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ENGINEERING PROJECTS (INDIA) LTD. (A Govt. of India Enterprise)

Tender No. DLI/ITD/TDR/002 Date: 28.07.2020

NOTICE INVITING e-TENDER (NIT)

UNIT-1 EPI invites E-Tender for the following service from the eligible solution providers/contractors/firms who fulfills the eligibility criteria, in single stage two bid system (Technical bid & Price bid) for the following service: - Tender for "Formulation and Implementation of Risk Management Policy" to be implemented at Corporate Office (CO) at New Delhi, all Regional Offices and related Site Offices.

UNIT-2

Sl. No.

Description Details

1. Tender No DLI/ITD/TDR/002

2. Tender Type Open Tender (e-tender)

3. About EPI Refer Unit - 4

4. Name of Work "Formulation and Implementation of Risk Management Policy" to be Implemented at Corporate Office (CO) at New Delhi and all Regional Offices and related Site Offices

5. Estimated Cost Rs.7,00,000.00 Rupees Seven Lacs Only. (Excluding GST)

6. Contract period of the Work 4 Months (Four Months)

7. Cost of Tender document Rs.1180 /- including GST (Non-refundable) in the form of crossed demand draft from any nationalized/scheduled Bank in favour of ‘Engineering Projects (India) Ltd’, payable at New Delhi.

8. Publishing Date of the Tender 28.07.2020 at 06:00 pm

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9. Earnest Money Deposit Refundable EMD of 14,000- (Rupees Fourteen Thousand only) in the form of crossed demand Draft from any nationalized/scheduled Bank in favour of ‘Engineering Projects (India) Ltd’, payable at New Delhi.

10. Address for submission of Tender document

Executive Director (IT) Engineering Projects (India) Ltd, 3rd floor, Core 3, Scope Complex, 7, Lodhi Road, New Delhi – 110003, Ph: 011- 24361666, 011- 24365012 Fax: 011 - 24363426 E-mail:it-tender@engineeringprojects.com

11. Last date of Procurement of tender document.

19.08.2020 at 11:00 AM

12. Last date and time for Submission of Tenders

19.08.2020 at 11:00 AM

13. Last date and time for Submission of Pre-Bid queries trough mail Id. "it-tender@engineeringprojcts.com"

04.08.2020

14. Bid Opening (Techno-Commercial)

19.08.2020 at 11:30 AM

15. Bid Opening (Price) Will be informed to the technically qualified bidders separately.

Please note carefully the Instructions for bidders, the requirements for submitting Tenders and the date and time for submittal. The Tenders must be received in the office of EPI not later than the specified date and time. Tenders received after the due date and time or those which are incomplete are liable to be rejected. Further, corrigendum/ addendum, if any, issued to the tender document, shall also be published on the website. It is the bidder’s responsibility to submit the completed tender document taking into account all addenda/corrigenda issued. EPI reserves the right to accept or reject any or all Tenders received or annul this Tender process at its absolute discretion without assigning any reason whatsoever. The Price bid of those bidders whose bid has been technically accepted on the basis of documents submitted shall be opened with prior intimation to them. However, it is made clear that the offer of the L-1 (Lowest Bidder) bidder shall be accepted subject to the confirmation of the authenticity of the PQ documents/BG from the concerned department/Bank. The detailed description, Scope of work, Qualification/ Eligibility Criteria, instructions to bidders etc. is as follows: -

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UNIT-3 1. PREQUALIFICATION CRITERIA

S. No.

Parameters Supporting Document Required

(Documentary evidence to be submitted along

with Technical Bid)

1.

The bidder should be registered company in India. CIN or MCA Copy (Self-certified) to be

submitted

2. The bidder should have average annual turnover of at least 50% of Estimated Cost during last three years ending 31.03.2019 in similar work [Risk Management Policy Formulation/ Implementation/ Advisory Related to Risk Management].

Chartered Accountant certificate showing

average annual turnover of three

consecutive years to be enclosed.

May submit as on 31.03.2020 if Balance sheet for the FY.2019-

2020 is completed.

3. The bidder should have formulated & implemented at least 1 Risk Management Policy / Risk Advisory of value not less than 80% of Estimated Cost.

OR The bidder should have formulated & implemented at least 2 Risk Management Policy / Risk Advisory of each value not less than 60% of Estimated Cost.

OR The bidder should have formulated & implemented at least 3 Risk Management Policy / Risk Advisory of each value not less than 40% of Estimated Cost.

For Evaluation purpose, completion cost mentioned in the Completion Certificate shall be enhanced by the 7% per annum, till the end of the month prior to date of NIT

The bidders should submit the supporting

work order / Completion Certificate copies for the

last 3 (three) years ending 31.03.2019.

4. Should not have incurred any losses in more than two years during the immediate last five consecutive financial years ending 31.03.2019. (May submit as on 31.03.2020 if Balance sheet for the FY.2019-2020 is completed)

Copies of Annual report including balance sheet and statement of profit

& loss / Chartered Accountant certificate to

be submitted

5. Should have worked with at-least 5 Govt./PSUs for various Consulting assignments in last 5 years

Work Orders should be submitted

6. Should have worked in area of Risk management for at least 1 Central PSUs

Relevant Copy of Work Orders to be submitted

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7. Bidder should have valid ISO 9001 certificate. (Attach copy of certificate)

8. The bidder should not have been blacklisted in any of the Central or State Government departments including PSU’s.

(Attach Undertaking)

9. The bidder should have registration under GST& should have valid GSTIN number.

(Attach copy of certificate)

10. Should have valid Permanent Account Number of Income Tax (Copy of PAN to be enclosed).

(Attach Copy)

11. Should have its office in Delhi/NCR. Copy of Address proof to be given.

Or Undertaking to be

submitted for opening of office.

12. Bidders have to submit the signed and stamped tender documents (NIT, Unpriced Bid, Annexures - A, B, C) in required formats. * Annexure-C should be submitted in original as well, Alternatively they can send Annexure-C (Affidavit) at email id: "it-tender@engineeringprojects.com", before closing date and time of tender.

(Documents to be Uploaded)

In addition "Annexure-C" should be submitted

in original.

13. Bidders have to submit confirmation letter whether they are registered under MSME Act or not and if yes, then relevant copies of MSME Certificate or the registration letter (Registered under single point registration scheme of NSIC, Govt. of India, Ministry of MSME, New Delhi vide Gazette Notification dated 26.03.2012 along with the form of Memorandum-2 with the concerned DIC) to be enclosed in Technical Bid and a request letter for exemption from submission of Tender fee and EMD.

(Attach Copy)

14. Tender fee, EMD (In original), MSME/NSIC certificate as per the PQ if bidder is claiming EMD/Tender fee exemption to be submitted in physical form at the address given at Unit 7 Clause No. 28, before last date and time of online bid submission * Alternatively MSME can send their MSME certificates at email id: "it-tender@engineeringprojects.com", before closing date and time of tender.

(Attach Copy)

1.1 The experience certificates issued by Government Organizations / Semi

Government Organizations / State Government Public Works Department / Central Government / Public Sector Undertakings / Autonomous Bodies / Municipal Bodies / Public Limited Companies listed on BSE / NSE and private party shall be accepted for assessing the eligibility of the tenderer. However, the certificates issued by Public Limited Company & Private Party must be supported by work order & TDS certificates for completed work.

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1.2 Tender documents comprising of the following are available for download/Procure and submit only on MSTC portal http: // www.mstcecommerce.com/eprochome/EPIL and available for reference on the websites of EPI: www.engineeringprojects.com & CPP Portal: www.eprocure.gov.in

(i) Notice Inviting Tender, Annexure A, B, & C. (ii) Price Bid /Bill of Quantity.

1.3 In order to participate, the bidder should have Digital Signature Certificate (DSC)

from one of the authorized Certifying Authorities. 1.4 Interested bidders have to necessarily register themselves on the portal

http://www.mstcecommerce.com/eprochome/EPIL through M/s MSTC Ltd., Kolkata to participate in the bidding under this invitation for bids. It shall be the sole responsibility of the interested bidders to get themselves registered at the aforesaid portal for which they are required to contact M/s MSTC Ltd., Kolkata at following address to complete the registration formalities:

M/s MSTC Ltd., Registered office at 225-C, Acharya Jagdish Chandra Bose Road, Kolkata – 700020 Phone Number: 03322901004, 01123212357, 01123215163, 01123217850 Email: - mstcnro@mstcindia.co.in

They may obtain further information regarding this tender from ED (IT) at the address given at Unit 7 Clause No.28 below from 10:00 hours to 17:00 hours on all working days till the last date of online submission of Bidding Documents. For proper uploading of the bids on the portal namely http://www.mstcecommerce.com/eprochome/EPIL (hereinafter referred to as the ‘portal’), it shall be the sole responsibility of the bidders to apprise themselves adequately regarding all the relevant procedures and provisions as detailed at the portal as well as by contacting M/s MSTC Ltd., Kolkata directly, as and when required, for which contact details are mentioned above. The EPI in no case shall be responsible for any issues related to timely or properly uploading/submission of the bid in accordance with the relevant provisions of Section Instruction to Bidders of the Bidding Documents.

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Unit - 4 2.0 SCOPE OF WORK & CONDITIONS OF THE CONTRACT 2.1 About EPI

Engineering Projects (India) Limited (EPI), A Government of India Enterprise under the aegis of Ministry of Heavy Industries & Public Enterprises was incorporated in the year 1970 with the main objective to undertake turnkey projects and consultancy services in India and abroad. During the last 41 years, EPI is engaged in the field of execution of large and multi-disciplinary industrial & construction projects on turnkey basis and project consultancy in the areas of:

Civil & Structural Works

Metallurgical Sector Water Supply & Environmental

Engineering

Defence

Housing

Townships

Hospitals & Institutional Buildings

Industrial & Process Plants

Coal & Material Handling Systems Oil & Petrochemicals Transmission Lines/Substations Irrigation, Dams & Canal Works Roads & Highways Shore Protection Works Airports Sports Stadia Mining Projects

EPI is pioneer in providing integrated services from concept to commissioning. The services rendered by the Company include the specialized activities such as:

Feasibility Studies & Detailed

Project Reports

Design & Engineering

Supply of Plant & Equipment

Quality Assurance

Project Construction

Erection and Commissioning

Operation and Maintenance Overall Project Management in

almost all areas of engineering and construction domain.

EPI is one of the first few Construction and Contracting Companies in India to get upgraded Certification for ISO 9001:2015 (Quality Management System) and ISO 14001:2015 Certification (Environmental Management System) which reflects its concern for environmental issues. The Certification covers all area of operation of EPI.

EPI has also got Certification for Occupational Health & Safety Management System OHSAS 18001:2007 for implementation at the Corporate Office supporting the functions of design, procurement and implementation of multi­ disciplinary industrial and other construction projects from concept to commissioning.

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Regions of Operations EPI’s countrywide operations are taken care of by its Corporate Office (CO) at New Delhi and it’s All Regional offices (RO’s) at New Delhi, Chennai, Mumbai, Kolkata, and Guwahati, Hyderabad, Oman and Srilanka each of these offices functions as a separate profit Centre. Each RO has various Site Offices.

CO Functional Departments/Divisions • Business Development (BDD) • Planning & Monitoring (P&M)

• Contracts and Engineering Divis ion (C&E)

• Information Technology

• Finance • Human Resources (HR)

• Company Secretary (CS) • Quality Assurance (QAD) • Legal • Raj Bhasha

• Plant & Equipment (P&E) • Vigi lance RO Functional Departments/Divisions • Marketing (Mktg) • Planning & Monitoring (P&M)

• Material Management (MMD) • Material Management (MMD)

• Finance • Information Technology

• Project Management (PMD) • Human Resources (HR)

• Legal • Quality Assurance (QAD)

2.2 Project Brief

Risk Management is the process of identifying, assessing and mitigating threats to an organization's capital and earnings. These threats and risks could arise from vide variety of sources, including financial uncertainties, legal liabilities, strategic management errors, accidents and natural disasters "Risk Management Policy" is to be implemented at EPI Corporate Office, all Regional Offices and sites. The existing process/practice of each of the functional divisions/offices/sites of EPI and the risk associated with them needs to be studied in consultation with divisional heads and regional in-charges. Risk is inherent with any project, and project in-charges should assess risks continually and develop plans and address them.

2.3 Objective of policy The main objective of this policy is to ensure sustainable business growth with stability and to promote a pro-active approach in reporting, evaluating and resolving risks associated with the business. In order to achieve the key objective, the policy establishes a structured and disciplined approach to Risk Management, including the development of the Risk Matrix, in order to guide decisions on risk related issues. The specific objectives of the Risk Management Policy are:

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To ensure that all the current and future material risk exposures of the company are identified, assessed, quantified, appropriately mitigated and managed.

To establish a framework for the company’s risk management process and to ensure companywide implementation.

To enable compliance with appropriate regulations, wherever applicable, through the adoption of best practices.

To assure business growth with financial stability. To monitor and review the cyber security and related risks.

To review Risk tolerance levels regularly depending on the change in company’s strategy.

2.4 Key System Requirement

Risk should be identified in 5:5 matrixes.

The Risk Management Policy shall provide for the enhancement and protection of business value from uncertainties and consequent losses.

All employees of the company shall be made aware of risks in their respective domains and their mitigation measures.

Preparation of Heat Maps to take informed decisions during treatment of risk as per ATMA (Accept, Transfer, Mitigate and Avoid) Module.

ISO 31000 pattern to be followed for Risk Framework Implementation.

To establish a structured and disciplined approach to Risk Management including the development of the Alignment of Risk Policy, Risk Matrix and (E) Risk Register formats, in order to guide decisions on risk related issues.

To ensure that all the current and future organizational risk exposure (viz. Financial Risk, Strategic Risk, Expansion Risk, Material Risk, Human Resources Risk etc.) of the company are identified, assessed, quantified, appropriately mitigated and managed.

Shall help in internal capacity building and handholding initially for the key personal to get used to risk identification and reporting.

This shall operate in conjunction with other business and operating / administrative policies.

The risk mitigation measures shall be made effective in the long- term and to the extent possible be embedded in the business processes of the Company.

To review Risk tolerance levels based on the change in company’s strategy.

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2.5 SCOPE OF WORK “Risk Management Policy” is to be implemented at EPI at Corporate Office (CO), all Regional Offices and sites. The existing process/practices of each of the functional divisions/offices/sites of EPI and the risks associated with them needs to be studied in consultation with divisional heads & Regional In-charges. Successful Bidder is required to carry out the following tasks.

To understand & review the current working procedures in EPI

Risk Policy Formulation as per ISO 31000 and Implementation

Conduct Risk Audit covering - Risk Identification - Risk Assessment, - Risk Measurement - Risk Mitigation

Necessary Trainings/Workshops

Submission of Reports

Handing over to Risk Management Team

The Consultant is expected to cover following locations during Process Study

Corporate office, New Delhi

1 Regional office (Within India)

1 Site office (Within India)

Price Quoted by the bidder should be inclusive of all taxes, duties, GST and should also be inclusive of all incidental expenses including boarding / lodging and other travel cost related to the assignment.

COMPLETITION OF WORK

Work to be completed within 4 months.

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UNIT-5

3.0 COMMERCIAL TERMS & CONDITIONS

1. CONTRACT PERIOD: The contract period shall be 4 (four) Months starting from the date of issuance of LOI (letter of Intent) which may extended at the sole discretion of EPI at the same Terms and Conditions based on the certification of satisfactory performance by EPI’s Corporate Office IT Division.

2. EPI shall reserve the right to terminate the contract at any time by giving one-

month notice to the contractor in writing, without assigning any reasons.

3. Payment Terms:

a. 10% shall be released after review of current working procedures and

submission of Work Plan.

b. 20% shall be released after initial training is conducted.

c. 20% shall be released post conducting Risk Audit.

d. 30% shall be released after submission of Draft Report on Risk Management Policy.

e. 20% shall be released after submission of Final Report to the Risk Management team.

4. Taxes & other statutory deductions if any will be effected in the payment

invoices as per rules applicable.

5. Confidentiality: Vendor/Lessor and its representatives shall, at all times, undertake to maintain complete confidentiality and integrity of all data, information, software, drawings & documents, etc. belonging to the purchaser/ lessee and also of the systems, procedures, reports, input documents, manuals, results and any other company documents discussed and/or finalized during the course of execution of the order/ contract.

6. Security Deposit cum Performance Bank Guarantee: The successful

tenderer shall be required to furnish security deposit cum performance bank guarantee equal to 5% of the value of the contract as per the Performa enclosed in Annexure-B which shall be returned to him on successful completion of the contract.

7. The EMD submitted by the successful bidder shall be returned on

submission of Security Deposit cum Performance Bank Guarantee of 5 % of total order value in the form of Bank Guarantee which shall be returned to him on successful completion of the contract.

8. The EMD of all unsuccessful tenderers (i.e. except evaluated lowest tenderer) shall be returned within Seven (7) days of the opening of price bids by EPI. EMD of successful tenderer shall be refunded after submission of Security Deposit cum Performance Guarantee by him.

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9. GST: The bidder must submit as compliances of GST Act, the invoices in GST compliant format, failing which the GST amount shall be recovered/ adjusted by EPI without any prior notice from the next invoices or available dues with EPI. The bidder is requested to update/ upload the GST/ Taxes data periodically so as to avail Input Tax Credit (ITC) by EPI, failing which it shall be recovered/ adjusted by EPI without any prior notice from the next invoices or available dues with EPI. Also bidder need to consider all ITC received/receivable by it so as to ensure that as per GOI orders quoted prices are after due passing or the ITC benefit to the consumer.

In case of any reduction in rate of GST or other taxes in future or the project getting exemption status prior to the last date of submission or afterwards, the subcontractor shall pass on the benefit to EPIL immediately, failing which EPIL shall have right to recover the differential amount from the amounts due to the subcontractor. Further, in case of any increase in rate of GST or other taxes in future or the project losing exemption status prior to the last date of bid submission or afterwards, the said increase of taxes shall be paid/reimbursed to the sub-contractor that the client reimburses the said increase taxes to EPIL.

UNIT-6

4. Financial Bid format (Price Bid):

AS PER THE PRICE BID FORMAT.

L1 Bidder shall be determined on the basis of Financial Bid (Price Bid)

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Unit-7

5. Instruction to Bidders

1. Tender documents comprising of the following are available for download/Procure and submit only on MSTC portal http://www.mstcecommerce.com/eprochome/EPIL and available for reference on the websites of EPI: www.enginneringprojects.com & CPP Portal: www.eprocure.gov.in :

(i) Notice Inviting Tender (ii) Bidders Guide for EPIL Portal (iii) Price Bid Format. (iv) General Purchase Conditions of EPI as per Annexure - A. (v) Performa of SD cum PBG – Annexure - B. (vi)Affidavit – Annexure - C.

2. In order to participate, the bidder should have Digital Signature Certificate (DSC) from one of the authorized Certifying Authorities.

3. Interested bidders have to necessarily register themselves on the portal http://www.mstcecommerce.com/eprochome/EPIL through M/s MSTC Ltd., Kolkata to participate in the bidding under this invitation for bids. It shall be the sole responsibility of the interested bidders to get themselves registered at the aforesaid portal for which they are required to contact M/s MSTC Ltd., Kolkata at following address to complete the registration formalities:

M/s MSTC Ltd., Registered office at 225-C, Acharya Jagdish Chandra Bose Road, Kolkata – 700020 Phone Number: 03322901004, 01123212357, 01123215163, 01123217850 Email: - mstcnro@mstcindia.co.in

They may obtain further information regarding this tender from ED (IT) at the address given at below from 10:00 hours to 17:00 hours on all working days till the last date of online submission of Bidding Documents.

For proper uploading of the bids on the portal namely http://www.mstcecommerce.com/eprochome/EPIL (hereinafter referred to as the ‘portal’), it shall be the sole responsibility of the bidders to apprise themselves adequately regarding all the relevant procedures and provisions as detailed at the portal as well as by contacting M/s MSTC Ltd., Kolkata directly, as and when required, for which contact details are mentioned above. The EPI in no case shall be responsible for any issues related to timely or properly uploading/submission of the bid in accordance with the relevant provisions of Section Instruction to Bidders of the Bidding Documents.

4. Bidders can download the bid document from the portal without registering or paying document fees in advance, any time from 28.07.2020 at 06.00PM on CPP Portal; however interested bidders have to pay tender fees for

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participating in the tendering and submitting the bid. Rs.1,180 /- including GST (Rupees One Thousand One Hundred Eighty Only) as

non‐refundable document fees in the form of demand draft in favour of “Engineering Projects (India) Ltd.” payable at New Delhi. Tenders submitted without Tender fees or inadequate amount of tender fees shall be rejected.

5. E‐Bids must be submitted/uploaded along with scanned copies of relevant documents pertaining to Unit-3 (Pre-Qualification Documents), ‘Tender Documents’, GPC (Annexure-A), SD-PBG (Annexure-B), Affidavit (Annexure-C), along with supporting documents, and un-priced copy of price bid duly signed and stamped on each page as a token of acceptance of all terms and conditions of tender document and confirming that bidders quoted for all items in the tenders under Single Stage Two Envelope Bidding Procedure on the MSTC portal on or before last date and time of online bid submission. Late bids will not be accepted. Under the above procedure, only the first envelope (Technical Part) shall be opened in the presence of the bidders’ representatives who choose to attend in person at the address given below on schedule date and time of bid opening or may be viewed by the bidders by logging in to the portal as per features available to them. Second envelope i.e. Price part shall be opened of technically qualified bidders.

The bid must be accompanied by an Earnest Money Deposit (EMD) of Rs.14,000/- (Rupees Fourteen Thousand only) This can be either in the form of Crossed Demand Draft or Pay Order of any Nationalized Bank/Scheduled Bank for the full amount of EMD payable favouring “Engineering Projects (India) Ltd.”, payable at New Delhi or in the form of Bank guarantee of any Nationalized Bank/Scheduled Banks, in accordance with the prescribed Performa, favouring “Engineering Projects (India) Ltd.”. The EMD shall be valid for minimum period of 150 days (one hundred fifty) from the last day of submission of tender. Tenders submitted without EMD or inadequate amount of EMD shall be rejected. The bid shall be valid for 90 days from date of opening of Price Bid or as may be extended from time to time.

6. The Terms & Conditions contained in this NIT and tender documents shall

be applicable. In case of any unscheduled holiday taken place on the last day of submission of tender, the next working day will be treated as scheduled day and time for submission of Tender.

7. The rates quoted by the bidder shall be firm and fixed for the entire period

of completion and till handing over of the work. No revision to rates or any escalation shall be allowed on account of any increase in prices of materials, labour, POL and Overheads etc. during the entire contract period or extended contract period.

8. The corrigendum or addendum, extension, cancellation of this NIT, if any,

shall be hosted on the EPI’s website/CPP portal as well as on MSTC portal http://www.mstcecommerce.com/eprochome/EPIL the bidders are required to check these websites regularly for this purpose, to take into account before

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uploading/submission of tender. All Corrigendum and addendum are to be uploaded duly signed & stamped with tender documents as bid Annexure.

9. The price bid of those bidders whose bid has been technically accepted on

the basis of documents submitted shall be opened with prior intimation to them. However, it is made clear that the offer of the L-1 bidders shall be accepted subject to the confirmation of authentically of the PQ documents/BG from the concerned department/bank.

10. EPI reserves the right to extend the date of submission of the tender or

cancel the tender or accept any tender or reject any or all tenders or split the work of tender or annul this tendering process without assigning any reason

and liability whatsoever and to re‐invite tender at its sole discretion.

11. In case of tie-tender, where two firms are bidding lowest, EPI reserves the right to spit the work among these bidders and/or will reserve right to award the tender to any one of such bidder.

12. Disqualification

The tenderers may note that they are liable to be disqualified and not considered for the opening of Price Bid if;

a) Representation in the forms, statements and attachments submitted in

the pre- qualification document are proved to be incorrect, false and misleading.

b) They have record of poor performance during the past 10 years such as abandoning the work, rescinding of contract for which the reasons are attributable to the non-performance of the contractor, inordinate delay in completion, consistent history of litigation / arbitration awarded against the contractor or any of its constituents or financial failures due to bankruptcy etc. in their on-going / past projects.

c) They have submitted incompletely filled in formats without attaching certified supporting documents and credentials to establish their eligibility to participate in the Tender.

d) If the tenderers attempt to influence any member of the committee. EPI reserves its right to take appropriate action including disqualification of tenderer(s) as may be deemed fit and proper by EPI at any time without giving any notice to the contractor in this regard. The decision of EPI in the matter of disqualification shall be final and binding on the Tenderers.

e) If any credentials are found to be fraudulent / fabricated then not only tender will be rejected but also EMD shall be forfeited and action will be taken to debar the fraudulent bidder for future EPIL tenders.

13. Tenderer shall submit duly stamped & signed scan copy of all the Pre-Qualification Criteria supporting documents mentioned under Unit-3 Clause "1 & 1.1" on online.

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14. EPI reserves the right to postpone the tender submission date and issue required amendment, if any. Selected bidders may be called for discussions/ clarifications/ presentation after the tenders have been scrutinized.

15. No deviation shall be allowed from the terms and conditions stipulated in

the ‘Tender Documents’ & tender containing deviation are liable to be rejected

16. Bids shall remain valid for a period of 90 days after the date of price bid opening or as may be extended from time to time. If any bidder withdraws his tender before the said period or makes any modifications in the terms and conditions of the tender which are not acceptable, Engineering Projects (India) Limited without prejudice to any other right or remedy shall be at liberty to forfeit the Earnest Money deposited.

17. These ‘Instructions to bidders’ shall form part of the ‘Tender documents’.

18. Submission of a tender by the bidder implies that he has read the

complete contract documents and has made himself aware of the scope, terms & condition and specifications of the work to be done. No claim of tenders whatsoever, within the purview of this clause, shall be entertained at any stage.

19. EPI takes no responsibility for tenders lost/delayed in postal transit and

therefore, bidders should lodge their tenders sufficiently in advance.

20. EPI reserves the right to reject any or all tenders or annul this process at any stage and also the right to place orders for full or part work without assigning any reasons thereof. The bidder shall have no claim on EPI on this account whatsoever.

21. EMD of the successful bidder shall be returned on receipt of security deposit.

22. The successful bidder, on award of the work shall not sublet the whole or

part of the work without the written permission of EPI.

23. The words Bidder/Successful Bidder/the Implementation partner / Contractor are synonymous.

24. The order shall be governed by the Indian laws for the time in force.

25. Jurisdiction – All disputes shall be subject to Delhi Courts only.

26. Arbitration Clause/ Dispute Resolution

The Courts of Delhi will have exclusive Jurisdiction to adjudicate any dispute arising under this Contract.

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27. ARBITRATION

(a) Before resorting to arbitration as per the clause given below, the parties if they so agree may explore the possibility of conciliation as per the provisions of Part III of the Arbitration and Conciliation Act, 1996 as amended by Arbitration and Conciliation (Amendment) Act, 2015. When such conciliation has failed, the parties shall adopt the following procedure for arbitration:

i) Except where otherwise provided for in the contract, any disputes and differences relating to the meaning of the Specifications, Design, Drawing and Instructions herein before mentioned and as to the quality of workmanship or materials used in the work or as to any other questions, claim, right, matter or things whatsoever in any way arising out of or relating to the Contract, Designs, Drawings, Specifications, Estimates, Instructions, or these conditions or otherwise concerning the works of the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the Sole Arbitrator appointed by the Chairman & Managing Director (CMD) of Engineering Projects (India) Limited (EPI) or any other person discharging the functions of CMD of EPI. The person approached for appointment as Arbitrator shall disclose in writing circumstances, in terms of Sub-Section (1) of Section (12) of the Arbitration and Conciliation Act, 1996 as amended by Arbitration and Conciliation (Amendment) Act, 2015 as follows:

(a) such as the existence either direct or indirect, of any past or present relationship with or interest in any of the parties or in relation to the subject-matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to his independence or impartiality; and

(b) Which are likely to affect his ability to devote sufficient time to the arbitration and in particular his ability to complete the entire arbitration within a period of twelve months.

The Arbitrator shall be appointed within 30 days of the receipt of letter of invocation of arbitration duly satisfying the requirements of this clause.

ii) If the arbitrator so appointed resigns or is unable or unwilling to act due to any reason whatsoever, or dies, the Chairman & Managing Director aforesaid or in his absence the person discharging the duties of the CMD of EPI may appoint a new arbitrator in accordance with these terms and conditions of the contract, to act in his place and the new arbitrator so appointed may proceed from the stage at which it was left by his predecessor.

iii) It is a term of the contract that the party invoking the arbitration shall specify the dispute/ differences or questions to be referred to the Arbitrator under this clause together with the amounts claimed in respect of each dispute.

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iv) The Arbitrator may proceed with the arbitration ex-parte, if either party, in spite of a notice from the arbitrator, fails to take part in the proceedings.

v) The work under the contract shall continue as directed by the Engineer-In-Charge, during the arbitration proceedings.

vi) Unless otherwise agreed, the venue of arbitration proceedings shall be at the venue given in the ‘Memorandum’ to the ‘Form of Tender”.

vii) The award of the Arbitrator shall be final, conclusive and binding on both the parties.

viii)Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 as amended by Arbitration and Conciliation (Amendment) Act, 2015 or any statutory modifications or re-enactment thereof and the Rules made there under and for the time being in force shall apply to the arbitration proceedings and Arbitrator shall publish his Award accordingly.

(b) Arbitration between Central Public Sector Enterprises inter SE/Government of India Departments/Ministries

In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 and The Arbitration and Conciliation Act,2015 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however ,any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law-Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the Dispute shall be decided by the Law-Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law-Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator”.

28. All correspondence with regard to the above shall be to the following address

(By Post/In Person)

Executive Director (IT) Engineering Projects (India) Ltd. Core-3, Scope Complex, 7 Institutional Area, Lodhi Road, New Delhi-110003 TEL NO. 011-24361666 Extn: 2440 FAX NO: 011-24363426 E-mail- it-tender@engineeringprojects.com

For more information on EPI, visit our website at: http://www.epi.gov.in

For more information on the e‐tender visit website of M/s.MSTC Ltd. at: http://www.mstcecommerce.com/eprochome/EPIL

Executive Director (IT) Date: …………………………………