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TRANSCRIPT
Bruhat Bangalore Mahanagara Palike
REQUEST FOR PROPOSAL
FOR
IMPLEMENTATION OF SMART HEALTH INSURANCE
CARD PROGRAM FOR BPL FAMILIES IN
BANGALORE UNDER BBMP JURISDICTION
May 2010
Commissioner Bruhat Bangalore Mahanagara Palike
N.R. Square, Bangalore – 560 002
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PART 1
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BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP) N. R. SQUARE, BANGALORE – 560 002
TENDER NOTIFICATION
Name Of Work : Implementation of Smart Health Insurance
Card program for BPL families in Bangalore
under BBMP jurisdiction
Tender Reference : No.MOH(MCH&FW)PR75/10-11
Last Date for uploading
the Filled Tender Document is : 20.07.2010 by 4.00 p.m.
Date of Opening of
Technical Tender Document is : 21.07.2010 at 4.30 p.m.
Place of Opening of
Cover One of Tenders :Office of the Additional Commissioner( Health)
Bruhat Bangalore Mahanagara Palike
N. R. Square, Bangalore – 560 002
Time and Date of Opening of
Financial bid of Tenders : Will be notified to the Qualified Tenderers
Address for : The Commissioner
Communication Bruhat Bangalore Mahanagara Palike
N. R. Square, Bangalore – 560 002.
Medical officer of Health(MCH&FW)
Dasappa Hospital Compound
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Table of Contents
Clause No. Description
Section-I Invitation to Tenderers (IFT)
Section-II Instruction to Tenders
1. Introduction
2. Eligibility of Tenderers
3. Cost of Tendering
4. Tender Document,
Contents of Tender documents
5 Clarification of Tender Document
6 Amendment of Tender document,
7 Preparation of Tenders
. Language of Tender
8 Documents comprising the Tender
9. Tender Form
10. Tender Prices
11. Tender Currency
12. Documents Establishing Tenderer’s
Eligibility & Qualification
13. Documents Establishing Goods Eligibility &
Conformity to Tender Documents
14. Earnest money deposit (Tender Security)
15. Period of Validity of Tender
16. Format and signing of Tender
17. Submission of Tenders
Sealing and marking of Tenders
18. Mode of Submission of Tenders
19. Deadline for submission of Tenders
20. Late Tenders
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21. Modification and Withdrawal of Tenders
22. Tender opening and evaluation of Tenders,
Opening of Tenders by the purchaser
23. Clarification of Tenders
24. Preliminary Examination
25. Evaluation and comparison of Tenders
26. Contacting the Purchaser
27. Award of contract
Post qualification
28. Award criteria
29. Purchasers right to vary quantities at award
30. Purchasers right to accept any tender and to reject
any or all Tenders
31. Notification of award
32. Signing of Contract
33. Performance Security
34. Corrupt and Fraudulent practices
35. Acceptance or rejection of Tenders
Section-III General Conditions of Contract
Section-IV Special Conditions of Contract
Section-V Description and scope of contract
Section-VI Schedule of Delivery and Payment Terms
Section-VII Tender Form
Section-VIII EMD Details
Section-IX Performance Security Form Section-X Annual Maintenance security Form Section-XI Statement of Experience Section-XII Capability statement Section-XIII Format of Acceptance of Implementation schedule Section-XIV Form of Undertaking Section-XV Details of Organization Section-XVI Details of Smart Card based health insurance card
management and or other IT solution Experience Section-XVII Check list Section-XVIII MoU Format Section-XIX Bank Guarantee Format for EMD Appendix – A Power of Attorney Format Appendix – B Form of Contract Agreement Appendix – C Details of Health Centres/Hospitals list
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BRUHAT BANGALORE MAHANAGARA PALIKE
No.MOH(MCH&FW)PR/75/10-11 Office of the Additional Commissioner (Health) BBMP, N.R. Square Bangalore- 560 002
SECTION-1: INVITATION FOR TENDERS (IFT)
1. The Commissioner, BBMP, invites Tenders from eligible Tenderers, for
“Implementation of Smart health insurance card program for BPL families in
Bangalore under BBMP jurisdiction” for the project period of 10 Years.
2. Tenderers are advised to note the qualification criteria specified in Section II to
qualify for award of the contract.
3. Tender documents may be downloaded from Government of Karnataka e-
Procurement website https://eproc.karnataka.gov.in/eportal/index.seam under login
for Contractors:
After login to Contractors, please scroll down to the right side bottom to see List of
Tenders, Please click there to find the details of NIT and download copy of the
tender. The tender can be downloaded in the portal as per prescribed date and
time published in the portal. Only Interested Contractors who wish to participate
should remit on line transaction fee for tender after registering in the portal. The
transaction fee is non-refundable if you wish to participate.
4. Tenders must be accompanied by earnest money deposit by way of a Bank
Guarantee of Rs. 10,00,000/- ( Rupees Ten lakhs ) from any Nationalised
bank/scheduled bank and is to be submitted and Rs. 1,000,00/- ( Rupees One Lakh
) should be paid online through e-Procurement portal using any of the following
payment modes :
Credit card, Direct Debit, National Electronic Fund Transfer (NEFT), Over the
Counter (OTC).
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5. Tenders must be electronically submitted (on-line through internet) within the date
and time published in e-procurement portal. First Cover Tenders comprising
Technical proposal will be opened at prescribed time and date in the e-procurement
portal , in the presence of the Tenderers who wish to attend at the Office of
Additional Commissioner ( Health ), BBMP, N.R. Square, Bangalore - 560002
6. Other details can be seen in the tender documents.
TABLE
Sl.
No.
Name of the Work
EMD
( Rs. in
Lakhs )
Tender
Processing
Fee (in Rs.)
Project
period
1.
Implementation of Smart health
insurance card program for BPL families
in Bangalore under BBMP jurisdiction
11.00
5,000/- to be
paid as per
e-proc
portal
10 years
7. Calendar of events:
• Last Date for uploading the Filled Tender Document is 20.07.2010 upto 4.00 p.m.
• Date of Opening of Technical Tender Document is 21.07.2010 at 4.00 p.m.
• Date of Opening of Financial Tender Document will be notified later.
8. Eligibility criteria:
a. Any reputed Company registered with BBMP / CPWD / KPWD / Railways / MES or
any State Government Organizations are eligible to apply.
b. The entities eligible for participating in the qualification process shall be as follows :
i. A single company or Entity with experience in software development and operating
on-line information kiosk for the Utilities or a system integrator with usage of smart
cards or an IT solution provider with smart card application with customer base in
the automation of utilities or health care.
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The term Tenderer would here-in after apply to the above-mentioned category of company
ii. No Joint Venture will be allowed.
c. Tenderers should not be associated, or have been associated in past, directly or
indirectly, with a firm or any of its affiliates which have been engaged by the
purchaser to provide the consulting services for the preparation of the design,
specifications, and other documents to be used for Satellite based educational
services to the students under BBMP jurisdiction under this invitation of Tenders.
d. Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent
practices issued by Government of Karnataka or any other State or Central
Government body.
e. Specific criteria for the Tenderers to be eligible for participation in the Tender
process are as under:
• Should have experience having successfully completed at least 2 nos. e-
Governance projects of over a period of last 5 years either in Government/PSU or
Private bodies of order value summing up to Rs.5.00 Crores evidenced by Purchase
Order.
• Should have adequate experience in smart card operations and distributed and
integrated at least 10,000 nos. contact less smart cards.
• Should have implemented similar Smart card based Health care Establishment /
Institution/ Utility/ office Management Software in at least 2- projects.
• The Tenderer should have adequate infrastructural and financial resources to
undertake the contract
• Must be ISO-9001:2000 or equivalent accreditation certified.
The above specific criteria either any or all, if can not be met by the Tenderer, a tie-
up can be made with other eligible companies and a Memorandum of
Understanding as per the format given should be submitted along with the Tender
document.
f. Certificates of proof (supported by completion of work) shall be enclosed for the
above.
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g. Should have minimum average turnover as well as net worth each Rs. 250.00
Crores ( Rupees Two hundred and Fifty Crores ) in any year during the past 3-
Financial Years. In case the tenderer is not meeting this criteria and its parent
company of whom the tenderer is a subsidiary, then the financials of the holding
company will be considered to have met this qualification requirement. This can be
met by the Tenderer or by its parent company.
Any State or Central Government Undertaking Company participating in this tender
can be exempted from the financial eligibility criteria as mentioned above, but it
should have a positive networth in the last 3-Financial years and auditor’s certificate
shall be submitted in this regard.
h. The tenderer should furnish the list of manpower, equipments possessed by him as
per the tender documents.
i. For those Tenderers whose Technical bids do not satisfy the Eligibility Criteria as
mentioned above, their financial bids will not be opened.
9. The successful Tenderer shall enter into the Agreement with the BBMP within
twenty one (21) days of receipt of letter of Credit. The Tender Document will form
the part and parcel of the Agreement.
10. Bruhat Bangalore Mahanagara Palike reserves the right to accept / reject any or all
the Tenders without assigning any reasons.
11. The Tender will remain valid for 120 days after the deadline date for Tender
submission.
12. The Work shall be commenced within 7 days from the Date of Work Order, failing
which it would be presumed that the Successful Tenderer is not interested in the
Work and Action will be taken as per the terms of this contract agreement.
13. A pre-bid meeting is arranged on 30.06.2010 at 3.00 p.m. at the office of Additional
Commissioner ( Health ), BBMP, N.R. Square, Bangalore – 560 002 where further
details and queries, if any will be clarified.
14. All the participants should produce all the original documents for verification
whenever necessary.
15. Conditional tenders will not be accepted.
16. Tender Notification along with Blank Tender Form will be accessible in the e
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Procurement website (www.eproc.karnataka.gov.in)
-Sd/-
Commissioner
Copy Submitted to:
1. Administrator for kind information. 2. The Commissioner for kind information 3. Special Commissioner ( Admin.) / (Finance) for kind information. 4. The state tender bulletin officer and The Joint Secretary., UDD, Govt. of Karnataka
for kind information with a request to publish in the State Tender Bulletin. 5. The District tender Bulletin Officer, and the Deputy Commissioner, Bangalore urban
district with a request to publish the same in the district tender bulletin. 6. CAO/ Chief Auditor for kind information. 7. Additional Commissioner ( Health )/ Chief Health officer 8. I.T Advisor with a request to publish in the BBMP website. 9. All Executive Engineers with request to publish the same in the display/ notice boards. 10. ACF(MR) / Accounts Superintendent / Cashier for information for verification and issuing tender forms. 11. Public Relation Officer, BBMP with a request to take need full action to publish the
same in any two leading daily news papers (in Kannada and English), Notice Board. Office Copy.
Sd/- Commissioner
BMMP N.R. Square , Bangalore – 560002
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SECTION II: INSTRUCTIONS TO TENDERERS (ITT)
1. Introduction
The degree of success in implementing Government’s various welfare programmes
is dependent on the level of efficiency of the delivery process. Adopting appropriate
tools to achieve this objective is very important factor. Multi-Application Smart
Cards is one of such tools in recent times which facilitate simplification of
procedures and enhancing the efficiency in administering various schemes.
Under poverty eradication scheme, it is mandatory to identify the families deserving
help and assistance. Bruhat Bangalore Mahanagara Palike ( BBMP), in order to
improve upon its health welfare scheme for the Below Proverty Line (BPL) families
in Bangalore, proposes to implement the multi-application smart card program by
issuing primarily a smart health insurance card to the BPL family members under
this project with provision for multi-application under other welfare schemes.
The identity of the households below the poverty line is not fixed from year to year. The largest turnover occurs because of health shocks followed by natural disasters (droughts and floods) that knock people below the poverty line, while others who have recovered from the shock or have improved their position move above the line. The smart cards will have complete entitlement related information also. Annual updating of entitlement related information could be done. Even disaster related variables could be inbuilt into the smart card through which poor people living in disaster prone areas could be assisted.
The smart health insurance card would also consist of the identification module
with provision for the economic characteristics module and several applications
modules. The identification module would have two basic sub-modules. One for
permanent and another for changeable identifiers. As many government programs
target the household and/or are based on household characteristics the smart card
must contain information relevant to linking personal identification numbers to the
members of the household. A third separate sub-module would be included for
citizenship status. The success of a smart card based system, however, depends
crucially on building up a quality back-end data base as well as in periodically
updating the same. If the supporting data base is faulty many of the manual system
of managing the welfare /subsidy schemes will continue to haunt the smart card
based system as well. That is households which are actually poor are not included
while others are. These types of errors have to be got removed by BBMP. The
whole responsibility of developing a sound data base and managing will be done by
BBMP. Once such a data base is available the smart card system can run it well.
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2. Eligibility Criteria of Tenderers
Any reputed Company registered with BBMP / CPWD / KPWD / Railways / MES or any State Government Organizations are eligible to apply.
2.1 The entities eligible for participating in the qualification process shall be as follows :
i. A single company or Entity with experience in software development and operating on-line information kiosk for the Utilities or a system integrator with usage of smart cards or an IT solution provider with smart card application with customer base in the automation of utilities or health care.
The term Tenderer would here-in after apply to the above-mentioned category of company
ii. No Joint Venture will be allowed.
2.2 Tenderers should not be associated, or have been associated in past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the purchaser to provide the consulting services for the preparation of the design, specifications, and other documents to be used for Satellite based educational services to the students under BBMP jurisdiction under this invitation of Tenders.
2.3 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent
practices issued by Government of Karnataka or any other State or Central Government body.
2.4 Specific criteria for the Tenderers to be eligible for participation in the Tender
process are as under:
• Should have experience of having successfully completed at least 2 nos. e-Governance projects of over a period of last 5 years either in Government/PSU or Private bodies of order value summing up to Rs.5.00 Crores evidenced by Purchase Order.
• Should have adequate experience in smart card operations and distributed and integrated at least 10,000 nos. contact less smart cards.
• Should have implemented similar Smart card based Health care Establishment / Institution/ Utility/ office Management Software in at least 2- projects.
• The Tenderer should have adequate infrastructural and financial resources to undertake the contract.
• Must be ISO-9001:2000 or equivalent accreditation certified.
The above specific criteria in Cl. 2.4 either any or all, if can not be met by the Tenderer, can have a tie-up with other eligible companies as a Technology/Service
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provider/Supplier and a Memorandum of Understanding as per the format attached in Section XVIII should be submitted along with the Tender document. The MoU thus entered into, between the Tenderer and the MOU provider should be specific to the Project failing which the Proposal shall be considered non-responsive.
In the course of the project execution, in case, the successful bidder wants to change the company with whom the bidder signed the MOU at the time of submission of the tender, the successful bidder will be able to replace him with another Company provided the new proposed company meets the required eligibility criteria of the tender.
2.5 As proof of meeting the above criteria necessary Certificates of proof of completion of work should be enclosed with the tender.
2.6 Should have minimum average turnover as well as net worth each Rs 250.00 Crores ( Rupees Two Hundred and Fifty crores ) in any year during the past 3- Financial Years. In case the Tenderer is not meeting this criteria, and its parent company of whom the tenderer is subsidy, then the financials of the holding company will be considered to have met this qualification requirement. This can be met by the Tenderer or by its parent company.
Any State or Central Government Undertaking Company participating in this tender can be exempted from the financial eligibility criteria as mentioned above, but it should have a positive networth in the last 3-Financial years and auditor’s certificate shall be submitted in this regard.
2.7 The tenderer should furnish the list of manpower, equipments possessed by him as per the tender documents.
2.8 For those Tenderers whose Technical bids do not satisfy the Eligibility Criteria as mentioned above, their Financial bids will not be opened.
2.9 Each Tenderer shall submit only one Tender. A Tenderer who submits or
participates in more than one Tender will cause all the proposals with the Tenderer’s
participation to be disqualified. However, the Technology /Service Provider/Supplier
can have tie-up with more than one Tenderer in the bidding stage.
3. Cost of Tendering
3.1 The Tenderer shall bear all costs associated with the preparation and submission of
its TENDER, and the Commissioner, BBMP, herein after referred to as “the
Purchaser” will in no case be responsible or liable for these costs, regardless of the
conduct or outcome of the Tender process.
3.2 All Tenders must be accompanied by Earnest Money Deposit as specified below
and submitted on or before the prescribed date, at place and time given in Section I
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of this document. Tenders submitted without Earnest Money Deposit will be
summarily rejected
3.3 Interested and eligible Tenderers may obtain further information or clarification from
the Office of Additional Commissioner ( Health ), BBMP, N.R. Square, Bangalore-
560002. Phone: 22975591 & Medical officer of Health (MCH&FW) Dasappa
Hospital Compound, opp town hall SJP Rod Bangalore.
.
4. Tender Document
Contents of Tender Document
4.1 The Tender document for “Implementation of Smart health insurance card program
for BPL families in Bangalore under BBMP jurisdiction ” comprises of:
1. Invitation for Tenders
2. Instructions to Tenderers
3. General Conditions of the Contract
4. Description and scope of the contract and technical specifications
5. Special Conditions of the Contract
6. Schedule of requirements
7. Memorandum of Understanding and Power of Attorney
8. Tender Form & Price Schedule ( in Part-2 )
9. Earnest Money Deposit
10. Performance security Form
11. Details of experience Form
12. Capability Statement
13. Acceptance of implementation schedule
14. Undertaking
15. Details of Organization
16. Details of the smart card based programme management solutions.
17 Check lists of documents to be submitted in First Envelope
18. Form of contract agreement.
4.2 The Tenderer is expected to examine all instructions, forms, terms and
specifications in the Tender Documents. Failure to furnish all information required
by the Tender Documents or submission of a TENDER not substantially responsive
to the Tender Documents in every respect will be at the Tenderer's risk and may
result in rejection of its TENDER.
5. Clarification of Tender Document
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5.1 A prospective Tenderer requiring any clarification of the Tender documents may
notify the Purchaser in writing or by telex or cable or fax at the Purchaser's mailing
address indicated in the Invitation for Tenders. The Purchaser will respond in writing
or by telex or cable or fax or email to any request for clarification of the Tender
documents which it receives no later than 15 days prior to the deadline for
submission of Tenders prescribed by the Purchaser. Written copies of the
Purchaser's response (including an explanation of the query but without identifying
the source of inquiry) will be sent to all prospective Tenderers which have received
the Tender documents.
6. Amendment of Tender Document
6.1 At any time prior to the deadline for submission of Tenders, the Purchaser may, for
any reason, whether at its own initiative or in response to a clarification requested by
a prospective Tenderer, modify the Tender Documents by amendment.
6.2 All prospective Tenderers who have received the Tender documents will be notified
of the amendment in writing or by cable or by fax or by email and will be binding on
them.
6.3 In order to allow prospective Tenderers reasonable time in which to take the
amendment into account in preparing their Tenders, the Purchaser may, at its
discretion, extend the deadline for the submission of Tenders.
7. Preparation of Tenders
Language of Tender
7.1 The Tender prepared by the Tenderer as well as all correspondence and documents
relating to the Tender exchanged by the Tenderer and the Purchaser, shall be
written in the English language. Supporting documents and printed literature
furnished by the Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in the English
language in which case, for purpose of interpretation of the Tender, the translation
shall govern.
8. Documents (Comprising) the Tender:
8.1 The Tenderer must submit all the documents listed under clause 4 and other certificate and documents as necessary along with the Tender form as per Section VII in the First Envelope, in order to qualify for consideration in the opening of the Second Envelope containing the PRICE SCHEDULE as per Part 2 of the tender documents
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9. Tender Form
9.1 The Tenderer shall complete the Tender Form and the appropriate Price Schedule
furnished in the tender documents, indicating the prices for various items/services
and automated management services.
10. Tender Prices
10.1 The Tenderer shall indicate on the Price Schedule the item prices and total tender
prices of the services it proposes to provide under the Contract. The tenderer shall
quote for the complete requirement of services specified in this contract on a single
responsibility basis, failing which such tenders will not be taken into account for
evaluation and will not be considered for award
10.2 The Tenderer’s break-up of the price components shall be in accordance with Part 2
of the Tender documents.
10.3 Above will be solely for the purpose of facilitating the comparison of tenders by the
purchaser and will not in any way limit the Purchaser's right to contract on any of the
terms offered.
10.4. Prices quoted by the Tenderer shall be fixed for the Lump sum fixed prices for the
supply and Operation and maintenance items for the first year. From 2nd year on-
wards, the price increase shall be as per cl.10.4.1 described here-in. The total
contract period is for ten ( 10 ) years.
10.4.1 In the course of the contract period, add-on of smart cards for BPL family
members will be made yearly. From 2nd year on-wards, the total payment for
supply as well operation and maintenance price, unit price for each item will be
increased by 7.5% per year on a compounding basis.
11. Tender Currency
11.1 Prices shall be quoted in Indian Rupees:
12. Documents Establishing Tenders Eligibility and Qualification
12.1 The Tenderer shall furnish, as part of its tender, documents establishing the
Tenderers eligibility to Tender and its qualification to perform the contract if its
Tender is accepted. The Tender prepared by the Tenderer shall be submitted in
‘Two Envelopes’ comprising the following components:
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12.2 First Envelope shall contain:
Attested copies of documents showing that the Tenderer has the Financial,
Technical and Service capability necessary to perform the contract and meet the
criteria outlined in the qualification requirements and to fulfill this all Tenders
submitted shall include the following information:
i. Attested copies showing the legal status, place of registration and principal
place of business of the firm.
ii. CA certified documents showing that the tenderer had an average turnover of
Rs.250.0 Crores and net worth also Rs 250.0 Crore in any one year during the
past three financial years.
iii.Certificate from Client showing that the Tenderer is providing or provided smart
card based programme management.
iv.Copies of Sales tax Registration and Sales tax returns filed in the last financial
year.
v. Copies of acknowledgement of Income tax returns filed in the last three (3)
Financial years
vi. Copies of Audited financial Statements for last three (3) Financial years.
vii Details of the Organization as per Section XV including list of Technical
employees.
viii Details of smart card based management solutions as per Section XVI
ix. Tender form as per Section VII
x. Earnest Money Deposit for the prescribed sum of Rs. 11,00,000.00 (Rs.
Eleven lakh only ) required as per clause 14.0
xi. Statement of past experience as per Section XI and capability statement as
per Section XII.
xii Format of Acceptance of Implementation schedule as per Section XIII
xiii. Undertaking as per Section XIV
xv. Checklist of Documents to be submitted in First Envelope as per Section XVII
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xvi. MoU signed, if applicable as per Section –XVIII and Power of Attorney as per
Appendix-A
12.3 The Second Envelope shall contain:
The rate quoted as per the Price schedule provided in Part 2 of the Tender
Documents. It is to be noted that the Tenderer has to Tender for the entire scope of
work.
13. Documents Establishing Goods' Eligibility and Conformity to Tender
Documents
13.1 Pursuant to ITT Clause 12, the Tenderer shall furnish, as part of its tender,
documents establishing the eligibility and conformity to the tender documents of all
goods and services which the tenderer proposes to supply on service basis under
the contract.
14. Earnest Money Deposit (EMD)
14.1 Any TENDER not in accordance with the Clause 8 above will be rejected.
14.2 The Earnest Money Deposit is required to protect the purchaser against risk of
Tenderer’s conduct, which would warrant the forfeiture of security.
14.3 The Earnest Money Deposit of Rs. 11,00,000/- ( Rs. Eleven lakhs only ) shall be in
Indian Rupees and required to be submitted as per e.procurement norms
mentioned in Section-I: Invitation to Tenderers, Cl.4.0
Of the total EMD amount of Rs. Eleven (11) lakhs,, Rs. 1,00,000/- ( Rupees one
lakh ) payment to be made through e-payment under any one of the four option,
thru’ Credit card, Direct debit, National Electronic Fund Transfer (NEFT), Over The
Counter (OTC) and the confirmation receipt shall be submitted alongwith the
tender.
Balance Rs. 10, 00,000/- ( Rupees Ten Lakhs ) by bank guarantee as per the
format attached in Section-XIX is to be issued by Nationalised /Scheduled Bank in
favour of The Commissioner, BBMP and shall be valid for 60 days beyond the
validity of the tender. The photocopy of the BG shall be scanned and submitted in
the e.portal alongwith the tender submission and the original BG shall be submitted
before the due date and time of the tender submission date.
However, any State or Central Government Undertaking Company participating in
this tender are exempted to submit the Earnest money deposit.
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14.4 Any TENDER not secured in accordance with Clause 14.1 and 14.3 above will be
rejected by the Purchaser as non-responsive.
14.5 Unsuccessful Tenderer’s Earnest Money Deposit will be discharged/returned as
early as possible after the issue of the letter of award to the successful Tenderer.
14.6 Any Interlineations, erasures or overwriting shall be valid only if they are initialed by
the person or persons signing the TENDER.
14.7 The successful Tenderer’s Earnest Money Deposit will be adjusted towards
performance security to be furnished by the Tenderer before signing the contract
agreement
14.8 The Earnest Money Deposit may be forfeited:
(a) If a Tenderer withdraws his TENDER during the period of TENDER validity
specified by the Tenderer on the TENDER Form; or
(b) In case of a successful Tenderer, if the Tenderer fails
(i) To sign the contract agreement and
(ii) To furnish performance security
15. Period of Validity of Tenders
15.1 Tenders shall remain valid for 120 days after the deadline date of Tender
submission. A TENDER valid for a shorter period shall be rejected by the
Purchaser as non-responsive.
15.2 In exceptional circumstances, the Purchaser may solicit the Tenderer’s consent to
an extension of the period of validity. The Earnest Money Deposit provided under
Clause 14 shall also be suitably extended. A Tenderer may refuse the request
without forfeiting its Earnest Money Deposit. A Tenderer granting the request will
not be required nor permitted to modify its TENDER.
16. Format and Signing of Tender
16.1 The Tenderer shall prepare two copies of the TENDER, clearly marking each
“Original TENDER” and “Copy TENDER”, as appropriate. In the event of any
discrepancy between them, the original shall govern.
16.2 The original and all copies of the TENDER shall be typed or written in indelible ink
and shall be signed by the Tenderer or a person or persons duly authorised to bind
the Tenderer to the Contract. The letter of authorisation shall accompany the
TENDER. All pages of the TENDER, except for un amended printed literature, shall
be initialed by the person or persons signing the TENDER.
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16.3 The Tenderer shall submit the Price schedules in Part 2 of the Tender Documents
for the entire smart insurance health card service and management with automated
solution.
16.4 Any interlineations, erasing or over writings shall be valid only if they are initialed by
the person or persons signing the Tender.
17. Submission of Tenders
Sealing and Marking of Tenders
17.1 The Tenderer shall submit the Envelope in the following manner.
• First Envelope which is sealed and should contain the original documents and
duplicate as mentioned in Clause 12.2 and also as explained in Clause 16, and
shall be super scribed as “Technical Proposal: Implementation of Smart health
insurance card program for BPL families in Bangalore under BBMP jurisdiction
“
• Second Envelope which is sealed and should contain the original document and
duplicate of the Price Schedule as quoted by the Tenderer as per the details
mentioned vide Clause 12.3. and also explained in Clause 16 and shall be
super scribed as “Commercial Proposal: Implementation of Smart health
insurance card program for BPL families in Bangalore under BBMP jurisdiction”.
The Tenderer shall seal the Original and each copy of the Tender in separate
inner envelopes, duly marking the envelopes as ‘original ‘ and’ copy’. He shall
then place all the inner envelop in an outer envelop ( First envelop and Second
envelop separately ).
17.2 a) The inner and outer envelops of the First and Second sealed Envelopes shall
be addressed to the purchaser at the following address:
The Additional Commissioner ( Health )
Bruhat Bengaluru Mahanagara Palike Commercial Complex
N.R. Square
Bangalore -560 002
b) Envelop should bear the Project name, the invitation for tenders (IFT) title and
number and statement “ Do not open before 4.30 p.m. on 23.06.2010
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17.3 All the sealed envelopes as mentioned in clause 17.1 shall indicate the name and
address of the Tenderer to enable the purchaser to return the same unopened to
the Tenderers in case it is declared late.
17.4 If the two Envelopes are not sealed and marked as required by Clause 17 the
purchaser will assume no responsibility for the TENDER’s misplacement or
premature opening.
18. Mode of submission of Tenders.
18.1 All documents pertaining to this tender must be electronically submitted ( on-line
through internet) within the date and time published in e-procurement portal. A
Hard Copy of the Tenders can be sent by Speed Post or Registered Post or
Courier or Dropped in the boxes separately for First Envelope and Second
Envelope kept at the above address in person.
18.2 Tenders sent by Telex or Fax or E-mail will be rejected.
18.3 Telex, cable or facsimile Tenders will be rejected.
19. Deadline for Submission of Tenders
19.1 The Tenders will be received by the Purchaser at the address specified under
Clause 17.2 not later than the time and date specified in the Invitation for Tenders
(Section I). In the event of the specified date for the submission of Tenders being
declared a holiday for the Purchaser, the Tenders will be received up to the
appointed time on the next working day.
19.2 If the Tenders are sent by Speed Post or Registered post or courier, it should reach
the purchaser on or before the scheduled last Date and Time fixed for receipt of
Tenders as per Section I. The purchaser shall not be responsible for any delay in
transit when Tenders are sent through post/ Courier.
19.3 The Purchaser may, at its discretion, extend this deadline for submission of
Tenders by amending the TENDER Documents in which case all rights and
obligations of the Purchaser and Tenderers previously subject to the deadline will
thereafter be subject to the deadline as extended.
20. Late Tenders
20.1 Any TENDER received by the Purchaser after the deadline for submission of
Tenders prescribed by the Purchaser pursuant to Clause 19, will be rejected and/or
returned unopened to the Tenderer.
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21. Modification and Withdrawal of Tenders
21.1 The Tenderer may modify or withdraw its TENDER after the TENDER’s
submission, provided that written notice of the modification or withdrawal is
received by the Purchaser prior to the deadline prescribed for submission of
Tenders
21.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked
and dispatched in accordance with the provisions of Clause 17. A withdrawal
notice may also be sent by Fax but followed by a signed confirmation copy, post
marked not later than the deadline for submission of Tenders.
21.3 No TENDER can be modified subsequent to the deadline for submission of
Tenders.
21.4 No TENDER can be withdrawn in the interval between the deadline for submission
of Tenders and the expiration of the period of TENDER validity specified by the
Tenderer on the TENDER Form. Withdrawal of a TENDER during this interval may
result in the Tenderer’s forfeiture of its Earnest Money Deposit.
22. Tender Opening and Evaluation of Tenders
Opening of Tenders by the Purchaser.
22.1 The Purchaser will open the FIRST ENVELOPE of the Tender, in the presence of
Tenderer or Tenderer’s representatives who choose to attend, at 4.00 P.M. on
21/07/2010
At the Office of The Additional Commissioner ( Health )
Bruhat Bengaluru Mahanagara Palike
N.R. Square,
Bangalore -560 002
The Tenderers or representatives who are present shall sign a register evidencing
their attendance. In the event of the specified date of TENDER opening being
declared a holiday for the Purchaser, the Tenders shall be opened at the appointed
time and location on the next working day.
22.2 The Tenderers Name, TENDER Modifications, or Withdrawals, TENDER prices,
Discounts and the presence or absence of the requisite Earnest Money Deposit
and such other details as the Purchaser, at its discretion, may consider appropriate
will be announced at the time of opening. No TENDER shall be rejected at
TENDER opening, except for late Tenders, which shall be returned unopened to
the Tenderer pursuant to Clause 20.
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22.3 Tenders (and modifications sent pursuant to clause 21.2) that are not opened and
read out at TENDER opening shall not be considered further for evaluation,
irrespective of the circumstances.
22.4 The Purchaser will prepare minutes of the TENDER opening.
22.5 The Tenderer shall be responsible for properly super scribing and sealing the First
and Second Envelopes and the purchaser shall not be responsible for accidental
opening of Envelopes that are not properly super scribed and sealed as per Clause
17 before the time appointed for opening of Envelopes as per clause 22.
22.6 Second Envelope of unqualified Tenderers will be returned and will not be opened
under any circumstances.
22.7 The date on which SECOND ENVELOPE would be opened and the date and time
for the conduct of demonstration of some of the items ( for assessing their
capability as per the Technical specifications mentioned in Section V ) will be
intimated to the qualified Tenderers by the Purchaser on the day of opening of first
cover or on subsequent days through Telephone / Fax/Post/Telegram/
Phonogram/Courier/E-mail.
23. Clarification of Tenders
23.1 During evaluation of Tenders, the purchaser may, at its discretion, ask the
Tenderer for a clarification of its TENDER. The request for clarification and the
response shall be in writing.
24. Preliminary Examination
24.1 The purchaser will examine the tenders 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 Tenders are generally in order.
24.2 Arithmetical errors will be rectified on the following basis. If there is a
discrepancy between words and figures, the amount in words will prevail and
the Tender shall stand corrected to that effect. If the Tenderer does not accept
the correction of errors, its Tender will be rejected.
24.3 The purchaser may waive any minor infirmity or non conformity or irregularity in
a Tender, which does not constitute a material deviation, provided such a
waiver does not prejudice or affect the relative ranking of any Tenderer. No
Tender can be modified subsequent to the dead line for submission of tenders.
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No tender can be withdrawn in the interval between the deadline for
submission of tenders and the expiration of the period of tender validity
specified by the tenderer on the tender form. Withdrawal of a tender during this
interval may result in the tenderers forfeiture of its earnest money deposit.
24.4 Prior to the detailed evaluation, pursuant to Clause 23, the Purchaser will
determine the substantial responsiveness of each Tender to the Tender
Documents. For purposes of these Clauses, a substantially responsive Tender
is one which conforms to all the terms and conditions of the Tender Documents
without material deviations. Deviations from or objections or reservations to
critical provisions such as those concerning Performance Security, Warranty,
Applicable Law and Taxes and Duties will be deemed to be a material
deviation. The purchaser’s determination of a Tender’s responsiveness is to be
based on the contents of the Tender itself without recourse to extrinsic
evidence.
24.5 If a tender is not substantially responsive, it will be rejected by the Purchaser
and shall not subsequently be made responsive by the Tenderer by correction
of the nonconformity.
25. Evaluation and Comparison of Tenders
25.1 The Purchaser's evaluation of a tender will exclude and not take into account:
Any allowance for price adjustment during the period of execution of the
Contract, if not provided in the tender.
26. Contacting the Purchaser
26.1 Subject to ITT Clause 23, no Tenderer shall contact the Purchaser on any
matter relating to its tender, from the time of the tender opening to the time the
Contract is awarded. If the tenderer wishes to bring additional information to
the notice of the purchaser, it should do so in writing.
26.2 Any effort by a Tenderer to influence the Purchaser in its decisions on tender
evaluation, tender comparison or contract award may result in rejection of the
Tenderer's tender.
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27. Award of Contract
Post qualification
27.1 In the absence of prequalification, the Purchaser will determine to its
satisfaction whether the Tenderer that is selected as having submitted the
lowest evaluated responsive tender meets the criteria specified in Clause 2.4
and document as per Clause 12.2 and is qualified to perform the contract
satisfactorily.
28. Award Criteria
28.1 Subject to ITT Clause 30, the Purchaser will award the Contract to the
successful Tenderer whose tender has been determined to be substantially
responsive and has been determined as the lowest evaluated tender, provided
further that the Tenderer is determined to be qualified to perform the Contract
satisfactorily.
29. Purchaser's right to vary Quantities at Time of Award
29.1 The Purchaser reserves the right at the time of Contract award to
increase/decrease up to any extent as will be required of the total services
originally specified in the Schedule of Requirements without any change in unit
price or other terms and conditions. However the unit price quoted will remain
valid during the course of contract period. Also, the work order may be issued
into nos. of work orders and will be issued during the course of contract period
as and when services will be required by BBMP.
30 . Purchaser's Right to Accept Any Tender and to Reject Any or All Tenders
30.1 The Purchaser reserves the right to accept or reject any tender, and to annul
the Tender process and reject all tenders at any time prior to contract award,
without thereby incurring any liability to the affected Tenderer or Tenderers.
31. Notification of Award
31.1 Prior to the expiration of the period of tender validity, the Purchaser will notify
the successful tenderer in writing by registered letter or by cable/telex or fax, to
be confirmed in writing by registered letter, that its tender has been accepted.
31.2 The notification of award will constitute the formation of the Contract.
31.3 Upon the successful Tenderer's furnishing of performance security pursuant to
ITT Clause 33, the Purchaser will promptly notify the name of the winning
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Tenderer to each unsuccessful Tenderer and will discharge its earnest money
deposit, pursuant to ITT Clause 14.
31.4 If, after notification of award, a Tenderer wishes to ascertain the grounds on
which its tender was not selected, it should address it’s request to the
Purchaser. The Purchaser will promptly respond in writing to the unsuccessful
Tenderer.
32. Signing of Contract
32.1 At the same time as the Purchaser notifies the successful Tenderer that its
TENDER has been accepted, the Purchaser will send the Tenderer the
Contract Form, provided in the Tender Document incorporating all agreement
between the parties.
32.2 Within twenty one (21) days of receipt of the Contract Form, the successful
Tenderer shall sign and date the Contract and return it to the Purchaser. Any
incidental expenses of execution of agreement shall be borne by the
successful Tenderer(s). Hereafter the successful Tenderer shall be referred to
as “Contractor”.
33. Performance Security
33.1 The Contractor will be required to furnish the performance security in the
following manner :
i. 5% of the total contract value as Performance Security in accordance with the
Conditions of Contract in the form of Bank Guarantee valid for one (1 ) year
from the contract agreement signing date drawn in favour of the Commissioner,
Bruhat Bengaluru Mahanagara Palike, Bangalore, shall be submitted within 21
(Twenty one days) of receipt of the notification of award of contract. The
Performance Security is to be furnished prior to the signing of contract
agreement by the Contractor. The EMD amount may be adjusted against the
submission of this performance guarantee.
ii. On expiry of the one (1) year satisfactory performance, 3% out of the total 5%
Performance security will be released and balance 2% of the total contract
value will be retained as performance security through out the entire period of
contract.
iii. Every year 5% of the amount of total annual Operation and
maintenance/service charge shall be submitted as Performance security by way
of a Bank Guarantee which will be renewable yearly.
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iv. The Performance Security will be discharged by the Purchaser and returned to
the Contractor not later than 60 days following the date of completion of the
Tenderer's performance obligations, including any Warranty obligations, under
the Contract
33.2 Failure of the successful Tenderer to comply with the requirement of Clause
32.2 or Clause 33.1 shall constitute sufficient grounds for the annulment of the
award and forfeiture of the earnest money deposit, in which event the
Purchaser may make the award to the next lowest evaluated Tenderer or call
for new tenders.
33.3 The performance security furnished by the successful Tenderer in respect of
his/her TENDER will be returned to him/her at the end of the contract period
subject to the satisfactory performance of the contractual obligations.
33.4 If the successful Tenderer after signing the contract agreement fails to perform
any contractual obligation, the Performance Security furnished by the
Contractor will be forfeited.
34 Corrupt or Fraudulent Practices
34.1 BBMP requires that Tenderers/ Tenderers/ Contractors observe the highest
standard of ethics during the procurement and execution of Government
financed contracts. In pursuance of this policy, BBMP :
(a) defines, for the purposes of this provision, the terms set forth as follows :
(i) “corrupt practice” means the offering, giving, receiving or soliciting of any
thing of value to influence the action of a public official in the procurement
process or in contract execution; and
(ii) “fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the detriment
of the Government, and includes collusive practice among Tenderers (prior to
or after tender submission) designed to establish tender prices at artificial non-
competitive levels and to deprive the Government of the benefits of free and
open competition;
(b) will reject a proposal for award if it determines that the Tenderer
recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract in question;
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(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to
be awarded a Government financed contract if it at any time determines that
the firm has engaged in corrupt or fraudulent practices in competing for, or in
executing, a Government financed contract.
34.2 Furthermore, Tenderers shall be aware of the provision stated in sub-
clauses of the General Conditions of Contract.
35. ACCEPTANCE OR REJECTION OF TENDERS:
a) The Commissioner at Bruhat Bengaluru Mahanagara Palike, Bangalore
reserves the right to accept or reject any TENDER and to annul the Tender
process and reject all Tenders at any time prior to award of contract, without
thereby incurring any liability or any obligation to inform the affected Tenderer
or Tenderers of the grounds for the said action.
b) Any TENDER with incomplete information is liable for rejection.
c) For each category of pre qualification criteria, the documentary evidence is
to be produced duly attested by the contractor, serially numbered and enclosed
with the Tenders. If the documentary proof is not enclosed for any/all criteria
the TENDER is liable for rejection.
d) If any information given by the contractor is found to be false/fictitious, the
contractor will be debarred for 3-years from participating in any other Tenders
of Government of Karnataka.
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SECTION III: GENERAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Clause No. Item description
1. Definitions
2. Application
3. Standards
4. Use of Contract Documents and Information;
Inspection and Audit by Government
5. Patent Rights
6. Performance Security
7. Inspection and Tests
8. Delivery and Documents
9. Delivery of Goods on service basis
10. Transportation
11. Incidental Services
12. Spare Parts
13. Warranty
14. Payment
15. Prices
16. Change Orders
17. Contract Amendments
18. Assignment
19. Subcontracts
20. Delays in Tenderer's Performance
21. Liquidated Damages
22. Termination for Default
23 Survival
24. Force Majeure
25. Settlement of Disputes
26. Limitation of Liability
27. Governing Language
28. Applicable Law
29. Notices
30 Taxes and Duties
31 Agreement
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SECTION III – GENERAL CONDITIONS OF CONTRACT
1. Definitions
1.1 In this Contract, the following terms shall be interpreted as indicated:
(a) "The Contract" means the agreement entered into between the Purchaser and
the Tenderer, as recorded in the Contract Form signed by the parties, including
all the attachments and appendices thereto and all documents incorporated by
reference therein;
(b) "The Contract Price" means the price payable to the Tenderer under the
Contract for the full and proper performance of its contractual obligations;
(c) "The Goods" means all the equipment, machinery, and/or other materials which
the Tenderer is required to supply to the Purchaser under the Contract;
(d) "Services" means services ancillary to the supply of the Goods, such as
transportation and insurance, and any other incidental services, such as
installation, commissioning, provision of technical assistance, training and other
obligations of the Tenderer covered under the Contract;
(e) “GCC” means the General Conditions of Contract contained in this section.
(f) “SCC” means the Special Conditions of Contract.
(g) “The Purchaser” means Commissioner at Bruhat Bengaluru Mahanagara
Palike, Bangalore .Government of Karnataka.
(h) “The Tenderer” means the individual or firm providing the services and goods if
any under this Contract.
(i) “The Government” means the Government of Karnataka State.
(j) “Day” means calendar day.
2. Application
2.1 These General Conditions shall apply to the extent that they are not superseded by
provisions in other parts of the Contract.
3. Standards
3.1 The equipments installed under this Contract shall conform to the standards
mentioned in the Technical Specifications.
3.2 Supply of computer hardware, software and connected accessories for smart
health insurance card management system”:
a) The contractor(s) shall supply to BBMP all required Hardware, application
Software and accessories, install and commission and provide smart card
based management services for the BPL families in accordance with the
Technical Specifications. They should comply with all the required tests as per
standard and accepted norms, satisfactorily. The Contractor(s) shall ensure
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timely delivery and commissioning of the Services as per the implementation
schedule given in the contract.
b) The installation and maintenance of the Systems shall be done at the risk and
cost of the Contractor.
c) If the supply, installation and commissioning of the system is not effected before
the specified period from the date of signing of contract as per specifications,
Commissioner at Bruhat Bengaluru Mahanagara Palike, Bangalore,
.Governement of Karnataka, shall have the right to cancel the contract and take
such other action as may be deemed fit at the risk and cost of the Contractor.
d) If any manufacturing or other technical defects are found within the contract
period from the date of acceptance of the system, the same will have to be
replaced or rectified free of cost by the Contractor.
e) The contractor shall supply / use Licensed versions of the software and shall be
held liable for any consequent action arising out of patent/intellectual property
right violations and Commissioner at Bruhat Bengaluru Mahanagara Palike,
Bangalore Government of Karnataka, shall not be liable for any liabilities or
damages arising thereof.
f) The contractor will not be permitted to operate from any other premises other
than from the one provided by the Government to the contractor for this
purpose.
g) The Contractor should maintain all the required equipments including
Hardware, Software and other infrastructure supplied in proper working
condition through out the contract period of five ( 5 ) Years.
h) The agency should insure all the required equipments supplied by it against the
loss or damage due to Fire or Theft or Accident or due to any unforeseen
circumstances during the project period of five ( 5 ) Years.
4. Use of Contract Documents and Information; Inspection and Audit by the
Government
4.1 The Tenderer shall not, without the Purchaser's prior written consent, disclose the
Contract, or any provision thereof, or any specification, plan, drawing, pattern,
sample or information furnished by or on behalf of the Purchaser in connection
therewith, to any person other than a person employed by the Tenderer in
performance of the Contract. Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary for
purposes of such performance.
4.2 The Tenderer shall not, without the Purchaser's prior written consent, make use of
any document or information enumerated in GCC Clause 4.1 except for purposes
of performing the Contract.
4.3 Any document, other than the Contract itself, enumerated in GCC Clause 4.1 shall
remain the property of the Purchaser and shall be returned (in all copies) to the
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Purchaser on completion of the Tenderer's performance under the Contract if so
required by the Purchaser.
4.4 The Tenderer shall permit the Government to inspect the Tenderer’s accounts and
records relating to the performance of the Tenderer and to have them audited by
auditors appointed by the Government, if so required by the Government.
5. Patent Rights
5.1 The Tenderer shall indemnify the Purchaser against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use of the
Goods or Services in any part thereof in India.
6. Performance Security
6.1 The successful Bidder will be required to furnish the as per the cl. no. 33.0 of ITT.
6.2 If the Successful Bidder fails to furnish the Performance Security within 21 (Twenty
one) days and sign the contract agreement the bid security furnished by such
bidder will be forfeited.
6.3 The performance security furnished by the successful Bidder in respect of his bid
will be returned to him at the end of the contract period subject to the satisfactory
performance of the contractual obligations.
6.4 If the successful Bidder after signing the contract agreement fails to perform any
contractual obligation, his Performance Security mentioned above will be forfeited.
6.5 The proceeds of the performance security shall be payable to the Purchaser as
compensation for any loss resulting from the Tenderer's failure to complete its
obligations under the Contract.
6.6 The Performance Security shall be denominated in Indian Rupees and shall be in
one of the following forms:
(a) A Bank guarantee or irrevocable Letter of Credit, issued by a nationalized/
scheduled bank in the form provided in the tender documents or another form
acceptable to the Purchaser; or
(b) A cashier's check or Banker’s certified check, or crossed demand draft or pay
order drawn in favour of the Purchaser.; or
(c) Specified small savings instruments pledged to the Purchaser.
7. Inspections and Tests
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7.1 The Purchaser or its representative shall have the right to inspect and/or to test
the Goods on Service basis to confirm their conformity to the Contract
specifications at no extra cost to the Purchaser. SCC and the Technical
Specifications shall specify what inspections and tests the Purchaser requires and
where they are to be conducted. The Purchaser shall notify the Tenderer in writing
in a timely manner of the identity of any representatives retained for these
purposes.
7.2 The inspections and tests may be conducted on the premises of the Tenderer or its
subcontractor(s), at point of delivery and/or at the Goods on service basis on final
destination. If conducted on the premises of the Tenderer or its subcontractor(s),
all reasonable facilities and assistance, including access to drawings and
production data – shall be furnished to the inspectors at no charge to the
Purchaser.
7.3 Should any inspected or tested Services or Goods on service fail to conform to the
specifications, the Purchaser may reject the Services or goods on service basis
and the Tenderer shall either replace the rejected Services or Goods on Service
basis or make alterations necessary to meet specification requirements free of
cost to the Purchaser.
7.4 Nothing in GCC Clause 7 shall in any way release the Tenderer from any warranty
or other obligations under this Contract.
7.5 Acceptance Certificates:
7.5.1 On successful completion of acceptability test, receipt of deliverables etc, and
after the purchaser is satisfied with the working of the services and the
equipments used for the services, the acceptance certificate signed by the
Tenderer and the representative of the purchaser will be issued. The date on
which such certificate is signed shall be deemed to be the date of successful
commissioning of the Services.
8. Delivery and Documents
8.1 Delivery of the Goods on service basis shall be made by the Tenderer in
accordance with the terms specified by the Purchaser in the Notification of Award.
9. Delivery of Goods, on service basis.
9.1 The Contractor would be responsible for the Goods, on service basis, supplied
under the Contract against loss or damage incidental to manufacture or
acquisition, transportation, storage and delivery.
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10. Transportation
10.1 Where the Tenderer is required under the Contract to transport the Goods, on
service basis, to a specified place of destination within Project site, transport to
such place of destination under BBMP Jurisdiction, as shall be specified in the
Contract, shall be arranged by the Tenderer, and the related cost shall be
included in the Contract Price.
11. Incidental Services
11.1 The Tenderer may be required to provide any or all of the following services,
including additional services, if any, specified in SCC:
(a) Performance or supervision of the on-site assembly and/or start-up of the
supplied Goods ,on service basis;
(b) furnishing of tools required for assembly and/or maintenance of the supplied
Goods, on service basis ;
(c) Furnishing of detailed operations and maintenance manual for each
appropriate Equipment for providing Service;
(d) Performance or supervision or maintenance and/or repair of the supplied
Goods/Equipments ,on service basis, for a period of time agreed by the
parties, provided that this service shall not relieve the Tenderer of any Service
obligations under this Contract; and
(e) Training of the Purchaser's personnel, at the Tenderer's plant and/or on-site,
in assembly, start-up, operation, maintenance and/or repair of the supplied
Goods, on service basis.
11.2 Prices charged by the Tenderer for incidental services, if not included in the
Contract Price for the Goods, on service basis, shall be agreed upon in advance
by the parties and shall not exceed the prevailing rates charged to other parties
by the Tenderer for similar services.
12. Spare Parts
12.1 As specified in the SCC, the tenderer will be responsible to provide any or all of
the materials as required, notifications, and information pertaining to spare parts
manufactured or distributed by the tenderer:
13. Warranty of services
13.1 The tenderer is to provide the complete support for the contract period of five (5)
years for all the equipments, hardwares, softwares including updation which will
be supplied to BBMP for their use,
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14. Payment
14.1 The Schedule of requirements and payment terms are explained in Section VI.
14.2 Payment shall be made in Indian Rupees.
15. Prices
15.1 Prices payable to the Tenderer as stated in the contract shall be as mentioned in
CL. no.10.0 of ITT.
16. Change Orders
16.1 The Purchaser may at any time, by written order given to the Tenderer pursuant to
GCC Clause 31, make changes within the general scope of the Contract in any
one or more of the following:
(a) the place of delivery; and/or
(b) the Services to be provided by the Tenderer.
16.2 If any such change causes an increase or decrease in the cost of, or the time
required for, the Tenderer's performance of any provisions under the Contract, an
equitable adjustment shall be made in the Contract Price or delivery schedule, or
both, and the Contract shall accordingly be amended. Any claims by the Tenderer
for adjustment under this clause must be assessed within thirty (30) days from
the date of the Tenderer's receipt of the Purchaser's change order.
17. Contract Amendments
17.1 Subject to GCC Clause 17, no variation in or modification of the terms of the
Contract shall be made except by written amendment signed by the parties.
18. Assignment
18.1 The Tenderer shall not assign, in whole or in part, its obligations to a Third party to
perform under the Contract, except with the Purchaser's prior written consent.
19. Subcontracts
19.1 The contractor shall notify the purchaser in writing of all subcontracts awarded
under clause 18 of Section III of this contract. Such notification, in his original
tender or later, shall not relieve the Contractor from any liability of obligation
under the contract.
19.2 Subcontracts must comply with the provisions of GCC Clause 2.
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20. Delays in the Tenderer's Performance
20.1 Delivery of the Goods, on service basis, and performance of the Services shall be
made by the Tenderer in accordance with the time schedule specified by the
Purchaser in the Schedule of Requirements.
20.2 If at any time during performance of the Contract, the Tenderer or its sub-
contractor(s) should encounter conditions impeding timely delivery of the services
or Goods on service basis and performance of Services, the Tenderer shall
promptly notify the Purchaser in writing of the fact of the delay, its likely duration
and its cause(s). As soon as practicable after receipt of the Tenderer’s notice, the
Purchaser shall evaluate the situation and may, at its discretion, extend the
Tenderer’s time for performance with or without liquidated damages, in which
case the extension shall be ratified by the parties by amendment of the Contract.
20.3 Except as provided under GCC Clause 24, a delay by the Tenderer in the
performance of its delivery obligations shall render the Tenderer liable to the
imposition of liquidated damages pursuant to GCC Clause 21, unless an
extension of time is agreed upon pursuant to GCC Clause 20.2 without the
application of liquidated damages.
21. Liquidated Damages
21.1 Subject to GCC Clause 24, if the Tenderer fails to deliver any or all of the Goods
or to perform the Services within the period(s) specified in the Contract, the
Purchaser shall, without prejudice to its other remedies under the Contract,
deduct from the Contract Price, as liquidated damages, a sum equivalent to 0.5%
of the delivered price of the delayed Goods or unperformed Services for each
week or part thereof of delay until actual delivery or performance, up to a
maximum deduction of 5% of the delivered price for the delayed Goods.
21.2 No liquidated damages shall be payable by the Contractor on account of non-
fulfilment of any of the duties, functions or responsibilities of BBMP under the
Contract.
21.3 BBMP shall give a notice to the Contractor and direct the Contractor to effect
payment of the liquidated damages within a specified period of not more than
thirty (30) days. In the event of failure of the Contractor to effect payment of the
liquidated damages to BBMP with the specified period, BBMP shall be entitled to
invoke the Performance Security to recover the liquidated damages without any
prior notice to the Contractor or deduct from the Contractor’s Entitlement
payments.
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22. Termination for Default
22.1 Termination by BBMP
At any time during the Term, BBMP may terminate the Contract for any or
all scope, by written notice to the Contractor ("Termination Notice") only under
the events (each “Contractor’s Events of Default”) set out as under;
(a) If the Contractor fails to comply with a Notice to Correct in accordance with
Clause 29 herein below within the period specified therein, and further additional
period of 60 (sixty) days thereof. In such an event BBMP shall call for a report
from a committee appointed by it on the default and the circumstances
surrounding it. The committee shall submit its report along with recommended
course of action, within thirty (30) days after considering all the circumstances
and events which lead to such default. Based on the committee’s report, BBMP
will provide the Contractor a final opportunity to rectify the default within a
reasonable time period of not less than 30 days, failing which BBMP shall be
entitled to issue the Termination Notice
(b) If the Contractor becomes bankrupt or insolvent, has a receiving or administration
order made against it, compounds with its creditors otherwise than in the normal
course of its business.
It is further clarified that BBMP can terminate the Contract only with respect to a
specific scope where any Event of Default has occurred and remained uncured.
The Contract shall, however, remain valid, binding and enforceable with respect
to other scope of activities where the Contract survives. In case of termination of
the Contract with respect to specific scope of activities, BBMP shall make the
Termination Payments to the Contractor in terms of Clause 22.4 in relation to
such scope of activities.
22.2 Termination by the Contractor
The Contractor may immediately terminate the Contract by a written Termination
Notice to BBMP on occurrence of any of the events ( each “BBMP Events of
Default”) specified in sub-Clause (a) to (c) below –
(a) If BBMP fails to comply with a Notice to Correct served upon it by the Contractor
under Clause 29.4 or
(b) If BBMP fails to make payment required to be made under the Contract
continuously for 3 (three) months; or
(c) If as the result of Force Majeure, the Contractor is unable to implement the
Contract for a period of not less than 180 (one hundred and eighty) days.
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It is clarified that under sub-Clause (a) and (b), the Contractor may terminate the
Contract only with respect to such scope of activities for which the Notice to
Correct has not been complied with by BBMP or in respect of which the
Contractor is unable to implement the Contract in material respect due to Force
Majeure.
Where the Contractor terminates the Contract only with respect to a specific
scope, the Contract shall remain valid, binding and enforceable with respect to
other scope of activities where the Contract survives. In case of termination of
the Contract with respect to specific scope, BBMP shall make the Termination
Payments to the Contractor in terms of Clause 22 in relation to such scope of
activities.
22.3 Consequences of Termination
22.4 Termination Payment and others
Upon termination of the Contract under Clause 22, BBMP shall be entitled to:
(a) Invoke the Performance Security where the termination is made by BBMP on
account of the Contractor Event of Default under Clause 22.2.
(b) Upon Termination by the Contractor on account of an Event of Default by BBMP, the Contractor shall be entitled to receive from BBMP by way of Termination Payment a sum which is aggregate of the fair value of the Project Assets of the Contractor, 100% of the outstanding payment as certified by the statutory auditors of the Contractor and the fair value of the Project, arrived at by using established valuation methods like DCF, book value, comparable methods etc assessed by an independent reputed agency like E&Y, PWC, KPMG etc. taking into consideration the balance Contract Period.
(c) Upon Termination by BBMP on account of an Event of Default by the Contractor , the Contractor shall be entitled to receive from BBMP by way of Termination Payment a sum which is equal to 100% of the outstanding payment as certified by the statutory auditors of the Contractor;
(d) In the event of any dispute/ disagreement on the extent of Termination Payment, matter shall be finally settled in accordance with the dispute resolution procedure as set out in Clause 26;
(e) The fair value Project assets of the Contractor shall be determined by the statutory auditors within 30 days of Termination Notice;
(f) Termination Payments: The Termination Payment pursuant to the Contract shall become due and payable to the Contractor by BBMP within 60 (sixty) days of a demand being made by the Contractor with the necessary particulars duly certified by the statutory auditors. In the event of any delay in the payment of the same, interest would be payable on the amount due and outstanding at the Default Rate.
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(g) All the assets of the Contractor used in relation to the Project shall be handed over to the BBMP at the time of handing over and upon such handing over shall become the property of BBMP.
22.5 Notwithstanding anything to the contrary contained in the Contract, any
Termination pursuant to the provisions of the Contract shall be without prejudice
to accrued rights of either Party including its right to claim and recover money
damages and other rights and remedies which it may have in law or contract.
All rights and obligations of either Party under the Contract, including without
limitation Termination Payments, shall survive the Termination of the Contract
to the extent such survival is necessary for giving effect to such rights and
obligations.
23. Survival
(a) Termination of the Contract –
(i) Shall not relieve the Contractor or BBMP of any obligations hereunder
which expressly or by implication survive Termination;
(ii) Except as otherwise provided in the Contract expressly limiting the
liability of either Party, shall not relieve either Party of any obligations or
liabilities for loss or damage to the other Party arising out of or caused by
acts or omissions of such Party prior to the effectiveness of such
Termination or arising out of such termination;
(b) All obligations surviving the cancellation, expiration or Termination of the
Contract shall only survive for a period of 3 ( three) years following the date of
such Termination or expiry of the Contract.
24. Force Majeure
24.1 Force Majeure Event
As used in this Agreement, a Force Majeure Event shall mean occurrence in
India of any or all of political event, non political event, and Indirect Political
Event as defined in Clauses 24 respectively hereinafter which prevent the
Contractor claiming Force Majeure (the "Affected Party" ) from performing its
obligations under this Agreement and which act or event is
(a) beyond the reasonable control and not arising out of the fault of the Affected
Party;
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(b) the Affected Party has been unable to overcome such act or event by the
exercise of due diligence and reasonable efforts, skill and care, including
through expenditure of reasonable sums of money; and
(c) has a Material Adverse Effect on the Project.
24.2 Non Political Force Majeure Events
For purposes of Clause 24, Non Political Events shall mean one or more of the following acts or events:
(a) Acts of God or events beyond the reasonable control of the Affected Party
which could not reasonably have been expected to occur and against which an experienced party could not reasonably be expected to take precautions, exceptionally adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption or fire to the extent originating from a source external to the Site or beyond design specifications;
(b) Radioactive contamination or ionising radiation; oil spills, chemical spills; (c) Strikes, lock outs or boycotts (other than those involving the Contractor,
Contractors or their respective employees/representatives or attributable to any act or omission of any of them) interrupting supplies and services to the Project for a period exceeding a continuous period of 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 24.3;
(d) Any event or circumstance of a nature analogous to any of the foregoing. 24.3 Indirect Political Force Majeure Events
For purposes of Clause 24, Indirect Political Event shall mean one or more of the following acts or events:
(a) An act of war (whether declared or undeclared), invasion, armed conflict or act
of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action;
(b) Non availability of Power or stoppages of power or Load shedding for a
continous period beyond the back-up period due to any reason not attributable to Contractor
(c) Industry wide or state wide or India wide strikes or industrial action; (d) Loss of or serious accidental damage to the Project Assets; (e) Epidemic. sabotage, terrorism or the threat of such acts. (f) Any judgment or order of any court of competent jurisdiction or statutory
authority in India made against the Contractor in any proceedings for reasons other than failure of the Contractor to comply with any Applicable Law or
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Applicable Permits or on account of breach thereof, or of any contract, or enforcement of this Agreement or exercise of any of its rights under this Agreement by BBMP; or
24.4 Political Force Majeure Events
For purposes of Clause 24, Political Force Majeure Event shall mean one or more of the following acts or events:
(a) Change in Law; (b) Expropriation or compulsory acquisition by any Governmental Agency of any
Project Assets or rights of the Contractor; or (c) Unlawful or un-authorized or without jurisdiction revocation of, or refusal to
renew or grant without valid cause any consent or approval required by the Contractor or any of the Contractors to perform their respective obligations under the Project Agreements, provided that such delay, modification, denial, refusal or revocation did not result from the Contractor’s or any Contractor’s inability or failure to comply with any condition relating to grant, maintenance or renewal of such consents or permits.
24.5 Effect of Force Majeure Event after signing of agreement
Upon occurrence of any Force Majeure Event after the signing of contract agreement, the following shall apply:
(a) Where a Force Majeure Event occurs after the contract signing date, the
Contractor shall continue to make all reasonable efforts to perform, execute the Project, and the Contract Period shall be extended by the period for which the performance and execution of the Project remains suspended on account thereof; and
(b) Costs arising out of or concerning such Force Majeure Event shall be borne in
accordance with the provisions of Clause 24.6. 24.6 Allocation of costs during subsistence of Force Majeure
Subject to the provisions of Clause 24 upon occurrence of a Force Majeure Event after the contract agreement signing date, the costs arising out of such event shall be allocated as follows:
(a) When the Force Majeure Event is a Non Political Event, the Parties shall bear
their respective costs and neither Party shall be required to pay to the other Party any costs arising out of any such Force Majeure Event;
(b) Where the Force Majeure Event is an Indirect Political Event or Political Force
Majeure Event, the costs attributable to such Force Majeure Event and directly relating to the Project (the “Force Majeure Costs”) shall be borne by BBMP, except to the extent reimbursed to the Contractor under any Insurance Cover.
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24.7 In the event of Force Majeure, the Contractor shall promptly notify BBMP in
writing of such conditions and the cause thereof. Each Party shall, at its own cost, take all steps reasonably required to remedy and mitigate the effects of the Force Major Event and restore its ability to perform its obligations under this Agreement as soon as reasonably practical. The Parties shall consult with each other to determine the reasonable measures to be implemented to minimize the losses of each Party resulting from the Force Majeure Event. The Party affected by Force Majeure shall keep the other Parties informed of its efforts to remedy the effect of the Force Major event and shall make reasonable efforts to mitigate such event on a continuous basis and shall provide written notice of the resumption of performance hereunder.
The Contractor shall make necessary claim applications to the insurance company to claim insured sum for damage to Project Assets.
25. Settlement of Disputes
25.1 The Purchaser and the Tenderer shall make every effort to resolve amicably by
direct informal negotiation any disagreement or dispute arising between them
under or in connection with the Contract.
25.2 If, after thirty (30) days, the parties have failed to resolve their dispute or
difference by such mutual consultation, then either the Purchaser or the
Tenderer may give notice to the other party of its intention to commence
arbitration, as hereinafter provided, as to the matter in dispute, and no
arbitration in respect of this matter may be commenced unless such notice is
given.
25.2.1 Any dispute or difference in respect of which a notice of intention to commence
arbitration has been given in accordance with this Clause shall be finally settled
by arbitration. Arbitration may be commenced prior to or after delivery of the
Goods or services under the Contract.
25.2.2 Arbitration proceedings and the dispute settlement shall be conducted in accordance with the rules of procedure as described below. The venue of the arbitration shall be in Bangalore and the language prevailing shall be English.
(a) In case of Dispute or difference arising between BBMP and the Contractor
relating to any matter arising out of or connected with this agreement, such
disputes or difference shall be settled in accordance with the Arbitration and
Conciliation Act, 1996 by a Sole Arbitrator. The Sole Arbitrator should be
appointed by agreement between the parties; failing such agreement, by the
appointing authority namely the Indian Council of Arbitration/President of the
Institution of Engineers (India)/The International Centre for Alternative Dispute
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Resolution (India). A certified copy of the appointment Order shall be supplied
to each of the Parties.
(b) Arbitration proceedings shall be held at Bangalore, India, and the language of
the arbitration proceedings and that of all documents and communications
between the parties shall be English.
(c) The decision of the Arbitrator shall be final and binding upon both parties. The
cost and expenses of Arbitration proceedings will be paid as determined by the
Arbitrator However, the expenses incurred by each party in connection with the
preparation, presentation etc. of its proceedings shall be borne by each party
itself.
25.3 Notwithstanding any reference to arbitration herein,
(a) The parties shall continue to perform their respective obligations under the
Contract unless they otherwise agree; and
(b) The Purchaser shall pay the Tenderer any monies due the Tenderer.
26. Limitation of Liability
26.1 Except in cases of criminal negligence or willful misconduct, and in the case of
infringement pursuant to Clause 5,
(a) The Tenderer shall not be liable to the Purchaser, whether in contract, tort, or
otherwise, for any indirect or consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided that this exclusion shall
not apply to any obligation of the Tenderer to pay liquidated damages to the
Purchaser; and
(b) The aggregate liability of the Tenderer to the Purchaser, whether under the
Contract, in tort or otherwise, shall not exceed the total Contract Price, provided
that this limitation shall not apply to the cost of repairing or replacing defective
equipment.
27. Governing Language
27.1 The contract shall be written in English language. Subject to GCC Clause 29,
English language version of the Contract shall govern its interpretation. All
correspondence and other documents pertaining to the Contract which are
exchanged by the parties shall be written in the same language.
28. Applicable Law
28.1 The Contract shall be interpreted in accordance with the laws of the Union of
India.
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29. Notices
29.1 Any notice given by one party to the other pursuant to this Contract shall be
sent to other party in writing or by cable, telex or facsimile and confirmed in
writing to the other Party’s address specified in SCC.
29.2 A notice shall be effective when delivered or on the notice's effective date,
whichever is later.
29.3 If any time during the contract period, the Contractor materially fails to carry out
its obligation under the contract, then unless such default has occurred as a
result of reasons attributable to BBMP or a Force Majeure event, BBMP may
give a notice to the Contractor in writing requiring it to make good such failure
and remedy the same within sixty (60) days ( “Notice to Correct”).
29.4 If any time during the contract period, BBMP fails to effect payment to the
Contractor, due and payable under the SCC or carry out rectification work as
contemplated in the contract or BBMP repudiates the contract or otherwise
evidences an intention not to bound by the contract or GoI or Govt. of
Karnataka or any Relevant Authority have by act of commission or omission
created circumstances that have a material adverse effect on the performances
of its obligation by the Contractor, then unless such default has occurred as a
result of default of Contractor or a Force Majeure event, the Contractor may
give a Notice to correct to BBMP in writing to make good such failure and
remedy the same within a period of 60 days.
29.5 No notice to correct can be issued by BBMP to the Contractor under Cl. 29.0 of
GCC seeking performance by the Contractor of an obligation under the
contract, unless BBMP complies with the Notice to correct already issued and
served upon them by the Contractor in respect of the same subject matter and
same as applicable for the Contractor unless the Contractor complies with the
Notice to correct already issued and served upon them by BBMP in respect of
the same subject matter.
30. Taxes and Duties
30.1 Tenderers shall be entirely responsible for all taxes, duties, license fees, octroi,
road permits, etc., incurred until delivery of the contracted Goods to the
Purchaser.
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31. Agreement:
a. The successful Tenderer(s) shall execute an agreement for the fulfillment of the
contract on Rs. 100/- non-judicial stamp paper in the prescribed format
provided, within twenty one (21)n days from the date of acceptance of the
TENDER and intimation of the award of contract vide clause 1.a.
b. The incidental expenses of execution of agreement shall be borne by the
successful Tenderer(s). Hereafter the successful Tenderer shall be referred to
as "Contractor".
c. The conditions stipulated in the agreement should be strictly adhered to and
violation of any of the conditions will entail termination of the contract without
prejudice to the rights of BBMP and recovery of any consequential loss from the
contractor
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SECTION-IV : SPECIAL CONDITIONS OF CONTRACT ( SCC )
The following Special Conditions of Contract shall supplement the General Conditions
of Contract. Whenever there is a conflict, the provisions herein shall prevail over those
in the General Conditions of Contract. The corresponding clause number of the
General Conditions is indicated in parentheses.
1. Definitions (GCC Clause 1)
(a) The Purchaser is ...Bruhat Bangalore Mahanagar Palike...
(b) The Tenderer is ................................................
2. Delivery and Documents (GCC Clause 9)
Upon installation of the equipments, the Tenderer shall notify the purchaser by
cable/telex/fax the full details including contract number, and date, description of
goods, on service basis quantity, name of the consignee etc. The Tenderer shall
mail the following documents to the purchaser .
(i) Four Copies of the installation certificate showing contract number, goods'
description, quantity;
(ii) Acknowledgment of installation of equipments from the consignee(s);
3. Payment (GCC Clause 15)
Please refer SECTION VI.
The BPL family members shall not be charged any fee by the contractor for
issuing smart card and services being provided under this contract.
4. Notices (Clause 31)
For the purpose of all notices, the following shall be the address of the Purchaser
and Tenderer.
Purchaser: .............................................
.............................................
.............................................
Tenderer: (To be filled in at the time of Contract signature)
.............................................
.............................................
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5. Progress of Supply:
Tenderer shall regularly submit the progress report of supply, in writing, to the
Purchaser as number of installation successfully completed.
6. Right to use defective equipment:
If after delivery, acceptance and installation, the operation or use of the equipment
,on service basis, proves to be unsatisfactory, the Purchase shall have the right to
continue to operate or use such equipment until rectifications of defects, errors or
omissions by repair or by partial or complete replacement is made without
interfering with the Purchaser’s operation.
7. Tenderer’s Integrity:
The tenderer is responsible for and obliged to conduct all contracted activities in
accordance with the Contract using state-of-the-art methods and economic
principles and exercising all means available to achieve the performance specified
in the Contract.
8. Tenderer’s Obligations:
The Tenderer is obliged to work closely with the Purchaser’s staff, act within its
own authority and abide by directives issued by the Purchaser and implementation
activities. The Tenderer will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities arising from
accidents or loss of life the cause of which is the Tenderer’s negligence. The
Tenderer will pay all indemnities arising from such incidents and will not hold the
Purchaser responsible or obligated. The Tenderer is responsible for managing the
activities of its personnel or sub-contracted personnel and will hold itself
responsible for any misdemeanors. The Tenderer will treat as confidential all data
and information about the Purchaser, obtained in the execution of his
responsibilities, in strict confidence and will not reveal such information to any
other party without the prior written approval of the Purchaser.
9. Patent Rights:
In the event of any claim asserted by a third party of infringement of copyright,
patent, trademark or industrial design rights arising from the use of the Goods, on
service basis, or any part thereof in the Purchaser’s country, the Tenderer shall act
expeditiously to extinguish such claim. If the Tenderer fails to comply and the
Purchaser is required to pay compensation to a third party resulting from such
infringement, the Tenderer shall be responsible for the compensation including all
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expenses, court costs and lawyer fees. The Purchaser will give notice to the
Tenderer of such claim, if it is made, without delay.
10. Hardware Installation:
The Tenderer is responsible for all unpacking, assemblies, wiring, installations,
cabling between hardware units and connecting to power supplies. The Tenderer
will test all hardware operations and accomplish all adjustments necessary for
successful and continuous operation of the hardware for providing services at all
installation sites.
11. Hardware Maintenance:
The Tenderer will accomplish preventive and breakdown maintenance activities to
ensure that all hardware execute without defect or interruption for at least 98%
uptime for 24 hours a day, 7 days a week of operation of the machine worked on a
quarterly basis. If any critical component of the entire configuration is out of
service for more than three days, the Tenderer shall either immediately replace the
defective unit or replace it at its own cost. The Tenderer will respond to a site visit
and commence repair work on the equipment within 24 hrs. of being notified of
equipment malfunction.
12. Technical Documentation :
The Technical Documentation involving detailed instruction for operation and
maintenance is to be delivered with every unit of the equipment , for providing
services. The language of the documentation should be English.
13. Other Conditions:
a. The smart cards identification details for BPL family members shall be printed
both in Kannada and English as well.
b. BBMP will have the right to inspect the project sites/centres of the Bidder already in operation for the purpose of verification and assessing the fulfillment of qualification criteria by the bidder.
c. The implementation schedule specified in the Contract shall be strictly adhered to. d. No equipment/hardwares shall be removed from BBMP premises or its operating
centre by the contractor without the concurrence of the BBMP Representative including for the purposes of replacement, services etc.
e. A list of BBMP Hospitals/Health Centres where the BPL family members can avail
health care facilities are given with this tender doc. Though the bidder will quote the prices as per bill of quantities given, after award of contract, the bidder will
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make a survey and check whether the available computer/hardwares available in any of these health centres can be utised for this work and accordingly, the final requirement of computer, other hardwares and accessories shall be assessed. The application Software/Hardware required for this work shall be provided by the contractor.
f. Adequate care shall be taken by the contractor for the safety and security like
Insurance, Watch and Ward etc in respect of the materials supplied to school. g. BBMP will make available to the contractor for the BPL family members data. The
Contractor will co-ordinate with BBMP designated Representative to receive the required data well in advance according to his project schedule. Number of BPL family members under BBMP jurisdiction may vary within one year and from year to year.
h. The Contractor should have the capacity to have a minimum of 5 (Five ) teams in
each ward of BBMP or as will be required for enrolment of BPL families and issuance of smart cards on the spot in a timely manner.
i. The Contractor shall supply adequate no. of registrars, records and other forms as
will be required and to be maintained by him for this project. j. BBMP will assign one of their Senior Officer to designate as Project Co-ordinator
who will co-ordinate with the Contractor on day-to-day basis or as and when required.
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SECTION – V : DESCRIPTION AND SCOPE OF THE CONTRACT
1. Scope of the contract
1.1 Supply and issue of smart Cards to BPL Families at the enrolment centers at various wards in Bangalore under BBMP jurisdiction. The data for BPL families will be made available by BBMP. The smart card will contain the BPL family member’s health record alongwith the identification module with a provision for multi-application usage.
1.2 To develop application software required for Transactions and Back end Data
Management . 1.3 To provide services of Kiosks as District Centre and Toll free Number at their
Project Office. The Contractor shall open their project office near BBMP office in selected ward or as required where the data management will be done.
1.4 To supply necessary computer, hardware and accessories, smart card readers at
various Health centres/Nurshing Homes where the tie-up for BPL families for health care facilities will be done. The exact no. of health centres and their existing facilities will be surveyed by the Contractor alongwith BBMP Representative after the letter of award and the contract will be finalized as per the survey report for the requirement of Computer, hardwares and accessories. The health centres/nursing homes should be equipped with adequate infrastructure by the Contractor to read and manage smart card transaction and provide paperless service through electronic communication.
1.5 To go-in for publicity/workshop at every ward for the awareness of BPL families
for issue of smart card and benefits. A program is to be submitted by the Contractor for publicity.
The scope as described above will include the supply of hardwares, necessary softwares, provide service, operate and maintain including spares for the duration of the contract period of five ( 5 ) years. The Contractor will submit a methodology describing the system and methodology of implementation with a list of equipment, hardwares, licensed softwares and accessories which will be handed over to BBMP at the end of the project period.
2..0 Specifications and other details of smart card
BBMP is going to implement smart health insurance card management program for the BPL families in Bangalore under its jurisdiction. The technical specifications of this smart card, devices and infrastructure to be used under this project are mentioned in the following paragraphs:
The ownership of the smart card project and that of complete data – whether captured or generated as well as that of smart cards lies with BBMP.
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2.1 Goals of Smart Health Insurance Card program are as under:
2.1.1 Allow verifiable and non repudiable identification of the Health
Insurance beneficiaries at Point of transaction.
2.1.2 Support multi vendor scenario for the scheme.
2.1.3 Allow usage of the Health Insurance Card across states and
Insurance providers.
2.1.4 Develop smart card interoperability across all States in India
2.1.5 Establish a set of mandatory requirements with optional value-
added services.
2.1.6 Build in the capability to add multiple applications and
migrate to advanced open platform technologies
2.2 Smart Card system :
A smart card is credit card-sized device that contains one or more integrated
circuits and also may employ one or a combination of the following machine-
readable technologies in addition to the Chip – contact less radio frequency
antenna, biometric information, encryption and authentication or photo
identification may also be used/added to the card depending on requirements.
The integrated circuit chip embedded in the smart card can act as microcontroller
or computer. Data are stored in the chip’s memory also contains the
microcontroller chip operating system, communications software, and can also
contain encryption algorithms to make the application software and data
unreadable & secure from tampering. When used in conjunction with the
appropriate applications, smart cards can provide enhanced security and the
ability to record, store and update data.
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2.3 System Component :
2.3.1 Beneficiary enrollment
2.3.2 Smart Cards,
2.3.3 Smart card Devices
2.3.4 IT Backend
2.3.5 MIS
2.3.6 Helpline & Call centre
2.4 Smart Card Device :
The Smart Card shall be supplied in conformity to following specifications:
• Supply & operation of Beneficiary Enrollment stations at the BBMP wards as
will be required.
• Personalization & Issuance of Smart Cards immediately after enrollment (
enrollment data and identification will be facilitated by BBMP) at site.
• Dispatch of Beneficiary Details to the Backend Server after issuance of cards
within two days from enrollment.
• Ensure security of data against loss as well as leakage. It is expected that
daily data backup would be taken. In case of Data loss in, it is the smart card
provider responsibility to ensure re-issuance of cards.
• Provide a free of cost facility Card Balance Read and Print for the
beneficiaries. Provide a facility for Modification and Re-issuance of Cards at
the ward level in case of a) Lost or damaged card b) Splitting of cards ( 2
cards for the family)
• Provide training to beneficiaries on usage & features of Smart cards.
• Provide training to Health service providers, BBMP staff & other Health
Centre/Hospital staffs as required on features of the Smart Card based
system & usage of devices.
• Supply and maintenance of smart card devices as per specifications given.
• Provide easily understandable User Guides and Manuals in Vernacular,
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English and Pictorial format with simple trouble shooting tips with every smart
card Device.
• Set up a helpline for addressing any device or card related queries or
problems faced by Beneficiaries, Hospital Staff, and Insurance Companies.
NOTE: DETAILED PLAN FOR MAINTENANCE OF DEVICES AND HELPLINE
SHOULD BE SUBMITTED ALONGWITH TENDER DOCUMENTS.
3.0 Process
3.1 Beneficiary Enrollment
3.1.1 Text Data as available related to BPL families ( beneficiaries )
shall be provided to smart card provider by BBMP
3.1.2 Smart card service provider shall provide a roster to BBMP for
enrollment camps at the defined locations in wards.
3.1.3 The smart card provider with the help of BBMP shall carry out a
campaign for spreading awareness about the enrollment activity in the
defined locations ( wards ) to ensure availability of maximum number
of beneficiaries.
3.1.4 Smart card service provider shall ensure availability of sufficient
Enrollment stations and personnel to man them as per the defined
roster and specifications below.
3.1.5 At the camp, BBMP official shall identify every beneficiary in the
presence of the smart card provider representative.
3.1.6 A copy of the database shall also be maintained at local level for
verification purposes which will be synchronous with the Central
Server on a day to day basis.
3.1.7 A copy of the database shall also be maintained at local level for
verification purposes which will be synchronous with the Central
Server on a day to day basis
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3.2 Personalization and Issuance of Smart cards
3.2.1 The Personalization application would work only in presence of Master
key card of the authorized representative.
3.2.2 The Unique Relationship Number (URN) would be generated for each
beneficiary BPL family/members, keys inserted, Card printed physically
& Chip personalized on site after completion of Beneficiary enrollment.
3.2.3 The card would be handed over to the beneficiary after verification of
fingerprints by the smart card provider along with a booklet providing
• key features of the scheme
• helpline numbers
• process for re-issuance of cards
• cost in case of re-issuance of card
• details of Network Health service providers
• all other details required for smooth usage of card
3.2.4 At the end of each day or completion of Enrollment & Personalization at
a single location, whichever is earlier, the data so collected and
generated would be transmitted to the central server. This data must
reach the server within the time span defined. No further enrollments
would be possible until the data is backed up.
3.2.5 A copy of the database shall also be maintained at local level for
verification purposes which will be synchronous with the Central Server
on a day to day basis.
3.3 Supply and maintenance of smart card devices
3.3.1 The Devices for Read & Update of Smart cards (as per specifications
provided) would be procured and installed by the Contractor/his
smart card provider who ( smart card provider) would also be
responsible for the maintenance of these devices. However, the
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payment for the devices would be made by Health service providers
and they would be the owners of the devices
3.3.2 Before such installation, the smart card provider would arrange for
the training on usage & troubleshooting of these devices
3.3.2 The smart card provider shall arrange to ensure a service network
in the designated areas such that the uptime agreed upon for the
devices is maintained and the dispersal of Health insurance to
beneficiaries is not jeopardized due to non-functioning of devices.
3.3.4 Prior to installation of the 1st device, the smart card provider
would conduct thorough testing of the application to ensure that
it conforms with the guidelines set for it and that the data
capturing, calculation and transmission is as per agreed
formats. Similar testing should be conducted at random intervals
during the life cycle of the project.
3.3.5 The smart card provider shall also arrange to set up a
help line to address the queries/ problems/ requests of
the beneficiaries
3.4 Re-issuance of lost card
3.4.1
In case a Card is reported as lost through any of the channels
prescribed by the smart Card vendor, it should be marked as Hot
Listed in the backend ( Local and Central Server). The details (URD)
of all Hot Listed cards must be transmitted to the connecting Devices
immediately.
3.4.2 The devices should not accept any Hot Listed cards and a Warning
message flashed in case such a card comes in for transacting.
3.4.3 The beneficiary will go to the nearest permanent kiosk for Re-
issuance of Card.
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3.4.4 The existing data including Text details, images & transaction details
shall be pulled up from the server. Based on these details a fresh
card will be immediately issued to the beneficiary BPL
family/member.
3.4.5 The cost of the lost smart card would be paid by BBMP who in turn
may collect from the beneficiary at the kiosk, as will be prescribed
by BBMP.
3.5 Card splitting In case the Beneficiary wishes to split the insurance amount available between two
cards to help avail the facilities at two diverse locations.
3.5.1 The beneficiary will go to the nearest permanent kiosk for splitting of
Card. The existing data including Text details, images & transaction
details shall be pulled up from the server.
3.5.2 The fingerprints of all family members shall be verified against those
available in card.
3.5.3 The splitting ratio should be confirmed from the beneficiary.
3.5.4 The cost of the additional Smart card would be paid by BBMP who in turn
may collect from the beneficiary BPL family at the kiosk, as will be
prescribed by BBMP at the time of contract.
3.5.5 Based on these details a fresh card will be immediately issued to the
beneficiary family and the existing card modified. Both cards would have
details of all family members.
3.5.6 Fresh and modified data shall be uploaded to the central server
3.6 Card Modification
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3.6.1 In case a BPL family member is to be added or removed from the card,
the beneficiary will go to the nearest permanent kiosk for modification of
Card.
3.6.2 A new photograph of the family shall also be taken for the database.
3.6.3 Fingerprint in case of addition of member shall also be captured.
3.6.4 The existing details shall be modified in the database (Local and Central
Server) and the Chip of the card
4.0 Key Management System ( KMS)
The Smart Card system shall function under a central Key Management System (KMS)
to be implemented by other Govt. Dept., for the data and card security. The KMS shall
provide the following security features:
• To prevent generation & issuance of fake Health Cards, by providing
mechanisms to verify authentic cards.
• To protect on-card data against illegal tampering.
• To enable performance of post issuance card transactions at various locations
by authorized agencies only.
5.0 Enrollment station
The enrollment stations shall be equipped with the hardwares matching the
specifications given below.
• Computer with Power backup for at least 8 hours
• Optical Biometric Scanner for Fingerprint capture
• VGA Camera for Photograph capture
• 2 PCSC compliant Smart Card readers
• Smart Card Printer
• Data Backup facility
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• Licensed system Software
• Enrollment & Personalization Software
5.1. Minimum Specifications for hardware
5.1.1. Computer
• Capable of supporting all devices as mentioned above
• Loaded with standard software as per specifications provided by the
Ministry of Labour, Government of India.
5.1.2. Biometric Scanner
• 5v DC 500mA (Supplied via USB port)
• Operating temperature range: 0c to 40c
• Operating humidity range: 10% to 80%
• Compliance: FCC Home or Office Use, CE and C-Tick
• 500 dpi optical fingerprint scanner (22 x 24mm)
• USB 1.1 Interface
• Drivers for the device should be available on Windows or Linux platform
• High quality computer based fingerprint capture (enrolment).
• Preferably have a proven capability to capture good quality
fingerprints in the Indian Rural environment
• Capable of converting Fingerprint image to RBI approved ISO 19794
template.
5.1.3. Camera
• Sensor: High quality VGA
• Still Image Capture: up to 1.3 megapixels (software enhanced). Native
resolution is 640 x 480
• Automatic adjustment for low light conditions
5.1.4 Smart Card Reader
• PCSC and ISO 7816 compliant
• Read and write all microprocessor cards with T=0 and T=1 protocols
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• USB 2.0 full speed interface to PC with simple command structure
5.1.5 Smart card printer
• Supports Colour dye sublimation and monochrome thermal transfer
• Edge to edge printing standard
• Integrated ribbon saver for monochrome printing
• Prints at least 150 cards/ hour in full colour and up to 1000 cards an hour
in monochrome
• Minimum Printing resolution of 300 dpi
• Compatible with Windows / Linux
• Automatic or manual feeder for Card Loading
• Compatible to Microprocessor chip personalization
6.0 Smart Cards
6.1 Specifications for Smart Cards
Card Operating System shall comply to SCOSTA standards ver. 1.2b with
latest addendum and errata.(refer web site http://scosta.gov.in) Health service
providers. The Smart Cards to be used must have the valid SCOSTA
Compliance Certificate from National Informatics Center, New Delhi (refer
http://scosta.gov.in). Exact Smart card specifications are listed as below.
6.1.1 SCOSTA Card
• Microprocessor based Integrated Circuit(s) card with Contacts, with minimum
32 Kbytes available EEPROM for application data.
• Compliant with ISO/IEC 7816-1,2,3
• Compliant to SCOSTA 1.2b Dt. 15 March 2002 with latest addendum and
errata
• Supply Voltage 3V nominal.
• Communication Protocol T=0 or T=1.
• Data Retention minimum 10 years.
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• Write cycles minimum 100,000 numbers.
• Operating Temperature Range –25 to +55 Degree Celsius.
• Plastic Construction PVC or Composite with ABS with PVC overlay.
• Surface – Glossy.
6.2. Visual Inspection Zone (VIZ)
(The lay out design for the card will be available at the website of Ministry of
Labour, Government of India). BBMP envisages having the following
information printed on the face Smart card:
• Name of the cardholder ( In English & Vernacular)
• Date of Birth
• Gender (Male / Female)
• Unique Relationship Number (URN)
• Photograph of the head of the family
6.3 Machine Readable Zone (MRZ)
The Health Insurance application would allow the basic medical and insurance
data to be stored on the card and read, when appropriate, by BBMP thru’ health
service providers etc. Additionally, the Health Insurance application can be
used to populate claim forms. Agencies could use this application for
ascertaining insurance status. The card provides information about the
cardholder’s insurance coverage. This data may be used at Government or
private health service providers, as well as during the claims submission
process. Exact Card Memory Layout for the MRZ shall be made available
through project web site of the Central / State Government.
6.4 Demographic (Card Holder) data
Field name Remarks
Version Number
Unique Relationship Randomly generated
Number (URN) Unique number across India
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Name of Applicant Character
S/O Character
Door / House No. Character
Area Character
Panchayat / Town Character
Ward Character
District Character
Pin Numeric
Occupation Character
Annual Income Numeric
Finger ID Numeric
Finger Print Minutia Template as per ISO 19794
Date of Birth Date
Place of Birth Character
Photograph Image
(Names of each of the family member eligible for benefits to be provided)
Dependent details ( No.of dependants TBD ) – maximum 4
Dependent Character
Member name Character
Gender Character
Relation Character
Date of Birth Date
Finger ID Numeric
Finger print Minutia Tampletes as per ISO 19794
Insurance details
Insurance Company Code Character
Policy No. Character
Sum Insured Number
Sum Utilised Number
Policy Start date Date
Policy End date Data
Scheme Code Character
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In addition to the above the card would maintain the last 10 transactions –
the format of data required for transactions shall be proposed by the
Contractor in line with the standard format being followed and to be
finalized in consultation with BBMP or 3DES(Data Encryption Standards)
should be adopted for the purpose of security.
6.5 Cardholder authentication
• The cardholder would be authenticated based on their finger impression at
the time of verification at the various centres where the card would be
accepted.
• The authentication is 1:1 i.e. the fingerprint captured live of the member is
compared with the one stored in the smart card.
6.5.1 Generation of Unique Relationship Number:
A 17 digit Unique Relation Number (URN) would be issued to all
customers across India. The following parameters would be considered for
generating the unique RN
1-5 - Serial no.
6-7 - Year of birth
8 - Gender
9-10 - State
11-16 - Location ( Urban body/Municipality code )
17 - Check Digit
The guidelines with regard to generation of URN number as well as those
relating to Card Mapping / Application, Application & Data Management
and Key Management which are required for interoperability of cards PAN
India will be issued separately.
7.0 Mobile Handheld Smart Card Device:
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These devices are standalone devices capable of reading & updating Smart cards
based on the programmed business logic and verifying Live Fingerprints against
those stored on a smart card. These devices do not require a computer or a
permanent Power source for transacting.
The device would be loaded with standard software as per specifications provided
by the Ministry of Labour, Government of India.
The main features of these devices are:
• Reading and updating Microprocessor Smart Cards
• Fingerprint verification
• They should be programmable with inbuilt security features to secure
against tampering.
• Memory of Data storage
• Capable of printing receipts without any external interface
• Capable of data transfer to Personal computers and over phone line
• Rechargeable Batteries
7.1 Specifications
• A minimum internal memory of 32 mb
• At least 1- Full size smart card reader
• AT least 1- SAM slot
• Back-lit graphic display
• Numeric Keypad with at least Function keys for Accept, Clear, Cancel
and Navigation keys.
• Inbuilt Printer
• Optical biometric Verification capability. Verification time less than 10
secs,
Allowing 1:1 verification in the biometric module.
• Optical buzzer
• Rechargeable Batteries with fully charged standby time of at least 200
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hrs, possible to make 100-150 transactions
• At least 1USB Port, 1 RS232, Telephone
· Inbuilt Modem
8.0 PC based Smart Card Device
In cases where Computers are available at the health Service
providers/health centres/nurshing homes, additional devices would be
attached to the existing PC. The computer would be loaded with the
centrally prepared software for transactions and data transmission. The
devices required for the system would be
8.1 Optical Biometric Scanner for Fingerprint verification • Thin optical sensor
• 500 dpi @ 8bit per pixel
• Active area: 13mm x 20mm
• Interface: USB 1.1 and 2.0
• Operating temperature: -10oC to 50oC
• 1:1 verification
• Verification time < 0.8s
• Identification time < 1s
• Tunable false acceptance rate
8.2 Smart Card readers
2 Smart card readers would be required for each device, One each for service
Provider and Beneficiary card
• PCSC and ISO 7816 complaint
• Read and write all microprocessor cards with T=0 and T=1 protocols
• USB 2.0 full speed interface to PC with simple command structure
8.3 Receipt Printer
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9.0 Software for Issuing Smart Cards and usage of Smart Card Services:
The software for issuing smart cards and usage of smart care services shall be
in line with the one prescribed by the Central Government.
10.0 Duration of the Contract.
The total duration of the project will be for a period of ten (10 ) years from the
date of signing the contract agreement by the Contractor with BBMP.
11.0 Facilities/information to be provided by BBMP :
11.1 All BPL family members data with identification document.
11.2 A dedicated team with a Team leader will need to be provided for each
enrolment stations during enrolment of BPL family members and will do the
necessary identification.
11.3 BBMP will be actively capmpaign in all BBMP wards amongst the BPL family
members for the usage and application of smart cards. A program will be
chalked out by BBMP where the Contractors Representative will also participate
for explaining and demonstration.
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SECTION VI : SCHEDULE OF DELIVERY & PAYMENT TERMS
IMPLEMENTATION OF SMART HEALTH CARD PROGRAM FOR BPL FAMILIES IN BANGALORE UNDER BBMP JURISDICTIN DURING THE PROJECT PERIOD OF 10 YEARS
1. Schedule of Delivery :
Sl.No Brief Description Unit Quantity Delivery Schedule
1 BPL family data collection,
survey of each Hospital/Health
centers and report /work
methodology submission.
Lumpsum Lmpsum Within 30 days from the
receipt of work order.
2 Supply & Installation of
hardware and software for Smart
health insurance card
Management System in each
Hospital / Health Center as
required and in Data/enrolment
centres.The bidder will indicate
a list with individual quantity and
break-up of unit price for the
necessary Computer, hardwares
and accessories including RFID
biometric scanner/reader/smart
card reader/hand held devices/
biometric printer, camera etc.
whatever will be required for
complete smart card data
management service.,
Nos. of
package
50 60 days after the survey and
submission of report for
each Health centres.
3 Distribution of contact less
smartcards to each BPL family
members after personalization
Nos. 2,00,000 Within 30-days after the
receipt of BPL family data
from BBMP. ( Wardwise
completion is to be done for
enrolment and issue of
smart card )
4 Supply and installation of Kiosks
in Data centres
No. 50 Within 7 days of supplying
computer and hardwares,
softwares installation.
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NOTES
a. Sl. no.2 would also include customization of functionalities and reports
specific to the BBMP requirements with onsite maintenance against any
bugs and defects in the software during the project duration.
b. For sl. no.3, at the starting of the contract period, smart cards will be issued
to all BPL family members and later on, every time, the same will be issued
to the newly added BPL family members within 15 days after receipt of data
from BBMP within the contract period . The offer for smart card supply shall
be valid for the entire contract period.
c. Schedule- 2, will have a supply portion and annual service charge for operation
and maintenance and schedule.
d. The prices offered in the price schedules are for the 1st year of operation.
The price for 2nd year and onwards shall be applicable as per CL. 10.0 of
ITT.
2. Terms of Payment :
For Schedules 1, 2 and 4, Payment terms :
For supply :
1. 10% advance payable within 30 days after signing of the contract agreement
and submission of the performance guarantee, which will be adjusted against
the final payment.
2. 50% amount payable upon delivery of all hardwares, equipments ( to be billed
as per the monthly completion ) .
3. 30% amount payable on set up and development of softwares.
4. 20% amount payable on completion and immediately within 1-week after
starting of the operation.
For Annual Operation and maintenance :
1. 20% advance payable at the start of every calendar year.
2. 80% amount will be payable in equal monthly instalments
For Sl. no.3 , Payment terms :
3. 10% advance payable within 30 days after signing of the contract agreement
and submission of the performance guarantee.
4. 90% amount payable after completion of distribution of smart cards and will be
paid on monthly progress.
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SECTION VII : TENDER FORM
TO:
The Commissioner
Bruhat Bengaluru Mahanagara Palike,
Bangalore
Sir/Madam,
Having examined the Tender Documents including Addenda Nos_________the receipt
of which is here by duly acknowledged, we, the undersigned, offer to provide
“Implementation of Smart health insurance card program for BPL families in
Bangalore under BBMP jurisdiction” (in conformity with the said Tender Documents
as per the particular so packages furnished in Section-VI for which necessary Earnest
Money Deposit amounting to Rs. 11,00,000/- ( Rupees Eleven Lakhs).
We undertake, if our TENDER is accepted, to supply and install necessary Hardware,
Software, UPS, Computer peripherals and connected accessories: provide smart
health insurance card management services for five years, in accordance with the
terms and conditions in the Tender document. The prices offered in the price schedules
are for the 1st year of operation. The price for 2nd year and onwards shall be applicable
as per CL. 10.0 of ITT. The contract period is for ten (10) years.
If our TENDER is accepted we will obtain the guarantee of a bank in a sum equivalent
to 5 % of the Annual Contract Price for the due performance of the Contract, in the
form prescribed by the purchaser.
We agree to abide by this TENDER for a period of 120 days after the due date of
submission for TENDER and shall remain binding upon us and may be accepted at any
time before the expiration of that period.
Until a formal contract is prepared and executed, this TENDER, together with your
written acceptance thereof and your notification of award, shall constitute a binding
Contract between us.
We understand that in competing for (and if the award is made to us, in executing the
above contract) we will strictly observe the laws against fraud and corruption in force in
India namely Prevention of Corruption Act 1988 ".
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We understand that you are not bound to accept the lowest or any TENDER you may
receive.
Dated this _____________day of _________2010
Signature: _________________
(in the Capacity of________________________
Duly Authorized to sign TENDER for and on behalf of
______________________________________
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SECTION VIII : EARNEST MONEY DEPOSIT
1) Earnest money deposit is to be paid as per e.procurement procedure as per cl. 14.
of ITT and cl.4. of IFT.
2) Bank Guarantee details ( in favour of Commissioner, BBMP, Bangalore )
Bank Guarantee No. ________ Date:______for Rs._________
by ________Bank
4) Paid Rs. _____________ thru’ the e-procurement portal. ( copy of receipt attached )
PLACE: Signature and seal of the Tenderer
_____________
DATE:
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SECTION IX :PERFORMANCE SECURITY FORM
To
The Commissioner
Bruhat Bengaluru Mahanagara Palike,
Bangalore
Telephones: 080-22975575, 22975549, 22975523
Sir,
WHEREAS...............................................(Name of the Contractor) here in after called
“the Contractor” as undertaken, in pursuance of Contract No...........dated............ for
“Implementation of Smart Health Insurance Card program for BPL families in
Bangalore under BBMP jurisdiction ” here in after called “the Contract”.
AND WHEREAS it has been stipulated by you in the said Contract that the Contractors
shall furnish you with a Bank Guarantee by a Nationalised Bank for the sum
specified there in as security for compliance with the Contractors performance
obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Contractor a Guarantee: THEREFORE
WE here by affirm that we are Guarantor and responsible to you, on behalf of the
Contractor, up to a total of.....................................................................(Amount of the
Guarantee in Words and Figures)and we undertake to pay you, upon your first
written demand declaring the Contractor to be in default under the Contract and without
cavil or argument, any sum or sums within the limit of..............................(Amount of
Guarantee) as a foresaid, without your needing to prove or show grounds or reasons
for your demand for the sum specified there in.
This guarantee is valid until the ...................day of.....................2010
Signature and Seal of Guarantor ..
...........................................................
...........................................................
................................... Date............
Address...............................
............................................
.
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SECTION X : ANNUAL MAINTENANCE SECURITY BANK GUARANTE FORM
(To be stamped in accordance with Stamp Act if any, of the Country of the Issuing
Bank) Bank Guarantee No.: ................................................. Date:..............................
To.......................................................... (Name of the Purchaser)
Whereas ......................................... (Name of the Tenderer) herein after called "the
Tenderer" has undertaken, in pursuance of contract No................... dated.............
20... for “Implementation of Smart health insurance card program for BPL
families in Bangalore under BBMP jurisdiction” (Description of Services) here in
after called "the Contract".
AND WHEREAS it has been stipulated by you in the said contract that the Tenderer
shall furnish you with a Bank Guarantee by are recognised Bank for the sum specified
there in as security for compliance with the Tenderer's performance obligations under
the contract for Annual Maintenance and Repairs of the entire
system including cost of spares after warranty period for the entire contract period.
.
AND WHEREAS we have agreed to give the Tenderer a Guarantee.
THEREFORE WE here by affirm that we are Guarantors and responsible to you
on behalf of the Tenderer, up to a total of Rs. ....................... (Amount of
guarantee in words and figures) being __ % of the total cost of equipment and
we undertake to pay you, upon your first written demand declaring the Tenderer
to be in default under the contract and without cavil or argument, any sum or
sums within the limit of Rs. ....... (Amount of guarantee) as a foresaid, without your
needing to prove or to show grounds or reasons for your demand or the
sum specified there in.
This guarantee is valid until ............... day of ................ 20...........
Signature and Seal of Guarantors
.................................
Date: ............. 2010.....
NOTE:
1. Tenderers should ensure that seal and code no. of the signatory is put by the
bankers, before submission of the bank guarantees.
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SECTION XI : STATEMENT OF EXPERIENCE
( For similar work and other IT related projects and service centres maintained
by the Bidder )
TENDERNo._____________Date of opening_____________Time___________ Hou
Name of the Firm_____________________________________
Orders
Placed by
(Full Address
of Purchaser)
Contract
No.
&Date
Description &
quantity of
the hardwares,
softwares,
services
provided
Value of
Contract
( Rs.)
Date of
start &
Completion
of Delivery
/Services as
per the
Contract
/Actual
Remarks
indicating
reasons
for
non perfor
mance
or delay, if
any
Has the
work entrust
ed
completed
satisfactorily
(Attach
certificate
from the
client)
1 2 3 4 5 6 7
Note: 1. The bidder may add additional sheets for more number of past work
orders.The works under execution shall also be included.
PLACE: Signature and seal of the Tenderer
_____________
DATE:
RFP Document Smart Health Insurance card for BPL families
Bruhat Bangalore Mahanagara Palike (BBMP) Page 74 of 87
SECTION XII : CAPABILITY STATEMENT
1. Name& Address of the Tenderer Phone:
2. Classifications (1) Manufacturer /Contractor/IT Integrator
(2) Authorized Agent /Dealer
(3) Others(please specify)
3. Establishment/: (a)Location
premises (b) Description, Type &size of building
(c) Is property on lease/freehold?
on lease indicate date of expiry of
lease in such case
4 Type of equipment manufactured/Integrated system and supplied during
last 2 years.
Name of
equipment /system
Capacity/ system
specification
Nos. manufa
ctured/
system
supplied
Nos. of workorders on
hand & value
5. Personnel/Organization:
Give Organization chart for following indicating clearly the No. of employees at various
levels.
1. Quality assurance
1. Production/programming/Integration
2. Marketing 3. Service & maintenance _____
4. Spare parts
5. Administrative
PLACE: Signature and seal of the Tenderer
DATE: ____________________
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Bruhat Bangalore Mahanagara Palike (BBMP) Page 75 of 87
SECTION XIII: FORMAT OF ACCEPTANCE OF IMPLEMENTATION SCHEDULE
To
Commissioner
Bruhat Bengaluru Mahanagara Palike,
Bangalore
Sir,
We M/s....................................................... (Name of the Tenderer) here in after called "
the Contractor " have furnished the TENDER for “Implementation of Smart health
insurance card program for BPL families in Bangalore under BBMP jurisdiction” do
here by agree to the implementation schedule of the said project of supply and
installation of computer, hardwares, softwares and accessories and issuing Smart
health insurance cards will be completed as per the delivery schedule of this contract
agreement, failing which the Commissioner, BBMP (herein after called the Purchaser)
may at his discretion reject and cancel the contract agreement.
Yours faithfully,
Place:
Date:
Signature & Seal of the Tenderer.
RFP Document Smart Health Insurance card for BPL families
Bruhat Bangalore Mahanagara Palike (BBMP) Page 76 of 87
SECTION – XIV: UNDERTAKING
We M/s....................................................... (Name of the Tenderer) here in after called "
the
Contractor " do hereby affirm and undertake to a TENDER by all the terms, conditions
and
specifications given in the Tender document while performing the contractual
obligations relating to “Implementation of Smart Health Insurance Card program for
BPL families in Bangalore under BBMP jurisdiction ” for a project period of 10 Years in
Bangalore, Karnataka State.
Yours faithfully,
Place:
Date:
Signature & Seal of the Tenderer
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Bruhat Bangalore Mahanagara Palike (BBMP) Page 77 of 87
SECTION- XV - DETAILS OF THE ORGANISATION:
PLACE:
DATE: Signature and seal of the Tenderer
Name and
address Phone and Fax Nos
Year of
Establishment
Registration No No of People employed
No of
Engineers
No of
Programmers
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Bruhat Bangalore Mahanagara Palike (BBMP) Page 78 of 87
SECTION –XVI: DETAILS OF SMART CARD BASED HEALTH INSURANCE CARD MANAGEMENT AND/OR OTHER SMART CARD BASED IT SOLUTION
IMPLEMENTED BY THE TENDERER :
PLACE:
DATE: Signature and seal of the Tenderer
Sl
no
Name and Address
of the Client
Date of
starting &
completion/
under
execution
No. of
Cards
issued
Details of
Hardware
and
softwares
Installed
Remarks
RFP Document Smart Health Insurance card for BPL families
Bruhat Bangalore Mahanagara Palike (BBMP) Page 79 of 87
SECTION –XVII: CHECK LIST OF DOCUMENTS TO BE SUBMITTED IN FIRST
ENVELOPE.
Sl
no
Description Whether the
Document is
enclosed or not
1 TENDER form as per Section VII YES/NO
2 Earnest Money Deposit details - Section VIII & BG as per Sec. XIX YES/NO
3 Performance security form - Section IX YES/NO
4 Statement of Experience Section XI YES/NO
5 Capability statement Section XII and copy of ISO certificate YES/NO
6 Form of Acceptance of Implementation schedule as per Section XIII YES/NO
7 Form for Undertaking as per Section XIV YES/NO
8 Details of Organization as per Section XV YES/NO
9 CA certified document s for turnover and networh for three years
from 2006/07 to 2009/10 as required. ( audited certificate for 2010
if not available, certificate for 2007-09 to be submitted )
YES/NO
11 Copies of sale tax registration and sales tax returns filled in the
last 3 years from 2006/07 to 2009/10
YES/NO
12 Copies of acknowledgement of income tax returns filed in the last
3 years from 2006/07 to 2009/10
YES/NO
13 Copies of audited financial statements for last 3 years from
2006/07 to 2009/10
YES/NO
15 Details of smart card based Health Insurance card management
and/or other IT solution service as per Section XVI
YES/NO
16 Checklist as per Section XVII
17 MOU as per Section XVIII YES/NO
18 Power of Attorney as per Appendix A YES/NO
19 Form of Contract Agreement as per Appendix B YES/NO
PLACE:
DATE: Signature and seal of the Tenderer
RFP Document Smart Health Insurance card for BPL families
Bruhat Bangalore Mahanagara Palike (BBMP) Page 80 of 87
SECTION XVIII: FORMAT FOR MEMORANDUM OF UNDERSTANDING
( to be executed in a valid stamp paper of appropriate value )
Memorandum of Understanding
This Memorandum of Understanding (MOU) entered into this …… day of …………………, 2010 at Bangalore/ ( ). Among (The Tenderer)_____________________________________________________________ _____________________________________________________________________ ____________________________________________ Party of the First Part or First Party. And _____________________________________________________________________ _____________________________________________________________________ ____________________________________________ Party of Second Part or Second Party. The parties are individually referred as Party and collectively as Parties. Whereas Bruhat Bangalore Mahanagara Pallike (BBMP) has invited tenders from eligible bidder to participate for the project Implementation of Smart health insurance card management for BPL families in Bangalore under BBMP jurisdiction ( the project ) AND WHEREAS the Parties have to Co-operate with each other and the Second Party makes a tie-up as Technology Provider/ Service provider / System Supplier/System Integrator/ for bidding for the said project and have reached an understating on the following points with respect to the Parties’ rights an obligations towards a each other and their working relationship. IT IS HEREBY AS MUTUAL UNDERSTANDING OF THE PARTIES AGREED AND DECLARED AS FOLLOWS:
1. That the parties will co-operate each other as per the following roles and responsibilities to fulfil the obligation to BBMP for this project :
Name of Party Role & Responsibility in the Project
(Tenderer) (to fill up)
RFP Document Smart Health Insurance card for BPL families
Bruhat Bangalore Mahanagara Palike (BBMP) Page 81 of 87
(Second Party/Parties) (to fill up)
2. That the First Party shall be at all times be in control of management of the
project and will co-ordinate with BBMP.
3. That the (Second Party) will participate in the project with the Tenderer ( First Party) as per the roles and responsibilities as mentioned above.
4. That the Parties affirm that they shall implement the project in good faith and shall take all necessary steps to see the project through expeditiously.
5. That this MOU shall be governed in accordance with the laws of India and courts at Bangalore shall have exclusive jurisdiction to adjudicate disputes arising from the terms herein.
6. During the course of the project, in case the first party terminates the agreement with the second party, the second party will not have any right to approach a court of law for any relief or stay on the project or make a claim against BBMP.
7. The Second Party will be fully responsible for his supply of material or system / providing satisfactory service/ operation and maintenance to BBMP on behalf of the First Party (Tenderer).
(Tenderer / First Party)
Name: Designation:
Seal of Company:
(Second Party) Name:
Designation: Seal of Company
Witness: 1. ……………………….
………………………. ……………………….
2. ………………………. ………………………. ………………………..
RFP Document Smart Health Insurance card for BPL families
Bruhat Bangalore Mahanagara Palike (BBMP) Page 82 of 87
SECTION XIX : BANK GUARANTEE FORMAT FOR EARNEST MONEY DEPOSIT
TO:
The Commissioner,
Bruhat Bengaluru Mahanagara Palike,
J.C Road, Bangalore -560002
Bank Guarantee No.:
Amount of Guarantee: Rs.10,00,000/-
Valid From:…………………… To:……………………..
WHEREAS M/s __________________________________having its Head Office at
_________________________________________________________ and its
Branch Office at
_____________________________________________________________________
____ (hereinafter called “the Contractor”) has undertaken, in pursuance of tender
notification No. EDN/Tend/185/2009-10, Dtd: 11.01.2010 to bid for the work of
“Implementation of Smart health insurance card management for BPL families in
Bangalore in BBMP jurisdiction”
AND WHERAS it has been stipulated by you in the said tender that the Contractor shall
furnish you with a Bank Guarantee by a Nationalized or Scheduled Bank for the sum
specified therein as EMD for compliance with his obligations in accordance with the
conditions of Tender.
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantee and responsible to
you, on behalf of the Contractor, up to a total Rs. 10,00,000/- (Rupees Ten Lakhs
Only), and we undertake to pay you, upon Contractor written or to show grounds or
reasons for you demand for the sum specified therein.
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Bruhat Bangalore Mahanagara Palike (BBMP) Page 83 of 87
We hereby waive the necessity of your demanding the said debt from the Contractor
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms and
conditions of the tender or of the Works to be performed there under or of any of the
tender documents.
This guarantee shall be irrevocable and valid until 60 days from the date of expiry of
the Tender Validity Period (120 Days) i.e. 180 Days from the date of opening the
tender. If any further extension of this guarantee is required, the same shall be
extended to such required period (not extending 1 year) on receiving instruction from
M/s. _____________________________ on whose behalf this guarantee is issued
Not with standing anything contained herein
1. Our liability under this Bank Guarantee shall not exceed Rs. 10,00,000/-
(Rupees Ten Lakhs only)
2. This Bank Guarantee shall be valid upto ………………….
3. We are liable to pay the Guarantee Amount or its any part thereof under this
Bank Guarantee only and only if you serve upon us a written claim or demand
on or before ……………………..
On behalf of :
Authorised Signatory
( SEAL)
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Bruhat Bangalore Mahanagara Palike (BBMP) Page 84 of 87
APPENDIX - A
Format for Power of Attorney for Signing the Tender
(On stamp paper of appropriate value)
POWER OF ATTORNEY
POA No.: Date:
POWER OF ATTORNEY
BE IT KNOWN TO ALL THAT We, _______________________________ registered under the Companies Act, 1956 (herewith referred to as “The Company”) having its registered office at ____________________________________________________________________________AND WHEREAS the said Company is carrying on business of ____________________________________________________________________________AND WHEREAS in order to represent the Company, we are desirous to appoint Mr._____________________i, residing at _______________________________________ Designated as ____________________________________ our true and lawful attorney and allow him to do the following acts for us in our name and on our behalf.
To Sign and Submit the Bid Document, correspond for the project of____________________________________________________________________________________________________________________________________________________Tender No.: ____________________________________________ and represent the Company before (the Authority )______________________________________________( Ad ress )____________________________________________________________________
IN WITNESS WHEREOF, The Company has signed this presence under the seal of the Company on the ___th day of __________, 2010
For ( )
Dated this ........... day of .................., 2010
....................................
(Signature)
(Title, Name and Address of the Executants)
Accepted
___________________
___________________
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Bruhat Bangalore Mahanagara Palike (BBMP) Page 85 of 87
APPENDIX-B : Form of Contract Agreement
This agreement (“Agreement”) is made at Bangalore on this the ____ day of
________, _____;
BETWEEN
Bruhat Bangalore Mahanagara Palike, as incorporated under the Karnataka Municipal
Corporation Act, 1976, and having its principal office at N.R Square, Hudson Circle,
Bangalore – 560 001, represented by its Commissioner/Joint Commissioner ( Health ),
Mr./Mrs. ________, ( hereinafter referred to as “BBMP” ), which expression unless
repugnant to the context or meaning thereof shall be deemed to mean and include its
successors and permitted assigns) of the FIRST PART;
AND
[name of Contractor] a company incorporated under the provisions of ________ and
having its registered office at ____________________________ represented by its
Director/Company Representative, Mr./Ms. ________________, authorized vide Board
Resolution dated _______ (hereinafter referred to as “Contractor”, which expression
unless repugnant to the context or meaning thereof shall be deemed to mean and
include its successors and permitted assigns) of the OTHER PART;
BBMP and the Contractor are hereinafter individually referred to as “Party” and
collectively as the “Parties”.
WHEREAS
(a) The BBMP has requested the Tenderers to provide the services for “Implementation of Smart Health Insurance Card program for BPL families in Bangalore under BBMP jurisdiction ” (hereinafter called the "Services");
(b) The Tenderers, having represented to the BBMP that they have the required professional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract; and
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, TERMS,
CONDITIONS AND UNDERSTANDINGS WITH THE INTENT TO BE LEGALLY BOUND
THEREBY, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Definitions: In this Contract (including the recitals) capitalized words and expressions shall have the same meanings as are respectively assigned to them in the Contract Documents referred to in Clause 2 below.
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Bruhat Bangalore Mahanagara Palike (BBMP) Page 86 of 87
2. Contract Documents: The following documents shall be deemed to form and be read and construed as part of this Contract. This Contract shall prevail over all other Contract documents.
(a) The General Conditions of Contract (hereinafter called "GC");
(b) The Special Conditions of contract (hereinafter called "SC");
1. The mutual rights and obligations of the BBMP and the Tenderers shall be as set forth in the Contract; in particular:
(a) The Tenderers shall carry out the Services in accordance with the provisions of the Contract; and
(b) The BBMP shall make payments to the Tenderers in accordance with the provisions of the Contract
The Contractor recognizes and accepts that this Contract shall not create any
interest in the Facilities in favor of the Contractor other than the right to
implement the Contract.
2. Applicable Law: This Contract shall be governed by and construed in accordance with the laws of India. Each Party hereby submits to the jurisdiction as set out in the Dispute Resolution Procedure in the GCC. The Courts at Bangalore shall have the exclusive jurisdiction.
IN WITNESS WHEREOF the Parties have caused this Contract has been executed on the day, month and year indicated above.
Signed by ................................................... Signed by .....................................................
for and on behalf of Bruhat Bangalore
Mahanagara Palike for and on behalf the Contractor
Name: Name:
Designation: Designation:
in the presence of: in the presence of:
Witness, Name, Signature, Address, Witness, Name, Signature,
Address
RFP Document Smart Health Insurance card for BPL families
Bruhat Bangalore Mahanagara Palike (BBMP) Page 87 of 87
APPENDIX – C : ( Details by BBMP ) Details of Hospitals /Nurshing Homes/ Family Welfare Centre / Dispensaries
( where BBMP will have tie-up to provide the health care facilities for BPL families )
Sl No.
Name of the Hospital Area/Location/ Ward Remarks
Note: The above details will be furnished by BBMP during contract finalization.