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1 Food Safety and Drugs Administration Government Public Analyst Laboratory Sector-C, Aliganj, Lucknow UP Tel. & Fax- 0522-2321552 Website: http://www.fda.up.nic.in E-mail: [email protected] Tender Specification No. FSDA/ Lab. Accreditation/2015-16/6915 Dated: 20/11/2015 FOR Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi for chemical & biological scope LAST DATE OF RECEIPT OF TENDER: 28-12-2015 AT 02:00 PM NOT TRANSFERABLE

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Page 1: Food Safety and Drugs Administration - U.Pfda.up.nic.in/Tenders/Tender_20Nov2015.pdfFood Safety and Drugs Administration Government Public Analyst Laboratory Sector-C, Aliganj, Lucknow

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Food Safety and Drugs Administration Government Public Analyst Laboratory

Sector-C, Aliganj, Lucknow UP Tel. & Fax- 0522-2321552

Website: http://www.fda.up.nic.in E-mail: [email protected]

Tender Specification No. FSDA/ Lab. Accreditation/2015-16/6915 Dated: 20/11/2015

FOR

Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi for chemical & biological scope

LAST DATE OF RECEIPT OF TENDER: 28-12-2015 AT 02:00 PM

NOT TRANSFERABLE

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CONTENTS

SECTION DESCRIPTION PAGE NO.

TENDER NOTICE 4 SECTION-I INVITATION FOR BIDS (IFB) 6

SECTION-II QUALIFYING REQUIREMENTS 7

SECTION-III SCOPE OF WORKS 9 SECTION-IV INSTRUCTION TO BIDDERS (ITB) 11

SECTION-V GENERAL TERMS AND CONDITIONS OF CONTRACT (GTCC) 20

SECTION-VI LIST OF ANNEXURES FOR TECHNICAL SPCIFICATION --- REQUIREMENT OF CUSTOMER MANAGEMENT CENTER & SCHEDULES, FORMATS ETC. :

ANEXURE-I ABSTRACT OF GENERAL TERMS & 26 CONDITIONS OF CONTRACTS

ANEXURE-II FORMAT FOR INFORMATION TO BE 27 SUBMITTED BY THE BIDDER

ANNEXURE-III PRICE SCHEDULE FORMAT 29

ANNEXURE-IV(A) TECHNICAL DEVIATION SHEET 30

ANNEXURE- IV(B) COMMERCIAL DEVIATION SHEET 31

ANNEXURE- V SELF DECLARATION FORM 32

ANNEXURE- VI PROJECT EXPERIENCE 33

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Food Safety and Drugs Administration Government Public Analyst Laboratory

Sector-C, Aliganj, Lucknow UP Tel. & Fax- 0522-2321552

Website: http://www.fda.up.nic.in E-mail: [email protected]

Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi for chemical & biological scope

Bid Reference : FSDA/ Lab. Accreditation/2015-16 / 6915 Dated: 20/11/2015

Date of Commencement of sale of bidding document: 27-11-2015 Last Date for sale of bidding Document : 26-12-2015 Last date and time for receipt of BIDS : 28-12-2015 at 2.00 PM Time and date of opening of BIDS : 28-12-2015 at 3.00 PM Place of Opening of BIDS : Govt. Public Analyst Laboratory Sector C,

Aliganj, Lucknow-226024 U.P. Address for Communication : Govt. Public Analyst Laboratory Sector C, Aliganj, Lucknow-226024 U.P.

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Food Safety and Drugs Administration Government Public Analyst Laboratory

Sector-C, Aliganj, Lucknow UP Tel. & Fax- 0522-2321552

Website: http://www.fda.up.nic.in E-mail: [email protected]

TENDER NOTICE

Tender Notice No: FSDA/ Lab./NABL Accreditation/2015-16/ 6915 Dated: 20-12-2015

For and on behalf of the FSDA, the undersigned invites sealed tenders in duplicate on two

part bidding system from the eligible bidders, who comply to the terms and conditions for the

following works super scribing the Tender Specification No., Name of the work & date of opening

(as mentioned in the specifications).

The tender papers can be obtained from the undersigned at the above address on payment

of the cost of Tender Paper indicated below in D.D drawn on any Scheduled Bank in favour of the

“Commissioner, Food Safety and Drug Administration, U.P.” payable at Lucknow. The cost of

tender paper is non-refundable. NAME & LOCATION OF LABORATORIES:

Sr. No.

Name of Laboratory Location

1. Regional Government Public Analyst Laboratory, Varanasi.

Govt. Hospital Campus Shivpur Varansi 221003 U.P.

2. Regional Government Public Analyst Laboratory, Gorakhpur

B.R.D. Medical College Campus Near A.N.M. Training centre Gorakhpur 273013 U.P.

3. Regional Government Public Analyst Laboratory, Meerut.

Lala Lajpat Rai Medical College Meerut 250001 U.P.

4. Regional Government Public Analyst Laboratory, Jhansi.

M.L.B. Medical College Campus Jhansi 284128 U.P.

TIME SECHDULES:

Sr. No.

Description of Events Detail

1. Cast of Tender Rs. 1000.00

2. Earnest Money Deposit (EMD) Rs. 5000.00

3. Date of Commencement of sale of bidding docu.

27-11-2015

4. Last Date for sale of bidding Document 26-12-2015

5. Last date and time for receipt of BIDS 28-12-2015 at 2.00 PM

6. Time and date of opening of BIDS 28-12-2015 at 3.00 PM

7. Place of Opening of BIDS Government Public Analyst Laboratory Sector-C, Aliganj, Lucknow UP

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The intending bidders can also download the tender document from our website

fdaup.gov.in. However the bidder has to furnish an Account Payee Bank Draft drawn on any

Scheduled Bank in favour of the “Commissioner, Food safety and drug Administration,U.P.”

payable at Lucknow for the cost of the bid documents indicated above, along with his bid failing of

which the bid will be rejected outright. In the event of any specified date for the sale, submission or

opening of bids being declared a holiday for FSDA, U.P., the bids will be sold / received / opened up

at the appointed time on the next working day. Commissioner, Food safety and drug

Administration, U.P also reserves the right to accept or reject any or all tenders without assigning

any reason thereof, if the situation so warrants. Request for tender bid document through postal

will not be entertained.

For detail Tender Specification & Terms and Conditions, please visit our website www.

Fdaup.gov.in

Assistant Commissioner Drugs/ Office Incharge,

Govt. Public Analyst laboratory, U.P, Lucknow.

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SECTION-I

INVITATION FOR BIDS (IFB)

Sealed Tenders will be received till 02:00 PM on 30.10.2015 by the Commissioner, Food safety and drug Administration, U.P. for Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi.

1. Interested eligible bidders may obtained further information from the office of Joint Commissioner, Govt. Public Analyst Laboratory, Sector-C, Aliganj, Lucknow, UP, India. Tel. & Fax 0522-2321552

2. A complete set of bidding documents may be purchased by any interested eligilble bidder on submission of written application to the above office and upon payment of a non-refundable fee as indicated below in the form of a Demand Draft/Bankers Cheque in favour of “Commissioner, Food safety and drug Administration, U.P.” Payable at Lucknow.

3. The bid document may be obtained from the office of Joint Commissioner, Govt. Public Analyst Laboratory, Sector-C, Aliganj, Lucknow-226024, during office hours i.e. from 11:00 AM hours to 03:00 PM hours on all working days either in [person or the tender document can be downloaded from web site: www.fda.up.nic.in

(a) Prices of bidding documents (Non refundable) : Rs. 1000/- (b) Date of Commencement of sale of bidding document : 27-11-2015 (c) Last Date for sale of bidding Document : 26-12-2015 (d) Last date and time for receipt of BIDS : 28-12-2015 at 2.00 PM (e) Time and date of opening of Technical BIDS : 28-12-2015 at 3.00 PM (f) Place of Opening of BIDS : Govt. Public Analyst

Laboratory Sector C, Aliganj, Lucknow-226024 U.P.

(g) Address for Communication : Govt. Public Analyst Laboratory Sector C, Aliganj, Lucknow-226024 U.P.

4. The bidders, who have downloaded the bid documents, shall be solely responsible for any addendum/amendment issued subsequently to the bid document and take into consideration the same while preparing and submitting the bids.

5. All bids must be accompanied by a bid security as specified in the bid document and must be delivered to the above office on the date and time indicated above.

6. Bids will be opened in the presence of Bidders’ representative who choose to attend on the specified date and time.

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SECTION-II

QUALIFYING REQUIREMENTS

The bidder must possess the requisite experience, strength and capabilities in providing

the services necessary to meet the requirements, as described in the tender document. The bids

must be complete in all respect and should cover the entire scope of work as stipulated in the

tender document. The invitation for bids (IFB) is open to all bidders who meet the qualifying

requirements as given below: (Please note that Bidders should submit all relevant documents duly self-attested confirming

their qualification as per the Qualifying Requirements mentioned in this section as part of

Technical Bid). 1. Technical Bid Requirements:

Sr. Particulars Requirements

1.1 The Bidder must have arranged NABL Accreditation to at least five food testing laboratories through their consultancy.

(i) Work order(s) indicating the work experience, period & area of activity.

(ii) Submit information on project experience format at Annexure- VI

(iii) User(s) Performance Certificate.

1.2 The bidder must attach copy of service Tax Registration Number

Copy of latest Valid Certificate

1.3 Bidder must be in possession of valid registration under Income Tax, PAN, Service Tax etc.

Copy of latest Valid Certificate

1.4 The bidder must not be banned or debarred or blacklisted by any State Govt. / Central Govt. / Central or State Govt. Undertakings / Utilities / Private Organizations etc. in the past five years.

Self-declaration certificate to be submitted in format at Annexure-V

1.5 The Bid is to be duly signed & sealed and submitted by an Individual firm (Single Party) only, meeting all the qualifying requirements. (Participation through Joint Venture/Consortium is NOT allowed)

The bidder has to submit following documents with the tender. (i) Constitution or legal status

and place of registration etc.

(ii) Certificate of Incorporation (iii) Memorandum and Articles

of Association. (iv) Written powder of

attorney/ Board Resolution of the authorized signatory to the bid.

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1.6 The average annual turnover of the bidder should not be less than Rs. 02 Lacs (Rupees Two Lacs Only) only during last two (02) financial years. i.e. FY 2012-13, 2013-14

Bidders shall submit audited financial reports for the last Two financial years. i.e. FY 2012-13, 2013-14

• Address of Local Office in U.P. (if any) may be furnished.

• FSDA,U.P. reserves the right to request for any additional information and also reserves the right

to reject or accept the bid of any/ all bidders, if in the opinion of FSDA,U.P. the qualifying data is

incomplete or the bidder(s) is/are not found qualified to fulfil the requirements. No

communication in this regards shall be entertained in future by FSDA,U.P.

• The bidders who have earlier failed to execute the work order(s) of the FSDA,U.P. and / or black

listed by FSDA,U.P./any of State Govt. / Central Govt. / Central or State Govt. Undertakings /

Utilities / Private Organizations etc. shall not be eligible to participate in this tender.

• FSDA,U.P. reserves the right to waive minor deviation, if they do not materially affect the capacity of the bidder to perform the contract.

• The bid is liable for rejection, in case any bidder submits fraudulent documents and/or wrong

information in his bid document.

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SECTION –III SCOPE OF WORK

CONSULTANCY (Technical and Management) for obtaining NABL accreditation to Foods

testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi. within a period of twelve Months which includes Pre assessment, Formal & informal technical guidance, Training, Preparation of all Manuals, Standard Operating Procedures (SOP's) and documents required for Accreditation as per NABL requirements, read with ISO/IEC 17025/2005, Internal Audits, assisting at the time of NABL Audit. Scope of work:-

a) Pre assessment of the present testing system and make a detailed evaluation and identifying the pre requirements for NABL accreditation. This includes developing recommendations delineated in the sections on deliverables with view to achieve the objectives set out for the assignment.

b) Providing laboratory management training in 3 sessions in line with NABL requirements. c) Preparing manuals, documents, registers etc inline with NABL requirements. Providing

guidance for lab layouts placement of equipments, environments etc. d) Developing work instructions, specifications, guidelines, quality plans and charts and forms.

e) Preparing reports, registers etc at the monitoring area. f) Preparations of NABL applications and annexure. g) Perform internal audits as per ISO/IEC 17025 NABL and other technical standards. h) Identification of corrective and preventive actions. i) Provide support for collecting required data & information for MRM specific to ISO/IEC 17025

standard. j) Correction of documents as recommended in the adequacy audit report. k) Applicable measurement uncertainty values if required for all parameters as per scope. l) Assisting during NABL audits.

Site Visit for initial survey:- a) Introduction on general accreditation requirements. b) Training on accreditation process c) Overall assessment of present status of the laboratory in terms of equipments and quality

systems. Quality manual:- a) Training on all clauses of ISO/IEC 17025 applicable to testing laboratory. b) Training on other relevant NABL documents.

Documentation:- a) Preparation of quality system documents like laboratory procedures, Operating Procedures,

Formats etc. b) Preparation of quality manual.

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Deliverables with Time Frame (Since FSDA,U.P.wishes NABL Accreditation at the earliest possible, the bidder should specify the minimum time required for seeking NABL Accreditation)

Sr. Deliverables Time Frame (In Weeks) to be mentioned by bidder

1. Site visit & pre-assessment of existing systems.

2. Recommendation on replacement/modification of existing testing infrastructures if any.

3. Awareness program

4. Training Lab Personnel

5. Preparation of quality manual & Procedure manual & Other documents/formats

6. Review of document

7. Internal audit

8. Application for NABL Accreditation

9. External auditing by NABL

10. Removal of non-compliances

11. Award of NABL Accreditation certificate

12. Any other activity, if required

Signature of bidder with seal

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SECTION – IV INSTRUCTION TO BIDDERS

1. GENERAL:

1.1 The bidders are requested to furnish the offer in one technical and one financial bid separately,

and to ensure that tender is stamped & signed by the authorised signatory of the bidder.

1.2 The bidders are requested to ensure that all required schedule/ format/ annexure/declaration etc.

should be duly filled-in and are submitted with the bid document. The bidders should also note that

in absence of any of the required documents, their offer shall be rejected out rightly. 1.3 This Tender Document is Not-Transferable from one bidder to any other bidder. 1.4 Before submitting the tender, the bidder should have full knowledge of the requirement and have

satisfied himself by actual inspection of site and locality of work. It must be ensured that all

conditions that are likely to be encountered during the execution of work have been taken into

consideration by the bidder and the quoted rates are adequate to meet all the contractual

obligations under this contract. 1.5 The submission of a tender by the bidder implies that he has read and accepted the instructions,

conditions of the contract and made himself aware of the scope and specifications of the work to be

done, and all other factors having a bearing on the execution of the works. 1.6 FSDA, U.P. will not, after acceptance of contract rate, pay any extra charges for any reason

whatsoever, in case the bidder is found later to have misjudged any requirement & condition(s).

1.7 Tenders will be opened as per the schedule provided in the tender notice and in the presence of Bidders for their authorised representatives. Bid shall be submitted by the bidder within the prescribed due date and time, and delayed submission for whatsoever reasons, will not accepted. FSDA, U.P. shall not assume any responsibility for any delays either by bidders or late receipt of bids by FSDA, U.P.. No extension in time shall be granted on such grounds.

1.8 In case of any ambiguous or self-contradictory terms/conditions mentioned in the bid,

interpretation as may be advantageous to FSDA, U.P. will be taken without any reference to the

tenders.

1.9 One bidder can submit only one bid for the same work. 1.10 The bid shall be written/ printed legibly, free from any erasure/overwriting /conversions of figures.

Any corrections, where unavoidable, shall be made by crossing it out, duly signed with date by the

authorised signatory of the bidder. The tenders found with erasure/overwriting /conversions of

figures etc. are likely to be rejected outrightly. 1.11 Bid(s) which do not fulfil any / all of the above conditions are incomplete in any respect are liable to

be rejected. FSDA, U.P. reserves the right to reject any or all the tenders without assigning any

reason thereof. 1.12 FSDA, U.P. reserves the right to disqualify the Consultant who will not meet the contractual

obligations against the contract, entered into with FSDA, U.P. FSDA, U.P. also reserves the right to

blacklist the Consultant.

1.13 Upon the written directions of the Commissioner, FSDA, U.P., the Consultant shall immediately

remove from the work any staff(s) deployed thereon, who may in the opinion of the Commissioner

FDA UP be incompetent or responsible for misconduct. Such persons shall not be employed again

on the works without the written permission of the Officer-in-charge, or such other officer so

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authorized for such purpose.

1.14 In case it is found that any theft or damage has occurred to the property or premises of the FSDA,

U.P. due to negligence of personnel in performing his/ her duty and /or absence from the place of

duty and/or not providing substitute by the Consultant or any other reason, the cost of all such

losses or damages as assessed by FSDA, U.P. / Competent authority shall be recovered from the

Consultant’s monthly bill or from his security deposit.

2. REQUIREMENTS : CONSULTANCY (Technical and Management) for obtaining NABL accreditation to Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi. Within a period of Twelve Months which includes Pre assessment, Formal & informal technical guidance, Training, Preparation of all Manuals, Standard Operating Procedures (SOP's) and documents required for Accreditation as per NABL requirements, read with ISO/IEC:17025/2005, Internal Audits, assisting at the time of NABL Audit. 3. SITE VISIT.

The bidders are strongly advised to assess the site conditions and submit a realistic offer for the

execution of the work at their own risk without any further liability on FSDA, U.P.

4. DISCLAIMER: 4.1 This document includes statements, which reflect various assumptions, which may or may not be

accurate. Each bidder should conduct their own estimation and analysis and should check the

accuracy, reliability and completeness of the information in this document and obtain independent

advice from appropriate sources in their own interest before submission of bid. 4.2 Neither FSDA, U.P. nor its employees will have any liability whatsoever to any bidder or any other

person under the Law or Contract, the principles of restitution or unjust enrichment or otherwise

for any loss, expense or damage whatsoever which may arise from or be incurred or suffered in

connection with anything contained in this document, any matter deemed to form part of this

document, provision of services and any other information supplied by or on behalf of FSDA, U.P.

or its employees, or otherwise arising in any way from the selection process for the supply /

provision of Services for the Project. 4.3 Though adequate care has been taken while issuing the Bid document, the Bidder should satisfy

them self that documents are complete in all respects. Intimation of any discrepancy/ doubt (if

any) should be sent to the FSDA, U.P. address for speedy response. 4.4 This document and the information contained herein are Strictly Confidential and are for use of

only the person (s) to whom it is issued. It may not be copied or distributed by the recipient to any

third parties.

5. COST OF BIDDING: The Bidder shall bear all costs associated with the preparation and submission of its Bid and FSDA,

U.P. will in no case be responsible or liable for those costs.

6. BIDDING DOCUMENTS:

The Scope of Work, Bidding Procedures and Contract Terms are described in the Bidding Documents.

In addition to the covering Letter accompanying Bidding Documents, the Bidding documents include:

(a) Invitation For Bids (IFB) - Section –I

(b) Qualifying Requirements - Section –II

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(c) Scope of work - Section –III

(d) Instruction to Bidders (ITB) - Section –IV (e) General Terms and Conditions of Contract (GTCC) (g) List of Annexure -

Section-V –V Section –VI

7. AMENDMENT OF BIDDING DOCUMENTS: 7.1 At any time prior to the deadline for submission of Bids, FSDA, U.P. may, for any reason, whether at

its own initiative or in response to a clarification requested by a prospective Bidder, modify the

Bidding Documents by way of issuing an addendum. 7.2 The Amendment / Addendum shall be part of the Bidding Documents, it will be binding on the

Bidder(s). 7.3 In order to afford prospective Bidders reasonable time in which to take the Amendment into account

in preparing their Bids, FSDA, U.P. may, at its discretion, extend the deadline for the submission of

Bids. 8. LANGUAGE OF BID.

The Bid prepared by the Bidder and all correspondences and documents relating to the Bid exchanged

by the Bidder and FSDA, U.P.shall be written in English language, provided that any printed literature

furnished by the Bidder may be written in another language so long as it is accompanied by an English

translation of its pertinent passages in which case for purpose of interpretation of the Bid, the English

translation shall be considered. The English translation shall have to be notarized certified to be the

true copy by the bidder or the person who has translated the same. 9. DOCUMENTS COMPRISING THE BID:

The bidders are strongly advised to examine all the instructions, requirements, forms, terms &

conditions and specifications etc. in the bidding documents. Failure to furnish all / any of the

information(s) required as per the bidding document or submission of a Bid which is Technically Non-

Responsive, will be at the bidder’s risk and shall result in rejection of their Bid(s).

The bid prepared and submitted by the bidder shall comprise of two parts i.e. Part-I (Technical Bid) &

Part-II (Financial Bid) as detailed below. Each Part along with all

documents/schedules/formats/annexures/declaration etc. are to be submitted in sealed envelopes

marked as Technical Bid & Financial Bid in a large envelope.

(A) Part-I (Technical Bid) must contain the following documents :- (i) Bid document duly signed by the bidder along with all required documents/schedules / formats/

annexures/ declaration etc. duly filled in & signed by the authorized signatory of the bidder with

seal in a separate envelope super scribed as “Technical Bid”. Bids containing information in

formats other than the prescribed format shall not be acceptable and may make the bid non-

responsive.

(ii) Requisite Bid Security (EMD) shall be submitted with Technical Bid failing which the bid may be

treated as non-responsive.

(iii) Requisite Cost of Tender Document i.e. Rs.1000/- in shape of Demand Draft from a

Nationalized/Scheduled Bank issued in favour of “Commissioner, Food safety and drug

Administration, U.P.” Payable at Lucknow. if the document is downloaded from FSDA, U.P.

website OR the Original Copy of Money Receipt, if the document is purchased from the office.

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(B) Part-II (Financial-Bid): must contain the following documents :-

Price schedules (strictly as per prescribed format at Annexure-III) duly filled-in, signed & stamped by

the authorized signatory of the bidder. Price schedules should be submitted in a double sealed

envelope separately duly super scribed as “Financial Bid”. The envelope containing the Technical

bid, EMD and Commercial Bid shall then be kept in an envelope which is duly sealed. The outer

envelope shall clearly indicate the Bidder’s name and address and with the following text in bold

capital letters “Consultancy (Technical & Management) for obtaining NABL accreditation of Foods

testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi foe chemical and biological scope”

Tender no______________ Dtd____________

10. SUBMISSION OF BID & EARNEST MONEY DEPOSIT (EMD): 10.1 The Bidder shall complete and submit the Bid Document in single enclosing all documents in

sealed envelopes. super scribing Tender Specification No…………., Date ……………….. & Description

of work. 10.2 The bidder shall submit E.M.D as a part of the bid in the prescribed manner for the amount

mentioned. The Bids without EMD shall be rejected out rightly. 10.3 The E.M.D is required to protect FSDA, U.P. / it’s representative against the risk of bidder’s

conduct, which would warrant the security’s (EMD) forfeiture. 10.4 The E.M.D shall be in the following form:

A/C Payee Demand Draft in favour of “Commissioner Food Safety and Drug Administration,

U.P.” issued by a Nationalized / Scheduled Bank payable at Lucknow only. 10.5 Unsuccessful bidder’s E.M.D shall be refunded back as promptly as possible, but not later than

thirty (30) days after the expiry of the period of bid validity. The successful bidder’s E.M.D shall

be discharged upon furnishing of the performance. 10.6 The E.M.D may be forfeited due to following reasons:

1) If the bidder withdraws bid during the period of bid validity specified by the bidder in the bid

document

2) In case the successful bidder fails to give his acceptance / sign the contract in specified time and

/ or fails to submit the requisite performance Bank guarantee.

11. BID PRICES: 11.1 Bidders have to quote for the entire requirements/service covered under scope of work as per

the enclosed format in Annexure –III. The total Bid Price shall also cover all the Consultant’s

obligations mentioned in or reasonably to be inferred from the Bidding Documents in respect of

operation and management of Customer Management Centre, all in accordance with the

requirement of Tender Documents. The Bidder shall complete the appropriate Price Schedules

enclosed herein at Annexure – III. 11.2 The bidders are strongly advised to assess the requirement under the scope and should submit a

realistic offer at their own risk without any further liability on FSDA, U.P.. 11.3 The Price offered shall be inclusive of all costs as well as duties, taxes and levies paid or payable

during implementation of the contract (excl. service tax). If the Bidder is exempted from Excise

duties, concession in the sales tax, levy of entry tax etc, the same should be clearly mentioned

and should be supported with documentary evidence. 11.4 Prices quoted by the Bidder shall be “FIRM” and not subject to any price adjustment during the

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contract period. A Bid submitted with variable price or an adjustable price shall be treated as non-

responsive and rejected out rightly. 11.5 In case there is any increase in the number of any services in the scope, the Contract Price may be

increased in the same terms & conditions. 12. CONTRACT PRICE: 12.1 The Prices quoted for the Contract shall remain “FIRM” and FSDA, U.P. shall not compensate

Consultant for any variations. However, any variation in the taxes & duties within the scheduled

date of work order/ agreement shall be borne by FSDA, U.P., else the same shall be borne by the

Consultant.

12.2 In case FSDA, U.P. revise the scope of works, Consultant shall be compensated based on the Unit

Price Rate agreed upon before order placement or as per mutually acceptable rates.

13. BID CURRENCIES. The prices should be quoted in the currency of Indian Rupees only.

14. PERIOD OF VALIDITY OF BIDS: 14.1 Bids shall remain valid for Twelve Months from the date of opening of Price Bids. 14.2 Notwithstanding Clause 14.1 above, FSDA, U.P. may solicit the Bidder’s consent to an extension of

the period of Bid Validity. The request and the responses thereto shall be made in writing or Email

or by Fax.

15. ALTERNATIVE BIDS:

Bidders shall submit Bids complying with the Tender Documents. Alternative bids shall not be

considered for evaluation.

16. FORMAT AND SIGNING OF BID: 16.1 The Bid Form and accompanying documents contacting technical bid and financial bid must be

submitted in a large envelop marked as technical bid and financial bid. 16.2 The Bid shall be typed or written legibly and shall be signed by the Bidder or a person or persons

duly authorized to sign on behalf of the Bidder. Such authorization shall be indicated by written

Power-of-Attorney / Board Resolution accompanying the Bid. 16.3 The bid shall be written/ printed legibly, free from any erasure/overwriting /conversions of

figures. Any corrections, where unavoidable, shall be made by crossing it out, duly signed with

date by the authorised signatory of the bidder. The tenders found with erasure/overwriting

/conversions of figures etc. are likely to be rejected out rightly.

17. SEALING AND MARKING OF BIDS:

17.1 Technical Bid Envelope: Shall contain the copy of Bid Document duly signed and seal, Bid EMD,

Cost of Tender Document, all supporting documents for qualifying requirement along with duly

filled in formats / annexures / declaration/ schedules etc. given at Section- IV(A).

17.2 Financial Bid Envelope: Shall contain the Price schedule duly filled in & signed & Sealed as per the

format at Annexure –III under Section-IV(B). 17.3 The outer large envelopes shall contains the following address: a) To be addressed to the FSDA, U.P. at the following address :- Joint Commissioner, Govt. Public

Analyst Laboratory, Sector-C, Aliganj, Lucknow-226024 U.P., Bear the work name in bold capital letters as: “Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut &

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Jhansi. For chemical and biological scope.” Tender no______________dtd____________ 17.4 The Bidders have the option of sending the Bids by Post/ Courier services or in person. Bids

submitted by Telex/Telegram/Fax/Email will not be accepted. No request from any Bidder to

FSDA, U.P. to collect the proposals from Airlines/ Cargo Agents etc. shall be entertained by FSDA,

U.P..

18. DEADLINE FOR SUBMISSION OF BIDS:

18.1 The Bid, must be received by FSDA, U.P. at the address and date & time mentioned in the

invitation for bids. 18.2 FSDA, U.P. may, at its discretion, extend the dead line for the submission of Bids by amending the

Bidding Documents, in which case all rights and obligations of FSDA, U.P. and Bidders previously

subject to the deadline will thereafter be subject to the deadline as extended.

19. LATE BIDS

Any Bid received by the FSDA, U.P. after the deadline for submission of Bids prescribed by FSDA,

U.P., will be declared “Late” and rejected outright and returned unopened to the Bidder if tender

document is purchased from FSDA, U.P. counter. If the bid is downloaded then the firm has to

submit the tender cost for return of the same.

20. MODIFICATION AND WITHDRAWAL OF BIDS: 20.1 The Bidder may modify or withdraw his Bid after the Bid’s submission, provided that written

request for the modification or withdrawal is received by the FSDA, U.P. prior to the deadline

mentioned for submission of Bids. 20.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched

in accordance with the provisions of Clause 18 & 19. A withdrawal notice may be sent by

Fax/Email but must be followed by an original signed confirmation copy. 20.3 No Bid can be withdrawn in the interval between the deadline for submission of Bids and the

expiry of the period of Bid validity.

21. EVALUATION OF BID: 21.1 PROCESS TO BE CONFIDENTIAL:

Information relating to the examination, clarification, evaluation and comparison of Bids and

recommendations for the award of a contract shall not be disclosed to Bidders or any other

persons not officially concerned with such process. Any effort by a Bidder to influence the FSDA,

U.P.’s processing of Bids or award decisions may result in the rejection of the Bidder’s Bid.

22. CLARIFICATION OF BIDS:

To assist in the examination, evaluation and comparison of Bids, FSDA, U.P. may, at its discretion,

ask the Bidder for a clarification of its Bid. All responses to requests for clarification shall be in

writing and no change in the price or substance of the Bid shall be sought, offered or permitted.

23. EXAMINATION OF BIDS / RESPONSIVENESS: 23.1 FSDA, U.P. will examine the Bids to determine whether they are complete, whether any

computational error have been made , whether required EMD have been furnished, whether all

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the documents have been submitted & properly signed on each page and whether the Bids are in

order. 23.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the

unit price and the total price that is obtained by multiplying the unit price and quantity, the unit

price shall prevail and the total price will be corrected. If there is a discrepancy between the

Total Amount and the sum of the total price, the sum of the total price shall prevail and the Total

Amount will be corrected. 23.3 FSDA, U.P. will determine the substantial responsiveness of each Bid to the Bidding Documents

including capability to execute the work as per the scope. Substantially responsive bid is one,

which conforms to all the terms and conditions of the Bidding Documents without any material

deviation. 23.4 A Bid determined as not substantially responsive will be rejected by the FSDA, U.P. and will not

subsequently allowed to be made responsive by the Bidder by correction of the non –

conformity.

24. EVALUATION AND COMPARISON OF BIDS:

The bids shall be evaluated in the following procedures as noted below: 24.1 Evaluation:

The Bidder’s responses shall be reviewed for compliance with the Qualification Requirements as per Section-II, Submission of required documents as per Section- VI. The Bidder(s) who fails to comply with any of the above, shall be termed as non-responsive and their bid(s) shall not be evaluated further.

• Project Experience:

The bidder is required to submit details of projects with relevant work involved with certification on client’s letter head as proof of the scope of work, value and completion. The documentary proof of all projects needs to be furnished.

24.2 Price Bid Evaluation:

Price Bid will be opened for the technically responsive bidders only. Price Bid should be un-conditional, failing which the bid shall be summarily rejected. Date and time of opening of Price bid shall be intimated later on to the responsive bidders only. The bidder would submit the quote of bid as per the format Annexure-III given in the bid document. The evaluation committee will determine if the price proposals are complete, un-conditional and without any correction / overwriting.

24.3 FSDA, U.P. reserves the right to accept or reject any of the proposal without assigning any reason

thereof, if the situation so warrants. 24.4 The FSDA, U.P.’s evaluation of a Bid will take into account, in addition to the Bid price, the

following factors, in the manner and to the extent indicated in this Clause: a. Deviations from Bidding Documents as mentioned in Deviation Sheet. b. Past performance and capability to execute the contract. c. Turn over

24.5 The purpose of this clause is only two provide the bidders and idea of the evaluation process that FSDA U.P. may adopt. However FSDA UP reserve the right to modify the evaluation process at any time during the tendering process without assigning any reason, what so ever, and without intimating the bidders on the same.

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24.6 Bidders shall offer their Bid price basing on the terms and conditions specified in the Bidding

Documents. The Cost of all quantifiable deviations and omission from the specification &

requirements, terms and conditions specified in Bidding Documents may be evaluated. FSDA,

U.P. will make his own assessment of the cost of any deviation for the purpose of ensuring fair

comparison of Bids.

25. AWARD OF CONTRACT:

FSDA, U.P. will award the Contract to the successful responsive Bidder who’s Bid has been

evaluated to be the lowest price proposal (L1). If more than one responsive bidder(s) are having

the same L1 price, then in such event, FSDA, U.P. reserves all rights to award works to any one of

the responsive bidder who has more execution experience.

However, FSDA, U.P. may at its discretion add, modify and abandon any of the activities specified

in the scope of work, accordingly award the work and reduce the value of the work order

proportionately.

26. SERVICE LEVEL AGREEMENT

• The purpose of this Service Level Agreement (SLA) is to clearly define the levels of

service which shall be provided by the Consultant to FSDA, U.P. during the contract

period. The SLA is intended to establish a clear set of measurable parameters against

which the performance of the Bidder can be measured.

• The Consultant and FSDA, U.P. shall maintain a monthly review to monitor the performance of the services being provided by the Consultant.

27. SERVICE LEVEL AGREEMENT PARAMETERS:

As per section-III, scope of work.

28. CONTACTING FSDA, U.P. 28.1 From the time of Bid opening to the time of contract award, if any Bidder wishes to contact

FSDA, U.P. on any matter related to the Bid, he should do so in writing. 28.2 Any effort by a Bidder to influence FSDA, U.P.’s decisions in respect of Bid evaluation, Bid

comparison or Contract of Award, will result in the rejection of the Bidder’s Bid. 29. THE FSDA, U.P.’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS OR TO RELAX

ANY TERMS AND CONDITIONS: 29.1 The FSDA, U.P. reserves the right to accept or reject any Bid and to annul the Bidding process and

reject all Bids at any time prior to award of Contract, without thereby incurring any liability to the

affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the

grounds for the FSDA, U.P.’s action. 29.2 In the interest of work, FSDA, U.P. reserves the right to relax any terms and conditions without

affecting the quality & price of the Service requirement. 29.3 The FSDA, U.P. will award the Contract to the successful Bidder whose Bid has been determined

to be the lowest evaluated responsive Bid, provided further that the Bidder has been determined

to be Technically qualified to perform the Contract satisfactorily.

30. LETTER OF INTENT / NOTIFICATION OF AWARD: The letter of intent / Notification of Award shall be issued to the successful Bidder whose bid have

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been considered responsive, Technically acceptable and evaluated to be the lowest price

proposal(L1). The successful Bidder shall be required to furnish a letter of acceptance within 7

days of issue of the letter of intent / Notification of Award by FSDA, U.P. and to execute an

agreement with FSDA, U.P.

31. CORRUPT OR FRAUDULENT PRACTICE: 31.1 FSDA, U.P. requires that the Bidders observe the highest standard of ethics during the execution

of the contract.

31.2 In pursuance of this policy, FSDA, U.P. defines, for the purposes of this provision, the terms set

forth below as follows:

a. “Corrupt practice” means behavior on the part of officials in the public or private sectors by

which they improperly and unlawfully enrich themselves and/ or those close to them, or

induce others to do so, by misusing the position in which they are placed, and it includes the

offering, giving, receiving, or soliciting of anything of value to influence the action of any such

official in the contract execution; and

b. “Fraudulent practice” means a misrepresentation of facts in order to influence a evaluation

process or the execution of the contract detriment to FSDA, U.P., and includes collusive

practice having illegal cartel (prior to or after Bid submission ) designed to establish Bid prices

at artificial non-competitive levels and to deprive FSDA, U.P. of the benefits of free and open

competition.

31.3 FSDA, U.P. will reject a proposal for award if it determines that the Bidder recommended for

award has engaged in corrupt or fraudulent practice in competing for the contract in question.

31.4 FSDA, U.P. will declare a firm ineligible, either indefinitely or for a stated period of time, to be

awarded an contract if FSDA, U.P. at any time determines that the firm is engaged in corrupt or

fraudulent practice in competing for, or in executing, the Contract.

31.5 Furthermore, Bidders shall be aware of the provision stated in the General Terms and Conditions

of Contract. 32. SIGNING OF CONTRACT AGREEMENT:

Within 15 days of issue of work order, the Consultant shall execute a contract agreement with

FSDA, U.P. as per the Tender Conditions. In the event of non-execution of the contract

agreement, FSDA, U.P. shall terminate the work order & forfeiture of EMD and may assign the

work to other eligible bidder.

33. LITIGATION HISTORY:

The Bidder should provide accurate information on any litigation or arbitration resulting on

contracts completed or under execution by him over the last two (02) financial years. A consistent

history of awards involving litigation against the Bidder may result in disqualification of Bid.

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2 DEFINITIONS : 2.1 “Bidder” shall mean the firm who quotes against this bid document issued by FSDA, U.P..

2.2 “FSDA, U.P.” shall mean the Owner/Purchaser on whose behalf this bid enquiry is issued

by its authorized representative / officers. 2.3 “Codes and Standards” shall mean all the applicable codes and standards as per

FSDA, U.P. 2.4 “Contract” shall mean the “Detailed Work Order” issued by FSDA, U.P..

2.5 “Contract Period” shall mean the period during which the “Contract” shall be executed as

agreed between the Consultant and FSDA, U.P. in the Contract inclusive of extended

contract period for reasons beyond the control of the Consultant and / or FSDA, U.P. due

to force majeure.

2.6 “Consultant” shall mean the successful Bidder whose bid has been accepted by FSDA, U.P.

and shall include his heirs, legal representatives, successors and permitted assigns.

2.7 “Letter of Intent” shall mean the official notice issued by FSDA, U.P. notifying the

Consultant that his proposal has been accepted and it shall include amendments thereto,

if any, issued by FSDA, U.P.. The “Letter of Intent” issued by FSDA, U.P. shall be binding on

the “Consultant”. The detailed Work Order shall be taken as effective from the date of

successful commissioning of the entire establishment within the stipulated time period.

2.8 “Month” shall mean the calendar month and “Day” shall mean the calendar day. 2.9 “Offer Sheet” shall mean Bidder’s “FIRM” offer submitted to FSDA, U.P. in accordance

with the specification. 2.10 “Project” shall mean CONSULTANCY (Technical and Management) for obtaining NABL

accreditation to Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi for chemical and biological scope.

2.11 “Site” shall mean the project location as defined by FSDA, U.P..

2.12 “Terms & Conditions” shall mean collectively all the terms and stipulations contained in those

SECTION – V

GENERAL TERMS AND CONDITIONS OF CONTRACT (GTCC) 1. GENERAL INSTRUCTIONS:

1.01 All the Bids shall be prepared and submitted in accordance with these instructions. 1.02 Bidder shall bear all costs associated with the preparation and delivery of its Bid,

and, FSDA, U.P. will in no case shall be responsible or liable for these costs.

1.03 The Bid should be submitted by the Bidder in whose name the bid document has

been issued and under no circumstances it shall be transferred / sold to the other

party.

1.04 FSDA, U.P. reserves the right to request for any additional information and also reserves the right to reject the proposal of any Bidder, if in the opinion of FSDA, U.P., the data in support of Tender requirement is incomplete.

1.05 The Bidder is expected to examine all instructions, forms, annexures, terms & conditions and specifications in the Bid Documents. Failure to furnish all information required in the Bid Documents or Submission of a Bid not substantially responsive to the Bid Documents in every respect may result in rejection of the Bid. However, the Bid Documents in every respect may result in rejection of the Bid. However, FSDA, U.P.’s decision in regard to the responsiveness and rejection of bids shall be final and binding without any obligation, financial or otherwise, on FSDA, U.P..

1.06 FSDA, U.P. reserves the right to make minor changes in scope at the time of placing order or during project execution

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portions of this bid document known as Instruction to Bidder, Bid form and other forms as

per General terms & Conditions of Contract, Technical Specifications Requirements and the

Amendments, Revisions, Deletions or Additions, as may be made by FSDA, U.P. from time to

time. 2.13 “Works” shall mean all services / works to be executed by the Consultant as per the scope of

work. 8 DEFICIENCIES COMPLIANCE:

Upon monthly completion of work under this contract, If any defects or shortcomings are

detected by Officer in Charge, the Consultant has to make good the deficiencies in

confirmation with this contract & satisfaction of the Officer in Charge

10 PRICE VALIDITY:

All bids submitted shall remain valid, firm and subject to unconditional acceptance by FSDA,

U.P. for twelve month from opening of the Price bids. For award of Contract, the prices shall

remain valid and “FIRM” till contract completion, except Service Tax.

10 CONTRACT PERIOD: 10.1 The bidder shall render satisfactory operation of the services for the total contract period i.e.

01 years (12 months) from the date of issue of work order. In the event of any defect in the

equipment/ Software/services arising during the service period / guarantee period, FSDA,

U.P. shall reserves the right to levy penalty and deduct from the Consultant’s monthly bills. 10.2 Time is the essence of the contract and the Consultant shall ensure that all the obligations

under the contract are completed within the agreed and stipulated time schedule. The

Consultant shall be solely responsible for all the delays including the delays caused by its

vendors. In case of delay in progress of the works, FSDA, U.P. reserves the right to withhold

the payment, cancel the contract unilaterally or complete the work departmentally or by

engaging another agency at the cost and risk of the Consultant. 10.3 If during the defect liability (project compilation) period any services performed found to be

defective, these shall be promptly rectified by Consultant at its own cost (Including the cost of dismantling and reinstallation) on the instruction of FSDA, U.P.

11 DEDUCTIONS : 11.1 Deduction of taxes at source shall be made from the bill of the Consultant in accordance with

the prevailing Income Tax rules. 11.2 While performing under the contract, the damages caused by the Consultant or his sub-

Consultant/ workmen/ property of FSDA, U.P. shall be promptly made good by the

Consultant at his own cost. In case the Consultant fails to cover up the damage/lapses, FSDA,

U.P. shall have the right to take steps to make good the damages and all the cost on this

account shall be recovered from the bills of the Consultant or any money due to the

Consultant from this arising out of this contract or any other contract or any other

transaction with FSDA, U.P. or any of its unit. In determination of the damage, the opinion of

the Officer-In-Charge (OIC) shall be conclusive.

11.3 Any dues arising out of failure on the part of the Consultant to carry out any obligation under

the contract shall be deducted from the bills of the Consultant or from any money due to the

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Consultant from this contract or any other contract or transaction made by the Consultant

with FSDA, U.P..

12 OFFICER IN CHARGE:

The Officer-In-Charge (OIC) for this contract shall be officer in charge of Government Public

Analyst Laboratory, Sector C, Aliganj, Lucknow, U.P.

13 TIME EXTENSIONS: The Consultant may request for extension of the time limits in case of :-

a) Delay is caused by FSDA, U.P.. b) Force Majeure However, it is the discretion of FSDA, U.P. to extend the time limit.

14 TERMINATION FOR DEFAULT: 14.1 FSDA, U.P. may, without prejudice to avail any other remedy within existing law of India for

breach of contract by the Consultant, by written notice of default sent to the Consultant,

terminate the contract in whole or in part :-

(i) If the Consultant fails to execute the work within the period as specified in the contract,

or any extension granted by FSDA, U.P.;

(ii) If the Consultant fails to perform its obligation under the contract and if the Consultant

does not cure, after receipt of a notice of default, its failure within the time specified in

the notice. The notice of default shall specify the nature of default as well as the time

within which the default has to be cured by the Consultant. 14.2 In the event of FSDA, U.P.’s termination of the contract in whole or in part, FSDA, U.P. may

execute the remaining work or services undelivered by the Consultant, and the Consultant

shall remain liable to FSDA, U.P. for any excess cost for such works or services etc. and risks,

if any. 14.3 FSDA, U.P. will pay the Consultant, for all the services that are completed satisfactorily within

Thirty (30) days after the Consultant’s termination and pay the Consultant an agreed amount

for partially completed services duly certified by the Officer–In-Charge. The payment shall be

made only after all the aforementioned services are accepted by FSDA, U.P. 14.4 In case of termination of contract for default by the Consultant, FSDA, U.P. may not permit

the Consultant to participate in any of the future tender of FSDA, U.P.. 14.5 The contract may be terminated by either party by giving written notice to the other, at least

Ninety (90) days in advance and neither party shall have any right of any claim on the other

on account of such termination. 15 FORCE MAJEURE: 15.1 In the event of Consultant is delaying in performing its obligations in the contract, and such

delay is caused by force major including war, civil resurrection, strikes (other than the strike

solely by the Consultant’s or his sub-Consultant’s men), fire, flood, epidemics, earthquakes,

extremely adverse climatic conditions, such delay may be excused and the period of such

delay may be added to the time of performance of the obligations without any addition to

the contract price. 15.2 If a force majeure situation arises, the Consultant shall promptly notify FSDA, U.P. in writing

of such condition and the cause thereof, but not later than 7 days from its occurrence.

Unless otherwise directed by FSDA, U.P. in writing, the Consultant shall continue to perform

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its obligations under the contract as far as reasonably practicable. The Consultant shall

demonstrate to FSDA, U.P.’s satisfaction that it has used its best endeavor to avoid or

overcome such causes of delay and the parties will mutually agree upon remedies to

mitigate or overcome such causes of delay without having any right to any claim on account

of such force majeure. 16 INSURANCE: 16.1 All the manpower deployed by the Consultant should be suitably insured against any injury /

accident/ death at his own cost & the Consultant should ensure also the same from his sub-

Consultant. 16.2 The Consultant shall indemnify FSDA, U.P. against all losses and claims in case of death or

injury or accident caused to any manpower deployed by the Consultant and his sub-

Consultant or any outsider during the execution of the work. 16.3 The Consultant should have proper insurance against its equipments. 17 COMPLIANCE WITH STATUTES, REGULATIONS:

The Consultant shall comply in all respects, with all statutes and regulations as may be

necessary, including clearance from State/Central Govt. authorities, Pollution Control Boards,

labour enforcement and local authorities for successful carrying out of his work as per scope.

The Consultant shall, at all times during the continuance of the contract, so far as it may be

necessary, comply with all the existing enactments including Central and State legislation as

well as any by-laws of any local authorities regarding labour, particularly the Minimum wages

Act, Factories Act, Workmen’s Compensation Act, Employees’ Provident Fund and Family

Pension Fund Act, Employees’ State Insurance Act, Contract Labour (Regulation and

Abolition) Act, Payment of Wages Act, Maternity Benefit Act, National and Festival Holidays

Act, Shop and Establishment Act, The Apprentice Act and keep FSDA, U.P. indemnified against

any loss or claim arising out of contravention of the provisions of the above said enactments

by the Consultant. The price quoted by the Consultant in the Price Bid shall be deemed to

include all expenses whatsoever the Consultant may be required to incur for the compliance

with the provisions of the above said legislation. The Consultant shall make necessary

arrangements for FSDA, U.P. to witness the payment made by the Consultant to his staffs. 18 INDEMNIFICATION:

The Consultant shall indemnify, protect and defend at its own cost, FSDA, U.P. and its

authorize representative and employees from and against any / all actions, claims, losses or

damages arising out of

1. Any violation by the Consultant in course of its execution of the contract of any legal

provisions or any right of third parties on the Consultant & sub-Consultant;

2. Consultant’s failure to exercise the skill and care required for satisfactory execution of the

contract. 19 CONDUCT:

The Consultant, at all times during execution of the contract, shall take all measures

to prevent any unlawful, riotous or disorderly conduct by or amongst his staff at the site and

for the preservation of peace and protection of persons and property at the work site as well

as in the neighborhood of the works.

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20 EXTENSION OF CONTRACT PERIOD:

The present contract is for a period of one year (12 months). Upon satisfactory performance

by the successful bidder, the contract period may be further extended as per FSDA, U.P.’s

discretion, based on mutually agreed terms & conditions.

21 UNDERTAKING BY THE CONSULTANT:

Having understood all the terms and conditions of the tender document and having assessed

the site conditions, Consultant should undertake & confirm that the price offered by them is

a firm price and includes all the taxes, duties, fees, CESS etc. and all incidental charges

(excluding service tax).

22 RESOLUTION OF DISPUTE:

22.1 FSDA, U.P. and the Consultant shall make every effort to resolve amicably, by direct discussion

on any disagreement or dispute arising between them in connection with the contract.

However, in case of failure of negotiation between FSDA, U.P. and the Consultant, the parties

shall refer their present and future disputes relating to the contract itself or arising out of or

concerning or in connection with or in consequence of the contract to the Commissioner, FSDA,

U.P. whose decision shall be final and binding on both the parties. The contract shall be

governed by the Indian Contract Act, 1872.

22.2 All such disputes, which could not be settled at the intervention of Commissioner, FSDA, U.P.,

shall be subjected to the jurisdiction of the courts at Lucknow only and the writ jurisdiction of

Hon’ble High Court of U.P.

23 Proposed deliverables with time frame, for full filling the requirements of NABL Certification from

Documentation-Training-Internal Aduit-to the award of NABL Certification, are mentioned in

prescribed format

24 Deliverables with Time Frame

(Since FSDA, U.P. wishes NABL Accreditation at the earliest possible, the bridder should specify the minimum time required for seeking NABL Accreditation)

Sr.No Deliverables Time Frame (In Weeks) to . be filled up by bidder

1. Site visit & pre-assessment of existing systems.

2. Recommendation on replacement/modification of existing testing infrastructures if any.

3. Awareness program

4. Training to Lab Personnel 5. Preparation of quality manual & Procedure manual &

Other documents/formats

6. Review of document

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7. Internal audit 8. Application for NABL Accreditation

9. External auditing by NABL

10. Removal of non-compliances

11. Award of NABL Accreditation certificate 12. Any other activity, if required

25 Payment schedule

Sr.No. Mile Stones Payment in Percentage of Total Quoted Consultancy

Charges after completion of work

mentioned against each payment.

1. Recommendation on replacement/modification of 5%

existing testing infrastructures if any. 2. Awareness program 5% 3. Training Lab Personnel 10% 4. Preparation of quality manual & Procedure manual & 10%

Other documents/formats

5. Review of document 5% 6. Internal audit 10%

7. Application for NABL Accreditation 10%

8. External auditing by NABL 10% 9. Removal of non-compliances 5% 10. Award of NABL Accreditation certificate 30%

26 PENALTY:

26.1 If completion of work is delayed beyond the 12 months schedule, the consultant shall be liable

to pay to the Purchaser as penalty for delay, a sum of 0.5% (half percent) of the contract

price for every week delay or part thereof.

26.2 The total amount of penalty for delay under the contract will be subject to a maximum of five

percent (5%) of the contract price.

26.03 The FSDA, U.P. may, without prejudice to any method of recovery, deduct the amount for such

penalty from any amount due or which may become due to the consultancy . or EMD.

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Annexure – I (Tender Specification No. FSDA/ Lab. Accreditation/2015-16 Dated: /11/2015)

ABSTRACT OF GENERAL TERMS AND CONDITIONS OF CONTRACTS

(Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi for chemical & biological scope)

1. Whether the bidder is a Manufacturer/ consultant /Service provider/Agents/Company furnished relevant documents On qualifying criteria: Yes / No

2.Required Cost of Tender Furnished ( M.R / Bank Draft Details)--------------------------------------

3. Required Earnest Money Furnished:- Bank Draft Details to be mentioned) -------------------------------- -----------------------------------------------------------------------------------------------------------

4. Past supply experience including user’s certificate furnished or not: - Yes / No

5.Audited annual reports along with Profit & Loss Accounts

for the last 3 years furnished or not: Yes / No

6.Deviation to the specification , if any furnished

as per format at Annexure VI ( A) & VI (B) ):- Yes / No

7.Whether agreed to FSDA, U.P.’s work completion schedule: Yes / No

8.Whether agreed for 210 days’ validity of offered Prices Yes / No

9.Whether the Prices are FIRM? Yes / No

10.Whether agreed to furnish security deposit in shape of

B.G. encashable at Lucknow in case his tender is successful Yes / No

11.Whether agreed to stipulated penalty for delayed delivery/Work completion: - Yes / No

12.Whether agreed to FSDA, U.P.’s standard terms of payment

(Clause-27 of Section V): Yes / No

13.Valid ITCC & STCC furnished or not: Yes / No

14. Address with the e-mail for correspondence & contacting----------------------

person with mobile no to be furnished.

Signature of the bidder

With seal of company

This form is to be duly filled up & ink signed by the Bidder with seal & submitted along with the Part-I bid of tender.

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Annexure-II

(Tender Specification No. FSDA/ Lab. Accreditation/2015-16 Dated: /11/2015)

Format of Information to be submitted by the Bidder

1. Name, Address and Telephone Number of

the tendering agency (Consultants, Firms & Companies)

2. Number of Experts Available with The tendering Agency (Consultant/Firm/Company) Sl.No. Name & Designation of Qualification Experience in years

Expert

1.

2. 3.

4.

Note : Experience & capability should be directly related to accreditation of Energy Meter Testing Laboratory.

3. Total experience of providing consultancy for NABL Accreditation, in years.

A Name of Clients (Laboratories) who have received NABL Accreditation through the

firm during the last 3 years.

Sl.No. Name & Address of the Certificate No. Date of Award of Scope Client (Laboratory) Certificate

1.

2. 3.

4.

B. Name of the Client (Laboratories) to whom the firm is in process of

providing consultancy for acquiring NABL Accreditation. i.e. assignment in hand.

Sl.No. Name & Address of the Date of Scope Time frame as per Client (Laboratory) Appointment as Terms of reference Consultant

1.

2.

3.

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Credentials and Firm Profile

A. Year Of Establishment B. Organization Structure (Enclosed a separate sheet) C. Introduction of the Consultancy firm in brief with areas of activity and area of

core expertise.

D. Firm’s important achievements E. Firm’s Financial Standing (Turn over of last three year)

F. Whether the firm is a QCI (Quality Council of India) approved consultancy firm

G. Profile of Key Personnel (Consultants) of the firm [Provide details on parameters given below]

Name, Qualification, Designation, Field of core expertise, Total experience, Period of association with the firm, languages proficiency and significant achievement.

5. Details of Demand Draft of Rs.5000.00 (Rs. Five Thousand Only) submitted as EMD 6. Proposed deliverables with time frame, for full filling the requirements of NABL Certification

from Documentation-Training-Internal Audit-to the award of NABL Certification, are to be mentioned in a prescribed format.

7. Deliverables with Time Frame (Since FSDA, U.P. wishes NABL Accreditation at the earliest possible, the bidder should specify the minimum time required for seeking NABL Accreditation)

Sr.No Deliverables Time Frame (In Weeks)

1. Site visit & pre-assessment of existing systems.

2. Recommendation on replacement/modification of existing testing infrastructures if any.

3. Awareness program

4. Training Lab Personnel 5. Preparation of quality manual & Procedure manual &

Other documents/formats

6. Review of document 7. Internal audit

8. Application for NABL Accreditation

9. External auditing by NABL

10. Removal of non-compliances

11. Award of NABL Accreditation certificate 12. Any other activity, if required

Signature of the bidder With seal of company

This form is to be duly filled up & ink signed by the Bidder with seal & submitted along with the Part-I of tender documents.

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Annexure-III

(Tender Specification No. FSDA/ Lab. Accreditation/2015-16 Dated: /11/2015)

Price Schedule for the work of Providing Consultancy services for NABL Accreditation under ISO/IEC-17025:2005 of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi

for chemical & biological scope.

Sl Particulars Price (Rs.) Price in words

No

1. CONSULTANCY (Technical and Management) for NABL Accreditation

to Food testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi

within a period of twelve Months which includes Pre assessment, Formal & informal technical guidance, Training,

Preparation of all Manuals, Standard

Operating Procedures (SOP's) and documents required for Accreditation as per NABL requirements, read with ISO 17025/2005, Internal Audits, assisting at the time of NABL Audit including all expenses towards paper works, NABL auditors visit etc. will be borne by the

consultant agency.

Signature of the Bidder With name, designation and seal

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ANNEXURE IV (A)

(Tender Specification No. FSDA/ Lab. Accreditation/2015-16 Dated: /11/2015)

(TECHNICAL DEVIATION FORMAT)

Clause Prescribed as per Tender Deviation in the bidder's Offer

No Specification

Bidder’s Signature with Seal.

N.B : The bidder has to mention all technical deviations in his offer which differs from the Technical Requirement of this Tender in above format. Deviations not mentioned in above format but mentioned in any other format or in any other part of the offer document shall not be considered as deviation and the bidder shall be deemed to have accepted our technical requirement without deviation.

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ANNEXURE IV (B)

(Tender Specification No. FSDA/ Lab. Accreditation/2015-16 Dated: /10/2015)

(COMMERCIAL DEVIATION FORMAT)

Clause Prescribed as per Tender Deviation in the bidder's Offer

No Specification

Bidder’s Signature with Seal.

N.B : The bidder has to mention all commercial deviations in his offer which differs from the Commercial Requirement of this Tender in above format. Deviations not mentioned in this format but mentioned in any other format or in any other part of the offer document shall not be considered as deviation and the bidder shall be deemed to have accepted our commercial requirement without deviation.

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(ANNEXURE-V)

(Tender Specification No. FSDA/ Lab. Accreditation/2015-16 Dated: /11/2015)

SELF DECLARATION FORM

Name of the Purchaser: ----------------------------

Tender No: -------------------------------------------

Sir,

i) I/We, the undersigned do hereby declare that, I/We have never ever been blacklisted

and / or there were no debarring actions against us for any default in performance of

the contract entrusted to us in any of of India.

ii) In the event of any such information pertaining to the aforesaid matter found at any

given point of time either during the course of the contract or at the bidding stage,

my bid / contract shall be liable for truncation / cancellation / termination without

any notice at the sole discretion of the FSDA, U.P..

Yours faithfully, Place- Date- Signature of the bidder

With seal

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ANNEXURE – VI

(Tender Specification No. FSDA/ Lab. Accreditation/2015-16 Dated: /11/2015)

PROJECT EXPERIENCE

(To be kept with Part –I Technical Bid Envelop) Experience:

Role of the Name of the Relevant

DD/MM/YY DD/MM/YY bidder in Sector in Proof to

Sl. Project/ assignment which be

Scheme of award of of completion assignment enclosed.

No. Name assignment

of

was awarded Enclosed

assignments :- (Yes/No)

NOTES: - (1) Work Order(s) copies should be attached (2) Performance Certificate(s) from the Client(s) to the above received work order(s) should be

attached. (3) Non-disclosure of any information in the Schedule will result in disqualification of the bidder.

We do hereby undertake that the above information furnished by us are correct .

We do hereby undertake that the Originals shall be presented for verification, if required by FSDA, U.P..

SIGNATURE OF THE BIDDER WITH DESIGNATION & SEAL