s/n query dmrc remarks - delhi metro · s/n query dmrc remarks 1. appendix 29 point no 13.la (pg89...

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S/N Query DMRC Remarks

1. Appendix 29 point no 13.la (pg89 of tender document) states the length

of the bus shall be <7000mm, where as the tender requires a length to

be between7000-8000mm

Please refer Sl. No. 15 of summary sheet of Addendum No. 3

2. Average daily mileage is given however minimum range of battery is

notspecified.

Contractor has to ensure provision of services as

per tender agreement.

3. Please expand/define opportunity charging clause. Tender conditions are self explanatory

4. Will the power connection provided be under operators name or

DMRC Please refer Sl. No. 21 of summary sheet of

Addendum No. 3 5. Will we required to buy power from DMRC or can we have our own

arrangements

6. The advance payment provided against a 110% BG, we request this

to be amended to 100%BG.

No Change in Tender Conditions

7. In Appendix 29 floor height options are 950/650/400 where in specific

requirement for immediate tender a single option of 400 is provided

please provide an uniform specification.

Please refer Sl. No. 15 of summary sheet of

Addendum No. 3

8. As operators consortium we qualify under the experience requirement

however our OEM has not made 200Evs in the past 5 years, no one

in India has that experience. We request relaxation of this provided

production capability is well demonstrated


Addendum No. 3

9. Is it required for operators to have permits in their name? What

happens if the operator bidding is an aggregator company? Can

DMRC allow an aggregator which has 3-5 years of experience with

over 700buses and fulfilling the net worth criteria?


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S.No Clause ref. Provision DMRC Comments 1 NIT 1.1.3.2

Minimum Eligibility Criteria B. operational Experience Criteria

ii) the following categories of experience would be considered for working out operation experience: - Category-2 Contract Carriage (e.g. Standard Bus /Midi bus / Mini Bus / RTV / Cabs / Taxi / Van / Jeep) operations with requisite valid Permits to operate in India VI) NOTE: The bidder is required to submit the self attested copy of permit:

It is suggested and requested that the requirement of having permits in name of the bidder should be deleted/modifies as it is discouraging to new organizations. Instead, if the bidder can show by valid agreement that the vehicle are hired by its and the operations are managed by the bidder, the same should be counted towards operational experience. For your reference tenders floated by authorities like BEST, ahmedabad janmarg Ltd. Bhubaneshwar puri transport services,etc has accepted the operational experience without requirement of permits being issued in the operator’s name

Please refer Sl. No. 4 of summary sheet of Addendum No 3

2 Form Of tender Appendix -17

Note: - The Bidder should provide details of only those Permits that are issued in its own name or in the name of the subsidiary entity (i.e. the Bidder should hold at least 51% of the common equity of subsidiary Company as on 31-March-2018).


3 Form of Tender Appendix -17A

Bidders are expected to provide information in respect of each vehicle in this section. Information provided in this section is intended to serve as a backup for information provided in accordance with Appendix-17. Along with this Bidder needs to furnish copy of each permit.


4 NIT 1.1.3.2 Minimum Eligibility Criteria

FINANCIAL STANDING: Bidders will be qualified only if they have minimum financial capabilities as below:- I)T2 (Profitability) Profit before Tax should be positive in at least 1 (one)

Since the banking reference is already sought for with clear terms that the bank will be in a position to lend


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years, out of the last three audited financial years. In Case of JV- The profitability of only lead member shall be evaluated

for this work to the bidder/ member of the joint venture/consortium. Amount of INR 36.12 crores, there is no requirement of having profitability. This requirement is detrimental to new organization participating who are done doing extremely well and have the required operational experience but are yet to start making profit.

5 iv)T4- Annual Turnover: The average annual turnover of the Bidder during last (audited financial years should be ≥ Rs. 47.09 crore. The average annual turnover of JV will be based on percentage participation of each member.

The requirement of annual turnover is very high which would eliminate the small/new entities. thus, the team average should be replaced with cumulative.


6 Notes: - Financial data for last three audited financial years has to be uploaded by the Bidder in Appendix-18 of Form of Tender 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 of the last financial year is not made available by the bidder, he has to submit an affidavit [as per format provided in Appendix-18Ato Form of Tender (FOT)]certifying that ‘the Balance Sheet has

This requirement is again detrimental to new organizations who have 3-4 years of operational experience and may not have the latest financial years balance sheet audited yet. The unaudited balance sheet should also be

Please refer Appendix-18A of FOT regarding undertaking for unaudited balance Sheets. Unaudited balance sheets shall not be considered for evaluation.

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actually not been audited so far’. In such a case the financial data of previous ‘2’ Audited Financial Years will be taken into consideration for evaluation. If Audited Balance Sheet of any other year than the last year is not uploaded, the tender may be considered as non-responsive.

considered if given with an undertaking that the audited balance sheet would be provided within a pre-decided time frame.

7 ITT C. Preparation of Tenders

C18. Tender Cost and Tender Security/ Earnest It is not possible to have the EMD in the name of the JV/consortium since at the time of biding , as the JV/consortium would not be registered and thus would not be an entity with bank account. Thus, the lead member should be allowed to tender the EMD.

Please refer Sl. No. 7 of summary sheet of Addendum No 3 Money Deposit (EMD):

he Tenderer shall submit Tender Cost and Tender Security/EMD for the sum mentioned in NIT clause 1.1.2 (e) and NIT clause 1.1.2(b) respectively C18.3Tender Security/(EMD): The instrument type for payment of tender security / EMD shall be Demand Draft, Banker’s Cheque, Fixed Deposit Receipt (FDR), Bank Guarantee, RTGS, NEFT or IMPS. In case of joint venture/consortia, Bank Guarantee/FDR for tender security shall be in the name of joint venture/consortia and not in name of individual members.

8 C18.6 The Tender Security of the successful Tenderer shall be returned upon the execution of the Contract and on the receipt by the Employer of the Performance Security in accordance with Sub-Clause 4.2 of the GCC.

It is suggested that the tender security should be adjusted towards the performance security.


9 Special Conditions of Contract (SCC) Clause no.14

Release of Performance Security: The whole of the Performance Security amount shall

be liable to be forfeited by the Employer at the discretion of the Employer, in the event of any breach of contract on the part of the Contractor

V)Balance 5% of Performance Security will be released after 18 months from the end of contract period or subject to the clearance of challans from Delhi Police ,court cases,

Since there is no specific timeline for return of balance 5% of performance security, it is suggested that the balance should be deposited in an escrow bank account and interest there upon be disbursed to the


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statuary cases pending against the contractor whichever is later.

contractor on regular interval of time.


31.3: Contractor agrees and confirms that revenue from Fare, Pass and fines from passengers for use of Basic Services and Additional/extra Services if any, as part of Stage Carriage Services shall be collected by DMRC, or any agency authorized by it, and shall be retained by DMRC in the Designated Account. DMRC shall have the right to permit advertisement for license fee on the Stage Carriages and all such receipts/amount collected/received shall be retained by DMRC. The Contractor’s claim on payment for Basic Services rendered shall be regulated under Clause 31.1 of SCC.

Please clarify who is to take permission for advertisement and bear the related cost. Since ,contractor is not entitled to any proceeds from advertisement ,the permissions and cost should be borne by DMRC.

Advertisement and its related activities is in the scope of DMRC.


For any delay in achieving the Project Milestones date/s, the Contractor shall pay to the DMRC, compensation (hereinafter referred as “Liquidated Damages”) to be calculated in the following manner for:Project milestone no.1: (Financial Closure)

(a) delay upto thirty (30) days, from the scheduled End Date, @ Rupees one lakh only (Rs. 1,00,000/-) per day, and

(b) a delay beyond thirty (30) days , from the scheduled End Date, @ Rupees two lakhs only (Rs. 2,00,000/-) per day.

The penalty is very high. kindly consider reducing it to less than Rs. 50,000 per week.

NO change in tender condition.


FINANCING ARRANGEMENTS 34.2: The Contractor shall, upon the execution of any loan/ debt financing agreement in relation to the financing of the Project and no later than 15 days thereof, submit to DMRC one set each of such debt financing documents along with a summary sheet containing the key terms thereof.

15 days is practically very difficult and thus it is requested to extend the time period to 45 days.

No change in tender condition.

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34.3:The Contractor shall, upon the execution of any equity financing agreement in relation to the financing of the Project and no later than 15 days thereof, submit to DMRC one set each of such equity financing documents along with a summary sheet containing the key terms thereof.

15 days is practically very difficult and thus it is requested to extend the time period to 45 days.


34.4Notwithstanding anything to the contrary contained in this Agreement, the Contractor shall ensure that it has obtained effective legally binding commitments towards meeting the debt and equity financing requirements of the Project (“Financial Closure”) within a period not exceeding two (2) months from the Appointed Date and any extension thereof specifically agreed upon DMRC based on reasonable request of the Contractor. If the Contractor fails to achieve Financial Closure within the aforesaid period, it shall be deemed a Contractor Event of Default.

2 months is practically very difficult and thus it is requested to extend the time period to 3 months..


15 Cluster operation Details Appendix-31

3.The schedule may be reviewed after an initial period of bus operation with a view to improve service delivery and fleet utilization

Kindly specify/define the initial period.

Please refer 3.1.1 of Appendix-31 of SCC.

16 TIME TABLES FOR west CLUSTER

The time table provided is not practical as it lays out equal trip times throughout the day irrespective of peak hour traffic. Thus ,it is advised that a fixed number Of trips in a specified time window of the days, with due consideration for traffic, may be fixed instead of scheduling each trip. it is also recommended that the operator should be allowed to make

Please refer 3.1.1 of appendix-31 of SCC.

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representation in terms of optimum scheduling for highest ridership which would be mutually beneficial to DMRC and operator.

17 Appendix-32OPERATIONAL PARAMETERS, MONITORING AND PERFORMANCE ADJUSTMENTS

1.5.4 Ensuring compliance with Qualifications, Duties and Responsibilities of Drivers as defined in Appendix-32A of SCC. DMRC reserves the right to develop and maintain a biometric record of operational staff of the Contractor for the purpose of monitoring.

Please clarify who will bear the cost of developing and maintaining biometric records of the operational staff of the contractor.

The cost will be borne by the operator.

18 1.7.3 Prescribed routes are adhered to and every scheduled journey is completed as planned. Operators should note that changes to routes and incomplete journeys, are liable for penalization except under force majeure circumstances as set out in Agreement

Penalty should be waived off for an initial period of 3 months of operational until an optimum scheduled can be arrived at.

Please refer clause 31.5 of SCC.

19 1.9.2Making buses available for fitment / inspection / periodic maintenance of On- board Equipment to an agency nominated by DMRC at regular bus parking places. The inspection/periodic maintenance will normally be carried out during the night shift when the bus is not in service. In circumstances when inspections are carried out during the day, DMRC will make every effort to ensure that this does not interfere with the Contractor’s service obligations. The Contractor will develop and implement an effective maintenance system to ensure the timely repair of equipment through the service provider.

Kindly clarify that if the inspections are carried out during day which interferes with the contractor’s service obligations, no penalty would be levied for either the lost kilometer age or missed trips.

The inspections will normally be carried out in night time. However, in circumstances when inspections are made in day time ,every effort will be made not to interfere with contractors service obligations. In case theres is interference with the contractors service obligations, no penalty would be levied for either the

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lost kilometer age or missed trips.

20 3.2.6 T 2 - Deductions for Not Achieving On Time Performance Benchmark Table 2 - Deductions for Not Achieving On Time Performance Benchmark

S. No. Performance Prorated Deduction

1 Upto 5% below BM of 88%

Rs. 50/ - for each checkpoint





4

More than 15% below BM of 88%


Table 3 - Incentive for Actual Performance Better than On Time Performance Benchmark

S. No. Performance Prorated Incentive

1 Above the BM of 92%

Rs. 50/-for each checkpoint subject to 10% of the total check points in a day.

In Table 2,the deduction should be capped to 10% of the total check points in a day just like it has been capped in table 3 on incentives.


21 Appendix-32 QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF DRIVERS AND

Kindly specifies that all the compliances and the responsibilities

Please refer Sl. No. 29 of summary sheet of Addendum No 3.

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CONDUCTORS B Conductors

The qualification, duties, functions, conduct of conductors shall be governed by DMVR 1993, read with permit conditions.

pertaining to Conductors would be the responsibility of the DMRC.

22 GCC clause 4.6

Assignment of contractor and sub-contractor obligation

The Contractor shall not assign a right or benefit under the contract without first obtaining Employer’s prior written consent.

Kindly clarify that if there is delay on part of the Employer to grant permission, the timeline for the concerned works should be extended accordingly.

If there is delay on part of the employer to grant permission, the timeline would be extended accordingly.

23 GCC clause 11.19

Post payment audit: It is an agreed term of the contract, that the Employer reserve to himself the right to carry out a post payment audit and/or technical examination of the works, and the final bill including all supporting vouchers, abstract, etc,and to make a claim to the contractor for the refund of any excess amount paid to him,if as a results of such examination any over payment to him is discovered to have been made in respect of any work done or alleged to have been done by the contractor, under the contract .if any under payment is discovered the same shall be paid bythe employer to the contractor. such payments or recoveries however, shall not carry any interest

A time period of 3 months should be provided after completion of work/payment for audit purpose beyond which no audit should be allowed.


24 GCC Clause 11.20

Recovery of money due to the Employer All damages (including without limitations, liquidated damages) costs, charges ,expense 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 limitations, liquidated,

It is suggested that the recovery related to this contract should be deducted from this contract itself and not from any other contract, if any between the Employer and the


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damages) and the employer shall have the power to recover any balance not so deducted from monies due to the contractor under any other contractor between the Employer and the Contractor.

Contractor. All DMRC tenders should be treated as independent tenders and no EMD or performance Security of any particular tender should be enchased for breach of any other tender.

25 GCC clause 12.2.5

Contractor’s Acceptance and payment The contractor shall either accept or reject any proposed amendment executed by the Engineer pursuant to this section within 5 working days of its receipt date from the Employer.

5 working days is too less to assess the proposed amendment. Thus ,the time granted to contractor should be increased from 5 working days to 15 working days.


26 GCC clause 12.2.5

Indemnity: All sums payable by way of compensation under these condition shall be considered reasonable compensation payable to the Employer, without reference to the actual loss or damage sustained and whether or not any damaged shall have been sustained. the decision of the Engineer as to compensation claimed shall be final and bidding.

The indemnity should be limited to the actual damages and/or loss and should not be left to the discretion of the Engineer as the same would be without any basis. Kindly modify accordingly.


27 GCC clause 17.7

Conciliation procedure The Employer shall maintain a panel of conciliator s,who shall be from serving or retired engineers of govt. dept. or of PSU,out of this panel .a list of three conciliation shall be sent to the contractor who shall choose one of the to act as conciliator and conduct conciliation proceeding in accordance with “the Arbitration and conciliation Act 1996” of india

There will be no objection if conciliator so nominated

It is requested and suggested that the contractor should be given full list of panel members instead of three nominated members. It is suggested that the conciliator should not be the current or past


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is a serving employee of DMRC who would be Deputy level officer and above.

employee of the employer for removing the doubt of biasness.

28 GCC clause 17.9

Arbitration: (a)…The employer shall provide a panel of three arbitrators which may also include DMRC officers for claims uptoRs 5 million and a panel of five arbitrators which may also include DMRC officer for claims of more than Rs. 5 million

In light of supreme court judgment in voestalpineschienenGmbh vs Delhi Metro rail Corporation Ltd. It is suggested that a more exhaustive list of arbitrators should be provide to the contractor to choose the arbitrator. Further, as per 5th Schedule of the Arbitration and Conciliation Act,1996 post 2015endment, if an arbitrator is an employee, consultant advisor or has any other past or present business relationship with a party, it gives rise to justifiable doubts as to the independence impartiality of arbitrator, thus the list of arbitrators should not include the officer of DMRC.


29 GCC Clause 17.10

Interest on arbitration award Where the arbitral awards is for the payment of money ,no interest shall be payable on whole or nay part of the money for any period, till the date on which the

Kindly clarify that this clause is applicable for both the parties and that this clause would not bind the arbitrator(s)


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award is made. from imposing interest.

30 GCC Clause 17.11

Cost of Arbitration The cost of arbitration shall be borne by the respective parties, the cost shall inter alia ,include the fees of the arbitrator(s) as per rates fixed by the Employer from time to time

The fee for arbitrators has been provided under the Arbitration and conciliation Act 1996 and thus, the clause should be modified accordingly.


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S/N Reference Query/Clarification sought DMRC Remark

1.1.2 a Approximate Cost of work

Is this 18% GST rate for cost of work calculation Please clarify the GST rate bidders should use their financial quote.

Please refer clause 23 of SCC. Bidder shall quote their bid in BOQ excluding GST.

1. 1.1.3.1 Eligible Applicant

Provides for an examination of executed/ongoing work which are more than 40% of the NIT cost. While qualification criteria require operator should have maximum Operational Experience of bidder 446 passenger car unit. Request you to clarify the same, to only say the maximum operational Experience of bidder shall be 446 PCU factor, since the operator would anyways required to submit Appendix 19A for satisfactory performance.

This requirement is for evaluating the overall performance of the bidder and not an eligibility criteria. The bidder must not compulsorily have executed work of value more than 40% of NIT Cost. If no work is executed by the bidder of value more than 40% of NIT Cost, then the bidder is required to simply write ‘NIL’ in Appendix-19A.

1.1.3.2 Original ElectricBus Manufacturer Qualification Criteria OEM shall be registered Bus Manufacture with design and bus manufacturing facilities should have supplied 200 Electric buses over the last 5 financial years including the financial year 2017-18 in this regards OEM has to submit

Electric Bus is a new technology, which has allowed new entrants in field. The total no. of electric buses operating in the country is less than 50. Request you to modify the condition as follow so as to allow maximum participation as:

1. OEM shall be registered Bus Manufacturer having registration /eligibility from DHI for availing subsidy under FAME.

2. The OEM should submit the DHI FAME approval for electric bus of any size.

3. To enable Make in India and a new sunrise industry the operator would be required to operate electric vehicles’ from at least 2 OEM approved by DHI


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undertaking the documents as per the Appendix 17C of FOT

4. 4. The financial standing criterion for OEM bidding as single entity should be removed as Electric bus OEM’s only have a 1-2 year manufacturing track record in India.

Instruction to bidders F5 F5.1 Performance security of INR 10(TEN) lakhs per bus to be maintained for a period of 18 months after completion of project.


Performance security Request that the period for performance security be limited to contract duration.

Request that the performance security should be released completely once the operator provide the bank guarantee for incentive availed under FAME


Form of Tender-Appendix 10A Clause:2 OEM to provide adequate support (AMC) to ensure smooth running of buses offered by the bidder. Request this be amended to read : OEM to provide adequate service support to ensure smooth running of buses offered by the bidder as per term of agreement between operator and OEM


Clause 5: OEM to provide requisite technical know-how from time to time and technical lecture to bidder and DMRC. Request this be amended to read: OEM to provide requisite Technical know- how from time to time and technical lecture to Bidder and DMRC on a best effort basis.

Employer’s requirements . 1.1.2 Registration of Buses The contractor is required to get the buses registered in its

name and bear associated costs. It’s the responsibility of the contractor to pay all taxes/duties etc. applicable on the buses and their operation.

Request if DMRC can provide the list of taxes such as Motor vehicle tax, passenger tax, stage carriage permit and GST that would be applicable to the operator, the rates and if DMRC and hence the operator would be eligible for any exemption/concessional rates.

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1.1.3 Operation of Buses Buses shall be operated on routes as per Appendix-30 Request: That DMRC provide a fix 30 minutes break/charging

period after every 60 Kms of operation in Appendix 31 Please refer clause no 1.8.10 of Employers requirement.

1.5.2 Fare collection system The driver of the bus can control/ensure revenue collection from his position of any revenue leakage.


Request: As the bus ticketing system would be smart card validated and hence cashless the revenue leakage doesn’t arise. The same modify accordingly. The driver will not be able handle the ETM as mentioned as Appendix 30 G. Request if this can be modified.


1.8.9 Incentive from DHI under FAME

As per our understanding FAME requires per approval for realise for incentive. Please provide

1. Confirmation from DHI that the said procurement is eligible under Fame.

2. Please confirm if the eligible entity for incentive as approved by DHI for DMRC, OEM or DMRC.

3. The incentive scheme under FAME is similar to VGF schemes in other infrastructure projects. The standard BG approach for VGF is reducing VGF over contract period. Request if DMRC could consider the same.

Please refer clauses 1.8.9-1.8.9.4 of Employers requirement.

Special condition of contract Electricity Water and gas: Please confirm 17.(i) 4.18 1. If a connection would be provided at each of the depot/s or

only 1 connection. Please refer Sl. No. 21 of summary sheet of Addendum No 3

2. Electricity rates: would be electricity connection be provided as a sub meter to DMRC Existing connection. So please provide rate of electricity applicable.


3. DERC has provided a separate rate of electricity charging for e vehicles. Would DMRC be eligible to avail the separate connection under DERC order

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4. Please provide the water rates that would be applicable at depots.


Appendix 33A Break up price for AC electric Buses No change in tender condition.

1, Request if a separate head be created for capital charges for electricity charging station and associated cost of electricity connection/ substation.

B. Commercial/Financial

Sl Ref in RFP Query 1. SSC Additional definition Clause7

Service Hour The route chart and timing specified doesn’t provision for any mandatory rest period. Please provide rest period as per definition 1. Also provide details of stop on the route.

Please refer Sl. No.25 of summary sheet of Addendum No 3

2. Professional indemnity insurance(Article 15.2 of General condition of contract

The provision requires professional indemnity insurance for design of the works to be carried out on or behalf of the contractor. Further, the insurance be valid for period five years after the issue of performance certificate. Request: The provision is not applicable for the contract under discussion. Provision may be deleted.

Please refer Clause 30 of SCC.

3. Insurance for Works and contractor’s equipment

The provision needs to be redrafted to fit to the contract under discussion, it seems the GCC is for Metro construction work

4 Insurance during deployment (Article 1.7; Employer’s requirement)

The provision covers all the insurance related requirements; Request: In view of the availability of this provision which is sufficient to cover the risks of employer and the operator, all other provisions as appearing in the Bid Document related to insurance may be deleted.


Technical/ Operational

Sl Ref in RFP Query DMRC Comments 1. The Bidder shall submit a duly

notarized written Power of Attorney Can a Board Resolution be submitted in lieu of Power of attorney in case of a company, especially


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authorising the signatory (ies) of the Tender to commit the bidder along with Board Resolution confirming authority on the persons issuing the Power of Attorney for such actions. In case of partnership, consortium or joint venture, notarized Power of Attorney(s) and Board Resolution(s) for each member of the Partnership, Consortium or Joint Venture shall be submitted. In case of Foreign Partners, Power of Attorney(s) and Board Resolution confirming authority on the persons issuing the Power of Attorney for such actions shall be submitted duly notarized by the notary public of country of origin and should be either stamped by Embassy / High Commission or Member Countries of Hague convention may submit these document with “Apostille” stamp. Also in case the documents are in foreign language the translation of the same shall be authenticated by Embassy / High Commission.

where foreign Directors are involved?

3. Page 28/3.5.2. Major or Fatal Accident Situations (a) should pass skill test from IDTR or any other institute prescribed by DMRC.

Can any other institute” mentioned in clause 3.5.2(a) include an in-house facility and program for driver competency development of a global standard of contractor?

The institute may be either IDTR or any other institute prescribed by DMRC at a later stage.

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4. Page 28/3.5.2. Major or Fatal Accident Situations:In addition to the above measures, DMRC shall impose a cash penalty of Rs. 1,00,000 (Rupees One Lakh) per fatality, in case of an accident involving a fatality. This penalty amount shall be adjusted for CPI-IW bi-annually. This financial penalty will be without prejudice to any other legal action against the Contractor taken by a court of law.

1. What is the base rate for CPI IW considered for INR 1,000 lakh penalty, will the change in CPI-IW change the penalty amount prescribed. Whether this penalty be adjusted at the time of change in rate due to change in CPI-IW.

Base Rate of CPI-IW will be the rate prevailing at the time of award of tender.

2. What is the mechanism established for justifying the accident as preventable or non-preventable? In case of preventable and non-blameworthy data accidents how will the liability be arrived at?

Tender conditions are self explanatory.

3. Will the amount of penalty be in addition to insurance claim?

Yes

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SN Clause No. Page No.

Clause Details Clarification sought/Alternatives

1 4 EMD: Amount of Tender Security Rs. 5.69 cr

Request authority to reduce the quantum of EMD


Addendum No 3 2 1.1.3.1 5 Eligible Applicant Clarification sought on minimum

percentage of participation. It is understood that this is an consortium/ unincorporated JV, then how shall the participation be measure- minimum 26% lead member participation?

Please refer para d) of Appemdix-6 of FOT where-in it is clearly mentioned that “In case of JV/Consortium, MoU/Agreement (duly notarized) is required to be entered into by the joint venture / consortium members, containing intended percentage participation, nomination of Lead Member and division of responsibility to clearly define the work of each member etc.” Bidder shall submit this MoU during Tender Submission.

3 1.1.3.2.2 B 3) V) (iii)

6 Relaxation sought on value- 40% of NIT cost

For Clause 1.1.3.1 v (c), This requirement is for evaluating the overall performance of the bidder and not an eligibility criteria. The bidder must not

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compulsorily have executed work of value more than 40% of NIT Cost. If no work is executed by the bidder of value more than 40% of NIT Cost, then the bidder is required to simply write ‘NIL’ in Appendix-19A..

4 1.1.3.2 A 7 OEM: Appendix 29: shall be a

registered Bus Manufacturer with design and bus manufacturing facilities and should have supplied at least 200 Electric Buses over the last five financial years including the financial year 2017-18. In this regard OEM has to submit undertaking and documents as per the Appendix-17C of FOT.

Clarification sought with regards to supply. Is it limited to supply in India or Globally?


Addendum No 3

5 1.1.3.2 B 7 Operational Experience Operational experience can be relaxed for tender’s bidding either singly or in JV/consortium if they meet 2 times the financial criteria highlighted.


6. 1.1.3.2 B (ii) 7 JV/Consortium wherein one of the members is Electric Bus Manufacturer

(OEM) meeting the specifications prescribed in ER- Appendix-29

Agency to relax operational qualifying criteria if bidding member of JV/Consortium

includes OEM

Operational experience is not required in case the OEM is participating as a sole bidder or as a substantial member of JV/Consortium

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7. 1.1.3.2 B v) 8 Bidder needs to submit documents in

respect of Operational Experience under any one or all the categories. In case the bidder is a JV / Consortium, full value of the work, if done by the same joint venture shall be considered. However, if the qualifying work(s) were done by them in JV/Consortium having different constituents, then the value of work as per their percentage participation in such JV/Consortium shall be considered. This is to be substantiated with documentary evidence such as Client/Completion certificate, permit

Full value of the work should be considered by the entity if bidding in a different JV/ Consortium as it may be difficult to ascertain percentage participation. For sake of simplicity & to avoid complexity in calculation, request agency to allow entity to use 100% credentials whether bid solely or in a consortium


8. 1.1.3.2 C 9 This shall be seen from the last audited balance sheets and/or from the banking reference. Net current assets and/or documents including banking reference (as per proforma given in Appendix-23 of Form of Tender), should show that the applicant has access to or has available liquid assets, lines of credit and other financial means to meet cash flow of Rs. 8.14 crore for this contract, net of applicant’s commitments for other contracts. Banking reference should contain in clear terms the amount that bank will be in a position to lend for this work to the bidder/member of the Joint Venture/Consortium. In case the Net Current Assets (as seen from the Balance Sheets) are negative, only the

Request agency to define last three financial year.

Please refer Appendix-18 of FOT

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Banking references will be considered. Otherwise the aggregate of the Net Current Assets and submitted Banking references will be considered for working out the Liquidity.

9. 1.1.3.2 C 10 Financial Criteria Request agency to allow Bidder to use credential of associate—Parent/holding company/sister concern for the purpose of meeting financial qualifying criteria.


10. 1.1.3.2 C (iii) 10 Net Worth OR Turnover Instead of percentage of participation, if one member meeting this criteria should be allowed and parent credentials should be allowed to be used.


11 32 Performance Security: The performance security required in accordance with clause 4.2 of the gcc shall be for rs 10,00,000/- (rs. two lakh) per busi.ers 9,90,00,000/-(rs. 9.90 crores)for 99 buses

Request authority to reduce the quantum of performance security to 5 lacs per bus.


12 Appendix-7 50 Deployment of Minimum number of personnel

The number of personnel to run operations to be decided by contractor ensuring SLAs as defined in RFP.


13 Appendix-10 53 Resources proposed for the project- Plants & Equipments

The list should be indicative & not mandatory. Contractor should ensure meeting operational SLAs as defined in RFP.


14

Employers Requirement

1.1.1

82 It shall be responsibility of the contractor’s personnel (driver/supervisor) in absence of conductor

DMRC to ensure backup conductor. Fare collection to be solely in scope of agency.


15 Employers Requirement

1.1.2

83 Depot Infrastructure We request authority to provide the contractor with the necessary fully functional depot. Developing infrastructure at depot will pose additional financial burden on the project leading to higher cost

Please refer Addendum No 3

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of operations. 16 117 Electricity Water and Gas

Electricity connection will be provided at one point to the Contractor by DMRC and the Contractor shall be required to tap the electricity from DMRC’s nearest Distribution Board with its own infrastructure / resources. For the purpose, if any augmentation in the electricity infrastructure Provided by DMRC is required in the depot, the same shall be in the scope of the Contractor. The Contractor shall be required to pay all costs associated with provision of electricity and monthly recurring cost based on consumption during operation/implementation of contract. Contractor shall be required to pay all costs associated with provision of water connection and monthly maintenance and recurring cost based on consumption of water.

Any augmentation of existing load/electrical infrastructure to support charging infrastructure at depot be in scope of Agency. Current clause implies indefinite scope of contractor with regards to electricity augmentation. We request agency to provide electricity point inside the depot for facilitating the operator to setup the necessary charging infrastructure.


17 Appendix-32 (1.9.1)

221 The Contractor shall be responsible for: Ensuring that On-board Equipment such as the GPS unit, ticket issuing equipment, Smart Card Validators, cabling, and accessories provided by DMRC or an agency nominated by DMRC, are in working order and not tampered with.

Contractor to ensure equipment installed by agency is not tampered. However, contractor shall not be responsible for the working order of such equipment. Agency to carry out necessary period checks to ensure working condition of its equipment.


18 - Is FAME incentive applicable for this project.

Please refer clauses 1.8.9-1.8.9.4 of employers requirement.

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19 - Request agency to define limitation of liability for contractor with reference to this contract. We suggest a cap on 5% of contract value.

No change in tender condtion

20 - Can an associate company- either holding or sister concern be part of JV/Consortium?

Yes, holding or sister concern be part of JV/Consortium

21 - How the % will be determined in the consortium agreement given it is an unincorporated entity.

Please refer para d) of Appemdix-6 of FOT where-in it is clearly mentioned that “In case of JV/Consortium, MoU/Agreement (duly notarized) is required to be entered into by the joint venture / consortium members, containing intended percentage participation, nomination of Lead Member and division of responsibility to clearly define the work of each member etc.” Bidder shall submit this MoU during Tender Submission.

22 - Request agency to allow Bidder to assignment to subsidiary/associates. In renewable projects, the companies after award of contract incorporate a SPV for completion of work for better financial


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closure. 23 - Clarification sought from agency with

regards to flexibility of shared schedules in the RFP.

No change in tender conditions

24 Escrow Mechanism Request authority to apply escrow mechanism for making timely monthly payments.


25 Payment Security Authority to include 3 months worth of payment as security for timely payments.


26 Backup Buses Are backup buses required or provision is made for conventional fuelled buses as backup

contractor to ensure provision of services as per tender. it is upto contractor to provide these services with or without backup buses.

27 Charging Operations What is the time allocated for charging, locations- Depot or intermediate, necessary load to support charging operations.

please refer clause 1.8.10 of employers requirement

Charging Space Is depot the only identified location for supporting chargers or provision will be made for intermittent charging at stops

please refer clause 1.8.10 of employers requirement

Charging Infra Power connection source points other than a depot?


S.No Tender Clause No. Description of Clause Request for Clarification /Amendment DMRC Remarks

11.1 GENERAL

1.1.1 Name of Work

Provision of Feeder Services under South Cluster for last mile connectivity with procurement,operation and maintenance of 16-22 seater low floor AC Electric (Battery Operated) Buses.

Request you to Amend as 800mm-900mm floor height Please refer Sl. No. 15 of summary sheet ofAddendum No. 3

21.1.2 Key Details:b. Tender Security*(Earnest Money Deposit)

Amount of Tender Security:- Rs.5.69 Crores Request to reduce the Amount of Tender Security:- Rs.1.0lakh per bus i.e., 0.99Crores

Please refer Sl. No. 2 of summary sheet ofAddendum No. 3

31.1.2 Key Details:

C. Period of work

10 Years from commencement date of services (COD) as mentioned in appendix 34 of SCC, withprovision of extension by 2 years based on mutual consent

Request to change the contract period between 12 to 15 Yearsfrom commencement date of services (COD) as mentioned inappendix 34 of SCC, with provision of extension by 2 yearsbased on mutual consent


41.1.2 Key Details: o)Date ofCommencement of services(COD):

Commencement Starting from 6 months from the date of issue of LOARequest to change as "Commencement Starting from 3 monthsfrom the date of issue of LOA."


5 1.1.3.1 ELIGIBLE APPLICANT

ii) b) A Bidder shall submit only one bid in the tendering process, either individually as a Bidder oras a partner of a JV/Consortium. A Bidder who submits or participates in more than one bid willcause all of the proposals in which the Bidder has participated to be disqualified. No Bidder can bea subcontractor while submitting a bid individually or as a partner of a JV/Consortium in the samebidding process. A Bidder, if acting in the capacity of sub-contractor in any bid, may participate inmore than one bid, but only in that capacity.

In addition to the clause, Any OEM is allowed to issue multipleManufacturer Authorization Form.

OEM is allowed to issue multiple Appendix-10A of FOT.

6 1.1.3.1 ELIGIBLE APPLICANT

v)c) The overall performance of the tenderer (all members in case of JV/ Consortium separately)shall be examined for all the ongoing Bus Services OR Stage Carriage/ Contract Carriage Services ofvalue more than 40% of NIT Cost and also for all the completed Bus Services OR Stage Carriage/Contract Carriage Services works awarded by DMRC/ any other Metro Organisation (100% ownedby Govt.) / any govt. Department/ or any PSUs of value more than 40% of NIT Cost within last oneyear (from the last day of the previous month of tender submission), executed either individuallyor in a JV/ Consortium.

The tenderer shall provide list of all such works in the prescribed Performa given in Appendix-19Aof the Form of Tender. The tenderer (all members in case of JV/Consortium separately) may eithersubmit Satisfactory performance certificate Issued by the Client / Employer for the works or givean undertaking regarding satisfactory performance of the work with respect to completion ofwork/ execution of work (ongoing works) failing which their tender submission shall not beevaluated and the tenderer shall be considered non-responsive and non-compliant to the tenderconditions. In case of non-submission of either satisfactory performance certificate from client /employer or undertaking of satisfactory performance of any of the above work, the performance ofsuch work shall be treated as unsatisfactory while evaluating the overall performance of tendererin terms of Note (b) of Appendix - 19A. In case of performance certificate issued by the client, sameshould not be older than three months (from the last day of the previous month of tendersubmission for the ongoing works).

Since the tender is for Electric buses the qualificationparameters are to be met for the same electric buses and notfor CNG/Diesel buses. As of now, we are the only people whohave deployed commercial vehicles on Indian Roads.

This is not mandatory that the bidder must have executed work of value more than 40% of NIT Cost. If no work is executed by the tenderer of value more than 40% of NIT Cost, then the bidder is required to simply write ‘NIL’ in Appendix-19A..

GOLDSTONE QUERIES

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7

v) e) If the Bidder or any of the constituent ‘substantial member(s)’ of JV/ Consortium does notmeet the criteria stated in the, Appendix-17, Appendix-17A & Appendix-17B, Appendix-19,Appendix-20 the Bidder including the constituent ‘substantial member(s)’ of JV/Consortium shallbe considered ineligible for participation in tender process and they shall be considered ineligibleBidders in terms of Clause 1.1.3.1 of NIT.

Please clarify whether there is any constraint on number ofsubstantial and number of Non substantial members ofconsortium.

Please refer NIT Clause 1.1.3.1 vii)

81.1.3.2 MINIMUM ELIGIBILITYCRITERIA

A. ii) An Original Electric Bus Manufacturer (OEM)* meeting the specifications prescribed inEmployers Requirement-Appendix-29, can participate either as a single entity or in JV/Consortium.

*An Original Electric Bus Manufacturer (OEM) shall be a registered Bus Manufacturer withdesign and bus manufacturing facilities and should have supplied at least 200 Electric busesover the last five financial years including the financial year 2017-18. In this regard OEMhas to submit undertaking and documents as per the Appendix-17C of FOT.

. ii) An Original Electric Bus Manufacturer (OEM)*/Technology Partner meeting the specifications prescribed inEmployers requirement -Appendix-29, can participate eitheras a single entity or in JV/ Consortium.

*An Original Electric Bus Manufacturer(OEM)/Technology Partner shall be a registered BusManufacturer with design and bus manufacturingfacilities in India and should have supplied at least 200Electric buses globally over the last five financial yearsincluding the financial year 2017-18. In this regard OEMhas to submit undertaking and documents as per theAppendix-17C of FOT. However the collective supplyrecord of consortium members can be considered.Customer details should be provided along with fleet,location, contact, email ID.

Please refer Sl. No. 3 of summary sheet ofAddendum No. 3

9B.OPERATIONAL EXPERIENCECRITERIA

i) Minimum Operational Experience of the Bidder shall be 446 Passenger Car Unit Years during the last three Years (up to the last day of the previous month of tender submission)

Since the tender is for Electric buses the qualificationparameters are to be met for the same electric buses and notfor CNG/Diesel buses. As of now, we are the only people whohave deployed commercial vehicles on Indian Roads.


10 C. FINANCIAL STANDING

11 C. FINANCIAL STANDING

T1 (LIQUIDITY): This shall be seen from the last audited balance sheets and/or from the bankingreference. Net current assets and/or documents including banking reference (as per proformagiven in Appendix-23 of Form of Tender), should show that the applicant has access to or hasavailable liquid assets, lines of credit and other financial means to meet cash flow of Rs. 35.86crore for this contract, net of applicant’s commitments for other contracts. Banking referenceshould contain in clear terms the amount that bank will be in a position to lend for this work to thebidder/member of the Joint Venture/Consortium. In case the Net Current Assets (as seen from theBalance Sheets) are negative, only the Banking references will be considered. Otherwise theaggregate of the Net Current Assets and submitted Banking references will be Considered forworking out the Liquidity.

As Electric buses are new Technology product, hence TheLiquidity should be calculated jointly for the consortiummembers.

iii) T3 (Net Worth)Net Worth of Bidder during last audited financial year should be ≥ Rs11.40 crore.

13 C. FINANCIAL STANDINGiv) T4- Annual Turnover: The average annual turnover of the Bidder during last 3 auditedfinancial years should be ≥ Rs 45.59 crore. The average annual turnover of JV will be based onpercentage participation of each member.

As Electric buses are new Technology product, hence TheLiquidity should be calculated jointly for the consortiummembers.


12 C. FINANCIAL STANDINGAs Electric buses are new Technology product, hence TheLiquidity should be calculated jointly for the consortium

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Instructions to Bidders

A4 QUALIFICATION OF THEBIDDER:

A4.1 The Bidder shall submit a duly notarized written Power of Attorney authorizing thesignatory(ies) of the Tender to commit the bidder along with Board Resolution confirmingauthority on the persons issuing the Power of Attorney for such actions. In case of partnership,consortium or joint venture, notarized Power of Attorney(s) and Board Resolution(s) for eachmember of the Partnership, Consortium or Joint Venture shall be submitted. In case of ForeignPartners, Power of Attorney(s) and Board Resolution confirming authority on the personsissuing the Power of Attorney for such actions shall be submitted duly notarized by thenotary public of country of origin and should be either stamped by Embassy / HighCommission or Member Countries of Hague convention may submit these document with“Apostille” stamp. Also in case the documents are in foreign language the translation of thesame shall be authenticated by Embassy / High Commission.

“The Bidder shall submit a duly notarized written Power of Attorney authorizing the signatory(ies) of the Tender to commit the bidder along with Board Resolution confirming authority on the persons issuing the Power of Attorney for such actions. In case of partnership, consortium or joint venture, notarized Power of Attorney(s) and Board Resolution(s) for each member of the Partnership, Consortium or Joint Venture shall be submitted. In case of Foreign Partners, Power of Attorney(s) and Board Resolution confirming authority on the persons issuing the Power of Attorney for such actions shall be submitted duly notarized. by the notary public of country of origin and should be either stamped by Embassy / High Commission or Member Countries of Hague convention may submit these document with “Apostille” stamp. Also in case the documents are in foreign language the translation of the same shall be authenticated by Embassy / High Commission.

no change in tender condition.

The Employer may get, from the Government, partial or complete waiver of taxes, royalties, duties,Labour cess, octroi, and other levies payable to various authorities.

The successful tenderer (the contractor) shall maintain meticulous records of all the taxes andduties paid and provide the same with each running bill. In case the waiver becomes effective, theContractor will be advised on the process to be followed to obtain the refund from the concernedauthority. The Contractor shall arrange for the remit of the refund to the Employer. In case offailure by the Contractor to remit such amounts, the same shall be recovered from amounts due forpayment to the Contractor. With the tender submission, the tenderer shall submit the proof of GSTregistration in the state of Delhi or shall submit an undertaking that he will get registered withappropriate GST authorities in the state of Delhi in case of award of LOA to them.

The Employer may get, from the Government, partial orcomplete waiver of taxes, royalties, duties, Labour cess, octroi,and other levies payable to various authorities.

The successful tenderer (the contractor) shall maintainmeticulous records of all the taxes and duties paid and providethe same with each running bill. In case the waiver becomeseffective, the Contractor will be advised on the process to befollowed to obtain the refund from the concerned authority.The Contractor shall arrange for the remit of the refund to theEmployer. In case of failure by the Contractor to remit suchamounts, the same shall be recovered from amounts due forpayment to the Contractor. With the tender submission, thetenderer shall submit the proof of GST registration in the stateof Delhi or shall submit an undertaking that he will getregistered with appropriate GST authorities in the state ofDelhi in case of award of LOA to them. In case if any higherrevision in Taxes the same shall be to DMRC account.


16 C18.3 of Instructions to Bidders

Tender Security/EMD:In case of joint venture/ consortia, Bank Guarantee/ FDR for tender security shall be in the name ofjoint venture/consortia and not in name of individual members. The Tender Security/EMD shallremain valid up to the date specified under the

In case of joint venture/ consortia, Bank Guarantee/ FDR for tender security shall be in the name of joint venture/consortia and not in name of individual members. The Tender Security/EMD shall remain valid up to the date specified under the


17C21 Other Contractors of Instructions to Bidders

The Tenderer's attention is drawn to the requirement that access to the buses/depot, from time totime, may have to be shared with other contractors carrying out works/ services on thebuses/depot.


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1. 15th day of the month : 40% of estimated payment for the Month

Kindly request you to change the payment schedule as under:

1. on 10th of every month: 40% of advance for the samemonth

2. 30th or 31st day of the month : 40%of estimated Payment for the month 2. on 20th of every month: 40% of for the same month

3. Before 10th day of month succeeding the payment month -Balance 20% of Payment for the month subject to: -

i) Performance Adjustment,ii) Plus -payment of additional/extra services, if any, andiii) Minus – Payment already mades at S.N 1.& 2.above

19F AWARD OF CONTRACT of Instructions to Bidders

F1.2 In case, two or more technically qualified bidders quote the same rates in the Commercial Bid,and become Lowest (i.e. L-1), then the tender would be awarded to the bidder who has the highest/ higher Average Annual Turnover for the last 3 financial years. The information will be seen fromAppendix-18.

We request you to amend as “In case, two or more technicallyqualified bidders quote the same rates in the Commercial Bid,and become Lowest (i.e. L-1), then the tender would beawarded to the bidder who has the highest / higher AverageAnnual Turnover for the last 3 financial years and havingmanufactured and higher operational experience in ElectricBuses in India & overseas of consortium partners”


20F5 Performance Security of Instructions to Bidders

F5.1 The Performance Security required in accordance with Clause 4.2 of the GCC shall be for Rs10,00,000/- (Rs. Ten lakh) per bus i.e. Rs 9,90,00,000/-(Rs. 9.90 crores) for 99 buses as perclause 12 of SCC in the currency in which the Contract Price is payable.

The Performance Security shall be furnished to the Employer within 30 (thirty) days of receipt ofthe Letter of Acceptance.

Kindly request you to amend the clause as “The PerformanceSecurity required in accordance with Clause 4.2 of the GCCshall be for Rs.5,00,000/- (Rs. Five lakh) per bus i.e.Rs.4,95,00,000/- (Rs. 4.95 crores) for 99 buses”

Please refer Sl. No.8 of summary sheet of Addendum No. 3

21 F5 Performance Security of Instructions to Bidders

In case of Joint Venture/Consortium, the Performance Security is to be submitted in the name ofthe JV / Consortium. However, splitting of the performance security (while ensuring the security isin the name of JV / Consortium) and its submission by different members of the JV / Consortiumfor an amount proportionate to their scope of work is also acceptable.

In case of Joint Venture/Consortium, the Performance Securityis to be submitted in the name of the JV / Consortiummembers. However, splitting of the performance security(while ensuring the security is in the name of JV / Consortium)and its submission by different members of the JV /Consortium for an amount proportionate to their scope ofwork is also acceptable.


22FORM OF TENDER – Appendix-1

vii. Amount of Third Party Insurance - Rs. 0.75 Million for any one incident, with number ofincidents unlimited.

Kindly request to revise the amount of third party insurance. No change in tender condition.

RESOURCES PROPOSED FOR THE PROJECT- PLANTS & EQUIPMENTS:RESOURCES PROPOSED FOR THE PROJECT- PLANTS &EQUIPMENTS:

6. Brake drum turning / re-boring machine 6. Not Applicable 9. Wheel alignment18. Wheel balancing equipment19. Simulators for Driver training

20. Training facilities and equipment

1. Project Milestone No. 1 : 2. Project Milestone No. 1 :Financial Closure : 2(Two) Months Financial Closure : 4 (Six) Months

25FORM OF TENDER – Appendix-18

Group Member’s Legal Name


FORM OF TENDER-Appendix-10

24FORM OF TENDER-APPENDIX14



Training will be provided at one depot

18C27 SCHEDULE OF PAYMENTof Instructions to Bidders

3. on 30th of every month: 20% of payment after adjustments

Portable Machine will be provided 01No for every 100Buses

23

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26

1.4 AVAILABILITY OFINFRASTRUCTURE (BATTERYOPERATED BUSES ANDBATTERY CHARGER)

The assured kms will be 141 kms per bus per day.The assured kms will be 141 kms per bus per day . Payment for the assured KMs will be made by DMRC.


27 1.8.7

Bus design shall meet all statutory requirements in respect of each and every item of the Bus.Contractor shall obtain type approval certificates etc. for buses & any other items from testingagencies authorized under Rule-126 of CMVR, 1989, and Bus Body Code. Offered bus should beapproved by approved testing agencies like Automotive Research Association of India (ARAI),ICAT, etc. Contractor need to arrange manufacturer’s authorized certificate.

Bus design shall meet all statutory requirements in respect ofeach and every item of the Bus. Contractor shall obtain typeapproval certificates etc. for buses & any other items fromtesting agencies authorized under Rule-126 of CMVR, 1989,and Bus Body Code. Offered bus should be approved byapproved testing agencies like Automotive ResearchAssociation of India (ARAI), ICAT, etc. Contractor need toarrange manufacturer’s authorized certificate. Homologation certificate for offered electric bus or any other electric busvariant of OEM shall be submitted along with the bid.


29 1.8.9.1

It shall be the responsibility of the contractor to avail the reimbursement of incentive amountunder FAME India scheme which will be paid in instalments by DHI. In the event of delay of morethan 6 months in release of incentive under FAME scheme by DHI, DMRC will pay 90% of theincentive amount payable to the contractor under FAME scheme as interest free advance againstacceptable Bank Guarantee from a Schedule Commercial Bank in India. The value of BankGuarantee shall be 110% of such advance paid to the Contractor. This advance will be in additionto the advance mentioned in clause 25 of SCC.

Validity of Bank guarantee should be on yearly reducing basis.This will ensure better pricing of PER KM cost.


30 1.8.9.2

The contractor shall refund this advance to DRMC within 15 days of receipt of the incentive fromDHI failing which interest at the rate equal to State Bank of India’s Marginal Cost of fund basedLending Rate (MCLR) applicable for the tenor of 01 year prevailing on the date of receipt ofincentive from DHI plus 3% Penal Interest per annum shall be charged from the contractor.

The contractor shall refund this advance to DRMC within 30 days of receipt of the incentive from DHI failing which interestat the rate equal to State Bank of India’s Marginal Cost of fundbased Lending Rate (MCLR) applicable for the tenor of 01 yearprevailing on the date of receipt of incentive from DHI plus 3%Penal Interest per annum shall be charged from the contractor.


31 1.8.9.3

In the event of withdrawal of FAME scheme by Ministry of Heavy Industries and PublicEnterprises due to any reason or Contractor not being entitled due to specific provision in theFAME scheme, the incentive amount as applicable as on date of tender submission shall be paid byDMRC to the contractor (which will be nonrefundable) against an acceptable Bank Guarantee froma scheduled commercial bank in India.

The subsidy either by DHI or by DMRC should be in sync withFAME II

Please refer 1.8.9 to 1.8.9.4 of Employer's Requirement of Tender Document.

Request DMRC to confirm the same. Please also specifyincentive for charging station which is not mentioned in givennotification.

As per Ministry of Heavy Industries and Public Enterprises notification dated 12.09.2017(Appendix-38),a partial modification of scheme for Faster Adoption and Manufacturing of

(Hybrid&) Electric Vehicles in India-FAME which was notified by DHI by S.O.830 (E) dated 13th

March 2015, incentive amount under table 8 for fully electric buses under category M2 and M3 ofCMVR for incentive Level-I and Incentive Level-II has been decided by DHI, based on the terms andconditions mentioned under their notifications. Since DMRC is inviting the tender forprocurement, operation and maintenance of Electric buses, bidders are advised/suggested toquote their rates considering that they will get the incentive amount from DHI under FAME IndiaScheme.

28 1.8.9Please refer 1.8.9 to 1.8.9.4 of Employer's

Requirement of Tender Document.

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32 1.4. Engineering Quality

1.4.2. If, DMRC considers that the operation of a vehicle provided by the Contractor could affect thesafety of passengers or the general public, DMRC may instruct the Contractor not to operate thatvehicle. In such circumstances the Contractor shall provide at its own expense an alternativevehicle for the performance of the Services.

1.4.2. If, DMRC considers that the operation of a vehicleprovided by the Contractor could affect the safety ofpassengers or the general public, DMRC may instruct theContractor not to operate that vehicle. In such circumstancesthe Contractor shall provide at its own expense an anydiesel/CNG/electric alternative vehicle for the performance of


General Obligations of Employer: General Obligations of Employer:

(c) make timely payment of CYF and Goods and Services Tax (GST), and for this purpose agrees to:(c) make timely payment of CYF and Goods and Services Tax(GST), and for this purpose agrees to:

i. open a Designated Account;i. open a Designated Escrow Account between DMRC andContractor;

Additional Clauses:

S. No. Tender Clause No. Description of Clause Request for Clarification /Amendment

1 Dead Mileage Please confirm shall DMRC pay for Dead KMs or not.Please refer Sl. No. 32 of summary sheet of Addendum No. 3

Technical Specification:

S.No. Tender Clause No. Description of Clause Request for Clarification /Amendment

1 3.2 Emission norms BS-III / BS-IV / latest as applicable Not Applicable as the EV Technology is Zero Emission Technology

2 3.3 Engine managementEngine oil pressure, engine coolant temperature, engine speed in RPM, vehicle speed, engine% load(torque),diagnostic

message (engine specific)Not Applicable as the EV Technology has no engine

7.3 Kneeling applicable in case of air

suspension(required only for 400 mm floor height

buses)

4 9.2 Self starter 12/24 Not Applicable for EV Vehicles

5Specific Requirement for the Instant

Tender 13.3 Floor Height: 400 mm. The buses should be Divyangjan friendly.

Floor Height with 400mm for the said length is not available and request you to

amend the floor height to 600/900mm. However Disabled friendly wheel chair

lifting equipment can be installed.

6Specific Requirement for the Instant

Tender13.4 Min. axle clearance – 176mm Should be as per UBS-II

Wheel area clearance (mm):

> 220 mm for parts fixed to bus body &> 170 mm for the parts moving vertically with axle

8 14.8

Ramp for wheel chair at the gates: Sunken type wrap over (manually operated) ramp, for wheel chair of PWDs, fitted on

floor at gate in front of PWD seat anchorage.

Suitable design mechanism for 650/900mm floor height considering that floor level of bus stops are at 400mm

Not applicable since floor height is > 650mm

Kneel ramp control: (applicable in reference of clause 7.3)

Kneeling arrangement for kneeling on left side severally and combined. Kneeling up to 60 mm.

10 15.6. Safety glasses and fittings a. Front Windscreen Glass Size : Standard designs for each variant of buses to be followed. (Refer Annexure-1 of UBS-II) Size shall be as per AIS 05211 15.6. Safety glasses and fittings b. Rear Windscreen Glass Size : Standard designs for each variant of buses to be followed. (Refer Annexure-1 of UBS-II) Size shall be as per AIS 052

c. Side windows:

Flat, 2-piece design-top fixed / sliding & bottom sliding toughened glass IS 2553 (Part-2)-1992/latest.Request you to amend as Fixed Flat toughened pasted glass as the vehicle is

fitted with AC

Seat area/seat space per passenger Seat area/seat space per passenger

(width*depth) mm: 400*350 (width*depth) mm: 400*350 minimum

14 15.7.l Area for seated passengers (sq. mm.): 400*350 Area for seated passengers (sq. mm.): 400*350 minimum

15 18.11 Window guardrails: As per AIS 052. An additional guard rail in the rear part of bus in view of raised seating Not being provided as the vehicle is AC



13 15.7.c

7 13.4.b Not Applicable for Air Suspension

9 14.8.f Kneeling is not possible for floor height above 600mm

12 15.6. Safety glasses and fittings

3 60 mm entry / exit side severally & collectively Kneeling is not possible for floor height above 600mm

332.1 of Special Conditions ofContract

34 BOQ06 (Annexure-A)Note: The tendered shall indicate price adjustment against each deviation in Annexure-A of BOQ.This price is the price which the tenderer shall reduce from his tender price if deviation(s) is/areaccepted by the employer.

Clarification required: (i) Method of evaluation. (ii)Maximum Limit for deviations.

Please refer C2.2 (o), C15, E4.7 of ITT, Appendix-13 of FOT and Annexure-A of BOQ

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16 20.5

Air curtains on entry / exit gates to avoid loss / gain of heat and or cool air when doors are frequently opened for

boarding / alighting of Passenger with min air flow of 1000 ± 50 m³/ hr. at each gate. Type of air curtains at

entry exit gates their power consumption etc. be accounted for while deciding engine power, etc.

Evaluation Criteria:

Weightage Max Weightage

Technical bid evaluation

Technology

Proven technology: deployment of

electric buses from bidder / consortium

in India

10

00-05 buses 1

06-10 buses 4

11-50 buses 7

>50 buses 10

Chassis construction 5

Rigid chassis with Long, Cross members 2

Monocoque construction 5

Range on single charge in km 20

<50 1

50-100 5

100-150 10

150-200 15

>200 20

Vehicle Suspension

Front & Rear 5

Air suspension 5

Leaf spring (Front/Rear) 2

Brake Type 5

Disc Brake (Front & Rear) 5

Drum Brake (Front/Rear) 2

Technical bid evaluation 45

Gross Cost per km 55



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DMRC Clarifications for Tender No. DMRC/Operations/FBS-06/2018 (South Cluster) A. Technical Parameter- Related S. No. Description

Specification

Clarification required DMRC Comments Clause in Employer’s

requirement (Appendix-29) of RFP

(Requirement)

Tender Parameters -

Bus Floor Height Maximum floor height 900 mm with inclusion of variants of having floor height of 400 mm& 650mm

Floor height to be 650mm or 900mm


1 Propulsion system ICE, Electrical, Hybrid, Fuel cell This should be Battery operated

3.1.a Rated performance at GVW in a stop / start urban operations

Geared maximum speed without speed limiter to be minimum 75 kmph

Geared max speed should be 75 kmph

3.1.d Maximum speed Geared maximum speed without speed limiter to be minimum 75 kmph

Geared max speed should be 75 kmph

3.1.f Rated HP / torque preferably at lower rpm/rpm range

Maximum engine torque required at lower range of RPM and spread over a wider range of RPM

To be deleted

3.2 Emission norms BS-III / BS-IV / latest as applicable To be deleted

3.3 Engine management

Engine oil pressure, engine coolant temperature, engine speed in RPM, vehicle speed, engine% load(torque),diagnostic message (engine specific)

To be deleted

3.4 Engine operational requirements

Engine should be able to operate efficiently at ambient temperatures of approximately 0o to 50oC, humidity level from 5% to 100%, and altitude levels of up to 2000 meters, generally operating in the semi-arid zone / hilly region prevailing in the area.

To be deleted

3.5 Engine location Optional To be deleted 3.6 Transmission To be deleted

a Automatic with torque convertor. Neutral during

Purchaser to select any one transmission system. However, rear engine buses to have

To be deleted

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stops automatic or automated manual transmission system only (any bus delivered after 1st April, 2015 will mandatorily have either automatic or automated manual transmission system)

b Automated Manual To be deleted

7.3 Kneeling applicable in case of air suspension (required only for 400 mm floor height buses)

60 mm entry / exit side severally & collectively Not available for 650mm

or 900mm. To be deleted.Please refer Sl. No. 15 of

summary sheet of Addendum No. 3

12 Fuel tank Capable to enable bus operation upto 250 KM between consecutive filling

To be deleted

Fuel tank location Optional To be deleted 13 Bus characteristics

13.1 Bus dimensions (mm)

a Overall length (over body excluding bumper) ≤ 7000 Upto 9m/9.2m length to

be included.

b Overall width (sole bar / floor level-extreme points) ≤2200 Upto 2350 mm to be

included

c Overall height (unladen-at extreme point) 3300 (maximum) This should be as per

CMVR

14.8.f Kneel ramp control: (applicable in reference of clause 7.3)

Kneeling arrangement for kneeling on left side severally and combined. Kneeling up to 60 mm.

To be deleted

15.6 Safety glasses and fittings Shall be as per CMVR/ AIS 052

16.7

Illumination requirements / performance of: A. Dash board tell-tale lighting

/ control lighting B. Cabin lighting - luminous

flux of all lamps for cabin lightning

C. Passenger area lighting - luminous flux of all lamps for Passenger area lighting

As per AIS 052.

Will be as per amended AIS 052

19.1 Windows

a Type of window Sliding type window panes except AC bus As the tender is for only AC buses, the

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requirement needs to be clear.

b Minimum height of window aperture (clear vision)3 in mm

≥ 500 mm

This should be as per AIS 052

20.5

Air curtains on entry / exit gates to avoid loss / gain of heat and or cool air when doors are frequently opened for boarding / alighting of Passenger with min air flow of 1000 ± 50 m³/hr at each gate. Type of air curtains at entry exit gates their power consumption etc be accounted for while deciding engine power, etc

Required

This should be optional or deleted.

Specific Requirements for the Instant Tender Refer

App 29 of ER

Clause # in Appendix-29 Requirement Clarification required Please refer Sl. No. 15 of


7.3 Kneeling Mechanism Yes Not available for 650mm or 900mm (to be deleted)

13.1 Overall length 7000 mm-8000 mm This needs to be modified upto 9000mm/9200mm

13.3 Floor Height 400 mm. The buses should be Divyangjan friendly.

To be 650mm or 900mm. Lift mechanism can be

provided B. Commercial Parameter – Related.

Page Clause Requirement TML Comments6 1.1.3.1 v c The overall performance of the tenderer....... This should be deleted for OEM as a

bidder (single or JV/Consortium) This requirement is for evaluating the overall performance of the bidder and not an eligibility

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criteria. The bidder must not compulsorily have executed work of value more than 40% of NIT Cost. If no work is executed by the bidder of value more than 40% of NIT Cost, then the bidder is required to simply write ‘NIL’ in Appendix-19A.

7 1.1.3.2 A ii) An original Electric Bus Manufacturer (OEM) shall be a registered Bus Manufacturer with design and bus manufacturing facilities and should have supplied at least 200 Electric Buses over the last five financial years including the financial year 2017-18

The OEM shall be a registered Bus Manufacturer with design and bus manufacturing facilities in india having experience of manufacture in India and delivery of at least 500 electric/diesel/CNG buses over the last five financial years including the financial year of 2017-18. This is in line with conditions laid out in some of the previous FAME-I e-Bus tenders (Ahmedabad & Jaipur)


Addendum No. 3

7 1.1.3.2 A ii) JV/Consortium wherein one of the members is Electric Bus Manufacturer (OEM) meeting the specifications prescribed in Employer’s requirement.

Please clarify- if bidding as a consortium, can the OEM bid as a non-lead member of the consortium?

OEM can be a non-lead member in JV/Consortium

8 1.1.3.2 A ii) The Bidder can be either of the following- ii) An original Electric Bus Manufacture (OEM) meeting the specifications prescribed in Employers Requirement-Appendix-29, can participate either as a single entity or in JV/Consortium.

If OEM is bidding as part of consortium, please clarify if the Bus Operator qualifications can be met by a sub-contractor?

In case OEM is bidding as a substantial member of JV/Consortium, operational experience is not required. Bus operator can be

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engaged as a sub-contractor post award of work by such JV/Consortium.

If OEM is bidding as single bidder, please clarify if the operator can be a sub-contractor?

Yes, operator can be sub-contractor.

Also, if OEM is bidding as single bidder or part of consortium (either as lead bidder or associate bidder) will the operational experience criteria be required to be met at all?

If OEM is bidding as single bidder or part of consortium, and is a substantial member, then the operational experience criteria (Clause 1.1.3.2 B of NIT) is not required to be met by the bidder.

9 1.1.3.2 C This shall be seen from the last audited balance sheets and/or from the banking reference. Net current assets and/or documents including banking reference (as per proforma given in Appendix-23of Form of Tender), should show that the applicant has access to or has available liquid assets, lines of credit and other financial means to meet cash flow of Rs.36.12 crore for this contract, net of applicant’s commitments for other contracts.

Request to please clarify the logic of Rs. 36.12 cr as liquidity requirement.

Liquidity requirement of Rs. 36.12 Crore includes 20% cost of buses.

10 C (iv) T4- Annual Turnover: The average annual turnover of the Bidder during last 3 audited financial years should be ≥ Rs 47.09 crore.

Considering the significant cost of contract (INR 600 cr), the requirement of annual turnover should be higher than current requirement. Average annual revenue over the previous 3 years from Indian operations should be at least twice the proposed annual order value of the tender (>100cr)


31 E 4.6 Evaluation of technical proposal & other technical Please clarify, if the order award will No. Please refer clause

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data be split between the bidders? If yes, then how?

F of ITT in respect of Award of Tender.

34 F 5.1 c) The Performance Security should be valid for a period of 18 (eighteen) months beyond the date of completion of Project.

Request for Performance Security to be valid for a period of 3 months beyond the date of completion of project, as per the typically used norms.


51 Appendix 7 Deployment of Minimum Number of personnel To be deleted No change in tender conditions.

55 Appendix 10M 46

Electronic type passenger information display boards at Bus Terminals, Bus Stops, etc.

To be outside of contractor’s scope. No change in tender condition.

60 Appendix 14 Project Implementation Programme 1.Adequate time needed to ensure prototype approval and incorporation of any changes from prototypes. Given the technical scope of work, request that schedule be changed as follows- A. Fully ready prototype to be ready for approval after 180 days(6 months) after LOA B. Delivery of first lot (25%) of buses after 90 days (3 months) from prototype approval. 2. Depot set-up: Too aggressive timeline, we can complete depot infrastructure works in line with the supply of buses.


84 1.2 Procurement and installation of Battery Charging Infrastructure

Please clarify if the decision on number of chargers to be provided is left to the contractor as per his designed solution

Contractor to decide No. of chargers to be provided in such a way to ensure provision of services as per tender requirements.

84 1.2 In order to facilitate the Contractor for charging of Battery Operated buses, DMRC shall provide electricity connection at one point to the contractor and the Contractor shall be required to

Please clarify what voltage the bulk power will be provided in. Provision of power at 440 V by Authority is requested.


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tap the electricity from DMRC’s nearest Distribution Board with its own infrastructure / resources. For the purpose, if any augmentation in the existing electricity infrastructure is required in the depot, the same shall be in the scope of the Contractor.

Request authority to provide certification and approval for any augmentation of existing electrical infrastructure.

85 1.4 WEST Cluster The Bus routes have been defined at 1.1.3 above and in order to ensure the same, fleet average kilometres per bus per day would be 188 KMS. The assured kms will be 150 kms per bus per day. SOUTH Cluster The Bus routes have been defined at 1.1.3 above and in order to ensure the same, fleet average kilometres per bus per day would be 176 KMS. The assured kms will be 141 kms per bus per day.

Request for changing assured Kms to be the fleet average running of 188 kms/176kms for West and South respectively.


87 1.8.9 Since DMRC is inviting the tender for procurement, operation and maintenance of Electric buses, bidders are advised/ suggested to quote their rates considering that they will get the incentive amount from DHI under FAME India Scheme.

Please clarify if the subsidy to consider be only on Electric Bus price or the additional 10% subsidy on bus price for installation of charging infrastructure to be considered as well?

Subsidy on electric buses to be considered. It will be beneficial for the contractor if he can also avail the subsidy on charging infrastructure.

87 1.8.9.1 In the event of delay of more than 6 months in release of incentive under FAME scheme by DHI, DMRC will pay 90% of the incentive amount payable to the contractor under FAME scheme as interest free advance against acceptable Bank Guarantee from a Schedule Commercial Bank in India.

Request the authority to pay the entire 100% of the incentive amount.


Ownership of Buses

Ownership of the buses to be completely with the contractor, even in

Please refer clause 36.1 (b) of SCC.

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case FAME subsidy is being extended, as PBG against subsidy is being provided by the contractor.

87 1.8.10 Opportunity charging may be resorted by the operator at the respective depots itself subject to provision of desired services as required in the tender.

Please clarify the time duration provided for opportunity charging.

Please refer clause no. 1.8.10 of Employer’s Requirement.

107

1.1.3.2

Contract Period: 10 Years from commencement date of services (COD) as mentioned in Appendix 34 of SCC, with provision of extension by 2 years based on mutual consent.

Please clarify the terms of extension and on what conditions will the contract be extended.

Contract will be extended based on mutual consent.

115

Point 11) 4.1 t)

The Contractor shall be responsible for refurbishment of Stage Carriages in show-room condition with completion of all missing components, reconditioning of major aggregates/ assemblies/sub-assemblies, replacement of damaged body panels, replacement.....

Deletion of clause STA page 10 stating that buses should be in showroom condition for 6 years requested.


119

17 i) 4.18 Electricity, Water and Gas: SCC Page 14

Guaranteed Electricity and water connection as well as its supply 24 hrs is required. Also rates of electricity needs to be fixed for over all contract period. Or, if any deviations from initial electricity rates needs to be compensated by DMRC.


122 To be added Payment: ESCROW account required

Escrow account required, as cost of funds decreases which is in turn a benefit to DMRC.


123 28.11.6 vi) No interest will be payable on account of delay in release of payment

In case of delayed payments Authority to pay interest for the delayed payments as per RBI rates.


123-125 29 Termination Clause Termination clause is one sided, request to provide Exit clause (for both parties) by serving 90 days notice

Please refer Addendum No. 3

127 31.6 Performance deductions The overall performance deduction No change in tender

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Capped 10% of CYF (Consolidated yearly Fee), the Cap does not includes.......

(including all types) shall be capped to maximum 10% of consolidated yearly fee (CYF)

condition.

129 32.4.2 Changes in performance standards DMRC can changes performance standard.......

The performance standard shall not be changed unilaterally, it should be mutually agreed.


131 35.3 Maintenance ....... provide its vehicle towards inspection, maintenance, data loading/ uploading......

The shifts/days taken for maintenance/ inspection by third agency shall be treated as uptime for calculating fleet assured availability.


137-143 Appendix 32I & Appendix 32J

Penalties...... Request not to impose penalties from day1, stabilization period of at least 3 months required

Please refer Clause No. 31.5 of SCC.

To be added Exit Clause Exit clause should be there for successful bidder in case overall project becomes financially inviable for a bidder and is not meeting tender terms and requirements.

Please refer Addendum No. 3

186 11 Contractor Obligation: to submit relevant information sought by DMRC such as daily number of trips, time schedules of each Stage Carriage on daily basis, personnel data including biometric records or details of Drivers and other specific persons involved in operations agrees that DMRC shall have the right to control and to supervise all dealings with the press and any other media in relation to any accident, event, claim or action; and......

1.When contractor is managing fleet, there is no point sharing biometric records of its personnel. 2.Any conflict should be taken into consideration with contractor without any exclusive right to DMRC.


203 Appendix 31-3 The schedule may be reviewed after an initial period of bus operation with a view to improve service delivery and fleet utilization.

Any schedule or route change to be determined based on mutual agreement and trial runs. Also, written noticed to be issued 15 days prior to the change by the authority and acknowledge by the operator.


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212 1.4.2 Appendix 32-Engineering Quality If, DMRC considers that the operation of a vehicle provided by the Contractor could affect the safety of passengers or the general public, DMRC may instruct the Contractor not to operate that vehicle. In such circumstances the Contractor shall provide at its own expense an alternative vehicle for the performance of the Services.

Request if the alternative vehicle to be provided can be with alternative fuel.


215 1.10.1 In case the Contractor is entrusted the task of fare collection, he must ensure that-The conductor shall issue proper tickets against the fare collected, in the services operated in the Cluster. DMRC reserves the right to deploy conductors in buses in service.

Request to keep fare collection and associated monitoring of the same outside the scope of contractor


218 3.1.3 Appendix 32 - CYF (Consolidated yearly Fee) payable for a Trip- formula---------------

Idle Kms required to be added in the trips Kms


219 3.2.6 Appendix 32- Table 2 Needs to clarify that cluster mean number of 99 buses all together, or route wise buses together will form cluster. The rates applicable for check point is too high need to cut down by 50%.

Cluster means all 99 buses together.

220 3.3.1 3 Lost Kilometrage-

A Trip, which has completed more than 60% but has not completed 100% kilometers for the Trip.

1.The lost kilometrage should be limited to 90% of overall trip distance to account for any technological error. No penalties to be levied for trips completing above 90% of kilometres. 2.The 150% penalty is too high for the vehicle which have not started or run KM 0≤25% of KMs. In other words DMRC is earning 50% more than earning of vehicle itself. This need to

No change in tender conditions.

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be negotiate and penalty cap to be change accordingly.

220 3.4 Other Infraction Penalty (Detailed in Appendix 32J, page 244)

Request to consider reducing the Infraction penalties


Appendix 31 MC-710, No. of buses 7 (route length- 8.5 kms)

a)Weekdays- Total 07 no. duties shift wise, each trip duration-37 min

b)Weekends- Total 06 no. duties shift wise,each trip duration-37 min

No. of trips and KMs per bus not mentioned

Please refer Appendix-31.

262 Appendix 36 Appendix 36 The average running kms per days as per the details provided comes to ~200 kms/day/bus and ~189 kms/day/bus for West and South respectively. This is in conflict with avg. Running km of 188 kms provided for West Cluster in page 85 (clause 1.4) and 176 kms provided for South Cluster.


262 Appendix 36 All 99 buses required on weekdays. Request authority to accept 95% availability on weekdays.


- BOQ6 Annexure-A

Vehicle price not mentioned in BOQ file Then how subsidy will be decided on buses

Refer clause no. 1.8.9 to 1.8.9.4 of ER.

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S/N Section Clause no. Content of Tender Document regarding Clarification

Points of clarification required

DMRC Remarks

1. NIT a Approximate Cost of work: Rs.569.90 Crores (Inclusive of 18% GST)

We understand, this contract constituting gross Cost contract/leasing model for a span of 10 years. Please indicate that what are the constituents/items covered under project cost. We also understand under chapter 87 GST ,the GST rate of electrically operated vehicle shall be 12%v .please Clarify as EMD and other related tender items are interlinked.

Please refer clause 23 of SCC

2. NIT b Amount of Tender Security:- Rs.5.69 Crores Validity of Tender Security in case of BG/ FDR: .2018 Tender Security in case of BG, FDR, Demand Draft, Banker’s Cheque (in original) as per clause C18 of ITT shall be accepted

BHEL being a maharatna CPSU under Ministry of Heavy Industries and Public Enterprise, requirement of EMD may please be waived off.


3. NIT 1.1.3.1 v)c) The overall performance of the tenderer (all members

Tender condition qualifies or included

This requirement is for evaluating the overall

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in case of JV/Consortium separately) shall be examined for all the ongoing Bus Services OR Stage Carriage/Contract Carriage Services of value more than 40% of NIT Cost and also for all the completed Bus Services OR Stage Carriage/Contract Carriage Services works awarded by DMRC/ any other Metro Organisation (100% owned by Govt.)/ any govt. Department/ or any PSUs of value more than 40% of NIT Cost within last one year (from the last day of the previous month of tender submission), executed either individually or in a JV/Consortium

towards the operator(s) who have executed/under execution of BUS service for project cost more that Rs. 228 Cr within last one year which is very high and many limited to specific operator (s) and many dilute the competition. Further it will restrict many new entrants in E- mobility market, would request DMRC to kindly delete this clause.

performance of the bidder and not an eligibility criteria. The bidder must not compulsorily have executed work of value more than 40% of NIT Cost. If no work is executed by the bidder of value more than 40% of NIT Cost, then the bidder is required to simply write ‘NIL’ in Appendix-19A..

4. NIT 1.1.3.1 v)d) Bidder (including each member in case of JV/Consortium)for the works awarded by DMRC/any other Metro Organisation (100% owned by Govt.)/ any govt. Department/ or any PSUs must have been neither penalized with liquidated damages of 10% (or more) of the Contract

Request for clause may be modified as under ….. must have been neither penalized with liquidated damages of 10%(or more)of the contract value in E-mobility products/systems due to any other reason in any related work of value


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Value due to delay nor imposed with penalty of 10% (or more) of the contract value due to any other reason in any related works of value more than 10% of NIT cost of work during last three years

more than 10% of NIT cost of work during last three years.

5. NIT 1.1.3.2 A) MINIMUM ELIGIBILITY CRITERIA BIDDER’S COMPOSITION ….. be a registered Bus manufacturer with design and bus manufacturing facilities and should have supplied at least 200 Electric buses over the last five financial years including the financial year 2017-18…

We are unable to comprehend that for requirement of 99 nos. of E-buses, qualification for supply of 200 nos E-buses in last five years being asked in the bid document that too design and technology of E-buses has not been established in the Indian conditions. Clause may be appropriately modified as An OEM shall have capability of designing & manufacturing of E buses and related technological products viz motor, controller etc are in successful services as current date.


6 NIT

iv) Financial Standing Average Annual Turnover :>Rs.45.59 Crores

Average Annual Turnover :> Rs.45.59 Crores is the too less for quantum of works of Rs. 569.9 Crores. Kindly modify at least


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80-90 % of project cost.

7 ITT C2.4 In case the waiver becomes effective, the Contractor will be advised on the process to be followed to obtain the refund from the concerned authority. The Contractor shall arrange for the remit of the refund to the Employer.

Agreed, However DMRC shall extend full support and provide the documentary support ( if any) to get waiver for such taxes & levies.

Yes. DMRC will extend all possible assistance.

8 ITT C2.6(b) Changes in taxes/Duty Contract price shall be quoted exclusive of GST. However statutory variation and Taxes/duties/levies or imposition of new taxes and duties shall be in DMRC account.


9 ITT E4.5 Evaluation of qualifying conditions

qualifying conditions shall be as per clause no. 1.1.3.2 of NIT


10 FOT Appendix-14 Project Milestone No. 1 Financial Closure

Please elaborate the meaning of financial closure. We understand that complete ownership of project lies with the contractor till contract period of 10 years. This milestone is not

Please refer clause no.34.4 of SCC.

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meaningful here. 11

Employer’s Requirements

1.1.1 The Contractor shall be required to procure 99 AC BATTERY OPERATED BUSES (7-8 Meters, 16-22 seater).

As per Appendix -29n, the seats is indicated as 13-22 including one for wheel chair. Please clarify the exact no of seats and length of Bus. Considering length and no. of seats have cost implications, the same may be tried to be mentioned precisely to ensure fair pricing by all bidder.


12 Employer’s Requirements

1.1.1 The buses shall be equipped with GPS and CCTV with arrangements for monitoring on day to day basis on real time.

Clarity on in whose scope are GPS units & CCTV equipment as same are appearing in DMRC’s scope at clause 1.2.19 pg. 115 of SCC appendix -32.

GPS & CCTV to be installed by contractor.


1.1.1 Use of Intelligent Transport Systems (ITS) shall be prioritized by the DMRC

ITS in whose scope may be clarified as same have cost implications. Weather provision of any extra marks in technical evaluation for the bidder.

ITS equipment like GPS,CCTV will be typically in the scope of contractor. However, smart card validators or any other fare collection system shall be provided by DMRC.


1.1.1 … shall be installed in such a manner that the Driver of the bus can control / ensure revenue collection from his position without any

DMRC to ensure availability of conductor at all time, so as there’s no revenue loss on account of fare collection by driver. Fare collection

There will be no conductors in the buses. Moreover, smart card validator or any other fare collection system shall

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revenue leakage. It shall be responsibility of the Contractor’s personnel (Driver / Supervisor) in absence of conductor.

responsibility to be removed from contractor.

be installed in such a manner that the Driver of the bus can control / ensure revenue collection from his position without any revenue leakage


1.1.3 OPERATION OF BUSES The battery operated buses shall be deputed to run on the routes as per the details given in Appendix-30 to the Employer’s Requirement. It may be noted that these routes are tentative and DMRC may revise the same at its sole discretion

It may be noted that battery sizing and no of charging stations at depot to be finalized based on route length, trip timing, route condition etc. Any change on these identified criteria at a later date shall impact on battery sizing and charging frequency/no. of chargers etc and attract finical implication. Please confirm whether bidder to be compensated based on above factors during contract stage.

In case the routes are revised ,the contractor has to operate on the revised routes and no compensation of whatsoever nature will be made to the contractor on this account. Moreover payments will be made for actual operated KMs.


1.2 DMRC will provide basic civil infrastructure like flooring, boundary wall, check post, electricity and water connection at one point in depot at Nangloi, Punjabi bagh and shadipur. Contractor has to construct the required necessary depot

Please clarify the supply of electricity and water on chargeable basis. if yes please indicate the charges clearly to make all bidder at par. further please also indicate voltage level and terminal point of 3 phase electricity y supply.

Contractor shall be responsible for making his own arrangements at his own cost to obtain supply of water, electricity or gas for the works. The employer where feasible may at its discretion assist the

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Infrastructure facilities like administration Block, maintenance shed, store rooms and workshop etc. For parking and maintenance of buses as per the layout plan enclosed at Appendix 35 of SCC. In addition to it, 3 rooms (each of at least 20 sqm. Area) 1 each for unit incharge,control room, ticket/cash/schedules section,2 washrooms9 one each for ladies and gents) shall be constructed by the contractor . The above work is indicative and may vary as per actual site condition during execution or due to administrative reasons. No extra claim whatsoever is permitted on this account.

Terminal point of water supply also to be defined. Please provide us the GA drawing/layouts. BOM etc for all building/rooms/washing station/workshop/maintenance shed/store/auto bus washing and cleaning plant to make correct estimation of work.

contractor in this respect.


1.4 The assured Kms will be 141 kms per bus per day

We understand “assured kms” means “assured billing kms per bus per day” please confirm.

Payment will be made on actual operated Kms. However if the shortfall (scheduled Kms-operated Kms) in operated Kms is on account of reasons which are beyond the control of contractor like riots, strike, VIP

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movement, extreme traffic congestion etc as certify by authorized DMRC official of rank AM/Manager or above, payment will also be made for 80% of the shortfall in Kms.


FARE COLLECTION SYSTEM

DMRC to ensure availability of conductor at all time. so as there’s no revenue loss on account of fare collection by driver. Fare collection responsibility to be removed from contractor scope.

There will be no conductors in the buses. Moreover, smart card validator or any other fare collection system shall be installed in such a manner that the Driver of the bus can control / ensure revenue collection from his position without any revenue leakage


1.8.3 The Contractor shall ensure that the Battery Operated Buses shall have at all times a valid fitness certificate as per the applicable guidelines. The entire cost of obtaining related certification shall be borne by the Contractor.

Please elaborate the requirement fitness certificates throughout contract period. We would request you to kindly delete this clause as contractor already extending warranty & maintenance throughout the contract period.

Valid fitness certificate is mandatory for operation of contract carriage services. Hence no change in tender condition.


1.8.8 Vehicle Manufacturer shall ensure that all the alterations, changes or modifications in the

Specification to be frozen before bidding process, However, in case of any charges,


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specifications, if necessary, as mentioned above shall be carried out in the buses built by them as per their advice without attributing any additional cost.

financial implications to be borne by DMRC.


1.8.9.1 &1.8.9.3 . In the event of delay of more than 6 months in release of incentive under FAME scheme by DHI, DMRC will pay 90% of the incentive amount payable to the contractor under FAME scheme as interest free advance against acceptable Bank Guarantee from a Schedule Commercial Bank in India. The value of Bank Guarantee shall be 110% of such advance paid to the Contractor. In the event of withdrawal of FAME scheme by Ministry of Heavy Industries and Public Enterprises due to any reason or Contractor not being entitled due to specific provision in the FAME scheme, the incentive amount as applicable as on date of tender submission shall be paid by DMRC to the

We understand that price to be quoted considering the FAME subsidy. DMRC is liable to pay subsidy amount if same shall not be available during the execution of contract. Additional bank guarantee against subsidy may not be insisted upon as bidding price may increase due to financial loading.


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contractor (which will be non-refundable) against an acceptable Bank Guarantee from a scheduled commercial bank in India. The value of Bank Guarantee shall be 110% of incentive amount paid to the Contractor with validity of 5 years. On expiry of 5 years


1.8.9.3 The value of Bank Guarantee shall be 110% of incentive amount paid to the Contractor with validity of 5 years. On expiry of 5 years, this BG can be replaced by a BG of 50% of incentive amount having validity till the end of completion period.

110.% may be replaced with 100%.



Appendix 29 General specs: UBS -ii UBS-ii specification is more inclined towards the IC engine vehicles. AIS 052 specifications may please be insisted in the bid.



Appendix 29 General specs: UBS –ii Bus dimension(mm) a. Overall length (over body excluding bumper)<=7000mm

As per clause no. 1.1.1 of Employer’s requirement … the contractor shall be required to procure 99 AC BATTERY OPERATED BUSES(7-8 Meters,16-22 seater)

25 SCC 7c. It will not include buses May be replaced with it No change in tender

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under police custody if exceeds more than 2% of fleet.

will not include buses under police custody.

condition.

26 SCC 9(j) undertake changes in Specifications for altering, deleting, modifying Specifications and thereupon direct the Contractor to implement the same

Agreed however, subject to the financial implication borne by DMRC.

The financial implication is to be borne by contractor.

27 SCC 9(m) Recommend changes in TT based on traffic conditions, route rationalization, demand etc

It may be noted that battery sizing and no of charging station at depot to be finalized based on route length,trip timing, route condition etc. any change on these identified criteria at a later date shall impact on battery sizing and charging frequency/no. of chargers etc and attract financial implication. please confirm whether bidder to be compensated based on above factore during contract stage.

In case the routes are revised ,the contractor has to operate on the revised routes and no compensation of whatsoever nature will be made to the contractor on this account.

28 SCC 9(p) Shall bear costs associated towards operation, monitoring and management of contract.

Please clarify, at what extent DMRC shall bear operation cost.

The cost pertaining to activities under DMRC’s scope will be borne by DMRC.

29 SCC 11.o to operate Trips based on revisions made in TT

It may be noted that battery sizing and no of charging station at depot to be finalized based on route length, trip timing, route

In case the routes are revised ,the contractor has to operate on the revised routes and no compensation of

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condition etc. any change on these identified criteria at a later date shall impact on battery sizing and charging frequency/no. of chargers etc and attract financial implication. Please confirm whether bidder to be compensated based on above factor during contract stage.

whatsoever nature will be made to the contractor on this account. Moreover please refer the Appendix-33of SCC.

30 SCC 11.t The Contractor shall be responsible for refurbishment of Stage Carriages in show-room condition with completion of all missing components, reconditioning of major aggregates/assemblies/sub-assemblies, replacement of damaged body panels, replacement of cushions of passenger seats etc. after completion of five years from date of registration of each Stage Carriage

Word showroom condition may please be deleted.


31 SCC 11.hh agrees to make payments set out in this Agreement for a delay in achieving the various milestones as specified in Clause 33of SCC;

Imposition of LD against milestone is not acceptable. This clause may please be deleted.


32 SCC 11.yy replace or reimburse all Not acceptable. DMRC and No change in tender

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costs associated with replacement / repair of On-board Equipment, where such damage/lost/theft is due to negligence of the Contractor and where such equipment are replaced by DMRC/ its agencies, the Contractor shall pay at 1.25 times the cost for replacement/repair.

its agency to take care of safety on on-board equipments through conductor etc.

condition since buses will be conductorless.

33 SCC 15 Compensation for breach: Any breach of aforesaid sub clause from 4.5 and4.6 of GCC shall entitle the employer to rescind the contract in accordance with the contract conditions and also render the contractor liable for loss or damage arising due to such cancellations

This clause may be deleted No change in tender condition.

34 SCC 17 Protection of Environment: In addition to GCC clause 4.17, The Contractor shall maintain ecological balance by preventing deforestation, water pollution and defacing of natural landscape. The

Construction of depots & charging infrastructure shall be as per DMRC plan in an area earmarked for the same, hence, any allied activities related to same and any destruction/penalties on account of same shall be DMRC’s responsibility.


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Contractor shall, so conduct his cleaning operations, as to prevent any avoidable destruction, scarring or defacing of natural surroundings in the vicinity of work. In respect of ecological balance, the Contractor shall observe the following instructions (a) Where destruction, scarring, damage or defacing may occur as a result of operations relating to construction and maintenance activities, the same shall be repaired, replanted or otherwise corrected at Contractor’s expense. All work areas shall be smoothened and graded in a manner to confirm to natural appearance of the landscape as directed by the Engineer.(b) All trees and shrubbery, which are not specifically required to be cleared or removed for cleaning purposes, shall be preserved and shall be protected from any damage that may be

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caused by Contractor’s cleaning operations and equipment. The removal of trees or shrubs will be permitted only after prior approval by the Engineer. Trees shall not be used for anchorage. The Contractor shall be responsible for injuries to trees and shrubs caused by his operations. The term “injury” shall include, without limitation, bruising, scarring, tearing and breaking of roots, trunks or branches. All injured trees and shrubs shall be restored as nearly as practicable, without delay, to their original condition at Contractor’s expenses

35 SCC 19 Security of the Site The Contractor shall take all measures necessary to ensure such security, including exercising control over all persons and vehicles which are employed or engaged on the Site or

Depots/site premises is also having properties and ownership of DMRC. Security of site and depot may be ensured by DMRC.


36 SCC 21 Contractors are required to have tie-up with well-equipped reputed

To be on DMRC account No change in tender condition.

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hospitals having facilities of MRI, CT Scan, Ultrasound, Blood Bank, specialist Doctors like neurosurgeon, orthopedic as mandatory requirement and fire station located in the neighborhood for attending to the casualties promptly and emergency vehicle kept on standby duty during the working hours for the purpose.

37 SCC 24.1 DMRC is entitled to have the CYF amended so as to reduce it by an amount by which the Contractor’s costs of providing the services ought reasonably to be reduced.

Not acceptable .this is to be mutually discussed and settled during execution of contract.


38 SCC 25 Advance shall be upto10% of the Cost of Buses (net cost after adjusting subsidy, if any) payable to the Original Electric Bus Manufacturer on submission of the Original Invoice by the Contractor. The advance shall be

This clause may be modified as under: Advance amount to be paid to the contractor/lead bidder (in case of consortium )subject to the submission of bank guarantee equivalent to the advance paid


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paid interest free against acceptable Bank Guarantee from a Schedule Commercial bank in India. The value of Bank Guarantee towards security of advance shall be 110% of advance to be paid to the manufacturer.

39 SCC 28 vi.) No interest will be payable on account of delay in release of payment.

In case of delay in the payment, an interest charge to be paid based SBI.


40 SCC 29 Termination of contract Termination clause is very stringent and not acceptable. This may be relooked and modified after reviewing the LD and penalty conditions.


41 SCC 31.5 Performance Adjustment, excluding on account of Accidents as set out in Appendix-32of SCC, shall not be applied for the initial three months from the commencement of each Route. Based on feedback during this period, TT and Performance Adjustments may be revised at the sole

It may be noted that battery sizing and no of charging station at depot to be finalized based on route length, trip timing, route condition etc. any change on these identified criteria at a later date shall impact on battery sizing and charging frequency/no. of chargers etc and attract financial implication. Please confirm whether bidder to be compensated based on above factor during contract

In case the routes are revised ,the contractor has to operate on the revised routes and no compensation of whatsoever nature will be made to the contractor on this account. Moreover please refer the Appendix-33of SCC.

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discretion of DMRC. stage. 42 SCC 31.6 The performance

deductions for not meeting the service level obligations are capped at 10% of CYF

Would request 10% to be modifies as 5%


43 SCC 32.3.1 In the event that the Contractor fails to meet the Performance Standards due to which Performance Adjustment exceeds 25% of the CYF for any two consecutive months or 15% of the CYF in any four months immediately preceding twelve months period, DMRC may issue a notice to that effect specifying the breach and direct the Contractor to cure the breach.

This clause may please be deleted.


44 SCC 33.5 For any delay in achieving the Project Milestones date/s, the Contractor shall pay to the DMRC, compensation (hereinafter referred as “Liquidated Damages”) to be calculated in the following manner for:

Stage/milestone LD is not acceptable. LD for delay shall be 0.25% per week subject maximum limited of 5% of contract price.


45 SCC 34.2 The Contractor shall, upon the execution of any loan/ debt financing agreement in relation to

Loan/financial agreement shall not be shared. However contractor may convey the financial closure


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the financing of the Project and no later than 15 days thereof, submit to DMRC one set each of such debt financing documents along with a summary sheet containing the key terms thereof

of project.

46 SCC 3.3,Appendix 31

Special schedules Agree, however, penalty as per clause 31.6 of SCC may be waived off/adjusted according as in all such cases performance is dependent on average run of battery and availability of charging infrastructure.


47 SCC 1.2.20 “Operational Control Centre” means a communication, analysis and operational control hub established and maintained by the DMRC to control, manage and monitor the bus operation. The OCC will access data through AVLS, AFCS, Contractor reports, field data inputs etc., and will provide MIS reports for operational and managerial purposes.

Clarity on deployment of any manpower to OCC by contract may please be given.

Deployment of contractor’s manpower, if any, at OCC may be notified during the course of execution of contarct as per requirement.

48 SCC Table 1,Appendix 32

Online time performance On time performance benchmark of 88-92% as


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stipulated seems to be for IC engine vehicle and same are on higher side for electric vehicle as technology and product are yet to be tested and verified to set any benchmark as per Indian metro city transport conditions. May consider relaxing it.

49 SCC Table 2,Appendix 32

Deductions for not achieving on time performance benchmark.

As per our understanding, checkpoints refer to point of start of trips only. Please confirm.

Please refer 3.2.3 of SCC Appendix-32.

50 SCC 3.3.1.1 150% of the CYF (including payment towards Capital, Consumables and Manpower/ Overhead Charges) payable for the Trip, in terms of Clause 3.1.3 of this Appendix, will be applied as performance deductions for the Trip

Deduction of 150% may be replaced with 75%-100% of the CYF based on length of the trip completed revenue generated.


51 SCC 3.3.1.2 100% of the CYF (including payment towards Capital, Consumables and Manpower/ Overhead Charges) payable for the Trip, in terms of Clause 3.1.3 of this Appendix of SCC, will be applied as performance deductions

Deduction of 100% may be replaced with 40%-75% of the CYF based on length of the trip completed/revenue generated.


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for the Trip.

52 SCC 3.3.1.3 50% of the CYF (including payment towards Capital, Consumables and Manpower/ Overhead Charges) payable for the Trip, in terms of Clause 3.1.3 of this Appendix of SCC, will be applied as performance deductions for the Trip

Deduction of 50% may be replaced with 0%-40% of the CYF based on length of the trip completed/revenue generated.


53 SCC Appendix 32G Ticketing and Ticketing Equipment

This Appendix may be removed from the scope of contractor as providing of conductor is in the Scope of DMRC.

The buses will be conductorless.

54 SCC Appendix 34 clause 4

The cost of entire inspections visits of all buses including prototype carried out by the DMRC will be borne by the contractor

Replace with “will be borne by DMRC’ clause 4 of Appendix 34 is contrary to clause 7.9 of GCC at page 35 which clearly defines scope and should prevail.

The cost of entire inspections visits of all buses including prototype carried out by the DMRC will be borne by the contractor.

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S/N Reference Query/Clarification sought DMRC Remark

1. Append 17 {Form at for Experience of the Bidder) Project Experience of the Bidder ' s Associates Company (who is not a member of the Consortium) will not be considered for computation of the total experience. & Appendix 18 {Financial Data )

SI. No. 4: All such documents reflect the financial data of the applicant or member in ca se of JV, and not sister or Parent Company

The experience of associate companies may be allowed for meeting the Operational and Financial qualifications.

"Associate" shall mean, in relation to the Bidder, a firm which ,controls the Bidder (i.e. parent) or is controlled by the Bidder (i.e. subsidiary) or is under the common control with the Bidder (i.e. sister concern). The Associate may or may not be the part of the Consort ium.

The above will ensure large participation, specially participation of large Foreign MNC through their Wholly Owned Subsi diari es (WOS) in India.

Request: Wholly Owned Subsidiary of a Foreign Entity is to be allowed to utilize the credentials of its Associate Company (both for technical and financial qualifica t ion). Associate's participation in the consortium should not be made mandatory. (this is line with various bids undertaken by Government viz. Delhi Cluster bid - reference provision provided below) The Bidder should provide the Financial Capability based on its m.vn financial statements. Financial Capability of the Bidder's parent company or its subsidiary or any as update company will be considered for computation of


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the Financial Capability of the Bidder where the Bidder holds at least 51% of the common equity of subsidiary company as on October 31, 2017 or Parent Company (i.e. the Parent Company should hold at least 51% of the common equity of the Bidder as on October 31, 2017).

2. Professional Indemnity Insurance {Article 15.2 of General Condition of Contract}

The provision requires professional indemnity insurance for design of the Works to be carried out on or behalf of the Contractor. Further, the insurance be valid for period of 5 years after the issue of Performance Certificate.

Request: The provision is not applicable for the contract under discussion. Provision may be deleted

Please Refer Clause 30 of SCC

3. Insurance for Works and Contractor's equipment The provision needs to be redrafted to fit to the contract under discussion. It seems the GCC is for Metro construction work

Please Refer Clause 30 of SCC

4. Insurance during deployment (Article 1.7; Employer's Requirement}

This provision covers all the Insurance related requirements;

Request: in view of the availability of this provision which is sufficient to cover the risks of employer and the operator, all other provisions as appearing in the Bid Document related to Insurance may be delated.


5. INSTRUCTIONS TO BIDDERS (ITT) A4 -The Bidder shall submit a duly notarized written Power of Attorney authorising the signatory (ies) of the Tender to commit the bidder along with Board Resolution confirming authority on the

A Board Resolution may be accepted as a proof of delegation of power/ authority. Power of Attorney involving a foreign Directors is a lengthy process


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persons issuing the Power of Attorney for such actions. In case of partnership, consortium or joint venture, authorized Power of Attorney(s) and Board Resolution(s) for each member of the Partnership, Consortium or Joint Venture shall be submitted. In case of Foreign Partners, Power of Attorney(s) and Board Resolution confirming authority on t e persons issuing the Power of Attorney for such actions shall be submitted duly notarized by the notary public of country of origin and should be either stamped by Embassy/ High Commission or Member Countries of Hague convention may submit these document with "Apostille" stamp. Also in case the documents are in foreign language the translation of the same shall be authenticated by Embassy/ High Commission.

6. Article 1.8.9: Incentive amount from DHI under FAME India Scheme In the event, the Contractor is not eligible for the incentive scheme due to specific provisions of the scheme, then DMRC will provide the incentive as applicable as on the date of submission of the tender against Bank Guarantee (of 110%) of the incentive amount.

(a) Can DMRC confirm whether the Scheme is applicable to the current contract (O&M contract)

(b) A letter of confirmation from DHI will immensely help

In case, DMRC funds the incentive, the cost of BG is also to be funded by DMRC. Arranging a BG (110% of the incentive amount) is costly for the operator.

(a), (b) & (c) : Please refer clause No. 1.8.9-1.8.9.4 of ER.

7. Article 35.2, Special Conditions of Contract {Page 26} Contractor's use: the Contractor shall ensure

(c) The Contractor can undertake the activity on a best effort basis. The Contractor cannot undertake to ensure that all passengers use the FCS. Since revenue collection/ risk is entirely of

No change in Tender Conditions

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that all passengers use the FCS in terms of the guidelines provided for cooperation between Contractor and DMRC or its agent.

DMRC, Contractor cannot be held responsible in any way regarding the process of collection of revenue.

8. Article 35.3: Maintenance "further necessary staff of DMRC, FCS Agent and their representative such as ticket collector, ticket checker, conductor or such persons shall be carried on board, at no extra cost. The contractor shall also provide full cooperation......

The contractors and their employees will not be held eligible for facility of free travel on the buses and they will have to abide by the rules as are applicable to the other members of the travelling public

The contractors and its employees may travel in the facility free of cost to discharge the obligations of the contractor as per the agreement.


9. Conciliation and Arbitration proceedings (Article 17.6,17.7, 17.9 of GCC - page no. 64 & 65}) DMRC to maintain the panel of conciliators; for disputes below Rs 5 Million, single arbitrator (from the panel of arbitrators) will deal the matter; for matters above Rs 5 million 3 Arbitrators (from the panel; one to be chosen by DMRC, 1 by Contractor and both the Arbitrator to select the 3rd one).

For transparency and good governance, it is suggested that the dispute resolution be undertaken with each party nominating their Arbitrator and the third arbitrator by the two elected arbitrators. This mechanism at-least be followed for dispute above Rs 5 million


10. Page 229 / 3.5.2. Major or fatal Accident Situations Should pass skill test from IDTR or any other institute prescribed by DMRC.

Can 'any other institute' mentioned in clause 3.5.2{a) include an in- house facility and program for driver competency development of a global standard of contractor?

The institute may be either IDTR or any other institute prescribed by DMRC at a later stage.

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11. Page 229 / 3.5.2. Major or Fatal Accident Situations

In addition to the above measures, DMRC shall impose .cash penalty of Rs. 1,00,000 ( Rupees One Lakh) per fatality, in case of an accident involving a fatality. This penalty ,amount shall be adjusted for CPI-IW bi- annually. This financial penalty will be without

Prejudice to any other legal action against the Contractor t ken by a court of law.

1. What is the base rate for CPI IW considered for INR 1,000lakh penalty, will the change in CPI-IW change the penalty amount prescribed. Whether this penalty be adjusted at the time of change in rate due to change in CPI-IW.

Base Rate of CPI-IW will be the rate prevailing at the time of award of tender.

2. What is the mechanism established for justifying the accident as preventable or non - preventable? In case of preventable and non- blameworthy data accident how will the liability be arrived at?

Tender conditions are self explanatory.

3. Will the amount of penalty be in addition to Insurance claim?

Yes

SN Section Page No

Clause No.

Content of Tender Document regarding clarification

Points of clarification required DMRC Comments

1 NIT 7 1.1.3.2 A i)

Operator having authorization from Original ElectricBus Manufacturer meeting the specifications prescribed in Employer’s Requirement - Appendix-29 can participate with undertaking as per prescribed format given in Form of Tender - Appendix-10A either as a single entity in JV/Consortium.Requirement of operational experience for operator is defined in clause 1.1.3.2 B.

As such the operator being solely qualified to bid with experience of operation of 446 PCU years during last three years with an undertaking from OEM to be furnished as per Appendix-10A. In this case, we understand that qualification of OEM for supply of 200 Electric Buses over last five financial years is not applicable. Please clarify. We would request you to kindly consider the qualification for bidding through this route to be restricted up to operational experience of bidder only.


2 Employer’s Requirement

2 1.1.1 .....the Contractor shall be required to procure 99 AC

BATTERY OPERATED BUSES (7-8 Meters, 16-22 seater)....

As per Appendix-30 of Employer’s requirement, the route length varies from 2.19-8.5 kms with majority routes are in loops. The mentioned routes are having many sharp turns and high traffic congestion during the peak hours. It is suggested to revise the length of bus Mini 5.5-7 meter category for smooth fleet operation.



20 Appendix- 29 of ER

Sl. No. 9, clause no. 13.3 of specification.

Floor Height: 400 mm. The buses should be Divyangjan

Friendly.

It is submitted that the mini buses shall not have low floor below 400 mm. Restriction to floor height may please be removed.



3 1.2 DMRC will provide basic civil infrastructure like flooring,

Further please also indicate voltage level and terminal point of 3 phase


boundary wall and check post, electricity and water connection at one point in depot at Nangloi, Punjabi Bagh and Shadipur. Contractor has to construct the required necessary depot infrastructure facilities like administration block, Maintenance shed, Store rooms and workshop etc. for parking and maintenance of buses as per the layout plan enclosed at Appendix-35 of SCC. In addition to it, 3 rooms( each of at least 20 sqm. Area)1 each for unit incharge,control room, ticket/cash/schedule section,2 washrooms( one each for ladies and gents) shall be constructed by the contractor. The above work is indicative and may vary as per actual site condition during execution or due to administrative reasons. No extra claim whatsoever is permitted on this account.

electricity supply. To ensure washing of 99 nos of electric buses, terminal point of water supply also to be defined for estimation. Bidder cannot assess the quantum of work involved for ensuring supply of 413 V electricity for charging station at this point of time. DISCOM to be involved for survey and correct estimation of augmentation. Further it is suggested that electricity supply and augmentation (if any) shall be provided with DMRC on chargeable basis. DMRC may deduct the amount from the contractor monthly bill. Please provide us the GA drawings/layouts/ Size/BOM etc for all building/rooms/washing station/workshop/maintenance shed/store/ auto bus washing and cleaning plant to make correct estimation of work.

Addendum No. 3

5 NIT 4 b Amount of Tender Security:-Rs.5.88Crores Validity of Tender Security in case of BG/ FDR: 19.03.2019

As per NIT, tender security in terms of EMD BG to be submitted by bidder (Sole bidder or JV or consortium). As consortium is not a legal entity hence EMD BG cannot submitted by the consortium. Kindly clarify whether lead


Tender Security in case of BG, FDR, Demand Draft, Banker’s Cheque (in original) as per clause C18 of ITT shall be accepted.

bidder or any member can submit the BG with complete value. Further please also clarify whether multiple EMD BG can be submitted by consortium members based on percentage participation totalling to full EMD amount.

6 Price Bid/ BOQ

2 Capital Charges

Capital Charges of bus to be filled by Bidder.

As per the tender clause no. 1.8.9, page 6 of Employer’s requirement, we understand that bidder has to submit their prices considering FAME subsidy as per DHI notification dated 12.09.2017 and have to declare the capital charges of bus in the price bid. We would like to stress up on the situation as arise out in the recently concluded FAME tenders issued by various State Transportation Authority (STU), as the overall contract in Gross Cost Contract model and evaluated based lowest price on per km basis for supply/ procurement, operation and maintenance of Electric buses similar to the DMRC tender. To avail maximum FAME subsidy benefit, bidder has declared the exorbitant high amount of capital charges of buses which has no linkage to the financial calculation to arrive at the bidding price and further evaluation. To avoid such situation and make all bidders at par during the evaluation.


Kindly suggest the benchmark price to avail FAME subsidy by the bidder.


20 -

Not specified in the tender 1. What should be the maximum weight of the bus?

2. No. of doors to be provided? One door (front)/2 doors (front and middle)

3. Driving cycle diagram for any one route contains large fluctuations shall be provided?

4. Battery type and capacity not mentioned. Can we use any type and any capacity based on the purpose?

5. Motor type and specifications are not specified.

6. Battery cooling system shall be provided at least during summer. What type of cooling system required?

7. Expected charging time for battery. 8. Type of charging AC or DC. 9. Battery location or is it depending on

the supplier. 10. What should be the expected rated

torque of the motor? 11. Chassis type: Monocoque or heavy

duty ladder type 12. Front and rear side destination

indicator? 13. Air-conditioner capacity? 14. Rear view camera for monitoring

while reversing the bus. 15. On board charger?

1. As per CMVR/AIS-052 or UBS as applicable.

2. Please refer Appendix-29 of ER

3. Please refer timetables in Appendix-31 of ER.

4. The contractor shall be responsible for provision of services as per the tender document. However, Battery shall be Li-Ion iron/NMC batteries asper AIS 048. Cells selected to withstand all electrical safety test including nailpenetration as per AIS 048. Suitable cooling system to be provided.

5. Electric motor with reductiongear box. Themotor shall be ACsynchronousBrushless Motor ORAny othercompatibletechnology can beused which can meet vehicleperformance.

6. Please refer point 4 above.

7. ,8 The contractor must be able to provide services as per tender requirements.

9. Upto manufacturer to decide.

10. Motor torque should be suitable to enable provision of services as per tender requirements.

11. Can be either. 12. Will be as per UBS-ii

specifications in this regard, if any.

13. Air conditioning standards shall be as per UBS-ii specifications. The AC system shall be such that it maintains effective cooling inside buses throughout the days operations.


18 19.3 Life cycle requirement of bus mentioned 12 years or 10,00,000

kms (whichever is earlier)

We propose Life cycle of battery for 3,50,000kms or 5 years whichever is

earlier. Please confirm.

No change in Tender Conditions

Sl. No

Document Reference (Page No.)

Page No. Clause No. Description in RFP Clarification Sought DMRC Remarks

1 NIT Page 6 1.1.3.1 ELIGIBLE APPLICANT

v) c) The overall performance of the tenderer (all members in case of JV/Consortium separately) shall be examined for all the ongoing Bus Services OR Stage Carriage/Contract Carriage Services of value more than 40% of NIT Cost and also for all the completed Bus Services OR Stage Carriage/Contract Carriage Services works awarded by DMRC/ any other Metro Organization (100% owned by Govt.)/ any govt. Department/ or any PSUs of value more than 40% of NIT Cost within last one year (from the last day of the previous month of tender submission), executed either individually or in a JV/Consortium. of form of Tender.

As per our understanding that NIT Cost states is the approximate cost of work mentioned in NIT. According to that,40 % of NIT Cost of work per year, which would be greater than the required turnover by the company to bid.

This requirement is for evaluating the overall performance of the bidder and not an eligibility criteria. The bidder must not compulsorily have executed work of value more than 40% of NIT Cost. If no work is executed by the bidder of value more than 40% of NIT Cost, then the bidder is required to simply write ‘NIL’ in Appendix-19A..

2 NIT Page 7

1.1.3.2 MINIMUM ELIGIBILITY CRITERIA

A. BIDDER’S COMPOSITION The Bidder can be either of the following i) Operator having authorization from Original Electric Bus Manufacturer*meeting the specifications prescribed in Employer’s Requirement - Appendix-29 can participate with undertaking as per prescribed format given in Form of Tender - Appendix-10A either as a single entity or in JV/Consortium. Requirement of operational experience for operator is defined below in clause Or, ii) An original Electric Bus Manufacturer* meeting the specifications prescribed in Employers Requirement-Appendix-29, can participate either as a single entity or in JV/Consortium. *An Original Electric Bus Manufacturer shall be a registered Bus Manufacturer with design and bus manufacturing facilities and should have supplied at least 200 Electric buses over the last five financial years including the financial year 2017-18.

We understand that DIMTS is operating bus directly or through concessionaire agreement(Integrated Mechanism*) and Integrated Bus Transport Manager** *DIMTS, a joint venture of GNCTD and IDFC Foundation, has been duly appointed and authorized by GNCTD to act as integrated mechanism for project preparation work, management of bid process for selection of suitable operators and management of Concession Agreement(s). In this regard we also want to stress that DIMTS being a business entity managing stage carriage services in Delhi, Nagpur and would comply to the mentioned clause.


3 NIT Page 6,

1.1.3 QUALIFICATION CRITERIA 1.1.3.1 ELIGIBLE APPLICANT, vii) LEAD MEMBER/NON SUBSTANTIAL MEMBER/ CHANGE IN JV/CONSORTIUM, Point B

Member having less than 26% participation will be termed as non-substantial member and will not be considered for evaluation which means that their financial soundness and work experience shall not be considered for evaluation of JV/Consortium

Request for a clarification that if a consortium is formed for the best credentials suitable to the project. The group may have stake according to the scope of work, thus the work experiences of JV/Consortium shall be considered for further evaluation.

No Change in Tender Condition

4

RFP, EMPLOYER’S REQUIREMENT

Page-4 1.5.2 FARE COLLECTION SYSTEM

DMRC may install Smart Card Validator in the bus, as per requirement of DMRC, and the same shall be installed in such a manner that the Driver of the bus can control / ensure revenue collection from his position without any revenue leakage. It shall be responsibility of the Contractor’s personnel (Driver / Supervisor) in absence of conductor. Conductor shall be provided by DMRC.

Kindly clarify the roles and responsibility of handling the Validator or ETM for Contractor/Driver and the Conductor and ETM machine custody.


5

RFP, SPECIAL CONDITIONS OF CONTRACT DELHI METRO RAIL

Page-115 1.2.20.

“Operational Control Centre” means a communication, analysis and operational control hub established and maintained by the DMRC to control, manage and monitor the bus operation. The OCC will access data through AVLS, AFCS, Contractor reports, field data inputs etc., and will provide MIS reports for operational and managerial purposes.

Kindly clarify that the contractor need to deploy the manpower at DMRC office for performing the mentioned activity at DMRC OCC.

If contractor staff is required to be deployed at DMRC, the same may be notified at later stage

CORPORATION LTD.

6

RFP, EMPLOYER’S REQUIREMENT

Page-2

1.1.1 PROCUREMENT AND SPECIFICATION OF BATTERY OPERATED BUSES

DMRC may install Smart Card Validator in the bus

We understand that DMRC would be providing the GPS, CCTV,Validator/Handheld/ETM along with its AMC. Functioning responsibility shall be with DMRC only.


7 NIT Page- 7 1.1.3.2

MINIMUM ELIGIBILITY CRITERIA BIDDER’S COMPOSITION Bus Manufacturer with design and bus manufacturing facilities and should have supplied at least 200 Electric buses over the last five financial years including the financial year 2017-18…

Kindly provide us clarity on the project need of 99 no's of E buses and the qualification for supply of 200 no's E Buses in last five years being eligible in the bid document that too design and technology of E buses. This seem to be not possible for the Indian manufacturer and request you to modify the clause by "E-Bus Manufacturer should have the capability of designing & manufacturing of E buses and related technological products


viz motor, controller etc. are in successful service as per the Indian scenario.

8

RFP, SPECIAL

CONDITIONS OF

CONTRACT

DELHI METRO

RAIL CORPORAT

ION LTD.

Page-120 3 Performance Measurement

Kindly review the On Time Performance Benchmark, as the E-Vehicle technology is a new technology and yet to be tested in Indian driving conditions.


9

RFP, SPECIAL CONDITIONS OF CONTRACT .

Page-114 1.2.11.

"Emergency Ticket Pack" means a sealed pack of serially numbered, fully pre- printed tickets, issued to the Contractor, for use when the Ticketing Equipment supplied by DMRC or its nominated service provider is not available for use in the operation of the Services.

We understand that as mentioned in the RFP that the DMRC would be providing the Conductor therefore the paper ticket handling should not be the responsibility of the contractor.

The buses will be conductorless. However DMRC reserves the right to deploy conductors in these buses.

10 RFP, FORM OF TENDER

Page-20 APPENDIX 14 Project Milestone No. 1

Financial Closure

Kindly elaborate the milestone as the project lies with the contractor

Please refer clause no. 34.4 of SCC

till contract period of 10 years.

11


Page- 25 33.5

For any delay in achieving the Project Milestones date/s, the Contractor shall pay to the DMRC, compensation (hereinafter referred as “Liquidated Damages”) to be calculated in the following manner for:

Kindly review the Project milestone clauses as the EV's technology is new not implemented in Indian conditions. As vehicles require to go through the regulatory compliances.


12


Page- 13 12/ 4.2.1 (i)

PERFORMANCE SECURITYWithin 30 days of receipt of Letter of Acceptance, the successful Tenderer shall furnish PerformanceSecurity in the form of FDR/Bank Guarantee/Demand Draft from a branch in India of a schedule foreignbank or from a schedule commercial bank in India acceptable to the Employer for an amountRs.10, 00,000.00 /-( Rs Ten lakhs ) per bus and it shall be valid upto 18 months beyond the contractcompletion period.

Kindly eliminate the performance security.


13


Page- 13 & 14

14/ 4.2.3

Release of Performance Security: The whole of the Performance Security amount shall be liable to be forfeited by the Employer at the discretion of the Employer, in the event of any breach of contract on the part of the Contractor. i. On completion of 25 % of Contract period (i.e 2.5 years from commencement of services of last fleet/bus )- 25% of Performance Security will be released. ii. On completion of 50 % of Contract (i.e 5 years from commencement of services of last fleet/bus) -50% of Performance Security will be released. iii. On completion of 75 % of Contract(i.e 7.5 years from commencement of services of last fleet/bus) - 75% of Performance Security will be released.iv. On completion of 100 % of Contract (i.e 10 years from commencement of services of last fleet/bus) -95% of Performance Security will be released). v. Balance 5% of Performance Security will be released after 18 months from the end of contract period or subject to the clearance of challans from Delhi Police ,court cases, statuary cases pending against the contractor whichever is later.

Kindly eliminate the performance security.


14


Page- 14 17/ 4.17

Protection of Environment: In addition to GCC clause 4.17, The Contractor shall maintain ecological balance by preventing deforestation, water pollution and defacing of natural landscape. The Contractor shall, so conduct his cleaning operations, as to prevent any avoidable destruction, scarring or defacing of natural surroundings in the vicinity of work. In respect of ecological balance, the Contractor shall observe the following instructions (a) Where destruction, scarring, damage or defacing may occur as a result of operations relating to construction and maintenance activities, the same shall be repaired, replanted or otherwise corrected at Contractor’s expense. All work areas shall be smoothened and graded in a manner to confirm to natural appearance of the landscape as directed by the Engineer. (b) All trees and shrubbery, which are not specifically required to be cleared or removed for cleaning purposes, shall be preserved and shall be protected from any damage that may be caused by Contractor’s cleaning operations and equipment. The removal of trees or shrubs will be permitted only after prior approval by the Engineer. Trees shall not be used for anchorage. The Contractor shall be responsible for injuries to trees and shrubs caused by

All construction activity shall be carried out as per the instruction as per the DMRC. Hence, all penalties levied by the authorizers shall be responsibility of the DMRC.


his operations. The term “injury” shall include, without limitation, bruising, scarring, tearing and breaking of roots, trunks or branches. All injured trees and shrubs shall be restored as nearly as practicable, without delay, to their original condition at Contractor’s expenses.

15


Page- 16 25/11.2.2

Advance and Recovery Advance shall be upto10% of the Cost of Buses(net cost after adjusting subsidy ,if any) payable to the Original Electric Bus Manufacturer on submission of the Original Invoice by the Contractor. The advance shall be paid interest free against acceptable Bank Guarantee from a Schedule Commercial bank in India. The value of Bank Guarantee towards security of advance shall be 110% of advance to be paid to the manufacturer. The contractor, once the 50% of the advance has been recovered, shall have a onetime option to reduce the Bank Guarantee for the advance amount recovered.

The value of Bank Guarantee towards security of advance shall be 110% of advance to be paid to the manufacturer


16


Page- 23 32.2 Repeated Failure to meet Performance Standards

The performance of Electric buses may get affected due to unstable /uncertain supply chain (Electricity, Spares, and Skill). Any action to be taken has be decided mutually depending on the prevailing conditions.


17


Page- 26 35.3

Fare Collection System (FCS), Maintenance Further necessary staff of DMRC, FCS Agent, their agents and representatives such as ticket collector, ticket checker, conductor or such persons shall be carried on board, at no extra cost. The Contractor shall also provide full cooperation

Request you to Pls add " While on Duty"


18


Page-114

APPENDIX 32, 1.2.11

"Emergency Ticket Pack" means a sealed pack of serially numbered, fully pre- printed tickets, issued to the Contractor, for use when the Ticketing Equipment supplied by DMRC or its nominated service provider is not available for use in the operation of the Services.

We understand the Cash handling is the responsibility of DMRC Conductor therefore the Emergency Ticket Pack should lie with the Conductor only.

No change in tender condition

19


Page-122

Table 2 - Deductions for Not Achieving

On Time Performance Benchmark

Deductions for Not Achieving On Time Performance Benchmark

Deductions should be waived off till the completion of first year of completion which will be literally atrial period as it’s a nascent technology

Please refer clause No. 31.5 of SCC

20


Page-122 & 123

3.3. Lost Kilo meterage Deductions should be waived off at least the completion of first year.

Please refer clause No 31.5 of SCC

21

NIT Page- 3 1.1.1

The bidders are requested to familiarise themselves regarding subsidy available under FAME scheme and also requested to note the contents of para 1.8.9 to 1.8.9.4 of Employer’s Requirement, while quoting the rates in BOQ.

We would like to request you for provide a benchmark for availing subsidy.

Please refer 1.8.9-1.8 .9.4 of ER

22

RFP, Employer's Requirement

Page- 6

1.8.10

Opportunity charging may be resorted by the operator at the respective depots itself subject to provision of desired services as required in the tender. No additional compensation on this account will be entertained at DMRC.

Kindly define the time of EV Battery Charging/Opportunity Charging time in-between the operational Schedule

Please refer

clause 1.8.10 of

ER

23

RFP, SPECIAL CONDITIONS OF CONTRACT

Page-160

Table -1 : Facilities by

DMRC/ Point-1; subpoint-3

Electricity connection ( 440volts,3phase) will be provided at one point in Depot from the nearest station to the Contractor by DMRC and the Contractor shall be required to tap the electricity from DMRC’s nearest Distribution Board with its own infrastructure / resources. For the purpose, if any augmentation in the electricity infrastructure provided by DMRC is required in the depot, the same shall be in the scope of the Contractor. The Contractor shall be required to pay all costs associated with provision of electricity and monthly recurring cost based on consumption during operation / implementation of contract. DMRC will provide necessary assistance in obtaining such connections.

Kindly clarify the details and the exact location of the Electric charging point inside the DMRC depot along with its descriptive depot design layout. Without explicit survey of depot it’s difficult to estimate the quantum of work and cost involved in extending the Electric connection from DISCOM Electric point to the Charging point inside the Depot.


DMRC Electric Bus Tender Deviation Requests

S.No. Clause Deviations Remarks (Including Justification)

DMRC Remarks

1 13.3 Appendix-29 of ER

To include all the floor heights (400/650/900 mm) with a provision for wheel chair access.

This inclusion allows more OEMs and operators to participate by increasing the flexibility.


2 13.1 Appendix-29 of ER

To consider the Bus specifications as per Midi Bus standards i.e, Length(Max) 9.4m and Width (Max) - 2600 mm

This inclusion allows more OEMs and operators to participate by increasing the flexibility.


3

Appendix-34 ref from 11(i), 29.1.1(2), 33.1 of SCC

Modification in the delivery timelines as: 9 months from issue of Purchase Order - Delivery of 25% of overall order 11 months from issue of Purchase Order - Delivery of 25% of overall order 13 months from issue of Purchase Order - Delivery of 25% of overall order 15 months from issue of Purchase Order - Delivery of 25% of overall order

_

No change in tender condition

4 1.1.3.2 (A) of NIT

To change the eligibility criteria as 500 Nos of Diesel / CNG / Electric Buses produced in the past 5 years in India

_ Please refer Sl. No. 3 of


5 1.1.3.1 (vii) Lead member/Non-Substantial Member/Change in JV/Consortium

Is there any constraint in no. of substantial or non-substantial partners? Request to please clarify.

Please refer NIT Clause 1.1.3.1 vii)

6 1.1.1 To develop bus depot infrastructure for repair and maintenance of buses on

Request to confirm proposed locality for depot

Please refer appendix-35 of SCC.

land/plot provided by DMRC at Nangloi, Shadipur, Punjabi BaghEast, Mohan Estate and INA as per appendix-35 of SCC.

as we need to check electricity capability as well as other feasibility factors also in that area

7 1.2 (Employers requirement)

Procurement and installation of battery charging infrastructure

Request to please clarify regarding Subsidy on Charging Infrastructure.

It will be as per prevailing and applicable FAME notifications.

8 C18.3 (ii) EMD/SD

In case of joint venture/consortia, Bank Guarantee/FDR for tender security shall be in the name of joint venture/consortia and not in name of individual members.

Since MoU/JV/Consortia is only possible if the bidder wins, so request to consider submission of EMD by Lead member or by any substantial partner


9 1.1.3.2 (i) C Pg. 9/15

In case the Net Current Assets (as seen from the Balance Sheets) are negative, only the Banking references will be considered. The banking reference should be from a Scheduled Bank in India and it should not more than3 months old as on date of submission of bids.

Innovative Technology Partner should be given leverage & OE lead member only should fulfil this


10 1.1.3.2 (i) C Pg. 10/15

In Case of JV- Requirement of liquidity is to be distributed between members as per theirpercentage participation and every member should satisfy the minimum requirement.

OE Lead member should fulfil the criteria of min. requirement


11 1.1.3.2 (ii) C Pg. 10/15

T2 (Profitability) Profit before Tax should be positive in at least 1 (one) year, out of the last three auditedfinancial years.

OE Lead member should fulfil the criteria of min. requirement


12 1.1.3.2 (iii) C Pg. 10/15

T3 (Net Worth) Net Worth of Bidder during last audited financial year should be ≥ Rs 11.77 crore.

Request to consider Net worth of Lead Bidder or Avg. net worth of all the partners. Also, it should be as latest & as per CA certificate


13 C2.6 c) GST is excluded in the contract price. The contractor shall maintain details of 15 SGST/UTGST & CGST paid

Request for consideration of Input Credit also to be passed on to the contractor

Please refer 1.1.2 a of NIT

14 17 (i) 4.18 SCC

Electricity and its input power rate & Water Supply Charges

Request to please clarify the charges for supply of electricity and Input Power (KVA) which will be given by DMRC. Also request to please clarify Water Supply Charges.


15 C22

Insurance: The Bidder's attention is drawn to the provisions contained in Clause-15 of theGeneral Conditions of Contract and Clause-30 of SCC.

Request to define Scope of Insurance, in case of Charging Infrastructure


16 F1.1

Employer will award the contract to the Lowest Bidder (L-1), whose tender has beendetermined to be substantially responsive, technically & commercially suitable,complete & in accordance with the tender document, subject to the quoted amount is considered to be acceptable.

Request to finalize L-1 to be determined based on Technical & Commercial qualification only. Share of Business for L2 & L3.


17 FOT. Appen 7 Appendix 7: Deployment of Min. number of Personal

Request not to mandate Deployment of Manpower.

No change in tender Condition .

18 1.8.9.1

In theevent of delay of more than 6 months in release of incentive under FAME scheme byDHI, DMRC will pay 90% of the incentive amount payable to the contractor underFAME scheme as interest free advance against acceptable Bank Guarantee from aSchedule Commercial Bank in India. The value of Bank Guarantee shall be 110% of incentive amount paid tothe Contractor with validity of 5 years. On expiry of 5 years, this BG can be replacedby a BG of 50% of incentive amount having validity till the end of completion period

Since 10% amount is putting on hold, request to remove the clause of BG of 50% of incentive amount after expiry of 5 years


19 1.8.10

Opportunity charging may be resorted by the operator at the respective depotsitself subject to provision of desired services as required in the tender. No additional compensation on this account will be entertained at DMRC.

We request to consider Battery exchange/swapping as one of the solutions other than slow/fast charging as it only takes 5 mins to put fully charged battery that too without much of infrastructure.

Please refer 1.8.10 of ER.

20 Employers Requirement Pt. 1.8.4

Speed of bus will be limited to 40 KMPH Request to consider speed limiting with Retarder

Please refer 1.8.4 of ER

21 Pt. 14. 4.2.3

Balance 5% of Performance Security will be released after 18 months from the end of contractperiod or subject to the clearance of challans from Delhi Police,court cases,statuary casespending against the contractor whichever is later.

Request release of Performance Security in 12 months from the end of contract period


22 Pt. 17(1) 4.18

Electricity connection will be provided at one point to the Contractor by DMRC and the Contractor shall be required totap the electricity from DMRC’s nearest Distribution Board with its own infrastructure / resources.

Request to consider Current Regulatory Framework for Special Tariff for EV Infra.

Please refer Sl. No. 21 of


23 Pt. 32.4.2

DMRC may change the Performance Standards either in general or in a particular case. If it is considered necessary toachieve the overall objectives either to maximize utilization of regular passenger services or to achieve efficiency of resourcesallocated to regular passenger services.

Request that it should be Mutually Agreed


Sr Page No Clause No Description Pre Bid Changes DMRC Remarks

7 1.1.3.2

An Original Electric Bus Manufacturer (OEM) shall be a registered Bus Manufacturer with design andbus manufacturing facilities and should have supplied at least 200 Electric buses over the last fivefinancial years including the financial year 2017‐18. In this regard OEM has to submit undertaking anddocuments as per the Appendix‐17C of FOT.

An Original Electric Bus Manufacturer (OEM) shall be a registered Bus Manufacturer with design andbus manufacturing facilities and should have supplied at least 2000 Diesel/CNG/Electric buses over the last fivefinancial years including the financial year 2017‐18. In this regard OEM has to submit undertaking anddocuments as per the Appendix‐17C of FOT.


1 101 7.3

Kneeling Mechanism : Required

To be deleted, The buses can be made Divyangan friendly by means other than kneeling and reducing floor heightWill Provide a Lift at the rear end of the vehicleRefer attached photographs

2 101 13.1

Overall Length: 7000‐8000mm

6500 to 8000 mm. The Electric buses proposed are with 6600 mm Wheel base and are extremely suitable for entry to the Metro stationsThe UBS‐II specs allows overall length of Mini buses up to 7 metres. The 6.6 metre bus can easily house 16‐22 seaters

3 101 13.3

Floor Height :400 mm.The buses should be Divyangjan friendly

Floor Height :650 mm The buses can be made Divyangan friendly by means other than kneeling and reducing floor heightWill Provide a Lift at the rear end of the vehicle

4 89

7Suspension system

Air suspension Air suspension or parabolic or weveller or Semi Elliptical Leaf spring

5 89

8Braking system

Dual circuit full air brakes, with disc typearrangement for front and disc/drum at rearbrakes. Graduated hand controlled, springactuated parking brakes acting on rearwheels

Dual circuit full air brakes, with disc type arrangement forfront and disc/drum at rear brakes or hydraulic withpneumatically assisted brakes with disc / drumarrangement for front and rear. Graduated hand controlled,spring actuated orMechanical parking brakes acting on rearwheels.This is acceptable as per CMVR

SPECIFIC REQUIREMENT OF THE TENDER


6 88

9Electrical System 24 Volts DC 12/24 Volts DC

7 889.1Batteries

Low maintenance type lead acid batteries for24V system‐ performance as per BIS:14257‐1995 (latest). 2*12V of commensuratecapacity. Maintenance free batteriespreferred.

Low maintenance type lead acid batteries for12/24V system‐ performance as per BIS:14257‐1995 (latest).1/ 2*12V of commensuratecapacity. Maintenance free batteriespreferred.

10 59

Form for Tender Appendix 14Project implementation Programme

1) Services of 25 % of Stage Carriages(25 ACElectric Battery Operated Buses) 6 Months from date of LOA2) Services of additional 50 % of Stage Carriages(50ACElectric Battery Operated Buses)(i.e upto 75% of stage carriage services viz. 75 AC Electric Battery OperatedBuses) 9 Months from date of LOA3) Services of additional 50 % of Stage Carriages(50ACElectric Battery Operated Buses)(i.e upto 75% of stage carriage services viz. 75 AC Electric Battery OperatedBuses) 12 Months from date of LOA

1) Prototype Vehicle (25 ACElectric Battery Operated Buses) 6 Months from date of LOA2) Services of additional 25 % of Stage Carriages(50ACElectric Battery Operated Buses)(i.e upto 75% of stage carriage services viz. 75 AC Electric Battery OperatedBuses) 9 Months from date of LOA3) Services of additional 75 % of Stage Carriages(50ACElectric Battery Operated Buses)(i.e upto 75% of stage carriage services viz. 75 AC Electric Battery OperatedBuses) 15 Months from date of LOA


11 82

1.1.1Procurement and Specification of Battery Operated

The buses should conform to all the relevant specifications as prescribed under theUrban Bus Specifications‐II (USB‐II), by MoUD, GoI, (now MoUHA).

The MOUD specifications were valid for buses funded by the MOUD in JnNURM Phase‐II.These are purely recommendatory and have no locus standii At present the CMVR and AIS 052 are the only two specs which govern the manufacturing of buses

The bus specifications shall be as per Appendix‐29 (Revised) of ER

12 821.1.3Operation of Buses

For the purpose of Operation of buses on the indicated route, the Contractor shallbe required to obtain/timely renew ‘Stage Carriage’ permit from State TransportAuthority, GNCTD, at their own cost. DMRC Ltd. may facilitate the Contractor ingetting the desired permit.

The Stage Carriage Permits are not given to private individuals but are owned by Govt agencies. Normally The State Govt entities hire out buses on the Routes, but the ownership of the Routes rest with the State Govt entity only.DMRCL is requested to confirm whether the State Govt will give the Permits to Private persons/entiry

Tender Conditions are self‐Explanatory

12 86

1.8.9 Other requirements

Notification of FAME dated 12/09/2017 has an incentive on Electric buses . Operators to consider this while quoting for the tender

The FAME incentive is offered to State Transport Undertakings on purchase of vehicles1)The DHI insists that the vehicles are under Ownership/Joint of the State Govt2) The DHI also asks for a due tender process to arrive at the Price of the bus It is suggested that DMRCL, take an clearance from DHI for eligibility of FAME incentive in this project. There are recent incidents with STU's when DHI has refused FAME incentives on Wet leasing tenders even when the prices of the buses were established

13 86

1.8.9.1 Other requirements

In the event of delay in release of the incentive amount from FAME, DMRCL will pay 90% of the incentive amount

It is suggested that DMRCL, take an clearance from DHI for eligibility of FAME incentive in this project. If not cleared then DMRCL may allocate the 90% amount as a Viability Gap funding towards this tender

14 86

1.8.9.1 Other requirements

In the event of delay in release of the incentive amount from FAME, DMRCL will pay 90% of the incentive amount

It is suggested that DMRCL, take an clearance from DHI for eligibility of FAME incentive in this project. If not cleared then DMRCL may allocate the 90% amount as a Viability Gap funding towards this tender

15 Other DMRCL is requested to confirm if it will allow Electrical Chargers to be set up at the Metro Stations, for Charging intermittently

Please refer clause no. 1.8.10 of ER

Please refer clause 1.8.9‐1.8.9.4 of ER

Ref RFE Criteria Pre Bid verbatim by DMRC Requests DMRC RemarksAppendix- 35

Table -1 : Facilities by DMRCDMRC shall provide electricity connection at one point to the contractor from the nearest distribution board in the station premises to the depot spaceand the Contractor shall be required to tap the electricity from DMRC’s nearest Distribution Board with its own infrastructure / resources. For the purpose, if any augmentation in the electricity infrastructure provided by DMRC is required in the depot, the same shall be in the scope of the Contractor.

During Pre bid meeting below verbatim given by DMRC:1. Contractor has to source input electricity from DISCOM for vehicles charging at all depots2. DMRC can not sell power to Contractor keeping in view of legal issues arouse in other city

i). Request DMRC to provide necessary input power supply to Contractor at all depots for charging vehicles, a. On time project execution b. Energy subsidy in account of DMRCii). Please clarify on Per Unit Electricity cost applicable


Special Conditions of Contract (SCC) 2 1.1.3.2

Contract Period:10 Years from commencement date of services (COD) as mentioned in Appendix 34 of SCC, with provision of extension by 2 years based on mutual consent.

Please provide minimum 12 years contract period and additional 2 years so that PER KM cost will be lesser than 10 year contract period


Employer’s Requirement - Appendix-29

General Specifications for MINI size Urban Bus (AC)

As Per UBS -II Please find enclosed Annexure-I (Mandate Key Specifications to be implimemented)

i. There is a immenase need of providing safe, secured, proven and comfortable transport for Metro comuters in Delhi. ii. This will also create Bench marking Feeder Transport solution which will be example for all Metros in INDIA to follow.iii. Provided mandate Key specifications are already implimented in India in all vehicles of different OEMs;iv. These Mandate Key specifications enables DMRC to provide SAFE, PROVEN fleet for its Passenger feeder Transport.


- Dead KMs Payment DMRC has mentioned that Dead KMs will be paid to Contractor as per quoted price

Request to confirm same through Corrigendum. Please refer Sl. No. 32 of summary sheet of Addendum No. 3

- Dead KMs Caliculations needs clarifications

- Route data & details- Shift timings difference

- Depot Survey Report Please refer annexure V of the pre-bid replies

Please clarify1. Please provide Route wise missing DEAD KM 2. Addl Dead KM is given for every route, which needs to be cut down to achive minimum Dead KMs.Ex: Rouet Name: Asharm MS to Asharm MS via Sukhdev Vihar MS; Dead KM- 8.1 Depot to First Stage - 8.1 Km + Last Stage to Depot - 8.1 Km = 16.2 Km. Where as Tot Dead KMs given are 24.3 Kms which has 8.1Kms additionally given.Eiether additional KMs to be restricted to Depot to First Stage and Last Stage to Depot only. Request to impliment same in all routes so that over all dead Kms will be lesser.

1. Please provide missing information of Routes as per Annexure III (Routes Missing data)In general, Change over time for drivers required is 25 minutes, where as few schedules have higher Change over timings.We request you to restrict this time to 30-45 minutes across all Routes so that higher operational uptime is obtained and thus Driver Manpower utilization will be optimum with in 8 hours to avoid additional expenditure. Pl refer Highlighted text in Annexure-IV (Shift timings)

1. We have completed Survey atall Depots and found few gaps which are listed as per Annexure-V(Depots)2. South cluster depots can maximum accomdate 46 vehicles rather alotted 99 vehicles, Pl suggest alternative depot3. Also pleaseprovide Depot wise Fleet alottment and Route alottment details.


SN Tender S. No. DMRC Tender Requirement Clarification required DMRC Comments

1 NIT- Qualification criteria, Page 6, Pt.

V) c)

The overall performance of the tenderer (all members in case of JV/Consortium separately) shall be examined for all the ongoing Bus Services OR Stage Carriage/Contract CarriageServicesof value more than 40% of NIT Costand also for all the completedBus Services OR Stage Carriage/Contract Carriage Servicesworksawarded by DMRC/ any other Metro Organisation (100% owned by Govt.)/ any govt. Department/ or any PSUs of value more than 40% of NIT Costwithin last oneyear

Condition for execution of 40% order of NIT cost is too high for any seasoned operator in India. We request to reduce it to 5%. It should be considered as collective of all consortium members.

This requirement is for evaluating the overall performance of the bidder and not an eligibility criteria. The bidder must not compulsorily have executed work of value more than 40% of NIT Cost. If no work is executed by the bidder of value more than 40% of NIT Cost, then the bidder is required to simply write ‘NIL’ in Appendix-19A..

2 NIT- Qualification

criteria, Page 6, Pt. vii)

Lead member must have a minimum of 26% participation in the JV/Consortium.

We request you to kindly allow it to 20%. It enables more Indian manufacturers to participate in the tender with higher responsibility and reliability.


3. NIT- Page 6, Pt. vii)- Lead

member/Non Substantial

Member/Change in CV/Consortium sub

point no. b

Member having less than 26% participation will be termed as non-substantial member and will not be considered for evaluation which means that their financial soundness and work experience shall not be considered for evaluation of JV/Consortium.

Percentage of participation should not be the criteria for evaluation or it should be not more than 10%.


4 NIT- Qualification criteria, Page 7, Pt. 1.1.3.2- Minimum Eligibility criteria

An Original Electric Bus Manufacturer (OEM) shall be a registered Bus Manufacturer with design and bus manufacturing facilities and should have supplied at least 200 Electric buses over the last five financial years including the financial year 2017-18. In this regard OEM has

No Indian Manufacturer has an experience of supplying 200 buses as EV trend in India has just started. India Manufacturer should be

Please refer Sl. No. 3 of summary sheet of Addendum No. 3.

to submit undertaking and documents as per the Appendix-17C of FOT.

allowed to submit experience certificates of ot’s JV partner.

5 NIT- Minimum Eligibility criteria

1.1.3.2, Page 7, Pt. A

An Original Electric Bus Manufacturer (OEM)* meeting the specifications prescribed in Employers Requirement-Appendix-29, can participate either as a single entity or in JV/Consortium.

Do manufacturer has to meet operational criteria if participates individually.

No

6 NIT- Qualification criteria, Page 9, C-

Financial Standings- T1 Liquidity, T2

Profitability, T3 Net Worth, T4 Annual

Turnover

Refer Tender We request that Bidder’s parent company’s financial standings should be considered.


7 ITT- Page No. 8, C8- Tender Programme

The Tenderer shall submit with his Tender as Appendix-14 to FOT, an Implementation Programme that shall indicate how the Tenderer intends to organise and carry out the Works/services and achieve Stages/milestone as described in tender condition.

It should be the responsibility of DMRC.


8 ITT- Page No. 10, C18.3- Tender Security/EMD

In case of joint venture/consortia, Bank Guarantee/FDR for tender security shall be in the name of joint venture/consortia and not in name of individual members.

It is not possible to have the EMD in the name of the JV/ Consortium since at the time of bidding, as the JV/Consortium would not be registered and thus would not be an entity with bank account. Thus, any member should be allowed to tender the EMD


9 ITT- Page No. 32, F5- Performance

Security

The Performance Security required in accordance with Clause 4.2 of the GCC shall be for Rs 10,00,000/-(Rs.Ten lakh) per busi.eRs 9,90,00,000/-(Rs. 9.90 crores)for 99 buses

It should be 10% of the basic cost of the bus (Excluding taxes)


10 FOT- page 14, Resources

proposed for the

Refer Tender Since list of equipments is responsibility of the contractor & hence choice


project- Plants & Equipments

of equipments must be left to them.

11 FOT- page 15, Resources

proposed for the project- Plants &

Equipments- Pt M- Other ITS

Electronic type passengerInformation display boards at BusTerminals, Bus Stops etc.

PIS & display board at terminals & bus stops should be responsibility of DMRC. Request to correct.


12 Employer’s Requirements, Page 2- 1.1.1

AC BATTERY OPERATED BUSES,7-8 METER, SEATING CAPACITY 16-22

We request you to amend it to 9.4 mtr (UBS-II guideline) Low floor bus. We suggest this is ideal length for feeder buses with low floor height.


13 Employer’s Requirements,

Page 2 & 3- 1.1.3

shall be from 6 AM in the morning to 11 PMin late night. Frequency of the bus service shall be 5-10 minutes. Based on above, average run (including idle KMS and revenue service KMS) per day shall be approx. 176 KMS per bus.

We request to give opportunity charging of approx 1.5 Hr in the mid if the day to run the vehicle for 180 kms a day

Please refer Clause no. 1.8.10 of ER

14 Employer’s Requirements, Page 4- 1.5.2

FARE COLLECTION SYSTEM DMRC may install Smart Card Validator in the bus, as per requirement of DMRC, and the same shall be installed in such a manner that the Driver of the bus can control / ensure revenue collection from his position without any revenue leakage. It shall be responsibility of the Contractor’s personnel (Driver / Supervisor) in absence of conductor. Conductor shall be provided by DMRC. The safekeeping of the handheld device / Smart Card Validator shall lie with the Contractor / Contractor’s personnel. In case of any damage to the handheld device / Smart Card Validator, the cost of the devices shall be recovered from the Contractor.

Any responsibility regarding fare collection and handling devices shall be managed by DMRC, since revenue collection is responsibility of DMRC.


SN Ref in RFP Query Suggestion DMRC Comments 1 1.1.2 a (Approximate cost of

Work) Is the 18% GST rate for Cost of work calculations.

Please clarify the GST rate Bidders should use in their financial quote.

NIT Cost of work is inclusive of 18%GST.

2 1.1.3.1 Eligible Applicant 1.1.3.1 v (c)

Provides for an examination of executed/ongoing work which are more than 40% of the NIT cost. While qualification criteria requires operator should have Minimum Operational Experience of Bidder 446 passenger Car Unit

Minimum Operational Experience of Bidder shall be 446 PCU factor and details of satisfactory performance to be submitted in Appendix 19A. The reference to works of 40% of NIT cost should be eliminated as satisfactory reference check for 446 would be provided separately.

Minimum Operational Experience given in Clause 1.1.3.2 is a mandatory condition that the bidder must fulfil. However, the requirement of Clause 1.1.3.1 v(c) is for evaluating the overall performance of the bidder and not an eligibility criteria. The bidder must not compulsorily have executed work of value more than 40% of NIT Cost. If no work is executed by the bidder of value more than 40% of NIT Cost, then the bidder is required to simply write ‘NIL’ in Appendix-19A..

3 1.1.3.2 Original Electric Bus Manufacturer qualification Criteria OEM shall be a registered Bus Manufacturer with design and bus manufacturing facilities and should have supplied at least 200 Electric buses over the last five financial years including the financial year 2017-18. In this regard OEM has to submit

Electric Bus is an emerging technology, which has allowed new OEM entrants in field. The total no. of electric buses operating in the country is less than 50. Request you to modify the condition so as to allow maximum participation. DMRC requires the OEM/Operator to actively pursue the release of incentives from DHI. DHI has a well defined and

1. OEM shall be registered Bus Manufacturer having registration/ eligibility from DHI for availing subsidy under FAME.

2. The OEM should submit the DHI FAME approval for electric bus of any size.

3. To enable Make in India and a new sunrise industry the operator in each of the tender should be required to operate electric vehicles from at least 2 OEM’s approved by DHI.

4. The financial Standing Criterion for OEM


undertaking and documents as per the Appendix-17C of FOT.

industry accepted criterion OEM and hence is requested that DMRC use the same definition.

bidding as a single entity should be removed as Electric bus OEM’s only have a 1~2 year manufacturing track record in India. The OEM if successful would be submitting BG’s and PBG’s as required by tender.

4 Performance Security There is no clarity on in whose name the Performance Guarantee will be issued in case of a consortium and also on the release of the Performance Guarantee.

Any Substantial member can get the Performance Guarantee issued in his name on behalf of the JV/Consortium. Request that the Performance security should be released completely once the Operator provides a bank Guarantee for Incentive availed under FAME or Incentive provided by DMRC.

In case of Joint Venture/Consortium, the Performance Security is to be submitted in the name of the JV / Consortium. However, splitting of the performance security (while ensuring the security is in the name of JV / Consortium) and its submission by different members of the JV / Consortium for an amount proportionate to their scope of work is also acceptable. For release of Performance Security please see Addendum-2.

5 Form of Tender- Appendix 10 A Clause 2: OEM to provide adequate service support (AMC) to ensure smooth running of the Buses offered by the Bidder.

OEM to provide adequate service support to ensure smooth running of buses offered by the bidder as per terms of agreement between Operator and OEM. Please refer Sl. No. 12 of


Clause 5: OEM to provide the requisite technical know-how from time to time and technical literature to the Bidder and DMRC.

OEM to provide the requisite technical know-how from time to time and technical literature to the Bidder and DMRC on a best effort basis.

T1 (Liquidity) and T4 (Turnover) If all the members of the JV/Consortium need to qualify on

The lead member alone can satisfy the minimum liquidity requirement.

No change in tender Conditions

financial strength, then the purpose of combining strengths is defeated. In case of JV: Requirement of Liquidity is to be distributed among members as per their percentage participation and every member should satisfy the minimum requirement.

Similarly in case of Turnover, the turnover of lead member should qualify.

Employer’s requirements 1.1.2 Registration of buses

The contractor is required to get the buses registered in its name and bear associated costs.

Request if DMRC can provide the list of taxes such as Motor Vehicle tax, Passenger Tax, Stage Carriage Permit and GST that would be applicable to the operator would be eligible for any exemptions/concessional rates.

It shall be done by the contractor.

1.1.3 Operation of Buses The driver of the bus can control/ ensure revenue collection from his position with any revenue leakage.

As the bus ticketing system would be Smart Card validated and hence cashless the revenue leakage doesn’t arise. The same may be modified accordingly. The Driver will not be able handle the ETM as mentioned as Appendix 32 G. Request if this can be modified.


1.8.9 Incentive from DHI under FAME

As per our understanding FAME requires pre approval for release of incentive. Please provide: 1. Confirmation from DHI that

the said procurement is eligible under FAME

2. Please confirm if the eligible entity for incentive as approved by DHI for DMRC is operator, OEM or DMRC.

The incentive scheme under FAME is similar to VGF schemes in other infrastructure projects. The standard BG approach for VGF is a reducing VGF over contract period. Request if DMRC could consider the same.

Please refer clause No. 1.89-1.8.9.4 of ER.

Special conditions of contract Electricity, water and Gas: Please confirm

Please refer Sl. No. 21 of summary sheet of Addendum No. 3 17 (i) 4.18 1. If a connection would be

provided at each of the Depot/s or only 1 connection

2. Electricity rates: Would the electricity connection be provided as a sub-metered to DMRC existing connection. If so please provide rate of electricity applicable.

Request that the electricity Bill can be paid by DMRC and then the same can be deducted from the Rate/km quoted by the operator.

3. DERC has provided a separate rate of electricity charging for E vehicles. Would DMRC be eligible to avail a separate connection under the DERC order

4. Please provide us the water rates that would be applicable at the depots

5. Please provide the quantum of water (Litres/day) that would be available.

Request that the water Bill can be paid by DMRC and then the same can be deducted from the Rate/km quoted by the operator.

Appendix 33A Break up price for AC electric buses


1. Request if a separate head be created for Capital charges for Electricity Charging stations and associated costs of electricity connection/ substation etc.

Sr. No.

Reference Quote Suggestion DMRC Comment

1 1.1.3.2 Minimum Eligibility criteria C Financial Standing ii) T1 Liquidity

It is necessary that the Bidder can withstand cash flow that the contract will require until payments received from the Employer. Liquidity therefore becomes an important consideration. This shall be seen from the last audited balance sheets and/or from the banking reference. Net current assets and/or documents including banking reference (as per proforma given in Appendix‐23 of Form of Tender), should show that the applicant has access to or has available liquid assets, lines of credit and other financial means to meet cash flow of Rs 35.86 crore (south Delhi Cluster)

Rs.599.90 Cr. Is the Total project cost for 10 years I.e. 4.75 Cr. Per month As per instruction to bidders ITT Ref C27 Schedule of Payments it is assured payment thrice a month Hence a liquidity of Rs. 1.67 Cr should be required


2 1.1.3.2 Minimum Eligibility Criteria A bidder composition

Operator having authorization from Original Electric Bus Manufacturer* meeting the specifications prescribed in Employer’s Requirement ‐ Appendix‐29 can participate with undertaking as per format given in Form of Tender (FOT)‐ Appendix‐10A either as a single entity or in JV/Consortium. Requirement of operational experience for operator is defined in clause 1.1.3.2 B below.

Requested to delete this condition to provide equal opportunity to bus operator and bus manufacturer A bus manufacturer can participate tender independently and is allowed to choose operator/partner after being successful in the tender Please provide equal opportunity of choosing the bus manufacturer after being awarded the work


3 1..1.3.2 Minimum Eligibility Criteria A bidder’s Composition Definition of original electric bus manufacturer

An Original Electric Bus Manufacturer (OEM)* meeting the specifications prescribed in Employers Requirement‐Appendix‐29, can participate either as a single entity or in JV/Consortium. *An Original Electric Bus Manufacturer (OEM) shall be a registered Bus Manufacturer with design and bus manufacturing facilities and should have supplied at least 200 Electric buses over the last five financial years including the financial year 2017‐18. In this regard OEM has to submit undertaking and documents as per the Appendix‐17C of FOT

An operator should be allowed to purchase the buses from any manufacturer having a bus which is as per tender specification and approved by ARAI etc at the time of purchase/induction


1. OEM should be supplied at least 200 electric vehicles in the past 5 years

As was pointed out the Electric vehicle industry is a nascent/sunrise sector in india there negligible number of manufacturer who will meet this criteria. And also by this you are limiting the competition (among supplier which will have an upward effect on the bus price.

We recommend that you do not insist on any minimum criteria and instead allow the operator to source form any one more OEM manufacturers. It need not to be required for him to divulge the name or names of the manufacturer at bidding stage. It should not be DMRC ‘s concern. If the winning operator can’t position the vehicles as per the tender guidelines he will forfeit his security which is quite substantial. So operator will be more concerned to tie up the supply before hand from one or more manufacturer. Alternatively DMRC can specify the name of those manufacturer from whom operator will sources the buses.

DMRC Remarks: Please refer Sl. No. 3 of summary sheet of Addendum No. 3

2. JV CONSORTIUM The categorization of the operators bidding as a JV/Consortium into substantial (those above 26%) and non substantial (less than 26% ) where non substantial partners will not be considered for the purpose of evaluation of the financial and operational criteria is not the right

4 Appendix ‐29 General Specification for MINI Size Urban bus Specific requirement for the instant tender

Bus specifications should be as per the present market feedback to make more option available for the purchase of buses


5 1.1.2 Key details Tender Security* (Earnest Money Deposit) Amount of Tender Security:‐ Rs.5.69 Crores (south Delhi Tender) Tender Security* (Earnest Money Deposit) Amount of Tender Security:‐ Rs.5.88 Crores (west Delhi Tender)

EMD should be reduce to ensure maximum participation for the tender


approach in our view as this defeats the very idea of inviting operators to bid as consortium which is very much necessary for a tender of this magnitude. The concept of JV/consortium entails that the partner will pool in their financial and operational strength and thereby will be accumulate sufficient muscle to be able to bid and compete for the tender against large companies.

DMRC Remarks: No Change in Tender Conditions

3. In the terms of financial requirement of the lender consider these should be lowered for they are steep and make the tender favor the bid companies.

Tender security of Rs.5.69 crores and a contract dedicated cash flow of Rs.35.86 crores (this would be equivalent to 9 months operation. Question why this long is necessary ? at best should be equivalent of 6 months ) both these need to be lowered to encourage more participation as well reduce the cost of operation.

DMRC Remarks: Please refer Sl. No. 2 of summary sheet of Addendum No. 3

4. Clause (1.1.3) covering listing of ongoing of completed contracts within last one year by the bidder which are 40% of the NIT Cost. This is to be confirmed that this requirement is for evaluating the overall performance of the bidder and not an eligibility criteria. DMRC Remarks: This is not mandatory that the bidder must have executed work of value more than 40% of NIT Cost. If no work is executed by the tenderer of value more than 40% of NIT Cost, then the bidder is required to simply write ‘NIL’ in Appendix‐19A..

s/n query dmrc remarks - delhi metro · s/n query dmrc remarks 1. appendix 29 point no 13.la (pg89...

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