 Minimum Eligibility Criteria 11-13
1.3 Tender Documents Consist 13-14
Instructions for online bid submission 15

Notice Inviting Tender Page 2of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

NOTICE INVITING TENDER (NIT)

1.1 GENERAL
1.1.1 Delhi Metro Rail Corporation Ltd. invites Limited e-tender through e-tendering system (i.e.
Technical and Financial bid) from eligible applicants who fulfil qualification criteria as
stipulated in clause 1.2 of NIT for Contract: DMRC/CPM-6/AMC/2024-25 : Maintenance
works of DMRC CPM-6 office at Malviya Nagar, New Delhi. The brief scope of the work and
site information is provided in ITT clause A1.1.

1.1.2 The key details are as follows:

Contract: DMRC/CPM-6/AMC/2024-25 : Maintenance

a. Name of Work works of DMRC CPM-6 office at Malviya Nagar, New Delhi

b. Approximate Cost of work Rs. 13,02,053.60 (Inclusive of all taxes & duties) for 12
months

Amount of Tender Security:- Rs. 26,041.07/-

(Payment of tender security is to be made only by RTGS,
NEFT and IMPS. No other mode of payment will be
accepted. The detail of bank account of DMRC for payment
of Tender security is mentioned in clause 1.1.2(p) of NIT. The
bidders shall be required to upload the scanned copies of
transaction of payment of tender security/ EMD including e-
receipt (clearly indicating UTR No. & Tender reference i.e.
DMRC/CPM-6/AMC/2024-25: Maintenance works of DMRC
CPM-6 office at Malviya Nagar, New Delhi must be entered
Tender Security Amount* in the remarks at the time of online transaction of payment,
c.
(Earnest Money Deposit) failing which payment may not be considered) at the time of
online bid submission.
For further details, clause C18.1.2 of ITT may be referred.
Note: Bidders to be 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 members of JV/Consortium.
If tender security has been made from other than the
account mentioned above, same shall not be accepted
Rs.5900 (inclusive of 18% GST) Non-Refundable (Payment
of cost of tender document / tender fee is to be made only
by RTGS, NEFT & IMPS. No other mode of payment will
be accepted. The detail of bank account of DMRC for
payment of cost of tender document is mentioned in clause
1.1.2(p) of NIT. The bidders will be required to upload the
Cost of Tender Documents* scanned copies of transaction of payment of tender
d.
(Non-Refundable) document cost/ tender fee including e-receipt (clearly
indicating UTR No. & Tender reference i.e. DMRC/CPM-
6/AMC/2024-25 : Maintenance works of DMRC CPM-6
office at Malviya Nagar, New Delhi must be entered in the
remarks at the time of online transaction of payment, failing
which payment may not be considered) at the time of online
bid submission.
From 12.06.2024 to 05.07.2024 (upto 14:00 hrs) on e-
Tender Document available for tendering website https://eprocure.gov.in/eprocure/app
e. sale on website Tender document can only be obtained after registration of
tenderer on the website https://eprocure.gov.in/eprocure/app.
Last date of Seeking
Clarification NA
f.

Notice Inviting Tender Page 3of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

Pre-bid Meeting NA
g

Last date of issuing

h.
amendment, if any NA
Tender submission Start Date
i.(i) 28.06.2024 (From 9:00 hrs)
and Time (online)
Tender submission end Date
i.(ii) 05.07.2024 (Upto 14: 00hrs)
and Time (online)
Date & Time of opening of
j. 06.07.2024 (up to 14:30 hrs)
Tender (Technical Bid) (online)
Will be informed later on after the evaluation of technical
Date & Time of opening of
k. bids (Only to the bidders who will successfully qualify the
Financial Bid
Technical Evaluation)
l. Validity of Tender 180 days from the last date of submission of tender.
Stipulated date of Within seven days from the date of issue of “Letter of
m.
Commencement of work Acceptance” or as per the instructions of Engineer.

n. Completion Period 12 Months

Authority and place for
Project Manager/6A
submission of tender cost,
Office of Chief Project Manager-6,
tender security (EMD),
o. Delhi Metro Rail Corporation Ltd.
required documents (if any)
Press Enclave Road
and seeking clarifications on
New Delhi –110017
tender documents

p. To facilitate payment of Tender Fee & 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
DMRC Tender Cell
ICICI Bank Building,
A/C 000705045337 Current ICIC0000007
Connaught Place,
New Delhi-110001

1.2 QUALIFICATION CRITERIA

1.2.1 Eligible Applicant

i. The tenders for this contract will be considered only from those tenderers (proprietorship firms,
partnership firms, companies, corporations, consortia or joint ventures) who meet requisite
eligibility criteria prescribed in the sub-clauses of Clause 1.2 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 1.2.1 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. 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

Notice Inviting Tender Page 4of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

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:
a) At their own, if they have adequate technical competence to the satisfaction of Employer.
b) 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.
c) 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 (a) & (b) 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-5A of Form of Tender.

ii (a) A non-Indian bidder (not restricted as defined in clause 1.2.1.x below) is permitted to tender
only in a joint venture or consortium arrangement with firms that are registered or incorporated
in India with minimum participation interest of 74% or their wholly owned Indian subsidiary
registered in India under Companies Act-2013 with minimum 74% participation. Indian
contractor/Indian subsidiary to be lead member of JV/Consortium

ii (b) A tenderer shall submit only one bid in the particular 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 sub-contractor while submitting a bid individually or as a
partner of a JV/ Consortium in the same bidding process. A tenderer, if acting in the capacity of
subcontractor in any bid, may participate in more than one bid, but only in that capacity.
iii Tenderers shall not have a conflict of interest. All Tenderers found to have a conflict of interest
shall be disqualified. Tenderers shall be considered to have a conflict of interest with one or
more parties in this bidding process, if:

(a) A tenderer has been engaged by the Employer to provide consulting services for the
preparation related to procurement for implementation of the project; or
(b) A tenderer is any associates/affiliates (inclusive of parent firms) mentioned in sub-paragraph (a)
above; or
(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 an 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 bid, 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-5 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

Notice Inviting Tender Page 5of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

of JV/Consortium, members. The tenderer should submit undertaking to this effect in Appendix-
5 of Form of Tender.
v (c). Deleted.
v (d). Tenderer (including any member in case of JV/consortium) for the work 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 (from the last day of
the previous month of tender submission). The tenderer should submit undertaking to this effect
in Appendix-5 (para-5) of Form of Tender.

v (e). Tenderer (any member in case of JV/consortium) must not have suffered bankruptcy/ insolvency
during the last 5 years (from the last day of the previous month of tender submission). The
tenderer should submit undertaking to this effect in Appendix-5 (para-6) of Form of Tender and
they shall be considered ineligible applicants in terms of Clause 1.2.1 of NIT.

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 percentage (50%) of the tenderer’s
net 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-16 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-5 or pending litigation criteria as per clause 1.2.1 v (f), the tenderer
including the constituent JV/Consortium member(s) shall be considered ineligible applicants in
terms of clause 1.2.1 of NIT.
vi. If there is any misrepresentation of facts with regards to undertaking submitted vide Appendix-
5 or information submitted in Appendix-16, 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. Lead partner must be a substantial partner in the JV/Consortium i.e. it should have a
minimum of 26% participation in the JV/Consortium. Each substantial partner in case of
JV/Consortium shall have experience of executing at least one “similar work” ** of
value of Rs. 5.20 lakhs or more in last 05 years as defined in clause 1.2.2 (A) of NIT.
The tenderer shall submit details of above works in the Performa of Appendix-7 of FOT
as per Notes to clause 1.2.2A 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 their financial soundness shall not be considered for evaluation of
JV/Consortium. In the tender of above work, a Joint Venture/ Consortium to qualify, each of
its non-substantial partner must have experience of executing at least one “civil work” ** of
minimum value of Rs.2.60 lakhs in last 05 years from the last day of the month previous
to the month of tender submission.
The tenderer shall submit details of above works in the Performa of Appendix-7 of FOT
etc. as per Notes of Clause 1.2.2.(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 application otherwise the applicant shall be
treated as non-responsive.
d. The tenderer, in case of JV/Consortium, shall clearly and unambiguously define the role and
responsibilities for each substantial/non-substantial partner particularly with reference to
financial, technical and other obligations in the JV agreement/MOU submitted vide foot note
(d) of Appendix-4 of Form of Tender and acceptable to the Employer, providing clearly that
any abrogation/subsequent reassignment of any responsibility by any substantive/non-

Notice Inviting Tender Page 6of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

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 accordingly.

Note: - The MOU may stipulate 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 wrt 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-5A of Form
of Tender.

e. The Employer in such cases, may in its sole discretion take action under clause 4.33.1 (b)
and/ or under clause 1.33.1(c) of GCC against any member(s) for failure in tenderer’s
obligation and declare that member(s) of JV/Consortium ineligible for award of any tender in
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/Consortium with minimum 26%
participation each (as substantial member) for such member(s).However, in such a case each
substantial member of JV/Consortium has to substantiate the experience of executing at least
one “similar work” as per the requirement of clause 1.2.1(vii)(a) of NIT in their individual
capacity along with all other requisite conditions stipulated in the tender documents.
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
asJV/Consortium with its Subsidiary Company/ Companies as a member(s) in JV/Consortium
with minimum26% participation each (as substantial member) for such member(s).However,
in such a case each substantial member of JV/Consortium has to substantiate the experience
of executing at least one “similar work” as per the requirement of clause 1.2.1(vii)(a) of NIT in
their individual capacity along with all other requisite conditions stipulated in the tender
documents.

ix. Purchase Preference to Class-I local supplier/Preference to Make in India: Only 'Class-I
local supplier' and 'Class-Il local supplier', as defined below, are eligible to participate
for the subject tender.

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 90%, as defined under the
Order No. P-45021/2/2017-PP(BE-II) dated 04.06.2020 issued by Department for Promotion

Notice Inviting Tender Page 7of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

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-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

Notice Inviting Tender Page 8of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

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-
12 and Appendix-13 of FOT duly filled to be uploaded along with the technical bid. In
case, bidder do not upload Appendix-12 and Appendix-13 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.
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 only in
JV / Consortium as defined at clause 1.2.1 ii (a) of NIT, in any procurement whether of goods,
services (including consultancy services and non-consultancy services) or works (including
turnkey projects) 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.
Definitions pertaining to “Restriction of Bidders from Countries sharing
Land Borders with India” Clause
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
Notice Inviting Tender Page 9of 15
Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

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), has
a controlling ownership interest or who exercises control through other means.

Explanation—
a. "Controlling ownership interest" means ownership of, or entitlement to, more than twenty-five per
cent of shares or capital or profits of the company;
b. "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.
1.2.2 Minimum Eligibility Criteria
A. Work Experience : The tenderers will be qualified only if they have successfully completed or
substantially completed similar works of which falling during last five 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 Rs. 10,41,642.88 lakhs or more
OR
(ii) At least two “similar works” **each of value of Rs. 6,51,026.80 lakhs or more
OR
(iii) At least three “similar works”**each of value of Rs. 5,20,821.44 lakhs or more

** “Similar works” for this contract shall be “Any Civil Engineering Work involving
building/structures or civil maintenance works”

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 Rs. 5.20 lakhs or more outside the country
of the foreign partner.

Notice Inviting Tender Page 10of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

Notes:

a) The tenderer shall submit details of works executed by them in the Proforma of Appendix-7
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 works) 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 also be submitted. All the
documents or certifications, which are provided by CA after 1st July, 2019, 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 on https://udin.icai.org/search-udin.
b) 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.
c) 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, same shall be considered for evaluation even if it is not
stamped.
d) For completed works, value of work done shall be updated to the 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.
e) If the above work(s) (i.e. “Similar work” comprise other works, then client’s certificate clearly
indicating the amount of work done in respect of the “similar work” shall be furnished by the
tenderer in support of work experience along-with their tender submissions.
f) 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.
g) Substantial completion shall be 80% (value wise) or more works completed under the contract
based on original scope of work/ revised scope of work, whichever is less.
h) 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 or percentage participation, then the value of work as per their
percentage participation in such JV/Consortium shall be considered.
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
& certification to the concerned clients(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.
j) 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.

B. Financial Standing: The tenderer will be qualified only if they have minimum financial
capabilities as below :-
(i) T1- Annual Turnover: The average annual turnover of the tenderer during last three audited
financial years (2020-21, 2021-22 and 2022-23) should not be less than ₹ 5.20 lakhs
The averages 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 percentage
participation = N, Let the averages annual turnover of member-1 is A and that of member-2 is
B, then average annual turnover of JV/Consortium will be = AM+BN
100

Notice Inviting Tender Page 11of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

(ii) Deleted.
(iii) Deleted.

(iv) Deleted.

Notes:

i. Financial data for latest last three audited financial years has to be submitted by the tenderer
(each member in case of JV/Consortium) in Appendix-8 of Form of Tender along with audited
balance sheets. The financial data in the prescribed format shall be certified by Chartered
Accountant with his stamp, signature, membership number & Unique Documents
Identification Number (UDIN). In case audited balance sheet of the last financial year is not
made available by the bidder, he has to submit an affidavit (As per format provided in
Appendix-8A to form of Tender) certifying that ‘the balance sheet has actually not been
audited so far’. In such a case the financial data of previous ‘2’ audited financial years will be
taken into consideration for evaluation. If audited balance sheet of any other year than the last
year is not submitted, the tender may be considered as non-responsive. All the documents or
certificates which are provided by CA after 1st July, 2019, 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 on https://udin.icai.org/search-
udin. 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 case financial statements for any of the financial
year is not required to be audited as per any relevant section of the Income Tax Act, then,
same should be supported by C.A. (Chartered Accountant) certificate alongwith all the GST
returns, ITR-3/4 (including all the forms) and form 26AS for each of the financial year not
liable to be audited as per relevant section of the income tax Act.

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.
ii. 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.

(C) Deleted.

1.2.3 The tender submission of tenderers, who do not qualify the minimum eligibility criteria
stipulated in the clauses 1.2.2 (A) to 1.2.2 (C) above, shall not be considered for further
evaluation and therefore rejected. The mere fact that the tenderer is qualified as mentioned in
sub clause 1.2.2 (A) to 1.2.2 (C) 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.

1.3 Tender document consists of the following:

a. Notice Inviting Tender
b. Instructions to Tenderers (Including Annexures)
c. Form of Tender (Including Appendices)
d. General Conditions of Contract (November, 2019 up to correction slip No. 4)
e. Special Conditions of Contract
f. Employer’s Requirement
g. Bill of Quantities

1.3.1 The Tenderers may obtain further information/ clarification, if any, in respect of these tender
documents from the office of Chief Project Manager-6, Press Enclave Road Malviya Nagar –
110017.

Notice Inviting Tender Page 12of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

1.3.2 All Tenderers are hereby cautioned that tenders containing any material deviation or
reservations as described in ClauseE4.4 of “Instructions to Tenderers” and/or minor deviation
without quoting the cost of withdrawal shall be considered as non-responsive and is liable to be
rejected.
1.3.3 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.
1.3.4The 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 from e-
tendering portal 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.

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

uploading the mandatory scanned copies of transaction of payment of tender document
cost/tender fee and Tender Security (in the form of RTGS, NEFT and IMPS) and other
documents as stated in the tender document. Instructions for on-line bid submission are furnished
hereinafter.

1.3.6 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 uploaded 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.

1.3.7 Tenders shall be valid for a period of 180 days (both days inclusive i.e. the date of submission
of tenders and the last date of period of validity of the tender) from the Date of Submission of
Tenders and shall be accompanied with a tender security of the requisite amount as per clause
C17 of ITT.
1.3.8 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.

1.3.9 Tenderers are advised to keep in touch with e-tendering portal

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

1.3.10 Letter of acceptance to the successful bidder shall be uploaded on procurement portal
which can be downloaded by the successful bidder.

1.3.11 For any corruption related complaint, tenderer may contact CVO, DMRC (email-
cvodmrc@gmail.com Ph.011-23418406. However, no tender related queries shall be enquired
from CVO, DMRC. For any queries/clarification related to tender, the bidder may attend pre-bid
meeting and/or upload their queries online within the date and time specified at Clause 1.1.2 (g)
and 1.1.2 (f) of NIT respectively.

Project Manager/6A
Office of Chief Project Manager-6,
Delhi Metro Rail Corporation Ltd.
Press Enclave Road
New Delhi –110017

Notice Inviting Tender Page 13of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

Instructions for Online Bid Submission:

1. GENERAL
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.

2. REGISTRATION
a) 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 Enrollment” on the CPP Portal which is free of charge.
b) As part of the enrolment process, the bidders will be required to choose a unique username
and assign a password for their accounts.
c) 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.
d) 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.
e) 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.
f) 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.

3. SEARCHING FOR TENDER DOCUMENTS

a) 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.
b) 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.
c) 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.

4. PREPARATION OF BIDS
a) Bidder should take into account any corrigendum published on the tender document before
submitting their bids.
b) 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.
c) Bidder, in advance, should get ready the bid documents to be uploaded as indicated in the
tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG
formats. Bid documents may be scanned with 100 dpi with black and white option which
helps in reducing size of the scanned document.
d) To avoid the time and effort required in uploading the same set of standard documents which
are required to be uploaded 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.

Notice Inviting Tender Page 14of 15

Maintenance Works of DMRC CPM-6 office at Malviya Nagar, New Delhi

5. SUBMISSION OF BIDS
a) 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.
b) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
c) Tender fee / Tender document cost: Bidder has to select the instrument type & enter
the details of transaction of payment of tender fee / tender document cost done by
RTGS / NEFT / IMPS as applicable and upload scanned copy of transaction receipt as
documentary proof for payment. For further details tenderer may refer clause C18 of
ITT.
d) Tender Security / Earnest Money Deposit (EMD): Bidder should submit the
EMD/Tender Security as per the instructions specified in C18 of ITT in the tender
document.
e) 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 white colored (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.
f) 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.
g) All the documents being uploaded 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.

h) The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
i) 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.
j) 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.
6. ASSISTANCE TO BIDDERS
a. 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.
b. 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.

c. For any Technical queries related to Operation of the Central Public Procurement Portal
Contact at: Tel: 0120-4001002, 0120-4001005, 0120-6277787.
e-Mail Support:
Technical - support-eproc(at)nic(dot)in
Policy Related - cppp-nic(at)nic(dot)in

Notice Inviting Tender Page 15of 15