Notice Inviting Tender (NIT) - Delhi Metro

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CONTRACT NO: OEW-846Rate Contract for repairing of High Mast installed at DMRC RollingStock Depots for 3 years replacement of conventional high mastluminaries with LED lights.Notice Inviting Tender (NIT)DELHI METRO RAIL CORPORATION LTD.5th FLOOR, C-WING, METRO BHAWAN,FIRE BRIGADE LANE, BARAKHAMBA ROAD,NEW DELHI 110001

Contract OEM-846Rate Contract for repairing of High Mast installed at DMRC Rolling Stock Depots for 3years replacement of conventional high mast luminaries with LED lights.INDEXClauseDescriptionPage No.General2Key Details2Qualification Criteria31.2.1Eligible Applicant31.2.2Minimum Eligibility Criteria81.3Tender Documents Consist11Instructions for online bid submission131.11.1.21.2Notice Inviting TenderPage 1of 14

Contract OEM-846Rate Contract for repairing of High Mast installed at DMRC Rolling Stock Depots for 3years replacement of conventional high mast luminaries with LED lights.NOTICE INVITING TENDER (NIT)1.1 GENERAL1.1.1 DMRC Invites Open tender through e-tendering system (i.e. Technical and Financial bid) fromeligibleapplicantswho fulfill qualification criteria as stipulated in clause 1.2 of NIT for Contract:OEM-846:Rate Contract for repairing of High Mast installed at DMRC Rolling Stock Depotsfor 3 years replacement of conventional high mast luminaries with LED lights.The brief scopeof the work and site information is provided in ITT clause A2.1.1.2 The key details are as follows:a.Name of WorkContract: OEM-846:-Rate Contract for repairing of HighMast installed at DMRC Rolling Stock Depots for 3 yearsreplacement of conventional high mast luminaries with LEDlights.b.Approximate Cost of work 220.55 Lakhs(Inclusive of all)Tender Security Amount*(Earnest Money Deposit)Amount of Tender Security:- 73,517/(Payment of tender security is to be made only by RTGS,NEFT and IMPS. No other mode of payment will beaccepted. The detail of bank account of DMRC for paymentof Tender security is mentioned in clause 1.1.2(p) of NIT. Thebidders shall be required to upload the scanned copies oftransaction of payment of tender security/ EMDincluding ereceipt (clearly indicating UTR No. & Tender reference i.e.OEM-846 must be entered in the remarks at the time ofonline transaction of payment, failing which payment may notbe considered) at the time of online bid submission.For further details, clause C18.1.2 of ITT may be referred.Note:Bidders to note that the payment of tender securityshall be made from the account of bidder only however,in case of JV/Consortium the tender security can eitherbe paid from JV/Consortium account or one of theconstituent member of JV/Consortium.If tender security has been made from other than theaccount mentioned above, same shall not be acceptedand all such bids shall be considered ineligible andsummarily rejected.d.Cost of Tender Documents*(Non-Refundable) 23,600/- (inclusive of 18% GST) Non-Refundable(Payment of cost of tender document / tender fee is to bemade only by RTGS, NEFT & IMPS. No other mode ofpayment will be accepted. The detail of bank account ofDMRC for payment of cost of tender document is mentionedin clause 1.1.2(p) of NIT. The bidders will be required toupload the scanned copies of transaction of payment oftender document cost/ tender fee including e-receipt (clearlyindicating UTR No.& Tender reference i.e. OEM-846 mustbe entered in the remarks at the time of online transaction ofpayment, failing which payment may not be considered) atthe time of online bid submission.(Copy of GST registration no. to be provided along withTender document cost/ tender fee)e.Tender Document available forsale on websiteFrom 20.10.2020 to 19.11.2020 (upto 14:00 hrs) on etendering website https://eprocure.gov.in/eprocure/appTender document can only be obtained after registration oftenderer on the website https://eprocure.gov.in/eprocure/app.c.Notice Inviting TenderPage 2of 14

Contract OEM-846Rate Contract for repairing of High Mast installed at DMRC Rolling Stock Depots for 3years replacement of conventional high mast luminaries with LED lights.f.Pre-bid Meeting28.10.2020 at 11:00 HrsThe pre-bid meeting shall be conducted through videoconferencing using software apps such as microsoftteams etc. All Prospective bidders shall provide thedetails of the person(s) (maximum up to two) who will beparticipating in such virtual meeting at least one daybefore the meeting (latest by 11:00 Hrs on 27.10.2020) dmrc.org, so that links having detailssuch as software apps, meeting ID, password etc. can bemailed to these persons preferably 12 hours before thescheduled pre-bid meeting.g.Last date of SeekingClarification27.10.2020(upto 17:00 Hrs) (Queries shall be submittedonline through e-tendering portal against the respectivetender)Last date of issuingamendment, if anyTender submission Start Datei.(i)and Time (online)Tender submission end Datei.(ii)and Time (online)Date & Time of opening ofj.Tender (Technical Bid) (online)h.09.11.202014.11.2020(from 09:00Hrs)19.11.2020(Upto 14:00Hrs)20.11.2020at 14:30 Hrs.k.Date & Time of opening ofFinancial BidWill be informed later on after the evaluation of TechnicalBids (Only to the bidders who will successfully qualify theTechnical Evaluation)l.Validity of Tender180 days from the last date of submission of tender.Stipulated date ofCommencement of workWithin seven days from the date of issue of “Letter ofAcceptance” or as per the instructions of Engineer.Completion PeriodAuthority and place forsubmission of tender cost &Tender Security (EMD),required documents (if any)and seeking clarifications ontender documents03 (three) Yearsm.n.o.p.CE/Tender (O&M),Delhi Metro Rail Corporation Ltd.,5th Floor, C-Wing, Metro Bhawan,Fire Brigade Lane, Barakhamba Road,New Delhi –110001To facilitate payment of Tender Fee and Tender Security through RTGS, NEFT & IMPS, thedetails of bank account of DMRC is mentioned below:Name of BankBank’s AddressPunjabNational BankECE HouseBranch,Connaught Place,New Delhi -110001Account Name & No.AccountTypeDMRC Ltd. O&MExpenditure A/C,1120005800000032CurrentIFSC codePUNB01120001.2 QUALIFICATION CRITERIA1.2.1 Eligible Applicanti.ii.The tenders for this contract will be considered only from those tenderers {proprietorship firms,partnership firms, companies, corporations, consortia or joint ventures (JV hereinafter)} whomeet requisite eligibility criteria prescribed in the sub-clauses of Clause 1.2 of NIT. In the caseof a JV or Consortium, all members of the Group shall be jointly and severally liable for theperformance of whole contract.a)A non-Indian bidder (not restricted as defined in clause 1.2.1.x below) is permitted to tenderonly in a joint venture or consortium arrangement with Indian contractor(s) or their whollyowned Indian subsidiary registered in India under Companies Act-2013 with minimum 74%participation. Indian contractor/ Indian subsidiary to be lead member of JV/Consortium.Notice Inviting TenderPage 3of 14

Contract OEM-846Rate Contract for repairing of High Mast installed at DMRC Rolling Stock Depots for 3years replacement of conventional high mast luminaries with LED lights.(b) A tenderer shall submit only one bid in the particular tendering process, either individually asa tenderer or as a partner of a JV/Consortium. A tenderer who submits or participates in,more than one bid will cause all of the proposals in which the tenderer has participated to bedisqualified. No tenderer can be a sub-contractor while submitting a bid individually or as apartner of a JV/Consortium in the same bidding process. A tenderer, if acting in the capacityof subcontractor in any bid, may participate in more than one bid, but only in that capacity.iiiTenderers shall not have a conflict of interest. All Tenderers found to have a conflict of interestshall be disqualified. Tenderers shall be considered to have a conflict of interest with one ormore parties in this bidding process, if:(a) A tenderer has been engaged by the Employer to provide consulting services for thepreparation related to procurement for implementation of the project; or(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 from of Tender.v (c). Tenderer (including any member in case of JV/consortium) for the work awarded by DMRC / anyother 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 Civil 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 notmeet the 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.vii.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 TenderLEAD PARTNER/NON SUBSTANTIAL PARTNERS/ CHANGE IN JV/CONSORTIUMNotice Inviting TenderPage 4of 14

Contract OEM-846Rate Contract for repairing of High Mast installed at DMRC Rolling Stock Depots for 3years replacement of conventional high mast luminaries with LED lights.a. Lead partner must be a substantial partner in the JV/Consortium i.e. it should have aminimum of 26% participation in JV/Consortium.Each substantial partner in case ofJV/Consortium shall have experience of executing at leastone “similar work” of minimumvalue of 29.41 Lakhs in last 05 years.b. 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 which means that their financial soundness and workexperience shall not be considered for evaluation of JV/Consortium. In the tender forabovework 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 14.70 Lakhsin last 05 years.c. 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.d. The tenderer, in case of JV/Consortium, shall clearly and unambiguously define the role andresponsibilities for each substantial/non-substantial partner in the JV/Consortium agreement/MOU submitted vide foot note (d) of Appendix-5 of Form of Tender, providing clearly that anyabrogation /subsequent re-assignment of any responsibility by any substantive/nonsubstantive partner of JV/Consortium in favour of other JV/Consortium partner or any changein constitution of partners of JV/Consortium (without written approval of Employer) from theone given in JV/consortium agreement/MOU at tender stage, will be treated, as ‘breach ofcontract condition’ and/or ‘concealment of facts’ (as the case may be), vide GCC clause4.33.1 [a (ii) and (iii)] and acted accordingly.The Employer in such cases, may in its sole discretion take action under clause 4.33.1 (b) ofGCC against any member(s) for failure in tenderer’s obligation and declare that member(s) ofJV/Consortium ineligible for award of any tender in DMRC or take action to terminate thecontract in part or whole under clause 13 of GCC as the situation may demand and recoverthe cost/damages as provided in contract.viii.Participation by Subsidiary Company / Parent Company with credential of otherCompanya) Applicant in the capacity of a Subsidiary Company as a single entity is not permitted to usethe credential of its Parent Company and/or its Sister Subsidiary Company/ Companiesunless the Applicant participates in tender as JV/Consortium with its Parent Company and/orits Sister Subsidiary Company/ Companies as a member(s) in JV/Consortium with minimum26% participation each (as substantial member) for such member(s).b) Applicant in the capacity of a Parent Company as a single entity is not permitted to use thecredential of its Subsidiary Company/ Companies unless the Applicant participates in tenderas JV/Consortium with its Subsidiary Company/ Companies as a member(s) in JV/Consortiumwith minimum26% participation each (as substantial member) for such member(s).ix.Purchase Preference to Class-I local Supplier/Preference to Make in India:a) Definitions:i. Local content’ means the amount of value added in India which shall, unless otherwiseprescribed by the Nodal Ministry, be the total value of the item procured (excluding netdomestic indirect taxes) minus the value of imported content in the item (including all customduties) as a proportion of the total value, in percent.ii.iii.Class-I local supplier’ means a supplier or service provider, whose goods, services or worksoffered for procurement, has local content equal to or more than 50%, as defined under theOrder No. P-45021/2/2017-PP(BE-II) dated 04.06.2020 issued by Department for Promotion ofIndustry and Internal Trade (DPIIT).Class-II local supplier’ means a supplier or service provider, whose goods, services or worksoffered for procurement, has local content more than 20% but less than 50%, as defined underthe Order No. P-45021/2/2017-PP(BE-II) dated 04.06.2020 issued by Department forPromotion of Industry and Internal Trade (DPIIT).Notice Inviting TenderPage 5of 14

Contract OEM-846Rate Contract for repairing of High Mast installed at DMRC Rolling Stock Depots for 3years replacement of conventional high mast luminaries with LED lights.iv.Non-local supplier’ means a supplier or service provider, whose goods, services or worksoffered for procurement, has local content less than or equal to 20%, as defined under theOrder No. P-45021/2/2017-PP(BE-II) dated 04.06.2020 issued by DPIIT.v.‘L1’ means the lowest tender or lowest bid or the lowest quotation received in a tender, biddingprocess or other procurement solicitation as adjudged in the evaluation process as per thetender or other procurement solicitation.vi.‘Margin of purchase preference’ means the maximum extent to which the price quoted by a“Class-I local supplier” may be above the L1 for the purpose of purchase preference. Margin ofpurchase preference shall be 20% for the subject tenderb) Procedure for Purchase Preference to ‘Class-I local supplier’ in procurement ofgoods or works which are divisible in nature: NOT APPLICABLE FOR THE SUBJECTTENDERi.Among all qualified bids, the lowest bid will be termed as L1. If L1 is ‘Class-I local supplier’,the contract for full quantity will be awarded to L1.ii.If L1 bid is not a ‘Class-I local supplier’, 50% of the order quantity shall be awarded to L1.Thereafter, the lowest bidder among the ‘Class-I local supplier’, will be invited to match theL1 price for the remaining 50% quantity subject to the Class-I local supplier’s quoted pricefalling within the margin of purchase preference, and contract for that quantity shall beawarded to such ‘Class-I local supplier’ subject to matching the L1 price.iii.In case such lowest eligible ‘Class-I local supplier’ fails to match the L1 price or acceptsless than the offered quantity, the next higher ‘Class-I local supplier’ within the margin ofpurchase preference shall be invited to match the L1 price for remaining quantity and so on,and contract shall be awarded accordingly.iv.In case some quantity is still left uncovered on Class-I local suppliers, then such balancequantity may also be ordered on the L1 bidder.c) Procedure for Purchase Preference to ‘Class-I local supplier’ in procurement of goodsor works which are not divisible in nature and in procurement of services where thebid is evaluated on price alone: APPLICABLE FOR THE SUBJECT TENDERi.ii.Among all qualified bids, the lowest bid will be termed as L1. If L1 is ‘Class-I local supplier’,the contract will be awarded to L1.If L1 is not ‘Class-I local supplier’, the lowest bidder among the ‘Class-I local supplier’, willbe invited to match the L1 price subject to Class-I local supplier’s quoted price falling withinthe margin of purchase preference, and the contract shall be awarded to such ‘Class-I localsupplier’ subject to matching the L1 price.iii.In case such lowest eligible ‘Class-I local supplier’ fails to match the L1 price, the ‘Class-Ilocal supplier’ with the next higher bid within the margin of purchase preference shall beinvited to match the L1 price and so on and contract shall be awarded accordingly.iv.In case none of the ‘Class-I local supplier’ within the margin of purchase preferencematches the L1 price, the contract may be awarded to the L1 bidder.d) Minimum local content and verification of local content:i.The ‘Class-I local supplier’ / ‘Class-II local supplier’ at the time of tender, bidding orsolicitation shall be required to indicate percentage of local content and provide selfcertification that the item offered meets the local content requirement for ‘Class-I localNotice Inviting TenderPage 6of 14

Contract OEM-846Rate Contract for repairing of High Mast installed at DMRC Rolling Stock Depots for 3years replacement of conventional high mast luminaries with LED lights.supplier’ / ‘Class-II local supplier’, as the case may be. They shall also give details of thelocation(s) at which the local value addition is made.ii.In case of procurement for a value in excess of Rs. 10 crores, the ‘Class-I local supplier’ /‘Class-II local supplier’ shall be required to provide a certificate from the statutory auditoror cost auditor of the company (in case of companies) or from a practicing costaccountant or practicing chartered accountant (in respect of suppliers other thancompanies) giving the percentage of local content after completion of works to theEngineer.iii.If any false declaration regarding local content is found, the company shall be deba

Notice Inviting Tender Page 2of 14 NOTICE INVITING TENDER (NIT) 1.1 GENERAL 1.1.1 DMRC Invites Open tender through e-tendering system (i.e. Technical and Financial bid) from eligibleapplicantswho fulfill qualification criteria as stipulated in clause 1.2 of NIT for Contract:

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