1 Section 1 ITB

Section 1 - Instructions to Bidders 1-1
Section 1: Instructions to Bidders
This Section specifies the procedures to be followed by Bidders in the preparation and submission of
their Bids. Information is also provided on the submission, opening, evaluation of bids, and award of
contract.
Table of Clauses
A. General ........................................................................................................................................... 4
1. Scope of Bid ............................................................................................................................. 4
2. Source of Funds ....................................................................................................................... 7
3. Fraud and Corruption ............................................................................................................... 7
4. Eligible Bidders ........................................................................................................................ 9
5. Eligible Materials, Equipment and Services ........................................................................... 15
B. Contents of Bidding Document.................................................................................................. 15
6. Sections of Bidding Document ............................................................................................... 15
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting .............................................. 16
8. Amendment of Bidding Document ......................................................................................... 18
C. Preparation of Bids ..................................................................................................................... 18
9. Cost of Bidding ....................................................................................................................... 18
10. Language of Bid ..................................................................................................................... 18
11. Documents Comprising the Bid ............................................................................................. 18
12. Letters of Bid and Schedules ................................................................................................. 19
13. Alternative Bids ...................................................................................................................... 19
14. Bid Prices and Discounts ....................................................................................................... 20
15. Currencies of Bid and Payment ............................................................................................. 23
16. Documents Comprising the Technical Proposal .................................................................... 25
17. Documents Establishing the Qualifications of the Bidder ...................................................... 25
18. Period of Validity of Bids ........................................................................................................ 25
19. Bid-Securing Declaration ....................................................................................................... 25
DM/GC/COR-OF/216 NCRTC
20. Format and Signing of Bid ..................................................................................................... 26
D. Submission and Opening of Bids .............................................................................................. 27
21. Sealing and Marking of Bids .................................................................................................. 27
22. Deadline for Submission of Bids ............................................................................................ 28
23. Late Bids ................................................................................................................................ 28
24. Withdrawal, Substitution, and Modification of Bids ................................................................ 28
25. Bid Opening ........................................................................................................................... 28
E. Evaluation and Comparison of Bids .......................................................................................... 29
26. Confidentiality ........................................................................................................................ 29
27. Clarification of Bids ................................................................................................................ 29
28. Deviations, Reservations, and Omissions ............................................................................. 30
29. Examination of Technical Bids .............................................................................................. 30
30. Responsiveness of Technical Bid .......................................................................................... 30
31. Nonmaterial Nonconformities ................................................................................................. 31
32. Qualification of the Bidder ...................................................................................................... 31
33. Subcontractors ....................................................................................................................... 32
34. Correction of Arithmetical Errors ............................................................................................ 32
35. Conversion to Single Currency .............................................................................................. 33
36. Domestic Preference ............................................................................................................. 33
37. Evaluation and Comparison of Price Bids .............................................................................. 32
38. Abnormally Low bids .............................................................................................................. 34
39. Unbalanced Bids .................................................................................................................... 35
40. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ....................................... 36
41. Notice of Intention for Award of Contract ............................................................................... 36
F. Award of Contract ....................................................................................................................... 36
42. Award Criteria ........................................................................................................................ 36
43. Notification of Award .............................................................................................................. 36
44. Performance Security ............................................................................................................ 36
45. Signing of Contract ................................................................................................................ 37
46. Bidding-Related Complaints .................................................................................................. 37
47. Jurisdiction of Courts ............................................................................................................. 37
A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data
Sheet (BDS), National Capital Region Transport Corporation Ltd.
(NCRTC), hereinafter referred to as the ‘Employer’, issues this
Bidding Document for the Procurement of Works as specified in
Section 6 (Employers Requirements). The name, identification, and
number of contract(s) are provided in the BDS.
1.2 Throughout this Bidding Document,

(a) the term “in writing” means communicated in written form and
delivered against receipt;
(b) except where the context requires otherwise, words indicating the
singular also include the plural and words indicating the plural also
include the singular; and
(c) “day” means calendar day.
(d) “week” means a period of seven days.
1.3 Instructions of using e-procurement portal of NIC for Bid Searching,

Preparation and Submission:
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 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. In case of intended Joint Venture Lead partner
shall enroll on the above mentioned e-procurement portal.
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 addendum/corrigendum issued to the bid document.
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.
PREPARATION OF BIDS
1) Bidder should take into account any corrigendum/addendum published
on the Bid Document before deadline of submission of Bids.
2) Bidder should go through the IFB and the bid document carefully to
understand the documents required to be submitted as part of the bid.
It may be noted that, 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 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
shall be of the person duly authorized through power of attorney (POA)
by the Bidder.
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 Securing Declaration: Bidder should submit the Bid Securing
Declaration as per the instructions specified under ITB 19 of the bidding
document.
6) Bidders are requested to note that they should necessarily submit
their Price Bids in the format provided and no other format is
acceptable. If the Price 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 submitted
BOQ file is found to be modified or altered or substituted the bid
shall be treated as non-responsive and shall be rejected.
(Note: - Financial Bid and Price Bid are synonymous wherever
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.
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
2. Source of Funds 2.1 The required funds have been sourced by the Employer, unless the
funding agency is specified in the BDS, in such cases ITB 2.2 will
be applicable.
2.2
i) the Borrower or Recipient (hereinafter called “Borrower”) indicated

in the BDS has applied for or received financing (hereinafter called
“funds”) from the Funding Agency toward the cost of the project
named in the BDS. The Borrower intends to apply a portion of the
funds to eligible payments under the contract(s) for which this
Bidding Document is issued.
ii) payments by the Funding Agency will be made only at the request
of the Borrower and upon approval by Funding Agency in
accordance with the terms and conditions of the Financing
Agreement between the Borrower and Funding Agency
(hereinafter called “Financing Agreement”), and will be subject in
all respects to the terms and conditions of that Financing
Agreement. No party other than the Borrower shall derive any
rights from the Financing Agreement or have any claim to the
funds.
3. Fraud and 3.1 The Employer requires that bidders, suppliers, and contractors
Corruption observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this, the Employer:
(a) defines, for the purposes of this provision, the terms set forth
below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;

(ii) “fraudulent practice” means any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or
threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly the
actions of a party;
(iv) “collusive practice” means an arrangement between two or
more parties designed to achieve an improper purpose,
including influencing improperly the actions of another
party;
(v) “abuse” means theft, waste or improper use of assets
related to Employer-related activity, either committed
intentionally or through reckless disregard;
(vi) “conflict of interest” means any situation in which a party has
interests that could improperly influence that party’s
performance of official duties or responsibilities, contractual
obligations, or compliance with applicable laws and
regulations;
(vii) “obstructive practice” means (a) deliberately destroying,
falsifying, altering or concealing of evidence material to an
Employer’s investigation, or deliberately making false
statements to investigators, with the intent to impede an
Employer’s investigation; (b) threatening, harassing or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to Employer investigation or
from pursuing the investigation; or (c) Employer reserves
the right directly or through their Auditors to inspect
accounts, records and other documents relating to the bid
submission and contract performance pertaining to
contractor, supplier, sub-contractor. Deliberate acts
intended to impede the exercise of Employer’s contractual
rights of audit or inspection or access to information; and
(viii) “integrity violation" including (i) to (vii) above including failure
to adhere to the highest ethical standard.
(b) has the right to reject the bid for award if it determines that the
Bidder recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, abusive, coercive, or
obstructive practices or other integrity violations in competing for
the Contract;
(c) will sanction a bidder or its successor, including declaring
ineligible, for a stated period of time, to participate in Employer’s
activities, if it at any time determines that the bidder has, directly or
through an agent, engaged in corrupt, fraudulent, collusive,
obstructive, abusive, conflict of interest, coercive and integrity
violation in competing for, or in executing a contract of the
employer.
(d) In case it is found during the evaluation or at any time before
signing of the Agreement or after its execution and during the

period of subsistence thereof, that the bidder has made material
misrepresentation or has given any materially incorrect or false
information, the bidder may be
i) disqualified and banned for further business dealings for a

period of Two (02) years with the Employer forthwith if not yet
appointed as the bidder either by issue of Letter of Acceptance
or entering into of the Agreement.
ii) And if the bidder has already been issued the Letter of
Acceptance or has entered into the Agreement, as the case
may be, the same shall, notwithstanding anything to the
contrary contained therein or in this bid document, be banned
for further business dealings with the Employer for a period of
Two (02) years, by a communication in writing by the Employer
to the bidder, without the Employer being liable in any manner
whatsoever to the bidder or the bidder, as the case may be.
Further the Contract of the bidder may be terminated and the
decision of Employer in this regard shall be final and binding on
the bidder. In case the contract is terminated, Employer shall
forfeit and appropriate the Performance Security (to be treated
as mutually agreed pre-estimated compensation and damages
payable to the Employer for, inter alia, time cost and efforts of
the Employer), without prejudice to any other right or remedy
that may be available to the Employer.
iii) In case the bidder is a JV, the above provisions shall be

applicable on all the partners of the JV.
4. Eligible Bidders 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 (JV). Incorporation of JV is
not mandatory.
Throughout this bidding document, 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/Entities, whether in the form of a
partnership or otherwise. Similarly, in the context of Joint Venture,
throughout the bidding document, the word “leader”, as stipulated
under the General Conditions of Contract 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 (An entity that cannot be further

differentiated into units with their own legal identities):
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.) Lead Partner must have majority share participation in the
JV and no JV partner shall have less than 26% shares or
as specified in BDS in JV. In case of JV, change in
constitution or percentage participation shall not be
permitted at any stage after the bid submission otherwise
the bidder shall be treated as non-responsive.
ii.) all partners shall be jointly and severally liable; and
iii.) 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.
iv.) Submit Form ELI-3 and Form ELI-2, ELI-5, ELI-6 given in
Section 4: Bidding Forms, with their technical bid
submission.
v.) Submit Power of Attorney by individual partners to the
Lead Partner as per the form given in Section 4.
vi.) 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 detailed Joint Venture
Agreement shall be submitted to the Employer within 28
days of notification of award along with the Performance
Security.
4.2 a) A Bidder, and all parties constituting the Bidder, shall have the
nationality as per applicable laws in India. A Bidder shall be
deemed to have the nationality of a country if the Bidder is a
citizen or is constituted, incorporated, or registered, and operates
in conformity with the provisions of the laws of that country. This
criterion shall also apply to the determination of the nationality of
proposed Subcontractors or Suppliers for any part of the Contract
including related services.
b) (i) In terms of Order (Public Procurement No.1) of Ministry of

Finance issued vide letter no. F.No. 6/18/ 2019- PPD dated
23.07.2020, any Bidder from a Country which share a land border
with India will be eligible to bid in this procurement, only if the
Bidder is registered with the Competent Authority. The Competent
Authority for this purpose is Registration Committee in Department
for Promotion of Industry and Internal Trade (DPIIT) under Ministry
of Commerce. However, in terms of Order (Public Procurement
No.2) of Ministry of Finance issued vide letter no. F. no. 6/18/
2019- PPD dated 23.07.2020 the above order will not apply to
Bidders from those Countries (even if sharing a land border with
India) to which the Government of India has extended lines of
credit or in which the Government of India is engaged in
development projects for which the updated list of Countries are
given in the website of the Ministry of External Affairs.
(ii) Bidders (including the term “tenderer”, consultant or service

provider in certain Contexts) means any person or firm or
Company including any member of a Consortium or Joint Venture
(i.e. an association of several persons, or firms or
companies), every artificial juridical person not following in any of
the descriptions of Bidders stated herein before, including any
agency branch or office controlled by such person, participating in
a Procurement process.
(iii) “Bidder from a Country which shares a land border with

India” for the purpose of the Order of Ministry of Finance
mentioned above means:
a. An entity incorporated, established or registered in

such a country; or
b. A subsidiary of any entity incorporated, established or
registered in such a Country; or
c. An entity substantially controlled through entities
incorporated, established or registered in such a
country; or
d. An entity whose beneficial owner is situated in such a
country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A Consortium or joint venture where any member of
the Consortium or joint venture falls under any of the
above.
(iv) The beneficial owner for the purpose of (III) above will be as
under:
1. In case of a company or Limited Liability Partnership, the

beneficial owner is the natural person(s), who, whether
acting alone or together, or through one or more juridical
person, has a controlling ownership interest or who
exercise control through other means.
Explanation –
a. “Controlling ownership interest” means ownership of
or entitlement to more than twenty-five per cent. of
shares or capital or profits of the Company;
b. “Control” shall include the right to appoint majority of
the directors or to control the management or policy
decisions including by virtue of their shareholding or
managements rights or shareholders agreements or
voting agreements.
2. In case of a partnership firm, the beneficial owner is the

natural person(s) who, whether acting alone or together,
or thorough one or more juridical person, has ownership
of entitlement to more than fifteen percent of capital or
profits of the partnership;
3. In case of an unincorporated association or body of
individuals, the beneficial owner is the natural person(s),
who, whether acting alone or together, or through one or
more juridical person, has ownership of or entitlement to

more than fifteen percent of the property or capital or
profits of such association or body of individuals;
4. Where no natural person is identified under (IV) (1) or
(IV) (2) or (IV) (3) above, the beneficial owner is the
relevant natural person who holds the position of senior
managing official;
5. In case of a trust, the identification of beneficial owner(s)
shall include identification of the author of the trust, the
trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person
exercising ultimate effective control over the trust
through a chain of control or ownership.
(v) An Agent for the purpose of the Order of Ministry of Finance

mentioned above is a person employed to do any act for firm from
the country which share the land border with India, to represent
the firm in dealings with third person or client.
(vi) If sub-contracting of the work is permitted in the Bid

Document, the successful bidder shall not be allowed to sub-
contract work to any contractor from a country which shares a land
border with India unless such contractor is registered with the
Competent Authority.
All the Bidders registered in any Country will also have to certify that
they do not fall under 4.2 (b) (i) to (vi) (Refer. Bidding Form UT – 1).
c) In the event that the Contract is awarded to a foreign Bidder, such

foreign Bidder shall be required to follow Applicable Laws in India
as regards services by a foreign bidder. Foreign Bidder will be
those Bidders whose country of Registration/Incorporation is other
than INDIA.
4.3 A Bidder or any of its constituents shall not have a conflict of

interest. All Bidders found to have a conflict of interest shall be
disqualified. A Bidder may be considered to be in a conflict of interest
with one or more parties in the bidding process if any of, including but
not limited to, the following apply:
(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from
any of them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have access
to material information about or improperly influence the bid of
another Bidder, or influence the decisions of the Employer
regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding process,
either individually or as a partner in a Joint Venture. A bidder who
participate in more than one Bid will cause all of the proposals in
which the bidder has participated to be disqualified. No Bidder can
be a Sub-Contractor while submitting a bid individually or as a
partner of a Joint Venture in the same Bidding process. However,
subject to any finding of a conflict of interest in terms of ITB 4.3(a)-
(d) above a bidder, if acting in the capacity of Sub Contractor in
any Bid, may participate in more than one Bid, but only in that
capacity.
(f) a Bidder or any of its constituents, Joint Venture partner,
associates, parent company, or any affiliated entity, participated as
a Consultant in the preparation of the design or technical
specifications of the works that are the subject of the Bid; or
(g) a Bidder was affiliated for any period(s) during last two years
before the date of issue of Invitation for Bids with a firm or entity
that has been hired (or is proposed to be hired) to work as
Engineer for the subject contract; or
(h) Conflict between consulting activities and procurement of goods,
works or non-consulting services (i.e., services other than
Consulting Services): A firm that has been engaged by the
Employer to provide goods, works, or non-consulting services for a
project, or any of its affiliates that directly or indirectly controls, is
controlled by, or is under common control with that firm, shall be
disqualified from providing consulting services resulting from or
directly related to those goods, works, or non-consulting services.
Conversely, a firm hired to provide consulting services for the
preparation or implementation of the Project, or any of its affiliates
that directly or indirectly controls, is controlled by, or is under
common control with that firm, shall be disqualified from
subsequently providing goods or works or non-consulting services
(other than Consulting Services) resulting from or directly related to
the Consulting Services for such preparation or implementation.
This provision does not apply to the various firms (consultants,
contractors or suppliers) which together are performing the
Contractor’s obligations under a turnkey or design and build
contract.
(i) Conflict among consulting assignments: Neither Consultants
(including their personnel and sub-consultants), nor any affiliates
that directly or indirectly controls, is controlled by, or is under
common control with that firm, shall be hired for any assignment
that, by its nature, may be in conflict with another assignment of
the Consultant.
(j) In the case of the Consultant or any entity affiliated with the
Consultant, is already part of providing any services for the Project
for the Employer, the Consultant shall ensure that the Proof
Checking for those services shall be carried out by an independent
third party from an empaneled list (of at least three firms) as
decided by the Employer. The cost shall be deemed to be included
in the quoted cost. (e.g. a firm working as a Detailed Design
Consultant for NCRTC, if selected as a General Consultant shall
have to get the Proof Checking of Detailed Design from a third
party from the empaneled list at their own cost. In such cases, the
corresponding Key Experts shall be deployed from the third party
selected for the Proof Checking)
(k) Relationship with Employer’s Staff: Consultant (including their

experts and other personnel, and sub-consultants) that have a
close business or family relationship with a professional staff of the
Employer (or of the Project implementing agency) who are directly
or indirectly involved in any part of: (i) the preparation of the Scope
of Work/Terms of Reference, (ii) the selection process for the
Contract, or (iii) the supervision of such Contract may not be
awarded the Contract, unless the conflict stemming from this
relationship has been resolved in a manner acceptable to the
Employer throughout the selection process and the execution of
the Contract.
4.4 The bidder shall be disqualified if:
(a) The bidder or any of its constituents and/or sub-contractor /sub-

consultant included in the bid have been blacklisted/banned for
business dealings with Ministry of Housing and Urban Affairs
(MoHUA) along with any of its attached and subordinate offices or
by any metro rail organizations in India or by Ministry of Commerce
issuing banning of business applicable over all departments with
the banning being valid as on the last date of submission of bids,
except in cases where such blacklisting/banning has been
withdrawn by Competent Authority or has ceased on the deadline
for submission of the bids, for which satisfactory evidence is to be
produced.
(b) The Partner(s) of an existing JV which has been
blacklisted/banned by Ministry of Housing and Urban Affairs
(MoHUA) along with any of its attached and subordinate offices or
by any metro rail organizations in India or by Ministry of
Commerce, shall be allowed to participate in the future Bids of the
Employer, if that Partner(s) proves its eligibility with documentary
evidence of not having been blacklisted/banned in individual
capacity for bidding in other organizations .
(c) Any previous contract of the bidder or of any of its constituents had
been terminated for contractor’s failure by MoHUA along with any
of its attached and subordinate offices or by any metro rail
organizations in India at any time starting from 02 years before the
deadline for submission of bids. Provided, however, there is no
stay order or declaration by any Court against such termination of
the Contract or such termination of the Contract has not been
revoked.
(d) The bidder or any of its constituents has suffered
bankruptcy/insolvency or it is in the process of winding-up or there
is a case of insolvency pending before any Court on the deadline
of submission of bids or thereafter till finalization of bids.
(e) The bidder is found ineligible by the Employer, in accordance with
ITB-3.
(f) The bidder or its constituent(s) has been declared by MoHUA
along with any of its attached and subordinate offices or by any
metro rail organizations in India to be a poor performer and the
period of poor performance is still in force on the deadline for
submission of bids.
The Bidder shall submit an Affidavit stating that they are not
disqualified as per this sub clause (using the Performa given in Section
4) in the Bid submission.
4.5 Government-owned enterprises in the Employer’s country shall be

eligible only if they can establish that they (i) are legally and
financially autonomous, (ii) operate under commercial law, and (iii)
are not a dependent agency of the Employer.
4.6 A Bidder shall not be under suspension from bidding by the

Employer as the result of the execution of a Bid–Securing
Declaration.
4.7 Bidders shall immediately inform the Employer, in case Bidder

ceased to fulfill eligibility or Employer requests to provide evidence
for their continued eligibility in terms of ITB 4.
In case the bidder fails to inform the Employer or submits a false

affidavit, the Employer has the right to reject the bid and Bidder shall
also be liable for Banning of Business dealings by the Employer for a
period of 02 (Two) years.
4.8 Firms shall be excluded if by an act of compliance with a decision of

the United Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Employer’s country prohibits any
import of goods or contracting of works or services from that
country or any payments to persons or entities in that country.
4.9 In case a prequalification process has been conducted prior to the

bidding process, this bidding is open only to prequalified Bidders.
5. Eligible Materials, 5.1 At the Employer’s request, Bidders may be required to provide
Equipment and evidence of the origin of materials, equipment and services. The
Services materials, equipment and services to be supplied under the
Contract shall have their origin from countries as defined in ITB 4.2.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the
materials and equipment are mined, grown, produced, or
manufactured, and from which the services are provided. Materials
and equipment are produced when, through manufacturing,
processing, or substantial or major assembling of components, a
commercially recognized product results that differs substantially in
its basic characteristics or in purpose or utility from its components.
B. Contents of Bidding Document
6. Sections of 6.1 The Bidding Document consist of Parts I, II, and III, which include
Bidding Document all the sections indicated below, and should be read in conjunction
with any addenda/corrigenda issued in accordance with ITB 8.
PART I Bidding Procedures

Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)

Section 4 - Bidding Forms (BF)
Section 5 – Nationality
Price Bid in excel format
PART II Requirements
Section 6 A: Employer’s Requirement
Section 6 B: Technical Specification
Section 6 C: SHE Conditions of Contract
Section 6 D: Reference Documents (Bid drawings, geo-
technical investigation etc.)
PART III Conditions of Contract and Contract Forms

Section 7 - General Conditions of Contract (GCC)
Section 8 – Part A: Contact Data
Section 8 – Part B: Particular Conditions of Contract
Section 9 - Contract Forms (CF)
6.2 The IFB issued by the Employer is a part of the Bidding Document.
6.3 The Employer is not responsible for the completeness of the

Bidding Document and their addenda/corrigenda, 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 in the
IFB.
6.4 The Bidder is expected to examine all instructions, forms, terms,

and specifications in the Bidding Document. Failure to furnish all
information or documentation required by the Bidding Document
may result in the rejection of the bid.
7. Clarification of 7.1 A Bidder requiring any clarification on the Bidding Document shall
Bidding contact the Employer through e-procurement portal of NIC
Document, Site https://etenders.gov.in/eprocure/app or through authorized e-mail id
Visit, Pre-Bid of Employer or raise its inquiries during the pre-bid meeting if
Meeting provided for in accordance with ITB 7.4. The deadline for seeking
clarification by the 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-
procurement portal or through authorized e-mail id of Employer.
The Employer may, if necessary, amend the Bidding Document as a

result of a request for clarification, then it shall do so following the
procedure under ITB 8 and ITB 22.2.
7.2 The Bidder is advised to visit and examine the Site of Works and its
surroundings and obtain for itself on its own responsibility all
information that may be necessary for preparing the Bid and
entering into a contract for construction of the Works. The costs of
visiting the Site shall be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter its premises and lands for the
purpose of such visit, but only upon the express condition that the
Bidder, its personnel, and agents will release and indemnify the
Employer and its personnel and agents from and against all liability
in respect thereof, and will be responsible for death or personal
injury, loss of or damage to property, and any other loss, damage,
costs, and expenses incurred as a result of the inspection.
7.4 The Bidder’s designated representative is invited to attend a pre-bid

meeting, if provided for in the BDS. The purpose of the meeting will
be to clarify issues pertaining to the Bid.
7.5 The Bidder is requested to upload the Pre-Bid queries on the e-

Procurement portal or send in authorized e-mail id of Employer 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 of Bidding Forms).
7.6 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/Corrigendum pursuant to ITB 8 and ITB 22.2.
7.7 Nonattendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the
Bidding Document Employer may amend the Bidding Document by issuing
addenda/corrigenda.
8.2 Any addendum/corrigendum issued shall be part of the Bidding

Document and shall be uploaded on e-procurement portal
https://etenders.gov.in/eprocure/app.
The onus is on the Bidders to visit the e-procurement portal to see the
addenda/corrigenda published by the Employer.
8.3 To give prospective Bidders reasonable time in which to take an

addendum/corrigendum into account in preparing their Bids, the
Employer may, at its discretion, extend the deadline for the
submission of Bids, pursuant to ITB 22.2
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to
the bid exchanged by the Bidder and the Employer, shall be written
in English language. Supporting documents and printed literature
that are part of the Bid may be in another language provided they
are accompanied by an accurate translation by an authorized
translator of the relevant passages in English language.
The translated document such as Power of Attorney, supporting

documents of Bidder’s information (i.e. Certificate of Incorporation,
Memorandum of Association, Article of Association, Board
Resolutions), documents submitted pertaining to Evaluation and
Qualification Criteria (i.e. Experience Certificates, Financial Statements
etc.) shall also be attested by Embassy of India in the Bidder’s country.
11. Documents 11.1 The bidder shall submit their bid on-line on e-procurement portal
Comprising the https://etenders.gov.in/eprocure/app as mentioned in para ITB 21.
Bid
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 Price Bid containing the documents listed in ITB 11.3.
11.2 The Technical Bid shall comprise the following:
(a) Letter of Technical Bid;

(b) alternative Bids, if permissible, in accordance with ITB 13;
(c) Technical Proposal in accordance with ITB 16;
(d) documentary evidence in accordance with ITB 17, establishing the
Bidder’s qualifications to perform the contract;
(e) Bid-Securing Declaration, in accordance with ITB 19;
(f) written confirmation authorizing the signatory of the Bid to commit

the Bidder, in accordance with ITB 20.2;
(g) Details of MSEs/Startup Business/ Make in India in accordance
with ITB 36
(h) duly filled bidding forms along with relevant document as
mentioned in Section-4: Bidding Forms
(i) Any other document required in the BDS.
11.3 The Price Bid in Excel format shall comprise the following:
(a) Letter of Price Bid;

(b) alternative price Bids, at Bidder’s option and if permissible, in
accordance with ITB 13;
(c) completed Price Schedules, in accordance with ITB 12 and ITB 14;
(d) Any other document required in the BDS.
11.4 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.
12. Letters of Bid and 12.1 The Letters of Technical Bid and Price Bid, and the Schedules,
Schedules including the Bill of Quantities, shall be prepared using the relevant
forms furnished in Section 4 (Bidding Forms). The forms must be
completed without any alterations to the text, and no substitutes
shall be accepted. Bid, if found with modification or alteration or
substitution it may be considered as non-responsive and Employer
reserves the Right to reject the Bid. All blank spaces shall be filled
in with the information requested.
13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative Bids shall not be
considered.
13.2 When alternative times for completion are explicitly invited, a

statement to that effect will be included in the BDS, as will the
method of evaluating different times for completion.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer
technical alternatives to the requirements of the Bidding Document
must first price the Employer’s design as described in the Bidding
Document and shall further provide all information necessary for a
complete evaluation of the alternative by the Employer, including
drawings, design calculations, technical specifications, breakdown
of prices, and proposed construction methodology and other
relevant details. Only the technical alternatives, if any, of the lowest
evaluated Bidder conforming to the basic technical requirements
shall be considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the Works. Such
parts will be identified in the BDS and described in Section 6
(Employer’s Requirements). The method for their evaluation will be
stipulated in Section 3 (Evaluation and Qualification Criteria).
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of Price
Discounts Bid and in the Bill of Quantities shall conform to the requirements
specified below.
14.2 The Bidder shall quote the prices of the works in accordance with
the instructions mentioned in BDS out of the following;
a) The Bidder shall fill in rates and prices for all items of the
Works described in the Bill of Quantities. Items against which
no rate or price is entered by the Bidder will not be paid for by
the Employer when executed and shall be deemed covered by
the rates for other items and prices in the Bill of Quantities and
shall be evaluated accordingly.
OR
b) 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’. Failure to quote the “% excess” or “% less”
or “at par” in any schedules shall be treated as “at par”
irrespective of any figure in percentage (if indicated) and shall
be evaluated accordingly.
OR
c) 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 on total amount of all Schedules as per format in
the ‘Percentage BOQ’. Failure to quote the “% excess” or “%
less” or “at par” for the total amount of schedules shall be
treated as “at par” irrespective of any figure in percentage (if
indicated) and shall be evaluated accordingly.
OR
d) The Bidder shall quote lumpsum price for the work as

mentioned in the Bill of Quantity. In case bidder fails to quote
the lumpsum amount in the Price Bid for lumpsum schedules,
in such case the offer of the bidder shall be considered non-
responsive and it shall be summarily rejected.
OR
e) Any combinations of (a), (b), (c) and (d) as mentioned above.
14.3 The price quoted in the Letter of Price Bid, in accordance with ITB
12.1, shall be the total price of the Bid. Any additional/other
discount if offered by the bidder shall be mentioned separately in
the Letter of Price Bid. Net offered Price Bid shall be considered
after deduction of proposed discounts from total Price of Bid. In
case of, absence of the total bid price/Net Bid Price in the Letter of
Price Bid, bid may be considered as non-responsive and Employer
may reserve the right to reject the bid.
14.4 The Bidder shall quote any unconditional discounts in terms of

percentage figure either on total bid price or against individual
schedule price 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. The Bidder shall quote any
discounts and the methodology for their application in the Letter of
Price Bid, in accordance with ITB 12.1
If the net total price cannot be calculated after application of the

methodology of the discount(s) quoted, the bid shall be considered
without discount and shall be evaluated accordingly.
In case of multiple lots, 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 Price Bid.
14.5 Unless otherwise provided in the BDS and the Contract, the rates
and prices quoted by the Bidder are subject to adjustment during
the performance of the Contract in accordance with the provisions
of the Conditions of Contract.
(a) In the case of Fixed Price Bid, prices quoted by the Bidder shall be
fixed during the currency of the contract and not subject to
variation on any account. A Bid submitted with an adjustable price
may be treated as nonresponsive and Employer reserves the right
to reject the Bid.
(b) In the case of Adjustable Price, prices quoted by the Bidder shall
be subject to adjustment during currency of the contract to reflect
changes in the cost elements such as labor, material, transport,
and contractor’s equipment in accordance with the provisions of
the Conditions of Contract. A Conditional Bid submitted with a fixed
price may be treated as nonresponsive and Employer reserves the
right to reject the Bid. The indices and weightings shall be taken
for this purpose as provided in the sub-clause Adjustments for
Changes in Cost as per General Conditions of Contract.
14.6 If so, indicated in ITB 1.1, bids are being invited for individual
contracts or for any combination of contracts (packages). Bidders
wishing to offer any price reduction for the award of more than one
Contract shall specify in their bid the price reductions applicable to
each package, or alternatively, to individual Contracts within the
package. Price reductions or discounts shall be submitted in
accordance with ITB 14.4, provided the Bids for all contracts are
submitted and opened at the same time.
14.7 i. All duties, taxes, and other levies etc. payable by the Contractor
under the Contract, or for any other cause, as of 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 total Bid Price, inclusive or exclusive of GST and/or Custom
duties, shall be in accordance with the details mentioned in BDS.
ii. If custom duty is exempted in the project as specified in the BDS,

then following provisions shall be applicable:
a) The Goods/Plants/ Services/Works (as defined under General
Conditions of Contract) 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 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).
b) 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/Plants/ Services/Works (as defined under
General Conditions of Contract). Importer on Record can be
NCRTC or domestic Bidder or domestic JV partner(s). The
Contractor shall maintain records of the Goods/Plants/
Services/Works (as defined under General Conditions of
Contract) 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/Plants/ Services/Works (as defined under
General Conditions of Contract).
c) In case Deemed Export Benefits under Foreign Trade Policy is

available, Contractor shall take advantage and consider this in
the bid price. 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.
iii. GST shall be paid as applicable in accordance with the

prevailing rules of Government of India on submission of 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-1 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
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.
15. Currencies of Bid 15.1 Bidder shall quote their offer only in INR in the Price Bid unless
and Payment specified in the BDS.
15.2 Unless specified in the BDS, bidders expecting to incur

expenditures in other currencies for inputs to the Works supplied
from outside the Employer’s country and wishing to be paid
accordingly may indicate the other currencies schedule wise in the
Schedule of Payment Currencies (in maximum three freely
convertible foreign currencies in addition to local currency i.e. INR)
included in the Price Bid.
15.3 Bidders may be required by the Employer to clarify their foreign

currency requirements are reasonable in which case a detailed
breakdown of its foreign currency requirements shall be provided by
the Bidder to substantiate the amounts included in the unit rates
and prices shown in the Schedule of Payment Currencies. If the
Employer considers that the requirement of foreign currencies are
not reasonable, then Employer reserves the right to consider the
Bid as non-responsive.
15.4
A. For evaluation purpose;
(i) For Section 3: Evaluation and Qualification Criteria (EQC)

purpose, the currency other than INR to be converted to INR
shall be as per Notes of Section 3: Evaluation and Qualification
Criteria.
(ii) For the purpose of Price Bid comparison foreign currency part
shall be converted to Equivalent INR by adopting exchange
rate 28 days prior to the latest deadline for submission of Bids.
(iii) The exchange rate shall be as per the website of RBI. In case
the reference rate of particular currency on a given date is not
available on the website of RBI, it will be taken as per the
website of Financial Benchmark India Private Limited (FBIL) as
specified in the website of RBI.
In case the exchange rate of the particular currency is not
available on any date in both the websites as mentioned
above, then the selling exchange rate as per the website of the
Central Bank of that country to which the currency belongs will
be taken to convert that currency to INR. In case the exchange
rate of that currency is not directly available in INR then the
currency will be first converted to USD and then re-converted
to INR as per para above.
(iv) Bidder in its Bid shall indicate the source used with
documentary evidence for conversion and conversion rates
used for converting foreign currency into INR.

B. For payment purpose;
(i) The Advance Payment/Interim Payment Certificate (IPC) / Final

Payment Certificate (FPC) (without Price Variation adjustment)
payment shall be claimed in INR and the invoice shall be
submitted in the currencies as per the proportion stipulated in
Schedule of Payment Currencies (Section 4, Bidding Forms) by
using the reference rate of the conversion of 28 days prior to
the last deadline of submission as specified in para A(i) & (ii)
above.
(ii) Adjustment on account of Price Variation shall be calculated

separately in INR, for each period, between two successive
dates of measurements for bills and paid along with each bill or
separately as claimed by the contractor.
Payment against the price variation shall be made to the

contractor in accordance with the proportion stipulated in
Schedule of Payment Currencies (Section 4, Bidding Forms) by
using the reference rate of the conversion on the last day of the
period to which a particular interim payment certificate is
related as per the methodology specified in para A(i) & (ii)
above.
15.5 Foreign currency requirements generally include the following;
(a) expatriate staff and labor employed directly on the Works;

(b) social, insurance, medical and other charges relating to such
expatriate staff and labor, and foreign travel expenses;
(c) imported materials, both temporary and permanent, including fuels,
oil and lubricants required for the Works;
(d) depreciation and usage of imported Plant and Contractor's
Equipment, including spare parts, required for the Works;
(e) foreign insurance and freight charges for imported materials, Plant
and Contractor's Equipment, including spare parts; and
(f) overhead expenses, fees, profit, and financial charges arising
outside the Employer's country in connection with the Works.
15.6 Payment shall be made electronically in the account of the

Contractor as per the details provided by the Contractor.
(i) In case the Contractor is an incorporated Joint Venture, the payment

shall be made only in the name of Joint Venture.
(ii) In case the Contractor is an un-incorporated JV, if requested

by the contractor, direct payment to the individual partners/ Lead
Partner, if so authorized, 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 detailed 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. For Tax purpose, JV or Individual

partners of JV, as the case may be, shall be required to submit
individual Tax invoices.
All payments, will be subject to deduction of tax at source in

accordance with the provisions of the Indian Income tax Act, Indian
Goods & Services Tax laws and any other applicable laws, including
any Withholding Taxes (as per applicable provisions/Lower Tax
deduction certificate issued by Tax Authorities) etc. Building & Others
Construction Workers (BOCW) Cess shall be applicable on Contract
Price (excluding GST). The Contractor / individual partners of JV shall
take necessary clearance/exemption and registration certificate for
Income Tax/GST/Other Taxes, as applicable.
16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a statement
Comprising the of work methods, equipment, personnel, schedule, and any other
Technical information as stipulated in Section 4 (Bidding Forms), in sufficient
Proposal detail to demonstrate the adequacy of the Bidders’ proposal to meet
the work requirements and the completion time.
17. Documents 17.1 To establish its qualifications to perform the Contract in accordance
Establishing the with Section 3 (Evaluation and Qualification Criteria) the Bidder
Qualifications of shall provide the information requested in the corresponding
the Bidder information sheets included in Section 4 (Bidding Forms).
17.2 In case Domestic Preference is applicable as specified in BDS,

Domestic Bidders, individually or in Joint Ventures, applying for
eligibility for domestic preference shall supply all information
required to satisfy the criteria for eligibility as described in ITB 36.
18. Period of Validity 18.1 Bids shall remain valid for the period specified in the BDS after the
of Bids bid submission deadline date prescribed by the Employer.
In case of Bid Validity is of shorter period than the Employer has the
right to reject the Bid as non-responsive.
18.2 In exceptional circumstances, prior to the expiration of the bid

validity period, the Employer may request Bidders to extend the
period of validity of their Bids. The request and the responses shall
be made in writing.
In case Bidder does not extend the Bid Validity then its Bid shall not be
considered for further evaluation and its Bid Securing Declaration shall
not be executed.
19. Bid-Securing 19.1 Unless otherwise specified in the BDS, the Bidder shall furnish as
Declaration part of its Bid, with copy of Bid-Securing Declaration in the format
included in Section 4 (Bidding Forms).
19.2 The Bidder shall be automatically suspended from being eligible for
bidding in any contract with the Employer for the period of 02 (two)
years starting on the date the Bidder receive a notification from the
Employer that the Bid-Securing Declaration is executed by the
Employer as the Bidder is in breach of its obligation(s) under any of
the Bid Conditions as specified in ITB 19.5.
19.3 Bid Securing Declaration of the successful bidder shall expire on

signing of Contract Agreement.
Bid-Securing Declaration shall expire if Bidder is not the successful

Bidder, upon the earlier of (i) receipt of notification to Bidder of the
name of the successful Bidder, or (ii) 28 days after the expiration of its
Bid.
19.4 Unless otherwise specified in the BDS, any Bid not accompanied by
a substantially compliant Bid-Securing Declaration in accordance
with ITB 19.1, Bid shall be rejected by the Employer as non-
responsive.
19.5 The Bid Securing Declaration shall be executed, if
(a) notwithstanding ITB 24.3, a Bidder withdraws its bid during the
period of bid validity specified by the Bidder on the Letter of Bid,
except as provided in ITB 18.2; or
(b) the successful Bidder fails to
(i) accept the arithmetical correction of its Bid in accordance with
ITB 34; or
(ii) furnish a performance security in accordance with ITB 44;
(iii) furnish a domestic preference security in accordance with ITB
44; if so required.
(iv) sign the Contract in accordance with ITB 45;
19.6 The Bid-Securing Declaration of a Joint Venture shall be in the
name of the Joint Venture that submits the Bid. If the Joint Venture
has not been legally constituted at the time of bidding, the Bid-
Securing Declaration shall be submitted separately by the Individual
Partners on their letter heads as named in the intended JV
Agreement in terms of ITB 4.1.
20. Format and 20.1 The Technical Bid (comprising of documents specified in ITB 11.2)
Signing of Bid and Price 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.
20.2 Bid Documents which are to be submitted as scanned documents

shall be printed or written in indelible ink (in the case of copies,
legible photocopies are also acceptable) and all the pages shall be
signed by person or persons duly authorized to sign on behalf of the
Bidder before scanning and uploading (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. Bidders are advised to ensure clarity and
visibility of the contents of scanned documents before uploading the
same. All pages of the Bid, where, entries or amendments have
been made, shall be initialed by the person or persons signing the
Bid.
This authorization shall consist of a written confirmation as specified

below and shall be attached to the bid. The name and position held by
each person signing the authorization must be typed or printed below
the signature. If a Bidder submits a deficient authorization, the Bid shall
not be rejected in the first instance. The Employer shall request the
Bidder to submit an acceptable authorization within 14 (fourteen) days.
Failure to provide an acceptable authorization within the specified
period the Employer reserves the right to reject the Bid.
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.
20.3 Any amendments such as interlineations, erasures, or overwriting
shall be valid only if they are signed or initialed by the person
signing the Bid.
20.4 If either the Letter of Technical Bid or Letter of Price Bid or Bid-
Securing Declaration is not signed, the Bid shall be rejected.
D. Submission and Opening of Bids
21. Submission of 21.1 Bidders shall upload their bid submission online in accordance with
Bids ITB 1.3 on e-procurement portal
https://etenders.gov.in/eprocure/app within the stipulated date and
time as mentioned in 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 Bids sent through any other means of transmission except as

mentioned above shall be treated as invalid and shall stand
rejected.
21.3 No details about price bid shall be submitted / disclosed directly or

indirectly in the technical bid and in such case, the Bid shall be
rejected.
22. Deadline for 22.1 Bids must be submitted no later than the date and time through e-
Submission of procurement portal as specified in the BDS.
Bids
22.2 The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the Bidding Document in
accordance with ITB 8, in which case all rights and obligations of
the Employer and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
23. Late Bids 23.1 Submission of Bids shall be closed on e-procurement portal at the
date & time of submission as prescribed in ITB 22.1 after which no
bid can be uploaded. Any bid received (complete or in parts) after
deadline of Bid submission by any other means shall not be
considered and bids or any other document associated with the
Bid submitted on e-procurement portal before deadline of Bid
submission shall only be evaluated.
24. Withdrawal, 24.1 The Bidder may modify, substitute or withdraw its Bid after
Substitution, and submission prior to the Bid Submission Deadline. No bid shall be
Modification of modified, substituted or withdrawn by the Bidder on or after the Bid
Bids Submission Deadline and Time. For modification of Bid, bidder has
to detach its old Bid from e-procurement portal
(https://etenders.gov.in/eprocure/app) and upload / resubmit
modified bid. For withdrawal of bid, bidder has to click on
withdrawal icon at e-procurement portal and can withdraw its Bid.
Before withdrawal of a bid, it may specifically be noted that after
withdrawal of a bid for any reason, bidder cannot re-submit Bid
again.
24.2 Any documents submitted by the bidder who withdraw the bid in
accordance with ITB 24.1 shall not be opened.
24.3 No Bid may be withdrawn, substituted, or modified in the interval

between the deadline for submission of Bids and the expiration of
the period of bid validity specified by the Bidder on the Letters of
Technical Bid and Price Bid or any extension thereof.
25. Bid Opening 25.1 The Employer shall conduct the electronic opening of Technical
Bids on e-procurement portal as per the schedule date and time.
The opening of the Technical Bids and subsequent details can be
viewed by the bidders by logging on the e-procurement portal.
25.2 The Price Bid submitted online on e-procurement portal will remain
unopened in the e-procurement portal until the date and time of
opening of Price Bid. The date and time of the opening of the Price
Bid will be notified to all the bidders on e-procurement portal whose
bid is found to be substantially responsive and technically qualified.
25.3 The Technical Bids shall be opened one at a time, and the following
shall be recorded:
a) the name of the Bidder;

b) Bid-Securing Declaration, 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 Technical
Bids.
25.4 After the evaluation of the Technical Bids, the Employer shall
conduct the electronic opening of Price Bids of the bidders who
have submitted substantially responsive Technical Bids and are
qualified on the basis of evaluation of the Technical Bids. The date
and time of the opening of Price Bids will be published through e-
procurement portal.
25.5 The Employer will also publish on the e-procurement 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 Price bids of such technically
non-responsive bidders shall not be opened.
25.6 The Employer shall conduct the electronic opening of Price Bids on
e-procurement portal. The opening of the Price Bids and
subsequent details can be viewed by the bidders by logging on the
e-procurement portal.
25.7 On Opening of the Price Bids, Summary of Price Bid Opening and
amount quoted by the bidders shall be informed through e-mail to
all the Bidders who are found technically qualified.
E. Evaluation and Comparison of Bids
26. Confidentiality 26.1 Information relating to the examination, evaluation, comparison, and
post qualification of Bids and recommendation of contract award,
shall not be disclosed to Bidders or any other persons not officially
concerned with such process.
26.2 Any attempt by a Bidder to influence the Employer in the evaluation

of the Bids or Contract award decisions may result in the rejection
of its Bid.
26.3 Notwithstanding ITB 26.2, from the time of bid opening to the time
of Contract award, if any Bidder wishes to contact the Employer on
any matter related to the bidding process, it may do so in writing.
27. Clarification of 27.1 To assist in the examination, evaluation and comparison of the
Bids 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 or through e-mail id mentioned in the
Bid Document. 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 Price Bids, in accordance with ITB 14.2 and ITB 34.1.
27.2 The bidder shall respond to the queries on e-procurement portal or

on the email id mentioned in the Bidding Document. If a Bidder
does not provide clarifications of its bid by the date and time set in
the Employer’s requests for clarification, their bid shall be evaluated
as per the available information in the submitted bid and bid may be
rejected.
28. Deviations, 28.1 During the evaluation of Bids, the following definitions apply:
Reservations, and
Omissions (a) “Deviation” is a departure from the requirements specified in the
Bidding Document;
(b) “Reservation” is the setting of limiting conditions or withholding
from complete acceptance of the requirements specified in the
Bidding Document; and
(c) “Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Document.
29. Examination 29.1 The Employer shall examine the Technical Bid to confirm that all
of Technical Bids documents and technical documentation requested in ITB 11.2
have been provided, and to determine the completeness of each
document submitted.
29.2 The Employer shall confirm that the following documents and
information have been provided in the Technical Bid. If any of
these documents or information is missing, the offer may be
rejected.
(a) Letter of Technical Bid;

(b) written confirmation of authorization to commit the Bidder;
(c) Bid-Securing Declaration;
(d) Technical Proposal in accordance with ITB 16.
30. Responsiveness 30.1 The Employer’s determination of a Bid’s responsiveness is to be

of Technical Bid based on the contents of the bid itself, as defined in ITB11.
30.2 A substantially responsive Technical Bid is one that meets the

requirements of the Bidding Document without material deviation,
reservation, or omission. A material deviation, reservation, or
omission is one that,
(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the Contract; or

(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Employer’s rights or the Bidder’s obligations
under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of other
Bidders presenting substantially responsive Bids.
30.3 The Employer shall examine the technical aspects of the Bid
submitted in accordance with ITB 16, Technical Proposal, in
particular, to confirm that all requirements of Section 6 (Employer’s
Requirements) have been met without any material deviation,
reservation, or omission.
30.4 If a Bid is not substantially responsive to the requirements of the

Bidding Document, it shall be rejected by the Employer and shall
not subsequently be made responsive by correction of the material
deviation, reservation, or omission.
31. Nonmaterial 31.1 Provided that a Bid is substantially responsive, the Employer may
Nonconformities waive any nonconformities in the Bid that do not constitute a
material deviation, reservation, or omission.
31.2 Provided that a Technical Bid is substantially responsive, the

Employer may request that the Bidder submit the necessary
information or documentation, within a reasonable period of time, to
rectify nonmaterial nonconformities in the Technical Bid related to
documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to any
aspect of the Price Bid. Failure of the Bidder to comply with the
request may result in the rejection of its Bid.
31.3 Provided that a Technical Bid is substantially responsive, the

Employer shall rectify quantifiable nonmaterial nonconformities
related to the Bid Price. To this effect, the Bid Price shall be
adjusted, for comparison purposes only, to reflect the price of a
missing or non-conforming item or component.
The cost of all quantifiable nonmaterial nonconformities shall be

evaluated by Employer and will make its own assessment of the cost
of any nonmaterial nonconformities and omissions for the purpose of
comparison of Bids and shall be advised to technically qualified and
substantially responsive Bidders before opening of Price Bid.
32. Qualification of
32.1 The Employer shall determine to its satisfaction during the
the Bidder
evaluation of Technical Bids whether Bidders meet the qualifying
criteria specified in Section 3 (Evaluation and Qualification Criteria).
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 Bidder, being noticed
during such verification, the Employer reserves the Right to disqualify
or take suitable action.
However, the Bidder/Contractor shall not be absolved of the

responsibility of submitting the genuine documents and will
remain responsible for all the documents submitted even if the
Employer does not verify the Documents.
32.2 The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications submitted by
the Bidder, pursuant to ITB 17.1. Unless permitted in the BDS, the
determination shall not take into consideration the qualifications of
other firms such as the Bidder’s subsidiaries, parent entities,
affiliates, Subcontractors (other than Specialist Subcontractors if
permitted in ITB 33.2 of the Bidding document), or any other firm(s)
different from the Bidder to meet the requirement of EQC in Section
3.
32.3 An affirmative determination shall be a prerequisite for the opening

and evaluation of a Bidder’s Price Bid.
A negative determination shall result into the disqualification of the Bid,

in which event the Employer shall not open Price Bids of such Bidders.
32.4 The Employer reserves the right to reject the bid of the bidder found
to be bankrupt or insolvent, goes into liquidation, has a receiving or
administrative order made against him, compounds with his
creditors, or carries on business under a receiver, trustee or
manager for the benefit of his creditors, or if any act is done or
event occurs which (under applicable Laws) has a similar effect to
any of these acts or events.
33. Subcontractors 33.1 Unless otherwise stated in the BDS, the Employer does not intend
for the contractor to execute any specific elements of the Works
through nominated subcontractors.
33.2 If subcontractors are proposed for any of the key activities listed in
Section 3 (Evaluation and Qualification) Criteria 2.4.2, they shall be
considered as “Specialist Subcontractors” and shall meet
qualification requirements for the relevant key activities.
34. Correction of 34.1 During the evaluation of Price Bids, the Employer shall correct
Arithmetical arithmetical errors on the following basis:
Errors
(a) If there is a discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and quantity, the unit
price shall prevail and the total price shall be corrected, unless in
the opinion of the Employer there is an obvious misplacement of
the decimal point in the unit price, in which case the total price as
quoted shall govern and the unit price shall be corrected.
(b) If there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected.
(c) If there is a discrepancy between the bid price in the Summary of
Bill of Quantities and the bid amount in item (c) of the Letter of
Price Bid, the bid price in the Summary of Bill of Quantities will
prevail and the bid amount in item (c) of the Letter of Price Bid will
be corrected.
(d) If there is a discrepancy between words and figures, the amount in
words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in figures
shall prevail subject to (a), (b) and (c) above.
34.2 If the Bidder that submitted the lowest evaluated bid does not
accept the correction of errors mentioned in ITB 14.2 and ITB 34.1,
its Bid shall be disqualified and its bid securing declaration may be
executed.
35. Conversion to 35.1 For evaluation and comparison purposes, the currency(ies) of the
Single Currency Bid shall be converted into a single currency as specified in ITB
15.4.
36. Preferences & 36.1 Preferences & relaxations shall be applicable as specified in the
Relaxations BDS.
37. Evaluation and 37.1 The Employer shall use the criteria and methodologies listed in this
Comparison of Clause. No other evaluation criteria or methodologies shall be
Price Bids permitted.
37.2 I. To evaluate the Price Bid, the Employer shall consider the
following:
a) the bid Price, 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/Plants/ Services/Works (as defined under

General Conditions of Contract) offered from abroad, the
details of taxes and duties, applicable in the Employer’s
country and payable on the Goods if the Contract is awarded
to the Bidder are mentioned in the BDS; and
b) in the case of Goods/Plants/ Services/Works (as defined under

General Conditions of Contract) offered from within the
Employer’s country, the details of taxes and duties, applicable
in the Employer’s country and payable on the Goods if the
Contract is awarded to the Bidder are mentioned in the BDS.
37.3 The estimated effect of the price adjustment provisions of the

Conditions of Contract, applied over the period of execution of the
Contract, shall not be taken into account in bid evaluation.
37.4 If this Bidding Document allows Bidders to quote separate prices for
different contracts, and the award to a single Bidder of multiple
contracts, the methodology to determine the lowest evaluated price
of the contract combinations, including any discounts offered in the
Letter of Price Bid, is specified in Section 3 (Evaluation and
Qualification Criteria).
37.5 The Employer shall compare all substantially responsive Bids to
determine the lowest evaluated Bid price, in accordance with ITB
37.2.
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 procurement/construction
turnover as per Para 2.3.2 of EQC (Section 3).
38. Abnormally Low 38.1 An abnormally low bid is one where the bid price, in combination with
bids other elements of the bid, appears to be so low that it raises concerns
as to the capability of the Bidder to perform the contract for the offered
bid price.
When the offered bid price appears to be abnormally low, the Employer
shall undertake a three-step review process as follows:
(a) identify abnormally low costs and unit rates by comparing them
with the engineer’s estimates, other substantially responsive bids,
recently awarded similar contracts. In the first instance,
reasonability of Bidder’s offer is to be checked considering its past
experience in the similar works, Bidder’s acquaintance with the
scope of work and any favorable conditions available to the
bidder.
(b) in case reasonability of its offer is not established, Employer may
seek a written explanation from the bidder of the reasons for the
offered bid price, including a detailed analysis of costs and unit
prices, by reference to the scope, proposed methodology,
schedule, and allocation of risks and responsibilities. This may
also include information regarding the economy of the
manufacturing process; the services to be provided, or the
construction method to be used; the technical solutions to be
adopted; and any exceptionally favorable conditions available to
the bidder for the works, equipment or services proposed.
(c) After examining the explanation given and the detailed price
analyses presented by the bidder, the Employer may:
i) accept the bid, if the evidence provided satisfactorily accounts
for the low bid price and costs, in which case the bid is not
considered abnormally low;
ii) accept the bid, but require that the amount of the performance
security be increased at the expense of the bidder to a level
sufficient to protect the Employer against financial loss. The
amount of increase in performance security required to protect
Employer’s financial loss shall be calculated as below: -
1) 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:
2) 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 performance
security should not be more than 20% of accepted
contract price.
3) 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 Engineer’s Estimate (treated as one of the
substantively responsive bids).
iii) In case the evidence provided does not satisfactorily account
for the low bid price or bidder refuses to increase the amount of
performance security as required above, bid shall be rejected.
In such case, bid securing declaration shall not be executed
and make a similar determination for the next ranked bid, if
required.
39. Unbalanced Bids 39.1 If the Bid, which results in the lowest evaluated Bid Price, is
substantially unbalanced in the opinion of the Employer. A bid is
considered as substantially unbalanced, where, unit prices quoted
for the items / schedules are, say, 50% higher than the average
quoted price by other two lowest bidders and engineer’s estimate
for the same items / schedules, and where the total weightage of
the items/schedules exceeds 5 % of the total bid price.
The Employer may require the Bidder to produce detailed price

analyses for such items/schedules of the Bill of Quantities, to
demonstrate the internal consistency of those prices with the
construction methods and schedule proposed, as well as the pricing
and sources of materials, equipment and labor.
39.2 After the evaluation of the information and detailed price analysis
presented by the Bidder, the Employer may as appropriate:
(a) accept the Bid; or

(b) accept the Bid, but require that the total amount of the
Performance Security be increased at the expense of the Bidder to
a level sufficient to protect the Employer against financial loss in
the event of default of the successful Bidder under the Contract.; or
(c) reject the Bid and make a similar determination for the next ranked
bid.
40. Employer’s Right 40.1 The Employer reserves the right to accept or reject any Bid, and to
to Accept Any Bid, annul the bidding process and reject all Bids at any time prior to
and to Reject Any contract award, without assigning any reason and without incurring
or All Bids any liability to Bidders.
41. Notice of Intention Standstill provisions are not applicable.

for Award of
Contract
F. Award of Contract
42. Award Criteria 42.1 The Employer shall award the Contract to the Bidder whose offer
has been determined in line with ITB 37 to ITB 39 above to be the
lowest evaluated Bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
43. Notification of 43.1 Prior to the expiration of the period of bid validity, the Employer
Award shall transmit the Notification of Award using the form included in
Section 9 (Contract Forms) to the successful Bidder, in writing, that
its Bid has been accepted.
The equivalent of the respective currencies as submitted by the bidder

in the Price Bid shall also be stated in the Letter of Acceptance.
Letter of Acceptance will be issued in two original and identical sets, in

favour of the successful Bidder. Any one set may be retained by the
successful Bidder and the other set is required to be returned by the
successful Bidder, duly signed and stamped stating “Unconditionally
accepted” on each page (including the enclosures) by the authorized
signatory of the successful Bidder, as a token of unconditional
acceptance of the same so as to reach the Employer within seven
days of issue of this letter.
43.2 Until a formal contract is prepared and executed, the notification of

award shall constitute a binding Contract.
44. Performance 44.1 Within 28 days of the receipt of notification of award from the
Security Employer, the successful Bidder shall furnish the performance
security in accordance with the conditions of contract, subject to ITB
38 and ITB 39, using for that purpose the Performance Security
Form included in Section 9 (Contract Forms), or another form
acceptable to the Employer.
Notwithstanding the notice to proceed, commencement date shall be

after 14 days from the issuance of this Letter of Acceptance or D+1
day where the “D” is date of submission of Performance Security,
whichever is later.
44.2 Failure of the successful Bidder to submit the above-mentioned
Performance Security shall constitute sufficient grounds for the

annulment of the award and execution of the Bid-Securing
Declaration or after submission of performance security, failure of
signing of Contract Agreement shall also constitute sufficient
grounds for the annulment of the award and forfeiture of
Performance Security.
In case re-bidding is resorted to, such Bidder(s) shall not be permitted

to participate in the re-bidding process.
44.3 The above provision shall also apply to the furnishing of a domestic
preference security if so mentioned in BDS
45. Signing of 45.1 Promptly after notification of award, the Employer shall share the
Contract copy of Contract Agreement to successful Bidder for review.
The Contract Agreement shall be executed within 35 days after the

date of issue of the Letter of Acceptance and after submission of
Performance Security
45.2 The Contract Agreement will be executed within 28 days of sharing

of Contract Agreement. However, Performance Security is required
to be submitted prior to the execution of Contract Agreement.
In case, the successful Bidder considers that they will not be able to
sign, date and return the contract agreement to the employer with in
the above time limit, the successful Bidder shall inform possible date to
return to the Employer not later than 7 (seven) days prior to the time
limit. The modified time limit shall be subject to agreement by both the
contracting parties.
46. Bidding-Related 46.1 The Bidder may submit its complaint arising out in Bidding process
Complaints in writing, to:
Title/position: Group General Manager (Procurement)

Employer: National Capital Region Transport Corporation Ltd.
Email address: [email protected]
Fax number: 011-2466 6723
47. Jurisdiction of 47.1 The bidding process shall be governed by and construed in
Courts accordance with the laws of India and 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.

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Section 1 - Instructions to Bidders 1-1

Section 1: Instructions to Bidders

1. Scope of Bid ............................................................................................................................. 4

2. Source of Funds ....................................................................................................................... 7

3. Fraud and Corruption ............................................................................................................... 7

4. Eligible Bidders ........................................................................................................................ 9

5. Eligible Materials, Equipment and Services ........................................................................... 15

B. Contents of Bidding Document.................................................................................................. 15

6. Sections of Bidding Document ............................................................................................... 15

7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting .............................................. 16

8. Amendment of Bidding Document ......................................................................................... 18

C. Preparation of Bids ..................................................................................................................... 18

9. Cost of Bidding ....................................................................................................................... 18

10. Language of Bid ..................................................................................................................... 18

11. Documents Comprising the Bid ............................................................................................. 18

12. Letters of Bid and Schedules ................................................................................................. 19

13. Alternative Bids ...................................................................................................................... 19

14. Bid Prices and Discounts ....................................................................................................... 20

15. Currencies of Bid and Payment ............................................................................................. 23

16. Documents Comprising the Technical Proposal .................................................................... 25

17. Documents Establishing the Qualifications of the Bidder ...................................................... 25

18. Period of Validity of Bids ........................................................................................................ 25

19. Bid-Securing Declaration ....................................................................................................... 25

20. Format and Signing of Bid ..................................................................................................... 26

D. Submission and Opening of Bids .............................................................................................. 27

21. Sealing and Marking of Bids .................................................................................................. 27

22. Deadline for Submission of Bids ............................................................................................ 28

23. Late Bids ................................................................................................................................ 28

24. Withdrawal, Substitution, and Modification of Bids ................................................................ 28

25. Bid Opening ........................................................................................................................... 28

E. Evaluation and Comparison of Bids .......................................................................................... 29

26. Confidentiality ........................................................................................................................ 29

27. Clarification of Bids ................................................................................................................ 29

28. Deviations, Reservations, and Omissions ............................................................................. 30

29. Examination of Technical Bids .............................................................................................. 30

30. Responsiveness of Technical Bid .......................................................................................... 30

31. Nonmaterial Nonconformities ................................................................................................. 31

32. Qualification of the Bidder ...................................................................................................... 31

33. Subcontractors ....................................................................................................................... 32

34. Correction of Arithmetical Errors ............................................................................................ 32

35. Conversion to Single Currency .............................................................................................. 33

36. Domestic Preference ............................................................................................................. 33

37. Evaluation and Comparison of Price Bids .............................................................................. 32

38. Abnormally Low bids .............................................................................................................. 34

39. Unbalanced Bids .................................................................................................................... 35

41. Notice of Intention for Award of Contract ............................................................................... 36

F. Award of Contract ....................................................................................................................... 36

42. Award Criteria ........................................................................................................................ 36

43. Notification of Award .............................................................................................................. 36

44. Performance Security ............................................................................................................ 36

45. Signing of Contract ................................................................................................................ 37

46. Bidding-Related Complaints .................................................................................................. 37

47. Jurisdiction of Courts ............................................................................................................. 37

1.2 Throughout this Bidding Document,

(d) “week” means a period of seven days.

1.3 Instructions of using e-procurement portal of NIC for Bid Searching,

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

11) The bid summary has to be printed and kept as an acknowledgement of

entry pass for any bid opening meetings.

For any Technical queries related to Operation of the Central