Request for Proposal

for

REDEVELOPMENT
OF
VARKALA SIVAGIRI RAILWAY STATION
AT VARKALA, KERALA, INDIA

ON

ENGINEERING, PROCUREMENT AND

CONSTRUCTION (EPC) MODE

(RFP No. 20-CE-CN-ERS-2023-EPC dated 19.08.2023)

Bid Document
Volume-I: Instructions to Bidders (ITB)
Volume-II: Draft EPC Agreement

CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION)

SOUTHERN RAILWAY
ERNAKULAM, FIRST FLOOR, GCDA EASTERN ENTRY TOWER,
ERNAKULAM JUNCTION, ERNAKULAM -682016

AUGUST 2023

Signature Not
Verified
Digitally signed by
SOUMYA S
Date: 2024.01.20
2023.08.20
17:19:15 IST
15:00:22
Reason: IREPS-CRIS
Location: New Delhi
 TABLE OF CONTENTS

Page
Section Contents
No.
Request for Proposal 3
Disclaimer 4
Glossary 5
1 Introduction 6
1.1 Background 6
1.2 Brief description of Bidding Process 8
1.3 Schedule of Bidding Process 9

2 Instructions to Bidders 10
A General 10
2.1 General terms of Bidding 10
2.2 Eligibility and qualification requirement of Bidder 14
2.3 Proprietary Data 17
2.4 Cost of Bidding 17
2.5 Site visit and verification of information 18
2.6 Verification and Disqualification 18
B Documents 20
2.7 Contents of the RFP 20
2.8 Clarifications 20
2.9 Amendment of RFP 21
C Preparation and Submission of Bids 21
2.10 Format and Signing of Bid 21
2.11 Documents comprising Technical & Financial Bid 21
2.12 Bid Due Date 23
2.13 Late Bids 23
2.14 Procedure of-tendering 23
2.15 Online opening of Bids 24
2.16 Rejection of Bids 24
2.17 Validity of Bids 24
2.18 Confidentiality 24
2.19 Correspondence with the Bidder 25
D Bid Security 25
2.20 Bid Security 25
2.21 Performance Security 26
3 Evaluation of Technical and Opening & Evaluation of financial 27
Bids
3.1 Evaluation of Technical Bids 27
3.2 Opening and Evaluation of financial Bids 28
3.3 Selection of Bidder 28
2
 Page
Section Contents
No.
3.4 Contacts during Bid Evaluation
3.5 Correspondence with the Bidder
4 Fraud and Corrupt Practices
5 Pre-Bid Conference
6 Miscellaneous Appendices
IA Letter comprising the Technical Bid
IB Letter comprising the Financial Bid
Annexure of Appendix 1A
I Details of Bidder
II Technical Capacity of the Bidder
III Financial Capacity of the Bidder
IV Details of Eligible Project
V Statement of legal
VI Guidelines of the Department of Disinvestment
VII Restrictions under Rule GFR 2017 in respect of sharing of land
border
II Format for Power of Attorney for signing of Bid
III Format for Power of Attorney for Lead Member of Consortium/Joint
Venture
IV Format for Joint Bidding Agreement for Consortium/Joint Venture
V Format for Bid Security
VI Format for Affidavit
VII List of Bid Specific Clause

3
 REQUEST FOR PROPOSAL
Chief Administrative Officer (Construction), Southern Railway
Ernakulam
First Floor, GCDA Eastern Entry Tower, Ernakulam Jn -682016

RFP No. RFP No. 20-CE-CN-ERS-2023-EPC Dated:19.08.2023

RFP for Redevelopment of Varkala Sivagiri Railway Station of

Thiruvananthapuram Division of Southern Railway on EPC mode.

The President of India represented by the Chief Engineer ( Construction),

South,(the “Authority”), having its principal office at First Floor, GCDA Eastern
Entry Tower, Ernakulam Jn, Ernakulam -682016, India is engaged in the
development of railways and related infrastructure, and as part of this endeavour,
the Authority has decided to undertake the Redevelopment of Varkala Sivagiri
Railway Station of Thiruvananthapuram Division of Southern railway (the “Project”)
through Engineering, Procurement and Construction (the “EPC”) contract and has
decided to carry out an open and competitive e-Bidding Process for selection of a
Bidder to whom the Project may be awarded. A brief description of the Project,
including the existing situation and basic details of the Project components, is
provided as a part of this Request for Proposal.

The scope of work shall broadly cover survey, investigations, design and
Redevelopment of Railway Station including but not limited to undertaking civil
works and MEP works for station building. The brief particulars of the Project,
bidding process and the Estimated Project Cost are provided in Clause 1.1.2 of this
RFP.

The complete Bid document can be viewed / downloaded from official portal of the
RLDA e-Procurement Portal. Bidder must submit its Financial Bid and Technical
Bid at e-Procurement Portal on or before the Bid Due Date. Bids received online
shall be opened on the time as mentioned in the Key Information Table (KIT) at
Clause 1.1.2 of RFP.

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 the time mentioned at Clause 1.1.2 of this RFP. Please note that the
[Ministry of Railway/Authority/ Executing Agency] reserves the right to accept or
reject all or any of the Bids without assigning any reason whatsoever.

Chief Engineer, (Construction), South,

Southern Railway, Ernakulam Jn,
Ernakulam -682016
Phone: 91-4842322364
e-mail: dycecnwers@gmail.com
 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. The clauses of this document
shall be read in accordance with the latest amendments and correction slips issued by the
Railway Board.
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 [Project 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.
4
 GLOSSARY

Agreement/EPC Agreement As defined in Clause1.1.3

Authority As defined in Clause1.1.1
Bank Guarantee As defined in Clause2.20.1
Bid(s) As defined in draft EPC agreement
Bidders As defined in Clause1.2.1
Bidding Documents As defined in Clause1.1.6
Bid Due Date As defined in Clause1.1.6
Bidding Process As defined in Clause1.2.1
Bid Security As defined in Clause1.2.4
Bid Price or Bid As defined in Clause1.2.6
Contractor As defined in Clause1.1.3
Construction Period As defined in Clause1.2.6
Conflict of Interest As defined in Clause2.2.1(c)
Defect Liability Period As defined in Clause1.2.6
Eligible Projects As defined in Clause2.2.2.1
EPC As defined in Clause1.1.1
Estimated Project Cost As defined in Clause1.1.4
Project Report As defined in Clause1.2.3
Financial Capacity As defined in Clause2.2.2.2
Government Government of India
Consortium/Joint Venture As defined in Clause2.2.1 (a)
Jt. Bidding Agreement As defined in Clause2.1.11 (f)
Lead Member As defined in Clause 2.1.11(c)
Lowest Bidder As defined in Clause1.2.6
LOA As defined in Clause3.3.4
Net Worth As defined in Clause 2.2.2.5(ii)
Performance Security As defined in Clause2.21.1
Project As defined in Clause1.1.1
Re. or Rs.or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause3.3.1
Technical Capacity As defined in Clause2.2.2.1
Tie Bids As defined in Clause3.3.2

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.

5
 Chief Administrative Officer (Construction), Southern Railway
Ernakulam
First Floor, GCDA Eastern Entry Tower,
Ernakulam Jn., Ernakulam -682016
SECTION 1

INTRODUCTION
1.1 Background

1.1.1 The President of India represented by the Chief Engineer, Construction

(South), Southern Railway, Ernakulam having its principal office office at First
Floor, GCDA Eastern Entry Tower, Ernakulam Jn., Ernakulam -682016is
engaged in the development of railways and related infrastructure, and as part
of this endeavour, the Authority has decided to undertake the Redevelopment
of Varkala Sivagiri Railway Station (the “Project”) of Thiruvananthapuram
Division, Southern Railway through Engineering, Procurement and
Construction (the “EPC”) contract and has decided to carry out an open and
competitive e-Bidding Process for selection of a Bidder to whom the Project
may be awarded.

1.1.2 The brief particulars of the Project and the Bidding Process are as follows in
the Key Information Table(KIT):
Sl.No. Particular Details
Redevelopment of Varkala Sivagiri Railway
Station of Thiruvananthapuram Division,
1. Name of the Work Southern Railway on Engineering,
Procurement and Construction (EPC)
mode.
Rs.123,37,81,765/-
(Rupees One Hundred and Twenty
2. Estimated Project Cost Three Crores Thirty Seven Lakhs Eighty
one Thousand Seven Hundred and Sixty
Five Only)
3. Construction Period 30 months
4. Bid Due Date and time By 15:00 hrs (IST) on 12.10.2023
Physical submission of all At 17:00 hrs on 19.10.2023
5. documents listed in clause
No.2.11.2 (By bid due date + 5 working days)

Date and Time of Opening of

6. At 15:30 hrs (IST) on 20.10.2023
Bids
7. Mode of tendering Single stage two packet
8. Mode of submission of Bids Online submission on e-Procurement Portal
9. E-Procurement Portal www.ireps.gov.in

10. RFP document Fee NIL

12. Bid Security Rs 61,68,900/-

6
 13. Name of Beneficiary: Financial Advisor &
Chief Accounts Officer, Southern Railway
Name of the Bank: IDBI Bank
Bank Account Details of the Account No.: 0129103000004374
Authority Address of the Branch: Chennai main
branch, Saidapet, PB No.805, Chennai -
600015, Tamilnadu
IFS code: IBKL0000129
14. Officer and Address to Submit Name of Officer: Sri.R.Shaji Roy,
the physical documents as per Dy Chief Engineer ( P&D), Construction,
clause 2.11.4 of RFP Southern Railway,
Southern Railway, Ernakulam,
First Floor, GCDA Eastern
Entry Tower, Ernakulam Jn. Ernakulam -
682016
Mob: 9746745559

15. Validity of the Bid 120 days from the Bid Due Date
16. Pre-bid Conference Details Date 15.09.2023 Time: 12:00 Hrs
Venue: Office of Chief Administrative
Officer (Construction), Southern Railway,
First Floor, GCDA Eastern Tower,
Ernakulam Junction Railway Station- Pin
682016
17. Last date of receiving Queries 21.09.2023 upto 18:00 hrs
18. Performance Security 5% (Five percent) of Contract Price in
terms of Clause 2.21.1
19. Submission of Performance Within 30 days of issue of Letter of
Security Award (LOA)
20. Signing of Agreement Within 15 days of submission of
Performance Security.
21. Documents enclosed with the a) Draft EPC Agreement for the
RFP Project including all schedules.
b) Design Basis Report of the Project
c) Drawings
d) Soil exploration report
e) EPC Schedule
22. Technical Consultant of the M/s Gian P Mathur & Associates (P) Ltd,
Project New Delhi

1.1.3 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 of EPC broadly comprises Design, Detailed
Engineering, Surveys (Pre-Engineering, Pre-Construction and Post-Construction),
Procurement, Fabrication, Transportation, Construction (Civil, Structural,
7
 Mechanical, Electrical, HVAC, Fire Fighting and other related services) and
Installation, Testing, Pre-commissioning, Commissioning and handing over as per
the terms of the EPC Contract. The detailed scope is provided as part of Volume
II: EPC Agreement of this RFP.
1.1.4 The estimated cost of the Project (the “Estimated Project Cost”) has been
specified in the Clause 1.1.2 above. The assessment of actual costs, however,
will have to be made by theBidders.

1.1.5 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.
1.1.6 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 as specified in the KIT a provided in Clause 1.1.2 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 "Bidding Process") for selection of the Bidder for award of the Project.
The 1stpart (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 2ndpart 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 2nd 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 the period as per the Key Information Table.

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 "Project Report) is also enclosed. The Project 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 Project 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 Project Report.

8
 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 the amount as
mentioned in the KIT (the "Bid Security"), refundable after issuance of LOA to the
Selected Bidder. The Selected Bidder’s 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 e-
Procurement Portal/Authority OR in form of Bank Guarantee as per the format at
Appendix V]. 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 the e-Procurement Portal as mentioned in the KIT.

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.

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 e-Procurement Portal, so as to reach the officer designated in
Clause2.11.4 by the specified date. The envelopes/ communication shall clearly bear the
following identification/ title:

"Queries / Request for Additional Information: RFP for Redevelopment of

Varkala Sivagiri Railway Station- Project".
1.3 Schedule of Bidding Process
The Authority shall endeavour to adhere to the schedule provided in the KIT at
Clause 1.1.2:

9
 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 maybe.

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
RFPandshouldnotbeconstruedorinterpretedaslimitinginanywayormanner
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 Portal. 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 anon-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 nontransferable.

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,
10
 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 3(Three);

(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% (fifty one per cent) shareholding in Consortium/Joint
Venture. The Technical
CapacityasperClause2.2.2.1and/otherFinancialCapacityasperClause2.2.
2.2 is to be satisfied by any member/s of Consortium/Joint Venture having
minimum 26% (twenty six per cent) shareholding individually 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 fulfill the 100% (One hundred per cent)
Technical Capacity as per Clause 2.2.2.1 and 100% (One hundred per cent)
Financial Capacity as per Clause2.2.2.2.

(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 personnel for at least 50% (fifty per cent)
of the Bid Price 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, interalia:
(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;

11
 (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.

12
 (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 letter F.No.6/18/2019-
PPD dated 23/07/2020 shall be referred which is enclosed as Annexure-VII
of Appendix-IA

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 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.

2.1.14 a) Any entity which has been barred by the Central Government or State
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 a 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.

13
2.2. Eligibility and Qualification requirements of Bidder
2.2.1 For determining the eligibility of Bidder the following shall apply:

(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 inClause2.1.11 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

14
 (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

(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 other’s
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. The
consultants engaged by the Authority for this Project are mentioned in the
KIT.

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, over the past 5 (five) Financial
Years preceding the Bid Due Date, received payments for construction of
Eligible Project(s) such that the amount is at least;

(a) 60% (sixty percent) of Estimated Project Cost from One Eligible Project,
OR,
(b) 40% (forty percent) of Estimated Project Cost from each of the Two
Eligible Projects
OR,
(c) 30% (thirty percent) of Estimated Project Cost from each of the Three
Eligible Projects

For the purpose of Technical Capacity, the projects shall qualify as Eligible
Projects, the “Eligible Projects” if they meet both of the following criteria;
1) Projects where works contract are directly given to the Bidder by a Govt.
Department; or by a Public listed company having average annual turnover
of Rs.500 Crores and above in last 3 financial years excluding the current
financial year, listed on National Stock Exchange or Bombay Stock
Exchange, registered at least 5 years back from the date of submission of
Bid by the Bidder to the Authority.
AND,
2) Projects where the Bidder have received payments for not less than 75%
(seventy- five) percent value of awarded project cost of such project as per
the original agreement under the following categories:
(i) Passenger terminals shall mean having a minimum passenger
15
 handling capacity of 5000 persons /day in railway stations, metro
stations, airport terminals (with or without related airport infrastructure
works), ports, integrated check posts, and bus terminals;
(ii) Social and Commercial infrastructure shall mean:
(a) Commercial real estate project (such as educational institution,
hospital, hotel, convention centre, mall/shopping complex, sports
complex, office complex) at a single site with a minimum built up
area of 15,000 (Fifteen thousand) square metre;
or
(b) Residential real estate project /residential township at a single site
with a minimum built-up area of 30,000 (Thirty thousand) square
metre;

The value of executed works shall be brought to current costing level by

enhancing the actual value of work at a simple rate of 7% per annum,
calculated from the date of completion to one month prior to the Bid Due
Date.

2.2.2.2 Financial Capacity: For demonstrating Financial Capacity, the Bidder shall
have:

(i) a minimum Net Worth (the “Financial Capacity”) of 15% (Fifteen

percent) of the Estimated Project Cost at the close of the preceding
Financial Year.
(ii) Should not have incurred any loss (profit after tax should be positive) in
more than two years during the last five consecutive financial years ending
on 31st March 2023, duly audited by the Chartered Accountant. For
financial year 2022- 23, it may be certified by CA

2.2.2.3 Bid capacity: The tender/technical bid will be evaluated based on bid capacity
formula detailed as Annexure-VII.

2.2.2.4 Submission in support of Technical Capacity

(i) The Bidder should furnish the details of Eligible Projects for the last 5
(five) Financial Years immediately preceding the Bid Due Date and
details of ongoing Building Works (Not necessarily similar work) for the last
5 (five) Financial Years immediately preceding the Bid Due Date

(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.

2.2.2.5 Submission in support of Financial Capacity

(i) The Technical Bid must be accompanied by the Audited Annual

Reports of the Bidder (of each member or Associate/s thereof, whose
Technical Capacity or Financial Capacity is being claimed, in case of a
Consortium/Joint Venture) for the last 5 (five) Financial Years, preceding
the year in which the Bid is submitted.
16
 (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.

2.2.2.6 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 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 Consortium/Joint Venture), it
should further support its claim for the payments received as per the
share in work done for that particular job/ contract by producing a
certificate from its statutory auditor or the client; and

(i) 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
2.2.2.5 (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.

2.2.2.7 In computing the Technical Capacity and Net Worth of the Bidder/ Member
of Consortium/Joint Venture under Clauses 2.2.2.1 and 2.2.2.2, 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 becomes 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
17
 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,
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.

$
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 2.2.2.5 (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.

18
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.

2.6 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, 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
misrepresentationorhasgivenanymateriallyincorrectorfalseinformation,theBidder
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
19
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) 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.

11
0
B. DOCUMENTS

2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth herein above, the contents as
listed below, and will additionally include any Addenda issued in
accordance with Clause2.9.

Volume –I Invitation for Bids

Section1. Introduction
Section2. Instructions to Bidders
Section3. Evaluation of Bids
Section4. Fraud and Corrupt Practices
Section5. Pre-BidConference
Section6. 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
V. Bid Security
VI Affidavit to be uploaded by the Bidder along with the Bid

Volume –II
Part-I Draft EPC Agreement Document
Part-II Schedules ‘A’ to ‘Q’
Part-III Schedule DA
Part-IV Schedule DB
Part-V Schedule DC

Volume – III
Part-I Project Report

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 KIT. The Authority shall
endeavour to respond to the queries within the period specified therein, but no
later than 7 (seven) days prior to the Bid Due Date. The responses shall be
uploaded on the e-Procurement Portal 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.
2.8.3 The Authority may also on its own motion, if deemed necessary, issue
21
1
 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 anytime 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 e-Procurement Portal

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 DueDate1.

C. PREPARATION AND SUBMISSION OFBIDS

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 KIT at Clause 1.1.2 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 initialed 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 by submitting the documents
mentioned below along with the supporting documents which shall comprise of
the Technical Bid on thee-Procurement Portal:

1
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 7
(seven) days shall be provided between the date of amendment and the Bid Due Date.

Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-V
and supporting certificates /documents.
(b) Power of Attorney for signing the Bids as per the format at Appendix-II;

(c) if applicable, Power of Attorney for Lead Member of Consortium/Joint

21
2
 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;
(e) Bid Security through e-payment Gateway of e-Procurement Portal of the
Authority OR in the form of Bank Guarantee in the format at Appendix-V
from a Bank (to be submitted physically as well);
(f) Deleted;
(g) 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 in the format at
Appendix-VI; and
(h) 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.
(i) Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture/Consortium) for preceding 5years.

Financial Bid

(l) Appendix-IB (Letter comprising the Financial Bid) shall be submitted

online through e-Procurement Portal on or before the Bid Due Date
2.11.2The 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 in the form of Original Bank Guarantee in the format at
Appendix- V from a Bank;
(e) Original Affidavit in the format at Appendix VI.

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
Redevelopment of Varkala Sivagiri Railway Station of Thiruvananthapuram
Division of Southern Railway” 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 officer and address as mentioned in
the KIT:

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 Portal on or before the Bid
21
3
 Due Date and Documents listed at Clause 2.11.2 of the RFP shall be
physically submitted on or before the day mentioned in the KIT at the
address 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
Clause2.11.4.

2.13 Late Bids

e-Procurement Portal shall not allow submission of any Bid after the
prescribed date and time at KIT in Clause 1.1.2. Physical receipt of
documents listed at Clause 2.11.2 of the RFP after the prescribed date as
mentioned in the KIT at Clause 1.1.2 shall not be considered and the Bid
shall be summarily rejected.

2.14 Procedure for-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
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.

2.14.2 Preparation & Submission of Bids:

2.14.2.1 The Bidder may submit his Bid online following the instructions appearing
21
4
 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 using the
digital signature of authorized representative of the Bidder on or before the
Bid Due Date.

2.14.3 Modifications/ Substitution/ withdrawal of Bids

2.14.3.1 The Bidder may modify, substitute or withdraw its 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 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 Bid. Before withdrawal of a Bid, it may
specifically be noted that after withdrawal of a Bid for any reason, Bidder
cannot re-submit Bid again.

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 the period specified in the
KIT. 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
21
5
 concerning the 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 here in above through [e-payment Gateway of Authority OR in
form of e-Bank Guarantee from a Bank as per format at Appendix V]. A
scanned copy of the e-payment receipt OR Bank Guarantee, as the case may
be, 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 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 with draws its Bid during the period of Bid validity as specified in
21
6
 this RFP and as extended by mutual consent of the respective Bidder(s)
and the Authority;

(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 the timeline mentioned in the KIT;

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 Bank Guarantee from a Bank
in the form set forth in draft EPC agreement (the “Performance Security”)
for an amount as mentioned in the KIT.

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

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7
 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 as per the timeline
mentioned in the KIT, 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,
includinginformationdisclosedtothosepresentatthetimeofBidopening.

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. 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) Technical Bid is received online as per the format at Appendix-IA including
Annexure I, II, III, IV, V and Appendix-VI;

(b) All Documents listed at Clause 2.11.2 are received physically within time
as mentioned in the KIT;

(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 Clauses2.1.5;

31
 (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 is accompanied by Affidavit as specified in2.11.1;

(g) Technical Bid contains all the information (complete in all respects);
(h) 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 Clauses 2.2.1 &2.2.2 of this RFP.

3.1.9 After evaluation of Technical Bids, the Authority will notify the 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. The Authority shall publicly announce the Bid Prices quoted by the
technically responsive Bidder. Thereafter, the Authority shall prepare a record
of opening of Financial Bids.

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.
31
 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.
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 the KIT. 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 Bidder 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. The amount received through e-payment Gateway shall be returned to
the same bank account of the unsuccessful bidder.

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 to the Authority before the execution of the Agreement.

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 to the Authority before the
execution of the Agreement.

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.

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 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
participateinanytenderorRFPissuedbytheAuthorityduringaperiodofupto5(five) 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 maybe.

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;

31
(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.

32
 SECTION-5

PRE-BID CONFERENCE

5.1 Pre-Bid conference of the Bidders shall be convened at the designated

date, time and place as specified in the KIT. A maximum of two
representatives of prospective Bidders shall be allowed to participate on
production of authority letter from the Bidder.

5.2 A site visit may be conducted by Bidder at the Railway Station area and
gather sufficient information and details for the purposes of bidding for the
Project. 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.

32
 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.

33
 APPENDIX –IA

LETTER COMPRISING THE TECHNICAL BID

(Refer Clause 2.1.4, 2.11 and 3.1.6)

Chief Engineer (Construction), South, Southern Railway

Ernakulam, First Floor, GCDA Eastern Entry Tower,
Ernakulam Jn., Ernakulam -682016

Sub: Bid for Redevelopment of Varkala Sivagiri Railway Station of

Thiruvananthapuram Division of Southern Railway
Dear Sir,

With reference to your RFP document with respect to RFP Notice No. CE-CN-
ERS-SD-EPC- 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 VII 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/WedonothaveanyconflictofinterestinaccordancewithClauses2.2.1(c)

34
 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 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.

35
15. I/Weundertakethatincaseduetoanychangeinfactsorcircumstancesduringthe
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.

16. I/We further acknowledge and agree that in the event such change in control
occurs after signing of the Agreement up to 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
Redevelopment of Varkala Sivagiri Railway Station of Thiruvananthapuram Division of
Southern Railway. 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 e-payment receipt OR in the form 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.

36
 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 [120 (one hundred and twenty) 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 terms of the RFP document and the draft EPC Agreement.

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/We am/are
not from such a country or, if from such a country, has been registered with the
competent Authority. I/We hereby certify that I/we fulfills all the requirements in
this regard and am/are eligible to be considered (evidence of valid registration
by the competent authority is enclosed).

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

37
 APPENDIX – IB

Letter comprising the Financial Bid

(Refer Clauses 2.1.4, 2.11 and3.1.6)
Dated:
Chief Engineer (Construction), South, Southern Railway
Ernakulam, First Floor, GCDA Eastern Entry Tower,
Ernakulam Jn., Ernakulam -682016

Sub: Bid for Redevelopment of Varkala Sivagiri Railway Station of

Thiruvananthapuram Division of Southern Railway.
Dear Sir,
With reference to your RFP document with respect to RFP Notice No. CE-CN-
ERS-SD-EPC-………., dated 03.06.2022, 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.
1. 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.
2. 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.
3. 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.
4. 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.
5. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from
the Bid Due Date specified in the RFP.
6. I/ We have quoted Bid Price on e-Procurement Portal for undertaking the
aforesaid Project in accordance with the terms of the RFP document and the
draft EPC Agreement.
Yours faithfully,

Date: (Signature, name and designation of the Authorised Signatory)

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

38
 Appendix IA
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:

Shareholding of members in Consortium/Joint

Role*
Sl. Name of Venture {Refer Clauses 2.1.11(a), (f) }
{Refer Clause
Member
2.1.11(d)}$
1.
2.
3.
* The role of each member, as may be determined by the Bidder, should be indicated.

………contd
39
 (a) 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.
No. Criteria Yes/No
Has the Bidder/ constituent of the {Consortium/Joint Venture}
1. 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 Ministry 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

41
 Appendix IA

ANNEX-II

Technical Capacity of the

Bidder@
(Refer to Clauses 2.2.2.1, 2.2.2.3 and 2.2.2.6 of
the RFP)

Bidder type Project % Construction Experience** Technical

#
Code* Share (Rs. crore)$$ capacity£
Payments received for
construction of Eligible
Projects
(1) (2) (3) (4) (5)=3*(4 )
Single a
entity
Bidder b
or
c
Members of
the d
Consortium
/ Joint e
Venture
f
Aggregate Technical capacity =

@
Provide details of only those Eligible 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 2.2.2.6. 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. For
the Eligible Projects please refer Clause2.2.2.1
#
In case credit is claimed for an Associate, necessary evidence to establish the
relationship of the Bidder with such Associate, in terms of Clause 2.2.2.6, shall be
provided.
* Refer Annex-IV of this Appendix-IA. Add more rows if necessary.
** 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 project. In no case shall the cost of land be included while computing the
Technical Capacity from 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.
42
 The conversion rate of such currencies shall be the daily representative
exchange rates published by the International Monetary Fund for the relevant
date.

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

Appendix-IA
shallbeprovidedseparatelyforallmemberssoastoestablishTechnicalCapacity
. (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.

43
 Appendix IA
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.2, 2.2.2.5(ii), 2.2.2.4(iii) of the RFP)
(In Rs. crore$)
Net
Bidder type $$ Net Cash Accruals
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 2.2.2.6, shall be
provided.
£
The Bidder should provide details of its own Financial Capacity or of an Associate
specified in Clause 2.2.2.6.

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 mean the 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.

44
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 2.2.2.5 (ii) of the RFP document.

45
 Append
ix IA
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.1, 2.2.2.3 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

Instruction Project
(1) (2) (3)
Title & nature of the project
Deleted 5
Year-wise payments received 6
for construction
Entity for which the project was 7
constructed2
Location
Project cost
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 Project 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 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. 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.

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

2
Please refer Clause 2.2.2.1 for Eligible Project in reference to the Client being Govt. department or private firm
46
4. In case the Eligible Project relates to an Associate, write “Associate”.

5. Deleted

6. The total payments received 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 the past 5 (five) Financial Years. Year 1 refers to the Financial Year
immediately preceding the Bid Due Date; Year 2 refers to the year before Year
1, Year 3 refers to the year before Year 2, and so on (Refer Clause 2.1.13).
Receipts for construction works should only include capital expenditure, and
should not include expenditure on repairs and maintenance.

7. Deleted

8. Deleted

9. Deleted

10. Deleted

11. Experience for any activity relating to an Eligible Project shall not be claimed
twice. In other words, no double counting in respect of the same experience shall
be permitted in any manner whatsoever.

12. 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.

13. Deleted

14. If the Bidder is claiming construction experience , 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) wasengaged by .... (title of the project company)to
execute ……………… (name of project) for …………………. (nature of project)}. The construction of the
project commencedon…………..(date)andtheprojectwas/islikelytobecommissionedon ....... (date, if any).
Itis
certified that ……………. (name of the Bidder/ Associate) received Rs. ………..cr.(Rupees ........... crore)
by way of payment for the aforesaid construction works.

$
In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary.

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.
47
We further certify that the payment for the aforesaid construction works is for not less than 75 (seventy-
five) per cent value of awarded project cost as per the original agreement of such project.
We further certify that the estimated capital cost as per the original agreement of the project is Rs. ……
cr. (Rupees…………………crore),ofwhichtheBidder/AssociatereceivedRs.………cr.(Rupees .......... crore),in
terms of Clauses 2.2.2.1 of the RFP, during the past five Financial Years 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/JointVenture.} 

Name of the audit firm:

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

15. In the event that credit is being taken for the Eligible Project of an Associate, as defined in
Clause 2.2.2.6, 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 votingequityof .............. (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 2.2.2.6 of theRFP.
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:

16. 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.
 This certification should only be provided in case of jobs/ contracts, which are executed as part of a
partnership/Consortium.Thepaymentsindicatedinthecertificateshouldberestrictedtotheshareof
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.
$
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.

48
 Appendix-IA

ANNEX-V
Statement of Legal Capacity

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

Ref. Date:

To,
Chief Engineer (Construction), South, Southern Railway
Ernakulam, First Floor, GCDA Eastern Entry Tower,
Ernakulam Jn., Ernakulam -682016

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

49
 APPENDIX-IA

ANNEX-VI

Guidelines of the Department of Disinvestment

(Refer Clause1.2.1)

No. 3/9/2016-DoD-II-B
Government of India
Department of Investment & Public Asset Management
Block 14, CGO Complex
New Delhi.

Dated: 28th September, 2017.

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. ‘Grave Offence’ would include the below
noted cases:
a. Only those orders of SEBI are to be treated as coming under the category of
‘Grave Offences’ which directly relate to ‘Fraud’ as defined in the SEBI Act and /
or regulations.
b. Only those orders of SEBI that cast a doubt on the ability of the bidder to manage
the public-sector unit, when it is disinvested, are to be treated as adverse.
c. Any conviction by Court of Law.
d. In cases in which SEBI also passes a prosecution order, disqualification of the
bidder should arise only on conviction by the Court of Law.

50
(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 its Associate Company as defined in Companies
Act, 2013 would result in disqualification. The decision in regard to the relationship
inter se between the 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 bidder, 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.
(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 bidder, 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) 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, which if decided against the bidder,
may disqualify the bidder in terms of (a) & (b) above or the eligibility criteria
prescribed in the EOI, is pending against them. In case any investigation is pending
in case which if decided against the bidder, may disqualify the bidder in terms of (a)
& (b) above on the eligibility criteria prescribed in the EOI against the bidder or the
concern in which the bidder has substantial interest or against its CEO or any of its
Directors/Managers/, 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 filed along
with EOI.

sd/- (Aseem KumarJha)

Under Secretary to the Government of India

51
 APPENDIX-IA
Annexure VII
RESTRICTIONS UNDER RULE 144 OF GFR 2017

Note: The Bidder is advised to get detailed Memorandum/ Notification/ Circular on the subject
with upto date corrections/ amendments from the official website of Department of
Expenditure, Ministry of Finance, Govt. of India (doe.gov.in).

52
 Annexure-VII

FORMAT FOR CERTIFICATE TO BE UPLOADED BY TENDERER ALONGWITH

THE TENDER DOCUMENTS

I/we………………………………. (Name and designation) ** appointed as the

attorney/authorised signatory of the tenderer (including its constituents), have read the
clause regarding restrictions on procurement from a bidder of a country which shares a
land border with India; I/we including any of its constituent certify that this bidder is not
from such a country or, if from such a country, has been registered with the Competent
Authority (Appropriately modify the wording as per applicability).

I/we including any of its constituent further certify that this bidder will not subcontract any
work to a contractor from such countries unless such contractor is registered with the
Competent Authority.

I/we including any of its constituent 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.]

Signature of the tenderer

Place:
Dated:

**The contents in Italics are only for guidance purpose. Details as appropriate are to
Be filled in suitably by tenderer.

53
 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 Rail Land Development Authority (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 WITNESSWHEREOFWE, THE ABOVE NAMED PRINCIPAL HAVE EXECUTEDTHIS
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:………………

54
 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 favor 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

55
 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 Redevelopment of
Varkala Sivagiri Railway Station at Varkala, Kerala, India (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 , (here
in after 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 OR Bid security Declaration 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 &Compelled.

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}.

56
 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 Apostille certificate.

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

57
 APPENDIX IV

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)

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

WHEREAS,

The President of India represented by the Chief Engineer (Construction), South, Southern
Railway, Ernakulam, 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 First Floor, GCDA
Eastern Entry Tower, Ernakulam Jn., Ernakulam -682016, 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
undertaking the Redevelopment of Varkala Sivagiri Railway Station of Thiruvananthapuram
Division of Southern Railway (the “Project”) through an Engineering, Procurement and
Construction (the “EPC”)Contract.

(A) 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

58
(B) 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.}

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.

59
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:

Further, the Lead Member shall itself undertake and perform at least 50 (fifty)
per cent of the works as per the draft EPC Agreement 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

51
0
 (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.

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 Bidder is not pre-
qualified or upon return of the Bid Security by the Authority to the Bidder, as the
case maybe.

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.

60
 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
SECOND PART THIRD PART
by:
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)

In the presence of: (Address) (Address) (Address)

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.

61
 APPENDIX-V
BIDSECURITY
Bank Guarantee for BID Security (Refer Clauses 2.20)

B.G.No. Dated:

1. In consideration of you, *************************, (hereinafter referred to as the

“Authority”, which expression shall unless it be repugnant to the subject or context
thereof include its, successors and assigns) having agreed to receive the Bid of
…………………… and having its registered office at............ (and acting on behalf of
its JV/Consortium) (hereinafter referred to as the “Bidder” which expression shall
unless it be repugnant to the subject or context thereof include its/their executors,
administrators, successors and assigns), for the Redevelopment of Varkala Sivagiri
Railway Station Project on EPC basis(hereinafter referred to as “the Project”)
pursuant to the RFP Document dated…………… issued in respect of the Project and
other related documents including without limitation the draft EPC contract Agreement
(hereinafter collectively referred to as “Bidding Documents”),we(Name of the
Bank)having our registered office at…………………and one of its branches at
…………………….. (hereinafter referred to as the “Bank”), at the request of the
Bidder, do hereby in terms of Clause 1.2.4 read with Clause 2.20 of the RFP
Document, irrevocably, unconditionally and without reservation guarantee the due and
faithful fulfillment and compliance of the terms and conditions of the Bidding
Documents (including the RFP Document) by the said Bidder and unconditionally and
irrevocably undertake to pay forthwith to the Authority an amount of Rs. ***** (Rupees
***** only) (hereinafter referred to as the “Guarantee”) as our primary obligation
without any demur, reservation, recourse, contest or protest and without reference to
the Bidder if the Bidder shall fail to fulfill or comply with all or any of the terms and
conditions contained in the said Bidding Documents.
2. Any such written demand made by the Authority stating that the Bidder is in default of
the due and faithful fulfillment and compliance with the terms and conditions contained
in the Bidding Documents shall be final, conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and
payable under this Guarantee without any demur, reservation, recourse, contest or
protest and without any reference to the Bidder or any other person and irrespective
of whether the claim of the Authority is disputed by the Bidder or not, merely on the
first demand from the Authority stating that the amount claimed is due to the
Authority by reason of failure of the Bidder to fulfill and comply with the terms and
conditions contained in the Bidding Documents including failure of the said Bidder to
keep its BID open during the BID validity period as setforth in the said Bidding
Documents for any reason whatsoever. Any such demand made on the Bank shall be
conclusive as regards amount due and payable by the Bank under this Guarantee.
However, our liability under this Guarantee shall be restricted to an amount not
exceeding Rs. *** **(Rupees *** **only).

4. This Guarantee shall be irrevocable and remain in full force for a period of [180 (one
62
 hundred and eighty)] days from the BID Due Date inclusive of a claim period of 60
(sixty) days or for such extended period as may be mutually agreed between the
Authority and the Bidder, and agreed to by the Bank, and shall continue to be
enforceable till all amounts under this Guarantee have been paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to
whether the Bidder is in default of due and faithful fulfillment and compliance with the
terms and conditions contained in the Bidding Documents including, inter alia, the
failure of the Bidder to keep its BID open during the BID validity period set forth in the
said Bidding Documents, and the decision of the Authority that the Bidder is in default
as aforesaid shall be final and binding on us, notwithstanding any differences between
the Authority and the Bidder or any dispute pending before any Court, Tribunal,
Arbitrator or any other Authority.

6. The Guarantee shall not be affected by any change in the constitution or winding up of
the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the
Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the
Bank as the principal debtor. The Authority shall have the fullest liberty without
affecting in any way the liability of the Bank under this Guarantee from time to time to
vary any of the terms and conditions contained in the said Bidding Documents or to
extend time for submission of the BIDs or the BID validity period or the period for
conveying acceptance of Letter of Award by the Bidder or the period for fulfillment
and compliance with all or any of the terms and conditions contained in the said
Bidding Documents by the said Bidder or to postpone for any time and from time to
time any of the powers exercisable by it against the said Bidder and either to enforce
or forbear from enforcing any of the terms and conditions contained in the said
Bidding Documents or the securities available to the Authority, and the Bank shall not
be released from its liability under these presents by any exercise by the Authority of
the liberty with reference to the matters aforesaid or by reason of time being given to
the said Bidder or any other forbearance, act or omission on the part of the Authority
or any indulgence by the Authority to the said Bidder or by any change in the
constitution of the Authority or its absorption, merger or amalgamation with
anyotherpersonoranyothermatterorthingwhatsoeverwhichunderthelawrelatingto
sureties would but for this provision have the effect of releasing the Bank from its such
liability.

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently

given or made if addressed to the Bank and sent by courier or by registered mail to
the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us

addressed to [name of Bank along with branch address] and delivered at our above
63
 branch which shall be deemed to have been duly authorized to receive the said notice
of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the Authority may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealized.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency
except with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorised and has full
power to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be
restricted to Rs. *** crore (Rupees *** ** crore only). The Bank shall be liable to pay the
said amount or any part thereof only if the Authority serves a written claim on the Bank in
accordance with paragraph 9 hereof, on or before [*** (indicate date falling [180 days]
after the BID Due Date)].

14. This guarantee shall also be operatable at our ............. Branch at [New Delhi], from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof shall be
made available on demand. In the contingency of this guarantee being invoked and
payment there under claimed, the said branch shall accept such invocation letter and
make payment of amounts so demanded under the said invocation.

15. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank Guarantee
to the designated bank of Indian Railway., details of which is asunder:

64
 Sl. Particulars Details
No .
1. Name of Beneficiary FA&CAO, Southern Railway
2. Name of Bank IDBIBank Ltd
3. Account No. 0129103000004374
4. IFSC Code IBKL0000129

Signed and Delivered by .................... Bank

By the hand of Mr./Ms……………………..,its ........... and authorised official.

(Signature of the Authorised

Signatory) (Official-Seal)

65
 APPENDIX-VI

FORMAT FOR AFFIDAVIT TO BE UPLOADED BY BIDDER ALONG WITH THE

BID
(To be executed in presence of Public notary on non-judicial stamp paper of the value of
[Rs.100/-]. The stamp paper has to be in the name of the Bidder)**.

I ………………………. (Name and designation)** appointed as the attorney/authorized

signatory of the Bidder (including its constituents),M/s. (herein after
called the Bidder) for the purpose of the Bidding documents for the
work of
as per the RFP No. of(------------
- Railway), do hereby solemnly affirm and state on the behalf of the Bidder including its
constituents/Associates as under :

1. I/We the Bidder(s), am/are signing this document after carefully reading the contents.
2. I/We the Bidder(s) also accept all the conditions of the tender and have signed all the
pages in confirmation thereof.
3. I/We hereby declare that I/We have downloaded the Bidding documents
www.ireps.gov.in. I/we have verified the content of the document from the website
and there is no addition, no deletion or no alteration to the content of the Bidding
document. In case of any discrepancy noticed at any stage i.e. evaluation of bids,
execution of work or final payment of the contract, the master copy available with the
Authority shall be final and binding upon me/us.
4. I/We declare and certify that I/We have not made any misleading or false
representation in the forms, statements and attachments in proof of the qualification
requirements.
5. I/We also understand that my/our offer will be evaluated based on the
documents/credentials submitted along with the offer and same shall be binding
upon me/us.
6. I/We declare that the information and documents submitted along with the bid by
me/us are correct and I/We are fully responsible for the correctness of the
information and documents submitted by us.
7. I/We undersigned that if the certificates regarding eligibility criteria submitted by us
are found to be forged/false or incorrect at any time during process for evaluation of
bids, it shall lead to forfeiture of the Bid Security3 besides banning of business for a
period upto 5 (five) years. Further, I/We (insert name of the Bidder)**_ and all
my/our constituents understand that my/our Bid shall be summarily rejected.
8. I/We also understand that if the certificates submitted by us are found to be
false/forged or incorrect at anytime after the award of the contract, it will lead to
termination of the contract, along with forfeiture of Bid Security and Performance
3
Please retain as applicable

66
 Security besides any other action provided in the contract including banning of
business for a period upto 5 (five) years on entire Indian Railways.

DEPONENT
SEAL AND SIGNATURE OF THE
BIDDER VERIFICATION

I/We above named Bidder do hereby solemnly affirm and verify that the contents of
my/our above affidavit are true and correct. Nothing has been concealed and no part of
it is false.

DEPONENT
SEAL AND SIGNATURE OF THE BIDDER

Place :
Dated

**The contents in Italic are only for guidance purpose. Details as appropriate, are to
be filled in suitably by the Bidder. Attestation before Magistrate/Notary Public.

67
 APPENDIX-VII

LIST OF BID-SPECIFIC CLAUSES$

A. Clauses and appendices with non-numerical footnotes

1. Deleted
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. AppendixVI

Clauses and appendices with curly brackets

1. Appendix IA: Letter Comprising the Bid for Qualification: Para’s6, 9, 10, 11, 12, 13,26
2 Appendix IA, Annex I
3. Appendix IA Annex-II, III, IV and V

B. Clauses and appendices with blank spaces

1. RFP
2. 1.2.9, 2.11.3, 2.12, 2.14.1.2, 2.14.2.3
3.Appendix IA, Annex-I, IV,V.
4.Appendix IB, II, III, IV, V,VI

$
This Appendix-VII contains a list of clauses and appendices that would need to be suitably modified for
reflecting applicant-specific provisions. This Appendix-VII 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 itsBid.

68