city & industrial development corporation …...cidco bhavan, cbd belapur, navi mumbai –400...
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1
SR. PUBLIC RELATION OFFICER
CIDCO of Maharashtra Limited,
6th Floor, CIDCO Bhavan, CBD Belapur,
Navi Mumbai – 400614, Maharashtra, INDIA
CITY & INDUSTRIAL DEVELOPMENT CORPORATION
OF MAHARASHTRA LIMITED
TENDER DOCUMENT
For
Appointment of Travel Agency for “BOOKING OF AIR
TICKETS (INTERNATIONAL/DOMESTIC)/ TRAIN
TICKETS/HOTELS/VEHICLES AND OTHER RELATED
SERVICES”
CA No: 01/CIDCO/PR/2016-17
2
CITY & INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED
Name of Work : Appointment of Travel Agency for booking of Air Tickets
(International / Domestic) / Train Tickets /Hotels / Vehicles and
other related services
C.A. No. : 01/CIDCO/PR/2016-17
EMD : Rs. 75,000/- (Seventy Five Thousand Only)
(To be paid via online payment Gateway Mode only)
Due On : 23.11.2016 / 11.00 hours on
website: https://cidco.maharashtra.etenders.in/
Bid Price : INR 5,300/- (Indian Rupees Five Thousand Three Hundred only)
(Rs. 5,000/- Bid Cost + Rs.300/- for VAT @ 6%)- Non Refundable,
to be paid via online payment Gateway Mode only
�OFFICE �
Senior Public Relations Officer
CIDCO of Maharashtra Limited,
6th Floor, CIDCO Bhavan, CBD Belapur, Navi Mumbai – 400614
Maharashtra, INDIA.
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TABLE OF CONTENTS
Part No. Description Page No.
Disclaimer 4
Glossary 6
Notice Inviting Proposal 7
Bidding Schedule 12
Part – I Technical and Financial Proposal 14
Annexure – A (Technical Bid) 16
Annexure – B (Financial Bid) 17
Undertaking 18
Part - II Technical & Financial Forms 21
Part - III Instructions to Bidders (ITB) 31
Forms of Agreement 50
Part – IV General Conditions of Contract 53
Performa of Agreeing to G.C.C. 78
Part – IV TERMS OF REFERENCE (TOR) 79
(Signature)
Authorized Signatory
Bidders Name & Seal
Sr. Public Relations Officer
Date :
4
DISCLAIMER
1. The information contained in this Bid Document or subsequently provided to
Bidders, whether verbally or in documentary form or otherwise by or on
behalf of CIDCO, or any of its employees, is provided to Bidders on the terms
and conditions set out in this BID document and such other terms and
conditions subject to which such information is provided.
2. This BID document is neither an agreement nor an offer by CIDCO to the
prospective Bidders or any other person. The purpose of this BID document is
to provide interested parties with information to assist in the formulation of
their Proposals for selection pursuant to this BID. This BID document includes
statements, which reflect various assumptions and assessments arrived at by
the CIDCO in relation to the Consultancy. Such assumptions and statements do
not purport to contain all the information that each Bidder may require. This
BID may not be appropriate for all persons, and it is not possible for CIDCO, or
its employees, to consider the consulting objectives, technical expertise and
particular needs of each party who reads or uses this BID. The assumptions,
assessments, statements and information contained in this BID document may
not be complete, accurate, adequate or correct and each Bidder should
conduct its own investigations and analysis and should check the accuracy,
adequacy, correctness, reliability and completeness of the assumptions,
assessments and information contained in this BID documentand obtain
independent advice from appropriate sources.
3. CIDCO, or its employees, make no representation or warranty and shall have
no liability to any person, including any Bidder, under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise
for any loss, damages, cost or expense which may arise from or be incurred or
suffered on account of anything contained in this BID or otherwise, including
the accuracy, adequacy, correctness, reliability or completeness of the BID and
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any assessment, assumption or information contained therein or deemed to
form part of this BID document.
4. CIDCO may in its absolute discretion, but without being under any obligation
to do so, update, amend or supplement the information, its assessment or
assumptions contained in this BID document. Such changes shall be intimated
to all the Bidders. In case additional period for submission, if required due to
such amendments, is necessitated the same shall be intimated to all the
Bidders.
5. The issue of this BID document does not imply that CIDCO is bound to select or
to appoint any Bidder for the Consultancy and it reserves the right to reject all
or any of the Bidders without assigning any reasons whatsoever.
6. CIDCO reserves the right not to proceed with the Bidding Process at any time
or stage, without notice or liability, and to reject any or all Bid(s) without
assigning any reasons whatsoever.
(Signature)
Authorized Signatory
Bidders Name & Seal
Sr. Public Relations Officer
Date :
6
GLOSSARY
A glossary of the different acronyms & terms used in the document is given below
with the reference of individual acronyms/terms. These are to be used in relation to
the interpretation of the acronyms/terms mentioned in the BID.
S.NO. ACRONYM REFERENCE TO
1. CIDCO City & Industrial Development Corporation of Maharashtra
Limited
2. Client City & Industrial Development Corporation of Maharashtra
Limited.
3. Agency Bidder
4. BS Bid Security
5. ITB Instruction to Bidders
6. IEM Independent External Monitors
7. DS Data Sheet
8. TFF Technical & Financial Forms
9. GCC General Conditions of Contract
10. PBG Performance Bank Guarantee
(Signature)
Authorized Signatory
Bidders Name & Seal
Sr. Public Relations Officer
Date :
7
NOTICE INVITING PROPOSAL
1. CIDCO of Maharashtra Limited through the process of e-tendering invites “On-
line” limited e-bid Proposal for Appointment of Travel Agency for booking of Air
Tickets (International / Domestic) / Train Tickets/ Hotels/ Vehicles and other
related services mentioned hereinafter :
2.
Sr.
No. Description Details
1. Name of Work: Appointment of Travel Agency for booking of Air Tickets
(International / Domestic) / Train Tickets/ Hotels/
Vehicles and other related services
2. C.A. No. 01/CIDCO/PR/2016-17
3. EMD Rs. 75,000/- (To be paid via online payment Gateway
Mode only)
4. Contract Period 36 (Thirty Six) Months
5. Bid Price: INR 5300/- (Indian Rupees Five Thousand and Three
Hundred only) (Rs. 5000/- Bid Cost + Rs.300/- for VAT @
6 %)- Non Refundable, to be paid via online payment
Gateway Mode only
3. This BID DOCUMENT is non-transferable. Joint Venture/Consortiums shall not
be permitted. The EMD of Successful bidder will be converted into a Security
deposit with CIDCO till its contract gets over.
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4.0 MANDATORY ELIGIBILITY CRITERIA:
4.1 The eligibility criteria for the Bidders have been provided in the table below;
Sr.
No.
Qualification Criteria Proof Required
1. Agency should be registered with
International Air Transport Association
(IATA) and Indian Railway Catering and
Tourism Corporation Ltd. (IRCTC).
Copy of Registration
Certificate from IATA and
IRCTC1
2. Agency must have at least 5 years
relevant experience in providing travel
related services for various reputed
organizations /Department of
Government of India/ Public Sector
Undertakings /Statutory bodies/MNCs.
Copy of Work orders/
Agreement with reputed
organizations
/Department of
Government of India/
Public Sector
Undertakings /Statutory
bodies/MNCs. for
providing travel related
services
3. Agency must have minimum average
Annual Billing (Turnover) of Rs. One
Crore per year during the last 3 years
Copy of Turnover
Certificate from a
Chartered Accountant.
4 Agency must be registered with Sales
Tax/Service Tax and other required
Authorities/ Departments, as applicable
for the trade.
Registration Certificate
5 Agency should have filed IT returns for
the last three Assessment Years. 2013-14,
2014-15, 2015-16
Copy of IT returns for
previous three years.
6 The agency should have Income Tax PAN
Number.
Copy of Pan card
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4.2 SCOPE OF WORK
The scope of work for the Bidders shall include but not limited to the following:
a) Timely delivery of tickets, Visa service, Passport service and any other
related services.
b) The agency will ensure that Visa, Transit Visa or any other formalities
required for international visits are fulfilled.
c) Sometimes tickets and other related service will be required on a very
short notice (2-3 hours) and also on holidays by the Chairman, HODs and
other Senior Officers of CIDCO.
d) The agency will provide 24 hours help line service number so that in case
of any emergency CIDCO /Traveler may contact the Agency.
e) The agency will inform the Traveler about the cancellation/rescheduling of
Flight by the Airlines.
f) In case the tickets are delivered after the scheduled date and time, the
agency will be solely responsible for the same and no payment will be
made for it.
g) Payment will be made by RTGS only against submission of monthly bills.
h) Booking and arranging of domestic railway tickets.
i) Assistance for obtaining visa and submitting passport at the embassies.
j) Obtaining travel related insurance including overseas medical
insurance.
k) The agency will be available at all times for booking /cancellation of both
air and railway tickets.
l) Submission of a formatted monthly statement of bills raised, the
statement should also include the cost of ticket of airline / railway.
m) Assisting CIDCO’s representatives in getting enrolled in frequent flyer
programs.
n) Booking of Hotels and Vehicles for the CIDCO’s representatives.
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GENERAL NOTES:
1) CIDCO reserves right to reject any or all Bids without assigning any reason and
the same shall be at the entire discretion of CIDCO. CIDCO’s decision in this
respect shall be final and binding.
2) In case of damaged documents / non accessible documents / relevant balance
documents of already uploaded documents not found after opening of
technical bids then the hard copies of that documents shall be accepted
subject to such documents shall being possession of the bidder before the
later date specified in the e-handover of the prepared documents.
3) Conditional Bids shall be summarily rejected
4) The offer shall remain valid for a period of one hundred twenty (120) days
from the later date specified in the e-handover of the prepared document.
5) EMD to be paid via online Payment Gateway mode only. The information of E-
Payment Gateway available on E-Tendering Website
http://cidco.maharashtra.etenders.in.
6) Cost of Blank Bid Document of Rs.5300/- (Indian Rupees Five Thousand and
Three Hundred Only) (Rs. 5000/- Bid Cost + Rs.300/- for VAT @ 6 %) - Non
Refundable, to be paid via online payment Gateway Mode only. The
information of E-Payment Gateway available on E-Tendering Website
http://cidco.maharashtra.etenders.in.
7) For further details regarding the above, contact Sr. PRO, CIDCO Ltd., 6th
Floor,
CIDCO Bhavan, CBD Belapur, Navi Mumbai –400 614. Tel. No.: 022-
67918241/47.
8) For any details regarding e-Tendering system (e-tender registration of the
bidder) in CIDCO, please contact service provider M/s. SifyNex Tenders (India)
Pvt. Ltd., Mob. No.: 8879333690, 9167969615, Help-Desk Support No. 020 –
30187500, website www.nextenders.com,
https:\\cidco.maharashtra.etenders.in
9) Bidders are required to pay professional fees / charges via on-line payment
gateway mode as per the prevailing rate at the later date specified in the e-
handover of the prepared documents, the present rate is Rs. 1054/- (Inclusive
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of all taxes) to the service provider M/s. SifyNex Tenders (India) Pvt. Ltd. for
uploading the documents and main Bid Document, etc..
Sr. Public Relations
Officer
Date :
12
BIDDING SCHEDULE
Name of Work : Appointment of Travel Agency for booking of Air Tickets (International
/ Domestic) / Train Tickets/ Hotels/ Vehicles and other related
services
C.A. No. : 01/CIDCO/ PR/2016-17
Sr.
No. CIDCO Stage Vendor Stage
Start Date &
Time (dd.mm.yy
Expiry Date &
Time (dd.mm.yy
hh:mm) hh:mm)
1
Main Proposal
Preparation &
Release
23.11.2016 23.11.2016
11.00 Hrs. 17.00 Hrs.
2 Main Proposal
Document Purchase
23.11.2016 19.12.2016
17.01 Hrs. 13.00 Hrs.
3
Receipt of Queries
from Bidders by
23.11.2016 05.12.2016
13.01 Hrs. 17.00 Hrs.
4 Reply of queries to
Bidders
05.12.2016 13.12.2016
17.01 Hrs. 15.00 Hrs.
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Complete Technical
& Financial Bid
Preparation for
Online Submission
of Document, Main
Bid Financial
Proposal document
& Online bid
13.12.2016 19.12.2016
15.01 Hrs. 15.00 Hrs.
6
Close New Entries
(Technical &
Financial)
19.12.2016 20.12.2016
15.01 Hrs. 18.00 Hrs.
7
E-Handover of the
prepared document
(e-confirmation of
online transfer of
document)
20.12.2016 21.12.2016
18.01 Hrs. 15.00 Hrs.
8
Opening & scrutiny
Original Document
(Technical bid
opening & Scrutiny)
21.12.2016 28.12.2016
15.01 Hrs. 17.00 Hrs.
9 Financial Bid
Opening (If possible)
28.12.2016 29.12.2016
17.01 Hrs. 17.00 Hrs.
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NOTE:
1) All bidders are required to submit original Undertaking and original power of
attorney for signing of bid within 3 working days from the date of Financial Bid
Opening during office hours in the office of Sr. PRO, CIDCO Ltd., 6th
Floor, CIDCO
Bhavan, CBD Belapur, Navi Mumbai. Failure or omission to submit the original
documents, as above, shall disqualify the bidder for this bid and also debar the
agency for issue of bids for further one year from the month of such
debarment.
2) Bidder may attend financial bid opening as mentioned above. No separate
intimation will be given regarding Bid opening.
3) Online pre- proposal queries should be uploaded on e-mail I.D.
[email protected] and the reply the queries, deemed as fit to be
replied to by CIDCO, as corrigendum will be uploaded as per time mentioned in
Bidding Schedule.
(Signature)
Authorized Signatory
Bidders Name & Seal
Sr. Public Relations Officer
Date :
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PART – I
TECHNICAL & FINANCIAL PROPOSAL
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(I) Guidelines for Submission of Bids: Interested agencies with requisite experience, may submit required documents in
two Parts (Technical and Financial bids respectively) as per given details below: Guidelines for submission of Technical Bid.
The agency has to submit all the required documents for the above assignments
along with the technical expertise, experience, and proof for similar assignment
handled in the past along with the required EMD and other relevant details as a part
of Technical bid as per the format-enclosed as Annexure A.
Guidelines for submission of Financial Bid. The agency has to submit the financial bid for implementing the assignment as per
the format enclosed as Annexure B
II- Bid Validity The bid must be valid for the period of 120 days from the date of financial bid
opening for placing the work order.
III- Technical Bid evaluation
a. Bids shall be evaluated to determine whether they are complete, whether any
computational errors have been made, whether documents have been properly
signed (all the pages should be signed) and whether bids are generally in order.
b. If there is any discrepancy between words and figures the amount in words shall
prevail. Prior to detailed evaluation, CIDCO will determine the substantial
responsiveness of each bid to the bid document. A substantially responsive bid is
one, which conforms to all the terms and conditions of the bid document,
without material deviation. A bid determined as substantially non-responsive will
be rejected by CIDCO.
c. CIDCO shall evaluate in detail and compare the substantially responsive bids and
comparison of bids shall be on the services offered inclusive of all the levies and
charges.
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TECHNICAL PROPOSAL
Annexure-A
Documents to be submitted during Technical Bid
Name of Agency: ______________________________________________________
1. Copy of certificate of
incorporation/partnership
deed/registration
Attested copy should be attached.
2 Agency should be registered with
International Air Transport
Association (IATA) and Indian
Railway Catering and Tourism
Corporation Ltd. (IRCTC).
Attested copy should be attached.
3. VAT Registration Certificate Attested copy should be attached.
4. Income Tax PAN No. Attested copy should be attached.
5. Audited accounts statement for last
3 financial years – 2013-2014, 2014-
2015, 2015-2016.
Attested copy should be attached.
6. List of Staff with qualification Attested copy should be attached.
7. Copy of work orders of past 5 years
Central/State Govt. etc.
Attested copy should be attached.
8. The Agency must not be blacklisted
by central / state Government
departments/ undertakings
Attested copy should be attached.
9. Near relative not working in CIDCO. Attested copy should be attached.
10. Non-Tempering of Document Attested copy should be attached.
11. Disclaimer Attested copy should be attached.
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FINANCIAL PROPOSAL
Annexure-B
Name
of Work
: “Appointmentof Travel Agency for booking of Air Tickets
(International / Domestic) / Train Tickets/ Hotels/ Vehicles and other
related services.
C.A.No. : 01/CIDCO/PR/2016-17
SR.NO. ITEM Service charges per Unit
in figures
Service charges
per unit in words
A. AIR TRAVEL
Booking / Cancellation of Air tickets
1. Domestic
2. International
B. Railway tickets
Booking / Cancellation of Train tickets booking
1 Indian Railways
2 Foreign Railways
C. Other Services
1. Visa service charges
2. Hotel Booking
3. Vehicle charges per km of running all
over India for Sedan car only
D Discount of Air tickets
(Quote in %)
E Discount on Hotel Tariff rates
(Quote in %)
Lowest quote= A1 X 0.10 + A2 X 0.10 + B1 X 0.15 + B2 X 0.05 + C1 X 0.15 + C2 X 0.05 +
C3 X 0.15 + D X 0.15 + E X 0.10
Notes:
1. It is compulsory to fill the amount both in words and figures.
2. No escalation on any account will be payable on the above amounts.
3. Inclusive of all applicable tax, Service tax &Cess.
4. I, understand that my tender is liable to be rejected if I fail to fill the amount
both in words and figures.
5. The rate will be increased by 7% per year if extension is granted by CIDCO for
subsequent years.
(Signature) Authorized Signatory
Bidders Name & Seal
Sr. Public Relations
Department
Date :
18
UNDERTAKING
(On Letter Head, to be attached to “Technical Proposal”)
(Date and Reference)
Senior Public Relations Officer
CIDCO Ltd., CIDCO Bhavan,
6Th
floor, C.B.D., Belapur,
Navi Mumbai - 400 614.
Maharashtra - INDIA.
Dear Sir,
I/We, _______________________________________________ (Name of Agency)
having examined the BID Document and understood its contents, hereby submit our Bid for
selection as "Appointment of Travel Agency for booking of Air (International / Domestic) /
Train Tickets/Hotels/Vehicles and other related services." and state that:
1. All information provided in the Bid and in the Appendices is true and correct
and all documents accompanying such Bid are true copies of their respective
originals.
2. This statement is made for the express purpose of seeking eligibility for and
bidding for the Consultancy for the aforesaid Project.
3. I/We shall make available to CIDCO any additional information it may find
necessary or require to supplement or authenticate the Selection statement.
4. I/We acknowledge the right of CIDCO to reject our Bid without assigning any
reason or otherwise and hereby waive our right to challenge the same on any
account whatsoever.
5. We certify that in the last three years, we have neither failed to perform on
any contract, as evidenced by imposition of a penalty or a judicial
pronouncement or arbitration award, nor been expelled from any project or
contract nor have had any contract terminated for breach on our part.
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6. I/We declare that:
(a) I/we have examined and have no reservations to the BID Documents,
including the Addendum(s) issued by CIDCO;
(b) I/we do not have any conflict of interest in accordance with Clause 1.11
of ITB; and
(c) I/we hereby certify that we have taken steps to ensure that no person
acting for us, or on our behalf, will engage in any corrupt, fraudulent or
coercive practices to influence the Selection Process.
7. I/We understand that you may cancel the Selection Process at any time
without incurring any liability to the Bidder and that you are neither bound to
accept any Bid that you may receive nor to select any Bidder.
8. I/We certify that we have not been convicted by a Court of law or indicted or
adverse orders passed by a regulatory authority which would cast a doubt on
our ability to undertake the Project or which relates to a grave offence that
outrages the moral sense of the community, and I/We further certify that in
regard to matters relating to security and integrity of the country, we have not
been charge-sheeted by any agency of the Government or convicted by a
Court of Law for any offence committed by us or by any of our sister concerns.
9. I/We further certify that no investigation by a regulatory authority is pending
either against us or against our sister concerns or against our CEO or any of
our Directors/ Managers/employees.
10. (Name of Bidder) hereby irrevocably waives any right it has at any stage at law
or howsoever otherwise arising to challenge or question any decision taken by
CIDCO and / or the Government of Maharashtra in connection with the
selection of a Bidder or in connection with the Selection process itself in
respect of the above mentioned Project and the terms and implementation
thereof.
11. A Power of attorney as perform in Appendix-I Annexure-I favour of the
authorized signatory to sign and submit this Bid and documents is also
attached herewith. The Integrity Pact as per Appendix – B.
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We confirm that in the event of our proposal being selected for award of Bid
as well as any resulting contract, all required documents will be:
i) signed so as to legally bind me/us, and
ii) Submitted with a confirmed Deed of Agreement.
Thanking you,
Yours faithfully,
(Signature, Name & Designation of the Authorized Representative)
21
PART-II
TECHNICAL AND FINANCIAL FORMS
22
TFF-1
LETTER COMPRISING BID
To,
Senior Public Relations Officer
6th
Floor CIDCO Bhavan,
C.B.D Belapur,
Navi Mumbai - 400 614
Phone: 022 67918241/47
Fax:
Email: [email protected]
Subject : Bid for Appointment of Travel Agency for Booking of Air Tickets
(International/Domestic) / Train tickets and other related Services
Dear Sir,
1. With reference to your Tender document dated ________, we, having examined
the tender document and understood its contents, hereby submit our Bid for
Appointment of Travel Agency for Booking of Air (International/Domestic) / Train
tickets and other related Services. The Bid is unconditional and unqualified.
2. All the information provided in the Bid and in the Appendices is true and
correct.
3. I/We shall make available to the Authority any additional information it may
find necessary or require to supplement or authenticate the Bid.
4. I/We acknowledge the right of the Authority to reject our Bid without assigning
any reason or otherwise and hereby waive our right to challenge the same on
any account whatsoever.
5. I/We certify that in the last three years, we have neither failed to perform on
any contract nor been expelled from any project or contract nor have had any
contract terminated for breach on our part.
6. I/We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any Bid that you may receive nor to invite the
Bidders to Bid for the tender, without incurring any liability to the Bidders.
23
7. I/We confirm that the EMD of Rs.75000/- (Rupees Seventy Five Thousand Only)
have been paid by me/us through online payment gateway.
8. I/We agree to keep this Bid valid for 120 (one hundred and twenty) days from
the Bid Due Date specified in the Tender.
9. I/We agree and understand that the Bid is subject to the provisions of the
Tender. In no case, I/we shall have any claim or right of whatsoever nature if
the Tender is not awarded to me/us or our Bid is not opened or rejected.
Dated…………….at ……….. (Dated signature of Tenderer with Stamp of Firm)
24
TFF-2
INFORMATION OF BIDDER
Sl.No. Items Information/Inputs to be filled in
by the tenderer
1. Name and address of the agency/company,
telephone number, fax mobile number, email
address
2. Type of organization (Whether
Proprietorship, partnership, private
proprietor/partners
3. Name and address of the
Directors/Proprietor/Partners
4. Year of formation of the agency/company
5. Nature of business carried out by the
agency/company
6. Branches in other cities in India and abroad
7. Is the Agency registered with International
Air Transport Association(IATA) and Indian
Railway Catering and Tourism Corporation
Ltd. (IRCTC)? Please indicate details and
Attach a copy thereof.
8. Banker’s name and address
(Bank solvency certificate to be attached)
9. Total no. of employees of the agency. (Please
attach details)
10. Income tax Returns for the last three financial
Years 2013-2014, 2014-2015, 2015-2016 (please provide copies of IT returns)
25
TFF-3
UNDERTAKING
I have read the terms and conditions of the tender document and understand that in
case of any of the statement furnished by the undersigned is found to be false OR if
any / all the terms and conditions are not complied with, the tender is liable to be
cancelled and the earnest money deposited shall be forfeited by CIDCO . I agree that
the decision of the CIDCO in this regard would be final and binding on the tenderer.
I also certify that, I have understood all the terms and conditions indicated in the
tender document and hereby accept the same completely.
Date :
Place :
Signature of the authorized signatory of the
agency with official seal/ stamp
26
TFF-4
Declaration regarding no relative working in CIDCO
(To be executed & attested by Public Notary/Executive Magistrate on Rs 100/- Stamp
paper by the Applicant)
CERTIFICATE
I _____________________________, S/o ___________________________,
R/o_____________________________________ hereby certify that none of my
relative(s) is/are employed in CIDCO Ltd. as per details given in tender document. In
case at any stage, it is found that the information given by me is false/incorrect,
CIDCO Ltd. shall have the absolute right to take any action as deemed fit, without any
prior information to me.
Signature ____________________
(For and on behalf of the
contractor)
Name
__________________________
Place
__________________________
Date
___________________________
27
TFF-5
Declaration towards Non – tampering of tender document
I/we declare that:
Proprietor/Partner(s)/Director(s) of -------------------------------- hereby declare that I/we
has/have not tampered the Tender documents vide Tender No: -----------------------------
---------------------------- downloaded from website:
Signature
Name
Name and Address of Firm
28
TFF-6
Declaration regarding blacklisting / debarring from taking part in govt. Tender by dot
/govt. Dept
(To be executed & Attested by Public Notary / Executive Magistrate on Rs. 100/-
Stamp Paper by the Applicant.)
I / We ---------------------------------------- hereby declare that the firm / company namely -
---------------------------------------------------------------------------------------------- has not been
blacklisted or debarred in the past by DOT any other Government organization from
taking part in Government tenders.
Or
I / We ---------------------------------------- hereby declare that the firm / company namely -
---------------------------------------------------------------------------------------------- was
blacklisted or debarred by _________________________ from taking part in
Government tenders for a period of ------------ year’s w.e.f. ---------------.
The period is over on ---------------------- and now the firm/ company are entitled to
take part In Government tenders.
In case the above information found false I/We are fully aware that the tender/
contact will be rejected/ cancelled by CIDCO Ltd. and EMD/SD shall be forfeited
In addition to the above CIDCO Ltd. will not be responsible to pay the bills for any
completed / partially completed work.
Signature-------------------------------
Name -------------------------------------
Capacity in which as signed: ---------------------------
Name & address of the firm:--------------------------
Seal of the firm should be Affixed
Date: Signature of Applicant with seal
29
TFF-7
Power of Attorney for signing of Bid
Know all men by these presents, We…………………………………………….. (name of the firm
and address of the registered office) do hereby irrevocably constitute, nominate,
appoint and authorize Mr./Ms.(Name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently
employed with us and holding the position of ……………………………. , as our true and
lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on
our behalf, all such acts, deeds and things as are necessary or required in connection
with or incidental to submission of our Bid for empanelment and submission of our
Bid for the …………………………… proposed or being developed by the CIDCO including
but not limited to signing and submission of all Bids, bids and other documents and
writings and providing information/ responses to the Authority, representing us in all
matters before CIDCO, signing and execution of all contracts and undertakings
consequent to acceptance of our Bid, and generally dealing with the Authority in all
matters in connection with or relating to or arising out of our Bid for the said project.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Attorney in exercise of the powers hereby conferred shall
and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, …………………………. THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For …………………………..
(Signature, name, designation and address)
Witnesses:
1.
(Notarized)
2.
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney)
30
Notes:
• The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter
documents of the executant(s) and when it is so required, the same should be
under common seal affixed in accordance with the required procedure.
• Wherever required, the Applicant should submit for verification the extract of
the charter documents and documents such as a board or shareholders’
resolution/ power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Applicant.
• For a Power of Attorney executed and issued overseas, the document will also
have to be legalised by the Indian Embassy and notarised in the jurisdiction
where the Power of Attorney is being issued. However, the Power of Attorney
provided by Bidders from countries that have signed the Hague Legislation
Convention 1961 are not required to be legalised by the Indian Embassy if it
carries a conforming Appostille certificate.
31
PART – III
INSTRUCTIONS TO BIDDERS
32
INSTRUCTIONS TO BIDDERS
1.0 GENERAL
Bids are invited for Appointment of Travel Agency for booking of Air
(International / Domestic) / Train Tickets/ Hotels/ Vehicles and other
related services
This Bid Document consists of following:
i) Instructions to Bidders (ITB)
ii) General Conditions of Contract
iii) Proforma of Agreeing to G.C.C.
iv) Technical Proposal
v) Financial Proposal (Schedule – A)
vi) Terms of Reference (TOR)
1.2 Detailed description of project, CIDCO’s Requirements, Scope of
Services, and period of professional assignment related with this
Consultancy service are prescribed in the Terms of Reference.
1.3 In case the prospective bidder considers that its firm possesses the
requisite experience and the capabilities required for undertaking the
assignment, it may submit a bid in response to this invitation. The
manner in which the bids are required to be submitted, evaluated and
accepted is explained in the various provisions of this document.
1.4 Prospective Bidders are encouraged to inform themselves fully about
the assignment before submitting the bid by paying visits to CIDCO / by
sending pre-proposal queries to CIDCO. No cost of such visits is
reimbursable.
1.5 Financial Proposals of only those bidders who are qualified in
accordance with the Eligibility will be opened.
1.6 The costs of preparing the Proposals and subsequent meetings, if any
including visits to CIDCO office are not reimbursable.
1.7 CIDCO is not bound to accept any of the Proposals submitted and
reserves the right to reject any or all Proposals without assigning any
reasons and without being liable for the same in any way or manner
whatsoever.
33
1.8 The Proposals must be properly signed as detailed below:
i) By the proprietor, in case of a proprietary firm;
ii) By the partner holding the Power of Attorney, in case of a
partnership firm;
iii) By a duly authorized person holding the Power of Attorney, in
case of a Limited Company or a corporation;
A copy of the Power of Attorney certified under the hands of a partner
or director of the Bidder Company with a notary public on the
prescribed form shall accompany the proposal.
1.9 All documents accompanying the Bid shall be in the English Language
and strictly as per the formats provided in the bid document. No
supporting document or printed literature shall be submitted with the
Bid unless specifically sought for and in case these documents are in
another language, they must accompanied by an accurate and
authentic translation of the relevant passages in English, in which case,
for all purposes of interpretation of the Bid, the translation in English
shall govern.
1.10 Bidder should note clearly the date and time e-handover of the
prepared document.
1.11 Conflict of Interest: CIDCO requires that the selected Bidder (the
Agency) provide professional, objective and impartial advice and at all
times hold CIDCO’s interest paramount, avoid conflicts with other
assignments or their own corporate interests, and act without any
consideration for future work with CIDCO.
1.11.1 Without limitation on the generality of the foregoing, Agencies, and
any of their associates shall be considered to have a conflict of interest
34
and shall not be selected under any of the circumstances set forth
below:
(i) If there is a conflict among this and other consulting
assignments of the Agency (including its personnel and sub-
Agencies) and any subsidiaries or entities controlled by such
Agency. The duties of the Agency depend on the circumstances
of each case. While providing consultancy services to CIDCO for
this particular assignment, the Agency shall not take up any
assignment that by its nature will result in conflict with present
assignment.
(ii) A firm, which has been engaged by CIDCO to provide Goods or
Works for this Project, and any of its affiliates etc., will be
disqualified from providing consulting services for the same
project. Conversely, a firm hired to provide consulting services
for the preparation of implementation of a project and any of its
affiliates will be disqualified from subsequently, providing goods
or works or services related to this project.
1.11.2 The conflict of Interest shall be applicable during the consultancy
period as well as for a period of 6months reckoned from the date of
completion of this consultancy period to goods, services, and works
directly resulting from this consultancy assignment.
1.12 Fraudulent and Corrupt practices:
1.12.1 The Bidders and their respective officers, employees, agents and
advisers shall observe the highest standard of ethics during the
Selection process. CIDCO shall reject a bid if it determines that the
Bidder has, directly or indirectly or through an agent, engaged in
corrupt, fraudulent, coercive, undesirable or restrictive practices in the
Selection Process.
35
1.12.2 For the purposes of this provision, the terms mentioned above are
defined as follows:
a) "Corrupt practice" means the offering, giving, receiving, or
soliciting, directly or indirectly, of anything of value to influence
the action of a public official in the Selection Process;
b) “Fraudulent practice” means a misrepresentation or omission of
facts in order to influence the Selection Process;
c) “Coercive practice” means harming or threatening to harm,
directly or indirectly, persons or their property to influence their
participation in the Selection Process;
d) “undesirable practice” means establishing contact with any
person connected with or employed with CIDCO with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Selection Process; and
e) “Restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among Bidders with the
objective of restricting or manipulating a full and fair
competition in the Selection Process.
1.13 All documents and other information supplied by CIDCO or submitted
by Bidder / Agency shall remain or become the property of CIDCO.
Bidders/agencies are to treat all information, as strictly confidential.
CIDCO will not return any submissions.
1.14 Bidders are advised that the selection of Agency shall be on the basis of
evaluation process defined in this ITB. Bidders will be deemed to have
understood and agreed that no explanation or justification of any
aspect of the bid Process will be given and that CIDCO’s decisions are
without any right of appeal whatsoever.
1.15 Bidders are advised that CIDCO will not respond to any enquiries or
enter into communication concerning or relating to bid Process.
1.16 CIDCO reserves the right to make inquiries with any of the clients, listed
by the Bidders in their previous experience record.
1.17 How to Obtain BID DOCUMENT:
36
Bid Document can be downloaded from e-tendering website on
payment of Non-refundable document fee of INR 15825/- (Indian
Rupees Fifteen Eight Hundred Twenty Five only) (Rs. 15000/- Bid Cost +
Rs.825/- for VAT @ 5.50%) to be paid via online Payment Gateway
mode only. The information of E-Payment Gateway is available on E-
Tendering Website http://cidco.maharashtra.etenders.in.
2.0 Amendments to the BID Document:
2.1.1 At any time prior to the last time and date for complete Technical bid/
financial bid preparation for online submission, the CIDCO, may, for any
reason, whether at its own initiative or in response to a clarification
requested by a prospective Bidder, modify the BID Document by an
amendment.
2.1.2 The same shall be notified online to all prospective Bidders who have
received the BID Document and will be binding on them.
2.1.3 In order to provide Bidders reasonable time in which to take the
amendment into account in preparing their bids, the CIDCO Ltd. may, at
its discretion, extend the last date for complete technical and financial
bid preparation for online submission of Proposals.
3.0 BID DOCUMENTS
The Bidder should attach scanned copies of attested documents in PDF
format for “ON-LINE” submission.
4.0 DELETED
5.0 EARNEST MONEY
The Bidder shall deposit and keep deposited (for the period specified
hereafter) with CIDCO a sum as shown in this Notice Inviting Bid as the
Earnest money. The Earnest Money shall be deposited By way of
online Payment Gateway Mode.
37
5.1 The failure or omission to deposit or keep deposited the Earnest Money
shall disqualify the Bidder for that Bid.
5.2 No interest shall be payable by CIDCO in respect of such deposited
Earnest Money.
5.3 The Earnest Money of an unsuccessful Bidder shall be refunded after
the final decision on the Bids or on expiry of the validity period
whichever is earlier on request.
5.4 a) The Bidder shall not revoke his Bid or vary its terms and conditions
without the consent of CIDCO during the period of 120 days counted
from the last day appointed by CIDCO for e-handover of the prepared
document. If the Bidder shall revoke the Bid or vary its terms or
condition contrary to his promise to abide by this condition, the Earnest
Money Deposited by him shall stand forfeited to CIDCO without
prejudice to its other rights and remedies. Without prejudice to the
foregoing clause, the Bidder shall be disentitled to submit a Bid to
CIDCO for execution of any work for the period of one year effective
from the date of such revocation or variations of the terms and
conditions of the Bid.
b) The authorized signatory of the lowest Bidder shall duly sign with their
company seal on each page of the hard copy of the Bid documents
prepared, within 7 (Seven) working days after issue of Letter of
Acceptance (LOA).
5.5 In case of the successful Bidder, on payment of the required amount of
the Performance Security, the Earnest Money Deposited in the form of
online Payment shall be refundable in the event of CIDCO deciding the
award of the contract.
5.6 The E.M.D. of the successful Bidders shall be forfeited if:
5.6.1 The E.M.D. of the successful Bidder shall be forfeited if he
withdraws/revokes his offer or modifies/changes the same during the
validity of the Bid, or if after the acceptance of his Bid, the contractor
38
fails or neglects to furnish the balance Contract Deposit or Performance
Security within 15 days from the date of issue of letter of acceptance.
5.6.2 The E.M.D. of the successful Bidder shall be entitled for forfeiture if he
fails to execute contract agreement within 30 days from the date of
issue of Letter of Acceptance.
5.6.3 The E.M.D. of the successful Bidder shall be entitled for forfeiture if he
fails to commence; the consultancy work within 30 days from the date
of issue of Letter of Acceptance.
5.6.4 The Bidders may also be dis-qualified for Biding for further works in
CIDCO as provided in foregoing Clause No. 5.4 (a)
6.0 INTERPRETATION OF CONDITIONS OF CONTRACT
The Bidder shall be deemed to have studied all plans, specifications,
terms & conditions of Bid, before on-line submission of Bid, whether
the Bidder inspect them or not.
The Bidder shall be deemed to have made independent enquiries about
probable taxes levied by the local civic authority or the Government.
The ignorance about probable taxes to be paid either to the local civic
authority or to the government shall not be considered as an excuse.
The amount quoted by Bidder shall be deemed to include all the taxes,
Octroi, duties, royalties, etc. payable under the rules to local civic
authority, and / or Government / Statutory body.
On-line submission of Bid implies that Bidder has read these conditions
and other contract documents of the Bid as well as the conditions of
the Bid and as made himself aware of the same as also about the
condition and other factors having bearing on the execution of the
order.
In case of difference of opinion or dispute regarding the interpretation
of Bid conditions, the interpretation of any of the conditions by SR. PRO
of CIDCO Limited shall be final and binding on the Bidder.
7.0 MAIN BID DOCUMENT:
39
Main Bid Document shall be downloaded from the website. Any other
queries can be uploaded ON-LINE as per the Bidding Schedule. Right to
issue Bid Document is reserved with CIDCO.
8.0 METHOD OF SUBMISSION OF BID:
The complete Bid submission, “ON-LINE” on the website
http://cidco.maharashtra.etenders.in, can be made only after
payment of Cost of Blank Bid Document, EMD and requisite fees
through payment gateway of the service provider by Bidders.
8.1 Bid should be submitted through website
http://cidco.maharashtra.etenders.in and ON-LINE only.
8.2 Late Bid offers: Bidders grievance/ complaint on account of non-
submission of Bid due to problem of internet connectivity, electricity or
any other reason will not be considered.
9.0 IMPORTANT POINTS TO BE NOTED BY THE BIDDER
a) The ON-LINE submission of Bid document should be done on
website by the eligible agencies as per bidding schedule.
b) Bidder shall be deemed to have studied all Terms of Reference
& made himself / themselves acquainted with the assignment
before submitting the Bid.
c) At any time prior to the deadline for submission of Bid, CIDCO
may amend the Bid documents by issuing Corrigendum.
d) Any corrigendum as well as clarification thus issued shall be a
part of the Bid documents and it will be assumed that the
information contained in the amendment have been taken into
account by the Bidder while submitting the Bid.
e) To give prospective Bidders reasonable time in which to take the
amendment into account in preparing their Bids, CIDCO shall
extend, at its discretion, the deadline for submission of Bids, in
40
which case, CIDCO will notify all Bidders by placing it on website
of the extended deadline and the same will be binding on them.
f) CIDCO is not bound to accept the lowest or any Bid. CIDCO
reserves the right to reject any or all Bids received without
assigning any reasons whatsoever.
g) This detailed notice inviting proposal shall form part of Bid
documents.
10.0 PREPARATION OF PROPOSAL
Bid proposal shall be prepared for Technical proposal/ financial
proposal; the information shall be furnished strictly in the formats
prescribed in TFF.
10.1 Technical Proposal
The Applicant should attach scanned copies of attested documents in PDF
format for “ON-LINE” submission.
a) Registration certificate
b) Information about Bidder
c) Average Annual Turnover during last 3 financial years certified by
Chartered Accountant.
d) Power of Attorney authorizing the signatory of the Bid.
e) EMD of Rs.75,000/- through online payment gateway
f) Valid Service TAX Registration Certificate if applicable
g) Latest Income TAX return for the Years 2013-14, 2014-15 and 2015-16.
h) Certificate of Near Relative not working in CIDCO as per. (To be executed&
attested by Public Notary/Executive Magistrate on Rs.100/-stamp paper by
the Applicant)
i) Declaration of Non-tampering of Document (Section - X).
j) Declaration of non-Blacklisting (Section - XI). (To be executed & attested by
Public Notary/Executive Magistrate on Rs.100/- Stamp paper by the
Applicant).
41
Failure to furnish all the information required as per Tender Documents
or submission of the bids not substantially responsive to the Bid
Documents in any respect may result in rejection of the Bid.
10.1.2 The technical proposal must not include any financial information.
10.1.3 CIDCO reserves the right to verify all or any statements, documents,
information and data submitted by the Bidders to confirm their claim
with respect to Eligibility, experience, expertise and capabilities of the
Bidders.
10.1.4 If at any later date, it is found that any documents, information,
statements or data submitted by the Bidders, based on which the
Bidders have been considered eligible or their proposals are considered
or are successful and awarded this assignment, isfound to be incorrect
or false in material particulars or misleading, CIDCO reserves the right
to declare such Bidders ineligible and to forth with disqualify them or to
reject their Proposals or to cancel the Contract, as the case may be, and
to appropriate the bid security as previously agreed to reimbursement
of CIDCO’s costs and genuine pre-estimated loss and damage to CIDCO,
without being liable to the Bidders for the same in any manner
whatsoever. In addition CIDCO shall also debar the agency for issue of
bids for further one year from the month of such debarment.
10.2 FINANCIAL PROPOSAL
10.2.1 The documents containing “FINANCIAL PROPOSAL” shall contain all the
information in the prescribed forms duly field in figures and words at
appropriated places.
10.2.2 While submitting the financial Proposal, the Bidder shall ensure the
following:
I. The Bidder has to quote as mentioned in financial proposal
(Schedule –A) in figure as well as inwords.
II. All the costs associated with the assignment shall be included in
the proposal. The total amount indicated in the financial
42
Proposal shall be without any conditions attached or subject to
any assumption, and shall be final and binding. In case any
assumptions or conditions are indicated in the financial
Proposal, it shall be considered non-responsive and liable to be
rejected.
III. The financial Proposal shall be inclusive of all taxes, octroi,
levies, duties and cost of insurances etc. except service tax.
11.0 SUBMISSION OF PROPOSALS
11.1 The proposal must be valid for the period stated in the ITB.
11.2 Bid must be on the Forms prescribed at TFF. Any attachment to such
Forms must be in the form of information on sheets of paper or
photocopies of only relevant pages of any document. No separate
documents like printed annual statements, company brochures, copy
of contracts etc. will not be entertained.
11.3 If the name of the eligible/selected Bidder(s) is changed prior to
entering into of the contract, CIDCO may permit the same subject to
the condition that
(i) the Proposal remains the same in every respect except for the
change of the name and relevant documents in this regard are
submitted to CIDCO by the Bidder immediately and before the
last date for execution of the Contract and
(ii) Thereshould be no material change in the ownership or control
or constitution of the Bidder as from the date of submission of
the Proposal.
11.4 Oral statements made by a Bidder at any time regarding any matter
including quality, or arrangement of the equipment or any other matter
will not be considered and will not be binding on CIDCO.
12.0 PROPOSAL EVALUATION
i) The Bidder shall not contact CIDCO on any matter related to its
Technical and/ or Financial proposal from the time & date of
43
opening of the bids to the time the contract is awarded.
ii) Any, effort by a Bidder to influence CIDCO in examination,
evaluation, ranking of proposal or recommendation for award of
contract shall result in rejection of Bidder’s proposal.
iii) A two stage evaluation process shall be carried out by CIDCO.
13.0 METHOD OF OPENING OF BID
13.1 On-line Technical Proposals received will be opened and scrutinized on
the date and time specified in the Bidding schedule.
13.2 Financial Bid of only those Bidders who qualifies in the technical bid
evaluation will be opened on the date and time specified in the Bidding
schedule or on the specified date and time, which shall be
communicated to such Bidders through Fax / email. The financial Bids
will be opened in the presence of Bidders / their representative, who
deem to remain present for such opening of financial proposals,
through e-tendering procedure at SAP Office, 6th
Floor,CIDCOBhavan,
CBD Belapur, Navi Mumbai.
13.3 CIDCO reserves the right to reject any or all offers. CIDCO is not bound
to give any reason for not considering such offers.
14.0 TECHNICAL EVALUATION:
14.1 The bidder who’s the technical proposal not satisfying the criteria
mentioned in 10.1 above will be disqualified.
Financial Bid of only those Bidders who are qualified in technical bid
evolution will be opened on the specified date and time, which shall be
communicated to such Bidders through Fax / email.
14.2 Financial Evaluation:
The financial bids will be opened in presence of the representatives of
the Bidders who choose to be present at the time of opening of the
bids.
44
15.0 PREFERRED BIDDER:
The bidder who quote minimum amount (L-1) for the assignment will
be the preferred bidder. The bidders will be ranked based on the
amount quoted as L-1, L-2, L-3 etc.
16.0 ACCEPTANCE OF BID
Acceptance of Bid on behalf of CIDCO shall be done by an officer to
whom such powers are delegated by CIDCO.
17.0 AWARD OF CONTRACT AND ITS EXECUTION:
Award of contract and its execution shall be subject to the following
provisions and stipulations:
i. Selection of Agency will be within a timeframe of 120 days from the last
date of submission as specified in the Notice inviting Proposal.
ii. CIDCO shall reserve the right to negotiate with the preferred bidder. If
CIDCO is unable to award the contract / finalize a service agreement
with the L-1 bidder ranked-I due to its dis-qualification, it may proceed
to the next ranked bidder. CIDCO reserves the right to present a
contract to the bidder selected for negotiations.
iii. CIDCO may seek clarifications/additional documents from the Agency.
The Agency is bound to furnish the same within the specified time limit.
iv. The cost incurred by bidder in preparing their bid, or providing
clarifications or attending discussions in connection with this document
shall be borne by the Bidder. CIDCO Ltd. in no case will be responsible
or liable for these costs, regardless of the conduct or outcome of the
process.
v. It is to be noted that, CIDCO reserves the right to accept any bid and to
annul the Bid process at any time prior to award of the contract or
reject any or all bids without assigning any reason therefore and
without thereby incurring any liability towards the affected Bidder or
45
Bidders or CIDCO shall being any obligation to inform the affected
Bidder or Bidders.
vi. On completion of the selection process and the relevant procedural
formalities, the selected Agency shall be awarded the contract by
CIDCO issuing it a Letter of Acceptance (LOA) for the Professional
Assignment. The deemed date of commencement of the assignment
shall be from the 15 day from the date of issue of LOA.
vii. Failing to execute the Contract Agreement within the said period may
result in termination of contract and award of the same to other
Agency/Agencies at the risk and cost of the Agency, who has been
issued LOA.
viii. The person to sign the contract agreement shall be the person duly
authorized.
18.0 DELETED
19.0 The appointed Agency shall provide the detailed methodology on the
Professional assignment along with details of the Experts who shall be
performing this assignment from CIDCO officeas well asat their own
office. The experts whose profiles are found to be in deviation from the
requirement of BID and the submission made in the Technical Proposal
shall be rejected.
20.0 Nothing in this contract is intended to make nor shall it make CIDCO
the employer of the Agency or the Experts assigned on the task by the
Agency. The Expert performing on the assignment from the CIDCO
office will work under the administrative control of CIDCO, as
employees of the Agency and they shall have no claim, whatsoever, on
CIDCO for the services rendered as part of the contract with the
selected Agency. The selected Agency shall be the employer of the staff
provided and only it/they shall be responsible for the payment of
Salary/Consultancy amount and/or providing risk cover etc. to the
46
personnel provided by them. CIDCO will not be liable for any
compensation or grant, whatsoever, even if any untoward incident etc.
occurs during the period of contract.
21.0 The successful Agency shall not further outsource the assignment to
other individual/Agencies and if found so, the contract shall be deemed
to be cancelled and the PBG shall be forfeited.
22.0 CONFIDENTIALITY:
The Agency and their experts performing the assignment shall not at
any time, communicate to any person or entity any confidential
information acquired in the course of their services on the professional
assignment, except when specifically directed/permitted to do so by
CIDCO. For the sake of this document and the contract, confidential
information shall comprise of any and all information, whether related
to the project or pertaining to internal processes of CIDCO. The Agency
shall ensure that a (Non-Disclosure Agreement - NDA), with a format
bearing approval of CIDCO, be executed between the Agency& CIDCO
as well as a back-to-back confidentiality agreement between the
Agency& all its key personnel be executed and submitted to CIDCO, all
in original sets.
23.0 TERMINATION FOR INSOLVENCY:
CIDCO may at any time terminate the Contract/ Agreement by giving a
written notice to the Agency. Termination of contract shall be without
compensation to the Agency, provided that such termination will not
prejudice or affect any right of action or remedy, which has accrued or
will accrue thereafter to CIDCO.
24.0 EXECUTION OF CONTRACT AGREEMENT:
The successful Bidder is required to execute a contract agreement in
duplicate in the form attached with the Bid documents on stamp paper
47
of appropriate value. The contract agreement should be signed within
30 days from the date of acceptance of the Bid.
If applicable, the successful Bidder will be required to produce a valid
contract labour license issued in his favour under the provision of the
contract labour (Regulation and Abolition) Act, 1970, before starting
the work. On failure to do so, the acceptance of the Bid is liable to be
withdrawn and also the earnest money is liable to be forfeited.
The Contractor shall pay all applicable taxes, levies, cess etc. directly to
the Government. CIDCO shall not take any responsibility for any kind of
tax payment to the Government at any point of time.
If applicable, under Inter-state Migrant Workmen Act and/or Contract
Labour Act, the Contractor should obtain requisite license / registration
Certificate under the Act while engaging the migrant labour from other
State.
25.0 If applicable, the agencies quoting for the work in NMMC area must
have the valid NMMC Registration Certificate under Cess Act.
26.0 The Bidder shall furnish truly & faithfully the foregoing information by
an Affidavit on a Non-Judicial stamp paper of appropriate value. If any
information so furnished shall be found to be untrue or false, the Bid
shall be liable to be dis-qualified and the Earnest Money/ Performance
Security, as the case may be; accompanying such Bid shall stand
forfeited to CIDCO. If the information so furnished shall be found to
untrue or false during the currency of the contract, the Agency shall be
held to be in default and the contract awarded to him shall be liable to
be terminated with all its consequences.
48
27.0 Notice Inviting Proposal and these instructions shall form part of the
contract.
28.0 INDEMNITY
The Agency shall indemnify CIDCO for any direct loss or damage that is
caused due to deficiency in services by the Agency.
(Signature)
Authorized Signatory
Bidders Name & Seal
Sr. Public Relations Officer
Date :
49
AGREEMENT
Between
City & Industrial Development Corporation of Maharashtra Ltd
And
Travel Agency for booking of Air Tickets (International / Domestic) / Train Tickets/
Hotels/ Vehicles and other related services.
50
FORM OF AGREEMENT FOR
Appointment of Travel Agency for booking of Air Tickets (International / Domestic) / Train
Tickets/ Hotels/ Vehicles and other related services.
Contract No: ________________________
This AGREEMENT (hereinafter referred to as the “Contract”, subsequent to and
consequent to its execution) is made on the ________ day of the month of
_______________ 2015, between, on the one hand, the City & Industrial
Development Corporation of Maharashtra Ltd., a company incorporated under the
Companies Act, 1956 (1 of 1956) and having its registered office at ‘Nirmal’ 2nd floor,
Nariman Point, Mumbai - 400 021 (hereinafter referred to as the “CIDCO”, which
expression shall, unless repugnant to the context or meaning thereof, include its
successors and permitted assigns) and, on the other hand,
______________________________________________ (hereinafter referred to as
the “Agency”, which expression shall, unless repugnant to the context or meaning
thereof, include its successors and permitted assigns)
WHEREAS
(A) CIDCO through limited e-bidding, invited bids from interested, eligible bidders for
Appointment of Travel Agency for booking of Air (International / Domestic) / Train Tickets/
Hotels/ Vehicles and other related services.
(Hereinafter referred to as the “Project”);
(B) the Agency, submitted their proposals for the aforesaid work, whereby the
Agency represented to CIDCO that they had the required professional skills,
capacities and capabilities and in the said proposals the Agency also agreed to
provide the Services to CIDCO on the terms and conditions as set forth in the
bid documents and this Contract; and
(C) CIDCO, upon acceptance of the aforesaid proposals of the Agency, awarded
the Consultancy work to the Agency vide the Letter of Acceptance for the
Consultancy Ref. No ______________________ dated _____ (hereinafter
referred to as the “LOA”).
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(D) In pursuance of the bid documents and LOA, the parties have agreed to enter
into this Contract.
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents, along with all addenda issued thereto and attached
hereto, shall be deemed to form and be read and construed as integral part of
this Contract and in case of any contradiction between or among them the
priority in which a document would prevail over other would be as laid down
below beginning from the highest priority to the lowest priority:
(a) Contract
(b) Terms of Reference
(c) Letter of Acceptance
(d) Instruction to Bidders
(e) The General Conditions of Contract (hereinafter referred to as “GCC”);
(f) Form for Bank Guarantee for Performance Security
2. The mutual rights and obligations of CIDCO and the Agency shall be as set
forth in the Contract; in particular:
(a) The Agency shall carry out the Services in accordance with the
provisions of the Contract; and
(b) CIDCO shall make payments to the Agency in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names as of the day and year first above written.
FOR AND ON BEHALF OF Witness
(CIDCO)
1. Signature
Name
Address
By
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Authorized Representative
2. Signature
Name
Address
FOR AND ON BEHALF OF Witness
(CONSULANT)
Witness
1. Signature
Name
Address
Name
Address
By Authorized Representative
1. Signature
Name
Address
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PART – IV
GENERAL CONDITIONS OF CONTRACT
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GENERAL CONDITIONS OF CONTRACT
CONTENTS
1. General Provisions
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authorized Representatives
1.9 Taxes and Duties
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract
2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition
2.7.2 No Breach of Contract
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension
2.9 Termination
2.9.1 by CIDCO
2.9.2 by the Agency
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2.9.3 Cessation of Rights and Obligations
2.9.4 Cessation of Services
2.9.5 Payment upon Termination
2.9.6 Disputes about Events of Termination
3. Obligation of the Agency
3.1 General
3.1.1 Standard of Performance
3.1.2 Law Governing Services
3.2 Conflict of Interests
3.2.1 Agency not to Benefit from Commissions, discounts, etc.
3.2.2 Agency and Affiliates not to be otherwise interested in Project.
3.2.3 Prohibition of Conflicting Activities.
3.3 Confidentiality.
3.4 Liability of the Agency.
3.5 Insurance to be taken out by the Agency.
3.6 Accounting, Inspection and Auditing
3.7 Agency’s Actions requiring CIDCO’s prior Approval
3.8 Reporting Obligations
3.9 Documents prepared by the Agency to be the Property of CIDCO.
3.10 Equipment and Materials furnished by CIDCO
3.11 Providing Access to the Project Office and Personnel.
4. Agency’s Personnel
4.1 General
4.2 Description of Personnel
4.3 Approval of Personnel
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and/or Replacement of Personnel
4.6 Resident Project Manager.
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5. Obligations of CIDCO
5.1 Assistance and Exemptions.
5.2 Access to Land.
5.3 Changes in the Applicable Law
5.4 Services, Facilities and Property of CIDCO
5.5 Payment
6. Payment to the Agency
6.1 Cost Estimates; Ceiling Amount
6.2 Currency of Payment
6.3 Mode of Billing and Payment
7. Responsibility for accuracy of the project document
7.1 General
7.2 Retention money
7.3 Penalty
7.4 Action for deficiency in services.
8. Fairness and Good Faith
8.1 Good Faith
8.2 Operation of the Contract
9. Settlement of Disputes
9.1 Amicable Settlement
9.2 Dispute Resolution
9.3 Conciliation
9.4 Arbitration
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GENERAL CONDITIONS OF CONTRACT
(GCC)
1. GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in
this Contract have the following meanings:
(a) "Applicable Law” means the laws and any other instruments having the force
of law in India as they may be issued and in force from time to time;
(b) "Contract" means the Agreement signed & executed by the Parties, to which
these General Conditions of Contract are attached, together with all the
documents listed in Clause 1 of such signed Agreement;
(c) "Effective Date" means the date on which this Contract comes into force and
effect pursuant to Clause GCC 2.1;
(d) "Expatriate currency” means any currency other than the currency of the
Government of India;
(e) "GCC" mean these General Conditions of Contract;
(f) "Government" means the Government of Maharashtra;
(g) "Resident currency" means the currency of the Government of India;
(h) “Member”, in case the Agency consists of a joint venture or consortium of
more than one entity, means any of these entities, and “Members” means all
of these entities; this term has relevance only in case of previous work
experience of the bidder(s), since for this project no JVs or consortiums are
allowed (as per the Notice inviting Proposal);
(i) "Personnel" means persons hired by the Agency, or by any of its Sub- Agencys,
as employees and assigned to the performance of the Services or any part
thereof; "Expatriate Personnel" means such persons who at the time of
being so hired had their domicile outside India; and "Resident Personnel"
means such persons who at the time of being so hired had their domicile
inside India;
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(j) "Party" means CIDCO or the Project Management & Implementation Agency,
as the case may be, and Parties means both of them;
(k) "Services" means the work to be performed by the Agency pursuant to this
Contract, as described in the Terms of Reference hereto;
(l) "SCC" means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
(m) "Sub-Agency" means any entity to which the Agencysubcontract any part
of the Services in accordance with the provisions of Clause GCC 3.7;
(n) "Third Party" means any person or entity other than the Government or
CIDCO, the Agencies or a Sub-Agency and their personnel;
(o) “HOD” means head of department of CIDCO.
(p) “CIDCO” means City & Industrial Development Corporation of Maharashtra
Limited
1.2 Relation between the Parties
Nothing contained herein shall be construed as establishing a
relation of master and servant or of agent and principal as between
the CIDCO and the Agency. The Agency, subject to this Contract, has
complete charge of Personnel performing the Services and shall be fully
responsible for the Services performed by them or on their behalf
hereunder The Agency, subject to this Contract, shall be fully
responsible for any and all claims / damages / compensations / losses
arising from the acts of commission or omission by them.
1.3 Law Governing the Contract
This Contract, its meaning and interpretation, and the relation between
the Parties shall be governed by all the Applicable Indian Laws.
1.4 Language
This Contract has been executed in the English language, which shall be
the binding and controlling language for all matters relating to the
meaning or interpretation of this Contract.
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1.5 Heading
The headings shall not limit, alter or affect the meaning of this
Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or
made pursuant to this Contract shall be in writing. Any such notice,
request or consent shall be deemed to have been given or made when
delivered in person to an authorized representative of the Party to
whom the communication is addressed, or when sent by registered
mail, e-mail, telex, telegram or facsimile to such Party at the address
specified in the SCC.
1.6.2 Notice will be deemed to be effective as following:
(i) In the case of personal delivery or registered mail, on delivery;
(ii) In case of Fax, on delivery and confirmation;
(iii) In case of e-mail, on delivery.
1.6.3 A party may change its address for notice hereunder by giving the
other Party notice of such change pursuant to the provisions listed
in the SCC with respect to Clause GCC 1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in
Letter of Acceptance and, where the location of a particular task
is not so specified, at any and all such locations as the CIDCO may
approve.
1.8 Authorized Representatives
Any action required or permitted to be taken, and any document
required or permitted to be executed, under this Contract by
CIDCO or the Agency shall be taken or executed by the officials
specified in the SCC.
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1.9 Taxes and Duties
Unless otherwise specified in the SCC, the Agency shall pay all
such taxes, duties, fees and other impositions as may be levied
under the Applicable Laws.
1.10 CIDCO's Representative(s)
For day to day monitoring of the consultancy service and
correspondence with the Agency under this Contract, CIDCO shall
appoint an official as specified in SCC. Such official will be responsible
for recommending payment, arranging meetings, receiving submittals
from Agency and coordinating and advising for approvals of CIDCO
wherever required as per this Contract. The Agency shall co-ordinate
with the EIC of the work.
2.0 COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION
OF CONTRACT
2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date of execution
of the agreement between CIDCO and the Agency and shall remain in
force till the completion of the assignment as included in the
agreement & the documents referred to therein. The agreement shall
be deemed to be terminated upon completion of the assignment, as
above, or upon sooner termination in accordance with the conditions
of the contract. However, all relevant contents shall survive the
terminated agreement to the extent they are necessary for the
technical & financial closures of the contract.
2.2 Deleted
2.3 Commencement of Services
The Agency shall commence the Services on or before the time and
date specified for such commencement specified in the SCC.
2.4 Deleted
2.5 Entire Agreement
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This Contract contains all covenants, stipulations and provisions agreed
by the Parties. No agent or representative of either Party has authority
to make, and the Parties shall not be bound by or be liable for,
any statement, representation, promise or agreement not set forth
herein.
2.6 Modification
Modification of the terms and conditions of this Contract, including any
modification of the scope of the Services, may only be made by written
revised agreement or addendums/modifications between the Parties.
2.7 Force Majeure
2.7.1 Definition
For the purposes of this Contract, "Force Majeure" means an event
which is beyond the reasonable control of a Party, and is not
substantially attributable to the other party, and which makes a Party's
performance of its obligations hereunder impossible or so impractical
as reasonably to be considered impossible in the circumstances, and
includes, but is not limited to, war, riots, civil disorder, earthquake,
fire, explosion, storm, flood or other adverse weather conditions,
strikes, lockouts or other industrial action (except where such strikes,
lockouts or other industrial action are within the power of the Party
invoking Force Majeure to prevent), confiscation or any other action by
government agencies.
2.7.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations hereunder shall not
be considered to be a breach of, or default under, this Contract insofar
as such inability arises from an event of Force Majeure, provided
that the Party affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with
the objective of carrying out the terms and conditions of this
Contract.
2.7.3 Measures to be taken
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(a) A party affected by an event of Force Majeure shall take all
reasonable measures to remove such Party's inability to fulfill its
obligations hereunder with a minimum of delay.
(b) A party affected by an event of Force Majeure shall notify the other
Party of such event as soon as possible, and in any event not later than
fourteen (14) days following the occurrence of such event,
providing evidence of the nature and cause of such event, and shall
similarly give notice of the restoration of normal conditions as soon as
possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
2.7.4 Extension of Time
Any period within which a Party shall, pursuant to this Contract,
complete any action or task, shall be extended for a period equal to the
time during which such Party was unable to perform such action
as a result of Force Majeure.
2.7.5 Action if Force Majeure persists – termination
In case of such Force Majeure persisting beyond a period of 60 days
from its occurrence, CIDCO may, at its sole discretion, terminate the
agreement, giving the Agency 30 days’ notice. Upon receipt of such
notice:
a) Agency shall demobilize its establishment and its key personnel at the
end of such notice period
b) CIDCO shall clear all dues, if payment is due to the Agency, for the
period ending simultaneously with the Notice Period.
2.7.6 Action if Force Majeure persists –bare establishment & skeletal key
personnel
However, if CIDCO decides to keep the agreement alive even after the
period of 60 days has elapsed, then it shall instruct the Agency to
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maintain its establishment, at a level as instructed by CIDCO, and man
it with skeletal staff as instructed by CIDCO, costs of such establishment
& key personnel shall be paid to the Agency by CIDCO at the rates
available and applicable as per those provided in the agreement till the
period either the Force Majeure persists or till such time CIDCO desires
that this arrangement should go on, whichever is earlier. During the
period of persistence of the Force Majeure, if CIDCO decided to
discontinue with the services of the Agency, it shall do so by giving a 30
days’ notice with actions in accordance with 2.7.5 a) & b).
Upon removal of the Force Majeure during the period CIDCO has
instructed the Agency to maintain; the Agency shall, within a period of
30 days from the date of such removal of Force Majeure, remobilize its
establishment & strength of key personnel to the level it existed prior
to the occurrence of the Force Majeure.
2.8 Suspension of Services of Agency
2.8.1 CIDCO may suspend the performance of any or all of the Services by
giving at least 15 days’ notice to the Agency in writing.
2.8.2 In the event of suspension, CIDCO, within 30 (thirty) days from the date
of such suspension, shall be liable to pay the following:
2.8.2.1 All fees, amounts and charges in full for that particular stage at which
the suspension notice is given; and
2.8.2.2 All fees, amounts, charges outstanding for all earlier stages of work
2.9 Termination
2.9.1 By CIDCO due to error/commission/omission/negligence/failure of
Agency
CIDCO may, by not less than thirty (30) days' written notice of
termination to the Agency such notice to be given after the
occurrence of any of the events specified in paragraphs (a) through
(f) of this Clause 2.9.1, terminate this Contract:
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(a) if the Agency fails to remedy any breach hereof or any failure in the
performance of their obligations hereunder, as specified in a notice
of such breach or failure, within thirty (30) days of receipt of such
notice or within such further period as CIDCO may have subsequently
approved in writing;
(b) if the Agency becomes insolvent or bankrupt or enter into any
agreements with their creditors for relief of debt or take advantage of
any law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;
(c) If the Agency fails to comply with any final decision reached as a result
of arbitration proceedings pursuant to Clause 9 hereof;
(d) if the Agency has submitted/submits to CIDCO a statement which
has a material effect on the rights, obligations or interests of
CIDCO and which the Agency knew or knows to be false;
(e) if the Agency, including its personnel and sub-Agencies, suffer from a
systemic failure in providing services or provide incomplete,
inadequate, sub-standard services to CIDCO or
(f) if any document, information, data or statements submitted by
the Agency in its Proposals, based on which the Agency was
considered Eligible or successful or has been issued the LOA, is
found to be false, incorrect or misleading to the extent that had the
true or correct information or data been available with CIDCO, the
Agency would have been ineligible or unsuccessful;
Upon such termination by CIDCO, subsequent & consequent to reasons
(a) to (f) above:
i) A penalty of 10% of the average annual quoted total cost (Cost D, Form
II of Financial Proposal to be divided by 5) shall be levied upon the
Agency by CIDCO and CIDCO shall be fully entitled to en-cash the PBG
forthwith;
ii) CIDCO shall determine the net amount due to/recoverable from the
Agency by:
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i. Determining professional fees payable for period during which the
performance of the Agency was satisfactory
ii. Less deductions/recoveries as per the contract
iii. Less penalty as per i) above
iii) The net amount, if due to the Agency, it will be paid by CIDCO within 45
days of such determination or shall be recovered from the Agency, if
due from the Agency. CIDCO shall recover it from payments otherwise
due to the Agency under any other contract the Agency is engaged in
with CIDCO as an individual or entity or as part of any JV or Consortium
or, if no payment is due, the amount shall be a debt due and shall be
recovered by way of any and all legal recourses available to CIDCO.
2.9.2 By CIDCO for its convenience or exigencies:
if CIDCO, at its sole discretion and for any reason whatsoever,
decides to terminate this Contract; for reasons not contained in 2.9.1
(a) to (g) above, then CIDCO by a written notice of not less than sixty
(60) days) terminate the contract and determine the net amount
payable to/recoverable from the Agency, as under:
(i) Add remuneration pursuant to Clause 6 hereof for Services
satisfactorily performed till the end of the Notice Period, in accordance
with the provisions of this contract;
(ii) Deduct amount due/recoverable from the Agency as per the
requirements of this contract;
If CIDCO determines that a sum is payable to the Agency, it shall pay
the Agency within 45 days of such determination. If CIDCO determines
that a sum is due from the Contractor and payable to CIDCO, CIDCO
shall recover it from payments otherwise due to the Agency under any
other contract the Agency is engaged in with CIDCO as an individual or
entity or as part of any JV or Consortium or, if no payment is due, the
amount shall be a debt due and shall be recovered by way of any and
all legal recourses available to CIDCO.
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Upon technical & financial closure of the contract, in this case, CIDCO
shall release the PBG of the Agency within 15 days of the last of such
contact closures.
2.9.3 by the Agency
The Agency may, by not less than thirty (30) day's written notice to
CIDCO, terminate this Contract if CIDCO fails to pay any money due to
the Agency pursuant to this Contract and within specified periods as
per this contract; however if CIDCO remedies the failure within the
notice period the notice of termination by the Agency shall thereafter
stand annulled and ineffective. The Agency shall not have any rights to
seek to terminate this contract for any other reason.
2.9.4 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clause 2.9 hereof all
rights and obligations of the Parties hereunder shall cease, except (i)
such rights and obligations as may have accrued on the date
of termination or expiration, (ii) the obligation of confidentiality
set forth in Clause 3.3 hereof, (iii) the Agency's obligation to
permit inspection, copying and auditing of their accounts and records
set forth in Clause 3.6 (ii) hereof, and any right which a Party may have
under the Applicable Law.
2.9.5 Cessation of Services
Upon termination of this Contract by notice of either Party to the
other, the Agency shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a
prompt and orderly manner. With respect to documents prepared by
the Agency and equipment and materials furnished by CIDCO, the
Agency shall proceed as provided, respectively, by Clauses 3.9 or 3.10
hereof.
3. OBLIGATIONS OF THE AGENCY
3.1 General
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3.1.1 Standard of Performance
The Agency shall perform the Services and carry out their
obligations hereunder with all due diligence, efficiency and
economy, in accordance with generally prevalent & accepted
professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced
technology and safe and effective equipment, machinery, materials
and methods. The Agency shall always act, in respect of any matter
relating to this Contract or to the Services, as faithful advisers to &
execution personnel for CIDCO, and shall at all times support and
safeguard all of CIDCO's legitimate interests in any dealings with Sub-
Agencys or Third Parties.
3.2 Conflict of Interests
3.2.1 Agency not to Benefit from Commissions, Discounts, etc.
The remuneration of the Agency pursuant to Clause 6 hereof shall
constitute the Agency's sole remuneration in connection with this
Contract for the Services provided and the Agency shall not accept for
their own benefit any trade commission, discount or similar payment
in connection with activities pursuant to this Contract or to the
services or in the Discharge of their obligations hereunder, and the
Agency shall use its best efforts to ensure that any Sub-Agency, as well
as the Personnel and agents of either of them, similarly shall not
receive any such additional remuneration.
3.2.2 Agency and Affiliates not to be otherwise interested in Project
The Agency agrees that, during the term of this Contract and
after its termination, the Agency and any entity affiliated with the
Agency, as well as any Sub-Agency and any entity affiliated with such
Sub-Agency, shall be disqualified from providing goods, works or
services (other than providing the Services and any continuations
thereof) for any project resulting from or related to the Services.
3.2.3 Prohibition of Conflicting Activities
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Neither the Agency nor their Sub-Agencies nor the Personnel of either
of them shall engage, either directly or indirectly, in any of the
following activities:
(a) during the term of this Contract, any business or professional
activities in India which would conflict with the activities assigned to
them under this Contract; or
(b) after the termination of this Contract, such other activities and for such
periods as may be specified in the SCC.
3.3 Confidentiality
The Agency, its Sub-Agencies and the Personnel of either of them
shall not, either during the term or after the expiration or termination
of this Contract, disclose any proprietary information, including
information relating to reports, data, drawings, designs software or
other material, whether written or oral, in electronic or magnetic
format, and the contents thereof; and any reports, digests or
summaries created or derived from any of the foregoing that is
provided by CIDCO to the Agency, its Sub-Agencies and the
Personnel; any information provided by or relating to CIDCO, its
technology, technical processes, business affairs or finances or any
information relating to CIDCO's employees, directors, officers or other
professionals or suppliers, customers, or contractors of CIDCO, and any
other information which the Agency is under an obligation to
keep confidential in relation to the Project, the Services, this Contract
("Confidential Information") without the prior written consent of
CIDCO.
Notwithstanding the aforesaid, the Agency, its Sub-Agencies and the
Personnel of either of them may disclose Confidential Information to
the extent that such Confidential Information:
(i) was in the public domain prior to its delivery to the Agency, its Sub-
Agencies and the Personnel of either of them or becomes a part of
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the public knowledge from a source other than the Agency, its
Sub-Agencies and the Personnel of either of them;
(ii) Was obtained from a third party with no known duty to maintain its
confidentiality;
(iii) is required to be disclosed by Law or judicial or administrative or
arbitral process or by any Governmental Instrumentalities, provided
that for any such disclosure, the Agency, its Sub-Agencies and the
Personnel of either of them shall give CIDCO, prompt written
notice, and use reasonable efforts to ensure that such disclosure is
accorded confidential treatment and is strictly to the extent required;
(iv) is provided to the professional advisors, agents, auditors or
representatives of the Agency or its Sub-Agencies or Personnel of
either of them, as is reasonable under the circumstances;
provided, however, that the Agency or its Sub-Agencies or
Personnel of either of them, as the case may be, shall require their
professional advisors, agents, auditors or its representatives, to
undertake in writing to keep such Confidential Information,
confidential and shall use its best efforts to ensure compliance with
such undertaking.
3.4 Limitation of Liability of the Agency
The Agency' liability under this Contract shall be limited to the
provisions of the SCC.
3.5 Insurance to be taken out by the Agency
The Agency:
(i) shall take out and maintain, and shall cause any Sub-Agency to
take out and maintain, at its (or the Sub-Agency's, as the case may
be) own cost but on terms and conditions approved by CIDCO,
insurance against the risks, and for the coverage, as shall be specified
in the Special Conditions (SCC), with an objective of providing complete
professional indemnity to CIDCO
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(ii) within 15 (fifteen) days of receiving any insurance policy certificate in
respect of insurances required to be obtained and maintained under
the this clause, shall furnish to CIDCO, copies of such policy
certificates, copies of the insurance policies and evidence that the
insurance premiums have been paid in respect of such insurance. No
insurance shall be cancelled, modified or allowed to expire or lapse
during the terms of this Contract
The insurance policies so procured shall mention CIDCO as the sole
beneficiary of the insured amounts and the Agency shall procure an
undertaking from the insurance company in this regard.
If the Agency fails to effect and keep in force the aforesaid
insurances for which it is responsible pursuant hereto, CIDCO shall, in
addition to the having other recourse available under this Contract,
have the option to take out the aforesaid insurance, to keep in force
any such insurances, and pay such premiums and recover the
costs thereof from the Agency, along with a penalty of 100% of the
amount of such premiums paid, and the Agency shall be liable to pay
such amounts on demand by CIDCO.
3.6 Accounting, Inspection and Auditing
The Agency (i) shall keep accurate and systematic accounts and records
in respect of the Services hereunder, in accordance with
internationally accepted accounting principles and in such form and
detail as will clearly identify all relevant time charges and cost, and the
bases thereof (including the bases of the Agency's costs and
charges), and (ii) shall permit CIDCO or its designated representative
periodically, and up to one year from the expiration or termination of
this Contact, to inspect the same and make copies thereof as well as to
have them audited by auditors appointed by CIDCO.
3.7 Agency's Actions requiring CIDCO's prior Approval
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The Agency shall obtain CIDCO’s prior approval in writing before taking
any of the following actions:
(a) appointing such members of the Personnel as are not listed in
Appendices;
(b) entering into a subcontract for the performance of any part of the
Services, it being understood (i) that the selection of the Sub-Agency
and the terms and conditions of the subcontract shall have been
approved in writing by CIDCO prior to the execution of the subcontract,
and (ii) that the Agency shall remain fully liable for the performance
of the Services by the Sub-Agency and its Personnel pursuant to this
Contract;
(c) Any other action that may be specified in the SCC.
3.8 Reporting Obligations
The Agency shall submit to CIDCO the reports and documents specified
in the Terms of Reference and Appendices of the Contract, in the form,
in the numbers and within the time periods set forth therein.
3.9 Documents prepared by the Agency to be the Property of CIDCO
All plans, drawings, specifications, designs, reports and other
documents prepared by the Agency in performing the Services
shall become and remain the property of CIDCO, and the Agency
shall, not later than upon termination or expiration of this Contract,
deliver all such documents to CIDCO, together with a detailed
inventory thereof. The Agency may retain a copy of such documents.
Restrictions about the use of these documents shall be as specified in
the confidentiality clause and as in the SCC.
3.10 Equipment, Documents and Materials furnished by CIDCO
Equipment, Documents and materials made available to the Agency by
CIDCO, or purchased by the Agency with funds provided by CIDCO, shall
be the property of CIDCO and shall be marked accordingly. Upon
termination or expiration of this Contract, the Agency shall make
available to CIDCO an inventory of such equipment and materials
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and shall dispose of such equipment and materials in accordance with
CIDCO's instructions. While in possession of such equipment and
materials, the Agency, unless otherwise instructed by CIDCO in writing,
shall insure them in an amount equal to their full replacement value.
3.11 Providing Access to Project Office and Personnel
Agency shall ensure that CIDCO, and its Authorized Representatives,
CIDCO's Representative and any other Official of CIDCO having such an
authority from CIDCO is provided unrestricted access to the Project
Office and all Agency's Personnel working there under this Contract
during the office working hours. CIDCO's any such official shall have full
right to inspect the works in progress, interact with Agency’s personnel
and verify the records for his satisfaction. Agency shall keep apprised all
his personnel all the time about this obligation so that they provide due
regard and assist CIDCO's official in discharging his duty.
4.0 AGENCY'S PERSONNEL AND SUB-AGENCYS
4.1 General
The Agency shall employ and provide such qualified and experienced
Personnel as are required to carry out the Services.
4.2 Description of Personnel
a) The Titles, agreed job descriptions, minimum qualification and
estimated periods of engagement in carrying out the Services of each
of the Agency’s Personnel are described in Appendices of the Contract.
b) If additional work is required beyond the scope of the Services specified
in the Terms of Reference, the numbers and periods of engagement of
personnel may be increased by mutual agreement in writing between
CIDCO and the Agency.
4.3 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Personnel are set forth in
Appendices of Contract.
(b) The Key Personnel shall not be entitled to be paid for overtime
nor to take paid sick leave or vacation leave. The Agency's
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remuneration shall be deemed to cover these items. All leave to be
allowed to the Personnel is included in the scope of services. Any taking
of leave by Personnel on account of unforeseen circumstances shall be
subject to the prior approval of the CIDCO and the Agency shall ensure
that absence for leave purposes will not delay the progress or affect
the standard of the Services.
4.4 Removal and/or Replacement of Personnel
a) Shall be as per the clause 2.2 & 8.0 of the TOR.
b) If CIDCO (i) finds any of the personnel has committed serious
misconduct or has been charged with having committed a criminal
action, or (ii) has reasonable cause to be dissatisfied with the
performance of any of personnel, then the Agencies shall, at CIDCO’S
written instructions, forthwith provide as a replacement personnel with
qualifications and experience as per the provisions of Clause 2.2 & 8.0
of the TOR, with no cost implication.
4.5 Sub- Agency
a) The Agency may be asked to deploy additional sub- Agency for carrying
out the survey and investigations (against reimbursable cost element)
b) Change of any existing sub-Agency shall be with the prior approval of
CIDCO. The Agency shall submit the details of such firm in the form
provided in the Appendices of the contract to CIDCO for approval.
Deployment of any Professional personnel from such Sub-Agencies
shall also be subject to the approval of CIDCO and as per the provisions
of clause 2.2 & 8.0 of the TOR. Agency is not allowed to sub-contract
any part of services in an area of expertise for which the Agency firm or
Member firms were evaluated as part of the selection process of the
Agency.
5.1 Access to Site
CIDCO shall normally ensure that the Agency shall have, free of charge,
unimpeded access to site in respect of which access is required for the
performance of the Services. However, protection of establishment and
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its personnel and its sub-Agencies personnel shall be the entire
responsibility of the Agency.
5.2 Changes in the Applicable Laws
If, after the date of this Contract, there is any change in the Applicable
Law with respect to taxes and duties which increases or decreases
the payments to be made to or recovered from the Agency, in
performing the Services, shall be adjusted accordingly.
6.0 Final bill & payment to the Agency
a) The final payment under this Clause shall be made only after the
final report and a final statement, identified as such, shall have been
submitted by the Agency and approved as satisfactory by CIDCO
Representative.
b) The Services shall be deemed completed and finally accepted by
CIDCO and the final report and final statement shall be deemed
approved by CIDCO as satisfactory ninety (90) calendar days after
receipt of the final report and final statement by CIDCO unless
CIDCO within such ninety (90) day period, gives written notice to
the Agency specifying in detail deficiencies in the Services, the final
report or final statement.
c) The Agency shall thereupon promptly make any necessary
corrections, and upon completion of such corrections, the foregoing
process shall be repeated. Any amount which CIDCO has paid or
caused to be paid in accordance with this Clause in excess of the
amounts actually payable in accordance with the provisions of this
Contract shall be reimbursed by the Agency to CIDCO within thirty (30)
days after receipt by the Agency of notice thereof. Any such
claim by CIDCO for reimbursement must be made within twelve
(12) calendar months after receipt by CIDCO of a final report and a
final statement approved by CIDCO in accordance with the above.
d) All payments under this Contract shall be made to the account of the
Agency specified in the SCC.
7. RESPONSIBILITY FOR ACCURACY OF PROJECT DOCUMENTS
7.1 General
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The Agency shall be responsible for accuracy of the data collected, by
him directly or procured from other agencies/authorities, the designs,
drawings, estimates and all other details prepared by him as part of
these services. He shall indemnify CIDCO against any inaccuracy in the
work which might surface during implementation of the project. The
Agency will also be responsible for correcting, at his own cost and risk,
the drawings including any re-survey / investigations and correcting
layout etc. if required during the execution of the Services.
7.1.2 The Agency shall be fully responsible for the accuracy of plan, design
and drawings of the airport. All the designs and drawings for airport
including all their components shall be fully checked by a CIDCO's
representative.
7.1.3 The survey points, if established by the Agency, on the site shall be
protected by the Agency with the assistance of CIDCO till the
completion of the Consultancy Services.
7.2 Action for Deficiency in Services
7.2.1 Agency's liability towards CIDCO
Agency shall be liable to indemnify CIDCO for any direct loss or
damage to the extent of his services accrued or likely to accrue due to
deficiency in service rendered by him.
7.2.2 Warning / Debarring
Warning may be issued to the erring Agency for minor deficiencies. In
the case of major deficiencies in the documents, report causing adverse
effect on reputation of CIDCO, other penal action including debarring
for certain period may also be initiated as per policy of CIDCO.
8.0 FAIRNESS AND GOOD FAITH
8.1 Good Faith
The Parties undertake to act in good faith with respect to each other's
rights under this Contract and to adopt all reasonable measures to
ensure the realization of the objectives of this Contract.
8.2 Operation of the Contract
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The Parties recognize that it is impractical in this Contract to
provide for every contingency which may arise during the life of the
Contract, and the Parties hereby agree that it is their intention that this
Contract shall operate fairly as between them, and without
detriment to the interest of either of them, and that, if during the
term of this Contract either Party believes that this Contract is
operating unfairly, the Parties will use their best efforts to agree on
such action as may be necessary to remove the cause or causes of such
unfairness, but no failure to agree on any action pursuant to this
Clause shall give rise to a dispute.
9.0 SETTLEMENT OF DISPUTES
9.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Contract or the interpretation
thereof.
9.2 Dispute resolution
a) Any dispute, difference or controversy of whatever nature howsoever
arising under or out of or in relation to this Contract (including its
interpretation) between the Parties, and so notified in writing by
either Party to the other Party (the "Dispute") shall, in the first
instance, be attempted to be resolved amicably in accordance with
the conciliation procedure set forth in Clause 9.3.
b) The Parties agree to use their best efforts for resolving all Disputes
arising under or in respect of this Contract promptly, equitably and in
good faith, and further agree to provide each other with
reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any Dispute.
9.3 Conciliation
In the event of any Dispute between the Parties, either Party may call
upon VC&MD, CIDCO and the Agencies for amicable settlement, and
upon such reference, the said persons shall meet no later than 15
(fifteen) days from the date of reference to discuss and attempt to
amicably resolve the Dispute. If such meeting does not take place
within the 30 (thirty) day period or the Dispute is not amicably
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settled within 45 (forty five) days, or such longer period as may be
mutually agreed by the Parties, of the meeting either Party may refer
the Dispute to arbitration in accordance with the provisions of
Clause 9.4.
9.4 Arbitration
9.4.1 Any Dispute which is not resolved amicably by conciliation, as provided
in Clause 9.3, shall be finally decided by reference to arbitration. Such
arbitration shall be held in accordance with Arbitration Act, 1996 (the
"Rules") and shall be subject to the provisions of the Arbitration and
Conciliation Act. The seat of such arbitration shall be Navi Mumbai,
and the language of arbitration proceedings shall be English.
9.4.5 This Agreement and the rights and obligations of the Parties shall
remain in full force and effect, pending the Award in any
arbitration proceedings hereunder.
(Signature)
Authorized Signatory
Bidders Name & Seal
SR. PRO
Date :
78
PROFORMA AGREEING TO
GENERAL CONDITIONS OF CONTRACT
1. I/we have read and understood the said General Conditions of Contractwith
the forms and TOR and my/our signature/s hereunderamounts to my/our
having signed the above referred General Conditionsof contract as forming
part of this contract.
This is to confirm that I have read all the General Condition of the contract
andunderstood the same.
(Signature)
Authorized Signatory
Bidders Name & Seal
Sr. Public Relations Officer
Date :
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PART – V
TERMS OF REFERENCE
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TERMS OF REFERENCE
1.0. Purpose / Intent for BID
The purpose of this BID is to appoint a travel agency for booking of Air Tickets
(International/Domestic)/ Train Tickets/Hotels/ Vehicles and other related
services as per the requirements of CIDCO Ltd.
2.0. Contract Period
The Travel agency contract is for 3 years (36 Months) from the date of award
of contract. The rate quoted will remain same for 3 years period.
3.0 Other Conditions
a) All prices, taxes and other information like discounts, etc. having a
bearing on the price shall be written both in figures and words in the
prescribed form. Where there is a difference between amounts quoted
in words and figures, the amounts quoted in words shall prevail. The
Excise Duty, Sales Tax, WCT or any other Govt. duties etc. as applicable
should be quoted separately, failing which, CIDCO shall have no liability
to pay these charges and the liability shall be that of the tenderer.
b) Each page of the offer shall be numbered and bear the signature of the
tenderer at the bottom. All offers shall be either typewritten or written
neatly in indelible ink. Any corrections should be properly
authenticated.
c) A copy of Income Tax Return filed with Income Tax Office for the last
three assessment years along with technical bid form should be
attached.
d) The details of current /previous clients are to be submitted as per the
following format:
i) Details of Major Current clients (Minimum 3)
� Name of the company /organization /office
� Contact person with telephone number and Email IDs
� Contract Period
� Copy of contract/agreement/experience certificate to be
enclosed
ii) Details of Major Previous clients (Minimum 3)
� Name of the company /organization /office
� Contact person with telephone number and Email IDs
� Contract Period
� Copy of contract/agreement/experience certificate to be
enclosed
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e) The travel agency will be responsible for compliance with all Central
and State laws as per rules/regulations/by laws and order of the local
authorities and statutory bodies as may be in force from time to time
during the contract period.
f) The travel agency shall not assign the contract or any part thereof
without the prior written consent /approval of the Institute. The travel
agency shall also not sublet the work or part of the work except with
the written consent of the Institute and such consent even if provided
shall not relieve the travel agent from any liability or any obligation
under the contract.
g) Acceptance of tender will be intimated to the successful tenderer
through a letter of intent (LOI) duly signed by the authorized signatory
of the Institute. The successful tenderer is required to execute the
agreement on a non judicial stamp paper within the time specified in
the LOI.
h) The offer shall be valid for a minimum period of three months from the
date of opening of technical bid.
i) The quoted rates should be inclusive of all taxes (including service tax)
related to the above mentioned scope of work.
j) If the registration certificate of IATA is withdrawn or cancelled during
the contract period, then the contracts of the agency will automatically
stands cancelled.
k) The losses to the Institute which are directly attributable to the agency
shall be deducted from the bills /adjusted from the security deposit.
l) The travel agency should have Computer Reservation Ticketing facility
of all airlines for domestic and international travel and providing on
line booking facility for the same to the Institute.
m) The travel agency will have to submit a formatted monthly statement
of bills raised showing discount provided to the Institute. In addition to
the above, the statement should also include the amount of expenses
on ticket booking airline wise/ domestic/international /railway.
n) CIDCO reserves the right to reject or accept any or all application(s)
without assigning any reasons and to restrict the list of pre-qualified
agencies to any number deemed suitable by it, if too many
tenderers/bidders are received satisfying the eligibility criteria.
o) Selection of a Preferred Bidder: The Travel Agency with the Lowest
Total Score will be selected as a Preferred Bidder.
p) Payment Schedule:After the work has been completed the bill for the
work in duplicate copy prepared on the basis of the accepted rates be
submitted to CIDCO for necessary action together with
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1. Statement of booked/Cancelled Tickets and vouchers
2. Copy of all tickets and vouchers
3. Other documents in support of the items charged for in the bill.
4.0 Price variation clause is not applicable to this contract.
5.0 Default:-
The Agency will complete each and every assignment in reasonable
time frame and in professional manner. Failure to carry out any
assignment within reasonable time frame and /or professional manner
will be considered as default.. One percent of monthly payment will be
deducted for each default subject to maximum five percent such
deduction.
6.0 Reimbursement of taxes and duties
(i) a. All tendered rates shall be inclusive of all taxes and levies payable
underrespective statutes. However, if any new tax or levy is imposed
byCentral/State Government/Local body, after the date of submission
oftenders for the Contract including extensions if any, the Contractor
shallbe reimbursed, subject to compliance of provisions of paragraphs
(ii) and(iii) of this Sub-clause.
b. Any increase or decrease in Service tax or other taxes shall be
reimbursed toor recovered from the Contractor, subject to compliance
of provisions ofparagraphs (ii) and (iii) of this Sub-clause.
(ii) The Contractor shall be reimbursed against proof of payment, the
amountso paid, provided such payments, if any, is not, in the opinion of
theEmployer attributable to delay in execution of work within the control
ofthe Contractor. The Contractor shall keep necessary books of
accountsand other documents for the purpose of this condition as may
benecessary and shall allow inspection of the same by a duly
authorizedrepresentative of the Employer and shall furnish such
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otherinformation/document as the Employer may require from time to
time.
(iii) The Contractor shall, with in a period of 30 days of the imposition of
anynew tax or levy or of changes in existing structure of taxes or
leviesmentioned in paragraph (i), give a written notice thereof to the
Engineerthat the same is given pursuant to this condition, together with
allnecessary information relating thereto.
(Signature)
Authorized Signatory
Bidders Name & Seal
Sr. Public Relations Officer
Date :