Part1biddingprocedure

MAHA-METRO Tender No.
P1C-07/2018 Part-1: Bidding Procedure
MAHARASHTRA METRO RAIL CORPORATION LIMITED

(PUNE METRO RAIL PROJECT)
BIDDING DOCUMENTS
FOR
CONSTRUCTION OF 2 Nos. ROLLING STOCK DEPOTS AT RANGE HILL & VANAZ

INCLUDING CIVIL AND E&M WORKS FOR PUNE METRO RAIL PROJECT.
TENDER NO.
P1C-07/2018
PART-1
BIDDING PROCEDURE
MAHARASHTRA METRO RAIL CORPORATION LTD

(A joint venture of Govt. of India & Govt. of Maharashtra)
101, The Orion, Opposite Don Bosco Youth Centre,
Koregaon Park, Pune- 411001
E-mail: [email protected]
Website: www.punemetrorail.org
Telephone: 020-26051072
MAHA-METRO JULY-18 Part-1 5

MAHA-METRO Tender No. P1C-07/2018 Part-1: Bidding Procedure
Table of Contents
PART 1 - BIDDING PROCEDURE
Section I. Instructions to Bidders

Section II. Bid Data Sheet
Section II-A. Tool Kit of e-tender
Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
Section V. Eligibility Criteria and Social and Environmental Responsibility and
Covenant of Integrity
Section VI. Agency Policy – Corrupt and Fraudulent Practices
MAHA-METRO JULY-18 Part-1 6

Maha-Metro Tender No. P1C-07/2018 Part-1: Bidding Procedure
Section-I: Instruction to Bidders

BIDDING DOCUMENTS
FOR

TENDER NO.
P1C-07/2018
PART-1 : Bidding Procedure

Section-I : Instruction to Bidders

Telephone: 020-26051072
Maha-Metro JULY-18 Part-1 | Section-I : Page 1 7


Table of Clauses
A. General 4
1. Scope of Bid 4
2. Source of Funds 4
3. Corrupt and Fraudulent Practices 4
4. Eligible Bidders 5
5. Eligible Goods and Related Services 6
B. Contents of Bidding Document 6

6. Sections of Bidding Document 6
7. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting 6
8. Amendment of Bidding Document 7
C. Preparation of Bids 7
9. Cost of Bidding 7
10. Language of Bid 7
11. Documents Comprising the Bid 7
12. Letter of Bid and Schedules 8
13. Alternative Bids 8
14. Documents Establishing the Eligible Source Countries 9
15. Documents Establishing the Eligibility and Qualifications of the Bidder 9
16. Documents Establishing conformity of the works 9
17. Technical Proposal, Subcontractors 9
18. Bid Prices and Discounts 10
19. Currencies of Bid and Payment 10
20. Period of Validity of Bids 11
21. Bid Security 11
22. Format and Signing of Bid 12
D. Submission and Opening of Bids 12

23. Sealing and Marking of Bids 12
24. Deadline for Submission of Bids 12
25. Late Bids 12
26. Withdrawal, Substitution, and Modification of Bids 12
27. Bid Opening 13
E. Evaluation and Comparison of Bids 14

28. Confidentiality 14
29. Clarification of Bids 14
30. Deviations, Reservations, and Omissions 14
31. Preliminary Examination of Technical Bids 14
32. Qualification of the Bidder 15
33. Determination of Responsiveness of Technical Bids 15
34. Nonmaterial Nonconformities 15
35. Detailed Evaluation of Technical Bids 16
36. Correction of Arithmetical Errors 16
37. Conversion to Single Currency 16
38. Evaluation of Bids 16
39. Comparison of Bids 17
40. Employer’s/Purchaser's Right to Accept Any Bid, and to Reject Any or All Bids 17
F. Award of Contract 17
41. Award Criteria 17
42. Notification of Award 17
43. Grounds for Exclusion 17
44. Signing of Contract 19
45. Performance Security 19
46. Incentive Clause 19

DISCLAIMER
The Bidding Documents for “Construction Of 2 Nos. Rolling Stock Depots At Range Hill & Vanaz Including
Civil And E&M Works For Pune Metro Rail Project” contain brief information about the Project & the
Works to be executed and various steps involved in the bidding process. The information contained in the
Bidding Documents or subsequently provided to Bidders, whether verbally or in documentary or any other
form by or on behalf of Maharashtra Metro Rail Corporation Limited (hereinafter referred as
“Maharashtra Metro Rail Corporation Limited” or “the Company” or “Employer”) or any of its employees
or advisors, is provided to Bidders on the terms and conditions set out in the Bidding Documents and such
other terms and conditions subject to which such information is provided.
The Bidding Documents are not an agreement and is neither an offer nor invitation by Maha-Metro to the
prospective Bidders or any other person. The purpose of the Bidding Documents is to provide interested
parties with information that may be useful to them in making their Bids pursuant to the Bidding
Documents. The Bidding Document include statements, which reflect various assumptions and assessments
arrived at by Maha-Metro in relation to the Project or the work to be executed pursuant to this bidding
process. Such assumptions, assessments and statements do not purport to contain all the information that
each Bidder may require. The assumptions, assessments, statements & information contained in the
Bidding Documents may not be complete, accurate, adequate or correct. Each Bidder should, therefore,
conduct its own investigations & analysis and should check the accuracy, adequacy, correctness, reliability
& completeness of the assumptions, assessments, statements and information contained in the Bidding
Documents and obtain independent advice from appropriate sources.
Information provided in the Bidding Documents to the Bidders is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an exhaustive account
of statutory requirements and should not be regarded as a complete or authoritative statement of law.
Maharashtra Metro Rail Corporation Limited accepts no responsibility for the accuracy or otherwise for
any interpretation or opinion on law expressed herein.
Maharashtra Metro Rail Corporation Limited, its employees and advisors make no representation or
warranty and shall have no liability to any person, including any Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost
or expense which may arise from or be incurred or suffered on account of anything contained in the Bidding
Documents or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the
Bidding Documents and any assessment, assumption, statement or information contained therein or
deemed to form part of the Bidding Documents or arising in any way for participation in this bidding stage.
Maharashtra Metro Rail Corporation Limited also accepts no liability of any nature whether resulting
from negligence or otherwise howsoever caused arising from reliance of any Bidder upon the
statements/information contained in the Bidding Documents.
Maharashtra Metro Rail Corporation Limited may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information, assessment or assumptions contained
in the Bidding Documents. Maha-Metro also reserves the right to change any or all conditions/ information
set in the Bidding Documents at any time by way of revision, deletion, up-dation or annulment through
issuance of appropriate addendum as Maha-Metro may deem fit without assigning any reason thereof.
The issue of the Bidding Documents does not imply that Maharashtra Metro Rail Corporation Limited is
bound to select a Bidder or to appoint the selected Bidder for constructing the work envisaged under the
Bidding Documents and Maharashtra Metro Rail Corporation Limited reserves the right to reject all or
any of the Bidders or Bids without assigning any reason whatsoever.
The Bidders shall bear all its costs associated with or relating to the preparation and submission of its Bid
including but not limited to preparation, copying, postage, delivery fees, expenses associated with any
demonstrations or presentations which may be required by Maha-Metro or any other costs incurred in
connection with or relating to its Bid. All such costs and expenses will remain with the Bid and Maha-Metro
shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred
by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the bidding
process.


Clause No Description
A. General
1. Scope of Bid
1.1 In connection with the Invitation for Bids, specified in the Bid Data Sheet (BDS), the
Employer, as specified in the BDS, issues these Bidding Documents for the supply of Goods
and Related Services incidental thereto as specified in Section VII, Schedule of
Requirements. The name, identification & number of lots (contracts) of this International
Competitive Bidding (ICB) procurement are specified in the BDS.
1.2 Throughout these Bidding Documents
(a) the term "in writing" means communicated in written form (e.g. by mail, e-mail, fax, telex)
with proof of receipt;
(b) except where the context requires otherwise, words indicating the singular also
include the plural and words indicating the plural also include the singular; and
(c) "day" means calendar day.
2. Source of Funds
2.1 The Borrower specified in the BDS has applied for or received loans from an external
agency/ bank towards the cost of the project specified in the BDS. The Borrower intends
to apply a portion of the proceeds of the Loan to eligible payments under the Contract(s)
for which these Bidding Documents are issued.
2.2 Disbursement of Loans will be subject, in all respects, to the terms and conditions of the
Loan Agreement, including the disbursement procedures and the applicable “Guidelines
for Procurement” specified in the BDS. No party other than the Borrower shall derive any
rights from the Loan Agreement or have any claim to the Loan proceeds.
2.3 The above Loan Agreement will cover only part of the project cost. As for the balance
portion, the Borrower will take appropriate measures for finance.
3. Corrupt and Fraudulent Practices
3.1 It is funding agency’s policy to require that Bidders and Contractors as well as Borrowers
observe the highest standard of ethics during the procurement and execution of such
contracts.
The prohibited Conduct Includes:

• Corrupt Practice is the offering, giving, receiving or soliciting, directly or indirectly,
anything of value to influence improperly the actions of another party.
• Fraudulent practice is any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial
or other benefit or to avoid an obligation.
• Coercive Practice is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of any party to influence improperly the actions
of another party.
• Collusive Practice is an arrangement between two or more parties designed to achieve
an improper purpose, including influencing improperly the actions of another party.
• Obstructive Practice is (a) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation; and/or threatening, harassing or intimidating
any party to prevent it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation or (b) acts intended to materially
impede the exercise of the funding agency’s contractual rights of audit or access to
information or the rights that any banking, regulatory or examining authority or other
equivalent body of the funding agency or its Member states may have in accordance
with any law, regulation or treaty or pursuant to any agreement into which the funding
agency has entered in order to implement such law, regulation or treaty.
• Money Laundering is defined in the Bank’s Anti-Fraud Policy
• Terrorist Financing is defined in the Bank’s Anti-Fraud Policy
• Project Owner means the person designated as such in the bidding documents or the
contract.
In pursuance of this policy, funding agency:

(a) is committed to ensuring that its loans are used for purposes intended and its
operations are free from prohibited conduct (including but not limited to, fraud,
corruption, collusion, coercion, and money laundering and terrorist funding.
(b) may declare an individual or an entity ineligible to be awarded a contract under any
EIB Project or to enter into any relationship with it, if it determines pursuant to its
exclusion procedures that such individual or entity has engaged in any prohibited
conduct in the course of the procurement process and/or implementation of the
contract; and
(c) may cancel all or part of the financing allocated to a contract for works, goods or
services if it, at any time, determines pursuant to its exclusion procedures that an
individual or an entity has engaged in any prohibited conduct during the procurement
process or during the execution of the contract, without the promoter having taken
action satisfactory to the bank to investigate and/or terminate the prohibited
conduct or, as the case may be, remedy the damage.
The Bidders are required as a condition of admission to eligibility, to execute and attach
a Covenant of Integrity in the form indicated in Section IV a: Bidding Forms.
3.2 Furthermore, Bidders shall be aware of the provision stated in Sub-Clause 15.2 of General
Conditions of Contract.
4. Eligible Bidders
4.1 A Bidder may be a firm that is a single entity or any combination of such entities in the
form of a joint venture (JV) under an existing agreement or with the intent to enter into
such an agreement supported by a letter of intent. In the case of a JV:
(a) all members shall be jointly and severally liable for the execution of the Contract in
accordance with the Contract terms, and
(b) the JV shall nominate a Representative who shall have the authority to conduct all
business for and on behalf of any and all the members of the JV during the bidding
process and, in the event the JV is awarded the Contract, during contract execution.
4.2 A Bidder shall not have a conflict of interest. A Bidder shall not be employed under any
of the circumstances set forth below throughout the bidding/selection process and/or the
execution of the Contract unless the conflict has been resolved in a manner acceptable
to Funding agency.
(a) A firm shall be disqualified from providing goods or non-consulting services resulting
from or directly related to Consulting services for the preparation or implementation
of a project that it provided or were provided by any affiliate that directly or
indirectly controls, is controlled by, or is under common control with that firm. This
provision does not apply to the various firms (consultants, contractors, or suppliers)
only due to the reason that those firms together are performing the Contractor’s
obligations under a turnkey or design and build contract.
(b) A firm that has a close business relationship with the Borrower’s professional
personnel, who are directly or indirectly involved in any part of: (i) the preparation
of the prequalification and Bidding Documents for the Contract, (ii) the
prequalification and Bid evaluation, or (iii) the supervision of such Contract, shall be
disqualified.
(c) Based on the “One Bid Per Bidder” principle, which is to ensure fair competition, a
firm and any affiliate that directly or indirectly controls, is controlled by, or is under
common control with that firm shall not be allowed to submit more than one Bid,
either individually or as a member in a JV. A firm (including its affiliate), if acting in
the capacity of a Subcontractor in one Bid, may participate in other Bids, only in that
capacity.
(d) A firm having any other form of conflict of interest other than (a) through (c) above
shall be disqualified.
4.3 A Bidder shall be from any of the eligible source countries indicated in Section V, Eligible
Source Countries of External Funding agency.
4.4 A Bidder that has been determined to be ineligible by funding agency in accordance with
ITB 3.1 shall not be eligible to be awarded a Contract.
4.5 This bidding is open only to prequalified Bidders unless specified in the BDS.
4.6 A Bidder shall provide such evidence of its continued eligibility satisfactorily to the
Employer, as the Employer shall reasonably request.

5. Eligible Plant, Materials, Equipment, and Services

5.1 The Plant, Material and Services to be supplied under the Contract shall have their origin
in any of the eligible source countries indicated in Section V, Eligible Source Countries of
External Funding agency, and all expenditures under the Contract will be limited to such
Plant, Material and Services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the plant, or component
parts thereof are mined, grown, produced or manufactured, and from which the services
are provided. Plant components are produced when, through manufacturing, processing,
or substantial or major assembling of components, a commercially recognized product
results that is substantially different in its basic characteristics or in purpose or utility
from its components.
B. Contents of Bidding Document
6. Section of Bidding Document
6.1 The Bidding Documents consist of Parts 1, 2, 3 and 4, which include all the Sections
indicated below, and should be read in conjunction with any Addenda issued in
accordance with ITB 8.
(Unless otherwise specified in BDS)
PART 1 - Bidding Procedures

Section I Instructions to Bidders
Section II Bidding Data Sheet (BDS)
Section III Evaluation and Qualification Criteria
Section IV Bidding Forms
Section V Eligible Source Countries of Funding Agency
PART 2 Works Requirements
Section VII-A: General Specifications
Section VII-B: Particular Specifications
Section VII-C: Design Basis Report & Schedule of Dimensions
Section VII-D: Tender Drawings including GAD’s (Drawings shall be provided progressively
in a timely manner.)
Section VII-E: Reference Document (Geotechnical report as available with MAHA-METRO)
Section VII-F IT 5 D-BIM
PART 3 Conditions of Contract and Contract Forms
Section VIII. General Conditions of Contract (GCC)
Section IX. Particular Conditions of Contract (PCC)
Section X. Contract Forms
Section XI. SHE Manual (or Conditions of Contract on SHE)
NOTE: - FOR DESIGN BASIS REPORT & SCHEDULE OF DIMENSIONS – THE SAME ARE AVAILABLE AND CAN
BE DOWNLOADED AND SAME ARE PART OF BID DOCUMENT.
PART 4 Financial Bid & Bill of Quantities
Annexure – Approved Vendors List
6.2 The Invitation for Bids issued by the Employer is not part of the Bidding Document.
6.3 Unless obtained directly from the Employer, the Employer is not responsible for the
completeness of the Bidding Documents, responses to requests for clarification, the
minutes of the pre-bid meeting (if any), or Addenda/Corrigendum to the Documents in
accordance with ITB 8. In case of any contradiction, documents obtained directly from
the Employer shall prevail.
6.4 The Bidder is expected to examine all instructions, forms, terms, and Employer’s
Requirements in the Bidding Documents, and to furnish with its Bid all information and
documentation as is required by the Bidding Documents.
7. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting
7.1 Bidder requiring any clarification of the Bidding Documents shall contact the Employer in
writing at the Employer’s address specified in the BDS or raise his enquiries during the
pre-bid meeting if provided for in accordance with ITB 7.4. The Employer will respond in
writing to any request for clarification, provided that such request is received no later
than fourteen (14) days prior to the deadline for submission of Bids. The Employer shall
forward copies of its response to all Bidders who have acquired the Bidding Documents in
accordance with ITB 6.3, including a description of t h e inquiry but without identifying
its source. If so specified in the BDS, the Employer shall also promptly publish its response
at the web page identified in the BDS. Should the clarification result in changes to the

essential elements of the Bidding Documents, the Employer shall amend the Bidding
Documents following the procedure under ITB 8 and ITB 24.2.
7.2 The Bidder is advised to visit and examine the Site and its surroundings and obtain for
itself on its own responsibility all information that may be necessary for preparing the
Bid and entering into a contract for construction of the Works. The costs of such visits to
the site shall be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission by the Employer
to enter upon its premises and lands for the purpose of such visit, but only upon the
express condition that the Bidder, its personnel, and agents will release and indemnify
the Employer and its personnel and agents 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., costs,
and expenses incurred as a result of the inspection.
7.4 The Bidder’s designated representative is invited to attend the pre-bid meeting, if so
specified in the BDS. The purpose of the meeting will be to clarify issues and to answer
questions on any matter that may be raised at that stage. A site visit will be arranged by
the Employer at the time of the pre-bid meeting, if so specified in the BDS.
7.5 The Bidder is requested to submit any questions in writing, to reach the Employer not
later than one (1) week before the meeting.
7.6 Minutes of the pre-bid meeting, if applicable, including the text of the questions asked
by Bidders, without identifying the source, and the responses given, together with any
responses prepared after the meeting, will be transmitted promptly to all Bidders through
e-mail who have acquired the Bidding Documents in accordance with ITB 6.3. Any
modification to the Bidding Documents that may become necessary as a result of the pre-
bid meeting shall be ma de by the Employer exclusively through the issue of an
addendum/Corrigendum pursuant to ITB 8 and will be uploaded in Employer’s website/E-
tender portal and not through the minutes of the pre-bid meeting. Non-attendance at the
pre-bid meeting will not be a cause for disqualification of a Bidder.
7.7 Bidders should alert the Employer in writing with a copy to Funding Agency in case they
consider that certain clauses or technical specifications of the bidding documents might
limit international competition or introduce an unfair advantage to some bidders.
8. Amendment of Bidding Document
8.1 At any time prior to the deadline for submission of bids, the Employer may amend the
Bidding Documents by issuing addenda/Corrigenda.
8.2 Any addendum/Corrigendum issued shall be part of the Bidding Documents and shall be
communicated in writing to all who have obtained the Bidding Documents from the
Employer in accordance with ITB 6.3 and ITB 7.6. If so specified in the BDS, the Employer
shall also promptly publish the addendum/Corrigendum on the Employer’s web page in
accordance with ITB 7.1.
8.3 To give Bidders reasonable time in which to take an addendum/Corrigendum into account
in preparing their Bids, the Employer may extend the deadline for the submission of Bids,
pursuant to ITB 24.2.
C. Preparation of Bids
9. Cost of Bidding
9.1 The Bidder shall bear all costs associated with the preparation and submission of its bid,
and the Employer shall not be responsible or liable for those costs, regardless of the
conduct or outcome of the bidding process.
10. Language of Bid
10.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by
the Bidder and the Employer, shall be written in the language specified in the BDS.
Supporting documents and printed literature that are part of the Bid may be in another
language provided they are accompanied by an accurate translation of the relevant
passages into the language specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
11. Documents Comprising the Bid
11.1 The Bid shall comprise two envelopes submitted simultaneously, one called the Technical
Bid containing the documents listed in ITB 11.2 and the other the Price Bid containing the
documents listed in ITB 11.3, both envelopes enclosed together in an outer single
envelope.
11.2 The Technical Bid submitted by the Bidder shall comprise the following:

(a) Letter of Technical Bid;

(b) Bid Security, in accordance with ITB 21;
(c) Acknowledgment of Compliance with the Guidelines for Procurement under funding
agency (Form ACK), which shall be signed and dated by the Bidder’s authorized
representative;
(d) written confirmation authorizing the signatory of the Bid to commit the Bidder, in
accordance with ITB 22.2;
(e) in the case of a Bid submitted by a JV, a copy of the JV agreement, or letter of intent,
signed by all members, to enter into a JV including a draft agreement, indicating at
least the parts of the Project to be executed by the respective members;
(f) documentary evidence establishing in accordance with ITB 14 that the Works offered
by the Bidder in its Bid or in any alternative Bid, if permitted, are eligible;
(g) documentary evidence in accordance with ITB 15 establishing the Bidder’s eligibility
and qualifications to perform the Contract if its Bid is accepted;
(h) Technical Proposal in accordance with ITB 17;
(i) documentary evidence establishing in accordance with ITB 16 that the Works offered
by the Bidder conform to the Bidding Documents;
(j) alternative Bids, if permissible, in accordance with ITB 13;
(k) list of Subcontractors, in accordance with ITB 17.2 and 17.3; and
(l) any other document required in the BDS.
11.2 In addition to the requirements under ITB 11.1, bids submitted by a JV shall include a
copy of the Joint Venture Agreement entered into by all members. Alternatively, a letter
of intent to execute a Joint Venture Agreement in the event of a successful bid shall be
signed by all members and submitted with the bid, together with a copy of the proposed
Agreement.
11.3 The Price Bid submitted by the Bidder shall comprise the following:
a. Letter of Price Bid;
b. completed Price Schedules, in accordance with ITB 12 and ITB 18;
c. alternative Price Bids, at the Bidder’s option and if permissible, in accordance with
ITB 13; and
d. Any other document required in the BDS.
12. Letter of Bid, Statement of Integrity and Price Schedules
12.1 The Bidder shall complete the Letters of Technical Bid and Price Bid, including the
appropriate Technical and Price Schedules, using the relevant forms furnished in Section
IV a, Bidding Forms. The forms must be completed without any alterations to the text,
and no substitutes shall be accepted except as provided under ITB 22.2. All blank spaces
shall be filled in with the information requested.
13. Alternative Bids
13.1 The BDS indicates whether alternative Bids are allowed. If they are allowed, the BDS will
also indicate whether they are permitted in accordance with ITB 13.3 or invited in
accordance with ITB 13.2 and/or ITB 13.4.
13.2 When alternatives to the Time for Completion of the whole of the Works or the sections
are explicitly invited, a statement to that effect will be included in the BDS, and the
method of evaluating different time schedules will be described in Section III, Eligibility
and Qualification Criteria.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer technical alternatives
to the Employer’s requirements as described in the Bidding Documents must also provide:
(i) a price at which they are prepared to offer such alternative meeting the Employer’s
requirements; and (ii) all information necessary for a complete evaluation of the
alternatives by the Employer, including drawings, design calculations, technical
information(particulars), breakdown of prices, and proposed installation methodology
and other relevant details. Only the technical alternatives, if any, of the lowest evaluated
bidder conforming to the basic technical requirements shall be considered by the
Employer.
13.4 When Bidders are invited in the BDS to submit alternative technical solutions for specified
parts of the Works, such parts shall be described in Section VII, Employer’s Requirements.
Technical alternatives that comply with the performance and technical criteria specified
for the Works shall be considered by the Employer on their own merits, pursuant to ITB
35.2.

14. Documents Establishing the Eligible Source Countries – Plant, Materials and Services
14.1 To establish the eligibility of Plant, Materials and Services in accordance with ITB 5,
Bidders shall complete the country of origin declarations in the Price Schedule Forms,
included in Section IV, Bidding Forms.
15. Documents Establishing the Eligibility and Qualifications of the Bidder
15.1 In accordance with Section III, Eligibility and Qualification Criteria, if the prequalification
process was conducted prior to the bidding process, the Bidder shall provide in the
corresponding information sheets included in Section IV , Bidding Forms, (i) updated
information on any assessed aspect that changed from that time to establish that the
Bidder continues to meet the criteria used at the time of prequalification and (ii) the
requested information on the additional qualification criteria stated in Section III,
Eligibility and Qualification Criteria, or if the assessment of qualification criteria was not
conducted prior to the bidding process, the Bidder shall provide the information
requested in the corresponding information sheets included in Section IV, Bidding Forms.
15.2 Any change in the structure or formation of a Bidder after being prequalified and invited
to bid (including, in the case of a JV, any change in the structure or formation of any
member thereto) shall be subject to the written approval of the Employer prior to the
deadline for submission of Bids. Such approval shall be denied if (i) such change has not
taken place by the free choice of the firms involved; (ii) as a consequence of the change,
the Bidder no longer substantially meets the qualification criteria set forth in the
Prequalification Documents; or (iii) in the opinion of the Employer, the change may result
in a substantial reduction in competition. Any such change should be submitted to the
Employer not later than fourteen (14) days after the date of the Invitation for Bids.
16. Documents Establishing conformity of the works
16.1 The documentary evidence of the conformity of the Works with the Bidding
Documents may be in the form of literature, drawings and data, and shall include:
(a) a detailed description of the essential technical and performance characteristics of
the Plant, including the Schedule of Guarantees of the proposed Plant, in response
to the Employer’s Requirements. The Schedule of Guarantees of the proposed Plant
shall be stated in the applicable form in Section IV, Bidding Forms;
(b) a list giving full particulars, including available sources, of all spare parts, special
tools, etc., necessary for the proper and continuing functioning of the Plant for the
period specified in the BDS, following completion of the Works in accordance with
the provisions of Contract; and
(c) Adequate evidence demonstrating the substantial responsiveness of the Works to
those Employer’s Requirements. Bidders shall note that standards for workmanship,
materials and equipment designated by the Employer in the Bidding Documents are
intended to be descriptive (establishing standards of quality and performance) only
and not restrictive. The Bidder may substitute alternative standards, brand names
and/or catalogue numbers in its Technical Proposal, provided that it demonstrates
to the Employer’s satisfaction that the alterations are substantially equivalent or
superior to the standards designated in the Employer’s Requirements.
17. Technical Proposal, Subcontractors
17.1 The Bidder shall furnish a Technical Proposal, including a statement of work methods,
equipment, personnel, schedule, safety plan, and any other information as stipulated in
Section IV, Bidding Forms in sufficient detail to demonstrate substantial responsiveness
of the Bidder’s proposal to the Employer’s Requirements and the completion time.
17.2 For major items of the Works as listed by the Employer in Section III, Eligibility and
Qualification Criteria, which the Bidder intends to purchase or subcontract, the Bidder
shall give details of the name and nationality of the proposed Subcontractors, including
manufacturers, for each of those items. In addition, the Bidder shall include in its
Technical Proposals information establishing compliance with the requirements specified
by the Employer for these items. Bidders are free to list more than one Subcontractor
against each item of the Works. Quoted rates and prices will be deemed to apply to
whichever Subcontractor is appointed, and no adjustment of the rates and prices will be
permitted.
17.3 The Bidder shall be responsible for ensuring that any Subcontractor proposed complies
with the requirements of ITB 4 and that any Works to be provided by the Subcontractor
comply with the requirements of ITB 5 and ITB 16.1.

17.4 Unless otherwise stated in the BDS, the Employer does not intend to execute any specific
elements of the Works by subcontractors selected in advance by the Employer (nominated
Sub-contractors).
17.5 In case Prequalification was not conducted prior to the bidding process, Bidders planning
to subcontract any of the key activities indicated in Section III, Eligibility and
Qualification Criteria, shall clearly identify the proposed specialist subcontractor(s) in
Forms ELI-1.2 and EXP-4.2(a) in Section IV, Bidding Forms. Such proposed specialist
subcontractors(s) shall meet the corresponding qualification requirements specified in
Section III, Eligibility and Qualification Criteria.
17.6 In case Prequalification was conducted prior to the bidding process, the Bidder’s Bid shall
name the same specialist subcontractor(s) whose experience in the key activities was
evaluated in the Prequalification, unless such change is explicitly approved by the
Employer in accordance with ITB 15.2.
18. Bid Prices and Discounts
18.1 Unless otherwise specified in the BDS, Bidders shall quote for the Works such that the
total Bid Price covers all the Contractor’s obligations mentioned in or to be reasonably
inferred from the Bidding Documents in respect of the design, manufacture, including
procurement and subcontracting (if any), delivery, construction, installation and
completion of the Works. This includes all requirements under the Contractor’s
responsibilities for testing, pre-commissioning and commissioning of the plant and, where
so required by the Bidding Documents, the acquisition of all permits, approvals and
licenses, etc.; the operation, maintenance and training services and such other items and
services as may be specified in the Bidding Documents, all in accordance with the
requirements of the General Conditions. Items against which no price is entered by the
Bidder will not be paid for by the Employer when executed and shall be deemed to be
covered by the prices for other items.
18.2 Bidders are required to quote the price for the commercial, contractual and technical
obligations outlined in the Bidding Documents.
18.3 Bidders shall provide price in each item in the manner and detail called for in the price
schedules included in Section IV, Bidding Forms. Further, bidders may add breakdowns of
items & provide the prices in each Price Schedule included in Section IV, Bidding Forms.
18.4 The price to be offered in the Letter of Bid, in accordance with ITB 12.1, shall be the
total price of the Bid, excluding any discounts that may be offered.
18.5 Unless otherwise specified in the BDS and the Contract, the prices offered by the Bidder
are subject to adjustment during the performance of the Contract in accordance with the
provisions of the Conditions of Contract. In such a case, the Bidder shall furnish the
indices and weightings for the price adjustment formulae in the Schedule of Adjustment
Data and the Employer may require the Bidder to justify its proposed indices and
weightings.
18.6 If so specified in BDS 1.1, Bids are being invited for individual lots (contracts) or for any
combination of lots (packages). Bidders wishing to offer discounts for the award of more
than one Contract shall specify in their Bid the price reductions applicable to each
package, or alternatively, to individual Contracts within the package. Discounts shall be
submitted in accordance with ITB 18.4, provided the Bids for all lots (contracts) are
opened at the same time.
18.7 Unless otherwise provided in the BDS, all duties, taxes, and other levies payable by the
Contractor under the Contract, or for any other cause, as of the date twenty-eight (28)
days prior to the deadline for submission of Bids, shall be included in the rates and prices
and the total Bid Price submitted by the Bidder.
18.8 Bidders wishing to offer any unconditional discount shall specify in their Letter of Price
Bid the offered discounts and the manner in which price discounts will apply.
19. Currencies of Bid and Payment
19.1 The currency (ies) of the Bid shall be, as specified in the BDS. Payment of the Contract
Price shall be made in the currency or currencies in which the Bid Price is expressed in
the Bid of the successful Bidder.
19.2 Bidders may be required by the Employer to justify, to the Employer’s satisfaction, their
local and foreign currency requirements.

20 Period of Validity of Bids

20.1 Bids shall remain valid for the period specified in the BDS after the Bid submission
deadline date prescribed by the Employer pursuant to ITB 24.1. A Bid valid for a shorter
period shall be rejected by the Employer as non-responsive.
20.2 In exceptional circumstances, prior to the expiration of the Bid validity period, the
Employer may request Bidders to extend the period of validity of their Bids. The request
and the responses shall be made in writing. The Bid Security shall also be extended for
twenty-eight (28) days beyond the deadline of the extended validity period. A Bidder may
refuse the request without forfeiting its Bid Security. A Bidder granting the request shall
not be required or permitted to modify its Bid, except as provided in ITB 20.3.
20.3 If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the
initial Bid validity, the Contract Price shall be determined as follows:
(a) In the case of Fixed Price Contracts, the Contract Price shall be the Bid Price adjusted
by the factor specified in the BDS.
(b) In the case of Adjustable Price Contracts, to determine the Contract Price, the fixed
portion of the Bid Price shall be adjusted by the factor specified in the BDS.
(c) In any case, bid evaluation shall be based on the Bid Price without taking into
consideration the effect of the corrections indicated above.
21 Bid Security
21.1 The Bidder shall furnish as part of its Bid a Bid Security in the amount and currency
specified in the BDS.
21.2 The Bid Security shall be a demand guarantee in any of the following forms at the Bidder’s
option:
(a) an unconditional guarantee issued by a bank or financial institution (such as an
insurance, bonding or surety company);
(b) an irrevocable letter of credit;
(c) a cashier’s or certified check; or
(d) any other security specified in the BDS
from a reputable source from an eligible source country. If the unconditional guarantee
is issued by an insurance company or a bonding company located outside the Employer’s
Country, the issuer shall have a correspondent financial institution located in the
Employer’s Country to make it enforceable. In the case of a bank guarantee, the Bid
Security shall be submitted either using the Bid Security Form included in Section IV a,
Bidding Forms or in another substantially similar format approved by the Employer prior
to Bid submission. In either case, the form must include the complete name of the Bidder.
The Bid Security shall be valid for twenty-eight (28) days beyond the original validity
period of the Bid, or beyond any period of extension if requested under ITB 20.2
21.3 Any Bid not accompanied by a substantially responsive Bid security shall be rejected by
the Employer as non-responsive.
21.4 The Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon
the Bidder is being disqualified or in case the Bidder pass the technical evaluation.
21.5 The Bid Security of the successful Bidder shall be returned as promptly as possible once
the successful Bidder has signed the Contract and furnished the required Performance
Security.
21.6 The Bid Security may be forfeited:
(a) if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder
on the Letters of Technical Bid and Price Bid, or any extension thereto provided by
the Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 43; or
(ii) furnish a Performance Security in accordance with ITB 44.
21.7 The Bid Security of a JV shall be in the name of the JV that submits the Bid. If the JV has
not been legally constituted into a legally enforceable JV at the time of bidding, the Bid
Security shall be in the names of all future members as named in the letter of intent
referred to in ITB 4.1 and ITB 11.2.

22. Format and Signing of Bid

22.1 The Bidder shall prepare one original of the Technical Bid and one original of the Price
Bid as described in ITB 11 and clearly mark it “TECHNICAL BID - ORIGINAL” and “PRICE
BID - ORIGINAL.” Alternative Bids, if permitted in accordance with ITB 13, shall be clearly
marked “ALTERNATIVE”. In addition, the Bidder shall submit copies of the Technical and
Price Bids, in the number specified in the BDS and clearly mark them “COPY.” In the
event of any discrepancy between the original and the copies, the original shall prevail.
22.2 The original and all copies of the Bid shall be typed or written in indelible ink and shall
be signed by a person duly authorized to sign on behalf of the Bidder. This authorization
shall consist of a written confirmation as specified in the BDS and shall be attached to
the Bid. The name and position held by each person signing the authorization must be
typed or printed below the signature. All pages of the Bid where entries or amendments
have been made shall be signed or initialed by the person signing the Bid.
22.3 In case the Bidder is a JV, the Bid shall be signed by an authorized representative of the
JV on behalf of the JV, and so as to be legally binding on all the members as evidenced
by a power of attorney signed by their legally authorized representatives.
22.4 Any interlineations, erasures, or overwriting shall be valid only if they are signed or
initialed by the person signing the Bid.
D. Submission and Opening of Bids
23. Submission Sealing and Marking of Bids
23.1 Bidders may submit their Bids by mail or by hand. Procedures for submission, sealing and
marking are as follows:
Bidders shall enclose the original of the Technical Bid, the original of the Price Bid, and
each copy of the Technical Bid and of the Price Bid, including alternative Bids, if
permitted in accordance with ITB 13, in separate sealed envelopes, duly marking the
envelopes as “TECHNICAL BID – ORIGINAL,” “PRICE BID – ORIGINAL,” “TECHNICAL BID –
COPY,” “PRICE BID – COPY,” and “ALTERNATIVE,” as appropriate. These envelopes
containing the original, the copies and the alternative(s), if any, shall then be enclosed
in one single envelope. The rest of the procedure shall be in accordance with ITB 23.2
through 23.5.
23.2 The inner and outer envelopes shall:
a. bear the name and address of the Bidder;
b. be addressed to the Employer in accordance with ITB24.1 and;
c. bear the specific identification of this bidding process specified in BDS 1.1.
23.3 The outer envelopes and the inner envelopes containing the Technical Bid shall bear a
warning not to open before the time and date for the opening of Technical Bids, in
23.4 The inner envelopes containing the Price Bid shall bear a warning not to open until advised
by the Employer in accordance with ITB 27.7.
23.5 If all envelopes are not sealed and marked as required, the Employer will assume no
responsibility for the misplacement or premature opening of the Bid.
24 Deadline for Submission of Bids
24.1 Bids must be received by the Employer at the address and no later than the date and time
specified in the BDS.
24.2 The Employer may, at its discretion, extend the deadline for the submission of Bids by
amending the Bidding Documents in accordance with ITB 8, in which case all rights and
obligations of the Employer and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
25. Late Bids
25.1 The Employer shall not consider any bid that arrives after the deadline for submission of
bids, in accordance with ITB 24. Any bid received by the Employer after the deadline for
submission of bids shall be declared late, rejected, and returned unopened to the Bidder.
26 Withdrawal, Substitution and Modification of Bids
26.1 A Bidder may withdraw, substitute, or modify its Bid – Technical or Price – after it has
been submitted by sending a written notice, duly signed by an authorized representative,
and shall include a copy of the authorization in accordance with ITB 22.2, (except that
withdrawal notices do not require copies).

The corresponding substitution or modification of the Bid must accompany the respective
written notice. All notices must be:
(a) prepared and submitted in accordance with ITB 22 and ITB 23 (except that withdrawals
notices do not require copies), and in addition, the respective envelopes shall be
clearly marked “WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;” and
(b) Received by the Employer prior to the deadline prescribed for submission of Bids, in
26.2 Bids requested to be withdrawn in accordance with ITB 26.1 shall be returned unopened
to the bidders.
26.3 No bid maybe withdrawn, substituted, or modified in the interval between the deadline
for submission of Bids and the expiration of the period of Bid validity specified by the
Bidder on the Letter of Technical Bid and on the Letter of Price Bid or any extension
thereof.
27 Bid Opening
27.1 Except in the cases specified in ITB 25 and ITB 26, the Employer shall publicly open and
read out in accordance with ITB 27.5 all Technical Bids received by the deadline, at the
date, time and place specified in the BDS, in the presence of Bidders’ designated
representatives who may choose to attend. The Price Bids will remain unopened and will
be held in custody of the Employer until the time of their opening to be specified in
27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope
with the corresponding Bid shall not be opened but returned to the Bidder. No Bid
withdrawal shall be permitted unless the corresponding withdrawal notice contains a
valid authorization to request the withdrawal and is read out at opening of the Technical
Bids.
27.3 Second, outer envelopes marked “SUBSTITUTION” shall be opened. The inner envelopes
containing the Substitution Technical Bid and/or Substitution Price Bid shall be exchanged
for the corresponding envelopes being substituted, which are to be returned to the Bidder
unopened. Only the Substitution Technical Bid, if any, shall be opened and read out.
Substitution Price Bid will remain unopened in accordance with ITB 27.1.
No envelope shall be substituted unless the corresponding substitution notice contains a

valid authorization to request the substitution and is read out at opening of technical
bids.
27.4 Next, outer envelopes marked “MODIFICATION” shall be opened. No Technical Bid and/or
Price Bid shall be modified unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at the opening of Technical
Bids. Only the Technical Bids, both Original as well as Modification are to be opened and
read out at the opening. Price Bids, both Original as well as Modification, will remain
unopened in accordance with ITB 27.1
27.5 All other envelopes holding the Technical Bids shall be opened one at a time, reading out:
a. the name of the Bidder;
b. whether there is a modification;
c. the Bid Price(s), including any discounts and alternative Bids; and
d. (d) Any other details as the Employer may consider appropriate.
Only Technical Bids and alternative Technical Bids read out at Bid opening shall be
considered for evaluation. The Employer shall neither discuss the merits of any Bid nor
reject any Bid (except for late Bids, in accordance with ITB 25.1).
27.6 The Employer shall prepare a record of the opening of Technical Bids that shall include,
as a minimum: the name of the Bidder and whether there is a withdrawal, substitution,
or modification; alternative proposals; and the presence or absence of a Bid Security. The
Bidders’ representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the contents and effect
of the record. A copy of the record shall be distributed to all Bidders.
27.7 At the end of the evaluation of Technical Bids, the Employer will invite Bidders who have
submitted substantially responsive Technical Bids and who have been determined as being
qualified for award to attend the opening of the Price Bids. The date, time, and location

of the opening of Price Bids and the result of the technical evaluation shall be published
on webpage of Maha-Metro before the opening of the price bids at least 5 days in advance.
27.8 The Employer will notify, in writing, Bidders who have been determined to be ineligible
and not qualified on the grounds of their Technical Bids being substantially non-responsive
to the requirements of the Bidding Documents and return their Bid security and Price Bids
unopened after signing the contract.
27.9 The Employer shall conduct the opening of Price Bids of all Bidders who submitted
substantially responsive Technical Bids, and who have been considered eligible and
qualified, in the presence of Bidders’ designated representatives who choose to attend
at the address, date and time specified by the Employer. The Bidder’s’ representatives
who are present shall be requested to sign a register evidencing their attendance.
27.10 All envelopes containing Price Bids shall be opened one at a time, reading out:
(a) the name of the Bidder;
(b) whether there is a modification;
(c) the Bid Price(s), including any discounts and alternative Bids; and
(d) any other details as the Employer may consider appropriate
Only Price Bids discounts, and alternative Bids read out and recorded during the opening
of Price Bids shall be considered for evaluation. No Bid shall be rejected at the opening
of Price Bids.
27.11 The Employer shall prepare a record of the opening of Price Bids that shall include, as a
minimum: the name of the Bidder, the Bid Price, (per lot if applicable), including any
discounts, and alternative Bids. The Bidders’ representatives who are present shall be
requested to sign the record. The omission of a Bidder’s signature on the record shall not
invalidate the contents and effect of the record. A copy of the record shall be distributed
to all Bidders.
E. Evaluation and Comparison of Bids
28 Confidentiality
28.1 Information relating to the evaluation of Bids and recommendation of Contract award,
shall not be disclosed to Bidders or any other persons not officially concerned with such
process until information on Contract award is communicated to all Bidders in accordance
with ITB 42.
28.2 Any attempt by a Bidder to influence the Employer in the evaluation of the Bids or
Contract award decisions may result in the rejection of its Bid.
28.3 Notwithstanding ITB 28.2, from the time of Bid opening to the time of Contract award, if
any Bidder wishes to contact the Employer on any matter related to the bidding process,
it shall do so in writing.
29. Clarification of Bids
29.1 To assist in the examination, evaluation, and comparison of the Technical and Price Bids,
and qualification of the Bidders, the Employer may, at its discretion, ask any Bidder for
a clarification of its Bid, giving a reasonable time for a response. Any clarification
submitted by a Bidder that is not in response to a request by the Employer shall not be
considered. The Employer’s request for clarification and the response shall be in writing.
No change in the substance of the Technical Bid or prices in the Price Bid, including any
voluntary increase or decrease in the prices, shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered by the Employer in the
evaluation of the Bids, in accordance with ITB 36.
29.2 If a Bidder does not provide clarifications of its Bid by the date and time set in the
Employer’s request for clarification, its Bid may be rejected.
30. Deviations, Reservations, and Omissions
30.1 During the evaluation of Bids, the following definitions apply:
(a) “Deviation” is a departure from the requirements specified in the Bidding Documents;
(b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the Bidding Documents; and
(c) “Omission” is the failure to submit part or all of the information or documentation
required in the Bidding Documents.
31. Preliminary Examination of Technical Bids
31.1 The Employer shall examine Technical Bids to confirm that all documents and technical
documentation requested in ITB 11.2 have been provided, and to determine the
completeness of each document submitted.

31.2 The Employer shall confirm that the following documents and information have been
provided in the Technical Bid. If any of these documents or information is missing, the
Bid shall be rejected.
(a) Letter of Technical Bid;
(b) Written confirmation of authorization to commit the Bidder;
(c) Bid Security; and
(d) Technical Proposal.
32. Qualification of the Bidders
32.1 The Employer shall determine to its satisfaction whether Bidders meet the qualification
criteria specified in Section III, Eligibility and Qualification Criteria, during the evaluation
of Technical Bids. However, if prequalification was carried out prior to the bidding
process, the Employer may carry out the assessment of the qualification criteria specified
in Section III, Eligibility and Qualification Criteria, for the Bidder who submitted the
lowest evaluated and substantially responsive Bid only.
32.2 The determination shall be based upon an examination of the documentary evidence of
the Bidder’s qualifications submitted by the Bidder, pursuant to ITB 15.
32.3 An affirmative determination shall be a prerequisite for award of the Contract to the
Bidder. A negative determination shall result in disqualification of the Bid, in which event
the Employer shall return the unopened Price Bid to the Bidder after signing the contract.
If the assessment of the Bidder’s qualification is conducted for the lowest evaluated
Bidder only, in accordance with ITB 32.1, and the result of such assessment is negative,
the Employer shall proceed to the next lowest evaluated Bid to make a similar
determination.
32.4 The capabilities of the manufacturers and Subcontractors proposed in its Bid to be used
by the Bidder will also be evaluated for acceptability in accordance with Section III,
Evaluation and Qualification Criteria. Their participation should be confirmed with a
letter of intent between the parties, as needed. Should a manufacturer or Subcontractor
be determined to be unacceptable, the Bid will not be rejected, but the Bidder will be
required to substitute an acceptable manufacturer or Subcontractor without any change
to the Bid Price. Prior to signing the Contract, the corresponding Appendix to the Contract
Agreement shall or be completed, listing the approved manufacturers or Subcontractors
for each item concerned.
33. Determination of Responsiveness of Technical Bids
33.1 The Employer’s determination of a Technical Bid’s responsiveness is to be based on the
contents of the Bid itself, as defined in ITB 11.2.
33.2 A substantially responsive Technical Bid is one that meets the requirements of the Bidding
Documents without material deviation, reservation, or omission. A material deviation,
reservation, or omission is one that,
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or performance of the Works
specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding Documents, the
Employer’s rights or the Bidder’s obligations under the proposed Contract; or
(b) If rectified, would unfairly affect the competitive position of other Bidders presenting
substantially responsive Bids.
33.3 The Employer shall examine the technical aspects of the Technical Bid submitted in
accordance with ITB 17, in particular, to confirm that all requirements of Section VI,
Employer’s Requirements have been met without any material deviation, reservation, or
omission.
33.4 If a Technical Bid is not substantially responsive to the requirements of the Bidding
Documents, it shall be rejected by the Employer and may not subsequently be made
responsive by correction of the material deviation, reservation, or omission
34. Nonmaterial Nonconformities
34.1 Provided that a Technical Bid is substantially responsive, the Employer may waive any
nonconformity in the Technical Bid that does not constitute a material deviation,
reservation or omission.
34.2 Provided that a Technical Bid is substantially responsive, the Employer may request that
the Bidder submit the necessary

information or documentation, within a reasonable period of time, to rectify nonmaterial

nonconformities in the Technical Bid related to documentation requirements. Requesting
information or documentation on such nonconformities shall not be related to any aspect
of the price of the Price Bid. Failure of the Bidder to comply with the request may result
in the rejection of its Bid.
34.3 Provided that a Technical Bid is substantially responsive, the Employer shall rectify
quantifiable nonmaterial nonconformities related to the Bid Price. To this effect, the Bid
Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or
non-conforming item or component. The adjustment shall be made using the method
indicated in Section III, Eligibility and Qualification Criteria.
35. Detailed Evaluation of Technical Bids
35.1 The Employer will carry out a detailed technical evaluation of the Bids not previously
rejected as being substantially nonresponsive, in order to determine whether the
technical aspects are in compliance with the Bidding Documents. The Bid that does not
meet minimum acceptable standards of completeness, consistency and detail, and the
specified minimum (or maximum, as the case may be) requirements for specified
Schedule of Guarantees, will be rejected for non-responsiveness. In order to reach such
a determination, the Employer will examine and compare the technical aspects of the
Bids on the basis of the information supplied by the Bidders, taking into account the
following:
(a) overall completeness and compliance with the Employer’s Requirements; conformity
of the Works offered with specified performance criteria, corresponding to each
Schedule of Guarantees, as indicated in the Technical Requirements; suitability of
the Works offered in relation to the environmental and climatic conditions prevailing
at the site; and quality, function and operation of any process control concept
included in the Bid;
(b) other relevant factors, if any, listed in Section III,
35.2 Where alternative technical solutions have been allowed in accordance with ITB 13.4,
and offered by the Bidder, the Employer will make a similar evaluation of the
alternatives. Where alternatives have not been allowed but have been offered, they shall
be ignored.
36. Correction of Arithmetical Errors
36.1 During the evaluation of Price Bids, the Employer shall correct arithmetical errors on the
following basis:
(a) where there are errors between the total of the amounts given under the column for
the price breakdown and the amount given under the Total Price, the former shall
prevail, and the latter will be corrected accordingly;
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals,
the subtotals shall prevail, and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case
the amount in figures shall prevail subject to (a) and (b) above.
36.2 Bidders shall be requested to accept correction of arithmetical errors. Failure to accept
the correction, in accordance with ITB 36.1, shall result in the rejection of the Bid and
forfeiture of Bid Security
37. Conversion Single Currency
37.1 For evaluation and comparison purposes, the currency(ies) of the Bid shall be converted
into a single currency as specified in the BDS.
38. Evaluation of Price Bids
38.1 The Employer shall use the criteria and methodologies indicated in this Clause. No other
evaluation criteria or methodologies shall be permitted.
38.2 To evaluate a Price Bid, the Employer shall consider the following:
(a) the Bid Price, excluding Provisional Sums in the Price Schedules, but including Daywork
items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in accordance with ITB 36.1;
(c) price adjustment due to discounts offered in accordance with ITB 18.7 or ITB18.8;
(d) price adjustment due to quantifiable nonmaterial nonconformities in accordance with
ITB 34.3;

(e) converting the amount resulting from applying (a) to (d) above, if relevant, to a single
currency in accordance with ITB 37; and
(f) the evaluation factors indicated in Section III, Evaluation and Qualification Criteria.
38.3 If price adjustment is allowed in accordance with ITB 18.7, the estimated effect of the
price adjustment provisions of the Conditions of Contract, applied over the period of
execution of the Contract, shall not be taken into account in Bid evaluation.
38.4 If these Bidding Documents allow Bidders to quote separate prices for different lots
(contracts), and the award to a single Bidder of multiple lots (contracts), the methodology
to determine the lowest evaluated price of the lot (contract) combinations, including any
discounts offered in the Letter of Price Bid, is specified in Section III, Eligibility and
Qualification Criteria.
38.5 If the Bid, which results in the lowest evaluated Bid Price, is Seriously unbalanced or front
loaded in the opinion of the Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of the Price Schedules, to demonstrate the
internal consistency of those prices with the methods and the Price Schedules proposed.
After evaluation of the price analyses, taking into consideration the Schedule of Payment,
the Employer may require that the amount of the Performance Security be increased at
the expense of the Bidder to a level sufficient to protect the Employer against financial
loss in the event of default of the successful Bidder under the Contract.
39. Comparison of Bids
39.1 The Employer shall compare the evaluated prices of all substantially responsive Bids in
accordance with ITB 38.2 to determine the lowest evaluated Bid.
40. Employer’s Right to Accept and Bid, and to reject any or All Bids
40.1 The Employer reserves the right to accept or reject any Bid, and to annul the bidding
process and reject all Bids at any time prior to Contract award, without thereby incurring
any liability to Bidders. In case of annulment, all Bids submitted and specifically, Bid
Securities shall be promptly returned to the Bidders.
F. Award of Contract
41. Award Criteria
41.1 Subject to ITB 40.1, the Employer shall award the Contract to the Bidder whose offer has
been determined to be the lowest evaluated Bid and is substantially responsive to the
Bidding Documents, provided further that the Bidder is determined to be eligible and
qualified to perform the Contract satisfactorily.
42. Notification of Award
42.1 Prior to the expiration of the period of Bid validity, the Employer shall notify the
successful Bidder, in writing, that its Bid has been accepted. The notification letter
(hereinafter and in the Conditions of Contract and Contract Forms called the “Letter of
Acceptance”) shall specify the sum that the Employer will pay the Contractor in
consideration of the execution and completion of the Works (hereinafter and in the
Conditions of Contract and Contract Forms called “the Accepted Contract Amount”). The
outcome/result of the evaluation shall be published on the webpage of Maha-Metro
before sending out the notification of the award.
42.2 After Notification of Award, unsuccessful Bidders may request in writing to the Employer
a debriefing seeking explanations on the grounds on which their bids were not selected.
The Employer shall promptly respond, in writing, to any unsuccessful Bidders who, after
the Notification of Award, request a debriefing.
42.3 After a Contract has been determined to be eligible for financing under funding agency,
the following information may be made public by funding agency:
(a) name of each Bidder who has submitted a Bid;
(b) Bid Prices as read out at Bid opening;
(c) name and address of the successful Bidder;
(d) name and address of the supplier (if applicable); and
(e) Award date and amount of the Contract.
42.4 Until a formal Contract is prepared and executed, the Letter of Acceptance shall
constitute a binding Contract.
43. Grounds for Exclusion
43.1 Bidders (either natural or legal persons including any of their subcontractors) shall not be
awarded this contract if, on the date of submission of an application or of a bid or on the
date of award of a contract, they have been the subject of a conviction by final judgment
for one of the following reasons:

(a) where the bidder is bankrupt or is the subject of insolvency or winding-up

proceedings, where its assets are being administered by a liquidator or by the court,
where it is in an arrangement with creditors, where its business activities are
suspended, or it is in any analogous situation arising from a similar procedure under
national laws and regulations;
(b) bidder have not fulfilled their obligations regarding the payment of social security
contributions or taxes in accordance with the legal provisions of the country where
they are established or the Employer ‘s country
(c) where the Employer can demonstrate by any appropriate means a violation by the
bidder of applicable obligations in the fields of environmental, social and labour law
established by national law, collective agreements or by the international
environmental, social and labour law provisions;
(d) where the Employer has sufficiently plausible indications to conclude that the bidder
has entered into agreements with other bidder(s) aimed at distorting competition;
(e) where the bidder has shown significant or persistent deficiencies in the performance
of a substantive requirement under a prior public contract, a prior contract with the
Employer or a prior concession contract which led to early termination of that prior
contract, damages or other comparable sanctions;
(f) bidder have been convicted within the past five years by a court decision, which has
the force of residential jurisdiction in the country where the project is implemented,
of fraud or corruption or any other Prohibited Conduct (as defined in the Covenant of
Integrity) committed during the procurement or performance of a contract, unless
they provide supporting information together with their Covenant of Integrity which
shows that this conviction is not relevant in the context of this project;
(g) bidder is listed for financial sanctions by the United Nations and/or the European
Union for the purposes of fight against terrorist financing or threat to international
peace and security;
(h) bidder including JV Partners should be excluded by the EU Institutions or any major
Multilateral Development Bank (including World Bank Group, African Development
Bank, Asian Infrastructure Investment Bank, Asian Development Bank, European Bank
for Reconstruction and Development, European Investment Bank or Inter-American
Development Bank) from participation in a tendering procedure on the grounds of
Prohibited Conduct;
(i) where the Employer can demonstrate by appropriate means that the bidder is guilty
of grave professional misconduct, which renders its integrity questionable;
(j) where a conflict of interest within the meaning of ITB 4.2 cannot be effectively
remedied by other less intrusive measures;
(k) where a distortion of competition from the prior involvement of the bidder in the
preparation of the procurement procedure, as referred to in ITB 3.1, cannot be
remedied by other, less intrusive measures;
(l) where the bidder has been guilty of serious misrepresentation in supplying the
information required for the verification of the absence of grounds for exclusion or
the fulfilment of the selection criteria, has withheld such information or is not able
to submit the supporting documents required pursuant to ITB 15; or
(m) where the bidder has undertaken to unduly influence the decision-making process of
the Employer, to obtain confidential information that may confer upon it undue
advantages in the procurement procedure or to negligently provide misleading
information that may have a material influence on decisions concerning exclusion,
selection or award.
Notwithstanding point (a) of the first subparagraph, Employer might not exclude a bidder
which is in one of the situations referred to in that point, where the Employer has
established that the bidder in question will be able to perform the contract, taking into
account the applicable national rules and measures on the continuation of business in the
case of the situations referred to in point (a).
Any bidder that is in one of the situations referred to in the above paragraph may provide
evidence to the effect that measures taken by the bidder are sufficient to demonstrate
its reliability despite the existence of a relevant ground for exclusion. If such evidence is
considered as sufficient, the bidder concerned will not be excluded from the procurement
procedure.

For this purpose, the bidder shall prove that it has paid or undertaken to pay
compensation in respect of any damage caused by the criminal offence or misconduct,
clarified the facts and circumstances in a comprehensive manner by actively collaborating
with the investigating authorities & taken concrete technical, organizational and
personnel measures that are appropriate to prevent further criminal offences or
misconduct.
The measures taken by the bidder will be evaluated taking into account the gravity and
particular circumstances of the criminal offence or misconduct. Where the measures are
considered to be insufficient, the bidder shall receive a statement of the reasons for that
decision.
Bidders and all of its associates (if any) and all the members of the “Group” in case of
Joint Venture are required as a condition of admission to eligibility, to execute and attach
a Covenant of Integrity in the form indicated in Form 24 of Section IVA Bidding Forms.
Bidders will also be required to confirm and declare 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.
Bidder and all of its associates (if any) and all the members of the “Group” in case of
joint venture will be required to confirm and declare in the Tender submittal to that
effect that in case they are successful Bidder, they will be deploying at least the proposed
resources, personnel throughout the construction period as provided in the Tender
submittals by the lead member & JV member(s). Non-deployment/ compliance to the
Tender submissions may lead to remedial action in accordance with the contract.
44. Signing of Contract
44.1 Promptly after notification, the Employer shall send the successful Bidder the Contract
Agreement.
44.2 Within twenty-eight (28) days but no sooner than 10 days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return it to the Employer.
45. Performance Security
45.1 Within twenty-eight (28) days of the receipt of the Letter of Acceptance from the
Employer, the successful Bidder shall furnish the Performance Security in accordance with
the General Conditions of Contract, subject to ITB 38.5, using for that purpose the
Performance Security Form included in Section IX Contract Forms, or another form
acceptable to the Employer. If the Performance Security furnished by the successful
Bidder is in the form of a bond, it shall be issued by a bonding or insurance company that
has been determined by the successful Bidder to be acceptable to the Employer. A foreign
institution providing a bond shall have a correspondent financial institution located in the
Employer’s Country.
45.2 Failure of the successful Bidder to submit the abovementioned Performance Security or
sign the Contract shall constitute sufficient grounds for the annulment of the award and
forfeiture of the Bid Security. In that event the Employer may award the Contract to the
next lowest evaluated Bidder whose Bid is substantially responsive and is determined by
the Employer to be qualified to perform the Contract satisfactorily.
46. Incentive Clause
46.1 The bidder will be eligible for incentive payment, if he completes the work in all respects
and certified by the Engineer to that effect, at the rate as specified in the BDS.
Refer BDS for new clause no. 47 & 48.

Section-II: Bid Data Sheet

BIDDING DOCUMENTS
FOR

TENDER NO.
P1C-07/2018

Section-II : Bid Data Sheet

Telephone: 020-26051072
Maha-Metro JULY-18 Part-1 | Section-II : Page 1 26

Section II. Bid Data Sheet

A. General
ITB 1 Scope of Bid
ITB 1.1 The following terms, if used anywhere in the Bidding Documents shall have the
meaning and interpretations as under:
 ‘Tender(s)’ and ‘Bid (s)’ are synonymous
 ‘Tenderer(s)’ and ‘Bidder(s)’ are synonymous
 ‘Employer’s Requirements’ and ‘Work Requirements’ and Scope of the work
Name of the Work: - CONSTRUCTION OF 2 Nos. ROLLING STOCK DEPOTS AT RANGE
HILL & VANAZ OF PUNE METRO RAIL PROJECT.
The number of the Invitation for this International Competitive Bid (ICB) is :-
P1C-07/2018
The Employer is: Maharashtra Metro Rail Corporation Limited (MAHA-METRO)
ITB 1.3 The detailed Scope of Work for the Construction of this contract is further described
(New Para) in the Part 2: Section-VII (A & B) and Annexures 1,2,3 & 4 Works Requirements and
other documents. The Contractor has to execute the work accordingly with the
approval of Employer. The Bidders are particularly advised to pay attention to the IT
Requirements of Employer (Work’s Requirement- Part-2 uploaded with this
document).
The Contractor shall also carry out effective interface and coordination with Detailed
Design Consultants, Designated Working Contractors and other agencies appointed by
the Employer from time to time, during the Contract Period. Apart from that co-
ordinations may require with the local administration and various other authorities of
Government of Maharashtra.
ITB 1.4 The successful Bidder has to establish its Office at Pune if it does not have at present.
(New Para) The cost and expenses for setting up the said office(s) will be deemed to have been
included in the Bill of Quantities and no separate / extra / additional payment will be
made on this account.
ITB 1.5 The Contractor shall also carry out effective interface and coordination with the
(New Para) relevant Authorities and Designated Contractors and others appointed by the Employer
from time to time, during the Contract Period.
ITB 1.6 The Contractor shall assist in Integrated Testing and Commissioning of Railway systems
(New Para) on the section in co-ordination with Designated Contractors, under supervision of
Engineer. It shall also assist in all statutory tests and trials on railway systems
necessary for obtaining sanction of competent / statutory authorities for opening the
system for public carriage of passengers and provide assistance and information as
required by the appropriate statutory authorities in India.
ITB 2 Source of Funds
ITB 2.1 The name and the details of the project is Pune Metro Rail Project.
The Employer is in the process of applying for part financing of the entire project from
European Investment Bank (EIB).
ITB 2.3 However, this work is also being partly funded through equity from Government of
India & Government of Maharashtra.
ITB 4 Eligible Bidders
ITB 4.1 Maximum number of members in the JV shall be: 3 (Three)
Lead member shall not have less than 40% participation and other members shall have
minimum 20% participation in the proposed JV / Consortium for this work.
In case of JV / Consortium, change in constitution or percentage participation of JV /

Consortium shall not be permitted at any stage after their submission of Bid and
thereafter.
The authorized representative from lead member of JV/Consortium shall be signatory

of the bid. (Ref. Form-9. Section-IV of Part-1)

ITB 4.2 (c) No Bidder can be a subcontractor while submitting a Bid individually in his own name
(Additional or as a partner of a JV / Consortium in the same bidding process. A Bidder, if proposed
Para) as a subcontractor in any Bid, may be a proposed subcontractor in more than one Bid
also, but only in the capacity of Sub-contractor. The credentials of parent and sister
company shall not be considered for eligibility criteria.
ITB 4.5 This Bidding Process is in single stage two-packet system through e-tender portal of
Maha-Metro. Unless otherwise approved by the Employer, the Bids for this Contract
will be considered only from those companies, corporation, partnerships, consortia
and joint ventures who pass the Eligibility and qualification Criteria under Section III
based on submissions with the Bid. Further evaluation will be done of only such eligible
Bidders.
ITB 4.7 Where the Bidder is a Consortium or Joint Venture, the Bidder shall submit the
(New Para) following additional information to meet the qualification criteria for eligibility:
(a) A Memorandum of Understanding / Consortium Agreement shall be provided duly

notarized by the notary public of country of origin and should be stamped by
Embassy / High Commission.
(b) nomination of one of the Members of the Consortium or Joint Venture to be in-
charge (“Lead member”); and this authorization shall be covered in the Power of
Attorney signed by the legally authorized signatories of all Members of Consortium
or Joint Venture.
(c) details of the intended financial participation by each member shall be furnished
with complete details of the proposed division of project execution
responsibilities and relationships among the individual Members.
(d) The Lead member shall be authorized to incur liabilities, receive payment (if
provided for in MoU / Consortium Agreement) and receive instructions for and on
behalf of any or all Members of the Consortium / Joint Venture.
(e) All members of the Consortium / Joint Venture shall be jointly and severally
responsible for the execution of the Contract in accordance with the terms and
conditions of the Contract.
(f) The Bid shall be signed so as to be legally binding on all the Members of the
Consortium.
ITB 4.10 Indian Bidders, or Indian Members of a Consortium shall submit, a copy of the
(New Para) Permanent Account Number (PAN) issued by the Income Tax Authorities and a certified
copy of the last 3 years (including the latest Financial Year) income tax return, duly
acknowledged by Income Tax department with their Bid and the Technical Package.
In case the Indian member of a Consortium is a wholly owned 100% subsidiary of their
foreign member in the said Consortium and this Indian company has been formed less
than 3 years ago, the certified copy of the latest Financial Year income tax return
(applicable only if company was formed more than a year ago), duly acknowledged by
Income Tax department shall be submitted in the Technical Package.
ITB 4.11 The JV/Consortium member having maximum % contribution in similar work past
(New Para) experience should be the Lead Member in proposed JV/Consortium.
ITB 4.12 Existing JV/Consortium already worked/working in other metro rail project & meeting
(New Para) the eligibility criteria, mentioned in Bid Document, can bid as a same JV. For such
case work experience criteria of Single Entity shall be applicable.
ITB 5 Eligible Plant, Materials, Equipment, and Services
ITB 5.3 (New Bidders are encouraged (Not mandatory & Binding) to adopt Indian sources to the
Para) maximum possible extent. However, all plant, materials, supplies, equipment and
services shall be to the satisfaction of the Employer and Engineer. The information on
all plant, materials, supplies, equipment and services included in the Contractor’s
Proposal and incorporated into the Contract shall not, in any event, be construed as a
submission to the Employer under the Contract. Contractor will be required to take
specific approval of the Employer for deployment of plant, materials, supplies,
equipment and services in accordance with the Conditions of Contract and Employer’s
Requirements.
B. Bidding Documents
ITB 6 Section of Bidding Document
ITB 6.1 Replaced provisions of ITB 6.1 with the following:

The Bidding Documents consist of Parts 1, 2, 3 and 4, which include all the Sections
specified below, and which should be read in conjunction with any Addenda issued in
PART 1 - BIDDING PROCEDURE

Section I. Instructions to Bidders (ITB)
Section II. Bid Data Sheet (BDS)
Section II-A. Tool Kit of using e-tender portal
Section III. Evaluation and Qualification Criteria
Section V. Eligible Source Countries of Funding Agencies
PART 2 - WORK REQUIREMENT & APPENIXES ( SCOPE OF WORK)

Section VII-A. General Specifications
Section VII-B. Particular Specifications
Annexure-1 Design Basis Report and Schedule of Dimensions

Annexure-2 Tender Drawings
Annexure-3 Reference Documents
Annexure-4 IT BIM Requirements
PART 3 - CONDITION OF CONTRACT

Section VIII. General Conditions of Contract - GCC
Section IX. Particular Conditions of Contract - PCC
Section X. Contract Forms
Section XI. SHE Manual-Additional Conditions of Contract
Annexure-IX-A Approved Vendor / manufacturer list_of Maha-

Metro
Annexure-IX-B Key Dates (Appendix-2B)
Annexure-IX-C Site Office
Annexure-IX-D Approved Laboratory
Annexure-IX-E Stage-wise Payment Schedule for E&M Works
Annexure-5 Depot Building Contractor Interface
Annexure-6 Depot QA Plan (Concrete Construction)
Annexure-7 Depot QA Plan (Prefab Steel Construction)
PART-4 FINANCIAL BID AND BILL OF QUANTITIES
The contents of Part 2 – Annexure 3 – Reference Documents are for general reference
information only and any interpretation of the results shall be construed as opinions only
and not as representations or warranties as to the actual site or sub-soil conditions.
The Bidder shall check the pages of all documents against page numbers given in the
Contents Page to each Part/Section, and in the event of discovery of any discrepancy, the
Bidder shall inform the Employer forthwith.
ITB 6.3 (a) Add to ITB 6.3
(Additional Unless obtained directly by the bidder concerned from the Employer’s E-tender portal,
Para) the Employer is not responsible for the completeness of the Bidding Documents, responses
to requests for clarification, the minutes of the pre-Bid meeting (if any), or Addenda/
Corrigenda to the Bidding Documents in accordance with ITB 8. (Downloaded / Uploaded
by Bidder). In case of any contradiction, documents available / uploaded on E-Tender
portal of Employer shall prevail.
ITB 6.3 (b) Add to ITB 6.3
(Additional Failure to comply with the requirements of the Bidding Documents and to furnish all
Para) information required by the Bidding Documents or submission of a Bid not substantially
responsive to the Bidding Documents in every respect will be at the Bidder’s risk and may
result in rejection of its Bid.
ITB 6.5 The Bidder shall not make or cause to be made any alteration, erasure or obliteration to
(New Para) the text of the Bid Documents as uploaded on the E-tender portal of MAHA-METRO.

ITB 6.6 The document including the Bid Documents and all attached documents provided by MAHA-
(New Para) METRO are and shall remain or becomes the property of MAHA-METRO and are transmitted
to the Bidders solely for the purpose of preparation and the submission of a Bid in
accordance herewith. The provisions of this Para shall also apply mutatis mutandis to the
Bids and all other documents submitted by the Bidders, and MAHA-METRO will not return
to the Bidders any Bid, document or any information provided along therewith.
ITB 6.7 Contents of Supporting Documents
(New Para)
ITB 6.7.1 The reference documents, reports, drawings containing site information included in
(New Para) the Bidding Documents are for general information only and any interpretation of the
results shall be construed as opinions only and not as representations or warranties as
to the actual site conditions. The Bidders’ attention is specifically drawn to ITB 6.7.3
(additional para) below.
ITB 6.7.2 The Bidders shall note the existence of over ground, at grade and underground
(New Para) structures, utilities and infrastructure in the near vicinity of the Works to be
constructed.
ITB 6.7.3 The accuracy or reliability of the documents and reports referred to in this Para ITB
(New Para) 6.7 and of any other information supplied, prepared or commissioned at any time by
the Employer or others in connection with the Contract is not warranted. The Bidders’
attention is drawn to Clause 4.10 of GCC / Sub-Clause 4.10 of PCC in this regard. The
Bidder 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.
ITB 7 Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting
ITB 7.1 For clarification purposes and for any update/ addendum / corrigendum / pre-bid
queries, the Employer’s address is:
General Manager (Procurement)

E-mail: [email protected] & Web page: www.punemetrorail.org
Telephone: 020-26051074
ITB 7.1.1 Should the Bidder for any reason whatsoever, be in doubt about the meaning of
(Additional anything contained in the Bid Documents or the extent of detail in the Works
Para) Requirements (General Specification and Technical Specification) and Bidding
Drawings, the Bidder shall seek clarification from MAHA-METRO, not later than the
date specified. Bidders are advised to use the format attached in Part-I Bidding
Procedure Section IV: Bidding Forms (Form 11) while seeking clarifications.
ITB 7.4 Add to ITB 7.4
A Pre-Bid meeting shall take place for this tender on the date as per NIT. However,
bidders are allowed to raise queries pertaining to bid up till the following date and
time:
Date: As per NIT
Time: As per NIT
The Bidder is requested, as far as possible, to submit any questions in writing, to reach
the Employer before the date and time specified for Pre-Bid meeting in NIT & ITB 7.4
above. The bidder may send such queries either by post to the address mentioned in
the bid document or send by mail to [email protected]
Minutes of the pre-bid meeting, if applicable, including the text of the questions asked
by Bidders, without identifying the source, and the responses given, together with any
responses prepared after the meeting, will be uploaded on the E-Tender portal of
MAHA-METRO in accordance with ITB 6.3 and the same shall also be part of the Bid
Document.
ITB 7.8 Proposals for use of Work Areas
(New Para)
7.8.1 The Bidder shall note the requirements of the Land Acquisition Act, of India
7.8.2 The Bidder shall note the provision contained in Appendix 2A of Employer’s
Requirements.

7.8.2 The Bidder 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 as described in Part-2-Works Requirements, Section VII-
A, General Specification-Appendix (Depot) Appendix-8 and Sub-Clause No.4.19 of Part-
III Section-IX (Particular Conditions of Contract).
C. Preparation of Bids
ITB 10 Language of Bid
ITB 10.1 The language of the bid is: English
All correspondence / exchange shall be in the English language. Language for

translation of supporting documents and printed literature is English.
Supporting documents related to eligibility criteria enclosed with the bid, other than
English Language, should be translated in to English and each such translated page
will have to be notarized/registered with appropriate statutory authority in the
jurisdiction where the supporting document is being issued and should be endorsed by
Indian Embassy.
The bidder should provide the relevant contact number & E-Mail ID along with the
postal address, in English, of issuing authority / agency of such documents for
verification purpose.
ITB 11 Documents Comprising the Bid
Replace ITB 11 and its Sub-Para with the following:
ITB 11.1 The Bidder shall, on or before the date and time given in the Notice of Invitation to
the Bid, upload his Bid on e-tendering portal http://mahametrorail.etenders.in in
accordance with provisions in ITB 26.1
ITB 11.2 General Requirements
ITB 11.2 (a) The Bidder shall follow the procedure and steps of E-Tender portal of MAHA-METRO given
in E-Toolkit provided in Part-I-Bidding Procedure – Annexure-II-A.
Cost of the bid: Paid online through E-Tender portal
Bid Security: – Scanned Copy of BG to be uploaded
Technical Package: To be submitted at appropriate place i.e. Technical Envelope on e-

tender portal.
Financial Package: Financial bid form to be duly filled up directly in the
Commercial Envelope only on e-tender portal and not anywhere else.
 Bidder should ensure that the no part of the Financial Bid should be uploaded
anywhere in the technical Bid; if the bidder does so then his bid will be rejected
out rightly.
 The original Bank Guarantee from an Indian Schedule commercial bank (excluding
Cooperative Banks) or from a schedule Foreign Bank having business office in India
as defined in Section 2(e) of RBI Act 1934. Bid Security shall be submitted within
three working days from the last date stipulated for submission of bid at the office
of Maha-Metro at address given above.
 For Bid Security: refer BDS ITB 21.1 below
ITB 11.2 (b) The bid documents shall include all the corrigendum/ addendum/ clarifications provided
by the Employer during the course before submission of Bid. Failure of the submission of
the same shall consider the bidder to be non-responsive and the bid will not be validated.
ITB 11.2 (c) The Bidder shall submit/ upload (through digital signature of authorized person in e-
tender portal of Maha-Metro) in the Technical Package of its Bid the following
documents, duly completed, which in the event of acceptance of the Bid, shall form
part of the Contract: -
i. Letter of Bid in accordance with ITB 12.

ii. Complete bid documents along with addendum/ corrigendum/clarifications &
reply of quires issued online to be down loaded by bidder using DSC of authorized
signatory of bidders or JV/Consortium only and entire document to be uploaded

by bidder on E-Tender portal of Maha-Metro through the same digital signature

of the Bidder.
iii. Copy of Power of Attorney signing the bid of bidder
iv. Scanned copy of Bid Security
v. Scanned copy of POA of each member & Lead member in case of JV/
Consortium
vi. All relevant formats given in Section-IV of Part-1: Bidding format. Physically
signed by authorized signatory.
vii. Certificate of registration and other statutory documents of formation of
bidder’s company or JV/ Consortium or each members of JV/ Consortium (If not
incorporated yet) issued by appropriate authority.
viii. Jointly and Severally liability undertaking for the execution of contract
ix. Copy of all financial documents as directed in Section-III
x. Relevant work experience certificate (in line of Section III: Eligibility and
Qualification Criteria).
xi. All format of Section-IV a and other enclosure, certificates stated above or
desired elsewhere in the bid documents shall be physically filled, signed &
stamped by authorized signatory & scanned copies of such enclosures/documents
should be uploaded on e-tender portal of Maha-Metro along with bid documents.
The enclosures meant for Technical package shall be uploaded with Technical
Envelope. The pre-qualification documents shall comprise of all information and
supporting documents as per Section III: Eligibility and Qualification Criteria
• Letter of application
• Letter of participation from each member of the group
• All other details
xii. Covenant of Integrity duly filled in the format given in Section-IV of Part-1:
Bidding Forms.
ITB 11.3 Alternative price bid is not permissible.
ITB 11.4 Technical Package
(New Clause)
ITB 11.4.1 Outline Quality Plan (Form 4.7 under Section IV: Bidding Form): The Bidder shall
(New Clause) submit as part of its Bid an Outline Quality Plan illustrating the intended means of
compliance with the Section VII-A, Works Requirements, and setting out in summary
form an adequate basis for the development of the more detailed document required
under specifications of the Bid. The Outline Quality Plan shall contain sufficient
information to demonstrate clearly the proposed method of achieving the Bidder’s
quality objectives with regard to the requirement of the Contract.
ITB 11.4.2 Outline Safety Plan (Form 4.8 under Section IV: Bidding Form): The Bidder shall
(New Clause) submit as part of its Bid an Outline Safety Plan which shall contain sufficient
information to demonstrate clearly the Bidder’s proposals for achieving effective and
efficient safety procedures in the design, manufacture, testing and commissioning of
the Works. The Outline Safety 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 including Hazard Analysis, Fire Control, Electro
Magnetic Compatibility/ Electromagnetic Interference control, reliability, availability
and maintainability requirements as given in the Section-VII-B – Electrical, HVAC and
Fire Protection Works Specification of the Particular Specification(Depot).
The Outline Safety Plan shall be headed with a formal statement of policy in relation
to safety and shall be sufficiently informative to define the Bidder’s Safety Plans and
set out in summary an adequate basis for the development of the Site Safety and
Safety in transportation to be submitted in accordance with Works Requirements -
Construction(Depot) of General Specifications, Part 2, Section VII-A). The Bidder may
be requested by MAHA-METRO in writing to amplify, explain or develop its Outline
Safety Plan prior to the date of acceptance of the Bid and to provide more details with
a view to reaching provisional acceptance of such a Plan.
ITB 11.4.3 Outline Environmental Plan (Form 4.9 under Section IV: Bidding Form): The Bidder
(New Clause) shall submit as part of its Bid an Outline Environmental Plan setting out in summary
form its intended means of complying with the Employer’s Safety, Health and
Environment Manual and noise standards for the Works (refer Part-3 Condition of
Contract-Section-IX SHE Manual and Section-IX Particular Conditions of Contract

(PCC) Sub-Clause 4.8). This shall be an adequate basis for the development of the
more detailed document to be submitted under Works Requirements. This shall form
the basis for the submission of a detailed and comprehensive Environmental Plan to
be submitted in accordance with Works Requirement (Sub Clause No.4.18(New
Clause) Part-III Section IX Particular Condition of Contract) at the time of detailed
design.
The Bidder may be requested by MAHA-METRO in writing to amplify, explain or develop

its Outline Environmental Plan prior to the date of acceptance of the Bid and to provide
more detail with a view to reaching provisional acceptance of such a Plan.
ITB 11.4.4 The Structure of the Bidder including details of ownership and control of the Bidder
(New Clause) (Form 4.11 under Section IV: Bidding Form).
ITB 11.4.5 Project Management Plan (Form 4.10 under Section IV: Bidding Form): The Bidder shall
(New Clause) submit with its Bid a Project Management Plan including staffing schedule as
prescribed in Works Requirements, inter-alia, indicating names, qualifications,
professional experience and corporate affiliation of all proposed key management and
engineering personnel (above the level of supervisor) and specialists. Details shall be
included for all such personnel whether directly employed or engaged on a consultancy
or advisory basis and whether associated with the design or 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 Bidder shall include its proposals for its Co-ordination Control Team and include
the name and qualifications of the Team Leader responsible for the interface co-
ordination with Designated Contractors.
The successful Bidder shall deploy those proposed key management and engineering
personnel. Should they be not available for the Work, the successful Bidder shall
deploy an equivalent or superior expert (in qualification, experience and capability)
acceptable to the Employer and subject to the written prior approval of Employer.
ITB 11.4.6 Staffing Schedule and Organization Chart (refer Form 4.1 under Section IV : Bidding
(New Clause) Form)
i. The Bidder shall submit with his Bid, as per format provided in Section IV a:
Bidding Forms 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 design or 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 in no way be
less than the minimum requirement as indicated in Section III: Eligibility and
Qualification Criteria.
ii. The Bidder shall include his proposals for his Co-ordination & Control Team and
include the name and qualifications of the Team Leader responsible for the
interface co-ordination with Designated Contractors.
iii. The key staff for execution shall be from that member of the JV who has the
experience of and on whose experience the JV qualifies the criteria of work
experience and if the JV qualifies on the credentials of work eligibility by the
foreign member then the Project Manager deployed shall be an expatriate having
minimum 15 years of total experience out of which 10 years should be in projects
of similar nature.
ITB 11.4.7 1. The Bidder shall submit with its Bid, a Works Programme which shall indicate how
(New Clause) the Bidder 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 Works Programme are set out in Section IV: Bidding Forms
(Form 4.3). The Works Programme shall be prepared in terms of weeks from

Commencement Date of Works. The Works Programme given in the Bid shall not in
any event be construed as a submission of the Works Programme as required to be
furnished according to the Employer’s Requirements.
2. The Bidder shall submit with its Bid its proposed Design Submission Programme to
cover the Design Phase. Such proposed programme shall: (a) be consistent with the
Works Programme as detailed in Employer’s Requirements; (b) Include a Schedule
identifying, describing, cross referencing and explaining the Design Packages and
Submissions which the Bidder intends to submit; (c) take due account of the design
co-ordination interface periods during which the Contractor shall be required to
undertake and complete all aspects of design co-ordination with other contractors
(Designated Contractors) engaged in the design of the Project such that each
contractor can complete its coordinated design in the knowledge that such design
will be compatible and coordinated with others and allowing adequate time for the
Employer’s assessments and decisions. The proposed Design Submission Programme
submitted at the time of Bid shall be modified and developed as necessary during
the Contract Period to incorporate the Employer's programme requirements in
respect of review by the Employer and the Engineer.
3. The Bidder’s attention is drawn to the Employer’s Requirements and the
requirements that the initial Proposed Works Programme and Design Submission
Programme shall be submitted within the period stipulated in Employer’s
Requirements. However, the Bidder should note that it may be requested by Maha-
Metro in writing to amplify, explain and develop its proposed Works Programme
prior to award of Contract.
The proposed Design Submission Programme and other submissions given in the Bid
shall not, in any event, be construed as a submission as required to be furnished as
per the Employer’s Requirements.
ITB 13 Alternative Bid
ITB 13.1 Alternative bids shall not be permitted under ITB 13.1, ITB 13.2, ITB 13.3, or ITB 13.4
ITB 13.2 Alternative times for completion not permitted.
ITB 18 Bid Prices & Discounts

ITB 18.5 The prices quoted by the bidder shall be adjusted pursuant to Clause No. 13.8
Adjustment of change in cost (Price Variations) mentioned in Part-3 Section-IX
Particular Conditions of Contract.
ITB 18.9 Due to change in law, the Employer may get, from the Government, partial or
(New Clause) complete waiver of taxes under GST, royalties, Labour, cess, and other levies payable
to various authorities. The successful Bidder (the Contractor) shall maintain
meticulous records of all the taxes and duties paid under GST etc. 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. The Pro forma of undertaking is
provided in Section IV: Bidding Form (Form 21).
ITB 18.10 With the Bid submission, the Bidder shall submit the Pro forma of undertaking provided
(New Clause) in Section IV: Bidding Form (Form 22) stating that registrations under various fiscal
and labour laws like GST, Profession Tax, Import Export Code, Employee State
Insurance, Provident Fund, Maharashtra Labour Welfare Fund, shall be obtained by the
bidders in the event of award of the work.
ITB 18.11 The price quoted by bidders deemed to be inclusive of all kinds of duties, taxes, Cess
(New Clause) and other levies payable as per GST, Custom tariff act etc. and as prevailing on 30
days (Base Date) prior to final date of submission of bid (Closing time & date of
submission of online bid).
ITB 18.12 No document with regard to Custom and Excise duty will be required to be submitted.
(New Clause) In view of above, the Bidders are advised to quote the price inclusive of all taxes,
levies, duties, cess as per GST/Custom Tariff Act royalty, etc. and all other incidental
charges required to fulfil the tender conditions including statutory deduction viz., TDS
towards Income Tax / Works Contract Tax etc. after considering ITB 18.7 to 18.12
above.

ITB 19 Currencies of Bid & Payment

ITB 19.1 The bidder may submit his Bid Price in any or all of three currencies i.e. INR, Euro and
USD. The Payment of the Contract Price shall be made in INR and other two currencies
(Euro and USD) in which the Bid Price is expressed in the Bid of the successful Bidder.
ITB 20 Period of Validity of Bids
ITB 20.1 The bid validity period shall be 180 days.
(New Clause)
ITB 20.3 Not Used
ITB 21 Bid Security
ITB 21.1 Bid Security is required as mentioned below: -
The total bid security amount shall be INR 15.0 Million submitted as below:
INR 15.0 Million in form of Bank Guarantee, as per procedure given in bid documents,
from an Indian Schedule commercial bank (excluding Cooperative Banks) or from a
schedule Foreign Bank as defined in Section 2(e) of RBI Act 1934.
Bank Name : BNAK OF MAHARASHTRA

Branch with Address: (01150) PUNE MAIN BRANCH,
LOKMANGAL, 1501,
SHIVAJINAGAR, PUNE-411005
Bank Account Name: MAHARASHTRA METRO RAIL CORPORATION LIMITED
Bank Account No.: 60274237292
Bank Account Type: Current
IFSCode: MAHB0001150
(a) A scanned copy of this BG is to be uploaded online and the bidder should ensure
physical submission of the original bank guarantee at the office of Maha-Metro at
address specified in bid document, within 3 working days from the last date
stipulated for submission of the bid documents (online).
(b) If the bidder fails to submit the scanned copy at the aforesaid BG or fails to submit
the original bank guarantee, his Bid shall not be considered for opening & rejected
outright.
ITB 21.2 The Bidder shall submit with his Bid a Bid Security for the sum mentioned in BDS/ITB
by BG as specified in ITB 21.1 above. Such bid security in form of Bank Guarantee,
from an Indian Schedule commercial bank (excluding Cooperative Banks) or from a
schedule Foreign Bank as defined in Section 2(e) of RBI Act 1934 and shall be valid for
a period of 60 days beyond the bid validity period stipulated in the bid.
ITB 22 Format and Signing of Bid
ITB 22.1, 22.2, As per BDS ITS 23.6
22.3 & 22.4
D. Submission and Opening of Bids
ITB 23 Submission Sealing and Marking of Bids
ITB 23.1, 23.2 As per BDS ITB 23.6
ITB 23.3, 23.4, DELETED

23.5
ITB 23.6 Bids shall be submitted through e-tender portal of MAHA-METRO only with clearly
(new Para) marked ‘Pre-qualification & Technical Proposal’, containing documents comprising the
Technical Proposal in accordance with the provisions of ITB 17, and the other clearly
marked ‘Financial Proposal’, containing Schedule of Prices or the Pricing Documents
in accordance with the provisions of ITB 18.
ITB 24 Deadline for Submission of Bids
ITB 24.1 Replacement for ITB as under:
Bid to be submitted through e-tender portal of MAHA-METRO only.

The Bidder shall, on or before the date and time given in the Notice inviting Bid or as
may have been amended from time to time, upload his Bid on e-tendering portal
https://mahametrorail.etenders.in. Bidders may refer to e-tender procedures (Toolkit
for using e-tender portal) at Part-I-Bidding Procedure – Annexure-II-A.
In case of support or help required during online submission or difficulty encountered

during online submission, the Bidders may contact the following officials: (Helpline for
on line submission of Bid only)
Prashant Jadhav (Tender Executive): 8879976221
Sachin Hattali (Tender Executive): 7720027198
ITB 24.3 Bid to be submitted through e-tender portal of Maha-Metro only.
(New Para)
ITB 24.3.2 The entire Bid Document available on e-tender portal of Maha-Metro with all
Corrigendum and Addendum issued from time to time and requisite enclosures
described and directed in bid documents shall be downloaded, filled and uploaded on
the e-tender portal of MAHA-METRO by the authorized signatory on behalf of the
bidder with his digital signature (DSC). The bidder who fails to submit as mentioned
aforesaid, his bids shall be treated as non-responsive and not considered for
evaluation.
ITB 25 Late Bids
As the bidding process is through online e-tendering process late submission of bid will
not be allowed by the e-tender portal of MAHA-METRO.
ITB 26 Withdrawal, Substitution and Modification of Bids

As the bid process is through e-tendering portal of MAHA-METRO only amendment/
modification of bid by going into the Re-Work option of the E-Tender portal shall be
permissible, in case the bidder wants to Withdraw the already uploaded submissions
the same would not be possible but the bidder in such case can opt for not carrying
out the process specified in the portal for handing over of the completed and uploaded
bid. The bidder should further note that in such case the Bid Security deposited
through the system shall not be refundable immediately.
ITB 27 Bid Opening
ITB 27.1 The bid opening/ shall take place at office of:
General Manager (Procurement)

101, The Orion, Opposite Don Bosco Youth Centre, Koregaon Park, Pune-411001
Date: As per NIT
Time: As per NIT
The Technical Envelope/ Packages of Online Submitted Bids shall be opened/

downloaded by the opening committee on due date and time of Bid opening.
Add following paragraph below the existing paragraph of ITB 27.1:
The Bid Security will be checked, and details will be read out for the information of
representative of Bidders, present at the time of opening of Bid. Technical Envelope/
Package of those Bidders who have not submitted Bid Security shall not be considered
for further evaluation. Bid which is accompanied by an unacceptable or fraudulent Bid
Security shall be considered as non – compliant and rejected. Also, bidders who have
not uploaded the entire Bid document, Corrigendum, Addendum as uploaded in
the portal by MAHA-METRO, their submission treated as non-responsive and no
further technical evaluation will be carried out.
After evaluation of Technical Bid received electronically via E-Tender portal of MAHA-
METRO, the Financial/ Commercial Package/ Envelope of bid of the bidders who have
been evaluated as substantially responsive shall be opened. The date & time of

opening of Financial Bid shall be communicated to such substantially responsive

bidders only, electronically (E-mail).
ITB 27.2, 27.3, Replace 27.2,27.3,27.4 with the following:

27.4 The final bid submitted to the e-tender portal of MAHA-METRO, after all the re-works
shall be considered valid and only the same shall be considered for evaluation. The
bid which is not full/ complete in any manner shall not be considered for evaluation.
ITB 27.5 Replace provisions of ITB 27.5 with the following:
For the avoidance of doubt, all references to the opening bids received electronically
via e-tender portal of MAHA-METRO and reading out shall mean opening and reading
out the corresponding Technical Proposal as applicable. The reading out of the
Technical Proposal shall include the presence or absence of a bid security; and any
other details as the Employer may consider appropriate. The Employer shall neither
discuss the merits of any bid nor reject any bid (except for late bids, in accordance
with ITB 25.1) at this stage.
E. Evaluation and Comparison of Bids
ITB 33 Determination of Responsiveness of Technical Bids
ITB 33.1.1. General Evaluation: Prior to the detailed evaluation of Bids, the Employer will
(Additional determine whether each Bid:
Para) • All enclosures, declarations, formats are properly signed by authorized Person.
• The complete bid document including all corrigendum/addendum/clarifications
issued time to time, prior to submission of bid and all required enclosures should
be uploaded to the e-tender portal of MAHA-METRO through digital signature of
bidders or through Digital Signature (DSC) of authorized representative of all
member of a JV/Consortium
• has been accompanied by a valid Bid Security; and
• submitted is supported by documents covering the Eligibility & Qualification Criteria
ITB 37 Conversion to Single Currency
ITB 37.1 Exchange rates shall be the rate of exchange at the close of business hours of the
Reserve Bank of India 28 days prior to submission of bid.
ITB 38 Evaluation of Price Bid
ITB 38.4 The bidder is to note that, if the L1 bidder for this package is same as the L1 bidder
(or contractor) for package-2, then during the process of evaluation of the bid, a post-
qualification criterion as mentioned in the Eligibility and Qualification criteria for the
combined packages shall be checked before awarding the contract for this package.
In case the L1 bidder of this package fails to meet the post-qualification criteria, then
the contract will be awarded to the L2 bidder of this package.
ITB 38.5 DELETED
F. Award of Contract
ITB 41 Award Criteria
ITB 41.2 Failure of the successful Bidder to comply with the requirements of ITB 44 and ITB 45
shall constitute sufficient grounds for the annulment of the award and forfeiture of
the Bid Security.
ITB 42 Notification of Award
ITB 42.5 The “Letter of Acceptance” will be sent in duplicate to the successful Bidder, 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. The Letter of Acceptance
will constitute a part of the contract.
ITB 46 Incentive Clause
ITB 46.1 INR 10 Lacs per day for each day completed earlier reckoned from the date of completion
stipulated in the agreement, subjected to a maximum of INR 5 Crores. Engineer’s decision
in regard to payment of incentive and the amount thereof shall be final and binding
on the Contractor, without any right to appeal or raise disputes. The payment for
incentive shall be applicable, if all the original Key Dates mentioned in the contract
are met.
ITB 47 Guarantees and Warranties

ITB 47.1 The Contractor shall submit other all Warranties, Guarantees & Undertakings (as
(Additional applicable) in accordance with Sub-Clause 4.2 A of Part-B of PCC and Section-I ITB and
Para) Section X-Contract form.
ITB 47.2 The Bidder shall submit full details of the identity of the proposed parties who would
(new Para) respectively provide or issue:
the Performance Security in accordance with New Sub-Clause 4.2(A) of the Part-III
Section-IX of Particular Conditions of Contract;
parent company Undertakings in accordance with New Sub-Clause 4.2(A) of the Part-
III Section-IX of Particular Conditions of Contract;
parent company guarantees in accordance with New Sub-Clause 4.2(A) of the Part-
III Section-IX of Particular Conditions of Contract;
ITB 47.3 The Contractor shall submit other Warranties and Guarantees in accordance with Sub-
(new Para) Clause 4.2 A of Part-III Section-IX of Particular Conditions of Contract.
ITB 47.4 If the Bidder comprises a Consortium, a parent company of each Member of such
(new Para) Consortium will be required to execute the Undertakings and Guarantees referred to
in sub-paragraphs (b) and (c) of ITB 47.1 above.
ITB 47.5 Forms of the above documents are given in the Schedules to the Particular Conditions
(new Para) of Contract.
ITB 47.6 The Contractor should note that all Guarantees, Undertakings and Warranties except
(new Para) Advance Payment Guarantee, Retention Money Guarantee shall be executed prior to
signing of the Contract.
ITB 48 Insurance
ITB 48.1 The Bidders’ attention is drawn to the provisions contained in Clause 18.1,18.2,18.3
(Additional & 18.4 of the General Conditions of Contract and Sub-Clause 18.1 & 18.2 of Part-III
Para) Section-IX of Particular Conditions of Contract.

Section-II: Annexure-A
Tool Kit for- E-Tender Portal

BIDDING DOCUMENTS
FOR
CONSTRUCTION OF 2 Nos. ROLLING STOCK DEPOTS AT RANGE HILL & VANAZ INCLUDING
CIVIL AND E&M WORKS FOR PUNE METRO RAIL PROJECT.
TENDER NO.
P1C-07/2018

Section-II : Annexure-A Tool Kit for E-
Tender Portal

Telephone: 020-26051072
Maha-Metro JULY-18 Part-1 | Section-II-A : Page 139

Section-II (Annexure-A)
E-Tender Toolkit
1. TENDERING PROCEDURE
A] Tender Forms “-
i. Tender Forms can be purchased from the e-Tendering Portal of MAHA-METRO, i.e.
https://mahametrorail.etenders.in after paying Tender Fees via online mode as Per the
Tender Schedule.
ii. Bidder should have valid class II/III digital signature certificates (DSC) obtain from any
certifying authorities.
iii. Bidder should install the Java and NxtCrypto service available on the Home Page of Download
section URL :- https://mahametrorail.etenders.in
B] Pre-requisites to participate in the Tenders processed by MAHA-METRO :-
i. Enrolment of Contractors on Electronic Tendering System :-
The Contractors interested in participating in the Tenders of MAHA-METRO processed using

the Electronic Tendering System shall be required to enroll on the Electronic Tendering
System to obtain User ID.
If the information is found to be complete, the enrolment submitted by the Vendor shall be
approved automatically.
The Contractors may obtain the necessary information on the process of enrolment either
from Helpdesk Support Team or may visit the information published under the link Help
manual and tutorials on the Home Page of the Electronic Tendering System.
ii. Obtaining a Digital Certificate:
The Bid Data that is prepared online is required to be encrypted and the hash value of the
Bid Data is required to be signed electronically using a Digital Certificate (Class - II or Class -
III). This is required to maintain the security of the Bid Data and also to establish the identity
of the Contractor transacting on the System.
The Digital Certificates are issued by an approved Certifying Authority authorized by the
Controller of Certifying Authorities of Government of India through their Authorized
Representatives upon receipt of documents required to obtain a Digital Certificate.
Bid data / information for a particular Tender may be submitted only using the Digital
Certificate which is used to encrypt the data / information and sign the hash value during
the Tender Submission stage. In case during the process of preparing and submitting a Bid for
a particular Tender, the Contractor loses his/her Digital Signature Certificate (i.e. due to
virus attack, hardware problem, operating system problem); he / she may not be able to
submit the Bid online.
Hence, the Users are advised to store his / her Digital Certificate securely and if possible,
keep a backup at safe place under adequate security to be used in case of need.
In case of online tendering, if the Digital Certificate issued to an Authorized User of a

Partnership Firm is used for signing and submitting a bid, it will be considered equivalent to
a no objection certificate / power of attorney to that User to submit the bid on behalf of the
Partnership Firm. The Partnership Firm has to authorize a specific individual via an
authorization certificate signed by a partner of the firm (and in case the applicant is a
partner, another partner in the same form is required to authorize) to use the digital
certificate as per Indian Information Technology Act, 2000.
Unless the Digital Certificate is revoked, it will be assumed to represent adequate authority
of the Authority User to bid on behalf of the Firm for the Tenders processed on the Electronic
Tender Management System of Government of Maharashtra as per Indian Information
Technology Act, 2000. The Digital Signature of this Authorized User will be binding on the
Firm. It shall be the responsibility of Partners of the Firm to inform the Certifying Authority

or Sub Certifying Authority, if the Authorized User changes, and apply for a fresh Digital
Signature Certificate. The procedure for application of a Digital Signature Certificate will
remain the same for the new Authorized User.
The same procedure holds true for the Authorized Users in a Private / Public Limited
Company. In this case, the Authorization Certificate will have to be signed by the Director of
the Company or the Reporting Authority of the Applicant.
For information on the process of application for obtaining Digital Certificate, the
Contractors may visit the section Digital Signature Forms on the Home Page of the Electronic
Tendering System.
iii. Recommended Hardware and Internet Connectivity:
To operate on the Electronic Tendering System, the Contractors are recommended to use
Computer System with at least 1 GB of RAM and broadband connectivity with minimum 512
kbps bandwidth.
iv. Set up of Computer System for executing the operations on the Electronic Tendering
System:
To operate on the Electronic Tendering System of MAHA-METRO, the Computer System of the
Contractors is required be set up. The Contractors are required to install Utilities available
under the section Downloads on the Home Page of the System.
The Utilities are available for download freely from the above mention section. The
Contractors are requested to refer to the Help manual and Tutorials available online on the
Home Page to understand the process of setting up the System, or alternatively, contact the
Helpdesk Support Team on information / guidance on the process of setting up the System.
C) The e-tender portal contains two section Technical Bid Submission & Financial Bid
Submission.
i. Technical Bid Section: - Technical Bid Section shall contain all Documents and enclosures
as directed in NIT, ITB and EQ. Bidder shall upload the PDF copy of such documents in
Technical Section only.
ii. Financial Bid Section: - All prices/Commercial offers/ or any information pertain to
commercial offer required by MAHA-METRO from the bidders, shall be filled/ uploaded
(If directed by MAHA-METRO) in Financial bid Section only.
iii. No information pertaining to Financial Bid section should be uploaded/disclosed in
Technical Bid Section or vice versa.
D) Steps to be followed by Contractors to participate in the e-Tenders processed by MAHA-
METRO
i. Preparation of online Briefcase:
All Contractors enrolled on the Electronic Tendering System of MAHA-METRO are provided
with dedicated briefcase facility to store documents / files in digital format. The Contractors
can use the online briefcase to store their scanned copies of frequently used documents /
files to be submitted as a part of their bid response. The Contractors are advised to store the
relevant documents in the briefcase before starting the Tender Submission stage.
In case, the Contractors have multiple documents under the same type (e.g. multiple Work
Completion Certificates) as mentioned above, the Contractors advised to either create a
single .pdf file of all the documents of same type or compress the documents in a single
compressed file in .zip or .rar formats and upload the same.
Note: Uploading of documents in the briefcase does not mean that the documents are
available to MAHA-METRO at the time of Tender Opening stage unless the documents are
specifically attached to the Tender during the Tender Submission stage.
ii. Online viewing of Detailed Notice Inviting Tenders:

The Contractors can view the entire tender document inter alia including Detailed Tender
Notice (NIT) along with the Time Schedule (Key Dates) for all the Live Tenders released by
MAHA-METRO and Eligibility Criteria (EQ) on the home page of MAHA-METRO e-Tendering
Portal on https://mahametrorail.etenders.in under the section Online Tenders. Viewing &
downloading the tender document is free of cost.
iii. Download of Tender Documents:
After going through the NIT & EQ, if bidder finds himself eligible for the bidding, he may
purchase the complete bid document via online mode by paying the cost of Tender Document
by Debit Card/Credit Card/ Net Banking as described on E-Tender Portal. After paying the
cost of the document, bidder may download the complete bid documents. The bidder shall
not be able to bid without purchasing the bid document as per the online procedure.
iv. Online Submission of Bid:
a. At the stage of EMD, the EMD payment may be either in the form of Cash or Bank Guarantee
or combination of both. Bidders are advised to refer the Instruction to Tenderers and Bid
Data Sheet of the concerning Bid. For detail provision of payment of EMD, bidders are
advised to refer concerning clause of Bid Document
b. For Cash Component Payment of EMD, which bidder has to pay online using any one online
pay mode as RTGS, NEFT, Debit Card, Credit Card & Net Banking through payment gateway
of E-Tender Portal. For EMD payment, if bidder use NEFT or RTGS then system will generate
a challan (in two Copies) with unique challan No specific to the tender. Bidder will use this
challan in his bank to make NEFT/RTGS Payment against the challan.
c. Bidder should ensure the payment of online EMD, 72 Hours (Excepting Holiday if any) prior
to the final submission date of the Bid*.
d. Bidder have the option to pay EMD either at the initial stage of submission of bid or at the
final stage of submission of bid, when all mandatory formats/ documents filled/ uploaded.
e. If the EMD is in form of Bank Guarantee or part of EMD in form of BG, scan copy of such BG
shall be uploaded by bidders in technical section of E-Tender Portal.
f. Bidder shall download the Complete Bid Document along with all Corrigendum/
Addendum/Clarification etc. by logging in with E-Tender Portal using his DSC (i.e. DSC of
POA/ Owner) & read the all tender Instruction & clauses carefully.
g. For submission of Tender Document and Corrigendum, Tick (√) Submission Process has
been enabled in Technical section of E-Tender Portal of MAHA-METRO. Bidders have to
tick (√) the corresponding checkbox provided in the Technical Section of E-Tendering
portal as a token of acceptance of these bid documents & corrigendum / Addendums.
By clicking the tick (√) the bid documents & corrigendum /addendum shall automatically
attached to offer of bidder. Further bidder may proceed for submission by clicking
submit button.
h. If the bidder has completed the submission process of his bid before due date of
submission and in between employer issue a corrigendum, in this circumstance the
bidder has to re-submit his bid by “clicking tick (√)” to the new added corrigendum, in
case the new corrigendum has any implications to his already submitted bid. Bidder
may, at his option, amend his bid accordingly & re-submit it.
i. Physical Sign & seal of bidder on each page of Bid Documents available online is not
required.
j. All required enclosures as per bid document shall be uploaded in “Technical Envelope” /
“Technical Section” of E-Tender portal by using DSC of bidder.
k. The “Technical Envelope” / “Technical Section” of E-Tender portal has been provided with
facilities to upload a file of maximum size of 10 MB only at each entity.
l. If bidder are desirous to upload a file more than 10 MB size, he shall spilt the file in two or
more parts of 10mb or lesser than 10 MB each and can upload the same at appropriate
Technical Template or “Additional Document” section of “Technical Envelope/section”
of E-Tender Portal.
Note:-
* Realization of NEFT/RTGS payment normally takes 24 hours, so it is advised to make

sure that NEFT/RTGS payment activity should be completed well before time.
* NEFT/RTGS option will be depend on the amount of EMD.
* Help File regarding use of e-Payment Gateway can be downloaded from e-Tendering
Portal.
v. Short listing of Contractors for Financial Bidding Process:

The Tendering Authority will first open the Technical Bid documents of all Contractors and
after scrutinizing these documents will shortlist the Contractors who are eligible for Financial
Bidding Process. The shortlisted Contractors will be intimated by email.
vi. Opening of the Financial Bids:
The Contractors may remain present in the Office of the Tender Opening Authority at the
time of opening of Financial Bids.
vii. Tender Schedule (Key Dates):
All the online activities are time tracked and the Electronic Tendering System enforces time-
locks that ensure that no activity or transaction can take place outside the Start and End
Dates and Time of the stage as defined in the Tender Schedule.
At the sole discretion of the Tender Authority, the time schedule of the Tender stages may
be extended.
Note: - For details illustrations, please refer or down load the PPT demonstration
available on E-Tender portal of https://mahametrorail.etenders.in
Terms and Conditions for Online-Payments
The Terms and Conditions contained herein shall apply to any person ("User") using the
services of MAHA-METRO Maharashtra, hereinafter referred to as "Merchant", for making
Tender fee and Earnest Money Deposit (EMD) payments through an online Payment Gateway
Service ("Service") offered by ICICI Bank Ltd. in association with E Tendering Service provider
and Payment Gateway Service provider through MAHA-METRO Maharashtra website
i.e. https://mahametrorail.etenders.in Each User is therefore deemed to have read and
accepted these Terms and Conditions.
Privacy Policy:
The Merchant respects and protects the privacy of the individuals that access the information
and use the services provided through them. Individually identifiable information about the
User is not willfully disclosed to any third party without first receiving the User's permission,
as covered in this Privacy Policy.
This Privacy Policy describes Merchant's treatment of personally identifiable information that
Merchant collects when the User is on the Merchant's website. The Merchant does not collect
any unique information about the User (such as User's name, email address, age, gender etc.)
except when you specifically and knowingly provide such information on the Website. Like
any business interested in offering the highest quality of service to clients, Merchant may,
from time to time, send email to the User and other communication to tell the User about
the various services, features, functionality and content offered by Merchant's website or
seek voluntary information from The User.
Please be aware, however, that Merchant will release specific personal information about
the User if required to do so in the following circumstances :-
a) In order to comply with any valid legal process such as a search warrant, statute, or court
order, or available at time of opening the tender.
b) if any of User's actions on our website violate the Terms of Service or any of our guidelines
for specific services, or
c) to protect or defend Merchant's legal rights or property, the Merchant's site, or the Users
of the site or;
d) to investigate, prevent, or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the security, integrity of Merchant's website/
offerings. General
Terms and Conditions for E-Payment on E-Tender Portal

1. Once a User has accepted these Terms and Conditions, he/ she may register on Merchant's
website and avail the Services.

2. Merchant's rights, obligations, undertakings shall be subject to the laws in force in India,
as well as any directives/ procedures of Government of India, and nothing contained in
these Terms and Conditions shall be in derogation of Merchant's right to comply with any
law enforcement agencies request or requirements relating to any User's use of the
website or information provided to or gathered by Merchant with respect to such use.
Each User accepts and agrees that the provision of details of his/ her use of the Website
to regulators or police or to any other third party in order to resolve disputes or complaints
which relate to the Website shall be at the absolute discretion of Merchant.
3. If any part of these Terms and Conditions are determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth herein, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of these Terms and Conditions shall continue
in effect.
4. These Terms and Conditions constitute the entire agreement between the User and
Merchant. These Terms and Conditions supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between the User
and Merchant. A printed version of these Terms and Conditions and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon
or relating to these Terms and Conditions to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained
in printed form.
5. The entries in the books of Merchant and/or the Payment Gateway Service Providers kept
in the ordinary course of business of Merchant and/or the Payment Gateway Service
Providers with regard to transactions covered under these Terms and Conditions and
matters therein appearing shall be binding on the User and shall be conclusive proof of
the genuineness and accuracy of the transaction.
6. Refund for Charge Back Transaction: In the event there is any claim for/ of charge back
by the User for any reason whatsoever, such User shall immediately approach Merchant
with his/ her claim details and claim refund from Merchant alone. Such refund (if any)
shall be affected only by Merchant via payment gateway or by means of a demand draft
or such other means as Merchant deems appropriate. No claims for refund/ charge back
shall be made by any User to the Payment Gateway Service Provider(s) and in the event
such claim is made it shall not be entertained.
7. In these Terms and Conditions, the term "Charge Back" shall mean, approved and settled
credit card or net banking purchase transaction(s) which are at any time refused, debited
or charged back to merchant account (and shall also include similar debits to Payment
Gateway Service Provider's accounts, if any) by the acquiring bank or credit card company
for any reason whatsoever, together with the bank fees, penalties and other charges
incidental thereto.
8. Refund for fraudulent/duplicate transaction(s): The User shall directly contact Merchant
for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a
fraudulent individual/party and such issues shall be suitably addressed by Merchant alone
in line with their policies and rules.
9. Server Slow Down/Session Timeout: In case the Website or Payment Gateway Service
Provider's webpage, that is linked to the Website, is experiencing any server related issues
like 'slow down' or 'failure' or 'session timeout', the User shall, before initiating the second
payment, check whether his/her Bank Account has been debited or not and accordingly
resort to one of the following options:
i. In case the Bank Account appears to be debited, ensure that he/ she does not make
the payment twice and immediately thereafter contact Merchant via e-mail or any
other mode of contact as provided by Merchant to confirm payment.
ii. In case the Bank Account is not debited, the User may initiate a fresh transaction to
make payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider
shall be held responsible for such fraudulent/duplicate transactions and hence no claims
should be raised to Payment Gateway Service Provider No communication received by the
Payment Gateway Service Provider(s) in this regard shall be entertained by the Payment
Gateway Service Provider.

Limitation of Liability of Merchant/ Payment Gateway
1. Merchant has made this Service available to the User as a matter of convenience. Merchant
expressly disclaims any claim or liability arising out of the provision of this Service. The
User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct
and that Merchant reserves the right to terminate the rights to use of the Service
immediately without giving any prior notice thereof.
2. Merchant and/or the Payment Gateway Service Providers shall not be liable for any
inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b)
the transmission or delivery of any such data, information or message; or (c) any loss or
damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-
performance or interruption in any such data, information or message. Under no
circumstances shall the Merchant and/or the Payment Gateway Service Providers, its
employees, directors, and its third party agents involved in processing, delivering or
managing the Services, be liable for any direct, indirect, incidental, special or
consequential damages, or any damages whatsoever, including punitive or exemplary
arising out of or in any way connected with the provision of or any inadequacy or deficiency
in the provision of the Services or resulting from unauthorized access or alteration of
transmissions of data or arising from suspension or termination of the Services.
3. The Merchant and the Payment Gateway Service Provider(s) assume no liability
whatsoever for any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Payment Gateway or Services in
connection thereto; and/ or
(II) any interruption or errors in the operation of the Payment Gateway.
4. The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and
Merchant and their respective officers, directors, agents, and employees, from any claim
or demand, or actions arising out of or in connection with the utilization of the Services.
The User agrees that Merchant or any of its employees will not be held liable by the User
for any loss or damages arising from your use of, or reliance upon the information contained
on the Website, or any failure to comply with these Terms and Conditions where such failure
is due to circumstance beyond Merchant's reasonable control.
Miscellaneous Conditions:
Any waiver of any rights available to Merchant under these Terms and Conditions shall not
mean that those rights are automatically waived.
1. The User agrees, understands and confirms that his/ her personal data including without
limitation details relating to debit card/ credit card transmitted over the Internet may be
susceptible to misuse, hacking, theft and/ or fraud and that Merchant or the Payment
Gateway Service Provider(s) have no control over such matters.
2. Although all reasonable care has been taken towards guarding against unauthorized use of
any information transmitted by the User, Merchant does not represent or guarantee that
the use of the Services provided by/ through it will not result in theft and/or unauthorized
use of data over the Internet.
3. The Merchant, the Payment Gateway Service Provider(s) and its affiliates and associates
shall not be liable, at any time, for any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer virus,
communications line failure, theft or destruction or unauthorized access to, alteration of,
or use of information contained on the Website.
4. The User may be required to create his/ her own User ID and Password in order to register
and/ or use the Services provided by Merchant on the Website. By accepting these Terms
and Conditions the User agrees that his/ her User ID and Password are very important pieces
of information and it shall be the User's own responsibility to keep them secure and
confidential. In furtherance hereof, the User agrees to;
i. Choose a new password, whenever required for security reasons.

ii. Keep his/ her User ID & Password strictly confidential.
iii. Be responsible for any transactions made by User under such User ID and Password.
The User is hereby informed that Merchant will never ask the User for the User's password
in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign
out of his/ her Merchant account on the Website and close the web browser window when
the transaction(s) have been completed. This is to ensure that others cannot access the
User's personal information and correspondence when the User happens to share a computer
with someone else or is using a computer in a public place like a library or Internet cafe.
Debit/Credit Card, Bank Account Details
1. The User agrees that the debit/credit card details provided by him/ her for use of the
aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/
credit card, that is not lawfully owned by him/ her or the use of which is not authorized by
the lawful owner thereof. The User further agrees and undertakes to provide correct and
valid debit/credit card details.
2. The User may make his/ her payment (Tender Fee/Earnest Money deposit) to Merchant by
using a debit/credit card or through online banking account. The User warrants, agrees and
confirms that when he/ she initiates a payment transaction and/or issues an online payment
instruction and provides his/ her card / bank details:
i. The User is fully and lawfully entitled to use such credit/debit card, bank account
for such transactions;
ii. The User is responsible to ensure that the card/ bank account details provided by
him/her are accurate;
iii. The User is authorizing debit of the nominated card/ bank account for the payment
of Tender Fee and Earnest Money Deposit
iv. The User is responsible to ensure sufficient credit is available on the nominated card/ bank
account at the time of making the payment to permit the payment of the dues payable or
the bill(s) selected by the User inclusive of the applicable Fee.
Personal Information
1. The User agrees that, to the extent required or permitted by law, Merchant and/ or the
Payment Gateway Service Provider(s) may also collect, use and disclose personal
information in connection with security related or law enforcement investigations or in the
course of cooperating with authorities or complying with legal requirements.
2. The User agrees that any communication sent by the User vide e-mail, shall imply release
of information therein/ therewith to Merchant. The User agrees to be contacted via e-mail
on such mails initiated by him/ her.
3. In addition to the information already in the possession of Merchant and/ or the Payment
Gateway Service Provider(s), Merchant may have collected similar information from the
User in the past. By entering the Website the User consents to the terms of Merchant's
information privacy policy and to our continued use of previously collected information. By
submitting the User's personal information to us, the User will be treated as having given
his/her permission for the processing of the User's personal data as set out herein.
4. The User acknowledges and agrees that his/ her information will be managed in accordance
with the laws for the time in force.
Payment Gateway Disclaimer: The Service is provided in order to facilitate payment of

Tender Fees/Earnest Money Deposit online. The Merchant or the Payment Gateway Service
Provider(s) do not make any representation of any kind, express or implied, as to the
operation of the Payment Gateway other than what is specified in the Website for this
purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees
that his/ her use of the aforesaid online payment service is entirely at own risk and
responsibility of the User.

Section-III: Evaluation &
Qualification Criteria

BIDDING DOCUMENTS
FOR

TENDER NO.
P1C-07/2018

Section-III : Evaluation &

Telephone: 020-26051072
Maha-Metro JULY-18 Part-1 | Section-III : Page 1 47

SECTION-III: Evaluation & Qualification Criteria
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. In
accordance with ITB 35 and ITB 37, no other factors, methods or criteria shall be used. The Bidder shall
provide all the information requested in the forms included in Section IV, Bidding Forms.
Wherever a Bidder (Foreign Bidder) is required to state a monetary amount, Bidders should indicate the
USD equivalent using the rate of exchange determined as follows :-
• For construction turnover or financial data required for each year - Exchange rate prevailing on the
last day of the respective calendar year.
• Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in the ITB 32.1. Any error in
determining the exchange rates in the Bid may be corrected by the Employer.
1. Evaluation: -
In addition to the criteria listed in ITB 35.2 the following criteria shall apply:-
1.1 Assessment of adequacy of Technical Proposal with Requirements: - The assessment

of the Technical Proposal submitted by a Bidder shall comprise (a) evaluation of the
Bidder’s technical capacity to mobilize key equipment and key personnel to carry out
the works, (b) manufacture / construction method, (c) manufacture / construction
schedule (d) sufficiently detailed supply sources, in accordance with requirements
specified in Section VII – Works Requirements.
1.2 Multiple Contracts - Not Applicable

1.3 Alternative Completion Times – Not Applicable
1.4 Technical alternatives – Not Applicable
1.5 Specialized Sub-Contractors:-
Only the specific experience of sub-contractors for specialized works permitted by the
Employer will be considered. The general experience and financial resources of the
specialized sub-contractors shall not be added to those of the Bidder for purposes of
qualification of the Bidder.

Filter of Applicants- Checklist

(To be filled by applicant and each member in case of a joint venture)
Name of Applicant/JV Member ___________________________________
Sr. No. Criteria Yes No
1. Has the applicant abandoned any work in the last 10 years?
2. Has the applicant delayed any work in the last 10 years by more
than 75% of the original period of completion due to his default?
3. Has the applicant delayed by more than 50% of the original
period of completion in more than 20% of the number of works
in the last 10 years due to his default?
4. Has the applicant suffered bankruptcy/insolvency in the last 10
years?
5. Has any misleading information been given in this application?
6. Has the applicant (each member in case of JV) submitted
“Covenant of Integrity”?
7. Is the net worth of the applicant as per clause 3.1 of eligibility
criteria and qualification requirement?
8. Has the applicant certified that no agent/middleman has been
or will be engaged or any agency commission been or will be
paid?
9. Has the bidder undergone Corporate Debt Restructuring (CDR)
since last five years?
(a) If yes, has the bidder submitted their bankers certificate
stating that their account with the bank is standard account
as on 31st March 2018?
(b) If no, has the bidder submitted an undertaking to the affect?
In case the bidder fails to submit an undertaking or banker’s

certificate, the bidder is liable for rejection.
10. Has the bidder submitted Client’s/Employer’s certificate
certifying Specific Construction & Contract Management
Experience as specified in 4.2(A) of the Evaluation and
Qualification criteria. (Such Client/Employer certificate should
be in the letter head of Client/ Employer mentioning the date
of issue, contact address, email id and name of the official
issuing the said certificate.)
1. A ‘YES’ answer to any question 1, 2, 3, 4 or 5 will disqualify the applicant.

2. A ‘NO’ answer to any question 6, 7, 8, 9(a.), 9(b.) or 10 will disqualify the applicant.

2. Qualification
No. Subject Requirement Single Entity Joint Venture / Consortium Documentation

(existing or intended)
All Parties Each member Any one
Combined member
1.0 Eligibility
1.1 Nationality Nationality in accordance with ITB 4.3 Must meet Must meet Must meet Must meet Forms ELI – 1.1 and
requirement requirement requirement requirement 1.2, with attachments
1.2 Conflict of No conflicts of interest in accordance with ITB Must meet Must meet Must meet N/A Letter of Bid
Interest 4.2 requirement requirement requirement
1.3 EIB Ineligibility Not having been declared ineligible by EIB, as Must meet Must meet Must meet N/A Form 24
described in ITB 4.4 requirement requirement requirement
1.4 Government Owned Meet conditions of ITB 4.3 Must meet Must meet Must meet N/A Forms ELI – 1.1 and
Entity of the requirement requirement requirement 1.2, with attachments
Borrower country
2.0 Historical Contract Non-Performance

2.1 History of Non- Non-performance of a contract 1 did not occur Must meet Must meet Must meet N/A Form CON-2
Performing as a result of contractor’s default in the past requirement 2 requirement requirement2
Contracts five (5) years.
2.2 Suspension Based Not under suspension based absence of a Bid Must meet Must meet Must meet N/A Application Submission
on absence of Bid Security pursuant to ITB 4.4 or withdrawal of a requirement requirement requirement Form
Security Bid pursuant ITB 19.9.
1
Non-performance, as decided by the Employer, shall include all contracts where (a) non-performance was not challenged by the contractor, including through referral to the dispute resolution mechanism
under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor. Non-performance shall not include contracts where Employers decision was overruled by the
dispute resolution mechanism. Non-performance must be based on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution
mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.
2
This requirement also applies to contracts executed by the Bidder as JV member.

2.3 Pending Litigation All pending litigation shall in total not Must meet N/A Must meet N/A Form CON – 2
represent more than one hundred percent requirement requirement
(100%) of the Bidder’s net worth and shall be
treated as resolved against the Bidder.
3.0 Financial Situation and Performance

3.1 Financial (i)The Bidder shall demonstrate that it has Must meet Must meet Must meet N/A Form FIN-3.1 and FIN-
Capabilities access to, or has available, liquid assets, requirement requirement requirement 3.3
unencumbered real assets, lines of credit, and as per their %
other financial means (independent of any share in JV
contractual advance payment) sufficient to
meet the construction cash flow requirements
estimated as INR 225 Million (or USD
equivalent on the day of bid submission) for the
subject contract(s) net of the Bidder’s other
commitments.
Notes: 3.1 (i)
The liquidity shall be ascertained from Net Working Capital {Current Assets – (current liabilities + provisions)} as per latest audited balance sheet and/or from the Banking
reference(s). Banking reference(s) should contain in clear terms the amount that the Bank will be in a position to lend for this work to the applicant/member of the Joint
Venture/Consortium. In case the Net Working Capital (as seen from the Balance Sheet) is negative, only the Banking reference(s) will be considered, otherwise the
aggregate of the Net Working Capital and submitted Banking reference(s) will be considered for working out the Liquidity.
In case the Bidder is a JV / Consortium and if Banking Reference is issued by the bank in favour of the JV / Consortium for this Contract, then it will be considered for the
Bidder and if the Banking reference(s) is issued in favour of any member of JV / Consortium it will be considered only for that member. In Case of JV / Consortium:
Requirement of working capital is to be distributed between members as per their percentage participation and every member should satisfy the requirement for his
portion.
Example: Let member-1 has percentage participation = M and member-2 has percentage participation = N. If minimum working capital required is ‘W’ then working capital
of member- 1 >= (WM)/100 and working capital of member- 2 >= (WN)/100
i-a. Bid Capacity Evaluation of Bid Capacity. The Bidders will be Must meet Must meet N/A N/A Form FIN-3.4 & 3.5
qualified only if their available bid capacity is requirement requirement
more than the approximate cost of work as per
MAHA-METRO assessment. 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 reckoned up to 31st March
2018
N = Number of years prescribed for completion
of the present work

B = Value of existing commitments as on first

day of the month of this Bid submission i.e. for
on-going construction works during next 130
weeks. Proportionate value will be taken if it
falls during the financial year.
Note:
1. The available bid capacity should be more
than INR 3350 Million.
2. A certificate issued from a chartered
accountant certifying A and B value must be
enclosed with the Technical bid
(ii) The Bidder shall also demonstrate, to the Must meet Must meet N/A N/A Form FIN – 3.4
satisfaction of the Employer, that it has requirement requirement
adequate sources of finance to meet the cash
flow requirements on works currently in
progress and for future contract commitments.
iii) The audited balance sheets for the last 5 Must meet N/A Must meet N/A Form FIN – 3.1 & 3.1A,
(five) years (FY 2013-14, 14-15, 15-16 ,16-17 requirement requirement with attachments
and 17-18) shall be submitted and must
demonstrate the current soundness of the
Applicant’s financial position and indicate its
prospective long-term profitability.
The Bidder should be a Profit (Net) making firm
and should have made profit during any two of
the last 5 financial years i.e. (FY 2013-14, 14-
15, 15-16 ,16-17 and 17-18)
(ii-b) Net Worth Net worth of Bidder ending 31.03.18 should be Must meet N/A N/A Must meet Form FIN – 3.1
minimum INR 335 Million. requirement requirement
In case of JV, Net worth will be evaluated only (for Lead
for the lead member. Member
only)

3.2 Average Annual Minimum average annual construction turnover Must meet Must meet Must meet Must meet Form FIN – 3.2
Construction of INR 2680 Million (or USD equivalent) requirement requirement minimum at least
Turnover equivalent calculated as total certified [twenty] per [forty] per
payments received for contracts in progress cent [20%] of cent [40%]
and/or completed within the last 5 (five) years the of the
Note: requirement requirement
1. Last five years shall be 2013-14 to 2017-18. (For Lead
In case of Companies, which follows Member)
Financial Year as Calendar Year (January to and atleast
December), data for 2015 shall be treated [twenty]
equivalent to the data of FY 2015-16 and so percent
on. [20%] of the
requirement
(For other
member)
3.3 CDR The bidder having undergone Corporate Debt Must Submit N/A Must Submit N/A
Restructuring (CDR) in last five years must
submit their banker’s certificate stating that
their account with the bank is “standard
account” as on base date i.e. 28 days before
submission of bid.
In case the bidder has not undergone CDR then

he must submit an undertaking to the effect.
4.0 Experience
4.1 General Experience under construction contracts in the Must meet Must meet Each member Lead member Form EXP – 4.1
Construction role of prime contractor, JV member, for at requirement requirement must meet must meet
Experience least the last 10 (Ten) years ending on the last the requirement
date (or extended last date) of submission of requirement of at least 10
bid, whichever is later. for at least 5 (Ten) years of
(five) years experience
under
construction
contracts
4.2 (a) Specific A minimum of similar contracts specified below Form EXP 4.2(a)
Construction & that have been satisfactorily completed as a
Contract prime contractor, joint venture member during
Management last 10 (Ten) years i.e., up till the last date (or
Experience extended last date) of submission of bid,
whichever is later.

i) Construction of Metro Depots:

Must meet Must meet Must meet Lead
(a) Should have received at least Rs.2680 requirement requirement requirement member
Million in one single contract comprising of at of at least must meet
least one Depot for Metro Rail which should one contract. requireme
have been substantially completed civil nt
construction works. Must meet
OR Must meet Must meet requirement
(b) Should have received at least Rs.3350 requirement requirement of at least Lead
Million from two contracts combined one contract. Member
comprising of Depot for Metro Rail which must meet
should have been substantially completed civil Must meet metro depot
construction works. requirement construction
OR Must meet Must meet of at least work
(c) Should have received at least Rs.4020 requirement requirement one contract. criteria
Million from three contracts combined
comprising of Depot for Metro Rail which Lead
should have been substantially completed civil Member
construction works. must meet
Note: metro depot
1. The experience of construction of Depot for construction
High Speed Rail, Tramway, Sub-Urban rail work criteria
stations shall not be considered as similar
work.
2. Substantially completed works for Depot for
Metro Rail means the Depot civil works, E&M
works, finishing, etc. must have been
completed at least 80%. Client certificate
should clearly mention extent of completion.
3. (Value updated to base date price level
assuming 2% and 5% inflation per year
compounded annually for foreign and Indian
Contracts/Currencies respectively)
4. For projects executed outside India, all
Completion Certificates or Performance
Certificates or Implementation Completion
Reports shall be translated to unambiguous
English language and bidders from member
countries of Hague convention may submit all
these documents with apostille stamp.
Failure to comply with this requirement will

result in disqualification of the submitted

bid.
4. 2 For Contractors The bidder will qualify for this bid only if, the Must meet Must meet Must meet Must meet
(b) who have already value of outstanding work/ incomplete work requirement requirement requirement requirement
been awarded two is less than 50% of the value of (awarded
or more contracts + Bid Capacity requirement
construction mentioned in this bid)
contracts in Pune
Metro Rail Project
as on the date of
bid submission
5. Environmental, Social, Health and Safety (ESHS)

5.1 Quality & 1. The Bidder must have valid Environmental Must meet N/A N/A Lead Form PER-2 (for CV of
Qualification Management Certificate ISO:140001 or requirement member EHS Personnel)
Criteria equivalent. must meet
2. The Bidder must have valid Quality requirement
Management Certificate ISO:9001/DNV/TUV/
JAS-ANZ/ equivalent.
3. The Bidder must have valid Health and Safety
Certificate OHSAS:18001.
The bidder must agree to deploy at least two key

personnel having Environment expertise of
minimum ten years in sites management
measure and the second one in social works with
min.10 years experience.
Special Notes: -
1. Full (100%) experience for previous works of the JV shall be considered, if the claiming member of the JV has at least 65% share in previous
consortium/ JV for the relevant referred Work Experience, else proportionate quantum of experience of previous works up to the percentage share
of participation in the previous JV shall be considered. However, if any member has less than 20% share in previous JV/consortium, his experience
shall not be considered for evaluation.
2. The JV/Consortium member having past experience which includes metro rail depot construction should be the Lead Member in proposed
JV/Consortium and should have a share of more than 40% in the JV/Consortium.
3. Existing JV/Consortium already worked/working in other metro rail project & meeting the eligibility criteria, mentioned in Bid Document, can bid
as a same JV. For such case work experience criteria of Single Entity shall be applicable.
4. Satisfactorily completed as mentioned in 4.2(a) above shall mean bidder as a single entity or as JV/Consortium already working for Depot construction

in any other Metro Rail Project and who have completed 80% (CIVIL+MEP) of the awarded work (Financially), which should be explicitly mentioned
in the Employer’s certificate, shall be considered as satisfactorily completed work against the eligibility condition of this proposed tender. Client
certification is must in this regard. MAHA-METRO reserve the right to get such certificate validated from the Employer.
5. Client’s/Employer’s certificate certifying Specific Construction & Contract Management Experience as specified in 4.2(A) above should be submitted
compulsorily by the bidder failing which the bid submitted by bidder will be treated as non-responsive and shall not be evaluated further. Such
Client/Employer certificate should be in the letter head of Client/ Employer mentioning the date of issue, contact address, email id and name of
the official issuing the said certificate.
6. Successful contract shall apply along with the credential of E&M sub-contract and obtain approval of MAHA-METRO for E&M sub-contract.
7. No MoU with E&M sub-contract required at the time of bidding.
8. Minimum Eligibility Criteria of Electrical and Mechanical Sub-Contractor are as under (Annexure-III-A)

Annexure-III-A
The tenderer or proposed sub-contractor as mentioned in the tender bid document will be qualified
only if they have completed E&M works like Fire Detection / Alarm / Suppression Systems, Electrical
Distribution, Lighting (low voltage), HVAC and Plumbing works during last 7 years as on date of
tender submission as given below :-
i. At least one “similar work” ** of value of INR 60.00 Cr or more
OR
ii. Two “similar works” ** each of value of INR 40.00 Cr or more.
OR
iii. Three “similar works” **each of value of INR 32.00 Cr or more
** “Similar Works” for this contract shall be the work of “Supply, Installation, Testing and
Commissioning of E&M works of Metro Rail Depot/Railway Yard establishment. Such E&M work can as
well be part of a larger contract. E&M works shall be defined as work containing Electrification, Fire
suppression and Detection and HVAC components, out of which electrification component shall be
not less than 60% of the E&M works.
AND
In case the work(s) listed under A(i),(ii) or (iii) do not include at least one work with HVAC component
of minimum value of Rs.10.00 Cr, then the tenderer should have executed any other work containing
Supply, Installation, Testing and Commission of HVAC work component of Large Complex/Metro
Station/Mass Rapid Transit System/Commercial Buildings/Official Buildings/Railway Stations/Airport
/Hospital buildings/Industrial establishment of value Rs.10.00 crores or more.
AND
In case the work(s) listed under A(i),(ii) or (iii) do not include at least one work with Fire and
Hydraulics System component of minimum value of Rs.5.00 Cr, then the tenderer should have
executed any other work containing Supply, Installation, Testing and Commission of Fire and
Hydraulics System of Large Complex/Metro Station/Mass Rapid Transit System/Commercial Buildings/
Official Buildings/Railway Stations/Airport /Hospital buildings/Industrial establishment of value
Rs.5.00 crores or more.
Note: - 1.Bidders are not required to enclose any credentials of Sub-contractor at the time of submission of
bid.
2. Successful bidder shall submit the credentials of Sub-Contractor after award of work for approval
of MAHA-METRO, subjected to fulfilling the eligibility criteria as stated above.

6. Personnel
The Bidder must demonstrate that it has the personnel for the key positions that meet the following requirements:-
Minimum In Similar Works Experience (years)

No. Position Qualification Nos to be
Deployed
1 Chief Project Manager Graduate in Civil Engg. 1 Minimum total experience of 20 years out of which, minimum 05
(Team Leader) years as In- charge of similar works
2 Project Manager Graduate in Civil Engg. -2 nos. 4 Minimum total experience of 15 years for degree, minimum 03
Graduate in Mech Engg. – 1 nos. years as In- charge of similar works
Graduate in Elect Engg. – 1 nos.
3 Dy. Project Manager Graduate/Diploma in Civil Engg. -2 4 Minimum 10 years for Degree & 12 years for Diploma, out of which
nos. minimum 2 years in similar work.
Graduate/Diploma in Mech Engg. – 1
nos.
4 Quality Assurance Graduate/Diploma in Elect
Graduate in Civil Engg. Engg in1
/ Diploma 2 Minimum total experience of 10 years out of which minimum 05
(QA)- Engineer Quality Assurance – 1 No. yrs. in QA (field} & at least one year as In-Charge.
Graduate in Electrical / Mech. Engg.

/ Diploma in Quality Assurance – 1 No.
5 Design Engineer/ Graduate/Diploma in concerned 2 Total minimum experience of 08 years out of which minimum 03
Structural Engineer/ Disciplines years of experience in relevant field.
Geo-technical Engineer
6 Planning Engineer Graduate/Diploma in Civil Engg. With 1 Total Minimum experience of 10 years out of which minimum 3
knowledge in MS project/Primavera years in Planning of projects.
software
7 Safety Manager As per SHE Manual 2 As per SHE Manual
8 Civil Engineer Graduate/Diploma in Civil Engineering 8 Minimum 5 years for Degree & 8 years for Diploma.

9 Electrical engineer Graduate/Diploma in Electrical Engg. 4 Minimum 5 years for Degree & 8 years for Diploma.
10 Mechanical Engineer Graduate/Diploma in Mechanical Engg. 2 Minimum 5 years for Degree & 8 years for Diploma.
11 Experts on Graduate in Environmental Sciences 1 Should have minimum 10 years of experience out of which
Environmental, Social, and Graduate in Sociology. minimum 5 Years of Experience in similar Metro Rail / Highway /
Health & Safety Airport development projects.
12 BIM Engineer Graduate in Civil Engg. / Diploma in 1 Minimum experience of 5 years and should be expert in AutoCAD
Civil Engg. & project management software. Preferably 5D BIM specialized.
The above requirements are minimum and the contractors should be capable to deploy additional technical work force if required as per site condition.
The Bidder shall provide details of the proposed personnel and their experience records using Forms PER-1 and PER-2 included in Section IV, Bidding Forms.
7. Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:
Minimum Max permissible age in years

No. Equipment Type and Characteristics Number
required
1 Piling equipment hydraulic rig 1 5
2 Fully automatic and computerized batching plant (2 nos. of 60 cum/hr. atleast 10
30 cum) minimum or equivalent capacity in different in 2 numbers
configuration with an RO of suitable capacity for proper
quality of water
3 Concrete pumps 4 10
4 Boom placers 2 10

5 Cranes/road cranes of suitable capacity for launching 4 15 (Mobile crawler cranes); 10 (tyre mounted hydraulic
/erection of Boundary wall panels, PEB Structures, Girders crane)
etc.
6 Vibratory roller 2 10
7 Motor Grader 2 10
8 Water Tanker 6 5
9 Hydraulic Excavator 6 5
10 Tipper / Dumper 16 5
11 Transit mixers 8 5
12 Lab testing equipment – fully equipped for site tests As per requirement --
The Bidder shall provide further details of proposed items of equipment using Form EQU in Section IV, Bidding Forms.
Note :
(a) At the time of bidding contractor must demonstrate the possession of these plants& equipment and capable to mobilized within short notice without
wasting prime working time.
(b) In case contractor opts for short line method for casting, the no. of pre-Casting beds would increase accordingly.
(c) These resources are for peak period of each activity. All plants and equipment need 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.

Section-IV: Bidding Form

BIDDING DOCUMENTS
FOR

TENDER NO.
P1C-07/2018

Section-IV : Bidding Forms

Telephone: 020-26051072
Maha-Metro JULY-18 Part-1 | Section-IV : Page 1
61

Table of Forms
S.No Description
1. Letter of Bid
1A Pro-Forma Letter of Participation from Each Partner of Joint Venture (JV)
2. Appendix to Bid
2.1 Schedule of Adjustment Data (deleted)
2.2 Statement of Integrity, Eligibility and Social and Environmental Responsibility
3. Schedule
4. Technical Proposal
4.1 Staffing Schedule and Site Organization
4.2 Method Statement
4.3 Works Programme and Design Submission Programme
4.4 Bidder’s Technical Submissions
4.5 Form EQU : Equipment
4.6 Personnel (PER-1 and PER-2)
4.7 Outline Quality Plan
4.8 Outline Safety Assurance
4.9 Outline Safety, Health and Environment Plan
4.10 Outline Project Management Plan
4.11 Structure of the Bidder
4.12 Statement of Deviations
5. Bidders Qualification without prequalification
5.1 Form ELI – 1.1
5.2 Form ELI – 1.2
5.3 Form CON – 2
5.4 Form FIN – 3.1
5.5 Form FIN – 3.2
5.6 Form FIN – 3.3
5.7 Form FIN – 3.4
5.8 Form EXP – 4.1
5.90 Form EXP – 4.2(a)
5.10 Form EXP – 4.2(a)(Cont.)
5.11 Form EXP – 4.2(b) (Deleted)
6. Form of Bid Security
6A. Form for Additional Bank Guarantee by Bank
7. Form of Bid-Securing Declaration (DELETED)
8. Form of Joint Bidding Agreement
9. Form of Legal Capacity / Power of Attorney
10. Bid Index
11. Form for Seeking clarification on Bidding Documents
12. Not Used
13. Letter of Undertaking Regarding Confidentiality of Bid Information
14. Undertaking for Downloaded Bidding Documents
15. Sample Format for Banking Reference for Liquidity
16. Form of Certificate confirming submission of all documents of Financial Package in the Technical Package with
prices left blank
17. Form of Certificate confirming downloading of all Bidding Documents, Corrigendum and Addenda
18. Form of Declaration for non-engagement of any agent, middleman or intermediary
19. Form of certificate confirming careful examination of all the contents of Bidding Documents and signing of all
pages of Bidder’s proposal
20. Undertaking for ensuring supply of critical spares and availability of technical support
21. Undertaking for passing on benefits of exemptions to MAHA-METRO and for adjustment of amounts due from
balance due
22. Undertaking for obtaining registrations under various fiscal and labour laws
23. Declaration of undertaking
24. Covenant of Integrity
25. Annexure-I
• Form CER Quality Management / Environmental, Social, Health and Safety (ESHS) Certification
62
1. Letter of Bid
[The Bidder shall prepare his Letter of Bid on a Letterhead paper specifying his name and address]
Date:
NCB No.:
Invitation for Bid No.:
Alternative No.: ___________________
To: _______________________________________________________________________
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including Addenda issued in
accordance with Instructions to Bidders (ITB 8) ;
(b) We have no conflict of interest in accordance with ITB 4;
(c) We have not been suspended nor declared ineligible by the Employer in absence of a Bid Security in
the Employer’s country in accordance with ITB 4.4.
(d) We offer to execute in conformity with the Bidding Documents the following Works:
;
(e) The total price of our Bid for the work has been submitted by us only in the commercial section/option
in the Schedules A, B, C & D besides summary sheet provided in the E-Tender portal of MAHA-METRO
and nowhere else.
(f) Deleted
(g) Our bid shall be valid for a period of 120 days from the date fixed for the bid submission deadline in
accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at
any time before the expiration of that period;
(h) If our bid is accepted, we commit to obtain a performance security in accordance with ITB 42 of the
Bidding Documents;
(i) We are not participating, as a Bidder, in more than one bid in this bidding process in accordance with
ITB 4.2(e),
(j) We have paid, or will pay the following commissions, gratuities, or fees with respect to the bidding
process or execution of the Contract:
Name of Recipient Address Reason Amount
[If none has been paid or is to be paid, indicate “none.”]
(k) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed; and
(l) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you
may receive.
63
(m) We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf
will engage in any type of fraud and corruption.
Name of the Bidder*
Name of the person duly authorized to sign the Bid on behalf of the Bidder**
Title of the person signing the Bid
Signature of the person named above
Date signed ________________________________ day of _______________________, _____
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the
Bid
64
1A. Pro-Forma Letter of Participation from Each Partner of Joint Venture (JV)
(On each Firm's Letter Head)

No…. Dated ………..
From:
……………………..
………………..
To,
THE MANAGING DIRECTOR,
MAHARASHTRA METRO RAIL CORPORATION LTD.,
1st Floor, The Orion, 5,
Koregaon Road, Pune- 411001
Sir,
Regarding:
CONSTRUCTION OF 2 Nos. ROLLING STOCK DEPOTS AT RANGE HILL & VANAZ INCLUDING CIVIL AND
E&M WORKS FOR PUNE METRO RAIL PROJECT
Ref: Your notice for Invitation for Bid (IFB) ………………………………..……………..
We wish to confirm that our company/firm (delete as appropriate) has formed a Joint Venture with and
for the purposes associated with IFB referred to above.
(Member(s) who are not the lead partner of the JV/consortium should add the following paragraph)*
‘This JV is led by ……. whom we hereby authorize to act on our behalf for the purpose of submission of
Bid for …….. and authorize to incur liabilities and receive instructions for an on behalf of any and all the
partners or constituents of the Joint Venture.’
OR
(Member being the lead member of the group should add the following paragraph)*
‘In this group we act as leader and, for the purposes of applying for qualification, represent the Joint
Venture.’
In the event of our group being awarded the contract, we agree to be jointly with……… (Names of other
members of our JV)……… and severally liable to the MAHA-METRO, its successors and assigns for all
obligations, duties and responsibilities arising from or imposed by the contract subsequently entered into
between MAHA-METRO and our JV.
*I/We, further agree that entire execution of the contract shall be carried out exclusively through the lead
partner.
Yours faithfully,
(Signature)
(Name of Signatory)………………….
(Capacity of Signatory)…………………
Seal
* Delete as applicable
65
2. Appendix to Bid
2.1 Schedule of Adjustment Data

(Deleted)
66
2.2 Statement of Integrity, Eligibility and Social and Environmental Responsibility
THIS FORM IS DELETED

Reference name of the Bid: ("Name of the work”)
(“contract number")
To: ("Contracting Authority")
1. We hereby certify that neither we nor any of our subcontractors are in any of the following
situations :-
1.1) being bankrupt, wound up or ceasing our activities, having our activities administered by the
courts, having entered into receivership, reorganisation or being in any analogous situation
arising from any similar procedure;
1.2) having been convicted, within the past five years by decision of a court decision, which has
the force of res judicata in the country where the project is implemented, of one of the acts
mentioned in sections 6.1 to 6.4 below or of any other offense committed during the
procurement or performance of a contract 1;
1.3) being listed for financial sanctions by the United Nations and/or the European Union for the
purposes of fight-against-terrorist financing or threat to international peace and security;
1.4) having committed serious professional misconduct within the past five years during the
procurement or performance of a contract;
1.5) not having fulfilled our obligations regarding the payment of social security contributions or
taxes in accordance with the legal provisions of either the country where we are established
or the Contracting Authority's country;
1.6) having been convicted, within the past five years by a court decision, which has the force of
res judicata, of one of the acts mentioned in sections 6.1 to 6.4 below or of any other offense
committed during the procurement or performance;
1.7) being subject to an exclusion decision of the World Bank and being listed on the website
http://www.worldbank.org/debarr 2;
1.8) having committed misrepresentation in documentation requested by the Beneficiary as part
of the contract procurement procedure.
2. We hereby certify that neither we, nor any of our subcontractors are in any of the following
situations of conflict of interest:
2.1) being an affiliate controlled by the Contracting Authority or a shareholder controlling the
Contracting Authority, unless the stemming conflict of interest has been brought to the
attention of Maha-Metro and resolved to its satisfaction;
2.2) having a business or family relationship with a Contracting Authority’s staff involved in the
selection procedure or the supervision of the resulting contract, unless the stemming conflict
of interest has been brought to the attention of Maha-Metro and resolved to its satisfaction;
2.3) being controlled by or controlling another bidder or being under common control with
another bidder, or receiving from or granting subsidies directly or indirectly to another
bidder, having the same legal representative as another bidder, maintaining direct or
indirect contacts with another bidder which allows us to have or give access to information
contained in the respective bids, influencing them or influencing decisions of the Contracting
Authority;
2.4) being engaged in a consultancy activity, which, by its nature, may be in conflict with the
assignments that we would carry out for the Contracting Authority;
3. We undertake to bring to the attention of the Contracting Authority, any change in situation with
regard to points mentioned above.
4. In the context of procurement and performance of the contract:
4.1) We have not and we will not engage in any dishonest conduct (act or omission) deliberately
indented to deceive others, to intentionally conceal items, to violate or vitiate someone's
1
In the event of such conviction, you may attach to this Statement of Integrity supporting information showing that this
conviction is not relevant in the context of this contract.
2
In the event of such exclusion, you may attach to this Statement of Integrity supporting information showing that this
exclusion is not relevant in the context of this contract.
67
consent, to make them circumvent legal or regulatory requirements and/or to violate their
internal rules in order to obtain illegitimate profit.
4.2) We have not and we will not engage in any dishonest conduct (act or omission) contrary to
our legal or regulatory obligations or our internal rules in order to obtain illegitimate profit.
4.3) We have not promised, offered or given and we will not promise, offer or give, directly or
indirectly to (i) any person who holds a legislative, executive, administrative or judicial
mandate within the State of the Contracting Authority regardless of whether that person
was nominated or elected, regardless of the permanent or temporary, paid or unpaid nature
of the position and regardless of the hierarchical level the person occupies, (ii) any other
person who performs a public function, including for a State institution or a State-owned
company, or who provides a public service, or (iii) any other person defined as a public
officer by the national laws of the Contracting Authority, an undue advantage of any kind,
for himself or for another person or entity, for such public officer to act or refrain from
acting in his official capacity.
4.4) We have not promised, offered or given and we will not promise, offer or give, directly or
indirectly to any private person who occupies an executive position in a private sector entity
or works for such an entity, regardless of the nature of his/her capacity, any undue
advantage of any kind, for himself or another person or entity for such private person to
perform or refrain from performing any act in breach of its legal, contractual or professional
obligations.
4.5) We have not and we will not engage in any practice likely to influence the contract award
process to the detriment of the Contracting Authority and in particular, in any anti-
competitive practice having for object or for effect to prevent, restrict or distort
competition, namely by limiting access to the market or the free exercise of competition by
other undertakings.
4.6) Neither we nor any of our subcontractors shall acquire or supply any equipment nor operate
in any sectors under an embargo of the United Nations or the European Union.
4.7) We commit ourselves to comply with and ensure that all of our subcontractors comply with
international environmental and labour standards, consistent with laws and regulations
applicable in the country of implementation of the contract, including the fundamental
conventions of the International Labour Organisation (ILO) and international environmental
treaties. Moreover, we shall implement environmental and social risks mitigation measures
such as specified in the environmental and social management plan or, if appropriate, in the
environmental and social impact assessment notice provided by the Contracting Authority.
5. We, as well as our subcontractors authorise any third party or proof checking agency/Engineers
designated by Maha-Metro to inspect accounts, records and other documents relating to the
procurement and performance of the Contract and to have them audited by auditors appointed by
Maha-Metro.
6. We hereby undertake to declare through the attached undertaking that we have not undergone
CDR in last five years and if we have, then our account is a standard account as on the date of
bid submission and the bank certificate is attached to this effect. We are also aware that our bid
is liable for rejection, in absence of either the bank certificate or the undertaking
Name: ____________________ in the capacity of _____________________

Signature: ______________________________
Duly empowered to sign the bid in the name and on behalf of 3____________________
3
In case of joint venture, insert the name of the joint venture. The person who will sign the bid on behalf of the bidder
shall attach a power of attorney from the bidder.
68
3. Schedules
Refer to Pricing Document
69
4. Technical Proposal
- 4.1 Staffing Schedule and Site Organization

- 4.2 Method Statement
- 4.3 Works Programme and Design Submission Programme
- 4.4 Bidder’s Technical Submissions
- 4.5 Equipment - Form EQU
- 4.6 Personnel – Forms PER-1 and PER-2
- 4.7 Outline Quality Plan
- 4.8 Outline Safety Assurance Plan
- 4.9 Outline Project Management Plan
- 4.10 Outline Project Management Plan
- 4.11 Structure of the Bidder
- 4.12 Statement of Deviations
70
4.1 Staffing Schedule and Site Organization
The Bidder shall provide with the Bid a complete Schedule and Organization chart as required by BDS ITB
11.3.1.14.
(1) The name, background and professional experience of each key staff member to be assigned to this
project, with particular reference to his experience of a nature similar to that of the proposed
assignment.
(2) An organization chart with assignment of each key staff member (identified by name), duration &
timing together with clear description of the responsibilities of each key staff member within the
overall work programme.
(3) The Bidder to propose his design organization in detail and outline his manufacturing/testing
organization. Also, the Bidders shall provide the necessary details on their staff for the project
design phase. For the later phases, staff needs to be proposed for key positions.
We hereby confirm to deploy the minimum manpower as per “5. Personnel” under Section III
Qualification Criteria and Requirements with prescribe qualifications and experiences as detailed.
We also confirm to deploy manpower required for safety as per SHE Manual (Part-3, Section –XI) attached
with the Bidding Documents.
SIGNATURE OF AUTHORIZED SIGNATORY ON BEHALF OF TENDERER
Note: - The Bidder shall provide a complete Staffing Schedule and Organization Chart he proposes for the
work, which has to satisfy the requirement above.
71
4.2 Method Statement
Each Bidder shall set out details of the Method Statement for the Works to demonstrate how it will meet
the Employer’s objective and requirements. As a minimum, the Method Statement shall address the
following:
(a) Details of the arrangements and methods which the Bidder proposes to implement for the
construction of the Works, in sufficient detail to demonstrate their adequacy to achieve the
requirements of the Contract including completion within the Time for Completion stated in the
Particular Conditions of Contract.
(b) Outline of the arrangements of the Bidder to manage coordination of Site access.
(c) Comments on the geotechnical and subsurface aspects of the Works including materials, material
sources and any constraints.
(d) [Comments on any offshore or waterfront aspects of the Works.]; e.g. schedule of components to be
manufactured off-shore and description of plants to be imported etc.
(e) Comments on logistics and traffic management [as may be appropriate].
(f) Outline of the arrangements and organisation of the Bidder to ensure compliance with the Works
Requirements.
(g) Outline of the arrangements of the Bidder to carry out testing upon completion as specified in the
Works Requirements.
(h) [Insert other information, as may be appropriate.]
72
4.3 Works Programme and Design Submission Programme

Requirements for proposed Works Programme and Design Submission Programme
1. The Bidder shall submit a Work Plan as a part of the Bid which shall contain the following:
a. Proposed Works Programme.
b. Proposed Design Submission Programme.
2. The Bidder’s proposed Works Programme shall indicate how the Bidder intends to organize and carry out
the Works & achieve Stages and complete the whole of the Works by the appropriate Key Dates. The Works
Programme shall be prepared in terms of weeks from the Commencement Date of Works.
3. The Bidder’s Design Submission Programme shall cover the Design phase and include a schedule
identifying, describing, cross-referencing and explaining the Design Packages and submissions, which it
intends to submit.
4. The Design Submission Programme should take due account of the design coordination interface periods
with other Designated Contractors and be consistent with the Works Programme.
5. The Works Programme and Design Submission Programme shall include details as stipulated in Chapter 4
and 5 of the Employer’s Requirements–General Specification, for review by the Engineer.
6. The proposed Works Programme shall show how the Bidder proposes to organize and carry out the Works
and to achieve Stages and complete the whole of the Works by the given Key Dates.
7. The proposed Works Programme or Programmes shall be developed as a critical path network using the
Precedence Diagramming Method and be presented in bar chart and time scaled logic network format and
shall clearly show the division of the Works into the Cost Centres, the start and completion dates for each
activity and their inter-relationships, Milestones, and Key Dates. The despatch, transport, receipt,
assembly, testing and commissioning of cars in the depot and integrated testing and commissioning of cars
on the sections will be separately shown. The network must be fully resourced and show the co-ordination
with Designated Contractors.
8. The proposed Works Programme shall show achievement of all Key Dates. The proposed Works Programme
shall also show Milestones, but the Milestones shall not be taken as imposing any constraints that in any
way affect the logic or limit any other dates in the Programme.
9. The proposed Works Programme shall take account of the Bidder’s proposed Design Submission Programme
and should indicate, wherever possible, dates and periods relating to interfaces with and between others
including dates for submission of further documents required by the Contract and periods for their
acceptance.
10. The proposed Works Programme shall contain sufficient detail to assure the Employer of the feasibility of
the plan and approach proposed by the Bidder.
11. The Bidder should have regard to the possibility, as referred to in BDS ITB 11.3.1.15 of the Instructions to
Bidders that during the Bid evaluation period, should Maha-Metro require in writing for the Bidder to
amplify / explain for clarification purposes, the proposed Works Programme may be developed into a
Programme which, in the event of award of the Contract, would be the submission of the Preliminary
Works Programme. To facilitate this process the Bidder shall, in the preparation of the proposed Works
Programme, take due account of the provisions of Employer's Requirements in so far as they concern the
Works Programme.
12. The proposed Works Programme shall be accompanied by a narrative statement that shall describe
Programme activities, assumptions and logic, and highlight the Bidder’s perception of the major
constraints and critical areas of concern in the organization, design, manufacture, supply, transport
testing and commissioning of rolling stock on various sections. This narrative statement shall also indicate
which elements of the Works the Bidder intends to carry out offshore and/or in India with details of the
proposed locations of where any such work is to be carried out, the facilities available and or proposed to
be set up. In particular the Bidder must state the assumptions made in respect of the interfaces with the
Employer, other contractors and third parties both in detail and time, and any requirements for
information on matters which would affect his works.
13. The Bidder’s attention is drawn to the Key dates specified in Section IX. Particular Conditions Part A –
Contract Data ‘Table: Summary of Sections’. The Bidder shall prepare logic diagrams providing the
philosophy for interface with other designated contractors & availability of track, electrification and
signalling system to be available and submitted as part of its Bid. These logic diagrams shall be developed
and submitted along with the Works Programmes as submitted during the course of the Works.
14. All programmes shall include design, procurement periods of major materials, off-shore production,
production in India, despatch, transport, interface periods for system wide & adjacent contractors, testing
and commissioning (including integrated testing & commissioning) along with any other training and
service trial running information.
73
4.4 Bidder’s Technical Submissions

Requirements for Bidder’s Technical Proposals
1. The Bidder’s attention is drawn to the List of Definitions and List of Abbreviations in the Works
Requirements and the General Conditions of Contract in which terms are defined.
2. The Bidder’s Technical Submissions shall comply or, subject to reasonable development, be capable of
complying with the Works Requirements in all respects. The Bidder’s Technical Submissions shall
demonstrate such compliance. The Bidder’s Technical Submissions shall establish firmly the intended
design and methodology, and, in accordance with Para XX herein, the Specifications for the Permanent
Works.
3. The following paragraphs list the minimum documentation that shall be supplied by the Bidder to enable
technical evaluation of the Bid. The Bidder shall include any further information necessary to
demonstrate the suitability of his proposal.
4. The Bidder’s Technical Proposals shall cover the following:
4.1 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;
4.2 alignment of roadways, railways and river basins/river beds, location and geometry of structures
& main features thereof, clearances, principal dimensions, principal movements and, deflections;
4.3 testing and investigations undertaken, or to be undertaken;
4.4 earthworks, slopes, protective measures and ground drainage;
4.5 foundations, main substructure and superstructure elements;
4.6 Viaducts including all structural components, methods of jointing and, waterproofing, drainage
and corrosion protection;
4.7 Details of method proposed for piling (sub-structure/foundation works), superstructure works etc.
4.8 Structural and construction arrangements at interfaces with adjacent contracts;
4.9 Traffic management plan showing temporary traffic and road diversions wherever required.
4.10 initial settlement assessment, effect on adjacent structures including utilities and proposed
protection works, if any, including instrumentation and monitoring, if required;
4.11 Approach to co-ordination with other Project contractors. Bidder shall elaborate the organization
and system giving frequency of meetings or any other system / approach which has to be adopted.
4.12 construction and erection methods, including proposals for ensuring that disruption to road and
pedestrian traffic is minimized;
4.13 Launching girder in sufficient detail to enable review and consent by the Engineer.
4.14 Since there are various launching systems available for erection/launching of girders, depending
on local conditions, the tenderer should bring out the launching system (s) he proposes to adopt
indicating the stretches where the tenderer intends using the same.
4.15 Protective coatings and systems, finishes.
4.16 Reinstatement works
5. The Contractor's Technical Proposals shall include the following documents :-
5.1 Drawings
Drawings shall illustrate, where appropriate, aspects of the Works identified in Para 4 above,
including layouts, appearance, main structural features, general arrangements, plans, elevations,
principal sections and typical details of critical areas. In particular the drawings shall indicate the
proposed arrangements at the interface with adjacent Contractors. A Conceptual drawing must be
added showing the section of Segmental Girder integrated with the parapet, shape, top width of
Girder, center of tracks thereon, cable ducts, incorporating power cables fixing arrangements,
etc. The top deck width/trough width of the girder should be as per the tender drawings.
5.2 Specifications
5.2.1 The Specifications shall comprise two parts, the Design Specifications and the Construction
Specifications. Each part shall consist of the Outline Specification, which shall be identical to those
contained in the Bid Documents and a Particular Specification. The Particular Specification shall
draw attention to any part or parts of the Outline Specification which the Contractor intends to
amend or omit and shall contain further material such that the design of the Permanent Works is
fully specified, and the construction of the Permanent Works is specified at least in outline at this
stage.
5.2.2 In producing the Particular Specifications the Bidder shall ensure that clauses, paragraphs and any
appendices therein are identified by their numbering as uniquely belonging to the Particular
Specifications, and shall not in any event amend or change the numbering in the Outline
Specifications.
74
5.2.3 The Bidder should note that the Specifications submitted with the Bid as part of the Contractor's
Technical Proposals will, prior to acceptance of Bid, be merged and consolidated into a single
document for incorporation into the Contract.
5.2.4 The Bidder should note that the Particular Specifications form a crucial part of the Contractor's
Technical Proposals, and shall be prepared in sufficient detail to demonstrate full compliance with
the Employer's Requirements. The quality of the Particular Specifications will be paramount in
evaluating technical compliance of Tenders.
5.3 Statement of Compliance
A joint statement from the Bidder and the proposed Designers is required to be furnished to the
effect that the Contractor's Technical Proposals comply with the Employer's Requirements and can
be developed to become the Definitive Design of the Permanent Works without significant change
other than amplification.
5.4 Statement of Maintainability
The Bidder shall state the maintenance objectives and the anticipated operational life associated
with the principal elements and components of the Permanent Works and in particular how these
apply in the selection and use of proposed materials. The Bidder shall demonstrate a reasonable
balance between construction costs and maintenance costs and the effect of its proposals on the
lifetime costs of the Permanent Works. The Bidder shall include in this statement a schedule of
the main maintenance operations, including intervals between such operations, for all aspects of
the required construction and of main spares and stores required and their rates of use.
6. The Bid shall be accompanied by documents in amplification of the Contractor's Technical
Proposals, which shall include:
6.1 Technical Notes
Such technical notes or notes on calculations necessary for understanding and explaining the
Contractor's Technical Proposals.
6.2 Site investigation Proposals
Results of any site investigations undertaken by the Bidder and proposals for site investigations to
be undertaken by the Contractor giving the nature of the investigations, locations and intended
purposes.
6.3 Testing Proposals
Results of any testing undertaken by the Bidder and proposals for other testing to be carried out
by the Contractor for design or associated purposes (not including control of quality of
construction, fabrication or manufacture), giving the nature of the testing, intended purposes,
and the location of the test facilities used or to be used.
6.4 Codes and Standards
A list of all codes of practice and standards to be used in the design shall be provided. Except for
those codes and standards available in Hindi, all other codes and standards shall be available in
certified English translation. The Bidder shall provide justification, in accordance with Design Basis
Report, for any codes or standards it proposes in its list as alternatives or additions to those
specified in the Employer's Requirements, Design Basis Report and Technical Specifications. The
Bidder will be required, during the Bidding process, to provide a certified English translation of
any codes or standards it proposes to use and which are not normally available in English.
6.5 Longitudinal profile of Viaduct.
The Bidder has to note that on the viaduct, the gradients adopted are generally restricted to about
2.5% and in exceptional cases may go up to 3 to 3.5%. The girder is laid in the gradient. Since the
bottom of the girder has to rest flat on the Bearings over the whole area (to ensure proper
transmission of load) and as the girder has to be laid on a gradient, "concrete down stands" at both
ends of the girder which will rest on the Bearings become necessary. Please note that the girder
proposed to be cast and erected must have down stand cast integral with the girder itself. The
Bidder in the Technical package shall clearly bring out the Methodology of construction/ casting
of structural elements/providing additional fixtures to ensure proper and full seating of the girder
on the Bearings. Necessary support of Codal provisions should also be cited, if it is going to be an
arrangement "other than the concrete down stands which are cast integrally". The Methodology
should be supported by conceptual drawings of the arrangements to be made and in consequence
specify the different stages of construction to be adopted like stage 1, stage 2 and so on. If the
Bidder fails to submit these details, the Bid is liable to be labeled as 'non-responsive' resulting in
consequent rejection of the Bid.
75
4.5 Form EQU: Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key equipment listed in Section III, Evaluation and Qualification Criteria. A separate
Form shall be prepared for each item of equipment listed, or for alternative equipment proposed by the
Bidder.
Item of equipment
Equipment Name of manufacturer Model and power rating

information
Capacity Year of manufacture
Current status Current location
Details of current commitments
Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured
Omit the following information for equipment owned by the Bidder.
Owner Name of owner

Address of owner
Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project
76
4.6 Personnel
Form PER-1: Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified requirements. The
data on their experience should be supplied using the Form below for each candidate.
1. Title of position*
Name
Name
Name
Name
**As listed in ‘4.1 Staffing Schedule and Site Organization’.
Form PER-2: Resume of Proposed Personnel
Name of Bidder
Position
Personnel Name Date of birth

information
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience over the last 20 years, in reverse chronological order. Indicate particular
technical and managerial experience relevant to the project.
From To Company / Project / Position / Relevant technical and management

experience
77
4.7 Outline Quality Plan
The Contractor shall establish and maintain a Quality Assurance System in design and 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 already
maintains.
The Bidder shall submit with the Bid their corporate quality policy document duly signed by managing
director/whole-time director/director/chief executive officer or any other officer duly authorized by its
board of directors (in case of company) /governing body (in case of any entity other than a company).
The Bidder shall submit as part of its Bid an Outline Quality Plan which shall contain sufficient information
to demonstrate clearly the Bidder’s proposals for achieving effective and efficient Quality Assurance
System. The Outline Quality Plan should include an outline of the procedures and regulations to be
developed and the mechanism by which they will be implemented for ensuring Quality as indicated in the
Works Requirements (Part 3).
The Bidder may be requested to amplify, explain or develop its Outline Quality Plan prior to the date of
acceptance of the Bid and to provide more detail with a view to reaching provisional acceptance of such
a plan.
78
4.8. Outline Safety Assurance Plan
The Bidder shall submit as part of its Bid an Outline System Safety Assurance Plan which shall contain
sufficient information to demonstrate clearly the Bidder’s proposals for achieving effective and efficient
safety procedures in the design, manufacture, transport, integrated testing and commissioning of Works.
The Outline System Safety Assurance 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
including Hazard Analysis, Fire Control, Electromagnetic compatibility / Electro-magnetic Interference
Control, reliability, availability and maintainability as given in this Bid.
The Bidder shall also include in the Outline Safety Plan sufficient information to demonstrate clearly the
Bidder’s proposal for the safety of the Works / Plant / Equipment and personnel at the site. On the basis
of this information, the Contractor shall develop a Detailed Site Safety Plan as given in this Bid.
The Outline System Safety Assurance Plan shall be headed with a formal statement of policy in relation to
safety and shall be sufficiently informative to define the Bidder’s safety plans and set out in summary an
adequate basis for the development of the Safety Plan to be submitted in accordance with the conditions
of this Bid.
The Bidder may be requested to amplify, explain or develop its Outline System Safety Assurance Plan prior
to the date of acceptance of the Bid and to provide more details with a view to reaching provisional
acceptance of such a Plan.
79
4.9. Outline Safety, Health and Environmental Plan
The Bidder shall submit as part of his Bid an Outline Safety, Health & Environment Plan which shall contain
sufficient information to demonstrate clearly the Bidder’s proposals for achieving effective and efficient
compliance to the conditions of contract on SHE manual. The Outline 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 as required by Sub-Clause 4.18 of the GC and Clause 14 of PC.
The Outline Plan shall be headed with a formal statement of policy in relation to Safety, Health &
Environment protection and shall be sufficiently informative to define the Bidder’s plans and set out in
summary an adequate basis for the development of the Site Safety, Health & Environment Plan to be
submitted in accordance with Sub-Clause 4.18 of the GC and Clause 14 of PC.
The Bidder may be requested to amplify, explain or develop its Outline Environmental Plan prior to the
date of issue of Letter of Acceptance and to provide more details with a view to reaching provisional
acceptance of such a plan.
80
4.10 Outline Project Management Plan
The Bidder shall submit with his Bid a Project Management Plan as prescribed in Work’s Requirement -
inter-alia indicating names, qualifications, professional experience and corporate affiliation of all
proposed key management and engineering personnel (above the level of supervisor) and specialists.
The Outline Environmental Plan shall be headed with a formal statement of policy in relation to
environmental protection and shall be sufficiently informative to define the Bidder’s environmental plans
and set out in summary an adequate basis for the submission of a detailed and comprehensive site
environmental quality management plan to be submitted in accordance with Sub-Clause 4.18 of the GC
and Clause 9 of PC. The Outline Plan shall include the methods and procedures for the Environmental
Impact Assessment to be performed under the Contract.
The Bidder may be requested to amplify, explain or develop its Outline Environmental Plan prior to the
date of issue of Letter of Acceptance and to provide more details with a view to reaching provisional
acceptance of such a plan
Project Director of the consortium shall be based in Pune. Design Liaison Engineer, Interface Manager shall
be continuously based in Pune (India) Project Office throughout the Contract Period.
The Bidder shall include his proposals for his Co-ordination Control Team and include the name and
qualifications of the Team Leader responsible for the interface co-ordination with Designated Contractors.
81
4.11 Structure of the Bidder
The Bidder shall supply a chart particularizing the structure of the Bidder (identifying all companies
comprising the Bidder in the event that the Bidder is a Consortium) and the ownership of the Bidder
including the ownership of each of the companies comprising the Bidder, identifying all respective
intermediate and ultimate holding companies.
COMPOSITION OF THE BIDDER

1. A notarized copy of Consortium Agreement relating to the composition of the Bidder shall be
submitted, if the Bidder is a Consortium. Should the Bidder be an entity established or to be
established to Bid for this Contract, details of the shareholders’ agreement or proposed
shareholders’ agreement or proposed shareholders’ agreement shall be supplied together with the
percentage participation and percentage equity in the agreements.
2. The contractual arrangements and copies of agreements in relation thereto must, as a minimum,
provide information on all members or participants involved, their respective participation in the
Bid, the management structure, ownership and control of the members or participants comprising
the Bidder and the name of the Lead Member who would have overall lead management
responsibility for the Works, the registered addresses of all parties and the names of their respective
senior partners, chairmen or managing directors as appropriate. Such agreements should also reflect
the joint and several liabilities of the members to the Employer in the event that the Contract is
awarded to them and provide “deadlock” provisions in the event that decisions of the Consortium
cannot be reached by unanimous agreement.
3. The Bidder shall confirm that the broad scope split of work amongst the Consortium members shall
be as hereunder:
(Deleted)
4. The Bidder shall provide written confirmation that:
(a) The agreement or agreements submitted represent the entire agreement between the members or
participants comprising the Bidder as to the Bidder’s legal persona;
(b) There is or are no other agreements relating to the Bidder’s incorporation, powers or organization
which may affect in any way its ability to carry out the Works; and
(c) No changes will be made to any such agreements during the Bidding period or during the contract period
(if contract awarded) without first obtaining the Employer’s agreement to the proposed change or
changes
82
4.12 Statement of Deviations (Deleted)
(A) Statement of deviations from the PC

Clause Details of Deviations Remarks explaining Price for Unqualified
Number reasons for deviations Withdrawal given in
and why it may be Financial Package
considered by the (YES/NO)
Employer
Note:
1. We hereby confirm that the pricing for unconditional withdrawal of the above deviations has been
given in the financial bid.
2. We hereby confirm that all implicit and explicit deviations, comments and remarks mentioned
elsewhere in our proposal shall be treated as NULL and VOID and stand withdrawn.
3. We hereby confirm that but for the deviations noted in herein, our proposal is fully and truly
compliant.
4. We hereby confirm that all implicit and explicit deviations, comments and remarks mentioned in
this ‘Form 4.12 Statement of Deviations’ but are not priced in Annexure4 of Pricing Document
(Section IV. Bidding Forms, Form 3; Annexure IV-B) (to be included with mention of price in
Column D & E in financial package only) for its unqualified withdrawal, shall be treated as NULL
and VOID and stand withdrawn.
SIGNATURE OF BIDDER
83
B) STATEMENT OF DEVIATIONS FROM THE WORKS REQUIREMENT

Clause Details of Deviations Remarks explaining Price for Unqualified
Number reasons for deviations Withdrawal given in
and why it may be Financial Package
considered by the (YES/NO)
Employer
Note:
1. We hereby confirm that the pricing for unconditional withdrawal of the above deviations has been given
in the financial bid.
2. We hereby confirm that all implicit and explicit deviations, comments and remarks mentioned elsewhere
in our proposal shall be treated as NULL and VOID and stand withdrawn.
3. We hereby confirm that but for the deviations noted in herein, our proposal is fully and truly compliant.
4. We hereby confirm that all implicit and explicit deviations, comments and remarks mentioned in this
‘Form 4.12 Statement of Deviations’ but are not priced in Annexure-4 of Pricing Document (Section IV.
Bidding Forms, Form 3; Annexure IV-B) (to be included with mention of price in Column D & E in financial
package only) for its unqualified withdrawal, shall be treated as NULL and VOID and stand withdrawn.
SIGNATURE OF BIDDER
84
(C) UNDERTAKING FOR PRICING FOR DEVIATIONS WITHDRAWAL (Deleted)

(To be submitted on Bidder’s Letterhead)
Dated:
To:
Managing Director
Maharashtra Metro Rail Corporation Limited
1st Floor, The Orion, 5, Koregaon Road,
Pune- 411001, Maharashtra, INDIA
Letter of Undertaking
CONTRACT No. P1C-06/2017
CONSTRUCTION OF 2 Nos. ROLLING STOCK DEPOTS AT RANGE HILL & VANAZ INCLUDING CIVIL
AND E&M WORKS FOR PUNE METRO RAIL PROJECT.
We, (name of individual Bidder / Consortium) hereby undertake that:
1. We hereby confirm that the pricing for unconditional withdrawal of the deviations in
statements A, B and C of ‘Form 4.12 Statement of Deviations’ has been given in the financial
bid.
2. We hereby confirm that all implicit and explicit deviations, comments and remarks
mentioned elsewhere in our proposal shall be treated as NULL and VOID and stand
withdrawn.
3. We hereby confirm that but for the deviations noted in ‘Form 4.12 Statement of Deviations’,
our proposal is fully and truly compliant.
4. We hereby confirm that all implicit and explicit deviations, comments and remarks
mentioned in ‘Form 4.12 Statement of Deviations’ but are not priced in Annexure-4 of
Pricing Document (Section IV. Bidding Forms, Form 3; Annexure IV-B) for its unqualified
withdrawal, shall be treated as NULL and VOID and stand withdrawn.
Signed……………..
For on behalf of
(Name of Bidder / Consortium)
85
5. Bidders Qualification without prequalification
To establish its qualifications to perform the contract in accordance with Section III (Evaluation and
Qualification Criteria) the Bidder shall provide the information requested in the corresponding
Information Sheets included hereunder.
5.1 Form ELI -1.1

Bidder Information Form
Date: _________________
NCB No. and title: _________________
Page__________of _______________pages
Bidder's name
In case of Joint Venture (JV), name of each member:
Bidder's actual or intended country of registration:
[indicate country of Constitution]
Bidder's actual or intended year of incorporation:
Bidder's legal address [in country of registration]:
Bidder's authorized representative information

Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or documents
of registration of the legal entity named above.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
 In case of Government-owned enterprise or institution (Government means State and Central Govt.
of India), in accordance with ITB 4.3 documents establishing:
• Legal and financial autonomy
• Operation under commercial law
• Establishing that the Bidder is not dependent agency of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
86
5.2 Form ELI -1.2

Bidder's JV Information Form
(to be completed for each member of Bidder’s JV and any specialized subcontractor if applicable)
Date: _______________
NCB No. and title: __________________
Page _______________ of ____________ pages
Bidder’s JV name:
JV member’s name:
JV member’s country of registration:
JV member’s year of constitution:
JV member’s legal address in country of constitution:
JV member’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above.
 In case of a Government-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and absence of dependent status, in
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
87
5.3 Form CON – 2

Historical Contract Non-Performance, Pending Litigation and Litigation History
(To be completed by the Bidder and by each member of the Bidder’s JV)
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
NCB No. and title: ___________________________
Page _______________of ______________pages
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
 Contract non-performance did not occur since 1st January, 2012 specified in Section III, Evaluation and
Qualification Criteria, Sub-Factor 2.1.
 Contract(s) not performed since 1st January, 2012 specified in Section III, Evaluation and Qualification
Criteria, requirement 2.1
Year Non- Contract Identification Total Contract
performed Amount (current
portion of value, currency,
contract exchange rate and
INR equivalent)
[insert [insert amount Contract Identification: [indicate complete contract name/[insert amount]
year] and percentage] number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main reason(s)]
Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements
 No pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-
Factor 2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3
as indicated below.
Year of Amount in dispute Contract Identification Total Contract

dispute (currency) Amount
(currency), INR
Equivalent
(exchange rate)
Contract Identification: _________
Name of Employer: ____________
Address of Employer: __________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________
88
5.5 Form FIN – 3.1:

Financial Situation and Performance
Bidder’s Name: _____________
Date: ______________________
JV Member’s Name__________
NCB No. and title: ___________
Page _________of ____pages
1. Financial data
Type of Financial information in Historic information for previous _________years,
(currency) (amount in currency, currency, exchange rate*, INR equivalent)
Year 1 Year 2 Year 3 Year4 Year 5
Statement of Financial Position (Information from Balance Sheet)
Total Assets (TA)
Total Liabilities (TL)
Total Equity/Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Working Capital (WC)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes (PBT)
Cash Flow Information
Cash Flow from Operating Activities
*Refer to ITB 15 for the exchange rate
2. Financial documents: - The Bidder and its parties shall provide copies of financial statements for 5 years
pursuant Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements shall:
(a) reflect the financial situation of the Bidder or in case of JV member, and not an affiliated entity (such
as parent company or group member).
(b) be independently audited or certified in accordance with local legislation.
(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited.
 Attached are copies of financial statements 4 for the 5 years required above and complying with the
requirements
Notes:
Financial data for latest last five audited financial years has to be submitted by the Bidder in Form FIN-3.1
to 3.4 along with audited balance sheets. The financial data in the prescribed format shall be certified by
Chartered Accountant with his stamp and signature. In case audited balance sheet for the immediately
preceding financial year i.e. 2015-16 is not available, he has to submit an affidavit certifying that the
“balance sheet has actually not been audited so far”. In such a case the financial data of previous ‘five
audited financial years before 2014-15 will be taken into consideration for evaluation. If audited balance
sheet of any year other than the last year is not submitted, the Bid will be considered as non-responsive.
Weightage of 5% (Compounded annually) for Indian currency and 2 % per year for foreign currency shall be
given for equating the financial turnover of the previous year to the current year.
Where a work has been earlier undertaken in a JV/consortium, only that portion of the contract which has
been 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.
4
If the most recent set of financial statements is for a period earlier than 12 months from the date of bid, the reason for
this should be justified.
89
5.5A Form FIN – 3.1A:

Bidder’s Profitability
Biddes and each member of JV should provide information on their earnings before final interest and
tax in any two years out of the last five years. The financial data in the prescribed format shall be
certified by Chartered Accountant with his stamp and signatures.
Profitability – earnings before interest and tax in INR Years in

which
Profitability-
earnings
before
interest and
2013-2014 2014-2015 2015-2016 2016-2017 2017-2018
Tax is +ve
(Positive)
Member-1
(Lead
Member)
Member-2
(othen than
Lead
Member)
Member-3
(other than
lead
Member)
90
5.6 Form FIN – 3.2:

Average Annual Construction Turnover
Bidder’s Name: _________
Date: __________________
JV Member’s Name______
NCB No. and title: _______
Page ________of____pages
Annual turnover data (construction only)

Year Amount Exchange rate INR equivalent
Currency
[indicate year] [insert amount and indicate
currency]
Average
Annual
Construction
Turnover *
* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2.
The financial data in the prescribed format shall be certified by Chartered Accountant with his stamp and
signature.
91
5.7 Form FIN – 3.3:

Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, net of current commitments, available to meet the total construction cash flow
demands of the subject contract or contracts as specified in Section III (Evaluation and Qualification
Criteria)
Financial Resources
No. Source of financing Amount (INR equivalent)
1
The financial data in the prescribed format shall be certified by Chartered Accountant with his stamp and
signature.
92
5.8 Form FIN – 3.4:

Current Contract Commitments / Works in Progress
Bidders and each member to a JV should provide information on their current commitments on all contracts
that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts
approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
Current Contract Commitments

Value of
Average Monthly
Employer’s Outstanding Estimated
Invoicing Over
No. Name of Contract Contact Address, Tel, Work Completion
Last Six Months
Fax [Current INR Date
[INR/month)]
Equivalent]
1
2
3
4
5
The financial data in the prescribed format shall be certified by Chartered Accountant with his stamp
and signature.
93
5.8A Form FIN – 3.5:

Bid Capacity
Bid Capacity Calculation of Single Entity or Members of Consortium / JV
S.No. Each Maximum Value of No. Of Bid Balance Remarks

Member Value of Price Level years Capacity Bid
Name Civil works of existing prescribed (in Rupees Capacity
executed commitments for Crore)
in any one and ongoing completion
year during works of the
last five (During works for
years period of which
(Updated next 130 tenders
to weeks w.e.f. are invited
31.03.2018 as on as on
price level) first day of
the month of
this Bid
submission
A B N (2*A*N)-B
94
5.9 Form EXP – 4.1:
General Construction Experience

(Each Bidder or member of a JV must fill this form)
Date: __________________
Starting Ending Contract Identification Role of

Year* Year Bidder
Contract name: ____________________

Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ____________________
Address: _____________________________
Contract name: _________________________
Bidder: _____________________________
Name of Employer: ___________________
Address: _________________________
Contract name: ________________________
Bidder: __________________________
Name of Employer: ___________________
Address: _________________________
* See Section III Evaluation and Qualification Criteria – Sub Factor 4.1
95
5.10 Form EXP - 4.2(a)

Specific Construction and Contract Management Experience
(Each Bidder or member of a JV or Specialized subcontractor must fill this form)

Date: __________________
Similar Contract No. Information
Contract Identification
Award date
Completion date
Role in Contract
Prime Member in Management Sub-
Contractor JV Contractor contractor
   
Total Contract Amount INR equivalent

If member in a JV or sub-contractor,
specify participation in total Contract
amount
Employer's Name:
Address:
Telephone/fax number
E-mail:
96
5.11 Form EXP - 4.2(a) (cont.)

Specific Construction and Contract Management Experience (cont.)
Similar Contract No. Information
Description of the similarity in

accordance with Sub-Factor 4.2(a) of
Section III:
1. Amount
2. Physical size of required works items
3. Complexity
4. Methods/Technology
5. Construction rate for key activities
6. Other Characteristics
Notes:
The Bidder shall submit details of works executed by them in the above form for the works to be considered
for qualification of similar work experience criteria. Documentary proof such as completion certificates
from client indicating the nature/scope of work, actual completion cost and actual date of completion of
such work should be submitted. The offers submitted without above documentary proofs shall not be
evaluated.
Credential certificates issued by Government Organizations / Semi Government Organizations of Central

or State Government; or by Public Sector Undertakings / Autonomous Bodies or Central or State
Government; or by Public Ltd. Companies listed in Stock Exchange in India or Abroad shall only be accepted
for assessing the eligibility of Bidder.
In case the work is executed for Public Ltd. Company listed in Stock Exchange in India or Abroad, copy of
work order, bill of quantities, bill wise details of payment received certified by C.A., T.D.S. certificate for
all payments received and copy of final/last bill paid by client shall also be submitted. Work done
certificate signed by the director of the company is preferable. However, the same from power of attorney
holder will also be acceptable.
Only the quantum of work as executed by the Bidder / 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
Bidder/ member should be indicated and the remaining done by the other members of the group be
excluded. Bidder has to attach credential certificates from client in support of above details.
97
5.12 Form EXP - 4.2(b)

Construction Experience in Key Activities
Deleted
98
6. Form of Bid Security

(Demand Guarantee)
__________________________
Beneficiary: __________________________
Invitation for Bids No: ________________________________________
Date: __________________________
BID GUARANTEE No.: __________________________
Guarantor: ________________________________________________
We have been informed that __________________________ (hereinafter called "the Applicant") has
submitted or will submit to the Beneficiary its bid (hereinafter called "the Bid") for the execution of
________________ under Invitation for Bids No. ___________________ (“the IFB”).
Furthermore, we understand that, according to the Beneficiary’s conditions, bids must be supported by a
bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary
any sum or sums not exceeding in total an amount of ___________ (____________) upon receipt by us of
the Beneficiary’s first demand, supported by the Beneficiary’s statement, whether in the demand itself or
a separate signed document accompanying or identifying the demand, stating that either the Applicant:
(a) has withdrawn its Bid during the period of bid validity set forth in the Applicant’s Letter of
Bid (“the Bid Validity Period”), or any extension thereto provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary during the Bid Validity Period or
any extension thereto provided by the Applicant, (i) has failed to execute the contract agreement,
or (ii) has failed to furnish the performance security, in accordance with the Instructions to Bidders
(“ITB”) of the Beneficiary’s bidding document.
This guarantee will expire: (a) if the Applicant is the successful bidder, upon our receipt of copies of the
contract agreement signed by the Applicant and the performance security issued to the Beneficiary in
relation to such contract agreement; or (b) if the Applicant is not the successful bidder, upon the earlier
of (i) our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the bidding
process; or (ii)twenty-eight days after the end of the Bid Validity Period.
Consequently, any demand for payment under this guarantee must be received by us at the office indicated
above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC
Publication No. 758.
_____________________________
[signature(s)]
99
6A. Form of Additional Bank Guarantee by Bank
Beneficiary: ___________________
Date: ________________
BANK GUARANTEE No.: _________________
Guarantor: _____________________________________
Expiry Date: _____________________
We have been informed that ________________ (hereinafter called "the Applicant") has entered into
Tender No. _____________ dated ____________ with the Beneficiary, for the execution of
_____________________ (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an additional bank
guarantee is required.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any
sum or sums not exceeding in total an amount of ___________ ( ), 1 such sum being payable in
the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the
Beneficiary’s first demand supported by the Beneficiary’s statement, whether in the demand itself or in a
separate signed document accompanying or identifying the demand, stating that the Applicant is in breach
of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for
your demand or the sum specified therein.
This guarantee shall expire, no later than the …. Day of ……, 2… 2, and any demand for payment under it
must be received by us at this office indicated above on or before that date. This guarantee is subject to
the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the
supporting statement under Article 15(a) is hereby excluded.
_____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.
1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified in
the Letter of Acceptance, less provisional sums, if any, and denominated either in the currency(cies) of the Contract
or a freely convertible currency acceptable to the Beneficiary.
2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The Employer
should note that in the event of an extension of this date for completion of the Contract, the Employer would need
to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made
prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-
time extension of this guarantee for a period not to exceed [six months][one year], in response to the Beneficiary’s
written request for such extension, such request to be presented to the Guarantor before the expiry of the
guarantee.”
100
7. Form of Bid-Securing Declaration
FORM DELETED
101
8. Form of Joint Bidding Agreement

(JV/ Consortium Agreement)
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution,
duly signed on each page. Foreign entities submitting the Bid are required to follow the applicable law in
their country)
FORM OF CONSORTIUM AGREEMENT BETWEEN

M/S........................................, M/S.........................................,
M/S..................................... AND M/S...................................
FOR (……………………………)
THIS Consortium Agreement (hereinafter referred to as “Agreement”) executed on this.......................

day of .................. Two thousand Twelve between
......................................................................... a company incorporated under the laws

of...................................... and having its Registered Office at................................
(Hereinafter called the "Party 1”, which expression shall include its successors, executors and permitted
assigns), and
...................................................... a company incorporated under the laws

of...................................... And having its Registered Office at................................ (Here in
after called the "Party 2”, which expression shall include its successors, executors and permitted assigns)
and
....................................................... A Company incorporated under the laws of

......................................................... and having its Registered Office
at......................................................... (Here in after called the "Party 3", which expression shall
include its successors, executors and permitted assigns)
(The Bidding consortium should list the name, address of its registered office and other details of all the
consortium Members)
for the purpose of submitting the Bid in response to the Bidding Documents and in the event of selection
as Successful Bidderto execute the Contract Agreement and/or other requisite documents, and to carry
out the ‘……………….’ (“Works”) for Pune Metro Rail Project to be awarded by Maharashtra Metro Rail
Corporation Limited (hereinafter referred as “MAHA-METRO” or “the Company”).
Party 1, Party 2, and Party 3 are hereinafter collectively referred to as the “Parties” and individually as a
“Party”.
WHEREAS MAHA-METRO desired to engage a contractor for ………………. [Name of the Works] for Pune Metro
Rail Project.
AND WHEREAS the Consortium of [.................................] (insert the names of all the Members)
intends to participate for the Bid, against the Bidding Documents issued to ……………. [Insert the name of
purchaser of Bidding Document].
AND WHEREAS Para BDS ITB 4.7 of the Instructions to Bidder stipulates that the Bidders bidding on the
strength of a consortium shall submit a legally enforceable Consortium Agreement in a format specified in
the Bidding Documents.
NOW THEREFORE, THIS INDENTURE WITNESSTH AS UNDER:
In consideration of the above premises and agreement, all the parties in this Consortium do hereby
mutually agree as follows:
102
1. In consideration of the selection of the Consortium as the Successful Bidderby the Company, we the
Members of the Consortium and Parties to the Consortium Agreement do hereby unequivocally agree
that M/s........................................................... (Insert name of the Lead Member), shall act
as the Lead Member as defined in the Bidding Documents for self and agent for and on behalf of ……….
(the names of all the other Members of the Consortium to be filled in here) to do on behalf of the
Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortium’s Bid for
the Contract including submission of the Bid, participating in meetings, responding to queries,
submission of information/ documents and generally to represent the Consortium in all its dealings
with MAHA-METRO or any other Government Agency or any person, in connection with the Works until
culmination of the process of bidding till the Contract is entered into with MAHA-METRO and thereafter
till the expiry of the Contract.
2. The Lead Member is hereby authorized by the Members of Consortium and Parties to the Consortium
Agreement to bind the Consortium, incur liabilities and receive instructions for and on behalf of all
Members. It is agreed by all the Members that entire execution of the Contract including payment shall
be carried out exclusively through the Lead Member.
3. The Lead Member shall be liable and responsible for ensuring the individual and collective commitment
of each of the Members of the Consortium in discharging all their respective obligations under the
Contract with MAHA-METRO. Each Consortium Member further undertakes to be individually liable for
the performance of its part of the obligations without in any way limiting the scope of collective
liability envisaged in this Agreement.
4. In case of any breach of any of the obligations as specified under clause 3 above by any of the
Consortium Members, the Lead Member shall be liable to fulfil such obligation.
5. It is agreed that sharing of responsibilities hereto among the Consortium members shall not in any way
be a limitation of responsibility of the Lead Member under these presents.
6. This Consortium Agreement shall be construed and interpreted in accordance with the Laws of Republic
of India.
7. It is hereby agreed that the Lead Member shall furnish the Bid Security, as stipulated in the Bidding
Documents, on behalf of the Consortium.
8. It is hereby agreed that in case of selection of bidding consortium as the Successful Bidder, the Parties
to this Consortium Agreement do hereby agree that the Lead Member shall furnish the Performance
Security on behalf of the Consortium, as stipulated in the Bidding Documents.
9. It is further expressly agreed that the Consortium Agreement shall be irrevocable and, for the
Successful Bidder, shall remain valid over the term of the Contract, unless expressly agreed to the
contrary by the Company.
10. The Lead Member is authorized and shall be fully responsible for the accuracy and veracity of the
representations and information submitted by the Consortium Members respectively from time to time
in response to the Bidding Documents for the purposes of the Bidding.
It is expressly understood and agreed between the Members that the responsibilities and obligations of
each of the Members shall be as follows: (Define the responsibility matrix for each member clearly).
……………………………..
……………………………..
11. It is agreed by the Members that the above sharing of responsibilities and obligations shall not in any
way be a limitation of joint and several responsibilities and liabilities of the Members, with regards to
all matters relating to the execution of the Works as envisaged in the Bidding Documents and the
Contract. The Parties shall be jointly and severally liable for execution of the Works in accordance
with the terms of the Contract and the Bidding Documents.
12. It is clearly agreed that the Lead Member shall ensure performance under the Contract and if one or
more Consortium Members fail to perform its /their respective obligations under the agreement(s),
the same shall be deemed to be a default by all the Consortium Members.
13. It is hereby agreed that in case of selection of the Consortium as the Successful Bidder, [the Lead
Member shall furnish the Performance Security on behalf of the Consortium as stipulated in the Bidding
Documents] / [the Performance Security as stipulated in the Bidding Documents shall be furnished by
the Members on behalf of the Consortium in such proportion as may be agreed to between us]
14. It is agreed by all the Members that there shall be separate Consortium Bank Account (distinct from
the bank accounts of the individual Members) to which the individual Members shall contribute their
share capital and/or working capital and the financial obligations of the Consortium shall be
discharged through the said Consortium Bank Account only.
103
15. It is hereby expressly agreed between the Parties to this Consortium Agreement that neither Party
shall assign or delegate its rights, duties or obligations under this Agreement except with prior written
consent of the Company.
16. We hereby agree to ratify all acts, deeds and things lawfully done by the aforesaid Lead Member
pursuant to this Agreement and that all acts, deeds and things done by the aforesaid Lead Member
shall and shall always be deemed to have been done by us/Consortium.
This Consortium Agreement
(a) has been duly executed and delivered on behalf of each Party hereto and constitutes the legal,
valid, binding and enforceable obligation of each such Party,
(b) sets forth the entire understanding of the Parties hereto with respect to the subject matter hereof
including the Consortium/Bidder’s legal persona and there is or are no other agreements relating
to the Consortium/Bidder’sincorporation, constitution, powers or organisation which may affect in
any way its ability to carry out the Works;
(c) may not be amended or modified except in writing signed by each of the Parties and with prior
written consent of the Company.
IN WITNESS WHEREOF, the Parties to the Consortium Agreement have, through their authorized
representatives, executed these presents and affixed common seals of their respective companies on the
Day, Month and Year first mentioned above.
Common Seal of................ For and on behalf of

has been affixed in my/our Consortium Member (party 1)
presence pursuant to the M/s………………………….
Board of Director’s resolution
dated......................
……………………………….. ………………………………………
(Signature) (Signature of authorized representative)
Name: …………………. Name:
Designation: Designation: ……………………..
Place: …………………….
Date: …………………………
Witness:
1. …………………………………….
(Signature)
Name ……………………………….
Designation...........…………………..
2. …………………………………….
(Signature)
Name ……………………………….
Designation...........…………………..

has been affixed in my/our Consortium Member (Party 2)
Board of Director’s
Resolution dated......................
………………………………. ………………………….
(Signature) (Signature of authorized
Representative)
Name: Name:
Designation: Designation:
Place:
Date:
104
WITNESS
1. …………………………………….
(Signature)
Name ……………………………….
Designation...........…………………..
2. …………………………………….
(Signature)
Name ……………………………….
Designation...........…………………..
Attested:
…………………………….
(Signature)
(Notary Public)
Place…
Date…

has been affixed in my/our Consortium Member (Party 3)
Board of Director’s
Resolution dated......................
………………………………. …………………………………….
(Signature) (Signature of authorized
Representative)
Name: Name:
Designation: Designation:
Place:
Date:
WITNESS
1. …………………………………….
(Signature)
Name ……………………………….
Designation...........…………………..
2. …………………………………….
(Signature)
Name ……………………………….
Designation...........…………………..
Attested:
…………………………….
(Signature)
(Notary Public)
Place…
Date…
105
9. Form of Legal Capacity / Power of Attorney

(Refer ITB 20.2)
(To be forwarded on the letterhead of the Bidder/ Lead Member of Consortium)
Format for Board Resolution
(A) Format for the Board resolution to be passed by a Bidder (not applicable in case of consortium)
The Board, after discussion, at the duly convened Meeting on ………… (Insert date), with the consent
of all the Directors present and in compliance of the provisions of the Companies Act, 1956/2013,
passed the following Resolution:
RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956/2013 and as
permitted under the Memorandum and Articles of Association of the Company, approval of the Board
be and is hereby accorded to submit a Bid in response to the Bidding Documents dated ___________
issued by Maharashtra Metro Rail Corporation Limited (MAHA-METRO) for [Insert name of the work]
for Pune Metro Rail Project.
FURTHER RESOLVED THAT Mr./Ms………………., (insert the name and designation of the concerned
official of the Company) be and is hereby authorized to take all the steps required to be taken by the
Company for submission of the aforesaid Bid, including in particular, signing the Bid, making changes
thereto and submitting amended Bid, signing and executing all the documents related to the Bid,
certified copy of this Board resolution or letter or undertakings, etc., required to be submitted to
MAHA-METRO as part of the Bid or such other documents as may be necessary in this regard and to do
in our name and our behalf all or any of the acts, deeds or things necessary or incidental to submission
of our said Bid including signing and executing the Contract Documents, making representations to
MAHA-METRO or any other authority, and providing information / responses to MAHA-METRO,
representing us in all matters before MAHA-METRO, and generally dealing with MAHA-METRO in all
matters in connection with our Bid till the completion of the bidding process as per the terms of the
above said Bidding Documents and further till the Contract is entered into with MAHA-METRO and
thereafter till the expiry of the Contract.
FURTHER RESOLVED THAT a power of attorney as per the draft attached to the Bidding Documents be
issued in favour of the above named person, ____________, to be executed by Mr._________ or Mr.
_______________, Directors of the Company under the Common seal of the Company, affixation
thereof to be witnessed by one or both of the above named Directors and by Mr. _____________,
(insert the name and designation of the concerned official of the Company) or as per the Memorandum
and Articles of Association of the Company.
Signature and stamp of Company Secretary / Managing Director/Director of Bidder
Notes:
1. This certified true copy should be submitted on the letterhead of the Company, signed by the
Company Secretary / Managing Director/Director of the Bidder.
2. The contents of the format may be suitably re-worded indicating the identity of the entity
passing the resolution.
3. In the event the Board resolution is from a company incorporated outside India, the same
needs to be notarized by a notary in the home country of company passing the resolution and
legalized by the Indian Embassy there. However, in case such company is from a country which
has signed The Hague Legislation Convention 1961, then the Board Resolution is not required
to be legalized by the Indian Embassy if it carries a conforming Apostille certificate.
4. This format may be modified only to the limited extent required to comply with the local
regulations and laws applicable to a foreign entity submitting this resolution. For example,
reference to Companies Act 1956/2013 may be suitably modified to refer to the law applicable
to the entity submitting the resolution. However, in such case, the foreign entity shall submit
an unqualified opinion issued by the legal counsel of such foreign entity, stating that the Board
resolutions are in compliance with the applicable laws of the respective jurisdictions of the
issuing company and the authorizations granted therein are true and valid.
106
(B) Format for the Board resolution to be passed by Lead Member of Consortium (applicable in case
the Bidder is a consortium)
issued by Maharashtra Metro Rail Corporation Limited (MAHA-METRO) for ‘……………….’ [Name of the
work] for Pune Metro Rail Project in consortium with ________________ (insert the name and address
of the other consortium members).
FURTHER RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956/2013 and
as permitted under the Memorandum and Articles of Association of the Company, approval of the
Board be and is hereby accorded to execute a Consortium Agreement as per the format annexed to
the aforesaid Bidding Documents with ________________ (insert the name and address of the other
consortium members).
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to the Company to accept
and act as the Lead Member of the aforesaid Consortium and also as true and lawful attorney to do in
the name and on behalf of the Consortium, all such acts, deeds and things necessary in connection
with or incidental to submission of Consortium’s Bid in response to the Bidding Documents dated
__________ issued by MAHA-METRO for ‘……………….’ [name of the work] including signing and
submission of the Bid and all documents related to the Bid as specified in the Bidding Documents,
including but not limited to undertakings, letters, certificates, acceptances, clarifications, guarantees
or any other document, which MAHA-METRO may require us to submit and carrying out the Contract
and doing all necessary deeds and things as may be required in respect of the above and also for
making representations to MAHA-METRO and providing information / responses to MAHA-METRO,
representing the Consortium in all matters before MAHA-METRO, and generally dealing with MAHA-
METRO and/or any other authority in all matters in connection with Consortium’s Bid, till completion
of the bidding process in accordance with the Bidding Documents and further till the Contract is
entered into with MAHA-METRO and thereafter till the expiry of the Contract.
Company for submission of the Consortium’s Bid, including in particular, signing the Bid, making
changes thereto and submitting amended Bid, signing and executing all the documents related to the
Bid, certified copy of this Board resolution or letter or undertakings, etc., required to be submitted
to MAHA-METRO as part of the Bid or such other documents as may be necessary in this regard and to
do in the name and on behalf the Consortium all or any of the acts, deeds or things necessary or
incidental to submission of said Bid including signing and executing the Contract Documents, making
representations to MAHA-METRO or any other authority, and providing information / responses to
MAHA-METRO, representing the Consortium in all matters before MAHA-METRO, and generally dealing
with MAHA-METRO in all matters in connection with our Bid till the completion of the bidding process
as per the terms of the above said Bidding Documents and further till the Contract is entered into
with the Company and thereafter till the expiry of the Contract.
issued in favour of the above named person, ____________, to be executed by Mr._________ or Mr.
_______________, Directors of the Company under the Common seal of the Company, affixation
107
Notes:
(C) Format for the Board resolution to be passed by a Member other than the Lead Member of
Consortium (applicable in case the Bidder is a consortium)
issued by Maharashtra Metro Rail Corporation Limited (MAHA-METRO) for ‘……………….’ [Name of the
work] for Pune Metro Rail Project in consortium with ________________ (insert the name and address
of the other consortium members).
FURTHER RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956/2013 and
as permitted under the Memorandum and Articles of Association of the Company, approval of the
Board be and is hereby accorded to execute a Consortium Agreement as per the format annexed to
the aforesaid Bidding Documents with ________________ (insert the name and address of the other
consortium members).
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to constitute, appoint and
authorize ____________________ (name and registered office address of the Lead Member), which is
one of the Members of the Consortium, to act as the Lead Member of the aforesaid Consortium and
also as true and lawful attorney, to do in the name and on behalf of the Consortium, all such acts,
deeds and things necessary in connection with or incidental to submission of Consortium’s Bid in
response to the Bidding Documents dated __________ issued by MAHA-METRO for ‘……………….’ [name
of the work] including signing and submission of the Bid and all documents related to the Bid as
specified in the Bidding Documents, including but not limited to undertakings, letters, certificates,
acceptances, clarifications, guarantees or any other document, which MAHA-METRO may require us
to submit and carrying out the Contract and doing all necessary deeds and things as may be required
in respect of the above and also for making representations to MAHA-METRO and providing information
/ responses to MAHA-METRO, representing the Consortium in all matters before MAHA-METRO, and
generally dealing with MAHA-METRO and/or any other authority in all matters in connection with our
Bid, till completion of the bidding process in accordance with the Bidding Documents and further till
the Contract is entered into with MAHA-METRO and thereafter till the expiry of the Contract.
issued in favour of the above said Lead Member, ____________, to be executed by Mr._________ or
108
Mr. _______________, Directors of the Company under the Common seal of the Company, affixation
issued in favour of Mr./Ms………………., (insert the name and designation of the concerned official of
the Company) to be executed by Mr._________ or Mr. _______________, Directors of the Company
under the Common seal of the Company, affixation thereof to be witnessed by one or both of the
above named Directors and by Mr. _____________, (insert the name and designation of the concerned
official of the Company) or as per the Memorandum and Articles of Association of the Company.
Company for submission of the aforesaid Bid, including in particular, signing and executing all the
documents related to the Bid, certified copy of this Board resolution or letter or undertakings, etc.,
required to be submitted to MAHA-METRO as part of the Bid or such other documents as may be
necessary in this regard and to do in our name and our behalf all or any of the acts, deeds or things
necessary or incidental to give effect to this resolution.

Notes:
109
(D) Power of Attorney to be provided by each of the Members of the Consortium (other than the
Lead Member) in favour of the Lead Member
WHEREAS Maharashtra Metro Rail Corporation Limited, (the Company) has issued the Bidding Documents
on _______ for inviting Bids for ‘……………….’ [Name of the work] for Pune Metro Rail Project on the terms
and contained in the Bidding Documents;
AND WHEREAS …... and ……………….. (Insert names of all Members of Consortium) the Members of the
Consortium are desirous of submitting a Bid in response to the Bidding Documents, and if selected,
undertaking the responsibility of ‘Insert the name of the work’ as per the terms of the Bidding Documents;
AND WHEREAS all the Members of the Consortium have agreed under the Consortium Agreement dated
………….. entered into between all the Members and submitted along with the Bid to appoint ……….. (Insert
the name and address of the Lead Member) as Lead Member to represent all the Members of the Consortium
for all matters regarding the Bidding Documents and the Bid;
AND WHEREAS pursuant to the terms of the Bidding Documents and the Consortium Agreement, we, the
Members of the Consortium hereby designate M/s ………….. (Insert name of the Lead Member) as the Lead
Member to represent us in all matters regarding the Bid and the Bidding Documents, in the manner stated
below:-
Know all men by these presents, We …………………………………………………. (Insert name and address of the
registered office of the Member-1),…………………………………………………. (Insert name and address of the
registered office of the Member-2) ……………………………………. (Insert name and address of the registered
office of the Member-n) do hereby constitute, appoint and authorize ………………………………(name and
registered office address of the Lead Member), which is one of the Members of the Consortium, to act as
the Lead Member and our true and lawful attorney, to do in our name and on our behalf, all such acts,
deeds and things necessary in connection with or incidental to submission of Consortium’s Bid in response
to the Bidding Document dated __________ issued by the Company for ‘……………….’ [name of the work]
including signing and submission of the Bid and all documents related to the Bid as specified in the Bidding
Documents, including but not limited to undertakings, letters, certificates, acceptances, clarifications,
guarantees or any other document, which the Company may require us to submit and carrying out the
Contract and doing all necessary deeds and things as may be required in respect of the above. The aforesaid
Attorney shall be further authorized for making representations to the Company named in the Bidding
Documents, and providing information / responses to the Company named in the Bidding Documents,
representing us and the Consortium in all matters before the Company named in the Bidding Documents,
and generally dealing with the Company named in the Bidding Documents and/or any other authority in all
matters in connection with our Bid, till completion of the bidding process in accordance with the Bidding
Documents and further till the Contract is entered into with the Company and thereafter till the expiry of
the Contract.
We, as Members of the Consortium, hereby agree to ratify all acts, deeds and things done by our said
attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid
attorney shall be binding on us and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms in the Bidding
Documents.
Signed by the within named

……………………………….[Insert the name of the executant company]
through the hand of
Mr. ……………………………………….
duly authorized by the Board to issue such Power of Attorney
Dated this ………………………. day of ………
Accepted
110
………………………………
Signature of Attorney
(Name, designation and address of the Attorney)
Attested
…………………………………..
(Signature of the executant)
(Name, designation and address of the executant)
…………………………………….
Signature and stamp of Notary of the place of execution
Common seal of ……………… has been affixed in my/our presence pursuant to Board of Director’s Resolution
dated……
WITNESS:
1. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
2. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
Notes:
1. The mode of execution of the power of attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and the same
should be under common seal of the executant affixed in accordance with the applicable
procedure. Further, the person whose signatures are to be provided on the power of attorney shall
be duly authorized by the executant(s) in this regard.
2. In the event, power of attorney has been executed outside India, the same needs to be notarized
by a notary in the home country of company executing this power of attorney and legalized by the
Indian Embassy there. However, in case such company is from a country which has signed The
Hague Legislation Convention 1961, then the said power of attorney is not required to be legalized
by the Indian Embassy if it carries a conforming Apostille certificate.
3. Also, wherever required, the executant(s) should submit for verification the extract of the
chartered documents and documents such as a Board resolution / power of attorney, in favour of
the person executing this power of attorney for delegation of power hereunder on behalf of the
executant(s).
111
(E) Format for PoA for Lead Member

POWER OF ATTORNEY
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution.
Foreign companies submitting Bids are required to follow the applicable law in their country)
Power of Attorney to be provided by the BidderCompany/ Lead Member in favour of its representative as
evidence of authorized signatory’s authority.
Know all men by these presents, We …………………………………………….(name and address of the registered
office of the Bidding Company or Lead Member of the Bidding Consortium, as applicable) do hereby
constitute, appoint and authorize Mr./Ms…………………………………………………(name and residential address)
who is presently employed with us and holding the position of ______, as our Attorney to do in our name
and our behalf all or any of the acts, deeds or things necessary or incidental to submission of our Bid for
‘……………….’ [name of the work] for Pune Metro Rail Project in response to the Bidding Document dated
______ issued by Maharashtra Metro Rail Corporation Limited (MAHA-METRO) (the Company) including
signing and submission of the Bid and all other documents related to the bidding, including but not limited
to undertakings, letters, certificates, acceptances, clarifications, guarantees or any other document which
the Company may require us to submit and also signing and executing the Contract Documents. The
aforesaid Attorney is further authorized for making representations to the Company or any other authority,
and providing information / responses to the Company, representing us in all matters before the Company,
and generally dealing with the Company in all matters in connection with our Bid till the completion of the
bidding process as per the terms of the Bidding Documents and further till the Contract is entered into
with the Company and thereafter till the expiry of the Contract.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power of
Attorney and that all acts, deeds and things done by our aforesaid attorney shall be binding on us and shall
always be deemed to have been done by us.
(Add in the case of a Consortium)
Our firm is a Member/Lead member of the Consortium of ___________, _________ and

___________
All the terms used herein but not defined shall have the meaning ascribed to such terms under the Bidding
Documents.

...........................................[Insert the name of the executant company]
through the hand of
Mr. ……………………………………….
Accepted
………………………………
Attested
…………………………………
……………………………………
112
dated……
WITNESS
1. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
2. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
Notes:
2. In the event, power of attorney has been executed outside India, the same needs to be duly
notarized by a notary public of the jurisdiction where it is executed.
3. Also, wherever required, the executant(s) should submit for verification the extract of the charter
documents and documents such as a board resolution / power of attorney, in favour of the person
executing this power of attorney for delegation of power hereunder on behalf of the executant(s).
113
(F) Format for PoA for Other Member(s)

POWER OF ATTORNEY
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution.
Foreign companies submitting Bids are required to follow the applicable law in their country)
Power of Attorney to be provided by each Member other than the Lead Member in favour of its
representative as evidence of authorized signatory’s authority. (applicable to consortium only)
Know all men by these presents, We …………………………………………….(name and address of the registered
office of the Member of the Consortium, as applicable) do hereby constitute, appoint and authorize
Mr./Ms…………………………………………………(name and residential address) who is presently employed with us
and holding the position of ______, as our Attorney to sign and execute the Contract Agreement and any
other requisite document in our name and our behalf for ‘……………….’ [name of the work] for Pune Metro
Rail Project in response to the Bidding Document dated ______ issued by Maharashtra Metro Rail
Corporation Limited (MAHA-METRO) (the Company) and to do all or any of the acts, deeds or things
necessary or incidental to the above.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power of
Attorney and that all acts, deeds and things done by our aforesaid attorney shall be binding on us and shall
always be deemed to have been done by us.
(Add in the case of a Consortium)
Our firm is a Member of the Consortium of ___________, _________ and

___________
All the terms used herein but not defined shall have the meaning ascribed to such terms under the Bidding
Documents.

...........................................[Insert the name of the executant company]
through the hand of
Mr. ……………………………………….
Accepted
………………………………
Attested
…………………………………
……………………………………
114
dated……
WITNESS
1. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
2. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
Notes:
2. In the event, power of attorney has been executed outside India, the same needs to be duly
notarized by a notary public of the jurisdiction where it is executed.
3. Also, wherever required, the executant(s) should submit for verification the extract of the charter
documents and documents such as a board resolution / power of attorney, in favour of the person
executing this power of attorney for delegation of power hereunder on behalf of the executant(s).
115
10. Bid Index
The Bidder shall include with its Bid an index which cross refers all of the Employer’s bidding requirements
elaborated in these documents to all the individual sections within Package 1: Technical Package and Package
2: Financial Package which the Bidder intends to be the responses to each and every one of those requirements.
The Packages submitted must be clearly presented, all pages numbered and laid out in a logical sequence with
main and subheadings to facilitate evaluation.
116
11. Form for seeking clarification on Bidding Documents
Name of the Bidder:
SN Volume Clause
Bid Condition Bidder’s Queries
No. No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
SIGNATURE OF THE BIDDER
117
12. Not Used
118
13. Letter of Undertaking Regarding Confidentiality of Bid Information
(This document is to be prepared by the Bidder and submitted on Bidder’s Letterhead as part of Technical
Package as per Instructions to Bidder BDS-ITB 11.4.1.16)
To: Date: ……………….
Managing Director
Sub: [“Insert Name of the work”]
Contract No. [“Insert Contract No.”]- Regarding Letter of Undertaking
We (Name of Bidder / Consortium) hereby undertake that the Bid drawings, both in hard copy and digitized
format, and the Bidding documents purchased as a necessary part of our preparation of this Bid shall be
used solely for the preparation of the Bid and that if the Bid is successful, shall be used solely for the
execution of Works.
We further undertake that the aforesaid Bid drawings and documents prepared by MAHA-METRO, shall not
be used in whole, in part or in any altered form on any other project, scheme, design or proposal that the
Bidder / Consortium / Members of Consortium or its/their parent companies or sub-contractors of the
Bidder / Consortium are, or will be involved with either in India or in any other Country.
Signed: ……………………….
For and on behalf of

(Name of Bidder / Joint Venture / Consortium)
(To be signed by each member of the Joint Venture / Consortium, as applicable)
119
14. Undertaking for Downloaded Bidding Documents
We hereby confirm that, we have downloaded the complete set of Bid Documents along with the set of
enclosures hosted in e-tendering portal http://mahametrorail.etenders.in. We confirm that the Bidding
Documents has not been edited or modified by us. In case, it is observed by MAHA-METRO that the Bidding
Documents have been edited or modified, we agree for the rejection of our Bid by MAHA-METRO.
Company name ………………………....

Name …………………………..
Signature …………………………..
Postal address …………………………..
E-mail ID …………………………..
Phone Fax …………………………..
120
15. Sample Format for Banking Reference for Liquidity
NOTE – This is a Sample Format for Banking Reference for Liquidity, however bankers (Indian or Foreign) may
issue the certificate in their own format incorporating the required financial information.
(To be submitted on the letter head of the Bank with Contact details, Address, Phone Number, E. Mail id, etc.)
 
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.
Signature: - ___________
Name of Bank: __________
Senior Bank Manager_____________
Address of the Bank_______________
Change the text as follows for Joint Venture / JVA / Consortium
This is to certify that M/s ................................................... who has formed a JV / Consortium 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 / Consortium, 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.
Signature: - ___________
Name of Bank: __________
Senior Bank Manager_____________
Address of the Bank_______________
[This should be given by the JV members in proportion to their financial participation]
121
16. Form of Certificate confirming submission of all documents of Financial Package in the Technical
Package with prices left blank
1. This is to certify that the copy of all the documents of Financial Package, submitted with the Technical
Package, is a true Copy of the Financial Package with prices left blank.
2. It is further certified that there are no additional comments, remarks, deviations, terms and conditions
in our Financial Package and even if it is there, it shall be treated as NULL and VOID and stand
withdrawn.
SIGNATURE OF BIDDER
122
17. Form of Certificate confirming downloading of all Bidding Documents, Corrigendum and Addenda
This is to certify that we, M/s ____________________________ [* Name of the Bidder] have downloaded
all Bidding Documents, Corrigendum, Clarifications and Addenda for Contract No. ______________as listed
below:
1. Addendum No. …………

2. …………………………..
3. …………………………..
4. ……………………………
SIGNATURE OF BIDDER
* In case of a Consortium, to be submitted by the Authorized representative of the Lead Member.
Note:
123
18. Form of Declaration for non-engagement of any agent, middleman or intermediary
[We hereby declare / We hereby jointly and severally] @ declare that the submission of this Bid confirms
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. We further confirm and declare
that no agency commission or any payment, which may be construed as an agency commission, has been,
or will be paid and that the Bid price does not include any such amount. We acknowledge the right of the
Employer, if it finds to the contrary, to declare our Bid to be non-compliant and if the Contract has been
awarded to declare the Contract NULL and VOID.
SIGNATURE OF THE BIDDER
(In case of a partnership, joint venture or consortium, to be submitted by the each constituent member)
@ Strike out whichever is not applicable
124
19. Form of certificate confirming careful examination of all the contents of Bidding Documents and
signing of all pages of Bidder’s proposal
This is to certify that we, M/s______________ [*Name of the company/consortium] have carefully
examined all the contents of the Bidding Documents including Addenda (if any) and all the pages of our
proposal have been signed and stamped by our authorized signatory.@.
SIGNATURE OF BIDDER
@In case of a joint venture or consortium, such pages to be signed by authorized signatory of the Lead
member.
125
20. Undertaking for ensuring supply of critical spares and availability of technical support

Dated:…………..
To:
Managing Director
CONTRACT No. [“Insert Contract No.”]
[“Insert Name of the work”]
We hereby certify that we will make credible arrangements for ensuring supply of critical spares and
availability of technical support for maintenance and up gradation of equipment / systems / Machinery &
Plant / Software, etc., which will become part of the Permanent Works executed under the contract
[“Insert Contract No.”] during their service life.
For on behalf of
126
21. Undertaking for passing on benefits of exemptions to MAHA-METRO and for adjustment of amounts
due from balance due

[“Insert Name of the Work.”]
I _________ (State Name of Director/Partner/ Karta/Authorized Person) in capacity of _______ of

__________(State name of the undertaking organization) here by undertake to reimburse / pass on benefit
of any duty draw back / export, import incentive / exemption / concession / benefit etc. obtained for the
MAHA-METRO project to MAHA-METRO. I will maintain proper records as required by MAHA-METRO and
relevant statute. I will furnish such records to MAHA-METRO as and when required by them.
I agree to adjustment of any benefits/ duty draw back / export, import incentive / exemptions /
concessions to be made from the balance due to me without any prejudice.
I also undertake to indemnify MAHA-METRO in case of any loss caused due to non-reimbursement / passing
on the benefit of duty draw back / export, import incentive / exemption / concession etc.
I state that everything declared by me is true and correct to my belief.
For on behalf of
127
22. Undertaking for obtaining registrations under various fiscal and labour laws

[“Insert Name of the Work.”]
I _________ (State Name of Director/Partner/ Karta/Authorized Person) in capacity of _______ of
__________(State name of the undertaking organization) here by undertake to get registered under
_________ (state the type of registration to be obtained) before ______ (state time line) (preferably
immediately after award of Contract).
I also undertake to indemnify MAHA-METRO in case of any loss caused due to non-registration.
I state that everything declared by me is true and correct to my belief.
For on behalf of
128
23. Declaration of Undertaking
We underscore the importance of a free, fair and competitive procurement process that precludes abusive
practices. In this respect we have neither offered nor granted directly or indirectly any inadmissible
advantages to any public servant or other person nor accepted such advantages in connection with our bid,
nor will we offer or grant or accept any such incentives or conditions in the present procurement process
or, in the event that we are awarded the contract, in the subsequent execution of the contract. We also
declare that no conflict of interest exists in the meaning of the kind described in the corresponding
Guidelines.
We also underscore the importance of adhering to environmental and social standards in the
implementation of the project. We undertake to comply with applicable labour laws and the Core Labour
Standards of the International Labour Organization (ILO) as well as national and applicable international
standards of environmental protection and health and safety standards.
We will inform our staff about their respective obligations and about their obligation to fulfil this
declaration of undertaking and to obey the laws of the country.
We also declare that our company/all members of the consortium has/have not been included in the list
of sanctions of the United Nations, nor of the EU, nor debarred by any government/semi-government/urban
local body/PSU in India or abroad and affirm that our company/all members of the consortium will
immediately inform the client if this situation should occur at a later stage.
We acknowledge that, in the event that our company (or a member of the consortium) is added to a list of
sanctions/debarment, that is legally binding on the client, the client is entitled to exclude our
company/the consortium from the procurement procedure and, if the contract is awarded to our
company/the consortium, to terminate the contract immediately if the statements made in the Declaration
of Undertaking were objectively false or the reason for exclusion occurs after the Declaration of
Undertaking has been issued.
We also acknowledge that all the documents, information, certificates, translations, etc. submitted along
with the bid by the company/consortium are true, and in case any document, information, certificate,
translation, etc. are found to be untrue/misrepresented/fraudulent then we are liable for action as maybe
deemed by Maha-Metro.
.............................. ...................
.......................................................
(Place) (Date) (Name of company)
......................................................
(Signature(s))
129
24. COVENANT OF INTEGRITY

to the Promoter
from a Tenderer, Contractor, Supplier or Consultant to be attached to its Tender
(or to the Contract in the case of a negotiated procedure)
“We declare and covenant that neither we nor anyone, including any of our directors, employees,
agents, joint venture partners or sub-contractors, where these exist, acting on our behalf with due
authority or with our knowledge or consent, or facilitated by us, has engaged, or will engage, in any
Prohibited Conduct (as defined below) in connection with the tendering process or in the execution
or supply of any works, goods or services for [specify the contract or tender invitation] (the
“Contract”) and covenant to so inform you if any instance of any such Prohibited Conduct shall
come to the attention of any person in our organisation having responsibility for ensuring compliance
with this Covenant.
We shall, for the duration of the tender process and, if we are successful in our tender, for the
duration of the Contract, appoint and maintain in office an officer, who shall be a person reasonably
satisfactory to you and to whom you shall have full and immediate access, having the duty, and the
necessary powers, to ensure compliance with this Covenant.
If (i) we have been, or any such director, employee, agent or joint venture partner, where this exists,
acting as aforesaid has been, convicted in any court of any offence involving a Prohibited Conduct
in connection with any tendering process or provision of works, goods or services during the five
years immediately preceding the date of this Covenant, or (ii) any such director, employee, agent or
a representative of a joint venture partner, where this exists, has been dismissed or has resigned from
any employment on the grounds of being implicated in any Prohibited Conduct, or (iii) we have
been, or any of our directors, employees, agents or joint venture partners, where these exist, acting
as aforesaid has been excluded by the EU Institutions or any major Multi-lateral Development Bank
(including World Bank Group, African Development Bank, Asian Development Bank, European
Bank for Reconstruction and Development, European Investment Bank or Inter-american
Development Bank) from participation in a tendering procedure on the grounds of Prohibited
Conduct, we give details of that conviction, dismissal or resignation, or exclusion below, together
with details of the measures that we have taken, or shall take, to ensure that neither this company
nor any of our directors, employees or agents commits any Prohibited Conduct in connection with
the Contract [give details if necessary].
In the event that we are awarded the Contract, we grant the Project Owner, the European Investment
Bank (EIB) and auditors appointed by either of them, as well as any authority or European Union
institution or body having competence under European Union law, the right of inspection of our
records and those of all our sub-contractors under the Contract. We accept to preserve these records
generally in accordance with applicable law but in any case for at least six years from the date of
substantial performance of the Contract.”
For the purpose of this Covenant, Prohibited Conduct includes 5,

• Corrupt Practice is the offering, giving, receiving or soliciting, directly or indirectly,
anything of value to influence improperly the actions of another party.
5
Most definitions are those of the IFI Anti Corruption Task Force’s Uniform Framework of September 2006.
130
• Fraudulent Practice is any act or omission, including a misrepresentation, that knowingly or

recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to
avoid an obligation.
• Coercive Practice is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of any party to influence improperly the actions of a party.
• Collusive Practice is an arrangement between two or more parties designed to achieve an
improper purpose, including influencing improperly the actions of another party
• Obstructive Practice is (a) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation; and/or threatening, harassing or intimidating any party
to prevent it from disclosing its knowledge of matters relevant to the investigation or from
pursuing the investigation, or (b) acts intended to materially impede the exercise of the EIB’s
contractual rights of audit or access to information or the rights that any banking, regulatory
or examining authority or other equivalent body of the European Union or of its Member States
may have in accordance with any law, regulation or treaty or pursuant to any agreement into
which the EIB has entered in order to implement such law, regulation or treaty;
• Money Laundering is defined in the Bank’s Anti-Fraud Policy
• Terrorist Financing is defined in the Bank’s Anti-Fraud Policy
• Project Owner means the person designated as such in the tender documents or the Contract.
For on behalf of
131
Annexure I Form CER

Quality Management / Environmental, Social, Health and Safety (ESHS) Certification
Bidder’s Legal Name: ___________________________________ Date: __________

Bidder’s JV Member name: ______________________________ NCB No.: _____________
DESCRIPTION INFORMATION
Identification of the certificate _______________ [insert full name of the certificate]
First award date ________________ [insert day, month, year of first certificate
award]
Last update of the certificate __________ [insert day, month, year of latest renewal, if any]
Issuers Name _______________ [insert full name]
Address _______________ [insert street / number / town or city /

country]
Telephone/fax number _______________ [insert phone/fax no., incl. country & city
area codes]
E-mail _______________ [insert e-mail address, if available]
Compliance with international standards The certificate is [ISO 9001, ISO 14001, OHSAS 18001] [select
as appropriate]
□ Yes / □ No
If no, proof of conformity with ISO The Bidder shall provide a conformity assessment of its
standards by the Bidder certificate by an internationally recognized Accredited
Certification Body
The Bidder shall fill this Form for each Certification required under sub criteria 5.1 of Section III – Evaluation
and Qualification Criteria
132
Maha-Metro Tender No. P1C-07/2018 Part-1, Section-V-
Eligibility Source Countries of
External Funding Agencies

BIDDING DOCUMENTS
FOR

TENDER NO.
P1C-07/2018

Section-V : Eligibility Source
Countries of External Funding
Agencies

Telephone: 020-26051072
125
Maha-Metro July -18
133
Maha-Metro Tender No. P1C-07/2018 Part-1, Section-V-
Eligibility Source Countries of
External Funding Agencies
Eligible Source Countries for External Funding Agency
All countries and areas are eligible to quote for this bid.
126
Maha-Metro July -18
134

Part1biddingprocedure

Uploaded by

Copyright:

Available Formats

Part1biddingprocedure

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Part1biddingprocedure

Uploaded by

Copyright:

Available Formats

MAHA-METRO Tender No.

P1C-07/2018 Part-1: Bidding Procedure

MAHARASHTRA METRO RAIL CORPORATION LIMITED

CONSTRUCTION OF 2 Nos. ROLLING STOCK DEPOTS AT RANGE HILL & VANAZ

MAHARASHTRA METRO RAIL CORPORATION LTD

MAHA-METRO JULY-18 Part-1 5