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Procurment of Epc Contract: Bidding Process

1) The document outlines the bidding process for the procurement of an EPC contract. It provides details on the bidding schedule, bid validity, bid security amount, and process for selecting the lowest bidder. 2) The instructions to bidders section specifies rules for bid submissions including the number of bids one can submit, requirements for international bidders, and format for technical and financial bids. It also describes eligibility criteria relating to blacklisting, performance history, and bid capacity for single bidders or joint ventures. 3) Evaluation of bids will consider the bidders' bid capacity, technical capacity based on past project experience, and financial capacity including net worth and annual turnover. Formulas are

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Muani Hmar
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0% found this document useful (0 votes)
238 views15 pages

Procurment of Epc Contract: Bidding Process

1) The document outlines the bidding process for the procurement of an EPC contract. It provides details on the bidding schedule, bid validity, bid security amount, and process for selecting the lowest bidder. 2) The instructions to bidders section specifies rules for bid submissions including the number of bids one can submit, requirements for international bidders, and format for technical and financial bids. It also describes eligibility criteria relating to blacklisting, performance history, and bid capacity for single bidders or joint ventures. 3) Evaluation of bids will consider the bidders' bid capacity, technical capacity based on past project experience, and financial capacity including net worth and annual turnover. Formulas are

Uploaded by

Muani Hmar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 15

18‐06‐2019

BIDDING PROCESS
1.3 Schedule of Bidding Process‐
Days
Event
Invitation of RFP (NIT) X

PROCURMENT OF EPC CONTRACT Date of start of sale of tender 
document
x

date of close of tender  x+45
document (through on line)
last date for receipt of queries x+25
SC Jindal 
Former E‐in C Hr PWD (B&R) &CGM NHAI pre bid meeting x+25
(Director Technical‐AECOM) authority response  X+30
date of submission on line  x+45     ( 11 AM)
date of submission of  hard  x+45  (11 AM)
copy (Bid security ,POA etc)

1 3

BIDDING PROCESS SECTION‐2: INSTRUCTION TO BIDDERS

1.2.2 Bid Validity ‐ 120 days from Bid due date. 2.1.1 No bidder more than one Bid. Any bidder individual
1.2.4 Bid Security ‐ 1% of Estimated Project Cost or as a member of JV shall not be entitled to submit
Validity not less than180 days from  another bid individually or member of any JV.
Bid due date
2.1.2 International Bidder bidding individually or member
1.2.6 Lowest Bid Price ‐ Lowest Bidder of JV to ensure that POA is apostille by appropriate
authority and requirement of Indian Stamp Act is
1.2.7 If L‐1 not selected due to any reason ‐Annul ‐
fulfilled.

2.1.3 Feasibility/DPR only for reference. No liability of


Authority.

2 4

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SECTION‐2: INSTRUCTION TO BIDDERS
2.1.5 Bid in format exactly as per Appendix‐I i.e. Tech. Bid 2.1.17 If Bid due date falls with 3 months of closing of latest
Appendix 1A & Financial Bid Appendix . 1B. financial year of Bidder (e.g. JUNE), it shall ignore such
financial year.
Bid Amount clearly in Words & Figure.
2.1.18 If any entity barred by Ministry or its implementing
2.1.6 Bid Security Bank Guarantee as per Final Appendix‐II.
Also cost of bid document (60,000) DD payable at agencies for the work of Expressway, NHs, ISC & EI & bar
Delhi. subsites as on date of application ,would not be eligible
to bid.
2.1.8 Power of Attorney as per format Appendix‐III
authorizing the signatory of Bid to commit the bidder. 2.1.19 The bidder in the last 2 years have neither failed to
perform for work as evidenced by imposition of a
2.1.9 In case of JV, Members thereof should furnish a POA
penalty by arbitral or judicial authority or judicial
in favor of Lead Member in Format at Appendix‐IV.
pronouncement or arb. Award against bidder, nor has
‐ Joint Bidding agreement in Format at appendix‐ been expelled or terminated by MORTH & its
v implementing agency

5 7

2.1.15 In case bidder is JV, following are additional requirements


(a) No. of Member in JV not more than 3
(b) Information required for each member of JV 2.2.1 Bid Capacity
(c) Member of JV shall nominate one member as the ‘Lead Assessed available Bid Capacity = (A×N×2.5‐B+C)
Member’. Leader member shall met at least 60% of N= No. of years prescribed for completion of work for which
requirement of Bid. Capacity, Technical and Financial Bid is invited.
Capacity, required as per 2.2.2.1, 2.2.2.2 (i) & 2.2.2.3, other A= Max. value of Civil Eng. Works in respect of EPC project
members of JV shall meet at least 20% requirement of Bid executed(excluding bonus) in any one year during the last 5
Capacity, Technical & Financial years (updated), taking into account completed as well as
JV as whole collectively fulfill 100% requirement. works in progress (EPC – Trunky / item rate /construction )
(d) Brief description of roles & Responsibility of individual B= Value (up dated to price level of year as per table) of
Members with reference to financial & technical. existing commitments, works for which Appointed date
(e) Lead member shall itself undertake at least 51% length /commencement date has been declared or ongoing works
(g) Joint Bidding Agreement to be completed during period of completion of the woks
No JV up to Estimated Project cost of 100 Cr. for which Bid is invited.
C = The amount of bonus received if any in EPC project 5 years

6 8

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2.2.1 BID CAPACITY 2.2.2.3 Financial Capacity


The statement showing value of all existing commitments,
i. The bidder shall have minimum net worth (Financial
works for which LOA issued and ongoing works as well as
stipulated period of completion remaining for each of work Capacity) of 5% of Estimated Project Cost at the close
listed. should be countersigned by client or its Engineer‐In‐ of proceeding financial year.
charge not below rank of EE or eqvt. or
Concessionaire/Authorized signatory of SPV in respect of
BOT Project verified by S.A. ii. Minimum average Annual Turnover (updated) 20% for
Factor upgradation last 5 financial years.
Year Year 1 Year 2 Year 3 Year 4 Year 5
Up gradation 
1.0 1.05 1.10 1.15 1.20
factor

9 11

2.2.2.2 Technical Capacity 2.2.2.4 In Case of JV


i. Over past 5 financial years preceding the Bid due date
i. The Bid capacity, Tech. capacity & financial capacity of
has received payment for construction of eligible
all Member of JV would be taken into account satisfying
projects or has undertaken construction works by
itself in PPP Project such that sum total thereof is above conditions of eligibility.
more than 2 times the Estimated Project Cost(1 times Further lead member shall meet at least 60%
if less than 100cr and 1.5 times up to 500 cr.). requirement of Bid Capacity, & JV member at least 20%
ii. Provided that at least one similar work of 25% of Technical & Financial Capacity as per 2.2.2.1, 2.2.2.2.(i)
Estimated Project Cost shall have been completed and 2.2.2.3.
from the eligible projects in category –I and / or
ii. For requirement of 2.2.2.2 (ii), one similar work of 25%
Category‐3 specified in 2.2.2.5.
of Estimated Project Cost from eligible 1 and/ or3
individually by any of JV member as a single work.

10 12

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Category and factors for evaluation of Technical Capacity. a. In case project executed by applicant under category 3


(i) Category Project/Construction experience of Eligible Project and 4 as member of JV, the project Cost should be
restricted to share of applicant in JV for determining the
Factor
eligibility. In case, SA certified that work of other
1 Project in Highway sector that qualify under 2.2.2.6(i) 1 member(s) is also executed by the applicant, the total
2 Project in Core sector that qualify under 2.2.2.6(i) 0.7 share executed by applicant can be considered for
3 Project in Highway sector that qualify 2.2.2.6(ii) 1.0 determining the eligibility.
4 Project in Core sector that qualify under 2.2.2.6(ii) 0.7 b. Maintenance contract not considered as eligible work

(ii) The Technical capacity in respect of Eligible Project situated c. The work such as IRQP/IRQ shall be considered for tech.
capacity but not for single similar work
in developed country which is member of OECD shall be
d. The projects of NH/SH under CRF/ISC/IE,MDR funded with
further multiplied by factor 0.5 and project thereof shall be external agency, long term OMT may be considered for
Experience Score for eligible project. category 1/3

13 15

Category and factors for evaluation of Technical Capacity. 2.2.2.6.1
(i)   For project to qualify as eligible project under category 1&2
iii. For the purpose of this RFP
a) Should have been undertaken as PPP project
a) Highway sector would deem to include highways, b) Entity claiming experience should have held in the
expressway, bridges, tunnel, runway, railways company min. 26% equity during the entire year for
(construction/re‐construction of Railway track, yards for which eligible experience is being claimed.
keeping container etc.), metro rails & Ports (Const. / Re‐ c) Cost of the project should have been more than 10% of
const. of jetties and any other linear infrastructure the estimated project cost
including bridge etc. d) During the last five years preceding the bid due date
b) Core Sector would deem to include Civil Construction have itself undertaken the construction of project for an
Cost of power sector, Commercial setup (SEZ etc.), amount equivalent to at least half of the cost of eligible
airports, industrial parks/Estate, logistic parks pipelines., project, excluding any part of the project for which any
irrigation, water supply, Sewerage & Real Estate contractor, subcontractor was appointed for
Development. construction.

14 16

4
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2.2.2.6.1
(ii)  For project to qualify under category 3 &4 2.2.2.8 Submission in support of Financial capacity
a) The bidder should have received payment from its client for
(i) The Technical Bid must be accomplished by the
construction work executed fully or partially or work
executed and certified by ENGINEER IN CHARGE/IE/AE Audited Annual Reports of the Bidder (of each
during the 5 financial year immediately preceding the Bid
Member in case of Joint Venture) for the last 5 (five)
due date.
(iii) The bidder shall quote experience in respect of particular  financial years, preceding the year in which the bid is
eligible project under one category only ,even though bidder 
(individually or along with member of JV ) may have played  submitted.
multiple role in the cited project .Double counting for a 
particular eligible project shall not be permitted in any form.
(iv) Experience for any activity relating to any eligible project shall 
not be claimed by two or more member of JV .No double 
counting by a JV in respect of the same experience shall be 
permitted in any manner.  

17 19

2.2.2.7  Submission in support of Technical Capacity 2.2.2.8 Submission in support of Financial capacity


(i) The bidder shall furnish details of Eligible experience for (ii) In case the annual accounts for the latest financial
the last 5 years immediately preceding the bid due date.
year are not audited and therefore the Bidder cannot
(ii) The bidder must provide the necessary information make it available, the Bidder shall give an undertaking
relating to Technical Capacity as per format at Annex –II
to this effect and the statutory auditor shall certify the
of Appendix 1A.
same. In such a case, the Bidder shall provide the
(iii) The Bidder should furnish the required project specific Audited Annual Reports for 5 (five) years preceding
information evidence in support of its claim of Technical
the year for which the Audited Annual Report is not
Capacity as per format at Annex IV of Appendix 1A
being provided.

18 20

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18‐06‐2019

2.2.2.9 The Bidder shall enclose with its Technical Bid, to


2.2.2.8 Submission in support of Financial capacity be submitted as per the format at Appendix‐IA,
complete with its Annexures, the following
(iii) The Bidder must establish the minimum Net (ii) Certificate(s) from its statutory auditors specifying the net worth
of the Bidder, as at the close of the preceding financial year, and
Worth specified in Clause 2.2.2.3, and provide
also specifying that the methodology adopted for calculating
details as per format at Annex‐III of Appendix‐IA. such net worth conforms to the provisions of this clause
2.2.2.9(ii). For the purposes of this RFP, net worth (the “Net
Worth”) shall mean the aggregate value of the bid‐up share
capital and all reserves created out of the profits and securities
premium account, after deducting the aggregate value of the
accumulated losses, deferred expenditure and miscellaneous
expenditure not written off, as per the audited balance sheet,
but does not includes reserves created out of revaluation of
assets, write‐back of depreciation and amalgamation.

21 23

2.2.2.9 The Bidder shall enclose with its Technical Bid, to


be submitted as per the format at Appendix‐IA,
complete with its Annexures, the following 2.2.2.10 If a prospective Bidder has been qualified by MORTH
(i) Certificate(s) from its statutory auditors or the concerned
under RFAQ process and its eligibility limit has been
client(s) stating the payments received or in case of a PPP
assigned, and same are valid up to the deadline for
project, the construction carried out by itself, during the past 5 submission of the bids, it may submit only Appendix‐IA
years, in respect of the Eligible Projects. In case a particular (Letter comprising the Technical Bid), Annexure I (Details
job/contract has been jointly executed by the Bidder (as part of of bidder), Annexure V (Statement of Legal Capacity) and
Joint Venture), it should further support its claim for the Annexure VI (Information related to Bid capacity under
payments received or construction carried out by itself it PPP Clause 2.2.2.1) against the requirement of clause 2.11.1
Projects as applicable the share in the work done for the (a) of this RFP. If RFAQ results are not valid on the
particular job/contract by producing a certificate from its deadline for submission of the bids, then they have to
statutory auditor or the client; and submit Annexure II to IV of Appendix‐IA also;

22 24

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18‐06‐2019

C. PREPARATION AND SUBMISSION OF BIDS C. PREPARATION AND SUBMISSION OF BIDS


2.10 Format and Signing of BID 2.11 Documents comprising Technical and Financial BID
2.10.1 The Bidder shall provide all the information sought under
2.11.1 The Bidder shall submit the Technical BID & Financial Bid
this RFP. The Authority will evaluate only those BIDs that
online through e‐procurement portal
are received online in the required formats and complete
http://etenters.gov.in comprising of the following
in all respects and Bid Security, Copy of online receipt
documents along with supporting documents as
towards payment of cost of Bid documents, POA and Joint
appropriate:
Bidding Agreement etc. are received in had copies.

25 27

C. PREPARATION AND SUBMISSION OF BIDS C. PREPARATION AND SUBMISSION OF BIDS


2.10 Format and Signing of BID 2.11 Documents comprising Technical and Financial BID
Technical Bid
2.10.2 The BID shall be typed and signed in indelible blue ink by
a) Appendix‐IA (Letter comprising the Technical Bid) including
the authorized signatory of the Bidder. All the alterations,
Annexure I to VI and supporting certificates / documents.
omissions, additions or any other amendments made to
However, those bidders, whose RFAQ eligibility limit assessed
the BID shall be initialed by the person(s) signing the BID.
by Ministry is not less than the estimated cost of the Project
and same are valid up to the deadline for submission of the
bids, are not required to submit Annexure II to IV of
Appendix‐IA. If RFAQ results are not valid on the deadline for
submission of the bids, the they have to submit Annexure II
to IV of Appendix‐IA also;

26 28

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18‐06‐2019

C. PREPARATION AND SUBMISSION OF BIDS C. PREPARATION AND SUBMISSION OF BIDS


2.11 Documents comprising Technical and Financial BID 2.11 Documents comprising Technical and Financial BID
Technical Bid Technical Bid
b) Power of Attorney for signing the BID as per the format at i) Bidder shall comply with the provisions of Office
Appendix‐III; Memorandum No. RW/NH‐37010/4/2010/PIC‐EAP(Printing)
c) if applicable, power of Attorney for Lead Member of Joint dated 22.02.2016 and its subsequent amendments if any,
Venture as per the format at Appendix‐IV; issued by MoRT&H (Appendix‐VI) regarding Integrity Pact (IP)
d) if applicable, Joint Bidding Agreement for Joint Venture as and the Integrity Pact (IP) duly signed by Authorised
per the format at Appendix‐V; signatory shall be submitted by the Bidder with the RFP Bid &
e) if applicable, Certificate/Copy of RFAQ eligibility limit shall be part of the Contract Agreement;
assessed by MORTH;

29 31

C. PREPARATION AND SUBMISSION OF BIDS C. PREPARATION AND SUBMISSION OF BIDS


2.11 Documents comprising Technical and Financial BID 2.11 Documents comprising Technical and Financial BID
Technical Bid Technical Bid
f) BID Security of amount equivalent to . 1% of the estimated j) An undertaking from the persons having PoA referred to in
project cost in the form of Bank Guarantee in the format at Sub‐Clause‐(b) above that they agree and abide by the Bid
Appendix‐II from a Schedule Bank; documents uploaded by NHAI and amendments uploaded, if
g) Demand Draft towards payment of cost of Bid documents of any; and
Rs. 60,000 (Rs. Sixty thousand only) (in favour of National
Highways Authority of India” payable at New Delhi towards
cost of Bid document.;
h) Deleted

30 32

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C. PREPARATION AND SUBMISSION OF BIDS C. PREPARATION AND SUBMISSION OF BIDS


2.11 Documents comprising Technical and Financial BID 2.11 Documents comprising Technical and Financial BID
Financial Bid 2.11.2 The Bidder shall submit the following documents 
k) Appendix‐IB (Letter comprising the Financial Bid). physically;
d) BID Security of Rs. 1% of the Estimated Project Cost
Original Bank Guarantee in the format at Appendix‐II from
a Scheduled Bank;
e) Demand Draft towards payment of cost of Bid documents
of Rs. 60,000 (Rupees Sixty thousand only) in favour of
National Highways Authority of India” payable at New
Delhi towards cost of Bid documents.;

33 35

C. PREPARATION AND SUBMISSION OF BIDS C. PREPARATION AND SUBMISSION OF BIDS


2.11 Documents comprising Technical and Financial BID 2.11 Documents comprising Technical and Financial BID
2.11.2 The Bidder shall submit the following documents  2.11.2 The Bidder shall submit the following documents 
physically; physically;
a) Original Power of Attorney for signing the BID as per f) Deleted;
g) Bidder shall comply with the provisions of Office
format at Appendix‐III;
Memorandum No. RW/NH‐37010/4/2010/PIC‐
b) if applicable, Original Power of Attorney for Lead Member EAP(Printing) dated 22.02.2016 and its subsequent
of Joint Venture as per the format at Appendix‐IV; amendments if any, issued by MoRT&H (Appendix‐VI)
c) if applicable, Original Joint Bidding Agreement for Joint regarding Integrity Pact (IP) and the Integrity Pact (IP) duly
Venture as per the format at Appendix‐V; signed by Authorised signatory shall be submitted by the
Bidder with the RFP Bid & shall be part of the Contract
Agreement; and

34 36

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C. PREPARATION AND SUBMISSION OF BIDS 2.13 Late BIDs 


2.11 Documents comprising Technical and Financial BID E‐procurement portal http://etenters.gov.in shall not allow
submission of any Bid after the prescribed date and time
2.11.2 The Bidder shall submit the following documents 
physically; at clause 2.12. Physical receipt of documents listed at
h) An undertaking from the persons having PoA referred to in clause 2.11.2 of the RFP after the prescribed date and time
Sub‐Clause‐(b) above that they agree and abide by the Bid at clause 2.12 shall not be considered and the bid shall be
documents uploaded by NHAI and amendments uploaded, summarily rejected.
if any;

37 39

2.12 BID due Date
Technical & Financial BID comprising of the documents
listed at clause 2.11.1 of the RFP shall be submitted online
SECTION‐3
through e‐procurement portal http://etenters.gov.in on or
before 11oo hrs IST on .11.2017 .Documents listed at EVALUATION OF TECHNICAL BIDS AND 
clause 2.11.2 of the RFP shall be physically submitted on or OPENING & EVALUATION OF FINANCIAL 
before 1100 hours IST on .11.2017 at the address
BIDS
provided in Clause 2.11.4 in the manner and form as
detailed in this RFP. A receipt thereof should be obtained
from the person specified at Clause 2.11.4.

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3.1 Evaluation of Technical Bids 3.1 Evaluation of Technical Bids


3.1.1 The Authority shall open the BIDs received
physically & online at 1130 hours IST on .11.2017, at 3.1.4 To facilitate evaluation of Technical BIDs, the
Authority may, at its sole discretion, seek
the place specified in Clause 2.11.4(i); and the
clarifications in writing from any Bidder regarding
presence of the Bidders whose choose to attend.
its Technical BID. Such clarification(s) shall be
Technical BID of only those bidders shall be online
provided within the time specified by the Authority
opened whose documents listed at clause 2.11.2 of
the RFP have been received physically. The for this purpose. Any request for clarification(s) and
all clarification(s) in response thereto shall be in
Authority shall prepare minutes of the BID opening,
writing.
including information disclosed to those present at
the time of Bid opening.

41 43

3.1 Evaluation of Technical Bids 3.1 Evaluation of Technical Bids


3.1.2 Technical Bids of those Bidders who have not
3.1.4 To facilitate evaluation of Technical BIDs, the
submitted their Bid online, shall not be considered
Authority may, at its sole discretion, seek
for opening and evaluation.
clarifications in writing from any Bidder regarding
3.1.3 If any information furnished by the Bidder is found
its Technical BID. Such clarification(s) shall be
to incomplete, or contained in formats other than
provided within the time specified by the Authority
those specified herein, the Authority may, in its sole
for this purpose. Any request for clarification(s) and
discretion, exclude the relevant information for
all clarification(s) in response thereto shall be in
consideration of eligibility and qualification of the
writing.
Bidder.

42 44

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3.1 Evaluation of Technical Bids 3.1 Evaluation of Technical Bids


3.1.5 If a Bidder does not provide clarifications sought a) Technical BID is received online as per the format at
under Clause 3.1.4 above with the prescribed time, Appendix‐IA including Annexure I to VI; However, those
its Bid may be liable to be rejected. In case the Bid bidders, whose RFAQ eligibility limit assessed by Ministry
is not rejected, the Authority may proceed to is not less than the estimated cost of the Project, and
evaluate the Bid by construing the particulars same are valid up to the deadline for submission of the
requiring clarification to the best of its bids, are not required to submit Annexure‐II to IV of
understanding, and the Bidder shall be barred from Appendix‐IA. If RFAQ results are not valid on the deadline
subsequently questioning such interpretation of the for submission of the bids, then they have to submit
Authority. Annexure II to IV of Appendix‐IA also;
b) Documents listed at clause 2.11.2 are received physically;

45 47

3.1 Evaluation of Technical Bids 3.1 Evaluation of Technical Bids

3.1.6 Tests of responsiveness c) Technical Bid is accompanied by the BID Security as


specified in Clause 2.1.6 and 2.1.7;
3.1.6.1 As a first step towards evaluation of Technical BIDs,
d) Technical Bid is accompanied by the Power of Attorney as
the Authority shall determine whether each specified in clauses 2.1.8;
Technical BID is responsive to the requirements of e) Technical Bid is accompanied by Power of Attorney for
this RFP. A Technical BID shall be considered Lead Member of Joint Venture and the Joint Bidding
Agreement as specified in Clause 2.1.9, if so required;
responsive only if;
f) Technical Bid contains all the information (complete in all
respects);

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3.1 Evaluation of Technical Bids
3.19 After evaluation of Technical Bids, the Authority will publish
g) Technical Bid does not contain any condition or
qualification; and a list of Technically responsive Bidders whose financial bids
h) Demand Draft towards payment of cost of Bid documents shall be opened. The Authority shall notify other bidders
of Rs. 60,000 (Rupees Sixty thousand only) in favour of
that they have not been technically responsive. The
National Highways Authority of India” payable at New
Delhi is received; Authority will not entertain any query or clarification from

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

49 51

3.2 Opening and Evaluation of Financial Bids
3.1.7 In the event that a Bidder claims credit for an Eligible
The Authority shall inform the venue and time of online
Project, and such claim is determined by the Authority as
opening of the Financial Bids to the technically responsive
incorrect or erroneous, the Authority may reject / correct Bidders through e‐procurement portal and e‐mail. The
such claim for the purpose of qualification requirements. technically responsive bidders including joint venture
3.18 The Authority will get the BID security verified from the partner(s), if any, shall inform the authority through email
issuing authority and after due verification, the Authority in the prescribed format enclosed at Annexure VIA of
Appendix 1A, for any change in their bid capacity; due to
will evaluate the Technical BIDs for their compliance to the
award / declared to be the lowest bidder in any other
eligibility and qualification requirements pursuant to clause
project as on bid submission date. In case of no change,
2.2.1 & 2.2.2 of this RFP. ‘NIL’ information shall be furnished.

50 52

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3.2 Opening and Evaluation of Financial Bids 3.3 Selection of Bidder


If any of the qualified bidders fails to furnish the above 3.3.3 In the event that Lowest Bidder is not selected for any
information due to whatsoever reasons on bid submission reason, the Authority shall annual the Bidding Process
date, or fails to qualify in Bid Capacity in this changed and invites fresh BIDs. In the event that the Authority
scenario, his financial bid shall not be opened. The rejects or annuls all the BIDs, it may in its discretion,
Authority shall open the online Financial Bids of the invite all eligible Bidders to submit fresh BIDs
remaining bidders only on schedule date and time in the hereunder.
presence of the authorized representatives of the Bidders 3.3.4 After acknowledgement of the LOA as aforesaid by
who may choose to attend. The Authority shall publicly the Selected Bidder, it shall cause the Bidder to
execute the Agreement within the period prescribed
announce the Bid Prices quoted by the technically
in Clause 1.3. the Selected Bidder shall not be entitled
responsive Bidder. Thereafter the Authority shall prepare a
to seek any deviation, modification o amendment in
record of opening of Financial Bids.
the Agreement.

53 55

3.3 Selection of Bidder 3.3 Selection of Bidder


3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder 3.3.5 After selection, a Letter of Award (the “LOA”) shall be
whose BID is adjudged as responsive in terms of issued, in duplicate, by the Authority to the Selected
Clause 3.1.6 and who quotes lowest price shall be Bidder and the Selected Bidder shall, within 7 (seven)
days of the receipt of the LOA, sign and return the
declared as the selected Bidders (the “Selected duplicate copy of the LOA in acknowledgement
Bidder”). thereof. In the event the duplicate copy of the LOA
3.3.2 In the event that two or more Bidders quote the same duly signed by the Selected Bidder is not received by
BID Price (the “Tie BIDs”), the Authority shall identify the stipulated date, the Authority may, unless it
consents to extension of time for submission thereof,
the Selected Bidder by draw of lots, which shall be
appropriate the BID Security of such Bidder as
conducted, with prior notice, in the presence of the Damages on account of failure of the Selected Bidder
Tie Bidders who choose to attend. to acknowledge the LOA.

54 56

14
18‐06‐2019

3.3 Selection of Bidder
3.3.6 Authority shall return Bid Security of all bidders
except L‐1 within a week from opening of financial
bid.

57

15

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