Request of Proposal

For

Name of the Work

On

Engineering, Procurement & Construction

(EPC) Mode

Construction Organisation
South Central Railway
Secunderabad

1
2
 TABLE OF CONTENTS

Sectio Contents Page No.

n
Notice inviting Bid 5
Disclaimer 6
Glossary 7
1 Introduction 8
1.1 Background 8
1.2 Brief description of Bidding Process 8
1.3 Schedule of Bidding Process 11

2 Instructions to Bidders 12
A General 12
2.1 General terms of Bidding 12
2.2 Eligibility and qualification requirement of Bidder 15
2.3 Proprietary Data 22
2.4 Cost of Bidding 22
2.5 Site visit and verification of information 22
2.6 Verification and Disqualification 23

B Documents 24
2.7 Contents of the RFP 24
2.8 Clarifications 25
2.9 Amendment of RFP 25

C Preparation and Submission of Bids 26

2.1 Format and Signing of Bid 26
02.1 Documents comprising Technical & financial Bid 26
12.1 Bid Due Date 27
22.1 Late Bids 27
32.1 Procedure of e-tendering 28
42.1 Online opening of Bids 29
52.1 Rejection of Bids 29
62.1 Validity of Bids 29
72.1 Confidentiality 29
82.1 Correspondence with the Bidder 30
9
D Bid Security 30
2.2 Bid Security 30
0 Performance Security 31
2.2
1

3
 3 Evaluation of Technical and Opening & Evaluation of 32
financial Bids
3.1 Evaluation of Technical Bids 32
3.2 Opening and Evaluation of financial Bids 33
3.3 Selection of Bidder 33
3.4 Contacts during Bid Evaluation 34
3.5 Correspondence with the Bidder 34
4 Fraud and Corrupt Practices 35
5 Pre-Bid Conference 37
6 Miscellaneous 38
Appendices
IA Letter comprising the Technical Bid 39
IB Letter comprising the Financial Bid 43
II Format for Power of Attorney for signing of Bid 71
III Format for Power of Attorney for Lead Member of Consortium/ 73
Joint Venture
IV Format for Joint Bidding Agreement for Consortium/ Joint 75
Venture
V List of Bid Specific Clauses 79
VI List of Project Specific Clauses 80
VII Bid Security Format 81

Annexure of Appendix 1A

I Details of Bidder 44
II Technical Capacity of the Bidder 46
III Financial Capacity of the Bidder 48
IV Details of Eligible Project 49
V Statement of legal 53
VI Guidelines of the Department of Disinvestment 54

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 Construction Organisation,
South Central Railway, Secunderabad
Notice Inviting Bid
Bid/ Package No.………….** Dated ………**

RFP for [Name of Work] on EPC mode

The President of India represented by the Ministry of Railways, Chief

Engineer/Construction-I/South Central Railway, Secunderabad (the “Authority”),
having its principal office at First Floor, Rail Nirman Nilayam,
Secunderabad,500017, is engaged in the development of railways and related
infrastructure, and as part of this endeavour, the Authority has decided to undertake
[construction/electrification/-----] of [Name of the project****1]2 (the “Project”)
through Engineering, Procurement and Construction (the “EPC”) Contract, and has
decided to carry out the Bidding process for selection of a Bidder to whom the Project
may be awarded. Brief particulars of the Project are as follows:

Name of the Project Length in Estimated

km Project Cost
(In Rs. cr.)
[Name of Work] [100] [500]3

The complete Bid document can be viewed / downloaded from official portal of the
Railway website https:// ireps.gov.in from _____ to ____ (upto 17.00 Hrs. IST). Bidder
must submit its Financial Bid and Technical Bid at https:// ireps.gov.in on or before upto
_____ hours IST. Bids received online shall be opened on _______ at ____ hours IST.
Bid through any other mode shall not be entertained. However, Power of Attorney and
Joint Bidding Agreement etc. shall be submitted physically by the Bidder on or
before_____ at_____ hours IST. Please note that the [Ministry/Authority/ Executing
Agency] reserves the right to accept or reject all or any of the Bids without assigning any
reason whatsoever.
Chief Engineer/Construction-I ,
South Central Railway,
Secunderabad,
Phone/Fax: 9701372111
Email ID: cecon1scr@gmail.com

1
Wherever asterisk is used, it should be substituted by project-specific details prior to issue of Bid
document.
2
All project-specific provisions in this document have been enclosed in square parenthesis and may be
modified, as necessary, before issuing the Bid document for the Project. The square parenthesis should
be removed after carrying out the required modifications.
3
This amount of estimated project cost should normally include the likely construction cost plus cost
of survey, investigation, design, and contingencies.
5
 DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other form
by or on behalf of the Authority or any of its employees or advisors, is provided to Bidder(s)
on the terms and conditions set out in this RFP and such other terms and conditions subject
to which such information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (Bids)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions
and assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for
the Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, especially
the [Feasibility Report], may not be complete, accurate, adequate or correct. Each Bidder
should, therefore, conduct its own investigations and analysis and should check the
accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and shall have
no liability to any person, including any Bidder under any law, statute, rules or regulations or
tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or
expense which may arise from or be incurred or suffered on account of anything contained
in this RFP or otherwise, including the accuracy, adequacy, correctness, completeness or
reliability of the RFP and any assessment, assumption, statement or information contained
therein or deemed to form part of this RFP or arising in any way for participation in this RFP.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP. The Authority may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information, assessment or assumptions
contained in this RFP.
The issue of this RFP does not imply that the Authority is bound to select the Bidder or
Contractor, as the case may be, for the Project and the Authority reserves the right to reject all or
any of the Bids without assigning any reason whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations which may be required by the
Authority or any other costs incurred in connection with or relating to its Bid. All such costs
and expenses will remain with the Bidder and the Authority shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Bidder in
preparation/ submission of the Bid, regardless of the conduct or outcome of the Bidding Process.
6
 GLOSSARY

Agreement As defined in Clause 1.1.4

Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.20.1
Bid(s) As defined in draft EPC agreement
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.5
Bid Due Date As defined in Clause 1.1.5
Bidding Process As defined in Clause 1.2.1
Bid Security As defined in Clause 1.2.4
Bid Price or Bid As defined in Clause 1.2.6
Contractor As defined in Clause 1.1.2
Construction Period As defined in Clause 1.2.6
Conflict of Interest As defined in Clause 2.2.1(c)
Defect Liability Period As defined in Clause 1.2.6
Eligible Experience As defined in Clause 2.2.2.4 (i)
Eligible Projects As defined in Clause 2.2.2.4 (i)
EPC As defined in Clause 1.1.1
EPC Contract As defined in Clause 1.1.2
Estimated Project Cost As defined in Clause 1.1.3
Feasibility Report As defined in Clause 1.2.3
Financial Capacity As defined in Clause 2.2.2.2 (i)
Government Government of *********
Consortium/Joint Venture As defined in Clause 2.2.1(a)
Jt. Bidding Agreement As defined in Clause 2.1.11(g)
Lead Member As defined in Clause 2.1.11 (d)
Lowest Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.8 (ii)
Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.1 (i)
Tie Bids As defined in Clause 3.3.2
Threshold Technical Capacity As defined in Clause 2.2.2.1 (i)

The words and expressions beginning with capital letters and defined in this document shall,
unless repugnant to the context, have the meaning ascribed thereto herein.

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 CONSTRUCTION ORGANISATION
SOUTH CENTRAL RAILWAY, SECUNDERABAD
SECTION 1

INTRODUCTION
1.1 Background

1.1.1 The President of India represented by the Ministry of Railways, Chief

Engineer/Construction-I/South Central Railway, Secunderabad (the
“Authority”),having its principal office at First Floor, Rail Nirman Nilayam,
Secunderabad,500017 is engaged in the development of railways and related
infrastructure, and as part of this endeavour, the Authority has decided to undertake
[construction/electrification/....] of [Name of the project] (the “Project”) through an
Engineering, Procurement and Construction (the “EPC”) Contract, and has decided to
carry out an open, competitive. Bidding Process for selection of a Bidder to whom the
Project may be awarded. Brief particulars of the Project are as follows:

Name of the Project Length Estimated No. of Years

in km Project Cost for
(In Rs. cr.) completion
of work
[Name of Work] [100] [2000] [2.5 years]

1.1.2 The Selected Bidder (the “Contractor”) shall be responsible for Engineering,
Procurement and Construction of the Project under and in accordance with the
provisions of an Engineering, Procurement and Construction agreement (the “EPC
Agreement”) to be entered into between the Selected Bidder and the Authority in the
form provided by the Authority as part of the Bidding Documents pursuant hereto. The
scope of work will broadly include survey, investigations, design and construction of
civil, structures and track works for double line railway involving formation in
embankments/ cuttings, ballast on formation, track works, bridges, structures,
buildings including testing and commissioning/Electrification/Signalling &
Telecommunication of section.
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specified
in the clause 1.1.1 above. The assessment of actual costs, however, will have to be
made by the Bidders.

1.1.4 The draft EPC Agreement sets forth the detailed terms and conditions for award of the
Project to the Contractor, including the scope of the Contractor’s services and
obligations.
1.1.5 The Authority shall receive Bids pursuant to this RFP in accordance with the terms
set forth in this RFP and other documents to be provided by the Authority pursuant to
this RFP, as modified, altered, amended and clarified from time to time by the
Authority (collectively the "Bidding Documents"), and all Bids shall be prepared and
submitted in accordance with such terms on or before the Bid Due Date specified in
Clause 1.3 for submission of Bids (the “Bid Due Date”).
1.2 Brief description of Bidding Process
1.2.1 The Authority has adopted a single stage two packet system (referred to as the

8
 "Bidding Process") for selection of the Bidder for award of the Project. The 1 st part
(the “Technical Bid”) of the process involves qualification (the “Qualification”) of
the interested parties/Consortium/Joint Venture who submits a Bid in accordance
with the provisions of this RFP (the “Bidder”, which expression shall, unless
repugnant to the context, include the members of the Consortium/Joint Venture).
The 2nd part of the process involves opening of Financial proposals ( the “Financial
Bid”) of the bidders qualified in Technical Bid. The Technical and Financial Bid
shall collectively be referred as Bid (the “Bid”). The Bidder would be required to
furnish all information specified in this RFP. At the Qualification stage, the
Technical Bids of Bidders would be evaluated and only those Bidders that are
qualified by the Authority shall be eligible for the 2 nd part of the Bidding Process
comprising opening and evaluation of their Financial Bids. GOI has issued
guidelines (see Annexure VI of Appendix-1A of RFP) for qualification of Bidders
seeking to acquire stakes in any public sector enterprise through the process of
disinvestment. These guidelines shall apply mutatis mutandis to this Bidding
Process. The Authority shall be entitled to disqualify any Bidder in accordance with
the aforesaid guidelines at any stage of the Bidding Process. Bidders must satisfy
themselves that they are qualified to Bid, and should give an undertaking to this effect in
the form at Appendix-IA.

1.2.2 The Bid shall be valid for a period of 180 days from the date specified in Clause 1.3 for
submission of Bids ( the “ Bid Due Date”).

1.2.3 The Bidding Documents including the draft EPC Agreement for the Project is enclosed
for the Bidders. The Feasibility prepared by the Authority/ consultants of the Authority
(the "Feasibility Report") is also enclosed. The Feasibility Report of the Project is
being provided only as a preliminary reference document by way of assistance to the
Bidders who are expected to carry out their own surveys, investigations and other
detailed examination of the Project before submitting their Bids. Nothing contained in
the Feasibility Report shall be binding on the Authority nor confer any right on the
Bidders, and the Authority shall have no liability whatsoever in relation to or
arising out of any or all contents of the Feasibility Report. The aforesaid documents
and any addenda issued subsequent to this RFP Document will be deemed to form
part of the Bidding Documents.

1.2.4 A Bidder is required to submit, along with its Bid, a Bid Security of
Rs.**************4 (the "Bid Security"), refundable not later than 200 (Two hundred )
days from the Bid Due Date, except in the case of the Selected Bidder whose Bid
Security shall be retained till it has provided a Performance Security as per the
provision of this RFP and LOA. The Bidder will have to provide Bid Security
through [e- payment Gateway of Authority or submitted as Bank Guarantee Bond
from a scheduled commercial bank of India]. The Bank Guarantee bond shall be as
per Appendix-VII and shall be valid for a period of 90 days beyond the bid validity
period. The Bid shall be summarily rejected if it is not accompanied by the prescribed
amount of Bid Security. The Bid document shall be available free of cost through e-
portal (IREPS.gov.in).

1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at their
cost, such studies as may be required for submitting their respective Bids for award of
the contract including implementation of the Project.
4
The Bid Security shall be an amount equivalent to 0.5% of the Estimated Project Cost subjected to maximum Rs.2.0 (two) Cr.

9
1.2.6 Bids will be evaluated for the Project on the basis of the lowest cost required by a
Bidder for implementing the Project (the "Bid Price"). The total time allowed for
completion of construction under the Agreement (the “Construction Period”) and the
period during which the Contractor shall be liable for rectification of any defect or
deficiency in the Project after completion of the Construction Period (the “Defect
Liability Period”) shall be pre-determined, and are specified in the draft EPC
Agreement forming part of the Bidding Documents.

In this RFP, the term “Lowest Bidder” shall mean the Bidder who qualifies the
Technical Bid criteria (Qualification Stage) and is quoting the lowest Bid Price, subject
to the provisions of Clause 1.2.7, the Project will be awarded to the Lowest Bidder.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest Bidder
withdraws or is not selected for whatsoever reason except the reason mentioned in
Clause 2.1.12/ e, the Authority shall annul the Bidding Process and invite fresh Bids.
1.2.8 Other details of the process to be followed under this Bidding Process and the terms
thereof are spelt out in this RFP.
1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted in writing by speed post/courier/special messenger or by e-mail, through
IREPS.Gov.in, so as to reach the officer designated in Clause 2.11.4 by the
specified date. The envelopes/ communication shall clearly bear the following
identification/ title:

"Queries / Request for Additional Information: RFP for [Name of the Work]-
Project".

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1.3 Schedule of Bidding Process
The Authority shall endeavour to adhere to the following schedule:

Sl. No. Event Description Date

1. Invitation of RFP (NIT) ..............
2. 1st Pre-Bid meeting at venue 2.11.4 (i) ..............
3. Last date for receiving queries ..............
Email : cecon1scr@gmail.com
4. Authority response to queries latest by ..............
5. 2nd Pre-Bid meeting at venue 2.11.4 (i), if NA
required
6 Authority response to queries latest by NA
7. Bid Due Date ..............
8. Physical Submission of all documents listed in Within 5 working days from
clause no 2.11.2 ......... (Bid Due date)
9. Opening of Technical Bids at venue 2.11.4 (i) On the 5th working days
from ......... (Bid Due date)
10. Declaration of eligible / qualified Bidders Will be intimated during bidding
process
11. Opening of Financial Bid Will be intimated during bidding
process
12. Return of signed duplicate copy of LOA Within 7 days of LOA issue
13. Validity of Bid 180 days from Bid Due Date
14. Submission of Performance Security Within 30 days of issue of LOA.
15. Signing of Agreement Within 60 days of receipt of
LOA.

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 SECTION-2

INSTRUCTIONS TO BIDDERS

A. GENERAL
2.1. General terms of Bidding
2.1.1 No Bidder shall submit more than one Bid for the Project.

2.1.2 A Bidder bidding individually or as a member of a Consortium/Joint Venture

shall not be entitled to submit another Bid either individually or as a member of
any Consortium/Joint Venture, as the case may be.

2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft EPC Agreement shall have overriding effect; provided,
however, that any conditions or obligations imposed on the Bidder hereunder
shall continue to have effect in addition to its obligations under the Agreement.
Further, the statements and explanations contained in this RFP are intended to
provide a better understanding to the Bidders about the subject matter of this
RFP and should not be construed or interpreted as limiting in any way or manner the
scope of services and obligations of the Contractor set forth in the Agreement or
the Authority’s rights to amend, alter, change, supplement or clarify the scope of
work, the work to be awarded pursuant to this RFP or the terms thereof or herein
contained. Consequently, any omissions, conflicts or contradictions in the
Bidding Documents including this RFP are to be noted, interpreted and applied
appropriately to give effect to this intent, and no claims on that account shall be
entertained by the Authority

2.1.4 The Bid shall be furnished in the format exactly as per Appendix-IA & IB i.e.
Technical Bid as per Appendix IA and Financial Bid as per Appendix IB and it
shall be signed by the Bidder’s authorised signatory. The Bid Price shall be
quoted online at the e-procurement platform of the Authority at
[https://www.ireps.gov.in (the “IREPS Website)]. In the event of any difference
between figures and words, the amount indicated in words shall be taken into account.

2.1.5 The Bidder should submit a Power of Attorney as per the format at Appendix-II,
authorising the signatory of the Bid to commit the Bidder.

2.1.6 In case the Bidder is a Consortium/Joint Venture, the Members thereof should
furnish a Power of Attorney in favour of the Lead Member in the format at Appendix-
III and Joint Bidding Agreement in the format at Appendix-IV

2.1.7 Any condition or qualification or any other stipulation contained in the Bid shall
render the Bid liable to rejection as a non-responsive Bid.

2.1.8 The Bid and all communications in relation to or concerning the Bidding
Documents and the Bid shall be in English language.

2.1.9 This RFP is not transferable.

2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of Bidding
Documents. The Bidding Documents including this RFP and all attached documents,
12
 provided by the Authority are and shall remain or becomes the property of Authority
and are transmitted to the Bidders solely for the purpose of preparation and submission
of the Bid in accordance herewith. Bidders are to treat all information as strictly
confidential and shall not use it for any purpose other than for preparation and
submission of their Bid. The provision of this clause 2.1.10 shall also apply mutatis
mutandis to Bids and all other documents submitted by the Bidders, and the Authority
will not return to the Bidders any Bid, documents or any information provided along
therewith.

2.1.11 In case the Bidder is a Consortium/Joint Venture, it shall comply with the following
additional requirements:

(a) number of members in a Consortium/Joint Venture shall not exceed 4 (Four);

(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each member of the Consortium/Joint Venture;

(c) members of the Consortium/Joint Venture shall nominate one member as the
Lead Member (the “Lead Member”). Lead Member shall have minimum 51%
share holding in Consortium/Joint Venture. Technical Capacity as per Clause
2.2.2.1(ii) is to be satisfied by any member of Consortium/Joint Venture having
minimum 26% share holding in Consortium/Joint Venture. The nomination of
Lead Member shall be supported by a Power of Attorney, as per the format at
Appendix-III, signed by all the other members of the Consortium/Joint Venture.
Consortium/Joint Venture as whole shall cumulatively/collectively fulfil the
100% Technical Capacity as per Clause 2.2.2.1(i) and 100% Financial Capacity
as per Clause 2.2.2.2.

(d) the Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and
defect liability obligations;

(e) the Lead Member shall carry out works directly under its own supervision and
through its own personal for at least 30% of the total value of the project in
accordance with provision of draft EPC Agreement.

(f) members of the Consortium/Joint Venture shall have entered into a binding
Joint Bidding Agreement, substantially in the form specified at Appendix IV
(the “Jt. Bidding Agreement”), for the purpose of making the Bid. The Jt.
Bidding Agreement, to be submitted along with the Bid, shall, inter alia:
(i) convey the commitment(s) of the Lead Member in accordance with this
RFP, in case the contract to undertake the Project is awarded to the
Consortium/Joint Venture; and clearly outline the proposed roles &
responsibilities, if any, of each member.
(ii) include a statement to the effect that all members of the Consortium/Joint
Venture shall be liable jointly and severally for all obligations of the
Contractor in relation to the Project until the Defect Liability Period is
achieved in accordance with the draft EPC agreement;

13
 (g) Approval for change of constitution of Consortium/Joint Venture shall be
at sole discretion of the Authority. The constitution of the
Consortium/Joint Venture shall not be allowed to be modified after
submission of the Bid by the Consortium/Joint Venture, except when
modification becomes inevitable due to Succession laws etc., provided
further that there is no change in qualification of minimum eligibility
criteria by Consortium/JV. However, the Lead member shall continue to
be the Lead Member of the Consortium/Joint Venture. Failure to observe
this requirement would render the offer invalid. Similarly, after the
contract is awarded, the constitution of Consortium/Joint Venture shall
not be allowed to be altered during the currency of contract except when
modification becomes inevitable due to Succession laws etc., provided
further that it does not change the minimum eligibility criteria. Failure to
observe this stipulation shall be deemed to be breach of contract with all
consequential penal action as per contract condition.

2.1.12 While Bidding is open to persons from any country, the following provisions shall
apply:

(a) Where, on the due date of the Bid, not less than 25% (twenty five percent) of the
aggregate issued, subscribed and paid up equity share capital/capital
contribution/partnership contribution in the Lowest Bidder or its member is held by
persons resident outside India or where a Bidder or its member is controlled by
persons resident outside India, then the eligibility and award of the project to such
Lowest Bidder shall be subject to approval of the competent authority from national
security and public interest perspective as per the instructions of the Government of
India applicable at such time. The decision of the authority in this behalf shall be
final and conclusive and binding on the Bidder.

(b) Further, where the LOA of a project has been issued to an agency, not covered under
the category mentioned above, and it subsequently wishes to transfer its share capital
in favour of another entity who is a resident outside India or where a Bidder or its
member is controlled by persons resident outside India and thereby the equity capital
of the transferee entity exceeds 25% or above, any such transfer of equity capital
shall be with the prior approval of the competent authority from national security and
public interest perspective as per the instructions of the Government of India
applicable at such point in time.

(c) The holding or acquisition of equity control, as above shall include direct or indirect
holding, acquisition, including by transfer of the direct or indirect legal or beneficial
ownership or control, by persons acting for themselves or in concert and in
determining such holding or acquisition, the Authority shall be guided by the
principles, precedents and definitions contained in the Securities and Exchange
Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011
or any substitute thereof, as in force on the date of such acquisition.

(d) The Bidder shall promptly inform the authority of any change in the shareholding, as
above, and failure to do so shall render the Bidder liable for disqualification from the
Bidding Process.

14
 (e) In case the Lowest Bidder under (a) above is denied the security clearance, for
whatsoever reasons, then the Bidders emerging as second Lowest, third lowest
eligible Bidders (in that order) may be given a counter-offer (one by one
sequentially) to match the Bid of Lowest Bidder. In the event of acceptance of the
counter-offer by another eligible Bidder, the project may be awarded to such Bidder.
In case no Bidder matches the Bid of the Lowest Bidder, the Bid Process shall be
annulled and fresh Bids invited.
(f) Any bidder from the countries sharing a land border with India will be eligible to bid
in any procurement whether of goods, services (including consultancy services and
non-consultancy services) or works (including turnkey projects) only if the bidder is
registered with the Competent Authority. The Competent Authority for registration
will be the Registration Committee constituted by the Department for Promotion of
Industry and Internal Trade (DPIIT), Government of India. For interpretation of this
clause Department of Expenditure, Ministry of Finance, Government of India
letterF.No.6/18/2019-PPDdated:23/07/2020 shall be referred.

2.1.13 Notwithstanding anything to the contrary contained herein, in the event that the Bid
Due Date falls within three months of the closing of the latest Financial completed
Year of a Bidder, it shall ignore such Financial Year for the purposes of its Bid and
furnish all its information and certification with reference to the 5 (five) years or 1
(one) year, as the case may be, preceding its latest Financial Year. For the avoidance
of doubt, Financial Year shall, for the purposes of a Bid hereunder, mean the
Accounting Year followed by the Bidder in the course of its normal business.
Any certificate issued by Statutory Auditor/ CA must include Unique Document
Identification Number (UDIN).

2.1.14 a) Any entity which has been barred by the Central Government or any entity
controlled by it, from participating in any project, and the bar subsists as on the
date of Bid, would not be eligible to submit an Bid, either individually or as
member of a Consortium/Joint Venture.

(b) A Bidder including any member or Associate should, in the last 3 (three) years,
have neither failed to perform on any contract, as evidenced by imposition of a
penalty or damages by a judicial authority or a judicial pronouncement against
the Bidder, member or Associate, as the case may be, nor has been expelled
from any project or contract by any public entity nor have had any contract
terminated by any public entity for breach by such Bidder, member or
Associate.

(c) if Bidder’s any constituent is entity incorporated in a country, where an entity

incorporated in India does not have similar rights of bidding for contracts.
The Authority reserves the right to reject an otherwise eligible Bidder on the
basis of the information provided under this clause 2.1.14. The decision of the
Authority in this case shall be final.

2.2. Eligibility and qualification requirements of Bidder

2.2.1 For determining the eligibility of Bidder the following shall apply:

15
(a) The Bidder may be a single entity or a group of entities (the “Consortium” or the
“Joint Venture”), coming together to implement the Project. The term Bidder used
herein would apply to both a single entity and a Consortium/Joint Venture.

(b) Bidder may be a natural person, private entity, or any combination of them with a
formal intent to enter into a Consortium/Joint Venture agreement or under an
existing agreement to form a Consortium/Joint Venture. A Consortium/Joint Venture
shall be eligible for consideration subject to the conditions set out in Clause 2.1.11
above.
(c) A Bidder shall not have a conflict of interest (“Conflict of Interest”) that affects the
Bidding Process. Any Bidder found to have a Conflict of Interest shall be
disqualified and liable for forfeiture of the Bid Security or Performance Security as
the case may be. A Bidder shall be deemed to have a Conflict of Interest affecting
the Bidding Process, if:
(i) the Bidder, its Consortium/Joint Venture member (or any constituent thereof)
and any other Bidder, its member or any member of its Consortium/Joint
Venture thereof (or any constituent thereof) have common controlling
shareholders or other ownership interest; provided that this disqualification
shall not apply in cases where the direct or indirect shareholding of a Bidder,
or its Consortium/Joint Venture member thereof (or any shareholder thereof
having a shareholding of more than 5% (five percent) of the paid up and
subscribed share capital of such Bidder, or its Consortium/Joint Venture
member, as the case may be), in the other Bidder, its Consortium/Joint
Venture member is less than 5% (five percent) of the subscribed and paid up
equity share capital thereof; provided further that this disqualification shall
not apply to any ownership by a bank, insurance company, pension fund or a
public financial institution referred to in section 4A of the Companies Act
2013. For the purposes of this Clause 2.2.1(c), indirect shareholding held
through one or more intermediate persons shall be computed as follows:

(aa) where any intermediary is controlled by a person through management control

or otherwise, the entire shareholding held by such controlled intermediary in
any other person (the “Subject Person”) shall be taken into account for
computing the shareholding of such controlling person in the Subject Person;
and

(bb) subject always to sub-clause (aa) above, where a person does not exercise
control over an intermediary, which has shareholding in the Subject Person,
the computation of indirect shareholding of such person in the Subject Person
shall be undertaken on a proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the shareholding
of such person in the intermediary is less than 26% of the subscribed and paid
up equity shareholding of such intermediary; or

(ii) a constituent of such Bidder is also a constituent of another Bidder; or

(iii) such Bidder, or any of its Consortium/Joint Venture member thereof receives
or has received any direct or indirect subsidy, grant, concessional loan or
subordinated debt from any other Bidder, or any of its Consortium/Joint
Venture member thereof or has provided any such subsidy, grant, concessional
loan or subordinated debt to any other Bidder, its member or any of its
Consortium/Joint Venture member thereof; or

16
 (iv) such Bidder has the same legal representative for purposes of this RFP as any
other Bidder; or

(v) such Bidder, or any of its Consortium/Joint Venture member thereof has a
relationship with another Bidder, or any of its Consortium/Joint Venture
member thereof, directly or through common third party/parties, that puts either
or both of them in a position to have access to each others’ information about,
or to influence the Bid of either or each other; or

(vi) such Bidder, or any of its Consortium/Joint Venture members thereof has
participated as a consultant to the Authority in the preparation of any
documents, design or technical specifications of the Project.

2.2.2 Qualification requirements of Bidders: To be eligible for Qualification an

individual Bidder or a Consortium/Joint Venture as whole as per clause 2.1.11(c),
shall fulfil the following conditions of eligibility:

2.2.2.1 Technical Capacity- For demonstrating Technical Capacity and experience (the
“Technical Capacity”), the Bidder shall, during the last 5 (five) previous financial
years and the current financial year upto the Base month (not to be read with para-
2.1.13).
(i) have received payments for construction of Eligible Project(s), or has
undertaken construction works by itself in a PPP project, such that the sum
total thereof, as further adjusted in accordance with clause 2.2.2.4 (i) & (ii), is
more than 2.5 (two and half) times the Estimated Project Cost (the
“Threshold Technical Capacity”).

Provided that at least one fourth of the Threshold Technical Capacity shall be from
the Eligible Projects in Category 1 and/ or Category 3 specified in Clause 2.2.2.4
(i) & (ii)

(ii) undertaken at least one Eligible Project of Railway Sector as mentioned in

clause 2.2.2.4/iii of value of not less than [35% (thirty-five) per cent] of the
Estimated Project Cost and have received payments for not less than 75
(seventy-five) per cent value of present Contract Value (excluding the
payment made for adjustment of Price variation (PVC), if any) of such project

[Note :- For composite works of New lines, Gauge Conversion, Doubling, 3rd
line, 4th line etc. with Railway electrification and/or Signalling and
telecommunication works

1. In case scope involves the electrification work as per item No. 3 of Annexure –
I of Schedule -B value as mentioned in Annexure-G, the selected bidders can
himself execute above Electrification work, only in case he has experience as
mentioned in clause 2.2.2.1/ii above to value of estimated electrification work
as mentioned in Schedule-G of draft Concession Agreement after taking
approval from Authority. Otherwise selected bidder shall execute
electrification work involved in project by engaging sub-contractor as per
clause 3.2 of draft Concession Agreement having experience of Railway
Sector works. The Railway Sector would be deemed to include overhead

17
 equipment system of Railway electrification for a railway system, metro
system, suburban transit system, high speed railways, substation and
transmission lines,
and/or
2. In case scope involves the Signalling and Telecommunication work as per item
No. 2 of Annexure –I of Schedule -B value as mentioned in Annexure-G, the
selected bidders can himself execute above Signalling and Telecommunication
work, only in case he has experience as mentioned in clause 2.2.2.1/ii above to
value of estimated Signalling and Telecommunication work as mentioned in
Schedule-G of draft Concession Agreement after taking approval from
Authority. Otherwise selected bidder shall execute Signalling and
Telecommunication work involved in project by engaging sub-contractor as
per clause 3.2 of draft Concession Agreement having experience of Railway
Sector works. The Railway Sector would be deemed to include Signalling and
Telecommunication of railway system, metro system, suburban transit system,
high speed railways.]

2.2.2.2 Financial Capacity: The Bidder shall have a minimum Net Worth 5 (the “Financial
Capacity”) of Rs. ____6 crore at the close of the preceding Financial Year.

2.2.2.3 Technical Capacity as per Clause 2.2.2.1(ii) is to be satisfied by any member of

Consortium/Joint Venture having minimum 26% share holding in Consortium/Joint
Venture.
2.2.2.4 Categories and factors for evaluation of Technical Capacity:
Subject to the provisions of Clause 2.2.2, the following categories of experience would
qualify as Technical Capacity and eligible experience (the "Eligible Experience") in
relation to eligible projects as stipulated in Clauses 2.2.2.5 (i) and 2.2.2.5 (ii) (the
"Eligible Projects"):
Category 1: Project experience on Eligible Projects in Railways sector that qualify
under Clause 2.2.2.5 (i)
Category 2: Project experience on Eligible Projects in core sector that qualify under
Clause 2.2.2.5 (i)
Category 3: Construction experience on Eligible Projects in Railways sector that
qualify under Clause 2.2.2.5 (ii)
Category 4: Construction experience on Eligible Projects in core sector that qualify
under Clause 2.2.2.5 (ii)

(i) In case the Bidder has experience across different categories, the experience for
each category would be computed as per weight of following factors to arrive at its
aggregated Eligible Experience:

Category Project / Construction experience on Eligible Projects Factors

1 Project in Railway sector that qualify under Clause 2.2.2.5 1
(i)
2 Project in core sector that qualify under Clause 2.2.2.5 (i) 0.75
3 Construction in Railway sector that qualify under Clause 1

5
Net worth has been adopted as the criterion for assessing financial capacity since it is a comprehensive
indication of the financial strength of the Applicant.
6
This amount should be 5% (Five percent) of the Estimated Project Cost of the Project for which Bids are being
invited.
18
 2.2.2.5 (ii)
4 Construction in core sector that qualify under Clause 0.75
2.2.2.5 (ii)

(ii) The Technical capacity in respect of an Eligible Project situated in a developed

country which is a member of OECD shall be further multiplied by a factor of 0.5
(zero point five) and the product thereof shall be the Technical capacity for such
Eligible Project.

(iii) For the purpose of this RFP:

[A. For New lines, Gauge Conversion, Doubling, 3 rd line, 4th line including
composite works with electrification and/or Signalling and telecommunication
works etc. works -

(i) Railways sector would be deemed to include railways, metro rails, LRT,
monorail, high speed rail, highways, expressways, bridges (road/railways) and
tunnels (road/railways); and

(ii) Core sector would be deemed to include hydroelectric dams, barrage, ports,
airports, thermal/steel/cement plants, oil and gas pipelines, irrigation canals,
water supply (pipelines/treatment plants), sewerage (pipelines/treatment
plants), power transmission lines, civil works in power sector/commercial set
ups (SEZs etc)/ industrial parks/logistics parks and real estate development.$

or
B. For Railway Electrification works -

(i) Railways sector would be deemed to include overhead equipment system of

railway electrification for a railway system, metro system, suburban transit
system, high speed railways, substation and transmission lines

(ii) Core sector would be deemed to include railways, power (hydro, solar etc),
telecom, ports, airports, metro rail, oil/gas pipe line and highways.
or

C. Stand alone Work like Bridges/ROB/Tunnel etc –

Railway Sector – To be defined.

Core Sector – To be defined------ ]

Note :-
(i) In case of projects executed by Bidder under category 1, 2, 3 and 4 as a
member of Consortium/Joint Venture, the project cost should be restricted to
the share of the applicant in the Consortium/Joint Venture for determining
eligibility as per provision under clause 2.2.2.1 (i). For determination of %
share in the project bidder have to submit Joint Venture/Consortium
agreement for each Project for which he is claiming credential.

$$
Real estate development shall not include residential flats unless they form part of a real estate complex
or township which has been built by the Bidder.
19
 (ii) Maintenance works are not considered as eligible project for evaluation.
(iii) In case both the estimated cost of project and revised cost of project are
provided, the revised cost of project shall be considered for evaluation.

2.2.2.5 Eligible Experience on Eligible Projects in respect of each category:

(i) For a project to qualify as an Eligible Project under Categories 1 and 2:

(a) It should have been undertaken as a PPP project for providing its output or
services to a public sector entity or for providing non-discriminatory access to
users in pursuance of its charter, concession or contract, as the case may be. For
the avoidance of doubt, a project which constitutes a natural monopoly such as
an airport or port should normally be included in this category even if it is not
based on a long-term agreement with a public entity;

(b) the entity claiming experience should have held, in the company owning the
Eligible Project, a minimum of 26% (twenty six per cent) equity during the
entire year for which Eligible Experience is being claimed; and

(c) the capital cost of the project should be more than 10% (ten per cent) of the
Estimated Project Cost.

(d)The value of self construction during the last 5 (five) previous financial years
and the current financial year upto the Base month (not to be read with para-
2.1.13)., in projects which are considered as eligible projects in terms of Clause
(a) to (c) above will be considered for the purpose of experience.

[(ii). For a project to qualify as an Eligible Project under Categories 3 and 4 :-

A. For New lines, Gauge Conversion, Doubling, 3 rd line, Bridges,

ROB, Tunnels etc. works: the Bidder should have received
cumulative payments from its client(s) for construction works
executed, fully or partially, during the last 5 (five) previous financial
years and the current financial year upto the Base month (not to be
read with para-2.1.13)., and only the amounts (gross) actually
received, during such 5 (five) Financial Year s shall qualify for
purposes of computing the Technical Capacity. However, total receipts
of less than [Rs.*** crore (Rupees *** crore)]7 shall not be reckoned
as receipts for Eligible Projects. For the avoidance of doubt,
construction works shall not include supply of goods or equipment
except when such goods or equipment form part of a turn-key
construction contract/ EPC contract for the project. Further, the cost of
land shall not be included hereunder.
or
B. For Railway Electrification works : the Bidder should have received
cumulative payments from its client(s) for construction works
executed, fully or partially, during the last 5 (five) previous financial
years and the current financial year upto the Base month (not to be
read with para-2.1.13)., and only the amounts (gross) actually
7
This amount should not be less than about 10% (ten per cent) of the Estimated Project Cost

20
 received, during such 5 (five) Financial Year s shall qualify for
purposes of computing the Technical Capacity. However, receipts of
less than [Rs.*** crore (Rupees *** crore)]8 shall not be reckoned as
receipts/execution of Eligible Projects. For the avoidance of doubt,
construction works shall not include supply of goods or equipment
except when such goods or equipment form part of a turn-key
construction contract/ EPC contract for the project.]

2.2.2.6 Submission in support of Technical Capacity

(i) The Bidder should furnish the details of Eligible Experience for last 5 (five)
previous financial years and the current financial year upto the Base month
(not to be read with para-2.1.13).

(ii) The Bidder must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-IA.

(iii) The Bidder should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at Annex -
IV of Appendix-IA.

2.2.2.7 Submission in support of Financial Capacity

(i) The Technical Bid shall be accompanied by the Audited Annual Reports
which includes Balance sheets and P&L Accounts of the Bidder (of each
member in case of a Consortium/Joint Venture and also of associates if any,
whose financial capacity is being claimed) for the last 5 (five) Completed
Financial Year s, preceding the year in which the Bid is submitted. Any
certificate issued by Statutory Auditor/CA must include UDIN.

(ii) In case the annual accounts for the latest financial year are not audited
and therefore the Bidder cannot make it available, the Bidder shall give an
undertaking to this effect and the statutory auditor shall certify the same. In
such a case, the Bidder shall provide the Audited Annual Reports for 5 (five)
years preceding the year for which the Audited Annual Report is not being
provided.

(iii) The Bidder must establish the minimum Net Worth specified in Clause
2.2.2.2, and provide details as per format at Annex-III of Appendix-IA.

2.2.2.8 The Bidder shall enclose with its Technical Bid, to be submitted as per the format
at Appendix-IA, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors $ or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by
itself, during the past 5 years, in respect of the Eligible Projects. In case a
particular job/ contract has been jointly executed by the Bidder (as part of a
8
This amount should not be less than about 10% (ten per cent) of the Estimated Project Cost
$$
In case duly certified audited annual financial statements containing explicitly the requisite details are
provided, a separate certification by statutory auditors would not be necessary in respect of Clause 2.2.2.8 (i). In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Bidder provide the certificates required under this RFP.

21
 Consortium/Joint Venture), it should further support its claim for the payments
received or construction carried out by itself in PPP Projects as applicable the
share in work done for that particular job/ contract by producing a certificate
from its statutory auditor or the client; and

(ii) Certificate(s) from its statutory auditors specifying the net worth of the Bidder
(including associates, if any), as at the close of the preceding Financial Year ,
and also specifying that the methodology adopted for calculating such net
worth conforms to the provisions of this Clause 2.2.2.8 (ii). For the purposes of
this RFP, net worth (the “Net Worth”) shall mean the capital/aggregate value
of the paid-up share capital and all reserves created out of the profits and
securities premium account, after deducting the aggregate value of the
accumulated losses, deferred expenditure and miscellaneous expenditure not
written off, as per the audited balance sheet, but does not include reserves
created out of revaluation of assets, write-back of depreciation and
amalgamation.

2.2.2.9 In computing the Technical Capacity and Net Worth of the Bidder/ Member of
Consortium/Joint Venture under Clauses 2.2.2.1, 2.2.2.2, 2.2.2.3 and 2.2.2.4, the
Technical Capacity and Net Worth of their respective Associates would also be
eligible hereunder. For purposes of this RFP, Associate means, in relation to the
Bidder/ Member of Consortium/Joint Venture, a person who controls, is controlled by,
or is under the common control with such Bidder/member (the “Associate”). As used
in this definition, the expression “control” means, with respect to a person which is a
company or corporation, the ownership, directly or indirectly, of more than 50% (fifty
per cent) of the voting shares of such person, and with respect to a person which is not
a company or corporation, the power to direct the management and policies of such
person by operation of law.

2.3 Proprietary data

All documents and other information supplied by the Authority or submitted by a Bidder
to the Authority shall remain or become the property of the Authority and are
transmitted to the Bidders solely for the purpose of preparation and the
submission of a Bid in accordance herewith. Bidders are to treat all information as
strictly confidential and shall not use it for any purpose other than for preparation and
submission of their Bid. The provisions of this Clause 2.3 shall also apply mutatis
mutandis to Bids and all other documents submitted by the Bidders, and the Authority
will not return to the Bidders any Bid, document or any information provided along
therewith.
2.4 Cost of Bidding

The Bidders shall be responsible for all of the costs associated with the
preparation of their Bids and their participation in the Bidding Process. The
Authority will not be responsible or in any way liable for such costs, regardless of the
conduct or outcome of the Bidding Process.

2.5 Site visit and verification of information

2.5.1 Bidders are encouraged to submit their respective Bids after visiting the Project
site and ascertaining for themselves the site conditions, traffic, location,
22
 surroundings, climate, availability of power, water & other utilities for
construction, access to site, handling and storage of materials, weather data,
applicable laws and regulations, and any other matter considered relevant by them.
Bidders are advised to visit the site and familiarise themselves with the Project within the
stipulated time of submission of the Bid. No extension of time is likely to be considered
for submission of Bids.

2.5.2 It shall be deemed that by submitting a Bid, the Bidder has:

(a) made a complete and careful examination of the Bidding Documents, Schedules
annexed to draft EPC agreement;

(b) received all relevant information requested from the Authority;

(c) accepted the risk of inadequacy, error or mistake in the information provided
in the Bidding Documents or furnished by or on behalf of the Authority relating
to any of the matters referred to in Clause 2.5.1 above. No claim shall be admissible
at any stage on this account.

(d) satisfied itself about all matters, things and information including matters
referred to in Clause 2.5.1 hereinabove necessary and required for
submitting an informed Bid, execution of the Project in accordance with the
Bidding Documents and performance of all of its obligations there under;

(e) acknowledged and agreed that inadequacy, lack of completeness or

incorrectness of information provided in the Bidding Documents or
ignorance of any of the matters referred to in Clause 2.5.1 hereinabove shall not
be a basis for any claim for compensation, damages, extension of time for
performance of its obligations, loss of profits etc. from the Authority, or a
ground for termination of the Agreement by the Contractor;

(f) acknowledged that it does not have a Conflict of Interest; and

(g) agreed to be bound by the undertakings provided by it under and in terms hereof.

2.5.3 The Authority shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning or relating
to RFP, including any error or mistake therein or in any information or data given by
the Authority.

2.5.4 It shall be deemed that by submitting this bid, the bidder has visited the project site
and carefully examined/verified the site conditions, levels, drawings with reference to
attached documents and accepted the risk of inadequacy, error, mistake lack of
completeness in the information in the levels, GADs of bridges, ESPs, Bidding
documents and assessed the scope of work. No claim for compensation or ignorance of
any of the matters is acceptable.
This supersedes any other provisions contrary in this RFP/documents, etc.

2.6 Verification and Disqualification

2.6.1 The Authority reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP and the Bidder shall,

23
 when so required by the Authority, make available all such information, evidence
and documents as may be necessary for such verification. Any such verification, or
lack of such verification, by the Authority shall not relieve the Bidder of its
obligations or liabilities hereunder nor will it affect any rights of the Authority there
under.

2.6.2 The Authority reserves the right to reject any Bid and appropriate the Bid Security if:
(a) at any time, a material misrepresentation is made or uncovered, or
(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Bid.

Such misrepresentation/ improper response shall lead to the disqualification of the

Bidder. If the Bidder is a Consortium/Joint Venture, then the entire
Consortium/Joint Venture and each member of the Consortium/Joint Venture may
be disqualified/ rejected. If such disqualification/rejection occurs after the Bids have
been opened and the lowest Bidder gets disqualified / rejected, then the Authority
reserves the right to annul the Bidding Process and invites fresh Bids.

2.6.3 In case it is found during the evaluation or at any time before signing of the
EPC Agreement or after its execution and during the period of defect liability
subsistence thereof, that one or more of the eligibility and /or qualification
requirements have not been met by the Bidder, or the Bidder has made material
misrepresentation or has given any materially incorrect or false information, the Bidder
shall be disqualified forthwith if not yet appointed as the contractor either by issue
of the LOA or entering into of the Agreement, and if the Selected Bidder has
already been issued the LOA or has entered into the Agreement, as the case may be,
the same shall, notwithstanding anything to the contrary contained therein or in this
RFP, be liable to be terminated, by a communication in writing by the Authority to the
Selected Bidder or the Contractor, as the case may be, without the Authority being
liable in any manner whatsoever to the Selected Bidder or the Contractor. In such an
event, the Authority shall be entitled to forfeit and appropriate the Bid Security or
Performance Security, as the case may be, as Damages, without prejudice
to any other right or remedy that may be available to the Authority under the
Bidding Documents and / or the draft EPC Agreement, or otherwise.

2.6.4. A Bidder shall be liable for disqualification and forfeiture of Bid Security, if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by
the Bidder, its member or any Associate thereof, as the case may be, in any manner for
matters related to or incidental to such Project during the Bidding Process or
subsequent to the (i) issue of the LOA or (ii) execution of the EPC Agreement. In the
event any such adviser is engaged by the selected Bidder or Contractor, as the case
may be, after issue of the LOA or execution of the Agreement for matters related or
incidental to the project, then notwithstanding anything to the contrary contained
herein or in the LOA or the Agreement and without Prejudice to any other right or
remedy or the Authority, including the forfeiture and appropriation of the Bid Security
or Performance Security, as the case may be, which the Authority may have there
under or otherwise, the LOA or the Agreement, as the case may be, shall be liable to be
terminated without the Authority being liable in any manner whatsoever to the
Selected Bidder or Contractor for the same. For the avoidance or doubt, this
disqualification shall not apply where such adviser was engaged by the Bidder, its
member or Associate in the past but its assignment expired or was terminated 6 (six)
24
 months prior to the date of issue of this RFP. Nor will this disqualification apply where
such adviser is engaged after a period of 3 (three) years from the date of commercial
operation of the Project.
B. DOCUMENTS

2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.

Part –I
Invitation for BIDs
Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of Bids
Section 4. Fraud and Corrupt Practices
Section 5. Pre-Bid Conference
Section 6. Miscellaneous
Appendices
IA. Letter comprising the Technical Bid including Annexure I to VII
IB. Letter comprising the Financial Bid
II . Power of Attorney for signing of Bid
III. Power of Attorney for Lead Member of Consortium/Joint Venture
IV. Joint Bidding Agreement for Joint Venture/Consortium
VII Bid Security
Part –II
Draft EPC Agreement Document with schedules
Part – III
Feasibility Report

2.7.2 The draft EPC Agreement and the Feasibility Report provided by the
Authority as part of the Bid Documents shall be deemed to be part of this RFP.

2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in writing
by e-mail in accordance with Clause 1.2.9. They should send in their
queries on or before the date mentioned in the Schedule of Bidding Process
specified in Clause 1.3. The Authority shall endeavour to respond to the queries
within the period specified therein, but no later than 15 (fifteen) days prior to the
Bid Due Date. The responses will be sent by fax or e-mail. The Authority will
forward all the queries and its responses thereto, to all Bidders without identifying
the source of queries.

2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications
sought by the Bidders. However, the Authority reserves the right not to respond to
any question or provide any clarification, in its sole discretion, and nothing in this
Clause shall be taken or read as compelling or requiring the Authority to respond
to any question or to provide any clarification.

25
2.8.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations & clarifications to all Bidders. All clarifications &
interpretations issued by the Authority shall be deemed to be part of the Bidding
Documents. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on the
Authority.

2.9 Amendment of RFP

2.9.1 At any time prior to the Bid Due Date, the Authority may, for any reason, whether at its
own initiative or in response to clarifications requested by a Bidder, modify the RFP by
the issuance of Addenda.

2.9.2 Any addendum issued hereunder will be hosted on the [Railway e-Tendering Portal
(https: ireps.gov.in).
2.9.3 In order to afford the Bidders a reasonable time for taking an addendum into
account, or for any other reason, the Authority may, in its sole discretion, extend the
Bid Due Date9.
C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of Bid

2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority
will evaluate only those Bids that are received online in the required formats and
complete in all respects and Original Copy of Power of Attorney and Joint Bidding
Agreement etc. are received in hard copies within time mentioned in clause 1.3 of this
RFP.

2.10.2 The Bid shall be typed and signed by the authorised signatory of the Bidder. All the
alterations, omissions, additions or any other amendments made to the Bid shall be
initialled by the person(s) signing the Bid.

2.11 Documents comprising Technical and Financial Bid

2.11.1 The Bidder shall first upload all the project details including Technical Capacity,
Financial Capacity, Net Worth details, turnover details, and all other details required in
this RFP for technical qualification. The Bidder shall ensure that all the details are
updated as on the due date of submission of this Bid.

The Bidder shall then apply for the RFP on the website https:// ireps.gov.in by
submitting the documents mentioned below along with the supporting documents
which shall comprise of the Technical Bid on the e-portal:

(a) Appendix-IA including Annexure I-VII and supporting certificates / documents.

(b) Power of Attorney for signing the Bid as per the format at Appendix-II;
(c) if applicable, Power of Attorney for Lead Member of Consortium/Joint Venture
as per the format at Appendix-III;
(d) if applicable, Joint Bidding Agreement for Consortium/Joint Venture as per the
format at Appendix-IV;

9
While extending the Bid Due Date on account of an addendum, the Authority shall have due regard for the time
required by Bidders to address the amendments specified therein. In the case of significant amendments, at least
15 (fifteen) days shall be provided between the date of amendment and the Bid Due Date .
26
 (e) An undertaking from the person having Power of Attorney referred to in Sub.
Clause-(b) above that they agree and abide by the Bid Documents uploaded by
Authority and amendments uploaded, if any; and
(f) copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
(g) Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture/Consortium) for preceding 5 years.
(h) Appendix-IB shall be submitted online through e-procurement portal on or
before ........... hrs IST on ...........

2.11.2 The Bidder shall submit the following documents physically within time as mentioned
in clause 1.3 :

(a) Original Power of Attorney for signing the Bid as per format at Appendix-II;
(b) if applicable, Original Power of Attorney for Lead Member of
Consortium/Joint Venture as per the format at Appendix-III;
(c) if applicable, Original Joint Bidding Agreement for Consortium/Joint Venture
as per the format at Appendix-IV;
(d) Bid security, if submitted as Bank Guarantee, in the format at Appendix-VII
from a Bank;

2.11.3 The documents listed at clause 2.11.2 shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification “Bid for the [Name of the
Project]” and shall clearly indicate the name and address of the Bidder. In addition,
the Bid Due Date should be indicated on the right hand top corner of the envelope.

2.11.4 The envelope shall be addressed to the following officer(s) and shall be submitted at the
respective address:
(i) ATTN. OF:

Chief Engineer/Construction-I/SC,
1st Floor, Rail Nirman Nilayam,
South Central Railway,
Secunderabad
PHONE NO: 9701372111
E-MAIL: cecon1scr@gmail.com

2.11.5 If the envelope is not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement or premature opening of the
contents of the Bid submitted and consequent losses, if any, suffered by the
Bidder.

2.11.6 Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shall
be summarily rejected.

2.12 Bid Due Date

Bid comprising of the documents listed at clause 2.11.1 of the RFP shall be
submitted online through e-procurement website https:// ireps.gov.in on or before
_____hrs IST on _____ Documents listed at clause 2.11.2 of the RFP shall be
physically submitted on or before _____ hours IST on ______ at the address

27
 provided in Clause 2.11.4 in the manner and form as detailed in this RFP. A receipt
thereof should be obtained from the person specified at Clause 2.11.4.

2.13 Late Bids

E-procurement portal website https:// ireps.gov.in shall not allow submission of any
Bid after the prescribed date and time at clause 2.12. Physical receipt of documents
listed at clause 2.11.2 of the RFP after the prescribed date as mentioned in clause
1.3 and time at clause 2.12 shall not be considered and the Bid shall be summarily
rejected.

2.14 Procedure for e-tendering

2.14.1 Accessing/ Purchasing of Bid Documents

2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC)(in the name of Authorized Signatory / Firm or Organization / Owner of the
Firm or Organization) from any of the licensed Certifying Agency (Bidders can see
the list of licensed CAs from the link www.cca.gov.in) to participate in e-tendering.

DSC should be in the name of the authorized signatory as authorized in Appendix II

of this RFP or person executing/delegating such Appendix III in favour of
Authorized Signatory. It should be in corporate capacity (that is in Bidder capacity /
in case of Consortium/JV in the Lead Member capacity, as applicable). The Bidder
shall submit document in support of the class III DSC. In other cases, the Bid shall
be considered Non-responsive.

2.14.1.2 To participate in the Bidding, it is mandatory for the Bidders to get registered their
firm / Consortium/Joint Venture with e-procurement portal https:// ireps.gov.in to
have user ID & password which has to be obtained free of cost. Following may
kindly be noted:

(a) registration with e-procurement portal should be valid at least up to the date of
submission of Bid.

(b) Bids can be submitted only during the validity of registration.

It is also mandatory for the Bidders to get their firms registered with e-tendering
portal. The Bidders shall update their project and other details on the portal on a
regular basis and apply to the tenders via the portal.

2.14.1.3 If the firm / Consortium/Joint Venture is already registered with e-tendering

service provider, and validity of registration is not expired, then the firm /
Consortium/Joint Venture is not required a fresh registration.

2.14.1.4 The complete Bid Document can be viewed / downloaded by the Bidder from e-
procurement portal https:// ireps.gov.in from _____ to ____ (upto ____ Hrs. IST).

2.14.2 Preparation & Submission of Bids:

28
2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on the
screen. The detailed guidelines for e-procurement are also available on e-
procurement portal.

2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in different
files/sub files (in PDF such that file size is not more than 3.75MB) and uploaded
during the on-line submission of Bid

2.14.2.3 Bid must be submitted online only through e-procurement portal https://
ireps.gov.in using the digital signature of authorized representative of the Bidder
on or before _______ (upto _____ hours IST).

2.14.3 Modifications/ Substitution/ withdrawal of Bids

2.14.3.1 The Bidder may modify, substitute or withdraw its e- Bid after submission prior to
the Bid Due Date. No Bid can be modified, substituted or withdrawn by the
Bidder on or after the Bid Due Date & Time.

2.14.3.2 For modification of e-Bid, Bidder has to detach its old Bid from e-procurement
portal and upload / resubmit digitally signed modified Bid. For withdrawal of Bid,
Bidder has to click on withdrawal icon at e-procurement portal and can withdraw
its e-Bid. Before withdrawal of a Bid, it may specifically be noted that after
withdrawal of a Bid for any reason, Bidder cannot re-submit e-Bid again.

2.15 Online Opening of Bids.

2.15.1 Opening of Bids will be done through online process.

2.16 Rejection of Bids

2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves the right
to reject any Bid and to annul the Bidding Process and reject all Bids at any time
without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event that the
Authority rejects or annuls all the Bids, it may, in its discretion, invite all eligible
Bidders to submit fresh Bids hereunder.

2.16.2 The Authority reserves the right not to proceed with the Bidding Process at any time,
without notice or liability, and to reject any Bid without assigning any reasons.

2.17 Validity of Bids

The Bids shall be valid for a period of not less than 180 (one hundred and Eighty) days
from the Bid Due Date. The validity of Bids may be extended by mutual consent of
the respective Bidders and the Authority.

2.18 Confidentiality

Information relating to the examination, clarification, evaluation and

recommendation for the Bidders shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor
advising the Authority in relation to, or matters arising out of, or concerning the
29
 Bidding Process. The Authority will treat all information, submitted as part of the Bid,
in confidence and will require all those who have access to such material to treat the
same in confidence. The Authority may not divulge any such information unless it is
directed to do so by any statutory entity that has the power under law to require its
disclosure or is to enforce or assert any right or privilege of the statutory entity
and/ or the Authority or as may be required by law or in connection with any
legal process.

2.19 Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any Bid.

D. BID SECURITY

2.20 Bid Security

2.20.1 The Bidder shall furnish as part of its Bid, a Bid Security referred to in Clause 1.2.4
hereinabove through [e- payment Gateway of Authority or submitted as Bank
Guarantee Bond from a scheduled commercial bank of India]. A scanned copy of the
e-payment receipt/Bank guarantee shall be uploaded on e-procurement portal while
applying to the tender.

2.20.2 Any Bid not accompanied by the Bid Security shall be summarily rejected by the
Authority as non-responsive.

2.20.3 The Selected Bidder’s Bid Security will be returned, without any interest, upon the
Bidder signing the Contract Agreement and furnishing the Performance Security in
accordance with the provisions thereof. The Authority may, at the Selected Bidder’s
option, adjust the amount of Bid Security in the amount of Performance Security to
be provided by him in accordance with the provisions of the Agreement.

2.20.4 The Authority shall be entitled to forfeit and appropriate the Bid Security as
Damages inter alia in any of the events specified in Clause 2.20.5 herein below.
The Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to have
acknowledged and confirmed that the Authority will suffer loss and damage on
account of withdrawal of its Bid or for any other default by the Bidder during the
period of Bid validity as specified in this RFP. No relaxation of any kind on Bid
Security shall be given to any Bidder.

2.20.5 The Bid Security shall be forfeited and appropriated by the Authority as damages
payable to the Authority for, inter-alia, time cost and effort of the Authority without
prejudice to any other right or remedy that may be available to the Authority under the
Bidding documents and / or under the Agreement, or otherwise, under the following
conditions:

(a) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice as specified in Section 4 of this RFP;
(b)) If a Bidder withdraws its Bid during the period of Bid validity as specified in this
RFP and as extended by mutual consent of the respective Bidder(s) and the
Authority;

30
 (c) In the case of Selected Bidder, if it fails within the specified/extended time limit by
Authority -
(i) to sign and return the duplicate copy of LOA;
(ii) to furnish the Performance Security as per Article 7 of draft EPC
Agreement; or
(iii) to sign the EPC Agreement within 60 Days of LAO issue;

2.20.6 In case of, submission of Bid Security in the form of Bank Guarantee, following shall be
ensured:
i. A scanned copy of the Bank Guarantee shall be uploaded on e- Procurement
Portal (IREPS) while applying to the tender.
ii. The original Bank Guarantee should be delivered in person to the official
nominated as indicated in the tender document within 5 working days of deadline
of submission of bids.
iii. Non submission of scanned copy of Bank Guarantee with the bid on e-tendering
portal (IREPS) and /or non-submission of original Bank Guarantee within the
specified period shall lead to summary rejection of bid.
iv. The Bid Security shall remain valid for a period of 90 days beyond the validity
period for the Tender.
v. The details of the BG, physically submitted should match with the details available
in the scanned copy and the data entered during bid submission time, failing
which the bid will be rejected.
vi. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The
envelope shall clearly bear the identification “Bid for the [Name of the
Project]”and shall clearly indicate the name and address of the Bidder. In
addition, the Bid Due Date should be indicated on the right hand top corner of the
envelope.
vii. The envelope shall be addressed to the officer and address as mentioned in the
tender document.
viii. If the envelope is not sealed and marked as instructed above, the Railway assumes
no responsibility for the misplacement or premature opening of the contents of
the Bid submitted and consequent losses. If any, suffered by the Bidder.

2.21 Performance Security

2.21.1 Within 30 (thirty) days of issue of LOA, the selected Bidder shall furnish to the
Authority an irrevocable and unconditional guarantee from a Bank in the form
set forth in draft EPC agreement (the “Performance Security”) for an amount
equal to 5% (five percent) of its Bid Price.

2.21.2 For detailed provisions of Performance Security refer Article 7 of draft EPC
agreement.

2.22 Preference to Make in India

Preference to Make in India: The provisions of revised ‘Public Procurement

(Preference to Make in India) Order 2017’ issued by Department of Industrial
Policy and Promotion under Ministry of Commerce and Industry vide letter no.
P-45021/2/2017-PP (BE-II) dated: 16.09.2020, as amended from time to time up
to Bid Due date, shall be applicable to bidding process and award of the
31
contract shall be done accordingly.

32
 SECTION-3

EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF

FINANCIAL BIDS

3.1 Evaluation of Technical Bids

3.1.1 The Authority shall open the Bids received online at .......**hours IST on
……………..**, at the place specified in Clause 2.11.4 (i); and in the presence of
the Bidders who choose to attend. The Authority shall prepare minutes of the Bid
opening, including information disclosed to those present at the time of Bid opening.

3.1.2 Technical Bids of those Bidders, who have not submitted their Bid online, shall not be
considered for opening and evaluation.

3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained in

formats other than those specified herein, the Authority may, in its sole discretion,
exclude the relevant information for consideration of eligibility and Qualification of the
Bidder.

3.1.4 To facilitate evaluation of Technical Bids, the Authority may, at its sole discretion,
seek clarifications in writing from any Bidder regarding its Technical Bid, provided that
the clarification sought is only in nature of confirming/ clarifying details with respect to
already submitted information/ document/ data/ dates. No additional or new document or
data can be either called for or their submission entertained. Any clarifying information
will not be aimed at making an unqualified Bidder Qualified or an unresponsive Bid,
Responsive. Such clarification(s) shall be provided within the time specified by the
Authority for this purpose. Any request for clarification(s) and all clarification(s) in
response thereto shall be in writing. The Bids will be examined and evaluated in
accordance with the provisions set out in this Section 3. The Authority will subsequently
flag issues, if any with the data updated by the Bidders.

3.1.5 If a Bidder does not provide clarifications sought under Clause 3.1.4 above within the
prescribed time, its Bid may be liable to be rejected. In case the Bid is not rejected, the
Authority may proceed to evaluate the Bid by construing the particulars requiring
clarification to the best of its understanding, and the Bidder shall be barred from
subsequently questioning such interpretation of the Authority.

3.1.6 Tests of responsiveness

3.1.6.1 As a first step towards evaluation of Technical Bids, the Authority shall determine
whether each Technical Bid is responsive to the requirements of this RFP. A
Technical Bid shall be considered responsive only if:

(a) The Bid is received online as per the format at Appendix-IA including Annexure I,
II, III, IV, V, VI, VII and Appendix 1B;
(b) All Documents listed at clause 2.11.2 are received physically within time as
mentioned in clause 1.3;
(c) Technical Bid is accompanied by the Bid Security as specified in Clause 1.2.4 and
2.20;
(d) The Power of Attorney is uploaded on e-procurement portal as specified in
Clauses 2.1.5;
33
 (e) Technical Bid is accompanied by Power of Attorney for Lead Member of
Consortium/Joint Venture and the Joint Bidding Agreement as specified in
Clause 2.1.6, if so required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and

3.1.6.2 The Authority reserves the right to reject any Technical Bid which is non-responsive
and no request for alteration, modification, substitution or withdrawal shall be
entertained by the Authority in respect of such Bid.

3.1.7 In the event that a Bidder claims credit for an Eligible Project, and such claim is
determined by the Authority as incorrect or erroneous, the Authority may reject / correct
such claim for the purpose of qualification requirements.

3.1.8 The Authority will evaluate the Technical Bids for their compliance to the eligibility and
qualification requirements pursuant to clause 2.2.1 & 2.2.2 of this RFP.

3.1.9 After evaluation of Technical Bids, the Authority will publish a list of technically
responsive Bidders whose Financial Bids shall be opened. The Authority shall notify
other Bidders that they have not been technically responsive. The Authority will not
entertain any query or clarification from Bidders who fail to qualify.

3.2 Opening and Evaluation of Financial Bids

The Authority shall inform the venue and time of online opening of the Financial Bids
to the technically responsive Bidders through e-procurement portal and e-mail. The
Authority shall open the online Financial Bids of the technically responsive Bidders
only on scheduled date and time in the presence of the authorised
representatives of the Bidders who may choose to attend.

3.3 Selection of Bidder

3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose Bid is adjudged as
responsive in terms of Clause 3.1.6 and who quotes lowest price shall be declared as the
selected Bidder (the “Selected Bidder”).

3.3.2 In the event that two or more Bidders quote the same Bid Price (the "Tie Bids"),
the Authority shall identify the Selected Bidder by draw of lots, which shall be
conducted, with prior notice, in the presence of the Tie Bidders who choose to attend.

3.3.3 In the event that the Lowest Bidder is not selected for any reason except the reason
mentioned in Clause 2.1.12 (e), the Authority shall annul the Bidding Process and invite
fresh Bids.

3.3.4 After selection, a Letter of Acceptance(the “LOA”) shall be issued in duplicate, by

the Authority to the Selected Bidder and the Selected Bidder shall, within 7
(seven) days of the receipt of the LOA, sign and return the duplicate copy of the LOA
in acknowledgement thereof. In the event the duplicate copy of the LOA duly
signed by the Selected Bidder and Original copy of Joint Venture/Consortium
Agreement is/or not received by the stipulated date, the Authority may, unless it
consents to extension of time for submission thereof, appropriate the Bid Security of
such Bidder as Damages on account of failure of the Selected Bidder to acknowledge
the LOA.
34
3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause
the Bidder to submit Performance Security within the period prescribed/extended by
Authority and then execute the Agreement within the period prescribed in Clause 1.3.
The Selected Bidder shall not be entitled to seek any deviation, modification or
amendment in the Agreement.

3.3.6 The Bid security of other than selected Bidders shall be returned within 7 working
days of issue of LOA. The Authority shall be responsible to return the Bid Security, as
above, and the Bidders shall not be required to ask for the same.

3.3.7 In case, Selected Bidder is Consortium, then Selected Bidder have to deposit the
Original copy of Consortium Agreement duly registered as per prevailing Law
within 45 days of the receipt of the LOA to Authority.

3.3.8 In case, Selected Bidder is a Joint Venture, then on issue of LOA, the Joint
Venture Agreement between members of the Joint Venture to whom work has
been awarded, with the same shareholding pattern as was declared in the Joint
bidding agreement document submitted along with RFP, shall be got registered
before the Registrar/Sub- Registrar under “The Indian Company Act-2013 (in
case of Company) or before the Registrar/Sub- Registrar under the “ The Indian
Partnership Act-1932 (in case of Partnership firm) or under LLP Act-2008 ( in
case of LLP) and deposit the Original copy of Joint Venture Agreement within 45
days of the receipt of the LOA to Authority.

3.4 Contacts during Bid Evaluation

Bids shall be deemed to be under consideration immediately after they are opened and
until such time the Authority makes official intimation of award/ rejection to the
Bidders. While the Bids are under consideration, Bidders and/ or their representatives
or other interested parties are advised to refrain, save and except as required under the
Bidding Documents, from contacting by any means, the Authority and/ or their
employees/ representatives on matters related to the Bids under consideration.

3.5 Correspondence with Bidder

Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any Bid.

3.6 Any information contained in the Bid shall not in any way be construed as binding on the
Authority, its agents, successors or assigns, but shall be binding against the Bidder if the
Project is subsequently awarded to it on the basis of such information.

35
 SECTION-4

FRAUD AND CORRUPT PRACTICES

4.1 The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent to
the issue of the LOA and during the subsistence of the Agreement. Notwithstanding
anything to the contrary contained herein, or in the LOA or the Agreement, the
Authority may reject a Bid, withdraw the LOA, or terminate the Agreement, as the
case may be, without being liable in any manner whatsoever to the Bidder, if it
determines that the Bidder, directly or indirectly or through an agent, engaged in
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice in the Bidding Process. In such an event, the Authority shall be
entitled to forfeit and appropriate the Bid Security or Performance Security, as the
case may be, as Damages, without prejudice to any other right or remedy that
may be available to the Authority under the Bidding Documents and/ or the
Agreement, or otherwise.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the
rights and remedies which the Authority may have under the LOA or the
Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by
the Authority to have directly or indirectly or through an agent, engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Bidding Process, or after the issue of the LOA or the
execution of the Agreement, such Bidder shall not be eligible to participate in any
tender or RFP issued by the Authority during a period of 2 (two) years from the date
such Bidder, or Contractor, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practices, as the case may be.

4.3 For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the actions of any person
connected with the Bidding Process (for avoidance of doubt, offering of
employment to, or employing, or engaging in any manner whatsoever, directly or
indirectly, any official of the Authority who is or has been associated in any
manner, directly or indirectly, with the Bidding Process or the LOA or has dealt
with matters concerning the EPC Contract or arising there from, before or after
the execution thereof, at any time prior to the expiry of one year from the date
such official resigns or retires from or otherwise ceases to be in the service of the
Authority, shall be deemed to constitute influencing the actions of a person
connected with the Bidding Process); or (ii) save and except as permitted under
Clause 2.6.4, engaging in any manner whatsoever, whether during the Bidding
Process or after the issue of the LOA or after the execution of the EPC Contract,
as the case may be, any person in respect of any matter relating to the Project or
the LOA or the EPC Contract, who at any time has been or is a legal, financial or
technical adviser of the Authority in relation to any matter concerning the
Project;

36
(b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;

(c) “coercive practice” means impairing or harming, or threatening to impair or

harm, directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the Authority with the objective
of canvassing, lobbying or in any manner influencing or attempting to
influence the Bidding Process; or (ii) having a Conflict of Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Bidders with the objective of
restricting or manipulating a full and fair competition in the Bidding Process.

37
 SECTION-5

PRE-BID CONFERENCE

5.1 Pre-Bid conference of the Bidders shall be convened at the designated date, time
and place. A maximum of two representatives of prospective Bidders shall be
allowed to participate on production of authority letter from the Bidder.

5.2 During the course of Pre-Bid conference(s), the Bidders will be free to seek
clarifications and make suggestions for consideration of the Authority. The
Authority shall endeavour to provide clarifications and such further information as it
may, in its sole discretion, consider appropriate for facilitating a fair, transparent and
competitive Bidding Process.

38
 SECTION-6

MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at [New Delhi] shall have exclusive jurisdiction over
all disputes arising under, pursuant to and/ or in connection with the Bidding
Process.

6.2 The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further
information;
(c) retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Bidder.

6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/ or
performance of any obligations hereunder, pursuant hereto and/ or in connection
with the Bidding Process and waives, to the fullest extent permitted by applicable
laws, any and all rights and/ or claims it may have in this respect, whether actual or
contingent, whether present or in future.

39
 APPENDIX –IA

LETTER COMPRISING THE TECHNICAL BID

(Refer Clause 2.1.4, 2.11 and 3.1.6)

The Chief Engineer/Construction-I

Rail Nirman Nilayam,
South Central Railway, Secunderabad.

Sub: Bid for “Name of the Work”

Dear Sir,

With reference to your RFP document dated *** **$, I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our Bid for the aforesaid
Project. The Bid is unconditional and unqualified.

2. I/ We acknowledge that the Authority will be relying on the information provided

in the Bid and the documents accompanying the Bid for selection of the
Contractor for the aforesaid Project, and we certify that all information provided
in the Bid and it’s the Annexure I to VI along with the supporting documents are true
and correct; nothing has been omitted which renders such information misleading; and
all documents accompanying the Bid are true copies of their respective originals.

3. This statement is made for the express purpose of our selection as EPC Contractor for
the development, construction of the aforesaid Project and rectification of defects in
Project during the Defect Liability Period.

4. I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the Bid.

5. I/ We acknowledge the right of the Authority to reject our Bid without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.

6. I/ We certify that in the last three years, we/ any of the {Consortium/Joint Venture}
partners have neither failed to perform for the works of Railways, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against us, nor been expelled or terminated by
Ministry of Railway or its implementing agencies for breach on our part.

7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents, including
any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c)
and 2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 4.3 of the RFP document, in
respect of any tender or request for proposal issued by or any Agreement entered

40
 into with the Authority or any other public sector enterprise or any government,
Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on
our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice; and

(e) the undertakings given by us along with the Bid in response to the
RFP for the Project were true and correct as on the date of making the Bid and
are also true and correct as on the Bid Due Date and I/we shall continue to abide by
them.

8. I/ We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any Bid that you may receive nor to invite the
Bidders to Bid for the Project, without incurring any liability to the Bidders, in
accordance with Clause 2.16.2 of the RFP document.

9. I/We believe that we/our {Consortium/Joint Venture} satisfy(s) the Technical

Capacity, Net Worth criteria and meet(s) the requirements as specified in the RFP
document.

10. I/ We declare that we/ any member of the {Consortium/Joint Venture} or

our/{Consortium/Joint Venture member}, are not a member of any other
Consortium/Joint Venture submitting a Bid for the Project.

11. I/ We certify that in regard to matters other than security and integrity of the
country, we/ any member of the {Consortium/Joint Venture} or any of our/their
{ Consortium/Joint Venture } member have not been convicted by a Court of Law or
indicted or adverse orders passed by a regulatory authority which could cast a doubt
on our ability to undertake the Project or which relates to a grave offence that
outrages the moral sense of the community.

12. I/ We further certify that in regard to matters relating to security and integrity of the
country, we/ any member of the { Consortium/Joint Venture } or any of our/their
{ Consortium/Joint Venture } member have not been charge-sheeted by any agency
of the Government or convicted by a Court of Law.

13. I/ We further certify that no investigation by a regulatory authority is pending either

against us/any member of {Consortium/Joint Venture} or against our CEO or
any of our directors/ managers/ employees.

14. I/ We further certify that we are not disqualified in terms of the additional criteria
specified by the Department of Disinvestment in their OM No. 3/9/2016-DoD-II-B
dated 28.09.2017, a copy of which forms part of the RFP at Annexure VI of
Appendix-IA thereof.

15. I/ We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification in terms of
the guidelines referred to above, we shall intimate the Authority of the same
immediately.

41
16. I/We further acknowledge and agree that in the event such change in control occurs
after signing of the Agreement upto its validity. It would, notwithstanding anything
to the contrary contained in the Agreement, be deemed a breach thereof, and the
Agreement shall be liable to be terminated without the Authority being liable to us
in any manner whatsoever.

17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage
at law or howsoever otherwise arising to challenge or question any decision taken by
the Authority in connection with the selection of the Bidder, or in connection
with the Bidding Process itself, in respect of the above mentioned Project and the
terms and implementation thereof.

18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into
an Agreement in accordance with the draft EPC Agreement that has been provided to
me/us prior to the Bid Due Date. We agree not to seek any changes in the
aforesaid draft EPC agreement and agree to abide by the same.

19. I/ We have studied all the Bidding Documents carefully and also surveyed the
[project]. We understand that except to the extent as expressly set forth in the
Agreement, we shall have no claim, right or title arising out of any documents or
information provided to us by the Authority or in respect of any matter arising out
of or relating to the Bidding Process including the award of Agreement.

20. I/ We offer a Bid Security of Rs.**** (Rupees **** only) to the Authority in
accordance with the RFP Document.

21. The Bid Security in the form of a e-payment receipt/scan copy of Bank Guarantee
is attached.

22. The documents accompanying the Technical Bid, as specified in Clause 2.11.1 of the
RFP, have been submitted in separate files.

23. I/ We agree and understand that the Bid is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if the
Project / Contract is not awarded to me/us or our Bid is not opened or rejected.

24. The Bid Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, draft EPC Agreement, our own
estimates of costs and after a careful assessment of the site and all the conditions that
may affect the project cost and implementation of the project.

25. I/ We agree and undertake to abide by all the terms and conditions of the RFP
document.

26. I/We, the {Consortium/Joint Venture } agree and undertake to be jointly and
severally liable for. all the obligations of the EPC Contractor under the
Contract Agreement}.

27. I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the Bid
Due Date specified in the RFP.

28 I/ We hereby submit our Bid for undertaking the aforesaid Project in accordance with
the Bidding Documents and the draft EPC Agreement.
42
29 I/We have read the clause regarding restriction on procurement from a bidder of
a country which shares a land border with India and certify that I am /We are not
from such a country or, if from such a country, have been registered with the
competent Authority I/We here by certify that I/we fulfill all the requirements
in this regard and am/are eligible to be considered (evidence of valid
registration by the competent authority is enclosed)”
30 I/We certify that I/We the tenderer(s) is/are not blacklisted or debarred by
Railways or any other Ministry / Department of Govt. of India from
participation in tender on the date of submission of bids, either in individual
capacity or as a HUF/member of the partnership firm/LLP/JV/Society/Trust.
31 I/We understand that if the contents of the Appendix-IA submitted by us are
found to be forged/false or incorrect at any time during process for evaluation
of tenders, it shall lead to forfeiture of the Bid Security and may also lead to
any other action provided in the contract including banning of business for a
period of upto two years. Further, I/We (insert name of the tenderer)**____ and
all my/our constituents understand that my/our offer shall be summarily
rejected.
32 I/We also understand that if the contents of the Appendix-IA submitted by us
are found to be false/forged or incorrect at any time after the award of the
contract, it will lead to termination of the contract, along with forfeiture of Bid
Security/Security Deposit and Performance guarantee and may also lead to any
other action provided in the contract including banning of business for a period
of upto two years.

In witness thereof, I/we submit this Bid under and in accordance with the terms of the
RFP document.

Yours faithfully,

Date: (Signature, name and designation

Place: of the Authorised signatory)

Name & seal of Bidder/Lead Member

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there

43
 APPENDIX – IB

Letter comprising the Financial Bid

(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
The Chief Engineer/Construction-I
Rail Nirman Nilayam,
South Central Railway, Secunderabad.

Sub: Bid for “Name of the Work”

Dear Sir,

With reference to your RFP document dated *** **, I/we, having examined the
Bidding Documents and understood their contents, hereby submit my/our Financial Bid
for the aforesaid Project. The Bid is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided
in the Bid and the documents accompanying the Bid for selection of the
Contractor for the aforesaid Project, and we certify that all information provided
in the Bid are true and correct; nothing has been omitted which renders such
information misleading; and all documents accompanying the Bid are true copies of
their respective originals.
3. The Bid Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, draft EPC Agreement, our own
estimates of costs and after a careful assessment of the site and all the conditions that
may affect the project cost and implementation of the project.
4. I/ We acknowledge the right of the Authority to reject our Bid without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into
an Agreement in accordance with the draft that has been provided to me/us prior to
the Bid Due Date. We agree not to seek any changes in the aforesaid draft and
agree to abide by the same.
6. I/ We shall keep this offer valid for 180 (one hundred and Eighty) days from the Bid
Due Date specified in the RFP.
7. I/ We have quoted Bid Price on e-portal for undertaking the aforesaid Project in
accordance with the Bidding Documents and the draft EPC Agreement.
Yours faithfully,

Date: (Signature, name and designation of the

Place: Authorised Signatory)
Name & seal of Bidder/Lead Member:..........
Class III DSC ID of Authorised Signatory:.............

Appendix IA
Annex-I

44
 ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in
India:
(d) Date of incorporation and/ or commencement of business:

2. Brief description of the Bidder including details of its main lines of

Business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication for
the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

4. Particulars of the Authorised Signatory of the Bidder:

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number

5. In case of a {Consortium/Joint Venture}:

(a) The information above (1-4) should be provided for all the Members of the
{Consortium/Joint Venture}
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should
be attached to the Application.
(c) Information regarding the role of each Member should be provided as per table
below:
Sl. Name of Member Role* Share holding of members
{Refer Clause in Consortium/Joint
2.1.11(d)}$ Venture {Refer Clauses
2.1.11(a), (f) }
1.
2.
3.
* The role of each member, as may be determined by the Bidder, should be
indicated.

………contd
$$
All provisions contained in curly parenthesis shall be suitably modified by the Bidders to reflect the
particulars relating to such Bidder.

45
 Appendix IA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14 for each member
of the {Consortium/Joint Venture}:

Name of Bidder/ member of Consortium/Joint Venture:

Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the {Consortium/Joint Venture}
been barred by the Ministry of Railway or its implementing
agencies for the works of Railway, from participating in Bidding.
2 If the answer to 1 is yes, does the bar subsist as on Bid due date.

6(a) I/ We certify that in the last three years, we/ any of the {Consortium/Joint
Venture} partners have neither failed to perform for the works of Railways as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitral award against us, nor been expelled or terminated by
Ministry of Railway or its implementing agencies for breach on our part.

(b) I/ We certify that we/ any of the {Consortium/Joint Venture } partners do not fall
in any of the categories of being a Non-Performing entity given at Clause 2.1.14 of
Instructions to Bidders in the projects of Ministry of Railways or its implementing
agencies and furnished the complete details.

7(a) I/ We further certify that no investigation by a regulatory authority is pending either

against us/any member of {Consortium/Joint Venture} or our sister concern or
against our CEO or any of our directors/managers/employees.

(b) I/ We further certify that no investigation by any investigating agency in India or

outside is pending either against us/ any member of {Consortium/Joint Venture}
or our sister concern or against our CEO or any of our
directors/managers/employees.

I/ We certify that the list is complete and covers all the projects of Railways or its
implementing agencies and that we/ any of the {Consortium/Joint Venture} partners do not
fall in any of the above categories of being a Non-Performing entity.
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………………..

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there

46
 Appendix IA
Annex-II
ANNEX-II

Technical Capacity of the Bidder@

(Refer to Clauses 2.2.2.1, 2.2.2.4 and 2.2.2.6 of the RFP)

Bidder type Project Cate- % Experience** Technical

#
Code* gory$ Share (Equivalent Rs. crore)$$ capacity£
Payments received for Value of self-
construction of construction in
Eligible Projects in Eligible Projects in
Categories 3 & 4 duly Categories 1 and 2
multiplied by factor duly multiplied by
mentioned in clause factor mentioned in
2.2.2.4(i) clause 2.2.2.4(i)
(1) (2) (3) (4) (5) (6) (7)=4*(5or
6)*0.5 (for
OECD)/1
(non OECD)
Single a
entity
Bidder b
or
Members of c
the d
Consortium
/ Joint e
Venture
f

Aggregate Technical capacity =

@
Provide details of only those projects that have been undertaken by the Bidder, or its
member in case of Consortium/Joint Venture, under its own name and/ or by an
Associate specified in Clause 2.2.2.9 and/ or by a project company eligible under
Clause 2.2.2.5(i)/(b). In case of Categories 1 and 2, include only those projects which
have an estimated capital cost exceeding the amount specified in Clause 2.2.2.5(i)/(c)
and for Categories 3 and 4, include only those projects where the payments received
exceed the amount specified in Clause 2.2.2.5(ii). In case the Bid Due Date falls within
3 (three) months of the close of the latest Financial Year, refer to Clause 2.1.13.
#
In case credit is claimed for an Associate, necessary evidence to establish the
relationship of the Bidder with such Associate, in terms of Clause 2.2.2.9, shall be
provided.
* Refer Annex-IV of this Appendix-IA. Add more rows if necessary.
$
Refer Clause 2.2.2.4.
** Construction shall not include supply of goods or equipment except when such goods
or equipment form part of a turn-key construction contract/ EPC contract for the
47
 project. In no case shall the cost of land be included while computing the Experience
Score of an Eligible Project.
$$
The conversion rate of USD into Rupees shall be the daily representative exchange
rates published by the Reserve Bank of India or entity authorized by RBI to do so for the
relevant date. Where relevant date should be as on the date 60 (Sixty) days prior to the
Bid Due Date. In case of any other currency, the same shall first be converted to US
Dollars as on the date 60 (sixty) days prior to the Bid Due Date, and the amount so
derived in US Dollars shall be converted into Rupees at the aforesaid rate. The
conversion rate of such currencies shall be the daily representative exchange rates
published by the International Monetary Fund for the relevant date.
£
In the case of an Eligible Project situated in an OECD country, the Technical
Experience so arrived at shall be further multiplied by 0.5, in accordance with the
provisions of Clause 2.2.2.4(ii), and the product thereof shall be the Technical
Capacity for such Eligible Projects.

NOTE: i) In case of a {Consortium/Joint Venture}, information in Annex-II of Appendix-IA

shall be provided separately for all members so as to establish Threshold Technical
Capacity. (Refer Clause 2.1.11 (c).

ii) Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there

Appendix IA

48
 Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.2, 2.2.2.8(i), 2.2.2.7(iii) of the RFP)
(In Rs. crore$)
$$
Bidder type Net Cash Accruals Net Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Member of the
Consortium/Joint Venture
TOTAL
NOTE: In case of a {Consortium/Joint Venture}, information in Annex-III of Appendix-IA
shall be provided separately for all Members so as to establish the Financial
Capacity. (Refer Clause 2.1.11 (c).
Name & address of Bidder’s Bankers:
$
For conversion of other currencies into rupees, see note below Annex-II of Appendix-IA.
$$
In case credit is claimed for an Associate, necessary evidence to establish the relationship of
the Bidder with such Associate, in terms of Clause 2.2.2.9, shall be provided.
£
The Bidder should provide details of its own Financial Capacity or of an Associate specified in
Clause 2.2.2.9.
Instructions:
1. The Bidder shall attach copies of the balance sheets, financial statements and Annual
Reports for 5 (five) years preceding the Bid Due Date. The financial statements shall:
(a) reflect the financial situation of the Bidder and its Associates where the Bidder
is relying on its Associate’s financials;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no statements
for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit after Tax + Depreciation.
3. Net Worth (the “Net worth”) shall meansthe aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet, but
does not include reserves created out of revaluation of assets, write-back of
depreciation and amalgamation.
4. Year 1 will be the latest completed Financial Year, preceding the Bidding. Year 2
shall be the year immediately preceding Year 1 and so on. In case the Bid Due Date
falls within 3 (three) months of the close of the latest Financial Year, refer to Clause
2.1.13.
5. In the case of a {Consortium/Joint Venture}, a copy of the Jt. Bidding Agreement
shall be submitted in accordance with Clause 2.1.11 (f) of the RFP document.
6. The Bidder shall also provide the name and address of the Bankers to the Bidder.
7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the
Bidder and also specifying the methodology adopted for calculating such net worth in
accordance with Clause 2.2.2.8 (ii) of the RFP document.
Appendix IA

49
 Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.1, 2.2.2.4 and 2.2.2.6 of the RFP)

Project Code:
Entity: Bidder/ Member (including associates if any) of Consortium/Joint Venture

Item Refer Particulars of the Project

Instruction
(1) (2) (3)
Title & nature of the project
Category 5
Year-wise (a) payments 6
received for construction, or (b)
expenditure on construction
works undertaken by itself in a
PPP project
Entity for which the project was 7
constructed
Location
Project cost 8
Date of commencement of
project/ contract
Date of completion/ 9
commissioning
Equity shareholding 10
(with period during which
equity was held)
Whether credit is being taken 16
for the Eligible Experience of
an Associate (Yes/ No)

Note: In case of a {Consortium/Joint Venture}, information in Annex-IV of Appendix-IA

shall be provided separately for all Members so as to establish the Threshold Technical
Capacity. (Refer Clause 2.1.11 (c).

Instructions:

1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
2.2.2.5 of the RFP, as the case may be. Information provided in this section is intended
to serve as a backup for information provided in the Bid. Bidders should also refer to the
Instructions below.

2. The Project Codes would be a, b, c, d etc.

50
3. A separate sheet should be filled for each Eligible Project.

4. In case the Eligible Project relates to an Associate, write “Associate”.

5. Refer to Clause 2.2.2.4(i) of the RFP for category number.

6. The total payments received and/ or expenditure incurred on construction works

undertaken by itself in a PPP project are to be stated for each Eligible Project in Annex-
II of this Appendix-IA. The figures to be provided here should indicate the break-up for
last 5 (five) previous Financial Years and the current financial year upto the Base
month (not to be read with para-2.1.13). For Categories 1 and 2, expenditure on
construction of the project by the Applicant itself should be provided, but only in
respect of projects having an estimated capital cost exceeding the amount specified in
Clause 2.2.2.5(i)/(c). In case of Categories 3 and 4, payments received only in respect of
construction should be provided, but only if the amount received exceeds the minimum
specified in Clause 2.2.2.5(ii). Receipts for construction works should only include
capital expenditure, and should not include expenditure on repairs and maintenance.

7. In case of projects in Categories 1 and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
concession, etc.) may be provided. In case of projects in Categories 3 and 4, similar
particulars of the client need to be provided.

8. Provided the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.5.

9. For Categories 1 and 2, the date of commissioning of the project, upon completion,
should be indicated. In case of Categories 3 and 4, date of completion of construction
should be indicated. In the case of projects under construction, the likely date of
completion or commissioning, as the case may be, shall be indicated.

10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning
the Eligible Project, held continuously during the period for which Eligible Experience
is claimed, needs to be given (Refer Clause 2.2.2.5(i)).

11. Certificate from the Bidder’s statutory auditor $ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that do not
have statutory auditors, the auditors who audit the annual accounts of the Bidder/
Associate may provide the requisite certification.

12. If the Bidder is claiming experience under Categories 1 & 2 it should provide a
certificate from its statutory auditor in the format below:

$ $
In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary.
51
 Certificate from the Statutory Auditor regarding PPP projects

Based on its books of accounts and other published information authenticated by it, this is to certify that
…………………….. (name of the Bidder/ Associate) is/ was an equity shareholder in ……………….. (title of the
project company) and holds/ held Rs. ……… cr. (Rupees ………………………….. crore) of equity (which
constitutes ……..%€ of the total paid up and subscribed equity capital) of the project company from …………...
(date) to …………….. (date)¥. The project was/ is likely to be commissioned on ……………. (date of
commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr. (Rupees …………………
crore), of which Rs. ……… cr. (Rupees …………… crore) of capital expenditure was incurred on construction
work undertaken by the aforesaid Bidder/ Associate itself, during the last 5 (five) Financial Years and the current
financial year upto the Base month (not to be read with para-2.1.13) i.e. ........ [date], as per year-wise details
noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation of the authorised signatory)
Date:

13. If the Bidder is claiming experience under Category 3 & 4, it should provide a certificate from its
statutory auditors or the client in the format below:

Certificate from the Statutory Auditor/ Client regarding construction works

Based on its books of accounts and other published information authenticated by it, {this is to certify that
…………………….. (name of the Bidder/ Associate) was engaged by ……………….. (title of the project
company) to execute ……………… (name of project) for …………………. (nature of project)}. The construction
of the project commenced on ………….. (date) and the project was/ is likely to be commissioned on ……………
(date, if any). It is certified that ……………. (name of the Bidder/ Associate) received Rs. ……….. cr. (Rupees
…………………………… crore) by way of payment for the aforesaid construction works.
We further certify that the total estimated capital cost of the project is Rs. …… cr. (Rupees …………………
crore), of which the Bidder/ Associate received Rs. ……… cr. (Rupees ……………………… crore), in terms of
Clauses 2.2.2.1/i and 2.2.2.5/ii of the RFP, during last 5 (five) Financial Years and the current financial year upto
the Base month (not to be read with para-2.1.13) i.e. ......... [date], as per year-wise details noted below:
………………………
………………………
{It is further certified that the receipts indicated above are restricted to the share of the Bidders who undertook
these works as a partner or a member of Consortium/Joint Venture.}

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company.
€€
Refer instruction no. 10 in this Annex-IV.
¥ ¥
In case the project is owned by the Bidder company, this language may be suitably modified to read: “It
is certified that …………….. (name of Bidder) constructed and/ or owned the ………….. (name of
project) from ……………….. (date) to ………………… (date).”

Refer Clauses 2.2.2.4 and 2.2.2.5(ii) of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company.

This certification should only be provided in case of jobs/ contracts, which are executed as part of a
partnership/ Consortium. The payments indicated in the certificate should be restricted to the share of
Bidder in such partnership/ Consortium/Joint Venture. This portion may be omitted if the contract did not
involve a partnership/ Consortium/Joint Venture”. In case where work is not executed by partnership/
Consortium/Joint Venture, this paragraph may be deleted.
52
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation of the authorised signatory).
Date:

14. In the event that credit is being taken for the Eligible Experience of an Associate, as defined in Clause
2.2.2.9, the Bidder should also provide a certificate in the format below:

Certificate from Statutory Auditor/ Company Secretary regarding Associate$

Based on the authenticated record of the Company, this is to certify that more than 50% (fifty per cent)
of the subscribed and paid up voting equity of ……………… (name of the Associate) is held, directly
or indirectly£, by ……………….. (name of Bidder). By virtue of the aforesaid share-holding, the latter
exercises control over the former, who is an Associate in terms of Clause 2.2.2.9 of the RFP.
A brief description of the said equity held, directly or indirectly, is given below:

{Describe the share-holding of the Bidder in the Associate}

Name of the audit firm:

Seal of the audit firm: (Signature, name and designation of the authorised signatory).
Date:

15. It may be noted that in the absence of any detail in the above certificates, the information would be
considered inadequate and could lead to exclusion of the relevant project in computation of Technical and
Financial capacity.

$ $
In the event that the Bidder/Consortium/Joint Venture members exercises control over an Associate by
operation of law, this certificate may be suitably modified and copies of the relevant law may be enclosed
and referred to.
£ £
In the case of indirect share-holding, the intervening companies in the chain of ownership should also be
Associates i.e., the share-holding in each such company should be more than 50% in order to establish
that the chain of “control” is not broken.

Refer Clause 2.2.2.4(i) of the RFP.
53
 Appendix -IA
Annex-V

ANNEX-V
Statement of Legal Capacity

(On the letter head of the Bidder/Lead Member of {Consortium/Joint Venture})

Ref. Date:

To,
***********
***********

Dear Sir,

We hereby confirm that we/ our members in the {Consortium/Joint Venture} (constitution of
which has been described in the Bid) satisfy the terms and conditions laid out in the RFP
document.

We have agreed that …………………… (insert member’s name) will act as the Lead Member
of our {Consortium/Joint Venture}.*

We have agreed that ………………….. (insert individual’s name) will act as our representative/
will act as the representative of the {Consortium/Joint Venture} on its behalf* and has been
duly authorized to submit the RFP. Further, the authorised signatory is vested with requisite
powers to furnish such letter and authenticate the same.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there

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Annexure VI
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)

No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
th
Dated 13 July, 2001.

OFFICE MEMORANDUM

Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment

Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for Bidders interested in PSE-disinvestment so that the parties selected
through competitive Bidding could inspire public confidence. Earlier, criteria like net worth,
experience etc. used to be prescribed. Based on experience and in consultation with concerned
departments, Government has decided to prescribe the following additional criteria for the
qualification/ disqualification of the parties seeking to acquire stakes in public sector enterprises
through disinvestment:

(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory
authority that casts a doubt on the ability of the Bidder to manage the public
sector unit when it is disinvested, or which relates to a grave offence would
constitute disqualification. Grave offence is defined to be of such a nature that it
outrages the moral sense of the community. The decision in regard to the nature
of the offence would be taken on case to case basis after considering the facts of
the case and relevant legal principles, by the Government of India.
(b) In regard to matters relating to the security and integrity of the country, any charge-
sheet by an agency of the Government/ conviction by a Court of Law for an
offence committed by the Bidding party or by any sister concern of the Bidding
party would result in disqualification. The decision in regard to the relationship
between the sisters concerns would be taken based on the relevant facts and after
examining whether the two concerns are substantially controlled by the same
person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that Government
deems appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment process,
would not be allowed to remain associated with it or get associated merely
because it has preferred an appeal against the order based on which it has been
disqualified. The mere pendency of appeal will have no effect on the
disqualification.

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Page-2

(e)The disqualification criteria would come into effect immediately and would apply to
all Bidders for various disinvestment transactions, which have not been
completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to explain
its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking
Expression of Interest (EOI) from the interested parties. The interested parties
would be required to provide the information on the above criteria, along with
their Expressions of Interest (EOI). The Bidders shall be required to provide with
their EOI an undertaking to the effect that no investigation by a regulatory
authority is pending against them. In case any investigation is pending against
the concern or its sister concern or against its CEO or any of its Directors/
Managers/ employees, full details of such investigation including the name of
the investigating agency, the charge/ offence for which the investigation has
been launched, name and designation of persons against whom the investigation
has been launched and other relevant information should be disclosed, to the
satisfaction of the Government. For other criteria also, a similar undertaking
shall be obtained along with EOI.

sd/-
(A.K. Tewari)
Under Secretary to the Government of India

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F.No.6/18/2019-PPD
Ministry of Finance
Department of Expenditure
Public Procurement Division

161, North Block,

New Delhi
23rd July, 2020
Office Memorandum

Subject: Insertion of Rule 144 (xi) in the General Financial Rules (GFRs), 2017

Rule 144 of the General Financial Rules 2017 entitled ‘Fundamental principles of public
buying’, has been amended by inserting sub-rule (xi) as under:

Notwithstanding anything contained in these Rules, Department of Expenditure may, by order

in writing, impose restrictions, including prior registration and/or screening, on procurement
from bidders from a country or countries, or a class of countries, on grounds of defence of
India, or matters directly or indirectly related thereto including national security; no
procurement shall be made in violation of such restrictions.
Sd/-
(Sanjay Prasad)
Joint Secretary (PPD)
Email ID: js.pfc2.doe@gov.in
Telephone: 011-23093882

To,
(1) Secretaries of All Ministries/ Departments of Government of India
(2) Chief Secretaries/ Administrators of Union Territories/ National Capital Territory of Delhi

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F.No.6/18/2019-PPD
Ministry of Finance
Department of Expenditure
Public Procurement Division

161, North Block,

New Delhi
23rd July, 2020

Order (Public Procurement No. 1)

Subject: Restrictions under Rule 144 (xi) of the General Financial Rules (GFRs), 2017

Attention is invited to this office OM no. 6/18/2019-PPD dated 23 rd July 2020 inserting
Rule 144 (xi) in GFRs 2017. In this regard, the following is hereby ordered under Rule 144 (xi)
on the grounds stated therein:

Requirement of registration

1. Any bidder from a country which shares a land border with India will be eligible to
bid in any procurement whether of goods, services (including consultancy services
and non-consultancy services) or works (including turnkey projects) only if the
bidder is registered with the Competent Authority, specified in Annex-I.

2. This Order shall not apply to (i) cases where orders have been placed or contract has
been concluded or letter/notice of award/ acceptance (LoA) has been issued on or
before the date of this order; and (ii) cases falling under Annex II.

Transitional cases

3. Tenders where no contract has been concluded or no LoA has been issued so far shall
be handled in the following manner: -

a) In tenders which are yet to be opened, or where evaluation of technical bid or

the first exclusionary qualificatory stage (i.e. the first stage at which the
qualifications of tenderers are evaluated and unqualified bidders are excluded)
has not been completed: No contracts shall be placed on bidders from such
countries. Tenders received from bidders from such countries shall be dealt with
as if they are non-compliant with the tender conditions and the tender shall be
processed accordingly.

b) If the tendering process has crossed the first exclusionary qualificatory stage: If
the qualified bidders include bidders from such countries, the entire process shall

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be scrapped and initiated de novo. The de novo process shall adhere to the
conditions prescribed in this Order.

c) As far as practicable, and in cases of doubt about whether a bidder falls under
paragraph 1, a certificate shall be obtained from the bidder whose bid is proposed
to be considered or accepted, in terms of paras 8, 9 and 10 read with para 1 of this
Order.

Incorporation in tender conditions

4. In tenders to be issued after the date of this order, the provisions of paragraph 1 and
of other relevant provisions of this Order shall be incorporated in the tender
conditions.

Applicability

5. Apart from Ministries / Departments, attached and subordinate bodies,

notwithstanding anything contained in Rule 1 of the GFRs 2017, this Order shall also
be applicable

a. to all Autonomous Bodies;

b. to public sector banks and public sector financial institutions; and
c. subject to any orders of the Department of Public Enterprises, to all Central
Public Sector Enterprises; and
d. to procurement in Public Private Partnership projects receiving financial
support from the Government or public sector enterprises/ undertakings.
e. Union Territories, National Capital Territory of Delhi and all
agencies/undertakings thereof

Definitions

6.“Bidder” for the purpose of this Order (including the term ‘tenderer’, ‘consultant’
‘vendor’ or ‘service provider in certain contexts) means any person or firm or
company, including any member of a consortium or joint venture (that is an
association of several persons, or firms or companies), every artificial juridical
person not falling in any of the descriptions of bidders stated hereinbefore, including
any agency, branch or office controlled by such person, participating in a
procurement process.

7. “Tender” for the purpose of this Order will include other forms of procurement,
except where the context requires otherwise.

8. “Bidder from a country which shares a land border with India” for the purpose of
this Order means

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a) An entity incorporated, established or registered in such a country; or

b) A subsidiary of an 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

9. “Beneficial owner” for the purpose of paragraph 8 above will be as under:

(i) 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(s), has a controlling ownership interest or who exercises
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 the majority of the directors or to
control the management or policy decisions, including by virtue of their
shareholding or management rights or shareholders agreements or voting
agreements;

(ii) In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;

(ii) 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;

(iv) Where no natural person is identified under (i) or (ii) or (iii) above, the
beneficial owner is the relevant natural person who holds the position of senior
managing official;

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(v) 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.
10."Agent” for the purpose of this Order is a person employed to do any act for
another, or to represent another in dealings with third persons.

Sub-contracting in works contracts

11. In works contracts, including turnkey contracts, contractors shall not be allowed to
sub-contract works to any contractor from a country which shares a land border
with India unless such contractor is registered with the Competent Authority. The
definition of “contractor from a country which shares a land border with India”
shall be as in paragraph 8 above. This shall not apply to sub-contracts already
awarded on or before the date of this Order.

Certificate regarding compliance

12. A certificate shall be taken from bidders in the tender documents regarding their
compliance with this Order. If such certificate given by a bidder whose bid is
accepted is found to be false, this would be a ground for immediate termination and
further legal action in accordance with law.

Validity of registration

13. In respect of tenders, registration should be valid at the time of submission of bids
and at the time of acceptance of bids. In respect of supply otherwise than by tender,
registration should be valid at the time of placement of order. If the bidder was
validly registered at the time of acceptance / placement of order, registration shall
not be a relevant consideration during contract execution.

Government E-Marketplace

14. The Government E-Marketplace shall, as soon as possible, require all vendors/
bidders registered with GeM to give a certificate regarding compliance with this
Order, and after the date fixed by it, shall remove non-compliant entities from GeM
unless/ until they are registered in accordance with this Order.

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Model Clauses/ Certificates

15. Model Clauses and Model Certificates which may be inserted in tenders / obtained
from Bidders are enclosed as Annex Ill. While adhering to the substance of the
Order, procuring entities are free to appropriately modify the wording of these
clauses based on their past experience, local needs etc. without making any
reference to this Department.
Sd/-
(Sanjay Prasad)
Joint Secretary (PPD)
Email ID: js.pfc2.doe@gov.in
Telephone: 011-23093882
To
(1) Secretaries of All Ministries/ Departments of Government of India for information and
necessary action. They are also requested to inform these provisions to all procuring
entities.
(2) Secretary, Department of Public Enterprises with a request to immediately reiterate
these orders in respect of Public Enterprises.
(3) Secretary DPIIT with a request to initiate action as provided under Annex I
(4) Chief Secretaries/ Administrators of Union Territories/ National Capital Territory of
Delhi

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Annex I: Competent Authority and Procedure for Registration

A. The Competent Authority for the purpose of registration under this Order shall be the
Registration Committee constituted by the Department for Promotion of Industry and
Internal Trade (DPIIT)*.
B. The Registration Committee shall have the following members*:

i. An officer, not below the rank of Joint Secretary, designated for this purpose by
DPIIT, who shall be the Chairman;
ii. Officers (ordinarily not below the rank of Joint Secretary) representing the
Ministry of Home Affairs, Ministry of External Affairs, and of those Departments
whose sectors are covered by applications under consideration:
iii. Any other officer whose presence is deemed necessary by the Chairman of the
Committee.

C. DPIIT shall lay down the method of application, format etc. for such bidders as stated in
para 1 of this Order.
D. On receipt of an application seeking registration from a bidder from a country covered
by para 1 of this Order, the Competent Authority shall first seek political and security
clearances from the Ministry of External Affairs and Ministry of Home Affairs, as per
guidelines issued from time to time. Registration shall not be given unless political and
security clearance have both been received.
E. The Ministry of External Affairs and Ministry of Home Affairs may issue guidelines for
internal use regarding the procedure for scrutiny of such applications by them.
F. The decision of the Competent Authority, to register such bidder may be for all kinds of
tenders or for a specified type(s) of goods or services, and may be for a specified or
unspecified duration of time, as deemed fit. The decision of the Competent Authority
shall be final.
G. Registration shall not be granted unless the representatives of the Ministries of Home
Affairs and External Affairs on the Committee concur*.
H. Registration granted by the Competent Authority of the Government of India shall be
valid not only for procurement by Central Government and its agencies/ public
enterprises etc. but also for procurement by State Governments and their agencies/
public enterprises etc. No fresh registration at the State level shall be required.
I. The Competent Authority is empowered to cancel the registration already granted if it
determines that there is sufficient cause. Such cancellation by itself, however, will not
affect the execution of contracts already awarded. Pending cancellation, it may also
suspend the registration of a bidder, and the bidder shall not be eligible to bid in any
further tenders during the period of suspension.
J. For national security reasons, the Competent Authority shall not be required to give
reasons for rejection / cancellation of registration of a bidder.

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K. In transitional cases falling under para 3 of this Order, where it is felt that it will not be
practicable to exclude bidders from a country which shares a land border with India, a
reference seeking permission to consider such bidders shall be made by the procuring
entity to the Competent Authority, giving full information and detailed reasons. The
Competent Authority shall decide whether such bidders may be considered, and if so
shall follow the procedure laid down in the above paras.
L. Periodic reports on the acceptance/ refusal of registration during the preceding period
may be required to be sent to the Cabinet Secretariat. Details will be issued separately in
due course by DPIIT.

[*Note:
i. In respect of application of this Order to procurement by/ under State Governments, all
functions assigned to DPIIT shall be carried out by the State Government concerned
through a specific department or authority designated by it. The composition of the
Registration Committee shall be as decided by the State Government and paragraph G
above shall not apply. However, the requirement of political and security clearance as
per para D shall remain and no registration shall be granted without such
clearance.

ii. Registration granted by State Governments shall be valid only for procurement by the
State Government and its agencies/ public enterprises etc. and shall not be valid for
procurement in other states or by the Government of India and their agencies/ public
enterprises etc.]

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Annex II: Special Cases

A. Till 31% December 2020, procurement of medical supplies directly related to

containment of the Covid-19 pandemic shall be exempt from the provisions of this
Order.
B. Bona fide procurements made through GeM without knowing the country of the bidder
till the date fixed by GeM for this purpose, shall not be invalidated by this Order.
C. Bona fide small procurements, made without knowing the country of the bidder, shall
not be invalidated by this Order.
D. In projects which receive international funding with the approval of the Department of
Economic Affairs (DEA), Ministry of Finance, the procurement guidelines applicable to
the project shall normally be followed, notwithstanding anything contained in this Order
and without reference to the Competent Authority. Exceptions to this shall be decided in
consultation with DEA.
E. This Order shall not apply to procurement by Indian missions and by offices of
government agencies/ undertakings located outside India.

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Annex lll
Model Clause /Certificate to be inserted in tenders etc.
(While adhering to the substance of the Order, procuring entities and GeM are free to
appropriately modify the wording of the clause/ certificate based on their past experience, local
needs etc.)

Model Clauses for Tenders

I. Any bidder from a country which shares a land border with India will be eligible to
bid in this tender only if the bidder is registered with the Competent Authority.
II. “Bidder” (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 (that is an association of several persons, or firms or
companies), every artificial juridical person not falling in any of the descriptions of
bidders stated hereinbefore, 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
this Order means: -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an 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 exercises
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 management rights or shareholders agreements or voting
agreements;

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2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through 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 (1) or (2) or (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 is a person employed to do any act for another, or to represent another in

dealings with third person.
VI. [To be inserted in tenders for Works contracts, including Turnkey contracts] The
successful bidder shall not be allowed to sub-contract works to any contractor from
a country which shares a land border with India unless such contractor is registered
with the Competent Authority.

Model Certificate for Tenders (for transitional cases as stated in para 3 of this Order)

“I have read the clause regarding restrictions on procurement from a bidder of a

country which shares a land border with India; I hereby certify that this bidder is
not from such a country and is eligible to be considered.”

Model Certificate for Tenders

“I have read the clause regarding restrictions on procurement from a bidder of a

country which shares a land border with India; I certify that this bidder is not from
such a country or, if from such a country, has been registered with the Competent
Authority. I hereby certify that this bidder fulfills all requirements in this regard and
is eligible to be considered. [Where applicable, evidence of valid registration by the
Competent Authority shall be attached.]”

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Model Certificate for Tenders for Works involving possibility of sub-contracting

“I have read the clause 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 certify that this bidder is 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
contractor is registered with the Competent Authority. I hereby certify that this
bidder fulfills all requirements in this regard and is eligible to be considered.
[Where applicable, evidence of valid registration by the Competent Authority shall
be attached.]”

Model Certificate for GeM:

‘I have read the clause regarding restrictions on procurement from a bidder of a

country which shares a land border with India; I certify that this vendor/ bidder is
not from such a country or, if from such a country, has been registered with the
Competent Authority. I hereby certify that this vendor/ bidder fulfills all
requirements in this regard and is eligible to be considered for procurement on
GeM. [Where applicable, evidence of valid registration by the Competent
Authority shall be attached.]”

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F.No.6/18/2019-PPD
Ministry of Finance
Department of Expenditure
Public Procurement Division

161, North Block,

New Delhi
rd
23 July, 2020

Order (Public Procurement No. 2)

Subject: Exclusion from restrictions under Rule 144(xi) of the General Financial Rules
(GFRs). 2017 –regarding.

In order to (Public Procurement No.1) dated 23rd July 2020, orders have been issued
requiring registration of bidders from a country sharing a land border with India in order
to be eligible to bid in public procurement.

2. Notwithstanding anything contained therein, it is hereby clarified that the said

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 engaged in development projects.

3. Updated lists of countries to which lines of credit have been extended or in

which development projects are undertaken are given in the website of the Ministry of
External Affairs.

Sd/-
(Sanjay Prasad)
Joint Secretary (PPD)
Email ID: js.pfc2.doe@gov.in
Telephone: 011-23093882

To.
1. Secretaries of All Ministries/ Departments of Government of India for information and
necessary action. They are also requested to inform the clarification to all procuring
entities.
2. Secretary, Department of Public Enterprises with a request to immediately circulate this
clarification among Public Enterprises.
3. Chief Secretaries/ Administrators of Union Territories/ National Capital Territory of
Delhi

69
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F.No.6/18/2019-PPD
Ministry of Finance
Department of Expenditure
Public Procurement Division

161, North Block,

New Delhi
24" July, 2020

Order (Public Procurement No. 3)

Subject: Clarification to Order (Public Procurement No.1) dated 23 July 2020

Attention is invited to paragraph 3(b) of the Order (Public Procurement No.1), under the
heading “Transitional provisions” which reads as follows:

b) If the tendering process has crossed the first exclusionary qualificatory stage: If the
qualified bidders include bidders from such countries, the entire process shall be
scrapped and initiated de novo. The de novo process shall adhere to the conditions
prescribed in this Order.

It is hereby clarified that for the purpose of paragraph 3 (b), “qualified bidders” means only
those bidders who would otherwise have been qualified for award of the tender after
considering all factors including price. if Order (Public Procurement No. 1) dated 23 rd July 2020
had not been issued.

2. If bidders from such countries would not have qualified for award for reasons
unconnected with the said Order (for example, because they do not meet tender criteria or their
price bid is higher or because of the provisions of purchase preference under any other order or
rule or any other reason) then there is no need to scrap the tender / start the process de novo.

3. The following examples are given to assist in implementation of the Order.

Example1: Four bids are received in a tender. One of them is from a country which
shares a land border with India. The bidder from such country is found to be qualified
technically by meeting all prescribed criteria and is also the lowest bidder. In this case,
the bidder is qualified for award of the tender, except for the provisions of the Order
(Public Procurement No. 1) dated 23" July. In this case, the tender should be scrapped
and fresh tender initiated.
Example 2: The facts are as in Example 1, but the bidder from such country, though
technically qualified is not the lowest because there are other technically qualified
bidders whose price is lower. Hence the bidder from such country would not be
qualified for award of the tender irrespective of the Order (Public Procurement No. 1)
dated 23rd July 2020. In such a case, there is no need to scrap the tender.

Appendix IA

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Example 3: The facts are as in Example 1, but the bidder from a country which shares a
land border with India, though technically qualified, is not eligible for award due to the
application of price preference as per other orders/ rules. In such a case, there is no need
to scrap the tender.
Example 4: Three bids are received in a tender. One of them is a bidder from a country
sharing a land border with India. The bidder from such a country does not meet the
technical requirements and hence is not qualified. There is no need to scrap the tender.

Sd/-
(Sanjay Prasad)
Joint Secretary (PPD)
Email ID: js.pfc2.doe@gov.in
Telephone: 011-23093882

To.
4. Secretaries of All Ministries/ Departments of Government of India for information and
necessary action. They are also requested to inform the clarification to all procuring
entities.
5. Secretary, Department of Public Enterprises with a request to immediately circulate this
clarification among Public Enterprises.
6. Chief Secretaries/ Administrators of Union Territories/ National Capital Territory of
Delhi

72
 APPENDIX-II
Format for Power of Attorney for signing of Bid
(Refer Clause 2.1.5)
Know all men by these presents, We…………………………………………….. (name of the
firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint
and authorize Mr./ Ms (name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently
employed with us/ the Lead Member of our { Consortium/Joint Venture } and holding the
position of ……………………………. , as our true and lawful attorney (hereinafter referred to
as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our Bid for the Project
proposed or being developed by the [Railways] (the “Authority”) including but not limited to
signing and submission of all Bids and other documents and writings, participate in Pre-Bid and
other conferences and providing information/ responses to the Authority, representing us in all
matters before the Authority, signing and execution of all contracts including the EPC
agreement and undertakings consequent to acceptance of our Bid, and generally dealing with
the Authority in all matters in connection with or relating to or arising out of our Bid for the
said Project and/ or upon award thereof to us and/or until the entering into of the EPC Contract
with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us.

IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For …………………………..
(Signature, name, designation and address)
of person authorized by Board Resolution
(in case of Firm/ Company)/ partner in case of
Witnesses: Partnership firm
1.
2.
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney)
(Notarized)
Person identified by me/ personally appeared before me/
Attested/ Authenticated*
(*Notary to specify as applicable)
(Signature Name and Address of the Notary)

Seal of the Notary

Registration No. of the Notary
Date:………………
73
 Notes:
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
 Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian
Embassy if it carries a conforming Appostille certificate.

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there

74
 APPENDIX-III

Format for Power of Attorney for Lead Member of {Consortium/Joint Venture}

(Refer Clause 2.1.6)

Whereas the [Railways] (the “Authority”) has invited Bids for the ***** Project (the
“Project”).

Whereas, …………………….., …………………….., and …………………….. (collectively

the “{Consortium/Joint Venture }”) being Members of the { Consortium/Joint Venture }
are interested in Bidding for the Project in accordance with the terms and conditions of the
Request for Proposal (RFP) and other Bid documents including agreement in respect of the
Project, and

Whereas, it is necessary for the Members of the {Consortium/Joint Venture} to designate one of
them as the Lead Member with all necessary power and authority to do for and on behalf of the
{Consortium/Joint Venture}, all acts, deeds and things as may be necessary in connection
with the {Consortium’s/Joint Venture} Bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …… having our registered office at ……., M/s. ….. having our registered office at …,
M/s. … having our registered office at ….., and ….. having our registered office at ………,
(hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate, constitute, appoint and authorize M/s ……. having its registered office at ……….,
being one of the Members of the {Consortium/Joint Venture}, as the Lead Member and true and
lawful attorney of the Consortium/Joint Venture (hereinafter referred to as the “Attorney”). We
hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business
for and on behalf of the { Consortium/Joint Venture } and any one of us during the Bidding
process and, in the event the {Consortium/Joint Venture} is awarded the contract, during the
execution of the Project and in this regard, to do on our behalf and on behalf of the
{ Consortium/Joint Venture }, all or any of such acts, deeds or things as are necessary or
required or incidental to the pre-qualification of the { Consortium/Joint Venture } and
submission of its Bid for the Project, including but not limited to signing and submission of all
applications, Bids and other documents, signing bank Guarantee for Bid security and writings,
participate in pre Bid and other conferences, respond to queries, submit information/
documents, sign and execute contracts and undertakings consequent to acceptance of the Bid of
the { Consortium/Joint Venture } and generally to represent the { Consortium/Joint Venture }
in all its dealings with the Authority, and/ or any other Government Agency or any person, in
all matters in connection with or relating to or arising out of the {Consortium/Joint Venture }
Bid for the in all respect Project and/ or upon award thereof till the EPC Contract is entered into
with the Authority & Completed.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us/ {Consortium/Joint Venture}.

75
 IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

For …………………….. For …………………….. For ……………………..

(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(To be executed by all the Members of the {Consortium/Joint Venture})

Witnesses:
1.
2.

Notes:
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
 Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Bidders from countries that have
signed Legislation Convention 1961 are not required to be legalized by the Indian Embassy if
it carries a conforming Appostille certificate.

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there
APPENDIX IV

76
 Format for Joint Bidding Agreement for {Consortium/Joint Venture}

(Refer Clause 2.1.11)

(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of …………
20…

AMONGST

1. {………… Limited, and having its registered office at ………… } (hereinafter referred
to as the “First Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

AND

2. {………… Limited, having its registered office at ………… }and (hereinafter referred
to as the “Second Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter referred
to as the “Third Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

4. {………… Limited, and having its registered office at …………} (hereinafter referred
to as the “Fourth Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

The above mentioned parties of the FIRST, {SECOND, THIRD and FOURTH} PART are
collectively referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) The President of India represented by the Ministry of Railways, ***********

(hereinafter referred to as the “Authority” which expression shall, unless repugnant to
the context or meaning thereof, include its administrators, successors and assigns) (the
“Authority”), having its principal office at ********, [New Delhi,110001, India”] is
engaged in the development of railways and related infrastructure, and as part of this
endeavour, has invited Bids (the Bids”) by its Request for Proposal No. ………… dated
…………(the “RFP”) for award of contract for [construction/electrification] of the
railway line [(Name of the section) of the name of the project ***] (the “Project”)
through an Engineering, Procurement and Construction (the “EPC”) Contract.

77
(B) The Parties are interested in jointly Bidding for the Project as members of a
{ Consortium/Joint Venture } and in accordance with the terms and conditions of the
RFP document and other Bid documents in respect of the Project, and

(C) It is a necessary condition under the RFP document that the members of the
{Consortium/Joint Venture} shall enter into a Joint Bidding Agreement and furnish a
copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalized terms shall, unless the context otherwise requires,
have the meaning ascribed thereto under the RFP.
2. {Consortium/Joint Venture}
2.1 The Parties do hereby irrevocably constitute a Consortium/Joint Venture (the
“{Consortium/Joint Venture}”) for the purposes of jointly participating in the Bidding
Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through this
{Consortium/Joint Venture} and not individually and/ or through any other
{Consortium/Joint Venture} constituted for this Project, either directly or indirectly.

3. Covenants
The Parties hereby undertake that in the event the {Consortium/Joint Venture} is
declared the Selected Bidder and awarded the Project, it shall enter into an EPC
Contract with the Authority for performing all its obligations as the Contractor in terms
of the EPC Contract for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described
below:
(a) Party of the First Part shall be the Lead member of the {Consortium/Joint Venture} and
shall have the power of attorney from all Parties for conducting all business for and on
behalf of the {Consortium/Joint Venture} during the Bidding Process and for
performing all its obligations as the Contractor in terms of the EPC Contract for the
Project;
(b) Party of the Second Part shall be {the member of the Consortium/Joint Venture}; and
(c) Party of the Third Part shall be {the member of the Consortium/Joint Venture.}
(d) Party of the 4th Part shall be {the member of the Consortium/Joint Venture.}

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms of the
RFP and the EPC Contract, till such time as the completion of the Project is achieved
under and in accordance with the EPC Contract.

78
6. Share of work in the Project
The Parties agree that the proportion of construction in the EPC Contract to be allocated
among the members shall be as follows:

First Party:
{Second Party:}
{Third Party:}
{Fourth Party:}
Further, the Lead Member shall itself undertake and perform at least 30 (thirty) per cent
of the total length of the project highway if the Contract is allocated to the
{Consortium/Joint Venture}
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organized, validly existing and in good standing under the
laws of its incorporation and has all requisite power and authority to enter into
this Agreement;
(b) The execution, delivery and performance by such Party of this Agreement has
been authorized by all necessary and appropriate corporate or governmental
action and a copy of the extract of the charter documents and board resolution/
power of attorney in favour of the person executing this Agreement for the
delegation of power and authority to execute this Agreement on behalf of the
{Consortium/Joint Venture} Member is annexed to this Agreement, and will not,
to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to
it;
(iii) violate the memorandum and articles of association, by-laws or other
applicable organizational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other
governmental authorization, approval, judgment, order or decree or any
mortgage agreement, indenture or any other instrument to which such
Party is a party or by which such Party or any of its properties or assets
are bound or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests,
charges or Encumbrances or obligations to create a lien, charge, pledge,
security interest, encumbrances or mortgage in or on the property of such
Party, except for encumbrances that would not, individually or in the
aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement;
(c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Affiliates is a party that presently affects or
which would have a material adverse effect on the financial condition or
prospects or business of such Party in the fulfillment of its obligations under this
Agreement.
79
 8. Termination
This Agreement shall be effective from the date hereof and shall continue in full force
and effect until Project completion (the “Defects Liability Period”) is achieved under
and in accordance with the EPC Contract, in case the Project is awarded to the
{Consortium/Joint Venture} However, in case the {Consortium/Joint Venture} is either
not pre-qualified for the Project or does not get selected for award of the Project, the
Agreement will stand terminated in case the Applicant is not pre-qualified or upon
return of the Bid Security by the Authority to the Bidder, as the case may be.

9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of {India}.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.SIGNED,
SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by: SECOND PART THIRD PART
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of:
1……………….

Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executants(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and
documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of the
{Consortium/Joint Venture} Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalized
by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.

80
 APPENDIX-V

LIST OF BID-SPECIFIC CLAUSES$

A. Clauses and appendices with non-numerical footnotes

1. Clause 2.2.2.4/iii: Qualification requirement

2. Clause 2.2.28: Qualification requirement
3. Appendix IA: Letter Comprising the Bid for –Qualification.
4. Appendix IA, Annex-I
5. Appendix IA, Annex-II
6. Appendix IA, Annex-III
7. Appendix IA, Annex-IV & V
8. Appendix II, & III
9. Appendix IV & V
10. Appendix VI

B. Clauses and appendices with curly brackets

1. Appendix IA: Letter Comprising the Bid for Qualification: Para’s 6, 9, 10, 11, 12, 13, 26
2 Appendix IA, Annex I
3. Appendix IA Annex-II, III, IV and V

C. Clauses and appendices with blank spaces

1. NIT
2. Clause 2.2.2.4/iii, 2.11.1, 2.12, 2.14.1.2, 2.14.2.3
2. Appendix IA, Annex-I, IV, V.
3.Appendix II, III, IV
APPENDIX-VI

$ $
This Appendix-V contains a list of clauses and appendices that would need to be suitably modified for
reflecting applicant-specific provisions. This Appendix-V may, therefore, be included in the RFP
document to be issued to prospective Bidders. The blank spaces in Appendices may be filled up by the
Bidders and the footnotes may be deleted when it submits its Bid.
81
 LIST OF PROJECT-SPECIFIC CLAUSES10
A. Clauses and appendices with serially numbered footnotes

1. NIT (Footnote No. 1, 2, 3)

2. Clause 1.2.4 : Brief description of Bidding Process (Footnote No. 4)
3. Clause 2.2.2.2 Eligibility of Bidders(Financial Capacity) (Footnote No. 5 &6)
4. Clause 2.2.2.5/ii: Eligibility of Bidders (Footnote No. 7 & 8)
5. Clause 2.9.3 : Amendment of RFP (Footnote No. 9)
6. Appendix VI: List of project-specific clauses (Footnote No. 10)

B. Clauses and appendices with square parenthesis

1. NIT
2. Clause 1.1.1 : Background
3. Clause 1.1.2: Background
4. Clause 1.2.4 : Brief description of Bidding Process
5. Clause 1.3: Schedule of Bidding Process
6. Clause 2.1.4 : General terms of Bidding Process
7. Clause 2.2.2 1/ii: Eligibility of Bidders (Technical Capacity)
8. Clause 2.2.2.2: Eligibility of Bidders (Financial Capacity)
9. Clause 2.2.2.4/iii, 2.2.2.5/ii : Evaluation of Technical Capacity
10. Appendix I: Letter Comprising the Bid for Qualification (Name, Designation, Address,)

C . Clauses and appendices with asterisk

1. NIT
2. Clause 1.1.1 and 1.2.4: Brief description of Bidding Process
3. Clause 1.2.4 and 1.2.9: Brief description of Bidding Process
4. Clause 1.3: Schedule of Bidding Process
5. Clause 2.2.2.5: Eligibility of Bidders
6. Clause 2.11.1, 2.11.3 and 2.11.4: Documents Comprising Technical & Financial Bid
7. Clause 2.12, 2.14.1.4, 2.14.2.3: Bid Due date.
8. Clause 3.1.1: Evaluation
9. Appendix IA: Letter Comprising the Bid for Qualification (address, subject heading)
10. Appendix IB, Letter Comprising the Bid for Financial bid
11. Appendix IA, Annex-V: Statement of Legal Capacity (Name, Designation)
12. Appendix VII

Appendix –VII
Para 1.2.4 of RFP
(Bid Security)
Bank Guarantee Bond from any scheduled commercial bank of India
(On non-judicial stamp paper, which should be in the name of the Executing Bank).

10
This Appendix-VI contains a list of clauses and appendices that would need to be suitably modified, prior
to issue of the RFP document, for reflecting project-specific provisions. This Appendix-VI should be
omitted before issuing the RFP document to prospective Bidders.
82
Name of the Bank:……………………
President of India, Acting through,
Finance Advisor & Chief Accounts Officer,
South Central Railway.
Beneficiary: South Central Railway
Date:…………………………………………………………
Bank Guarantee Bond No.: Dale:---------
In consideration of the President of India acting through Chief Engineer,
Construction-I, South Central Railway, Secunderabad (hereinafter called “The
Railway") having invited the bid for_________ through Notice inviting tender
(NIT) No._________________, We have been informed that…….
[ I n s e r t n a m e o f t h e B i d d e r ] … … … … . . .(hereinafter called "the
Bidder")intends to submit its bid (here in after called "the Bid").

WHEREAS. The bidder is required to furnish Bid security for the sum of Insert
required Value of Bis Security, in the form of Bank Guarantee according to
conditions of Bid.
AND
WHEREAS, ............[Insert Name of the Bank],with its Branch....................................[ Insert Address]
Having its Headquarters office at........[Insert Address], hereinafter called the Bank,
acting through..............[Insert Name and designation of the authorized persons of
the Bank], have at the request of the Bidder. Agreed to give guarantee for Bid Security
as hereinafter contained in favour of the Railway:
I. KNOW ALL MEN that by these present that I/We the undersigned [Insert
name(s) of authorized representatives of the Bank], being fully authorized to
Sign and incur obligations for and on behalf of ’the Bank confirm that the
Bank. Here by Unconditionally and irrevocably guarantee to pay to the
Railway full amount in the sum of [Insert required Value of Bid Security] as
above stated.
2. The Bank undertakes to immediately pay on presentation of demand by the
Railway any amount up to and including a fore mentioned full amount without
any demur, reservation or recourse. Any such demand made by the
Railway on the Bank shall be final conclusive and binding, absolute and
unequivocal on the Bank not withstanding any disputes raised/pending before
any Court, Tribunal, and Arbitration or any Authority or any threatened
litigation by the Bidder or Bank .
3. The Bank shall pay the amount as demanded immediately on presentation of
the demand by Railway without any reference to the bidder and without the
Railway being required to show grounds or give reasons for its demand of the
amount so demanded.
4. The guarantee here in before shall not be affected by any change in the
constitution of the Bank or in the constitution of the Bidder.
5. The Bank agrees that no change, addition, modifications to the terms of the
Bid documents or to any documents, which have been or may be made
between the Railway and the Bidder will in any way absolve the Bank from
the liability under this guarantee and the Bank hereby waives any requirement

83
 for notice of any such change, addition or modification made by Railway at
any time.
6. This guarantee will remain valid and effective from insert date of issue till
insert date. Any demand in respect to this Guarantee should reach the Bank
within the validity period of Bid Security.
7. The Bank Guarantee is unconditional and irrevocable.
8. TheexpressionsBankandRailwayhereinbeforeusedshallincludetheirrespectivesuccessors
and assigns.
9. The Bank hereby undertakes not revoke the guarantee during its currency, except with
the previous consent in writing of the Railway. This guarantee is subject to the Uniform
Rules for Demand Guarantees,ICCPublicationNo.758.
10. The bank hereby on firms that it is on the SFMS (Structured Financial Messaging
System) and shall invariably send the advice of this Bank Guarantee to the following
bank details—
IFSCCODE SBINOOORAIL
IFSC TYPE BRANCH
BANKNAME STATEBANKOFINDIA
BRANCHNAME RAIL
CITYNAME NAVIMUMBAI
ADDRESS SECTOR-II.CBDBELAPUR.NAVIMUMBAI
DISTRICT NAVIMUMBAI
STATE MAHARASHTRA
BGENABLED YES
11. The Guarantee shall be valid in addition to and without prejudice to any other security
Guarantee(s) of Bidder in favour of the Railway. The Bank under this Guarantee shall be
deemed as Principal Debtor of the Railway
Date:…………………….. ……………………
Place.....................

Bank’s Seal and authorized signature(s)

[Name in block letters]..................................
[Designation with code No.]............
[P/Attorney No].....
Witness:
1. Signature Name & Address & Seal
2. Signature Name & Address & Seal
Banks Seal
[P/Attorney] No.
Note: All italicized text is for guidance on how to prepare this bank guarantee and shall be deleted
from the final document.

84