DELHI METRO RAIL CORPORATION LIMITED Contract: OEW

Contract: OEW-799:“Supply, Installation, testing & commissioning for panel gas flooding system with NOVEC 1230 at variousUnderground station of DMRC”.(b) A tenderer is any associates/affiliates (inclusive of parent firms) mentioned in sub-paragraph (a)above; or(c) A tenderer lends, or temporarily seconds its personnel to firms or organizations which areengaged in consulting services for the preparation related to procurement for an implementationof the project, if the personnel would be involved in any capacity on the same project.ivThe payment of the tender cost is acceptable from any account. However tenderer shall submitsuch transaction details along with their tender submission on e-portal. If the same transactionreference number has been submitted for more than one bids. All such bids shall be consideredineligible and summarily rejected.v (a) DMRC/ any other Metro Organization (100% owned by Govt.) / Ministry of Housing & UrbanAffairs / Order of Ministry of Commerce, applicable for all Ministries must not have bannedbusiness with the tenderer (including any member in case of JV/consortium) as on the date oftender submission. The tenderer should submit undertaking to this effect in Appendix-6 of formof Tender.v (b). Also no contract of the tenderer of the value more than 10% of NIT cost of work, executed eitherindividually or in a JV/Consortium, should have been rescinded / terminated by DMRC/ anyother Metro Organization (100% owned by Govt.) after award during last 03 year (from the lastday of the previous month of tender submission) due to non-performance of the tenderer or anyof JV/Consortium, members. The tenderer should submit undertaking to this effect in Appendix6 of form of Tender.v (c) Tenderer (including any member in case of JV/consortium) for the work awarded by DMRC /any other Metro Organization (100% owned by Govt.) must have been neither penalized withliquidated damages of 10% (or more) of the contract value due to delay nor imposed withpenalty of 10% (or more) of the contract value due to any other reason in any Engineeringworks of value more than 10% of NIT cost of work, during last three years. The tenderer shouldsubmit undertaking to this effect in the Appendix-6 of Form of Tender.v (d). If the tenderer or any of the constituent ‘substantial member(s)’ of JV/Consortium does not meetthe criteria stated in the Appendix 6, the tenderer including the constituent ‘substantialmember(s)’ of JV/Consortium shall be considered ineligible for participation in tender processand they shall be considered ineligible applicants in terms of Clause 1.2.1 of NIT.v (e). If there is any misrepresentation of facts with regards to undertaking submitted vide Appendix6, the same will be considered as “fraudulent practice” under Clause 4.33.1 a (ii) of GCC andthe tender submission of such tenderers will be rejected besides taking further action as perClause 4.33.1 (b)&13.2.1 of GCC.vi.Tenderer (any member in case of JV/consortium) must not have suffered bankruptcy/ insolvencyduring the last 5 years. The tenderer should submit undertaking to this effect in the Appendix-6of Form of Tendervii.LEAD PARTNER/NON SUBSTANTIAL PARTNERS/ CHANGE IN JV/CONSORTIUMa. Lead partner must be a substantial partner in the JV/Consortium i.e. it should have a minimumof 26% participation in the JV/Consortium. Each substantial partner in case of JV/Consortiumshall have experience of executing at least one “similar work” ** of value of 93.28 lakhs ormore as defined in clause 1.2.2 (a) of NIT in last 05 years.b.c.d. In case of JV/consortium with non-Indian firm, Indian Contractor/ Indian Subsidiaryto be lead member of JV/ Consortium.Each non-substantial partner should have a minimum of 20% participation in theJV/Consortium. Partners having less than 26% participation will be termed as non-substantialpartner and will not be considered for evaluation which means that their financial soundnessand work experience shall not be considered for evaluation of JV/Consortium. In the tender ofabove work, a Joint Venture/ Consortium to qualify, each of its non-substantial partner musthave experience of executing at least one Electrical work of minimum value of 46.64 lakhs inlast 05 years.In case of JV/Consortium, change in constitution or percentage participation shall not bepermitted at any stage after their submission of application otherwise the applicant shall betreated as non-responsive.The tenderer, in case of JV/Consortium, shall clearly and unambiguously define the role andresponsibilities for each substantial/non-substantial partner in the JV agreement/ MOUNotice Inviting TenderPage 4R of 11

Contract: OEW-799:“Supply, Installation, testing & commissioning for panel gas flooding system with NOVEC 1230 at variousUnderground station of DMRC”.c)i.Procedure for Purchase Preference in procurement of goods or works which are notdivisible in nature and in procurement of services where the bid is evaluated on pricealone: APPLICABLE FOR THE SUBJECT TENDERAmong all qualified bids, the lowest bid will be termed as L 1. If L1 is from a localsupplier, the contract will be awarded to L 1.ii.If L1 is not from a local supplier, the lowest bidder among the local suppliers, will beinvited to match the L 1 price subject to local supplier's quoted price falling within themargin of purchase preference, and the contract shall be awarded to such localsupplier subject to matching the L1 price.iii.In case such lowest eligible local supplier fails to match the L 1 price, the localsupplier with the next higher bid within the margin of purchase preference shall beinvited to match the L 1 price and so on and contract shall be awarded accordingly.iv. In case none of the local suppliers within the margin of purchase preference matchesthe L 1 price, then the contract may be awarded to the L 1 bidder.d) Minimum local content and verification of local content:i. The local supplier at the time of tender shall be required to provide self-certificationthat the item offered meets the minimum local content and shall give details of thelocation(s) at which the local value addition is made.ii. In case of procurement for a value in excess of 10 crores, the local supplier shallbe required to provide a certificate from the statutory auditor or cost auditor of thecompany or from a practising cost accountant or practising chartered accountantgiving the percentage of local content after completion of works to the Engineer.iii. If any false declaration regarding local content is found, the company shall bedebarred for a period of three years from participating in tenders of all metro railcompanies.iv. Supplier/bidder shall give the details of the local content in a format attached asAppendix22 and Appendix-23 of FOT duly filled to be uploaded along with the technical bid.In case, bidder do not upload Appendix-22 and Appendix-23 of FOT duly filled alongwith their technical bid, local content shall be considered as 'Nil' in tenderevaluation.e) Complaints relating to implementation of Purchase PreferenceFees for such complaints shall be 2 Lakh or 1% of the value of the local item beingprocured (subject to maximum of 5 Lakh), whichever is higher. In case thecomplaint is found to be incorrect, the complaint fee shall be forfeited. In case, thecomplaint is upheld and found to be substantially correct, deposited fee of thecomplainant would be refunded without any interest.X.Restriction of Bidders from Countries sharing Land Borders with India:Any bidder from a country which shares a land border with India will be eligibleto bid either as a single entity or as a member of a JV / Consortium with others,in any procurement whether of goods, services (including consultancy servicesand non-consultancy services) or works (including turnkey projects) only if thebidder is registered with the Competent Authority. The Competent Authority forregistration will be the Registration Committee constituted by the Department forPromotion of Industry and Internal trade (DPIIT). Political & Security clearancefrom the Ministries of External and Home Affairs respectively will be mandatory.However, above condition shall not apply to bidders from those countries (evenif sharing a land border with India) to which the Government of India hasextended lines of credit or in which the Government of India is engaged indevelopment projects. Updated lists of countries to which lines of credit havebeen extended or in which development projects are undertaken are given in thewebsite of the Ministry of External Affairs.Notice Inviting TenderPage 6R a of 11

Contract: OEW-799:“Supply, Installation, testing & commissioning for panel gas flooding system with NOVEC 1230 at variousUnderground station of DMRC”.“The successful bidder shall not be allowed to sub-contract works to anycontractor from a country which shares a land border with India unless suchcontractor is registered with the Competent Authority”Definitions pertaining to “Restriction of Bidders from Countries sharing Land Borders withIndia” ClauseBidder" (including the term 'tenderer', 'consultant' 'vendor' or 'service provider'in certain contexts) means any person or firm or company, including anymember of a consortium or joint venture (that is an association of severalpersons, or firms or companies), every artificial juridical person not falling in anyof the descriptions of bidders stated hereinbefore, including any agency, branchor office controlled by such person, participating in a procurement process."Bidder from a country which shares a land border with India" means:a) An entity incorporated, established or registered in such a country; orb) A subsidiary of an entity incorporated, established or registered in such acountry; orc) An entity substantially controlled through entities incorporated, established orregistered in such a country; ord) An entity whose beneficial owner is situated in such a country; ore) An Indian (or other) agent of such an entity; orf) A natural person who is a citizen of such a country; org) A consortium or joint venture where any member of the consortium or jointventure falls under any of the above"Beneficial owner" will be as under:(i)In case of a company or Limited Liability Partnership, the beneficial owneris the natural person(s), who, whether acting alone or together, or throughone or more juridical person(s), has a controlling ownership interest orwho exercises control through other means.Explanationa. "Controlling ownership interest" means ownership of, or entitlement to,more than twenty-five per cent of shares or capital or profits of thecompany;b. "Control" shall include the right to appoint the majority of the directors orto control the management or policy decisions, including by virtue of theirshareholding or management rights or shareholders agreements or votingagreements;(ii) In case of a partnership firm, the beneficial owner is the natural person(s)who, whether acting alone or together, or through one or more juridicalperson, has ownership of entitlement to more than fifteen percent of capitalor profits of the partnership;(iii) In case of an unincorporated association or body of individuals, thebeneficial owner is the natural person(s), who, whether acting alone ortogether, or through one or more juridical person, has ownership of orentitlement to more than fifteen percent of the property or capital or profitsof such association or body of individuals;(iv) Where no natural person is identified under (i) or (ii) or (iii) above, thebeneficial owner is the relevant natural person who holds the position ofsenior managing official.(v) In case of a trust, the identification of beneficial owner(s) shall includeidentification of the author of the trust, the trustee, the beneficiaries withfifteen percent or more interest in the trust and any other natural personexercising ultimate effective control over the trust through a chain of controlor ownership."Agent" is a person employed to do any act for another, or to representanother in dealings with third persons.Notice Inviting TenderPage 6R b of 11

Contract: OEW-799:“Supply, Installation, testing & commissioning for panel gas flooding system with NOVEC 1230 at variousUnderground station of DMRC”.1.2.2 Minimum Eligibility Criteria(a) Work Experience : The tenderers will be qualified only if they have successfullycompleted work(s) during last 5 years ending last day of the month previous to themonth of tender submission as given below:(i) At least one “similar work”** of value of 186.56 lakh or moreOR(ii) Two “similar works” **each of value of 116.60 lakh or moreOR(iii) Three “similar works”**each of value of 93.28 lakh or more(iv)AND“Supply, Installation, Testing & Commissioning of fire suppression system forelectrical equipment using gas flooding/ NOVEC 1230" of minimum value of 46.64 lakh or more which may be a part of (i), (ii) or (iii) above or a separatework.**"Similar work” for this contract shall be “Supply, Installation, Testing &Commissioning of Electrical & Mechanical works/equipment".Notice Inviting TenderPage 6R c of 11

Contract: OEW-799:“Supply, Installation, Testing & Commissioning for panel gas flooding system with NOVEC 1230 at variousUnderground station of DMRC”.15Sub-Clause 6.716Sub Clause 10.117Sub-Clause 11.1Health and SafetyContractors are required to have tie-up with well-equipped reputedhospitals having facilities of MRI, CT Scan, Ultrasound, Blood Bank,specialist Doctors like neurosurgeon, orthopaedic as mandatoryrequirement and fire station located in the neighbourhood for attending tothe casualties promptly and emergency vehicle kept on standby dutyduring the working hours for the purpose.Defect liability periodDefect Liability Period is 12 months after the date of issue of Taking-OverCertificate for the Whole of the works completed per station wise.After expire of DLP, Guarantee/Warrantee given by OEM of the parts shallalso be extended to DMRC and relevant Guarantee/Warrantee documentof such parts shall also be submitted to DMRC by the contractor beforeprocessing of the final bill.Contract Price (Inclusion/Exclusion)17.1 Sub-Clause 11.1.1In respect of All Inclusive ContractThe Contract Price, subject to any adjustment thereto in accordance withthe contract conditions, shall be all inclusive (including all taxes, duties,royalties etc.)17.2 Sub-Clause 11.1.4Changes in Taxes/Duty:(a) (a) “Change in Taxes/Duties/Levies” means the occurrence or cominginto force of the following, at any time after the date of submission oftender.(i) Any new tax which is imposed and applicable on this work.(ii) (ii) Change in the rate of GST on applicable to this work, as per GSTAct.(b) The Contract Price shall be adjusted due to any of the above twoconditions. Adjustment in contract price will be applicable up to thestipulated date of completion of work including the extended periodof completion where such extension has been granted under subclause 8.4.1 of GCC or it is specifically mentioned that extension iswith adjustment for changes as stated above.(c) If the extension of contract period is on account of contractor’s faultunder Sub-clause 8.4.3 of GCC, no compensation shall be madetowards upward revision towards “change in Taxes/Duty (takingplace during the said extended contract period)” as mentioned at Sl.No. (a) (i) & (ii) above, during the original contract period orextended contract period shall be on employer’s account.(d) Any other changes (except on account of Clause (a) (i) & (ii) above) inexisting taxes/new taxes on supply of materials/services/works etcwill not be considered and its impact shall be considered covered inthe price variation clause provided in the Contract and in contractwhere price variation clause is not provided, the impact on any otherchange (except on account of clause a (i) & (ii) above in existingtaxes/ new taxes on supply of materials/services/works etc. will bedeemed to be included in the quoted contract price.18Sub clause 11.1.319Sub-Clause 11.2Special Conditions of Contract(e) Also the contract price shall not be adjusted on account offluctuations in the rates of exchange between the foreign currenciesof the contract and Indian Rupees from the last date of submissionof tender.Price VariationThis is a fixed price contract and no Price Variation is admissible in thiscontract.AdvanceNo Advance is admissible in this contractPage 6R of 6

Contract OEW-799: “Supply, Installation, Testing & Commissioning of panel gas flooding system withNOVEC 1230 at various Underground station of S4. Scope of work4.1 All the new NOVEC 1230 installation shall be provided in existing electrical panels of AuxiliarySub Stations and other electrical panels of station as per the direction of engineer in-charge sothat the overall efficiency of the system is not be affected.4.2 Contractor shall follow the NFPA 2001 while executing the NOVEC 1230 system.4.3 Contractor shall integrate the NOVEC 1230 system with existing Notifier/Simplex any other firedetection system after providing necessary cable and monitor module of Notifier/Simplex anyother make at stations. All the integration work shall be carried out by certified engineer ofNotifier/Simplex.4.4 Power supply for Main Control Unit of NOVEC 1230 shall be installed by contractor with 3 core x2.5 sq. mm. For this LSZH copper cable/wire from the nearest UPS-DB of the plant/sub-stationin GI flexible/hard conduit inclusive of power switch & socket box to be provided by contractorfor which nothing shall be paid extra.4.5 Cable used for system integration with existing Notifier/Simplex any other system shall be ofspecification: Heat resistance cable 2C x 1.5 sq.mm cable, colour-Red, Non armored, BS 84341.2003 BSEN50200.2006 PH120 BS7629-1.1997(H) BS7629 CWZ 300/500V-2. The contractorto supply, lay, install & integrate the cable with existing FACP system for which nothing shall bepaid extra.4.6 All the necessary clamps, hooks etc required for holding of tube, cylinder or MCU etc shall beprovided by contractor.4.7 The contractor shall make all the necessary arrangement and machinery for drilling, welding,brazing required for completion of work, nothing shall be paid extra.4.8 During, DLP preventive & corrective maintenance as per 6.0 is in contractor scope.4.9 Electrical wiring connection including cables, wire, connectors and installation accessories shallbe in scope of contractor as per the direction of engineer in-charge.4.10 Electrical cables or wiring installed outside the electrical panels shall be protected byflexible/hard conduit as per the direction of engineer in-charge.metallic4.11 Contractor shall carry out the wiring/cable etc. as required with proper dressing and saddle asdirection of engineer in-charge.4.12 Contractor shall follow the relevant IE rules / acts etc. during execution of work.4.13 Proper safety shall be responsibility of the contractor during work on HV and LV electricalsystem.4.14 If gas releases due to any defect of mal-operation/function, the cost shall be born borne bycontractor during the completion period and DLP.4.15 The contractor shall submit the scheduled planning for execution of work at least two days inadvance to the engineer in-charge.4.16 All the work shall be executed in non-revenue hours (night) for that nothing shall be paid extra.Page 3R of 6

Contract OEW-799: “Supply, Installation, Testing & Commissioning of panel gas flooding system withNOVEC 1230 at various Underground station of DMRC”4.17 Contractor shall clean & dispose the released scrap/material etc. as per DMRC environmentalpolicy.4.18 Contractor shall bring all tools & tackles required to carry out the work. No T&P etc. shall beprovided by DMRC4.19Contractor shall provide onsite training for operation and maintenance of above system.4.20 Contractor shall also submit 2 copies in hard and one soft copy the station wise layout plan forsystem.4.21 Any defects of Workmanship, materials, performance, maladjustment, non-compliance withthis specification or other irregularities which become apparent during the tests orcommissioning shall be rectified by the Contractor, at its own expense, Installation shall befree from defects and in full working order to the complete satisfaction of the Engineer.4.22 The contractor shall also be responsible to repair the defects / faults arise during the defectliability period after the completion of work.4.23 If there is any other technical requirement for system completion the same shall be explainedby the contract to Engineer in-charge.4.24 Any other minor work required for completion of job shall be in scope of contractor, nothingshall be paid extra.4.25 The contractor shall be responsible for shifting of released/scrap Argonite/Inrgen gas cylinderto the any underground station (as per site information furnished at clause 2.0 of ER) andDMRC Depot. The contractor shall arrange the T&P/Transport/manpower required for shifting/transportation of Argonite/Inrgen gas cylinder nothing shall be paid extra in this account.If there is any deviation in the technical specification, same should be highlighted at the time oftendering only5.0 Completion period for phase manner execution of work5.1 The stations specified above at item no 3.1 shall be co

Contract: OEW-799:“Supply, Installation, testing & commissioning for panel gas flooding system with NOVEC 1230 at various Underground station of DMRC”. Notice Inviting Tender Page 2R of 11 NOTICE INVITING TENDER (NIT) 1.1 GENERAL 1.1.1 DMRC Invites Open tender through e