F. No. A-136/D1T (IT & Audit)/M.B. security/201S-16/ 1'13&

3ll'I<RF.$Tr.I'I (3ll'I<R 3ltt~ <rt'nm) DIRECTORATE OF INCOME TAX (INCOME TAX)

faqn .-j ~ I ('14, '( I;;JH{ct fct1:mT Ministry of Finance, Department of Revenue

tITml'rm;r.r, ~ Ilo.!, 'IWlTO~, ~~ - 110001

5 th Floor. Mayur Bhawan, Connaught Circus, New Delhi · 110001 Dated: 30.03.2016

Notice for Inyitjnl: Open Tender

On behalf of the Directorate of Income Tax (IT) New Delhi open tenders are invited from licensed reputed parties/ firms! companies! agencies well experienced in Security Services for security arrangement of the office premises of Income Tax office from 1At Floor to 6111 Floor in Mayur Bhawan Building. Connaught Place, New Delhi- 110001, with the help of 12 security personnel.

Tender documents shall be accompanied by a Demand Draft/Banker's Cheque for Rs. l ,OOO/- (Rupees One Thousand only) drawn on any Nationalized Bank in favour of the Joint Director of Income Tax (Admn.), 0/0 the Directorate of Income Tax (11), New Delhi towards cost of the tender form. Tender is invited in two parts, i.e. (1) qualifying bid and (2) financial bid. The tender form for qualifying bid In the pro-forma prescribed in Annexure-I and the tender form for the financial bid in the pro-forma prescribed in Annexure-II, complete in all respects, sealed separately, and kept in sealed cover together, should be super scribed as ~Quotation for Security Services" and should be submitted to the AADlT (Admn.) % The Directorate of Income Tax (IT) New Delhi, Room No-SI2, StI1 Floor. Mayur Bhawan, Connaught Circus. New Delhi-ll0001. (IN SEALED BOX KEPT IN ROOM NO. 512)

The Tender documents alongwith instructions, scope of work and terms & conditions can be downloaded from the web site www.incometaxindla.gov.in. OR www.E.Procyrement.eoy.jn or can be collected from the % AADlT (Admn.) % The Directorate of Income Tax (IT) New Delhi, Room No-S12. Sth Floor, Mayur Bhawan, Connaught Circus, New Delhi-110001.

1. Last date of sale of tender form 26.04.2016 till 3 P.M. 2. Date & Time for submission of quotations up to 27.04.2016 till 1 P.M. 3. Date & Time of Opening of Quotations 28.04.2016 at 11.00 A.M.

Place of Opening of Tender Bids - Conference Hall, Sill Floor, Mayur Bhawan, Connaught Circus, New Delhi-110001.

Incomplete tender/tender received beyond date/time notified above shall be out rightly rejected.

(ROOP ~#£~) Addl. Asstt.DIT (Admn.)/

Drawing and Disbursing Officer (DOO) New Delhi

Phone No. 011-23417368

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INSTRUCTIONS FOR TENDER

1. The office of the Directorate of Income Tax (IT). New Delhi, requires the services of a reputed, well established, financially sound and well experienced in Security Services Company /Firm/ Agency for providing security services for Income Tax Office in Mayur Bhawan, Connaught Circus, New Delhi.

2. The contract is to be for One Year w. e. f. .............. to .................... The period of the contract may be further extended after the completion of contract at that time if this office requires to continue with the present arrangement for providing security services and is satisfied with the state of Security arrangements or may be curtailed / terminated before the contract period owing to deficiency in service or substandard quality of Security Arrangement by the selected Company / Firm / Agency. This office, however. reserves right to terminate the initial contract at any time after giving one week's notice to the selected service providing Company / Firm / Agency.

3. The tendering Company /Firm/ Agency is required to enclose photocopies of the documents. duly attested by a Gazetted Officer only, as per the requirements of Technical Bid as given in the Annexure-I, failing which their bids shall be summarily / out rightly rejected and will not be considered any further.

4. Conditional bids shall not be considered and will be out rightly rejected at the very first instance.

S. All entries in the tender form should be legible and filled clearly. If the space for furnishing of information is insufficient, a separate sheet may be attached. No overwriting or cutting is permitted In the Financial Bid Form. In such cases, the tender shall be summarily rejected. However, the cuttings, if any, in the Technical Bid Application must be initialed by the person authorized to sign the tender bids. All the pages of the bid shall be signed by the authorized signatory in ink with rubber stamp or the agency.

6. The envelope containing Technical Bid shall be opened first on the scheduled date and time, in the Conference Hall, 5th Floor office of the Directorate of Income Tax (IT), Mayur Bhawan, Connaught Circus, New Delhi-llOOOl in the presence of the duly authorized representatives of the Company / Firm / Agency, if any, who wish to be present on the spot at that time. The Technical Bids shall be evaluated by a Technical Evaluation Committee. Financial bids of technically qualified, eligible bidders meeting all the requisite criteria only shall be opened on a date & place to be notified later in presence of short listed contractors or their authorized representatives.

7. The competent autho rity of Office of the Directorate of Income Tax (IT), New Delhi, 5th

Floor, Mayur Shawano Connaught Circus, New Delhi-llOOOl reserves the right to annul any or all bids without assigning any reason.

B. The bidder shall quote the technical & financial bids as per the format enclosed at Annexure I & II.

A. TECHNICAL REQUIREMENTS FQR THE TENDERING COMPANY! FIRM! AGENCY The tendering Service Provider Company / Firm / Agency should fulfill the following technical specifications:

i. The Registered Office or one of the Branch Offices of the Service Provider Company / Firm / Agency should be located within the National Capital Territory of Delhi.

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ii. The Service Provider Company / Firm/ Agency should be registered with the appropriate registration authority.

iii. Service Provider Company / Firm/ Agency should have at least five years experience in providing similar services to private and/or public sector Company/Banks and Government Departments etc.

iv. Service Provider Company / Firm / Agency should have its own Bank Account. v. Service Provider Company / Firm/ Agency should exist on the records of Income Tax and

Service Tax Departments. vi. Service Provider Company / Firm / Agency should be registered with appropriate

authorities under Employees Provident Fund and Employees State Insurance Acts. vii. The Service Provider Company / Firm/ Agency should have completed at least one service

contract of value not less than Rs.10 lakh per annum related to providing similar services in a single contract.

viii. The Service Provider Company / Firm / Agency must have a turnover of Rs.SO lakh per year during the last three financial years.

ix. The Service Provider Company / Firm / Agency has to submit the Audit Report u/s 44AB of the Income Tax Act, 1961 along with Balance Sheet and Profit & Loss Account for the preceding three Assessment Years.

x. The Service Provider Company / Firm / Agency shall submit affidavit stating that the agency is / has not been black listed by Central Government / State Government / any PSU.

xi. The Service Provider Company /Firm/ Agency should be equipped with automated well trained security personals. A list of the personnel is to be enclosed separately giving their education qualification etc.

xii. Attested copy of satisfaction certificate from the present office(s) in which the Service Provider Company/Firm/Agency is providing similar services has to be enclosed separately.

Non compliance with any of the above conditions by the Service Provider Company / Firm / Agency will amount to non-eligibility for the services for which tender has been floated and its tender will be ignored summarily.

B. FRAUD AND CORRUPT PRACTICES L The applicant and their respective officers, employees, agents and advisers shall observe

the highest standard of ethics during the Bidding Process. Notwithstanding anything to the contrary contained herein, the Office may reject an Application without being liable in any manner whatsoever to the Applicant if it determines that the Applicant has, directly or indirectly or through an agent. engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process.

ii. Without prejudice to the rights of this Office under Clause i. hereinabove. if an Applicant is found by the Office to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, such Applicant shall not be eligible to participate in any tender issued by this Office during a period of2 (two) years from the date such Applicant is found by the Office to have directly or indirectly or through an agent. engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice as the case may be.

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iii. For the purposes of the clause i, the following terms shall have the meaning hereinafter respectively assigned to then:

a) "Corrupt practice" means (I) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process or (II) save and except as permitted, engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the LOA or after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the Agreement, who at any time has been or is a Jegal, financial or technical advisor of the Authority in relation to any matter concerning the Project;

b) "fraudulent practice" means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process;

c) "coercive practice" means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence to any person's participation or action in the Bidding Process;

d) "undesirable practice" means (I) establishing contact with any person connected with or employed or engaged by the Authority with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (II) having a Conflict of Interest; and

e) "restrictive practice" means forming a cartel or arriving at any understanding or arrangement among Applicant with the objective of restricting or manipulating a full and fair competition in the Bidding Process;

C. LEGAL

i. The Service provider shall be responsible for compliance of all statutory provisions relating to Minimum Wages, Employees Provident Fund, Employees State Insurance, Service Tax and any other Laws/ Taxes/ Acts/ Rules etc. Governing the matter/ issues etc. If at any point of time it is noticed that the Contractor is not meeting out any procedures/ taxes/ Acts/ Rules then that will be met out. out of the Performance Security Deposit made by the contractor.

ii. The Service provider shall also be li able for depositing all taxes, levies, Cess etc. on account of service rendered by it to the office of the Directorate of Income Tax (IT), 5th Floor, Mayor Bhawan, Connaught Circus, New Delhi-llOOOl to the concerned tax collection authorities from time to time 3S per extant rules and regulations on the matter.

iii. The Service provider shall maintain all statutory registers under the applicable laws. The Agency shall produce the same, on demand, to the concerned authority of this Office or any other authority under Law.

iv. The Tax Deduction at Source (T.O.S.) shall be done as per the provisions of Income Tax Jaw, as amended from time to time and a certificate to this effect shall be provided to the Agency by this Office.

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v. In case, the tendering Agency fails to comply with any statutory provision/ taxation liability under appropriate law and as a result thereof the Office is put to any loss,/ obligation, monetary or otherwise, the Office will be entitled to get itself reimbursed out of the outstanding bills or the Performance Security Deposit ofthe Agency, to the extent of the loss or obligation in monetary terms.

D. FINANCIAL

i. The Technical Bid should be accompanied with an Earnest Money Deposit (EM D), refundable, of Rs.1.00,000/· (Rupees One lakh only) in the form of Demand Draft/ Pay Order drawn in favour of the "Joint Director of Income Tax (Admn.), % the Directorate of Income Tax (IT), New Delhi" failing which the tender shall be rejected out rIghtly.

ii. The EMD in respect of the Agency which does not qualify the Technical Bid (First Stage) / Financial Bid (Second competitive stage) shall be returned to it without any interest. However, the EMD In respect of the successful bidder shall be adjusted towards the Performance Security Deposit. Further, If the Agency fails to provide services against the initial requirement within 15 days from date of placing the order, the EMD shall stand forfeited without giving any further notice.

The work-contract bid amount should be presented with following bifurcation -:

(a) Category Charges per Worker per Number of Totat Charges month (Inclusive of all workers to per Month per amounts legally payable be Guard to worker e.g. PF. ESI etc. ) employed to be mentioned in clear & specific manner

Guards (b}Commission/servlce charges of the concern per month (c) Total charges per month ra+bl (d) Service Tax & Other Taxes (if aDDlimble) Total Amount to be paid by the 0/0 Directorate of Income Tax (IT) New Delhi per month

iii. The bid may be rejected ifit is not complete in any respect.

iv. An affidavit (on the stamp paper of Rs. 100/-) is required to be submitted by the bidder regarding the fact that the persons employed by the contractor for the above work shall be the employees of the bidder for all intents and purposes and, in no case, shall a relationship of employer-employee between the said persons and the % the Directorate of Income Tax (IT), New Delhi shall accrue implicitly and explicitly and the bidder shall also be solely responsible for providing all the statutory benefits ( as per

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relevant laws) e.g. P.F., ESI, Bonus, Gratuity, Leave etc. to eligible Security Staff employed by it . The affidavit should also contain a declaration that bidder shall make payment of compensation under the Works-man Compensation Act or any other applicable Acts or Enactments in case of injury or death of any of its workers. The affidavit should also contain a declaration that the bidder shall take care of all other statutory liabilities as well, in the most sincere manner and shall solely be responsible for the same.

v. Furnishing oHalse, misleading. inaccurate information or particulars in the bid document or in any other manner shall lead to the disqualification of the bid and the bidder at any stage or time. It shall also lead to termination of the contract. if awarded.

vi. The % the Directorate of Income Tax (IT), New Delhi will have a right to elect the suitable bidder most suited and responsive to its requirement.

vii. Bids, offering rates which are lower than the minimum wages (as applicable for the NCT of Delhi) for the pertinent category, would be rejected.

viii. The successful bidder will have to deposit a Performance Security Deposit for a sum of Rs. 1,00,000/- (Rupees One Lacs only) within 15 days from date of placing the formal order. The performance security will be furnished in the form of the Account Payee Demand Draft or Bank Guarantee drawn in favour of the Directorate of Income Tax (IT), New Delhi or Fixed Deposit Receipt (FDR) from a scheduled Bank made in the name of Service Provider Company/ Firm/ Agency but hypothecated to the Directorate of Income Tax (IT), New Delhi, Sit! Floor, Mayur Shawan, Connaught Circus, New Delhi-110001. The performance security should remain valid for a period of 60 days beyond the date of completion of all the contractual obligations of the vender. The Department shall not pay any interest on the Performance Security Deposit.

ix. In case of breach of any terms and conditions stipulated in the contract, the performance security Deposit of the Agency will be liable to be forfeited by this Office besides annulment of the contract.

x. The Agency shall raise the bill, in triplicate, along with attendance sheet to the Division under whom the outsourced personnel has been deployed in the first week of the succeeding month. The concerned office/officer will send the bills duly verified to the office of the Directorate of Income Tax (IT), 5th Floor, Mayur Shawan, Connaught Circus, New Delhi-llOOOI for sanction and payment. As far as possible the payment will be released after receipt from the Accounts Officer, Field Pay Unit, New Delhi.

xi. The Claims in bills regarding Employees State Insurance, Provident Fund, and Service Tax etc. should be necessarily accompanied with documentary proof pertaining to the concerned month bill. A requisite portion of the bill/ whole of the bill amount shall be held up till the proof is furnished, at the discretion of this Office. The copies/ tax receipts/ tokens deposited in respective offices should be shown to this office on monthly basis.

xii. Settlement of disputes will be as per Indian Arbitration and Conciliation Act-1996 and venue will be the Office of the Directorate oflncome Tax (IT), 5th Floor, Mayur Bhawan, Connagut Circus, New Delhi-l10001. It is clarified that the sole arbitrator to adjudicate

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any disputes arising out of the proposed contract shall be nominated / appointed by the Director of Income Tax (IT), New Delhi and he /she shall not be a person below the rank ofClT (Commissioner of Income Tax/Director of Income Tax),

xiii, The Office of the Directorate of Income Tax (IT), New Delhi, 5th Floor, Mayur Bhawan, Connaught Circus, New Delhi-ll0D01 reserves the right to withdraw/ relax any of the terms and conditions mentioned in the tender document so as to overcome any of the problem encountered at any stage.

E. EVALUATION CRITERIA

Technical Bid Parameters:-

S.N •. Parameters Marks 1 Experience with Government Agencies/ 100

PSUsjPrt Agencies

Welght·age· 0.4 Minimum score of 60 is a must.

i. The Tender Committee will be constituted by the Office to evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference. applying due criteria. A Proposal shall be rejected at this stage if it does not respond to important aspects of the Technical Proposal, and particularly the criteria or sub-criteria or if it fails to achieve the minimum technical score,

ii. Financial Proposals will remain unopened for those Agencies which fail to achieve the minimum technical scores. Financial Proposals shall be taken up only for those agencies who meet the minimum qualifying mark and will then be inspected to confirm that they have remained sealed and unopened. Thereafter these Financial Proposals shall be opened, and the total prices read aloud and recorded.

iii. The lowest evaluated Financial Proposal (Fm) will be given the maximum financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals will be computed as indicated in the Data Sheet. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; F = the weight given to the Financial Proposal; T + F = 1) indicated in the Data Sheet: S = St x T% + Sf x F%. The firm achieving the highest combined technical and finanCial score will be invited for negotiations. The formula for determining the financial scores is the following:

Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration.

The weights given to the Technical and Financial Proposals are-

Technical (T) = 0.4, and Financial (PI = 0.6 iv. No negotiation will be undertaken with any tenderer except the highest points achiever.

Evaluation of Technical and Financial Bid will be as per the formula given in Annexure-S

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SCHEDULE-I

SCOPE OF WORK for providine security Services

1) PERSONNEL REQUIRED:

1.1) The personnel to he deployed should have sound medical fitness, good physique, moral character. experience and training to handle any type of security hazards.

1.2) Proper uniform and identification cards must be provided to the personnel and Supervisor by the Contractor. The Supervisor should monitor all jobs throughout the day and all workers at his disposal. The security gaurds & supervisor must maintain highest discipline in the office.

2) DUTIES OF SECURITY PERSONNEL:

(2.1) DAILY WORK

a) Providing round the clock general security service and guarding the office premises, assets and building or anything else ofthe Income tax offices as Quoted above.

b) Patrolling through the length and breadth of the Building at frequent intervals,

c) Keeping vigil against trespassing by Strangers. Vehicles etc.

d) Monitoring the movement of the people coming inside and going outside the Building. When an outside vehicle approaches to enter the building. due entry of the vehicle and the person's details shall be noted in a Register kept in the Security Guard Room at the gate. All outside vehicles leaving the building will be checked for any item which is being taken outside. With regard to office premises, items taken out for repair by staff/outsiders should have Valid Gate Pass for the same from the concerned officials

(2_11) EMERGENCY WORK

1) In case of emergency the security personnel will have to be provided on requisition from the authority by the contractor.

(3) INSPECTION:

The contractor should see that the Guards are properly deployed on all the floors and required points round the clock

The contractor shall not sublet transfer or assign this contract or any part thereof to a third party without the prior approval of the office of the Directorate of Income Tax (IT), New Delhi.

The authority will lie with the inspecting. deputed officer of the department to terminate and ask for the defaulting attendant to leave the premises in case of indiscipline, lack of duties and

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unbecoming behavior within 24 hours and the contractor or his deputed supervisor shall replace the said guard within 24 hours of the receipt of complaint oral /written.

(4) COMMON AREA:

(i) The surroundings of this building including car parking. cycle sheds, canteen etc. shall be properly watched out

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SCHEDULE-II

TERMS AND CONDITIONS OF THE CONTRACT

1. The contractor will dep loy 12 Security Personnel and Security personnel shall ensure the Safety and Security of the entire premises which includes Income Tax office premises and parking area.

2. Security personnel should have minimum high school qualification, working knowledge of English and Hindi languages. good physique, at least 2 years experience of rendering security services and knowledge of fire fighting. They should be in between 25 to 45 years of age and bear good moral character. They should be smartly dressed up and they should be courteous to the visitors', staff and officers while doing their duty.

3. The contractor shall provide suitable and clean uniforms to the Security personnel engaged by him. It should also be ensured that the uniforms are not in worn out condition and are washed and ironed daily and are clean and tidy.

4. Security personnel should wear complete uniform with all the accessories- Cap, Belt, Badge, Insignia, black shoes, socks, warm clothing. coat etc. They should also display their identity cards all the time while on duty. They should be equipped with security equipments like; searching and frisking equipments, DFMD/HHMD installed at main gates/ entry gate and anti sabotage checking arrangements.

S. The contractor will supply one good quality whistle, torch, strong lathi as per requirement, to each Security personnel.

6. The contractor shall communicate to the % the Directorate of Income Tax (IT), New Delhi the names, parentage, residential addresses, age, photograph, proof of the identity and proof of address etc. of the Security personnel deployed.

7. The Contractor shall get the police verification done of the credentials of the workforce to be employed by him in the premises and keep the original thereof with him /them for production to the Income Tax Office as and when desired. However a certified copy of police verification shall be submitted to the Income Tax office.

8. Security personnel should not smoke or indulge in any unhygienic activities at any public place which is prohibited under the law.

9. Security personnel shall maintain 'in and out' duty register for themselves.

10. Security personnel shall be responsible for physical verification of the persons of other service prOViders/contractor engaged in the entire above mentioned campus going in and outside the premises and maintain their 'in and out' record.

11. Security personnel shall be responsible for proper entry of the visitors and vehicles after receiving due permission from concerned officials/contractors/ over intercom / phone. The Security personnel should ensure that no unauthorized person enters into the premises. They shall maintain records of visitors along with the vehicles which enter the office

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premises. They shall also ensure that vehicles are parked only in the designated parking area.

12. Security personnel shall be responsible for physical verification / counting of incoming and outgoing material. Security personnel should ensure that material:; exit only through gate pass / challans issued by the competent authority. Specimen signature(s) of the authorized officials must be kept on record by Security Agency for verification purpose.

13. Security personnel shall lend support to the premises in periodical checking of all fire extinguishers and fire hydrants installed in the premises.

14. Security personnel shall be responsible for maintenance of key register and maintenance of key records.

15. Security personnel shall ensure that no beggar, salesman, or animal enters in the premises or hawkers put their shops/stall near the boundary walls.

16. It is explicitly made clear and understood by the contractor that the persons employed by the contractor for the above work shall be the employees of the contractor for all intents and purposes and in no case shall a relationship of employer-employee between the said persons and the % the Directorate of Income Tax (IT), New Delhi shall accrue implicitly and explicitly.

17. The contractor shall keep % the Directorate of Income Tax (IT), New Delhi indemnified against all the claims whatsoever in respect of the employees deployed by the contractor at various pOints.

18. The contractor shall maintain proper records of the attendance of the security personnel engaged by it for rendering security services and ensure that gates will never remain unattended by security guard/guards.

19. The contractor is solely responsible for the statutory payments such as ESI, EPF etc. paid to the concerned authorities. Proofs of such payments have to be produced as and when required.

20. The contractor will be paid the contractual amount per month for the above services and except the above amount this office will not pay anything either to the contractor or its security personnel. If additional security personnel in excess of the number specified in the contract are specifically required by the office on any occasion. the payment for such additional personnel shall be made to the contractor as per the minimum wages rate prescribed by the competent authority.

21. The contractor shall abide by the Minimum Wages Act and other applicable enactments. rules and regulations. In case of variation in minimum wages, the contract amount will be modified to the extent of setting off the increase in the wages payable by the contractor to its security personnel/other workers under this contract.

22. The Contractor shall be solely and exclusively liable and responsible to its security personnel or other workers for the following:

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a. The payment of wages, allowances and other benefits as per provisions of Minimum Wages Act or any other applicable act or enactments in force from time to time.

b. The payment of compensation under the Workman's Compensation Act or any other applicable acts or enactments in case of injury or death of any of its security personnel/other worker.

c. Any other allowances or benefits as admissible under different laws, rules and enactments to security personnel/ other employees, including weekly rest / off day's leave, national holidays etc.

23. The security personnel/other workers deployed by the contractor for the work / service as specified in this document shall be the employees of the contractor / services provider for all intents and purposes and in no case shall a relationship of employer and employee between this Office and said persons shall accrue implicitly or explicitly.

24. The Contractor shall be duty bound to obtain and possess all the statutory registrations, licenses, permissions, approvals etc. from the Competent Authorities for providing required services as per the terms and conditions of the contract and furnish the copies thereof to the 0/0 the Directorate of Income Tax (IT), New Delhi as and when required. In case the contractor fails to do so, the contract shall be terminated.

25. The Contractor agrees and undertakes to bear all taxes, rates, charges, levies or claims whatsoever as may be imposed by the State/Central Govt. or any local body or any other authority.

26. The Contractor shall be responsible for any damage to the land & buildings, equipments, furniture & fixtures, vehicles, other items and articles within the said premises, if such damage in the opinion of the Office is due to negligence or carelessness or any fault on part of the contractor or its employees or workers or agents, the Contractor shall be liable to pay to the % the Directorate of Income Tax (IT), New Delhi such amount in respect of such damage as may be assessed by % the Directorate of Income Tax (IT), New Delhi.

27. Without prejudice to the preceding terms of contract, the contractor will be liable to reimburse the % the Directorate of Income Tax (IT), New Delhi any cost or legal liability / penalty / fine imposed on the % the Directorate of Income Tax (IT), New Delhi by any authority, because of any misconduct or any act of omission or commission of the contractor or any of the workers / subcontractors / agents / any other persons deployed by the contractor.

28. The % the Directorate of Income Tax (IT), New Delhi shall make the contract payment as per the payment schedule mentioned below:

i. Monthly bills complete in all respects submitted by the contractor, will normally be paid as early as possible. No advance payments shall be made.

ii. Following deductions/adjustments shall be made from the bills before making the payment:

a. Income Tax deduction at source as per statutory provisions. b. The amount equivalent to any damages / Ioss etc. caused to % the Directorate of Income

Tax (IT), New Delhi which is attributable to the contractor, and c. Any other charges (penalties and other deductions etc.).

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29. The contractor shall be provided space to store the materials and other equipments required to be used for rendering Security services during the continuance of contract

30. The contractor shall be permitted to consume water and electricity for rendering the service contract and the cost of these items shall be borne by the Office. They shall be allowed to use the toilet facilities also.

31. Annual maintenance of the equipments provided by the Income Tax Office to the Contractor will be the Office's responsibility.

32. Any change in the constitution or ownership of the concern of the contractor shall be notified forthwith by the contractor in writing to the % the Directorate of Income Tax (IT), New Delhi and such change shall not relieve any former member of the concern from any liability under the contract No new person shall be accepted into the concern by the contractor in respect of this contract unless he/they agree to abide by all the instructions and terms & conditions of the contract

33. Any change in staff/guard/supervisor of the contractor must be informed to the building supervisor OR ·0/0 Addl. Asstt. D1T (Admn.), Room No. 512, 5'" Floor, Mayur Bhawan, Connaught Circus, New Delhi·ll0001.

34. The % the Directorate of Income Tax (IT), New Delhi reserves the right to reject any particular guard/staff /supervisor employed by the Contractor without assigning any reason thereof. Such staff will have to leave the campus at short notice and will be replaced by the suitable substitute. The Contractor shall furnish a detailed list of his employees along with their addresses, photo identity proof to the Building Supervisor "0/0 AddJ. Asstt. DlT (Admn.), Room No. 512, 5th Floor, Mayur Bhawan. Connaught Circus, New Delhi-llOOOl". The security personnel/other workers of the contractor shall have no right to stay in the building beyond their duty hours.

35. The E.M.D. (i.e. Rs. 1.00.000/-) submitted by the Contractor with the pre-qualification bid. would be held by the Office of Income Tax as Security Deposit and shall be refunded upon furnishing the performance bank guarantee and signing the contract. No interest shall be payable by the Office of Income Tax on EMD.

36. The contractor will be required to deposit a Performance Bank Guarantee from a Scheduled Commercia. Bank of Rs, 1,00,000 (One Lakhs ) for due fulfillment of the contract. The Bank guarantee should be executed in the Performa given in Annexure-3. It should be valid till the expiry of Two Months period beyond the date of completion all the contractual obligations of the contractor. The bank guarantee must be submitted within 15 days from date of placing of order. This security shall be liable to forfeited in the event of any breach or non-observance of the terms of the contract by the contractor or premature termination of the contract on part of the contractor for any reason. The performance bank guarantee will be renewed by the contractor, if the contract is extended after the normal expiry period of the contract.

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37. If the contractor fails to deploy requisite number of security personnel as per the terms of the contract or their staff is found missing. the Office shall impose a penalty of Rs. 500/· per person per day for short deployment of staff.

38. The Office shall have the right to withhold any reasonable sums from the amounts payable to the Contractor under this contract, if the Contractor commits breach of any of the terms and conditions with regard to payment of all statutory and other dues or compliance with statutory or other obligations.

39. After the award of contract, the contractor shall be initially on trial for two months, subject to fortnightly review of performance. The continuance of the contract for the remaining period shall be subject to the satisfactory performance during the trial period.

40. This agreement shall be in force only for a period of one year from the date of execution of the contract and may be extended for a further period of maximum twelve months at a time after a review of Contractor's performance at the sole discretion of the % the Directorate of Income Tax (IT), New Delhi on the same terms and conditions.

41. In the event of instances of the gross misbehavior, theft, burglary, moral turpitude, misuse of the occupied area, breach of contract, unsatisfactory services etc. by the Contractor or by any staff/agent of the Contractor, % the Directorate of Income Tax (IT), New Delhi may forthwith terminate this Contract summarily without previous notice to the contractor and Contractor shall have no claim whatsoever against The % the Directorate of Income Tax (IT), New Delhi or any of its officers in consequence of such termination.

42. In case the Contractor assigns or sub·contracts this contract to some other person or attempts to do so, the Office shall have the right to terminate the agreement without giving any notice to the contractor.

43. The % the Directorate of Income Tax (IT), New Delhi shall have the right to unilaterally terminate the contract without specifying or assigning any reasons for the same, by giving one month's notice to the contractor. In such a case % the Directorate of Income Tax (11), New Delhi shall return the performance guarantee to the contractor within ten days after termination of the contract subject to the clearance of any damages due upon the contractor and vacation of the premises.

44. On termination of contract by this Office for any reason whatsoever, this Office shall be entitled to engage the services of any other person, agency or Contractor to meet the requirements without prejudice to its rights including claim for damages against the Contractor.

45. The Performance Bank Guarantee will be released by the % the Directorate of Income Tax (IT), New Delhi on the expiry of the contract only if all the articles have been handed over to the % the Directorate of Income Tax (IT), New Delhi and the equipment and property under the security of the Contractor have not been damaged. In case of any damage to the articles, equipment or property attr ibutable to contractor, an amount equivalent to the damages will be intimated to the contractor and will have to be paid by the contractor before the Performance Bank Guarantee is released. In case of delay of more than 15 days in

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payments, % the Directorate of Income Tax (IT), New Delhi may, at its discretion, recover the same amount from the Performance Bank Guarantee.

46. The Contractor shall co-operate with the other Contractors/service providers and their workers working in the building.

47. All disputes arising out of this contract shall be subject to the jurisdiction of Courts of New Delhi.

48. However, no dispute shall be taken by either of the parties to the contract, to any court of law without first referring it to an arbitrator, who will be appointed by the % the Directorate of Income Tax (IT), New Delhi and any decision of the arbitrator will be final and binding on both parties. and shall not be appealable in any court of law, except on the grounds of mala fide or perversity.

49 If in the opinion of the Department, the contractor engages inadequate number of employees or does not execute the work in a satisfactory manner or in accordance with the terms and conditions of the contract, the Department may get the work done through a third party contractor, without any written notice to the contractor, the cost of which shall be recovered from the contractor from the monthly payment and/or the money available with the Department as performance guarantee.

50 In the event of the Department deciding to renew this contract on the same terms as embodied or such other modified terms as it may think fit and proper, the Department shall communicate the decision to the contractor prior to the expiry of this agreement, in which event the parties to this agreement shall be governed by such documents for future or further transactions.

51 Liaison shall be maintained with our officers-in-charge concerned for smooth and efficient perfonnance of duties of the guards.

52 It shall be the responsibility of the contractor to comply with the service conditions of its employees including fixation and payment of their wages. However, in order to keep the Department informed. for the purpose of the Department's statutory responsibilities and liabilities if any, as may be applicable from time to time. the contractor shall intimate the Department, the details of wages paid to the workmen and if the need arises to depute its representative to be present at the time and place of disbursement of wages by the contractor and inspect relevant records if any. The Department may verify such payments made in the wage register maintained by the contractor.

53 The contractor shall indemnify and shall keep the Department indemnified against acts of omission or negligence, dishonesty or misconduct of the men engaged for the work and the Department shall not be liable to pay for any damages or compensation to such person or to third party.

54 The contractor shall, at all times, indemnify the Department against any claim which could arise under the workmen's Compensation Act, 1953 and/ or under any statutory notification thereof or otherwise in respect of any damages or compensation in consequence of any accident, injury sustained to any of the workmen engaged by the contractor or other persons whose entry into the Department premises has been authorized by the contractor.

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The contractor shall Insure all the personnel engaged for this job and such policy shall be produced to the Department on demand.

55 In the event of any exigencies, the Department shall have discretion to call upon the contractor to provide such additional personnel as may be necessary In its opinion for the purpose of effectively carrying out the services contemplated in this agreement.

56 All damages caused by the contractor or that of the contractor's employees or by any other personnel arising out of its employee's instruction shall be charged to the contractor and recovered from its dues/bills or adjusted against the performance bank guarantee.

57 Failure by the contractor to comply with any statutory requirements and/or the terms of the agreement during the period of contract shall result in deductions from the bill at the rate fixed by the Department for each lapse and/or termination of the contract and subsequent disqualification from participation in any future tender of the Department and/or any other government department.

58 The contractor is liable for payment of penalty at the discretion of the Department up to a maximum of Rs.1,000/- (Rupees one thousand only) per instance for poor services, inadequate staff, use of the office properties by the personnel employed by the contractor etc. and/or for non-compliance of any terms of the contract and the same shall be recoverable from the bills payable to the contractor. This applies to all the work covered in this contract.

59 Besides the above, an undertaking in the following format shall also be furnished:- "The contractor hereby agrees to undertake that he shall abide by and conform to the various provisions in so far as they relate to him as specified in Contract Labour (R&A) Act, 1970".

60 The personnel will attend to work punctually at the prefixed/determined timings and shall be well-behaved and mannered.

61 The contractor and the employees engaged by the contractor will follow the entry and exit procedures of the department as may be determined by the department from time to time.

62 Close liaison will be maintained with our officers-in-charge concerned for smooth and efficient performance of duties of the guards.

63 The contractor will ensure that all the persons provided/engaged by the contractor will be the employees of the contractor and all disputes between the contractor and its personnel will have no bearing on the Directorate of Income Tax (IT). New Delhi and will not be responsible for any claims made by such persons and will not be liable in any manner. The contractor will be fully responsible for disciplined behavior of its workmen. The Directorate of Income Tax (IT). New Delhi will not be responsible in any way with regard to injury or mishap to the work force during their duty in the premises.

64 In case the contractor withdraws or the Directorate of Income Tax (IT), New Delhi terminates the contract for violation of terms and conditions and/or deficiency in services during the period of contract. the additional expenses in hiring a new contractor on

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temporary arrangement till the time of appointing a regular contract through a tender process, will be adjusted against payments to be made.

65 No negotiation will be undertaken with any tenderer except the highest points achiever.

66 The Supervisor engaged by the Contractor will have to monitor all jobs throughout the day and all personnel/workers must be at his disposal.

67 The employees/workers of the service provider will have no right to claim with the department/ the Directorate of Income Tax (IT), New Delhi or to claim absorption on completion of the above contract scheme.

68 The Performance Security Deposit will be forfeited if the Contractor backs out without the explicit consent of the department/the Directorate of Income Tax (IT), New Delhi.

69 If the performance of the service provider is not upto the mark or is not found satisfactory then the department/ the Directorate of Income Tax (IT), New Delhi will either engage another contractor and/or cancel the contract on one months notice.

70 The contractor will not sublet or transfer any part of the contract.

71 If the performance of any worker/personnel is found not satisfactory by this office then the contractor will be asked to replace him with immediately.

72 Payment will be made on monthly basis on receipt of bill. No advance payment will be made in any case. If any penalty is levied then that will be deducted from the monthly bills.

73 The department/the Directorate of Income Tax (IT), New Delhi or the contractor against the in case of any failure or omission due to natural calamities, hurricanes or due to any statute or regulations of the government or because of any lock outs, strikes, riots, embargos for any political reasons or otherwise beyond the control of any party including war (whether declared or not) civil war or state of insurrection, will give notice to other party within 15 days of the occurrence of such incident that on account of the above event the notifying party has delayed the performance of it was beyond its reasonable control and it was not due to negligence of default on its part.

74 Either party as or when it gives notice of force measure will provide confirmation of such event in the form of a certificate from the Government, the department/ the Directorate of Income Tax (IT), New Delhi or agency of Chamber of Commerce. The parties will be relieved of their respective obligation to perform, hereunder for so long as the event of force measure continues and to the extent their performance is affected by such an event of force measure provided notices as above are given and the force majeure is established as provided herein above.

75 In the event of any question, disputes or difference arising between the both parties relating to any interpretation and application ofthese provisions of this agreement, such disputes or differences shall be resolved amicably by the mutual consultations and on failure to do so will be referred for arbitration to the nominee of the Directorate of Income Tax (IT) New Delhi. The decision of arbitration to the agreement in this regard will be final and binding

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upon both the parties. The parties will continue to perform obligation under this agreement during arbitration proceedings.

76 The venue for arbitration will be New Delhi.

77 The actual numbers of employees/ personnel/workers and supervisors etc. so engaged by the contractor will be the wholesole criteria/decision on the part of the contractor and the department/ the Directorate of Income Tax (IT) New Delhi has nothing to say about that.

78 The guards deputed by the contractor shall have no privacy of contract with the Income Tax Department and they shall not be treated employees / part time workers or licensees of the department Le. the Income Tax Depamnent in any manner whatsoever for the purpose of wages / payments of any nature / or statutory obligations as per law of the land.

79 The engagement of employment is purely amongst the attendant and the contractors. The Income Tax Department has nothing to do with the same.

80 The Security personnel shall be deployed on rotation basis as and when needed. Any security guard should not be deployed for more than eight hours continuously and norms of labor laws & rules must be adhered to in this regard.

PAYMENT OF BILL:

The Contractor shall furnish the bill (in duplicate) towards his services during the month in the first week of the following month.

REPORTING OF SECURITY PERSONNEL:

The personnel deployed by the contractor shall report to the officer designated by the Directorate of Income Tax (IT) New Delhi in charge of security services and shall follow the instructions in respect of allocation of work on a day to day basis.

MISCELLANEOUS:

Complying with the legal rules and regulations of the State Government and Central Government governing the work contract would be the sole responsibility of the contractor.

The Department reserves the right to accept/reject any tender or all tenders without assigning any reason.

Sid (Roop Lal Mehta) Addl. Asstt.D1T I

Drawing and Disbursing Officer (000) New Delhi

Phone No. 011-23417368

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.lI11I'R~ffii1>I (.lI11I'R .ll\lo\lilT~ DIRECTORATE OF INCOME TAX (INCOME TAX)

Fcrm=r Ii ':41 (>FLI, '( IJFftC't fcn1m Ministry of Finance, Department of Revenue

'If<r;!r~.>l''!.'J!q.f.~~.~~ . 110001 5th Floor, Mayor Shawano Connaught Circus, New Deihl · 110001

Eligibility and Qualification Criteria Details for Outsourcing of Security Services

1. Name of the concern Z. Complete Address of the concern (with telephone No .•

Fax & E·maill 3. Complete Names and addresses of the

Partners/ Directors/Proprietor with mobile no. (in case of finn I Company I ~rODrletorshi D)

4. Contact person{s11 with mobile number 5. Whether the concern has experience of at least five years Yes/ No

in providing Security SelVices in Government organizations/ Government undertakings/ reputed banks. If yes kindly provide proof in case of any 01 Central Government organization.

6. I(Yes, Please furnish the CODY o(ISO 9001 Certification 7. Whether the concern has turnover of at least Rs. 1Crore Yes/No

per year during the last two finandal Years i.e. FYs 2013-14 & 2014-15. If yes, attach The certified copies of accounts for the same.

8. Whether the concern possesses all the statutory I non- YeslNo statutory registrations, permissions, approvals etc. from the Competent Authorities for providing required security services as per the terms and conditions of the bid document

9. Whether the concern has at least two ~Satisfactory Performance Certificates" from Government Organizations/ Government Undertakings I Reputed Banks (with whom the bidder had Contrilcts over Rs.5 Lacs durinll FY- 2013-14 and/or 2014-15.

10. Whether the affidavit (on the stamp paper of Yes/No Rs. 100/ -) regarding the fact that the persons employed by the contractor for the above work shall be the employees of the bidder for all intents anQ..p!,lrposes is submitted

11. Details of Earnest Money Deposit

ANNEXURE· l

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DECLARATION

I hereby certify that the information furnished above is true and correct to the best of my/our knowledge and belief. In case any deviation jdiscrepancy is found in the above statement at any stage, the contract will be terminated immediately and the concern wi ll be blacklisted. (Signature of owner or authorized Signatory with date)

Signature ......... ........ ..

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~~Jr.r'I (~Jlttolm'lfurr) DIRECTORATE OF INCOME TAX (INCOME TAX)

~ A'3IIt>l4, ,(I@t{afbn';r

Ministry of Finance, Department of Revenue qfu-ift~, "W 1iOif, if;ii'JC~, ~~. 110001

ANNEXURE·2

5t h Floor, Mayur Bhawan, Connaught Circus, New Delhi -110001

Financial Bid for hiring of Security Services

1. Name of the concern 2. Complete Address of the concern (with telephone

No., Fax & E-maJl1 3. Names and addresses of the Partners/ Directors

jProprietor with mobile no. (in case of fi rmi company I Proprietorship)

•• Contact oerson(s) I with mobile number 5. Permanent Account Number (attach copy) 6. Service Tax Re~istration Numberrattach copy) 7. Whether the concern possesses all the Yes/No

statutory/ non- statutory registrations, permissions. approvals etc. from the competent authorities for providing required setur ity services as per the terms and conditions of the bid document

S. Ca) Charges for security personnel per month with followlnR; bifurcation

(a) Category Charges per Worker per Number of Workers Total Charges per Month month (Inclusive of all to be Employed amounts legally payable to worker e.g. PF, ESI etc. ) to be mentioned in clear & specific manner

a) Guards (b) CommIssion/ service charges of the concern per month (c) Total charges per month (a+b] (d) Service Tax & Other Taxes (i/applicablej Total Amount to be paid by the % the Di rectorate of Income Tax (IT & Audit), New Delhi per month

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DECLARATION

I hereby certify that the information furnished above is true and correct to the best afmy/our knowledge and belief. I further certify that I shall abide by the provisions of the Minimum Wages Act In case any deviation/discrepancy is found in the above statement at any stage, the contract will be terminated immediately and the concern will be blacklisted. (Signature of authorized Signatory with date)

Signature .............. ..

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3!f'I1R~Tr.I'l" (3!f'I1R 3lttolm <Rrer) DIRECTORATE OF INCOME TAX (INCOME TAX)

f73qrUi :41 (if (I. « kit <t(q fin:rm Ministry of Finance, Department of Revenue

<iI'-<m>if.lr.J, "'!.'Wfif, ~~, ~~ -110001

ANNEXURE-3

5th Floor, Mayur Bhawan, Connaught Circus, New Delhi - 110001

FORM FOR PERFORMANCE GUARANTEE

IN CONNECTION WITH HIRING OF SECURITY SERVICES

To The President of India

WHEREAS ..................... (Name of address of the contractor) ............... ... (Hereinafter called ~the contractor") has undertaken, in pursuance of contract no ..................... ... ........................ . Dated .......................... to supply Security Services (hereinafter called Hthe contractor~).

AND WHEREAS it has been stipulated by you in the said contract that the contractor shall furnish you with a bank guarantee by a scheduled commercial recognized bank for the sum specified therein as security for compliance with its obligations in accordance with the contract;

AND WHEREAS we have agreed to give the contractor such a bank guarantee:

NOW Therefore we hereby affirm that we are guarantors and responsible to you, on behalf of the contractor, up to a total of .......................... .... ... ... ................ (amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the contractor to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without you needing to prove or to show grounds or reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the contractor before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the contractor shall in any way release us from any liability under this guarantee and we hereby waive notice ofany such change, addition or modification.

This guarantee shall be valid until the .............. day of ........ , 20

(Signature orthe authorized officer of the Bank)

Name and designation of the officer

Seal, name & address of the Bank and address of the Branch (Bank's common seal)

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3!flI1Ii< f.'Ialrr.r<r (3!flI1Ii< 3lk ~ <RmT) DIRECTORATE OF INCOME TAX (INCOME TAX)

~ "'1541('14, <l;;rHtCi fiU1m Ministry of Finance. Department of Revenue

tifu>!t>£r.r. ~ 1!<r.I. iIWIIC~, <lt~ . 110001

ANNEXURE-4

5th Floor. Mayur Bhawan, Connaught Circus, New Delhi -110001

DECLARATION ABOUT fRAUD AND CORRUPT PRACTICES

We certify that in the last three years, we have neither failed to perform on any contract. as evidenced by imposition of a penalty by an arbitral or judicial authority on a judicial pronouncement or arbitration award, nor been expelled from any project of contract by any public authority nor have had any contract terminated by any public authority for breach on our part

We declare that;

a) We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice or restrictive practice as defined in Section-B of Fraud and corrupt practice on the General Instructions for tender of the document, In respect of any tender 0

request fo r proposal issued by or any agreement entered into with the Authority or any other public sector enterprises on any Government. Central or State; and

b) We hereby certify that we have taken steps to ensure that in conformity with the provisions of Section-B of Fraud and Corrupt practice of the terms and conditions of the documents, no person acting for us or on our behalf has engaged In any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.

We certify that in regard to matters other than security and integrity of the country, we or any of our associates have not been convicted by a Court of law or indicated of adverse orders passed by a regulatory authority, which could cast a doubt on our ability to undertake the project or which relates to a grave offence that outrages the moral sense of the community.

We further certify that in regard to matters relating to security and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a Court of law.

We further certify that no investigation by a regulatory authority Is pending either against us or against our CEO or any of our Directors/ Managers/ Employees. DECLARATION·

I hereby certify that the information furnished above is full and correct to the best of my knowledge. I understand that in case any deviation is found in the above statement at any stage, the concern shall be blacklisted and shall not have any dealing with the Department In future.

(Signature of Authorized Signatory with date)

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ANNEXURE.S

EVALUATION CRITERIA (Technical Bid-Security)

Technical Bid Parameters

1. Experience with Goyernment A&encies/PSUs/Prjyate A&encies (Marks 50). In aHowing marks, bidder having maximum experience will be aHowed fuH 100 marks and others will be allowed marks proportionately.

Suppose there are four bidders with following experience:·

(i) A (ii) B (iii) C (iv) D

18 Years 15 Years 10 Years 08 Years

Score (Formula) SeE) = 100 x HITH

A. B. C. D.

= = = =

TH: Highest Number of years of experience quoted by a bidder of all the bidders.

H: Number of years of experience quoted by the bidder under consideration.

100 (being highest) 100 x 15/18 = 83.32 100 x 10/18 = 55.55 100 x 08/18 = 44.44

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EVALUATION CRITERIA (Financial bid)

Name of the Party Financial Proposal

A. Rs. 5,000/-B. Rs.6,000 / -c. Rs.7,000/-D. Rs.8,000/ -

Financial Score (Formula) Sf. = 100 x Fm/F

A. = B. = C. = D. =

Technical Score

A. B. C. D.

100 91.66 67.77 42.22

Fm : Lowest price quoted by a bidder of all the bidders. F : Price quoted by the bidder under consideration.

100 (being lowest) 100 x 5,000/6,000/- = 83.33 100 x 5,000/7,000/- = 71.42 100 x 5,000/8,000/· = 62.5

Weight-age for Technical and financial proposals.

Technical (T) = 0.4 Financial (P) = 0.6

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NOW. TOTAL SCORES OF THE BIDDERS (Tech + Financial)

Name of the PartY Technical (T) Financial (P) IlWIl

A.

B.

C.

D.

4- x Tech. 5core/10 6 x Fin. Score/10

4 x 100/ 10 = 40 6 x 100/ 10 = 60 100

4 x 83.32/10 = 35.33 6 x 83.33/10 = 49.99 85.32

4 x 55.55/10 = 22.22 6 x 71.42/10 = 42.85 65.07

4 x 44.44/10 = 17.77 6 x 62.5/10 = 37.5 55.27

Bids of C & D will be rejected straightaway as their Technical score is less than the minimum mandatory score of 70 out of 100.

Highest score of 100 obtained by Party A, therefore. contract may be given to Party A.

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