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Open Competative Bid e-Tender Bid Document for Complete Operation , Maintenance and Production Of 30 KLDP Distillery (Grain and Molasses based) with 1.2 MW Bio-mass based captive power plant Situated at Chak, 23 F Kaminpura, Sriganganagar (Rajasthan) Duration (Two Years further extendable one year) Rajasthan State Ganganagar Sugar Mills Limited (A Public Undertaking of Rajasthan Goverment)

Open Competative Bid e-Tender Bid Document for Complete ... · 1 30 KLPD / 28.5 KLPD RS-GR-1 Multifeed Distillery Plant with Biomass based Captive Power Plant of 1.2 MW . 1.1.2 The

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Page 1: Open Competative Bid e-Tender Bid Document for Complete ... · 1 30 KLPD / 28.5 KLPD RS-GR-1 Multifeed Distillery Plant with Biomass based Captive Power Plant of 1.2 MW . 1.1.2 The

Open Competative Bid

e-Tender

Bid Document

for

Complete Operation , Maintenance and Production

Of

30 KLDP Distillery

(Grain and Molasses based)

with 1.2 MW Bio-mass based captive power plant

Situated at Chak, 23 F Kaminpura, Sriganganagar

(Rajasthan)

Duration

(Two Years further extendable one year)

Rajasthan State Ganganagar Sugar Mills Limited

(A Public Undertaking of Rajasthan Goverment)

Page 2: Open Competative Bid e-Tender Bid Document for Complete ... · 1 30 KLPD / 28.5 KLPD RS-GR-1 Multifeed Distillery Plant with Biomass based Captive Power Plant of 1.2 MW . 1.1.2 The

Index

Sl. No. Contents Page No.

Disclaimer

1 Introduction 3

1.1 Background 3

1.2 Brief description of Bidding Process 4

1.3 Schedule of Bidding Process 4

2 Instructions to Bidders 5

2.1 General 5

2.2 Eligibility criteria of Bidders/Tendrer 6

2.3 Bid Security 6

2.4 Instruction to Submit Bids 7 -8

2.5 Others 9-10

2.6 Amendment Of Bid Documents 11

2.7 Language Of Bid 11

2.8 Bid Currencies 11

2.9 Performance Security / Security Deposit 11

2.10 Period of Validity Of Bids 11

2.11 Signing Of Contract/Agreement 12

2.12 Manpower/ Staff 12

2.13 Accomodation 12

2.14 Payment Terms 13

3 Scope Of Work 13

4 Bids and costs Thereof 13

5 Site Visit and verification of information 14

6 Acknowledgement by Bidders 14

7 Right to accept or reject any or all Bids 14

8 Evaluation Process 15

9 Confidentiality 15

10 Tests of responsiveness 16

11 Clarifications 16

12 Fraud and Corrupt practise 16

13 Obligations of successful Bidders 17-20

14 Obligation of RSGSM 20

15 Common Obligation 20

16 Contract Period 20

17 Contract Unassignable 20

18 Confidentiality 20

19 Contractor's general indemnity 21

20 Force Majeure 21

21 Dispute Resolution & Arbitration 21

22 Jurisdiction Of Courts 21

23 Notices and Time 21

24 Annexure A to D 22-27

25 Financial Bid 28

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3 Signature of Bidder with Seal

DISCLAIMER

The information contained in this Bid Document (the “BD”) or subsequently provided

to Bidder (Bidder), whether in documentary or any other form, by or on behalf of the

Rajasthan State Ganganagar Sugar Mills Limited (RSGSM) is provided to bidder on the

terms and conditions set out in this BD and such other terms and conditions subject to which

such information is provided.

This BD is not an agreement and is neither an offer nor invitation by the RSGSM to

the prospective Bidders or any other person. The purpose of this BD is to provide interested

parties with information that may be useful to them in the formulation of their Bid pursuant

to this BD (the “Bid”). This BD includes statements, which reflect various assumptions and

assessments arrived at by the RSGSM in relation to the Sugar Factory and Distillery.

The RSGSM may, in its absolute discretion but without being under any obligation to

do so, update, amend or supplement the information, assessment or assumptions contained in

this BD.

The issue of this BD does not imply that the RSGSM is bound to select or to execute

an agreement with the selected Bidder, as the case may be, for the Purpose. The RSGSM

reserves the right to reject all or any of the Bids without assigning any reasons whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and

submission of its bid including but not limited to preparation, copying, postage, delivery fees,

expenses associated with any demonstrations or presentations which may be required by the

RSGSM or any other costs incurred in connection with or relating to its Bid. All such costs

and expenses will remain with the Bidder and the RSGSM shall not be liable in any manner

whatsoever for the same or for any other costs or other expenses incurred by an Bidder in

preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding

Process.

1.1 INTRODUCTION

Background

1.1.1 Rajasthan State Ganganagar Sugar Mills Ltd. has set up and commissioned a

Distillery unit at Chak 23 F, Kaminpura, Sriganganagar (Rajasthan).

S.NO. Detail

1 30 KLPD / 28.5 KLPD RS-GR-1 Multifeed Distillery Plant with

Biomass based Captive Power Plant of 1.2 MW .

1.1.2 The RSGSM intends to invite Bids from suitable Bidders, for award of Work related

to complete Operation , Maintenance and Production in Distillery through a fair and

transparent selection process in accordance with the procedure set out herein. Bidder

whose bid found most beneficial rate given will be considered .

1.1.3 The selected Bidder, who would be an entity that is either ( i ) a society registered

under the Societies Registration Act, 1860 (or other applicable laws) or (ii) a

company incorporated under the Companies Act, 1956 and 2013 or (iii) a partnership

firm registered under Partnership Act 1932.

1.1.4 The scope of work will broadly includes all activities related to complete operation,

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4 Signature of Bidder with Seal

trouble shooting, maintenance, and production

1.1.5 The RSGSM shall receive Bids pursuant to this BD in accordance with the terms set

forth herein as modified, altered, amended and clarified from time to time by the

RSGSM, and all Bids shall be prepared and submitted in accordance with such

terms on or before the date specified for submission of Bids (the “Bid Due Date”).

1.2 Brief description of Bidding Process

1.2.1 The RSGSM has adopted a single stage two part bid process (collectively referred to

as the "Bidding Process") for selection of the bidder for award of the work. Tender

form can be downLoIded/ submitted from/through the website eproc.rajasthan.gov.in

Tender shall be accepted only online (e-procurement). D. D. for e-tendering process

fee of Rs. 1000/- would be in favour of M.D., RISL Jaipur. Tender form fee Rs.

1000/- and D.D. of BID SECURITY (Bid Security) drawn in favour of RSGSM Ltd.,

Jaipur must be submitted in the office of RSGSM Ltd., HO, Jaipur before submission

time of Tender. Tender without appropriate BID SECURITY (Earnest Money) shall

not be accepted. The Technical Bid & Financial Bid shall be upLoIded

simultaneously. The Financial Bid of a Bidder who qualifies in technical bid would

only be downLoIded. The date of opening of Price Bid will be intimated by RSGSM

seprately. This tender shall be processed through e-procurement portal of Govt.

of Rajasthan. The Bid shall be valid for a period of not less than 120 days from the

last date of submission of bids (the “Bid Due Date”).

1.2.2 In terms of the Bid, a Bidder will be required to deposit, along with its Bid, a bid

security of Rs. 7 lakh in form of DD (the "Bid Security"), refundable within 60

(sixty) days from the date of execution of agreemnet, except in the case of the selected

Bidder whose Bid Security shall be retained till it has provided a Performance

Security under the Agreement. Demand Draft should be payable at JAIPUR to the

RSGSM and the validity period of the demand draft shall not be less than 180 (one

hundred and eighty) days from the Bid Due Date.

1.2.3 Generally, the Lowest Bid shall be the selected. The remaining Bids shall be kept in

reserve and may, in accordance with the process specified in the BD, be awarded the

Work in case the Lowest Bid is withdrawn or is not selected for any reason. However,

in such an event the RSGSM may, at its discretion, annul the Bidding Process .

1.2.4. During the Bid process, Bidders are invited to examine the Site in greater detail, and

to carry out, at their cost, such studies as may be required for submitting their

respective Bids.

1.2.5 Any queries or request for additional information concerning this BD shall be

submitted in writing during the Pre- Bid Conference which will be held on date 27-

07-2017 at 11.00 AM in the Board room of RSGSM, 4th Floor, Nehru Sahkar

Bhawan, Bhawani Singh Road, Jaipur.

1.3 Schedule of Bidding Process

The RSGSM shall endeavour to adhere to the following schedule:

Event Description Date and Time

1. Availability of Bid Documents From 14-07-2017

2. Last date for receiving queries 25-07-2017

3. Pre-Bid meeting 27-07-2017

4. RSGSM response to queries by 01-08-2017

5. Bid Due Date 16-08-2017 by 6.00 P.M.

6. Opening of Bids 17-08-2017 at 11.00 AM

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5 Signature of Bidder with Seal

7. Letter of Award (LOI) will be intimated seprately

8. Validity of Bids 120 days from the last date of

submission of bids

9. Signing of Agreement Within 15 days of award

of LOI

2. INSTRUCTIONS TO BIDDERS

A. 2.1 GENERAL

2.1.1 The RSGSM wishes to receive Bids to outsource Work related to Operation,

Maintenance and Production in Distillery, through a fair and transparent selection

process. Bids will only be submitted through Rajasthan Government e-

procurement portal e.i. eproc.rajasthan.gov.in.

2.1.2 Financial Bids of Technically Qualified Bidders will be downLoIded from

eproc.rajasthan.gov.in and evaluated. Generally, the Lowest Bid is considered but

RSGSM has the right to accept other then lowest bid without assigning any reason.

2.1.3. The Bidders are required to deposit the following amount in the manner prescribed

below against each item in the office of RSGSM, Nehru Sahkar Bhawan, Jaipur :- S.

No.

Details of Fee/

Bid-Security

Amount Mode of Payment Payable in Favour of

1 Tender Form Fee 1000/- Demand Draft from any scheduled

bank.

RSGSM, Ltd.Jaipur

2 Bid-Security (2%

of estimated cost)

7.00 lacs

Through DD. RSGSM, Ltd.Jaipur

3 E-Tendering

Process Fee

1000/- Demand Draft from any scheduled

bank.

Managing Director,

RISL, Jaipur

The DD of the above stated amounts are to be deposited by the Bidders mandatorily in

the office of RSGSM, Head Office, Jaipur upto 16-08-2017 by 6.00 PM positively.

2.1.4 After the issuance/ UpLoIding of NIB, any amendments/ corrigendum/ addenda shall

be issued/ upLoIded only on the e-procurement website i.e. www.eproc.rajasthan.gov.in of

the State Government. No request for intimation of such amendments/ clarifications/

corrigendum/ addenda by E-mail/ letters shall be considered.

2.1.5 Instructions to Bidder for E-Tendering Process:-

I. The probable Bidders intending to participate in this tender are required to get

themselves registered on the website www.eproc.rajasthan.gov.in. Digital Signature

Certificate (DSC) Type-II is required under Information Technology Act-2000. The

Digital Signature, which will be used for signing the online bids, can be obtained by

the Bidders from the agencies authorized by Controller of Certifying Authorities

(CCA). The Bidders already having valid Digital Signature Certificates are not

required to obtain fresh DSC.

II The bids shall be submitted online in the format on the above mentioned website

with digital signature.

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6 Signature of Bidder with Seal

III The Bidders must ensure that scanned copy of all the documents essential to be

enclosed have been attached with the bid form to be submitted online. All the

attachments should be in PDF format.

IV RSGSM shall not be responsible in any manner for any delay/ failure on the part of

Bidder in online submission of the bids within stipulated date and time.

V All the columns of the lists/ formats / attachments must be filled completely, clearly

and in readable form and submitted online.

VI RSGSM shall not be responsible for any failure of bidder in online submission of the

bids which may occur due to improper understanding/ compliance of the instructions

for online submission.

2.2 ELIGIBILITY CRITERIA FOR THE BIDDER

2.2.1 Bidder must have the experience of minimum one year for complete operation,

trouble shooting , maintenance and production of capacity of 30 KLPD or above

within India or abroad based on Molasses / Grain.

2.2.2 The bidder should be registered with the competent authorities so as to meet

statutory requirements of CPF etc.

2.2.3 The average annual turn over of the bidder should be 1.0 crore immediate previous

three financial years, with proof of latest audited balance sheet and certificate from

Chartered Accountants.

2.3 Earnest Money Deposit(Bid-Security):-

2.3.1 Bid-Security is to be furnished @ 2% of the per annum estimated cost of Rs. 350 lacs

through DD of any scheduled bank.

2.3.2 Tender without Bid-Security, Tender Fee of Rs. 1000/- and processing fee of

Rs.1000/- shall not be accepted.

2.3.3 Last Date & time of downloading of Tender : 16-08-2017 by 6.00 PM

2.3.4 Tender documents can be obtained by way of downLoIding only from the official

website www.eproc.rajasthan.gov.in (Rajasthan states e-procurement portal). For

each downloaded tender application form, a D.D. of any scheduled Bank amounting

Rs. 1000/- in favour of Rajasthan State Ganganagar Sugar Mills Ltd. Payable at Jaipur

should be enclosed alongwith the tender document.

2.3.5 Date, time & venue of Pre-Bid Meeting 27-07-2017 at 11.00 AM

Venue:- Board Room

Rajasthan State Ganganagar

Sugar Mills Ltd., 4th floor, Nehru

Sahkar Bhawan, Bhawani Singh

Road, Jaipur – 302006.

2.3.6 Last date & time for submission

(online upLoIding) of Tender : 16-08-2017 by 6.00 PM

2.3.7(A) Tender alongwith all the documents to

be upLoIded online only on the website: www.eproc.rajasthan.gov.in

(B) Tender to be addressed to: General Manager

Rajasthan State Ganganagar

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7 Signature of Bidder with Seal

Sugar Mills Ltd., 4th floor, Nehru

Sahkar Bhawan, Bhawani Singh

Road, Jaipur – 302006.

2.3.8 The Bid must be valid for a period of one hundred twenty days (120) from the last

date of submission of Bids.

2.2.9 Tender through Email / Fax / Telegram/Postal/ Personal Delivery will not be

accepted. RSGSM, assumes no responsibility for any failure in upLoIding the tender

online by the Bidder.

2.3.10 The Notice of Tender is an integral part of the enclosed bid document.

2.3.11 Bidder are advised to quote RATE strictly as per the terms and conditions of the

tender document and should not make any deviations / exceptions. Technical Bids

shall be opened on 17-08-2017 at 11.00 AM in presence of the Bidder or their

authorized representatives who wish to be present at the address mentioned above.

2.4 INSTRUCTIONS TO SUBMIT BIDS

2.4.1 Each Bidder shall submit its bid by upLoIding online on the website

www.eproc.rajasthan.gov.in for complete Operation, Maintenance and

Production of Distillery of capacity 30 KLPD with 1.2 MW biomass based power

plant.

2.4.2 The Bidder must submit (upLoId online) their Bids in Two Part separately as

mentioned below.

DOC – I : TECHNICAL BID

DOC – II : FINANCIAL BID

2.4.3 DOC – I : TECHNICAL BID

To contain the following:

Complete set of Bid document duly signed on each and every page and stamped.

Note: Under no circumstances, a Bidder should not quote any rate in Technical Bid.

Financial Bid (Price offer) shall have to be upLoIded on e-procurement website.

DOC – I

TECHNICAL BID including of credentials in Proforma as under ---

A. General information :

1. Name of the firm :

2. Nature of the firm:

3. Year of establishment :

4. Company Registration No.:

5. Registered Address:

6. Correspondence Address :

With Tel. & Fax No. & E-mail

7. Address of Branches if any :

8. Name & address of Directors & Keypersons, in case of Limited Company

Name & Address of partners, in case of partnership firm along with Deed and

MOU. Telephone, Fax & E-mail for correspondence.

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8 Signature of Bidder with Seal

Name, Address, Telephone, Fax & E-mail for correspondence. of proprietor,

In case of sole proprietary firm:

10. Permanent Account Number :

11. Registration No. of PF.

12. VAT,CST & Service Tax Regestration Certificate (Valid as on Tender Date)

13. Excise Registration No.:(if required)

14. Works Contract Registration under section 7 and 11 of Contract Labour Act

1970

15. A copy of Latest Income Tax Return :

16. Name of banker Telephone, Fax & E-mail with full address:

17. Type of account and account no.: A scaned copy of cancelled cheque should be

upLoIded.

18. Company profile with reference to work performance.

2.4.4 DOC – II : FINANCIAL BID

To Contain the following:

‘Financial Bid Proforma’ (Financial bid should be submitted online in the format

available on the e-procurement website. In no case the financial offer/ rate should be

revealed/ filled in any of the scanned document.)

2.4.5 The ‘Technical bid' (DOC – I) shall be opened on dated 17-08-2017 at 11.00 AM in

presence of Bidder or their authorized representatives who wish to be present at the

time of opening. Financial bids of those Bidders who qualify on the basis of detailed

evaluation of technical bids will be opened later on a date. The date and time of

opening of financial bid shall be intimated to qualified Bidders. The Bidder or his one

representative will be allowed during opening process of financial bid.

2.4.6 Rate should be quoted monthly in figures and words. Rate should be quoted

lumpsum for a period of one month except service tax. Service tax will be shown

seprately in Financial / Price Bid. During comparison of rates , service tax will be

excluded. Rate quoted shall be firm during the whole contract period including

extended period if so.

2.4.7 The Bidder shall quote his price in English both in figures as well as in words. The

amount of Bid offered by the Bidder shall be in the ‘Financial Bid Proforma’ of the

Bid document and duly signed by the Bidder.

2.4.8 All scanned copies of entries in the Bids shall either be typed or be in ink. Erasures or

over-writing is not permitted and may render such Bids liable to summarily rejection.

All corrections and alterations shall be duly attested by the Bidder with date and seal.

2.4.9 All pages of the Bid document shall be initialed with seal at the lower right hand

corner or signed with seal wherever required in the Bid Documents by the Bidder or

by a person holding power of attorney (copy to be enclosed with DOC – I of Bid)

authorizing him to sign on behalf of the Bidder before submission of Bids. All

signatures in Bids documents shall be dated as well.

2.4.10 RSGSM may issue Addenda/corrigendum to the Bid documents prior to the date of

submission of the Bid to clarify documents or to reflect modifications in the design or

contract terms. All such addenda/corrigendum issued shall form part of Bid

documents and the RSGSM may at its discretion, extend the deadline for the

submission of bids for reasonable time to take the amendment/s into account in

preparing the bids.

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9 Signature of Bidder with Seal

2.4.11 The Bid price quoted shall be inclusive of all costs including insurance, taxes, duties,

CPF etc. and any claim whatsoever for enhancement of Bid price quoted on any

account shall not be entertained. However, the Taxes as have formed part of the Bid

shall be paid on actual basis. Any increase/ decrease in rate of taxes or any inclusion /

deletion of tax after the due date of submission of Bid, shall be given effect to.

2.4.12 No increase/escalation in price will be allowed till completion of the agreement

period.

2.4.13 A period of 30 days will be taken into consideration for the purpose of calculation for

the part of month. Otherwise a month means a calender month.

2.4.14 The information given in the Bid document and the plans and drawings forming part

thereof is merely intended as general information without any undertaking on the part

of the RSGSM as to their accuracy and without obligation relative thereto upon the

RSGSM. Before submitting Bids, the Bidder are advised to inspect the site of work

and the environments and be well acquainted with the actual working and other

prevalent conditions, facilities available, rules and regulations of Central and State

Government Acts governing the operation of the Distillery. No claim will be

entertained later on the grounds of lack of knowledge.

2.4.15 The enclosures to be attached along with DOC- I of the Bid shall include the

following besides other such enclosures which may have been specified elsewhere in

the Bid documents.

2.4.16 The details i.e. name of each plant, capacity of the plant in KLPD, durartion of work

must be attached along with successful performance certificate.

2.4.17 Valid PAN, TIN, Excise registration No., Service Tax Registration No., Sales

Tax/VAT Registration No. Certificates in true copies / photocopies duly attested by a

competent authority are required to be submitted.

2.4.18 Power of Attorney or Authority letter of the person who has signed the Bids. .

2.4.19 Any other documents required in terms of this notice.

2.5 OTHER

2.5.1 The Bids shall be filled complete in all respects and shall be together with requisite

information in the manner detailed above. Any Bids incomplete in any respect and

violating any of the instructions shall be liable to be rejected. If the space in the Bids

or any schedule or Performa is insufficient, pages may be separately added and

numbered.

2.5.2 The power to acceptance of Bids will rest with the RSGSM and it is not binding on

the RSGSM to accept the lowest Bids or any of the Bids. The RSGSM reserves the

rights to reject any or all the Bids without assigning any reason thereof.

2.5.3 The overall responsibility for performance as per perameters specified in this bid

document shall be of successful bidder.

2.5.4 Conditional Bids and Bids which are incomplete and otherwise considered defective

and not in accordance with the Bid conditions, are liable to be rejected.

2.5.5 If the Bidder deliberately gives wrong information in his Bids, the RSGSM reserves

the right to reject such Bids at any stage or to cancel the contract, if awarded and

forfeit Bid security .

2.5.6 Canvassing in any form in connection with the Bids is strictly prohibited and the Bids

submitted by the Bidder who resort to canvassing are liable for rejection.

2.5.7 The Bids submitted by a Bidder shall become property of the RSGSM who shall have

no obligation to return the same to the Bidder.

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10 Signature of Bidder with Seal

2.5.8 The RSGSM shall not be liable for any expenses incurred by the Bidder in the

preparation and submission of the Bids irrespective of whether the Bids is accepted or

not.

2.5.9 Other facilities, if any, provided by the RSGSM to the Bidder beyond the provisions of

Agreement, charges of such facilities shall be recovered from the Bidder.

2.5.10 The Bidder shall have to carefully study and understand the conditions, etc. If there is

any doubt about the meaning of any terms, conditions then it should refer to in Pre

Bid Conference and get clarification. The decision of DIC of RSGSM regarding

interpretation of the conditions shall be final and binding on the Bidders.

2.5.11 Bidders are hereby explicitly warned that the Individuals signing the Tender must

specify as follows:-

a. Whether signing as sole proprietor of the firm.

b. Whether signing as registered active partner of the firm.

c. Whether signing for the firm as an authorized signatory.

d. In case of companies and registered firms whether signing as secretary, manager,

Partner, Director, etc. will submit an authorization from the company to do this. A

copy of any document under which such authority is given should be forwarded

with the bid, if a copy has not already been sent to the RSGSM already.

2.5.12 The Bidder shall not Assign this contract to other entity.

2.5.13 The Bidder should Sign the Bid Form at the end of each page as token of his

acceptance of all the terms and conditions of the Bid.

2.5.14 Bids shall be submitted online only.

2.5.15 In the event of any breach of conditions of the contract at any time on the part of the

Bidder, the contract may be terminated summarily by the Director In-charge with

such conditions as may be deemed fit.

2.5.16 All legal proceedings, arising out of Bid/LoI/ contract shall be subject to the

jurisdiction of the courts situated at Jaipur City only.

2.5.17 In case of any dispute arising out of any matter related to the bid/contract/ LoI, the

matter will be referred to Sole Arbitrator appointed by Director In-Charge, RSGSM

whose decision shall be final and binding on both the parties. The place of arbitration

shall be jaipur. The fees and other expenses of the arbitrator shall be borne by both

parties equally.

2.5.18 (i) The RSGSM reserves the right to accept any bid not necessarily the lowest,

reject any bid without assigning any reasons.

(ii) If the Bidder resiles from his offer or offers new terms after opening of the bid,

his Bid-Security is liable to be forfeited.

(iii) The submission of more than one bid under different names is prohibited.

(iv) Any relationship or business connection that may exist between the Bidder and

any official of the Rajasthan State Ganganagar Sugar Mills Ltd., should be

declared. If this information is found to have been suppressed, then Contract, if

any, entered into may be cancelled forthwith without notice and compensation

and any amount which may have been deposited shall be forfeited.

2.5.19 Prospective Bidders requiring any further information or clarification on the bid

documents may notify in writing at the E-mail address [email protected] or

may be faxed at 0141-2740676.

2.5.20 A pre-bid meeting of all prospective Bidders will be held at the address, date & time

indicated in ‘Notice Inviting Bid’ to clarify and answer queries of the Bidders.

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11 Signature of Bidder with Seal

2.5.21 The RSGSM response (including an explanation of the queries) will be sent in writing

or through email to all prospective Bidder’s & will also be upLoIded on RSGSM

website www.rsgsm.in

2.6 AMENDMENT OF BID DOCUMENTS

2.6.1 At any time prior to the deadline for submission of bids, the RSGSM may, for any

reason, whether at its own initiative or in response to a clarification requested by a

prospective Bidder, modify the bid documents by amendment/ corrigendum/addenda.

2.6.2 The amendment, which shall be part of the Bid Document, will be notified only online

on the E-procurement portal i.e. www.eproc.rajasthan.gov.in.

2.6.3 In order to afford prospective Bidder reasonable time to take the amendment/s into

account in preparing their bids, the purchaser may, at its discretion, extend the

deadline for the submission of bids.

2.7 LANGUAGE OF BID

2.7.1 The bid prepared by the Bidder, and all correspondence and documents relating to the

bid exchanged by the Bidder and/or the RSGSM, shall be written in the English

language.

2.8 BID CURRENCIES

2.8.1 Prices shall be quoted in Indian Rupee only.

2.9 PERFORMANCE SECURITY/ SECURITY DEPOSIT

2.9.1 Successful Bidder shall have to deposit Performance Security ( Security Deposit) of

an amount equal to 5% of annual price under contract including taxes, duties as

quoted. The amount of Bid security will be adjusted in this account. The Security is to

be deposited by way of DD/ BG (from any scheduled bank) in favour of The

Rajasthan State Ganganagar Sugar Mills Ltd., within 15 days from the date of issue of

LOI. The LOI issued to the successful Bidder shall form the part of the agreement.

Non submission of performance security ( Scurity Deposit ) shall lead to cancellation

of the BID and forfeiture of EMD/BID Security. The validity of B.G. for performance

security must be 30 months from the date of agreement. The performance Security

will be refunded after expiry of contract period. If the successful Bidder fails to

deposit the required security amount within the period specified, such failure will be

treated as breach of the terms & conditions of the bid and will result in the forfeiture

of the Bid security.

2.9.2 Any Bid submitted without Bid security will be rejected.

2.9.3 Bid security of unsuccessful Bidders will be discharged or returned promptly upon

signing of the agreement with the successful Bidder, but in any event not later than

thirty (30) days after the execution of agreement.

2.10 PERIOD OF VALIDITY OF BIDS

2.10.1 Bids shall remain valid for a period of one hundred twenty (120) days from the date of

submission of Bids. Bids which are submitted with a validity period shorter than 120

days or fail to mention the validity period shall be treated as non- responsive and shall

be rejected.

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2.10.2 The RSGSM may solicits Bidder’s consent to an extension of the period of bid

validity. The request and the responses there to shall be made in writing (or by email).

However, Bidder can refuse the request to extend the period of validity without

forfeiting his bid security. A Bidder agreeing to the request to extend the validity

period however will not be permitted to modify his bid.

2..10.3 The RSGSM will notify the successful Bidder in writing by letter, or by email the

acceptance of the bid(LOI).

2.10.4 The Letter Of Intent (LoI/LoI)/acceptance of bid will constitute the formation of a

contract, until the contract/agreement has been effected.

2.11 SIGNING OF CONTRACT/AGREEMENT

2.11.1 At the time of issue of LOI, the RSGSM will send the successful Bidder the ‘Form of

Contract’ provided in the Bid Document, containing all clauses of Terms and

Conditions between the parties.

2.11.2 Unless extended, within fifteen (15) days of acceptance of LOI, the successful Bidder

shall sign with date and seal the Contract/agreement jointly with the RSGSM and

return it to the RSGSM or if deemed proper the purchaser may call the successful

Bidder to sign the agreement at Purchaser Head Office at Jaipur. The signing of

agreement shall take place only after submission of the required document not

submitted with the bid. On behalf of the successful Bidder the agreement shall be

signed only by the authorized signatory in whose favour the valid authority has been

issued (copy need to be attached).

2.11.3 The ‘Agreement’ between the RSGSM and successful Bidder shall be effective from

the date of signing it by the successful Bidder and RSGSM.

2.12 Manpower /staff :

2.12.1 All persons engaged by the firm directly or indirectly shall be employees of the firm

and it is obligatory on the part of the firm to cover all their employees under workman

compensation Act, by group insurance or otherwise.

2.12.2 The contractor will be responsible for deduction of Employees provident Fund as per

Act of 1952 and any other such liability from their employees and RSGSM will not

be responsible for any monetary claim or payment to the employees of the firm or to

any other statutory authorities under the employees provident fund, Family pension

Fund or any other liabilities.

2.12.3 The contractor will be liable to comply with the provisions of The Contract Labour (

Regulation and Abolition) Act 1970 and Rules made there under by Government of

Rajasthan, 1971 and other labour laws in force as may be applicable in future also.

2.12.4 In the event of any accident/causality etc. of the employees of the firm, RSGSM will

not be responsible and Firm will ensure all safety measures for its employees.

2.12.5 The contractor shall ensure that the age of their employees will not be less than 18

years in any case..

2.13 Accommodation

2.13.1 LoIdging ,boarding and food facilities for manpower will be arranged by the bidder

himself.

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2.14 Payment terms

2.14.1 The rate should be quoted for a period of one month on lumpsum basis excluding

service tax only. An invoice for each month will be submitted to RSGSM by 7th date

of succeeding month.

2.14.2 The contractor will submit the invoice for payment once after completion of the

month. The contractor will have to submit a certificate regarding deposition of PF,ESI

etc. liabilities of previous month alongwith current bill/invoice.

2.14.3 Payment to firm will be made from the date of starting of production.

2.14.4 No deduction shall be made on account of cleaning days. Cleaning Days will be

decided by G.M. Sriganganagar.

2.15.5 All TDS/TCS as applicable will be deducted / collected at source.

2.14.6 No advance payment shall be made.

2.14.7 Apart from above circumstances, if any issues regarding payment or compensation

will arise, the same will be settled by GM, Sriganganagar. The decision of GM,

Sriganganagar will be final and be acceptable to the contractor.

2.14.8 The Law relating to procurement "'The Rajasthan Tarnsparency in Public

Procurement Act, 2012" {hereinafter called the Act} and the "Rajasthan Public

Procurement Rules, 2013" {hereinafter called the Rules} under the said Act have

come into force which are available on the website of state public Procurment Portal

http:/sppp.raj.nic.in. Therefore, the Bidders are advised to acquaint themselves with

the provisions of the Act and the Rules before participating in the Bidding process. If

there is any discrepancy between the provisions of the Act and the Rules and this

Bidding Document, the provisions of the Act and the Rules shall prevail.

3.0 Scope of Work

Part -1 Operation and Production

All manufacturing / production activities starting from repairing and

maintenance , grain/ molasses handling, grain milling, fermentation, distillation,

production of rectified spirit up to storage section, boiler, turbine, bio-methanation,

evaporation, DDGS, CPU, WTP, bio-composting, biomethenation, all kind of packing

and other related works which are not specified elsewhere. Means, all arrangements

related to work of operation and maintenance of distillery and captive power plant

will be made by the successful bidder.

Part-II Maintenance

All mechanical / electrical/instrumentation/ DCS type of services

including routine maintenance, trouble shooting, preventive/predictive maintenance,

overhauling services during the contract period.

Part III Manpower

Required all manpower for above mentioned part I and II shall be arranged by

successful bidder himself. Staff of RSGSM will only be used in monitoring .

4.0 Bids and costs thereof

4.1 The Bidder shall make a single Bid.

4.2 The Bidders shall be responsible for all of the costs associated with the preparation

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of their Bids and their participation in the Bid Process. The RSGSM will not be

responsible or in any way liable for such costs, regardless of the conduct or outcome

of the Bidding Process.

5.0 Site visit and verification of information

5.1 Bidders are encouraged to submit their respective Bids after ascertaining for themselves

the plant and machinery of Distillery at site and other site conditions like- location,

surroundings, climate, availability of power, water and other utilities, access to site,

handling and storage of materials, weather data, applicable laws and regulations etc.

and any other matter considered relevant by them.

6.0 Acknowledgement by Bidder

6.1 It shall be deemed that by submitting the Bid, the Bidder has:

(a) made a complete and careful examination of the BD;

(b) received all relevant information requested from the RSGSM;

(c) accepted the risk of inadequacy, error or mistake in the information provided in

the BD or furnished by or on behalf of the RSGSM relating to any of the

matters referred to in Clauses of this Bid Document.

(d) agreed to be bound by the undertakings provided by it under and in terms

hereof.

6.2 The RSGSM shall not be liable for any omission, mistake or error in respect of any of

the above or on account of any matter or thing arising out of or concerning or

relating to the BD or the Bidding Process, including any error or mistake therein or

in any information or data given by the RSGSM.

7.0 Right to accept or reject any or all Bids/ Bids

7.1 Notwithstanding anything contained in this BD, the RSGSM reserves the right to accept

or reject any Bid or Bid and to annul the Bidding Process and reject all Bids, at any time

without any liability or any obligation for such acceptance, rejection or annulment, and

without assigning any reasons therefore. In the event that the RSGSM rejects or annuls all

the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids

hereunder.

7.2 The RSGSM reserves the right to reject any Bid and/ or Bid if:

(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Bidder does not provide, within the time specified by the RSGSM, the

supplemental information sought by the RSGSM for evaluation of the Bid or

Bid.

If such disqualification/ rejection occurs after the Bids have been opened and the

Lowest Bidder gets disqualified/ rejected, then the RSGSM reserves the right to:

(i) invite the Bidder with the next Lowest; or

(ii) take any such measure as may be deemed fit in the sole discretion of the

RSGSM, including annulment of the Bidding Process.

7.3 In case it is found during the evaluation or at any time before signing of the Agreement,

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or after its execution and during the period of subsistence thereof, that one or more of the

qualification conditions contained in this BD have not been met by the Bidder, or the

Bidder has made material misrepresentation or has given any materially incorrect or false

information, the Bidder could be disqualified forthwith if not yet appointed as the

Concessionaire either by issuance of the LOI or entering into of the Concession

Agreement, and if the Bidder has already been issued the LOI or has entered into the

Concession Agreement, as the case may be, the same shall, notwithstanding anything to

the contrary contained therein or in this BD, be liable to be terminated, by a

communication in writing by the RSGSM to the Bidder, without the RSGSM being liable

in any manner whatsoever to the Bidder and without prejudice to any other right or

remedy which the RSGSM may have under this BD, the Bidding Documents, the

Agreement or under applicable law.

7.4 The RSGSM reserves the right to verify all statements, information and documents

submitted by the Bidder in response to the BD. Any such verification or lack of such

verification by the RSGSM shall not relieve the Bidder of its obligations or liabilities

hereunder nor will it affect any rights of the RSGSM thereunder.

8. EVALUATION PROCESS

8.1 The RSGSM shall open the Bids on 17-08-2017 at 11.00 A.M. IST at the

place specified in the presence of the Bidders who choose to attend.

8.2 The RSGSM will subsequently examine and evaluate Bids in accordance with

the provisions.

8.3 Any information contained in the Bid shall not in any way be construed as binding

on the RSGSM, its agents, successors or assigns, but shall be binding against the

Bidder if the Work is subsequently awarded to it on the basis of such information.

8.4 The RSGSM reserves the right not to proceed with the Bidding Process at any

time without notice or liability and to reject any or all Bid(s) without assigning any

reasons.

8.5 If any information furnished by the Bidder is found to be incomplete, or contained in

formats other than those specified herein, the RSGSM may, in its sole discretion,

exclude the relevant information of the Bidder from consideration or reject whole bid.

9.0 Confidentiality

Information relating to the examination, clarification, evaluation, and recommendation

for the qualified Bidders shall not be disclosed to any person who is not officially

concerned with the process or is not a retained professional advisor advising the

RSGSM in relation to, or matters arising out of, or concerning the Bidding Process.

The RSGSM will treat all information, submitted as part of Bid, in confidence and will

require all those who have access to such material to treat the same in confidence. The

RSGSM may not divulge any such information unless it is directed to do so by any

statutory entity that has the power under law to require its disclosure or is to enforce or

assert any right or privilege of the statutory entity and/ or the RSGSM or as may be

required by law or in connection with any legal process.

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10. Tests of responsiveness

10.1 Prior to evaluation of Bids, the RSGSM shall determine whether each Bid is

responsive to the requirements of the BD. A Bid shall be considered responsive only if:

(a) it is received as per format .

(b) it is received by the Bid Due Date including any extension .

(c) it is signed on each and every page of BD.

(e) it contains all the information and documents (complete in all respects) as

requested in this BD;

(f) it contains information in formats same as those specified in this BD;

(g) it contains certificates from the Auditors,

(h) it contains Bid Security as specified, Bid Form Fee and e- Tender Process Fee.

(i) it does not contain any condition or qualification;

10.2 The RSGSM reserves the right to reject any Bid which is non-responsive and

no request for alteration, modification, substitution or withdrawal shall be entertained

by the RSGSM in respect of such Bid.

11. Clarifications

11.1 To facilitate evaluation of Bids, the RSGSM may, at its sole discretion, seek

clarifications from any Bidder regarding its Bid. Such clarification(s) shall be

provided within the time specified by the RSGSM for this purpose. Any request for

clarification(s) and all clarification(s) in response thereto shall be in writing.

11.2 If an Bidder does not provide clarifications sought within the prescribed time,

its Bid shall be liable to be rejected. In case the Bid is not rejected, the RSGSM may

proceed to evaluate the Bid by construing the particulars requiring clarification to the

best of its understanding, and the Bidder shall be barred from subsequently

questioning such interpretation of the RSGSM.

11.3 Proprietary data :-

All documents and other information supplied by the RSGSM or submitted by an

Bidder to the RSGSM shall remain or become the property of the RSGSM. Bidders

are to treat all information as strictly confidential and shall not use it for any purpose

other than for preparation and submission of their Bid. The RSGSM will not return

any Bid or any information provided along therewith.

11.4 Correspondence with the Bidder

Save and except as provided in this BD, the RSGSM shall not entertain any

correspondence with any Bidder in relation to the acceptance or rejection of any Bid.

12. Fraud and corrupt practices 12.1 The Bidders and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the Bidding Process. Notwithstanding

anything to the contrary contained herein, the RSGSM may reject an Bid without

being liable in any manner whatsoever to the Bidder if it determines that the Bidder

has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent

practice, coercive practice, undesirable practice or restrictive practice in the Bidding

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Process.

12.2 For the purposes of this Clause , the following terms shall have the meaning

hereinafter respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the actions of any

person connected with the Bidding Process (for avoidance of doubt, offering

of employment to, or employing, or engaging in any manner whatsoever,

directly or indirectly, any official of the RSGSM who is or has been

associated in any manner, directly or indirectly, with the Bidding Process or

the LOI or has dealt with matters concerning the Concession Agreement or

arising therefrom, before or after the execution thereof, at any time prior to

the expiry of one year from the date such official resigns or retires from or

otherwise ceases to be in the service of the RSGSM, shall be deemed to

constitute influencing the actions of a person connected with the Bidding

Process); or (ii) save and except as permitted under sub clause (c) engaging in

any manner whatsoever, whether during the Bidding Process or after the issue

of the LOI or after the execution of the Agreement, as the case may be, any

person in respect of any matter relating to the Work or the LOI or the

Concession Agreement, who at any time has been or is a legal, financial or

technical adviser of the RSGSM in relation to any matter concerning the

Work;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression

of facts or disclosure of incomplete facts, in order to influence the Bidding Process;

(c) “coercive practice” means impairing or harming or threatening to impair or harm,

directly or indirectly, any person or property to influence any person’s participation or

action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with

or employed or engaged by the RSGSM with the objective of canvassing, lobbying or

in any manner influencing or attempting to influence the Bidding Process; or (ii)

having a Conflict of Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a full and

fair competition in the Bidding Process.

13. OBLIGATIONS OF SUCCESSFUL BIDDER:

13.1 To carry out operation, production, maintenance and trouble shooting activities .

13.2 To Check all agreed quality parameters and to take necessary steps to ensure that

production is as per agreed parameters .

13.3 All tools , tackles and other machinery & equipmnets shall be physically handed over

to successful Bidder by RSGSM as required by their Personnel for providing the

services. RSGSM shall provide all tools and tackles to SUCCESSFUL BIDDER and

SUCCESSFUL BIDDER shall maintain and responsible for the loss of tools. In case

any special tools and tackls are required at any moment of time, SUCCESSFUL

BIDDER and RSGSM will discuss and mutually agree on that.

13.4 Successful bidder will be responsible for any damage of machinery during operation,

maintence if occurred due to negligence of its staff. If machinery is damaged due to

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manufacturing defects, then loss will be borne by the RSGSM or supplier of

Machinery, as the case may be.

13.5 SUCCESSFUL BIDDER would be completely responsible for the safety of its

employees and shall take all steps required under the laws or otherwise in this

direction, RSGSM shall not be responsible for any claim or compensation for the staff

engaged by SUCCESSFUL BIDDER.

13.6 SUCCESSFUL BIDDER shall follow and comply with all the legal requirement

related to the services being provided by it and its employees including the laws

related to provident Fund, Factories Act, ESI and Minimum Wages Act.

13.7 SUCCESSFUL BIDDER shall follow all the instruction mentioned in the Bid

document.

13.8 Performance parameter for Distillery operation: - SUCCESSFUL BIDDER would be

responsible to give following performance targets in respect of various main

parameters :

A

Assumed Molasses Quality - Feedstock in Season

Fermentable Sugar % 40-45%(av. 42%)w/w

F/N Ratio 0.9 Minimum

Sulphated ash Max. 15 %

Assumed Grains Quality - Feedstock in off Season

Starch Content % 60-70% (av. 65%) w/w

Fibre 3%

Moisture 8-12%

B- Distillery efficiencies (Targets)

Starch Conversion efficiency(Grain) 97%

Fermentation efficiency 90%

Distillation efficiency 98.5%

Boiler Efficiency 70 % Minimum

Production

Gross operating days on molasses 140 days

Gross operating days on grain 190 days

Capacity utilisation target +100 %

RS production(Minimum) 28.5 KLPD

Impure Spirit (Maximum) 1.5 KLPD

Yield --- For Grain 422 BL / MT at 65 % Starch

For Molasses 250 BL / MT at 42 % F/S

13.9 Consumption parameters:-

S.No. Raw materials/nutrients/chemicals Consumption

1 Grains (65 % starch) 75 MT per day

2 Molasses (42%F.S.) 120 MT per day

3 Yeast 18-20 kg. per day for molasses

30 kg. per day for grain

4 Enzymes---

Liquefying enzymes 24.5 kg. per day

Viscosity enzymes 14.7 kg. per day

Seccharifying enzymes 24.5 kg. per day

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5 DAP 35 kg. per day

6 Urea 50 kg. per day

7 Conc. Sulphuric Acid (96%) 30 Ltr. per day for molasses

8 Antifoam as per process requirement

9 Antibiotics and other

Preservatives

2 to 5 kg. per day

10 Cleaning Agents 30 Ltr. per day

11 Caustic Soda @ 45% w/w 50 kg. per day for grain

in molasses as per process requirement

12 Steam Consumption 7.00 kg. / Ltr. of RS (for grain)

5.2 kg. / Ltr. of RS (for molasses)

13.10 Quality of Rectified Spirit, Bio-compost and DDGS-

S.No. Characteristics Specifications

Rectified Spirit

1 Specific Gravity @15.6 Degree Cent. (Max.) 0.8171

Ethnol content% by volume @15.6 Deg.Cen.

(Min.)

94.68

2 Degree Overproof Minimum 66

3 Miscibility with water Miscible

4 Alkalinity Nil

5 Acidity (Acetic Acid)% by w. Max. 0.002(20ppm)

6 Residue on evaporation% by w. Max. 0.005(50ppm0

7 Aldehydes as Aceteldehydes g/100 ml (Max.) 0.006(60ppm)

8 Esters as Ethyl Acetate g/100 ml Max. .02 (200ppm)

9 Lead as pb g/100 ml Max. 0.001(1ppm)

10 Copper as cu, g/100 ml Max 0.004(4ppm)

11 Methyl Alcohol To satisfy Test

12 Fusel Oil To satisfy Test

13 Furfural To satisfy Test

Bio-Compost

1 Moisture Less than 35 %

2 Organic Carbon 20 to 25 %

3 Phosphorus 1.5 to 2 %

4 Potassium 2.3 to 5 %

5 Nitrogen 1.5 to 2 %

6 C: N Ratio Less than 17

DDGS (Based on Rice)

1 Solids (W/W) DWGS 30 % Minimum

2 Moisture 10 to 12 %

3 Protein 35 to 40 %

13.11 Guidelines and parameters prescribed by Rajasthan State Polution Control Board

(RSPCB) / Central Polution Control Board must be followed by the successful bidder.

Consent to operate is attached with this bid document for reference.

13.12 If parameters mentioned in above point no.13.8 B, 13.9, 13.10 and 13.11 are not

fulfilled, a penalty of Rs. 1,00,000 per parameter will be charged and apart from this

any penalty charged by Excise Department in voilation of excise rules, same will

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also be borne by the Successful Bidder. Parameters mentioned above will be checked

and deduction if any shall be made on monthly basis.

13.13 Recovery if any from successful bidder shall be made from performance security or

pending payment of bills. If full recovery can not be made from performance security

or pending bills, in such case the same shall be recovered under PDR Act .

14. Obligations of RSGSM

14.1 SUCCESSFUL BIDDER will only provide services to undertake production and

maintenance activities at the site. Successful Bidder will be provided all other things

like the Raw material, consumables, spare parts, tools and tackles.

14.2 RSGSM shall provide all necessary drawings/flow charts, schedule of all machinery

etc. to SUCCESSFUL BIDDER as and when required.

14.3 RSGSM shall arrange the inspection and certification for equipment like boiler, safety

valves, pressure vassels, weigh bridges , cranes, chain blocks and storage vassels.

14.4 To Provide all consumables viz. like welding rods, special electrodes, Oxy-Acetylene

gas cylinders, cutting & grinding wheels and discuss standard consumption quantity.

14.5 To provide all tools and tackles required for doing the maintenance activities along

with hand tools for each technician in all streams

(mechanical/electrical/instrumentation).

14.6 To provide canopy / covers materials for protecting instrumentation from dust and

foreign materials.

14.7 To provide all spares / impulse tubing / glands /packing / hardware / materials

required for providing the services.

14.8 To provide mutually agreed spare parts for the equipment.

14.9 All civil works.

14.10 All statutory and legal charges/ expenses related to distillery operation shall be borne

by RSGSM.

15. COMMON OBLIGATIONS :

15.1 Inventory levels for spares and consumable will be prepared after mutual discussions

and quality check of all spares and consumables will be done jointly by both the patrties.

16. CONTRACT PERIOD :

16.1 The contract period is for two years from date of LoI . If performance will be found as

per performance parameters, then the period of contract may be extended upto 50 % under

repeat order clause of RTPP Rules, 2013.

17. CONTRACT UNASSIGNABLE

17.1 SUCCESSFUL BIDDER shall not directly or indirectly assign agreement to other

agency contemplated under this assignment.

18. CONFIDENTIALITY

18.1 All information/ date supplied by RSGSM or derived there from, are strictly

confidential and shall not in any way either directly or indirectly be revealed by

SUCCESSFUL BIDDER.

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19 CONTRACTOR’S GENERAL INDEMNITY :

19.1 RSGSM shall not be held responsible or liable for any loss, damage or expenses

resulting from the contractor’s execution of the contract .

19.2 The contractor shall indemnify, defend and hold RSGSM from any and all claims,

action, loss, expenses, damages and liabilities with regard to person or property

resulting from any act, negligence or otherwise or misconduct of the contractor, or his

employees, representatives, agents including subcontracts.

20 FORCE MAJEURE :

20.1 Neither party shall be liable for any delay or failure on its part in performing any of its

obligations under this agreement resulting from any cause beyond its reasonable

control including but not limited to strikes or other concerted, acts of

workmen/employees, material shortages, lockout, fire, flood, explosion, riots, acts of

god, acts of Government and war or enemy action, any order of court or other judicial

authorities.

20.2 In case of occurrence of any such event the party which is thereby prevented from

performing its obligations shall advise the other party thereof by registered

mail/fax/courier within 15 days indicating the nature of the event and the commencing

dates together with documents if any, evidencing the occurrence of the event.

21 DISPUTE RESOLUTION & ARBITRATION :

21.1 In the event of any breach of conditions of the contract at any time on the part of the

Bidder, the contract may be terminated summarily by the Director In-charge with

such conditions as may be deemed fit.

21.2 In case of any dispute arising out of any matter related to the bid/contract/ LoI, the

matter will be referred to Sole Arbitrator appointed by Director In-Charge, RSGSM

whose decision shall be final and binding on both the parties. The place of arbitration

shall be jaipur. The fees and other expenses of the arbitrator shall be borne by both

parties equally.

22 JURISDICTION OF COURTS :

22.1 All legal proceedings, arising out of Bid/LoI/ contract shall be subject to the

jurisdiction of the courts situated at Jaipur City only.

23 NOTICES AND TIME Any notice, or other communication given or made

under this Agreement shall be in writing and may be delivered to the relevant parties

or sent by e-mail/letter/ courier or facsimile transmission to the address specified in

this agreement with necessary proof of document.

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Annexure D : Additional Conditions of Contract

1. Correction of arithmetical errors

Provided that a Financial Bid is substantially responsive, the Procuring Entity will correct arithmetical errors during evaluation of Financial Bids on the following basis:

i. If there is a discrepancy between the unit price and the total price that is obtained by

multiplying the unit price and quantity, the unit price shall prevail and the total

price shall be corrected, unless in the opinion of the Procuring Entity there is an

obvious misplacement of the decimal point in the unit price, in which case the total

price as quoted shall govern and the unit price shall be corrected;

ii. If there is an error in a total corresponding to the addition or subtraction of subtotals,

the subtotals shall prevail and the total shall be corrected; and

iii. If there is a discrepancy between words and figures, the amount in words shall

prevail, unless the amount expressed in words is related to an arithmetic error, in

which case the amount in figures shall prevail subject to (i) and (ii) above.

If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its Bid shall be disqualified and its Bid Security shall be forfeited or its Bid Securing Declaration shall be executed.

2. Procuring Entity’s Right to Vary Quantities

i. If the Procuring Entity does not procure any subject matter of procurement or

procures less than the quantity specified in the Bidding Document due to change in

circumstances, the Bidder shall not be entitled for any claim or compensation

except otherwise provided in the Conditions of Contract.

ii. In case of procurement of Goods or services, additional quantity may be procured by

placing a repeat order on the rates and conditions of the original order. However,

the additional quantity shall not be more than 50% of the value of Goods of the

original contract and shall be within one month from the date of expiry of last

supply. If the Supplier fails to do so, the Procuring Entity shall be free to arrange

for the balance supply by limited Bidding or otherwise and the extra cost incurred

shall be recovered from the Supplier.

3. Dividing quantities among more than one Bidder at the time of award (In case of

procurement of Goods)

As a general rule all the quantities of the subject matter of procurement shall be

procured from the Bidder, whose Bid is accepted. However, when it is considered that

the quantity of the subject matter of procurement to be procured is very large and it may

not be in the capacity of the Bidder, whose Bid is accepted, to deliver the entire quantity

or when it is considered that the subject matter of procurement to be procured is of

critical and vital nature, in such cases, the quantity may be divided between the Bidder,

whose bid is accepted and the second lowest Bidder or even more Bidders in that order,

in a fair, transparent and equitable manner at the rates of the Bidder, whose bid is

accepted.

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