General Maintenance contract for civil works of Line-3

(Noida City Centre - Nawada) and Line-4 section.

Notice Inviting Tender (NIT)

NOTICE INVITING TENDER (NIT)

GENERAL
DMRC Invites Open tender through e-tendering system (i.e. Technical and Financial bid) from eligible
applicants who fulfill qualification criteria as stipulated in clause 1.2 of NIT for Contract: OCM-786:
General Maintenance contract for civil works of Line-3 (Noida City Centre - Nawada) and Line-4
section. The brief scope of the work and site information is provided in ITT clause A2.

1.1.1 The key details are as follows:

A. Name of work Contract: OCM-786: General Maintenance contract

for civil works of Line-3 (Noida City Centre - Nawada)
and Line-4 section.
B. Approxiamate cost of work ₹525.00 Lakhs
C. Tender Security Amount (Earnest Amount of Tender Security:- ₹2,62,500/- (Payment of
Money Deposit) tender security is to be made only by RTGS, NEFT and
IMPS. No other mode of payment will be accepted.
The detail of bank account of DMRC for payment of
Tender security is mentioned in clause 1.1.2(p) of NIT.
The bidders shall be required to upload the scanned
copies of transaction of payment of tender security/
EMD including ereceipt (clearly indicating UTR No. &
Tender reference i.e. OCM-786 must be entered in
the remarks at the time of online transaction of
payment, failing which payment may not be
considered) at the time of online bid submission. For
further details, clause C18.1.2 of ITT may be referred.
Note: Bidders to note that the payment of tender
security shall be made from the account of bidder
only however, in case of JV/Consortium the tender
security can either be paid from JV/Consortium
account or one of the constituent member of
JV/Consortium. If tender security has been made from
other than the account mentioned above, same shall
not be accepted and all such bids shall be considered
ineligible and summarily rejected
D. Cost of Tender Documents (Non- ₹23,600/- (inclusive of 18% GST) Non-Refundable
Refundable) (Payment of cost of tender document / tender fee is
to be made only by RTGS, NEFT & IMPS. No other
mode of payment will be accepted. The detail of bank
account of DMRC for payment of cost of tender
document is mentioned in clause 1.1.2(p) of NIT. The
bidders will be required to upload the scanned copies
of transaction of payment of tender document cost/
tender fee including e-receipt (clearly indicating UTR
No. & Tender reference i.e. OCM-786 must be
entered in the remarks at the time of online
transaction of payment, failing which payment may
not be considered) at the time of online bid
submission. (Copy of GST registration no. to be
provided along with Tender document cost/ tender
fee)

E. Tender Document available for From 17.06.2020 to 16.07.2020 (up to 14:00 hrs) on
 sale on website etendering website
https://eprocure.gov.in/eprocure/app Tender
document can only be obtained after registration of
tenderer on the website
https://eprocure.gov.in/eprocure/app.
F. Pre-bid Meeting 25.06.2020 at 11:00 Hrs The pre-bid meeting shall be
conducted through video conferencing using software
apps such as zoom.us, microsoft teams etc. All
Prospective bidders shall provide the details of the
person(s) (maximum up to two) who will be
participating in such virtual meeting at least one day
before the meeting (latest by 11:00 Hrs on
24.06.2020) to the registered official email of DMRC
i.e. [email protected], so that links having
details such as software apps, meeting ID, password
etc. can be mailed to these persons at least 12 hours
before the scheduled pre-bid meeting.
G. Last date of Seeking Clarification 24.06.2020 (up to 17:00 Hrs) (Queries shall be
submitted online through e-tendering portal against
the respective tender)
H. Last date of issuing amendment, if 06.07.2020
any
I.(A) Tender submission Start Date and 10.07.2020 (from 09:00 Hrs)
Time (online)
I.(B) Tender submission end Date and 16.07.2020 (Upto 14:00 Hrs)
Time (online)
J. Date & Time of opening of Tender 17.07.2020 at 14:30 Hrs.
(Technical Bid) (online)
K. Date & Time of opening of Will be informed later on after the evaluation of
Financial Bid Technical Bids (Only to the bidders who will
successfully qualify the Technical Evaluation)
L. Validity of Tender 180 days from the last date of submission of tender.
M. Stipulated date of Within seven days from the date of issue of “Letter of
Commencement of work Acceptance” or as per the instructions of Engineer-in-
charge
N. Completion Period 3 (three) Years
O. Authority for purchase of tender CE/Tender (O&M), Delhi Metro Rail Corporation Ltd.,
documents (in case of physical 5th Floor, C-Wing, Metro Bhawan, Fire Brigade Lane,
tenders), seeking clarifications Barakhamba Road, New Delhi –110001
and submission of completed
tender documents
P. Mode of submission SSDE
Q. To facilitate payment of Tender Fee and Tender Security through RTGS, NEFT & IMPS, the
details of bank account of DMRC is mentioned below:

Name of Bank Bank’s Address Account Name & Account Type FSC code
No.
Punjab National ECE House DMRC Ltd. O&M Current PUNB0112000
Bank Branch, Expenditure A/C,
Connaught 1120005800000032
Place, New Delhi
-110001
1.2 QUALIFICATION CRITERIA

1.2.1 Eligible Applicant

i. The tenders for this contract will be considered only from those tenderers {proprietorship firms,
partnership firms, companies, corporations, consortia or joint ventures (JV hereinafter)} who meet
requisite eligibility criteria prescribed in the sub-clauses of Clause 1.2 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. ii A tenderer shall submit only one bid in the particular tendering process, either individually as a
tenderer or as a partner of a JV/ Consortium. 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 sub-contractor while submitting a bid individually or as a partner of a JV/
Consortium in the same bidding process. A tenderer, if acting in the capacity of subcontractor in any
bid, may participate in more than one bid, but only in that capacity.

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 procurement for im
(b) A tenderer is any associates/affiliates (inclusive of parent firms) mentioned in sub-paragraph (a)
above; or
(c) A tenderer lends, or temporarily seconds its personnel to firms or organizations which are engaged
in consulting services for the preparation related to procurement for an implementation of the
project, if the personnel would be involved in any capacity on the same project.

iv The payment of the tender cost is acceptable from any account. However, tenderer shall submit
such transaction details along with their tender submission on e-portal. If the same transaction
reference number has been submitted for more than one bids. All such bids shall be considered
ineligible and summarily rejected.

v (a) DMRC/ any other Metro Organization (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-6 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
other Metro Organization (100% owned by Govt.) after award 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 Appendix6 of f

v (c). The overall performance of the tenderer (all members in case of JV/Consortium separately) shall
be examined for all the ongoing civil work awarded by DMRC/any other Metro Organization (100%
owned by Govt.) of value more than 40% of NIT cost of work and also for all the completed Civil
Engineering works awarded by DMRC/any other metro Organization (100% owned by Govt.) within
last one year (from the last day of the previous month of tender submission),value of work more than
40% of NIT cost of work executed either individually or in a JV/Consortium. The tenderer shall provide
list of all such work in the prescribed Performa given in Appendix-7 of the form of tender. The
tenderer (all members in case of JV/Consortium separately) may either submit satisfactory
performance certificate issued by the client /Employer for the works or given an undertaking
regarding satisfactory performance of the work with respect to completion of work/execution of work
(ongoing work) failing which their tender submission shall not be evaluated and the tender shall be
consider Non-responsive and NonCompliant to the tender condition. In case of non submission of
either satisfactory performance certificate from client/employer or undertaking of satisfactory
performance of any of the above work, the performance of above work shall be treated as
unsatisfactory while evaluating the overall performance of the tender in terms of Note (b) of
Appendix-7. In case of performance certificate issued by the client, same should not be older than
three months (from the last day of the previous month of tender submission) for the ongoing work.

v (d). Tenderer (including any member in case of JV/consortium) for the work awarded by DMRC /
any other Metro Organization (100% owned by Govt.) must have been neither penalized 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 Civil Engineering works of value
more than 10% of NIT cost of work, during last three years. The tenderer should submit undertaking
to this effect in the Appendix-6 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-6, 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 of Clause 1.2.1 of NIT.

v (f). If there is any misrepresentation of facts with regards to undertaking submitted vide Appendix6,
the same will be considered as “fraudulent practice” under Clause 4.33.1

a (ii) of GCC and the tender submission of such tenderers will be rejected besides taking further
action as per Clause 4.33.1 (b) &13.2.1 of GCC.

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 the Appendix-6 of
Form of Tender.

vii. LEAD PARTNER/NON SUBSTANTIAL PARTNERS/ CHANGE IN JV/CONSORTIUM

a. Lead partner must be a substantial partner in the JV/Consortium i.e. it should have a minimum of
26% participation in the JV/Consortium. Each substantial partner in case of JV/Consortium shall have
experience of executing at least one “similar work” ** of value of ₹70.00 lakhs or more as defined in
clause (a) of NIT.

b. Each non-substantial partner should have a minimum of 20% participation in the JV/Consortium.
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. In the tender of Civil work, a Joint Venture/
Consortium to qualify, each of its non-substantial partner must have experience of executing at least
one Civil work of minimum value of ₹35.00 lakhs or more in last 07 years.

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 non-
responsive.

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/Consortium agreement/ MOU
submitted vide foot note (d) of Appendix-5 of Form of Tender, providing clearly that any abrogation
/subsequent re-assignment of any responsibility by any substantive/nonsubstantive 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 Employer) from the one given in JV/Consortium
agreement/MOU at tender stage, will be treated, as ‘breach of contract condition’ and/or
‘concealment of facts’ (as the case may be), vide GCC clause 4.33.1 [a (ii) and (iii)] and acted
accordingly. The Employer in such cases, may in its sole discretion take action under clause 4.33.1 (b)
of GCC against any member(s) for failure in tenderer’s obligation and declare that member(s) of
JV/Consortium ineligible for award of any tender in DMRC or take action to terminate the contract in
part or whole under clause 13 of GCC as the situation may demand and recover the cost/damages as
provided in contract.

viii. Participation by Subsidiary Company / Parent Company with credential of other

Company

a) Applicant in the capacity of a Subsidiary Company as a single entity is not permitted to use the
credential of its Parent Company and/or its Sister Subsidiary Company/ Companies unless the
Applicant participates in tender as JV/Consortium with its Parent Company and/or its Sister
Subsidiary Company/ Companies as a member(s) in JV/Consortium with minimum 26% participation
each (as substantial member) for such member(s).

b) Applicant in the capacity of a Parent Company as a single entity is not permitted to use the
credential of its Subsidiary Company/ Companies unless the Applicant participates in tender as
JV/Consortium with its Subsidiary Company/ Companies as a member(s) in JV/Consortium with
minimum 26% participation each (as substantial member) for such member(s).

1.2.2 Minimum Eligibility Criteria

(a) Work Experience : The tenderers will be qualified only if they have successfully completed work(s)
during last 7 years ending last day of the month previous to the month of tender submission as given
below. Tender shall upload Appendix-15 (Part-A & Part-B) of FOT.

(i) At least one “similar work” of value of ₹140.00 lakh or more OR

(ii) At least two “similar works” each of value of ₹87.50 lakh or more OR
(iii) At least three “similar works” each of value of ₹70.00 lakh or more
“Similar work” for this contract shall be “Civil Construction/ maintenance works of building/
structures.”

Notes:

The tenderer shall upload details of work executed by them in the prescribed format as per Appendix-
15 of Form of Tender for the works to be considered for qualification of work experience criteria.
Documentary proof such as completion certificates from the client clearly indicating the nature/scope
of work, actual completion cost and actual date of completion for such work should be uploaded. The
offers submitted without this documentary proof shall not be evaluated. In case work is executed for
private client documentary proof such as copy of work order, Bill of quantities, Bill wise details of
payment received certified by CA, TDS certificates for all the payments received, copy of final/ last bill
paid by the client should also be uploaded. All the documents or certificates which are provided by CA
after 1st July, 2019, must contain UDIN thereon and the perticulars of certifications must be same as
mentioned on document/certification and submitted to ICAI on its website which can be verified
online on https://udin.icai.org/search-udin.

Value of successfully and fully completed work up to the last day of the previous month of tender
submission will be considered for qualification of work experience criteria.

Only work experience certificate having stamp of Name and Designation of officer along with the
name of client shall be considered for evaluation. However, if any work experience certificate has
been issued prior to 01.07.2019, same shall be considered for evaluation even if it is not stamped.

For completed works, value of work done shall be updated to the last day of the previous month of
tender submission price level assuming 5% inflation for Indian Rupees every year and 2% for foreign
currency portions per year. The exchange rate of foreign currency shall be applicable 28 days before
the submission date of tender.
 In case of joint venture/ Consortium, full value of the work, if done by the same joint venture shall be
considered. However, if the qualifying work(s) were done by them in JV/Consortium having different
constituents, then the value of work as per their percentage participation in such JV/Consortium shall
be considered.

After opening of financial bids, the work experience credentials (work experience certificate along
with other documents if any) of L-1 bidder shall be sent for verification and certification to the
concerned client(s). In case of any concealment or misrepresentation of facts, appropriate action(s) in
accordance with tender conditions and “Suspension/Banning Policy, August 2019” of DMRC shall be
taken. The copy of “Suspension/ Banning Policy, August 2019” of DMRC can be downloaded from
tender section of DMRC website i.e. www.delhimetrorail.com.

(b) Financial Standing: The tenderer will be qualified only if they have minimum financial capabilities
as below :-

(i) T1- Annual Turnover: The average annual turnover of the tenderer during last five audited financial
years (2014-15, 2015-16, 2016-17, 2017-18 and 2018-19) should not be less than ₹140.00 lakhs.

The averages annual turnover of JV/ Consortium will be based on percentage participation of each
member.Contract: OCM-786: General Maintenance contract for civil works of Line-3 (Noida City
Centre - Nawada) and Line-4 section. Notice Inviting Tender Page 8 of 12

Example: Let member-1 has percentage participation = M and member-2 has percentage participation
= N, Let the averages annual turnover of member-1 is A and that of member-2 is B, then average
annual turnover of JV/ Consortium will be = AM+BN 100

(ii) T2-Liquidity: It is necessary that the firm can withstand cash flow that the contract will require
until payments received from the Employer. Liquidity therefore becomes an important consideration.

This shall be seen from the balance sheets and/or from the banking reference. Net current assets
and/or documents including banking reference, should show that the applicant has access to or has
available liquid assets, lines of credit and other financial means to meet cash flow of INR 25.00 Lakh
for this contract, net of applicant’s commitments for other Contracts. Banking reference should
contain in clear terms the amount that bank will be in a position to lend for this work to the
applicant/member of the Joint Venture/Consortium. In case the Net Current Assets (as seen from the
Balance Sheets) are negative, only the Banking references will be considered. Otherwise the
aggregate of the Net Current Assets and submitted Banking references will be considered for working
out the Liquidity.

The banking reference should be from a Scheduled Bank in India or (in case of foreign parties) from
an international bank of repute acceptable to DMRC as per standard proforma provided in ITT as
Annexure-8 and it should not be more than 3 months old as on date of submission of bids.

In Case of JV/ Consortium- Requirement of liquidity is to be distributed between members as per

their percentage participation and every member should satisfy the minimum requirement.

Example: Let member-1 has percentage participation =M and member-2 has percentage participation
= N.
If minimum liquidity required is ‘W’ then liquidity of member-1≥ WM/100 and liquidity of member-2
≥ WN/100

(iii) T3- Profitability: Profit before Tax should be Positive in at least 2 (two) years, out of the last five
audited financial years. In Case of JV/ Consortium: The profitability of only lead member shall be
evaluated.

(iv) T4- Net Worth: Net Worth of tenderer during last audited financial year should be ≥ 35.00 Lakh In
case of JV/ Consortium- Net worth will be based on the percentage participation of each Member.
Example: Let Member-1 has percentage participation = M and Member-2 has = N. Let the Net worth
of Member-1 is ‘A’ and that of Member-2 is ‘B’, then the Net worth of JV/ Consortium will be =
(AM+BN)/100. Notes:

Financial data for latest last five audited financial years has to be uploaded by the tenderer (each
member in case of JV/Consortium) in Appendix-16 of Form of Tender along with audited balance
sheets. The financial data in the prescribed format shall be certified by Chartered Accountant with his
stamp, signature, membership number and Unique Document Identification Number (UDIN). In case
audited balance sheet of the last financial year is not made available by the bidder, he has to submit
an affidavit (As per format provided in Appendix-16A to form of Tender) certifying that ‘the balance
sheet has actually not been audited so far’. In such a case the financial data of previous ‘4’ audited
financial years will be taken into consideration for evaluation. If audited balance sheet of any other
year than the last year is not uploaded, the tender will be considered as non-responsive.

Where a work is undertaken by a group, only that portion of the contract which is undertaken by the
concerned applicant/member should be indicated and the remaining done by the other members of
the group be excluded. This is to be substantiated with documentary evidence.

1.3 Tender document consists of the following:

a. Notice Inviting Tender

b. b. Instructions to Tenderers (Including Annexures)
c. Form of Tender (Including Appendices)
d. General Conditions of Contract (November 2019)
e. e. Special Conditions of Contract f. Employer’s Requirement
f. Bill of Quantities h. Conditions of contract on Safety & Health for Civil work Contracts of O&M wing
i. Conditions of contract on Environment for Civil work of O&M for Contracts Value above ₹1.0 Crore.

1.The Tenderers may obtain further information/ clarification, if any, in respect of these
tender documents from the office of CE/Tender (O&M), Delhi Metro Rail Corporation, 5thFloor,
CWing, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi –110001. 1.3.

2 All Tenderers are hereby cautioned that tenders containing any material deviation or reservations
as described in ClauseE4.4 of “Instructions to Tenderers” and/or minor deviation without quoting the
cost of withdrawal shall be considered as non-responsive and is liable to be rejected.

3 The intending tenderers must be registered on e-tendering portal

https://eprocure.gov.in/eprocure/app. Those who are not registered on the e-tendering portal shall
be required to get registered beforehand. After registration, the tenderer will get user id and
password. On login, tenderer can participate in tendering process and can witness various activities
of the process.

4 The authorized signatory of intending tenderer, as per Power of Attorney (POA), must have valid
class-II or class-III digital signature. The tender document can only be downloaded from e-tendering
portal using class-II or class-III digital signature. However, the tenderer shall upload their tender on
https://eprocure.gov.in/eprocure/app using class-II or class-III digital signature of the authorized
signatory only.

5 Tender submissions shall be done online on https://eprocure.gov.in/eprocure/app after uploading

the mandatory scanned copies of transaction of payment of tender document cost/tender feeand
Tender Security (in the form of RTGS, NEFT and IMPS.) and other documents as stated in the tender
document. Instructions for on-line bid submission are furnished hereinafter.

6 Submission of Tenders shall be closed on e-tendering website of DMRC at the date & time of
submission prescribed in NIT after which no tender shall be accepted. It shall be the responsibility of
the bidder / tenderer to ensure that his tender is uploaded online on e-tendering website
https://eprocure.gov.in/eprocure/app before the deadline of submission. DMRC will not be
responsible for non-receipt of tender documents due to any delay and/or loss etc.

7 Tenders shall be valid for a period of 180 days (both days inclusive i.e. the date of submission of
tenders and the last date of period of validity of the tender) from the latest Date of Submission of
Tender and shall be accompanied with a tender security of the requisite amount as per clause C17 of
ITT.

8 DMRC reserves the right to accept or reject any or all proposals without assigning any reasons. No
tenderer shall have any cause of action or claim against the DMRC for rejection of his proposal.

9 Tenderers are advised to keep in touch with e-tendering portal

https://eprocure.gov.in/eprocure/app for updates.

10 Letter of acceptance to the successful bidder shall be uploaded on procurement portal which can
be downloaded by the successful bidder.

11 For any corruption related complaint, tenderer may contact CVO, DMRC
([email protected] Ph.011-23418406. However, no tender related queries shall be enquired
from CVO, DMRC. For any queries/clarification related to tender, the bidder may attend pre-bid
meeting and/or upload their queries online within the date and time specified at Clause 1.1.1 (f) and
1.1.1 (g) of NIT respectively.

The statement saying “ that client resources right to accept or rejectany one or all tender without
assisgning a tender reason”.

CE/Tender (O&M)
Delhi Metro Rail Corporation Limited