Delhi Metro Update: Tender invited for licensing of bare space for commercial utilisation at Okhla Vihar metro station

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Delhi Metro Rail Corporation Ltd. (DMRC) has invited open e-tenders from eligible applicants, who fulfil qualification criteria for licensing of bare space for commercial utilisation at Okhla Vihar metro station of line – 8 of DMRC.

  • Tender Reference Number: 12280001/BS
  • Name of Work: Tender for licensing of bare space for commercial utilisation at Okhla Vihar metro station of line – 8 of DMRC.
  • EMD: INR 2.58 Lakh
  • Completion Period: 5475 Days
  • Document Download / Sale Start Date: 20th January, 2023
  • Document Download / Sale End Date: 20th February, 2023
  • Pre-bid Meeting: 02nd February, 2023
  • Bid Submission Start Date: 10th February, 2023
  • Bid Submission End Date: 20th February, 2023
  • Tender Opening Date: 21st February, 2023

Scope of work:

  • Successful bidders shall have the rights to utilize the said Bare Space as offered in this Tender Document (Area at annexure-1) for commercial purpose except for banned usages/ negative list as given in Annexure -14 subject to the terms and conditions as specified by DMRC.

Successful bidder shall be responsible for the following activities:

  • The offered Bare Space as detailed in Annexure -1 of this tender document will be provided on “as is where is” basis. It is the successful bidder’s responsibility to develop the entire offered bare space at their own cost as per DMRC specifications, operational and other feasibility and after obtaining prior approval from DMRC.
  • Successful Bidders shall be permitted to develop the offered Bare Space by creating only temporary structures as per DMRC specifications.
  • Due to any reason, if any part or whole of the structure developed in/at licensed space, is required to be dismantled & removed, the successful bidder shall do it peacefully without any delay or demur. No claim for compensation/ costs/ damages etc. would be entertained on this account by DMRC.
  • Successful bidders shall be required to execute all work at their own cost as required for commercial development of the tendered area where only temporary structure shall be constructed/ developed.
  • The Successful bidder shall be required to adhere to the building design, however, there are no limitations on planning and subdivision of the interior licensed floor space. However, within these parameters, maintaining the structural safety and integrity shall be the sole responsibility of the successful bidder.
  • The Successful bidder shall also ensure that the proposed commercial development within the tendered area is neither an impediment for smooth flow of traffic nor a safety hazard for DMRC civil structures or for its commuters and public at large.
  • The successful bidder shall also ensure that all existing utilities and facilities (if any) falling within the said tendered space will be kept accessible and the successful bidder shall not interfere or tamper with those installations at any time.
  • Notwithstanding anything mentioned above, the successful bidder is required to adhere to the provisions of the prevailing master plan and the building bye-laws of the authorities having jurisdiction over the tendered space for the development works to be undertaken.
  • The successful bidder shall obtain all clearances and sanctions as required from the competent authorities for building sub-plans, utilities, firefighting, etc. at its own cost. It is to be clearly understood that all such clearances are to be obtained by the successful bidder and the DMRC may only provide assistance wherever possible without any obligation.
  • Procuring all the permissions/ licenses etc. required from the statutory/ regulatory/ civic authorities concerned, to be able to use the tendered space for desired commercial purposes/ business, will be sole responsibility of the successful bidder. DMRC shall not be responsible for any such procurement and shall not entertain any claims in this regard.
  • Firefighting and other infrastructure created within the tendered space must be integrated with that already provided /planned for the metro station by DMRC.
  • The successful bidder shall at all times adhere to all provisions of the Delhi Metro Railway (Operation And Maintenance) Act, 2002 and amendments thereto and shall also comply with all notices and circulars issued by DMRC in this regard.
  • Operate, manage and maintain the entire offered space with adequate trained and experienced team for responsibilities as defined in this tender document.
  • The successful bidder(s) may use or allow the use of tendered/licensed space for any activities except for activities mentioned in list of banned usages placed at Annexure-14 of tender document.
  • Marketing / Promoting / Sub- licensing of the offered space as specified in this tender document. Except for sub- licensing the use of the tendered bare space as per the terms of this tender document, the successful bidder shall not assign any of its rights, or interest in the respective license agreement in favour of any company/person(s) at any time and for any reasons whatsoever.
  • Under no circumstances, shall the tendered Bare Space or facilities constructed or installed thereon in the form of temporary structure, at the licensed space / tendered space be mortgaged, charged or otherwise put under any lien (including negative lien), and no charge or encumbrance will be created or agreed to be created in favour of any person, including the Lenders/ Financial Institution (s)/ Banks etc.
  • Successful bidder shall ensure that no use of polythene baggage / bags at the tendered area/ licensed area.
  • The successful bidder shall be responsible for obtaining fire NOC for their licensed area/space from Delhi Fire Services.
  • Comply with all statutory requirements in connection with this tender document.
  • Ensure regular and timely payments of all amounts due to DMRC and discharge all obligations as per provisions of this tender document.
  • Payment of all statutory taxes, GST, local levies, statutory dues, etc. as and when due and as applicable.
  • The augmentation works of fire tank of 1,00,000 Litres & fire pumps of 2850 LPM along with related accessories shall be carried out by the successful bidder.
  • The complete work is to be carried out by the successful bidder at its own cost in the supervision and guidance of E&M Wing of DMRC and on completion, the same will be technically examined and approved by DMRC.
  • Any other items not listed above but required for completion of works shall also to be carried out by a successful bidder.

Eligibility:

  • The Applicant may be any entity i.e. sole proprietorship firm, a partnership firm or a company having registered office in India & incorporated under the companies act 1956/2013 or a combination of above in the form of Joint Venture (JV) or Consortium having the below mentioned minimum average annual turnover or gross turnover in last (3) three financial years from any business.
  • The Applicant shall upload audited financial statements duly certified by its statutory auditor/chartered accountant including Profit & Loss account statement of last three financial years i.e. 2019-20, 2020-21 & 2021-22 and information as per Annexure-4.
  • The Applicant shall submit the audited annual reports/ financial statements of last 3 financial years (In the present case, it shall be for, F.Y, 2019-20, 2020-21, 2021-22) along with certificate from statutory auditor/chartered accountant as per Annexure-4.
  • In case of JV/consortium, the financial audited reports of each relevant member of the consortium for the last 3 years as above shall be submitted.
  • If audited reports/ financial statements for the latest F.Y. (2021-22) is not yet available/audited, then the Applicant (s) is required to submit reports for F.Y 2018-19, 2019-20 & 2020-21 along with an affidavit and a certificate from its statutory auditor/chartered accountant certifying that the balance sheet for F.Y. 2021-22 has not been audited so far.
  • In case audited financial statements of last 3(three) preceding years other than the last/ latest financial year i.e.2021-22, are not submitted, the bid shall be considered as non-responsible and shall not be considered for evaluation.
  • In case of mismatch in financial data in the submitted documents i.e. in statutory auditors’ or chartered accountants’ certified documents and data in audited balance sheet and Profit & Loss Account, the data from the audited balance sheets and Profit & Loss Account shall prevail.
  • An undertaking stating/providing the necessary supporting documents, including audited accounts and financial statements have been provided. In case audited financial statements of last three (3) preceding years other than the last financial year i.e. 2020-21 are not submitted, the bid shall be considered as non-responsive and shall not be evaluated.
  • Bidder shall undertake that they have not been banned from Business, as on date of Tender submission as per following. The said undertaking shall be submitted on a non judicial stamp paper of Rs. 100/- (duly notorized).
  • DMRC/ any other metro organisations (100% owned by govt.)/Ministry of Housing & Urban Affairs/Order of Ministry of Commerce, applicable for all Ministries must not have banned/debarred business with the bidder(s)/tenderer (including any member in case of JV/consortium) as on the date of tender submission. The tenderer should submit undertaking to this effect in Annexure8A of Tender Document.
  • During last 3 years, no contract of the bidder / tenderer executed in either individually or in a JV / Consortium should have been rescinded / terminated by DMRC after its award (from the last day of the previous month of a tender submission) due to non- performance of the bidder/ tenderer or any of JV / Consortium members. The tenderer should submit undertaking to this effect in Annexure 8A of tender document.
  • In case at a subsequent date the successful bidder/licensee is found to have been banned for business as given above, DMRC shall be at liberty to and have full rights to cancel the allotment of bare space and forfeit the Interest Free Security Deposit after adjusting any dues payable by the successful bidder/licensee. The tenderer should submit undertaking to this effect in Annexure 8A of Tender Document.
  • Bidder/SPV (either as single entity or as a member of JV/Consortium or SPV of JV/Consortium/Single entity) having any existing lease/license agreement of DMRC property(ies) will be considered ineligible to participate in the bid if as on last date of submission of this tender the lessee/licensee:
  • Has any dues pending for more than 90 days.
  • Has any case wherein any licensed / leased space / premises have not yet been vacated after completion of the tenure of the lease including grace period (if any provided) or after premature termination / surrender of lease.
  • Has any case wherein the possession of any licensed / leased space / premises has not yet been taken over by them due to reasons attributable to them.
  • Has an un-resolved case of non vacation of encroached area including encroachment of common areas / circulating area or any other space which has not been licensed to them even after a notice has been issued to vacate.
  • Has not opened the Escrow account for the license / lease agreement(s) of DMRC in which there is a provision of opening of Escrow account.
  • Has not ensured that sub-Lessees are making all the payments whatsoever through escrow account and does not remit all DMRC dues through said Escrow account, if Escrow Account is opened
  • In case the bidder is DMRC’s existing lessee/licensee/concessionaire for some other space licensed/ leased/ concessioner out by DMRC, the bidder is required to submit the details by duly filling up Annexure 12 & 13. In case the bidder is not an existing lessee/licensee/ concessionaire of DMRC, the fact shall be clearly stated in the Annexure.

Tender document can only be obtained after registration of tenderer on the website https://eprocure.gov.in/eprocure/app


Source: DMRC- Tender | Image Credit (representational): DMRC

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