EOI MEGA - Appointment of General Engineering Consultant (GEC)

Expression of Interest
Appointment of General Engineering Consultant (GEC) for Gandhinagar Ahmedabad Metro Rail Project
EOI Ref No: Tender/EOI/GEC/003/04-2012
April 2012
Issued by:
Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Company Limited 5th Floor, Nirman Bhavan, Opp. Gate No 4, Sachivalaya, Sector 10 A Gandhinagar - 382010, Gujarat, India Website: www.gujaratmetrorail.com
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EOI for Appointment of General Engineering Consultant (GEC) for Gandhinagar-Ahmedabad Metro Rail Project
Contents
Contents ............................................................................................................................... 2 Disclaimer ............................................................................................................................. 2 Glossary................................................................................................................................ 3 1 2 3 4 5 Project Background........................................................................................................ 5 General Conditions ........................................................................................................ 5 Preparation and Submission of EOI document............................................................... 8 Eligibility Criteria .......................................................................................................... 13 Proformas .................................................................................................................... 14
Disclaimer This Expression of Interest (EOI document) for Appointment of General Engineering Consultant (GEC) for Gandhinagar - Ahmedabad Metro Rail Project (the Project) contains brief information about the Project and assessment process for consideration to the next stage of bidding. The purpose of the document is to provide the applicants with information to assist the formulation of their EOI application or response to EOI document (the Application). While all efforts have been made to ensure the accuracy of information contained in this EOI document, this document does not purport to contain all the information required by the applicants. The applicants should conduct their own independent assessment, investigations and analysis and should check the reliability, accuracy and completeness of the information at their end and obtain independent advice from relevant sources as required before submission of their EOI application. Metro Link Express for Gandhinagar and Ahmedabad Company Limited (MEGA or the Company) or any of its employees or advisors shall incur no liability under any law, statute, rules or regulations as to the accuracy or completeness of the EOI document. MEGA reserves the right to change any or all conditions/ information set in this EOI document by way of revision, deletion, updation or annulment through issuance of appropriate addendum as MEGA may deem fit without assigning any reason thereof. MEGA reserves the right to accept or reject any or all applications without giving any reasons thereof. MEGA will not entertain or be liable for any claim for costs and expenses in relation to the preparation of the EOI applications to be submitted in terms of this document.
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Glossary
Applicant: Any company or Consortium, submitting expression of interest for the General Engineering Consultancy Contract with an intent to execute the Contract. The term Applicant also includes every member/entity forming the Consortium Metro Link Express for Gandhinagar Ahmedabad (MEGA) Company. Ltd. An un-incorporated group of companies/ entities with a legal agreement to jointly and severally perform the contract. Contract for design/ design review, system integration, assistance for procurement, construction management, interface management including assistance in testing and commissioning of the Gandhinagar - Ahmedabad Metro Rail System consisting of all civil engineering structures, tracks, signalling, telecommunications, electric traction, rolling stock, air conditioning & ventilation, automatic fare collection system, platform screen doors, maintenance depots and workshops, stations, operation control centre, offices, residential buildings, station integration areas, bridges, flyovers, elevated, surface and underground sections over the project routes, etc. and project management services. Metro Link Express for Gandhinagar Ahmedabad (MEGA) Company. Ltd. Request from Applicants, as detailed in this document, to indicate their interest in tendering for the General Engineering Consultancy Services. Consultant for design/ design review, system integration, assistance for procurement, construction management, interface management including assistance in testing and commissioning of the Gandhinagar - Ahmedabad Metro Rail System consisting of all civil engineering structures, tracks, signalling, telecommunications, electric traction, rolling stock, air conditioning & ventilation, automatic fare collection system, platform screen doors, maintenance depots and workshops, stations, operation control centre, offices, residential buildings, station integration areas, bridges, flyovers, elevated, surface and underground sections over the project routes, etc. and project management services. A company duly registered under Companies Act 1956 Metro Link Express for Gandhinagar and Ahmedabad Company responsible for development of the MEGA project, ultimate client and employer.
Company:
Consortium:
Contract
Employer:
Expression of Interest (EOI):
General Engineering Consultant
Indian Company MEGA Metro-Link Express Gandhinagar - Ahmedabad (MEGA) Company Ltd: Member/s: Project:
A company, which is part of the Applicant. Gandhinagar - Ahmedabad metro rail project.
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Notice for Solicitation of Expression of Interest (EoI)

Expression of Interest (EoI) for Appointment of General Engineering Consultant for Gandhinagar - Ahmedabad Metro Rail Project Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Company Limited is a Special Purpose Vehicle (SPV) formed for planning and execution of a mass rapid transit system in Ahmedabad, connecting to Gandhinagar, Gujarat. MEGA is undertaking execution of Metro Rail project on approximately 44 kms on elevated routes with multiple stations along the routes, covering the major traffic corridors in Ahmedabad and connecting to Gandhinagar. The project could be extended to cover other stretches, including underground corridors, in Ahmedabad as well as Gandhinagar at any point of time during the execution phase. For execution of the metro rail project, MEGA intends to appoint a General Engineering Consultant and, hereby invites Expression of Interest from reputed parties. The detailed terms and conditions have been provided in the EOI document, which can be downloaded from the official website of MEGA http://www.gujaratmetrorail.com. The timelines for EOI process is as under: Event Notification for Invitation of EOI Date Last date of submission of queries Last date of submission of completed EOI Application Date April 17, 2012 May 7, 2012 June 1, 2012
MEGA reserves the right to accept or reject any or all applications without giving any reasons thereof. The EOI Application should be submitted in hard copies along with electronic copy on CD on or before 1500 hrs on June 1, 2012 at the following address: The Executive Chairman METRO LINK EXPRESS FOR GANDHINAGAR AND AHMEDABAD (MEGA) CO. LTD. 5th Floor, Nirman Bhavan, Opp. Gate No. 4, Sachivalaya Sector 10A, Gandhinagar, Gujarat 382010 Email: corpadvise@gujaratmetrorail.com; website: www.gujaratmetrorail.com
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Project Background
Metro Link Express for Gandhinagar and Ahmedabad Company Limited (hereinafter referred to as MEGA) is a Special Purpose Vehicle (SPV) formed for planning and execution of a sustainable mass rapid transit system in Ahmedabad and surrounding areas connecting to Gandhinagar, Gujarat. MEGA will undertake execution of a metro rail project of approximately 44 Kms on elevated route (viaducts) with multiple stations covering the major traffic corridor in Ahmedabad and connecting to Gandhinagar.
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2.1
General Conditions
EoI Notice
This EOI document is being issued by MEGA and seeks expression of interest from respondents (Applicant) meeting laid down eligibility criteria for General Engineering Consultancy services for implementation of Gandhinagar - Ahmedabad Metro Rail Project hereinafter referred to as Project). The purpose of this EOI document is to:
advise the prospective applicants on the Project, its components and project structure through presentation or written information memorandum invite responses from consultancy firms so that MEGA can short list/ consider applicants for next stage of the engagement process for award of contract advise the applicants on assessment criteria for selecting short listed parties/ assessment of the parties The applicant may be a sole Bidder (Single Entity) or a group of entities (hereinafter referred to as Consortium) coming together for the purpose of this EOI. In case of a Consortium, the number of Consortium partners shall be limited to 5 (five). In the case of Applicant being a Consortium, the Consortium members shall also identify the Lead Member fulfilling the eligibility criteria as per Clause 4.1.2.
2.2
Brief Scope of Work

The tentative scope of the work shall be as mentioned herein below: General Engineering Consultancy Services for design, design review, system integration, assistance in procurement, construction management, interface management including assistance in testing and commissioning of the Gandhinagar - Ahmedabad Metro Project/ System and project management services including and in relation to: all civil engineering structures, tracks, signals, telecom facilities, traction arrangements, air conditioning & ventilation, rolling stock, platform screen doors, maintenance depots, stations, operation control centre, operation planning including degraded modes of operation, offices, residential buildings, station integration areas,
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bridges, flyovers, elevated, surface and underground sections over the project routes
MEGA may undertake designs of some of the components of the project, sufficient details of which shall be described in detailed Terms of Reference (TOR) at the time of Request for Proposal. Such works may be excluded from the TOR of the General Engineering Consultants. 2.3
Issue of EOI document

EOI document can be downloaded from the MEGAs website www.gujaratmetrorail.com.
2.4 2.4.1
Pre-requisites for the applicants

Public limited company, private limited company or Consortium of any of these types of entities can submit the EOI application. The term Applicant used hereinafter would therefore apply to both a single applicant and/ or the Consortium. The Applicant should also submit a power of attorney as per the format enclosed at Form 4, authorizing the signatory of the EOI application. The application submitted by a Consortium should comply with the following additional requirements (failing which shall result into disqualification of the applicant):
2.4.2 2.4.3
The EOI application should contain the information required for each member of the Consortium.
The EOI application should include a broad description of the roles and responsibilities of each of the members of the Consortium.
An individual applicant cannot at the same time be a member of a Consortium applying for this Project. Further, a member of a particular Consortium cannot be member of any other Consortium applying for this Project
The Consortium shall submit a Memorandum of Understanding (MoU) which shall clearly state who is the lead member. Members of the Consortium shall enter into a memorandum of understanding (MoU) specific to this Project which shall be submitted with the EOI application. The MoU shall, inter alia:
Clearly outline the proposed roles and responsibilities of each member at each stage.
The members of the Consortium shall be jointly and severally liable for the execution of the Contract in accordance with the terms of the consultancy agreement.
The Lead member in the Consortium alone or in collaboration with the Consortium members must meet the terms and conditions for eligibility criteria. The Consortium as a whole must be a sound entity both technically and financially. If the successful applicant is a Consortium, the Contract shall be signed with the entire Consortium i.e. all the Consortium members shall be a party to the Contract.
2.4.4
The intending Applicants should submit an undertaking that applicant (or any member of the Consortium) is as a company/ Consortium are not currently Black Listed by any Govt.
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dept./ PSU/ Semi Govt. agency. The Applicant should submit self certification to this effect. Any applicant (or member of the Consortium) found black listed by any Govt. dept./ PSU/ Semi Govt. agencies , shall be subject to disqualification for this EOI process.
2.4.5
Subcontracting
No subcontracting/ sub consultancy will be permitted for execution of the Contract.
2.5
Change in the Consortium Composition

The composition of the Consortium shall remain same, as submitted at EOI stage. Any change to above or addition/ exclusion of member shall be only with the prior approval of MEGA and subject to the fulfilment of eligibility criteria of revised Consortium.
2.6
Number of EOI submission

Each applicant, individually or in a Consortium, should submit only one (1) EOI document for the Project. Any applicant or member of a Consortium, which submits or participates in more than one EOI application for the Project would be disqualified and would also cause the disqualification of the Consortium in which it is a member.
2.7
EOI application preparation cost

The applicant shall bear all costs associated with the preparation and submission of the expression of interest and neither MEGA nor its advisors will in any case be responsible and liable for sub-costs, regardless of the conduct or outcome of the EOI process. All papers submitted with the EOI application are neither returnable nor claimable.
2.8 2.8.1
Right to accept and reject any or all the EOI Application

Notwithstanding anything contained in this EOI document, MEGA reserves the right to accept or reject any EOI application and to annul the assessment process and reject all the EOI application, at any time without any liability or any obligation for such acceptance, rejection or annulment, without assigning any reason. MEGA reserves the right to reject any EOI application if:

2.8.2
At any time it is found that a material misrepresentation is made by the applicant, or The applicant does not respond promptly and satisfactorily to the requests for supplementary information required for the assessment of the EOI application.
2.8.3
MEGA reserves the right to cross check and confirm the information/ details furnished by the applicants in the document.
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3.1
Preparation and Submission of EOI document

Language
All information in the EOI application must be in English. Information in any other language, if not accompanied by an authenticated translation in English, shall not be considered. In the event of any discrepancy between the offer in a language other than English and its English translation, the English translation shall prevail.
3.2
Clarifications on EOI documents

Any queries or request for clarification concerning this EOI document shall be submitted in writing or by fax and email followed by a written letter duly signed by the authorized signatory at the address given below so as to reach MEGA on or before May 07, 2012. Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Company Limited 5th Floor, Nirman Bhavan, Opp. Gate No. 4 Sachivalaya Sector 10A, Gandhi Nagar 382010 Gujarat, INDIA Phone 079-26931806 Fax: 079-26930789 Email: corpadvise@gujaratmetrorail.com The envelopes/ communication shall clearly bear the following identification / title: Request for Clarification: EOI for General Engineering Consultant for Gandhinagar - Ahmedabad Metro Rail Project The company shall endeavour to respond to the questions raised or clarifications sought by the applicants. However, the Company reserves the right not to respond to any question or provide any clarification, in its sole discretion, and nothing in this Clause shall be taken or read as compelling or requiring the Company to respond to any question or to provide any clarification. The company may also on its own discretion, if deemed necessary, issue interpretations and clarifications to all applicants. All clarifications and interpretations issued by the Company shall be deemed to be part of the EOI document. Verbal clarifications and information given by MEGA or its employees or representatives or consultants shall not in any way or manner be binding on the Company. MEGA will provide adequate information/ support to the assist Applicants in the formulation of their EOI application or response to EOI document.
3.3 3.3.1 3.3.2
Amendment of EOI document

Before the deadline for submission of EOI application, the EOI document may be modified by the Company by issue of Addendum/ Corrigendum. Any Addendum/ Corrigendum issued shall be part of the EOI document and it will be publicized through newspapers/ official website. It would be the responsibility of the applicants to regularly check MEGAs website www.gujaratmetrorail.com for any updates. To give prospective applicants reasonable time in which to take the Addendum/ Corrigendum into account in preparing their EOI application, extension of the deadline for submission of EOI application may be given as considered necessary by the Company.
3.3.3
3.4
Alternative EOIs by the applicants

The applicants shall submit offers which comply strictly with the requirements of the EOI document. Alternatives or any modifications shall render the EOI application invalid.
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3.5
Submission of EOI Application

The applicant shall prepare 1 (one) original set of the Application (together with originals/ copies of documents required to be submitted along therewith pursuant to this EOI document) and clearly marked ORIGINAL. In addition, the applicant shall submit 1 (one) copy of the Application, along-with documents required to be submitted along therewith pursuant to this EOI document, marked COPY. The applicant shall also provide a soft copy on a Compact Disc (CD). In the event of any discrepancy between the original and the copy, the original shall prevail. Each page of the above documents including drawings if any should bear the dated initials of the Applicant along with the seal of the Applicant in token of confirmation of having understood the contents. All set of application will have to be submitted only in hard bound forms so as to ensure that it will not be possible to replace any page without disturbing the documents. All pages should be sequentially numbered. Each document should have an index to indicate the details of contents and their page numbers. Each page (including Annexures) should be initialed at the bottom by the authorized signatory.
3.6
Last date of submission

The EOI Application should be submitted latest by 1500 hours on June 1, 2012 to the below mentioned address: The Executive Chairman, Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Co. Ltd, 5th Floor, Nirman Bhavan, Opp Gate No 4 Sachivalaya, Sector 10A Gandhinagar - 382010 Gujarat, India Email: corpadvise@gujaratmetrorail.com Each correction, cutting, addition and overwriting should be initialed by the applicant. Please refer to Clause 3.8 and 3.9 for submission.
3.7
Items to be kept in mind while furnishing details

While filling in the Information, following should be kept in mind: There shall be no additions or alterations except those to comply with the instructions issued by the Company or as necessary to correct errors, if any, made by the applicants. Conditional offer/ EOI application will be rejected. Financial data should be given in Indian Rupees only. In case the financial data is in any other currency, the same should be converted in Indian rupees and certified by the auditor(s) of the firm(s). In case the Applicant intends to give additional information for which specified space in the given format is not sufficient, it can be furnished in enclosed sheets.
3.8
Sealing and Marking of EOI Applications

The Applicant shall seal the original and the copy of the Application, together with their respective enclosures, in separate envelopes duly marking the envelopes as ORIGINAL and COPY. The envelopes shall then be sealed in an outer envelope which shall also be marked EOI for Appointment of General Engineering Consultant (GEC) for Gandhinagar - Ahmedabad Metro Rail Project. If the envelopes are not sealed and marked as instructed above, the Company assumes no responsibility for the misplacement or premature opening of the contents of the application and consequent losses, if any, suffered by the Applicant.
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All documents issued and information given to the applicant shall be listed as confidential.
3.9 3.9.1 3.9.2
EOI Application due date

EOI application must be submitted by the applicant at the time and date as mentioned in Clause 3.6 of this document. The Company may extend the deadline for submission of EOI application by issuing an amendment in writing in accordance with Clause 3.3 in which case all rights and obligations of the Company and the applicant previously subject to the original deadline will be subject to new deadline.
3.10
Late/ Delayed EOI Application

Any EOI application received after the specified date and time of receipt shall not be considered.
3.11
Modification/ Substitution/ Withdrawal of EOI Application

The applicant will not be allowed to modify, substitute or withdraw its EOI application after expiry of the deadline for receipt of the EOI application.
3.12
Confidentiality
Information relating to the examination, clarification, assessment and recommendation for the short-listed applicants shall not be disclosed to any person who is not officially concerned with the process.
3.13
Disqualification
3.13.1 The applicants and their respective officers, employees, agents and advisers shall observe the highest standards of ethics. Notwithstanding anything to the contrary contained herein, the MEGA may reject a bid without being liable in any manner whatsoever to the applicant, if it determines that the applicant has directly or indirectly or through an agent, engaged in corrupt practices, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the EOI process. For the purposes of this Clause 3.13.1, the following terms shall have the meaning herein under respectively assigned to them: a) corrupt practice means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the bidding process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the MEGA who is or has been associated in any manner, directly or indirectly, with the bidding process at any time prior to the expiry of one year from the date such official resigns or retires or otherwise ceases to be in the service of the MEGA, shall be deemed to constitute influencing the actions of a person connected with the bidding process); (ii) engaging in any manner whatsoever, whether during the bidding process or thereafter, any person in respect of any matter relating to the Project, who at any time has been or is a legal, financial or technical advisor of the MEGA in relation to any matter concerning the Project; b) fraudulent practice means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the bidding process; c) coercive practice means impairing or harming, or threatening to impair or harm, directly or indirectly, any person or property to influence any persons acts or omissions in the bidding process; d) undesirable practice means (i) establishing contact with any person connected with or employed or engaged by the MEGA with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the bidding process; or (ii) having a conflict of interest; and e) restrictive practice means forming a cartel or arriving at any understanding or arrangement among applicants with the objective of restricting or manipulating a full and fair completion in the bidding process.
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3.13.2 In addition the following will be additional grounds for disqualification: Submitted an EOI application after the response deadline Submitted an EOI application which is not accompanied by required documentation Failed to provide clarifications related thereto, when sought Submitted more than one EOI application. This will cause disqualification of all the EOI applications submitted by such applicant. e) A Consortium member who is found to participate as a member of more than one Consortium will be disqualified to participate in the Project. If any information which would have entitled MEGA to reject or disqualify the applicant or Consortium member becomes known after the applicant has been assessed, it reserves the right to reject the applicant at that time or at any time after such information becomes known. 3.14 a) b) c) d)
Governing law
The governing laws for the purpose of the bidding process are the laws of India and courts of Ahmedabad shall have full jurisdiction considering any matter arising out of this EOI document and the bidding process.
3.15
Assessment
The assessment of the application shall be done to establish the capability of the applicant as brought out in Clause 4. For short listing process, MEGA will determine whether each EOI application is responsive to the requirements of the EOI document. The EOI application shall be considered responsive if: It contains all the information and documents as requested in the EOI document. It contains information in formats specified in this EOI document as per appended proformas/forms. The MEGA may not evaluate the applications received with the information in different format. In case the desired information is not submitted in the prescribed format and instead the companies profiles, reports etc. are only annexed with the application, MEGA may not extract the information from these documents in order to evaluate the application. It is, therefore, advised that all the relevant information should be furnished in the prescribed format only. In case of the Consortium to this Contract, meeting all requirements as stipulated in Clause 2.4.3 There are no inconsistencies between the EOI application and the supporting documents. MEGA reserves the right to reject any EOI application which is non-responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by MEGA in respect of such EOI Applications. Meeting all the eligibility criteria as stipulated in Clause 4 of this EOI document. It is intended to make the assessment of responsive EOI Applications. Applicant has to fulfill all the eligibility criteria as establish above and also should not invite disqualifications as provided in Clause 3.13. On assessment of EOI applications as above, MEGA shall prepare the list of responsive bidders for consideration to the next stage of assessment process finally leading to issuance of Request for Proposal document. The composition of Consortium shall remain same as at EOI stage. Any change to above or addition / exclusion of member shall be only with the prior approval of MEGA and subject to the fulfillment of eligibility criteria of revised Consortium. MEGA reserves the right to recheck eligibility status again prior to issue of the Request for Proposal document.
3.16
Clarifications sought by the Company

To assist in the process of assessment of EOI Application, the Company may, at its sole discretion, ask any applicant for clarification on its EOI Application. The request for
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clarification and the response shall be in writing or by facsimile. No change in the substance of the EOI Application would be permitted by way of such clarifications. 3.17
Notifications
MEGA may notify the responsive applicants for making presentation to the Company as a part of assessment process. The date of presentation will be communicated in the letter to the shortlisted applicants.
3.18
Applicants responsibility
3.18.1 It is expressly clarified that before submitting the EOI Application, the Applicant must have examined carefully the contents of all the documents and any failure to comply with any of the requirement of the EOI document will be at Applicants risk. 3.18.2 Submission of the proposal by the Applicant would mean that they have: (a) made a complete and careful examination of requirements and other information set forth in this EOI document (b) made a complete and careful examination of the various aspects of the Project including but not limited to: The project site All matters that might affect the Applicants performance during the Construction of the Project, if awarded 3.18.3 MEGA shall not be liable for any mistake or error or neglect by the Applicant in respect of the above. 3.18.4 Each Applicant shall submit only one Proposal in response to this EOI document. Submission of more than one Proposal by any Applicant shall be sufficient grounds for disqualification of the Applicant.
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4
4.1.1
Eligibility Criteria
The Applicant (single entity or Consortium) must have experience in similar consultancy such as general engineering/ project consultancy works which, inter alia include activities involving the work of preliminary or detailed designs, proof checking of designs, system integration, procurement assistance, construction management, project management and supervision including inspection, safety and quality, assistance in testing and commissioning of Metro/ MRTS/ railway projects.
These above mentioned activities may include in areas like civil structures (elevated
and at grade structure and stations), signaling, telecommunications, electric traction (third rail if done), rolling stock, air conditioning, automatic fare collection system, platform screen doors, depot, workshops, operation control centre, offices, residential buildings, station integration areas, bridges, flyovers, elevated, surface and underground sections over the project routes, and other such related facilities for Metro/ MRTS/ Railway projects. 4.1.2 The Applicant (as a single entity or as a Consortium) shall have an average annual turnover from similar consultancy (as mentioned in Clause 4.1.1) of minimum INR 1200 million during the past five (5) financial years. (Financial Year shall mean year starting 1st April to 31st March. In case applicants financial/ accounting years are different from the above, the immediate past financial/ accounting years of the applicant as per their annual reports shall be applicable for assessment). In case of Consortium, the Lead member should meet 50% of average annual turnover criterion from similar consultancy as mentioned in Clause 4.1.1. Each of the other Members in the Consortium must meet a minimum 5% of the average annual turnover criterion General conditions for Applicants: Applicant needs to provide details of all similar consultancy works as mentioned in Clause 4.1.1 for further assessment as per Annexure 2. Necessary documentary evidence comprising of Client reference and certificate must also be enclosed in support of the claim failing which the claim of the applicant will not be considered. In case the Applicant is Consortium, at least one of the members should be an Indian company incorporated under Companies Act 1956. In case any member is incorporated outside India, it should legally be competent to carry out relevant business in India. Atleast one constituent of Applicant should have ISO 9000 or any other equivalent recognized certifications Applicant (including each member of Consortium) has to submit financial data as per Form 10 along with necessary supporting. The Net Worth of the Applicant should be positive on the close of last financial year.
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Proformas
The submissions in Expression of Interest shall include all of the followings:
SECTION 1
FORM OF SUBMISSIONS
Form-1
Format for covering letter for EOI submission
Form-2
Declaration by the Applicant
Form-3
Draft Memorandum of Understanding (MOU) executed by members of the Consortium
Form-4
Format for Power of Attorney to authorize signatory
SECTION 2
ASSESSMENT QUESTIONNAIRE
Form-5
General details of Applicants Annexure 1: Pending litigation
Form-6 Form-7
Checklist for application Performance details of Applicants Annexure 2: Relevant projects details Annexure 2A: Summary of Projects of Annexure 2 Annexure 3: Projects in hand Annexure 3A: Summary information for works in hand
Form-8 Form-9 Form-10
Staff (experts, support staff, engineers etc.) details Financial information Financial data
SECTION 3
INFORMATION AND DOCUMENTARY EVIDENCE
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SECTION 1 5.1 Form - 1
FORMAT FOR COVERING LETTER FOR EOI SUBMISSION [On the Letterhead of the Applicant or Lead member in case of a Consortium]
[Date] The Executive Chairman, Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Company Limited 5th Floor, Nirman Bhavan Opposite Sachivalaya, Gate No. 4 Sector 10A, Gandhinagar - 382010 Gujarat, India Dear Sir, Ref: EOI for Appointment of General Engineering Consultant (GEC) for Gandhinagar Ahmedabad Metro Rail project
We, the undersigned, apply to be prequalified for the referenced Project and declare the following: (a) We are duly authorized to represent and act on behalf of ________________ (hereinafter the Applicant) (b) We have examined and have no reservations to the EOI Document including Addenda No(s) ______________________. (c) We are attaching with this letter, the copies of original documents defining: i. the Applicants legal status; ii. its principal place of business; and iii. its place of incorporation (if Applicants are corporations); or its place of registration (if Applicants are partnerships or individually owned firms). For applicants by Consortium, all information requested in the EOI document is to be provided for the Consortium, if it already exists, and for each Consortium member separately. The lead member should be clearly identified. Each member of Consortium shall sign the letter. (d) We further declare that we have not engaged any agent or middleman for this EOI process or any other part of this bidding process arising from it. We have not paid / will not be paying any commissions, gratuities or fees with respect to the prequalification process. (e) MEGA and/or its authorized representatives are hereby authorized to conduct any inquiries or investigations to verify the statements, documents and information submitted in connection with this application, and to seek clarification from our bankers and clients. This Letter of Application will also serve as authorization for any individual or authorized representative of any institution referred to in the supporting information, to provide such information deemed necessary and as requested by MEGA. (f) MEGA and / or its authorized representatives may contact the following nodal persons for further information on any aspects of the Application:
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Contact Persons 1 2 3 4
Address
Telephone
Email
(g) This application is made in the full understanding that: i. EOI process will be subject to verification of all information submitted at the discretion of MEGA. ii. MEGA reserves the right to reject or accept any or all applications, cancel the EOI process without any obligation to inform the applicant about the grounds of same; (h) Appended to this application, we give details of the participation of each party, including respective roles and responsibilities (i) The undersigned declare that the statements made and the information provided in the duly completed application are complete, true, and correct in every detail. We also understand that in the event of any information furnished by us being found later on to be incorrect or any material information having been suppressed, MEGA may delete our name from the list of qualified Applicants: Our Application is valid till (date in figures and words)
NAME In the Capacity of Signed Duly authorized to sign the Application for and on behalf of Date
..
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5.2
Form - 2
DECLARATION BY THE APPLICANT (In case of Consortium to be given separately by each partner)
[Affidavit on Non-Judicial Stamp Paper of INR 10 duly attested by Notary/ Magistrate]
This is to certify that We, M/s. _____________________, in submission of this offer confirm that: We have not made any misleading or false representation in the forms, statements and attachments in proof of the eligibility requirements; We do not have records of poor performance such as abandoning the work, not properly completing the contract, inordinate delays in completion, litigation history or financial failures etc. The undersigned also furnish undertaking that none of the directors / constituent partners of our firm have been declared by any court of law as proclaimed offenders and also that neither our firm nor any of its directors / constituent partners have been convicted under any law for the offences punishable under Indian Penal Code, Negotiable Instruments Act or any Labour/ employee beneficial legislation. The undersigned hereby authorize and request any bank, person, firm or corporation to furnish pertinent information deemed necessary and requested by MEGA to verify this statement or regarding our competence and general reputation Business has never been banned with us by any Central/ State Government Department/ Public Sector Undertaking or Enterprise of Central/ State Government. We have submitted all the supporting documents and furnished the relevant details as per prescribed format. The information and documents submitted with the tender by us are correct and we are fully responsible for the correctness of the information and documents submitted by us. We hereby declare that all the information and statements made in this EOI are true and accept that any misinterpretation contained in it may lead to our disqualification. The undersigned understands and agrees that further qualifying information may be requested, and agrees to furnish any such information at the request of the MEGA.
_____________________________ Signature of the authorized person Name: Designation:
MEGA
Page | 17
5.3
Form - 3
DRAFT MEMORANDUM OF UNDERSTANDING EXECUTED BY MEMBERS OF THE CONSORTIUM [On Non-judicial stamp paper of INR 100 duly attested by notary public]
This Memorandum of Understanding (MOU) entered into this ______ day of _____ 2012 at ____ Among (hereinafter referred as _________) and having office at ____________, India Party of the First Part And (hereinafter referred as _________) and having office at ____________, India Party of the Second Part And (hereinafter referred as _________) and having office at ____________, India Party of the Third Part And (hereinafter referred as _________) and having office at ____________, India Party of the Fourth Part The parties are individually referred to as Party and collectively as Parties. WHEREAS the MEGA has invited applications from interested parties for General Engineering Consultant Services for design/ design review, system integration, assistance for procurement, construction management, interface management including assistance in testing and commissioning of the Gandhinagar - Ahmedabad Metro Rail System consisting of all civil engineering structures, tracks, signalling, telecommunications, electric traction, rolling stock, air conditioning & ventilation, automatic fare collection system, platform screen doors, maintenance depots and workshops, stations, operation control centre, offices, residential buildings, station integration areas, bridges, flyovers, elevated, surface and underground sections over the project routes, etc. and project management services. AND WHEREAS the Parties have had discussions for formation of a Consortium for applying for the said Project and have reached an understanding on the following points with respect to the Parties rights and obligations towards each other and their working relationship. IT IS HEREBY AS MUTUAL UNDERSTANDING OF THE PARTIES AGREED AND DECLARED AS FOLLOWS: 1. That the Parties shall carry out all responsibilities as Consultancy firm in terms of the Consultancy agreement. 2. That the roles and the responsibilities of each Party at the stage of Application shall be as follows: ......................................... 3. That the Parties shall be jointly and severally liable for the execution of the Project in accordance with the terms of the Consultancy agreement.
MEGA
Page | 18
4. That the Parties affirm that they shall render Consultancy services in good faith and shall take all necessary steps to see the Project through expeditiously. 5. That this MOU shall be governed in accordance with the laws of India and courts in Ahmedabad shall have exclusive jurisdiction to adjudicate disputes arising from the terms herein. 6. We, M/s._________ and M/s ________ and M/s_________ hereby designate M/s. ______ being one of the members of the Consortium, as the lead member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortiums EoI application for the Contract, including submission of the EOI application, participating in meetings, responding to queries, submission of information/ documents and generally to represent the Consortium in all its dealings with Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Company Ltd. or any other Government Agency or any person, in connection with the Project until culmination of the process of bidding till the Contract is entered into with MEGA and thereafter till the expiry of the Contract. 7. We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this MoU and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us/ Consortium. In witness whereof the Parties affirm that the information provided is accurate and true and have caused this MOU to be duly executed on the date and year above mentioned.
-----------------------------(Party of the First Party) -----------------------------(Party of the Second Party) -----------------------------(Party of the Third Party) -----------------------------(Party of the Fourth Party)
Witness: 1 2
MEGA
Page | 19
5.4
Form - 4
FORMAT FOR POWER OF ATTORNEY TO AUTHORIZE SIGNATORY POWER OF ATTORNEY [To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant Stamp Act. The stamp paper to be in the name of the company who is issuing the power of attorney.] We, M/s.______ (name of the firm/company with address of the registered office) hereby constitute, appoint and authorise Mr./Ms.______ (Name and residential address) who is presently employed with us and holding the position of ______, as our Attorney to do in our name and our behalf all or any of the acts, deeds or things necessary or incidental to our EOI Application for the consultancy services for Gandhinagar - Ahmedabad Metro Rail Project _____, including signing and submission of the EOI Application, participating in the meetings, responding to queries, submission of information/ documents and generally to represent us in all the dealings with Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Company Ltd or any other Government agency or any person, in connection with the works until culmination of the process of bidding till the Contract is entered into with MEGA and thereafter till the expiry of the Contract. We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this power of attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us. (Add in the case of a Consortium) Our firm is a Member/Lead member of the Consortium of ___________, _________ and ___________. Dated this the _____ day of ______ 2012 (Signature and Name of authorized signatory) ___________
(Signature and Name in block letters of all the remaining partners of the firm signatory for the Company)
Seal of firm Company
Witness 1:
Witness 2:
Notes: To be executed by all the members individually. The Mode of execution of the power of attorney should be in accordance with the procedure, if any laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.
MEGA
Page | 20
SECTION 2: ASSESSMENT QUESTIONNAIRE Notes: (a) This part of the document provides various Forms for providing the information. Applicants must sign each page of this part of the document issued by MEGA and provide all the required information on separate sheets but strictly as per the given Forms. Each information sheet must also be duly signed. (b) Please mark YES or NO whichever is applicable in the document issued by MEGA. (c) The pages of the assessment document submitted shall be numbered sequentially and the page number of each answer should be noted against the respective item below on this original document issued by MEGA. 5.5 1. Form-5 Title: Document for Expression of interest for General Engineering Consultancy Services for design/ design review, system integration, assistance for procurement, construction management, interface management including assistance in testing and commissioning of the Gandhinagar - Ahmedabad Metro Rail System consisting of all civil engineering structures, tracks, signalling, telecommunications, electric traction, rolling stock, air conditioning & ventilation, automatic fare collection system, platform screen doors, maintenance depots and workshops, stations, operation control centre, offices, residential buildings, station integration areas, bridges, flyovers, elevated, surface and underground sections over the project routes, etc. and project management services. . State the structure of the applicants organization (applicants to complete / delete as appropriate) Individual Company Consortium 3. For applicants who are individual companies or firms, state the following: Name of Company of Firm: Legal Status (e.g. incorporated private company, unincorporated business etc.) Registered Address Year of Incorporation Principal place of business: Contact person: Contact persons title Address, telephone, facsimile number and email ID of contact person: ............................................................... ............................................................... ............................................................... ............................................................... ............................................................... ............................................................... ............................................................... ...............................................................
2.
Applicants who are in a group, state the following:

SN Names of members (Lead member first) ............................. ............................. ............................. ............................. Legal Status Registered address and principal place of business .............................. .............................. .............................. .............................. Participation Areas ....................... ....................... ....................... ....................... Country of incorporation or Domicile .......................... .......................... .......................... ..........................
(1) (2) (3) (4)
....................... ....................... ....................... .......................
MEGA
Page | 21
Authorized contact person (from Lead member) ................................................................ Contact persons title .......................................................................................................... Address, telephone, facsimile and email ID of contact person .......................................... 5. Applicants are to present this information in Section 1 on sheets which are to be clearly referenced as being in response to this Question-5. For the Applicant (in case of Consortium, for each member), state the following information in Section 1 Date of incorporation of organization Names and titles of Directors or partners In case of non-Indian company, does the company or firm have an office or branch office in India? If so, provide address(es) Please provide details of pending litigation cases in Annexure-1. Applicants found to be habitual of repeated litigation are liable to be disqualified. Has the company or firm or any partner of the group ever failed to complete any work awarded or has been levied liquidated damage for delay in completion of work? If yes, give explanation (use separate sheets as required) Has the firm or company or any member of the Consortium been blacklisted by any Government Department / PSU in last five (5) years and such black listing continues to subsist. ............................................................... ............................................................... ...............................................................
...............................................................
...............................................................
...............................................................
MEGA
Page | 22
Annexure 1: Pending Litigation (Each Applicant or member of Consortium must fill in this form) Applicants legal name ....................................... Date ................................................................... Members legal name ........................................ Pending litigations in terms of arbitration, litigation etc. indicated below: Year Assignment Value of Assignment Value of pending claim Identification and matter in INR in dispute Contract Name: Name of Employer: Address of Employer: Matter in Dispute: Contract Name: Name of Employer: Address of Employer: Matter in Dispute: Contract Name: Name of Employer: Address of Employer: Matter in Dispute: Note: Exchange rate as buying rate of RBI as on 31st March 2012 shall be taken for calculating equivalent INR of any foreign currency
MEGA
Page | 23
5.6 1.
Form-6 Name of Consortium Members 1. .................... 2. .................... 3. .................... Have you enclosed the following? If so, indicate page numbers. Letter of application duly signed by authorized representative of every member of Consortium as per prescribed format AOA (Articles of Association) of each member Power of signatory Attorney for authorized Yes / No Page No. .......
Yes / No
Page No. .......
Yes / No
Page No. .......
Undertaking for Joint responsibility signed
and
Several
Yes / No
Page No. .......
MOU/ or Consortium agreement Functional division of work between the members of the Consortium Details of previous collaborations, if any, between members
Yes / No Yes / No
Page No. ....... Page No. .......
Yes / No
Page No. .......
2.
In case of international applicants, is an Indian partner(s) experienced in the appropriate discipline a member of the Consortium? If yes, provide list of disciplines and work contribution If yes, mention the discipline contribution to the whole work and ..................................................
..................................................
3.
In case of applications from Consortium, does Section 2 contain details of: Proposed participation by each member for the proposed work? Areas of specialization / responsibility of each member of the Consortium? Extent of participation (including deployment of major plant items and key Personnel) by each member? ..................................................
..................................................
..................................................
If the answer to any question is NO, please give reasons
MEGA
Page | 24
5.7 1.
Form-7 State the number of years the applicant (or each member of Consortium) has been undertaking work similar in scope and nature to the works: SN Name No. of Years (1) ............................................................... ................................................... (2) ............................................................... ................................................... (3) ............................................................... ................................................... Performance Record Applicants should carefully scrutinize the eligibility criteria as elaborated Clause 4 in this EOI document and compile a detailed list indicating their previous experience of Consultancy to a similar nature of work as per Clause 4 Information and documentary evidence associated with the performance and relevant experience of the applicant or each constituent member shall be clearly referenced and enclosed. The applicant will give the above details in descending order of financial year for each member of the Consortium. Use Annexure 2 and 2A of the document for the purpose of providing the information of performance record. (Use a separate sheet for each assignment and include in the Questionnaire)
2.
3.
Work in Hand Applicants or each member of Consortium should indicate details for each contract / commitment which is anticipated to be in hand as on the 31.03.2012 and the expected year wise value of completion of the balance works in the next three (3) years on the Proforma/ form given in Annexure 3 and a summary in Annexure 3A of the document.
MEGA
Page | 25
Annexure 2 Applicants Name:........................
Project Title: Scope: (Give salient features of the work) Client: Client representative:
Location: Address:
Tel.:
Give the details of length of metro specifying the underground and elevated lengths separately
Was an Indian Government Standard form of contract used? Was an International Standard form of contract used? Was the work carried out as a member of the group? If a group, indicate percentage participation and areas of participation Date work commenced Date work was completed Was the date of completion given in the original contract extended? If yes, provide details Were any penalty imposed for delay? If yes, provide details Were any penalties imposed for reasons other than delay? (like poor quality) If yes, provide details Was arbitration commenced? During execution After completion of work During O&M
Yes / No
Yes / No
Yes / No
Yes / No
Yes / No
Yes / No
Yes / No
Did the applicant go in for litigation? If yes, provide details Contract value (in INR adjusted to 31.03.2012 prices, assuming 5% inflation for INR every year and 2.0% for foreign currency portion every year) Details of works undertaken
Yes / No
MEGA
Page | 26
Were Quality Assurance obligations required in the contract? If yes, whether they were fulfilled? If not, why? Has the applicant (or any member of a group) who executed the Consultancy work been blacklisted by a client? If yes, why? Project Description (Clearly indicate the part of the work assigned to the applicant(s))
Yes / No
Yes / No
Note: Client issued documents (contract, certificate of completion/ partial completion, LOA, etc.) must be attached for verification of furnished information. Exchange rate as buying rate of RBI as on 31 March 2012 shall be taken for calculating equivalent INR of any foreign currency
st
MEGA
Page | 27
Annexure 2A: Summary of Information provided in Annexure 2 Applicants legal name Consortium members legal name Name of applicant (each member in case of Consortium) Total number of works as per Clause 4 of this EOI document Nos. of contracts delayed i.e. completed beyond the original date of completion Total value of all works completed in the last 10 years (cost as on 31.03.2012)
MEGA
Page | 28
Annexure 3: Projects in Hand
Applicants legal name Consortium members legal name

Name and brief particulars of Consultancy contract (clearly indicate the part of the work assigned to the applicant(s)) Contract Value in INR or in any other Currency* (Give only the value of work assigned to the applicant(s)
Name of client with telephone number and fax number
Value of balance work yet to be done in Rupee equivalent as on 31.03.12*
Original Completion Date
Estimated Completion Date
Delay, if any, with reason
Value of work to be done in 2012-13 (as on 31.03.12)
*In INR adjusted to 31.03.2012 prices, assuming 5% inflation for INR every year and 2.0% for foreign currency portion every year
MEGA
Page | 29
EOI for Appointment of General Engineering Consultant (GEC) for Gandhinagar-Ahmedabad Metro Rail Project Annexure 3A: *Summary Information for Works in Hand
Applicants legal name Consortium members legal name Name of the applicant (constituent member in case of group) Nos. of contracts in which date of completion given in the original has already passed **Total value of balance works yet to be done in INR equivalent as on 31.03.2012 2012-13 2013-14 2014-15
Total number of works in hand
This information should be for all the Consultancy works in progress including those listed in Annexure 3. *Applicant (each member of the Consortium) should provide information on their current commitments or 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 a completion certificate is yet to be issued. **This figure should also include the year-wise break-up of part value of works to be executed in the three years period (2012-2015) even if completion of such works spills over beyond this period
MEGA
Page | 30
EOI for Appointment of General Engineering Consultants (GEC) for Gandhinagar - Ahmedabad Metro Rail Project
5.8
Form-8
1.
Staff: Applicants (and each member of consortium) should indicate the number of staff employed (total and at specified offices) by each applicant or each member of the consortium. Specify number of each members managerial, technical and supervisory staff at each location. This information should be only in respect of regular employees who are for more than six month with the applicant and are specifically relevant. Name of Applicant (Each member of the group) Location Managerial (1) 1. ........................... 2. ........................... 3. ........................... 4. ........................... Total
Technical & Engineers (2)
Supervisory (Other than 1 and 2) (3)
MEGA
Page | 31
5.9 1.
Form-9 Include in Section 2 details of ownership and control of applicant or if a Consortium, of each constituent member. Have you in Section 2 enclosed documents, including Banking Reference, to demonstrate that you have access to, or have available, liquid assets, lines of credit and other financial means sufficient to meet the required cash flow, after meeting your commitments for other contracts and other liabilities. Financial information to be provided as per requirement in Form 10
2.
MEGA
Page | 32
5.10 Form-10 Financial Data (Each applicant or members of Consortium must fill this form) SN 1 2 3 4 5 6 7 8 9 10 11 Particular Total Assets Current Assets Total Liabilities Current Liabilities Profits before Taxes Profits after Taxes Net Worth (=1 3) Working Capital (=2 4) Annual Turnover Average Annual Cash Accrual Average Annual turnover from similar consultancy as prescribed in Clause 4 of the EOI document Financial Data for latest last 5 years (in INR or other currency) Year Year Year Year Year
Notes 1. Attached copies of the audited balance sheets, including all related notes, income statements for the last five years, as indicated above, complying with the following conditions. a. All such documents reflect the financial data of the applicant or member to a Consortium b. Financial statements must be audited by a certified accountant c. Financial statements must be complete, including all notes to the financial statements.
d. Financial statements must correspond to accounting periods already completed and audited (no statements for partial periods will be accepted). e. Annexure 4 to be certified by qualified Chartered Accountant. 2. Financial data of each year submitted in foreign currency shall be converted to Equivalent INR at the buying rate of RBI prevailing on 31st March of the respective year or the date of closing of financial year.
MEGA
Page | 33

EOI MEGA - Appointment of General Engineering Consultant (GEC)

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EOI MEGA - Appointment of General Engineering Consultant (GEC)

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Expression of Interest

Expression of Interest (EOI):

General Engineering Consultant

Notice for Solicitation of Expression of Interest (EoI)

Brief Scope of Work

Issue of EOI document

Pre-requisites for the applicants

Change in the Consortium Composition

Number of EOI submission

EOI application preparation cost

Right to accept and reject any or all the EOI Application

Preparation and Submission of EOI document

Clarifications on EOI documents

3.3 3.3.1 3.3.2

Amendment of EOI document

Alternative EOIs by the applicants

Submission of EOI Application

Last date of submission

Items to be kept in mind while furnishing details

Sealing and Marking of EOI Applications

3.9 3.9.1 3.9.2

EOI Application due date

Late/ Delayed EOI Application

Modification/ Substitution/ Withdrawal of EOI Application

Clarifications sought by the Company

Format for covering letter for EOI submission

Declaration by the Applicant

Draft Memorandum of Understanding (MOU) executed by members of the Consortium

Format for Power of Attorney to authorize signatory

General details of Applicants Annexure 1: Pending litigation

Form-8 Form-9 Form-10

INFORMATION AND DOCUMENTARY EVIDENCE

SECTION 1 5.1 Form - 1

[Affidavit on Non-Judicial Stamp Paper of INR 10 duly attested by Notary/ Magistrate]

_____________________________ Signature of the authorized person Name: Designation:

Seal of firm Company

Applicants who are in a group, state the following:

(1) (2) (3) (4)

....................... ....................... ....................... .......................

Page No. .......

Page No. .......

Undertaking for Joint responsibility signed

Page No. .......

Page No. ....... Page No. .......

Page No. .......

If the answer to any question is NO, please give reasons

Annexure 2 Applicants Name:........................

Annexure 3: Projects in Hand

Applicants legal name Consortium members legal name

Name of client with telephone number and fax number

Value of balance work yet to be done in Rupee equivalent as on 31.03.12*

Original Completion Date

Estimated Completion Date

Delay, if any, with reason

Value of work to be done in 2012-13 (as on 31.03.12)

Value of work to be done in 2013-14 (as on 31.03.12)

Value of work to be done in 2014-15 (as on 31.03.12)

Total number of works in hand

Technical & Engineers (2)

Supervisory (Other than 1 and 2) (3)

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