RFP for Car Parking Shed & Driver Rest Room 1

RFP for Parking Shed & Driver Rest Room

Ref:- GMR/KSEZ/CPD/2018-19/Parking Shed & Driver Rest Room
Date:- 17th May 2018

1. General Terms of this RFP.

GMR GROUP (“GMR”) GMR Group is one of the fastest growing private sector organizations in
India with Infrastructure Development as its core business. Founded in 1978, the group is well-
diversified and professionally managed. With assets about 3.44 billion USD currently under
management and over 8.83 billion USD under implementation, the core areas of the group
cover Airports, Highways, Energy, SEZ and Property Development. The Group is also actively
engaged in CSR activities the areas of Education, Health and Community Services through its
Foundation, reaffirming its grass root presence as a change agent of society.
All these would be driven by a single minded path of translating the vision of the Group by
building entrepreneurial organizations that make a difference to society through creation of
value.

1.1.1 Contact person at GMR

Mr. Jivesh Goel
Central Procurement Department
New Udaan Bhawan office, Near to Terminal 3
Indira Gandhi International Airport, New Delhi

Mob:+91 9953600411

E-mail: jivesh.goel@gmrgroup.in

1.2 Completion Period

Time for Completion is 30 days

1.3 Amendment to RFP Document

a) GMR shall have the absolute right to modify the RFP Documents by issuing addenda which
shall be a part of the RFP Documents. The Applicant Consultant shall acknowledge receipt
of each addendum to GMR. Any amendments made to the RFP will be made available to all
the applicants.
b) GMR may extend the deadline for submission of Proposals, if required. The same would be
applicable to all applicants.

1.4 Confidentiality / Non Disclosure

All information (data or other documentation) issued to the Applicant Consultant in the context
of the RFP, remains the property of GMR and/or the Customer(s) and will only be
communicated and distributed to those of the Applicant Consultant’s employees who need to
be informed.
At no times information concerning this RFP and "GMR" may be shared with other employees
or companies, nor the RFP in general nor it’s content. Any non-conformance to these rules may
lead to the proposal being rejected.

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The Applicant Consultant shall keep any and all technical information, information about the
processes and the installations, know-how, data and specification which would be provided by
GMR under this RFP, whether in writing or verbally, strictly confidential and shall not disclose
them to any third party without GMR ’s prior written consent (hereinafter referred to as
‘Confidential Information’). The secrecy obligation as mentioned above shall be extended to
Applicant Consultant personnel, and therefore Applicant Consultant shall take all necessary
precautionary means therefore.
The Applicant Consultant is not allowed to disclose any of the information, which would be
provided by GMR under this RFP to any other company belonging to the Applicant Consultant
group or with whom a participation relation exists. All other companies will be considered as
third parties for the Application of the Agreement.

2. General Terms & Conditions

2.1 Performance Issues & Standards
The Consultant shall carry out the works with due diligence and in a professional manner
expected of it by incorporating best industry practices.

2.2 Services and Personnel

1. The Consultant shall indemnify and keep fully indemnified GMR , its officers, employees,
consultants etc, against all costs, damages, losses, legal costs, attorney fees, and other related
expenses whatsoever that may be incurred by it as a result of any act of negligence, or willful
misconduct by the Consultant or its Personnel in relation to or in respect of performance/ non-
performance/ mal-performance etc of Service(s) under this Agreement and/ or any breach or
violation of the terms and conditions of this Agreement including but not limited to damage,
theft or misplacement of the work stations and other equipment. The Consultant agrees that
GMR may, without prejudice to any of the rights of GMR under this Agreement or otherwise, be
entitled to deduct from any payments/amount due and payable by GMR to The Consultant
under this Agreement.

2. GMR shall be entitled, after consultation with the Consultant, to require the replacement of
any person employed by the Consultant in the performance of the services including the team
leader or any of the key personnel who, in GMR's reasonable judgment, has failed to perform
satisfactorily, or who has misconducted himself in any way, or who is incompetent or negligent,
or whose continued involvement in the project is detrimental to the interests of GMR. The
Consultant's team leader shall promptly replace such person with an appropriately qualified and
experienced substitute at no additional cost to GMR.

3. The Consultant shall deploy its competent personnel whenever required to explain the scope
of the services covered by it before any statutory authority, Government department, statutory
auditor of GMR or any other organization as and when intimated by GMR without any extra cost
in the state of Delhi

2.3 Confidentiality
1. The Consultant agrees that all information (whether oral, written, visual or otherwise)
about GMR to be received by it or any of its Personnel during the performances of the
Services under this Agreement are privileged and confidential [“Confidential Information”]
and shall solely be used for providing the Services under this Agreement.

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2. No Confidential Information shall be disclosed either by the Consultant or any of its

Personnel in any manner to any third party except to those having a need to know the
same in connection with Services to be performed by the Consultant under this Agreement
or to any party with a prior approval of GMR.

3. The Consultant shall take all steps to enforce (and fully ensure) the confidentiality
obligations imposed on it and its Personnel (including the employees who have worked
under this Agreement and have resigned / left during the term of this Agreement) as above
including diligently prosecuting, at its own cost, any breach or threatened breach of those
obligations by a person to whom either The Consultant or any of its Personnel may have
disclosed any such information.

2.4 Indemnity
Notwithstanding anything to the contrary contained in this Agreement, The Consultant shall
indemnify and hold harmless GMR, its directors, employees and agents from and against all
actions, claims, demands, losses, damages, costs and expenses for which GMR shall or may be
or become liable in respect of and to the extent that they arise from:-

1. The negligent use, misuse, waste or abuse by the Consultant or any of its personnel of any
Equipment or Software during the course of providing services under this Agreement.

2. Loss, damage, injury or death from any cause whatsoever to property or person caused or
contributed to by any willful misconduct, negligence, breach or default of the Consultant or any
of its Personnel, ex-employees, agents, invitees or other persons as aforesaid.

3. Loss or liability for any penalty, offence, default or failure to observe and comply with all
Applicable Laws, rules, regulations, directions, statutes orders, and notices mandatory for
providing the Services.

2.5 Termination
1. Either Party may terminate this Agreement at any time by serving upon the other, a prior
written notice of at least 30 days.

2. The Consultant’s appointment under the Agreement may be terminated immediately by

notice in writing by GMR:
2.1 If the Consultant commits a breach of any of its obligations under this Agreement and fails
to remedy the same within a period of five (5) days after written notice of the breach by GMR ;
or
2.2 If the Consultant at any time abandons in whole or in part the Services, irrespective of the
duration.

2.6 Dispute Resolution

1. Any Dispute shall initially be resolved by amicable negotiations between the Parties. If the
Dispute is not resolved by amicable negotiations within ten (10) days of the written notice of
the existence of any such Dispute, the Disputes shall finally be referred to a sole arbitrator to
be appointed by the Managing Director of GMR nominee. The award passed by the sole
arbitrator shall be final and binding on the Parties.

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2. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act,
1996 in effect at the time of the arbitration. The venue of the arbitration shall be New Delhi,
India and it shall be conducted in English language.

3. The arbitral award shall be in writing, state the reasons for the award, and be final and
binding on the Parties concerned. The award may include an award of costs, including
reasonable attorneys’ fees and disbursements.
Subject to as provided above, the courts of competent jurisdiction at Delhi shall have the
exclusive jurisdiction to adjudicate any Dispute under this Agreement, to the exclusion of other
courts.

2.7 CLARIFICATION ON BID DOCUMENTS

Prospective bidders requiring clarification on the Bid documents may notify the Main
Contractor prior to the specified date as per Tender Notice.

2.8 AMENDMENT / ADDENDUM OF BID DOCUMENTS

At any time prior to the deadline for last date of receipt of bids, the Main Contractor may, for
any reason, modify the Bid Documents by Amendment/Addendum/Errata.

The Amendment/Addendum/Errata shall be part of the Bid Documents and shall be notified
through Ariba portal to all prospective tenderers who have received the Bid Documents and
shall be binding on them. Tenderers shall be required to acknowledge receipt of any such
amendment/ addendum to the Bidding Documents.

In order to afford prospective bidders reasonable time in which to take the

amendment/addendum into account in preparing their Bids, the Main Contractor may,at its
discretion and based on impact of Amendment/Addendum/Errata, extend the deadline for the
submission of Bids. However Main Contractor intends and endeavors to adhere to the schedule
indicated in this document.

2.9 PRICE TENDERED

Tenderers shall note that the price tendered shall be the full inclusive value of the Works which
includes all costs and expenses which may be required in and for the Works described whether
specifically mentioned or not, including all freight, insurances, taxes, entry tax if any, duties,
levies & Cess (subject to specific exemptions available for the project as set out in Clause 2.13
of Instructions to Tenderers), together with all general risks liabilities and obligations set forth
or implied in the documents on which the tender is based. The Main Contractor will not be
responsible for or pay for expenses or losses which may be incurred by any Tenderer in the
preparation and submission of the Tender, or in any activity connected therewith. As soon as
the Work Order is issued to the Tenderer all future expenses and all taxes, etc., to be incurred
by him shall be deemed to have been covered by the Prices quoted in his Tender. However, the
Work Order price shall be adjusted, upward or downward, for any variation in tax rates (other
than income tax rates) to the extent applicable to Sub- Contractor and not to his
supplier/agent/sub-contractor as per the Change in Law subsequent to the issue of Work
Order.

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2.10 DOUBTS
Any tenderer who may be in doubt as to the meaning of any part of the tender documents shall
at once notify the Main Contractor requesting written explanation or clarification through Ariba
portal thereof prior to the timeline indicated in this Tender Notice. Such explanation or
clarifications to the tender document shall be issued as formal addenda by Main Contractor to
all the tenderer and such addenda shall become part of the Tender document and be
incorporated and returned with it.

2.11 LANGUAGE OF THE TENDERER

All documents relating to the tender shall be in the English language. Any printed literature
furnished by the bidder may be written in another language, provided that this literature is
accompanied by an English translation, in which case, for purposes of interpretation of the Bid,
the English translation shall govern.

2.12 EMD
1. Bidder shall furnish EMD along with the Bid for the Rs 40,000/- in favour of Kakinada SEZ
Limited, Hyderabad.

2. Bids without EMD may be rejected.

3. The EMD shall specifically bind the bidder to keep his offer valid for acceptance and to abide
by all the conditions of the Bid Documents read in conjunction with schedule of deviations, if
any.

4. The Purchaser shall, however, arrange to release the EMD in respect of unsuccessful bidders
as soon as possible, but not earlier than acceptance of award by successful bidder.

5. The EMD in respect of the successful Bidder shall be released after receipt of the Performance
Bank Guarantee for the specified value.

6. The successful Bidder shall also undertake that the validity of the EMD shall be extended
suitably until he furnishes the Purchaser a bank guarantee towards Performance Guarantee for
the specified value in the event of the Bidder becoming the successful bidder.

2.13 CONDITIONS FOR FORFEITURE OF EMD

Any of the following conditions would lead to the forfeiture of EMD:-

1. If the bid is withdrawn during the validity period or any extension thereof.

2. If the bid is varied or modified in a manner not acceptable to the Main Contractor during the
validity or agreed extended validity period or after issue of Work Order by the Main Contractor .

3. If, the successful bidder is seeking modifications to the agreed terms and conditions after
issue of Work Order.

2.14 LATE BIDS

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Any Bid received by the Main Contractor through any other mode except as mentioned in this
tender document before or after the deadline for submission of Bids prescribed by the Main
Contractor may be rejected and/or returned unopened to the Bidder.
The bidder need to take written permission for extension on Bid Submission Date.

2.15 BIDDER ACCEPTANCE

Bidder has read terms from 2.1 to 2.14 and the same is accepted.

2.16 TECHNICAL SPECIFICATION

1. Attach Company Profile
2. Attach Experience List
3. Attach Reference PO
4. Balance Sheet
5. Signe Copy of RFP

3.1 QUALIFICATION CRIETERIA

1. The Applicant shall have been involved in the similar work for the last five years or more.The
Applicant must provide necessary supporting documents as proof in respect of the eligibility
criteria.
2. Average Annual Financial Turnover during last 5 years ending 31st March 2017 should be at
least 1 Cr. (Please submit copies of audited balance sheets of last 5 years).

3.2 BID EVALUATION CRIETERIA

The evaluation will be done on the eligibility criteria parameters. The qualified Applicants will be
invited for submission of financial bid and detailed Tender documents comprising of BOQ,
technical specifications, tender drawings and price bid format for submitting their financial bids
along with Price Bid. The documents as above must be serially page numbered, signed/stamped
and tied up securely before submission. documents received without requisite Pre qualification
document.
GMR reserves the right to accept or reject any or all the tenders without assigning any reason.

3.3 SCOPE OF WORK

The work would include the following
Building of Car Parking Shed & Driver Rest Room as per Price Schedule

Time for Completion is 1 months.

KSEZ will not provide any space for Stores and space for putting up labour camps also power &
water to be arranged by the contractor.
Detailed BOQ attached.
The quantity will be finalized based on measurements

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3.4 TECHNICAL DEVIATION

Please mention the Annexure.

4.0 COMMERCIAL TERMS

1. 4.1 A) On submission of the certified RA bill KSEZ will release 70% as an ADHOC payment within
14 days from the date of certified RA bill submission.
B) Balance 30% will releases within 28 days from the date of submission of certified RA bill.

C)5% will be kept hold in every RA bill as retention money which shall be paid after completion of
defect liability period without any interest.

D) The Defect Liability period is 1 Year from the date of completion of the works.

2. Completion Period:- The complete Scope of Work shall be completed within 30 days from the
date of Release of Letter of Intent (LOI) or Letter of Award (LOA) / Work Order, whichever is
earlier.
3. Warranty Period:- The Warranty Period / Defects liability for the said works is for 01 year from the
date of completion and handing over of complete scope of work duly accepted by KSEZ.
• During the Warranty Period / Defect Liability period, the contractor shall rectify the defects at its
own cost and expenses to our satisfaction. All repair services during this period shall be done at
KSEZ site and within timelines as specified by us. If the repair services are not provided within the
time limits as specified by us, then we shall get it repaired from any other source at your cost,
expense and risk and cost/expense of all such repairs shall be recoverable from you.
4. RETENTION AMOUNT - 5% of the Contract value shall be deduced as retention money against
each RA bills, which shall be released after completion of the Warranty Period / Defects liability
period.

4.2 LD CLAUSE
It is understood and agreed that in case the works are not completed within the Contract period,
or within any period of authorized extension thereof, the GMR will suffer a damage solely by
reason of the delay and it is being impractical and infeasible to determine the amount of actual
damage. If the completion of the work is delayed for reasons attributable to the Contractor,
beyond the scheduled Completion Period, Liquidated Damages shall be levied @ 0.5% of the
Contract Price per week or part thereof upto a maximum 10% of the Contract Price. Such
Liquidated damages shall be recovered from the bills/ Retention money/Performance Bank
Guarantee or from any payment which may be due to the Contractor. Both parties agree that the
Liquidated damages agreed in this clause are a reasonable estimate of the damages that the
Employer will suffer due to the Contractor’s delays.

4.3 DEFECT LIABILITY PERIOD

The Defects liability for the said works is for 1 year from the date of completion and handing over
of complete scope of work duly accepted by GMR. During the Defect Liability period, the
contractor shall rectify the defects at its own cost and expenses to our satisfaction. All repair
services during this period shall be done at GMR site and within timelines as specified by us. If the
repair services are not provided within the time limits as specified by us, then we shall get it

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repaired from any other source at your cost, expense and risk and cost/expense of all such repairs
shall be recoverable from you.

4.5 GST Exemption

1. Consultant / Contractor should submit a letter of undertaking to the Asst.commissioner for GST
requesting for providing export of goods or services without payment of integrated tax.

2. According to the regulations of GST, Bond/Bank Guarantee need to be provided to Asst Commissioner for
GST requesting for providing exports of goods or services without payment of integrated tax.

3. Upon submission and acceptance of the Bond/BG as per regulations, the asst commissioner shall issue
letter of acceptance.

4. Illustration of Bond Amount:-

The contractor has to provide a bond for 18% (or 28% depending on the nature of Supply/Service) CGST
tax value of the Work Order value. (Eg.for Rs 80 Lakhs Work Order 18% of CGST is Rs 14.40 Lakhs). The
contractor has to provide a Bank Guarantee for 15% of the CGST i.e. 15% of 14.40 Lakhs =Rs 2.16 Lakhs.
BG has to provide of Rs 2.16 Lakhs only)

4.6 COMMERICAL DEVIATION

Please mention the deviation here only.

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