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RFP Epc NDLS

This document is a Request for Proposal for the redevelopment project of New Delhi Railway Station and construction of associated infrastructure on an Engineering, Procurement and Construction (EPC) mode. Some key details include: - The project is being undertaken by Rail Land Development Authority and involves the redevelopment of New Delhi Railway Station and construction of associated infrastructure such as access roads, a multi-modal transit hub, residential towers, and surrounding circulation areas. - The bidding process will be a single stage two packet bidding process to select a bidder to whom the project may be awarded. - The scope of work covers survey, investigation, layout, structural design, civil works, MEP works, and other associated infrastructure development

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Arihant Jain
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0% found this document useful (0 votes)
219 views60 pages

RFP Epc NDLS

This document is a Request for Proposal for the redevelopment project of New Delhi Railway Station and construction of associated infrastructure on an Engineering, Procurement and Construction (EPC) mode. Some key details include: - The project is being undertaken by Rail Land Development Authority and involves the redevelopment of New Delhi Railway Station and construction of associated infrastructure such as access roads, a multi-modal transit hub, residential towers, and surrounding circulation areas. - The bidding process will be a single stage two packet bidding process to select a bidder to whom the project may be awarded. - The scope of work covers survey, investigation, layout, structural design, civil works, MEP works, and other associated infrastructure development

Uploaded by

Arihant Jain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 60

Request for Proposal

for

Redevelopment Project of New


Delhi Railway Station and
construction of associated
Infrastructure
on
Engineering, Procurement And
Construction (EPC) Mode

Volume-I: Request for Proposal


(RFP no. RLDA/RFP/CD-68/SRD-14 of 2022 dated 07.10.2022)

October, 2022

Rail Land Development Authority


(A Statutory Authority under Ministry of Railways, Govt. of India)
UNIT NO. 702-B, KONNECTUS TOWER -2, DMRC BUILDING,
AJMERI GATE, NEW DELHI-110002
Volume – I: Request for Proposal
TABLE OF CONTENTS

Section Contents Page No.


Request for Proposal 4
Disclaimer 5
Glossary 7
1 Introduction 8
1.1 Background 8
1.2 Brief description of Bidding Process 10
1.3 Schedule of Bidding Process 12

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

C Preparation and Submission of Bids 24


2.10 Format and Signing of Bid 24
2.11 Documents comprising Technical & Financial Bid 24
2.12 Bid Due Date 25
2.13 Late Bids 26
2.14 Procedure of e-tendering 26
2.15 Online opening of Bids 27
2.16 Rejection of Bids 27
2.17 Validity of Bids 27
2.18 Confidentiality 27
2.19 Correspondence with the Bidder 28

D Bid Security 28
2.20 Bid Security 28
2.21 Performance Security 28

3 Evaluation of Technical Bids and Opening & Evaluation of 30


Financial Bids
3.1 Evaluation of Technical Bids 30
3.2 Opening and Evaluation of financial Bids 31
Redevelopment Project of New Delhi Railway Station on EPC mode Page 2 of 60
Volume – I: Request for Proposal
3.3 Selection of Bidder 31
3.4 Contacts during Bid Evaluation 32
3.5 Correspondence with the Bidder 32
3.6 Information contained in the Bid Documents 32
4 Fraud and Corrupt Practices 33
5 Pre-Bid Conference 35
6 Miscellaneous 36

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

II Format for Power of Attorney for signing of Bid 54

III Format for Bid Security 56


IV Format for Affidavit 59

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Volume – I: Request for Proposal
REQUEST FOR PROPOSAL

RAIL LAND DEVELOPMENT AUTHORITY


(A STATUTORY AUTHORITY UNDER MINISTRY OF RAILWAYS)
UNIT No. 702-B, KONNECTUS TOWER - 2, DMRC BUILDING,
AJMERI GATE, NEW DELHI-110002

RFP no. RLDA/RFP/CD-68/SRD-14 of 2022 dated 07.10.2022


RFP for “Redevelopment Project of New Delhi Railway Station and construction of
associated Infrastructure on Engineering Procurement and Construction (EPC) mode”
Rail Land Development Authority (RLDA), a statutory body under Ministry of Railways, is
engaged in the redevelopment of railway stations and related infrastructure in the country.
As part of this endeavor, it has been 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.
The President of India represented by the General Manager (Tender) / Rail Land
Development Authority / New Delhi, having its principal office at Unit- 702-B, 7th floor,
DMRC building, Konnectus Tower-2, Ajmeri Gate, Delhi, India (the “Authority”), has
decided to carry out an open and competitive e Bidding Process for selection of a Bidder to
whom the Project may be awarded. The Bidding Process shall be a single stage two packet
bidding process.
The scope of work shall broadly cover survey, investigations, layout and structural designs
for Redevelopment Project of New Delhi Railway Station including but not limited to
undertaking civil works and MEP works for station building, and associated infrastructure
mainly comprising of dedicated access roads (Elevated/At-Grade), Multi Modal Transit Hub
(MMTH) Buildings, Residential Towers, development of surrounding circulation area, etc.
The brief particulars of the Project and the bidding process is provided in Key Information
Table (KIT) at Clause 1.1.2 of this RFP.
The complete Bid document can be viewed / downloaded from official portal of the
Authority (Rail Land Development Authority e-Procurement Portal). 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 received through any other mode shall not be entertained. However, Power of Attorney
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 Rail Land Development Authority reserves the right
to accept or reject all or any of the Bids without assigning any reason whatsoever.
General Manager/Tender
Rail Land Development Authority, Unit-702-B, 7th floor, DMRC Building,
Konnectus Tower-2, Ajmeri Gate, Delhi-110002
Phone: 7982618481
E-mail: [email protected]

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Volume – I: Request for Proposal
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 interestedparties
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

Redevelopment Project of New Delhi Railway Station on EPC mode Page 5 of 60


Volume – I: Request for Proposal
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.

Redevelopment Project of New Delhi Railway Station on EPC mode Page 6 of 60


Volume – I: Request for Proposal

GLOSSARY

Agreement/EPC Agreement As defined in Clause 1.1.3


Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.20.1
Bid(s) As defined in draft EPC Agreement
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.6
Bid Due Date As defined in Clause 1.1.6
Bidding Process As defined in Clause 1.2.1
Bid Security As defined in Clause 1.2.4
Bid Price or Bid As defined in Clause 1.2.6
Contractor As defined in Clause 1.1.3
Construction Period As defined in Clause 1.2.6
Conflict of Interest As defined in Clause 2.2.1.3
Defect Liability Period As defined in Clause 1.2.6
EPC As defined in Clause 1.1.1
Financial Capacity As defined in Clause 2.2.2.2
Government Government of India
Lowest Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.5 (ii)
Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or Rs or INR. or INR Indian Rupee
RFP or Request for Proposal As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.1
Tie Bids As defined in Clause 3.3.2

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.

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Volume – I: Request for Proposal Section - 1 : Introduction

RAIL LAND DEVELOPMENT AUTHORITY

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):

S No. Particular Details


1. Name of the Work “Redevelopment Project of New Delhi
Railway Station and construction of
associated infrastructure.”

2. Construction Period 42 months


3. Bid Due Date and time By 1500 hrs (IST) on 24.01.2023.
4. Physical submission of all 27.01.2023 (up to 15:00 hrs) (IST)
documents listed in Clause
no. 2.11.2
5. Date and Time of Opening of 27.01.2023 at 15:30 hrs (IST)
Bids
6. Mode of tendering Open Tender, Single stage two packet
7. Mode of submission of Bids Online submission on e-Procurement Portal
8. E-Procurement Portal www.tenderwizard.in/RLDA
9. RFP document Fee Rs 1,18,000/- including GST (Rupees one
lakh eighteen thousand)
10. Bid Security Rs 15,00,00,000/-
(Rs Fifteen Crores Only)
11. Bank Account Details of the Account Name: Rail Land Development
Authority Authority
Name of bank and Branch: State Bank of
India, Rail Bhawan, New Delhi
Current Account Number: 30231544682
IFSC: SBIN 0003771

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Volume – I: Request for Proposal Section - 1 : Introduction

S No. Particular Details


12. Officer and Address to Name of Officer: Rakesh Kumar Gupta
Submit the physical DGM/Tender/RLDA
documents as per Address: Unit-702-B, 7th floor,
Clause DMRC Building , Konnectus Tower-
2.11.2 of RFP 2, Ajmeri Gate, Delhi-110002
Phone : 9013164466
E mail : [email protected]
13. Validity of the Bid 120 days from the Bid Due Date
14. Conducted Tour of the Date: 15.11.2022
Project Site Time:11:30 hrs
Venue for assembly: RLDA Office, New
Delhi
Contact Person for Details: Pratyus
Sinha, JGM/Project/NDLS
Phone: 07011051338
15. Pre-bid Conference
a) 1st Conference Date: 07.11.2022
Time: 11:30 hrs
Venue: RLDA Office, New Delhi
(Specific details may be obtained from
Rakesh Kumar Gupta, DGM/Tender
Mobile: 9013164466)
Last date of receiving 14.11.2022
Queries

Reply of Queries 24.11.2022

b) 2nd Conference Date & Time: 07.12.2022 at 11:30 hrs


Venue: RLDA Office, New Delhi
(Specific details may be obtained from
Rakesh Kumar Gupta, DGM/Tender
Mobile: 9013164466)
Last date of receiving 12.12.2022
Queries

Reply of Queries 22.12.2022

16. Performance Security 3% (three percent) of Contract Price in


terms of Clause 2.21
17. Submission of Performance Within 30 days of issue of Letter of Award
Security (LOA)

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Volume – I: Request for Proposal Section - 1 : Introduction

S No. Particular Details


18. Signing of Agreement Within 15 days of submission of
Performance Security.
19. Architectural & Technical M/s Tractebel Engie
Consultant

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.

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Volume – I: Request for Proposal Section - 2 : Instructions to Bidders

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

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Volume – I: Request for Proposal Section - 2 : Instructions to Bidders
Bidders any Bid, documents or any information provided along therewith.
2.1.11 Deleted
2.1.12 While Bidding is open to persons from any country, the following provisions shall
apply:
2.1.12.1 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.
2.1.12.2 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.
2.1.12.3 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
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.
2.1.12.4 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.
2.1.12.5 In case the Lowest Bidder under Clause 2.1.12.1 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
be invited.
2.1.12.6 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
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Volume – I: Request for Proposal Section - 2 : Instructions to Bidders
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 Additional check on Bidder’s overall eligibility:-
2.1.14.1 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 a Bid.
2.1.14.2 A Bidder including its Associate (if its credentials are used for fulfilling the eligibility
criteria) 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 and/or i t s 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 its
Associate.
2.1.14.3 If Bidder’s any constituent is entity incorporated in a country, where an entity
incorporated in India does not have similar rights of bidding for contracts.
2.1.15 The Authority reserves the right to reject or otherwise declare the eligible Bidder on the
basis of the information provided under Clause 2.1.14. The decision of the Authority
in this regard shall be final and binding.
2.2 Eligibility and qualification requirements of Bidder
2.2.1 For determining the eligibility of Bidder, the following shall apply:
2.2.1.1 Bidder /Agency/Contractor means the individual, proprietor firm, partnership firm,
limited company, private or public or corporation.
2.2.1.2 Joint venture/Consortium and Special Purpose Vehicle are not eligible to participate
in this RFP. The entities registered in India from at least five years prior to
31.03.2022, will be eligible to participate in the RFP.
2.2.1.3 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 have common controlling shareholders or other ownership interest;
provided that this disqualification shall not apply in cases where the direct or

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indirect shareholding of a Bidder having a shareholding of more than 5% (five
percent) of the paid up and subscribed share capital of such Bidder, in the other
Bidder 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 2.2.1.3, indirect shareholding held through one or more intermediate
persons shall be computed as follows:
(aa) Where any intermediary is controlled by a person through management
control or otherwise, the entire shareholding held by such controlled
intermediary in any other person (the “Subject Person”) shall be taken
into account for computing the shareholding of such controlling person in
the Subject Person; or
(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; and
(ii) A constituent of such Bidder is also a constituent of another Bidder; or
(iii) Such Bidder, receives or has received any direct or indirect subsidy, grant,
concessional loan or subordinated debt from any other Bidder, or has provided any
such subsidy, grant, concessional loan or subordinated debt to any other Bidder, its
member; or
(iv) Such Bidder has the same legal representative for purposes of this RFP as any other
Bidder; or
(v) Such Bidder, has a relationship with another Bidder, 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, 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 (Item at S.No.
21).
2.2.2 Qualification requirements of Bidders: To be eligible for Qualification, the Bidder
shall fulfill the following conditions of eligibility:
2.2.2.1 Technical Capacity- For demonstrating Technical Capacity and experience (the
“Technical Capacity”), the Bidder shall have:
I. Satisfactorily completed the works as mentioned below during the last seven years
up to 31.12.2022.
(a)
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(i) Three Similar Works each costing not less than Rs 600 crores
OR
(ii) Two Similar Works each costing not less than Rs 800 crores
OR
(iii) One Similar Work costing not less than Rs 1,200 crore
Similar Work shall mean:
Construction of Passenger handling terminals i.e. railway stations, metro stations,
stations of RRTS / HSR / monorail, airport terminals, bus terminals having RCC
framed structure or steel structure along with MEPF works executed under one
agreement.
OR
Construction of commercial real estate project (such as educational institution,
hospital, hotel, convention centre, mall/shopping complex, sports complex, office
complex) at a single site with a minimum built up area of 50,000 sqm, having RCC
framed structure or steel structure along with MEPF works executed under one
agreement.
AND
(b) Any Bridge construction work costing more than Rs 500 Cr.
The value of the completed works shall be brought to current level by enhancing
the same at a simple rate of 7% per annum, calculated from the date of completion
to 31.12.2022.
II. Minimum one ongoing infrastructure work (not necessarily Similar Work) of
contract value not less than Rs 2000 crores secured during the last five years up to
31.12.2022.
The value of the awarded work shall be brought to current costing level by enhancing
the same at a simple rate of 7% per annum, calculated from the date of award to
31.12.2022.
Notes (for Technical Capacity Clause 2.2.2.1):
i) For this purpose, the work should have been directly awarded to the Bidder by a
Govt. Department; or by a SPV having Govt. shareholding not less than 26%; or
by a Public listed company or its unlisted subsidiary, having average annual
turnover of listed entity Rs 2000 crore and above in last 3 financial years
excluding the current financial year, listed on recognized stock exchanges,
registered at least 5 years back from the date of submission of Bid by the Bidder
to the Authority.
ii) For this purpose, cost of work shall mean gross value of the completed work
including the cost of materials supplied by the Government or owner, but
excluding those supplied free of cost. This should be certified by an officer not
below the rank of Project Manager/Executive Engineer or equivalent.

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iii) For the purpose of evaluation, the works where the Bidder has received payments
for not less than 75 (seventy five) per cent value of awarded project cost of such
project as per the original agreements, shall be treated as substantially completed
work and thus, considered to be eligible project. The date for receipt would be
taken as 31.12.2022.
iv) Work of specialized MEPF services, etc. if executed under separate contracts
shall be considered for the purpose of assessing the technical competency only
without adding its monetary value for determining the eligibility criteria.
2.2.2.2 Financial Capacity: For demonstrating Financial Capacity (the “Financial Capacity”),
the Bidder shall have:
(i) Average annual financial turn over (gross) of Rs 2000 crores on civil and/or electrical
construction works during the immediate last five consecutive financial years ending
on 31st March 2022. This should be duly audited by a Statutory Auditor /Chartered
Accountant. For financial year 2021-22, it may be certified by SA/CA, if not audited.
Year in which no turnover is shown would also be considered for working out the
average.
(ii) Achieved average monthly financial progress of at least Rs 33 crores per month in
any single construction work costing not less than Rs 500 crores and having a
scheduled completion period of not less than 12 (twelve) months (not necessarily
similar work), during the last 7 (seven) years ending on 31.12.2022. The value of
average monthly financial progress shall be worked out on the basis of completion
cost of work divided by actual duration for completion of work. The value of average
monthly financial progress shall be brought to current costing level by enhancing the
actual value of monthly turnover of single work at simple rate of 7% per annum;
calculated from the date of completion of the work to 31.12.2022.
(iii) Should not have incurred any loss (profit after tax should be positive) in more than
two years during the last five consecutive financial years ending on 31st March 2022
duly audited by the Statutory Auditor/Chartered Accountant. For financial year
2021-22, it may be certified by SA/CA, if not audited.
(iv) Have a minimum net worth of Rs 600 crores certified by Statutory Auditor/
Chartered Accountant at the close of the preceding Financial Year.
2.2.2.3 Submission in support of Technical Capacity:
(i) The Bidder should furnish the details of eligible projects for the last 7 (seven) years
up to 31.12.2022.
(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.
(iv) All forms verified/certified by Statutory Auditor or CA should have clear mention of
UDIN number.

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2.2.2.4 Submission in support of Financial Capacity:
(i) The Technical Bid must be accompanied by the Audited Annual Reports of the
Bidder and/or Associates thereof whose financial capacity is being claimed 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(iv),
and provide details as per format at Annex-III of Appendix-IA.
(iv) All forms verified/certified by Statutory Auditor or CA should have clear mention of
UDIN number.
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 Auditors1 /Chartered Accountant or the concerned
client(s) stating the payments received during the past 7 years up to 31.12.2022, 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) or by its associates,
it should further support its claim for the payments received as per its share in work
done for that particular job/ contract by producing a certificate from its Statutory
Auditor or Chartered Accountant or the client; and
(ii) Certificate(s) from its Statutory Auditors/ Chartered Accountant 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 Financial Capacity of the Bidder under Clauses
2.2.2.1 and 2.2.2.2, the Technical Capacity and Financial capacity of their respective
Associates would also be eligible hereunder. For purposes of this RFP, Associate means,
in relation to the Bidder, 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

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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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

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referred to in Clause 2.5.1 hereinabove shall not be a basis for any claim for
compensation, damages, extension of time for performance of its obligations, loss of
profits etc. from the Authority, or a ground for termination of the Agreement by the
Contractor;
2.5.2.6 Acknowledged that it does not have a Conflict of Interest; and
2.5.2.7 Agreed to be bound by the undertakings provided by it under and in terms hereof.
2.5.3 The Authority will facilitate obtaining the required permissions from the concerned
Authority/Agency for conducting any prior field surveys/investigations by the Bidder in
a limited manner in the Project Area. Any Bidders’ desirous of doing so shall approach
the designated official of the Authority as mentioned in KIT (Item at S.No. 14) spelling
out his specific requirement in this regard. Bidders may however specifically note that no
request for any time extension of Bid Due Date on this account will be entertained by the
Authority.
2.5.4 The Authority will organize a conducted tour of the Project Site jurisdiction at the
designated date and time as specified in KIT (Item at S.No.14). A maximum of two
representatives of the prospective Bidders shall be allowed to participate in this tour on
production of appropriate Authority letter from the Bidder.
2.5.5 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 Verification and Disqualification
2.6.1 The Authority reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the RFP and the Bidder shall, when so required
by the Authority, make available all such information, evidence and documents as
may be necessary for such verification. Any such verification, or lack of such
verification, by the Authority shall not relieve the Bidder of its obligations or
liabilities hereunder nor will it affect any rights of the Authority there under.
2.6.2 The Authority reserves the right to reject any Bid and appropriate the Bid Security and/or
bar the Bidder from submission of Bids in any Works/Service tender issued by the
Authority for a period of 5 (five) years if:
2.6.2.1 At any time, a material misrepresentation is made or uncovered, or
2.6.2.2 The Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Bid.
2.6.2.3 Such misrepresentation/ improper response shall lead to the disqualification of the
Bidder. If such disqualification/rejection occurs after the Financial 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 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

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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 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 draft EPC Agreement, or otherwise.
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 in the Agreement and without Prejudice to any other right or remedy of
the Authority, including the forfeiture and appropriation of the Bid Security or
Performance Security, as the case may be, which the Authority may have thereunder
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.
B. DOCUMENTS
2.7 Contents of the RFP
2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as briefly
listed below as per the Master Content List in the beginning of this document, and
will additionally include any Addenda issued in accordance with Clause 2.9.
Volume –I
Request For Proposal
Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of Technical Bids and Opening and Evaluation of Financial
Bids
Section 4. Fraud and Corrupt Practices
Section 5. Pre-Bid Conference
Section 6. Miscellaneous

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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. Bid Security
IV Affidavit to be uploaded by the Bidder along with the Bid
Volume – II: Draft EPC Agreement
Volume – III: Schedule A (Project Site Details)
Schedule B (Scope of Work)
Volume – IV: Schedule C (Authority Requirements, Controls and Specifications)
Volume – V: Schedule D (General Specifications and Standards)
Volume – VI: Schedule E (Tender Drawings and Other Guidance)
Volume – VII: Consultant’s Reports
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 (Item at S.No16). The Authority shall
endeavour to respond to the queries within the period specified therein, but no later than
15 (Fifteen) days prior to the Bid Due Date. The responses shall be uploaded on the e-
Procurement Portal www.tenderwizard.in/RLDA 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 Amendment of RFP
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 the part of the RFP and 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,
or for any other reason, the Authority may, in its sole discretion, extend the Bid Due Date.
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C. PREPARATION AND SUBMISSION OF BIDS


2.10 Format and Signing of Bid
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 format and complete in
all respects and Original Copy of Power of Attorney 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
initialed by the person(s) signing the Bid.
2.11 Documents comprising Technical and Financial 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 the e-
Procurement Portal:
2.11.1.1 Technical Bid
(i) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-V and
supporting certificates / documents.
(ii) Power of Attorney for signing the Bid as per the format at Appendix-II;
(iii) Bid Security through [e-payment Gateway of e-Procurement Portal /Authority]
OR in the form of Bank Guarantee as per the format at Appendix-III from a Bank
(to be submitted physically as well);
(iv) An undertaking from the person having Power of Attorney referred to in sub
clause-(ii) above that they agree and abide by the Bid Documents uploaded by
Authority and amendments uploaded, if any in the format at Appendix-IV; and
(v) 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.
(vi) Copies of duly audited complete annual accounts of the Bidder and/or Associates
for preceding 5 years.
2.11.1.2 Financial Bid
(i) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online
through e-Procurement Portal on or before the Bid Due Date.
2.11.1.3 The Bidders are required to prepare a comprehensive write-up regarding their
appreciation and understanding of the work site, scope of the Project and their approach
as to how they will proceed for achieving satisfactory completion of the Project within
the stipulated timeline. The Bidders are also required to prepare various Project

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implementation related Plans such as Project Execution Plan, Environmental, Health
and Safety Management Plan, Quality Management Plan, Engineering Design Plan etc.
All such write-up with necessary attachment (if any) shall be neatly prepared and
compiled in a separate volume to be submitted on the e-procurement portal.
2.11.1.4 Other Bid Documents
Following other documents have been issued by the Authority to the Bidder as part of
the Bid:
Volume-I: This RFP document
Volume –II: Draft EPC Agreement
Volume –III: Schedule A (Project Site Details)
Schedule B (Scope of Work)
Volume –IV: Schedule C (Authority Requirements, Controls and Specifications)
Volume –V: Schedule D (General Specifications and Standards)
Volume –VI: Schedule E (Tender Drawings and Other Guidance)
Volume –VII: Consultant’s Reports
Addenda/other clarifications (if any), as issued by the Authority during the bidding
process.
2.11.1.5 All the above listed documents shall be signed by the Authorised Signatory of the
Bidder, as an acknowledgement of having read all the contents therein of these
documents and adequately understood the intent/requirement of the Authority contained
therein.
2.11.2 Physical submission of documents
2.11.2.1 The Bidder shall submit the following documents physically as per various
Appendices of this RFP document within time as mentioned in KIT (Item at S.No.4):
(i) Original Power of Attorney for signing the Bid as per format at Appendix-II;
(ii) Bid Security in the form of Original Bank Guarantee in the format at Appendix-
III from a Bank;
(iii) Original Affidavit in the format at Appendix IV.
2.11.2.2 The documents listed at Clause 2.11.2.1 shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification “Bid for the Redevelopment
Project of New Delhi Railway Station and construction of associated
infrastructure” 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
2.11.2.3 The envelope shall be addressed to the officer and address as mentioned in the KIT (Item
at S.No. 12):
2.11.2.4 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

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Volume – I: Request for Proposal Section - 2 : Instructions to Bidders
Bid submitted and consequent losses, if any, suffered by the Bidder.

2.12 Bid Due Date


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
date and time mentioned in the KIT (Item at S.No. 4) at the address provided in the KIT
in the manner and form as detailed in this RFP. A receipt thereof should be obtained from
the person specified at the KIT.
2.13 Late Bids
e-Procurement Portal shall not allow submission of any Bid after the prescribed date
and time at KIT (Item at S.No. 3) in Clause 1.1.2. Receipt of documents listed at Clause
2.11.2 of the RFP after the prescribed date as mentioned in the KIT at Clause 1.1.2 shall
not be considered and the Bid shall be summarily rejected.
2.14 Procedure for e-tendering
2.14.1 Accessing/ Purchasing of Bid Documents
2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate (DSC)
in the name of Authorised 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.
DSC should be in the name of the Authorised Signatory as authorised in Appendix II of
this RFP or person executing/delegating such Appendix III in favour of Authorised
Signatory. It should be in corporate capacity (that is in Bidder capacity). 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
with e-Procurement Portal to have user ID & password which has to be obtained free
of cost. Following may kindly be noted:
(i) Registration with e-Procurement Portal should be valid at least up to the date of
submission of Bid.
(ii) Bids can be submitted only during the validity of registration.

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:

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Volume – I: Request for Proposal Section - 2 : Instructions to Bidders
2.14.2.1 The Bidder shall 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 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 Authorised Representative(s) of the Bidder on or before the Bid Due Date
and time. Bids submitted by any other mod e shall not be entertained and shall be
summarily rejected.
2.14.3 Modifications/ Substitution/ withdrawal of Bids
2.14.3.1 The Bidder may modify, substitute or withdraw its Bid after submission but 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.
2.15 Online Opening of Bids.
2.15.1 Opening of Bids will be done through online process.
2.16 Rejection 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.
2.17 Validity of Bids
The Bids shall be valid for a period of not less than the period specified in the KIT (Item
at S.No. 13). The validity of Bids may be extended by mutual consent of the respective
Bidders and the Authority.
2.18 Confidentiality
Information relating to the examination, clarification, evaluation and recommendation
for the Bidders shall not be disclosed to any person who is not officially concerned with
the process or is not a retained professional advisor advising the Authority in relation
to, or matters arising out of, or concerning the Bidding Process. The Authority will treat
all information, submitted as part of the Bid, in confidence and will require all those who
have access to such material to treat the same in confidence. The Authority may not
divulge any such information unless it is directed to do so by any statutory entity that has
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Volume – I: Request for Proposal Section - 2 : Instructions to Bidders
the power under law to require its disclosure or is to enforce or assert any right or
privilege of the statutory entity and/ or the Authority or as may be required by law
or in connection with any legal process.
2.19 Correspondence with the Bidder
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 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 III. 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.
2.20.3 The Selected Bidder’s Bid Security will be returned, without any interest, upon the Bidder
signing the Contract Agreement and furnishing the Performance 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:
2.20.5.1 If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Section 4 of this RFP;
2.20.5.2 If a Bidder withdraws its Bid during the period of Bid validity as specified in this RFP
and as extended by mutual consent of the respective Bidder(s) and the Authority;
2.20.5.3 In the case of Selected Bidder, if it fails within the specified/extended time limit by
Authority:
(i) To sign and return the duplicate copy of LOA;
(ii) To furnish the Performance Security as per Article 7 of draft EPC
Agreement; or
(iii) To sign the EPC Agreement within the timeline mentioned in the KIT (Item at S.No.
20);
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Volume – I: Request for Proposal Section - 2 : Instructions to Bidders
2.21 Performance Security
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 draft EPC Agreement (the “Performance Security”) for an amount as
mentioned in the KIT (Item at S.No. 18).
2.21.2 For detailed provisions of Performance Security, refer Article 7 of draft EPC Agreement.

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Volume – I: Request for Proposal Section - 3 : Evaluation of Technical Bids and
opening & evaluation of Financial Bids
SECTION-3

EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF


FINANCIAL BIDS

3.1 Evaluation of Technical Bids


3.1.1 The Authority shall open the Bids received online as per the timeline specified in item 5
of KIT at Clause 1.1.2; 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.
3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained in
formats other than those specified herein, the Authority may, in its sole discretion,
exclude the relevant information for consideration of eligibility and Qualification of the
Bidder.
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 provisions
set out in this Section 3. 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 Tests of responsiveness
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:
(i) Technical Bid is received online as per the format at Appendix-IA including
Annexure I, II, III, IV, V and Appendix-IV;
(ii) All Documents listed at Clause 2.11.2 are received physically within time as
mentioned in the KIT (Item at S.No. 4);
(iii) Technical Bid is accompanied by the Bid Security as specified in Clause 1.2.4 and
2.20;
(iv) The Power of Attorney is uploaded on e-Procurement Portal as specified in
Clauses 2.1.5;
(v) Technical Bid is accompanied by Affidavit as specified in 2.11.1.1;
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Volume – I: Request for Proposal Section - 3 : Evaluation of Technical Bids and
opening & evaluation of Financial Bids
(vi) Technical Bid contains all the information (complete in all respects) as
prescribed at Clause 2.11.1; and
(vii) Technical Bid does not contain any condition or qualification.
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.
3.2 Opening and Evaluation of Financial Bids
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 Selection of Bidder
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 2.1.12.5, 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.
3.3.5 In the event the duplicate copy of the LOA duly signed by the Selected Bidder is 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

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Volume – I: Request for Proposal Section - 3 : Evaluation of Technical Bids and
opening & evaluation of Financial Bids
account of failure of the Selected Bidder to acknowledge the LOA.
3.3.6 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause
the Selected 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.
3.3.7 The Bid security of Bidders 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.
3.4 Contacts during Bid Evaluation
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.
3.5 Correspondence with Bidder
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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Volume – I: Request for Proposal Section - 4 : Fraud and Corrupt Practices

SECTION-4

FRAUD AND CORRUPT PRACTICES

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.

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Volume – I: Request for Proposal Section - 5 : Pre-Bid Conference

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.

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Volume – I: Request for Proposal Section - 6 : Miscellaneous

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.

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Volume – I: Request for Proposal Appendix - IA : Letter Comprising the Technical Bid

APPENDIX –IA

LETTER COMPRISING THE TECHNICAL BID


(Refer Clause 2.1.4, 2.11 and 3.1.6)

The General Manager (Tender),


Rail Land Development Authority,
New Delhi

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

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Volume – I: Request for Proposal Appendix - IA : Letter Comprising the Technical Bid
restrictive practice, as defined in Clause 4.3 of the RFP document, in 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;
(iv) 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
(v) 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 bythem.
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.
9. I/We believe that we/ satisfy the Technical Capacity and Financial Capacity criteria
and meet(s) the requirements as specified in the RFP document.
10. Deleted
11. I/ We certify that in regard to matters other than security and integrity of the country,
we 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 have not been charge-sheeted by any agency of the Government or convicted
by a Court of Law.
13. I/ We further certify that no investigation by a regulatory authority is pending either
against us or against our CEO or any of our Directors/ Managers/ Employees.
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.
16. I/We further acknowledge and agree that in the event such change in control occurs after
signing of the Agreement up to 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 usin 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
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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 draft 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 draft
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 forth in 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 15,00,00,000/-(Rs Fifteen Crores) to the Authority in
accordance with the RFP Document.
21. The Bid Security in the form of an 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, 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.
25. I/ We agree and undertake to abide by all the terms and conditions of the RFPdocument.
26. I/We 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 draft EPC Agreement.
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 fulfill 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,

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Volume – I: Request for Proposal Appendix - IA : Letter Comprising the Technical Bid

Date: (Signature, name and designation


Place: of the Authorised Signatory)

Name & seal of Bidder

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there.

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Volume – I: Request for Proposal Appendix - IA : Annex - I - Details of Bidder

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:

4. Particulars of the Authorised Signatory of the Bidder:


(i) Name:
(ii) Designation:
(iii) Address:
(iv) Phone Number:
(v) Fax Number:
(vi) Class III Digital Signature Certificate ID 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.

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Volume – I: Request for Proposal Appendix - IA : Annex - I - Details of Bidder

7 (i) I/We further certify that no investigation by a regulatory authority is pending


either against us or our sister concern or against our CEO or any of our
directors/managers/employees.

(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.

(Signature, name and designation of the Authorised Signatory)


For and on behalf of……………………………………..

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Volume – I: Request for Proposal Appendix - IA : Annex - II – Technical Capacity of the Bidder

Appendix IA
Annex-II

ANNEX-II

Technical Capacity of the Bidder@#


(Refer to Clauses 2.2.2.1, 2.2.2.3 and 2.2.2.6 of the RFP)

Name of the Bidder:

Project Name of the Project Claimed as eligible Completed / Project


Code* project or other Ongoing Cost** (Rs
project crore)$$
(1) (2) 3 (4 ) (5)

@ 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.

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Volume – I: Request for Proposal Appendix - IA : Annex - III – Financial Capacity of the Bidder

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

Profit After Tax (PAT)

Net Worth£ at the end of preceding Financial


- - - -
Year

Name & address of Bidder’s Bankers:


$ For conversion of other currencies into rupees, see note below Annex-II of Appendix-IA.
$$ 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.
£ The Bidder should provide details of its own Financial Capacity or of an Associate specified
in Clause 2.2.2.6.

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

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Volume – I: Request for Proposal Appendix - IA : Annex - III – Financial Capacity of the Bidder
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.

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Volume – I: Request for Proposal Appendix - IA : Annex - IV – Details of Projects demonstrated for
eligibility criteria

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)

Item Refer Particulars of the Project


Instruction
(1) (2) (3)
Title & nature of the project
Year-wise payments received 5
for construction
Entity for which the project was 7,8
constructed2
Location
Project cost 8
Built Up Area in Square Metre

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

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Volume – I: Request for Proposal Appendix - IA : Annex - IV – Details of Projects demonstrated for
eligibility criteria
Appendix-IA. The figures to be provided here should indicate the year wise break-up
of the payment received for construction works should only include capital
expenditure, and should not include expenditure on repairs and maintenance.
6. Deleted.
7. Certificate from the Bidder’s Statutory Auditor$ or Chartered Accountant 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.
8. If the Bidder is claiming construction experience, it should provide a certificate from its
statutory auditors or Chartered Accountant or the client in the format below:
Certificate from the Statutory Auditor/ Chartered Accountant
/Client regarding construction works
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 R s . …… cr. (Rupees …………………crore), of which the Bidder/ Associate
received R s .................................................................................................................. cr.
(Rupees ……………………… crore), in terms of Clauses 2.2.2.1 of the RFP, during the past
07 Years up to 31.12.2022 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.} 

Name of the audit firm:


Seal of the audit firm: (Signature, name and designation of the authorised signatory).
Date:

$
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.

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Volume – I: Request for Proposal Appendix - IA : Annex - IV – Details of Projects demonstrated for
eligibility criteria
9. In the event that credit is being taken for the eligible project of an Associate, as defined
in Clause 2.2.2.6, the Bidder should also provide a certificate in the format below:

Certificate from Statutory Auditor/ Chartered Accountant


/Company Secretary regarding Associate$

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:

{Describe the share-holding of the Bidder in the Associate}

Name of the audit firm:


Seal of the audit firm: (Signature, name and designation of the authorised signatory).
Date:
10. 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.

$ 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.

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Volume – I: Request for Proposal Appendix - IA : Annex - V – Statement of Legal Capacity

Appendix -IA
Annex-V

ANNEX-V
Statement of Legal Capacity

(On the letter head of the Bidder)


Ref. Date:

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,

(Signature, name and designation of the Authorised Signatory)

For and on behalf of……………………………..

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Volume – I: Request for Proposal Appendix - IA : Annex - VI – Guidelines of Department of Disinvestment
APPENDIX-IA
Annexure VI

ANNEX-VI

Guidelines of the Department of Disinvestment


(Refer Clause1.2.1)

No. 3/9/2016-DoD-II-B
Government of India
Department of Investment & Public Asset Management Block 14, CGO Complex
New Delhi.

Dated: 28th September, 2017

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.

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Volume – I: Request for Proposal Appendix - IA : Annex - VI – Guidelines of Department of Disinvestment
II. 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.
III. In both (I) and (II), disqualification shall continue for a period that Government deems
appropriate.
IV. 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.
V. 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.
VI. 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.
VII. 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 (I) & (II) 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 (I) & (II) 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

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Volume – I: Request for Proposal Appendix - IA : Annexure - VII – Restrictions
under Rule 144 of GFR 2017
APPENDIX-IA
Annexure VII

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).

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Volume – I: Request for Proposal Appendix - IB : Letter Comprising the Financial Bid

APPENDIX – IB

Letter Comprising the Financial Bid


(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
The General Manager (Tender),
Rail Land Development Authority,
New Delhi

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,

Date: (Signature, name and designation of the


Place: Authorised Signatory)
Name & seal of Bidder..........
Class III DSC ID of Authorised Signatory:.............
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Volume – I: Request for Proposal Appendix - II : Format for Power of Attorney for signing of Bid

APPENDIX-II

Format for Power of Attorney for signing of Bid


(Refer Clause 2.1.5)
Know all men by these presents, We…………………………………………….. (Name of the
firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and
authorize Mr./Ms (name),…………………son/daughter/wife of ………………………………
and presently residing at …………………., who is presently employed with us and holding the
position of………, as our true and lawful attorney (hereinafter referred to as the “Attorney”) to
do in our name and on our behalf, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our Bid for the Project proposed or being
developed by the Rail Land Development Authority (the “Authority”) including but not limited
to signing and submission of all Bids and other documents and writings, participate in Pre-Bid
and other conferences and providing information/ responses to the Authority, representing us in
all matters before the Authority, signing and execution of all contracts including the EPC
Agreement and undertakings consequent to acceptance of our Bid, and generally dealing with the
Authority in all matters in connection with or relating to or arising out of our Bid for the said
Project and/ or upon award thereof to us and/or until entering into the EPC Contract with the
Authority.
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.
IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For …………………………..

(Signature, name, designation and address)


of person authorised by Board Resolution
(in case of Firm/ Company)/ partner in case of
Witnesses: Partnership firm
1.
2.
Accepted……………………………
(Signature)
(Name, Title and Address of the Attorney)

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Volume – I: Request for Proposal Appendix - II : Format for Power of Attorney for signing of Bid

(Notarized)
Person identified by me/ personally appeared before me/
Attested/ Authenticated*
(*Notary to specify as applicable)
(Signature Name and Address of the Notary)

Seal of the Notary


Registration No. of the Notary
Date:………………

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.

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Volume – I: Request for Proposal Appendix - III : Bid Security
APPENDIX-III

BID SECURITY
Bank Guarantee for Bid Security
(Refer Clauses 2.20)

B.G. No. Dated:

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
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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.

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Volume – I: Request for Proposal Appendix - III : Bid Security
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 unrealized.
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:

S.No. Particulars Details


1. Name of Beneficiary ******
2. Name of Bank ******
3. Account No. ******
4. IFSC Code ******

Signed and Delivered by .................................... Bank


By the hand of Mr./Ms …………………….., its .............................. and authorised official.

(Signature of the Authorised Signatory)


(Official-Seal)

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Volume – I: Request for Proposal Appendix - IV : Format for Affidavit by Bidder

APPENDIX-IV

FORMAT FOR AFFIDAVIT TO BE UPLOADED BY BIDDER ALONG WITH THE BID

(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

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Volume – I: Request for Proposal Appendix - IV : Format for Affidavit by Bidder

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
Redevelopment Project of New Delhi Railway Station on EPC mode Page 60 of Date:
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2022.10.07
20:06:02 IST
Reason: PDF
Authenticated

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