Tender CS31: Independent Checking of Control Table of Train Control & Signalling System of Phase-III. SUMMARY SHEET ADDENDUM-1 S. No Tender Document Page No. Clause No. / Item No. Addendum / Corrigendum Remarks 1. NIT 3 & 4 Clause 1.1.3.1 v(a), v(b) & v(d) Eligible Applicants Clauses are revised Page 3 & 4 are replaced with Page 3R & 4R respectively. 2. ITT 8 to 12 Appendix - 2 & 3 Revised Formats Pages 8 to 12 are replaced with Pages 8R to 12R respectively. 3. FOT 13 & 14 Appendix - 9 & 10 Revised Formats Page 13 & 14 are replaced with Page 13R & 14R respectively.
1.1.3 QUALIFICATION CRITERIA : 1.1.3.1 Eligible Applicants : i. The tenders for this contract will be considered only from those tenderers (proprietorship firms, partnerships firms, companies, corporations, consortia or joint ventures) who meet requisite eligibility criteria prescribed in the subclauses of Clause 1.1.3 of NIT. In the case of a JV or Consortium, all members of the Group shall be jointly and severally liable for the performance of whole contract. ii. A tenderer shall submit only one bid in the same tendering process, either individually as a tenderer or as a partner of a JV. A tenderer who submits or participates in more than one bid will cause all of the proposals in which the tenderer has participated to be disqualified. No tenderer can be a subcontractor while submitting a bid individually or as a partner of a JV in the same bidding process. iii. Tenderers shall not have a conflict of interest. All Tenderers found to have a conflict of interest shall be disqualified. Tenderers shall be considered to have a conflict of interest with one or more parties in this bidding process, if: (a) a tenderer has been engaged by the Employer to provide consulting services for the preparation related to the project; (b) a tenderer is any associates/affiliates (inclusive of parent firms) mentioned in subparagraph (a) above; or (c) a tenderer lends, or temporarily seconds its personnel to firms or organisations which are engaged in consulting services for the preparation related to the project, if the personnel would be involved in any capacity on the same project. iv. A firm, who has purchased the tender document in their name, can submit the tender either as individual firm or in joint venture/consortium. However, the lead partner in case of JV shall be one who has experience of similar works as defined in clause 1.1.3.2 A of NIT. v(a) DMRC/ any Central / State government department / public sector undertaking / other government entity or local body other Metro Organisation (100% owned by Govt.) / Ministry of Housing & Urban Affairs / Order of Ministry of Commerce, applicable for all Ministries must not have banned business with the tenderer (including any member in case of JV/consortium) as on the date of tender submission. The tenderer should submit undertaking to this effect in Appendix-9 of Form of Tender. v(b) Also no contract of the tenderer of the value more than 10% of NIT cost of work, executed either individually or in a JV/Consortium, should have been rescinded /terminated by DMRC/ any Central or State Govt. Department / Public Sector Undertaking / Other Govt. entity or local body other Metro Organisation (100% owned by Govt.) after award DMRC/CS31/Vol-1/NIT Page 3R
during last 03 years (from the last day of the previous month of tender submission) due to non-performance of the tenderer or any of JV/Consortium members. The tenderer should submit undertaking to this effect in Appendix-9 of Form of Tender. v(c) Not used. v(d). Tenderer (including any member in case of JV/consortium) for the works awarded by DMRC / any other Metro Organisation (100% owned by Govt.) must have been neither penalised with liquidated damages of 10% (or more) of the contract value due to delay nor imposed with penalty of 10% (or more) of the contract value due to any other reason in any Contract of value more than 10% of NIT cost of work, during last three years. The tenderer should submit undertaking to this effect in Appendix- 10 of Form of Tender. v(e). If the tenderer or any of the constituent substantial member(s) of JV/Consortium does not meet the criteria stated in the Appendix 9 or Appendix 10, the tenderer including the constituent substantial member(s) of JV/Consortium shall be considered ineligible for participation in tender process and they shall be considered ineligible applicants in terms Clause 1.1.3.1 of NIT. v(f). If there is any misrepresentation of facts with regards to undertaking submitted vide Appendix-9, or undertaking submitted vide Appendix-10, the same will be considered as fraudulent practice and the tenderers will be rejected besides taking further action. vi. Tenderer (any member in case of JV/consortium) must not have suffered bankruptcy/ insolvency during the last 5 years. The tenderer should submit undertaking to this effect in Appendix-11 of Form of Tender. vii. LEAD PARTNER/ NON SUBSTANTIAL PARTNERS/ CHANGE IN JV/ CONSORTIUM a. Lead partner must have a minimum of 26% participation in the JV/Consortium. b. Partners having less than 26% participation will be termed as nonsubstantial partner and will not be considered for evaluation which means that their financial soundness and work experience shall not be considered for evaluation of JV/Consortium. c. In case of JV/Consortium, change in constitution or percentage participation shall not be permitted at any stage after their submission of application otherwise the applicant shall be treated as nonresponsive. d. The tenderer, in case of JV/Consortium, shall clearly and unambiguously define the role and responsibilities for each substantial/non-substantial partner in the JV agreement / MOU submitted vide foot note (d) of Appendix 3 of Form of Tender, providing clearly that any abrogation/subsequent re-assignment of any responsibility by any substantive/non-substantive partner of JV/Consortium in favour of other JV/Consortium partner or any change in constitution of partners of JV/Consortium (without written approval of DMRC/CS31/Vol-1/NIT Page 4R
Appendix- 2 FORM OF PERFORMANCE SECURITY (GUARANTEE) BY BANK To: DELHI METRO RAIL CORPORATION, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi - 110001. WHEREAS ---------------- (Name and address of the Contractor) (hereinafter called the Contractor ) has undertaken, in pursuance of Contract No. to design, execute and complete and remedy any defects in the Works of the Design, Manufacture, Supply, Installation, Testing and Commissioning of Train Control & Signalling system Contract of MASS RAPID TRANSPORT SYSTEM - PHASE THREE (hereinafter called the Contract ) 3 AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee from a Scheduled Commercial Bank based in India for the sum specified herein as security for compliance with his obligations in accordance with the Contract. AND WHEREAS we (Insert name and address of Bank) have agreed to give the Contractor such a Bank Guarantee: NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor up to a total of ------------------- (amount of Guarantee)--------------------- (in words), such sum being payable in the types and proportion of currencies in which the Contract Price is payable and we hereby unconditionally, irrevocably and without demur undertake to immediately pay you, upon your first written demand and without cavil or argument any sum or sums within the limits of ------------ (amount of guarantee) as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the contract or of the Works to be performed thereunder or of any of the contract documents which may be made between you and the Contractor shall in any way release us from any liability under the guarantee and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid for six months beyond the Contract Period. The pendency of any dispute or arbitration or other proceedings shall not affect this guarantee in any manner. SIGNATURE AND SEAL OF THE GUARANTOR ---------------------------------------------------------------- NAME OF BANK ----------------------------------------- ADDRESS -------------------------------------------------- DATE ------------------------------------------------------- Notes: 1. The stamp papers of appropriate value shall be purchased in the name of the Bank, who issue the Bank Guarantee 8R
APPENDIX-3 FORM OF CONTRACT AGREEMENT This Contract is made at Delhi on.. day of by and between: (1) Delhi Metro Rail Corporation Limited, represented by the Managing Director, with office located at Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi 110001, hereinafter referred to as the DMRC or the Employer, as the case may be, of the one part, and; (2)..... [Note 1] comprising: a)..., a company registered and existing under the laws of..., with head office located at..., represented by Mr.... and Mr.... authorised to sign and bind the company, under the Power of Attorney dated... and the Board Resolution dated... [Note 5] b)..., a company registered and existing under the laws of..., with head office located at... represented by Mr.... and Mr.... authorised to sign and bind the company, under the Power of Attorney dated... and the Board Resolution dated... [Note 5] [Note 2] who shall be jointly and severally liable for the undertaking of this Contract; hereinafter [Note 3] collectively referred to as the Contractor of the other part. WHEREAS the Contractor has established a...[note 4] in accordance with Indian law and offered a tender for the design and construction of a rail based mass rapid transport system by procuring the design, execution and completion, and remedying any defects in the Works of the design, manufacture, supply, installation and commissioning of Train Control & Signalling system including training of operation and maintenance personnel, supervision of maintenance of Train Control & Signalling system, supply of spares, and Operation and Maintenance Manuals and agrees to undertake performance of work under the terms and conditions set forth in this Contract. Both parties hereby agree as follows: Clause 1 DMRC agrees to hire and the Contractor agrees to be hired to implement the (name of project) Project under the terms and conditions specified in this Contract Agreement and the other Contract Documents attached hereto as follows: Letter of Acceptance Scope of Works The Tender Terms & Conditions of Contract Contractor s Proposal Any other documents forming part of the Contract 9R
All of the foregoing documents, together with this Contract Agreement, are referred to herein as the Contract Documents. Also incorporated into these Contract Documents, and made part hereof, are all codes, standard specifications, and similar requirements that are referred to therein. In the event of a conflict, ambiguity or discrepancy between the contents of the Contract Documents, the order of precedence shall be according to the Terms & Conditions of Contract. Clause 2 Obligation of the Contractor: The Contractor agrees, subject to the terms and conditions of the Contract Documents, to perform efficiently and faithfully all of the work and to independent checking of control table of Train Control & Signalling system of Phase-III and other facilities requisite for or incidental to the successful completion of the Works and in carrying out all duties and obligations imposed by the Contract Documents. Clause 3 Obligation of the Employer: The Employer agrees, subject to the terms and conditions of the Contract Documents, to pay the Contractor the amount specified, and at the rates and terms and in the manner set forth in the Contract Documents. Clause 4 Value of Work and Completion Time: The Employer agrees to pay for the total cost of the Works and the Contractor agrees to accept the sums mentioned below in the following currencies, to be the total cost for the Work carried out by him as part of his obligations, responsibilities and liabilities under and according to the provisions and obligations imposed on him by the Contract. Fixed Lump Sum Price (i) Rupees... (... Rs); and (ii) in the foreign currency of:.. (..); subject to adjustment in accordance with the provisions of contract document. The above amounts include all taxes, royalties, duties, fees, cess, octroi, other levies etc. and any tax to be deducted at source The Contractor shall complete the Works within... (...) weeks from the date stipulated in the Notice to Proceed, issued by the Employer. Clause 5 Notices : All notices called for by the terms of the Contract Documents shall be in writing in the English language and shall be delivered by hand or by registered mail, acknowledgement due, to the parties addresses given below. All notices shall be deemed to be duly made when received by the party to whom it is addressed at the following addresses or such other addresses as such party may subsequently notify to the other: Employer Delhi Metro Rail Corporation Limited, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi 110001, India. Contractor...... Clause 6 Option: Not Used 10R
Clause 7 Integration The Employer and the Contractor agree that this Contract Agreement, together with the other Contract Documents, expresses all of the agreements, understandings, promises, and covenants of the parties, and that integrates, combines, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, whether written or oral and that no modification or alteration of the Contract Documents shall be valid or binding on either party, unless expressed in writing and executed with the same formality as this Contract Agreement, except as may otherwise be specifically provided in the Contract Documents. Clause 8 Governing Law This Contract is enforceable and construed under the laws of the Republic of India. Clause 9 Language This Contract Agreement and the other Contract Documents are made in the English language. Clause 10 Special Provisions This Contract is made in two copies with identical wording. Both parties having thoroughly read and understood the contents hereof sign their names and affix the seal (if any) in the presence of witness and each shall retain one copy. DMRC, The Employer Delhi Metro Rail Corporation Limited [Note 6]..., The Contractor (a).......... (b).. WITNESS..... WITNESS Notes: (for preparation of but not for inclusion in the engrossment of the Contract Agreement) 1 If the Contractor comprises a partnership, consortium or joint venture, liability will be joint and several, and each member thereof must be identified. 11R
2. In the case that the Contractor comprises a single company, this line should be deleted entirely, as also should be paragraphs (b) and (c) above. 3. In the case that the Contractor comprises a single company, the word collectively should be deleted from this line. 4. Enter the appropriate nature of the Contractor; company, partnership, consortium or joint venture as the case may be. 5. Enter the date of the appropriate resolution. 6. If the Contractor comprises a partnership, consortium or joint venture, each member thereof must execute. 12R
FORM OF TENDER- Appendix- 9 (Undertaking as per clause 1.1.3.1 v (a) & (b) of NIT) We do hereby undertake that DMRC/ any Central / State government department / public sector undertaking / other government entity or local body other Metro Organisation (100% owned by Govt.) / Ministry of Housing & Urban Affairs / Order of Ministry of Commerce, applicable for all Ministries has not banned business with us as on the date of tender submission. Also any work of the value more than 10% of NIT cost of work, executed either individually or in a JV/Consortium, has not been rescinded / terminated by DMRC / any Central or State Govt. Department / Public Sector Undertaking / Other Govt. entity or local body other Metro Organisation (100% owned by Govt.), after award of contract to us during last 3 years (from the last day of the previous month of tender submission) due to our non-performance. STAMP & SIGNATURE OF AUTHORISED SIGNATORY Note : 1. In case of JV/Consortium, the undertaking shall be submitted by each member of the JV/Consortium. 2. The undertaking shall be signed by authorized signatory of the tenderer. In case of JV/Consortium by the authorized signatory of the constituent members counter signed by the authorized signatory of tenderer.. DMRC/CS31/Vol.1/Form of Tender (FOT) Page 13R
FORM OF TENDER- Appendix- 10 (Undertaking as per clause 1.1.3.1 v(d) of NIT) (UNDERTAKING FOR NOT BEING PENALISED IN A CONTRACT) We do hereby undertake that we have been neither penalized with liquidated damages of 10% (or more) of the contract value in a contract due to delay nor imposed with penalty of 10% (or more) of the contract value due to any other reason in any contractworks awarded by DMRC / any other Metro Organisation (100% owned by Govt.) contract of value more than 10% of NIT cost of work executed either individually or in a JV/Consortium during last three years (from the last day of the previous month of tender submission). STAMP & SIGNATURE OF AUTHORISED SIGNATORY Note : 1. In case of JV/Consortium, the undertaking shall be submitted by each member of the JV/Consortium. 2. The undertaking shall be signed by authorized signatory of the tenderer. In case of JV/Consortium by the authorized signatory of the constituent members counter signed by the authorized signatory of tenderer. DMRC/CS31/Vol.1/Form of Tender (FOT) Page 14R