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REQUEST FOR QUALIFICATION FOR REHABILITATION WORKS OF RUNWAY – 10/28 ALONG WITH ITS ASSOCIATED TAXIWAYS AT INDIRA GANDHI INTERNATIONAL AIRPORT NEW DELHI (“PROJECT”)

DISCLAIMER

This Request for Qualification (“RFQ”) is being issued by Delhi International Airport Limited (“DIAL”) for the limited purpose of shortlisting of Interested Parties (defined hereinafter) for the purpose of undertaking and implementing the Project (defined hereinafter) at the Indira Gandhi International Airport at Delhi (“IGI Airport”) in terms of this RFQ. The information contained in this RFQ is being provided by DIAL for the limited purposes of enabling the Interested Parties to submit an application in response to this RFQ (“Submission”) and for no other purpose. In no circumstances shall DIAL, or its respective affiliates, directors, employees, advisors, consultants, contractors, representatives and/or agents incur any liability arising out of or in respect of the issue of this RFQ, or the Tender Process (defined hereinafter).

This RFQ is being made available by DIAL to the Interested Parties on the terms set out in this RFQ. The possession or use of this RFQ in any manner contrary to the terms as set out in this RFQ and any applicable law is expressly prohibited. Interested Parties shall inform themselves and shall observe any applicable legal requirements in submitting their Submission. This RFQ is issued upon an express understanding and agreement that the Interested Parties will use it only for the purpose of preparing and submitting their Submission and for the purpose associated herewith and for no other purpose whatsoever.

This RFQ does not, and does not purport to, contain all the information that the Interested Parties and their advisors would desire or require in reaching decisions for submitting their Submission. The information in this document does not purport to be comprehensive or to have been independently verified. Nothing in this document shall be construed as legal, financial or tax advice. DIAL shall not be liable for any costs, expenses, however so incurred by the Interested Parties in connection with the preparation of the Submission(s).

This document does not purport to contain all the information that the Interested Parties, their directors, consultants, contractors, officers, employees, agents and/or advisors would desire or require in reaching a decision as to the submission of the Submission. This document is a summary of available information and no reliance shall be placed on any information or statements contained herein, and no representation or warranty, expressed or implied, is or will be made in relation to such information and no liability is or will be accepted by DIAL, its directors, advisors, consultants, contractors, officers, employees and/or its agents in relation to the accuracy, adequacy or completeness of such information or statements made, nor shall it be assumed that such information or statements shall remain unchanged. Nothing contained in this document is, or shall be relied upon as, a representation of fact or promise as to the future. Any summaries or descriptions of documents or contractual arrangements contained in any part of this document are only indicative and cannot be and are not intended to be comprehensive, nor any substitute for the underlying documentation (whether existing or to be concluded in the future), and are in all respects qualified in their entirety by reference to them

DIAL and any of its consultants will not be liable for any costs, expenses, losses, etc. howsoever incurred by the Interested Parties in connection with the preparation of their Submission. DIAL reserves the right to amend, update or supplement this RFQ and any information contained herein at its sole discretion, in accordance with this RFQ

Neither DIAL nor its respective affiliates, directors, employees, advisors, consultants, contractors, representatives and/or agents shall be liable to any Interested Party(ies) under any law including the law of contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise, or be incurred, or suffered, in connection with this RFQ, or any other information supplied by or on behalf of DIAL or its respective affiliates, directors, employees, advisors, consultants, contractors, representatives and/ or agents or otherwise arising in any way from the Tender Process mentioned in this RFQ.

DIAL expects to shortlist an Interested Party in accordance with this RFQ and based on the Submission submitted and evaluated by DIAL.

No person other than the authorized representative of DIAL, as named herein in this RFQ, is permitted to give any information or to make any representation not contained in this RFQ and, if given or made, any such information or representation shall not be relied upon as having been so authorized

The information provided by DIAL to the Interested Parties herein in relation to the Airport is intended to provide a common platform for the Interested Parties and is provided for reference only. DIAL does not affirm or confirm the accuracy or correctness of the data provided. It is the responsibility of the Interested Parties to verify all such information and/or data

The Interested Party(ies) (or its/their advisers or consultants) is/are prohibited from any form of arrangement with anyone to influence the Tender Process. Any evidence of such acts shall render the said Interested Party to such liability/penalty as DIAL may deem proper, including, but not limited to, rejection of the such Interested Party and blacklisting of such Interested Party.

Each Interested Party’s acceptance of delivery of this RFQ constitutes its agreement to, and acceptance of, the terms set forth in this RFQ and more particularly the ‘Disclaimer’. By acceptance of this RFQ, the recipient agrees that this RFQ and any information herewith supersedes document(s) or earlier information, if any, in relation to the subject matter hereof.

DIAL may conduct the Tender Process as set out hereunder either by itself, or through or with the assistance of one or more advisors, consultants and agencies. The Interested Parties consent to DIAL for sharing the Submission and all other information as may be provided by the Interested Party(ies) during the Tender Process and thereafter, with such advisors, consultants and agents. It is clarified that evaluation and selection of the Submission shall be made by DIAL at its sole discretion, and that DIAL shall not be bound by any opinions or observations of its advisors, consultants or agents.

No extension of time shall be granted under normal circumstances to any particular Interested Party(ies) for its/their Submission(s) including, but not limited to, the grounds that the Interested Party(ies) did not obtain a complete set of the RFQ, or on any other ground(s).

This document outlines DIAL’s expectations in relation to the Submission(s) to be submitted by the Interested Party(ies). No legal or other obligation shall arise in DIAL’s name, unless and until an appropriate document is issued by DIAL for awarding the Project to the Successful Bidder identified by DIAL, which may be either Purchase Order or Letter of Award or agreement (the “Definitive Document”) and any conditions to the effectiveness of Definitive Document have been fulfilled by the Successful Bidder.

By submitting its Submission, the Interested Party acknowledge and agree that it does not have any legal disputes with AAI, DIAL and with any other GMR airports.

Introduction:

Delhi International Airport Limited (“DIAL”), a company registered under the Companies Act, 1956, is a public private partnership venture, with equity participation by GMR Group, Airport Authority of India (“AAI”) and Fraport AG Frankfurt Services Worldwide, has been granted concession by AAI vide an Operation, Management and Development Agreement (“OMDA”) dated April 4, 2006 to operate, maintain, develop, design, construct, finance, upgrade, modernize and manage Indira Gandhi International Airport, New Delhi (“IGI Airport”). Pursuant to the rights and authority granted to DIAL in accordance with OMDA, DIAL intends to undertake the rehabilitation of the Runway designated as 10/28 and its associated Taxiways by following appropriate process and tender specifications which will be issued to the Qualified Bidders at a later date by DIAL.

About DIAL

Delhi International Airport Limited (“DIAL”), a company registered under the Companies Act, 1956, is a public private partnership venture, with equity participation by GMR Group, Airport Authority of India (“AAI”) and Fraport AG Frankfurt Services Worldwide, has been granted concession by AAI vide an Operation, Management and Development Agreement (“OMDA”) dated April 4, 2006 to operate, maintain, develop, design, construct, finance, upgrade, modernize and manage Indira Gandhi International Airport, New Delhi (“IGIA”) and pursuant to said agreement, DIAL intends to undertake the rehabilitation of the Runways designated as 10/28 and its associated Taxiways which will include relaying/reconstruction/redevelopment of the above mentioned assets by following appropriate process and tender specifications, drawings which will be issued to the selected Bidders at a later date by DIAL.

Scope of Request for Qualification (RFQ)

DIAL invites submissions in response to this RFQ (“Submission”), from the interested parties (“Interested Party/ies”), who satisfy the eligibility criteria set forth under the eligibility/ qualification criteria in Clause 4 of this RFQ (“Qualification Criteria”) and wish to qualify to tender for Runway 10/28 and its associated taxiways at IGI Airport (hereinafter referred as “Project”).

The Project is intended for rehabilitation of the Runway 10/28, which is 45 m wide and 3813 m long having 15 m wide Runway shoulder on both sides along with other associated taxiways.

The Project needs to be completed within 4 (four) months including mobilization from the date of issuance/execution of Definitive Document with the Successful Bidder (as defined hereinafter) after the completion of the Bidding Process.

The Interested Parties shall also submit the duly executed confidentiality undertaking (“Confidentiality Undertaking”), as per the format specified in Annexure F hereto. It is clarified that, in case the Interested Parties do not submit the Confidentiality Undertaking, the submissions by the Interested Parties shall not be considered as responsive and shall be rejected by DIAL.

Brief Overview of the Bidding Process

In respect of the Project, DIAL has adopted a two-stage competitive bidding process (collectively referred to as the “Bidding Process”) for selection of the successful bidder for award of the Project (“Successful Bidder”). The Successful Bidder shall be invited for implementing the Project as per the terms of the RFP and the Definitive Document

Qualification Stage: The first stage (“Qualification Stage”) of the Bidding Process involves shortlisting and qualification of Interested Parties, who have submitted their Submission(s)to this RFQ for undertaking the Project in accordance with the provisions of this RFQ. In the Qualification Stage, the Interested Parties would be required to furnish all the information specified in this RFQ on or before the Submission Deadline (as defined below) for submission of response of RFQ. DIAL shall receive the Submission(s) in response to this RFQ, in accordance with the terms set forth herein, as modified, altered, amended and clarified from time to time by DIAL. At the end of the Qualification Stage, DIAL shall shortlist the qualified bidders (“ Qualified Bidders ”), that interalia satisfy the Qualification Criteria, who shall be eligible for participation in the second stage of the Bidding Process (“Bid Stage”).

Bid Stage: The second stage of the Bidding Process shall comprise of the Request for Proposal (“RFP”). At the initial level of the Bid Stage, the Qualified Bidders shall be called upon to submit their bid (“Bid”) in respect of the Project, the details of which and the requirements whereof shall be more particularly set out in the RFP document. Pursuant to participation of the Qualified Bidders in the Bid Stage, DIAL intends to select 1 (one) Successful Bidder, who shall undertake the implementation of the Project in accordance with the provisions of the Definitive Document executed between DIAL and the Successful Bidder

Eligibility / Qualification Criteria of Interested Party

General Eligibility Criteria (“General Qualification”)

  • The RFQ is open to eligible (qualified and experienced) contractors that satisfy the Qualification Criteria in accordance with this RFQ
  • The Interested Party shall be a company incorporated under the applicable laws of the country of incorporation
  • The Submissions of Joint ventures/ Consortia and credential of affiliate company of the Interested Parties, will not be considered for pre-qualification under this RFQ.
  • The Interested Party is also required to meet the Eligibility Requirements as provided in the Annexure B.

Qualification Criteria:

  • RFQ is open for all Interested Parties, who can apply as a single entity and shall satisfy the following eligibility criteria and submit the supporting documents to qualify for the bid Stage:
SN. Criteria Supporting Document(s)
1
  • An average annual turnover of INR 300 (three hundred) crores or more during last 3 (three) Financial Years, i.e., as on 31st March, 2021, 31st March, 2022 and 31st March, 2023 from civil construction; and
  • A net worth of INR 100 (one hundred) crores or more as on 31st March, 2023;
  • Annual financial reports of last 3 (three) Financial years, i.e., 31st March, 2021, 31st March, 2022 and 31st March, 2023; and
  • Certificate from chartered accountant testifying the average annual turnover and net worth in the format as provided in Annexure E or equivalent format acceptable to DIAL;
2 Must have up to date GST compliance Certificate from chartered accountant certifying theup to date GST compliance
Technical Qualification
3 Constructed at least one similar project of worth INR 100 crore or more or two individual projects of worth INR 50 crore each or more in last 5 Financial Years. Details of project(s)
4 15-years of experience in construction of new runway, taxiways, apron, including rehabilitation works of the same along with associated works related to airfield pavement, drainage and airfield lighting and develop as-built drawings, which shows detailed grids, coordinates and levels etc. Details of experience.
5 Experience in last 3 years in the construction of atleast 1 similar project
  • Details of similar or higher size and scale executed projects in an operational/ greenfield environment clearly stating the projects completed including client certification/declaration
  • Details of similar type of projects in hand;
6 A successful track record of timely completion of projects
  • Declaration regarding successful track record of timely completion of projects; and
  • Details of project timely completed

Note: For the purpose of this RFQ, “Financial Year” for a year in consideration, means the financial year followed by the Interested Party in its ordinary course of business. In the event financial year of the Interested Party has ended on or after 31 December 2022, then for the period post the last audited financial statement, such Interested Party will be required to provide the unaudited financial statements of the Interested party until 7 (seven) days prior to the Submission Date, certified as true and correct by the Interested Party’s directors and / or chartered accountant.

The Interested Party shall not have a conflict of interest (the “

Conflict of Interest

”) that affects the Bidding Process. Any Interested Party found to have a Conflict of Interest shall be disqualified. An Interested Party shall be deemed to have a Conflict of Interest affecting the Bidding Process if:

  • The Interested Party in 2 (two) different submissions to the RFQ have controlling shareholders in common;
  • The Interested Party (or any constituent thereof) submit more than 1 (one) submissions to the RFQ as part of this Bidding Process;
  • The Interested Party receives, has received, or has entered into an agreement to receive, any direct or indirect subsidy, grant, concessional loan, or subordinated debt to or from any other Interested Party, or has provided or has entered into an agreement to provide any such subsidy, grant, concessional loan or subordinated debt to any other Interested Party;
  • The Interested Party has the same legal representative for purposes of a submissions under this Bidding Process as any other Interested Party; and
  • The Interested Party has a relationship with another Interested Party, directly or indirectly or through a common third party/parties, that puts either or both of them in a position to have access to each other’s information, or to influence the application of either or each other.

Litigation History:

  • Details of all pending and ongoing litigations or arbitrations, if any, against and/or by DIAL and/or any entity of GMR Group and/or AAI.
  • Pending investigations or proceedings, if any, in respect of any money-laundering, corruption or anti-bribery laws.
  • In case of any subsequent material changes in the particulars submitted above, the Interested Party will promptly submit to DIAL the details of any such changes and the reasons thereof.

The following parties would be disqualified/ debarred from applying and participating in the Bidding Process:

  • Any entity which has been barred by the central/ state government, or any entity controlled by it, from participating in project of similar nature, and the bar subsists as on the date of the application, would not be eligible to submit application.
  • In the last 5 (five) years, the Interested Party, should have neither failed to perform its obligations under any contract, as may be evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Interested Party, nor has been expelled from any project or contract by any entity or have had any contract terminated by any entity for breach by such Interested Party.
  • A person black-listed/ barred by DIAL or GMR Group or AAI in the past 5 (five) years from participating in any open/ competitive bidding/ tendering/ other contracting processes conducted by DIAL or GMR Group or AAI.
  • Has against it any pending litigation or proceedings, before any court or authority, in relation to bankruptcy, insolvency, liquidation, dissolution or winding-up; or is declared a sick company.
  • A person (including its promoters, directors, partners, beneficial owners or senior management or affiliates) who is or has been either directly or indirectly involved in any pending or previous litigation, dispute or breach of contract with DIAL or GMR airport or AAI which would prejudicially impact the performance in relation to the Definitive Document that may be executed for the implementation of the Project.
  • A person otherwise disqualified from participating in the bidding process.
  • A person (including its promoters, directors, partners, beneficial owners or senior management or Affiliates) who is or has been
    • convicted in any criminal cases and/or any pending enquiry under the Foreign Exchange Management Act, 1999 (as amended and supplemented from time to time) or any other financial fraud and/or irregularities or tax evasion;
    • either directly or indirectly involved in any pending or previous litigation, dispute or breach of contract with DIAL or GMR Group/ AAI which would prejudicially impact the performance in relation to the Definitive Document that may be executed/issued for the implementation of the Project;
    • has materially breached its obligations under any past and/or existing agreement(s) with DIAL/GMR Entity/AAI; and/or
    • a person otherwise disqualified from participating in the Bidding Process.

The first stage (the “Qualification Stage”) of the Tender Process involves selection of qualified parties (“Qualified Parties”) from amongst the Applicants.

The Qualified Parties shall be eligible for participation in the second stage (the “Tender Stage”) of the Tender Process comprising of the request for proposals (the “RFP”). The Applicants shall purchase the RFP from the https:// dial.XXXX.XXXX.com

RFQ Process:

Parties interested, having valid statutory registrations, capable of undertaking the Works, with the relevant experience and resources on terms and conditions stipulated in this RFQ and desiring to qualify to participate in the Tender Process (“Interested Parties”) are invited to respond to this RFQ evincing their interest.

Interested Parties shall register on e-portal, https:// dial.XXXX.XXXX.com as per the e-tendering instructions provided therein. Interested Parties, successfully registering on the e-portal to participate in the Tender Process (“Applicants”) will be permitted to download this document free of cost.

BROAD SCOPE OF WORKS

The scope of Works under the Package shall comprise of providing all plants, machineries, equipment, manpower and other related resources for successful site construction sequencing & planning, site design, procurement, testing of materials, construction, testing & commissioning of the works within the stipulated completion time as stated above. The scope will also include preparation of as built drawings, stakeholder and interface management and documentation including obtaining approvals from the statutory / government agencies / DIAL and shall include all works including related and temporary works as may be required.

The detailed scope of Works shall be provided in the RFP during the Tender Stage.

Key Dates of RFQ

Description Details
Last Date of seeking clarifications xx-xx-xxxx
DIAL response/ clarifications (If any) xx-xx-xxxx
Date & Time of Submission of RFQ xx-xx-xxxx

ELIGIBLE APLLICANTS

The Applicants shall be eligible to participate in the Tender Process, if they fulfill all the following criteria :

General

Applicant shall be a company incorporated under the applicable law of the country of incorporation as well as country of delivery.

In case an Applicant:

  • is a wholly owned Indian subsidiary of a foreign company and submits credentials of its parent company for the purpose of this RFQ, then such Applicant and the submitted credentials shall be considered subject to such foreign company providing a parent company guarantee in favour of DIAL guaranteeing the performance of its Indian subsidiary (the Applicant) for 100% (one hundred percent) of the contract value, in case such Applicant is selected as the contractor.
  • is a foreign company and plans to execute the contract by incorporating an Indian subsidiary of its own, then such Indian subsidiary shall be a wholly owned subsidiary and the foreign company shall be required to provide a parent company guarantee in favour of DIAL guaranteeing the performance of its Indian subsidiary for 100% (one hundred percent) of the contract value.
  • is a foreign company and plans to establish project office for the purpose of executing Works, then they are permitted subject to following all statutory and regulatory permissions required under the applicable laws (including from the Reserve Bank of India (“RBI”) under the Foreign Exchange Management Act, 1999 etc.);

An Applicant may submit its application, relying on the credentials of its wholly owned subsidiary or its holding company provided that the subsidiary’s and/or holding company’s main business is construction of infrastructure projects. If an Applicant, which has relied on the credentials of its wholly owned subsidiary or its holding company to satisfy the technical criteria or the financial criteria, as the case may be, is selected as the contractor, then DIAL may, at its discretion, require such wholly owned subsidiary or holding company to furnish appropriate guarantees and/or undertakings and/or support as required by DIAL.

The Applicants shall not normally be entitled to subcontract their obligations with respect to the Works except in accordance with the subcontracting strategy and management plan mutually agreed with DIAL during the Tender Stage for specialized works, if the Applicant is selected as the contractor.

The Applicant shall obtain and maintain all permits, licenses, approvals and no-objection certificates for complying with all applicable laws, orders, regulations or other instructions issued by all statutory/relevant authorities for the purposes of participating in the Tender Process.

The Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the Tender Process. Any Applicant found to have a Conflict of Interest shall be disqualified. An Applicant shall be deemed to have a Conflict of Interest affecting the Tender Process if:

  • Applicant receives, has received, or has entered into an agreement to receive, any direct or indirect subsidy, grant, concessional loan, or subordinated debt to or from any other Applicant, or has provided or has entered into an agreement to provide any such subsidy, grant, concessional loan or subordinated debt to any other Applicant.
  • Applicant has the same legal representative for purposes of an application under this RFQ process as any other Applicant.
  • Applicant has a relationship with another Applicant, directly or indirectly or through a common third party/parties, that puts either or both of them in a position to have access to each other’s information, or to influence the application of either or each other.

Control in respect of a person means the beneficial ownership, directly or indirectly of 50% (fifty percent) or more than 50% (fifty percent) of the voting shares or securities of an entity or the power to control the majority of the composition of the board of directors of such entity or the power to direct the management or policies of such entity by contract or otherwise.

Applicant’s Information

An Applicant will be evaluated for shortlisting to participate in the Tender Stage by DIAL based on the information provided in its response to the RFQ and if it fulfills all the following requirements:

Financial Criteria as per Form II:

    • Turnover:
    • Average annual financial turnover from construction business, certified by Applicant’s statutory auditor, in construction works in India or overseas, for the last 3 (three) Financial Years (defined hereinafter), preceding the date of submission of the response to this RFQ (the “Submission Date”) should not be less than:
    • (i) INR 300,00,00,000 (Rupees Three Hundred Crores only)
    • The Applicant shall provide turnover figures for the previous 3 (three) Financial Years preceding the Submission Date in Form II of this RFQ. The financial data in the prescribed format shall be certified by the Applicant’s statutory auditor with his stamp and signature in original with membership number.
    • Submission must be accompanied by the audited P&L Statement / balance sheets/annual reports of the Applicant for the last 3 (three) Financial Years.
    • Net Worth:
    • Net Worth (defined hereinafter), certified by Applicant’s statutory auditor, which shall be more than INR 100,00,00,000 (Rupees One Hundred Crores only) for the last Financial Year preceding the Submission Date. Net Worth shall mean the aggregate of subscribed and paid-up equity and reserves after deducting the sum of revaluation reserves, miscellaneous expenditure not written off and reserves not available for distribution to equity shareholders (“Net Worth”).
    • Liquid Resources:
    • Minimum accessible/available financial resources, either (1) liquid resources (cash and bank balance) or (2) combination of liquid resources (cash and bank balance) and balance undrawn overdraft to be sufficient to meet INR 40,00,00,000 (Rupees Forty Crores only). The same should be supported by Applicant’s statutory auditor’s certificate/letter of works from bankers on undrawn limits as applicable, as on the date 7 (seven) days prior to the Submission Date.
    • Profitability:
    • The Applicant shall have achieved positive Profit After Tax (PAT) during each of the last 3 (three) Financial Years preceding the Submission Date.
    • The financial data in the prescribed format shall be certified by the Applicant’s statutory auditor with his stamp and signature in original with membership number.
    • Average monthly turnover:
    • The Applicant should have achieved average monthly financial progress of at least INR 15,00,00,000 (Rupees Fifteen Crores only) per month in any single construction work (not necessarily similar work), during the last 7 (seven) years preceding the Submission Date. Documentary evidence in this regard to be certified by the Applicant’s statutory auditor with his stamp and signature in original with membership number
    • The Applicant should not have applied for any debt restructuring under the Prudential Framework for Resolution of Stressed Assets issued by RBI on June 7, 2019 bearing reference number RBI/2018-19/203 DBR.No.BP.BC.45/21.04.048/2018-19, as amended/ replaced from time to time, or any applicable law in the last 3 (three) years preceding the Submission Date. A self-declaration in this regard shall be submitted by the Applicant.
    • Notes:
    • For the purposes of evaluation of the information provided under this Clause 4.2, the conversional rate for foreign currency to INR shall be RBI published recent exchange rates as on date 15th February 2023.
    • “Financial Year”, for a year in consideration, shall mean the financial year followed by the Applicant in its ordinary course of business.

Technical Criteria as per Form III:

Site Engineering, Procurement and Construction of Runway & Taxiways and other associated works

(i) The Applicant shall have, in the last 7 (seven) years preceding the Submission Date, as a prime contractor Satisfactorily Completed (defined hereinafter):

  • 2 (two) Similar Works (defined hereinafter) each costing not less than INR 30,00,00,000 (Rupees Thirty Crores only).

OR

  • 1 (one) Similar Work costing not less than INR 50,00,00,000 (Rupees Fifty Crores only).
  • Similar Works means construction or Reconstruction/Redevelopment of Runways, Taxiways of minimum of Code 4E standards and along with its taxiways and Air Field Ground Lighting of Category III through Site Engineering Procurement and Construction basis under a single agreement (“Similar Works”).
  • The value of work shall be brought to current costing level by enhancing the actual value work at simple rate of 7% (seven percent) per annum.

AND

  • Satisfactorily Completed/ongoing construction at least 50% (fifty percent completion) construction of 1 (one) airport Runway of Code -E. The Applicant shall submit all the documentary evidence of the assets performance and details.
  • Must have setup or collaborated to set up hot mix asphalt plant of minimum 200MT per hour capacity as per latest Environment Act and fully certified by the statutory authority. The total number of hot mix plant shall not be less than two in Delhi NCR region.
  • The applicant must submit a written consent along with other documentation as required in this RFQ that he will set up atleast one plant of minimum 200 MT/per hour capacity in the airport premise or within 15 Km radius from the IGI Airport following all the environmental rules and regulations within 30 days from the date of receipt of PO when selected through competitive bidding for the said works

The projects of above description and contract price thresholds are hereinafter referred to as the “Eligible Projects”.

Satisfactorily Completed”: A work is said to be satisfactorily completed when it conforms to the acceptable levels of specified specifications and when the work is completed within the original or extended completion period, without levy of abnormal liquidated damages for delay on the part of the contractor. The certificate of satisfactory completion issued by the concerned employer clearly indicating the nature/scope of work of the claiming member, actual completion cost, start and completion date, is to be provided to DIAL. 50% (fifty percent) completion shall mean that the approved billing for the project has reached 50% (fifty percent) of the agreed contract value.

Design Capability: Though the project shall be executed on Procurement and Construction basis the Applicant must have in-house design team. The Applicant shall submit documentary evidence in this regard.

Additional Information

The Applicant is required to provide the following information as per Form IV of this RFQ:

(a) List of manpower / technical expertise (for engineering design and construction of Works) the applicant possesses and is able to deploy for the Works.

(b) List of equipment / machinery (for engineering design and construction of Works) the applicant possesses and is able to deploy for the Works.

(c) Details of any blacklisting in the 5 (five) years preceding the Submission Date, if any, or ongoing process of blacklisting if any, under any contract with entities of Government of India or any state government/ any public private partnership project, or any other government/ statutory body in any other country.

(d) Details of any petition filed or currently in process against it before NCLT under the Insolvency and Bankruptcy Code, 2016 or any other similar petition for insolvency filed under any other jurisdiction.

(e) Litigation History and Pending Litigations: The Applicants shall provide information on any history of litigation or arbitration as per Form V of this RFQ:

  • Litigations or arbitrations in respect of any engineering procurement and construction contracts executed or in progress in the past 5 (five) years or any claims made on any bank guarantees or corporate guarantee provided by the Applicant.
  • Details of any pending and ongoing litigations or arbitrations against any private or government/public sector client.
  • Pending investigations or proceedings in respect of any money laundering, corruption or anti-bribery laws.
  • Any other litigation or arbitration affecting this Airport project.

Without prejudice to the provisions of Clause 4.2 and other related clauses, DIAL reserves the right to shortlist or to reject the response to RFQ of the Applicant(s) based on DIAL’s own assessment and understanding of the capability of the Applicants vis-à-vis project requirements without assigning any clarifications to any Applicants.

Short-listing of Applicants:

The Applicant’s qualification and experience along with financial capability shall be the basis of short listing the applicants

The response to the RFQ shall be duly signed (all pages of submitted document) by the authorized signatory of the Applicant.

OTHER CONDITIONS

DIAL reserves the right to accept or reject any or all response to this RFQ without assigning any reasons and is not obliged to correspond with the Applicants in this regard. Further, DIAL reserves the right to change and/or cancel the pre-qualification and Tender Process and/or review/revise the pre-qualification criteria at any time without prior notice or without assigning any reasons whatsoever, and this shall be without prejudice to its right to re-tender at any time in the future and in such case, no Applicant/intending Applicant shall have any claim arising out of such action and DIAL shall not be liable in any way to the Applicant including for non- acceptance, cancelation or rejection.

DIAL reserves the right to issue substitution, corrigendum, amendments to this document by issue of an addendum, at any stage, without any liability or obligation for such invitation and without assigning any reason. This RFQ does not give rise to any rights in rem and is not an offer or an invitation to offer.

DIAL reserves the right to visit and/or inspect the site of Eligible Projects Satisfactorily Completed, as intimated by the Applicants in Form III, in order to satisfy itself in relation to compliance of the technical criterion stated in this document. The Applicant shall extend all necessary support to DIAL and its representatives to enable it to complete for the abovementioned visit and / or inspection in a time bound manner.

Submission of the response to this RFQ by Applicants, pursuant to the RFQ, shall be an acceptance of all the terms and conditions of this RFQ by the Applicant and no claims or disputes raised by it during or after the award process shall be entertained by DIAL.

All documents and other information supplied by DIAL or submitted by an Applicant to DIAL shall remain or become the property of DIAL. DIAL shall not be liable to return any application or any information provided along therewith.

The Applicants shall be solely responsible for and bear all costs associated with the preparation and submission of its response to this RFQ. DIAL shall in no case be responsible or liable for these costs, regardless of the conduct or outcome of the Tender Process.

Laws of the Republic of India shall be applicable to the Tender Process. The courts at Delhi shall have exclusive jurisdiction in relation to any disputes relating to or arising out of this RFQ.

The Applicant or each member of Consortium shall comply with laws and regulations of India.

CLARIFICATIONS

Applicants requiring any clarification on this RFQ may notify DIAL by e-mail as specified in the address for communication. DIAL shall endeavour to respond to the queries prior to the Submission Date. DIAL reserves the right not to respond to any question or provide any clarification, in its sole discretion, and nothing in this RFQ shall be taken or read as compelling or requiring DIAL to respond to any question or to provide any clarification and DIAL shall not be held liable in any way for not having responded to the queries/clarifications of the Applicant/s.

DIAL may also on its own motion, if deemed necessary, issue interpretations and clarifications and may extend the Submission Date through an appropriate notification on its website. All clarifications and interpretations issued by DIAL shall be deemed to be a part of this RFQ. Verbal clarifications and information given by DIAL or its employees or representatives shall not in any way or manner be binding on DIAL.

To assist in the evaluation of the Applicants, DIAL may hold discussions with the Applicants. The Applicant would be required to make a detailed presentation on the capabilities of the Applicant including: (i) past experience of the firm in having carried out similar type of works, (ii) organization and experts available in the firm for similar works (iii) resources available with firm to undertake similar works and high level understanding of said airport project execution, (iv) health and safety policy of the firm and (v) Applicant’s broad approach and methodology for the proposed Work. The exact meeting details including the dates would be indicated subsequently in due course of time. The Applicant would be required to submit a soft copy of the presentation to DIAL prior to date of such discussion.

DIAL reserves the right to call for additional documents/information in a form and manner to be specified. Such documents/information shall be provided within the time specified by DIAL for this purpose.

The response to this RFQ shall contain complete and all information sought in the RFQ and DIAL shall be the sole judge of whether such information / document is complete or not. DIAL shall neither be obliged to seek clarifications nor be liable in any way, if information is not provided by the Applicant.

Answers to the queries/clarifications sought by one Applicant shall be shared with all the Applicants.

RESPONSE TO RFQ: SUBMISSIONS AND COMMUNICATION

The response to this RFQ shall be submitted with the above particulars, supported by documentary evidence and shall include the following:

A covering letter on the letter head of the Applicant stating its:

  • intent to participate in the Tender Process.
  • unconditional acceptance of the terms and conditions of the Tender Process; and
  • eligibility against each of the eligibility criteria.

Detailed Applicant’s profile and capability – Detailed project documentation clearly enumerating the projects completed, including but not limited to client certification, description of role and responsibility, and works executed, schedule/actual start and end date, budgeted and actual cost of the project, etc.

General Information as per attached Form I: General Information.

The power of attorney (“POA”)/board resolution duly notarized and legalized (apostille) (refer to notes in Form I).

  • POA and board resolution of nominating the authorized representative of the applicant.

P&L Account / Balance sheets/annual reports for the last 3 (three) Financial Years preceding the Submission Date. In the event financial year Applicant has ended on or after 31 December 2022, then for the period post the last audited financial statement, such Applicant will be required to provide the unaudited financial statements of the Applicant until 7 (seven) days prior to the Submission Date, certified as true and correct by the Applicant’s directors and/or chartered accountant.

Share holding pattern.

Organization structure, details of technically skilled manpower to be deployed for the execution of the Works stipulated under the RFQ.

Copy of PAN Card, registration under goods and services tax, service tax registration number, Applicant’s registration certificate, articles of association and any other statutory documents [or any equivalent documents for overseas Applicants].

Bank solvency certificate.

Details of current ongoing contract commitments.

Upload duly signed RFQ document and correspondences, addendums/corrigendum issued by DIAL from time to time in relation to the subject RFQ, as a token of receipt and acceptance of all the information shared by DIAL with respect to this RFQ.

Based on the details furnished in the response to this RFQ, DIAL will shortlist the qualified Applicants and will notify the same to such Applicants.

Submission Date of response to this RFQ shall be on or before IST [17:00] hours on the date mentioned earlier in this document. Applicants shall make their submission online through [●] e-portal https://XXXXXXX.XXXXXX.Com (DIAL procurement portal ARIBA)

Applicants shall also submit the hard copy of the technical documents pertaining to the proposal as uploaded on e-portal in a sealed envelope along with an original power of attorney for authorised representative at the address mentioned in Clause 7.5 below. The hard copy shall reach the registered address within 48 (forty eight) hours from the Submission Date. Any document received afterwards will not be accepted. [If the hard copies of such technical documents are not received for any Applicant, their bid proposals will not be considered responsive and shall be rejected.] DIAL reserves the right to reject the bid by an Applicant, if the hard copies of the technical documents do not correspond with the technical documents submitted by such Applicant on the e-portal. This envelope shall clearly bear the following identification:

Submission of Technical Documents pertaining to the bid in connection with Request for Qualification for Selection of Site Engineering, Procurement and Construction Contractor for Re-construction of Runway System 10/28 and its Associated taxiways and shall clearly indicate the name and address of the Applicant. If the envelope is not sealed and marked as instructed above, DIAL assumes no responsibility for the misplacement or premature opening of the contents of the submitted envelope and consequent losses, if any, suffered by the Applicant.

The response to this RFQ and subsequent communications shall be submitted in English only. In the event any supporting documents are in a language other than English, a translation of the same certified by an official/registered translator shall be provided. In the event of any conflict, the English translation shall prevail.

Address for Communication:

Delhi International Airport Ltd

New Udaan Bhawan

Near Terminal 3

New Delhi 110047

Email: DIALProcurement@XXXXXXXXXXXX

e-Portal: https://XXXXXXXXXXX.com

It is mandatory for all the Applicants to have class-III Digital Signature Certificate (“DSC”) (in the name of authorized signatory / firm or organization / owner of the firm or organization) from any of the licensed certifying agency to participate in e-tendering.

DSC should be in the name of the authorized signatory as authorized in POA.

AUTHORIZED SIGNATORY

The response to this RFQ submitted by an Applicant shall comply with the eligibility criterion in accordance with Clause 7 above and shall be duly signed by the authorized signatory of the Applicant.

Delhi International Airport Limited

“RESPONSE TO RFQ”

Form I: General Information

S. No. Information/Documents Required Applicant’s Information
1. Applicant’s registered name, year of constitution and registered office address
2. Certified true copy of Applicant’s constitutional documents such as, Certificate of Incorporation/ Articles of Association and Memorandum of Association/ partnership deed etc. as applicable
3. Details of Applicant’s authorized representative (name, address, telephone numbers, fax numbers, e-mail address)
4. Certified copy of board resolution/power of attorney in favour of authorized representative authorizing him/her to sign and submit the response to this RFQ

Note:

1. Please provide a certified true copy of the constitutional documents of the Applicant.

2. Please provide board resolution/power of attorney in favor of the authorized representative authorizing him/her to submit the response to this RFQ.

3. Please provide organization chart and list of board of directors and shareholding pattern

4. The Applicant shall fill and submit this Form I for itself and for its parent company separately (except s.no. 4 above) if the Applicant uses its parent company’s credentials for the purpose of this RFQ.

5. DIAL reserves the right to ask any additional information/documents.

For and on behalf of …………

[Name of the Applicant/Name of Authorized Representative]

Designation:

Date:

Company Seal:

Form II:

Financial Information of the Applicant

Financial Information in INR Historical Information for previous 3 (three) Financial Years
Year FY 2020-21 FY 2021-22 FY 2022-23
Information from Balance sheet
Net Worth
Liquid Resources
Information from Income Statement
Total Revenue
Average Annual Turnover
Profit Before Taxes
Profit After Taxes

Note:

1. Please attach audited financial accounts of the Applicant (and affiliates, if applicable) for the last 3 (three) Financial Years preceding the Submission Date.

2. Net Worth shall mean the aggregate of subscribed and paid up equity and reserves after deducting the sum of revaluation reserves, miscellaneous expenditure not written off and reserves not available for distribution to equity shareholders.

3. Contents of this Form shall be certified by the statutory auditor of the Applicant.

4. The conversion rate of all currencies shall be the daily representative exchange rates published by the Reserve Bank of India as on 15 February 2023 (proof of such exchange rate shall be provided by the Applicant).

5. The Applicant utilizing its parent company credentials shall type (*) next to the information furnished and shall provide copies of annual report including audited financial statement for the last 3 (three) Financial Years preceding the Submission Date.

Form III: Experience Statement - Technical Criteria

Project: Site Engineering, Procurement and Re-Construction of Runway 10/28 and its Associated Taxiways.

In the last 7 (seven) years preceding the Submission Date, the Applicant shall have:

(a) One Similar Project of value not less than INR 50 ,00,00,000 (Rupees Fifty Crores only)

Form III - Table 1

Sr. No. Name of the Projects Project Description Description of Scope of Applicant Owner Name, Address, Representative and Contact No. Start Date and Date of Completion Value of Applicants Scope of Works Reference certificate Page No. in response to this RFQ Whether the work was done on back to back basis (Yes/No)

(b) Two Similar Projects of value of each not less than INR 30,00,00,000 (Rupees Thirty Crores only)

Form III - Table 2

Sr. No. Name of the Projects Project Description Description of Scope of Applicant Owner Name, Address, Representative and Contact No. Start Date and Date of Completion Value of Applicants Scope of Works Reference certificate Page No. in response to this RFQ Whether the work was done on back to back basis (Yes/No)

(c) Satisfactorily Completed/Ongoing Re-Construction (at least 50% (fifty percent) completion) of One airport Runway of Code E along with AGL

Form III - Table 3

Sr. No. Name of the Projects Project Description Description of Scope of Applicant Owner Name, Address, Representative and Contact No. Start Date and Date of Completion Value of Applicants Scope of Works Reference certificate Page No. in response to this RFQ Whether the work was done on back to back basis (Yes/No)

Note:

Certified true copies of the completion certificate issued by the infrastructure owner/prime contractor to be provided shall be duly notarized.

(d) Plant and Machinery

The applicant must have sufficient number of construction plant and machineries maintained in excellent condition and completely owned by them to carry out successfully the construction activities within the stipulated time as mentioned in this RFQ document. List of such equipment must be produced as per table Form III – Table 4. The Applicant shall also produce list of equipment as per Form III – Table 5 that he will deploy at site in the event of being successful in the tendering process.

List of Plant & Machinery Owned by the Applicant

Form III - Table 4

Sr. No. Description of Equipment Number of Equipment Owned by the Applicant (Yes /No) Year of Purchase Physical condition (Excellent /Satisfactory)

List of Plant & Machinery will be deployed by the Applicant

Form III - Table 5

Sr. No. Description of Equipment Number of Equipment Owned by the Applicant (Yes /No) Year of Purchase Physical condition (Excellent /Satisfactory)

Form IV: Additional Information

1. Any petition under Insolvency and Bankruptcy Code, 2016 or any other petition for insolvency filed under any other jurisdiction

Form IV – Table 1

Description Year of Filing/Admitting Details
Insolvency

2. In the 5 (five) years preceding the Submission Date, backlisting or ongoing process of blacklisting, if any, with the government or any statutory body in any country:

Form IV – Table 2

Description of Project Period of blacklisting Reasons Authority

3. Litigation History of the Applicant

Litigations or arbitrations in respect of any contracts executed or in progress in the past 5 (five) years preceding the Submission Date:

Form IV – Table 3

Date/Year of dispute Party who initiated the dispute Name of counterparty, address, contact details Main claims and counterclaims and amount thereof Court/arbitration tribunal and rules (where relevant) Current Status of dispute If any, the amount awarded to the Applicant/counterparty OR whether the dispute was settled

Termination of any projects:

Form IV – Table 4

Description of Project Year of Termination Reasons Liquidated Damages (if any)

Details of invocation of bank guarantee/ corporate guarantee / any other guarantee in the past 5 years:

Form IV – Table 5

Name of counterparty Name of Project Value of invocation Date of invocation Reason for invocation Any other information

Pending investigations or proceedings in respect of any money-laundering, corruption, anti-bribery laws:

Form IV – Table 6

Name of the statutory / financial agency Nature of investigation Current status of investigation / Court ruling Value of claim / dispute

Note:

1. DIAL reserves the right to accept or to reject the response to this RFQ of the Applicants based on DIAL’s assessment of the information provided.

2. The Applicant utilizing its parent company credentials shall type (*) next to the information furnished.

Form V: Covering Letter - Response to the RFQ

To,

Delhi International Airport Limited,

[Insert Address]

Attention: [___]

Sub: Response to the Request for Qualification [RFQ] dated ……….. for carrying out Site Engineering, Procurement and Construction of Runway and its Associated Taxiways at Delhi International Airport, Delhi, India (“Project”).

Dear Sir,

  • With reference to your expression of interest document dated ……….. (the “RFQ”), we, having examined the RFQ document and understood its contents, hereby submit our response to RFQ (the “Response to RFQ”) for the aforesaid Project. The Response to RFQ is unconditional and complete
  • We acknowledge that DIAL will be relying on the information provided in the Response to RFQ and the documents accompanying such Response to RFQ of the Applicants for the Project, and we certify that all information provided in the Response to RFQ and in Annexes is true and correct; nothing has been omitted which renders such information misleading; and all documents accompanying such Response to RFQ are true copies of their respective originals.
  • This statement is made for the express purpose of shortlisting as a prospective tenderer for the aforesaid Project.
  • We shall make available to DIAL any additional information it may find necessary or require supplementing or authenticate the information provided in this Response to RFQ.
  • We acknowledge the right of DIAL to reject our Response to RFQ without assigning any reason or otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to challenge the same on any account whatsoever.
  • Notwithstanding any qualifications or conditions, whether implied or otherwise, contained in our Response, we hereby agree and undertake to keep this Response valid and open for acceptance without unilaterally varying or amending its terms for the period, including any extended period, stated in the RFQ.
  • We declare that we have not been declared ineligible for corrupt, fraudulent, collusive, coercive or obstructive practices in any bid process and have not been black-listed by the governmental instrumentalities or DIAL.
  • DIAL and its authorized representatives are hereby authorized to conduct any inquiries or investigations to verify the statements, documents, and information submitted in connection with this Response, and to seek clarifications from our advisors and clients regarding any financial and technical aspects. This letter will also serve as authorization to any individual or authorized representative of any entity referred to in the supporting information, to provide such information deemed necessary and requested by you to verify statements and information provided in this RFQ, or with regard to our resources, experience, and competence.
  • In case the documents submitted by us along with the Response are found inadequate/false/incorrect, our Response will be liable to be rejected by DIAL without assigning any reasons therefor. In addition, DIAL reserves its right to debar us from participation in any further tenders of DIAL.
  • We declare that we have examined and have no reservations to the RFQ document, including any Corrigendum / Addendum issued by DIAL.
  • We undertake that we have not applied for any debt restructuring under the applicable laws during last 3 (three) years.
  • We understand that DIAL may cancel the Tender Process at any time and that DIAL are neither bound to accept any response to RFQ that you may receive nor to invite the applicants to bid for the Project, without incurring any liability to the Applicants, in accordance with the RFQ document.
  • We hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by DIAL in connection with the shortlisting of Applicants, selection of the successful Tenderer, or in connection with the Tender Process itself, in respect of the above-mentioned Project and the terms and implementation thereof.
  • We agree and undertake to abide by all the terms and conditions of the RFQ document.

In witness thereof, we submit this Response to RFQ hereunder and in accordance with the terms of the RFQ document.

Yours faithfully,

Date:

(Signature, name and designation of the Authorized Signatory)

FORM VI: Power of Attorney of Authorized Signatory

[on a Stamp Paper of requisite value]

KNOW ALL MEN BY THESE PRESENTS, that [name of the Applicant], having its registered office at [please provide address] and acting through its [please insert designation], [please insert name], hereby, pursuant to its board resolution dated [●], authorise and appoint:

[Name of Authorised Signatory]

[Address]

with the full power of substitution, and as its agent and attorney-in-fact and confer upon such agent and attorney-in-fact, all the powers and authority in the name and on behalf of [name of the Applicant], to do the following acts:

  • To finalise, execute and deliver the response to RFQ and any documents, certificates and details on behalf of [name of the Applicant] with Delhi International Airport Private Limited in response to the RFQ dated [·], issued by Delhi International Airport Private Limited for engineering, procurement and construction of the Works at Delhi International Airport.
  • To make corrections, alterations, execute and sign any documents/certificates and to enter into discussions and negotiations with Delhi International Airport Private Limited, make alterations to any documents, certificates and make commitments and undertakings for the selection of [name of the Application] as the Contractor in response to the RFQ dated [·], issued by Delhi International Airport Pvt. Ltd. for Works.
  • To undertake all such other actions as may be required in furtherance of (i) and (ii) above.

IN WITNESS WHEREOF, I have here unto set my hands, on this [please insert day] day of [●].

By: _______________

Name: [please insert name]

Designation:

Address:

Notary Public

Enclosed: Certified Copy of Extract of Board Resolution dated [●].

Note:

In case of delegation of powers to an authorised signatory by a power of attorney holder, the text of the first paragraph may be suitably amended. In such case, the extract of Board Resolution shall be in respect of such power of attorney holder who is delegating the powers to an authorised signatory.

The Applicant(s) are advised to get any amendment approved by DIAL before execution.

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