Tender 120
Tender 120
GOVERNMENT OF INDIA
NOIDA
TENDER DOCUMENT
FOR
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Directorate General of Hydrocarbons
Ministry of Petroleum & Natural Gas
Govt. of India, India
Phone No : (+91)-120-2472000 Office of : Director General (DGH)
Tele Fax : (+91)-120-2472049 OIDB Bhawan, Tower A, Plot No. 2,
Sector – 73, NOIDA-201301, INDIA
FORWARDING LETTER
To,
__________________________________________________
__________________________________________________
Dear Sir,
1.0 Open Indigenous Competitive Basis tender under two bid system are invited in e-
form from prospective Bidders through CPP e-bidding portal at
https://eprocure.gov.in/eprocure/app for the above said service/work/supply/job, as
per Annexure-IV at DGH, Noida at OIDB Bhawan. The salient features of the tender are:
4.0 Bidders must submit their bid online at Government of India’s Public
Procurement Portal https://eprocure.gov.in/eprocure/app. No physical bids will
be accepted.
5.0 Bidders are requested to go through the complete bid documents and the
eligibility criteria under the Bid Rejection Criteria, Scope of work/supply etc. in
particular before bid submission.
6.0 Two Bid system is being followed in this tender. Bidders should take due care to
submit their bids in accordance with the requirement and as per the instructions
given in the tender document(s). Instructions to bidders regarding “Submission of
bid” are described at Cl. No. 7.0 of Annexure-I of bid document.
8.0 DGH reserves the right to cancel the tender or reject / accept any / all bids
without assigning any reason.
9.0 DGH expects the bidders to comply with the tender specifications, terms &
conditions of the tender and submit their bid accordingly without any exceptions
/ deviations. Conditional bids indicating exceptions/ deviations to the tender
clauses shall be rejected summarily.
10.0 Other details and terms/conditions are as per the following Annexure I - VI.
You are invited to submit your e-bid against the above tender.
Thanking you,
HOD (MM)
For Directorate General of Hydrocarbons
Encl: As above
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ANNEXURE-I
INSTRUCTIONS TO BIDDERS
A. INTRODUCTION
1.0 ELIGIBILITY AND EXPERIENCE OF THE BIDDER: - (Please refer to “Technical &
Commercial Rejection Criteria at B1 of Bid Evaluation Criteria under Annexure-III).
2.0 PRE BID CONFERENCE: Pre Bid Conference shall be held on the aforesaid date
(mentioned in forwarding letter). Two (2) representatives of each bidder shall be allowed
to participate in the pre bid conference. Bidder must send email confirmation regarding
their participation in pre bid conference along with their queries to [email protected]
on or before last date for submission of Pre Bid Queries.
The bidder shall be solely liable to bear all costs and expenses associated with the
preparation and submission of its bid, and DGH will in no case be held responsible or
liable for payment of any costs associated with the preparation or submission of the said
bids irrespective of the outcome of the bidding process as also in case the entire bidding
process or part thereof is nullified/ cancelled due to any reason whatsoever.
5.1 The services/scope of supply required, bidding procedures and contract terms are
described in the bidding document. In addition to the Invitation for Bids, the bidding
documents include:
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5.2 The bidder is expected to examine all instructions, forms, terms and specifications
in the bidding documents. Failure to furnish all information required by the bidding
documents will be at the bidder’s risk. Tenders not complying with tender conditions and
not conforming to tender specifications will result in the rejection of its bid without
seeking any clarifications.
A bidder requiring any clarification of Bid Document should notify DGH in writing at the
address provided in the forwarding letter. Clarifications, if any, shall in no case be
sought later than deadline prescribed herein above in the forwarding letter. However,
DGH may at its discretion provide clarifications on any relevant or crucial issue
regarding the bid document and such clarifications shall not automatically cause any
extensions of prescribed dates unless otherwise notified by DGH in writing within the
original prescribed dates. In case no such extension of time is notified by DGH in writing
then the original prescribed dates shall deem to apply.
7.1 At any time prior to the deadline for submission of bids, DGH may at its own
discretion and for any reason whatsoever whether at its own initiative or in response to a
clarification requested by a bidder, modify the Bid Documents by the issuance of an
Addendum.
7.2 The Addendum will be hoisted on DGH’s website and GoI’s Public Procurement
Portal only and all bidders are advised to visit aforesaid websites till the bid submission
date to update themselves about modifications to the Bid documents, if any, in order to
submit their offer accordingly.
7.3 In order to allow the bidders reasonable time to take the amendment into account
in preparing their bids, the DGH may at its discretion, extend the deadline for the
submission of Bids and any such extension will be conveyed to the bidders through
DGH’s website.
C. PREPARATION OF BIDS
8.1 The bidders shall submit the bids electronically and sign digitally.
8.2 Tenders are invited online through Single stage and two envelope or bid systems.
The first electronic envelope/bid is techno-commercial bid envelope and second
electronic envelope is financial bid envelope.
8.3 The bidder shall submit Techno-Commercial & Financial bids simultaneously.
8.3.1 The techno-commercial bid electronic envelope will contain the follows:
a. Scanned copy of the following original documents:
i. DD/ Bid Bond for EMD.
ii. Power of attorney or authorisation, or any other document consisting of
adequate proof of the ability of the signatory to bind the bidder.
b. Bid document (without indicating price in Price format/Price schedule/ BOM/
BOQ) and corrigendum/addendum, if any.
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c. Duly signed and scanned copies of required documents as mentioned at
Appendix-9.
8.3.2 The Financial bid electronic envelope will contain: Scheduled of Rate/Price
Schedule.
8.4 Bidder shall submit the following original documents offline to HOD (MM) at
Directorate General of Hydrocarbons office in Noida, on or before the date and
time of closing of bids specified in NIT, in a properly sealed envelope:
i) DD/ Bid Bond (Original) for EMD/Bid security.
ii) Power of Attorney for authorized signatory of the bid, or any other document
consisting of adequate proof of the ability of the signatory to bind the bidder.
iii) Any other document, if specified, in the tender.
The envelope shall bear the name of the firm, Physical documents against e-
Tender No. ____________, name of work and the phrase “Do Not Open Before (Due
date & time of opening of tender)”
Note: The responsibility for ensuring that envelope is delivered in time would be
vested with the bidder. DGH shall not be responsible if the envelope is lost/
delivered elsewhere or late.
8.5 The bid prepared by the bidder and all correspondence and documents relating to
the bid exchanged by the Bidder and the DGH shall be written in English language.
Supporting documents and printed literature furnished by the Bidder may be in another
language provided they are accompanied by an accurate translation of the relevant
passages in English, in which case, for purposes of interpretation of the bid, the
translation shall prevail. However, the said translations should be certified by some
official translator.
8.6 The bid papers, duly filled in and complete in all respects shall be submitted
together with requisite information and Annexures / Appendices. It shall be complete
and free from ambiguity, change or interlineations.
8.7 The Bidder shall sign its bid with the exact name of the firm to whom the contract
is to be issued. The bid shall be signed by a duly authorised officer and in the case of a
Company, the same shall be sealed with the company seal or otherwise appropriately
executed under seal.
8.8 The bidder shall clearly indicate their legal constitution and the person signing the
bid shall state his capacity and also source of his ability to bind the Bidder.
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conform to DGH’s terms, conditions and bid evaluation criteria of the tender. Bids not
complying with DGH’s requirement may be rejected without seeking any clarification.
10.1 The bidders shall indicate on the attached price schedule the net unit prices
(wherever applicable).
10.2 Price quoted must remain firm during its performance of the Contract and is not
subject to variation on any account. All duties and taxes payable by the bidder under the
Contract for which this Bidding Document is being issued, shall be included in the rates,
prices and total Bid Price submitted by the bidder, and the evaluation of bid shall be
made accordingly.
10.3 Prices quoted by the bidder shall be firm during the bidder's performance of the
contract and not subject to variation on any account.
10.4 Bidders are not allowed to indicate any separate discount. Discount, if any,
should be merged with the quoted prices. Discount of any type, indicated separately, will
not be taken into account for evaluation purpose. However, in the event of such an offer,
without considering discount, is found to be lowest, DGH shall avail such discount at the
time of award of contract.
Bidder, while quoting against this tender, must take cognizance of all concessions
permissible under the statutes including the benefit under existing Tax Acts, failing
which it will have to bear extra cost where Bidder does not avail exemptions/
concessional rates of levies. DGH will not take responsibility towards this. However, DGH
may provide necessary assistance, wherever possible, in this regard.
10.5.1 Bidders may take note there would be NO customs duty exemption
available for business tendered with DGH.
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10.7.5 In case, the quoted information related to various taxes and duties subsequently
proves wrong, incorrect or misleading: -
a) DGH will have no liability to reimburse the difference in duty / tax, if the finally
assessed amount is on the higher side.
b) DGH will have the right to recover the difference in case the rate of duty / tax
finally assessed is on the lower side.
10.7.6 The service provider should have a valid registration with the concerned
authorities of GST and a copy of such registration certificate should be
submitted along with the offer. In case the registration certificate for the quoted
category of service is not available at the time of submission of offer, an
undertaking should be furnished for submission of copy of requisite GSTIN
certificate along with the first invoice under the contract.
10.7.7 GST on contracts for transportation of goods by road in a goods carriage
(Applicable for Goods Transport where the contract is for transportation /
logistics and not the service/ turnkey contracts where transportation is a part):
In this case, since the liability to pay GST is on DGH as receiver of service, the
Bidder shall not include GST in the quoted prices.
10.7.8 As the above statutory provisions are frequently reviewed by the Government,
the bidders are advised to check the latest position in their own interest and
DGH will not bear any responsibilities for incorrect assessment of statutory
levies by any bidder.
In all cases, DGH shall make payments only through Electronic Payment mechanism
(viz. NEFT/RTGS /ECS). Bidders should invariably provide the following particulars
along with their offers:
1. Name & Complete Address of the Supplier / Contractor as per Bank records.
2. Name & Complete Address of the Bank with Branch details.
3. Type of Bank account (Current / Savings/Cash Credit).
4. Bank Account Number (indicate ‘Core Bank Account Number’, if any).
5. IFSC / NEFT Code (11-digit code) / MICR code, as applicable, alongwith a cancelled
cheque leaf.
6. Permanent Account Number (PAN) under Income Tax Act;
7. GST Registration Number.
8. E-mail address of the vendor / authorized official (for receiving the updates on
status of payments).”
9. Confirmation as to whether the bidder belong to the category of Micro, Small and
Medium Enterprises as defined in the “Micro, Small and Medium Enterprises
Development Act, 2006 (MSMEDA)”. If yes, specify the category of Micro, Small or
Medium Enterprises and whether the enterprise is in manufacturing or service
industry, along with valid documentary evidence.
10. Any other details as required by the remitting bank.
For receiving payment through NEFT / RTGS, the bank/branch in which the bidder is
having account and intends to have the payment should be either an NEFT enabled bank
or SBI branch with core banking facility.
13.1 Bids qualified by vague and indefinite expressions such as "Subject to availability"
etc. will not be considered.
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14.0 PERIOD OF VALIDITY OF BIDS
14.1 The Bid shall be valid for 90 days after the date of bid opening for acceptance for
the period as indicated in the "Invitation for Bid" (hereinafter referred to as validity
period) and shall not be withdrawn on or after the opening of bids till the expiration of
the validity period or any extension agreed thereof.
14.2 In exceptional circumstances, prior to expiry of the original bid validity period, the
DGH may request the bidder for a specified extension in the period of validity. The
requests and the responses shall be made in writing. The Bidder will undertake not to
vary/modify the bid during the validity period or any extension agreed thereof.
Bidder agreeing to the request for extension of validity of offer shall be required to extend
the validity of Bid Security correspondingly.
15.1 The Bid Security is required to protect the DGH against the risk of Bidder's
conduct which would warrant the security's forfeiture in pursuance to clause 15.7.
15.2 MSEs eligible as per Ministry of MSME’s guidelines, and Government Departments
will be exempted from Bid Security, provided the bidder submits necessary evidence for
eligibility, along with the bid.
15.3 The Bidders not covered under Para 15.2 above must enclose the bid security
with their offer with the techno-commercial bid. The amount for bid security has been
indicated in the "Invitation For Bid".
15.4 The Bid Security shall be acceptable in any of the following forms:
(ii) A Bank Guarantee as per Appendix-5. Bank Guarantee issued from any of the
Nationalised / scheduled Bank in India on non-judicial stamp paper of requisite value,
as per Indian Stamp Act, purchased in the name of the Banker valid for 45 days beyond
the validity of the bids asked for in the tender.
15.5 DGH shall not be liable to pay any bank charges, commission or interest on the
amount of Bid Security.
15.6 Subject to provisions in para 15.2 above, offers without Bid Security will be
ignored.
b) If Bid is varied or modified in a manner not acceptable to DGH during the validity
period or any extension of the validity duly agreed by the Bidder.
c) If a Bidder, having been notified of the acceptance of its bid, fails to furnish
Security Deposit/Performance Bank Guarantee (Performance Security) within 21 days of
notification of such acceptance.
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15.8 The Bid Security of unsuccessful Bidders will be returned on finalization of the
bid. The Bid Security of successful bidder will be returned on receipt of Security
Deposit/Performance Bond (Performance Security).
Bids received in email or e-bids with scanned signature will not be considered.
17.1 Offers are to be submitted in electronically. The first electronic cover/envelope will
contain Techno-Commercial bids having all details but with price column blanked out.
However a tick mark () shall be provided against each item of the price bid
format to indicate that there is a quote against this item in the Price bid. The
second sealed electronic cover/envelope will contain only the price schedule duly filled in
and digitally signed.
Physical documents as mentioned in the bid document must be reached at DGH office
before bid closing date and time.
17.2 DGH reserves the right to ignore any offer which fails to comply with the above
instructions.
17.3 DGH will not be held responsible for any loss or late received of e-bid due to server
problem and others.
17.4 DGH will not be held responsible for the loss of or for the delay in postal transit.
Original documents sent by hand delivery should be put in the Tender Box at the
specified office not later than 1400 Hrs. (IST) on the specified date. Original documents
received by post without proper superscription of Physical Documents against
Tender number_________, Bid Closing Date and other details on the outer envelope
will be opened in DGH office as ordinary mail and may not be considered.
19.1 Bidders are advised in their own interest to ensure that e-bid and required
physical documents against tender must reach the specified office well before the
closing date and time of the bid.
19.2 Physical documents received after closing date and time of the bid, will be
rejected and returned unopened.
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20.1 No e-bid may be modified after the dead line for submission of bids.
21.1 The bid will be opened at 1500 Hrs. (IST) on the date of opening indicated in
"Invitation for Bid". The Bidder or his authorized representative may be present at the
time of opening of bid on the specified date, but a letter in the form annexed at
Appendix- 2 hereto must be forwarded to this office along with bid and a copy of this
letter must be produced in the office by the person attending the opening of bid. Unless
this letter is presented by him, he may not be allowed to attend the opening of bid.
21.2 Price Bids of the technically qualified Bidders will be opened on a specific date in
presence of interested qualified bidders. Bidders will be intimated about the bid opening
date in advance.
21.3 In case of unscheduled holiday on the closing/opening day of bid, the next
working day will be treated as scheduled prescribed day of closing/opening of bid, the
time notified remaining the same.
e. EVALUATION OF BIDS
22.1 Evaluation and comparison of bids will be done as per provisions of Bid Evaluation
Criteria at Annexure-III.
24.1 The DGH 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.
24.2 DGH will determine the conformity of each bid to the bidding documents.
Bids falling under the purview of “Rejection Criteria” of the bid Evaluation Criteria
of the bidding document will be rejected.
25.0 SPECIFICATIONS
25.1 The Bidder must note that its Bid will be rejected in case the tender stipulations
are not complied with strictly or the services offered do not conform to the required
specifications indicated therein. The lowest Bid will be determined from among those
Bids which are in full conformity with the required specifications.
f. AWARD OF CONTRACT
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DGH will award the Contract to 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.
28.0 DGH’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS.
28.1 DGH reserves the right to reject, accept or prefer 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 ground for DGH's action. The DGH also reserves to
itself the right to accept any bid in part or split the order between two or more bidders.
29.2 The notification of award will constitute the formation of the contract.
29.3 Upon the successful bidder's furnishing performance security, pursuant to clause
30, the Purchaser will promptly notify each unsuccessful bidder and discharge their bid
securities.
30.2 The performance security specified above must be valid as per time period
mentioned above at 30.1, to cover the performance and obligations indicated under
General Terms & Conditions/contract. The same will be discharged by DGH not later
than 30 days following its expiry. In the event of any extension of the Contract period,
Bank Guarantee should be extended by Contractor by the period equivalent to the
extended period.
30.3 The performance security shall be payable to DGH as compensation for any loss
resulting from Contractor’s failure to fulfil its obligations under the Contract.
30.4 The Performance Security will not accrue any interest during its period of validity
or extended validity.
*******************
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Appendix-1
Dear Sirs,
1. I/We hereby offer to supply the services detailed in schedule hereto or such
portion thereof as you specify in the Acceptance of Tender at the price given in the
said schedule and agree to hold this offer open for the period as per the
Forwarding letter or till 90 days from the date of closing of bid.
2. I/We hereby confirm that the quoted prices will remain firm for the entire contract
duration.
Yours faithfully,
Signature of
the Bidder
_______________________
Name__________________
______________________
Signature of witness
Address
Note: This form should be returned along with offer duly signed.
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Appendix - 2
No. Date............................................
To,
The
Directorate General of Hydrocarbons.
OIDB Bhawan, Tower A, Plot No. 2, Sector – 73, Noida -201 301,India.
Sir,
Yours faithfully
Signature of Bidder
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Appendix 3
(ii) We are not a firm in which a DG / Director of DGH or his relative is a partner;
(v) We are not a company in which DG / Directors of DGH hold more than 2 % of the
paid-up share capital of our company or vice-versa.
Authorised Signatory of
The Contracting Party
Place...
Date...
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Appendix- 4
DGH expects the bidders to fully accept the terms and conditions of the bidding
documents. However, changes/ modifications to the terms and conditions of bidding
documents, if any proposed, can be communicated in the following proforma, in case
pre-bid is not held. This can be used even in cases where pre-bid is held, to inform
about the proposals in advance to the pre-bid date.
Note: If left blank, it will be construed that bidder has not taken any exceptions/
deviations to the terms and conditions of the bid document.
….............…………....................
Name..........................………….
………………………………………
Note: - Bids maintaining or taking exceptions/deviations beyond the bid closing date
shall be rejected straightaway.
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Appendix-5
Dear Sirs,
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Any claim under this Guarantee must be received by us before the expiry of this
Bank Guarantee. If no such claim has been received by us by the said date, the rights of
DGH under this Guarantee will cease. However, if such a claim has been received by us
by the said date, all the rights of DGH under this Guarantee shall be valid and shall not
cease until we have satisfied that claim. In witness whereof, the Bank, through its
authorized officer, has set its hand and stamp on this ........ day of ........... at
.....................
WITNESS NO. 1
--------------------- -----------------
(Signature) (Signature)
Full name and official Full name, designation and
address (in legible letters) official address (in legible
letters) with Bank stamp.
Notes: The expiry date as mentioned in clause 5 & 6 should be arrived at by adding 45
days to the date of expiry of the bid validity unless otherwise specified in the bidding
documents.
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Appendix-6
PERFORMANCE GUARANTEE
To,
Directorate General of Hydrocarbons,
OIDB Bhawan, Tower A, Plot No. 2, Sector – 73, Noida -201 301.
Dear Sirs,
1.3 The Bank also agrees that DGH 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 CONTRACTOR and notwithstanding any security or other
guarantee that DGH may have in relation to the CONTRACTOR’s liabilities.
1.4 The Bank further agrees that DGH shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said CONTRACT or to extend time of performance by the said
CONTRACTOR(s) from time to time or to postpone for any time or from time to time
exercise of any of the powers vested in DGH against the said CONTRACTOR(s) and to
forbear or enforce any of the terms and conditions relating to the said agreement and we
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shall not be relieved from our liability by reason of any such variation, or extension
being granted to the said CONTRACTOR(s) or for any forbearance, act or omission on the
part of DGH or any indulgence by DGH to the said CONTRACTOR(s) or any such matter
or thing whatsoever which under the law relating to sureties would, but for this provision,
have effect of so relieving us.
1.5 The Bank further agrees that the Guarantee herein contained shall remain in full
force during the period that is taken for the performance of the CONTRACT and all dues
of DGH under or by virtue of this CONTRACT have been fully paid and its claim satisfied
or discharged or till DGH discharges this guarantee in writing, whichever is earlier.
1.6 This Guarantee shall not be discharged by any change in our constitution, in the
constitution of DGH or that of the CONTRACTOR.
1.7 The Bank confirms that this guarantee has been issued with observance of
appropriate laws of the country of issue.
1.8 The Bank also agrees that this guarantee shall be governed and construed in
accordance with Indian Laws and subject to the exclusive jurisdiction of Indian Courts of
the place from where the Bank Guarantee has been issued.
1.9 Notwithstanding anything contained herein above, our liability under this
Guarantee is limited to Indian Rs. (in figures) ______________ (Indian Rupees (in words)
____________________) and our guarantee shall remain in force until
______________________.(indicate the date of expiry of bank guarantee).
Any claim under this Guarantee must be received by us before the expiry of this Bank
Guarantee. If no such claim has been received by us by the said date, the rights of DGH
under this Guarantee will cease. However, if such a claim has been received by us within
the said date, all the rights of DGH under this Guarantee shall be valid and shall not
cease until we have satisfied that claim.
In witness whereof, the Bank through its authorised officer has set its hand and stamp on
this ........ day of ........20__ at .....................
WITNESS NO. 1
-------------------------- -----------------------
(Signature) (Signature)
Full name and official Full name, designation and
address (in legible letters) address (in legible letters)
with Bank stamp
--------------------------
(Signature)
Full name and official
address (in legible letters)
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Appendix –7
We have submitted a copy of valid GST registration certificate under Goods and
Service tax rules.
OR
2. We declare that neither we, the bidders, nor any of our allied concerns, partners
or associates or directors or proprietors involved in any capacity with this tender,
are currently serving any banning orders issued by DGH debarring them from
carrying on business dealings with DGH.
….............…………....................
Name..........................………….
………………………………………
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Appendix -8
PRE CONTRACT INTEGRITY PACT
1.0 General:
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on ___
day of the month of ____ 2019, between, on one hand, through Shri. ... ... ... ...... , Head
of Department (Materials Management/____) Directorate General of Hydrocarbons
(hereinafter called the "BUYER", which expression shall mean and include, unless the
context otherwise requires, his successors in office and assigns) of the First Part and
M/s________________________________ represented by Shri ____________________
,Designation of person Chief Executive Officer (hereinafter called the "BIDDER/Seller"
which expression shall mean and include, unless the context otherwise requires, his
successors and permitted assigns) of the Second Part.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence/prejudiced dealings prior to, during and subsequent to the currency
of the contract to be entered into with a view to :-
Enabling the BUYER to obtain the desired said stores/equipment at a competitive price
in conformity with the defined specifications by avoiding the high cost and the
distortionary impact of corruption on public procurement, and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order
to secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the BUYER will commit to prevent
corruption, in any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter into, this Integrity Pact and agree as follows:
2.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly
with the contract, will demand, take a promise for or accept, directly or through
intermediaries, any bribe, consideration, gift, reward, favour or any material or
immaterial benefit or any other advantage from the BIDDER, either for themselves or
for any person, organization or third party related to the contract in exchange for an
advantage in the bidding process, bid evaluation, contracting or implementation
process related to the contract.
2.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will
provide to all BIDDERs the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that
particular BIDDER in comparison to other BIDDERs.
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2.3 All the officials of the BUYER will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any
substantial suspicion of such a breach.
2.4 In case any such preceding misconduct on the part of such official(s) is reported by
the BIDDER to the BUYER with full and verifiable facts and the same is prima facie
found to be correct by the BUYER, necessary disciplinary proceedings, or any other
action as deemed fit, including criminal proceedings may be initiated by the BUYER
and such a person shall be debarred from further dealings related to the contract
process. In such a case while an enquiry is being conducted by the BUYER the
proceedings under the contract would not be stalled.
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the BUYER, connected
directly or indirectly with the bidding process, or to any person, organisation or third
party related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to any
official of the BUYER or otherwise in procuring the Contract or forbearing to do or having
done any act in relation to the obtaining or execution of the contract or any other
contract with the Government for showing or forbearing to show favour or dis favour to
any person in relation to the contract or any other contract with, the Government.
3.3* BIDDERs shall disclose the name and address of agents and representatives and
Indian BIDDERs shall disclose their foreign principals or associates.
3.4* BIDDERs shall disclose the payments to be made by them to agents/brokers or any
other intermediary, in connection with this bid/contract.
3.5* The BIDDER further confirms and declares to the BUYER that the BIDDER is the
original manufacturer/integrator/authorised government sponsored export entity of the
stores and has not engaged any individual or firm or company whether Indian or foreign
to intercede, facilitate or in any way to recommend to the BUYER or any of its
functionaries, whether officially or unofficially to the award of the contract to the
BIDDER, nor has any amount been paid, promised or intended to be paid to any such
individual, firm or company in respect of any such intercession, facilitation or
recommendation.
3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose any payments he has made, is committed to or
intends to make to officials of the BUYER or their family members, agents, brokers or
any other intermediaries in connection with the contract and the details of services
agreed upon for such payments.
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3.7 The BIDDER will not collude with other parties interested in the contract to impair
the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.
3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain,
or pass on to others, any information · provided by the BUYER as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained in any electronic data carrier. The BIDDER also undertakes to
exercise due and adequate care lest any such information is divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to
commit any of the actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or
alternatively, if any relative of an officer of the BUYER has financial interest/stake in the
BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing of tender.
The term 'relative' for this purpose would be as defined in Section 6 of the Companies Act
1956.
3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the BUYER.
4. Previous Transgression
4.1 The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country
in respect of any corrupt practices envisaged hereunder or with any Public Sector
Enterprise in India or any Government Department in India that could justify BIDDER's
exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can
be disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.
5.1 While submitting commercial bid, the BIDDER shall deposit an amount ___ (to be
specified in RFP) as Earnest Money/Security Deposit, with the BUYER through any of
the following instruments:
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(iii) Any other mode or through any other instrument (to be specified in the RFP).
5.2 The Earnest Money/Security Deposit shall be valid upto a period of five years or the
complete conclusion of the contractual obligations to the complete satisfaction of both
the BIDDER and the BUYER, including warranty period, whichever is later.
5.3 In case of the successful BIDDER as per clause incorporated in the Article pertaining
to Performance Bond in the Purchase Contract that the provisions of Sanctions for
Violation shall be applicable for forfeiture of Performance Bond in case of a decision by
the BUYER to forfeit the same without assigning any reason for imposing sanction for
violation of this Pact.
6.1 Any breach of the aforesaid provisions by the BIDDER or anyone employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle
the BUYER to take all or any one of the following actions, wherever required: -
(i) To immediately call off the pre contract negotiations without assigning any reason or
giving any compensation to the BIDDER. However, the proceedings with the other
BIDDER(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is signed) shall stand forfeited either fully
or partially, as decided by the BUYER and the BUYER shall not be required to assign any
reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.
(iv) To recover all sums already paid by the BUYER, and in case of an Indian BIDDER
with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank
of India, while in case of a BIDDER from a country other than India with interest thereon
at 2%. higher than the LIBOR. If any outstanding payment is due to the BIDDER from
the BUYER in connection with any other contract for any other stores, such outstanding
payment could also be utilised to recover the aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the BIDDER, in order to recover the payments, already made by the
BUYER, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall· be liable to
pay compensation for any loss 'or damage to the BUYER resulting from such
cancellation/rescission and the BUYER shall be entitled to deduct the amount so
payable from the money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the
Government of India for a minimum period of five years, which may be further extended
at the discretion of the BUYER.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or
agent or broker with a view to securing the contract.
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(ix) In cases where irrevocable Letters of Credit have been received in respect of any
contract signed by the BUYER with the BIDDER, the same shall not be opened.
(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same
without assigning any reason for imposing sanction for violation of this Pact.
6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1 (i)
to (x) of this Pact also on the Commission by the BIDDER or anyone employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence
as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act,
1988 or any other statute enacted for prevention of corruption.
6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact
has been committed by the BIDDER shall be final and conclusive on the BIDDER.
However, the BIDDER can approach the Independent Monitor(s) appointed for the
purposes of this Pact.
7. Fall Clause
7.1 The BIDDER undertakes that it has not supplied/is not supplying similar
product/service/systems or subsystems at a price lower than that offered in the present
bid in respect of any other Ministry/Department of the Government of India or PSU and
if it is found at any stage that similar product/service/systems or sub systems was
supplied by the BIDDER to any other Ministry/Department of the Government of India
or a PSU at a lower price, then that very price, with due allowance for elapsed time, will
be applicable to the present case and the difference in the cost would be refunded by the
BIDDER to the BUYER, if the contract has already been concluded.
8. Independent Monitor/s
8.2 The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the parties
and perform their functions neutrally and independently.
8.4 Both the parties accept that the Monitors have the right to access all the documents
relating to the project procurement, including minutes of meetings.
8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Authority designated by the BUYER.
8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to
all Project documentation of the BUYER including that provided by the BIDDER. The
BIDDER will also grant the Monitor, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his project documentation. The same
is applicable to Subcontractors. The Monitor shall be under contractual obligation to
treat the information and documents of the BIDDERI Subcontractor(s) with
confidentiality.
8.7 The BUYER will provide to the Monitor sufficient information about all
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meetings among the parties related to the Project provided such meetings could have an
impact on the contractual relations between the parties. The parties will offer to the
Monitor the option to participate in such meetings.
8.8 The Monitor will submit a written report to the designated Authority of
BUYER/Secretary in the Department/ within 8 to 10 weeks from the date of reference or
intimation to him by the BUYER / BIDDER and, should the occasion arise, submit
proposals for correcting problematic situations.
9. Facilitation of Investigation
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat
of the BUYER.
The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
12. Validity
12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5
years or the complete execution of the contract to the satisfaction of both the BUYER and
the BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is
unsuccessful, this Integrity Pact shall expire after six months from the date of the
signing of the contract.
12.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an agreement
to their original intentions.
13. The parties hereby sign this Integrity Pact, at ____________ on ______________
BUYER BIDDER
Designation
Witness Witness
1. _____________ 1. ____________
2. _____________ _ 2. ______________
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Appendix -9
LIST OF THE DOCUMENTS TO BE UPLOADED/SUBMITTED ALONG WITH
TECHNICAL-COMMERCIAL BID
1. DD/Bid bond as EMD in the prescribed format as mentioned in the bid document.
2. Duly signed and scanned copy of Experience Certificate and other required documents in
described at clause no. B.1 (Technical Rejection Criteria), B.2 and C at Annexure-III of
tender document.
4. Duly signed and scanned copy of registration of firm in case of registered firm /
company/proprietorship, partnership deed in cases of partnership firm.
A notarized true copy of the “Power of Attorney” shall also be accepted in lieu of the
original, if the power of attorney is a general “Power of Attorney”. However, photocopy of
such notarized true copy shall not be accepted.
8. Undertaking on the company’s letter head and duly signed by the signatory of the bid
that all the documents/ certificates / information submitted by them against the tender
are genuine.
9. Declaration on the company’s letter head and duly signed by the signatory of the bid that
neither the bidders themselves, nor any of its allied concerns, partners or associates or
directors or proprietors involved in any capacity, are currently serving any banning
orders issued by DGH debarring them from carrying on business dealings with DGH.
10. Integrity Pact along with the bid, duly signed by the same signatory who signs the bids.
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ANNEXURE-II
GENERAL TERMS AND CONDITIONS OF CONTRACT
1.0 DEFINITIONS
(a) The “Contract” means the agreement entered into between DGH and the
Contractor, as recorded in the Contract Form signed by the parties, includes all
attachments, appendices thereto as also all documents incorporated by reference
therein;
(b) The “Contract Price” means the price payable to contractor under the contract in
consideration for the full and proper performance of its contractual obligations.
(c) The “Work” means each and every activity required to be carried out for the
successful performance of the service described in the Scope of work at Annexure
III.
(d) “DGH” means the Directorate General of Hydrocarbons and its executors,
successors, administrators and assignees.
2.1 The contract shall become effective from date mentioned in LOA.
2.2 The total duration of the Contract is firm 3 Years.
2.3 The terms and conditions shall continue during the currency of the contract.
3.1 The scope of work is for providing Contractual Services at DGH Office, list is given
at Annexure-IV attached herein.
4.0 LIABILITY
4.1 Except as otherwise expressly provided, neither the DGH nor its servants, agents,
nominees, contractors or sub-contractors, shall have any liability or responsibility
whatsoever to whomsoever (including the owner) for any loss or damage caused to
the equipment and / or loss or damage to the property of contractor and / or its
contractors or sub-contractors, irrespective of how such loss is caused. The
contractor shall protect, defend indemnify and hold harmless DGH from and
against such loss or damage and any suit, claim or expense resulting there from.
4.2 Neither the DGH nor its servants, agents, nominees, assignees, contractors and
sub-contractors, shall have any liability or responsibility what-so-ever for injury,
illness, or death of any employee of contractor and/or of its contractors or sub-
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contractors irrespective of how such injury, illness or death is caused. Contractor
shall protect, defend and hold harmless the DGH from and against such loss or
damage and any suit claim or expense resulting there-from.
5.1 The successful bidder shall not, without the prior written consent of the DGH,
disclose the contents of the Tender, or any provision thereof or any specification,
data, maps, or other information furnished by or on behalf of DGH in connection
therewith to any person or third party other than a person employed by the
Bidder. Disclosure to any such employed person shall be made in confidence and
shall extend only so far as may be necessary.
5.2 Contractor shall not without DGH’s prior written consent make use of contract
document or any information enumerated above except for bid preparation and
contract execution.
6.1 Within 21 days of the date of issue of LOI, the contractor shall furnish a
Performance Bond to DGH in the form of a bank guarantee drawn on
bank/branch in India for 7.5% of annualized average contract value as per the
format provided in Appendix-6. The proceeds of the Performance Bank Bond shall
be payable to DGH as compensation for Contractor’s failure to perform and
complete its obligations under the contract.
6.2 In the event the contractor fails to honor any of the commitments entered into
under the contract and / or in respect of any amount due from the contractor to
the DGH, the DGH shall have the right to invoke the Performance Bank Guarantee
and claim the amount from the Bank.
6.3 The Performance Bank Guarantee shall be valid till the completion of 60 days after
the initial duration of the contract with the provision for extension by an
additional month in order to enable the DGH to make claims if any.
6.4 The Performance Bond will be duly discharged by the DGH after successful
completion of Contractor’s obligations under the contract, including completion of
any/ all obligations under the contract to the satisfaction of the DGH and/or
person/agency appointed by it for the said purpose.
7.1 The term “Force Majeure” as employed herein shall mean an event beyond the
control of the DGH and/or the Contractor and not occurring due to the fault or
negligence of any of the parties hereto and such acts include acts of nature,
tempest, war, civil war, riot, flood, fire and Acts and Regulations of respective
governments of the two parties i.e., DGH and the Contractor. Force Majeure does
not include the financial condition of the Contractor or the DGH, nor does it arise
from the failure of one or both parties to meet their obligations under the
Contract.
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7.2 Neither party shall be held responsible for any loss or damage or delay in or
failure of performance of the Contract consequent to this tender to the extent that
such loss or damage or such delay or failure of performance is caused due to
Force Majeure.
7.3 In the event of either party not being able to perform any obligation required to be
performed by them under the contract due to force majeure, the corresponding
obligation of the party affected due to such non-performance shall, upon
notification in writing to the other party, be suspended for the period during which
such cause lasts.
7.4 Upon the occurrence of such cause, the party alleging that it has been disabled
from discharging its duty as aforesaid shall notify the other party in writing within
72 hours of the beginning, estimated duration thereof of the force majeure
condition first occurring giving the full particulars supporting of its claim. The
party affected shall promptly notify the other party as soon as the force majeure
event has been removed and no longer prevents it from complying with the
obligations which have been suspended and shall thereafter resume compliance
with such obligations as soon as possible.
7.5 Time for performance of the relative obligation suspended by Force Majeure shall
then stand extended by the period for which such cause lasts.
7.6 If a Force Majeure situation arises, the Contractor shall notify the DGH of such
condition and the cause thereof. The Contractor shall continue to perform his
obligations under the Contract as far as reasonably practicable, and shall seek all
reasonable alternative means for performance.
7.7 Either party will have the right to terminate the Contract with a prior written
notice of 15 days if such Force Majeure conditions continue beyond 30 days. No
payments or Standby charges are payable to the Contractor for the duration of
Force Majeure conditions.
8.0 TERMINATION
Either party shall have the right to terminate the contract on account of Force
Majeure under clause 7.7 hereinabove.
In the event that the CONTRACTOR at any time during the term of the contract
becomes insolvent or makes a voluntary assignment of its assets for the benefits
of creditors or is adjudged bankrupt, then the DGH shall by a notice in writing
have the right to terminate the contract and all the contractor’s right and
privileges hereunder, shall stand terminated forthwith.
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8.4 Termination for Unsatisfactory Performance:
In case the contractor’s rights and/or obligations under the contract and / or the
contractors rights title and interest to the equipment / material, are transferred or
assigned without the DGH’s consent, DGH may at its absolute discretion,
terminate the contract.
Beside others, DGH can terminate the contract if the deployment is not made as
per the period mentioned in LOI.
In all cases of termination herein set forth, the obligation of DGH to pay the rates
or any other charges shall be limited to the period up to the date of termination.
Notwithstanding the termination of the contract, the parties shall continue to be
bound by the provisions of the contract that reasonably require some action or
forbearance after such termination.
8.8 If at any time during the term of the contract, breakdown of contractor’s
equipment results in contractor being unable to perform obligations hereunder for
a period of 15 successive days (not including force majeure delay). DGH, at its
option, may terminate this contract without any further right or obligation on the
part of DGH, except for the payment of money then due. No notice shall be served
by DGH under the condition stated above.
8.9 Upon termination of the contract, contractor shall return to DGH all of DGH’s
items, which are at the time in contractor’s possession, at contractor’s cost.
8.10 Notwithstanding any provisions herein to the contrary, the contract may be
terminated at any time by DGH on giving 15 days written notice to the contractor
due to any other reason not covered under the above clauses from 8.1 to 8.9 and
in the event of such termination the DGH shall not be liable to pay any cost or
damages to the contractor except for payment for all services, other charges if
provided for in the contract as per the contract up to termination.
8.11 In the event of termination of contract, DGH will issue notice of termination of the
contract with date or event after which contract will be terminated. The contract
shall then stand terminated and the contractor shall demobilize their personnel
and materials.
9.0 INDEMNIFICATION
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9.1 The Contractor hereby agrees to indemnify and hold DGH harmless from any loss
or liability, (including all/any attorney’s fees and related legal expenses), arising
out of any claim for damage to Contractor’s property and injuries to or death of
Contractor’s employees and agents, consultants caused by, or incidental to
Contractor’s performance under this Contract, regardless of whether any such
loss, liability, injury or death may be caused by negligence of DGH, its third party
agents or its employees.
9.2 DGH and Contractor agree to indemnify and hold one another harmless from any
loss, expense or liability, including all/any attorney’s fees and related expenses
arising out of any claim presented by third parties for personnel injuries or death,
or property or equipment damage which is attributable to the negligence of DGH
and/or Contractor caused by, or incidental to the performance of each party
under this Contract.
10.0 ARBITRATION
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aforesaid, the provisions of Indian Arbitration and Conciliation Act, 1996 and any
statutory modification or re-enactment in lieu thereof shall apply to the arbitration
proceedings under this clause.
14.0 HOLIDAY
DGH may at its sole discretion, put the contractor on Holiday for a particular
period or permanently in case of default or as a result of poor performance, non-
adherence to the contractual obligations and/or delay in execution of the contract
by the party. Also, this action shall disqualify such a defaulter from bidding in
future tendering process. In event such action is initiated by DGH, the same shall
be circulated to all PSUs/ Departments under administrative control of MOP&NG.
15.0 NOTICES
Any notice given by one party to other pursuant to the contract shall be sent by
post, mail or fax and confirmed in writing to the applicable address of the other
party. For the purpose of this contract the addresses of the parties are:
HOD(MM)
Directorate General of Hydrocarbons
OIDB Bhawan; Tower A, Plot No. 2, Sector-73;
NOIDA-201301, UP, Noida
Fax No: +91)-120-2472049
Contractor’s Address
…………………………..
…………………………..
…………………………..
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16.0 Integrity Pact (applicable for tenders above ₹50,00,000/-)
The Integrity Pact, duly signed by the authorized official of DGH and contractor,
will form part of this contract/supply order.
The person signing the Integrity Pact shall not approach the Courts while
representing the matters to IEM/s and he/she will await his/their decision in the
matter.
***********************
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ANNEXURE-III
B. REJECTION CRITERIA
The following vital technical conditions should be strictly complied with failing which the
bid will be rejected:
i) The bids must conform to the Scope of Services and terms and conditions given in
the Annexure-IV and Annexure-V of bid document. Bids shall be rejected in case
the services offered do not conform to the required parameters stipulated in the
Scope of Supply/ Services, Terms & conditions and Special Conditions of the
contract.
ii) Bidder should submit a duly certified copy from CA that its average annual financial
turnover during the last three years ending 31st March of the previous financial
years (i.e., FY 2015-16, 2016-17 and 2017-18), should be at least Rs. 515 Lakhs
and (b) its net worth is positive (as per latest audited annual accounts).
iii) Bidder should have the current ongoing experience of at least three years from the
date of bid closing date of doing similar kind of services and should submit contract
papers supporting the same.
iv) Experience of having successfully completed similar kind of works during last seven
years ending last day of month previous to the one in which bids are invited should
be either of the following:
(a) Three similar kind of completed contracts not less than the amount equal to Rs.
227 Lakhs.
Or
(b) Two similar kind of completed contracts costing not less than the amount equal
to Rs. 284 Lakhs.
Or
(c) One similar kind of completed contracts costing not less than the amount equal
to Rs. 455 Lakhs.
Similar kind of services includes providing contractual services for office jobs.
To this effect in regard of above clause (iii) and (iv), Bidder should submit copies of
respective contracts/LOI/NOA, along with documentary evidence in respect of
satisfactory execution of each of those contracts/LOI/NOA, in the form of copies of
any of the documents (indicating respective contracts/LOI/NOA and type of
services), such as - (i) Satisfactory completion / performance report (OR) (ii) proof of
release of Performance Security after completion of the contract (OR) (iii) proof of
settlement / release of final payment against the contract (OR) (iv) any other
documentary evidence that can substantiate the satisfactory execution of each of
the contracts/work cited above.
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v) The bidder must have registration with Provident Fund and ESI. Copy of valid
registration certificate with provident fund and ESI should be submitted. Contractor
should confirm that it possesses independent PF Code number (Universal Account
Number) allotted by the Regional Provident Commissioner, to extend coverage to his
labour deployed under the contract.
vi) Bidder should have an office in Delhi/NCR. Bidder is required to furnish Present (at
Delhi/NCR) and Permanent address along with proof of addresses.
vii) Documents pertaining to legal constitution of the firm: Bidders are required to
furnish the composition and status of ownership of the firm along with one or more
of the following documentary evidences (which are applicable to the bidder) in
support of the same.
a) In case of Sole Proprietorship Firms: Copies of Telephone/ Electricity/ Mobile
Bill, PAN, latest Income Tax Return indicating therein the name, business and
residential address, E-mail and telephone numbers of the owner and copies of
GST Registration Certificate.
b) In Case of HUF: Copies of Telephone/ Electricity/ Mobile Bill, PAN, latest Income
Tax Return, Family arrangement Indicating there in the name, residential
address, Email and telephone numbers of the owners in general and Karta in
particular and copies of GST Registration Certificate.
c) In case of Partnership Firm: Copies of Telephone/ Electricity/ Mobile Bill, PAN,
latest Income Tax return indicating therein the name, residential address, E-
mail and telephone numbers of the partners (including the Managing Partner),
registered partnership agreement/deed and copies of GST Registration
Certificate.
d) In case of Co-Operative Societies: Copies Telephone/ Electricity/Mobile Bill,
PAN, latest Income Tax Return, indicating therein the name, residential address,
E-mail and telephone numbers of all the Directors or person who are at the helm
of affairs, registration certification from Registrar of Co-Operative Societies and
copies of GST Registration Certificate.
e) In case of Societies registered under the Societies Registration Act. Copies
Telephone/Electricity/Mobile Bill, PAN, latest Income Tax Return, indicating
therein the name, residential address, E-mail and telephone numbers of all the
Directors or person who are at the helm of affairs, registration certification from
Registrar of Co-Operative Societies and copies of GST Registration Certificate.
f) In case of Joint Stock Companies registered under Indian Companies Act:
Copies Telephone/Electricity/Mobile Bill, PAN, latest Income Tax Return,
indicating therein the name, residential address, E-mail and telephone numbers
of all the Directors or person who are at the helm of affairs, Certificate of
Incorporation from the Registrar of Companies, Memorandum and Articles and
copies of GST Registration Certificate.
g) In case of Trusts registered under Trust Act: Copies Telephone/ Electricity/
Mobile Bill, PAN, latest Income Tax Return, indicating therein the name,
residential address, E-mail and telephone numbers of all the Directors or person
who are at the helm of affairs, registration certificate from the Registrar of the
state, Trust Deed and copies of GST Registration Certificate.
viii) One dedicated supervisor from amongst the existing contracted employees of the
contractor at no additional payment. His detailed credentials to be submitted to
DGH.
The inter se ranking given among the techno-commercially acceptable bidders prior to
Price Bid opening will be used for tie breaking and bidders in tie for L1 position with
better ranking will be considered for award of job. The ranking involves following two
factors i.e.
Each factor will be marked on relative marking basis. For details please refer
Appendix-9 & 10.
(ii) “Quoted Service Charge (in percentage) over the estimated “Total financial liability for
period of three years” is exclusive of GST. Applicable GST will be paid extra by DGH.
Bidder has to bear the cost of insurance out of the “Service Charges” quoted by him
in Price Schedule at Annexure-V for availing essential insurances for the manpower
deployed at DGH under the contract along with cost of personal care by contractor
during event of an emergency.
(iii) It is, however, to be clearly understood that the assumptions made in respect of the
quantities of various items in the Schedule of Rates are only for the purpose of
evaluation of the bid, and the Contractor will be paid on the basis of the actual
numbers of manpower deployed under the contract.
(iv) All documents critical in nature for the purpose of tie-breaking should be
essentially uploaded along with technical e-bid on CPP portal only. If there is
space constraint regarding available total size for soft file to be uploaded at CPP
portal, bidder can choose to send the additional documents in physical format for
the purpose of validation, (but detailed disclosure must be uploaded in technical e-
bid with respect to physical documents being submitted must be mentioned in e-bid
for giving validation cognizance to enclosed documents). The supporting documents
will be used only to validate the contents pre-disclosed in e-bid and will not be
considered as a separate/ additional document i.e. to award additional advantage for
Total Value of all similar kind of running contracts.
D. General:
1. The BEC over-rides all other similar clauses operating anywhere in the Bid
Documents.
2. The bidder/contractor is prohibited to offer any service / benefit of any manner to
any employee of DGH and that the contractor may suffer summary termination of
contract / disqualification in case of violation.
**************
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Appendix-10
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Appendix-11
Sl. Years Turnover in Rupees (in words and Copy Enclosed/ Not
No. figures) Enclosed
1. 2017-18 Y/N
2. 2016-17 Y/N
3. 2015-16 Y/N
As per BEC the inter se ranking given among the techno-commercially acceptable
bidders prior to the Price Bid Opening will be used for tie breaking. Bidders with better
ranking will be awarded the job in case of tie at L1 position during evaluation process.
The above details are therefore required to be submitted with validated documentary
proof. Validated information furnished in the bid for “Total Value of all running contracts
as on 31/03/2019 for providing similar kind of services” will be used with weightage of
60% and information regarding “Experience in nos. of months as on 31/03/2019” with
weightage of 40% will be used. Each factor will be marked on relative marking basis and
will be subjected to weightage and added for combined ranking. (Refer example for
illustration.). These ranks will be made objectively based on the input received from
various acceptable bidders and will be done during technical evaluation. Bidders will be
conveyed the ranks in the communication prior to Price Bid Opening. The ranking will
not be reviewed once the Price Bids have been opened and the pre-disclosed methodology
will be binding on all the bidders.
During evaluation and ranking, the decision will be taken on the basis of documents
submitted by the bidder at the time of bidding only. Kindly be informed that the
evaluation committee will refer following pre disclosed guidelines:
(a) Only documents furnished with the bid will be given cognizance. No subsequent
submissions clarifications will be permitted and entertained for reviewing the
ranking.
(b) Bidder should take care for submitting the relevant document related to each
contract for identifying its value for the relevant same kind of contract experience
for the contract duration. The associated documents shall have explicit content
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written on it for co relating them to submitted contract with sufficient details. In
absence of clarity such submission will not be treated for consideration for
evaluation and award of ranking.
(c) Services of drivers, Transport Services, Security Services, Housekeeping Service
among the other non-related activities would not be considered.
(d) Wherever the unit rate contracts are submitted please ensure submission of details
of execution of each line items with quantity and corresponding contract value. Unit
rate contracts or any other contracts without identifiable details for value and
duration will not be entertained for evaluation.
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Appendix-12
BEC MATRIX
(Please review Bid Document before submission and mark every Bid Evaluation
Criterion Clause with Compliance/Agreed or Non Compliance/Not agreed. Also
enclose necessary documents and write reference Sr. No. of your bid document
where :
Confirm Supporting Documen
Compliance document ts at Sr.
of BEC No. of Bid
Sl. No. Details of BEC Clause
Clauses by documen
appropriately t
ticking.
1 Bidders are advised not to take any
exception/deviations to the bid document.
Still, if exceptions /deviations are Agreed/ Not Enclosed/Not
maintained in the bid, such conditional/ Agreed Enclosed
non-conforming bids shall not be
considered and shall be rejected.
2 Technical Rejection Criteria
2.1 The bids must conform to the technical
specifications and terms and conditions
given in the Annexure-IV and Annexure-V.
Bids shall be rejected in case the services Complied/ Not
Enclosed/Not
offered do not conform to the required Complied
Enclosed
parameters stipulated in the Technical
Specifications/Scope of Supply/ Works/
Services, Terms & conditions and Special
Conditions of the contract.
2.2 Bidder should submit a duly certified copy
from CA that (a)its average annual financial
turnover during the last three years ending
Complied/ Not
31st March of the previous financial years Enclosed/Not
Complied
(i.e., FY 2015-16, 2016-17 and 2017-18), Enclosed
should be at least Rs. 515 Lakhs and (b) its
net worth is positive (as per latest audited
annual accounts).
2.3 Bidder should have the current ongoing
experience of at least three years from the Complied/ Not
Enclosed/Not
date of bid closing date of doing same kind Complied
Enclosed
of services and should submit contract
papers supporting the same.
2.4 Experience of having successfully competed
same kind of works during last seven years Complied/ Not
Enclosed/Not
ending last day of month previous to the Complied
Enclosed
one in which bids are invited should be
either of the following:
a) Three same kind of completed contracts not Complied/ Not
Enclosed/Not
less than the amount equal to Rs. 227 Complied
Enclosed
Lakhs.
b) Two same kind of completed contracts Complied/ Not
Enclosed/Not
costing not less than the amount equal to Complied
Enclosed
Rs. 284 Lakhs.
c) One same kind of completed contracts Complied/ Not
Enclosed/Not
costing not less than the amount equal to Complied
Enclosed
Rs. 455 Lakhs.
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2.5 The bidder must have registration with
Provident Fund and ESI. Copy of valid
registration certificate with provident fund
and ESI should be submitted. Contractor Complied/ Not
Enclosed/Not
should confirm that it possesses Complied
Enclosed
independent PF Code number (Universal
Account Number) allotted by the Regional
Provident Commissioner, to extend coverage
to his labour deployed under the contract.
2.6 Bidder should have an office in Delhi/NCR.
Complied/ Not
Bidder is required to furnish Present (at Enclosed/Not
Complied
Delhi/NCR) and Permanent address along Enclosed
with proof of addresses.
2.7 Documents pertaining to legal constitution Complied/ Not
Enclosed/Not
of the firm. Complied
Enclosed
2.8 One dedicated supervisor from amongst the
Complied/ Not
existing contracted employees of the Enclosed/Not
Complied
contractor at no additional payment. His Enclosed
detailed credentials to be submitted to DGH.
3 Commercial Rejection Criteria
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3.7 Bidder has noted/considered the clause
No. 15 of Annexure-IV and then only
quoted the service charges in Annexure-V
and have agreed to bear the cost of
Insurance (A) Group Personal Accident
Insurance Cover and (B) Group Mediclaim Complied/ Not
Insurance Policy along with having Complied Enclosed/Not
accepted the responsibility specified at Agreed/ Not Enclosed
point (C) in case of any medical emergency Agreed
of his employees in course of their work at
DGH, the contractor is responsible to take
care and co-ordinate to provide all care and
assistance to his employees on his own
expenses.
4 PRICE EVALUATION CRITERIA:
4.1 Evaluation of bids: Bids techno-
commercially acceptable the lowest of offer
in % as per Annexure-V will be considered
for award of job i.e., offer having lowest
quoted service charges will be identified as
L1.
The inter se ranking given among the
techno-commercially acceptable bidders
prior to Price Bid opening will be used for tie Agreed/ Not Enclosed/Not
breaking and bidders in tie for L1 position Agreed Enclosed
with better ranking will be considered for
award of job. The ranking involves two
factors Total Value of all running contracts
as on 31.03.2019 for providing similar
contracts (weightage 60%) and Experience
in number of months. (40% weightage).
Each factor will be marked on relative
marking basis.
4.2 Submission of Appedix-10, 11,12 along with Complied/ Not
Enclosed/Not
technical bid. Complied
Enclosed
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Annexure-IV
1. SCOPE OF SERVICES:
The contractor shall provide qualified & suitable working hands for various jobs /
services as outlined in Annexure-V. The quantum of job requirement may vary and
accordingly contractor may be called upon to increase / decrease the working hands by
giving 15 days’ notice.
2. Mode of payment
2.1 Keeping in view the number of working hands engaged by the Contractor every day in
different categories, the Contractor will ensure that the payment is made by 7 th day of
every month for the previous month to all categories of working hands.
2.2 DGH will make payment against that invoice within 15 days of receipt.
2.3 Contractor will be required to submit the PF challan stamped by the designated Bank,
along with a print of the digitally signed PDF Sheet of the ECR, as a proof of payment,
each month along with the monthly bill. Similarly, such proof for ESI should also be
attached if applicable.
2.4 The contractor will submit the duly notarized copy of all Insurance Policies indicating the
list of his Employees for whom he has taken the insurance cover as outlined in Price
Schedule/ Format at Annexure V.
3. In case of any lapse on the part of the contractor or on part of the work force deployed by
contractor, the contractor will be held exclusively and directly responsible. The total
working hours for each Contractual staff will be 8 hours a day. In case services are
required for more than 8 hours over time shall be paid to them by the contractor and
same shall be reimbursed by DGH as per DGH prescribed rates.
4. CONTRACTOR’S RESPONSIBILITIES
4.1 The contractor will ensure to comply with legal provisions related to this Contract. In
case of misconduct etc, and report against any of the contractual staff, the contractor
shall immediately replace the erring worker by deploying another personnel on same
terms & conditions. Such personnel will not be deployed in DGH again without written
consent of the authorized officer or officer-in-charge.
4.2 The contractor will be held solely responsible for any kind of loss/damages done to
fittings, fixtures and equipment etc. of DGH by any contractual worker so deployed, and
contractor shall make good the loss/damage, either by replacement or by adequate
compensation to DGH.
4.3 The work force deployed by the contractor will exclusively be on contractor’s pay roll.
4.4 The contractor will be exclusively responsible for the proper behavior of the work force
provided by the contractor. The contractor will also be bound to prohibit and prevent the
work force from taking part in any direct or indirect association with a person or persons
engaged in any antisocial activities, demonstrations, riots of agitation, which may in any
way be detrimental or prejudicial to the occupants of land / properties in the
neighborhood. Therefore, the contractor has to keep the DGH and its employees etc,
harmless and indemnified from any consequential claims, actions, suits, proceedings,
losses or damages on any ground whatsoever.
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4.5 The Contractor shall be responsible to pay on account of ESI, PF and any other
statutory payment as applicable from time to time to the employees engaged by him for
such services. The Contractor shall on demand by DGH submit documentary evidence to
this effect.
4.6 The contractor alone shall take disciplinary action against any worker/staff engaged by
him.
4.7 Contractor has to provide Universal Account Number (UAN) of each contractual
employee for online viewing of PF Account.
4.8 ESI Smart Card to be issued to individual employee within one month of signing of the
contract.
4.9 Copy of Quarterly/Monthly report for PF, ESI or any other statutory authority
compliances must be submitted regularly to DGH.
4.10 Valid Labour- License must be submitted to DGH within one month of signing of the
contract.
4.11 Liquidity Damages @2.5% of Bill value is the agreed rate for noncompliance and non-
submission of PF Challans and related payments for statutory compliances.
5. CONTRACTOR’S OBLIGATIONS
5.1 The contractor, if so require, shall obtain requisite license at his cost from the
appropriate licensing authority for executing this contract work and submit copy of such
license to the DGH. The Contractor shall also observe the rules & regulations framed
under the contract Labour (Regulations & Abolition) Act 1970. The Contractor employing
20 (twenty) or more number of workmen on any day of the preceding 12 months required
to obtain requisite license at his cost from the appropriate licensing office/ Officers
before undertaking any contract work under that Contractor Labour Regulation &
Abolition Act. 1970.
The Contract hereby undertake to indemnify the DGH against all claims which may arise
under the noted acts:
a) The Shops and Establishment Act.
b) The workman’s compensation Act.
c) The payment of Wages Act.
d) The Contract labour (Regulation and Abolition) Act. 1970 and the rules framed
thereunder.
e) Family Pension Scheme.
f) Inter-state Migrant Workmen (Regulation of employment and condition of Service)
Act, 1979.
g) Any other Statutory Act/Law/Regulation made applicable during the pendency of
the contract.
The Contractor shall disburse payment to his personnel on actual basis in compliance
with Minimum Wages guidelines of applicable statutory Bodies / State Government/ GoI.
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5.2 The provisions of the Employees Provident Fund for miscellaneous provisions act 1952,
are to be strictly compiled by the contractor for providing the contract services to DGH
under the contract.
5.3 The Contractor shall ensure strict compliance with provisions of various laws mentioned
in para (5.1 & 5.2) above.
5.4 The Contractor shall provide, as and when required by the DGH, records/ documents to
the DGH for its verification of disbursement made for services rendered.
5.5 Contract should deposit service tax regularly and submit the receipt of the same DGH for
verification.
5.6 Contractor shall submit any other documentary evidence as & when called by the DGH
in connection with this Contract.
5.7 The contractor shall be, solely responsible for the disciplinary action to be taken against
any persons deployed against the contract.
5.8 The contractor shall be responsible to sign all leave applications and certificates for the
persons deployed.
6. DGH’RESPONSIBILITY / RIGHT
6.1 The liability of DGH will be limited only to the payment of amount for providing the
required services.
6.2 DGH will not retain any control for direct supervision of the contracted services.
8. PLACE OF OPERATION
Noida/Delhi NCR- Office locations will be specified by DGH at the time of deployment.
9. Rates of Payment:
9.1 The contractor will pay compensation to its contract workers/staff under the said
contract as agreed by DGH.
The EPF and ESI etc. will be deposited by the contractor in Govt. account and DGH shall
reimburse the employers contribution to the contractor as per applicable act.
The contractor will be paid a service charge at the quoted and accepted rate of the
contractor excluding of GST. GST (Goods & Service Tax) will be paid separately as
applicable at the time of release of payment.
9.2 During the currency of the contract, contractor has to ensure compliance of Minimum
Wages guidelines of applicable statutory Bodies / State Government/ GoI.
10. TAXES/LEVIES
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10.1 Any kind of taxes, levies including GST imposed by the appropriate Govt., shall be
payable by the contractor.
10.2 Income tax, if any, as per provisions of the income tax Act 1961 and as amended from
time to time, shall be on Contractor’s account and shall be deducted from Contractor’s
monthly bill.
12. PENALTY
Contractor has to make payment to contractual worker by 7th day of the month or within
3 days of receipt of attendance whichever is later.
i) In case contractor fails to make payment as above, deduction of 1% per day of service
charge (subject to maximum of 10% of service charge) of the month will be made.
ii) Incase contractor does not give replacement for persons or replace person whom DGH
has asked, the deduction of upto 3% of service charge for the month can be made.
15. All bidders are hereby advised that they have to bear the cost of insurance out of the
“Service Charges” quoted by them in Price Schedule at Annexure-V for availing following
essential insurances for the manpower deployed for DGH along with cost of personal care
by contractor during event of an emergency:
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A. Group Personal Accident Insurance Cover:
Sum Assured for each employee: Rupees Twenty Lakh
Area Covered: Anywhere in the world (24X7)
Risk Covered: Death, Permanent Total Disablement and Temporary Total
Disablement.
And
And
C. In case of any medical emergency of his employees in the course of their work at
DGH, the contractor is responsible to take care and co-ordinate to provide all care
and assistance to his employees at his own expenses.
*************************
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Annexure-V
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded
after filling the relevant columns, else the bidder is liable to be rejected for this tender. Bidders are
allowed to enter the Bidder Name and Values only )
Envisaged/ Estimated BASIC NET TOTAL
Tentative Rate RATE In AMOUN AMOU
numbers of in Figures T NT
Sl. contractual Rs. P To be Without In
Item Description
No. persons as entered Taxes Words
per by the
contract Bidder in in
Rs. P Rs. P
1 2 3 4 5 6 7
1 Manpower required under unskilled, semi-skilled and skilled category
2 Financial liability Per Month in 130 47,45,464.16
(₹.)
3 Financial liability Per Annum in 130 5,69,45,570
(₹.)
4 Financial liability for contract 130 17,08,36,710
period (i.e three Years) in (₹.)
5 NET AMOUNT exclusive of GST 1.000 0.00
6 Service Charge 10.00
NOTE: Service charge up to two decimal
points only are allowed in cell 6(5). Bidder
has to quote accordingly. In case, if bidder
quotes the service charge up to three, four
(and so on) decimal points, it will be
rounded off up to two decimal points only as
per standard calculation. So, the service
charge appearing in cell 6(5) will only be
considered in calculation of net service
charge amount appearing in cell 6(6).
Quoted service charge appearing in cell 6(5)
will only be used for evaluation purpose.
7 Total Amount exclusive of GST00 10.00
Total in Figures
Note:
1. Bonus is payable @ minimum rates of 8.33% of annual wages subject to a ceiling of Rs.
7,000/- (unless revised) per financial year.
2. Fixed Annual increment in monthly wages @ 3% per annum will be given w.e.f 1st April every
year.
3. GST will be paid extra by DGH as applicable at the time of payment.
4. Other statutory requirement like PF, Bonus and Overtime charges (if payable) are on actual
basis.
5. Offers will be evaluated as per BEC given in Annexure-III.
6. Contractor will provide replacement of persons, if required, to ensure continuity of services.
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7. Bidder must quote the price in above price format/schedule. Price bid received in any other
format will be straightway rejected.
8. Bidder must quote percentage (%) strictly in the Price Format/Schedule uploaded with the
tender only and it must be submitted in electronic envelope (e-envelope) named as financial
bid.
9. Bidder Service Charge should not be less than 5% and on the component of wages only.
Income Tax shall be deducted at source as per rules and TDS will be issued. This service
charge will include mandatory manpower insurance as mentioned in Annexure-IV.
10. All bidders are clearly informed that they have to bear the cost of mandatory manpower
insurance (as described at Clause 15 of Annexure-IV) out of the Service Charges (in %)
quoted by them in Price Schedule for availing following essential insurances for the manpower
deployed for DGH along with cost of personal care by contractor during event of an
emergency.
11. Evaluation of bids for award of job will be governed by Annexure-III (C)(i) of Bid Evaluation
Criterion. L1 will be identified on service charges % only. Wage component is mentioned as
notional and representative contract value and is payable as per actual.
******************
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Annexure-VI
3. Digital Certificates:
For participation in e-tendering, it is mandatory for all bidders to have a Digital
Certificate (DC) also referred to as Digital Signature Certificate (DSC), of Class 2 or above
(in the name of person who will sign the Bid), issued by a Certifying Authority (CA)
licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].
4. Registration:
To use the Central Public Procurement Portal (http://www.eprocure.gov.in), bidder
needs to register on the portal. The bidder should visit the home-page of the portal
(www.eprocure.gov.in) and go to the e-procure link then go to “Online Bidder
Enrollment”.
The envelope shall bear the name of the firm, tender number, name of work and the
phrase ― Do Not Open Before (Due date & time of opening of tender) ―
Note:
A. The responsibility for ensuring that envelope is delivered in time would be vested with
the bidder. The DGH shall not be responsible if the envelope is delivered elsewhere or
late.
B. Document submitted physically to DGH and the scanned copies furnished at the time
of online bid submission should be the same otherwise the bid will be summarily
rejected.
7. Other Instructions:
For participating in this tender online, the following instructions are to be read carefully.
These instructions are supplemented with more detailed guidelines on the relevant
screens of the CPPP.
The bidder should visit the home-page of the CPP portal (www.eprocure.gov.in), and go to
the link “eprocure”, then “Bidders Manual Kit” and “Help for Contractors” link.
(I) Please take care to scan documents that total size of documents to be uploaded
remains minimum. If required, documents may be scanned at lower resolutions say
at 150 dpi. However it shall be sole responsibility of bidder that the uploaded
documents remain legible.
(II) Utmost care may be taken to name the files/documents to be uploaded on CPPP.
These should be no special character or space in the name of file.
(III) It is advised that all the documents to be submitted (See Appendix-8 at Annexure-I
of tender document) are kept scanned or converted to PDF format in a separate
folder on your computer before starting online submission.
(IV) Utmost care may kindly be taken to upload Price schedule/ Price Format / BOQ/
BOM. Any change in the format of price schedule / BOQ file shall render it unfit for
bidding. Following steps may be followed:
a. Download Price schedule /Price format/ BOM/ BOQ in XLS format.
b. Fill rates in downloaded price schedule / BOQ as specified in XLS format only
in sky blue back ground cells. Don’t fill in white back ground cells.
c. BOQ/BOM file is password protected XLS file. Don’t unprotect the file. Price
has to be filled in the same file and the same has to be uploaded.
d. Save filled copy of downloaded BOM/BOQ file in your computer and remember
its name & location for uploading correct file (duly filled in) when required.
(V) The compatible support software (PDF Converter, Java, etc.) for online bid
submission may be downloaded from CPP Portal.
(VI) If some document is not applicable for the bidder then he has to upload scanned
copy of paper mentioning, The document <name> called vide clause _______ is not
applicable on us.
(VII) If document asked for contains more than one page then all those pages may be
uploaded in one PDF file.
*******************
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