Request for Proposal

Selection of Bidder for

“Disposal of 30 Lakh MT of legacy waste by Bio-remediation

and Bio-mining at Ghazipur Dumpsite, Delhi

Issued by
MUNICIPAL CORPORATION OF DELHI

Email: [email protected]
Telephone: 011-40104246
Date of Issue: 03.08.2022
Pre-Bid meeting: 16.08.2022
Bid Deadline: 02.09.2022
 DISCLAIMER

The information contained in this Request for Proposal (the “RFP”) document or
subsequently provided to Bidder, whether verbally or in documentary or any other form by
or on behalf of Municipal Corporation of Delhi (“Authority”), is provided to Bidder 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 Authority to the
prospective Bidder or any other person. The purpose of this RFP is to provide interested
firms with information that may be useful to them in the formulation of their Proposals
pursuant to this RFP.

Information provided in this RFP to the Bidder is on a wide range of matters, some of which
depends upon interpretation of law. The information given is not an exhaustive account of
statutory requirements and should not be regarded as a complete or authoritative statement of
law. Authority accepts no responsibility for the accuracy or otherwise for any interpretation
or opinion on the law expressed herein.

The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise however 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 assumption contained in
this RFP.
The issue of this RFP does not imply that Authority is bound to select a Bidder or to appoint
the Selected Bidder for the Works and Authority, reserves the right to reject all or any of the
Proposals without assigning any reasons whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Proposal including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which may be
required by Authority, or any other costs incurred in connection with or relating to its
Proposal. All such costs and expenses will remain with the Bidder and 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 or submission of the Proposal, regardless of the conduct
or outcome of the Bidding Process.
4. Bid Data

S. Particulars Data
No.
Cost of Bid Document INR 5,000 /-
1.
EMD INR 2.65 Crores
2.
Pre-bid meeting date and time
3. 16.08.2022 at 03: 00 PM in the Conference Hall,
9th Floor, E-1 Block, Dr. S.P.M. Civic Centre,
JLN Marg, New Delhi – 110002
Key dates
4. Authorities response to queries : 24.08.2022 Bid
star date : 25.08.2022 at11:00 AM
Bid End date : 02.09.2022 at 03:00 PM
Techinical Bid Opening : 03.09.2022 at 03:05 PM
Financial Bid Opening : Will be decided later
Performance Bank Guarantee The PBG shall be 3% of the Contract Value and it
5.
shall be valid till the expiry of 03 months after the
project completion.
Bid Validity Period 180 Days from the due date of Bidding
6.
Eligible Bidder for Bidding Individual Bidder/Consortium/JV
7.
(Maximum 3 members)
Method of Bid Submission Online Submission - Technical & Financial Bid
8.
Total project completion period 18 months from date of signing of agreement
9.
including mobilization period.
Total Waste to be removed 30 Lakhs MT*
10.

* Note: The quantity of biomining of legacy waste can be further increased up to 50% i.e., 15 lakh MT
depending upon the performance of contractor and availability of funds.

II. All the correspondence should be in written, the written correspondence may be sent through mail, fax or
letter. All the communication and the bid submission should be addressed to the undersigned onthe address
below:

To,
EE(SLF) Ghazipur
Adjacent to MC Primary School Lalita Park
Near Metro Station Laxmi Nagar Delhi-110092

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 Table of Contents
1 Introduction ............................................................................................................................. 7
1.1 Background .................................................................................................................................. 7
1.2 Structure of the Bid Document ..................................................................................................... 7
1.3 Request for Proposal .................................................................................................................... 7
2 Instruction to Bidder ................................................................................................................ 8
2.1 Scope of Bid .................................................................................................................................. 8
2.2 Checklist of documents as Pre-qualification Criteria for Eligible Bidder ....................................... 8
2.3 Other Criteria ............................................................................................................................. 11
2.4 Technical Capacity ...................................................................................................................... 12
2.5 Financial Capacity ....................................................................................................................... 13
2.6 One bid per Bidder ..................................................................................................................... 13
2.7 Cost of Bidding ........................................................................................................................... 13
2.8 Site Visit and verification of Information .................................................................................... 13
2.9 Pre-Bid Meeting.......................................................................................................................... 14
2.10 Amendment in the Bidding Document ....................................................................................... 14
2.11 Conflict of Interest ...................................................................................................................... 15
3 Preparation of Bids ................................................................................................................ 16
3.1 Procedure for Participation in e-Tendering ................................................................................ 16
3.1.1 Registration of Bidders one-Tendering System .................................................................................. 16
3.1.2 Digital Certificate ................................................................................................................................ 16
3.1.3 Key Dates ............................................................................................................................................ 16
3.1.4 Preparation and Submission of Bids ................................................................................................... 16
3.2 Bid Validity Period ...................................................................................................................... 16
3.3 Bid Document Fees .......................................................................................................................... 16
3.4 Earnest Money Deposit .................................................................................................................... 17
3.5 Language of Bid ................................................................................................................................ 17
4 Submission of Bids ................................................................................................................. 18
4.1 Online submission of Bids........................................................................................................... 18
4.2 Bid Due Date .................................................................................................................................... 18
4.3 Withdrawal, Substitution and Modification of Bids ......................................................................... 18
4.4 Bid Submission ................................................................................................................................. 18
4.4.1 Technical Bid Submission .................................................................................................................... 18
4.4.2 Financial Bid Submission ..................................................................................................................... 19

5 Technical and Financial Bid Evaluation ............................................................................... 20

5.1 Technical Evaluation ................................................................................................................... 20
5.2 Financial Bid Evaluation.............................................................................................................. 20
5.3 Selection of Bidder ..................................................................................................................... 20
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 5.4 Clarifications .................................................................................................................................... 20
5.5 Confidentiality ............................................................................................................................ 20
5.6 Award of Contract ...................................................................................................................... 21
5.7 Performance Security ................................................................................................................. 21
5.8 Signing of Contract Agreement ................................................................................................... 21
5.9 Stamp Duty, Legal Charges and Stationery Charges.................................................................... 21
6 Fraud and Corrupt Practices ................................................................................................ 22
7 Payment Schedule ................................................................................................................ 23
7.1 Payment Mechanism .................................................................................................................. 23
7.2 Compensation for delay ............................................................................................................. 24
7.3 Project Milestones ...................................................................................................................... 24
7.4 Penalty for Non-Compliance....................................................................................................... 24
7.5 Incentives / Bonus for early completion ..................................................................................... 25
8 Force Majeure ...................................................................................................................... 25
8.1 Procedure for Calling Force Majeure: ......................................................................................... 27
9 Termination .......................................................................................................................... 28
9.1 Default Conditions for Termination ............................................................................................ 28
9.2 Termination due to Event of Default .......................................................................................... 28
9.2.1 Termination due to Event of Default of Bidder ...................................................................................... 28
9.2.2 Termination due to Event of Default of Authority .............................................................................. 28
9.3 Consequences of Termination .......................................................................................................... 29
9.4 Payments upon Termination ............................................................................................................ 29
9.4.1 Termination Payment for Contractor Event of Default ...................................................................... 29
9.4.2 Termination Payment for Authority Event of Default ........................................................................ 29
9.5 Withdrawal of Termination ........................................................................................................ 29
10 Dispute Resolution ............................................................................................................ 30
11 Time and Extension of delay .................................................................................................. 30
12 Foreclosure of contract due to abandonment or Reduction in Scope of Work .................. 31
13 Recovery of Security Deposit .............................................................................................. 31
14 Labour laws to be complied by the bidder ............................................................................ 31
15 Miscellaneous .................................................................................................................. 31
16 Forms for Bid Submission ................................................................................................... 32
Form 1: Letter Comprising the Bid cum undertaking .............................................................................. 33
Form 2: Format for Description of Bidder .............................................................................................. 37
Form 3: Power of Attorney for Signing of Bid......................................................................................... 38
Form 4: Sample Form of Joint Venture Agreement ................................................................................ 39
Form 5: Form for Financial Pre-Qualification ......................................................................................... 40
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 Form 6: Format for summary of Technical Pre-Qualification ................................................................. 41
Form 7: Details of Projects eligible for Technical Pre-Qualification ........................................................ 42
Form 8: Format for Providing Details of Machinery to be Deployed for the Project .............................. 43
Form 9: Details of Key Personnel to be deployed for the Project ........................................................... 44
Form 10: Format for Providing Environment, Health and Safety Management Plan .............................. 45
Form 11: Format for Letter of Acceptance (LoA) .................................................................................... 46
Form 12: Format for Performance Bank Guarantee ............................................................................... 47
Form 12-A: Format for Bank Guarantee for Bid Security (EMD) ............................................................. 48
Form 13: Format of Financial Bid ........................................................................................................... 51
Form 14: Draft Form for Undertaking on Parent Company Guarantee................................................... 52
Form 15: Draft Form for Undertaking on Subsidiary Guarantee ............................................................ 54
17 SCOPE OF WORK (TORs) ..................................................................................................... 56

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1 Introduction
1.1 Background
The Ghazipur dumpsite is located near Ghazipur Dairy Farms at National Highway-24 in East Delhi
region. It is one of the major dumpsites in the country that has accumulated legacy waste being
dumped since 1984. It spreads over an area of 28.23 hectare (approx. 75 acres). The open dumping
at the Ghazipur dumpsite is causing serious concerns for the ecosystem through Air, Water and Land
pollution. There are strict directions from Hon’ble National Green Tribunal (NGT) to carry out bio-
remediation and bio-mining activities and clear the area asap.

The Municipal Corporation of Delhi (herein after referred to as “the Authority” in this Bid
Document) is seeking proposals from eligible Bidders to primarily undertake the work for disposal of
Legacy Waste through Bio-mining process for land reclamation, resource recovery and suitable
disposal of residual inert from the Ghazipur dumpsite. The contract shall be awarded to the successful
bidder (herein after referred to as “the Bidder” in this Bid Document) for a period of 18 months
reckoned from the date of signing of contract agreement. The scope of work can be broadly described
as: “Bio-mining of 30 Lakhs Tons Legacy waste and suitable disposal of processed and segregated
material in line with SWM Rules 2016, CPCB guidelines 2019, MoHUA advisory 2020 and related
directions from Hon’ble NGT”.
1.2 Structure of the Bid Document
The Bid Document is structured in the following manner with sufficient information:
1.3 Request for Proposal
1. Introduction
2. Instruction to Bidders
3. Preparation of Bids
4. Submission of Bids
5. Technical and Financial Bid Evaluation
6. Fraud and Corrupt Practices
7. Payment Schedule
8. Force Majeure
9. Termination
10. Dispute Resolution and Arbitration
11. Time & Extension of delay
12. Foreclosure of contract due to abandonment or reduction in scope of work
13. Recovery of Security Deposit
14. Labour laws to be complied by the bidder
15. Miscellaneous
16. Forms for Bid Submission
17. Scope of Work(TORs)

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2 Instruction to Bidder
2.1 Scope of Bid

The Authority invites bids for the execution of works (herein after referred to as "the Works")
detailed in this Bid Document. The successful bidder will be expected to complete the works by the
intended completion date specified in the section “Scope of Work” of this RFP document.
2.2 Checklist of documents as Pre-qualification Criteria for Eligible Bidder
S. No. Criteria Document required
1. The Bidder should be a firm incorporated Certificate of Incorporation in case of company along
in India under the Indian Companies Act with Articles of Association and Memorandum of
1956/2013 or a company incorporated Association
under equivalent law in India or abroad
and operating from at least last five
(05) complete Financial Years
2. In case of partnership firm The bidder needs to submit copy of Registered Deedof
Partnership

3. In case of sole proprietorship Bidder needs to submit Certificate of Enlistment

4. In case of Consortium/JV A. A formal letter of intent to enter into an agreement

should be produced
B. In case of Consortium/JV, a Consortium/JV
agreement should be produced (Form 4)
C. Members of the Consortium/JV should be
incorporated in India and operating for at least last
five complete Financial Years. The Lead member
should have a stake of at least 51% and will be held
responsible in all respect for execution of the
mentioned work

5. Parent company/subsidiary guarantee Every bidding entity, whether Indian National or

Foreign companies (i.e. 100% wholly owned subsidiary
incorporated in India in accordance with India
Companies Act, 2013) that shall participate in the RFP
have to submit the Parent company/subsidiary guarantee
as per Form-14 & 15.

However, in case of foreign companies, the bid

documents including registration, certificate of
incorporation, eligibility documents, experience letters,
etc. related to overseas and/or scripted in language other
than English, need to be translated in to English
Language. Further, all the documents need to be
legalized / vetted / authenticated by Indian embassy of
that particular country.

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6. Power of Attorney for mentioning A notarized Power of Attorney issued on Non-Judicial
authorized signatories Paper (Form 3);
OR
A company Board Resolution mentioning the names
of the authorized signatories

In case of Consortium/JV all the members should

submit a Power of attorney mentioning the Lead
member as the authorized signatory for thistender.
7. Should have handled, during preceding Bidders Kindly Note:
Seven (7) financial years prior to the A. Bidders need to submit Credential Certificates in
due date of this bid submission, support of the Technical Experience. It may
following works:
include a “Certificate of Successful Completion”
a. Having completed overall bio- for completed projects and/or “Satisfactory Working
mining/bio-remediation of at least 5 Certificate” for ongoing work to evaluate the
Lakhs Tons of Legacy Waste; working capacity and quality of the bidder.
B. Credential Certificates issued by the Executive
AND Engineer or equivalent or competent authority of a
b. Having work order of at least one State/Central Government, State Central
project of dumpsite bio-mining / Government undertaking, Statutory/ Autonomous
bio-remediation, involving 3 Lakhs bodies constituted by the Central/State stature,
MT of Waste Quantity; shall be considered for evaluation
C. Bids without requisite Credentials Certificates shall
. not be considered for evaluation
D. Bidder has to submit the Credentials of only those
projects, in which he had worked or is engaged (in
case of ongoing projects) as primary or key-
contractor. Any certificate submitted by the Bidder,
working as sub-contractor, shall not be considered
for evaluation.
E. If the projects have been executed as
Consortium/JV then proper legal documents
should be submitted mentioning the bidder was a
partner of the venture and not a sub-bidder.

In case of Consortium, all the members in combined

or any member of the Consortium/JV should meet
this criterion.
8. The Bidder should have an Average Copies of Balance Sheets and Profit & Loss Statements
Annual Turnover of INR 85 Crores in endorsed by the Statutory Auditor of the bidder for the
last 3 financial years (FY 2018-19, FY last 3 financial years
2019-20 and FY 2020-21)
In case of Consortium, all the members in combined or
any member of the Consortium/JV should meet this
criterion.
9. The bidder should have a Net Worth of Copy of the Certificate issued from a certified Chartered
not less than INR 17 Crores in the Accountant, not older than six (6) months from the date
preceding financial year (FY 2021-22) of submission of this RFP document.

In case of Consortium, all the members in combined

or any member of the Consortium/JV should meet
this criterion.

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 10. The bidder in case of single entity or An undertaking on Non-Judicial Stamp Paper stating the
each member in case of JV/ Consortium, same, dated on or after the ‘RFP Download Start Date
should not be blacklisted/ debarred/ (Online)”, must be submitted, stating the Bidder is Not
terminated of contract by any Blacklisted, debarred or terminated due to unsatisfactory
Government/ Government Board/ performance or Bankruptcy.
Corporation Company/ Statutory Board/
PSU company/ Non- Government/ In case of Consortium/JV all members should submit
Government of any sovereign countries/ the undertaking.
Private agenciesand Funding agencies in
the last 3 years.
11. Valid Scanned Copies of the statutory A. Trade License/Certificate of Enlistment,
documents B. PAN Card,
C. Professional Tax Registration Certificate and
D. Goods and Service Tax (GST) registration
certificate mentioning the 15-digit Goods and
Service Tax Payer Identification Number under the
GST Act 2017
E. Income Tax Return Certificate for the Financial
Years FY 2018-19, FY 2019-20 and FY 2020-21

Bidder should note: In Case any document is not

required in any particular state/country the bidder
should provide an undertaking on its company
letterhead duly signed by the authorized signatories
mentioning it is not applicable in that particular state for
its business.

In case of Consortium/JV all members should submit

the required documents.
12. The bidder should have a Registered Documentary Proof of having a registered office in
Office in India India.

In case of Consortium/JV the Lead member should

submit Documentary Proof of having a registered
office in India.
13. Covering Letter as per format Duly signed Form 1.
In case of Consortium/JV the Lead member
should submit on their letterhead.
Bidder should note: In Case any document is not required in any particular state, the bidder should
provide an undertaking on its company letterhead duly signed by the authorized signatories mentioning
it is not applicable in that particular state for its business.

1
0
2.3 Other Criteria
1. Consortium/JV is allowed as per the rules and regulations of Government of India, subject to a
maximum of 3 members. A Consortium/JV bid will be considered in the name of the lead partner,
registered agreement (named as Consortium/JV Agreement as per Form 4) signed by all the
members should be furnished along with the bid
2. All members of the Consortium/JV should have joint and several liabilities for execution of the
project. The Consortium/JV should share copy of the work sharing bipartite/ tripartite (depending
upon the number of Consortium/JV members) agreement, clearly specifying work share of each
Consortium/JV member, along with the technical bid, dated on or after the RFP download start
date
3. It should be stated in the Consortium/JV Agreement the name of the Lead member. Lead member
should be having more than 51% equity stake in the Consortium/JV and will be responsible on
behalf of the Consortium/JV in all matters related to the project. Other members should be having
at least 10% equity stake in the Consortium/JV. The percentage stake of other members should
also be stated in the Consortium/JV agreement.
4. In Case of any failures the Lead member will be responsible to compensate the liquidated damages
and penalties to Authority in addition to all matters related to the project. The Lead Member of the
Consortium/JV must be registered and/or incorporated under appropriate laws of India
5. The Consortium/JV Agreement must clearly spell out the identity of the lead member, the
proportion of financial involvement of the respective members and must state unequivocally that
an action by the lead member will bind all the other members, jointly and severally, irrespective of
their respective financial involvements in the Consortium/JV. An attested true copy of a legally
binding Consortium/JV Agreement must be submitted along with the technical bid
6. It should be clearly mentioned in the Consortium/JV agreement that if any Consortium/JV gets
selected as the successful bidder then none of the members can exit the Consortium/JV or get
replaced till the project is completed. Any deviation or violation on part of the successful
Consortium/JV will cause it to forfeit the Performance Security Deposit.
7. In case any change in the membership of the Consortium/JV is required to be made by the members
of the Consortium/JV, the same shall be done with the prior consent of Authority subject to the conditions
as may be stipulated by the min this regard.
8. The Bidder or any member of the Consortium/JV should not be blacklisted/ debarred/ terminated
of contract by any Government/ Government Board/ Corporation Company/ Statutory Board/ PSU
company/ Non-Government/ Government of any sovereign countries/ Private agencies and
Funding agencies in the last 3 years. An undertaking towards the same must be submitted by all
members of the Consortium/JV dated on or after the RFP download start date.
9. The Bidder should have an Average Annual Turnover of INR 85 Crores Only in the last 3
financial years (FY 2018-19, FY 2019-20 and FY 2020-21). Balance Sheets and Profit &
LossStatementsforthe3FinancialYears,as mentioned above, must be submitted. Also, a certificate
from the auditor must be submitted clearly mentioning the annual turnover for the 3 Financial
Years as mentioned above (Form 5). In case of a Consortium/JV, all members of the
Consortium/Joint Venture, are allowed to jointly fulfill this criterion.
10. The Bidder should have a Net Worth of not less than INR 17 Crores in the preceding financial year
(FY 2021-22) (Form 5). In case of a Consortium/JV, all members of the Consortium/Joint Venture,
areallowed to jointly fulfill this criterion.
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 11. The Bidder or any member of the Consortium/JV (in case of Consortium/JV) should have the
necessary credentials as mentioned in the eligibility criteria (even for technical evaluation).
12. Bidder or Bidder’s Parent Company or Subsidiaries must satisfy the qualification criteria described
below:
“A parent company is company that owns 100% of the outstanding voting stock in another
company (second company) and controls management and operation of the second company by
influencing or electing its board of directors; the second company being deemed a subsidiary of the
parent company”. Under the definition of a ‘parent company’, a bidder that is a subsidiary can have
only one parent company. ‘Bidders’’ using the contractual experience of the Parent Company or
Subsidiaries must satisfy the criteria stated below for the Parent Company or Subsidiary. A failure
to meet this criterion shall result in rejection of the bid. A failure to furnish the Parent Company
Guarantee (Form 14) or the Subsidiary Company Guarantee(s) (Form 15) as appropriate, shall
result in the rejection of the tender.
13. Copies of the Work Order/ Agreement/ Contract Copy and Work Completion Certificates between
the participating bidder and the client, as mentioned in the Section 5.1, must be submitted to fulfill
the eligibility criterion.
14. The Bidder or in case of JV, any of its JV members should have their well-established office within
Delhi-NCR. However, if the bidder/JV is not Delhi-NCR based and they happen to succeed in the
bid, then they should open such office within 2 months of the receipt of the LOA/ work order.

2.4 Technical Capacity

For demonstrating technical capacity (“the technical capacity”), the bidder has to comply with all of
the following conditions:

i. Should have handled, during preceding Seven (7) financial years prior to the due date of this bid
submission, following works:

a. Having completed overall bio-mining/bio-remediation of at least 5 Lakhs Tons of Legacy

Waste;
AND

b. Having work order of at least one project of dumpsite bio-mining / bio-remediation, involving 3
Lakhs MT of Waste Quantity.

ii. In case an eligible project for assessing “the technical capacity” has been jointly executed by the
Bidder (as part of a Consortium/JV), then the entity claiming such eligibility should satisfy both of
below conditions:

a. Have held minimum 26% share in the project for which the experience is being claimed. The
claiming entity shall produce proof of percentage shareholding in the project for which
experience is being claimed.
b. The project for which experience is being claimed shall be qualified as “eligible project” for
the technical capacity only, if the claiming entity have carried out relevant work or delivered
similar services, which satisfies the requirement laid down in pre-qualification criteria. In
support of this, the bidder needs to submit the suitable documents in proof of relevant work
done or similar services delivered, such as JV agreement, etc.

12
iii. The eligible projects claiming “the Technical Capacity” should have been awarded by any Local
Body/ any Government / Semi-Government Organizations / Public Sector Undertakings in India
with direct contract with them. For completed projects, completion certificate from the ULB,
signed by executive engineer or equivalent or authorized signatory shall be submitted along with
the bid. For ongoing projects, the payment certificate or running bills (with mentioned of
quantity), duly certified by an official not below the grade of executive engineer/finance officer or
equivalent, should be furnished.

2.5 Financial Capacity

For demonstrating the financial capacity (“the Financial Capacity”), the bidder has to comply with
each of the following conditions:

i. Minimum average turnover of INR 85 Cr. (INR Eighty Five Crores Only) in the preceding 3
financial years from the due date of submission of this bid;
ii. Should have a Net Worth of at least INR 17 Cr. (INR Seventeen Cores Only) in the
preceding financial year (FY 2021-22).

For the purposes defining the Net Worth, the net worth (the “Net Worth”) shall mean the 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 loses, 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. In case the Bidder is a trust or a
society, Net Worth will mean the sum of available corpus and reserves.

2.6 One bid per Bidder

A Bidder is eligible to submit only one Bid for the Project in entire bidding process either
individually or as a member of any one Consortium/JV. Applicant/Bidder shall not be entitled to
submit another bid either individually or as a member of any other Consortium/JV, as the case
may be.

2.7 Cost of Bidding

The Bidders shall be responsible for all the costs associated with the preparation of their Bid sand
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.

2.8 Site Visit and verification of Information

Prior to submitting the Proposal, the Bidders are advised to visit and examine the project site and
its surroundings, obtain and ascertain for themselves all technical data, and other information
necessary for preparing their Proposal (bid) including carrying out necessary technical surveys, field
investigations, assets condition assessment etc. at its own cost and risk. Bidders are encouraged to
submit their respective Bids after visiting the Project site/area to ascertain the ground situation,
coverage, quality of assets or any other matter considered relevant by them. The Bidders shall be
deemed to have full knowledge of the site conditions, whether physically inspected or not, if Bidder
submits a Proposal for this project.

For the above purpose, the Bidders may approach the Authority for assistance during any site visit. The

13
Bidders shall be responsible for all arrangements and shall release and indemnify the Authority and
/or any of its agencies/consultants/advisors from and against all liability in respect here of and shall be
solely responsible for any personal injury, loss of or damage toproperty or any other loss, damage, costs
or expenses, however caused, which, but for the exercise of such permission, would not have arisen due
to this RFP.

It shall be deemed that by submitting a Bid, the Bidder has:

i. Made a complete and careful examination of the Bidding Documents;
ii. Received all relevant information;

iii. Acknowledged and accepted the risk of inadequacy, error or mistake in the information
provided in the Bidding Documents or furnished by the Authority and shall not be a basis
for any claim for compensation, damages, extension of time of performance of its
obligations, loss of profit etc. from the Authority, or a ground for termination of the
Contract Agreement;

iv. Satisfied itself about all matters, things and information 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 there under;

2.9 Pre-Bid Meeting

The bidders or their official representatives are invited to attend a pre-bid meeting. The purpose of
the meeting will be to clarify issues and to answer questions on any matter that may be raised at that
stage. The date, time and address of the Pre-bid meeting shall be as specified in the bid datasheet.

Bidders requiring any clarification on the bidding documents or questions on any matter that may be
raised at that stage, may send their queries in written, addressed to contact person as mentioned in the
Bid Data Sheet, latest by one day before the pre-bid meeting date mentioned in the bid data sheet.
The responses of the Authority will be uploaded only on the Website
www.etenders.gov.in/eprocure/app shall not be communicated separately to the bidders.

The Authority shall endeavor 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 which will have
material adverse effect on the bidding outcome.

The Authority may also on its own motion, if deemed necessary, issue interpretation sand clarifications to
all Bidders. All clarifications and 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.

2.10 Amendment in the Bidding Document

At any time prior to the deadline for submission of proposals, the Authority may amend the RFP
documents, including any contractual document, by issuing an Addendum.

Any Addendum thus issued shall be part of the RFP documents and shall be published on the website
www.etenders.gov.in/eprocure/app Authority may communicate in writing by mail or by fax to all
14
short-listed Bidders to whom the RFP documents are issued.
The Authority bears no obligation for any bidder not receiving the information of the addendum
issued to this RFP for any reason whatsoever.

2.11 Conflict of Interest

A Bidder shall not have the conflict of interest (the “Conflict of Interest”) that affects the Bidding
Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of
disqualification, the Authority shall forfeit and appropriate the EMD or Performance Security (the
3% of Contract Value will be the value of performance security – Refer to Form -12 of the RFP), as
the case may be. Without limiting the generality of the above, a Bidder shall be considered to have a
‘conflict of interest’ that affects the ‘Bidding Process’, if:

i. Such Bidder (or any constituent thereof) and any other Bidder (or any constituent thereof)
have common controlling shareholders or other ownership interest;
OR
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 from any other Bidder,
or has provided any such subsidy to any other Bidder;
OR
iv. Such Bidder has the same legal representative for purposes of this Bid as any other Bidder;
OR
v. Such Bidder has a relationship with another Bidder, directly or through common third
parties, that puts them in a position to have access to each other’s information about, or to
influence the Bid of either or each of the other Bidder.

A Bidder shall be liable for disqualification and forfeiture of EMD or Performance Security and
termination of contract as the case may be, if a conflict of interest on part of Bidder is discovered by
the Authority (i) during the Bidding Process, or (ii) subsequent to the issue of letter of award (LoA)
or (iii) subsequent to the execution of the Contract Agreement.

15
3 Preparation of Bids
3.1 Procedure for Participation in e-Tendering

3.1.1 Registration of Bidders one-Tendering System

All the bidders must register on the website www.etenders.gov.in/eprocure/app User- id/Bidder- id
and password will be provided to the bidders on their registered e-mail id after completing the
registration process. After signing-in through the user-id/Bidder-id the bidder can download the
bidding document and participate in further bidding process. For more details on the e-tendering
procedure the bidders may refer the information provide on the website
www.etenders.gov.in/eprocure/app.

3.1.2 Digital Certificate

The bids submitted online should be signed electronically with Digital Certificate to establish the
identity of the bidder submitting the bid online. For more details on the process of getting digital
certificate and signing the bid document through digital certificate the bidders are advised to refer
the information provided on the e-tender website.

3.1.3 Key Dates

The bidders are strictly advised to follow the time schedule (Key dates) of the bid from their side for
tasks and responsibilities to participate in the bid, as all the stages of each bid are locked before the
start time and date and after the end time and date for the relevant stage of the bid as set by the
Authority.

3.1.4 Preparation and Submission of Bids

The bidders have to prepare their bid online, encrypt their bid data in the Bid forms and submit Bid
of all the envelopes and documents related to the Bid required to be up loaded as per the time schedule
mentioned in the key dates provided in this RFP document dafter singing of the same by the Digital
Signature of their authorized representatives.

Note:

i. Bidders are requested to visit e-tendering website regularly for any clarifications and/or due date
extension or corrigendum.
ii. Bidder must positively complete online e-tendering procedure.
iii. The Authority shall not be responsible in any way for delay/difficulties/ inaccessibility of the
downloading facility from the website for any reason whatsoever.
iv. In case, due date for submission & opening of tender happens to be a holiday, the due date shall be
shifted to the next working day for which no prior intimation will be given.
v. The Authority reserves the right for extension of due date of opening of technical bid.

3.2 Bid Validity Period

The bids shall remain valid for a period specified in the RFP from the due date of biding as
prescribed by the Authority. The validity of the bid can be extended by mutual consent in writing.
3.3 Bid Document Fees
The Bid Document shall be available for download to concerned eligible bidders immediately after
16
online release of the bids and up to scheduled time and date asset in the key dates. The bid
document can be downloaded free of cost; however, the bidders have to pay Bid document fees, of
the amount as mentioned in the bid data sheet, at the time of their online bid submission. The
payment for the cost of bid document shall be made online as per the instruction provided on the
website.
3.4 Earnest Money Deposit

The Bidder shall furnish, as part of the Bid, an Earnest Money Deposit (EMD) of the amount as
mentioned in bid data sheet of the RFP document. However, an amount of INR Rs. 20,00,000
against the mentioned EMD amount must be submitted through online portal. Remaining EMD
amount of Rs. 2,45,00,000/- (Two Crores and forty Five Lakhs Only) must be submitted by the
Bidder in the form of Bank Guarantee from a Scheduled Bank at the time of submission of bid.
Please refer to format of Bank Guarantee for EMD as Form-12A, attached at Annexure-A. The
same need to be prepared from a Scheduled Bank.
All bidders shall pay EMD as specified above and there is no provision of exemption of EMD. No
interest shall be payable on the EMD. The Bidder shall bear the cost relating to providing its EMD.
Any Bid not accompanied by the EMD shall be rejected by the Authority as being non- responsive
Bid.
The EMD of unsuccessful Bidders will be returned within 30 days of the date of finalization of
successful Bidder or signing of the contract
agreement with the successful bidder whichever is later. If the Bid is cancelled for any reason
whatsoever, the EMD shall be returned to all the bidders within 30 days from the date of such
cancellation. The EMD of the successful Bidder will be retained by the Authority and returned
after 30 days of signing of contract agreement and furnishing the performance guarantee by the
successful bidder. The successful bidder shall ensure that its EMD remains valid during such
period.

The EMD will be forfeited if:

i. Any bidder withdraws its bid during the validity period of the Bid;
ii. The successful Bidder fails to sign contract agreement or submit performance guarantee, asthe case may
be.
iii. The Authority finds out that the bidder has involved in corrupt and fraudulent practice or has given any
material misrepresentation in its bid knowingly or unknowingly.
iv. Any other reason thereof mentioned in this bid document.
v. The Bidders fails to comply with the Bid process.

3.5 Language of Bid

The bid and all related correspondence and documents shall be written in the English language.
Supporting documents and printed literature furnished by the Eligible Bidder with the Proposal
may be in any other language if they are accompanied by an appropriate translation into English.
Supporting materials that are not translated into English shall not be considered. For the purpose of
interpretation and evaluation of the Proposal, the English language translation shall prevail.

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4 Submission of Bids
4.1 Online submission of Bids
The bidders must submit their respective bids online, as per the instructions provided on thee-
tender website online submission of bids. The bidders shall submit their Bids duly completed in all
respect on or before the due date of bid sub mission after singing of the same by the Digital
Signature of their authorized representatives. The Bid submitted online by the Bidder shall be in
the following part:
Part 1: Responsiveness and Technical Bid

Part 2: Price bid

4.2 Bid Due Date
The due date and time of the bid submission is as mentioned below:

02.09.2022 at 03:00 PM
Pre-bid conference: on 16.08.2022 at 03:00 PM in Conference Hall, 9th Floor, E-1 Block, Dr.
S.P.M. Civic Centre, JLN Marg, New Delhi – 110002.

The Online Bid should be submitted on or before the due date of bid submission.
The Authority may, in its sole discretion, extend the Bid Due Date by issuing an Addendum. While
extending the Bid Due Date on account of an addendum, the Authority shall have due regard for
the time required by Bidders to address the amendments specified therein. In the case of significant
amendments, at least 15 (fifteen) days shall be provided between the date of amendment and the
Bid Due Date, and in the case of minor amendments, at least 7 (seven) days shall be provided.

Authority will publish the Addendum on the website of http://mcdonline.nic.in and

www.etenders.gov.in/eprocure/app
4.3 Withdrawal, Substitution and Modification of Bids
Bidders can withdraw and modify their respective online submitted bid till the end of the due date
of bid submission. The Bidder will not be able to modify a Bid after the due date of submission of
this Bids. The bid for which withdrawal request has been received by the Authority after the due
date of bidding shall be declined from the bidding process.

In the event of withdrawal of a Bid by the Bidder, after the due date of its submission, the
Authority reserves the right to forfeit the EMD of the bidder at its sole discretion.
4.4 Bid Submission
4.4.1 Technical Bid Submission

The checklist of documents to be submitted as a part of technical proposal by the responsive

bidders will be as per the following:
Checklist of documents to be submitted for the responsiveness evaluation under Technical Bid:

1. This RFP document, with all pages signed by the Authorized Signatory.

2. Power of Attorney or Company Board Resolution establishing the Authorized Signatory.

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 3. Certificate of Incorporation/ Registered Partnership Deed.

4. Covering Letter (as per Form 1).

5. General Information of the Bidder (as per Form 2).
6. Credentials of the Bidder along with relevant Work Orders, Agreements
and Completion/Commissioning Certificates (as per Forms 6 and 7).
7. Financial Capabilities of the Bidder (as per Form 5).
8. Bid Security in the form of bank guaranty and proof of online payment.
9. Undertaking on Non-Judicial Stamp Paper stating the Bidder is Not Blacklisted, Bankrupt and
debarred for any unsatisfactory performance.
10. Valid Scanned copies of the following documents:
i. Trade License /Certificate of Enlistment.
ii. PAN Card.
iii. Professional Tax Registration Certificate.
iv. Goods and Service Tax (GST) registration certificate mentioning the 15-digit Goods
and Service Tax Payer Identification Number under the GST Act2017.
11. Income Tax Return Certificate for the Financial Years 2018-19, 2019-20 and 2020-21
12. Others – all documents as mentioned in the table “checklist of documents as pre-qualification criteria”.
13. Plant and machinery details.
4.4.2 Financial Bid Submission
Financial bid shall be submitted as per the BOQ format given in the financial bid form (Form 13).
The bidder shall have to quote rates exclusive of GST and the GST shall be reimbursed as per
actuals. No other duties, taxes and levies shall be reimbursed by the authority. Further, the rates
quoted should be firm for the entire contract period and no change/ escalation on any account shall
be allowed.

Note:
Chapter XXI-Miscellaneous, Section 171(1) of GST Act, 2017 governs the ‘Anti Profiteering
Measure’ (APM). As per the provision of this section, ‘Any reduction in rate of tax on any supply
of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of
commensurate reduction in prices’ Accordingly, the contactor should pass on the complete benefit
accruing to him on account of reduced tax rate or additional input tax credit, to Authority. Further,
all the provisions of GST, Act 2017 and from time to time will be applicable to the tender.

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5 Technical and Financial Bid Evaluation
5.1 Technical Evaluation
The Bidders need to fulfill the minimum eligibility criteria as defined in relevant clauses of this
RFP to be eligible for opening of financial proposal (“Technically qualified Bidders”). Financial
proposal for the bidders, who are not found technically qualified shall not be considered for further
evaluation.

The Corporation proposes and reserves the rights to visit, one or more project sites listed by the
Bidder as their experience to independently verify and satisfy itself about quality of work being
performed and certificates filed as part of Bidding Documents. For this purpose, Bidders shall be
responsible to organize meetings with their respective clients and taking around Corporation’s team
in the Project Area.
5.2 Financial Bid Evaluation
The Financial Bid of the Technically qualified bidders shall be opened. For financial evaluation,
the total cost indicated / quoted in the Financial Proposal (Form-13), will be considered.
5.3 Selection of Bidder
The Bidder with the lowest rate (L-1) per MT of waste shall be declared as the selected Bidder.
MCD is also in process of inviting similar bids for Bhalswa and Okhla landfills. Any bidder or any
member of consortium shall not be awarded work at more than one dumpsite. In case any bidder
becomes L-1 in two or three cases, the work of only one dumpsite shall be awarded to the bidder as
per bidder’s choice. For other remaining landfills, L-2 bidder(s) shall be offered to work at the rates
of L-1 bidder. If L-2 bidder refuses to work at L-1 rates, the offer will be extended to next bidder
down the line and so on. Clearly L-1 rates will apply.
5.4 Clarifications
To facilitate evaluation of Proposals the Authority may, at its sole discretion, seek clarifications
from any Bidder during the evaluation period. 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) shall be in writing. If a Bidder does not provide clarifications sought within the
prescribed time, its Proposal shall be liable to be rejected. In case the Proposal is not rejected, the
Authority may proceed to evaluate the Proposal 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.

Bidders are advised that the evaluation of Proposals will be entirely at the discretion of the
Authority. Bidders will be deemed to have understood and agreed that no explanation or
justification on any aspect of the Bidding Processors election will be given. Any information
contained in the Proposal 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 any Project is subsequently
awarded to it under the Bidding Process based on such information.
The Authority reserves the right not to proceed with the Bidding Process at any time without notice
and to reject any Proposal without assigning any reasons.
5.5 Confidentiality
The Authority shall ensure that the rules for the bidding proceedings for the Project are applied in a
non- discriminatory, transparent and objective manner. The Authority shall not provide to any
20
Bidder information with regard to the Project or the bidding proceedings, which may have the
effect of restricting competition. Information relating to the examination, clarification, evaluation,
and recommendation for the short-listed pre-qualified Bidders shall not be disclosed to any person,
who is not officially concerned with the process or is not are trained professional advisor advising
the Authority in relation to or matters arising out of or concerning the Bidding Process. Any
effort by a Bidder to influence Authority’s evaluation of Bids or award decisions will result in
the rejection of the Bidder’s Bid.
5.6 Award of Contract
The Authority shall notify the successful bidder by issuing a 'Letter of Acceptance ' (LOA) that his
bid has been accepted. The successful Bidder shall acknowledge his acceptance of the LoA issued
by the Authority within 7 (seven) days as evidenced by signing and sending a copy of the LoA
issued. In the event the duplicate copy of the LoA duly signed by the Authorized signatory of the
Selected Bidder is not received within the stipulated date, the Authority may, unless it consents to
extension of time for submission thereof, appropriate the EMD of such Bidder on account of
failure of the Selected Bidder to ac knowledge the LoA.
5.7 Performance Security
Prior to the signing of the contract agreement, the successful Bidder shall have to furnish
Performance Security to the Authority in the form of bank guarantee (“the Performance Bank
Guarantee” (PBG)) issued by a scheduled bank located in India in the format given in Form12,for
an amount equivalent to 3% of the Contract Value. The performance security of a Consortium/JV
shall be in the name of the Consortium/JV. Failure of the successful bidder to comply with the
requirements of this clause, shall constitute a breach of contract, cause for annulment of the award,
forfeiture of the EMD, and any such other remedy the Authority may take under the contract.
5.8 Signing of Contract Agreement
The successful bidder shall have to furnish the Performance security as directed above and sign the
contract agreement within 21 days of issue of LoA. The signing of contract agreement shall be
reckoned as intimation to commencement of work. No separate work order shall be issued by the
Authority to the Bidder for commencement of work. In the event of failure of the successful bidder
to submit Performance Security and or sign the Contract Agreement, his EMD shall stand forfeited
without prejudice to the right of the Authority for taking any action against the bidder.
5.9 Stamp Duty, Legal Charges and Stationery Charges
The Bidder shall pay stamp duty on the contract and legal &stationery charges for preparation of
the contract agreement, as per the applicable rules. The contract agreement shall be adjudicated for
payment of stamp duty by successful Bidder on contract, advance or BG as the case may be.

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6 Fraud and Corrupt Practices
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 Contract Agreement. Notwithstanding anything to the contrary contained
herein, or in the LoA or the Contract Agreement, the Authority shall reject a Bid, withdraw the
LoA, or terminate the Contract Agreement, as the case may be, without being liable in any manner
whatsoever to the Bidder or Bidder, as the case may be, if it determines that the Bidder or Contract,
as the case may be, has, 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 forfeit and appropriate the EMD or
Performance Security 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.

For the purposes, the following terms shall have the meaning hereinafter respectively assigned to
them:
i. 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 Contract Agreement or arising there from, before or after the execution thereof, at
any time prior to the expiry of one year from the date such official resigns or retires from or
otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the
actions of a person connected with the Bidding Process); or (ii) engaging in any manner
whatsoever, whether during the Bidding Process or after the issue of the LoA or after the execution
of the Contract Agreement, as the case maybe, any person in respect of any matter relating to the
Project or the LoA or the Contract Agreement, 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;
ii. Fraudulent practice means am is representation or omission of facts or suppression of facts or
disclosure of incomplete facts, in order to influence the Bidding Process;
iii. 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;
iv. 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
v. 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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7 Payment Schedule
7.1 Payment Mechanism
Payment disbursement/milestones for delivering each part of the scope of work will be as per
following mechanism:

A. Disposal of 30 Lakh MT of legacy waste by Bio-remediation and Bio-mining at Ghazipur

dumpsite, Delhi

Payment for the work shall be calculated by the Authority based on the following formula:

Payment calculation for Work (P) = (WXR)

Where,

W= Arithmetic sum of weight of all material in tons, moving out from the dumpsite (i.e. RDF, Soil
enricher, Recyclables, C&D waste, Inert material, etc.)
R = Rate per ton.

The Bidder shall submit to the Authority a statement (“the Running Bill”) on completion of every month,
but in no case late than 7th (Seventh) day of the succeeding month or in case the 7th (Seventh) day is a
holiday then on the following working day of such month. The statement should include the following
details:
i. Quantity of Work Completed (in terms of material sent out from the dumpsite) at site including
photographic evidence of the same.
ii. Certificate from the Engineer-in-Charge certifying the work done as per the work plan.
iii. The documents furnishing the proof of disposal/ utilization (with date, quantity, other details) at
the suitable location for the end product (inert, combustible, others if any). Utilization certificate
of disposed material must be furnished. Please refer to the “Scope of work, Part-A, Clause-1,
"Sub Clause (xx)”for requirement of documents.
iv. All disposal vehicles must be GPS enabled.

# The Bidder shall also submit quarterly report on topographical survey, stating the total quantum of the
waste at the beginning, waste removed from the site and the remaining volume of the waste.

The payments shall be released on monthly basis, subject to the compliances of all the clauses mentioned
above and in the scope of work, as per following schedule:

1. An amount of 50% *of billed value shall be paid within 15 days of the bill submission by the
Contractor/agency.
2. An amount of 40% of billed value shall be paid within 15 days of submission of documentary
proof/evidence, as per clause (i) to (iv) mentioned above.
3. An amount of 10% of the total billed value shall be held from the monthly bills, which shall be
paid after every 3-months based on the submission of Topographic survey results and data on
laboratory test results for the output (inert quality, calorific value for combustible, organic content,
density) – monthly basis.
*This amount shall not exceed the performance security submitted bythe bidder at any point of time during
the contract period.

23
 4. All the payments shall be made after deduction of penalties/fine (if any), utility charges
such as electricity bills, etc., or and any other deduction, as applicable.
7.2 Compensation for delay
In case the work is not completed within the stipulated period of completion or as per
milestones mentioned in clause 7.3 below and along with all such extensions, which are
granted to the Bidder for either Authority's default or Force Majeure or as decided by
Authority, the compensation shall be levied on the Bidder at the rate of Rs. 20,000 /- per day
of delay limited to maximum of 10% of the Contract Value.
The Authority will deduct the compensation damages from payments due to the Bidder.
If the cumulative compensation damage amount equals 10% of the Contract Value, the authority may:
i. Terminate the contract agreement and forfeit the Performance Security
ii. Retain the Bidder on depositing the amount equivalent to the such compensation
damage of 10% of the contract amount. However, the retention of the Bidder on such
ground shall not free him from his liabilities for completion of the work or any future
imposition of compensation damages.
The decision of the Authority in this regard shall be final and binding upon both the parties.
7.3 Project Milestones
All the provisions of Penalties and Incentives shall be applicable based on quarterly
milestones. Considering 18 months duration for project execution activities, the milestones
shall be linked with the following %age of work completion:

B. Milestones for the Bio-mining work:

S.No. Period Target %age completion

1 Quarter 1 6%

2 Quarter 2 18%

3 Quarter 3 18%

4 Quarter 4 18%

5 Quarter 5 20%

6 Quarter 6 20%

TOTAL 100%

* Above %ages are in terms of reduction in legacy waste quantities

Note: Bidders need to ensure the above timelines and also submit the work schedule as
per the above milestones.
7.4 Penalty for Non-Compliance
S. No. Penalty Description Penalty Amount
1 Non-compliance to SWM Rules 2016 and other Rs.20,000 /-per incidence per day, till
Environmental Standards notified by regulatory the compliance of the failure is
authorities or as specified in the Contract. achieved.
24
 2 Non-compliance of Safety Standards, use of Rs.20,000 /- per incidence per day, till
Personal Protective Equipment, fire safety, slope the compliance of the failure is
stability while forming windrows (if any during achieved.
pre-stabilization process) by the workers.
3 Non-compliance against disposal mechanism Rs.10,000 /- per incidence per day, till
as prescribed in the scope of work (for inert, the compliance of the failure is
combustible or any other end product). achieved.
4 Non-provision of Site Facilities as per the work Rs.10,000 /- per item per day, till the
plan, submitted by the Bidder at the start of compliance of the failure is achieved
work and duly approved by the Authority.
5 Non-achievement of quarterly milestones, 3% of the missed quantities for that
with respect to the reduction of waste quantitiesas Quarter . (Missed quantity X Rate per
per work schedule. ton X 3%).
6 Non-function of weighment system due to Rs. 10,000 /- per incidence per day,
Technical Problems, in case it is not rectified till the compliance of the failure is
within 24 hrs. achieved.
7 Tampering of records at weighbridge or 50% of the value of bills certified for
submission of manipulated records or any three (03) preceding months from the
malpractice which will affect quantity & quality month of incidence noticed.
of work done.
# All the penalties, mentioned above, shall be in addition to the Penalties/Actions imposed
by concerned authorities for non-compliances.
7.5 Incentives / Bonus for early completion
In the event that the Project Completion Date occurs prior to the Scheduled Completion
Date, the Contractor shall be entitled to receive a payment of bonus equivalent to 0.03%
(zero point zero three per cent) of the Contract Price for each day by which the Project
Completion Date precedes the Scheduled Completion Date, but subject to a maximum of
3% (three per cent) of the contract price

8 Force Majeure
Any of the following events which is beyond the control of the party claiming to be
affected thereby (“Affected Party”), and which the Affected Party has been unable to
overcome or prevent despite exercise of due care and diligence, and result in Material
Adverse Effect shall constitute Force Majeure Event:
i. Earthquake, flood, inundation and Epidemic and Pandemic like situations;
ii. Storm, tempest, hurricane, cyclone, lightning, thunder or other extreme atmospheric
disturbances;
iii. fire caused by reasons not attributable to the Bidder/Authority or any of the
employees, or agents of the Bidder/ Authority.
iv. Acts of terrorism.
v. Strikes, labour disruptions, any other disruptions or public unrest not arising on
account of acts ofthe Bidder/ Authority.
vi. Action of Government agencies having material adverse effect, including but not limited to:
a. Acts of expropriation compulsory acquisition or take over by any
Government Bidder of the processing/ landfill site facilities or any part
25
 thereof.
b. Any judgment or order of a court of competent jurisdiction or statuary
authority in India made against the Bidder in any proceeding, which is non-
collusive and duly prosecuted.
c. any unlawful, unauthorized or without jurisdiction refusal to issue or to
renew or the revocation of any applicable permits, in each case for reason
other than the Bidder’s breach or failure in complying with the SWM rule,
2016, O&M requirements defined in the contract, applicable laws, applicable
permits, any judgment or order of any Government Bidder or of any contract
by which the Bidder as the case may be is bound.
d. Early termination of this agreement by Authority for reason of national
emergency or national security.
vii. war, hostilities (whether declared or not), invasion, act of foreign enemy, rebellion,
riots, weapon conflict or military actions, civil war, ionizing radiation, contamination
by radioactivity from nuclear fuel, any nuclear waste, radioactive toxic explosion,
volcanic eruptions.
viii. Strikes, work to rule actions, go slow or similar labour difficulty in the city as a
whole and not specific to the work
ix. Any resistance from the citizens or any other groups not allowing to operate the
plant stipulatedin the tender.
x. Change in Law, which shall mean the occurrence or coming into force of any of the
following, after the contract signing:
a. The enactment of any new Indian law including laws related to
environment/emission/ discharge standards;
b. The repeal, modification or re-enactment of any Applicable Law;
c. A change in the interpretation or application of any Indian law by a court of record.

Force Majeure shall not apply in the following circumstances and events:
i. Un-availability, late delivery of the spares, machineries, materials consumables
for the workon account of change in cost, delay in manufacture;
ii. A delay in performance of any other Bidder or employees of the Bidder;
iii. Non-performance of machineries resulting from wear and tear and not maintained in time.
iv. Non-performance on account of failure to comply with any laws of India related to the work.

Neither Authority nor the Bidder shall be considered in default or in contractual breach
to the extent that performance of obligations is prevented by a Force Majeure Event
which arises after the

26
date of issue of work order.

Upon occurrence of an event considered by the Bidder to constitute Force Majeure and which may
affect performance of his obligations, he shall promptly notify Authority’s representative, and shall
endeavor to continue to perform his obligations as far as reasonably practicable. The Bidder shall
also notify Authority’s representative of any proposals, including any reasonable alternative means
for performance, but shall not affect such proposals, without the consent of Authority’s
representative.

Upon occurrence of any event considered by Authority to constitute Force Majeure, and which may
affect performance of Authority 's obligations, he shall promptly notify the Bidder and the Bidder’s
representative, and shall endeavor to continue to perform his obligations as far as reasonably
practicable. Authority shall also notify the Bidder of any proposals with the objectives of
completing the works and mitigating any increased costs to Authority and the Bidder.
8.1 Procedure for Calling Force Majeure:
i. The Party claiming Force Majeure shall inform the other Party of the situation of Force
Majeure as soon as reasonably practicable. The efforts made by the affected party in
overcoming the effects will be conveyed to the other party with supporting data including
relief from them.
ii. The affected party shall also inform to the other party cessation of the Force Majeure or
circumstances and report regarding the total relief of what so ever nature desired by the
affected party.
iii. Neither party shall then be responsible or liable for any action under the tender conditions for
failure or delay in performance of the work under the contract.
iv. The period allowed for restoration of the normal performance by the parties of such obligation
shall be extended on day to day basis based on merit and mutual consent of the parties.
v. Each party shall use reasonable efforts to mitigate the effects of any event or circumstances of
Force Majeure and to cooperate to develop and implement a plan of remedial and reasonable
alternative measures to remove the event of Force Majeure. The affected should take lead and
exert to resume normal performance of its obligation under the tender conditions.
vi. The Bidder shall perform his obligations under the contract as near as it is reasonably practical,
also shall seek all reasonable alternative means of performance.
vii. When the affected party is able to resume performance of its obligations under this contract, it
shall promptly give the other party a written notice to that effect provided that in no event shall
the suspension of performance be of greater scope and of longer duration than is necessitated
by Force Majeure.
viii. The rights and obligations of the affected party shall be suspended to the extent they are
affected by the Force Majeure; ULB shall not be liable to make any payment to the Bidder for
him being affected on account of Force Majeure. In this situation, the Bidder shall only be paid
for the work done, since unforeseen situation should be shared by both, ULB and Bidder.

27
9 Termination
The Contract shall be deemed terminated in following conditions:
9.1 Default Conditions for Termination
i. Termination on expiry of the Contract: The Agreement shall be deemed to have been automatically
terminated on the expiry of the Contract period unless the Authority has exercised its option to
extend the Contract in accordance with the provisions, if any, of the Contract.
ii. Termination on account of Force Majeure: Either party shall have the right to terminate the
Contract on account of Force Majeure, as set forth in Clause Eight (8).
9.2 Termination due to Event of Default
9.2.1 Termination due to Event of Default of Bidder
The failure on the part of the successful bidder to perform any of its obligations or comply with any of
the terms of this Tender shall constitute an Event of Default on the part of the successful bidder. The
events of default as mentioned above may include, inter-alia, the following:
i. the successful bidder has failed to perform any instructions or directives issued by the Authority
which it deems proper and necessary to execute the scope of work under the tender;
ii. the successful bidder has failed to remedy a failure to perform its obligations in accordance with
the specifications issued by Authority, despite being served with a default notice which laid down
the specific deviance on the part of the successful bidder to comply with any stipulations or
standards as laid down by Authority;
iii. the successful bidder has failed to conform with any of the specifications as set out in the tender
or has failed to adhere to any amended direction, modification or clarification as issued by
Authority and which Authority deems proper and necessary for the execution of the scope of
work under this tender;
iv. there is a proceeding for bankruptcy, insolvency, winding up or there is an appointment of
receiver, liquidator, assignee, or similar official against or in relation to the successful bidder;
v. the successful bidder or its team has failed to comply with or is in breach or contravention of any
applicable laws;
vi. the successful bidder has failed to comply with any terms and conditions of this tender;
vii. misrepresentation of facts at any point of time.
In the event of any default by the successful bidder as stated above, Authority will issue a Notice to the
bidder in writing setting out specific defaults / deviances / omissions. The successful bidder will need to
remedy the default/ deviances / omissions committed within thirty (30) days of the receipt of the notice
to the satisfaction of Authority. In case, the successful bidder fails to remedy the default to the
satisfaction of Authority, Authority will be entitled to terminate the Agreement in full or in part.
Authority will revoke the Performance Security/EMD, provided by the bidder. Authority will not be
required to refund any money received from the bidder. Upon termination of the Agreement, the
Authority also has the right to debar the Bidder from participating in future works. If the project is
terminated then Authority will take possession of the plant and no compensation will be paid to the
bidder.
9.2.2 Termination due to Event of Default of Authority
The failure on the part of the Authority to perform any of its obligations or comply with any of the terms
of this Tender shall constitute an Event of Default on the part of the Authority. The events of default as
mentioned above may include, inter-alia, the following:

28
 i. The Authority has failed to make any due Payments (under Article 7) due to the Contractor
and more than 90 (ninety) days have elapsed since such default;
ii. The Authority is in Material Breach of any of its obligations under this Agreement and has
failed to cure such breach within 30 (thirty) days of receipt of notice thereof issued by the
Contractor;
iii. The Authority has unlawfully repudiated this Agreement or otherwise expressed its intention
not to be bound by this Agreement;
iv. Authority has unreasonably withheld or delayed grant of any approval or permission within
its respective jurisdictions and such delay and withholding is not attributable to Contractor or
Force Majeure which the Contractor is obliged to seek under this Agreement, and thereby
caused or likely to cause Material Adverse Effect; and
v. Any representation made or warranties given by the Authority under this Agreement have
been found to be false or misleading
Without prejudice to any other right or remedy which the Contractor may have in respect thereof
under this Agreement, upon the occurrence of Authority Event of Default, the Contractor shall be
entitled to terminate this Agreement by issuing Termination Notice. The Proposal needs to be
forwarded by the Contractor within the period stipulated therefore, and the Authority shall have
further period of 30 (thirty) days to remedy/ cure the underlying Event of Default. If, however
Authority fails to remedy/ cure the underlying Event of Default within such further period allowed,
the Contractor shall be entitled to terminate the contract.
9.3 Consequences of Termination
In all cases of termination herein set forth, the obligation of the parties shall be limited to the
period up to the date of effective termination. However, notwithstanding the termination of the
Agreement, the parties shall continue to be bound by the provisions of the Agreement that
reasonably require some action or for adherence after such termination.
9.4 Payments upon Termination
9.4.1 Termination Payment for Contractor Event of Default
Upon Termination of this Agreement on account of Contractor Event of Default, the Authority
shall be entitled to forfeit the Performance Security of the Contractor and pay Termination
Payment to the Contractor of an amount equal to outstanding Bills/invoices as per clause 7 hereto.
All the payments shall be made after offsetting any amount that may be due from the Bidder to the
Authority.
9.4.2 Termination Payment for Authority Event of Default
Upon Termination of this Agreement on account of Authority Event of Default, the Contractor
shall be entitled to receive back the Performance Security from the Authority and also receive from
the Authority, Termination Payment of an amount equal to the unpaid Bills/invoices as per clause 7
hereto. If either Party disputes, whether an event specified in Clauses 9.1 or 9.2 hereof has
occurred, such Party may, within sixty (60) days after receipt of notice of termination from the
other Party, refer the matter to arbitration, and this Contract shall not be terminated on account of
such event except in accordance with the terms of any resulting arbitral award.
9.5 Withdrawal of Termination
Notwithstanding anything inconsistent contained in this contract, if the Bidder served with th e
termination Notice cures the underlying event of default to the satisfaction of ULB at any time
before the termination occurs, the termination notice shall be withdrawn by the ULB which had

29
issued the same. Provided that the party in breach shall compensate the ULB for any direct costs/
consequences occasioned by the event of default which caused the issue of termination notice.

10 Dispute Resolution
Any dispute, difference or controversy of whatever nature, howsoever, arising under or out of or in
relation to this Agreement (including its interpretation) between the Parties, may be raised by either
Party by giving a written notice to the other Party (the "Dispute"), which shall contain:
i. a description of the Dispute;
ii. the grounds for such Dispute; and
iii. all documents in support of its claim.
The Dispute shall be attempted to be resolved amicably in accordance with the conciliation procedure,
set forth below:
a) The Parties agree to use their best efforts for resolving all Disputes arising under or in
respect of this Agreement promptly, equitably and in good faith, and further agree to provide
each other with reasonable access during normal business hours to all non-privileged
records, information and data pertaining to any Dispute.
b) In the event of any Dispute between the Parties, either Party may require such Dispute to be
referred to the Commissioner of the MCD and the Chairman of the Board of Directors of the
Concessionaire for amicable settlement, and upon such reference, the said persons shall
meet no later than 30 (thirty) business days from the date of reference to discuss and attempt
to amicably resolve the Dispute.
11 Time and Extension of delay
Time allowed for the execution of the work is eighteen months including mobilization
period or the extended time in accordance with these conditions shall be the essence of the
contract. The execution of work shall commence from the date of signing of the contract
agreement. If the contractor commits defaults in commencing the execution of the work as
aforesaid, the performance guarantee shall be forfeited by the Authority in charge and shall be
absolutely at the disposal of the MCD without prejudice to any other right or remedy available
in law.
11.1 In case work is hindered by the any reason, in the opinion of the bidder, by the MCD or for
someone for whose action the MCD is responsible, the contractor may immediately give
notice thereof in writing to the Authority seeking extension of time or rescheduling of
milestones/s. The Authority, if justified, give a fair and reasonable extension of time and
reschedule the mile stones for completion of work after due consideration of the same
within 30 days of receipt of such request. In event of non- application by the contractor for
extension of time Authority after affording opportunity to the contractor may give,
supported with a programme, a fair and reasonable extension within a reasonable period of
occurrence of the event.
11.2 Such extension of time or rescheduling or milestone/s shall be without prejudice to any
other right or remedy of the parties in contract or in law provided further that for
concurrent delays, the contractor shall be entitled to only extension of time and no
damages.
Request for rescheduling of Miles stones or extension of time, shall be made by the
contractor in writing within fourteen days of the happening of the event causing delay.
11.3 In case the work is delayed by any reasons, in the opinion of the Autority by the contractor

30
 for reasons beyond the justified extended date, the authority may grant extension of time
required for completion of work without rescheduling of mile stones. The contractor shall be
liable for levy of compensations as per the relevant clause of the agreement
12 Foreclosure of contract due to abandonment or
Reduction in Scope of Work
If at any time after acceptance of the tender, or during the progress of work, the purpose or
object for which the work is being done changes due to any supervening causes and as a result
of which, the work has to be abandoned or reduced in scope, the Authority give notice in writing
to that effect to the contractor stating the decision as well as the cause for such decision and the
contractor shall act accordingly in the matter. The contractor shall have no claim to any payment
of compensation or otherwise whatsoever, on account of any profit or advantage which he might
have derived from the execution of the works in full but which he did not derive in consequence
of the foreclosure of the whole or part of the works.
13 Recovery of Security Deposit
The bidder shall permit MCD at the time of making any payment to him for work done
under the contract to deduct a sum at the rate of 2.5% of the gross amount of each running and
final bill till the sum deducted will amount to security deposit of 2.5% of the contract value of
the work. Such deductions will be made and held by MCD by way of Security Deposit unless
he/they has/have deposited the amount of Security at the rate mentioned above in the form of
Government Securities or fixed deposit receipts. In case a fixed deposit receipt of any Bank is
furnished by the contractor to the MCD as part of the security deposit and the Bank is unable to
make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the
bidder and the bidder shall forthwith on demand furnish additional security to the MCD to make
good the deficit.

All compensations or the other sums of money payable by the bidder under the terms of this
contract may be deducted from, or paid by the sale of a sufficient part of his security deposit or
from the interest arising therefrom, or from any sums which may be due to or may become due
to the bidder by MCD on any account whatsoever and in the event of his Security Deposit being
reduced by reason of any such deductions or sale as aforesaid, the biddder shall within 10 days
make good in fixed deposit receipt tendered by the State Bank of India or by Scheduled Banks
or Government Securities (if deposited for more than 12 months) endorsed in favour of the
Authority , any sum or sums which may have been deducted from, or raised by sale of his
security deposit or any part thereof. The security deposit shall be collected from the running
bills and the final bill of the bidder at the rates mentioned above. The security deposit as
deducted above can be released against bank guarantee issued by a scheduled bank, on its
accumulations to a minimum of Rs. 50 lac subject to the condition that amount of such bank
guarantee, except last one, shall not be less than Rs. 50 lac. Provided further that the validity of
bank guarantee shall be extended from time to time depending upon extension of contract
granted under provisions of Clause 11.
14 Labour laws to be complied by the bidder
As per the clause 19 of the General condition of the Contract of MCD

15 Miscellaneous
The Authority, in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to:

i. Suspendand/orcanceltheBiddingProcessand/oramendand/orsupplementtheBidding Process or

31
 modify the dates or other terms and conditions relating thereto;

ii. Consult with any Bidder in order to receive clarification or further information including
justification of financial bid submitted;

iii. Retain any information and/ or evidence submitted to the Authority by, on behalf of, and/or
in relation to any Bidder; and/or

iv. 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.

v. It shall be deemed that by submitting the Bid, the Bidder agrees and releases the Authority, it
employees, agents and advisers, irrevocably, unconditionally, fully and finally for many 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 herewith and waives any and all rights and/ or claims it
may have in this respect, whether actual or contingent, whether present or future.

11 Forms for Bid Submission

(Please refer to the next page)

32
 Form 1: Letter Comprising the Bid cum undertaking
(On Non-Judicial Stamp of INR.100)

Date:

To,
Executive Engineer (SLF) Ghazipur
Adjacent to mc primary school lalita park
Near metro station laxmi nagar delhi-110092

Dear Sir,

Sub: RFP for Selection of Bidder for “Disposal of 30 Lakh MT of legacy waste by Bio-
remediation and Bio-mining at Ghazipur Dumpsite, Delhi”

With reference to your RFP document dated……………., I/we, have examined the Bidding
Documents and understood their contents, hereby submit my/our Bid for the aforesaid Project
Selection of Bidder for “Disposal of 30 Lakh MT of legacy waste by Bio-remediation and Bio-
mining at Ghazipur Dumpsite, Delhi” and state as under:
1. The Bid is unconditional and unqualified.

2. All information provided in the Bid and in the Appendices is true and correct.

3. This statement is made for the express purpose of qualifying as a Bidder for the Project as
explained in this RFP document.

4. I/We shall make available to the Authority for any additional information it may find necessary
or require supplementing or authenticate the Bid.

5. I/We acknowledge the right of the Authority to reject our Bid without assigning any reason or
Otherwise and hereby waive our right to challenge the same on any account whatsoever.

6. We certify that in the last three years, we/any of the Consortium/JV Members have neither
failed to perform on any contract, as evidenced by judicial pronouncement or arbitration
award, nor been expelled from any project or contract nor have had any contract terminated for
breach on our part.

7. I/We declare that:

a. I/We have examined and have no reservations to the Bidding Documents, including any
Addendum issued by the Authority.

b. I/We do not have any conflict of interest in accordance with Clauses 2.11 of the RFP
document.

c. I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice,
as defined in the RFP document, in respect of any tender or request for proposal issued by
or any agreement entered in to with the Authority or any other public sector enterprise or
anygovernment, Centre or State; and

33
 d. I/We hereby certify that we have taken steps to ensure that in conformity with the provisions
of Clause 6 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.

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 Bidders.

9. I/We believe that we/our proposed Consortium/JV satisfy(ies) the pre-qualifying criteria
and meet(s) the requirements as specified in the RFP document and am/are qualified to
submit this Bid.

10. I/We declare that we/any Member of the Consortium/JV am/are not a Member of any
other Consortium/JV submitting a Bid for the Project.

11. I/We certify that 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
Projector 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 Bidder of the Government or convicted
by a Court of Law for any offence committed buys or by any of our Associates.

13. 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.

14. We acknowledge that our proposed Consortium/JV shall bear the

followingcomposition:

A. Lead Member: M/s…………………………………………….

B. Technical Member(s): M/s……………………………….

And we further undertake that above Consortium/JV composition shall be maintained till the end
of this contract period or extension thereof. We further acknowledge that the lead member
takes the full responsibility towards execution of the project and the terms and condition laid
down in the contract agreement. (Individual Bidder to strike out this point).

15. I/We hereby irrevocably waive any right, which we may have at any stage at law or
howsoever otherwise arising to challenge, or question any decision taken by the
Authority in connection with the selection of the Bidder, or in connection with the
Bidding Process itself, in respect of the above-mentioned Project and the terms and
implementation thereof.

16. In the event of my/our being declared as the Selected Bidder, I/We agree to enter into a

34
 Contract 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.

17. I/We have studied all the Bidding Documents carefully and also surveyed the project area. We
understand that except to the extent as expressly set forth in the Contract 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 concerning or relating to the Bidding
Process including the award of Contract.

18. The Financial Bid has been quoted by me/us after taking into consideration all the terms and
conditions stated in the RFP and draft Contract Agreement, our own estimates of costs and
careful assessment of the site and all the prevailing and expected conditions that may affect the
Bid.

19. I/We offer to the Authority a Bid Document Fees of INR 5,000/- and EMD of Rs. 20 Lakhs
Online and Rs. 2.45 Crores through BG, submitted online as specified in this RFP document.

20. 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.

21. I/We hereby submit our Bid in the form as specified in the RFP document for undertaking
the aforesaid Project in accordance with the Bidding Documents and the Contract
Agreement.

22. I/We agree to keep this offer valid for 180 (One Hundred Eighty) days from the Due Date of
online Bid submission as specified in the RFP document or any other such duration as
directed bythe Authority.

23. I/We agree and undertake to abide by all the terms and conditions of the RFP document.
In witness thereof, I/we submit this Bid under and in accordance with the terms of the
RFP document.

24. I/we have received all the clarifications issued by the Authority.

25. I/we will abide by the terms and condition set forth in the RFP document, condition of
contract and draft Contract agreement and a copy of the same bearing initial of the
undersign on every page is attached herewith.

26. Not with standing any qualification or conditions, whether implied or otherwise, contained in
our Proposal we hereby represent and confirm that our Proposal is unqualified and
unconditional in all respects.

Yours faithfully,

35
Date:

(Signature of the Authorized Signatory)

Place:
(Name and designation of the
Authorized Signatory)

36
 Form 2: Format for Description of Bidder
Details
S.No. Particulars
Individual Lead Member Technical
Bidder of Member of
Company Consortium/JV Consortium/J
(1) (2) V(3)
1. Name of the Bidding company

2. Date of incorporation and /or

Commencement of Business

3. Brief description of the Bidder's

main line of business

4. Details of individual (s) who will

serve as the point of contact/
communication for Authority
with the Bidder:
a. Name
b. Designation
c. Company/Firm
d. Address:
e. Mobile Number
f. Email Address
g. Fax Number
5. Details of Authorized Signatory
of Bidder
a. Name
b. Designation
c. Company/Firm
d. Address:
e. Mobile Number
f. Email Address
g. Fax Number

Note:
Column ‘1’to be filled by the Individual Bidder and Column ‘2’&‘3’to be filled by the respective
members of the Consortium/JV. Column to be added after the last column in case of third member.

37
 Form 3: Power of Attorney for Signing of Bid

Know all men by these presents, We, (name of Firm and address of the
registered office) do hereby constitute, nominate, appoint and authorize Mr. /Ms.
________________Son / daughter / wife and presently residing at who is
presently employed with / retained by us and holding the position of as our true
and lawful attorney (hereinafter referred to as the “Authorized Representative”) 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 (Project), proposals and other documents and writings, participating in
pre-bid and other conference and providing information / responses to the Authority, representing us in
all matters before the Authority, signing and execution of all contracts and undertakings consequent to
acceptance of our proposal and generally dealing with the Authority in all matters in connection with or
relating to or arising out of us Proposal for the said consultancy job and/or upon award thereof to us till
the entering of the Agreement with the Authority.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be
done by our said Authorized Representative 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 Authorized Representative 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 , 20 .

For (Signature, Name, Designation and

Address)Witnesses:

1)

2)

Notarized

Accepted

(Signature, name designation and address of the Attorney)

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 executants (s) and when it is so
required the same should be under common seal affixed in accordance with the required procedure.
Wherever required, the Applicant should submit for verification the extract of the charter documents
and other documents suchas a resolution / power of attorney in favor of the person executing this Power
of Attorney for the delegation of power here under on behalf of the Applicant.

38
 Form 4: Sample Form of Joint Venture Agreement
(For Joint and Several Liability of Joint Venture Partner)

The members ……………………. (referred hereinafter as ………………………) and(referred

herein after as… ................... ) have agreed to the following:

1. So as to bid collectively and, if the Contract is to be awarded to us, to complete and fulfill the
work by concluding the Contract for the ……………. (Job), for which
tenders have been sought by………………………………………., the Members have
established a Joint Venture in the form of, the members of which will have joint and several
liability.

2. If the Contract is awarded to our Joint Venture, the Contract Agreement will be signed
by……………………….and …………………….

3. …………………………………… which is the Member in Charge of our Joint Venture is

fully authorized to act in the name and on behalf of our Joint Venture and we hereby attach the
resolution adopted by each of us authorizing to act on our behalf.

4. The ratio of participation in the joint venture by the Members is as follows:

…………………….. : % ……………………

…………………….. : %……………………

…………………….. : %……………………

5. Under the provision that all the Members will be jointly and severally responsible and
liable to.....................................the Specific involvements and work subdivisions (if any) of the
Members will be as follows:

6. The Agreement to form this Joint Venture is entered on …… / ……/ 20…….

7. This Agreement form for joint and several liability is an integral part of the Joint Venture
Declaration and will be finalized in case the Contract is awarded to our partnership/legal
entityprior to the signature thereof.

8. The composition of the constitution of the Joint Venture shall not be altered without the prior
consent of the Employer.

…………………………….. …………………………… ………….………………

(Signature) (Signature) (Signature)

39
 Form 5: Form for Financial Pre-Qualification

A. Turnover

Annual
Financial Year
Turnover
(in INR)
2018-19

2019-20

2020-21

Average Turnover

B. Net Worth as on Year1 (Financial Year preceding to Due date of Bidding): INR
Note:

1. The financial year shall mean the period commencing from April 1st of any given year to
March 31st of the succeeding year.

2. The Bidder shall provide the Audited Annual Financial Statements of the corresponding years.
Failure to do so would result in the Proposal being considered as non-responsive. In case the
annual accounts for the latest financial year are not audited and therefore cannot make it
available, the applicant shall give an undertaking, to this effect and the statutory auditor shall
certify the same. In such case, the applicant shall provide the audited annual reports for five
years preceding the year for which audited annual report is not being provided.

3. A certificate from Statutory Auditor should be provided as supporting document certifying the
Financial Pre-Qualification

(Signature of the Authorized signatory)

40
 Form 6: Format for summary of Technical Pre-Qualification

(List only those works, which are similar to the proposed works for which the Qualification Information
is submitted)

A. Summary Table:

Name of Applicant/ Member of Consortium/ JV (in case of Consortium/JV) Claiming the Project
Experience: ................................
S. No. Brief Project Project Award Project Project Cost Project Claiming Effective
Description Date (Only those Completion in INR (Cr) Capacity (in Entity’s Share Handled
Project(s) Date/ expected MT per day) in the Project Capacity Ax B
awarded in completion date (A) (%) (C) (in MT per
preceding 7 FY (B) day)
from due date of
bidding shall be
considered)

B. Average Project Capacity (As per column ‘C’) of eligible projects handled (as mentioned in
summary table above is (in MT per day)

1. The details of each of the works mentioned in the above table must be provided separately in
Form 6.
2. Use a separate sheet for each member in case of a Consortium/JV.
3. Provide attested copies of Work Orders and /or Completion Certificates for each project.
Work orders/ testimonials will be verified if required.

4. Each certificate of experience will be duly signed/confirmed by a representative of the

client (to be of at least Executive Engineer Rank)

41
 Form 7: Details of Projects eligible for Technical Pre-Qualification

(Provide Details for Only those Projects listed in Form7, use separate sheet for each project)

Name of Applicant/ Member of Consortium/ JV (In case of Consortium/JV) Claiming the Project
Experience:

1. Name of Project
2. Location of Project
3. Name of the Client
4. Client’s Address & Telephone Number, Fax Number and email ID of contact person
5. Project Cost (in INR Cr)
6. Nature of works and special features relevant to this project.
(Details pertinent to the Technical Criteria of this RFP shall be submitted)
7. Contract role (check one)

● Sole Bidder ● Consortium/JV ● Sub-Bidder

8. Project Capacity:
Your Company’s share in the Project (%):
9. Date of Award
10. Contract duration years Months
11. Date of Completion Or
For Ongoing Project % of completion
12. Whether completed in specified duration, If no, reason for delay
13. Specified requirements
14. Name and professional qualifications of applicant’s Engineer-in-Charge of the work:
15. Were there any penalties/fines/stop-notice/compensation/liquidated damages imposed? (Yes or No).

If yes, give amount and explanation.

42
 Form 8: Format for Providing Details of Machinery to be Deployed for the Project

Name of the bidding company/ Consortium/ JV members Machinery/ Equipment owning the

Item of Number and Ownership Status Age and Remarks

Equipment Capacity Condition Regarding
Including Make
Owned Leased Number & Condition/ Source/
Capacity
/to be Procured Availability

Note:

1. List only the key equipment for construction, standby power, material handling and
vehicles for site, etc., which the Company proposes to use for the proposed works at the
site.
2. The applicant should clearly demonstrate that he has access to all key equipment which
will be required for the successful completion of the works.

43
 Form 9: Details of Key Personnel to be deployed for the Project
(Use separate Sheet for each key personnel)

Name of Bidder
Company/Consortium/JV
members’ company (in case of
Consortium/JV):

Proposed Position

Key Personnel Information 1. Name

2. Date of Birth
3. Contact Number
4. Professional Qualification
5. Current Designation

6. Years with Present Employer

Experience Summary Relevant

to this Project

Professional Experience over the From To Company/Project/Position/Relevant

last 10 Years (in chronological Technical and Management
order) experience

44
Form 10: Format for Providing Environment, Health and Safety Management Plan

The Bidder shall furnish a brief write-up of the following points:

1. Plan for Mitigation of Pollution during Project Execution work

2. Measures to manage hazardous waste if any during the project execution

3. Plan for Health and safety in and around the work place to be followed
during project execution
4. Emergency preparedness plan

5. Measures for Fire safety.

6. Measures for Health and safety of workers.

45
 Form 11: Format for Letter of Acceptance (LoA)

LETTER OF ACCEPTANCE (LOA)

(On the Letter Head of the Authority)

Date:

M/s. (Name and address of the Bidder)

Subject:
(Name of the work as appearing in the bid for the work)

Dear Sir (s)/ Madam(s),

Your bid for the work mentioned above has been accepted on behalf of the (Name of Authority), at
your bided offer as per scope of work given therein. You are requested to submit within 21
(Twenty- One) days from the date of issue of this letter:

(i) The performance security/performance guarantee of INR. (in figures)

Rupees (in words only).

The performance security shall be in the form of bank guarantee of any nationalized /
schedule commercial bank.

(ii) Copy of Work plan, covering entire period of Contract, for completion of Work. This Work plan
will form basis for checking fulfillment of performance obligations.

(iii) Sign the Contract Agreement.

Please note that the time allowed for carrying out the work as entered in the bid is 30 months
including rainy season, shall be reckoned from the date of signing the contract agreement or
issuance of Consent to Establish to the project whichever is later.

Signing the contract agreement shall be reckoned as intimation to commencement of work and no
separate letter for commencement of work is required. Therefore, after signing of the agreement,
you are directed to contact Authority/Engineer-in-charge for taking the possession of site and necessary
instructions to start the work.

Yours faithfully,

46
 Form 12: Format for Performance Bank Guarantee

To:

The Commissioner, Municipal Corporation of Delhi, 10th Floor, E-1 Block, Dr. S.P.M. Civic
Centre, JLN Marg, New Delhi – 110002, WHEREAS_____________________________________
[name and address of Bidder] (hereinafter called "the Bidder") has undertaken, in pursuance
of Contract No. Dated:________ to execute__________________________ [name
of Contract and brief description of Works] (hereinafter called" the Contract");

AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract; AND WHEREAS we have
agreed to give the Bidder such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf
Of the Bidder, up to a total of [amount of guarantee] [In
words], such sum being payable in the types and proportions of currencies in which the Contract
Price is payable, and we undertake to pay you, upon your first written demand and without cavil or
argument, any sum or sums within the limits of[Amount of guarantee] as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified therein. We
hereby waive the necessity of your demanding the said debt from the Bidder before presenting us
with the demand. We further agree that no change or addition to or other modification of the terms
of the Contract or of the Works to be performed there under or of any of the Contract documents
which may be made between you and the Bidder shall in any way release us from any liability
under this guarantee, and we hereby waive notice of any such change, addition or
modification. This guarantee shall be valid until ( date of Validity as per the Bid Document)

Signature and seal of the guarantor

Name of Bank
Address
Date

47
 Form 12-A: Format for Bank Guarantee for Bid Security (EMD)

B.G No.
Dated:

In consideration of you, the Corporation, having its office at ……………., …………, Name of State
having agreed to receive the Proposal of _____________ [a company registered under provision of
the Companies Act, 2013] and having its registered office at _______[and acting on behalf of its
consortium] (herein after 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 “Disposal of 30 Lakh MT of legacy waste by Bio-remediation and Bio-mining at Ghazipur
Dumpsite, Delhi” of the Authority (here in after referred to as “the Project”). Pursuant to the RFP
document dated ***** issued in respect of the Project and other related documents (hereinafter
collectively referred to as “Bidding Documents”), we [Name of the Bank] having our registered office
at _______________ and one of its branches at ____________________ (herein after referred to as
the “Bank”), at the request of the Bidder, do hereby in terms of the RFP Document, irrevocably,
unconditionally and without reservation guarantee the due and faithful fulfillment 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 Corporation an amount of Rs.
**********/- (In words) as bid security (herein referred to as the “Bid Security”) as our primary
obligation without any demur, reservation, recourse, contest or protest and without reference to the
Bidder if the Bidder shall fail to fulfill or comply with all or any of the terms and conditions
contained in the said Bidding Documents.
1. Any such written demand made by the Corporation stating that the Bidder is in default of the due and
faithful fulfillment and compliance with the terms and conditions contained in the Bidding
Documents shall be final, conclusive and binding on the Bank.

2. 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 Corporation is disputed
by the Bidder or not merely on the first demand from the Corporation stating that the amount
claimed is due to the Corporation by reason of failure of the Bidder to fulfill and comply with the
terms and conditions contained in the Bidding Documents including failure of the said Bidder to
keep its Bid open during the Bid validity period as set forth in the said Bidding Documents for any
reason whatsoever. Any such demand made on the Bank shall be conclusive as regards amount due
and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be
restricted to an amount not exceeding Rs. **********/- (Rupees **********only).

3. This Guarantee shall be irrevocable and remain in full force for a period of 180 (One Hundred &
Eighty days) from the Proposal Submission Date inclusive of a claim period of 30 (Thirty) days or
for such extended period as may be mutually agreed between the Corporation and the Bidder, and
agreed to by the Bank, and shall continue to be enforceable till all amounts under this Guarantee
have been paid.

4. We, the Bank, further agree that the Corporation shall be the sole judge to decide as to whether the
Bidder is in default of due and faithful fulfillment and compliance with the terms and conditions
contained in the Bidding Documents including, inter alia, the failure of the Bidder to keep its
Proposal open during the Proposal validity period set forth in the said Bidding Documents, and the
decision of the Corporation that the Bidder is in default as aforesaid shall be final and binding on us,

48
 notwithstanding any differences between the Corporation and the Bidder or any dispute pending
before any Court, Tribunal, Arbitrator or any other Authority.

5. 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.

6. In order to give full effect to this Guarantee, the Corporation shall be entitled to treat the Bank as the
principal debtor. The Corporation shall have the fullest liberty without affecting in any way the
liability of the Bank under this Guarantee from time to time to vary any of the terms and conditions
contained in the said Bidding Documents or to extend time for submission of the Bids or the Bid
validity period or the period for conveying acceptance of Letter of Award by the Bidder or the period
for fulfillment 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 Corporation, and the Bank shall not be released from its liability under these presents by any
exercise by the Corporation 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
Corporation or any indulgence by the Corporation to the said Bidder or by any change in the
constitution of the Corporation 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.

7. 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.

8. 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 who shall be deemed to have
been duly authorized to receive the said notice of claim.

9. It shall not be necessary for the Corporation 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 Corporation 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.

10. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the
previous express consent of the Corporation in writing.

11. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorized and has full power to execute this Guarantee
for and on behalf of the Bank.

Signed and Delivered by ____________ Bank

49
By the hand of Mr./Ms ____________, its ____________ and authorized official.

(Signature of the Authorized Signatory)

(Official Seal)

50
 Form 13: Format of Financial Bid

Name of Work:

I/We do hereby BID to execution of the above work within the time specified at the rate Mentioned below in
all respects and in accordance with the specifications, designs, drawings and instructions in writing in all
respects in accordance with such conditions so far as applicable. I/We have visited the site of work and
am/are fully aware of all the difficulties and conditions likely to affect carrying out the work. I/We have
fully acquainted myself/ourselves about the conditions regarding accessibility of site and quarries/kilns,
nature and the extent of ground, working conditions including stacking of materials, installation of tools and
plant conditions effecting accommodation and movement of labor etc. required for the satisfactory execution
of contract.

Amount
S.No Head Rate Unit Qty
(INR)
1. Bio-remediation and landfill mining and - Per Ton 30,00,000
disposal of legacy waste at Ghazipur
dumpsite - arithmetic sum of weight of all
material in tons, moving out from the
dumpsite (i.e. RDF, Soil enricher,
Recyclables, C&D waste, Inert material,
etc.)
TOTAL
(Amount in words)

* Above rates are exclusive of GST.

Should this bid be accepted, I/We hereby agree to abide by and fulfill all the terms and provisions of the said
conditions of contract so far as applicable, or in default thereof to forfeit and pay to the Commissioner, or his
successors in office the sums of money mentioned in the said conditions.

Signature of Bidder
Name of Bidder

51
 Form 14: Draft Form for Undertaking on Parent Company Guarantee

(To be furnished in Company’s letterhead)

Name of Contract / Contract No.;

Name and address of Employer:

(together with successors and assigns)

We have been informed that (Name of Bidder) (hereinafter

called the "Bidder") is submitting an offer for such Contract in response to your invitation, and that the
conditions of your invitation require his offer to be supported by a parent company guarantee. In
consideration of you, the Employer, awarding the Contract to the Bidder, we (name of parent company)
irrevocably and unconditionally guarantee to you, as a primary obligation, (i) the due performance of all
the Bidder's obligations and liabilities under the Contract, including the Bidders compliance with all its
terms and conditions according to their true intent and meaning; (ii) for the entire duration of the
Contract, we will make available to the Bidder our technical capacity, expertise and resources required for
the Bidder’s satisfactory performance of the Contract ;and (iii) that we are fully committed, along with the
Bidder, to ensuring a satisfactory performance of the Contract.

If the Bidder fails to so perform his obligations and liabilities and comply with the Contract, we will
indemnify the Employer against and from all damages, losses and expenses (including legal fees and
expenses) which arise from any such failure for which the Bidder is liable to the Employer under the
Contract, This guarantee shall come into full force and effect when the Contract comes into full force and
effect.

If the Contract does not come into full force and effect within a year of the date of this guarantee, or if
you demonstrate that you do not intend to enter into the Contract with the Bidder, this guarantee shall be
void and ineffective. This guarantee shall continue in full force and effect until all the Bidder's obligations
and liabilities under the Contract have been discharged, when this guarantee shall expire and shall be
returned to us, and our liability hereunder shall be discharged absolutely.

This guarantee shall apply and be supplemental to the Contract as amended or varied by the Employer
and the Bidder from time to time. We hereby authorize them to agree any such amendment or variation,
the due performance of which and compliance with which by the Bidder are likewise guaranteed
hereunder.

Our obligations and liabilities under this guarantee shall not be discharged by any allowance of time or
other indulgence whatsoever by the Employer to the Bidder, or by any variation or suspension of the
works to be executed under the Contract, or by any amendments to the Contract or to the constitution of
52
the Bidder or the Employer, or by any other matters, whether with or without our knowledge or consent.

This guarantee shall be governed by the law of the same country (or other jurisdiction) as that which
governs the Contract and any dispute under this guarantee shall be finally settled under the Rules of
Arbitration provided in the Contract. We confirm that the benefit of this guarantee may be assigned
subject only to the provisions for assignment of the Contract.

Signed by: Signed by:

(signature) (signature)

(name) (name)

(Position in parent company) (Position in parent company)

Date:

Note: A failure to furnish the Parent Company Guarantee as appropriate, shall result in the rejection of the tender.

53
 Form 15: Draft Form for Undertaking on Subsidiary Guarantee

(To be furnished in Company’s letterhead)

Name of Contract/Contract No.;

Name and address of Employer:

(together with successors and assigns)

We have been informed that (Name of Bidder)(hereinafter called the "Bidder") is submitting an offer
for such Contract in response to your invitation, and that the conditions of your invitation require his offer
to be supported by a Subsidiary company guarantee.

In consideration of you, the Employer, awarding the Contract to the Bidder, we (name of
Subsidiary company) irrevocably and unconditionally guarantee to you, as a primary obligation, (i) the
due performance of all the Bidder's obligations and liabilities under the Contract, including the Bidders
compliance with all its terms and conditions according to their true intent and meaning; (ii) for the entire
duration of the Contract, we will make available to the Bidder our technical
capacity,expertiseandresourcesrequiredfortheBidder’ssatisfactoryperformanceoftheContract;and (iv) that
we are fully committed, along with the Bidder, to ensuring a satisfactory performance of the Contract.

If the Bidder fails to so perform his obligations and liabilities and comply with the Contract, we will
indemnify the Employer against and from all damages, losses and expenses (including legal fees and
expenses) which arise from any such failure for which the Bidder is liable to the Employer under the
Contract.

This guarantee shall come into full force and effect when the Contract comes into full force and effect. If
the Contract does not come into full force and effect within a year of the date of this guarantee, or if you
demonstrate that you do not intend to enter into the Contract with the Bidder, this guarantee shall be void
and ineffective. This guarantee shall continue in full force and effect until all the Bidder's obligations and
liabilities under the Contract have been discharged, when this guarantee shall expire and shall be returned
to us, and our liability hereunder shall be discharged absolutely.

This guarantee shall apply and be supplemental to the Contract as amended or varied by the Employer
and the Bidder from time to time. We hereby authorize them to agree any such amendment or variation,
the due performance of which and compliance with which by the Bidder are likewise guaranteed
hereunder.

Our obligations and liabilities under this guarantee shall not be discharged by any allowance of time or
other indulgence whatsoever by the Employer to the Bidder, or by any variation or suspension of the
54
 works to be executed under the Contract, or by any amendments to the Contract or to the constitution of
the Bidder or the Employer, or by any other matters, whether with or without our knowledge or consent.

This guarantee shall be governed by the law of the same country (or other jurisdiction) as that which
governs the Contract and any dispute under this guarantee shall be finally settled under the Rules of
Arbitration provided in the Contract. We confirm that the benefit of this guarantee may be assigned
subject only to the provisions for assignment of the Contract,

Signed by: Signed by:

(signature) (signature)

(name) (name)

(Position in subsidiary company) (Position in subsidiary company)

Date:

Note: A failure to furnish the Subsidiary Company Guarantee(s) as appropriate, shall result in the
rejection of the tender.

55
 17 SCOPE OF WORK (TORs)
The current project primarily intends to undertake the works required for disposal of Legacy Waste
through Bio-mining process for land reclamation, resource recovery and suitable disposal of residual
solid waste from the Ghazipur dumpsite. The contract shall be awarded to the successful bidder (“the
Bidder”) for a period of 18 months reckoned from the date of signing of contract agreement.
The scope of work includes, but not limited to, the following:
Part A - Key Roles &Responsibilities of the Bidder:
The key roles and responsibilities of the Successful Bidder for execution of above- ment ion ed scope of
work shall be, but not limited to, undertake following activities:
1. Bio-mining of Legacy Waste and disposal of processed material:
i. The Bidder needs to remove at least 30 Lakhs Tons of legacy waste from the total waste
dumped at the dumpsite of Ghazipur and dispose the processed material, without stacking them
at site for not more than 15 days.
ii. Ghazipur dumpsite is in operation since 1984 and spread in an area of approximately 75 acres of
land area.The area for the excavation of 30 Lakhs Tons quantity, shall be earmarked by
Authority in consultation with the successful Bidder, which shall be considered as area for the
scope of work.
iii. The quantity of biomining of legacy waste can be further increased up to 50% i.e., 15 lakh MT
depending upon the performance of contractor and availability of funds, totally at the discretion
of MCD
iv. The Bidder should use suitable methods and processes to excavate the legacy waste and
segregate the waste into as many kinds and categories as possible, like RDF, soil enricher, C&D
fraction, recyclables, inert material, etc.
v. The Bidder needs to deploy necessary manpower, materials, equipment, tools and construction
of plants and monsoon sheds and creation of facilities for handling, separating, segregating,
storing and weighing facilities for the operation of the plant and using only covered body
vehicles for the transportation of materials taken out, not limited to:
a. Installation of trommel or automated segregation machines of required sieve sizes with
necessary shredder, density separator, screener, hopper, conveyors or any other required
machinery with adequate capacity of motors and pulleys.
b. Spraying the bio-culture over the loosened partially degraded legacy waste and windrow
making of partially degraded wastes for stabilization.
c. Spraying deodorizer over the waste as required to control odour.
d. Shifting and loading of the legacy waste into the hopper and segregating the materials
size wise and type wise by engaging the manpower on both sides of conveyors with
proper safety precautions.
e. Processing the legacy waste on everyday basis and segregate it in various fractions, like
recyclables, RDF material, Plastics, C&D fraction and inert/enriched soil, etc. as per
CPCB guidelines 2019.
f. The material collected shall be disposed of by engaging suitable vehicles as per
guidelines on the subject.
g. Other wastes like Hazardous Waste, E-Waste; Bio-medical Waste (if any these is
present in the MSW) and Construction & Demolition Waste shall be managed by the
Bidder as per the guidelines in close coordination with Independent Engineer /
Authority, under the relevant rules & regulations as amended from time to time.
h. Monitoring and recording all the activities to account for the quantity and quality of
56
 recovered materials.
i. Ensure proper safety measures for the workers involved in the day to day operations for
the execution of legacy waste project.
j. All the workers involved should be cover under ESIC, Health check-ups and other
beneficiary schemes as applicable from time to time and the bidder shall comply clause
19 of GCC of MCD.
k. Adequate illumination at site.
vi. Bidder should provide sufficient machineries / equipment to clear the dumpsite as per the
timelines mentioned in this tender document and proposed by the Bidder in its Work Plan.
vii. It is pertinent to mention here that the proposed sites were low lying areas and the Bidder may
be directed by the authority to excavate the waste below GL (Ground Level), wherever
encountered, and processes the same as per Rules.
viii. All the activities for dumpsite-mining shall be in complete adherence to the rules and regulation
mentioned in SWM Rules 2016, CPCB Guidelines on Legacy Waste - 2019, directions from
Hon’ble NGT and Delhi Pollution Control Committee and all other applicable rules and
regulations.
ix. The Bidder shall carryout Total Station Survey (TSS)/GPS based Survey/Drone Based Survey
of complete project site, including area earmarked in which dumpsite mining is to be done. The
survey shall be done at the time of possession of the site as well as at every three months of
interval, till the end of the bio-mining works. The output of the survey shall be shared with the
Authority and volume of reclaimed portion or waste reduction shall be clearly presented in the
drawing.
x. Anything of historical, anthropological, geological or other interest or of significant value
unexpectedly discovered on the Site is the property of Authority. The Bidder is to notify the
Authority of such discoveries and carry out the Authority's instructions for dealing with them.
xi. The Bidder shall allow any person authorized by the Authority to access the Site, to any place
where work in connection with the Contract is being carried out or is intended to be
carried out and to any place where materials or plant are being manufactured / fabricated /
assembled for the works.
xii. In case the Bidder is required to set up ancillary facilities at site like Fuel storage, DG set etc.,
the necessary permissions required are to be obtained by the Bidder at his cost. All handling of
explosives, including storage, transport shall be carried out under the rules approved by the
“Explosives Department of the Government”.
xiii. The Bidder shall ensure that material which is to be transported for sale or disposal after
scientific processing is not dumped at Authority Dumping Ground. The Bidder shall have to
make necessary arrangement like fencing or any other suitable arrangement as directed by
Authority authorities to prevent such events.
xiv. The Bidder shall channelize the recovered/ segregated material from the legacy waste to the
identified vendors/parties and disposal of inert/rejects as per CPCB Guidelines, without stacking
them at site for more than 15 days.
xv. Responsibly of Packing, storing, stacking, selling, diverting for recycling, marketing and
recycling of all useful material within 15 days of segregation, at own cost, shall be the
responsibility if the Bidder..
xvi. The revenue or the income from the sale of the segregated useful material such as reusable and
recyclable, Compost, Soil conditioner, raw RDF, C&D, Soil or any other by- product materials
shall go to the Bidders account.
xvii. The Bidder shall be responsible for the payment towards fleet management in order to dispose
the material recovered from the legacy waste.
57
 xviii. The Bidder to deploy such process or technology during biomining, so that the quality of RDF
produced meets the standards acceptable to the industry / organization.
xix. The contract shall not be assigned or sublet without the written approval of the Authority.
xx. The Bidder shall submit necessary supporting documents, in order to ensure the safe disposal of
the processed material, to the Corporation on monthly basis. This may include, but not limited
to the following:
a. Undertaking that the processed material has been disposed off in accordance with all
applicable guidelines and NIT conditions, mentioning the quantity alongwith place / site of
disposal.
b. An acknowledgment from the individual / industry / government organization regarding the
receipt of the same quantity of processed material as mention at ‘a’ above.
xxi. The bidder shall be solely responsible for genuineness/ authenticity of documents submitted.
Anything found contrary latter on will invite strict action as per agreement / law.

Part B - General Roles & Responsibilities of the Bidder:

Other roles and responsibilities of the Bidder for execution of above-mentioned scope of work shall be:
1. Record keeping and Reporting:
i. The Bidder shall maintain a record of the daily processed legacy waste measured in the Weigh
Bridge. The Bidder shall also keep proper record of the all recovered and disposed of material.
The Bidder shall prepare all periodical reports, applicable to the Projects, as may be required by
Authority, other stakeholders or the State Government etc.
ii. The Bidders should set up weighbridge (s) of adequate load bearing capacity at the landfill for
weighing as approved by Municipal Corporation of Delhi for measurement of legacy waste
during processing. This weighing system shall be fully online electronic, automatic system
equipped with the latest technology along with backup server facility. This system should be
compatible and integrated with the IT system of MCD on real time basis.
iii. Data of weighing system shall be maintained properly for the entire contract period with backup
server facility and shall be provided as & when required by the Aauthorities. The weighbridge
(s) should have 24X7 online monitoring system accessible to the authorities

iv. The weighbridge (s) shall be operated in CCTV surveillance with data storage of entire contract
period. For CCTV surveillance High Definition IP based cameras in adequate numbers (as
directed by Authority) shall be provided by the Bidder.
v. CCTV Recordings of operation of weighing system shall be provided as and when required by
the Authorities.
vi. Any malfunctioning in operation of weighing system shall be the responsibility of the Bidder.
vii. In case any malfunction/technical problem in the functioning of weighing system, the same
shall be rectified by the Bidder within period of 24 hrs.
2. Routine Maintenance Standards:
In order to ensure smooth and uninterrupted operations, routine maintenance of the facilities shall
include, but not be limited to:

58
 i. Quarterly calibration of the weighbridge (s) facility needs to be got done from the Weights &
Measures department, GNCTD.
ii. Prompt repairs of the storage and waste drying places, electrical items, drains, vehicular
passages, sieving machineries, lighting and fencing.
iii. Replacement of equipment/consumables, horticultural maintenance and repairs to equipment,
structures and other civil works which are part of the waste processing facility.
iv. Maintaining the shape, scope, full cross-section of the storm water drainage system and
Leachate collection and drainage system; maintain stock spare parts for the machinery.
v. Keeping the waste processing facility in a clean, tidy and orderly condition and taking all
practical measures to prevent damage to the facility or any other property on or near the site.
vi. Preventing, any unauthorized entry to and exit from and any encroachments including any
encroachments on the site.
vii. Monitoring system for air quality standard at the site should be maintained and the report
should be made available as and when required by Authority or any other regulatory authority.
viii. All the vehicles to be used by the Bidder in and outside the plant shall strictly follow latest
emission standard.
ix. The site shall be made available for inspection at any time as and when felt necessary by the
Authorities.
x. Suitable firefighting arrangement shall be made as per prevailing norms and standards laid
down by the Govt.

3. Quality Control:
i. Authority/ independent engineer may inspect the bidder’s work as and when required and issue
directions for improvement / compliance of NIT conditions.
ii. If the authority / independent engineer instructs the Bidder to carry out any test (s), the
charges shall be borne by the Bidder.

4. Emergency Response Plan:

i. The Emergency Response Plan (“ERP”) shall be developed by the Bidder. This shall be a part
of the Operations Protocol developed by the Bidder. The ERP shall set out steps to be taken and
measures to be adopted by the Bidder in responding to dealing with Emergency including those
situations related to personal injuries or fatalities, property damage and force majeure as follows:
ii. In the event of an Emergency, the Bidder shall immediately carry out an inspection of the area
affected by the Emergency. Where Emergency has necessitated closure of the Waste processing
facility or part thereof, the Bidder shall promptly carry out any repair works necessary to restore
the waste processing facilities to safe condition and in any event shall carry out such works before
the affected area of the project facilities is re-opened to for normal operations.
iii. The Bidder shall ensure that sufficient staff, plant, equipment and materials, including without
limitation medical assistance are available to respond to Emergency within reasonable period at
all times during the Operations Period

5. Environmental, Health & Safety measures:

i. The bidder should use methods and processes to control foul odor and other such eco-friendly and
non-polluting processes for minimizing the impact of the bio-mining activity in the adjacent areas
of the dumpsite.
59
ii. While carrying out the waste excavation, the Bidder shall ensure the safety in terms of required
slope during the waste cutting operations through Loader , Excavator etc.
iii. Create all facilities for controlling the emission, pollution and contamination of the environment
including but not limited to control of dust, particulate matter, odour, air quality, water quality
and noise pollution.
iv. The Bidder shall adhere to Health and Safety norms as per the industrial standards in the work
area and the site premises.
v. Installation of appropriate odour control system at the site to minimize odor nuisance as per
Central Pollution Control Board guidelines.
vi. The Bidder has to follow the Environmental Standards and Guidelines as mentioned below:
a. Air Quality Monitoring - As per Solid Waste Management Rules 2016 (SWM Rules
2016) or amendments thereafter with respect to baseline site parameters.
b. Noise Monitoring – As per Noise Pollution Rules 2000 or amendments thereafter with
respect to baseline site parameters.
c. Odour Monitoring – As per CPCB guidelines ‘Odour Pollution & Its Control or
amendments thereafter with respect to baseline site parameters.
d. Water Quality Monitoring - As per Solid Waste Management Rules 2016 (SWM Rules
2016) or amendments thereafter with respect to baseline site parameters.
e. Aggregate Disposal- As per Solid Waste Management Rules 2016 (SWM Rules 2016)
or amendments thereafter with respect to baseline site parameters.
f. Guidelines for disposal of legacy waste (old municipal solid waste) by the CPCB,
February 2019.
vii. The Bidder has to make all the necessary arrangement to monitor and comply all environmental
standards.
viii. The Bidder shall segregate any Hazardous waste [as defined in Hazardous and other waste
(Management and Trans- Boundary movement) Rules 2016 existing inside the site and
separately earmarked. Authority shall dispose of the same at DPCC’s approved sites in
accordance with Hazardous and other waste (Management and Trans- Boundary movement)
Rules 2016 or amendments thereafter.
ix. It is the sole responsibility of the Bidder to abate the odor and fire nuisance on site. The Bidder
has to use enzyme/herbal based products which shall help to abate the odor and fly’s nuisance.
Necessary fire fighting vehicles shall be arranged to abate the fire nuisance.
x. Necessary safety gears shall be provided by the Bidder to all staff working as per the good
industry practice.
xi. The aspects relating to employee and worker safety, control mechanisms of litter, pest, fire,
surface runoffs etc, needs to be followed.
xii. It is expected that e-waste, hazardous waste and recyclables such as the plastic, glass, metal, etc.
does not any way form the part of inert waste, and shall be addressed as per the prevailing rules
(MSW Rules 2016, CPCB guideline and relevant other statutory norm).
xiii. Plantation of adequate numbers should be done and maintain to reduce the noise and air
pollution from the plant.
xiv. Taking all reasonable measures for the safety of all the workmen, material, supplies and
equipment brought to the site. Explosives, if any, shall be stored, transported and disposed of by
the Concessionaire in accordance with Applicable Laws/ Permits.
xv. For discharge of waste water and foul gasses, emission standards to be followed strictly as per
prevailing DPCC, CPCB, CPHEEO or any Govt. norms.
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 xvi. Ensure daily washing of the vehicles used for the transportation/disposal of processed and
segregated material.
xvii. Adequate illumination at site by setting up lighting system to facilitate working at night hours.
xviii.Adequate number of smog machines to ensure dust suppression in compliance with the
regulatory bodies.

Part C- Obligation of Parties:

1. Obligations of Bidder
i. The Bidder shall ensure that all the aspects of project and process employed, for executing the
scope of work thereof, shall confirm with the specification and directions given in existing laws
pertaining to dumpsite management, such as SWM rules 2016 as amended , guidelines from
regulatory agencies like CPCB, DPCC, etc. and suggestions from NGT.
ii. The Bidder shall provide a detailed plan of action for carrying out the entire project work,
considering the scope and timelines, mentioned in the RFP. The Bidder shall also make
necessary modifications/changes in the work plan, based on the site conditions or as
recommended by Authority and finalize it as per the approval by the Authority,
iii. Prior to the start of project operations, the Bidder shall be responsible for obtaining all the
applicable statutory clearances, permission, licenses, consents and authorizations necessary for
the Project at their own cost. The Authority shall provide the assistance, wherever required.
iv. The Bidder shall conduct its own due diligence for site investigation, analyzing the
characteristics, composition and quantum of the waste at the Project site or any other study
required for the execution of the work.
v. All the cost related to these operations, including electrical consumption and other utility
charges, and required field arrangements, manpower deployment shall have to bear by the
Bidder only.
vi. Providing security arrangement for the plan project site, machineries, equipment etc.
vii. Construction of office room facilities for the Project, arrangement for water supply and power
supply at the site. Authority may assist in providing single point connection for electricity
requirements at the landfill site. However, the cost of usage shall be paid by the Bidder as per
actuals based on appropriate meter readings from the meters installed.
xx. It is the sole responsibility of the Bidder to dispose of the rejects/inert, C&D material, etc.
generated during the process. By products from such processing viz. recyclables, compost/soil-
enricher, RDF, etc. and related revenues (if any) shall be the property of the Bidder.
ix. The Authority may also provide some assistance in channelization of the processed material to
the external agencies, in line with the clause no. 3 of Part-C of Scope of Work.
x. The Bidder shall not be permitted to use the municipal land at any point of time of contract to
mortgage (or) to be used as a security for mobilizing finance for this purpose (or) any other
purpose. Bidder can use the land for the purpose of this project only till contract period or
termination of contract
xi. The Bidder shall abide with the provision of Minimum Wages Act/Workman Compensation Act
and such other statutory obligations notified by the concerned Govt. departments, from time to
time. It should be specifically noted that the Bidder shall have to get them registered with the
relevant authorities as required under various labor laws and submit undertaking of compliance
along with the first payment bill failing which the payment bill shall not be processed. In this
regard clause 19 of GCC shall be applicable.
xii. The Bidder shall strictly comply with all the statutory requirements notified by the concerned
Govt. departments from time to time and indemnify the Corporation against any claim(s),
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 whatsoever arising there from and the tenderer shall be solely responsible for consequences
thereof. The Bidder are requested to take cognizance of Child Labor Act and take precaution not
to deploy child Labor. If Child Labor is found to be deployed on the work, necessary action as
deemed fit will be taken.
xiii. Submission of progress report to Authority on fortnightly, monthly and quarterly basis. The
monthly and quarterly reports shall be submitted within 7 (seven) days of the subsequent month
and quarter respectively.

2. Obligations of Authority
i. Authority shall handover the dumpsite area to the Bidder, as per the earmarked land parcel
jointly approved by the Authority and the Bidder, to set up machinery and take activities for
processing and segregation of excavated material.
ii. Authority would hand over possession of the site/s to the Bidder, irrespective of the title of the
land to enable him to carry out activities required for executing the scope of work.
iii. Authority may facilitate all forms of support to the Successful bidder for obtaining certification/
statutory clearances and provide single point connection for water, electricity and other utility
services (if required).
iv. Authority shall facilitate the bidder to obtain electricity connection (Single Point), and other
utility connection at the landfill site. All the utilization charges/bills shall be paid by Bidder.
3. Miscellaneous - Other Assistance by the Authority:
i. Disposal of RDF: The RDF material can be sent to the WtE facility of Authority, located at
Ghazipur.
ii. Disposal of C&D Waste: The C&D fraction obtained from the legacy waste processing can be
channelized to the C&D waste recycling facilities in Delhi.
iii. Disposal of Inert material: The inert material can be channelized to any ongoing NHAI /
Government Projects.

Note:
a. Assistance, as per S. No. 3 above, should be taken as facilitation provided by Authority and not as its
obligation. Similarly, it will not be binding on the Bidder to accept such facilitations.

Signature Not Verified

62 Digitally signed by MAHENDER SINGH
Date: 2022.08.03 17:33:37 IST
Location: eProcurement System for Central
PSUs