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TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
SUB: Providing Canteen services in the Corporate Office premises at KIOCL
Limited, Koramangala II Block, Bangalore, Karnataka State – 560 034.
INDEX
Section
Title
Page
numbers
A1
Invitation to tender
(Techno-commercial Bid)
2 - 7
A2 Instruction to tenderers & terms and conditions
8 - 11
B Special Conditions of Contract
12 - 18
C
Business rule and terms & conditions of online
price bidding cum e- reverse auction
19 - 27
D Integrity Pact 28-35
ANNEXURE – I Wage Slip 36
ANNEXURE – II Day wise Menu 37
ANNEXURE – III Canteen Timings 38
ANNEXURE – IV Schedule of Items 39 – 40
ANNEXURE – V Price Bid 41 - 42
2
Section – A1
INVITATION TO TENDER
Techno-Commercial Bid
TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
KIOCL Limited invites open tenders under two bid system from reputed,
resourceful, competent & experienced Agencies in running office canteen in
Government / PSUs/ Educational Institutions / Private Institutions for providing
Canteen services in the Corporate Office premises at KIOCL Limited,
Koramangala II Block, Bangalore, Karnataka State – 560 034.
Bidders can also collect the tender documents on all working days from the Office
of the AGM (Admn), KIOCL Limited, Bangalore from 05/11/2018 till 26/11/2018,
01.00 PM on all working days or download from our official web site
www.kioclltd.in.
Quotations shall be submitted in accordance with the tender terms and
conditions. The last date for submission of sealed bid is 26/11/2018 till 03.00 PM.
KIOCL Limited reserves the right to reject any or all the bids without assigning
any reason whatsoever and without any liability.
Clarification required, if any, may be forwarded in advance. Subsequently
amendments to tender terms and conditions, if any, shall be informed. Offers
shall be submitted in accordance with the tender terms and conditions and the
amendments issued, if any. The last date for submission of bids is 26/11/2018 till
03.00 PM.
KIOCL Limited (Formerly Kudremukh Iron Ore Company Limited):
KIOCL LIMITED, the country‟s prestigious 100% export oriented unit and Mini
Rathna Company, having its Pelletisation Complex and Pig Iron Complex at
Mangalore, is engaged in the business of manufacturing and exporting high
quality Iron Oxide Pellets and supply of pig iron for domestic market. An ISO-
9001:2008, ISO-14001:2004 certified company also compliant with OHSAS:
18001:2007 certifications for Occupational Health and Safety Management
System, has its Corporate Office at Bangalore.
1. Name of Work : Providing Canteen services in the Corporate Office
premises at KIOCL Limited, Koramangala II Block, Bangalore, Karnataka
State – 560 034.
2. Scope of Services:
3
2.1 The caterer shall supply wholesome and hygienically prepared meals and
other eatables, snacks, beverages, tea / coffee as per item list at
ANNEXURE - II the MENU and ANNEXURE – IV the SCHEDULE OF ITEMS
on the basis of agreed rates, on all days of the year excluding Sundays
and Holidays at the Corporate Office premises of KIOCL Limited,
Koramangala II Block, Bangalore- 560 034. The caterer shall arrange
additional services on an emergency basis as required by the Authorised
Officer of the Company. Preparation and Supply Hygiene food stuff at the
Canteen shall be strictly as per ANNEXURE - IV.
2.2 The Supply of items at the Canteen shall be against coupons printed and
issued by Authorised Officers of the Company. No cash Transactions are
permitted in the canteen.
2.3 Time table for the services shall be as per the ANNEXURE – III hereto
which shall be adhered to by the Caterer without fail. All foodstuff
prepared in canteen shall be served hot and in time.
2.4 Only vegetarian items are allowed. Consumption and preparation of non-
vegetarian items by Caterer‟s employees/ personnel is prohibited in the
canteen premises. Alcohol consumption is strictly prohibited and the
Caterer should ensure that his employees do not indulge in the same.
2.5 The Caterer at his own cost shall provide the required consumables, raw
material and provisions of high quality of proven brand for the
preparation of meals and other eatables, snacks, beverages as required.
These materials shall be liable to spot examination by the authorised
officer of the company for ensuring quality from time to time. The caterer
shall maintain the required quantity of provisions, vegetables and other
items to run the canteen smoothly without any hindrance and without
giving any room for shortage at any time and shall be stored in a hygienic
condition.
2.6 The scope given above is indicative but not exhaustive. This does not,
exonerate the caterer from any responsibility / task which may be
required / deemed to be essential for efficient operation of the services
and any tasks that may be assigned to the caterer by the company from
time to time.
2.7 Caterer should be in a position to bring in manpower required to serve
approximately 100 to 160 persons.
3. Period of Work: The initial contract shall be for a period of 01(one) year
from the date of commencement of work as would be mentioned in the
Work Order/LOI with a provision to extend for two more years on
satisfactory service, on the same terms & conditions and rate escalation of
7.5% on yearly basis of the total value of the contract for the two
succeeding years. The period may be extended or curtailed at the sole
discretion of the company.
4
4. PROFORMA FOR EVALUATION OF PRE-QUALIFICATION OF
BIDDERS
The agencies who are submitting their offers must furnish the following
details along with documentary evidence of their claims. However, any
surrogated submission in any form will disqualify them from consideration.
GENERIC
Name of the
Agency
Postal
Address
Communication
Address
Contact
Person
Emergency
contact mode /
Number /e-mail id
SPECIFIC
Sl. No. Description Minimum Required
1. Highest value of similar nature of work
executed in any single year during last 7 years
(i.e., from 2011-12 to 2017-18).
Note :-
Providing canteen services to PSU‟s,
Central Govt., State Govt. offices /
Undertakings / PSBs / Educational
Institutions / Private Institutions.
Should have atleast three years of
experience in running canteen services.
Copies of the work orders shall be
furnished along with work completion
certificates.
i) Three (3) similar
completed works
costing not less than
Rs.12 lakhs.
OR
ii) Two (2) similar
completed works
costing not less than
Rs.15 lakhs.
OR
iii) One (1) similar
completed work costing
not less than Rs.24
lakhs.
2. Do you have experience in running office
Canteen in the past three years in Government
Dept. / PSU‟s/Public Limited Company/
Institutions which shall be supported by
experience certificate.
5
3. Total No. of persons employed by you as on
date.
4. PAN No. (Mandatory)
5. BANK DETAILS:
(i) Name of the Bank & Branch
(ii) Type of Account
(iii) Account No.
(iv) MICR No. / IFSc
(v) Branch code
5. Tender documents
The tender document consists of:
Sl.
No
Particulars
a) Limited Tender Notice
b) Invitation to tender (Techno - commercial Bid) at Section – A1
c) Instruction to tenderers & terms and conditions at Section – A2
d) Special Conditions of Contract at Section - B
e) Business rule and terms & conditions of online price bidding
cum e-reverse auction at Section - C
f) Integrity Pact at Section - D
g) Wage Slip – ANNEXURE -I
h) Day wise Menu – ANNEXURE - II
i) Canteen Timings – ANNEXURE – III
j) Schedule of Items – ANNEXURE – IV
k) Price Bid – ANNEXURE - V
6. Tender Document with necessary details will be available on all working
days from 05/11/2018 till 26/11/2018, 01.00 PM at the office of
AGM(Admn), Administration Department, Koramangala, 2nd Block,
Bangalore –560 034, Karnataka State and in our official web site
www.kioclltd.in
7. Sealed bids in two bid system, i.e., Technical Bid and Financial Bid in a
separate sealed covers clearly writing the name and address of the
6
tenderer with rubber stamp on each cover shall be submitted in the
manner as mentioned below:
a) First sealed Envelope superscribed as “Technical Bid (Un Priced) –
Providing Canteen services in the Corporate Office premises at KIOCL
Limited, Koramangala II Block, Bangalore, Karnataka State – 560 034”,
shall contain all the above tender documents at 5 (a) to (j) above duly
filled-in and documents in support of pre-qualification with official seal &
signature on all pages but without any mention of rates & prices.
First envelope shall also contain “EARNEST MONEY” in the form of
Demand Draft as per clause 8 below.
b) Second sealed Envelope superscribed as “Financial Bid (Priced) -
Providing Canteen services in the Corporate Office premises at KIOCL
Limited, Koramangala, II Block, Bangalore, Karnataka State – 560 034”
shall contain prices filled in strictly as per format 5 (k) Price Bid above,
i.e., Price Bid at ANNEXURE - V and no other additional papers to be
enclosed there in. c) Both the above envelopes should be kept in another cover and sealed
and superscribed as “Bid - Providing Canteen services in the Corporate
Office premises at KIOCL Limited, Koramangala II Block, Bangalore,
Karnataka State – 560 034” and addressed to Assistant General
Manager (Admn), KIOCL Limited, II Block Koramangala, Sarjapur Road,
BANGALORE – 560 034 and shall be submitted to his office till 03.00 PM of
26/11/2018. Offers received late are liable for rejection.
8. EMD: The bid shall be accompanied by an Earnest Money Deposit of Rs. 30,000/- (Rupees Thirty Thousand only) in the form of Demand draft
from any Nationalized Bank in favour of “KIOCL LIMITED” payable at
Bangalore. Bids not accompanied with EMD are liable for rejection.
EMD will be forfeited if the tenderer withdraws or alter / modify the tender
terms in any respect within the period of validity specified in the tender
document after the due date of submission of bids.
EMD shall be returned after submission and acceptance of the initial
Security Deposit / adjustable towards security deposit in the case of
successful bidder. However, the same shall be returned to the unsuccessful
bidders without any interest immediately after the award of work to the
successful bidder.
9. The sealed bids shall be submitted to Assistant General Manager(Admn),
Administration Department, KIOCL Limited, II Block, Koramangala,
Bangalore – 560 034 till 03.00 PM on 26/11/2018. Further to the submission
of the bids, un-priced (Technical) bids will be opened on the same day at
4.00 PM in presence of the tenderers or their authorized representatives.
After ascertaining the techno-commercial suitability of the offers, the
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Financial Price bids of techno-commercially acceptable offers will be
opened on a specified date which will be communicated to the bidders in
advance for participation to witness the same.
10. Acceptance of the bid will be intimated to successful bidder through a
Letter of Intent (LOI) and this letter will be treated as authorization for
award of work. The bidder shall sign the said copy of LOI and send to
KIOCL Limited within five days (5) from the date of receipt of the same. In
the event of failure on the part of the bidder to sign and return the LOI
within the specified time, the EMD shall be liable to be forfeited at the sole
discretion of the owner.
11. The bid shall be valid for a period of “Three (03) months” from the due
date of receipt of the technical bid.
12. KIOCL reserves the right to Re-Tender (or) to extend the due date of
submission of offer, if response to tender is not adequate or otherwise.
13. KIOCL reserves the right to modify the tender documents at any stage
before the due date of tender. The tenderers are advised to note any
updated information in the website from time to time.
KIOCL Limited decision shall be final & no correspondence shall be
entertained in this regard
14. There will be no negotiation & order will be placed on the L-1 offer. The
total price will be considered for finalizing the L-1 bidder, and hence
bidders are requested to quote competitive rates.
15. On submission of the tender, it is deemed that bidders have read,
understood and agreed to the entire tender document.
16. The Company reserves the right to accept or reject any or all tenders
without assigning any reason whatsoever.
Assistant General Manager (Admn)
8
Section – A2
INSTRUCTIONS TO TENDERERS & TERMS AND CONDITIONS
TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
1. Tenderers are advised to go through all the documents including Annexure
and affix the signature on each page with seal.
2. Tenders not properly filled, over-written or with arithmetical mistakes,
delayed or generally not complying with the conditions are liable to be
rejected.
3. Each tenderer shall furnish EMD of Rs. 30,000/- (Rupees Thirty Thousand
only) in the form of Demand Draft in favor of KIOCL Limited, payable at
Bangalore with the tender. Cheque will not be accepted. The EMD will be
refunded to the unsuccessful tenderer/s after award of work within a
reasonable time without any interest. In the case of successful bidder, the
EMD shall be returned without interest after submission and acceptance of
the initial Security Deposit (SD).
4. The tenderer shall make no alterations in the tender documents, if found,
such bid will be rejected.
5. The acceptance of a tender will rest with the KIOCL Limited Bangalore, who
reserves the right to reject any or all the tenders without assigning any
reason.
6. EVALUATION AND COMPARISON OF BIDS:
The detailed process for BID Evaluation is as follows:
a) First Stage : Techno-Commercial Bid Evaluation :
The techno-commercial offers received from the bidders will be
evaluated as per the tender terms and conditions of the NIT. The Tender
Committee may call the bidders/bidders representatives for detailed
techno-commercial discussions, clarifications, presentation if required.
The names of techno-commercially qualified bidders will be intimated
for participation in the online price bidding cum reverse action and for
subsequent opening of the Price bids (i.e., sealed price bid received
along with the bid).
b) Second Stage : Online Price bidding cum Reverse Auction and
Collection of online final price bid history from service provider:
As per prevailing guidelines, KIOCL shall be conducting Online Price
bidding cum Reverse Auction prior to opening of price bids. All
techno-commercially acceptable bidders who have accepted business
9
rules provided by our service provider are eligible to participate in the
online price bidding cum reverse auction. After the online price
bidding cum reverse auction, KIOCL will collect the final price
comparative statement from service provider.
c) Third Stage : Composite price comparative statement
After the receipt of final online price bid cum reverse auction
comparative statement from the service provider, the sealed price bids
of all the Techno-commercially acceptable tenderers, irrespective of
whether they have participated in the Online price bidding cum
Reverse Auction or not, shall be opened within a short duration i.e.,
within 2 to 4 working days.
Based on the prices so received, through Online price bidding cum
Reverse Auction and the Sealed price bids received along with the
techno-commercial offer, a composite price comparative statement
shall be made considering the lower of the prices (i.e., sealed price bid
prices & final online prices) of all the tenderers. Placement of the order
shall be considered on the L1 price so arrived.
Note :
a) During the online price bidding cum reverse auction, if no bid is received
within the specified time, then KIOCL, at its discretion may scrap the
online price bidding cum reverse auction process and open only sealed
price bids of those bidders who are techno-commercially qualified for
opening of Price bids.
b) In case of offers which contain price details / partial price details of the
prices in the Techno-Commercial bid, sealed price offer only shall be
considered for evaluation.
c) In case two or more firms quote exactly same rates in e-reverse auction; In
such cases, the firm who has quoted the lowest price in the hard copy of
the price bid shall be considered as L1.
d) In case Reverse auction is conducted, where there is a response from
bidders, composite price comparative statement shall be made based on
the percentage increase on the total amount on the Schedule of Items at
ANNEXURE –IV.
e) There will be no negotiation & order will be placed on the L-1 offer.
Hence, bidders are requested to quote competitive rates against schedule
of works.
7. No overwriting, corrections, insertion shall be permitted in any of the tender
unless duly counter signed by the tenderer. The tender should be filled in
10
and submitted in strict accordance with the instructions laid down herein
otherwise the tender is liable to be ignored.
8. Individual signing the tender or other documents connected with the tender
must specify whether the signs as ;
(i) A sole proprietor of the concern or authorised attorney of such sole
proprietor.
(ii) A partner of the firm if it is a partnership firm, in which he must have
authority to execute contracts on behalf of the firm and refer to
arbitration disputes concerning the business of the partnership either
by virtue of partnership agreement or by a power of attorney duly
executed by the partners of the firms.
(iii) Director or Principal Officer duly authorized by the Board of
Directors of the company.
9. In case of (ii) a copy of the partnership deed or general power of Attorney,
in either case attested by a Notary Public should be furnished or an affidavit
on stamp paper duly sworn or affirmed by all the partners admitting
execution of the partnership agreement or the general power of attorney
should be furnished. The attested copy of the certificate or registration of
firm should be attached along with the tender papers. In case of partnership
firm. Where no authority to refer dispute concerning the business of the
partnership has been conferred on any partner, the tender and all other
related documents must be signed by all the partners of the firm. In case of
(iii) the person signing the tender should be authorized by a resolution
passed by the board of directors and a copy of the resolution attested by the
Principal Officer should be attached.
10. The tenderer shall sign each and every page of the tender documents and
submit in the appropriate part of the bid.
11. Tenders not received in the prescribed forms as specified in the Invitation to
tender will be liable for rejection.
12. Non-submission of duly filled in & signed form of tender shall make the
tender liable for rejection.
13. The tenderer shall quote for the entire tendered quantity as per scope of
work. The tenderer shall be ranked L-1, L-2,…… etc. on the basis of quoted
rate(composite amount of derived value for all the tendered items) i.e.
lowest rate shall be ranked as L-1 and so on.
14. Price Bid : The tenderer(s) shall submit the price bid (ANNEXURE - V) as per
the format given herein as “Schedule of quantities” .
15. Tenders containing overwriting or erasing, without authentication with full
signature on the page(s) of “Schedule of Quantities” (Price Bid) and amount/
quantity not shown in figures and words will be liable for rejection.
11
16. The rates & quantities quoted in the tender by the tenderer shall be in figure
as well as in words. In case of discrepancy in the rate(s) amount/ quantities
between figure and words, the value written in words shall be taken as
finally quoted rate(s)/ amount/ quantities.
17. The rates in the tender shall cover all statutory duties/ taxes/ levies, as on
date of tender, including service tax and educational cess thereon.
18. Conditional tenders shall be liable to be rejected. Tenderer must go through
all the terms and conditions provided in the set of tender document and
submit bonafide offer.
19. Any request from the tenderer in respect of additions, alterations,
modifications, corrections etc. of either terms & conditions or arithmetical
correction or correction on account of overwriting/erasing of rates of his
tenders after opening of the tenders, shall not be entertained under any
circumstances. If the tenderer withdraws his tender after opening of the
tender, but before the expiry of the validity period of the tender, the Earnest
Money shall be forfeited.
20. Acceptance of the tender will be intimated to the successful tenderer by a
Letter of Intent (LOI) / Work Order. The contractor shall then be required to
deposit SD within the time specified in the Letter of Intent / Work Order
21. The date of commencement of canteen service will be as per the date
indicated in the LOI / Work Order.
22. Canvassing in any form is strictly prohibited and tenders submitted by the
tenderer who resort to canvassing, will be liable for rejection.
23. Tender shall be properly bound and submitted.
24. This tender is not transferable.
25. It shall be the responsibility of the persons submitting the tender to ensure
that the bids have been submitted in the formats and as per the terms and
conditions prescribed in the tender / KIOCL Website and no change is made
therein before submission of their tender. In the event of any doubt
regarding the terms and conditions/ formats, the person concerned may
seek clarifications from the authorised officer of KIOCL. In case any
tampering/unauthorised alteration is noticed in the tender submitted from
the Tender Document available on the KIOCL Website, the said tender shall
be summarily rejected and the company shall have no liability whatsoever
on the matter.
Assistant General Manager (Admn)
12
Section – B
SPECIAL CONDITIONS OF CONTRACT
TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
SUB: Providing Canteen services in the Corporate Office premises at KIOCL
Limited, Koramangala II Block, Bangalore, Karnataka State – 560 034.
1. TERMS:
The “COMPANY” shall mean “KIOCL Limited” with its registered office at II
Block, Koramangala, Bangalore-560 034.
“Contractor” or “Agency” shall mean the tenderer i.e., _______________
who have been accepted by the Company and shall include the
Contractor‟s heirs, executors, administrators, legal representative,
successors and assignees approved by the Company.
“Contract” shall mean and include the offer and acceptance of terms and
conditions for running of Canteen, exchange of letters of acceptance and
offer enclosing the terms and conditions of the contract duly signed on each
page by the Contractor/Agency as a token of acceptance.
„Authorized” Person” of the Company shall mean the in-Charge of
Administration Department or authorized representative.
“Letter of Intent” means intimation by a letter to the tenderer that his tender
has been accepted.
“Contract price” means the sum named in the tender subject to such
additions thereto or deductions there from as may be made under the
provisions of the Contract.
2. FACILITIES TO BE PROVIDED BY KIOCL LIMITED:
2.1 The Contractor will be provided space on the ground floor of the
Corporate Office consisting of a kitchen, dining hall and a store room
for the purpose of running the Canteen free of cost. The premises
should not be used for any purpose other than running the Canteen.
2.2 Kitchen equipments, cutlery and crockery also will be supplied by the
Company as determined by the Company from time to time free of cost.
2.3 Water supply will be provided by the Company free of charge subject
to availability.
2.4 A maximum of 16 numbers of Gas Cylinders per month @ maximum 4
Nos. Gas Cylinders per week (commercial cylinders) or the actual
13
consumption whichever is less will be reimbursed by the Company.
The contractor has to arrange and collect the Gas cylinder on his own
and claim the reimbursement on production of Bill. Cost of Gas
Cylinders in excess of the above will have to be borne by the
Contractor.
2.5 Pest Control Services.
2.6 Major Maintenance involving spares etc of the Canteen Equipment and
furniture.
3. No accommodation shall be provided by KIOCL Limited for canteen
employees.
4. The Contractor will serve items of snacks and beverages as may be
determined by the Company from time to time at the rates quoted by the
Contractor. The Contractor will ensure that the items are served strictly as per
ANNEXURE-II & IV.
5. There will be strict quality control of food. The prohibited items like baking
soda, chemical colours, adulterated oils, etc., should not be used. Fine rice
and only sun flower refined oils of well known brand should be used for
preparation of food. The food supplied should be wholesome and
qualitatively good. For any breach of this, contract is liable for termination.
6. The Contractor will ensure personal supervision in running the Canteen and
deploy sufficient number of persons for its smooth running. The contractor
must ensure that the persons employed are free from any communicable
diseases and are medically fit and healthy to be employed in the Canteen.
The Company reserves its right to send any of his employees for a medical
check-up at any time.
7. Uniform Cloths will be provided to the workers employed by the Contractor
by KIOCL, two sets per year on the date of commencement of canteen
services. The quality of cloth, pattern of uniform and colour of the uniform will
be approved by the Company. All the workers shall wear Identity Card as
per the specimen approved by the Officer In-charge.
8. It will be the Contractor‟s responsibility for proper maintenance of the kitchen
equipments including minor repairs, electrical gadgets, crockery, cutlery and
any other material supplied, and will make good any loss or theft or breakage
of the materials supplied by the Company other than normal wear and tear
which will be determined by the Company. The Contractor will render
account for all the items supplied by the Company as and when required for
physical verification by the Company authorized officers.
9. The contractor will have to furnish the statement showing names of all the
employees engaged for KIOCL Canteen, Any addition /deletion must be
communicated to the company authorized officer.
14
10. The Contractor will ensure that a high degree of cleanliness is maintained in
the kitchen and the dining hall. The Contractor will also ensure that the
snacks and beverages prepared are of standard quality. The Contractor will
further ensure that items are made available at the prescribed hours and
served in a hygienic condition in the dining hall or elsewhere as and when
ordered,
11. The Contractor will ensure that before taking any of the items issued by the
Company outside the Office premises, written permission of the Controlling
Authority is obtained and produced to the Security Personnel.
12. Sale of food items will be only against coupons and there will be no sale
against cash. Supply of food stuff will be in the Canteen premises and
coffee/tea will be served at the respective work spots once in the morning
and once in the afternoon as per ANNEXURE – III.
13. The Contractor shall maintain a Register for various items of kitchen
equipments, crockery, cutlery etc., supplied by the Company.
14. The Contractor shall not deploy child labour.
15. KIOCL reserves the right to terminate the contract at any time by giving two
months notice on unsatisfactory services of the contractor.
16. The contractor is solely responsible for all the safety measures as per the
rules in the interest of the workers engaged by him and the Company will not
bear any liability whatsoever in this regard.
17. COMMERCIAL TERMS:
17.1. Rates:
The rates offered by the Caterer at „Schedule of Quantities‟ for the
scope of services shall remain firm for the first year from the date of
commencement of the work and an escalation of 7.5% on yearly basis of
the total value of the contract is applicable for the two succeeding
years.
17.2. Income Tax / Service Tax / GST deduction at source:
17.2.1. Income Tax shall be deducted as per Income Tax Act.
17.2.2. The successful bidder has to comply with all service tax rules as per the
service tax act.
17.3. Terms of payment and Bill certification:
17.3.1 For food items served to the individual employees, it will be the
Contractor‟s sole responsibility to collect the coupons. The coupons
15
so collected will be consolidated item-wise, date wise and submitted to
Administration Department once in a week for reimbursement of the
same.
17.3.2 The contractor shall pay the wages to the workers employed by him not
less than the minimum wages prescribed by the Govt. of India under
Minimum Wages act during the tenure of the Contract. This shall be
entirely Contractors responsibility towards payment of the wages, PF,
ESI, and other Statutory Payment / facilities to the workers employed by
him.
17.3.3 The wages payable to the contract workers should be paid by the
Contractor on or before 7th of every calendar month. The contractor
should also issue the wage slip to the employees engaged by him at the
time of payment.
17.4. The Technical Bid shall be accompanied by an Earnest Money Deposit
(EMD) of Rs. 30,000/- (Rupees Thirty Thousand Only), shall be deposited
in the form of a Demand Draft from a scheduled bank drawn in favour of
KIOCL Limited, Bangalore. Bids not accompanied with EMD is liable for
rejection.
17.5. Security Deposit (SD) :
Within 15 days of the award of the contract, the contractors shall deposit
with KIOCL an initial security deposit of Rs. 90,000/- (Rupees Ninety
Thousand only) in any of the following forms.
(i) Demand Draft from any Nationalized Bank in favour of “KIOCL
Limited” payable at BANGALORE.
(ii) Pay Order in favour of “KIOCL Limited” payable at BANGALORE.
(iii) Through RTGS
UNION BANK OF INDIA
PBS (KORAMANGALA)
BANGALORE – 560 034
ACCOUNT No. 515401010022015
IFSC CODE: UBIN0551546
As and by way of additional security, from every progressive bill of
contractor, security deposit at the rate of 7% of the gross value of such bill
as determined before payment shall be retained by KIOCL Ltd.
There is no maintenance period for this contract, hence after the
completion of the work the initial security deposit & security deposit
recovered in the running bills will be returned to the contractor. This
amount will not carry any interest.
16
17.6. Indemnification:
The Agency shall indemnify and keep indemnified the Company from and
against all actions, claims, demands and/or liabilities whatsoever arising
out of this contract or consequent upon the breach of any of the provisions
of this contract and/or against any claim, action or demand by any of the
Agency‟s Employees, person(s), firms, institutions under any law, rule or
regulation having the force of law, including but not limited to, claims
against the Company under the Employees State Insurance Act, the
Employees Provident Fund Act, 1952, The Contract Labour (Regulation &
Abolition) Act, 1970, and the Minimum Wages Act, 1948 and any
amendments thereto.
17.7. Penalties / Liquidated damages :
17.7.1. In case a complaint about the Hygiene / quality / delay / shortage of
tea/ snacks / Meals a penalty of Rs. 1000/- (Rupees one thousand only)
per incident shall be levied on caterer by company. In imposing
penalty the decision of the authorised officer of the company shall be
final.
17.7.2. Recover from the caterer as ascertained and agreed liquidated
damages and by way of penalty a sum of Rs. 3000/- (Rupees three
thousand only) for each days default (pro-rata for part thereof) subject to
a maximum amount of deposit.
17.7.3. Arrange for the work or part of the work in default by caterer to be
carried out through other caterer at the original caterer‟s risk and cost.
Such decision of the company being final and binding on the caterer.
17.8. General obligations of caterer:
17.8.1. The catering contract is not transferable.
17.8.2. The caterer shall take charge of the canteen and be responsible for
any damage to the canteen premises or to any of the company‟s
property in his charge.
17.8.3. The caterer shall not take out of the office premises; any eatables
prepared in the canteen for sale or otherwise, unless it is connected
with company‟s work and the authorised officer of the company
approves it.
17.8.4. The caterer shall not in any capacity employ any person of bad
character.
17.9. Termination of Contract:
17
17.9.1. The company reserves the right to terminate the contract on two
month‟s notice without assigning any reason.
17.9.2. In case of discontinuation of canteen services by caterer with or
without notice or the company on account of caterer not providing
satisfactory services, terminates the contract, the security deposit
shall be liable to be forfeited without reference / notice to the
caterer and the agency is barred for participation for the next
contract.
17.10. In any matter not covered by this letter, the decision of the Company
shall be final and binding on you.
18. Force Majeure :
i) Any delay, in or failure of performance of the Contract by Contractor or
Owner shall not constitute defaults by such party or give rise to any claim
for damages against it, if and to the extent such delay or failure of
performance is caused by acts of God, acts of war or hostilities, acts or
omissions of Government, invasion, revolution, civil commotion, blockage,
embargo, sabotage, fires, severe earth quakes, typhoons, cyclones,
lightening, plague, epidemic or other act, omission or circumstances,
(excluding monsoon) which are beyond the reasonable control of the
parties affected which they could not have reasonably foreseen and
guarded against and which by exercise of reasonable care and diligence,
they are unable to prevent (herein referred to as Force Majeure).
ii) Upon the occurrence of such cause and upon its termination, the party
alleging that it has been rendered unable as aforesaid shall notify the other
party in writing within 48 (forty-eight) hours of the alleged beginning and
ending thereof giving full particulars and satisfactory evidence in support
of the claim.
iii) Time of performance of the relative obligations suspended by the force
majeure shall then stand extended by the period for which such cause lasts.
iv) If the obligations and responsibilities to be fulfilled by the Agency are
suspended by force majeure conditions lasting for more than one week, the
company shall have the option of cancelling this contract in whole or part
hereof at its discretion.
v) If any doubt arises regarding interpretation of any provisions of this
contract, the mater shall be referred to the GM (HR) or their authorized
representative, who shall arrange to issue necessary clarifications, which
shall be final and binding on the Agency.
18
19. Fraud prevention policy of KIOCL Limited:
Every one may take note that a “Fraud Prevention Policy” is being followed at
KIOCL, which provides a system for prevention / detection / reporting of any
fraud. It also forbids everyone from involvement in any fraudulent activity and
that where any fraudulent activity is suspected by anyone, the matter must be
reported to the „Nodal Officer‟ (Chief Vigilance Officer) as soon as he / she
comes to know of any fraud or suspected fraud.
20. Integrity Pact (IP) will also be part of this contract document. The Integrity
Pact Agreement format is at Section - D. This agreement duly signed and seal
with witness signature needs to be submitted along with the bid documents.
The following Independent External Monitor (IEM) is nominated for the above
job.
Shri Kumar Jitendra Singh
#1, Moil Vatika
Chicholi Road, Fetri Kajol Road
Nagpur – 441 501
Mobile No.+91 9665083386
e-mail : kumarjsingh1942@gmail.com
21. Jurisdiction of Court:
This contract shall be subject to the jurisdiction of court in Bangalore,
Karnataka State.
22. For any related clarifications please contact the following officers:
Sl. No. Name & Address Phone No. Fax No.
1 Shri. N.S.RAVINDRANATH
ASST. GENERAL MANAGER
(ADMINISTRATION)
KIOCL LIMITED
2ND BLOCK, KORAMANGALA
BANGALORE – 560 034.
Email: badmin@kioclltd.com
080-25531461
to 25531470
&
25535937 to
25535940
(Extn: 215)
080 - 25531998
Mobile:
+91 9663268900
080 -
25532153
Asst. General Manager (Admn)
19
Section – C
BUSINESS RULE AND TERMS & CONDITIONS OF ONLINE PRICE
BIDDING CUM REVERSE AUCTION
TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
Sub: Providing Canteen services in the Corporate Office premises at KIOCL
Limited, Koramangala II Block, Bangalore, Karnataka State – 560 034.
BUYER NAME
KIOCL LIMITED,
ADMINISTRATION DEPARTMENT
KORAMANGALA
BANGALORE – 560 034
AUCTION TO BE
CONDUCTED BY
M/s BOB eProcure Solution Pvt. Ltd
# 3/4, 3rd Floor, Maruthi Towers, Madiwala, Bangalore - 560 068
Mrs. Marita Ravi : 080 49000213
E mail : marita.ravi@bobeprocure.com
Fax Nos : 080 49000211 / 42001251
DATE OF AUCTION
Online Price Bid cum Reverse Auction Date:
Dynamic Sealed Bid Time:
Reverse Auction Time:
(will be specified at later)
( Auto extension as applicable)
DOCUMENTS
ATTACHED
Business rule for Online price bidding cum reverse auction
(Annexure-A)
Terms & conditions of Online price bidding cum reverse auction
Process Compliance Statement (Annexure-B)
Price Confirmation (Annexure-C)
Contact Information
Note :
The bidders are requested to note that they should have a valid digital Certificate
issued by any of the valid certifying authorities to participate in the online
bidding. Those vendors who are not in possession of a valid digital certificate are
requested to apply for the same well in advance to avoid any last minute hassles.
The bidders may contact the service provider if they are not in possession of a
valid digital certificate.
20
ANNEXURE - A
BUSINESS RULES FOR ON LINE PRICE BIDDING CUM REVERSE AUCTION
A) General Terms and Conditions of Online Price Bidding cum Reverse
Auction
1. Against this Enquiry for the subject item/system with detailed scope of
works as per our specification, KIOCL Limited, hereinafter referred to as
KIOCL, may resort to “ONLINE PRICE BIDDING CUM REVERSE
AUCTION PROCEDURE”.
2. For the proposed Online price bidding cum reverse auction, techno
commercially acceptable bidders only shall be eligible to participate.
Bidders are requested to ensure that they have valid digital certificate
well in advance so as to confirm participation before the online price
bidding cum reverse auction.
3. KIOCL will engage the services of a service provider who will provide
all necessary training and assistance before commencement of on line
price bidding on Internet. Service provider shall also explain to the
bidders, all the rules related to the Online Price bidding cum Reverse
Auction / Business Rules.
4. Business rules like event date, time, bid decrement, extensions, etc. also
will be communicated through service provider.
5. Vendors have to fax / e-mail the compliance form in the prescribed
(provided by service provider) before start of Online price bidding.
Without this the vendor will not be eligible to participate in the event.
6. Online price bidding cum Reverse auction will be conducted on
schedule date & time.
7. At the end of Online price bidding cum reverse auction event, the
bidders who had participated in the event has to fax / e-mail the duly
signed filled-in prescribed format in their company letter head as
provided on case-to-case basis to KIOCL through service
provider within 24 hours of auction without fail.
21
B) Business Rule for finalization of the Online Price Bidding cum Reverse
Auction.
KIOCL has made arrangement with M/s. BOB Tech Solutions Pvt. Ltd who shall be
KIOCL‟s authorized service provider for the same. Please go through the
guidelines given below and submit your acceptance to the same along with your
Commercial Bid.
1. Online price bidding cum reverse auction shall be conducted by KIOCL,
on pre-specified date, while the vendors shall be quoting from their own
offices/ place of their choice. Internet connectivity shall have to be ensured
by vendors themselves. In extreme case of failure of Internet connectivity,
(due to any reason whatsoever may be) it is the bidders‟ responsibility /
decision to send fax communication immediately to M/s. BOB Tech
Solutions Pvt. Ltd furnishing the price the bidder wants to bid online with a
request to the service provider to upload the faxed price on line so that the
service provider will up load that price on line on behalf of the Bidder. It
shall be noted clearly that the concerned bidder communicating this price
to service provider has to solely ensure that the fax message is received by
the service provider in a readable / legible form and also the Bidder
should simultaneously check up with service provider about the clear
receipt of the price faxed. It shall also be clearly understood that the
bidder shall be at liberty to send such fax communications of prices to be
up loaded by the service provider only within the closure of Bid time and
under no circumstance it shall be allowed beyond the closure of Bid time /
reverse auction. It shall also be noted that the service provider should be
given a reasonable required time by the bidders, to upload such prices
online and if such required time is not available at the disposal of the
Service provider at the time of receipt of the fax message from the bidders,
the service provider will not be uploading the prices and either KIOCL or
the service provider are not responsible for this unforeseen circumstances.
In order to ward-off such contingent situation bidders are requested to
make all the necessary arrangements/ alternatives whatever required so
that they are able to circumvent such situation and still be able to
participate in the online price bidding cum reverse auction successfully.
Failure of power at the premises of vendors during the Online price
bidding cum Reverse auction cannot be the cause for not participating in
the Online bidding auction. On account of this, the time for the auction
cannot be extended and neither KIOCL nor M/s. BOB Tech Solutions Ltd. is
responsible for such eventualities.
2. The detailed process for online price bidding cum reverse auction is
explained below:
22
The online price bidding event will be conducted in three stages :-
STAGE -I : Online initial price bid
At scheduled time, the screen for On-line price bidding will be launched wherein
the techno-commercially qualified bidders will be allowed to submit their offers
through online.
During the Stage-I online initial price bidding, the bidders would be required to
quote price only on the basis of price terms indicated in their sealed price bid
submitted along with techno-commercial bid before.
STAGE –II : Start Bid Price
After the expiry of the time for submission of on-line initial price bids, the lowest
Price will be frozen by the system as the Start Bid Price (SBP) for Stage – III on
line bidding.
STAGE – III : Reverse Auction on Start Bid Price
a) In Stage III of the online competitive bidding, computer screen will
display Start Bid Price and which shall be visible to the all vendors
participated in the initial online price bid auction during the start of the
reverse Auction. You will be required to start bidding after
announcement of Start Bid Price and decrement amount. Also, please
note that the start price of an item in online reverse auction is open to all
the participated online bidders. Any bidder can start bidding, in the
online reverse auction, from the start price itself. If the start price is your
own price, you still need to bid in the online reverse auction. Also,
please note that the first online bid that comes in the system during the
online reverse auction can be equal to the auction's start price, or lesser
than the auction's start price by one decrement, or lesser than the
auction's start price by multiples of decrement. The second online bid
and onwards will have to be lesser than the L1 rate by one decrement
value, or lesser than the L1 rate by multiples of the decrement value.
b) Those vendors who have participated in the Initial online Price Bid
Auction, will only be eligible to participate in the subsequent
English Reverse Auction.
c) Online Initial Price Bid will be for 30 minutes and Online English
Reverse (no ties) Auction shall be for a period of one hour with a 30
minutes time difference between Initial Price Bid and RA. If a bidder
places a bid in the last 10 minutes of closing of the Reverse Auction and
if that bid gets accepted, then the auction‟s duration shall get extended
automatically for another 10 minutes, for the entire auction (i.e. for all the
items in the auction), from the time that bid comes in. Please note that
the auto-extension will take place only if a bid comes in those last 10
minutes and if that bid gets accepted. If the bid does not get accepted,
23
the auto-extension will not take place even if that bid might have come
in the last 10 minutes. In case, there is no bid in the last 10 minutes of
closing of Reverse Auction, the auction shall get closed automatically
without any extension. However, vendors are advised not to wait till the
last minute or last few seconds to enter their bid during the auto-
extension period to avoid complications related with internet
connectivity, network problems, system crash down, power failure, etc.
d) The bid decrement amount shall be specified by KIOCL before start of
bidding. The bidder can bid lower than the start bid price in reverse
auction by a bid decrement or multiple of Bid decrement.
e) Bidder will be able to view the following on your screen along with the
necessary fields in the English Reverse (no ties) {Reverse Auction}:
a. Leading Bid in the Auction (only total price)
b. Bid Placed by you
c. Your Own Rank
d. Start Bid Price & Bid Decrement value.
f) After the completion of English Reverse (no ties), the Closing Price (CP)
shall be available.
g) At the end of the Reverse Auction, Service Provider will evaluate all
the bids (final price) submitted and final price comparative
statement will be forwarded to KIOCL for further processing.
h) The bidders who have participated in the event, shall be required to
submit the final prices, quoted during the English Reverse (no ties) in Annexure-C Format after the completion of Auction to Service Provider /
KIOCL duly signed and stamped as token of acceptance without any new
condition other than those already agreed to before start of auction.
i) Bids once made by the bidders, cannot be cancelled / withdrawn.
j) During the Online English Reverse (No Ties) Auction, if no bid is received
in the auction system/website within the specified time duration of the
online price bidding cum reverse auction, then KIOCL, at its discretion,
may scrap the online price bidding cum reverse auction process and
open only sealed price bids of all technically and commercially
acceptable bidders submitted earlier along with techno-commercial
bids.
k) KIOCL shall be at liberty to cancel the reverse auction process / tender at
any time, before ordering, without assigning any reason.
3. Other terms and conditions shall be as per techno-commercial offers and
other correspondences till date.
24
4. KIOCL shall not have any liability to bidders for any interruption or delay
in access to the site irrespective of the cause.
5. Bidders are required to submit their acceptance to the terms and
conditions given above before participating in the reverse auction.
6. Our Service provider shall explain all the Rules related to the Online Price
Bidding cum Reverse Auction/ Business Rules Document to be adopted
along with bid manual. You are required to give your compliance on it
before start of bid process.
7. At the end of the reverse auction, bidder has to provide a detail price
break up for his lowest offer (if KIOCL insists the same) within 24 hours.
OTHER TERMS & CONDITIONS:
1. The Bidder shall not involve himself or any of his representatives in Price
manipulation of any kind directly or indirectly by communicating with
other parties / bidders.
2. The Bidder shall not divulge either his Bids or any other exclusive details of
KIOCL to any other party.
3. KIOCL‟s decision on award of Contract shall be final and binding on all the
Bidders.
4. Our Service Provider M/s. BOB Tech Solutions Pvt. Ltd shall not have any
liability to Bidders for any interruption or delay in access to the site
irrespective of the cause.
5. M/s. BOB Tech Solutions Pvt. Ltd is not responsible for any damages,
including damages that result from, but are not limited to negligence.
6. M/s BOB Tech Solutions Pvt. Ltd will not be held responsible for
consequential damages, including but not limited to systems problems,
inability to use the system, loss of electronic information etc.
Change in Business Rules, Terms & Conditions of Reverse Auction :
1) KIOCL reserves the right to modify / withdraw any of the Business rules,
Terms & conditions of online price bidding cum reverse Auction at any
point of time.
2) Modifications of Business rules, Terms & conditions of Reverse Auction will
be made available on website immediately.
3) Modifications made during the online price bidding and Reverse Auction
event will be advised to participating Bidders immediately.
25
ANNEXURE - B
Process Compliance Form
(The bidders are required to print this on their company’s letter head and
sign, stamp before faxing)
To
M/s BOB eProcure Solution Pvt. Ltd
#4, 100Ft Ring Road,
B.T.M 1ST stage, 1st Phase,
Bangalore - 560068
Sub: Agreement to the Process related Terms and Conditions for the Online
price bidding cum Reverse Auction
Dear Sir,
This has reference to the Terms & Conditions for the Online Price biding
cum Reverse Auction mentioned in the TENDER NOTICE NO: ADMN/BL –
CANTEEN/2018-19/B-25/1731, Dated: 05/11/2018
. Tender for Providing Canteen services in the Corporate Office premises at
KIOCL Limited, Koramangala II Block, Bangalore, Karnataka State – 560
034. This letter is to confirm that:
1. The undersigned is authorized representative of the company.
2. We have studied the Commercial Terms and the Business rules governing
the Online price bidding cum Reverse Auction as mentioned in your letter
and confirm our agreement to them.
3. We also confirm that we have a valid digital certificate which will be valid
for the subject tender whenever we sign on the bid submission.
4. We also confirm that we have taken the training on the auction tool and
have understood the functionality of the same thoroughly.
5. We also confirm that we will fax the price confirmation & break up of our
quoted price as per Annexure C & the price bid format in the tender
document.
6. We, hereby confirm that we will honour the Bids placed by us during the
auction process.
7. We hereby confirm that we have neither informed nor mentioned any price
in this form and also not attached any price bid along with this process
compliance form.
With regards
Signature with company seal
Name –
Company / Organization –
Designation within Company / Organization –
26
ANNEXURE – C
To Date :
M/s BOB eProcure Solution Pvt. Ltd
#4, 100Ft Ring Road,
B.T.M 1ST stage, 1st Phase,
Bangalore - 560068
Sub: Final price quoted during online price bidding cum reverse auction and
price break up for Providing Canteen services in the Corporate Office
premises at KIOCL Limited, Koramangala II Block, Bangalore, Karnataka
State- 560 034.
Ref: 1 TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731, Dated:
05/11/2018
2. e-Auction date. ……………………………
3. Our Offer No. dt.
Dear Sir,
We confirm that we have quoted our Final Prices during the Reverse Auction
conducted today and Final Price Break-up is as under:
Description
Total amount to per
unit rate considering
Base Value of
Rs. 134.91
As per Schedule of Items at Column (F)
Ref. Annexure-IV
…………%
Increase
(In words Rupees: …………………………………………………………………….)
Note: The unit rate shall be inclusive of all applicable taxes.
Thanking you and looking forward to the valuable order from KIOCL.
Yours sincerely,
For _________________
Signature and Name
Company Seal
27
CONTACT INFORMATION
M/s BOB eProcure Solution Pvt.
Ltd.
Address :
# 3/4, 3rd Floor, Maruthi Towers,
Madiwala, Bangalore - 560 068
M/s BOB eProcure Solution Pvt. Ltd.
Bangalore - 560068
Mrs. Marita Ravi : 080 49000213
E mail : marita.ravi@bobeprocure.com
Fax Nos : 080 49000211 / 42001251
KIOCL Limited,
Administration Department,
II Block,
Koramangala,
BANGALORE – 560 034
Karnataka State
Mr.N.S.Ravindranath
Assistant General Manager(Admn)
080-25531461 to 25531470
&
25535937 to 25535940 (Extn: 215)
Mobile:
+91 9663268900
28
Section – D
INTEGRITY PACT
THIS AGREEMENT is entered into between the following Parties: KIOCL Limited, IInd Block, Koramangala, Bangalore 560 034 hereinafter
referred to as “The Principal”,
and
Name & Address of the Party
……………………………………
…………………………………..
……………………………………
hereinafter referred to as “The Tenderer/ Contractor”
Preamble
The Principal intends to award a contract, following its laid-down organizational procedures, for Providing Canteen Services in the Corporate Office premises
at KIOCL Limited, Koramangala II Block, Bangalore Karnataka State – 560
034. The Principal values full compliance with all relevant laws and regulations
and the principles of economical use of resources and of fairness and
transparency in its relations with its Tenderer(s) and /or Contractor(s).
In order to achieve these goals, the Principal cooperates with the renowned
international Non-Governmental Organization, "Transparency International" (TI).
Following TI's national and international experience, the Principal will appoint an
Independent External Monitor (IEM) who will monitor the tender process and the
execution of the Contract for compliance with the principles mentioned below.
IT IS AGREED AS FOLLOWS:
Definitions:
a) “Principal” means KIOCL LIMITED, incorporated under the Companies Act
1956, having their registered office at Koramangala, Bangalore – 560 034 and
includes their successors.
b) “Tenderer” means the person, firm or company submitting a tender against
the Invitation to Tender and includes his/ its/ their staff, consultants, parent and
associate and subsidiary companies, agents, consortium and joint venture
partners, sub-contractors and suppliers, heirs, executors, administrators,
representatives, successors.
29
c) “Contractor” means the Tenderer whose tender has been accepted by the
principal or Company whose tender has been accepted and shall be deemed to
include his/ its/ their successors, representatives, heirs, executors and
administrators unless excluded by the Contract.
d) " Independent External Monitor" means a person, hereinafter referred to as
IEM, appointed, in accordance with clause 8.a below, to verify compliance with
this agreement.
e) "Party" means a signatory to this agreement.
f) “Contract” means the contract entered into between the Principal and
Tenderer/Contractor for the execution of work mentioned in the preamble
above.
Commitments of the Parties
Section 1 - Commitments of the Principal:-
The Principal commits itself to take all measures necessary to prevent corruption
(inducement to violate duty assigned to its employees) and to observe the
following principles;
i) No employee of the Principal, personally or through family members or any
third person, will in connection with all stages of tendering or the execution of
Contract, demand or take a promise, or accept, for him/herself or any third
person, any material or non-material benefit which he/she is not legally entitled
to;
ii) The Principal will, during the tender process, treat all Tenderers with equity
and reason. The Principal will in particular, before and during the tender
process, provide to all Tenderers the same information and will not provide to
any Tenderer any information/ clarification through which the Tenderer could
obtain an advantage in relation to the tender process or the Contract execution;
iii) The Principal will not take, directly or indirectly, any steps, which could
unduly influence the functioning of IEM.
iv) If the Principal obtains information on the conduct of any of its employees
which is a criminal offence under the relevant Anti-corruption Laws of India/
guidelines of Govt. / guidelines of CVC/ guidelines of Principal, or if there be a
substantive suspicion in this regard, the Principal will inform its Vigilance Office
and in addition can initiate disciplinary actions.
v) If the Principal obtains information of conduct of a bidder, contractor or sub-
contractor or of an employee or a representative or an associate of a bidder,
contractor or sub-contractor, which constitutes corruption, or if the Principal has a
substantive suspicion in this regard, the Principal will inform the Vigilance
Department of the principal.
30
Section 2 - Commitments of the Tenderer(s)/Contractor(s):-
2.1 The Tenderer /Contractor commits himself to take all measures necessary to
prevent corruption. He commits himself to observe the following principles
during his participation in the tender process and during the Contract execution;
i) The Tenderer / Contractor will not directly or through any other person(s) or
firm, offer, promise or give to the Principal, or to any of the Principal‟s employees
involved in the tender process or the execution of the Contract or to any third
person any material or immaterial benefit which he / she is not legally entitled to
in order to obtain, in exchange, an advantage during the tender process or to
vitiate the Principal‟s tender process or the execution of the Contract.
ii) The Tenderer / Contractor will not enter with other Tenderers into any illegal
agreement or understanding, whether formal or informal. This applies in
particular to prices, specifications, certifications, subsidiary contracts,
submission or non-submission of bids or actions to restrict competitiveness or to
vitiate the Principal‟s tender process or the execution of the Contract.
iii) The Tenderer / Contractor will not commit any criminal offence under the
relevant Anti-corruption Laws of India; further, the Tenderer / Contractor will not
use improperly, for purposes of competition or personal gain, or pass on to
others, any information provided by the Principal as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained or transmitted electronically.
iv) The Tenderer / Contractor of foreign origin shall disclose the name and
address of the agents/representatives in India, if any. Similarly, the Tenderer /
Contractor of Indian Nationality shall furnish the name and address of the foreign
principals, if any.
v) The Tenderer / Contractor will, when presenting his bid, disclose any and all
payments he has made, is committed to or intends to make to agents, brokers or
any other intermediaries in connection with the award of the Contract.
vi) The Tenderer/ Contractor will not take, directly or indirectly, any steps, which
could unduly influence the functioning of IEM.
vii) The Tenderer / Contractor will not instigate third persons to commit offences
outlined above or be an accessory to such offences.
2.2 Obligation to Ensure Compliance
a). Each Party will take all reasonable steps to ensure that the provisions of this
agreement which are binding on it are complied with by all of its staff,
31
consultants, parent and associated and subsidiary companies, agents, consortium
and joint venture partners, sub-contractors and suppliers.
b). Each Party will appoint an appropriate senior manager with responsibility for
ensuring that the provisions of this agreement are complied with.
Section 3 - Disqualification from tender process and exclusion from
future contracts
a). If the Tenderer, before award of Contract, has committed a transgression through violation of any of the terms under section 2 above or in any other form
such as to put his reliability or credibility as Tenderer into question, the Principal
is entitled to disqualify the Tenderer from the tender process or to terminate the
Contract, if already signed, for such reason.
b). If the Tenderer / Contractor has committed a transgression through a violation of any of the terms under section 2 above or in any other form such as to put his
reliability or credibility into question, the Principal is entitled also to exclude the
Tenderer / Contractor from future Contract award processes. The imposition and
duration of the exclusion will be determined by the severity of the transgression.
The severity will be determined by the circumstances of the case, in particular
the number of transgressions, the position of the transgressors within the
company hierarchy of the Tenderer /Contractor and the amount of the damage.
The exclusion will be imposed for a minimum of six (6) months and a maximum of
three (3) years.
c). If the Tenderer / Contractor can prove that he has restored/ recouped the
damage caused by him and has installed a suitable corruption prevention system,
the Principal may revoke the exclusion before the expiry of the period of such
exclusion.
d). A transgression is considered to have occurred if, in light of all available
evidence, a reasonable doubt is possible.
Section 4 - Compensation for Damages
a). If the Principal has disqualified the Tenderer from the tender process prior to the award according to Section 3 above, the Earnest Money Deposit (EMD)
furnished, if any, along with the offer as per the terms of the Invitation to Tender
(ITT) shall be forfeited. This is apart from the disqualification of the Tenderer as may be imposed by the Principal as brought out at section 3 above.
b). If the Principal has terminated the Contract according to Section 3 above, or if
the Principal is entitled to terminate the Contract according to section 3 above,
the EMD/Security Deposit furnished by the contractor, if any, as per the terms of
the ITT/Contract shall be forfeited. This is apart from the disqualification of the
Tenderer, as may be imposed by the Principal, as brought out at section 3
above.
32
Section 5 - Previous Transgression
a) The Tenderer hereby declares that no previous transgressions with respect to
provisions of Integrity pact occurred in the last three (3) years with any other
Company in any country or with any other Public Sector Enterprise in India and,
as such, there is no case for his exclusion from the tender process.
b) The Tenderer hereby agrees that if he has made/makes incorrect statement in
regard to this aspect, he can be disqualified from the tender process or the
Contract, if already awarded, can be terminated for that reason.
Section 6 - Equal treatment of all Tenderers/Contractors/ Sub-contractors
a) The Tenderer / Contractor undertakes to obtain from all sub-contractors a
commitment consistent with this integrity pact, and to submit it to the Principal at
the time of seeking approval of the principal for appointment of sub-contractors.
b) The principal will enter into agreements with identical conditions as that of this
Integrity Pact, with all Tenderers / Contractors
c) It is essential for all tenderers / contractors to sign the Integrity Pact with the
company if the value of the transaction is more than 30 lakhs. The principal will
disqualify from the tender process all tenderers/ contractors who do not sign this
Pact or violate its provisions.
Section7 - Breaches of this Agreement
a) In the event that any Party believes that there is prima facie evidence that there
has been a failure by a Party to comply with any provision of this agreement, such
Party will take the following actions:
i) It will report full details of such suspected non-compliance to the IEM and CVO
with copies to the Chief Executives of each of the Parties.
ii) If any such non-compliance has been carried out, or assisted by an individual
who is a member of a professional association, and such non-compliance may
constitute a breach of any disciplinary code of such professional association, such
Party may report such matter to the professional association.
b) If such non-compliance may constitute a criminal offence, either in the country
in which the Contract is being carried out, or in the home country of the
organization or individual which carried out or assisted such non-compliance,
such Party may report such matter to the appropriate criminal authorities in those
territories.
c) In the event that any Party breaches any provision of this agreement, the other
Parties may, in addition to the rights under this agreement, claim damages
against the defaulting Party, and exercise any other rights they may have against
the defaulting Party.
33
d) The Parties will take appropriate disciplinary or enforcement action against
any of their staff, consultants, parent and associated and subsidiary companies,
agents, consortium and joint venture partners, sub-contractors and suppliers who
cause or assist in any breach of any provision of this agreement.
Section 8 - Independent External Monitor/Monitors (IEM)
a). The Principal, will appoint a competent and credible IEM/Number
of IEMs for the duration of this agreement from the panel of IEMs appointed in
consultation with the Central Vigilance Commission (CVC).
b). The IEM will assess, on an independent and objective basis, the extent to
which the Parties comply with their obligations under this agreement.
c). The Parties will, after submission of a tender; after the award of any contract to
them and for the duration of the contract:
i) Allow the IEM unrestricted access to all books, records and staff relevant
to such tender;
ii) Ensure that the IEM has unrestricted access to the relevant books,
records and staff of their consultants, parent and associated and subsidiary
companies, agents, consortium and joint venture partners, sub-contractors
and suppliers.
d). In the event that the IEM believes that there is prima facie evidence that there
is a violation of this agreement, the IEM will report the same to CEO of the
Principal.
e). Upon receipt of a report from the IEM, CEO of the Principal and the Board will
discuss and try to agree upon the appropriate action to be taken in line with sections 3,4 & 5 above to deal with such violation.
f). The IEM has no power to inquire any of the Parties to undertake any
actions. No statement by the IEM, whether oral or in writing, is binding on any of
the parties. Any Party in legal or dispute resolution proceedings can use all
reports and other documentation issued by the IEM. The IEM can be called as a
witness in legal or dispute resolution proceedings. g). Fee and /or any other incidentals including traveling/conveyance expenses,
if any, payable to IEM shall be borne by the Principal.
h). The IEM can only be removed from his appointment, if:
1. All parties agree in writing to remove him: or
2. He resigns: or
3. He is removed from his office by order of a Court having
appropriate jurisdiction.
i) On completion of the term by the IEM or if the IEM is removed from his
appointment or in case of death of IEM (whichever is earlier), the Principal will appoint another IEM as per section 8.a) above for the remaining
duration of this agreement.
34
Section 9 - Duration of Agreement
a). This agreement comes into force as soon as it has been signed by all the
Parties have signed it. It cannot be terminated or varied except by the written
agreement of all the Parties.
b). This agreement will expire after 12 months from the date of last payment
under the respective Contract for the Contractor, and for all other Tenderers 6
months after the award of the Contract.
Section 10 - Other Provisions
a). The Principal will disqualify from the tender process all Tenderers who do not
sign this Pact or violate its provisions.
b). Should any occasion arise entailing IEM to undertake any investigation under
the provisions of this agreement, the venue for such investigation shall generally
be at KIOCL Corporate Office, Koramangala, Bangalore –560 034.
c). This agreement is subject to Indian law. Place of performance and jurisdiction
is the corporate office of the Principal. In case of any dispute, the courts at
Bangalore only shall have jurisdiction.
d). Changes and supplements as well as termination notices need to be made in
writing. Side agreements have not been made.
e). Addresses along with other relevant details of the Chief Executives of the
Parties are as given under;
1. Principal:
Chairman-cum-Managing-Director,
KIOCL Limited
II–Block,Koramangala,
BANGALORE – 560 034 INDIA.
Tel : 080-25531322(O)
: 080-25531272(O)
Fax : 080-25521584(O)
2. Tenderer / Contractor
……………………………………………..
…………………………………………….
…………………………………………….
Tel:
Mobile:
Email:
Fax:
35
……………………………………………..
f). Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In that case the parties will strive to
come to an agreement to their original intentions.
g). If the contractor is a partnership or consortium, all partners or consortium
members must sign this agreement.
-----------------------------------------------------------------------------------------
For the Principal For the Tenderer/ Contractor
Place…………………..
Place…………………..
Date ………………….. Date …………………..
Witness 1: …………………………… Witness 1: ………………………………..
(Name & address) (Name & address)
Witness 2: ………………………….. Witness 2: ……………………………...
(Name & address) (Name & address)
36
ANNEXURE – I
TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
Sub: Providing Canteen services in the Corporate Office premises at KIOCL Limited,
Koramangala II Block, Bangalore, Karnataka State – 560 034.
WAGE SLIP
FORM XIX
[Rule 78(1)(b)]
Name and address of contractor
………………………………..
………………………………..
Name and Father‟s/Husband‟s Name
of the workman……………………….
……………………………………….
Nature and location of work
…………………………………
………………………………..
For the week/Fortnight/Month ending
……………………………………..
………………………………………
1. No. of days worked
2. No. of units worked in case of
piece-rate workers
3. Rate of daily wages/piece-rate
4. Amount of overtime wages
5. Gross wages payable
6. Deductions, if any:
PF :………………………….
ESI:…………………………
Canteen:…………………….
Total
7. Net amount of wages paid
37
ANNEXURE – II
TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
Sub: Providing Canteen services in the Corporate Office premises at KIOCL Limited,
Koramangala II Block, Bangalore, Karnataka State – 560 034.
DAYWISE SCHEDULE OF MENU
A. BREAKFAST
Sl.No. DAY MENU FOR BREAKFAST
1. Mondays RAVA IDLI, POORI - SAGOO & CHATNI
2. Tuesdays IDLI-BONDA-SAMBAR & CHATNI
3. Wednesdays PONGAL-RAITHA & MASALA VADA-CHATNI
4. Thursdays VEG. UPMA & BICIBELE/RICE BATH &
GREEN/TOMOTO CHATNI
5. Fridays IDLI-VADA-SAMABAR & CHATNI
6. Saturdays MASALA DOSA – SAMBAR & CHATNI
B. COFFEE/TEA
C. LUNCH
PLATE MEALS CONSISTING OF
a) RICE
b) SAMBAR
c) RASAM
d) PALYA/SAGOO
e) CURDS
f) CHAPATI (2 NOS.) (or) RAGI BALL (1 NO.)
g) PICKLE
h) PAPAD
Note: Chapathi and Ragi Ball both should be available.
38
ANNEXURE – III
TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
Sub: Providing Canteen services in the Corporate Office premises at KIOCL Limited,
Koramangala II Block, Bangalore, Karnataka State – 560 034.
CANTEEN TIMINGS
DAYS BREAK FAST TEA /
COFFEE
LUNCH TEA /
COFFEE
Monday Employees
08.30 AM to
09.00 AM
Contract
Labours
09.00 AM to
09.30 AM
At 10.30 AM
Employees
01.00 PM to
01.30 PM
Contract
Labours
01.30 PM to
02.00PM
At 03.00 PM
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday HOLIDAY
39
ANNEXURE – IV
TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
Sub: Providing Canteen services in the Corporate Office premises at KIOCL Limited,
Koramangala II Block, Bangalore, Karnataka State – 560 034.
SCHEDULE OF ITEMS
Please Quote your rate inclusive of all Taxes
Sl.
No. ITEM
Quantity
To be
Served
Pre
bid
price
Rs.
Rate to be quoted by the
tenderer in % increase
against col (D). Only one
figure to be Indicated in
the percentage both in
figure and words.
Total amount to
be indicated on
%age increase
to the Base
Value of Rs.
134.91
(Rupees)
(A) (B) ( C ) (D) (E) (F)
1. IDLY (2 Nos.) WITH
CHATNI & SAMBAR
50 GMS
EACH
QUOTED
__________%
INCREASE
2. VADA (1 No.) WITH
CHATNI & SAMBAR
50 GMS
3. POORI (2 NOS.) WITH
SAGOO & CHATNI
60 GMS Q
4. MASALA DOSA (1 NO.)
WITH SAMBAR & CHATNI.
125 GMS
5. PONGAL (1 PLATE) WITH
RAITHA
100 GMS U
6. VEG.UPMA WITH CHATNI 130 GMS
7. BONDA WITH SAMBAR 75 GMS O
8. RAVA IDLI (1 NO.) WITH
SAGOO & CHATNI.
100 GMS
9. MASALA VADA WITH
CHATNI
50 GMS
10 COFFEE/TEA 135 ML T
10. PLATE MEALS CONSISTING OF
a) RICE 350 GMS E
b) SAMBAR 220 ML
c) RASAM 100 ML D
d) PALYA/SAGOO 100 GMS
e) CURDS 75 ML
f) CHAPATI (2 NOS.)
(or)
RAGI BALL ( 1 No)
75 GMS
250 GMS
g) PICKLE 5 GMS
h) PAPAD 1 NOS.
TOTAL Base
Price
134.91 % increase over the Base
Price
40
NOTE :
1) The unit rate shall be inclusive all applicable taxes.
2) Please note that no corrections and overwriting is permitted, which will
amount to disqualification. If there is a difference between figure and
words, words will be taken as the correct figure.
3) Base Price per unit rate is Rs. 134.91 (Rupees One hundred thirty four and
ninety one paise only)
4) Chapathi and Ragi Ball both should be available.
Date : Signature of the contractor with seal
41
ANNEXURE – V
TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018
Sub: Providing Canteen services in the Corporate Office premises at KIOCL Limited,
Koramangala II Block, Bangalore, Karnataka State – 560 034.
PRICE BID
Please Quote your rate inclusive of all Taxes
Sl.
No. ITEM
Quantity
To be
Served
Pre
bid
price
Rs.
Rate to be quoted by the
tenderer in % increase
against col (D). Only
one figure to be
Indicated in the
percentage both in
figure and words.
Total amount
to be
indicated on
% age
increase to
the Base
Value of
Rs. 134.91
(A) (B) ( C ) (D) (E) (F)
1. IDLY (2 Nos.) WITH CHATNI &
SAMBAR
50 GMS
EACH
9.67
__________%
INCREASE
2. VADA (1 No.) WITH CHATNI &
SAMBAR
50 GMS 9.67
3. POORI (2 NOS.) WITH SAGOO &
CHATNI
60 GMS 11.52
4. MASALA DOSA /ONION DOSA(1
NO.) WITH SAMBAR & CHATNI.
125 GMS 14.39
5. PONGAL (1 PLATE) WITH RAITHA 100 GMS 9.67
6. VEG.UPMA WITH CHATNI 130 GMS 9.67
7. BONDA WITH SAMBAR 75 GMS 9.67
8. RAVA IDLI (1 NO.) WITH SAGOO
& CHATNI.
100 GMS 9.67
9. MASALA VADA WITH CHATNI 50 GMS 9.67
10. COFFEE/TEA 135 ML 7.67
PLATE MEALS CONSISTING OF
33.63
a) RICE 350 GMS
b) SAMBAR 220 ML
c) RASAM 100 ML
d) PALYA/SAGOO 100 GMS
e) CURDS 75 ML
f) CHAPATI (2 NOS.)
(or)
RAGI BALL ( 1 No)
75 GMS
250 GMS
g) PICKLE 5 GMS
h) PAPAD 1 NOS.
TOTAL Base
Price
134.91 % increase over the Base
Price
42
NOTE :
1) The unit rate shall be inclusive all applicable taxes.
2) Please note that no corrections and overwriting is permitted, which will
amount to disqualification. If there is a difference between figure and
words, words will be taken as the correct figure.
3) Base Price per unit rate is Rs. 134.91 (Rupees One hundred thirty four and
ninety one paise only)
4) Chapathi and Ragi Ball both should be available.
Date : Signature of the contractor with seal
Recommended