Tender for Providing Secretarial & Support Staff Services · 1 | P a g e Seal and Signature of the...
Transcript of Tender for Providing Secretarial & Support Staff Services · 1 | P a g e Seal and Signature of the...
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Seal and Signature of the Bidder
Tender for Providing Secretarial & Support Staff
Services
Bankers Institute of Rural Development (BIRD)
Sector-H, LDA Colony, Kanpur Road LUCKNOW -226012 (Uttar Pradesh)
Phone: - (0522) 2421187, 2425917
E-Mail: [email protected]
Date of Issue of Tender 01 December 2018
Date of Pre-Bid Meeting 14 December 2018 at 1500 hours
Last date and time of
Submission of Tenders
21 December 2018 by 1300 hours
Date and time of Opening
of Technical Bid
21 December 2018 at 1500 hours
(This Document Consists of 43 Pages)
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INDEX
Sr. No. Particulars Page No.
A Part-I (Technical Bid)
1 Notice Inviting Tender 4 – 7
2 Form of Tender 8 – 9
3 Qualification criteria 10 – 11
4 Scope of Work 12 - 13
5 Terms and Conditions 14 – 21
6 Format for Submitting Technical Bid by the Bidders 22 – 23
7 Annexure-I (Draft Agreement) 24 – 31
8 Annexure-II (Integrity Pact) 32-39
9 Annexure-III (Check List) 40
B Part-II (Price Bid)
1 Instructions for Price Bid 42
2 Format for Submitting Price Bid by the Bidders 43
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Technical Bid
(Part-I)
Name of the Bidder:- Address:-
Contact No.:-
Email id:-
Bank Name:-
UTR No.:-
Amount:-
Date:-
Bank Name:-
DD No.:-
Amount:-
Date:-
Details
of
Tender
Fee
Details
of
EMD
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Ref. No.BIRD.LKO./ /ST-96-Tender/2018-19 01 December 2018
1. NOTICE INVITING TENDER
M/s
Madam/Sir Tender for providing Secretarial and Support staff services at BIRD, Lucknow
Bankers Institute of Rural Development (BIRD), Lucknow invites tenders for providing
secretarial and support staff services at BIRD.
Bankers Institute of Rural Development (BIRD) is an autonomous training institution registered as a Society under Societies Registration Act, 1860. It has been promoted by
National Bank for Agriculture and Rural Development (NABARD). BIRD is involved in training, research and consultancy, particularly in the area of rural development banking. BIRD is located in a sprawling campus at a distance of 6 to 7 km from Lucknow
Airport and 8 to 9 km from the Railway Station.
Interested parties are requested to submit the Bids in sealed envelope for the aforesaid
work as per details as mentioned more specifically elsewhere in this tender document. 2. Sealed Bids in TWO separate sealed Envelopes indicating clearly ‘'Envelop - No.1 -
Technical bid' and 'Envelope No.2 – Price bid', shall be addressed to Director, BIRD LUCKNOW, SECTOR-H, LDA COLONY, KANPUR ROAD, LUCKNOW-226012 and
Envelops should also be super scribed “Tender for providing Secretarial and Support staff services at BIRD, Lucknow”. The two envelopes should be placed in a bigger envelop, bearing the name & complete postal address of the Bidder, should be addressed
to the Director, BANKERS INSTITUTE OF RURAL DEVELOPMENT, Sector – H, LDA Colony, Kanpur Road, Lucknow - 226012 (Uttar Pradesh) and deposited in a Tender Box placed in Administration section by hand only on or before 1300 hours by 21
December 2018. Tenders received after due date & time shall not be accepted.
3. This NIT (tender document) can be downloaded from our website at www.birdlucknow.in/tender-and-adv/. The tender document will be available on the website, till the last date of submission
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4. Only those bidders who have entered into the Integrity Pact (IP) (Annexure-II) with BIRD, Lucknow will be competent to participate in the bidding. In other words,
entering into this pact would be preliminary qualification. This IP would be effective from the stage of invitation of bids till the complete execution of the contract. The IP
envisages a panel of Independent External Monitors (IEMs) approved for the organisation. The IEM is to review independently and objectively, whether and to what extent parties have complied with their obligations under the Pact. Shri S. K. Goel will be the IEM for
this contract. The address of Shri S. K. Goel is Shri Subodh Kumar Goel 501, Tower-6,
Common Wealth Games Village, New Delhi-110092
5. The two envelopes must carry the following:
Envelope No. 1: a) “Technical bid” of tender with every page signed and stamped.
b) Receipt of payment of Rs.2,500/-(Non-refundable) to BIRD, Lucknow towards
tender fee. Account details of BIRD, Lucknow are mentioned in Chapter 05 of the tender document. (Only online payment shall be accepted). Tenders without
tender fee shall be rejected out rightly.
c) Demand draft of Rs. 50,000/- (Rupees Fifty Thousand Only) towards Earnest Money Deposit (EMD) by way of Demand Draft (DD) from Nationalised/Scheduled
Bank, to be submitted along with “Technical Bid” in a separate envelop. EMD envelop shall be super scribed as EMD towards “Tender for providing Secretarial and Support staff services at BIRD, Lucknow”. The Tender without EMD shall be
rejected out rightly. No interest shall be paid on the EMD thus collected. EMD of the successful bidder shall be refunded after the successful completion of the work,
whereas EMD of the unsuccessful bidders will be refunded within a month of the issuance of work order to and acceptance of the same by the successful bidder. d) Integrity Pact, as given in Annexure-II in a Rs.200/- Non-judicial Stamp Paper.
e) Supportive documents as stipulated in Technical Bid and in the tender documents. f) Copy of last three years income tax returns
g) Any other documents mentioned in the tender document or relevant for the bid.
Envelope No. 2: a) Envelope No.2 shall only contain the “Price Bid” and shall not contain any condition whatsoever. Any conditional price bid shall be summarily rejected.
b) Envelope No.2 will be opened on a suitable date, which will be communicated to bidders separately. Price Bid envelopes shall be opened only in respect of those
Bidders who are found to be eligible as per the prequalification criteria specified by BIRD, Lucknow and have complied with all the requirements in tender document.
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6. If the last date of receipt or opening of the tenders happens to be a holiday for BIRD, Lucknow, then the receipt and opening of the tenders shall be shifted to next working
day without change of time and venue.
7. A pre-bid meeting will be held at Committee Room No. 03, Ist Floor, Administrative Block, BIRD Lucknow, Sector-H, LDA Colony, Kanpur Road, Lucknow-226012 at 1500 hours on 14 December 2018 with the prospective bidders, to clarify any issues pertaining
to the tender. The bidders are expected to thoroughly read the tender document before being present for the pre-bid meeting, so as to understand all aspects of the work.
8. Before filling up the tenders, the bidders may note the following:
a) The bids shall remain valid and open for acceptance for 03 months from the date
of opening of Envelope No.1. If the Bidder withdraws his tender before the expiry of the said period or makes any modifications in terms and conditions of the tender which are not acceptable to the BIRD, then the BIRD without prejudice to any other
right or remedy will be at liberty to forfeit the earnest money. b) The Bidder should quote the rate in figures as well as in the words. If a
discrepancy is found in the rate in words and figures, then the rate quoted in words shall be taken as correct. c) The Bidders must note that only service charge is to be quoted (on the basis of
which the price bid shall be evaluated) in the price bid. d) The tentative temporary personnel to be deployed by the Bidder for providing secretarial and support staffs services shall be approximately 45, which is
subject to change as per BIRD’s requirement. However, BIRD does not guarantee any minimum or maximum deployment of temporary resource personnel.
e) The monthly wage rates for different category of personnel deployed by the Bidder shall be decided by BIRD from time to time subject to compliance of Minimum Wages Act and other Statutory Compliance’s.
f) BIRD, Lucknow reserves the right to accept or reject any /all tender/s in part or whole of any bidder / firm / firms without assigning any reasons for doing so. h) Canvassing in connection with tenders is strictly prohibited and the tenders
submitted by the Bidder who resort to canvassing will be liable to rejection. i) The Bidder, apart from being a competent contractor must co-ordinate himself
with all the agencies as and when required. j) BIRD, Lucknow does not bind itself to accept the lowest or any tender at all. BIRD, Lucknow also reserves the right to negotiate or partly accept any tender or
all tenders received without assigning any reasons thereof. k) Any discrepancies, omissions, ambiguities in the tender documents, if any, or
any doubt as to their meaning, should be reported in writing to the Director, BIRD LUCKNOW, SECTOR-H, LDA COLONY, KANPUR ROAD, LUCKNOW-226012 who will review the questions and if information sought is not clearly indicated or
specified, BIRD, Lucknow will issue clarifications to all the Bidders which will become part of the Tender Document. BIRD Lucknow will not be responsible if the
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discrepancies, omissions, ambiguities in the tender documents or any doubts as to their meaning are not brought to the notice of BIRD Lucknow before three
working days prior to the last date of submission of the tender. l) The successful bidder shall execute an agreement on non-judicial stamp paper
with BIRD Lucknow in accordance with the standard format enclosed (Articles of Agreement-Annexure-I) within 14 days from date of issue of work order failing which the bidder’s EMD may stand forfeited.
Director
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2. FORM OF TENDER
The Director
BIRD Lucknow Sector-H, LDA Colony Kanpur Road
Lucknow-226012 Madam Tender for providing Secretarial and Support staff services at BIRD, Lucknow
1. I / We have examined the Scope of Work and Terms and Conditions relating to the tender for the said work after having obtained the Tender document invited by you.
2. I / We have visited the BIRD Lucknow Office, examined the works specified in the
Tender Document and acquired the requisite information relating thereto as affecting the Tender.
3. I / We hereby offer to execute the work in strict accordance with the Tender Document at the rate quoted by me / us in the Price Bid as per the Scope of Work described in the
Tender Document and other Terms and Conditions. 4. I / We enclose herewith interest-free Earnest Money Deposit (EMD) for Rs.50,000/-
(Rupees Fifty Thousand Only) by Demand Draft payable at Lucknow in favour of 'BIRD, Lucknow' and the sum shall be forfeited in the event of our withdrawal of Tender before expiry of the validity period of offer and/or in the event of our failure to execute the
Contract when called upon to do so by accepting our rate.
5. In the event of this tender being accepted, I/We agree to enter into and execute the prescribed Agreement with BIRD as per the format given at Annexure I.
6. I/ We agree to pay all Government (Central and State) Taxes such as GST etc. and other taxes prevailing from time to time.
7. The rates quoted by me / us are firm and shall not be subjected to variations on account of fluctuation in the market rates, taxes or any other reasons whatsoever, during
the period of the contract. 8. Should this tender be accepted, I / we hereby agree to abide by and fulfil all the
Terms and Conditions and Provisions of the said Contract Document annexed hereto.
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Name of the person authorized to sign and submit the Tender
I)…………………………………………………………………………………………………………
II)…………………………………………………………………………………………………………
Yours faithfully
Signature
Seal Place:-
Date:-
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3. Qualification Criteria
1) Manpower service provider, placement agencies, autonomous bodies, firms, companies and societies providing Secretarial and Support Staff services to
Nationalized Banks/Public Sector Undertakings of Central Government and its training establishments are eligible to participate in the bid. The Bidder who desires to submit response to this tender must have provided services for at least 300 man
months in a year in India during consecutive three financial year i.e. 2015-16, 2016-17 and 2017-18.
2) The Bidder should have a minimum turnover of Rs.40 lakh in India in last consecutive three financial years i.e. 2015-16, 2016-17 and 2017-18 in the particular field as
manpower placement agency/service provider.
3) Audited financial statement for last consecutive three financial year i.e. 2015-16,
2016-17 and 2017-18 should be submitted along with the bid. Last three years income tax returns should also be submitted along with the bid.
4) The Bidder should have EPF code, ESI registration no., PAN, Goods and Service tax
registration and registration under applicable labour laws and should submit copy of
the same.
5) Consortium bidding to fulfil the eligibility criteria of this bid shall not be allowed
at any stage.
6) The Bidder shall be able to provide copies of Form –16 issued to its employees whenever asked for during the valuation process.
7) The Bidder should have experience certificate of the areas as above in which services is to be availed; of at least 03 years continuously must be submitted by the parties.
8) The Bidder should submit the satisfactory performance report from their existing
client(s) from Govt. /PSUs /Reputed organizations.
9) The bidder should ensure before deploying an outsource resource personnel regarding
his satisfactory character & antecedent records.
10) The Bidder must have its office in Lucknow. Documentary proof is to be
attached.
11) BIRD reserves the right to modify, expand, restricts, scrape and refloat the bid
without assigning any reasons.
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12) The Bidder with proven track records in their areas may send their responses along with required documents to qualify themselves as detailed in prequalification criteria
within the stipulated time frame in the prescribed format.
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4. Scope of Work
The Scope of work included under this tender document for 'PROVIDING SECRETARIAL & SUPPORT STAFF SERVICES AT BIRD is given below. The services
are to be provided in the office premises of BIRD, located at Sector – H, LDA Colony, Kanpur Road, Lucknow - 226012 ( Uttar Pradesh) or at any other place as specified by
BIRD. 1. SECRETARIAL SUPPORT SERVICES The Secretarial Support Services to be provided by the Bidder/Contractor shall include
but not be limited to the scope of work mentioned below: i. Short Hand and Typing Services using computer
Stenographic and typing services including of organizing, retrieving and editing information, checking of transcript, spelling and correcting grammar. To revise, edit and maintain their personal dictionaries used to record information. Other
key competencies are: a) Verbal & written communication skills b) Taking dictation and transcription of the same
c) Typing of essential or confidential documents d) Fixing up appointments and screening of calls
e) Professional personal presentation f) Information management g) Organizing & planning
h) Sending of routine reminders etc. i) Any other work assigned.
ii. Data Entry Services Enter commands, using computer terminal and activate controls on computer and
peripheral equipment to integrate and operate equipment. Monitor the system for equipment failure or errors in performance. Notify Supervisor or computer maintenance technicians or equipment malfunctions. Respond to program error
messages by finding and correcting problems or terminating the programme.
iii. Professionals/HR/IT/Finance Generalist Services Proficiency in Data Analysis/ HR Matters/ IT Matters/ General Administration Matters/ Accounts Matters using computers.
2. SUPPORT SERVICES - OFFICE UPKEEP AND MAINTENANCE The support services to be provided by the Bidder/Contractor shall include but not be
limited to the scope of work mentioned below: a) To attend to all type of routine works.
b) To carry daily letters, registered letters, parcels etc. for dispatch. c) To distribute official dak both inside and outside the office. d) To carry and serve files/papers/documents etc. on the desks of the staff of BIRD.
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e) To file papers/documents as advised by the staff of BIRD. f) To stack the files properly in the cupboards.
g) To maintain the office clean and tidy. h) To attend to any other official work assigned to the staff by the officers.
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5. Terms and Conditions 5.1 General
1. Please read the Terms & Conditions carefully before filling up the document. Incomplete Tender Documents will be rejected.
2. Before submitting the tender, details of documents to be attached may be verified from the Check List given in Annexure-III of the Tender Document. The Bidder shall submit the receipt of payment of Rs.2500/-(Rupees Twenty Five hundred only) towards the
cost of the Tender Documents through NEFT/RTGS. The same should be submitted along with the technical bid. Tender Documents submitted without receipt of tender fee shall be rejected. The account details of BIRD, Lucknow are:-
Beneficiary Name Bankers Institute of Rural development
Bank Name Kotak Mahindra Bank Ltd.
Branch Name Ashiana Colony, Kanpur Road, Lucknow
Account Number 5411848265
IFSC code KKBK0005199
Type of Account Saving
3. The Bidders are required to submit the form of tender.
4. The Bidder must write the name & complete postal address of the bidding firm on the reverse side of the Demand Draft submitted for the purpose of EMD.
5. All pages of the Tender Documents must be signed by the authorized signatory and
sealed with the stamp of the bidding firm as token of having accepted all the Terms and Conditions of this Tender. Tenders without sign and seal in each page shall be summarily rejected.
6. BIRD reserves the right to obtain feedback from the previous/present clients of the Bidder and also depute its team(s) to inspect the site(s) at present contract(s) for on-
the-spot first –hand information regarding the quality of services provided by the Bidder. Decision of BIRD with regard to award of the contract will also depend upon the feedback received by it from the previous/present clients and also from its team(s)
deputed for the purpose. The decision of BIRD in this regard will be final and binding on all bidders.
7. Tender shall be submitted in BIRD’s official tender form only and should be completed in all respect. If submitted in any other manner, the same shall be summarily rejected.
8. Tenders received without the prescribed Earnest Money Deposit (EMD) of Rs.50,000/-
(Rupees Fifty Thousand Only) shall be rejected. 9. The services to be rendered by the Bidders must not be altered by the Bidder. 10. No paper shall be detached from the Tender Documents.
11. The name and address of the Bidder shall be clearly written in the space provided for the purpose and no over-writing, correction; insertion shall be permitted in any
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part of the tender unless duly countersigned by the bidder. The tender should be filled in and submitted strictly in accordance with the instructions contained herein;
otherwise the Tender is liable to be rejected. 12. The Financial bids submitted by Bidder should be valid for at least for a minimum
period of three months from the date of opening of Technical Bids. 13. Person signing the bid or other documents connected with tender must clearly
write his/her name and also specify the capacity in which signing along with the
authority letter. 14. BIRD reserves the right to reject any or all the tenders without assigning any
reason.
15. BIRD reserves the right to change any condition of the tender before opening of the Technical Bids.
16. The successful Bidder will have to enter into an agreement with BIRD (as per draft agreement) given in Annexure - I before commencement of the work.
17. Bidders must necessarily enter into Integrity pact (IP). Tenders without IP shall
be summarily rejected. 18. Canvassing in any form will make the tender liable to rejection.
19. Any change/modification/alteration/corrigendum shall be uploaded on BIRD website only and it shall form a part of the tender document. Accordingly, all the prospective Bidders are requested to visit BIRD website frequently.
5.2 OPENING OF BIDS The Technical Bids will be opened on 21 December 2018 at 1500 hours in Committee
Room No. 03, Ist Floor, Administrative Block, BIRD Lucknow, Sector-H, LDA Colony, Kanpur Road, Lucknow-226012 in the presence of such Bidder who may wish to be
present, either in person or through their authorized representatives (duly supported with authorization letter).
The Financial Bids of only those qualifying in the technical bid will be opened for further evaluation. The decision of BIRD in this regard will be final and no requests etc. will be
entertained from the Bidder. The date and time of opening of financial bid(s) will be intimated only to such Bidder who is/are found eligible as per evaluation criteria prescribed by BIRD.
EMD of the unsuccessful Bidder will be returned, without interest, within a period of one month from the date of opening of bids.
5.3 AWARD OF CONTRACT
The contract shall be normally be awarded to that technically qualified Bidder who has given the lowest quote for handling charges in the financial bid as per prescribed format. The financial bids of those Bidders qualified in technical bid, will be publicly opened
after issuing due intimation to bidders.
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5.4 PERIOD OF CONTRACT a) The contract for Services shall remain valid initially for a period of two years.
b) However, BIRD can terminate the contract with the contractor during the currency of
the contract if the performance standards of the contractor are found unsatisfactory. c) The two-year contract period is subject to renewal by BIRD on satisfactory
performance on mutually agreed terms and conditions for a further mutually agreed period not exceeding one year.
5.5 FORFEITURE OF EMD
EMD of the successful Bidder shall be liable to be forfeited if the contractor does not fulfil any of the following conditions:
a. An agreement is not signed in the prescribed form within fourteen days of the receipt of the Letter of Award of the Contract;
b. The Bidder/Contractor does not commence the contracted services within fourteen days of the stipulated date for commencement of services, as given in the contract.
c. The Financial Bids submitted by the Bidder should be valid till 31 March 2019 (03 months). In view of this, no change in the financial bid will be allowed. If the successful
Bidder withdraws or alters the terms of the tender during this period, the Earnest Money Deposit shall be forfeited.
5.6 PERFORMANCE SECURITY DEPOSIT The successful Bidder will be required to submit with BIRD, a Fixed Deposit Receipt (in original form) made in favour of “Bankers Institute of Rural Development” for a sum
of Rs.1,00,000/- (Rupees One lakh only) as Deposit on account of Performance Security within a week of acceptance of the offer. The Fixed Deposit Receipt, renewed from
time to time, will be retained by BIRD for the entire period of the contract and on termination of the contract, BIRD will refund to the contractor the sum of Rs.1,00,000/- ( Rupees One lakh only) along with interest accrued thereon during the entire period of
the contract, within 02 months of successful completion of the contract.
a. If the Contract is terminated by the Bidder/Contractor without giving stipulated
period of notice or fails to observe the terms & conditions of the Tender, Letter of Award for the Contract and the agreement signed by the Contractor with BIRD, the Performance Security Deposit will be forfeited without prejudice to the BIRD's right to proceed against
the contractor for any additional damages that BIRD suffers as a result of the breach of the aforesaid terms and conditions.
5.7 STATUTORY OBLIGATIONS OF THE BIDDER/CONTRACTOR
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a. The Bidder/Contractor shall be responsible for engaging adequate number of trained/experienced resource personnel required for providing the services in BIRD
located at Sector – H, LDA Colony, Kanpur Road, Lucknow - 226012 ( Uttar Pradesh).
b. The employees of the Bidder/Contractor should possess good health and should be free from any diseases, especially contagious and frequently recurring diseases.
c. The Bidder/Contractor will, make available to BIRD the particulars of all the employees who will be deployed at its premises. Such particulars, inter-alia, should include age/date of birth, permanent address, profile of the health status and police
verification of the employees.
d. The Bidder/Contractor shall be responsible for timely payment of wages to his/her workers as per Minimum Wages Act and all other statutory obligations applicable,
such as, Provident Fund, ESI, and Goods & Service Tax etc. in force from time to time. The contractor shall provide documentary evidence of compliance with all its statutory obligations to BIRD, as and when demanded by BIRD.
e. The Bidder/Contractor shall ensure proper discipline among his/her employees and
further ensure that they do not indulge in any unlawful activity.
f. In the event of violation of any contractual or statutory obligations by the Bidder/Contractor, he/she shall be responsible and liable for the same. Further, in the event of any action, claim, damages, suit initiated against BIRD by any individual,
agency or government authority due to acts of the Contractor, the Contractor shall be liable to make good/compensate such claims or damages to BIRD. As a result of the acts of the Contractor, if BIRD is required to pay any damages to any individual,
agency or government authority, the Contractor would be required to reimburse such amount to BIRD or BIRD reserves the right to recover such amount from the
payment(s) due to the Contractor while settling his/her bills or from the amount of Security Deposit of the Contractor lying with BIRD.
g. The Bidder/Contractor shall at all times keep indemnified the principal employer, namely, BIRD, Director of BIRD and its officers and designated concerned staff for and
against all third party claims whatsoever (including property loss and damage, personal accident, injury or death of any person) and/or the owner and the Contractor
shall at his/her own cost and initiative at all times, maintain all liabilities under Workman's Compensation Act /Fatal Accident Act, Personal Injuries, Employees State Insurance Act, PF Act, etc. in force from time to time. The contractor shall provide all
documentation to BIRD at its request, pertaining to all statutory registrations/licences and payments conforming to such regulations applicable to the contract offered under
this tender.
h. Where applicable, the Bidder/contractor shall provide sufficient sets of Uniforms
and pair of shoes to his employees and shall ensure that they wear them all times
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and maintain them properly. The cost towards the same will be reimbursable by BIRD to a reasonable extent to be decided with mutual consent.
i. The Bidder/Contractor shall be personally responsible for conduct and behaviour of
his staff and any loss or damage to BIRD's moveable or immoveable property due to the conduct of the Contractor's staff shall be made good by the contractor. If it is found that the conduct or efficiency of any person employed by the Contractor is
unsatisfactory, the Contractor shall have to remove the concerned person and engage a new person within 48 hours of intimation by BIRD. The decision of BIRD's designated officer in this regard shall be final and binding on the Contractor.
j. The Bidder/Contractor shall not appoint any sub-contractor to carry out his
obligations under the contract. k. All services shall be carried out by the personnel deployed by the bidder/contractor
for undertaking the contract, with due regard to the convenience of BIRD. The orders of the concerned authority shall be strictly observed.
l. The Bidder/Contractor will deploy adequate manpower for work during late hours and
on Sundays, including other holidays, according to the requirement of BIRD.
m. The personnel employed by the Bidder/Contractor shall be directly under the
supervision, control and employment of the Contractor and they shall have no
connection whatsoever with BIRD.
n. BIRD shall have no obligation to control or supervise such workers or to take any action against them except as permissible under the law. Such personnel employed by the contractor shall also not have any claim against BIRD for employment or
regularization of their services by virtue of being employed by the Contractor, against any temporary or permanent posts in BIRD.
o. The Bidder/Contractor shall ensure that either he/she himself/herself or his/ her
representative is available for resolving any dispute that may arise during the currency
of the contract to the entire satisfaction of BIRD. p. Storing/supply/sale and consumption of drugs, alcoholic drinks, cigarettes, tobacco
in any form, or any other items of intoxication are strictly prohibited in BIRD office premises. Any breach of such restrictions by the Contractor will attract deterrent
action against the Contractor as per statutory norms. q. No amendment to this agreement shall be valid or binding unless set forth in writing
and duly executed by the parties to this agreement. No waiver of any breach of any provision of this agreement shall be effective or binding unless made in writing and
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signed by the Party purporting to give such waiver and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived.
r. The Bidder shall not use the logo, trademark/name or any other intellectual property
of BIRD under any circumstances whatsoever. s. The applicable law for the purpose of this agreement will be Indian Law and Courts
at Lucknow shall have and exclusive jurisdiction. t. The parties shall use their best efforts to settle amicably all disputes arising out of or
in connection with this Agreement, or in respect of any defined legal relationship associated therewith or derived there-from. If the dispute has not resolved amicably
within fifteen days (15 days) after one Party has served written notice on the other Party requesting the commencement of such discussions, either party may in writing demand that the dispute be finally settled by the arbitration in accordance with
Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by BIRD in case of dispute raised by BIRD, from the panel of three persons nominated by
Bidder/Contractor. Similarly, the sole arbitrator shall be appointed by Bidder/Contractor if dispute is raised by Bidder/Contractor from the panel of three persons nominated by BIRD. The language of the Arbitration shall be English/Hindi
and place of arbitration shall be Lucknow. Work under the contract shall be continued by the Bidder/Contractor during the arbitration proceedings unless otherwise directed in writing by BIRD, unless the matter is such that the work cannot possibly be
continued until the decision of the arbitrator is obtained. Save as those which are otherwise explicitly provided in the contract, no payment due, or payable by BIRD to
the Bidder/Contractor shall be withheld on account of the ongoing arbitration proceedings, if any, unless it is the subject matter, or one of the subject matters thereof.
u. Any communication addressed to the Bidder at its registered office address shall be
sufficient service thereof. Any communication addressed to BIRD at Sector – H, LDA Colony, Kanpur Road, Lucknow - 226012 ( Uttar Pradesh) shall be sufficient service thereof.
v. The Bidder shall bear the cost of preparation of this/all other related
agreements.
w. This Agreement shall be executed in two counterparts and each party shall retain
the one original.
5.8 OBLIGATIONS OF BIRD BIRD will, subject to compliance of this Contract and all statutory requirements and the
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provision of Services to its satisfaction by the Bidder and subject to deduction of tax at source under the Income tax Act, 1961 or any other provisions of law for the time being
in force, ensure full and timely payments for the Services as provided in this Contract. The following are the terms and conditions of the engagement of temporary resource
personnel: - a. The engagement of temporary/resource person who are on the muster roll of the Bidder is purely temporary and on contract basis.
b. The offer is based on the contract between BIRD and Bidder/Contractor for providing support services which is only for a specified period, which may, however, be extended
depending on the extension of the contract and also on the basis of the performance. The service may be terminated with a notice of seven days.
c. The temporary/resource person staff shall at all-time maintain absolute integrity and devotion to duty and conduct himself in a manner conducive to the best interests, credits
and prestige of BIRD.
d. By virtue of the services with BIRD, Bidder and the temporary/resource person deputed by the Bidder will come in possession of certain information and secrets related to BIRD. Bidder and the temporary/resource person deputed by the Bidder will not
divulge any such secret, recipe or formula or business strategies to any other person or any organization or individual.
e. The Bidder shall ensure that complete confidentiality is maintained by it and all its temporaries/ resource persons; with regard to all information relating to BIRD, its
premises, clients business, assets, affairs and employees and that neither the Bidder nor its persons will any time divulge or make known to any third parties any trust, accounts, matters or transactions whatsoever pertaining to BIRD and its associate entities and
which may in any way come to their knowledge or attention.
f. The Bidder must undertake to indemnify and agrees to keep BIRD indemnified and harmless from and against all disputes, claims, fines, penalties, litigations criminal as well as civil that may be initiated against BIRD on account of and / or arising out of the
failure of the Bidder to adhere to any statutory requirement, or to follow such rules regulations, guidelines or procedures as may be required under any statute or directive.
5.9 FORCE MAJEURE
The obligations of BIRD and the Bidder shall remain suspended if and to the extent that they are unable to carry out such obligations owing to force majeure or reasons beyond their control. In the event of such inability continuing for more than a week, the other
party shall have the right to terminate this contract without further obligation.
5.10 PENALTY
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a. BIRD reserves the right to impose a penalty (to be decided by the BIRD) on the Contractor for any serious lapse in maintaining the services willfully or otherwise by the
Contractor or his employees.
b. If BIRD is not satisfied with the services provided or behaviour of the Bidder/Contractor or his/her employees, the Contractor will be served with 24-hour notice to improve or rectify the defect(s), failing which the BIRD will be at liberty to take
appropriate necessary steps as deemed fit. 5.11 PAYMENT
a. The Bidder/Contractor shall be paid the bill amount, less statutory deductions, within 7 working days of presentation of monthly bill to BIRD.
b. All payments and receipts would be rounded off, i.e., paise 50 or above will be rounded off to the nearest higher rupee and paise less than 50 shall be ignored.
5.12 TERMINATION OF THE CONTRACT
a. The contract can be terminated by either party, i.e., BIRD or the Bidder/Contractor, after giving one month notice to the other party extendable by mutual agreement till alternate arrangements are made. However, BIRD reserves the right to terminate the
contract without giving any notice in case the Bidder/Contractor commits breach of any of the terms of the contract. BIRD's decision in such a situation shall be final and shall be accepted by the Contractor without any objection or resistance.
b. On termination of the contract, the Bidder/Contractor will hand over all the
equipment/furniture/articles etc., supplied by BIRD, in good working condition, back to BIRD.
5.13 JURISDICTION Dispute, if any, arising out of the Contract, shall be settled by mutual discussion,
alternatively by legal recourse under jurisdiction of Lucknow Courts only.
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6. FORMAT FOR SUBMITTING TECHNICAL BID BY THE BIDDERS
(To be submitted on agency Letter Head)
1. Name of the Bidder (Manpower service provider).
2. Address with telephone, mobile, email and Fax No.
3. Status of applicant (individual/proprietorship firm/partnership firm/private
limited Company/public limited company/society/autonomous bodies –
attach documentary Evidence).
4. Types of manpower services provided (experience certificates to be enclosed).
5. Organization structure with location details in Lucknow and manpower details
(permanent and contract).
6. EPF Establishment Code No. (Attach documentary evidence).
7. ESI Establishment Registration No. (Attach documentary evidence).
8. PAN No. (Attach documentary evidence).
9. Goods and Service Tax registration No. (Attach documentary evidence).
10. Other registration details under Labour Laws (attach documentary evidence).
11. List of client’s along with their placement turnover in numbers (last 3 years).
12. Attach satisfactory performance report from their existing client(s) from Govt.
/PSUs/ reputed organizations.
13. Man months of services provided in a year in India during consecutive three
financial year i.e. 2015-16, 2016-17 and 2017-18 (Attach documentary evidence).
2015-16 2016-17 2017-18
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n) Annual turnover of last consecutive three financial years (audited financial statement/IT returns of last 3 years to be enclosed). Turnover of last 3
consecutive years of agency.
2015-16 2016-17 2017-18
o) Executive summary about the agency.
Date: (Signature with name & seal)
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ANNEXURE - I
(To be signed on a Non-Judicial Stamp Paper of 100/- to be purchased by the Contractor)
DRAFT OF AGREEMENT
(TO BE JOINTLY SIGNED BY BIRD AND THE CONTRACTOR FOR
PROVIDING SECRETARIAL & SUPPORT SERVICES AT BIRD, LUCKNOW)
This Agreement made this day the _________
Between
Bankers Institute of Rural Development, a society registered under
Societies Registration Act 1860 and having its office at Sector – H, LDA Colony, Kanpur Road, Lucknow - 226012 ( Uttar Pradesh) hereinafter referred to as the “BIRD” (which expression shall, unless repugnant to the
context or meaning thereof, mean and includes its successors and assigns) OF THE ONE PART
AND
M/s _______ a Company/Society--------------- (details of constitution) through
Shri/Mrs/Ms------------------ (through their Authorized signatory) hereinafter referred to as the “Contractor” (which expression shall, unless repugnant to the context or meaning thereof, mean and includes its successors and
assigns) OF THE OTHER PART.
Whereas BIRD is a premier organisation involved in training, research and consultancy particularly in the area of rural development banking.
Whereas BIRD needs a Contractor for providing Secretarial & Support services at BIRD, Lucknow mentioned in the Tender Documents invited by BIRD.
Whereas it is thought desirable to grant a Contract to the Contractor to provide Secretarial & Support services at BIRD, Lucknow. The terms and
conditions mentioned hereinafter, it is hereby confirmed as having been agreed to between the respective parties as under:
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1. That the Contractor has been granted the contract to provide Secretarial & Support services at BIRD, Lucknow initially for a period of two years w.e.f. [-
-------------] on the terms & conditions contained in the Tender Documents, BIRD’s Letter of Award of the Contract and this agreement read together. If
during this period, the performance is found satisfactory, the contract may be renewed for further specified period not exceeding one year on the existing or mutually agreed to terms & conditions. The contract is also terminable on
one-month notice by either side. 2. That the services provided by the Contractor shall be as per the scope of
work given in clause 3 of the tender document. If, however, the performance standards are unsatisfactory, BIRD reserves the right to impose financial
penalty as decided by the BIRD or the contract may he cancelled/terminated without giving any notice.
3. The monthly service charges amount payable to the Contractor towards providing all services will be as quoted in the financial bid by the Contractor.
4. BIRD has five working days (i.e. Monday to Friday) in a week working from 9.15 A.M to 5.45 PM on Monday and from 9.15 A.M to 5.30 P.M on Tuesday
to Friday with a lunch break of ½ hour from 1.15 PM to 1.45 PM. Besides this, BIRD declares holidays in tune with the holidays declared under Negotiable Instruments Act in the State of Uttar Pradesh from time to time.
However, in exigencies of work, the personnel deployed may be required to come early/sit late and may also be called on Saturdays, Sundays and other holidays for which BIRD will pay proportionate wages to the personnel
deployed, which shall be paid by BIRD to the Contractor. The personnel deployed in BIRD shall, during the normal working days, is required to report
for duty 15 minutes before the commencement of office hours and leave office 15 minutes after the closure of office hours. In case, a personnel is absent on a particular day or comes late on three occasions, one day wage shall be
deducted.
5. That the Contractor has agreed to provide sufficient temporary resource personnel to BIRD and shall take all reasonable precautions to ensure that
these personnel attire themselves properly while on duty and are civil, polite, sober and honest in their dealings with BIRD's staff. He shall also employ only
those workers whose antecedents have been verified by the police and are medically fit in all respects.
6. That any employee deployed by the Contractor in the premises becomes liable for removal by BIRD due to his actions, disobedience or misconduct,
the Contractor shall accept the decision of BIRD as final and abide by such decision. In such an event, BIRD shall not in any way be liable for any claim
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made by the concerned employee of the Contractor for, wages or damages and the Contractor shall keep BIRD indemnified.
7. BIRD will have the right to review the working of this contract from time to
time and if at any time it is found that the Contractor has failed to fulfil any of the conditions of this contract or that his working is unsatisfactory, BIRD may terminate the contract after giving the Contractor one-month notice.
However, BIRD can terminate the contract with the Contractor during the currency of the contract if the performance standards of the Contractor are
found unsatisfactory.
8. That the Contractor will not transfer or assign any part of his interest under this contract and that this contract shall also be liable to be terminated by the death or insolvency of the Contractor before the expiry of the period of this
contract.
9. That it is agreed between the parties that no interest whatsoever in the premises has been assigned by BIRD to the Contractor and the possession of
the premises will always that of BIRD. 10. The Contractor shall also be responsible for the upkeep of equipment
provided by BIRD. In case of any damage to the furniture and equipment by any person, he will immediately inform in writing the concerned authorities
of BIRD, for recovery of such losses/damages from the defaulters, failing which the Contractor shall himself be liable to pay the cost as decided by BIRD.
11. Necessary equipment, furniture, computers, printers, fax machines, Xerox machines, franking machine etc. shall be given to the employees of the
Contractor in good working condition. These will be used carefully & cautiously by his employees.
12. That the Contractor shall maintain a Suggestion Book for recording suggestions for improvement of the Services. Such suggestions, as approved
by BIRD, shall be forthwith acted upon. The suggestion book shall be kept open for inspection by BIRD's designated authorities.
13. No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by the parties to this agreement. No waiver of
any breach of any provision of this agreement shall be effective or binding unless made in writing and signed by the Party purporting to give such waiver and, unless otherwise provided in the written waiver, shall be limited to the
specific breach waived.
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14. The Contractor shall not use the logo, trademark/name or any other intellectual property of BIRD under any circumstances whatsoever.
15. The applicable law for the purpose of this agreement will be Indian Law
and courts at Lucknow shall have and exclusive jurisdiction. 16. The parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated therewith or derived there-from. If the dispute has not resolved amicably within fifteen days (15 days) after one Party
has served written notice on the other Party requesting the commencement of such discussions, either party may in writing demand that the dispute be
finally settled by the arbitration in accordance with Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by BIRD in case of dispute raised by BIRD, from the panel of three persons nominated by the
Contractor. Similarly, the sole arbitrator shall be appointed by the Contractor if dispute is raised by the Contractor from the panel of three persons
nominated by BIRD. The language of the Arbitration shall be English/Hindi and place of arbitration shall be Lucknow. Work under the contract shall be continued by the Contractor during the arbitration proceedings unless
otherwise directed in writing by BIRD, unless the matter is such that the work cannot possibly be continued until the decision of the arbitrator is obtained. Save as those which are otherwise explicitly provided in the contract, no
payment due, or payable by BIRD to the Contractor shall be withheld on account of the ongoing arbitration proceedings, if any, unless it is the subject
matter, or one of the subject matters thereof. 17. Any communication addressed to the Contractor at its registered
office address at……………..shall be sufficient service thereof. Any communication addressed to the BIRD at Sector – H, LDA Colony, Kanpur
Road, Lucknow - 226012 (Uttar Pradesh) shall be sufficient service thereof. 18. This Agreement shall be executed in two counterparts and each party shall
retain the one original. 19. The Contractor shall be liable for and pay all wages, salaries etc. and also
undertake to comply all statutory liabilities like PF, compensation etc. including payment/contribution towards all statutory dues connected and /
or related to resource/personnel sent to BIRD, and shall keep BIRD indemnified at all times against all claims, liabilities, losses and consequences in relation thereto and complying with all statutory requirements and subject
to deduction of any tax or other amounts as required by law or as provided herein. The statutory payments towards EPF and ESI shall be reimbursed by
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BIRD as per actuals to the Contractor.
20. The consideration aforesaid will be paid by BIRD to the Contractor, against monthly invoices raised at the end of each month, by the Contractor
in duplicate, such payments shall be made within seven days of receipt of the said invoices. The consideration aforementioned is all-inclusive and no other amounts will be payable to the Contractor by BIRD on any account
whatsoever, unless otherwise specifically agreed to by it in writing. 21. The Contractor agrees that if' and when so requested by BIRD, it will
provide the manpower services at the premises of BIRD, as may be required by BIRD. Amount payable to the Contractor shall be calculated on the basis
of the wages rates set by BIRD along with service charge subject to compliance of Minimum wages and other statutory compliance.
22. The employees of the Contractor shall never under any circumstances whatsoever be entitled to claim themselves to be the employees of BIRD. The
Contractor shall execute Personal Guarantee in favour of BIRD for due compliance of statutory obligations and liabilities to its employees.
23. The Contractor will, for the purpose, continuously monitor the Services being rendered by it to ensure that these are up to the standards required by BIRD.
24. The Contractor would comply with the statutory requirements; rules and
regulations applicable to temporaries/ resource persons engaged by the client and shall obtain all necessary registrations, licenses, approvals and sanctions under the laws applicable.
25. The Contractor shall adhere to and comply with all the laws that may be
applicable to him and will extend all the benefits/privileges as applicable to persons engaged/employed by him including that of Provident Fund, ESI, Workmen's Compensation Act, Bonus, Gratuity, Minimum Wages Act and
Leave, etc. In case of any breach of any law, rules, notifications applicable to the employees of the Contractor, the Contractor alone shall be responsible and liable for any act(s) of omission and/or commission committed by any
employee, agent, representative, attorney, person(s) engaged/employed by him for discharging the obligations under this Contract.
27. No relationship of employer and employee shall be created between the BIRD and the employees engaged by the Contractor. The Contractor shall
ensure that all persons employed by them shall be efficient, skilled, honest and conversant with the nature of work.
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28. The Contractor, being the employer in relation to persons engaged/employed by them for providing the services, under this Contract,
shall alone be responsible and liable to pay wages/salaries to such persons which in any case will not be less than the minimum wage as fixed or prescribed for the category of workers employed by them from time to time or
by the Central Government and/or any authority constituted by or under any law.
29. All employees of the Contractor shall be issued with identity cards bearing their photographs. Cost of identity cards and photographs for identity cards
shall be borne by the Contractor. The Contractor shall have the identity card format approved from the BIRD.
30. The Contractor alone shall have the right to take disciplinary action against any person(s) engaged/employed by him; while no right whatsoever
shall vest in any such person(s) to raise any dispute and/or claim whatsoever against the BIRD. The BIRD shall, under no circumstances be deemed or treated as the employer in respect of any person(s) engaged/employed by the
Contractor for any purpose whatsoever of any person(s) of the Contractor. 31. The Contractor shall obtain appropriate license under the Contract
Labour (Regulation and Abolition) Act, 1970 and the Rules as amended up to date and shall comply with all terms and conditions thereof strictly, and shall
keep such license duly validated and/or renewed from time to time throughout the currency of this Contract.
32. The Contractor shall maintain all registers required under various Acts which may be inspected by the BIRD as well as the appropriate authorities at
any time. 33. The Contractor will have to produce the Register of Wages or the Register
of Wages-cum-Muster Roll of the preceding month along with the bill to be submitted on or before the 3rd day of every calendar month for verification, to the nominated official of the BIRD. The Contractor shall ensure that
payment to its employees is made in the presence of an authorized representative of the BIRD every month regularly.
34. The Contractor shall give an undertaking by the 25th of the following month in favour of the BIRD that they have complied with all their statutory
obligations.
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35. The Contractor shall depute its supervisory staff to ensure proper monitoring & control of its employees deputed at BIRD to ensure performance
of this contract.
36. Upon a written / oral request being made by BIRD in that regard, the Contractor will, within 48 hours of receipt of such request, discontinue the Services found to be unsatisfactory or otherwise objected to by BIRD for any
reason and shall promptly take action with a view to continue rendering satisfactory services. On receipt of this request, BIRD will not be obliged to pay the amount in respect of the discontinued Services.
37. Notwithstanding anything herein contained, the Contractor will be liable
to adequately compensate BIRD for any loss or damage occasioned by any act, omission or lapse on the part of the Contractor or of any persons deployed by him pursuant to this Contract.
38. The Contractor is aware that Services similar to those covered by this
Contract are being or may hereafter be rendered in the premises by other entities also and will not, at any time, object to or interfere in any manner with the rendering of such Services by any such other entities.
39. The Contractor shall ensure character verification and antecedents of the temporary/resource persons, before deploying the same in the BIRD
premises.
40. The Contractor must also be able to arrange for the replacement of the existing temporary/ resource person, as per the instructions of BIRD.
41. The Contractor provides/shall provide adequate insurance cover to all the resource persons deployed by him at BIRD, for death, disability, sickness etc.,
42. Where applicable, the Contractor shall provide sufficient sets of Uniforms and pair of shoes to his employees and shall ensure that they wear them all
times and maintain them properly. The cost towards the same will be reimbursable by BIRD to a reasonable extent to be decided with mutual consent.
In witness whereof the parties hereto, have caused their presence to be signed
on the above by the duly authorised officials at the place and on the day, month and year first herein above written.
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Signed, sealed and delivered Signed, sealed and delivered
By Shri by Shri
For & on behalf of BIRD the duly authorized signatory for & on behalf of the Contractor
In the presence of In the presence of
1. 1.
2. 2.
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ANNEXURE – II
Pre Contract Integrity Pact
(to be executed on non-judicial stamp paper of Rs. 200)
General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on day of the month of year between, on one hand, Bankers Institute of Rural Development (BIRD), represented by Shri
(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 Shri _, Chief Executive Officer/
Proprietor / Partner (hereinafter called “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 getting executed the work of for providing
Catering Services and the BIDDER is willing to offer/ has offered the work 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 Society Registered under the
Societies Registration Act 1860, having its registered office at Sector – H, LDA
Colony, Kanpur Road, Lucknow – 226012 (herein after referred to as BIRD). 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 said work at a competitive price in
conformity with the defined specifications 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.
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The parties hereto hereby agree to enter into this Integrity Pact and agree as follows: Commitments of the BUYER
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 of any other advantage from the BIDDER, either
for themselves or for any person, organization 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. 1.2 The BUYER will, during the pre-contract stage, treat all 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.
1.3 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.
2 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 the 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 in being conducted by the BUYER the proceedings under the contract would not be stalled.
Commitments of BIDDERs
3 The BIDDER commits itself to take all measures to prevent corrupt practices,
unfair means and illegal activities during any stage of its bid or during an 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 :-
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe,
gift, consideration, reward, favour, any material 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, organization or third party related to the contract in exchange for
any advantage in the bidding, evaluation, contracting and implementation
of the contract.
3.2 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,
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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 Bank for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the Bank.
3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principles or associates.
3.4 BIDDERs shall disclose the payments to be made by them to agents/ brokers or any other intermediary, in connection with this bid/ contract.
3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER
is the original manufacturer/ integrator/ authorized government sponsored
export entity of the defence stores and 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.
3.6 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.
3.7 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. 3.8 The BIDDER will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
3.9 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, including information contained in any electronic data
carrier. The BIDDER also undertakes to exercise due and adequate care lest
any such information is divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable
facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on
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behalf of the 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 the BUYER has financial interest/ stake in the BIDDER’s firm, the same shall be
disclosed by the BIDDER at the time of filling of tender. The term ‘relative’
for this purpose would be as defined in Section 6 of the Companies Act 1986. 3.13 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.
4. Previous Transgression
4.1 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 Enterprises in India or any Government
Department in India that could justify BIDDER’s exclusion from the tender
process.
4.2 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. 5. Earnest Money & Performance Security Deposit
5.1 The bidder shall deposit ₹ 50,000/- (Rupees f i fty thousand only)
as Earnest Money Deposit (EMD), by means of a Demand Draft from
any scheduled bank drawn in favour of “Bankers Institute of Rural
Development” payable at Lucknow .
Successful bidder shall be required to deposit a further sum of ₹
1 ,00,000/- (Rupees One lakh only) within seven days from the date
of acceptance of offer, towards P e r f o r m a n c e Security for due
performance of the contract. The contract shall automatically become null
& void and EMD of ₹ 50,000/- will stand forfeited in the event of the
contracting firm failing to deposit the amount as above. However, BIRD
reserves the right to revive the contract, if circumstances warrant. The
EMD shall not bear any interest.
5.2 The Earnest Money/ Security Deposit shall be valid upto the complete
conclusion of the contractual obligations to the complete satisfaction of
both the BIDDER and the BUYER.
5.3 In case of the successful BIDDER a clause would also be incorporated in the
Article pertaining to Performance Bond in the Purchase Contract that the
provisions of Sanctions for Violation shall be applicable for 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.
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5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest Money.
6. Sanctions for Violations
6.1 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. The Earnest Money Deposit (in pre-contract stage) and/ or Security
Deposit/ Performance Bond (after the contract is signed) shall stand
forfeited either fully or partially as decided by the BUYER and the BUYER
shall not be required to assign any reason therefore. iii. To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER. iv. 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 another contract for any other stores, such outstanding
payment could also be utilized to recover the aforesaid sum and interest. v. To cancel all or any other contracts with 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
BIRD for a minimum period of five years, which may be further extended at
the discretion of the BUYER. 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.
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6.2 The BUYER will be entitled to take all or any of the actions mentioned at para
6.1(i) to (vii) 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.
6.3 6.3 The decision of the BUYER to the effect that a breach of the provisions of
the 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.
7 . Independent Monitors
7.1 The BUYER has appointed Independent External Monitor (hereinafter referred to as Monitors) for this Pact in consultation with the Central Vigilance Commission. The name and address of IEM for this contract is
Shri Subodh Kumar Goel
501, Tower-6, Common Wealth Games Village, New Delhi-110092
7.2 The task of the Monitors shall be to review independently and objectively,
whether and to what extent the parties comply with the obligations under this Pact.
7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.
7.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/procurement, including minutes of meetings.
7.5 As soon as the Monitor notices or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the BUYER.
7.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/Subcontractor(s) with confidentiality.
7.7 The BUYER will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings
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could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.
7.8 The Monitor will submit a written report to the designated Authority of BUYER within 8 to 10 weeks from the date of reference or intimation to him by the BUYER / BIDDER and should the occasion arise submit proposals for correcting problematic situations.
8 . Facilitation of Investigation 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.
9. Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.
10. Other Legal Actions
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.
11. Validity 11.1 The validity of this Integrity Pact shall be from date of its signing and extend up
to 5 years or the complete execution of the contract to the satisfaction of both
the BUYER and the BIDDER/ Seller, 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.
11.2 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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12 The parties hereby sign this Integrity Pact at on ____________________________.
BUYER Name of the Officer Designation BIRD Witness 1._______________________ 2.______________________
BIDDER Chief Executive Officer/Proprietor/Partner Witness
1.__________________________ 2.__________________________
*Provisions of these clauses would need to be amended /deleted in line with the policy of the BUYER in regard to involvement of Indian agents of foreign suppliers.
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Annexure –III SUMMARY OF TENDER & CHECK LIST OF DOCUMENTS TO BE
ATTACHED WITH TECHNICAL BID
1. PAYMENT FOR TENDER DOCUMENTS
Rs. 2,500 /-(Non-refundable)-Only through electronic transfer
2. Earnest Money Deposit Amount
Rs. 50,000/- (refundable) (Rs. Fifty Thousand Only) through Demand Draft
3. DATE OF COMMENCEMENT OF TENDER DOCUMENTS
01 December 2018
4. DATE, TIME & PLACE OF PRE BID CONFERENCE
Pre bid shall be held at Committee Room No. 03 at BANKERS INSTITUTE
OF RURAL DEVELOPMENT , Sector – H, LDA Colony, Kanpur Road, Lucknow - 226012 ( Uttar Pradesh) at
1500 hours on 14 December 2018.
5. LAST DATE & TIME FOR SUBMISSION OF DULY
FILLED-IN TENDERS
21 December 2018 by 1300 hours
Duly filled-in Tender Documents, complete in all respects, to be dropped in the Tender Box kept in
Department of Administration of BIRD-By hand only (No other mode shall be accepted). (No Tender Document would be accepted after 1300 hours on 21 December 2018)
6. DATE & TIME OF OPENING TECHNICAL BIDS
21 December 2018 at 1500 hours
7. VENUE FOR OPENING TECHNICAL BIDS
Committee Room No. 03, BANKERS INSTITUTE OF RURAL DEVELOPMENT, Sector – H, LDA
Colony, Kanpur Road, Lucknow – 226012.
8. Supportive documents as stipulated in Technical Bid Format and in the tender documents
9. Any other documents relevant for bid
10. Copy of last three years income tax returns
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Price Bid
(Part-II)
Name of the Bidder:- Address:-
Contact No.:-
Email id:-
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1. Instructions for Price Bid
1. Only service charges to be quoted, without taxes (on the basis of which
the financial bid shall be evaluated).
2. The tentative temporary resource personnel to be deployed by the
Bidder for giving secretarial and support staff services in BIRD will be approximately 45 which is subject to change as per BIRD
requirement. However, BIRD does not guarantee any minimum or maximum deployment of temporary resource personnel.
3. The monthly wage rates for different category of personnel deployed by the Contractor shall be decided by BIRD from time to time subject to compliance of Minimum Wages Act and other statutory compliances.
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2. FORMAT FOR SUBMITTING PRICE BID BY THE BIDDERS (To be submitted on agency Letter Head)
Director,
Bankers Institute of Rural Development Sector H, LDA Colony Kanpur Road
Lucknow – 2206102 (UP)
Madam/Sir
SUBJECT: PRICE BID FOR PROVIDING SECRETARIAL AND SUPPORT STAFF SERVICES IN BIRD
I/We, hereby submit our price bid for the captioned Subject, if the work is awarded to us:
a. The service charges will be ------ (in words and in figures) % of the remuneration payable to the temporary resource personnel provided by us to
BIRD for delivering services.
b. The offer will be valid for 90 days from the date of submission of this bid. c. The offer is made after taking into consideration and understanding all the
terms and conditions stated in the Tender/Bid documents and agreeing to the same.
Place: Signature of Authorized Signatory:
Date: Name and Seal of the Bidder: