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NOTICE INVITING TENDER ON ALL INDIA BASIS

NIT: - EE.XVIII/2007-08/09 Dated: 31.08.07

1) The Executive Engineer-XVIII, S.P Zone, on behalf of the Commissioner, MCD, invites applica-tions for sale of tender from eligible & competent contractors/firms/joint venture companies for the execution of following work on design and construct basis.

Name of work: Construction of Grade Separator at Rani Jhansi Road.Approximate Cost: Rs. 82.00 Crore; Period of completion: 30 Months.

The scope of all work includes construction of flyovers and surface level development works mainly roads and drainage.

2) Being specialized job any firm or contractor who is not registered in Municipal Corporation of Delhi but having experience in this field will also be eligible for tendering. In case the applica-tion is being submitted by a consortium of partners/companies/organization the lead bidder should fulfill eligibility condition and also submit their acceptance of all consortium partners along with the application. Mere issue of tender to an intending bidder doesn’t ensure the eligi-bility to participate in the bid, which shall be decided on the basis of eligibility/qualification cri -teria and the responsiveness of the bidder in the technical bid.

3) Contractors/firms/joint venture companies who fulfill the eligibility/qualification criteria as laid down in the tender document section 3 shall be eligible.

4) For sale of tender, the applicants must request in writing to the undersigned at the address Exec-utive Engineer-XVIII, S.P.Zone, 6th Floor, Nigam Bhawan, Kashmere Gate, Delhi on pay-ment of Rs.10,000.00 (Ten Thousand Only)-(non refundable) on or before 24.09.07 in the shape of Bank Draft drawn on scheduled banks payable at Delhi in favour of the Commissioner, Mu-nicipal Corporation of Delhi. The schedule of tender issue and submission is given below:-a) Application for sale of tender up to - 24.09.07b) Issue of tender document - 01.10.07 to 05.10.07c) Date of Pre-Bid meeting - 16.10.07 d) Submission of Technical and Financial Bid - 07.11.07d) Opening of Technical Bid - 07.11.07f) Opening of Financial Bid - 21.11.07 (Tentative)

The other details regarding time and place for pre-bid meeting, submission & opening of tender shall be given in the tender document. For any further enquiry, undersigned may be contacted at Mobile No.0-9910388352 or office phone number Ph.011-23988845

Sd/-Ex. Engineer-XVIII

Municipal Corporation of Delhi6th Floor, Nigam Bhawan, Kashmere Gate, Delhi

Grade Separator at Rani Jhansi Road

MUNICIPAL CORPORATION OF DELHI

SECTION-3

INSTRUCTIONS TO TENDERERS

A. GENERAL

1 Scope of Tender

1.1 This invitation for tender is open only to eligible and competent tenderers who shall qualify in the Technical Bid.

1.2 The Executive Engineer, Division – XVIII, MCD on behalf of Commissioner MCD invites tender for the construction of “Grade Separator at Rani Jhansi Road”

1.3 The successful bidder will be expected to complete the works by the intended completion date specified in the Invitation For Bids

1.4 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives (bidder/tenderer, bid/tender, bidding/tendering, etc.) are synonymous.

2 Eligibility/Qualification Criteria for award of contract

3.1 A. To qualify for award of the contract, each bidder in its name should have in the last five years ending March 2007

a) Achieved a minimum average annual financial turnover (in all classes of civil engineering construction works only) of Rs. 80.00 Crores.

b) Satisfactorily completed (not less than 90% of contract value), as a prime contractor at least one similar work of value not less than Rs. 64.00 Crores or two works each costing not less than Rs. 40.00 crores or three works each costing not less than Rs. 32.00 crores. (attested copies of certificate for satisfactory completion of works issued by an officer not below the rank Executive Engineer giving the contact details of the officer to be attached)

Note:-Similar works means Civil work of bridges/Flyovers with provision of item of pre cast pre-stressed RCC girders/segment box girders.

B. Each bidder should further demonstrate: (a) Availability (either owned or leased or by procurement against

mobilization advances) of the key and critical equipment for this work as per clause 18 of this section.

The bidders should, however, undertake their own studies and furnish with their bid, a detailed construction planning and methodology supported with layout and necessary drawings and calculations (detailed) to allow the employer to review their proposals. The numbers, types and capacities of each plant/equipment shall be shown in the proposals along with the cycle time for each operation for the given production capacity to match the requirements.

(b) availability for this work of personnel with adequate experience as required; as per clause 19 of this Section.



3.2 Sub-contractors' experience and resources shall not be taken into account in determining the bidder's compliance with the qualifying criteria.

3.3 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have:

- made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements; and/or

- record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history, or financial failures etc.; and/or

- participated in the previous bidding for the same work and had quoted unreasonably high bid prices and could not furnish rational justification to the employer.

4 All tenders to be submitted shall include the following information

a) General information of the tenderer shall be furnished in Form T-1. Copies of original documents defining the constitution and legal status, certificate of registration and ownership, principal place of business of the company, Corporation firm, partnership or, if a joint venture including consortium, of each party thereto constituting the tenderer will also be required to be furnished. Information regarding any current litigation in which the tenderer (or any party to a joint venture) is involved shall also be given through Form T-1.

b) In the case of tender by a joint venture of two or more firms or companies as part-ners or as members of consortium as the case may be, joint venture data in the format prescribed (Form T-1) alongwith the documents mentioned therein must be furnished. The following requirements shall also be complied with:

i) One of the partners shall be nominated as being Partner-in-Charge. This authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners. The consortium will similarly authorize a person to be in-charge and this authorization shall be evi-denced by a power of attorney in favour of that person by all constituents forming the consortium.

ii) The tender, and in the case of successful tender, the Form of Agreement shall be signed by each partners/constituents, so as to be legally binding on all partners/constituents as the case may be.

iii) The partner in charge or the person in charge as aforesaid shall be authorized to incur liabilities and receive instructions for and on behalf of any and all the partners of the joint venture or constituents of the consortium and the entire execution of the contract including payment shall be carried out exclusively through the partner in charge of joint venture and person in charge of a consortium.



iv) All partners of the Joint Venture or constituents of the consortium shall be liable jointly and severally for the execution of the contract in accordance with the contract terms and a relevant statement to this effect shall be included in the authorization mentioned under (ii) above as well as in the Form of the Tender and the Form of Agreement (in case of a successful tender).

v) In the event of default of any partner in the case of joint venture and constituents in the case of consortium in the execution of his part of the Contract, the partner/person in charge will have the authority to assign the work to any other party ac-ceptable to the Employer to ensure the execution of that part of the contract.

vi) A copy of the Agreement entered by the joint venture partners shall be submitted with the tender. This has to be in a format acceptable to the Employer.

c) Financial data and Experience Record of the Tenderer to be furnished in format prescribed (Form T-II , T-III & TIV)

d) The qualifications and experience of key personnel proposed for administration and execution of the contract, both on and off site to be given in the format prescribed (Form T-V & T-VI)

e) Details of the plants & equipment proposed to be deployed on the project to be furnished in format prescribed (Form T-VII).

f) Details of quality assurance systems and organisation to en-force the same (Tenderer to furnish the details in a narrative form).

g) In the case of a joint venture/consortium, information as re-quired under Sub-Clause 2.1.2c to 2.1.2f in respect of each partner/company including Forms T-II to T-VI will be re-quired to be furnished. (Additional Sheets may be used where necessary).

h) Bank Solvency Certificate T-VIII.

i) Relevant experience of similar nature of work in narrative form giving details of the projects.

4.1 The information supplied as detailed above will be used in the evaluation of tenders. Each page T-1 to T-VIII and additional information shall be signed by the authorized signatory.

Power of Attorney in favour of the signatory will be required to be furnished.



4.2 Cancellation or creation of a document such as Power of Attorney, partnership deed, constitution of firm etc. which may have bearing on the tender/contract shall be communicated forthwith in writing by the tenderer to the Engineer and the Employer.

4.3 If the agency gives any wrong information or suppresses any material facts, the Employer shall be free to reject such a tender at any stage and even cancel the contract (after the acceptance of the tender) at the risk and cost of the agency.

5 Cost of Tendering

The tenderer shall bear all the cost associated with the preparation and submission of his tender as per scope of work. General conditions of Contact (GCC) & Special Conditions of Contract (SCC) and other provisions, of the tender documents and the Employer will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tendering process.

6 One Bid Per Bidder

Each Tenderer shall submit only one tender either him self or as a Lead Partner/Lead Constituent in a joint venture/consortium for the work. The tenderer who submits more than one tender for the same work will be disqualified.

7 Site visit

The Tenderer is advised to visit and examine the site of work and its surroundings at his/their cost and obtain for himself on his own responsibility, all information that may be necessary for preparing the tender and entering into a contract.

i) The Tenderer shall be deemed to have inspected the site and its surroundings be-fore hand and taken into account all relevant factors pertaining to the site in the preparation and submission of the Tender.

ii) The Tenderer(s) must get aquatinted with the proposed site for the work and study specifications and conditions carefully before tendering. The work shall be exe-cuted as per programme approved by the Engineer-in-Charge. The site shall be made available in parts resulting in some unavoidable delays and the programme of construction shall be modified accordingly and the contractor shall have no claim for any extra cost or compensation on this account. Further amount being damages caused due to any reason whatsoever on account of Excepted Risks (Excepted risks are defined in clause 2.8 of General Conditions of Contract, Sec-tion-V) including natural calamities shall not be payable to the contractor in any manner at any time in lieu of the work in question.

iii) A number of agencies / departments shall be working in this area. The successful tenderer shall work in close co-ordination with them and if there is some delay at any location for handing over the site or there is some unforeseen hindrance at any particular location, the successful tenderer shall modify their programme ac-cordingly and nothing extra shall be payable on this account.



8 Geo Technical Data

Preliminary geotechnical investigation has not been carried out by the M.C.D. The agency to whom work is awarded shall be required to carry out detailed investigations (at his own cost), as required for designing of the structure and other requirements, through a Geotechnical consultant pre-qualified for major bridges, high embankments, flyovers and grade separators by Ministry of Road Transport and Highways. However no claim shall be admissible on whatsoever ground, in case detailed sub soil investigation by the tenderer reveals different geotechnical data than that anticipated by the MCD for preparation of tentative GAD of structure enclosed with the tender.

B. TENDER DOCUMENTS

9 General

9.1 The tenderer is expected to examine carefully all the contents of the tender documents in-cluding instructions, conditions of Contract, forms, terms and specifications and drawings and take them fully into account before submitting his offer. Failure to comply with the re-quirements as detailed in these documents shall be at the tenderer’s own risk. Tenders which are not substantially responsive to the requirements of the tender documents will be rejected.

9.2 The Standard specifications books like the Technical specifications of MORT&H and IRC and other codes and specifications referred to in the Technical specifications or the special conditions shall not be issued alongwith the Tender documents, but shall be deemed to be integral part of the tender/contract though these are not signed by the tenderer. These specification books which are priced publications can be purchased by the tenderer/con-tractor from the respective departments separately.

10 Clarifications on Tender Documents

10.1 While all out efforts have been made to avoid errors in the drafting of the tender docu-ments, the tenderer is advised to check the same carefully. No claim on account of any er-rors detected in the tender documents shall be entertained.

10.2 A prospective tenderer requiring any clarification of the tender documents may notify the Executive Engineer in writing or by cable (hereinafter “Cable” includes telefax and fac-simile). Written copies of the Engineer’s response (including an explanation on the query but without identifying the source of enquiry) will be sent to all prospective tenderers who have received the tender documents. Only written communications/clarifications shall be considered as valid.

11 Pre Tender Meeting

11.1 The purpose of the meeting will be only to clarify issues and to answer questions on any matter that may be raised at that stage. Tenderers may take this opportunity to make vis-its to work site.

11.2 The tenderer should submit list of queries/clarifications in writing or by telefax before the date fixed for pre tender meeting.



11.3 Any substantive clarification or modification arising out of the pre-tender meeting would be formalized only by an addendum to the Tender Documents as per procedure outlined in Clause 7 section-2.

11.4 The Employer / Engineer may decide not to reply to any of the queries if the same are considered not necessary to be answered for the bid to be submitted, and his decision in this regard shall be final.

11.5 Non attendance of the meeting would not be a cause for disqualification of a Tenderer.

12 Amendment to Tender Documents

12.1 At any time prior to the deadline for the submission of tenders, the Employer may, for any reason, whether at his own initiative or in response to a clarification or query raised by a prospective tenderer, modify the tender documents by issuing an addenda.

12.2 Any addendum issued shall be part of the Tender documents and shall be communicated in writing or by cable to all purchasers of the Tender Documents to reach them at least 10 days prior to the deadline for the submission of tenders. This communication will be in writing through letter or telefax and the same shall be binding upon them. Prospective tenderers shall acknowledge receipt of each addendum in writing or by cable to the Em-ployer. The Employer shall assume no responsibility for postal delays.

12.3 All documents issued for the purpose for tendering and any amendments issued shall be deemed as incorporated in the Tender.

C. PREPARATION OF TENDERS

13 Documents comprising the Tender

13.1 Documents to be submitted by the Tenderer have been listed in Appendix I. This list of documents has been prepared mainly for the convenience of the tenderer and any omis-sion on the part of Employer shall not absolve the tenderer of his responsibility of going through the various clauses in the Tender documents including the specifications and to submit all the details specifically called for (or implied) in those clauses.

13.2 The tenderer shall furnish an undertaking that he has acquainted himself, in consultation with Engineer-in-charge, with the overall scope of work, structural schemes, related con-struction technique/sequences of construction etc. based on which tender documents have been finalised, and he has acquired first hand knowledge in this respect.

14 Work Schedule

The tenderer is required to submit along with the Tender a work schedule for the entire work. The schedule shall be a detailed programme with the dates and methodology showing the approach to the execution of the work so as to complete the work within the time of completion stipulated. The detailed programme in the form of a Microsoft Project Management Software/Primavera shall include all activities from commencement to commissioning.

15 Construction Methodology:



The tenderer shall furnish the detailed construction methodology and construction sequence proposed to be adopted for the construction of main flyover, roads, drainage, footpath and landscape etc. covering full scope of the work. The construction methodology shall be prepared considering the site constraints like availability of site in phases and execution of work in extremely congested locations with heavy traffic. The construction methodology shall have to ensure the following:

- Safety of adjacent and overhead structures during and after the construction. - To cause least inconvenience to the traffic during construction. - Least environmental pollution during the construction.

The bidder shall also submit construction phasing cum diversion scheme, keeping in view the site conditions like heavy traffic volume on Rani Jhansi Road and Boulevard Road. The work shall be carried out as per construction phasing and diversion scheme approved by Engineer-in-Charge.

16 Activity Chart cum construction schedule:

The stipulated period of completion is 30 months. The bidders have to submit their construction schedule not exceeding the stipulated period in the form of Microsoft Project Management Software / Prima Vera, duly related with the approved construction phasing. The contractor has to submit monthly program and progress report.

A mile stone chart covering start and completion of following activities shall be submitted along with the Tender:

i) Mobilization ii) Setting up of contractor's compound and batching plant etc. iii) Finalization of concrete Design mixiv) Detailed Survey and submission of all designs and drawings to proof consultant.v) Making and testing initial vertical load test pile vi) Layout of alignment and leveling for setting out of work. vii) Piles and Integrity testing of piles viii) Pile Caps construction and Piers ix) Superstructure construction with pre-cast pre-stressed concrete segments. x) Casting of crash barriers xi) Reinforced Soil wall and RCC walls including road works and drainage works. xii) Procurement and Installation of Bearings and Expansion Joints xiii) Other remaining items like railings, utilities and service building etc.xiv) Finishing works and handing over the site

17 Material Procurement Schedule

Commensurate with the proposed overall construction plan, the bidder shall prepare and submit a material procurement schedule. This schedule shall include a list of material including complete shuttering/staging including all accessories and couplers with total estimated quantities and their procurement plan on a time scale. Where phased procurement of any material is envisaged, the bidder shall also furnish the details of quantities in each phase and the timing of delivery at site.



The major/important materials for which the material procurement schedule is required to be submitted include:

Cement Aggregate: (Coarse and Fine) Steel Reinforcement Pre-stressing steel and accessories Bearings Expansion Joints Fly Ash / Earth for Embankment Fill Bitumen. Drainage pipes and splasher / spreaders Staging and shuttering material Reinforced soil wall materials Structural steel

18 Plants and Equipments

The contractor has to arrange a minimum number of following major plants and equipment in good working condition required for execution of work al appropriate time. The penalties for non mobilization shall be applicable as per relevant clause in special conditions of contract.

Sl. No.

Equipment Capacity(Minimum)

Number(Minimum)

1 Fully automatic computerized concrete batching and mixing plant as per the specifications with print outs for admixture, concrete batching and other items

30 cum/hour 1

2 Transit mixers 6 cum 63 Concrete pumps (One stationery and one

Placer boom)30 cum/hour 2

4 Vibratory Rollers (Front drum) 8-10 tonnes 15 Piling rig (Hydraulic operated rotary type for

bored cast-in-situ piles)1

6 Tippers & dumpers 127 Poclain (excavator) 60cum/hr 18 Dozer 160hp 19 JCB 110 Cranes 60 ton 111 Cranes 40 ton 112 Crane 20 ton 113 Crane 10 ton 214 Dewatering pumps 15 & 20 hp 215 Motor grader 116 Water tanker with sprinkler 5000 lts 217 Bar bending and bar cutting machine 218 Core Cutting Machine 119 Welding machines 120 Painting equipments 2



Sl. No.

Equipment Capacity(Minimum)

Number(Minimum)

21 Low bedded trailer (for transporting pre-cast segments/girders)

4

22 Gantry for pre-casting yard for handling stacking etc. of segments/girders

1

23 Complete hardware units for pre-stressing system (including hydraulic jacks and pumps)

2

The above list of plants and equipment is not exhaustive and the actual requirement may be more. The contractor shall also submit the list of other plants and equipment (indicating number and capacity) such as Trucks, Compressors, Generators, Water Pumps, and gas cutters etc, proposed to be used during the execution of the work. If the contractor wishes to use lesser number of equipments, he should justify it by giving detailed program to complete the work within the stipulated time. However this shall not relieve the contractor of his responsibilities to complete the work within the stipulated time.

The details in respect of the above mentioned equipments shall be supplied by the tenderer in the under mentioned pro-forma:

S. No.

Equipment Name

No. of units to be deployed for the work

Are these equipment

available with the agency

If answer to (4) is ‘yes’,

then its capacity

Location where

presently installed

Number, capacity and make of

equipment to be newly purchased /

hired(1) (2) (3) (4) (5) (6) (7)

All constructional tools, plants and machineries provided by the contractor shall when brought on to the site, be deemed to be exclusively intended for the construction and completion o[ the works and the contractor shall not remove the same or any part thereof from the construction site, without the consent in writing of the Engineer-in-charge. All T&P and machinery including formwork mobilized by the contractor for execution of this work shall remain his property and shall be demobilized and taken away from the site after completion of said work. All machinery and equipments brought for the work shall be in good working condition with average age not more than 5 years.

19 Contractor’s Organization for the Project

The bidder will furnish their organization set up along with the list and bio-data of persons to be deployed at various levels and for various item of work. The contractor shall supply information on experience and qualification of the key person and an alternate for each position, both of whom should meet the following minimum experience requirements:



Sl. No

Designation (Principal Technical / Technical

Representative)

Minimum Qualificatio

n of Technical

Representative

Minimum

Experience in years

Number

Remarks*

1 Project Manager

Graduate Engineer

15 1 Should have completed minimum one major bridge/viaduct/flyover at site, as Project Manager.

2 Deputy Project

Manager

Graduate Engineer

12 1 Should have completed minimum one major flyover with pre-cast segmental/ girder construction and for overall in-charge of the casting yard.

3 Project Engineer/

Asstt. Engineer

Graduate Engineer

8 3 For on site supervision of various items of works and co-ordination with deptt. site engineers.

4 Site Engineer/ Jr. Engineer

BE (Civil) or Diploma

2 or 5 5 For on site supervision of various items of works.

5 Concrete Technologies /

Quality Engineer

Graduate Engineer

8 1 Should have been in-charge of Batching Plants, Laboratory for testing of materials for a major bridge/ flyover project.

6 Surveyor Minimum Diploma Engineer

8 1 Should have relevant experience in surveying using total station and Auto-cad & M.S. Excel.

7 Project Planning /

Billng Engineer

Graduate Engineer

6 2 Should have relevant experience in Project Planning in M.S. Projects/ Primavera, estimation, resource planning, billing MIS etc. he will prepare computerized /schedules/Plans, progress reports, bills for submission to the department.

8 AE Mechanical BE (Mech.)or Diploma

(Mech.)

5 or 8 1 Should have relevant experience in the field of const. of flyovers and roads.

9 JE(Electrical) BE or Diploma

2 or 5 1 Should have relevant experience in the field of const. of flyovers and roads.

** Similar works means, pre-cast segmental/girders construction, Pre-stressed / Segmental, Bridges or flyovers. The Engineer from either of these fields must be deputed as per nature of work assigned lo them at site.

The broad details of subordinating supervisory staff, mechanics/electricians, masons, Machine / crane operators, accounts and administration staff etc. shall also be submitted.



If during the course of execution, the Engineer-in-charge is of the opinion that the deployed staff is not sufficient or not well experienced; the contractor may be asked to deploy more staff or better experienced staff at site to complete the work in stipulated time.

20 Contractor’s Design Consultant names to be given: The bidder shall furnish the name of design consultant to be engaged for this work in the Technical Bid.

The Design consultant / Firm should have their office in Delhi or NCR region and should have executed/substantially completed the works of providing comprehensive consultancy including structural design of Flyovers / Bridges having the components of Pre-cast Pre-stressed Girders / Segments in addition to other items of foundation like Pile or well foundation etc as per the financial criteria given below. In addition to this, the design consultant firm should also be on the panel of MORT&H list of approved consultants in the category of bridges vide no. RW/NH-34054/1/2006-S&R(B), dated 2nd

April 2007.

a) Three works of Rs.32.00crores. b) Two works of Rs.40.00crores. c) One works of Rs.80.00crores.

The name of design consultant given in the technical bid shall be final and binding on the contractor for the entire construction period i.e. later on contractor can not change the consultant at its own and in case of exigencies or due to poor or unsatisfactory performance of the consultant, Engineer in charge can engage the new consultant at his own as per the above mentioned requirements, and shall be binding on the contractor i/c the fee demanded by the consultant.

21 Tender Amount

21.1 The tenderer is required to quote for the entire work as per tender documents.

21.2 The rates/costs quoted by the tenderer shall be reasonable and not unbalanced. Should the engineer come across any unbalanced rates/costs, he may require the tenderer to furnish detailed analysis to justify the same. If after his examination, the Executive Engineer still feels the rates/costs to be unbalanced he may ask the Tenderer for additional security De-posit or other safeguards to protect Employer’s interest against financial loss. Should the tenderer fail to comply with this, his tender shall be liable to be rejected by the Employer, who may award the Contract to any other tenderer.

21.3 The Tenderer shall keep the contents of this tender and rates quoted by him confi-dential.

22 Currencies of the Tender



Tender amount shall be quoted in Indian Rupees only.

23 Tender Validity

23.1 The tender shall remain valid and open for acceptance for a period of 150 days (One Hundred and Fifty days) from the date of opening of Price Bid.

23.2 In exceptional circumstances, prior to expiry of the original tender validity period, Exec-utive Engineer may request the tenderers for a specified extension in the period of valid-ity. The request and the response thereto shall be made in writing or, by telefax. A ten-derer may refuse the request, without forfeiting his tender security. A tenderer agreeing to the request, shall not be required or permitted to modify his tender but will be required to extend the validity of his earnest money correspondingly.

24 Earnest Money

The tenderer shall furnish, as earnest money, an amount of Rs 1,07,00,000/- (Rupees One Crore Seven Lac Only) out of which Rs. 25,00,000/- (Rupees Twenty Five Lac Only) shall be deposited in form of pay order/demand draft and balance amount of Rs. 82,00,000/- (Rupees Eighty Two Lac Only) in the shape of Bank Guarantee.

25 Interest on Earnest Money Deposit

No interest will be payable by the Employer on the earnest money amount cited above.

26 Format and Signing of Tenders

26.1 a) If the tender is submitted by a proprietary firm, it shall be signed by the proprietor above his full name and the full name of his firm with its current address.

b) If the tender is submitted by a firm in partnership, it shall be signed by a partner holding the Power of Attorney for the firm. A certified copy of the partnership deed and Power of Attorney shall accompany the tender. Alternatively, it shall be signed by all the partners.

c) If the tender is submitted by a limited company or a limited corporation, it shall be signed by a duly authorized person holding the power of attorney for the firm. A certified copy of Power of Attorney shall accompany the tender. Such limited company or corporation may be required to furnish satisfactory evidence of its existence before the contract is awarded.

d) If the tender is submitted by a Joint Venture or consortium of two or more firms, it shall submit complete information pertaining to each firm in the joint venture or consortium and state along with the tender as to which one of the following firms shall have the responsibility of tendering and for completion and due performance of the contract and also furnish evidence admissible in law in respect of the authority, assigned to such firm on behalf of the joint venture or consortium for tendering, completion and evidence pertaining to the participation of each member of the joint venture or consortium in the tender shall be furnished along with the tender. All members shall be jointly and severally responsible to the Employer. Provisions under Sub-clauses 2.1.2 may be referred to in this context.



26.2 a) Entries to be filled in the tender shall be typed or written in indelible ink. Each page of such document should be signed in full at the bottom by the person submitting the tender along with the date of signing. Each page of printed documents should be initiated at the bottom by the person submitting the tender alongwith the date of initialing.

b) The person signing/initialing the documents shall be one who is duly authorized in writing by or for and on behalf of the tenderer and / or by a Statute Attorney of the Tenderer. Such authority in writing in favour of the person signing the tender and/or notarially certified copy of Power of Attorney as the case may be shall be enclosed alongwith the tender.

26.3 The complete tender shall be without alteration, overwriting, interlineations or erasures except those to accord with instructions issued by the employer or as necessary to cor-rect errors made by the tenderer. All amendments shall be initialed by the person or per-sons signing the tender. There shall be no erasures.

26.4 Special care shall be taken to write the rates in figures and words both and the amount in figures in such a way that interpolation is not possible. The total amount should be written both in figures and in words. In case of figures, the word “Rs.” Should be writ-ten before the figure of Rupees and “P” after the decimal figure e.g. Rs. 22.15 P. And in case of words, the word “Rupees” should precede and the word “Paise” should be writ-ten at the end. Unless the rate is in whole Rupees and followed by the word only. It should invariably be in two decimal places.

26.5 All witnesses and sureties shall be persons of status and probity and their full names, occupations and addresses shall be written below their signatures.

D. SUBMISSION OF TENDERS

27 Sealing and Marking of Tenders

27.1 The tenderer shall follow the procedure as indicated below :

One copy of the documents as listed under Appendix-II for Technical Bid shall be submitted in Envelop No. 1 duly sealed and marked Technical Bid. The envelop should bear on the cover the name and address of the tenderer and should be addressed to the Employer duly subscribing on top the Name of work.

27.2 The Tender and Price Bid only shall be placed in envelop No. 2 and duly sealed and marked Price Bid in similar manner.

27.3 Both envelop No. 1 & 2 shall then be placed in an outer cover which shall bear the Ten-der Number, Name of work and deadline time and date of opening and shall be duly sealed.

27.4 No responsibility will be accepted by the Employer for the misplacement or premature opening of a tender, not sealed or marked as per aforesaid instructions.

28 Deadline for submission of Tender

28.1 Tenders must be received by the Employer at the address, time and date specified in the NIT.



28.2 Tenders may be submitted in person to the Employer or sent through post or courier sys-tem. The Employer cannot take any cognizance and shall not be responsible for delay in transit. The tenders should reach the Employer before the deadline time and date stipu-lated in NIT.

29 Tenders not submitted in sealed envelop

Tenders sent telegraphically or through other means of transmission (Telex, Telefax etc.) which cannot be delivered in a sealed envelope shall be treated as defective, invalid and shall stand rejected.

30 Late Tenders

Any tender received by the Employer after the deadline prescribed by the Employer for submission of tender in NIT & Sub Clause 2.17.1 herein may be returned unopened to the tenderer.

E. TENDER OPENING AND EVALUATION

31 Tender Opening

31.1 The Employer or his authorized representative will open the first envelop i.e. Technical Bid in the presence of tenderers or their duly authorized representatives (having proper authority on the letter head of the tenderer) who chose to attend at 15.30 Hrs (IST) on date specified in the NIT. If such nominated date for opening of tender is subsequently declared as a public holiday by the Employer, the next official working day shall be deemed as the date of opening of tender. Only the Technical Bid, Envelop No. 1 shall be opened on this appointed day.

31.2 The Tender of any tenderer who has not complied with one or more of the foregoing in-structions may not be considered.

31.3 The Employer/Engineer or his representative will examine the tenders to determine whether they are complete in all respect, having the requisite Earnest Money and fulfill all the requirements for Technical Bid as stipulated in Appendix-II of the Tender Docu-ment and documents have been properly signed.

31.4 The tenderer name, the presence or absence of the requisite Earnest Money and such other details as the Employer or his authorised representative, at his discretion may con-sider appropriate will be announced at the time of tender opening.

31.5 The second envelop i.e. the Tender including Price Bid of all tenderers whose technical Bid is complete in all respect shall be kept intact for opening on a subsequent date.

32 Process to be Confidential

32.1 Except the public opening of the tender, information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the Technical qualification shall not be disclosed to tenderers or other persons not officially concerned with such process.



32.2 Any effort by a tenderer to influence the Employer / Engineer in the process of examination, clarification and evaluation may result in the rejection of the tenderer’s tender.

32.3 The tenderers whose Bids are considered to be technically responsive shall be instructed for opening the Price Bid on date and time to be fixed by the Engineer-In-Charge. The Price Bids of tenderers whose technical Bid is found not responsive shall be returned unopened.

32.4 The Price Bids shall be opened in the presence of intending tenderers in a similar manner as the Technical Bid.

33 Clarification of Tenders

To assist in the examination, evaluation and comparison of tenders, the Engineer/Employer may ask tenderers individually for clarification of their tenders including breakdown of the prices. The request for clarification and the response shall be in writing or by telefax or telex but no change in the price or substance of the tender shall be sought, offered or per-mitted except as required to confirm correction of arithmetical errors discovered by the En-gineer during the evaluation of tenders.

34 Determination of Responsiveness

34.1 Prior to the detailed evaluation of tenders, the Engineer will determine whether each ten-der is responsive to the requirements of the tender documents. This shall be done sepa-rately at the state of evaluation of Technical Bid.

34.2 For the purpose of this Clause, a substantially responsive tender is one which conforms to all the requirements as mentioned in Appendix II of this document, terms, conditions and specifications of the tender documents without material deviation or reservation. “Devia-tion” may include exceptions, exclusions and qualifications. A material deviation or reser-vation means that affects in any substantial way the scope, quality, performance or admin-istration of the works to be undertaken by the tenderer under the contract or that “limits in any substantial way, the Employer’s right or the tenderers obligations under the contract as provided for in the Tender documents and/or is of an essential condition, the rectification of which would affect unfairly the competitive position of other tenderers presenting sub-stantially responsive tenders at reasonable prices.

34.3 If a tender is not substantially responsive to the requirements of the tender documents or if the construction method proposed by the tenderer is considered impracticable, it will be rejected by the Employer, and will not subsequently be permitted to be made responsive by the tenderer by correction or withdrawal of the non conformity or infirmity. In case a tender is found non responsive during evaluation of Technical Bid, in that case the Price bid of such tenderers shall not be opened

34.4 The decision of the Engineer as to which of the tenders are not substantially responsive or have impractical construction technology shall be final

35 Correction of Errors

35.1 Tenders determined to be substantially responsive will be checked by the Engineer/Em-ployer for any arithmetical errors in computation and summation. Errors will be corrected



by the Employer/Engineer such that where there is a discrepancy between amounts in fig-ures and in words, the amount in words will govern.

35.2 If a tenderer does not accept the correction of errors as outlined above, his tender will be rejected and his earnest money shall be forfeited.

36 Evaluation of Tender

36.1 The Employer / Engineer will evaluate and compare only those tenders determined to be substantially responsive, based on the requirements of the tender documents.

36.2 The Employer / Engineer will evaluate and compare only those tenders determined to be substantially responsive, based on the requirements of the tender documents.

36.3 The evaluation by the Employer/Engineer will take into account in addition to the tender amount the following factors :

a) Arithmetical errors corrected by the Employer/Engineer in accordance with Clause 35

b) Such other factors of administrative nature as the Employer/Engineer may consider to have a potentially significant impact on contract execution, price and payments, including the effect of items or unit rates that are unbalanced or unrealistically provided.

36.4 Other deviation and factors which are in excess of the requirements of the tender docu-ments or otherwise will result in the accrual of unsolicited benefits to the tenderer, shall not be taken into account in tender evaluation.

36.5 Price adjustment provisions applicable during the period of execution of the Contract shall not be taken into account in tender evaluation.

F. AWARD OF CONTRACT37 Award Criteria

The Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the requirement of the bidding documents and who has offered the lowest total cost of the works.

38 Employer’s right to accept any Bid and Reject any or all Bids

Not withstanding Clause 39 of this section, the Employer reserves the right to accept or re-ject any bid and to cancel the bidding process and reject all bids, at any time prior to award of Contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Employer’s action.

39 Notification of Award and signing of Agreement

39.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the period of bid validity by cable, telex or facsimile confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called “the Let-ter of Acceptance”) shall name the sum which the Employer will pay to the Contractor in



consideration of the design, execution, completion and maintenance of the Works by the Contractor as prescribed by Contract, (hereinafter and in the Conditions of Contract called “the Tendered Value”).

39.2 The notification of award will constitute the formation of the Contract.

39.3 Notice Inviting Tender shall form a part of the Contract Document. The successful Ten-derer / Contractor, on acceptance of his tender by the Accepting Authority, shall within 15 days from the date of award of work sign the contract consisting of :-

a)Complete set of tender documents.

b)Contractor’s offer with all drawings and correspondences.

It will then be signed by the Employer and copy sent to the successful Bidder within 28days following the notification of award of work.

40 Security Deposit

40.1 Total amount of 10% of tendered value will be deducted from running bills as security de-posit. The security deposit (10% of Tendered value) will be refunded to the contractor af-ter the maintenance period.

40.2 Provided always that no “Security Deposit” amount shall become due nor payable to the contractor unless all the stipulations of the contract have been fulfilled by the contractor and all claims and demands made by the employer for and in respect of damage or loss by firm or in consequence of the works have been finally settled.

41 Maintenance Period

41.1 The maintenance period for the work shall start after the date of completion of project and duration of maintenance period shall be 12 months (twelve months) except for the items of Expansion Joints, Bearings, RE Walls, DAC works and Mastic works. The mainte-nance period for Expansion Joints, Bearings and RE Walls shall be 36 months and, for DAC work shall be 5 years and, for Mastic work shall be 5 years.

41.2 Refund of Security Deposit (10%) shall be released after the completion of maintenance period as mentioned above for each item of work i.e. 10% amount of the items of Expan-sion Joints, Bearings, RE Walls, shall be released after the period of 36 months and 10% amount of the items of bituminous work like BM, DAC and Tack Coat shall be released after the period of 5 years and, 10% amount of Mastic work shall be released after the pe-riod of 5 years. However, the agency can deposit the bank guarantee for the release of se-curity deposit deducted from the running bills, for the work of Expansion Joints, Bear-ings, RE Walls, BM, DAC, TC & Mastic works, after the passing of initial maintenance period of 12 months and for the rest of periods as mentioned above

42 Corrupt or Fraudulent Practices

42.1 The Employer will reject a proposal for award if it determines that the Bidder



recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question or in execution and will declare the firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract with MCD and any other agencies.

APPENDIX-I TO INSTRUCTIONS TO BIDDERS

1. Liquid assets and/or availability of credit facilities is Rs 20.00 Crores

Rupees Twenty Crores (in words)

2. Price level of the financial year 2006-07

3. Escalation factors (for the cost of works executed and financial

figure to a common base value for works completed)

Year before Multiply factor

One 1.1

Two 1.21

Three 1.33

Four 1.46

Five 1.61



APPENDIX – II TO INSTRUCTIONS TO BIDDERS

TECHNICAL BID (ENVELOP – I)

CHECK LIST OF DOCUMENTS TO BE SUBMITTED IN TECHNICAL BID

S.No. Documents

1 Power of Attorney for individuals signing onbehalf of Company/Firm, or-Power of Attorney in favour of the Partner-In-charge of Joint Venture/Consortium

2 Earnest Money3. General Documents

i) Copy of original documents related to Registration andOwnership as well as Constitution and Legal Status ofthe Tenderer with detailed information including onlitigation etc. (Form T-I)

ii) Joint Venture data, Consortium agreement(Form T-I)

iii) Financial data and experience record of TendererParticularly experience in execution of similar Nature of works (Form T II & T III)

iv) Key Personnel for administration of the Contract(Form T-IV & T-V)

v) Plant & Equipment proposed to be deployed on the project (Form T-VI)

vi) Work in hand (in Form T-VII)vii) Bank Solvency Certificate (in Form T-VIII)viii) Undertaking (in form T-IX)ix) No dues certificate from D-VAT-2004

4. Details of quality assurance systems and organization

5. Tender’s work schedule/activity chart cum construction schedule

6. Construction methodology

7. Material procurement schedule

8. Undertaking

9 Name of Design consultant / Firm

PRICE BID: ENVELOP – II

Price bid to be specified on Pages …………. under Section …………. of this tender document

and shall be submitted in a separate sealed envelop (Marked “II”) along with bidding

documents.



FORM T-1PAGE-1 OF 2

GENERAL INFORMATION AND JOINT VENTURE DATA

Notes :

i) Attach an attested photocopy of Certificate of Registration and ownership as well as Constitution and legal status.

ii) In case of Joint Venture/Consortium, attach an attested photocopy of Agreement in-dicating inter-alia distribution among the members/constituents.

1. Name of Tenderer/Company.

2. Constitution and Legal Status as applicable.

3. Names of participating members/constituents.

a)

b)

c)

d)

e)

ENCLOSED SEPARATELYWITH TENDER LETTER

4. Address, telephone, Telex, Telefax, Cable Numbers of each Member / constituent

Registered Office Office for correspondence

a)

b)

c)

d)

e)

ENCLOSED SEPARATELY WITH TENDER LETTER



FORM T-1PAGE 2 OF 2

5. Name of Lead Partner / Constituent in case of joint venture/Consortium.

6. Distribution of responsibilities among partners/constituents (Among other details specify the sub-items of works for which each of the partners/constituents would be responsible).

ENCLOSED SEPARATELY WITH TENDER LETTER

7. Date and place of Joint Venture / Consortium Agreement(copy of the agreement to be enclosed).

8. Names and Addresses of Banks to the Joint Venture/ Consortium.

9. Has black-listing or de-registration action been initiated or taken against the Tenderer by any Government or Public Sector Undertaking or a private organization during the last 10 years. If yes, give below or in an attached sheet details and their outcome.

10. Information on current litigation/arbitration which the tenderer is involved (to be given in the Proforma below)

(Attach extra sheets if required)

Party with whom Dispute arose and nature of dispute

Cause Amount involvedRs. (Millions)

Present Position and remarks

1 2 3 4

11. Names and addresses of Associated Companies to be involved in the project and whether Parent/Subsidiary/Other.

12. If the company is subsidiary, what involvement, if any, will the Parent company have in the project?

13. Organisation charge showing the company structure, position of Directors and key personnel.

14. (In case of Foreign Companies only)

Name & Addresses of any Associate, the Company has in India, knowledgeable in the procedure of Customs, Immigration etc.



FORM T-IIPAGE 1 OF 1

FINANCIAL DATA

A. Summary of assets, liabilities, profit/loss and turnover on the basis of the “Audited Financial Statements” of the last three financial years:-

S.No. Description Year………..(Rs. In Crore)

Year………(Rs. In Crore)

Year……….(Rs. In Crore)

1. Total Assets

2. Current Assets

3. Total Liabilities

4. Current Liabilities

5. Net Worth (1-3)

6. Working Capital (2-4)

7. Profit of Loss

8. Total value of construction done

B. Financial Resources

1. Total amount of financial resources and credit line:

(Provide evidence of financial resources; cash in hand lines of credit etc. list them at Annexure with copies of support documents)

2. Name, Address, telephone and telefax numbers of Bankers who may provide refer-ence if required.

3. Attach copy of audited Financial Statements of the last three financial years as An-nexure Financial Value to be given in crores of Rupees.



FORM T-IIIPAGE 1OF 1

LIST OF ALL ON GOING WORKS/CONTRACTS OF CIVIL ENGINEERING NATURE

4. List all on-going contracts (all existing commitments/on going works).

S. No.

Name of work/Contract

Value (Rs. InCrores)

Name of *Employerand address

Value of work Still to be Completed(Rs.In Crore)

Date of Commencement

Scheduled Date of completion

1. 2. 3. 4. 5. 6. 7.

Total Under Columns (3) & (5)

Employer – Organisation paying for the works.



FORM T-IVPAGE 1 OF 1

EXPERIENCE RECORD

1. List of all contracts of similar nature of work executed during the last 5 (Five years) as a prime contractor

S.No.

Nature and name of work with location and

name and address of *employer as well as

**Engineer

Total Value(Rs. Crore)

Value of Contract for

which contractor

was responsible (Rs. Crore)

Stipulated time of

completion(Years)

Date of Start / date of

completion

1 2 3 4 5(A) 5(B)

* Employer – Organisation which paid for the works.** Engineer – Supervision Consulting Engineer for the works, if any.



FORM T-VPAGE 1 OF 2

A. HEAD OFFICESector Names Age Education Proposed

DesignationOf

TotalExperience

In years

RelevantExperience

In years 1 2 3 4 5 6 7

- General Management

- Administration

- Design (a) Civil

(b) Electrical

(c) Mechanical

- Project Management (a) Civil

(b) Electrical

(c) Mechanical

- Quality Assurance (a) Civil

(b) Electrical

(c) Mechanical

Note :

1. A summary of the qualifications and work experience of each key staff, to be at-tached. If personnel of collaborator are involved, the same may be indicated sepa-rately.

2. Value of similar projects executed by the key personnel proposed for general man-agement and administration of the contract, within the past five years, should be fur-nished as a supplement to this form.

3. The design engineers shall be minimum Graduate in Engineering (Civil/Electrical/Mechanical)



FORM T-VPAGE 2 OF 2

RESOURCES PERSONNEL PROPOSED FOR THE PROJECT –

B. SITESector Names Age Education Proposed

DesignationOf

TotalExperience

In years

RelevantExperience

In years 1 2 3 4 5 6 7

- General Management- Administration- Design (a) Civil

(b) Electrical

(c) Mechanical

- Project Management (a) Civil

(b) Electrical

(c) Mechanical

- Site Supervision (a) Civil

(b) Electrical

(c) Mechanical

- Quality Assurance & (a) CivilQuality audit

(b) Electrical

(c) MechanicalNote :1. A summary of the qualifications and work experience of each key staff, to be attached. If

personnel of collaborator are involved, the same may be indicated separately.

2. Value of similar projects executed by the key personnel proposed for general manage -ment and administration of the contract, within the past five years, should be furnished as a supplement to this form.

3. The key personnel for Design and Site Supervision should be minimum Graduate in En-gineering in respective fields.

4. Design Engineer shall be provided by the Contractor at site as and when required by the En-gineer-in-Charge.



FORM T-VIPAGE 1 OF 1

PROPOSED SITE ORGANISATION

A. Site Organisation Chart.

B. Narrative Description of site organization chart.

C. Description of relationship between head office and

* Site Management

* Indicate Clearly distribution of authority and responsibility between Head Office and Site management.

Note: In Site Organisation Chartg ‘indicate clearly for each site the name of personnel against each position in “Narrative Description of the site organization chart” indicate the specific area of responsibility of each personnel. These are required so that the adequacy of Personnel for completing the work within the specified time can be appreciated.



FORM T-VIIPAGE 1 OF 1

RESOURCES/PLANT AND EQUIPMENT PROPOSED TO BE DEPLOYED ON THIS PROJECT

S. No.

Equipment Name

No. of units to be deployed for

the work

Are these equipment

available with the agency

If answer to (4) is ‘yes’

then its capacity

Location where

presently installed

Number, capacity and make of

equipment to be newly purchased /

hired(1) 2 3 4 5 6 7

A. CONSTRUCTION EQUIPMENT

a) Earth Workb) Concreting

Batching Plants/ Transit Mixersc) Piling equipment*d) Dewatering systeme) Launching of Superstructuref) Prestressing systemg) Heavy duty cranes, Tower cranesh) Compaction rollers (vibratory as well as Static)i) Power generating sets (Total KW/Capacity)j) All Equipment for Bituminous Work.

B. TRANSPORTATION EQUIPMENTC. LAB TESTING EQUIPMENTD. OTHERS

Notes :-

1. For items A, B, C & D furnish full details of plants and equipments to be deployed.

2. For pilling work, the Contractor is required to deploy only hydraulically operated power driven rotary pile boring equipment for all locations.

3. Number and type of Plant and Equipments shall be commensurate with the quantum of work and completion schedule of the project, The tenderer shall indicate through an annexure how the requirement of Plant and Equipment have been arrived at so that adequacy of the same for completing the work within the specified time schedule can be appreciated.



FORM T-VIIIPAGE 1 OF 1

BANK SOLVANCY CERTIFICATE

This is to certify that M/s ………………………………………… is a reputed company with a

good financial standing.

If the contract for the work, namely ………………………………………….. is awarded to the

above firm, we shall be able to provide overdraft / credit facilities to the extent of Rs.

………………………….. to meet their working capital requirements for executing the above

contract during period.

Signature

Name of Bank Manager

Address of the Bank



FORM T-IXPAGE 1 OF 1

UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s ______________________________

_______________________________ would invest a minimum cash up to 25% of the value of

the work during implementation of the Contract.

_______________________________________________(Signed by contractor or an Authorized Officer of the Firm)

_________________Title of Officer

_______________Name of Firm

________________Dated:
