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DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED

(SE/Admn., DHBVN, Hisar)

BIDDING DOCUMENT

Notice Inviting Tender No.

:

23/EO-648/Vol-II dated 04/01/2013

Opening Date of Sale of Documents

:

07.01.2013

upto 1.00

PM.

Closing Date of Sale of Documents

:

28.01.2013

upto 1.00

PM

Last Date for acceptance of Bids

:

29.01.2013, 3.00 PM

 

Opening Date of Part – I of Bid

:

29.01.2013,

3.30 PM

 

TENDER FOR OUTSOURCING SERVICES OF SECURITY GUARDS AT VIDYUT NAGAR, HISAR AND OFFICE COMPLEX OF DHBVN NAMED AS VIDYUT SADAN AT VIDYUT NAGAR, HISAR FOR THE YEAR 2013-14 AND 2014-15.

Name of Contractor / Firm

_____________________________________________

Annexures:

 

 

Sr. no.

Description

 

1.

Conditions of Contract

2.

Escrow Account Agreement

Estate officer-cum-Xen/Civil,

DHBVN, Hisar.

1

Dakshin Haryana Bijli Vitran Nigam

INVITATION FOR BIDDERS (IFB)

TENDER FOR OUTSOURCING SERVICES OF SECURITY GUARDS AT VIDYUT NAGAR, HISAR AND OFFICE COMPLEX OF DHBVN NAMED AS VIDYUT SADAN AT VIDYUT NAGAR, HISAR FOR THE YEAR 2013-14 AND 2014-15.

NIT NO. -23/EO-648/Vol-II dated 04.01.2013

1.SEALED TENDERS ARE INVITED IN TWO PARTS FROM ELIGIBLE BIDDERS FOR PROVIDING TENDER FOR OUTSOURCING SERVICES OF SECURITY GUARDS AT

VIDYUT NAGAR, HISAR AND OFFICE COMPLEX OF DHBVN NAMED AS VIDYUT SADAN AT VIDYUT NAGAR, HISAR FOR THE YEAR 2013-14 AND 2014-15.

2.Interested eligible Bidders may obtain further information from the office of Superintending

Engineer / Admn., DHBVN, Hisar / EO-Cum DGM/Civil, Vidyut Nagar, Hisar and inspect the bidding documents at the address given below from 10 AM to 5 PM on any working day.

Address:- Estate Officer – Cum – DGM/Civil

Qtr. No. 242, Type-IV,

Vidyut Nagar, Hisar.

Tel No. 09813452539.

Email:- rlkambojdhbvn@gmail.com

3.A complete set of bidding documents in English may be purchased by interested

Bidders on the submission of a written application to the address AGM/CCC, Rajgarh Road, DHBVN, Hisar and upon payment of a nonrefundable fee of INR (0.25% of the total estimated annual contract value with a minimum of INR 250/- and maximum of Rs. 2000/- up to total estimated contract value of Rs. 50 lacs and INR Rs. 4000/- beyond total estimated contract value of Rs. 50 lacs). The method of payment will be Demand

Draft drawn on any Scheduled Bank in favour of AGM/CCC, Rajgarh Road, DHBVN,

Hisar submitted either by post or in person. The document will be issued either to the authorized representative in person or shall be sent by Courier at the stated address in the application.

The Bidding Documents can also be downloaded from the DHBVN website www.dhbvn.com. In this case, the cost of Bidding Document should be submitted in separate envelope in the shape of demand draft of a non-refundable fee of INR 4000/- payable to EO-Cum-DGM/Civil, Dakshin Haryana Bijli Vitran Nigam (DHBVN), Hisar while submitting the bid.

In case the bid is submitted by the bidder along with the required bid security but without the bid cost, then the bids of such bidder will also be opened and the bidder would be asked to submit the required bid cost promptly.

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3.Bids In two parts - Part I (Technical & Commercial) and Part II (Price) must be delivered to the address below at or before 3:00 PM on 29.01.2013.

Address:- Estate Officer – Cum – DGM/Civil

Qtr. No. 242, Type-IV,

Vidyut Nagar, Hisar.

Tel No. 09813452539.

E mail:- rlkambojdhbvn@gmail.com

4 All bids must be accompanied by an Earnest Bid Deposit (EMD) of not less than INR

26300/- (1/2 % of the estimated annual value of contract). Late bids and the bids without EMD will be rejected. Part I of the bids will be opened at 3.30 PM on 29.01.2013, in the presence of the Bidders’ representatives who choose to attend at the address below.

5.The attention of prospective Bidders is drawn to (i) the fact that they will be required to certify in their bids that they have not been black listed any where in the country by any of the Government Department / Agency and that they have not been sentenced to punishment by the court of law any where in the country.

EO-Cum-XEN/Civil, DHBVN, Hisar ,

(Mr. R.L. Kamboj)

Phone: 09813452539

Fax: ___________________________

e-mail ID: rlkambojdhbvn@gmail.com

3

DAKSHIN HARYANA BIJLI VITRAN NIGAM

NOTICE INVITING TENDER

NIT No.23/EO-648/Vol-II

Date: 4/01/2013

Short term sealed tender are invited in two parts (part-I and part-II) by under signed on behalf of DHBVN from the Security Agencies having proven experience and who fulfill the eligibility criteria as laid down in bid documents.

Sr.

Description of work

Estimated Cost

Earnest

No.

 

 

money (Rs.)

1

Outsourcing Services of Security Guards at

52.60 lacs per annum

26300/-

 

Vidyut Nagar and Office Complex at Vidyut

 

 

 

Sadan, Vidyut Nagar, Hisar.

 

 

 

 

 

 

Date of sale of tenders:

Date of submission of tenders: (Part – I and II)

Date of Opening of (Part-I) Date of Opening of Part-II

Terms & Conditions: -

07.01.2013 to 28.01.2013 up to 1:00 PM (in the office of AGM/CCC, DHBVN, Rajgarh Road, Hisar).

29.01.2013 upto 3.00 PM

In the Office of EO-cum

 

29.01.2013 at 3:30 PM.

DGM/Civil, DHBVN,

Shall be intimated separately. Vidyut Nagar, Hisar.

to qualifying bidders

 

1.A set of tender documents can be obtained from the office of AGM/Customer Care Centre, DHBVN, Rajgarh Road, Hisar on any working day on payment of Rs. 4000/- (Non Refundable) per set by depositing the fee in the office of AGM/CCC, Hisar. Earnest Money is to be deposited in the shape of Demand Draft in favour of E.O-cum-DGM/Civil, DHBVN, Hisar payable at Hisar. Tender is also available on our website www.dhbvn.com. Cost of Tender documents should be deposited with tender in the shape of Demand Draft in favour of EO- Cum-DGM/Civil, DHBVN, Hisar payable at Hisar in case tender documents are downloaded from website.

2.The Tenders shall be submitted in two parts in separate envelop Part-I will contain Earnest Money, cost of tender documents, tender documents duly signed all pages by bidder and documents in support of eligibility criteria. Part II will contain only Price Bid. Part II of tender of only eligible bidders will be opened who qualify Part-I.

3.DHBVN reserves the right to reject any or all the tenders without assigning any reason.

4.If the date of receipt/opening of tender happens to be a holiday, tenders shall be received/opened on the next working day.

EO-cum-DGM/Civil,

DHBVNL, Hisar.

4

CONDITIONS OF CONTRACT

1.Definitions and Interpretations

1.1Definitions

In the contract (as herein after defined), the following words and expressions shall have the meanings hereby assigned to them:

1.1.1“Commencement Date” means the date of signing of contract.

1.1.2“Conditions” means Conditions of Contract.

1.1.3“Contract” means agreement between the Employer and the Service Provider for the deployment of skilled / unskilled man power incorporating conditions, Service Provider’s price and other completed schedule, bid, Letter of Award and such further documents as may be expressly incorporated in the letter of award.

1.1.4“Contract Agreement” means the document recording the terms of the contract between the Employer and the Service Provider.

1.1.5“Contract Price” means the sum stated in the letter of Award as payable to the Service

Provider for execution and commissioning of the works and adjusted, after optimization, on the basis provided in the contract. It shall be the sum total of the entire amount entered by the Service Provider in the schedule of prices.

1.1.6“Service Provider” means the person who’s Bid has been accepted by the Employer

1.1.7“Service Provider Risk” means the risk defined in pursuant with corresponding clause.

1.1.8“Employer / Owner” means the DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED

(DHBVNL)

1.1.9“Force Majeure” has the meaning assigned to it under in pursuant with corresponding clause.

1.1.10”Gross Misconduct” means any act or omission of the Service Provider in violation of the most elementary rules of diligence, which a conscientious Service Provider in the same position and under the same circumstances would have followed.

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1.1.11“Letter of Award” means the formal award by the Employer of the bid incorporating any adjustments or variations to the bid agreed between the Employer and the Service

Provider.

1.1.12“Performance Security” means the security to be provided by the Service Provider in pursuant with corresponding clause for the due performance of the contract.

1.1.13 “Site” means the place or places, where service is to be provided by the Service Provider .

1.1.14 “Sub- Service Provider” means any person (other than the Service Provider) named in the contract for any part of the works or any person to whom any part of the contract has been subcontracted with the consent of the Employer and the Sub -Service Provider’s legal successors in title but not any assignee of the Sub-Service Provider.

1.1.15 “Performance Certificate” means the certificate to be given by the Employer to the Service Provider In pursuant with corresponding clause.

1.1.16“Bid” means the Service Provider’s priced offer to the Employer for the execution of the works.

1.1.17“Government” means the Government of Haryana.

1.1.18“Other Service Provider” means any party or parties having a direct contract with the Employer for the work outside the scope of this contract and shall include any sub Service Provider of this “other Service Provider.”

1.1.19“Engineers” shall mean the Chief Engineer concerned, DHBVN, ____________ to act as “Empowered Officer”, from time to time for the purpose of the contract.

1.2Written Communication:-

Wherever in the contract provision is made for communication to be “Written” or “in writing” this means any hand-written, type written or printed communication including

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telex, cable and facsimile transmission.

1.3Periods.

In these conditions “day” means calendar day, however, “working day” as used therein means all calendar days excluding Sunday and all legal holidays within India “Month and Year” and all dates shall be reckoned according to the Gregorian calendar.

2.0Assignment

2.1The Service Provider shall not assign the contract or any part of his obligations under the contract.

3.0Contract Documents

3.1Ruling Language

Where versions of the contract are prepared in different languages, the English version shall prevail.

3.2Day to Day communications

The day to day communications shall be in English or Hindi language.

4.Obligations of the Service Provider

4.1General Obligations

i.The Service Provider shall, in accordance with the contract, with due care and diligence, shall supply the human resource as per the requirement of

Divisional Engineer.

ii.The Service Provider shall be deemed to have carefully examined the bidding documents, the site and the existing installations, as applicable, and to have satisfied himself as to the nature and character of the work on which human resource to be deployed, the prevailing meteorological conditions as well as the local uses and conditions and any other relevant matters and details.

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iii.Any information received from the Employer shall not in any way relieve the contactor from his responsibility for executing his work in terms of the contract including all details which may not have been specifically mentioned in the contract but are necessary for ensuring efficient execution of the installations of DHBVNL

iv.On requisition of concerned XEN, the Division Head, the service provider will submit the list of workers eligible to be deployed on various sites as per site requirement. The qualification, experience and other requirements of a particular job position should be as per rules, policy framed by the DHBVNL from time to time.

v.Proper record of the engaged worker data base will be maintained by the service provider which may be submitted to the Chief Engineers / Circle

Superintending Engineer on demand. The engaged worker data base should provide the information about the profile of each worker deployed by the service provider along with the incumbency of the worker in the appropriate format to be mutually agreed between service provider and DHBVNL. The Service Provider shall certify regarding character antecedents of workers (as per attached Performa Annexure-III) deputed for deployment in DHBVNL.

vi.The service provider should be a license holder under the contract regulation and abolition Act,1970 and will abide by all the applicable labour laws for example Payment of Wages Act, Engaged workers Provident fund

Act, ESI etc. He will submit a monthly dossier with regard compliance of all statutory compliances as per the format enclosed along with documentary evidences of such compliances.

vii.The service providers should have obtained licence under ‘The Private

Security Agency (Regulation) Act, 2005 and submit the attested copy of licence in part-I bid. The service providers who have applied for renewal of licence shall also be eligible to participate in the bid and submit proof of having applied so in part-I in bid.

viii.The shifting of the man power deployed by the service provider will be done

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after taking the Circles Superintending Engineers into confidence and for valid reasons to be recorded in writing.

ix.The service provider will ensure that a strict discipline is observed by the staff deployed on the establishments / sites of the DHBVNL. However in case of unsatisfactory conduct and non-observance of discipline by any staff deployed by Service Provider, DHBVNL reserve the right to ask for immediate replacement of such an engaged worker.

x.The service provider will ensure that the persons deployed on DHBVNL establishments / sites have undergone adequate job training so that they can work with efficiency and chances of accident are avoided. The service provider will procure appropriate Group Insurance Cover of not less than insured value of Rs. 2.50 lacs per engaged worker.

xi.Any liability arising because of deployment of skilled labour by the service provider due to the act of the service provider himself or due to the act of the staff deployed will be borne by the service provider.

5.Contract Agreement

The Service Provider will have to execute a contract agreement with the DHBVNL on prescribed Performa (Annexure-IV) on N.J.S.P. worth Rs. 100/- with the

Executive Engineer of concerned division who will represent Principal Employer i.e. the Chief Engineer concerned, DHBVNL. The SDO of the concerned sub-division shall be deemed to be the Site In-charge and the Xen In-charge of the work shall be the Officer Incharge for execution of the contract.

6.Performance Guarantee

6.1The Service Provider shall furnish contract performance guarantee (s) for the proper fulfillment of the contract in the prescribed form within 15 days of “Notice of award of contract”. The performance guarantee (s) shall be in the following manner

6.2Performance Guarantee by way of demand draft/Bank Guarantee equivalent to two months’ salary including EPF, ESI, Service tax and all other components quoted in the bid document except premium of the number of persons deployed valid for 18 months from the date of award of contract shall be furnished by the successful

9

bidder immediately after the placement of order. No interest will be paid on this amount and the same will be released on completion of the contract on a demand raised by the Service Provider within 30 days of such request on the successful completion of contractual obligations on the part of Service Provider. This performance guarantee shall remain valid for entire contractual period. On the receipt report of DDO or on receipt of complaint, concerned Superintending Engineer DHBVNL, shall be the authorized person to get the Bank Guarantee en- cashed in the case of following defaults made by the Service Provider:

I.If the Service Provider fails to submit Pay rolls by 3rd of every month to concerned DDO with a copy to respective SDO incharge for verification to enable him

submission to DDO by 7th of that month.

II.If Service Provider has been found indulging in malpractices.

III.If Service Provider fails to discharge statutory obligations of relevant provisions of the various Acts and Notifications issued by Govt. of India and Govt. of

Haryana and of the contract.

IV. If the Service Provider fails to deposit by 7th of every month the obligatory contribution of ESI, PF, Service Tax and other statutory fund in the name of the concerned workers who have been engaged.

V. If the Service Provider violates the Tripartite Agreement executed between DHBVN, Service Provider and the Bank.

VI. The Service Provider shall keep proper record and time sheets showing the wages paid to and the time worked by all workmen employed by him in and for the performance of the contract and shall produce such wages’ books and time sheets on demand for inspection by any persons duly authorized by the

Employer and shall furnish to the Employer such information relating to the wages and conditions of employment of such workmen as the Employer or his duly authorized representative may from time to time require.

6.3The form of the performance Guarantee shall be as provided in (Annexure-VI) of this bidding document. In the event of any change in the contract price, the performance security shall be adjusted provided that such adjustment shall be subject to the approval of the Employer. The performance security shall be paid to the Employer on first demand without conditions or proof.

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7.Period of Validity

The performance security shall be valid until the Service Provider has successfully executed the work orders in accordance with the contract and has also discharged all statutory obligations of the contract and has also submitted the proof/certifications thereof issued by respective departments in respect of claims made by Service Provider.

8.Contract Price

8.1Sufficiency of Contract Price

The Service Provider shall be deemed to have satisfied himself of and taken account of in his bid, all the conditions and circumstances of supplying human resource, contributions toward statutory obligations of EPF, ESI, Insurance, Maternity benefits, Service tax, duties, income tax etc affecting the contract price specifically.

a.Salary as per D.C. rates payable to each category of engaged worker.

b.Statutory liabilities of the Service Provider (including engaged workers share).

c.Premium on D.C. Rates.

d.Deduction of taxes at source as per laws for the time being in force.

e.Any other component.

9.TERMS OF PAYMENT

The payment to the Service Provider for the performance of the works under the Contract will be made by the Owner as per the guidelines and conditions specified herein.

a.The service provider will ensure that wages, allowances and other dues of the staff deployed by him are paid in time as per service agreement with them and he will provide evidence of payment of dues of staff deployed in DHBVNL in the manner agreed upon between the parties. All the dues of the engaged workers will be liquidated through “ESCROW ACCOUNT” in the following manner:-

b.The Service Provider shall submit monthly payroll on the prescribed format attached at

Annexure -VII on or before by 3rd of every month to concerned DDO with a copy to respective SDO in-charge for verification to enable him reimbursement of payment

along with prescribed documents mentioned thereon.

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c.The payment of wages and other statutory benefits to workers shall be made as per detailed format by Service Provider through “ESCROW ACCOUNT operated under a Tripartite Agreement to be executed between DHBVNL, Service Provider and the Bank specifying stakes of each party and payroll submitted by the Service

Provider shall be forwarded to bank for making listed payments to stake holders.

d.It is obligatory on the part of the Service Provider to open the account of all the workers in one bank where payment can be remitted by him through ESCROW

ACCOUNT to the stake holders and to the obligatory contribution of ESI, PF,

Service Tax and other statutory fund in the name of the concerned workers who have been engaged.

10.DEDUCTION FROM CONTRACT PRICE

All costs, damages or expenses which the Owner may have paid, for which under the Contract the Service Provider is liable, will be claimed by the Owner. All such claims shall be billed by the Owner to the Service Provider regularly as and when they fall due. Such bills shall be supported by appropriate and certified vouchers or explanations, to enable the Service Provider to pay within Forty Five (45) days of the receipt of the corresponding bills and if not paid by the Service Provider within the said period, the owner may then deduct the amount, from any monies due or becoming due by him to the Service Provider under the Contract or may be recovered by actions of Law or otherwise.

11.Service Provider’s Representative

i.

The Service Provider shall, in addition to a project co-ordinator,

 

employ one or more competent representatives to superintend the

 

carrying out of the works on site. They shall be fluent in the language for

 

day to day communications. Their names shall be communicated in

 

writing to the Employer before work on site begins. At least one of the

 

Service Provider’s competent representatives on each site shall be fluent

 

in speaking, writing, reading and understanding English.

ii.Any instruction or notice which the Employer gives to the Service Provider’s representatives shall be deemed to have been given to the

Service Provider.

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12.Safety Precautions

The Service Provider shall ensure that persons deployed by him observe all applicable regulations regarding safety on the site.

13.Compliance with Statutes, Regulations.

The Service Provider shall in all matters arising in the performances of the contract, comply in all respects with, give all notices and pay all fees required by the provisions of any national or state statute, ordinance or other law or any regulations or by law of any duly constituted authority.

The contract shall in all respects be construed and interpreted in accordance with the laws in force in India, including any such laws passed or made or coming into force during the period of the contract.

The Service Provider shall keep proper record and time sheets showing the wages paid to and the time worked by all workmen employed by him in and for the performance of the contract and shall produce such wages’ books and time sheets on demand for inspection by any persons duly authorised by the Employer and shall furnish to the Employer such information relating to the wages and conditions of employment of such workmen as the Employer or his duly authorized

representative may from time to time require.

14.Restriction on Working Hours.

14.1Work shall be carried out on the Site round the clock on 8 hours shift duty basis i.e. 7 days a week.

14.2The Service Provider shall deploy only skilled engaged workers with experience of the particular type or work. No female labour shall be deployed after darkness. No person below the age of eighteen years shall be deployed. In case the Employer becomes liable to pay any wage or dues to the labour or any Government agency under any of provisions of the minimum wages act/D.C. rate, workmen compensation Act, Contract Labour Regulation Abolition Act or any other law due to act of omission of the Service Provider, the Employer may make such payments and can recover the same from the Service Provider’s bills.

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15.Damages

i.The Service Provider shall make good the defects or damage as soon as practicable and at his own cost to match the original specification to the satisfaction of the Employer in case loss is caused due to negligence of the engaged worker of the service provider.

ii.In case of any loss to property of DHBVNL takes place due to the negligence of contract staff of service provider, the liability to compensate for the loss shall

be that of the Service Provider. The Service Provider shall Ensure that the contract staffs found responsible for loss is withdrawn immediately and suitable replacement is provided. It is made clear that on three such events of negligence the contract can be terminated and the earnest money shall be forfeited. The Service Provider is also liable to face black listing if the contract is terminated under this clause.

16.Indemnity Bond

The indemnity bond shall be furnished by the Service Provider before commencement of the contracts as per Annexure-IV.

17.Mitigation of loss or Damage

In all cases the party claiming a breach of Contract or a right to be indemnified in accordance with the contract shall be obliged to take all reasonable measures to mitigate the loss or damage which has occurred or may occur.

18.Insurance

18.1Third Party Liability

The Service Provider shall insure against liability to third parties for any death or personal injury and loss of or damage to any physical property including the property of the Employer

i.Such insurance shall be affected before the Service Provider begins any work on the Site.

ii.The Service Provider shall supply Undertaking on Non-Judicial Stamp Paper that in case of any mishap he shall be responsible for the payment of all type of compensation to the labour as per provision under

various Acts such as workman compensation Act etc.

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18.2General Requirements of Insurance Policies

The Service Provider shall: -

a.Whenever required by the Employer, produce the policies or certificates of any insurance which he is required to effect under the contract together with receipts for the premiums.

b.Effect all insurances for which he is responsible with an insurer and in terms approved by the Employer, and

c.Make no material alterations to the terms of any insurance without the Employer’s approval. If an insurer makes any material alteration to the terms the Service Provider shall forthwith notify the Employer, and

d.In all respects comply with any conditions stipulated in the insurance policies, which he is required to place under the contract.

18.3Remedies on the Service Provider’s Failure to Insure

If the Service Provider fails to produce evidence of insurance cover as stated in pursuant to corresponding clause then the Employer may effect and keep in force such insurance. Premiums paid by the Employer for this purpose shall be deducted from the contract price.

19.General

19.1Termination for Employer’s Convenience

The Employer may at any time terminate the Contract for any reason by giving the

Service Provider a notice of termination.

20.Force Majeure.

20.1Definition of Force Majeure

Force Majeure means any circumstances beyond the control of the parties, including but not limited to:-

a)War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies. mobilisation, requisition or embargo;

b)Ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic

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explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;

c)Rebellion, revolution, insurrection, military or usurped power or civil war;

d)Riot, commotion or disorder, except where solely restricted to engaged workers of the Service Provider.

20.2Effect of force Majeure

Neither party shall be considered to be in default or in breach of his obligations under the contract to the extent that performance of such obligations is prevented by any circumstances of Force Majeure which arise after the date of the Notification of Letter of Award.

20.3Notice of Occurrence

If either party considers that any circumstances of Force Majeure have occurred which may affect performance of his obligations he shall promptly notify the other party.

20.4Performance to Continue

Upon the occurrence of any circumstances of Force Majeure the Service Provider shall endeavour to continue to perform his obligations under the contract so far as reasonably practicable. The Service Provider shall notify the Employer of the steps he proposes to make including any reasonable alternative means for performance which is not prevented by Force Majeure. The Service Provider shall not take any such steps unless directed so to do by the Employer.

20.5Additional Costs caused by Force Majeure

If the Service Provider incurs additional costs in complying with the Employer’s directions in pursuant to the relevant clause, the amount thereof shall be certified by the Employer and added to the Contract price.

20.6Termination in Consequence of Force Majeure

If circumstances of Force Majeure have occurred and shall continue for a period of 180 days then, not withstanding that the Service Provider may by reason thereof

have been granted an extension of Time for completion of the works, either party

16

shall by entitled to serve upon the other 30 days notice to terminate the contract. If at the expiry of the period of 30 days Force Majeure shall still continue the contract shall terminate.

21.Notice of Default

If the Service Provider is not executing the works in accordance with the contract or is neglecting to perform his obligations there under so as seriously

to affect the programme for carrying out of the works, the Employer may give notice to the Service Provider requiring him to make good such failure or neglect.

21.1Nature of Service Provider’s Default

If the Service Provider:-

a)has failed to comply within a reasonable time with a notice in pursuant to corresponding clause or

b)Assigns the contract or subcontracts the whole of the works

c)Becomes bankrupt or insolvent, has a receiving order made against him or compounds with his creditors, or carries on business under a receiver, trustee or manager for the benefit of his creditors or goes into liquidation.

The Employer may, after giving 15 days notice to the Service Provider, terminate the contract and expel the Service Provider from the site.

Any such expulsion and termination shall be without prejudice to any other rights or powers of the Employer, or the Service Provider under the contract.

The Employer may upon such termination out source human resource himself or by any other Service Provider.

21.2Statutory and other Regulations.

The contract price shall be adjusted to take account of any increase or decrease in cost resulting from changes in legislation of the country.

Legislation means any law, order, regulation on by-law having the force of law, which affects the Service Provider in the performance of his obligations under the contract, made after the date of notification of award and its acceptance.

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22.Notices

22.1Notice to Service Provider

All certificates, notices or written order to be given to the Service Provider by the Employer under these conditions shall be sent by airmail post, cable, telex or facsimile transmission to or left at the Service Provider’s principal place or business or such other address as the Service Provider shall notify for that purpose, or may be handed over to the Service Provider’s representative.

22.2Notices to Employer

Any notice to be given to the Employer under these conditions shall be sent by airmail post, cable, telex or facsimile transmission to or left at the respective address notified for that purpose in the letter of award, or handed over to the

Employer’s representative authorised to receive it.

22.3Minutes of Meetings.

Instructions or notice to the Service Provider and notice from the Service Provider to the Employer record in a minute or protocol signed by the authorised representative of the given and of the recipient of such notice or instruction shall be valid notice or instruction for the purposes of the contract.

23.Settlement of Disputes

23.1Any dispute (s) or difference (s) arising out of or in connection with the contract shall, to the extent possible, settled amicably between the parties.

23.2If any dispute or difference of any kind whatsoever shall arise between the owner and the Service Provider, arising out of the contract for the performance of the works whether during the progress for the works, or after its completion or whether before or after the termination abandonment or breach of the contract, it shall, in the first place, be referred to and settled by the Empowered Officer appointed by the owner, who, within a period of thirty (30) days after being requested by either party to do so, shall give written notice of his decision to the owner and the Service Provider.

23.3Unless as hereinafter provided, such decision in respect of any matter so referred

18

shall be final and binding upon the parties until the completion of the works and shall forthwith be given effect to by the Service Provider who shall proceed with the works with all due diligence, whether he or the owner required arbitration as hereinafter provided or not.

23.4If after the Empowered Officer has given written notice of his decision to the parties, no claim to arbitration has been communicated to him by either party within party (30) days from the receipt of such notice, the said decision shall become final and binding on the parties.

23.5In the event of the Empowered Officer failing to notify his decision as aforesaid within thirty (30) days after being requested aforesaid, or in the event of either the owner or the Service Provider being dissatisfied with any such decision, or within thirty (30) days after the expiry of the first mentioned period of thirty (30) days, as the case may be, either party may require that the matters in dispute be referred to arbitration as hereinafter provided.

24.Arbitration

24.1All disputes or differences in respect of which the decision, if any, of the Empowered Officer has not become final or binding as aforesaid shall be settled by arbitration in the manner hereinafter provided.

24.2The arbitration shall be conducted by three arbitrators, one each to be nominated by the Service Provider and the owner and the third to be appointed by both the arbitrators, who shall act as presiding arbitrator. Arbitration proceeding shall be conducted as provided in the arbitration & conciliation act 1996, or any statutory modification thereof. Arbitration shall be held either at Hisar or the Circle office headquarter, as the case may be

24.3No decision given by the Empowered Officer in accordance with the foregoing provisions shall disqualify him as being called a witness or giving evidence before the arbitrators on any matter whatsoever relevant to the disputes of difference referred to the arbitrators as aforesaid.

24.4During settlement of disputes and arbitration proceedings, both parties shall be obliged to carry out their respective obligations under the contract.

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25.Taxation:

25.1The Service Provider shall be entirely responsible for payment of all taxes, duties, licence fees etc. incurred until delivery or the contract supplied to the Employer.

25.2The Service Provider shall be solely responsible for the taxes that may be levied on the Service Provider’s persons or on earning of any of his engaged worker and shall hold the Employer indemnified and harmless against any claims that may be made against the Employer. The Employer does not take any responsibility whatsoever regarding taxes under income Tax Act, for the Service Provider or his person if it is obligatory under the provisions under the Indian Income Tax Act, deduction of Income Tax at source shall be made by the Employer.

26.0QUANTITY VARIATION:

The Empowered Officer of the Employer reserves the right to increase or decrease the man power requirement as per need.

In witness whereof, the parties hereto consent this agreement to be signed in their respective names as of the day & year first above written.

27.0T&P The contractor shall provide T&P items to each of the technical personnel like Hand Gloves, Pliers, Gum Boot, Rain Coats etc. without any extra cost to the owner.

28.0Scrutiny of Qualification / Credentials of Staff Provided

The contractor, before employing any personnel against any post under this contract, shall submit the qualification / experience proof and other credentials to the concerned circle office, which will then be scrutinized by a committee of concerned Executive Engineer, concerned SDO and the Divisional Accountant. Only those personnel will be employed by the contractor whose above stated credentials are cleared by the aforementioned committee.

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SIGNED, SEALED AND DELIVERED

 

For & on behalf of Service Provider

For & on behalf of DHBVNL

Signature

Signature

Name

Name

Designation

Designation

Address

Address

In the presence of

 

1.

 

2.

 

21

INSTRUCTION TO BIDDERS PART-2

1.0SCOPE OF BID: -

SE/ Admn., Dakshin Haryana Bijli Vitran Nigam Limited (DHBVNL), Hisar

(Haryana) hereinafter called ‘DHBVNL’/ ‘Owner’/ ‘the Employer’ wishes to receive Bids from the service provider for deployment of appropriate skilled human resource in DHBVNL as per detail below:

Sr. No.

Category of worker

Minimum Education Qualification

 

 

 

As specified in clause no 11.0 of sheet no. 46

22

Sr. No.

Name of Divn.

Requirement of Manpower

 

 

 

 

 

 

 

 

Supervisor

Armed Guard

Unarmed Guard

 

 

 

 

 

1

EO-Cum-DGM/Civil,

1

3

33

DHBVN, Hisar

 

 

 

 

 

2

XEN/T&M, DHBVN, Hisar

1

0

9

 

 

 

 

 

Note: Any other category of personnel required can be added by the concerned SE as per requirement

1.1The detailed scope of works has been described in detail in clause 2.0 sheet 40 to

42 of bidding documents.

1.2WORK SCHEDULE

1.2.1The successful Bidder immediately after award of contract is required to execute and sign contract within 7 days of issue of Letter of Award (LOA). In case bidder does not sign the contract with in the above stipulated period agreement, the owner/employer has right to forfeit the earnest money and consider the next eligible bidder for awarding work.

2.1Qualifying Requirements for Bidders:

a)The bidder shall be financially sound and must not be anticipating any ownership change during the period from Bid submission to two years after Commercial operation.

b)The service provider should be a license holder under the contract regulation

and abolition Act, 1970 and being the principle employer complies with the

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provisions of the all the labour laws vis. Minimum Wages Act, ESI, P.F.,

Maternity benefits etc. and ensure the compliance of the same.

c)The service providers should have obtained licence under ‘The Private Security

Agency (Regulation) Act, 2005 and submit the attested copy of licence in part-I bid. The service providers who have applied for renewal of licence shall also be eligible to participate in the bid and submit proof of having applied so in part-I in bid

d)The Service Provider should have provided at least 25% of the manpower

required from two years cumulative. Proof of number of the skilled personnel per month on an average provided to any employer during at least last two years shall be submitted by the contractor along with the bid . The tender form will be issued on the supply of copy of the valid license from the competent government department / agency and proof of having provided at least 25% of the manpower required from two years cumulative.

e)The Service Provider will submit the copy of valid registration certificate issued by the office of Provident Fund, ESI and Central Excise Department for Service Tax besides TAN Number in the name his firm/company.

f)The Service Provider should have complete data base of the human resource to be supplied by him including photograph, resumes, Identity Proof and the copy of the testimonials.

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g) The service provider should have the management team to ensure smooth

functioning of human resource supplied by him.

2.2FINANCIAL CRITERIA:

a.The bidder should have average annual turnover of at least INR 15.78 lacs

(30% of the total estimated annual contract value) Crores for the best two years out of last 5 years.

b.The Bidder should have liquid assets and/or evidence of access to or availability of credit facilities of not less than INR 5.26 lacs (10% of the total estimated annual contract value).

c.The successful bidder will submit the banker’s certificate stating that INR 5.26 lacs (10% of the total estimated annual contract value) of working capital will be kept reserve by the bank to be solely utilized for purpose of making payments of wages and statuary benefits to the workers on or before the 7th day of each month.

2.3Personnel Capability :

The Bidder should have the management team to ensure smooth functioning of human resource supplied by him.

2.4Bids may be submitted by one of the following:

A Private limited or a public limited company that meets all the qualification requirements set forth in pursuant to relevant clause

2.5To be qualified for award, bidders shall provide evidence satisfactory to the

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employer of their capability and adequacy of resources to carry out the contract

effectively. Bids shall include the following information :

a)Copies of original documents defining the constitution or legal status, place of registration and principal place of business, power of attorney in favour of the signatory of the bid.

b)Proof of total annual turnover of the last 5 years.

c)List of Contracts executed as Prime Service Provider of similar nature over the last 5 years and details of other works in hand and contractual commitments.

d)The qualification and experience of personnel proposed to be employed for executing the contract.

e)Reports on the financial standing of the bidder including profit and loss statements, audited balance sheets, credit reports of the last 3 years and an estimated financial projection for the next two years.

f)Evidence of access to lines of credit and availability of other financial resources.

g)Authority to seek information from the Bidder’s banks on the format attached.

h)Information regarding any current litigation in which the bidder is involved, the parties concerned and nature of dispute.

3.0ONE BID PER BIDDER

Each bidder shall submit only one bid. A bidder who submits more than one bid will be disqualified.

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4.0AMENDMENT TO BIDDING DOCUMENT:

4.1At any time prior to the deadline for submission of bids, the Owner may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Document by amendment(s).

4.2The amendment will be notified in writing or by telex or cable to all prospective

Bidders which have received the Bidding Document at the address contained in the letter of request for issue of bidding document from the Bidders. Owner will bear no responsibility or liability arising out of non-receipt of the same in time or otherwise.

4.3In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their bids, the Owner may, at its discretion, extend the deadline for the submission of bids.

4.4Such amendments, clarifications, etc. shall be binding on bidders and will be given due consideration by the Bidders while they submit their bids and invariably enclose such documents as a part of the bid.

5.0LANGUAGE OF BID

5.1The Bid prepared by the Bidder and all correspondence and documents relating to the bid, exchanged by the Bidder and the Owner, shall be written in the English language.

6.0DOCUMENTS COMPRISING THE BID

I.The Service Provider should be a license holder under the Contract Regulation and Abolition Act, 1970 and being the principle employer complies with the provisions of all the labour laws vis. Minimum Wages Act, ESI, P.F., service tax,

Maternity benefits etc. and ensure the compliance of the same. The Service

27

Provider will submit the documentary evidence of the previous transactions and valid copy of certificate/registration, permits, permissions and license issued by the competent authority of the concerned department. Service provider shall ensure that all such permits/permission/Licenses etc. are duly renewed, valid before submission with Bid Document.

IIThe service providers should have obtained licence under ‘The Private Security

Agency (Regulation) Act, 2005 and submit the attested copy of licence in part-I bid. The service providers who have applied for renewal of licence shall also be eligible to participate in the bid and submit proof of having applied so in part-I in bid.

IIIThe service provider will submit the list of workers eligible to be deployed on various substations. The qualification, experience and other requirements of a particular job position should be as per rules, policy framed by the DHBVNL from time to time.

IV The engaged worker date base having information about the profile of each

worker to be deployed by the service provider alongwith the incumbency of the worker in the appropriate format and character antecedents of workers (as per attached

Performa).

V

Prescribed Earnest Money in a separate envelope

VI

The proof of satisfactory execution of similar contracts if any.

VII

Price Bid in a outer sealed envelope duly subscribed by the name, subject and

 

opening date of tender enquiry.

 

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7.0BID PRICE

7.1Price quoted for in the bid form and schedule of prices attached at annexure-I shall be reasonable in the judgment of the employer. Under no circumstances, will a manifestly unbalanced bid be considered.

7.2The bidder shall complete the bid form and appropriate price and other schedules furnished in the bidding documents, indicating the services to be provided.

7.3The prices shall be quoted in Indian Rupees (INR) only.

8.0BID VALIDITY

8.1Bids shall remain valid for 120 days from the date of opening bid Part I or for 90 days from the opening of Price bid Part II, whichever is later.

8.2In exceptional circumstances, prior to expiry of the original bid validity period, the employer may request the bidders to extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by cable. A bidder may refuse the request without forfeiting its bid security. A bidder agreeing to the request will not be required or permitted to modify its bid, but will be required to extend the validity of its bid security for the period of the extension.

9.0TAXES AND DUTIES:

9.1The work contract tax and other Taxes and Duties, Levies, service tax etc shall payable by the bidders in respect of contract shall be paid by him.

9.2As regards the Income Tax, surcharge on Income Tax and other taxes including tax deduction at source, the Bidder shall be responsible for such payment to the concerned authorities within the prescribed period.

29

10.0Earnest Money:

10.1Each tender shall be accompanied with requisite Earnest Money of INR (1/2% of the total estimated annual contract value) lac. The amount deposited with the tender as Earnest Money shall be adjusted towards security deposit in case of successful bidder.

10.2The employer shall reject any bid not accompanied by an acceptable Earnest

Money.

10.3The Earnest Money of unsuccessful bidders will be returned at the earliest, but not later than 30 days after the expiry of the period of bid validity. In case of successful bidder the amount deposited with the tender as Earnest Money shall be adjusted towards bid security.

10.4The Earnest Money of the successful bidder will be returned when the bidder has signed the agreement and furnished the required performance security and security deposit.

10.5The Earnest Money may be forfeited

a)If the bidder withdraws its bid except as provided in pursuant to relevant clause

b)In case the successful bidder, if he fails within specified time limit to:

i)Sign the agreement.

ii)Furnish the required performance security.

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c)In case, the bidder submits the fraudulent documents to get qualified.

11.0BID SECURITY:

The successful bidder on receipt of letter of Award shall have to deposit a sum of

INR 52600/- (1% of the total estimated annual contract value) as bid security.

Earnest Money received with the bid document would be adjusted towards the bid security. The bid security could be forfeited and shall be released as per the conditions laid for the performance guarantee pursuant to corresponding clauses of bid document above. Interest will be paid on the security deposit on the successful completion of the contract equal to the base rate of SBI for 1 year loan prevailing on the date of award of the contract.

31

12.0 FORMAT OF BID:

12.1The Bidder shall prepare one original and two copies of the bid, clearly marking each “Original Bid” and “Copy of Bid”, as appropriate. In the event of any discrepancy between them, the original shall govern.

12.2The original and all copies of the bid shall be typed or written in indelible ink and

shall be signed by the Bidder or a person or persons duly authorised to bind the Bidder to the Contract. The letter of authorization shall be indicated by written Power-of-

Attorney accompanying the bid. All pages of the bid, except for un-amended printed literature, shall be initialled by the person or persons signing the bid.

12.3 The bid shall contain no inter-lineation, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialled by the person or persons signing the bid.

13.0SIGNATURE OF BIDS:

13.1The bid must contain the name, residence and place of business of the person or persons making the bid and must be signed and sealed by the Bidder with his usual signature. The names of all persons signing should also be typed or printed below the signature.

Bid by a Private Limited or a Public Limited company that meets all the qualification requirements set forth in pursuant to relevant clause. Or a public limited company must be furnished with full names of all Directors and be signed with the Director name, followed by the signature(s) and designation(s) of the authorised Director or other authorized representative(s).

32

13.2Bids by Corporation/Company must be signed with the legal name of the

Corporation/Company by the President, Managing Director or by the Secretary,

other person or persons authorized to bid on behalf of such Corporation/Company in

the matter.

13.3A Bid by a person who affixes to his signature the word `President`, `Managing

Director` `Secretary`, `Agent` or other designation without disclosing his principal will be rejected..

13.4Satisfactory evidence of authority of the person signing on behalf of the Bidder shall be furnished with the bid.

13.5The Bidder’s name stated on the proposal shall be the exact legal name of the firm.

13.6Bids not conforming to the above requirements of signing may be disqualified.

14.0SEALING AND MARKING OF BIDS:

14.1 The Bidders shall seal the original and each copy of the bid in three separate

envelopes, duly marking the envelopes as “original” and “copy” as under:-

iBid Proposal along with Schedules

iiBid Earnest Money.

These two envelopes will be sealed and placed in an outer envelope. The outer envelope shall be addressed to the Owner at the following address:

Estate Officer-cum-DGM/Civil,

Qtr. No. 242, Type-IV,

Dakshin Haryana Bijli Vitran Nigam Limited,

Hisar.

Phone: 01662-223126.

33

14.2The outer envelope will bear (the name of package, the specification number, and the words "DO NOT OPEN BEFORE ____________ ".

14.3Each inner envelope shall indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared “late” or “rejected”.

14.4If the outer envelope is not sealed and marked as required in sub clause15, the

Owner will assume no responsibility for the Bid’s misplacement or premature opening.

15.0 The Bid security and Bid Price Schedules and bid documents duly signed must be submitted in two separate sealed envelopes as detailed above and should be placed in the outer envelope alongwith envelope containing these two documents.

16.0DEADLINE FOR SUBMISSION OF BIDS:

16.1The Bidders have the option of sending the bid by registered post or submitting the bid in person. Bids submitted by telex/telegram/e-mail will not be accepted. No request from any Bidder to the Owner to collect the proposals from airlines, cargo agents etc. shall be entertained by the Owner.

16.2Bids must be received by the Owner at the address specified under para 15.1, not later than the time & date mentioned in the Invitation to Bid.

16.3The Owner may, at its discretion, extend this deadline for the submission of bids by amending the Bidding Document, in which case all rights and obligations of the Owner and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

34

17.0LATE BIDS:

17.1Any bid received by the Owner after the time & date fixed or extended for submission of bids prescribed by the Owner, will be rejected and/or returned unopened to the

Bidder.

18.0MODIFICATION AND WITHDRAWAL OF BIDS:

18.1The Bidder may modify or withdraw its bid after the Bid’s submission provided that written notice of the modification or withdrawal is received by the Owner prior to the deadline prescribed for submission of bids.

18.2The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of relevant clause.

18.3No bid may be modified subsequent to the deadline for submission of bids.

18.4No bid may be withdrawn in the interval between the deadline for submission of bids and the expiry of the period of bid validity specified by the Bidder on the Bid Form.

Withdrawal/modification of a bid during this interval may result in the forfeiture of its bid security.

19.0OPENING OF BIDS BY OWNER:

19.1The Owner will open bids in the presence of Bidders representatives (upto 2 persons) who choose to attend at the date and time for opening of bids in the Invitation to Bid or in case any extension has been given thereto, on the extended bid opening date and time notified to all the Bidders who have purchased the bidding documents. The Bidders` representatives who are present shall sign a register evidencing their attendance.

19.2The Bidder’s names, terms and conditions, modifications, bid withdrawals and the

35

presence or absence of the requisite bid security and such other details as the

Owner, at its discretion, may consider appropriate will be announced at the opening.

Bid Prices will be opened separately after technical and commercial evaluation of bids. The date & time of opening of the price bids will be intimated to all the bidders in advance by DHBVNL. The price bids shall also be opened in the presence of bidder’s representatives who choose to attend at the date & time of opening of price bid.

19.3No electronic recording devices will be permitted during the opening of bid as well as price bids.

20.0CLARIFICATION OF BIDS:

20.1To assist in the examination, evaluation and comparison of bids the Owner may, at its discretion, ask the Bidder for a clarification of its bid. The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought, offered or permitted.

21.0EXAMINATION OF BIDS:

21.1The Owner will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order. The price bid of only those bidders will be opened whose bids are found technically & commercially acceptable.

21.2The price furnished in various price schedules should be consistent with each other. In the case of any inconsistency in the price furnished in the specified price

schedules, the owner shall be entitled to consider the lowest prices for the purpose

36

of evaluation and award of contract. All arithmetical errors will be rectified on the

basis of the unit price or total price (in figures or in words) whichever is more

beneficial to the owner.

22.0DEFINITIONS AND MEANINGS:

For the purpose of the evaluation and comparison of bids, the following meanings and definition will apply.

`Bid Price` shall mean the base price quoted by each bidder in his proposal for the services of providing human resource as per the requirement of Dakshin Haryana Bijli Vitran Nigam Limited as defined in price schedules plus all statutory obligation of PF, ESI etc. and all applicable Taxes and premium/service charges payable to the bidder.

23.0COMPARISON OF BIDS:

23.1The bids shall be compared on the basis of total for the entire scope as given in Price Schedules.

23.2The evaluated bid prices of all the bidders shall be compared among themselves and as a result of this comparison, the lowest bid emerging after negotiations in

SHPPC/HPPC will be selected for award of the contract.

23.3The discount arising out of negotiation with SHPPC / HPPC will be indicated in the price schedule.

24.0CONTACTING THE OWNER:

Bids shall be deemed to be under consideration immediately after they are opened and until such time official intimation of award/rejection is made by the Owner to the

37

Bidders. While the bids are under consideration, Bidders and/or their representatives or the interested parties are advised to refrain from contacting by any means, the Owner and /or his engaged workers / representative on matters related to the bids under consideration. The Owner, if necessary, will obtain clarifications on the bids by requesting for such information from any or all the Bidders, in writing. Bidders will not be permitted to change the substance of the bids after the bids have been opened. Any effort by a bidder to influence the purchaser in any way may result in rejection of the bidder's bid.

25.0AWARD CRITERIA:

25.1The Owner will conduct negotiation on the offered rates with the successful bidder, whose bid has been determined to be substantially responsive and has been determined as the lowest evaluated bid, provided further that the bidder is determined to be qualified to perform the Contract satisfactorily. The Owner shall award the contract on the negotiated rates and the owner shall be the sole judge in this regard.

25.2Further, the Owner reserves the right to award contracts to two or more parties in line with the terms and conditions specified in the contract.

26.0OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

26.1The Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Owner’s action.

38

27.LETTER OF AWARD:

27.1Prior to the expiry of the period of bid validity and extended validity period, if any, the Owner will notify the successful Bidder in writing by registered letter or by cable or telex or FAX, to be confirmed in writing by registered letter, that its bid has been accepted.

27.2The notification of award will constitute the formation of the Contract.

27.3Upon the successful Bidder’s furnishing of performance guarantee in pursuant to relevant Clause the Owner will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant to corresponding clauses of bid document.

28.0SIGNING OF CONTRACT:

28.1Within Fifteen (15) days of the Notification of award the successful bidder shall, sign the contract agreement and submit required bid security & performance guarantee. In case successful bidder fails to do so the owner has right to reject his bid and can

forfeit the earnest money beside next eligible bidder would be considered for

award of contract.

29.0Disclosure of Operating Expenses:

The contractor shall, along with the bid, separately furnish details of operating expenses which he expects to incur on monthly & yearly basis to fulfill obligations under the contract. The employer may reject the bid not accompanied by such details of operating expenses.

30.0Sealed submission of Bids:

The bids will be submitted in two parts. Part – I shall comprise of Technical & Commercial bid and will be sealed in an envelope of appropriate size so as to avoid any tearing-off of any papers inside. The envelope will be super scribed at the top as “Part I

39

(Technical & Commercial) Bid for NIT No. _____________________, due for opening on

______________ “, and shall be addressed to EO-Cum-DGM/Civil, DHBVN, Hisar.

Part II shall comprise of Price Bid and shall be submitted duly sealed in a separate envelope super scribed at the top as “Part II (Price) Bid for NIT No.

____________________________ , DO NOT OPEN ALONG WITH PART I)

Earnest Money Deposit (EMD) as asked for in the bid shall be sealed in a separate envelope super scribed at the top as “EMD of INR ________________ against NIT No.

___________________________, due for opening on __________________”.

All the three sealed envelopes, as stated above, shall then be put in a bigger envelope, which shall be duly sealed clearly stating at the top the name of the Bidder, NIT No. & Opening Date & Time and addressed to EO-Cum-DGM/Civil, DHBVN, Hisar, listing the documents inside.

IN WITNESS WHEREOF, the Service Provider has hereunto set its hand through its authorised representative under the common seal of the Company, the day, month and year first above mentioned.

For and on behalf of

M/s ……………………………………………….

(Duly authorised to sign the tender on behalf of the Service Provider)

Name ……………………………….

Designation…………………………

Name of Co. …………………….(in Block Letters)

40

SCOPE OF BID / QUALIFICATION OF BIDDERS / INSTRUCTION TO BIDDERS

1.0INTRODUCTION:

1.1DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD., A Govt. of Haryana Undertaking (hereinafter referred to as, “DHBVN) intends to hire the services of an established & experienced agency for providing security & safety of its property, offices and residences at Vidyut Nagar Hisar.

2.0SCOPE OF SERVICE:

The scope of services to be provided by Security Agency shall include, but not be limited to, the following: -

For Vidyut Nagar, Hisar

1.0Providing security coverage to protect the property of DHBVN at all times against theft, burglary, damage by unwanted elements, unauthorized removal of documents and property etc from inside or outside the premises. The contractor shall be liable to reimburse the deptt. For any loss caused due to theft and damage to DHBVN.

2.0Providing safety cover to protect the Vidyut Nagar premises and their contents from damage by fire or water and prevent waste of material round the clock.

3.0Providing assistance to DHBVN in case of strikes, riots and labour unrest.

4.0Manning of security posts identified by DHBVN round the clock for performing watch and ward duties and such other duties as allotted by DHBVN management.

5.0Assisting and actively participating in removal of unauthorized occupants/encroachments from the premises of the DHBVN.

6.0Maintaining liaison with civil and police authorities of the area/district where security coverage is being given.

7.0Ensuring entry of the employees of the DHBVN/VIPs etc. into the premises under all conditions including hindrances, dharnas, strike and gherao etc. caused by any individual or group of persons.

8.0Checking all in-coming and out-going goods and vehicles from Vidyut Nagar Colony and maintaining their records.

41

9.0Ensuring compliance of safety regulations including smoking restrictions and to assist as directed by DHBVN in prevention of accidents.

10.0Any other duty regarding Security, Watch & Ward of Vidyut Nagar Colony assigned by DHBVN.

11.0At present 33 Nos unarmed, 1 No. Supervisor and 3 Nos. Armed Security Guards are required which can vary to any extent as per requirement.

12.01 No. Armed Security Guard shall be occasionally required to accompany MD/Director of DHBVN in out station at Delhi, Chandigarh, Punjab, therefore, 2 No. Armed Security Guards shall have licence for Arms valid in Haryana, Delhi, Chandigarh and Punjab state. Security Guard when out of station shall be paid Rs. 200/- per day extra when out of station with the senior officer.

13.0180 Nos. Solar Street Light system will be handed over to the contractor and he will be responsible for care of the batteries / panels etc. of Solar Street lights against theft burglary damaged by antisocial elements.

14.0Checking entry of stray cattle / animals in Vidyut Nagar Colony, DHBVN, Hisar.

15.0Deploy of security guards at entrance gates.

16.0Controlling movement of outsiders and visitors in parks etc. in Vidyut Nagar Colony, Hisar.

17.0To take charge of keys for locking of gates of Vidyut Nagar Colony, Hisar.

18.0Ensuring that all fire fighting equipments are in designated locations and useable conditions. All the guards should be trained to use the above equipments to control the fire break out if any.

19.0The uniform and kits for security persons will be provided by contractor at his own cost.

20.0Any other duty as may be assigned from time to time and as the need arises.

FOR VIDYUT SADAN, HISAR

(1)To provide security of Vidyut Sadan, Vidyut Nagar, Hisar, round the clock.

(2)To check entry of stray cattle / animals in the office complex.

(3)To deploy security guards at entrance gates.

42

(4)To keep record of vehicles coming in and going out from office complex, Vidyut Sadan, Vidyut Nagar, Hisar.

(5)Check of all incoming and outgoing goods and vehicles and maintaining their records.

(6)Ensuring compliance of safety regulations including smoking restrictions and to assist as directed by DHBVN in prevention of accidents.

(7)Controlling the movement of employees and visitors in office premises.

(8)To take charge of keys for locking and unlocking of office premises wherever required.

(9)Ensuring that all fire fighting equipments are in the designated locations and useable conditions. All the Guards should be trained to use the above equipments to control the fire if braek out.

(10)Any other duty as may be assigned from time to time and as the need arises.

(11)At present 9 Nos. Unarmed SECURITY Guards and 1 No. Supervisor are required which can vary to any extent as per requirement

The above list is not exhaustive. Any job/task required to be carried out in the interest of security / safety of DHBVN shall be deemed to be inclusive in the scope of contractor unless it has specifically been extended from the scope of the contractor.

3.0EMPLOYMENT/DEPLOYMENT OF SECURITY PERSONNEL:

3.1Criteria for employment/deployment

3.1.1The personnel deployed shall be physically and mentally fit and should have been medically examined. Security guard, if civilian will fulfill minimum physical standard for Police/Para Military Forces and must have passed minimum 10th standard.

3.1.2The contractor is bound to deploy 90% of the total deployment to be made under the contract from Ex-serviceman.

3.1.3In case the contractor fails to deploy the ex-serviceman background personnel as specified, it shall be treated as failure on the part of the contractor to perform the contract successfully and DHBVN reserves the right to terminate the contract. Further in such a case no payment for such deployment shall be made to the contractor by DHBVN unless otherwise specifically permitted by DHBVN.

3.1.4The Gunman to be deployed by contractor shall have valid Fire Arms & Ammunition License under the Arms Act.

43

3.2UNIFORM & KITS TO DEPLOYED PERSONNEL.

3.2.1All the personnel to be deployed by the Agency shall maintain smart turnout, bear name-plate and always be in uniform on duty.

3.2.2The contractor shall provide at its own cost, to the deputed personnel specified uniforms including head gear boots/shoes, torches with cells ( for night duties), weapons and ammunitions, canes, lathes, jerseys, coats for winter and other materials/ accessories/equipments needed for the security staff for their smart turnout and efficient performances of duties. In case of non-compliance of rules regarding uniform and other accessories during the contract period the warning in writing shall be issued by the DHBVN and a deduction @ Rs. 100/- per warning per person shall be made from the bills for that month.

3.2.3The contractor shall have to make his own arrangements for providing residential accommodations for its security personnel at all the places.

3.2.4The DHBVN will provide 5 Nos. CUG Mobile connection (SIM Card only) to the contractor for effective security of Vidyut Nagar Colony, Hisar free of cost which shall be returned back to DHBVN after completion of contract period. However payment of mobile bills shall be made by contractor himself.

3.3RECORDS REGARDING DEPLOYED PERSONNEL

3.3.1The contractor shall maintain proper registers at the site in respect of deployed personnel and paste photos of such personnel besides indicating their names, age permanent & temporary addresses.

3.3.2The contractor shall deploy security personnel on the basis of shifts and record attendance, leave etc. The register shall be maintained in the format & style as per the directives of authorized representative of DHBVN.

44

3.3.3The contractor is expressly prohibited in deploying security personnel beyond eight hours duration. Any violation of this provision will be viewed very seriously and shall be viewed as breach of contract. Overtime shall not be permitted barring exceptional circumstances.

3.3.4The deployed personnel shall mark their attendance either by card punching or by signing in register as per the instruction of authorized representative of DHBVN.

3.4VARIATION IN REQUIREMENT OF DEPLOYED OF PERSONNEL

The estimated requirement of security personnel shall be indicated in Letter of Award. However, strength of personnel deployed may be increased or decreased depending upon the exigencies of the services required, giving seven days notice to contractor. The contractor shall have to provide any increased manpower for required variation. The payment of increased manpower shall be regulated depending upon the actual deployment of personnel in line with the specified payment terms and unit rates in the L.O.A.

3.5TRAVELLING & ACCOMMODATION OF DEPLOYED PERSONNEL.

3.5.1All traveling expenses including provisions of all necessary transport to and from site, allowances and arrangement and other payments to the contractor’s employees / deployed personnel shall be the sole responsibility of the contractor.

4.0DISCIPLINE OF SECURITY PERSONNEL:

4.1The rules and regulations laid down by DHBVNL shall be adhered by Employees/security personnel to be deployed by contractor.

4.2If in the opinion of the DHBVN’s authorized representative, any of the contractor’s employees has mis-conducted himself or is incompetent or negligent or otherwise undesirable, then the contractor shall immediately remove that employee and provide in his place a competent replacement.

4.3The contractor & its security staff will not have any business connection with any firm/agencies directly associated with DHBVN.

45

4.4 The contractor shall be responsible and liable for the loss that DHBVN may incur on account of acts of omission or/and commissions of security staff of the contractor. The decision of DHBVN officer in-charge of security shall be final and binding in all such cases.

5.0FIRE PROTECTION AWARENESS

5.1The contractor shall ensure that all the security personnel to be deployed are trained for fire- fighting and fire protection duties and in the event of a fire, the security personnel shall perform such duties as may be assigned to them by DHBVN representative besides taking emergency fire control measures.

6.0CONTRACTOR’S SITE REPRESENTATIVE.

6.1Amongst the deployed personnel or separately, the contractor shall nominate its authorized representative (Supervisor) for the purpose of contract. Any written order or instructions of DHBVN shall be communicated to the said authorized resident representative of the contractor and the same shall be deemed to have been communicated to the contractor at his legal address.

7.0TIME PERIOD FOR CONTRACT

7.1The initial period of contract for providing security services shall be 1 (One) years reckoned from the day as specified in the letter of award.

7.2The contract period can be extended by one more year after expiry of above Referred 1 (One) years on same rates, terms and conditions in case DHBVN finds the satisfactory service of the service provider. DHBVN reserves the right to exercise this contract period extension provision within 30 days after the expiry of contract period of 1 (One) years.

7.3The contractor shall deploy the security personnel accordingly.

7.4The successful bidder on award of work shall commence with the work within 10 days of award of work for security of Vidyut Nagar, Hisar security of Vidyut Sadan, HIsar.

8.0House accommodation may be provided for stay of Security Guards in Vidyut Nagar Colony at market rent if accommodation is available which shall be vacated before completion of contract period.

9.0Details of the Security Guard deployed at various locations shall be supplied at least one week in advance in the form as under.

(I)Name of Guard.

46

(II)Father Name

(III)Permanent Address

(IV)

Present address

(V)Whether Ex-service man or not.

(VI)

Copy of proof of Ex-service man

(VII)

Proof of date of birth of Guard

(VIII)

Place of duty i.e. gate No/area of place of duty.

(IX)

It is to be certified that security Guard engaged is not involved in any unlawfully activity

 

in the past.

10.0 Copy of Duty Roaster for the coming month will be submitted in advance to AEE incharge containing Name of Guard, Father Name, address, proof for Exservice man etc.

11.0QUALIFICATIONS OF GUARDS:

1.0For Security Guards / Supervisor

a)

If Ex-serviceman

:

 

 

 

(i)

Should be below 55 years in age & should have served in Military directly

in

active

 

 

service and not in support service like barber, fitter etc.

 

 

(ii)Minimum 8th Pass for guard & minimum 10th pass for Supervisor.

b)

If Civilian

:

 

Minimum Qualification :

 

(i)

Minimum Matric Pass with 01 year experience as security Guard/Darban, Watchman.

 

(ii)

Should be 25 to 45 in age and married person.

NOTE: In exceptional cases, the above eligibility criteria for civilian security Supervisor/Guards can be relaxed with specific approval of the Owner.

EO-Cum-DGM/Civil,

DHBVN, Hisar.

47

Price Bid (to be filled in duplicate)

Original

Annexure-I

 

 

 

 

 

Sr

Description Of Item

 

To be paid by

Reimbursement by

No

 

 

 

 

DHBVNL to the

 

 

 

 

Contractor to the

contractor

 

 

 

 

 

persons to be deployed

 

 

1

Wages in Respect of for

 

As per list of DC Rate of

As per list of DC Rate of

 

the category of the

 

 

person to be provided

 

District Hisar

District Hisar

 

like

 

 

for the category of the

for the category of the

 

Security Guards

 

person to be provided

person to be provided

 

 

 

 

valid for the year

valid for the year

 

 

 

 

2013-14 & 2014-15.

2013-14 & 2014-15.

 

 

 

 

 

 

2

Statutory liabilities of the

 

 

 

 

 

contractor (Including

 

@ As Applicable at the

@ As Applicable at the

 

employer share such as

 

time of payment of wage

time of payment of wage

 

EPF, ESI etc. if any)

 

( As per the Govt.

( As per the Govt.

 

i)

EPF

 

Notification )

Notification

)

 

ii)

ESI

 

 

 

 

3

Service Tax

 

 

 

 

4

Service Charges Of the

 

 

 

 

 

Service Provider

 

Service Charge @________% of the

 

(Quotation of rate should

 

wages as per approved list of DC Rate of

 

be inclusive of all other

 

District Hisar valid for the year

 

 

 

 

2013-14 & 2014-15 for the category of the

 

component & obligations

 

person to

 

 

 

of the Service provider

 

be provided.

 

 

 

provided in the bid

 

 

 

 

 

document and Deduction

 

%age Service Charge in quoted above in

 

of taxes at source as per

 

words (______________________________

 

laws for the time being in

 

 

 

 

 

 

 

force)

 

 

_______________________________)

(Signature and Seal of Bidder)

Name & Designation of Authorized Bid Signatory__________________

Seal of Company

Note

Quoted rates should remain valid for 120 days from the date of opening.

48

Price Bid (to be filled in duplicate)

Original

Annexure-I

 

 

 

 

 

Sr

Description Of Item

 

To be paid by

Reimbursement by

No

 

 

 

 

DHBVNL to the

 

 

 

 

Contractor to the

contractor

 

 

 

 

 

persons to be deployed

 

 

1

Wages In Respect Of for

 

As per list of DC Rate of

As per list of DC Rate of

 

the category of the

 

 

person to be provided

 

District Hisar

District Hisar

 

like

 

 

for the category of the

for the category of the

 

Security Guards

 

person to be provided

person to be provided

 

 

 

 

valid for the year

valid for the year

 

 

 

 

2013-14 & 2014-15.

2013-14 & 2014-15.

 

 

 

 

 

 

2

Statutory liabilities of the

 

 

 

 

 

contractor (Including

 

@ As Applicable at the

@ As Applicable at the

 

employer share such as

 

time of payment of wage

time of payment of wage

 

EPF, ESI etc. if any)

 

( As per the Govt.

( As per the Govt.

 

i)

EPF

 

Notification )

Notification

)

 

ii)

ESI

 

 

 

 

3

Service Tax

 

 

 

 

4

Service Charges Of the

 

 

 

 

 

Service Provider

 

Service Charge @________% of the

 

(Quotation of rate should

 

wages as per approved list of DC Rate of

 

be inclusive of all other

 

District Hisar valid for the year

 

 

 

 

2013-14 & 2014-15 for the category of the

 

component & obligations

 

person to

 

 

 

of the Service provider

 

be provided.

 

 

 

provided in the bid

 

 

 

 

 

document and Deduction

 

%age Service Charge in quoted above in

 

of taxes at source as per

 

words (______________________________

 

laws for the time being in

 

 

 

 

 

 

 

force)

 

 

_______________________________)

(Signature and Seal of

Bidder) Name & Designation of Authorized Bid

Signatory__________________

Seal of

Company

49

Note

Quoted rates should remain valid for 120 days from the date of opening.

Annexure –II

PERFORMA OF LETTER OF UNDERTAKINGS (To be submitted by the bidder alongwith his Bid)

(To be executed on non-judicial paper of requisite value)

Ref: ……………………..

Date: ………………………………

To

EO-CUM-DGM/CIVIL,

DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED HISAR.

Dear Sirs,

1.I*/We* have read and examined the following bid documents relating to the

………………………………(full scope of work)

a)Notice Inviting Tender.

b)Instructions to bidders.

c)Conditions of Contract along with Annexures.

2.

I*/We* hereby submit our Bid

and undertake to

keep our

Bid Valid

for a

period of

 

90 days from the date of opening of Price Bid and 120 days from the date of opening of bid,

 

whichever is later. I*/We* hereby

further undertake

that during

said period

I/We

shall not

vary/alter or revoke my/our bid.

This undertaking is in consideration of DHBVNL agreeing to open my Bid and consider and

evaluate the same for the purpose of award of contract in terms of provisions of bidding documents.

Should this Bid be accepted, I/We also agree to abide by and fulfill all the terms, conditions of provision of the above mentioned bid documents.

Signature alongwith Seal of Co.

………………………………………

(Duly

authorised

to Sign the

tender

on behalf of the Service Provider)

Name ……………………………….

Designation…………………………

Name of Co. …………………….

50

 

 

(in Block Letters)

WITNESS

 

 

Signature

…………………………………….

Date & Postal Address

Date

…………………………… ……… ……………………………………….

Name & Address ………………………………

……………………………………….

……………………………………………………

Telegraphic Address

……………………………………………………

……………………………………….

……………………………………………………

……………………………………….

Telephone No. ………………………

Telex No…………………………….

*Strike out whichever is not applicable

51

Annexure-III

 

 

 

CHARACTER ANTECEDANT :

 

1.

Name of Person

 

 

 

2.

Father’s Name

 

 

 

3.

Permanent Home Address

 

 

4.

Residential Home Address

 

 

5.

Educational Qualification

 

 

 

 

 

 

 

 

Sr.

Examination

 

%age of marks

Name of the

Year of Passing

No

passed

 

Obtained

Institution

 

 

 

 

 

 

 

6.

Nationality

 

 

 

7.

Religion

 

 

 

8.

Date of Birth

 

 

 

9.

Mark of Identification.

 

 

10.

Bank A/C No. & Detail

 

 

11.

P.F A/C No. & Detail

 

 

12.

GIS A/C No. & Detail

 

 

13.

ESI A/C No & Detail

 

 

 

14.

Pan No

 

 

 

15.

Experience

 

 

 

I6.

Have you ever been convicted by the court for any offence?

 

If so give detail.

I further certify that the above information is true to the best of my knowledge & belief and nothing has been concealed therein.

Signature of the worker.

Certified that I have got above particulars verified through my own sources. I herby stand guarantee about good conduct & behaviour of the workman.

Signature of the Service Provider.

52

ANNEXURE-IV

PROFORMA OF “AGREEMENT”

(To be executed on non-Judicial stamp paper)

This agreement made this …………………….. day of ………………………. Two thousand

……………………….. between Dakshin Haryana Bijli Vitran Nigam Limited (hereinafter referred to as “Owner” or DHBVNL which expression shall include its administrators, Company incorporated under the Companies Act, 1956) on the one part and …………………………….. having its registered office at ……………………… (here in after referred to as the “Service Provider” or

………………….”X”…………… name of the Contracting Company which expression shall include its administrators, successors, executors and permitted assigns) of the other part.

WHEREAS DHBVNL is desirous of outsource security guards invited bids from Service Providers, and whereas

………………………. ‘X’ ……………… had participated in the above referred bidding vide their proposal No. …………………. Dated……………. and awarded the contract to

…………………….”X”…………………. on terms and conditions, documents referred to therein, which have been accepted by …………………..”X” ………………………resulting into a “contract”.

NOW THEREFORE THIS DEED WITNESSETH AS UNDER.

1.0Article ………………………………

1.1Award of Contract ………………………………

DHBVNL has awarded the contract to ……………….”X”……………for the work of …………

on terms and conditions contained in its letter of award No. ……….. Dated …………. and the documents referred to there in. The award has taken effect from aforesaid letter of award. The terms and expressions used in this agreement shall have the same meaning as are assigned to them in the “Contract Documents” referred to in the succeeding article.

2.0CONTRACT DOCUMENTS

The contract shall be performed strictly as per the terms and conditions stipulated herein and in the following documents attached herewith (herein after referred to as “Contract Documents”)

53

i)DHBVNL bidding documents in respect of Invitation to Bid, Instructions to Bidders, Conditions of Contract and all other sections including all amendments vide its letter(s) No(s) ………………… dated…………………….. .

ii)Agreed Minutes of the Meeting held on ……………………….. between DHBVNL and “X”.

iii)DHBVNL’S letter of award No……………………… dated ………………..duly accepted by “X” and detailed award No……………………..dated………

All the aforesaid contract documents shall form an integral part of this agreement, in so as the same or any part conform to the bidding documents (Vol-I & ll) and what has been specifically agreed to by the owner in its letter of award. Any matter inconsistent therewith, contrary or repugnant there to or any deviations taken by the Service Provider in its “Bid Proposal”, but not agreed to specifically by the owner shall not form part of this agreement. For the sake of brevity this agreement along with its aforesaid contract documents shall be referred to as the “Agreement”.

3.0CONDITIONS AND COVENANTS

3.1The scope of the contract, consideration, terms of payment, taxes, wherever applicable, insurance, liquidated damages, performance guarantee and all other terms and conditions are contained in DHBVNL’s letter of award No…………… dated…………….. read in conjunction with other aforesaid contract documents. The contract shall be duly performed by the Service Provider strictly and faithfully in accordance with the terms of the agreement.

3.2The scope of work shall also include supply & installation of all such items which are not specifically mentioned in the contract documents, but which are needed for successful, efficient, safe and reliable operation of the equipment unless otherwise specifically excluded in the specifications under “exclusions” or Letter of Award.

3.3 TIME SCHEDULE

3.3.1Time is the essence of the contract and schedules shall be strictly adhered to and “X” shall perform the work in accordance with the agreed schedule.

3.4It is further agreed by the Service Provider that the Contract performance guarantee shall in no way be construed to limit or restrict the owner’s right to recover the damages/compensation due to short-fall in the equipment performance figures as stated above or under any other clause of the Agreement. The amount of damages/compensation shall be recoverable either by way of deduction from the contract price, contract performance guarantee and/or otherwise.

The contract performance guarantee furnished by the Service Provider is irrevocable and unconditional and the owner shall have the powers to invoke it notwithstanding any dispute or difference between the owner and the Service Provider pending before any court, tribunal, arbitrator or any other authority.

54

3.5This agreement constitutes full and complete understanding between the parties and terms of the presents. It shall supersede any prior correspondence, terms and conditions contained in the agreement. Any modification of the agreement shall be effected only by a written instrument signed by the authorised representative of both the parties.

4.0SETTLEMENT OF DISPUTES

It is specifically agreed by and between the parties that all the differences or disputes arising out of the Agreement or touching the subject matter of the Agreement shall be decided by the process of settlement & arbitration as specified in clause 50 and 51 of the Conditions of Contract & of the provisions of the Indian Arbitration and Conciliation Act 1996 shall apply and _____________courts alone shall have exclusive jurisdiction over the same.

4.1.1NOTICE OF DEFAULT

Notice of default given by either party to the other party under Agreement shall be in writing and shall be deemed to have been duly and properly served upon the parties hereto if delivered against acknowledgement or by telex or by registered mail with acknowledgement duly addressed to the signatories at the addresses mentioned herein above.

IN WITNESS WHEREOF, the parties through their duly authorised representatives have executed these presents (execution where of has been approved by the competent authorities of both the parties) on the day, month and year first above mentioned at Hisar.

Signed, sealed and Delivered by the

FOR AND ON BEHALF OF DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD.

NAME

:

 

TITLE

:

EO-cum DGM/Civil,

 

 

DHBVNL, Hisar.

55

IN THE PRESENCE OF

FOR AND ON BEHALF OF THE SERVICE PROVIDER (NAME & ADDRESS OF THE FIRM)

NAME :

TITLE :

IN THE PRESENCE OF

Note :-

56

Annexure –V

Page 1 of 2

PERFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE SERVICE PROVIDER FOR THE

EQUIPMENT HANDED OVER BY DHBVN FOR

PERFORMANCE OF ITS CONTRACT

(Entire Equipment consignment in one lot) (On non-Judicial stamp paper of appropriate Value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this ………………………………day of …………… 20………….. by

…………………………… a Company registered under the Companies Act, 1956/Partnership firm/proprietary concern having its Registered Office at ………………………………(hereinafter called as ‘Service Provider’ or ‘Obligor’ which expression shall include its successors and permitted assigns) in favour of Dakshin Haryana Bijli Vitran Nigam Limited, ____________

……………………………………... (hereinafter called DHBVNL which expression shall include its successors and assigns).

WHEREAS DHBVNL has awarded to the Service Provider a Contract for ……………………… vide its Letter of Award/Contract No. ……………………………… dated ……………… and its Amendment No.

……………………………… ……..and Amendment No. ………………………………(applicable when amendments have been issued, hereinafter called the ‘Contract’) in terms of which DHBVNL is required to hand over various Equipment to the Service Provider for execution of the Contract.

And WHEREAS by virtue of clause No16 of the said Contract, the Service Provider is required to execute an Indemnity Bond in favour of DHBVNL for the

NOW THEREFORE, This Indemnity Bond witnesseth as follows:

1.The Service Provider undertakes to keep DHBVNL harmless against any loss or damage that may be caused to DHBVNL on a/c of act by persons deployed by him.

2.The Service Provider undertakes that the Persons deployed shall be used exclusively for the performance/execution of the Contract strictly in accordance with its terms and conditions and none part of the person shall be utilized for any other works or purpose whatsoever. It is clearly understood by the Service Provider that non-observance of the obligations under this Indemnity Bond by the Service Provider shall inter- alia constitute a criminal breach of trust on the part of Service Provider for all intents and purposes including legal/penal consequences.

3.That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipment or the same or any part thereof is mis-utilised in any manner whatsoever, then the Service Provider hereby agrees that the decision of Engineer-in-Charge/Engineer of DHBVNL at to assessment of loss or damage to the Equipment shall be final and binding on the Service Provider. The Service Provider binds itself and undertakes to replace the lost and/or damaged

57

Equipment at its own cost and/or shall pay the amount of loss of DHBVNL without any demur, reservation or protest. This is without prejudice to any other right or remedy that may be available to DHBVNL against the Service Provider under the contract and under this Indemnity Bond.

4.NOW THE CONDITION of this Bond is that if the Service Provider shall duly and punctually comply with the terms and conditions of this Bond to the satisfaction of DHBVNL THEN, the Bond shall be void, but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Service Provider has hereunto set its hand through its authorised representative under the common seal of the Company, the day, month and year first above mentioned.

Fore and on behalf of

M/s ……………………………………………….

WITNESS

 

 

1.

1.

Signature ……………………….

Signature ………………………….

 

2.

Name …………………………..

Name ……………………………..

 

3.

Address ………………………..

Designation ……………….………

 

 

…………………………………..

Authorised representative

1.1. Signature ……………………….

2.

Name …………………………..

(Common Seal)

3.

Address ………………………..

(In case of Company)

…………………………………..

* Indemnity Bonds are to be executed by the authorised person and (I) in case of contracting Company under common seal of the Company or (ii) having the Power of Attorney issue under common seal of the company with authority to execute Indemnity Bonds, (iii) In case of (ii), the original Power of Attorney if it is specifically for this contract or a Photostat copy of the Power of Attorney if it is General Power of Attorney and such documents should be attached to Indemnity Bond.

58

Annexure –VI

Page 1 of 3

PERFORMA OF BANK GUARANTEE FOR

CONTRACT PERFORMACE

(To be stamped in accordance with stamp Act)

Ref: ……………………..

Bank Guarantee No………………

 

Date: ………………………………

To

 

SE/ADMN.,

DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED,

HISAR.

Dear Sirs,

In consideration of DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED, (hereinafter referred to as the ‘Owner’ which expression shall unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s…………………………………………….. with its Registered/Head office at……………………………… (hereinafter referred to as the ‘Service Provider’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract by issue of Owner’s letter of Award No.

……………………………………….dated …………………….and the same having been unequivocally accepted by the Service Provider, resulting into a contract bearing No. ………………dated …………

valued at ………………….. for …………………….. (scope of contract) and the Service Provider having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to …………………………… * ……………….(%) …………per cent) of the said value of the Contract to the Owner.

We, ……………………………………………………………………………………………. (Name and Address of the Bank)

having its Head Office at ………………………….. (hereinafter referred to as the ‘Bank’ which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Owner, on demand any and all monies payable by the Service Provider to the extent of……………………………………………as aforesaid at any time upto……………………………………….(days/month/year) without any demur, reservation, contest, recourse or protest and/or without any reference to the Service Provider.

59

Annexure –VI

Page 2 of 3

Any such demand may by the owner on the Bank shall be conclusive and binding notwithstanding any difference between the Owner and the Service Provider or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The bank undertakes not to revoke this guarantee during its currency without previous consent of the Owner and further agrees that the guarantee herein contained shall continue to be enforceable till the Owner discharges this guarantee.

The Owner shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee, from time to time to extend the time for performance of the contract by the Service Provider. The Owner shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Service Provider and to exercise the same at any time in any manner, and either to enforce or to for bear to enforce any covenants, contained or implied in the Contract between the Owner and the Service Provider or any other course or remedy or security available to the Owner. The bank shall not be released of its obligations under these presents by any exercise by the Owner of its liberty with reference to the matters aforesaid or any of them or by reason of any other act of omission or commission on the part of Owner of any other indulgences shown by the Owner or by any other matter or thing whatsoever which under law would, but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Service Provider and notwithstanding any security or other guarantee the Owner may have in relation to the Service Provider’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is restricted to

……………………….. and it shall remain in force upto and including ……………………………. and

60

Annexure –VI

Page 3 of 3

shall be extended from time to time for such period, as may be desired by M/s

………………………………………….. on whose behalf this guarantee has been given.

Dated this ………….…day of……………….20………………at………………………

WITNESS

 

. ……………………………

……………………………

♦

(Signature)

(Signature)

. ……………………………

……………………………

♦

(Name)

(Name)

♦

(Official Address)

(Designation with Bank Stamp)

Attorney as per Power

of Attorney No…………………

Date : …………………….

NOTE :

1.The stamp papers of appropriate value shall be purchased in the name of issuing bank.

61

Annexure –VI a

Page 1 of 1

PERFORMA OF EXTENSION OF BANK GUARANTEE

Ref: ……………………..

Date: ………………………………

To

SE/ADMN.,

DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED,

HISAR.

Dear Sirs,

Sub : Extension of Bank Guarantee No……………………… for Rs. …………………… favouring yourselves, expiring on ….……………………….. on account of M/s…………………………….in respect of Contract No.…………………………………… dated

………………… (hereinafter called original Bank Guarantee).

At the request of M/s ……………………………………, We ……………………………… Bank, branch office at ……………………… and having its Head Office at …………………………do hereby extend our liability under the above mentioned Guarantee No. …………………. dated ……………… for a further period of …………. Years/Months from ………………….to expire on …………………. except as provided above, all other terms and conditions of the original Bank Guarantee No. ………………….

dated …………………. shall remain unaltered and binding.

Please treat this as an integral part of the original Bank Guarantee to which it would be attached.

Yours faithfully,

For ………………….………………….

Manager/Agent/Accountant

Power of Attorney No. ………………….

Dated ………………….

SEAL OF BANK

NOTE: The non-judicial stamp paper of appropriate value shall be purchased in the name of the bank who has issued the Bank Guarantee.

62

ANNEXURE-VII

 

1. Name of Department ......................................................

 

 

 

 

 

 

 

 

 

 

 

 

2. Name of Contractor ........................................................

 

 

 

 

 

 

 

 

 

 

 

 

3. (a) Licence No. ............

under Contract (Regulation & Abolition) Act, 1970.....................

 

 

 

(b) Validity expires on ......................

 

 

 

 

 

 

 

 

 

 

 

 

4. MONTH

 

 

YEAR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No.

Name of

Skilled/un

Amount

Payment

 

ESI

Amount deposited Ch. No

Engaged

 

 

 

Of

Engaged

skilled

of

made vide

 

code of

 

 

 

workers

PF deposited Cheque No

Emp

workers

worker

wages

Cheque

 

Engage

 

 

 

P.F. No

 

 

 

 

 

 

 

No./Account

 

d

 

 

 

 

 

 

 

 

 

 

 

No of

 

workers

 

 

 

 

 

 

 

 

 

 

 

Engaged

 

 

Employ

Engage

Chall

 

Employ

Engage

Challa

 

 

 

 

Worker

 

 

ers

d

an

 

er’s

d

n No.

 

 

 

 

 

 

 

contrib

worker

No.

 

contrib

workers

 

 

 

 

 

 

 

 

ution

s

 

 

ution

contrib

 

 

 

 

 

 

 

 

 

contrib

 

 

 

ution

 

 

 

 

 

 

 

 

 

ution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

63

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