3 Fot 1429
3 Fot 1429
TENDER DOCUMENTS
9. We are not participating, as a Tenderer, in more than one tender in this tendering process and we are
not sub-contractor to any other tenderer participating in this tendering process in accordance with A5
of ITT.
10. We do hereby undertake that we have not been banned or business by DMRC/ any other Metro
Organizations/ 100% owned by Govt.)/ Ministry of Housing & Urban Affairs/ Order of Ministry of
Commerce, applicable for all Ministries and also that none of our work was rescinded/ terminated by
DMRC/ any other Metro Organizations/ 100% owned by Govt.) after award of contract during last 3
years due to non-performance.
Address ……………………………………………………………………..………..
* Note:
If the Tenderer comprises a partnership, joint venture or consortium:
(a) The provisions marked with an asterisk are to be retained subject to deletion of the brackets
and inapplicable descriptions (i.e. partnership, joint venture or consortium).
(b) The liability of each member under the Tender, and under any contract formed upon its
acceptance, will be joint and several.
REF TO
S.N. DESCRIPTION CLAUSE REQUIREMENT
NO.
10% of the annual value of Contract Price in
types and proportions of currencies in which
Clause 4.2 of the contract price is payable. In the event of
Amount of Performance the GCC and variations during the execution of the contract
I
Security clause 3 of which result in payments to the Contractor over
SCC and above the contract price, the Performance
Security shall be adjusted in accordance with
clause 4.2 of GCC.
Latest ‘date for Clause 8.1 of Date given in LOA or Employer’s Notice to
ii
commencement’ of the Works the GCC Proceed
Period in which all insurances Clause 15.5 Within 1 week from the “date of
X
have to be effected of the GCC commencement”
UNDERTAKING
1. We, hereby undertake that, the bill of Quantities & Schedule of Payments duly completed in all
respect has been uploaded by us in Package 2 – Financial Package.
2. It is confirmed that we or any of our associates have not been engaged in any fraudulent and
corrupt practice as defined in clause 4.33 of General Conditions of Contract (GCC) and that no
agent, middleman or any intermediary has been, or will be, engaged to provide any services, or
any other items of work related to the award or any payment which may be construed as an agency
commission has been, or will be, paid and that the tender price will not include any such amount.
3. We hereby undertake that the tender and the tender documents purchased as a necessary part of
our preparation of this tender shall be used solely for the preparation of the tender and that if the
tender is successful, shall be used solely for the this works.
We further undertake that the aforesaid tender drawings and documents prepared by Delhi Metro
Rail Corporation Ltd. shall not be used in whole, in part or in any altered form on any other project,
scheme, design or proposal that the joint venture, the joint venture parent companies or sub-
contractors of the joint venture are, or will be involved with either in India or any other country.
4. We here by confirm that, we have downloaded/ read the complete set of tender documents (as
detailed in NIT Clause 1.3)/addendum/clarifications along with the set of enclosures hosted on e-
tendering portal https://eprocure.gov.in/eprocure/app. We confirm that we have gone through the
bid documents, addendums and clarifications for this work placed up to the date of opening of bids
on the e-tendering portal https://eprocure.gov.in/eprocure/app. We confirm our unconditional
acceptance for the same and have considered for these in the submission of our financial bid.
FORM OF TENDER-APPENDIX-3
1. The following are the particulars of minor deviations from the requirements of the Tender
Documents :
Note:
1. The Tenderer shall indicate price adjustment against each deviation in Appendix-3A of BOQ.
This price is the price which the tenderer shall reduce from his tender price if deviation(s)
is/are accepted by the Employer.
2. Where there is no deviation, the statement should be returned duly signed with an
endorsement indicating ‘No Deviations’. In case, Performa of deviations is not submitted or
submitted as blank, it will be construed that the tenderer has not proposed any deviations
from tender documents.
3. If the tenderer proposes deviations in tender documents and/or any other terms and
conditions of the tender, other than in this Appendix, it will have no effect.
FORM OF TENDER-APPENDIX- 4
(Page 1 of 2)
GENERAL INFORMATION DATA
(Refer Clauses A4.1 of ITT)
A. TENDERER INFORMATION SHEET
FORM OF TENDER-APPENDIX- 4
(Page 2 of 2)
MEMBER – 2
(UNDERTAKING)
(Ref. Clause C2.2 (f) of ITT)
1. I/We hereby confirm and declare that my/our firm/company M/s............................................ has not
been put on defaulter list by EPF/ESI/GST/Labour Deptt. etc. as on the date of tender submission.
2. I/We hereby confirm and declare that my/our firm/company M/s............................................ is /are
not involved in any illegal activity and/or has not been charge sheeted for any criminal act during
last five years(from the last day of the previous months of tender submission).
3. I/We further undertake that in case any of the facts sworn in as mentioned above and any
particulars mentioned in our applications are found other-wise or incorrect or false at any stage,
my/our firm/ company shall stand debarred from the present and future tenders of the DMRC.
Besides, DMRC shall be entitled to take all such actions as may be deemed fit under the provision
of this Agreement as well as under the frame work of law including termination of contract, if
awarded, without any claim for any compensation, damages, costs etc. whatsoever on account of
such premature closure of the contract.
4. We do hereby undertake that DMRC / Any other Metro organisation (100% owned by Govt.),
Ministry of Housing and Urban Affairs / Order of Minister of Commerce, applicable for all Minister
has not banned business with us as on the date of tender submission. Also any work of the value
more than 10% of NIT cost of work, executed either individually or in a JV/ Consortium, has not
been rescinded / terminated by DMRC / Any other Metro organisation (100% owned by Govt.), after
award of contract to us during last 3 years (from the last day of the previous months of tender
submission) due to our non-performance.
5. I/We do hereby undertake that we have been neither penalized with liquidated damages of 10% (or
more) of the contract value in a contract due to delay nor imposed with penalty of 10% (or more) of
the contract value due to any other reason in the works awarded by DMRC / Any other Metro
organisation (100% owned by Govt.) contract of value more than 10% of NIT cost of work executed
either individually or in a JV/ Consortium during last three years (from the last day of the previous
months of tender submission).
6. We do hereby undertake that we have not suffered bankruptcy/insolvency during the last 5 years
(from the last day of the previous months of tender submission)
I/We know that to swear a false undertaking is a crime under the law and with such knowledge only I have
swear this Undertaking.
DEPONENT
Verified at ......................... on.....................that the contents of paras 1 to 6 of this undertaking are true and
correct and no part of this is false and nothing material has been concealed or falsely stated therein.
Signature of Tenderer
(Each member in case of JV/Consortium)
DEPONENT
Note:
1. In case of JV/Consortium, the undertaking shall be submitted by each member of the
JV/Consortium.
2. The undertaking shall be signed by authorized signatory of the tenderer. In case of JV/Consortium
by the authorized signatory of the constituent members counter signed by the authorized signatory
of tenderer.
FORM OF TENDER-Appendix-5A
We understand that,
1. In case, it comes to notice of DMRC either during or even after completion of Work that
JV/Consortium members have either altered/modified the MOU/ JV agreement wrt to the MOU
submitted at tendering stage or entered a separate MOU/ Agreement or made any other
arrangement akin to a contract without the specific approval of Employer in writing, it shall be
treated as a fraudulent practice under GCC clause 4.33.1 (a) (ii) of this tender for which every
constituent member of the JV/Consortia is liable to be debarred for a period upto three years along
with such other legal actions as may be permissible under the law.
2. Apart from all of us being jointly and severally responsible we understand that each of us shall also
be individually responsible for our duties as specified in the MOU/JV agreement submitted in terms
of clause 1.2.1 (vii) (d) of NIT. In case our JV/Consortium qualifies the criteria of work experience
on the basis of our experience, each of us shall be responsible for deployment of key staff as per
clause C12 of ITT. In case of failure on our part in fulfilling these duties, the performance security
submitted by us may be forfeited by the Employer in addition to other actions.
3. We are aware that our performance shall be adjudged by the Employer on quarterly basis, and if
the same is not found satisfactory, actions as deemed appropriate by the Employer may be taken
including termination of contract or termination of any of JC/Consortium member (s) from the
contract i.e. Part Termination of the contract as elaborated in NIT clause 1.2.1 i (Eligible
Applicants) We are also aware that the performance of each of us may be specifically stated in the
work experience certificate/performance Certificates which may be issued to us during or after
execution of Work for our Business Development purposes.
AND SO ON………….
Note:
1. I/We hereby confirm and declare that I/We will ensure compliance of obtaining license for
employing contract labour.
2. I/We hereby confirm and declare that I/We will compliance of minimum wages Act by payment of
wage on 7thof every month through Bank or in the presence of nominated representative of
employer (DMRC Supervisor/manager)
3 I/We hereby confirm and declare that I/We will compliance of provision of ESI & EPF Act & will
ensure treatment in ESI hospital in case of accident/injuries suffered in performance of work and
compensation under ESI Act.
4 I/We hereby confirm and declare that I/We will send Accident report to Regional Labour
Commissioner (RLC) & ESI authorities.
5 I/We hereby confirm and declare that I/We will observance of working hours, weekly rest and
overtime payments as per minimum wages Act-1948.
S.
No. Work-I Work-II Work-III
1. Name of work
3. Award Date
Date of Completion (In case of
4.
completed works)
5. Employer’s Name
Employer’s Address: Telephone
6.
/ Fax number: E- Mail
Role in Contract(Individual OR
7.
JV/Consortium member)
Completion Cost/ Value of
actually executed Works
a. Currency (as stated in Clients
8. Certificate)
b. In equivalent INR as on last
day of the previous month of
tender submission price level
Value of “Similar Work” as per
clause 1.2.2 A of NIT. (Refer
Note 3 below)
a. Currency (as stated in Clients
9.
Certificate)
b. In equivalent INR as on last
day of the previous month of
tender submission price level
If JV/Consortium member,
specify percentage participation
in contract & amount (Please
refer Note-1)
10.
a. %age participation
b. In equivalent INR as on last
day of the previous month of
tender submission price level
Contract delayed, i.e., completed
beyond the original date of
11
completion. Please mentioned
‘Yes’ or ‘No’.
NOTE:
1. Only the value of contract as executed by the applicant/member in his own name should be indicated. Where a
work is undertaken by a group, only that portion of the contract which is undertaken by the concerned
applicant/member should be indicated and the remaining done by the other members of the group be excluded.
This is to be substantiated with documentary evidence.
2. Separate Proforma shall be used for each member in case of JV/Consortium.
3. If the above work(s) comprises of works other than “similar work” also, than client’s certificate clearly indicating the
amount of “similar work” shall be furnished by tenderer.
4. Reasons of delay whether on contractors account or on account of Employer in each applicable case need to be
enclosed separately.
5. Separate sheets for additional works, if required, as per NIT may be submitted.
Stamp &Signature of Tenderer
Attach copies of the audited balance sheets, including all related notes, income statements for the
last three audited financial years, as indicated above, complying with the following conditions.
1. Separate Performa shall be used for each member in case of JV/Consortium.
2. All such documents reflect the financial data of the Applicant or member in case of
JV/Consortium, and not sister or Parent Company.
3. Historic financial statements shall be audited by Statutory Auditor of the Company under
their seal & stamp and shall be strictly based on Audited Annual Financial results of the
relevant period(s). No statements for partial periods will be accepted.
4. Historic financial statements must be complete, including all notes to the financial
statements.
5. Return on Equity = Net Income / Shareholders Equity
Return on Equity = Net Income is for the full fiscal year (before dividends paid to common
stock holders but after dividends to preferred stock).
{Affidavit for Unaudited Balance Sheet as per First Bullet of Notes of NIT Clause 1.2.2(B)(i)}
(To be filled by the bidder* in case their Balance Sheet for F.Y. 2021-2022 has not been audited.
If the Balance sheet for F.Y. 2021-2022 has been audited then the bidder need not to fill this
form or may simply write “NOT APPLICABLE”)
of………………………………………….………...……….…………………………………………………(Name of
Company/ Firm/ Proprietorship/ Partnership) hereby confirm that the Balance sheet for Financial year
i.e. F.Y. 2021-2022 has actually not been audited/ or under finalisation so far.
Deleted
We hereby jointly and severally certify in accordance with clause '9.a' of Order no. P-45021/2/2017- PP
(BE-II) of Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade
(DPIIT), Government of India dated 04.06.2020, that the item(s) offered meets the minimum local
content of 60% / 20% and we meet the minimum local content requirement for ‘Class-I local supplier’ /
‘Class-II local supplier’ (strike-through whichever is not applicable). The details of the local value
addition enclosed asAppendix-13 of FOT.
We acknowledge that false declaration by the tenderer regarding local value addition including
payments to be made to their vendors for local value addition shall be treated as a fraudulent practice
under GCC clause 4.33.1(a) (ii) of this tender for which the tenderer or its successors can be debarred
for a period upto three years along with such other actions as may be permissible under the law.
In cases of procurement for a value in excess of Rs. 10 crores, we also undertake to submit a certificate
from statutory auditor or cost auditor of the company (in the case of companies) or from a practising
cost accountant or practising chartered accountant (in respect of suppliers other than companies) giving
the percentage of local content, in accordance with Clause ‘9.b’ of the Order no. P-45021/2/2017-PP
(BE-II) of Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade
(DPIIT), Government of India dated 04.06.2020, after completion of works to the Engineer.
Note:
1. This appendix need to be submitted only by Class-I local supplier’ / ‘Class-II local supplier’ as
defined in Clause 1.2.1 ix of NIT.
2. The undertaking shall be signed by authorized signatory of the tenderer. In case of
JV/Consortium by the authorized signatory of the constituent members counter signed by the
authorized signatory of tenderer.
Proforma for Submission of the List of the Goods, Works & Services Tentatively Proposed to be
offered with Local Value Addition
1. Schedule-A
UNDERTAKING
I/We [Name of the bidder] have read the clause(s) regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to contractors from such
countries. I/We [Name of the bidder] certify that we are not from such a country or, if from such a country,
has been registered with the Competent Authority and will not sub-contract any work to a contractor
from such countries unless such contractors with the Competent Authority. I/We hereby certify that
[Name of bidder] fulfils all requirements in this regard and is eligible to be considered.
*Strike off the highlighted text in case of tenders for Works not involving possibility of sub-contracting.
NOTE:
1. In case of JV/Consortium, the undertaking shall be submitted by each member of the JV/Consortium.
2. The undertaking shall be signed by authorized signatory of the tenderer or constituent member in case
of JV/Consortium.
If the aforesaid certificate given by a bidder whose bid is accepted is found to be false, it will be considered
as “fraudulent practice” under clause 4.33.1a (ii) of GCC and this would be a ground for immediate
termination besides taking further action as per Clause 4.33.1(b) /legal action in accordance with law.
NEFT/ RTGS
2. Complete Address:
3. PAN of Tenderer:
4. GSTIN of Tenderer:
6. Branch:
8. Account Type:
9. Account Number:
12. Whether a cancelled Cheque of the Bidder/Firm submitted: Yes or No (Please tick)
Notes:-
a) EMD/Tender Security will be refunded through NEFT/RTGS/IMPS/DD/Banker’s Cheque/ any
other mode of payment, in the name of firm and bank account mentioned in this appendix, which
shall be of same firm and account through which EMD/Tender Security has been paid to DMRC.
b) EMD/Tender Security shall be paid in compliance with ITT Clause C18.1.2 / C18.1.3
Note:
1. In case of JV/Consortium, this information shall be submitted by each member of the JV/Consortium.
2. This information shall be signed by authorized signatory of the tenderer. In case of JV/Consortium by
the authorized signatory of the constituent members counter signed by the authorized signatory of
tenderer.
I have checked the above list with our submittal. I am also aware that if the application is not containing the
above documents, our application is likely to be rejected.
Seal:
Date:
STAMP & SIGNATURE OF AUTHORIZED SIGNATORY
ON BEHALF OF TENDERER