Volume1 PDF

Nagpur Smart and Sustainable City Development Corporation Limited
(NSSCDCL)
Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works on

Tender SURE Concepts for ABD area under Nagpur Smart City Project
Volume 1
Notice Inviting to Tender (NIT)
And
Instructions to Tenderers
RFP No: NSSCDCL/TENDER/01/2018-19

April 27, 2018
Employer: Project Management Consultant:

Chief Executive officer Grant Thornton India LLP
NSSCDCL Ground Floor, Nagpur Municipal Corporation,
Mahanagar Palika Marg, Civil Lines, Mahanagar Palika Marg, Civil Lines,
Nagpur, Nagpur,
Maharashtra-440001, INDIA. Maharashtra-440001, INDIA.
Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works, PHE works including Associated Civil Works on Tender
SURE Concepts for ABD area under Nagpur Smart City Project

Layout of Tender Documents: -
Disclaimer
The tender documents consist of the following Volumes
Volume 1 Notice Inviting to Tender e -Tender Notice
Annexures 1 to 9 and Form of Tender and Appendices
Volume 2 Conditions of Contract
Part I General Conditions of Contract shall be “FIDIC Conditions of Contract for
Plant and Design-Build – First Edition 1999” (GCC)
Part II Particular Conditions of Contract (PCC)
Volume3 Employer’s Requirements
Section A – General
Section B – Functional
Section C – Design
Section D – Construction
Appendices
Volume 4 Outline Design Specifications
Section 1 – Roads
Section 2 – Bridge Works
Section 3 – Side Walks and Associated Works
Section 4 – Utility Works
Section 5 – MEP Works
Volume 5 Outline Construction Specifications
Section 1 – Roads
Section 2 – Bridge Works
Section 3 – Side Walks and Associated Works
Section 4 – Utility Works
Section 5 – MEP Works
Volume 6 Tender Drawings
Volume 7 Reference Documents:
Sections 1, 2– Occupational Health and Safety and Environmental Manual
Section 3 – Summary of DPR
Section 4 – Geotechnical Investigation Report.
Section 5 – Traffic Studies
Section 6 – Environmental Impact Assessment Report.
Volume 8 Financial Proposal (Pricing Document)
Volume-1: Instructions to Tenderers Page 2

Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works

on Tender SURE Concepts for ABD area under Nagpur Smart City Project
Notice Inviting to Tender (NIT)
Nagpur Smart and Sustainable City Development Corporation Limited

(NSSCDCL)
Maharashtra, India

Nagpur Smart and sustainable city Development corporation Limited

(NSSCDCL) Mahanagar Palika Marg, Civil Lines, Nagpur, Maharashtra-440001,
INDIA.
Telephone: +91-712-2567037, E-mail: ceonsscdcl@gmail.com
Tender SURE Concepts for ABD area under Nagpur Smart City Project.
Notice Inviting Tender (NIT)- SECTION – 1
International Competitive Bidding
Date: April 25, 2018

IFT No: NSSCDCL/TENDER/01/2018-19
1. Nagpur Smart and Sustainable City Development Corporation Limited (NSSCDCL) a

jointly owned company of Nagpur Municipal Corporation (NMC) and Government of
Maharashtra, has been set up for implementation of Nagpur Smart City project.
NSSCDCL invites sealed Tenders/Bids (Single stage – Two Envelope System) for
the construction of works detailed in the Table below
2. The Bidders/Tenderers are required to submit in the e-Portal earmarked slots, one
containing the Earnest money deposit and the details of their capability to undertake the
tender (as detailed in ITT Clause 3and 6), which will be opened first and the second
uploading of documents in the Earmarked slot for the Financial proposal containing the
price tender which will be opened only if the Bidder/Tenderer is found to be qualified to
execute the tendered works. The Bidders/Tenderers are advised to note the minimum
qualification criteria specified in Section 3 of the Instructions to The Bidders/Tenderers
to qualify for award of the Contract
3. Bidding documents can be downloaded from the e-Tendering portal of Government of
Maharashtra web site https://mahatenders.gov.in from April 27, 2018 up to June
11, 2018, 15:00 hours. The documents downloaded from the web site should not be
tampered, and if any such tempering is detected before or after the opening of bids, the
bidder/tenderer shall be disqualified.
4. Pre Bid meeting shall be conducted on May 11, 2018 at 11:00 hours at the designated
place
5. The Bidders/Tenderers shall make on line payment of ₹1,00,000/+GST- (Rupees One
Lakh Plus GST) using e payment gateway. The fees of tender document will be non-
refundable.
6. The Bidders/Tenderers shall submit the Bid/Tender Security Amount(EMD) of INR
3,00,00,000/ ( Rupees Three Crores Only) and shall be paid either on E-Payment
Gateway/Bank Guarantee, If bidder/tenderer proposes to submit the Tender/Bid
Security Deposit through Bank Guarantee then Bank Guarantee ( BG) shall be issued
by one of the Scheduled Banks as defined under section 2(e) of RBI Act 1934 from
Bidder’s/Tenderer's account in favour of the " Chief Executive Officer, Nagpur Smart and
Sustainable City Development Corporation Limited (NSSCDCL) Mahanagar Palika
Marg, Civil Lines, Nagpur, Maharashtra-440001, India.” payable at Nagpur , valid for a
minimum period of 180 days from the last date of submission of proposals. The scanned

copy of the BG should be uploaded along with tender documents of the Technical
Proposal online through https://mahatenders.gov.in in the portal and the original BG
should be submitted to the Office of the chief Executive Officer, Nagpur Smart and
sustainable city Development corporation Limited (NSSCDCL) Mahanagar Palika Marg,
Civil Lines, Nagpur, Maharashtra-440001, India before or on the date and time of
opening the technical bid. The bidder shall have to furnish an undertaking in this regard
on his letter head.
7. Tenders/Bids must be electronically submitted (on-line through internet e-Procurement
web-site (https://mahatenders.gov.in) on or before June 11, 2018,15:00 hours.
The tenders/Bids will be opened on June 14, 2018,11:00 hours in the presence of the
Bidders/ Tenderers who wish to attend at the Office of the CEO, Mahanagar Palika Marg,
Civil Lines, Nagpur, Maharashtra-440001, India.
Cost of Period
Estimated Bid
the Of
Value of the Securit
RFP No Name of the work Document Complet
Work (in Rs y (Rs in
in Rs ion in
Crs) Crs)
Lakhs months
Design and
Construction of
Roads, Bridges,
Culverts,
sidewalks, MEP
NSSCDCL/TE Rs 1
works on Tender Rs 3 18
NDER/01/2018 Rs 600 Crs Lakh+
SURE Concepts Crs Months
-19 GST extra
for ABD area
under Nagpur
Smart City
Project.
8. Key Details and Schedule of Submission are as follows: -

Sr.
Particulars Schedule
No.
Design and Construction of Roads,
Bridges, Culverts, sidewalks, MEP works
1 Request for Proposal
on Tender SURE Concepts for ABD area
under Nagpur Smart City Project
2 Earnest Money Deposit (EMD) INR 3 Crore
Cost of Tender Document
3 INR 1,00,000.00+GST
(Non-Refundable)

Sr.
Particulars Schedule
No.
4 Contract Period 18 Months
April27, 2018 to June 11, 2018, 15:00
5 Sale of Tender Documents
hours
6 Pre-Bid conference May 11,2018, 11:00 hours
NSSCDCL
Mahanagar Palika Marg, Civil Lines,
Nagpur,
7 Venue of Pre-Bid conference Maharashtra-440001, INDIA.
Telephone: +91-712-2567037,
E-mail: ceonsscdcl@gmail.com
Bidders to send the Request for

Information separately for Technical
/Commercial/General as per the Format
11, in Editable Excel Sheet as well as in
pdf format by mail to
8 Clarifications of queries: Chief Executive Officer,NSSCDCL
Nagpur,
Maharashtra-440001, INDIA.
Telephone: +91-712-2567037,
Date & Time of Submission of uploading
document in e-Packet ‘A’, and Technical
9 June 11, 2018, 15:00 hours
submission in e-Packet ‘B’ and
Commercial Proposal, e-Packet ‘C’
June 14, 2018, 11:00 hours
Office of The Chief Executive Officer

Date, Time and Venue of the Bid opening NSSCDCL
10 of document in e-Packet ‘A’, and Technical Mahanagar Palika Marg, Civil Lines,
Nagpur,
document in e-Packet ‘B’
Telephone: +91-712-2567037,
Date, Time and Venue of the Bid opening
Shall be informed to the Qualified
11 of document Commercial Proposal, e-
Technical Responsive Bidders
Packet ‘C’
Seal of Chief Executive Officer,

NSSCDCL, Nagpur


Volume 1
Instructions to Tenderers (ITT)
Section 1 – Special Instructions to Tenderers for e-tendering

Section 2 – General Instructions
Section 3 – Eligibility Criteria
Section 4 - Tender Forms & Annexures
Nagpur Smart and sustainable city Development Corporation Limited (NSSCDCL)

Maharashtra, India


Volume 1
Section- I
SPECIAL INSTRUCTIONS TO TENDERERS
FOR e-TENDERING

Maharashtra, India

SECTION-I SPECIAL INSTRUCTIONS TO TENDERERS FOR e-TENDERING
1. The e-Tendering process of NSSCDCL is enabled through the Portal URL

https://mahatenders.gov.in
2. All the information documents are published under the ‘e-Procurement’ section of Maha
Tenders Portal.
3. No manual offers sent by Post/Fax or in person shall be accepted against e-tenders. Physical
submissions are not allowed unless instructed specifically. Otherwise all such physical
submissions shall be treated as invalid offers and will not be considered.
4. Affixing of digital signature at any one place in the tender document while submitting the
tender shall be deemed to mean acceptance of the terms and conditions contained in the
tender document as well as confirmation of the tender offered by the Tenderer which shall
include acceptance of special directions/terms and conditions incorporated, if any;
5. All the documents, data uploaded and submitted by the Tenderer online shall be digitally
signed by the authorized signatory; the system will be prompting for digital signature
certificate. Thus, it is mandatory for the Tenderer to participating in the e-Tendering to procure
digital signature certificate of Class-2/Class-3 and ‘Company’ Type.
6. Digital Signature Certificates: Tenderer can procure digital signature certificate from any of
the certifying authorities in India.
7. The browser settings required for digitally signing the uploaded documents are listed in the
document ‘Browser Settings’ in the e-Procurement section.
8. In order to participate in an e-Tender, the registered Tenderers need to follow the steps given
below:
a) Open the e-Tendering application by clicking the link available in ‘e-Tendering’ section
of Maha Tenders Portal.
b) Download the ‘Browser Settings’ document and carry out the necessary setting and
root certificates installation as mention in the document. Please note that the computer
user should have administrative rights to the computer to be able to work with e-
Tendering application.
c) Login to the application with your credentials and follow the instructions given in the
document ‘User Manual for Vendors–Tendering Process’ which is available in the ‘e-
Procurement’ section of the Portal.

d) Make payment of tender fee online and the same can be done by accessing ‘Pay
Tender Fees’ option. By this, one will be able to pay the Tender fee through Payment
Gateway. If the transaction is successful, the Tenderer can register his interest to
participate. Without Registration one cannot quote for the Tender/Tender. Download all
the documents by clicking the links Folder “NSSCDCL’s Documents”, which includes
the tender documents along with other relevant information documents.
e) Pay Earnest Money Deposit (EMD) as per the instructions given in the Tender
Document.
f) Upload the tender (Tender) documents as specified in this document, in the same
folder names “Tenderers Documents”. System will prompt for digital signature
certificate while uploading these documents.
g) The Tenderer shall download the relevant documents where the information is to be
filled in, take out the print, fill up the required information and sign, scan the documents
and upload the same in the folder named “Tenderers Documents”.
h) Before submission, Tenderers to verify/ensure that the documents are uploaded

properly.
i) Submit the Commercial Tender (e-Packet C) by filling in the values on the screen. All
the inputs given on this screen need to be digitally signed and saved.
j) e-Packet A shall comprise Documents as per clause 18(I) and technical e-Packet B
shall comprise of the technical Tenders as per clause 18(II), and Commercial Tenders
e-Packet C (Commercial Proposal) as per clause 18(III), and shall be submitted online
on or before the end date and time mentioned for submission of the Tenders of
Schedule of Submission given in Clause 8 of NIT. Submission of e-Packets A, B & C
is mandatory. Physical submissions are not allowed unless instructed specifically.
k) All the documents shall be uploaded before the End Date and Time for uploading the
e-Packets mentioned in items Schedule of Submission given in Clause 8 of NIT
l) The Tenders can be modified by the Tenderer till the End Date and Time for Tender
Submission. However, if a new version of a document is to be uploaded, old version
shall be deleted. Tender creator (NSSCDCL) starts Tender Opening of e-Packet A
after the End Date and Time specified. After which, the Tender Evaluation process
starts.
m) Tenderer to ensure that his Tender is submitted by verifying the ‘Tender Status’ of the
tender in the initial tenders listing screen as ‘Tender submitted’.
9. Intimations about any additional documents will be informed to Tenderers by e-mail through
their mail ID given, OR as mentioned in NIT Clause 8, unless if it is changed with a written

intimation. The Tenderers should also send reply e-mail acknowledging the receipt of such
documents within the 3 days to the e-mail ID: ceonsscdcl@gmail.com
10. In case of any difficulty while uploading the data in the online process, the tenderer should refer
to the mail IDs given on the Maha Tenders Portal, under the e-tendering tab. Also for any query
related to e-tender, System Analyst, Maha Tenders.
11. All Tenderers shall ensure that they have access to the latest available standard documents
published by other organizations including, but not limited to, FIDIC Conditions of Contract for
Plant and Design-Build, First Edition 1999 (General Conditions of Contract), all relevant Indian
Standards, the relevant IRC and MORT&H publications (as applicable) for Roads, Bridges,
Sidewalks and Associated Civil and MEP works.
The recommended design criteria and specifications shall be in accordance with the Codes
and Standards specified in this tender document and relevant Indian Codes of
Practices/Standards. Where the standards and specifications are not available within the
Indian Codes of Practices/Standards, the best international industrial practices/standards in
the industry shall be adopted with the approval of the Engineer. Where international standards
are specifically noted in the tender documents, they shall be followed. The entire proposal
including the design shall be robust and techno-economical.
12. The Contract shall be governed by the documents given in this Tender including Outline
Design Specifications, Outline Construction Specifications and the Employer’s Requirements
and the Employer’s Drawings and the Codes and Standards mentioned therein.
13. All Tenderers are hereby cautioned that the Tenders containing any material deviations or
reservations or conditions as described in Sub-Clause 4.4.1 of Section II of this Volume, shall
be considered as non-compliant, and the Employer reserves the right to disqualify such
Tenders.
14. The Tender prices shall be inclusive of GST and all taxes including duties, cess, insurance,
royalty for excavated material, including the GST etc. (i.e. total cost to the Employer).
However, Employer shall reimburse the GST to the Contractor based on the Invoice for the
GST as per the applicable rates prescribed by Government Notifications.
15. If any additional information is requested by NSSCDCL, then such additional information
should be e-mailed within the period stipulated mentioned in letter or email. If such additional
information is not received within the stipulated time, for such lapses NSSCDCL shall not be
responsible and it will be treated as Non-compliance of the Tenderer with respect to the said
additional information.
16. Tenderers may note that the Employer shall reject a Tender if the Tenderer submits a
conditional tender, stipulates hedging condition/own conditions, and also stipulates a validity
period less than what is stated in the Tender.

17. NSSCDCL reserves the right to reject any or all Tenders without assigning any reason. No
Tenderer shall have any cause of action or claim against NSSCDCL for rejection of his
Tender.
18. Following documents shall be uploaded by the Tenderers in the folder named “Vendors
Folders” in the online e-Tender:
(I) (a) The e-Packet ‘A’ shall contain the following –
1) A copy of the Cash Paid Receipt for the Tender shall be scanned and uploaded.
2) A copy of the Bank Guarantee or cash paid receipt for the Tender Security amount/ EMD
shall be scanned and uploaded
3) Forms specified in the Eligibility Criteria for Pre- Qualification
(II) The e-Packet “B” shall contain the following –
Complete set of Technical Proposals for as per the Employer’s Requirements, the Outline
Design and Construction Specifications, the Employer’s Drawings and Standard Forms as
per ITT shall be submitted. A list of items to be included, as a minimum is given in Clause
3.2.1 and Clause 4.1.4 of Section II of this Volume. It is mandatory to submit e-Packet B.
Bidders shall submit the Physical (Hard Copy) Packet ‘A’ and Packet ‘B’ shall contain
the following –
1. The Original Bank Guarantee referred in 18(I) (a) above, in wax-sealed packets
2. As mentioned at 18(II)
clearly mentioning the Tender Invitation No. NSSCDCL/TENDER/001/2018-19 and
mentioning the Name of the Work Design and Construction of Roads, Bridges, Culverts,
sidewalks, MEP works on Tender SURE Concepts for ABD area under Nagpur Smart City
Project” across all the documents viz DPR, RFP, Designs/Drawings and BoQs, shall be
submitted physically to the
Office of the Chief Executive Officer, NSSCDCL, Nagpur
During the period of time, before date and time specified in the Schedule of Submission
(Clause 8, NIT).
(III) The e-Packet ‘C’ shall contain the following –
The Tenderer shall submit the Commercial Tender (e-Packet C) via online “Commercial
Quote” by filling Complete Financial Proposals. It is mandatory to submit e-Packet C
(Commercial Tender) in the system.
Bidders shall submit the Physical (Hard Copy) Packet ‘C’ of the detailed Price Breakup
as per the line items for the all the packages mentioned at Volume 8 and clearly mentioning
the Tender Invitation No. NSSCDCL/TENDER/001/2018-19 and mentioning the Name of the
Work Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works on Tender

SURE Concepts for ABD area under Nagpur Smart City Project” across all the documents
viz DPR, RFP, Designs/Drawings and BoQs, shall be submitted physically to the
Office of the Chief Executive Officer, NSSCDCL, Nagpur
during the period of time, after the day of the Financial Packet ‘C’ opening confirmed by the
Employer shall reach on the Date specified in the Letter and Mails confirmed by the Employer
of Submission (Clause 8, NIT).
19. The selection will be Bidder who is Technically Responsive and as per the “Least Cost
Selection” method amongst the commercial quotes.
20. If the information, data, design to be uploaded by tenderer in e-tender submission is of more
than 10 MB size, the files (information, data and design) shall be split into 9.5 MB or lesser
size and uploaded serially to form a sequential part of submission as understandable
document.
Note:
1. e -Tendering process is covered under Information Technology ACT & Cyber Laws as
applicable. In e-tendering process some of the terms and its definitions are to be read as
under wherever it reflects in online e -Tendering process.
Start Date read as “Sale Date”
End Date read as “Submission Date”
Supplier read as “Contractor/ Tenderer”
Vendor read as “Contractor/Tenderer”
Vendor Quotation read as “Contractor’s Tender/ Tenderer’s Offer”
Purchaser read as “Department/NSSCDCL”
2. The terms ‘Tender’ and ‘tender’ are used interchangeably in this document. The terms
‘Tender’ and ‘tenderer’ are also used interchangeably in this document. The term RFP
also means tender.


Volume 1
Section- II
GENERAL

Maharashtra, India

TABLE OF SUB-CLAUSES
Sr. Description Page

No. No.
1. GENERAL DESCRIPTION OF THE WORKS ............................................................................. 15
1.1 Relevant information and scope of the works ................................................... 15

1.2 Source of Funds ............................................................................................... 16
1.3 Qualifications of the Tenderer .......................................................................... 16
1.4 Cost of Tendering ............................................................................................. 17
1.5 Site Visits.......................................................................................................... 17
1.6 Site Information ................................................................................................ 17
2. TENDER DOCUMENTS ............................................................................................................. 18
2.1 Content of Tender Documents ......................................................................... 18

2.2 Content of Supporting Documents ................................................................... 18
2.3 Clarification of Tender Documents ................................................................... 19
2.4 Amendment to Tender Documents ................................................................... 20
3. PREPARATION AND SUBMISSION OF TENDERS .................................................................. 20
3.1 Language ......................................................................................................... 20

3.2 Format of Tender .............................................................................................. 21
3.3 Quality Assurance and Quality Plan ................................................................. 21
3.4 Outline Occupational Health, Safety and Environmental Plan .......................... 21
3.5 Tenderer's Technical Proposals ....................................................................... 22
3.6 Project Management Plan ................................................................................ 22
3.7 Outline Tender Programme and Proposed Design Submission and Construction
Programmes ..................................................................................................... 22
3.8 Operation and Maintenance (During Construction and defect liability period) .. 24
3.9 Sub-Contracts .................................................................................................. 24
3.10 Proposals for Use and Reinstatement of Work Areas. ..................................... 24
3.11 Financial ........................................................................................................... 25
3.12 Currencies of Tender ........................................................................................ 25
3.14 Tender Security Amount/EMD .......................................................................... 25
3.15 Deleted ............................................................................................................. 27
3.16 Labour .......................................................................................................... 27
3.17 Sharing with the Other Contractors .................................................................. 27
3.18 Insurance.......................................................................................................... 27
3.19 Request for Clarification and Enquiries and Addenda ...................................... 27

3.20 Late or Delayed Tenders .................................................................................. 28

4. TENDER OPENING AND EVALUATION ......................................................... 28
4.1 Tender Opening ............................................................................................... 28
4.1.3 e-Packet Opening ............................................................................................. 29
4.2 Confidentiality of Tender Information and Copyright ........................................ 33
4.3 Clarification of Tenders..................................................................................... 34
4.4 Evaluation of Tenders on Conformity ............................................................... 34
4.5 Evaluation of Financial Proposals .................................................................... 35
5. AWARD OF CONTRACT ................................................................................. 36
5.1 Award ............................................................................................................... 36
5.2 Employer’s Right to accept any Tender and to reject any or all Tenders ......... 36
5.3 Notification of Award ........................................................................................ 37
5.4 Signing of Agreement ....................................................................................... 37
5.5 Performance Security ....................................................................................... 38
5.5.1 Performance Guarantee, Undertaking and Warranties .................................... 38
5.6 Fraudulent OR Corrupt Practices ..................................................................... 39
5.7 Employer’s Administration and Hierarchy ......................................................... 40
5.8 Incentive: ............................................................................................................ 41
Eligibility cum Evaluation Criteria .......................................................................................................... 42
Section III A: Qualification Requirement ................................................................................................ 43
Form-1: FORM OF TENDER / LETTER OF TENDER .......................................................................... 57
APPENDICES TO THE FORM / LETTER OF TENDER ....................................................................... 65
FORM / LETTER OF TENDER - APPENDIX FT-1 ............................................................................... 66
FORM OF TENDER - APPENDIX FT-2 ................................................................................................ 72
ANNEXURE 1 : REQUIREMENTS FOR OUTLINE TENDER PROGRAMME ..................................... 78
ANNEXURE 2: PREQUALIFICATION CRITERIA UNDERTAKING ..................................................... 79
ANNEXURE 3: REQUIREMENTS FOR TENDERER'S TECHNICAL PROPOSALS ........................... 80
ANNEXURE 4: FORM OF BANK GUARANTEE FOR TENDER SECURITY ....................................... 83
ANNEXURE 5: COPYRIGHT UNDERTAKING ..................................................................................... 85
ANNEXURE 6: FORM OF PERFORMANCE SECURITY (GUARANTEE) BY BANK .......................... 86
ANNEXURE 7: FORM OF CONTRACT AGREEMENT ........................................................................ 88

ANNEXURE 8: STATEMENT OF COMPETENCY OF THE LEAD DESIGNER ................................... 92
Tenderers Qualification.......................................................................................................................... 93
Form ELI -1.1: Tender Information Form ............................................................................................... 94
Form ELI -1.2: Tender's JV/Consortium Information Form.................................................................... 95
Form CON -2: Historical Contract Non-Performance, Pending Litigation and Litigation History .......... 96
Form FIN – 3.1: Financial Situation and Performance .......................................................................... 98
Form FIN – 3.2: Average Annual Construction Turnover .................................................................... 100
Form FIN – 3.3: Financial Resources .................................................................................................. 101
Form FIN – 3.4: Current Contract Commitments / Works in Progress ................................................ 102
Form FIN – 3.5: Tender Capacity ........................................................................................................ 103
Form EXP - 4.1: General Construction Experience ............................................................................. 105
Form EXP - 4.2(a) :Specific Construction and Contract Management Experience............................. 106
4.5 Form EQU: Equipment .................................................................................................................. 110
Form 4.6 Personnel ............................................................................................................................. 111
Form PER-2: Resume of Proposed Personnel ................................................................................... 112
Form 4.11 Statement of Deviations ..................................................................................................... 114
8.Form of Joint Tendering Agreement ................................................................................................. 116
8A. Draft Memorandum of Understanding(MOU) for JV Participation ................................................ 122
9. Form of Legal Capacity / Power of Attorney.................................................................................... 126
Form 10 - Tender Index ....................................................................................................................... 141
Form 11- for seeking clarification on Tendering Documents ............................................................... 142
13. Letter of Undertaking Regarding Confidentiality of Tender Information ........................................ 143
14. Undertaking for Downloaded Tendering Documents .................................................................... 144
15. Sample Format for Banking Reference for Liquidity...................................................................... 145
17. Form of Certificate confirming downloading of all Tendering Documents, Corrigenda and
Addenda .............................................................................................................................................. 146
18. Form of Declaration for non-engagement of any agent, middleman or intermediary .................... 147
19. Form of certificate confirming careful examination of all the contents of Tendering Documents and
signing of all pages of Tenderer’s proposal ......................................................................................... 148
22. Undertaking for obtaining registrations under various fiscal and labour laws ............................... 149
Form 23. COVENANT OF INTEGRITY ............................................................................................... 150
Form 24. Nominated Sub-Contractors................................................................................................. 152
Completion (date) .................................................................................................................................. 152

Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works, PHE works including Associated Civil Works on Tender SURE
Concepts for ABD area under Nagpur Smart City Project
1. GENERAL DESCRIPTION OF THE WORKS
This is the Request for Proposal document for the Design and Construction of Roads, Bridges,
Culverts, Sidewalks, MEP works, PHE works including Associated Civil Works on Tender SURE
Concept.
1.1 Relevant information and scope of the works
1.1.1 Key Relevant information and address for downloading of documents, correspondence and
submission of Tenders are provided in the Notice Inviting to Tender.
More details are as follows:
(a) Period for which the Tender is to be kept valid and open, is 180 (One hundred eighty) days from
the date of submission of Tender. Tenderers shall unconditionally extend the validity when
intimated and warranted by the Employer, and if required in exceptional cases.
(b) Time to commence the works, refer to Item 4 of Appendix FT-1 to Form of Tender, is 15 (Fifteen)
days from the date of receipt of the Letter of Acceptance (LoA).
(c) Time for Completion of the Works, refer to Item 5 of Appendix FT-1 to Form of Tender is 545 (Five
Hundred Forty-Five) days (18 months) inclusive of monsoon periods from the Commencement
Date.
1.1.2 The Permanent and Temporary works shall comprise the Design and Construction of Roads, Bridges,
Sidewalks and Associated Civil,MEP works and PHE works etc. all as per the Employer’s
Requirements, the outline Design and Construction Specifications and the Employer’s Drawings
including but not limited to, the following:
a) Survey and Investigation including Soil Investigation, Topographic Survey, Utilities

Investigation, Existing Water Wells Investigation as necessary (information given in Volume 7
could be used as a reference)
b) Site clearance, including tree felling, tree transplanting, and the fencing, barricading and
securing of the site areas and works areas as per norms; and
c) The demolition of existing buildings, which may or may not be as shown on the drawings, the
exact numbers and locations to be confirmed by the Contractor; and
d) Design and construction of bridges be in accordance with the IRC’s Requirements, Outline
Design and Construction Specifications and Employer’s Drawings.
e) Pier protection barriers shall be provided as approved by the Engineer/Project Management

Consultant.
f) Providing and relocation of existing utilities temporarily as well as permanent measures.; and
g) Traffic management and road works, both temporary and permanent including diversions of
roads and footpaths, temporary decking, pedestrian walkways, and restoration of pavements
and road facilities, etc.; and

h) All Temporary works to be carried out where ever necessary.
i) Construction and maintenance of new and existing roads and diversions, including restoration
to original condition; and
j) Removal, storage and reinstatement of road furniture such as street lighting, traffic signals,
bus shelters/stands, footpaths including kerbs, boundary walls, horticulture works, and any
other work to restore the site to its original condition as stated in the Contract; and
k) All other works as stated in the Employer’s Requirements, the Outline Design and
Construction Specifications and the Employer’s Drawings.
l) Any other work essential for any component as per the standards, the relevant IRC, MORTH
publications and Urban Street Design Guidelines by Ministry of Housing and Urban Affairs
(MoHUA) (as applicable) and norms with best international industrial practices/specifications
in conformity with Indian or international codes.
m) All other allied works necessary as requirement of the project as per the tenderers proposal
in consonant with the Employer’s Requirements. Requirements of various stake holders
including government departments, specialist agencies or institutions noted elsewhere in the
tender documents shall be considered.
1.1.3 The following are some of works which are to be designed, supplied, installed, and commissioned by
the Contractor and shall co-ordinate all MEP requirements at the design stage, during his construction
and integrated testing activities. However, making provisions for all their requirements, including, but
not limited to, fixing points, etc. shall be within the scope of this Contract
(a) Interface with all adjacent and Interfacing Contractors employed by the Employer (NSSCDCL) at
any point of time during construction;
1.1.4 The Scope of Work is also described in Volume 3 (Employer’s Requirement).
1.2 Source of Funds
1.2.1 NSSCDCL has earmarked funds towards eligible payments under the contract(s) for which these
Tendering Documents are issued.
1.2.2 NSSCDCL will take appropriate measures for financing and resource mobilisation.
1.3 Qualifications of the Tenderer
1.3.1 The Tenderer, to qualify for award of Contract, shall submit written Powers of Attorney authorising the
signatories of the Tender.
1.3.2 Each Tenderer (each member in the case of a partnership or Joint Venture or Consortium) is required
to confirm and declare, as stated in the Form of Tender, that no agent, middleman or any intermediary
has been, or will be, engaged to provide any services, or any other item or work related to the award
and performance of this Contract. The Tenderer will have to further confirm and declare, as stated in
the Form of Tender, that no agency commission or any payment which may be construed as an agency
commission has been, or will be, paid and that the financial statements will not include any such

amount. If the Employer subsequently finds to the contrary, the Employer reserves the right to declare
the Tenderer as non-compliant, and declare any Contract null and void, if already awarded to the
Tenderer.
1.3.3 Canvassing or offer of an advantage or any other inducement by any person with a view to influencing
acceptance of a Tender is an offence under the laws of India and any such action will result in the
rejection of the Tender, in addition to other punitive measures.
1.4 Cost of Tendering
The Tenderer shall bear all costs associated with the preparation and submission of his Tender and
the Employer will in no case be responsible or liable for those costs, regardless of the conduct or
outcome of the Tendering process.
1.5 Site Visits
1.5.1 The Tenderer is advised to visit and examine the Site of Works and its surroundings and obtain for
himself on his own responsibility all information that may be necessary for preparing the Tender and
entering into a contract for the proposed Works. The costs of visiting the Site shall be borne by the
Tenderer. It shall be deemed that the Tenderer has undertaken a visit to the Site of Works and is
aware of the site conditions and all other relevant matters, prior to the submission of his Tender.
1.5.2 The Tenderer and any of his personnel will be granted permission by the Employer to enter upon his
premises and lands for the purpose of such inspection, but only upon the express condition that the
Tenderer, and his personnel, will release and indemnify the Employer and his personnel from and
against all liability in respect thereof and will be responsible for death or personal injury, loss of or
damage to property and any other loss, damage, costs and expenses incurred as a result of the
inspection.
1.5.3. The Tenderer shall take note of the General Conditions of Contract Sub-Clause 4.10 and Particular
Condition of Contract, according to which the Tenderer shall be deemed to have taken into account
all the Site Data. The tenderer shall also consider the social and the cultural environment of India that
may affect his Tender or Works.
1.6 Site Information
1.6.1 Work Site
1.6.1.1 The project site is located in Nagpur, the Second Capital of State of Maharashtra in India. The
location of the work and the general site particulars are shown in the General Arrangement Drawings
enclosed in Volume 6.
1.6.1.2 The proposed Works are in the Lakadganj Zone of the NMC.
1.6.1.3 The Contractor shall plan his works taking into account restrictions of approach to site, if any,
imposed by the local Authorities and availability of space and time.

1.6.2 General Climatic Conditions
The climate of Nagpur city is characterized by hot summers and is located in the arid zone.
The cold season is from December to February and is followed by the hot season from March to May.
The southwest monsoon season is from June to September, while the period October-November
constitutes the post-monsoon season. Nagpur gets rainfall during the period of June to September
due to the southwest monsoon. The average rainfall in a day is about 92mm
The Contractor shall collect all necessary information regarding climate condition, wind, rainfall,
cyclone, humidity, visibility, high tide & low tide information etc. from the approved sources, and
design and construct accordingly
1.6.3 Seismic Zone
Nagpur falls in Seismic Zone II.
2. TENDER DOCUMENTS
2.1 Content of Tender Documents
2.1.1 The Tender Documents, as listed in Page 3 of the Notice Inviting to Tender, have been prepared for
the purpose of inviting Tenders for Contract No NSSCDCL/TENDER/001/2018-19, as more
particularly described in these Tender Documents.
2.1.2 The Tenderer is expected to examine carefully the contents of each document in the Tender
Documents. Failure to comply with the requirements of the Tender Documents will be at the Tenderer’s
own risk.
2.1.3 The Tenderer shall not make or cause to be made any alteration, erasure or obliteration to the text of
the Tender Documents.
2.2 Content of Supporting Documents
2.2.1 The Geotechnical Investigation Reports, Traffic Studies as well as Environmental and Safety Manual
and other Reference Documents, are included in Volume 7 of the Tender Documents. The contents
of these reports are for general information only and any interpretation of the results shall be construed
as opinions only and not as representations or warranties as to the actual site or sub-soil conditions.
The Tenderer’s attention is specifically drawn to Sub-Clause 2.2.3 of this ITT.
2.2.2 The Tenderer shall note the existence of over ground, at grade and underground structures, utilities
and infrastructure in the near vicinity of the Works to be maintained, repaired, diverted, replaced and
constructed as directed by the Engineer.
2.2.3 The accuracy or reliability of the documents and reports referred to in this Sub-Clause 2.2 of this ITT
and of any other information supplied, prepared or commissioned at any time by the Employer or
others in connection with the Contract, is not warranted. The Tenderer's attention is drawn to Sub-
Clause 4.10 of General Conditions of Contract and Particular Conditions of Contact in this regard. The
Tenderer should visit, examine and assess the Site including working conditions and will be deemed
to have satisfied himself of the risks and obligations under the Contract.

2.2.4 This RFP includes statements, which reflect various assumptions and assessments arrived at by
the Employer in relation to the Project. Such assumptions, assessments and statements do not purport
to contain all the information that each Tenderer may require. Each Tenderer conduct its own
investigations and analysis and should check the accuracy, adequacy, correctness, reliability and
completeness of the assumptions, assessments, statements and information contained in this
RFP, a nd obtain independent advice from the appropriate sources as required.
Information provided in this RFP to the Tenderer(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an exhaustive
account of statutory requirements and should not be regarded as a complete or authoritative
statement of law. The Employer accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on law expressed herein.
2.3 Clarification of Tender Documents
2.3.1 The Tenderer shall check the pages of all documents against page numbers given in the Index to each
Volume, and in the event of discovery of any discrepancy, the Tenderer shall inform the Employer
forthwith.
2.3.2 Should the Tenderer for any reason whatsoever, be in doubt about the meaning of anything contained
in the NIT, Tender Documents or the extent of detail in the Employer's Requirements, Outline
Specifications and Tender Drawings, the Tenderer shall seek clarification from the Employer, not later
than the last date of seeking clarification given in Clause 8 Key Details of the Notice of Intimation to
Tender Bidders to send the Request for Information separately for Technical /Commercial/General as
per the Format 11, in Editable Excel Sheet as well as in pdf format by mail to
Chief Executive Officer, NSSCDCL

Nagpur, Maharashtra-440001, INDIA.
Telephone: +91-712-2567037,
e- MAIL: ceonsscdcl@gmail.com
Any
such clarification, together with all details on which clarification had been sought, will be copied to all
Tenderers without disclosing the identity of the Tenderer seeking clarification. All communications
between the Tenderer and the Employer shall be conducted through e-mails.
2.3.3 Except for any such written clarification by the Employer, which is expressly stated to be by way of an
addendum to the documents referred to in Sub-Clause 2.4.1 Amendment to Tender Documents of this
ITT, and/or for any other document issued by the Employer, which is similarly described, no written or
verbal communication, representation or explanation by any employee of the Employer shall be taken
to bind or fetter the Employer under the Contract.
2.3.4 The Tenderer may be required to amplify, explain and develop the Tenderer's Technical Proposals in
substantially greater detail during the Tender evaluation period such that they may be confirmed as
complying clearly with all aspects of Volume 3 Employer's Requirements and in accordance with Sub-

Clause 2.4.2 of this ITT, and can be incorporated into the Contract.
2.4 Amendment to Tender Documents
2.4.1 The Tenderer is advised that further instructions to Tenderers, corrigenda and addenda may be issued
during the Tender Period by Amendments to the Tender documents. Without prejudice to the general
order of precedence prescribed by Sub-Clause 1.5 of the General Conditions of Contract, as amended
by Clause 1.1(s) of the Particular Conditions of Contract, the provisions in any such addenda shall
take priority over the Notice inviting to Tender and Tender Documents previously issued. The Tenderer
shall confirm receipt of such documents and list them in the Tender Submittal.
2.4.2 The Tenderer should note that there might be aspects of his Tender and/or the evaluation documents
submitted with the Tender that will necessitate further discussion and clarification. It is intended that
any aspect of the said evaluation documents and any amendments or clarification, which may have a
contractual effect, will be incorporated into the Contract either:
a) by way of Part II Particular Conditions of Contract to be prepared by the Employer and agreed
in writing by the Tenderer prior to and conditional upon acceptance of the Tender; or
b) by the Tenderer submitting, at the written request to the Employer, documents which are
expressly stated to form part of the Tender, whether requested before or after submission of
the documents forming part of the Tender and whether as supplements to, or amended
versions of such documents.
2.4.3 A Bidder shall not have a conflict of interest. A Bidder shall not be employed under any of the
circumstances set forth below throughout the bidding/selection process and/or the execution of the
Contract unless the conflict has been resolved in a manner acceptable to Employer.
A firm shall be disqualified from providing goods or non-consulting services resulting from or directly
related to Consulting services for the preparation or implementation of a project that it provided or
were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common
control with that firm. This provision does not apply to the various firms (consultants, contractors, or
suppliers) only due to the reason that those firms together are performing the Contractor’s obligations
under a turnkey or design and build contract.
A firm that has a close business relationship with the Borrower’s professional personnel, who are
directly or indirectly involved in any part of: (i) the preparation of the prequalification and Bidding
Documents for the Contract, (ii) the prequalification and Bid evaluation, or (iii) the supervision of such
Contract, shall be disqualified.
A firm having any other form of conflict of interest other than (a) through (c) above shall be disqualified
3. PREPARATION AND SUBMISSION OF TENDERS
3.1 Language
The language of the Tender shall be English (India). Documents/information/Supporting

Documents/Certificates in any other language shall be accepted only if accompanied by Translations

certified by Consulates / Embassies in case of foreign Tenderers or gazetted officers conversant with
language of the document. Only English text shall be governing in e-tendering.
3.2 Format of Tender
3.2.1 The Tenderer shall include and submit forms of Eligibility Criteria and Technical Proposal as part of e-
Packet B, the documents that are identified under clause 4.1.4 of this Section II. These documents
ought to be used for the purposes of evaluating and analysing the Tender but will not form part of the
Contract unless the same shall have been expressly incorporated into the Contract in accordance with
Sub-Clauses 2.4.1 or 2.4.2 of this Section II.
3.2.2 There is no exemption of Custom/Excise duties, taxes, GST, Cess or other levies and royalties for
excavated material for this Project. In case, if there are exemptions or concessions in taxes or rate
structure in future, the same shall be passed on to the Employer.
3.2.3 The Tenderer shall quote all prices, rates , costs, royalties including GST and all taxes, duties etc.
However, Employer shall reimburse the GST to the Contractor based on the Invoice for the GST as
per the applicable rates prescribed by Government Notifications.
3.2.4 The Form of Tender (Letter of Tender), which shall be completed by the Tenderer by completing/filling
in the blanks, shall be signed by a duly authorised and empowered representative of the Tenderer with
company’s seal. If the Tenderer comprises of a partnership, or a Joint Venture or Consortium, the
Form of Tender shall be signed by a duly authorised representative of each member or participant
thereof. The Signatures on the Form of Tender shall be witnessed and dated. Copies of relevant
Powers of Attorney and a copy of the agreement entered into by the Joint Venture members shall be
attached.
3.3 Quality Assurance and Quality Plan
3.3.1 The Contractor shall establish and maintain a Quality Assurance System in accordance with Appendix
6 of Volume 3 Employer's Requirements for design, construction procedures and the interfaces
between him and the Interfacing Contractors. This Quality Assurance system shall be applied without
prejudice to, or without in any way limiting, any Quality Assurance Systems which the Tenderer already
maintains.
3.3.2 The Tenderer shall submit Appendix FT-3 of the Form of Tender as part of his Tender Outline Quality
Assurance and Quality Plans illustrating the intended means of compliance with Appendix 6 of Volume
3 Employer's Requirements. The Outline Quality Assurance and Quality Plan shall contain sufficient
information to clearly demonstrate the proposed method of achieving the Tenderer's quality objectives
with regard to the requirements of the Contract.
3.4 Outline Occupational Health, Safety and Environmental Plan
3.4.1 The Tenderer shall submit Appendix FT-4 of the Form of Tender as part of its Tender an Outline
Occupational Health, Safety and Environmental Plan which shall contain sufficient information to
demonstrate clearly the Tenderer's proposals for achieving effective and efficient health, safety &
environment procedures. The Outline Occupational Health, Safety and Environment Plan should

include an outline of the safety procedures and regulations to be developed and the mechanism by
which they will be implemented for ensuring safety as required by Appendix 17 of Volume 3 Employer's
Requirements, Occupational Health, Safety and Environment Plan, and as stated in GCC Clause 6.7,
and PCC Clause 48.
3.4.2 The Outline Occupational Health, Safety and Environmental Plan shall be headed with a formal
statement of policy in relation to health, safety & environment and shall be sufficiently informative to
define the Tenderer's safety plans and set out in summary an adequate basis for the development of
the Site Occupational Health, Safety and Environment Plan to be submitted in accordance with GCC
Clause 6.7 and PCC Clauses 12, 20, 25 & 58.
3.4.3 The Tenderer may be requested to amplify, explain or develop his Outline Occupational Health, Safety
and Environmental Plan and to provide more details with a view to reaching provisional acceptance of
such a plan during the Tender Evaluation process.
3.5 Tenderer's Technical Proposals
3.5.1 The Tenderer shall submit as part of his Tender, the Tenderer's Technical Proposals as described in
Clauses 3.2.1, 3.5.2 and Annexure 3 of this ITT.
3.5.2 The Tenderer shall be required to amplify, explain and develop the Tenderer's Technical Proposals in
substantially greater detail during the Tender evaluation period such that they may be confirmed as
complying clearly with Volume 3 Employer's Requirements and in accordance with Sub-Clause 2.4.2
of this ITT, can be incorporated into the Contract.
3.6 Project Management Plan
3.6.1 In order to ensure satisfactory execution, achievement of Key Dates and timely completion of the
Works, the Tenderer shall submit an outline Project Management Plan as part of his Tender. This
Plan, in co-ordination with the Tender Programme, shall clearly demonstrate the Tenderer’s proposed
management system, methods, procedures, processes, organization, sequences of activities etc.,
required to meet the Key Dates and the Completion Date. A narrative shall describe the sequence,
nature and inter-relationship of the main activities including timing for exchange of information.
3.6.2 Within 30 days of the commencement Date of the Contract, the Contractor shall submit a detailed
Project Management Plan (works programme), based on his outline Project Management Plan
submitted as part of his Tender, which shall be subject to a Notice to proceed by the Employer. The
Employer has the right to require necessary amendments to ensure that Key Dates will be met and
that the requirements for the activities of the Interfacing Contractors have been catered for.
3.7 Outline Tender Programme and Proposed Design Submission and Construction Programmes
3.7.1 The Tenderer shall submit with his Tender, an Outline Tender Programme, including a narrative, which
shall indicate how the Tenderer intends to organise and carry out the Works and achieve Stages and
complete the whole of the Works by the appropriate Key Dates. Detailed requirements for the Outline
Tender Programme are set out in Annexure 1 to these Instructions to Tenderers and Appendix 4 of
Volume 3 Employer’s Requirements.

3.7.2 The Outline Tender Programme shall be prepared in terms of weeks from the Date for Commencement
of the Works.
3.7.3 The Outline Tender Programme shall not in any event be construed as a submission of the Works
Programme under GCC Clause 8.3 or PCC Clause 66.
3.7.4 The Tenderer shall submit with his Tender his proposed Outline Design Submission Programme,
including a narrative, to cover the Design Phase. Such proposed programme shall:
(a) be consistent with the Tender Program and accord with Appendix 4 of Volume 3 Employer's
Requirements;
(b) Make adequate allowance for periods of time for review by authorities whose approval is
necessary;
(c) Include a schedule identifying, describing, cross-referencing and explaining the Design
Packages and Submissions which the Tenderer intends to submit;
(d) take due account of the design co-ordination interface periods during which the Contractor
shall be required to undertake and complete all aspects of design co-ordination with
Interfacing Contractors if any; engaged in the design of the Project such that each contractor
can complete his co-ordinate design/construction in the knowledge that such design will be
compatible and co-ordinate with others and allowing adequate time for the Employer issuance
of a Notice to proceed.
The proposed Outline Design Submission Program submitted at the time of Tender shall be modified
and developed as necessary to incorporate the Employer's programme requirements during the
submission of works programme.
3.7.5 The Tenderer shall submit with his Tender his proposed Outline Construction Programme, including a
narrative, to cover the Construction Phase. Such proposed programme shall include the following:
(a) Tender Programme shall be prepared using software, Primavera latest version and Microsoft
Project
(b) Key Milestones must be linked to the proper Activities of Tender Outline Programme
(c) Tender Program should cover the Detail Design Schedule as per the Key Milestone dates
(d) Logistics plan and programme of for all the Plant and Equipment, pre cast elements and material
need to be submitted along with programme.
(e) Tender Programme should be correlated with the Construction Methods and Logistics Programme
(f) Recourses Chart and Productivity Assumption Narrative shall be submitted along with the Tender
Programme.
The proposed Outline Construction Programme submitted at the time of Tender shall be modified and
developed as necessary to incorporate the Employer's Key Dates requirements during the submission
of the works programme.

3.7.6 The Tenderer's attention is drawn to the requirements of PCC Clause 66 of Part II Particular Conditions
of Contract and Sub-Clauses A7, A8, C5 to C10 inclusive of Volume 3 Employer's Requirements and
the requirements that the proposed Initial Works Programme and Design Submission Programme shall
be submitted within 30 days of the Commencement Date respectively. However, the Tenderer should
note that he may be required to amplify, explain and develop his Outline Tender Programme and the
proposed Outline Design Submission Programme prior to any award of Contract.
3.7.7 The tenderer should furnish the details of the Lead Designers (Detailed Design Consultant) with their
past experience in similar works of detailed design. This submission will be evaluated along with the
Technical proposal for their capacity to undertake the work of Lead Designer. On award of the Contract
to the successful tenderer, the Employer will approve one of the Lead Designers proposed by the
Tenderer, whom the Contractor will appoint within 30 days of receipt of approval. The Employer
decision will be final in choosing and approving one of the competent Lead Designer from the list of
Lead Designers proposed by the Tenderer.
3.8 Operation and Maintenance (During Construction and defect liability period)
3.8.1 The Contractor shall be responsible for maintaining the Works, until the issuance of the Taking-Over
Certificate and for the provision of relevant maintenance manuals and drawings.
3.8.2 The Contractor shall be responsible for making good any and all defects of materials and
workmanship, in the Works during the Defects Liability Period
3.8.3 The Contractor shall be responsible for the security of the Site during the construction phase of the
Contract, until the issuance of the Taking-Over Certificate.
3.9 Sub-Contracts
3.9.1 The tenderer should furnish the details of the Sub Contractors with their past experience in similar
works. The terms and conditions of sub-contracts and/or suppliers and the payments due to them shall
be the sole responsibility of the Contractor and shall be in tune with this contract.
3.9.2 The Contractor shall ensure that any warranties or guarantees from subcontractors and/or suppliers,
still in force at the expiry of the Contract Period or termination of the Contract, are capable of being
assigned to the Employer/ the Engineer.
3.9.3 The Terms and Conditions of the sub-contract are the sole prerogative of the Contractor and are
deemed to be included in the Lump Sum Price.
3.9.4 The sub-contractor shall only be appointed with the prior approval of the Employer/ the Engineer.
3.10 Proposals for Use and Reinstatement of Work Areas.
3.10.1 The Tenderer shall note the provisions contained in Volume 3 Employer’s Requirements –
Construction relating to Works Areas.
3.10.2 The Tenderer shall show, in outline, his proposed site layouts for:
(a) Accommodation and other facilities.

(b) Fabrication and storage areas.
(c) Concrete batching plants and casting yards
The Tenderer shall indicate his proposals for the provision of utility services to his Work Site(s).
The Contractor will be fully responsible for the provision of all utility services necessary for the
construction and completion of the Works as described in Appendix 8 of Volume 3 Employer's
Requirements.
3.11 Financial
3.11.1 The Financial Pricing Document is included in Volume 8. The Tenderer shall complete the Document
in accordance with the instructions given therein and elsewhere in these Tender Documents.
3.11.2 The Tenderer is to note the Key Dates given in Appendix 2B of Volume 3 Employer’s Requirements.
These are to be adhered to strictly, failing which Penalty for not achieving Key Dates as per item 36
of Appendix FT-1 to the Form of Tender of this ITT shall be applied.
3.12 Currencies of Tender
3.12.1 The Tenderer shall quote the price for the Works including GST, However GST component shall be
shown separately and applicable taxes as amended by the Government Authority, in Indian Rupees.
Employer shall reimburse the GST to the Contractor based on the Invoice for the GST as per the
applicable rates prescribed by Government Notifications.
3.12.2 Interim payments/RA bills will be certified and paid in accordance with the provisions of Sub-Clause
14 of the General Conditions of Contract and Clause Nos. 83 to 86 of the Particular Conditions of
Contract. All payments and deductions made by the Employer shall be in Indian Rupees.
3.13 Tender Validity
The Tender shall be valid for a period of 180 (one hundred and eighty) days from the Date of
Submission of the Tenders. In exceptional circumstances, prior to expiry of the original Tender validity
period, the Employer may request that the Tenderers to extend the period of validity for a specified
additional period. The request and the responses thereto shall be made by e-mail. A Tenderer may
refuse the request without forfeiting his Tender Security. A Tenderer agreeing to the request will not
be required or permitted to modify his Tender, but will be required to extend the validity of his Tender
Security for the period of the extension, at no additional cost to the Employer.
3.14 Tender Security Amount/EMD
3.14.1 (i) On line Payment: The Tenderer shall submit acknowledgment for having paid the Tender Security
(EMD) with his Tender, as per the sums stated in Item 2 of Key Details of the NIT. Tenderer are
required to pay the above EMD of INR 60,000,00.00 through online gateway of Maha Tenders, on
or before the end date & time of submission of tender in e-tendering system, failing which, the
Tender shall be treated as non-submitted and any sort of the submissions of such Tenderer shall
not be considered.

Tenderers are requested to keep sufficient amount in their e-wallet to facilitate EMD payments
(i) Physical Submission: In addition to the online payment of EMD as mentioned in 3.15.1(i)
above, the tenderers shall submit Bank Guarantee (valid for 180 days from the date of
submission) for rest of the amount of EMD of INR 2,40,00,000.00 on or before the date & time
of submission specified in Clause 13, Notice Inviting to Tender, to the Office of the CEO
Mahanagar Palika Marg, Civil Lines, Nagpur, Maharashtra-440001, India
(ii) Failing 3.14.1(i) & 3.15.(i) above shall be treated as Non-submittal of the tenders. Please refer
to Section-I, Special Instructions to Tenderers for e-Tendering Clause NO 18 for the Physical
submission of Documents .
3.14.2 The Tenderer is required to furnish Bank Guarantee for the amount stated in Item 2 of Key Details of
the NIT towards EMD. The Bank Guarantee shall be in INR, from a Scheduled Bank in India (meaning
a Bank which has been included in the second schedule of Reserve Bank of India Act 1934 including
RBI approved Scheduled Commercial Foreign Banks) in the form given in the Annexure 4 to this
Volume. The bank guarantee shall be valid for 180 days from the date of submission of the tender.
3.14.3 A scanned copy of the Bank Guarantee towards EMD shall be submitted by uploading in e-Packet A
and the original Bank Guarantee shall be submitted as specified above in 3.14.1
3.14.4 Any Tender not accompanied by an acceptable Tender Security /EMD shall be considered as non-
complaint by the Employer/Engineer and rejected. The Technical package and financial package shall
not be processed further.
3.14.5 The Tender Security shall be forfeited and Bank Guarantee shall be en-cashed:
(i) If tenderer becomes non-responsive or fails to furnish required information in e-Packet-B

even after intimation is given to him,
(ii) If the Tenderer withdraws his Tender during the period of Tender validity specified in the
Form of Tender,
(iii) If the Tenderer having been notified of the acceptance of his Tender by the Employer during
the period of Tender validity,
a) fails or refuses to furnish the Performance Guarantee and/or
b) Fails or refuses to enter into a Contract within the time limit specified.
3.14.6 Refund of Earnest Money Deposit (EMD)
a) EMD of all the tenderers except the lowest Tender (L1) and the second lowest Tender (L2) will
be refunded after evaluation of commercial proposals.
b) EMD of the second lowest Tender (L2) will be refunded after issuance of the Letter of Acceptance
to the lowest Tender (L1).
c) The EMD of the successful Tender will be refunded only after submission of all documents, and
the Contract Agreement is executed.

d) If tenderer becomes non-responsive or fails to furnish the required information in e-Packet-B even
after intimation is given to him, the on line EMD of INR60,000,00.00 shall be forfeited and Bank
Guarantee of INR 2,40,000,00.00 shall be en cashed by Employer.
e) If the successful tenderer refuses to accept the work allotted to them, their EMD will be forfeited.
3.15 Deleted
3.16 Labour
The Tenderer's attention is especially drawn to Sub-Clause 6 of Part 1 General Conditions of the
Contract in relation to the responsibility of the Contractor for obtaining an adequate supply of labour
and complying with the statutory Employment Conditions and all clauses of labour given in the
Particular Conditions of the Contract.
3.17 Sharing with the Other Contractors
The Tenderer's attention is drawn to the requirement that access to the Site or parts of the Site will,
from time to time, have to be shared with Interfacing Contractors and Interfacing Agencies and their
Contractors carrying out works on, or in the vicinity of the Site including, without limitation, works
relating to the Project Contractors, Utility Undertakers or Government Authorities or other statutory
bodies.
3.18 Insurance
The Tenderer's attention is drawn to the provisions contained in Clause 18 of Part I General Conditions
of Contract as well as Clauses 99 to 101 of Part II Particular Conditions of the Contract, and item 27
of Appendix FT-1 Contract Data.
3.19 Request for Clarification and Enquiries and Addenda
3.19.1 Pre-RFP Conference shall be held on the date and time specified in the Schedule of Submission
(Clause 8, NIT). However, the tender queries shall be submitted to the Office of the CEO as specified
via e-mail within the stipulated time prior to Pre-RFP Conference.
3.19.2 The questions raised by all the Tenderers and the responses given, will be Published in the e-portal.
Any modification of the Tender Documents listed in Sub-Clause 2.4 of this ITT which may become
necessary as a result of these questions shall be made by the Employer / the Engineer exclusively
through the issue of an Addendum pursuant to Sub-Clause 2.4 of this ITT. At any time prior to the
Submission Deadline, the Employer may issue an Addendum giving at least 7 days by the means set
out in ITT to all Tenderers who have received the Tender Documents, to amend the Tender
Documents. Bidders to send the Request for Information separately for Technical
/Commercial/General as per the Format 11, in Editable Excel Sheet as well as in pdf format by mail to

Nagpur, Maharashtra-440001, INDIA.
Telephone: +91-712-2567037,

e- MAIL: ceonsscdcl@gmail.com
Tenderers shall immediately acknowledge the receipt of each such Addendum/Corrigendum and ask
for clarifications if any via email addressed to the Contact Person. Any such Addendum/Corrigendum
shall then become part of the Tender Documents and shall be treated as such by the Tenderer. No
statement issued or made by the Employer or its representatives, whether orally or in writing, during
the Tender period shall have any contractual validity unless they are included in an Addendum on
Employer’s portal.
The Tenderer shall incorporate any Addenda to the Tender Documents issued in accordance with
these Instructions to Tenderers into its e-Tender Submission and the Tenderer shall acknowledge
issued Addenda in the Letter of Tender.
3.19.3 Enquiries and responses will be supplied to all Tenderers without identifying the source of the enquiry.
Tenderers may submit requests for revision to the Tender Documents and, in particular, to the
Contract, within the stipulated time. Tenderers shall not submit requests for revision or comments on
the Tender Documents as part of their e-Tender Submission. Requests for revisions or comments on
the Tender Documents are to be provided in a table form with columns for document name, relevant
section numbers, proposed changes, and rationale in a separate column for the proposed changes.
The Employer is not obliged to respond to each comment made by the Tenderers, and the Employer
is not obliged to provide all the comments made by Tenderers to the other Tenderers. If the Employer
accepts a comment, or part of a comment, and that acceptance requires a change to the Tender
Documents, the Employer/the Engineer shall implement that change by issuing an Addendum
The above ITT shall apply unless otherwise notified by the Employer/the Engineer in writing during the
Tender period.
3.20 Late or Delayed Tenders
3.20.1 Being e-tender, the Tenderer will not be able to upload the Tender submissions beyond the date and
time specified in Clause 13, Key Details of NIT. Tenders must be uploaded by the Tenderer on or
before the date and time specified in the Key Details of NIT. And the Employer/the Engineer shall not
be responsible for any kind of delays. The Employer/the Engineer may, at his discretion, extend the
deadline for submission of Tenders by issuing an amendment in accordance with Sub-Clause 2.4 of
this ITT, in which case all rights and obligations of the Employer and the Tenderer previously subject
to the original deadline will thereafter be subject to the deadline as extended.
4. TENDER OPENING AND EVALUATION
4.1 Tender Opening
4.1.1 Tests of responsiveness
Prior to evaluation of tenders, the Authority shall determine whether each tenderer is responsive to the
requirements of the conditions in this tender document. A tender shall be considered responsive only
if:

i it is received as per format specified in Clause 3.2;
ii it is received as e-tender within the due date including any extension thereof;
iii it is submitted as stipulated in Clauses 3.1 to 3.11;
iv it is accompanied by the Power of Attorney as specified in Clause 1.3.1 of Section II of ITT and
in the case of Joint Venture/Consortium, the Power of Attorney as specified in Clause 3.2.4 and
RFP documents;
v it contains all the information and documents (complete in all respects) as requested in this
tender Annexures 1 to 8, Form of Tender - Appendices FT-1 to FT - 5 and Forms attached.
vi it is accompanied by the Joint Tendering Agreement (for Joint Venture), specific to the Project
vii it does not contain any condition or qualification.
4.1.2 e-Technical Packet: The Tenderer is advised that the Employer's policy in respect of comparison of
Tenders is that the Technical Packets will be opened and assessed to determine their acceptability
and responsiveness to the Employer's Requirements, Outline Specifications and Tender Drawings.
Unacceptable and unresponsive Tenders will be rejected and the corresponding Financial Packet will
not be processed. Only after the technical evaluation has been completed, the financial Packets will
be opened for those technical Packets found to be acceptable.
A responsive Tender is one, which conforms to all the terms, conditions and specifications of the
Tender Documents without material deviation or reservations or which does not include conditions,
exceptions, exclusions and qualifications.
A material deviation or reservation is one which affects in any substantial way the scope, quality,
performance or administration of the works to be undertaken by the Tenderer under the Contract, or
which limits in any substantial way, the Employer's rights or the Tenderers obligations under the
Contract as provided for in the Tender Documents and/or is of an essential condition, the rectification
of which would affect unfairly the competitive position of other Tenderers presenting responsive
tenders at a reasonable price.
The decision of the Employer as to which of the Tenders are not substantially responsive shall be final
and binding.
4.1.3 e-Packet Opening
(I) e-Packet ‘A’ and Physical Submission:
e-Packet ‘A’ and physical submission shall start at the specified Date & Time as mentioned in
Schedule.
Firstly, the online e-Packet ‘A’ shall be verified for following contents –
1) A scanned copy from the original document of forms of Eligibility Criteria in Section 4 duly signed by
the tenderer’s Authorized signatory with company seal
2) A scanned copy from the original document of the Bank Guarantee (Valid for 180 days from date of

submission) for the EMD.
And
3) The Original Bank Guarantee referred in (1) & (2) above submitted physically in sealed packets
clearly mentioning the Tender Invitation No. & Name of the Work.
4) The tenderers failing to furnish any of the above requirements will be considered as non-responsive
and the tenderer will be disqualified and the further evaluation will not be continued
(II) The Technical e-Packet “B” shall contain the following – Complete set of Technical Proposals as per
the Employer’s Requirements, the Outline Design and Construction Specifications, the Employer’s
Drawings and Standard Forms as per ITT shall be submitted. A list of items to be included, as a
minimum is given in Clauses 3.2.1 & 4.1.4 of Section II and Annexure 3 of this Volume. It is mandatory
to submit Technical e-Packet B. In physical form to assist in the evaluation, NSSCDCL may ask for
clarifications on the submitted proposals. The request and the response to clarification will be
communicated via e-mail and change in Price or Specification of the offer is not permitted in e-
tendering. The Tenderers found responsive shall be asked to produce the original documents, of the
scanned copies which are uploaded, if required. The original documents shall be produced for
verification in stipulated time from the date of intimation.
Technical packets will be evaluated as per Technical Merit Criteria. Only the tenderer who qualifies in
the Technical Merit Criteria (Clause 4.1.4 of this Section) will be considered as responsive for opening
the corresponding financial Tender, i.e. e-Packet ‘C’.
Any effort by any prospective firm to influence the NSSCDCL’s processing of proposals and/or award
decisions may result in rejection of the proposal of that firm.
4.1.4 The Technical proposal in the e-Tender will be evaluated for the Technical Merit Criteria set out in the
following Table:
Sr. Category Remarks

Technical Merit Criteria Reference**
No.
Overall Tender submission
1 General Curable
Quality
Drawings (Layouts, GAD, Volume 6,
2 Preliminary design and typicalAnnexure 3 of Curable
detail drawings) ITT
Section B-
Technical Proposals with
Volume 3,
3 preliminary Design Curable
Annexure 3 of
Calculations
ITT
Compliance of Volume 3
Clause 3.6.2 of
4 Employer’s Requirements Not Curable
ITT
including Scope of Works
Any deviation to design
Validating Employer’s Outline
Volume 4 & parameters, design criteria,
5 Design Construction Not Curable
Volume 5 design load and material
Specifications
specification will be non-curable.

Sr. Category Remarks

Technical Merit Criteria Reference**
No.
6 Lead Designer (DDC) Annexure 8 of ITT Curable
7 Project Management Plan Clause 3.7 of ITT Curable
Outline Tender Programme

and Proposed Design Annexure 1 of ITT,
Deviation from completion time
Submission Programme and Volume 1 &
8 Not Curable and key dates will be non-
Proposed Construction Appendix 2B of
curable.
Programme & Key Dates Volume 3
confirmation
Deviation from environmental
Control of Environmental Annexure 17,
9 Not Curable requirements specified will be
Impacts and Plan Volume 3
non-curable.
Quality Assurance and Appendix 6,
11 Quality Plan, Quality Control, Appendix 8 of Curable
Outline OHSE Plans Volume 3
Construction Plan and Curable
Methodology for Bridges,
12 Annexure 3 of ITT
Roads, sidewalks . including
traffic and utility proposals
Curable
Clause A15-
13 Organisation and staffing
Volume 3
Deployment of Plant and Curable
14 Machinery & Specialist Sub
Contractor
Power Point Presentation as Curable
per the proposed designs and Clause 4.4.2 of
15
Technical Submission by the ITT
Tenderer
Curable
Proposals for Use and Section 3.11 of
16
Reinstatement of Work ITT
Curable
17 Maintenance Plan Section 3.9 of ITT
Logistics covering Curable

transportation of precast
18 Annexure 3 of ITT
elements, fill material, plant
and equipment.
Note:-
1. ** “Reference” quoted in the above table are for tenderer’s reference only, and they are not
exhaustive. The Tenderer shall refer to the complete Tender Documents.
2. If tenderer’s submission is unsatisfactory, for any of the items marked curable, he may be
given a chance to revise and resubmit within the time stipulated.
3. It’s mandatory to submit Technical submission in e-Packet B as per the Employer’s

Requirements.

4. If the tender submission is not in consonance with the Employer’s Requirements, or Outline
Design and Construction Specifications, or Clause 1.1 of ITT or not based on the Standards
and Codes of Practices referred in this tender document, the application/tender will be
disqualified in the technical evaluation.
5. The Tenderer as a minimum has to submit details for all items mentioned in the above Table
Technical Merit Criteria, failing which the Employer with his discretionary power may reject
such submissions.
6. The Tenderer(s) shall meet the Technical Merit Criteria, for the Technical Proposal(s) to
qualify for further processing of their submission.
7. Power Point Presentation, only Tenderers technically qualified will be called for presentation
Sr. No. Description
1 Power Point Presentation as per proposed designs & technical submission by the
Tenderer.
A Power Point Presentation based on the proposed designs and technical submission by the
Tenderer will be the last part of the Technical Evaluation. The tenderers will be intimated Date &
Timing of the presentation. 30 minute duration will be allotted for each tenderer to present their
proposal. It is mandatory that the Project Manager whose name is proposed in the tender should
make the above presentation to the Committee.
8. The Employer reserves the right to accept or reject any or all proposals without assigning any
reason. No Tenderer shall have any cause of action or claim against the Employer for rejection of his
proposal.
4.1.5 Financial Package: The date, time and place of opening of Financial Packages will be informed to
the Tenderers whose Technical Packages have been found responsive, so that they can be present
at the time of opening of the Financial Packages.
4.1.6 Financial Packet Opening
On the opening date and time (Price Tender opener filled online date and time) of the e-Packet C, the
Employer will open the commercial online Tender submitted by the Tenderers. A Tender comparison
report would be generated by the system which will give ranking of the Tenderers according to the
lump sum price quoted.
4.1.7 Tenders will be checked for compliance in accordance with these Instructions to Tenderers.
1) The tender will be evaluated as follows:
a) Technical evaluation: - The Tenderers qualifying in the technical evaluation will only be
eligible for the financial Tender opening (i.e. Packet C). If the tenderer’s submission is not
in accordance with the Employer’s Requirements including overall design based on Clause
12 of Section I and Clause 1.1 of Section II of this Volume, the tenders will be disqualified

in the technical evaluation.
b) Financial evaluation: - Financial Tender comparison report will be generated by the

system amongst the commercial quotes of the Commercial Tender e-Packet C. The final
selection will be as per the “Least Cost Selection” amongst the commercial quotes.
c) If the successful tenderer refuses to accept the work allotted to him, further the next lowest
tenderer (L2) in the ranking list of the responsive tender shall be given the chance at the
discretion of the Employer.
4.2 Confidentiality of Tender Information and Copyright
4.2.1 The Tender Documents, as listed in Page 3 of the Notice Inviting to Tender of this Volume 1, and any
addenda thereto, together with any further communications, are issued for the purpose of inviting
Tenders only.
Tenderers shall keep, and shall cause their employees, subcontractors, advisors, representatives
and agents to keep, the Tender/ RFP Documents and all other information and correspondence with
respect to either the Project or the Tender Process confidential and shall not disclose any such
documents or information to any third party without the Employer’s prior written approval; provided,
however, that a Tenderer may disclose such information to third parties to the extent necessary for
such Tenderer to prepare its e- Tender/ RFP Submission if such third party agrees in writing to keep
all such information and documents confidential. Tender/ RFP Documents are the property of the
Employer and are lent to the Tenderers for the purpose of preparation and submission of their e-
Tender/ RFP Submissions only. In the event that a participant does not submit an e- Tender/ RFP
Submission, such participant shall promptly return the Tender/ RFP Documents to the Employer.
The Tender/ RFP Documents may not be copied or used for any other purpose.
The Tenderer shall maintain complete confidentiality until the Contract is awarded. In the event that
such confidentiality is breached, the Employer may, at his sole discretion, reject his Tender. The
Tender Drawings and documentation prepared by the Employer shall be used solely for the design of
the works. They shall not be used in part, whole or altered form for any other purpose without the
express permission in writing of the Employer. A Letter of Undertaking is attached in Annexure 5 of
this ITT, and shall be completed by the Tenderer and submitted with the Technical Package.
4.2.2 Information relating to the evaluation of Tenders and recommendation of Contract Award shall not be
disclosed to Tenderers or any other persons not officially concerned with such process until such
information on Contract award is communicated to successful Tenderer.
4.2.3 Any attempt by a Tenderer to influence the Employer or any of his staff in the evaluation of the Tenders
or Contract Award decisions will result in the rejection of his Tender.
4.2.4 Right to Information ACT 2005
Tenderers are advised that the Employer is subject to the requirements of the Right to Information Act
2005 (the “Act”). If a Tenderer considers that any of the information supplied with their e-Tender
Submission is either commercially sensitive or confidential in nature, this shall be highlighted and the

reasons for its sensitivity specified. In such cases, the relevant material shall, in response to a request
under the Act, be examined in the light of the exemptions provided for in the Act.
The Employer will consult with the Tenderer about any such sensitive information before making a
decision on any freedom of information request received.
In the event that the Employer determines that it must release, in accordance with the Act, particular
information relating to the e-Tender Submission which has been identified as sensitive, the Tenderer
will have the option of appealing this determination. Tenderers are advised to obtain advice with
respect to the Act, and if no information is identified by the Tenderer as sensitive, with supporting
reasons, then it is likely to be released in response to a request under the Act.
The Tenderers shall note that the Employer may make public the amount of all e-Tender Submissions
and may publish the name of the successful Tenderer.
4.3 Clarification of Tenders
4.3.1 To assist in the examination, evaluation and comparison of Tenders, the Employer may, at his
discretion, ask any Tenderer for clarification of his Tender. The request for clarification and the
response shall be via email, but no change in the substance of the Tender shall be sought, offered or
permitted.
4.3.2 If a Tenderer does not provide clarifications sought under Clause 4.3.1 above, within the prescribed
time, the Employer will proceed to evaluate the tender by construing that the particulars requiring
clarification to the best of understanding. After which, the tender may become non-responsive.
4.4 Evaluation of Tenders on Conformity
4.4.1 The Technical Proposal shall be subjected to detailed evaluation under the following heads:
a) Conformity
The Employer will determine whether the Technical Proposal conforms substantially to the
requirements of the Tender Document Volumes 2 to 6.
b) Material Deviation or Reservation
A material deviation or reservation is one:
• which affects in any substantial way, the scope, quality or performance of the Contract;
or
• which limits in any substantial way, the Employer's rights or the Tenderer's obligations
under the Contract; or
• whose rectification would affect unfairly the competitive position of other Tenderers.
c) Conditional Proposal
A Technical Proposal will be deemed unacceptable if it contains any qualification which:
• seeks to shift to the liability allocated to the Contractor; or

• includes a deviation from the Tender Documents which would render the Works, or any part
thereof, unfit for their intended purpose; or
• fails to submit a Project Management Plan and/or Outline Tender Program; or
• fails to commit to the Key Dates as specified in Volume 3.
d) The Tenderer shall be required to amplify, explain and develop the Tenderer's Technical
Proposals in substantially greater detail such that they may be confirmed as complying clearly
with Volume 3 Employer's Requirements and in accordance with Sub-Clause 2.4.2 of this ITT,
can be incorporated into the Contract.
4.4.2 The proposed Project Manager of the Tenderer shall make a presentation to the Employer to
demonstrate their understating of the project. The presentation shall cover all the design and
construction aspects, the program, environmental aspects, and statutory regulations. The presentation
may include a 3D walk through. The date, time and venue for such presentation will be conveyed
separately to the qualified tenderers via email.
4.4.3 Technical Proposals considered being non-conforming, not substantially compliant and not fulfilling
the requirements of the Tender Documents, evaluated as per Sub-Clause 4.1 and 4.2 of this ITT shall
be rejected by the Employer and the Tenderer shall not subsequently be permitted to make any
changes or corrections to, or withdrawals of the non-conforming deviation or reservation.
4.4.4 If any Technical Proposal is rejected, pursuant to Sub-Clause 4.4 of this ITT, the Financial Package(s)
of such Tender will not be opened.
4.5 Evaluation of Financial Proposals
4.5.1 The Employer shall notify all technically qualified Tenderers to attend the opening of the financial
proposals. The Financial proposals will then be opened in front of the attending Tenderers, as per
Sub-Clause 4.5.2 of this ITT.
4.5.2 For all those technical proposals which are turned responsive, Commercial proposal will be opened.
4.5.3 The Financial packet will then be evaluated as stated in Clauses 4.1.5 to 4.1.7 of Section II of this
Volume.
4.5.4 The Tenderer will submit the Commercial Tender (e-Packet C) via online in “Commercial Quote” by
filling Complete Financial Proposals.
4.5.5 On the opening date and time (Price Tender opener filled online date and time) of the e-Packet C, the
Employer will open the commercial online Tender submitted by the Tenderer in which Tender
comparison report would be generated by the system which will give ranking of the Tenderers
according to the lump sum price quoted.
4.5.6 A comparison report of the Commercial Tender (e-Packet C) will be generated by the system, Subject
to clause 4.1.6, Section II of this volume.

Subsequently, at the discretion of the Employer, the selection for one or two packages will be
considered as per Clause 4.5.8 of Section-II of this Volume subject to “Least Cost Selection” method
beneficial to the Employer.
4.5.7 Duties and Taxes
4.5.7.1 The overall cost to the Employer shall include all duties, royalties and taxes such as customs duty,
GST etc. as detailed below.
i) the price of an imported item, the price has to be determined inclusive of customs duty and
levies.
ii) And other levies including new taxes e.g. GST etc. as amended time to time by the Government
Authority. However, Employer shall reimburse the GST to the Contractor based on the Invoice
for the GST as per the applicable rates prescribed by Government Notifications.
4.5.7.2 Offers, deviations and other factors which are in excess of the requirements of the Tender
documents or otherwise which result in the accrual of unsolicited benefits to the Employer shall not
be taken into account in the Tender evaluation.
4.5.7.3 Price adjustment provisions applicable during the period of execution of the Contract shall not be
taken into account in the Tender evaluation.
5. AWARD OF CONTRACT
5.1 Award
5.1.1 Subject to Sub-Clause 5.2 of this ITT, the Employer may award the Contract to the Tenderer whose
Tender has been determined to be responsive and compliant to the requirements contained in the
Tender Documents as per Sub-Clause 4.4 of this ITT and who has offered the lowest evaluated Tender
price as per Sub-Clause 4.5 of this ITT.
5.1.2. In case, if Tenderers have quoted equal Financial Price, the following criteria for award will be taken
into consideration: -
The precedence will be given in the following order
a) The largest Available Tender Capacity;
b) Post tender opening, offers maximum discount on quoted price in sealed packets.
5.2 Employer’s Right to accept any Tender and to reject any or all Tenders
5.2.1 The Employer is not bound to accept the lowest or any tender and may at any time, by notice in writing
to the Tenderers, terminate the Tendering process.
5.2.2 The Tenderer should note in particular that without prejudice to the Employer’s other rights under the
Contract and the Tender Security in the event that the Tender is accepted but the Tenderer fails to
provide the Performance Security required under Sub-Clause 5.5 below, and Sub-Clause 4.2 of Part
I - General Conditions or other specified documents or fails to execute the Contract Agreement as per
Sub-Clause 5.4 of this ITT, the Employer may terminate the Contract and the Tender Security shall be

forfeited.
5.2.3 The Employer will reject any tender if it determines not to be in accordance with Sub-Clause 5.6 of this
ITT.
5.2.4 The Employer may, at his sole discretion, accept or reject any Tender/RFP, and annul the Tender
Process and reject all e-Tender/RFP Submissions at any time prior to Contract award, without thereby
incurring any liability to Tenderers. In case of annulment after the Submission Deadline, all e-
Tender/RFP Submissions submitted and specifically, tender securities shall be promptly returned to
the Tenderers.
5.2.5 Employer shall have right to reject any Tender/ Tenderers before award if the Govt. of India and any
of its departments or agencies do not accord clearance to the pre-qualified Tenderers. Employer will
assist the Tenderers for applying to the Govt. of India; however, it shall be the responsibility of the pre-
qualified Tenderers to obtain such Security or any Clearances from the Govt. of India before award at
their risk and cost.
5.3 Notification of Award
5.3.1 Prior to the expiration of the period of Tender validity prescribed in Sub-Clause Nos. 1.1.1 and 3.13 of
this ITT or any extended period pursuant to Sub-Clause 3.13 of this ITT, the Employer will notify the
successful Tenderer by an email confirmed by letter, that his Tender has been accepted. This letter
(hereinafter and in Part 1 of the General Conditions called the “Letter of Acceptance-LoA") shall name
the amount which the Employer will pay the Contractor in consideration of the design, construction,
completion, and remedying of any defects in the Works by the Contractor as prescribed by the
Contract.
5.4 Signing of Agreement
The Employer shall prepare the Contract Agreement as per the proforma in Annexure 7, duly
incorporating all the terms of the agreement between the two parties. The Tenderer should note that
in the event of acceptance of his Tender, the Tenderer within a period of 28 days from the date of
receipt of the Letter of Acceptance, and receipt of the documents as mentioned in Sub-Clause 5.5 of
this ITT, the successful Tenderer will be required to execute the Contract Agreement. The payments
towards legal charges, stamp duty as applicable (on Contract Agreement & Bank Guarantees), supply
of bill forms & Tax certificates as per the prevailing rates shall be borne by successful Tenderers.
Failure of the successful Tenderer to sign the Contract shall constitute sufficient grounds for the
annulment of the award and the Employer may draw upon the Tenderer’s Tender Security. In that
event, the Employer may award the Contract to the Tenderer with the next most economically
advantageous compliant e-Tender Submission
5.4.1 Contract Documentation

The Contract that will be executed by the Employer and successful Tenderer consists of the contract
documents attached to these Tender Documents, as may be modified by the Employer to reflect
relevant aspects of the e-Tender/RFP Submission acceptable to the Employer, and clarifications post

receipt of e- Tender/RFP Submission acceptable to the Employer. Those aspects of the e-

Tender/RFP Submission that are acceptable to the Employer will be included in the executed Contract
as e- Tender/RFP Submission Extracts. For clarity, the Employer may, in his sole discretion, require
that further revisions be made to the Conditions of Contract to take into account the Tenderer’s
structure, whether that structure is a JV/Consortium, partnership or other legal entity or association of
legal entities.
The Employer shall prepare a combined and final version of the Contract to reflect ITT and by
submitting an e- Tender/RFP Submission, the Tenderer shall be deemed to have agreed with the
terms of these ITT’s.
5.5 Performance Security
5.5.1 Performance Guarantee, Undertaking and Warranties
If the Tenderer comprises of a partnership or Joint Venture, each member or participant will be required
to execute the Guarantees, Undertakings and Warranties.The Tenderer should note that in the event
of award, all Guarantees are required to be executed prior to the signing of the Contract.
The Performance Security required in accordance with Sub-Clause 4.2 of Part I General Conditions
of Contract shall be for 10% of the Contract Sum, in Indian Rupees and shall comprise the following:
1) Performance Guarantee - 5%
3) Retention Money - 5%
5.5.2 The Tenderer shall furnish all other Guarantees, Undertakings, and Warranties, in accordance with
the provisions of the Part I General Conditions of Contract and Part II Particular Conditions of Contract.
5.5.3 Failure of the successful Tenderer to comply with the requirements of Sub-Clauses 5.4 and 5.5 of this
ITT within the time limit specified therein shall constitute sufficient grounds for the annulment of the
award and forfeiture of the Tender Security.
5.5.4 Retention Money: In addition to the Performance Guarantee, Retention Money (Security Deposit) will
be 5% of the Contract Sum. The percentage of retention money that will be recovered in each interim
payment as stated in item 22 of FT - 1.
5.5.5 (i) 5% of the Contract Sum, The PG (Performance Guarantee) shall be paid in one the
following forms.
a) Cash transferred through NEFT, RTGS & IMPS

b) Demand Draft
c) Government securities
d) Fixed Deposit Receipts (FDR) of a Schedule Bank.
e) An electronically issued irrevocable bank guarantee bond of any Schedule bank, or
in the prescribed form given in Annexure 6. The bank guarantee shall be from a
Scheduled Bank in India (meaning a bank which has been included in the Second
Schedule of Reserve Bank of India Act, 1934) (including Scheduled Commercial

Foreign Banks). The Performance Guarantee shall be furnished to the Employer

within twenty eight (28) days of receipt of the Letter of Acceptance.
Performance Guarantee is applicable over and above the clause of Security Deposit. Performance
Guarantee will have to be paid and shall be valid till the defect liability period or finalization of final
bill whichever is later. This deposit will be allowed in the form of (a) to (e) as mentioned above and
shall be paid as prescribed after receipt of Letter of Acceptance.
5.5.6 Additional Performance Security Deposit
If the tenderer has quoted the offer less than 1% below the estimated rates put to tender, then the
tenderer shall have to submit Additional Performance Security Deposit
If the offer is less than 1 % below the estimated rates and is up to 10% below, then the amount of
the performance security shall be as per the Clause 5.5.1 shall be of the value of 5% of the cost
put to tender.
For example: If the rates quoted is 7% below, then the amount of Demand Performance security
should be 5% of the cost put to tender as per the Clause 5.5.1
If the offer is less than 10% below then the amount of the Performance security shall be of the
value of 5% of the cost put to tender plus the amount arrived by applying that percent on the cost
put to tender which is the difference of percentage quoted by the tenderer and 10. For example:
If the rates quoted is 17% below, then the amount of Performance security should be 12%, i.e.5%
of the cost put to tender plus (17-10 )% of the cost put to tender
5.5.7 Refund of Performance Security
Performance Guarantee and Retention Money shall be released before issue of Performance Certificate
(after expiry of Defect Liability Period) in the following manner
End of the year 1 – 30% of Performance Security
End of the year 2 – 30% of Performance Security
End of the year 3 - 40% of Performance Security (End of DLP period)
5.6 Fraudulent OR Corrupt Practices
The Employer will reject a Tender during the evaluation process and Contract Award if he determines
that the Tenderer has engaged in corrupt or fraudulent practices during the compilation of their Tender,
the evaluation period of the Tender, or in competing for the Contract.
1) The Employer requires that Tenderers observe the highest standard of ethics during the Tender
Process. In pursuance of this, the Employer:
2) defines, for the purposes of this provision, the terms set forth below as follows:
3) corrupt practice is the offering, giving, receiving or soliciting, directly or indirectly, of anything of
value to influence improperly the actions of another party;
4) fraudulent practice is any act or omission, including a misrepresentation or hiding of legal status,

that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;
5) collusive practice is an arrangement between two or more parties designed to achieve an

improper purpose, including to influence improperly the actions of another party; and
6) coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly,

any party or the property of the party to influence improperly the actions of a party;
7) Will reject an e-Tender Submission if the Employer determines that the Tenderer recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for the Contract.
5.7 Employer’s Administration and Hierarchy
1) Employer’s means
The Chief Executive Officer NSSCDCL: OR
Any other competent person appointed by the Employer, and notified in writing to the
Contractor.
2) “Consultant”/“Employer’s Personnel” means:-
The Project Management Unit (PMU) who is a consultant or the person appointed from time
to time by “Employer” to assist the Employer and to perform specified duty as per contract
entered in between the Employer and the PMU or any other person appointed separately by
Employer to supervise the project, for all sections of the work. The PMU or Project
Management Consultant (PMC) shall carry out the following works:
• administer the contract under the guidance of the General Consultant (GC)
• review designs, drawings, and specifications with respect to actual site conditions;
• conduct road safety audit;
• ensure requisite insurances are received and comply with contract requirements;
• review the Contractor’s detailed Work Program, Contractor’s superintendence,
Contractor’s personnel and Contractor’s construction methods;
• review the horizontal and vertical alignment of the work;
• Notice the Contractor’s designs and drawings and submit to GC for vetting;
• supervise the Contractor’s work in all respects including quality, safety, environmental
aspects and labour welfare;
• measure quantities of work, record measurements, and verify items/works quantities
executed in the contractor's monthly statements;
• review and approve ‘as-built’ drawings prepared by the Contractor;
• advise & recommend on variation, extra items and claims to the Employer;
• conducting / attending all review meetings;
• checking/ certification of Running and Final Bills and submitting RA bills for payment to
the Employer.
• prepare the Acceptance Certificates/ Completion Certificate/ Taking-Over Certificate and
submitting the same to the Employer for review and issue;

• Follow instructions of General Consultant (GC) on behalf of the Employer as per duties
assigned to them
• Carry out all other works as assigned by the Employer/the Engineer.
Any other consultants: third party auditors or vigilance officer as the Employer may find essential shall
be appointed time to time at any stage of works. NSSCDCL’s internal Vigilance Department and
Auditors shall be inspecting the works at any stage as per instructions of the Employer.
5.8 Incentive:
INR 1,50,000 per day for each day completed earlier reckoned from the date of completion
stipulated in the agreement, subjected to a maximum of INR 3 Crores. Employer’s decision in regard
to payment of incentive and the amount thereof shall be final and binding on the Contractor, without
any right to appeal. The incentive shall not be applicable beyond the original stipulated date of
completion in the contract.


Volume 1
Section 3
Eligibility cum Evaluation Criteria

Maharashtra, India
Table of Contents

Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works, PHE works including Associated Civil Works on Tender SURE Concepts for ABD area under Nagpur Smart City Project
Section III A: Qualification Requirement
Filter of Tenders- Checklist
(To be filled by applicant and each member in case of a joint venture)
Name of Tenderer/JV or Consortium Member __________________________________
Sr. no Criteria Yes No
1. Has the tenderer abandoned any work in the last 10 years?
2. Has the tenderer delayed any work in the last 10 years by more than 75% of the original period of completion due
to his default?
3. Has the tenderer delayed by more than 50% of the original period of completion in more than 20% of the number
of works in the last 10 years due to his default?
4. Has the tenderer suffered bankruptcy/insolvency in the last 10 years?
5. Has the tenderer been debarred by government of India/ any state government in India/ central or state government
undertaking as on the due date if submission of Tender? (Tender to furnish a specific undertaking to this effect)
6. Has the tenderer (each member in case of JV/Consortium) submitted “Covenant of Integrity”?
7. Is the net worth of the tenderer as per clause 3.1 of eligibility criteria and qualification requirement?
8. Has the tenderer certified that no agent/middleman has been or will be engaged or any agency commission been
or will be paid?
9. Is the tenderer currently in the process of financial restructuring under Corporate Debt Restructuring Act?
1) A ‘YES’ answer to any question 1, 2, 3,4,5 or 9 will disqualify the tenderer.
2) A ‘NO’ answer to any question 6, 7 or 8will disqualify the tenderer.

Eligibility and Qualification Criteria Compliance Requirements Documentation

Consortium/Joint Venture Submission
(existing or intended) Requirements
No. Factor Requirement Single Entity
All Parties Each
Lead Member
Combined Member
1. Eligibility
1.1 Nationality Nationality Must meet Must meet Must meet N/A Forms ELI – 1.1 and
requirement requirement requirement 1.2, with attachments
All countries are eligible
1.2 Conflict of No conflicts of interest as Must meet Must meet Must meet N/A Letter of Tender
Interest described in ITT requirement requirement requirement
1.3 Ineligibility Not having been declared ineligible Must meet Must meet Must meet N/A Letter of Tender
by any Govt agency, Funding requirement requirement
requirement
agencies, banks and financial
institutions, as described in ITT
2. Historical Contract Non-Performance
2.1 History of Non-performance of a contract (i) Must meet Must meet Must meet N/A Form CON-2
Non- did not occur as a result of requirement requirement requirement
Performance contractor’s default since last five
of Contracts years.
2.2 Pending There should not be any litigation Must meet N/A Must meet N/A Form CON-2
Litigation from last ten years more than his requirement requirement
net worth
2.3 Litigation No consistent history of Must meet N/A Must meet N/A Form CON-2
History court/arbitral award decisions requirement requirement
against since last five years.
Notes for the Tender
(i) Non-performance, as decided by the Employer, shall include all contracts:


All Parties Each
Lead Member
Combined Member
(a) where non-performance was not challenged by the contractor, including through referral to the dispute resolution mechanism under the respective contract,
and
(b) that were so challenged but fully settled against the contractor.
Non-performance shall not include contracts where Employer’s decision was overruled by the dispute resolution mechanism. Non-performance must be based
on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism
under the respective contract and where all appeal instances available to the Tenderer have been exhausted.
(ii) This requirement also applies to contracts executed by the Tender as a JV member/ Consortium.
(iii) The Tender shall provide accurate information on the related Tendering Form about any litigation or arbitration resulting from contracts completed or on-going
under its execution over the last five (5) years. A consistent history of awards against the Tender or any member of a joint venture may result in rejection of
the Tender.
3. Financial Situation
3.1 Financial The audited balance sheets or, if
Performance not required by the laws of the
Tenderer’s country, other financial
statements acceptable to the
Employer, for the last five (5) years,
at the time of bid submission date, Must meet Must meet Must meet Form FIN – 3.1 with
shall be submitted and must requirement requirement requirement attachments
demonstrate the current
soundness of the Tenderer’s N/A
financial position and indicate its
prospective long-term profitability.
As a minimum requirement, the

Tender’s Net Worth calculated as
the difference between total assets
and total liabilities should be

All Parties Each
Lead Member
Combined Member
positive in at least two financial
years out of last five financial
years.
The financial year as applicable in

the country of origin of the Tenders
would be considered. The ‘last
financial year’ will be the latest
financial year that ended before the
date of issue of IFT (Invitation For
Tenders) for this tender.
3.2 Average Minimum average annual

Annual construction turnover of INR
Turnover 300Crores calculated as total
certified payments in progress and/
or completed, in the last five (5)
Financial years, at the time of bid Must meet minimum
submission date, starting from Must meet Must meet Must meet Form FIN – 3.2
40 % of the
2012-13 to 2017-2018. (Chartered requirement requirement minimum 25
accountant certificate to be % of the requirement
submitted) requirement
The financial year as applicable in

the country of origin of the Tenders
would be considered. The ‘last
financial year’ will be 2017-2018.
Note: Updated to the FY in which
the tenders are invited. Financial
turnover of previous years shall be
given a weight of 10% per year to
bring them to the price level of the
FY in which the tenders are invited.


All Parties Each
Lead Member
Combined Member
3.3 Financial (i) The Tender shall demonstrate Must meet Must meet Must meet Must meet minimum Form FIN – 3.3
Resources that it has access to, or has requirement requirement minimum 25
40 % of the
available, liquid assets, lines of % of the
credit, and other financial means requirement requirement
(independent of any contractual
advance payment) sufficient to
meet the cash flow requirements
estimated as INR 60 Cr as on date
of the Bid submission date.
3.4 Cash Flow (ii) The Tender shall also

Requirements demonstrate, to the satisfaction of
the Employer, that it has adequate
sources of finance to meet the cash Must meet Must meet N/A Form FIN – 3.3and
flow requirements on works requirement requirement Form FIN – 3.4
currently in progress and for future N/A
contract commitments.
3.5 Tender Available Tender capacity = Must meet Must meet the Must meet as Must meet as per their Form 3.5
capacity (2xAxN)-B. Available Tender the requirement
per their % % age of partic3pation
capacity should be ≥ Estimated requirement
project cost of Rs 600Crores age of In JV
participation In
JV


All Parties Each
Lead Member
Combined Member
3.6 Profitability Earnings before interest and tax Must meet Must meet Must meet Must meet Form 3.6
should be positive in at least last requirement Requirement Requirement
Requirement
Two years out of the last five years
for each member of the Joint
Venture.
4. Experience
4.1 General The experience under construction
Experience contracts (single entity or Lead
member of JV/Consortium) shall be
at least the last Ten (10) years from
1.5.2008. Whereas the other
members of JV/Consortium shall Form EXP – 4.1
be at least five (5) years’ under Must meet Must meet Must meet
N/A
construction contracts from requirement requirement requirement
01.05.2013.


All Parties Each
Lead Member
Combined Member
4.2 Specific Experience under contracts in the
(a) Experience role of contractor (single entity or
JV member or Consortium) for
design and construction of Road,
Bridges, Sidewalks and associated
civil works. The Tenderer must
meet the following eligibility criteria
for being considered as qualified
and become eligible for Technical
package opening.
In case the Tenderer is a JV or

Consortium, the JV member
satisfying the eligibility criteria a1 or
a2 below shall be the one who has
the requisite experience either
individually or whose participation
was a minimum 26% in the
previous group.
a1. The Tenderer during last five
(5) years (Since 1st May 2013) Must meet Form EXP – 4.2 (a)
should have carried out design and Must meet N/A requirement
Must meet
construction of Roads and bridges requirement requirement
for length of at least 25.00 kilo
meters and 3 bridges of 30
meters long respectively in Form EXP – 4.2 (a)
Urban area. Must meet N/A
a2. The Tenderer during last five requirement Must meet N/A
(5) years (Since 1st May 2013) requirement
should have carried out Planning,
Providing and laying of at least
5000m of water supply and
sewerage lines and similar

All Parties Each
Lead Member
Combined Member
activities of work.
Form EXP – 4.2 (a)

Must meet
a3. The Tenderer during last five requirement Must meet N/A N/A
(5) years (Since 1st May 2013) requirement
should have carried out Planning,
design and installation of electrical
cables and systems for street
lighting system of at least 10km of Form EXP – 4.2 (a)
length.
Must meet
a4. Compliance requirements for requirement Must meet Must meet N/A
each JV or Consortium member in requirement requirement
specific construction experience
should be satisfied, relevant
experience of similar work as
mentioned in a1, a2 & a3
irrespective of the value, in addition
to those for all parties combined. In
addition, the tenderer should
define the specific responsibilities
of each JV/Consortium member,
and adhere to those during the
contract execution.

KEY PERSONNEL:
The tenders must deploy the Key Personnel for the work as indicated below. The number Key Personnel
should not be less than as specified. The Joint Venture as a whole (for all members put together in case of
Joint Venture) will be considered and should cover disciplines mentioned below.
In respect of the Project managers and Deputy Project Managers, the Tender is required to submit CVs along
with their tender as described below:
Educational
Sr. No. Key Personnel Experience in Assignments
Qualification
Minimum 15 years of professional
experience.
Minimum 12 years of experience in planning,

Degree in Civil design, construction supervision, contract
Engineering preferably management and execution of road and
with post-graduation Bridge structures.
degree in
1 Project Manager Should have been Project Manager / Team
Geotechnical/
Structural/ Leader for a minimum of 7 years working on
Construction at least three projects. Should have
Engineering experience in road construction and Bridge
structures projects
Single project costing INR 200 crores
(preferred) OR Two projects costing INR 300
crores
Minimum 15 years of professional experience
Minimum 12 years’ experience in the
construction of Road and Bridges,
Should have been a team leader for road

Degree in Civil bridge projects for at least 7 years and
Engineering with post- should have worked in at least three projects
Construction
graduation degree in
2 Manager
Geotechnical /
(Bridge)
Structural
Engineering.
Single project costing INR 200 crores
(preferred) OR Two projects costing INR 300
crores.
Minimum 15 years of professional experience

Minimum 12 years’ experience in
Degree in Civil construction of multi lane highway, roads
Engineering Engineering with
3 Manager post-graduation Should have been a team leader forbridge
(Design) degree in Structural and highway design works for 7 years
Engineering Single project costing INR 200 crores
(preferred) OR project costing INR 300
crores in two projects.
Minimum 12 years’ of professional
experience
Construction
Minimum 6 years’ experience in
Quality Degree in Civil
4 administering Quality Control Programs for
Control Engineering
civil works civil works primarily bridge and
Manager
road works.

Educational
Sr. No. Key Personnel Experience in Assignments
Qualification
Minimum 10 years’ of construction

experience.
Should have minimum five(5) years’

Degree in Civil experience in construction safety works
5 Safety Manager Engineering/ Degree
in Equivalent
The Safety Manager shall be knowledgeable

of, and have experience in, the development
and application of ISO 9001 and OHSAS
standards for the construction of civil works.
Minimum 12 years of professional
Degree in Electrical experience.
Sr. Electrical Engineering preferably
6
Engineer with post-graduation Should have minimum 6 years’ of relevant
degree experience
Sr. Water Minimum 12 years of professional

Supply, Degree in Civil experience.
Sewerage & Engineering
7
Solid Waste preferably with post-
Management graduation degree Should have minimum 6 years’ of relevant
Engineer experience
Notes:
1. Tender may propose any number of names of Personnel for each Key Position mentioned in para
6 above. Any of the personnel approved by Engineer as per the requirement for each key position
have to be mandatorily deployed in case of award of work.
2. The successful Tender has to deploy the same key personnel (within 60 days of commencement
date) as indicated in the tender submittal failing which penalty of INR 3lakhs / month /position will
be imposed.
3. The proposed Key personnel are not to be changed till the completion of the work. Under
exceptional circumstances, in case they are required to be changed, the replacement should have
similar or better experience and qualification than as required above. These changes are permitted
only with the approval of the Employer.
PLANT & MACHINERY:
Tenderers should be able to deploy a minimum plant and machinery as mentioned below in: Tendering
Forms EQU either owned or to be made available on hire or lease for this work. Joint Venture as a whole
will be considered. These Plants & Machinery will be taken into consideration for while evaluating the
Tender for satisfactory the Eligible and Qualification criteria.
The plant and machinery indicated below is minimum to be deployed at appropriate stage of the work.
However depending on the requirement to complete the work within the stipulated completion period, the
contractor shall deploy additional machinery as circumstances warrant at no extra cost.

Sl. Required as per Ownership/Hire

Equipment Type
Work Program
No
1 Dozer 1 Owned
2 Motor Grader 2 Owned
3 Hydraulic Excavator 4 Owned
4 Vibratory Roller 3 Owned
5 Tandem Roller 2 Owned
6 Pneumatic Tired Road Roller 1 Owned
7 Tipper (Dumpers) 23 10 Owned 13 Hired
8 Water Tanker 2 Owned
Hot Mix Plant (Batch Type) with electronic Owned

9 controls and vibratory screens with 1
scrubber
10 WMM Mixing Plant 1 Owned
11 Fixed Farm Paver 1 Owned
Paver Finisher Hydrostatic with sensor Owned

12 1
control
13 Paver Finisher Mechanical for WMM 1 Owned or hired
14 Slip form Paver 1 Hire
15 Batch mix plant concrete 1 Owned
16 Self Loading Concrete mixer 8 to 10 cum/hr 4 2-Owned, 2-Hired
17 Transit Mixers 6 2-Owned-4-Hire
Section III C: Check list for submission of Important Information (Not Exhaustive)
SL No. Requirement Submission Requirement Ref. Page No Remarks,

if any
Tenderers Check List Section III A of Eligibility and

1. Qualification Criteria( Part-1, Page 2
Section III)
Share of partners in the Form 1A & 8 of the Tendering Page 9 & 59

2.
case of JV Forms(Part-1, Section IV a) respectively.


if any
Form 1.1 & Form ELI-1.2 of

Page 3& 41
3. Conflict of Interest the Tendering Forms(Part-1,
respectively.
Section IV a)
Banned or rescinded Form 23 of the Tendering

4. Page 94
Tenderer Forms(Part-1, Section IV a)
Form 24 of the Tendering

5. Ground For Exclusion Page 96
Forms(Part-1, Section IV a)
Submission of Stamped and signed on all

documents(including pages
6. -
minutes of pre-Tender
meeting and corrigendum)

7. Tender Security Page 55
Form 1.2 & 1.3 of the

Page 5 & 7
8. Letter of application Tendering Forms(Part-1,
respectively
Section IV a)
Only one Tender either Form 1.1 of the Tendering

9. individually or as a partner Forms(Part-1, Section IV a) Page 3
of a JV
Form EXP- 4.1 & 4.2 (a) of

Page 50 & 51
10. Work Experience the Tendering Forms(Part-1,
respectively
Section IV a)
Form 4.11 & 15 of the

Page 36 & 86
11. Liquidity Tendering Forms(Part-1,
respectively
Section IV a)
Form FIN 3.1 & 3.4 of the

Page 44 & 49
12. Profitability Tendering Forms(Part-1,
respectively
Section IV a)
13. Net Worth Form FIN 3.1 Page 44

of the Tendering Forms(Part-
Form FIN 3.2
14. Annual Turnover of the Tendering Forms(Part- Page 46
1, Section IV a)
Form FIN 3.4

15. Works in hand of the Tendering Forms(Part- Page 48
1, Section IV a)
Form 4.6
16. Key Personnel of the Tendering Forms(Part- Page 29
1, Section IV a)


if any
Form EQU : Equipment

17. Plant & Machinery of the Tendering Forms(Part- Page 28
1, Section IV a)
Form EQU : Equipment

18. Litigation History of the Tendering Forms(Part- Page 42
1, Section IV a)

19. Power of attorney Page 66
MOA (Memorandum of Form 8 of the Tendering

20. Association) of Forms(Part-1, Section IV a) Page 59
each member.
Form 4.10 of the Tendering

21. Structure of JV Page 34
Physical completion Form ELI 1.1 of the

22. Certificate complete as Tendering Forms(Part-1, Page 40
referred. Section IV a)

23. Proposed Sub-Contractors Page 99


Tender SURE Concepts for ABD area under Nagpur Smart City Project”
Volume 1
Section 4 Bidding Forms

Annexures 1 to 8 and
Form of Tender and Appendices

Maharashtra, India

Form-1: FORM OF TENDER / LETTER OF TENDER

Name of Work: Design and Construction Contract- For Road, Bridges, Sidewalk, civil and other
Associated Works (Nagpur Smart City Project)
Date: …………………….
To:
Chief Executive Officer
NSSCDCL
Mahanagar palika Marg, Civil Lines,
Nagpur,
CONTRACT PACKAGE --------------- (The Contract)
Dear Sirs,
1. Having inspected the Site, examined and taken account of, Volumes One to Eight (inclusive) and
addenda and all other information thereto (if any) issued by NSSCDCL for the design and construction
of the above-mentioned Works, and the matters set out in Appendix FT-1 hereto, and having prepared,
completed and signed, with accompanying Company Seal, Appendices FT-1, FT-2, FT-3, FT-4 and
FT-5 hereto, we hereby (jointly and severally)* offer to design, construct and complete the whole of
the said Works and Commissioning and remedying any defects therein, in conformity with the Contract,
the Appendix to Tender and the Addenda within the completion period of 565 days (from the
Commencement Date)
for the lump sum price of; As Price quoted in the Pocket “C” (currencies and their amounts in
figures and words) for Contract - Design and Construction Contract - For Road, Bridges including and
Associated Works which may be ascertained in accordance with the said conditions.
2. We acknowledge that the Appendices to the Form of Tender will form an integral part of the Tender.
3. We undertake (jointly and severally)*:
(a) to keep this Tender open for acceptance for a minimum period of 180 days from the date fixed
for receiving the same without unilaterally varying or amending its terms [and without any
member withdrawing or any other change being made in the composition of the
Partnership/Joint Venture/Consortium on whose behalf this Tender is submitted, which shall
constitute a breach of this undertaking*] and it shall remain binding upon us and may be
accepted at any time before the expiry of that period or any extended period mutually agreed
to; and
(b) if our Tender is accepted, to provide Guarantees, Undertakings & Warranties for the due
performance of the Contract as stipulated in this ITT, Volume 2 Conditions of Particular
Application and Appendix FT-1 hereto; and
(c) to hold in confidence all documents and information whether technical or commercial supplied
to us at any time by or on behalf of the Employer in connection with this Tender or
(d) with the above-mentioned Works and, without your written authority or as otherwise required by
law, not to publish or otherwise disclose the same.
4. We submit with this Tender a duly executed Tender Security Guarantee in respect of our obligations

under this Tender.

5. If our Tender is accepted, we will furnish a Bank Guarantee for the Performance Security for the due
performance of the Contract. The amount and form of such Guarantee or Bond will be in accordance
with Clause 4.2 of the Conditions of the Contract Part I and as indicated in Appendix FT-1 of the Form
of Tender.
6. Unless and until a formal agreement is prepared and executed, this Tender together with your written
acceptance thereof, shall constitute a binding contract between us.
7. Whether or not this Tender is accepted, to hold in confidence all documents and information whether
technical or commercial supplied to us at any time by or on behalf of the Municipal Corporation of
Greater Nagpur (EMPLOYER) in connection with this Tender or with the above-mentioned Works and,
without your written authority or as otherwise required by law, not to publish or otherwise disclose the
same.
8. We have independently considered Clause 8.6 of the FIDIC Conditions of Contract for Plant, Design
& Build 1999, and the amounts shown in the Appendix FT-1 Item 16, as Penalty for Delay in achieving
Key Dates and agree that it represents the damages likely to be suffered by the Employer in the event
of the work not being completed in time.
9. We understand that you are not bound to accept the lowest or any Tender you may receive.
10. We declare that the submission of this Tender confirms that no agent, middleman or any intermediary
has been, or will be engaged to provide any services, or any other item of work related to the award
and performance of this Contract. We further confirm and declare that no agency commission or any
payment which may be construed as an agency commission has been, or will be, paid and that the
Tender price does not include any such amount. We acknowledge the right of the Employer, if he finds
to the contrary, to declare our Tender to be non-compliant and if the Contract has been awarded to
declare the Contract null and void.
11. If our Tender is accepted we understand that we are to be held solely responsible for the due
performance of the Contract.
12. We further understand that all costs and expenses incurred by us in preparing this Tender and
participating in this Tender will be borne solely by us.
13. This Tender shall be governed by and construed in all respects according to the laws for the time being
in force in the Republic of India. For settlement of disputes, the courts at Nagpur will have jurisdiction
in the matter as noted in PCC Clause 107.
14. We will execute the works as per priority of NSSCDCL & availability of site. No separate claims will be
claimed for site clearances.
We are, Gentlemen,
Yours faithfully,
Signature______________________________ Signature_________________________
Name_________________________________ Name____________________________
For and on behalf of _____________________ For and on behalf of ________________

______________________________________ _________________________________
Address______________________________ Address__________________________
_____________________________________ _________________________________
Date:________________________________ Date:_____________________________
Before (signature of witness) Before (signature of witness)

_____________________________________ __________________________________
Name of witness ________________________ Name of witness ___________________
Date:_________________________________ Date:___________________________
[With Company Seal(s)]
* Notes:
If the Tenderer comprises a Partnership, Joint Venture or Consortium:
(a) The provisions marked with an asterisk are to be retained subject to deletion of the brackets and
inapplicable descriptions (i.e. Partnership, Joint Venture or Consortium)
(b) The liability of each member under the Tender, and under any Contract formed upon its acceptance,
will be joint and several.
(c) An authorised representative of each member must sign the Tender, with Company Seal.
(d) Signatures on the Form of Tender shall be witnessed and dated.
(e) Copies of the relevant Power of Attorney shall be attached.

Form 1.1 Letter of Initial Filter
Date:
Loan Agreement No.:
IFT No:
To:
NSSCDCL
Nagpur,
Maharashtra-440001, INDIA
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Tendering Documents, including Addenda issued in
accordance with Instructions to Tenderers (insert the number and issuing date of each addendum); ;
(b) We have no conflict of interest in accordance with ITT 2.4;
(c) We have not been suspended nor declared ineligible by the Employer in absence of a Tender Security
in the Employer’s country in accordance with ITT 3.14.
(d) We offer to execute in conformity with the Tendering Documents the following Works:______________
(e) The total price of our Tender for the work has been submitted by us only in the commercial section/option
in the pricing document provided in the E-Tender portal of NSSCDCL and nowhere else.
(f) Deleted
(g) Our Tender shall be valid for a period of 180 days from the date fixed for the Tender submission deadline
in accordance with the Tendering Documents, and it shall remain binding upon us and may be accepted
at any time before the expiration of that period;
(h) If our Tender is accepted, we commit to obtain a performance security in accordance with ITT 4.2 of the
Tendering Documents;
(i) Deleted
(j) We have paid, or will pay the following commissions, gratuities, or fees with respect to the Tendering
process or execution of the Contract:
Name of Recipient Address Reason Amount
[If none has been paid or is to be paid, indicate “none.”]

(k) We understand that this Tender, together with your written acceptance thereof included in your notification
of award, shall constitute a binding contract between us, until a formal contract is prepared and executed;
and
(l) We understand that you are not bound to accept the lowest evaluated Tender or any other Tender that
you may receive.

(m) We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will
engage in any type of fraud and corruption.
Name of the Tenderer*

Name of the person duly authorized to sign the Tender on behalf of the Tenderer**
Title of the person signing the Tender
Signature of the person named above
Date signed ________________________________ day of _______________________, _____
*: In the case of the Tender submitted by joint venture specify the name of the Joint Venture as Tenderer
**: Person signing the Tender shall have the power of attorney given by the Tenderer to be attached with the
Tender

Form 1.2 Letter of Price Tender
Date:
IFT No.:
To:
Nagpur,
We, the undersigned, declare that:

(a) We have examined and have no reservations to the Tendering Documents, including Addenda issued
in accordance with Instructions to Tenderers [insert the number and issuing date of each Addendum];
(b) We offer to Design and Construction of Roads, Bridges, Sidewalks, MEP works, PHE works including
associated civil works with the Tendering Documents.
(c) The total price of our Tender, excluding any discounts offered in item (d) below is:
In case of only one lot, total price of the Tender [As quoted in e-Packet C]
(d) deleted
(e) Our Tender shall be valid for a period of 180 days from the date fixed for the Tender submission
deadline in accordance with the Tendering Documents, and it shall remain binding upon us and may
be accepted at any time before the expiration of that period;
(f) If our Tender is accepted, we commit to obtain a Performance Security in accordance with the
(g) We understand that this Tender, together with your written acceptance thereof included in your Letter
of Acceptance, shall constitute a binding Contract between us, until a formal Contract is prepared and
executed; and
(h) We understand that you are not bound to accept the lowest evaluated Tender or any other Tender
that you may receive.
Name of the Tenderer*___________________________

Name of the person duly authorized to sign the Tender on behalf of the
Tenderer____________________________
Title of the person signing the Tender __________________________
Signature of the person named __________________________________
Date signed ____________ day of _______________________
*: In the case of the Tender submitted by a Joint Venture specify the name of the Joint Venture as Tenderer
**: Person signing the Tender shall have the power of attorney given by the Tenderer to be attached
with the Tender.

Form1A. Pro-Forma Letter of Participation from Each Member of Joint Venture

(JV)
(On each Firm's Letter Head)
No._________________________________ Dated___________________
From:
To,
NSSCDCL
Nagpur,
Sir,
Regarding:
Nagpur Smart and Sustainable City Development Corporation Limited (NSSCDCL)
Ref: Your notice for Invitation for Tender (NIT) ………………………………..……………..
We wish to confirm that our company/firm (delete as appropriate) has formed a Joint Venture with and for the
purposes associated with NIT referred to above.
(Member(s) who are not the lead partner of the JV/consortium should add the following paragraph)*
‘This JV/Consortium is led by ……. whom we hereby authorize to act on our behalf for the purpose of
submission of Tender for …….. and authorize to incur liabilities and receive instructions for an on
behalf of any and all the partners or constituents of the Joint Venture.’
OR
(Member being the lead member of the group should add the following paragraph)*
‘In this group we act as leader and, for the purposes of applying for qualification, represent the Joint Venture.’
In the event of our group being awarded the contract, we agree to be jointly with……… (Names of other
members of our JV/Consortium)……… and severally liable to the NSSCDCL, its successors and assigns for
all obligations, duties and responsibilities arising from or imposed by the contract subsequently entered into
between NSSCDCL and our JV.
*I/We, further agree that entire execution of the contract shall be carried out exclusively through the lead

partner.
Yours faithfully,
(Signature)
(Name of Signatory)………………….
(Capacity of Signatory)…………………
Seal
* Delete as applicable

APPENDICES TO THE FORM / LETTER OF TENDER

(To be prepared by and appended to the Form of Tender by the Tenderer)
Appendix FT-1: Contract Data 68-72

Appendix FT-2: Financial Document / Pricing Document 73
Appendix FT-3: Quality Assurance System and Outline Quality Plan 74
Appendix FT-4: Outline Safety, Health & Environment Plan 75-76
Appendix FT-5: Tenderer’s Technical Proposals 77

FORM / LETTER OF TENDER - APPENDIX FT-1

CONTRACT DATA
Sl.
Item CoC Sub-Clause Description
No.
Employer
(1) Chief Executive Engineer,
NSSCDCLMahanagar palika
Marg,
Civil Lines, Nagpur,
Employer’s and
Part I 1.1.2.2
1. Engineer’s Name and The Engineer:-
ITT & 1.1.2.4
Address
Grant Thornton India LLP
Ground Floor, NMC Building,

Civil Lines, Nagpur,
Maharashtra -440001, India
Contractor’s name and 1.1.2.3

2. Part I
address
General Consultant (GC) means
any consultant or the person
appointed from time to time by the
“Employer’s
Employer to perform specified duty
Representative”
3a. Part II 1.1 (g) as per the contract entered in
means General
between the Employer and the
Consultant(GC)
consultant or the person as
“General Consultant” for the
Nagpur Smart City project.
Project Management PMC (PMC)
means any consultant or the
person appointed from time to time
“Employer’s
by the Employer to perform
Personnel” means
3b. Part I 1.1 (g) specified duty as per contract
Project Management
entered in between the Employer
Consultant(PMC)
and the consultant or the person
appointed separately by Employer,
for Package - I, Package - II &

Sl.
No.
Package - I of Nagpur Smart City
Project.
Time for 15 days from
4. commencement of Part I 8.1 the date of receipt of letter of
works Acceptance (LOA)
Time for Completion of 545 days (inclusive of Monsoon)
5. Part I 1.1.3.3
the Works from the time of commencement
Foreign
6. Part I 1.1.4.6 Nil
Currency/Currencies
The law applicable is Law of Union
7. Law of the Contract Part I 1.3
of India
8. Ruling language Part I 1.3 English (India)
Language for
9. Part I 1.3 English (India)
communications
By Fax/ Electronic mail followed by
Electronic
10. Part I 1.8 hand delivery/ airmail/ courier/
transmission systems
speed post.
Details which are not related to the
Contract and also not required by
11. Confidential details Part I 1.12
the Tender documents or Contract
documents
Time for access to the
12. Part I 2.2 Refer to Volume 3 Appendix 2A.
Site
Amount of
5% of the Contract Price
13. Performance Part I 4.2
Refer to Clause 5.5 of Volume 1
Guarantee
Time for submission of Part I 8.3 90 days from the Commencement

14.
Programme Part II and PCC 66 Date
Day or night ( 24 hours) subject to

15. Normal working hours Part I 6.5
local Authority regulations
Penalty for the delay in
Refer to item No. 36 of this
16. achieving the Key Part I 8.6
Appendix FT-1.
Dates for the Works
Limit of Penalty for the
17. delay in achieving the Part I 8.6 10 % of the Contract Price
Key Dates
Liquidated damages
18. Part I 11.4 1% of the Contract Price
for failing Tests after

Sl.
No.
Completion
Total amount of
19. NIL
advance payments
Mobilisation Advance Part II PCC 82 10% of the Contract Price
Number and timing of

20. NIL
instalments
Mobilisation Advance Part II PCC 82 NIL
Recovery of the
21. Part II PCC 82 NIL
Mobilisation Advance
10% from each Interim Payment
Recovery of Retention Part I 14.9 Certificate (IPC) starting from 1st
22.
Money Part II PCC 86 running bill till it reaches 5% of the
Contract Sum
Limit of Retention
23. Part I 13.3 5% of the Contract Sum
Money
Minimum amount of
24. Interim Payment Part I 14.6 3% of the Contract Price
Certificates
Payments in Local and 1.1.4.8 &

25. Part I In Indian Rupees.
Foreign Currencies 14.15
If there are Provisional

Sums:
26. Percentage for Part I 13.5 Not Applicable
adjustment of
Provisional Sums
3% of the Contract
Amount of insurance
27. Part I 18.1
for design
Amount of third party Rs. 10 Lakhs for any one incident,

28. Part I 18.3
insurance with number of incidents unlimited.
Periods for submission
of insurance
29. (a) evidence of Part II PCC 100 14 days
insurance
(b) relevant policies 30 days

Sl.
No.
20.2, 20.3 & Dispute or Difference to be
Part I
20.4 referred to the Commissioner:
30. Dispute Adjudication
Part II
PCC 103 Refer to PCC 103
Indian Arbitration and Conciliation
31. Arbitration rules Part I 20.6 Act, 1996, as amended in 2015
and from time to time
Part I 20.6 Arbitration
32 Number of arbitrators and
Part II PCC 104 Refer to PCC 104
Language of
33. Part I 20.6 English (India)
arbitration
34. Place of arbitration Part I 20.6 Nagpur, India
Part I 13.1
Price Variation
35. Refer Tables 2, 3 and 4 below.
Formula Part II PCC 81
Penalty for the delay

36. for not achieving the Part I 8.7 Refer Table 1 below.
Key Dates

Table 1. (Refer Item 36)
Please also refer to the Volume II Particular Conditions of Contract, Clause 14
Penalty for the delay Penalty for the delay in Penalty for the delay
Key Dates
in achieving the Key achieving the Key in achieving the Key
(Refer Appendix 2B
Dates, for first 28 Dates, between Dates, from Day 57
of Volume 3)
days. Day 29 and Day 56. onwards
Key Date KD1 Rs. 25,000 per day Rs. 50,000 per day Rs. 1,000,000 per day

Table 2 (Refer Item 38)

Factor and Description % of weightage
(a) Fixed 15
(b) Labour 25
(c) Steel 12
(d) Cement 15
(e) Fuel 18
(f) Plant and Machinery 15
Table 3. (Refer Item 38)

Indices Published by
Index for: Origin of Input Currency of
Economic Adviser to Base Value on
(factor) (country) Index
Govt. of India/ RBI
India INR Industrial Workers 28 days prior to
Labour
India INR Mild Steel Long date of
Steel
India INR Cement & Lime and submission of
Cement
India INR plaster Tender
Fuel
Fuel and Power
Plant and
India INR Construction Machinery-
Machinery
(RBI)
Note: If indices from the above mentioned sources are not available, alternate equivalent indices published by
Director of Industrial Affairs or other sources of Government of India may be used, subject to the Notice
of the Engineer.
Authorised Signatory for the Tenderer with Company Seal.
Date ………………………….……… Name ………………..…………….
Address …………………..………………………..………………………..……….

FORM OF TENDER - APPENDIX FT-2

FINANCIAL DOCUMENT / PRICING DOCUMENT
The Pricing Document Volume 8 of the Tender documents, duly completed in all respects is to be
submitted, and shall be included in the Financial Package.


QUALITY ASSURANCE SYSTEM and OUTLINE QUALITY PLAN
The Contractor shall establish and maintain a Quality Assurance System in accordance with Appendix 6 of
Volume 3 Employer's Requirements, for design and construction procedures and the interfaces between them
and other Interface Contractors. This Quality Assurance system shall be applied without prejudice to, or without
in any way limiting, any Quality Assurance Systems that the Tenderer already maintains.
The Tenderer shall submit as part of his Tender an Outline Quality Plan which shall contain sufficient
information to demonstrate clearly the Tenderer's proposals for achieving effective and efficient Quality
Assurance System. The Outline Quality Plan should include an outline of the procedures and regulations to
be developed and the mechanism by which they will be implemented for ensuring Quality as required by
Appendix 6 of the Employer's Requirements – Design.
The Tenderer may be requested to amplify, explain or develop its Outline Quality Plan prior to the date of
acceptance of the Tender and to provide more details with a view to reaching provisional acceptance of such
a Plan.


OUTLINE OCCUPATIONAL HEALTH, SAFETY & ENVIRONMENT PLAN
The Tenderer shall submit as part of his Tender an Outline Occupational Health, Safety & Environment Plan
which shall contain sufficient information to demonstrate clearly the Tenderer's proposals for achieving
effective and efficient compliance to the requirements of the Tender on Occupational Health, Safety and
Environment (OHS&E). The Outline Occupational Health, Safety and Environment Plan should include an
outline of the procedures and regulations to be developed and the mechanism by which they will be
implemented for ensuring Safety as required by Sub-Clause Nos. B16, D5, D6 and Appendix 17 of Volume 3
of the Employer's Requirements, Sub-Clause 6.7 of Part I General Conditions and PCC Clause 35 of Part II
Particular Conditions of Contract.
The Outline Occupational Health, Safety and Environment Plan shall be headed with the firms/Joint Venture’s
formal statement of policy in relation to Occupational Health, Safety and Environment protection. The
Occupational Health, Safety and Environment Plan shall be sufficiently informative to define the Tenderer's
plans and set out in summary an adequate basis for the development of the Site Occupational Health, Safety
& Environment Plan to be submitted in accordance with Sub-Clause Nos. B16, D5, D6 and Appendix 17 of
Volume 3 of the Employer's Requirements, Sub-Clause 6.7 of Part I General Conditions of contract and PCC
Clause 35 of Part II Particular Conditions of Contract.
The Tenderer may be requested to amplify, explain or develop his Outline Occupational Health, Safety &
Environment Plan prior to the date of acceptance of the Tender and to provide more details with a view to
reaching provisional acceptance of such a plan.


Statement of Integrity, Eligibility and Social and Environmental Responsibility
Reference name of the Tender : ("Name of the work”)

(“Contract number")
To: ("Contracting Authority")
1. We hereby certify that neither we nor any of our subcontractors are in any of the following situations :
1.1. Being bankrupt, wound up or ceasing our activities, having our activities administered by the
courts, having entered into receivership, reorganisation or being in any analogous situation
arising from any similar procedure;
1.2. Having been convicted, within the past five years by decision of a court decision, which has the
force of res judicata in the country where the project is implemented, of one of the acts
mentioned in sections 6.1 to 6.4 below or of any other offense committed during the
procurement or performance of a contract
1.3. Being listed for financial sanctions by the United Nations and/or the European Union for the
purposes of fight-against-terrorist financing or threat to international peace and security;
1.4. Having committed serious professional misconduct within the past five years during the
procurement or performance of a contract;
1.5. Not having fulfilled our obligations regarding the payment of social security contributions or
taxes in accordance with the legal provisions of either the country where we are established or
the Contracting Authority's country;
1.6. Having been convicted, within the past five years by a court decision, which has the force of
res judicata, of one of the acts mentioned in sections 6.1 to 6.4 below or of any other offense
committed during the procurement or performance;
1.7. Being subject to an exclusion decision of the World Bank and being listed on the website
http://www.worldbank.org/debarr
1.8. Having committed misrepresentation in documentation requested by the Beneficiary as part of
the contract procurement procedure.
1.9. Having been debarred by any government/state/public sector undertaking/urban local body in
India or abroad in last five years.
2. We hereby certify that neither we, nor any of our subcontractors are in any of the following situations
of conflict of interest:
2.1 being an affiliate controlled by the Contracting Authority or a shareholder controlling the
Contracting Authority, unless the stemming conflict of interest has been brought to the attention
of NSSCDCL and resolved to its satisfaction;
2.2 Having a business or family relationship with a Contracting Authority’s staff involved in the
selection procedure or the supervision of the resulting contract, unless the steaming conflict of
interest has been brought to the attention of NSSCDCL and resolved to its satisfaction;
2.3 Being controlled by or controlling another Tender or being under common control with another
Tender, or receiving from or granting subsidies directly or indirectly to another Tender, having
the same legal representative as another Tender, maintaining direct or indirect contacts with
another Tender which allows us to have or give access to information contained in the respective
Tenders, influencing them or influencing decisions of the Contracting Authority;
2.4 Being engaged in a consultancy activity, which, by its nature, may be in conflict with the
assignments that we would carry out for the Contracting Authority;

3. We undertake to bring to the attention of the Contracting Authority, any change in situation with regard
to points mentioned above.
4. In the context of procurement and performance of the contract:
4.1 We have not and we will not engage in any dishonest conduct (act or omission) deliberately
indented to deceive others, to intentionally conceal items, to violate or vitiate someone's consent,
to make them circumvent legal or regulatory requirements and/or to violate their internal rules in
order to obtain illegitimate profit.
4.2 We have not and we will not engage in any dishonest conduct (act or omission) contrary to our
legal or regulatory obligations or our internal rules in order to obtain illegitimate profit.
4.3 We have not promised, offered or given and we will not promise, offer or give, directly or indirectly
to (i) any person who holds a legislative, executive, administrative or judicial mandate within the
State of the Contracting Authority regardless of whether that person was nominated or elected,
regardless of the permanent or temporary, paid or unpaid nature of the position and regardless of
the hierarchical level the person occupies, (ii) any other person who performs a public function,
including for a State institution or a State-owned company, or who provides a public service, or
(iii) any other person defined as a public officer by the national laws of the Contracting Authority,
an undue advantage of any kind, for himself or for another person or entity, for such public officer
to act or refrain from acting in his official capacity.
4.4 We have not promised, offered or given and we will not promise, offer or give, directly or indirectly
to any private person who occupies an executive position in a private sector entity or works for
such an entity, regardless of the nature of his/her capacity, any undue advantage of any kind, for
himself or another person or entity for such private person to perform or refrain from performing
any act in breach of its legal, contractual or professional obligations.
4.5 We have not and we will not engage in any practice likely to influence the contract award process
to the detriment of the Contracting Authority and in particular, in any anti-competitive practice
having for object or for effect to prevent, restrict or distort competition, namely by limiting access
to the market or the free exercise of competition by other undertakings.
4.6 Neither we nor any of our subcontractors shall acquire or supply any equipment nor operate in
any sectors under an embargo of the United Nations or the European Union.
4.7 We commit ourselves to comply with and ensure that all of our subcontractors comply with
international environmental and labour standards, consistent with laws and regulations applicable
in the country of implementation of the contract, including the fundamental conventions of the
International Labour Organisation (ILO) and international environmental treaties. Moreover, we
shall implement environmental and social risks mitigation measures such as specified in the
environmental and social management plan or, if appropriate, in the environmental and social
impact assessment notice provided by the Contracting Authority.
5. We, as well as our subcontractors authorise any third party or proof checking agency/Engineers
designated by NSSCDCL to inspect accounts, records and other documents relating to the
procurement and performance of the Contract and to have them audited by auditors appointed by
NSSCDCL.
Name:____________________ In the capacity of _____________________

Signature:______________________________
Duly empowered to sign the Tender in the name and on behalf of 1____________________
1 In case of joint venture, insert the name of the joint venture. The person who will sign the bid on behalf of the Tender shall attach a power
of attorney from the Tender.

TENDERER’S TECHNICAL PROPOSALS
The Tenderer shall prepare his Technical Proposals based on the contents of Annexure 3 to the Instructions
to Tenderers.

ANNEXURE 1 : REQUIREMENTS FOR OUTLINE TENDER PROGRAMME
(1) The Outline Tender Programme shall show how the Tenderer proposes to organise and carry out the
Design and Construction Works and to achieve Stages and complete the whole of the Works by the
given Key Dates.
(2) The Outline Tender Programme or Programmes shall be developed as a critical path network using
suitable software. The network must be fully resourced and show co-ordination with all Interfacing
Contractors. The Outline Tender Programme shall show achievement of all Key Dates and Works
Area Access Dates.
(3) The Outline Tender Programme shall take account of the Tenderer's proposed Design Submission
Programme and should indicate, as far as possible, dates and periods relating to interfaces with and
between Interfacing Contractors including dates for submission of further documents as required by
the Contract and periods for their acceptance.
(4) The Outline Tender Programme shall contain sufficient detail to assure the Employer of the feasibility
of the plan and approach proposed by the Tenderer.
(5) The Tenderer should have regard to the possibility, that during the Tender Evaluation Period, the
Tenderer may be required to use the Outline Tender Programme and develop it into a Programme
which, in the event of award, would be the initial submission of the Works Programme. To facilitate
this process, the Tenderer shall, in the preparation of the Tender Programme, take due account of the
provisions of Appendix 4 of Volume 3 Employer's Requirements, in so far as they concern the Works
Programme.
(6) The Outline Tender Programme shall be accompanied by a narrative statement that shall describe
Programme activities, assumptions and logic, and highlight the Tenderer's perception of the major
constraints and critical areas of concern in the organisation, construction and completion of the Works.
This narrative statement shall also indicate which elements of the Works the Tenderer intends to carry
out off-Site and/or outside India with details of the proposed locations of where any such work is to be
carried out, and the facilities available.
(7) The Tenderer shall prepare logic diagrams providing the philosophy for shared access, shared areas
with co-incident and adjacent work areas and submit as part of his Tender. These logic diagrams shall
be developed and submitted along with the Works Programmes as submitted during the course of the
Contract.
(8) All programmes shall include design, procurement periods, major material, offsite production /
prefabrication, temporary construction, interface and periods for all Interfacing Contractors, whether
system wide, utility or statutory contractors etc.

ANNEXURE 2: PREQUALIFICATION CRITERIA UNDERTAKING

Date ………………..
To:
Employer:
NSSCDCL
Nagpur,
LETTER OF UNDERTAKING
We, (name of Tenderer / Joint Venture) hereby confirm that the information submitted in the Packet A is valid
and up to date, and that we will meet all of the prequalification requirements, and that no changes have
occurred to any of the items submitted at the time of RFP.
If the Employer subsequently finds that any of the prequalification criteria have changed, contrary to the
Tenderers confirmation, the Employer reserves the right to declare the Tenderer as noncompliant, and to
declare any Contract, if already awarded to the Tenderer, to be null and void.
Signed……
For and on behalf of
(name of Tenderer)
[with Company Seal]

ANNEXURE 3: REQUIREMENTS FOR TENDERER'S TECHNICAL PROPOSALS

1. The Tenderer's attention is drawn to Sub-Clause A2 of Volume 3 Employer's Requirements – Section
A General and to Sub-Clause 1 of the General Conditions of Contract in which words and expressions
are defined.
2. The Tenderer's Technical Proposals shall comply or, subject to reasonable development, be capable
of complying with the Employer's Requirements in all respects. The Tenderer's Technical Proposals
shall establish firmly the intended design and methodology, and, in accordance with Sub-Clause 4.2
of this Annexure 3 of this ITT, the Specifications for the Permanent Works.
3. The Tenderer's Technical Proposals shall cover the following:
A) Bridges.
1. Details of pile boring and construction methodology of pile construction including the
details of boring rigs.
2. Details of pier construction methodology and outline programme of pier construction.
3. Casting, storage and transportation of precast elements to site, and removal of spoil
from site.
4. Sequence, design methodology and outline programme for erection of precast elements.
B) Proposed method of construction of sidewalks and cycle tracks equipment to be used.
C) Road construction method
D) Construction method for Culverts.
4. The Tenderer's Technical Proposal shall also include the following documents:
4.1 Drawings
Drawings shall illustrate, where appropriate, aspects of the Construction Works identified in Sub-
Clause 3 of this Annexure 3 of this ITT, including layouts, appearance, main structural features,
general arrangements, plans, elevations, principal sections and typical details of critical areas. In
particular the drawings shall indicate the proposed arrangements with the Interfacing Contractors.
4.2 Outline Specifications

4.2.1 The Outline Specifications to be submitted by the Tenderer shall comprise two parts, i) the Outline
Design Specifications and ii) the Outline Construction Specifications. Each part shall consist of the
Outline Specification, which shall be identical to those contained in the Tender Documents, and a
Particular Specification which is to be compiled by the Tenderer. The Particular Specification shall
draw attention to any part or parts of the Outline Specification which the Tenderer intends to amend
or omit and shall contain further material such that the design of the Permanent Works is fully specified
and the construction of the Permanent Works is specified at least in outline at this stage.
4.2.2 In producing the Particular Specifications, the Tenderer shall ensure that Clauses, Sub-Clauses and
any appendices therein are identified by their numbering as uniquely belonging to the Particular

Specifications, and shall not in any event amend or change the numbering in the Outline
Specifications.
4.2.3 The Tenderer should note that the Specifications submitted with the Tender as part of the Tenderer's
Technical Proposals will, prior to acceptance of the Tender, be merged and consolidated into a single
document for incorporation into the Contract.
4.2.4 The Tenderer should note that the Particular Specifications form a crucial part of the Tenderer’s
Technical Proposals, and shall be prepared in sufficient detail to demonstrate full compliance with the
Employer’s Requirements. The quality of the Particular Specifications will be paramount in evaluating
the technical compliance of Tenders.
4.3 Statement of Compliance

A joint statement from the Tenderer and the proposed Lead Designer is required to be furnished to
the effect that the Tenderer's Technical Proposals comply with the Employer's Requirements and can
be developed to become the Definitive Design of the Permanent Works without significant change
other than amplification.
4.4 Statement of Maintainability

The Tenderer shall state the maintenance objectives and the anticipated operational life associated
with the principal elements and components of the Permanent Works and in particular how these apply
in the selection and use of proposed materials. The Tenderer shall demonstrate the effect of its
proposals on the lifetime costs of the Permanent Works. The Tenderer shall include in this statement
a schedule of the main maintenance operations, for each major component of the bridges and other
works including intervals between such operations, for all aspects of the required construction and of
main spares and stores required and their rates of use.
5. The Tender shall be accompanied by documents in amplification of the Tenderer's Technical

Proposals, which shall include:
5.1 Technical Notes

Such technical notes or notes on calculations necessary for understanding and explaining the
Tenderer's Technical Proposals.
5.2 Codes and Standards

A list of all codes of practice and standards to be used in the design shall be provided. Except for those
codes and standards available in Hindi, all other codes and standards shall be available in certified
English translation. The Tenderer shall provide justification, in accordance with Sub-Clause 1 of the
Outline Design Specification of Volume 4 of this Tender Document, for any Codes or Standards it
proposes in its list as alternatives or in addition to those specified in the Employer’s Requirements,
Outline Design Specifications and Outline Construction Specifications. The Tenderer will be required,
during the Tender process, to provide a certified English translation of any codes or standards it
proposes to use and which are not normally available in English.
Aesthetic design proposal shall be presented for the above ground structures like transition ramps with
stated roof, land scape and recreational facilities. Also, refer to Section B13 of Volume 3. The internal

bridge space shall also be aesthetically enhanced.

ANNEXURE 4: FORM OF BANK GUARANTEE FOR TENDER SECURITY

(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
KNOW ALL MEN by these presents that we _______________________________ (Name of Bank) of India,
having our registered office at _____________________ (hereinafter called “the Bank”) are bound unto
(NSSCDCL (hereinafter called “The Employer”) in sum of
_____________________________________________ (Specify currency and amount in figures and words)
for which payment will and truly to be made to the said Employer, the Bank binds himself, his successors and
assigns by these presents.
WHEREAS ________________________________ (Name of Tenderer) (hereinafter called “the Tenderer”)
has submitted his Tender dated ___________________ for the Contract Code: ________________
(hereinafter called “the Tender”)
WHEREAS the Tenderer is required to furnish a Bank Guarantee for the sum of
___________________________________ (specify currency and amount in figures and words) Tender
Security against the Tenderer’s offer as aforesaid.
AND WHEREAS _______________________________________ (Name of Bank) have, at the request of the

Tenderer, agreed to give this guarantee as hereinafter contained.
We further agree as follows:
(1) That the Employer may without affecting this guarantee grant time or other indulgence to or negotiate
further with the Tenderer in regard to the conditions contained in the said Tender and thereby modify
these conditions or add thereto any further conditions as may be mutually agreed upon between the
Employer and the Tenderer.
(2) That the guarantee herein before contained shall not be affected by any change in constitution of our
Bank or in the constitution of the Tenderer.
(3) That this guarantee commences from the date hereof and shall remain in force until :
a) The Tenderer, in case his Tender is accepted by the Employer, executes a formal agreement after
furnishing the Performance Security from RBI approved a Scheduled Bank (including Scheduled
Commercial Foreign Banks) or
b) Twenty eight days after the date of validity or the extended date of validity of the Tender, as the case
may be, whichever is earlier.
(4) That the expression “the Tenderer” and “the Bank” herein used shall, unless such an interpretation is
repugnant to the subject or context, include their respective successors and assigns.

THE CONDITIONS of this obligations are :

(i) if the Tenderer withdraws his Tender during this period of tender validity specified in the Form of
Tender, or
(ii) if the Tenderer having been notified of the acceptance of his Tender by the Employer during the period
of Tender validity:
a) fails or refuses to furnish the Performance Security as required by Sub-Clause 3.15 of the “Instructions
to Tenderers” – Section II; and / or
b) fails or refuses to enter into a Contract within the time limit specified in Sub-Clause 5.4 of the
“Instructions to Tenderers” – Section II.
We undertake to pay to the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand provided that in his demand the Employer
will note that the amount claimed by him is due to him owing to the occurrence of any one or more of
the conditions (i), (ii) a) or (ii) b) mentioned above, specifying the occurred condition or conditions.
Signature of
Authorized Official
Of the Bank: __________________________
SIGNATURE OF WITNESS Name of Official:

__________________________
__________________________ Designation:
__________________________
NAME OF WITNESS STAMP / SEAL OF BANK
__________________________
Address of Witness
__________________________

ANNEXURE 5: COPYRIGHT UNDERTAKING
Date ………………..
To:
NSSCDCL,
Nagpur,
LETTER OF UNDERTAKING
We, (name of Tenderer / Joint Venture) hereby undertake that the Tender Drawings, both in soft copy and
digitised format, and the Tender Documents downloaded as a necessary part of our preparation of this Tender
shall be used solely for the preparation of the Tender and that if the Tender is successful, shall be used solely
for the design of the temporary and permanent Works.
We further undertake that the aforesaid Tender Drawings and Documents prepared by Nagpur Smart and
Sustainable City Development Corporation Limited(NSSCDCL) shall not be used in whole, in part or in any
altered form on any other project, scheme, design or proposal that the firm, partnership, Joint Venture, the
Joint Venture parent companies or sub-contractors of the Joint Venture are, or will be involved with either in
India or any other country.
Signed……

(name of Tenderer / Joint Venture)
[with Company Seal]

ANNEXURE 6: FORM OF PERFORMANCE SECURITY (GUARANTEE) BY

BANK
(Refer Sub-Clause5.5 of Section II of ITT)
1. This deed of Guarantee made this day of_________ between Bank of_______________ (hereinafter
called the “Bank”) of the one part, and Nagpur Smart and Sustainable City Development Corporation
Limited (EMPLOYER) (hereinafter called “the Employer”) of the other part.
2. Whereas Nagpur Smart and Sustainable City Development Corporation Limited (NSSCDCL), has
awarded the contract for ______ (Name of work as per the title page of the NIT) (hereinafter called the
Contract) to ______________ (Name of the Contractor) hereinafter called the Contractor.
3. AND WHEREAS the Contractor is bound by the said Contract to submit to the Employer a Performance
Security for a total amount of __________________________________________________________
(Specify all currencies and their amounts in figures and words)
4. Now we the Undersigned __________________________________________ (Full Name of the Bank)

being fully authorized to sign and to incur obligations for and on behalf of and in the name
of_______________________________(Full name of Bank), hereby declare that the said Bank will
guarantee the Employer the full amount of
__________________________________________________________ (Specify all currencies and
their amounts in figures and words) as stated above.
5. After the Contractor has signed the aforementioned Contract with the Employer, the Bank is engaged
to pay the Employer, any amount up to and inclusive of the aforementioned full amount upon written
order from the Employer to indemnify the Employer for any liability of damage resulting from any defects
or shortcomings of the Contractor or the debts he may have incurred to any parties involved in the Works
under the Contract mentioned above, whether these defects or shortcomings or debts are actual or
estimated or expected. The Bank will deliver the money required by the Employer immediately on
demand without delay and demur and without reference to the Contractor and without the necessity of
a previous notice or of judicial or administrative procedures and without it being necessary to prove to
the Bank the liability or damages resulting from any defects or shortcomings or debts of the Contractor.
The Bank shall pay to the Employer any money so demanded notwithstanding any dispute/disputes
raised by the Contractor in any suit or proceedings pending before any Court, Tribunal or Arbitrator/s
relating thereto and the liability under this guarantee shall be absolute and unequivocal.
6. This Guarantee is valid until ………………….. (The initial period for which this Guarantee will be valid
must be for at least twenty eight (28) days longer than the anticipated date of issue of the Performance
Certificate as stated in Sub-Clause 11.9 of the “Conditions of Contract Part I”.)

7. At any time during the period in which this Guarantee is still valid, if the Employer agrees to grant a time
extension to the Contractor or if the Contractor fails to complete the Works within the time of completion
as stated in the Contract, or fails to discharge himself of the liability or damages or debts as stated under
Sub-Clause 5 above, it is understood that the Bank will extend this Guarantee under the same conditions
for the required time on demand by the Employer and at the cost of the Contractor.
8. The Guarantee hereinbefore contained shall not be affected by any change in the Constitution of the
Bank or of the Contractor.
9. The neglect or forbearance of the Employer in enforcement of payment of any moneys, the payment
whereof is intended to be hereby secured or the giving of time by the Employer for the payment hereof
shall in no way relieve the bank of their liability under this deed.
10. The expressions “the Employer”, “the Bank” and “the Contractor” hereinbefore used shall include their
respective successors and assigns.
11. Notwithstanding anything contained herein:
a) Our liability under this Bank Guarantee shall not exceed

__________________________________________________________ (Specify all currencies
and their amounts in figures and words), and
b) This Bank Guarantee shall be valid up to ……………………………….……., and
c) We are liable to pay the guarantee amount or part thereof under this Bank Guarantee only & only
if you serve upon us a written claim or demand on or before………………………………….
In witness whereof I/We of the bank have signed and sealed this Guarantee on the_____________
(day) of __________ (Month) 2018 being herewith duly authorized.

The………………………….Bank.
Signature of Authorized Bank official
Name: …………………………….. ……………………………..
Designation: ……………………… ……………………………..
Stamp/Seal of the Bank: ………..
Signed, sealed and delivered
For and on behalf of the
Bank by the above
Named _____________________in the presence of :
Witness 1 Witness 2.
Signature ………………..……………. Signature ………………..…………….
Name ………………..……………. Name ………………..…………….
Address ………………..……………. Address ………………..…………….

ANNEXURE 7: FORM OF CONTRACT AGREEMENT

(Refer Sub-Clause5.4 of Section II of ITT)
This Agreement is made at Nagpur on the ___________ day of _____________ 2018 Nagpur Smart and
Sustainable City Development Corporation Limited (NSSCDCL) , Nagpur hereinafter called “the Employer”
of the one part and _________________ (Name of Contractor*) (Address of Contractor*)
______________________________________ ____________________ of ____________ hereinafter
called “the Contractor” of the other part.
Whereas the Employer is desirous that (*** certain Goods and Services should be provided and) the Works
should be executed, viz. ---------- (Name of work as mentioned in the title of the NIT) hereinafter called “the
Works” and has accepted a Tender by the Contractor for the execution and completion of such works (*** as
well as a Guarantee of such works) and the remedying of defects therein. NOW THIS AGREEMENT
WITNESSED as follows:
1. In this Agreement words and expression shall have the same meanings as are respectively assigned
to them in the Conditions of Contract Parts I and II hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz:
i) Contract Agreement
ii) Letter of Acceptance (LoA)
iii) Letter of Clarifications (LoC), if any
iv) Addenda to the Tender document, if any
v) Notice Inviting to Tender (NIT)
vi) Instructions to Tenderers (ITT)(Including Annexure)
vii) Particular Conditions of Contract (PCC)
viii) Conditions of Contract for Plant Design–Build contract Part I – FIDIC First Edition 1999 (GCC)
ix) Employer’s Requirements
x) Outline Design Specifications
xi) Outline Construction Specifications
xii) All RFP Documents till its last amendments
xiii) Safety, Health & Environmental Management Requirements
xiv) Quality Assurance Requirements

xv) Tender Drawings
xvi) Pricing Document
xvii) Reference Documents
xviii) Contractor’s Proposal
xix) Any other items as applicable
3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to execute and complete the works by
**________ and remedy any defects therein in conformity in all respects with the provisions of the
Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the works and the remedying of defects therein, the Total Contract Price of ** of
____________________________________ ______________________ (currencies and their
amounts in figures and words) being the sum stated in the letter of acceptance subject to such
additions thereto or deductions there from as may be made under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
5. OBLIGATION OF THE CONTRACTOR
The Contractor shall ensure full compliance with tax laws of India with regard to this Contract and shall
be solely responsible for the same. The Contractor shall submit copies of acknowledgements
evidencing filing of returns every year and shall keep the Employer fully indemnified against liability of
tax, interest, penalty etc. of the Contractor in respect thereof, which may arise.
6. JURISDICTION OF COURT
For settlement of disputes, the Courts at Nagpur shall have the jurisdiction to try all disputes arising
out of this agreement between the parties, as noted in PCC Clause 107.
IN WITNESS WHEREOF the parties hereto have caused their respective Common Seals to be
hereunto affixed / (or have hereunto set their respective hands and seals) the day and year first above
written
For and on behalf of the Contractor For and on behalf of the Employer
Signature of the authorized official Signature of the authorized official

Name of the official Name of the official
Stamp/Seal of the Contractor Stamp/Seal of the Employer
SIGNED, SEALED AND DELIVERED

By the said
________________________ Name ___________________
on behalf of the Contractor in the presence of:
Witness _____________________
Name _______________________
Address_______________________________
_____________________________________
By the said
_________________________ Name ____________________
on behalf of the Employer in the presence of:
Witness ______________________
Name ________________________
Address__________________________________
________________________________________
The Common seal of the )

Nagpur Smart and Sustainable City
Development Corporation Limited was hereunto )
affixed on the_______________________________ )
in the presence of two members of the )
Standing Committee of the Corporation
1.) ________________ 1.) __________________ )
2.) ________________ 2.) __________________ )
And in the presence of the ___________________________________________

Notes :
* To be made out by the Employer at the time of finalization of the Form of Contract Agreement.
** Blanks to be completed by the Employer at the time of finalization of the Form of Contract Agreement.
*** TO BE DELETED IF NOT APPLICABLE

ANNEXURE 8: STATEMENT OF COMPETENCY OF THE LEAD DESIGNER
The Lead Designer (Detailed Design Consultant) proposed by the Contractor shall have the following
qualifications.
1. Should have executed at least 3 similar projects in urban environment i.e. design of Road, Bridges,
Sidewalk, in the last 10 years. Details to be provided in the table are given below.
Description of the Year Name of the

Sl. No. Status
project From To Client
1.
2.
3.
4.
5.
6.
2. Out of the above at least one project should have been in operation for three years.
3. The average annual turnover in the last 3 years should be more than 2 Crore.
4. The DDC should have a design office, or establish one in Nagpur.
5. Should have adequate Technical Staff.
6. Should submit an organisation staff of the company and the organisation proposed for the project
The subcontractor shall provide evidence including Employer’s certificates for the above.
Authorised Signature of Lead Designer and Company Seal
Authorised Signature of Tenderer and Company Seal

Tenderers Qualification
To establish its qualifications to perform the contract in accordance with Section III (Eligibility and Qualification
Criteria) the Tenderer shall provide the information requested in the corresponding Information Sheets
included hereunder

Form ELI -1.1: Tender Information Form

Date: __________________
ICB No. and title: _________
Page _____of ______pages
Tenderer's name
In case of Joint Venture (JV) or Consortium, name of each member:
Tender's actual or intended country of registration:
[indicate country of Constitution]
Tender's actual or intended year of incorporation:
Tender's legal address [in country of registration]:
Tender's authorized representative information
Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of

registration of the legal entity named above.
In case of JV, letter of intent to form JV or JV agreement
In case of Government-owned enterprise or institution documents establishing:
Legal and financial autonomy
Operation under commercial law
Establishing that the Tender is not dependent agency of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.

Form ELI -1.2: Tender's JV/Consortium Information Form
(to be completed for each member of Tender’s JV and any specialized subcontractor if applicable)
Date: _______________
ICB No. and title: __________________
Page _______________ of ____________ pages
Tender’s JV name:
JV member’s name:
JV member’s country of registration:
JV member’s year of constitution:
JV member’s legal address in country of constitution:
JV member’s authorized representative information
Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of
Articles of Incorporation (or equivalent documents of constitution or association), and/or registration

documents of the legal entity named above.
In case of a Government-owned enterprise or institution, documents establishing legal and financial

autonomy, operation in accordance with commercial law, and absence of dependent status,
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.

Form CON -2: Historical Contract Non-Performance, Pending Litigation and

Litigation History
(to be completed by the Tender and by each member of the Tender’s JV)
Tender’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ICB No. and title: ___________________________
Page _______________of ______________pages
Non-Performed Contracts in accordance with Section III, Eligibility and Qualification Criteria
Contract non-performance did not occur since 1st May, 2013 specified in Section III, Eligibility and
Qualification Criteria, Sub-Factor 2.1.
Contract(s) not performed since 1st May, 2013 specified in Section III, Eligibility and Qualification Criteria,
requirement 2.1.
Year Non- performed Contract Identification Total Contract
portion of contract Amount (current
value, currency,
exchange rate
and INR
equivalent)
[insert [insert amount and Contract Identification: [indicate complete contract name/ 604.00 Crs.
year] percentage] number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main reason(s)]
Pending Litigation, in accordance with Section III, Eligibility and Qualification Criteria
No pending litigation in accordance with Section III, Eligibility and Qualification Criteria, Sub-Factor 2.3.
Pending litigation in accordance with Section III, Eligibility and Qualification Criteria, Sub-Factor 2.3 as
indicated below.

Year of Amount in dispute Contract Identification Total Contract

dispute (currency) Amount (currency),
INR Equivalent
(exchange rate)
Contract Identification: _________

Name of Employer: ____________
Address of Employer: __________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________

Form FIN – 3.1: Financial Situation and Performance

Tender’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
ICB No. and title: ___________________________
Page _______________of ______________pages
1. Financial data
Type of Financial information in Historic information for previous _________years,

(currency) ________________________ (amount in currency, currency,
exchange rate*, INR equivalent)
Year 1 Year 2 Year 3 Year4 Year 5
Statement of Financial Position (Information from Balance Sheet)
Total Assets (TA)
Total Liabilities (TL)
Total Equity/Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Working Capital (WC)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes (PBT)
Cash Flow Information
C Cash Flow from Operating Activities
2. Financial documents
The Tender and its parties shall provide copies of financial statements for 5 years pursuant Section III, Eligibility and
Qualifications Criteria, Sub-factor 3.1. The financial statements shall:

a. Reflect the financial situation of the Tender or in case of JV/Consortium member , and not an
affiliated entity (such as parent company or group member).
b. Be independently audited or certified in accordance with local legislation.
c. Be complete, including all notes to the financial statements.
d. Correspond to accounting periods already completed and audited.
e. Attached are copies of financial statements2 for the 5 years required above and complying with the
requirements
Notes:
Financial data for latest last five audited financial years has to be submitted by the Tender in Form FIN-3.1 to 3.3
along with audited balance sheets. The financial data in the prescribed format shall be certified by Chartered
Accountant with his stamp and signature. In case audited balance sheet for the immediately preceding financial
year i.e. 2017-18 is not available, he has to submit an affidavit certifying that the “balance sheet has actually not
been audited so far”. In such a case the financial data of previous ‘five audited financial years before 2016-17 will
be taken into consideration for evaluation. If audited balance sheet of any year other than the last year is not
submitted, the Tender will be considered as non-responsive.
Weightage of 5% (Compounded annually) for Indian currency and 2 % per year for foreign currency shall be given
for equating the financial turnover of the previous year to the current year.
Where a work has been earlier undertaken in a JV/consortium, only that portion of the contract which has been
undertaken by the concerned tenderer/member should be indicated and the remaining done by the other members
of the group be excluded. This is to be substantiated with documentary evidence.
2 If the most recent set of financial statements is for a period earlier than 12 months from the date of bid, the reason for this should be
justified.

Form FIN – 3.2: Average Annual Construction Turnover

Tender’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
ICB No. and title: ___________________________
Page _______________of ______________pages
Annual turnover data (construction only)
Year Amount Exchange rate INR equivalent
Currency
[indicate year] [insert amount and indicate

currency]
Average
Annual
Construction
Turnover *
* See Section III, Eligibility and Qualification Criteria, Sub-Factor 3.2.
The financial data in the prescribed format shall be certified by Chartered Accountant with his stamp and signature.

Form FIN – 3.3: Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, net of current commitments, available to meet the total construction cash flow demands
of the subject contract or contracts as specified in Section III (Eligibility and Qualification Criteria)
Financial Resources
No. Source of financing Amount (INR equivalent)
The financial data in the prescribed format shall be certified by Chartered Accountant with his stamp and
signature.

Form FIN – 3.4: Current Contract Commitments / Works in Progress
Tenders and each member to a JV/Consortium should provide information on their current commitments on all
contracts that have been awarded, or for which a letter of intent or acceptance has been received, or
for contracts approaching completion, but for which an unqualified, full completion certificate has yet to
be issued.
Current Contract Commitments
Value of
Average Monthly
Outstanding Estimated
Employer’s Contact Invoicing Over
No. Name of Contract Work Completio
Address, Tel, Fax Last Six Months
[Current INR n Date
[INR/month)]
Equivalent]
signature.

Form FIN – 3.5: Tender Capacity
Tenders and each member to a JV/Consortium should provide information on their current commitments on all
contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for
contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
Tender Capacity
Value of
Average Monthly
Outstanding Estimated
Employer’s Contact Invoicing Over
No. Name of Contract Work Completio
Address, Tel, Fax Last Six Months
[Current INR n Date
[INR/month)]
Equivalent]
signature.

Form FIN – 3.5: Tenderer’s Profitability

Tenderers and each member to a JV should provide information on their earnings before interest and tax in any
two years out of the last five years. The financial data in the prescribed format shall be certified by Chartered
Accountant with his stamp and signature.
Profitability-earnings before Interest and Tax in INR Years in which

Profitability-earnings
before Interest and Tax
is +ve (Positive)
2013-14 2014-15 2015-16 2016-17 2017-2018
Member-
1(Lead
Member)
Member-
2(other than
Lead
Member)
Member-
3(other than
Lead
Member)

Form EXP - 4.1: General Construction Experience

(Each Tender or member of a JV/consortium must fill this form)
Tender’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ICB No. and title: ___________________________
Page _______________of ______________pages
Starting Ending Contract Identification Role of

Year* Year Tender
Contract name: ____________________

Brief Description of the Works performed by the
Tender: _____________________________
Amount of contract: ___________________
Name of Employer: ____________________
Address: _____________________________
Contract name: _________________________

Tender: _____________________________
Name of Employer: ___________________
Address: _________________________
Contract name: ________________________

Tender: __________________________
Name of Employer: ___________________
Address: _________________________
* See Section III Eligibility and Qualification Criteria – Sub Factor 4.1

Form EXP - 4.2(a) :Specific Construction and Contract Management

Experience
(each Tender or member of a JV or Specialized subcontractor must fill this form)
Tender’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ICB No. and title: ___________________________
Page _______________of ______________pages
Information
Similar Contract No.
Contract Identification
Award date
Completion date
Role in Contract Member in Management Sub-

Prime JV Contractor contractor
Contractor
Total Contract Amount INR equivalent
If member in a JV or sub-contractor, specify

participation in total Contract amount
Employer's Name:
Address:
Telephone/fax number
E-mail:

Form EXP - 4.2(a) (cont.): Specific Construction and Contract Management Experience (cont.)
Similar Contract No. Information
Description of the similarity in

accordance with Sub-Factor 4.2(a) of
Section III:
1. Amount
2. Physical size of required works items
3. Complexity
4. Methods/Technology
5. Construction rate for key activities
6. Other Characteristics
Notes:
The Tender shall submit details of works executed by them in the above form for the works to be considered for
qualification of similar work experience criteria. Documentary proof such as completion certificates from client
indicating the nature/scope of work, actual completion cost and actual date of completion of such work should
be submitted. The offers submitted without above documentary proofs shall not be evaluated.
Credential certificates issued by Government Organizations / Semi Government Organizations of Central or

State Government; or by Public Sector Undertakings / Autonomous Bodies or Central or State Government; or
by Public Ltd. Companies listed in Stock Exchange in India or Abroad shall only be accepted for assessing the
eligibility of Tender.
In case the work is executed for Public Ltd. Company listed in Stock Exchange in India or Abroad, copy of work
order, bill of quantities, bill wise details of payment received certified by C.A., T.D.S. certificate for all payments
received and copy of final/last bill paid by client shall also be submitted. Work done certificate signed by the
director of the company is preferable. However, the same from power of attorney holder will also be acceptable.
Only the quantum of work as executed by the Tender / member in his own name should be indicated. Where a
work is undertaken by a group, only that portion of the contract which is undertaken by the concerned Tender/
member should be indicated and the remaining done by the other members of the group be excluded. Tender
has to attach credential certificates from client in support of above details.

Form - 2(c):Detailed Design Consultancy

[The following table shall be filled in for Contracts performed by the Tenderer and by each member of a
JV.]
Tender’s Name: ________________

Date: ______________________
JV Party Legal Name_________________
NIT No. ___________________________
Page ___________of ___________pages
[Fill out one (1) form per Contract, in accordance with Section III, Eligibility and
Qualification Criteria, Clause 5).]
1. Key Activity No. (1): [insert brief description of the Activity, emphasizing its specificity]
Total Quantity of Activity under the Contract:
Contract With Similar Key Activities Information
ITEM INFROMATION
Contract Identification
Award date
Completion date
Contractor Sub-contractor
Role in Contract
Single  JV  
(check the appropriate box)
[insert Contract amount(s)and

Total Contract Amount INR Equivalent
currency(ies)]
Quantity (as applicable) performed

under the Contract per year or
part of the year Percentage Actual Quantity
al quantity in the Contract
[insert extent of participation participation Performed
(i)
indicating actual quantity of key (ii) (i) × (ii)
activity successfully completed in
the role performed]

Year 1
Year 2
Year 3
Year 4
Employer’s Name [insert full name]
Address [indicate street / number / town or city / country]
Telephone/fax number [insert telephone/fax numbers, including country and city area
codes]
E-mail [insert E-mail address, if available]

4.5 Form EQU: Equipment

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key equipment listed in Section III, Eligibility and Qualification Criteria. A separate Form shall
be prepared for each item of equipment listed, or for alternative equipment proposed by the Tenderer.
Item of equipment
Equipment Name of manufacturer Model and power rating

information
Capacity Year of manufacture
Current status Current location
Details of current commitments
Source Indicate source of the equipment

Owned Rented Leased Specially manufactured
Omit the following information for equipment owned by the Tenderer.
Owner Name of owner
Address of owner
Telephone Contact name and title
Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project

Form 4.6 Personnel

Form PER-1: Proposed Personnel
Tender should provide the names of suitably qualified personnel to meet the specified requirements. The data on
their experience should be supplied using the Form below for each candidate.
1. Title of position*
Name
Name
Name
Name
**As listed in ‘Key Personnel-Eligibility and Qualification Criteria’

Form PER-2: Resume of Proposed Personnel
Name of Tenderer
Position
Personnel Name Date of birth

inform
ation
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience over the last 15 years, in reverse chronological order. Indicate particular
technical and managerial experience relevant to the project.
From To Company / Project / Position / Relevant technical and management

experience

From To Company / Project / Position / Relevant technical and management

experience

Form 4.11 Statement of Deviations
(A) Statement of deviations from the PCC

Clause Details of Deviations Remarks explaining Price for Unqualified
Number reasons for Withdrawal given
deviations and in Financial
why it may be Package (YES/NO)
considered by the
Employer
Note:
1. We hereby confirm that the pricing for unconditional withdrawal of the above deviations has been given
in the financial Tender.
2. We hereby confirm that all implicit and explicit deviations, comments and remarks mentioned elsewhere
in our proposal shall be treated as NULL and VOID and stand withdrawn.
3. We hereby confirm that but for the deviations noted in herein, our proposal is fully and truly compliant.
Signature of Tenderer

B) STATEMENT OF DEVIATIONS FROM THE WORKS REQUIREMENT
Clause Details of Deviations Remarks explaining Price for Unqualified

Number reasons for deviations Withdrawal given in
and why it may be Financial Package
considered by the (YES/NO)
Employer
Note:
1. We hereby confirm that the pricing for unconditional withdrawal of the above deviations has been given in
the financial Tender.
2. We hereby confirm that all implicit and explicit deviations, comments and remarks mentioned elsewhere in
our proposal shall be treated as NULL and VOID and stand withdrawn.
3. We hereby confirm that but for the deviations noted in herein, our proposal is fully and truly compliant.
Signature of Tender

8.Form of Joint Tendering Agreement

(JV/ Consortium Agreement)
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution, duly
signed on each page. Foreign entities submitting the Tender are required to follow the applicable law in
their country)
FORM OF CONSORTIUM AGREEMENT BETWEEN

M/S........................................, M/S.........................................,
M/S..................................... AND M/S...................................
FOR (……………………………)
THIS Consortium Agreement (hereinafter referred to as “Agreement”) executed on this....................... day of

.................. Two thousand thirteen between........................................................................ a company
incorporated under the laws of ...................................... and having its Registered Office at ................................
(hereinafter called the "Party 1”, which expression shall include its successors, executors and permitted
assigns), and ...................................................... a company incorporated under the laws of
...................................... and having its Registered Office at ................................ (hereinafter called the "Party
2”, which expression shall include its successors, executors and permitted assigns)
and....................................................... a Company incorporated under the laws of
......................................................... and having its Registered Office at .........................................................
(here in after called the "Party 3", which expression shall include its successors, executors and permitted
assigns)
(The Tendering consortium should list the name, address of its registered office and other details of all the
consortium Members)
for the purpose of submitting the Tender in response to the Tendering Documents and in the event of selection
as Successful Tenderer to execute the Contract Agreement and/or other requisite documents, and to carry out
the ‘……………….’ (“Works”) for Nagpur Smart City Project to be awarded by Nagpur Smart and Sustainable
City Development Corporation Limited (hereinafter referred as “NSSCDCL” or “the Company”).
Party 1, Party 2, and Party 3 are hereinafter collectively referred to as the “Parties” and individually as a “Party”.
WHEREAS NSSCDCL desired to engage a contractor for ………………. [name of the Works] for Nagpur Smart
City Project.
AND WHEREAS the Consortium of [.................................] (insert the names of all the Members) intends to
participate for the Tender, against the Tendering Documents issued to ……………. [Insert the name of
purchaser of Tendering Document].
AND WHEREAS Para BDS ITT 4.7 of the Instructions to Tenderer stipulates that the Tenderers Tendering on
the strength of a consortium shall submit a legally enforceable Consortium Agreement in a format specified in
the Tendering Documents.
NOW THEREFORE, THIS INDENTURE WITNESSTH AS UNDER:

In consideration of the above premises and agreement, all the parties in this Consortium do hereby mutually
agree as follows:
1. In consideration of the selection of the Consortium as the Successful Tendererby the Company, we the
Members of the Consortium and Parties to the Consortium Agreement do hereby unequivocally agree that
M/s........................................................... (Insert name of the Lead Member), shall act as the Lead Member
as defined in the Tendering Documents for self and agent for and on behalf of ………. (the names of all the
other Members of the Consortium to be filled in here) to do on behalf of the Consortium, all or any of the
acts, deeds or things necessary or incidental to the Consortium’s Tender for the Contract including
submission of the Tender, participating in meetings, responding to queries, submission of information/
documents and generally to represent the Consortium in all its dealings with NSSCDCL or any other
Government Agency or any person, in connection with the Works until culmination of the process of
Tendering till the Contract is entered into with NSSCDCL and thereafter till the expiry of the Contract.
2. The Lead Member is hereby authorized by the Members of Consortium and Parties to the Consortium
Agreement to bind the Consortium, incur liabilities and receive instructions for and on behalf of all Members.
It is agreed by all the Members that entire execution of the Contract including payment shall be carried out
exclusively through the Lead Member.
3. The Lead Member shall be liable and responsible for ensuring the individual and collective commitment of
each of the Members of the Consortium in discharging all their respective obligations under the Contract
with NSSCDCL. Each Consortium Member further undertakes to be individually liable for the performance
of its part of the obligations without in any way limiting the scope of collective liability envisaged in this
Agreement.
4. In case of any breach of any of the obligations as specified under clause 3 above by any of the Consortium
Members, the Lead Member shall be liable to fulfil such obligation.
5. It is agreed that sharing of responsibilities hereto among the Consortium members shall not in any way be
a limitation of responsibility of the Lead Member under these presents.
6. This Consortium Agreement shall be construed and interpreted in accordance with the Laws of
____________.
7. It is hereby agreed that the Lead Member shall furnish the Tender Security, as stipulated in the Tendering
Documents, on behalf of the Consortium.
8. It is hereby agreed that in case of selection of Tendering consortium as the Successful Tenderer, the Parties
to this Consortium Agreement do hereby agree that the Lead Member shall furnish the Performance
Security on behalf of the Consortium, as stipulated in the Tendering Documents.
9. It is further expressly agreed that the Consortium Agreement shall be irrevocable and, for the Successful
Tenderer, shall remain valid over the term of the Contract, unless expressly agreed to the contrary by the
Company.
10. The Lead Member is authorized and shall be fully responsible for the accuracy and veracity of the
representations and information submitted by the Consortium Members respectively from time to time in
response to the Tendering Documents for the purposes of the Tendering.
11. It is expressly understood and agreed between the Members that the responsibilities and obligations of
each of the Members shall be as follows:
• ……………………………..
• ……………………………..
12. It is agreed by the Members that the above sharing of responsibilities and obligations shall not in any way
be a limitation of joint and several responsibilities and liabilities of the Members, with regards to all matters
relating to the execution of the Works as envisaged in the Tendering Documents and the Contract. The
Parties shall be jointly and severally liable for execution of the Works in accordance with the terms of the
Contract and the Tendering Documents.
13. It is clearly agreed that the Lead Member shall ensure performance under the Contract and if one or more
Consortium Members fail to perform its /their respective obligations under the agreement(s), the same shall
be deemed to be a default by all the Consortium Members.

14. It is hereby agreed that in case of selection of the Consortium as the Successful Tenderer, [the Lead
Member shall furnish the Performance Security on behalf of the Consortium as stipulated in the Tendering
Documents] / [the Performance Security as stipulated in the Tendering Documents shall be furnished by
the Members on behalf of the Consortium in such proportion as may be agreed to between us]
15. It is agreed by all the Members that there shall be separate Consortium Bank Account (distinct from the
bank accounts of the individual Members) to which the individual Members shall contribute their share
capital and/or working capital and the financial obligations of the Consortium shall be discharged through
the said Consortium Bank Account only and also all the payments received by the Consortium from the
Employer shall be through that account alone.
16. It is hereby expressly agreed between the Parties to this Consortium Agreement that neither Party shall
assign or delegate its rights, duties or obligations under this Agreement except with prior written consent of
the Company.
17. We hereby agree to ratify all acts, deeds and things lawfully done by the aforesaid Lead Member pursuant
to this Agreement and that all acts, deeds and things done by the aforesaid Lead Member shall and shall
always be deemed to have been done by us/Consortium.
This Consortium Agreement
(a) has been duly executed and delivered on behalf of each Party hereto and constitutes the legal, valid,
binding and enforceable obligation of each such Party,
(b) sets forth the entire understanding of the Parties hereto with respect to the subject matter hereof
including the Consortium/Tenderer’s legal persona and there is or are no other agreements relating to
the Consortium/Tenderer’s in corporation, constitution, powers or organisation which may affect in any
way its ability to carry out the Works;
(c) may not be amended or modified except in writing signed by each of the Parties and with prior written
consent of the Company.
IN WITNESS WHEREOF, the Parties to the Consortium Agreement have, through their authorized
representatives, executed these presents and affixed common seals of their respective companies on the Day,
Month and Year first mentioned above.
Common Seal of ................ For and on behalf of

has been affixed in my/our Consortium Member (party 1)
presence pursuant to the M/s………………………….
Board of Director’s resolution
dated ......................
……………………………….. ………………………………………
(Signature) (Signature of authorized
representative)
Name: …………………. Name: ………………………..
Designation:………………….. Designation: ……………………..
Place: …………………….
Date: …………………………

Witness:
1. ……………………………………. 2. …………………………………….
(Signature) (Signature)
Name ………………………………. Name ……………………………….
Designation...........…………………..
Designation...........…………………..

has been affixed in my/our Consortium Member (Party 2)
Board of Director’s
resolution dated ......................
………………………………. …………………………………….
representative)
Name: Name:
Designation: Designation:
Place:
Date:
WITNESS
1. ……………………………………. 2. …………………………………….
(Signature) (Signature)
Name ………………………………. Name ……………………………….
Designation...........………………….. Designation...........…………………..
Attested:
…………………………….

(Signature)
(Notary Public)
Place: ………………………….
Date: …………………………….

has been affixed in my/our Consortium Member (Party 3)
Board of Director’s
resolution dated ......................
………………………………. …………………………………….
representative)
Name: Name:
Designation: Designation:
Place:
Date:
WITNESS
1. …………………………………….
(Signature)
Name ……………………………….
Designation...........…………………..
2. …………………………………….
(Signature)
Name ……………………………….
Designation...........…………………..

Attested:
…………………………….
(Signature)
(Notary Public)
Place: ………………………….
Date: …………………………….

8A. Draft Memorandum of Understanding(MOU) for JV Participation
among
M/s ……………….. having its registered office at ………………… (Hereinafter referred to as …………………)
acting as the Lead Partner of the first part,
and
M/s ………………………….having its registered office at ……………. (hereinafter referred to as ……………….’)
in the capacity of a Joint Partner of the second part.
and
M/s ………………………….having its registered office at ……………. (here in after referred to as
……………….’) in the capacity of a Joint Partner of the third part.
The expressions of …………….. and …………and ………….... shall wherever the context admits, mean and
include their respective legal representatives, successors-in-interest and assigns and shall collectively
be referred to as “ the Parties” and individually as “ the Party”
WHEREAS:
Nagpur Smart and sustainable City Development Corporation Limited (NSSDCL) [hereinafter referred to as
“Employer”] has invited tenders for … “[Insert name of work]…………………...”
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The following documents shall be deemed to form and be read and construed as an integral part of this
MOU.
i) Notice Inviting Tender, and
ii) Tender document
iii) Any Addendum/Corrigendum issued by Nagpur Smart and Sustainable Development Corporation
Limited
iv) The tender submitted on our behalf jointly by the Lead Partner.
2. The `Parties’ have studied the documents and have agreed to participate in submitting a `tender’ jointly
in the name of ------(insert name of the JV)
3. M/s ………shall be the lead member of the JV for all intents and purpose and shall represent the Joint
Venture in its dealing with the Employer. For the purpose of submission of tender proposals, the parties
agree to nominate …….. as the leader duly authorized to sign and submit all documents and subsequent
clarifications, if any, to the Employer. However M/s ……… shall not submit any such proposals,
clarifications or commitments before securing the written clearance of the other partners which shall be
expeditiously given by M/s……..……and M/s ----------to M/s………….( insert lead partner name)
4. The ‘Parties’ have resolved that the distribution of share and responsibilities between the JV partners
(Tenderer shall ensure that the assigned responsibilities are commensurate with the Eligibility
cum Qualification Criteria, failing which the tender may be rejected) is as under:-

(A) Lead Partner ………….(insert name)share ……..% ;

Responsibilities
(i) ………
(ii) ……….
(iii) …..
(b) Joint Partner ...............(insert name)share ……..% ;

Responsibilities
(i) ………
(ii) ……….
(iii) …..
(C) Joint Partner .................(insert name)share ……..% ;

Responsibilities
(i) ………
(ii) ……….
(iii) …..
5. JOINT AND SEVERAL RESPONSIBILITY

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

The parties shall co-operate throughout the entire period of this MoU on the basis of exclusivity and
none of the parties shall make arrangement or enter into agreement either directly or indirectly with any other
party or group of parties on matters relating to the project except with prior written consent of the other party
and the employer.
7. EXECUTIVE AUTHORITY
The said Joint Venture through its authorized representative shall receive instructions, payments from the
Employer. The management structure for the project shall be prepared by mutual consultations to
enable completion of project to quality requirements within permitted cost and time.
8. GUARANTEES AND BONDS

(i) The Tender Security: Tender security can be furnished by any one of the members of the Joint Venture.
the JV member M/s---------------(insert name of the JV member) has furnished the tender security for the tender.
(ii) Performance Security: If contract is awarded, each member of the JV shall submit the Performance
Security in proportion to their participation.
9. TENDER SUBMISSION
Each party shall bear its own cost and expenses for preparation and submission of the tender and all
costs until conclusion of a contract with the employer for the project. Common expenses shall be shared by all
the parties in the ratio of their actual participation.
10. INDEMNITY

Each party hereto agrees to indemnify the other party against its respective parts in case of
breach/default of the respective party of the contract works of any liabilities sustained by the joint venture.
11. For the execution of the respective portions of works, the parties shall make their own arrangements to
bring the required finance, plants and equipment, materials, manpower and other resources.
12. DOCUMENTS & CONFIDENTIALITY

Each Party shall maintain in confidence and not use for any purpose related to the Project all commercial and
technical information received or generated in the course of preparation and submission of the tender.
13. ARBITRATION
Any dispute, controversy or claim arising out of or relating to this MoU shall be settled in the first instance
amicably between the parties. If an amicable settlement cannot be reached as above, it will be settled by
arbitration in accordance with the Indian arbitration and conciliation act 1996 and amendments Act 2015, and
as amended from time to time. The venue of the arbitration shall be: Nagpur.
14. VALIDITY
This MoU shall remain in force till the occurrence of the earliest to occur of the following, unless by
mutual consent, the parties agree in writing to extend the validity for a further period.
a. The tender submitted by the Joint Venture is declared unsuccessful, or

b. Cancellation/shelving of the Project by the Employer for any reasons prior to award of work
c. Execution of detailed JV agreement by the parties, setting out detailed terms after award of work by the
Employer.
15. This MOU is drawn in four….. number of copies with equal legal strength and status. One copy
is held by M/s ………… and the others by M/s ……& M/s….. and a copy submitted with the tender.
16. This MOU shall be construed under the laws of India.
17. NOTICES BETWEEN JV PARTNERS
Notices shall be given in writing by fax confirmed by registered mail or commercial courier to the following fax
numbers and addresses:
Lead Partner (First Part) Second JV Partner Third JV Partner
………………… ………………… …………………
………………… ………………… …………………
………………… ………………… …………………

(Name & Address) (Name & Address) (Name & Address)
IN WITNESS WHEREOF THE PARTIES, have executed this MOU the day, month and year first before written.
M/s…………………………….. M/s………………………. M/s……………………….

…….…………………………… ………………………….. …………………………..
(Stamp) (Stamp) (Stamp)
Witness
1………………….. (Name & Address)

`

9. Form of Legal Capacity / Power of Attorney
(To be forwarded on the letterhead of the Tenderer/ Lead Member of Consortium)
Format for Board Resolution
(A) Format for the Board resolution to be passed by a Tenderer (not applicable in case of consortium)
The Board, after discussion, at the duly convened Meeting on ………… (Insert date), with the consent of
all the Directors present and in compliance of the provisions of the Companies Act, 1956/2013, passed the
following Resolution:
RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956/2013 and as permitted
under the Memorandum and Articles of Association of the Company, approval of the Board be and is
hereby accorded to submit a Tender in response to the Tendering Documents dated ___________ issued
by Nagpur Smart and Sustainable Development Corporation Limited (NSSCDCL) for [Insert name of the
work] for Nagpur Smart City Project.
FURTHER RESOLVED THAT Mr./Ms………………., (insert the name and designation of the concerned
official of the Company) be and is hereby authorized to take all the steps required to be taken by the
Company for submission of the aforesaid Tender, including in particular, signing the Tender, making
changes thereto and submitting amended Tender, signing and executing all the documents related to the
Tender, certified copy of this Board resolution or letter or undertakings, etc., required to be submitted to
NSSCDCL as part of the Tender or such other documents as may be necessary in this regard and to do in
our name and our behalf all or any of the acts, deeds or things necessary or incidental to submission of
our said Tender including signing and executing the Contract Documents, making representations to
NSSCDCL or any other authority, and providing information / responses to NSSCDCL representing us in
all matters before NSSCDCL, and generally dealing with NSSCDCL in all matters in connection with our
Tender till the completion of the Tendering process as per the terms of the above said Tendering
Documents and further till the Contract is entered into with NSSCDCL and thereafter till the expiry of the
Contract.
FURTHER RESOLVED THAT a power of attorney as per the draft attached to the Tendering Documents
be issued in favour of the above named person, ____________, to be executed by Mr._________ or Mr.
_______________, Directors of the Company under the Common seal of the Company, affixation thereof
to be witnessed by one or both of the above named Directors and by Mr. _____________, (insert the name
and designation of the concerned official of the Company) or as per the Memorandum and Articles of
Association of the Company.

Signature and stamp of Company Secretary / Managing Director/Director of Tenderer
Notes:
1. This certified true copy should be submitted on the letterhead of the Company, signed by the
Company Secretary / Managing Director/Director of the Tenderer.
2. The contents of the format may be suitably re-worded indicating the identity of the entity passing
the resolution.
3. In the event the Board resolution is from a company incorporated outside India, the same needs
to be notarized by a notary in the home country of company passing the resolution and legalized
by the Indian Embassy there. However, in case such company is from a country which has signed
The Hague Legislation Convention 1961, then the Board Resolution is not required to be legalized
by the Indian Embassy if it carries a conforming Appostille certificate.
4. This format may be modified only to the limited extent required to comply with the local regulations
and laws applicable to a foreign entity submitting this resolution. For example, reference to
Companies Act 1956/2013 may be suitably modified to refer to the law applicable to the entity
submitting the resolution. However, in such case, the foreign entity shall submit an unqualified
opinion issued by the legal counsel of such foreign entity, stating that the Board resolutions are in
compliance with the applicable laws of the respective jurisdictions of the issuing company and the
authorizations granted therein are true and valid.
(B) Format for the Board resolution to be passed by Lead Member of Consortium (applicable in case
the Tenderer is a consortium)
The Board, after discussion, at the duly convened Meeting on ………… (Insert date), with the consent of
all the Directors present and in compliance of the provisions of the Companies Act, 1956/2013, passed the
RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956/2013 and as
permitted under the Memorandum and Articles of Association of the Company, approval of the Board be
and is hereby accorded to submit a Tender in response to the Tendering Documents dated ___________
issued by Nagpur Smart and Sustainable Development Corporation Limited (NSSCDCL) for
‘……………….’ [Name of the work] for Nagpur Smart City Project in consortium with ________________
(insert the name and address of the other consortium members).
FURTHER RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956/2013 and
as permitted under the Memorandum and Articles of Association of the Company, approval of the Board
be and is hereby accorded to execute a Consortium Agreement as per the format annexed to the aforesaid
Tendering Documents with ________________ (insert the name and address of the other consortium

members).
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to the Company to accept
and act as the Lead Member of the aforesaid Consortium and also as true and lawful attorney to do in the
name and on behalf of the Consortium, all such acts, deeds and things necessary in connection with or
incidental to submission of Consortium’s Tender in response to the Tendering Documents dated
__________ issued by NSSCDCL for ‘……………….’ [name of the work] including signing and submission
of the Tender and all documents related to the Tender as specified in the Tendering Documents, including
but not limited to undertakings, letters, certificates, acceptances, clarifications, guarantees or any other
document, which NSSCDCL may require us to submit and carrying out the Contract and doing all
necessary deeds and things as may be required in respect of the above and also for making
representations to NSSCDCL and providing information / responses to NSSCDCL, representing the
Consortium in all matters before NSSCDCL, and generally dealing with NSSCDCL and/or any other
authority in all matters in connection with Consortium’s Tender, till completion of the Tendering process in
accordance with the Tendering Documents and further till the Contract is entered into with NSSCDCL and
thereafter till the expiry of the Contract.
Company for submission of the Consortium’s Tender, including in particular, signing the Tender, making
changes thereto and submitting amended Tender, signing and executing all the documents related to the
Tender, certified copy of this Board resolution or letter or undertakings, etc., required to be submitted to
NSSCDCL as part of the Tender or such other documents as may be necessary in this regard and to do in
the name and on behalf the Consortium all or any of the acts, deeds or things necessary or incidental to
submission of said Tender including signing and executing the Contract Documents, making
representations to NSSCDCL or any other authority, and providing information / responses to NSSCDCL,
representing the Consortium in all matters before NSSCDCL, and generally dealing with NSSCDCL in all
matters in connection with our Tender till the completion of the Tendering process as per the terms of the
above said Tendering Documents and further till the Contract is entered into with the Company and
be issued in favour of the above named person, ____________, to be executed by Mr._________ or Mr.
_______________, Directors of the Company under the Common seal of the Company, affixation thereof
to be witnessed by one or both of the above named Directors and by Mr. _____________, (insert the name
and designation of the concerned official of the Company) or as per the Memorandum and Articles of
Association of the Company.

Notes:
the resolution.
(C) Format for the Board resolution to be passed by a Member other than the Lead Member of
Consortium (applicable in case the Tenderer is a consortium)
The Board, after discussion, at the duly convened Meeting on ………… (Insert date), with the consent of all
the Directors present and in compliance of the provisions of the Companies Act, 1956/2013, passed the
RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956/2013 and as
permitted under the Memorandum and Articles of Association of the Company, approval of the Board be
and is hereby accorded to submit a Tender in response to the Tendering Documents dated ___________
issued by Nagpur Smart and Sustainable City Development Corporation Limited (NSSCDCL) for
‘……………….’ [name of the work] for Nagpur Smart City Project in consortium with ________________
(insert the name and address of the other consortium members).
FURTHER RESOLVED THAT pursuant to the applicable provisions of the Companies Act, 1956/2013 and
as permitted under the Memorandum and Articles of Association of the Company, approval of the Board
be and is hereby accorded to execute a Consortium Agreement as per the format annexed to the aforesaid
Tendering Documents with ________________ (insert the name and address of the other consortium
members).
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to constitute, appoint and
authorize ____________________ (name and registered office address of the Lead Member), which is

one of the Members of the Consortium, to act as the Lead Member of the aforesaid Consortium and also
as true and lawful attorney, to do in the name and on behalf of the Consortium, all such acts, deeds and
things necessary in connection with or incidental to submission of Consortium’s Tender in response to the
Tendering Documents dated __________ issued by NSSCDCL for ‘……………….’ [name of the work]
including signing and submission of the Tender and all documents related to the Tender as specified in the
Tendering Documents, including but not limited to undertakings, letters, certificates, acceptances,
clarifications, guarantees or any other document, which NSSCDCL may require us to submit and carrying
out the Contract and doing all necessary deeds and things as may be required in respect of the above and
also for making representations to NSSCDCL and providing information / responses to NSSCDCL,
representing the Consortium in all matters before NSSCDCL, and generally dealing with NSSCDCL and/or
any other authority in all matters in connection with our Tender, till completion of the Tendering process in
accordance with the Tendering Documents and further till the Contract is entered into with NSSCDCL and
be issued in favour of the above said Lead Member, ____________, to be executed by Mr._________ or
Mr. _______________, Directors of the Company under the Common seal of the Company, affixation
thereof to be witnessed by one or both of the above named Directors and by Mr. _____________, (insert
the name and designation of the concerned official of the Company) or as per the Memorandum and
Articles of Association of the Company.
be issued in favour of Mr./Ms………………., (insert the name and designation of the concerned official of
the Company) to be executed by Mr._________ or Mr. _______________, Directors of the Company under
the Common seal of the Company, affixation thereof to be witnessed by one or both of the above named
Directors and by Mr. _____________, (insert the name and designation of the concerned official of the
Company) or as per the Memorandum and Articles of Association of the Company.
Company for submission of the aforesaid Tender, including in particular, signing and executing all the
documents related to the Tender, certified copy of this Board resolution or letter or undertakings, etc.,
required to be submitted to NSSCDCL as part of the Tender or such other documents as may be necessary
in this regard and to do in our name and our behalf all or any of the acts, deeds or things necessary or
incidental to give effect to this resolution.
Notes:

the resolution.

(D) Power of Attorney to be provided by each of the Members of the Consortium (other than the Lead
Member) in favour of the Lead Member
WHEREAS Nagpur Smart and Sustainable City Development Corporation Limited, (the Company) has issued
the Tendering Documents on _______ for inviting Tenders for ‘……………….’ [name of the work] for Nagpur
Smart City Project on the terms and contained in the Tendering Documents;
AND WHEREAS …………….., ………………. and ……………….. (Insert names of all Members of Consortium)
the Members of the Consortium are desirous of submitting a Tender in response to the Tendering Documents,
and if selected, undertaking the responsibility of ‘Insert the name of the work’ as per the terms of the
AND WHEREAS all the Members of the Consortium have agreed under the Consortium Agreement dated
………….. entered into between all the Members and submitted along with the Tender to appoint ………..
(Insert the name and address of the Lead Member) as Lead Member to represent all the Members of the
Consortium for all matters regarding the Tendering Documents and the Tender;
AND WHEREAS pursuant to the terms of the Tendering Documents and the Consortium Agreement, we, the
Members of the Consortium hereby designate M/s ………….. (Insert name of the Lead Member) as the Lead
Member to represent us in all matters regarding the Tender and the Tendering Documents, in the manner
stated below:-
Know all men by these presents, We …………………………………………………. (Insert name and address of
the registered office of the Member-1),…………………………………………………. (Insert name and address of
the registered office of the Member-2) ……………………………………. (Insert name and address of the
registered office of the Member-n) do hereby constitute, appoint and authorize
………………………………(name and registered office address of the Lead Member), which is one of the
Members of the Consortium, to act as the Lead Member and our true and lawful attorney, to do in our name
and on our behalf, all such acts, deeds and things necessary in connection with or incidental to submission of
Consortium’s Tender in response to the Tendering Document dated __________ issued by the Company for
‘……………….’ [name of the work] including signing and submission of the Tender and all documents related
to the Tender as specified in the Tendering Documents, including but not limited to undertakings, letters,
certificates, acceptances, clarifications, guarantees or any other document, which the Company may require us
to submit and carrying out the Contract and doing all necessary deeds and things as may be required in respect
of the above. The aforesaid Attorney shall be further authorized for making representations to the Company
named in the Tendering Documents, and providing information / responses to the Company named in the
Tendering Documents, representing us and the Consortium in all matters before the Company named in the
Tendering Documents, and generally dealing with the Company named in the Tendering Documents and/or any
other authority in all matters in connection with our Tender, till completion of the Tendering process in
accordance with the Tendering Documents and further till the Contract is entered into with the Company and

We, as Members of the Consortium, hereby agree to ratify all acts, deeds and things done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall be
binding on us and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms in the Tendering
Documents.
Signed by the within named

……………………………….[Insert the name of the executant company]
through the hand of
Mr. ……………………………………….
duly authorized by the Board to issue such Power of Attorney
Dated this ………………………. day of ………
Accepted
………………………………
Signature of Attorney
(Name, designation and address of the Attorney)
Attested
…………………………………..
(Signature of the executant)
(Name, designation and address of the executant)
…………………………………….
Signature and stamp of Notary of the place of execution
Common seal of ……………… has been affixed in my/our presence pursuant to Board of Director’s Resolution
dated……

WITNESS:
1. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
2. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
Notes:
1. The mode of execution of the power of attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executant(s) and the same should be
under common seal of the executant affixed in accordance with the applicable procedure. Further, the
person whose signatures are to be provided on the power of attorney shall be duly authorized by the
executant(s) in this regard.
2. In the event, power of attorney has been executed outside India, the same needs to be notarized by a
notary in the home country of company executing this power of attorney and legalized by the Indian
Embassy there. However, in case such company is from a country which has signed The Hague
Legislation Convention 1961, then the said power of attorney is not required to be legalized by the
Indian Embassy if it carries a conforming Appostille certificate.
3. Also, wherever required, the executant(s) should submit for verification the extract of the chartered
documents and documents such as a Board resolution / power of attorney, in favour of the person
executing this power of attorney for delegation of power hereunder on behalf of the executant(s).

(E) Format for PoA for Lead Member: POWER OF ATTORNEY
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution. Foreign
companies submitting Tenders are required to follow the applicable law in their country)
Power of Attorney to be provided by the TendererCompany/ Lead Member in favour of its representative as
evidence of authorized signatory’s authority.
Know all men by these presents, We …………………………………………….(name and address of the

registered office of the Tendering Company or Lead Member of the Tendering Consortium, as applicable) do
hereby constitute, appoint and authorize Mr./Ms…………………………………………………(name and
residential address) who is presently employed with us and holding the position of ______, as our Attorney to
do in our name and our behalf all or any of the acts, deeds or things necessary or incidental to submission of
our Tender for ‘……………….’ [name of the work] for Nagpur Smart City Project in response to the Tendering
Document dated ______ issued by Nagpur Smart and Sustainable Development Corporation Limited
(NSSCDCL) (the Company) including signing and submission of the Tender and all other documents related to
the Tendering, including but not limited to undertakings, letters, certificates, acceptances, clarifications,
guarantees or any other document which the Company may require us to submit and also signing and executing
the Contract Documents. The aforesaid Attorney is further authorized for making representations to the
Company or any other authority, and providing information / responses to the Company, representing us in all
matters before the Company, and generally dealing with the Company in all matters in connection with our
Tender till the completion of the Tendering process as per the terms of the Tendering Documents and further
till the Contract is entered into with the Company and thereafter till the expiry of the Contract.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power of Attorney
and that all acts, deeds and things done by our aforesaid attorney shall be binding on us and shall always be
deemed to have been done by us.
(Add in the case of a Consortium)
Our firm is a Member/Lead member of the Consortium of ___________, _________ and

___________
All the terms used herein but not defined shall have the meaning ascribed to such terms under the Tendering
Documents.

...........................................[Insert the name of the executant company]

through the hand of

Mr. ……………………………………….
Accepted
………………………………
Attested
…………………………………
……………………………………
dated……
WITNESS
1. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
2. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..

Notes:
2. In the event, power of attorney has been executed outside India, the same needs to be duly notarized
by a notary public of the jurisdiction where it is executed.
3. Also, wherever required, the executant(s) should submit for verification the extract of the charter
documents and documents such as a board resolution / power of attorney, in favour of the person

(F) Format for PoA for Other Member(s): POWER OF ATTORNEY
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution. Foreign
companies submitting Tenders are required to follow the applicable law in their country)
Power of Attorney to be provided by each Member other than the Lead Member in favor of its representative as
evidence of authorized signatory’s authority. (applicable to consortium only)
Know all men by these presents, We …………………………………………….(name and address of the

registered office of the Member of the Consortium, as applicable) do hereby constitute, appoint and authorize
Mr./Ms…………………………………………………(name and residential address) who is presently employed
with us and holding the position of ______, as our Attorney to sign and execute the Contract Agreement and
any other requisite document in our name and our behalf for ‘……………….’ [name of the work] for Nagpur
Smart City Project in response to the Tendering Document dated ______ issued by Nagpur Smart and
Sustainable City Development Corporation Limited (NSSCDCL) (the Company) and to do all or any of the acts,
deeds or things necessary or incidental to the above.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power of Attorney
and that all acts, deeds and things done by our aforesaid attorney shall be binding on us and shall always be
deemed to have been done by us.
(Add in the case of a Consortium)
Our firm is a Member of the Consortium of ___________, _________ and

___________
All the terms used herein but not defined shall have the meaning ascribed to such terms under the Tendering
Documents.

...........................................[Insert the name of the executant company]
through the hand of
Mr. ……………………………………….

Accepted
………………………………
Attested
…………………………………
……………………………………
dated……
WITNESS
1. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
2. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..

Notes:
2. In the event, power of attorney has been executed outside India, the same needs to be duly notarized
by a notary public of the jurisdiction where it is executed.
3. Also, wherever required, the executant(s) should submit for verification the extract of the charter
documents and documents such as a board resolution / power of attorney, in favour of the person

Form 10 - Tender Index
The Tenderer shall include with its Tender an index which cross refers all of the Employer’s Tendering
requirements elaborated in these documents to all the individual sections within Package 1: Technical
Package and Package 2: Financial Package which the Tenderer intends to be the responses to each
and every one of those requirements.
The Packages submitted must be clearly presented, all pages numbered and laid out in a logical
sequence with main and subheadings to facilitate evaluation.

Form 11- for seeking clarification on Tendering Documents
Nagpur Smart and Sustainable City Development Corporation Limited (NSSCDCL)
Project Name : Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works on Tender SURE
Concepts for ABD area under Nagpur Smart City Project” across all the documents viz DPR, RFP,
Designs/Drawings and BoQs.
Tender Reference No : NSSCDCL/TENDER/001/2018-19
Clarifications :Technical / Commercial / General
Details of
Volume / Page Clause Clarification Bidders
Sl.No Clarification by NSSCDCL
Section No. No. as per Bid Query
Document
1 2 3 4 5 6 7
Bidders to submit the Clarifications separately for Technical, Commercial and General in Editable Excel format
as well as pdf version and mail to be addressed to ceonsscdcl@gmail.com

13. Letter of Undertaking Regarding Confidentiality of Tender Information
(This document is to be prepared by the Tenderer and submitted on Tenderer’s Letterhead as part of Technical
Package as per Instructions to Tenderer)
To: Date: ……………….

NSSCDCL
Nagpur, Maharashtra-440001, INDIA
Sub: [“Insert Name of the work”]
Contract No. [“Insert Contract No.”]- Regarding Letter of Undertaking
We (Name of Tenderer / Consortium) hereby undertake that the Tender drawings, both in hard copy and
digitized format, and the Tendering documents purchased as a necessary part of our preparation of this
Tender shall be used solely for the preparation of the Tender and that if the Tender is successful, shall
be used solely for the execution of Works.
We further undertake that the aforesaid Tender drawings and documents prepared by NSSCDCL, shall not be
used in whole, in part or in any altered form on any other project, scheme, design or proposal that the
Tenderer / Consortium / Members of Consortium or its/their parent companies or sub-contractors of the
Tenderer / Consortium are, or will be involved with either in India or in any other Country.
Signed: ……………………….

(Name of Tenderer / Joint Venture / Consortium)
(To be signed by each member of the Joint Venture / Consortium, as applicable)

14. Undertaking for Downloaded Tendering Documents
We hereby confirm that, we have downloaded the complete set of Tender Documents along with the set of
enclosures hosted in e-tendering portal http://mahatender@gov.in. We confirm that the Tendering Documents
has not been edited or modified by us. In case, it is observed by NSSCDCL that the Tendering Documents have
been edited or modified, we agree for the rejection of our Tender by NSSCDCL.
Company name ………………………....

Name …………………………..
Signature …………………………..
Postal address …………………………..
E-mail ID …………………………..
Phone Fax …………………………..

15. Sample Format for Banking Reference for Liquidity
(to be submitted on the letter head of the Bank with Contact details, Address, Phone Number, E. Mail
id, etc. ) 
BANK CERTIFICATE
This is to certify that M/s .................................................... is a reputed company with a good financial
standing.
If the contract for the work, namely..............................................................................is awarded to the
above firm, we shall provide overdraft / credit facilities to the extent of Rs....................... to meet their
working capital requirements for executing the above contract.
Signature:- ___________
Name of Bank:__________
Senior Bank Manager_____________
Address of the Bank_______________
Change the text as follows for Joint Venture / JVA / Consortium
This is to certify that M/s ................................................... who has formed a JV / Consortium with M/s
.................................................... and M/s .................................................... for participating in this
Tender, is a reputed company with a good financial standing.
If the contract for the work, namely..............................................................................is awarded to the
above joint venture / Consortium, we shall provide overdraft / credit facilities to the extent of
Rs....................... to M/s .................................................... to meet their working capital requirements for
executing the above contract.
Signature:- ___________
Name of Bank:__________
Senior Bank Manager_____________
Address of the Bank_______________
[This should be given by the JV members in proportion to their financial participation]

17. Form of Certificate confirming downloading of all Tendering Documents,

Corrigenda and Addenda
This is to certify that we, M/s ____________________________ [* Name of the Tenderer] have downloaded all
Tendering Documents, Corrigenda, Clarifications and Addenda for Contract No. ______________as
listed below:
1. Addendum No. …………

2. …………………………..
3. …………………………..
4. ……………………………
SIGNATURE OF TENDERER
Note:
* In case of a Consortium, to be submitted by the Authorized representative of the Lead Member.

18. Form of Declaration for non-engagement of any agent, middleman or

intermediary
[We hereby declare / We hereby jointly and severally]@ declare that the submission of this Tender confirms
that no agent, middleman or any intermediary has been, or will be engaged to provide any services, or
any other item or work related to the award and performance of this Contract. We further confirm and
declare that no agency commission or any payment, which may be construed as an agency commission,
has been, or will be paid and that the Tender price does not include any such amount. We acknowledge
the right of the Employer, if it finds to the contrary, to declare our Tender to be non-compliant and if the
Contract has been awarded to declare the Contract NULL and VOID.
SIGNATURE OF THE TENDERER
(In case of a partnership, joint venture or consortium, to be submitted by the each constituent member)
@ Strike out whichever is not applicable

19. Form of certificate confirming careful examination of all the contents of

Tendering Documents and signing of all pages of Tenderer’s proposal
This is to certify that we, M/s______________ [*Name of the company/consortium] have carefully examined
all the contents of the Tendering Documents including Addenda (if any) and all the pages of our
proposal have been signed and stamped by our authorized signatory.@.
SIGNATURE OF TENDERER
@In case of a joint venture or consortium, such pages to be signed by authorized signatory of the Lead
member.

22. Undertaking for obtaining registrations under various fiscal and labour
laws
(To be submitted on Tenderer’s Letterhead)

Dated:…………..
Letter of Undertaking
CONTRACT No. [“Insert Contract No.”]
[“Insert Name of the Work.”]
I _________ (State Name of Director/Partner/ Karta/Authorized Person) in capacity of _______ of
__________(State name of the undertaking organization) here by undertake to get registered under
_________ (state the type of registration to be obtained) before ______ (state time line) (preferably
immediately after award of Contract).
I also undertake to indemnify NSSCDCLin case of any loss caused due to non-registration.
I state that everything declared by me is true and correct to my belief.
Signed……………..
For on behalf of
(Name of Tenderer / Consortium)

Form 23. COVENANT OF INTEGRITY
to the Promoter
from a Tenderer, Contractor, Supplier or Consultant to be attached to its Tender
(or to the Contract in the case of a negotiated procedure)
“We declare and covenant that neither we nor anyone, including any of our directors, employees, agents, joint
venture partners or sub-contractors, where these exist, acting on our behalf with due authority or without
knowledge or consent, or facilitated by us, has engaged, or will engage, in any Prohibited Conduct (as
defined below) in connection with the tendering process or in the execution or supply of any works,
goods or services for [specify the contract or tender invitation] (the “Contract”) and covenant to so
inform you if any instance of any such Prohibited Conduct shall come to the attention of any person in
our organisation having responsibility for ensuring compliance with this Covenant.
We shall, for the duration of the tender process and, if we are successful in our tender, for the duration of the
Contract, appoint and maintain in office an officer, who shall be a person reasonably satisfactory to you
and to whom you shall have full and immediate access, having the duty, and the necessary powers, to
ensure compliance with this Covenant.
If (i) we have been, or any such director, employee, agent or joint venture partner, where this exists, acting as
aforesaid has been, convicted in any court of any offence involving a Prohibited Conduct in connection
with any tendering process or provision of works, goods or services during the five years immediately
preceding the date of this Covenant, or (ii) any such director, employee, agent or a representative of a
joint venture partner, where this exists, has been dismissed or has resigned from any employment on
the
grounds of being implicated in any Prohibited Conduct, or (iii) we have been, or any of our directors, employees,
agents or joint venture partners, where these exist, acting as aforesaid has been excluded by the EU
Institutions or any major Multi-lateral Development Bank (including World Bank Group, African
Development Bank, Asian Development Bank, European Bank for Reconstruction and Development,
European Investment Bank or Inter-American Development Bank) from participation in a tendering
procedure on the grounds of Prohibited Conduct, we give details of that conviction, dismissal or
resignation, or
exclusion below, together with details of the measures that we have taken, or shall take, to ensure that neither
this company nor any of our directors, employees or agents commits any Prohibited Conduct in
connection with the Contract [give details if necessary].
In the event that we are awarded the Contract, we grant the Project Owner, the European Investment Bank(EIB)
and auditors appointed by either of them, as well as any authority or European Union institution or body
having competence under European Union law, the right of inspection of our records and those of all
our sub-contractors under the Contract. We accept to preserve these records generally in accordance

with applicable law but in any case for at least six years from the date of substantial performance of the
Contract.”
For the purpose of this Covenant, Prohibited Conduct includes3,
• Corrupt Practice is the offering, giving, receiving or soliciting, directly or indirectly, anything of value to
influence improperly the actions of another party.
• Fraudulent Practice is any act or omission, including a misrepresentation, that knowingly or recklessly
misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation.
• Coercive Practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any
party or the property of any party to influence improperly the actions of a party.
• Collusive Practice is an arrangement between two or more parties designed to achieve an improper
purpose, including influencing improperly the actions of another party
• Obstructive Practice is (a) deliberately destroying, falsifying, altering or concealing of evidence material
to the investigation; and/or threatening, harassing or intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the investigation or from pursuing the investigation, or(b) acts
intended to materially impede the exercise of the EIB’s contractual rights of audit or access to information
or the rights that any banking, regulatory or examining authority or other equivalent body of the European
Union or of its Member States may have in accordance with any law regulation or treaty or pursuant to
any agreement into which the EIB has entered in order to implement such law, regulation or treaty;
• Money Laundering is defined in the Bank’s Anti-Fraud Policy
• Terrorist financing is defined in the Bank’s Anti-Fraud Policy
• Project Owner means the person designated as such in the Tendering documents or the Contract.
SIGNATURE OF THE TENDERER
(In case of a partnership, joint venture or consortium, to be submitted by the each constituent member)
3 Most definitions are those of the IFI Anti-Corruption Task Force’s Uniform Framework of September 2006.

Form 24. Nominated Sub-Contractors
Name of Proposed Subcontractor: - ……………………………………..
Contract Period
Value for which Actual
Name of work the proposed
Name & address Total value of Start
Sl. executed by subcontractor
of “Employer” the work
the proposed was Stipulated
as well as (Rupees in
Sub-Contractor responsible (Years) Completion
“Engineer” Million)
with location. (Rupees in (date)
Million)
i) Works completed in last 5 years starting 1.05.2013
ii) Works in hand

Pricing Schedule
Please refer to the e-portal for the Price schedule to be filled by the Bidders

Instructions for Financial Quotes
The Tenderer shall submit the Commercial Tender (e-Packet C) via online “Commercial Quote” by
filling the Complete Financial Proposals. It is mandatory to submit e-Packet C.

Online Pricing Schedule
Subject:
Design and Construction Contract for Road, For Roads, Bridges and Associated Works
Description Quantity Rate Total Price
Design and Construction Contract for Road, For

1 Lump Sum
Road, Bridges, Sidewalks, Associated Civil Works
Signature of the Authorized Signatory
Please refer to the e-portal for the Price schedule to be filled by the Bidders
Note:- 1) This form is only for reference, applicant/ tenderers should not enter any cost in this form and the cost shall be
entered online in “Commercial Quote” tab generated in the e-tendering system only.
(Please see Instructions)

PAYMENT SCHEDULE
Please refer to the Volume II Particular Conditions of Contract, Clause 14
14. Contract Price and Payment
14.2 Advance Payment
1 14.2 Deleted
2 14.2.3 14.2.3 Recovery of Advances
Deleted
14.3 Application for Interim Payment Certificates
3 14.3 Add to Sub-Clause 14.3 :
The Contractor shall not submit more than one request for interim payment per month
subject to the Contractor’s Monthly Statement meeting the minimum value of 3%
of Contract Price or otherwise agreed by Employer / Engineer.
Add at end of Sub-Clause 14.3
The percentage of retention in each interim payment shall be ten percent (10%) starting
from the first IPC, until the limit of Retention Money equal to five percent (5%) of the
Contract Price is reached.
14.5 Plant & Machinery Intended for Works
4 14.5
Delete Sub-Clause 14.5
14.7 Payment
5 14.7 (b) Replace Sub-Clause 14.7 (b) with the following:
(a) After scrutiny and certification by the Engineer within 28 days of submission of statement
and supporting documents, the payment of the certified interim amount shall be
made by the Employer within 21 days from the date of issue of Interim Payment
Certificate by the Engineer.
(b) All payments to the Contractor shall be made by RTGS/NEFT. The Contractor is entitled
to a simple interest at 8% PA for any sum paid after 56 days from the date of
certification. This shall not apply to the final payment.
The above Lump sum amount shall be apportioned for various works as below for
the purpose of payment.

Quantity Road Width

Payment Amount in
(in
Centr Description IN
meters
e R
)
A. Preliminaries
MC-01 (Rigid
B 2472.093m 30m
Pavement)
MC-02 (Rigid
C 2903.588m 30m
Pavement)
MC-03 (Rigid 2412.7675

D 24m
Pavement) m
MC-04 (Rigid
E 2574.525m 24m
Pavement)
MC-05 (Rigid
F 1510.99m 24m
Pavement)
MC-06 (Rigid
G 1941.593m 24m
Pavement)
MC-07 (Flexible
H 458.0886m 18m
Pavement)
MC-08 (Flexible
I 666.0282m 18m
Pavement)
MC-09 (Flexible
J 2865.995m 18m
Pavement)
MC-10 (Flexible
K 2280.502m 18m
Pavement)
MC-11 (Flexible
L 952.3179m 18m
Pavement)
MC-12 (Flexible
M 1241.422m 18m
Pavement)
MC-13 (Flexible
N 3018.798m 18m
Pavement)
MC-14 (Flexible
O 1655.569m 18m
Pavement)

MC-15 (Flexible
P 827.0626m 18m
Pavement)
MC-16 (Flexible
Q 1118.228m 18m
Pavement)
MC-17 (Flexible
R 1077.644m 18m
Pavement)
MC-18 (Flexible
S 2692.885m 18m
Pavement)
MC-19 (Flexible
T 345.6484m 18m
Pavement)
MC-20 (Flexible
U 300.54m 12m
Pavement)
MC-21 (Flexible
V 1243.087m 12m
Pavement)
MC-22 (Flexible
W 628.1087m 12m
Pavement)
MC-23 (Flexible
X 406.3381m 12m
Pavement)
MC-24 (Flexible
Y 1092.426m 12m
Pavement)
MC-25 (Flexible
Z 1281.944m 12m
Pavement)
MC-26 (Flexible
AA 179.93m 12m
Pavement)
MC-27 (Flexible
AB 764.0501m 12m
Pavement)
MC-28 (Flexible
AC 1060.407m 12m
Pavement)
MC-29 (Flexible
AD 587.7887m 12m
Pavement)
MC-30 (Flexible
AE 715.5289m 12m
Pavement)
MC-31 (Flexible
AF 1101.645m 12m
Pavement)

MC-32 (Flexible
AG 152.7839m 12m
Pavement)
MC-33 (Flexible
AH 1565.18m 12m
Pavement)
MC-34 (Flexible
AI 426.3353m 12m
Pavement)
MC-35 (Flexible
AJ 309.2156m 12m
Pavement)
MC-36 (Flexible
AK 774.2989m 12m
Pavement)
MC-37 (Flexible
AL 378.3553m 12m
Pavement)
MC-38 (Flexible
AM 272.7924m 12m
Pavement)
MC-39 (Flexible
AN 70.9855m 9m
Pavement)
MC-40 (Flexible
AO 378.5335m 9m
Pavement)
MC-41 (Flexible
AP 35.7814m 9m
Pavement)
MC-42 (Flexible
AQ 1262.014m 9m
Pavement)
MC-43 (Flexible
AR 877.9387m 9m
Pavement)
MC-44 (Flexible
AS 23.4928m 9m
Pavement)
MC-45 (Flexible
AT 439.0819m 9m
Pavement)
MC-46 (Flexible
AU 357.4368m 9m
Pavement)
MC-47 (Flexible
AV 30.4692m 9m
Pavement)
MC-48 (Flexible
AW 624.5941m 9m
Pavement)

MC-49 (Flexible
AX 322.0299m 9m
Pavement)
MC-50 (Flexible
AY 130.716m 9m
Pavement)
MC-51 (Flexible
AZ 84.9984m 9m
Pavement)
MC-52 (Flexible
BA 241.0282m 9m
Pavement)
MC-53 (Flexible
BB 396.0601m 9m
Pavement)
MC-54 (Flexible
BC 312.3563m 9m
Pavement)
MC-55 (Flexible
BD 73.0897m 9m
Pavement)
BE Bridges and Culverts 28 Nos. -
Elevated Storage 4+4 Nos. -

Reservoir(ESR
) and Ground
BF
storage
Reservoir(GS
R)
BG MEP Works -
Add for all duties and taxes(GST)
PAYMENT CENTRE TOTAL
14.9 Payment of Retention Money
6 14.9 Replace Sub-Clause 14.9 with the following:
Retention money is 5% of the Contract Sum which will be recovered as stated in FT – 1,

Volume 1 and retained by the Employer.
The Retention monies shall be held by the Employer without obligation to invest them or
account for interest thereon or to place them in a designated account. No interest
of whatsoever nature and type will be paid to the Contractor by the Employer in
respect of Retention monies.
The Retention monies shall become due to the Contractor within 28 days of issuing the

Performance Certificate.
14.15 Currencies of Payment
7 14.15 Replace Sub-Clause 14.15 with the following:
All payments and deduction made by the Employer pursuant to the terms of the Contract
shall be in Indian Rupees (INR).
14.18 Tax Deduction at Source
8 14.18 Add a new Sub-Clause :14.18
Tax Deduction at Source
Tax deductions will be made at source as per statutory requirement from every payment
made to the Contractor at rates notified from time to time.
14.20 Recovery of money due to the Employer
9 14.20 Add a new Sub-Clause :14.20
Recovery of money due to the Employer
All damages (including, without limitation, liquidated damages), costs, charges, expenses, debts,
or sums for which the Contractor is liable to the Employer under any provision of the
Contract may be deducted by the Employer from monies due to the Contractor under the
Contract including, without limitation, and the Employer shall have the power to recover
any balance not so deducted from monies due to the Contractor under any other contract
between the Employer and the Contractor.

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Nagpur Smart and Sustainable City Development Corporation Limited

Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works on

Notice Inviting to Tender (NIT)

RFP No: NSSCDCL/TENDER/01/2018-19

Employer: Project Management Consultant:

Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works on

Volume 8 Financial Proposal (Pricing Document)

Volume-1: Instructions to Tenderers Page 2

Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works

Notice Inviting to Tender (NIT)

Nagpur Smart and Sustainable City Development Corporation Limited

Volume-1: Instructions to Tenderers Page 3

Nagpur Smart and sustainable city Development corporation Limited

Date: April 25, 2018

1. Nagpur Smart and Sustainable City Development Corporation Limited (NSSCDCL) a

Volume-1: Instructions to Tenderers Page 4

8. Key Details and Schedule of Submission are as follows: -

Volume-1: Instructions to Tenderers Page 5

Bidders to send the Request for

Office of The Chief Executive Officer

Seal of Chief Executive Officer,

Volume-1: Instructions to Tenderers Page 6

Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works on

Instructions to Tenderers (ITT)

Section 1 – Special Instructions to Tenderers for e-tendering

Nagpur Smart and sustainable city Development Corporation Limited (NSSCDCL)

Volume-1: Instructions to Tenderers Page 7

Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works on

Nagpur Smart and sustainable city Development Corporation Limited (NSSCDCL)

Volume-1: Instructions to Tenderers Page 8

SECTION-I SPECIAL INSTRUCTIONS TO TENDERERS FOR e-TENDERING

1. The e-Tendering process of NSSCDCL is enabled through the Portal URL

Volume-1: Instructions to Tenderers Page 9

h) Before submission, Tenderers to verify/ensure that the documents are uploaded

Volume-1: Instructions to Tenderers Page 10

Volume-1: Instructions to Tenderers Page 11

(I) (a) The e-Packet ‘A’ shall contain the following –

3) Forms specified in the Eligibility Criteria for Pre- Qualification

(II) The e-Packet “B” shall contain the following –

Office of the Chief Executive Officer, NSSCDCL, Nagpur

(III) The e-Packet ‘C’ shall contain the following –

Volume-1: Instructions to Tenderers Page 12

Office of the Chief Executive Officer, NSSCDCL, Nagpur

Start Date read as “Sale Date”

End Date read as “Submission Date”

Supplier read as “Contractor/ Tenderer”

Vendor read as “Contractor/Tenderer”

Vendor Quotation read as “Contractor’s Tender/ Tenderer’s Offer”

Purchaser read as “Department/NSSCDCL”

Volume-1: Instructions to Tenderers Page 13

Design and Construction of Roads, Bridges, Culverts, sidewalks, MEP works on

Nagpur Smart and sustainable city Development Corporation Limited (NSSCDCL)

Volume-1: Instructions to Tenderers Page 14

Sr. Description Page

1.1 Relevant information and scope of the works ................................................... 15

2.1 Content of Tender Documents ......................................................................... 18

3.1 Language ......................................................................................................... 20

Volume-1: Instructions to Tenderers Page 15

3.20 Late or Delayed Tenders .................................................................................. 28

Section III A: Qualification Requirement ................................................................................................ 43

Form-1: FORM OF TENDER / LETTER OF TENDER .......................................................................... 57

APPENDICES TO THE FORM / LETTER OF TENDER ....................................................................... 65

FORM / LETTER OF TENDER - APPENDIX FT-1 ............................................................................... 66