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P.P. Buildwell Private Limited … vs Delhi Metro Rail Corporation And … on 31 January, 2018

2. On 28.8.2017 the Metro issued the RFP, in respect of the
subject tender, “Property Development at Dwarka Sec-21 MRTS
Station of Line-3 and Airport Xpress Line”. The tender was to be
submitted latest by 9.10.2017 at 3 pm. Relevant clauses of the RFP
are extracted below:

“3.5 ELIGIBILITY CRITERIA
The Bidder shall meet the following minimum Eligibility
Criteria (the “Eligibility
Criteria”):

3.5.1 A Bidder must be a sole proprietorship firm or a
partnership firm or a body corporate incorporated and
registered in India under the Companies Act, 1956 /2013, duly
registered under the law applicable to such company, either
individually or in Joint
Venture or a Consortium under an existing agreement and
further subject to compliance with applicable laws, policies and
guidelines of the Government of India. In case the Selected
Bidder is a Consortium, such Consortium shall be required to
incorporate a company under Companies Act, 2013 which shall

W.P.(C)10623/2017 Page 2 of 17
be a special purpose company (“SPG”) within 30 days of
issuance of the LOA and the SPC shall enter in to Lease
Agreement with DMRC for implementation of the Project. The
members of Consortium shall be required to maintain 100% of
the equity of the SPC throughout the subsistence of the Lease
Agreement. In case company is not incorporated within 30days
of issuance of LOA, then the LOA will stand cancelled and the
amount deposited by the selected bidders (i.e. tender security.
Security Deposit, Upfront amount etc.) shall be forfeited.
In case selected bidder is other than a consortium, special
purpose company(SPC), may be formed within 30 days of
issuance of the LOA under intimation to RFP Bid Document:
Dwarka Sec-21 MRTS Station (CPD-37R)DMRC and the SPC
shall enter into Lease Agreement with DMRC for
implementation of the project. The bidder shall be required to
maintain 100% of equity of the SPC throughout the subsistence
of the Lease Agreement.

Source: IK



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P.P. Buildwell Private Limited … vs Delhi Metro Rail Corporation And … on 31 January, 2018

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