Noida Metro Rail Corporation (NMRC) Ltd. has invited online open e-Bids from interested Bidder/s to submit their proposals as per provisions for licensing of Mock-Up metro train coach for commercial utilisation at sec-137 metro station in NMRC network.
- Tender Reference Number: NMRC/PB/Mock-Up-Coach/124R3/217/2022
- Name of Work: Tender for licensing of Mock-Up metro train coach for commercial utilisation at sec-137 metro station in NMRC network.
- License Period: 09 Years
- EMD: INR 02 Lakh
- Document Download / Sale Start Date: 23rd August, 2022
- Document Download / Sale End Date: 19th September, 2022
- Pre-bid Meeting: 30th August, 2022
- Bid Submission Start Date: 23rd August, 2022
- Bid Submission End Date: 19th September, 2022
- Bid Opening Date: 19th September, 2022
Scope of Work:
- Presently the Mock-Up-Train Coach is available in the Metro Train Depot in the Greater Noida Region. This train coach will be relocated at a designated place from Metro Depot to Noida Sec – 137 Metro Station at the cost and risk of Successful Bidder/Licensee. During the relocation of Metro Coach, it is the responsibility of the Successful Bidder that no damage should occur to Metro Coach (“the asset”) and the successful bidder shall also insure the Metro coach against any likely loss/damage during its shifting and whole commercial utilization period.
- The Successful Bidder/Licensee may modify the setting inside the Metro Coach for Commercial purpose post approval from NMRC in the layout/plan. Successful Bidder/Licensee have the rights to utilize the said Metro Coach for any commercial purpose except for banned usages/negative list defined in the RFP/Tender document subject to the terms and conditions as specified by NMRC. Preferably the space may be used for opening/operating of Eateries/Food Courts/Innovative Library/Sound and Laser Show etc.
- The offered Metro Coach must be placed within/inside a feasible and designated land parcel of 300 Sqm (30 m x 10 m) area as per detail available at Annexure-19, 20 & 21 of this RFP/Tender Document. Though the space for placing of Metro Coach is indicated but it is tentative and might be changed slightly due to any reason. The space will be provided as an open space at the ground floor and Metro Coach will be provided on “as is where is basis”. It is the successful bidder/Licensee’s responsibility to develop the Metro Coach as per their business concept with stipulation that no drilling/cutting shall be permitted inside/outside of the Metro coach.
- The Successful Bidder/Licensee will also be permitted to develop the circulating area around the Metro Coach as a landscape/green area with sitting arrangements or in any innovative way without any permanent ground coverage and without any advertisement with prior approval of NMRC. Due to any reason, if any part or whole of the structure is required to be removed on operational ground or otherwise, the successful bidder shall do it peacefully without any delay or demur. No claim for compensation/costs/damage etc. would be entertained on this account by NMRC.
- Successful bidders shall be required to execute all work at their own cost and as per NMRC specifications as required for commercial development of the tendered space.
- The successful bidder shall be required to adhere to the building design (if required during the commercial exploitation of Metro Coach) but there are no limitations on planning and subdivision of interior 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/commuters/public nor a safety hazard to any one and not limited to Metro commuters and also not in violation of local bodies guidelines. 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, fire fighting etc, if necessary & applicable. It is to be clearly understood that all such clearances are to be obtained by the successful bidder and the NMRC may only provide assistance wherever possible without any obligations.
- 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 purpose/business will be sole responsibility of the successful bidder. NMRC shall not be responsible for any such procurement and shall not entertain any claims in this regard.
- Fire fighting and other related infrastructure (if required as per prevailing law) to be installed/arranged at its own cost for the tendered space by the successful bidder.
- The successful bidder shall at all times adhere to all provisions of the Metro Railways (Operations & Maintenance Act, 2002) and also to instructions issued from time to time from the MD, NMRC or its representatives.
- Operate, Manage and maintain the entire offered space with adequate trained and experienced team for responsibilities as defined in this RFP/Tender Document.
- Marketing/Promoting/Sub-Licensing of the offered spaces as specified in this RFP/tender Document. Except for sub-licensing, the use of the tendered spaces as per the terms of this RFP/Tender Document, the successful bidder shall not assign any of its rights, or interest in respective license agreement in favour of any company/person(s) at any time and for any reasons whatsoever.
- Under no circumstances, shall the tendered spaces or facilities constructed or installed 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 ensures that no use of polythene baggage/bags/single use plastic at the tendered area/licensed area/outlets.
- The successful bidder shall be responsible for obtaining the fire NOC (If required) from the concerned authorities on its own. NMRC may provide assistance (if required) in this regard.
- Comply with all statutory requirements in connection with this tender document & commercial development in the Tendered Area.
- The Bidder’s competence and capability is proposed to be established by the following parameters. The Bidder should meet all the criteria given in this Chapter.
- The bidder should be of any entity i.e. Sole Proprietorship, Registered Partnership Firm, LLP, Public Limited Company, Private Limited Company or Consortium of any of the above. Consortium members preferably should be of two & in no case more than three. The firms and the companies should be registered in India & incorporated under the companies act 1956/2013.
- The Bidders’ competence and financial capacity is proposed to be established in terms of average annual turnover (“Average Annual Turnover”). The Bidder should have minimum average annual turnover in out of 3 (three) Financial Years (2018-19, 2019-20 & 2020-2021) from all sectors of business, preferably of commercial development/real estate/operations of commercial kiosks preceding to the e-Bid Due Date in the tune of Rs. 45.00/- lacs.
- In case of a Bid by a Consortium, an undertaking of compiler JV & Consortium conditions along with relevant documents must be submitted. Following Conditions shall be abided by JV/Consortium members:
- For the purpose of evaluation of the consortium, each member’s contribution towards the turnover shall be considered in the same ratio of their equity participation in the consortium. (Illustration: Say If “A” and “B‟ are two members of Consortium. “A” is having 70% equity holding in Consortium and “B” is having 30% equity holding in Consortium. In such a condition, 70% of “A’s” total turnover and 30% of “B’s” total turnover will be taken into consideration for evaluation of eligibility of the Consortium).
- The Lead Member of the Consortium shall maintain a minimum percentage share of 51% of the aggregate shareholding of the Consortium during full tenure of License Agreement.
- Any change in percentage stake of Consortium members without prior written approval of NMRC shall be treated as Material Breach of Contract and Licensee’s Event of Default entitling NMRC to encash Interest Free Security Deposit/Performance Security and /or to terminate the License Agreement after 30 days notice.
- Minimum percentage stake of any member in Consortium during license period (including lock-in period) shall not be less than 15%.
- Partners having less than 26% participation shall be considered as non substantial partners and shall not be considered for evaluation which means that their eligibility shall not be considered for evaluation of Consortium.
- All members of such entities shall be jointly and severally liable for the due performance of License agreement.
The Bidder/ any of the consortium members should not have been:
- Blacklisted/ banned/ debarred business/ declared ineligible for corrupt and fraudulent practices by NMRC/any other Metro Organizations (100% owned by Govt.) Ministry of Housing & Urban affairs/Order of Ministry of Commerce, applicable for all ministries/ State Government and its agencies and supreme Court of india as on date of tender Submission.
- Also no contract of the Bidder executed in either individually or in a JV/Consortium, should have been rescinded/terminated by NMRC after award due to non-performance of the Bidder or any of JV/Consortium members.
- In case at a subsequent date the successful bidder/licensee is found to have been banned for business given above, NMRC shall be at liberty to and have full rights to cancel the allotment of subjected contract/License Agreement and forfeit the Interest Free security Deposit after adjusting any dues payable by the successful bidder/Licensee.
- If there is any misrepresentation of facts by the bidder in their bid submission, the same will be considered as “Fraudulent practice” and the bid submission of such bidders will be summarily rejected and also further action shall be taken as per terms of RFP Document and/or other applicable laws/rule.
- Bidder/Consortium members shall undertake the above as per Annexure of RFP.
Tender documents can be downloaded from e-tendering website http://etender.up.nic.in
Source: NMRC -Tender | Image Credit (representational): NMRC