Section 2 BDS
Section 2 BDS
Section 2 BDS
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:
The number and identification of lots comprising this OCB is: Two
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.
ITB 2.1 The name of the Project is: Delhi – Meerut Regional Rapid Transit System Project.
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.
(ii). Bidder shall also furnish Form ELI-1, ELI-2 and documents required
therein with their technical submission.
(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.
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.
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.
Venue*:
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
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
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:
ITB 11.2 (g) The Bidder shall submit with its e-Technical Bid the following additional
documents as furnished in Section 4 (Bidding Forms):
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.
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’.
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.
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.
ITB 15.1 The currency for this bid is: Indian Rupees (INR)
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.
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 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.
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
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.
(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.
ITB 20.2 The Bidder shall submit an acceptable authorization within 14 (Fourteen)
days of receiving such a request.
21.3 The bidder shall seal the “Original Bid Security” in an envelope. The
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.
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.
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.
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;
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
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.
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.
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
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.
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;
(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.
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:
F. Award of Contracts
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
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.