PART_3

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY
(MMRDA)
BIDDING DOCUMENTS
FOR
DESIGN, MANUFACTURE, SUPPLY, INSTALLATION, INTEGRATION,

TESTING AND COMMISSIONING OF POWER SUPPLY AND TRACTION,
ELECTRICAL & MECHANICAL AND LIFTS & ESCALATORS INCLUDING
15 YEARS OF COMPREHENSIVE MAINTENANCE AFTER 2 YEARS OF
DEFECT LIABILITY MAINTENANCE PERIOD FOR MUMBAI METRO LINE
4 AND EXTENSION CORRIDOR (4A) [WADALA – KASARVADAVALI -
GAIMUKH] OF MUMBAI METRO RAIL PROJECT OF MMRDA.
BID NO. CA-236
TENDER DOCUMENTS
PART III
SECTION 7 - General Conditions of Contract (GCC)
SECTION 8 - Particular Conditions of Contract (PCC)
FEBRUARY - 2024
EMPLOYER
Mumbai Metropolitan Region Development Authority (MMRDA),
Bandra Kurla Complex, Bandra (E),
Mumbai – 400051
https://mahatenders.gov.in/nicgep/app
BIDDING DOCUMENTS FOR PST/E&M/L&E
Composition of Documents
PART I Bidding Procedure
SECTION 1 Instructions to Bidders (ITB)
SECTION 2 Bid Data Sheet (BDS)
SECTION 3 Evaluation and Qualification Criteria (EQC)
SECTION 4A Bidding Forms (BDF) for Qualification
SECTION 4B Bidding Forms (BDF) for Technical Proposal
SECTION 4C Pricing Documents
SECTION 5 Eligible Countries (ELC)
KfW Policy - Sanctionable Practice – Social and Environmental

SECTION 5A
Responsibility
PART II Employer’s Requirements
SECTION 6A General Specifications for PST, E&M and L&E
B1-Scope of work for PST

SECTION 6B
B2-Technical Specifications for PST
C1 - Technical Specifications-Design Scope of work (E&M)
SECTION 6C C2 - Technical Specifications-Design Specification (E&M)
C3 - Technical Specifications-Construction Specification (E&M)
D1 - Technical Specifications- Elevators (Lifts)

SECTION 6D
D2 - Technical Specifications- Escalators
SECTION 6E Not used
Supplementary Information to Section 6
(i) Drawings for PST
(ii) GFC Station Architectural Drawings
SECTION 6F (iii) Depot Architectural Drawings
(iv) Stations SEM Drawings
(v) Stations E&M Drawings
SECTION 6G Schedule of Dimensions (SOD) include Kinematic Envelopes

SECTION 6H Certification
SECTION 6I Change Order
SECTION 6J1 Interface Management Procedure
SECTION 6J2 Interface Matrix (Internal and External)
SECTION 6J3 Interface Matrix for Maintenance Service
SECTION 6K Employer’s Requirements Maintenance Specifications
Specifications for Environmental, Social, Health and Safety

SECTION 6L
Management (ESHS)
SECTION 6M Project Information Sheet
PART III Conditions of Contract and Contract Forms
SECTION 7 General Conditions of Contract (GCC)
SECTION 8 Special / Particular Conditions of Contract (SCC/PCC)
SECTION 9 Contract Forms (COF)

PREFACE
This part contains the Particular Conditions of Contract for the Project: DESIGN,
MANUFACTURE, SUPPLY, INSTALLATION, INTEGRATION, TESTING AND
COMMISSIONING OF POWER SUPPLY AND TRACTION, ELECTRICAL &
MECHANICAL AND LIFTS & ESCALATORS INCLUDING 15 YEARS OF
COMPREHENSIVE MAINTENANCE AFTER 2 YEARS OF DEFECT LIABILITY
MAINTENANCE PERIOD FOR MUMBAI METRO LINE 4 AND EXTENSION CORRIDOR
(4A) [WADALA – KASARVADAVALI - GAIMUKH] OF MUMBAI METRO RAIL PROJECT
OF MMRDA.
Table of Contents - Summary Description
PART I
BIDDING PROCEDURES
Section 1 - Instructions to Bidders (ITB) ----------------------------------------------------1-1
This Section specifies the procedures by Bidders in the preparation and submission of their Bids
following a Single-Stage, Two-Envelope bidding procedure. Information is also provided on the
submission, opening, and evaluation of bids and on the award of contract.
Section 2 - Bid Data Sheet (BDS) ------------------------------------------------------------2-1
This Section consists of provisions that are specific to each procurement and supplement the information
or requirements included in Section 1 - Instructions to Bidders.
Section 3 - Evaluation and Qualification Criteria (EQC) --------------------------------3-1
This Section contains the bid evaluation criteria to determine the lowest evaluated bid and specifies the
necessary qualifications of Bidders.
Section 4 - Bidding Forms (BDF) -------------------------------------------------------------4-1
This Section contains the forms which are to be completed by the Bidder and submitted as part of its Bid.
Section 5 - Eligible Countries (ELC) ----------------------------------------------------------5-1
This Section contains the list of eligible countries
Section 5A - KfW Sanctionable Practice---------------------------------------------------5A-1
PART II REQUIREMENTS
Section 6 - Employer’s Requirements (ERQ) ---------------------------------------------6-1
This Section contains the Employer’s Requirements: General Specification and Technical Specifications,
Specification for Environmental, Social, Health and Safety Management and Supplementary Information:
Bid Drawings and SOD, Guidelines for Noise and Vibrations, General Rules, 2013 and opening of Metro
Railways, Health and Safety Plan, Interface Management Procedure, Procedure for Safety Certification
& Technical Clearance, Harmonized Guidelines for Persons with Disability & Elderly Persons,
Codification Manual and System Assurance Procedure that describe the plant and services to be
procured, Personnel Requirements, Equipment Requirements, Certificates, and Change Orders
PART III CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section 7 - General Conditions of Contract (GCC) ---------------------------------------7-1
This Section contains the general clauses to be applied in all contracts. These Conditions are subject to
the variations and additions set out in Section 8 (Particular Conditions of Contract).
Section 8 - Particular Conditions of Contract (PCC) -----------------------------------8-1

This Section contains provisions that are specific to each contract and that modify or supplement the
GCC. Whenever there is a conflict, the provisions herein shall prevail over those in the GCC. The clause
number of the PCC is the corresponding clause number of the GCC.
Section 9 - Contract Forms (COF)--------------------------------------------------------------9-1

This Section contains forms, which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by the
successful Bidder after contract award.
Section 7 – General Conditions of Contract (GCC)
The Conditions of Contract comprise:
• the “General Conditions” which are the “Conditions of Contract for Design, Build and
Operate Projects First Edition 2008” published by the Federation International des
Ingenious- Conseils (FIDIC) (the “FIDIC Gold Book”); (To be procured by
Tenderer/Contractor)
• “Particular Conditions Part A – Contract Data”; and
• “Particular Conditions Part B – Special Provisions”, which include amendments and
additions to such General Conditions.
Section 8: Particular Conditions of Contract 7
SECTION - 8: PARTICULAR CONDITIONS OF CONTRACT
PART A – CONTRACT DATA
FIDIC Gold Description of Item Data

Book (General
Conditions)
Provision
Clause 1 General Provisions
1.1.24 Where the Contract allows for 15% (including profit and overheads)
Cost Plus Profit, percentage Excluding Goods and Service tax.
profit to be added to the Cost:
1.1.26 Cut-Off Date (number of days 90 days

after the Time for Completion
of Design-Build):
1. Employer during Design Build Period

1.1.32 Employer's name and address:
Director Metro PIU System
Mumbai Metropolitan Region
Development
Authority (MMRDA)
Address:
Bandra-Kurla Complex, 1st Floor, A-wing,

Old Administrative Building City: Mumbai.
Pin code: 400 051 Country: India
2. Employer during CM Period – Director

MMMOCL/O&M Company
1.1.35 Employer’s Representative: Employer’s Representative:
Dy. Chief Engineer or any other Engineer.
or
Any other person appointed by the

Employer and notified in writing to the
Contractor to act in replacement of
Employers’ Representative from time to
time.
Address will be same as given in 1.1.32.
Engineer The Engineer is the General Consultant or

any other person/ organization appointed
by MMRDA. Addressed will be advised
while placing LOA.
CA-236 Design-Build and Maintain Single-Stage: Two-Envelope


Book (General
Conditions)
Provision
1.1.70 Parts of the Works that shall be Refer Section 9 Appendix 4 (time
designated a Section for the schedule) and Section 6 - Project
purposes of the Contract Information
1.1.78 Time for Completion of Design- Ref. Part-III, Section 9, Appendix 4: Time
Build: Schedule.
1.3 (c) Agreed methods of electronic Facsimile, E-mail

transmission:
1.3 (d) Address of Employer for As stated at 1.1.32 above

communications:
1.3 (d) Address of Employer's As stated at 1.1.35 above

Representative for
communications:
1.3(d) Address of Contractor for To be added after Award

communications:
1.4 Contract shall be governed by India; within jurisdiction of Mumbai

the law of:
1.4 Ruling language: English
1.4 Language for communications: English
Sub Clause 2
2.1 After receiving the Letter of As per Section 9, Appendix 4- Time

Acceptance, the Contractor schedule- Access Dates
shall be given right of access to
all or part of the Site within:
2.4 Employer’s Financial Design and Build: KfW Germany, as per the
Arrangements Agreement signed between Government of
India and KfW, is the financer for the Design
and Build of System Works of the Metro
Line 4 & 4A.


Book (General
Conditions)
Provision
Comprehensive Maintenance Services:

MMRDA/ MMMOCL/ As notified by
Employer
4.2 Performance Security (Performance Bank Guarantee) (as percentages of

that portion of the Accepted Contract Amount attributable to the Design-
Build of the Works in Currency):
Percent: Total security deposit shall be 10% of the

Design Build cost [plus GST] put to tender
which shall be as follows.
(a) Ten percent (10%) of the Design Build

cost [plus GST] put to tender of which shall
be by way of an irrevocable and
unconditional Bank Guarantee executed by
any Nationalized / Scheduled Bank through
SFMS system. In case of Foreign banks the
BG shall be countersigned by their Indian
counterpart/partner
Currency As per currency quoted by the Contractor.
Performance Security (Performance Bank Guarantee) (as percentages of

that portion of the Accepted Contract Amount attributable to the
Operational Service Period in Currency):
Percent: 5% of amount attributable to Operational

Service Period [plus GST] by way of an
irrevocable and unconditional Bank
Guarantee executed by any Nationalized /
Scheduled Bank payable and en-cashable
either in Mumbai or Navi Mumbai and shall
executed by any Nationalized / Scheduled
Bank through SFMS system.
Currency: Indian Rupees
Validity For Design- Build: Valid till completion of

Defect Liability Maintenance Period
For Operational Maintenance Service: Valid

till completion of Operational Maintenance
Service.


Book (General
Conditions)
Provision
Other Condition Applicable stamp duty under the

Government of Maharashtra Stamp Act,
1958 (as per latest amendment) shall be
paid on all bank guarantees obtained under
this contract by the Contractor for first issue
of the guarantee and for any renewals /
changes of the Bank / Branch etc.
Release of Performance Performance Security during design

Security (Performance Bank build Period Contract Deposit-
Guarantee) and retention
• Bank guarantee of 10% in lieu of
money
Performance Security shall be released at
the end DEFECTS LIABILITY
MAINTENANCE PERIOD and after
submission of Operation and Maintenance
Bank guarantee equivalent to five percent
(5%) of amount attributable to Operational
Service Period [plus GST] put to tender by
the Contractor.
Performance Security during

Comprehensive Maintenance Period
Contract Deposit:
Bank Guarantee of 5% of amount

attributable to Operational Service Period
[plus GST] in lieu of Performance Security
shall be released after completion of
Operation and Maintenance period.
Retention is not applicable
4.2 Reduction in Performance Not applicable

Security at the end of the
Retention Period:
5.1 Period for notification of errors, 56 days

faults and other defects is:
5.2 Contractor's Documents As specified in Employers Requirement

requiring approval: General Specification
6.5 Normal working hours on the 08:00 to 18:00 or in two or three shifts with
Site: the prior approval of Employer.


Book (General
Conditions)
Provision
8.2 Period of the Operational 17 years from the date of commissioning

Maintenance Service ROD of Phase-2 including Defects Liability
Maintenance Period (DLMP)
9.2 Time for Completion of Design- 130 weeks. Refer Key Dates schedule
Build: attached as Appendix 4 - Time Schedule
of Section 9 for System wise completion
of Design-Build works.
9.6 Delay damages (amount per Applicable on delays in sectional

day of delay): completion and/or delay in complete
Design Build works 0.03 % per day of
design build cost
9.6 Maximum amount of delay 10%

damages (percent of portion of
the final Contract Price
associated with the Design-
Build of the Works):
10.6a Maximum compensation 10% of Design Build Cost and in addition

payable by Contractor: damages for performance as per Chapter 13
of Section 6_ERMS Key Performance
Indicators and Performance Damages
10.6b Maximum compensation 5% of Comprehensive Maintenance Cost

payable by Employer:
10.7 Performance damages (Failure As specified in Chapter 13 of Section 6_

to Reach Production Outputs) ERMS Key Performance Indicators and
Performance Damages
10.7 Rights of Employer if the If the Failure continues for more than 84
Failure continues for more than days, the Employer reserves the right to
84 days implement Clause.no.10.10 Step-in Right,
10.11 Subsequent Operator Part B Particular
Conditions of Contract
10.7 Minimum production outputs As per Part II Employer’s Requirements

required: Section 6_ERMS Key Performance
Indicators and Performance Damages


Book (General
Conditions)
Provision
13.5 Provisional Sums 15% of DB Cost
Will be operated during Contract Period

on approval of competent authority
14.1 The Contract Price As per Part I: Section 4C: Letter of Price
Bid
14.2 Amount of Advance Payment: 10% of that portion of the Accepted Contract
Amount attributable to the Design-Build of
the Works in two equal instalments of 5%
each.
Rate of interest For Local Currency (INR) – 11.5%
For Foreign Currency – 8.9%
(simple interest)
Recovery of Advance payment Mobilization Advance shall be recovered in

(Time Bound) 12 equal monthly instalments in 12
months starting from the 3rd month after
issue of second advance instalment. In
case the Contractor fails to submit the
Interim Payment request, the proportionate
recovery has to be paid by the Contractor
to the Employer. Entire recovery shall be
made by 14th month from payment of
second instalment of Advance.
14.2 Currencies of payment if Advance shall be payable in the currencies

different to the currencies and proportions in types and proportions of
quoted in the Contract the currencies mentioned in Payment
Schedule.
14.2 Percentage deductions for the Not applicable

repayment of the Advance
Payment:
14.6(b)(i) Plant and Materials for payment Not Applicable

when Shipped
14.6(c)(i) Plant and Materials for payment As per Payment schedule

when delivered to the Site:


Book (General
Conditions)
Provision
14.7(b) Minimum Amount of Interim Minimum Amount of Interim Payment

Payment Certificate: Certificate:
For Design Build Stage – No minimum

Value specified.
For operational service Period –Only one

interim payment application per quarter
irrespective of the amount.
14.9 Financing charges for delayed 8.5 % (Simple Interest)

payment:
14.17 Currencies for payment of INR (Indian Rupee) + any two fully
Contract Price: convertible foreign currencies (Euro and
Dollar)
14.17 Proportions of Local and As per currency quoted by the Contractor in

Foreign Currencies are: the price schedule- Schedule of payments
14.17 Rate of Exchange As per applicable exchange rates on the date

of payment disbursement.
14.17 Payment of damages shall be: Not applicable

Currency Proportion
14.19 Amount of Maintenance 5% of that portion of the Accepted Contract

Retention Fund Amount attributable to the Operation Service
Period of 17 years.
17.1 Operation of forces of nature None

allocated to the Contractor:
17.8 Total Liability of the Contractor 125% of that portion of the Accepted Contract
shall not exceed: Amount attributable to the Design-Build of the
Works for the period extending until 5 years
after the date of issue of the Commissioning
Certificate, at which point the Total Liability of
the Contractor shall reduce to 50% of the
Accepted Contract Amount attributable to the
Design-Build of the Works until Contract
Completion.


Book (General
Conditions)
Provision
19.1 The permitted deductible limits The Insurance policies shall comply with
allowed in any policy shall not sub-clause 19.2
exceed the amounts-
19.2
Insurance for Design-Build Amount
Period
Professional Indemnity 6% of replacement cost of Design –

Insurance Build of the Works
Contractor’s All Risks Insurance 110% of the Total Contract Price
Employer’s Liability Insurance – Rs. 10 crores

10 persons
Third party Liability Insurance – INR 5 million for any one incident, with
10 persons no. of incidents unlimited.
Motor Insurance As per local regulations
Environmental Insurance As per environmental regulations
19.2 Permitted deductible limits Policies to have a maximum deductible of

5%;
Policies should pay out for multiple

incidents up to the maximum of total
insured amount; Employer will be the joint
beneficiary on the policies.
19.2(f) Other insurances required Insurance Against Accident to

from the Contractor: Workmen
The Contractor shall also take out a

Personal Accident Insurance Policy in
favor of each workman employed by him
on any job pertaining to the Contract. The
Contractor shall ensure that similar
Personal Accident Insurance Policy is
taken out in respect of each workman
employed by his Subcontractors, if any. All
such policies in favor of the workmen of the
Contractor as well as its assistant shall be


Book (General
Conditions)
Provision
registered by the Contractor in the office of

the Employer, before the commencement
of the Works. If the Contractor fails to take
out the Personal Accident Insurance Policy
as set out in this Sub-Clause and any
accident occurs, an equivalent amount
equal to the compensation payable under
the Personal Accident Insurance Policy,
according to the nature of accident, will be
deducted from the bills payable to the
Contractor for the work done or from any
other dues payable to the Contractor, and
kept in a deposit account to be paid
ultimately to the injured person or to the
heirs in case of death.
Insurance under a Personal Accident

Insurance Policy will be additional to any
other Insurance required under the
Conditions of Contract.
19.2(f) Other insurances required from Insurance of Employer’s site staff

the Contractor:
The Contractor shall also, without limiting
his or the Employer’s obligations, insure in
the joint names of the contractor and
employer, 10 of the Employer’s staff
engaged on the Works at the site against
liabilities for death or injury. The amount of
the insurance cover for each of the
Employer’s site staff so engaged shall be
Rs. 10,00,000/-The insurance shall
continue until the end of the Design-Build
Period.
19.3(a) Amount of fire extended cover Design-Build cost plus 15% for full
insurance required: replacement of the Works
19.3 Insurance for Operational Amount

Maintenance Period
Contractor’s All Risks 110% of the Total Contract Price

Insurance
Employer’s Liability Insurance Rs. 10 Crores


Book (General
Conditions)
Provision
Environmental Impairment As per environmental regulations

Insurance
Motor Insurance As per local regulations
Public liability insurance Rs. 5 Crores
Policies to have a maximum deductible of 5%;
Policies should pay out for multiple incidents up to the maximum of total
insured amount.
MMRDA will be the joint beneficiary on the policies.
19.3(e). Other insurances required by law from the Contractor:
Insurance Against Accident to Workmen
The Contractor shall also take out a Personal Accident Insurance Policy in favor
of each workman employed by him on any job pertaining to the Contract. The
Contractor shall ensure that similar Personal Accident Insurance Policy is taken
out in respect of each workman employed by his Subcontractors, if any. All
such policies in favor of the workmen of the Contractor as well as its
Subcontractors shall be registered by the Contractor in the office of the
Employer, before the commencement of the Works. If the Contractor fails to
take out the Personal Accident Insurance Policy as set out in this Sub-Clause
and any accident occurs, an equivalent amount equal to the compensation
payable under the Personal Accident Insurance Policy, according to the nature
of accident, will be deducted from the bills payable to the Contractor for the
work done or from any other dues payable to the Contractor, and kept in a
deposit account to be paid ultimately to the injured person or to the heirs in
case of death.
Insurance under a Personal Accident Insurance Policy will be additional to any

other Insurance required under the Conditions of Contract.
20.3 Date for appointment of DAB: Within 28 days after signing of contract
20.3 The DAB shall comprise: 3 members, each to be based in India.
20.4 Appointing entity (official) for As per Arbitration and Conciliation Act –
DAB members, if not agreed: 1996.and Amended from time to time. Seat
of Arbitration will be Mumbai.
20.8 Language of Arbitration: English


Book (General
Conditions)
Provision
GENERAL CONDITIONS OF DISPUTE ADJUDICATION AGREEMENT
Sub Clause 20.6 If the parties fail to agree on the Mutually Agreed by Employer’s
retainer fee or the daily fee, the Representative and Contractor.
appointing entity or official
named in the Contract Data
shall determine the amount of
the fees to be used.

PARTICULAR CONDITIONS: PART B - SPECIAL PROVISIONS
These Particular Conditions of Contract add, replace, modify, or delete Clauses contained in the
Conditions of Contract for Design, Build and Operate- FIDIC – 2008 Gold Book (GCC), and shall
take precedence over those contained in the General Conditions of Contract.
General Particular Conditions of Contract (PCC)

Conditions of
Contract (FIDIC
–Gold-2008)
The following clauses shall be substituted or added as prescribed below.
1.1 DEFINITIONS
1.1.1 Accepted Contract Amount
Delete the existing and replace by
"Accepted Contract Amount" means the amount accepted in the Letter of

Acceptance for the Design-Build of the Works and the provision of the Operation
Service
Accepted Contract Amount of Design Build means the amount accepted in the
Letter of Acceptance for the Design-Build of the Works Accepted Contract
Amount of Operation Service means the amount accepted in the Letter of
Acceptance for the Operation and maintenance of the Works.”
1.1.4 Delete the existing and replace by
“Auditing Body" means the independent and impartial body appointed to conduct
the Independent Compliance Audit in accordance with Sub-Clause 10.3
[Independent Compliance Audit] or as per the requirement of Funding
Agency/Employer during the complete tenure of the Contract.
1.1.10 Delete this Sub-Clause and replace with:
“Contract” means:
a) Contract Agreement;
b) Letter of Acceptance;
c) Addenda and Corrigenda
d) Part III – Conditions of Contract consisting of:
A. the “General Conditions” which are the “Conditions of Contract for

Design, Build and Operate Projects First Edition 2008” published by the
Federation Internationale des Ingenieurs – Conseils (FIDIC), as
amended by the Particular Conditions Part A and the Particular
Conditions Part B;
B. Particular Conditions Part A – Contract Data; and

C. Particular Conditions Part B – Special Provisions;
e) Part II – Employer’s Requirements including Specifications and Drawings
f) Price Bid -Part I
g) Contract Forms- Part I; and
h) Tender Submission Extracts.
i) KfW Policy – Sanctionable Practices, Eligibility Criteria & Declaration of

Undertaking.
Note: Reply to Pre-Bid Queries unless Amended shall not be part of

Contract document.
1.1.29 "Design-Build" means all work to be performed by the Contractor under
the Contract to Refurbishment of existing works, design, build, test and complete
the Works and obtain the Commissioning Certificate issued in accordance with
Sub-Clause 9.12 [Completion of Design-Build]
1.1.43 “Financial Memorandum” Deleted
1.1.54 Not Applicable
1.1.57 Operation Service
The term “Operation Service” is to be synonymous with the Term

“Maintenance Service in Operational Period” and “Operation and
Maintenance” and “Comprehensive Maintenance” which corresponds to the
terms as set out in the Employer’s Requirements Part 2.
1.1.58 "Operation Service Period" means the period from the date stated in the
Commissioning Certificate as provided for under Sub-Clause 10.2
[Commencement of Operation Service] to the date stated in the Contract

Completion Certificate.
1.1.60 Delete the definition of “Performance Security” and replace with
Performance Security” means the security under Sub Clause 4.2 [Performance
Security] which is also referred to as “Performance Bank Guarantee” within the
Contract.
1.1.66 Retention Period - In GCC Retention period is to be replaced by DLMP (Defects

Liability Maintenance period. The Duration of DLMP is 24 months)
1.1.70 "Section" means a part of the Works specified in the Contract Data as a Section
1.1.74 Add New Sub-Clause:

Designated Contractor- Any contractor who may be working at same or nearby
location and affected by the Works.
1.1.75 Add new sub-clause at 1.1.75. as .1.1.75.1
Tender Submission Extracts
Add New Sub-Clause:
“Tender Submission Extracts” means those portions of the Contractor’s Tender

Submission in the tender process which preceded this Contract (including, for
clarity, forms submitted as part of the Contractor’s Tender Submission) which the
Employer, in its sole discretion, wishes to include as a schedule to this Contract.
1.1.83 Year
Delete the wording of the Sub-Clause and insert the following:
“year” means 365 days or 366 days in a leap year.
Additional Definitions
1.1.84 “Revenue Operation Date” (ROD) means the date on which the systems (Power
Supply and Traction, Electrical & Mechanical and Lifts & Escalators) taken over
by the Employer for Revenue (Commercial) Service in over complete or part of
section of Metro Line 4 & 4A.
1.1.85 “MMMOCL” means Maha Mumbai Metro Operation Corporation Limited.
1.7 Operating License – Not Applicable
Not applicable.
1.6 Contract Agreement
Delete the last sentence “The costs of stamp duties and similar charges (if any)
imposed by law in connection with entry into the Contract Agreement shall be
borne by the Employer.”
Add the following to the end of the sub-clause:
The Contractor shall bear the stamp duty and any other cost associated with the
registration on the Contract as per prevailing rate and legal and stationery
charges for preparation of the Contract Agreement as ruling on the date of
execution of the Contract.
The Contractor shall register the Signed Contract Agreement with the Registrar,
Govt. of Maharashtra at his cost within 15 days of Signing of Contract
Agreement.

The Contractor shall submit 05 Nos. hard bound copies, along with the original
Contract Agreement and scanned colour copy of registered Contract Agreement
to Employer/ Engineer within 07 days of registration
1.14 Compliance with Laws
Delete the wording of the Sub-Clause and replace with the following:
Except for any approvals already obtained by the Employer, the Contractor shall
obtain all permits, licenses and approvals in respect of all matters arising in the
performance of the Contract. The contractor shall submit such applications in the
name of employer. The Contractor shall comply with, give all Notices under, and
pay all fees required by, the provisions of any national or state statute, ordinance
or other applicable law, or any regulation of any legally constituted public
authority having jurisdiction over the Works. The Contractor shall obtain all
permits, licenses and approvals required for any part of the Works in reasonable
time considering of the times for delivery of the Plant and Materials and for
completion of the Works. In addition to comp lying with all applicable Laws of
India in the performance of the Design-Build and the Operation Service, if the
Contractor performs any work pertaining to this Contract outside of India the
Contractor shall comply with the Laws of each country where activities are
performed. During the term of the Contract, the Contractor shall be deemed to
be the “occupier” and “manager” of a “factory” within the meaning of the Indian
Factories Act,1948.
The Contractor shall make its own judgment as to the completeness and
sufficiency of such permits, licenses, and approvals in the context of his own
completion of the Works.
The Contractor shall always and in all respects comply with, give all Notices
under, and pay all fees required by any permit, license or approval obtained by
the Employer in respect of the Site or the Works, and whether relating to the
Works on or off the Site.
1.5 Priority of documents
Add the following
Reply to Pre-Bid Queries unless Amended shall not be part of Contract

document.
2.1 Right of Access to the Site
Add the following at the end:
The right of access Dates as mentioned in Section 9 -Appendix 4 – Time

Schedule / Possession handed over to the Contractor of the site does not in any
way create a tenancy or ownership right in any manner for the Contractor on the
original land or any additional land that may be added to the site by the Employer.
2.2 Permits, Licenses or Approvals

Add the following paragraph at the end of this Sub-Clause: The application shall
be submitted in the name of Employer.
However, the Employer shall not be liable to the Contractor for any loss resulting
from clearance being delayed or refused.
The cost associated for obtaining such permits, licenses, approvals shall be
borne by the Contractor.
2.4 Employer's Financial Arrangements
Design and Build: KfW, as per the Agreement signed between Government of
India and KfW is the financer for the Design, build of System works of the Metro
Line 4 & 4A.
Operational Maintenance: MMRDA/ MMMOCL/ As notified by Employer
4.2 Performance Security
Add the following at the end of the Sub-Clause:
If provision of the Performance Security requires the payment of any levy, tax,
stamp duty or royalty then such payment shall be at the expense of the
Contractor.
If the bank issuing the performance security gets into any closure or bankruptcy
or any action by the Reserve Bank of India, then the Contractor will replace the
security with another bank that is in the approved list of the RBI within 30 days.
4.3 Add the following at the end of the Sub-Clause:
The Contractor shall permit KfW to inspect the Contractor's accounts and records
relating to the performance of the Contractor and to have them audited by auditors
appointed by KfW, if so, required by KfW.
4.23 Add the following Sub-Clause:
4.23.1
Use of Employer’s land
The Contractor shall not be permitted to enter (other than for inspection purposes)
or take possession of site until instructed to do so by the Engineer in writing. The
portion of the site to be occupied by the Contractor shall be defined and/or marked
on the site plan, failing which these shall be indicated by the Engineer and the
Contractor shall on no account be allowed to extend his operations beyond these
areas. The Contractor will be allowed to use such land free of charge for the
purpose of sheds, offices thereon for themselves and for the Engineer and his
subordinates, and shall remove the same from the ground at the completion of
the Works or whenever required to do so by the Engineer after receiving 7 days’
notice. He shall make good any damage which may have been done and restore

to good condition anything which may have been disturbed during the period of
his occupation.
a) The Contractor shall not use or allow to be used any such ground, sheds or
offices, or any portion of the site of the Works, for any other purpose than the
carrying out of Works under the Contract. In the event of there being no plot
or ground or insufficiency of ground belonging to the Employer, available for
the above purposes, the Contractor shall provide other such ground at his
own cost. The Contractor shall, in any case, pay all taxes, which have to be
paid in respect of all ground sheds or offices used as above, and all the
license fees, etc., that may be demanded for the storage or otherwise of the
various articles as per rules in force. The Contractor shall provide, if
necessary or if required, on the site, all temporary access thereto and shall
alter, adopt and maintain the same as required from time to time and shall
take up and clear them away as and when no longer required and make good
all damage done to the site.
In case, the Contractor requires additional land for specialized Works under
the Contract, he shall approach to the Employer with details of his
requirements. The decision of Employer in this respect shall be final and
binding on the Contractor.
4.7 Setting Out
Delete the wording of the Sub-Clause and replace with the following:
The Contractor shall set out the Works in relation to original points, lines and
levels of reference specified in the Contract or notified by the
Employer's Representative. The Contractor shall be responsible for the correct

positioning of all parts of the Works, and shall rectify any error in the positions,
levels, dimensions or alignment of the Works.
The Contractor shall also be responsible for the verification of all reference levels
and datum provided in the Contract Documents during the design of the works.
4.10 Site Data
Delete the title and wording of the Sub-Clause and replace with the following:
Site and Additional Data
The Contractor acknowledges and agrees that, prior to the Base Date, the
Employer,
a) provided non-binding background information to the Contractor during the

tender process that preceded this Contract, including the information set out
in a separate volume of background site and additional technical
information; and
b) made relevant and readily available data which was in the Employer’s

possession on sub-surface, hydrological and climatic conditions at the Site,
including environmental aspects, available to the Contractor, for the
Contractor’s information.
The Contractor shall be responsible and bear all liability for the interpretation and
use of all such data referred to in this Sub-Clause 4.10 provided by the Employer
prior to and after the Base Date (collectively, the “Data”).
All Data provided by the Employer, including any background information

provided by the Employer during the tender process that preceded this Contract
is indicative and for the information of the Contractor only, and any reliance by
the Contractor on the Data shall be at the Contractor’s own risk. The Contractor
shall be deemed to have inspected and examined the Site for the purpose of
preparing the Tender Submission and the Schedule of Payments, and is deemed
to have made all sufficient enquiries to satisfy himself with respect to the
accuracy, completeness and fitness for purpose of the Data, the existing
structures and facilities, the Site conditions and ground conditions and other
surroundings and utilities, including, but not limited to, the following matters:
a) the form and nature of the Site, including the above ground and sub- surface
conditions, the existing structures and facilities, utilities and other
installations;
b) the hydrological and climatic conditions;
c) the extent and nature of the work and Materials necessary for the execution
and completion of the Works, and the remedying of any defects;
d) the means of access to the Site and the accommodation he may require;
e) the adequacy, suitability and reliability of the data provided for use in
preparation of his Tender Submission and execution of the Works,
f) Works necessary in obtaining and due compliance with all necessary

consents, permissions, licenses, easements and statutory requirements in
order to execute the Works; any interference or disruption to the Works
caused by third parties; and
g) any nuisance, interference, and compliance with directions from statutory

and public bodies.
The Employer provides no warranty or undertaking of whatever nature in respect

of the Data. The Contractor acknowledges and confirms that:
1) it was cautioned during the tender process that preceded this Contract that
the interpretation and use of the Data is at the Contractor’s own risk;
2) it has conducted its own analysis and review of the Data and has, before
the execution and delivery of this Contract, satisfied itself as to the accuracy,
completeness, and fitness for purpose of any such Data upon which it
places reliance; and
3) it shall not be entitled to and shall not make any claim against the Employer
(whether in contract, tort or otherwise), including, without limitation, any
claim in damages, for extensions of time or for additional payments under
this Contract on the grounds:

A. of any misunderstanding or misapprehend-sion in respect of the Data;

or
B. that the Data was incorrect or insufficient, nor shall the Contractor be
relieved from any of its obligations under this Contract on any such
ground.
4.14 Avoidance of Interference
Refer Section II - Employers Requirement
4.18 Protection of the Environment
Add the following at the end of this Sub-Clause:
The Contractor shall conform to the Employer’s Requirements and shall indemnify
the Employer against any liability or damages or claims arising out of Design Build
his operations and maintenance Services the Contractor shall be responsible and
liable for any stoppage, closure or suspension of the Works due to any
contravention of statutory requirements relating to the protection of the
environment and shall indemnify and keep indemnified the Employer in this
regard.
4.20 Employer's Equipment and Free-Issue Materials
Deleted
6.4 Labour Laws
6.4.1 During continuance of the Contract, the Contractor and his Subcontractors shall
abide at all times by all existing labour enactments and rules made thereunder,
regulations, notifications and bye laws of State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws that may
be passed or notification that may be issued under any labour law in future either
by the State or the Central Government or the local authority.
Salient features of some of the major labour laws that are applicable to the
construction industry are given below. The Contractor shall keep the Employer
indemnified in case any action is taken against the Employer by the competent
authority on account of contravention of any of the provisions of any Act or rules
made thereunder, regulations or notifications including amendments, if any, on
the part of the Contractor, the Employer’s Representative or the Employer shall
also have right to recover from the Contractor any sum required or estimated to
be required for making good the loss or damage suffered by the Employer.
The employees of the contractor and the sub-contractor in no case shall be treated
as the employees of the Employer at any point of time.

6.4.2 SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER
CONSTRUCTION WORK (NOT LIMITED TO THIS & AS AMENDED FROM
TIME TO TIME).
i. Workmen Compensation Act 1923
The Act provides for compensation in case of injury by accident arising out
and during the course of employment.
ii. Payment of Gratuity Act 1972
Gratuity is payable to an employee under the Act on satisfaction of certain

conditions on separation if an employee has completed 5 years of service or
more or on death at the rate of 15 days wages for each completed year of
services. The Act is applicable to all establishments employing 10 or more
employees.
iii. Employees PF and Miscellaneous Provision Act 1952
The Act provides for monthly contribution by the employer plus workers @
10% or 8.33%. The benefits payable under the Act are:
a) Pensions or family pension on retirement or death as the case may

be.
b) Deposit linked insurance on the death in harness of the worker.
c) Payment of PF accumulation on retirement/death etc.
The contractor should have the registration certificate of EPF and MP act
1952 and ESIC Act 1948. This is as per circular dated 3.2.2012 of
Chief Labour Officer.
iv. Maternity Benefit Act 1951
The Act provides for leave and some other benefits to women employees in
case of confinement or miscarriage etc.
6.4.3 v. Contract Labour (Regulation and Abolition) Act 1970
The Act provides for certain welfare measures to be provided by the

Contractor to Contract labour and in case the contractor fails to provide,
the same are required to be provided by the Principal Employer by Law.
The Principal Employer is required to take Certificate of Registration and
the contractor is required to take a License from the designated officer. The
Act is applicable to the establishments or contractor of Principal Employer
if they employ 20 or more contract labour.
vi. Minimum Wages Act 1948
The employer is supposed to pay not less than the Minimum Wages fixed
by appropriate Government as per provisions of the Act if the employment
is a scheduled employment. Construction of Buildings, Roads, and
Runways are scheduled employments.
vii. Payment of Wages Act 1936

This Act lays down by what date the wages are to be paid, when they will be
paid and what deductions can be made from the wages of the workers.
viii. Equal Remuneration Act 1979
The Act provides for payment of equal wages for work of equal nature to male
and female workers and for not discrimination against female employees in
the matters of transfers, training and promotions etc.
ix. Payment of Bonus Act 1965
The Act is applicable to all establishments employing 20 or more workmen.

The Act provides for payments of annual bonus subject to a minimum of
8.33% of wages and maximum of 20% of wages to employees drawing Rs.
3,500/- P.M. or less. The bonus to be paid to employees getting Rs. 2,500/-
P.M. or above up to Rs. 3,500/- P.M. shall be worked out by taking wages
as Rs. 2,500/- p.m. only. The Act does not apply to certain establishments.
The newly set up establishments are exempted for five years in certain
circumstances. Some of the State Governments have reduced the
employment size from 20 to 10 for the purpose of applicability of the Act.
x. Industrial Disputes Act 1947
The Act lays down the machinery and procedure for resolution of industrial
disputes, in what situations a strike or lock-out becomes illegal and what
are the requirements for laying off or retrenching the Employees or closing
down the establishment.
xi. Industrial Employment (Standing Orders) Act 1946
This Act is applicable to all establishments employing 100 or more workmen

(employment size reduced by some of the States and Central Government
to 50). The Act provides for the laying down rules governing the conditions of
employment by the certified by the designated Authority.
xii. Trade Unions Act 1926
The Act lays down the procedure for registration of trade unions of workmen
and employers. The trade unions registered under the Act have been given
certain immunities from civil and criminal liabilities.
xiii. Child Labour (Prohibition and Regulation) Act 1986
The Act prohibits employment of children below 14 years of age in certain

occupations and processes and provides for regulation of employment of
children in all other occupations and processes. Employment of child labour
is prohibited in Building and Construction industry.
xiv. Inter-State Migrant Work men ’s (Regulation of Employment and

Conditions of Service) Act 1979
The Act is applicable to an establishment which employees 5 or more inter-

state migrant workmen through an intermediary (who has recruited
workmen in one state for employment in the establishment situated in
another state). The inter-state migrant workmen, in an establishment to
which this Act becomes applicable, are required to be provided certain

facilities such as housing, medical aid, travelling expenses from home up to
the establishment and bank etc.
xv. The Building and Other Construction Workers (Regulation of

Employment and Conditions of Service) Act 1996 and the Cess Act of
1996.
All the establishments who carry on any building or other construction work
and employs 10 or more workers are covered under this Act. All such
establishments are required to pay cess at 1% of the cost of construction as
may be notified by the Government. The employer of the establishment is
required to provide safety measures at the Building or Construction work
and other welfare measures, such as Canteen, First- aid facilities,
Ambulance, Housing accommodations for Workers near the workplace etc.
The employer to whom the Act applies has to obtain a registration certificate
from the Registering Officer appointed by the Government.
xvi. The Factories Act 1948
The Act lays down the procedure for approval of plans before setting up a
factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accident or
dangerous occurrences to designated authorities. It is applicable to premised
employing 10 persons or more with aid of power or 20 or more persons
without the aid of power engaged in manufacturing process.
The Contractor shall be liable for not following any of the laws mentioned above
and shall bear all the costs including penalties, damages etc imposed by statutory
authorities
6.4.4 Add to Sub-clause 6.4 with the following:
The Contractor shall not make employment decisions based upon personal
characteristics unrelated to job requirements. The Contractor shall base the
employment relationship upon equal opportunity and fair treatment and shall not
discriminate with respect to aspects of the employment relationship, including
recruitment and hiring, compensation (including wages and benefits), working
conditions and terms of employment or retirement, and discipline.
In dealing with labour and employees, the Contractor and his Sub-Contractors
shall comply fully with all laws and statutory regulations pertaining to
engagement, payment and upkeep of the labour in India.
a Delay in payment of dues to any 100/- per day per

workmen workman
b Non-compliance(s) of any other 5000/- for each Non-

provision of labour laws, pointed compliance Informed in
out by Employer/ Employer’s writing, under the
Representative or their contract.
representative

The Contractor shall have a Labour Welfare Organisation which shall be

responsible for labour welfare and compliance with prevalent labour laws,
statutes and guidelines. In this context the Contractor is also required to
familiarize himself with MMRDA ‘s Labour Welfare Fund Rules as specified in
Special Conditions of Contract or elsewhere in the contract and comply with the
same.
BOCW (Building and Other Construction Works) Cess
Bidders need to judge the applicability of BOCW for the work. Any liabilities on
account of BOCW at any stage shall be on part of bidder and the quoted price
shall be inclusive of BOCW charges.
If same is not applicable, the bidder needs to submit required undertaking

required undertaking/certificate. MMRDA shall make the deduction accordingly
and deposit the amount to the concerned authorities.
The Contractor shall ensure the registration of all his eligible workers inclusive of
Sub- Contractor with BOCW (Building and Other Construction Workers) Board.
The Contractor shall prepare and submit compliance reports of adherence to

labour laws as and when desired by the Employer’s Representative.
The Contractor will ensure to open bank accounts for each worker employed by
him and his sub-contractors and all the payments to workers will be released
through bank accounts.
The violation of Labour Laws viz. Contract Labour (Regulation & Abolition) Act,
1970 & Central Rules, 1971 made there under or other applicable Labour Laws
under the jurisdiction shall attract following penalties in addition to the penalties
imposed by Statutory Authorities in terms of applicable Act/Rules: -
The Contractor shall be required to obtain ― “Labour License” on his own for the
use of labours employed in this contract either through him or through any of his
sub-contractor and maintain all the records and establishments as per the
existing Labour Laws.
The Contractor shall, if required by the Employer, deliver to the Employer’s

Representative or to his office; a return in detail, in such form and at such intervals
as the Employer may prescribe, showing the number of labour employed in
different categories by the Contractor or his sub-contractors on the Site.
Also, Contractor shall comply with the requirements of Funding agencies

Standard Environment and Social Studies (ESS2).
Contractor shall ensure compliance to Labour Laws & Standards as specified in

Sections of Safety, Health and Environment, in Part II: Employer’s Requirements.
7.9-NEW Origin of Goods
Add New Sub-Clause:

The Goods and services to be supplied under the Contract may have their origin
in any country subject to the restrictions specified in this Sub - Clause 7.9.
Suppliers from a country or Goods manufactured in a country may be excluded

if:
a) as a matter of Law or official regulation, the Employer’s Country prohibits

commercial relations with that country, provided that such exclusion does not
preclude effective competition for the supply of the goods or works required;
or
b) by an Act of Compliance with a Decision of the United Nations Security

Council taken under Chapter VII of the Charter of the United Nations, the
Employer’s Country prohibits any import of Goods from that country or any
payments to persons or entities in that country.
All equipment, material, and services to be incorporated in or required for the

Works shall have their origin in any eligible source country as defined in Section
“Eligibility Criteria”.
All procurement of Goods and services under the Contract shall not contravene
such restrictions. At the Employer’s request, the Contractor shall provide
evidence of the origin of Goods and services.
The Contractor is encouraged to use to the extent practicable and

reasonable equipment, plant, materials and supplies from source within the
country of the Employer.
9.3 Extension of Time for Completion of Design-Build
In sub-paragraph (d) of Sub-Clause 9.3, delete the expression, “government

actions” and replace with “a change in Law”.
9.6 Delay Damages relating to Design-Build
Section 9: Appendix 4: Time Schedule gives detail for Key dates to be achieved
by the Contractor failing which Delay Damages shall be applicable.
These delay damages shall be applied in the next monthly payment certificate
presented after the milestone date.
The penalty for failing to meet the intermediate milestone (key date) shall be as
per PARTICULAR CONDITIONS PART A – CONTRACT DATA.
If the Contractor complies with Sub-Clause 9.2 [Time for Completion of Design-
Build] the penalty shall be repaid. If the Contractor fails to comply with Sub-
Clause 9.2 [Time for Completion of Design-Build] penalties paid for failing to meet
intermediate milestones will be credited against delay damages payable to the
Employer for this default.

10.3 Independent Compliance Audit (Operation Service Monitoring Group)
Deleted
10.4 Delivery of Raw Materials
DELETED
10.7 Failure to Reach Production outputs
As specified in Chapter 13 of Section 6_ERMS Key Performance Indicators and

Performance Damages
10.8 Completion of Operation Service
DLMP of Phase-1 and Phase-2 shall start from the ROD of respective phases
and shall continue for 2 (two) years beyond ROD of Phase-2 as specified in
Employer’s Requirement.
The completion of Operation Service for complete Mainline 4 & 4A shall be 17

years from the ROD of Phase-2.
10.10 - NEW Step in Rights
Add New Sub-Clause:
1) The Employer may enter on to the Site and take over the responsibility for the
Design Build or part thereof if:
a) All additional costs and expenses properly incurred by the Employer in

taking over all or part of the works in the event of Termination by Employer
[Sub-clause 15] and Termination by Contractor [Sub-clause 16] shall be
recoverable from the Contractor by the Employer except where such
action does not arise from any breach of the Contractor's obligations under
this Contract. The Contractor will be entitled to fair and reasonable
compensation for any costs incurred as a result of such action.
b) After completion of the obligations by the Employer at Sr(i) above

Employer shall Step-in with the new entities to complete the works.
2) The Employer may enter on to the Site and take over the responsibility for the
Operation Service or part thereof if:
a) the Contractor has failed to remedy any defect or damage which has
resulted in the Operation Service or part thereof not complying with the
performance requirements of this Contract within a time period set by the
Employer or Employer's Representative under Sub-Clauses 15.1 or 12.4
of the Conditions of Contract; or
b) the Employer considers that it must take over responsibility for the
Operation Service or part thereof to prevent a serious threat to health,
safety or the environment; or

c) The Employer considers that maintenance of the Works is not being
carried out in accordance with the Contract.
d) If the Employer takes over responsibility for the Operation Service or part
thereof, the following shall apply:
i. All payment to the Contractor in respect of the Operation Service or part

thereof for which the Employer has stepped in shall be suspended, and
except as otherwise set out in this Sub-Clause 10.10, no payment shall
be owing to the Contractor in respect of the Operation Service or part
thereof performed by the Employer.
ii. The Employer shall have the right to use such Contractor Personnel as
is necessary to carry out the Operation Service, or part thereof, and
shall reimburse the Contractor for only the hourly wages, benefits and
overhead applicable to those Contractor Personnel used to carry out
the Operation Service, or part thereof, in accordance with this Sub-
Clause;
iii. All additional costs and expenses properly incurred by the Employer in
taking over all or part of the Operation Service in this event shall be
recoverable from the Contractor by the Employer except where such
action does not arise from any breach of the Contractor's obligations
under this Contract when the Contractor will be entitled to fair and
reasonable compensation for any costs incurred as a result of such
action.
iv. If the Employer has taken over responsibility for the Operation Service,
or part thereof, in accordance with Sub-Clause 10.10 (b) (ii) the
Contractor shall not be responsible for the applicable Operation Service
until the Employer has given an instruction for the Contractor to re-
commence the Operation Service, or part thereof, that the Employer
had taken over responsibility for; and
If the Employer has not given an instruction to the Contractor to re-

commence the Operation Service, or part thereof, within 84 days after the
date of the Employer’s takeover, the Contractor may, by Notice to the
Employer's Representative, require permission to re-commence within 28
days after the Contractors Notice. If the Employer does not grant permission
to re-commence prior to the expiration of the 28 days, the Contractor may
treat the taking over as an omission under Clause 13.3 of the Conditions of
Contract of the affected part of the Operation Service or if such taking over is
for the whole of the Operation Service the Contractor may terminate the
Contract under Sub- Clause 16.2 of the Conditions of Contract.
10.11 - NEW Subsequent Operator
Add a new Sub-Clause 10.11:
The Contractor acknowledges and agrees that the Employer may, in its sole
discretion and on the termination or expiration of this Contract retain a new
operator (the “Subsequent Operator” to carry out services the same as or similar
to the Operation Service and that the process (competitive or otherwise) to

identify the Subsequent Operator may commence, in the Employer’s sole
discretion, immediately prior to the termination or expiration of this Contract.
The Contractor shall cooperate fully with the Employer’s efforts to retain a
Subsequent Operator and such cooperation shall include:
a) The provision of detailed operations data which is to be provided to the

Subsequent Operator or to prospective Subsequent Operators (including for
the purposes of conducting a competitive procurement process to select a
new Subsequent Operator); and
b) The provision of access to the Works prior to the termination or expiration of
the Contract for prospective Subsequent Operators.
13.3 Variation Procedure
For the purposes of determining adjustments to the Contract Price, the

Contractor shall provide all Contract Price constitution information requested by
the Employer’s Representative, which the Employer’s Representative
determines, in his sole discretion, is necessary to decide in respect of a
proposed adjustment to the Contract Price.
The Contractor shall not be entitled to seek payment and/or compensation for
the carrying out of a Variation and/or for any delay or disruption arising from or
in connection with a Variation unless the Contractor gives Notice to the
Employer’s Representative:
a) no later than 14 days after issuance by the Employer’s Representative of

the instruction to carry out the Variation, of the Contractor’s intention to
make a claim for an increase in the Contract Price accompanied by full
details of the Contractor’s estimate of the costs which will be incurred
arising from or in connection with carrying out of the Variation; and
b) no later than 30 days after the completion of the varied work, of the work
undertaken by the Contractor and of the delay and disruption (if any)
caused by the Variation and of the adjustment sought to the Contract
Price.
If any Variation proposed by the Employer or the Employer’s Representative

results in an omission in respect of the Works, or any part thereof, then the
Contract Price shall be reduced by the amount agreed by the parties in
accordance with the procedures set out in the first sub- paragraph of Sub-Clause
13.3 (a) to (c) inclusive or, in the case of a Variation ordered where agreement
has not been reached as to the value of the omission, at the rates and prices in
the Schedule of Payments, or, if no appropriate rate is agreed, at rates based on
a fair evaluation. Any reduction in the Contract Price arising from the omission
shall be certified by the Employer’s Representative and in such circumstances,
the Contract Price shall be reduced accordingly.
14.2 Delete the wording of existing clause and replaced by:
Advance Payment

Delete the Clause 14.2 of General Conditions (FIDIC) and replace by following
Advance Payment of up to 10% of DB contract amount will be paid against

application and submission of 11% Bank Guarantee of DB contract amount [plus
GST]
Advance Payment will be paid in Two Instalments:
a) 5% Design Build Contract amount.
On issuance of Letter of Acceptance and after submission of Performance

Guarantee.
Payment will be made against application and submission of 5.5% [plus

GST] Bank Guarantee of DB contract amount
and
b) Remaining 5 % of Design Build Contract amount:
Payment will be made against application and submission of 5.5% [plus

GST] Bank Guarantee of DB contract amount
Second Instalment will be released on Utilization of First Instalment as per

approved the Programme.
If provision of the Advance payment Guarantee requires the payment of any tax
or stamp duty then such payment shall be at expenses of the contractor. The
contractor shall ensure that the guarantee is valid and enforceable until the
advance payment has been repaid.
Mobilization Advance shall be recovered in 12 equal monthly instalments in

12 months starting from the 3rd month after issue of second advance instalment.
In case the Contractor fails to submit the Interim Payment request, the
proportionate recovery has to be paid by the Contractor to the Employer. Entire
recovery shall be made by 14th month from payment of second instalment of
advance.
If the advance payment has not been repaid prior to the issue of the
Commissioning certificate or prior to the termination under clause 15
[Termination by Employer], Clause 16 [Suspension and termination by
Contractor] or clause 18 [Exceptional Risk] (as the case may be), the whole of
the balance then outstanding shall immediately become due to payable by
Contractor to the Employer.
Second Para is modified as under:

14.3 The Contractor shall thereafter submit a Statement in one original and two copies
to the Employer's Representative after the end of each month for DB period and
each quarter for Operation Service Period, in a form approved by the Employer's
Representative, showing in detail the amounts to which the Contractor considers
himself to be entitled, together with supporting documents
14.5 Delete and Replaced by

Asset Replacement Schedule
Payments shall be made in accordance with the provisions of Sub-Clause 14.18

[Asset Replacement Expenditure]. On no account will payments be made for
assets replaced which are not identified in the Asset Replacement Schedule
unless they have been instructed as a Variation under Clause 13 [Variations and
Adjustments].
If Assets are replaced in advance of the date given in the Asset Replacement
Schedule with prior approval of the Employer, payment will be made on the Date
indicated in Asset Replacement Schedule
If Assets are replaced in advance of the date given in the Asset Replacement
Schedule without prior approval of the Employer, payment will not be made.
If assets are not replaced on the scheduled date, payment towards such asset
replacement and routine monthly maintenance payment shall not be released
until such replacements have been affected.
14.6 b(ii) Payment for Plant and Materials intended for the Works
Delete the second paragraph which begins “If the lists referred to….” Delete sub-
paragraph (b) of this Sub-Clause
14.9 Delayed Payment
Delete the words “compounded monthly” in this clause.
14.10 Payment of Retention Money
Deleted
14.12 Issue of Final Payment Certificate Design-Build
Add after sub-clause 14.12
Statement following Commissioning
Not later than 90 days after the issue of the Commissioning Certificate the
Contractor shall submit to the Employer’s Representative a Statement following
Commissioning with supporting documents showing in detail, in the form
approved by the Employer’s Representative:
i. the final value of all work done in accordance with the Contract up to
the date stated in such Commissioning Certificate.
ii. any further sums which the Contractor considers to be due; and
iii. an estimate of amounts which the Contractor considers will become due
to him under the Contract.
Estimated amounts shall be shown separately in such Statement. The

Employer’s Representative shall certify payment in accordance with Sub-
Clause 14.7

14.18 Asset Replacement Fund
Delete and replaced by
Asset Replacement Expenditure
The Asset Replacement Expenditure is to meet the necessary expenses for the
replacement of items of the Plant identified in the Asset Replacement Schedule
as required for the continued efficient operation of the works for the duration of
Operation and Maintenance period.
In each application for an Interim Payment certificate during the O&M period,
made in accordance with Sub clause 14.3 [Application for Advance and Interim
Payment Certificate], the Contractor shall be entitled to claim amount due
according to the Asset Replacement Schedule, following the replacement of the
scheduled items by the Contractor. Under no circumstances will the amount
payable be increased from the amount due according to the Asset Replacement
Schedule, irrespective of the value or amount of replacements which have been
made. For any items which have not been replaced by the date or other operation
milestone identified in the Asset Replacement Schedule, payment will not
release.
The Asset Replacement schedule shall not cover the cost of;
a. Items, spare parts associates/required during routine maintenance, for

correction of defects;
b. The replacement of plant and materials which are not identified in the Asset
Replacement schedule.
The Cost of meeting the requirement of sub-paragraphs (a) to (b) above shall be
borne by the Contractor and be deemed to be included in the Contract Price.
The Contractor shall give notice to the Employer’s representative at least

28 days prior to his intention to replace any items of Plant identified in the
Asset Replacement Schedule.
The Employer shall authorize release of payments in accordance with the

amounts certified by the Employer’s representative in each applicable interim
payment Certificate. Payment will be made from the Asset Replacement
Expenditure provision to the values and in accordance with the time scales for
replacement identified in the Asset Replacement schedule.
If the contractor price is subjected to adjustment for changes in cost according to

sub clause 13.8 [Adjustment for Changes in Cost], the amounts due shall be
adjusted on the same basis as other costs.
Ownership of equipment/ item to be replaced is with the Contractor. The

equipment/ item shall be removed from site only after replacement. Replaced
equipment/item shall be removed within 2 weeks from site.

14.19 Delete the wording of the Sub-Clause and replace with the following:
Maintenance Retention
During the Operation Service Period, five percent (5%) shall be deducted from
the value of each interim payment as Maintenance retention money in addition to
other retentions specified, determined by the Employer’s Representative in
accordance with Sub-Clause 14.7 [Issue of Advance and Interim Payment
Certificates], due to the Contractor, commencing with the first payment following
the issue of the Commissioning Certificate, and continuing until the last Interim
Payment Certificate is issued. If the maintenance required under the Contract has
not been carried out satisfactorily, the Employer may, after giving due Notice to
the Contractor, carry out such maintenance himself through amounts
accumulated from Retention. Where such amounts are insufficient to cover the
Employer's whole costs of carrying out the maintenance, the unrecovered costs
shall be set off against any payment due to the Contractor under the Contract, or
to the extent that no such payment is due, shall become a debt due by the
Contractor to the Employer.
Following the issue of the Contract Completion Certificate under Sub- Clause 8.6
[Contract Completion Certificate], all amounts retained shall be included in the
Final Payment Certificate Operation Service and paid to the Contractor with the
final payment.
In the event of a termination of the Contract under Clause 15 [Termination by

Employer], or Clause 16 [Suspension and Termination by Contractor], any
amount retained as Retention shall be deemed to be to the account of the
Employer and shall not be disbursed to the Contractor.
15.2 Termination for Contractor’s Default
Insert the following after the sub clause (h):
fails to achieve the progress as per the programme, in spite of any Notice to
Correct as per Clause 15.1 and accumulates cumulative delay damages equal to
the maximum amount specified in the Contract Data of Clause 9.6.
16.2 Termination by Contractor
Delete bullet points (b) and (c) in this sub-clause.
16.4 Payment on Termination
Replace sub-paragraph (b) of this Sub-Clause with:
(b) pay the Contractor in accordance with Sub-Clause 18.5 [Optional Termination,
Payment and Release]
Delete sub-paragraph (c) of this Sub-Clause.

New Clause 21 The Bidder shall pay stamp duty on bid security as per Bombay Stamp Act 1958
amended as on date
Stamp Duty
Contractor shall pay the stamp duty on all the securities (Performance Security,
Advance Payment Bank Security) or any other Securities defined in the Bid
Document)
New Clause 22 Contractor shall pay the legal and stationary charges as per code and practices
of employer for execution of the contract. The bidder is requested to get the
Legal and
information from Director Systems Mumbai Metropolitan Development Authority
Stationary
(MMRDA) Bandra-Kurla Complex, Bandra East.
Charges
New Clause 23 DLMP of Phase-1 and Phase-2 shall start from the ROD of respective phases
and shall continue for 2 (two) years beyond ROD of Phase-2 as specified in
Defects
Employer’s Requirement.
Liability
Maintenance The Employer shall issue the commissioning certificate to the Contractor for all
Period Systems and sub-systems of respective phases after commissioning and in
revenue operation. DLMP starts from the date of issuance of commissioning
certificate.
The Maintenance requirement of all Systems under this Contract prior to the
start of the ROD is in the scope of the Contractor.
The DLMP shall be extended, in case the Contractor fails to achieve the RAMS
and other performance parameters as specified in Section 6- Employers
requirement and unable to deliver the spares as mentioned in Section 6 -
Employer’ Requirement. In such case the DLMP period may be more than 2
years and CMP shall start only after the RAMS targets are achieved and receipt
of spares. If DLMP extends beyond 02 years, CMP will be adjusted
proportionately, so as DMLP+CMP shall be 17 years.
The payment during DLMP period and extended period if any (which includes
Comprehensive Maintenance) shall be as per cost quoted by the Contractor.
The maintenance payment and applicable Price adjustment for the extended
period is payable in case the extension of DLMP is done by Employer.
Note: In GCC Retention period is to be replaced by DLMP (Defects Lability
Maintenance period. The Duration of DLMP is 24 months)

Appendix 1 - Indicative Payment Schedule
1. Interim Payment Application Certification for Design Build part of the Contract
All Interim Payment Applications shall be certified as per following Table for Design and
Build Part of the Contract.
Payment %
Type of (As per
Major Work
Conditions in Description
Category Payment Appendix A
of 4C)
Insurances, General Cost of Insurance is inclusive in the

- NIL Lumpsum Bid as per 4C 1.1.1
Items, etc.
“INSTRUCTIONS FOR COMPLETING
THE PRICING DOCUMENT”
Progressive on approval and
acceptance of Preliminary drawings,
Simulations, preliminary designs and
P 1%
documentation of each process unit and
other buildings by the Employer’s
Representative
acceptance of Detailed drawings,
Simulations, Phototype, Detailed
Design Engineering P 2%
designs and documentation of each
and documentation process unit and other buildings by the
Employer’s Representative
acceptance of working drawings,
P 1% designs and documentation of each
process unit and other buildings by the
Employer’s Representative
After Commissioning of the Whole of the
P 1%
works
Civil works such as Progressive certification up to supply
P 2%
building for RSS, and completion of the civil works
equipment P 0.5% Progressive after completion of testing
foundations,
connecting channels, Progressive after Commissioning of
excavation, roadwork, P 0.5%
whole civil works
drainage etc
Progressive certification for supply of
P 34% Equipment in accordance with Clause
14.6 of Conditions of Contract
PST Progressive certification on completion
P 14%
of installation of Equipment.
Progressive certification on completion
P 1%
of Standalone Testing of Equipment.

Payment %
Type of (As per
Major Work
Conditions in Description
Category Payment Appendix A
of 4C)
P 1% of Integrated Testing and
Commissioning of System.
Certification on Handover of the System
P 1%
and Integration of all Sub-systems
P 3%
E&M System P 1%
of Standalone testing of Equipment.
P 1% of Integrated Testing and
P 1%
P 3%
Lift and Escalators Progressive certification on completion
P 1%
Systems of Standalone testing of Equipment.
P 0.5% of Integrated Testing and
P 0.5%
Progressive certification upon
100% of the
Any requirement P production of receipts for any approved
Receipt
expenditure
Note: P = Progressive, LS = Lump Sum.

Appendix 2 - Price Adjustment
1. Price Adjustment for PST and E&M
Prices payable to the Contractor, in accordance with the Contract, shall be subject to
adjustment during performance of the Contract to reflect changes in the cost of labour and
material components and other inputs to the Works, in accordance with the following formula:
1.1 For Design Build and Asset replacement

P1= Po x [a + b(L1/Lo) + c(S1/So) + d(C1/Co) + e(A1/Ao)+ f(F1/Fo)] – Po
1.2 For CMP Payment Excluding Asset Replacement Period

P1= Po x [a + b(L1/Lo) + d(C1/Co) + e(A1/Ao)+ f(F1/Fo)] – Po
Where:
“P1” is the adjustment amount payable to the contractor.
“Po” is Contract Price (Base price) of Interim Payment Certificate under consideration “a” is a
fixed coefficient as specified in the Table 1 below, representing the nonadjustable portion in
contractual payments.
“b”, “c”, “d”, “e” and “f” are coefficients representing the estimated proportion of each cost
element (labour, steel, copper, aluminium and fuel respectively) in the Facilities or sections
thereof, as specified in the Table 1&2 below.
“L1”, “S1”, “C1”, “A1”and “F1” the applicable cost indices (labour, steel, copper, aluminium,
and fuel respectively) on the date of adjustment, determined from the Named / Published
Source of Index referred to in the Table 5 below, applicable to each cost element; and
“Lo”, “So”, “Co”, “Ao” and “Fo” are the base cost indices (labour, steel, copper, aluminium, and
fuel respectively) or reference prices corresponding to the above cost elements at the Base
date, determined from the Named / Published Source of Index referred to in the Table 5.
Table 1. Coefficients for Each Factor for Each Currency of Payment during Design Build &
Asset Replacement.
Coefficient Fixed Labour Steel Copper Aluminium Weightings

Fuel (f)
Currency (a) (b) (c) (d) (e) Total
Indian
0.30 0.20 0.15 0.15 0.15 0.05 1.00
Rupees
Japanese
Yen 0.30 0.20 0.15 0.15 0.15 0.05 1.00
USD 0.30 0.20 0.15 0.15 0.15 0.05 1.00
Euro 0.30 0.20 0.15 0.15 0.15 0.05 1.00

Table 2. During CM Period (for CMP Payment)
Coefficient Fixed Labour Copper Aluminium Fuel Weightings

Currency (a) (b) (d) (e) (f) Total
Indian
0.30 0.45 0.10 0.10 0.05 1.00
Rupees
2. Price Adjustment for L&E
2.1 For Design Build and Asset replacement
P1 = P0 x [a + b (Ln/Lo) + c (Sn/So) + d (SSn/SSo) + e (Fn/Fo)] - P0
2.2 For CAMC Payment Excluding Asset Replacement Period
P1 = P0 x [a + b (Ln/Lo) + c (Sn/So) + e (En/Eo) + f (Fn/Fo)] - P0
Where:
“P1” is the adjustment amount payable to the contractor to the certified value of work carried
out in the particular period/month.
“P0” is contract price (base price) of Interim Payment Certificate under consideration.
“a” is a fixed coefficient as specified in ‘Schedule of Adjustment Data’ of above clause 1,

representing the nonadjustable portion in contractual payments.
“b”, “c”, “d” “e” and “f” are coefficients/weightages representing the estimated proportion of
each cost element towards Labour, Steel, Stainless Steel, Electronics and Fuel
respectively; as specified in the Table 3 & 4 below.
“Ln”, “Sn”, “SSn” “En” and “Fn” are the current cost indices for the period “n”, determined
from the source of Index referred in the Table 5 below applicable to each cost element; and
“Lo”, “So”, “SSo” “Eo” and “Fo” are the base cost indices (labour, steel, Stainless steel,
Electronics, and fuel respectively) or reference prices corresponding to the above cost
elements at the Base date, determined from the Named / Published Source of Index
referred to in the Table 5.

Table 3: Coefficients for Each Factor for Each Currency of Payment during Design
Build & Asset Replacement.
Coefficient Fixed Labour Steel Stainless Electronics Fuel Weightings

Currency (a) (b) (c) steel (d) (e) (f) Total
Indian
0.30 0.15 0.10 0.20 0.10 0.15 1.00
Rupees
0.10
Japanese
0.30 0.15 0.20 0.15 1.00
Yen 0.10
0.10 0.10
USD 0.30 0.15 0.20 0.15 1.00
0.10 0.10
Euro 0.30 0.15 0.20 0.15 1.00
Table 4. During CM Period (for CMP Payment).
Coefficient Fixed Labour Steel Electronics Fuel (f) Weightings

Currency (a) (b) (c) (e) Total
Indian
Rupees 0.15 0.50 0.15 0.10 0.10 1.00

Table 5. Indices for Each Factor for Each Currency of Payment.

Index for: Currency of Currency Named / Published Index Value on
(factor) Payment of Index Source of Index Base Date
CPI (General) for
Labour INR INR Industrial Workers for
Mumbai
WPI Mild Steel - FLAT
Steel INR INR
Products (RBI)
WPI – Stainless Steel &
Alloys, Published in RBI
Stainless steel INR INR
Bulletin / Office of
Economic adviser
WPI Other Non-Ferrous
Copper INR INR
Metals (RBI)
Aluminium INR INR WPI Aluminium (RBI)
WPI for Manufacture

Electronics INR INR
Electronics (RBI)
Fuel INR INR WPI Mineral Oils (RBI)
Notes;
a) The Contractor must complete Table 5 by specifying indices of Manufacturers Country with
published source for Labour, Steel, Copper, Aluminium, Stainless steel and Fuel for each
currency of payment, excepting Indian Rupees. Table 2 can include up to four indices for each
currency.
b) The Base Date shall be the date twenty-eight (28) days prior to the Bid submission deadline.
Current indices or prices shall be those prevailing on the day 28 days prior to the last day of
the period to which a particular Interim Payment Certificate is related. If at any time the current
indices are not available, provisional indices as determined by the Employer / Engineer will
be used,
c) The responsibility for arranging copies of the labour and material indices, from the Reserve
Bank of India and/or the appropriate Government Institutions abroad, to be delivered to the
Employer and the Engineer on a monthly basis, shall rest with the Contractor. Arranging the
Certified Copies of all Document in English (in Support of Price Adjustment Claim) will also
be the Contractors responsibility.
3. Conditions Applicable to Price Adjustment
a) The base cost indices or prices shall be those bases, prevailing on the day 28 days prior
to the closing date for submission of bids. Current indices or prices for Payments shall be
those prevailing on the day 28 days prior to the bill submission date. If at any time the
current indices are not available, provisional indices as determined by the Engineer will be
used, subject to subsequent correction of the amounts paid to the Contractor when the
current indices become available.
b) No price adjustment shall be payable on advance payment, Miscl incl DLMP Obligations
(Cost Centre S9)
c) The responsibility of arranging copies of all the indices, from the listed sources, to be
delivered to the Engineer along with each bill, shall rest with the Contractor.
d) Whenever the nomenclature or classification or description of the indices undergo a
change than that is available on the Base date, the Engineer will choose appropriate
indices closer to the one available on the Base date for the purpose of determining the
variation. The decision of the Engineer in this regard shall be final and binding.
CA-236 Design Build and Maintain Single-Stage: Two-Envelope
e) The Contractor must submit the Price adjustment bill preferably on every quarter (every three-
month interval) or up to maximum of Half yearly (Six months interval) basis without fail, in
compliance with all the conditions stated above.
4. Adjustment on Account of Price Variation
Adjustments on account of Price Variations may be positive (in which case an additional amount
shall be paid to the Contractor), or negative (in which case the amount of Price Variation shall be
recovered from the Contractor). After verifying the statement, the Engineer shall certify the
adjustment amount and advise the same to the Employer along with the IPC. Should any extra
amount be due to Contractor, the Employer shall pay the same as per Conditions of Contract. Any
amount due from the Contractor on account of negative adjustment shall be recovered from his
pending or other statements at the earliest.
5. Price Variation during extended period of completion.
The price adjustment as worked out above i.e. either increase or decrease will be applicable up to
the stipulated Completion Date (applicable to all Milestone dates) of the Works, including the
extended period of completion where such extension has been granted under Clause 9.3 Extension
of Time for Completion of Design Build of the General Conditions of the Contract. The Employer will,
however, be entitled to any price decrease occurring during such periods where delay is on account
of Contractor
6. Price Variation towards the deduction
If Employer imposes a deduction in any bill due to deficiency/incompleteness observed by

Engineer/Employer towards respective Milestone against which the bill is raised than the PVC shall
be applicable till twenty-eight days prior to the bill submission date and not till actual payment is
made.

Appendix 3: KfW Policy – Sanctionable Practice – Social and

Environmental Responsibility
1. Sanctionable Practice
The PEA and the Contractors (including all members of a Joint Venture and proposed or
engaged Subcontractors) must observe the highest standard of ethics during the Tender
Process and performance of the Contract.
By signing the Declaration of Undertaking the Contractors declare that (i) they did not and will
not engage in any Sanctionable Practice likely to influence the Tender Process and the
corresponding Award of Contract to the PEA’s detriment, and that (ii) in case of being awarded
a Contract they will not engage in any Sanctionable Practice.
Moreover, KfW requires to include in the Contracts a provision pursuant to which Contractors
must permit KfW and in case of financing by the European Union also to European institutions
having competence under European law to inspect the respective accounts, records and
documents relating to the Tender Process and the performance of the Contract, and to have
them audited by auditors appointed by KfW.
KfW reserves the right to take any action it deems appropriate to check that these ethics rules
are observed and reserves, in particular, the rights to:
(a) reject an Offer for Award of Contract if during the Tender Process the Bidder who is
recommended for the Award of Contract has engaged in Sanctionable Practice, directly
or by means of an agent in view of being awarded the Contract;
(b) declare misprocurement and exercise its rights on the ground of the Funding Agreement
with the PEA relating to suspension of disbursements, early repayment and termination
if, at any time, the PEA, Contractors or their legal representatives or Subcontractors have
engaged in Sanctionable Practice during the Tender Process or performance of the
Contract without the PEA having taken appropriate action in due time satisfactory to KfW
to remedy the situation, including by failing to inform KfW at the time they knew of such
practices.
KfW defines, for the purposes of this provision, the terms set forth below as follows:
Coercive Practice The impairing or harming, or threatening to impair or harm, directly

or indirectly, any person or the property of the person with a view
to influencing improperly the actions of a person.
Collusive Practice An arrangement between two or more persons designed to

achieve an improper purpose, including influencing improperly the
actions of another person.
Corrupt Practice The promising, offering, giving, making, insisting on, receiving,
accepting or soliciting, directly or indirectly, of any illegal payment
or undue advantage of any nature, to or by any person, with the
intention of influencing the actions of any person or causing any
person to refrain from any action.
Fraudulent Practice Any action or omission, including misrepresentation that

knowingly or recklessly misleads, or attempts to mislead, a person
to obtain a financial benefit or to avoid an obligation.
Obstructive Practice Means (i) deliberately destroying, falsifying, altering or concealing

evidence material to the investigation or the making of false
statements to investigators, in order to materially impede an
official investigation into allegations of a Corrupt Practice,

Fraudulent Practice, Coercive Practice or Collusive Practice, or
threatening, harassing or intimidating any Person to prevent them
from disclosing their knowledge of matters relevant to the
investigation or from pursuing the investigation, or (ii) any act
intended to materially impede the exercise of KfW's access to
contractually required information in connection with an official
investigation into allegations of a Corrupt Practice, Fraudulent
Practice, Coercive Practice or Collusive Practice.
Sanctionable Practice Any Coercive Practice, Collusive Practice, Corrupt Practice,

Fraudulent Practice or Obstructive Practice (as such terms are
defined herein) which is unlawful under the Financing Agreement.
2. Social and Environmental Responsibility

Projects financed in whole or partly in the framework of Financial Cooperation have to ensure
compliance with international Environmental, Social, Health and Safety (ESHS) standards
(including issues of sexual exploitation and abuse and gender based violence) Contractors in
KfW-financed projects shall consequently undertake in the respective Contracts to:
(a) comply with and ensure that all their Subcontractors and major suppliers, i.e. for major
supply items comply with international environmental and labour standards, consistent
with applicable law and regulations in the country of implementation of the respective
Contract and the fundamental conventions of the International Labour Organisation1
(ILO) and international environmental treaties and;
(b) implement any environmental and social risks mitigation measures, as identified in the
environmental and social impact assessment (ESIA) and further detailed in the
environmental and social management plan (ESMP) as far as these measures are
relevant to the Contract and implement measures for the prevention of sexual
exploitation and abuse and gender-based violence.
1In case ILO conventions have not been fully ratified or implemented in the Employer’s country the
Applicant/Bidder/Contractor shall, to the satisfaction of the Employer and KfW, propose and implement appropriate
measures in the spirit of the said ILO conventions with respect to a) workers grievances on working conditions and terms
of employment, b) child labour, c) forced labour, d) worker’s organisations and e) non-discrimination.

Appendix 4: Eligibility Criteria

Eligibility in KfW-Financed Procurement
1. Consulting Services, Works, Goods, Plant and Non-Consulting Services are eligible for KfW
financing regardless of the country of origin of the Contractors (including Subcontractors and
suppliers for the execution of the Contract), except where an international embargo or sanction
by the United Nations, the European Union or the German Government applies.
2. Applicants/Bidders (including all members of a Joint Venture and proposed or engaged
Subcontractors) shall not be awarded a KfW-financed Contract if, on the date of submission of
their Application/Offer or on the intended date of Award of a Contract, they:
2.1 are bankrupt or being wound up or ceasing their activities, are having their activities
administered by courts, have entered into receivership, or are in any analogous situation;
2.2 have been
(a) convicted by a final judgement or a final administrative decision or subject to financial
sanctions by the United Nations, the European Union and/or the German Government
for involvement in a criminal organisation, money laundering, terrorist-related offences,
child labour or trafficking in human beings; this criterion of exclusion is also applicable
to legal Persons, whose majority of shares are held or factually controlled by natural or
legal Persons which themselves are subject to such convictions or sanctions;
(b) convicted by a final court decision or a final administrative decision by a court, the
European Union or national authorities in the Partner Country or in Germany for
Sanctionable Practice during any Tender Process or the performance of a Contract or
for an irregularity affecting the EU’s financial interests, unless they provide supporting
information together with their Declaration of Undertaking (Form available as Appendix
to the Application/Offer which shows that this conviction is not relevant in the context
of this Contract and that adequate compliance measures have been taken in reaction;
2.3 have been subject within the past five years to a Contract termination fully settled against
them for significant or persistent failure to comply with their contractual obligations during
Contract performance, unless this termination was challenged and the dispute resolution is
still pending or has not confirmed a full settlement against them;
2.4 have not fulfilled applicable fiscal obligations regarding payments of taxes either in the
country where they are constituted or the PEA’s country;
2.5 are subject to an exclusion decision of the World Bank or any other multilateral development
bank and are listed in the respective table with debarred and cross-debarred firms and
individual available on the World Bank’s website or any other multilateral development bank
unless they provide supporting information together with their Declaration of Undertaking
which shows that this exclusion is not relevant in the context of this Contract or
2.6 have given misrepresentation in documentation requested by the PEA as part of the Tender
Process of the relevant Contract.
3. State-owned entities may compete only if they can establish that they (i) are legally and
financially autonomous, and (ii) operate under commercial law. To be eligible, a state-owned
entity shall establish to KfW’s satisfaction, through all relevant documents, including its charter
and other information KfW may request, that it: (i) is a legal entity separate from their state (ii)
does not currently receive substantial subsidies or budget support; (iii) operates like any
commercial enterprise, and, inter alia, is not obliged to pass on its surplus to their state, can
acquire rights and liabilities, borrow funds and be liable for repayment of its debts, and can be
declared bankrupt.

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY
BIDDING DOCUMENTS
FOR
DESIGN, MANUFACTURE, SUPPLY, INSTALLATION, INTEGRATION,

TESTING AND COMMISSIONING OF POWER SUPPLY AND TRACTION,
ELECTRICAL & MECHANICAL AND LIFTS & ESCALATORS INCLUDING
15 YEARS OF COMPREHENSIVE MAINTENANCE AFTER 2 YEARS OF
DEFECT LIABILITY MAINTENANCE PERIOD FOR MUMBAI METRO LINE
4 AND EXTENSION CORRIDOR (4A) [WADALA – KASARVADAVALI -
GAIMUKH] OF MUMBAI METRO RAIL PROJECT OF MMRDA.
BID NO: CA-236
TENDER DOCUMENTS
PART III:
SECTION 9 - CONTRACT FORMS (COF)
FEBRUARY - 2024
Employer
Mumbai Metropolitan Region Development Authority
(MMRDA), Bandra Kurla Complex, Bandra (E),
Mumbai – 400051
https://mmrda.maharashtra.gov.in/nicgep/app
Section 9: Contract Forms (COF) 2
PART I Bidding Procedure
SECTION 1 Instructions to Bidders (ITB)
SECTION 2 Bid Data Sheet (BDS)
SECTION 3 Evaluation and Qualification Criteria (EQC)
SECTION 4A Bidding Forms (BDF) for Qualification
SECTION 4B Bidding Forms (BDF) for Technical Proposal
SECTION 4C Pricing Documents
SECTION 5 Eligible Countries (ELC)
SECTION 5A KFW Policy - Sanctionable Practice – Social and Environmental Responsibility
PART II Employer’s Requirements
SECTION 6A General Specifications for PST, E&M and L&E
B1-Scope of work for PST

SECTION 6B
B2-Technical Specifications for PST
C1 - Technical Specifications-Design Scope of work (E&M)
SECTION 6C C2 - Technical Specifications-Design Specification (E&M)
C3 - Technical Specifications-Construction Specification (E&M)
D1 - Technical Specifications- Elevators (Lifts)

SECTION 6D
D2 - Technical Specifications- Escalators
SECTION 6E Not used
Supplementary Information to Section 6
SECTION 6F (i) Drawings for PST
(ii) GFC Station Architectural Drawings
(iii) Depot Architectural Drawings
(iv) Stations SEM Drawings
(v) Stations E&M Drawings

SECTION 6G Schedule of Dimensions (SOD) include Kinematic Envelopes
SECTION 6H Certification
SECTION 6I Change Order
SECTION 6J1 Interface Management Procedure
SECTION 6J2 Interface Matrix (Internal and External)
SECTION 6J3 Interface Matrix for Maintenance Service
SECTION 6K Employer’s Requirements Maintenance Specifications
Specifications for Environmental, Social, Health and Safety Management

SECTION 6L
(ESHS)
SECTION 6M Project Information Sheet
PART III Conditions of Contract and Contract Forms
SECTION 7 General Conditions of Contract (GCC)
SECTION 8 Special / Particular Conditions of Contract (SCC/PCC)
SECTION 9 Contract Forms (COF)

Section 9 – Contract Forms
1. Notification of Award...........................................................................................................................5
2. Contract Agreement ...........................................................................................................................6
3. Performance Bank Guarantee ..........................................................................................................9
4. Advance Payment Security .............................................................................................................11
5. Parent company guarantee .............................................................................................................13
6. Functional Guarantees .....................................................................................................................17
7.Agreement for Dispute Adjudication Board Members ...................................................................19
8.Agreement for Operation Service Dispute Adjudication Board ....................................................21
9. Irrevocable Undertaking ....................................................................................................................23
10. Time Schedule .................................................................................................................................24
11. Declaration of Undertaking .............................................................................................................30
12. Declaration of tax conformity – binding confirmation for legal persons...................................33
13.Declaration of tax conformity – binding confirmation for natural persons ................................34

1. Notification of Award
[ Employer’s Letter Head]
Letter of Acceptance
[date]
To: [ Name and address of the Contractor]
This is to notify you that your Bid dated [ date] for execution of the CA-236:
DESIGN, MANUFACTURE, SUPPLY, INSTALLATION, INTEGRATION, TESTING AND

COMMISSIONING OF POWER SUPPLY AND TRACTION, ELECTRICAL & MECHANICAL AND
LIFTS & ESCALATORS INCLUDING 15 YEARS OF COMPREHENSIVE MAINTENANCE AFTER 2
YEARS OF DEFECT LIABILITY MAINTENANCE PERIOD FOR MUMBAI METRO LINE 4 AND
EXTENSION CORRIDOR (4A) [WADALA – KASARVADAVALI - GAIMUKH] OF MUMBAI METRO
RAIL PROJECT OF MMRDA. for the Contract Price in the aggregate of [ amounts in words and figures]
[ name of currency], as corrected and modified in accordance with the Instructions to Bidders is hereby
accepted by our Agency.
You are requested to furnish the Performance Security for the Design-Build Works within 28 days in
accordance with the Conditions of Contract, using for that purpose one of the Performance Security
Forms included in Section 9 (Contract Forms) of the Bidding Document.
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment: Contract Agreement
Note: The above format is for intimation purpose only. The Employer may change as per the
requirement.

2. Contract Agreement
(in INR 500 Stamp Paper)
THIS AGREEMENT made on the [insert number] day of [ insert month], [ insert year],
BETWEEN
(1) Mumbai Metropolitan Region Development Authority, a corporation incorporated under the laws of
[INDIA] and having its principal place of business at Metro PIU, 1st Floor A-wing, Old Administrative
Building, Mumbai Metropolitan Region Development Authority (MMRDA), Bandra Kurla Complex,
Bandra (E), Mumbai – 400051. (hereinafter called “the Employer”), and
(2) [ name of the contractor], a corporation incorporated under the laws of [ country of the contractor]
and having its principal place of business at [ address of the contractor] (hereinafter called “the
Contractor”).
WHEREAS the Employer desires to engage the Contractor to “DESIGN, MANUFACTURE, SUPPLY,
INSTALLATION, INTEGRATION, TESTING AND COMMISSIONING OF POWER SUPPLY AND
TRACTION, ELECTRICAL & MECHANICAL AND LIFTS & ESCALATORS INCLUDING 15 YEARS
OF COMPREHENSIVE MAINTENANCE AFTER 2 YEARS OF DEFECT LIABILITY MAINTENANCE
PERIOD FOR MUMBAI METRO LINE 4 AND EXTENSION CORRIDOR (4A) [WADALA –
KASARVADAVALI - GAIMUKH] OF MUMBAI METRO RAIL PROJECT OF MMRDA.” (“the Works”)
and the Contractor have agreed to such engagement upon and subject to the terms and conditions
hereinafter appearing.
NOW IT IS HEREBY AGREED as follows:
Article 1
1.1 Contract Documents
Contract Documents
The following documents shall constitute the Contract between
the Employer and the Contractor, and each shall be read and
construed as an integral part of the Contract Agreement:
a) The Contract Agreement,
b) The Letter of Acceptance,
c) The Letter of Bid (including the signed Declaration of

Undertaking);
d) The Particular Condition’s Part A – Contract Data,
e) The Particular Condition’s Part B – Special provisions
f) General Conditions of Contract – FIDIC Gold 2008 ed.
g) The Employer's Requirements,
h) The schedules,
i) The contractor's proposal and any other documents forming

part of the contract including KfW Policy – Sanctionable
Practices, Eligible Countries and Declaration of
Undertaking.

Note: Reply to Pre-Bid Queries unless Amended shall not be

part of Contract document.
1.2 Order of Precedence (Reference GCC Clause 1.5)
In the event of any ambiguity or conflict between the Contract

Documents listed above, the order of precedence shall be the
order in which the Contract Documents are listed in Article 1.1
(Contract Documents) above.
1.3 Definitions (Reference GCC and PCC Clause 1)
Capitalized words and phrases used herein shall have the same
meanings as are ascribed to them in the General Conditions.
Article 2
2.1 Contract Price for Design-Build of the Works and the provision
Contract Price and Terms
of the Maintenance Services (Ref. GCC Sub-Clause 14.1)
of Payment
The Employer hereby agrees to pay to the Contractor the
Contract Price in consideration of the performance by the
Contractor of its obligations hereunder. The Contract Price shall
be the aggregate of [amounts of foreign currency in words ],
[amounts in figures.] as specified in Total Bid Lumpsum Price
(Grand Summary), [amounts of local currency in words],
[amounts in figures], or such other sums as may be determined
in accordance with the terms and conditions of the Contract.
2.2 Terms of Payment (Reference GCC & PCC Clause 14)
The terms and procedures of payment according to which the

Employer will reimburse the Contractor are given in the Appendix
1 (Terms and Procedures of Payment) hereto.
Payments shall be made into a bank account, nominated by the

Contractor in Indian rupees in a bank in India unless otherwise
permitted in Particular Conditions of Contract. If payments are to
be made in more than one currency, separate bank accounts
may be nominated by the Contractor for each currency, and
payments shall be made by the Employer accordingly.
Article 3
3.1 Effective Date (Reference GCC Clause 8.1)
Effective Date
The Effective Date for this Contract will be the Commencement
Date of work, which shall be as mentioned in Letter of
Acceptance (LOA) or Notice to Proceed.
Article 4
4.1 The address of the Employer for communication purposes,
Communications
pursuant to GCC 1.3 is:
Metro PIU, 1st Floor A-wing, Old Administrative Building,

Mumbai Metropolitan Region Development Authority (MMRDA),
Bandra Kurla Complex, Bandra (E), Mumbai – 400051

4.2 The address of the Contractor for notice purposes,
pursuant to GCC Sub-Clause 1.3 and PCC Sub-Clause 1.3 (d)

of Part A – Contract Data is: [ Contractor's address ].
IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly
executed by their duly authorized representatives the day and year first above written.
Signed by, for and on behalf of the Employer
[ Signature]
[ Title]
in the presence of
[ Signature]
[ Title]
Signed by, for and on behalf of the Contractor
[ Signature ]
[ Title]
in the presence of
[ Signature ]
[ Title]

3. Performance Bank Guarantee
(To be executed on Stamp Paper and BG will attract stamp duty as per Stamp Act.)
FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY
(On Stamp Paper of Appropriate Value as per Maharashtra Stamp Act, 1958
And as amended from time to time from Nationalized Bank & opera table in Mumbai only)
(B.G. shall be in case of contract amount more than ` 100 lakhs)
Beneficiary: [insert name and address of PEA]
Date of Issue: [insert date]
PERFORMANCE SECURITY No.: [insert security reference number]
Guarantor: [insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that [insert name and address of Contractor, which in the case of a joint
venture shall be the name and address of the joint venture] (hereinafter called “the Contractor”)
has entered into Contract No. [insert reference number of the Contract] dated [insert Contract date]
with the Beneficiary, for the execution of [insert object of the Contract and brief description of the
contractual content] (hereinafter called “the Contract”). Furthermore, we understand that, according
to the conditions of the Contract, a performance security is required for [insert percentage in words
and figures]1 percent of the Contract price.
Waiving all objections and defences, we, as Guarantor, hereby irrevocably and independently
undertake to pay the Beneficiary, any sum or sums not exceeding in total an amount of [insert
security amount and currency in words and figures] upon receipt by us of the Beneficiary’s first
demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate
signed document accompanying or identifying the demand, stating that the Contractor is in breach
of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds
for the demand or the sum specified therein.
In the event of any claim under this guarantee, Payment shall be remitted to a Special Account
maintained by MMRDA in a Bank in India. The details of such account will be provided by MMRDA.
The Invocation letter from MMRDA to Bank will be accompanied by No-Objection of KfW with
reference to the subject guarantee and the amount to be invoked.
This security shall expire not later than [insert expiry date]2. By this date we must have received
any claims for payment by letter or encoded telecommunication.
It is understood that you will return this guarantee to us on expiry or after payment of the total
amount to be claimed hereunder.
1
This security must be issued in the Contract currency only.
2
This security shall be valid for at least 28 calendar days as of the completion date laid down in the Contract (including warranty
obligations).
1
Or the same or similar to this clause specified in the Uniform Rules for Demand Guarantees, ICC Publication No. 758, where
applicable.

[As preferred option regarding guarantee rules insert: This guarantee is subject to the Uniform
Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the
supporting statement under Article 15(a) is hereby excluded.]
[In the case the issuing bank will not add the preferred option, insert: This guarantee is governed
by the law of [Insert country of jurisdiction where the bank’s branch issuing the guarantee is
physically located].
Notwithstanding anything contained herein,
a) Our liability under this Bank Guarantee is limited to Rs._________.

(Rupees_____________) and it shall remain in force up to and including (date of expiry of
liability) and shall be extended from time to time for such period as may be desired by
Contractor, on whose behalf this guarantee has been given.
b) This Bank Guarantee shall be valid up to_______
c) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only and only if MMRDA serve upon us a written claim or demand on or before
___________date of expiry of Guarantee / date of expiry of grace period, whichever is later).
_____________________
___________________________________
Place, date Guarantor’s authorised signature(s)
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from
the final version.
Engineer

4. Advance Payment Security
FORM OF BANK GUARANTEE FOR ADVANCE PAYMENTS
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
(As Applicable for Design-Build Period)

Beneficiary:
[insert name and address of PEA]
Date of Issue: [insert date]
ADVANCE PAYMENT GUARANTEE No.: [insert guarantee reference number]
Guarantor: [insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that [insert name and address of Contractor, which in the case of a joint
venture shall be the name and address of the joint venture] (hereinafter called “the Contractor”)
has entered into Contract No. [insert reference number of the Contract] dated [insert Contract date]
with the Beneficiary, for the execution of [insert object of the Contract and brief description of the
contractual content] (hereinafter called “the Contract”). Furthermore, we understand that,
according to the conditions of the Contract, an advance payment in the sum of [insert amount and
currency in words and figures]3, representing [insert percentage in words and figures] percent of
the Contract price is to be made against an advance payment guarantee.
Waiving all objections and defences, we, as Guarantor, hereby irrevocably and independently
undertake to pay the Beneficiary, any sum or sums not exceeding in total an amount of [insert
guarantee amount and currency in words and figures] upon receipt by us of the Beneficiary’s first
demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate
signed document accompanying or identifying the demand, stating that the Contractor is in breach
of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds
for the demand or the sum specified therein.
The advance payment guarantee shall come into force and effect as soon as the advance payment
has been credited to the Contractor on its account. Minor deductions of the above-mentioned
amount notably due to bank fees shall have no effect on the entry into force.
In the event of any claim under this guarantee, Payment shall be remitted to a Special Account
maintained by MMRDA in a Bank in India. The details of such account will be provided by MMRDA.
The Invocation letter from MMRDA to Bank will be accompanied by No-Objection of KfW with
reference to the subject guarantee and the amount to be invoked.
Any demand for payment must be received by us at this office on or before that date by letter or
encoded telecommunication.
It is understood that you will return this guarantee to us on expiry or after payment of the total
amount to be claimed hereunder.
[As preferred option regarding guarantee rules insert: This guarantee is subject to the Uniform
Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the
supporting statement under Article 15(a) is hereby excluded.]
3
This guarantee must be issued in the Contract currency only.

[In the case the issuing bank will not add the preferred option, insert: This guarantee is governed by
the law of [insert country of jurisdiction where the bank’s branch issuing the guarantee is physically
located].
Place, date Guarantor’s authorised signature(s)
Note: All italicised text (including footnotes) is for use in preparing this form and shall be deleted from
the final version.
Engineer

5. Parent company guarantee
(To be prepared On Official Stamp Paper as per the Indian Stamps Act 1958)
THIS DEED OF GUARANTEE (“Guarantee”) is made on the day of 20__at………………………….
Between
…………………whose registered office is situated at___________________________(hereinafter

called the “Guarantor”) which expression shall include its successors and assigns) of one part
And
Mumbai Metropolitan Regional Development Authority whose principal office is situated at

_ _ __ __ _ __ _ _ __ _ ___ _ __ _ _ _ __ _ (hereinafter called “MMRDA”) of the other part.
WHEREAS the M M R D A has invited tenders by its invitation to tender dated the day
of………………………….20…..for t he …………………………………………………….
at…………………………………………………………………… (the “Project”);
AND WHEREAS (name of the Tenderer)…………….whose registered office# is situated

at ……………………………….(hereinafter called the “Contractor”), in response to the MMRDA’S
invitation, has submitted an offer for a design, build and Maintenance Service contract with respect
to the Project to be entered into with the MMRDA (the Contract”);
AND WHEREAS the conditions of the MMRDA’s invitation require that the Contractor’s offer be
supported by a parent company guarantee;
NOW THEREFORE, in consideration of the MMRDA awarding the Contract to the Contractor and the
Contractor entering into such Contract, the Guarantor has agreed to guarantee the due performance
of the Contract in the manner hereinafter appearing:
The Guarantor hereby covenants with the MMRDA as follows:
1. The Guarantor will in all respects unconditionally, without demur, guarantee the due and proper
performance of the Contract and the due observance and punctual performance of all
obligations, duties, undertakings, covenants and conditions by or on the part of the Contractor
contained therein and to be observed and performed by it (including any form of payments
that are to be made in relation to the Project), which guarantee shall extend to any variation or
addition to the Contract.
2. In the event of the Contractor failing to carry out, observe or perform all or any of the said
obligations, duties, undertakings, covenants and conditions under the Contract (unless relieved
from the performance of any part of the Contract by statute or by the decision of a court or tribunal
of competent jurisdiction) the Guarantor will be liable for and shall indemnify the MMRDA against
all losses, damages, costs and expenses whatsoever which the MMRDA may incur by reason or
in consequence of any such failure to carry out or observe its scope of work. For the avoidance
of doubt, it is hereby clarified that the obligation to indemnify as covered within this clause is
separate and independent of the obligation under clause 1 of this Guarantee. For greater
certainty, the maximum aggregate amount of liability of the Guarantor under this Guarantee shall
not exceed the maximum aggregate value of the Contractors’ scope of work under the Contract.
3. The Guarantor shall not be discharged or released from this Guarantee by the occurrence of any
one or more of the following:

3.1 Any alteration to the nature of extent of the services or otherwise to the terms of the
Contract;
3.2 Any allowance of time, forbearance, indulgence or other concession granted to the
Contractor under the Contract or any other compromise or settlement of any dispute
between the M M R D A and the Contractor (but so that the M M R D A shall not
pursue against the Guarantor a remedy contrary to the terms of any such compromise or
settlement insofar as the Contractor shall have complied with such terms.
3.3 The liquidation, bankruptcy, administration, absence of legal personality, dissolution,

incapacity or any change in the name, composition or constitution of the Contractor or the
Guarantor.
3.4 Discharge of other guarantors in relation to the Project.
3.5 Any act or omission of the MMRDA, which adversely affects the rights of the Guarantor.
3.6 Termination of the Contract to the extent of the obligations existent at the time of
termination.
4. This Guarantee is a continuing guarantee and accordingly shall remain in operation until all
obligations, duties, undertakings, covenants, conditions and warranties now or hereafter to be
carried out or performed by the Contractor under the Contract shall have been satisfied or
performed in full. Notwithstanding anything to the contrary, this Guarantee shall cease to be in
operation at the Contract Completion Date provided that this Guarantee shall continue in effect
in respect of any obligations required to be performed by the Contractor in accordance with
Clause 8.8 of the Conditions of Contact. This Guarantee is in addition to, and not in substitution
for, any other security which the MMRDA may at any time hold for the performance of such
obligations, and may be enforced without first having recourse to any such security and without
taking any other steps or proceedings against the Contractor.
5. So long as any sums are payable (contingently or otherwise) by the Contractor to the MMRDA
under the terms of the Contract, then the Guarantor shall not exercise any right of set off or
counterclaim against the Contractor or any other person or prove in competition with the MMRDA
in respect of any payment by the Guarantor hereunder (including in a situation of winding up,
insolvency or liquidation of the Contractor), and in case the Guarantor receives any sum from the
Contractor or any other person in respect of any payment of the Guarantor hereunder, the
Guarantor shall hold such monies in trust for the MMRDA so long as any sums are payable
(contingently or otherwise) under this Guarantee.
6. The Guarantor will not, without the prior written consent of the MMRDA, hold any security from
the Contractor or any other person in respect of the Guarantor’s liability hereunder or in respect
of any liabilities or other obligations of the Contractor to the Guarantor. The Guarantor will hold
any security held by it in breach of this provision in trust for the MMRDA. Further, the Guarantor
waives its right of subrogation over any of the assets of the Contractor until the all dues under
the Project to the MMRDA have been duly paid off.
7. This Guarantee is in addition to, and not in substitution for, any present and future guarantee lien
or other security held by the MMRDA. The MMRDA’s rights under this Guarantee are in addition
to and not exclusive of those provided by law.
8. This Guarantee shall be governed by and construed in accordance with the laws of India.

9. The MMRDA will have a right to assign the rights under this Guarantee without any prior written
notice to the Contractor or the Guarantor.
10. The Guarantor hereby covenants and confirms, until the termination or expiry of the Guarantee,
the following:
(a) It will provide audited financial statement of the Guarantor within [●] days from expiry of
each financial year.
(b) It will not dispose the shareholding presently held in the Contractor and it will always
ensure that it retains the control over the management of the Contractor; except with the
express written consent of the MMRDA, which consent may be issued at the MMRDA’s
sole discretion and provided that the new company/entity, that is proposing to acquire the
shareholding held by the Guarantor in the Contractor, satisfies the MMRDA of its technical
and financial capacity to discharge its obligations under this Guarantee; and issue a
replacement ‘Parent Company Guarantee’ on the same terms as this Guarantee, in a form
acceptable to the MMRDA
11. The Guarantor hereby agrees that in case of a breach of the obligations under this Guarantee
or in case of enforcement of this Guarantee, the MMRDA shall have a right to seek specific
performance in addition to the other remedies available under law.
12. The Guarantor now hereby declares and warrants that:
(a) the Guarantor has the competence and power to execute this Guarantee;
(b) the Guarantor is financially solvent and has adequate net worth to provide this Guarantee
to enable it to perform its obligations under this Guarantee;
(c) the Guarantor has done all acts, conditions and things required to be done, fulfilled or
performed, and procured all authorisations and necessary approvals in all relevant
jurisdictions, if so required or essential for the execution of this Guarantee and for the
performance of the Guarantor’s obligations in terms of and under this Guarantee; and all
authorisations and necessary approvals have been performed and are in full force and
effect and no such authorisation or approval has been, or is threatened to be, revoked or
cancelled;
(d) this Guarantee has been duly and validly executed by the Guarantor or on behalf of the
Guarantor and this Guarantee constitutes legal, valid and binding obligations of the
Guarantor;
(e) the entry into, delivery and performance by the Guarantor of, and the transactions
contemplated by, this Guarantee does not and will not conflict:
(i) with any law in any relevant jurisdiction;
(ii) with the constitutional documents of the Guarantor; or
(iii) with any document which is binding upon the Guarantor or on any of its assets;
(f) all amounts payable under this Guarantee will be made free and clear of all deductions or
withholdings for or on account of any tax or levy unless a tax deduction or withholding is
required by law. Provided that if such deduction or withholding is required by law, the
payments under this Guarantee will be grossed up in such manner that after the deduction

or withholding is made, as the case may be, the MMRDA receives the amount demanded
by it.
(g) the execution or entering into by the Guarantor of this Guarantee constitute, and
performance of its obligations under this Guarantee will constitute, private and commercial
acts done and performed for private and commercial purposes; (ii) the Guarantor does not
have, will not be entitled to, and will not claim any immunity for itself or any of its assets from
suit, execution, attachment or other legal process in any proceedings in relation to this
Guarantee;
(h) no litigation, investigation, arbitration, administrative or other proceedings are pending or

threatened against the Guarantor or its assets, which, if adversely determined, might have
a material adverse effect in relation to the Guarantor;
(i) all information communicated to or supplied by or on behalf of the Guarantor to the

MMRDA from time to time in a form and manner acceptable to the MMRDA, are true and
fair / true, correct and complete in all respects as on the date on which it was communicated
or supplied;
Authorized Signatory *
Date
Name and Address of Guarantor
Seal of the Guarantor
* Provide Power of Attorney for authorized signatory which must be a director of the Guarantor firm
# In case the Contractor is a Joint Venture then the registered office address of the Lead Member of
the Joint Venture should be stated.
[Note: See comments in the Particular Conditions relating to the Collateral Warranties.]
Dated [ ],

6. Functional Guarantees
A. For (E&M and L&E )
The Bidder shall copy on the left column of the table below, the identification of each functional
guarantee required in the Employers Specification, provide the corresponding value for each
functional guarantee of the proposed plant and equipment.
Functional Guarantee Functional Guarantee provided by the Bidder

[as required by the Employer in Part-
II, Employer’s Requirements]
1.
2.
3.
4.
Functional Requirements / Guarantees are mentioned in the Employer’s Requirements, (Technical

Specifications). Bidders shall refer to Employer’s Requirements, (Technical Specifications) and
provide the guarantee for such Functional Requirements / Guarantees.
B. For PST
Subject to compliance with the foregoing preconditions, the Contractor guarantees as follows:
(i) Transformer losses:
The transformer shall be designed for minimum losses. Full load transformer losses shall not
exceed 0.5% of rated power (Percent of Transformer’s ONAN rating).
When comparing between different tenders the present value of the capitalized cost of losses in
the transformers shall be added to their financial bid by the formula, refer part-I section-2 BDS.
In case the transformer losses during tests are found greater than the values guaranteed in the
offer, a consolidated penalty shall be paid by the contractor, according to the following formula
(for the tolerance permissible according to IEC standard):
PW = 1.5*K*365*24* C (Wir + b² Wcu)/1000
PWa = 1.5*10.675*365*24* C (dWir + b² dWcu)/1000
Where
PWa: Penalty value based on measured losses during testing.
K (present worth factor (8% interest, 25 years)
= {(1+0.08)^25– 1}/ {0.08*(1+0.08)^25} = 10.675
C = Cost of the kWh (in Indian Rupees) (considered as per latest Power Supply Authority
prevailing rate at the time of penalty calculation.)
Wir = iron losses in Watts at normal voltage and main tapping

Wcu = full load copper losses in Watts at normal voltage and main tapping at 95°C

b = load factor of transformer = 50 %
Where:
d Wir and d Wcu are the differences between the test values of iron losses at full voltage and
copper loses at full load on one transformer at main tapping and the values guaranteed in the
offer.
No-load Iron Losses and Full Load Copper losses for Oil Filled Transformers
Quoted Guarantees by bidder

Maximum
permitted Total Full Load
Transformer Quantity Losses (Percent of No Load Iron Loss Copper Losses
Transformer’s (Kilo Watt) / (Kilo watts) /
rating ONAN) Transformer (Wir) Transformer
(Wcu)
220kV/33 kV
15/20 MVA 2 0.5%
ONAN/ONAF
220KV/27.5kV
40/50 MVA 2 0.5%
ONAN/ONAF
110kV/33 kV
15/20 MVA 2 0.5%
ONAN/ONAF
110kV/33 kV
32/45 MVA 2 0.5%
ONAN/ONAF
110kV/27.5kV
40/50 MVA 4 0.5%
ONAN/ONAF
Note:
The transformers shall be designed for minimum losses. When comparing between different bidders
the present value of the capitalized cost of losses in the transformers shall be added to the Bid Price.
The formula used for calculating the present worth of annual capitalized cost of transformer losses
is as given above.
Limitation of Liability
Subject to above, the Contractor’s aggregate liability to pay liquidated damages for failure to attain
the functional guarantees shall not exceed.

7.Agreement for Dispute Adjudication Board Members

Appendix 1
Name of Contract: [Name of Contract]
This Agreement made the [Day] day of [Month], 200 [Year]
between
Name and address of Employer: [Name and Address]
Name and address of Contractor: [Name and Address]
Name and address of DAB Member: [Name and Address]
Whereas the Employer and the Contractor have entered into the Contract and desire jointly to
appoint the above-named Member to act on the DAB as sole adjudicator of the DAB,
And whereas the Member accepts the appointment.
The Employer, Contractor and Member jointly agree as follows:
1 The conditions of this Dispute Adjudication Agreement comprise the “General Conditions of
Dispute Adjudication Agreement” which are appended hereto, and the following provisions. In
these provisions, which include amendments and additions to the “General Conditions of Dispute
Adjudication Agreement”, words and expressions shall have the same meanings as are
assigned to them in the “General Conditions of Dispute Adjudication Agreement”.
2 [Details of any amendments or additions or deletions from the “General Conditions of

Dispute Adjudication Agreement” should be given here or in an attachment hereto.]
3 In accordance with Clause 6 of the “General Conditions of Dispute Adjudication Agreement”, the
Member shall be paid as follows:
A retainer fee of [Amount] per calendar month, and
A daily fee of [Amount] per day spent on Site visits, hearings, and other time in
connection with submissions to the DAB made in accordance with the
provisions of the Contract between the Employer and the Contractor.
4 In consideration of these fees and other payments to be made by the Employer and the
Contractor in accordance with Clause 6 of the “General Conditions of Dispute Adjudication
Agreement”, the Member undertakes to act as the DAB Member in the capacity abovementioned
in accordance with the terms of this Dispute Adjudication Agreement.
5 The Employer and the Contractor jointly and severally undertake to pay the Member in
consideration for the Member acting as the DAB Member as aforementioned in accordance with
this Dispute Adjudication Agreement.
6 This Dispute Adjudication Agreement shall be governed by the law of India.
Signed by (signature):
for and on behalf of the Employer in the presence of
Witness (signature):

Name: [Name]
Address: Address]
Date: [Date]
for and on behalf of the Contractor in the presence of
Name: [Name]
Address: Address]
Date: [Date]
for and on behalf of the Member in the presence of
Name: [Name]
Address: Address]
Date: [Date]

8.Agreement for Operation Service Dispute Adjudication Board

Appendix 2
Name of Contract: [Name of Contract]
This Agreement made the [Day] day of [Month], 20 [Year]
between
Name and address of Employer: [Name and Address]
Name and address of Contractor: [Name and Address]
Name and address of DAB Member: [Name and Address]
Whereas the Employer and the Contractor have entered into a Contract and desire jointly to
appoint the above- named Member to act as the sole adjudicator on the Operation Service DAB
for a period of five (5) years from the date of this Agreement,
And whereas the Member accepts the appointment.
The Employer, Contractor and Member jointly agree as follows:
1 The conditions of this Dispute Adjudication Agreement comprise the “General Conditions of
Dispute Adjudication Agreement” which are appended hereto, and the following provisions. In
these provisions, which include amendments and additions to the “General Conditions of Dispute
Adjudication Agreement”, words and expressions shall have the same meanings as are
assigned to them in the “General Conditions of Dispute Adjudication Agreement”.
2 [Details of any amendments or additions or deletions from the “General Conditions of

Dispute Adjudication Agreement” should be given here or in an attachment hereto.]
3 In accordance with Clause 6 of the “General Conditions of Dispute Adjudication Agreement”, the
Member shall be paid as follows:
A retainer fee of [Amount] per calendar month, and
A daily fee of [Amount] per day spent on Site visits, hearings, and other time in
connection with submissions to the DAB made in accordance with the
provisions of the Contract between the Employer and the Contractor.
4 In consideration of these fees and other payments to be made by the Employer and the
Contractor in accordance with Clause 6 of the “General Conditions of Dispute Adjudication
Agreement”, the Member undertakes to act as the DAB Member in the capacity abovementioned
in accordance with the terms of this Dispute Adjudication Agreement.
5 The Employer and the Contractor jointly and severally undertake to pay the Member in
consideration for the Member acting as the DAB Member as aforementioned in accordance with
this Dispute Adjudication Agreement.
6 This Dispute Adjudication Agreement shall be [Country]
governed by the law of:

for and on behalf of the Employer in the presence of
Name: [Name]
Address: [Address]
Date: [Date]
for and on behalf of the Contractor in the presence of
Name: [Name]
Address: [Address]
Date: [Date]
for and on behalf of the Member in the presence of
Name: [Name]
Address: [Address]
Date: [Date]

9. Irrevocable Undertaking
(On Rs. 500/- Stamp Paper)
Appendix 3
I Shri /Smt. ______________________________________ aged ____ years, Indian inhabitant.

Proprietor/Partner/Director of M/s. _______________________________________, resident at
_______________ do hereby give Irrevocable undertaking as under:
1) I say & undertake that as specified in section 171 of CGST Act, 2017, any reduction in rate of
tax on supply of goods or services or the benefit of input tax credit shall be mandatorily passed
on to MMRDA by way of commensurate reduction in prices.
2) I further say and undertake that I understand that in case the same is not passed on and is
discovered at any later stage, MMRDA shall be at liberty to initiate legal action against me for
its recovery including, but not limited to, an appeal to the Screening Committee of the GST
Counsel.
3) I say that above said irrevocable undertaking is binding upon me/my partners/company/other
Directors of the company and also upon my/our legal heirs, assignee, Executor, administrator
etc.
4) If I fail to compliance with the provisions of the GST Act, I shall be liable for penalty/ punishment
or both as per the provisions of GST Act.
Whatever has been stated here in above is true & correct to my/our own knowledge & belief.
Solemnly affirmed at DEPONANT
This day of BEFORE ME
Interpreted Explained and Identified by me.

10. Time Schedule
Appendix - 4
Key Dates / Time Schedule
The Contractor shall prepare and submit his detailed Program of Work to achieve key dates of
various activities on time. The Contractor shall complete the work in a phased manner by fixing
priorities to different stretches of work to give access to the other interfacing contractors as per the
requirement of project from time to time and as per the Key Dates indicated below:
Weeks from
Key Date Activity (in brief) Commencement
Date
Obtaining No Objection of Preliminary Design & Drawings

KD -1 and Detailed Construction, Installation Plans including all W 12
Contractual Plans (As per General Specifications)
Obtaining No Objection of Detailed Designs and

KD -2 W 20
Drawings
Obtaining No Objection from Engineer for Prototype of

KD -3 W 24
Escalators and Elevators (Lift)
Manufacturing Clearance of Lifts, Escalators and E&M

KD -4 W 26
Equipment for Stations and Depot.
Obtaining No Objection of Construction reference

KD -5 Drawings & Shop Drawings (Including Finalised W 30
Calculations)
i) Delivery of Complete Equipment at site (Transformer,

GIS, CRP, SAS, etc.) for RSS-1 & RSS-2 including EHV
Cables.
KD-6 ii) Delivery of equipment at site for OCS and switching W 38
stations of Traction system including associated cabling,
jointing, terminations for 10 track km for Depot along with
13 route km for Main line (Phase 1) including CMV.
i) Delivery of materials at site including FAT for MEP

Depot for Priority 1 Area and MEP Station (11 Stations of
Phase-1) after Engineers approval.
KD-7 W 40
ii) Delivery of materials at site for Elevators (Lifts) and
Escalators Including FAT for 11 Stations of Phase 1 and
Depot after Engineers approval.

Weeks from
Date
iii) Delivery of all items at site of ASS and SCADA systems
along with associated Cabling for 13 numbers of ASS on
Main line Phase 1 along with one Depot ASS-2.
Completion of RSS and LILO GIS Building Construction-

Structural & Architectural works of RSS-1 at Mogharpada
KD-8 W 50
Depot including Foundation works for Mast in Depot
Priority 1 Area
Complete Installation, Testing & Commissioning of RSS-

KD-9 W 55
1 & RSS-2 including EHV Cables.
Complete Installation, Testing and Commissioning of

OCS and switching stations and all associated items in
KD-10 W 58
Depot for 10 track km and 13 route km in Main line Phase
1.

ASS and SCADA systems along with associated Cabling
KD-11 W 60
for 13 numbers of ASS on Main line (Phase 1) along with
Depot ASS-2.
i) Completion of RSS Building Construction - Structural &

Architectural works of RSS-3 (Wadala)
ii) Delivery of equipment at site for OCS and switching
stations of Traction system including associated cabling,
jointing, terminations for balance section of Phase 2.
KD-12 W 76
iii) Delivery of Complete Equipment at site (Transformer,
GIS, CRP, SAS, etc.) for RSS-3 including EHV Cables.
iv) Supply of all items of ASS and SCADA system along
with associated Cabling for Balance numbers of ASS on
Main line. Phase 2
i) Delivery of materials at site including FAT for MEP

Depot balance Area and MEP Station (Balance 10
Stations of Phase-1) after Engineers approval.
ii) Delivery of materials at site for Elevators (Lifts) and
KD-13 Escalators Including FAT for Balance 10 Stations of W 78
Phase 1 and Depot after Engineers approval.
iii) Delivery of materials at site for OCS and switching
stations and all associated items in balance track Km in
Depot and balance route km in Main line (Phase 1)

Weeks from
Date
Completion of Installation, Testing & Commissioning of

KD-14 MEP Station, Escalators and Elevators (Lifts) for 11 W 80
Stations Phase 1 and MEP Depot Priority 1 Area
i) Completion of Testing of Power SCADA Server with all

Local RTU's and SAS servers. Phase 1.
KD-15 W 84
ii) Complete Installation, Testing & Commissioning of
RSS-3 including EHV Cables
i) Completion of Installation, Testing & Commissioning of

MEP Station, Escalators and Elevators (Lifts) for Balance
10 Stations (Phase 1 and MEP Depot.
ii) Complete Installation, Testing and Commissioning of
KD-16 balance track Km in Depot and balance route km in Main W 92
line (Phase 1).
iii) Imparting Training to O&M Staff and Submission of
O&M Documents and Manuals and Supply of Spares and
Tools & Plant’s as per List given in Technical
Specifications. Phase 1

KD-17 OCS and switching stations for balance section of Phase W 96
2 and all associated items in Depot
i) Integrated Testing & Commissioning including All

Statutory Clearances / Certificates as mentioned in the
Tender to be obtained for MEP Station, Escalators,
Elevators (Lifts) for 21 Stations of Phase-1 and Depot.
KD-18 W 99
ii) Submission of Site Acceptance Test Report, FAT
Report, O&M Manuals & As-Built drawings including
training of O&M personnel, other documents for CMRS
approval, Inventory list, etc. for 21 Stations of Phase 1.
Readiness for Revenue operations 21 -Stations of Phase

KD-19 W 102
1
Delivery of materials at site including FAT for MEP

KD-20 Station, Elevators (Lift), Escalators Including FAT (11 W 105
Stations of Phase-2) after Engineers approval.

Weeks from
Date
i) Complete Installation, Testing and Commissioning of

Mainline balance section.
ii) Complete Installation, Testing and Commissioning of
KD-21 ASS and SCADA systems along with associated Cabling W 106
for Balance numbers of ASS on Main line.
iii) Completion of Testing of Power SCADA Server with all
Local RTU's and SAS servers for balance section of
Phase 2.
Completion of Installation, Testing & Commissioning of

KD-22 W 110
Balance work of MEP Depot and Elevators (Lifts)
i) Completion of Installation, Testing & Commissioning of

MEP Station, Escalators and Elevators (Lifts) for Balance
11 Stations of Phase 2.
ii) Completion of Integrated Testing & Commissioning
including All Statutory Clearances / Certificates as
KD-23 mentioned in the Tender to be obtained for Balance Work W 120
of MEP Depot and Elevators (Lifts) in Depot.
iii) Submission of Site Acceptance Test Report, FAT
approval, Inventory list, etc. for Depot
i) Integrated Testing & Commissioning including All

Statutory Clearances / Certificates as mentioned in the
tender to be obtained for PST, MEP Station, Escalators,
Elevators (Lifts) for 11 Stations of Phase-2.
ii) Submission of Site Acceptance Test Report, FAT
KD-24 W 124
approval, Inventory list, etc. for 11 Stations of Phase 2
iii) Completion of Acceptance Tests after Integration
Testing & Commissioning of balance section (Phase-2).
KD-25 Readiness for Revenue operations for complete line W 130
Notes :
a) All key dates shall be referred from the commencement date of contract. The site shall be made
available progressively

b) Description of 1st Fix, 2nd Fix and Final Fix at Elevated Stations.
i. 1st Fix – Installation of Cable tray, conduit, supports for cable tray, pipes (fire and plumbing),
Ducting.
ii. 2nd Fix – Installation of sockets, Power cabling, Data cabling, wiring, earthing, Fire Hose
Cabinet, Fire Alarm cabling and Firefighting equipment and pipe works and valves.
iii. Final Fix – Installation of Light fixture, VAC equipment, plumbing fixtures, Motors, Fans, LV
panels, Sprinklers, Fire alarm panels & detectors, BMS equipment’s etc.
c) After completion of 1st Fix, the access will be shared with the Interfacing Contractors.
d) Access dates from Civil may be advanced /delayed based on actual civil construction progress,
E&M Contractor shall Co-ordinate with Civil Contractor and modify his detailed works program
based on Civil works.
e) If Contractor getting early access from Interface contractor, the contractor shall start the work
immediately in stations/Depot without any delay.
Access Dates
MML4
AD No. Access Date

(In Weeks from
Commencement Date)
Access to Equipment Rooms, E&M Works, Lift &

AD 1 W10
Escalator works for 10 Stations
Access to Cable ducts/Hangers/trays along the Viaduct

AD 2 W20
& Shared access to Main line track in Phase-1
AD 3 Access for Mast Foundation works W20
AD 4 Access for RSS Building construction W22

AD 5 W22
Escalator works next 10 stations
Access to Cable ducts/Hangers/trays along the Viaduct

AD 6 W43
& Shared access to Main line track in Phase-2

AD 7 W52
Escalator works for balance 12 stations
Depot Access - Stabling Lines, IBLs, and Workshop

AD 8 W65
Lines
AD 9 Access to Cable Trech for Cable Laying W70

MML4
AD No. Access Date

(In Weeks from
Commencement Date)
Depot Access - Technical rooms and shared access to

AD 10 W75
Depot balance Track
AD11 Access to OCC at Mandale Depot W75

11. Declaration of Undertaking
Reference name of the Application/Offer/Contract: ("Contract")4
To: ("Project Executing Agency")
1. We recognise and accept that KfW only finances projects of the Project Executing Agency
(“PEA”)5 subject to its own conditions which are set out in the Funding Agreement it has
entered into with the PEA. As a matter of consequence, no legal relationship exists between
KfW and our company, our Joint Venture or our Subcontractors under the Contract. The PEA
retains exclusive responsibility for the preparation and implementation of the Tender Process
and the performance of the Contract.
2. We hereby certify that neither we nor any of our board members or legal representatives nor
any other member of our Joint Venture including Subcontractors under the Contract are in any
of the following situations:
2.1) being bankrupt, wound up or ceasing our activities, having our activities administered by
courts, having entered into receivership, reorganisation or being in any analogous
situation;
2.2) convicted by a final judgement or a final administrative decision or subject to financial

sanctions by the United Nations, the European Union or Germany for involvement in a
criminal organisation, money laundering, terrorist-related offences, child labour or
trafficking in human beings; this criterion of exclusion is also applicable to legal Persons,
whose majority of shares are held or factually controlled by natural or legal Persons
which themselves are subject to such convictions or sanctions;
2.3) having been convicted by a final court decision or a final administrative decision by a
court, the European Union, national authorities in the Partner Country or in Germany for
Sanctionable Practice in connection with a Tender Process or the performance of a
Contract or for an irregularity affecting the EU’s financial interests (in the event of such
a conviction, the Applicant or Bidder shall attach to this Declaration of Undertaking
supporting information showing that this conviction is not relevant in the context of this
Contract and that adequate compliance measures have been taken in reaction);
2.4) having been subject within the past five years to a Contract termination fully settled
against us for significant or persistent failure to comply with our contractual obligations
during such Contract performance, unless this termination was challenged and dispute
resolution is still pending or has not confirmed a full settlement against us;
2.5) not having fulfilled the applicable fiscal obligations with regard to the payment of taxes
at the respective tax residence and in the country of origin of the PEA (contractors based
in Annex 1 countries (https://www.consilium.europa.eu/de/policies/eu-list-of-non-
cooperative-jurisdictions/) must submit a fully completed and legally countersigned
declaration of tax conformity (Appendix1 to the Declaration of Undertaking) in addition to
the Declaration of Undertaking at the time of award of the contract/contract review. This
shall become an integral part of the contract. Failure to submit may result in exclusion
from the awarding procedure. For contractors based in countries not listed as Annex I
4 Capitalised terms used, but not otherwise defined in this Declaration of Undertaking have the meaning given to such
term in KfW’s “Guidelines for the Procurement of Consulting Services, Works, Plant, Goods and Non-Consulting
Services in Financial Cooperation with Partner Countries”.
5 The PEA means the purchaser, the employer, the client, as the case may be, for the procurement of Consulting
Services, Works, Plant, Goods or Non-Consulting Services.

countries, only the Declaration of Undertaking must be submitted, and not the declaration
of tax conformity);
2.6) being subject to an exclusion decision of the World Bank or any other multilateral
development bank and being listed on the website http://www.worldbank.org/debarr or
respectively on the relevant list of any other multilateral development bank (in the event
of such exclusion, the Applicant or Bidder shall attach to this Declaration of Undertaking
supporting information showing that this exclusion is not relevant in the context of this
Contract and that adequate compliance measures have been taken in reaction); or
2.7) being guilty of misrepresentation in supplying the information required as a condition of

participation in the Tender.
3. We hereby certify that neither we, nor any of the members of our Joint Venture or any of our
Subcontractors under the Contract are in any of the following situations of conflict of interest:
3.1) being an affiliate controlled by the PEA or a shareholder controlling the PEA, unless the
stemming conflict of interest has been brought to the attention of KfW and resolved to its
satisfaction;
3.2) having a business or family relationship with a PEA's staff involved in the Tender Process
or the supervision of the resulting Contract, unless the stemming conflict of interest has
been brought to the attention of KfW and resolved to its satisfaction;
3.3) being controlled by or controlling another Applicant or Bidder, or being under common
control with another Applicant or Bidder, or receiving from or granting subsidies directly
or indirectly to another Applicant or Bidder, having the same legal representative as
another Applicant or Bidder, maintaining direct or indirect contacts with another Applicant
or Bidder which allows us to have or give access to information contained in the
respective Applications or Offers, influencing them or influencing decisions of the PEA;
3.4) being engaged in a Consulting Services activity, which, by its nature, may be in conflict
with the assignments that we would carry out for the PEA;
3.5) in the case of procurement of Works, Plant or Goods:
i. having prepared or having been associated with a Person who prepared

specifications, drawings, calculations and other documentation to be used in the
Tender Process of this Contract;
ii. having been recruited (or being proposed to be recruited) ourselves or any of our
affiliates, to carry out works supervision or inspection for this Contract;
4. If we are a state-owned entity, and compete in a Tender Process, we certify that we have legal
and financial autonomy and that we operate under commercial laws and regulations.
5. We undertake to bring to the attention of the PEA, which will inform KfW, any change in
situation with regard to points 2 to 4 here above.
6. In the context of the Tender Process and performance of the corresponding Contract:
6.1) neither we nor any of the members of our Joint Venture nor any of our Subcontractors
under the Contract have engaged or will engage in any Sanctionable Practice during the
Tender Process and in the case of being awarded a Contract will engage in any
Sanctionable Practice during the performance of the Contract;

6.2) neither we nor any of the members of our Joint Venture or any of our Subcontractors
under the Contract shall acquire or supply any equipment nor operate in any sectors
under an embargo of the United Nations, the European Union or Germany; and
6.3) we commit ourselves to complying with and ensuring that our Subcontractors and major
suppliers under the Contract comply with international environmental and labour
standards, consistent with laws and regulations applicable in the country of
implementation of the Contract and the fundamental conventions of the International
Labour Organisation6 (ILO) and international environmental treaties. Moreover, we shall
implement environmental and social risks mitigation measures when specified in the
relevant environmental and social management plans or other similar documents
provided by the PEA and, in any case, implement measures to prevent sexual
exploitation and abuse and gender based violence.
7. In the case of being awarded a Contract, we, as well as all members of our Joint Venture
partners and Subcontractors under the Contract will, (i) upon request, provide information
relating to the Tender Process and the performance of the Contract and (ii) permit the PEA
and KfW or an agent appointed by either of them, and in the case of financing by the European
Union also to European institutions having competence under European Union law, to inspect
the respective accounts, records and documents, to permit on-the-spot checks and to ensure
access to sites and the respective project.
8. In the case of being awarded a Contract, we, as well as all our Joint Venture partners and
Subcontractors under the Contract undertake to preserve above mentioned records and
documents in accordance with applicable law, but in any case, for at least six years from the
date of fulfillment or termination of the Contract. Our financial transactions and financial
statements shall be subject to auditing procedures in accordance with applicable law.
Furthermore, we accept that our data (including personal data) generated in connection with
the preparation and implementation of the Tender Process and the performance of the
Contract are stored and processed according to the applicable law by the PEA and KfW.
Name: ________________________ In the capacity of: ______________________
Duly empowered to sign in the name and on behalf of7:_________________________
Signature: Dated:
6 In case ILO conventions have not been fully ratified or implemented in the Employer’s country the
Applicant/Bidder/Contractor shall, to the satisfaction of the Employer and KfW, propose and implement appropriate
measures in the spirit of the said ILO conventions with respect to a) workers grievances on working conditions and
terms of employment, b) child labour, c) forced labour, d) worker’s organisations, e) non-discrimination and f)
occupational health and safety.
7 In the case of a JV, insert the name of the JV. The person who will sign the application, bid or proposal on behalf of the
Applicant/Bidder shall attach a power of attorney from the Applicant/Bidder.

Appendix1 to the Declaration of Undertaking
12. Declaration of tax conformity – binding confirmation for legal persons

Name of company
I hereby confirm with my signature that:
1. I am authorised to make this declaration on behalf of the above company;
2. the company properly pays all taxes in accordance with the tax laws of the country in which
the company is domiciled;
3. the company is not currently nor has been in the past involved in any legal proceedings
concerning the taxation of the company;
4. the company will duly pay taxes that may arise from the provision of contracted services;
5. all information and statements provided in advance are complete, accurate in terms of
content and currently correct.
(Place) (Date) (Name of the Consultant)
(Signature (s))

Appendix1 to the Declaration of Undertaking
13.Declaration of tax conformity – binding confirmation for natural

persons
I hereby confirm with my signature that:
1. I make this declaration in my name/on my own account;
2. I duly pay taxes that I am obliged to pay under the tax law of my country of residence;
3. I am not currently involved in tax law court proceedings, nor have I been in the past;
4. I will duly pay taxes that may arise from the provision of contracted services;
5. I have filled in all the information and statements of this confirmation in full, accurately
in terms of content and that they are up to date at this time.
(Place) (Date) (Name of the Consultant)
(Signature (s))

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MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

DESIGN, MANUFACTURE, SUPPLY, INSTALLATION, INTEGRATION,

BID NO. CA-236

PART I Bidding Procedure

SECTION 1 Instructions to Bidders (ITB)

SECTION 2 Bid Data Sheet (BDS)

SECTION 3 Evaluation and Qualification Criteria (EQC)

SECTION 4A Bidding Forms (BDF) for Qualification

SECTION 4B Bidding Forms (BDF) for Technical Proposal

SECTION 4C Pricing Documents

SECTION 5 Eligible Countries (ELC)

KfW Policy - Sanctionable Practice – Social and Environmental

PART II Employer’s Requirements

SECTION 6A General Specifications for PST, E&M and L&E

B1-Scope of work for PST

C1 - Technical Specifications-Design Scope of work (E&M)

SECTION 6C C2 - Technical Specifications-Design Specification (E&M)

C3 - Technical Specifications-Construction Specification (E&M)

D1 - Technical Specifications- Elevators (Lifts)

SECTION 6E Not used

Supplementary Information to Section 6

(i) Drawings for PST

(ii) GFC Station Architectural Drawings

SECTION 6F (iii) Depot Architectural Drawings

(iv) Stations SEM Drawings

(v) Stations E&M Drawings

SECTION 6G Schedule of Dimensions (SOD) include Kinematic Envelopes

SECTION 6I Change Order

SECTION 6J1 Interface Management Procedure

SECTION 6J2 Interface Matrix (Internal and External)

SECTION 6J3 Interface Matrix for Maintenance Service

SECTION 6K Employer’s Requirements Maintenance Specifications

Specifications for Environmental, Social, Health and Safety

SECTION 6M Project Information Sheet

PART III Conditions of Contract and Contract Forms

SECTION 7 General Conditions of Contract (GCC)

SECTION 8 Special / Particular Conditions of Contract (SCC/PCC)

SECTION 9 Contract Forms (COF)

Section 5A - KfW Sanctionable Practice---------------------------------------------------5A-1

PART III CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section 8 - Particular Conditions of Contract (PCC) -----------------------------------8-1

Section 9 - Contract Forms (COF)--------------------------------------------------------------9-1

The Conditions of Contract comprise:

PART A – CONTRACT DATA

FIDIC Gold Description of Item Data

Clause 1 General Provisions

1.1.26 Cut-Off Date (number of days 90 days

1. Employer during Design Build Period

Bandra-Kurla Complex, 1st Floor, A-wing,

2. Employer during CM Period – Director

1.1.35 Employer’s Representative: Employer’s Representative:

Dy. Chief Engineer or any other Engineer.

Any other person appointed by the

Address will be same as given in 1.1.32.

Engineer The Engineer is the General Consultant or

CA-236 Design-Build and Maintain Single-Stage: Two-Envelope

FIDIC Gold Description of Item Data

1.3 (c) Agreed methods of electronic Facsimile, E-mail

1.3 (d) Address of Employer for As stated at 1.1.32 above

1.3 (d) Address of Employer's As stated at 1.1.35 above

1.3(d) Address of Contractor for To be added after Award

1.4 Contract shall be governed by India; within jurisdiction of Mumbai

1.4 Ruling language: English

1.4 Language for communications: English