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Package-12B

Section 4: Bidding Forms 4-1

Section 4: Bidding Forms


- Without Prequalification -

Table of Forms

Letter of Technical Bid .....................................................................................................................4-3

Letter of Price Bid ............................................................................................................................4-9

Bid Security ......................................................................................................................................4-11

Bid-Securing Declaration ................................................................................................................4-12

Affiliate Company Guarantee..........................................................................................................4-13

Technical Proposal ..........................................................................................................................4-14


Personnel ....................................................................................................................................4-15
Form PER – 1: Proposed Personnel ....................................................................................4-16
Form PER – 2: Resume of Proposed Personnel .................................................................4-16
Equipment ...................................................................................................................................4-17
Site Organization .........................................................................................................................4-18
Method Statement .......................................................................................................................4-18
Mobilization Schedule..................................................................................................................4-18
Construction Schedule ................................................................................................................4-18

Bidders Qualification ..................................................................................................... 4-19


Form ELI – 1: Bidder’s Information Sheet.....................................................................................4-20
Form ELI – 2: Joint Venture Information Sheet ............................................................................4-21
Form CON – 1: Historical Contract Nonperformance ...................................................................4-22
Form FIN – 1: Historical Financial Performance ...........................................................................4-23
Form FIN – 2: Average Annual Project Turnover .........................................................................4-25
Form FIN – 3: Availability of Financial Resources.......................................................................4-26
Form FIN – 3A: Evidence of Availability of Credit Line Financial Resources .............................. 4-27
Form FIN – 4: Financial Requirements for Current Contract Commitments.................................4-28
Form FIN – 5: Self-Assessment Tool for Bidder's Compliance to Financial Resources ...............4-29
Form FIN – 5A: For Single Entities ..............................................................................................4-29
Form FIN – 5B: For Joint Ventures ..............................................................................................4-29

Form EXP – 1: Contracts of Similar Size and Nature ..................................................................4-31


Form EXP – 2: Project Experience in Key Activities ....................................................................4-32

Schedules .........................................................................................................................................4-34

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-2

Schedule of Payment Currencies ............................................................................................... 4-34


Tables of Adjustment Data.......................................................................................................... 4-35

Bill of Quantities .............................................................................................................................. 4-36

Form ELI-3 : Joint Venture Agreement………………………………………………………………….4-37

Form ELI-4 : Power of Attorney (POA) Single Entity………………………………………………....4-40

Form ELI-5: Power of Attorney for ……………………………………………………………….…….4-41


Authorized Signatory of Joint Venture (JV Partners

Form ELI- 6: Power of Attorney to Lead Partner ………………………………………….…………4-42


and Authorized Representative of Joint Venture (JV)

Form PQ-1 : Standard Format for Pre Bid queries…………………………………………………..4-44


Form PQ-2 : Undertaking for Encashment/Forfeiture of Bid Security……………………………4-45
Form UT : UNDERTAKING FOR DOWNLOADED BID DOCUMENT ……………………………4-46
Form CL-1 : Checklist for Technical Submission……………………………………………………4-47
Form CL-2 : Undertaking from sub-contractor……………………………………………………….4-51
Form LC : Form Local Content ……………...………………………………………………………….4-52

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-3

Letter of Technical Bid


For LOT-P12B L1
-Note-
The bidder must accomplish the Letter of Technical Bid on its letterhead clearly showing the bidder’s complete name
and address.

Date: ..................................................
OCB No.: NCRTC (DM/CN/COR-OF/119 Lot-P12B L1)
Invitation for Bid No.: NCRTC (DM/CN/COR-OF/119 P12B L1)

To:

National Capital Region Transport Corporation Ltd.


7/6, Siri Fort Institutional Area,
August Kranti Marg,
New Delhi – 110049
Tel : +91-11-41066943
Fax : +91-11-41066953

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) 8. We accordingly offer to design,
execute, and complete the Works and remedy any defects therein so that they are fit for the
purposes defined in the Contract, and in conformity with the terms and conditions contained in
the Contract.

(b) We offer to execute in conformity with the Bidding Documents the following Works:

Package 12B: Design, Fabrication, Supply and Erection of Pre–Engineered Steel Roof
Structure of 12 (Twelve) Elevated stations viz Partapur, Rithani, Brahampuri, Shatabdi Nagar,
Murad Nagar, Modi Nagar South, Modi Nagar North, Meerut South, MES Colony, Daurli, Meerut
North and Modipuram Stations of Delhi – Ghaziabad –Meerut RRTS Corridor.
For following Lot

DM/CN/COR-OF/119, LOT-P12B L1:- Design, Fabrication, Supply and Erection of Pre–


Engineered Steel Roof Structure of 6 (Six) Elevated stations viz Murad Nagar, Modi Nagar
South, Modi Nagar North, Meerut South, MES Colony and Daurli Stations of Delhi – Ghaziabad –
Meerut RRTS Corridor.

We are participating in the Bids for this LOT-P12B L1 /Both Lots i.e. LOT-P12B L1 & Lot-P12B
L2 (Combined) (Strike out whichever is not applicable)

(c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of 180 days
from the date fixed for the bid submission deadline in accordance with the Bidding Documents,

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-4

and it shall remain binding upon us and may be accepted at any time before the expiration of
that period.

(d) Our firm, including any Subcontractors or Suppliers for any part of the Contract, have
nationalities from eligible countries in accordance with ITB 4.2.

(e) We, including any Subcontractors or Suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB 4.3.

(f) We are not participating, as a Bidder, either individually or as partner in a Joint Venture, in more
than one Bid in this bidding process in accordance with ITB 4.3(e), other than alternative offers
submitted in accordance with ITB 13.

(g) Our firm, Joint Venture partners, associates, parent company, its affiliates or subsidiaries,
including any Subcontractors or Suppliers for any part of the contract, are not subject to, or not
controlled by any entity or individual that is subject to, a temporary suspension or a debarment
imposed by the Asian Development Bank or a debarment imposed by the Asian Development
Bank in accordance with the Agreement for Mutual Enforcement of Debarment Decisions
between the Asian Development Bank and other development banks. 1

(h) Our Firm, Joint Venture Partners, associates, parent company, its affiliates or subsidiaries,
including any Subcontractors or suppliers for any part of the Contract are not or have never
been temporarily suspended, debarred, declared ineligible, or blacklisted by any
Government/Government Organizations in the Employer’s Country, any International
Organization and other donor agency.

If so debarred, declared ineligible, temporarily suspended, or blacklisted, please state details


(as applicable to each Joint Venture partner, associate, parent company, affiliate, subsidiaries,
Subcontractors, and/or Suppliers):
(i) Name of Institution: __________________
(ii) Period of debarment, ineligibility, or blacklisting [start and end date]: ____________
(iii) Reason for the debarment, ineligibility, or blacklisting: ________________________

(i) Our firms, Joint Venture partners, associates, parent company’s affiliates or subsidiaries,
including any Subcontractors or Suppliers key officers and directors have not been [charged or
convicted] of any criminal offense (including felonies and misdemeanors) or
infractions/violations of ordinance which carry the penalty of imprisonment.

If so charged or convicted, please state details:


(i) Nature of the offense/violation: __________________
(ii) Court/Area of jurisdiction: __________________

1 These institutions include African Development Bank, European Bank for Reconstruction and Development (EBRD), Inter-
American Development Bank (IADB), and the World Bank Group. According to paragraph 9 of the Agreement, other international
financial institutions may join upon the consent of all Participating Institutions and signature of a Letter of Adherence by the
international financial institution substantially in the form provided (Annex B to the Agreement). Upon adherence, such international
financial institution shall become a Participating Institution for purposes of the Agreement. Bidders are advised to check
www.adb.org/integrity for updates.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-5

(iii) Resolution [i.e. dismissed; settled; convicted/duration of penalty]: __________________


(iv) Other relevant details [please specify details]:

(j) We understand that it is our obligation to notify ADB should our firm, Joint Venture partners,
associates, parent company, affiliates or subsidiaries, including any Subcontractors or
Suppliers, be temporarily suspended, debarred or become ineligible to work with ADB or any
other MDBs, the Employer’s country, international organizations, and other donor agencies, or
any of our key officers and directors be charged or convicted of any criminal offense or
infractions/violations of ordinance which carry the penalty of imprisonment.

(k) Our firm, Joint Venture partners, associates, parent company, affiliates or subsidiaries,
including any Subcontractors or Suppliers, are not from a country which is prohibited to export
goods to or receive any payments from the Employer’s country by an act of compliance with a
decision of the United Nations Security Council taken under Chapter VII of the Charter of the
United Nations.

(l) [We are not a government-owned enterprise] / [We are a government-owned enterprise but
meet the requirements of ITB 4.5].1

(m) We have not been suspended nor declared ineligible by the Employer based on execution of a
Bid-Securing Declaration in accordance with ITB 4.6.

(n) We agree to permit ADB or its representative to inspect our accounts and records and other
documents relating to the bid submission and to have them audited by auditors appointed by
ADB. We agree to permit AIIB, and the persons or entities designated by it, or authorized
according to its respective policies, to inspect and copy all our accounts, and other documents
relating to the bid submission and to have them audited by auditors appointed by AIIB.

(o) If our Bid is accepted, we commit to mobilizing key equipment and personnel in accordance
with the requirements set forth in Section 6 (Employer’s Requirements) and our technical
proposal, or as otherwise agreed with the Employer.

(p) We understand that any misrepresentation that knowingly or recklessly misleads, or attempts to
mislead may lead to the automatic rejection of the Bid or cancellation of the contract, if
awarded; and may result in remedial actions, in accordance with ADB’s Anticorruption Policy
(1998, as amended to date) and Integrity Principles and Guidelines (2015, as amended from
time to time).

Name .................................................................................................................................................
In the capacity of ...............................................................................................................................
Signed ...............................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .........................................................................
Date …………………………………………………………………………………………………………..

1
Use one of the two options as appropriate.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-6

Letter of Technical Bid


For LOT-P12B L2
-Note-
The bidder must accomplish the Letter of Technical Bid on its letterhead clearly showing the bidder’s complete name
and address.

Date: ..................................................
OCB No.: NCRTC (DM/CN/COR-OF/120 LOT P12B L2)
Invitation for Bid No.: NCRTC (DM/CN/COR-OF/120 P12B L2)

To:

National Capital Region Transport Corporation Ltd.


7/6, Siri Fort Institutional Area,
August Kranti Marg,
New Delhi – 110049
Tel : +91-11-41066943
Fax : +91-11-41066953

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) 8. We accordingly offer to design,
execute, and complete the Works and remedy any defects therein so that they are fit for the
purposes defined in the Contract, and in conformity with the terms and conditions contained in
the Contract.

(b) We offer to execute in conformity with the Bidding Documents the following Works:

Package 12B: Design, Fabrication, Supply and Erection of Pre–Engineered Steel Roof Structure
of 12 (Twelve) Elevated stations viz Partapur, Rithani, Brahampuri, Shatabdi Nagar, Murad
Nagar, Modi Nagar South, Modi Nagar North, Meerut South, MES Colony, Daurli, Meerut North and
Modipuram Stations of Delhi – Ghaziabad –Meerut RRTS Corridor.

For following LOT

DM/CN/COR-OF/120, LOT-P12B L2:- Design, Fabrication, Supply and Erection of Pre–


Engineered Steel Roof Structure for 6 (Six) Elevated stations viz Partapur, Rithani, Shatabdi
Nagar, Brahmpuri, Meerut North and Modipuram of Delhi – Ghaziabad – Meerut RRTS Corridor.

We are participating in the Bids for this LOT-P12B L2 /Both Lots i.e. LOT-P12B L1 & LOT-P12B
L2 (Combined) (Strike out whichever is not applicable)

(c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of 180 days
from the date fixed for the bid submission deadline in accordance with the Bidding Documents,
DM/CN/COR-OF/119 & 120 NCRTC
Package-12B
Section 4: Bidding Forms 4-7

and it shall remain binding upon us and may be accepted at any time before the expiration of
that period.

(d) Our firm, including any Subcontractors or Suppliers for any part of the Contract, have
nationalities from eligible countries in accordance with ITB 4.2.

(e) We, including any Subcontractors or Suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB 4.3.

(f) We are not participating, as a Bidder, either individually or as partner in a Joint Venture, in more
than one Bid in this bidding process in accordance with ITB 4.3(e), other than alternative offers
submitted in accordance with ITB 13.

(g) Our firm, Joint Venture partners, associates, parent company, its affiliates or subsidiaries,
including any Subcontractors or Suppliers for any part of the contract, are not subject to, or not
controlled by any entity or individual that is subject to, a temporary suspension or a debarment
imposed by the Asian Development Bank or a debarment imposed by the Asian Development
Bank in accordance with the Agreement for Mutual Enforcement of Debarment Decisions
between the Asian Development Bank and other development banks. 1

(h) Our Firm, Joint Venture Partners, associates, parent company, its affiliates or subsidiaries,
including any Subcontractors or suppliers for any part of the Contract are not or have never
been temporarily suspended, debarred, declared ineligible, or blacklisted by any
Government/Government Organizations in the Employer’s Country, any International
Organization and other donor agency.

If so debarred, declared ineligible, temporarily suspended, or blacklisted, please state details


(as applicable to each Joint Venture partner, associate, parent company, affiliate, subsidiaries,
Subcontractors, and/or Suppliers):
(iv) Name of Institution: __________________
(v) Period of debarment, ineligibility, or blacklisting [start and end date]: ____________
(vi) Reason for the debarment, ineligibility, or blacklisting: ________________________

(i) Our firms, Joint Venture partners, associates, parent company’s affiliates or subsidiaries,
including any Subcontractors or Suppliers key officers and directors have not been [charged or
convicted] of any criminal offense (including felonies and misdemeanors) or
infractions/violations of ordinance which carry the penalty of imprisonment.

If so charged or convicted, please state details:


(v) Nature of the offense/violation: __________________
(vi) Court/Area of jurisdiction: __________________

1 These institutions include African Development Bank, European Bank for Reconstruction and Development (EBRD), Inter-
American Development Bank (IADB), and the World Bank Group. According to paragraph 9 of the Agreement, other international
financial institutions may join upon the consent of all Participating Institutions and signature of a Letter of Adherence by the
international financial institution substantially in the form provided (Annex B to the Agreement). Upon adherence, such international
financial institution shall become a Participating Institution for purposes of the Agreement. Bidders are advised to check
www.adb.org/integrity for updates.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-8

(vii) Resolution [i.e. dismissed; settled; convicted/duration of penalty]: __________________


(viii) Other relevant details [please specify details]:

(j) We understand that it is our obligation to notify ADB should our firm, Joint Venture partners,
associates, parent company, affiliates or subsidiaries, including any Subcontractors or
Suppliers, be temporarily suspended, debarred or become ineligible to work with ADB or any
other MDBs, the Employer’s country, international organizations, and other donor agencies, or
any of our key officers and directors be charged or convicted of any criminal offense or
infractions/violations of ordinance which carry the penalty of imprisonment.

(k) Our firm, Joint Venture partners, associates, parent company, affiliates or subsidiaries,
including any Subcontractors or Suppliers, are not from a country which is prohibited to export
goods to or receive any payments from the Employer’s country by an act of compliance with a
decision of the United Nations Security Council taken under Chapter VII of the Charter of the
United Nations.

(l) [We are not a government-owned enterprise] / [We are a government-owned enterprise but
meet the requirements of ITB 4.5].1

(m) We have not been suspended nor declared ineligible by the Employer based on execution of a
Bid-Securing Declaration in accordance with ITB 4.6.

(n) We agree to permit ADB or its representative to inspect our accounts and records and other
documents relating to the bid submission and to have them audited by auditors appointed by
ADB. We agree to permit AIIB, and the persons or entities designated by it, or authorized
according to its respective policies, to inspect and copy all our accounts, and other documents
relating to the bid submission and to have them audited by auditors appointed by AIIB.

(o) If our Bid is accepted, we commit to mobilizing key equipment and personnel in accordance
with the requirements set forth in Section 6 (Employer’s Requirements) and our technical
proposal, or as otherwise agreed with the Employer.

(p) We understand that any misrepresentation that knowingly or recklessly misleads, or attempts to
mislead may lead to the automatic rejection of the Bid or cancellation of the contract, if
awarded; and may result in remedial actions, in accordance with ADB’s Anticorruption Policy
(1998, as amended to date) and Integrity Principles and Guidelines (2015, as amended from
time to time).

Name .................................................................................................................................................
In the capacity of ...............................................................................................................................
Signed ...............................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .........................................................................
Date …………………………………………………………………………………………………………..

1
Use one of the two options as appropriate.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-9

Letter of Price Bid


For LOT-P12B L1
-Note-
The bidder must accomplish the Letter of Price Bid on its letterhead clearly showing the bidder’s complete name and address.

(Please refer Financial Bid of DM/CN/COR-OF/119 Lot-P12B L1)

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-10

Letter of Price Bid


For LOT-P12B L2
-Note-
The bidder must accomplish the Letter of Price Bid on its letterhead clearly showing the bidder’s complete name and address.

Please refer Financial Bid of DM/CN/COR-OF/120 Lot-P12B L2)

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-11

Bid Security
(For LOT-P12B L1 & P12B L2 separately)
Bank Guarantee
[Bank’s name, and address of issuing branch or office]1
Beneficiary: National Capital Region Transport Corporation Ltd.
7/6, Siri Fort Institutional Area,
August Kranti Marg,
New Delhi – 110049
Tel : +91-11-41066943
Fax : +91-11-41066953
Date: ..........................................................................................................................................................................................
Bid Security No.: .................................................................................................................................................................

We have been informed that [name of the bidder] (hereinafter called "the Bidder") has submitted to you
its bid dated [please specify] (hereinafter called "the Bid") for the execution of [name of contract] under
Invitation for Bids No. [please specify] (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
guarantee.
At the request of the Bidder, we [name of bank] hereby irrevocably undertake to pay you any sum or
sums not exceeding in total an amount of [amount in words] [amount in figures] upon receipt by us of your
first demand in writing accompanied by a written statement stating that the Bidder is in breach of its
obligation(s) under the bid conditions, because the Bidder
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Letters of
Technical and Price Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid
validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish
the performance security, in accordance with the ITB, or (iii) fails or refuses to furnish a
domestic preference security, if required.
This guarantee will expire (a) if the Bidder is the successful Bidder, upon our receipt of copies of the
Contract Agreement signed by the Bidder and the Performance Security issued to you upon the
instruction of the Bidder; or (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our
receipt of a copy of your notification to the Bidder of the name of the successful Bidder, or (ii) 28 days
after the expiration of the Bidder’s bid.
Consequently, any demand for payment under this guarantee must be received by us at the office on
or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458. 2
. . . . . . . . . . . . [Authorized signature(s) and bank’s seal (where appropriate)] . . . . . . . . . .

1
All italicized text is for use in preparing this form and shall be deleted from the final document.
2
Or 758 as applicable.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-12

Bid-Securing Declaration

(DELETED)

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-13

AFFILIATE COMPANY GUARANTEE

DELETED

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-14

Technical Proposal

Personnel

Equipment

Site Organization

Method Statement

Mobilization Schedule

Construction Schedule

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-15

Personnel

Form PER – 1: Proposed Personnel

Bidder should provide the details of the proposed personnel and their experience record in the relevant
Information Forms below for each candidate:

1. Title of position*

Name

2. Title of position*

Name

3. Title of position*

Name

4. Title of position*

Name

5. Title of position*

Name

6. Title of position*

Name

etc. Title of position*

Name

-- Note --
* As listed in Section 6 (Employer’s Requirements).

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-16

Form PER – 2: Resumé of Proposed Personnel

The Bidder shall provide all the information requested below. Use one form for each position.

Position

Personnel Name Date of birth


information

Professional qualifications

Present Name of employer


employment

Address of employer

Telephone Contact (manager / personnel officer)

Fax E-mail

Job title Years with present employer

Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.

From To Company/Project/Position/Relevant Technical and Management


Experience

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-17

Equipment

Form EQU: Equipment

The Bidder shall provide adequate information and details to demonstrate clearly that it has the capability
to meet the equipment requirements indicated in Section 6 (Employer’s Requirements), using the Forms
below. A separate Form shall be prepared for each item of equipment listed, or for alternative equipment
proposed by the Bidder.

Item of Equipment

Equipment Name of manufacturer Model and power rating


Information

Capacity Year of manufacture

Current Current location


Status

Details of current commitments

Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the Bidder.


Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex

Agreements Details of rental / lease / manufacture agreements specific to the project

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-18

Site Organization

Method Statement

Mobilization Schedule

Construction Schedule

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-19

Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation and
Qualification Criteria) the Bidder shall provide the following information requested in the
corresponding Information Sheets.

Form ELI - 1: Bidder’s Information Sheet

Bidder’s Information

Bidder’s legal name

In case of a Joint Venture,


legal name of each partner

Bidder’s country of
constitution

Bidder’s year of
constitution

Bidder’s legal address in


country of constitution

Bidder’s authorized
representative
(name, address, telephone
number(s), fax number(s), e-
mail address)

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-20

Attached are copies of the following documents.

 1. In case of a single entity, articles of incorporation or constitution of the legal entity named above, in accordance with ITB
4.1 and ITB 4.2.

 2. Affidavit in case of Proprietary firm

 3. Partnership Deed in case of partnership firm.

 4. Authorization to represent the firm or Joint Venture named above, in accordance with ITB 20.2.

 5. In case of a Joint Venture, Joint Venture agreement, in accordance with ITB 4.1.

 6. In case of a government-owned enterprise, any additional documents not covered under 1 above required to comply with
ITB 4.5.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-21

Form ELI - 2: Joint Venture Information Sheet

Each member of the Joint Venture and Specialist Subcontractor must fill out this form separately.
Joint Venture / Specialist Subcontractor Information

Bidder’s legal name

Joint Venture Partner’s or


Specialist Subcontractor’s
legal name

Joint Venture Partner’s or


Specialist Subcontractor’s
country of constitution

Joint Venture Partner’s or


Specialist Subcontractor’s
year of constitution

Joint Venture Partner’s or


Specialist Subcontractor’s
legal address in country of
constitution

Joint Venture Partner’s or


Specialist Subcontractor’s
authorized representative
information
(name, address, telephone
number(s), fax number(s), e-
mail address)
Attached are copies of the following documents.
 1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITB 4.1 and ITB 4.2.
 2. Authorization to represent the firm named above, in accordance with ITB 20.2.
 3. In the case of a government-owned enterprise, documents establishing legal and financial autonomy and compliance with
commercial law, in accordance with ITB 4.5.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-22

Form CON - 1: Historical Contract Nonperformance

Each Bidder must fill out this form in accordance with Criteria 2.2.1 and 2.2.3 of Section 3 (Evaluation and
Qualification Criteria) to describe any history of nonperforming contracts and pending litigation or
arbitration formally commenced against it.

In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name:

Joint Venture Partner: ___________________


Table 1: History of Nonperforming Contracts
Choose one of the following:
 No nonperforming contracts.
 Below is a description of nonperforming contracts involving the Bidder (or each Joint Venture member if Bidder is a Joint
Venture).
Amount of
Non-
performed Total
Year Description
Portion of Contract
Contract (INR Amount (INR
equivalent) equivalent)
[insert year] Contract Identification: [indicate complete contract name/ number, and any [insert amount] [insert amount]
other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for nonperformance: [indicate main reason(s)]

Table 2: Pending Litigation and Arbitration (Stands Deleted)


Choose one of the following:
 No pending litigation and Arbitration.
 Below is a description of all pending litigation and Arbitration involving the Bidder (or each Joint Venture member if Bidder
is a Joint Venture).
Value of
Value of
Pending
Pending Claim
Year Matter in Dispute Claim as a
in INR
Percentage
Equivalent
of Net Worth
[insert year] Contract Identification: [indicate complete contract name/ number, and any [insert amount] [insert amount]
other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Matter of Dispute: [indicate full description of dispute]
Party who initiated the dispute: [indicate “Employer” or “Contractor”]
Status: [indicate status of dispute]

- Note -

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-23

Table 2 of this form shall only be included if Criterion 2.2.3 of Section 3 (Evaluation and Qualification Criteria) is applicable.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-24

Form FIN - 1: Historical Financial Performance


Each Bidder must fill out this form.

In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name:

Joint Venture Partner: ___________________


Financial Data for Previous 5 Years
Year 4: Year 5:
Year 1: Year 2: Year 3:
Information from Balance Sheet
Total Assets (TA)

Total Liabilities (TL)

Net Worth = TA – TL

Current Assets (CA)

Current Liabilities (CL)

Working Capital = CA
– CL

To be obtained for most recent year and carried forward to FIN -


Most Recent
3 Line 1; in case of Joint Ventures, to the corresponding Joint
Working Capital Venture Partner’s FIN – 3.
Information from Income Statement
Total Revenues

Profits Before Taxes

Profits After Taxes

 The contents of this Form should be certified by a Chartered Accountant/Auditor (In case bidder or JV Partner is Indian, the
Form should be certified by generating Unique Document Identification Number (UDIN) as per Gazette Notification No.1-
CA(7)/192/2019 dated 02.08.2019), failing which Employer has right to reject the Bid.

 Attached are copies of financial statements (balance sheets including all related notes and income statements) for the last 05
years, as indicated above, complying with the following conditions:
 Unless otherwise required by Section 3 of the Bidding Document, all such documents reflect the financial situation of the
legal entity or entities comprising the Bidder and not the Bidder’s parent companies, subsidiaries, or affiliates.
 Historical financial statements must be audited by a certified accountant.
 Historical financial statements must be complete, including all notes to the financial statements.
Historical financial statements must correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).

_____________________________________

SEAL AND SIGNATURE OF THE BIDDER

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-25

Certified that all figures and facts submitted in this form have been furnished after full consideration
of all observations/notes in Auditor’s reports.

_____________________
(Signature of CA/Auditor)

Name of CA/Auditor:______________

Registration No: ______________


______________________
(Seal)

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-26

Form FIN - 2: Average Annual Project Turnover

Each Bidder must fill out this form.

The information supplied should be the Annual Project Turnover of the Bidder or each member of a
Joint Venture in terms of the amounts billed to clients for each year for work in progress or completed.

In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name:

Joint Venture Partner: ___________________


Annual Project Turnover Data for the Last 5 Years (Project only)
Amount Exchange Turnover Amount in INR
Year
Currency Rate

Average Annual Project Turnover

Notes:

 The contents of this Form should be certified by a Chartered Accountant/Auditor (In case bidder or JV Partner is Indian, the Form
should be certified by generating Unique Document Identification Number (UDIN) as per Gazette Notification No.1-CA(7)/192/2019
dated 02.08.2019), failing which Employer has right to reject the Bid.

 Attached are copies of financial statements (balance sheets including all related notes and income statements) for the last 05
years, as indicated above complying with the following conditions:
 Unless otherwise required by Section 3 of the Bidding Document, all such documents reflect the financial situation of the legal
entity or entities comprising the Bidder and not the Bidder’s parent companies, subsidiaries, or affiliates.
 Historical financial statements must be audited by a certified accountant.
 Historical financial statements must be complete, including all notes to the financial statements.
 Historical financial statements must correspond to accounting periods already completed and audited (no statements for
partial periods should be requested or accepted).

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-27

_________________________________

SEAL AND SIGNATURE OF THE BIDDER


Certified that all figures and facts submitted in this form have been furnished after full consideration
of all observations/notes in Auditor’s reports.
______________________
(Signature of CA/Auditor)
Name of CA/Auditor:______________
Registration No: ______________
______________________
(Seal)

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-28

Form FIN – 3: Availability of Financial Resources

Bidders must demonstrate sufficient financial resources, comprising of Working Capital supplemented by
credit line statements or overdraft facilities to meet the Bidder’s financial requirements for

(a) its current contract commitments, and


(b) the subject contract.

In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the Joint
Venture Partner’s name:

Joint Venture Partner: ___________________

Financial Resources
No. Source of financing Amount (INR equivalent)

1 Working Capital (to be taken from FIN - 1)

2 a
Credit Line (must be substantiated by FIN - 3A)

Total Available Financial Resources

a To be considered, Credit Line must be substantiated by a letter from the bank issuing the line of credit, specific for the subject
contract, as prescribed in Form FIN-3A. Any letter or document not complying with this requirement shall not be considered as
supplementary financial resources.

_____________________________________

SEAL AND SIGNATURE OF THE BIDDER


Certified that all figures and facts submitted in this form have been furnished after full consideration
of all observations/notes in Auditor’s reports.

______________________
(Signature of CA/Auditor)
Name of CA/Auditor:______________
Registration No: ______________
______________________
(Seal)

Note:

1. The contents of this Form should be certified by a Chartered Accountant/Auditor (In case bidder or JV Partner is Indian, the
Form should be certified by generating Unique Document Identification Number (UDIN) as per Gazette Notification No.1-
CA(7)/192/2019 dated 02.08.2019), failing which Employer has right to reject the Bid.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-29

Form FIN – 3A: Evidence of Availability of Credit Line Financial Resources

[Each Bidder must fill out this form to demonstrate financial resources comprising credit line statements or overdraft facilities, as stated
in form FIN-3.]

Project Name:

Bidding Package Name and Identification Number: …… (to be filled in as indicated in ITB 1.1) …

BANK CERTIFICATE

This is to certify that M/s ...................... is a reputed company with a good financial standing.

If the contract for the work, namely...................... is awarded to the above firm, we shall be able to provide
overdraft / credit facilities to the extent of Rs ...................... to meet their working capital requirements for
executing the above contract.

___Sd.___
Name of Bank: __________
Senior Bank Manager_____________
Address of the Bank_______________

[In case of Joint Venture, change the text as follows:]

This is to certify that M/s ...................... who has formed a Joint Venture with M/s ...................... and M/s
...................... for participating in this bid, is a reputed company with a good financial standing.

If the contract for the work, namely...................... is awarded to the above joint venture, we shall be able to
provide overdraft / credit facilities to the extent of Rs...................... to M/s ...................... to meet their working
capital requirements for executing the above contract.

* Value to be calculated from 28 days prior to the Bid submission deadline.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-30

Form FIN- 4: Financial Requirements for Current Contract Commitments

Bidders (or each Joint Venture partner) should provide information on their current commitments on all
contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for
contracts approaching completion, but for which an unqualified, full completion certificate has yet to be
issued.

In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the Joint
Venture Partner’s name:

Joint Venture Partner: ___________________

Current Contract Commitments


Employer’s Outstanding Remaining
Contract Monthly Financial Resources
No Name of Contact Completion
Contract Contract
Value Period in Requirement
. Contract (Address, Tel,
Date (X / Y)
Fax) (X) a months (Y) b

Total Monthly Financial Requirement for Current Contract Commitments .................

a Remaining outstanding contract values to be calculated from 28 days prior to the bid submission deadline (In case the value of
contract is in a currency other than Indian Rupees, the value of contract in foreign currency shall be converted into equivalent
Indian Rupees with the exchange rates as defined in clause ITB 15.4 of Section 2 BDS as on 28 days prior to the latest
deadline for submission of bid.).

b Remaining contract period to be calculated from 28 days prior to bid submission deadline.

Note:

1. Enclose Certificate(s) from Engineer(s) in-charge (not below the rank of Executive Engineer) for Value
of outstanding work. In case it is not feasible to furnish certificate from all the units the bidder should
record the following certificate on Fin 4:

"Certified that current commitments on all the contracts that have been awarded or for which a letter of
intent or acceptance has been received or for the works in progress or the works approaching
completion, value of outstanding work has been indicated in the above table correctly. It is further
certified that if later on the employer discovers that information provided in the table is incorrect then
the employer may treat our bid invalid and it may be liable for rejection"

2. The above information shall also be certified by Chartered Accountant/Company Auditor, in original,
under his/her signature, stamp and membership number. (In case bidder or JV Partner is Indian, the Form
should be certified by generating Unique Document Identification Number (UDIN) as per Gazette Notification No.1-
CA(7)/192/2019 dated 02.08.2019), failing which Employer has right to reject the Bid.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-31

3. In case the value of contract is in a currency other than Indian Rupees, the value of contract in foreign
currency shall be converted into equivalent Indian Rupees with the exchange rates as defined in the
Section-3 , EQC.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-32

Form FIN - 5: Self-Assessment Tool for Bidder’s Compliance to Financial Resources


(Criterion 2.3.3 of Section 3)
This form requires the same information submitted in Forms FIN - 3 and FIN - 4. All conditions of
“Available Financial Resources Net of CCC ≥ Requirement for the Subject Contract” must be
satisfied to qualify.
Form FIN - 5A: For Single Entities
Results:
Total Available Total Monthly Financial Yes or No
Financial Requirement for Current Available Financial Requirement [D must be
For Single Resources from Contract Commitments Resources Net for the Subject greater than or
Entities: FIN – 3 (CCC) from FIN – 4 of CCC Contract equal to E]
(A) (B) (C) D = (B - C) (E) (F)

_________ ...........
(Name of Bidder)

Form FIN - 5B: For Joint Ventures


Total Available Total Monthly Financial Available Results:
Financial Requirement for Current Financial Requirement Yes or No
For Joint Resources Contract Commitments Resources Net for the Subject [D must be greater
Ventures: from FIN – 3 (CCC) from FIN – 4 of CCC Contract than or equal to E]
(A) (B) (C) D = (B - C) (E) (F)
One Partner:

____________ ...........
(Name of Partner)

Each Partner:

_____________ ...........
(Name of Partner 1)

_____________ ...........
(Name of Partner 2)

_____________ ...........
(Name of Partner 3)

All partners ∑ D = Sum of available financial resources net of ∑ D = _______ ...........


combined current contract commitments for all partners

Note
Form FIN – 5 is made available for use by the bidder as a self-assessment tool, and by the employer as an evaluation work sheet, to
determine compliance with the financial resources requirement as stated in 2.3.3. Failure to submit Form FIN - 5 by the Bidder shall
not lead to bid rejection.
__________________________
_______

SEAL AND SIGNATURE OF THE BIDDER

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-33

Certified that all figures and facts submitted in this form have been furnished after full consideration of all
observations/notes in Auditor’s reports.
______________________
(Signature of CA/Auditor)
Name of CA/Auditor:______________
Registration No: ______________
(Seal)
Note:

2. The contents of this Form should be certified by a Chartered Accountant/Auditor (In case bidder or JV Partner is Indian, the
Form should be certified by generating Unique Document Identification Number (UDIN) as per Gazette Notification No.1-
CA(7)/192/2019 dated 02.08.2019), failing which Employer has right to reject the Bid.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-34

Form EXP – 1: Contracts of Similar Size and Nature

Fill out one (1) form per contract.

The exchange rate to be used to calculate the value of the contract for conversion to a specific
currency shall be as per Para 6, Notes of EQC.

Contract of Similar Size and Nature


Contract No . . . . . .
Contract Identification
of . . . . .

Award Date Completion Date

Total Contract INR


Amount

If partner in a Joint
Venture or
Subcontractor, specify Percent of Total Amount
participation of total
contract amount

Employer’s name
Address
Telephone number
Fax number
E-mail

Description of the Similarity in Accordance with Criterion 2.4.1 of Section 3 (Evaluation


and Qualification Criteria)

Notes:

1. The bidder shall attach a copy of the Certificate(s) issued by the employer in support of the information
being furnished in each EXP-1 Form, failing which the claim of the bidder shall be liable to be rejected

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-35

(in case of experience as a sub-contractor, the employer shall be the owner of the Project who has
engaged the main Contractor).

2. The experience certificate issued by the Engineer acting on behalf of the employer (owner of the
project) shall also be considered provided the documentary evidence establishing the appointment of
the said Engineer by the owner of the project shall also be required to be submitted with the bid.

3. As an alternative to the stipulated at 1 & 2 above, in case of DBFOT/BOT/BOOT projects which


are awarded by an owner to a concessionaire, a certificate from the concessionaire
certifying the experience of the bidder (Construction contractor) in execution of the
work to whom the execution work is subsequently awarded by the same concessionaire, can be
considered as proof execution of said work by the bidder. However, such certificate will need
to be countersigned by:

a) The owner of the Project who has granted the concession to the concessionaire, clearly indicating
the name, designation and official address of the signing authority.

Or

b) An Engineer appointed by the owner of the project who has granted the concession clearly indicating
the name, designation and official address of the signing authority. The document(s) establishing the
appointment of the said Engineer by the owner of the project shall also be required to be
submitted with the bid.

4. As an alternate to the stipulation at 1,2 & 3 above alternatively, the following notarized
set of documents from the Bidder can be considered to be proof of execution of the said
work by the Bidder subject to:

a) Completion Certificate issued by the Concessionaire / Contractor duly certified by Statutory Auditor /
Chartered Accountant of the bidder (In case bidder or JV Partner is Indian, the Completion Certificate
should be certified by generating Unique Document Identification Number (UDIN) as per Gazette
Notification No.1-CA(7)/192/2019 dated 02.08.2019) clearly indicating following shall also be
considered:

i. The subsequent award of the work to the bidder by the concessionaire/ Contractor, as the case may
be

Name of work, name of owner/employer, reference of contract agreement number,

ii. Period of execution (from date of start of work- date of completion)

iii. Project details as per eligibility Qualification criteria.

iv. Construction cost as per Concession agreement

v. Actual Construction cost

vi. Quantities of major items of work fulfilling the eligibility criteria, if any

vii. A clear averment to the effect that whether the work was completed/ Taken Over or substantially
completed.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-36

b) In case the option of this Para 4 is exercised by the bidder, then a documentary evidence establishing the
identity of the concessionaire/ contractor by the Employer (owner of the project) shall also be required to
be submitted with the bid

5. The documentation/ information produced/ furnished by the bidder shall be subject to


verification by the Employer at any stage during the bidding process or during the
contract execution. In case of incorrect certification/ information furnished by any
bidder, being noticed during such verification, the employer reserves the right to
disqualify or take suitable action as per the extant contractual provisions, as the case
may be against such bidder.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-37

Form EXP - 2: Construction Experience in Key Activities

Fill out one (1) form per contract.

Each Bidder must fill out this form.

If complied by Specialist Subcontractor, each Specialist Subcontractor must fill out this form and provide
the Specialist Subcontractor’s name:

Specialist Subcontractor: ___________________

Contract with Similar Key Activities

Contract No . . . . . . of . . . . . Contract Identification

Award Date Completion Date

Total Contract Amount INR

If partner in a Joint Venture


or Subcontractor, specify
Percent of Total Amount
participation of total
contract amount

Employer’s name
Address
Telephone number
Fax number
E-mail

Description of the Key Activities in Accordance with Criterion 2.4.2 of Section 3 (Evaluation and
Qualification Criteria)

Notes:

1. The bidder shall attach a copy of the Certificate(s) issued by the employer in support of the information
being furnished in each EXP-2 Form, failing which the claim of the bidder shall be liable to be rejected

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-38

(in case of experience as a sub-contractor, the employer shall be the owner of the Project who has
engaged the main Contractor).

2. The experience certificate issued by the Engineer acting on behalf of the employer (owner of the
project) shall also be considered provided the documentary evidence establishing the appointment of
the said Engineer by the owner of the project shall also be required to be submitted with the bid.

3. As an alternative to the stipulated at 1 & 2 above, in case of DBFOT/BOT/BOOT projects which


are awarded by an owner to a concessionaire, a certificate from the concessionaire
certifying the experience of the bidder (Construction contractor) in execution of the
work to whom the execution work is subsequently awarded by the same concessionaire, can be
considered as proof execution of said work by the bidder. However, such certificate will need
to be countersigned by:

a) The owner of the Project who has granted the concession to the concessionaire, clearly indicating
the name, designation and official address of the signing authority.

Or

b) An Engineer appointed by the owner of the project who has granted the concession clearly indicating
the name, designation and official address of the signing authority. The document(s) establishing the
appointment of the said Engineer by the owner of the project shall also be required to be
submitted with the bid.

4. As an alternate to the stipulation at 1,2 & 3 above alternatively, the following notarized
set of documents from the Bidder can be considered to be proof of execution of the said
work by the Bidder subject to:

a) Completion Certificate issued by the Concessionaire / Contractor duly certified by Statutory Auditor /
Chartered Accountant of the bidder (In case bidder or JV Partner is Indian, the Completion Certificate
should be certified by generating Unique Document Identification Number (UDIN) as per Gazette
Notification No.1-CA(7)/192/2019 dated 02.08.2019) clearly indicating following shall also be
considered:

i. The subsequent award of the work to the bidder by the concessionaire/ Contractor, as the case may
be

Name of work, name of owner/employer, reference of contract agreement number,

ii. Period of execution (from date of start of work- date of completion)

iii. Project details as per eligibility Qualification criteria.

iv. Construction cost as per Concession agreement

v. Actual Construction cost

vi. Quantities of major items of work fulfilling the eligibility criteria, if any

vii. A clear averment to the effect that whether the work was completed/ Taken Over or substantially
completed.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-39

b) In case the option of this Para 4 is exercised by the bidder, then a documentary evidence establishing
the identity of the concessionaire/ contractor by the Employer (owner of the project) shall also be
required to be submitted with the bid

5. The documentation/ information produced/ furnished by the bidder shall be subject to verification by
the Employer at any stage during the bidding process or during the contract execution. In case of
incorrect certification/ information furnished by any bidder, being noticed during such verification, the
employer reserves the right to disqualify or take suitable action as per the extant contractual provisions,
as the case may be against such bidder.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-40

Schedules

Schedule of Payment Currencies

Please refer Financial Bids of


DM/CN/COR-OF/119 Lot-P12B L1
&
DM/CN/COR-OF/120 Lot-P12B L2

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-41

Tables of Adjustment Data

The indices and weightings shall be taken for this purpose as provided in the PCC 13.8.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-42

Bill of Quantities

(Please refer Financial Bid of LOT-P12B L1 & LOT-P12B L2)

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-43

Form ELI-3 – Joint Venture Agreement


[Ref ITB Clause 4.1]

The Partners of the Joint Venture shall provide Joint Venture Agreement for Joint Venture
Participation in the name of M/s-----of which includes at least the followings: -

M/s_____________ having its registered office at ______________ (hereinafter referred to as) is


the Lead Partner of the Joint Venture and acting as the authorized representative of the Joint
Venture on first part; and

M/s_____________ having its registered office at ______________ (hereinafter referred to as


‘_________________’) in the capacity of a Joint Partner of the Joint Venture on the other part; and

M/s_____________ having its registered office at ______________ (hereinafter referred to as


‘_________________’) in the capacity of a Joint Partner of the Joint Venture on the other part; and

The expressions of _____________________ and _______________________ and


_____________________ shall wherever the context admits, mean and include their respective
legal representatives, successor interest and assigns and shall collectively be referred to as “the
Partners” and individually as “the Bidder”

WHEREAS:
National Capital Region Transport Corporation (NCRTC) [hereinafter referred to as “Employer”]
has invited bids for ________________ “[Insert name of work]”

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:


1. The following documents shall be deemed to form and be read and construed as an integral
part of this JV agreement.
a) Invitation for bid;
b) Bidding Documents issued by the Employer
c) Any Addendum/Corrigendum to the Bidding Documents issued by the Employer
d) The Bid submitted on our behalf jointly by the Authorized Representative from the
Lead Partners in the name of “____________” JV.
2. DELETED

3. Mr./Ms.___________________, authorized representative of the Lead Partner and whose


details are provided as under, shall be the Authorized Representative of the Joint Venture
for all intents and purpose. He / She shall have the authority to conduct all business for and
on behalf of any and all the Partners of JV during the bidding process and in the event the
JV is awarded the Contract, during Contract execution.

Name, Designation, Address Tel/Fax no Email ID


DM/CN/COR-OF/119 & 120 NCRTC
Package-12B
Section 4: Bidding Forms 4-44

4. We undertake that
a) The Lead Partner of our JV ------------ (Name of the Lead Partner) shall have the
majority share amongst the other partners of the JV.
b) The distribution of responsibilities in execution of Work and the percentage
participation amongst various Partners of the JV for the subject work shall be as
under:
Sl. Name of the Role (Lead Distribution of % Participation
No. Partner Partner / Partner) Responsibilities in
execution of the
Work

5. JOINT AND SEVERAL RESPONSIBILITY


The partners undertake that they shall be jointly and severally liable to the Employer in the
discharge of all the obligations and liabilities as per the contract with the Employer and for
the performance of contract awarded to their JV.

In case one partner fails or delays to perform its obligations either partially or totally, it shall
be responsible for all the out comings concerned, and upon such conditions the other
partners shall be obliged to take measures to perform well all the obligations under the
contract with the Employer.

The JV agreement shall indicate precisely the role of all members of the JV in respect of
planning, design, construction equipment, key personnel, work execution, and financing of
the project. The authority to sign the agreement shall be evidenced by approval legal
instruments.

6. ASSIGNMENT AND THIRD PARTIES


The partners shall cooperate throughout the entire period of this Joint Venture Agreement
on the basis of exclusively and neither of the Partners shall make arrangement or enter into
agreement either directly or indirectly with any other bidder or group of bidders on matters
relating to the Work except with prior written consent of the other bidder.

7. EXECUTIVE AUTHORITY
The said Joint Venture through its Authorized Representative (as specified above) shall
receive instructions, from the Employer. The management structure for the work shall be
prepared by mutual consultations to enable completion of the Work to quality requirements
within accepted cost and schedule completion time.
8. GUARANTEES
Till the award of the work, all the Bank Guarantees to the Employer shall be furnished in
compliance to clause 19.8 of ITB.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-45

9. DOCUMENTS & CONFIDENTIALLY


Each partner shall maintain in confidence and not use for any purpose other than those
related to the Project all commercial and technical information received or generated in the
course of preparation and submission of the Bid.

10. ARBITATION
Any dispute, controversy or claim arising out of or relating to this agreement shall be settled
in the first instance amicably between the bidders. If an amicable settlement cannot be
reached as above, it will be settled by ---------------------------------------------------- [Bidder to
specify]

11. VALIDITY
This Agreement shall remain in force till the occurrence of the earliest to occur of the
following, unless by mutual consent, the Partners agree in writing to extend the validity for a
further period.
a) The bid submitted by the Joint Venture is declared unsuccessful, or
b) Cancellation/ shelving of the project by the employer for any reasons prior to award
of Work
c) Execution of detailed JV agreement by the Partners, setting out detailed terms after
award of work by the Employer, substantially covering the requirements as
mentioned in Bidding Documents.
12. This Joint Venture shall be constructed under the laws of India.
13. NOTICES
The names, addresses and fax number of Authorized Representative of the other Partners
of the Joint Venture to which notices may be given in writing by fax confirmed by registered
mail or commercial courier shall be as under:
a) ________[Name], _________[Designation] ________[Address] ________[Ph. No.,
Fax No., Email ID]
b) ________[Name], _________[Designation] ________[Address] ________[Ph. No.,
Fax No., Email ID]
c) ________[Name], _________[Designation] ________[Address] ________[Ph. No., Fax
No., Email ID](For Bidders in India to be executed on non-judicial Stamp paper of
appropriate value. For Bidders from outside India, to be executed according to the
applicable laws in the Bidder’s country and by taking into account the Note shown below.)

Note:
1. In case of existing Joint Venture, the certified copy of JV Agreement may be furnished.

Signature) (Signature) (Signature)


………………… ………………….. ……………..
(Name in Block letters of all Executants with Seal of Company)
WITNESS 1.
WITNESS 2.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-46

Form ELI-4: Power of Attorney (POA) for Submitting Bid

(For Single Entity/Sole Bidder only)


Know all men by these presents, we ……………………………………. (name and address of the
registered office) do hereby constitute, appoint and authorise
Mr./Ms……………………………..…………..(name and residential address) who is presently
employed with us and holding the position of ………………………….as our attorney, to do in our
name and on our behalf, all such acts, deeds and things necessary in connection with or incidental
to our bid for the Project, including signing and submission of all documents and providing
information/responses to NCRTC, representing us in all matters before NCRTC, and generally
dealing with NCRTC in all matters in connection with our Bid for the Project.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to
this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall
always be deemed to have been done by us.

…………………………………. (Signature)
(Name, Title and address) of the Person Accepting the POA.
…………………………………. (Signature)
(Name, Title and address) of the Person issuing the POA.
Note:
(i) The bidder should submit the notarized Power of Attorney. In case of Foreign Partners, Power of
Attorney(s) and Board Resolution, constitution of the legal entity, articles of incorporation or other
valid legal instruments acceptable to the Purchaser confirming authority on the persons issuing the
Power of Attorney for such actions shall be submitted duly notarized by the notary public of country of
origin and should be either stamped by Embassy/High Commission or Partner Countries of Hague
convention may submit these document with “Apostille” stamp. Also in case the documents are in
foreign language the translation of the same shall be authenticated by Embassy/High Commission.

(ii) 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.

(iii) The bidder should submit following additional document in support of the POA as case to case basis:

a) In case of Private/Public Companies, a Power of Attorney (POA) from the legal representative
of the company who has been authorized by the Board Resolution, constitution of the legal
entity, articles of incorporation or other valid legal instruments acceptable to the Employer. Copy
of Board Resolution shall also be submitted, where applicable.

b) Proprietorship Affidavit in case of Proprietary bidder.

c) Partnership deed in case of partnership bidder.

d) In case of Limited Liability partnership (LLP), a POA from the legal representative of the
company who has been authorized by the Board Resolution, constitution of the legal entity,
articles of incorporation or other valid legal instruments acceptable to the Employer. Copy of
Board Resolution shall also be submitted, where applicable.

e) Memorandum & Article of Association in case of a Public/Private limited company.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-47

Form: ELI-5

POWER OF ATTORNEY FOR AUTHORISED SIGNATORY


OF JOINT VENTURE (JV) PARTNERS
POWER OF ATTORNEY*
(To be executed on non-judicial stamp paper of the appropriate value in accordance with
relevant stamp Act. The stamp paper to be in the name of the company who is issuing the
power of Attorney)

Know all men by these presents, we…..… do hereby constitute, appoint and authorize Mr./Ms. ….
who is presently employed with us and holding the position of ……as our attorney, to do in our
name and on our behalf, all such acts, deeds and things necessary in connection with or incidental
to our bid for the work of …Including signing and submission of all documents, withdrawal,
substitution and modification of bid and providing information/responses to National Capital Region
Transport Corporation Ltd., representing us in all matters, dealing with National Capital Region
Transport Corporation Ltd. in all matters in connection with our bid for the said project.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to
this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and
shall always be deemed to have been done by us.

Dated this the ……… day of …………. 20..

(Signature of authorized Signatory)

………………………………………
(Signature and Name in Block letters of Signatory)
Seal of Company

Witness

Witness 1: Witness 2:
Name: Name:
Address: Address:
Occupation: Occupation:

*Notes:
(i) The bidder should submit the notarized Power of Attorney. In case of Foreign Partners, Power of
Attorney(s) and Board Resolution, constitution of the legal entity, articles of incorporation or other valid
legal instruments acceptable to the Employer confirming authority on the persons issuing the Power of
Attorney for such actions shall be submitted duly notarized by the notary public of country of origin and
should be either stamped by Embassy/High Commission or Partner Countries of Hague convention may
submit these document with “Apostille” stamp. Also in case the documents are in foreign language the
translation of the same shall be authenticated by Embassy/High Commission.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-48

(ii) 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.

(iii) The bidder should submit following additional document in support of the POA as case to case basis:

a) In case of Private/Public Companies, a Power of Attorney (POA) from the legal representative of
the company who has been authorized by the Board Resolution, constitution of the legal entity,
articles of incorporation or other valid legal instruments acceptable to the Employer. Copy of Board
Resolution shall also be submitted, where applicable.

b) Proprietorship Affidavit in case of Proprietary bidder.

c) Partnership deed in case of partnership bidder.

d) In case of Limited Liability partnership (LLP), a POA from the legal representative of the company
who has been authorized by the Board Resolution, constitution of the legal entity, articles of
incorporation or other valid legal instruments acceptable to the Employer. Copy of Board Resolution
shall also be submitted, where applicable.

e) Memorandum & Article of Association in case of a Public/Private limited company.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-49

Form: ELI-6

POWER OF ATTORNEY TO
LEAD PARTNER AND AUTHORISED REPRESENTATIVE
OF JOINT VENTURE (JV)
(To be executed on non-judicial stamp paper of the appropriate value in accordance with
relevant stamp Act. The stamp paper to be in the name of the company who is issuing the
power of Attorney)

POWER OF ATTORNEY1

Whereas National Capital Region Transport Corporation Ltd. limited has invited Bids for the work of

Whereas, the partners of the Joint Venture comprising of M/s. …, M/s. ……, and M/s. …. are
interested in submission of bid for the work of …[Insert name of work]… in accordance with the
terms and conditions contained in the bidding documents.

Whereas, it is necessary for the partners of the Joint Venture to designate one of them as the Lead
Partner as the authorized representative, with all necessary power and authority to do, for and on
behalf of the Joint Venture, all acts, deeds and things as may be necessary in connection with the
Joint Ventures bid for the project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT:

We, M/s. ……………… (Lead Partner), M/s__________,……… and M/s_________ hereby


designate M/s. ………………………………, being one of the partners of the Joint Venture, as the
lead partner of the Joint Venture and designate Mr./Ms. ___________ being authorized
representative of the Joint Venture, to do on behalf of the Joint Venture, all or any of the acts,
deeds or things necessary or incidental to the Joint Venture's bid for the contract, including
submission of bid, withdrawal, substitution and modification of bid, participating in conferences,
responding to queries, submission of information/ documents and generally to represent the Joint
Venture in all its dealings with the Railway or any other Government Agency or any person, in
connection with the contract for the said work until culmination of the process of bidding till the
contract agreement is entered into with the National Capital Region Transport Corporation Ltd.
Corporation and thereafter till the expiry of the contract agreement.

We hereby agree to ratify all acts, deeds and things lawfully done by lead partner, our said
attorney, pursuant to this power of attorney and that all acts deeds and things done by our
aforesaid attorney shall and shall always be deemed to have been done by us/ Joint
Venture.

Dated this the ………… Day of ……….. 20..…………………….

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-50

(Signature) (Signature) (Signature)


………………… ………………….. ……………..
(Name in Block letters of all Executants with Seal of Company)

Witness 1: Witness 2:
Name: Name:
Address: Address:
Occupation: Occupation:

Notes:

(i) The bidder should submit the notarized Power of Attorney. In case of Foreign Partners, Power of
Attorney(s) and Board Resolution, constitution of the legal entity, articles of incorporation or other
valid legal instruments acceptable to the Employer confirming authority on the persons issuing the
Power of Attorney for such actions shall be submitted duly notarized by the notary public of country
of origin and should be either stamped by Embassy/High Commission or Partner Countries of Hague
convention may submit these document with “Apostille” stamp. Also, in case the documents are in
foreign language the translation of the same shall be authenticated by Embassy/High Commission.

(ii) 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.

(iii) The bidder should submit following additional document in support of the POA as case to case basis:

a) In case of Private/Public Companies, a Power of Attorney (POA) from the legal representative of
the company who has been authorized by the Board Resolution, constitution of the legal entity,
articles of incorporation or other valid legal instruments acceptable to the Employer. Copy of Board
Resolution shall also be submitted, where applicable.

b) Proprietorship Affidavit in case of Proprietary bidder.

c) Partnership deed in case of partnership bidder.

d) In case of Limited Liability partnership (LLP), a POA from the legal representative of the company
who has been authorized by the Board Resolution, constitution of the legal entity, articles of
incorporation or other valid legal instruments acceptable to the Employer. Copy of Board
Resolution shall also be submitted, where applicable.

e) Memorandum & Article of Association in case of a Public/Private limited company.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-51

FORM PQ-1
STANDARD FORMAT FOR PRE-BID QUERIES

Contract No. and Name of the Work:

Name of Bidder:

S.No. Relevant Relevant Queries Replies


Section/Clause Page No. of (To be filled by
No. and bid document NCRTC)
complete
description of
clause

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-52

FORM PQ-2
UNDERTAKING FOR ENCASHMENT/FORFEITURE OF BID SECURITY
(Refer Clause 19.8 of ITB)

We,…………………………………………………………………(Legal Name of JV) hereby


confirm that Bid Security submitted in the form of bank Guarantee for the contract
……………………(Contract No) in the name of ……………(name of the partner on whose
name Bid Security is submitted) is on behalf of ……………………….(Legal Name of the
JV).

We also undertake that in the event of encashment/forfeiture of Bid Security by the


Employer in terms of bid provisions, none of the constituents partners of
……………………………(Legal Name of JV) will have any objection for the same.

Signature of Authorized Signatory of Bidder with Seal

Note:

1. The undertaking is to be submitted in case the bid security (in form of bank
Guarantee) is submitted in the name of any Partner of JV.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-53

FORM-UT

UNDERTAKING FOR DOWNLOADED BID DOCUMENT

We here by confirm that, we have downloaded / read the complete set of bid documents
/addendum/corrigendum/clarifications along with the set of enclosures hosted on e-bidding portal as
mentioned in bidding document. We confirm that we have gone through the bid documents, addendums and
clarifications for this work placed up to the date of opening of bids on e-bidding portal. We confirm our
unconditional acceptance for the same and have considered for these in the submission of our technical and
financial bid.

Signature of Authorized Signatory of Bidder with Seal

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-54

FORM CL-1

CHECK LIST OF THE DOCUMENTS TO BE SUBMITTED

Mode of Bid: Open E-Bid in Two Bid System

Bid No. :

Name of Work:

Name of the Bidder.:

Submitted
Reference Page No.
Sl. No. Item in the Technical
Yes No Submittal

A. CHECK SHEET FOR e-TECHNICAL SUBMISSION


1. Bid Cost
Is Bid Cost of requisite amount submitted in separate sealed
1.1 N.A. N.A. N.A.
envelope?

1.2 Mode of Bid Cost (Please tick the appropriate category) : N.A.

(i) Demand Draft (DD):

(iii) Seeking Exemption:

(a) Demand Draft (DD) No. : N.A.

(b) Date of issuing of DD: N.A.

(c) Amount of DD: N.A.

(d) Name & Address of issuing Bank: N.A.

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-55

2. Bid security (Bid Security)

Is Bid Security of requisite amount submitted in separate sealed


2.1 N.A.
envelope?
Mode of Submitting Bid Security (Please tick the appropriate category) :
(a)
(i) Demand Draft (DD):

(ii) Bank Guarantee (BG):

iii) Banker’s Cheque:

(iv) Seeking Exemption:

(b) Banker’s Cheque/Demand Draft/ Bank Guarantee No. (Banker’s Cheque/DD/BG) No. :

(c) Date of issuing of Banker’s Cheque/DD/BG:

(d) In case of BG, validity date:

(e) Amount of Banker’s Cheque/DD/BG:

(f) Name & Address of issuing Bank:

3. NOTARISED POWER OF ATTORNEY and Other SUPPORTING DOCUMENTS

Copy of Notarised POA/authorization in favour of authorized


3.1
signatory of bid documents.
Board Resolution (in case of Private/Public Limited
3.2
Company/LLP)
Incorporation Certificate and Memorandum and Articles of
3.3 Association (MOA & AOA)
(in case of Private/Public Limited Company)
Incorporation Certificate and Limited Liability Partnership
3.4
Agreement in case of Limited Liability Partnership firms.
Proprietorship Affidavit (in case the bidder is Proprietorship
3.5
Bidder)

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-56

3.6 Partnership deed (in case the bidder is Partnership Bidder)

In case of JV, Notarised POA by each partner in their authorized


3.7
signatory.
In case of foreign bidder, the Notarised POA/MOU/JV Agreement
3.8 is notarised in the country of origin and stamped by Indian
Embassy/High Commission.

4. DOCUMENTS REQUIRED AS PER BID

4.1 Letter of Technical Bid

4.2 Bid Security

4.3 Affiliate Company Guarantee

4.4 Form PER-1 : Proposed Personnel

4.5 Form PER-2 : Resume of Proposed Personnel

4.6 Equipment

4.7 Site Organization

4.8 Method Statement

4.9 Mobilization Schedule


4.10 Construction Schedule
4.11 Form ELI-1 : Bidder’s Information Sheet
Form ELI-2 : Joint Venture / Specialist Contractor Information
4.12
Sheet
4.13 Form ELI-3 : Joint Venture Agreement
4.14 Form ELI-4 : Power of Attorney (POA) Single Entity
Form ELI-5: Format for Power of Attorney for Authorized
4.15 Signatory of Joint Venture (JV Partners)

Form ELI- 6: Format for Power of Attorney to Lead Partner and


4.16 Authorized Representative of Joint Venture (JV)

4.17 Form CON-1 : Historical Contract Non Performance

4.18 Form FIN-1: Historical Financial Performance

4.19 Form FIN-2- Average Annual Project Turnover

4.20 Form FIN-3- Availability of Financial Resources


Form FIN-4- Financial Requirements for Current Contract
4.21
Commitments
Form FIN-5- Self – Assessment Tool for Bidder’s Compliance to
4.22
Financial Resources.
4.23 Form EXP-1- Contracts of Similar Size and Nature

4.24 Form EXP-2- Project Experience in Key Activities

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-57

4.25 Schedule of Payment Currencies

4.26 Form PQ-1 : Standard Format for Pre Bid queries


Form PQ-2 : Undertaking for Encashment/Forfeiture of Bid
4.27
Security

4.28 Form UT : Undertaking for downloaded bid document

4.29 Form CL-1 : Checklist for Technical Submission

4.30 Form CL-2 : Undertaking from sub-contractor.

5. ADDITIONAL REQUIREMENT
5.1 PAN No.

5.2
GST registration number

B. CHECK SHEET FOR FINANCIAL SUBMISSION

The financial bid is provided in the bid documents in the form of MS-EXCEL file. The rates/
percentage shall be quoted in the MS-EXCEL file provided in the bid documents. The bidder shall
1. download the MS-EXCEL file and after quoting their rates/percentage upload the same
accordingly. The rates/ percentage shall not be offered/quoted elsewhere in the technical
submission/ bid submission. These prices should include all costs associated with the contract
except GST. The bidder shall complete the Financial Bid in accordance with the instructions
given in the Financial Bid.

Note:
(i) The check list is indicative and not exhaustive. The bidder must go through the complete bid
documents and submit the required document accordingly.
(ii) If any of the above form or criteria is not applicable to the bidder, then they can simply indicate
N.A. against the relevant column.

I hereby confirm that:

(i) I have checked the above list with our submittal. I am also aware that if our bid is not containing the
above documents, the Employer has the right to reject our bid.

(ii) All the pages of bid submission are properly index and numbered.

Seal:
Date:

(Signature of Authorised representative of bidder)

DM/CN/COR-OF/119 & 120 NCRTC


Package-12B
Section 4: Bidding Forms 4-58

FORM CL-2
UNDERTAKING FROM SPECIALIST SUB-CONTRACTOR
(Refer Clause 2.4.2 of EQC)
(On the Letterhead of specialist sub-contractor)

I/We,…………………………………………………………………(Legal Name of Specialist


Subcontractor) hereby confirm that we are associating with ………….(Legal name of the
bidder) for the work of ………………………………...(Name of work as stated in Invitation
for Bids {IFB}), for the key activity stated in clause 2.4.2 (A) and/or 2.4.2 (B) of EQC.

I/We,…………………………………………………………………(Legal Name of Specialist


Subcontractor) hereby confirm that I/We fulfil the criteria mentioned in clause 2.4.2 (A)
and/or 2.4.2 (B) of EQC. The Copy of the certificate issued by the Employer in support of
fulfilment of criteria mentioned in clause 2.4.2 (A) and/or 2.4.2 (B) of EQC is enclosed.

I/We hereby undertake that in case M/s……………………(Legal name of the bidder) are
awarded the work of ………………………………...(Name of work as stated in Invitation for
Bids {IFB}),the key activity stated in clause 2.4.2 (A) and/or 2.4.2 (B) of EQC shall be
undertaken by us as per bid conditions.

STAMP & SIGNATURE OF AUTHORISED


SIGNATORY OF SPECIALIST SUB CONTRACTOR

STAMP & SIGNATURE OF AUTHORISED


SIGNATORY OF BIDDER

DM/CN/COR-OF/119 & 120 NCRTC

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