RFP Epc NDLS
RFP Epc NDLS
for
October, 2022
2 Instructions to Bidders 13
A General 13
2.1 General terms of Bidding 13
2.2 Eligibility and qualification requirement of Bidder 15
2.3 Proprietary Data 20
2.4 Cost of Bidding 20
2.5 Site visit and verification of information 20
2.6 Verification and Disqualification 21
B Documents 22
2.7 Contents of the RFP 22
2.8 Clarifications 23
2.9 Amendment of RFP 23
D Bid Security 28
2.20 Bid Security 28
2.21 Performance Security 28
Appendices
IA Letter comprising the Technical Bid 37
Annexures to Appendix IA
I Details of Bidder 41
II Technical Capacity of the Bidder 43
III Financial Capacity of the Bidder 44
IV Details of Projects demonstrated for eligibility criteria 46
V Statement of legal capacity 49
VI Guidelines of the Department of Disinvestment 50
VII Restrictions under Rule GFR 2017 in respect of 52
sharing of land border
IB Letter comprising the Financial Bid 53
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.
SECTION - 1
INTRODUCTION
1.1 Background
1.1.1 Rail Land Development Authority (RLDA), a statutory body under Ministry of Railways,
having its principal office at Unit-702-B, 7th floor, DMRC Building, Konnectus Tower-
2, Ajmeri Gate, Delhi-110002, (the “Authority”) is engaged in the development of
railway stations and related infrastructure, and as part of this endeavour, the Authority
has decided to undertake the Redevelopment Project of New Delhi Railway Station and
construction of associated Infrastructure (the “Project”) through Engineering,
Procurement and Construction (the “EPC”) contract, and has decided to carry out a single
stage two packet bidding process (an open Tender) for selection of a Bidder to whom the
Project may be awarded.
1.1.2 The brief particulars of the Project and the Bidding Process are as follows in the Key
Information Table (KIT):
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 of Redeveloped Project of New Delhi Railway Station including but not
limited to undertaking civil works and MEP works for station building, and associated
infrastructure comprising mainly of dedicated access roads (Elevated/At-Grade), Multi
Modal Transit Hub (MMTH) Buildings, Residential Towers, development of surrounding
circulation area, etc. as per the terms of the EPC Contract. The detailed scope is provided
as part of Volume II: EPC Agreement of this RFP comprising following documents:
(i) Volume – II:
Draft EPC Agreement
(ii) Volume – III:
Schedule A (Project Site Details)
Schedule B (Scope of Work)
(iii) Volume – IV:
Schedule C (Authority Requirements, Controls and Specifications)
(iv) Volume – V:
Schedule D (General Specifications and Standards)
(v) Volume – VI:
Schedule E (Tender Drawings and Other Guidance)
(vi) Volume – VII:
Consultant’s Reports
1.1.4 Deleted.
1.1.5 The draft EPC Agreement, along with its various Schedules/Appendices/Annexures, 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
Redevelopment Project of New Delhi Railway Station on EPC mode Page 10 of 60
Volume – I: Request for Proposal Section - 1 : Introduction
(collectively the "Bidding Documents"), and all Bids shall be prepared and submitted in
accordance with such terms on or before the Bid Due Date and time as specified in the
KIT provided at 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 1 st part
(the “Technical Bid”) of the process involves qualification (the “Qualification”) of
the interested parties who submits a Bid in accordance with the provisions of this
RFP (the “Bidder”). The 2nd part 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 2 nd 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 public sector enterprise through the process
of disinvestment. These guidelines shall apply mutatis mutandis to this Bidding
Process. The Authority has the right 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 mentioned in the KIT (Item at S.No.13).
1.2.3 The Bidding Documents including the draft EPC Agreement for the Project along with
all other relevant documents are enclosed for information of the Bidders. The aforesaid
documents and any addenda issued subsequent to issue of this RFP document will
automatically be the part of the Bidding Documents.
1.2.4 A Bidder is required to submit, along with its Bid, a Bid Security equivalent to the amount
as mentioned in the KIT (the "Bid Security"), which will be 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 Bid Security through [e- payment Gateway of e- Procurement
Portal/Authority OR in form of Bank Guarantee as per the format at Appendix III]. The
Bid shall be summarily rejected if it is not accompanied by the prescribed amount of Bid
Security. The Bid document shall be available at a price as mentioned in the KIT (Item at
S.No. 9).
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 quoted 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
Redevelopment Project of New Delhi Railway Station on EPC mode Page 11 of 60
Volume – I: Request for Proposal Section - 1 : Introduction
Project after completion of the Construction Period (the “Defect Liability Period”) shall
be pre-determined, and are specified in the draft 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
2.1.12.5, 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.
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 the KIT (Item at S.No. 12) by the specified
date and time. The envelopes/ communication shall clearly bear the following
identification/ title:
"Queries / Request for Additional Information: RFP for Redevelopment Project
of New Delhi Railway Station and construction of associated Infrastructure.”
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.
2.1.2 Deleted
2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft 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,
authorizing the signatory of the Bid to commit the Bidder.
2.1.6 Deleted
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.
2.1.9 This RFP document is not transferable.
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 become the property of Authority and
are transmitted to the Bidders solely for the purpose of preparation and submission of the
Bids 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
Bids. 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 Authoritywill not return to the
1
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 provides the
certificates required under this RFP.
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Volume – I: Request for Proposal Section - 2 : Instructions to Bidders
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.
Certificate(s) from its Statutory Auditors / Chartered Accountants in this regard is to be
furnished.
2.3 Proprietary data
All documents and other information supplied by the Authority or submitted by a Bidder
to the Authority shall remain or become the property of the Authority and are transmitted
to the Bidders solely for the purpose of preparation and the submission of a Bid in
accordance herewith. Bidders are to treat all information as strictlyconfidential and shall
not use it for any purpose other than for preparation and submission of their Bid. The
provisions of this Clause 2.3 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, document or any information provided along therewith.
2.4 Cost of Bidding
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 Site visit and verification of information
2.5.1 Bidders are urged to submit their respective Bids after thoroughly visiting the Project
site and ascertaining for themselves the site conditions, traffic intensity, 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 familiarize themselves with the Project within scope adequately the
stipulated time of submission of the Bid. No extension of time is likely to be
considered for submission of Bids.
2.5.2 It shall be deemed that by submitting a Bid, the Bidder has:
2.5.2.1 Made a complete and careful examination of the Bidding Documents, Schedules
/Appendices/Annexures annexed to draft EPC Agreement;
2.5.2.2 Received all relevant information requested from the Authority;
2.5.2.3 Accepted the risk of inadequacy, error or mistake in the information provided in the
Bidding Documents or furnished by or on behalf of the Authority relating to any of
the matters referred to in Clause 2.5.1 above. No claim shall be admissibleat any stage on
this account.
2.5.2.4 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;
2.5.2.5 Acknowledged and agreed that inadequacy, lack of completeness or incorrectness of
information provided in the Bidding Documents or ignorance of any of the matters
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 for the tenders via the portal.
2.14.1.3 If the firm is already registered with e-tendering service provider, and validity of
registration is not expired, then the firm will not require a fresh registration.
2.14.1.4 The complete Bid Document can be viewed / downloaded by the Bidder from e-
Procurement Portal after payment of fee as mentioned in the KIT (Item at S.No. 9).
2.14.2 Preparation & Submission of Bids:
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.
AND / OR
In such an event, the Authority shall be entitled to bar the Bidder from submission of Bids
in any Works/Service tender issued by the Authority for a period up to 5 (five) years orto
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 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 up to 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:
4.3.1 “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
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Volume – I: Request for Proposal Section - 4 : Fraud and Corrupt Practices
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.
4.3.2 “Fradulent Practice” means a misrepresentation or omission of facts or suppression of
facts or disclosure of incomplete facts, in order to influence the Bidding Process;
4.3.3 “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;
4.3.4 “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
4.3.5 “Restrictive Practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full
and fair competition in the Bidding Process.
SECTION-5
PRE-BID CONFERENCE
5.1 Pre-Bid conference of the Bidders shall be convened on two separate occasions at the
designated date, time and place as specified in the KIT (Item at S.No. 15). A maximum
of three representatives of prospective Bidders shall be allowed to participate on
production of appropriate authority letter from the Bidder.
5.2 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.
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 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;
6.2.1 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;
6.2.2 Consult with any Bidder in order to receive clarification or further information;
6.2.3 Retain any information and/ or evidence submitted to the Authority by, on behalf of, and/
or in relation to any Bidder; and/ or
6.2.4 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.
APPENDIX –IA
Sub: Bid for Redevelopment Project of New Delhi Railway Station and construction of
associated Infrastructure.
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.
2. I/ We acknowledge that the Authority will be relying on the information providedin
the Bid and the documents accompanying the Bid for selection of the Contractor for
the aforesaid Project, and we certify that all information provided in the Bid and it’s
Annexure I to VII along with the supporting documents are true and correct; nothing has
been omitted which renders such information misleading; and all documents
accompanying the Bid are true copies of their respective originals.
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 as and when asked and permitted
by the Authority.
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 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:
(i) I/ We have examined and have no reservations to the Bidding Documents, including
any Addendum issued by the Authority; and
(ii) I/We do not have any Conflict of Interest in accordance with Clauses 2.2.1.3 and
2.6.4 of the RFP document; and
(iii) 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
Yours faithfully,
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there.
Appendix IA
Annex – I
ANNEX – I
Details of Bidder
1. (i) Name:
(ii) Country of incorporation
(iii) Address of the corporate headquarters and its branch office(s), if any, in India:
(iv) Date of incorporation and/ or commencement of business:
2. Brief description of the Bidder including details of its main lines of Business and
proposed role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication forthe
Authority:
(i) Name:
(ii) Designation:
(iii) Company:
(iv) Address:
(v) Telephone Number:
(vi) E-Mail Address:
(vii) Fax Number:
5. The following information shall also be provided w.r.t Clause 2.1.14 for the Bidder:
Name of Bidder:
Sl.
Criteria Yes/No
No.
1. Has the Bidder 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 (i) I/ We certify that in the last three years, we 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.
(ii) I/ We certify that we 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.
(ii) I/We further certify that no investigation by any investigating agency in India
or outside is pending either against us our sister concern or against our CEO
or any of our directors/managers/employees.
I/ We certify that the list is complete and covers all the projects of Ministry of Railways
or its implementing agencies and that we/ do not fall in any of the above categories of
being a non-Performing entity.
Appendix IA
Annex-II
ANNEX-II
@ Provide details of only those eligible projects that have been undertaken by theBidder,
under its own name and/ or by an Associate specified in Clause 2.2.2.6.
# 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 goodsor
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.
$$ The conversion rate of USD into Rupees shall be the daily representative exchange
rates published by the Reserve Bank of India or entity authorised by RBI to do so for the
relevant date. Where relevant date should be as on the date 60 (Sixty) days prior to the
Bid Due Date. In case of any other currency, the same shall first be converted to US
Dollars as on the date 60 (Sixty) days prior to the Bid Due Date, and the amount so
derived in US Dollars shall be converted into Rupees at the aforesaid rate. The
conversion rate of such currencies shall be the daily representative exchange rates
published by the International Monetary Fund for the relevant date.
Appendix IA
Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.2, 2.2.2.5(ii), 2.2.2.4(iii) of the RFP)
(In Rs. Crore$)
Particular $$ Financial Year No.
Year 5 Year 4 Year 3 Year 2 Year 1
Gross Annual Turn over
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).
2. Deleted.
3. Net Worth (the “Net worth”) shall as described in Clause 2.2.2.5 (ii) of the RFP.
4. Year 1 will be the latest completed Financial Year, preceding the Bidding date. 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. Deleted
Appendix IA
Annex-IV
ANNEX-IV
Details of Projects demonstrated for eligibility criteria
(Refer to Clauses 2.2.2.1, 2.2.2.3 and 2.2.2.6 of the RFP)
Project Code:
Entity: Bidder (including associates if any)
Date of commencement of 8
project/ contract
Date of completion/ 8
commissioning
Equity shareholding 8,9
(with period during which equity
was held)
Whether credit is being taken for 9,10
the eligible project of an
Associate (Yes/ No)
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. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each eligible project.
4. In case the eligible project relates to an Associate, write “Associate”.
5. The total payments received are to be stated for each Project in Annex-IV of this
2 Please refer Clause 2.2.2.1 for eligible project in reference to the Client being Govt. department or private firm
$
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.
This certification should only be provided in case of jobs/ contracts, which are executed as part of a partnership. 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.
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:
$ In the event that the Bidder 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.
Appendix -IA
Annex-V
ANNEX-V
Statement of Legal Capacity
To,
General Manager/Tender,
Rail Land Development Authority ,
New Delhi.
Dear Sir,
We hereby confirm that we satisfy the terms and conditions laid out in the RFP document.
We have agreed that ............................... (insert individual’s name) will act as our representative
and has been duly authorised 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,
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:
I. 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:
(i) 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.
(ii) 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.
(iii) Any conviction by Court of Law.
(iv) In cases in which SEBI also passes a prosecution order, disqualification ofthe bidder
should arise only on conviction by the Court of Law.
sd/-
(Aseem Kumar Jha)
Under Secretary to the Government of India
ANNEX-VII
RESTRICTIONS UNDER RULE 144 OF GFR 2017
Note: The Bidder is advised to get detailed Memorandum/ Notification/ Circular on the subject
with upto date corrections / amendments from the official website of Department of Expenditure,
Ministry of Finance, Govt. ofIndia (doe.gov.in).
APPENDIX – IB
Sub: Bid for Redevelopment Project of New Delhi Railway Station and construction of
associated Infrastructure
Dear Sir,
With reference to your RFP document dated ___________, 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.
2. I/ We acknowledge that the Authority will be relying on the information provided
in the Bid and the documents accompanying the Bid for selection of the Contractor
for the aforesaid Project, and we certify that all information provided in the Bid
are true and correct; nothing has been omitted which renders such information
misleading; and all documents accompanying the Bid are true copies of their respective
originals.
3. The Bid Price has been quoted by me/us after taking into consideration all
the terms and conditions stated in the RFP, draft 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 draft that has been provided to me/us prior to the
Bid Due Date. We agree not to seek any changes in the aforesaid draft 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 draft EPC
Agreement.
Yours faithfully,
APPENDIX-II
(Notarized)
Person identified by me/ personally appeared before me/
Attested/ Authenticated*
(*Notary to specify as applicable)
(Signature Name and Address of the Notary)
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.
BID SECURITY
Bank Guarantee for Bid Security
(Refer Clauses 2.20)
1. In consideration of you, Rail Land Development Authority, having its office at Unit-702-
B, 7th floor, DMRC Building, Konnectus Tower-2, Ajmeri Gate, Delhi-110002,
(hereinafterreferred to as the “Authority”, which expression shall unless it be repugnant to
the subjector context thereof include its, successors and assigns) having agreed to receive
the Bid of…………………… and having its registered office at (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 Redevelopment
Project of New Delhi Railway Station and construction of associated Infrastructure 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 draft 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, dohereby 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. 15,00,00,000/- (Rupees Fifteen Crores 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
Redevelopment Project of New Delhi Railway Station on EPC mode Page 56 of 60
Volume – I: Request for Proposal Appendix - III : Bid Security
this Guarantee. However, our liability under this Guarantee shall be restricted to an amount
not exceeding Rs 15,00,00,000/- (Rupees Fifteen Crores only).
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 forsubmission 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.
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.
APPENDIX-IV
(To be executed in presence of Public notary on non-judicial stamp paper of the value of [Rs
100/-]. The stamp paper has to be in the name of the Bidder) **.
I ………………………. (Name and designation)** appointed as the attorney/Authorised
Signatory of the Bidder, M/s.
(Herein after called the Bidder) for the purpose of the Bidding documents for the work of
as per the RFP No. of (Rail
Land Development Authority), do hereby solemnly affirm and state on the behalf of the Bidder
including its constituents/Associates as under :
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 RLDA website
[www.tenderwizards.in/RLDA]. 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 understand 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. Further, I/We (insert name of the Bidder) **
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.
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.
Digitally signed
by HEMANT
KUMAR
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