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Further, the bidder emerging as the successful Bidder shall be required to
submit a Deed of Joint Undertaking (DJU) jointly executed by it and its
Holding Company (i.e. the firm meeting requirements of clause 5.1.1 above)
in which the executants of Deed of Joint Undertaking shall be jointly and
severally liable to the Employer for successful performance of the contract
as per format enclosed in bidding documents, at the earliest but not later than
fifteen (15) days from the date of opening of the price bid / completion of
Reverse Auction process (if applicable), failing which the Bid may be liable
for rejection and Bid Security may be forfeited by the Employer. The DJU
should at least cover the complete design support, the supervision of
construction and recommissioning of the cooling tower.
In case of award, the Holding Company of the Bidder (i.e. the firm meeting
requirements of Clause 5.1.1 above) will be required to furnish an on-
demand bank guarantee as per format enclosed in the bidding documents for
an amount of 2% (Two percent) of the total contract price in addition to the
contract performance security to be furnished by the Bidder.
Notes to Clause 5.1.1, 5.1.2 and 5.1.3 above:
a) "Design by itself" means that the tower(s) of reference plant must have
been designed by the bidder's own engineers. Tower(s) designed by
consultant/collaborator/associate of the bidder shall not be considered
Financial Criteria of Bidder
The average annual turnover of the Bidder, in the preceding three (3)
financial years as on the date of Techno-Commercial bid opening, shall not
be less than INR. 247 Million (Rupees Two Hundred and Forty Seven
Millions only) or in equivalent foreign currency.
In case a Bidder, does not satisfy the average annual turnover criteria, stipulated
above on its own, its Holding Company would be required to meet the stipulated
turnover requirements as above,
provided that the Net worth of such Holding
Company as on the last day of the preceding financial year is at least equal to or
more than the paid-up share capital of the Holding Company. In such an event, the
Bidder would be required to furnish along with its Techno-Commercial bid, a Letter
of Undertaking from its Holding Company, supported by the Board Resolution of
the Holding Company, as per the format enclosed in the bid documents, pledging
unconditional and irrevocable financial support for the execution of the Contract by
the Bidder in case of award.
Net worth of the bidder should not be less than 100% (one hundred percent) of its
paid up share capital as on the last day of the preceding financial year on the date of
Techno-commercial bid opening. In case the Bidder does not meet the Net worth
criteria on its own, it can meet the requirement of Net Worth based on the strength
of its Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding
companies wherever applicable. In such a case, however the Net worth of the Bidder
and its Subsidiary (ies) and/or Holding Company and /or Subsidiary (ies) of the
Holding Company, in combined manner should not be less than 100% (hundred
percent) of their total paid up share capital. However, individually, their Net worth