Request For Proposal (RFP) To Select Service Provider For …office.incometaxindia.gov.in/kanpur/Lists/Tenders/... · 2016-12-28 · NEW DELHI Request For Proposal (RFP) To Select

Reference No. Directorate of Income Tax (Systems)

DIRECTORATE OF INCOME-TAX (SYSTEMS)

INCOME-TAX DEPARTMENT

GOVERNMENT OF INDIA

NEW DELHI

Request For Proposal (RFP) To Select Service Provider For

Integrated Facility Management Services For Aayakar

Bhawan At Vaishali, Ghaziabad (U.P.)


I

Contents

Section 1 – Notice Inviting Bids ............................................................................................. 1

Section 2 – Instruction to Bidders ......................................................................................... 3

1. General ............................................................................................................................... 4

1.1 Purpose .................................................................................................................................. 4

1.2 Definitions .............................................................................................................................. 4

2. Schedule of Bid Process ................................................................................................. 6

3. General Instructions to Bidders ..................................................................................... 8

3.1 Basic Information .................................................................................................................. 8

3.2 Completeness of Response................................................................................................ 8

3.3 Availability of Bid Documents ............................................................................................. 9

3.4 Authentication of Bids .......................................................................................................... 9

3.5 Interlineations in Bids ........................................................................................................... 9

3.6 Acknowledgment of Receipt ............................................................................................... 9

3.7 Pre-Bid Conference ........................................................................................................... 10

3.8 Bidder Queries & Directorate of Income Tax (Systems) Responses ........................ 10

3.9 Response to Pre-Bid Queries & Issue of Corrigendum ................................................ 10

3.10 Bid Preparation Costs ........................................................................................................ 11

3.11 Purchaser‟s Right to Terminate the Process ................................................................. 11

3.12 Venue and Deadline for Submission of Bid .................................................................... 11

3.13 Last Date for Receipt of Bids ............................................................................................ 11

3.14 Late Bids .............................................................................................................................. 11

3.15 Bid Processing Fees .......................................................................................................... 12

3.16 Bid Security ......................................................................................................................... 12

3.17 Consortium & Sub-Contracting ........................................................................................ 13

3.18 Conflict of Interest .............................................................................................................. 13

3.19 Fraud & Corrupt Practices ................................................................................................ 14

4. Bid Submission Instructions ........................................................................................ 16

4.1 Format of Submission ........................................................................................................ 16

4.2 Documents Comprising the Bids...................................................................................... 17

4.3 Authorized Signatory (Bidder) .......................................................................................... 18

4.4 Pre-Qualification Bid .......................................................................................................... 18

4.5 Technical Bid ....................................................................................................................... 18

4.6 Financial Bid ........................................................................................................................ 18

4.7 Deviations ............................................................................................................................ 18

4.8 Validity of Bids .................................................................................................................... 19

4.9 Amendment of RFP ........................................................................................................... 19

4.10 Language of Bids ............................................................................................................... 19


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4.11 Site Visits ............................................................................................................................. 19

4.12 Bid Prices............................................................................................................................. 19

4.13 Disqualification .................................................................................................................... 20

4.14 Modification & Withdrawal of Bids ................................................................................... 21

4.15 Rights to the Content of the Proposal ............................................................................. 21

4.16 Conditions ............................................................................................................................ 21

5 Bid Opening & Evaluation Process .............................................................................. 23

5.1 Bid Opening Stages ........................................................................................................... 23

5.2 Opening of Bid Documents ............................................................................................... 23

5.3 Evaluation Process ............................................................................................................ 23

5.4 Bid Evaluation ..................................................................................................................... 24

5.5 Pre-qualification (PQ) Criteria .......................................................................................... 24

5.6 Change in Pre-Qualification Criteria ................................................................................ 25

5.7 Key Terms for Pre-Qualification Criteria ......................................................................... 25

5.8 Evaluation of Pre-Qualification Bids ................................................................................ 26

5.9 Evaluation of Technical Bids ............................................................................................ 26

5.10 Evaluation of Financial Bids.............................................................................................. 28

5.11 Final Evaluation .................................................................................................................. 28

5.12 Contacting the Tendering Authority ................................................................................. 29

5.13 Bid Rejection Criteria ......................................................................................................... 29

6 Contract Finalization and Award .................................................................................. 31

6.1 Award Criteria ..................................................................................................................... 31

6.2 Notification of Award .......................................................................................................... 31

6.3 Signing of Contract ............................................................................................................. 31

6.4 Contract Finalization & Award .......................................................................................... 31

6.5 Performance Bank Guarantee .......................................................................................... 31

6.6 Action when whole Performance Bank Guarantee is Forfeited .................................. 32

6.7 Right of Owner to Forfeit Performance Bank Guarantee ............................................. 34

6.8 Failure to Agree With the Terms & Conditions of the RFP .......................................... 34

Section 3 – Bid Formats ........................................................................................................ 35

Prequalification Bid Formats ................................................................................................ 36

Form PQ 1: Pre- Qualification Bid Submission Letter .............................................................. 36

Form PQ 2: Prequalification Checklist ........................................................................................ 38

Form PQ 3: Certificate for not being debarred/blacklisted ....................................................... 39

Technical Bid Formats .......................................................................................................... 40

Form Tech 1: Technical bid submission letter ........................................................................... 40

Form Tech 2: Bidder‟s Details ...................................................................................................... 42

Form Tech 3: Bidder‟s Experience .............................................................................................. 43


III

Form Tech 4: Proposed Approach .............................................................................................. 44

Form Tech 5: List of Key Personnel ............................................................................................ 45

Form Tech 6: Curriculum Vitae of Key Personnel ..................................................................... 46

Financial Bid Formats ........................................................................................................... 47

Form Fin 1: Financial Bid Submission Letter ............................................................................. 47

Form FIN 2: Priced Bill of Material ............................................................................................... 49

Annexures ............................................................................................................................... 51

Annexure 1: Request for Clarification Format ............................................................................ 51

Annexure 2: Bid Security Format ................................................................................................. 52

Annexure 3: Performance Bank Guarantee Format ................................................................. 53

Annexure 4: Acknowledgement of Receipt of RFP ................................................................... 54

Section 4 – Scope of Work ................................................................................................... 55

1 Introduction ..................................................................................................................... 56

1.1 Objective .............................................................................................................................. 56

1.2 Broad Scope of Work ......................................................................................................... 56

1.3 Location & Area .................................................................................................................. 56

1.4 Layout................................................................................................................................... 57

2 Front Desk Services ....................................................................................................... 59

2.1 Overview .............................................................................................................................. 59

3 Housekeeping and Pest Control Services ................................................................... 60

3.1 Overview .............................................................................................................................. 60

3.2 Daily Services ..................................................................................................................... 60

3.3 Weekly Services ................................................................................................................. 61

3.4 Pest Control Services ........................................................................................................ 62

3.5 Equipment & Material to be provided by the Contractor: ............................................. 63

4 Technical Support Services .......................................................................................... 64

4.1 Overview .............................................................................................................................. 64

5 Horticulture Services ..................................................................................................... 65

5.1 Overview .............................................................................................................................. 65

5.2 Jobs to be performed by the Contractor ......................................................................... 65

5.3 Equipment & Material to be Provided by the Contractor .............................................. 66

5.4 Responsibilities of Contractor ........................................................................................... 66

6 Security and Safety Related Services .......................................................................... 67

6.1 Overview .............................................................................................................................. 67

7 Telephone Maintenance Services................................................................................. 69

7.1 Overview .............................................................................................................................. 69

8 Program Management .................................................................................................... 70

8.1 Overview .............................................................................................................................. 70


IV

9 Summary of Personnel and Material ............................................................................ 71

9.1 Summary of Personnel Requirement .............................................................................. 71

9.2 Minimum Qualification/Experience for personnel .......................................................... 72

9.3 Summary of Material Requirement .................................................................................. 73

Section 5 – General Conditions of Contract ....................................................................... 74

1 General Obligations & Conditions of Contract ........................................................... 75

1.1 INTERPRETATION OF CONTRACT DOCUMENTS ................................................... 75

1.2 Headings & Marginal Notes .............................................................................................. 75

1.3 Singular & Plural ................................................................................................................. 75

1.4 Contractor to obtain his own Information ........................................................................ 75

1.5 Force Majeure ..................................................................................................................... 76

1.6 Purchaser Not Bound by Personal Representation ...................................................... 76

1.7 Change in Constitution ...................................................................................................... 77

1.8 Members of Purchaser Not Individually Liable .............................................................. 77

1.9 Contractor‟s Office at Site ................................................................................................. 77

1.10 Contractor‟s Subordinate Staff and Their Conduct ....................................................... 77

1.11 Sub-Letting of Work ........................................................................................................... 78

1.12 Contractor‟s Liability Not Limited by Sub-Contractors: ................................................. 79

1.13 Power of Entry .................................................................................................................... 79

1.14 Notices ................................................................................................................................. 80

1.15 Rights of Various Interests ................................................................................................ 80

1.16 Qualified and Experienced personnel ............................................................................. 81

1.17 Determination & Termination of Contract ....................................................................... 81

1.18 Right of Purchaser to Determine & Terminate Contract ............................................... 81

1.19 Mutual Rescission .............................................................................................................. 81

1.20 Bankruptcy........................................................................................................................... 81

1.21 Patents, Royalties & Lien .................................................................................................. 82

1.22 Lien ....................................................................................................................................... 83

1.23 Publicity ................................................................................................................................ 84

1.24 Operation of Contract ........................................................................................................ 84

1.25 Contractor‟s Remuneration ............................................................................................... 84

1.26 Schedule of Rates to be Inclusive ................................................................................... 85

1.27 Schedule of Rate to Cover Equipment, Materials, Labour Etc. ................................... 85

1.28 Schedule of Rates to Cover Royalties, Rent & Claims................................................. 85

1.29 Schedule of Rates to Cover Taxes & Duties .................................................................. 86

1.30 Schedule of Rates to Cover Risks of Delay ................................................................... 86

1.31 Schedule of Rates Cannot be Altered ............................................................................. 86


V

2 Performance of Work ..................................................................................................... 87

2.1 Execution of Works ............................................................................................................ 87

2.2 Police Verification ............................................................................................................... 87

2.3 Coordination and Inspection of Work .............................................................................. 87

2.4 Conditions for Issue of Materials...................................................................................... 87

2.5 Articles of Value Found ..................................................................................................... 89

2.6 Discrepancies between Instructions ................................................................................ 89

2.7 Action & Compensation in Case of Bad Work ............................................................... 90

2.8 Suspension of Works ......................................................................................................... 90

3 Certificates and Payments ............................................................................................ 91

3.1 Mobilisation Advance ......................................................................................................... 91

3.2 Procedure for billing of work in progress ........................................................................ 91

3.3 Lump-Sums in Tender ....................................................................................................... 91

3.4 Payments of Running Account to be regarded as Advances ...................................... 91

3.5 Notice of Claims for Additional Payment ........................................................................ 92

3.6 Payment of Contractor‟s Bill ............................................................................................. 92

3.7 Receipt for Payment .......................................................................................................... 92

3.8 Penalty in case of deficiency in services ........................................................................ 92

3.9 Performance/Completion Certificate ............................................................................... 93

3.10 Unconditional No Claim Certificate .................................................................................. 93

4 Taxes and Insurance ...................................................................................................... 94

4.1 Taxes, Duties, Octroi, etc. ................................................................................................. 94

4.2 Payment Of Taxes ............................................................................................................. 94

4.3 Insurance ............................................................................................................................. 95

5 Labour Laws & Safety Regulations .............................................................................. 97

5.1 Labour Laws ........................................................................................................................ 97

5.2 Contractor to Indemnify Purchaser .................................................................................. 97

5.3 Payment of Claims & Damages ....................................................................................... 98

5.4 Employment Liability .......................................................................................................... 98

5.5 Safety Regulations ............................................................................................................. 99

6 Arbitration ..................................................................................................................... 100

6.1 Settlement of Disputes by Arbitration ............................................................................ 100

6.2 Settlement of Disputes by Arbitration other than mentioned in 6.2.8 below ........... 100

7 Safety Code – General ................................................................................................. 102

7.1 General .............................................................................................................................. 102

7.2 First Aid & Industrial Injuries ........................................................................................... 102

7.3 General Rules ................................................................................................................... 102

7.4 Demolition .......................................................................................................................... 102


VI

7.5 Safety Equipment ............................................................................................................. 102

7.6 Risky Places ...................................................................................................................... 103

7.7 Hoisting Equipment .......................................................................................................... 103

7.8 Electrical Equipment ........................................................................................................ 104

7.9 Maintenance of Safety Devices...................................................................................... 104

7.10 Display of Safety Instructions ......................................................................................... 104

7.11 Enforcement of Safety Regulations ............................................................................... 104

7.12 No Exemption ................................................................................................................... 104

Section 6 – Integrity Pact .................................................................................................... 105

1 General ........................................................................................................................... 106

1.1 Commitments of the BUYER .......................................................................................... 106

1.2 Commitments of the BIDDERs ....................................................................................... 107

1.3 Previous Transgression ................................................................................................... 109

1.4 Earnest Money Deposit (EMD) ...................................................................................... 109

1.5 Sanctions for Violations ................................................................................................... 109

1.6 Facilitation of investigation .............................................................................................. 110

1.7 Law and Place of Jurisdiction ......................................................................................... 110

1.8 Other Legal Actions ......................................................................................................... 110

1.9 Validity ................................................................................................................................ 110


1

Section 1 – Notice Inviting Bids


2

GOVERNMENT OF INDIA

DIRECTORATE OF INCOME-TAX (SYSTEMS)

INCOME-TAX DEPARTMENT

MINISTRY OF FINANCE

Notice Inviting Bids for Selecting Service Provider for Integrated Facility Management

Services for Aayakar Bhawan At Vaishali, Ghaziabad (U.P.).

Reference No. _______________

The Directorate of Income-tax (Systems) requires Service Provider for Integrated Facility

Management Services covering Security, House Keeping, Technical Support Services etc.

for Aayakar Bhawan at Vaishali, Ghaziabad (U.P.). More details on the services are provided

in the Terms of Reference in the RFP document.

The Request for Proposal (RFP) is available on the websites: www.incometaxindia.gov.in

and www.eprocure.gov.in.

Important Dates

Activity Date

Last date and time for submission of

queries by bidders

1500 hours on 06/01/2017

Date and time of Pre-bid conference 1500 hours on 10/01/2017

Response to bidders' queries 1100 hours on 13/01/2017

Last date and time for submission of bids 1500 hours on 27/01/2017

Contact Details:

Sh. Muneesh Rajani, IRS

Deputy Director of Income Tax (S) – 2,

Room No. 8006, Aayakar Bhawan,

Vaishali, Ghaziabad, UP- 201010,

Telephone: 0120-2770031

http://www.eprocure.gov.in/


3

Section 2 – Instruction to Bidders


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1. General

1.1 Purpose

1.1.1 Purchaser is inviting bids to select service provider for Integrated Facility

Management Services covering Security, House Keeping, Technical support

Services etc. for Aayakar Bhawan at Vaishali, Ghaziabad (U.P.).

1.2 Definitions

1.2.1 The definitions of various terms used in this RFP are as follows:

(i) “Request for Proposal (RFP)” means Request for Proposal prepared by

the Purchaser to select service provider for Integrated Facilities

Management Services (FMS) for Aayakar Bhawan at Vaishali, Ghaziabad

(U.P.) – 201010 and any other documents provided or issued during the

course of the selection of bidder.

(ii) “Purchaser” means the President of India acting through the Additional

Director General of Income Tax (Systems) – 2, New Delhi.

(iii) “Contract / Agreement / Contract Agreement / Master Services

Agreement” means the Agreement to be signed between the successful

bidder and Purchaser, including all attachments, appendices, documents

incorporated by reference thereto together with any subsequent

modifications, this RFP, the bid offer, the acceptance and all related

correspondence, clarifications and presentations.

(iv) “Bidder” means the party who will be offering the equipment(s), service(s)

and /or materials as required in the RFP. The word Bidder when used in

the pre-award period shall be synonymous with parties bidding against this

RFP, and when used after award of the Contract shall mean the successful

party with whom Purchaser signs the agreement for rendering of services.

(v) “Business day” shall be construed as a reference to a day (other than

Saturday, Sunday and other gazetted holidays) on which Purchaser is

generally open for business.

(vi) “Business Hours” shall mean the working time for Purchaser users which

is 9:30 AM to 6:00 PM on a business day.

(vii) “Conditions Precedent” means the obligations to be fulfilled by the

Parties prior to the Effective Date.

(viii) “Proposal / Bid” means the Pre-qualification, Technical and Financial bids

submitted for this RFP.

(ix) “Requirements” include all the documents prepared by Purchaser for

integrated facility management services (FMS), scope of work, Service

Level Agreement, schedules, details, description, statements of data,

performance characteristics and standards (Indian & International) as

applicable and specified in the RFP.


5

(x) “SP or Service Provider” means the bidder who has been selected to

execute the given scope of work under this RFP.

(xi) “OEM” means the Original Equipment Manufacturer of any equipment /

system / software / product who is providing such goods to the Purchaser

under the scope of this Tender / Contract.

(xii) “LOI” means the letter of intent issued by Purchaser to the selected bidder

towards award of contract.

(xiii) “FMS” means the Integrated Facility Management Services and includes

the services related to Front Desk, Housekeeping, Technical Support, Pest

Control, Horticulture, Safety & Security, Quality Control and Program

Management.


6

2. Schedule of Bid Process

Purchaser desires to select a Service Provider (SP) for Integrated Facility Management

Services covering Security , House Keeping, Technical support Services etc. In this respect,

Purchaser is undertaking a comprehensive tendering process to select the most-suitable

Service Provider via competitive bidding. The following table provides information regarding

the important dates of the bid process:

Key Events and Dates

1 Tender Inviting Authority

Directorate of Income Tax (Systems), Income Tax Department, Ministry of Finance, Government of India

2 Job Requirement Integrated Facilities Management Services (FMS) for Aayakar Bhawan at Vaishali, Ghaziabad (U.P.).

3 Date of Publication of RFP

28/12/2016

4 Cost of Tender Document

The tender document is free. The RFP document can be downloaded from following websites:

www.incometaxindia.gov.in, www.eprocure.gov.in

5 Last date of Receiving Queries / Clarification

1500 Hours on 06/01/2017 at Room No. 8006, Aayakar Bhawan, Vaishali, Ghaziabad (U.P.) - 201010

Telephone: 0120-2770031,

Fax: 0120-2770031

E-mail: [email protected]

6 Time, Date of Pre-Bid conference

1500 Hours on 10/01/2017

7 Date of Response to Bidder Queries

1100 hours on 13/01/2017

8 Last date, time and place of submission of bids

Up to1500 Hours on 27/01/2017 at Room No.8006, Aayakar Bhawan, Vaishali, Ghaziabad (U.P.) - 201010

9 Bid Processing Fee Bidders shall submit, along with their Bids, Bid Processing fee (non- refundable) of Rs. 10,000/- (Rupees Ten Thousand Only) in the form of a crossed demand draft drawn on a Nationalized / Scheduled Bank in favour of “Accounts Officer, Zonal Account Office, Central Board of Direct Taxes, New Delhi” and Payable at New Delhi.

http://www.incometaxindia.gov.in/



7

10 Earnest Money Deposit Bidders shall also submit, along with their Bids, Earnest Money Deposit (EMD) of Rs. 10,00,000/- (Rupees Ten Lakhs Only) in the form of a crossed demand draft drawn on a Nationalized / Scheduled Bank in favour of “Accounts Officer, Zonal Account Office, Central Board of Direct Taxes, New Delhi” and Payable at New Delhi or in the form of Bank Guarantee (as per annexure 2 of Section 3 of RFP)

11 Date and Time of Opening of Pre- Qualification Bids

1600 Hours on 27/01/2017

12 Date and time for opening of Technical Bids

1500 Hours on 30/01/2017

13 Date and time for the opening of Financial Bids

1500 Hours on 06/02/2017

14 Name of the contact person for any clarification

Shri Muneesh Rajani, IRS, Deputy Director of Income Tax (Systems)-2, Room No. 8006, Aayakar Bhawan, Vaishali, Ghaziabad (U.P.) - 201010

Telephone: 0120-2770031,

Fax: 0120-2770031

E-mail: [email protected]

15 Venue for Pre-bid conference, Pre-qualification bid opening, Technical Bid opening and Financial Bid opening

Conference Room, 11th Floor, Aayakar Bhawan, Vaishali, Ghaziabad (U.P.)-201010

16 Validity period of the bid submitted in response to RFP

180 days from the last date of submission of bids.


8

3. General Instructions to Bidders

3.1 Basic Information

3.1.1 Any contract that may result from this Government procurement competition will be

effective from the date of acceptance of Letter of Intent (LOI), and shall, unless

terminated earlier in accordance with its terms, continue for a period of one year

from the date of acceptance of Letter of Intent (LOI) extendable by two years (one

year at a time) on mutually agreed terms. The contractual rate will remain

unchanged in the first year. The Purchaser shall provide an escalation in the total

contract cost on mutually agreed terms between the parties, for every year

succeeding, to accommodate increases in minimum wages as notified by

Competent Authority under the U.P. State Government from time to time and

prevailing inflation rate. No other escalation shall be allowed for any reason

whatsoever.

3.1.2 Proposals must be received not later than the time, date and venue mentioned in

the section „Key events and dates‟. Proposals that are received after the scheduled

date and time shall not be considered.

3.1.3 While every effort has been made to provide comprehensive and accurate

background information, requirements and specifications, Bidders must form their

own conclusions about the resources needed to meet the requirements and

specifications.

3.1.4 All information supplied by Bidders shall be treated as contractually binding on the

Bidders, on successful award of the assignment by Purchaser on the basis of this

RFP.

3.1.5 No commitment of any kind, contractual or otherwise shall exist unless and until a

formal written contract has been executed by or on behalf of Purchaser. Any

notification of preferred bidder status by Purchaser shall not give rise to any

enforceable rights by the Bidder. Purchaser may cancel this bid process at any time

prior to a formal written contract being executed by or on behalf of itself.

3.1.6 This RFP supersedes and replaces any previous public documentation and

communications. Bidders should place no reliance on such documentation and

communications.

3.1.7 This RFP document is non-transferable.

3.1.8 This RFP should not be used to market the bidder‟s product or services.

3.2 Completeness of Response

3.2.1 Bidders are advised to study all instructions, forms, terms, requirements and other

information in the RFP documents carefully. Submission of bid shall be deemed to

have been done after careful study and examination of the RFP document with full

understanding of its implications.


9

3.2.2 Failure to furnish all information required by the RFP documents or submission of a

proposal not substantially responsive to the RFP documents in every respect will be

at the Bidder's risk and may result in rejection of its proposal and forfeiture of the

Earnest Money Deposit (EMD).

3.2.3 Notwithstanding anything contained in this RFP, Purchaser reserves the right to

accept or reject any Proposal and to annul the selection process and reject all

Proposals, at any time without any liability or any obligation for such acceptance,

rejection or annulment, and without assigning any reasons thereof.

3.2.4 Purchaser reserves the right to reject any Proposal if

(i) at any time, a material misrepresentation is made or discovered; or

(ii) Bidder does not provide, within the time specified the supplemental

information sought by the Purchaser for evaluation of the Proposal.

3.2.5 Misrepresentation of facts / incomplete response by the Bidder may lead to the

disqualification / rejection of the Bidder. If such disqualification / rejection occurs

after the Proposals have been opened and the highest ranking Bidder gets

disqualified / rejected, then Purchaser reserves the right to consider the next best

Bidder, or take any other measure as may be deemed fit in the sole discretion of

Purchaser, including annulment of the selection process.

3.3 Availability of Bid Documents

3.3.1 The Bid document can be obtained free of cost. This can be downloaded from the

websites www.incometaxindia.gov.in and www.eprocure.gov.in. The bid

document will also be available on all business days during office hours at the

address mentioned in the section „Key events and dates‟.

3.4 Authentication of Bids

3.4.1 The original and the copies of the bid shall be typed or written in indelible ink and

signed by the Bidder or a person duly authorized to bind the Bidder to the contract.

The authorization shall be in the form of a written power of attorney accompanying

the proposal or in any other form demonstrating that the representative has been

duly authorized to sign. All pages of the bid, except for un-amended printed

literature, shall be initialled and stamped by the person or persons signing the bid.

3.5 Interlineations in Bids

3.5.1 The bid shall contain no interlineations, erasures or overwriting except as necessary

to correct errors made by the Bidder, in which case such corrections shall be

initialled and stamped by the person or persons signing the bid.

3.6 Acknowledgment of Receipt

3.6.1 It is required by the prospective bidder to acknowledge receipt of this RFP in the

format given in Annexure 4 of Section 3 to the RFP issuing authority at the email

address mentioned in the section „Key events and dates‟.

http://www.incometaxindia.gov.in/



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3.7 Pre-Bid Conference

3.7.1 Purchaser will host a Pre-Bid Conference, scheduled as mentioned in the section

„Key events and dates‟ of the RFP. In case of any change in date, time and venue

of the conference, the same will be intimated to all bidders through e-mail or

notification on the Purchaser website www.incometaxindia.gov.in and

www.eprocure.gov.in. The representatives of the interested organizations may

attend the pre-bid conference at their own cost. The purpose of the conference is to

provide bidders with information regarding the RFP and the requirements with

reference to this RFP. Pre-Bid Conference will also provide each bidder with an

opportunity to seek clarifications regarding any aspect of the RFP. Request for

clarifications shall be sent by them through email / post (in the Standard Format

specified in Annexure 1 of section 3).

3.8 Bidder Queries & Directorate of Income Tax (Systems)

Responses

3.8.1 After the RFP is issued, Purchaser will accept written questions/ queries from the

bidders in the format provided in Annexure 1 of section 3. The Purchaser will

endeavour to provide complete, accurate, and timely response to all

questions/queries. All enquiries from the bidders relating to this RFP must be

submitted in writing exclusively to the contact person(s) notified as per the section

„Key events and dates‟ of the RFP. The mode of delivering written questions would

be through post or email. In any circumstances, the Purchaser will not be

responsible for ensuring that bidder‟s inquiries have been received. No request for

clarification from any bidder shall be entertained after the date and time mentioned

in the section „Key events and dates‟ of the RFP.

3.9 Response to Pre-Bid Queries & Issue of Corrigendum

3.9.1 Purchaser will endeavour to provide timely response to all queries. However,

Purchaser makes no representation or warranty as to the completeness or accuracy

of any response made in good faith, nor does Purchaser undertake to answer all

the queries that have been posed by the bidders.

3.9.2 At any time prior to the last date for receipt of bids, Purchaser may, for any reason,

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

prospective Bidder, modify the RFP Document by a corrigendum.

3.9.3 The corrigendum (if any) and clarifications/modifications (if any) to the queries from

all bidders will be posted on www.incometaxindia.gov.in and www.eprocure.gov.in

or e- mailed to bidders as the case may be.

3.9.4 Any such corrigendum and clarifications/modifications shall be deemed to be

incorporated into this RFP.

3.9.5 In order to provide prospective bidders, a reasonable time in taking the corrigendum

and clarifications/modifications into account, Purchaser may, at its discretion,

extend the last date for receipt of bid proposals.


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3.10 Bid Preparation Costs

3.10.1 The bidder shall be responsible for all costs incurred in connection with participation

in the RFP process, including, but not limited to, costs incurred in conduct of

informative and other diligence activities, participation in

meetings/discussions/presentations, preparation of proposal, in providing any

additional information required by Purchaser to facilitate the evaluation process and

all such activities related to the bid process.

3.11 Purchaser’s Right to Terminate the Process

3.11.1 Purchaser may terminate the RFP process at any time and without assigning any

reason. The Purchaser makes no commitment, explicit or implicit, that this process

will result in a business transaction with anyone. Further, this RFP does not

constitute an offer by Purchaser. The bidder‟s participation in this process may

result in Purchaser selecting the bidder to engage in further discussions and

negotiations towards execution of a contract in terms of CVC guidelines. The

commencement of such negotiations does not, however, signify a commitment by

Purchaser to execute a contract or to continue negotiations. Purchaser may

terminate negotiations at any time without assigning any reason.

3.12 Venue and Deadline for Submission of Bid

3.12.1 All Bidders are required to submit their bids at the address as mentioned in the

section „Key events and dates‟ of this RFP.

3.12.2 Purchaser may, in exceptional circumstances and at its discretion, extend the

deadline for submission of proposals by issuing an addendum or by intimating all

bidders who have been provided the RFP, in writing or through e-mail, in which

case all rights and obligations of Purchaser and the bidders previously subject to

the original deadline will thereafter be subject to the deadline as extended.

3.13 Last Date for Receipt of Bids

3.13.1 Bids, complete in all respects as specified in the RFP, must be submitted at the

address specified in the section „Key events and dates‟ of the RFP, not later than

the time and date mentioned in clause the section „Key events and dates‟ of the

RFP.

3.14 Late Bids

3.14.1 Bids received after the due date and the specified time (including the extended

period if any) for any reason whatsoever, shall not be entertained and shall be

returned unopened.

3.14.2 The bids submitted by telex/telegram/ fax/e-mail etc. shall not be considered. No

correspondence will be entertained on this matter.

3.14.3 Purchaser shall not be responsible for any postal delay or non-receipt/ non-delivery

of the documents. No further correspondence on the subject shall be entertained.


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3.14.4 Purchaser reserves the right to modify and amend any of the above-stipulated

condition/criterion depending upon its priorities vis-à-vis urgent commitments.

3.15 Bid Processing Fees

3.15.1 Bidders shall submit alongwith their bids, bid processing fees of Rs 10,000/- (INR

Ten Thousand Only) (non-refundable) in the form of a crossed demand draft drawn

in favour of “The Accounts Officer, Zonal Accounts Office, CBDT, New Delhi”

payable at New Delhi issued by any Nationalized / Scheduled Bank

3.16 Bid Security

3.16.1 Bidders shall submit, along with their Bids, Bid security/ EMD of Rs 10,00,000/-

(INR Ten Lakhs only), in the form of a bank guarantee or crossed demand draft

issued by any Nationalized / Scheduled Bank in the Proforma provided in Annexure

2 of Section 3 of the RFP. The EMD should be valid for 120 days beyond the

validity of the Bid as stated in clause 4.8 of section 2.

3.16.2 The bid security/ EMD shall be submitted in a separately sealed envelope alongwith

the Bid. Any Bid submitted without the EMD and bid processing fees, or without

adequate processing fees and EMD, shall be liable for rejection without providing

any opportunity to the bidder concerned.

3.16.3 The bid security/ EMD of all unsuccessful bidders will be refunded by Purchaser

within 30 days of the signing of the contract with the successful bidder. The bid

security of the successful bidder will be returned upon submission of Performance

Bank Guarantee as per Annexure 3 of Section 3.

3.16.4 The bid security/ EMD shall be denominated in Indian Rupees only. No interest will

be payable to the Bidder on the amount of the bid security/ EMD.

3.16.5 The bid security/ EMD may be forfeited:

(i) If a Bidder withdraws the bid or increases the quoted prices during the

period of bid validity or its extended period, if any; or

(ii) In the case of a successful bidder, if the Bidder fails to sign the Contract or

to furnish Performance Bank Guarantee within the specified time in

accordance with the format given at Annexure 3 of Section 3 of the RFP.

(iii) During the bid process, if a Bidder indulges in any such deliberate act as

would jeopardize or unnecessarily delay the process of bid evaluation and

its finalization.

(iv) During the bid process, if any information is found to be incorrect /

manipulated in the bid.

3.16.6 The decision of Purchaser regarding forfeiture of the bid security/ EMD and

rejection of bid shall be final and shall not be called into question under any

circumstances.


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3.17 Consortium & Sub-Contracting

3.17.1 Consortium is not allowed for implementation of any component under the scope of

the RFP. However, the bidder may use the services of a sub-contractor to leverage

their specialized experience in respect of Security Related Services.

3.17.2 Sub-contracting, if any, would be subject to the following conditions:

(i) All sub-contracting arrangements must form part of the bid.

(ii) All sub-contracting contracts must be entered into by the Bidder.

(iii) Sub-contracting should not dilute the responsibility and liability of the

bidder.

(iv) Any changes in sub-contractors must be approved by Purchaser prior to

conclusion of any contract between the bidder and the sub-contractor.

(v) Purchaser retains the right to request discontinuation of sub-contracting of

activities at any time during the contract period.

(vi) Purchaser reserves its right to subject the sub-contractors to security

clearances as it deems necessary.

3.18 Conflict of Interest

3.18.1 Bidder shall hold Purchaser‟s interest paramount, without any consideration for

future work and strictly avoid conflict with other assignment or their own

organizational interest. Bidder should not be engaged in any such business

(excluding any work assigned to them by Purchaser) which has conflict of interest

with the scope of RFP for which the bids are being submitted.

3.18.2 Purchaser considers a conflict of interest to be a situation in which a party has

interests that could improperly influence that party‟s performance of official duties or

responsibilities, contractual obligations, or compliance with applicable laws and

regulations, and that such conflict of interest may contribute to or constitute a

prohibited corrupt practice. A Bidder may be considered to be in a conflict of interest

with one or more parties in this bidding process if, including but not limited to:

(i) receiving or having received any direct or indirect subsidy from any of

them; or

(ii) having common controlling shareholders; or

(iii) having the same legal representative for purposes of this Bid; or

(iv) having a relationship with each other, directly or through common third

parties, that puts them in a position to have access to information about or

influence on the Bid of another Bidder, or

(v) influencing the decisions of Purchaser regarding this bidding process; or

(vi) participating in more than one bid in this bidding process, (Participation in

more than one Bid will result in the disqualification of all Bids in which it is

involved.)


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3.19 Fraud & Corrupt Practices

3.19.1 The Bidders and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the selection process.

Notwithstanding anything to the contrary contained in this RFP, Purchaser shall

reject a Proposal 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 (collectively the “Prohibited Practices”) in the selection process.

In such an event, Purchaser shall, without prejudice to its any other rights or

remedies, forfeit and appropriate the Bid Security/EMD or Performance Security, as

the case may be, as mutually agreed genuine pre-estimated compensation and

damages payable to Purchaser for, inter alia, time, cost and effort of Purchaser, in

regard to the RFP, including consideration and evaluation of such Bidder‟s

Proposal.

3.19.2 Without prejudice to the rights of Purchaser under clause 3.19.1 above and the

rights and remedies which Purchaser may have under the LOI or the Master

Services Agreement(„Agreement‟), if the Bidder or SP, as the case may be, is found

by Purchaser to have directly or indirectly or through an agent, engaged or indulged

in any corrupt practice, fraudulent practice, coercive practice, undesirable practice

or restrictive practice during the selection process, or after the issue of the LOI or

the execution of the Agreement, such Bidder or SP shall not be eligible to

participate in any tender or RFP issued by Purchaser during a period of two years

from the date such Bidder or SP, as the case may be, is found by Purchaser to

have directly or through an agent, engaged or indulged in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practice, as

the case may be.

3.19.3 For the purposes of this Section, the following terms shall have the meaning

hereinafter respectively assigned to them:

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

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

person connected with the selection process (for avoidance of doubt,

offering of employment to or employing or engaging in any manner

whatsoever, directly or indirectly, any official of Purchaser who is or has

been associated in any manner, directly or indirectly with the selection

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

arising there from, 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 Purchaser, shall be deemed to

constitute influencing the actions of a person connected with the selection

process); or (ii) save as provided herein, engaging in any manner


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whatsoever, whether during the selection process or after the issue of LOI

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

respect of any matter relating to the Project or the LOI or the Agreement,

who at any time has been or is a legal, financial or technical consultant/

adviser of Purchaser in relation to any matter concerning the Project;

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

disclosure of incomplete facts, in order to influence the selection process;

(iii) “coercive practice” means impairing or harming or threatening to impair or

harm, directly or indirectly, any persons or property to influence any

person‟s participation or action in the selection process;

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

connected with or employed or engaged by Purchaser with the objective of

canvassing, lobbying or in any manner influencing or attempting to

influence the selection process; or (ii) having a Conflict of Interest; and

(v) “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 selection

process.


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4. Bid Submission Instructions

4.1 Format of Submission

4.1.1 It is proposed to have a Three Cover System for this RFP:

Pre-qualification Bid in first envelope 1 Original + 1 Copy + 1 CD

Technical Bid in second envelope 1 Original + 1 Copy + 1 CD

Financial Bid in third envelope 1 Original

4.1.2 The response to Pre-qualification criteria, Technical proposal and Financial

proposal (as mentioned in the previous paragraph) should be placed in a separate

sealed covers super scribing “Pre-qualification Bid”, “Technical Bid” and “Financial

Bid” respectively

4.1.3 Each copy of the Pre-qualification bid and the Technical bid must be super-scribed

with the words “Original” or “Copy” as the case may be. In case of any discrepancy

between the original and the copies, the information furnished on the original paper

bid document will prevail over the copy.

4.1.4 Please note that prices must not be indicated in the Pre-qualification Bid and

Technical Bid and must only be indicated in the Financial Bid.

4.1.5 The covers containing the Pre-qualification Bid, Technical Bid and the Financial Bid

must be put in separate single sealed envelope clearly super scribed “Response to

RFP for <Name of Assignment” - <RFP Reference Number> and the wordings “DO

NOT OPEN BEFORE <Date and Time>”, along with the following documents:

(i) Copy of acknowledgement receipt of the RFP document

(ii) Non-refundable processing fee of INR 10,000 (INR Ten Thousand only) in

the form of a crossed demand draft drawn in favour of “The Accounts

Officer, Zonal Accounts Office, CBDT, New Delhi” payable at New Delhi

issued by any Nationalized / Scheduled Bank.

(iii) Bid security / EMD of INR 10,00,000 (INR Ten lakhs only) in the form of a

bank guarantee/ crossed demand draft issued by any Nationalized /

Scheduled Bank and payable at New Delhi.

4.1.6 The cover thus prepared should also indicate clearly the name, address, telephone

number, email id and fax number of the Bidder.

4.1.7 The Pre-qualification Bid, Technical Bid and Financial Bid should have complete

documents and should be bound as a volume separately. All the pages of the

proposal must be sequentially numbered and must contain the list of contents with

page numbers. Bidders are required to submit all details as per the formats given in

the RFP document only. Any deficiency in documentation may result in the rejection

of the Bid.


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4.1.8 All pages of the bid including the duplicate copies, shall be initialled and stamped by

the person or persons who sign the bid.

4.1.9 As part of the bid, Bidder should also provide 1 copy of the Pre-qualification Bid,

and the Technical Bid in soft copy (word format and pdf format), each in the form of

a non-re-writeable CD (Compact Disc). The CDs containing the copies of the Pre-

qualification Bid, and the Technical Bid should be sealed with the Pre-qualification,

and Technical bids respectively.

4.1.10 All CDs submitted by the Bidder must be in sealed covers. The sealed covers as

well as the CD media must be duly signed by the Bidder using a Permanent

Pen/Marker, and should be super-scribed with “Pre-qualification Bid”/ “Technical

Bid” (as the case may be) and should bear the name of the Bidder.

4.1.11 Bidder must ensure that the information furnished by it in respective CDs is identical

to that submitted by it in the original paper bid document. In case of any

discrepancy observed in the contents of the CDs and original paper bid documents,

the information furnished on original paper bid document will prevail over the soft

copy.

4.1.12 Bidder must ensure that Pre-qualification Bid and Technical Bid CDs do not contain

any financial items / prices.

4.2 Documents Comprising the Bids

4.2.1 Bid submitted by the bidder shall comprise the following:

(i) Prequalification Bid in the format as specified in Pre-Qualification Formats

of section 3 of RFP.

(ii) Technical Bid in the format as specified in Technical Bid Formats of section

3 of RFP.

(iii) Financial Bid in the format as specified in Financial Bid Format of section 3

of RFP.

(iv) Non-refundable processing fee as specified in clause 3.15 of section 2 of

RFP.

(v) Bid security/EMD as specified in clause 3.16 of section 2 of RFP.

(vi) Copy of Acknowledgement Receipt of RFP document as specified in

clause 3.6 of section 2 of RFP.

(vii) Bidder shall submit with its proposal, a POA (Power of Attorney) and board

resolution authorizing the person authorized to sign/ execute the proposal

as a binding document and also to execute all relevant agreements

forming part of RFP on behalf of the bidder.


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4.3 Authorized Signatory (Bidder)

4.3.1 The “Authorized Signatory” as used in the RFP shall mean the one who has signed

the Bid document. The authorized signatory may be either the Principal Officer or

the duly Authorized Representative of the Bidder, in which case Bidder shall submit

a certificate of authority as evidenced by the Minutes of meeting of the Board of

Directors. All certificates and documents (including any clarifications sought and

any subsequent correspondences) received hereby, shall be furnished and signed

by the Principal Officer or the duly Authorized Representative of the Bidder.

4.4 Pre-Qualification Bid

4.4.1 Pre-qualification bid will be used for assessing the bidders on the basis of

prequalification criterion laid down in this RFP. Therefore the bidders are required to

submit this bid in specified format furnishing all the required information and

supporting documents. The pre-qualification bid must not contain any pricing

information. A bid may be rejected at prequalification stage itself and not considered

for technical evaluation if it fails to satisfy the prequalification criterion specified in

this RFP.

4.5 Technical Bid

4.5.1 The technical bid should be submitted in the specified format of this RFP. It should

address all the areas / sections as specified in the Technical Evaluation Criteria as

per clause 5.9 of section 2 of the RFP and should contain a detailed description of

how the bidder will provide the required services outlined in this RFP. It should

articulate in detail, as to how the bidder‟s Technical Solution meets the

requirements specified in the RFP. The technical bid must not contain any pricing

information. In submitting additional information, please mark it as “supplementary”

to the required response. If the bidder wishes to propose additional services (or

enhanced levels of services) beyond the scope of this RFP, the bid must include a

description of such services as a separate and distinct section to the bid.

4.6 Financial Bid

4.6.1 The financial bid must be submitted in the format specified in Financial Bid Format

of this RFP.

4.6.2 The bidder shall submit a priced bill of material as part of the financial bid. The

format of the priced bill of material as specified under Form FIN 2 of Financial Bid

Formats in section 3 of RFP should be used. The priced bill of material will not be

used for evaluation of financial bid.

4.7 Deviations

4.7.1 The bidder shall not provide for any deviations in the Bid. If Purchaser is of the

opinion that the Bid contains any deviations, then Purchaser reserves the right to

seek withdrawal of any such deviations before considering the technical and

financial bid.


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4.8 Validity of Bids

4.8.1 All bids must be valid for 180 days from the last date of submission of bids. A bid

valid for a shorter period may lead to disqualification of the bidder. Purchaser

reserves the right to take appropriate action in this regard. On completion of the

validity period, unless the bidder withdraws his bid in writing, it shall be deemed to

be valid until such time that the bidder formally (in writing) withdraws its bid.

4.8.2 Purchaser reserves the right to extend such period(s) as it deemed fit, in view of

time involved in procedural approvals.

4.9 Amendment of RFP

4.9.1 At any time prior to the deadline for submission of bids, Purchaser, for any reason,

may modify the RFP by amendment notified in writing or by email to all bidders who

have received this RFP and such amendment shall be binding on them. Purchaser,

at its discretion, may extend the deadline for the submission of bids.

4.10 Language of Bids

4.10.1 The Bids prepared by the Bidder and all correspondence and documents relating to

the bids exchanged by the Bidder and Purchaser, shall be written in the English

language, provided that any printed literature furnished by the Bidder may be

written in another language so long the same is accompanied by an English

translation in which case, for purposes of interpretation of the bid, the English

translation shall govern.

4.11 Site Visits

4.11.1 The Bidder may visit and examine site at Aayakar Bhawan, Vaishali, Ghaziabad at

a time to be agreed with Purchaser (and obtain for himself on his own responsibility

all information that may be necessary for preparing the Bid document). The visit

may not be used to raise questions or seek clarification; such matters must be

submitted in writing. The costs of visiting the site(s) shall be at Bidder's own

expense.

4.12 Bid Prices

4.12.1 The bidder shall quote Gross contract value for the services on a single

responsibility basis. The successful bidder shall be solely held responsible for the

components / services provided during the period of contract. The price shall be

quoted entirely in Indian Rupees and would be inclusive of all applicable direct or

indirect taxes (central or state or local), rates, duties, charges and levies (central or

state or local), except service tax / GST (when applicable). Purchaser, reserves the

right to procure the components / services listed in this RFP in whole or in part.


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4.12.2 No adjustment of the contract price shall be made on account of any variations in

costs of labour and materials or any other cost component affecting the total cost in

fulfilling the obligations under the contract. The payment based on the gross

contract value as per financial proposal of the bidder shall be the only payment,

payable by Purchaser, to the successful bidder for completion of the contractual

obligations by the successful bidder under the contract, subject to the terms of

payment specified in the contract. The price would be inclusive of all taxes, duties,

charges and levies as applicable – excluding service tax / GST (when applicable).

4.12.3 The prices, once offered, must remain fixed, and must not be subject to escalation

for any reason whatsoever except as provided for under clause 3.1.1 of section 2,

within the period of contract and extended period, if any. A bid submitted with an

adjustable price quotation or conditional bid may lead to disqualification of the

bidder.

4.12.4 Any increase in rates of all applicable direct or indirect taxes (central or state or

local), rates, duties, charges and levies (central or state or local), except service tax

/ GST (when applicable) shall be borne by the bidder.

4.12.5 Bidders are advised to exercise adequate care in quoting the prices. No excuse for

corrections in the quoted price shall be entertained after the bids are opened. All

corrections, if any, should be initialled by the person signing the bid form before

submission, failing which the figures for such items shall not be considered.

4.12.6 Notwithstanding any price (s) quoted in the offer across different sections of the

bid, only prices given in the prescribed format given at Form FIN 2 of Section 3 of

this RFP shall prevail.

4.13 Disqualification

4.13.1 The bid is liable to be disqualified in the following cases or in case bidder fails to

meet the bidding requirements as indicated in this RFP:

(i) Bid not submitted in accordance with the procedure and formats prescribed

in this document or treated as non-conforming bid.

(ii) During validity of the bid, or its extended period, if any, the bidder

increases the quoted prices.

(iii) The bidder qualifies the bid with its own conditions.

(iv) Bid is received in incomplete form.

(v) Bid is received after due date and time.

(vi) Bid is not accompanied with all the requisite documents.

(vii) If Bidder provides quotation only for a part of the scope of RFP.

(viii) Information submitted in pre-qualification and/or technical bid is found to be

misrepresented, incorrect or false, at any time during the processing of the

contract (no matter at what stage) or during the tenure of the contract

including the extension period if any.


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(ix) Financial bid is enclosed with the same envelope as pre-qualification

and/or technical bid.

(x) Bidder tries to influence the bid evaluation process by

unlawful/corrupt/fraudulent means at any point of time during the bid

process

(xi) Bidder fails to deposit the Performance Bank Guarantee (PBG) or fails to

provide acceptance to the Letter of Intent (LOI) issued by Purchaser to

enter into a contract within 15 working days from the date of notice of

award of contract or within such extended period, as may be specified by

Purchaser.

4.13.2 Bidders may specifically note that while evaluating the proposals, if it comes to

Purchaser‟s knowledge expressly or implied, that some bidders may have colluded

in any manner whatsoever or otherwise joined to form an alliance resulting in

delaying the processing of proposal, then the bidders so involved are liable to be

disqualified for this contract as well as for a further period of two years from

participation in any of the tenders floated by Purchaser.

4.14 Modification & Withdrawal of Bids

4.14.1 No bid may be modified or withdrawn during the interval between the deadline for

submission of bids and the expiration of the validity period specified by the bidder in

the bid form. Entire bid security may be forfeited if any of the bidders withdraw their

bid during the validity period.

4.15 Rights to the Content of the Proposal

4.15.1 All bids and accompanying documentation of the Technical proposal will become

the property of Purchaser, and will not be returned after opening of the technical

proposals. The financial proposals that are not opened will be returned to the

bidders. Purchaser is not restricted in its rights to use or disclose any or all of the

information contained in the proposal and can do so without compensation to the

bidders. Purchaser shall not be bound by any language in the proposal indicating

the confidentiality of the proposal or any other restriction on its use or disclosure.

4.16 Conditions

4.16.1 The following terms are applicable to this RFP and the bidder‟s proposal:

(i) Any intangible product/construction developed under a contract awarded

as a result of this RFP shall be the sole property of the Purchaser unless

stated otherwise in the master services agreement.

(ii) Timing and sequence of events resulting from this RFP shall ultimately be

determined by the Purchaser.


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(iii) No oral conversations or agreements with any official, agent, or employee

of Purchaser shall affect or modify any terms of this RFP. Oral

communications by Purchaser, to bidders shall not be considered binding

on Purchaser, nor shall any written materials provided by any person other

than Purchaser.

(iv) Proposals are subject to rejection if they limit or modify any of the terms

and conditions or specifications of this RFP.

(v) By responding, the bidder shall be deemed to have represented and

warranted:

that its proposal is not made in connection with any competing bidder

submitting a separate response to this RFP, and is in all respects fair and

without collusion or fraud;

that the bidder did not participate in the RFP preparation process and had

no knowledge of the specific contents of the RFP prior to its issuance; and

that no employee or official of Purchaser participated directly or indirectly

in the bidder‟s proposal preparation.

Neither the bidder nor any of bidders representatives shall have any claims

whatsoever against the Purchaser or any of its respective officials, agents,

or employees arising out of or relating to this RFP or these procedures.

From the date of publication of RFP till the completion of tender process,

bidders shall not, directly or indirectly, solicit any employee of the

Purchaser to leave Purchaser or any other officials involved in this tender

process in order to accept employment with the bidder, its affiliates, or any

person acting in concert with the bidder, without prior written approval of

Purchaser.


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5 Bid Opening & Evaluation Process

5.1 Bid Opening Stages

5.1.1 The bids will be opened in three sessions - one each for Prequalification, Technical

and Financial Bids in the presence of bidders‟ representatives duly authorized to

attend the Bid opening sessions on the specified date, time and address. The

bidder‟s representatives who are present may be required to sign evidencing their

attendance. In the event of the specified date of bid opening being declared a

holiday for Purchaser, the Bids shall be opened at the same time and location on

the next working day or as specified by Purchaser. During each session of bid

opening, preliminary scrutiny of the bid documents will be made to determine

whether they are complete, whether required bid security has been furnished,

whether the documents have been properly signed, and whether the bids are

generally in order. Bids not conforming to such preliminary requirements will be

prima facie rejected.

5.2 Opening of Bid Documents

5.2.1 The bids submitted will be opened at each stage by the Bid Opening Committee

appointed by Purchaser, in the presence of bidders‟ representatives duly authorized

to attend the session on the specified date, time and address.

5.2.2 The representatives of the bidders should be advised to carry the identity card and

a letter of authority from the bidders to identify their bonafides for attending the

opening of the proposal.

5.3 Evaluation Process

5.3.1 Purchaser will constitute a Technical Evaluation Committee (TEC) to evaluate the

bids

5.3.2 The Technical Evaluation Committee shall evaluate the responses to the RFP and

all supporting documents / documentary evidence. Inability to submit requisite

supporting documents / documentary evidence, may lead to rejection.

5.3.3 The decision of the Technical Evaluation Committee in the evaluation of responses

to the RFP shall be final. No correspondence shall be entertained outside the

process of discussion with the Committee.

5.3.4 The Technical Evaluation Committee may ask for meetings/Presentations with the

Bidders to seek clarifications on their bids.

5.3.5 The Technical Evaluation Committee reserves the right to reject any or all bids on

the basis of any deviations.

5.3.6 Each of the responses shall be evaluated as per the criteria and requirements

specified in this RFP.


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5.4 Bid Evaluation

5.4.1 Initial Bid scrutiny will be held by Bid opening committee and the bids will be treated

as non-responsive, if bids;

(i) Are not submitted in as specified in the RFP document

(ii) Received without the Letter of Authorization (Power of Attorney)

(iii) Are found with suppression of details

(iv) With incomplete information, subjective, conditional offers and partial offers

submitted

(v) Submitted without the documents requested in the checklist

(vi) Are non-compliant to any of the requirements stipulated in the RFP

(vii) With lesser validity period

5.4.2 All responsive Bids will be considered for further processing as below.

5.4.3 Purchaser will prepare a list of responsive bidders, who comply with all the Terms

and Conditions of the Tender. All eligible bids will be considered for further

evaluation by the Technical Evaluation Committee according to the Evaluation

process defined in this RFP document. The decision of the Committee shall be final

in this regard.

5.5 Pre-qualification (PQ) Criteria

5.5.1 This invitation to bid is open to all bidders meeting the following pre-qualification

criteria:

Table: Prequalification Criteria

S.No. Prequalification Criteria Documentary Evidence to be submitted

1 The bidder should be incorporated under the Indian Companies Act, 2013 or any other previous company law as per section 2 (20) of the Indian Companies Act 2013

Certificate of Incorporation

2 The bidder should have minimum annual turnover of INR 50 crore from similar services in each of the last three financial years (Financial years 2013-14, 2014-15 and 2015-16)

Audited Financial Statement for Financial years 2013-14, 2014-15 and 2015-16; and

Statutory auditor‟s certificate OR certificate from Company Secretary of the bidder clearly specifying the turnover from similar services for the specified years.


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S.No. Prequalification Criteria Documentary Evidence to be submitted

3 The bidder should have provided integrated Facility Management Services (FMS) to at least two different Central Government offices / any State Government office / PSUs in India/large Corporate including Hospitals (with minimum 500 beds), Airports etc. with contract value of each project exceeding INR 5 crores in the last 5 years. The bidder should have minimum experience of 3 years of providing such integrated services.

The contract should have been awarded/ completed during last five years.

Work order/client certificate as documentary proof for the stated project value and implementation status;

4 The bidder should have at least 300 people on its rolls in the area mentioned in RFP

Certificate from HR Head/ Company Secretary

5 As on date of submission of the proposal, the bidder should not be debarred/blacklisted by Government of India for unsatisfactory past performance, corrupt, fraudulent or any other unethical business practices.

Certificate from the authorized signatory as per the Form PQ 3 of Section 3 of the RFP

5.5.2 Any bid failing to meet the above pre-qualification criteria shall be rejected and not

be considered for Technical Evaluation.

5.6 Change in Pre-Qualification Criteria

5.6.1 If there is a change in the status of the bidder with reference to any of the pre-

qualification criterions specified above, during the bid process till the award of the

contract, the bidder should immediately bring the same to the notice of Purchaser.

5.7 Key Terms for Pre-Qualification Criteria

5.7.1 For the purposes of this RFP, some key terms that have been used for pre-

qualification criteria have been defined below:

Table: Definition of Key Terms

Turnover The total amount of gross receipts, from activities in the normal course of business, as per the annual report and as adjusted with any qualifications in the Auditors Report for a particular financial year.

Financial Year

The 12-month period commencing from the 1st day of April of any year and ending on the 31st day of March of the following calendar year.


26

5.8 Evaluation of Pre-Qualification Bids

5.8.1 The Technical Evaluation Committee (TEC) shall evaluate the bidders on the basis

of pre-qualification criteria defined in clause 5.5 of section 2 of this RFP. After such

evaluation, Purchaser will declare the list of the pre-qualified bidders on the advice

of Technical Evaluation Committee (TEC).

5.9 Evaluation of Technical Bids

5.9.1 The evaluation of the Technical bids will be carried out in the following manner:

(i) The Technical Bids of only the pre-qualified bidders will be opened for

evaluation in the presence of the bidder‟s representatives.

(ii) The bidders' technical solution proposed in the bid document will be

evaluated by the Technical Evaluation Committee (TEC) as per the

requirements specified in the RFP and adopting the evaluation criteria

spelt out in this document.

(iii) The committee may invite each bidder to make a presentation to Purchaser

at a date, time and venue decided by Purchaser.

(iv) The committee may seek oral/written clarifications from the bidders to

clarify ambiguities and uncertainties arising out of the evaluation of the bid

documents.


27

Table: Technical Evaluation Criteria

S. No.

Criteria Basis of Evaluation Max.

Marks

1 Relevant Experience 45

1.1 Experience of implementation of

Facilities management service

(maximum 2 assignments) of similar

scope in the last 3 years.

Assessment based on:

Past experience of the

bidder in executing similar

assignments

Each citation carries 15

marks.

30

1.2 Quality Certifications such as

ISO, SA 8000, OHSAS 18001


Relevance of certifications

to the scope of work

15

2 Proposed Approach 35

2.1 Understanding of the scope and

completeness of the Proposal

Assessment based on :

Understanding of the

objectives of the

assignment

Completeness and

responsiveness

10

2.2 Approach and Methodology to

perform the work with focus on

following aspects of assignment

Attendance system

Meeting environmental, health

and safety standards

Operational MIS Preparation

Complaint Redressal

Manpower deployment

Assessment based on :

Proposed approach

towards implementation of

key aspects along with

innovative suggestions

Each aspect carries 5

marks.

25

3 Resource Profile 20

3.1 Profile of the following key personnel

proposed for the assignment

Facility Manager

Facility Coordinator

Housekeeping Supervisor

Security Supervisor


Profile of the key personnel

6 marks each for facility

manager and facility

coordinator and 4 marks

each for others. (25%

marks for qualification and

75% marks for experience)

20

Total 100


28

5.9.2 A Technical Evaluation score shall be assigned to each prospective bidder on the

basis of the technical proposal submitted. The technical evaluation score shall be

based on the number of points that shall be awarded as per the technical evaluation

criteria table. All bidders scoring minimum qualifying marks in each section (i.e. 60

percent of the sectional marks) and also score cumulatively 70 and above shall be

declared as technically qualified.

5.9.3 The maximum marks and minimum qualifying marks are summarized in the

table below:

S. No. Section Max. Marks Minimum qualifying marks

1 Relevant Experience 45 27 (60%)

2 Proposed Approach 35 21 (60%)

3 Resource Profile 20 12 (60%)

Total 100 70 (70%)

5.10 Evaluation of Financial Bids

5.10.1 The Financial Bids of only the technically qualified bidders will be opened for

evaluation in the presence of the bidder‟s representatives.

5.10.2 The bidder with the lowest quoted annual gross contract value (X), shall be

declared as the „Lowest Final Financial Bid / Lowest Price Bid / Best Value Price

Bid (i.e. L1).

5.10.3 The Bidder, who has submitted the lowest Financial bid, shall be selected as the L1

and shall be called for further process leading to the award of the assignment.

5.10.4 Only fixed price financial bids indicating total price for all the deliverables and

services specified in this bid document will be considered.

5.10.5 The bid price will include all taxes and levies except service tax / GST (when

applicable) and shall be in Indian Rupees.

5.10.6 Any conditional bid would be rejected.

5.10.7 Errors & Rectification: Arithmetical errors will be rectified on the following basis: “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. If there is a discrepancy between words and figures, the amount

in words will prevail”.

5.11 Final Evaluation

5.11.1 The bidder who is technically qualified and is L1 in the financial bid evaluation

process shall be declared successful for award of the project.


29

5.11.2 If two or more bidders have same value of financial bid, then the bidder with the

higher technical evaluation score will be selected.

5.12 Contacting the Tendering Authority

5.12.1 No Bidder shall contact the Tendering Authority on any matter relating to its bid,

from time of opening to the time the contract is awarded. If the bidder wishes to

bring additional information to the notice of the Tendering Authority, the same

should be done in writing. The Tendering Authority reserves the right as to whether

such additional information should be considered or otherwise.

5.12.2 Any effort by a Bidder to influence the Tendering Authority in its decision on bid

evaluation, bid comparison or contract award may result in disqualification of the

Bidders bid and also forfeiture of the bid security.

5.13 Bid Rejection Criteria

5.13.1 Besides other conditions and terms highlighted in the tender document, bids may

be rejected under following circumstances:

(i) General Rejection Criteria

Bids submitted without or improper Bid Security.

Bids received through Telex /Telegraphic / Fax/E-Mail.

Bids which do not confirm unconditional validity of the bid as prescribed in

the RFP.

If the information provided by the bidder is found to be incorrect /

misleading at any stage / time during the Tendering Process.

Any effort on the part of a bidder to influence the bid evaluation, bid

comparison or contract award decisions.

Bids received after the last date and time for receipt of bids prescribed,

pursuant to the section „Key events and dates‟ of this RFP.

Bids without power of authorization and any other document consisting of

adequate proof of the ability of the signatory to bind the bidder

(ii) Technical Rejection Criteria

Technical Bid containing commercial details.

Revelation of Prices in any form or by any reason before opening the

Commercial Bid.

Failure to furnish all information required by the Tender Document or

submission of a bid not substantially responsive to the Tender Document

in every respect.

Bidder not quoting for the complete scope of Work as indicated in the

Tender documents, addendum (if any) and any subsequent information

given to the Bidder


30

If the bid does not confirm to the timelines indicated in the bid.

(iii) Commercial Rejection Criteria

Incomplete Price Bid.

Price Bids that do not conform to the Tender‟s price bid format.

Total lump sum price quoted by the bidder does not include all statutory

taxes and levies applicable.


31

6 Contract Finalization and Award

6.1 Award Criteria

6.1.1 Purchaser will award the contract to the bidder whose bid has been determined as

technically qualified as well as lowest financial bid as per the procedure outlined

above.

6.2 Notification of Award

6.2.1 Prior to the expiration of the period of bid validity, Purchaser will notify the

successful Bidder by e-mail or by post that its bid has been accepted.

6.2.2 The notification of award will constitute the formation of the Contract.

6.2.3 Upon the successful Bidder furnishing the performance bank guarantee, Purchaser

will notify each unsuccessful Bidder and will return their bid security/EMD.

6.3 Signing of Contract

6.3.1 After Purchaser notifies the successful bidder that its proposal has been accepted,

Purchaser shall enter into a contract, incorporating all section, pre-bid clarifications

and the proposal of the bidder between Purchaser and the successful bidder.

6.4 Contract Finalization & Award

6.4.1 Purchaser shall reserve the right to negotiate with the bidder(s) whose proposal has

been ranked best value bid on the basis of Technical and Commercial Evaluation to

the proposed Project, as per the guidelines provided by CVC.

6.4.2 On this basis the draft contract agreement would be finalized for award and signing.

6.4.3 Upon award of contract, the SP will be responsible for implementing the Facility

Management Services w.e.f. 01st April, 2017 and then managing the operations for

a period of one year extendable by two years (one year at a time).

6.5 Performance Bank Guarantee

6.5.1 Purchaser will require the selected bidder to furnish at its own expense an

unconditional and irrevocable Performance Bank Guarantee provided by a

Nationalized / Scheduled Bank as per format prescribed at Annexure 3 under

Annexures of section 3 of the RFP.

6.5.2 This Performance Bank Guarantee will be for an amount equal to 10% of the

contract value. This performance bank guarantee shall be valid from date of

acceptance of Letter of Intent (LOI) and shall continue till 60 days after the

completion of all contractual liabilities including warranty obligations and defect

liability period as per CVC guidelines.


32

6.5.3 The selected bidder shall be responsible for extending the validity date and claim

period of the Performance Bank Guarantee as and when it is due on account of

non-completion of works specified in the contract. In case the selected bidder fails

to submit performance bank guarantee with the time stipulated, Purchaser at its

discretion may cancel the order placed on the selected bidder without giving any

notice.

6.5.4 Purchaser shall invoke the Performance Bank Guarantee in case the selected

bidder fails to discharge their contractual obligations during the period or Purchaser

incurs any loss due to vendors‟ negligence in carrying out the works specified in the

contract as per the agreed terms and conditions.

6.6 Action when whole Performance Bank Guarantee is Forfeited

6.6.1 In any case in which under any clause of this contract the Purchaser shall have

forfeited the whole of his security deposit (whether paid in one sum or deducted by

instalments) or the Contractor has committed a breach of any of the terms

contained in this contract, the Purchaser shall have power to adopt any of the

following courses as they deem best suited to its interest:

(i) To rescind the contract (of which rescission notice in writing to the

Contractor under the hand of the Purchaser shall be conclusive evidence)

in which case the security deposit of the Contractor shall stand forfeited

and be absolutely at the disposal of Purchaser.

(ii) To employ labour paid by Purchaser and to supply materials to carry out

the work or any part of the work debiting Contractor with the cost of labour

and the price of the materials of the amount of which cost and price, a

certificate of the Purchaser shall be final and conclusive against the

Contractor, and crediting him with the value of the work done, in all

respects in the same manner and at the same rates as if it had been

carried out by the Contractor under the terms of his contract. The certificate

of the Purchaser as to the value of the work done shall be final and

conclusive against the Contractor.

(iii) To measure up the work of the Contractor and to take such part thereof as

shall be unexecuted out of his hands and to give it to another Contractor to

complete, in which case any expenses which may be incurred in excess of

the sum which would have been paid to the original Contractor, the whole

work had been executed by him (of the amount of which excess the

certificate in writing of the Purchaser shall be final and conclusive) shall be

borne and paid by the original Contractor and may be deducted from any

money due to him by Purchaser under the contract or otherwise or from his

security deposit or from the proceeds of sale thereof, or a sufficient part

thereof.


33

6.6.2 In the event of any of the above courses being adopted by Purchaser, the

Contractor shall have no claim to compensation for any loss sustained by him by

reason of his having purchased or procured any materials or entered into any

agreements or made any advances on account of or with a view to the execution of

the work or the performance of the contract. And in case the contract shall be

rescinded under the provision aforesaid the Contractor shall not be entitled to

recover or be paid any sum for any work therefore actually performed under this

contract unless and until the Purchaser will certify in writing the performance of

such work, and the value payable in respect thereof and he shall only be entitled to

be paid the value so certified.

6.6.3 In any case in which any of the powers conferred upon Purchaser by clause 6.6

thereof shall have become exercisable and the same had not been exercised, the

non-exercise thereof shall not constitute a Waiver of any of the conditions hereof

and such powers shall notwithstanding be exercisable in the event of any future

case of default by the Contractor for which by any clause or clauses hereof he is

declared liable to pay compensation amounting to the whole of his security deposit,

and liability of the Contractor for past and future compensation shall remain

unaffected. In the event of Purchaser putting in force the powers under sub-clause

6.6.1 or 6.6.2 vested in it under the preceding clause, Purchaser may, if it so

desires, take possession of all or any tools; plant materials and stores in or upon

the works or the site thereof or belonging to the Contractor or procured by him and

intended to be used for the execution of the work or any part thereof paying or

allowing for the same in account at the contract rates or in case of these not being

applicable in current market rates to be certified by Purchaser whose certificate

thereof shall be final, otherwise the Purchaser may give notice in writing to the

Contractor or his clerk of the works, foremen or other authorized agent requiring

him to remove such tools, plant materials or stores from the premises (within a time

to be specified in such notice), and in the event of the Contractor failing to comply

with any such requisition, the Purchaser may remove them at the Contractor‟s

expense or sell them by auction or private sale on account of the Contractor and at

his risk in all respects without any further notice as to the date, time or place of sale

and the certificate of the Purchaser as to the expense of any such removal and the

amount of the proceeds & expense of any such sale shall be final and conclusive

against the Contractor.


34

6.7 Right of Owner to Forfeit Performance Bank Guarantee

6.7.1 Whenever any claim against the Contractor for the payment of a sum of money

arises out of or under the Contract including deficiency in performance of services,

Owner shall be entitled to recover such sum by appropriating in part or whole, the

security deposit of the Contractor forming whole or part of such security deposit. In

the event of the security deposit being insufficient or if no security deposit has been

taken from the Contractor, then the balance or the total sum recoverable, as the

case may be, shall be deducted from any sum then due or which at any time there

after may become due to the Contractor under this or any other contract with Owner

and should this be not sufficient to cover the recoverable amount the Contractor

shall pay to Owner on demand the balance remaining due.

6.8 Failure to Agree With the Terms & Conditions of the RFP

6.8.1 Failure of the successful Bidder to comply with the Terms & Conditions of the RFP

shall constitute sufficient grounds for the annulment of the award and forfeiture of

the bid security, in which event contract may be awarded to the next least cost

bidder. Purchaser reserves the right to take appropriate action in this regard.


35

Section 3 – Bid Formats


36

Prequalification Bid Formats

Form PQ 1: Pre- Qualification Bid Submission Letter

To

The Additional Director General of Income Tax (Systems) – II

ARA Centre, Ground Floor,

E-2, Jhandewalan Extension

New Delhi-1110053

Sir,

Subject: Managed Service Provider for Integrated Facility Management Service for Aayakar Bhawan, Vaishali - Pre-Qualification Bid

We, the undersigned bidders, having read and examined in detail all the bidding documents

in respect to Pre-Qualification Bid of Managed Service Provider for Integrated Facility

Management Services covering Security, House Keeping, Technical Support Services etc.

for Aayakar Bhawan, Vaishali, do hereby propose to provide our services as specified in the

RFP.

1. Pre-Qualification Response

We hereby confirm that our bid complies with the pre-qualification criteria as per

section 5.5 of the RFP, details of which have been given in the formats provided in

the section below.

2. Deviations

We hereby declare that all terms and conditions mentioned in RFP are acceptable to

us without any deviation and all the services shall be performed strictly in accordance

with the bid documents.

3. Bid Security

We have enclosed a bid security in the proforma as per the bid security form in the

form of a bank guarantee or crossed demand draft for a sum of INR 10,00,000 (as

mentioned in Annexure 2 of Section 3 of the RFP). This bid security is liable to be

forfeited in accordance with the provisions of bid documents.

4. We hereby declare that our bid is made in good faith, without collusion or fraud and

the information contained in the bid is true and correct to the best of our knowledge

and belief.

5. We understand that our bid is binding on us and that you are not bound to accept a

Bid you receive.

6. It is hereby confirmed that I/We are entitled to act on behalf of our company and

empowered to sign this document as well as such other documents, which may be

required in this connection.


37

Thanking you,

Yours faithfully

(Signature of the Authorized signatory of the Bidder)

Name:

Designation:

Seal:

Date:

Place:

Business Address:


38

Form PQ 2: Prequalification Checklist

S. No Eligibility Criteria Document Proof Compliance Page No.

1

2

3

4

5

(Signature of the Authorised signatory of the Bidder)

Name:

Designation:

Seal:

Date:

Place:

Business Address:


39

Form PQ 3: Certificate for not being debarred/blacklisted

We_________ hereby confirm that as on date of submission of the proposal for Selection of

Managed Service Provider for Integrated Facility Management Services covering Security,

House Keeping, Technical Support Services etc. for Aayakar Bhawan, Vaishali:

1) Our company or any of its directors have not been debarred/blacklisted by the

Central Government / any State Government / PSU entity in India for any reason;

2) The company or any of its directors have not been convicted by a court of law;

3) No criminal case is pending against the company or any of its directors.

Sincerely,


Name:

Designation:

Seal:

Date:

Place:

Business Address:


40

Technical Bid Formats

Form Tech 1: Technical bid submission letter

To




New Delhi-1110053

Sir,

Sub: Managed Service Provider for Integrated Facility Management Services for Aayakar

Bhawan, Vaishali - Technical Bid

1. We, the undersigned bidders, having read and examined in detail all the bidding

documents for providing Integrated Facility Management Services covering Security,

House Keeping, Technical Support Services etc. for Aayakar Bhawan, Vaishali do

hereby propose to provide our services as specified in the RFP.

2. Technical Response

We confirm having submitted the information as required by you in your Request for

Proposal document. In case you require any other further information/documentary

proof in this regard for evaluation of our bid, we agree to furnish the same in time to

your satisfaction.

3. Deviations

We hereby declare that all terms and conditions mentioned in RFP are acceptable to

us without any deviation and all the services shall be performed strictly in accordance

with the bid documents.

4. Validity of this Bid

We agree that the bid shall remain valid for a period of 180 days from the last date of

submission of bids and it shall remain binding upon us with full force and virtue.



and belief.


Bid you receive.

7. It is hereby confirmed that I/We are entitled to act on behalf of our company and

empowered to sign this document as well as such other documents, which may be

required in this connection.


41


Name:

Designation:

Seal:

Date:

Place:

Business Address:


42

Form Tech 2: Bidder’s Details

Bidder’s Details

S. No

Details Required Response

1 Name of the Company/ Bidder

2 Year of establishment of the Company/Bidder

3 Head Office Address

4 Telephone No. (with STD Code)

5 Fax No. (with STD Code)

6 E-mail Address

7 Name of the key representative for this contract

Sub-Contractor’s Details

S. No

Details Required Response

1 Name of the Company/ Sub-Contractor

2 Year of establishment of the Company/Sub-Contractor

3 Head Office Address

4 Telephone No. (with STD Code)

5 Fax No. (with STD Code)

6 E-mail Address

7 Area of Specialization

Note: In case of more than one sub-contractor please submit details in additional sheets in the above format.

As of this date the information furnished in all parts of this form is accurate and true to the best of my knowledge.


Name:

Designation:

Seal:

Date:

Place:

Business Address:


43

Form Tech 3: Bidder’s Experience

S. No Information Sought Information

1 Client‟s name

2 Assignment/Job name

3 Name and Contact Details of the Client

4 Scope of Services as provided under the contract

5 Current Status

6 Duration of Assignment/Job (months )

7 Approx. value of the contract (in Rupees)

8 Approx. value of the Assignment/job provided by your firm under the contract (in Rupees)

9 Start date (month/year)

10 Completion date (month/year)

11 Copy of Work Order or Client Certificate or Certificate from Company Secretary

12 Any other Supporting Document

Signature of Bidder:

Date:

Place:

Note:

Using the above format, please provide information on each assignment separately for which

the bidder was legally contracted either individually as a corporate entity or as one of the

major companies within an association, for carrying out services similar to the ones

requested under this RFP.


44

Form Tech 4: Proposed Approach

The bidders have to describe approach and methodology toward:

a. Attendance system of personnel deployed.

b. Ensuring that the various environmental, health and safety standards are met

while executing the services mentioned in the Scope of Work.

c. Generation of MIS reports for various services to be executed under the

Scope of Work.

d. Mechanism for submitting complaints and ensuring the speedy redressal of

the same.

e. Ensuring provision of quality manpower to meet the requirements as per

scope of work.


45

Form Tech 5: List of Key Personnel

S. No Name of Key Personnel Position/Task assigned for this job

1 Facility Manager

2 Facility Coordinator

3 House Keeping Supervisor

4 Security Supervisor

Note:

Names of only the Key Personnel should be mentioned in the table above.

The marks for Key Personnel will be computed on the basis of evaluation of Key Personnel

only whose CVs are enclosed.


46

Form Tech 6: Curriculum Vitae of Key Personnel

1 Proposed Position

2 Name of Staff

3 Current Job Title/ Designation

4 Date of Birth

5 Nationality

6 Education S. No Degree Obtained

Institution Dates

7 Certifications

8 Employment Record

9 Other Training

10 Languages S. No

Language Read Write Speak

11 Detailed Tasks Assigned

12 Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned

Name of the Assignment/Job or project

Year

Location

Employer

Position Held

Activities Performed

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand that any wilful mis-statement described herein may lead to my disqualification or dismissal, if engaged.

Date:

Place:

Note: For Key Personnel (Refer Form Tech 5 of this RFP), it is mandatory to provide name of proposed resource along with details desired as per format given above.


47

Financial Bid Formats

Form Fin 1: Financial Bid Submission Letter

To




New Delhi-1110053

Sir,

Sub: Managed Service Provider for Integrated Facility Management Service for Aayakar

Bhawan, Vaishali - Financial Bid

1. We, the undersigned Bidders, having read and examined in detail all the bidding

documents in respect to Selection of Managed Service Provider for Integrated

Facility Management Services covering Security, House Keeping, Technical Support

Services etc. for Aayakar Bhawan, Vaishali, do hereby propose to provide our

services as specified in the RFP.

2. Price and Validity

All the prices mentioned in our bid are in accordance with the terms as specified in

the bidding documents. All the prices and other terms and conditions of this bid are

valid for a period of 180 days from the last date of submission of bids.

3. We do hereby confirm that our bid prices include all applicable direct or indirect taxes

(Central or State or Local), rates, duties, charges and levies (Central or State or

Local), except service tax / GST (when applicable).

4. We have studied the clause relating to Indian Income Tax and hereby declare that if

any applicable direct or indirect taxes (Central or State or Local), rates, duties,

charges and levies (Central or State or Local), except service tax / GST (when

applicable) is altered under the law, we shall pay the same.

5. Deviations

We hereby declare that all terms and conditions mentioned in RFP (all sections,

Annexures and Corrigendum) are acceptable to us without any deviation and all the

services shall be performed strictly in accordance with the bid documents.

6. Bid Price

We declare that our bid prices are for the entire scope of the work as specified in the

Requirements specified in the bid documents.


48



and belief.


Bid you receive.

Thanking you,

Yours faithfully

(Signature of the authorised representative of the Bidder)

Name:

Designation:

Seal:

Date:

Place:

Business Address:


49

Form FIN 2: Priced Bill of Material

NAME OF WORK: Managed Service Provider for for Integrated Facility Management Services covering Security, House Keeping, Technical Support Services etc. for Aayakar Bhawan, Vaishali

S. No

Facility Manpower Type No. of Man-

power

Rate Rs./month / person

Total Rs./

Annum

1 Front Desk Services Receptionist 1

2 Housekeeping and Pest Control Services

Housekeeping

Supervisor

2

Office Attendant 60

Sweeper 14

3 Technical Support Services

Stenographer 5

Data Entry Operator 55

4 Horticulture Services Gardener 2

5

Security and Safety Related Services

Security Supervisor 3

Guards 28

Guards with Arm 6

Guards with Arm

(Night Shift) 2

Parking attendants 5

6 Telephone Maintenance Services

Telephone Technicians 2

7 Program Management

Facility Manager 1

Facility Coordinator 1

8 Management Fees and other Costs*

NA

Total (Cost for 1st Year)

Note: Management Fees and other costs should include all administrative costs, management fees, equipment hiring/maintenance charges, materials required to meet the requirements mentioned in the scope of work.

Note:

1. In case of calculation error, the rate Rs./month/person shall be considered the base

rate for evaluation of the bid.

2. Evaluation shall be done based on the scheduled manpower given in the priced bill of

material. However, Purchaser may increase or decrease the manpower as per office

requirement and payment will be made on the actual manpower utilized on agreed

rates, terms & condition of the contract.

3. Management Fees and other Costs will be paid pro rata every month (dividing the

yearly amount by 12)

4. The monthly payment will be made after deducting the penalty, if any.

5. The quoted prices shall be inclusive of all taxes/duties except service tax / GST

(when applicable).


50


51

Annexures

Annexure 1: Request for Clarification Format

Clarification Requested by:

Name

Designation

Company

Address

Contact Number

e-mail ID

Date

Clarifications Requested:

S. No. RFP Document Reference(s) (Section & Page Number(s))

Content of RFP requiring Clarification(s)

Points of clarification

Note: Bidders are requested to provide the queries in MS Word format


52

Annexure 2: Bid Security Format

Whereas ___________________________________ (hereinafter called “the Bidder”) has submitted its bid dated ___________ for “Facility Management Services for Income Tax Department, Vaishali” (hereinafter called "the Bid") to Additional Director General of Income Tax (Systems) – II

Know all men by these presents that We________________________________ of ______________________________ having our registered office at _________________________________ (hereinafter called "the Bank") are bound unto the Additional Director General of Income Tax (Systems) – II (hereinafter called "the Purchaser") to the sum of __________________________ for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these presents. Sealed with the Common Seal of the said Bank on this ______________________ day of _______________ 2017

THE CONDITIONS of this obligation are:

(i) If the Bidder, having withdrawn its Bid during the period of bid validity specified by

the Bidder on the Bid Form; or

(ii) If the Bidder, having been notified of the acceptance of its bid by the Purchaser

during the period of bid validity:

(iii) fails or refuses to execute the Contract Form, if required; or

(iv) fails or refuses to furnish the Performance Security, in accordance with the

instructions to Bidders;

We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including 120 days after the period of bid validity, and any demand in respect thereof should reach the Bank not later than the above date.

____________________________

(Authorised Signatory of the Bank)


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Annexure 3: Performance Bank Guarantee Format

To: ______________________________________________________________ (Name of Employer) _______________________________________________________________ (Address of Employer) WHEREAS____________________________________ (name and address of contractor) (hereinafter called “the contractor”) has undertaken, in pursuance of contract _______________________________________ No. _______________date__________________ to execute _________________________ (name of contract and brief description of works) (hereinafter called “the contract”) AND WHEREAS we have agreed to give the contractor such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the contractor, up to a total of _______________________________ _____________________________ (amount of guarantee) _______________________ (in words) such sum being payable in the types and proportions of currencies in which the contract Price is payable, and we undertake to pay you, upon your first written demand, and without cavil or argument, any sum or sums within the limits of _________________________________________ (amount of guarantee) as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the contractor before presenting us with the demand. We further agree that no change or addition to or other modification or the terms of the contract or of the works to be performed thereunder or of any of the Contract documents which may be made between you and the contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid until 28 days from the date of expiry of the Defects Liability Period. Signature and seal of the guarantor Name of Bank ___________________________ Address _____________________________ Date ____________________________ An amount shall be inserted by the Guarantor, representing the percentage of the contract Price specified in the contract and denominated in Indian Rupees.


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Annexure 4: Acknowledgement of Receipt of RFP

In acknowledgement of receipt of this Request for Proposal (RFP), the undersigned agrees

that he/she has received a complete copy of RFP.

Company Name: ____________________________________________________

Represented By: ____________________________________________________

Phone No.:_________________________________________________________

Fax No:_________________________Mobile No.:_________________________

E-mail:____________________________________________________________

Address: __________________________________________________________

City:____________________________State:_______________Pin Code:______

Signature & Seal: _____________________________________Date:__________

This name, address and e-mail will be used for all correspondences related to the RFP and

be used when distributing the written responses to questions and any RFP amendments etc.


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Section 4 – Scope of Work


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1 Introduction

1.1 Objective

1.1.1 The broad objective of this RFP is to select Service Provider/contractor for

Integrated Facilities Management Services (FMS) covering Security, House

Keeping, Technical Support Services etc. to ensure that the premises and

equipment of Aayakar Bhawan, Vaishali are kept safe, neat, clean and presentable

at all times, and all security and safety devices/ measures are taken to ensure

safety of the premises and personnel.

1.2 Broad Scope of Work

1.2.1 The broad scope of work of the Service Provider is as under:

(i) Front desk services

(ii) Housekeeping and Pest control services

(iii) Technical support services

(iv) Horticulture services

(v) Security and Safety related services

(vi) Telephone Maintenance Services

(vii) Programme Management

1.3 Location & Area

1.3.1 The location of building is Aayakar Bhawan, Vaishali, Ghaziabad (U.P.) - 201010.

The building is adjacent to Ansal Plaza, Cineplex, and Shopping Malls. Factories

like Dabur & Bhushan Steel are in close proximity.

1.3.2 The total Built-up Area is 10,392 sq.m. The detail of built-up area as given below:

Basement 2667

Ground Floor 1667

Annexe 1 & Part area of Main Building (Library

& Corridor) - 1st Floor

892

Annexe 1 - 2nd Floor 500

3rd Floor Stair case 14

4th Floor Stair case 14




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7th Floor with Stair case 914





Terrace 2600

Substation Area 570

Parking area within premises 7000

Parking area opp. road 3500

1.4 Layout

1.4.1 The area of the building consists of the following sections:

(i) Main entrance lobby, peripheral area and lifts

(ii) Staircases, lift lobbies and entry points

(iii) Entrance & exit gates

(iv) Security cabins

(v) Sloping Ramp and Basements

(vi) Working space of the office ground floor to 11th floor

(vii) Annexe-1 – 1st & 2nd floor

(viii) Landscape area

(ix) R.O.Plant, Fire Pump room & underground water & fire tank.

(x) AC plant room & Substation located approximately 150 meters away from

Aayakar Bhawan

(xi) Parking area within Premises & opposite to main entrance road

1.4.2 Following Electro Mechanical & Electrical Systems installed at Aayakar Bhawan not

in the scope of services of facility management service provider. However, the

house keeping of their place of installation shall be covered in the scope of

integrated facility management service (FMS) provider.

(i) DG Sets

(ii) HT/LT Panels

(iii) Metering Panel

(iv) Transformers


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(v) Pump

(vi) Lift Machine

(vii) AHU‟s

(viii) UPS System

(ix) RO Plant

(x) Cooling Towers

(xi) Fire water & water supply tanks underground and at various terrace level.

(xii) Solar water heating system

(xiii) Bore well, water treatment plant, water pumps and water storage tanks etc.

(xiv) Fire fighting system

(xv) EPABX system

(xvi) HVAC System (Central Air Conditioning System)

(xvii) Air-conditioning system consisting of refrigerant flow system, Window &

Split ACs.

(xviii) Fire Detection & PA system

(xix) FM 200 Gas Suppression System in Server Room

1.4.3 Underground and Overhead Structures: The Contractor will familiarise himself with

and obtain information and details from Purchaser in respect of all existing

structures and utilities existing at the job site before commencing work. The

Contractor shall execute the work in such a manner that the said structures, utilities,

etc. are not disturbed or damaged, and shall indemnify and keep indemnified

Purchaser from and against any destruction thereof or damages thereto.


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2 Front Desk Services

2.1 Overview

2.1.1 This service includes the services of Receptionist and shall be provided at ground

floor of building on five days of a week from Monday to Friday.

2.1.2 The resources shall be provided as per shift schedule mentioned in „Summary of

Personnel and Material‟. However, the Contractor shall arrange manpower in the

case of office exigencies including special and VIP visits at no extra cost.

2.1.3 The scope of services shall include but not limited to:

(i) Guiding the visitors/Residents/Officers to the intended destinations

(ii) Issue/receipts of proxy card to/from visitors

(iii) Maintaining the visitor register


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3.1 Overview

3.1.1 Housekeeping services include the services of Housekeeping Supervisor, Office

Attendant and Sweeper. The resources shall be provided as per shift schedule

mentioned in „Summary of Personnel and Material‟.

3.2 Daily Services

3.2.1 Housekeeping/ Cleaning services should be done daily minimum twice a day once

before 0900 hrs and second time between 1400 hrs to 1500 hrs. However the

Contractor shall arrange manpower for special and VIP visits at no extra cost.

3.2.2 Following specific services to be provided on a daily basis:

(i) Cleaning, Sweeping, Mopping, dusting and vacuuming with disinfectant

cleaner of floors, walls, ceilings, all staircases, cabins, cubicles, meeting

rooms, security office and other areas as covered in the contract.

(ii) Cleaning of baskets, wastepaper baskets, cob-webs and disposing of all

the collected refuse at designated site on daily basis.

(iii) Dusting of computer systems and their peripherals, all doors and windows,

furniture, fixtures, fans, equipment, accessories etc. and cleaning of all

windows glasses and grills. Cleaning and dusting of window panes/

Venetian blinds.

(iv) Spraying Room Fresheners daily at regular intervals.

(v) Scrubbing of toilets, wash basins, sanitary fittings, glasses and toilet floors.

(vi) Cleaning and disinfecting all vitreous fixtures including toilet bowls, water

closet (W.C), urinals, sinks, toilet seats, containers etc. Brush thoroughly to

include below water level and under rims including areas at hinges and

cistern handles. Restock toiletries, which include Liquid hand soap, toilet

paper, air freshener, sanitary cubes and Naphthalene balls in toilets after

daily check-ups in the morning, afternoons and on call basis during

daytime.

(vii) Cleaning and dusting of lighting distribution board, light fixtures, fans, air

conditioner vents, overhead light fixtures, projectors, fire-fighting

equipment, nameplates, plant boxes, doormats etc.

(viii) Putting plastic bags in all dustbins to avoid stains & stinks and clear them

on daily basis.

(ix) Check and remove hairs, dust, dirt or any such object from anywhere in

area covered under the contract.


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(x) Cleaning, dusting, scrubbing of pantries, reception, lifts, security rooms,

training halls, committee rooms, computer labs, parking area, basement

etc. The cleaning in occupied area should be done as and when the hall/

room/ cabin is opened and in the presence of the officer concerned or in

the presence of his/her authorized representative once in a day or on call

basis by the officer concerned during office hours on all working days.

(xi) The Contractor shall ensure Collection, Mechanized Screening /

segregation of dry and wet garbage in the earmarked area. The Contractor

shall also ensure segregation of biodegradable and non-biodegradable

garbage. Finally, the Contractor shall make the necessary arrangement for

disposal of the same from the earmarked area to the Corporation‟s bin,

located nearest to the Purchaser‟s premises.

3.3 Weekly Services

3.3.1 Following specific services shall be provided on a weekly basis:

(i) Review of the daily work schedule.

(ii) Cleaning of all metal surfaces like name boards, knobs, handle, panels,

planters etc.

(iii) Cleaning of entire area including all windows and glass panes, doors etc.

(iv) Vacuuming and spot cleaning of all carpeted areas.

(v) Removal of cobwebs and stains from walls and ceilings.

(vi) Thorough cleaning and scrubbing of floors, stair cases, washroom tiles etc.

with disinfectants, cleaning agents and scrubbing machine for cleaning of

stairs.

(vii) Cleaning of all laminated partitions and table tops.

(viii) Thorough cleaning and washing of common areas and washroom.

(ix) Cleaning of all electrical fittings like tube lights, fans, etc. under supervision

of the electrician.

(x) Cleaning of floors with soap water every week on holidays.

(xi) Cleaning of sanitary fittings, toilet drain pipes etc. in toilets with standard

cleaning material.

(xii) Washing of outside areas with high pressure jet machine.

(xiii) Cleaning of all chrome fitting, glass frames, soap holders etc to a shining

finish.

(xiv) Cleaning of Ceilings and high walls, removal of wash stains on walls,

ceilings, cleaning of roof, porch etc.


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3.3.2 The Contractor shall provide duty register to the Purchaser. Further, the Contractor

shall make a cleaning program and submit to the Purchaser for weekly cleaning so

that the Purchaser concerned official / in-charge for the particular area can be

deputed on the day of cleaning to make the area available and supervise the

cleaning work.

3.4 Pest Control Services

3.4.1 This service would cover the entire areas, and common usage areas such as

staircases, lobbies, terraces, car parking space, drainages, documents room/

remote areas and equipment rooms. The frequency of these services shall be as

per the normal practice and specific need of the Purchaser on as and when

required basis.

3.4.2 The Major Services to be covered are as under:

(i) General Disinfestations against mosquitos, spiders, cockroaches,

houseflies etc.

(ii) Rodent control

(iii) Termite and wood-beetle treatment

(iv) Anti-Malarial Fumigation.

(v) Apart from above services, the service provider will have to suitably

disinfect drain outlets from the kitchen, canteen area and toilets by

spraying with insecticide every Saturday and whenever necessary.

3.4.3 The responsibilities/Duties of Contractor in this area are as under:

(i) Take effective measures for Rodent and Disinfestations Control Services

including fogging etc. in the area of contract.

(ii) Use chemicals that are harmless to humans, machines and are of WHO

specification. Further, the chemicals should not leave any spots in the

treated area.

(iii) Any damage caused to machinery/ books due to Rodent and

disinfestations services in the areas covered during the period of contract

shall be made good.

(iv) Carry out disinfestations and fumigations once a fortnight and rodent and

reptile control on need basis.

(v) It is likely that termite may come in existence in the building premises,

which may damage not only the records and furniture but also adversely

affect the environmental conditions. The agency has to run regular termite

treatment programs/activities.

(vi) Prior to carrying out the Pests and Rodent Control Services submit a

detailed plan for approval of the Purchaser.


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3.5 Equipment & Material to be provided by the Contractor:

3.5.1 Vacuum cleaner (Site Based) at least – 3 Nos.

3.5.2 Floor scrubbing machine (Site Based) at least – 3 Nos.

3.5.3 Cleaning material for:

(i) All floors, walls and metal surfaces

(ii) All common toilets

(iii) Windows and door glass panes

(iv) Telephone instruments and Modem

3.5.4 High pressure jet machine.

3.5.5 C-fold, toilet roll, hand wash etc.

3.5.6 The Contractor shall furnish the details of proposed makes of cleaning material and

supply the same after obtaining Purchaser‟s approval.


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4.1 Overview

4.1.1 These services include the services of stenographers, data entry operators for

providing technical support to the officers at Aayakar Bhawan, Vaishali, Ghaziabad

(U.P.) - 201010.


Personnel and Material‟. The Contractor shall deploy competent, skilled and trained

personnel having appropriate requirements to perform technical support services

under this agreement. The staff shall maintain discipline and conform to office

etiquette. The staff deployed with a particular officer shall be replaced in case of

unsatisfactory performance.


Personnel and Material‟.

4.1.4 Flexi Hours: The contractor shall provide Stenographers, Data Entry Operators

beyond official timings as required by the officer under whom they will be attached.

They would be required to assist for extended hours for which they would be given

adequate relief in the timings in subsequent days (either by allowing them late

arrival or providing compensatory leave), as approved by the officer. However, the

total working hours for Stenographers, DEOs would not exceed the standard hours.


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5 Horticulture Services

5.1 Overview

5.1.1 These services include all the horticulture activities discussed in detail below.

5.1.2 These Services shall be provided on six days of a week from Monday to Saturday

excluding Sundays and Gazetted holidays of Purchaser. The resources shall be

provided as per shift schedule mentioned in „Summary of Personnel and Material‟.

5.1.3 These services are to be provided as per the needs and requirements of the

Directorate of Income Tax on continuous basis during the period of contract.

5.2 Jobs to be performed by the Contractor

5.2.1 Maintenance of Lawns, Flowerbeds, Shrubbery, trees and greenery around the

building & all indoor and outdoor plants (potted or otherwise) etc.

5.2.2 Weeding including elimination of grass & weeds from cracks and joints within

building, sidewalks and curbs, mowing of lawns & disposal of grass thereafter.

5.2.3 The lawns, plants, trees and potted plants shall be watered to provide water

penetration.

5.2.4 Daily cleaning of lawns.

5.2.5 Pruning of shrubs, bushes and trees and periodic grass cutting in the lawns.

5.2.6 Rich soil shall be applied evenly over sunken garden lawns and around the roots of

the plants.

5.2.7 Fertilizer, application of manure and liming – to be performed in a manner that

promotes proper health of plants.

5.2.8 Cleaning storm/ monsoon damages.

5.2.9 Disposal of debris in an environmentally acceptable manner approved by the

Purchaser.

5.2.10 Removing of the garden rubbish obtained from day to day horticulture maintenance

work including machine cut grass, plant waste etc.

5.2.11 Replacement of grass- The new grass will have to be of variety carpet lawn grass of

selection no one. In case, Department decides to re-lay the grass after certain

period, the same shall be supplied at the rates quoted in priced bill of material with

appropriate increase in the percentage based on the year of layout. The

approximate area of the lawn is about 765 sqm.

5.2.12 Alteration in design (if required).

5.2.13 The maintenance of indoor plants will also be part of horticulture services with the

following terms:

(i) The vendor will supply and maintain 250 potted plants


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(ii) Plants should always be fresh. In case of any damage, the same has to be

replaced within 24 hours.

(iii) Complaints should be attended on the same day.

5.3 Equipment & Material to be Provided by the Contractor

5.3.1 Spades, Rakes, Kasias, Khurpis, Hedge shears, Lawn Mower, Hatchets & Garden

Saw etc.

5.4 Responsibilities of Contractor

5.4.1 The tools and plants required for the various jobs have to be arranged and nothing

extra shall be paid on this account by the purchaser.

5.4.2 Indemnify the Purchaser from any responsibility for any injury partial or permanent

or death of any worker or person at site due to accident during functioning of the

equipment or by negligence of the staff.

5.4.3 No compensation shall be payable to the contractor for any damage caused by

natural calamity (Rains, storms, earthquakes and other calamity) during the

execution of work.

5.4.4 Ensuring adequate watering of plants and maintenance of nursery is done during

the holidays so that the maintenance of the plants do not suffer due to holidays.


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6 Security and Safety Related Services

6.1 Overview

6.1.1 The service provider/contractor shall provide security and safety related services to

the Aayakar Bhawan, Vaishali. The resources shall be provided as per shift

schedule mentioned in „Summary of Personnel and Material‟.


(i) Vetting and verification of visitors at the gate

(ii) Guiding the genuine visitors/ Residents to the intended destinations

(iii) To register and check the material going in and out of the premises

(iv) To enforce strong watch and ward at the gates of the complex to restrict

entry to unauthorized and anti-social elements

(v) To cover and secure the perimeter of the complex

(vi) To monitor, plan and direct the procedures for efficient parking facility for

the visitors and residents

(vii) To maintain sharp watch on the staff, workers and the visitors to prevent

unwarranted activities within the complex

(viii) To help educate and spread awareness to the occupants of Fire

prevention, control and fighting

(ix) To execute disaster Management plans including first aid facilities and to

ensure compliance of all fire safety rules.

(x) Conduct Evacuation plans periodically for the occupants in case of

disasters and hazards

(xi) The Contractor shall ensure periodic reports on Fire Audit, Security

functional audit, danger speculations for the premises (if any) in

consultation with the purchaser.

(xii) Maintenance of records of incidents

(xiii) Maintenance of contacts of important emergency action agencies like Fire,

Departments, Police and Hospitals etc.

(xiv) Preparation of emergency evacuation guidelines

(xv) Adequate Training Programmes on various aspects, such as Technical,

Safety and good House Keeping.

(xvi) Availability to the deputed Security personnel at the site the minimum

Equipment and items to ensure efficient Vigilance to protect the premises

against external threats, thefts, fire hazards, natural disasters and

unauthorized entry.

6.1.3 The contractor shall provide at least two female security guards.


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6.1.4 The minimum equipment available and possessed by the Security Guards such as:

(i) Battery Torch

(ii) Whistle

(iii) Baton

(iv) Licensed Arms & ammunition

6.1.5 The Security staff shall be constantly stationed at various posts / duties in the

premises as per the direction of the Managers. In no case there would be any

interchange of personnel deployed for security and other services; and that the

command, supervision and reporting for these two streams of works i.e. security

and all other services shall be totally separate. The personnel deployed for security

duties shall preferably be Ex- serviceman from defence service and the Contractor

shall have necessary approvals for the same.

6.1.6 For the purpose of security of electrical substation (570 sqm approx), outside the

building, two security personnel will be required for night shift from 10 PM to 6 AM.

One of the guards has to be armed with Gun. These services will be required for all

days of contract including Sundays and Gazetted holidays of Purchaser.

6.1.7 Deployment of parking attendants at the parking space in Vaishali Building and area

opposite Aayakar Bhawan, Vaishali to ensure optimum utilisation of parking space.

These services shall be provided on five days a week from Monday to Friday as per

shift schedule mentioned in „summary of personnel/material required‟ i.e. excluding

Saturdays, Sundays, & Gazetted holidays of Purchaser.

6.1.8 The scope of work shall include the entire security services for the premises with

minimum requisite manpower as mentioned in „Summary of personnel/material

required‟.


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7.1 Overview

7.1.1 Telephone Maintenance services shall be provided on six days a week from

Monday to Saturday as per shift schedule mentioned in „summary of

personnel/material required‟ i.e. excluding Sundays & Gazetted holidays of

Purchaser.


(i) Technical support for maintenance of telephone line from MDF till telephone &

EPBX.

(ii) Lodging of telephone/ broadband complaints & follow up.

(iii) Maintenance of telephone line includes internet connectivity upto modem.


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8.1 Overview

8.1.1 The service provider will be responsible for ensuring that all components of services

are co-ordinated and quality is maintained. The resources shall be provided as per

shift schedule mentioned in „Summary of Personnel and Material‟.


(i) Ensure delivery of all services under the contract.

(ii) Ensure coordination between various services under the contract.

(iii) Finalise deployment of personnel under the contract .

(iv) Ensure attendance of personnel on a daily basis.

(v) Ensure maintenance operational MIS on a daily basis.

(vi) Ensure resolution of service complaints within a reasonable time.

(vii) Ensure maintenance of environment, health and safety standards.

(viii) Ensure adherence to the service specifications and other terms specified in the

contract.


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9 Summary of Personnel and Material

9.1 Summary of Personnel Requirement

The indicative requirement of personnel is as under:

S. No Area Manpower Type No. of Man- power

Working Hours

Work schedule

1 Front Desk Services Receptionist 1 Day Shift (0900-1830)

5 days a week



2

Day shift (0800-1700)

6 days a week

Office Attendant 60 Day Shift (0915-1815)

Sweeper 14 Day Shift (0900-1900)


Stenographer 5 Day Shift (0900-1900) 5 days a

week Data Entry Operator 55

Day Shift (0900-1900)

4 Horticulture Services Gardener 2 Day Shift (0800-1700)

6 days a week

5

Security and Safety Related Services

Security Supervisor 3

Three shifts

7 days a week

Guards 28 3 shifts a day(8hr. shift)

Guards with Arm 6 3 shifts a day(8hr. shift)

Guards with Arm (Night Shift)

2 Night Shift (2200-0600)

Parking attendants 5 2 Shifts a day (8hr. shift)


Telephone Technicians

2 Day Shift (0915-1815)

5 days a week


Facility Manager 1 Day Shift (0915-1815) 6 days a

week Facility Coordinator 1

Day Shift (0915-1815)

.


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9.2 Minimum Qualification/Experience for personnel

Position Minimum Qualification

Minimum no. of Years of experience in relevant field

Nature of experience

Facility Manager

Graduate 5 Should have experience in managing operations with good skill of communication both in Hindi as well as English.

Facility Coordinator

Graduate 3 Should have experience in managing operations with good skill of communication both in Hindi as well as English.


Graduate 3 Should have experience in housekeeping with good skill of communication both in Hindi as well as English.

Security Supervisor

Ex servicemen 3 Should have good skill of communication

Stenographer Graduate & Stenography course

3 Basic Knowledge of Computer including proficiency in Microsoft Word, Excel.

Having good skill of communication both in Hindi as well as English.

Shorthand speed of 80 Words/Min.

Min. Typing speed of 50 Words/Min.

Data Entry Operator

Graduate having English as a main subject at 12th standard.

2 Basic Knowledge of Computer including proficiency in Microsoft Word, Excel.


Typing speed of 35 Words/Min.

Proficient in web browsing

Receptionist Graduate 3 Experience in front desk Office/ Reception of Corporate Office/Institutional building


Telephone Technician

Diploma in Electronics/ Telecommunication

3 Experience in repair and maintenance.

Guard 10th standard 3 Sound Health and physically fit

Parking attendant/Guard

10th Standard 3 Experience in managing vehicle parking and having valid Driving license of LMV.

Office Attendant 8th Standard -

Sweepers - - -


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Note: The Contractor shall ensure that the personnel deputed possess the minimum qualification and desired experience referred in the above table. The purchaser reserves the right to examine the above aspects as and when felt necessary. If it is found by the Purchaser that the performance of any personnel is not upto mark or the personnel does not hold the requisite qualification, the Contractor shall provide the replacement on the next working day. The decision of the Purchaser in the matter shall be final.

9.3 Summary of Material Requirement

The contractor is responsible to provide equipment and material as specified under the scope of work such as housekeeping services, pest control services and horticulture services etc. The contractor may include the cost of equipment hiring/maintenance charges, and other materials in the Financial Bid.


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Section 5 – General Conditions of

Contract


75

1 General Obligations & Conditions of Contract

1.1 INTERPRETATION OF CONTRACT DOCUMENTS

1.1.1 The several documents forming the contract are to be taken as mutually

explanatory of one another. Should there be any discrepancy, inconsistency, error

or omission in the Contract Documents or any of them, the matter shall be referred

to the Purchaser for his decision which shall be final and conclusive and the

Contractors shall carry out the work in accordance with such decisions.

1.2 Headings & Marginal Notes

1.2.1 All headings and marginal notes of the clauses of these General Conditions of

Contract or of and to the specifications or any other tender document are solely for

the purpose of giving a concise indication and not a summary of the contents

thereof, and they shall never be deemed to be part thereof or be used in the

interpretation or construction thereof or of the contract.

1.3 Singular & Plural

1.3.1 In these contract documents unless otherwise stated specifically, the singular shall

include the plural and vice versa wherever the context so requires.

1.4 Contractor to obtain his own Information

1.4.1 The Contractor in fixing his rate shall for all purpose whatsoever is deemed to have

him independently obtained all necessary information for the purpose of preparing

his tender. The correctness of the details, given in the RFP Document to help the

Contractor to make up the tender, is not guaranteed.

1.4.2 The Contractor shall be deemed to have examined the contract documents, to have

generally obtained his own information in all matters whatsoever that might affect

carrying out the works at the scheduled rates and to have satisfied himself to the

sufficiency of his tender.

1.4.3 Any error in description or quantity or any other aspect in scheduled rates or

omissions there from shall not vitiate the contract or release the Contractor from

executing the work comprised in the contract according to drawings and

specifications at the scheduled rates. He is deemed to know the scope, nature and

magnitude of the work and the requirements of materials and labour and the type of

work involved etc.; and as to what all he has to do to complete the works in

accordance with the contract documents whatever be the defects, omissions or

errors that may be found in the Contract Documents.


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1.4.4 The Contractor shall be deemed to have visited the surroundings and to have

satisfied himself as to the nature of all existing structures, if any, and also as to the

nature and condition of the Railways, roads bridges and culverts, means, of

transport and communications whether by land, water or air, and as to possible

interruptions, there to and the access and agrees from the site to have made

enquiries, examined and satisfied himself as to the sites for obtaining sand, stones,

bricks and other materials, the sites for disposal of surplus materials the available

accommodation as to whatever required as depots and such other buildings as may

be necessary for executing and completing the works, to have made local

independent enquiries as to the subsoil, sub-soil water and variations thereof,

storms, prevailing winds, climatic conditions and all other similar matters affecting

these works.

1.4.5 The Contractor is deemed to have acquainted as to its liability for payment of

Government taxes, customs duty and other charges.

1.4.6 Any neglect or failure on the part of the Contractor in obtaining necessary and

reliable information upon the foregoing or any other matters affecting the contract

shall not relieve him from any risks or liabilities or the entire responsibility from

completion of the works at the schedule rates and time in strict accordance with the

contract documents.

1.4.7 No verbal agreement or inference from conversation with any officer or employee of

Purchaser either before or after the execution of the Contract Agreement shall in

any way affect or modify any of the terms of obligations herein contained.

1.5 Force Majeure

1.5.1 Any delay in or failure of performance of either party hereto shall not constitute

default hereunder or give to any claims for damages if and to the extent such delays

or failure of performance is caused by occurrence such as Acts of God or the public

enemy; expropriation or confiscation of facilities by Government authorities,

compliance with any order or request of any Governmental authority, acts of way,

rebellion or sabotage or damage resulting there from, fires, floods, explosion, riots

or illegal strikes. The Contractor shall keep record of the circumstances referred to

above which are responsible for causing delays in the completion of work and bring

these to the notice of the Purchaser.

1.6 Purchaser Not Bound by Personal Representation

1.6.1 The Contractor shall not be entitled to any increase on the schedule of rates or any

other right or claim whatsoever by reason of any representation, explanation or

statement on alleged representation, promise or guarantees given or alleged to

have been given to him by any person.


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1.7 Change in Constitution

1.7.1 No change in the constitution of the contractor, including Memorandum of

Association and Articles of Association shall be made without prior approval of the

Purchaser.

1.8 Members of Purchaser Not Individually Liable

1.8.1 No Director, or Officer, official or employee of Purchaser shall in any way be

personally bound or liable for the acts or obligations of Purchaser under the contract

or answerable for any default or omission in the observance or performance of any

of the acts, matters, or things which are herein contained.

1.9 Contractor’s Office at Site

1.9.1 The Contractor shall maintain an office at the site for the accommodation of his

agent and staff and such office shall be opened from 0800 Hrs to 2000 Hrs on all

days (including Saturday & Sunday), except on public holidays to receive

instructions/notices or other communications. But even on these days, (viz, public

holiday/national holiday) Contractor shall depute staff to handle emergencies and

shall provide their names & telephone numbers to Purchaser at least 48 hours prior

to the public holiday.

1.10 Contractor’s Subordinate Staff and Their Conduct

1.10.1 The Contractor after the award of the work should name the person responsible for

the work, to whom equipment and materials, if any, will be issued and to whom all

site instructions and notices can be issued. He should have necessary Power of

Attorney which shall be deposited with the Purchaser in original.

1.10.2 Contractor’s staff strength: The Contractor shall provide, to the satisfaction of the

Purchaser sufficient and qualified staff to superintend the execution of the works,

competent sub-agents, Engineering assistants, foremen and leading hands

including those specially qualified by previous experience to supervise the types of

works comprised in the contract in such a manner as will ensure work of the best

quality, expeditious working and proper supervision shall be employed, and

whenever in the opinion of the Purchaser this is not the case, additional and

properly qualified supervisory staff shall be employed by the Contractor without

additional charge on account thereof. The Contractor shall ensure to the

satisfaction of Purchaser that sub-Contractors, if any, shall provide competent and

efficient supervision over the work entrusted to them. Where so required, the

Contractor shall furnish an organization chart as well as full details of staff.


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1.10.3 Conduct of Contractor’s Staff: The Contractor shall be responsible for the proper

behaviour of all the staff, foremen, workmen and others, and shall exercise a proper

degree of control over them and in particular and without prejudice to the said

generality, the Contractor shall be bound to prohibit and prevent any employees

from trespassing or acting in any way detrimental or prejudicial to the interests of

the community or of the proprietor or occupiers of land and properties in the

neighbourhood and in the event of such employee so trespassing, the Contractor

shall be responsible therefore and relieve Purchaser of all consequent claims or

actions for damages or injury or any other grounds whatsoever. The decision of the

Purchaser upon any matter arising under this clause shall be final.

1.10.4 If and whenever any of the Contractor‟s or sub-Contractor‟s agents, sub-agents,

assistants, foremen or others employees shall in the opinion of Purchaser be guilty

of any misconduct or be incompetent or insufficiently qualified or negligent in the

performance of their duties or that in the opinion of the Purchaser, it is undesirable

for administrative or any other reason for such person or persons to be employed in

the works, the Contractor if so directed by the Purchaser, shall at once remove

such person or persons from employment thereon. Any person or persons so

removed from the works shall not again be employed in connection with the works

without the written permission of the Purchaser. Any person so removed from the

works shall be immediately replaced at the expense of the Contractor by a qualified

and competent substitute. Should the Contractor be requested to repatriate any

person removed from the works, he shall do so and shall bear all costs in

connection herewith.

1.10.5 If and when required by Purchaser, all Contractors personnel entering upon the

premises shall be properly identified by badges displaying their name & designation

and uniform of type acceptable to Purchaser which must be worn all times on the

premises of the Purchaser and all work sites.

1.11 Sub-Letting of Work

1.11.1 No part of the contract nor any share or interest there in shall in any manner or

degree be transferred, assigned or sublet by the Contractor directly or indirectly to

any firm or corporation whatsoever except as provided for in the succeeding sub-

clause, without the consent in writing of the Purchaser.

1.11.2 The Purchaser may give written consent to sub-contract for the execution of any

part of the works at the site, being entered into by the Contractor provided each

individual sub contract is submitted to the Purchaser before being entered into and

is approved by him.

1.11.3 The Contractor shall supply to the Purchaser list of all sub-Contractors or other

persons or firms engaged by the Contractor and working at the site during the

previous month with particulars of the general nature of the sub-Contractors or

works.


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1.12 Contractor’s Liability Not Limited by Sub-Contractors:

1.12.1 Notwithstanding any sub-letting with such approval as aforesaid and

notwithstanding that the Purchaser shall have received copies of any sub-contracts,

the Contractor shall be and shall remain solely responsible for the quality and

proper and expeditious execution of the contract in all respects as if subletting or

subcontracting had not taken place and as if such work had been done directly by

the Contractor.

1.12.2 Purchaser may Terminate Sub-Contractors

(i) If any sub-Contractor engaged upon the works at the site executes any

work which in the opinion of the Purchaser is not in accordance with the

contract documents, the Purchaser may give written notice to the

Contractor requiring him to terminate such sub-contract and the Contractor

upon the receipt of such notice shall terminate such sub-contract and the

latter shall forthwith leave the works, failing which the Purchaser shall have

the right to remove such sub-Contractors from the Site.

1.12.3 No remedy for action taken under this clause

(i) No action taken by the Purchaser under the clause shall relieve the

Contractor of any of his liabilities under the contract or give rise to any right

to compensation, extension of time or otherwise, failing which the

Purchaser shall have the rights to remove such sub-Contractors from the

site.

1.13 Power of Entry

If the Contractor does not commence the work in the manner previously described in

the contract documents or if he shall at any time in the opinion of the Purchaser

(i) Fails to carry on the works in conformity with the contract documents, or

(ii) Fails to carry on the works in accordance with the time schedule, or

(iii) Substantially suspend work or the works for a period of fourteen days

without authority from the Purchaser, or

(iv) Fails to carry on and execute the works to the satisfaction of the

Purchaser, or

(v) Fails to supply sufficient or suitable constructional plant, temporary works,

labour, materials or things, or

(vi) Commit or suffer or permit any other breach of any of the provisions of

contract on his part to be performed or observed or persist in any of the

above mentioned breaches of the contract for fourteen days, after notice in

writing shall have been given to the Contractor by the Purchaser requiring

such breach to be remedied, or

(vii) If the Contractor shall abandon the works, or


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(viii) If the Contractor during the continuance of the contract shall become

bankrupt, make any arrangement or composition with his creditors or

permit any execution to be levied or go into liquidation whether

compulsory, or voluntary (not being merely a voluntary liquidation for the

purpose of amalgamation or reconstruction).

(ix) Then, in any such case, the Purchaser shall have the power to enter upon

the works and take possession thereof and of the materials, temporary

works, constructional plant, and stock thereon, and to revoke the

Contractor‟s license to use the same, and to complete the works by his

agents, other Contractors, or workmen, or to relent the same upon any

terms and to such other person, firm or corporation as the Purchaser in his

absolute discretion may think proper to employ, and for the purpose

aforesaid to use or authorize the use of any materials, temporary works,

considered plant, and stock as aforesaid, without making payment or

allowance to the Contractor for the said materials other than such as may

be certified in writing by the Purchaser to be reasonable, and without

making any payment or allowance to the Contractor for the use of the said

temporary works, constructional plant and stock or being liable for any loss

for damage there to, and if the Purchaser shall by reason of his taking

possession of the works or of the works being completed by other

Contractor (due account being taken of any such extra work or works

which may be omitted) then the amount of such excess as certified by the

Purchaser shall be deducted from any money which may be due for work

done by the Contractor under the contract and not paid for any deficiency

shall forthwith be made good and paid to Purchaser by the Contractor and

Purchaser shall have power to sell in such manner and for such price as

Purchaser may think fit and or any of the constructional plant, materials

etc.; construction by or belonging to and to recoup and retain the said

deficiency or any part thereof out of the proceed of the sale.

1.14 Notices

1.14.1 Any notice hereunder may be served on the Contractor or his duly authorized

representative at the job site or may be served by registered post, speed post, e-

mail direct to the address/ email-id furnished by the Contractor. Proof of issue by

Purchaser of any such notice would be conclusive of the Contractor having been

duly informed of all contents therein.

1.15 Rights of Various Interests

1.15.1 Wherever the work being done by any department of the Purchaser or by other

Contractors employed by the Purchaser the respective rights of the various

interests involved shall be determined by the Purchaser to secure the completion of

the various portions of the work in general harmony.


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1.16 Qualified and Experienced personnel

1.16.1 The Contractor shall ensure at all times that it has sufficient, suitable and qualified personnel with requisite experience to undertake the responsibilities imposed upon the Contractor under the Contract.

1.17 Determination & Termination of Contract

1.17.1 The Purchaser reserves the right to assess the Contractor‟s performance and to

terminate the Contract at any stage during the currency of the Contract without

giving any reasons thereof by giving 1 (One) month notice in writing.

1.18 Right of Purchaser to Determine & Terminate Contract

1.18.1 Purchaser, shall, at any time, be entitled to determine and terminate the contract, if

in its opinion the cessation of the work becomes necessary owing to paucity of

funds, change in scheme or from any other cause, whatsoever, in which case the

cost of approved materials at the site at current market rates as verified and

approved by Purchaser and of the value of the work done to date by the Contractor

shall be paid for in full at the rates specified in the contract. A notice in writing from

the Purchaser to the Contractor of such determination and termination and the

reason therefore shall be the conclusive proof of the fact that the contract has been

so determined and terminated by Purchaser.

1.18.2 Should the contract be determined under sub-clause (i) of this clause and the

Contractor claims payments to compensate expenditure incurred by him in the

expectation completing the whole of the work, the Purchaser shall consider and

admit such claims, as are deemed fair and reasonable and are supported by

vouchers to his satisfaction. The decision of Purchaser on the necessity and

proprietary of any such expenditure shall be final and conclusive and be binding on

the Contractor.

1.19 Mutual Rescission

1.19.1 No mutual rescission of this contract or the mutual rescission of any obligation of

either party hereto, shall be binding upon the other party unless such mutual

rescission is reduced to writing and signed by both parties hereto.

1.20 Bankruptcy

1.20.1 If a petition of bankruptcy is filed by or against the Contractor, Purchaser may, at its

opinion, and within sixty days of the filing of such petition cancel this contract and

agreement provisions contained in Clause 1.18.1 above shall apply in such a case.


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1.21 Patents, Royalties & Lien

(i) The Contractor, if licensed under and patent covering equipment,

machinery, materials compositions of matter to be used or supplied or

methods and process to be practiced or employed in the performance of

this contract, agrees to pay all royalties and license fees which may be due

with respect thereto. If any equipment, machinery, materials, composition

of matters to be used or supplied or methods and processes to be

practised or employed in the performance of this contract is covered by a

patent, then the Contractor, before supplying or using the equipment,

machinery, materials, composition, methods or process shall obtain such

licenses and pay such royalties and license fees as may be necessary for

performances of this contract. In the event the Contractor fails to pay any

such royalty or obtain any such license any suit for infringement of such

patents which is brought against the Contractor or Purchaser as a result of

such failure will be defended by the Contractor at his own expense and the

Contractor will pay any damage and costs awarded in such suit. The

Contractor shall promptly notify Purchaser if the Contractor has acquired

knowledge of any plant under which a suit for infringement could be

reasonably brought because of the use by Purchaser of any equipment,

machinery, materials, composition, process, methods to the supplied

hereunder.

(ii) The Contractor agrees to and does hereby grant to Purchaser together

with the right to extend the same to any of the subsidiaries of Purchaser as

irrevocably, royalty- free license to use in any country; any invention made

by the Contractor or his employee in or as a result of the performance of

the work under the contract.

(iii) Purchaser shall indemnify and save harmless the Contractor from any loss

of account of claims against Contractor for the contributory infringement of

patent rights arising out and based upon the claim the use by Purchaser of

the process included in the design prepared by Purchaser and used in the

operation of the plant infringes on any patent rights. With Contractor

pursuant to the provisions of the relevant clause hereof the Contractor

shall obtain from the sub-Contractor an undertaking to provide Purchaser

with the same patent protection that Contractor is required to provide under

the provisions of this clause.

(iv) All drawings, blue prints, tracings, reproducible, models, plans,

specifications and copies thereof furnished by Purchaser as well as all

drawings, tracings, reproducible, plans, specifications, design, calculations

etc. prepared by the Contractor for the purposes of execution of work

covered in or connected with this contract shall be the property of

Purchaser and shall not be used for any other work but are to be delivered

to Purchaser at the completion of the contract.


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(v) Where so desired by Purchaser, the Contractor agrees to respect the

secrecy of any documents, drawings etc. issued to him for the execution of

this contract, and restrict access to such documents, drawings etc. to the

minimum and further, the Contractor agrees to execute an individual

SECRECY agreement from each or any person employed by the

Contractor having access to such documents, drawings etc. In any event

the Contractor shall not issue drawings and documents to any other

agency or individual without the written approval by Purchaser.

1.22 Lien

1.22.1 If, at any time, there should be evidence of any lien or claim for which Purchaser

might have become liable and which is chargeable to the Contractor, Purchaser

shall have the right to retain out of any payment then due or thereafter becomes

due an amount sufficient to completely indemnify Purchaser against such lien or

claim and if such lien or claim be valid Purchaser may pay and discharge the same

and deduct the amount so paid from any money which may be or may become due

and payable to the Contractor. If any lien or claim remaining unsatisfied after all

payments are made, the Contractor shall refund or pay to Purchaser all moneys

that the latter may be compelled to pay in-discharging such lien or claim including

all costs and reasonable expenses.

1.22.2 The final payment shall not become due until the Contractor delivers to the

Purchaser as complete release or waiver of all liens arising or which may arise out

of this agreement or receipts in full or certification by the Contractor in a form

approved by Purchaser that all invoices for labour, materials and services have

been paid in lien thereof and if required by the Purchaser in any case, an affidavit

that so far as the Contractor has knowledge or information the releases and

receipts include all the labour and material for which a lien could be filled.

1.22.3 Contractor will indemnify and hold Purchaser harmless for a period of two years

after the issue of final certificate from all liens and other encumbrances against

Purchaser on account of debts or claims alleged to be due from the Contractor or

his sub-Contractor to any person including sub-Contractors and on behalf of

Purchaser will defend at his own expenses any claim or litigation in connection

therewith Contractor shall defend or contest at his own expense any fresh claim or

litigation brought against Purchaser or the Contractor by person including even after

the expiry of two years from the date of issue of final certificate.

1.22.4 Contractor shall indemnify and save Purchaser from and against all actions, suits

proceedings, losses, costs damages, charges claims and demands of every nature

and description brought or recovered against Purchaser by reason of any act or

omission of the Contractor, his agents or employees in the execution of the work or

in regarding the same. All sums payable by way of compensation under any of

these conditions shall be considered as reasonable compensation to be applied to

the use of Purchaser without references to the actual loss or damage sustained and

whether or not any damage shall have been sustained.


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1.23 Publicity

1.23.1 Contractor shall not disclose details of the work to any person or persons except

those engaged in its performance, and only to the extent required for the particular

portion of the work being done.

1.23.2 Contractor will not give any items concerning details of the work to the press or a

news dissemination agency without prior written approval from Purchaser.

Contractor shall not take any picture on site without specified written approval of

Purchaser representative.

1.24 Operation of Contract

1.24.1 Governing Laws &Jurisdiction: The terms and provisions of this Contract shall be

governed and interpreted in accordance with the laws of India in force and is

subjected to and referred to the court of law located at New Delhi which shall have

exclusive jurisdiction. Regardless of the place of contracting, place of performance

or otherwise, this agreement, and all amendments modifications, alterations, or

supplements, thereto shall be governed by the law of India and particularly the

State of Uttar Pradesh.

1.24.2 Non-waiver of Defaults-Any failure by Purchaser or Contractor at any time, or from

time to time, to enforce or require the strict keeping and performance of any of the

terms or conditions of this Agreement, or to exercise a right hereunder, shall not

constitute a waiver of such terms, conditions, or rights and shall not affect or impair

same, or the right of Purchaser or Contractor, as the case may be, at any time to

avail itself of same.

1.25 Contractor’s Remuneration

1.25.1 The price to be paid by Purchaser to contractor for the whole of the work to be done

and for the performance of all the obligations undertaken by the Contractor under

the contract documents, shall be ascertained by the application of the respective

schedule of rates (the inclusive nature of which is more particularly defined by way

of amplification but not of limitation, with the succeeding sub-clause of this clause)

and payment to be made according to the work actually executed and approved by

the Purchaser. The extent expressly provided herein constitutes the sole and

inclusive remuneration of the contractor under the contract and no further or other

payment whatsoever shall be or become due or payable to the contractor under the

contract.


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1.26 Schedule of Rates to be Inclusive

1.26.1 Schedule of Rates shall be deemed to include and cover all costs, expenses and

liabilities of every description and all risks of every kind to be taken in executing,

completing and handing over the work to Purchaser by the contractor. The

contractor shall be deemed to have known the nature, scope, magnitude and the

extent of the works and materials required, though the contract documents may not

fully and precisely furnish them. He shall make such provision in the Schedule of

Rates as he may consider necessary to cover the cost of such item of work and

materials as may be reasonable and necessary to complete the works. The opinion

of the Purchaser as to the items of work which are necessary and reasonable for

completion of work shall be final and binding on the contractor, although the same

may not be shown on or described specifically in contract documents.

1.26.2 Generality of this present provision shall not be deemed to cut down or limit in any

way because in certain cases it may and in other cases it may not be expressly

stated that the contractor shall do or perform a work or supply articles or perform

services at his own cost or without additional payment or without extra charges or

words to the same effect or that it may be stated or not stated that the same are

included in and covered by the Schedule of Rates.

1.27 Schedule of Rate to Cover Equipment, Materials, Labour Etc.

1.27.1 Without in any way limiting the provisions of the preceding sub-clause the Schedule

of Rates shall be deemed to include and cover the cost of all equipment, materials,

labour, insurance, fuel, stores and appliances to be supplied by the contractor and

all other matters in connection with each item in every respect maintained and as

shown or described in the contract documents or as may be ordered in writing

during the continuance of the contract.

1.28 Schedule of Rates to Cover Royalties, Rent & Claims

1.28.1 The Schedule of Rates shall be deemed to include and cover cost of all royalties

and fees for all articles, protected by letters, patent or otherwise incorporated or

used in connection with the works, also all royalties, rents and other payments in

connection with obtaining materials of whatsoever kind for the works and shall

include an indemnity of Purchaser which the contractor hereby gives against all

actions, proceedings, claims, damages, costs and expenses arising from the

incorporation or the use of the works of any such articles, processes or materials.

Octroi or other Municipal or local Board charge, if levied on materials to be brought

to site and removed from site for use on work or after completion of the work, shall

be borne by Contractor.


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1.29 Schedule of Rates to Cover Taxes & Duties

1.29.1 No exemption or reduction of customs duties, excise duties, sales tax, quay or any

part duties, transport carriages, stamp duties of Central or State Government or

other body including one company or dues, taxes or charges (from or of any other

body including the company), whatsoever will be granted or obtained all of which

expenses shall be deemed to be included in and covered by the Schedule of Rates.

The contractor shall also obtain and pay for all permits, or other privileges

necessary to complete work.

1.30 Schedule of Rates to Cover Risks of Delay

1.30.1 The Schedule of Rates shall be deemed to include and cover the risk of all

possibilities of delay and interference with the contractor‟s conduct of the works

which occur from any cause including orders of Purchaser in the exercise of his

powers and on account of extension of time granted due to various reasons and for

all other possible or probable causes of delay.

1.31 Schedule of Rates Cannot be Altered

1.31.1 For work under unit rate basis, no alteration will be allowed in the schedule of rates

by reason of works or any part of them being modified, altered, extended,

diminished or omitted. The schedule of rates are fully inclusive rates which have

been fixed by the contractor and agreed to by Purchaser and cannot be altered.

1.31.2 For lump sum contracts the payment will be made according to the work actually

carried out, for which purpose an item-wise or work-wise schedule of rates shall be

furnished, suitable for evaluating the value of work done and preparing running

account bills.


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2 Performance of Work

2.1 Execution of Works

2.1.1 All the works shall be executed in strict conformity with the provisions of the

contract documents and with such explanatory detailed drawings, specifications and

instructions as may be furnished from time to time to the Contractor by the

Purchaser whether mentioned in the contract or not. The Contractor shall be

responsible for ensuring that works through-out are executed in the most

substantial proper workman like manner with the quality of material and

workmanship in strict accordance with the specifications and to the entire

satisfaction of the Purchaser.

2.1.2 Wherever it is mentioned in the specifications that the Contractor shall perform

certain work or provide certain facilities/ materials, it is understood that the

Contractor shall do so at his cost.

2.2 Police Verification

2.2.1 The contractor shall ensure that only those personnel are deputed for the services

under the contract whose police verification has been done and nothing adverse

has been found.

2.3 Coordination and Inspection of Work

2.3.1 The Coordination and inspection of the day-to-day work under the contract shall be

the responsibility of the Contractor. However, the Purchaser or its authorized

representative shall have the authority to inspect the work as and when deemed fit

and give observations / instructions, if any, to the Contractor. In case of any

disagreement between the Contractor and the Purchaser on the performance level

of FMS / its personnel, the matter shall be discussed and resolved through

discussions. The written instructions regarding any particular job will normally be

passed by the Purchaser or his authorized representative. A work order book will be

maintained by the Contractor for each section in which the aforesaid written

instructions will be entered. These will be signed by the Contractor or his authorized

representative by way of acknowledgement within 12 hours. This shall be in

addition to instructions or orders issued in writing by the Purchaser.

2.4 Conditions for Issue of Materials

2.4.1 Materials specified as to be issued by Purchaser will be supplied to the Contractor

by Purchaser from its stores. It shall be the responsibility of the Contractor to take

delivery of the materials and arrange for its loading, transport, unloading and

unloading at the site of work at his own cost. The materials shall be issued between

the working hours and as per rules of Purchaser as framed from time to time.

2.4.2 The Contractor shall bear all incidental charges for the storage and safe custody of

materials at site after these have been issued to him.

2.4.3 Materials specified as to be issued by Purchaser shall be issued in standard sizes

as obtained from the manufactures.


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2.4.4 It shall be duty of the Contractor to inspect the materials supplied to him at the time

of taking delivery and satisfy himself that they are in good condition. After the

materials have been delivered by Purchaser, it shall be the responsibility of the

Contractor to keep them in good condition and if the materials are damaged or lost,

at any time, they shall be replaced by him at his own cost according to the

directions of the Purchaser.

2.4.5 Purchaser shall not be liable for delay in supply or non-supply of any material which

Purchaser has undertaken to supply where such failure or delay is due to natural

calamities, act of enemies, transport and procurement difficulties and any

circumstances beyond the control of Purchaser. In no case, the Contractor shall be

entitled to claim any compensation or loss suffered by him on this account.

2.4.6 It shall be the responsibility of the Contractor to arrange in time all materials

required for the works other than those to be supplied by Purchaser, if, in the

opinion of the Purchaser the execution of the work is likely to be delayed due to the

Contractor‟s inability to make arrangements for supply of materials which normally

he has to arrange for, the Purchaser shall have the right at his own discretion to

issue such materials if available with Purchaser or procure the materials from the

market or elsewhere and the Contractor will be bound to take such materials at the

rate decided by the Purchaser. This, however, does not in any way absolve the

Contractor of responsibility of making arrangements for the supply of such materials

in part, or in full should such a situation occur nor shall this constitute a reason for

the delay in the execution of the work.

2.4.7 The Contractor shall, furnish to the Purchaser sufficiently in advance a statement

showing his requirement of the quantities of the materials to be supplied by

Purchaser and the time when the same will be required by him for the works, so as

to enable the Purchaser to make necessary arrangements for procurement and

supply of the materials.

2.4.8 The Contractor shall, if desired by the Purchaser, be required to execute an

indemnity bond in the prescribed form, for safe custody and accounting of all

materials issued by Purchaser.

2.4.9 A day-to-day account of the materials issued by Purchaser shall be maintained by

the Contractor indicating the daily receipt, consumption and balance in hand. This

account shall be maintained in a manner prescribed by the Purchaser along with all

connected papers viz. requisitions, issues, etc. and shall be always available for

inspection in the Contractor‟s office at site.

2.4.10 The Contractor should see that only the required quantities of materials are got

issued. The Contractor shall not be entitled to cartage and incidental charges for

returning the surplus materials, if any to the stores where from they were issued or

to place as directed by the Purchaser.


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2.4.11 Notwithstanding anything contained to the contrary in any or all the clauses of this

contract, where any materials for the execution of the contract are procured with the

assistance of Purchaser either by issue from store or purchases made under

orders, or permits or licenses issued by Government, the Contractor shall hold the

said materials as trustee for Purchaser and use such materials economically and

solely for the purpose of the contract and not dispose them of without the

permission of Purchaser and return, if required by the Purchaser, all surplus or

unserviceable materials that may be left with him after the completion of the

contract or its termination for any reason whatsoever on his being paid or credited

such price as the Purchaser shall determine having due regard to the condition of

the materials. The price allowed to the Contractor however, shall not exceed the

amount charged to him excluding the storage charges, if any. The decision of the

Purchaser shall be final and conclusive in such matters. In the event of breach of

the aforesaid condition, the Contractor shall in terms of the licenses, or permits and/

or for the criminal breach of trust, be liable to compensate Purchaser at double the

rate or any higher rate, in the event of those materials at that time having higher

rate or not being available in the market, then any other rate to be determined by

the Purchaser and his decision shall be final and conclusive.

2.5 Articles of Value Found

2.5.1 All gold, silver and other minerals of any description and all precious stones, coins,

treasure, relics, antiquities and other similar things which shall be found in, under or

upon the site shall be the property of Purchaser and the Contractor shall only

preserve the same to the satisfaction of the Purchaser and shall from time to time

deliver the same to such person or persons indicated by the Purchaser.

2.6 Discrepancies between Instructions

2.6.1 Should any discrepancy occur between the various instructions furnished to the

Contractor, his agents or staff or any doubt arise as to the meaning of any such

instructions or should there be any misunderstanding between the Contractor‟s staff

and the Purchaser‟s staff, the Contractor shall refer the matter immediately in

writing to the Purchaser whose decision thereon shall be final and conclusive and

no claim for losses alleged to have been caused by such discrepancies between

instructions, doubts, or misunderstanding shall in any event be admissible.


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2.7 Action & Compensation in Case of Bad Work

2.7.1 If it shall appear to the Purchaser that any work has been executed with unsound,

imperfect or unskilled workmanship, or with materials of any inferior description, or

that any materials or articles provided by the Contractor for the execution of the

work are unsound, or of a quality inferior to the contracted for, or otherwise not in

accordance with the contract, the Contractor shall on demand in writing from the

Purchaser or his authorized representative specifying the work, materials or articles

complained of, notwithstanding that the same may have been inadvertently passed,

certified and paid for, forthwith rectify or remove and reconstruct the work so

specified and provide other proper and suitable materials or articles at his own

charge and cost, and in the event of failure to do so within a period to be specified

by the Purchaser in his demand aforesaid, the Contractor shall be liable to pay

compensation at the rate of half per cent of the estimated cost of the whole work for

the value of the whole work, while his failure to do so shall continue and in the case

of any such failure the Purchaser may on expiry of notice period rectify or remove,

and re-execute the work or remove and replace with others, the materials or articles

complained of as the case may be at the risk and expense in all respect of the

Contractor. The decision of the Purchaser as to any question arising under this

clause shall be final and conclusive.

2.8 Suspension of Works

2.8.1 Subject to the provisions of sub-para 2.7.2 of this clause, the Contractor shall if

ordered in writing by the Purchaser, or his representative, temporarily suspend

the works or any part thereof for such period and such time as so

ordered and shall not after receiving such written orders, proceed with the

work therein ordered to be suspended until he shall have received a

written order to proceed therewith. The Contractor shall not be entitled to claim

compensation for any loss or damage sustained by him by reason of this

temporary suspension of the works aforesaid. An extension of time for completion,

corresponding with the delay caused by any such suspension of the works as

aforesaid will be granted to the Contractor should he apply for the same provided

that the suspension was not consequent to any default or failure on the part of the

Contractor.

2.8.2 In case of suspension of entire work, ordered in writing by the Purchaser, for a

period of more than two months, the Contractor shall have the option to terminate

the contract.


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3 Certificates and Payments

3.1 Mobilisation Advance

3.1.1 No mobilization advance shall be paid for the subject work.

3.2 Procedure for billing of work in progress

3.2.1 Purchaser may increase or decrease the manpower as per office requirement and

payment will be made on the actual manpower utilized on agreed rates, terms &

condition of the contract.

3.2.2 The Contractor will submit a bill in approved Performa in Duplicate to the Purchaser

of the work giving abstract and detailed measurement for the various items

executed during a month, before the expiry of the 1st week of the succeeding

month.

3.2.3 The Contractor shall submit to the Purchaser the details of amount deposited on

account of EPF and ESI in respect of deployed personnel to the concerned

authorities from time to time.

3.2.4 The contractor shall submit an undertaking with each bill mentioning therein that

minimum wages as per the relevant applicable laws has been paid to each

personnel.

3.2.5 The contractor shall produce to the Purchaser, the details of payment of statutory

benefits like bonus, leave, relief etc. to the deployed personnel from time to time.

3.3 Lump-Sums in Tender

3.3.1 Lumpsum payment i.e. Management Fees and other Costs will be paid pro rata

every month (dividing the yearly amount by 12) after deducting the penalty, if any.

3.4 Payments of Running Account to be regarded as Advances

3.4.1 All running account payments shall be regarded as payment by way of

advance against the final payment only and not as payments for work actually

done and completed, and shall not preclude the requiring of bad, unsound

and imperfect or unskilled work to be removed and taken away and

reconstructed or re-executed or be considered as an admission of the due

performance of the contract, or any part thereof, in this respect, or of the

accruing of any claim by the Contractor, nor shall it conclude, determine or

affect in any way the powers of the Purchaser under these conditions or any

of them as to the final settlement and adjustment of the accounts or

otherwise, or in any other way vary or affect the contract. The final bill shall

be submitted by the Contractor within one month of the date fixed for

completion of the work. Otherwise, the Purchaser’s certificate of the

measurement and of the total amount payable for the work accordingly shall

be final and binding on all parties.


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3.5 Notice of Claims for Additional Payment

3.5.1 Should the Contractor, consider that he is entitled to any extra-payment or

compensation or to make any claims whatsoever in respect of the works he shall

forthwith give notice in writing to the Purchaser that he claims extra payment and/

or compensation. Such notice shall be given to the Purchaser within ten days, from

the ordering of any work or happening of any event upon which the Contractor

basis such claims. Notice shall contain full particulars of the nature of such claims

with full details and amount claimed. Failure on the part of the Contractor to put

forward any claim with the necessary particulars as above within the time above

specified shall be an absolute waiver thereof. No omission by the Purchaser to

reject any such claim and no delay in dealing therewith shall be a waiver by the

Purchaser of any rights in respect thereof.

3.6 Payment of Contractor’s Bill

3.6.1 The monthly bills/invoices along with all supporting document in duplicate shall be

submitted to Purchaser for payment. Purchaser will make efforts to make payment

to the Contractor within 60 (Sixty) days of receipt of all necessary supporting

documents

3.6.2 All payments to and recoveries from the Contractor shall be rounded off to the

nearest rupee. Wherever the amount to be paid/recovered consists of a fraction of a

rupee (paise), the amount shall be rounded off to the next higher rupee if the

fraction consists of 50 (fifty) paise or more and if the fraction of a rupee is less than

50 (fifty) paise, the same shall be ignored.

3.6.3 Payment due to the Contractor shall be made by the Purchaser, by Crossed

„Account Payee‟ cheque or direct ban transfer, if applicable in Directorate.

3.6.4 All payments shall be made in Indian currency.

3.7 Receipt for Payment

3.7.1 Receipts for payment made on account of work when executed by a firm, must be

signed by a person holding due power of attorney in this respect on behalf of the

Contractor, except when the Contractor is described in his tender as a limited

company in which case the receipts must be signed in the name of the company by

one of its Principal Officers or by some other persons having authority to give

effectual receipt for the company.

3.8 Penalty in case of deficiency in services

3.8.1 A penalty of INR 10000 (Ten Thousand only) for each instance of deficiency in

services will be imposed on the vendor by the purchaser. The list of deficiencies is

as under:

(i) Failure to maintain attendance of personnel on a daily basis

(ii) Failure to maintain operational MIS on a daily basis

(iii) Failure to resolve service complaints within a reasonable time


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(iv) Failure to maintain environment, health and safety standards

(v) Non-adherence to the service specifications and other terms specified in

the contract

3.8.2 In levy of penalty, the decision of the purchaser shall be final.

3.8.3 The penalty shall not exceed 10% of the total monthly payment.

3.9 Performance/Completion Certificate

3.9.1 Application for Performance/Completion Certificate: When the Contractor fulfils his

obligation under the Contract he shall be eligible to apply for

performance/completion certificate.

3.9.2 Purchaser shall issue to the Contractor the performance/completion certificate

within one month after receiving an application in writing from Contractor after

verifying from the completion documents and satisfying himself that the

work/service has been completed in accordance with the contract documents.

3.10 Unconditional No Claim Certificate

3.10.1 Unconditional no claim certificate shall be furnished by the Contractor along with

final bill with the intent that the final bill prepared by the Contractor shall reflect any

and all claims whatsoever of the Contractor against the Purchaser arising out of or

in contract or work performed by the Contractor.


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4 Taxes and Insurance

4.1 Taxes, Duties, Octroi, etc.

4.1.1 The quoted prices shall be deemed to be inclusive of all taxes, duties, cess etc.

such as excise duty, sales tax, custom duty, Value Added Tax, VAT on works

contract/ works contract tax, octroi, entry tax etc except service tax. Applicable

service tax shall be paid in first running bill & subsequent running bills shall be

entertained only after producing proof of payment of service tax to the concerned

authority for previous month already paid to the Contractor. The Income tax at the

prevailing rate will be deducted from Contractor‟s bills as per Income Tax Act.

4.1.2 Notwithstanding the foregoing, Purchaser shall not bear any liability in respect of:

(i) Personal taxes on the personnel deployed by the Contractor, his Sub-

Contractor and Agent, etc.

(ii) The Corporate Taxes, any other taxes on income in respect of Contractor

and his Sub-Contractor and other Agents, Indian or foreign based.

(iii) Any other taxes/ duties/ levies.

(iv) If the service tax is replaced by GST or given other name, the same

treatment shall be given to that tax as is proposed for Service Tax.

4.2 Payment Of Taxes

4.2.1 The Contractor shall be fully and exclusively responsible for the payment (and liable

for all consequences in the event of default) of any and all taxes, duties, cess,

levies, VAT, service tax, works contract tax etc now or hereafter imposed, increased

or modified from time to time in respect of the above job and all contributions and

taxes for un-employment compensation, insurance and old age pensions and

amenities now or hereafter imposed by any law of the Government/local bodies

which are imposed with respect to or covered by the wages, salaries or other

compensation paid to the persons employed by the Contractor. Purchaser shall

have no liability whatsoever concerning the employees/labourers of the Contractor.

The Contractor shall keep Purchaser indemnified against all losses or damage or

liability arising out of or imposed in the case of employees.

4.2.2 The Contractor agrees to and does hereby accept full and exclusive liability for the

payment of any and all taxes, duties, octroi, royalties etc. now or hereafter imposed,

increased, or modified, and all sales tax duties, octroi, royalties etc. now in force

and thereafter increased, imposed or modified from time to time in respect of works

and materials and all contribution and taxes for unemployment compensation,

insurance and old age pensions or annuities now or hereafter imposed by any

Central or State Governmental authority or other local authorities which are

imposed with respect to or covered by the wages, salaries, or other compensations

paid to by the persons employed by the Contractor or by his sub-Contractor and


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the Contractor shall be responsible for the compliance with all obligations and

restrictions imposed by the Labour Law or any other applicable law and the

Contractor further agrees to comply, and to secure the compliance of all sub-

Contractors, with all applicable Central, States, Municipal and local laws and

regulations and requirements of any Central, State or Local Governmental or

other agency or authority. Contractor further agrees to defend, indemnify and

hold harmless from any liability or penalty which may be imposed by the

Central, State or local authorities by reason of any violation by Contractor or

sub-Contractor of such laws, regulations or requirements and also from all

claims, suits or proceedings that may be brought against Purchaser arising

under growing out of, or by reason of the work provided for by this contract,

whether brought by employees of the sub-Contractor by third parties, or by

Central or State Government authority of any administrative sub-division

thereof, or other local authorities.

4.3 Insurance

4.3.1 The Contractor shall at his own cost and initiative take out and maintain at all times

until the expiry / termination of the Contract, insurance policies in respect of

workmen engaged by him for providing services under this Contract, in order to

keep himself as well Purchaser fully indemnified from and against all claims

whatsoever including but not limited to those arising out of the provisions contained

in Workmen's Compensation Act, 1923. Should the Contractor fail to take

insurance as provided for in the foregoing paragraph, Purchaser shall be entitled

(but without any obligation to do so) to take such insurance at the cost and expense

of the Contractor and without prejudice to any other rights or remedies of Purchaser

in this behalf, to deduct the sum(s) incurred thereof from any amounts due to the

Contractor.

4.3.2 Contractor shall at his own expenses carry and maintain insurance with reputable

insurance companies to the satisfaction of Purchaser as follows:

(i) Employees State Insurance Act

The Contractor agrees to and does hereby accept full and exclusive

liability for the compliance with obligations imposed by the Employees

State Insurance Act, 1948, as amended from time to time and the

Contractor further agrees to defend, indemnify and hold Purchaser

harmless from any liability or penalty which may be imposed by Central,

State or local authority by reason of any asserted violation by Contractor or

sub-Contractor of the Employees‟ State Insurance Act. 1948, and its

amendments and also from all claims, suits or proceedings that may be

brought of by reason of the work provided for by this contract whether

brought by employees of the Contractor, the sub-Contractor or his

employees by third parties or by Central or State Govt. authority or any

administrative sub-division thereof, or other local authorities.


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The Contractor agrees to fill in with Employees‟ State Insurance

Corporation, the Declaration Forms and all forms which may be required in

respect of the Contractor‟s or sub-Contractor‟s employees. Who are

employed in the work provided for or those covered by ESI from time to

time under the Agreement. The Contractor shall deduct and secure the

agreement of the sub-Contractor to deduct the employees‟ contribution as

per the first Schedule of the Employee‟s State Insurance Act from wages

and affix the Employee‟s Contribution card at wages payment intervals.

The Contractor shall remit and secure the agreement of the sub-Contractor

to remit to the State Bank of India, Employee‟s State Insurance Corpn.

Accounts, the employer‟s contribution as required by the Act, the term

employer being understood as the Contractor.

The Contractor agrees to maintain all cards and records as required under

the Act in respect of employees and payments and the Contractor shall

secure the agreement of the sub-Contractor to maintain such records. Any

expenses, incurred for making contributions or maintaining records

whether by Contractor or his sub-Contractor shall be to the Contractor‟s

account.

Purchaser shall retain such sum as may be necessary from the total

contract value until the Contractor shall furnish satisfactory proof that all

contributions as required by the Employees State Insurance Act, 1948,

and its amendments from time to time have been paid.

(ii) Workman‟s Compensation & Employer‟s Liability Insurance

Insurance shall be effected for all the Contractor‟s employees engaged in

the performance of this contract. If any of the work is sublet, the Contractor

shall require the sub-Contractor to provide Workman‟s Compensation and

employer‟s responsibility insurance for the latter‟s employees if such

employees are not covered under the Contractor‟s Insurance.

(iii) Any other Insurance required under Law or Regulations or by Purchaser.

Contractor shall also carry and maintain any and all other insurance which

he may be required under any law or regulations from time to time. He

shall also carry and maintain any other insurance which may be required

by Purchaser.


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5 Labour Laws & Safety Regulations

5.1 Labour Laws

5.1.1 No staff below the age of 18 (eighteen) years shall be employed on the work.

5.1.2 The Contractor shall not pay less than what is provided under law to labourers

engaged by him or his sub-Contractors on this work, for work done other than on

item rates basis.

5.1.3 The Contractor shall at his expenses comply with all labour laws and keep the

Purchaser indemnified in respect thereof.

5.1.4 The Contractor shall exclusively be liable for non-compliance of the provision of any

Acts, laws, rules and regulations having bearing over engagement of labour /

workers(s), directly or indirectly for subject work under this Contract.

5.2 Contractor to Indemnify Purchaser

5.2.1 Purchaser shall not be liable for any demand or compensation in consequence of

any accident or injury to any workmen or other person in the employment of the

Contractor or his sub-Contractor and Contractor shall indemnify and keep

indemnified Purchaser against all such damage and compensation and against all

claims, damage, proceedings, costs, charges and expenses whatsoever in respect

thereof or in relation thereto.

5.2.2 The Contractor shall indemnify Purchaser and every member, officer and employee

of Purchaser against any claim, demand, cost and expense whatsoever arising out

of any failure by the Contractor or any of its employees or sub-contractors or any of

their employees in the performance of the obligations under any law including

labour laws, etc. and under the contractual obligations.

5.2.3 The Contractor hereby undertakes to indemnify Purchaser against all actions, suits,

proceedings, claims, losses, damages etc., which may arise under Minimum Wages

Act, Fatal Accident Act, Workmen Compensation Act, Shops & Establishment Act,

Family pension & Deposit Linked Insurance scheme or any other Act or statutes not

herein specifically mentioned but having any direct or indirect application for the

person(s) engaged under this contract by him.

5.2.4 The Contractor shall defend, indemnify and hold Purchaser harmless from any

liability, which may be imposed by the Central, State or local authorities and also

from all claims, suits arising out of or by reason of the work provided by this contract

including any liability that may arise out of accident, whether brought by the

employees/labourers of the Contractor or by the third parties or by the Central or

State Government authority or any sub-division thereof.

5.2.5 Purchaser shall not be responsible for any claim/compensation that may arise due

to damages/injuries/pilferage to the Contractor's employee(s)/ staff/labourers under

any circumstances while an employee(s) /labourer is engaged in the Purchaser's/

Purchaser‟s duty under the contract.


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5.3 Payment of Claims & Damages

5.3.1 Should Purchaser have to pay any money in respect of such claims or demands as

aforesaid the amount so paid and the costs incurred by Purchaser shall be charged

and paid by the Contractor and the Contractor shall not be at liberty to dispute or

question the right of Purchaser to make such payments, notwithstanding same may

have been made without his consent or authority or in law or otherwise to the

contrary.

5.3.2 In every case in which by virtue of the provision of section 12, sub-section (1) of

workmen‟s compensation Act 1923 or other applicable provision of Workman‟s

Compensation Act of any other Act, Purchaser is obliged to pay compensation to

workman employed by the Contractor in execution of the Works, Purchaser will

recover from the Contractor the amount of the compensation so paid; and without

prejudice to the rights under section 12, sub-section (2) of the said Act, Purchaser

shall be at liberty to recover such amount or any thereof by deducting it from the

security deposit or from any sum due to the Contractor whether under this contract

or otherwise. Purchaser shall not be bound to contest any claim made under

section 12, sub-section (1) of the said Act, except on the written request of the

Contractor and upon his giving to Purchaser full security for all costs for which might

become liable in consequence of contesting such claim.

5.4 Employment Liability

5.4.1 The Contractor shall be solely and exclusively responsible for engaging or

employing persons for the execution of work. All employees engaged by the

Contractor shall be on his/their pay-roll and paid by him/them. All disputes or

differences between the Contractor and his/their employees shall be settled by

him/them. Purchaser has absolutely no liability whatsoever concerning the

employees of the Contractor. The Contractor shall indemnify the Purchaser against

all loss or damage or liability arising out of or in the course of his/their employing

persons or relations with his/their employees. The Contractor shall make regular

and full payment of wages and salaries to his employees and furnish necessary

proof whenever required by the Purchaser. In case of any complaint by any

employee of the Contractor or his sub-Contractor regarding non-payment of wages,

salaries or other dues, Purchaser reserves the right to make such payments directly

to such employee or sub-Contractor of the Contractor and recover the amount in full

from the bills of the Contractor, and the Contractor shall not claim any

compensation or re-imbursement thereof. The Contractor shall comply with the

Minimum wages Act applicable to the area (U.P. State law) with regard to payment

of wages of his employees and also of employees of his sub-Contractor.

5.4.2 The contractor shall deal with and settle all labour dispute related matters without

involving the Purchaser.

5.4.3 Employees of the contractor shall have no claim ever for any employment under the

purchaser resulting from or relating to services under the present contract.


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5.4.4 The Contractor shall advise in writing to all his employees and the employees of his

sub-Contractor as follows: “It is to be fully understood that your appointment is only

in connection with our facility management contract with Purchaser and that it does

not give you any right or claim for employment with Purchaser”.

5.5 Safety Regulations

5.5.1 In respect of all staff, directly or indirectly employed in the work for the performance

of Contractor‟s part of this agreement, the Contractor shall at his own expense

arrange for all the safety provisions as per safety codes of CPWD, Indian Standards

Institution, the Electricity Act, and such other Acts as applicable.

5.5.2 The Contractor shall observe and abide by all fire and safety regulations.

5.5.3 The Contractor‟s staff shall abide by the existing security and safety rules/

regulations/ precautions as per instruction issued to them from time to time by

Purchaser. The Contractor and its staff may also be required to pledge secrecy

and non-divulgence of the nature of the work of Purchaser that may prejudice the

interests of Purchaser. Contractor shall also ensure to engage persons by him

whose character and antecedents have been got verified by him and furnish a

certificate, in a form and manner prescribed by Purchaser.

The Contractor undertakes to ensure due and complete compliance with all laws,

regulation, rules etc. whether of the Central Government or the State Government

or of any other competent authority applicable to the workmen employed or whose

services are others wise availed of by the Contractor whether in connection with the

construction work at the site or otherwise. The Purchaser shall have the right to

inspect the records maintained by the Contractor concerning such workmen from

time to time and the Contractor shall whenever required by the Purchaser produce

such records as the Purchaser may call upon the Contractor to produce for the

Purchaser inspection in order to ascertain whether or not the requirements of all

such laws, regulations, rules etc. have been complied with by the Contractor. In the

event of any contravention of such laws, regulations, rules etc. coming to light

whether as a result of such inspection or to otherwise the Purchaser shall have the

right to require the Contractor to effect such compliance within such time as the

Purchaser prescribe in that behalf and in the event of the Contractor failing to effect

such compliance within the time prescribed by the Purchaser then the Purchaser

shall without prejudice to his other rights be entitled to withhold from the amount

payable to the Contractor any amount payable to the workmen under any such

laws, regulations or rules and to make payment thereof to the workmen. The

Purchaser shall also have in that event the right to terminate the contract with

immediate effect and to exercise powers reserved to the Purchaser under the

contract as a result of termination.


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6 Arbitration

6.1 Settlement of Disputes by Arbitration

6.1.1 All disputes or differences whatsoever which may arise at any time during execution

of the Contract shall be mutually settled by Purchaser and Contractor as per

provision of the Contract. However, in the event such disputes cannot be settled

mutually, such disputes shall be settled as per the Arbitration and Reconciliation

Act, 1996 of the Govt. of India and it's subsequent amendments. In case of disputes

with the Central PSUs, they shall be settled as per the Guidelines of the Govt. of

India.

6.1.2 However, during the period such disputes are settled either by mutual discussions

between the parties or by legal means, Contractor shall continue to do the work as

per terms & conditions of Contract.

6.2 Settlement of Disputes by Arbitration other than mentioned in

6.2.8 below

6.2.1 Except where otherwise provided in the CONTRACT any question, dispute or

difference that shall arise between Purchaser on the one hand and the Contractor

on the other hand as to the facility management services, intent, meaning or effect

of the CONTRACT DOCUMENTS, estimates or any one of them or as to the

application of the SCHEDULE OF RATES, to the measurements taken or as to the

materials or the quality thereof or as to execute the same whether arising during the

progress of WORK, or within six (6) months of completion or abandonment thereof

or as to any matter or thing, whether of the nature aforesaid or otherwise, however,

arising out of or in any way relating to or connected with the CONTRACT then

EVERY SUCH QUESTION, DISPUTE OR DIFFERENCE (except where otherwise

herein expressly provided) shall be referred to a SOLE ARBITRATOR to be

appointed by the parties by mutual consent within one (1) month from the date of

notice of either party requiring an arbitrator to be appointed for resolving such

disputes. In the event of the parties being unable to agree to a sole arbitrator within

the specified time, the sole arbitrator shall be appointed by the Purchaser within one

(1) month from the date of request made to him in this behalf by either party. Such

submission shall be deemed to be a submission to arbitration within the meaning of

the INDIAN ARBITRATION ACT 1940 or any statutory notification thereof. The

AWARD of the sole Arbitrator shall be final and binding upon the parties.

6.2.2 These arbitration agreements between the parties clearly stipulate that the SOLE

ARBITRATOR shall be required to give a SPEAKING AWARD.

6.2.3 Meanwhile in order to ensure the WORK being proceeded with continuity, the

Contractor shall (in the case of any such question, dispute of difference) act upon

and effect to the order of the Purchaser and no payment due or payable by the

Purchaser to the Contractor or vice versa shall be withheld on account of such

arbitration unless such payments are the direct subject of such arbitration

proceedings.


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6.2.4 Upon every such reference the costs incidental to the reference and award shall in

first instance be incurred by respective parties and the arbitrator at his discretion

may determine the amount thereof and direct as to by whom and to whom and in

what manner the same shall be finally borne & paid.

6.2.5 The arbitration proceedings shall be held at the place of the registered office of the

Purchaser only and the courts of the same place will have jurisdiction in the matter.

It is also a term of CONTRACT that the party invoking ARBITRATION shall specify

the dispute or disputes to be referred to ARBITRATION under this clause together

with the amount or amounts claimed in respect of each such dispute.

6.2.6 It is also a term of the CONTRACT that if the Contractor does not make any

demand for ARBITRATION within six (6) months of intimation from the Purchaser

that the FINAL BILL is ready for payment, the claims of the Contractor will be

deemed to have been waived and absolutely barred and the Purchaser shall be

discharged & released of all the liabilities under the CONTRACT.

6.2.7 The decision of the Purchaser regarding the quantum or reduction as well

justification thereof in respect of rates for substandard work which may be decided

to be accepted will be final and would not be open to arbitration.

6.2.8 In the event of any dispute or difference relating to the interpretation and application

of the provisions of the CONTRACT, such disputes or differences shall be referred

by either party to the Arbitration of one or the Arbitrators in the Department of Public

Enterprises to be nominated by the Secretary to the Government of India in charge

of the Bureau of Public Enterprises. The Arbitration Act, 1940 shall not be

applicable to the arbitration under this clause. The award of the Arbitrator shall be

binding upon the parties to the dispute, provided, however, any party aggrieved by

such award may make a further reference for setting aside or revision of the award

to the Law Secretary, Department of Legal Affairs, Ministry of Law and Justice,

Government of India. Upon such reference the dispute shall be decided by the Law

Secretary or the Special Secretary/ Additional Secretary when so authorized by the

Law Secretary, whose decision shall bind the parties finally and conclusively. The

parties to the dispute will share equally the cost of arbitrations intimated by the

Arbitrator.


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7 Safety Code – General

7.1 General

7.1.1 Contractor shall adhere to safe work practice and guard against hazardous and

unsafe working conditions and shall comply with safety rules as set forth herein.

7.2 First Aid & Industrial Injuries

7.2.1 Contractor shall maintain First-Aid facilities for his employees and those of his sub-

Contractors.

7.2.2 Contractor shall make outside arrangements for ambulance service and for the

treatment of industrial injuries. Names of those providing these services shall be

furnished to Purchaser prior to start of work, and their telephone numbers shall be

prominently posted in Contractor‟s office.

7.2.3 All critical industrial injuries shall be reported promptly to the Purchaser as also a

copy of Contractor‟s report covering each personal injury requiring the attention of a

Physician shall be furnished.

7.3 General Rules

7.3.1 No person shall carry any photographic films, inflammable material within the

building premises.

7.4 Demolition

7.4.1 Before any demolition work is commenced and also during the process of the work.

7.4.2 All roads and open areas adjacent to the work site shall either be closed or suitably

protected.

7.4.3 No Electric cable or apparatus which is liable to be a source of danger shall remain

electrically charged.

7.4.4 All practical steps shall be taken to prevent danger to persons employed from risk of

fire or explosion or flooding. No floor, roof or other part of the building shall be so

over loaded with debris or materials as to render it unsafe.

7.5 Safety Equipment

7.5.1 All necessary personal safety equipment as considered adequate by the Purchaser,

should be kept available for the use of the persons employed on the site and

maintained in a condition suitable for immediate use, and the Contractor should

take adequate steps to ensure proper used of equipment by those concerned.

7.5.2 Workers employed on mixing asphaltic materials, cement and lime mortars shall be

provided with protective footwear and protective gloves.

7.5.3 Those engaged in white washing and mixing or stacking of cement bags or any

materials which are injurious to the eyes shall be provided with protective goggles.


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7.5.4 Those engaged in welding and cutting works shall be provided with protective face

and eye-shields, hand gloves etc.

7.5.5 Stone breakers shall be provided with protective goggles and protective clothing

and seated at sufficiently safe intervals.

7.5.6 When workers are employed in sewers and manholes, which are in use, the

Contractor shall ensure that the manholes covers are opened and are ventilated at

least for an hour before the workers are allowed to get into the manholes, and the

manholes so opened shall be cordoned off with suitable railing and provided with

warning signals or boards to prevent accident to the public.

7.5.7 The Contractor shall not employ men below the age of 18 years and women on the

work of painting with products containing lead in any form. Wherever men above

the age of 18 years are employed on the work of lead painting, the following

precautions should be taken:

(i) No paint containing lead or lead product shall be used except in the form of

paste of readymade paint.

(ii) Suitable face masks should be supplied for use by the workers when paint

is applied in the form of spray or a suitable surface having lead paint dry

rubbed and scrapped.

(iii) Overall shall be supplied by the Contractor to the workmen and adequate

facilities shall be provided to enable the working painters to wash during

and or cessation of work.

7.6 Risky Places

7.6.1 When the work is done near any place where there is a risk of drawing, all

necessary safety equipment should be provided and kept ready for use and all

necessary steps taken for prompt rescue of any person in danger and adequate

provision should be made for prompt first-aid treatment of all injuries likely to be

sustained during the course of the work.

7.7 Hoisting Equipment

7.7.1 Use of hoisting machine and tackle including their attachments, anchorage and

supports shall conform to the following standard conditions:

(i) These shall be of good mechanical construction, sound materials and

adequate strength and free from patent defect and shall be kept in good

repair and in good working order.

(ii) Every rope used in hoisting or lowering materials or as a means of

suspension shall be of durable quality and adequate strength and free from

patent defects.

7.7.2 Every crane driver or hoisting appliance operator shall be properly qualified and no

person under the age of 21 years should be in charge of any hoisting machine

including any scaffolding winch or give signals to the Operator.


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7.7.3 In case of every hoisting machine and of every chain ring hook, shackle, swivel and

pulley block used in hoisting or lowering or as means of suspension, the safe

working load shall be ascertained by adequate means. Every hoisting machine and

all gear referred to above shall be plainly marked with the safe working load and the

conditions under which it is applicable shall be clearly indicated. No part of any

machine or any gear referred to above in this paragraph shall be loaded beyond the

safe working load except for the purpose of testing.

7.8 Electrical Equipment

7.8.1 Motors, Gearing, Transmission, Electric Wiring and other dangerous parts of

hoisting appliance should be provided with efficient safe-guards. Hoisting

appliances should be provided with such means as will reduce to the minimum risk

of accidental descent of the load. Adequate precaution should be taken to reduce to

the minimum the risk of any part of a suspended load becoming accidentally

displaced. When workers are employed on electrical installations which are already

energized, insulating mats wearing apparels, such as gloves, sleeves and boots

and insulated tools as may be necessary should be provided. The workers shall not

wear any rings, watches and carry keys or other materials which are good

conductors of electricity.

7.9 Maintenance of Safety Devices

7.9.1 All ladders and other safety devices mentioned or described herein shall be

maintained in safe conditions and no ladder or equipment shall be altered or

removed while it is in use. Adequate washing facilities should be provided at or near

places of work.

7.10 Display of Safety Instructions

7.10.1 The safety provisions should be brought to the notice of all concerned by display on

a notice board at a prominent place at the works spot. The person responsible for

compliance of the safety code shall be named therein by the Contractor.

7.11 Enforcement of Safety Regulations

7.11.1 To ensure effective enforcement of the Rules and Regulations relating to Safety

Precautions, the arrangements made by the Contractor shall be open to inspection

by Purchaser.

7.12 No Exemption

7.12.1 Notwithstanding the above clauses from 7.1 to 7.11 there is nothing in these to

exempt the Contractor from the operations of any other Act or Rules in force in the

Republic of India.

7.12.2 In addition to the above, the Contractor shall abide by the Safety Code provisions

as per C.P.W.D. and Indian Standard Safety code framed from time to time.


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Section 6 – Integrity Pact


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1 General

This Agreement (hereinafter called the Integrity Pact) is made on _____ day of the

month of _____ 20___, between, on one hand, the President of India acting through

Additional Director General of Income Tax (Systems) – II, Directorate of Income

Tax(Systems), Central Board of Direct Taxes, Department of Revenue, Ministry of

Finance , Government of India (hereinafter called the “BUYER”, which expression

shall mean and include, unless the context otherwise requires, his successors in

office and assigns) of the First Part and M/s ________________________

represented by _____________________________________,Authorized Signatory

(hereinafter called the “BIDDER/Seller”, which expression shall mean and include,

unless the context otherwise requires, his successors and permitted assigns) of the

Second Part.

WHEREAS the BUYER proposes to engage the Service Provider (SP) for

implementation of Facility Management Service and the BIDDER is willing to

offer/has offered the services and

WHEREAS the BIDDER is a private company/public company/Government

undertaking/partnership/registered export agency, constituted in accordance with the

relevant law in the matter and the BUYER is a Ministry/Department of the

Government of India performing its functions on behalf of the President of India.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free

from any influence/prejudiced dealings prior to, during and subsequent to the

currency of the contract to be entered into with a view to:-

Enabling the BUYER to obtain the desired services at a competitive price in

conformity with the defined specification by avoiding the high cost and the

distortionary impact of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in

order to secure the contract by providing assurance to them that their competitors will

also abstain from bribing and other corrupt practices and the BUYER will commit to

prevent corruption, in any form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

1.1 Commitments of the BUYER

1.1.1 The BUYER undertakes that no official of the BUYER, connected directly or

indirectly with the contract, will demand, take a promise for or accept, directly or

through intermediaries, any bribe, consideration, gift, reward, favour or any material

or immaterial benefit or any other advantage from the BIDDER, either for

themselves or for any person, organisation or third party related to the contract in

exchange for an advantage in the bidding process, bid evaluation, contracting or

implementation process related to the contract.


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1.1.2 The BUYER will, during the pre-contract stage, treat all the BIDDERs alike, and will

provide to all BIDDERs the same information and will not provide any such

information to any particular BIDDER which could afford an advantage to that

particular BIDDER in comparison to other BIDDERs.

1.1.3 All the officials of the BUYER will report to the appropriate Government office any

attempted or completed breaches of the above commitments as well as any

substantial suspicion of such a breach.

1.1.4 In case any such preceding misconduct on the part of such official(s) is reported by

the BIDDER to the BUYER with full and verifiable facts and the same is prima facie

found to be correct by the BUYER, necessary disciplinary proceedings, or any other

action as deemed fit, including criminal proceedings may be initiated by the BUYER

and such a person shall be debarred from further dealings related to the contract

process. In such a case while an enquiry is being conducted by the BUYER the

proceedings under the contract would not be stalled.

1.2 Commitments of the BIDDERs

1.2.1 The BIDDER commits itself to take all the measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of its bid or during any

pre-contract or post-contract stage in order to secure the contract or in furtherance

to secure it and in particular commit itself to the following:-

(i) The BIDDER will not offer, directly or through intermediaries, any bribe,

gift, consideration, reward, favour or any material or immaterial benefit or

other advantage, commission, fees, brokerage or inducement to any

official of the BUYER, connected directly or indirectly with the bidding

process, or to any person, organisation or third party related to the contract

in exchange for any advantage in the bidding, evaluation, contracting and

implementation of the contract.

(ii) The BIDDER further undertakes that it has not given, offered or promised

to give, directly or indirectly any bribe, gift, consideration, reward, favour,

any material or immaterial benefit or other advantage, commission, fees,

brokerage or inducement to any official of the BUYER or otherwise in

procuring the Contract or forbearing to do or having done any act in

relation to the obtaining or execution of the contract or any other contract

with the Government for showing or forbearing to show favour or disfavour

to any person in relation to the contract or any other contract with the

Government.

(iii) BIDDER shall disclose the payments to be made by them to

agents/brokers or any other intermediary, in connection with this

bid/contract.


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(iv) The BIDDER further confirms and declares to the BUYER that the BIDDER

has not engaged any individual or firm or company whether Indian or

foreign to intercede, facilitate or in any way to recommend to the BUYER or

any of its functionaries, whether officially or unofficially to the award of the

contract to the BIDDER, nor has any amount been paid, promised or

intended to be paid to any such individual, firm or company in respect of

any such intercession, facilitation or recommendation.

(v) The BIDDER, either while presenting the bid or during pre-contract

negotiations or before signing the contract, shall disclose any payments he

has made, is committed to or intends to make to officials of the BUYER or

their family members, agents, brokers or any other intermediaries in

connection with the contract and the details of services agreed upon for

such payments.

(vi) The BIDDER will not collude with other parties interested in the contract to

impair the transparency, fairness and progress of the bidding process, bid

evaluation, contracting and implementation of the contract.

(vii) The BIDDER will not accept any advantage in exchange for any corrupt

practice, unfair means and illegal activities.

(viii) The BIDDER shall not use improperly, for purposes of competition or

personal gain, or pass on to others, any information provided by the

BUYER as part of the business relationship, regarding plans, technical

proposals and business details. The BIDDER also undertakes to exercise

due and adequate care lest any such information is divulged.

(ix) The BIDDER commits to refrain from giving any complaint directly or

through any other manner without supporting it with full and verifiable facts.

(x) The BIDDER shall not instigate or cause to instigate any third person to

commit any of the actions mentioned above.

(xi) If the BIDDER who is involved in the bid process or any employee of such

BIDDER or any person acting on behalf of such BIDDER, either directly or

indirectly, is a relative of any of the officers of the BUYER, or alternatively,

if any relative of an officer of BUYER who is involved in the bid process has

financial interest/stake in the BIDDER‟s firm, the same shall be disclosed

by the BIDDER at the time of filing of tender.

(xii) The BIDDER shall not lend to or borrow any money from or enter into any

monetary dealings or transactions, directly or indirectly, with any employee

of the BUYER.


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1.3 Previous Transgression

1.3.1 The BIDDER declares that no previous transgression occurred in the last three

years immediately before signing of this Integrity Pact, with any other company in

any country in respect of any corrupt practices envisaged hereunder or with any

Public Sector Enterprise in India or any Government Department in India that could

justify BIDDER‟s exclusion from the tender process.

1.3.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER

can be disqualified from the tender process or the contract, if already awarded, can

be terminated for such reason.

1.4 Earnest Money Deposit (EMD)

1.4.1 The EMD of Rs. 10,00,000/- (INR Ten Lakhs only) should deposited along with the

Bid. The EMD would be returned after selection of the successful bidder.

1.4.2 No interest shall be payable on Earnest Money for the period of its currency.

1.5 Sanctions for Violations

1.5.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or

acting on its behalf (whether with or without the knowledge of the BIDDER) shall

entitle the BUYER to take all or any one of the following actions, wherever

required:-

(i) To immediately call off the pre contract negotiations without assigning any

reason or giving any compensation to the BIDDER. However, the

proceedings with the other BIDDER(s) would continue.

(ii) To immediately cancel the contract, if already signed, without giving any

compensation to the BIDDER.

(iii) To recover all sums already paid by the BUYER, and in case of an Indian

BIDDER with interest thereon at 2% higher than the prevailing Prime

Lending Rate of State Bank of India, while in case of a BIDDER from a

country other than India with interest thereon at 2% higher than the LIBOR.

If any outstanding payment is due to the BIDDER from the BUYER in

connection with any other contract for any other stores, such outstanding

payment could also be utilised to recover the aforesaid sum and interest.

(iv) To encash the advance bank guarantee and performance bond/warranty

bond, if furnished by the BIDDER, in order to recover the payments,

already made by the BUYER, along with interest.

(v) To cancel all or any other Contracts with the BIDDER. The BIDDER shall

be liable to pay compensation for any loss or damage to the BUYER

resulting from such cancellation/rescission and the BUYER shall be entitled

to deduct the amount so payable from the money(s) due to the BIDDER.

(vi) To debar the BIDDER from participating in future bidding processes of the

Government of India for a minimum period of five years, which may be

further extended at the discretion of the BUYER.


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(vii) To recover all sums paid in violation of this Pact by BIDDER(s) to any

middleman or agent or broker with a view to securing the contract.

(viii) In cases where irrevocable Letters of Credit have been received in respect

of any contract signed by the BUYER with the BIDDER, the same shall not

be opened.

(ix) Forfeiture of Performance Bond in case of a decision by the BUYER to

forfeit the same without assigning any reason for imposing sanction for

violation of this Pact.

1.5.2 The BUYER will be entitled to take all or any of the actions mentioned at para 1.5.1

(i) to (x) of this Pact also on the Commission by the BIDDER or any one employed

by it or acting on its behalf (whether with or without the knowledge of the BIDDER),

of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention

of Corruption Act, 1988 or any other statute enacted for prevention of corruption.

1.5.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact

has been committed by the BIDDER shall be final and conclusive on the BIDDER.

However, the BIDDER can approach the Independent Monitor(s) appointed for the

purposes of this Pact.

1.6 Facilitation of investigation

1.6.1 In case of any allegation of violation of any provisions of this Pact or payment of

commission, the BUYER or its agencies shall be entitled to examine all the

documents including the Books of Accounts of the BIDDER and the BIDDER shall

provide necessary information and documents in English and shall extend all

possible help for the purpose of such examination.

1.7 Law and Place of Jurisdiction

1.7.1 This Pact is subject to Indian Law. The place of performance and jurisdiction is New

Delhi.

1.8 Other Legal Actions

1.8.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal

action that may follow in accordance with the provisions of the extant law in force

relating to any civil or criminal proceedings.

1.9 Validity

1.9.1 The validity of this Integrity Pact shall be from date of its signing.

1.9.2 The complete execution of the contract to the satisfaction of both the PURCHASER

and the BIDDER, including warranty period, whichever is later, in case BIDDER is

unsuccessful, this integrity Pact shall expire after six months from the date of the

signing of the contract.

1.9.3 Should one or several provisions of this Pact turn out to be invalid, the remainder of

this Pact shall remain valid. In this case, the parties will strive to come to an

agreement to their original intentions.


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1.9.4 The parties hereby sign this Integrity Pact at ________________ on

_____________

PURCHASER BIDDER

Shri Sanjeev Singh AUTHORIZED SIGNATORY

Additional Director General of Income –

Tax (Systems) – II



New Delhi-1110053

Witness Witness

1. ____________________________ 1.

2. ____________________________ 2.


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