INDEX Section Title Page numbers · Canteen shall be strictly as per ANNEXURE - IV. 2.2 The Supply of items at the Canteen shall be against coupons printed and issued by Authorised

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TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731 Dated: 05/11/2018

SUB: Providing Canteen services in the Corporate Office premises at KIOCL

Limited, Koramangala II Block, Bangalore, Karnataka State – 560 034.

INDEX

Section

Title

Page

numbers

A1

Invitation to tender

(Techno-commercial Bid)

2 - 7

A2 Instruction to tenderers & terms and conditions

8 - 11

B Special Conditions of Contract

12 - 18

C

Business rule and terms & conditions of online

price bidding cum e- reverse auction

19 - 27

D Integrity Pact 28-35

ANNEXURE – I Wage Slip 36

ANNEXURE – II Day wise Menu 37

ANNEXURE – III Canteen Timings 38

ANNEXURE – IV Schedule of Items 39 – 40

ANNEXURE – V Price Bid 41 - 42

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Section – A1

INVITATION TO TENDER

Techno-Commercial Bid


KIOCL Limited invites open tenders under two bid system from reputed,

resourceful, competent & experienced Agencies in running office canteen in

Government / PSUs/ Educational Institutions / Private Institutions for providing

Canteen services in the Corporate Office premises at KIOCL Limited,

Koramangala II Block, Bangalore, Karnataka State – 560 034.

Bidders can also collect the tender documents on all working days from the Office

of the AGM (Admn), KIOCL Limited, Bangalore from 05/11/2018 till 26/11/2018,

01.00 PM on all working days or download from our official web site

www.kioclltd.in.

Quotations shall be submitted in accordance with the tender terms and

conditions. The last date for submission of sealed bid is 26/11/2018 till 03.00 PM.

KIOCL Limited reserves the right to reject any or all the bids without assigning

any reason whatsoever and without any liability.

Clarification required, if any, may be forwarded in advance. Subsequently

amendments to tender terms and conditions, if any, shall be informed. Offers

shall be submitted in accordance with the tender terms and conditions and the

amendments issued, if any. The last date for submission of bids is 26/11/2018 till

03.00 PM.

KIOCL Limited (Formerly Kudremukh Iron Ore Company Limited):

KIOCL LIMITED, the country‟s prestigious 100% export oriented unit and Mini

Rathna Company, having its Pelletisation Complex and Pig Iron Complex at

Mangalore, is engaged in the business of manufacturing and exporting high

quality Iron Oxide Pellets and supply of pig iron for domestic market. An ISO-

9001:2008, ISO-14001:2004 certified company also compliant with OHSAS:

18001:2007 certifications for Occupational Health and Safety Management

System, has its Corporate Office at Bangalore.

1. Name of Work : Providing Canteen services in the Corporate Office

premises at KIOCL Limited, Koramangala II Block, Bangalore, Karnataka

State – 560 034.

2. Scope of Services:

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2.1 The caterer shall supply wholesome and hygienically prepared meals and

other eatables, snacks, beverages, tea / coffee as per item list at

ANNEXURE - II the MENU and ANNEXURE – IV the SCHEDULE OF ITEMS

on the basis of agreed rates, on all days of the year excluding Sundays

and Holidays at the Corporate Office premises of KIOCL Limited,

Koramangala II Block, Bangalore- 560 034. The caterer shall arrange

additional services on an emergency basis as required by the Authorised

Officer of the Company. Preparation and Supply Hygiene food stuff at the

Canteen shall be strictly as per ANNEXURE - IV.

2.2 The Supply of items at the Canteen shall be against coupons printed and

issued by Authorised Officers of the Company. No cash Transactions are

permitted in the canteen.

2.3 Time table for the services shall be as per the ANNEXURE – III hereto

which shall be adhered to by the Caterer without fail. All foodstuff

prepared in canteen shall be served hot and in time.

2.4 Only vegetarian items are allowed. Consumption and preparation of non-

vegetarian items by Caterer‟s employees/ personnel is prohibited in the

canteen premises. Alcohol consumption is strictly prohibited and the

Caterer should ensure that his employees do not indulge in the same.

2.5 The Caterer at his own cost shall provide the required consumables, raw

material and provisions of high quality of proven brand for the

preparation of meals and other eatables, snacks, beverages as required.

These materials shall be liable to spot examination by the authorised

officer of the company for ensuring quality from time to time. The caterer

shall maintain the required quantity of provisions, vegetables and other

items to run the canteen smoothly without any hindrance and without

giving any room for shortage at any time and shall be stored in a hygienic

condition.

2.6 The scope given above is indicative but not exhaustive. This does not,

exonerate the caterer from any responsibility / task which may be

required / deemed to be essential for efficient operation of the services

and any tasks that may be assigned to the caterer by the company from

time to time.

2.7 Caterer should be in a position to bring in manpower required to serve

approximately 100 to 160 persons.

3. Period of Work: The initial contract shall be for a period of 01(one) year

from the date of commencement of work as would be mentioned in the

Work Order/LOI with a provision to extend for two more years on

satisfactory service, on the same terms & conditions and rate escalation of

7.5% on yearly basis of the total value of the contract for the two

succeeding years. The period may be extended or curtailed at the sole

discretion of the company.

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4. PROFORMA FOR EVALUATION OF PRE-QUALIFICATION OF

BIDDERS

The agencies who are submitting their offers must furnish the following

details along with documentary evidence of their claims. However, any

surrogated submission in any form will disqualify them from consideration.

GENERIC

Name of the

Agency

Postal

Address

Communication

Address

Contact

Person

Emergency

contact mode /

Number /e-mail id

SPECIFIC

Sl. No. Description Minimum Required

1. Highest value of similar nature of work

executed in any single year during last 7 years

(i.e., from 2011-12 to 2017-18).

Note :-

Providing canteen services to PSU‟s,

Central Govt., State Govt. offices /

Undertakings / PSBs / Educational

Institutions / Private Institutions.

Should have atleast three years of

experience in running canteen services.

Copies of the work orders shall be

furnished along with work completion

certificates.

i) Three (3) similar

completed works

costing not less than

Rs.12 lakhs.

OR

ii) Two (2) similar

completed works

costing not less than

Rs.15 lakhs.

OR

iii) One (1) similar

completed work costing

not less than Rs.24

lakhs.

2. Do you have experience in running office

Canteen in the past three years in Government

Dept. / PSU‟s/Public Limited Company/

Institutions which shall be supported by

experience certificate.

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3. Total No. of persons employed by you as on

date.

4. PAN No. (Mandatory)

5. BANK DETAILS:

(i) Name of the Bank & Branch

(ii) Type of Account

(iii) Account No.

(iv) MICR No. / IFSc

(v) Branch code

5. Tender documents

The tender document consists of:

Sl.

No

Particulars

a) Limited Tender Notice

b) Invitation to tender (Techno - commercial Bid) at Section – A1

c) Instruction to tenderers & terms and conditions at Section – A2

d) Special Conditions of Contract at Section - B

e) Business rule and terms & conditions of online price bidding

cum e-reverse auction at Section - C

f) Integrity Pact at Section - D

g) Wage Slip – ANNEXURE -I

h) Day wise Menu – ANNEXURE - II

i) Canteen Timings – ANNEXURE – III

j) Schedule of Items – ANNEXURE – IV

k) Price Bid – ANNEXURE - V

6. Tender Document with necessary details will be available on all working

days from 05/11/2018 till 26/11/2018, 01.00 PM at the office of

AGM(Admn), Administration Department, Koramangala, 2nd Block,

Bangalore –560 034, Karnataka State and in our official web site

www.kioclltd.in

7. Sealed bids in two bid system, i.e., Technical Bid and Financial Bid in a

separate sealed covers clearly writing the name and address of the

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tenderer with rubber stamp on each cover shall be submitted in the

manner as mentioned below:

a) First sealed Envelope superscribed as “Technical Bid (Un Priced) –

Providing Canteen services in the Corporate Office premises at KIOCL

Limited, Koramangala II Block, Bangalore, Karnataka State – 560 034”,

shall contain all the above tender documents at 5 (a) to (j) above duly

filled-in and documents in support of pre-qualification with official seal &

signature on all pages but without any mention of rates & prices.

First envelope shall also contain “EARNEST MONEY” in the form of

Demand Draft as per clause 8 below.

b) Second sealed Envelope superscribed as “Financial Bid (Priced) -

Providing Canteen services in the Corporate Office premises at KIOCL

Limited, Koramangala, II Block, Bangalore, Karnataka State – 560 034”

shall contain prices filled in strictly as per format 5 (k) Price Bid above,

i.e., Price Bid at ANNEXURE - V and no other additional papers to be

enclosed there in. c) Both the above envelopes should be kept in another cover and sealed

and superscribed as “Bid - Providing Canteen services in the Corporate

Office premises at KIOCL Limited, Koramangala II Block, Bangalore,

Karnataka State – 560 034” and addressed to Assistant General

Manager (Admn), KIOCL Limited, II Block Koramangala, Sarjapur Road,

BANGALORE – 560 034 and shall be submitted to his office till 03.00 PM of

26/11/2018. Offers received late are liable for rejection.

8. EMD: The bid shall be accompanied by an Earnest Money Deposit of Rs. 30,000/- (Rupees Thirty Thousand only) in the form of Demand draft

from any Nationalized Bank in favour of “KIOCL LIMITED” payable at

Bangalore. Bids not accompanied with EMD are liable for rejection.

EMD will be forfeited if the tenderer withdraws or alter / modify the tender

terms in any respect within the period of validity specified in the tender

document after the due date of submission of bids.

EMD shall be returned after submission and acceptance of the initial

Security Deposit / adjustable towards security deposit in the case of

successful bidder. However, the same shall be returned to the unsuccessful

bidders without any interest immediately after the award of work to the

successful bidder.

9. The sealed bids shall be submitted to Assistant General Manager(Admn),

Administration Department, KIOCL Limited, II Block, Koramangala,

Bangalore – 560 034 till 03.00 PM on 26/11/2018. Further to the submission

of the bids, un-priced (Technical) bids will be opened on the same day at

4.00 PM in presence of the tenderers or their authorized representatives.

After ascertaining the techno-commercial suitability of the offers, the

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Financial Price bids of techno-commercially acceptable offers will be

opened on a specified date which will be communicated to the bidders in

advance for participation to witness the same.

10. Acceptance of the bid will be intimated to successful bidder through a

Letter of Intent (LOI) and this letter will be treated as authorization for

award of work. The bidder shall sign the said copy of LOI and send to

KIOCL Limited within five days (5) from the date of receipt of the same. In

the event of failure on the part of the bidder to sign and return the LOI

within the specified time, the EMD shall be liable to be forfeited at the sole

discretion of the owner.

11. The bid shall be valid for a period of “Three (03) months” from the due

date of receipt of the technical bid.

12. KIOCL reserves the right to Re-Tender (or) to extend the due date of

submission of offer, if response to tender is not adequate or otherwise.

13. KIOCL reserves the right to modify the tender documents at any stage

before the due date of tender. The tenderers are advised to note any

updated information in the website from time to time.

KIOCL Limited decision shall be final & no correspondence shall be

entertained in this regard

14. There will be no negotiation & order will be placed on the L-1 offer. The

total price will be considered for finalizing the L-1 bidder, and hence

bidders are requested to quote competitive rates.

15. On submission of the tender, it is deemed that bidders have read,

understood and agreed to the entire tender document.

16. The Company reserves the right to accept or reject any or all tenders

without assigning any reason whatsoever.

Assistant General Manager (Admn)

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Section – A2

INSTRUCTIONS TO TENDERERS & TERMS AND CONDITIONS


1. Tenderers are advised to go through all the documents including Annexure

and affix the signature on each page with seal.

2. Tenders not properly filled, over-written or with arithmetical mistakes,

delayed or generally not complying with the conditions are liable to be

rejected.

3. Each tenderer shall furnish EMD of Rs. 30,000/- (Rupees Thirty Thousand

only) in the form of Demand Draft in favor of KIOCL Limited, payable at

Bangalore with the tender. Cheque will not be accepted. The EMD will be

refunded to the unsuccessful tenderer/s after award of work within a

reasonable time without any interest. In the case of successful bidder, the

EMD shall be returned without interest after submission and acceptance of

the initial Security Deposit (SD).

4. The tenderer shall make no alterations in the tender documents, if found,

such bid will be rejected.

5. The acceptance of a tender will rest with the KIOCL Limited Bangalore, who

reserves the right to reject any or all the tenders without assigning any

reason.

6. EVALUATION AND COMPARISON OF BIDS:

The detailed process for BID Evaluation is as follows:

a) First Stage : Techno-Commercial Bid Evaluation :

The techno-commercial offers received from the bidders will be

evaluated as per the tender terms and conditions of the NIT. The Tender

Committee may call the bidders/bidders representatives for detailed

techno-commercial discussions, clarifications, presentation if required.

The names of techno-commercially qualified bidders will be intimated

for participation in the online price bidding cum reverse action and for

subsequent opening of the Price bids (i.e., sealed price bid received

along with the bid).

b) Second Stage : Online Price bidding cum Reverse Auction and

Collection of online final price bid history from service provider:

As per prevailing guidelines, KIOCL shall be conducting Online Price

bidding cum Reverse Auction prior to opening of price bids. All

techno-commercially acceptable bidders who have accepted business

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rules provided by our service provider are eligible to participate in the

online price bidding cum reverse auction. After the online price

bidding cum reverse auction, KIOCL will collect the final price

comparative statement from service provider.

c) Third Stage : Composite price comparative statement

After the receipt of final online price bid cum reverse auction

comparative statement from the service provider, the sealed price bids

of all the Techno-commercially acceptable tenderers, irrespective of

whether they have participated in the Online price bidding cum

Reverse Auction or not, shall be opened within a short duration i.e.,

within 2 to 4 working days.

Based on the prices so received, through Online price bidding cum

Reverse Auction and the Sealed price bids received along with the

techno-commercial offer, a composite price comparative statement

shall be made considering the lower of the prices (i.e., sealed price bid

prices & final online prices) of all the tenderers. Placement of the order

shall be considered on the L1 price so arrived.

Note :

a) During the online price bidding cum reverse auction, if no bid is received

within the specified time, then KIOCL, at its discretion may scrap the

online price bidding cum reverse auction process and open only sealed

price bids of those bidders who are techno-commercially qualified for

opening of Price bids.

b) In case of offers which contain price details / partial price details of the

prices in the Techno-Commercial bid, sealed price offer only shall be

considered for evaluation.

c) In case two or more firms quote exactly same rates in e-reverse auction; In

such cases, the firm who has quoted the lowest price in the hard copy of

the price bid shall be considered as L1.

d) In case Reverse auction is conducted, where there is a response from

bidders, composite price comparative statement shall be made based on

the percentage increase on the total amount on the Schedule of Items at

ANNEXURE –IV.

e) There will be no negotiation & order will be placed on the L-1 offer.

Hence, bidders are requested to quote competitive rates against schedule

of works.

7. No overwriting, corrections, insertion shall be permitted in any of the tender

unless duly counter signed by the tenderer. The tender should be filled in

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and submitted in strict accordance with the instructions laid down herein

otherwise the tender is liable to be ignored.

8. Individual signing the tender or other documents connected with the tender

must specify whether the signs as ;

(i) A sole proprietor of the concern or authorised attorney of such sole

proprietor.

(ii) A partner of the firm if it is a partnership firm, in which he must have

authority to execute contracts on behalf of the firm and refer to

arbitration disputes concerning the business of the partnership either

by virtue of partnership agreement or by a power of attorney duly

executed by the partners of the firms.

(iii) Director or Principal Officer duly authorized by the Board of

Directors of the company.

9. In case of (ii) a copy of the partnership deed or general power of Attorney,

in either case attested by a Notary Public should be furnished or an affidavit

on stamp paper duly sworn or affirmed by all the partners admitting

execution of the partnership agreement or the general power of attorney

should be furnished. The attested copy of the certificate or registration of

firm should be attached along with the tender papers. In case of partnership

firm. Where no authority to refer dispute concerning the business of the

partnership has been conferred on any partner, the tender and all other

related documents must be signed by all the partners of the firm. In case of

(iii) the person signing the tender should be authorized by a resolution

passed by the board of directors and a copy of the resolution attested by the

Principal Officer should be attached.

10. The tenderer shall sign each and every page of the tender documents and

submit in the appropriate part of the bid.

11. Tenders not received in the prescribed forms as specified in the Invitation to

tender will be liable for rejection.

12. Non-submission of duly filled in & signed form of tender shall make the

tender liable for rejection.

13. The tenderer shall quote for the entire tendered quantity as per scope of

work. The tenderer shall be ranked L-1, L-2,…… etc. on the basis of quoted

rate(composite amount of derived value for all the tendered items) i.e.

lowest rate shall be ranked as L-1 and so on.

14. Price Bid : The tenderer(s) shall submit the price bid (ANNEXURE - V) as per

the format given herein as “Schedule of quantities” .

15. Tenders containing overwriting or erasing, without authentication with full

signature on the page(s) of “Schedule of Quantities” (Price Bid) and amount/

quantity not shown in figures and words will be liable for rejection.

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16. The rates & quantities quoted in the tender by the tenderer shall be in figure

as well as in words. In case of discrepancy in the rate(s) amount/ quantities

between figure and words, the value written in words shall be taken as

finally quoted rate(s)/ amount/ quantities.

17. The rates in the tender shall cover all statutory duties/ taxes/ levies, as on

date of tender, including service tax and educational cess thereon.

18. Conditional tenders shall be liable to be rejected. Tenderer must go through

all the terms and conditions provided in the set of tender document and

submit bonafide offer.

19. Any request from the tenderer in respect of additions, alterations,

modifications, corrections etc. of either terms & conditions or arithmetical

correction or correction on account of overwriting/erasing of rates of his

tenders after opening of the tenders, shall not be entertained under any

circumstances. If the tenderer withdraws his tender after opening of the

tender, but before the expiry of the validity period of the tender, the Earnest

Money shall be forfeited.

20. Acceptance of the tender will be intimated to the successful tenderer by a

Letter of Intent (LOI) / Work Order. The contractor shall then be required to

deposit SD within the time specified in the Letter of Intent / Work Order

21. The date of commencement of canteen service will be as per the date

indicated in the LOI / Work Order.

22. Canvassing in any form is strictly prohibited and tenders submitted by the

tenderer who resort to canvassing, will be liable for rejection.

23. Tender shall be properly bound and submitted.

24. This tender is not transferable.

25. It shall be the responsibility of the persons submitting the tender to ensure

that the bids have been submitted in the formats and as per the terms and

conditions prescribed in the tender / KIOCL Website and no change is made

therein before submission of their tender. In the event of any doubt

regarding the terms and conditions/ formats, the person concerned may

seek clarifications from the authorised officer of KIOCL. In case any

tampering/unauthorised alteration is noticed in the tender submitted from

the Tender Document available on the KIOCL Website, the said tender shall

be summarily rejected and the company shall have no liability whatsoever

on the matter.

Assistant General Manager (Admn)

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Section – B

SPECIAL CONDITIONS OF CONTRACT


SUB: Providing Canteen services in the Corporate Office premises at KIOCL


1. TERMS:

The “COMPANY” shall mean “KIOCL Limited” with its registered office at II

Block, Koramangala, Bangalore-560 034.

“Contractor” or “Agency” shall mean the tenderer i.e., _______________

who have been accepted by the Company and shall include the

Contractor‟s heirs, executors, administrators, legal representative,

successors and assignees approved by the Company.

“Contract” shall mean and include the offer and acceptance of terms and

conditions for running of Canteen, exchange of letters of acceptance and

offer enclosing the terms and conditions of the contract duly signed on each

page by the Contractor/Agency as a token of acceptance.

„Authorized” Person” of the Company shall mean the in-Charge of

Administration Department or authorized representative.

“Letter of Intent” means intimation by a letter to the tenderer that his tender

has been accepted.

“Contract price” means the sum named in the tender subject to such

additions thereto or deductions there from as may be made under the

provisions of the Contract.

2. FACILITIES TO BE PROVIDED BY KIOCL LIMITED:

2.1 The Contractor will be provided space on the ground floor of the

Corporate Office consisting of a kitchen, dining hall and a store room

for the purpose of running the Canteen free of cost. The premises

should not be used for any purpose other than running the Canteen.

2.2 Kitchen equipments, cutlery and crockery also will be supplied by the

Company as determined by the Company from time to time free of cost.

2.3 Water supply will be provided by the Company free of charge subject

to availability.

2.4 A maximum of 16 numbers of Gas Cylinders per month @ maximum 4

Nos. Gas Cylinders per week (commercial cylinders) or the actual

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consumption whichever is less will be reimbursed by the Company.

The contractor has to arrange and collect the Gas cylinder on his own

and claim the reimbursement on production of Bill. Cost of Gas

Cylinders in excess of the above will have to be borne by the

Contractor.

2.5 Pest Control Services.

2.6 Major Maintenance involving spares etc of the Canteen Equipment and

furniture.

3. No accommodation shall be provided by KIOCL Limited for canteen

employees.

4. The Contractor will serve items of snacks and beverages as may be

determined by the Company from time to time at the rates quoted by the

Contractor. The Contractor will ensure that the items are served strictly as per

ANNEXURE-II & IV.

5. There will be strict quality control of food. The prohibited items like baking

soda, chemical colours, adulterated oils, etc., should not be used. Fine rice

and only sun flower refined oils of well known brand should be used for

preparation of food. The food supplied should be wholesome and

qualitatively good. For any breach of this, contract is liable for termination.

6. The Contractor will ensure personal supervision in running the Canteen and

deploy sufficient number of persons for its smooth running. The contractor

must ensure that the persons employed are free from any communicable

diseases and are medically fit and healthy to be employed in the Canteen.

The Company reserves its right to send any of his employees for a medical

check-up at any time.

7. Uniform Cloths will be provided to the workers employed by the Contractor

by KIOCL, two sets per year on the date of commencement of canteen

services. The quality of cloth, pattern of uniform and colour of the uniform will

be approved by the Company. All the workers shall wear Identity Card as

per the specimen approved by the Officer In-charge.

8. It will be the Contractor‟s responsibility for proper maintenance of the kitchen

equipments including minor repairs, electrical gadgets, crockery, cutlery and

any other material supplied, and will make good any loss or theft or breakage

of the materials supplied by the Company other than normal wear and tear

which will be determined by the Company. The Contractor will render

account for all the items supplied by the Company as and when required for

physical verification by the Company authorized officers.

9. The contractor will have to furnish the statement showing names of all the

employees engaged for KIOCL Canteen, Any addition /deletion must be

communicated to the company authorized officer.

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10. The Contractor will ensure that a high degree of cleanliness is maintained in

the kitchen and the dining hall. The Contractor will also ensure that the

snacks and beverages prepared are of standard quality. The Contractor will

further ensure that items are made available at the prescribed hours and

served in a hygienic condition in the dining hall or elsewhere as and when

ordered,

11. The Contractor will ensure that before taking any of the items issued by the

Company outside the Office premises, written permission of the Controlling

Authority is obtained and produced to the Security Personnel.

12. Sale of food items will be only against coupons and there will be no sale

against cash. Supply of food stuff will be in the Canteen premises and

coffee/tea will be served at the respective work spots once in the morning

and once in the afternoon as per ANNEXURE – III.

13. The Contractor shall maintain a Register for various items of kitchen

equipments, crockery, cutlery etc., supplied by the Company.

14. The Contractor shall not deploy child labour.

15. KIOCL reserves the right to terminate the contract at any time by giving two

months notice on unsatisfactory services of the contractor.

16. The contractor is solely responsible for all the safety measures as per the

rules in the interest of the workers engaged by him and the Company will not

bear any liability whatsoever in this regard.

17. COMMERCIAL TERMS:

17.1. Rates:

The rates offered by the Caterer at „Schedule of Quantities‟ for the

scope of services shall remain firm for the first year from the date of

commencement of the work and an escalation of 7.5% on yearly basis of

the total value of the contract is applicable for the two succeeding

years.

17.2. Income Tax / Service Tax / GST deduction at source:

17.2.1. Income Tax shall be deducted as per Income Tax Act.

17.2.2. The successful bidder has to comply with all service tax rules as per the

service tax act.

17.3. Terms of payment and Bill certification:

17.3.1 For food items served to the individual employees, it will be the

Contractor‟s sole responsibility to collect the coupons. The coupons

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so collected will be consolidated item-wise, date wise and submitted to

Administration Department once in a week for reimbursement of the

same.

17.3.2 The contractor shall pay the wages to the workers employed by him not

less than the minimum wages prescribed by the Govt. of India under

Minimum Wages act during the tenure of the Contract. This shall be

entirely Contractors responsibility towards payment of the wages, PF,

ESI, and other Statutory Payment / facilities to the workers employed by

him.

17.3.3 The wages payable to the contract workers should be paid by the

Contractor on or before 7th of every calendar month. The contractor

should also issue the wage slip to the employees engaged by him at the

time of payment.

17.4. The Technical Bid shall be accompanied by an Earnest Money Deposit

(EMD) of Rs. 30,000/- (Rupees Thirty Thousand Only), shall be deposited

in the form of a Demand Draft from a scheduled bank drawn in favour of

KIOCL Limited, Bangalore. Bids not accompanied with EMD is liable for

rejection.

17.5. Security Deposit (SD) :

Within 15 days of the award of the contract, the contractors shall deposit

with KIOCL an initial security deposit of Rs. 90,000/- (Rupees Ninety

Thousand only) in any of the following forms.

(i) Demand Draft from any Nationalized Bank in favour of “KIOCL

Limited” payable at BANGALORE.

(ii) Pay Order in favour of “KIOCL Limited” payable at BANGALORE.

(iii) Through RTGS

UNION BANK OF INDIA

PBS (KORAMANGALA)

BANGALORE – 560 034

ACCOUNT No. 515401010022015

IFSC CODE: UBIN0551546

As and by way of additional security, from every progressive bill of

contractor, security deposit at the rate of 7% of the gross value of such bill

as determined before payment shall be retained by KIOCL Ltd.

There is no maintenance period for this contract, hence after the

completion of the work the initial security deposit & security deposit

recovered in the running bills will be returned to the contractor. This

amount will not carry any interest.

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17.6. Indemnification:

The Agency shall indemnify and keep indemnified the Company from and

against all actions, claims, demands and/or liabilities whatsoever arising

out of this contract or consequent upon the breach of any of the provisions

of this contract and/or against any claim, action or demand by any of the

Agency‟s Employees, person(s), firms, institutions under any law, rule or

regulation having the force of law, including but not limited to, claims

against the Company under the Employees State Insurance Act, the

Employees Provident Fund Act, 1952, The Contract Labour (Regulation &

Abolition) Act, 1970, and the Minimum Wages Act, 1948 and any

amendments thereto.

17.7. Penalties / Liquidated damages :

17.7.1. In case a complaint about the Hygiene / quality / delay / shortage of

tea/ snacks / Meals a penalty of Rs. 1000/- (Rupees one thousand only)

per incident shall be levied on caterer by company. In imposing

penalty the decision of the authorised officer of the company shall be

final.

17.7.2. Recover from the caterer as ascertained and agreed liquidated

damages and by way of penalty a sum of Rs. 3000/- (Rupees three

thousand only) for each days default (pro-rata for part thereof) subject to

a maximum amount of deposit.

17.7.3. Arrange for the work or part of the work in default by caterer to be

carried out through other caterer at the original caterer‟s risk and cost.

Such decision of the company being final and binding on the caterer.

17.8. General obligations of caterer:

17.8.1. The catering contract is not transferable.

17.8.2. The caterer shall take charge of the canteen and be responsible for

any damage to the canteen premises or to any of the company‟s

property in his charge.

17.8.3. The caterer shall not take out of the office premises; any eatables

prepared in the canteen for sale or otherwise, unless it is connected

with company‟s work and the authorised officer of the company

approves it.

17.8.4. The caterer shall not in any capacity employ any person of bad

character.

17.9. Termination of Contract:

17

17.9.1. The company reserves the right to terminate the contract on two

month‟s notice without assigning any reason.

17.9.2. In case of discontinuation of canteen services by caterer with or

without notice or the company on account of caterer not providing

satisfactory services, terminates the contract, the security deposit

shall be liable to be forfeited without reference / notice to the

caterer and the agency is barred for participation for the next

contract.

17.10. In any matter not covered by this letter, the decision of the Company

shall be final and binding on you.

18. Force Majeure :

i) Any delay, in or failure of performance of the Contract by Contractor or

Owner shall not constitute defaults by such party or give rise to any claim

for damages against it, if and to the extent such delay or failure of

performance is caused by acts of God, acts of war or hostilities, acts or

omissions of Government, invasion, revolution, civil commotion, blockage,

embargo, sabotage, fires, severe earth quakes, typhoons, cyclones,

lightening, plague, epidemic or other act, omission or circumstances,

(excluding monsoon) which are beyond the reasonable control of the

parties affected which they could not have reasonably foreseen and

guarded against and which by exercise of reasonable care and diligence,

they are unable to prevent (herein referred to as Force Majeure).

ii) Upon the occurrence of such cause and upon its termination, the party

alleging that it has been rendered unable as aforesaid shall notify the other

party in writing within 48 (forty-eight) hours of the alleged beginning and

ending thereof giving full particulars and satisfactory evidence in support

of the claim.

iii) Time of performance of the relative obligations suspended by the force

majeure shall then stand extended by the period for which such cause lasts.

iv) If the obligations and responsibilities to be fulfilled by the Agency are

suspended by force majeure conditions lasting for more than one week, the

company shall have the option of cancelling this contract in whole or part

hereof at its discretion.

v) If any doubt arises regarding interpretation of any provisions of this

contract, the mater shall be referred to the GM (HR) or their authorized

representative, who shall arrange to issue necessary clarifications, which

shall be final and binding on the Agency.

18

19. Fraud prevention policy of KIOCL Limited:

Every one may take note that a “Fraud Prevention Policy” is being followed at

KIOCL, which provides a system for prevention / detection / reporting of any

fraud. It also forbids everyone from involvement in any fraudulent activity and

that where any fraudulent activity is suspected by anyone, the matter must be

reported to the „Nodal Officer‟ (Chief Vigilance Officer) as soon as he / she

comes to know of any fraud or suspected fraud.

20. Integrity Pact (IP) will also be part of this contract document. The Integrity

Pact Agreement format is at Section - D. This agreement duly signed and seal

with witness signature needs to be submitted along with the bid documents.

The following Independent External Monitor (IEM) is nominated for the above

job.

Shri Kumar Jitendra Singh

#1, Moil Vatika

Chicholi Road, Fetri Kajol Road

Nagpur – 441 501

Mobile No.+91 9665083386

e-mail : [email protected]

21. Jurisdiction of Court:

This contract shall be subject to the jurisdiction of court in Bangalore,

Karnataka State.

22. For any related clarifications please contact the following officers:

Sl. No. Name & Address Phone No. Fax No.

1 Shri. N.S.RAVINDRANATH

ASST. GENERAL MANAGER

(ADMINISTRATION)

KIOCL LIMITED

2ND BLOCK, KORAMANGALA

BANGALORE – 560 034.

Email: [email protected]

080-25531461

to 25531470

&

25535937 to

25535940

(Extn: 215)

080 - 25531998

Mobile:

+91 9663268900

080 -

25532153

Asst. General Manager (Admn)

mailto:[email protected]

19

Section – C

BUSINESS RULE AND TERMS & CONDITIONS OF ONLINE PRICE

BIDDING CUM REVERSE AUCTION


Sub: Providing Canteen services in the Corporate Office premises at KIOCL


BUYER NAME

KIOCL LIMITED,

ADMINISTRATION DEPARTMENT

KORAMANGALA


AUCTION TO BE

CONDUCTED BY

M/s BOB eProcure Solution Pvt. Ltd

# 3/4, 3rd Floor, Maruthi Towers, Madiwala, Bangalore - 560 068

Mrs. Marita Ravi : 080 49000213

E mail : [email protected]

Fax Nos : 080 49000211 / 42001251

DATE OF AUCTION

Online Price Bid cum Reverse Auction Date:

Dynamic Sealed Bid Time:

Reverse Auction Time:

(will be specified at later)

( Auto extension as applicable)

DOCUMENTS

ATTACHED

Business rule for Online price bidding cum reverse auction

(Annexure-A)

Terms & conditions of Online price bidding cum reverse auction

Process Compliance Statement (Annexure-B)

Price Confirmation (Annexure-C)

Contact Information

Note :

The bidders are requested to note that they should have a valid digital Certificate

issued by any of the valid certifying authorities to participate in the online

bidding. Those vendors who are not in possession of a valid digital certificate are

requested to apply for the same well in advance to avoid any last minute hassles.

The bidders may contact the service provider if they are not in possession of a

valid digital certificate.


20

ANNEXURE - A

BUSINESS RULES FOR ON LINE PRICE BIDDING CUM REVERSE AUCTION

A) General Terms and Conditions of Online Price Bidding cum Reverse

Auction

1. Against this Enquiry for the subject item/system with detailed scope of

works as per our specification, KIOCL Limited, hereinafter referred to as

KIOCL, may resort to “ONLINE PRICE BIDDING CUM REVERSE

AUCTION PROCEDURE”.

2. For the proposed Online price bidding cum reverse auction, techno

commercially acceptable bidders only shall be eligible to participate.

Bidders are requested to ensure that they have valid digital certificate

well in advance so as to confirm participation before the online price

bidding cum reverse auction.

3. KIOCL will engage the services of a service provider who will provide

all necessary training and assistance before commencement of on line

price bidding on Internet. Service provider shall also explain to the

bidders, all the rules related to the Online Price bidding cum Reverse

Auction / Business Rules.

4. Business rules like event date, time, bid decrement, extensions, etc. also

will be communicated through service provider.

5. Vendors have to fax / e-mail the compliance form in the prescribed

(provided by service provider) before start of Online price bidding.

Without this the vendor will not be eligible to participate in the event.

6. Online price bidding cum Reverse auction will be conducted on

schedule date & time.

7. At the end of Online price bidding cum reverse auction event, the

bidders who had participated in the event has to fax / e-mail the duly

signed filled-in prescribed format in their company letter head as

provided on case-to-case basis to KIOCL through service

provider within 24 hours of auction without fail.

21

B) Business Rule for finalization of the Online Price Bidding cum Reverse

Auction.

KIOCL has made arrangement with M/s. BOB Tech Solutions Pvt. Ltd who shall be

KIOCL‟s authorized service provider for the same. Please go through the

guidelines given below and submit your acceptance to the same along with your

Commercial Bid.

1. Online price bidding cum reverse auction shall be conducted by KIOCL,

on pre-specified date, while the vendors shall be quoting from their own

offices/ place of their choice. Internet connectivity shall have to be ensured

by vendors themselves. In extreme case of failure of Internet connectivity,

(due to any reason whatsoever may be) it is the bidders‟ responsibility /

decision to send fax communication immediately to M/s. BOB Tech

Solutions Pvt. Ltd furnishing the price the bidder wants to bid online with a

request to the service provider to upload the faxed price on line so that the

service provider will up load that price on line on behalf of the Bidder. It

shall be noted clearly that the concerned bidder communicating this price

to service provider has to solely ensure that the fax message is received by

the service provider in a readable / legible form and also the Bidder

should simultaneously check up with service provider about the clear

receipt of the price faxed. It shall also be clearly understood that the

bidder shall be at liberty to send such fax communications of prices to be

up loaded by the service provider only within the closure of Bid time and

under no circumstance it shall be allowed beyond the closure of Bid time /

reverse auction. It shall also be noted that the service provider should be

given a reasonable required time by the bidders, to upload such prices

online and if such required time is not available at the disposal of the

Service provider at the time of receipt of the fax message from the bidders,

the service provider will not be uploading the prices and either KIOCL or

the service provider are not responsible for this unforeseen circumstances.

In order to ward-off such contingent situation bidders are requested to

make all the necessary arrangements/ alternatives whatever required so

that they are able to circumvent such situation and still be able to

participate in the online price bidding cum reverse auction successfully.

Failure of power at the premises of vendors during the Online price

bidding cum Reverse auction cannot be the cause for not participating in

the Online bidding auction. On account of this, the time for the auction

cannot be extended and neither KIOCL nor M/s. BOB Tech Solutions Ltd. is

responsible for such eventualities.

2. The detailed process for online price bidding cum reverse auction is

explained below:

22

The online price bidding event will be conducted in three stages :-

STAGE -I : Online initial price bid

At scheduled time, the screen for On-line price bidding will be launched wherein

the techno-commercially qualified bidders will be allowed to submit their offers

through online.

During the Stage-I online initial price bidding, the bidders would be required to

quote price only on the basis of price terms indicated in their sealed price bid

submitted along with techno-commercial bid before.

STAGE –II : Start Bid Price

After the expiry of the time for submission of on-line initial price bids, the lowest

Price will be frozen by the system as the Start Bid Price (SBP) for Stage – III on

line bidding.

STAGE – III : Reverse Auction on Start Bid Price

a) In Stage III of the online competitive bidding, computer screen will

display Start Bid Price and which shall be visible to the all vendors

participated in the initial online price bid auction during the start of the

reverse Auction. You will be required to start bidding after

announcement of Start Bid Price and decrement amount. Also, please

note that the start price of an item in online reverse auction is open to all

the participated online bidders. Any bidder can start bidding, in the

online reverse auction, from the start price itself. If the start price is your

own price, you still need to bid in the online reverse auction. Also,

please note that the first online bid that comes in the system during the

online reverse auction can be equal to the auction's start price, or lesser

than the auction's start price by one decrement, or lesser than the

auction's start price by multiples of decrement. The second online bid

and onwards will have to be lesser than the L1 rate by one decrement

value, or lesser than the L1 rate by multiples of the decrement value.

b) Those vendors who have participated in the Initial online Price Bid

Auction, will only be eligible to participate in the subsequent

English Reverse Auction.

c) Online Initial Price Bid will be for 30 minutes and Online English

Reverse (no ties) Auction shall be for a period of one hour with a 30

minutes time difference between Initial Price Bid and RA. If a bidder

places a bid in the last 10 minutes of closing of the Reverse Auction and

if that bid gets accepted, then the auction‟s duration shall get extended

automatically for another 10 minutes, for the entire auction (i.e. for all the

items in the auction), from the time that bid comes in. Please note that

the auto-extension will take place only if a bid comes in those last 10

minutes and if that bid gets accepted. If the bid does not get accepted,

23

the auto-extension will not take place even if that bid might have come

in the last 10 minutes. In case, there is no bid in the last 10 minutes of

closing of Reverse Auction, the auction shall get closed automatically

without any extension. However, vendors are advised not to wait till the

last minute or last few seconds to enter their bid during the auto-

extension period to avoid complications related with internet

connectivity, network problems, system crash down, power failure, etc.

d) The bid decrement amount shall be specified by KIOCL before start of

bidding. The bidder can bid lower than the start bid price in reverse

auction by a bid decrement or multiple of Bid decrement.

e) Bidder will be able to view the following on your screen along with the

necessary fields in the English Reverse (no ties) {Reverse Auction}:

a. Leading Bid in the Auction (only total price)

b. Bid Placed by you

c. Your Own Rank

d. Start Bid Price & Bid Decrement value.

f) After the completion of English Reverse (no ties), the Closing Price (CP)

shall be available.

g) At the end of the Reverse Auction, Service Provider will evaluate all

the bids (final price) submitted and final price comparative

statement will be forwarded to KIOCL for further processing.

h) The bidders who have participated in the event, shall be required to

submit the final prices, quoted during the English Reverse (no ties) in Annexure-C Format after the completion of Auction to Service Provider /

KIOCL duly signed and stamped as token of acceptance without any new

condition other than those already agreed to before start of auction.

i) Bids once made by the bidders, cannot be cancelled / withdrawn.

j) During the Online English Reverse (No Ties) Auction, if no bid is received

in the auction system/website within the specified time duration of the

online price bidding cum reverse auction, then KIOCL, at its discretion,

may scrap the online price bidding cum reverse auction process and

open only sealed price bids of all technically and commercially

acceptable bidders submitted earlier along with techno-commercial

bids.

k) KIOCL shall be at liberty to cancel the reverse auction process / tender at

any time, before ordering, without assigning any reason.

3. Other terms and conditions shall be as per techno-commercial offers and

other correspondences till date.

24

4. KIOCL shall not have any liability to bidders for any interruption or delay

in access to the site irrespective of the cause.

5. Bidders are required to submit their acceptance to the terms and

conditions given above before participating in the reverse auction.

6. Our Service provider shall explain all the Rules related to the Online Price

Bidding cum Reverse Auction/ Business Rules Document to be adopted

along with bid manual. You are required to give your compliance on it

before start of bid process.

7. At the end of the reverse auction, bidder has to provide a detail price

break up for his lowest offer (if KIOCL insists the same) within 24 hours.

OTHER TERMS & CONDITIONS:

1. The Bidder shall not involve himself or any of his representatives in Price

manipulation of any kind directly or indirectly by communicating with

other parties / bidders.

2. The Bidder shall not divulge either his Bids or any other exclusive details of

KIOCL to any other party.

3. KIOCL‟s decision on award of Contract shall be final and binding on all the

Bidders.

4. Our Service Provider M/s. BOB Tech Solutions Pvt. Ltd shall not have any

liability to Bidders for any interruption or delay in access to the site

irrespective of the cause.

5. M/s. BOB Tech Solutions Pvt. Ltd is not responsible for any damages,

including damages that result from, but are not limited to negligence.

6. M/s BOB Tech Solutions Pvt. Ltd will not be held responsible for

consequential damages, including but not limited to systems problems,

inability to use the system, loss of electronic information etc.

Change in Business Rules, Terms & Conditions of Reverse Auction :

1) KIOCL reserves the right to modify / withdraw any of the Business rules,

Terms & conditions of online price bidding cum reverse Auction at any

point of time.

2) Modifications of Business rules, Terms & conditions of Reverse Auction will

be made available on website immediately.

3) Modifications made during the online price bidding and Reverse Auction

event will be advised to participating Bidders immediately.

25

ANNEXURE - B

Process Compliance Form

(The bidders are required to print this on their company’s letter head and

sign, stamp before faxing)

To


#4, 100Ft Ring Road,

B.T.M 1ST stage, 1st Phase,

Bangalore - 560068

Sub: Agreement to the Process related Terms and Conditions for the Online

price bidding cum Reverse Auction

Dear Sir,

This has reference to the Terms & Conditions for the Online Price biding

cum Reverse Auction mentioned in the TENDER NOTICE NO: ADMN/BL –

CANTEEN/2018-19/B-25/1731, Dated: 05/11/2018

. Tender for Providing Canteen services in the Corporate Office premises at

KIOCL Limited, Koramangala II Block, Bangalore, Karnataka State – 560

034. This letter is to confirm that:

1. The undersigned is authorized representative of the company.

2. We have studied the Commercial Terms and the Business rules governing

the Online price bidding cum Reverse Auction as mentioned in your letter

and confirm our agreement to them.

3. We also confirm that we have a valid digital certificate which will be valid

for the subject tender whenever we sign on the bid submission.

4. We also confirm that we have taken the training on the auction tool and

have understood the functionality of the same thoroughly.

5. We also confirm that we will fax the price confirmation & break up of our

quoted price as per Annexure C & the price bid format in the tender

document.

6. We, hereby confirm that we will honour the Bids placed by us during the

auction process.

7. We hereby confirm that we have neither informed nor mentioned any price

in this form and also not attached any price bid along with this process

compliance form.

With regards

Signature with company seal

Name –

Company / Organization –

Designation within Company / Organization –

26

ANNEXURE – C

To Date :


#4, 100Ft Ring Road,

B.T.M 1ST stage, 1st Phase,

Bangalore - 560068

Sub: Final price quoted during online price bidding cum reverse auction and

price break up for Providing Canteen services in the Corporate Office

premises at KIOCL Limited, Koramangala II Block, Bangalore, Karnataka

State- 560 034.

Ref: 1 TENDER NOTICE NO: ADMN/BL –CANTEEN/2018-19/B-25/1731, Dated:

05/11/2018

2. e-Auction date. ……………………………

3. Our Offer No. dt.

Dear Sir,

We confirm that we have quoted our Final Prices during the Reverse Auction

conducted today and Final Price Break-up is as under:

Description

Total amount to per

unit rate considering

Base Value of

Rs. 134.91

As per Schedule of Items at Column (F)

Ref. Annexure-IV

…………%

Increase

(In words Rupees: …………………………………………………………………….)

Note: The unit rate shall be inclusive of all applicable taxes.

Thanking you and looking forward to the valuable order from KIOCL.

Yours sincerely,

For _________________

Signature and Name

Company Seal

27

CONTACT INFORMATION

M/s BOB eProcure Solution Pvt.

Ltd.

Address :

# 3/4, 3rd Floor, Maruthi Towers,

Madiwala, Bangalore - 560 068

M/s BOB eProcure Solution Pvt. Ltd.

Bangalore - 560068

Mrs. Marita Ravi : 080 49000213

E mail : [email protected]

Fax Nos : 080 49000211 / 42001251

KIOCL Limited,

Administration Department,

II Block,

Koramangala,


Karnataka State

Mr.N.S.Ravindranath

Assistant General Manager(Admn)

080-25531461 to 25531470

&

25535937 to 25535940 (Extn: 215)

Mobile:

+91 9663268900


28

Section – D

INTEGRITY PACT

THIS AGREEMENT is entered into between the following Parties: KIOCL Limited, IInd Block, Koramangala, Bangalore 560 034 hereinafter

referred to as “The Principal”,

and

Name & Address of the Party

……………………………………

…………………………………..

……………………………………

hereinafter referred to as “The Tenderer/ Contractor”

Preamble

The Principal intends to award a contract, following its laid-down organizational procedures, for Providing Canteen Services in the Corporate Office premises

at KIOCL Limited, Koramangala II Block, Bangalore Karnataka State – 560

034. The Principal values full compliance with all relevant laws and regulations

and the principles of economical use of resources and of fairness and

transparency in its relations with its Tenderer(s) and /or Contractor(s).

In order to achieve these goals, the Principal cooperates with the renowned

international Non-Governmental Organization, "Transparency International" (TI).

Following TI's national and international experience, the Principal will appoint an

Independent External Monitor (IEM) who will monitor the tender process and the

execution of the Contract for compliance with the principles mentioned below.

IT IS AGREED AS FOLLOWS:

Definitions:

a) “Principal” means KIOCL LIMITED, incorporated under the Companies Act

1956, having their registered office at Koramangala, Bangalore – 560 034 and

includes their successors.

b) “Tenderer” means the person, firm or company submitting a tender against

the Invitation to Tender and includes his/ its/ their staff, consultants, parent and

associate and subsidiary companies, agents, consortium and joint venture

partners, sub-contractors and suppliers, heirs, executors, administrators,

representatives, successors.

29

c) “Contractor” means the Tenderer whose tender has been accepted by the

principal or Company whose tender has been accepted and shall be deemed to

include his/ its/ their successors, representatives, heirs, executors and

administrators unless excluded by the Contract.

d) " Independent External Monitor" means a person, hereinafter referred to as

IEM, appointed, in accordance with clause 8.a below, to verify compliance with

this agreement.

e) "Party" means a signatory to this agreement.

f) “Contract” means the contract entered into between the Principal and

Tenderer/Contractor for the execution of work mentioned in the preamble

above.

Commitments of the Parties

Section 1 - Commitments of the Principal:-

The Principal commits itself to take all measures necessary to prevent corruption

(inducement to violate duty assigned to its employees) and to observe the

following principles;

i) No employee of the Principal, personally or through family members or any

third person, will in connection with all stages of tendering or the execution of

Contract, demand or take a promise, or accept, for him/herself or any third

person, any material or non-material benefit which he/she is not legally entitled

to;

ii) The Principal will, during the tender process, treat all Tenderers with equity

and reason. The Principal will in particular, before and during the tender

process, provide to all Tenderers the same information and will not provide to

any Tenderer any information/ clarification through which the Tenderer could

obtain an advantage in relation to the tender process or the Contract execution;

iii) The Principal will not take, directly or indirectly, any steps, which could

unduly influence the functioning of IEM.

iv) If the Principal obtains information on the conduct of any of its employees

which is a criminal offence under the relevant Anti-corruption Laws of India/

guidelines of Govt. / guidelines of CVC/ guidelines of Principal, or if there be a

substantive suspicion in this regard, the Principal will inform its Vigilance Office

and in addition can initiate disciplinary actions.

v) If the Principal obtains information of conduct of a bidder, contractor or sub-

contractor or of an employee or a representative or an associate of a bidder,

contractor or sub-contractor, which constitutes corruption, or if the Principal has a

substantive suspicion in this regard, the Principal will inform the Vigilance

Department of the principal.

30

Section 2 - Commitments of the Tenderer(s)/Contractor(s):-

2.1 The Tenderer /Contractor commits himself to take all measures necessary to

prevent corruption. He commits himself to observe the following principles

during his participation in the tender process and during the Contract execution;

i) The Tenderer / Contractor will not directly or through any other person(s) or

firm, offer, promise or give to the Principal, or to any of the Principal‟s employees

involved in the tender process or the execution of the Contract or to any third

person any material or immaterial benefit which he / she is not legally entitled to

in order to obtain, in exchange, an advantage during the tender process or to

vitiate the Principal‟s tender process or the execution of the Contract.

ii) The Tenderer / Contractor will not enter with other Tenderers into any illegal

agreement or understanding, whether formal or informal. This applies in

particular to prices, specifications, certifications, subsidiary contracts,

submission or non-submission of bids or actions to restrict competitiveness or to

vitiate the Principal‟s tender process or the execution of the Contract.

iii) The Tenderer / Contractor will not commit any criminal offence under the

relevant Anti-corruption Laws of India; further, the Tenderer / Contractor will not

use improperly, for purposes of competition or personal gain, or pass on to

others, any information provided by the Principal as part of the business

relationship, regarding plans, technical proposals and business details, including

information contained or transmitted electronically.

iv) The Tenderer / Contractor of foreign origin shall disclose the name and

address of the agents/representatives in India, if any. Similarly, the Tenderer /

Contractor of Indian Nationality shall furnish the name and address of the foreign

principals, if any.

v) The Tenderer / Contractor will, when presenting his bid, disclose any and all

payments he has made, is committed to or intends to make to agents, brokers or

any other intermediaries in connection with the award of the Contract.

vi) The Tenderer/ Contractor will not take, directly or indirectly, any steps, which

could unduly influence the functioning of IEM.

vii) The Tenderer / Contractor will not instigate third persons to commit offences

outlined above or be an accessory to such offences.

2.2 Obligation to Ensure Compliance

a). Each Party will take all reasonable steps to ensure that the provisions of this

agreement which are binding on it are complied with by all of its staff,

31

consultants, parent and associated and subsidiary companies, agents, consortium

and joint venture partners, sub-contractors and suppliers.

b). Each Party will appoint an appropriate senior manager with responsibility for

ensuring that the provisions of this agreement are complied with.

Section 3 - Disqualification from tender process and exclusion from

future contracts

a). If the Tenderer, before award of Contract, has committed a transgression through violation of any of the terms under section 2 above or in any other form

such as to put his reliability or credibility as Tenderer into question, the Principal

is entitled to disqualify the Tenderer from the tender process or to terminate the

Contract, if already signed, for such reason.

b). If the Tenderer / Contractor has committed a transgression through a violation of any of the terms under section 2 above or in any other form such as to put his

reliability or credibility into question, the Principal is entitled also to exclude the

Tenderer / Contractor from future Contract award processes. The imposition and

duration of the exclusion will be determined by the severity of the transgression.

The severity will be determined by the circumstances of the case, in particular

the number of transgressions, the position of the transgressors within the

company hierarchy of the Tenderer /Contractor and the amount of the damage.

The exclusion will be imposed for a minimum of six (6) months and a maximum of

three (3) years.

c). If the Tenderer / Contractor can prove that he has restored/ recouped the

damage caused by him and has installed a suitable corruption prevention system,

the Principal may revoke the exclusion before the expiry of the period of such

exclusion.

d). A transgression is considered to have occurred if, in light of all available

evidence, a reasonable doubt is possible.

Section 4 - Compensation for Damages

a). If the Principal has disqualified the Tenderer from the tender process prior to the award according to Section 3 above, the Earnest Money Deposit (EMD)

furnished, if any, along with the offer as per the terms of the Invitation to Tender

(ITT) shall be forfeited. This is apart from the disqualification of the Tenderer as may be imposed by the Principal as brought out at section 3 above.

b). If the Principal has terminated the Contract according to Section 3 above, or if

the Principal is entitled to terminate the Contract according to section 3 above,

the EMD/Security Deposit furnished by the contractor, if any, as per the terms of

the ITT/Contract shall be forfeited. This is apart from the disqualification of the

Tenderer, as may be imposed by the Principal, as brought out at section 3

above.

32

Section 5 - Previous Transgression

a) The Tenderer hereby declares that no previous transgressions with respect to

provisions of Integrity pact occurred in the last three (3) years with any other

Company in any country or with any other Public Sector Enterprise in India and,

as such, there is no case for his exclusion from the tender process.

b) The Tenderer hereby agrees that if he has made/makes incorrect statement in

regard to this aspect, he can be disqualified from the tender process or the

Contract, if already awarded, can be terminated for that reason.

Section 6 - Equal treatment of all Tenderers/Contractors/ Sub-contractors

a) The Tenderer / Contractor undertakes to obtain from all sub-contractors a

commitment consistent with this integrity pact, and to submit it to the Principal at

the time of seeking approval of the principal for appointment of sub-contractors.

b) The principal will enter into agreements with identical conditions as that of this

Integrity Pact, with all Tenderers / Contractors

c) It is essential for all tenderers / contractors to sign the Integrity Pact with the

company if the value of the transaction is more than 30 lakhs. The principal will

disqualify from the tender process all tenderers/ contractors who do not sign this

Pact or violate its provisions.

Section7 - Breaches of this Agreement

a) In the event that any Party believes that there is prima facie evidence that there

has been a failure by a Party to comply with any provision of this agreement, such

Party will take the following actions:

i) It will report full details of such suspected non-compliance to the IEM and CVO

with copies to the Chief Executives of each of the Parties.

ii) If any such non-compliance has been carried out, or assisted by an individual

who is a member of a professional association, and such non-compliance may

constitute a breach of any disciplinary code of such professional association, such

Party may report such matter to the professional association.

b) If such non-compliance may constitute a criminal offence, either in the country

in which the Contract is being carried out, or in the home country of the

organization or individual which carried out or assisted such non-compliance,

such Party may report such matter to the appropriate criminal authorities in those

territories.

c) In the event that any Party breaches any provision of this agreement, the other

Parties may, in addition to the rights under this agreement, claim damages

against the defaulting Party, and exercise any other rights they may have against

the defaulting Party.

33

d) The Parties will take appropriate disciplinary or enforcement action against

any of their staff, consultants, parent and associated and subsidiary companies,

agents, consortium and joint venture partners, sub-contractors and suppliers who

cause or assist in any breach of any provision of this agreement.

Section 8 - Independent External Monitor/Monitors (IEM)

a). The Principal, will appoint a competent and credible IEM/Number

of IEMs for the duration of this agreement from the panel of IEMs appointed in

consultation with the Central Vigilance Commission (CVC).

b). The IEM will assess, on an independent and objective basis, the extent to

which the Parties comply with their obligations under this agreement.

c). The Parties will, after submission of a tender; after the award of any contract to

them and for the duration of the contract:

i) Allow the IEM unrestricted access to all books, records and staff relevant

to such tender;

ii) Ensure that the IEM has unrestricted access to the relevant books,

records and staff of their consultants, parent and associated and subsidiary

companies, agents, consortium and joint venture partners, sub-contractors

and suppliers.

d). In the event that the IEM believes that there is prima facie evidence that there

is a violation of this agreement, the IEM will report the same to CEO of the

Principal.

e). Upon receipt of a report from the IEM, CEO of the Principal and the Board will

discuss and try to agree upon the appropriate action to be taken in line with sections 3,4 & 5 above to deal with such violation.

f). The IEM has no power to inquire any of the Parties to undertake any

actions. No statement by the IEM, whether oral or in writing, is binding on any of

the parties. Any Party in legal or dispute resolution proceedings can use all

reports and other documentation issued by the IEM. The IEM can be called as a

witness in legal or dispute resolution proceedings. g). Fee and /or any other incidentals including traveling/conveyance expenses,

if any, payable to IEM shall be borne by the Principal.

h). The IEM can only be removed from his appointment, if:

1. All parties agree in writing to remove him: or

2. He resigns: or

3. He is removed from his office by order of a Court having

appropriate jurisdiction.

i) On completion of the term by the IEM or if the IEM is removed from his

appointment or in case of death of IEM (whichever is earlier), the Principal will appoint another IEM as per section 8.a) above for the remaining

duration of this agreement.

34

Section 9 - Duration of Agreement

a). This agreement comes into force as soon as it has been signed by all the

Parties have signed it. It cannot be terminated or varied except by the written

agreement of all the Parties.

b). This agreement will expire after 12 months from the date of last payment

under the respective Contract for the Contractor, and for all other Tenderers 6

months after the award of the Contract.

Section 10 - Other Provisions

a). The Principal will disqualify from the tender process all Tenderers who do not

sign this Pact or violate its provisions.

b). Should any occasion arise entailing IEM to undertake any investigation under

the provisions of this agreement, the venue for such investigation shall generally

be at KIOCL Corporate Office, Koramangala, Bangalore –560 034.

c). This agreement is subject to Indian law. Place of performance and jurisdiction

is the corporate office of the Principal. In case of any dispute, the courts at

Bangalore only shall have jurisdiction.

d). Changes and supplements as well as termination notices need to be made in

writing. Side agreements have not been made.

e). Addresses along with other relevant details of the Chief Executives of the

Parties are as given under;

1. Principal:

Chairman-cum-Managing-Director,

KIOCL Limited

II–Block,Koramangala,

BANGALORE – 560 034 INDIA.

Tel : 080-25531322(O)

: 080-25531272(O)

Fax : 080-25521584(O)

2. Tenderer / Contractor

……………………………………………..

…………………………………………….

…………………………………………….

Tel:

Mobile:

Email:

Fax:

35

……………………………………………..

f). Should one or several provisions of this agreement turn out to be invalid, the

remainder of this agreement remains valid. In that case the parties will strive to

come to an agreement to their original intentions.

g). If the contractor is a partnership or consortium, all partners or consortium

members must sign this agreement.

-----------------------------------------------------------------------------------------

For the Principal For the Tenderer/ Contractor

Place…………………..

Place…………………..

Date ………………….. Date …………………..

Witness 1: …………………………… Witness 1: ………………………………..

(Name & address) (Name & address)

Witness 2: ………………………….. Witness 2: ……………………………...

(Name & address) (Name & address)

36

ANNEXURE – I


Sub: Providing Canteen services in the Corporate Office premises at KIOCL Limited,


WAGE SLIP

FORM XIX

[Rule 78(1)(b)]

Name and address of contractor

………………………………..

………………………………..

Name and Father‟s/Husband‟s Name

of the workman……………………….

……………………………………….

Nature and location of work

…………………………………

………………………………..

For the week/Fortnight/Month ending

……………………………………..

………………………………………

1. No. of days worked

2. No. of units worked in case of

piece-rate workers

3. Rate of daily wages/piece-rate

4. Amount of overtime wages

5. Gross wages payable

6. Deductions, if any:

PF :………………………….

ESI:…………………………

Canteen:…………………….

Total

7. Net amount of wages paid

37

ANNEXURE – II




DAYWISE SCHEDULE OF MENU

A. BREAKFAST

Sl.No. DAY MENU FOR BREAKFAST

1. Mondays RAVA IDLI, POORI - SAGOO & CHATNI

2. Tuesdays IDLI-BONDA-SAMBAR & CHATNI

3. Wednesdays PONGAL-RAITHA & MASALA VADA-CHATNI

4. Thursdays VEG. UPMA & BICIBELE/RICE BATH &

GREEN/TOMOTO CHATNI

5. Fridays IDLI-VADA-SAMABAR & CHATNI

6. Saturdays MASALA DOSA – SAMBAR & CHATNI

B. COFFEE/TEA

C. LUNCH

PLATE MEALS CONSISTING OF

a) RICE

b) SAMBAR

c) RASAM

d) PALYA/SAGOO

e) CURDS

f) CHAPATI (2 NOS.) (or) RAGI BALL (1 NO.)

g) PICKLE

h) PAPAD

Note: Chapathi and Ragi Ball both should be available.

38

ANNEXURE – III




CANTEEN TIMINGS

DAYS BREAK FAST TEA /

COFFEE

LUNCH TEA /

COFFEE

Monday Employees

08.30 AM to

09.00 AM

Contract

Labours

09.00 AM to

09.30 AM

At 10.30 AM

Employees

01.00 PM to

01.30 PM

Contract

Labours

01.30 PM to

02.00PM

At 03.00 PM

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday HOLIDAY

39

ANNEXURE – IV




SCHEDULE OF ITEMS

Please Quote your rate inclusive of all Taxes

Sl.

No. ITEM

Quantity

To be

Served

Pre

bid

price

Rs.

Rate to be quoted by the

tenderer in % increase

against col (D). Only one

figure to be Indicated in

the percentage both in

figure and words.

Total amount to

be indicated on

%age increase

to the Base

Value of Rs.

134.91

(Rupees)

(A) (B) ( C ) (D) (E) (F)

1. IDLY (2 Nos.) WITH

CHATNI & SAMBAR

50 GMS

EACH

QUOTED

__________%

INCREASE

2. VADA (1 No.) WITH

CHATNI & SAMBAR

50 GMS

3. POORI (2 NOS.) WITH

SAGOO & CHATNI

60 GMS Q

4. MASALA DOSA (1 NO.)

WITH SAMBAR & CHATNI.

125 GMS

5. PONGAL (1 PLATE) WITH

RAITHA

100 GMS U

6. VEG.UPMA WITH CHATNI 130 GMS

7. BONDA WITH SAMBAR 75 GMS O

8. RAVA IDLI (1 NO.) WITH

SAGOO & CHATNI.

100 GMS

9. MASALA VADA WITH

CHATNI

50 GMS

10 COFFEE/TEA 135 ML T

10. PLATE MEALS CONSISTING OF

a) RICE 350 GMS E

b) SAMBAR 220 ML

c) RASAM 100 ML D

d) PALYA/SAGOO 100 GMS

e) CURDS 75 ML

f) CHAPATI (2 NOS.)

(or)

RAGI BALL ( 1 No)

75 GMS

250 GMS

g) PICKLE 5 GMS

h) PAPAD 1 NOS.

TOTAL Base

Price

134.91 % increase over the Base

Price

40

NOTE :

1) The unit rate shall be inclusive all applicable taxes.

2) Please note that no corrections and overwriting is permitted, which will

amount to disqualification. If there is a difference between figure and

words, words will be taken as the correct figure.

3) Base Price per unit rate is Rs. 134.91 (Rupees One hundred thirty four and

ninety one paise only)

4) Chapathi and Ragi Ball both should be available.

Date : Signature of the contractor with seal

41

ANNEXURE – V




PRICE BID

Please Quote your rate inclusive of all Taxes

Sl.

No. ITEM

Quantity

To be

Served

Pre

bid

price

Rs.

Rate to be quoted by the

tenderer in % increase

against col (D). Only

one figure to be

Indicated in the

percentage both in

figure and words.

Total amount

to be

indicated on

% age

increase to

the Base

Value of

Rs. 134.91

(A) (B) ( C ) (D) (E) (F)

1. IDLY (2 Nos.) WITH CHATNI &

SAMBAR

50 GMS

EACH

9.67

__________%

INCREASE

2. VADA (1 No.) WITH CHATNI &

SAMBAR

50 GMS 9.67

3. POORI (2 NOS.) WITH SAGOO &

CHATNI

60 GMS 11.52

4. MASALA DOSA /ONION DOSA(1

NO.) WITH SAMBAR & CHATNI.

125 GMS 14.39

5. PONGAL (1 PLATE) WITH RAITHA 100 GMS 9.67

6. VEG.UPMA WITH CHATNI 130 GMS 9.67

7. BONDA WITH SAMBAR 75 GMS 9.67

8. RAVA IDLI (1 NO.) WITH SAGOO

& CHATNI.

100 GMS 9.67

9. MASALA VADA WITH CHATNI 50 GMS 9.67

10. COFFEE/TEA 135 ML 7.67

PLATE MEALS CONSISTING OF

33.63

a) RICE 350 GMS

b) SAMBAR 220 ML

c) RASAM 100 ML

d) PALYA/SAGOO 100 GMS

e) CURDS 75 ML

f) CHAPATI (2 NOS.)

(or)

RAGI BALL ( 1 No)

75 GMS

250 GMS

g) PICKLE 5 GMS

h) PAPAD 1 NOS.

TOTAL Base

Price

134.91 % increase over the Base

Price

42

NOTE :

1) The unit rate shall be inclusive all applicable taxes.

2) Please note that no corrections and overwriting is permitted, which will

amount to disqualification. If there is a difference between figure and

words, words will be taken as the correct figure.

3) Base Price per unit rate is Rs. 134.91 (Rupees One hundred thirty four and

ninety one paise only)

4) Chapathi and Ragi Ball both should be available.

Date : Signature of the contractor with seal

Documents

INDEX Section Title Page numbers · Canteen shall be strictly as per ANNEXURE - IV. 2.2 The Supply of items at the Canteen shall be against coupons printed and issued by Authorised