RFQ RFP
RFQ RFP
TENDER DOCUMENT
For
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Design and Construction of 33/11kV Sub- station Works For DMIC-IITGNL at Greater Noida.
TABLE OF CONTENTS
TECHNICAL BID DOCUMENT............................................................................................................ 2
DISCLAIMER ........................................................................................................................................ 7
SECTION–1 .................................................................................................................................................. 9
1.0 INTRODUCTION ................................................................................................................................ 9
1.1 Background ....................................................................................................................................... 9
1.2 Brief description of Bidding Process ........................................................................................ 15
1.3 Schedule of Bidding Process ..................................................................................................... 16
SECTION - 2 ................................................................................................................................................ 17
2.0 INSTRUCTIONS TO BIDDERS ....................................................................................................... 17
A. GENERAL ................................................................................................................................ 17
2.1 Scope of Bid .............................................................................................................................. 17
2.2 Eligibility of Bidders ................................................................................................................. 17
2.3 Change in composition of the Joint Venture ............................................................................. 26
2.4 Number of Bids and costs thereof ............................................................................................. 26
2.5 Site visit and verification of information .................................................................................. 26
2.6 Acknowledgement by Bidder .................................................................................................... 26
2.7 Right to accept or reject any or all bids ..................................................................................... 27
B. DOCUMENTS .......................................................................................................................... 29
2.8 Contents of the RFP .................................................................................................................. 29
2.9 Clarifications ............................................................................................................................. 29
2.10 Amendment of RFP................................................................................................................... 29
C. PREPARATION AND SUBMISSION OF BIDS .................................................................... 30
2.11 Language ................................................................................................................................... 30
2.12 Format and Signing of BID ....................................................................................................... 30
2.13 Sealing, Marking and submission of BIDs................................................................................ 30
2.14 BID Due Date............................................................................................................................ 31
2.15 Late BID.................................................................................................................................... 32
2.15.1 Not acceptable ........................................................................................................................... 32
2.16 Modifications/ Substitution/ Withdrawal of BIDs .................................................................... 32
D. EVALUATION PROCESS ...................................................................................................... 34
2.17 Opening and Evaluation of Bids ............................................................................................... 34
2.18 Confidentiality .......................................................................................................................... 35
2.19 Tests of responsiveness ............................................................................................................. 35
2.20 Clarifications ............................................................................................................................. 36
E. QUALIFICATION OF BIDDING ............................................................................................ 37
2.21 Selection of Bidder through QCBS and 3 bid process i.e. ........................................................ 37
2.21.1 Pre-qualification ........................................................................................................................ 37
2.21.2 Technical Qualification ............................................................................................................. 37
2.21.3 Financial .................................................................................................................................... 37
2.21.4 QCBS weightage is finally applicable to the ratio of 70:30 technical and financial respectively
37
2.22 Proprietary data ......................................................................................................................... 37
2.23 Correspondence with the Bidder ............................................................................................... 37
2.24 Contacts during BID Evaluation ............................................................................................... 37
2.25 Other Conditions ....................................................................................................................... 37
F. BID SECURITY ....................................................................................................................... 39
2.26 Bid Security............................................................................................................................... 39
Section- 3 ...................................................................................................................................................... 40
3.0 CRITERIA FOR EVALUATION ......................................................................................................... 40
3.1 Evaluation parameters ............................................................................................................... 40
3.2 Technical Capacity for purposes of evaluation ......................................................................... 40
3.3 Details of Experience ................................................................................................................ 41
3.4 Financial information for purposes of evaluation ..................................................................... 41
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Design and Construction of 33/11kV Sub- station Works For DMIC-IITGNL at Greater Noida.
An Integrated Industrial Township is has been developed at Greater Noida as part of the Delhi-Mumbai
Industrial corridor (DMIC). A special purpose company in the name of DMIC Integrated Industrial
Township Greater Noida Limited (DMIC IITGNL) has been incorporated between DMIC trust, and
Greater Noida Industrial Development Authority (GNIDA) to implement, promote and facilitate the
development of IIT project. DMIC IITGNL invites “Request for Proposal” (RFP) from interested bidders
for the following project.
Name of Work Projected cost (in Construction
Crores)Ex-cluding GST period in
Month
Design and construction of 33/11 kv, 50MVA 47.27 12 Months
electrical sub-station and distributation system for
integrated industrial township at Greater Noida Uttar
Pradesh on Engineering, procurement and
construction (EPC) basis.
Including 02years opration and Maintanance,
RFP shall be available on [Link] from 11.05.2026. RFP Processing fee of Rs. 15000.00 +
GST extra and bid security of Rs. 48,00,000/- only (Rupees Forty Eight Lakh Only) will be paid by the
bidders through RTGS to DMIC IITGNL. There will be no physical/hard bound submission and the
documents shall be submitted online only on [Link] Pre bid meeting for this project
will be held on 19.05.2026 at 16:00Hrs, last date for bid submission is 03.06.2026 at 18:00 Hrs.
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Design and Construction of 33/11kV Sub- station Works For DMIC-IITGNL at Greater Noida.
All pages of Bid document shall be duly signed by the authorized person of the bidder.
Scanned copy of Bid document shall be uploaded in separate volume/ folders as described
below in undatable (PDF) version:
A. Technical Bid
(i) Request for proposal document
(ii) Contract Agreement
(iii) Special Conditions
(iv) Tender drawings
B. Price Bid
(i) Price Bid
CEO & MD ,
Integrated Industrial Township Greater Noida Ltd
11th Floor, Tower-1, Plot No-1, Knowledge Park-IV, Greater
Noida, Gautam Buddha Nagar, U.P. 201308, India
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Design and Construction of 33/11kV Sub- station Works For DMIC-IITGNL at Greater Noida.
(i)To participate in bidding, bidders have to pay Rs 15000/- (Rupees Fifteen Thousand
only) + GST applicable Tax towards processing fee for BID and BID Security shall also to
be furnished by the bidder for the amount of Rs.48,00,000 (Rupees Fourty Eight Lakh
only.) Bid Processing fee and Bid Security to be paid by the bidder through RTGS to
IITGN (Bank- Bank Of Baroda. Account No.-98250200000388. IFSC Code-
BARB0GAMNOI).
2. Preparation & Submission of BIDs:
The Bidder shall submit his Bid online following the instruction appearing on the screen. A
buyer manual containing the detailed guidelines for e-procurement is available on e-
procurement portal/ [Link]
(i) The documents listed at clause 2 (Page-19) shall be prepared and scanned in different
files (in PDF or JPEG format such that file size is not more than 10 MB) and uploaded
during the on-line submission of BID.
(ii) Bid must be submitted online only through e-procurement portal of the Employer,
using the digital signature of authorized representative of the Bidder on or before _
03.06.2026_ (up to 18:00 Hours IST).
(i) The Bidder may modify, substitute or withdraw its e- BID after submission prior the
BID Due Date. No BID shall be modified, substituted or withdrawn by the Bidder on
or after the BID Due Date & Time.
(ii) Any alteration / modification in the BID or additional information supplied subsequent
to the BID Due Date, unless the same has been expressly sought for by the Employer
shall be disregarded.
(iii) For modification of e-BID, bidder has to detach its old BID from e-tendering portal and
upload / resubmit digitally signed modified BID.
(iv) For withdrawal of BID, bidder has to click on withdrawal icon at e-tendering portal
and can withdraw its e-BID.
(v)Before withdrawal of a BID, it may specifically be noted that after withdrawal of a BID
for any reason, bidder cannot re-submit the e-BID.
4. Opening & Evaluation of BIDs.
(i) Opening and evaluation of BIDs will be done through e tender online process.
(ii) The Employer shall open on-line received Technical BIDs at 17:00 hours on the BID
Due Date 04.06.2026, in the presence of the Bidders, who choose to attend. The
Employer will subsequently examine and evaluate the BIDs in accordance with the
provisions of Section 3 of RFP.
(iii) Prior to evaluation of BIDs, the Employer shall determine whether each BID is
responsive as per clause 2 of this Instruction to Bidders as per e-tendering process.
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DISCLAIMER
This RFP is not an agreement and is neither an offer nor invitation by the Employer to the
prospective Bidders or any other person. The information contained in this Request for
Proposal document (the "RFP") or subsequently provided to Bidder(s), whether verbally or in
documentary or any other form by or on behalf of the Employer or any of its employees or
advisors, is provided to Bidder(s) on the terms and conditions set out in this RFP and such
other terms and conditions subject to which such information is provided.
The purpose of this RFP is to provide interested parties with information that may be useful to
them in making their financial offers (BIDs) pursuant to this RFP. This RFP includes
statements, which reflect various assumptions and assessments arrived at by The Employer in
relation to the Project. Such assumptions, assessments and statements do not purport to contain
all the information that each Bidder may require. This RFP may not be appropriate for all
persons, and it is not possible for the Employer, its employees or advisors to consider the
objectives, financial situation and particular needs of each party who reads or uses this RFP.
The assumptions, assessments, statements and information contained in the Bidding
Documents, especially the Preliminary Design details/ information, may not be complete,
accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations
and analysis and should check the accuracy, adequacy, correctness, reliability and
completeness of the assumptions, assessments, statements and information contained in this
RFP and obtain independent advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Employer accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Employer, its employees and advisors make no representation or warranty and shall have
no liability to any person, including any Applicant or Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP cum RFP and any assessment, assumption, statement
or information contained therein or deemed to form part of this RFP or arising in any way for
participation in this Bidding Process.
The Employer also accepts no liability of any nature whether resulting from
negligence or otherwise howsoever caused arising from reliance of any Bidder
upon the statements contained in this RFP.
The Employer may in its absolute discretion, but without being under any obligation to
do so, update, amend or supplement the information, assessment or assumptions
contained in this RFP. The issue of this RFP does not imply that The Employer is
bound to select a Bidder or to appoint the Selected Bidder JV or Contractor, as the
case may be, for the Project and The Employer reserves the right to reject all or any of
the Bidders or BIDs without assigning any reason whatsoever.
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The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its BID including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which
may be required by The Employer or any other costs incurred in connection with or
relating to its BID. All such costs and expenses shall remain with the Bidder and The
Employer shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation or submission of the BID,
regardless of the conduct or outcome of the Bidding Process.
Nothing in this RFP shall constitute the basis of a contract which may be concluded in
relation to the Project nor shall such documentation/information be used in construing
any such contract. Each Bidder must rely on the terms and conditions contained in any
contract, when, and if, finally executed, subject to such limitations and restrictions
which may be specified in such contract.
The Bidders are prohibited from any form of collusion or arrangement in an attempt to
influence the selection and award process of the Bid. Giving or offering of any gift,
bribe or inducement or any attempt to any such act on behalf of the Bidder towards
any officer/employee of Employer or to any other person in a position to influence the
decision of the Employer for showing any favour in relation to this RFP or any other
contract, shall render the Bidder to such liability/penalty as the Employer may deem
proper, including but not limited to rejection of the Bid of the Bidder and forfeiture of
its Bid Security.
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SECTION–1
1.0 INTRODUCTION
1.1 Background
1.1.1. DMIC Integrated Industrial Township Greater Noida Limited (DMIC IITGNL) is a
Special Purpose Vehicle (SPV) incorporated under the provisions of the Companies
Act, 2013, as a joint venture between National Industrial Corridor Development &
Implementation Trust (NICDIT), set up by the Ministry of Commerce & Industry,
Government of India, and Greater Noida Industrial Development Authority
(GNIDA).
The Company is responsible for the development, operation, and maintenance of key
infrastructure projects including the Integrated Industrial Township (IIT), Multi
Modal Transport Hub (MMTH) at Boraki, and Multi Modal Logistics Hub (MMLH)
at Dadri, situated in the Dadri–Noida–Ghaziabad Investment Region (DNGIR) under
the Delhi Mumbai Industrial Corridor (DMIC) Project.
With the ongoing development activities and increasing industrial demand within the
township, there is a requirement to strengthen and augment the existing power
infrastructure. In this regard, DMIC IITGNL proposes to undertake the Design and
Construction of 33/11 kV, 50MVA, Electrical Substation for Integrated
Industrial Township at Greater Noida, Uttar Pradesh on EPC basis, along with
associated electrical infrastructure works.
The proposed work is aimed at ensuring reliable and adequate power supply to the
allottees and supporting the planned industrial growth within the township. The
augmentation of electrical infrastructure is essential for efficient service delivery,
operational sustainability, and enhancing the overall investment attractiveness of the
project area.
As part of this endeavor, the Employer has decided to undertake the following works
(the “Project”) through EPC procurement for Construction, and has decided to carry
out the bidding process for selection of a bidder to whom the Project may be
awarded.
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5 R.C.C. Storm water Drain (600mm X 600mm, final dimensions) with reinforced
concrete construction to ensure proper drainage during heavy rains.
6 Boundary Wall with fencing [RCC boundary wall of 1.8 mtr. height with barbed
wire/chain-link fencing above, providing both physical security and prevention of
unauthorized entry.] [Including- Excavation, PCC below brick wall, Brick work in
foundation, P/C DPC 40mm thick, brick work in super structure, Plaster, white wash,
fencing]
7 Plumbing [Dedicated fenced enclosures around transformers for safety, equipment
protection, and compliance with electrical safety norms.]
8 Gate (Lump Sum) [Fabricated heavy-duty steel gate with locking arrangement for
controlled entry and exit.]
9 Rain Water Harvesting (Lump Sum) [Underground pit construction for water
collection, with arrangement to recharge the natural underground water table through a
50 m PVC pipe from the pit.]
10 Shutter [Heavy-duty rolling shutters for equipment rooms to ensure easy access while
maintaining safety.]
11 External Plumbing Connectivity [Pipeline connection to the substation’s internal
plumbing system from the DMIC IITGNL water supply line.]
12 Submersible Pump (lump Sum) [High-capacity submersible pump for water
requirements, with pipeline connection to the substation’s internal water distribution
network.]
13 Drain/Sewerage/Plumbing water connection to Main line. [Connection of the
substation’s drainage and sewer system to the main DMIC IITGNL lines for proper
disposal and compliance with municipal norms.]
14 Trench [For cable tray installation and cable laying including support for cable tray]
800m x 2m x 2m
15 Transformer Base [RCC base structure to be made of size 4m x 4m x 4m for the
installation of transformer, hight load bearing capacity rail included, gravel,
transformer fencing, fire wall, PCC, including steel, Transformer RCC partion wall]
16 Trench Cover [To seal the trench and to protect the cables from atmospheric
degradation and theft cases and to be able to bear load of light vehicles.] RCC-M25
17 Trench Cover Steel [ Steel to be used inside the RCC trench cover, 1% of RCC
quantity]
18 Liasioning with UPPTCL, CEIG, DISCOM and any other statutory regulatory body as
relevant for getting complete approval of Electrical installation works. The contractor
has to follow the provisions made in UP Electricity act and supply code-2005".
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EPC contractor shall interface with the System Integrator for the Automation
System to Command Control Center. EPC contractor shall coordinate with
other respective EPC Contractor who will install OFC for RMU
comminication.
Project period for completion of works shall be 12 Month (Twelve Month only) from
date of appointment of contractor.
1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing, engineering,
procurement and construction of the Project under and in accordance with the
provisions of an engineering, procurement and construction contract (the “EPC
Agreement”) to be entered into between the Contractor and the Employer in the form
provided by the Employer as part of the Biding Documents pursuant hereto. Defects
Liability period shall be for period of two years commencing from the date of
Completion Certificate. 33/11kV substation equipment power distribution network
executed by bidder shall be guaranteed for a period of two years against manufacturing
defects and/ or inferior workmanship/ any breakdown/ short circuit at source level
or
1.1.3 Substation level/ which may or may not be the cause of workmanship or
manufacturing. If any OEM (Original Equipment Manufacturer) provides
guarantee/warranty of any equipment more than the defect liability period, the
Contractor shall be liable for rectification of any defect or deficiency in the Project
after completion of the Defects Liability Period. All original guarantee/ warranty
certificates shall be handed over to concerned DISCOM and has to follow the terms &
conditions of handing over MEMO of DISCOM.
The bidder shall provide adequate round the clock security for his own equipment,
material, machinery etc including labors so that these assets are prevented from theft.
1.1.4 The scope of work broadly include Detail Design, Supply, Installation, Testing &
Commissioning of 33kV Switching Station cum 33/11kV substation with switchgears,
transformers, ring distribution system, cabling, earthing, lighting, SCADA and
required auxiliary systems and associated civil works for building, foundation for
equipments, excavation and backfilling for laying of cables and earthing strips, cable
trenches inside building. Defects Liability Period shall be uniform for all components
of project and shall be for period of two years commencing from the date of
Completion Certificate.
1.1.5 The estimated cost of the Project (the "Estimated Project Cost") has been specified in
clause 1.1.1 above. The assessment of actual costs, however, will have to be made by
the Bidders.
1.1.6 The EPC Agreement sets forth the detailed terms and conditions for award of the
project to the contractor, including the scope of the contractor's work and obligations.
1.1.7 The statements and explanations contained in this RFP are intended to provide a better
understanding to the Bidders about the subject matter of this RFP and should not be
construed or interpreted as limiting in any way or manner the scope of work and
obligations of the Contractor set forth in the Agreement or The Employer's rights to
amend, alter, change, supplement or clarify the scope of work, the work to be awarded
pursuant to this RFP or the terms thereof or herein contained. Consequently, any
omissions, conflicts or contradictions in the Bidding Documents including this RFP are
to be noted, interpreted and applied appropriately to give effect to this intent, and no
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1.1.8 The Employer shall receive BIDs pursuant to this RFP in accordance with the terms set
forth in this RFP and other documents to be provided by The Employer pursuant to this
RFP, as modified, altered, amended and clarified from time to time by the Employer
(collectively the "Bidding Documents"), and all BIDs shall be prepared and submitted
in accordance with such terms on or before the BID due date specified in Clause 1.3
for submission of BIDs (the "BID Due Date").
1.2.1 The Employer has adopted a single stage two part process with QCBS elevation
(collectively referred to as the "Bidding Process") for selection of the Bidder for
award of the Project. Under this process, Eligibility and qualification of the Bidder
will be first examined based on the details submitted under first part (Technical Bid)
with respect to eligibility and qualifications criteria prescribed in this RFP. (The
“Bidder", which expression shall, unless repugnant to the context, include the
members of the Joint Venture). Prior to making an Application, the Bidder shall pay
to the Employer a sum as the cost of Tender Fee. The Financial Bid under the
second part shall be opened only for those Bidders who’s Technical Bids are
responsive to eligibility and qualifications requirements as per this RFP. GOI has
issued guidelines (see Appendix-V of RFP) for qualification of bidders seeking to
acquire stakes in any public sector enterprise through the process of disinvestment.
The guidelines shall apply mutatis mutandis to this Bidding Process. The Employer
shall be entitled to disqualify a Bidder in accordance with the aforesaid guidelines at
any stage of the Bidding Process. Bidders must satisfy themselves that they are
qualified to bid, and should give an undertaking to this effect in the form at
Appendix-I
1.2.2 The Bidding Documents include the draft Agreement for the Project. The
Preliminary Design details prepared by the employer provided in contract
agreement. The aforesaid documents and any addenda issued subsequent to this RFP
Document will be deemed to form part of the Bidding Documents.
1.2.3 A Bidder is required to deposit, along with its Bid, a bid security (the "BID
Security"), refundable after signing of contract with successful bidder or after 90
days from Bid Due Date whichever is earlier. In the case of the Selected Bidder
whose BID Security shall be retained till the bidder has provided a Performance
Security under the Agreement.
1.2.4 Bidders are advised to examine the Project in greater detail, and to carry out, at their
cost, such studies as may be required for submitting their respective BIDs for award
of the contract including implementation of the Project.
1.2.5 BIDs are invited for the Project on the basis of the lowest price achieve highest
marks of QCBS, by a Bidder for implementing the Project (the "BID Price"). The
total time allowed for completion of construction under the Agreement (the
"Construction Period") and the period during which
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the Contractor shall be liable for rectification of any defect or deficiency in the
Project after completion of the Construction Period (the "Defects Liability Period")
shall be pre-determined, and are specified in the draft Agreement forming part of the
Bidding Documents.
In this RFP, the term "highest Bidder" shall mean the bidder who is achieve highest
marks on QCBS Elevation.
1.2.6 Any queries or request for additional information concerning this RFP shall be
submitted in writing to by email (info@[Link] , smenm@[Link] ,
amenm@[Link] ) to the Employer. "Queries/Request for Additional
Information: RFP for Design and Construction of 33/11kV power distribution works
for Integrated Industrial Township in Greater Noida in the State of Uttar Pradesh
through Engineering, Procurement & Construction (EPC) Basis".
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SECTION - 2
2.0 INSTRUCTIONS TO BIDDERS
A. GENERAL
"The word 'Tender’ is synonymous with 'Bid', and their derivatives, bidder/tenderer, bid/tender,
bidding/ tendering" as well as the words “Tender Documents” and “Bid Documents” are also
synonymous."
The word Financial Bid is synonymous to word Price Bid
2.1 Scope of Bid
2.1.1 The Employer intents to receive Bids for Selection of experienced and
capable Contractor to execute the work on EPC Basis.
2.2.1 For determining the eligibility of Bidders for their qualification hereunder, the following
shall apply:
(a) The Bidder may be a single entity or a group of entities (the "Joint Venture"),
coming together to implement the Project. However, a Bidder, applying
individually or as a member of a Joint Venture, as the case may be, cannot be
member of another group of entity. The term Bidder used herein would apply
to both a single entity and a Joint Venture.
(b) A Bidder shall be a company incorporated under the Indian Companies Act,
1956 or a combination of companies with a formal intent to enter into a Joint
Venture agreement or under an existing agreement to form a Joint Venture. A
Joint Venture shall be eligible for consideration subject to the conditions set
out.
(c) A Bidder shall not have a conflict of interest (the "Conflict of Interest") that
affects the Bidding Process. Any Bidder found to have a Conflict of Interest
shall be disqualified. Bidder shall be deemed to have a Conflict of Interest
affecting the Bidding Process, if:
(i) the Bidder, its Joint Venture Member (or any constituent thereof) and
any other Bidder, its Member or any Member of its Joint Venture
thereof (or any constituent thereof) have common controlling
shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the direct or indirect
shareholding of a Bidder, or its Joint Venture Member thereof (or any
shareholder thereof having a shareholding of more than 5% (five
percent) of the paid up and subscribed share capital of such Bidder, or
its Joint Venture Member, as the case may be), in the other Bidder, its
Joint Venture Member is less than 5% (five percent) of the subscribed
and paid up equity share capital thereof; provided further that this
disqualification shall not apply to any ownership by a bank, insurance
company, pension fund or a public financial institution referred to in
section 4A of the
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(ii) Companies Act 1956. For the purposes of this Clause (c), indirect
shareholding held through one or more intermediate persons shall be
computed as follows: (aa) where any intermediary is controlled by a person
through management control or otherwise, the entire shareholding held by
such controlled intermediary in any other person (the "Subject Person") shall
be taken into account for computing the shareholding of such controlling
person in the Subject Person; and (bb) subject always to sub clause (aa)
above, where a person does not exercise control over an intermediary, which
has shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be undertaken on a
proportionate basis; provided, however, that no such shareholding shall be
reckoned under this sub-clause (bb) if the Shareholding of such person in the
intermediary is less than 26% of the subscribed and paid up equity
shareholding of such intermediary; or
(iv) such Bidder, or any of its Joint Venture Member thereof receives or has
received any direct or indirect subsidy, grant, concessional loan or
subordinated debt from any other Bidder, or any of its Joint Venture Member
thereof or has provided any such subsidy, grant, concessional loan or
subordinated debt to any other Bidder, its Member or any of its Joint Venture
Member thereof; or
(v) such Bidder has the same legal representative for purposes of this Bid as any
other Bidder; or
(vi) such Bidder, or any of its Joint Venture Member thereof has a relationship
with another Bidder, or any of its Joint Venture Member thereof, directly or
through common third party/ parties, that puts either or both of them in a
position to have access to each other's' information about, or to influence the
Bid of either or each other; or
(vii) Such Bidder, or any of its Joint Venture Member thereof has participated as a
consultant to the Employer in the preparation of any documents, design or
technical specifications of the Project.
(d) A Bidder shall be liable for disqualification if any legal, financial or technical
adviser of the Employer in relation to the Project is engaged by the Bidder, or any
of its Members, as the case may be, in any manner for matters related to or
incidental to the Project. For the avoidance of doubt, this disqualification shall not
apply where such adviser was engaged by the Bidder, its Member in the past but
its assignment expired or was terminated 6 (six) months prior to the date of issue
of this RFP.
(e) Profitability: The Bidder firm shall be profit (net) making firm and shall
have made profit at least in three financial years out of the last five financial
years prior to submitting the Bid. The Bidder should submit attested copies of
auditor's report.
(f) One of the members of the JV firm shall be its Lead Member who shall have a
majority (at least 51% share of interest in the JV firm. The other members shall
have a share of not less than 20%. In case of JV firm with foreign member (s), the
lead member has to be an Indian firm with a minimum share of 51%.
(g) No legal litigation in the past or present with the DMIC- IITGNL.
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2.2.2 To be eligible to bid, a Bidder shall fulfill the following conditions of eligibility:
(i) The bidder shall demonstrate technical capacity by having received payments
during the last Five (05) financial years preceding the Application Due Date. The
total value of such payments should be not less than ₹96 Crore (Rupees Ninety-
Six Crore Only), which is equivalent to two times the estimated project cost.
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Outcome
• The score achieved by the bidder after technical evaluation will be called as technical
score. Minimum qulifying marks 70 out of 100
• Only technically qualified bidders shall be eligible for participation in the Financial Bid
evaluation under Stage III.
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• Financial Bids of only those bidders who qualify in both Stage I and Stage II shall be
opened online/offline through the e-tender portal, as applicable.
Financial Evaluation
• Financial Bids shall be evaluated strictly as per the QCBS methodology detailed in the
RFP.
• Only fixed-price financial bids indicating total prices for all deliverables and services
specified in the RFP shall be considered.
• The bid price shall be quoted in Indian Rupees and shall be inclusive of all applicable
taxes and levies. The type and rate of taxes shall be indicated separately.
• In case of any arithmetic error, the amount quoted in words shall prevail over the
amount quoted in figures.
Final Selection
• The combined QCBS score shall be computed based on the technical and financial
evaluations.
• The bidder securing the highest QCBS score shall be declared the H-1 / Successful
Bidder, subject to compliance with all terms and conditions of the RFP and completion
of the e-tender process.
This three-stage evaluation framework shall govern the entire bid assessment process and
shall be binding on all participating bidders.
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2.2.4 The Bidder shall enclose with its Bid, to be submitted as per the format at Appendix-IA,
complete with its Annexes, the following:
(i) Certificates from its statutory auditors or the concerned client(s) stating the
payments received or in case of a EPC project, the construction carried out by
itself, during the past 05 years, in respect of the Eligible Projects. In case a
particular job/ contract has been jointly executed by the Applicant (as part of a
Joint Venture), it should further support its claim for the payments received or
construction carried out by itself in EPC Projects as applicable the share in
work done for that particular job/ contract by producing a certificate from its
statutory auditor or the client; and
(ii) certificate(s) from its statutory auditors specifying the net worth of the Bidder, as
at the close of the preceding financial year i.e 2024-25.
The Bidder should submit a Power of Attorney as per the format at Appendix- II,
authorizing the signatory of the Bid to commit the Bidder. In the case of a Joint
Venture, the Members should submit a Power of Attorney in favour of the Lead
Member as per format at Appendix-III.
2.2.5 In case the Bidder is a Joint Venture, it shall comply with the following additional
requirements:
(a) Number of members in a Joint Venture shall not exceed 3 (three) including lead
partner & all Members of the Joint Venture shall be registered under the Indian
Companies Act, 1956. The either shall have a valid electrical license of 33 &
11kV voltage class or above for executing this type of project;
(b) subject to the provisions of clause (a) above, the Bid should contain the
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(d) the Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and defects
liability obligations;
(e) an individual Bidder cannot at the same time be member of a Joint Venture
submitting for bid. Further, a member of a particular Bidder Joint Venture cannot
be member of any other Bidder Joint Venture submitting for bid;
(f) members of the Joint Venture shall have entered into a binding Joint Bidding
Agreement, substantially in the form specified at Appendix-IV (the "Jt. Bidding
Agreement"), for the purpose of making the Bid and submitting a Bid. The Jt.
Bidding Agreement, to be submitted along with the Bid, shall, inter alia:
(i) convey the commitment(s) of the Lead Member in accordance with this RFP,
in case the contract to undertake the Project is awarded to the Joint Venture;
(ii) clearly outline the proposed roles and responsibilities, if any, of each
member;
(iii) commit the approximate share of work to be undertaken by each member of
joint venture;
(iv) include a statement to the effect that all members of the Joint Venture shall
be liable jointly and severally for all obligations of the Contractor in relation
to the Project until the Defects Liability Period is achieved in accordance
with the EPC Agreement; and
(g) except as provided under this RFP and the Bidding Documents, there shall not be
any amendment to the Jt. Bidding Agreement without the prior written consent of
the Employer
2.2.6 Any entity which has been barred by the Central / State Government , or any entity
controlled by it, from participating in any project, and the bar subsists as on the date of
Bid, would not be eligible to submit a Bid, either Individually or as member of a Joint
Venture.
2.2.7 Any Bidder including any Member should, in the last 3 (three) years, have neither failed
to perform on any contract, as evidenced by imposition of a penalty by an arbitral or
judicial Employer or a judicial pronouncement or arbitration award against the
Bidder or Member, as the case may be, nor has been expelled from any project or
contract by any public entity nor have had any contract terminated by any Public entity
for breach by such Bid der or Member.
[Link] The Bidder including any Member may provide details of all their on-going projects
along with stage of litigation, if so, against the Employer / Governments.
[Link] The Bidder including any member may also provide details of on-going process of
blacklisting if so, under any contract with Employer / Government.
[Link] The Employer reserves the right to reject an otherwise eligible bidder on the basis of the
information provided under clause 2.2.8. The decision of the Employer in this case shall
be final.
2.2.9 The following conditions shall be adhered to while submitting the Bid:
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(a) Bidders should attach clearly marked and referenced continuation sheets in the
event that the space provided in the prescribed forms in the Annexes is
insufficient. Alternatively, Bidders may format the prescribed forms making due
provision for incorporation of the requested information;
(b) Information supplied by the Bidder (or other constituent Member if the Bidder
is a Joint Venture) must apply to the Bidder, Member named in the Bid;
(d) in case the Bidder is a Joint Venture, Member’s should jointly substantially satisfy
the bid requirements to the extent specified herein.
(e) in case the Bidder does not have the relevant experience for any specific element
of the project, it shall be deemed to have given an undertaking to engage
specialized personnel/ sub-contractors in accordance with the Agreement.
2.2.10 While Qualification is open to persons from any country, the following provisions
shall apply
(a) Where, on the date of the Bid, not less than 15% (fifteen percent) of the aggregate
issued, subscribed and paid up equity share capital in a Bidder or its Member is
held by persons resident outside India or where a Bidder or its Member
is controlled by persons resident outside India
(Details are to be furnished in as prescribed); or
(b) if at any subsequent stage after the date of the Bid, there is an acquisition of not
less than 15% (fifteen percent) of the aggregate issued, subscribed and paid up
equity share capital or control, by persons resident outside India, in or of the
Bidder or its Member/ Partner; then the Qualification of such Bidder or in the
event described in sub clause (b) above, the continued Qualification of the Bidder
shall be subject to approval of the Employer from national security and public
interest perspective. The decision of the Employer in this behalf shall be final and
conclusive and binding on the Bidder.
2.2.11 Notwithstanding anything to the contrary contained herein, in the event that the
Bid Due Date falls within three months of the closing of the latest financial
year of a Bidder, it shall ignore such financial year for the purposes of its Bid
and furnish all its information and certification with reference to the 5 (five)
years or 1 (one) year, as the case may be, preceding its latest financial year. For
the avoidance of doubt, financial year shall, for the purposes of a Bid
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hereunder, mean the accounting year followed by the Bidder in the course of its
normal business.
2.3.1 Change in the composition of a Joint Venture will not be permitted by the
Employer during the Bid Stage
2.4.1 No Bidder shall submit more than one Bid for the Project. A Bidder applying
individually or as a member of a Joint Venture shall not be entitled to submit
another bid either individually or as a member of any Joint Venture, as the case
may be.
2.4.2 The Bidders shall be responsible for all of the costs associated with the
preparation of their Bids and their participation in the Bid Process. The
Employer will not be responsible or in any way liable for such costs, regardless
of the conduct or outcome of the Bidding Process.
(d) satisfied itself about all matters, things and information including
matters referred to in Clause 2.5.1 hereinabove necessary and required
for submitting an informed BID, execution of the Project in accordance
with the Bidding Documents and performance of all of its obligations
there under;
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2.6.2 The Employer shall not be liable for any omission, mistake or error in respect
of any of the above or on account of any matter or thing arising out of or
concerning or relating to RFP, the Bidding Documents or the Bidding
Process, including any error or mistake therein or in any information or data
given by the Employer.
Notwithstanding anything contained in this RFP, the Employer reserves the right to
accept or reject any Bid and to annul the Bidding Process and reject all Bids, at any
time without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons therefore. In the event that the
Employer rejects or annuls all the Bids, it may, in its discretion, invite all eligible
Bidders to submit frees Bids hereunder and as specified in Clause 2.21 of this RFP.
(b) The Bidder does not provide, within the time specified by the
Employer, the supplemental information sought by the Employer
for evaluation of the BID.
If the Bidder is a Joint Venture, then the entire Joint Venture and each
Member of the Joint Venture may be disqualified/ rejected. If such
disqualification/rejection occurs after the BIDs have been opened and the
lowest Bidder gets disqualified / rejected, then the Employer reserves the
right to
(i) invite the remaining Bidders to match the highest Bidder/ submit
their Bids in accordance with the RFP; or
(ii) take any such measure as may be deemed fit in the sole
discretion of the Employer, including annulment of the Bidding
Process.
2.7.2 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of defects liability,
subsistence thereof, that one or more of the pre-qualification conditions have
not been met by the Bidder, or the Bidder has made material misrepresentation
or has given any materially incorrect or false information, the Bidder shall be
disqualified forthwith if not yet appointed as the contractor either by issue of
the LOA or entering into of the Agreement, and if the Selected Bidder has
already been issued the LOA or has entered into the Agreement, as the case
may be, the same shall, notwithstanding anything to the contrary contained
therein or in this RFP, be liable to be terminated, by a communication in
writing by the Employer to the Selected Bidder or the Contractor, as the case
may be, without the Employer being liable in any manner whatsoever to the
Selected Bidder or the Contractor. In such an event, the Employer shall be
entitled to forfeit and appropriate the BID Security or Performance Security, as
the case may be, as Damages, without prejudice to any other right or remedy
that may be available to the Employer under the Bidding Documents and/ or the
Agreement, or otherwise.
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2.7.3 The Employer reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP. Any such
verification or lack of such verification by the Employer shall not relieve the
Bidder of its obligations or liabilities hereunder nor will it affect any rights of
the Employer thereunder
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B. DOCUMENTS
2.8 Contents of the RFP
2.8.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.
Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of BIDs
Section 4. Fraud and Corrupt Practices
Section 5. Pre-BID Conference
Section 6. Miscellaneous
Appendices
2.8.2 The Draft EPC Agreement provided by the Employer as part of the Bid
Document shall be deemed to be part of this RFP
2.9 Clarifications
2.9.1 Bidders requiring any clarification on the RFP may notify the Employer in
writing or e-mail as mentioned.
2.9.2 The Employer may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all Bidders. All clarifications
and interpretations issued by the Employer shall be deemed to be part of the
Bidding Documents. Verbal clarifications and information given by The
Employer or its employees or representatives shall not in any way or manner be
binding on the Employer.
2.10.1 At any time prior to the BID Due Date, the Employer may, for any reason,
whether at its own initiative or in response to clarifications requested by a
Bidder, modify the RFP by the issuance of Addenda.
2.10.2 Any Addendum issued hereunder will be published on DMIC-IITGNL website and
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2.10.3 In order to afford the Bidders a reasonable time for taking an Addendum into
account, or for any other reason, the Employer may, in its sole discretion, extend
the BID Due Date
2.11 Language
The Bid and all related correspondence and documents in relation to the Bidding
Process shall be in English language. Supporting documents and printed literature
furnished by the Bidder with the Bid may be in any other language provided that
they are accompanied by translations of all the pertinent passages in the English
language, duly authenticated and certified by the bidder. Supporting materials,
which are not translated into English, may not be considered. For the purpose of
interpretation and evaluation of the Bid, the English language translation shall
prevail.
2.12.1 The Bidder shall provide all the information sought under this RFP. The
Employer will evaluate only those BIDs that are received online in the required
formats and complete in all respects and Bid Security, processing fee, POA and
Joint bidding Agreement are received online. Incomplete and/or conditional Bids
shall be liable to rejection
2.12.2 The Bid shall be typed or written in indelible ink and signed by the authorized
signatory of the Bidder who shall also initial each page, in blue ink. All the
alterations, omissions, additions or any of their amendments made to the BID
shall be initialed by the person(s) signing the BID.
Technical Bid:
(b) Power of Attorney for signing the BID as per the format at Appendix-II;
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Financial Bid
(a) Original Power of Attorney for signing the BID as per format at Appendix-
II (scan copy of Original Power of Attorney to be submitted)
2.13.3 All pages of Bid document shall be duly signed by the authorized person of the
bidder. Scanned copy of Bid document shall be uploaded in separate volume/
folders as described below in uneditable (PDF) version:
A. Technical Bid
B. Price Bid
2.14.1 Technical and Financial Bid comprising of the document listed at 2.13.1 and 2.13.2 of
the RFPshall be submitted online through e- procurement portal on or before 18:00
hours on the Bid Due Date 03/06/2026.
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2.14.2 The Employer may, in its sole discretion, extend the BID Due Date by issuing
an Addendum in accordance with Clause 2.10 uniformly for all Bidders.
2.16.1 The Bidder may modify, substitute or withdraw its BID after submission,
provided that written notice of modification, substitution or withdrawal is received
by the Employer prior to BID Due Date. No BID shall be modified, substituted or
withdrawn by the Bidder on or after the BID Due Date & Time.
2.16.2 For modification of e-BID, Bidder has to detach its old BID from e- procurement
portal and upload / resubmit digitally signed modified BID. For withdrawal of BID,
bidder has to click on withdrawal icon at e- procurement portal and can
withdraw its e-BID. Before withdrawal of a BID, it may specifically be noted that
after withdrawal of a BID for any reasons, Bidder cannot re-submit e-BID again.
Note: if any Format orAnnxure is not avilable in the BID document, bidder
shall submit as standard format (affidavit (s) seprate undertaking for liqudation
on non- judicial stamp paper as per RPF clause 2.2.2 Pre Qulification).
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D. EVALUATION PROCESS
2.17.2 Technical Bids of those Bidders, who have not submitted their Bid online, shall not be
considered for opening and evaluation.
2.17.3 The Employer will subsequently examine fulfillment of Pre-Qualification Criteria and
evaluate technical bid in accordance with the provisions.
2.17.4 Bidders are advised that qualification of Bidders will be entirely at the discretion of the
Employer. Bidders will be deemed to have understood and agreed that no explanation
or justification on any aspect of the Bidding Process or selection will be given.
2.17.5 To facilitate evaluation of Technical BIDs, the Employer may, at its sole discretion,
seek clarifications in writing from any Bidder regarding its Technical BID. Such
clarification(s) shall be provided within the time specified by the Employer for this
purpose. Any request for clarification(s) and all clarification(s) in response thereto shall
be in writing.
2.17.6 If a Bidder does not provide clarifications sought under Clause 2.17.5 above within the
prescribed time, its Bid may be liable to be rejected. In case the Bid is not rejected, the
Employer may proceed to evaluate the Bid by construing the particulars requiring
clarification to the best of its understanding, and the Bidder shall be barred from
subsequently questioning such interpretation of the Employer.
2.17.7 The Employer reserves the right to reject any Technical BID which is non- responsive
as per clause and no request for alteration, modification, substitution or withdrawal
shall be entertained by the Employer in respect of such BID.
2.17.8 Any information contained in the Bid shall not in any way be construed as binding on
the Employer, its agents, successors or assigns, but shall be binding against the Bidder
if the Project is subsequently awarded to it on the basis of such information.
2.17.9 The Employer reserves the right not to proceed with the Bidding Process at any time
without notice or liability and to reject any or all Bid(s) without assigning any reasons.
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2.17.11 In the event that a Bidder claims credit for an Eligible Project, and such claim is
determined by the Employer as incorrect or erroneous, the Employer shall reject such
claim and exclude the same from computation of the Eligible
Score, and may also, while computing the aggregate Experience Score of the Bidder,
make a further deduction equivalent to the claim rejected hereunder. Where any
information is found to be patently false or amounting to a material misrepresentation,
the Employer reserves the right to reject the Bid in accordance with the provisions.
2.17.12 The Employer will get the BID security verified from the issuing authority and after
due verification, the Authority will evaluate the Technical BIDs for their compliance to
the eligibility and qualification requirements pursuant of this RFP.
2.17.13 The Employer shall inform the venue and time of online opening of the Financial Bids
to the Technically responsive Bidders through e- procurement portal of the Employer
and e- mail. The Employer shall online open the Financial Bids on date and time to be
informed in this clause in the presence of the authorized representatives of the Bidders
who may choose to attend.
2.18 Confidentiality
2.19.1 Prior to evaluation of Bids, the Employer shall determine whether each Bid is
responsive to the requirements of the RFP. A Bid shall be considered responsive only
if:
(g) it contains certificates from its statutory auditors in the formats specified
at Appendix-IA of the RFP for each Eligible Project;
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(h) Payment of Rs 15,000/- (+GST extra) as a RFP processing fee and Bid Security of
Rs 48,00,000/- is made by Bidder through RTGS to DMIC-IITGNL.
(i) it is accompanied by the Jt. Bidding Agreement (for Joint Venture), specific to the
Project, as stipulated in Clause 2.2.6(g);
(j) it does not contain any condition or qualification; and
2.19.2 The Employer reserves the right to reject any Bid which is non- responsive and no
request for alteration, modification, substitution or withdrawal shall be entertained by
the Employer in respect of such Bid.
2.20 Clarifications
2.20.1 To facilitate evaluation of Bids, the Employer may, at its sole discretion, seek
clarifications from any Bidder regarding its Bid. Such clarification(s) shall be provided
within the time specified by the Employer for this purpose. Any request for
clarification(s) and all clarification(s) in response thereto shall be in writing.
2.20.2 If a Bidder does not provide clarifications sought under Clause 2.20.1 above within the
prescribed time, its Bid shall be liable to be rejected. In case the Bid is not rejected, the
Employer may proceed to evaluate the Bid by construing the particulars requiring
clarification to the best of its understanding, and the Bidder shall be barred from
subsequently questioning such interpretation of the Employer.
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E. QUALIFICATION OF BIDDING
2.21.6 After acknowledgement of the LOA as a fore said by the Selected Bidder, it shall cause
the bidder to execute the Agreement within the period prescribed in bid. The Selected
Bidder shall not be entitled to seek any deviation, modification or amendment i n the
Agreement.
Save and except as provided in this RFP, the Employer shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any Bid.
BIDs shall be deemed to be under consideration immediately after they are opened
and until such time the Employer makes official intimation of award/ rejection to the
Bidders. While the BIDs are under consideration, Bidders and/ or their representatives
or other interested parties are advised to refrain, save and except as required under the
Bidding Documents, from contacting by any means, the Employer and/ or their
employees/ representatives on matters related to the BIDs under consideration.
2.25.2 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft EPC contract shall have overriding effect; provided, however, that
any conditions or obligations imposed on the Bidder hereunder shall continue to
have effect in
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2.25.3 The Bidding Documents including this RFP and all attached documents are and shall
remain the property of the Employer and are transmitted to the Bidders solely for the
purpose of preparation and the submission of a Bid in accordance herewith. Bidders are
to treat all information as strictly confidential and shall not use it for any purpose other
than for preparation and submission of their Bid. The Employer will not return any Bid
or any information provided along therewith.
2.25.5 Any award of concession pursuant to this RFP shall be subject to the terms of Bidding
Documents.
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F. BID SECURITY
2.26.1 The Bidder shall furnish as part of its Bid, a Bid Security described in tender through
RTGS to DMIC-IITGNL as per details.
2.26.3 Any Bid not accompanied by the Bid Security shall be rejected by the Employer as non-
responsive.
2.26.4 The Bid Security of unsuccessful Bidders will be returned by the Employer, without any
interest, as promptly as possible on acceptance of the Bid of the selected bidder or when
the bidding process is cancelled by the Employer.
2.26.5 The Selected Bidder's Bid Security will be returned, without any interest, upon the
bidder signing the EPC Contract and furnishing the Performance Security in accordance
with the provisions thereof.
2.26.6 The Employer shall be entitled to forfeit and appropriate the Bid Security as Damages
inter alia in any of the events specified in tender clause 2.26.7 herein below. The Bidder
by submitting its Bid pursuant to this RFP, shall be deemed to have acknowledged and
confirmed that the Employer will suffer loss and damage on account of withdrawal of its
Bid or for any other default by the Bidder during the period of Bid validity as specified
in this RFP. No relaxation of any kind on Bid Security shall be given to any Bidder.
2.26.7 The Bid Security shall be forfeited and appropriated by the Employer as damages
payable to the Employer for, inter alia, time, cost and effort of the Employer without
prejudice to any other right or remedy that may be available to the Employer under the
bidding documents and/or under the Agreement or otherwise, under the following
conditions:
(d) In the case of Selected Bidder, if it fails within the specified time limit
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Section- 3
3.1.1 Only those Bidders who meet the eligibility criteria specified in Clause 2.2.1 above
shall qualify for evaluation under this Section 3. Bids of firms/ Joint Venture who
do not meet these criteria shall be rejected.
3.2.1 Subject to the provisions of Clause 2.2, the following categories of experience
would qualify as Technical Capacity and eligible experience (QCBS Broad details).
3.2.2 For a project to qualify as an Eligible Project, the Applicant should have received
payments from its client(s) for construction works executed, fully or partially,
during the 05 (five) financial years immediately preceding the Application Due
Date, and only the amounts (gross) actually received, during such 05 (five )
financial years shall qualify for purposes of computing the Experience Score.
However, receipts of less than 10% of Estimated Project cost shall not be reckoned
stage -2
3.2.3 as receipts for Eligible Projects. For the avoidance of doubt, construction works
shall not include supply of goods or equipment except when such goods or
equipment form part of a turn- key construction contract / EPC contract for the
project. Further, the cost of land shall not be included hereunder.
3.2.4 The Bidder shall quote experience in respect of a particular Eligible Project, even
though the bidder (either individually or along with a member of the Joint Venture)
may have played multiple roles in the cited project. Double counting for a particular
Eligible Project shall not be permitted in any form.
3.2.5 Experience for any activity relating to an Eligible Project shall not be claimed by
two or more members of the Joint Venture. In other words, no double counting by a
Joint Venture in respect of the same experience shall be permitted in any manner
whatsoever
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3.3.1 The Bidder should furnish the details of Eligible Experience for the last 05 (five)
financial years immediately preceding the Bid Due Date.
3.3.2 The Bidders must provide the necessary information whose experience is claimed in
relation to Technical Capacity as per format at Annexures.
3.3.3 The Bidder should furnish the required Project-specific information and evidence in
support of its claim of Technical Capacity, as per format at Annexures.
3.4.1 The Bid must be accompanied by the Audited Annual Reports of the Bidder (of each
Member in case of a Joint Venture) for the last 05 (five) financial years, preceding
the year in which the Bid is made.
3.4.2 In case the annual accounts for the latest financial year are not audited and therefore
the Bidder cannot make it available, the Bidder shall give an undertaking to this
effect and the statutory auditor shall certify the same. In such a case, the Bidder shall
provide the Audited Annual Reports for 05 (five) years preceding the year for which
the Audited Annual Report is not being provided.
3.4.3 The Bidder must establish the minimum Net Worth specified in Clause 2.2.2 (B), and
provide details as per format at Annex-III of Appendix-IA.
3.4.4 (a) The Applicant must Establish Minimum Average Construction Turnover of Rs 50
Crore for three immediately preceding financial year and provide details as per
format at Annex-III A of Appendix –I
(b) Certificate of Credit facility of the amount of Rs 5.0 Crore dedicated for
this project from nationalized / scheduled banks
(c) The Applicant must establish minimum cash flow requirement of Rs 5.0 Crore
as per format at Annex – III B of Appendix – I
(d) All the Financial Reports shall be audited by Statutory Auditors.
3.5.1 The Bidders meeting the qualification requirements as per this RFP shall be notified
officially after due verification of their credential information in support of
qualification.
3.3.1 The Bidders meeting the QCBS criteria shall be eligible for opening of the financial
bids.
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SECTION - 4
4.1 The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent
to the issue of the LOA and during the subsistence of the Agreement.
Notwithstanding anything to the contrary contained herein, or in the LOA or the
Agreement, the Employer may reject a BID, withdraw the LOA, or terminate the
Agreement, as the case may be, without being liable in any manner whatsoever to
the Bidder, if it determines that the Bidder or the Contractor, as the case may be,
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 Employer shall be entitled to forfeit and appropriate
the BID Security or Performance Security, as the case may be, as Damages,
without prejudice to any other right or remedy that may be available to the
Employer under the Bidding Documents and/ or the Agreement, or otherwise.
4.2 Without prejudice to the rights of the Employer under Clause 4.1 hereinabove and
the rights and remedies which the Employer may have under the LOA or the
Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by
the Employer to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice during the Bidding Process, or after the issue of the
LOA or the execution of the Agreement, such Bidder or Contractor shall not be
eligible to participate in any tender or RFP issued by the Employer during a period
of 2 (two) years from the date such Bidder, or Contractor, as the case may be, is
found by the Employer to have directly or indirectly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practices, as the case may be.
4.3 For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:
(ii) save and except as permitted under Clause 2.2.1 of this RFP, engaging in
any manner whatsoever, whether during the Bidding Process or after the
issue of the LOA or after the execution of the Agreement, as the case may
be, 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 Employer in relation to any matter concerning
the Project;
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Design and Construction of 33/11kV Sub- station Works For DMIC-IITGNL at Greater Noida.
(d) "Undesirable practice" means (i) establishing contact with any person
connected with or employed or engaged by the Employer 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;
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SECTION - 5
5.1 Pre-BID conference of the Bidders shall be convened at the designated date, time and
place. . A maximum of two representatives of prospective Bidders shall be allowed to
participate on production of authority letter from the Bidder.
5.2 During the course of Pre-Bid conference(s), the Bidders will be free to seek
clarifications and make suggestions for consideration of the Employer. The Employer
shall endeavor to provide clarifications and such further information as it may, in its
sole discretion, consider appropriate for facilitating a fair, transparent and competitive
Bidding Process.
5.3 The Bidder is advised, as far as possible, to submit the queries in writing or by fax or
email and the same should be sent to the Employer on or before the specified date in
schedule of bidding process .
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SECTION- 6
6.0 MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws
of India and the District Courts at Gautam Budha Nagar, High Courts of Allahabad
,Uttar Pradesh and shall have exclusive jurisdiction over all disputes arising under,
pursuant to and/ or in connection with the Bidding Process.
6.2 The Employer, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms
and conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further information;
(c) retain any information and/ or evidence submitted to the Employer by, on behalf
of, and/ or in relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on behalf of
any Bidder.
6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Employer, its employees, agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs,
expenses or liabilities in any way related to or arising from the exercise of any
rights and/ or performance of any obligations hereunder and the Bidding
Documents, pursuant hereto, and/ or in connection with the Bidding Process, to
the fullest extent permitted by applicable law, and waives any and all rights and/
or claims it may have in this respect, whether actual or contingent, whether
present or in future.
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APPENDICES
APPENDIX - IA
To
Sub: Application for Technical Bid for Design and Construction of 33/11kV Power
Distribution works for Integrated Industrial Township, Greater Noida on
EPC Basis
Dear Sir,
1. We undertake to fully co-operate with The Employer for any documentation legally
enforceable for recognition and effectuation of such transfer of ownership.
2. We acknowledge that the Employer will be relying on the information provided in the
Bid and the documents accompanying such Bid for selection of the Bidders for the
aforesaid project, and we certify that all information provided in the Bid and in Annexes
I to IV is true and correct; nothing has been omitted which renders such information
misleading; and all documents accompanying such Bid are true copies of their respective
originals.
3. This statement is made for the express purpose of qualifying as a Bidder for the design
and construction of the aforesaid Project.
4. We shall make available to the Employer any additional information it may find
necessary or require to supplement or authenticate the Qualification statement.
5. We acknowledge the right of the Employer to reject our Bid without assigning any
reason or otherwise and hereby waive, to the fullest extent permitted by applicable law,
our right to challenge the same on any account whatsoever.
6. We certify that in the last three years, we/our Joint Venture Members have neither failed
to perform on any contract, as evidenced by imposition of a penalty by an arbitral or
judicial Employer or a judicial pronouncement or arbitration award, nor been expelled
from any project or contract by any public Employer nor have had any contract
6. terminated by any public Employer for breach on our part.
7. We declare that:
(b) We do not have any conflict of interest in accordance with Clauses 2.2.1(c) and
2.2.1(d) of the RFP document; and
8. We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any Bid that you may receive nor to invite the Bidders to Bid for
the Project, without incurring any liability to the Bidders, in accordance with Clause
2.17.9 of the RFP document.
9. We believe that we/ our Joint Venture/ proposed Joint Venture satisfy(ies) the Net Worth
criteria and meet(s) all the requirements as specified in the RFP document and are
qualified to submit a Bid.
10. We declare that we/ any Member of the Joint Venture are not a Member of a/ any other
Joint Venture applying for bid.
11. We certify that in regard to matters other than security and integrity of the country,
we/ any Member of the Joint Venture have not been convicted by a Court of Law or
indicted or adverse orders passed by a regulatory Employer which could cast a doubt on
our ability to undertake the Project or which relates to a grave offence that outrages the
moral sense of the community.
12. We further certify that in regard to matters relating to security and integrity of
the country, we/ any Member of the Joint Venture have not been charge-sheeted by any
agency of the Government or convicted by a Court of Law.
14. We further certify that we/ any Member of the Joint Venture are not barred by the
Central/ State Government or any entity controlled by it, from participating in any
project (EPC or otherwise), and that no bar subsists as on the date of Bid.
15. We further certify that we are qualified to submit a Bid in accordance with the guidelines
for qualification of bidders seeking to acquire stakes in Public Sector Enterprises
through the process of disinvestment issued by the GOI vide Department of
Disinvestment OM No. 6/4/2001-DD-II dated 13th July, 2001 which guidelines apply
mutatis mutandis to the Bidding Process. A copy of the aforesaid guidelines form part of
the RFP at Appendix-V thereof.
16. 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
provisions of this RFP, we shall intimate the Employer of the same immediately.
17. The Statement of Legal Capacity as per format provided at Annex-V in Appendix-IA of
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the RFP document, and duly signed, is enclosed. The power of attorney for signing of
bid and the power of attorney for Lead Member of Joint Venture, as per format provided
at Appendix II and III respectively of the RFP, are also enclosed.
18. We certify that the {Bidder} is an existing Company incorporated under the Indian
Companies Act, 1956.
19. We hereby irrevocably waive any right or remedy which we may have at any stage at
law or howsoever otherwise arising to challenge or question any decision taken by the
Employer in connection with the selection of Bidders, selection of the Bidder, or in
connection with the selection / Bidding Process itself, in respect of the above mentioned
Project and the terms and implementation thereof.
20. The documents accompanying the Technical BID, as specified in Clause 2.13.1 of the
RFP, have been submitted in separate files.
21. We offer a BID Security of Rs. 48,00,000/-(Rupees Forty Eight Lakh only) to the
Employer in accordance with the RFP Document.
23. We agree and undertake to abide by all the terms and conditions of the RFP document.
24. We certify that in terms of the RFP, our Net Worth is Rs……... (Rs. In words)
26. We agree and undertake to be jointly and severally liable for all the
28. We hereby submit our BID and offer a BID Price as indicated in Financial Bid for
undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.
29. We shall keep this offer valid for 90 (Ninety) days from the BID Due date specified in
the RFP.
In witness thereof, we submit this bid under and in accordance with the
terms of the RFP document.
Yours faithfully,
Place: (Signature, name and designation of the Authorised Signatory)
Date: Name and seal of the Bidder/ Lead Member
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APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.13.1,)
(To be submitted in Separate folder named Price Bid in PDF file)
Dated:
Sub: Financial BID for Design and Construction of 33 /11 kV power distribution works for
DMIC - Integrated Industrial Township, Greater Noida on EPC Basis
Dear Sir,
1. With reference to your RFP document dated *** **, I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our BID for the aforesaid Project.
The BID is unconditional and unqualified.
2. I/ We acknowledge that the Employer will be relying on the information provided in the BID
and the documents accompanying the BID for selection of the Contractor for the
aforesaid Project, and we certify that all information provided in the Bid are true and correct;
nothing has been omitted which renders such information misleading; and all documents
accompanying the BID are true copies of their respective originals.
3. The BID Price has been quoted by me/us after taking into consideration all the terms and
conditions stated in the RFP, draft Agreement, our own estimates of costs and after a careful
assessment of the site and all own the conditions that may affect the project cost and
implementation of the project.
4. I/ We acknowledge the right of the Employer to reject our BID without assigning any
reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a
Agreement in accordance with the draft that has been provided to me/us prior to the BID Due
Date. We agree not to seek any changes in the aforesaid draft and agree to abide by the same.
6. I / We shall keep this offer valid for 180 (one hundred and Eighty) days from the BID Due Date
specified in the RFP.
Yours faithfully,
Date:
Place (Signature, Name and designation of the Authorised Signatory )
Date
Name & seal of Bidder/Lead Mamber of Authorised Signatory
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Annex-I
Details of Bidder
1.
a) Name
b) Country of incorporation
c) Address of the corporate headquarters and its branch office(s), if any, in India:
d) Date of incorporation and/ or commencement of business
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d) The following information shall also be provided for each Member of the
Joint Venture:
Name of Bidder/ member of Joint Venture:
6. A statement by the Bidder and each of the Members of its Joint Venture
(where applicable) disclosing material non-performance or contractual non-
compliance in past projects, contractual disputes and litigation/ arbitration in
the recent past is given below (Attach extra sheets, if necessary)
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Appendix IA
Annex-II
Technical Capacity of the Bidder
(Refer to Clauses 3.2 of the RPF)
Payments received
for construction of
Eligible Projects
(5)
(1) (2) (3) (4)
Single A
entity Bidder
or Lead B
Member C
including
other D
members of E
the
Joint F
Provide details of only those projects that have been undertaken by the Applicant, or its Lead
member including members in case of joint venture, under its own name separately and/ or by a
project company eligible .
** Construction shall not include supply of goods or equipment except when such
goods or equipment form part of a turn-key construction contract/ EPC contract for the
project. In no case shall the cost of maintenance and repair, operation and land be
included while computing the Experience Score of an Eligible Project.
For conversion of US Dollar to Rupees, the rate of conversion shall be as per RBI notified
rate as under prevailing rate on 31st March of corresponding financial year. In case of any
other currency the same shall be converted to prevailing rate of US Dollar of the
corresponding year and amount so derived in US dollar shall be converted into Rupees ( as
per RBI notified rate as under prevailing rate on 31st March of corresponding year.)
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Annexure - A
Information required to evaluate the BID Capacity under clause 2.2.1
2024-25/2024
1
2023-24/2023
2
3 2022-23/2022
2021-22/2021
4
2020-21/2020
5
2. Maximum value of projects that have been undertaken during the F.Y……….out
of the last 5 years and value thereof is Rs. Crore
(Rupees).
For and behalf of ................................ Name of the Statutory Auditor's firm: Seal
of the audit firm: (Signature, name and
designation and Membership No. Of
authorised signatory)
(Name of the Applicant)
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Appendix IA –
Annex-III
Financial Capacity of the bidder
(Refer to clause 2.2.2(B),and 3.4 of the RFP)
Net
Bidder type Net Cash Accruals
Year Year Year Year Year Year
1 2 3 4 5 1
(2) (6)
(1) (3) (4) (5) (7)
Single entity
Bidder or Lead
Member including
other
members of the
Joint Venture
TOTAL
Instructions:
3. 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 losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet, but
does not include reserves created of revaluation of assets, write- back of depreciation
and amalgamation.
4. Year 1 will be the latest completed financial year, preceding the bidding.
Year 2 shall be the year immediately preceding Year and so on.
5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with Clause 2.2.5 (g) of the RFP document.
6. The Bidder shall also provide the name and address of the Bankers to the
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Bidder.
7. The Bidder shall provide an Auditor's Certificate specifying the net worth of
the Bidder and also specifying the methodology adopted for calculating
such net worth in accordance with Clause 2.2.4 (ii) of the RFP document.
ANNEX- III A
The information supplied should be the Annual Turnover of the Bidder or each member of a JV in
terms of the amounts billed to clients for each year for work in progress or completed, converted to
INR at the rate of exchange as per RBI notified rates as under Prevailing rate on 31st March of
corresponding year. The financial statement shall be audited and certified by Statutory Auditor.
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ANNEX- III B
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands (Minimum Rs 5.00 Crore ).
Credit Resources
1.
2.
3.
4.
5.
6.
7.
Note: The bidder should provide the dedicated Credit Certificate of Rs 5.0 Crores
from nationalized/ scheduled Bank/ Bankers for integrated Industrial Township
Project at Greater Noida
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Appendix IA
Annex-IV
Details of Eligible Projects
(Refer to Clauses 3.2 of the RFP)
Project Code: Entity: Self/Members:
Instructions:
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4. In case of projects, particulars such as name, address and contact details of owner/
Employer/ Agency shall be
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Based on its books of accounts and other published information authenticated by it,
{this is to certify that …………………….. (name of the Applicant) was engaged
by………….. (title of the project company) to execute………… (name of project)
for…………. (nature of project)}. The construction of the project commenced on……(date)
and the project was/ is likely to be commissioned on
…………… (date, if any). It is certified that Applicant received payments from its Clients for
Construction Works executed by them, in the aforesaid construction works. We further certify
that the total estimated Contract Value of the project is Rs. … cr. (Rupees……crore), of
which the Applicant received Rs. ……… cr. (Rupees …… crore), in terms of Clauses 3.2.1
and 3.2.4 of the RFP during the past five financial years as per year-wise details noted below:
………………………..
………………………
…..
It is further certified that the receipts indicated above are restricted to the share of
the Applicant who undertook these works as a partner or a member of joint
venture/consortium∞.
We further certify that applicant has a share of -------------------------% in the Joint Venture/
Consortium
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation of the authorised
signatory).
Date:
8. It may be noted that in the absence of any detail in the above certificates, the information
would be considered inadequate and could lead to exclusion of the relevant project in
computation of Experience Score
We further certify that applicant has a share of % in the Joint Venture/ Consortium.
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Seal of the audit firm: (Signature, name and designation of the authorised
signatory). Date:
9. It may be noted that in the absence of any detail in the above certificates, the information
would be considered inadequate and could lead to exclusion of the relevant project in
computation of Experience Score
his certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The
payments indicated in the certificate should be restricted to the share of Applicant in such partnership/
joint venture. This portion may be omitted if the contract did not involve a partnership/ joint venture.
In case where work is not executed by partnership/ joint venture, this paragraph may be deleted.
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Appendix IA
Annex-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Bidder/ Lead Member of Joint Venture)
Ref.
Date: To,
**********
*
***********
Dear Sir,
We hereby confirm that we/ our members in the Joint Venture (constitution of which has been
described in the application) satisfy the terms and conditions laid out in the RFP document.
We have agreed that …………………… (insert member’s name) will act as the Lead
Member of our Joint Venture.*
We have agreed that ………………….. (insert individual’s name) will act as our
representative/ will act as the representative of the Joint Venture on its behalf* and has been
duly authorized to submit the RFP. Further, the authorized signatory is vested with requisite
powers to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
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APPENDIX –II
Format for Power of Attorney for signing of
BID
(Refer Clause 2.2.5)
Know all men by these presents, we (name of the firm and address of the registered office)
do hereby irrevocably constitute, nominate, appoint and authorize Mr/ Ms (name),
son/daughter/wife of ........................... and presently residing at
................................. …, who is presently employed with us/ the Lead Member of our Joint
Venture and holding the position of………................................................. ……, as our true
and lawful attorney (hereinafter referred to as the "Attorney") to do in our name and on our
behalf, all such acts, deeds and things as are necessary or required in connection with or
incidental to submission of our BID for the ***** Project proposed or being developed by
the ***** (the "THE Employer") including but not limited to signing and submission of all
applications, BIDs and other documents and writings, participate in Pre-BID and other
conferences and providing information/ responses to the Employer, representing us in all
matters before the Employer, signing and execution of all contracts including the
agreement and undertakings consequent to acceptance of our BID, and generally dealing
with the Employer in all matters in connection with or relating to or arising out of our BID
for the said Project and/ or upon award thereof to us and/or until the entering into of the
EPC Agreement with the Employer. AND we hereby agree to ratify and confirm and do
hereby ratify and confirm all acts, deeds and things done or caused to be done by our said
Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and
that all acts, deeds and things done by our said Attorney in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us.
Witnesses: 1.
2. Accepted (Signature)
(Name, Title and Address of the Attorney) (Notarized)
Person identified by me/ personally appeared before me/
APPENDIX-III
Format for Power of Attorney for Lead Member of Joint Venture
(Refer Clause 2.2.5)
Whereas the ***** ("the Employer") has invited BIDs from eligible bidders for the *****
Project (the "Project").
Whereas, it is necessary for the Members of the Joint Venture to designate one of them as
the Lead Member with all necessary power and the Employer to do for and on behalf of the
Joint Venture, all acts, deeds and things as may be necessary in connection with the Joint
Venture's
BID for the Project and its
execution.
NOW THEREFORE KNOW ALL MEN BY THESE
PRESENTS
We, ...................................... having our registered office at
.................................., M/s ............................ having our registered
office at ......................... ,M/s.................................... having our
registered office at .............................................. , and ...................................
having our registered office at ................................................ , (hereinafter
collectively referred to as the "Principals") do hereby irrevocably designate, nominate,
constitute, appoint and authorize M/S ............................................ having its registered
office at ................................... , being one of the Members of the Joint Venture, as the Lead
Member and true and lawful attorney of the Joint Venture (hereinafter referred to as the
"Attorney"). We hereby irrevocably authorized the Attorney (with power to sub-
delegate) to conduct all business for and on behalf of the Joint Venture and any one of
us during the bidding process and, in the event the Joint Venture is awarded the contract,
during the execution of the Project and in this regard, to do on our behalf and on behalf of
the Joint Venture, all or any of such acts, deeds or things as are necessary or required or
incidental to the pre- qualification of the Joint Venture and submission of its BID for the
Project, including but not limited to signing and submission of all applications, BIDs and
other documents and writings, participate in pre BID and other conferences, respond to
queries, submit information/documents, sign and execute contracts and undertakings
consequent to acceptance of the BID of the Joint Venture and generally to represent the
Joint Venture in all its dealings with the Employer, and/ or any other Government
Agency or any person, in all matters in connection with or relating to or arising out of the
Joint Venture's BID for the in all
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respect Project and/ or upon award thereof till the EPC Agreement is entered into with the
Employer & Compelled. AND hereby agree to ratify and confirm and do hereby ratify and
confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant
to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Attorney in exercise of the powers hereby conferred shall and
shall always be deemed to have been done by us/ Joint Venture.
witnesses
1.
2.
(Executants)
Venture) Notes:
• Also, wherever required, the Bidder should submit for verification the extract of
the charter documents and documents such as a board or shareholders'
resolution/power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Bidder.
• For a Power of Attorney executed and issued overseas, the document will also
have to be legalized by the Indian Embassy and notarized in the jurisdiction
where the Power of Attorney is being issued. However, the Power of Attorney
provided by Bidders from countries that have signed the Hague Legislation
Convention 1961 are not required to be legalized by the Indian Embassy if it
carries a conforming Apostille certificate.
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APPENDIX IV
AMONGST
AND
AND
4. The above mentioned parties of the FIRST, {SECOND and THIRD} PART are
collectively referred to as the "Parties" and each is individually referred to as a
"Party"
WHEREAS,
(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the RF Q cu m
RFP document and other bid
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2. Joint Venture
The Parties hereby undertake to participate in the Bidding Process only through
this Joint Venture and not individually and/ or through any other Joint Venture
constituted for this Project, either directly or indirectly.
3. Covenants
The Parties hereby undertake that in the event the Joint Venture is declared the
selected Bidder and awarded the Project, it shall enter into an EPC Agreement
with the Employer for performing all its obligations as the Contractor in terms of
the EPC Agreement for the Project.
The Parties hereby undertake to perform the roles and responsibilities as described
below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and
shall have the power of attorney from all Parties for conducting all
business for and on behalf of the Joint Venture during the Bidding
Process and until the Appointed Date under the EPC Agreement;
(b) Party of the Second Part shall be {the Member of the Joint Venture;
and}
(c) {Party of the Third Part shall be the Member of the Joint Venture.}
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responsible for all obligations and liabilities relating to the Project and in
accordance with the terms of the RFP, and the EPC Agreement , till such time as
the completion of t h e Defects Liability Period in accordance with the EPC
Agreement.
The Parties do hereby undertake and declare that the Lead Member shall
represent all the members of the Joint Venture and shall at all times be liable and
responsible for discharging the functions and obligations of the Joint Venture;
and that each member of the joint Venture shall be bound by any decision,
communication, notice, action or inaction of the Lead Member on any matter
related to this Agreement and the Employer shall be entitled to rely upon any
such action, decision or communication of the Lead Member. The Employer shall
have the right to release payments solely to the Lead Member and shall not in
any manner be responsible or liable for the inter se allocation of payments among
members of the Joint Venture.
The Parties agree that the proportion of construction in the EPC Agreement
to be allocated among the members shall be as follows:
First Party:
Second Party:
{Third Party:}
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(vi) this Agreement is the legal and binding obligation of such Party,
enforceable in accordance with its terms against it; and
8. Termination
This Agreement shall be effective from the date hereof and shall continue in full
force and effect until Project completion (the "Defects Liability Period") is
achieved under and in accordance with the EPC Agreement, in case the Project is
awarded to the Joint Venture. However, in case the Joint Venture does not get
selected for award of the Project, the Agreement will stand terminated in case the
Bidder is not selected or upon return of the Bid Security by the Employer to the
Bidder, as the case may be.
9. Miscellaneous
9.1 The Parties acknowledge and accept that this Agreement shall not be
amended by the Parties without the prior written consent of the Employer.
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(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
and on behalf of
THIRD PART
Notes:
2. Each Joint Bidding Agreement should attach a copy of the extract of the
charter documents and documents such as resolution / power of attorney in
favour of the person executing this Agreement for the delegation of power
and authority to execute this Agreement on behalf of the Joint Venture
Member.
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APPENDIX -V
Guidelines of the Department of Disinvestment
(Refer C/ausel.2.l)
No. 6/4/2001-DD-II
Government of India Department of Disinvestment
Block 14, CGO Complex, New Delhi. Dated 13th July, 2001
OFFICE
MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment Government has examined the issue of
framing comprehensive and transparent guidelines defining the criteria for bidders
interested in PSE- disinvestment so that the parties selected through competitive bidding
could inspire public confidence. Earlier, criteria like net worth, experience etc. used to
be prescribed. Based on experience and in consultation with concerned departments,
Government has decided to prescribe the following additional criteria for the
qualification/ disqualification of the parties seeking to acquire stakes in public sector
enterprises through disinvestment:
(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory authority
that casts a doubt on the ability of the bidder to manage the public sector unit when it
is disinvested, or which relates to a grave offence would constitute
disqualification. Grave offence is defined to be of such a nature that it outrages the
moral sense of the community. The decision in regard to the nature of the offence
would be taken on case to case basis after considering the facts of the case and
relevant legal principles, by the Government of India.
(b) In regard to matters relating to the security and integrity of the country, any charge-
sheet by an agency of the Government/ conviction by a Court of Law for an offence
committed by the bidding party or by any sister concern of the bidding party would
result in disqualification. The decision in regard to the relationship between the
sister concern would be taken, based on the relevant facts and after examining
whether the two concerns are substantially controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that Government
deems appropriate.
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(d) Any entity, which is disqualified from participating in the disinvestment process,
would not be allowed to remain associated with it or get associated merely because it
has preferred an appeal against the order based on which it has been disqualified.
The mere pendency of appeal will have no effect on the disqualification.
(e) The disqualification criteria would come into effect immediately and would apply to
all bidders for various disinvestment transactions, which have not been completed as
yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to explain its
position.
Sd/-
(A.K. Tewari) Under Secretary to the
Government of India)
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APPENDIX -VI
Manpower Requirements
Personnel
The Bidder must demonstrate that it has the personnel for the key positions that
meet the following requirements. Key personnel should have experience in similar
type of work i.e in 33/11kV power sub-station, 33 & 11kV power distribution,
SCADA and AMI_ Advanced metering infrastructure, smart meters etc.
The Bidder shall provide details of the proposed personnel and their
experience records in the relevant Information Forms attached below.
The Bidder shall provide CV’s of Key personnel with self-certification by the
individual about his availability for this particular project
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Personal
Bidders should provide the names of suitably qualified personnel to meet the requirements for
execution of the project. The data on their experience should be supplied using the Form
below for each candidate.
Title of position*
1. Name
Title of position*
2. Name
Title of position*
3. Name
Title of position*
4. Name
Position
Personnel Name Date of birth
informatio Professional qualifications
n
Name of employer
Address of employer
Present
Telephone Contact (manager / personnel officer)
employmen
t Fax E-mail
Job title Years with present employer
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APPENDIX -VII
Equipment Requirements
Equipment
14 5 kV Megger 1
16 PI meter 1
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The Bidder shall provide a test room /lab with all necessary instruments and labour for
testing at site.
The Bidder shall provide further details of proposed items of equipment using the
Form attached below.
List of Bidder’s Equipment and availability for this particular project shall be provided
along with self certification by the Bidder.
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Equipment Capabilities
The Bidder shall provide adequate information to demonstrate clearly that it has the capability
to meet the requirements for each and all items of equipment. A separate Form shall be
prepared for each item of equipment or for additional equipment proposed by the Bidder.
Item of equipment
State name of owner and the contact details, address and agreement details for equipment.
9. Address of owner
Fax E-Mail
Provide an overall summary and use separate sheets to describpe each major equipment / item.
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APPENDIX-VIII
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APPENDIX-IX
Seal of the
Bank Date
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SAPPENDIX-X
PROFORMA FOR DECLARATION ON NCLT / NCLAT / DRT / DRAT / COURT RECEIVERSHIP /
LIQUIDATION
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