डाक िवभाग भारत / department of posts, india ... - tamilnadu post ·...

डाक िवभाग , भारत / DEPARTMENT OF POSTS, INDIA

अधी क रेडासे कायॆलय, चे ई िवलगन मंडल, चे ई 600008

O/o Superintendent RMS, Chennai Sorting Division, Chennai- 600 008

(Phone : 044-28194693 ; 28190428)

(Email : [email protected]; [email protected])

H32/BOT/2019 dated at Chennai 600 008 the 05.03.2019

NOTICE INVITING e-TENDER

Online e-tenders (in Two bid systems- Technical and Commercial) are invited on behalf

of the President of India for supply, commissioning and operation of one Battery Operated

trolleys for Chennai Sorting Division, Chennai 600 008. The general terms and conditions

applicable to the contract, amounts of Earnest money /Security deposit and method of

submission of tender have been mentioned in Annexure-I.

1. The work is to be performed strictly as per parameters/technical specifications given in

part I of Annexure II. The terms and conditions specific to the contract have been mentioned in

part II of Annexure II. The proforma for submission of tender has been given in Annexure III

(for Technical bid) and Annexure IV for BOQ (for Commercial bid), to this Notice Inviting

Tender. Pre contract Integrity pact is included as Annexure V. The Schedule of Tender is

given under.

2. Schedule of Tender:

Last date and time of uploading of e-Tender : 26.03.2019 upto 11.00 hours

Date and time of opening of e-Tender : 27.03.2019 at 11.00 hours

Pre-bid meeting : 20.03.2019 at 11.00 hours

Estimate value of e-tender : Rs.3,40,000/-(Rupees Three Lakh Forty Thousand only)

Amount of Earnest money deposit : Rs.17,000/-(Rupees Seventeen thousand only)

Venue: O/o The Superintendent RMS, Chennai Sorting Division, Chennai-600 008, No. 6,

Police Commissioner’s Office Road, Egmore, Chennai 600008.

3. The response to the tender should be submitted online by the bidder on or before 26.03.2019

upto 11.00 hrs in electronic format both for technical and BOQ at the http://eprocure.gov.in

using their Digital Signature Certificate. The concerned documents should be scanned and

uploaded. However original P.O receipt for EMD deposited should be submitted physically or

sent by Registered Post/ Speed Post so as to reach the Office of the Tender Inviting Authority

before the scheduled date and time. Scanned copies of same should also be uploaded along

with the Technical e-Bid. Each page of NIT & Pre-Contract Integrity Pact should be

digitally signed by the tenderer.

Superintendent RMS,

Digital Signature Certificate Chennai Sorting Division,

Chennai- 600 008.

In case any of the bidders fails to submit the original P.O receipt for EMD upto 11.00 hrs on

27.03.2019, their bids shall not be accepted.

DOP will not be responsible for delay in online submission due to any reason. For this,

bidders are requested to upload the complete bid well in advance.

4. All the documents in support of eligibility criteria are to be uploaded along with

Technical bid. The tenderers are advised in their own interest to upload the scanned copies of

the desired papers/documents with their bids failing which their bids may be declared non-

responsive.

5. The foremost requirement of participation in e-tender is to have a Digital signature.

Each page of NIT should be signed with DSC and uploaded.

6. The PMG reserves the right to cancel the tender at any stage or relax time/amend/withdraw

any of the terms and conditions contained in the tender document without assigning any reason

thereof. Any enquiry, after uploading of the bid shall not be entertained. In case of withdrawl,

the EMD shall stand forfeited.

7. The terms and conditions of the tender are enclosed (PDF format) and the price

(Commercial bid) at BOQ format.

8. Complete tender documents may be downloaded from the website of central public

procurement portal http://eprocure.gov.in and notice (e-NIT) can be viewed from the website

of the department (www.indiapost.gov.in) .Information on any issue of corrigendum related to

this tender will also be available in the website of CPP Portal as also in the website of

Department.

9. Offline bids will not be entertained for the tenders published in e-procurement platform.i.e.,

tenders received by any means/mode other than electronic/online format, will not be

considered and they will be summarily rejected.

Superintendent RMS,


Chennai- 600 008.

DEPARTMENT OF POSTS, INDIA

Office of the Superintendent RMS, Chennai Sorting Division, Chennai 600008

ANNEXURE-I

GENERAL TERMS AND CONDITIONS

Sub: Notice inviting tenders to supply of One battery operated trolleys with

battery and charged unit (3 or 4 wheeler)

1. Parties : The parties to the Manufacturer (the Tenderer to whom the work have been

awarded) and the Government of India through Department of Posts for & on behalf of

President of India, represented by Superintendent RMS, Chennai Sorting Division,

Chennai 600 008.

2. Addresses:

For all purposes of the contract including arbitration there under, the address of the

Manufacturer mentioned in the tender shall be the final unless the Manufacturer notifies

a change of address by a separate letter sent by Registered post with acknowledgement

due, to the Department of Posts. The manufacturer shall be solely responsible for the

consequences of any omission or error to notify change of address in the aforesaid

manner.

3. The tenders under these specifications should fulfill the following criteria.

a) The tenderer should be a OEM (Original Equipment Manufacturer) in INDIA

manufacturing bov / buggies / trolley. This facility should be certified for ISO 9001: in

design, development, testing, manufacturing, supply & after sales support. Every

component in the vehicle is designed, tested and manufactured to meet the rugged

condition who regularly manufacture the Battery Operated Vehicles/Trolleys and has

adequate technical and practical experience. (Pl attach proof)

b) The tenderer should have adequate field service organization to provide necessary field

erection and management service required to successfully supply, test and commission

the systems as required under the specification.

c) The manufacturer must have supplied such BOV in atleast two organizations of Central

Government / places of national importance.(Pl attach proof).

d) The tenderer must have manufacturing experience of more than 5 years established

quality assurance systems and organization. (Pl attach proof)

e) The tenderer must have valid statutory tax clearance certificates. (pl attach proof)

Superintendent RMS,


Chennai- 600 008.

4. Earnest Money Deposit (Bid Security):

4.1 Earnest Money of Rs.17,000/- (Rupees Seventeen Thousand only) must be

deposited by bidder in any Post Office and Original Receipt in form ACG 67 or

Computerised UCR receipt provided by the Post Office in token of having received the

amount should be submitted electronically along with their tenders. The scanned copies

of receipts for EMD and Cost of Tender form must be duly uploaded and the original

receipts to be sent by Regd. Post/ Speed Post in a sealed envelope to the Superintendent

RMS, Chennai Sorting Division, Chennai 600008 so as to reach this Office on or before

26.03.2019. Firms registered under NSIC/DGS&D/MSME Act, 2006, units

registered with District Industries Central Joint Director of Commerce and

Industries, Government of Tamilnadu / respective Sate Governments with current

validity, are exempted from furnishing (EMD) Bid Security.

4.2 No request for transfer of any previous deposit of Earnest money or

Security deposit or payment of any pending bill held by the Department in respect of

any previous work will be entertained.

4.3 Tenderer shall not be permitted to withdraw his offer or modify the terms and

conditions thereof. In case the Tenderer fails to observe and comply with the

stipulations made herein or withdraws after quoting the rates, the aforesaid amount of

Earnest Money Deposit will be forfeited to the Government.

4.4 The tenders without Earnest Money Deposit will be summarily rejected except for

those registered under DGS&D/NSIC/MSME 2006 with current validity.

4.5 No claim shall lie against the Government/Department in respect of erosion in the

value or interest on the amount of Earnest Money Deposit or Security deposit. EMD of

unsuccessful bidders will be returned after expiry of final bid validity and latest on or

before the 30th

day after the award of the bid.

5. Submission of Bids: (Instructions for online bid submission)

As per the directions of the Department of Expenditure this tender document has been

published in the CPP Portal (http://eprocure.gov.in). The bidders are required to submit

soft copies of their bids electronically in the CPP Portal, using valid digital signature

certificate. The instructions given below are meant to assist the bidders in registering on

the CPP Portal, prepare their bids in accordance with the requirements and submitting

their bids online on the CPP Portal. More information useful for submitting online bids

on the CPP Portal may be obtained at http://eprocure.gov.in).

Superintendent RMS,

Digital Signature Certificate Chennai Sorting Division, Chennai- 600 008.

6. Registration:

1. Bidders are required to enroll on the e-procument module of the CPP Portal

http://eprocure.gov.in) by clicking on the link “click here to enroll”. Enrolment on the

CPP Portal is free of charge.

2. As part of the enrolment process, the bidders will be required to choose a unique user

name and assign a password for their accounts.

3. Bidders are advised to register their valid e mail address and mobile numbers as part of

the registration process. These would be useful for any communication from the CPP

Portal.

4. Upon enrolment, the bidders will be required to register their valid Digital Signature

Certificate (class II or class III certificates with signing key usage) issued by any

certifying authority recognised by CCA India (eg: SIFY/TCS/nCode/ eMudhra etc.)

with their profile.

5. Only one valid DSC should be registered by a bidder. Please note that the bidders are

responsible to ensure that they do not lend their DSCs to others which may lead to

misuse.

6. Bidders shall then log on to the site through the secured login by entering their user

ID/password and the password of the DSCs/e token.

7. Searching for tender documents:

1. There are various search options built in the CPP Portal to facilitate bidders to search

active tenders by several parameters. These parameters could include Tender ID,

organization name, location, date, value etc. There is also an option of advance search

for tenders, wherein the bidders may combine a number of such parameters mentioned

above to search for a tender published in the CPP Portal.

2. Once the bidders have selected the tenders they are interested in, they may download

the required documents/tender schedules. These tenders can be moved to the respective

“My tender” folder. This would enable the CPP Portal to intimate the bidders through

SMS / e-Mail in case there is any Corrigendum issued to the tender document.

3. The bidder should make a note of the unique tender ID assigned to each tender, in case

they want to obtain any clarification /help.

8. Preparation of Bids:

1. Bidder should take into account any Corrigendum published to the tender document

before uploading their bids.

Superintendent RMS,


2. Please go through the tender advertisement and tender document carefully to

understand the documents required to be uploaded as part of the bid. Please note the

number of documents – including the names and contents of each of the document that

need to be up-loaded. Any deviations from these may lead to rejection of bid.

3. The Bidder, should get ready the bid documents to be uploaded, in advance, as

indicated in the tender document/schedule and generally, they can be in PDF/XLS

formats. Bid documents may be scanned with 100 dpi with black and white option.

4. To avoid the time and effort required in uploading the same set of standard documents

which are to be submitted as a part of every bid, a provision of uploading such standard

documents (e.g., PAN card copy, Annual Reports, Auditors’ Certificate etc.) has been

provided to the bidders. Bidders can use “My Space” area while submitting a bid, and

need not be uploaded again and again. This will lead to a reduction in the time required

for bid submission process.

9. Submission of Bids:

1 Bidder should log on to the site well in advance for bid submission so that he/she

uploads the bid in time i.e. on or before the bid submission time. Bidder will be responsible

for any delay due to other issues.

2 The bidder has to digitally sign and upload the required bid, owning responsibility

for their correctness, authenticating the documents one by one as indicated in the tender

document.

3 Bidder has to select the payment option as “offline” to pay the EMD as applicable

and enter details of the instrument.

4 Bidder should prepay the EMD/cost of the document as per the instructions

specified in the tender document. The original should be posted/given in person to the tender

processing section, latest by the last date of bid submission. The details of the UCR issued by

any Post Office/ any other accepted instrument, physically sent, should tally with the details

available in the scanned copy and the data entered during bid submission time. Otherwise the

uploaded bid will be rejected.

5 The tenderer shall be required to furnish a declaration online stating that the soft

copies uploaded are genuine. Any incorrectness/deviation noticed will be viewed seriously

apart from cancelling the work (contract), forfeiting the EMD and the Firm will also be black

listed.

6 The bidder shall authenticate the bid with his Digital Signature Certificate for

submitting the bid electronically on e-procurement platform and the bids not authenticated by

Digital Certificate of the bidder will not be accepted on the e-procurement platform.

Superintendent RMS,


7. A standard BOQ format has been provided with the tender document to be filled by

all the bidders. Bidders are requested to note that they should necessarily submit their

financial bids in the format provided and no other format is acceptable. Bidders are required

to download the BOQ file, open it and complete the white colored (Unprotected) cells with

their respective financial quotes and other details (such as name of the bidder). No other

cells should be changed. Once the details have been completed the bidder should save it and

submit it online, without changing the file name. If the BOQ file is found to be modified by

the bidder, the bid will be rejected.

8. The server time (which is displayed on the bidder’s dash board) will be considered

as the standard time for referencing the dead line for submission of the bids by the bidders,

opening of the bids etc. The bidder should follow this time during the bid submission.

9. All the documents being submitted by the bidders would be encrypted using PKI

encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed

by unauthorized persons until the time of bid opening. The confidentiality of the bid is

maintained using the secured Socket Layer 128 bit encryption technology. Data storage

encryption of sensitive fields is done.

10. The bidder has to keep a watch of any change by viewing addendum/corrigendum

issued by the TIA on time to time basis on e-procurement platform. The Dept. will not be

responsible for any claim/problem arising out of this.

11. The uploaded tender documents become readable only after the tender opening by

the authorized bid openers.

12. Upon the successful and timely submission of bids, the portal will give a

successful bid submission message and a bid summary will be displayed with the bid

number and the date and time of the submission of the bid with all other relevant details.

13. The bid summary has to be printed and kept as an acknowledgement of the

submission of the bid. This acknowledgement may be used as an entry pass for any bid

opening meetings.

10. Signing of Tender:

Signature should be done electronically as per e-procurement system.

Individual signing the tender or other documents connected with contract must specify

whether he signs as:

(a) ‘Sole proprietor’ of the concern or constituted attorney of such sole proprietor if

through an attorney, a copy of the authorization/power of attorney should be uploaded.

(b) A partner of the Firm, if it be a partnership Firm, in which case he must have authority

to execute contracts on behalf of the Firm and to refer to arbitration disputes concerning the

business of the partnership either by virtue of the partnership agreement or by a power of

attorney duly executed by the partners of the Firm.

Superintendent RMS,


(c) Any authorised Officer of the Firm, then a copy of the Power of Attorney sworn in

before Notary Public should be uploaded.

(d) Director or a Principal Officer duly authorized by the Board or Directors of the

Company, if it is a company. A copy of the board resolution/authority duly signed by all

directors of company should be uploaded.

(e) In the case of Co-operative Society, the person who is signing the tender document

must have authority to do so and relevant authority from the Competent person

should be uploaded.

N.B (i) In the case of partnership Firms, a copy of the partnership agreement, or general

power of attorney duly attested by a Notary Public, should be furnished on stamped paper

duly sworn or affirmed by all the partners admitting execution of the partnership agreement

or the general power of attorney. The attested copy of the Certificate of Registration of Firm

should also be uploaded along with the tender.

(ii) In case of partnership Firms where no authority to refer disputes concerning the business

of partnership Firm has been conferred on any partner the tender, the RFP and all other

related documents must be signed by all partners of the Firm.

(iii) A person signing the Tender Form or any documents forming part of the RFP on behalf

of another person should have an authority to bid on behalf of such other person and if, on

enquiry it appears that the persons so signing had no authority to do so, the Department of

Posts, may, without prejudice, cancel the contract and hold the signatory liable for all costs,

consequences and damages under the civil and criminal remedies available.

(iv) In case of Pvt. Ltd./Limited companies, Company Incorporation Certificate along with

the articles of Association has to be uploaded.

11. Technical Bid:

i) Annual turn-over of the bidder for the last two financial years should be more than

Rs.51,00,000/-. Copy of the two years IT Returns and Audited Balance Sheet and Profit &

Loss statement of the Firm have to be uploaded along with the Technical Bid as specified in

Part II of Annexure III.

ii) Copy of the Registration certificate of GST and service Number is to be uploaded

along with the Technical bid.

iii) All documents relating to Technical Bid should be uploaded electronically as

required vide Part II of Annexure III of Tender document.

iv) All documents of Technical Bid should be submitted electronically in PDF format.

v) A specific mention in the Tender that the Terms and Conditions mentioned are

acceptable to the Firm, in full, is to be made by uploading a signed copy to this effect along

with the Technical bid.

vi) The Tenderer shall be required to furnish a declaration in “online” stating that the

soft copies uploaded by him are genuine. Any incorrectness/ deviation noticed will be

viewed seriously apart from canceling the work duly forfeiting the EMD and the Firm will

also be blacklisted.

Superintendent RMS,


vii) The bidder has to keep track of any changes by viewing addendum/corrigendum issued

by the Tender Inviting Authority on time to time basis on e-procurement platform. The

Department will not be responsible for any claims/problem arising out of this.

12. Commercial Bid:

12.1 The Department shall carry out the Technical evaluation solely based on the uploaded

Certificates/Documents in the e-procurement system and open the price bids of responsive

bidders.

12.2 The Commercial Bid should be submitted in BOQ file given in CPP Portal. The bidder

has to digitally sign and upload the required bid documents one by one as indicated in the

tender document.

12.3 The Commercial Bids of the Tenderer short-listed after evaluation of

technical bids will be opened on a specified date and time to be intimated to the respective

Tenderer. A duly constituted Tender Evaluation Committee (TEC) will evaluate the

Technical bids and Commercial bids.

12.4 A consolidated price (inclusive of all kinds of Taxes and other incidental charges) should

be quoted along with its break up showing various items of charge. The price quoted shall be

firm and final.

Taxes, if any, to be paid need to be duly indicated in the bid. Otherwise, no extra

payment would be made for this purpose. TOLL FEE/PARKING FEE etc., if any, payable en

route has to be borne by the manufacturer fully.

12.5 Terms of payment as stated in Tender Document shall be final.

12.6 At the time of payment, Income Tax, if any, shall be deducted at source as per

Government Rules and guidelines as may be prevailing at the time of payment.

12.7 No terms and conditions should be entered by the Tenderer along with

Commercial bid.

12.8 Any conditional bid will not be entertained.

13. Opening of Tender:

On the date and time indicated in the Schedule of Tender, Technical bids will be opened first

and read out in the presence of the tenderer or their authorized representatives. The tenderer is

at liberty either himself or authorize not more than the representative to be present at the time

of opening of the tender. The representatives attending the opening of the tender should bring

with him, a letter of authority from the tenderer and proof of identification. Thereafter,

Commercial Bids of the Tenderer short listed after evaluation of Technical bids will be opened

on a specified date and time to be intimated to the respective Tenderer.

Superintendent RMS,


14. Criterion for Evaluation of Tenders:

14.1 The evaluation of the tenders will be done on the basis of Certificate/documents

uploaded through online only and Technical information, furnished in the Form given in

Annexure – II, which includes;

14.1.1 Payment of Earnest Money (Bid Security) of Rs.17,000 /-

14.1.2 Submission of documents mentioned in Part II of Annexure III.

14.2 The Commercial Bid of such Firms found valid, based on technical parameters,

as per Annexure – I, will be opened either on the same day or on a different date, time and

venue to be announced after opening of the Technical Bid, as decided by the Competent

authority. Evaluation of Commercial Bids will be based on total consolidated price.

14.3 It must be kept in view that no decision will be given by the Tender Evaluation

Committee any inferences drawn during the meeting of this Committee by the Tenderers or

their representatives will be their own view and the Department will not be responsible and

abide by the same. The reasons for selections or rejections of a particular tender will not be

disclosed.

14.4 The award of work will be further subject to any specific terms and conditions

of the contract given in Annexure –I of this NIT.

14.5 The bidder shall invariably furnish the original EMD details/hard copies of

uploaded documents to Tender Inviting Authority before the date and time of opening of

Tender either personally or through Regd/Speed post and the receipt of the same is the

responsibility of the bidder. The Department will not take any responsibility for delay or non

receipt.

14.6 The participating MSEs in a tender, quoting price within the band of L1 + 15%

may also be allowed to supply a portion of the requirement by bringing down their price to the

L1 price, in a situation where L1 price is from someone other than an MSE. Such MSEs may

be allowed to supply up to 20% of the total tendered value. In case of more than one such

eligible MSE, the supply will be shared equally.

14.7 Out of 20% target of annual procurement from MSEs, a sub target of 4% (ie.,

20% out of 20%) will be earmarked for procurement from MSEs owned by SC / ST

entrepreneurs. In the event of failure of such MSEs to participate in the tender process or meet

the tender requirements and the L1 price, the 4% sub-target for procurement earmarked for

MSEs owned by SC / ST entrepreneurs will be met from, other MSEs.

Superintendent RMS,


15. Right of acceptance

15.1 The Department of Posts reserve all rights to reject any tender including of those

Tenderers who fail to comply with the instructions without assigning any reason whatsoever

and does not bind itself to accept the lowest or any specific tender. The decision of the

Department of Posts in this regard is final and binding.

15.2 Any failure on the part of the manufacturer to observe the

prescribed procedure and any attempt to canvass for the work will prejudice the

Manufacturer’s quotation.

16. Communication of Acceptance

Successful Tenderer will be informed of the acceptance of his tender. Necessary

instructions regarding the amount and time provided for security deposit will be

communicated. If the time schedule is not adhered to, the next tenderer will be awarded the

contract.

17. Performance Security (Security Deposit)

17.1 The successful Tenderer will have to furnish Performance Security equivalent to

10 % of the value of Tender value by Demand Draft drawn in favour of The

Superintendent RMS, Chennai Sorting Division, Chennai 600008 or NSCs or Fixed

Deposits in a Nationalised Bank pledged to the Department of Posts or Bank Guarantee

from a Nationalised Bank for a period extending to two months beyond the date

of_supply, within seven days from the date of acceptance of the tender and produce the

documents in original. The Firms registered with NSIC/DGS&D are exempted from

furnishing performance Security (Security Deposit) as per Rule 430(1) (a) read with Rule

430 (1) (c) (ii) of Postal Manual Volume II. The performance Security (Security Deposit)

will not be adjusted against any payment due to the Firm from the Department of Posts.

17.2 The Security Deposit can be forfeited by order of the Department of Posts in the

event of any breach or negligence or non-observance of any condition of contract or for

unsatisfactory performance or for non-acceptance of the work order. On expiry of the contract,

such portion of the said Security Deposit as may be considered by the Department of Posts

sufficient to cover any incorrect or excess payments made on the bills to the Firm, shall be

retained until the final audit report on the account of Firm’s bill has been received and

examined.

18. Time Schedule for completion of work:

The work must be completed within the time schedule prescribed in the supply

order. If the time schedule is not adhered to , the next tenderer will be awarded the contract.

Superintendent RMS,


19. Penalty:

In the event of the contractor failing to:

(i) observe or perform any of the conditions of the supply order / terms and conditions of

NIT or supply of the items as set out herein; or

(ii) Execute the supply order in good and workmen-like manner and to the satisfaction and by

the time fixed by the Department of Posts;

(a) It shall be lawful for the Department of Posts in its discretion in both the events to

withhold / cancel the supply order and to make such arrangement as the Department may think

fit at the risk of the supplier.

(b) In the event of (a) above, any excess cost be incurred by reason of the difference

between the prices paid and the accepted rates, Department of Posts may charge the amount of

such excess cost to the supplier to be adjusted from the Security Deposit or demand the

supplier to pay the said amount within seven days to the credit of the Department of Posts.

(c) The powers of the Department of Posts under this condition shall in no way affect or

prejudice the powers in certain events to terminate the contract vested in him as herein

provided nor forfeiture of deposit mentioned under clause 14 above.

(d) Since the work being awarded to the contractor is of important nature the time schedule

given in clause 13 must be adhered to failing which a Penalty at the rate of 2% for every week

delay will be imposed which will be recovered in the manner stated in sub-clause (b) of this

clause.

20. Natural Calamity, Strike etc:

In case of strike, combination of workmen or natural calamity of any kind, fire

accidents, or circumstances beyond the control of the firm causing stoppage of his work,

whereby the delivery or completion of work may be suspended resulting in undue delay,

without penalty, Department of Posts shall have the power during such stoppage to get the

work done elsewhere without charging the contractor. No obligation will rest on Department

of Posts to pay for any portion of the work undertaken before such stoppage. The contractor

shall provide every facility for removal and use of materials as may be necessary for timely

completion of the work.

21. Insolvency etc:

In the event of the firm being adjudged insolvent or having a receiver appointed for it by a

court or any other order under the Insolvency Act made against them or in the case of a

company the passing of any resolution or making of any order for winding up, whether

voluntary or otherwise, or in the event of the firm failing to comply with any of the condition

herein specified the Department of Posts shall have the power to terminate the contract without

previous notice.

Superintendent RMS,


22. Breach of Terms and conditions:

In case of breach of any of terms and conditions mentioned above, the Competent

Authority, will have the right to cancel the work order without assigning any reason therefor

and nothing will be payable by the Department in that event and the security deposit shall also

stand forfeited.

23. Subletting of Work:

The firm shall not assign or sublet the work or any part of it to any other person or party

without having first obtained permission in writing of the Director General, Department of

Posts, which will be at liberty to refuse if he thinks fit.

24. Right to call upon Information Regarding Status of Work:

The Department will have the right to call upon information regarding status of work at

any point of time.

25. Precautionary Measures:

25.1 While observing the economy in costs in his own interest the contractor must be careful

that quality and cleanliness of the work is maintained as well as time schedule prescribed etc.

should not be disturbed.

25.2 The Contractor must take every care to see that the work or any portion of thereof does

not fall into unauthorized hands. Care should be taken to execute the work under proper

security conditions and no spare item of work/ copies to be retained/ sold or otherwise made

over by the contractor or any of his staff member to any person other than the person(s)

authorized by the Department of Posts.

26. The tender is not transferable. Only one tender shall be submitted by one Tenderer. No

unsolicited correspondence will be entertained while the award of business is under

review/consideration. No individual queries will be responded to.

27. Terms of payment:

27.1 No payment shall be made in advance nor shall any loan from any bank or financial

institution be recommended on the basis of the order of award of work.

27.2 All payments shall be made by cheque only. TDS and other taxes as applicable from time

to time shall be deducted from each bill and the payment will be for net amount.

Superintendent RMS,

Digital Signature Certificate Chennai Sorting Division, Chennai- 600 008

27.3 The Department of Posts shall be at liberty to withhold any of the payments in full or in

part subject to recovery of penalties mentioned in preceding para.

27.4 The term “payment” mentioned in this para includes all types of payment due to the

contractor arising on account of this contract excluding Earnest Money and Security Deposit

governed by the separate clauses of the contract.

27.5 Wherever applicable all payments will be made as per schedule of payments stated in

Part-II of Annexure II

28. Arbitration:

If a dispute arises out of or in connection with this contract, or in respect of any defined

legal relationship associated therewith or derived there from, the parties agreed to submit that

dispute to arbitration under the ICADR Arbitration Rules, 1996.The authority to appoint the

arbitrator(s) shall be the International Centre for Alternative Dispute Resolution. The

International Centre for Alternative Dispute Resolution will provide Administrative services in

accordance with the ICADR Arbitration Rules, 1996.

The number of arbitrator shall be ONE. The language of the arbitration proceedings

shall be in English. The place of arbitration proceedings shall be at Bangalore.

29. Warranty:

The work done/ material supplied by the executants should be warranted for

satisfactory operation and against any defect in supplied material and workmanship at least

for a period of 2 (two) years from the date on which the BOT has been commissioned. the

above warrantee certificates shall be furnished to the Superintendent RMS, Chennai Sorting

Division, Chennai-600 008 after supply and installation of the systems. Any defect noticed

during warranty period should be rectified by the supplier free of cost provided such defects

may be due to bad workmanship or bad materials used. The warranty period shall be extended

by the period during which the BOT remains non-operative due to reasons within control of

the Executants. Care should be necessarily taken to make system operational, once the

reporting of the fault/non operational status is done, within a week. If the system is not made

operational within fifteen days, the parties (Superintendent RMS, Chennai Sorting Division,

Chennai- 600008) may rectify the same at the cost of bidders. The executants must not

produce the excuse of tempering of system for any non-functioning system.

The supplier shall furnish a guarantee/ warranty certificate to the above effect along

with the information in the format for warranty card along with supply of systems.

Superintendent RMS,


30. The successful tenderer will strictly adhere to the following technical specifications:

High Platform

Loading Weight 1500 Kg(1.5 ton)

Cabin Width 3.5 ft

Cabin Length 5.5 ft

Cabin Height 3 ft

Travel speed

(Km/hr)

Laden 6 to10

Battery Capacity 12V, 100 AH (5

no’s)

Charging Time 5-7 hrs

Other Monitoring

Devices

Headlight,

Horn,

Battery Indication

meter,

Safety Devices Auto Tripp switch

Battery Chargers

31.Termination of contract:

.

However, it is the discretionary power of the Superintendent RMS, Chennai Sorting

Division, Chennai-600 008 to impose the penalty or provide time extension for supply

and installation of the systems.

Superintendent RMS, Chennai Sorting Division, Chennai-600 008 may by written

notice of default to the executing firm, terminate the contract in circumstances detailed

hereunder:

If in the opinion of the Superintendent RMS, Chennai Sorting Division, Chennai - 600

008, the executing firm fails to complete the work within the time specified in the work

order or within the period for which extension has been granted by Superintendent

RMS, Chennai Sorting Division, Chennai-600 008 to the executing firm.

(a) If in the opinion of Superintendent RMS, Chennai Sorting Division, Chennai-

600 008, the executing firm fails to comply with any of the provisions of this

contract.

(b) In the event of Superintendent RMS, Chennai Sorting Division, Chennai-600

008 terminating the contract in whole or in part as provided in paragraph (a)

above, Superintendent RMS, Chennai Sorting Division, Chennai-600 008

reserves the right to engage another executing firm or agency upon such terms

and in such a manner as may deem appropriate and the executing firm shall be

liable to Superintendent RMS, Chennai Sorting Division, Chennai-600 008 for

any additional costs Superintendent RMS, Chennai Sorting Division, Chennai-

600 008 as may be required for the completion of supply of the Battery

Operated Vehicle or for penalty as defined under this tender document until

such reasonable time as may be required for the final completion of the work.

Superintendent RMS,


(c) In the event Superintendent RMS, Chennai Sorting Division, Chennai-600 008

does not terminate the contract as provided in paragraph (a) the executing firm

shall continue performance of the contract, in which case he shall be liable to

Superintendent RMS, Chennai Sorting Division, Chennai-600 008 for penalty

for delay as set out in this tender document until the work is completed.

32. Delivery and completion :

Time of delivery is important the supply and commissioning of the shall be completed

within the period specified in the work order preferably within 15 days of supply order.

The materials must be delivered within the stipulated time mentioned in the purchase order.

The installation & commissioning in the site must be completed within the time frame

prescribed by Superintendent RMS, Chennai Sorting Division, Chennai-600 008.

32(1). The offer must be kept valid for a period 180 days from the date of opening of

the tender till completion of the supply. No escalation clause except the admissible tax

component under the period of consideration would be accepted. The validity can be

further extended with mutual consent.

33.Force Majeure:

The supplier shall not be charged with the liquidated damages nor shall his security for

performance be forfeited when failure of supplier in making delivery is due to any event

beyond his control and could not have been foreseen, prevented or avoided by a prudent

person.

These include, but are not restricted to acts of God, acts of public enemy, acts of Govt.,

Fires, Floods, epidemics, strikes, freights, embargoes and unusually severe Weather.

Superintendent RMS,


DEPARTMENT OF POSTS, INDIA

Office of the Superintendent RMS, Chennai Sorting Division, Chennai 600008

ANNEXURE-II

PARAMETERS AND TECHNICAL SPECIFICATION FOR EXECUTING THE

WORK

Sub: Notice Inviting Tender to supply of one Battery Operated trolley with

battery and charger unit (3 or 4 wheeler)

Part-I

Parameters and Technical Specification for executing the Work

Name : Battery operated Trolley with battery and charger unit (3 wheeler or 4 wheeler)

High Platform

Loading Weight 1500 Kg(1.5 ton)

Cabin Width 3.5 ft

Cabin Length 5.5 ft

Cabin Height 3 ft

Travel speed

(Km/hr)

Laden 6 to10

Battery Capacity 12V, 100 AH (5

no’s)

Charging Time 5-7 hrs

Other Monitoring

Devices

Headlight,

Horn,

Battery Indication

meter,

Safety Devices Auto Tripp switch

Battery Chargers

Superintendent RMS,

Chennai Sorting Division,

Chennai- 600 008.

Digital Signature Certificate

Part-II

Annexure -II

Terms and Conditions Specific to the Contract

1. The items should be delivered on or within 30 days from the date of receipt or supply

order.

2. Delivery should be made at the place mentioned by the Superintendent RMS, Chennai

Sorting Division , Chennai- 600 008 in the supply order.

3. The rates quoted should be inclusive of all taxes and incidental charges.

4. An advance stamped receipt should be sent along with the bill in triplicate..

5. Despatch of the item must be notified to the Superintendent RMS, Chennai Sorting

Division, Chennai- 600 008.

6. The receipt of the supply order should be acknowledged by return of post.

7. Any violation of terms and conditions or supply of inferior quality of item will result in

total rejection of the item, apart from taking suitable remedial action at your cost and risk.

8. The guarantee of items supplied should be furnished clearly. In case of any

damage/breakage due to manufacturing defect etc. replacement should be given

immediately free of cost. In this connection the decision of the Superintendent RMS,

Chennai Sorting Division, Chennai- 600 008 will be final and binding on the tenderer.

9. Before purchase of any item, the firm will be inspected by the Superintendent RMS,

Chennai Sorting Division, Chennai- 600 008 or his authorized representative. The same

will be accepted only when the inspecting authority is satisfied or its quantity, quality and

performance.

10. The firm should arrange for repairs/replacement of defective items free of cost during

warranty period.

11. Department reserves the right for canceling of tender without assigning any reason.

Superintendent RMS,

Chennai Sorting Division,

Chennai- 600 008.

Digital Signature Certificate

Department of Posts

Part –I

ANNEXURE-III

TENDER FORM-I – TECHNICAL INFORMATIONS AND UNDERTAKING

Sub: Notice inviting tenders to supply of One battery operated trolleys

with battery and charged unit( 3 wheeler of 4 wheeler)

1. Name of the Tenderer/Concern:________________________________

2. Nature of the Concern:________________________________________

(i.e. Sole Proprietor or Partnership firm or a Company or a Government Department or

a Public Sector Organisation)

3. Details of UCR Receipt No. for cost of Tender Form

4. UCR Receipt No.__________ dated_________ Name of the Post _______

office______________or demand draft/Banker’s Cheque no_______________ dt.________

drawn on ___________________________favouring the Superintedent RMS, Chennia Sorting

Division, Chennai-600 008 and payable at Chennai for Rs.17,000/- towards Earnest Money

Deposit (EMD).

5. In case exemption is claimed, copy of EM filed with Department of Commerce & Industries

under MSME Act 2006/copy of Registration certificate for NSIC/ DG S&D with current

validity.

(Dated Signature of Tenderer with stamp of the firm)

Superintendent RMS,


UNDERTAKING

1. I/We undertake that I/We have carefully studied all the terms and conditions and

understood the parameters of the proposed work of the Department of Posts and shall

abide by them.

2. I/We also undertake that I/We have understood “Parameters and Technical

Specifications for conducting the Work” mentioned in Annexure-II of the Tender

No…………………..dated ……………..and shall conduct the work strictly as per

these “Parameters and Technical Specifications for conducting the Work”.

3. I/We further undertake that the information given in this tender are true and correct in

all respect and we hold the responsibility for the same.

4. I / We agree to arrange supplies in accordance with the nomenclature,

specifications (as per Annexure II) given in Technical Bid.

(Dated Signature of Tenderer with stamp of the firm)

Superintendent RMS,


Part – II of Annexure III

Documents to be Uploaded in the CPP Portal along with Technical bid

1. Each page of NIT and its Annexure, comprising of 29 pages, including pre-contract

integrity pact has to be digitally signed, stamped and enclosed. (Clause 5 of Annexure-I

refers).

2. Copy of Registration Certificate issued by NSIC, Govt. of India Enterprise/DG S&D,

MSME units registered with District Industries Centre/Department of Commerce and

Industries, Government of Tamil Nadu or with respective State Governments in respect of

those who are seeking exemption for payment of Earnest Money Deposit (Bid Security).

3. In case of Private Ltd Co or Public Ltd Co or Registered Co-operative Society, Annual

Reports consisting of Balance sheet and Profit and Loss Account for the year 2015-16,

2016-17 and 2017-18 duly authenticated.

4. In case of Sole Proprietorship or Partnership, Balance Sheets for the years, 2015-16, 2016-

17 and 2017-2018 duly authenticated.

5. Income Tax returns for the Assessment years, 2016-17 and 2017-18 duly authenticated.

6. In case of Pvt Ltd Co., Articles of Association and Company incorporation certificate in

case of Partnership firm Partnership deed has to be uploaded in the website.

7. Copy of PAN card.

8. Copy of Certificate of Registration of GST or similar registration with Govt. Authorities.

9. Documents referred to in Clause 5 in Annexure I of this NIT

10. List of major customers to whom these type of battery operated vehicles were supplies

during last two years viz., Jan 2016 to Dec 2017 with Xerox copy of supply orders.

11. The bidder has to upload a declaration stating that the soft copies uploaded are genuine.

Note: 1. The documents mentioned at serial 1 to 8 and 10 above are mandatory.

1. However, in respect of Firm/Company which commenced its operation on or after 01-

04-2015, the financial statements mentioned at items 3 to 5 above should cover the period from

the date of commencement of operation and upto 31.03.2016.

2. Tenders not accompanied with any of the documents mentioned at serial 1 to 8 & 10, except

to the extent stated in Note 2 above will be rejected.

Superintendent RMS,


Department of Posts

ANNEXURE-IV

(See Clause 10 of Annexure-I of this Tender Document)

Sub: Notice inviting tenders to supply of one battery operated trolleys

with battery and charged unit( 3 wheeler of 4 wheeler)

1. Total Price for the supply inclusive of all kinds of incidental charges and all taxes etc.

as per details given below will be Rs.________________________________

(in words) Rupees______________________________________________only).

2. Details

Sl.

No.

Particulars Number Rate per

item

inclusive

of all tax

and

charges

Amount

(In Rupees)

TOTAL

3. Any other information

Note ; The bid shall be valid for one year from the date of acceptance of tender / award of

work.

Dated at (Dated Signature of Tenderer with stamp of the firm)

Superintendent RMS,


ANNEXURE V

PRE CONTRACT INTEGRITY PACT

General:

This pre-bid pre-contract agreement (herein after called the integrity pact) is made on ------

day of the month of ------ 20 , between, on one hand, the President of India acting through

Shri ------ Designation of the officer, Ministry/Department, Government of India (herein after

called the “SERVICE USER”, 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 Sri------- Chief Executive Officer (herein after called the “SERVICE

PROVIDER” which expression shall mean and include, unless the context otherwise requires,

his successors and permitted assigns) of the second part.

WHEREAS the SERVICE USER proposes to procure (Name of the stores/equipment/item)

and the SERVICE PROVIDER is willing to offer/has offered the stores and

WHEREAS the SERVICE PROVIDER is a private company/Public Company/Government

undertaking/Partnership/Registered Export Agency, constituted in accordance with the

relevant law in the matter and the SERVICE USER is a Ministry/Department of the

Government of India/PSU performing its function on behalf of the President of India.

NOW, THEREFORE,

To avoid all forms of corrections by following a system that is where, transparent and free

from any influence/Prejudiced dealings prior to, during and subsequent to the currency of the

contract to be entered in to with a view to: -

Enabling the SERVICE USER 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 SERVICE PROVIDERs 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 SERVICE USER will commit to

prevent corruption, in any form by its officials by following transparent procedures.

The parties here to hereby agree to enter in to this integrity pact and agree as follows: -

1. Commitments of the Service User

1.1 The SERVICE USER undertakes that no official of the SERVICE USER, 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 SERVICE PROVIDER, 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.

Superintendent RMS,


1.2 The SERVICE USER will, during pre-contract stage, treat all SERVICE PROVIDERs

alike and will provide to all SERVICE PROVIDERs, the same information and will not

provide any such information to any particular SERVICE PROVIDER which could afford an

advantage to that particular SERVICE PROVIDER in comparison to other SERVICE

PROVIDERs.

1.3 All the officials of the SERVICE USER will report to the appropriate Government office

any attempted or completed breaches of the above commitments as well as any substantial

suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported by the

SERVICE PROVIDER to the SERVICE USER with full and verifiable facts and the same is

prima facie found to be correct by the SERVICE USER, necessary disciplinary proceedings,

or any other action as deemed fit, including criminal proceedings may be initiated by the

SERVICE USER 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 SERVICE USER

the proceedings under the contract would not be stalled.

3. Commitments of SERVICE PROVIDER

The SERVICE PROVIDER commits itself to take all measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of its bid or during any pre-

contract stage in order to secure the contract or in furtherance to secure it and in particular

commit itself to the following: -

3.1 The SERVICE PROVIDER 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 SERVICE USER, connected

directly or indirectly with the bidding process, or to any person, organization or third party

related to the contract in exchange for any advantage in the bidding, evaluation, contracting

and implementation of the contract.

3.2 The SERVICE PROVIDER 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 SERVICE USER 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 disfavor to any

person in relation to the contract or any other contract with the Government.

3.3 SERVICE PROVIDERS shall disclose the name and address of agents and representatives

and Indian SERVICE PROVIDERS shall disclose their foreign principals or associates.

3.4 SERVICE PROVIDERS shall disclose the payments to be made by them to agents/brokers

or any other Intermediary, in connection with this bid/contract.

Superintendent RMS,


3.5 The SERVICE PROVIDER further confirms and declares to the SERVICE USER that the

SERVICE PROVIDER is the original manufacturer/integrator/authorized government

sponsored export entity of the defence stores and has not engaged any individual or firm or

company whether Indian or foreign to intercede, facilitate or in any way to recommend to the

SERVICE USER or any of its functionaries, whether officially or unofficially to the award of

the contract to the SERVICE PROVIDER, 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 SERVICE PROVIDER, 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 official of the SERVICE USER or their family members,

agents, brokers or any other intermediaries in connection with the contract and the details of

services agreed upon for such payments.

3.7 The SERVICE PROVIDER 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 SERVICE PROVIDER will not accept any advantage in exchange for any corrupt

practice, Unfair means and illegal activities.

3.9 The SERVICE PROVIDER shall not use improperly, for purposes of competition or

personal Gain, or pass on to others, any information provided by the SERVICE USER as part

of the business relationship, regarding plans. Technical proposals and business details,

including information contained in any electronic data carrier. The SERVICE PROVIDER also

undertakes to exercise due and adequate care lest any such information is divulged.

3.10 The SERVICE PROVIDER commits to refrain from giving any complaint directly or

through any other manner without supporting it with full and verifiable facts.

3.11 The SERVICE PROVIDER shall not instigate or cause to instigate any third person to

commit any of the actions mentioned above.

3.12 If the SERVICE PROVIDER or any employee of the SERVICE PROVIDER or any

person acting on behalf of the SERVICE PROVIDER, either directly or indirectly, is a relative

of any of the officers of the SERVICE USER, or alternatively, if any relative of an officer of

the SERVICE USER has financial interest/stake in the SERVICE PROVIDER’s firm, the same

shall be disclosed by the SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE

USER.

Superintendent RMS,


4. Previous Transgression

a. The SERVICE PROVIDER 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.

b. The SERVICE PROVIDER agrees that if it makes incorrect statement on this subject,

SERVICE PROVIDER can be disqualified from the tender process or the contract, if

already awarded, can be terminated for such reason

5. Earnest Money (Security Deposit):-

a. While submitting commercial bid, the SERVICE PROVIDER shall deposit an amount of

₹17,000/- (Rupees Seventeen thousand only) as Earnest Money Deposit, with the

SERVICE USER in any Post Office and Original Receipt in Computerized UCR receipt

provided by the Post Office in token of having received the amount should be submitted

electronically along with their tenders.

b. The Earnest Money 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 SERVICE

PROVIDER and the SERVICE USER, including warranty period, whichever is later.

c. In case of the successful SERVICE PROVIDER a clause would also be incorporated in

the Article pertaining to Performance Bond in the Purchase Contract that the provisions of

Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a

decision by the SERVICE USER to forfeit the same without assigning any reason for

imposing sanction for violation of this Pact.

d. No interest shall be payable by the SERVICE USER to the SERVICE PROVIDER on

Earnest Money Deposit for the period of its currency.

6. Sanction for Violations

a. Any breach of the aforesaid provisions by the SERVICE PROVIDER or any one

employed by it or acting on its behalf (whether with or without the knowledge of the

SERVICE PROVIDER) shall entitle the SERVICE USER 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 SERVICE PROVIDER. However, the

proceedings with the other SERVICE PROVIDER(s) would continue.

(ii) The Earnest Money Deposit shall stand forfeited either fully or partially, as

decided by the SERVICE USER and the SERVICE USER shall not be required

to assign any reason therefore.

Superintendent RMS,


(iii) To immediately cancel the contract. If already signed, without giving any

compensation to the SERVICE PROVIDER.

(iv) To recover all sums already paid by the SERVICE USER, and in case of an

Indian SERVICE PROVIDER with interest thereon at 2% higher than the

prevailing Prime Lending Rate of State Bank of India, while in case of a

SERVICE PROVIDER from a country other than India with interest thereon at

2% higher than the LIBOR. If any outstanding payment is due to the SERVICE

PROVIDER from the SERVICE USER in connection with any other contract

for any stores, such outstanding payment could also be utilized to recover the

aforesaid sum and interest.

(v) To encash the advance bank guarantee and performance bond/warranty bond, if

furnished by the SERVICE PROVIDER, in order to recover the payments,

already made by the SERVICE USER, along with interest.

(vi) To cancel all or any other Contracts with the SERVICE PROVIDER. The

SERVICE PROVIDER shall be liable to pay compensation for any loss or

damage to the SERVICE USER resulting from such cancellation/rescission and

the SERVICE USER shall be entitled to deduct the amount so payable from the

money(s) due to the SERVICE PROVIDER.

(vii) To debar the SERVICE PROVIDER 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 SERVICE USER.

(viii) To recover all sums paid in violation of this Pact by SERVICE PROVIDER(s)

to any middleman or agent or broker with a view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of

any contract signed by the SERVICE USER with the SERVICE PROVIDER,

the same shall not be opened.

(x) Forfeiture of Performance Bond in case of a decision by the SERVICE USER to

forfeit the same without assigning any reason for imposing sanction for

violation of this Pact.

(a) The SERVICE USER will be entitled to take all or any of the actions

mentioned at para (i) to (x) of this Pact also on the Commission by the

SERVICE PROVIDER or any one employed by it or acting on its behalf

(whether with or without the knowledge of the SERVICE PROVIDER),

or an offence as defined in Chapter IX of the Indian Penal Code, 1860,

or Prevention of Corruption Act 1988 or any other stature enacted for

prevention of corruption.

(b) The decision of the SERVICE USER to the effect that a breach of the

provisions of this Pact has been committed by the SERVICE

PROVIDER shall be final and conclusive on the SERVICE

PROVIDER. However, the SERVICE PROVIDER can approach the

Independent Monitor(s) appointed for the purposes of this Pact.

Superintendent RMS,


7. Fall Clause:-

The SERVICE PROVIDER undertakes that it has not supplied/is not supplying similar

product/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/systems or sub systems was supplied by the SERVICE PROVIDER

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 SERVICE PROVIDER to the SERVICE

USER , if the contract has already been concluded.

8. Independent Monitors:-

a. The SERVICE USER has appointed Independent Monitors (hereinafter referred to as

Monitors) for this Pact in consultation with the Central Vigilance Commission (Names and

Addresses of the Monitors to be given).

b. 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.

c. The Monitors shall not be subject to instructions by the representatives of the parties

and perform their functions neutrally and independently.

d. Both the parties accept that the Monitors have the right to access all the documents

relating to the project/procurement, including minutes of meetings.

e. 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 SERVICE USER.

f. The SERVICE PROVIDER(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the SERVICE USER including that provided by

the SERVICE PROVIDER. The SERVICE PROVIDER 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 SERVICE

PROVIDER/Subcontractor(s) with confidentiality.

g. The SERVICE USER will provide to the Monitor sufficient conformation about all

meetings among the parties related 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.

h. The Monitor will submit a written report to the designated Authority of SERVICE

USER/Secretary in the Department within 8 to 10 weeks from the date of reference or

intimation to him by the SERVICE USER/SERVICE PROVIDER and, should the

occasion arise, submit proposals for correcting problematic situations.

Superintendent RMS,


9. Facilitation of Investigation: -

In case of any allegation of violation of any provisions of this Pact or payment of commission,

the SERVICE USER or its agencies shall be entitled to examine all the documents including

the Books of Accounts of the SERVICE PROVIDER and the SERVICE PROVIDER shall

provide necessary information and documents in English and shall extend all possible help for

the purpose of such examination.

10. Law and Place of Jurisdiction: -

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the

SERVICE USER.

11. Other Legal Actions:-

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that

may follow in accordance with the provisions of the extant law in force relating to any civil or

criminal proceedings.

12. Validity:-

a. 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 SERVICE

USER and the SERVICE PROVIDER/Seller, including warranty period whichever is

later. In case SERVICE PROVIDER is unsuccessful, this Integrity Pact shall expire

after six months from the date of the signing of the contract.

b. Should one or several provisions of this Pact turn out to be invalid; the reminder of this

Pact shall remain valid. In this case, the parties will strive to come to an agreement to

their original intenstions.

The parties hereby sign this Integrity Pact at on

SERVICE USER SERVICE PROVIDER(BIDDER)

Name of the Officer CHIEF EXECUTIVE OFFICER

Designation

Deptt./Ministry/PSU

Witness Witness

1. 1.

2. 2.

Provisions to these clauses would need to be amended / deleted in line with the

policy of the BUYER (SERVICE USER) in regard to involvement of Indian

agents of foreign suppliers.

Superintendent RMS,
