Transcript
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City and Industrial DevelopmentCorporation of Maharashtra Ltd. (CIDCO)

Design, Manufacture, Supply, Installation, Testing, Commissioning of

complete metro rail system on turnkey basis including Spares,

Training of Operation and Maintenance Personnel, handover to the

Authority of the whole equipment necessary to comply with the

Authority s requirements comprising of Rolling Stock including

Driving Simulator; Signalling Train Control; Communication System;

Power Supply, Tract ion SCADA; Track Works (ballastless for the

main line and for the depot); Automatic Fare Collection and Depot

Equipment for Navi Mumbai Metro Line 1 (NMML 1 - elevated route

about 11.0 km long and at grade in depot along with the approach

lines to the depot) and Rail Systems' maintenance for three years

Document for Qualification(DFQ)

January, 2013

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nC.A.NO.: 02/CIDCO/RP/SE TP-111)/2012·13

  M U V 8 A I~ i o

Applicant s)

Application

Application/Bid Due DateAssociate

Authority

Bids

Bid PriceBid Security

Bidders

Bidding Documents

Bidding ProcessBid Stage

ContractConflict of InterestConsortium

Defect Liability PeriodDFQEligible Projects

Estimated Project Cost

Execution PeriodFinancial CapacityJt. Bidding AgreementLead MemberLOA

Lowest BidderMemberNet WorthProjectProject ExperienceQualification

Qualification StageRe. or Rs. or INRRFP or Request for ProposalsSpecial Purpose Vehicle SPV)Technical Capacity

N VI MUMB I METRO LINE

GLOSSARY

As defined in Clause 1.2.1

As defined in the DisclaimerAs defined in Clause 1.1 .5

As defined in Clause 2.2.9As defined in Clause 1. 1 1As defined in Clause 1.2.3

As defined in Clause 1.2.8As defined in Clause 1.2.4

As defined in Clause 1.1 .1As defined in Clause 1.2.3

As defined in Clause 1.2.1As defined in Clause 1.2.1

As defined in Clause 1.1.2As defined in Clause 2.2.1 c)As defined in Clause 2.2.1 a)As defined in Clause 1.2.8As defined in the Disclaimer

As defined in Clause 2.2.2 A)As defined in Clause 1.1 .4

As defined in Clause 1.2.8As defined in Clause 2.2.2 B)

As defined in Clause 2.2.6 g)As defined in Clause 2.2.6 c)

Letter of Acceptance

As defined in Clause 1.2.8Member of a ConsortiumAs defined in Clause 2.2.4 i i)

As defined in Clause 1.1.1As defined in Clause 2.2.2 A)

As defined in Clause 1.2.1As defined in Clause 1.2.1

Indian RupeeAs defined in Clause 1.2.1

As defined in Clause 2.2.6 c)As defined in Clause 2.2.2 A)

The words and expressions beginning with capital letters and defined in this document

shall, unless repugnant to the context, have the meaning ascribed thereto herein.

APPLICANT

January, 2013 DOCUMENT FOR QUALIFICATION· SYSTEMS TURNKEY CONTRACT

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C.A.NO.: 02/CIDCO/RP/SE TP-111 /2012·13n~ U I . \ I A I~ a r o

N  VIMUMB I METRO LINE 1

TABLE OF CONTENTS

I l. No. Contents Page

No.

1

2

Glossary

Disclaimer

Introduction

1 1

1.2

1.3

Background

Brief description of Bidding Process

Schedule of Bidding Process

Instructions to Applicants

iv

1

1

3

5

6

2A General 6

2.1 Scope of Application 6

2.2 Eligibility of Applicants 6

2.3 Change in composition of the Consortium 13

2.4 Number of Applications and costs thereof 13

2.5 Site visit and verification of information 14

2.6 Acknowledgement by Applicant 14

2.7 Right to accept or reject any or all Applications/ Bids 14

28 Documents 15

2.8 Contents of the DFQ 15

2.9 Clarifications 16

2.10 Amendment of DFQ 16

2C Preparation and Submission of Application 16

2. 11 Language 16

2.12 Format and signing of Application 17

2.13 Sealing and marking of Applications 17

2.14 Application/Bid Due Date 18

2  1 5 Late Applications/Bids 18

2.16 Modifications/ substitution/ withdrawal of Applications/Bids 18

2D Evaluation Process 19

2.17 Opening and Evaluation of Applications 19

2.1 8 Confidentiality

APPLICANT GEN

January  2 13 D OCUMENT FOR QUALIFICA TION · SY STEMS TURNKEY C ONTRACT

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3

4

5

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C.A.NO. : 02/CIDCO/RP/SE TP-111)/2012·13NAVI MUMBAI METRO LINE 1

2 .1 9 Tests of responsiveness

2.20 Clarifications

2E Qualification and Bidding

2.21 Qualification and notification2.22 Submission of Bids

2.23 Proprietary data

2.24 Correspondence with the Applicant

Criteria for Evaluation

3 1

3.2

3 3

3.4

3 5

Evaluation parameters

Technica l Capacity for purposes of evaluation

Details of Experience

Financial information for purposes of evaluation

Qualification and Short-listing of Applicants

Fraud and Corrupt Practices

Pre-Application Conference

Miscellaneous

Appendices

Format for Application

Annex - I Details of Applicant

Annex - II

Annex - Ill

Annex - IV

Technical Capacity of Applicant

Financial Capacity of Appl icant

Statement of Legal Capacity

II Format for Power of Attorney for signing of Application

Ill Format for Power of Attorney for Lead Member of Consortium

IV Format for Joint Bidding Agreement for Consortium

V NMML1 Informa tion Memorandum

nI ~ U M M I~ ~ ~ T W J

2

20

21

2121

21

21

22

22

22

22

22

22

23

25

26

27

30

32

34

36

37

39

42

8

Signature of ApplicantDate: ~ n ~ ~ : : : . . .

APPLICANT

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C.A.NO.: 02/CIDCO/RP/SE TP-111 /201 2·13N V IMUM B I METRO LINE

DISCLAIMER

n I U M I~ ~ I t o

The information contained in this Document for Qualification the DFQ ) or

subsequently provided to Applicant s), whether verba lly or in documentary or any other

form, by or on behalf of the City and Industrial Development Corporation ofMaharashtra Ltd the Authority  ) or any of their employees or advisors or consultants,

is provided to Applicant s) on th e terms and conditions set ou t in th is DFQ and such

oth er terms and conditions subject to which such information is provided. This DFQ is

the first part of a three stage bidding process.

This DFQ is not an agreement and is neither an offer nor invitation by the Authority to

the prospective Applicant s) or any other person. Th e purpose of this DFQ is to provide

in terested parties wi th information that may be useful to them in the formulation of their

application for qualification pursuant to this DFQ the Application ). This DFQ

includes statement, which reflects various assumptions and assessments arrived at by

the Authority in relation to the Project. Such assumptions, assessments and statements

do not purport to contai n all the information that each Applicant may require. This DFQ

may not be appropriate for all persons, and it is not possible for the Authority and its

Employees or advisors or consultants to consider the investment ob jectives, financial

situations and particular needs of each party who reads or uses this DFQ. The

assumptions, assessments, statements and information contained in th is DFQ may not

be complete, accurate, adequate or correct. Each applicant should therefore, conduct

its own investigation and analysis and should check the accuracy, adequacy,

correctness, reliability and completeness of the assumption, assessment, statementsand information contained in this DFQ and obtain independent advice from appropriate

sources.

Information provided in this DFQ to the Applicant s) is on a wide range of matters, some

of which may depend upon interpretation of law. The information given is not intended

to an exhaustive account of statuary req uirement and should not be regarded as a

complete or authoritative statement of law. The Authority accepts no responsibility for

the accuracy or otherwise for any interpretation or opin ion on law expressed herein.

The Authority, its employees and advisors or consultants make no representation orwarranty and shall have no liabi lity to any person, including any Applicant or Bidder,

under any law, statute, rules or regulations or trot, principles of restitution or unjust

enrichment or otherwise for any loss, damages, cost or expense which may arise from

or be incurred or suffered on account of anything contained in this DFQ or otherwise,

including the accuracy, adequacy, correctness, completeness or re liability of the DFQ

and any assessment, assumption, statement or information contained therein or

deemed to form part of this DFQ or arising in any way with qualification of Applicant s)

for participation in the next stage of Bidding Process.

APPLICANT

January, 2013

GEN

DOCUMENT FOR QU LIFI  TIO  ·SYSTEMS TU RNKEY ONTR CT

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C.A.NO.: 02/CIDCO/RP/SE TP-111 /2012-13

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The Authority also accepts no liability of any nature whether resulting from negligence

or otherwise howsoever caused arising from re liance of any Applicant upon the

statement contained in this DFQ.

The Authority may, in its absolute discretion but without being under any obligation to

do so, update, amend or supplement the information, assessment or assumptionscontained in this DFQ.

The issue of this DFQ does not imp ly that the Authority is bound to select and short-list

qualified Applications for next stage or to appoint the selected Bidder for the Project and

the Authority reserves the right to reject all or any of the Applications or Bids without

assigning any reasons whatsoever.

The Applicant s) shall bear all its costs associated with or relating to the preparation

and submission of its Appl ication including but not limited to preparation, copying,

postage, delivery fees, expenses associated with any demonstrations or presentations

which may be required by the Authority or any other costs incurred in connection with or

relating to its Application. All such costs and expenses will remain with the Applicant s)

and the Authority shall not be liable in any manner whatsoever for the same or for any

other costs or other expenses incurred by an App licant in preparation or submission of

the App lication, regardless of the conduct or outcome of the Bidding Process.

The App licants shall note that the DFQ is a non-transferable document between the

Appl icants.

APPLICANT

January , 201 3

Ch  ngineer (Special Projects)

co f Maharashtra Ltd., Navi Mumbai

DOCUM ENT FOR UALIFICATION · SYSTEMS T URNKEY C ONTRACT

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C.A.NO.: 02/CIDCO/RP/SE TP-111)/2012·13

nmmA . \ U ~ . . . . .; aiAo

N VI MUMB I METRO LINE

City and Industrial Development

Corporation of Maharashtra Ltd. (CIDCO)

1. INTRODUCTION

1.1 Background

1.1.1 The City & Industrial Development Corporation of Maharashtra Ltd . (theAuthority ) is engaged in the development of Navi Mumbai as New Town

Development Authority besides other new towns in Maharashtra. As part of thisendeavor, the Authority has decided to undertake development of an elevatedmetro system. It has decided to carry out the bidding process for selection of aBidder(s) to whom the Project may be awarded and accordingly intends to invitebids. This DFQ is for Design, Manufacture, Supply, Installation, Testing,Commissioning of complete metro rail system on turnkey basis including

Spares, Training of Operation and Maintenance Personnel, handover to the

Authority of the whole equipmentnecessary

to comply with the

Authority's requirements comprising of Rolling Stock including DrivingSimulator; Signalling & Train Control; Communication System; PowerSupply, Traction & SCADA; Track Works (ballastless for the main line andfor the depot); Automatic Fare Collection and Depot Equipment for NaviMumbai Metro Line 1 (NMML1 - elevated route about 11.0 km long and atgrade in depot along with the approach lines to the depot) and RailSystems' maintenance for three years - (all the above activities takentogether hereinafter termed as the Project ). It has been decided to carry outthe bidding process for selection of a qualified Bidder to whom the Project maybe awarded.

Brief particulars of the Project are as fo llows:

Navi Mumbai Metro Length Indicative Project CostLine 1 in km (approx.) (INR Cr.)

Belapur to Pendhar 11 .00 1020

The Authority intends to qual ify suitable Applicants (the Bidders ) who will beeligible for technical evaluation in the next stage, for award of the Projectthrough competitive bidding, in accordance with the procedure set out herein.

Overview of the Project is available on the CIDCO website

(http://cidcoindi a.com and http://navimumbaimetrorail.com). The informationtherein is illustrative and is subject to change without any prior notice. AppendixV covers brief information on NMM Line-1 project.

1.1.2 The se lected Bidder, shall be responsible for design, manufacture, supply,insta llation, testing, commissioning of complete metro rai l system, as defined inclause 1.1.3, on turnkey basis and it's maintenance in accordance with theprovisions of the Contract (the Contract ) to be entered between the Bidderand the Authority as part of Bidding documents pursuant hereto.

1.1 .3 CIDCO invites applications for qualification from suitable bidders who areSingle Business Entity or a Group of Entities (Consortium ere the

x _\1-GER GR<o

APPLICANT GEN C t

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APPLICANT

C.A.NO.: 02/CIDCO/RP/SE TP-111)/2012·13

n~ U M 8 A J~ ~ oN V I MUMB I METRO l iNE

works are required to be undertaken on a Turnkey Basis for Design and Bu ild of

the Elevated Metro Rai l Systems and it's maintenance, comprising , inter a lia, offollowing:

i) Rolling Stock including driving simulator;

i i) Signalling and Train Control using Communication Based Train Control

(CBTC) with radio communication;

i ii) Communication system;

(iv) Power Supply, 25 kV Traction SCADA;

(v) Track Works ballastless for the main line for the depot tracks);

(vi) Automatic Fare Collection (AFC);

(vii) Depot Equipment.

Note: Successful Bidder/Bidding Consortium has to meet Technical

Specifications issued by the Authority and source within itself or

Consortium Rolling Stock, Signalling Train Control and Power Supply

Traction systems. Whereas, Communication system, Track Works, AFC

Depot Equipment may be sourced from other suppliers, which meet the

Technical Specifications and have supplied these systems for at least two

operational Metros.

The Project also includes:

(i) Management and integration of all Metro Rail Systems and integrated tests;

(ii) Interfaces with the Civil and other designated contractors;

(iii) Design approvals for all Metro Rail Systems as given in Clause 1.1 .3,

osci llation trials and speed certification of rolling stock auxil iary vehicles

from RDSO or any other designated authority.

iv) Safety certification of Metro Rai l System from Bidder's Independent Safety

Assessor and submission of Safety Case other design documentation

through the Authority to Commissioner Metro Railways Safety (CMRS) or

any other designated authority.

(v) The training of O M Company's staff on systems' operation prior after

handover of the Ra il System comprising of ro lling stock including driving

simulator; signalling train control; communication system; power supply,

25 kV traction SCADA; track works (ballastless for the main line and for

the depot); automatic fare collection and depot equipment etc. The training

shall also be provided on maintenance to O M Company's staff after 2

years of operations.

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WE MAKE CITIESC.A.NO.: 02/CIDCO/RP/SE TP-111)/2012·13

n~ M B I~ ~ ~ ~ R oID O

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v i) The supply of spare parts, special maintenance tools and test equipment;

vi i) Supply of general purpose machine tools, material handling equipment and

hand tools necessary for maintenance pu rpose;

viii) The supply of a

lldocumentation required to cover the various phases of th is

Contract, designated as CA No. 02/CIDCO/RP/SE TP-111)/2012-13 from

commencement of the project through to system testing, commissioning ,

operation, handover, maintenance and project completion.

1.1.4 Indicative capital cost of the Project (the Estimated Project Cost ) is given inClause 1 1 .1 .

1 1.5 The Authority sha ll receive App lications pursuant to th is DFQ in accordance withthe terms set forth herein as modified, altered, amended and clarified from timeto time by the Authority, and a ll Applications shall be prepared and submitted in

accordance with such terms on or before the date specified in Clause 1.3 forsubmission of App lications/Bids (the Application/Bid Due Date ) .

1 1.6 The Authority intends that the successful Bidder would have first right of refusalfor supply of Rail Systems for Lin es 2 and 3 of Navi Mumbai Metro ProjectCorridor 1 if he bids and is unable to match the price quoted by the lowestbidder. The comb ined length of these two lines is around 10.5 kms (seeAppendix V for details).

1.2 Brief description of the Bidding Process

1.2.1 The Authority has adopted a three-stage bidding process (collectively referred toas the Bidding Process ) for selection of the bidder for award of the Project.The first stage (the Qualification Stage ) of the process involves qualification(the Qualification ) of interested parties/ Consortia who make an Applicationin accordance wi th the provisions of this DFQ (the Applicant , whichexpression shall, unless repugnant to the con text, includes the Members of theConsortium). At the end of this stage, the Authority expects to announce a list ofall qualified Applicants who shall be eligible for evaluation in the second(Technical Evaluation) and third stage (Financial Evaluation) of the BiddingProcess (collectively ca lled the Bid Stage ) comprising Request for Proposals(the Request for Proposals or RFP ).

1.2.2. In the Qualification Stage, Applicants would be required to furnish all theinformation sought in this DFQ. On ly those Applicants that are qualified by theAuthority would be considered for evaluation of technical Bids for the Project.The Applicants are advised to visit the site and familiarise themselves with theProject prior to submission of their bids.

1.2.3 Th e Bidders will have to submit their technical bid and financial bid (collectively,the Bids ) in accordance with the RFP and other documents provided by theAuthority (collectively the Bidding Documents ). The RFP Bids would have tobe submitted along with the DFQ Application. The Bidding Documents for theProject will be provided to every Bidder on payment of a non-refundable Bid Fee

APPLICANTJanua ry, 201 3

GED OC UMENT FOR QUALIFICATION· SYSTEMS TU RNKEY C ON TR

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C.A.NO .: 02/CIDCO/RP/SE (TP-  /2012-13n U M B I

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NAVI MUMBAI METRO LINE 1

spec ified in the RFP. The Bid shall be valid for a period of not less than 180

days from the date specified in Clause 1.3 for submission of bids.

1 2 4 In terms of the RFP, a Bidder wi ll be required to deposit, along with its Bid, a bidsecurity equivalent to 1% (one per cent) of the Estimated Project Cost (the Bid

Security  . In the case of the selected Bidder whose Bid Security shall beretained till it has provided a Performance Security under the Contract. TheBidders will have an option to provide Bid Security in the form of a demand draftor a bank guarantee acceptable to the Authority and in such event, the va lidityperiod of the demand draft or bank guarantee, as the case may be, shall not beless than 180 (one hundred eighty days from the Bid Due Date, and may beextended as may be mutually agreed between the Authority and the Bidder fromtime to time. The Bid sha ll be summarily rejected if it is not accompanied by theBid Security.

1.2.5 Generally, the Lowest Bidder shall be the selected Bidder. The remam1ngBidders shall be kept in reserve and may, in accordance wi th the process

specified in the RFP, be invited to match the Bid submitted by the Lowest Bidderin case such Lowest Bidder withdraws or is not selected for any reason. In theevent that none of the other Bidders match the Bid of the Lowest Bidder, theAuthority may, in its discretion, invite fresh Bids from the remaining Bidders orannul the Bidding Process, as the case may be.

1 2 6 The Bidders are invited to examine the Project in detail, and to carry out, at theircost, such studies as may be required for submitting their respective Bids foraward of the Contrac t including implementation of the Project.

1.2. 7 As part of the Bidding Documents, the Authority will provide a draft Contractdocument.

1 2 8 Bids are invited for the Project on the basis of the lowest price offered by aBidder for implementing the Project (the Bid Price  . The total time allowed forcompletion under the Contract (the Execution Period ) and the period duringwhich the Bidder shall be liable for rectification of any defect or deficiency in theProject after comm ercial operation (the Defect Liability Period ) shall be predetermined, and will be indicated in the Bidding Documents. The Bid Price shallconstitute the sole criteria for evaluation of Bids. The Project shall be awarded tothe Bidder quoting the lowest Bid Price.

In this DFQ, the term Lowest Bidder shall mean the Bidder who is offering thelowest Bid Pr ice subject to comp liance to Technical Specifications and otherBidding Documents.

1.2.9 Detai ls of the Bid process and the terms thereof have been spelt out in theBidding Documents.

1 2  1 0 Any queries or request for additional information concerning this DFQ shall besubmitted in writing or by fax and e-mail to the officer designated in Clause2.13.3 below. The envelopes/ communication s shall clearly bear the followingidentification/ title:

APPLICANTJanua ry, 201 3

GENDOCUMENT FOR QUALIFICAT ION- SYSTEMS TURNKEY C ONTRA

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 £ ~ £

C.A.NO.: 02/CIDCO/RP/SE TP-111)/2012-13n  I A J~ i O

N VI MUMB I METRO LINE

Queries/ Request for Additional Information: Qualification for RailSystems of Navi Mumbai Metro Line-1 Project.

1 2.11 All legal documents submitted by Applicants as part of qualification shall formpart of the Contract.

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to th e following schedule:

Qualification Bid Stage

Sr.Description

No.

a. Issue of RFP documents

b.Last date for receiving queries,if any

c. Reply to queries

d.Pre-Bid conference, ifnecessary

e. Application/Bid Due Date

Signature of ApplicantDate:

APPLICANT

Schedule Dates

From 29.01.2013 to 12.02.2013; between

14.00 to 16.30 hours on all working days,excluding Saturday, Sunday & all Public

Holidays.

26.02.201 3

12.03.201 3

19.03.2013; 11 .00 hours at CIDCO Bhavan,CBD Belapur, Navi Mumbai

22.04.2013; between 11.00 to 16.00 hours

: : : Engineer SP)

w

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C.A.NO.: 02/CIDCO/RP/SE (TP-111 2  2·13

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2. INSTRUCTIONS TO APPLICANTS

2A GENERAL

2.1 Scope of Application

2. 1.1 The Authority intends to receive Applications for Qualification in order to qualifyexpe rienced and capable Applicants for nex t stage evaluation.

2.1.2 The Bids of on ly the Qu alified Applicants wou ld be evaluated. The Bids of thoseApplicants, who do not qualify, would be returned to the respective Applicants.

2.2 Eligibility of Applicants

2.2.1 For determining the eligibility of Applicants for their qualification hereunder, thefollowing shall apply:

APPLICANT

(a) The Applicant for qualification may be a Single Business Entity or a Group ofEntities (the Consortium  ), coming together to implement the Project.

However, no applicant applying individually or as a member of a Consortium ,as the case may be, can be member of another Applicant. The termApplicant used herein would app ly to both a single entity and a Consortium.

(b) A Consortium shall be eligible for consideration subjec t to the conditions se tout in Clause 2.2.6 below.

(c) An App licant shall not have a conflict of interes t (the Conflict of Interest )that affects the Bidding Process. Any Applicant found to have a Conflict ofInterest shall be disqualified. An Applicant shall be deemed to have a

Conflict of Interes t affecting the Bidding Process, if:

(i) the Applicant, its Member or Associate (or any constituent thereof) and

any other Applicant, its Member or any Associate thereof or anyconstituent thereof have common controll ing shareholders or oth erownership interest; provided that this disqualification shall not apply incases where the direct or indirect sharehold ing of an Applicant, itsMember or an Associate th ereof (or any shareholder thereof having ashareholding of more than 10 (ten) per cent of the paid up andsubscribed share capital of such Applicant, Member or Associate, as thecase may be), in the other Applicant, its Member or Associate is lessthan 10 (ten) per cent of the subscribed and paid up equity share capital

thereof; provided further that this disqualification sha ll not apply to anyownership by a bank, insurance company, pension fund or a publicfinancial institution referred to in section 4A of the Companies Act 1956or Government bodies. For the purposes of this Clause 2.2.1 c), indirectshareholding held through one or more intermediate persons shall becomputed as follows: (aa) where any intermediary is controlled by aperson through management co ntrol or oth erwi se, th e entireshareholding held by such controlled intermed iary in any other person(the Subject Person ) shall be taken into account for computing theshareholding of such controlling person in the Subject Person; and (bb)subject always to sub-clause (aa) above, where a person does not

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exercise control over an intermediary, which has shareholding in theSubject Person, the computation of indirect shareholding of such personin the Subject Person sha ll be undertaken on a proportionate basis;provided, however, that no such shareholding shall be reckoned underth is sub-clause bb) if the shareholding of such person in the

intermediary is less than 26% of the subscribed and paid up equityshareholding of such intermediary; or

(ii) a constituent of such App licant is also a constituent of another Applicant;

or

(iii) such Applicant, or any Associate thereof receives or has received anydirect or indirect subsidy, grant, concessional loan or subordinated debtfrom any other App licant, or any Associate thereof or has provided anysuch subsidy, grant, concessional loan or subordina ted debt to any otherApplicant, its Member or any Associate thereof; or

(iv) such Applicant has the same legal representative for purposes of thisApplica tion as any other Applicant; or

v) such Applicant, or any Associate thereof has a relationship with anotherApplicant, or any Associate thereof, directly or th rough common th irdparty/ parties, that puts either or both of them in a position to haveaccess to each other's information about, or to influence th e Applicationof either or each other; or

vi) such Applicant, or any Associate thereof has participated as a consultantto the Authority in the preparation of any documents, design or technicalspecifications of the Project.

d) An Applicant shall be liable for disqualification if any legal, financial ortechnical adviser of the Authority in relation to the Project is engaged by theApplicant, its Member or any Associate thereof, as the case may be, in anymanner for matters related to or incidental to the Project. For the avoidanceof doubt, this disqualification shall not apply where such adviser wasengaged by the Applicant, its Member or Associate in the past but itsassignmen t expired or was terminated 6 s ix) mon ths prior to the date ofissue of this DFQ. Nor will this disqualification apply where such adviser isengaged after a pe riod of 1 one) year from the date of commercial operation

of the Project.

Explanation In case an Applicant is a Consortium, then the term Applicant asused in this Clause 2.2.1 , shall include each Member of such Consortium.

2.2.2 To be eligible for qualification, an Applicant shall fulfil the following conditions ofeligibility:

A) 1 Technical Capacity:

APPLICANT

For demonstrating technical capacity & experience the Technical Capacity ),

the Applicant (Single or Group of maximum 3 (th ree) members) must have

designed, manufac tured, supp lied & executed successfully followin 3 (three)

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APPLICANT

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n~ U J ~ I B Jt i R ON V IMUMB I METRO LINE

core systems in at least one Metro project each. These 3 th ree) core systems

shall include Rolling Stock, having value not less than 200 Crores INR; and

remaining 2 (two) systems namely i) Signalling and Train Control using CBTC

with radio communication; and (ii) Power Supply, SCADA and 25 kV Overhead

Catenary (PST) for Metro or Railway projects; having cumulative value not lessthan 150 Crores INR. The projects to be considered for th ree core systems

should have been commissioned in last 10 (ten) financial years, should be of at

least 10 (ten) Route km s and which are in operation ( Eligible Projects ).

If the above mentioned Technical Capacity criterion is being fulfilled by a foreign

Single Business Entity or the foreign partner of a Consortium/SPV and the work

was done in the country of the foreign partner, then in addition to the above

mentioned criterion, the foreign partner must have done at least one work of

such core system of specified magnitude and duration outside the country oforigin of the foreign partner.

2. Project Experience:

The Applicant's Project Experience shall also include experience of the

following:

(i) Interface & System Integration:

a) Interface management between Rolling Stock; Signall ing & Train

Control; Communication system; Power Supply, Traction & SCADA;Track Works, Automatic Fare Collection and Depot Equipment; and

System Integration.

b) In terface management with the Civil Contractors.

c) Reliability, Availability, Maintainability and Safety (RAMS) Analysis &

Management.

d) The Interface & System In tegration experience mentioned above shall

be for at least one operational Metro project of more than 10 (ten)

Route kms. The particu lar project shall consist of at least the fo llowingfour systems:

(aa) Rolling Stock;

(bb) Signalling & Train Control System;

(cc) Power Supply, Traction and SCADA; and

(dd) Telecommunications.

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ii) Testing Facilities: The Applicant shall have suitable accredited testing and

simulation facilities either provided in-house or by using the services of an

accredited external test house for the fu ll simulation, checking and

validation of the design prior to the delive ry of equipment from the

Applicant's wo rks. The des ign shall comply with respective Safety Integ ri tyLevels (SIL) . The App lica nt shall also be fully capable of supplyi ng the

necessary equipment and suitably trained personnel for performing si te

acceptance testing of its equipment includ ing Integration statutory tests

on Navi Mumbai Metro Lin e- 1 site.

(iii) Maintenance Experience: The Applicant shall have at least 2 (two) years of

maintenance experience on Roll ing Stock for a Metro of 10 kms length or

more.

Note: The Technical Capacity Project Experience shall be established by

furnishing adequate documentary evidence, such as completion

certificates issued by implementing Organizations. During the Bid

evaluation stage, if any qualified Bidder is found to be non-compliant or

non-responsive against the Technical Specifications, the respective Bid

may be rejected by the Authority.

(B) Financial Capacity:

The Applicant (Single or Group of max imum 3 members) should have minimum

financial capabil ities for Single entity or for Lead Member in case of Consortium

as given below (audited financial data for last five years to be submitted):

(i) T1 - Working Capital: Working Capital (Net Cash Flow) of the Applicant

during last audited financial year should be> 100 Crores INR.

(ii) T2 - Profitability: Profit before tax shall be positive for any

two years out of the last three audited financial years.

(iii) T3 - Net Worth: Net Worth of the App licant during last audited f inancial

year should be > 100 Crores INA.

(iv) T4 - Annual Turnover: The average annual turno ver during the last three

years should be > 250 Crores INR .

The financial data in the prescribed format shall be certified by statutory

auditors. Incase audited balance sheet of last financial year is not made

available by the Applicant; he has to submit an aff idavit certifying that the

balance sheet has not been audite so far '. In such a case the financial data of

previous 5 (five) financial years wi ll be taken into consideration for evaluation. If

audited balance sheet of any other f inancial year other than last financial year is

not submitted, the application will be considered as non-responsive and liable to

be re jected.

2.2.3 In case of a Consortium, the threshold Financial Capacity of the Lead Member

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alone shall be taken into account for fulf illing the above conditions of eligibility.

2.2.4 The Applicant shall enclose with its appl ica tion, to be submitted as per theformat at Appendix-1 complete with its Annexures, the following:

(i) Certificate(s) from its statutory auditors or the concerned cl ient(s) statingthe payments received or Works carried out during the past 10 (ten) years,in respect of the El igible Projects. In case a particular job/ contract hasbeen jointly executed by the App licant as part of a Consortium), it shouldfurther support its claim for the share in work done for that particular job/contract by producing a certificate from its statutory auditor or the client;

and

i i) certificate s) from its statutory auditors specifying the net worth of theApplicant, as at the close of the preceding financial year, and alsospecifying that the methodology adopted for calculating such net worthconform s to the provisions of this Clause 2.2.4 (ii). For the purposes of this

DFQ, net worth (th e Net Worth  ) shall mean the sum of subscribed andpaid up equity and reserves from which shall be deducted the sum ofrevaluation reserves, miscellaneous expenditure not written off andreserves not avai lable for distribution to equity share holders.

2.2.5 The Applicant should submit a Power of Attorney as per the format at Appendix-11, authorising the signatory of the Application to commit th e Applicant. In thecase of a Consortium, the Members should submit a Power of Attorney in favourof the Lead Member as per format at Appendix-Ill.

2.2.6 In case the Applicant is a Consortium, it shall comply wi th the followingadditional requirements:

APPLICANT

(a) Number of members in a Consortium shall not exceed 3 (three);

(b) subject to the provisions of clause a) above, the Applica tion should containth e information required for each Member of the Consortium;

c) members of the Consortium shall nominate one member as the leadmember (the Lead Member  ), who shall have work share of at least 51 

(fifty one percent) in the Consortium and each member shall have at least10  (ten percent) out of total work share of 100  (hundred percen t). Incase the Consortium forms a Sp ecial Purpose Vehicle un der IndianCompani es Act 1956 (the SPV ) , the Lead Member shall have eq uity

share holding of at least 51 (fifty one percent) in the SP V and eachmember shall have at least 10  (ten percent) out of total eq uity of 1

(hundred percent). The nomination shall be supported by a Power ofAttorney, as per the fo rm at at Appendix-Il l, signed by all other members ofthe Consortium.

(d) the Application should include a brief description of the ro les andres ponsibi lities of individual members, particularly with reference totec hnica l and financial ob ligations;

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APPLICANT

C.A.NO.: 02/CIDCO/RP/SE TP-111)/2012-13n~ M m r . -

NAVI MUMB I METRO LINE

e) an individual Applicant cannot at the same time be member of anotherConsortium applying for qualification. Further, a member of a particularApplicant Consortium cannot be member of any other Applicant Consortiumapplying for qualification;

f) the Lead Member shall itself fulfil the following requirements/responsibilities:

i) shall have Metro project experience;

(ii) shall have designed, manufactured supplied at least 1 (one) out of the

3 (three) core Rail Systems and shall be responsible for the same;

(iii) shall be responsible for remaining four Rail Systems, i.e.

Communication system, Track Works, AFC and Depot Equipment, in

case these are sourced from outside the Consortium; and

iv) shall be responsible for Project Management and s u ~ e s s f u l completion

of the project.

g) members of the Consortium shall have entered into a binding Joint BiddingAgreement, substantially in the form specified at Appendix-IV (the t.

Bidding Agreement ), for the purpose of making the Application andsubmitting a Bid in the event of being short-listed. The Parties shallundertake vide the form specified at Appendix-IV that in the event theConsortium is declared the selected Bidder and awarded the Project, itshall legalize the Consortium by registering Joint Bidding Agreement underthe leadership of Lead Member for entering into an Agreement with theAuthority. The Consortium shall form function either as a 'RegisteredConsortium'; or as a SPV- registered company' (under Indian CompaniesAct, 1956). However, in any condition the 'Lead Member' shall have allobligations liabilities on behalf of the Consortium for performing the termsof the Agreement for the Project. The Joint Bidding Agreement, to besubmitted along with the Application , shall, inter alia

i) convey the commitment(s) of the Lead Member in accordance with this

DFQ, in case the contract to undertake the Project is awarded to the

Consortium;

(ii) clearly outline the proposed rol es and responsibilities, of each member;

(iii) commit the approximate share of work to be undertaken by each

member;

iv) include a statement to the effect that all members of the Consortium

shall be liable jointly and severally for all obligations of the Contract in

re lation to the Project until the completion of the Project is achieved in

accordance with the Contract;

v) In case of SPV, commit the minimum equity stake to be held by each

member until the completion of the Project is achieved in accordance

with the Contract; and

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(h) except as provided under this DFQ and the Bidding Documents, there shallnot be any amendment to the Jt. Bidding Agreement without the priorwritten consent of the Authority.

2.2.7 Any entity wh ich has been barred by the Central/ State Government, or any

en tity controlled by it, from participating in any project, and the bar subsists ason the date of Application, would not be el igible to submit an Application, eitherindividua lly or as member of a Consortium.

2.2.8 An App licant including any Member or Associate should, in the last 3 th ree)years, have ne ither fa iled to perform on any contract, nor has been expelledfrom any project or contract by any public en tity nor have had any contractterminated by any public entity for breach by such Applicant, Member orAssociate.

2.2.9 In computing the Technical Capacity of th e Applicant/ Members under Clauses2.2.2, 2.2.4 and 3.2, the Technical Capacity of their respective Associates would

also be eligible hereunder.

For purposes of this DFQ, Associate means, in relation to the Applicant/Member, a person who controls or is controlled by such Applicant/ Member theAssociate ). As used in this definition, the expression control means, with

respect to a person which is a co mpa ny or corporation, the ownership, directlyor indirec tly, of more than 50% (fifty per ce nt) of the voting shares of suchpe rson, and with respect to a pe rson which is not a company or corporation, thepower to direct the management and policies of such person by operation oflaw.

2.2.1 0 The following conditions shall be adhered to while submitting an Application:

a) Applicants should attach clearly marked and referenced continuation sheetsin the event that the space provided in the prescribed forms in the Annexesis insufficient. Alternatively, Applicants may format the prescribed formsmaking due provision for incorporation of the requested information;

b) information supplied by an Applicant (or other constituent Member if theApplicant is a Consortium) must apply to the Applicant, Member orAssociate named in the App lication;

c) in responding to the qualification subm issions, Applicants shoulddemonstrate their capabilities in accordance with Clause 3.1 below; and

(d) in case the App licant is a Consortium, each Member should substantiallysatisfy the qual ification requirements to the extent specified herein.

2.2.11 While Qualification is open to persons from any country, the fo llowing provisionssha ll apply:

APPLICANT

a) Where, on the date of the Application, not less than 15% (fifteen percent) ofthe aggregate issued, subscribed and paid up equity share capital in an

Applicant or its Member is held by persons resident outside I · r where

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an Applicant or its Member is con tro lled by persons resident outside India;or

(b) if at any subsequent stage after the date of the Application, there is anacquisition of not less than 15 (fifteen percent) of the aggregate issued,

subscribed and paid up equity share capital or control, by persons residentoutside India, in or of the Applicant or its Member;

then the Qual ification of such Applicant or in the event described in sub clause(b) above, the con tinued Qualification of the Applicant shall be subject toapproval of the Authority. The decision of the Authority in this behalf shall befinal and conclusive and binding on the Applicant.

The holding or acquisition of equity or control, as above, shall include direct orindirect holding/ acquisition, includ ing by transfer, of the direct or indirect legal orbeneficial ownership or con tro l, by persons ac ting for themselves or in concertand in determining such holding or acquisition, the Authority shall be guided by

the principles, precedents and definitions contained in the Securities andExchange Board of India (Substantial Acquisition of Shares and Takeovers)Regulations, 1997, or any substitute thereof, as in force on the date of suchacquisition.

The Applicant shall promptly inform the Authority of any change in theshareholding, as above, and failure to do so shall render the Applicant liable fordisqualification from the Bidding Process.

2.2.12 Notwithstanding anything to the contrary contained herein, in the event that theApplication Due Date falls within three months of the closing of the latestfinancial year of an Applicant, it shall ignore such financial year for the purposes

of its Application and fu rnish all its information and certification with reference tothe 5 five) years or 1 (one) year, as the case may be, preceding its latestfinancial year. For the avoidance of doubt, financial year shall, for the purposesof an Application hereunder, mean the accounting year fo llowed by theApplicant in the course of its normal business.

2.3 Change in composition of the Consortium

2.3.1 Change in the composition of a Consortium will not be permitted by theAuthority.

2.4 Number of Applications and costs thereof

2.4.1 No Applicant sha ll submit more than one Application for the Project. Anapplicant applying individua lly or as a member of a Consortium shall not beentitled to submit another app lication either individually or as a member of anyConsortium, as the case may be.

2.4.2 The Applicants shall be responsible for all of the costs associated with thepreparation of their Applications and their participation in the Bid Process. TheAuthority will not be responsible or in any way liable for such costs, regardlessof the conduct or outcome of the Bidding Process.

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2.5 Site visit and verification of information

Applicants are advised to submit their respective Applications after visiting theProject site and ascertaining for themselves the site conditions, traffic, location,

surroundings, climate, availability of power, water and other utilities forconstruction, access to site, handling and storage of materials, weather data,applicable laws and regulations, and any other matter considered re levant bythem.

2.6 Acknowledgement by Applicant

2.6.1 It shall be deemed that by submitting the Application, the Applicant has:

a) made a complete and careful examination of the DFQ;

b) received all re levant information requested from the Authority;

c) accepted the risk of inadequacy, error or mistake in the informationprovided in the DFQ or furn ished by or on behalf of the Authority relating toany of the matters referred to in Clause 2.5 above; and

d) agreed to be bound by the undertakings provided by it under and in termshereof.

2.6.2 The Authority shall not be liable for any omission, mistake or error in respect ofany of the above or on account of any matter or thing arising out of orconcerning or relating to the DFQ or the Bidding Process, including any error ormistake therein or in any information or data given by the Authority.

2.7 Right to accept or reject any or all Applications Bids

2.7.1 Notwithstanding anything contained in this DFQ, the Authority reserves the rightto accept or reject any Application and to annul the Bidding Process and rejectall Applications/ Bids, at any time without any liability or any obligation for suchacceptance, rejection or annulment, and without assigning any reasons therefor.In the event that the Authority rejects or annuls all the Bids, it may, in its solediscretion, invite all eligible Bidders to submit fresh Bids hereunder.

2.7.2 The Authority reserves the right to reject any Application and/ or Bid if:

APPLICANT

a) at any time, a material misrepresentat ion is made or uncovered, or

b) the Appl icant does not provide, with in the time specified by the Authority,the supplemental information sought by the Authority for evaluation of theApplication.

If the Applicant/Bidder is a Consortium, then the entire Consortium may bedisqualified/ rejected. If such disqualification/ rejection occurs after the Bidshave been opened and the Lowest Bidder gets disqualified/ rejected, then theAuthority reserves the right to:

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(i) invite the remain ing Bidders to match the Lowest Bidder or submit theirfresh Bids in accordance with the RFP; or

(ii) take any such measure as may be deemed fit in th e sole discretion of theAuthority, including annulment of the Bidding Process.

2.7.3 In case it is found during the evaluation or at any time before signing of theContract or after its execution and during the period of subsistence thereof,including the Defect Liability Period, that one or more of the qualification

conditions have not been met by the Applicant , or the Appl icant has madematerial misrepresentation or has given any materially incorrect or falseinform ation, the Applicant shall be disqualified forthwith if not yet appointed asthe Contractor either by issue of the LOA or entering into the Contract, and if theApplicant has already been issued th e LOA or has entered into the Contract, asthe case may be, the same shall , notwithstanding anything to the contrarycontained therein or in this DFQ, be liable to be terminated, by a communicationin writing by the Authority to the Applicant, wi thout the Authority being liable in

any manner whatsoever to the Applicant and without prejudice to any other rightor remedy which the Authority may have under this DFQ, th e BiddingDocuments, the Contract or under applicable law.

2.7.4 The Authority reserves the right to verify all statements, information anddocuments submitted by th e Applicant in response to the DFQ. Any suchverification or lack of such verification by the Au thority shall not re lieve theApplicant of its obligations or liabilities hereunder nor will it affect any righ ts ofthe Authority thereunder.

8 DOCUMENTS

2 8 Contents of the DFQ

APPLICANT

This DFQ comprises the disclaim er set forth hereinabove, the contents as listedbelow, and will additiona lly include any Addenda issued in accordance withClause 2.1 0.

Document for Qualification

Section 1.

Section 2.

Section 3.

Section 4.

Section 5.

Section 6.

ppendices

Introduction

Instructions to Applicants

Criteria for Evaluation

Fraud Corrupt Practices

Pre Application Conference

Miscellaneous

I. Letter comprising the Application

II. Power of Attorney for signing of Application

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Ill. Power of Attorney for Lead Member of Consortium

IV. Joint Bidding Agreement for Consortium

V. Brief Information on NMML1 project.

2 9 Clarifications

2.9.1 Applicants requiring any clarification on the DFQ may notify the Authority inwriting or by fax and e-mail in accordance with Clause 1.2.1 0. They should sendin their queries before the date specified in the schedule of Bidding Processcontained in Clause 1.3. The Authority shall endeavour to respond to thequeries within the period specified therein, but no later than 7 seven) days priorto the Application Due Date. The responses wi ll be sent by fax and/or e-mail.The Authority will forward all the queries and its responses thereto, to allpurchasers of the DFQ without identifying the source of queries.

2.9.2 The Authority shall endeavour to respond to the questions raised or clarifications

sought by the Applicants. However, the Authority reserves the right not torespond to any question or provide any clarification, in its sole discretion, andnothing in this Clause shall be taken or read as compelling or requiring theAuthority to respond to any question or to provide any clarification.

2.9.3 The Authority may also on its own motion, if deemed necessary, issuein terpretations and clarifications to all Applicants. All clarifications andinterpretations issued by the Authority shall be deemed to be part of the DFQ.Verbal clarifications and information given by Authority or its employees orrepresentatives shall not in any way or manner be binding on the Authority.

2 1 0 Amendment of DFQ

2.1 0.1 At any time prior to the deadline for submission of Application, the Authoritymay, for any reason, whether at its own initiative or in response to clarificationsrequested by an Applicant, modify the DFQ by the issuance of Addenda.

2.1 0.2 Any Addendum thus issued will be sent in writing or by e-mail to all those whohave purchased the Bid Documents.

2.1 0.3 In order to afford the Applicants a reasonable time for taking an Addendum intoaccount, or for any other reason, the Authority may, in its so le discretion, extendthe Application Due Date.

2C PREPARATION AND SUBMISSION OF APPLICATION

2 11 Language

APPLICANT

The Application and all related correspondence and documents in relation to theBidding Process shall be in English language. Supporting documents andprinted literature furnished by the Applicant with the Application may be in anyother language provided that they are accompanied by translations of all thepertinent passages in the English language, duly authenticated and certified bythe Applicant. Supporting materials, which are not translated into English, may

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not be considered. For the purpose of interpretation and evaluation of theApplication, the Eng lish language translation shall prevail.

2.12 Format and signing of pplication

2.12.1 The Applicant shall provide a ll the information sought under this DFQ. TheAuthority will evaluate only those Applications that are received in the requiredformats and complete in a ll respects. Incomplete and /or conditional Applicationsshall be liable to rejec tion.

2.12.2 The Applicant shall prepare 1 (one) original set of the Application (together withoriginals/ copies of documents required to be submitted along therewithpursuant to this DFQ) and clearly marked ORIGINAL . In addition, the Applicantshall submit 1 (one) copy of the Application, along with documents required tobe submitted along therewith pursuant to this DFQ, marked "COPY". TheApplicant shall also provide 2 (two) soft copies on Compact Disc (CD). In theevent of any discrepancy between the original and the copy, the original shall

prevail.

2.12.3 The Application and its copy shall be typed or written in indelible ink and signedby the authorised signatory of the Applicant who shall also initial each page in

blue ink. In case of printed and published documents, on ly the cover shall beinitialled. All the alterations, omissions, additions or any other amendmentsmade to the Application shall be initialled by the person(s) signing theApplication. The Application shall conta in page numbers and shall be boundtogether.

2.13 Sealing and Marking of pplications

2.13.1 The Applicant shall submit the Applica tion in the format specified at Appendix-  ,together with the documents specified in Clause 2. 13.2, and seal it in anenve lope and mark the envelope as "APPLICATION . The Applicant shall sealthe original and the copy of the Application , together wi th their respectiveenclosures, in separate envelopes duly marking the envelopes as "ORIGINAL"and "COPY". The envelopes sha ll then be sealed in an ou ter envelope whichshall also be marked in accordance with Clauses 2. 13.2 and 2. 13.3.

2.1 3.2 Each envelope shall conta in :

APPLICANT

(i) Applica tion in the prescribed format (Appendix-  ) along with Annexes andsupporting documents;

(ii) Power of Attorney for signing the Application as per the format at Appendix-  ;

(iii) if applicable, the Power of Attorney for Lead Member of Consortium as perthe format at Appendix-Ill ;

(iv) copy of the Jt Bidding Agreement, in case of a Consortium, substantially inthe format at Appendix-IV;

(v) copy of Memorandum and Articles of Association, if the Applicant is a bodycorporate and if a partnership then a copy of its partnership deed; and

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(vi) copies of Applicant's duly audited balance sheet and profit and loss accountfor the preceding five years.

Each of the envelopes shall clearly bear the following identification:

Application for Qualification: for Rail Systems of Navi Mumbai Metro Line 1(the Project  .

and shall clearly indicate the name and address of the Applicant. In addition, theApplication Due Date should be indicated on the right hand corner of each of theenvelopes.

2.13.3 Contact Details:

(i) CIDCO: Superintending Engineer (TP-   , 6th floor, South Wing, CIDCO

Bhavan, CBD-Belapur, Navi Mumbai 400614. Tel. No. +91-22-67918610, Fax

no. +91-22-67918568. E-mail: vijaykamblec [email protected] .in; and

(ii) GC: Head Systems, 4 h Floor, Institution of Engineers, Plot No.1 06, Sector-

15, CBD Belapur, Navi Mumbai-400614. Tel. No. +91 -22-42467300, Fax no.

+91-22-21577973. E-ma il: [email protected].

2. 13.4 If the enve lopes are not sealed and marked as instructed above, the Authorityassumes no responsibility for the misplacement or premature opening of thecontents of the Application and consequent losses, if any, suffered by theApp licant.

2. 13.5 Applications submitted by fax, telex, telegram or e-mail shall not be entertained

and shall be re jected.

2.14 Application/Bid Due Date

2. 14.1 Applications/Bids should be submitted on the Application/Bid Due Date, at theaddress provided in Clause 2. 13.3 (i in the mann er and form as detailed in thisDFQ.

2.14.2 The Authority may, in its sole discretion, extend the Application/Bid Du e Date byissuing an Addendum in accordance with C lause 2.10 uniformly for allAppl icants.

2.15 Late Applications/Bids

Applications/Bids received by the Authority after the specified time on theApplication/Bid Du e Date shall not be accepted.

2.16 Modifications/ substitution/withdrawal of Applications/Bids

2. 16. 1 Any alteration/ modification in the Ap plication/Bid or additional informationsupplied subsequent to the Application/Bid Due Date, unless the same has beenexpressly so ught for by the Authority, shall be disregarded.

APPLICANT TJanuary, 2013

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EVALUATION PROCESS

2 17 Opening and Evaluation of Applications

2. 17.1 The Authority sha ll open the Appl ica tions at 14.30 hours 1ST on the next working

day of Appl ication/Bid Du e Date at th e place specified in Clause 2.13.3 i) andin the presence of the Applicants who choose to attend .

2.17.2 Not used.

2.17.3 The Authority will subsequently examine and evaluate Applications inaccordance with the provisions set out in Section 3.

2.17.4 Applicants are advised that qualification of Applicants will be entirely at thedisc retion of the Authority. Applicants will be deemed to have understood andagreed that no explanation or justification on any aspect of the Bidding Processor se lec tion wi ll be given.

2.17.5 Any information contained in the App lication shall not in any way be construedas binding on the Authority, its agents, successors or assigns, bu t shall bebinding aga inst the Applicant if the Project is subsequently award ed to it on thebasis of such information.

2.17.6 The Authority reserves the right not to proceed with the Bidding Process at anytime without notice or liability and to reject any or all Application s) withoutassigning any reasons thereof.

2 .1 7.7 If any information furnished by the Applicant is found to be incomplete, orcontained in formats other than those specified herein, the Authority may in its

sole discretion, exc lud e the relevant project from co nsideration.

2.17.8 In the event that an Applicant claim s credit for an Eligible Project, and suchclaim is determined by the Authority as incorrect or erroneous, the Authorityshall reject such claim and exclude the sa me from computation of the Eligibil ity.Where any information is found to be patently false or amounting to a materialmi srepresentation, the Authority reserves the right to reject the App lication and/or Bid in accordance with the provisions of Clauses 2.7 .2 and 2.7.3.

2 18 Confidentiality

APPLICANT

Information re lating to the examination, clarification, evaluation, andrecommendation for the short-listed qualified App licants shall not be disclosed toany person who is not officially concerned with the process or is not a retainedprofessional advisor advising the Authority in relation to or matters arising outof, or concerning the Bidding Process. The Authority wi ll treat all information,submitted as part of Appl ication in confidence and will req uire all those whohave access to such materia l to treat the same in conf idence. The Authority maynot divu lge any such information unless it is directed to do so by any statutoryentity that has the power under law to require its disclosure or is to en force orassert any right or privi lege of th e statutory entity and/ or the Authority or as maybe required by law or in conn ection with any legal process.

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the Application is not rejected, the Authority may proceed to evaluate theApplication by construing the particulars requiring clarification to the best of itsunderstanding, and the Applicant shall be barred from subsequently questioningsuch interpretation of the Authority.

2E. QUALIFICATION AND BIDDING

2.21 Qualification and notification

After the evalu ation of Applications, the Authority would announce a list ofqualified Applicants (Bidders), whose Bids would be eligible for evaluation. TheAuthority will not entertain any query or clarification from Applicants who fail toqualify.

2.22 Submission of Bids

The Bidders sha ll submit a Bid in the form and manner set out in the Bidding

Documents. The Bid would have to be submitted along with the qualificationApplication.

Only qualified Applicants Bids would be evaluated. The Applicants are advisedto visit the site and familiarise themselves with the Project by the time ofsubmission of the Application.

2.23 Proprietary data

All documents and other information supplied by the Authority or submitted byan Applicant to the Authority shall remain or become the property of theAuthority. Applicants are to treat all information as strictly confidential and shall

not use it for any purpose other than for preparation and submission of theirApplication. The Authority will not return any Application or any informationprovided along therewith.

2.24 Correspondence with the pplicant

Save and except as provided in this DFQ, the Authority shall not entertain anycorrespondence with any Applicant in relation to the acceptance or rejection ofany Application.

Signature of ApplicantDate:

Chief Engineer SP)

~ ] \ t e

APPLICANTJanuary, 201 3

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3. CRITERIA FOR EVALUATION

3.1 Evaluation parameters

nB J~ ~ r R O

3.1.2 Only those Applicants who meet the eligibility criteria specified in Clause 2.2.2above sha ll qualify for evaluation under this Section 3. Applications of firms/Consortium who do not meet these criteria shall be rejected.

3.1.2 The Applicant's competence and capabil ity is proposed to be established by thefollowing parameters:

(a) Technical Capacity; and

(b) Financial Capacity

3.2 Technical Capacity for pu rposes of evaluation

This has been stipulated in Clause 2 .2.2, A) Technical Capacity. Applicant mustmeet the eligibility criteria for techn ical capacity.

3.3 Details of Experience

3.3.1 This has been stipu lated in Clause 2.2.2, A) Project Experience. The Applicantshould furnish the details of Project Experience for the last 10 (ten) financialyears immediately preceding the Application/Bid Du e Date.

3.3.2 The Applicants must provide the necessary information relating to TechnicalCapacity as per form at at Annex-II of Appendix-  .

3.4 Financial information for purposes of evaluation

3.4.1 The Application must be accompanied by the Au dited Annual Reports of theApplicant (of each Member in case of a Consortium) for the last 5 (five) financialyears, preceding the year in which the Appl ication is made.

3.4.2 In case the annual accounts for the latest f inancial year are not audited andtherefore the Applicant cannot make it available, the Applicant shall give anundertaking to this effect and the statutory aud itor shall certify the same. In such

a case, the Applicant sha ll provide the Audited Annual Reports for 5 (five ) yearspreceding the year for which the Audited Annual Report is not being provided.

3.4.3 The Appl icant must establish the minimum Financial Capacity specified inClause 2.2.2 (B), and provide details as per form at at Annex-Ill of Appendix-I.

3.5 Qualification and short-listing of pplicants

3.5.1 The credentials of eligible Applicants sha ll be recorded in terms of theirTechnical Capacity, Experience Financial Capacity. All Applicants who fulfi llthe conditions of eligibility specified in Clause 2.2.2 and meet the otherconditions specified in this DFQ shall be qualified.

APPLICANTJanuary, 201 3

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4. FRAUD AND CORRUPT PRACTICES

4  1 The Applicants and their respective officers, employees, agents and advisersshall obse rve the highest standard of ethics du ring the Bidding Process.

Notwithstanding anything to the contrary contained he rein, the Authority mayreject an Application without being liable in any manner whatsoever to theApplicant if it determines that the Applicant has, directly or indirectly or throughan agent, engaged in corrupt practice, fraudulent practice, coercive practice,undes irable practice or restrictive practice in the Bidding Process.

4 2 Without prejudice to the rights of the Authority under Clause 4. 1 hereinabove, ifan Applicant is found by the Authority to have directly or indirectly or through anagent, engaged or indulged in any corrupt practice, fraudulent practice, coerciveprac tice, und es irable practice or restrictive practice during the Bidding Process,such Applicant shall not be eligible to participate in any tender issued by theAuthority during a period of 2 (two) years from the date such Applicant is found

by the Authority to have direc tly or indirec tly or through an agent, engaged orindulged in any corrupt practice, fraudulent practice, coercive practice ,undes irable practice or res trictive practice, as the case may be.

4.3 For the purposes of this Clause 4, the following terms sha ll have the meaninghereinafter respectively assigned to them:

APPLICANT

(a) corrupt practice  means (i) the offering, giving, rece1v1ng, or solici ting,directly or indirec tly, of anything of va lue to influ ence the actions of anyperson connected with the Bidding Process (for avoidance of doubt,offering of employm ent to, or employing, or engaging in any mannerwhatsoever, directly or indirectly, an y official of the Au thority who is or has

been associated in any manner, directly or indirectly, with the BiddingProcess or the LOA or has dealt with matters concern ing the Contract orarising therefrom, before or after the execution thereof, at any time prior tothe expiry of one year from the date such official resigns or retires from orotherwise ceases to be in the service of the Authori ty, shall be deemed toconstitute influencing the actions of a person connected with the BiddingProcess); or ii) save and except as perm itted under sub clause (d) ofClause 2.2. 1  engag ing in any manner whatsoever, whether during theBidding Process or after the issue of the LOA or after the execution of theContract, as the case may be, any pe rson in respect of any matter relatingto the Projec t or the LOA or the Contract, who at any time has been or is alegal, financial or technical adviser of the Authority in relation to any matterconcerning the Project;

(b) fraudulent practice means a misrepresentation or omission of facts orsuppression of fac ts or disclosure of incomplete facts, in order to influencethe Bidding Process ;

(c) coerc ive practice means impairing or harming or threatening to impairor harm, directly or indirectly, any person or property to in fluence anype rson's participation or action in the Bidding Process;

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d) undesirable practice means i) establishing contact with any personconnected with or employed or engaged by the Authority with the objectiveof canvassing, lobbying or in any manner influencing or attempting toinfluence the Bidding Process; or ii) having a Conflict of Interest; and

e) restrictive practice means forming a cartel or arriving at anyunderstanding or arrangement among Applicants with the objective ofrestricting or manipu lating a full and fair competition in the Bidding Process .

Signature of App licantDate:

ief Engineer SP)

APPLICANTJanuary, 2013 DOCUMENT FOR Q UALIFICATION · SYSTEMS T URNKEY C ONTRACT

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5. PRE-APPLICATION/BID CONFERENCE

5.1 A Pre-Application/Bid conference of the interested parties shall be convened atthe designated date time and place. Only those persons who have purchased

the RFP document shall be allowed to participate in the Pre-Application/Bidconference. A maximum of three represe ntatives of each Applicant shall beallowed to participate on producing of authority letter from the Applicant.

5.2 During the course of Pre-Applica tion/Bid conference the Applicants will be freeto seek clarifications and make suggestions for considera tion of the Authority.The Authority shall endeavour to provide clarifications and such fu rtherinformation as it may in its so le discretion consider appropriate for fac ilitating afair transparent and competitive Bidding Process.

Signature of ApplicantDate:

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6. MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with,the laws of India and the Courts at Mumbai shall have exclusive jurisdiction over

all disputes arising under, pursuant to and/ or in connection with the BiddingProcess.

6.2 The Authority, in its sole discretion and without incurring any obligation orliability, reserves the right, at any time, to;

a) suspend and/ or cancel the Bidding Process and/ or amend and/ orsupplement the Bidding Process or modify the dates or other terms andconditions re lating thereto;

b) consult with any Applicant in order to receive clarification or furtherinformation;

c) qualify or not to qualify any Applicant and/ or to consult with any Applicantin order to receive clarification or further information;

d) re tain any information and/ or evidence submitted to the Authority by, onbehalf of, and/ or in relation to any App licant; and/ or

e) ind ependently ve rify, disq ualify, reject and/ or accept any and all

submissions or other information and/ or evidence submitted by or onbehalf of any Applicant.

6.3 It shall be deemed that by submitting the Appl ication, the Applicant agrees and

re leases the Authority, its employees, agents and advisers, irrevocably,unconditionally, fully and f inally from any and all liability for claims, losses,damages, costs, expenses or liabi lities in any way related to or arising from theexercise of any rights and/ or performance of any obligations hereunder and theBidding Documents, pursuant hereto, and/ or in connection with the BiddingProcess, to the fu llest extent permitted by applicable law, and waives any and all

rights and/ or claims it may have in this respect, whether actual or contingent,whether present or in futu re.

Signature of ApplicantDate:

APPLICANT

S P ),.,

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To,

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APPENDIX- I

Letter Comprising the Application tor QualificationRef  rClause 2 13.2)

n  U M A I~ ~ ~ £ T W o

Dated:

Superin tending Eng ineer (TP-   ,CIDCO of Maharashtra Limited,6th Floor, CIDCO Bh avan,CBD-Belapur, Navi Mumb  i 400 614,Maharashtra, India.Tel. (+91) -22- 6791 8610.

Sub: Application for Qualification: for Rail Systems of Navi Mumbai MetroLine 1 (the Project ).

Dear Sir,

1. With reference to your DFQ document dated ........ .. . we, having exami ned theDFQ document and understood its contents, hereby submit our Appl ication forQualification for the aforesaid project. The Application is unconditional and unqualified.

2. We acknowledge that the Authority will be relying on the information provided inthe Application and the documents accompanying such Application for qualification ofthe App licants for the aforesaid projec t, and we certify that all information prov ided inthe App lication and in Annexes I to Ill is true and correct; nothing has been omittedwh ich renders such information misleading; and all documents accompanying suchApplication are true copies of their respective originals.

3. This statement is made for the express purpose of qual ifying as a Bidder for theProject.

4. We shall make avai lable to the Authority any additional information it may findnecessary or req uire to supplement or authenticate the Qualification statement.

5. We acknowledge the right of the Au thority to reject our Application withoutassign ing any reason or otherwise and hereby waive, to the fullest extent permitted byapplicable law, our right to challenge the same on any account whatsoever.

6. We certify that in the last three years, we I any of the Consortium Members orour I their Associates have neither failed to perform on any contract I debarred by anyautho rity, nor have been expelled from any project or contract by any au thority nor havehad any contract terminated by any authority for breach on our part.

7. We dec lare that:

APPLICANT

(a) We have examined and have no reservations to the DFQ document,including any Addendum issued by the Authority.

(b) We do not have any co nflict of interest in accordance with Clauses2.2 .1 c) and 2.2  1 (d) of the DFQ document; and

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c) We have not directly or indirectly or through an agent engaged orindulged in any corrupt practice, fraudulent practice, coercive practice,undesirab le practice or restrictive practice, as defined in Clause 4.3 ofthe DFQ document, in respect of any tender or request for proposalissued by or any agreement entered into with the Authority or any other

public sector enterprise or any government, Central or State; and

(d) We hereby certify that we have taken steps to ensure that in conformitywith the provisions of Section 4 of the DFQ document, no person act ingfor us or on our behalf has engaged or will engage in any corruptpractice, fraudu lent practice, coercive practice, undesirable practice orres trictive practice.

8. We understand that you may ca ncel the Bidding Process at any time, withoutincurring any liability to the Appl icants, in accordance with Clause 2.17.6 of the DFQdocum ent.

9. We believe that we/ our Consortium proposed Consortium satisfy(ies) theTechnical Capacity, Project Experience and Financial Capacity criteria and meet(s) allthe requiremen ts as specified in the DFQ docum ent and are qualified to submit a Bid.

10. We dec lare that we/ any Member of the Consortium, or our/ its Associates arenot a Member of a any other Consortium applying for qualification.

11 . We certify that in regard to matters other than secu ri ty and integrity of thecountry, we/ any Member of the Consortium or any of our/ their Associates have notbeen convicted by a Court of Law or indicted or adverse orders passed by a regulatoryauthority which could cast a doubt on our ability to undertake the Project or which

relates to a grave offence that outrages the mora l sense of the community.

12. We fu rther certify that in regard to matters relating to security and integrity of thecountry, we/ any Member of the Consortium or any of our/ their Associates have notbeen charge-sheeted by any agency of the Government or convicted by a Court of Law.

13. We further certify that no investigation by a regu latory authority is pend ing eitheragainst us/ any Member of the Consortium or against our/ their Associates or againstour CEO or any of our directors/ managers/ employees.

14. We undertake that in case due to any change in facts or circumstances duringthe Bidding Process, we are attracted by th e provisions of disqualification in terms ofthe provisions of this DFQ, we shall intimate the Authority of the same im mediately.

15. The Statement of Legal Capacity as per format provided at Annex-IV inAppendix-   of the DFQ document, and duly sign ed, is enclosed. The power of attorneyfor sign ing of application and the power of attorney for Lead Member of Consortium, asper format provided at Appendix II and Ill respectively of the DFQ, are also enclosed.

16. We hereby irrevocably wa ive any right or remedy which we may have at anystage at law or howsoever otherwise arising to challenge or question any decisiontaken by the Authority in con nection with the selection of Applicants, selection of theBidder, or in conn ection with th e se lec tion/ Bidding Process itself, in respect of theabove mentioned Project and the terms and implemen tation thereof.

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17. We agree and undertake to abide by all the terms and conditions of the DFQdocument.

18. We agree and undertake to be jointly and severally liable for all the obligations

of the Contract.

In witness thereof, we submit this application under and in accordance wi th the terms ofthe DFQ document.

Date:Place

APPLICANTJanuary, 2 13

Yours faithfully,

S ignature, name and designation of the Authorised Signatory

Name and seal of the Applicant/ Lead Member

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1 a)

b)

c)

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APPENDIX IANNEX I

Details of Applicant

Name:

Cou ntry of inco rporation:

Address of the corporate headquarters and its branch office s), if any,

in India:

d) Date of incorporation and/ or commencement of business:

2. Brief description of the Company including details of its main lines of business

and proposed role and responsibilities in this Project:

3. Details of ind ividual s) who will serve as the point of contact/ communication

for the Authority:

a) Name:

b) Designation:

c) Company:

d) Address:

e) Telephone Number:

f) E-Mail Address:

g) Fax Numbe r:

4. Particulars of the Authorised Signatory of the App licant:

a) Name:

b) Designation:

c) Address:

d) Phone Number:

e) Fax Number:

5 In case of a Consortium:

a)

b)

c)

APPLICANT

January, 2013

The information above 1-4) should be provided for all the Members ofthe Consortium.

A copy of the Jt Bidding Agreement, as envisaged in Clause 2.2.6 g)

should be attached to the Application.

Information regarding the role of each Member should be provided as

per table below:

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Sl. Name of Member Role Share of work in the ProjectNo. {R efer Clause {Refer Clauses 2.2.6(a), (c) &

2.2.6(d)} 92

12.3.

(d) The fo llowing inform ation sha ll also be provided for each Member ofthe Consortium:

Name of Applicant Member of Consortium:

No. Criteria Yes No

1. Has the App licanV constituent of the Consortiumbeen barred by the Central/ State Government, or

any entity controlled by it, from participating in anyproject (BOT, EPC or otherwise).

2. If the answer to 1 is yes, does the bar subsist as onthe date of Application.

3 Has the ApplicanV constituent of the Consortiumpaid liquidated damages of more than 5  of thecontract value in a contract due to delay or has beenpenalised due to any other reason in relation toexecution of a contract, in the last three years?

6. A statement by the Applicant and each of the Members of its Consortiumwh ere applicable) or any of their Associates disclosing material nonperformance or contractual non-compliance in past projects, contractualdisputes and litigation/ arbitration in the rece nt past is given below (Attachextra sheets, if necessary):

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APPENDIX-IANNEX-II

Technical Capacity Project Experience of the Applicant ®

Refer to Clauses 2.2.2 A), 3.2 and 3.3 of the DFQ)

Member ProjectExperience¥

Applicant type Code* Name**

(Equivalent INR

crores)$

aSingle entity

bApplicant

c \ ....

1a \\,.. /Consortium

1b

Member 1 1c

Consortium

Member 2

2a

2b

2c

3aConsortium

Member 33b

<3c

\ . ~ \

® Provide details of only those projects that have been undertaken by the Applicantunder its own name and or by an Associate specified in Clause 2.2.9. In case theApplication Due Date falls within 3 three) months of the close of the latest financialyear, refer to Clause 2.2. 12.

# An Applicant consisting of a single entity should fill in details as per the row titled

Single entity Applicant and ignore the rows titled Consortium Member. In case of aConsortium, the row titled Single entity Applicant may be ignored. In case credit isclaimed for an Associate, necessary evidence to establish the relationship of theApplicant with such Associate, in terms of Clause 2.2.9, shall be provided.

* Member Code shall indicate NA for Not Applicable in case of a single entityApplicant. For other Members, the following abbreviations are suggested viz. LM

means Lead Member, TM means Technical Member, FM means Financial Member,MM means Maintenance Member, OM means Other Member.

** Project Name shall be specified, as applicable.

¥ Payment received for individual project shall be indicated. In case of ProjectExperience in terms of Clause 2.2.2 A) 2, the details of experience shall beindicated.

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For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees [55(fifty-five)] to a U Dollar. In case of any other currency, the same shall first beconverted to US Dollars as on 19/02/2013, and the amount so derived in U Dollarsshall be converted into Rupees t the aforesaid rate. The conversion rate of suchcurrencies shall be the daily representative exchange rates published by the

International Monetary Fund for the relevant date.

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APPENDIX-I

ANNEX-Ill

Financial Capacity of the Applicant

Refer to Clauses 2.2.2 8), 2.2.4 ii) nd 3.4 of the OFQ)

(In INR croress)

Applicant type Net Cash AccrualsNet Worth

(T3)

Year Year Year Year Year Year

1 2 3 4 5 1

Single entity Applicant

or Lead Member of ( \the Consortium

.

TOTAL· .

(In INR crores5 

ApplicantWorking

Profitability Annual TurnoverCapital

type(T1)

(T2) (T4)

Year Year Year Year Year Year Year1 1 2 3 1 2 3

Single entity

Applicant or

Lead Member

of the

Consortium

TOTAL

Name address of Applicant s Bankers:

s For conversion of other currencies into rupees, see note in Annex 11 of Appendix- 1

APPLICANT

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Instructions:

1. The Applicant shall attach copies of the balance sheets, financial statementsand Annual Reports for 5 (five) years preceding the Application Due Date.

The financial statements shall :

(a) reflect the financial situation of the Applicant;

(b) be audited by a statutory auditor;

(c) be complete, including a ll notes to the financial statements; and

(d) correspond to accounting periods already completed and audited (nostatements for partial periods sha ll be requested or accepted).

2. Net Cash Accruals shall mean Profit After Tax Depreciation.

3. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less(Revaluation reserves + miscellaneous expenditure not written off + reserves

not available for distribution to eq uity shareholders).

4. Year 1 will be the latest completed financial year, preceding the bidding. Year2 shall be the year immediately preceding Year 1 and so on. In case theApplication Due Date falls within 3 (three) months of the close of the latestfinancial year, refer to Clause 2.2.1 2.

5. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall besubmitted in accordance with Clause 2.2.6 (g) of the DFQ document.

6. The applicant shall also provide the name and address of the Bankers to theApplicant.

7. The Applicant shall provide an Auditor s Certificate specifying the net worth ofthe App licant and also specifying the methodology adopted for calculatingsuch net worth in accordance with Clause 2.2.4 (ii) of the DFQ document.

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WE W KE ITI ES

C.A.NO. : 02/CIDCO/RP/SE TP·III)/2012·13n  M B I

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APPENDIX-I

ANNEX-IV

Statement of Legal apacity

(To be forwarded on the letterhead o the Applicant Lead Member o Consortium)

Ref. Date:

To,

Dear Sir,

We hereby confirm that we/ our members in the Consortium (constitution of which

has been described in the application) satisfy the terms and conditions laid out in theDFQ document.

We have agreed that ........... .. ........... inse rt member s name) will act as the Lead

Member of our Consortium.*

We have agreed that . . ... ... .. .. .. . ........ (insert individual s name) will act as our

representative/ wi ll act as the representative of the Consortium on its behalf* and has

been duly authorized to submit the DFQ. Further, the authorised signatory is vested

with requisite powers to furnish such letter and authenticate the same.

Thanking you,

Yours fa ithfu lly,

(Signature, name and designation of the authorised signatory)

For and on behalf of ........... .... ..................

*Please strike out whichever is not applicable.

APPLICANTJanuary, 201 3

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APPENDIX-II

Power of Attorney for signing of Application

Refer Clause 2.2.5)

Know all men by these presents, We ..... .............................. .. ............... (nameof the firm and address of the registered office) do hereby irrevocably constitute,nominate, appoint and authorise Mr/ Ms (name), .................. .. .. .. son/daughter/wife

of ...... .. ............................ and presently residing at ...................... who ispresently employed with us/ the Lead Member of our Consortium and holding theposition of .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. , as our true and lawful attorney (hereinafterreferred to as the Attorney'') to do in our name and on our behalf, all such acts,deeds and things as are necessary or required in connection with or incidental to

submission of our app lication for qualification and submission of our bid for Design,

Manufacture, Supply, Installation, Testing, Commissioning of complete metro

rail system on turnkey basis including Spares, Training of Operation and

Maintenance Personnel, handover to the Authority of the whole equipmentnecessary to comply with the Authority's requirements comprising of Rolling

Stock including Driving Simulator; Signalling & Train Control; Communication

System; Power Supply, Traction & SCADA; Track Works (ballastless for the

main l ine and for the depot); Automatic Fare Collection and Depot Equipment

for Navi Mumbai Metro Line 1 (NMML1 - elevated route about 11.0 km long and

at grade in depot along with the approach lines to the depot) and Rail Systems'

maintenance for three years  (the Project  ) proposed or being developed by TheCity & Industrial Developm ent Corporation of Maharashtra Ltd. (the Authority' )

including but not limited to signing and submission of all applications, bids and otherdocumen ts and writings, participate in Pre-Applications and other conferences andproviding information/ responses to the Authority, representing us in all mattersbefore the Authority, signing and execution of all contracts including the Contract andundertakings consequent to acceptance of our bid, and generally dealing wi th th eAuthority in all matters in connection with or relating to or arising out of ou r bid for thesaid Project and/ or upon award thereof to us and/or till the entering into of theContract with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,deeds and things done or caused to be done by our said Attorney pursuan t to and in

exercise of the powers conferred by this Power of Attorney and that a ll acts, deedsand things done by our said Attorney in exercise of the powers hereby conferredshall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, .............. ........... ...... THE ABOVE NAMEDPRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS .........

DAY OF .. .. ............ .

For

(Signature, name, designation and address)

APPLICANT NTJanuary , 201 3

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Wl U CI Til

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ID O

N  I MUMB I METRO LINE 1

Witnesses:

1.Notarised)

2

Accepted

Signature)

Name, Title and Address of the Attorney)

Notes:

• The mode of execution of the Power of Attorney should be in accordance with theprocedure, if any, laid down by the applicable l  w nd the charter documents of

the executant(s) nd when it is so required, the same should be under commonseal affixed in accordance with the required procedure.

• Wherever required, the Applicant should submit for verification the extract of thecharter documents and documents such as a board or shareholders  resolution/power of attorney in favour of the person executing this Power of Attorney for thedelegation of power hereunder on behalf of the Applicant.

• For a Power of Attorney executed nd issued overseas the document will alsohave to be legalised by the Indian Embassy and notarised in the jurisdictionwhere the Power of Attorney is being issued. Ho wever, the Power of Attorneyprovided by Applicants from countries that have signed the Hague LegislationConvention 1961 are not required to be legalised by the Indian Embassy i itcarries a conforming Appostille certificate.

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C.A.NO.: 02/CIDCO/RP/SE TP·III)/2012·13N VI MUMB I METRO LIN E

APPENDIX-Ill

Power of Attorney for Lead Member of Consortium

Refer Clause .5)

nrn  M V M N

Whereas The City & Industrial Development Corporation of Maharashtra Ltd. ( theAuthority ) has invited applications from interested parties for the Design,

Manufacture, Supply, Installation, Testing, Commissioning of complete metro

rail system on turnkey basis including Spares, Training of Operation and

Maintenance Personnel, handover to the Authority of the whole equipment

necessary to comply with the Authority's requirements comprising of Rolling

Stock including Driving Simulator; Signalling & Train Control; Communication

System; Power Supply, Traction & SCADA; Track Works (ballastless for the

main line and for the depot); Automatic Fare Collection and Depot Equipment

for Navi Mumbai Metro Line 1 (NMML1 - elevated route about 11.0 km long and

at grade in depot along with the approach lines to the depot) and Rail Systems'maintenance for three years (the Project ) .

Whereas, .. .. .. .......... .... . , .. .. .. .. .. .. .. .. and .. .. .. .. .. .. .. .. .. .. .. .. . (collectively theConsortium ) being Members of the Consortium are interested in bidding for the

Project in accordance with the terms and conditions of the Document for Qualificationdocument (DFQ), Request for Proposal (RFP) and other connected documents inrespect of the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of

them as the Lead Member with all necessary power and authority to do for and on

behalf of the Consortium, all acts, deeds and things as may be necessary in

connection with the Consortium bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, M/s......... . ... .. .... .... ... having our registered office at .................... .. .. .. , M/s.

.. .. .. .. .. . . .. .. .. .. .. ... having our registered office at .. .. .. .. .. ............. .. . and M/s

.. .. .. .. .. .... .. .. .. . . ... having our registered office at ...... .. ........ .. .. .... .. , (hereinafter

collectively referred to as the Principals ) do hereby irrevocably designate,nominate, constitute, appo in t and authorise M/s .. .. . . .. .. .. . . . . .. .. ... having its

registered office at .... ...... ................ being one of the Members of the Consortium,as the Lead Member and true and lawful attorney of the Consortium (hereinafterreferred to as the Attorney ). We hereby irrevocably authorise the Attorney (with

power to sub-delegate) to conduct all business for and on behalf of the Consortiumand any one of us during the bidding process and, in the event the Consortium is

awarded the contract, during the execution of the Project and in this regard, to do onour behalf and on behalf of the Consortium, all or any of such acts, deeds or things

as are necessary or required or incidental to the qualification of the Consortium andsubmission of its bid for the Project, including but not limited to sign ing andsubmission of all applications, bids and other documents and writings, participate in

bidders and other conferences, respond to queries, submit information/ documents,sign and execute contracts and undertakings consequent to acceptance of the bid of

the Consortium and generally to represent the Consortium in all its deal ings with theAuthority, and/ or any other Government Agency or any person, in all matters in

APPLICANTJanuary , 201 3 DOCUMENT FOR QUALIFICATION- SYSTEMS TURNKEY CONT

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connection with or relating to or arising out of the Consortium bid for the Project and/or upon award thereof till the Contract is entered into with the Authority.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,deeds and things done or caused to be done by our said Attorney pursuant to and in

exercise of the powers conferred by this Power of Attorney and that all acts, deedsand things done by our said Attorney in exercise of the powers hereby conferredsha ll and shall always be deemed to have been done by us/ Consortium.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVEEXECUTED THIS POWER OF ATTORNEY ON THIS DAY OF

For .  ... . .....

S ignature)

(Name Title)

For .... . ........ ...... ... ... .(Signature)

(Name Title)

For .  ... ..... .  ..(Signature)

(Name Title)

Witnesses :

2

(Executants)

(To be executed by a ll the Members of the Consortium)

Notes:

• he Consortium members can submit separate Power o Attorney in favour o

Lead Member

APPLICANTJanuary, 2013 DOCUMENT FOR QUALIFICATION · SYSTEMS TURNKEY CONTR

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• The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable l  w nd the charter documents of

the executant(s) and when it is so required, the same should be under commonseal affixed in accordance with the required procedure.

• Also, wherever required, the Applicant should submit for verification the extractof

the charter documents nd documents such as a board or shareholders resolution/ power of attorney in favour of the person executing this Power of

Attorney for the delegation of power hereunder on behalf of the Applicant.

• For a Power of Attorney executed and issued overseas, the document will alsohave to be legalised by the Indian Embassy and notarised in the jurisdiction

where the Power of Attorney is being issued. However, the Power of Attorneyprovided by Applicants from countries that have signed the Hague LegislationConvention 1961 are not required to be legalised by the Indian Embassy if itcarries a conforming Appostille certificate.

• Please strike out whichever is not applicable

APPLICANT

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C DCOWf W U CITifS

CoAoNOo: 02/CIDCO/RP/SE TP-111 /2012-13NAV IMUMBAI METRO LINE 1

APPENDIX IV

Joint Bidding Agreement

Refer Clause 2 3 2 

(To be executed on Stamp paper of appropriate value)

nmm I S J~ l o

THIS JOINT BIDD ING AGREEMENT is entered into on this the day of

.... .. .. .. .. 20..

AMONGST .10 {.. ..... .. .. . , a company incorporated under the relevant law} and having its

AND

registered office at .0 ........ . (hereinafter referred to as the First Part  which

expression shall, unless repugnant to the context include its successors and

permitted assigns)

2. { .......... .. , a company incorporated under the relevant law} and having its

AND

registered office at .0 0.. .... . (hereinafter referred to as the Second Part which expression shall , unless repugnant to the context include its successors

and permitted assigns)

3. {.. .. ... .... . , a company incorporated under the relevant law} and having its

registered office at .. .. .... .. .. (hereinafter referred to as the Third Part which

expression shall, unless repugnant to the context include its successors and

permitted assigns)}

The above mentioned parties of the FIRST, SECOND and THI RD PART are

co llectively referred to as the Parties and each is individually referred to as

a Party

WHEREAS,

(A)

PPLIC NT

The City Industrial Development Corporation of Maharashtra Ltd.,(here inafter referred to as the Authority ) hav ing its principal office at CIDCO

Bhavan, CBD-Belapur, Navi Mumbai 400614, Maharashtra, India and

represented by its Vice Chairman Managing Director which expression

shall, unless repugnant to the context or meaning thereof, include itsadministrators, successors and assigns, has invited applications (the

Applications ) by its Document for Qualification C.A. NO .

02/CIDCO/RP/SE(TP-   )/201 2-13) dated ... ... ..... (the DFQ ) for qualification

and short-list ing of bidders fo r Design, Manufacture, Supply, Installation,Testing, Commissioning of complete metro rai l system on turnkey basisincluding Spares, Training of Operation and Maintenance Personnel,handover to the Authority of the whole equipment necessary to complywith the Authority's requirements comprising of Rolling Stock includingDriving Simulator; Signalling Train Control; Communication System;Power Supply, Traction SCADA; Track Works (ballastless [ Q f ~ l b P

x.\1 GER G 9.

<: ><Q 0<::

:c\L :1 T

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n M U > . I I Ir : . ~ o . :N VI MUMB I METRO LINE

line and for the depot); Automatic Fare Collection and Depot Equipment

for Navi Mumbai Metro Line 1 (NMML1 - elevated route about 11.0 km

long and at grade in depot along with the approach lines to the depot)and Rail Systems' maintenance for three years (the Project ) through aContract.

(B) The Parties are interested in jointly bidding for the Project as members of aConsortium and in accordance with the terms and conditions of the DFQdocument and other bid documents in respect of the Project, and

(C) It is a necessary condition under the DFQ document that the members of theConsortium shall enter into a Joint Bidding Agreement and furnish a copythereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the terms in bold letters shall, unless the context otherwiserequires, have the meaning ascribed thereto under the DFQ.

2. Consortium

2.1 The Parties do hereby irrevocably co nstitute a Consortium (theConsortium ) for the purposes of jointly participating in the Bidding Process

for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process onlythrough this Consortium and not individually and/ or through any other

Consortium constituted for this Project, either directly or indirectly or throughany of their Associates.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared theselected Bidder and awarded the Project, it shall either Register theConsortium or form an SPV, for entering into an Agreement with theCorporation and for performing all its obligations in terms of the Agreement forthe Project.

4. Role of the Parties

APPLICANT

The Parties hereby undertake to perform the roles and responsibilities asdescribed below:

(a) Party of the First Part shall be the Lead member of the Consortiumand shall have the power of attorney from all Parties for conducting allbusiness for and on behalf of the Consortium during the BiddingProcess and until the Appointed Date under the Contract;

(b) Party of the Second and Third Part sha ll be Other Member of theConsortium.

GE

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5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for allobligations and liabilities re lating to the Project and in accordance with theterms of the DFQ, RFP and the Contract, till such time as the co mpletion of

the Project is achieved in accordance with the Contract.

6. Work share in the Consortium

(a) In case of Consortium, the Parties agree that the proportion of workshare among the Parties in the Consortium shall be as follows:

First Party:

Second Party:

Third Party:

Further, the Lead Member shall have minimum 51   work share in theConsortium and other members shall have minimum 10  work shareeach.

OR

(b) In case of SPV, the Parties agree that the proportion of shareholdingamong the Parties in the SPV shall be as follows:

First Party:

Second Party:

Third Party:

Further, the Lead Member shall have minimum 51 shareholding in theSP V and other members shall have minimum 10  equity share each.

The Parties hereto a lso agree and undertake that the said work share/shareholding of minimum 51 for the Lead Member and minimum 10  forthe other members as the case may be shall always be maintained by theParties during the term of this Agreement.

7. Representation of the Parties

APPLICANT

Each Party represents to the other Parties as of the date of this Agreementthat:

(a) Such Party is duly organised, validly existing and in good standingunder the laws of its incorporation and has all req uisite power andauthority to en ter in to this Agreement;

b) The execution, delivery and performance by such Party of this

Agreement has been authorised by all necessary and appropriate

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o~ U I I B A I~ ~ t T R ON  VIMUMB I METRO LINE

corporate or governmental action and a copy of the extract of thecharter docum ents and board resolution/ power of attorney in favour ofthe person executing this Agreement for the delegation of power andauth ority to execute this Agreement on behalf of the ConsortiumMe mb er is annexed to this Agreement, and will not, to the best of its

knowledge:

i) req uire any consent or approval not already obtained;

i i) violate any Applicable Law presently in effect and havingapplicabi lity to it;

i ii) violate the memorandum and articles of association asapplicab le, by-laws or other applicable organisationaldocum ents th ereof;

iv) violate any clea rance, permit, concession, grant, license or

other governm ental authorisation, approval, judgement, orderor decree or any mortgage ag reement, indenture or any otherinstrument to which such Party is a party or by wh ich suchPa rty or any of its properties or assets are bound or that isotherwise applicable to such Party; or

v) create or impose any liens, mortgages, pledges, claims,security interests, charges or Encumbrances or obligations tocreate a lien, charge, pledge, security interest, encumbrancesor mortgage in or on the property of such Party, except forencumbrances that would not, individually or in the aggregate,have a material adverse effect on the financial condition or

prospects or business of such Party so as to prevent suchParty from fulfilling its ob ligations under this Agreement;

(c) this Agreement is the legal and bind ing obligation of such Party,enforceable in accordance with its terms against it; and

d) there is no litigation pending or, to the best of such Party s knowledge,threatened to which it or any of its Affiliates is a party that presentlyaffects or wh ich would have a material adverse effect on the financialcondition or prospects or business of such Party in the fu lfillm ent of itsobligations under this Agreement.

8 Termination

APPLICANT

This Agreement shall be effective from the date hereof and shall continue infull force and effect until Project completion is achieved under and inaccordance with th e Con tract, in case the Project is awarded to theConsortium. However, in case Consortium is either not qualified for theProject or does not get selec ted for award of the Project, the Agreement willstand terminated in case the Applicant is not qual ified or upon return of theBid Security by the Authority to the Bidder, as th e case may be.

Ja  ary, 201 3T

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9 Miscellaneous

9.1 The Parties hereby agree th at during the term of this Agreement, they shallnot be en titled to assign the rights, benefits and obligations under thisagreement to any third party.

9.2 This Consortium Agreement shall be governed by laws of India.

9.3 The Parties acknowledge and accept th at th is Agreement shall not beamended by the Parties wi thout the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED ANDDELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER:

Signature)

Name)

Designation)

Address)

SIGNED, SEALED AND DELIVERED

For and on behalf of

THIRD PART:

Signature)

Name)

Designation)

Address)

In the presence ofWitness:1

Notes:

SIGNED, SEALED AND DELIVERED

For and on behalf of

SECOND PART:

Signature)

Name)

Designation)

Address)

2

1. The mode of the executi on of the Joint Bidding Agreement should be inaccordance with the procedure, if any, laid down by the Appl icable Lawand the charter documents of the executant s) and when it is sorequired, the same should be under common seal affixed in accordance

with the required procedure.

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r r ID OW£ MAKE ITIES

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n M U M A t;:. (j fio

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2. Each Joint Bidding Agreement should attach a copy of the extract of thecharter documents and documents such as resolution I power ofattorney in favour of the person executing th is Agreement for thedelegation of power and authority to execute this Agreement on behalf ofthe Consortium Member.

3 For a Joint Bidding Agreement executed and issued overseas thedocument shall be legalised by the Indian Embassy and notarized in thejurisdiction where the Power of Attorney has been executed.

• Please strike out whichever is ot applicable

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APPENDIX V

Refer Clause 1 1.1)

NMM Line-1 Information Memorandum

nI 8 A I~ ~ f R

1. INTRODUCTION

1.1 Navi Mumbai

Navi Mumbai covering an area of 344 Sq. Km. is being developed on the

main land across Mumbai Harbour as a counter magnet to Greater Mumbai.

Though the size of Navi Mumbai is 3/4 h of Greater Mumbai, initial target was

to locate about 2 million populations and about 0.75 to 0.80 million jobs in the

new city by the year 2003-2004. Ultimately, the city may be holding over 5

million population and 1.68 million jobs by the year 2031.

1.2 CIDCO's Development

APPLICANT

The State government has, in exercise of the powers contained in the sub

section (1) of Section 113 of the Maharashtra Regional Town Planning Act,

1966 (Act No. XXXVII of 1966) designated as area as the site for the New

Towns to be known in the name of Navi Mumbai and has in exercise of the

powers conferred by sub-section (3A) of Section 113 of the Maharashtra

Regional Town Planning Act, 1966 declared the CIDCO in relation to Navi

Mumbai to be the New Town Development Authority for Navi Mumbai for the

purpose of working as an agent of the State Government fo r executing theworks of developing and disposing land in Navi Mumbai.

N

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CIDCO is engaged in the planned and orderly development of Navi Mumbai.

The planning, design and development of various infrastructure facilities are

being undertaken by a multi-disciplined group of professionals comprising of

Architects, Transportation Planners, Engineers, Economists, etc. headed by a

senior I.A.S. officer who is the Vice-Chairman Managing Director of CIDCOand actively involving various private professional agencies in the

development of various infrastructure works and execution of projects.

1 3 Implementation of Metro Project

Present project is an important Mass Rapid Transit Project; inter nodal

connectivity as envisaged in the Master Plan of Navi Mumbai.

CIDCO has taken up Metro Rail Project from Belapur to Pendhar in the st

stage (Line 1 approx. 11.0 kms), with provision to take up MIDC to

Khandeshwar Line in 2n stage (Line 2 approx. 8.5 kms) and interlinkbetween Pendhar and MIDC in 3rd stage (Line 3, approx. 2.0 kms) for Navi

Mumbai Metro Corridor 1.


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