Major Upgradation of Prayagraj Junction Railway Station: Request For Proposal
Major Upgradation of Prayagraj Junction Railway Station: Request For Proposal
Major Upgradation of Prayagraj Junction Railway Station: Request For Proposal
for
on
Bid Document
Volume I – Instructions to Bidders (ITB) and
Volume II- EPC Agreement
June 2022
PRAYAGRAJ
CONSTRUCTION DEPARTMENT
Signature Not
Verified
Digitally signed by
ASHISH VERMA 1
Date: 2022.06.16
18:32:22 IST
Reason: IREPS-CRIS
Location: New Delhi
TABLE OF CONTENTS
2 Instructions to Bidders 11
A General 11
2.1 General terms of Bidding 12
2.2 Eligibility and qualification requirement of Bidder 14
2.3 Proprietary Data 18
2.4 Cost of Bidding 18
2.5 Site visit and verification of information 19
2.6 Verification and Disqualification 19
B Documents 21
2.7 Contents of the RFP 21
2.8 Clarifications 22
2.9 Amendment of RFP 22
D Bid Security 27
2.20 Bid Security 27
2.21 Performance Security 28
Annexure of Appendix 1A
I Details of Bidder 43
II Technical Capacity of the Bidder 45
III Financial Capacity of the Bidder 47
IV Details of Eligible Project 49
V Statement of legal 52
VI Guidelines of the Department of Disinvestment 53
VII Restrictions under Rule GFR 2017 in respect of sharing of land border 55
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REQUEST FOR PROPOSAL
NORTH CENTRAL RAILWAY
RFP for Major Upgradation of Prayagraj Junction Railway Station of North Central
Railway
The scope of work shall broadly cover survey, investigations, design and
development/redevelopment of Railway Station including but not limited to undertaking
civil works and MEP works for station building. The brief particulars of the Project, bidding
process and the Estimated Project Cost is provided in Clause 1.1.2 of this RFP
The complete Bid document can be viewed /downloaded from official portal of the Indian
Railways website https://ireps.gov.in e-Procurement Portal from Tender Uploading date to
Bid due Date as indicated in KIT. Bidder must submit its Financial Bid and Technical Bid
at e-Procurement Portal on or before the Bid Due Date. Bids received online shall be opened
on the time as mentioned in the Key Information Table at Clause 1.1.2 of RFP.
Bid through any other mode shall not be entertained. However, Power of Attorney and Joint
Bidding Agreement etc. shall be submitted physically by the Bidder on or before the time
mentioned at Clause 1.1.2 of this RFP. Please note that the Authority reserves the right to
accept or reject all or any of the Bids without assigning any reason whatsoever.
Chief Engineer/Construction/HQ
North Central Railway
Phone/ Fax:09794835223
E-mail: cehqncr@gmail.com
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DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”) or subsequently
provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf
of the Authority or any of its employees or advisors, is provided to Bidder(s) on the terms and
conditions set out in this RFP and such other terms and conditions subject to which such
information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (Bids)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions
and assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for
the Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, especially
the Project Report, may not be complete, accurate, adequate or correct. Each Bidder should,
therefore, conduct its own investigations and analysis and should check the accuracy,
adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority, 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 this
RFP or otherwise, including the accuracy, adequacy, correctness, completeness or reliability
of the RFP and any assessment, assumption, statement or information contained therein or
deemed to form part of this RFP or arising in any way for participation in this RFP.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements contained
in this RFP. The Authority 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 this
RFP.
The issue of this RFP does not imply that the Authority is bound to select the Bidder or Contractor,
as the case may be, for the Project and the Authority reserves the right to reject all or any of the
Bids without assigning any reason whatsoever.
The Bidder 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 the
Authority or any other costs incurred in connection with or relating to its Bid. All such costs and
expenses will remain with the Bidder and the Authority 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/ submission of the Bid, regardless of the conduct or outcome of the Bidding Process.
5
GLOSSARY
The words and expressions beginning with capital letters and defined in this document shall,
unless repugnant to the context, have the meaning ascribed thereto herein.
6
DEPUTY CHIEF ENGINEER/CONSTRUCTION/PRAYAGRAJ
SECTION 1
INTRODUCTION
1.1 Background
1.1.2 The brief particulars of the Project and the Bidding Process are as follows in the Key
Information Table (KIT):
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13. Officer and Address to Name of Officer:
Submit the physical Office of Deputy Chief
documents as per clause Engineer/Construction/Prayagraj
2.11.4 of RFP Address: Old GM NCR Office,
Nawab Yusuf Road
Allahabad, 211001
Uttar Pradesh, India
Phone:9794866793
E mail:
1. dycecpryj2@gmail.com
2. cehqncr@gmail.com
14. Validity of the Bid 120 days from the Bid Due Date
15. Pre-bid Conference Details Date: 30.06.2022
Time: 15:30 Hrs
Venue:
Physical Meeting in Office of Chief
Engineer/Construction/HQ, North Central
Railway, HQ Subedarganj, Prayagraj
8
24. Tender Opening Tender uploading & downloading will be
done in the Office of Deputy Chief
Engineer/Construction/Prayagraj
Address: Old GM NCR Office,
Nawab Yusuf Road
Allahabad, 211001
Uttar Pradesh, India
Phone:9794866793
1.1.3 The Selected Bidder (the “Contractor”) shall be responsible for Engineering,
Procurement and Construction of the Project under and in accordance with the
provisions of an Engineering, Procurement and Construction agreement (the “EPC
Agreement”) to be entered into between the Selected Bidder and the Authority in the
form provided by the Authority as part of the Bidding Documents pursuant hereto.The
scope of work of EPC broadly comprises Design, Detailed Engineering, Surveys (Pre-
Engineering, Pre-Construction and Post-Construction), Procurement, Fabrication,
Transportation, Construction (Civil, Structural, Mechanical, Electrical, HVAC, Fire
Fighting and other related services) and Installation, Testing, Pre - commissioning,
Commissioning and handing over as per the terms of the EPC Contract. The detailed
scope is provided as part of Volume II: EPC Agreement of this RFP.
1.1.4 The estimated cost of the Project (the “Estimated Project Cost”) has been specified in
the Clause 1.1.2 above. The assessment of actual costs, however, will have to be made
by the Bidders.
1.1.5 The EPC Agreement sets forth the detailed terms and conditions for award of the
Project to the Contractor, including the scope of the Contractor’s services and
obligations.
1.1.6 The Authority shall receive Bids pursuant to this RFP in accordance with the terms
set forth in this RFP and other documents to be provided by the Authority pursuant to
this RFP, as modified, altered, amended and clarified from time to time by the
Authority (collectively the "Bidding Documents"), and all Bids shall be prepared and
submitted in accordance with such terms on or before the Bid Due Date as specified
in the KIT a provided in Clause 1.1.2 for submission of Bids (the “Bid Due Date”).
1.2 Brief description of Bidding Process
1.2.1 The Authority has adopted a single stage two packet system (referred to as the
"Bidding Process") for selection of the Bidder for award of the Project. The 1st part
(the “Technical Bid”) of the process involves qualification (the “Qualification”) of
the interested parties/Consortium/Joint Venture who submits a Bid in accordance
with the provisions of this RFP (the “Bidder”, which expression shall, unless
repugnant to the context, include the members of the Consortium/Joint Venture). The
2ndpart of the process involves opening of financial proposals (the “Financial Bid”)
of the bidders qualified in Technical Bid. The Technical and Financial Bid shall
collectively be referred as Bid (the “Bid”). The Bidder would be required to furnish
all information specified in this RFP. At the Qualification stage, the Technical Bids
of Bidders would be evaluated and only those Bidders that are qualified by the
Authority shall be eligible for the 2nd part of the Bidding Process comprising opening
and evaluation of their Financial Bids. GOI has issued guidelines (see Annexure VI
of Appendix-1A of RFP) for qualification of Bidders seeking to acquire stakes in any
9
public sector enterprise through the process of disinvestment. These guidelines shall
apply mutatis mutandis to this Bidding Process. The Authority shall be entitled to
disqualify any Bidder in accordance with the aforesaid guidelines at any stage of the
Bidding Process. Bidders must satisfy themselves that they are qualified to Bid, and
should give an undertaking to this effect in the form at Appendix-IA
1.2.2 The Bid shall be valid for the period as per the Key Information Table.
1.2.3 The Bidding Documents including the EPC Agreement for the Project is enclosed for
the Bidders. The feasibility prepared by the Authority/ consultants of the Authority (the
"Project Report) is also enclosed. The Project Report of the Project is being provided
only as a preliminary reference document by way of assistance to the Bidders who are
expected to carry out their own surveys, investigations and other detailed examination of
the Project before submitting their Bids. Nothing contained in the Project Report shall
be binding on the Authority nor confer any right on the Bidders, and the Authority
shall have no liability whatsoever in relation to or arising out of any or all contents
of the Project Report. The aforesaid documents and any addenda issued subsequent to
this RFP document, will be deemed to form part of the Bidding Documents.
1.2.4 A Bidder is required to submit, along with its Bid, a Bid Security of the amount as
mentioned in the KIT (the "Bid Security"), refundable after issuance of LOA to the
Selected Bidder. The Selected Bidder’s Bid Security shall be retained till it has provided
a Performance Security as per the provision of this RFP and LOA. The Bidder will have
to provide BidSecurity through [e- payment Gateway of e-Procurement Portal/Authority
OR in form of Bank Guarantee as per the format at Appendix V]. The Bid shall be
summarily rejected if it is not accompanied by the prescribed amount of Bid Security.
The Bid document shall be available free of cost through the e-Procurement Portal as
mentioned in the KIT.
1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at their cost,
such studies as may be required for submitting their respective Bids for award of the
contract including implementation of the Project.
1.2.6 Bids will be evaluated for the Project on the basis of the lowest cost required by a Bidder
for implementing the Project (the "Bid Price"). The total time allowed for completion
of construction under the Agreement (the “Construction Period”) and the period during
which the Contractor shall be liable for rectification of any defect or deficiency in the
Project after completion of the Construction Period (the “Defect Liability Period”) shall
be pre-determined, and are specified in the EPC Agreement forming part of the Bidding
Documents.
In this RFP, the term “Lowest Bidder” shall mean the Bidder who qualifies the
Technical Bid criteria (Qualification Stage) and is quoting the lowest Bid Price, subject
to the provisions of Clause 1.2.7, the Project will be awarded to the Lowest Bidder.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest Bidder
withdraws or is not selected for whatsoever reason except the reason mentioned in
Clause 2.1.12 (e), the Authority shall annul the Bidding Process and invite fresh Bids.
1.2.8 Other details of the process to be followed under this Bidding Process and the terms
thereof are spelt out in this RFP.
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1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted in writing by speed post/courier/special messenger or by e-mail, through
e-Procurement Portal, so as to reach the officer designated in Clause 2.11.4 by the
specified date. The envelopes/ communication shall clearly bear the following
identification/ title:
"Queries / Request for Additional Information: RFP for Major Upgradation of Prayagraj
Junction Railway Station on Engineering, Procurement and Construction (EPC) mode."
1.3 Schedule of Bidding Process
The Authority shall endeavour to adhere to the schedule provided in the KIT at Clause
1.1.2:
SECTION-2
INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General terms of Bidding
2.1.1 No Bidder shall submit more than one Bid for the Project.
2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the EPC Agreement shall have overriding effect; provided, however,
that any conditions or obligations imposed on the Bidder hereunder shall continue
to have effect in addition to its obligations under the Agreement. Further, the
statements and explanations contained in this RFP are intended to provide a better
understanding to the Bidders about the subject matter of this RFP and should not
be construed or interpreted as limiting in any way or manner the scope of services and
obligations of the Contractor set forth in the Agreement or the Authority’s rights to
amend, alter, change, supplement or clarify the scope of work, the work to be
awarded pursuant to this RFP or the terms thereof or herein contained.
Consequently, any omissions, conflicts or contradictions in the Bidding
Documents including this RFP are to be noted, interpreted and applied appropriately
to give effect to this intent, and no claims on that account shall be entertained by the
Authority
2.1.4 The Bid shall be furnished in the format exactly as per Appendix-IA & IB i.e.
Technical Bid as per Appendix IA and Financial Bid as per Appendix IB and it
shall be signed by the Bidder’s authorised signatory. The Bid Price shall be quoted
online at the e-Procurement Portal. In the event of any difference between figures
and words, the amount indicated in words shall be taken into account.
2.1.5 The Bidder should submit a Power of Attorney as per the format at Appendix-II,
authorising the signatory of the Bid to commit the Bidder.
2.1.6 In case the Bidder is a Consortium/Joint Venture, the Members thereof should furnish
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a Power of Attorney in favour of the Lead Member in the format at Appendix-III and
Joint Bidding Agreement in the format at Appendix-IV
2.1.7 Any condition or qualification or any other stipulation contained in the Bid shall
render the Bid liable to rejection as a non-responsive Bid.
2.1.8 The Bid and all communications in relation to or concerning the Bidding
Documents and the Bid shall be in English language.
2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of Bidding
Documents. The Bidding Documents including this RFP and all attached documents,
provided by the Authority are and shall remain or becomes the property of Authority and
are transmitted to the Bidders solely for the purpose of preparation and submission of the
Bid in accordance herewith. Bidders are to treat all information as strictly confidential
and shall not use it for any purpose other than for preparation and submission of their
Bid. The provision of this Clause 2.1.10 shall also apply mutatis mutandis to Bids and all
other documents submitted by the Bidders, and the Authority will not return to the
Bidders any Bid, documents or any information provided along therewith.
2.1.11 In case the Bidder is a Consortium/Joint Venture, it shall comply with the following
additional requirements:
(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each member of the Consortium/Joint Venture;
(c) members of the Consortium/Joint Venture shall nominate one member as the
Lead Member (the “Lead Member”). Lead Member shall have minimum 51%
(fifty-one per cent) shareholding in Consortium/Joint Venture. The Technical
Capacity as per Clause 2.2.2.1 and/or the Financial Capacity as per Clause 2.2.2.2
is to be satisfied by any member/s of Consortium/Joint Venture having minimum
26% (twenty-six per cent) shareholding individually in Consortium/Joint
Venture. The nomination of Lead Member shall be supported by a Power of
Attorney, as per the format at Appendix-III, signed by all the other members of
the Consortium/Joint Venture. Consortium/Joint Venture as whole shall
cumulatively/collectively fulfil the 100% (One hundred per cent) Technical
Capacity as per Clause 2.2.2.1 and 100% (One hundred per cent) Financial
Capacity as per Clause 2.2.2.2.
(d) the Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and defect
liability obligations;
(e) the Lead Member shall carry out works directly under its own supervision and
through its own personnel for at least 50% (fifty per cent) of the Bid Price in
accordance with provision of EPC Agreement.
(f) members of the Consortium/Joint Venture shall have entered into a binding Joint
Bidding Agreement, substantially in the form specified at Appendix IV (the “Jt.
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Bidding Agreement”), for the purpose of making the Bid. The Jt. Bidding
Agreement, to be submitted along with the Bid, shall, inter alia:
(i) convey the commitment(s) of the Lead Member in accordance with this
RFP, in case the contract to undertake the Project is awarded to the
Consortium/Joint Venture; and clearly outline the proposed roles &
responsibilities, if any, of each member.
(ii) include a statement to the effect that all members of the Consortium/Joint
Venture shall be liable jointly and severally for all obligations of the
Contractor in relation to the Project until the Defect Liability Period is
achieved in accordance with the EPC agreement;
2.1.12 While Bidding is open to persons from any country, the following provisions shall
apply:
(a) Where, on the due date of the Bid, not less than 25% (twenty five percent) of the
aggregate issued, subscribed and paid up equity share capital/capital
contribution/partnership contribution in the Lowest Bidder or its member is held by
persons resident outside India or where a Bidder or its member is controlled by persons
resident outside India, then the eligibility and award of the project to such Lowest
Bidder shall be subject to approval of the competent authority from national security
and public interest perspective as per the instructions of the Government of India
applicable at such time. The decision of the authority in this behalf shall be final and
conclusive and binding on the Bidder.
(b) Further, where the LOA of a project has been issued to an agency, not covered under
the category mentioned above, and it subsequently wishes to transfer its share capital
in favour of another entity who is a resident outside India or where a Bidder or its
member is controlled by persons resident outside India and thereby the equity capital
of the transferee entity exceeds 25% or above, any such transfer of equity capital shall
be with the prior approval of the competent authority from national security and public
interest perspective as per the instructions of the Government of India applicable at
such point in time.
(c) The holding or acquisition of equity control, as above shall include direct or indirect
holding, acquisition, including by transfer of the direct or indirect legal or beneficial
ownership or control, by persons acting for themselves or in concert and in determining
such holding or acquisition, the Authority shall be guided by the principles, precedents
13
and definitions contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 2011 or any substitute thereof, as
in force on the date of such acquisition.
(d) The Bidder shall promptly inform the Authority of any change in the shareholding, as
above, and failure to do so shall render the Bidder liable for disqualification from the
Bidding Process.
(e)In case the Lowest Bidder under (a) above is denied the security clearance, for
whatsoever reasons, then the Bidders emerging as second Lowest, third lowest eligible
Bidders (in that order) may be given a counter-offer (one by one sequentially) to match
the Bid of Lowest Bidder. In the event of acceptance of the counter-offer by another
eligible Bidder, the project may be awarded to such Bidder. In case no Bidder matches
the Bid of the Lowest Bidder, the Bid Process shall be annulled and fresh Bids invited.
(f) Any bidder from the countries sharing a land border with India will be eligible to bid
in any procurement whether of goods, services (including consultancy services and
non-consultancy services) or works (including turnkey projects) only if the bidder is
registered with the Competent Authority. The Competent Authority for registration
will be the Registration Committee constituted by the Department for Promotion of
Industry and Internal Trade (DPIIT), Government of India. For interpretation of this
clause Department of Expenditure, Ministry of Finance, Government of India letter
F.No.6/18/2019-PPD dated 23/07/2020 shall be referred which is enclosed as
Annexure-VII of Appendix-IA
2.1.13 Notwithstanding anything to the contrary contained herein, in the event that the Bid
Due Date falls within three months of the closing of the latest Financial Year of a
Bidder, it shall ignore such Financial Year for the purposes of its Bid and furnish all
its information and certification with reference to the 5 (five) years or 1 (one) year, as
the case may be, preceding its latest Financial Year. For the avoidance of doubt,
Financial Year shall, for the purposes of a Bid hereunder, mean the Accounting Year
followed by the Bidder in the course of its normal business.
2.1.14 a) Any entity which has been barred by the Central Government or State Government
or any entity controlled by it, from participating in any project, and the bar
subsists as on the date of Bid, would not be eligible to submit an Bid, either
individually or as member of a Consortium/Joint Venture.
(b) A Bidder including any member or Associate should, in the last 3 (three) years,
have neither failed to perform on any contract, as evidenced by imposition of a
penalty or damages by a judicial authority or a judicial pronouncement against the
Bidder, member or Associate, as the case may be, nor has been expelled from any
project or contract by any public entity nor have had any contract terminated by
any public entity for breach by such Bidder, member or Associate.
(a) The Bidder may be a single entity or a group of entities (the “Consortium”or the
“Joint Venture”), coming together to implement the Project. The term Bidder used
herein would apply to both a single entity and a Consortium/Joint Venture.
(b) Bidder may be a natural person, private entity, or any combination of them with a
formal intent to enter into a Consortium/Joint Venture agreement or under an existing
agreement to form a Consortium/Joint Venture. A Consortium/Joint Venture shall be
eligible for consideration subject to the conditions set out in Clause 2.1.11 above.
(c) A Bidder shall not have a conflict of interest (“Conflict of Interest”) that affects the
Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified
and liable for forfeiture of the Bid Security or Performance Security as the case may
be. A Bidder shall be deemed to have a Conflict of Interest affecting the Bidding
Process, if:
(i) the Bidder, its Consortium/Joint Venture member (or any constituent thereof)
and any other Bidder, its member or any member of its Consortium/Joint
Venture thereof (or any constituent thereof) have common controlling
shareholders or other ownership interest; provided that this disqualification
shall not apply in cases where the direct or indirect shareholding of a Bidder,
or its Consortium/Joint Venture member thereof (or any shareholder thereof
having a shareholding of more than 5% (five percent) of the paid up and
subscribed share capital of such Bidder, or its Consortium/Joint Venture
member, as the case may be), in the other Bidder, its Consortium/Joint Venture
member is less than 5% (five percent) of the subscribed and paid up equity
share capital thereof; provided further that this disqualification shall not apply
to any ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act 2013. For
the purposes of this Clause 2.2.1(c), indirect shareholding held through one or
more intermediate persons shall be computed as follows:
(bb) subject always to sub-clause (aa) above, where a person does not exercise
control over an intermediary, which has shareholding in the Subject Person, the
computation of indirect shareholding of such person in the Subject Person shall
be undertaken on a proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the shareholding of
such person in the intermediary is less than 26% of the subscribed and paid up
equity shareholding of such intermediary; or
(iii) such Bidder, or any of its Consortium/Joint Venture member thereof receives or
has received any direct or indirect subsidy, grant, concessional loan or
subordinated debt from any other Bidder, or any of its Consortium/Joint Venture
member thereof or has provided any such subsidy, grant, concessional loan or
subordinated debt to any other Bidder, its member or any of its Consortium/Joint
Venture member thereof; or
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(iv) such Bidder has the same legal representative for purposes of this RFP as any
other Bidder; or
(v) such Bidder, or any of its Consortium/Joint Venture member thereof has a
relationship with another Bidder, or any of its Consortium/Joint Venture member
thereof, directly or through common third party/parties, that puts either or both
of them in a position to have access to each other’s’ information about, or to
influence the Bid of either or each other; or
(vi) such Bidder, or any of its Consortium/Joint Venture members thereof has
participated as a consultant to the Authority in the preparation of any documents,
design or technical specifications of the Project.The consultants engaged by the
Authority for this Project are mentioned in the KIT.
2.2.2.1 Technical Capacity- For demonstrating Technical Capacity and experience (the
“Technical Capacity”), the Bidder shall, over the past 5 (five) Financial Years
preceding the Bid Due Date, received payments for construction of Eligible Project(s)
such that the amount is atleast;
(a) 60% (sixty percent) of Estimated Project Cost from One Eligible Project,
OR,
(b) 40% (forty percent) of Estimated Project Cost from each of the Two Eligible
Projects
OR,
(c) 30% (thirty percent) of Estimated Project Cost from each of the Three
Eligible Projects
For the purpose of Technical Capacity, the projects shall qualify as Eligible Projects, the
“Eligible Projects” if they meet both of the following criteria;
1) Projects where works contract are directly given to the Bidder by a Govt. Department;
or by a Public listed company having average annual turnover of Rs 500 crore and
above in last 3 financial years excluding the current financial year, listed on National
Stock Exchange or Bombay Stock Exchange, registered at least 5 years back from
the date of submission of Bid by the Bidder to the Authority.
AND
2) Projects where the Bidder have received payments for not less than 75 (seventy-five)
per cent value of awarded project cost of such project as per the original agreement
under the following categories:
(i) Passenger terminals shall mean having a minimum passenger handling capacity
of 5000 persons /day in railway stations, metro stations, airport terminals (with or
without related airport infrastructure works), ports, integrated check posts, and
bus terminals;
(ii) Social and Commercial infrastructure shall mean:
(a) Commercial real estate project (such as educational institution, hospital,
hotel, convention centre, mall/shopping complex, sports complex, office
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complex) at a single site with a minimum built up area of 15,000 (Fifteen
thousand) square metres;
or
(b) Residential real estate project /residential township at a single site with a
minimum built up area of 30,000 (Thirty thousand) square metres;
2.2.2.2 Financial Capacity: The Bidder shall have a minimum Net Worth (the “Financial
Capacity”) of 15% (Fifteen percent) of the Estimated Project Cost at the close of the
preceding Financial Year.
(ii) The Bidder must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-IA.
(iii)The Bidder should furnish the required Project-specific information and evidence
in support of its claim of Technical Capacity, as per format at Annex -IV of
Appendix-IA.
(i) The Technical Bid must be accompanied by the Audited Annual Reports of
the Bidder (of each member or Associate/s thereof, whose Technical Capacity or
Financial Capacity is being claimed, in case of a Consortium/Joint Venture) for
the last 5 (five) Financial Years, preceding the year in which the Bid is submitted.
(ii) In case the annual accounts for the latest financial year are not audited and
therefore the Bidder cannot make it available, the Bidder shall give an undertaking
to this effect and the statutory auditor shall certify the same. In such a case, the
Bidder shall provide the Audited Annual Reports for 5 (five) years preceding the
year for which the Audited Annual Report is not being provided.
(iii) The Bidder must establish the minimum Net Worth specified in Clause 2.2.2.2,
and provide details as per format at Annex-III of Appendix-IA.
2.2.2.5 The Bidder shall enclose with its Technical Bid, to be submitted as per the format at
Appendix-IA, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating the
payments received during the past 5 years, in respect of the Eligible Projects. In
case a particular job/ contract has been jointly executed by the Bidder (as part of
a Consortium/Joint Venture), it should further support its claim for the payments
received as per the share in work done for that particular job/ contract by
producing a certificate from its statutory auditor or the client; and
$
In case duly certified audited annual financial statements containing explicitly the requisite details are provided,
a separate certification by statutory auditors would not be necessary in respect of Clause 2.2.2.5 (i). In jurisdictions
that do not have statutory auditors, the firm of auditors which audits the annual accounts of the Bidder provide the
certificates required under this RFP.
17
(ii) Certificate(s) from its statutory auditors specifying the net worth of the
Bidder(including Associates, if any), as at the close of the preceding Financial
Year, and also specifying that the methodology adopted for calculating such net
worth conforms to the provisions of this Clause 2.2.2.5 (ii). For the purposes of
this RFP, net worth (the “Net Worth”) shall mean the capital/aggregate value of
the paid-up share capital and all reserves created out of the profits and securities
premium account, after deducting the aggregate value of the accumulated losses,
deferred expenditure and miscellaneous expenditure not written off, as per the
audited balance sheet, but does not include reserves created out of revaluation of
assets, write-back of depreciation and amalgamation.
2.2.2.6 In computing the Technical Capacity and Net Worth of the Bidder/ Member of
Consortium/Joint Venture under Clauses 2.2.2.1 and 2.2.2.2, the Technical Capacity and
Net Worth of their respective Associates would also be eligible hereunder. For purposes
of this RFP, Associate means, in relation to the Bidder/ Member of Consortium/Joint
Venture, a person who controls, is controlled by, or is under the common control with
such Bidder/member (the “Associate”). As used in this definition, the expression
“control” means, with respect to a person which is a company or corporation, the
ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares
of such person, and with respect to a person which is not a company or corporation, the
power to direct the management and policies of such person by operation of law.
The Bidders shall be responsible for all of the costs associated with the preparation
of their Bids and their participation in the Bidding Process. The Authority will not
be responsible or in any way liable for such costs, regardless of the conduct or outcome
of the Bidding Process.
2.5.1 Bidders are encouraged to submit their respective Bids after visiting the Project
site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, availability of power, water & other utilities for construction,
access to site, handling and storage of materials, weather data, applicable laws and
regulations, and any other matter considered relevant by them. Bidders are advised to
visit the site and familiarise themselves with the Project within the stipulated time of
submission of the Bid. No extension of time is likely to be considered for submission of
Bids.
(a) made a complete and careful examination of the Bidding Documents, Schedules
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annexed to EPC agreement;
(d) satisfied itself about all matters, things and information including matters
referred to in Clause 2.5.1 hereinabove necessary and required for submitting
an informed Bid, execution of the Project in accordance with the Bidding
Documents and performance of all of its obligations thereunder;
(g) agreed to be bound by the undertakings provided by it under and in terms hereof.
2.5.3 The Authority shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning or relating to
RFP, including any error or mistake therein or in any information or data given by the
Authority.
2.6.2 The Authority reserves the right to reject any Bid and appropriate the Bid Security if;
(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Bid.
Such misrepresentation/ improper response shall lead to the disqualification of the Bidder.
If the Bidder is a Consortium/Joint Venture, then the entire Consortium/Joint
Venture and each member of the Consortium/Joint Venture may be disqualified/
rejected. If such disqualification/rejection occurs after the Bids have been opened and
the lowest Bidder gets disqualified / rejected, then the Authority reserves the right to
annul the Bidding Process and invites fresh Bids.
2.6.3 In case it is found during the evaluation or at any time before signing of the
19
EPC Agreement or after its execution and during the period of defect liability
subsistence thereof, that one or more of the eligibility and /or qualification requirements
have not been met by the Bidder, or the Bidder has made material misrepresentation or
has given any materially incorrect or false information, the Bidder shall be disqualified
forthwith if not yet appointed as the contractor either by issue of the LOA or
entering into of the Agreement, and if the Selected Bidder has already been issued
the LOA or has entered into the Agreement, as the case may be, the same shall,
notwithstanding anything to the contrary contained therein or in this RFP, be liable to be
terminated, by a communication in writing by the Authority to the Selected Bidder or
the Contractor, as the case may be, without the Authority being liable in any manner
whatsoever to the Selected Bidder or the Contractor.
In such an event, the Authority shall be entitled to bar the Bidder from submission of Bids
in any Works/Service tender issued by Indian Railway for a period upto 5 (five years) or
forfeit and appropriate the Performance Security, as the case may be, as Damages, without
prejudice to any other right or remedy that may be available to the Authority under the
Bidding Documents and / or the EPC Agreement, or otherwise.)1
2.6.4. A Bidder shall be liable for disqualification and forfeiture of Bid Security, if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by the
Bidder, its member or any Associate thereof, as the case may be, in any manner for
matters related to or incidental to such Project during the Bidding Process or subsequent
to the (i) issue of the LOA or (ii) execution of the EPC Agreement.
In the event any such adviser is engaged by the selected Bidder or Contractor, as the
case may be, after issue of the LOA or execution of the Agreement for matters related
or incidental to the project, then notwithstanding anything to the contrary contained
herein or in the LOA or the Agreement and without Prejudice to any other right or
remedy or the Authority, including the forfeiture and appropriation of the Bid Security
or Performance Security, as the case may be, which the Authority may have there under
or otherwise, the LOA or the Agreement, as the case may be, shall be liable to be
terminated without the Authority being liable in any manner whatsoever to the Selected
Bidder or Contractor for the same.
For the avoidance or doubt, this disqualification shall not apply where such adviser was
engaged by the Bidder, its member or Associate in the past but its assignment expired or
was terminated 6 (six) months prior to the date of issue of this RFP. Nor will this
disqualification apply where such adviser is engaged after a period of 3 (three) years
from the date of commercial operation of the Project.
B. DOCUMENTS
2.7.1 This RFP comprises the Disclaimer set-forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.
Volume –I
20
Section 2. Instructions to Bidders
Section 3. Evaluation of Bids
Section 4. Fraud and Corrupt Practices
Section 5. Pre-Bid Conference
Section 6. Miscellaneous
Appendices
IA. Letter comprising the Technical Bid including Annexure I to VII
IB. Letter comprising the Financial Bid
II. Power of Attorney for signing of Bid
III. Power of Attorney for Lead Member of Consortium/Joint Venture
IV. Joint Bidding Agreement for Joint Venture/Consortium
V Bid Security
VI Affidavit to be uploaded by the Bidder along with the Bid
Volume –II
EPC Agreement Document with schedules
Volume – III
Project Report
2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in writing
by e-mail in accordance with Clause 1.2.9. They should send in their
queries on or before the date mentioned in the KIT. The Authority shall endeavour to
respond to the queries within the period specified therein, but no later than 7 (seven) days
prior to the Bid Due Date. The responses shall be uploaded on the e-Procurement
Portal without identifying the source of queries.
2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications
sought by the Bidders. However, the Authority reserves the right not to respond to
any question or provide any clarification, in its sole discretion, and nothing in this
Clause shall be taken or read as compelling or requiring the Authority to respond
to any question or to provide any clarification.
2.8.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations & clarifications to all Bidders. All clarifications &
interpretations issued by the Authority shall be deemed to be part of the Bidding
Documents. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on the
Authority.
2.9.1 At any time prior to the Bid Due Date, the Authority may, for any reason, whether at its
own initiative or in response to clarifications requested by a Bidder, modify the RFP by
the issuance of Addenda.
2.9.2 Any addendum issued hereunder will be hosted on the e-Procurement Portal.
2.9.3 In order to afford the Bidders a reasonable time for taking an addendum into account,
21
or for any other reason, the Authority may, in its sole discretion, extend the Bid Due
Date.
2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority
will evaluate only those Bids that are received online in the required formats and
complete in all respects and Original Copy of Power of Attorney and Joint Bidding
Agreement etc. are received in hard copies within time mentioned in KIT at Clause 1.1.2
of this RFP.
2.10.2 The Bid shall be typed and signed by the authorised signatory of the Bidder. All the
alterations, omissions, additions or any other amendments made to the Bid shall be
initialled by the person(s) signing the Bid.
2.11.1 The Bidder shall first upload all the project details including Technical Capacity,
Financial Capacity, Net Worth details, turnover details, and all other details required in
this RFP for technical qualification. The Bidder shall ensure that all the details are
updated as on the due date of submission of this Bid.
The Bidder shall then apply for the RFP by submitting the documents mentioned below
along with the supporting documents which shall comprise of the Technical Bid on thee-
Procurement Portal:
Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-V and
supporting certificates / documents.
(b) Power of Attorney for signing the Bid as per the format at Appendix-II;
(c) if applicable, Power of Attorney for Lead Member of Consortium/Joint Venture
as per the format at Appendix-III;
(d) if applicable, Joint Bidding Agreement for Consortium/Joint Venture as per the
format at Appendix-IV;
(e) Bid Security though [e- payment Gateway of e-Procurement Portal/Authority] OR
in the form of Bank Guarantee in the format at Appendix-V from a Bank (to be
submitted physically as well)
(f) Deleted;
(g) An undertaking from the person having Power of Attorney referred to in Sub.
Clause-(b) above that they agree and abide by the Bid Documents uploaded by
Authority and amendments uploaded, if any in the format at Appendix-VI; and
(h) copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
(i) Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture/Consortium) for preceding 5 years.
Financial Bid
(l) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online
through e-Procurement Portal on or before the Bid Due Date
22
2.11.2 The Bidder shall submit the following documents physically within time as mentioned
in Clause 1.3 :
(a) Original Power of Attorney for signing the Bid as per format at Appendix-II;
(b) if applicable, Original Power of Attorney for Lead Member of Consortium/Joint
Venture as per the format at Appendix-III;
(c) if applicable, Original Joint Bidding Agreement for Consortium/Joint Venture as
per the format at Appendix-IV;
(d) Bid Security in the form of Original Bank Guarantee in the format at Appendix-
V from a Bank
(e) Original Affidavit in the format at Appendix VI.
2.11.3 The documents listed at Clause 2.11.2 shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification “Bid for the Major
Upgradation of Prayagraj Junction Railway Station of North Central Railway” and
shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date
should be indicated on the right-hand top corner of the envelope.
2.11.4 The envelope shall be addressed to the officer and address as mentioned in the KIT:
2.11.5 If the envelope is not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement or premature opening of the
contents of the Bid submitted and consequent losses, if any, suffered by the
Bidder.
2.11.6 Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shall
be summarily rejected.
Bid comprising of the documents listed at Clause 2.11.1 of the RFP shall be
submitted online through e-Procurement Portal on or before the Bid Due Date and
Documents listed at Clause 2.11.2 of the RFP shall be physically submitted on
or before the day mentioned in the KIT at the address provided in Clause 2.11.4 in
the manner and form as detailed in this RFP. A receipt thereof should be obtained from
the person specified at Clause 2.11.4..
e-Procurement Portal shall not allow submission of any Bid after the prescribed date
and time at KIT in Clause 1.1.2. Physical receipt of documents listed at Clause
2.11.2 of the RFP after the prescribed date as mentioned in the KIT at Clause
1.1.2shall not be considered and the Bid shall be summarily rejected.
2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC)(in the name of Authorized Signatory / Firm or Organization / Owner of the
Firm or Organization) from any of the licensed Certifying Agency (Bidders can see
the list of licensed CAs from the link www.cca.gov.in) to participate in e-tendering.
23
DSC should be in the name of the authorized signatory as authorized in Appendix II
of this RFP or person executing/delegating such Appendix III in favour of Authorized
Signatory. It should be in corporate capacity (that is in Bidder capacity / in case of
Consortium/JV in the Lead Member capacity, as applicable). The Bidder shall submit
document in support of the class III DSC.In other cases, the Bid shall be considered
Non-responsive.
2.14.1.2 To participate in the Bidding, it is mandatory for the Bidders to get registered their firm
/ Consortium/Joint Venture with e-Procurement Portal to have user ID & password
which has to be obtained free of cost. Following may kindly be noted:
(a) registration with e-Procurement Portal should be valid at least up to the date of
submission of Bid.
It is also mandatory for the Bidders to get their firms registered with e-tendering
portal. The Bidders shall update their project and other details on the portal on a
regular basis and apply to the tenders via the portal.
2.14.1.3 If the firm / Consortium/Joint Venture is already registered with e-tendering service
provider, and validity of registration is not expired, then the firm / Consortium/Joint
Venture is not required a fresh registration.
2.14.1.4 The complete Bid Document can be viewed / downloaded by the Bidder from e-
Procurement Portal.
2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on the
screen. The detailed guidelines for e-procurement are also available on e-
Procurement Portal.
2.14.2.2 The documents listed at Clause 2.11.1 shall be prepared and scanned in different
files/sub files (in PDF such that file size is not more than 3.75MB) and uploaded
during the on-line submission of Bid
2.14.2.3 Bid must be submitted online only through e-Procurement Portal using the digital
signature of authorized representative of the Bidder on or before the Bid Due Date.
2.14.3.1 The Bidder may modify, substitute or withdraw its Bid after submission prior to the
Bid Due Date. No Bid can be modified, substituted or withdrawn by the Bidder on
or after the Bid Due Date & Time.
2.14.3.2 For modification of Bid, Bidder has to detach its old Bid from e-procurement portal
and upload / resubmit digitally signed modified Bid. For withdrawal of Bid, Bidder
has to click on withdrawal icon at e-Procurement Portal and can withdraw its Bid.
Before withdrawal of a Bid, it may specifically be noted that after withdrawal of a
Bid for any reason, Bidder cannot re-submit Bid again.
24
2.15 Online Opening of Bids.
2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves the right
to reject any Bid and to annul the Bidding Process and reject all Bids at any time
without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event that the
Authority rejects or annuls all the Bids, it may, in its discretion, invite all eligible
Bidders to submit fresh Bids hereunder.
2.16.2 The Authority reserves the right not to proceed with the Bidding Process at any time,
without notice or liability, and to reject any Bid without assigning any reasons.
The Bids shall be valid for a period of not less than the period specified in the KIT. The
validity of Bids may be extended by mutual consent of the respective Bidders and the
Authority.
2.18 Confidentiality
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any Bid.
D. BID SECURITY
2.20.1 The Bidder shall furnish as part of its Bid, a Bid Security, referred to in Clause 1.2.4
hereinabove through [e- payment Gateway of Authority OR in form of Bank
Guarantee from a Bank as per format at Appendix V]. A scanned copy of the e-payment
receipt OR Bank Guarantee, as the case may be, shall be uploaded on e-Procurement Portal
while applying to the tender
2.20.2 Any Bid not accompanied by the Bid Security shall be summarily rejected by the
Authority as non-responsive.
25
2.20.3 The Selected Bidder’s Bid Security will be returned, without any interest, upon the
Biddersigning the Contract Agreement and furnishing thePerformance Security in
accordance with the provisions thereof. The Authority may, at the Selected Bidder’s option,
adjust the amount of Bid Security in the amount of Performance Security to be provided by
him in accordance with the provisions of the Agreement.
2.20.4 The Authority shall be entitled to forfeit and appropriate the Bid Security as
Damages inter alia in any of the events specified in Clause 2.20.5 herein below.
The Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to have
acknowledged and confirmed that the Authority will suffer loss and damage on
account of withdrawal of its Bid or for any other default by the Bidder during the
period of Bid validity as specified in this RFP. No relaxation of any kind on Bid
Security shall be given to any Bidder.
2.20.5 The Bid Security shall be forfeited and appropriated by the Authority as damages payable
to the Authority for, inter-alia, time cost and effort of the Authority without prejudice to
any other right or remedy that may be available to the Authority under the Bidding
documents and / or under the Agreement, or otherwise, under the following conditions:
2.21.1 Within 30 (thirty) days of issue of LOA, the selected Bidder shall furnish to the
Authority an irrevocable and unconditional guarantee from a Bank in the form set
forth in EPC agreement (the “Performance Security”) for an amount as
mentioned in the KIT
26
SECTION-3
3.1.1 The Authority shall open the Bids received online as per the timeline mentioned in the
KIT, at the place specified in Clause 2.11.4(i); and in the presence of the Bidders
who choose to attend. The Authority shall prepare minutes of the Bid opening, including
information disclosed to those present at the time of Bid opening.
3.1.2 Technical Bids of those Bidders, who have not submitted their Bid online, shall not be
considered for opening and evaluation.
3.1.4 To facilitate evaluation of Technical Bids, the Authority may, at its sole discretion,
seek clarifications in writing from any Bidder regarding its Technical Bid. Such
clarification(s) shall be provided within the time specified by the Authority for this purpose.
Any request for clarification(s) and all clarification(s) in response thereto shall be in
writing. The Bids will be examined and evaluated in accordance with the
provisionssetoutinthisSection3. The Authority will subsequently flag issues, if any with the
data updated by the Bidders.
3.1.5 If a Bidder does not provide clarifications sought under Clause 3.1.4 above within the
prescribed time, its Bid may be liable to be rejected. In case the Bid is not rejected, the
Authority may proceed to evaluate the Bid by construing the particulars requiring
clarification to the best of its understanding, and the Bidder shall be barred from
subsequently questioning such interpretation of the Authority.
3.1.6.1 As a first step towards evaluation of Technical Bids, the Authority shall determine
whether each Technical Bid is responsive to the requirements of this RFP. A Technical
Bid shall be considered responsive only if:
(a) Technical Bid is received online as per the format at Appendix-IA including
Annexure I, II, III, IV, V and Appendix-VI;
(b) All Documents listed at Clause 2.11.2 are received physically within time as
mentioned in the KIT;
(c) Technical Bid is accompanied by the Bid Security as specified in Clause 1.2.4 and
2.20;
(d) The Power of Attorney is uploaded on e-Procurement Portal as specified in
Clauses 2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of
Consortium/Joint Venture and the Joint Bidding Agreement as specified in
Clause 2.1.6, if so required;
(f) Technical Bid is accompanied by Affidavit as specified in 2.11.1;
(g) Technical Bid contains all the information (complete in all respects);
(h) Technical Bid does not contain any condition or qualification; and
27
3.1.6.2 The Authority reserves the right to reject any Technical Bid which is non-responsive and
no request for alteration, modification, substitution or withdrawal shall be entertained by
the Authority in respect of such Bid.
3.1.7 In the event that a Bidder claims credit for an Eligible Project, and such claim is determined
by the Authority as incorrect or erroneous, the Authority may reject / correct such claim for
the purpose of qualification requirements.
3.1.8 The Authority will evaluate the Technical Bids for their compliance to the eligibility and
qualification requirements pursuant to Clauses 2.2.1 & 2.2.2 of this RFP.
3.1.9 After evaluation of Technical Bids, the Authority will notify the technically responsive.
Bidders whose Financial Bids shall be opened. The Authority shall notify other Bidders
that they have not been technically responsive. The Authority will not entertain any query
or clarification from Bidders who fail to qualify.
The Authority shall inform the venue and time of online opening of the Financial Bids
to the technically responsive Bidders through e-Procurement Portal and e-mail. The
Authority shall open the online Financial Bids of the technically responsive Bidders
only on scheduled date and time in the presence of the authorised representatives
of the Bidders who may choose to attend. The Authority shall publicly announce
the Bid Prices quoted by the technically responsive Bidder. Thereafter, the Authority
shall prepare a record of opening of Financial Bids.
3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose Bid is adjudged as
responsive in terms of Clause 3.1.6 and who quotes lowest price shall be declared as the
selected Bidder (the “Selected Bidder”).
3.3.2 In the event that two or more Bidders quote the same Bid Price (the "Tie Bids"), the
Authority shall identify the Selected Bidder by draw of lots, which shall be conducted,
with prior notice, in the presence of the Tie Bidders who choose to attend.
3.3.3 In the event that the Lowest Bidder is not selected for any reason except the reason
mentioned in Clause 2.1.12 (e), the Authority shall annul the Bidding Process and invite
fresh Bids.
3.3.4 After selection, a Letter of Acceptance (the “LOA”) shall be issued in duplicate, by
the Authority to the Selected Bidder and the Selected Bidder shall, within 7(seven)
days of the receipt of the LOA, sign and return the duplicate copy of the LOA in
acknowledgement thereof.
In the event the duplicate copy of the LOA duly signed by the Selected Bidder and
Original copy of Joint Venture/Consortium Agreement is/or not received by the
stipulated date, the Authority may, unless it consents to extension of time for
submission thereof, appropriate the Bid Security of such Bidder as Damages on account
of failure of the Selected Bidder to acknowledge the LOA.
28
3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause
the Bidder to submit Performance Security within the period prescribed/extended by
Authority and then execute the Agreement within the period prescribed in the KIT. The
Selected Bidder shall not be entitled to seek any deviation, modification or amendment
in the Agreement.
3.3.6 The Bid security of other than Selected Bidder shall be returned within 7 working days
of issue of LOA. The Authority shall be responsible to return the Bid Security, as above,
and the Bidders shall not be required to ask for the same.
3.3.7 In case, Selected Bidder is Consortium, then Selected Bidder have to deposit the
original copy of Consortium Agreement duly registered as per prevailing Law to
the Authority before the execution of the Agreement.
3.3.8 In case, Selected Bidder is a Joint Venture, then on issue of LOA, the Joint Venture
Agreement between members of the Joint Venture to whom work has been
awarded, with the same shareholding pattern as was declared in the Joint bidding
agreement document submitted along with RFP, shall be got registered before the
Registrar/Sub- Registrar under “The Indian Company Act-2013 (in case of
Company) or before the Registrar/Sub- Registrar under the “ The Indian
Partnership Act-1932 (in case of Partnership firm) or under LLP Act-2008 ( in case
of LLP) and deposit the Original copy of Joint Venture Agreement to the Authority
before the execution of the Agreement.
Bids shall be deemed to be under consideration immediately after they are opened and
until such time the Authority makes official intimation of award/ rejection to the Bidders.
While the Bids are under consideration, Bidders and/ or their representatives or other
interested parties are advised to refrain, save and except as required under the Bidding
Documents, from contacting by any means, the Authority and/ or their employees/
representatives on matters related to the Bids under consideration.
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any Bid.
3.6 Any information contained in the Bid shall not in any way be construed as binding on the
Authority, its agents, successors or assigns, but shall be binding against the Bidder if the
Project is subsequently awarded to it on the basis of such information.
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SECTION-4
4.1 The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent to the
issue of the LOA and during the subsistence of the Agreement. Notwithstanding
anything to the contrary contained herein, or in the LOA or the Agreement, the
Authority may reject a Bid, withdraw the LOA, or terminate the Agreement, as the case
may be, without being liable in any manner whatsoever to the Bidder, if it determines
that the Bidder, directly or indirectly or through an agent, engaged in corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice in the
Bidding Process.
In such an event, the Authority shall be entitled to forfeit and appropriate the Bid
Security or Performance Security, as the case may be, as Damages, without
prejudice to any other right or remedy that may be available to the Authority under
the Bidding Documents and/ or the Agreement, or otherwise.
4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the
rights and remedies which the Authority may have under the LOA or the
Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by
the Authority to have directly or indirectly or through an agent, engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Bidding Process, or after the issue of the LOA or the
execution of the Agreement, such Bidder shall not be eligible to participate in any
tender or RFP issued by the Authority during a period of upto 5 (five) years from the date
such Bidder, or Contractor, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the
case may be.
4.3 For the purposes of this Section 4, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected
with the Bidding Process (for avoidance of doubt, offering of employment to, or
employing, or engaging in any manner whatsoever, directly or indirectly, any
official of the Authority who is or has been associated in any manner, directly or
indirectly, with the Bidding Process or the LOA or has dealt with matters
concerning the EPC Contract or arising there from, before or after the execution
thereof, at any time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of the Authority,
shall be deemed to constitute influencing the actions of a person connected with
the Bidding Process); or (ii) save and except as permitted under Clause 2.6.4,
engaging in any manner whatsoever, whether during the Bidding Process or after
the issue of the LOA or after the execution of the EPC Contract, as the case may
be, any person in respect of any matter relating to the Project or the LOA or the
EPC Contract, who at any time has been or is a legal, financial or technical adviser
of the Authority in relation to any matter concerning the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;
30
(c) “coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;
(d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by the Authority with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence
the Bidding Process; or (ii) having a Conflict of Interest; and
31
SECTION-5
PRE-BID CONFERENCE
5.1 Pre-Bid conference of the Bidders shall be convened at the designated date, time
and place as specified in the KIT.A maximum of two representatives of
prospective Bidders shall be allowed to participate on production of authority letter
from the Bidder.
5.2 A site visit may be conducted by Bidder at the Railway Station area and gather sufficient
information and details for the purposes of bidding for the Project. During the course
of Pre-Bid conference(s), the Bidders will be free to seek
clarifications and make suggestions for consideration of the Authority. The
Authority shall endeavour to provide clarifications and such further information as it
may, in its sole discretion, consider appropriate for facilitating a fair, transparent and
competitive Bidding Process.
32
SECTION-6
MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at New Delhi shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/ or in connection with the Bidding Process.
6.2 The Authority, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further
information;
(c) retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Bidder.
6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/ or
performance of any obligations hereunder, pursuant hereto and/ or in connection
with the Bidding Process and waives, to the fullest extent permitted by applicable
laws, any and all rights and/ or claims it may have in this respect, whether actual or
contingent, whether present or in future.
33
APPENDIX –IA
Chief Engineer/Construction/HQ
North Central Railway, HQ
Subedarganj
Prayagraj-211015 (UP)
Sub: Bid for Major Upgradation of Prayagraj Junction Railway Station Project
Dear Sir,
With reference to your RFP document dated *** **$, I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our Bid for the aforesaid
Project. The Bid is unconditional and unqualified.
3. This statement is made for the express purpose of our selection as EPC Contractor for
the development, construction of the aforesaid Project and rectification of defects in
Project during the Defect Liability Period.
4. I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the Bid.
5. I/ We acknowledge the right of the Authority to reject our Bid without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.
6. I/ We certify that in the last three years, we/ any of the {Consortium/Joint Venture}
partners have neither failed to perform for the works of Railways, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against us, nor been expelled or terminated by
Ministry of Railway or its implementing agencies for breach on our part.
7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents, including
any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c)
and 2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 4.3 of the RFP document, in
34
respect of any tender or request for proposal issued by or any Agreement entered
into with the Authority or any other public sector enterprise or any government,
Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on
our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice; and
(e) the undertakings given by us along with the Bid in response to the
RFP for the Project were true and correct as on the date of making the Bid and
are also true and correct as on the Bid Due Date and I/we shall continue to abide by
them.
8. I/ We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any Bid that you may receive nor to invite the
Bidders to Bid for the Project, without incurring any liability to the Bidders, in
accordance with Clause 2.16.2 of the RFP document.
11. I/ We certify that in regard to matters other than security and integrity of the country,
we/ any member of the {Consortium/Joint Venture} or any of our/their {
Consortium/Joint Venture} member have not been convicted by a Court of Law or
indicted or adverse orders passed by a regulatory authority which could cast a doubt on
our ability to undertake the Project or which relates to a grave offence that outrages
the moral sense of the community.
12. I/ We further certify that in regard to matters relating to security and integrity of the
country, we/ any member of the { Consortium/Joint Venture} or any of our/their {
Consortium/Joint Venture} member have not been charge-sheeted by any agency of
the Government or convicted by a Court of Law.
14. I/ We further certify that we are not disqualified in terms of the additional criteria specified
by the Department of Disinvestment in their OM No. 3/9/2016-DoD-II-B dated
28.09.2017, a copy of which forms part of the RFP at Annexure VI of Appendix-IA
thereof.
15. I/ We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification in terms of
the guidelines referred to above, we shall intimate the Authority of the same
immediately.
35
16. I/We further acknowledge and agree that in the event such change in control occurs
after signing of the Agreement upto its validity. It would, notwithstanding anything
to the contrary contained in the Agreement, be deemed a breach thereof, and the
Agreement shall be liable to be terminated without the Authority being liable to us in
any manner whatsoever.
17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage
at law or howsoever otherwise arising to challenge or question any decision taken by
the Authority in connection with the selection of the Bidder, or in connection with
the Bidding Process itself, in respect of the above mentioned Project and the terms
and implementation thereof.
18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into
an Agreement in accordance with the EPC Agreement that has been provided to me/us
prior to the Bid Due Date. We agree not to seek any changes in the aforesaid EPC
agreement and agree to abide by the same.
19. I/ We have studied all the Bidding Documents carefully and also surveyed the
[project]. We understand that except to the extent as expressly set forthin the
Agreement, we shall have no claim, right or title arising out of any documents or
information provided to us by the Authority or in respect of any matter arising out
of or relating to the Bidding Process including the award of Agreement.
20. I/ We offer a Bid Security of Rs.2 Crores (Rupees Two Crores only) to the Authority in
accordance with the RFP Document.
21. The Bid Security in the form of a e-payment receipt OR in the form of Bank Guarantee is
attached.
22. The documents accompanying the Technical Bid, as specified in Clause 2.11.1 of the
RFP, have been submitted in separate files.
23. I/ We agree and understand that the Bid is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if the
Project / Contract is not awarded to me/us or our Bid is not opened or rejected.
24. The Bid Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, EPC Agreement, our own estimates of
costs and after a careful assessment of the site and all the conditions that may affect
the project cost and implementation of the project.
25. I/ We agree and undertake to abide by all the terms and conditions of the RFP
document.
26. I/We, the {Consortium/Joint Venture} agree and undertake to be jointly and
severally liable for. all the obligations of the EPC Contractor under the Contract
Agreement}.
27. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the Bid
Due Date specified in the RFP.
28 I/ We hereby submit our Bid for undertaking the aforesaid Project in accordance with
the terms of the RFP document and the EPC Agreement.
36
29. I/We have read the clause regarding restriction on procurement from a bidder of a country
which shares a land border with India and certify that I/We am/are not from such a country
or, if from such a country, has been registered with the competent Authority. I/We hereby
certify that I/we fulfills all the requirements in this regard and am/are eligible to be
considered (evidence of valid registration by the competent authority is enclosed).
In witness thereof, I/we submit this Bid under and in accordance with the terms of the
RFP document.
Yours faithfully,
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there
37
APPENDIX – IB
Sub: Bid for Major Upgradation of Prayagraj Junction Railway Station Project
Dear Sir,
With reference to your RFP document dated 15.06.2022, I/we, having examined the
Bidding Documents and understood their contents, hereby submit my/our Financial Bid
for the aforesaid Project. The Bid is unconditional and unqualified.
3. The Bid Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, EPC Agreement, our own estimates of
costs and after a careful assessment of the site and all the conditions that may affect
the project cost and implementation of the project.
4. I/ We acknowledge the right of the Authority to reject our Bid without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into
an Agreement in accordance with the that has been provided to me/us prior to the
Bid Due Date. We agree not to seek any changes in the aforesaid and agree to abide
by the same.
6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the Bid
Due Date specified in the RFP.
7. I/ We have quoted Bid Price on e-Procurement Portal for undertaking the aforesaid
Project in accordance with the terms of the RFP document and the EPC Agreement.
Yours faithfully,
38
Appendix IA
Annex-I
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in
India:
(d) Date of incorporation and/ or commencement of business:
3. Details of individual(s) who will serve as the point of contact/ communication for
the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
………contd
Appendix IA
$
All provisions contained in curly parenthesis shall be suitably modified by the Bidders to reflect the particulars
relating to such Bidder.
39
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14foreach member
of the {Consortium/Joint Venture}:
Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the {Consortium/Joint Venture}
been barred by the Ministry of Railway or its implementing agencies
for the works of Railway, from participating in Bidding.
2 If the answer to 1 is yes, does the bar subsist as on Bid due date.
6(a) I/ We certify that in the last three years, we/ any of the {Consortium/Joint Venture}
partners have neither failed to perform for the works of Railways as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitral award against us, nor been expelled or terminated by
Ministry of Railway or its implementing agencies for breach on our part.
(b) I/ We certify that we/ any of the {Consortium/Joint Venture} partners do not fall in
any of the categories of being a Non-Performing entity given at Clause 2.1.14 of
Instructions to Bidders in the projects of Ministry of Railways or its implementing
agencies and furnished the complete details.
I/ We certify that the list is complete and covers all the projects of Ministry of Railways or
its implementing agencies and that we/ any of the {Consortium/Joint Venture} partners do
not fall in any of the above categories of being a Non-Performing entity.
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………………..
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there
40
Appendix IA
Annex-II
ANNEX-II
Single a
entity
Bidder b
or
Members of c
the
d
Consortium
/ Joint e
Venture
f
@ Provide details of only those Eligible Projects that have been undertaken by the Bidder,
or its member in case of Consortium/Joint Venture, under its own name and/ or by an
Associate specified in Clause 2.2.2.6. In case the Bid Due Date falls within 3 (three)
months of the close of the latest Financial Year, refer to Clause 2.1.13. For the Eligible
Projects please refer Clause 2.2.2.1
#
In case credit is claimed for an Associate, necessary evidence to establish the
relationship of the Bidder with such Associate, in terms of Clause 2.2.2.6, shall be
provided.
* Refer Annex-IV of this Appendix-IA. Add more rows if necessary.
** Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project.
In no case shall the cost of land be included while computing the Technical Capacity
from an Eligible Project.
$$ The conversion rate of USD into Rupees shall be the daily representative exchange rates
published by the Reserve Bank of India or entity authorized by RBI to do so for the
relevant date. Where relevant date should be as on the date 60 (Sixty) days prior to the
Bid Due Date. In case of any other currency, the same shall first be converted to US
Dollars as on the date 60 (sixty) days prior to the Bid Due Date, and the amount so derived
41
in US Dollars shall be converted into Rupees at the aforesaid rate. The conversion rate
of such currencies shall be the daily representative exchange rates published by the
International Monetary Fund for the relevant date.
ii) Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there
42
Appendix IA
Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.2, 2.2.2.5(ii), 2.2.2.4(iii) of the RFP)
(In Rs. crore$)
Bidder type $$ Net Cash Accruals Net Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Member of the
Consortium/Joint Venture
TOTAL
Instructions:
1. The Bidder shall attach copies of the balance sheets, financial statements and Annual
Reports for 5 (five) years preceding the Bid Due Date. The financial statements shall:
(a) reflect the financial situation of the Bidder and its Associates where the Bidder
is relying on its Associate’s financials;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no statements
for partial periods shall be requested or accepted).
3. Net Worth (the “Net worth”) shall meanthe aggregate value of the paid-up share capital
and all reserves created out of the profits and securities premium account, after
deducting the aggregate value of the accumulated losses, deferred expenditure and
miscellaneous expenditure not written off, as per the audited balance sheet, but does
not include reserves created out of revaluation of assets, write-back of depreciation and
amalgamation.
43
4. Year 1 will be the latest completed Financial Year, preceding the Bidding. Year 2 shall
be the year immediately preceding Year 1 and so on. In case the Bid Due Date falls
within 3 (three) months of the close of the latest Financial Year, refer to Clause 2.1.13.
5. In the case of a {Consortium/Joint Venture}, a copy of the Jt. Bidding Agreement shall
be submitted in accordance with Clause 2.1.11 (f) of the RFP document.
6. The Bidder shall also provide the name and address of the Bankers to the Bidder.
7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the Bidder
and also specifying the methodology adopted for calculating such net worth in
accordance with Clause 2.2.2.5 (ii) of the RFP document.
44
Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.1, 2.2.2.3 and 2.2.2.6 of the RFP)
Project Code:
Entity: Bidder/Member(including associates if any) of Consortium/Joint Venture
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. Information provided in this section is intended to serve as a backup for
information provided in the Bid. Bidders should also refer to the Instructions below.
2
Please refer Clause 2.2.2.1 for Eligible Project in reference to the Client being Govt. department or private firm
45
5. Deleted
6. The total payments received are to be stated for each Eligible Project in Annex-II of this
Appendix-IA. The figures to be provided here should indicate the break-up for the past 5
(five) Financial Years. Year 1 refers to the Financial Year immediately preceding the Bid
Due Date; Year 2 refers to the year before Year 1, Year 3 refers to the year before Year
2, and so on (Refer Clause 2.1.13). Receipts for construction works should only include
capital expenditure, and should not include expenditure on repairs and maintenance.
7. Deleted
8. Deleted
9. Deleted
10. Deleted
11. Experience for any activity relating to an Eligible Project shall not be claimed twice. In
other words, no double counting in respect of the same experience shall be permitted in
any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be furnished
as per formats below for each Eligible Project. In jurisdictions that do not have statutory
auditors, the auditors who audit the annual accounts of the Bidder/ Associate may provide
the requisite certification.
13. Deleted
14. If the Bidder is claiming construction experience , it should provide a certificate from its statutory auditors
or the client in the format below:
Based on its books of accounts and other published information authenticated by it, {this is to certify that
…………………….. (name of the Bidder/ Associate) was engaged by ……………….. (title of the project company)
to execute ……………… (name of project) for …………………. (nature of project)}. The construction of the
project commenced on ………….. (date) and the project was/ is likely to be commissioned on …………… (date, if
any). It is certified that ……………. (name of the Bidder/ Associate) received Rs. ……….. cr. (Rupees
…………………………… crore) by way of payment for the aforesaid construction works.
We further certify that the payment for the aforesaid construction works is for not less than 75 (seventy-five) per
cent value of awarded project cost as per the original agreement of such project.
We further certify that the estimated capital cost as per the original agreement of the project is Rs. …… cr. (Rupees
…………………crore), of which the Bidder/ Associate received Rs. ……… cr. (Rupees ………………………
$
In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary.
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company.
46
crore), in terms of Clauses 2.2.2.1 of the RFP, during the past five Financial Years as per year-wise details noted
below:
……………………….
………………………
{It is further certified that the receipts indicated above are restricted to the share of the Bidders who undertook
these works as a partner or a member of Consortium/Joint Venture.}
15. In the event that credit is being taken for the Eligible Projectof an Associate, as defined in Clause 2.2.2.6,
the Bidder should also provide a certificate in the format below:
Based on the authenticated record of the Company, this is to certify that more than 50% (fifty per cent)
of the subscribed and paid up voting equity of ……………… (name of the Associate) is held, directly or
indirectly£, by ……………….. (name of Bidder). By virtue of the aforesaid share-holding, the latter
exercises control over the former, who is an Associate in terms of Clause 2.2.2.6 of the RFP.
A brief description of the said equity held, directly or indirectly, is given below:
16. It may be noted that in the absence of any detail in the above certificates, the information would be
considered inadequate and could lead to exclusion of the relevant project in computation of Technical and
Financial capacity.
This certification should only be provided in case of jobs/ contracts, which are executed as part of a
partnership/ Consortium. The payments indicated in the certificate should be restricted to the share of Bidder
in such partnership/ Consortium/Joint Venture. This portion may be omitted if the contract did not involve
a partnership/ Consortium/Joint Venture”. In case where work is not executed by partnership/
Consortium/Joint Venture, this paragraph may be deleted.
$
In the event that the Bidder/Consortium/Joint Venture members exercises control over an Associate by
operation of law, this certificate may be suitably modified and copies of the relevant law may be enclosed
and referred to.
£
In the case of indirect share-holding, the intervening companies in the chain of ownership should also be
Associates i.e., the share-holding in each such company should be more than 50% in order to establish
that the chain of “control” is not broken.
Deleted.
47
Appendix -IA
Annex-V
ANNEX-V
Statement of Legal Capacity
Ref. Date:
To,
***********
***********
Dear Sir,
We hereby confirm that we/ our members in the {Consortium/Joint Venture} (constitution of
which has been described in the Bid) satisfy the terms and conditions laid out in the RFP
document.
We have agreed that …………………… (insert member’s name) will act as the Lead Member of
our {Consortium/Joint Venture}.*
We have agreed that ………………….. (insert individual’s name) will act as our representative/
will act as the representative of the {Consortium/Joint Venture} on its behalf* and has been duly
authorized to submit the RFP. Further, the authorised signatory is vested with requisite powers to
furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there
48
APPENDIX-IA
Annexure VI
ANNEX-VI
No. 3/9/2016-DoD-II-B
Government of India
Department of Investment & Public Asset Management
Block 14, CGO Complex
New Delhi.
OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector Enterprises
through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for bidders interested in PSE-disinvestment so that the parties selected
through competitive bidding could inspire public confidence. Earlier, criteria like net worth,
experience etc. used to be prescribed.
Based on experience and in consultation with concerned departments, Government has decided
to prescribe the following additional criteria for the qualification/ disqualification of the parties
seeking to acquire stakes in public sector enterprises through disinvestment:
(a) In regard to matters other than the security and integrity of the country, any conviction by a
Court of Law or indictment/ adverse order by a regulatory authority that casts a doubt on the
ability of the bidder to manage the public sector unit when it is disinvested, or which relates
to a grave offence would constitute disqualification. ‘Grave Offence’ is defined to be of such
a nature that it outrages the moral sense of the community. The decision in regard to the nature
of the offence would be taken on case-to-case basis after considering the facts of the case and
relevant legal principles, by the Government of India. ‘Grave Offence’ would include the
below noted cases:
a. Only those orders of SEBI are to be treated as coming under the category of
‘Grave Offences’ which directly relate to ‘Fraud’ as defined in the SEBI Act
and / or regulations.
b. Only those orders of SEBI that cast a doubt on the ability of the bidder to
manage the public-sector unit, when it is disinvested, are to be treated as
adverse.
c. Any conviction by Court of Law.
49
d. In cases in which SEBI also passes a prosecution order, disqualification of the
bidder should arise only on conviction by the Court of Law.
(b) In regard to matters relating to the security and integrity of the country, any charge-sheet by
an agency of the Government/ conviction by a Court of Law for an offence committed by the
bidding party or its Associate Company as defined in Companies Act, 2013 would result in
disqualification. The decision in regard to the relationship inter se between the concerns
would be taken based on the relevant facts and after examining whether the two concerns are
substantially controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that Government deems
appropriate.
(d) Any bidder, which is disqualified from participating in the disinvestment process, would not
be allowed to remain associated with it or get associated merely because it has preferred an
appeal against the order, based on which it has been disqualified. The mere pendency of
appeal will have no effect on the disqualification.
(e) The disqualification criteria would come into effect immediately and would apply to all
bidders for various disinvestment transactions, which have not been completed as yet.
(f) Before disqualifying a bidder, a Show Cause Notice why it should not be disqualified would
be issued to it and it would be given an opportunity to explain its position.
(g) These criteria will be prescribed in the advertisements seeking Expression of Interest (EOI)
from the interested parties. The interested parties would be required to provide the
information on the above criteria, along with their Expressions of Interest (EOI). The bidders
shall be required to provide with their EOI an undertaking to the effect that no investigation
by a regulatory authority, which if decided against the bidder, may disqualify the bidder in
terms of (a) & (b) above or the eligibility criteria prescribed in the EoI, is pending against
them. In case any investigation is pending in case which if decided against the bidder, may
disqualify the bidder in terms of (a) & (b) above on the eligibility criteria prescribed in the
EoI against the bidder or the concern in which the bidder has substantial interest or against its
CEO or any of its Directors/Managers/, full details of such investigation including the name
of the investigating agency, the charge/ offence for which the investigation has been launched,
name and designation of persons against whom the investigation has been launched and other
relevant information should be disclosed, to the satisfaction of the Government. For other
criteria also, a similar undertaking shall be filed along with EOI.
sd/-
(Aseem Kumar Jha)
Under Secretary to the Government of India
50
APPENDIX-IA
Annexure VII
ANNEX-VII
RESTRICTIONS UNDER RULE 144 OF GFR 2017
51
APPENDIX-II
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us.
52
Notes:
▪ 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 when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
▪ Wherever required, the Bidder should submit for verification the extract of the charter documents
and documents such as a board or shareholders’ resolution/ power of attorney in favour of the
person executing this Power of Attorney for the delegation of power hereunder on behalf of the
Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is
being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian
Embassy if it carries a conforming Appostille certificate.
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there
53
APPENDIX-III
Whereas the [Railways] (the “Authority”) has invited Bids for the ***** Project (the “Project”).
Whereas, it is necessary for the Members of the {Consortium/Joint Venture} to designate one of
them as the Lead Member with all necessary power and authority to do for and on behalf of the
{Consortium/Joint Venture}, all acts, deeds and things as may be necessary in connection with
the {Consortium’s/Joint Venture}Bid for the Project and its execution.
We, …… having our registered office at ……., M/s. ….. having our registered office at …, M/s.
… having our registered office at ….., and ….. having our registered office at ………, (hereinafter
collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute,
appoint and authorize M/s ……. having its registered office at ………., being one of the Members
of the {Consortium/Joint Venture}, as the Lead Member and true and lawful attorney of the
Consortium/Joint Venture (hereinafter referred to as the “Attorney”). We hereby irrevocably
authorize the Attorney (with power to sub-delegate) to conduct all business for and on behalf of
the { Consortium/Joint Venture} and any one of us during the Bidding process and, in the event
the {Consortium/Joint Venture} is awarded the contract, during the execution of the Project and
in this regard, to do on our behalf and on behalf of the { Consortium/Joint Venture}, all or any of
such acts, deeds or things as are necessary or required or incidental to the pre-qualification of the
{ Consortium/Joint Venture} and submission of its Bid for the Project, including but not limited
to signing and submission of all applications, Bids and other documents, signing bank Guarantee
for Bid security and writings, participate in pre Bid and other conferences, respond to queries,
submit information/ documents, sign and execute contracts and undertakings consequent to
acceptance of the Bid of the { Consortium/Joint Venture} and generally to represent the {
Consortium/Joint Venture} in all its dealings with the Authority, and/ or any other Government
Agency or any person, in all matters in connection with or relating to or arising out of the
{Consortium/Joint Venture}Bid for the in all respect Project and/ or upon award thereof till the
EPC Contract is entered into with the Authority & Compelled.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us/ {Consortium/Joint Venture}.
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IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…
Witnesses:
1.
2.
Notes:
▪ 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 when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
▪ Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is
being issued. However, the Power of Attorney provided by Bidders from countries that have
signed Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it
carries a conforming Appostille certificate.
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there
55
APPENDIX IV
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of …………
20…
AMONGST
1. {………… Limited, and having its registered office at ………… } (hereinafter referred
to as the “First Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)
AND
2. {………… Limited, having its registered office at ………… }and (hereinafter referred to
as the “Second Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)
AND
3. {………… Limited, and having its registered office at …………} (hereinafter referred to
as the “Third Part” which expression shall, unless repugnant to the context include its successors
and permitted assigns)
The above mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively
referred to as the “Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) The President of India represented by the Chief Engineer/Construction/HQ, North Central
Railway (hereinafter referred to as the “Authority” which expression shall, unless
repugnant to the context or meaning thereof, include its administrators, successors and
assigns) (the “Authority”), having its principal office at Subedarganj, Prayagraj, UP-
211015, India is engaged in the development of railways and related infrastructure, and as
part of this endeavour, has invited Bids (the Bids”) by its Request for Proposal No.
DYCEC-PRYJ-EPC-SD-2022-01 dated 15/06/2022 (the “RFP”) for award of contract for
undertaking the Major Upgradation of Prayagraj Junction Railway Station at Prayagraj
(the “Project”) through an Engineering, Procurement and Construction (the “EPC”)
Contract.
(B) The Parties are interested in jointly Bidding for the Project as members of a {
Consortium/Joint Venture} and in accordance with the terms and conditions of the RFP
document and other Bid documents in respect of the Project, and
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(C) It is a necessary condition under the RFP document that the members of the
{Consortium/Joint Venture} shall enter into a Joint Bidding Agreement and furnish a copy
thereof with the Application.
In this Agreement, the capitalized terms shall, unless the context otherwise requires, have
the meaning ascribed thereto under the RFP.
2. {Consortium/Joint Venture}
2.2 The Parties hereby undertake to participate in the Bidding Process only through this
{Consortium/Joint Venture} and not individually and/ or through any other
{Consortium/Joint Venture} constituted for this Project, either directly or indirectly.
3. Covenants
The Parties hereby undertake that in the event the {Consortium/Joint Venture} is declared
the Selected Bidder and awarded the Project, it shall enter into an EPC Contract with the
Authority for performing all its obligations as the Contractor in terms of the EPC Contract
for the Project.
The Parties hereby undertake to perform the roles and responsibilities as described below:
(a) Party of the First Part shall be the Lead member of the {Consortium/Joint Venture} and
shall have the power of attorney from all Parties for conducting all business for and on
behalf of the {Consortium/Joint Venture} during the Bidding Process and for performing
all its obligations as the Contractor in terms of the EPC Contract for the Project;
(b) Party of the Second Part shall be {the member of the Consortium/Joint Venture}; and
(c) Party of the Third Part shall be {the member of the Consortium/Joint Venture.}
The Parties do hereby undertake to be jointly and severally responsible for all obligations
and liabilities relating to the Project and in accordance with the terms of the RFP and the
EPC Contract, till such time as the completion of the Project is achieved under and in
accordance with the EPC Contract.
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The Parties agree that the proportion of construction in the EPC Contract to be allocated
among the members shall be as follows:
First Party:
{Second Party:}
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 50 (fifty) per cent of
the works as per the EPC Agreement if the Contract is allocated to the {Consortium/Joint
Venture}
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organized, validly existing and in good standing under the laws
of its incorporation and has all requisite power and authority to enter into this
Agreement;
(b) The execution, delivery and performance by such Party of this Agreement has
been authorized by all necessary and appropriate corporate or governmental action
and a copy of the extract of the charter documents and board resolution/ power of
attorney in favour of the person executing this Agreement for the delegation of
power and authority to execute this Agreement on behalf of the {Consortium/Joint
Venture} Member is annexed to this Agreement, and will not, to the best of its
knowledge:
(ii) violate any Applicable Law presently in effect and having applicability to
it;
(v) create or impose any liens, mortgages, pledges, claims, security interests,
charges or Encumbrances or obligations to create a lien, charge, pledge,
security interest, encumbrances or mortgage in or on the property of such
Party, except for encumbrances that would not, individually or in the
aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement;
58
(c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge, threatened
to which it or any of its Affiliates is a party that presently affects or which would
have a material adverse effect on the financial condition or prospects or business
of such Party in the fulfillment of its obligations under this Agreement.
8. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and
effect until Project completion (the “Defects Liability Period”) is achieved under and in
accordance with the EPC Contract, in case the Project is awarded to the {Consortium/Joint
Venture} However, in case the {Consortium/Joint Venture} is either not pre-qualified for
the Project or does not get selected for award of the Project, the Agreement will stand
terminated in case the Bidder is not pre-qualified or upon return of the Bid Security by
the Authority to the Bidder, as the case may be.
9. Miscellaneous
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Authority.
1………………. 2.............................
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executants(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
59
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and
documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of the
{Consortium/Joint Venture} Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalized by
the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.
60
APPENDIX-V
BID SECURITY
1. In consideration of you, ****, having its office at ****, (hereinafter referred to as the
“Authority”, which expression shall unless it be repugnant to the subject or context thereof
include its, successors and assigns) having agreed to receive the Bid of ……………………
and having its registered office at ……………………… (and acting on behalf of its
JV/Consortium) (hereinafter referred to as the “Bidder” which expression shall unless it be
repugnant to the subject or context thereof include its/their executors, administrators,
successors and assigns), for the*** ** Project on EPC basis (hereinafter referred to as “the
Project”) pursuant to the RFP Document dated …………… issued in respect of the Project
and other related documents including without limitation the EPC contract Agreement
(hereinafter collectively referred to as “Bidding Documents”), we (Name of the Bank) having
our registered office at ………………… and one of its branches at ……………………..
(Hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms of
Clause 1.2.4 read with Clause 2.20 of the RFP Document, irrevocably, unconditionally and
without reservation guarantee the due and faithful fulfilment and compliance of the terms and
conditions of the Bidding Documents (including the RFP Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of Rs.
*** ** (Rupees *** ** only) (hereinafter referred to as the “Guarantee”) as our primary
obligation without any demur, reservation, recourse, contest or protest and without reference
to the Bidder if the Bidder shall fail to fulfil or comply with all or any of the terms and
conditions contained in the said Bidding Documents.
2. Any such written demand made by the Authority stating that the Bidder is in default of the
due and faithful fulfilment and compliance with the terms and conditions contained in the
Bidding Documents shall be final, conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under
this Guarantee without any demur, reservation, recourse, contest or protest and without any
reference to the Bidder or any other person and irrespective of whether the claim of the
Authority is disputed by the Bidder or not, merely on the first demand from the Authority
stating that the amount claimed is due to the Authority by reason of failure of the Bidder to
fulfil and comply with the terms and conditions contained in the Bidding Documents
including failure of the said Bidder to keep its BID open during the BID validity period as set
forth in the said Bidding Documents for any reason whatsoever. Any such demand made on
the Bank shall be conclusive as regards amount due and payable by the Bank under this
Guarantee. However, our liability under this Guarantee shall be restricted to an amount not
exceeding Rs. *** **(Rupees *** ** only).
61
4. This Guarantee shall be irrevocable and remain in full force for a period of [180 (one hundred
and eighty)] days from the BID Due Date inclusive of a claim period of 60 (sixty) days or for
such extended period as may be mutually agreed between the Authority and the Bidder, and
agreed to by the Bank, and shall continue to be enforceable till all amounts under this
Guarantee have been paid.
5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to whether
the Bidder is in default of due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Documents including, inter alia, the failure of the Bidder
to keep its BID open during the BID validity period set forth in the said Bidding Documents,
and the decision of the Authority that the Bidder is in default as aforesaid shall be final and
binding on us, notwithstanding any differences between the Authority and the Bidder or any
dispute pending before any Court, Tribunal, Arbitrator or any other Authority.
6. The Guarantee shall not be affected by any change in the constitution or winding up of the
Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with
any other person.
7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank
as the principal debtor. The Authority shall have the fullest liberty without affecting in any
way the liability of the Bank under this Guarantee from time to time to vary any of the terms
and conditions contained in the said Bidding Documents or to extend time for submission of
the BIDs or the BID validity period or the period for conveying acceptance of Letter of Award
by the Bidder or the period for fulfilment and compliance with all or any of the terms and
conditions contained in the said Bidding Documents by the said Bidder or to postpone for any
time and from time to time any of the powers exercisable by it against the said Bidder and
either to enforce or forbear from enforcing any of the terms and conditions contained in the
said Bidding Documents or the securities available to the Authority, and the Bank shall not
be released from its liability under these presents by any exercise by the Authority of the
liberty with reference to the matters aforesaid or by reason of time being given to the said
Bidder or any other forbearance, act or omission on the part of the Authority or any
indulgence by the Authority to the said Bidder or by any change in the constitution of the
Authority or its absorption, merger or amalgamation with any other person or any other matter
or thing whatsoever which under the law relating to sureties would but for this provision have
the effect of releasing the Bank from its such liability.
8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or
made if addressed to the Bank and sent by courier or by registered mail to the Bank at the
address set forth herein.
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9. We undertake to make the payment on receipt of your notice of claim on us addressed to
[name of Bank along with branch address] and delivered at our above branch which shall be
deemed to have been duly authorised to receive the said notice of claim.
10. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable against
the Bank, notwithstanding any other security which the Authority may have obtained from
the said Bidder or any other person and which shall, at the time when proceedings are taken
against the Bank hereunder, be outstanding or unrealised.
11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with
the previous express consent of the Authority in writing.
12. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute this
Guarantee for and on behalf of the Bank.
13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to
Rs. *** crore (Rupees *** ** crore only). The Bank shall be liable to pay the said amount or any
part thereof only if the Authority serves a written claim on the Bank in accordance with paragraph
9 hereof, on or before [*** (indicate date falling [180 days] after the BID Due Date)].
14. This guarantee shall also be operatable at our……………….. Branch at [New Delhi], from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation
15. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) platform & shall invariably send an advice of this Bank Guarantee to the designated bank
of [Ministry/…….], details of which is as under:
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APPENDIX-VI
1. I/We the Bidder(s), am/are signing this document after carefully reading the contents.
2. I/We the Bidder(s) also accept all the conditions of the tender and have signed all the pages
in confirmation thereof.
3. I/We hereby declare that I/We have downloaded the Bidding documents from Indian Railway
website [www.ireps.gov.in]. I/we have verified the content of the document from the website
and there is no addition, no deletion or no alteration to the content of the Bidding document.
In case of any discrepancy noticed at any stage i.e. evaluation of bids, execution of work or
final payment of the contract, the master copy available with the Authority shall be final and
binding upon me/us.
4. I/We declare and certify that I/We have not made any misleading or false representation in
the forms, statements and attachments in proof of the qualification requirements.
5. I/We also understand that my/our offer will be evaluated based on the documents/credentials
submitted along with the offer and same shall be binding upon me/us.
6. I/We declare that the information and documents submitted along with the bid by me/us are
correct and I/We are fully responsible for the correctness of the information and documents
submitted by us.
7. I/We undersigned that if the certificates regarding eligibility criteria submitted by us are found
to be forged/false or incorrect at any time during process for evaluation of bids, it shall lead
to forfeiture of the Bid Security besides banning of business for a period upto 5 (five) years.
Further, I/We (insert name of the Bidder) **____________ and all my/our constituents
understand that my/our Bid shall be summarily rejected.
8. I/We also understand that if the certificates submitted by us are found to be false/forged or
incorrect at any time after the award of the contract, it will lead to termination of the contract,
along with forfeiture of Bid Security and Performance Security besides any other action
provided in the contract including banning of business for a period up-to 5 (five) years on
entire Indian Railways.
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DEPONENT
SEAL AND SIGNATURE OF THE BIDDER
VERIFICATION
I/We above named Bidder do hereby solemnly affirm and verify that the contents of my/our above
affidavit are true and correct. Nothing has been concealed and no part of it is false.
DEPONENT
SEAL AND SIGNATURE OF THE BIDDER
Place:
Dated:
**The contents in Italic are only for guidance purpose. Details as appropriate, are to be filled in
suitably by the Bidder. Attestation before Magistrate/Notary Public.
65