Section 2 BDS

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Section 2 - Bid Data Sheet 2-1

Section 2: Bid Data Sheet

This Section consists of provisions that are specific to each procurement and supplement the
information or requirements included in Section 1 (Instructions to Bidders).

A. General

ITB 1.1 The number of the Invitation for Bids (IFB) is DM/CN/COR-OF/119 and
DM/CN/COR-OF/120

ITB 1.1 The Employer is: National Capital Region Transport Corporation
Limited.

ITB 1.1 The name of the open competitive bidding (OCB) is:

Package 12B: Design, Fabrication, Supply and Erection of Pre–Engineered


Steel Roof Structure of 12 (Twelve) Elevated stations viz Partapur, Rithani,
Brahampuri, Shatabdi Nagar, Murad Nagar, Modi Nagar South, Modi Nagar
North, Meerut South, MES Colony, Daurli, Meerut North and Modipuram
Stations of Delhi – Ghaziabad –Meerut RRTS Corridor.
IN TWO LOTS
LOT-1
(i)DM/CN/COR-OF/119 Lot-P12B L1: - Design, Fabrication, Supply and
Erection of Pre–Engineered Steel Roof Structure of 6 (Six) Elevated
stations viz Murad Nagar, Modi Nagar South, Modi Nagar North, Meerut South,
MES Colony and Daurli Stations of Delhi – Ghaziabad –Meerut RRTS Corridor.
and
LoT-2
(ii)DM/CN/COR-OF/120 Lot-P12B L2: - Design, Fabrication, Supply and
Erection of Pre–Engineered Steel Roof Structure for 6 (Six) Elevated
stations viz Partapur, Rithani, Shatabdi Nagar, Brahmpuri, Meerut North and
Modipuram of Delhi – Ghaziabad – Meerut RRTS Corridor.
The identification number of the OCB is:

The number and identification of lots comprising this OCB is: Two

DM/CN/COR-OF/119 & 120 NCRTC


Section 2 - Bid Data Sheet 2-2

ITB 1.3 Add ITB 1.3

Instructions of using e-procurement portal for Bid Searching,


Preparation and Submission:
The Bidders are required to submit soft copies of their bids electronically on the e-
procurement procure portal of NIC https://etenders.gov.in/eprocure/app, using
valid Digital Signature Certificates. The instructions given below are meant to
assist the bidders in registering on the e-Procurement Portal, prepare their bids in
accordance with the requirements and submitting their bids online on the e-
procurement Portal.
More information useful for submitting online bids on the Portal may be obtained
on the same portal of NIC.
1) Bidders are required to enroll on the above mentioned e-Procurement portal
by clicking on the link “Online bidder Enrollment” on the Portal which is free
of charge.
2) As part of the enrolment process, the bidders will be required to choose a
unique username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers
as part of the registration process. These would be used for any
communication from the e-procurement Portal.
4) Upon enrolment, the Bidders will be required to register their valid Digital
Signature Certificate (DSC) (Class III Certificates with signing key usage)
issued by any Certifying Authority recognized by CCA India (e.g. Sify /nCode
/ eMudhra etc.), with their profile.
5) Only one valid DSC should be registered by a Bidder. Please note that the
bidders are responsible to ensure that they do not lend their DSC’s to others
which may lead to misuse.
6) Bidder then logs in to the site through the secured log-in by entering their
user ID / password and the password of the DSC / e-Token.
SEARCHING FOR BID DOCUMENTS

1) There are various search options built in the e-Procurement Portal, to


facilitate bidders to search active bids by several parameters. These
parameters could include Bid ID, Organization Name, Location, Date, Value,
etc. There is also an option of advanced search for bids, wherein the bidders
may combine a number of search parameters such as Organization Name,
Form of Contract, Location, Date, Other keywords etc. to search for a bid
published on the e-procurement Portal.
2) Once the bidders have selected the bids they are interested in, they may
download the required documents / bid schedules. These bids can be moved
to the respective ‘My Bids’ folder. This would enable the e-procurement
Portal to intimate the bidders through SMS / e-mail in case there is any
corrigendum issued to the bid document.
3) The bidder should make a note of the unique Bid ID assigned to each bid, in
case they want to obtain any clarification / help from the Helpdesk.

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Section 2 - Bid Data Sheet 2-3

PREPARATION OF BIDS
1) Bidder should take into account any corrigendum/addendum published on
the Bid Document before submitting their Bids.
2) Please go through the IFB and the bid document carefully to understand the
documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the
number of documents - including the names and content of each of the
document that need to be submitted. Any deviations from these may lead to
rejection of the bid.
3) Bidder, in advance, should get ready the Bid Documents to be uploaded as
indicated in the Bid Document / schedule and generally, they can be in PDF
/ XLS / RAR / DWF/JPG formats. Bid documents may be scanned with 100
dpi with black and white option which helps in reducing size of the scanned
document.
4) To avoid the time and effort required in uploading the same set of standard
documents which are required to be uploaded as a part of every bid, a
provision of uploading such standard documents (e.g. PAN card copy,
annual reports, auditor certificates etc.) has been provided to the bidders.
Bidders can use “My Space” or ‘’Other Important Documents’’ area available
to them to upload such documents. These documents may be directly
submitted from the “My Space” area while submitting a bid and need not be
uploaded again and again. This will lead to a reduction in the time required
for bid submission process.
Note: My Documents space is only a repository given to the Bidders
to ease the uploading process. If Bidder has uploaded his Documents
in My Documents space, this does not automatically ensure these
Documents being part of e-Technical Bid.

SUBMISSION OF BIDS
1) Bidder should log into the web site well in advance for bid submission so that
they can upload the bid in time i.e. on or before the bid submission time.
Bidder will be responsible for any delay due to other issues.
2) The Digital signature (DSC) used for uploading of the bid submission should
be in the name of the person to whom the power of attorney (POA) have been
issued.
3) The bidder has to digitally sign and upload the required bid documents one by
one as indicated in the bid document.
4) Bid processing fee by e-Procurement portal is NIL.
5) Bid Security: Bidder should submit the Bid Security as per the instructions
specified in clause 19 of ITB of the bid document.
6) Bidders are requested to note that they should necessarily submit their
financial bids in the format provided and no other format is acceptable. If the
Financial Bid has been given as a standard BOQ format with the bid
document, then the same is to be downloaded and to be filled by all the
bidders. Bidders are required to download the BOQ file, open it and complete
the unprotected cells with their respective financial quotes and other details
(such as name of the bidder). No other cells should be changed. Once the
details have been completed, the bidder should save it and submit it online,
without changing the file name. If the BOQ file is found to be modified by the
bidder, the bid shall be rejected.
DM/CN/COR-OF/119 & 120 NCRTC
Section 2 - Bid Data Sheet 2-4

(Note: - Financial Bid and Price Bid are synonymous where ever
mentioned in the Bid Documents)
7) The server time (which is displayed on the bidders’ dashboard) will be
considered as the standard time for referencing the deadlines for submission
of the bids by the bidders, opening of bids etc. The bidders should follow this
time during bid submission.
8) All the documents being uploaded by the bidders would be encrypted using
PKI encryption techniques to ensure the secrecy of the data. The data entered
cannot be viewed by unauthorized persons until the time of bid opening. The
confidentiality of the bids is maintained using the secured Socket Layer 128-bit
encryption technology. Data storage encryption of sensitive fields is done. Any
bid document that is uploaded to the server is subjected to symmetric
encryption using a system generated symmetric key. Further this key is
subjected to asymmetric encryption using buyers/bid openers public keys.
Overall, the uploaded bid documents become readable only after the bid
opening by the authorized bid openers.

9) The uploaded bid documents become readable only after the bid opening by
the authorized bid openers.

10) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze
Bid Submission” in the portal), the portal will give a successful bid submission
message & a bid summary will be displayed with the bid no. and the date &
time of submission of the bid with all other relevant details.

11) The bid summary has to be printed and kept as an acknowledgement of the
submission of the bid. This acknowledgement may be used as an entry pass for
any bid opening meetings.

ASSISTANCE TO BIDDERS

1) Any queries relating to the bid document and the terms and conditions
contained therein should be addressed to the Bid Inviting Authority for a
bid or the relevant contact person indicated in the bid.
Any queries relating to the process of online bid submission or queries
relating to e-procurement Portal in general may be directed to the 24x7 e-
procurement Portal (CPP) Helpdesk.

For any Technical queries related to Operation of the Central Public


Procurement Portal Contact at:

Tel: The 24 x 7 Telephonic Help Desk Number 0120-4200462, 0120-


4001002, 0120-4001005, 0120-6277787.
E-Mail: cppp-nic[at]nic[dot]in, support-eproc[at]nic[dot]in

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Section 2 - Bid Data Sheet 2-5

ITB 2.1 The Borrower is: INDIA

ITB 2.1 The name of the Project is: Delhi – Meerut Regional Rapid Transit System Project.

The Borrower is: INDIA

The Borrower has applied for financing from the Asian Development Bank (ADB)
and the Asian Infrastructure Investment bank (AIIB) and has sought to apply the
Joint Co-financing mechanism in accordance with the co-financing framework
agreement between ADB and AIIB. Accordingly, the procurement of Works under
this Bidding is being done following ADB’s Procurement Policies with the Blanket
Waver of Member Country Procurement Eligibility Restrictions.

Add the following:


ITB 2.2
Disbursement by AIIB will only be made at the request of the Borrower, following,
and subject in all respects to, the terms and conditions of the Financing
Agreement between the Borrower and AIIB.

DM/CN/COR-OF/119 & 120 NCRTC


Section 2 - Bid Data Sheet 2-6

ITB 4.1 Replace ITB 4.1 as follows

4.1 A Bidder may be a natural person, private entity, or government-owned


enterprise subject to ITB 4.5—or any combination of them with a formal intent
to enter into an agreement or under an existing agreement in the form of a
Joint Venture. There is no obligatory requirement to incorporate JV.

Throughout the bidding documents, including under Section 1, Section 2,


Section 3, and Section 4, the expressions “Joint Venture” or “JV” means a
joint venture, association, consortium or other unincorporated grouping of
two or more persons, whether in the form of a partnership or otherwise.
Similarly, in the context of Joint Venture, throughout the bidding
documents, the word “leader”, as stipulated under the General Conditions
of Contract Sub-Clause 1.14, is synonymous with the word “Representative”
and with the words “lead partner” and with “Lead Partner”; the word
“member” is synonymous with the word “partner” and with “Partner”; and
the word “members” is synonymous with “partners” and with “Partners”.
(a) In case of Single Entity:
(i.) Submit Power of Attorney (As per Form ELI-4) authorizing the signatory
of the bid to commit the bidder.

(ii). Bidder shall also furnish Form ELI-1, ELI-2 and documents required
therein with their technical submission.

(b) In the case of a Joint Venture,

(i) all partners shall be jointly and severally liable; and

(ii) the Joint Venture shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and all the
parties of the Joint Venture during the bidding process and, in the event
the Joint Venture is awarded the Contract, during contract execution.

(iii) Submit Form ELI-3 and Form ELI-2, ELI-5, ELI-6 given in Section 4:
Bidding Forms, with their technical bid submission.
(iv) Submit Power of Attorney by individual partners to the Lead Partner
as per the form given in Section 4.
(v) In case a Joint Venture is the successful bidder, the detailed Joint
Venture Agreement as per format stipulated in Section 9, Contract
Forms shall be entered by the Joint Venture partners. The duly signed
Joint Venture Agreement should be submitted prior to signing of the
Contract Agreement.

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Section 2 - Bid Data Sheet 2-7

ITB 4.2 Add the following after the last sentence of Clause 4.2

In the event that the Contract is awarded to a foreign Bidder, such foreign Bidder
shall be required to set up a project office in India in accordance with Applicable
Laws in India, and shall be required to submit a proof of having opened a project
office in India along with statutory approvals, if any, prior to submitting any
interim payment certificate in accordance with the Contract, failing which no
payment shall be made to the Contractor by the Employer (in accordance with the
Contract) until such requirement has been complied with by the foreign
Contractor. The aforesaid condition of establishing a project office in India shall
not be applicable in case the selected Bidder is a joint venture between an Indian
entity and a foreign entity where Indian partner is lead member. Foreign Bidder
will be those Bidders whose Country of Incorporation is other than INDIA.

B. Contents of Bidding Documents

Replace ITB 6.3 with the following:


ITB 6.3
6.3 The Employer is not responsible for the completeness of the Bidding
Document and their addenda, if they were not obtained directly from the
source stated by the Employer in the IFB. The complete bid document can be
viewed / downloaded by the Bidder from e-procurement portal of NIC
https://etenders.gov.in/eprocure/app or can be viewed at official website of
NCRTC www.ncrtc.in as mentioned in critical date sheet in the IFB.

ITB 7.1 Replace ITB 7.1 with the following:

For clarification purposes the Employer’s contact is through the e-


bidding portal https://etenders.gov.in/eprocure/app

Clarifications sought by the prospective Bidders and response thereto will be


uploaded on the e-bidding portal without identifying the source.

The deadline for online submission of clarification sought by the prospective


bidder shall not be later than 21 days (up to 18.00 Hrs. IST) prior to the
deadline for submission of bids.

The Employer will respond to any request for clarification at least 10 days
prior to the deadline for submission of bids through e-bidding portal only.

ITB 7.4 Pre-bid Meeting:

The prospective Bidder’s designated representatives are invited at the


Bidder’s cost to attend a pre-bid meeting:

Date: 08.09.2020 Time:1100 hours IST

DM/CN/COR-OF/119 & 120 NCRTC


Section 2 - Bid Data Sheet 2-8

Venue*:

* Pre-Bid meeting shall be conducted on 08 September 2020 at 11:00


Hrs. (IST) through Video Conferencing (VC).
Prospective Bidders who wish to join the Video Conferencing shall
send a request email on the Official email Id of Procurement Cell (i.e.
[email protected]) by 07 September 2020 up to 17:00 Hrs
(IST) , so that a link for Video Conferencing can be sent by NCRTC at
that email Id.
Please note that the request received from the prospective Bidder
(With details of the Company, its address, and the name and
designation of the person attending the VC) will be entertained. They
should also mention the email id through which VC is desired to be
joined.
Based on the number of requests received by various Bidders NCRTC
may allow maximum of two email Ids for one company to participate
in the VC.
Any request for VC received after the given date and time for sending
the link for VC may not be entertained by NCRTC.
Prospective Bidders will be able to join the VC through the link
provided to them on Email ID on which the link has been requested by
them.
During this pre-bid meeting, prospective Bidder’s may request clarification of
the project requirement or any other aspects of the Bidding Documents.

Site visit by the Employer will not be organized. However, it is


recommended to be undertaken by the bidder at its own cost.

Replace ITB 7.5 with the following:


ITB 7.5
The Bidder is requested to upload the Pre-Bid queries on the e-Procurement
portal not later than the date and time as mentioned in ITB 7.1 as per the
standard proforma provided in Section-4 of the Bidding Document (Form-
PQ-1 of Bidding Forms).

ITB 7.6 Replace ITB 7.6 with the following:

The text of the questions raised, (including questions raised during the
meeting in writing) without identifying the source, and the responses given,
together with any responses prepared after the meeting will be uploaded on
e-Procurement portal, https://etenders.gov.in/eprocure/app. Any
modification to the Bidding Document that may in the sole discretion of the
Employer become necessary as a result of the pre-bid meeting shall be made
by the Employer exclusively through the use of an Addendum pursuant to
ITB 8

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Section 2 - Bid Data Sheet 2-9

ITB 8.2 Replace ITB 8.2 with the following:

Any addendum issued shall be part of the Bidding Documents and shall be
uploaded on e-bidding portal https://etenders.gov.in/eprocure/app.

The onus is on the Bidders to visit the e-bidding portal to see the addenda
published by the Employer.

C. Preparation of Bids

ITB 10.1 The language of the Bid is: English

ITB 11.1 Replace ITB 11.1 with the following:

The bidder shall submit their bid on-line on e-bidding portal


https://etenders.gov.in/eprocure/app as mentioned in para ITB 21.

The Bid shall comprise two parts submitted simultaneously, one called the
Technical Bid containing the documents listed in ITB 11.2 and the other
the Financial Bid containing the documents listed in ITB 11.3.

ITB 11.2 (b) Replace ITB 11.2 (b) with the following:

The original Bid Security document in accordance with ITB 19 shall be


submitted by the Bidder at the Employer’s address indicated in the BDS
before the date and time specified in the e-bidding portal as a prerequisite
for opening of the Bid.
Bidders shall upload a scanned copy of the Bid Security on line on the e-
bidding portal https://etenders.gov.in/eprocure/app along with Bid
submission.

ITB 11.2 (g) The Bidder shall submit with its e-Technical Bid the following additional
documents as furnished in Section 4 (Bidding Forms):

(i) Form ELI-3: Joint Venture Agreement (Intended)

(ii) Form ELI-4: Power of Attorney (POA) Single Entity

(iii)Form ELI-5: Power of Attorney for Authorized Signatory of Joint


Venture (JV Partners)

(iv) Form ELI- 6: Power of Attorney to Lead Partner and Authorized

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Section 2 - Bid Data Sheet 2-10

Representative of Joint Venture (JV)

(v) Form PQ-2: Undertaking for Encashment/Forfeiture of Bid


Security

(vi) Form UT: Undertaking for downloaded bid document

(vii) Form CL-1: Checklist for e-Technical Submission

(viii) Form CL-2: Undertaking from sub-contractor.

ITB 11.3 Insert the words “in Excel format” after Price Bid in first line.

ITB 11.3 (d) The Bidder shall submit with its Financial Bid the following additional
documents: None.

ITB 11.4 Replace ITB 11.4 with the following:

In addition to the requirements under ITB 11.2, Bids submitted by a Joint


Venture shall include a copy of the Joint Venture Agreement (In case of
existing Joint Venture) / Intended JV Agreement as per Form ELI-3 of
Bidding Form.

ITB 13.1 Alternative Bids shall not be permitted.

ITB 13.2 Alternative times for completion shall not be permitted

ITB 13.4 Alternative technical solutions shall not be permitted.

ITB 14.2 Replace ITB 14.2 with the following: -

In the Bill of Quantities (BOQ), unit, quantity and unit rates and thereby
the amount against each item have been indicated. From this Percentage
BOQ, price of each schedule has been worked out and indicated in the
summary sheet in BOQ. The Bidder shall quote rates as single percentage
above/below/at par in figures for each schedule as per format in the
‘Percentage BOQ’.

DM/CN/COR-OF/119 & 120 NCRTC


Section 2 - Bid Data Sheet 2-11

ITB 14.4 Replace ITB 14.4 with the following: -

The Bidder shall quote any unconditional discounts and the methodology
for their application (the discounts, and the methodology of their
application, should be quoted on prices quoted in the bid so that the
discounts can be evaluated by simple arithmetic calculation during
financial evaluation of the bids, to arrive at the net total price of the bid. If
the net total price cannot be calculated after application of the
methodology of the discount(s) quoted, the bid shall be considered as
incomplete and will be rejected) in the Letter of Price Bid, in accordance
with ITB 12.1. However, any discount offered for award of any specific
combination of contract lots(s) has to be quoted separately for each
specific combination and to be submitted in financial bid. If bidder is not
submitting bid for both lots or the bidder is not offering any discount for
award of combination of lots, then bidder has to quote NIL (zero) discount
offered.

ITB 14.5 The prices quoted by the Bidder shall be adjustable in accordance with
Sub- Clause 13.8 of the Particular Conditions of Contract.

ITB 14.5 (b) Replace the existing provisions in ITB 14.5 (b) after “rejected”
with the following:

The indices and weightings shall be taken for this purpose as provided in
the Sub- Clause 13.8 of the Particular Conditions of Contract.

Replace ITB 14.7 with the following:


ITB 14.7
All duties, taxes [except Custom Duty, Goods and Services Tax (GST)],
royalties, cess and other levies payable by the Bidder under the Contract,
or for any other cause, as on the date 28 days prior to the deadline for
submission of bids, shall be included in the rates and prices and the total
Bid Price submitted by the Bidder.

The Delhi Ghaziabad Meerut Corridor of Regional Rapid Transit System


being Implemented by National Capital Region Transport Corporation
Limited, is an approved project by the Government of India and for which
financing from Asian Development Bank and Asian Infrastructure
Investment Bank has been applied. The Goods (as defined under
General Conditions of Contract, Sub-Clause 1.1.5.2)/Plant(as
defined under General Conditions of Contract, Sub-Clause
1.1.5.5) and Services(as defined under Particular Conditions of
Contract, Part-B, Sub-Clause 1.1.6.13)/Works(as defined under
General Conditions of Contract, Sub-Clause 1.1.5.8) imported for
the project execution are exempt from whole of the duty of customs
leviable thereon under first Schedule to the Customs tariff Act 1975 (51 of

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Section 2 - Bid Data Sheet 2-12

1975) and the whole of the special duty of customs leviable under section
68 of the Finance (No. 2) Act 1996 as per the provision of the Notification
No. 84/97 dated 11th Nov 1997, as amended time to time. (Copy of
Notification attached in PCC for ready reference).
Employer will facilitate the Contractor with necessary certificate in this
regard. The responsibility to avail the exemption of Custom Duty shall
solely rest with the Contractor. The Contractor shall also be solely
responsible for custom clearing of the Goods(as defined under
General Conditions of Contract, Sub-Clause 1.1.5.2)/Plant(as
defined under General Conditions of Contract, Sub-Clause
1.1.5.5) and Services(as defined under Particular Conditions of
Contract, Part-B, Sub-Clause 1.1.6.13)/Works(as defined under
General Conditions of Contract, Sub-Clause 1.1.5.8) .Importer on
Record can be NCRTC or domestic JV partner. The Contractor shall
maintain records of the Goods(as defined under General
Conditions of Contract, Sub-Clause 1.1.5.2)/Plant(as defined
under General Conditions of Contract, Sub-Clause 1.1.5.5) and
Services(as defined under Particular Conditions of Contract,
Part-B, Sub-Clause 1.1.6.13)/Works(as defined under General
Conditions of Contract, Sub-Clause 1.1.5.8) imported for the project
execution and actual utilization of the same for the project execution. The
Contractor shall be fully responsible for any loss or misuse of these
imported Goods(as defined under General Conditions of
Contract, Sub-Clause 1.1.5.2)/Plant(as defined under General
Conditions of Contract, Sub-Clause 1.1.5.5) and Services(as
defined under Particular Conditions of Contract, Part-B, Sub-
Clause 1.1.6.13)/Works(as defined under General Conditions of
Contract, Sub-Clause 1.1.5.8)

Employer has applied for Deemed Export Benefits under Foreign Trade
Policy. In case the benefit is made available, Contractor shall pass on the
same to the Employer. Employer shall facilitate the Contractor with
reasonable documents for availing the Deemed Export Benefits. However,
the responsibility to avail the Deemed Export Benefits or otherwise as
extended in accordance with the law of the land shall solely rest with the
Contractor.

GST shall be paid as applicable in accordance with the prevailing rules of


Government of India on submission of certified GST invoices as per the
prevailing Government rules. Goods and Service Tax [GST] will be paid
extra as applicable on the submission of GST Invoices for first Interim
payment certificate. The subsequent Interim payment certificate shall be
processed for payment upon submission of documentary evidence in the
form of Challans/GSTR Form-2A as the case maybe towards payment of
GST collected on the previous Interim payment certificates to the GST
Authorities. However, if subsequent bills are raised before the return
submission date of previous Bill period, the documentary evidence
towards payment of GST shall be provided within 7 days from the date of
such return filling. The Final payment certificate/single payment
certificate, payment shall be released on the undertaking by the

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Section 2 - Bid Data Sheet 2-13

contractor/supplier for providing evidence within 07 days from the due


date of such return filing for final bill based on GST provision for due
dates.

Payment shall be made electronically in the account of the Contractor as


per the details provided by the Contractor. In case the Contractor is a Joint
Venture, the payment shall be made only in the name of Joint Venture. In
case the Contractor is a un-incorporated JV, if requested by the contractor,
direct payment to the individual partners of the JV can be made on joint
certification by the authorized representatives of individual constituent
partners, after making requisite recoveries /deduction from the gross
payment. In this case, a notarized Joint Venture Agreement (Section 9:
CF) jointly signed by authorized representatives of all the constituent
partners of the JV to this effect need to be submitted to the Employer
before commencement of the Work. All payments, will be subject to
deduction of tax at source in accordance with the provisions of the Indian
Income tax Act and any other applicable law, including any Withholding
Taxes etc. BOCW Cess shall be applicable on Contract Price. For Tax
purpose, Individual partners of JV shall be required to submit individual
Tax invoices and TDS deduction certificate. The Contractor / individual
partners of JV shall take necessary clearance/exemption and registration
certificate for Income Tax/Other Taxes/GST, as applicable.

ITB 15.1 The currency for this bid is: Indian Rupees (INR)

ITB 15.2 Add the following in ITB 15.2

The currency of quoting of the bid is in INR only and the Accepted
contract amount shall also be in INR only. However, the bidders requiring
any payment in foreign currency(ies) (in maximum three freely
convertible foreign currencies) may stipulate the same in Schedule of
Payment Currencies (Section 4, Bidding Forms).

The payment including advances except material advance (PCC 14.2) shall
be made to the contractor in accordance with the proportion stipulated in
Schedule of Payment Currencies (Section 4, Bidding Forms) by using
exchange rate as stipulated in BDS of ITB 15.4.

Foreign currency part shall be converted to Equivalent INR by


ITB 15.4 adopting Exchange rate between the foreign currency and INR as
prevailing 28 days before the latest deadline for submission of bids,
as per the website of Financial Benchmark India Private Limited
(FBIL) as recommended by RBI.

In case the exchange rate of the particular currency is not available


on the above date in the website, then the exchange rate as per the
website of the Central Bank of that country to which this currency
belongs will be adopted. In case the exchange rate of that currency

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Section 2 - Bid Data Sheet 2-14

is not directly available in INR on that website then the currency


will be first converted to USD as per the exchange rate between that
foreign currency and US Dollar on that web site and then converted from
USD to INR as per FBIL exchange rate between US Dollar and INR, as
prevailing on 28 days before the deadline for submission of bids.

Bidder should indicate the source used with documentary evidence for
conversion and conversion rates used for converting foreign currency into
INR.

However, for Evaluation purpose only, the currency other than INR to be
converted to INR shall be as per the methodology of conversion
mentioned in Note(s) below Sub-clause 2.4, Section 3: Evaluation and
Qualification Criteria.

ITB 17.2 No domestic preference shall be applicable.

ITB 18.1 The bid validity period shall be 180 days.

ITB 19.1 The Bidder shall furnish a bid security for an amount of INR 8.7 Million
for Lot 1 and INR 7.2 Million for Lot 2.
The Bid Security validity should be 28 days beyond the Bid Validity period.

ITB 19.2 Bid-Securing Declaration shall not be permitted.

The ineligibility period will be: Not Applicable.

Replace the ITB 19.3 with the following:


ITB 19.3

The bid security shall be, at the Bidder’s option, in any of the
following forms:
(a) Banker’s certified cheque or Bank draft drawn on a Scheduled
Commercial Bank in India in favour of “National Capital
Region Transport Corporation Ltd.” payable at New Delhi; or

(b) An irrevocable and unconditional Bank Guarantee (BG) using


the Form given in Section 4: Bidding Forms. The Bank
Guarantee shall be from a Bank having minimum net worth of
over INR 5000 million from the specified banks as under:

(i) a Scheduled Commercial Bank in India, or

(ii) a Foreign Bank which do not have operations in India is


required to provide a counter-guarantee by a Scheduled

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Section 2 - Bid Data Sheet 2-15

Commercial Bank in India, or a Foreign Bank which has


a correspondent bank in India is required to submit the
Bank Guarantee through the correspondent bank in
India.

(c) The Scheduled Commercial Bank issuing the Bank


Guarantee shall preferably be on “Structure Financial
Messaging System (SFMS)” platform. A separate advice of
the BG shall invariable be sent by the issuing Bank to the
Employer’s Bank through SFMS.

Further, the Bid Security in Original form along with a


copy of “MT760COV (in case of Bank Guarantee message)
/ MT767COV (in case of Bank Guarantee amendment
message) Report” sent by the BG issuing Bank sealed in an
envelope shall be submitted as stated in clause 11.2 (b) of
ITB.

The Issuing Bank shall send the SFMS to:

Beneficiary: National Capital Region Transport


Corporation Limited
Bank Name: HDFC Bank
Account No. 50200029737870
IFSC Code: HDFC0000003

ITB 19.4 Subject to the succeeding sentences, any bid not accompanied by an
irrevocable and callable bid security shall be rejected by the Employer as
nonresponsive. If a Bidder submits a bid security that (i) deviates in period
of validity, or (ii) does not provide sufficient identification of the Bidder
(including, without limitation, failure to indicate the name of the Joint
Venture or, where the Joint Venture has not yet been constituted, the
names of all future Joint Venture Partners), the Employer shall request
the Bidder to submit a compliant bid security within 14 (Fourteen)
calendar days of receiving such a request. Failure to provide a compliant
bid security within the prescribed period of receiving such a request shall
cause the rejection of the Bid.

ITB 20.1 Replace ITB 20.1 with the following:

The e-Technical Bid (comprising of documents specified in ITB 11.2) and


financial bid (comprising of documents specified in ITB 11.3) shall be
submitted online on e-procurement portal of NIC
https://etenders.gov.in/eprocure/app only in accordance with the
requirements of the Bid Documents.

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Section 2 - Bid Data Sheet 2-16

ITB 20.2 Add the following to ITB 20.2


The written confirmation of authorization to sign on behalf of
the Bidder shall consist of:
(a) In case of Private/Public Companies, a Power of Attorney
(POA) from the legal representative of the company who has
been authorized by the Board Resolution, constitution of the
legal entity, articles of incorporation or other valid legal
instruments acceptable to the Employer. Copy of Board
Resolution shall also be submitted, where applicable.
(b) In case of proprietorship bidders, Power of Attorney by the Proprietors.

(c) In case of partnership bidders, Power of Attorney duly signed by all the
partners.

(d) In case of Limited Liability partnership (LLP), a POA from the legal
representative of the company who has been authorized by the Board
Resolution, constitution of the legal entity, articles of incorporation or
other valid legal instruments acceptable to the Employer. Copy of
Board Resolution shall also be submitted, where applicable.

(e) In case of Joint Venture, Power of Attorney duly signed by individual


partners to the Lead partner as per the form given in Section-4 with
stipulated documents.

ITB 20.2 The Bidder shall submit an acceptable authorization within 14 (Fourteen)
days of receiving such a request.

D. Submission and Opening of Bids

ITB 21.1 Replace ITB 21 with the following:


21.1 Bidders shall upload their bid submission online on e-bidding portal
https://etenders.gov.in/eprocure/app within the stipulated date and
time as mentioned ITB 22.1. The Bidder shall ensure that they retain
a copy of the receipt/acknowledgement of their Bid submission
which is generated by the system upon successful submission of Bid
online.
21.2 Original Bid Security shall also be submitted physically within the
deadline for submission of Bids. It shall be the responsibility of the
Bidder to ensure that the envelope containing ‘Bid Security’ is
submitted to designated authority before the time and date as
mentioned in ITB 22.1.

21.3 The bidder shall seal the “Original Bid Security” in an envelope. The

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Section 2 - Bid Data Sheet 2-17

envelope shall:
a. bear the name and address of the Bidder;
b. addressed to the Authority mentioned in ITB 22.1;
c. bear the specific identification of this bidding process as indicated
in Clause 1.1 of Section 2: BDS.
21.4 Original Bid Security in physical form submitted after deadline for
submission of Bid shall not be accepted and online bids of such
bidders shall be rejected. The Employer shall not be responsible for
delay, loss or non-receipt of ‘Original Bid Security’ sent by post /
courier.
21.5 The Employer shall not be responsible for “Original Bid Security”
delivered to any other place / person within the organization of the
Employer other than the designated authority.
21.6 The Employer may, at his discretion, extend the deadline for
submission of bids by issuing a corrigendum/addendum, in which
case all rights and obligations of the Employer and the bidder
previously subject to the original deadline will thereafter be subject
to the deadline as extended.
21.7 Bids sent telegraphically or through any other means of transmission
except as mentioned above shall be treated as invalid and shall stand
rejected.
21.8 No details about price proposal shall be submitted / disclosed
directly or indirectly in the e-technical proposal failing which the
employer has the right to reject the bid.

ITB 22.1 The BID submission is through the e-bidding portal


https://etenders.gov.in/eprocure/app as specified in ITB 21.1 and the
documents supporting the bid documents to be submitted physically are
as specified in ITB 21.2.
The Bidder shall submit its bid before expiry of the date and time for bid
submission as specified herein.
For submitting Bid Security in Original as specified in ITB 21.2, the
Employer’s address is:

Group General Manager /Procurement


National Capital Region Transport Corporation Ltd.
7/6, Siri Fort Institutional Area,
August Kranti Marg,
New Delhi – 110049
Tel : +91-11-41066943
Fax : +91-11-41066953
Email :- [email protected]

The deadline for bid submission - online (ITB 21.1) and


supporting documents is:

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Section 2 - Bid Data Sheet 2-18

Date: 06.10.2020
Time: 1500 hrs
The deadline for submission of original bid security Physically
(ITB 21.2) is:
Date: 06.10.2020
Time: 1500 hrs (IST)
Opening of e-Technical Bid is
Date: 06.10.2020
Time: 1700 hrs (IST)
The Summary of key dates are as follows:
• Uploading of documents on website:- 25.08.2020
• Time and Date of Pre-Bid meeting :- 08.09.2020 at 1100 hrs (IST)
• Submit Bids online:- 29.09.2020 from 1500 hrs (IST) to 06.10.2020 up to
1500 hrs (IST)
• Physical Submission of Bid supporting documents as in ITB 21.2 :
06.10.2020 up to 1500 hrs (IST)
• Opening of the e-Technical Bid : 06.10.2020 at 1700 hrs (IST)
After evaluation of the e-technical bids, only responsive and technically
compliance bidders will be notified on e-bidding portal for the opening of
Financial bids.

ITB 23.1 Replace ITB 23.1 with the following:

Submission of Bids shall be closed on e-bidding portal at the date & time
of submission as prescribed in ITB 22.1 after which no bid can be
uploaded. The Employer shall not consider any bids after the deadline of
submission.

ITB 24 Replace ITB 24.1 and ITB 24.2 with the following:
24.1 The Bidder may modify, substitute or withdraw its e-bid after
submission prior to the Bid Submission Deadline. No bid shall be
modified, substituted or withdrawn by the Bidder on or after the Bid
Submission Deadline and Time. For modification of e-bid, bidder has to
detach its old bid from e-bidding portal
(https://etenders.gov.in/eprocure/app) and upload / resubmit digitally
signed modified bid. For withdrawal of bid, bidder has to click on
withdrawal icon at e-bidding 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 reason, bidder cannot re-submit e-bid again.
24.2 Any documents submitted by the bidder who withdraw the bid in
accordance with ITB 24.1 shall not be opened.

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Section 2 - Bid Data Sheet 2-19

Replace ITB 25 with the following:


ITB 25
25.1 The Employer shall conduct the electronic opening of e-Technical
Bids on e- bidding portal as per the schedule date and time. The opening
of the e-Technical Bids and subsequent details can be viewed by the
bidders by logging on the e- bidding portal. Alternatively, any bidder who
wish to attend the e-technical bid opening can be present during the
opening. The Bidder’s representatives who are present shall be requested
to mark their attendance on the format available with the Employer.

25.2 The Financial Bid submitted online on e- bidding portal will remain
unopened in the e- bidding portal until the date and time of opening
of Financial Bid. The date and time of the opening of the Financial
Bid will be notified to all the bidders on e- bidding portal whose bid
is found to be substantially responsive and qualified in technical
evaluation.

25.3 Envelopes holding the “Original Bid Security” shall be opened one at
a time, and the following read out and recorded:
(a) the name of the Bidder;

(b) the presence of a Bid Security; and

(c) any other details as the Employer may consider appropriate.

Only e- procurement Bids recorded at bid opening shall be


considered for evaluation. No Bid shall be rejected at the opening of
e-Technical Bids in accordance with ITB Sub-Clause 23.1 except the
bid(s) which are not accompanied by “Original Bid Security” in
physical form.

25.4 The Employer shall prepare a record of the opening of e-Technical


bids that shall include, as a minimum: the name of the Bidder and
the presence or absence of a “Original Bid Security”. The Bidders’
representatives who are present shall be requested to sign the record
available with the NCRTC. The omission of a Bidder’s signature on
the record shall not invalidate the contents and effect of the record.

25.5 After the evaluation of the Technical Bids, the Employer shall
conduct the electronic opening of Financial Bids of the bidders who
have submitted substantially responsive Technical Bids and are
qualified on the basis of evaluation of the Technical Bids in
accordance with the minimum eligibility criteria set out in the
Bidding Documents. The date and time of the opening of Financial
Bids will be published after the technical evaluation on e-bidding
portal.

25.6 The Employer will also publish on the e- bidding portal, the names of
bidders whose bid have not been found substantially responsive to
the requirements of the Bidding Document as a result of evaluation

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Section 2 - Bid Data Sheet 2-20

of Technical Bid. The e-bidding portal will not open the financial
bids of the technically non-responsive bidders.

25.7 The Employer shall conduct the electronic opening of Financial Bids
on e-bidding portal. The opening of the Financial Bids and
subsequent details can be viewed by the bidders by logging on the e-
bidding portal.

25.8 On Opening of the Financial Bids, the system will automatically


generate the Comparative Statement of total prices quoted by the
bidders and the same can be viewed by Bidders.

E. Evaluation and Comparison of Bids

Replace ITB 27.1 with the following


ITB 27.1
To assist in the examination, evaluation and comparison of the Bids, the
Employer may, at its discretion, ask any Bidder for a clarification of its
Bid. Any clarification submitted by a Bidder that is not in response to a
request by the Employer shall not be considered. The Employer’s request
for clarification and the response shall be in writing and delivered to
concerned bidders through e-procurement portal. The due date and time
to response these queries will also be communicated. No change in the
prices or substance of the Bid shall be sought, offered, or permitted, except
to confirm the correction of errors discovered by the Employer in the
evaluation of the Financial bids, in accordance with ITB Clause 34.

Replace ITB 27.2 with the following:


ITB 27.2
The bidder shall respond to the queries on e-bidding portal. If a Bidder
does not provide clarifications of its bid by the date and time set in the
Employer’s request for clarification, their bid shall be evaluated as per the
available information in the submitted bid.

Add the following to ITB 32.1:


ITB 32.1
The Documentation/Information produced/Furnished by the Bidder shall
be subject to verification by the Employer at any stage during the Bidding
Process or during the Contract Execution. In case of the incorrect
certification/information furnished by any Bidder, being noticed during
such verification, the Employer reserves the Right to disqualify or take
suitable action as per the extant Contractual provisions, as the case may be
against such Bidder.

ITB 32.2 The qualifications of other firms such as the Bidder’s subsidiaries, parent
entities, affiliates, Subcontractors shall not be permitted, unless they are
the part of the Bidding entity.

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Section 2 - Bid Data Sheet 2-21

ITB 33.1 The Employer does not intend for the contractor to execute any specific
elements of the Works through nominated subcontractors.

ITB 35.1 The currency that shall be used for bid evaluation and comparison
purposes to convert all bid prices expressed in various currencies into a
single currency is: INR

Foreign currency part shall be converted to Equivalent INR by adopting


Exchange rate between the foreign currency and INR as prevailing 28 days
before the latest deadline for submission of bids, as per the website of
Financial Benchmark India Private Limited (FBIL) as recommended by
RBI.

In case the exchange rate of the particular currency is not available on the
above date in the website, then the exchange rate as per the website of the
Central Bank of that country to which this currency belongs will be
adopted. In case the exchange rate of that currency is not directly available
in INR on that website then the currency will be first converted to USD as
per the exchange rate between that foreign currency and US Dollar on that
web site and then converted from USD to INR as per FBIL exchange rate
between US Dollar and INR, as prevailing on 28 days before the deadline
for submission of bids.

Bidder should indicate the source used with documentary evidence for
conversion and conversion rates used for converting foreign currency into
INR.

Domestic preference shall not apply.


ITB 36.1

ITB 37.2 is replaced by:


ITB 37.2
ITB 37.2

I. To evaluate the Price Bid, the Employer shall consider the following:

(a) the bid Price (excluding GST) , excluding provisional sums and the
provision, if any, for contingencies in the Summary Bill of Quantities,
but including Daywork items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in accordance with
ITB 34.1;
(c) price adjustment due to discounts offered in accordance with ITB 14.4;
(d) converting the amount resulting from applying (a) to (c) above, if
relevant, to a single currency in accordance with ITB 35;
(e) adjustment for nonmaterial nonconformities in accordance with ITB
31.3;

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Section 2 - Bid Data Sheet 2-22

(f) assessment whether the bid is abnormally low in accordance with ITB
38; and
(g) application of all the evaluation factors indicated in Section 3
(Evaluation and Qualification Criteria).

II. The Employer’s evaluation of a Bid will exclude and not take into
account,
(a) in the case of Goods (as defined under General Conditions of
Contract, Sub-Clause 1.1.5.2)/Plant (as defined under
General Conditions of Contract, Sub-Clause 1.1.5.5) and
Services (as defined under Particular Conditions of
Contract, Part-B, Sub-Clause 1.1.6.13)/Works (as defined
under General Conditions of Contract, Sub-Clause 1.1.5.8)
offered from abroad, Custom Duty and Goods & Service Tax ,
applicable in the Employer’s country and payable on the Goods if the
Contract is awarded to the Bidder; and
(b) in the case of Goods (as defined under General Conditions of
Contract, Sub-Clause 1.1.5.2)/Plant (as defined under
General Conditions of Contract, Sub-Clause 1.1.5.5) and
Services (as defined under Particular Conditions of
Contract, Part-B, Sub-Clause 1.1.6.13)/Works (as defined
under General Conditions of Contract, Sub-Clause 1.1.5.8)
offered from within the Employer’s country, Custom Duty and Goods
& Service Tax , applicable in the Employer’s country and payable on
the Goods if the Contract is awarded to the Bidder.

ITB 37.6 Add the following to ITB 37.6: -

Multiple Lowest Bidders (L-1)-

In case of more than one Lowest (L-1) bidders, bid shall be awarded to
bidder having higher average annual turnover as per Para 2.3.2 of EQC
(Section 3).

ITB 38.4 (b) Replace the last sentence in ITB 38.4 (b) “The amount of the……. ….20%
of the contract price” as follows:

The amount of increase in performance security required to protect


Employer’s financial loss shall be calculated as below: -
If the bid price of the lowest evaluated bidder is lower than 10% of the
“reference price” defined below, the Employer may require the bidder to
increase the amount of performance security as follows:

The amount of such increase in performance security shall be calculated


@10% for such difference between bid price of the lowest evaluated bidder
and value beyond 10% the reference price. However, the enhanced total

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Section 2 - Bid Data Sheet 2-23

performance security should not be more than 20% of accepted contract


price.
The “reference price” to be used for calculating the increase in the
performance security shall be the average of First Lowest (L1), Second
Lowest (L2), Third Lowest (L3) arithmetically corrected, substantially
responsive bid prices, and the Estimated Cost (treated as one of the
substantively responsive bids).
If the bidder refuses to increase the amount of performance security as
required above, its bid shall be rejected but its bid security shall not be
forfeited for the refusal.

ITB 41.1 Standstill provisions shall not apply.

F. Award of Contracts

ITB 43.1 Add the following to ITB 43.1

Summary of the Information relating to the technical and financial


evaluation and award of contract shall be uploaded on the e-bidding
portal. The total accepted contract amount shall be in INR only.
The equivalent of the respective currencies as submitted by the
bidder in the Schedule of Payment Currencies Form (Bidding
Form, Section 4) shall also be stated in the Letter of Acceptance.

ITB 45.2 Add the following to ITB 45.2

The selected bidder shall also be disqualified and banned for further
business dealings for a period of five years with the Employer.

ITB 46.1 The procedures for Bidding-related complaints are referenced in the
“Procurement Regulations for ADB Borrowers (Appendix 7).” The Bidder
should submit its complaint following these procedures, in writing, to:

Title/position: GGM/Procurement

Employer: National Capital Region Transport Corporation Ltd.

Email address: [email protected]

Fax number: 011-41066953

ITB 47 Add ITB 47


Jurisdiction
of Courts The bidding process shall be governed by and construed in accordance
with ADB’s Procurement Policy and Regulations and the laws of India and

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Section 2 - Bid Data Sheet 2-24

the Courts with jurisdiction in Delhi shall have exclusive jurisdiction over
all the disputes/issues arising under, pursuant to and/ or in connection
with the bidding process.

DM/CN/COR-OF/119 & 120 NCRTC

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