EMPANELMENT OF ENROLMENT AGENCIES FOR UID ENROLMENT …mpplanningcommission.gov.in/tender_doc/RFQ for Empanelment of EA… · EMPANELMENT OF ENROLMENT AGENCIES FOR UID ENROLMENT IN

June @013

EMPANELMENT OF ENROLMENT AGENCIES

FOR UID ENROLMENT IN THE STATE OF

MADHYA PRADESH

Request for Quotation (RFQ) (No./UID/SPC/2013/990 Dated 2nd July 2013)

July 2013

State Planning Commission

Madhya Pradesh

UID Project, State Planning Commission, Madhya Pradesh

________________________________________________________________

Request for Quotation (RFQ) for Empanelment of Enrolment Agencies_July 2013 Page 2 of 63

This page is intentionally left blank


________________________________________________________________


TABLE OF CONTENTS

S.NO PARTICULARS PAGE NO

1 INVITATION FOR QUOTATION 5

1.1 DEFINITIONS 7

2 INTRODUCTION 9

3 SCHEME FOR ALLOCATION OF DISTRICTS TO ENROLMENT AGENCIES 10

4 ELIGIBILITY CRITERIA 10

5 MANDATORY LIST OF DOCUMENTS TO BE SUBMITTED 11

6 SCOPE OF WORK 11

7 INSTRUCTIOS TO THE BIDDERS 13

8 FEES, EAERNEST MONEY DEPOSIT & BANK GURANTEE 15

9 DISQUALIFICATIONS 17

10 TERMINATION OR CESSATION OF WORK AWARDED/CONTRACT 17

11 AWARD OF WORK 18

12 PERFORMANCE ASSESMENT AND PANALTY CLAUSES 20

13 GENERAL TERMS AND CONDITIONS 21

14 IMPORTANT EVENTS AND INFPORMATION FOR THE BIDDERS –

DATA SHEET 24

15 ANNEXURE I - FINANCIAL BID COVERING LETTER 25

16 ANNEXURE II - APPLICATION FORMAT 27

17 ANNEXURE III - FINANCIAL BID FORMAT 28

18 ANNEXURE IV - SCHEDULE DETAILS 29

19 ANNEXURE V - STANDARD CONTRACT 33


________________________________________________________________


This page is intentionally left blank


________________________________________________________________


1. INVITATION FOR QUOTATIONS

To, Dated: July, 2013

1. State Planning Commission, M.P. (SPC) invites Financial Bids for carrying out the

enrolment functions for the Phase II of UID project in Madhya Pradesh. Detailed

scope of the assignment/ job has been described in the Scope of Work in Section 6 of

this RFQ.

2. This RFQ is extended only to the Enrolling Agencies empanelled with UIDAI for

capturing the Demographic and Biometric data collection of Residents in the State

of Madhya Pradesh. The SPC/ State Registrar shall award work to EAs, in accordance

with the method specified in Section 11 of this RFQ.

3. All the provisions, requirements, terms & conditions of UIDAI, for empanelment of

enrolment agency, shall be binding upon the participating bidders of this RFQ.

4. The Request for Quotation (RFQ) includes the following sections:

a. Invitation to Bid

b. Instruction to Bidders

c. Scheme For Allocation of Districts To Enrolment Agencies

d. Scope of Work

e. Award of Work

f. Performance assessment and penalty clauses

g. Cover Letter and Application Form

h. Financial Bid Form

i. Annexure including Standard Contract

5. The date, time and address for submission of the bid have been given in Data Sheet.

The “Request for Quotation” is available on the State Planning Commissions

http://www.mpplanningcommission.gov.in and UIDAI website www.uidai.gov.in.

6. The bid document can be downloaded from above, however the bidder is required

to submit a bid document fees of Rs 5000/- (Rs Five thousands only), by way of

Demand Draft, drawn in favor of Member Secretary, State Planning Commission,

http://www.mpplanningcommission.gov.in/

http://www.uidai.gov.in/


________________________________________________________________


payable at Bhopal along with the bid application. Applications without document

fees would not be considered.

7. The Financial Bid is consists of 7 Schedules. A bidder can quote for one or more than

one schedule. Separate bid shall be submitted for each schedule.

8. State Planning Commission, M.P. reserves the right to reject any or all the Bids in

whole or part at any time prior to empanelment without, thereby, incurring any

liability to the affected Bidder(s) or any obligation to inform the affected Bidder (s)

of the ground for such decision.

9. At any time prior to the deadline for submission of proposal, State Planning

Commission may for any reason, modify the RFQ. The modifications will be notified

on Planning Commissions website and such amendments shall be binding on the

applicants.

10. This “Invitation to Bid” is non-transferable under any circumstances.

11. Address for Submission of bid and Communication:

Mr Rakesh Munshi, Advisor, State Planning Commission and Project Coordinator (UID) Vindhyachal Bhavan, First Floor, Bhopal-462004 (M.P.) Phone No.- (O) 0755-2559944

(M) +91 9926767686 Email: [email protected]


________________________________________________________________


1.1. Definitions and Acronyms

1. AADHAAR – Brand name associated with UIDAI

2. Active Station – The enrolment station which is regularly synchronized with CIDR and is recording enrolments on a day to day basis.

3. Bidder means any entity that may provide or provides the services to the Purchaser/State Registrar under the contract.

4. Bid means the Financial Proposal consisting of quotes for one/ more than one schedules.

5. Biometric Data – refers to the facial image, iris scan and fingerprints collected by the Enrolment Agency from the enrollees based on the standards prescribed by the UIDAI and by following the process laid down for the purpose.

6. CIDR - Central Identities Data Repository

7. CSC – Common Service Centres operating as franchisees of Service Center Agency (SCA) within a State, as part of the CSC Scheme of the National E-Governance Plan of India.

8. DDSVP – Demographic Data Standards and Verification Procedure.

9. De-duplication – the process of using the Demographic and Biometric data collected from an enrolee to check against data so as to avoid duplicate enrolments.

10. Demographic Data – refers to the personal information collected or verified by the Enrolling Agency based on the data fields prescribed by the UIDAI and by following the process laid down for the purpose. The data collected is passed on to the UIDAI as per the process prescribed.

11. Enhancement / Upgradation – refers to request for upgradation of Technical & Financial status of existing empanelled Agencies based on their technical and financial capacities.

12. EA- Enrolling Agency/ Enrolment Agency; the Agency appointed by the Registrar for collection of the Demographic and Biometric data in the area assigned by the Registrar.

13. Enrolment – refers to the exercise of collection of demographic data after verification, collection of biometrics, and the allocation of the UID number after de-duplication.

14. Enrolment Centre – refers to the premises located in the area where the enrolment is being carried out. One Enrolment Centre can host multiple Enrolment Stations.

15. Enrolment Station – refers to an individual enrolment machine, booth/enclosure inside the Enrolment Centre. The capture of Demographic and Biometric data is done in this Station.

16. GoI – Government of India

17. IEC – Information, Education and Communication


________________________________________________________________


18. KYC – Know Your Customer.

19. KYR – Know Your Resident.

20. Manual – Resident Enrolment Process Document

21. MoU – Memorandum of Understanding.

22. NGO – Non Government Organization.

23. Operator – the person employed by the Enrolment Agency and engaged in the capture of Demographic and Biometric Data.

24. Purchaser - In this project, the Purchaser is the Principal Revenue Commissioner, State Registrar appointed by the State Planning Commission.

25. Scope of Work (SoW) - the section in this doc that explain the objectives, activities, tasks to be performed by bidder as a part of this assignment.

26. PoA – Proof of Address.

27. PoI – Proof of Identity.

28. PEC- Permanent Enrolment Centres. These are the centres, which would serve as touch points, where residents who have missed out on enrolment earlier can enroll and also for other residents to update their demographic and biometric data. These centre will be called as ‘Aadhaar Kendras’. Details can be referred in ‘Policy on Permanent Centre Model’ at UIDAI website.

29. Registrar – Any Organization / Department/Local Body / Corporate Body / NGO with whom the UIDAI has entered into a Memorandum of Understanding for covering issues related to the implementation of the UID Project.

30. Resident – Normal resident of India.

31. RFE – Request for Empanelment.

32. RFQ – Request for Quotation.

33. Schedule – The group of districts identified as a unit to invite financial bids

34. SPC – State Planning Commission, Madhya Pradesh

35. State Government – Govt of MP or State Nodal Dept on behalf of Govt of MP

36. State Registrar - Any State Govt Organization / Department nominated by the Government of MP and with whom the UIDAI has entered into a Memorandum of Understanding as a registrar.

37. Successful Enrolment – Enrolment that results in Aadhaar number generation

38. Supervisor – the person employed by the Enrolment Agency and engaged in managing the Enrolment Center Operations and handling exceptions.

39. UID – Unique Identification.

40. UIDAI – Unique Identification Authority of India.


________________________________________________________________


2. INTRODUCTION

2.1. About UID Project

The Government of India (GoI) has embarked upon an ambitious initiative to provide a Unique Identification (UID) to every resident of India and has constituted the Unique Identification Authority of India (UIDAI) for this purpose. The timing of this initiative coincides with the increased focus of the GoI on social inclusion and development through massive investments in various social sector programs, and transformation in public services delivery through e-Governance programs. The UID has been envisioned as a means for residents to easily and effectively establish their identity, to any agency, anywhere in the country, without having to repeatedly produce identity documentation to agencies. More details on the UIDAI and the strategy can be referred on the website: http://www.uidai.gov.in

The widespread implementation of the UID project needs the reach and flexibility to enroll residents across the country. To achieve this, the UIDAI proposes to partner with a variety of agencies and service providers (acting as Registrars, Sub-registrars and Enrolling Agencies) to enroll residents for UID. By participating in enrolling residents, registrars and enrolment agencies across the country would be part of a truly historic exercise, one which can make our welfare systems far more accessible and inclusive of the poor, and also permanently transform service delivery in India.

In this context, the Registrar/s shall engage enrolment agencies empanelled by the Nodal Dept. for carrying out the various functions and activities related to UID enrolment such as setting up of enrolment centers, undertaking collection of demographic and biometric data for UID enrollment and any other data required by the Registrar for the effective implementation of their projects. This Request for Quotation document is intended to invite bids from only those agencies which are empanelled with UIDAI for undertaking demographic and biometric data collection for enrolment of residents.

2.2 About Enrolment Coverage in Madhya Pradesh

Madhya Pradesh Has a population of 726 lakhs as per census 2011, As per UID mandate every resident in the state is to be enrolled for Aadhaar, so far around 260 lakhs Aadhaar Numbers have been generated in the State, District wise details can be referred at Annexure-IV. The State Government now envisages completion of enrolment of the remaining residents by 30 June, 2014.

State Planning Commission, M.P. is the Nodal Agency for the implementation of the project in the state. Various government departments/undertaking organizations shall be the state registrars and various Banks, NSDL etc are the non state registrars in their respective districts. Details about the UID project in Madhya Pradesh can be obtained from the UIDAI portal : www.uidai.gov.in




________________________________________________________________


3. SCHEME FOR ALLOCATION OF DISTRICTS TO ENROLMENT AGENCIES

The entire districts of states are segregated into 7 schedules on the basis of existing enrolment coverage of their population. The groups of district consisting schedules and their respective enrolment coverage are listed at Annexure-IV.

3.1. Though the schedules include all 50 districts of MP, 2 districts namely Balaghat and Narsinghpur are allocated in response to the bid received for the RFQ issued in September 2012. In the presents RFQ the above referred 2 districts shall not be considered for allocation to EA’s. However if the respective EA assigned for carrying out enrolment in these 2 districts fails to perform in one or more of the allotted districts, the work order for that particular district to the concerned EA can be revoked and the district will be declared open to consider for allotment under the present RFQ.

3.2. The scheme of allocation aims to allocate schedule/ district (s) to the enrolment agencies, with lowest quote/ willing to match the lowest quote for that schedule, on the basis of their capability to set up required number of stations and enrolment/ supervisory staff to adequately take up enrolment functions for remaining population to be enrolled in a particular district of that particular schedule. The process of evaluation for allocation of schedule/ districts in that particular schedule to qualified EA’s is given in Section 11 of this RFQ.

3.3. In case, any of the EA fails to set up the required numbers of enrolment stations in the given time line, State Planning Commission, M.P. may invoke the bank guarantee and can partially/fully withdraw the allocated district (s). Such district (s) can be allocated to other EA(s), which are willing and capable of deploying required station in that particular district at the same rate.

4. ELIGIBILITY CRITERIA

The eligible bidder would be

4.1. An Enrolment Agency/ consortium have a live empanelment with UIDAI, at the time of submission of bid, for carrying out enrolment work. The agencies applied for empanelment under recent empanelment invitation published on UIDAI site (last date 21st June, 2013) can also participate in this process, however the issuance of Letter of Intent shall be subject to its successful empanelment with UIDAI.

4.2. Should have an active enrolment code for carrying out enrolment work under UIDAI enrolment framework.

4.3. Only those consortiums which have been empanelled/ applied for empanelment (as para 4.1 above) with UIDAI as an enrolment consortium are eligible to submit a bid. In a consortium bid, the lead agency empanelled by UIDAI shall be the lead member of the consortium and shall be responsible and liable to the Purchaser for all aspects of their bid, contract, etc.


________________________________________________________________


5. MANDATORY LIST OF DOCUMENTS TO BE SUBMITTED

5.1 Covering letter in Annexure-1 of this RFQ signed by the Director/Authorized Personnel of the bidder (prime agency in case the empanelled agency is a consortium).

5.2 Application Form, along with required enclosures/ proof of eligibility, as prescribed as Annexure -2.

5.3 Applications which do not contain the above mandatory documents shall be rejected for non-compliance of RFQ requirements without any further opportunity.

6. SCOPE OF WORK

The scope of work envisaged for this RFQ for the Enrolling Agency (EA) includes the following:

6.1. Set up enrolment infrastructure and human power as per UIDAI specifications; Upgrade to latest requirements as per process/technology notified by UIDAI on time to time. This include, but is not limited to,

6.1.1. Hardware, software including biometric devices and other prescribed accessories and infrastructure;

6.1.2. Hire & Train Manpower for Enrolment; supervise the enrolment process at the field level to ensure that the enrolments are in accordance with prescribed processes and guidelines of UIDAI

6.1.3. Enroll Operator/Supervisors; Certify, Register and Activate them at UIDAI

6.1.4. Software Installation, Configuration and Registration

6.1.5. Setting up of Enrolment Centres (EC) and Enrolment Stations (ES)

6.1.6. Set up a Help Desk at Enrolment Centre for Crowd Management and addressing Resident Grievances

6.1.7. Help Create Awareness and support in IEC.

6.1.8. Capture Demographic and Biometric Data using UIDAI enrolment client

6.1.9. Enrolment Data Transfer to UIDAI as per prescribed standards, procedure and timeline. Ensuring Data Privacy and Security

6.1.10. Maintaning MIS and provide time to time report.

6.1.11. Document Management as per UIDAI guidelines – Note that Scanning of resident documents during enrolment will be made mandatory from 1 Oct 2013. However, the enrolment agencies, awarded work under this RFQ, shall not be paid any additional amount for scanned documents by the registrar. The enrolment agencies may factor the cost of scanning/photocopy while quoting financial bid.

6.2. The number and location of enrolment stations/ centers to be set up shall be


________________________________________________________________


decided by the Registrar taking into account a number of factors like population density, geographical and topographical features, accessibility and priority enrolment for the beneficiaries of various schemes under DBT etc. The Annexure-IV of this document provides details of the population of district included in various Schedules and numbers of enrolment stations that would be required to setup to cover the remaining population of these districts by the intended timeline; 30 June 2014.

6.3. The enrolment agencies are expected to setup stationary and mobile enrolment stations to be available for enrolment operation. The exact location and catchment area of the stationary stations shall be decided by the State Registrar in consultation with the Enrolment agency.

6.4. A stationary enrolment station in this context would mean an enrolment station that shall be available at a particular location and address for a period more than 10 days to complete enrolment of the population in the catchment area assigned. The Registrar may decide to provide the facilities to house the stationary enrolment station at these locations. A mobile enrolment station in this context would mean an enrolment station housed in a mobile vehicle with facilities as defined in this section and shall move around in the catchment area (locality) assigned until the enrolment of the target population in the locality is completed.

6.5. Setting up of required number of ESs in the allocated district(s) of the particular schedule is a basic requirement of this RFQ. Failure to set up desired numbers of ES shall be considered as lack of performance and may lead to cancellation of the contract and subsequent invocation of bank guarantee.

6.6. Enrolment Centers can be opened ONLY after prior approval of the State Registrar after updating all requisite details about the center in the UIDAI portal. Any center not following the above directive shall be deemed to be an illegal center and necessary action shall be taken against the concerned Enrolment Agency.

6.7. Though the EA allotted a particular district / part of district, under this empanelment process, shall be allowed to cover the district by establishing EC’s as stated above, however the PEC established as per UIDAI guidelines/ EC enrolling under a Non State Registrar will be allowed to carry on enrolment work within the prescribed distance limit as per UIDAI norms, with written permission of State Nodal Department (State Planning Commission, Madhya Pradesh).

6.8. The UIDAI prescribed service levels for quality and norms of enrolment shall be applicable for the entire duration of the project. In case of serious errors, the State Government/ UIDAI may file criminal cases against the concerned operator and supervisor in case there are primary evidences of an attempt to fraud.

6.9. To understand the complete scope of work of an Enrolment Agency, refer the latest versions of the following documents available in the “Process Manuals and Guidelines” section on UIDAI website http://www.uidai.gov.in/registrar-link-2.html:

http://www.uidai.gov.in/registrar-link-2.html


________________________________________________________________


6.9.1. EA’s roles and responsibilities – for activities that an EA needs to undertake during the Aadhaar Enrolment Program.

6.9.2. Checklist for Setting up Enrolment Centre – for hardware and software requirements and specifications at enrolment centre and station level that the EA needs to arrange/procure. Note that GPS and scanning of documents will be made mandatory by UIDAI.

6.9.3. For Hiring and Training of Manpower, refer following documents:

a. Operator roles and responsibilities – for Operator hiring

b. Supervisor roles and responsibilities - for Supervisor hiring

c. Capability Building Framework – for training of EA personnel

6.9.4. In addition applicants must familiarize themselves with the following documents for understanding of Aadhaar process and requirements:

a. Resident Enrolment Process Document

b. EA Checklist for Refresh Phase

c. Suspension Policy

d. Data Quality Policy

e. Data Protection and Security Guidelines for EA

6.9.5. This work demands highest priority to quality of data and will be subject to penalties, as per UIDAI rule, for Demographic and Process errors. Bidders must apprise themselves and ensure compliance with the latest versions of policy/process/technology requirements, service levels and guidelines issued by UIDAI from time to time.

7. INSTRUCTIOS TO THE BIDDERS

The following is a description of the procedure for submission of application and related requirements on the part of bidder;

7.1. This RFQ can be downloaded from the UIDAI portal/ SPC website or electronic format can be obtained in person or by mail from SPC at the address given in the data sheet.

7.2. The bidder would be required to submit a bid document fees of Rs 5000/- (Rs Five thousands only), by way of Demand Draft, drawn in favor of Member Secretary, State Planning Commission, payable at Bhopal along with the bid application. Applications without bid document fees would not be considered.

7.3. Interested bidders are required to read the document completely to ascertain that they fulfill all the eligibility criteria. They are also advised to go through various process documents available on UIDAI website including the ones referred to in the section 6.8 of this RFQ.

7.4. The bidder should duly fill the Cover Letter and application form in prescribed format given at Annexure I&II with Bid Document Fees, EMD and required proof of


________________________________________________________________


eligibility, as stated in data sheet and submit it in envelope 1. Cover Letter must be signed by the Director/ authorized personnel. Applications with incomplete/ ambiguous information and lacking document fees and mandatory documents will be rejected and no correspondence will be entertained in this regard.

7.5. A Bidder may bid for one or more than one schedule. Bidder shall quote separate financial bid for each of the schedule. However the allocation of schedule/ district will depend on the strength and capacity of the bidder to set up required numbers of Enrolment stations to complete the targeted enrolment work within given timeline; June 2014.

7.6. The financial bid in prescribed format available at Annexure-III should be submitted in second envelope. The duly sealed envelope should clearly mention “Financial Bid for Schedule--” with the name and seal of bidder. The financial bid shall not include any conditions attached to it and any such conditional financial bid shall be summarily rejected.

7.7. Bidders should provide the price of their services in Indian Rupees; up to two decimal places only.

7.8. The Bidder may be subject to local taxes (such as: value added or sales tax, duties, fees, levies, service tax etc) on amounts payable by the Purchaser under the contract. The quote shall be inclusive of all such taxes in the financial bid.

7.9. The Proposal and all associated correspondence shall be written in English and shall conform to prescribed formats. Any interlineations, erasures or over writings shall be valid only if they are initialed by the authorized person signing the Proposal.

7.10. Both the referred envelopes should be placed in a third envelope. Please write ‘QUOTES FOR UID ENROLMENT IN THE STATE OF MADHYA PRADESH’ and the name of the bidder on the outer envelope.

7.11. The Bid Validity, Tenure Contract and the time and the date for submission and subsequent opening of bids are given in the Data Sheet.

7.12. The tender document must be submitted at the address given in data sheet on or before the last date and time for submission of bid. Any bid received by the Purchaser after the deadline for submission shall be returned unopened.

7.13. Public Opening and Evaluation of Financial Bids : Purchaser reserves the right to accept or reject any Bid and to annul the RFQ process and reject all such bids at any time prior to award of contract, without thereby incurring any liability to the affected bidder (s) or any obligation to inform the affected bidder (s) of the grounds for such decisions.

7.13.1. Bids for each Schedule shall be opened on the date & time specified in the Data sheet, in the presence of the Bidders’ representatives who choose to attend.


________________________________________________________________


7.13.2. The name of the Bidders and their financial bid for each Schedule shall be read aloud.

7.13.3. The Purchaser shall correct any computational errors for each Schedule. When correcting computational errors, in case of discrepancy between a partial amount and the total amount, or between word and figures the former shall prevail.

7.14. Clarification on request Submitted: During evaluation, Purchaser may, at its discretion, ask the bidder(s) for clarification on their request. The bidder(s) are required to respond within the time frame prescribed by Purchaser.

7.15. Pre- Application Queries, Clarification and Amendment of RFQ Document:

7.15.1. Bidders may request a clarification in the RFQ document up to the number of days indicated in the Data Sheet before the bid submission date.

7.15.2. Any request for clarification must be sent in writing, or by standard electronic means to the Purchaser’s address / email-id indicated in the Data Sheet.

7.15.3. At any time before the submission of bids, the Purchaser may amend the RFQ by issuing an addendum/ corrigendum in writing or by standard electronic means. The addendum/ corrigendum shall be communicated through standard electronic mean/ notified through SPC website and such amendments shall be binding on all applicants.

8. FEES, EARNEST MONEY DEPOSIT and BANK GURANTEE

8.1. This RFQ can be downloaded from the UIDAI portal/ SPC website or electronic format can be obtained in person or by mail from SPC at the address given in the data sheet (Section 14 of this RFQ)

8.2. The bidder would be required to submit a bid document fees of Rs 5000/- (Rs Five thousands only), by way of Demand Draft, drawn in favor of Member Secretary, State Planning Commission, payable at Bhopal along with the bid application. Applications without bid document fees would not be considered.

8.3. Earnest Money Deposit (EMD)

8.3.1. An EMD of Rs. 5 lakhs per schedule, in the form of DD (separate DD for each schedule bid for) drawn in favor of Member Secretary, State Planning Commission, MP, payable at Bhopal, must be submitted along with the Bid. No interest shall be payable by the Purchaser for the sum deposited as EMD.

8.3.2. Bid not accompanied by EMD shall be rejected as non-responsive.

8.3.3. No Bank Guarantee will be accepted in lieu of the EMD.

8.3.4. The EMD of the unsuccessful bidders would be returned back within 45 days of signing of the contract with the successful bidders.


________________________________________________________________


8.4. The EMD shall be forfeited by the Purchaser in the following events:

8.4.1. If bid is withdrawn during the validity period or any extension agreed by the Bidder thereof.

8.4.2. If the bid is varied or modified, in a manner not acceptable to the Purchaser, after opening of bid during the validity period or any extension thereof.

8.4.3. If the Bidder tries to influence the evaluation process.

8.4.4. If the Bidder with the lowest financial quote withdraws his bid for any of the schedules for which it is L1.

8.4.5. Bidders who are not L1 for a particular schedule but has given their written consent to work on L1 rates during empanelment process for that particular schedule and withdraws his bid and/or refuses to work in the allotted district of that particular schedule.

8.5. Performance Bank Guarantee

8.5.1. The Bidder awarded work shall be required to furnish an unconditional and irrevocable Performance Bank Guarantee equivalent to 10% of the contract value rounded off to the nearest thousand Indian Rupees, from a scheduled commercial bank in India, in favor of Member Secretary, State Planning Commission, Madhya Pradesh/State Registrar for the entire period of contract with 90 days claim period.

8.5.2. The contract value, to work out the value of Bank Guarantee, shall be as per the potential value of enrolment business against and will be computed as below

Value of Bank Guarantee = 85% of Numbers of residents expected for enrollment# in the allocated district X enrolment rate at which the work is allocated

(# - As per column 7 of schedules given in Annexure IV of this RFQ.)

8.5.3. The bank guarantee must be submitted after issue of Letter of Intent (LOI) but before signing of contract (within 30 days of the date of issuance of the LOI). The successful bidder has to renew the bank guarantee on same terms and conditions for the period up to contract including extension period, if any.

8.5.4. Performance Bank Guarantee would be returned only after successful completion of tasks assigned to them and only after adjusting/recovering any dues recoverable/payable from/ by the Bidder on any account/ penalties, imposed and is due for payment, under the contract.

8.5.5. On submission of this performance bank guarantee and entering into contract with State Registrar, demand draft submitted towards EMD shall be returned in original.

8.5.6. Breach/default of the Terms and Conditions of the said contract, and non-compliance with directions to rectify in given time frame will result in invoking of the Bank Guarantee.


________________________________________________________________


9. Disqualifications

Purchaser may at its sole discretion and at any time during the evaluation of application, disqualify any applicant, if the applicant:

9.1.1. Submitted the application after the response deadline.

9.1.2. Made misleading or false representations in the forms, statements and attachments submitted in proof of the eligibility requirements.

9.1.3. Exhibited a record of poor performance such as abandoning works, not properly completing the contractual obligations, inordinately delaying completion or financial failures, etc. in the UID project anywhere in the country.

9.1.4. Delisted from the UIDAI empanelled list of EA’s and /or revoked its enrolment code.

9.1.5. Not submitted Cover letter and/or proposal in prescribed Application Form.

9.1.6. Submitted an application that is not accompanied by bid document fees, prescribed documents/ supporting or is non-responsive.

9.1.7. Was declared ineligible/blacklisted by the Government of India/ State Government.

10. TERMINATION OR CESSATION OF WORK AWARDED/CONTRACT

Purchaser and/or the State Registrar entering into contract with the EA, reserves the right to withdraw award of work / terminate contract and forfeit the bank guarantee in any of following circumstances:

10.1. Submission of false particulars/fake documents, information provided is found to be incorrect.

10.2. Evidence of sub-contracting of enrolment work

10.3. Contract conditions are not met within the specified time period.

10.4. Bidder becomes insolvent, bankrupt; resolution is passed for the winding up of the bidder’s organization.

10.5. Significant changes to the organization leading to change of management, or in the course when the enrolments are being conducted are not notified to purchaser.

10.6. Non co-operation during audits/inspections by UIDAI/Registrars/auditing agencies empanelled/ appointed by these.

10.7. Conditions arising from audits are not met within the specified time period.

10.8. Misleading claims about the setting up of ESs and/or empanelment status are made.

10.9. Clear evidence is received that empanelled agency is in breach of copyright.

10.10. Non-adherence to the UIDAI/registrar’s prescribed enrolment processes and guidelines, which include usage of certified biometric devices, use of latest enrolment client version, timely client sync and upload of resident data packets.


________________________________________________________________


10.11. Not uploading correct enrolment centers and respective contact persons details.

10.12. Poor quality of biometrics and demographics data.

10.13. Poor performance reports/Complaints received against the Enrolment Agency.

10.14. Deploying Enrolment Operators/supervisors who either do not have their Aadhaar generated and/or are uncertified and /or inactive as per UIDAI activation protocols.

10.15. Not maintaining the confidentiality of the documents, data collected or any other violation of UIDAI data security guidelines for Enrolment Agencies.

10.16. Non-provision of necessary infrastructure at the enrolment centers.

10.17. Undertaking enrolment operations at locations without valid agreement /approval of the Registrars

10.18. If the agency is delisted from the empanelment list of UIDAI and / or the enrolment code allotted by UIDAI is revoked.

11. AWARD OF WORK

11.1. The following scheme of allotment shall be followed to evaluate the financial proposals and subsequent allocation of districts/ parts of districts for enrolment work.

11.1.1. All the quotes received for particular schedules will be tabulated for that schedule.

11.1.2. The L1 quote received shall be the baseline rate for enrolment for all the districts of that particular schedule.

11.1.3. The other bidders, those who have quoted for that particular schedule, shall be asked for giving their written consent to match the L1 rates.

11.1.4. The bidder (s), in writing, consented to work on L1 rate shall be empanelled to consider for allocation of districts/ part of district in that particular schedule.

11.2. The empanelled Bidder for each Schedule shall be asked to submit a detailed Work Plan detailing out the number of kits to be set up, residents to be enrolled in each of the allotted district per month and the progressive schedule for covering 85 percent of the population in the allotted districts/ parts of district on or before 30th June 2014.

11.3. EAs shall be considered for allotment of districts on the basis of their capacity to set up such number of enrolment stations that would be required to match the estimated number of enrolment stations for a particular district as given in Annexure-IV. The capacity of successful bidder shall be primarily assessed on the basis of

11.3.1. Average numbers of active Enrolments Kits, in MP, during last two months.

11.3.2. Numbers of Enrolment Kits possessed and are available to set up in MP. The EA shall provide the station id/ machine numbers.


________________________________________________________________


11.3.3. Number of certified operators and supervisor engaged and active with that particular EA (should provide list of operators and supervisors with their respective ids issued by UIDAI)

11.3.4. Written commitment of readiness and plan of deployment of enrolment station, in various districts, to match requirements indicated in Annexure-IV.

11.4. Priority in allotment of districts shall be given to those EAs who are given districts in sweep mode under NSRs and are presently having an average of not less than 50 active enrolment stations, in that particular district, for last two months of the date of submission of this bid.

11.5. Among other EAs empanelled for the schedule, EA with lower quote should be given priority to select district of choice (as per his capacity to deploy adequate ESs), over other EAs.

11.6. All the other EAs shall be given opportunity to select a district of their choice in a particular schedule, for which they consented to work on L1 rate, as per sequence of the rates quoted (from lower to high).

11.7. The Purchaser shall issue a Letter of Intent to the empanelled Bidders. The Bidders shall sign the contract as per the standard form of contract in Annexure -V within prescribes time period from issuance of the letter of intent.

11.7.1. EA shall be required to set up average number of enrolment stations as given Annexure - IV.

11.7.2. In case any bidder fails to set up adequate number of enrolment stations, indicated as required in Annexure-IV and subsequently committed by EA for allocation in the districts/ part of districts allocated to it, the State Registrar shall be free to allot that particular district in whole or part to other empanelled bidder. In such situation the bank guarantee of defaulter bidder may be forfeited.

11.8. The award of work to an Enrolment Agency requires acceptance of the terms and conditions of contract and submission of the Bank Guarantee.

11.9. The empanelment of rate of an enrolment agency does not commit any enrolment work to the agency. The enrolment work order shall be issued by the State Registrar, which shall sign appropriate contracts with respective EA (s).


________________________________________________________________


12. PERFORMANCE ASSESSMENT AND PENALTY CLAUSES

12.1. EA’s performance shall be assessed during the execution of the project / assignment and any deficiencies and short-falls shall be dealt with in accordance of the contract terms associated with the project / assignment. It could also lead to termination/withdrawal of empanelment as well as impossition of penalties.

12.2. In addition to, but not limited to, the enrolment related quality, standards and guideline issued on time to time by UIDAI, stated in various section of this RFQ and respective reference doc/guidelines issued/ will be issued by UIDAI, this section of RFQ provide the parameters that shall be monitored by Purchaser with respect to setting up of required number of enrolment stations, as given in Annexure-IV.

12.3. The formula to establish the number of Enrolment Stations required to be set up in a district, at a particular time, under this assignment shall be calculated as per the below formula:-

Total Population of the district Pop

Aadhaar generated in the district UID

Nos of months available for enrolment, from the date of review, till June 2014.

M

Average no of working days in a month (assumed) 25

Estimated average enrolment per day per kit 40

Average no of enrolment stations required to be setup X

12.3.1. Formula for average no of enrolment stations required to be setup

(At any point of time) X =

Pop – UID 40 * 25 * M

12.3.2. Illustration: To further explain the formula, below is an illustration for District Bhopal

Total Population of the district (Pop) 2368145

Aadhaar generated in the district (UID) 1542950

Nos of months available for enrolment, from the date of review, till June 2014.(M)

12

Average no of working days in a month (assumed) 25

Estimated average enrolment per day per kit 40

Average no of ES required to be setup in Bhopal (at given point of time) = 68.76 say 69

2368145- 1542950 40*25*12


________________________________________________________________


12.4. The numbers of enrolment stations deployed in a particular district will be monitored on a regular basis and reviewed on monthly basis.

12.5. Mathematical average of ES active, during the month under review, shall be considered to establish the number of active ES.

12.6. The requirement of number of ES to set up in a district shall be revised quarterly on the basis of enrolment done at that particular time and projected requirement of ES there onwards shall be revised accordingly.

12.7. In case the monthly average number of ESs active in a particular district, at the time of review, is lower than the 80% of Average no of enrolment stations required to be setup (0.8 X = 55 for illustration above) calculated as per aforesaid formula, a penalty of 1000/- for the shortfall of per station per day shall be imposed.

12.8. The penalty shall be recovered through the state registrar against the enrolment charges, if any, is due to that enrollment agency. In case of no such enrolment charges are due to the agencies, the penalty shall be recovered from the respective bank Guarantee.

12.9. In case any of the enrolment station is to be withdrawn/ removed for some specific purpose, the EA has to inform in advance, giving reason for the same and obtain written concurrence of nodal Dept/ Respective State Registrar.

13. GENERAL TERMS AND CONDITIONS

The following terms and conditions are of a general nature, and are given here only for the information of the prospective enrolling agencies.

13.1. Relationship: Nothing mentioned herein shall be construed as relationship of master and servant or of principal and agent as between the ‘SPC and Bidder. No partnership shall be constituted between the two by virtue of this work award, nor shall either party have powers to make, vary or release contractual obligations on behalf of the other party, or represent that by virtue of this or any other empanelment, a partnership has been constituted, or that it has any such power. The bidder shall be fully responsible for the services performed by them or on their behalf.

13.2. Fraud and Corruption: The enrolment agencies awarded work through this process must observe the highest standards of ethics during the performance and execution of the awarded contract(s).

13.3. SPC will reject the bid/ revoke the award of work/ terminate the contract, if the bidder has been determined by SPC to having been engaged in corrupt, fraudulent, unfair trade practices, coercive or collusive. These terms are defined as follows:

13.3.1. "Corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of SPC or any personnel in contract executions.

13.3.2. "Fraudulent practice" means a misrepresentation of facts, in order to influence a procurement process or the execution of a contract, to SPC, and


________________________________________________________________


includes collusive practice among applicants (prior to or after Proposal submission) designed to establish proposal prices at artificially high or non-competitive levels and to deprive SPC of the benefits of free and open competition.

13.3.3. “Unfair trade practices” means supply of services different from what is ordered on, or change in the Scope of Work which was agreed to.

13.3.4. “Coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the execution of contract.

13.3.5. “Collusive practices” means a scheme or arrangement between two or more bidders with or without the knowledge of the SPC, designed to establish prices at artificial, noncompetitive levels;

13.4. Governing Language: All contracts and documents shall be written in English Language.

13.5. Applicable Law: Applicable Law means the laws and any other instruments having the force of law in India as they may be issued and in force from time to time.

13.6. Legal Jurisdiction: The interpretation validity, and performance of this document, shall be governed in all respects in accordance with the Indian Laws. All legal disputes between the parties shall be subject to the jurisdiction of the hon’ble High Court situated in Jabalpur only.

13.7. Indemnity: The applicants will indemnify State Govt/ State Registrar (s) against any misuse of its Name and Logo. For any such misuse the bidder themselves will be held responsible. State Govt/ Respective State Registrar/ UIDAI will take necessary actions for such cases and will not be responsible for any miscommunication or harm caused to any party because of any misrepresentation of its name and logo by the applicant.

13.8. Conflict of Interest: The award of works requires that bidder enrolment agencies shall provide professional and objective services and at all times hold the purchaser’s interests paramount, strictly avoid conflicts of interest with other assignments or their own corporate interests and act without any consideration for future work. The fidelity of the enrolment process and the enrolment data shall be maintained at all times.

13.9. Without limitation on the generality of the foregoing, bidder, and any of their affiliates, shall be considered to have a conflict of interest and shall not be empanelled, under any of the circumstances set forth below:

13.10. Conflicting relationships: An Bidder (including its Personnel and Sub- Agencies) that has a business or family relationship with a member of the State Govt/ Respective State Registrar/ UIDAI staff who is directly or indirectly involved in any part of:

13.10.1. The preparation of the Terms of Reference of the project/ assignment,

13.10.2. The selection process for such project / assignment


________________________________________________________________


13.11. Applicants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of this project, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Agency or the termination of its contract.

13.12. Applicants shall furnish information on commissions and gratuities, if any, paid or to be paid to agents relating to this application and during execution of the assignment if the applicant is awarded the Empanelment.

13.13. Right to Inspect and Audit: SPC/State Registrar/ UIDAI shall have the right to:

13.13.1. Carry out any inspection, background checks, audits of the empanelled enrolling agencies

13.13.2. Verify any allegations made by/ made against the enrolling agencies

13.13.3. Carry out scheduled/ un-scheduled visits to any of the enrolment centers/ stations manned by the enrolling agencies by authorized officials/ nominated agencies.

13.13.4. Oversee the processes and operations of the enrolling agencies

13.13.5. Impose decisions on empanelment status /empanelment tiers / Renewal request/ Upgrade of empanelment tiers, based on Performance Monitoring at the Enrolment Centers and data analysis


________________________________________________________________


14. IMPORTANT EVENTS AND INFORMATION FOR THE BIDDERS – DATA SHEET

Particular Details

Quotations Invited by

UID Project State Planning Commission,

Madhya Pradesh, Bhopal-462004 (M.P.)

Name of the assignment Empanelment of Enrolment Agencies for Group of Districts in Madhya Pradesh.

Scheme of Allocation of District and Scope of Work

As given in Section 3 and Section 6 of this RFQ

Award of Work Section 11 of this RFQ

Bid Document Cost Rs 5000 (Five Thousands) by way of DD as given in Section 8

Submission of Bid: Address and last Date

The bids need to be submitted no later than the following date and time at the office of Project Coordinator (UID), State Planning Commission, Vindhyachal Bhawan, Bhopal on or before: Date: 23rd July, 2013 Time: 3.00 PM IST

Bid Validity Bids must remain valid for 90 days after the submission date.

Tenure of Contract and expected closure date

The estimated tenure of contract will be 12 months from the date of contract, which can be further extended by the Purchaser if needed based on agreeable terms and conditions. The State is looking at a project closure by 30th June 2014.

Clarifications May be requested not later than 3 days before submission date. The address for requesting clarifications is: Email: [email protected]

Expected volume of work The Schedules corresponding group of districts and expected number of residents to be enrolled are given as Annexure-IV.

Fees, Earnest Money Deposit And Bank Gurantee

Given in Section 8 of this RFQ

Eligibility for Submission of Bids for the different Schedules

For all schedules, any bidder who is empanelled with UIDAI is eligible for submission of bids.

Mandatory Documents to be submitted

1. The Bidders must submit attested copy of the “Letter of Empanelment”/ allotment of EA code from UIDAI along with the application form.

2. Demand draft for Bid Document Fees

3. The sealed envelope no 2 shall contain separate financial bid for one/ multiple Schedules based on the group of districts where the bidder is interested in working

Pre Bid Meeting A Pre Bid Meeting will be held on 16th July, 2013 at 2.00 PM IST in the meeting Hall of :

State Planning Commission, 1st Floor, Vindhyachal Bhavan, Bhopal.

The Bid Opening Date and Time :

Date: 23rd July, 2013, Time: 4.00 PM IST

Expected date for commencement of services

Within one month of date of issuance of Letter of Intent

mailto:%[email protected]


________________________________________________________________

Request for Quotation (RFQ) for Empanelment of Enrolment Agency_June 2013 Page 25 of

63

Annexure I – Financial Bid Covering Letter

(To be submitted on the Letter head of the applicant)

To,

Mr Rakesh Munshi, Advisor, State Planning Commission and Project Coordinator (UID) First Floor, Vindhyachal Bhawan, Bhopal- 462004 (M.P.)

Dear Sir,

Ref: Request for Quotation (RFQ) Notification No./UID/SPC/2013 990 dated 2nd July , 2013.

1. Having examined the RFQ document, we, the undersigned, herewith submit our response to your RFQ Notification for carrying out the enrolment functions for Enrolment of Residents of Madhya Pradesh for UID in accordance with your RFQ, in full conformity with the said RFQ document. (In case of consortium, the names of the consortium partners shall be provided here).

2. We, the undersigned, offer to provide services to State Planning Commission, M.P. for carrying out the enrolment functions as referred in para 1 above.

3. We have read the provisions of the RFQ document and confirm that these are acceptable to us. Hence, we are hereby submitting our Financial Bid.

4. We agree to abide by this RFQ, consisting of this letter, financial bid and all attachments, for a period of 90 days from the closing date fixed for submission of bid as stipulated in the RFQ document.

5. We hereby declare that we are interested in participating for the following Schedules as given in Annexure IV and have submitted a separate financial bids for each Schedule.

6. We would like to declare that we are not involved in any litigation with any Government in MP and we are not under a declaration of ineligibility for corrupt or fraudulent practices.

7. We hereby declare that we have not been blacklisted by any Central/ State/ UT Government.

8. We hereby declare that we have not been charged with any fraudulent activities by any Central/ State/ UT Government.

9. We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in bribery.

10. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act, 1988”.

11. We understand that State Planning Commission, M.P. is not bound to accept any bid received in response to this RFQ.

12. In case we are empanelled by the State Planning Commission, M.P as an Enrolling Agency, we shall provide any assistance/cooperation required by the State Planning


________________________________________________________________


63

Commission/UIDAI appointed auditing agencies/ UIDAI officials for performing their auditing and inspection functions. We understand that our non-cooperation for the same shall be grounds for termination of service.

13. In case we are empanelled as an Enrolling Agency, we agree to abide by all the terms & conditions of the contract that will be issued by the State Planning Commission, M.P

14. The financial bid includes all costs as per the Scope of Work mentioned in the RFQ

15. We are enclosing the following demand drafts towards EMD (separate DD for each schedule, bid for) and bid document fees

S.No Particular Respective Schedule No

Amount DD No and date

Drawn on

Bid Document Fess

EMD -1

EMD -2

---

16. Our correspondence details with regard to this RFQ are:

No. Information Details

1. Name of the Contact Person

2. Address of the Contact Person

3.

Name, designation and contact address of the person to whom all references shall be made regarding this RFQ

4. Telephone number of the Contact Person

5. Mobile number of the Contact Person

6. Fax number of the Contact Person

7. Email ID of the Contact Person

8. Corporate website URL

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

(Affix the Official Seal of the Firm)


________________________________________________________________


63

Annexure II – Application Format

1. Name of Bidder

2. Validity of Empanelment with UIDAI (pls attach empanelment letter)

3. Enrolment Code (If Available)

4. Category of Empanelment

4.1. Technical

4.2. Financial

5. Name of the states and respective registrars where enrolment activities are under taken

by EA

6. Total Enrolment done till date (Phase 1 and Phase 2)

6.1. In India

6.2. In MP

7. Nos of Enrolment Kits Available

8. Nos of Certified Operators active with EA

9. Existing ES active in MP- District wise month wise details should be provided

We hereby declare that the above information provide by us is true to the best of my

knowledge and belief. We have ensured that the relevant documents/ references that

authenticated the information given above are available with us and can be provided if so

required by State Planning Commission.

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

(Affix the Official Seal of the Firm)


________________________________________________________________


63

Annexure III – Financial Bid Format (Separate for Each Schedule)

Schedule No. Quote per successful enrolment (UID Generated) in INR; up to two decimal places (inclusive of all taxes) *

In Figures In Words

* This shall include all costs as per the Scope of Work and all items like the equipment costs, cost of scanning/photocopy, power, stationary, manpower costs, vehicle costs, travel and lodging costs, taxes and duties and any other miscellaneous costs. Note:

1. The Financial bid quoted for a particular schedule shall be applicable to all the Districts in that schedule as given in Annexure-IV.

2. In case of any discrepancy in quoted rates, the value given in words shall be considered as final.

3. If verifier is not provided by the Registrar then charges as applicable for verifier i.e. Rs 2/- per successful enrolment (inclusive of all taxes) shall be separately payable by the registrar.

4. The Contract Value for the purpose of calculation of the Bank Guarantee shall

be on the basis of Expected Number of residents to be enrolled and the

awarded rate of enrolment.

5. Note that Scanning of resident documents during enrolment will be made

mandatory from 1 Oct 2013. However, the enrolment agencies, awarded work

under this RFQ, shall not be paid any additional amount for scanning of

documents by the registrar.


________________________________________________________________


63

Annexure-IV –Schedule Details

Schedule – 1

Sr. No.

District Population No. of Aadhaar

Generated so far

%age No. of residents to be enrolled by June 14

85% of Column (6)

Avg No. of Enrolment Stations to be set up

1 2 3 4 5 6 7 8

1 Ashoknagar 844,979 47747 5.7 797,232 677647 70

2 Morena 1,965,137 171308 8.7 1,793,829 1524755 150

3 Singrauli 1,178,132 103061 8.7 1,075,071 913810 90

4 Shivpuri 1,725,818 166131 9.6 1,559,687 1325734 135

5 Tikamgarh 1,444,920 140811 9.7 1,304,109 1108493 110

6 Balaghat * 1,701,156 168842 9.9 1,532,314 1302467 130

7 Sheopur 687,952 68340 9.9 619,612 526670 55

Note * District not available for allotment. Schedule – 2

Sr. No.


Generated so far


85% of Column (6)


1 2 3 4 5 6 7 8

1 Anuppur 749,521 95864 12.8 653,657 555608 60

2 Bhind 1,703,562 222673 13.1 1,480,889 1258756 125

3 Datia 786,375 117099 14.9 669,276 568885 55

4 Dindori 704,218 110673 15.7 593,545 504513 50

5 Umaria 643,579 103272 16.0 540,307 459261 45

6 Shahdol 1,064,989 180301 16.9 884,688 751985 75

7 Sidhi 1,126,515 227275 20.2 899,240 764354 75

8 Chhatarpur 1,762,857 366837 20.8 1,396,020 1186617 120


________________________________________________________________


63

Schedule – 3

Sr. No.


Generated so far


85% of Column (6)


1 2 3 4 5 6 7 8

1 Jhabua 1,024,091 220538 21.5 803,553 683020 70

2 Rajgarh 1,546,541 341182 22.1 1,205,359 1024555 100

3 Alirajpur 728,677 168112 23.1 560,565 476480 50

4 Raisen 1,331,699 335356 25.2 996,343 846892 85

5 Khargone 1,872,413 474908 25.4 1,397,505 1187879 120

6 Mandla 1,053,522 276292 26.2 777,230 660646 65

7 Panna 1,016,028 281027 27.7 735,001 624751 60

Schedule – 4

Sr. No.


Generated so far


85% of Column (6)


1 2 3 4 5 6 7 8

1 Chhindwara 2,090,306 582565 27.9 1,507,741 1281580 130

2 Betul 1,575,247 449720 28.5 1,125,527 956698 100

3 Sehore 1,311,008 392071 29.9 918,937 781096 80

4 Rewa 2,363,744 707940 29.9 1,655,804 1407433 140

5 Dhar 2,184,672 654651 30.0 1,530,021 1300518 130

6 Sagar 2,378,295 797557 33.5 1,580,738 1343627 135

7 Guna 1,240,938 418199 33.7 822,739 699328 70


________________________________________________________________


63

Schedule – 5

Sr. No.


Generated so far


85% of Column (6)


1 2 3 4 5 6 7 8

1 Narsimhapur* 1,092,141 385617 35.3 706,524 600545 60

2 Katni 1,291,684 458437 35.5 833,247 708260 70

3 Barwani 1,385,659 500358 36.1 885,301 752506 75

4 Damoh 1,263,703 461297 36.5 802,406 682045 70

5 Gwalior 2,030,543 761980 37.5 1,268,563 1078279 110

6 Satna 2,228,619 850597 38.2 1,378,022 1171319 115

7 Vidisha 1,458,212 576815 39.6 881,397 749187 75

8 Seoni 1,378,876 598986 43.4 779,890 662907 65

Note * District not available for allotment. Schedule – 6

Sr. No.


Generated so far


85% of Column (6)


1 2 3 4 5 6 7 8

1 Ujjain 1,986,597 863307 43.5 1,123,290 954797 95

2 Neemuch 825,958 444067 53.8 381,891 324607 30

3 Ratlam 1,454,483 782577 53.8 671,906 571120 55

4 Dewas 1,563,107 852389 54.5 710,718 604110 60

5 Indore 3,272,335 1931969 59.0 1,340,366 1139311 115

6 Mandsaur 1,339,832 834211 62.3 505,621 429778 45

7 Shajapur 1,512,353 1063638 70.3 448,715 381408 40


________________________________________________________________


63

Schedule – 7

Sr. No.


Generated so far


85% of Column (6)


1 2 3 4 5 6 7 8

1 Jabalpur 2,460,714 1562436 63.5 898,278 763536 75

2 Bhopal 2,368,145 1576454 66.6 791,691 672937 65

3 Burhanpur 756,993 511050 67.5 245,943 209052 20

4 Harda 570,302 442068 77.5 128,234 108999 15

5 Hoshangabad 1,240,975 1032967 83.2 208,008 176807 20

6 Khandwa 1,309,443 1096388 83.7 213,055 181097 20


________________________________________________________________


63

Annexure-V Standard Contract

TABLE OF CONTENTS

S.NO PARTICULARS PAGE NO

1 Contract Form 34

2 General Conditions of Contract 36

3 Special Conditions of Contract 54

4 Appendix A 57

5 Appendix B 58

6 Appendix C 59

7 Appendix D 60

8 Appendix E 61


________________________________________________________________


63

1. Contract Form

THIS AGREEMENT is made on this ________________day of _______________________________2013, between_____________________________________________________________ of __________________________ (hereinafter called “the Purchaser”) which expression shall unless repugnant to the context thereof include his successors, heirs, assigns, of the one part, and _____________________ _____________ of ______________________________ (Herein after called “the Supplier”) which expression shall unless repugnant to the context thereof include his successors, heirs, assigns, of the other part.

[Note: If the Supplier consists of more than one entity, the above should be partially amended to read as follows: “…(, of the one part) and, on the other hand, a joint venture/consortium/association consisting of the following entities, each of which will be jointly and severally liable to the Purchaser for all the Supplier’s obligations under this Contract, namely, [name of Supplier] and [name of Supplier] (hereinafter called the “Supplier”).]

WHEREAS the Nodal Department in the state of MP, State Planning Commission, MP (SPC) had invited bids for “Empanelment of Enrolment Agencies for UID Enrolment in The State of Madhya Pradesh” vide their RFQ number ______ __, dated ________

AND WHEREAS various applications were received pursuant to the said bid

AND WHEREAS, subsequent to the bid evaluation process and subsequent rate negotiations, SPC has issued a Letter of Intent to the Supplier for the supply of those Services in the sum of __________________ (hereinafter “the Contract Price”).

And in pursuance of having accepted the said offer the Purchaser and Supplier have agreed to enter into this agreement.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

A. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract referred to.

B. The following documents (collectively referred to as “Contract Documents”) shall be deemed to form and be read and construed as part of this Agreement, viz.:

i. The General Conditions of Contract;

ii. The Special Conditions of Contract;

iii. The following Appendices: [Note: If any of these Appendices are not USED, THE WORDS “NOT USED” SHOULD BE INSERTED BELOW NEXT TO THE TITLE OF the Appendix]:

Appendix A: Description of Services


________________________________________________________________


63

Appendix B: Reporting Requirements

Appendix C: Total Cost of Services

Appendix D: Duties of the Purchaser

Appendix E: Form of Bank Guarantee Bond

iv. The referred RFQ with all its annexure

C. The mutual rights and obligations of the Purchaser and the Supplier shall be as set forth in the Contract, in particular:

i. The Supplier shall carry out the Services in accordance with the provisions of the Contract; and

ii. The Purchaser shall make payments to the Supplier in accordance with the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.

For and on behalf of [name of Purchaser]

[Authorized Representative]

For and on behalf of [name of Supplier]

[Authorized Representative]

[Note: If the Supplier consists of more than one entity, all these entities should appear as signatories, e.g., in the following manner:]

For and on behalf of each of the Members of the Supplier [Name of member]

__________________________ [Authorized Representative]


________________________________________________________________

Request for Quotation (RFQ) for Empanelment of Enrolment Agency_June 2013 Page 36 of 63

2. General Conditions of Contract

1. GENERAL PROVISIONS

1.1. Definitions : Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:

a) “Applicable Law” means the laws and any other instrument having the force of law in India.

b) “Bidder” means the entity bidding for the services under the Contract.

c) “Contract” means the Agreement entered into between the Purchaser or the Registrar authorized by the Purchaser and the Supplier, together with the contract documents referred to therein, including all the attachments, appendices, annexure, and all documents incorporated by reference therein

d) “Contract Price” means the price to be paid for the performance of the Services, in accordance with Clause GC 6, subject to such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract.

e) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1.

f) “Enrolling Agency/ Enrolment Agency” means– the agency appointed by the Registrar for collection of the demographic and biometric data in the location assigned by the Registrar

g) “GC” mean these General Conditions of Contract.

h) “Government” means the Govt of Madhya Pradesh.

i) “In writing” means communicated in written form with proof of receipt.

j) “Member” means any of the entities that make up the joint venture/consortium/association, and “Members” means all these entities.

k) “Party” means the Purchaser or the Supplier, as the case may be, and “Parties” means both of them.

l) “Personnel” means persons hired by the Bidder and assigned to the performance of the Services or any part thereof.

m) “Purchaser” means the entity purchasing the services under this Contract.

n) “Resident” means normal resident of Madhya Pradesh

o) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented.


________________________________________________________________


p) “Services” means the work to be performed by the Supplier pursuant to this Contract, as described in Appendix A hereto.

q) “SPC” means the State Planning Commission, Nodal Department for UID project in Madhya Pradesh

r) “State Registrar” mean the Agency of the State Govt appointed by Govt of MP as registrar for carrying out the enrolment function in the state of MP under UID implementation. The State Registrar is the purchaser of service in this contract.

s) “Supplier” means any private or public entity that will provide the Services to the Purchaser under the Contract. The Supplier is the Enrolling Agency whose bid to perform the Contract has been accepted by the Purchaser and is named as such in the Agreement.

t) “UIDAI” means Unique Identification Authority of India that includes its sub offices / regional offices.

1.2. Relationship with in the Parties: Nothing mentioned herein shall be construed as relationship of master and servant or of principal and agent as between the ‘Purchaser and Supplier’. No partnership shall be constituted between the two by virtue of this work award, nor shall either party have powers to make, vary or release contractual obligations on behalf of the other party, or represent that by virtue of this or any other empanelment, a partnership has been constituted, or that it has any such power. The Supplier, subject to this Contract, has complete charge of Personnel performing the Services and shall be fully responsible for the services performed by them or on their behalf.

1.3. Governing Language: This contract has been executed in English which shall be the binding language for all matters relating to the meaning and interpretation of this contract.

1.4. Applicable Law: Applicable Law means the laws and any other instruments having the force of law in India as they may be issued and in force from time to time.

1.5. Legal Jurisdiction: The interpretation validity, and performance of this document, shall be governed in all respects in accordance with the Indian Laws. All legal disputes between the parties shall be subject to the jurisdiction of the Hon’ble Highcourt of Madhya Pradesh in Jabalpur, only.

1.6. Notices :

a) Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SC.

b) A Party may change its address for notice hereunder by giving the other Party


________________________________________________________________


notice in writing of such change to the address specified in the SC.

1.7. Location: The Services shall be performed at such locations, as referred in the RFQ issued and are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, as the Purchaser may approve.

1.8. Authorized Representatives: Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Purchaser or the supplier may be taken or executed by the officials specified in the SC.

1.9. Taxes and Duties: The Supplier and their Personnel shall pay such direct and indirect taxes, duties, fees, and other impositions levied under the Applicable Laws of India

1.10. Fraud and Corruption: The enrolment agencies awarded work through this process must observe the highest standards of ethics during the performance and execution of the awarded contract(s). It is the Purchaser’s policy to require that the Purchaser as well as Suppliers observe the highest standard of ethics during the selection and execution of such contracts. The Purchaser also requires that the Supplier does not demand any service charges from the Resident unless the same is agreed with the Purchaser in advance.

In pursuance of this policy, the corrupt, fraudulent, unfair trade practices, coercive or collusive practices terms are defined as follows:

a) "Corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of SPC/State Registrar or any personnel in contract executions.

b) "Fraudulent practice" means a misrepresentation of facts, in order to influence a procurement process or the execution of a contract, to SPC/State Registrar, and includes collusive practice among applicants (prior to or after Proposal submission) designed to establish proposal prices at artificially high or non-competitive levels and to deprive SPC of the benefits of free and open competition.

c) “Unfair trade practices” means supply of services different from what is ordered on, or change in the Scope of Work which was agreed to.

d) “Coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the execution of contract.

e) “Collusive practices” means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser, designed to establish prices at artificial, noncompetitive levels;

1.11. Measures to be taken by the Purchaser (in reference to 1.10 above)

(a) The Purchaser may terminate the contract if it determines at any time that


________________________________________________________________


representatives of the Supplier were engaged in corrupt, fraudulent, collusive or coercive practices during the selection process or the execution of that contract, without the Supplier having taken timely and appropriate action satisfactory to the Purchaser to remedy the situation;,

(b) The Purchaser may also sanction against the Supplier, including declaring the Supplier ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the Supplier has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Purchaser-financed contract,

1.12. Commissions and Fees

Purchaser will require the successful Supplier to disclose any and Fees commissions or fees that may have been paid or are to be paid to agents, representatives, or commission agents with respect to the selection process or execution of the contract. The information disclosed must include at least the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee.

1.13. Right to Inspect and Audit: SPC/State Registrar/ UIDAI shall have the right to:

a) Carry out any inspection, background checks, audits of the empanelled enrolling agencies

b) Verify any allegations made by/ made against the supplier

c) Carry out scheduled/ un-scheduled visits to any of the enrolment centers/ stations manned by the supplier by authorized officials/ nominated agencies.

d) Oversee the processes and operations of the enrolling agencies

e) Impose decisions on empanelment status /empanelment tiers / Renewal request/ Upgrade of empanelment tiers, based on Performance Monitoring at the Enrolment Centres and data analysis

1.14. Interpretation -In this Contract unless a contrary intention is evident:

a) The clause headings are for convenient reference only and do not form part of this Contract;

b) Unless otherwise specified a reference to a clause number is a reference to all of its sub-clauses;

c) Unless otherwise specified a reference to a clause, sub-clause or section is a reference to a clause, sub-clause or section of this Contract including any amendments or modifications to the same from time to time;

d) A word in the singular includes the plural and a word in the plural includes the


________________________________________________________________


singular;

e) A word importing a gender includes any other gender;

f) A reference to a person includes a partnership and a body corporate;

g) A reference to legislation includes legislation repealing, replacing or amending that legislation

h) Where a word or phrase is given a particular meaning it includes the appropriate grammatical forms of that word or phrase which have corresponding meanings;

i) In the event of an inconsistency between the terms of this Contract and the Bid document and the Proposal, the terms of this Contract hereof shall prevail.

j) The referred RFQ has been made a part of this contract document. However in case of any contradiction with the RFQ, after execution, the citation in contract document shall prevail.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

2.1 Effectiveness of Contract- This Contract shall come into effect on the date the Contract is signed by both parties and such other later date as may be stated in the SC. The date the Contract comes into effect is defined as the Effective Date.

2.2 Termination of Contract for Failure to become Effective-

a) If this Contract has not become effective within such time period after for the date of the Contract signed by the Parties as specified in the SC, either Party may, by not less than twenty one (21) days written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.

b) Now withstanding the duration of contract stated in GC 2.4, the purchaser, without prejudice or liability, reserves the right to terminate the contract for the time period beyond the necessary approval from UIDAI for continuation of enrolment are not available to the purchaser.

In case of termination as per this clause, all payments due to supplier till the termination of contract shall be made by the purchase.

2.3 Commencement of Services- The Supplier shall begin carrying out the Services not later than 10 days after the Effective Date specified in the SC.

2.4 Expiration of Contract- Unless terminated earlier pursuant to Clause GC 2.3 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SC.

2.5 Entire Agreement-This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has Authority to


________________________________________________________________


make, and the Parties shall not be bound by or be liable for, any other statement, representation, promise or agreement not set forth herein.

2.6 Modifications or Variations- a) Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.

(b) In cases of substantial modifications or variations, the prior written consent of the Purchaser is required.

2.7 Force Majeure

2.7.1 Definition –

a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable and not brought about by or at the instance of the Party claiming to be affected by such events and which has caused the non-performance or delay in performance, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other extreme adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by Government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected both to take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or inability to make any payment required hereunder.

2.7.2 No Breach of Contract-The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.

2.7.3 Measures to be taken-

a) A Party affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

b) A Party affected by an event of Force Majeure shall notify the other Party of such


________________________________________________________________


event as soon as possible, and in any case not later than fourteen (14) days following the occurrence of such event providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible.

c) Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.

d) During the period of their inability to perform the Services as a result of an event of Force Majeure, the Supplier, upon instructions by the Purchaser, shall either:

(i) Demobilize; or

(ii) Continue with the Services to the extent possible, in which case the Supplier shall continue to be paid proportionately and on prorate basis, under the terms of this Contract

e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GC 8.

2.8 Suspension- The Purchaser may, by written notice of suspension to the Supplier, suspend all payments to the Supplier hereunder if the Supplier fails to perform any of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall allow the Supplier to remedy such failure, if capable of being remedied, within a period not exceeding thirty (30) days after receipt by the Supplier of such notice of suspension.

2.9 Termination

2.9.1 By the Purchaser-The Purchaser may, without prejudice to any other remedy for breach of Contract, terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (k) of this Clause GC 2.9.1. In such an occurrence the Purchaser shall give a not less than thirty (30) days’ written notice of termination to the Supplier, and sixty (60) days’ in the case of the event referred to in (2.7.3.e).

a) If the Supplier does not remedy a failure in the performance of their obligations under the Contract, within thirty (30) days after being notified or within any further period as the Purchaser may have subsequently approved in writing.

b) If the Supplier becomes (or, if the Supplier consists of more than one entity, if any of its Members becomes and which has substantial bearing on providing Services under this contract) insolvent or go into liquidation or receivership whether compulsory or voluntary.

c) If the Supplier, in the judgment of the Purchaser has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

d) If, as the result of Force Majeure, the Supplier are unable to perform a material


________________________________________________________________


portion of the Services for a period of not less than sixty (60) days.

e) If the Purchaser, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.

f) If the Supplier submits to the Purchaser a false statement which has a material effect on the rights, obligations or interests of the Purchaser.

g) If the Supplier places itself in position of conflict of interest or fails to disclose promptly any conflict of interest to the Purchaser.

h) If the Supplier fails to provide the quality services as envisaged under this Contract. The SPC/State Registrar may make judgment regarding the poor quality of services, the reasons for which shall be recorded in writing. The SPC/State Registrar may decide to give one chance to the Supplier to improve the quality of the services.

i) If the supplier fails to fulfill its obligation under clause GC3.3 hereof.

j) If the supplier has been blacklisted by the UIDAI or disqualified for any reason including for no longer meeting the empanelment criteria laid down by UIDAI, based on which the supplier was empanelled as enrolling agency.

k) If the Supplier fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof.

l) In the event of supplier

I. Engaged in bogus or fraudulent enrolments being done

II. Deploying enrolment staff who are not tested & certified by UIDAI approved ‘Testing and Certification Agency’ for performing enrolment function.

III. Non adherence to the enrolment process defined by UIDAI.

IV. Sub contracting of work allotted under this contract

V. Consistent poor quality of enrolment data

VI. Using biometric devices not certified by UIDAI

VII. Not providing necessary infrastructure at EC.

VIII. Non cooperation during audit conducted by UIDAI, State registrar, SPC or any agency-official appointed by above.

IX. Providing incorrect information to UIDAI. State Registrar and SPC.

m) In the event the Purchaser terminates the Contract in whole or in part, pursuant to Clause GC Clause 2.9.1, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, services similar to those undelivered or not


________________________________________________________________


performed, and the Supplier shall be liable to the Purchaser for any additional costs for such similar services. However, the Supplier shall continue performance of the Contract to the extent not terminated.

2.9.2 By the Supplier-The Suppliers may terminate this Contract, by not less than thirty (30) days’ written notice to the Purchaser, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause GC 2.9.2:

a) If the Purchaser fails to pay any money due to the Supplier pursuant to this Contract and not subject to dispute pursuant to Clause GC 8 hereof within forty-five (45) days after receiving written notice from the Supplier that such payment is overdue.

b) If, as the result of Force Majeure, the Supplier is unable to perform a material portion of the Services for a period of not less than sixty (60) days.

c) If the Purchaser fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof.

d) If the Purchaser is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five(45) days (or such longer period as the Supplier may have subsequently approved in writing) following the receipt by the Purchaser of the Supplier’s notice specifying such breach.

2.9.3 Cessation of Rights and Obligations- Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except

(i) Such rights and obligations as may have accrued on the date of termination or expiration,

(ii) The obligation of confidentiality set forth in Clause GC 3.3 hereof,

(iii) The Supplier’s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GC 3.5 hereof, and

(iv) Any right which a Party may have under the Law.

2.9.4 Cessation of Services- Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Supplier shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents, data, and/ or any other material prepared by the Supplier and equipment and materials furnished by the Purchaser, the Supplier shall proceed as provided, respectively, by Clauses GC 3.9 or GC 3.10 hereof.

2.9.5 Payment upon Termination- Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2, the Purchaser shall make the following payments to the Supplier:


________________________________________________________________


(a) If the Contract is terminated pursuant to Clause GC 2.9.1 (d),(e),(h),(i), (l) or 2.9.2, remuneration pursuant to Clause GC 6.3 (c), (i) hereof for Services satisfactorily performed prior to the effective date of termination;

(b) If the agreement is terminated pursuant of Clause GC 2.9.1 (a) to (c), (f & g) and (j & k), the Supplier shall not be entitled to receive any agreed payments upon termination of the contract. However, the Purchaser may consider making payment for the part satisfactorily performed on the basis of Quantum Merit as assessed by it, if such part is of economic utility to the Purchaser. Applicable under such circumstances, upon termination, the Purchaser may also impose liquidated damages as per the provisions of Clause GC 9 of this agreement. The Supplier will be required to pay any such liquidated damages to Purchaser within 30 days of termination date.

2.9.6 Disputes about Event of Termination: If either Party disputes whether an event specified in paragraphs (a) of through (m) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within thirty (30) days after receipt of notice of termination from the other Party, refer the matter to Clause GC 8 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.

2.10 Extension of Contract- The contract shall be extended for a period as required by the Purchaser based on mutual agreement.

3. OBLIGATIONS OF THE SUPPLIER

3.1 General

3.1.1 Standard of Performance-The Supplier shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Supplier shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Purchaser, and shall at all times support and safeguard the Purchaser’s legitimate interests in any dealings with third Parties.

3.2.1 Suppliers Not to Benefit- The payment of the Supplier pursuant to Clause GC 6 shall constitute the Supplier’s only payment in connection with this from Contract or the Services, and the Supplier shall not accept for Commissions, their own benefit any trade commission, discount, or similar Discounts, etc. payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations under the Contract, and the Supplier shall use their best efforts to ensure that the Personnel and agents of either of them similarly shall not receive any such additional payment.

3.2.2 Prohibition of Conflicting Activities-The Supplier shall not engage, and shall cause their Personnel as well as and their Personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract.


________________________________________________________________


The award of works requires that supplier shall provide professional and objective services and at all times hold the purchaser’s interests paramount, strictly avoid conflicts of interest with other assignments or their own corporate interests and act without any consideration for future work. The fidelity of the enrolment process and the enrolment data shall be maintained at all times.

3.2.3 Without limitation on the generality of the foregoing, supplier, and any of their affiliates a supplier (including its Personnel and Sub- Agencies) that has a business or family relationship with a member of the State Govt/ Respective State Registrar/ UIDAI staff who is directly or indirectly involved in any part of, shall be considered to have a conflict of interest and shall terminated, under any of the circumstances set forth below::

a. The preparation of the Terms of Reference of the project/ assignment.

b. The selection process for such project / assignment.

3.3 Confidentiality-Except with the prior written consent of the Purchaser, the Supplier and the Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Supplier and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services.

a) The supplier shall keep safe, secure & confidential and protect from unauthorized access, loss or damage all demographic, biometric information and all documents, data and information of any nature collected in the course of enrolment of a resident.

b) The supplier shall not store, copy, publish, print, interfere, tamper with or manipulate the information collected in the course of enrolment of a resident.

c) The supplier shall not give access to the information or data collected in the course of enrolment to any person who is not authorized to handle the information or data. The information should only be given to person authorized and only transmitted in the manner prescribed by the purchaser/SPC/UIDAI

3.4 Insurance to be Taken Out by the Supplier-The Supplier (a) shall take out and maintain, at their own cost but on terms and conditions approved by the Purchaser, insurance against the risks, and for the coverage, as shall be specified in the SC; and (b) at the Purchaser’s request, shall provide evidence to the Purchaser showing that such insurance has been taken out and maintained and that the current premiums have been paid.

3.5 Accounting, Inspection –

(a) The Supplier (i) shall keep accurate and systematic accounts and records in respect of the Services hereunder, in accordance with and Auditing internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time changes and costs, and the bases thereof, and (ii) shall periodically permit the Purchaser or its designated representative and/or the Purchaser, and up to five years from expiration or termination of this Contract, to inspect the same and make


________________________________________________________________


copies thereof as well as to have them audited by auditors appointed by the Purchaser or the Purchaser, if so required by the Purchaser or the Purchaser as the case may be.

b. The Purchaser shall have the right to carry out inspection checks, audits of the Supplier’s premises and/ or locations, facilities, or point of delivery of services performed under this contract.

c. The Purchaser shall have the right to carry out scheduled/ un-scheduled visits to any of the locations, enrolment centers manned by the Supplier and oversee the processes and operations of the Supplier

3.6 Sub-contracting-The Supplier shall not be permitted to sub-contract any part of its obligations, duties, or responsibilities under this contract. All supervisors, operators, technical staff and managerial staff for the project to be paid at least Minimum Wages and should follow all relevant Labor laws in the State. The payment should be made through banking channels only.

3.7 Reporting Obligations- The Supplier shall submit to the Purchaser the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.

3.8 Rights of Use- All rights of use of any process, product, service, or data developed, generated, or collected, or any other task performed by the Supplier under the execution of the contract, would lie exclusively with the Purchaser or its nominated agencies in perpetuity free from all liens, encumbrances, and other third party rights and the Supplier shall, wherever required, take all step that may be necessary to ensure the transfer of such rights in favor of the Purchaser or its nominated agencies.

3.9 Equipment, Vehicles and Materials Furnished by the Purchaser-Equipment, vehicles and materials made available to the Supplier by the Purchaser, shall be the property of the Purchaser and shall be marked accordingly. While in possession of such equipment, vehicles and materials, the Supplier, unless otherwise instructed by the Purchaser in writing, shall insure them at the expense of the Purchaser in an amount equal to their full replacement value.

3.10 Equipment and Materials provided by the Suppliers- Equipment or materials brought into India by the Supplier and used either for the Project or personal use shall remain the property of the Supplier or the Personnel concerned, as applicable.

3.11 Intellectual Property Rights(IPR)- The intellectual property rights to all the outputs, deliverables, data, reports developed during the execution of this Contract shall remain sole property of the Purchaser.

3.12 Assignment- The Supplier shall not assign, in whole or in part, their obligations under this Contract.

4. SUPPLIER’S PERSONNEL

4.1 General- The Supplier shall employ and provide such qualified and experienced Personnel, in accordance with UIDAI guidelines, to carry out the Services.


________________________________________________________________


4.2 Project Manager-If required by the purchaser, the Supplier shall ensure that at all times during the Supplier's performance of the Services, a project manager, acceptable to the Purchaser, shall take charge of the performance of such Services.

5. OBLIGATIONS OF THE PURCHASER

5.1 Assistance and Exemptions - Unless otherwise specified in the Special Condition (SC), the Purchaser shall use its best and efforts to ensure that the State Registrar/Nodal Departments shall:

(a) Issue all such instructions as may be necessary or appropriate to officials, agents and representatives of the Government for the prompt and effective implementation of the Services.

(b) Provide to the Supplier and Personnel any such other assistance as may be specified in the SC.

(c) Other assistance/ exemption as specified in SC 5.1 (c)

5.2 Services, Facilities and Property of the Purchaser-

(a) The Purchaser shall make available to the Supplier and its and Personnel, for the purposes of the Services and free of any charge, the services, facilities and property described in the Purchaser Appendix D at the times and in the manner specified in said Appendix.

(b) Incase that such services, facilities and property shall not be made available to the Supplier as and when specified in Appendix D, the Parties shall agree on any time extension that it may be appropriate to grant to the Supplier for the performance of the Services.

5.3 The purchaser shall appoint and notified one officer of appropriate authority as a single point of contact (SPOC) for coordinating all activity, receiving and sending information/ documents, reports, submission of payment and authorization/approval request that may be required as a part of this assignment.

5.4 Payment- In consideration of the Services performed by Contract, the Purchaser shall make to the Supplier such payments and in such manner as is provided by Clause GC 6 of this Contract.

5.5 Counterpart Personnel-

(a) If necessary, the Purchaser shall make available to the Supplier free of charge such professional and support counterpart personnel, to be nominated by the Purchaser with the Supplier's advice, if specified in Appendix D.

(b) Professional and support counterpart personnel, Excluding Purchaser’s liaison personnel, shall work under the exclusive direction of the Supplier. If any member of the counterpart personnel fails to perform adequately any work assigned to such member by the Supplier that is consistent with the position occupied by such member, the Supplier may request the replacement of such member, and the Purchaser shall not unreasonably refuse to act upon such request.


________________________________________________________________


6. PAYMENTS TO THE SUPPLIER

6.1 Total Cost of Services-

(a) The total cost of the Services payable is set forth in Appendix C as per the Supplier's proposal to the Purchaser and as negotiated thereafter.

(b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause GC 6.1(c), payments under this Contract shall not exceed the amount specified in Appendix-C.

(c) Notwithstanding Clause GC 6.1(b) hereof, the Parties shall agree that additional payments shall be made to the Supplier in order to cover any necessary additional expenditures not envisaged in the cost estimates referred to in Clause GC 6.1(a) above, the ceiling or ceilings, as the case may be, set forth in Clause GC 6.1(b) above shall be increased by the amount or amounts, as the case may be, of any such additional payments.

6.2 Currency of Payment - All payments shall be made in Indian National Rupees

6.3 Terms of Payment-The payments in respect of the Services shall be made as follows:

(a) The Supplier shall submit the invoice for payment when the payment is due as per the agreed terms. The payment shall be released as per the work related milestones achieved and as per the specified percentage as per SC.

(b) All payments under this Contract shall be made to the accounts of the Supplier specified in the SC.

(c) In case Of early termination of the contract, the payment shall be made to the Supplier as mentioned here with:

(i) Assessment should be made about work done from the previous payment period, for which the payment is made or to be made till the date of the termination. The Supplier shall provide the details of the services performed during this period with supporting documents. Based on such details, the remuneration shall be calculated based on the rate as specified.

(ii) All payments for any enrolment operations undertaken be subject to approvals from Government of India on the continuation of this scheme.

7. GOOD FAITH

7.1 Good Faith-The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

7.2 Operation of the Contract-The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or


________________________________________________________________


causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause GC 8 hereof.

8. SETTLEMENT OF DISPUTES

8.1 Amicable Settlement-Performance of the contract is governed by the terms & conditions of the contract, in case of dispute arises between the parties regarding any matter under the contract, either party of the contract may send a written Notice of dispute to the other party and attempt to reach an amicable settlement through the following method:

a) The matter shall be referred to a three member expert committee constituting of the Principal Secretary, Planning, Economics and Statistics, Secretary/Principal Secretary - Information Technology, govt of MP and Deputy Director General (RO Delhi)-UIDAI.

b) The three member expert committee shall hear the representations of both the sides and pass its verdict to resolve the issue in an amicable manner, which shall be applicable to both the parties. If the dispute cannot be amicably settled or either parties is not satisfied with the proposed solution within 60 days, clause GC 8.2 shall become applicable.

8.2 Arbitration- (a) In the case of dispute arising upon or in relation to or in connection with the contract between the Purchaser and the Supplier, which has not been settled amicably, any party can refer the dispute for Arbitration under (Indian) Arbitration and Conciliation Act, 1996. Such disputes shall be referred to an Arbitral Tribunal consisting of 3 (three) arbitrators, one each to be appointed by the Purchaser and the Supplier, the third arbitrator shall be chosen by the two arbitrators so appointed by the parties and shall act as Presiding Arbitrator. In case of failure of the two arbitrators, appointed by the parties to reach a consensus regarding the appointment of the third arbitrator within a period of 30 days from the date of appointment of the two arbitrators, the Presiding arbitrator shall be appointed by the authority specified in SC 8.2 (a). The Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof, shall apply to these arbitration proceedings.

(b) Arbitration proceedings shall be held in India at the place indicated in SC 8.2 (b) and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English.

(c) The decision of the majority of arbitrators shall be final and binding upon both parties. The expenses of the arbitrators as determined by the arbitrators shall be shared equally by the Purchaser and the Supplier. However, the expenses incurred by each party in connection with the preparation, presentation shall be borne by the party itself. All arbitration awards shall be in writing and shall state the reasons for the award.


________________________________________________________________


9. LIQUIDATED DAMAGES

9.1 The parties hereby agree that due to negligence of act of any party, if the other party suffers losses, damages the quantification of which may be difficult, and hence the amount specified hereunder shall be construed as reasonable estimate of the damages and both the parties agree to pay such liquidated damages, as defined hereunder as per the provisions of this Contract.

9.2 The amount of liquidated damages for services under this Contract shall not exceed the Contract Price.

9.3 The liquidated damages shall be applicable under the following circumstances:

(a) Except as provided under GC 2.7, if the Supplier fails to perform the services within the period specified in the Contract, the Purchaser may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to 0.5% of the value of the services supplied beyond stipulated delivery schedule for each week or part thereof of delay until actual delivery of performance, subject to a maximum of 10% of the value of the such services.

(b) All the penalties that has been imposed by UIDAI as per its guidelines and time to time notification for not adhering to biometric and demographic data quality and timelines for upload of the resident data packets collected as a part of enrolment function. In addition, the Supplier is liable to the Purchaser for payment of penalty as specified in the section 12 of the referred RFQ.

(c) If the services supplied do not meet the minimum specifications and standards as per the Contract, and the same is not modified to meet the requirements within 14 days of being informed by the Purchaser, the Purchaser shall be free to impose penalty as given in RFQ or may deemed fit by the Purchasers. In addition, the Purchaser shall reserve the right to terminate the contract and recover the liquidated damages by forfeiting the performance guarantee submitted by the Supplier

10. ADHERENCE TO RULES & REGULATIONS

10.1 Adherence to Safety Procedures, Rules, Regulations & Regulations-

(a) The Supplier shall comply with the provisions of all law Safety including labour laws, rules, regulations and notifications Procedures, issued there under from time to time. All safety and labour laws Rules, enforced by statutory agencies and by Purchaser shall be Regulations, applicable in the performance of this Contract and the Supplier & Restrictions shall abide by these laws.

(b) Access to the data centre/ data processing sites and Purchaser’s locations shall be restricted to only essential personnel belonging to the Supplier who are genuinely


________________________________________________________________


required for execution of work or for carrying out management/ maintenance who have been explicitly authorized by the Purchaser. The Supplier shall maintain a log of all activities carried out by each of its personnel.

(c) The Supplier shall take all measures necessary or proper to protect the personnel and facilities and shall observe all reasonable safety rules and instructions. The Supplier shall adhere to all security requirement/regulations of the Purchaser during the execution of the work.

(d) The Supplier shall report as soon as possible any evidence, which may indicate or is likely to lead to an abnormal or dangerous situation and shall take all necessary emergency control steps to avoid such abnormal situations.

(e) The Supplier shall at all times indemnify and keep indemnified the Purchaser for any situation arising out of this clause while providing its services under the Project.

11. LIMITATION OF LIABILITY

11.1 Limitation of Liability-Except in case of gross negligence or willful misconduct:

(a) Neither party shall be liable to the other party for any indirect or consequential loss or damage, loss of use, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaser; and

(b) The aggregate liability of the Supplier to the Purchaser whether under the Contract, in tort, or otherwise, shall not exceed the amount specified in the Contract Price Provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Supplier to indemnify the Purchaser with respect to patent infringement.

12. MISCELLANEOUS PROVISIONS

12.1 (i) Any failure or delay on part of any Party to exercise right or Power under this Contract shall not operate as waiver thereof.

(ii) The Supplier shall notify the Purchaser of any material Change in their status, in particular, where such change would impact on performance of obligations under this Contract.

12.2 Each member/constituent of the Supplier, in case of a Consortium shall be jointly and severally liable to and responsible for all obligations towards the Purchaser for performance of works/ services under the Contract.

12.3 Indemnity: The supplier will indemnify State Govt/ State Registrar (s) against any misuse of its Name and Logo. For any such misuse the supplier themselves will be held responsible. State Govt/ SPC/ Respective State Registrar/ UIDAI will take necessary


________________________________________________________________


actions for such cases and will not be responsible for any miscommunication or harm caused to any party because of any misrepresentation of its name and logo by the applicant.

12.4 The Supplier shall at all times indemnify and keep indemnified the Purchaser against;

a. all claims/damages etc. for any infringement of any Intellectual Property Rights (IPR) while providing its services under the Project.

b. any claims in respect of any damages or compensation payable in consequences of any accident or injury sustained or suffered by its employees or agents or by any other third Party resulting from or by any action, omission or operation conducted by or on behalf of the Supplier.

c. any and all claims by Employees, agent(s), employed engaged or otherwise working for the Supplier, in respect of wages, salaries, remuneration, compensation or the like.

12.5 All claims regarding indemnity shall survive the termination or expiry of the Contract.

12.6 Supplier have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of this project, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Agency or the termination of its contract.

12.7 All materials/services provided to the Purchaser by bidder are subject to Country and Madhya Pradesh public disclosure laws such as RTI etc.

12.8 The Supplier shall not make or permit to be made a public announcement or media release about any aspect of the Contract without a written consent from the Purchaser


________________________________________________________________


3. Special Conditions of Contract The following Special Conditions of Contract (SCC) shall supplement the General

Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall

prevail over those in the GCC. (Clauses in brackets { } are optional; all notes should be deleted in final text)

Number Amendments of, and Supplements to, Clauses in The

Of GC General Conditions of Contract

Clause

1.5 The addresses are:

Purchaser: <Designation>

Attention: <Address>

Facsimile:

E-mail:

Supplier:

Attention:

Facsimile:

E-mail:


________________________________________________________________


{1.8} {The Supplier is [insert name]}

1.8 The Authorized Representatives are:

For the Purchaser: Name of Officer

For the Supplier:

2.1 The effective date of the Contract:

2.3 The date for the commencement of Services: <Within 10 days from the signing of the contract between the Purchaser and the Supplier>

2.4 The time period shall be: <Enter number of months/ end date>

3.4 The risks and the coverage shall be as follows:

a) Third Party motor vehicle liability insurance in respect of motor vehicles

operated in India by the Supplier or its Personnel, with a minimum

coverage as per Motor Vehicles Act 1988;

b) Third Party liability insurance, with a minimum coverage of the value of the contract

c) Professional liability insurance, with a minimum coverage of the value of

the contract

d) Purchaser’s liability and workers’ compensation insurance in respect of the

Personnel of the Supplier and in accordance with the relevant provisions

of the Applicable Law, as well as, with respect to such Personnel, any such

life, health, accident, travel or other insurance as may be appropriate; and

e) Insurance against loss of or damage to (i) equipment purchased in whole

or in part with funds provided under this Contract, (ii) the Supplier’s

property used in the performance of the Services, and (iii) any outputs

prepared by the Supplier in the performance of the Services. 5.1 (c) The Purchaser shall provide the following assistance and exemptions to the

Supplier for the effective implementation of the services under this Contract:

<The Purchaser may include the relevant provisions here>

6.1 The amount in Indian Rupees (INR) is [insert amount].


________________________________________________________________


6.3 General terms and conditions of Payment Schedule

All payments shall be made by the Purchaser in favor of the Supplier

The release of payments will be Performance (output) based, where the

payments are made for measured deliverables and outputs.

Supplier shall obtain sign-off for each milestone completed from the Purchaser and raise invoice against the same.

Eligible Payments (once the UID is generated and the respective amount

towards generated UID is released by UIDAI to the State Registrar)

against invoice submitted (accompanied with all requisite documents)

shall be released within 60 days of submission of invoice.

Power to withhold: Notwithstanding anything contained in the payment

schedule mentioned below, if in the opinion of the Purchaser, any work

done or supply made or service rendered by Supplier is deficient in any

manner in comparison to the prescribed standards, Purchaser shall be at

liberty to withhold a reasonable portion of the payments due to the

Supplier, till such work/ supply/ service is made confirming to the

prescribed standards. These powers to withhold payments shall be

without prejudice to any other power/ right of the purchaser under this

contract.

7) All payments under this Contract shall be made to the account of the

Supplier with (Bank & A/c No.):

Payments will be made by the Purchaser to the Supplier as per Contract Value

quoted in the Formats for Financial Bid and agreed in the Contract, as follows:

Payment Schedule

<Insert Payments Schedule here>

8.2 (a)

Principal Secretary to the Govt of MP, Department of Planning, Economics & Statistics

8.2 (b) The Arbitration proceedings shall take place in Bhopal (MP) in India.


________________________________________________________________


Appendices to contract APPENDIX A - DESCRIPTION OF SERVICES [Note: This Appendix will include the final Statement of Work (SOW), dates for completion of

various tasks, locations of performance for different tasks/ activities, specific tasks/ activities

/outcomes to be reviewed, tested and approved by Purchaser, etc.]


________________________________________________________________


APPENDIX B – REPORTING REQUIREMENTS [List format, frequency and contents of reports; persons to receive them; dates of submission, number of copies, etc. If no reports are to be submitted, state here "Not applicable".]


________________________________________________________________


APPENDIX C – TOTAL COST OF SERVICES (Include here the rates quoted in the financial bid or the negotiated rates, whichever is applicable)


________________________________________________________________


APPENDIX D – DUTIES OF THE PURCHASER (Include here the list of Services, facilities and property to be made available to the Supplier by the Purchaser).


________________________________________________________________


APPENDIX E – FORM OF BANK GUARANTEE BOND 1. In consideration of the President of India (hereinafter called 'the Government') having

agreed to exempt _______________________________ [hereinafter called 'the said

Supplier(s)'] from the demand, under the terms and conditions of an Agreement dated

___________ made between _______________________________________________ and___________________________________ for_____________ (hereinafter called 'the

said Agreement'), of security deposit for the due fulfillment by the said Supplier(s) of the

terms and conditions contained in the said Agreement, on production of a bank Guarantee

for Rs. __________ (Rupees______________________________________ Only) We,

______________________________________________________________,

(hereinafter referred (indicate the name of the bank) to as 'the Bank') at the request of _________________________________________________ [supplier(s)] do hereby undertake to pay to the Government an amount not exceeding Rs. ______________ against any loss or damage caused to or suffered or would be caused to or suffered by the

Government by reason of any breach by the said Supplier(s) of any of the terms or

conditions contained in the said Agreement. 2. We _______________________________________________________ (indicate the

name of the bank) do hereby undertake to pay the amounts due and payable under this

guarantee without any demur, merely on a demand from the Government stating that the

amount claimed is due by way of loss or damage caused to or would be caused to or

suffered by the Government by reason of breach by the said supplier(s) of any of the terms

or conditions contained in the said Agreement or by reason of the supplier (s)' failure to

perform the said Agreement. Any such demand made on the bank shall be conclusive as

regards the amount due and payable by the Bank under this guarantee. However, our

liability under this guarantee shall be restricted to an amount not exceeding Rs.

_______________.

3. We undertake to pay to the Government any money so demanded notwithstanding

any dispute or disputes raised by the supplier(s) in any suit or proceeding pending before

any Court or Tribunal relating thereto our liability under this present being absolute and

unequivocal. The payment so made by us under this bond shall be a valid discharge of our

liability for payment thereunder and the supplier(s) shall have no claim against us for

making such payment.


________________________________________________________________


4. We,_____________________________________________________________ (indicate

the name of bank) further agree that the guarantee herein contained shall remain in full

force and effect during the period that would be taken for the performance of the said

Agreement and that it shall continue to be enforceable till all the dues of the Government

under or by virtue of the said Agreement have been fully paid and its claims satisfied or

discharged or till__________________________________ Office/Department/Ministry

of________________________________ certifies that the terms and conditions of the said

Agreement have been fully and properly carried out by the said supplier (s) and accordingly

discharges this guarantee. Unless a demand or claim under this guarantee is made on us in

writing on or before the ______________ _____________________________ we shall be

discharged from all liability under this guarantee thereafter. 5. We, ______________________________________________ (indicate the name of

bank) further agree with the Government that the Government shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary

any of the terms and conditions of the said Agreement or to extend time of performance by

the said supplier (s) from time to time or to postpone for any time or from time to time any

of the powers exercisable by the Government against the said Supplier (s) and to forbear or

enforce any of the terms and conditions relating to the said agreement and we shall not be

relieved from our liability by reason of any such variation, or extension being granted to the

said Supplier (s) or for any forbearance, act or omission on the part of the Government or

any indulgence by the Government to the said Supplier (s) or by any such matter or thing

whatsoever which under the law relating to sureties would, but for this provision, have

effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Supplier(s). 7. We, ________________________________________ (indicate the name of bank)

lastly undertake not to revoke this guarantee during its currency except with the previous

consent of the Government in writing.

8. Dated the ____________ day of ___________ _____ for _____________________

(Indicate the name of the Bank)


________________________________________________________________
