PRE-BID QUERIES AND REPLIES Technologies on Design Built ...

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PRE-BID QUERIES AND REPLIES

NAME OF WORK: Empanelment of Agency /Firm for Construction of Housing / Building using Alternate / Rapid construction

Technologies on Design Built bases for Affordable Housing Project in the State of Maharashtra.

Tender Notice No and Date: 01/20-21, date 13/03/2021 Date of Pre-Bid: - 19/03/2021

Time: 15:00 Hrs

Sr.

No. Name of Agency Reference Condition

Clarification

requested

Clarification / Reply by

Department Remarks

1. SPECTRUM

INFRASTRUCTUR

ES

Clause-1/

Page no. 5

Agency/Firm’s eligibility

criteria: Reputed

experienced, technically and

financially sound

companies/firms,

contractors/developers/build

er for Construction of

Houses/Building, who will

submit the following

documents, shall be eligible

to apply. No Joint Ventures

are allowed to participate.

Due, to last year’s

Covid-19 situation

many firms/ agencies

are facing problem of

turn over drop down,

i.e. FY 2019-20 Turn

over drop down. Hence,

we request you to allow

Joint Ventures for this

tender. It helps you to

participate more firms

for empanelment in

your organization.

Joint Venture up to maximum

Two (2) members is allowed.

Related Joint Venture

provisions are incorporated in

Revised EoI attached herewith.

2 (1). RELCON

INFRAPROJECTS

LTD.

Please clarify if the

Housing Project will be

all over Maharashtra or

Mumbai Region.

Housing projects will be all

over Maharashtra.

2(2) What will be the

Security Deposit

criteria and its mode of

payment?

This is being EoI only for

empanelment of construction

agencies/firms only Tender Fee

in form of DD has been sought

as per Detailed Tender Notice at

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Sr.


Clarification

requested


Department Remarks

page no. 1 of Revised EoI.

Also, as this is EoI for


agencies/firms, question of

security deposit does not arise

hence no any kind of security

deposit has been sought through

this EoI.

2(3) Does escalation/Price

variation clause be

applicable

This is being EoI for


agencies/firms, question of

escalation / price variation

clause does not arise.

2(4) As per List of Documents

required to be submitted,

“Average Annual Turnover

related to Building Projects

of a Construction

Agency/Developer/Builder

for last three financial years

(2017-18,18-19,19-2020)

This statement shall be duly

certified by the Chartered

Accountant.

We request you to

consider Average

Annual Turnover for

last Five years (2015-

16,16-17,17-18,18-

19,19-2020)

EoI Condition will prevail. And

same is kept as it is in Revised

EoI.

2(5) As per Expression of

Interest, Agency/Firm’s

Eligibility Criteria point no

03 says ‘’The EOI of

Agency /Firm who have

been debarred from

undertaking any work or

This clause has been revised

and reworded and incorporated

in Revised EoI. However,

condition of submission of

affidavit to this effect on Stamp

Paper of Rs. 500/- duly

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requested


Department Remarks

blacklisted by any

organization /Agency/Firm

in India or abroad as on the

date of submission of EOI,

shall be summarily rejected.

An affidavit of on Rs.500/-

Stamp paper duly notarised

shall be submitted by the

bidder that the company is

not blacklisted from the any

organization or any other

Agency/Firm.

notarised remains the same.

2(6) We request you to

extend the tender

submission date by

further 15 days as the

time provided is not

sufficient.

Last Date of submission has

been extended to 07.04.2021.

For revised EoI Schedule,

please refer Page no. 1 of

Revised EoI.

3 (1) Man

Infraconstruction

Limited

Page

no.05

Point

no.01

Agency /Firm’s Eligibility

Criteria

No joint venture are allowed

to participate

We request client to

allow joint venture of at

least 2 companies.

Please refer Clarification at Sr.

no. 1 of this replies to pre-bid

queries.

3 (2) Page

no.01

Last date of online

submission of EOI

29/03/2021 up to 3.00 PM

We request client to at

least give 10 days

extension


no. 2 (6) of these replies to pre-

bid queries.

3 (3) Page

no.01

Pre-Bid Conference

19/03/2021 at 3.00 P.M At

MHDC Mumbai, Office.

We request client to

make available an

option to attend the pre-



EoI.

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requested


Department Remarks

bid conference online

via video conferencing

due to the COVID-19

pandemic.

4(1) BLG Construction

Services (P) Ltd

Page

no.01

Rs.23,600/-No-Refundable

(Inclusive of GST)

Tender fee should be

exempted for MSME

registered firms.

Exemption for tender fee based

on MSME certificate is

available only for

manufacturing and / or supply

items, and this exemption is not

available for works. Hence, EoI

Condition will prevail.

4 (2) Page

no.05

Point no 1

Reputed, experienced,

technically & financially

sound companies /Firms,

contractors /developers

/builders for construction of

houses /Buildings, who will

be submit following


to apply.No joint venture


Joint Venture between

at least 3 parties should

be allowed.



queries.

4 (3) Page

No.05,

Point

1,Sub

point ii

Agency /Firm should be

Financially sound to execute

& complete the project with

the minimum average

construction turnover during

last Three (3) financial years

of Rs 75 Cr.

Minimum Average

Construction turnover

should be Rs. 50 Cr.

during last Three

financial years.



in Revised EoI. Now as per

Revised EoI minimum average

construction turnover during

last Three (3) financial years of

Rs 55 Cr.

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requested


Department Remarks

4(4) Page

no.07

Point 5

The MHDC shall invite

financial bid on project to

project basis from the

empanelled Agency /Firm

during the validity of their

empanelment. (365 days

from date of publication of

Empanelment list)

Validity of

Empanelment should be

at least for 3 years

As of now decision of the

validity of empanelment is for

365 days from the date of issue

of Empanelment letter.

However, this decision may be

revisited during the

empanelment period. Hence as

of now EoI condition will

prevail.

4(5) Page

No.08

Table 2

General List of Minimum

Construction equipment

required for category 4

is not given.



in Revised EoI.

4(6) Page No.6,

Point 1,

Sub point

vi

The approved alternate

/rapid construction

innovative

technology/system must

have been used at least once

in residential project in

India. The Agency /Firm

shall have to submit

completion certificate of at

least of one building in

India given by client. The

Agency /Firm should have

completed at least 55,000

sqm of Built up area in

India.

Conventional building

should be allowed with

50,000sqm of

completed Built up

area.

This clause is applicable only

for approved alternate / rapid

construction innovative

technology/ system, if agency

/firm has experience of the

same.

However, for Conventional

technology also the agency

/firm must have completed

building projects of BUA as

stipulated in Sr. no 4 of Table -

4 of Revised EoI, during last 7

years. Please refer Clause B.1.

vi. of Revised EoI.

4(7) Page Reputed, experienced,

technically & financially

Joint Venture between

at least 3 parties should



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requested


Department Remarks

no.05

Point no 1

sound companies /Firms,

contractors /developers

/builders for construction of

houses /Buildings, who will

be submit following


to apply. No joint venture


be allowed. queries.

5(1) SHARDA

Construction &

Corporation Pvt.

Ltd.

Hard Copy submission

of Demand Draft and

Tender Documents

should be within 72

Hours after bid due

date.

These EoI conditions will

prevail.

Please refer Revised EoI pg.

no. 2, Note sr. no. 2, 6 and 9.

5(2) Labor Lenience’s Will

be Submitted After

Tender Allowed.

Please refer Revised EoI

Clause A.7 pg. no. 3 which is

same as that of floated EoI and

which is self-explanatory and

this will prevail.

5(3) As per Criteria the

minimum BUA Built

Up Area should be

20,000 Sqm



in Revised EoI. Please refer

Table -1 of Revised EoI for the

minimum criteria for

Empanelment of Agency / Firm.

5(4) Technology approved

to be used in

construction shall be



EoI.

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requested


Department Remarks

certified by PWD.

5 (5) Additional experience

with BUA not less 2000

Sqm



EoI.

5(6) Form -B should be

signed by bidder &

confirmation should be

taken from department

after submission.



EoI.

5 (7) Please Allowed Joint

Venture



queries.

6(1)

(i)

B. G. SHIRKE

CONSTRUCTION

TECHNOLOGY

PVT. LTD.

Para No.

1,

Page -1

Maharashtra Housing

Development Corporation

Limited

(MHDC) invites Expression

of Interest (EoI) from

reputed,

experienced, Technically &

Financially Sound

Companies/

Firms/ Contractors /

Developers / Builders

(hereafter called

Agency /Firm)

We have noted that

Builders / Developers

are also eligible to

apply for this EOI in

this context we wish to

bring to your

notice the following:

• Most of the Builders /

developers get their

projects

executed through

subcontracting or on

back-to-back

basis.



EoI.

Cl. No. 1, Reputed, experienced,

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Sr.


Clarification

requested


Department Remarks

Page -5 technically and financially

sound

companies / firms,

contractors / developers /

builders for

Construction of Houses /

Buildings, who will be

submit

following documents, shall

be eligible to apply.

• They do not have their

own resources in

manpower,

machinery, technology

etc.

• Builder / Developer’s

Turnover is generated

through

sale of properties / flats

and hence not a true

indication of purely

cost of construction as

in

contracting business.

• Even the start &

completion dates as

well as BUA of

project too will be in

dispute in absence of

project

specific LOI/ WO/

completion certificate

and can be

ascertained only from

commencement and

occupancy certificate

Table - 5,

Sr.

No. 5 &

Sr. A,

3 on Page

No.13

Average Annual Turnover


of a

construction agency /

Developer / Builder for the

last three

consecutive financial years

(2017-18, 2018-19, 2019-

20).


certified by Chartered

Accountant.

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requested


Department Remarks

issued by statutory

authorities.

In view of above we

request you to either

disallow

participation of

Builders / Developers

or make suitable

provisions in the EOI

documents to ensure

that agencies

with genuine first-hand

experience and having

the necessary

manpower and

machinery resources are

shortlisted.

Therefore, Builders /

Developers / Agencies

claiming

experience of Non-

Govt. project must be

insisted to submit

Commencement

Certificate, Occupancy

Certificate, layouts

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requested


Department Remarks

etc sanctioned by

statutory authorities in

support of Start

date, Completion date

and BUA.

Cl. No. 1)

iii)

page 5


well experienced having

successfully completed

building works as a prime

contractor as per criteria

mentioned in Table – 1.

As per standard practice

for shortlisting of

agencies for an

EPC project, the

following works are not

considered as eligible

experience:

• works executed on

BOT/ PPP basis.

• works executed for

their own group

company /

subsidiary / sister

concerns

• work executed on

back-to-back basis

through another

contractor

Therefore, it is

presumed that such

works shall not be



EoI.

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requested


Department Remarks

considered for

qualification for this

EOI. Please confirm.

6(2)

(i)

Para No.

1,

Page -1

Cl. No. 1,

Page No. 3

Maharashtra Housing


Limited



reputed,


Financially Sound

Companies/



(hereafter called

Agency /Firm) for

empanelment for

construction of

houses/buildings ranging

from single storied to multi

storied

using Conventional or

Alternative / Innovative /

Rapid

construction technologies on

Design and Built basis. ….

As per the EOI

Document the works

are to be executed on

‘Design Built Basis’.

Also, the clause rightly

mentions that the

Agency should have

experience of design

and construction.

However, it is noticed

that nowhere in the

document,

parameters in respect of

‘Design and Build’

expertise of the

applicant are spelt out.

It is desirable that the

requirements

towards ‘Design Team’

of agency and ‘Design-

Build’

experience is specified

in the eligibility criteria



EoI.

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Clarification

requested


Department Remarks

Interested Agency / Firm

having experience of design

and

construction using

Conventional / approved

alternate / rapid

construction technology/ies

shall upload their

Expression of

Interest.

and marking

system.

In view of above the

definition of ‘Eligible

works’ stated vide

Cl. No. iii on page 5-6

and eligibility

conditions pertaining to

experience in

residential Building

projects using

Alternative

/Innovative/Rapid

construction

technologies stated vide

Cl.

No. vi on page 6, Sr.

No 4, 5.a. & 5.b. on

page 10-11 of

Table 4 & Sr. No. 2, 3,

4 & 6 on page 12-13 of

Table -5 may

be suitably modified to

include experience of

“Design and

construction” as

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requested


Department Remarks

essential instead of just

“Construction” for

evaluation.

The relevant clauses to

be modified are given

below:

6(2)

(ii)

Cl. No. iii

on

page 5-6

(*Eligible works means

“Construction of RCC

buildings /

buildings with approved

BMTPC technology of

minimum

G.F./Still+2 floors and

above. RCC buildings

include

residential buildings or

business buildings or office

buildings

or educational building or

institutional buildings”).


“Design & Construction

of RCC

buildings / buildings

with approved BMTPC

technology of

minimum G.F./Still+2

floors and above. RCC

buildings

include residential

buildings or business

buildings or office

buildings or educational

building or institutional

buildings”).

The approved alternate

/ rapid construction

innovative




EoI.

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requested


Department Remarks

Cl. No. vi

on

page 6,

The approved alternate /

rapid construction

innovative


have been used at least once

in

residential project in India.

The Agency /Firm shall

have to

submit completion

certificate of at least of one

building in

India given by client. The

Agency /Firm should have

completed at least 55,000

Sqm of built up area in

India.

have been used at least

once in

residential project in

India. The Agency

/Firm shall have to

submit completion

certificate of at least of

one building

executed on Design and

Build basis in India

given by client.

The Agency /Firm

should have completed

at least 55,000

Sqm of built-up area in

India.

6(2)

(iii)

Sr. No 4,

5.a.

& 5.b. on

page

10-11 of

Table

4. Experience in Building

works Annual average BUA

using

approved

Conventional/alternate /

rapid construction

Technology building works

4. Experience in

Building works Annual

average BUA using

approved


rapid construction

Technology building

Clause 4 of Table no. 4 of

floated EoI has been revised


in Revised EoI at Clause no. 4

of Table -4. However, Clauses

5.a. & 5.b. of floated EoI are

not altered and those are

incorporated in the Revised EoI

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requested


Department Remarks

4

completed during last seven

(7) years (Individual agency

/ firm) (Minimum 55,000

Sq.m.)

5. Additional experience in

Building works

a. Building project with

BUA not less than 20,000

sqm. at a

single location using

Conventional / approved

Alternative

Technology (Less than

20,000 Sqm. at a single

location

shall not be considered for

marking system in Table –

5)


(7) years

b. Experience of completed

construction of one building

of

height 21 m. above GL or

more using Conventional/

works on Design and

Build basis

completed during last

seven (7) years

(Individual agency /

firm) (Minimum 55,000

Sq.m.)

5. Additional

experience in Building

works

a. Building project


Build basis with

BUA not less than

20,000 sqm. at a single

location using

Conventional /

approved Alternative

Technology (Less

than 20,000 Sqm. at a

single location shall not

be

considered for marking

system in Table – 5)

completed

during last seven (7)

at 5.a & 5.b of Table -4.

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requested


Department Remarks

the


Technology during last

seven (7)

years

years

b. Experience of

completed design &

construction of one

building of height 21 m.

above GL or more

using

Conventional/ the


Technology

during last seven (7)

years

6(2)

(iv)

Sr. No. 2,

3, 4

& 6 on

page

12-13 of

Table

-5

2. Experience of the Firm in

last 7 years, one or more

completed residential

projects using Conventional

Method

/ approved Alternate / Rapid

construction technology

(Agency should have

completed at least one

project in

India to qualify). (minimum

BUA 20,000 Sqm)

3. Experience of the Firm

having annual average BUA

2. Experience of the

Firm in last 7 years, one

or more

completed residential

projects using

Conventional Method

/ approved Alternate /

Rapid construction

technology


Build basis (Agency

should have

completed at least one

project in India on


no. 6 (2) (iii) of these replies to

pre-bid queries.

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requested


Department Remarks

using

Conventional Method /

approved Alternate / Rapid


building works completed

during

last seven (7) years.

4. Experience of the Firm of

a completed building project

with

BUA not less than 55,000

sqm at a single location

using

the Conventional Method /

approved Alternate / Rapid



(7)

years.

6. Experience in

Construction using one (1)

or more


approved technologies

during last

Design and

Build basis to qualify).

(minimum BUA 20,000

Sqm)


Firm having annual

average BUA using


approved Alternate /

Rapid


building works on

Design and Build basis


seven (7) years.


Firm of a completed

building project on


with BUA not less than

55,000

sqm at a single location

using the Conventional

Method /

approved Alternate /

Rapid construction

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Clarification

requested


Department Remarks

seven (7) years technology


seven (7) years.

6. Experience in

Construction using one

(1) or more


approved technologies

on Design

and Build basis during

last seven (7) years

6 (3) Cl. No.

17,

Page No. 4

The bidding capacity of the

empanelled Agency / Firm

should

be equal to or more than the

estimated cost of the work

for

which the tender may be

invited in future.

We presume that Bid

Capacity calculation is

not required to

be submitted along with

EOI. Please confirm.

And if at all the

calculation is required

to be submitted please

specify “N” i.e.,

Number of years

prescribed for

completion of work for

which

criteria has been

invited.

Clause no. A.17 at pg. no. 4 of

floated EoI is self-explanatory,

and this is also incorporated in

the Revised EoI as it is at

Clause no. A.17.

Biding capacity is required to

be provided work wise for the

tenders to be floated in future

based on estimated cost put to

tender for those particular

tenders, and obviously it will be

different for different tenders

and value of N will be different

for different tenders based on

stipulated work completion

period for the that particular

work to be floated in future

of 42

Sr.


Clarification

requested


Department Remarks

among empanelled

agencies/firms.

6(4) Table – 5,

Sr.

No. 5 Page

No.13

Sr. No. A)

3.

Page

No.13

Table – 1 /

8

Table – 4,

Sr.

No. 2 on

Page

No.10

Average Annual Turnover


of a

construction agency/

Developer/ Builder for the

last three

consecutive financial years

(2017-18, 2018-19, 2019-

20).


certified by Chartered

Accountant.

Average Turnover in last 3

years (In Rs. Cr.)

Average Turn Over for the

last Three financial years as

per

audited balance sheet

certified by C.A and be at

least

Minimum Rs.75 Cr

We presume that

Average Annual

Turnover from

construction of

Building Projects will

only be considered as

defined in Marking

System at Sr. No.5 on

Page No. 13 and

Sr. No. A) 3. on Page

No. 13 of List of

Documents required

to be submitted, please

confirm.


no. 4 (3) of this replies to pre-

bid queries.

Average annual turnover from

construction of building

projects will be considered only

as defined in Marking System at

Table – 5, and as mentioned

under the List of Documents

required to be submitted at A. 3

or Revised EoI.

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requested


Department Remarks

Cl. No. 1

(ii),

Page No. 5

Agency / Firm should be

Financially Sound to

execute &

complete the project with

minimum average

construction

turnover during last Three

(3) financial years of Rs. 75

Cr

6(5) Cl. No. 1

(iii),

Page No. 5

&

6

The value of executed work

shall be brought to the

current

costing level by enhancing

the actual value of work at

simple

rate of 7% per annum,

calculated from the date of

completion

to the last date of the month

prior to the date of EoI.

As the minimum

eligibility stipulated in

the EOI documents is

based on BUA and not

the “value of executed

work” as such

enhancement of actual

value of work done will

not arise

hence we request you to

review and delete this

clause.



EoI.

6(6) Cl. No. 1

(iii),

Page No. 5

&

……..


“Construction of RCC

buildings /

We presume that both

“RCC buildings” or any

other

“buildings” should have

Clause no. 1 (iii), page no. 5 &

6 of floated EoI is self-

explanatory and it will prevail.

RCC buildings/ buildings with

BMTPC approved technologies

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requested


Department Remarks

6 buildings with approved

BMTPC technology of

minimum

G.F./Still+2 floors and

above. RCC buildings

include

residential buildings or

business buildings or office

buildings

or educational building or


been executed with one

of the

technologies approved

by BMTPC for it to be

considered as

eligible experience for

evaluation of Marks

and classification

under a category.

will be considered for eligible

works for evaluation of marks

and classification under a

category.

6(7) Cl. No. 1

(iv),

Page No. 6

Form – D,

Note, Page

No. 21

Agency/Firm should have

minimum construction

equipment’s

as per Table – 2 & shall

appear in the balance sheet.

If

agency has hired the

equipment’s then attached

copy of rent

agreement.

Plant and Machinery.

Note: The proof of

ownership of machinery

We would like to bring

to your kind notice that

the list / details

of individual

construction equipment

do not appear in the

Balance Sheets of a

‘Ltd’ or ‘Pvt. Ltd’

company instead only

the total cost of Plant &

Machinery owned by

the agency is

mentioned in the

Balance Sheet.

We therefore request

Following two equipment are

added in Form D of floated EoI

(Referred as Form E in Revised

EoI) in addition to existing

requirement as mentioned,

1. Transit concrete mixture

2. Centring

Bidder can add on the

machineries in addition to

mentioned in Form D (Form E

of Revised EoI).

Bidders must submit signed and

with seal an undertaking for the

same on their letterhead for

evaluation. Condition as

mentioned in the Note of Form

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Clarification

requested


Department Remarks

should be

submitted & should be in

Balance sheet. If Machinery

is

rented then copy of rent

agreement is submitted.

you to review and

delete this clause.

We presume that

submission of the

Purchase Invoices /

RTO

documents of Plant &

machinery owned by

the company is

sufficient to meet the

stipulated condition.

If Agreement of rented

machinery is submitted,

it should be

supported by invoice of

machinery in the name

of Hiring

Agency.

D (Form E of Revised EoI).

for proof of ownership of

machinery/ rent agreement copy

is deleted.

6 (8) Cl. No. 1

(vii),

Page No. 6

Technology / System

approved to be used in

construction

shall be certified for

Performance Criteria by any

of the

following: (The certificate

must have approval for

In order to ascertain

whether the eligible

projects have been

executed using

Alternative / Innovative

/ Rapid construction

technologies, applicants

should submit a



EoI.

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requested


Department Remarks

number of

storeys for which it is

suitable)

a) BMTPC (under its

Performance Appraisal

Certification

Scheme)

b) CBRI, Roorkee

c) SERC, Chennai

d) Any IIT’s

e) Any NIT’s

certificate from any

of these institutions

confirming use of

approved technology /

system including

conformance of

structural designs to

relevant International /

Indian standard for each

project

submitted for meeting

eligibility requirement.

6 (9)

(i)

Table – 1,

Page No. 8

Minimum Criteria for

Category wise empanelment

of Agency

/ Firm:

Crite

ria

Ca

teg

or

y 1

C

at

eg

or

y

2

Ca

teg

or

y 3

C

at

eg

or

y

4

We presume that the

“Experience of

Construction (BUA)”

means “Annual average

BUA using approved

alternate /

rapid construction

Technology building

works completed during

last Seven (7) years”.

Please confirm.



in Revised EoI. Please refer

Table -1 of Revised EoI for the

minimum criteria for

Empanelment of Agency / Firm.

6 (9)

(ii)

Since the experience to

qualify under category

3 & 4 is

This Table- 1 has been revised

and incorporated as Table -1 in

Revised EoI.

of 42

Sr.


Clarification

requested


Department Remarks

Aver

age

Turn

over

in

last 3

years

(In

Rs.

Cr.)

Ab

ov

e

40

0

2

0

0

+

to

4

0

0

75

+

to

20

0

M

in

i

m

u

m

75

Expe

rienc

e of

Cons

tructi

on

(BU

A)

Ab

ov

e

4,0

0,0

00

sq.

m

1,

6

0,

0

0

0

+

to

4,

0

0,

0

0

0

sq

.

m

.

55,

00

0 +

to

1,6

0,0

00

sq.

m.

M

in

i

m

u

m

55

,0

00

S

q.

m

specified as 55,000+ to

1,60,000 sqm &

minimum 55,000

Sqm respectively, an

applicant having

experience of

exactly 55,000 Sqm

will only get qualified

under Category

4, while an applicant

whose experience is a

fraction more

than 55,000 Sqm will

get qualified in

Category 4, whereas

applicant whose

experience is a fraction

less than 55,000

Sqm will get

disqualified. In view of

above the qualifying

range of experience for

category 3 & 4 needs to

reviewed

& revised. The range of

Average Turnovers for

of 42

Sr.


Clarification

requested


Department Remarks

qualification under

Category 3 & 4 may

also be revised

accordingly,

6 (9)

(iii)

Further we request you

to confirm/ specify the

Category

wise range of Bidding

limits or the Quantum

of work in

terms of estimated cost

of a Project or BUA for

which a

qualified bidder will be

allowed/ eligible to

participate

/submit their financial

bid.

Please refer Clause no. B.5 of

Revised EoI. Bidding criteria

for future works to be floated

among empanelled Agencies /

Firms by MHDC is specified in

the said clause.

6

(10)

Table – 2,

Page No.8

List of Minimum

Construction Equipment’s /

Machinery

required to be made

available with Agency/Firm.

Requirement for

Category – 4 is missing.

Request you to

provide the same.

Please refer clarification at 6 (7)

of this pre-bid replies and

queries.

6

(11)

(i)

Table – 3,

Page No.9

List of Minimum Technical

Staff required with Agency /

Firm.

Kindly specify the

category wise

requirement of

Requirement of the Technical

Staff mentioned in Table 3 is

the minimum requirement for

of 42

Sr.


Clarification

requested


Department Remarks

Technical

Staff on the similar line

as given for Equipment

/ Machinery

on page no. 8.

Further please specify

the supporting

documents to be

attached in respect of

the Technical Staff

submitted using Form

“F”

all categories, which may vary

as per actual project cost / scope

for tenders to be floated amount

among empanelled agencies/

firms as mentioned in Table 3

itself. Hence at this stage this

EoI condition will prevail.

Same is kept unchanged in

Table – 3 of Revised EoI.

6

(11)

(ii)

Cl. No. B,

3, 7,

Page No.

14

Form “F”,

Page No.

23

Detailed organizational

structure including technical

manpower. (Form C & F).

and availability of sufficient

manpower required for

execution of project using

alternate /

rapid construction

technology (attach details)

(Form ‘F’)

FORM ‘F’: Particulars of

KEY PERSONNEL

(including

particulars of

Directors/Partners/Key

Management Personnel of

the Firm.

Table – 3 with signature of

authorized representative of

construction Agency/Firm with

Seal is sufficient as the

supporting document. Same is

applicable for Form E of

Revised EoI.

of 42

Sr.


Clarification

requested


Department Remarks

6

(12)

Table -4,

Sr.

No.1, Page

No.10

Table -5,

Sr.

No. 1,

Page

No.12

Age of

individual/partnership

agency / Firm (Minimum

criteria

3 Years)

The age of the Firm

preceding the EoI Due Date

having experience in

providing technical

Construction

services

a) If Age more than Five (5)

years

b) If Age between three (3+)

years to Five (5) years

c) If Age minimum three (3)

years

Considering the

specialised nature of

work involving use of

Alternative / Innovative

/ Rapid construction

technologies on


and qualifying criteria

stipulating

experience in eligible

projects completed

during last 7 years,

the minimum age of

individual/ partnership

agency / Firm

specified as only 3

years appears

inadequate and

unjustified/

inconsistent, we

therefore request you to

increase the

minimum age to at least

7 or 10 years for

obtaining 12 marks

and the subsequent age

requirement for higher

EoI Condition will prevail

which remains unchanged in

Revised EoI. Some of the

agencies /firms may have the

required consolidated work

experience within last one or

two or three years also, as such

minimum age of the individual /

firm / agency and experience

sough during last seven years is

ton contradictory.

of 42

Sr.


Clarification

requested


Department Remarks

marks may

be increased

accordingly.

6

(13)

Table -4,

Sr.

No.2, Page

No.10

Cl. No. A,

2,

Page

No.13

Audited balance sheet duly

certified by Registered C.A.

for

last three Financial years.

Audited balance sheet of

last three financial years

(2017-18,

2018-19, 2019-20)

We presume that in this

case Registered C.A.

means

Statutory Auditor who

is conversant with the

day-to-day

business and financial

data of the firm.

Therefore, please

confirm whether all the

financial

Details/Statements

should

be certified by Statutory

Auditors only as per

standard

practice followed by

various government

clients.

Registered C.A. means C.A. as

defined Chartered Accountants

Act of GoI.

6(14)

(i)

Table -4,

Sr.

No.4, Page

Documents Required:

1. Experience Certificate for

the approved technology

Any

In case of Government

works the Occupancy

Certificate /

Building Completion



EoI.

of 42

Sr.


Clarification

requested


Department Remarks

No.10 Foreign work Experience

Certificate must be duly

certified

by nearest Indian Mission)

(Form A-1, A-2 a & A-2 b)

2. For the works executed in

India attached

a. For Government Works

completion certificate /

layout / drawings showing

BUA.

b. For Private works client’s

successful completion

certificate / layout /

drawings showing BUA

along with

copy of agreement.

Certificate, layout is

issued in the name

of Client and not the in

the name of Contractor.

Also, the

Govt. Clients do not

share the copies of OC /

CC / layouts

approved by Statutory

Authority with the

contractor. Hence,

we request you to delete

the requirement, if the

applicant

submits completion

certificate from

Government Client

6

(14)

(ii)

Table -4,

Sr.

No.5 (a),

Page

No.10

Documents Required:

Experience Certificate for

the approved technology

(Any Foreign work

Experience Certificate must

be duly certified by

nearest Indian Mission)



EoI.

6 Table -4, Documents Required: For Government works

of 42

Sr.


Clarification

requested


Department Remarks

(14)

(iii)

Sr.

No.5 (b),

Page

No.11

1. Occupancy Certificate/

Building Completion

Certificate

from competent authority

(Urban Local Body or any

other

authorized authority like

MMRDA, / SRA/ CIDCO/

NIT/

MHADA etc.) (Any Foreign

work Experience Certificate

for the approved technology

Any Foreign work

Experience Certificate must

be duly certified by nearest

Indian Mission)

Completion certificate must be

issued by an officer not below

the rank of Executive Engineer.

For Private works submission

of commencement and

occupancy certificate,

sanctioned layouts issued by

Statutory Authority duly

attested and supported by

certificate from the project

Architect for establishing the

Building Height, BUA of the

Project along with approved

layout/drawings are must.

6

(14)

(iv)

2. Copy of Layout approved

in the name of applicant /

firm by

Local Authority showing

height of the building

In case of Government works if

copies of OC/CC/ Layouts

approved by statutory authority

are not available then

completion certificate from the

government client mentioning

all those required details like

completion date, work

completion value, building

height, BUA etc. must be

mentioned in the set completion

certificate / certificates issued

of 42

Sr.


Clarification

requested


Department Remarks

by Government client.

6

(15)

Form B

page

19

Performance report of

works referred to in for “A-

1, A-2 a &

2b”

We request you to add

the following

particulars to this

format

for evaluation of

applicants’ compliance

with respect to EOI

requirements.

• Built-up area,

• Alternative /

Innovative / Rapid

construction

technologies

used

• Whether project is


Build basis



EoI.

6

(16)

Appendix

– I,

Page No.

24 to 25

Power of Attorney for

Signing of Application

We request you to

accept General Power

of Attorney already

issued in favour of the

Authorized Signatory

which is on similar line

given in the EOI

documents.



EoI.

of 42

Sr.


Clarification

requested


Department Remarks

6

(17)

Appendix

– II,

Page No.

26 to

28

Power of Attorney for Lead

Member of Firm

Cl. No. 1, Page No. 5 &

Table – 4, Sr. No.3,

Page No. 10

states that No Joint

Venture are allowed to

participate. As

Joint Venture is not

allowed, we therefore

request you to

review and delete this

requirement.



EoI.

6

(18)

Para No.

1,

Page -1

Cl. No. 1,

Page -5

Maharashtra Housing


Limited



reputed,


Financially Sound

Companies/



Reputed, experienced,

technically and financially

sound

Since the EOI is invited

only from Financially

sound

companies, we presume

that the following

parameters shall

also be applied for

determining an

applicant’s eligibility:

• The applicant should

not have incurred any

loss (profit

after tax should be

positive) during last

three consecutive



EoI.

of 42

Sr.


Clarification

requested


Department Remarks

Cl. No. 1,

(ii),

Page -5

companies / firms,

contractors / developers /

builders for

Construction of Houses /

Buildings, who will be

submit

following documents, shall

be eligible to apply.


Financially Sound to

execute &

complete the project with

minimum average

construction

turnover during last Three

(3) financial years of Rs. 75

Cr.

Financial years ending

31st March 2020 duly

audited and

certified by the

Chartered Accountant.

• The applicant should

submit Solvency

Certificate of 40%

of minimum Turnover

specified for the

respective Category

not older than 6 months

from the EOI

submission date:

Cat

ego

ry

1

Cat

ego

ry

2

Cat

ego

ry

3

Cat

ego

ry

3 Rs.

160

Cr.

Rs.

80

Cr.

Rs.

30

Cr.

Rs.

30

Cr.

The applicant should

not have corporate debt

restructuring

in process and / or no

of 42

Sr.


Clarification

requested


Department Remarks

unresolved debt

restructuring issues

with the Banks /

Institutions as of One

month before the

last date of submission

of EOI or financial bid.

7 (1) NEW

CONSOLIDATED

CONSTRUCTION

CO. LTD

Pg. No.

10 of 28

Table -4

Sr. No.4

Additional

experience

in

Building

works,

Experience in Building

works Annual average BUA

using approved


rapid construction

Technology building works


(7) years (Individual agency

/firm) (Minimum 55, 000

Sq.m)

1.Eprince Certificate for the

approved technology Any

Foreign work Experience

Certificate must be duly

certified by nearest Indian

Mission) (Form A-1, A-2a

& A-2b).

2. For the works executed in

India attached


completion certificate

Please elaborate this

condition of submission

of documents.

Generally, experience

certificate received

from client, does not

mention in detail

technology used, BUA

constructed but

information available in

work order copy, so

requested MHDC to

kindly accept order or

agreement copy for

supporting the clause

desire.

Please refer modified Sr. no. 4

of Table no. 4 of Revised EoI,

which is clarified at

clarification Sr. 6 (2) (iii) of this

reply to Prebid queries.

For the completion certificate

wherein details of technology

used, BUA constructed are not

mentioned then work order and

agreement copy mentioned in of

details of technology used and

mentioned in BUA to be

achieved / completed along

with variation order issued if

any and with completion

certificate must be submitted.

Separate certificate for BUA

achieved / completed and

technology used must be

obtained (if completion

certificate does not mention the

same) from the officer of the

of 42

Sr.


Clarification

requested


Department Remarks

/layout/ drawings showing

BUA.

b. For Private works client’s

successful completion

certificate /layout/ drawings

showing BUA along with

copy of agreement.

rank as mentioned below.

For Government works

Completion certificate must be

issued by an officer not below

the rank of Executive Engineer.

For Private works submission

of commencement and

occupancy certificate,

sanctioned layouts issued by

Statutory Authority duly

attested and supported by

certificate from the project

Architect for establishing the

Building Height, BUA of the

Project along with approved

layout/drawings are must.

7 (2) Pg. No.

10 of 28

Table -4

Sr. No.4

Additional

experience

in

Building

works

Building project with BUA

not less than 20,000 sq. m.

at a single location using

Conventional/Approved

Technology (less than

20,000 Sqm. at a single

location shall not be

considered for marking

system in Table 5)

completed in the last 7

years,

Experience certificate for

the Conventional/Approved

Generally, experience

certificate received

from client, does not

mention in detail

technology used, BUA

constructed but

information available in

work order copy, so

request MHDC to

kindly accept order or

agreement copy for

supporting the clause

desire.

Please refer clarification at Sr.

no. 7(1)

of 42

Sr.


Clarification

requested


Department Remarks

alternate technology (any

foreign work experience

certificate must be duly

certified by nearest Indian

mission.

7 (3) Pg. No. 11

of 28,

Table -4,

Sr. No. 5

Additional

experience

in

Building

Works

Experience of completed

construction of one building

of height 21 m. above GL or

more using Conventional/

the approved Alternative

Technology during last

seven (7) years

1) occupancy certificate /

Building completion

certificate from competent

authority (urban local body

or any other authority like

MMRDA /SRA /

CIDCO/NIT/MHADA etc.)

(Any foreign work

experience certificate for the

conventional / approved

Alternative Technology

must be duly certified by

nearest Indian mission), if

any.

2) Copy of layout approved

in the name of applicant /

2) Copy of layout

approved in the name of

applicant / firm/ client

by local Authority

showing height of the

building.

For Public Limited companies

building Completion certificates

must be issued by the officer of

the rank not below the

equivalent rant of Excitative

Engineer in Government

Department.

As far as Private works are

concerned, please refer

clarification at 7 (1).

of 42

Sr.


Clarification

requested


Department Remarks

firm/ client by local

Authority showing height of

the building.

8(1) Rachna Infra

/Realty /Design

Firm/Agency: Single

entity or Joint Venture

of Firms/agencies



queries.

8(2) Turnover: Kindly revise

it to annual turnover Rs.

50 Cr any one year

among last 5 years

Table -1 has been revised for

turnover criteria and experience

of construction (BUA) in

Revised EoI.

8(3) Experience of

Construction: Technical

minimum 25000 Sqm

Built-up Area by

single entity or by Joint

Venture.


no. 8 (2) of this reply to pre-bid

queries.

9 (1) Ganga Construction

Co.

Hard Copy submission

of demand draft and

tender document should

be within 72 hours of

due date.


no. 5(1) of this replies to pre-

bid queries.

9 (2) Labour lenience’s will

be submitted after

Tender allowed.



bid queries.

9 (3) As per criteria,

minimum BUA should

be 20,000 Sqm.



bid queries.

of 42

Sr.


Clarification

requested


Department Remarks

9 (4) Technology approved

to be used in

Construction shall be

certified by PWD also.



bid queries.

9 (5) For fair and more

competitive bidding

please consider our

above points and

request you to reduce

eligibility criteria or

allow Joint Venture so

that we can bid for your

upcoming projects.



bid queries.

10

(1)

AE Infraprojects

Pvt. Ltd.

Please Allow Joint

Venture.



queries.

10

(2)

Please clarify the

selected plots are

vacant or not.

This being EoI for

empanelment of agencies/firms

this question does not arise.

10

(3)

Sample drawing &

estimate of tender.

This being EoI for



10

(4)

Please provide area

wise estimates (EWS &

LIG norms Details for

MHDC)

This being EoI for



10 No. of floors for EWS This being EoI for


of 42

Sr.


Clarification

requested


Department Remarks

(5) & LIG Building. this question does not arise.

10

(6)

If the estimated cost of

building project is less

that 50 cr. then the

criterial can be changed

by 75 cr.

Revised EoI condition will

prevail.

10

(7)

Similarly if area of the

any building project is

less than 20000 sqm

then the criteria can be

changed by 55000 sqm.

Revised EoI condition will

prevail.

10

(8)

Soil bearing capacity

(S.B.C) test done by

MHDC or not?

This being EoI for



10

(9)

RCC design for EWS &

LIG made by the

MHDC or Construction

agency.

This being EoI for



11

(1)

BPG Developers P-6 Approved alternate /rapid

construction innovative

technology /system

Agency should complete at

least complete one such

project

Whether Aluminum

formwork (Mivan

Technology) comes

under rapid technology

-please clarify.

Please refer Clause 1. vii at

page no. 6 of floated EoI, which

is self-explanatory. Aluminium

formwork (Mivan Technology)

comes under rapid technology.

And this provision is kept as it

is in Revised EoI.

11

(2)

Page -8 &

21

In Table -2 (p-6)

Transit mixture &

This discrepancy has been

removed. For this please refer

of 42

Sr.


Clarification

requested


Department Remarks

Centering required is

but in Form D (p-21) it

is missing & In table -2

there is no requirement

of Road Paver but in

Form D it is there.

Please Clarify.

Revised Form D (Annexure II)

of this pre-bid queries

clarifications.

11

(3)

9-9 Minimum Staff List

As per list minimum

technical staff list is

given but in Forms no

such format for

submission. Please give

format.

Please refer Form -D of

Revised EoI.

12

(1)

M/s. Shri Satya

Saibaba

Constructions

The Bidders should

have a Registration of

Contractship from

Govt. Of Maharashtra.



EoI.

12

(2)

The current year 2020-

21 (Financial) also

should consider in the

Bids…



EoI.

12

(3)

The Financial Capacity

of Bidders the updating

factor for per year

should be consider 10%

per annum...



EoI.

of 42

Sr.


Clarification

requested


Department Remarks

12

(4)

The Technical staff on

site should be Adequate

as per requirement, not

as per Table No-3 in

EOI



EoI.

12

(5)

Total BUA in last 7

years should be 20,000

sqm instead of 55,000

sqm



bid queries.

12

(6)

Additional experience

with BUA not less than

5000 sqm should be

considered…



bid queries.

12

(7)

Building projects height

minimum 10 meter

should be consider

instead of 21 meter



EoI.

12

(8)

Minimum Criteria for

category wise

empanelment of

Agency should be

Relaxed…

Please refer Table -1 of Revised

EoI.

12

(9)

It is requested you to

please also consider

PEB structure in BUA..

Please refer clause B.1 (vii)

which is self-explanatory.

12

(10)

As per page no-6 para

(vii) system approval

has been mentioned,

Instead of any Govt.



EoI.

of 42

Sr.


Clarification

requested


Department Remarks

Building work should

be considered

12

(11)

Recently in all tenders

of Maharashtra & NH,

PWD the criteria for

similar type of

eligibility of work is

20% of the Tender

(Bid) Area..

Please refer Clause B.5.a. for

criteria for similar types of

works for tenders to be floated

among empanelled contractors

by MHDC in future. And please

refer Sr. no. 4 of Table 4 and

Table 1 for minimum criteria

for similar nature of works for

empanelment of agency / firm

through this EoI.

12

(12)

Page no-13 of EOI, List

of documents para-3

Instead of Building

Projects of Construction

agency for Average

Annual Turnover

Related should

considered for all types

of Civil Engineering

works should be

considered



EoI.

Note: Revised EoI incorporating all aforesaid changes/ modifications is attached herewith.

of 38

Reference: Replies / Clarifications to Pre-Bid Queries with respect to Pre-Bid Meeting

held on 19.03.2021 at MHDC, Mumbai.

Revised EoI Maharashtra Housing Development Corporation Limited (MHDC)

3rd Floor Room No.32, Sakhar Bhavan, Ramnath Goenka Marg, Nariman Point,

Mumbai 400 021

Tel.: 022-4044 1000; Website: www.mahahousing.mahaonline.gov.in

Notice for Invitation of Expression of Interest for Empanelment of

Construction Agency /Firm

Detailed EOI Notice Maharashtra Housing Development Corporation Limited (MHDC) invites

Expression of Interest (EoI) from reputed, experienced, Technically & Financially

Sound Companies/ Firms/ Contractors / Developers / Builders, Joint Venture (JV)

(hereafter called Agency /Firm) for empanelment for construction of houses/buildings

ranging from single storied to multi storied using Conventional or Alternative /

Innovative / Rapid construction technologies on Design and Built basis. Financial bid

shall be invited only from Empaneled Agency /Firm from project to project basis as

decided by the MHDC. Interested Agency /Firm having experience of design and

construction using Conventional, approved alternate / rapid construction technology /

technologies shall upload their Expression of Interest. The EoI shall be opened online

by the MHDC/ in the presence of Interested Agency /Firm.

The details of Criteria for selection along with instructions to the Agency /Firm

can be downloaded from the website – https://mahatenders.gov.in &

www.mahahousing.mahaonline.gov.in

The MHDC reserves the right to accept or reject any or all the EoI without

assigning any reason thereof.

Section Technical

Tender Notice No. & Date 01/20-21, date 13/03/2021

Subject

Empanelment of Agency /Firm for Construction of

Housing Building using Conventional, Approved

Alternate / Rapid construction Technologies on

Design Built bases for Affordable Housing Project in

the

State of Maharashtra.

Downloading of blank Tender from Website 13/03/2021, 11.00 AM

Till 07/04/2021 up to 03.00 PM

Pre -Bid Conference

19/03/2021 at 03.00 PM

At MHDC Mumbai, Office (Pre-Bid queries shall reach this office on or before

18.03.2021 till 03:00 PM on

[email protected] )

Revised Last date of Online submission of

EoI 07/04/2021 up to 03.00 PM

Opening of EoI 07/04/2021 at 04.00 PM (if possible)

Blank Tender Fees to be paid in DD Form

before the date of opening of tenders

Rs. 23,600/- Non-Refundable

(Inclusive of GST)

Website for Downloading & Uploading https://mahatenders.gov.in

http://www.mahahousing.mahaonline.gov.in/

https://mahatenders.gov.in/

http://www.mahahousing.mahaonline.gov.in/

mailto:[email protected]


of 38

Note:

1. Blank tender fee is Non-refundable & shall be in the form of Demand Draft of

Nationalised/Scheduled/Private Bank payable at Mumbai. The DD shall be in

favour of ‘Maharashtra Housing Development Corporation Limited’ & be given

to the Account Department of MHDC before last date of online submission of

EoI.

2. Scanned copy of DD submitted to MHDC office shall also be uploaded during

while online submission of EoI.

3. Only online EoI submitted on website https://mahatenders.gov.in will be opened.

4. Validity of EoI – 180 days from date of opening of EoI.

5. Place of Submission of EoI – Online & One Sealed Hard Copy.

6. Sealed Hard Copy must be submitted to MHDC Office on or before the last date

of submission of tender.

7. Sealed Hard Copy will be opened only after Online opening of Bids.

8. In case if the bidder has submitted only hard copy then his / her tender will not be

opened.

9. In case of bidder who has not submitted original DD to MHDC office on or before

the last date of online submission of EoI his / her tender will not be opened.

10. EoI will be opened at MHDC Office Address mentioned above.

11. The detailed tender notice is also available on MHDC Web site for reference.

Managing Director &

Chief Executive Officer

(MHDC)


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EXPRESSION OF INTEREST

A) GENERAL INFORMATION TO AGENCY / FIRM

1. Interested Agency / Firm having experience of design and construction using

conventional approved alternate / rapid construction technology/technologies shall

upload their Expression of Interest.

2. The detailed EoI notice along with General Information to Agency /Firm is also

available on MHDC website for reference.

3. The cost of EOI document will not be refunded under any circumstances.

4. The EOI offer shall be valid for 180 days from the date of its Opening.

5. EOI without requisite fees and not fulfilling all or any of the conditions or submitted

incomplete in any respect are liable to be rejected.

6. The Agency /Firm or one of its authorized representatives, having proper authority

on letter head of the Agency /Firm, will be allowed to remain present while opening

the EoI.

7. i) Labour law to be complied by the Agency /Firm. The Agency /Firm shall have a

valid license under the Contract Labour (R&A) Act, 1970 and the Contract

Labour (Regulation and Abolition) Central Rules 1971, before the commencement

of the work, and continue to have a valid license until the completion of the work.

The Agency /Firm shall also abide by the provisions of the Child Labour

(Prohibition and Regulation) Act 1986.

ii) The Agency /Firm shall also comply with the provisions of the building and other

construction workers (Regulation of Employment & conditions of Service) Act,

1996 and the building and other construction workers Welfare cess Act 1996.

iii) The Agency /Firm shall ensure the registrations of all eligible Construction

Workers (inclusive of those of sub-contractors and petty contractors) with

Construction Workers Welfare Board.

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8. All the pages of the EoI submitted must be numbered and signed by the authorised

signatory.

9. Canvassing in connection with the EoI be strictly prohibited and such canvassed

EoI submitted by the Agency /Firm are liable to be rejected.

10. The Agency /Firm shall keep necessary books of accounts and other documents

for the purpose of the condition as may be necessary and shall allow inspection of

the same by a duly authorized representative of the MHDC and further shall

furnish such other information / document to the MHDC.

11. The Agency /Firm shall submit only one EoI in his name, either individually or in

Joint Venture.

12. The MHDC reserves the right to reject or accept any or all EoI at any stage

without assigning any reason whatsoever.

13. Conditional EoI shall not be accepted and will be rejected summarily.

14. In case of any dispute or queries in EoI, decision of MD & CEO of MHDC shall

be final & binding.

15. The Agency /Firm are required to submit all the necessary documents as

mentioned in EoI along with Agency /Firm Profile etc. All the documents

required to be submitted in EoI should be in English language only. If same are

not available in English, then the concerned Agency /Firm will be required to get

such documents translated in English and get them legally authenticated, before

submitting.

16. The Evaluation of the Agency / Firm will be on the basis of its eligibility criteria.

17. The bidding capacity of the empanelled Agency /Firm should be equal to or more

than the estimated cost of the work for which the tender may be invited in future.

The bidding capacity shall be worked out by the following formula:

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Bidding Capacity = [AxNx2] – B, Where

A= Maximum value of construction works executed in any one year during the last

five years taking into account the completed as well as works in progress.

N= Number of years prescribed for completion of work for which criteria has been

invited.

B= Value of existing commitments and on-going works and LoI issued to be

completed during the period of completion of work for which criteria have been

invited.

18. In case of the Bidder is a Joint Venture (JV), it shall comply with following

additional requirements.

a. Number of members in a Joint Venture shall not exceed 2 (Two).

b. Only one JV is allowed for any individual or partnership agency or Firm. In

this case, each individual or partnership agency /Firm of JV shall submit all

the documents regarding the technical & financial eligibility (Form A to G).

c. In case the individual or partnership agency /Firm is JV, the members of the

JV shall furnish a Notarised Power of Attorney on Rs.500/- Stamp Paper

designating one of the members with his attested signature, as per the JV

agreement, as their Lead Member. The lead member shall be fully responsible

for the satisfactory performance of the JV. Scan copy of legal JV agreement

shall be uploaded along with EoI documents.

d. If individual or partnership agency /Firm JV Agreement is under process of

execution at the time of submission of EoI then unregistered copy of the JV

Agreement should be submitted along with information mentioned above,

duly registered as per law within one month of date of submission of EoI then

only it will be considered for evaluation. All form must bear the signature of

authorised persons of the firm / company / contractor / developer / builder.

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e. The companies, firms, contractors / developers/ builders, JV must be legally

entitled for carrying out construction of building works.

f. Members of the Firm / JV shall nominate 1 (one) member as the lead member

(the “Lead Member”), who shall have an equity share holding of at least 26%

(twenty-six per cent) of the paid up and subscribed equity of the Firm / JV.

The nomination (s) shall be supported by a Power of Attorney, as per the

format at Appendix-II, signed by all the other members of the Firm / JV;

g. The Application should include a brief description of the roles and

responsibilities of individual members, particularly with reference to

financial, technical and O&M obligations.

19. a. An individual Applicant cannot, at the same time, be a member of a JV

applying for pre-qualification. Further, a member for a particular Firm / JV

cannot be member of any other Applicant Firm / JV applying for pre-

qualification.

b. Members of the/ Firm / JV shall enter into a binding Joint Bidding Agreement,

substantially in the form specified at Appendix-III (the “Jt. Bidding

Agreement”), for the purpose of making the Application and submitting a Bid in

the event of being short-listed. The Jt. Bidding Agreement, to be submitted

along with the Application, shall, inter alia:

• Convey the intent to form an JV with shareholding/ownership equity

commitment (s) in accordance with this EoI,

• Clearly outline the approved roles and responsibilities, if any, of each member;

• Commit the minimum equity stake to be held by each member;

• Commit that each of the members, whose financial capacity and technical

threshold capability experience will be evaluated for the purposes of this EoI,

shall subscribe to 26% (twenty six per cent) or more of the paid up and

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subscribed equity of the JV and shall further commit that each such member

shall, for a period of 2 (two) years form the date of commercial operation of the

Project, hold equity share capital not less than: 26% (twenty six per cent) of the

subscribed and paid up equity share capital of the JV.

c. Except as provided under this EoI and the Bidding Documents, there shall not be

any amendment to the Jt. Bidding Agreement without the prior written consent

of the Authority.

B) Agency / Firm’s Eligibility Criteria

1. Reputed, experienced, technically and financially sound companies / firms,

contractors / developers / builders for Construction of Houses / Buildings, who

will be submit following documents, shall be eligible to apply.

i) Registered Agency /Firm having valid statutory GST registration No, PAN No.,

PF license, Labour license etc.

ii) Agency /Firm should be Financially Sound to execute & complete the project with

minimum average construction turnover during last Three (3) financial years of

Rs. 55 Cr.

iii) Agency /Firm should be well experienced having successfully completed building

works as a prime contractor as per criteria mentioned in Table – 1. The work

experience certificates for eligible works * completed during the time period of

Seven (7) years shall be submitted.

(*Eligible works means “Construction of RCC buildings / buildings with approved

BMTPC technology of minimum G.F./Still+2 floors and above. RCC buildings include

residential buildings or business buildings or office buildings or educational building or


iv) Agency/Firm should have minimum construction equipment’s as per Table – 2 &

shall appear in the balance sheet. Agency / Firm must submit signed and with seal

an undertaking for the same on their letterhead.

v) Agency/Firm should have minimum technical staff for execution as per Table – 3.

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vi) The approved alternate / rapid construction innovative technology/system must

have been used at least once in residential project in India. The Agency /Firm

shall have to submit completion certificate of at least of one building in India

given by client. The Agency /Firm should have completed building projects of

BUA as stipulated in Sr. no. 4 of Table -4 during last 7 years.

vii) Technology / System approved to be used in construction shall be certified for

Performance Criteria by any of the following: (The certificate must have

approval for number of storeys for which it is suitable)

a. BMTPC (under its Performance Appraisal Certification Scheme)

b. CBRI, Roorkee

c. SERC, Chennai

d. Any IIT’s

e. Any NIT’s

2. Past work carried out by the Agency /Firm in capacity of Project Management

Consultant or other role not directly involved in construction shall not be

considered in eligibility evaluation.

3. The Agency/Firm shall be disqualified if:

a. The Agency/Firm or any of its constituents has been blacklisted/ banned

business dealings

i. For all Government Departments by Ministry of Housing and Urban

Affairs, Government of India or

ii. By Housing Department, Government of Maharashtra.

iii. By Maharashtra Housing Development Corporation Limited.

at any time till finalization of bids, except in cases where such blacklisting

/ banning has been withdrawn by Competent Authority or has ceased on

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the deadline for submission of the bids, for which satisfactory evidence is

to be produced.

b. Any previous contract of the agency / firm or any of its constituents has been

terminated for agency’s / firm’s failure by any organization under Housing

Department of Government of Maharashtra at any time starting from 2 years

before the deadline for submission of bids and upto one day before the date of

opening of price bids;

Provided, however, there is no stay order or declaration by any Court against

such termination of the Contract by any organization under Housing

Department of Government of Maharashtra or such termination of the

Contract has not been revoked by any organization under Housing

Department of Government of Maharashtra.

c. The agency /firm or any its partners has suffered bankruptcy / in solvency or

it is in the process of winding -up or there is a case of insolvency pending

before any Court on the deadline of submission of application.

(The Agency /Firm should submit an affidavit on Rs. 500/- Stamp Paper duly

notarised to this effect shall be submitted by the bidder that the agency / firm is

not blacklisted by the Government / Departments / Organization as mentioned

above.)

4. If any information furnished by the Agency /Firm is found incorrect, false,

misleading or with malafide intension at a later stage, he shall be liable to be

debarred from further bidding and taking works in MHDC. The MHDC reserves

the right to verify the contents / particulars furnished by the Agency / Firm

independently including inspection of work completed by Agency /Firm.

5. The MHDC shall invite financial bid on project-to-project basis from the

empanelled Agency /Firm during the validity of their empanelment (365 days

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from date of publication of Empanelment list) by setting out following technical

criteria based on the Estimated cost put to tender each work tenders to be floated

among the empanelled Agencies / Firms.

a. Experience Criteria: Experience of having successfully completed works

during the last 7 years ending previous day of last date of submission of tenders

Three similar completed works, each costing not less than the amount equal to

40% of the estimated cost put to tender

OR

Two similar completed works, each costing not less than the amount equal to


OR

One similar completed works, each costing not less than the amount equal to


(Note: The value of executed work shall be brought to the current costing level

by enhancing the actual value of work at simple rate of 7% per annum,

calculated from the date of completion to the last date of the month prior to the

date of Tender.)

b. Turnover: Average annual financial turnover on construction works should be

at least 50% of the estimated cost put to tender during the immediate last three

consecutive financial years.

c. Solvency Certificate: Solvency of the amount equal to 40% of the Estimated

Cost put to tender (ECPT).

d. Profit /loss: The bidder should not have incurred any loss (profit after tax

should be positive) in more that two years during available last five

consecutive balance sheet, duly audited and certified by the Chartered

Accountant.

e. Bidding Capacity as mentioned at Para A. 17 of this EoI.

6. The evaluation of EoI will be made as per the Table-4 and documents submitted

with the EOI.

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7. The evaluation of EoI will be done on marking system based on qualifying

information submitted by the bidder (Table – 5). The minimum qualifying

criteria for empanelment will be having 60 Marks out of 100 Marks.

8. All the bidders to this EoI will be empanelled subject to the fulfilment of

minimum qualifying criteria of achieving 60 Marks out of 100 Marks as per

evaluation criteria as stipulated in Table -5.

9. Agency /Firm would be liable for disqualification, not satisfying above

requirements, and has:

i. Made misleading or false representation or deliberately suppressed the

information in the forms, statement and enclosures required in the eligibility

criteria document.

ii. Record of poor performance such as abandoning work, not properly completing

the contract, or financial failures / weaknesses etc.

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Table – 1

Minimum Criteria for Empanelment of Agency / Firm

Criteria Value

Average Turnover in

last 3 years (In Rs. Cr.) Minimum 55 Cr.

Experience of

Construction (BUA)

a. One completed work of Minimum 35, 000 Sq.m BUA

or

b. Two completed works each having Minimum 25,500 Sq.m BUA.

or

c. Three completed works each having Minimum 17,000 Sq.m BUA.

(As stipulated in Sr. no. 4 of Table -4)

Table – 2

List of Minimum Construction Equipment’s / Machinery required to be made

available with Agency/Firm. (which may vary as per actual project cost / scope)

Sr.

No. Name of Equipment

Minimum Quantity

in Nos.

1 Concrete Mixer (1 bag of cement) 1

2 Transit Concrete Mixer 1

3 Concrete Batching Plant 30 cum/hr-1

4 Concrete Pumping Machinery 1

5 JCB 1

6 Excavator 1

8 Water Pumps 1

9 Crane 1

10 Needle Vibrator 3

11 Surface Vibrator 3

12 Steel Bar Bending & Cutting Machine 1

13 Compactor 1

14 Roller 1

15 Water Tanker 1

16 Centering 2000 sqm

Note-Signature of Authorized representative of construction Agency/Firm with seal

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Table – 3

List of Minimum Technical Staff with Agency/Firm

(which may vary as per actual project cost / scope)

Sr. No. Designation Nos.

1 General Manager (Projects) 1

2 Project Manager 1

3 Assistant Project Manager 2

4 Senior Engineer 6

5 Senior Engineer (QA & QC) 2

6 Senior Engineer (Planning & Billing) 2

8 Junior Engineer 12

9 Junior Engineer (QA & QC) 2

10 Junior Engineer (Planning & Billing) 2

11 Safety Officer 2

12 Safety Assistant 4

13 Store In-charge 2

14 Store Assistant 4

15 Foreman 12

16 Supervisor 15

17 Supervisor (QA & QC) 2

18 Supervisor (Safety) 2

19 Supervisor (Store) 2

Note-Signature of Authorized representative of construction Agency/Firm with

seal

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Table – 4

Format for submission of information (To be uploaded by bidder)

Sr.

No. Item Criteria Documents Required

1. Age of individual/partnership agency

/Firm (Minimum criteria 3 Years) ---- Years

i) Certificate of Registration of

Company/ Firm.

ii) Certificate of Registration/

empanelment with Central/ State

Agency /Firm/ PSUs, if any.

iii) Organizational structure including

Key technical manpower. (Form “C

& F”)

iv) Litigation Details (Form “E”)

2.

Average Turn Over for the last Three

financial years as per audited balance

sheet certified by C.A and be at least

Minimum Rs.55 Cr.

Rs.----

Crore

Audited balance sheet duly certified by

Registered C.A. for last three Financial

years Certificate.

3. Requirement for only Indian Agency /Firm (Individual/Partnership/ Public Limited

Company/ Private Limited Company) No Joint Venture are allowed to participate.

a. PAN Card

To be

attached

PAN Card Copy

b. G.S.T. Registration Certificate G.S.T. Registration Certificate Copy

c. Employee Provident Fund

Registration

Employee Provident Fund Registration

Certificate Copy

d. Professional Tax Registration

Certificate

Professional Tax Registration

Certificate, Valid License under

Contract Labor (R&A) Act,1970 Copy

4.

Experience in Building works in

BUA using approved

Conventional/alternate / rapid

construction Technology building

works completed during last seven

(7) years (Individual agency /firm)

shall be

a. One completed work of Minimum

35, 000 Sq.m BUA

or

b. Two completed works each

having Minimum 25,500 Sq.m

BUA.

or

c. Three completed works each

having Minimum 17,000 Sq.m

BUA

---------

Sqm.

1. Experience Certificate for the

approved technology Any Foreign

work Experience Certificate must

be duly certified by nearest Indian

Mission) (Form A-1, A-2, A- 2 and

A-3)

2. For the works executed in India

attached


completion certificate / layout /

drawings showing BUA.

b. For Private works clients

successful completion certificate /

layout / drawings showing BUA

along with copy of agreement.

5. Additional experience in Building works

a.

Building project with BUA not less

than 20,000 sqm. at a single location

using Conventional / approved

Alternative Technology (Less than

20,000 Sqm. at a single location shall

not be considered for marking system

in Table – 5) completed during last

---------

Sqm.

Experience Certificate for the

Conventional/ approved Alternative

Technology (Any Foreign work

Experience Certificate must be duly

certified by nearest Indian Mission)

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seven (7) years

b.

Experience of completed

construction of one building of

height 21 m. above GL or more using

Conventional/ the approved

Alternative Technology during last

seven (7) years

----------

m.

1. Occupancy Certificate/ Building

Completion Certificate from

competent authority (Urban Local

Body or any other authority like

MMRDA, / SRA/ CIDCO/ NIT/

MHADA etc.) (Any Foreign work

Experience Certificate for the

Conventional/ approved Alternative

Technology must be duly certified

by nearest Indian Mission), if any

2. Copy of Layout approved in the

name of applicant / firm / client by

Local Authority showing height of

the building.

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Table – 5

Marking System

Sr.

No. Description Marks

Marks

Obtained

1

The age of the Firm preceding the EoI Due Date

having experience in providing technical

Construction services.

Maximum

20 marks

(To be

filled by

Technical

Committee,

MHDC)

a) If Age more than Five (5) years 20

b) If Age between three (3+) years to Five (5) years 16

c) If Age minimum three (3) years 12

2

Experience of the Firm in last 7 years, one or more

completed residential projects using Conventional

Method / approved Alternate / Rapid construction

technology (Agency should have completed at least

one project in India to qualify). (minimum BUA

20,000 Sqm)

Maximum

15marks

a) Above Four (4) or More Projects 15

b) Three (3) Projects 13

c) Two (2) Projects 11

d) One (1) Projects 09

3

Experience of the Firm having annual average BUA

using Conventional Method / approved Alternate /

Rapid construction technology building works

completed during last seven (7) years.

Maximum

20 marks

a) More than 4,00,000 (+) Sqm sanctioned BUA 20

b) Between 1,50,000 (+) Sqm and less than 4,00,000

Sqm sanctioned BUA 16

c) Between 35,000 (+) Sqm and less than 1,50,000

Sqm sanctioned BUA 12

4

Experience of the Firm of a completed building

project with BUA not less than 35,000 sqm at a

single location using the Conventional Method /

approved Alternate / Rapid construction technology

completed during last seven (7) years.

Maximum

10 marks

in addition

to (3) above

a) More than 75,000 Sqm sanctioned BUA 10

b) More than 60,000 Sqm and up to 75,000 Sqm

sanctioned BUA 08

c) Between 35,000 Sqm to 60,000 Sqm sanctioned

BUA 06

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5

Average Annual Turnover related to Building

Projects of a construction agency/ Developer/

Builder for the last three consecutive financial years

(2017-18, 2018-19, 2019-20) with minimum average

annual turnover of Rs. 75 crores of the aforesaid

last 3 years.

(This statement shall be duly certified by Chartered

Accountant)

Maximum

20 marks

a) Above 400 Cr 20

b) Above 300 Cr and up to 400 Cr 17

c) Above 100 Cr and up to 300 Cr 15

d) 55 Cr and above up to 100 Cr 12

6

Experience in Construction using one (1) or more

Conventional Method / approved technologies

during last seven (7) years

Maximum

10 Marks

Building Projects of height at least 21 m 10

Building Projects of height from 9 m to less than 21 m 06

7 Additional marks only for use of Approved

Alternate/ Rapid construction technology 5 Marks

TOTAL 100 Marks

List of Documents required to be submitted along with,

A) Agency / Firm Profile

1. The Scanned copy of Demand Draft of EoI fee of Nationalised Bank.

2. Audited balance sheet of last three financial years (2017-18, 2018-19, 2019-20).

3. Average Annual Turnover related to Building Projects of a construction agency/

Developer/ Builder for the last three consecutive financial years (2017-18, 2018-

19, 2019-20). This statement shall be duly certified by Chartered Accountant.

4. Income tax return of last three financial years (2017-18, 2018-19, 2019-20).

5. Copy of certificate of valid registration of Company/Firm.

6. Copy of GST registration; PAN No., etc. as applicable.

7. Copy of PF registration certificate.

8. Copy of valid license under Contract Labour (R&A) Act 1970.

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9. An Affidavit on Rs. 500 Stamp Paper pertaining to Blacklisting as mentioned in

the Clause B.3 of this EoI.

B) Technical

1. Certificate of work experience as mentioned in Eligibility Criteria (A-1, A-2, A-3)

2. Performance Report (Form B).

3. Detailed organizational structure including technical manpower. (Form C & D).

4. Details of construction Plants, equipment etc. available with the Agency /Firm.

(Form E).

5. Litigation Details (Form F).

6. Details of construction of dwelling units in India/abroad including number of

houses, carpet area, Agency /Firm for which it has been done (attach Certificate

from Department / Agency /Firm/Client).

7. Availability of sufficient manpower required for execution of project using

alternate / rapid construction technology (attach details) (Form ‘D’)

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LETTER OF TRANSMITTAL (On letter head of Agency /Firm)

Date:

From:

_____________________________

_____________________________

_____________________________

(Name of Agency /Firm)

To,

Managing Director & Chief Executive Officer

Maharashtra Housing Development Corporation

3rd Floor, Sakhar Bhavan, Ramnath Goenka Marg,

Nariman Point, Mumbai 400 021.

Subject: Submission of Expression of Interest for Empanelment

Construction Agency /Firm.

Sir,

Having examined the details given in EoI for the above work, we hereby submit

the EoI and relevant documents.

1. I / we hereby certify that all the statements made and information supplied in the

EoI and accompanying statements are true and correct.

2. I / we have furnished all information and details necessary for EoI and have no

further pertinent information to supply.

3. I / we submit the requisite certified solvency certificate and authorize the MHDC to

approach the Bank issuing the solvency certificate to confirm the correctness

thereof. I/ we also authorize MHDC to approach individual employers, firms and

corporation to verify our competency and general reputation.

4. I /we hereby certify that our company/firm has not been debarred/ blacklisted from

undertaking any work by any Agency /Firm/organization in India or abroad.

Certificate From:

Enclosures: Signature of applicant (s)

SEAL

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FORM ‘A- 1’

DETAILS OF ALL CONVENTIONAL WORKS COMPLETED IN INDIA DURING THE LAST SEVEN (7) CONSECUTIVE PREVIOUS

YEARS

SI.

No.

Name of

work/

Project

&

Location

No. of

Stories /

Height

of

Building

in M.

Owner or

sponsoring

Organization

(Client)

Cost

of

works

as per

tender

in

Crores

Date of

commencement

as per contract

Actual

cost of

work

completed

Stipulated

date of

completion

Actual

date of

completion

Constructed

Built up

Area in Sq.

M.

Litigation

/

arbitration

pending /

in

progress

with

Details *

Name &

address /

Email

ID/

telephone

of officer

to whom

reference

may be

made

Remarks

1 2 3 4 5 6 7 8 9 10 11 12 13

Signature of Authorised Representative of Construction Agency /Firm with Seal

* Indicate gross amount claimed and amount awarded by the Arbitrator separately.

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FORM ‘A- 2’

DETAILS OF ALL WORKS COMPLETED IN INDIA WITH ALTERNATE / RAPID CONSTRUCTION TECHNOLOGY DURING THE LAST

SEVEN (7) CONSECUTIVE PREVIOUS YEARS

SI.

No.

Name of

work/ Project

& Location

i/c number

of stories

and height of

building

Owner or

sponsoring

Organization

(Client)

Cost

of

works

In Cr.

Date of

commencement

as per contract

Stipulated

date of

completion

Actual

date of

completion

Built

up

area

in

sq. m

No. of

Houses

Litigation /

arbitration

pending / in

progress with

Details *

Name & address

/ Email ID/

telephone of

officer

to whom

reference

may be made

Remarks

(Mention

emerging

technology

used in

construction)

1 2 3 4 5 6 7 8 9 10 11 12


* Indicate gross amount claimed and amount awarded by the Arbitrator separately.

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FORM ‘A- 3’

DETAILS OF ALL WORKS COMPLETED IN ABROAD WITH ALTERNATE / RAPID CONSTRUCTION TECHNOLOGY DURING THE

LAST SEVEN (7) CONSECUTIVE PREVIOUS YEARS

SI.

No.

Name of

work/ Project

& Location

i/c number

of stories

and height of

building

Owner or

sponsoring

Organization

(Client)

Cost of

works

In Cr.

Date of

commencement

as per contract

Stipulated

date of

completion

Actual

date of

completion

Built up

area in

sq. m

No. of

Houses

Litigation /

arbitration

pending / in

progress with

Details *

Name & address

/ Email ID/

telephone of

officer

to whom

reference

may be made

Remarks

(Mention

emerging

technology

used in

construction)

1 2 3 4 5 6 7 8 9 10 11 12


* Indicate gross amount claimed and amount awarded by the Arbitrator separately

of 38

FORM ‘B’

PERFORMANCE REPORT OF WORKS REFERRED TO IN FOR “A-1, A-2, A-3”

(Format for information to be printed on Landscape)

1. Sr. No.

2. Name of work / Projects and Location

3. For Building works:- Height of building in mtr. & numbers of floor

4. Agreement No.

5. Client name:

6. Amount of Work:

7. Date of Starting of project:

8. Stipulated date of completion:

9. Actual date of completion:

10. Completion cost:

11. Justification for Delay, if any:

12. Amount of compensation

a. Levied for delayed completion, if any

b. Amount of reduced rate items, if any

13. Litigation tendency:

14. Feedback from client:

i. Quality of work Very good Good Fair Poor

ii. Finance Soundness Very Good Good Fair Poor

iii. Technical Proficiency Very Good Good Fair Poor

iv. Resourcefulness Very good Good Fair Poor

v. General behaviour Very good Good Fair Poor

Third party feedback, if any:

Signature & Stamp of applicant

Signature & Stamp of client with address & contact details

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FORM ‘C’

DETAILS OF ORGANIZATIONAL STRUCTURE

1. Name & address of the applicant

2. Telephone No. /Telex No./ Fax No.

3.

Legal Status of the applicant (attach copies of original

document defining the legal status(s)

(a) An individual

(b) A proprietary firm

(c) A firm in partnership

(d) A limited company or corporation

(e) Joint Venture (JV)

4.

Particulars of Registration / Empanelment with various

Government bodies (attach attested photocopy).

(a) Registration number

(b) Organization / place of Registration

i)

ii)

iii)

5. Name and titles of Director & Officer with designation to be

concerned with this work.

6. Designation of individual authorized to act for the

organization.

7.

Was the applicant ever required to suspend construction for a

period of more than six months continuously after you

commenced the construction? If so give the name of the

project and reason of suspension of work.

8.

Has the applicant or any constituent partner in case of

partnership firm ever abandoned the warded work before its

completion? If so, give name of the project and reason for

abandonment.

9.

Has the applicant or any partnership firm, ever been debarred /

black listed for tendering in any organization at any time? If so

give details.

10.

Has the applicant or any constituent partner in case of

partnership firm ever been convicted by court of law? If so,

give details

11. In which field of Civil Engineering construction you claim

specialization and interest.

12. Any other information considered necessary but not included

above.

13. List of the key technical Persons with qualification, experience

& Continuous period with Agency / Firm.

Authorized Signature of Applicant with Seal

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FORM ‘D’

Particulars of KEY PERSONNEL (including particulars of Directors/Partners/Key

Management Personnel of the Agency/ Firm / JV )

Sr.

No.

Designation of Key

Personnel Name

Educational

Qualification

Length of

Professional

Experience

No. of Years

Working

with this

firm No.

of Years

No. of

Eligible

Assignments

(1) (2) (3) (4) (5) (6) (7)


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FORM ‘E’

DETAILS OF CONSTRUCTION PLANT & EQUIPMENT AVAILABLE WITH THE AGENCY /FIRM

SI.

No. Name of equipment / company Nos.

Capacity

& type. Age Condition

Ownership status Current

location Remarks Presently

owned Leased

To be

purchased 1 Concrete Mixer (1 bag of cement)

2 Transit Concrete Mixer

3 Concrete Batching Plant

4 Concrete Pumping Machinery

5 JCB

6 Excavator

8 Water Pumps

9 Crane

10 Needle Vibrator

11 Surface Vibrator

12 Steel Bar Bending & Cutting Machine

13 Compactor

14 Roller

15 Water Tanker

16 Centering


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FORM ‘F’

LITIGATION DETAILS

Name of applicant / or parties:

Applicant should provide information on any History of litigation or arbitration

resulting from contracts executed in last three years or currently under execution:

Sr.

No. Year

Award for / against

applicant

Name of client, cause of

litigation &

matter of dispute

Disputed Amount

in INR.

1 2 3 4 5


NOTE:

1. The above information shall be supported with necessary documents otherwise the same

shall be treated as null & void.

2. If the information to be furnished in this schedule will not be given & come to the notice

subsequently will result in disqualification of Agency /Firm.

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Page 1

APPENDIX I

(Power of Attorney for Signing of Application)

Know all men by these presents, We………………………………………. (name of the

firm and address of the registered office) do hereby irrevocably constitute, nominate,

appoint and authorise Mr/ Ms (name)………………………………………………….

son/daughter/wife of ………………………………………….. and presently residing at

…………………… who is presently employed with us/ the Lead Member of our Firm /

JV and holding the position of ………………………………… as our true and lawful

attorney (hereinafter referred to as the "Attorney") to do in our name and on our behalf, all

such acts, deeds and things as are necessary or required in connection with or incidental to

submission of our application for pre-qualification and submission of

…………………………required by ---------------------------------------------------- the

"Authority") including but not limited to signing and submission of all applications, bids

and other documents and writings, participate in Pre Applications and other conferences

and providing information/ responses to the Authority, representing us in all matters

before the Authority, signing and execution of all contracts including the Concession

Agreement and undertakings consequent to acceptance of our bid, and generally dealing

with the Authority in all matters in connection with or relating to or arising out of our bid

for the said Project and/ or upon award thereof to us and/or till the entering into of the

Concession Agreement with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,

deeds and things done or caused to be done by our said Attorney pursuant to and in

exercise of the powers conferred by this Power of Attorney and that all acts, deeds and

things done by our said Attorney in exercise of the powers hereby conferred shall and

shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE,………………………...THE ABOVE NAMED

PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS…………

DAY OF………...

For…………………….

(Signature, name, designation and address)

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Appendix I

Page 2

Witnesses:

1.

(Notarised)

2.

Accepted

(Signature)

(Name, Title and Address of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executants (s) and when it is so required, the same should be under common seal affixed

in accordance with the required procedure.

Wherever required, the Applicant should submit for verification the extract of the charter

documents and documents such as a board or shareholders' resolution/ power of attorney

in favour of the person executing this Power of Attorney for the delegation of power

hereunder on behalf of the Applicant.

For a Power of Attorney executed and issued overseas, the document will also have to be

legalised by the Indian Embassy and notarised in the jurisdiction where the Power of

Attorney is being issued. However, the Power of Attorney provided by Applicants from

countries that have signed the Hague Legislation Convention 1961 are not required to be

legalised by the Indian Embassy if it carries a conforming Apostille certificate.

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APPENDIX II

Page 1

( Power of Attorney for Lead Member of Firm / JV )

Whereas Maharashtra Housing Development Corporation Limited, Mumbai (the

"Authority") has invited applications from interested parties for Empanelment of

Agency /Firm for Construction of Housing / Building using Conventional/ Alternate /

rapid construction Technologies on Design Built bases for Affordable Housing Project

in the State of Maharashtra.

………………………………... and ………………………… (collectively the

“Firm”/ “JV”) being Members of the Firm / JV are interested in bidding for the Project

in accordance with the terms and conditions of the Request for Qualification document

(EoI) and other connected documents in respect of the Affordable Housing Project,

and

Whereas, it is necessary for the Members of the Firm / JV to designate one of them as

the Lead Member with all necessary power and authority to do for and on behalf of the

Firm / JV, all acts, deeds and things as may be necessary in connection with the Firm /

JV bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

we, …………………….. having our registered office at………….. M/S. …………

………………….. having our registered office at……………M/S. ………………..

having our registered office at …………………… and ……………………………

having our registered office at …………………... (hereinafter collectively referred to

as the "Principals") do hereby irrevocably designate, nominate, constitute, appoint and

authorise M/S ………………………….. having its registered office at

………………..being one of the Members of the Firm / JV , as the Lead Member and

true and lawful attorney of the Firm / JV (hereinafter referred to as the "Attorney'). We

hereby irrevocably authorise the Attorney (with power to sub delegate) to conduct all

business for and on behalf of the Firm / JV and any one of us during the bidding

process and, in the event the Firm / JV is awarded the concession/contract, during the

execution of the Project and in this regard, to do on our behalf and on behalf of the

Firm / JV, all or any of such acts, deeds or things as are necessary or required or

incidental to the pre-qualification of the Firm / JV and

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Page 2

Appendix II

submission of its bid for the Project, including but not limited to signing and

submission of all applications, bids and other documents and writings, participate in

bidders and other conferences, respond to queries, submit information/ documents, sign

and execute contracts and undertakings consequent to acceptance of the bid of the Firm

/ JV and generally to represent the Firm / JV in all its dealings with the Authority, and/

or any other Government Agency /Firm or any person, in all matters in connection with

or relating to or arising out of the Firm / JV 's bid for the Project and/ or upon award

thereof till the Concession Agreement is entered into with the Authority.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,

deeds and things done or caused to be done by our said Attorney pursuant to and in

exercise of the powers conferred by this Power of Attorney and that all acts, deeds and

things done by our said Attorney in exercise of the powers hereby conferred shall and

shall always be deemed to have been done by us / Firm / JV.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS …………………DAY

OF…………2 ………..

For…………

(Signature)

……………

(Name & Title)

For……….

(Signature)

………….

(Name & Title)

For………..

(Signature)

…………..

(Name & Title)

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Page 3

Appendix II

Witnesses:

1.

2.

……………………………………………..

(Executants)

(To be executed by all the Members of the Firm / JV )

Notes:

• The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executants (s) and when it is so required, the same should be under common seal

affixed in accordance with the required procedure.

• Also, wherever required, the Applicant should submit for verification the extract of

the charter documents and documents such as a board or shareholders' resolution/

power of attorney in favour of the person executing this Power of Attorney for the

delegation of power hereunder on behalf of the Applicant.

• For a Power of Attorney executed and issued overseas, the document will also have

to be legalised by the Indian Embassy and notarised in the jurisdiction where the

Power of Attorney is being issued. However, the Power of Attorney provided by

Applicants from countries that have signed the Hague Legislation Convention 1961

are not required to be legalised by the Indian Embassy if it carries a conforming

Apostille certificate.

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Page 1

Appendix III

JOINT BIDDING AGREEMENT

(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ……………day of .....

...........20 ...

AMONGST

1. {……….. Limited, a company incorporated under the Companies Act, 1956} and

having its registered office at (hereinafter referred to as the "First Part" which

expression shall, unless repugnant to the context include its successors and

permitted assigns).

AND

2. {………. Limited, a company incorporated under the Companies Act, 1956} and

having its registered office at (hereinafter referred to as the "Second Part" which


permitted assigns)

AND

3. ------------Limited, a company incorporated under the Companies Act, 1956 and

having its registered office at (hereinafter referred to as the "Third Part" which


permitted assigns)} *

The above-mentioned parties of the FIRST, SECOND, and THIRD PART

are collectively referred to as the "Parties" and each is individually referred to as a

"Party'

WHEREAS,

(A) Maharashtra Housing Development Corporation, represented by its Executive

Engineer (hereinafter referred to as the "Engineer In Charge")

*The number of Parties will be shown here, as applicable, subject however to a

maximum of 3 (Three) shall, unless repugnant to the context or meaning thereof,

include its administrators, successors and assigns) has invited applications (the

Applications") by its Expression of interest No………… dated………. (The “EoI")

for pre-qualification and short listing of bidders for…………………………….. on

Design, Build, Finance, Operate and Transfer (the "DBFOT") basis.

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Appendix III

Page 2

( B ) The Parties are interested in jointly bidding for the Project as members of a Firm /

JV and in accordance with the terms and conditions of the EoI document and

other bid documents in respect of the Project, and

(C) It is a necessary condition under the EoI document that the members of the Firm /

JV shall enter into a Joint Bidding Agreement and furnish a copy thereof with the

Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires,

have the meaning ascribed thereto under the EoI.

2. Firm / JV

2.1 The Parties do hereby irrevocably constitute a Firm / JV (the "Firm / JV ") for the

purposes of jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this

Firm / JV and not individually and/ or through any other Firm / JV constituted for

this Project, either directly or indirectly or through any of their Associates.

3. Covenants

The Parties hereby undertake that in the event the Firm / JV is declared the selected

Bidder and awarded the Project, it shall incorporate a special purpose vehicle (the

"SPV") under the Indian Companies Act 1956 for entering into a Concession

Agreement with the Authority and for performing all its obligations as the

Concessionaire in terms of the Concession Agreement for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described

below:

• Party of the First Part: - shall be the Lead member of the Firm / JV and shall have

the power of attorney from all Parties for conducting all business for and on behalf of

the Firm / JV during the Bidding Process and until the

Appendix III

Page 3

of 38

Appointed Date under the Concession Agreement when all the obligations of the

SPV shall become effective;

• Party of the Second Part :- shall be {the Technical Member, Operation and

Maintenance Member , Other Member of the Firm / JV ;

• Party of the Third Part :- shall be the Financial Member of the Firm / JV }

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all

obligations and liabilities relating to the Project and in accordance with the terms of

the EoI and the Concession Agreement, till such time as the Financial Close for the

Project is achieved under and in accordance with the Concession Agreement.

6. Shareholding in the SPV

6.1 The Parties agree that the proportion of shareholding among the Parties in the SPV

shall be as follows:

First Party:

Second Party:

Third Party:

6.2 The Parties undertake that a minimum of 26% (twenty six per cent) of the subscribed

and paid up equity share capital of the SPV shall, at all times till the second

anniversary of the date of commercial operation of the Project, be held by the Parties

of the First, {Second and Third) Part whose experience and net worth have been

reckoned for the purposes of qualification and shortlisting of Applicants for the

Project in terms of the EoI.

6.3 The Parties undertake that each of the Parties specified in Clause 6.2 above shall, at

all times between the commercial operation date of the Project and the second

anniversary thereof, hold subscribed and paid up equity share capital of SPV

equivalent to at least 5% (five per cent) of the Total Project Cost.

6.4 The Parties undertake that they shall collectively hold at least 51% (fifty one per

cent) of the subscribed and paid up equity share capital of the SPV at all times until

the second anniversary of the commercial operation date of the Project.

6.5 The Parties undertake that they shall comply with all equity lock-in requirements set

forth in the Concession Agreement.

Appendix III

Page 4

of 38

6.6 The Parties undertake that the O&M Member shall subscribe and hold at least 10%

(ten per cent) of the subscribed and paid up equity shares in the SPV2 in terms ofthe

Concession Agreement.) 1

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

a) Such Party is duly organised, validly existing and in good standing under the laws of

its incorporation and has all requisite power and authority to enter into this

Agreement;

b) The execution, delivery and performance by such Party of this Agreement has been

authorised by all necessary and appropriate corporate or governmental action and a

copy of the extract of the charter documents and board resolution/ power of attorney

in favour of the person executing this Agreement for the delegation of power and

authority to execute this Agreement on behalf of the Firm / JV Member is annexed to

this Agreement, and will not, to the best of its knowledge:

i. Require any consent or approval not already obtained;

ii. Violate any Applicable Law presently in effect and having applicability to it;

iii. Violate the memorandum and articles of association, by-laws or other applicable

organisational documents thereof;

iv. violate any clearance, permit, concession, grant, license or other governmental

authorisation, approval, judgement, order or decree or any mortgage agreement,

indenture or any other instrument to which such Party is a party or by which such

Party or any of its properties or assets are bound or that is otherwise applicable to

such Party; or

v. create or impose any liens, mortgages, pledges, claims, security interests, charges or

Encumbrances or obligations to create a lien, charge, pledge, security interest,

encumbrances or mortgage in or on the property of such Party, except for

encumbrances that would not, individually or in the aggregate, have a material

adverse effect on the financial condition or prospects or business of such Party so as

to prevent such Party from fulfilling its obligations under this Agreement;

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Appendix III

Page 5

c) This Agreement is the legal and binding obligation of such Party, enforceable in

accordance with its terms against it; and Add further conditions relating to the O&M

Member, if any.

d) There is no litigation pending or, to the best of such Party's knowledge, threatened to

which it or any of its Affiliates is a party that presently affects or which would have a

material adverse effect on the financial condition or prospects or business of such

Party in the fulfilment of its obligations under this Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full

force and effect until the Financial Close of the Project is achieved under and in

accordance with the Concession Agreement, in case the Project is awarded to the

Firm / JV . However, in case the Firm / JV is either not pre-qualified for the Project

or does not get selected for award of the Project, the Agreement will stand

terminated in case the Applicant is not pre-qualified or upon return of the Bid

Security by the Authority to the Bidder, as the case may be.

9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of {India}.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the

Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by: Second Part

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

SIGNED, SEALED AND DELIVERED

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Appendix III

Page 6

For and on behalf of

Third Part

(Signature)

(Name)

(Designation)

(Address)

In the presence of:

1. 2.

Notes:

1. The mode of the execution of the Joint Bidding Agreement should be in accordance

with the procedure, if any, laid down by the Applicable Law and the charter

documents of the executants (s) and when it is so required, the same should be

under common seal affixed in accordance with the required procedure.

2. Each Joint Bidding Agreement should attach a copy of the extract of the charter

documents and documents such as resolution / power of attorney in favour of the

person executing this Agreement for the delegation of power and authority to

execute this Agreement on behalf of the Firm / JV Member.

3. For a Joint Bidding Agreement executed and issued overseas, the document shall

be legalised by the Indian Embassy and notarized in the jurisdiction where the

Power of Attorney has been executed.

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