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Tender for Licensing of Bare Spaces for Commercial Utilization at INA, Kalindi Kunj & Hauz Khas Metro Stations of Line- 7&Am

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Tender for Licensing of Bare Spaces for Commercial Utilization at INA, Kalindi Kunj & Hauz Khas Metro Stations of Line- 7&Am Delhi Metro Rail Corporation Ltd. A joint venture of Govt. of India and Govt. of Delhi Tender for Licensing of Bare Spaces for commercial utilization at INA, Kalindi Kunj & Hauz Khas Metro Stations of Line- 7& 8 of DMRC (Tender Document) Tender No. 12078001/BS JANUARY 2020 Property Business Wing Metro Bhawan Fire Brigade Lane, Barakhamba Road New Delhi-110001 India TENDER FOR LICENSING OF BARE SPACES AT INA, KALINDI KUNJ & HAUZ KHAS METRO STATIONS OF LINE-7 & 8 Tender for Licensing of Bare Spaces for commercial utilization at INA, Kalindi Kunj & Hauz Khas Metro Stations of Line- 7& 8 of DMRC Tender Document Cost: Rs. 20,000+3,600=Rs.23,600/- as mentioned in NIT and tender document. Tender Document cost is non refundable. Property Business Cell Page 2 of 147 TENDER FOR LICENSING OF BARE SPACES AT INA, KALINDI KUNJ & HAUZ KHAS METRO STATIONS OF LINE-7 & 8 DISCLAIMER I. This Tender Document for “Licensing of Bare Spaces for commercial utilization at INA, Kalindi Kunj & Hauz Khas Metro Stations of Line-7 & 8 of DMRC” contains brief information about the available space, Qualification, Eligibility Requirements and the Selection process for the successful bidder. The purpose of the Tender document is to provide bidders with information to assist the formulation of their bid application (the ‘Bid’). II. The information contained in this Tender Document or subsequently provided to interested parties {the “Bidder(s)}, in writing by or on behalf of Delhi Metro Rail Corporation Ltd. (DMRC Ltd.) is provided to Bidder(s) on the terms and conditions set out in the Tender Document and any other terms and conditions subject to which such information is provided. III. This Tender Document does not purport to contain all the information that each Bidder may require in this regard. This Tender Document has been prepared with a view to provide the relevant information about the said bare spaces available at INA, Kalindi Kunj & Hauz Khas Metro Stations of Line-7 & 8 of DMRC. And each Bidder is advised to conduct their own investigations and analysis and satisfy themselves of the accuracy, reliability and completeness of the information in this Tender Document and to obtain independent advice from appropriate sources for preparation of its bid. DMRC, its employees and advisors make no representation or warranty and shall not be liable in any manner whatsoever to the accuracy, reliability or completeness of the information provided in this Tender Document. IV. Intimation of discrepancies in the Tender Document, if any, may be given before the pre-bid meeting, by the Bidders, to the office of the DMRC. If DMRC receives no written communication, it shall be deemed that the Bidders are satisfied with the information provided in the Tender Document. V. Any character or requirement for the said Bare Spaces, which may be deemed to be necessary by the Bidder should be independently established and verified by the Bidder. VI. This Tender Document is not an agreement and is not an offer or invitation by DMRC to any party. The terms for development of bare Spaces and the right of the successful Bidder shall be as set out in separate agreement executed between DMRC and the successful Bidder, broadly in the format set out herein. VII. DMRC reserves the right to accept or reject any or all Bids without assigning any reasons, thereof. DMRC shall not entertain or be liable for any claim for costs and expenses in relation to the preparation of the documents to be submitted in terms of this Tender Document. Property Business Cell Page 3 of 147 TENDER FOR LICENSING OF BARE SPACES AT INA, KALINDI KUNJ & HAUZ KHAS METRO STATIONS OF LINE-7 & 8 CONTENTS Chapter No. Items Page No. Tender Document for Licensing of Bare Spaces at INA, Kalindi Kunj & Hauz Khas Metro Stations of Line-7 & 8 of DMRC. 1 Introduction 05 2 Notice Inviting Tender (Bid) 06-11 3 Eligibility Criteria For Bidders 12-13 4 Terms and Conditions 14-21 5 Submission & Evaluation of Bids by Bidders 22-28 6 Instructions for online bid submission 29-33 7 Miscellaneous 34 8 Fraud and Corrupt Practices 35-36 9 Definitions 37-39 Tender Document Annexure Annexure-1 Details of Bare Spaces offered for Licensing 40 Annexure-2 Letter Comprising the Bid 41-43 Annexure-3 General Information of the Bidder 44 Annexure-4 Format of Certificate of Statuary Auditor for Eligibility 45 Annexure-5 Power of Attorney of Bidder 46 Annexure-6 Financial Bid 47 Annexure-7 Consortium Agreement/ Memorandum of Understanding 48-50 Annexure-8 Affidavit 51 Annexure-8A Undertaking for not being banned from business 52 Annexure-9 Undertaking of Responsibility 53 Annexure-10 Undertaking for downloaded Tender Document 54 Annexure-11 Details of Bank Account for refund of Tender Security/EMD 55 Annexure-12 Undertaking for dues in other contracts 56 Annexure-13 Undertaking for contract/s with DMRC 57 Annexure-14 List of banned Usage 58 Annexure-15 Draft License Agreement 59-147 Property Business Cell Page 4 of 147 TENDER FOR LICENSING OF BARE SPACES AT INA, KALINDI KUNJ & HAUZ KHAS METRO STATIONS OF LINE-7 & 8 CHAPTER 1 INTRODUCTION 1.1 Delhi Metro Rail Corporation Ltd. (DMRC), a joint venture of the Government of India (GOI) and the Government of the National Capital Territory of Delhi (GNCTD) has completed the Phase I and Phase II of the Delhi Metro and is currently engaged in the final stages of completion of Phase III of the MRTS project. 1.2 As part of its existing mandate Delhi Metro Rail Corporation Ltd. (DMRC) has also undertaken to capture value from real estate in such a manner that on one hand it gives sustainable additional revenue to the corporation, and on the other hand facilitating DMRC commuters by providing one stop solution for most of their needs. It also provides incentive for private sector participant developers. Through this Bid, DMRC intends to select a ‘Licensee’ to take up on ‘License basis’ the bare spaces as mentioned in annexure- 1. 1.3 The offered spaces are ideal for food courts/ restaurants and other commercial usages. One can participate for one schedule, two schedules and all the schedules offered as per their eligibility. The details of the tendered area for licensing are as under: Schedule-1 S/N Name of Station Area in Sqm Location Reserve price in sqm/month (INR) 1 INA 183 Concourse level 320 Schedule-2 S/N Name of Metro Station Approximate Location Reserve Price in area (in sqm) (Sqm/Month)(INR) 1 Kalindi Kunj 138.40 Concourse Level 550 Schedule-3 S/N Name of Metro Station Approximate Location Reserve Price in area (in sqm) (Sqm/Month)(INR) 1 Hauz Khas 352.80 Concourse Level 820 1.4 The information document covering the purpose of the license, details of space available at depot etc. may be downloaded from the website https://eprocure.gov.in/eprocure/app. Property Business Cell Page 5 of 147 TENDER FOR LICENSING OF BARE SPACES AT INA, KALINDI KUNJ & HAUZ KHAS METRO STATIONS OF LINE-7 & 8 CHAPTER 2 NOTICE INVITING TENDER (BID) 2.1. DMRC invites open E-Tenders/bids from suitable Bidders who may be a sole proprietorship firm, a partnership firm or a company having registered office in India & incorporated under the companies act 1956/2013 or a combination of above in the form of Joint Venture (JV) or Consortium for selection of a Licensee to grant Licensing Rights of bare spaces at INA Metro Station of Line-7 and Kalindi Kunj & Hauz Khas Metro Stations in 3 schedules on “as is where is basis” for commercial activities except banned list of usages as detailed in -14. a) The bidder may be any entity which is a sole proprietorship firm, a partnership firm or a company having registered office in India & incorporated under the companies’ act 1956/2013 or a combination of above in the form of Joint Venture (JV) or Consortium. b) Bid by a JV/Consortium of firms: In case of a bid by a JV/Consortium of firms, following shall be abide by the participant/s: i. For the purpose of evaluation of the consortium, each member’s contribution towards the turnover shall be considered in the same ratio of their equity participation in the consortium. Illustration: Say If ‘A’ and ‘B’ are two members of JV/Consortium. ‘A’ is having 70% equity holding in JV and ‘B’ is having 30% equity holding in JV. In such a condition, 70% of A’s turnover and 30% of B’s turnover will be taken for the calculation of eligibility of the JV. ii. The Lead Member of the JV/Consortium shall maintain a minimum equity stake of 51% of the aggregate shareholding of the JV/Consortium during full tenure of License Agreement. iii. Any change in percentage stake of JV/ Consortium members without prior written approval of DMRC shall be treated as Material Breach of Contract and Successful Bidder/ Licensee’s event of default entitling DMRC to encash Interest Free Security Deposit/Performance Guarantee and/or to terminate the License Agreement after a 30 (thirty) days termination notice. iv. Minimum percentage stake of any member in JV/ Consortium during license period (including lock-in period) shall not be less than 15%. v. Partners having less than 26% participation shall be considered as non-substantial partner and shall not be considered for evaluation which means that their eligibility shall not be considered for evaluation of JV/Consortium. vi. All members of such entity shall be jointly and severely liable for the performance of license agreement.
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