city & industrial development corporation …...cidco bhavan, cbd belapur, navi mumbai –400...

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SR. PUBLIC RELATION OFFICER

CIDCO of Maharashtra Limited,

6th Floor, CIDCO Bhavan, CBD Belapur,

Navi Mumbai – 400614, Maharashtra, INDIA

CITY & INDUSTRIAL DEVELOPMENT CORPORATION

OF MAHARASHTRA LIMITED

TENDER DOCUMENT

For

Appointment of Travel Agency for “BOOKING OF AIR

TICKETS (INTERNATIONAL/DOMESTIC)/ TRAIN

TICKETS/HOTELS/VEHICLES AND OTHER RELATED

SERVICES”

CA No: 01/CIDCO/PR/2016-17

2

CITY & INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED

Name of Work : Appointment of Travel Agency for booking of Air Tickets

(International / Domestic) / Train Tickets /Hotels / Vehicles and

other related services

C.A. No. : 01/CIDCO/PR/2016-17

EMD : Rs. 75,000/- (Seventy Five Thousand Only)

(To be paid via online payment Gateway Mode only)

Due On : 23.11.2016 / 11.00 hours on

website: https://cidco.maharashtra.etenders.in/

Bid Price : INR 5,300/- (Indian Rupees Five Thousand Three Hundred only)

(Rs. 5,000/- Bid Cost + Rs.300/- for VAT @ 6%)- Non Refundable,

to be paid via online payment Gateway Mode only

�OFFICE �

Senior Public Relations Officer

CIDCO of Maharashtra Limited,

6th Floor, CIDCO Bhavan, CBD Belapur, Navi Mumbai – 400614

Maharashtra, INDIA.

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TABLE OF CONTENTS

Part No. Description Page No.

Disclaimer 4

Glossary 6

Notice Inviting Proposal 7

Bidding Schedule 12

Part – I Technical and Financial Proposal 14

Annexure – A (Technical Bid) 16

Annexure – B (Financial Bid) 17

Undertaking 18

Part - II Technical & Financial Forms 21

Part - III Instructions to Bidders (ITB) 31

Forms of Agreement 50

Part – IV General Conditions of Contract 53

Performa of Agreeing to G.C.C. 78

Part – IV TERMS OF REFERENCE (TOR) 79

(Signature)

Authorized Signatory

Bidders Name & Seal

Sr. Public Relations Officer

Date :

4

DISCLAIMER

1. The information contained in this Bid Document or subsequently provided to

Bidders, whether verbally or in documentary form or otherwise by or on

behalf of CIDCO, or any of its employees, is provided to Bidders on the terms

and conditions set out in this BID document and such other terms and

conditions subject to which such information is provided.

2. This BID document is neither an agreement nor an offer by CIDCO to the

prospective Bidders or any other person. The purpose of this BID document is

to provide interested parties with information to assist in the formulation of

their Proposals for selection pursuant to this BID. This BID document includes

statements, which reflect various assumptions and assessments arrived at by

the CIDCO in relation to the Consultancy. Such assumptions and statements do

not purport to contain all the information that each Bidder may require. This

BID may not be appropriate for all persons, and it is not possible for CIDCO, or

its employees, to consider the consulting objectives, technical expertise and

particular needs of each party who reads or uses this BID. The assumptions,

assessments, statements and information contained in this BID document may

not be complete, accurate, adequate or correct and each Bidder should

conduct its own investigations and analysis and should check the accuracy,

adequacy, correctness, reliability and completeness of the assumptions,

assessments and information contained in this BID documentand obtain

independent advice from appropriate sources.

3. CIDCO, or its employees, make no representation or warranty and shall have

no liability to any person, including any Bidder, under any law, statute, rules or

regulations or tort, principles of restitution or unjust enrichment or otherwise

for any loss, damages, cost or expense which may arise from or be incurred or

suffered on account of anything contained in this BID or otherwise, including

the accuracy, adequacy, correctness, reliability or completeness of the BID and

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any assessment, assumption or information contained therein or deemed to

form part of this BID document.

4. CIDCO may in its absolute discretion, but without being under any obligation

to do so, update, amend or supplement the information, its assessment or

assumptions contained in this BID document. Such changes shall be intimated

to all the Bidders. In case additional period for submission, if required due to

such amendments, is necessitated the same shall be intimated to all the

Bidders.

5. The issue of this BID document does not imply that CIDCO is bound to select or

to appoint any Bidder for the Consultancy and it reserves the right to reject all

or any of the Bidders without assigning any reasons whatsoever.

6. CIDCO reserves the right not to proceed with the Bidding Process at any time

or stage, without notice or liability, and to reject any or all Bid(s) without

assigning any reasons whatsoever.

(Signature)


Bidders Name & Seal


Date :

6

GLOSSARY

A glossary of the different acronyms & terms used in the document is given below

with the reference of individual acronyms/terms. These are to be used in relation to

the interpretation of the acronyms/terms mentioned in the BID.

S.NO. ACRONYM REFERENCE TO

1. CIDCO City & Industrial Development Corporation of Maharashtra

Limited

2. Client City & Industrial Development Corporation of Maharashtra

Limited.

3. Agency Bidder

4. BS Bid Security

5. ITB Instruction to Bidders

6. IEM Independent External Monitors

7. DS Data Sheet

8. TFF Technical & Financial Forms

9. GCC General Conditions of Contract

10. PBG Performance Bank Guarantee

(Signature)


Bidders Name & Seal


Date :

7

NOTICE INVITING PROPOSAL

1. CIDCO of Maharashtra Limited through the process of e-tendering invites “On-

line” limited e-bid Proposal for Appointment of Travel Agency for booking of Air

Tickets (International / Domestic) / Train Tickets/ Hotels/ Vehicles and other

related services mentioned hereinafter :

2.

Sr.

No. Description Details

1. Name of Work: Appointment of Travel Agency for booking of Air Tickets

(International / Domestic) / Train Tickets/ Hotels/

Vehicles and other related services

2. C.A. No. 01/CIDCO/PR/2016-17

3. EMD Rs. 75,000/- (To be paid via online payment Gateway

Mode only)

4. Contract Period 36 (Thirty Six) Months

5. Bid Price: INR 5300/- (Indian Rupees Five Thousand and Three

Hundred only) (Rs. 5000/- Bid Cost + Rs.300/- for VAT @

6 %)- Non Refundable, to be paid via online payment

Gateway Mode only

3. This BID DOCUMENT is non-transferable. Joint Venture/Consortiums shall not

be permitted. The EMD of Successful bidder will be converted into a Security

deposit with CIDCO till its contract gets over.

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4.0 MANDATORY ELIGIBILITY CRITERIA:

4.1 The eligibility criteria for the Bidders have been provided in the table below;

Sr.

No.

Qualification Criteria Proof Required

1. Agency should be registered with

International Air Transport Association

(IATA) and Indian Railway Catering and

Tourism Corporation Ltd. (IRCTC).

Copy of Registration

Certificate from IATA and

IRCTC1

2. Agency must have at least 5 years

relevant experience in providing travel

related services for various reputed

organizations /Department of

Government of India/ Public Sector

Undertakings /Statutory bodies/MNCs.

Copy of Work orders/

Agreement with reputed

organizations

/Department of

Government of India/

Public Sector

Undertakings /Statutory

bodies/MNCs. for

providing travel related

services

3. Agency must have minimum average

Annual Billing (Turnover) of Rs. One

Crore per year during the last 3 years

Copy of Turnover

Certificate from a

Chartered Accountant.

4 Agency must be registered with Sales

Tax/Service Tax and other required

Authorities/ Departments, as applicable

for the trade.

Registration Certificate

5 Agency should have filed IT returns for

the last three Assessment Years. 2013-14,

2014-15, 2015-16

Copy of IT returns for

previous three years.

6 The agency should have Income Tax PAN

Number.

Copy of Pan card

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4.2 SCOPE OF WORK

The scope of work for the Bidders shall include but not limited to the following:

a) Timely delivery of tickets, Visa service, Passport service and any other

related services.

b) The agency will ensure that Visa, Transit Visa or any other formalities

required for international visits are fulfilled.

c) Sometimes tickets and other related service will be required on a very

short notice (2-3 hours) and also on holidays by the Chairman, HODs and

other Senior Officers of CIDCO.

d) The agency will provide 24 hours help line service number so that in case

of any emergency CIDCO /Traveler may contact the Agency.

e) The agency will inform the Traveler about the cancellation/rescheduling of

Flight by the Airlines.

f) In case the tickets are delivered after the scheduled date and time, the

agency will be solely responsible for the same and no payment will be

made for it.

g) Payment will be made by RTGS only against submission of monthly bills.

h) Booking and arranging of domestic railway tickets.

i) Assistance for obtaining visa and submitting passport at the embassies.

j) Obtaining travel related insurance including overseas medical

insurance.

k) The agency will be available at all times for booking /cancellation of both

air and railway tickets.

l) Submission of a formatted monthly statement of bills raised, the

statement should also include the cost of ticket of airline / railway.

m) Assisting CIDCO’s representatives in getting enrolled in frequent flyer

programs.

n) Booking of Hotels and Vehicles for the CIDCO’s representatives.

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GENERAL NOTES:

1) CIDCO reserves right to reject any or all Bids without assigning any reason and

the same shall be at the entire discretion of CIDCO. CIDCO’s decision in this

respect shall be final and binding.

2) In case of damaged documents / non accessible documents / relevant balance

documents of already uploaded documents not found after opening of

technical bids then the hard copies of that documents shall be accepted

subject to such documents shall being possession of the bidder before the

later date specified in the e-handover of the prepared documents.

3) Conditional Bids shall be summarily rejected

4) The offer shall remain valid for a period of one hundred twenty (120) days

from the later date specified in the e-handover of the prepared document.

5) EMD to be paid via online Payment Gateway mode only. The information of E-

Payment Gateway available on E-Tendering Website

http://cidco.maharashtra.etenders.in.

6) Cost of Blank Bid Document of Rs.5300/- (Indian Rupees Five Thousand and

Three Hundred Only) (Rs. 5000/- Bid Cost + Rs.300/- for VAT @ 6 %) - Non

Refundable, to be paid via online payment Gateway Mode only. The

information of E-Payment Gateway available on E-Tendering Website

http://cidco.maharashtra.etenders.in.

7) For further details regarding the above, contact Sr. PRO, CIDCO Ltd., 6th

Floor,

CIDCO Bhavan, CBD Belapur, Navi Mumbai –400 614. Tel. No.: 022-

67918241/47.

8) For any details regarding e-Tendering system (e-tender registration of the

bidder) in CIDCO, please contact service provider M/s. SifyNex Tenders (India)

Pvt. Ltd., Mob. No.: 8879333690, 9167969615, Help-Desk Support No. 020 –

30187500, website www.nextenders.com,

https:\\cidco.maharashtra.etenders.in

9) Bidders are required to pay professional fees / charges via on-line payment

gateway mode as per the prevailing rate at the later date specified in the e-

handover of the prepared documents, the present rate is Rs. 1054/- (Inclusive

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of all taxes) to the service provider M/s. SifyNex Tenders (India) Pvt. Ltd. for

uploading the documents and main Bid Document, etc..

Sr. Public Relations

Officer

Date :

12

BIDDING SCHEDULE

Name of Work : Appointment of Travel Agency for booking of Air Tickets (International

/ Domestic) / Train Tickets/ Hotels/ Vehicles and other related

services

C.A. No. : 01/CIDCO/ PR/2016-17

Sr.

No. CIDCO Stage Vendor Stage

Start Date &

Time (dd.mm.yy

Expiry Date &

Time (dd.mm.yy

hh:mm) hh:mm)

1

Main Proposal

Preparation &

Release

23.11.2016 23.11.2016

11.00 Hrs. 17.00 Hrs.

2 Main Proposal

Document Purchase

23.11.2016 19.12.2016

17.01 Hrs. 13.00 Hrs.

3

Receipt of Queries

from Bidders by

Email

23.11.2016 05.12.2016

13.01 Hrs. 17.00 Hrs.

4 Reply of queries to

Bidders

05.12.2016 13.12.2016

17.01 Hrs. 15.00 Hrs.

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Complete Technical

& Financial Bid

Preparation for

Online Submission

of Document, Main

Bid Financial

Proposal document

& Online bid

13.12.2016 19.12.2016

15.01 Hrs. 15.00 Hrs.

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Close New Entries

(Technical &

Financial)

19.12.2016 20.12.2016

15.01 Hrs. 18.00 Hrs.

7

E-Handover of the

prepared document

(e-confirmation of

online transfer of

document)

20.12.2016 21.12.2016

18.01 Hrs. 15.00 Hrs.

8

Opening & scrutiny

Original Document

(Technical bid

opening & Scrutiny)

21.12.2016 28.12.2016

15.01 Hrs. 17.00 Hrs.

9 Financial Bid

Opening (If possible)

28.12.2016 29.12.2016

17.01 Hrs. 17.00 Hrs.

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NOTE:

1) All bidders are required to submit original Undertaking and original power of

attorney for signing of bid within 3 working days from the date of Financial Bid

Opening during office hours in the office of Sr. PRO, CIDCO Ltd., 6th

Floor, CIDCO

Bhavan, CBD Belapur, Navi Mumbai. Failure or omission to submit the original

documents, as above, shall disqualify the bidder for this bid and also debar the

agency for issue of bids for further one year from the month of such

debarment.

2) Bidder may attend financial bid opening as mentioned above. No separate

intimation will be given regarding Bid opening.

3) Online pre- proposal queries should be uploaded on e-mail I.D.

[email protected] and the reply the queries, deemed as fit to be

replied to by CIDCO, as corrigendum will be uploaded as per time mentioned in

Bidding Schedule.

(Signature)


Bidders Name & Seal


Date :

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PART – I

TECHNICAL & FINANCIAL PROPOSAL

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(I) Guidelines for Submission of Bids: Interested agencies with requisite experience, may submit required documents in

two Parts (Technical and Financial bids respectively) as per given details below: Guidelines for submission of Technical Bid.

The agency has to submit all the required documents for the above assignments

along with the technical expertise, experience, and proof for similar assignment

handled in the past along with the required EMD and other relevant details as a part

of Technical bid as per the format-enclosed as Annexure A.

Guidelines for submission of Financial Bid. The agency has to submit the financial bid for implementing the assignment as per

the format enclosed as Annexure B

II- Bid Validity The bid must be valid for the period of 120 days from the date of financial bid

opening for placing the work order.

III- Technical Bid evaluation

a. Bids shall be evaluated to determine whether they are complete, whether any

computational errors have been made, whether documents have been properly

signed (all the pages should be signed) and whether bids are generally in order.

b. If there is any discrepancy between words and figures the amount in words shall

prevail. Prior to detailed evaluation, CIDCO will determine the substantial

responsiveness of each bid to the bid document. A substantially responsive bid is

one, which conforms to all the terms and conditions of the bid document,

without material deviation. A bid determined as substantially non-responsive will

be rejected by CIDCO.

c. CIDCO shall evaluate in detail and compare the substantially responsive bids and

comparison of bids shall be on the services offered inclusive of all the levies and

charges.

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TECHNICAL PROPOSAL

Annexure-A

Documents to be submitted during Technical Bid

Name of Agency: ______________________________________________________

1. Copy of certificate of

incorporation/partnership

deed/registration

Attested copy should be attached.

2 Agency should be registered with

International Air Transport

Association (IATA) and Indian

Railway Catering and Tourism

Corporation Ltd. (IRCTC).


3. VAT Registration Certificate Attested copy should be attached.

4. Income Tax PAN No. Attested copy should be attached.

5. Audited accounts statement for last

3 financial years – 2013-2014, 2014-

2015, 2015-2016.


6. List of Staff with qualification Attested copy should be attached.

7. Copy of work orders of past 5 years

Central/State Govt. etc.


8. The Agency must not be blacklisted

by central / state Government

departments/ undertakings


9. Near relative not working in CIDCO. Attested copy should be attached.

10. Non-Tempering of Document Attested copy should be attached.

11. Disclaimer Attested copy should be attached.

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FINANCIAL PROPOSAL

Annexure-B

Name

of Work

: “Appointmentof Travel Agency for booking of Air Tickets

(International / Domestic) / Train Tickets/ Hotels/ Vehicles and other

related services.

C.A.No. : 01/CIDCO/PR/2016-17

SR.NO. ITEM Service charges per Unit

in figures

Service charges

per unit in words

A. AIR TRAVEL

Booking / Cancellation of Air tickets

1. Domestic

2. International

B. Railway tickets

Booking / Cancellation of Train tickets booking

1 Indian Railways

2 Foreign Railways

C. Other Services

1. Visa service charges

2. Hotel Booking

3. Vehicle charges per km of running all

over India for Sedan car only

D Discount of Air tickets

(Quote in %)

E Discount on Hotel Tariff rates

(Quote in %)

Lowest quote= A1 X 0.10 + A2 X 0.10 + B1 X 0.15 + B2 X 0.05 + C1 X 0.15 + C2 X 0.05 +

C3 X 0.15 + D X 0.15 + E X 0.10

Notes:

1. It is compulsory to fill the amount both in words and figures.

2. No escalation on any account will be payable on the above amounts.

3. Inclusive of all applicable tax, Service tax &Cess.

4. I, understand that my tender is liable to be rejected if I fail to fill the amount

both in words and figures.

5. The rate will be increased by 7% per year if extension is granted by CIDCO for

subsequent years.

(Signature) Authorized Signatory

Bidders Name & Seal

Sr. Public Relations

Department

Date :

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UNDERTAKING

(On Letter Head, to be attached to “Technical Proposal”)

(Date and Reference)


CIDCO Ltd., CIDCO Bhavan,

6Th

floor, C.B.D., Belapur,

Navi Mumbai - 400 614.

Maharashtra - INDIA.

Dear Sir,

I/We, _______________________________________________ (Name of Agency)

having examined the BID Document and understood its contents, hereby submit our Bid for

selection as "Appointment of Travel Agency for booking of Air (International / Domestic) /

Train Tickets/Hotels/Vehicles and other related services." and state that:

1. All information provided in the Bid and in the Appendices is true and correct

and all documents accompanying such Bid are true copies of their respective

originals.

2. This statement is made for the express purpose of seeking eligibility for and

bidding for the Consultancy for the aforesaid Project.

3. I/We shall make available to CIDCO any additional information it may find

necessary or require to supplement or authenticate the Selection statement.

4. I/We acknowledge the right of CIDCO to reject our Bid without assigning any

reason or otherwise and hereby waive our right to challenge the same on any

account whatsoever.

5. We certify that in the last three years, we have neither failed to perform on

any contract, as evidenced by imposition of a penalty or a judicial

pronouncement or arbitration award, nor been expelled from any project or

contract nor have had any contract terminated for breach on our part.

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6. I/We declare that:

(a) I/we have examined and have no reservations to the BID Documents,

including the Addendum(s) issued by CIDCO;

(b) I/we do not have any conflict of interest in accordance with Clause 1.11

of ITB; and

(c) I/we hereby certify that we have taken steps to ensure that no person

acting for us, or on our behalf, will engage in any corrupt, fraudulent or

coercive practices to influence the Selection Process.

7. I/We understand that you may cancel the Selection Process at any time

without incurring any liability to the Bidder and that you are neither bound to

accept any Bid that you may receive nor to select any Bidder.

8. I/We certify that we have not been convicted by a Court of law or indicted or

adverse orders passed by a regulatory authority which would cast a doubt on

our ability to undertake the Project or which relates to a grave offence that

outrages the moral sense of the community, and I/We further certify that in

regard to matters relating to security and integrity of the country, we have not

been charge-sheeted by any agency of the Government or convicted by a

Court of Law for any offence committed by us or by any of our sister concerns.

9. I/We further certify that no investigation by a regulatory authority is pending

either against us or against our sister concerns or against our CEO or any of

our Directors/ Managers/employees.

10. (Name of Bidder) hereby irrevocably waives any right it has at any stage at law

or howsoever otherwise arising to challenge or question any decision taken by

CIDCO and / or the Government of Maharashtra in connection with the

selection of a Bidder or in connection with the Selection process itself in

respect of the above mentioned Project and the terms and implementation

thereof.

11. A Power of attorney as perform in Appendix-I Annexure-I favour of the

authorized signatory to sign and submit this Bid and documents is also

attached herewith. The Integrity Pact as per Appendix – B.

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We confirm that in the event of our proposal being selected for award of Bid

as well as any resulting contract, all required documents will be:

i) signed so as to legally bind me/us, and

ii) Submitted with a confirmed Deed of Agreement.

Thanking you,

Yours faithfully,

(Signature, Name & Designation of the Authorized Representative)

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PART-II

TECHNICAL AND FINANCIAL FORMS

22

TFF-1

LETTER COMPRISING BID

To,


6th

Floor CIDCO Bhavan,

C.B.D Belapur,

Navi Mumbai - 400 614

Phone: 022 67918241/47

Fax:

Email: [email protected]

Subject : Bid for Appointment of Travel Agency for Booking of Air Tickets

(International/Domestic) / Train tickets and other related Services

Dear Sir,

1. With reference to your Tender document dated ________, we, having examined

the tender document and understood its contents, hereby submit our Bid for

Appointment of Travel Agency for Booking of Air (International/Domestic) / Train

tickets and other related Services. The Bid is unconditional and unqualified.

2. All the information provided in the Bid and in the Appendices is true and

correct.

3. I/We shall make available to the Authority any additional information it may

find necessary or require to supplement or authenticate the Bid.

4. I/We acknowledge the right of the Authority to reject our Bid without assigning

any reason or otherwise and hereby waive our right to challenge the same on

any account whatsoever.

5. I/We certify that in the last three years, we have neither failed to perform on

any contract nor been expelled from any project or contract nor have had any

contract terminated for breach on our part.

6. I/We understand that you may cancel the Bidding Process at any time and that

you are neither bound to accept any Bid that you may receive nor to invite the

Bidders to Bid for the tender, without incurring any liability to the Bidders.

23

7. I/We confirm that the EMD of Rs.75000/- (Rupees Seventy Five Thousand Only)

have been paid by me/us through online payment gateway.

8. I/We agree to keep this Bid valid for 120 (one hundred and twenty) days from

the Bid Due Date specified in the Tender.

9. I/We agree and understand that the Bid is subject to the provisions of the

Tender. In no case, I/we shall have any claim or right of whatsoever nature if

the Tender is not awarded to me/us or our Bid is not opened or rejected.

Dated…………….at ……….. (Dated signature of Tenderer with Stamp of Firm)

24

TFF-2

INFORMATION OF BIDDER

Sl.No. Items Information/Inputs to be filled in

by the tenderer

1. Name and address of the agency/company,

telephone number, fax mobile number, email

address

2. Type of organization (Whether

Proprietorship, partnership, private

proprietor/partners

3. Name and address of the

Directors/Proprietor/Partners

4. Year of formation of the agency/company

5. Nature of business carried out by the

agency/company

6. Branches in other cities in India and abroad

7. Is the Agency registered with International

Air Transport Association(IATA) and Indian

Railway Catering and Tourism Corporation

Ltd. (IRCTC)? Please indicate details and

Attach a copy thereof.

8. Banker’s name and address

(Bank solvency certificate to be attached)

9. Total no. of employees of the agency. (Please

attach details)

10. Income tax Returns for the last three financial

Years 2013-2014, 2014-2015, 2015-2016 (please provide copies of IT returns)

25

TFF-3

UNDERTAKING

I have read the terms and conditions of the tender document and understand that in

case of any of the statement furnished by the undersigned is found to be false OR if

any / all the terms and conditions are not complied with, the tender is liable to be

cancelled and the earnest money deposited shall be forfeited by CIDCO . I agree that

the decision of the CIDCO in this regard would be final and binding on the tenderer.

I also certify that, I have understood all the terms and conditions indicated in the

tender document and hereby accept the same completely.

Date :

Place :

Signature of the authorized signatory of the

agency with official seal/ stamp

26

TFF-4

Declaration regarding no relative working in CIDCO

(To be executed & attested by Public Notary/Executive Magistrate on Rs 100/- Stamp

paper by the Applicant)

CERTIFICATE

I _____________________________, S/o ___________________________,

R/o_____________________________________ hereby certify that none of my

relative(s) is/are employed in CIDCO Ltd. as per details given in tender document. In

case at any stage, it is found that the information given by me is false/incorrect,

CIDCO Ltd. shall have the absolute right to take any action as deemed fit, without any

prior information to me.

Signature ____________________

(For and on behalf of the

contractor)

Name

__________________________

Place

__________________________

Date

___________________________

27

TFF-5

Declaration towards Non – tampering of tender document

I/we declare that:

Proprietor/Partner(s)/Director(s) of -------------------------------- hereby declare that I/we

has/have not tampered the Tender documents vide Tender No: -----------------------------

---------------------------- downloaded from website:

Signature

Name

Name and Address of Firm

28

TFF-6

Declaration regarding blacklisting / debarring from taking part in govt. Tender by dot

/govt. Dept

(To be executed & Attested by Public Notary / Executive Magistrate on Rs. 100/-

Stamp Paper by the Applicant.)

I / We ---------------------------------------- hereby declare that the firm / company namely -

---------------------------------------------------------------------------------------------- has not been

blacklisted or debarred in the past by DOT any other Government organization from

taking part in Government tenders.

Or

I / We ---------------------------------------- hereby declare that the firm / company namely -

---------------------------------------------------------------------------------------------- was

blacklisted or debarred by _________________________ from taking part in

Government tenders for a period of ------------ year’s w.e.f. ---------------.

The period is over on ---------------------- and now the firm/ company are entitled to

take part In Government tenders.

In case the above information found false I/We are fully aware that the tender/

contact will be rejected/ cancelled by CIDCO Ltd. and EMD/SD shall be forfeited

In addition to the above CIDCO Ltd. will not be responsible to pay the bills for any

completed / partially completed work.

Signature-------------------------------

Name -------------------------------------

Capacity in which as signed: ---------------------------

Name & address of the firm:--------------------------

Seal of the firm should be Affixed

Date: Signature of Applicant with seal

29

TFF-7

Power of Attorney for signing of Bid

Know all men by these presents, We…………………………………………….. (name of the firm

and address of the registered office) do hereby irrevocably constitute, nominate,

appoint and authorize Mr./Ms.(Name), …………………… son/daughter/wife of

……………………………… and presently residing at …………………., who is presently

employed with us and holding the position of ……………………………. , as our true and

lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on

our behalf, all such acts, deeds and things as are necessary or required in connection

with or incidental to submission of our Bid for empanelment and submission of our

Bid for the …………………………… proposed or being developed by the CIDCO including

but not limited to signing and submission of all Bids, bids and other documents and

writings and providing information/ responses to the Authority, representing us in all

matters before CIDCO, signing and execution of all contracts and undertakings

consequent to acceptance of our Bid, and generally dealing with the Authority in all

matters in connection with or relating to or arising out of our Bid for the said project.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,

deeds and things done or caused to be done by our said Attorney pursuant to and in

exercise of the powers conferred by this Power of Attorney and that all acts, deeds

and things done by our said Attorney in exercise of the powers hereby conferred shall

and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, …………………………. THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..

For …………………………..

(Signature, name, designation and address)

Witnesses:

1.

(Notarized)

2.

Accepted

……………………………

(Signature)

(Name, Title and Address of the Attorney)

30

Notes:

• The mode of execution of the Power of Attorney should be in accordance with

the procedure, if any, laid down by the applicable law and the charter

documents of the executant(s) and when it is so required, the same should be

under common seal affixed in accordance with the required procedure.

• Wherever required, the Applicant should submit for verification the extract of

the charter documents and documents such as a board or shareholders’

resolution/ power of attorney in favour of the person executing this Power of

Attorney for the delegation of power hereunder on behalf of the Applicant.

• For a Power of Attorney executed and issued overseas, the document will also

have to be legalised by the Indian Embassy and notarised in the jurisdiction

where the Power of Attorney is being issued. However, the Power of Attorney

provided by Bidders from countries that have signed the Hague Legislation

Convention 1961 are not required to be legalised by the Indian Embassy if it

carries a conforming Appostille certificate.

31

PART – III

INSTRUCTIONS TO BIDDERS

32

INSTRUCTIONS TO BIDDERS

1.0 GENERAL

Bids are invited for Appointment of Travel Agency for booking of Air

(International / Domestic) / Train Tickets/ Hotels/ Vehicles and other

related services

This Bid Document consists of following:

i) Instructions to Bidders (ITB)

ii) General Conditions of Contract

iii) Proforma of Agreeing to G.C.C.

iv) Technical Proposal

v) Financial Proposal (Schedule – A)

vi) Terms of Reference (TOR)

1.2 Detailed description of project, CIDCO’s Requirements, Scope of

Services, and period of professional assignment related with this

Consultancy service are prescribed in the Terms of Reference.

1.3 In case the prospective bidder considers that its firm possesses the

requisite experience and the capabilities required for undertaking the

assignment, it may submit a bid in response to this invitation. The

manner in which the bids are required to be submitted, evaluated and

accepted is explained in the various provisions of this document.

1.4 Prospective Bidders are encouraged to inform themselves fully about

the assignment before submitting the bid by paying visits to CIDCO / by

sending pre-proposal queries to CIDCO. No cost of such visits is

reimbursable.

1.5 Financial Proposals of only those bidders who are qualified in

accordance with the Eligibility will be opened.

1.6 The costs of preparing the Proposals and subsequent meetings, if any

including visits to CIDCO office are not reimbursable.

1.7 CIDCO is not bound to accept any of the Proposals submitted and

reserves the right to reject any or all Proposals without assigning any

reasons and without being liable for the same in any way or manner

whatsoever.

33

1.8 The Proposals must be properly signed as detailed below:

i) By the proprietor, in case of a proprietary firm;

ii) By the partner holding the Power of Attorney, in case of a

partnership firm;

iii) By a duly authorized person holding the Power of Attorney, in

case of a Limited Company or a corporation;

A copy of the Power of Attorney certified under the hands of a partner

or director of the Bidder Company with a notary public on the

prescribed form shall accompany the proposal.

1.9 All documents accompanying the Bid shall be in the English Language

and strictly as per the formats provided in the bid document. No

supporting document or printed literature shall be submitted with the

Bid unless specifically sought for and in case these documents are in

another language, they must accompanied by an accurate and

authentic translation of the relevant passages in English, in which case,

for all purposes of interpretation of the Bid, the translation in English

shall govern.

1.10 Bidder should note clearly the date and time e-handover of the

prepared document.

1.11 Conflict of Interest: CIDCO requires that the selected Bidder (the

Agency) provide professional, objective and impartial advice and at all

times hold CIDCO’s interest paramount, avoid conflicts with other

assignments or their own corporate interests, and act without any

consideration for future work with CIDCO.

1.11.1 Without limitation on the generality of the foregoing, Agencies, and

any of their associates shall be considered to have a conflict of interest

34

and shall not be selected under any of the circumstances set forth

below:

(i) If there is a conflict among this and other consulting

assignments of the Agency (including its personnel and sub-

Agencies) and any subsidiaries or entities controlled by such

Agency. The duties of the Agency depend on the circumstances

of each case. While providing consultancy services to CIDCO for

this particular assignment, the Agency shall not take up any

assignment that by its nature will result in conflict with present

assignment.

(ii) A firm, which has been engaged by CIDCO to provide Goods or

Works for this Project, and any of its affiliates etc., will be

disqualified from providing consulting services for the same

project. Conversely, a firm hired to provide consulting services

for the preparation of implementation of a project and any of its

affiliates will be disqualified from subsequently, providing goods

or works or services related to this project.

1.11.2 The conflict of Interest shall be applicable during the consultancy

period as well as for a period of 6months reckoned from the date of

completion of this consultancy period to goods, services, and works

directly resulting from this consultancy assignment.

1.12 Fraudulent and Corrupt practices:

1.12.1 The Bidders and their respective officers, employees, agents and

advisers shall observe the highest standard of ethics during the

Selection process. CIDCO shall reject a bid if it determines that the

Bidder has, directly or indirectly or through an agent, engaged in

corrupt, fraudulent, coercive, undesirable or restrictive practices in the

Selection Process.

35

1.12.2 For the purposes of this provision, the terms mentioned above are

defined as follows:

a) "Corrupt practice" means the offering, giving, receiving, or

soliciting, directly or indirectly, of anything of value to influence

the action of a public official in the Selection Process;

b) “Fraudulent practice” means a misrepresentation or omission of

facts in order to influence the Selection Process;

c) “Coercive practice” means harming or threatening to harm,

directly or indirectly, persons or their property to influence their

participation in the Selection Process;

d) “undesirable practice” means establishing contact with any

person connected with or employed with CIDCO with the

objective of canvassing, lobbying or in any manner influencing or

attempting to influence the Selection Process; and

e) “Restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Bidders with the

objective of restricting or manipulating a full and fair

competition in the Selection Process.

1.13 All documents and other information supplied by CIDCO or submitted

by Bidder / Agency shall remain or become the property of CIDCO.

Bidders/agencies are to treat all information, as strictly confidential.

CIDCO will not return any submissions.

1.14 Bidders are advised that the selection of Agency shall be on the basis of

evaluation process defined in this ITB. Bidders will be deemed to have

understood and agreed that no explanation or justification of any

aspect of the bid Process will be given and that CIDCO’s decisions are

without any right of appeal whatsoever.

1.15 Bidders are advised that CIDCO will not respond to any enquiries or

enter into communication concerning or relating to bid Process.

1.16 CIDCO reserves the right to make inquiries with any of the clients, listed

by the Bidders in their previous experience record.

1.17 How to Obtain BID DOCUMENT:

36

Bid Document can be downloaded from e-tendering website on

payment of Non-refundable document fee of INR 15825/- (Indian

Rupees Fifteen Eight Hundred Twenty Five only) (Rs. 15000/- Bid Cost +

Rs.825/- for VAT @ 5.50%) to be paid via online Payment Gateway

mode only. The information of E-Payment Gateway is available on E-

Tendering Website http://cidco.maharashtra.etenders.in.

2.0 Amendments to the BID Document:

2.1.1 At any time prior to the last time and date for complete Technical bid/

financial bid preparation for online submission, the CIDCO, may, for any

reason, whether at its own initiative or in response to a clarification

requested by a prospective Bidder, modify the BID Document by an

amendment.

2.1.2 The same shall be notified online to all prospective Bidders who have

received the BID Document and will be binding on them.

2.1.3 In order to provide Bidders reasonable time in which to take the

amendment into account in preparing their bids, the CIDCO Ltd. may, at

its discretion, extend the last date for complete technical and financial

bid preparation for online submission of Proposals.

3.0 BID DOCUMENTS

The Bidder should attach scanned copies of attested documents in PDF

format for “ON-LINE” submission.

4.0 DELETED

5.0 EARNEST MONEY

The Bidder shall deposit and keep deposited (for the period specified

hereafter) with CIDCO a sum as shown in this Notice Inviting Bid as the

Earnest money. The Earnest Money shall be deposited By way of

online Payment Gateway Mode.

37

5.1 The failure or omission to deposit or keep deposited the Earnest Money

shall disqualify the Bidder for that Bid.

5.2 No interest shall be payable by CIDCO in respect of such deposited

Earnest Money.

5.3 The Earnest Money of an unsuccessful Bidder shall be refunded after

the final decision on the Bids or on expiry of the validity period

whichever is earlier on request.

5.4 a) The Bidder shall not revoke his Bid or vary its terms and conditions

without the consent of CIDCO during the period of 120 days counted

from the last day appointed by CIDCO for e-handover of the prepared

document. If the Bidder shall revoke the Bid or vary its terms or

condition contrary to his promise to abide by this condition, the Earnest

Money Deposited by him shall stand forfeited to CIDCO without

prejudice to its other rights and remedies. Without prejudice to the

foregoing clause, the Bidder shall be disentitled to submit a Bid to

CIDCO for execution of any work for the period of one year effective

from the date of such revocation or variations of the terms and

conditions of the Bid.

b) The authorized signatory of the lowest Bidder shall duly sign with their

company seal on each page of the hard copy of the Bid documents

prepared, within 7 (Seven) working days after issue of Letter of

Acceptance (LOA).

5.5 In case of the successful Bidder, on payment of the required amount of

the Performance Security, the Earnest Money Deposited in the form of

online Payment shall be refundable in the event of CIDCO deciding the

award of the contract.

5.6 The E.M.D. of the successful Bidders shall be forfeited if:

5.6.1 The E.M.D. of the successful Bidder shall be forfeited if he

withdraws/revokes his offer or modifies/changes the same during the

validity of the Bid, or if after the acceptance of his Bid, the contractor

38

fails or neglects to furnish the balance Contract Deposit or Performance

Security within 15 days from the date of issue of letter of acceptance.

5.6.2 The E.M.D. of the successful Bidder shall be entitled for forfeiture if he

fails to execute contract agreement within 30 days from the date of

issue of Letter of Acceptance.

5.6.3 The E.M.D. of the successful Bidder shall be entitled for forfeiture if he

fails to commence; the consultancy work within 30 days from the date

of issue of Letter of Acceptance.

5.6.4 The Bidders may also be dis-qualified for Biding for further works in

CIDCO as provided in foregoing Clause No. 5.4 (a)

6.0 INTERPRETATION OF CONDITIONS OF CONTRACT

The Bidder shall be deemed to have studied all plans, specifications,

terms & conditions of Bid, before on-line submission of Bid, whether

the Bidder inspect them or not.

The Bidder shall be deemed to have made independent enquiries about

probable taxes levied by the local civic authority or the Government.

The ignorance about probable taxes to be paid either to the local civic

authority or to the government shall not be considered as an excuse.

The amount quoted by Bidder shall be deemed to include all the taxes,

Octroi, duties, royalties, etc. payable under the rules to local civic

authority, and / or Government / Statutory body.

On-line submission of Bid implies that Bidder has read these conditions

and other contract documents of the Bid as well as the conditions of

the Bid and as made himself aware of the same as also about the

condition and other factors having bearing on the execution of the

order.

In case of difference of opinion or dispute regarding the interpretation

of Bid conditions, the interpretation of any of the conditions by SR. PRO

of CIDCO Limited shall be final and binding on the Bidder.

7.0 MAIN BID DOCUMENT:

39

Main Bid Document shall be downloaded from the website. Any other

queries can be uploaded ON-LINE as per the Bidding Schedule. Right to

issue Bid Document is reserved with CIDCO.

8.0 METHOD OF SUBMISSION OF BID:

The complete Bid submission, “ON-LINE” on the website

http://cidco.maharashtra.etenders.in, can be made only after

payment of Cost of Blank Bid Document, EMD and requisite fees

through payment gateway of the service provider by Bidders.

8.1 Bid should be submitted through website

http://cidco.maharashtra.etenders.in and ON-LINE only.

8.2 Late Bid offers: Bidders grievance/ complaint on account of non-

submission of Bid due to problem of internet connectivity, electricity or

any other reason will not be considered.

9.0 IMPORTANT POINTS TO BE NOTED BY THE BIDDER

a) The ON-LINE submission of Bid document should be done on

website by the eligible agencies as per bidding schedule.

b) Bidder shall be deemed to have studied all Terms of Reference

& made himself / themselves acquainted with the assignment

before submitting the Bid.

c) At any time prior to the deadline for submission of Bid, CIDCO

may amend the Bid documents by issuing Corrigendum.

d) Any corrigendum as well as clarification thus issued shall be a

part of the Bid documents and it will be assumed that the

information contained in the amendment have been taken into

account by the Bidder while submitting the Bid.

e) To give prospective Bidders reasonable time in which to take the

amendment into account in preparing their Bids, CIDCO shall

extend, at its discretion, the deadline for submission of Bids, in

40

which case, CIDCO will notify all Bidders by placing it on website

of the extended deadline and the same will be binding on them.

f) CIDCO is not bound to accept the lowest or any Bid. CIDCO

reserves the right to reject any or all Bids received without

assigning any reasons whatsoever.

g) This detailed notice inviting proposal shall form part of Bid

documents.

10.0 PREPARATION OF PROPOSAL

Bid proposal shall be prepared for Technical proposal/ financial

proposal; the information shall be furnished strictly in the formats

prescribed in TFF.

10.1 Technical Proposal

The Applicant should attach scanned copies of attested documents in PDF

format for “ON-LINE” submission.

a) Registration certificate

b) Information about Bidder

c) Average Annual Turnover during last 3 financial years certified by

Chartered Accountant.

d) Power of Attorney authorizing the signatory of the Bid.

e) EMD of Rs.75,000/- through online payment gateway

f) Valid Service TAX Registration Certificate if applicable

g) Latest Income TAX return for the Years 2013-14, 2014-15 and 2015-16.

h) Certificate of Near Relative not working in CIDCO as per. (To be executed&

attested by Public Notary/Executive Magistrate on Rs.100/-stamp paper by

the Applicant)

i) Declaration of Non-tampering of Document (Section - X).

j) Declaration of non-Blacklisting (Section - XI). (To be executed & attested by

Public Notary/Executive Magistrate on Rs.100/- Stamp paper by the

Applicant).

41

Failure to furnish all the information required as per Tender Documents

or submission of the bids not substantially responsive to the Bid

Documents in any respect may result in rejection of the Bid.

10.1.2 The technical proposal must not include any financial information.

10.1.3 CIDCO reserves the right to verify all or any statements, documents,

information and data submitted by the Bidders to confirm their claim

with respect to Eligibility, experience, expertise and capabilities of the

Bidders.

10.1.4 If at any later date, it is found that any documents, information,

statements or data submitted by the Bidders, based on which the

Bidders have been considered eligible or their proposals are considered

or are successful and awarded this assignment, isfound to be incorrect

or false in material particulars or misleading, CIDCO reserves the right

to declare such Bidders ineligible and to forth with disqualify them or to

reject their Proposals or to cancel the Contract, as the case may be, and

to appropriate the bid security as previously agreed to reimbursement

of CIDCO’s costs and genuine pre-estimated loss and damage to CIDCO,

without being liable to the Bidders for the same in any manner

whatsoever. In addition CIDCO shall also debar the agency for issue of

bids for further one year from the month of such debarment.

10.2 FINANCIAL PROPOSAL

10.2.1 The documents containing “FINANCIAL PROPOSAL” shall contain all the

information in the prescribed forms duly field in figures and words at

appropriated places.

10.2.2 While submitting the financial Proposal, the Bidder shall ensure the

following:

I. The Bidder has to quote as mentioned in financial proposal

(Schedule –A) in figure as well as inwords.

II. All the costs associated with the assignment shall be included in

the proposal. The total amount indicated in the financial

42

Proposal shall be without any conditions attached or subject to

any assumption, and shall be final and binding. In case any

assumptions or conditions are indicated in the financial

Proposal, it shall be considered non-responsive and liable to be

rejected.

III. The financial Proposal shall be inclusive of all taxes, octroi,

levies, duties and cost of insurances etc. except service tax.

11.0 SUBMISSION OF PROPOSALS

11.1 The proposal must be valid for the period stated in the ITB.

11.2 Bid must be on the Forms prescribed at TFF. Any attachment to such

Forms must be in the form of information on sheets of paper or

photocopies of only relevant pages of any document. No separate

documents like printed annual statements, company brochures, copy

of contracts etc. will not be entertained.

11.3 If the name of the eligible/selected Bidder(s) is changed prior to

entering into of the contract, CIDCO may permit the same subject to

the condition that

(i) the Proposal remains the same in every respect except for the

change of the name and relevant documents in this regard are

submitted to CIDCO by the Bidder immediately and before the

last date for execution of the Contract and

(ii) Thereshould be no material change in the ownership or control

or constitution of the Bidder as from the date of submission of

the Proposal.

11.4 Oral statements made by a Bidder at any time regarding any matter

including quality, or arrangement of the equipment or any other matter

will not be considered and will not be binding on CIDCO.

12.0 PROPOSAL EVALUATION

i) The Bidder shall not contact CIDCO on any matter related to its

Technical and/ or Financial proposal from the time & date of

43

opening of the bids to the time the contract is awarded.

ii) Any, effort by a Bidder to influence CIDCO in examination,

evaluation, ranking of proposal or recommendation for award of

contract shall result in rejection of Bidder’s proposal.

iii) A two stage evaluation process shall be carried out by CIDCO.

13.0 METHOD OF OPENING OF BID

13.1 On-line Technical Proposals received will be opened and scrutinized on

the date and time specified in the Bidding schedule.

13.2 Financial Bid of only those Bidders who qualifies in the technical bid

evaluation will be opened on the date and time specified in the Bidding

schedule or on the specified date and time, which shall be

communicated to such Bidders through Fax / email. The financial Bids

will be opened in the presence of Bidders / their representative, who

deem to remain present for such opening of financial proposals,

through e-tendering procedure at SAP Office, 6th

Floor,CIDCOBhavan,

CBD Belapur, Navi Mumbai.

13.3 CIDCO reserves the right to reject any or all offers. CIDCO is not bound

to give any reason for not considering such offers.

14.0 TECHNICAL EVALUATION:

14.1 The bidder who’s the technical proposal not satisfying the criteria

mentioned in 10.1 above will be disqualified.

Financial Bid of only those Bidders who are qualified in technical bid

evolution will be opened on the specified date and time, which shall be

communicated to such Bidders through Fax / email.

14.2 Financial Evaluation:

The financial bids will be opened in presence of the representatives of

the Bidders who choose to be present at the time of opening of the

bids.

44

15.0 PREFERRED BIDDER:

The bidder who quote minimum amount (L-1) for the assignment will

be the preferred bidder. The bidders will be ranked based on the

amount quoted as L-1, L-2, L-3 etc.

16.0 ACCEPTANCE OF BID

Acceptance of Bid on behalf of CIDCO shall be done by an officer to

whom such powers are delegated by CIDCO.

17.0 AWARD OF CONTRACT AND ITS EXECUTION:

Award of contract and its execution shall be subject to the following

provisions and stipulations:

i. Selection of Agency will be within a timeframe of 120 days from the last

date of submission as specified in the Notice inviting Proposal.

ii. CIDCO shall reserve the right to negotiate with the preferred bidder. If

CIDCO is unable to award the contract / finalize a service agreement

with the L-1 bidder ranked-I due to its dis-qualification, it may proceed

to the next ranked bidder. CIDCO reserves the right to present a

contract to the bidder selected for negotiations.

iii. CIDCO may seek clarifications/additional documents from the Agency.

The Agency is bound to furnish the same within the specified time limit.

iv. The cost incurred by bidder in preparing their bid, or providing

clarifications or attending discussions in connection with this document

shall be borne by the Bidder. CIDCO Ltd. in no case will be responsible

or liable for these costs, regardless of the conduct or outcome of the

process.

v. It is to be noted that, CIDCO reserves the right to accept any bid and to

annul the Bid process at any time prior to award of the contract or

reject any or all bids without assigning any reason therefore and

without thereby incurring any liability towards the affected Bidder or

45

Bidders or CIDCO shall being any obligation to inform the affected

Bidder or Bidders.

vi. On completion of the selection process and the relevant procedural

formalities, the selected Agency shall be awarded the contract by

CIDCO issuing it a Letter of Acceptance (LOA) for the Professional

Assignment. The deemed date of commencement of the assignment

shall be from the 15 day from the date of issue of LOA.

vii. Failing to execute the Contract Agreement within the said period may

result in termination of contract and award of the same to other

Agency/Agencies at the risk and cost of the Agency, who has been

issued LOA.

viii. The person to sign the contract agreement shall be the person duly

authorized.

18.0 DELETED

19.0 The appointed Agency shall provide the detailed methodology on the

Professional assignment along with details of the Experts who shall be

performing this assignment from CIDCO officeas well asat their own

office. The experts whose profiles are found to be in deviation from the

requirement of BID and the submission made in the Technical Proposal

shall be rejected.

20.0 Nothing in this contract is intended to make nor shall it make CIDCO

the employer of the Agency or the Experts assigned on the task by the

Agency. The Expert performing on the assignment from the CIDCO

office will work under the administrative control of CIDCO, as

employees of the Agency and they shall have no claim, whatsoever, on

CIDCO for the services rendered as part of the contract with the

selected Agency. The selected Agency shall be the employer of the staff

provided and only it/they shall be responsible for the payment of

Salary/Consultancy amount and/or providing risk cover etc. to the

46

personnel provided by them. CIDCO will not be liable for any

compensation or grant, whatsoever, even if any untoward incident etc.

occurs during the period of contract.

21.0 The successful Agency shall not further outsource the assignment to

other individual/Agencies and if found so, the contract shall be deemed

to be cancelled and the PBG shall be forfeited.

22.0 CONFIDENTIALITY:

The Agency and their experts performing the assignment shall not at

any time, communicate to any person or entity any confidential

information acquired in the course of their services on the professional

assignment, except when specifically directed/permitted to do so by

CIDCO. For the sake of this document and the contract, confidential

information shall comprise of any and all information, whether related

to the project or pertaining to internal processes of CIDCO. The Agency

shall ensure that a (Non-Disclosure Agreement - NDA), with a format

bearing approval of CIDCO, be executed between the Agency& CIDCO

as well as a back-to-back confidentiality agreement between the

Agency& all its key personnel be executed and submitted to CIDCO, all

in original sets.

23.0 TERMINATION FOR INSOLVENCY:

CIDCO may at any time terminate the Contract/ Agreement by giving a

written notice to the Agency. Termination of contract shall be without

compensation to the Agency, provided that such termination will not

prejudice or affect any right of action or remedy, which has accrued or

will accrue thereafter to CIDCO.

24.0 EXECUTION OF CONTRACT AGREEMENT:

The successful Bidder is required to execute a contract agreement in

duplicate in the form attached with the Bid documents on stamp paper

47

of appropriate value. The contract agreement should be signed within

30 days from the date of acceptance of the Bid.

If applicable, the successful Bidder will be required to produce a valid

contract labour license issued in his favour under the provision of the

contract labour (Regulation and Abolition) Act, 1970, before starting

the work. On failure to do so, the acceptance of the Bid is liable to be

withdrawn and also the earnest money is liable to be forfeited.

The Contractor shall pay all applicable taxes, levies, cess etc. directly to

the Government. CIDCO shall not take any responsibility for any kind of

tax payment to the Government at any point of time.

If applicable, under Inter-state Migrant Workmen Act and/or Contract

Labour Act, the Contractor should obtain requisite license / registration

Certificate under the Act while engaging the migrant labour from other

State.

25.0 If applicable, the agencies quoting for the work in NMMC area must

have the valid NMMC Registration Certificate under Cess Act.

26.0 The Bidder shall furnish truly & faithfully the foregoing information by

an Affidavit on a Non-Judicial stamp paper of appropriate value. If any

information so furnished shall be found to be untrue or false, the Bid

shall be liable to be dis-qualified and the Earnest Money/ Performance

Security, as the case may be; accompanying such Bid shall stand

forfeited to CIDCO. If the information so furnished shall be found to

untrue or false during the currency of the contract, the Agency shall be

held to be in default and the contract awarded to him shall be liable to

be terminated with all its consequences.

48

27.0 Notice Inviting Proposal and these instructions shall form part of the

contract.

28.0 INDEMNITY

The Agency shall indemnify CIDCO for any direct loss or damage that is

caused due to deficiency in services by the Agency.

(Signature)


Bidders Name & Seal


Date :

49

AGREEMENT

Between

City & Industrial Development Corporation of Maharashtra Ltd

And

Travel Agency for booking of Air Tickets (International / Domestic) / Train Tickets/

Hotels/ Vehicles and other related services.

50

FORM OF AGREEMENT FOR

Appointment of Travel Agency for booking of Air Tickets (International / Domestic) / Train

Tickets/ Hotels/ Vehicles and other related services.

Contract No: ________________________

This AGREEMENT (hereinafter referred to as the “Contract”, subsequent to and

consequent to its execution) is made on the ________ day of the month of

_______________ 2015, between, on the one hand, the City & Industrial

Development Corporation of Maharashtra Ltd., a company incorporated under the

Companies Act, 1956 (1 of 1956) and having its registered office at ‘Nirmal’ 2nd floor,

Nariman Point, Mumbai - 400 021 (hereinafter referred to as the “CIDCO”, which

expression shall, unless repugnant to the context or meaning thereof, include its

successors and permitted assigns) and, on the other hand,

______________________________________________ (hereinafter referred to as

the “Agency”, which expression shall, unless repugnant to the context or meaning

thereof, include its successors and permitted assigns)

WHEREAS

(A) CIDCO through limited e-bidding, invited bids from interested, eligible bidders for

Appointment of Travel Agency for booking of Air (International / Domestic) / Train Tickets/

Hotels/ Vehicles and other related services.

(Hereinafter referred to as the “Project”);

(B) the Agency, submitted their proposals for the aforesaid work, whereby the

Agency represented to CIDCO that they had the required professional skills,

capacities and capabilities and in the said proposals the Agency also agreed to

provide the Services to CIDCO on the terms and conditions as set forth in the

bid documents and this Contract; and

(C) CIDCO, upon acceptance of the aforesaid proposals of the Agency, awarded

the Consultancy work to the Agency vide the Letter of Acceptance for the

Consultancy Ref. No ______________________ dated _____ (hereinafter

referred to as the “LOA”).

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(D) In pursuance of the bid documents and LOA, the parties have agreed to enter

into this Contract.

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents, along with all addenda issued thereto and attached

hereto, shall be deemed to form and be read and construed as integral part of

this Contract and in case of any contradiction between or among them the

priority in which a document would prevail over other would be as laid down

below beginning from the highest priority to the lowest priority:

(a) Contract

(b) Terms of Reference

(c) Letter of Acceptance

(d) Instruction to Bidders

(e) The General Conditions of Contract (hereinafter referred to as “GCC”);

(f) Form for Bank Guarantee for Performance Security

2. The mutual rights and obligations of CIDCO and the Agency shall be as set

forth in the Contract; in particular:

(a) The Agency shall carry out the Services in accordance with the

provisions of the Contract; and

(b) CIDCO shall make payments to the Agency in accordance with the

provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in

their respective names as of the day and year first above written.

FOR AND ON BEHALF OF Witness

(CIDCO)

1. Signature

Name

Address

By

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Authorized Representative

2. Signature

Name

Address

FOR AND ON BEHALF OF Witness

(CONSULANT)

Witness

1. Signature

Name

Address

Name

Address

By Authorized Representative

1. Signature

Name

Address

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PART – IV

GENERAL CONDITIONS OF CONTRACT

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CONTENTS

1. General Provisions

1.1 Definitions

1.2 Relation between the Parties

1.3 Law Governing the Contract

1.4 Language

1.5 Headings

1.6 Notices

1.7 Location

1.8 Authorized Representatives

1.9 Taxes and Duties

2. Commencement, Completion, Modification and Termination of Contract

2.1 Effectiveness of Contract

2.2 Termination of Contract for Failure to Become Effective

2.3 Commencement of Services

2.4 Expiration of Contract

2.5 Entire Agreement

2.6 Modification

2.7 Force Majeure

2.7.1 Definition

2.7.2 No Breach of Contract

2.7.3 Measures to be taken

2.7.4 Extension of Time

2.7.5 Payments

2.7.6 Consultation

2.8 Suspension

2.9 Termination

2.9.1 by CIDCO

2.9.2 by the Agency

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2.9.3 Cessation of Rights and Obligations

2.9.4 Cessation of Services

2.9.5 Payment upon Termination

2.9.6 Disputes about Events of Termination

3. Obligation of the Agency

3.1 General

3.1.1 Standard of Performance

3.1.2 Law Governing Services

3.2 Conflict of Interests

3.2.1 Agency not to Benefit from Commissions, discounts, etc.

3.2.2 Agency and Affiliates not to be otherwise interested in Project.

3.2.3 Prohibition of Conflicting Activities.

3.3 Confidentiality.

3.4 Liability of the Agency.

3.5 Insurance to be taken out by the Agency.

3.6 Accounting, Inspection and Auditing

3.7 Agency’s Actions requiring CIDCO’s prior Approval

3.8 Reporting Obligations

3.9 Documents prepared by the Agency to be the Property of CIDCO.

3.10 Equipment and Materials furnished by CIDCO

3.11 Providing Access to the Project Office and Personnel.

4. Agency’s Personnel

4.1 General

4.2 Description of Personnel

4.3 Approval of Personnel

4.4 Working Hours, Overtime, Leave etc.

4.5 Removal and/or Replacement of Personnel

4.6 Resident Project Manager.

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5. Obligations of CIDCO

5.1 Assistance and Exemptions.

5.2 Access to Land.

5.3 Changes in the Applicable Law

5.4 Services, Facilities and Property of CIDCO

5.5 Payment

6. Payment to the Agency

6.1 Cost Estimates; Ceiling Amount

6.2 Currency of Payment

6.3 Mode of Billing and Payment

7. Responsibility for accuracy of the project document

7.1 General

7.2 Retention money

7.3 Penalty

7.4 Action for deficiency in services.

8. Fairness and Good Faith

8.1 Good Faith

8.2 Operation of the Contract

9. Settlement of Disputes

9.1 Amicable Settlement

9.2 Dispute Resolution

9.3 Conciliation

9.4 Arbitration

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(GCC)

1. GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in

this Contract have the following meanings:

(a) "Applicable Law” means the laws and any other instruments having the force

of law in India as they may be issued and in force from time to time;

(b) "Contract" means the Agreement signed & executed by the Parties, to which

these General Conditions of Contract are attached, together with all the

documents listed in Clause 1 of such signed Agreement;

(c) "Effective Date" means the date on which this Contract comes into force and

effect pursuant to Clause GCC 2.1;

(d) "Expatriate currency” means any currency other than the currency of the

Government of India;

(e) "GCC" mean these General Conditions of Contract;

(f) "Government" means the Government of Maharashtra;

(g) "Resident currency" means the currency of the Government of India;

(h) “Member”, in case the Agency consists of a joint venture or consortium of

more than one entity, means any of these entities, and “Members” means all

of these entities; this term has relevance only in case of previous work

experience of the bidder(s), since for this project no JVs or consortiums are

allowed (as per the Notice inviting Proposal);

(i) "Personnel" means persons hired by the Agency, or by any of its Sub- Agencys,

as employees and assigned to the performance of the Services or any part

thereof; "Expatriate Personnel" means such persons who at the time of

being so hired had their domicile outside India; and "Resident Personnel"

means such persons who at the time of being so hired had their domicile

inside India;

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(j) "Party" means CIDCO or the Project Management & Implementation Agency,

as the case may be, and Parties means both of them;

(k) "Services" means the work to be performed by the Agency pursuant to this

Contract, as described in the Terms of Reference hereto;

(l) "SCC" means the Special Conditions of Contract by which these General

Conditions of Contract may be amended or supplemented;

(m) "Sub-Agency" means any entity to which the Agencysubcontract any part

of the Services in accordance with the provisions of Clause GCC 3.7;

(n) "Third Party" means any person or entity other than the Government or

CIDCO, the Agencies or a Sub-Agency and their personnel;

(o) “HOD” means head of department of CIDCO.

(p) “CIDCO” means City & Industrial Development Corporation of Maharashtra

Limited

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a

relation of master and servant or of agent and principal as between

the CIDCO and the Agency. The Agency, subject to this Contract, has

complete charge of Personnel performing the Services and shall be fully

responsible for the Services performed by them or on their behalf

hereunder The Agency, subject to this Contract, shall be fully

responsible for any and all claims / damages / compensations / losses

arising from the acts of commission or omission by them.

1.3 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between

the Parties shall be governed by all the Applicable Indian Laws.

1.4 Language

This Contract has been executed in the English language, which shall be

the binding and controlling language for all matters relating to the

meaning or interpretation of this Contract.

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1.5 Heading

The headings shall not limit, alter or affect the meaning of this

Contract.

1.6 Notices

1.6.1 Any notice, request or consent required or permitted to be given or

made pursuant to this Contract shall be in writing. Any such notice,

request or consent shall be deemed to have been given or made when

delivered in person to an authorized representative of the Party to

whom the communication is addressed, or when sent by registered

mail, e-mail, telex, telegram or facsimile to such Party at the address

specified in the SCC.

1.6.2 Notice will be deemed to be effective as following:

(i) In the case of personal delivery or registered mail, on delivery;

(ii) In case of Fax, on delivery and confirmation;

(iii) In case of e-mail, on delivery.

1.6.3 A party may change its address for notice hereunder by giving the

other Party notice of such change pursuant to the provisions listed

in the SCC with respect to Clause GCC 1.6.2.

1.7 Location

The Services shall be performed at such locations as are specified in

Letter of Acceptance and, where the location of a particular task

is not so specified, at any and all such locations as the CIDCO may

approve.

1.8 Authorized Representatives

Any action required or permitted to be taken, and any document

required or permitted to be executed, under this Contract by

CIDCO or the Agency shall be taken or executed by the officials

specified in the SCC.

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1.9 Taxes and Duties

Unless otherwise specified in the SCC, the Agency shall pay all

such taxes, duties, fees and other impositions as may be levied

under the Applicable Laws.

1.10 CIDCO's Representative(s)

For day to day monitoring of the consultancy service and

correspondence with the Agency under this Contract, CIDCO shall

appoint an official as specified in SCC. Such official will be responsible

for recommending payment, arranging meetings, receiving submittals

from Agency and coordinating and advising for approvals of CIDCO

wherever required as per this Contract. The Agency shall co-ordinate

with the EIC of the work.

2.0 COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION

OF CONTRACT

2.1 Effectiveness of Contract

This Contract shall come into force and effect on the date of execution

of the agreement between CIDCO and the Agency and shall remain in

force till the completion of the assignment as included in the

agreement & the documents referred to therein. The agreement shall

be deemed to be terminated upon completion of the assignment, as

above, or upon sooner termination in accordance with the conditions

of the contract. However, all relevant contents shall survive the

terminated agreement to the extent they are necessary for the

technical & financial closures of the contract.

2.2 Deleted

2.3 Commencement of Services

The Agency shall commence the Services on or before the time and

date specified for such commencement specified in the SCC.

2.4 Deleted

2.5 Entire Agreement

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This Contract contains all covenants, stipulations and provisions agreed

by the Parties. No agent or representative of either Party has authority

to make, and the Parties shall not be bound by or be liable for,

any statement, representation, promise or agreement not set forth

herein.

2.6 Modification

Modification of the terms and conditions of this Contract, including any

modification of the scope of the Services, may only be made by written

revised agreement or addendums/modifications between the Parties.

2.7 Force Majeure

2.7.1 Definition

For the purposes of this Contract, "Force Majeure" means an event

which is beyond the reasonable control of a Party, and is not

substantially attributable to the other party, and which makes a Party's

performance of its obligations hereunder impossible or so impractical

as reasonably to be considered impossible in the circumstances, and

includes, but is not limited to, war, riots, civil disorder, earthquake,

fire, explosion, storm, flood or other adverse weather conditions,

strikes, lockouts or other industrial action (except where such strikes,

lockouts or other industrial action are within the power of the Party

invoking Force Majeure to prevent), confiscation or any other action by

government agencies.

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations hereunder shall not

be considered to be a breach of, or default under, this Contract insofar

as such inability arises from an event of Force Majeure, provided

that the Party affected by such an event has taken all reasonable

precautions, due care and reasonable alternative measures, all with

the objective of carrying out the terms and conditions of this

Contract.

2.7.3 Measures to be taken

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(a) A party affected by an event of Force Majeure shall take all

reasonable measures to remove such Party's inability to fulfill its

obligations hereunder with a minimum of delay.

(b) A party affected by an event of Force Majeure shall notify the other

Party of such event as soon as possible, and in any event not later than

fourteen (14) days following the occurrence of such event,

providing evidence of the nature and cause of such event, and shall

similarly give notice of the restoration of normal conditions as soon as

possible.

(c) The Parties shall take all reasonable measures to minimize the

consequences of any event of Force Majeure.

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract,

complete any action or task, shall be extended for a period equal to the

time during which such Party was unable to perform such action

as a result of Force Majeure.

2.7.5 Action if Force Majeure persists – termination

In case of such Force Majeure persisting beyond a period of 60 days

from its occurrence, CIDCO may, at its sole discretion, terminate the

agreement, giving the Agency 30 days’ notice. Upon receipt of such

notice:

a) Agency shall demobilize its establishment and its key personnel at the

end of such notice period

b) CIDCO shall clear all dues, if payment is due to the Agency, for the

period ending simultaneously with the Notice Period.

2.7.6 Action if Force Majeure persists –bare establishment & skeletal key

personnel

However, if CIDCO decides to keep the agreement alive even after the

period of 60 days has elapsed, then it shall instruct the Agency to

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maintain its establishment, at a level as instructed by CIDCO, and man

it with skeletal staff as instructed by CIDCO, costs of such establishment

& key personnel shall be paid to the Agency by CIDCO at the rates

available and applicable as per those provided in the agreement till the

period either the Force Majeure persists or till such time CIDCO desires

that this arrangement should go on, whichever is earlier. During the

period of persistence of the Force Majeure, if CIDCO decided to

discontinue with the services of the Agency, it shall do so by giving a 30

days’ notice with actions in accordance with 2.7.5 a) & b).

Upon removal of the Force Majeure during the period CIDCO has

instructed the Agency to maintain; the Agency shall, within a period of

30 days from the date of such removal of Force Majeure, remobilize its

establishment & strength of key personnel to the level it existed prior

to the occurrence of the Force Majeure.

2.8 Suspension of Services of Agency

2.8.1 CIDCO may suspend the performance of any or all of the Services by

giving at least 15 days’ notice to the Agency in writing.

2.8.2 In the event of suspension, CIDCO, within 30 (thirty) days from the date

of such suspension, shall be liable to pay the following:

2.8.2.1 All fees, amounts and charges in full for that particular stage at which

the suspension notice is given; and

2.8.2.2 All fees, amounts, charges outstanding for all earlier stages of work

2.9 Termination

2.9.1 By CIDCO due to error/commission/omission/negligence/failure of

Agency

CIDCO may, by not less than thirty (30) days' written notice of

termination to the Agency such notice to be given after the

occurrence of any of the events specified in paragraphs (a) through

(f) of this Clause 2.9.1, terminate this Contract:

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(a) if the Agency fails to remedy any breach hereof or any failure in the

performance of their obligations hereunder, as specified in a notice

of such breach or failure, within thirty (30) days of receipt of such

notice or within such further period as CIDCO may have subsequently

approved in writing;

(b) if the Agency becomes insolvent or bankrupt or enter into any

agreements with their creditors for relief of debt or take advantage of

any law for the benefit of debtors or go into liquidation or

receivership whether compulsory or voluntary;

(c) If the Agency fails to comply with any final decision reached as a result

of arbitration proceedings pursuant to Clause 9 hereof;

(d) if the Agency has submitted/submits to CIDCO a statement which

has a material effect on the rights, obligations or interests of

CIDCO and which the Agency knew or knows to be false;

(e) if the Agency, including its personnel and sub-Agencies, suffer from a

systemic failure in providing services or provide incomplete,

inadequate, sub-standard services to CIDCO or

(f) if any document, information, data or statements submitted by

the Agency in its Proposals, based on which the Agency was

considered Eligible or successful or has been issued the LOA, is

found to be false, incorrect or misleading to the extent that had the

true or correct information or data been available with CIDCO, the

Agency would have been ineligible or unsuccessful;

Upon such termination by CIDCO, subsequent & consequent to reasons

(a) to (f) above:

i) A penalty of 10% of the average annual quoted total cost (Cost D, Form

II of Financial Proposal to be divided by 5) shall be levied upon the

Agency by CIDCO and CIDCO shall be fully entitled to en-cash the PBG

forthwith;

ii) CIDCO shall determine the net amount due to/recoverable from the

Agency by:

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i. Determining professional fees payable for period during which the

performance of the Agency was satisfactory

ii. Less deductions/recoveries as per the contract

iii. Less penalty as per i) above

iii) The net amount, if due to the Agency, it will be paid by CIDCO within 45

days of such determination or shall be recovered from the Agency, if

due from the Agency. CIDCO shall recover it from payments otherwise

due to the Agency under any other contract the Agency is engaged in

with CIDCO as an individual or entity or as part of any JV or Consortium

or, if no payment is due, the amount shall be a debt due and shall be

recovered by way of any and all legal recourses available to CIDCO.

2.9.2 By CIDCO for its convenience or exigencies:

if CIDCO, at its sole discretion and for any reason whatsoever,

decides to terminate this Contract; for reasons not contained in 2.9.1

(a) to (g) above, then CIDCO by a written notice of not less than sixty

(60) days) terminate the contract and determine the net amount

payable to/recoverable from the Agency, as under:

(i) Add remuneration pursuant to Clause 6 hereof for Services

satisfactorily performed till the end of the Notice Period, in accordance

with the provisions of this contract;

(ii) Deduct amount due/recoverable from the Agency as per the

requirements of this contract;

If CIDCO determines that a sum is payable to the Agency, it shall pay

the Agency within 45 days of such determination. If CIDCO determines

that a sum is due from the Contractor and payable to CIDCO, CIDCO

shall recover it from payments otherwise due to the Agency under any

other contract the Agency is engaged in with CIDCO as an individual or

entity or as part of any JV or Consortium or, if no payment is due, the

amount shall be a debt due and shall be recovered by way of any and

all legal recourses available to CIDCO.

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Upon technical & financial closure of the contract, in this case, CIDCO

shall release the PBG of the Agency within 15 days of the last of such

contact closures.

2.9.3 by the Agency

The Agency may, by not less than thirty (30) day's written notice to

CIDCO, terminate this Contract if CIDCO fails to pay any money due to

the Agency pursuant to this Contract and within specified periods as

per this contract; however if CIDCO remedies the failure within the

notice period the notice of termination by the Agency shall thereafter

stand annulled and ineffective. The Agency shall not have any rights to

seek to terminate this contract for any other reason.

2.9.4 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clause 2.9 hereof all

rights and obligations of the Parties hereunder shall cease, except (i)

such rights and obligations as may have accrued on the date

of termination or expiration, (ii) the obligation of confidentiality

set forth in Clause 3.3 hereof, (iii) the Agency's obligation to

permit inspection, copying and auditing of their accounts and records

set forth in Clause 3.6 (ii) hereof, and any right which a Party may have

under the Applicable Law.

2.9.5 Cessation of Services

Upon termination of this Contract by notice of either Party to the

other, the Agency shall, immediately upon dispatch or receipt of such

notice, take all necessary steps to bring the Services to a close in a

prompt and orderly manner. With respect to documents prepared by

the Agency and equipment and materials furnished by CIDCO, the

Agency shall proceed as provided, respectively, by Clauses 3.9 or 3.10

hereof.

3. OBLIGATIONS OF THE AGENCY

3.1 General

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3.1.1 Standard of Performance

The Agency shall perform the Services and carry out their

obligations hereunder with all due diligence, efficiency and

economy, in accordance with generally prevalent & accepted

professional techniques and practices, and shall observe sound

management practices, and employ appropriate advanced

technology and safe and effective equipment, machinery, materials

and methods. The Agency shall always act, in respect of any matter

relating to this Contract or to the Services, as faithful advisers to &

execution personnel for CIDCO, and shall at all times support and

safeguard all of CIDCO's legitimate interests in any dealings with Sub-

Agencys or Third Parties.

3.2 Conflict of Interests

3.2.1 Agency not to Benefit from Commissions, Discounts, etc.

The remuneration of the Agency pursuant to Clause 6 hereof shall

constitute the Agency's sole remuneration in connection with this

Contract for the Services provided and the Agency shall not accept for

their own benefit any trade commission, discount or similar payment

in connection with activities pursuant to this Contract or to the

services or in the Discharge of their obligations hereunder, and the

Agency shall use its best efforts to ensure that any Sub-Agency, as well

as the Personnel and agents of either of them, similarly shall not

receive any such additional remuneration.

3.2.2 Agency and Affiliates not to be otherwise interested in Project

The Agency agrees that, during the term of this Contract and

after its termination, the Agency and any entity affiliated with the

Agency, as well as any Sub-Agency and any entity affiliated with such

Sub-Agency, shall be disqualified from providing goods, works or

services (other than providing the Services and any continuations

thereof) for any project resulting from or related to the Services.

3.2.3 Prohibition of Conflicting Activities

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Neither the Agency nor their Sub-Agencies nor the Personnel of either

of them shall engage, either directly or indirectly, in any of the

following activities:

(a) during the term of this Contract, any business or professional

activities in India which would conflict with the activities assigned to

them under this Contract; or

(b) after the termination of this Contract, such other activities and for such

periods as may be specified in the SCC.

3.3 Confidentiality

The Agency, its Sub-Agencies and the Personnel of either of them

shall not, either during the term or after the expiration or termination

of this Contract, disclose any proprietary information, including

information relating to reports, data, drawings, designs software or

other material, whether written or oral, in electronic or magnetic

format, and the contents thereof; and any reports, digests or

summaries created or derived from any of the foregoing that is

provided by CIDCO to the Agency, its Sub-Agencies and the

Personnel; any information provided by or relating to CIDCO, its

technology, technical processes, business affairs or finances or any

information relating to CIDCO's employees, directors, officers or other

professionals or suppliers, customers, or contractors of CIDCO, and any

other information which the Agency is under an obligation to

keep confidential in relation to the Project, the Services, this Contract

("Confidential Information") without the prior written consent of

CIDCO.

Notwithstanding the aforesaid, the Agency, its Sub-Agencies and the

Personnel of either of them may disclose Confidential Information to

the extent that such Confidential Information:

(i) was in the public domain prior to its delivery to the Agency, its Sub-

Agencies and the Personnel of either of them or becomes a part of

69

the public knowledge from a source other than the Agency, its

Sub-Agencies and the Personnel of either of them;

(ii) Was obtained from a third party with no known duty to maintain its

confidentiality;

(iii) is required to be disclosed by Law or judicial or administrative or

arbitral process or by any Governmental Instrumentalities, provided

that for any such disclosure, the Agency, its Sub-Agencies and the

Personnel of either of them shall give CIDCO, prompt written

notice, and use reasonable efforts to ensure that such disclosure is

accorded confidential treatment and is strictly to the extent required;

(iv) is provided to the professional advisors, agents, auditors or

representatives of the Agency or its Sub-Agencies or Personnel of

either of them, as is reasonable under the circumstances;

provided, however, that the Agency or its Sub-Agencies or

Personnel of either of them, as the case may be, shall require their

professional advisors, agents, auditors or its representatives, to

undertake in writing to keep such Confidential Information,

confidential and shall use its best efforts to ensure compliance with

such undertaking.

3.4 Limitation of Liability of the Agency

The Agency' liability under this Contract shall be limited to the

provisions of the SCC.

3.5 Insurance to be taken out by the Agency

The Agency:

(i) shall take out and maintain, and shall cause any Sub-Agency to

take out and maintain, at its (or the Sub-Agency's, as the case may

be) own cost but on terms and conditions approved by CIDCO,

insurance against the risks, and for the coverage, as shall be specified

in the Special Conditions (SCC), with an objective of providing complete

professional indemnity to CIDCO

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(ii) within 15 (fifteen) days of receiving any insurance policy certificate in

respect of insurances required to be obtained and maintained under

the this clause, shall furnish to CIDCO, copies of such policy

certificates, copies of the insurance policies and evidence that the

insurance premiums have been paid in respect of such insurance. No

insurance shall be cancelled, modified or allowed to expire or lapse

during the terms of this Contract

The insurance policies so procured shall mention CIDCO as the sole

beneficiary of the insured amounts and the Agency shall procure an

undertaking from the insurance company in this regard.

If the Agency fails to effect and keep in force the aforesaid

insurances for which it is responsible pursuant hereto, CIDCO shall, in

addition to the having other recourse available under this Contract,

have the option to take out the aforesaid insurance, to keep in force

any such insurances, and pay such premiums and recover the

costs thereof from the Agency, along with a penalty of 100% of the

amount of such premiums paid, and the Agency shall be liable to pay

such amounts on demand by CIDCO.

3.6 Accounting, Inspection and Auditing

The Agency (i) shall keep accurate and systematic accounts and records

in respect of the Services hereunder, in accordance with

internationally accepted accounting principles and in such form and

detail as will clearly identify all relevant time charges and cost, and the

bases thereof (including the bases of the Agency's costs and

charges), and (ii) shall permit CIDCO or its designated representative

periodically, and up to one year from the expiration or termination of

this Contact, to inspect the same and make copies thereof as well as to

have them audited by auditors appointed by CIDCO.

3.7 Agency's Actions requiring CIDCO's prior Approval

71

The Agency shall obtain CIDCO’s prior approval in writing before taking

any of the following actions:

(a) appointing such members of the Personnel as are not listed in

Appendices;

(b) entering into a subcontract for the performance of any part of the

Services, it being understood (i) that the selection of the Sub-Agency

and the terms and conditions of the subcontract shall have been

approved in writing by CIDCO prior to the execution of the subcontract,

and (ii) that the Agency shall remain fully liable for the performance

of the Services by the Sub-Agency and its Personnel pursuant to this

Contract;

(c) Any other action that may be specified in the SCC.

3.8 Reporting Obligations

The Agency shall submit to CIDCO the reports and documents specified

in the Terms of Reference and Appendices of the Contract, in the form,

in the numbers and within the time periods set forth therein.

3.9 Documents prepared by the Agency to be the Property of CIDCO

All plans, drawings, specifications, designs, reports and other

documents prepared by the Agency in performing the Services

shall become and remain the property of CIDCO, and the Agency

shall, not later than upon termination or expiration of this Contract,

deliver all such documents to CIDCO, together with a detailed

inventory thereof. The Agency may retain a copy of such documents.

Restrictions about the use of these documents shall be as specified in

the confidentiality clause and as in the SCC.

3.10 Equipment, Documents and Materials furnished by CIDCO

Equipment, Documents and materials made available to the Agency by

CIDCO, or purchased by the Agency with funds provided by CIDCO, shall

be the property of CIDCO and shall be marked accordingly. Upon

termination or expiration of this Contract, the Agency shall make

available to CIDCO an inventory of such equipment and materials

72

and shall dispose of such equipment and materials in accordance with

CIDCO's instructions. While in possession of such equipment and

materials, the Agency, unless otherwise instructed by CIDCO in writing,

shall insure them in an amount equal to their full replacement value.

3.11 Providing Access to Project Office and Personnel

Agency shall ensure that CIDCO, and its Authorized Representatives,

CIDCO's Representative and any other Official of CIDCO having such an

authority from CIDCO is provided unrestricted access to the Project

Office and all Agency's Personnel working there under this Contract

during the office working hours. CIDCO's any such official shall have full

right to inspect the works in progress, interact with Agency’s personnel

and verify the records for his satisfaction. Agency shall keep apprised all

his personnel all the time about this obligation so that they provide due

regard and assist CIDCO's official in discharging his duty.

4.0 AGENCY'S PERSONNEL AND SUB-AGENCYS

4.1 General

The Agency shall employ and provide such qualified and experienced

Personnel as are required to carry out the Services.

4.2 Description of Personnel

a) The Titles, agreed job descriptions, minimum qualification and

estimated periods of engagement in carrying out the Services of each

of the Agency’s Personnel are described in Appendices of the Contract.

b) If additional work is required beyond the scope of the Services specified

in the Terms of Reference, the numbers and periods of engagement of

personnel may be increased by mutual agreement in writing between

CIDCO and the Agency.

4.3 Working Hours, Overtime, Leave, etc.

(a) Working hours and holidays for Personnel are set forth in

Appendices of Contract.

(b) The Key Personnel shall not be entitled to be paid for overtime

nor to take paid sick leave or vacation leave. The Agency's

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remuneration shall be deemed to cover these items. All leave to be

allowed to the Personnel is included in the scope of services. Any taking

of leave by Personnel on account of unforeseen circumstances shall be

subject to the prior approval of the CIDCO and the Agency shall ensure

that absence for leave purposes will not delay the progress or affect

the standard of the Services.

4.4 Removal and/or Replacement of Personnel

a) Shall be as per the clause 2.2 & 8.0 of the TOR.

b) If CIDCO (i) finds any of the personnel has committed serious

misconduct or has been charged with having committed a criminal

action, or (ii) has reasonable cause to be dissatisfied with the

performance of any of personnel, then the Agencies shall, at CIDCO’S

written instructions, forthwith provide as a replacement personnel with

qualifications and experience as per the provisions of Clause 2.2 & 8.0

of the TOR, with no cost implication.

4.5 Sub- Agency

a) The Agency may be asked to deploy additional sub- Agency for carrying

out the survey and investigations (against reimbursable cost element)

b) Change of any existing sub-Agency shall be with the prior approval of

CIDCO. The Agency shall submit the details of such firm in the form

provided in the Appendices of the contract to CIDCO for approval.

Deployment of any Professional personnel from such Sub-Agencies

shall also be subject to the approval of CIDCO and as per the provisions

of clause 2.2 & 8.0 of the TOR. Agency is not allowed to sub-contract

any part of services in an area of expertise for which the Agency firm or

Member firms were evaluated as part of the selection process of the

Agency.

5.1 Access to Site

CIDCO shall normally ensure that the Agency shall have, free of charge,

unimpeded access to site in respect of which access is required for the

performance of the Services. However, protection of establishment and

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its personnel and its sub-Agencies personnel shall be the entire

responsibility of the Agency.

5.2 Changes in the Applicable Laws

If, after the date of this Contract, there is any change in the Applicable

Law with respect to taxes and duties which increases or decreases

the payments to be made to or recovered from the Agency, in

performing the Services, shall be adjusted accordingly.

6.0 Final bill & payment to the Agency

a) The final payment under this Clause shall be made only after the

final report and a final statement, identified as such, shall have been

submitted by the Agency and approved as satisfactory by CIDCO

Representative.

b) The Services shall be deemed completed and finally accepted by

CIDCO and the final report and final statement shall be deemed

approved by CIDCO as satisfactory ninety (90) calendar days after

receipt of the final report and final statement by CIDCO unless

CIDCO within such ninety (90) day period, gives written notice to

the Agency specifying in detail deficiencies in the Services, the final

report or final statement.

c) The Agency shall thereupon promptly make any necessary

corrections, and upon completion of such corrections, the foregoing

process shall be repeated. Any amount which CIDCO has paid or

caused to be paid in accordance with this Clause in excess of the

amounts actually payable in accordance with the provisions of this

Contract shall be reimbursed by the Agency to CIDCO within thirty (30)

days after receipt by the Agency of notice thereof. Any such

claim by CIDCO for reimbursement must be made within twelve

(12) calendar months after receipt by CIDCO of a final report and a

final statement approved by CIDCO in accordance with the above.

d) All payments under this Contract shall be made to the account of the

Agency specified in the SCC.

7. RESPONSIBILITY FOR ACCURACY OF PROJECT DOCUMENTS

7.1 General

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The Agency shall be responsible for accuracy of the data collected, by

him directly or procured from other agencies/authorities, the designs,

drawings, estimates and all other details prepared by him as part of

these services. He shall indemnify CIDCO against any inaccuracy in the

work which might surface during implementation of the project. The

Agency will also be responsible for correcting, at his own cost and risk,

the drawings including any re-survey / investigations and correcting

layout etc. if required during the execution of the Services.

7.1.2 The Agency shall be fully responsible for the accuracy of plan, design

and drawings of the airport. All the designs and drawings for airport

including all their components shall be fully checked by a CIDCO's

representative.

7.1.3 The survey points, if established by the Agency, on the site shall be

protected by the Agency with the assistance of CIDCO till the

completion of the Consultancy Services.

7.2 Action for Deficiency in Services

7.2.1 Agency's liability towards CIDCO

Agency shall be liable to indemnify CIDCO for any direct loss or

damage to the extent of his services accrued or likely to accrue due to

deficiency in service rendered by him.

7.2.2 Warning / Debarring

Warning may be issued to the erring Agency for minor deficiencies. In

the case of major deficiencies in the documents, report causing adverse

effect on reputation of CIDCO, other penal action including debarring

for certain period may also be initiated as per policy of CIDCO.

8.0 FAIRNESS AND GOOD FAITH

8.1 Good Faith

The Parties undertake to act in good faith with respect to each other's

rights under this Contract and to adopt all reasonable measures to

ensure the realization of the objectives of this Contract.

8.2 Operation of the Contract

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The Parties recognize that it is impractical in this Contract to

provide for every contingency which may arise during the life of the

Contract, and the Parties hereby agree that it is their intention that this

Contract shall operate fairly as between them, and without

detriment to the interest of either of them, and that, if during the

term of this Contract either Party believes that this Contract is

operating unfairly, the Parties will use their best efforts to agree on

such action as may be necessary to remove the cause or causes of such

unfairness, but no failure to agree on any action pursuant to this

Clause shall give rise to a dispute.

9.0 SETTLEMENT OF DISPUTES

9.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes

arising out of or in connection with this Contract or the interpretation

thereof.

9.2 Dispute resolution

a) Any dispute, difference or controversy of whatever nature howsoever

arising under or out of or in relation to this Contract (including its

interpretation) between the Parties, and so notified in writing by

either Party to the other Party (the "Dispute") shall, in the first

instance, be attempted to be resolved amicably in accordance with

the conciliation procedure set forth in Clause 9.3.

b) The Parties agree to use their best efforts for resolving all Disputes

arising under or in respect of this Contract promptly, equitably and in

good faith, and further agree to provide each other with

reasonable access during normal business hours to all non-

privileged records, information and data pertaining to any Dispute.

9.3 Conciliation

In the event of any Dispute between the Parties, either Party may call

upon VC&MD, CIDCO and the Agencies for amicable settlement, and

upon such reference, the said persons shall meet no later than 15

(fifteen) days from the date of reference to discuss and attempt to

amicably resolve the Dispute. If such meeting does not take place

within the 30 (thirty) day period or the Dispute is not amicably

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settled within 45 (forty five) days, or such longer period as may be

mutually agreed by the Parties, of the meeting either Party may refer

the Dispute to arbitration in accordance with the provisions of

Clause 9.4.

9.4 Arbitration

9.4.1 Any Dispute which is not resolved amicably by conciliation, as provided

in Clause 9.3, shall be finally decided by reference to arbitration. Such

arbitration shall be held in accordance with Arbitration Act, 1996 (the

"Rules") and shall be subject to the provisions of the Arbitration and

Conciliation Act. The seat of such arbitration shall be Navi Mumbai,

and the language of arbitration proceedings shall be English.

9.4.5 This Agreement and the rights and obligations of the Parties shall

remain in full force and effect, pending the Award in any

arbitration proceedings hereunder.

(Signature)


Bidders Name & Seal

SR. PRO

Date :

78

PROFORMA AGREEING TO


1. I/we have read and understood the said General Conditions of Contractwith

the forms and TOR and my/our signature/s hereunderamounts to my/our

having signed the above referred General Conditionsof contract as forming

part of this contract.

This is to confirm that I have read all the General Condition of the contract

andunderstood the same.

(Signature)


Bidders Name & Seal


Date :

79

PART – V

TERMS OF REFERENCE

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TERMS OF REFERENCE

1.0. Purpose / Intent for BID

The purpose of this BID is to appoint a travel agency for booking of Air Tickets

(International/Domestic)/ Train Tickets/Hotels/ Vehicles and other related

services as per the requirements of CIDCO Ltd.

2.0. Contract Period

The Travel agency contract is for 3 years (36 Months) from the date of award

of contract. The rate quoted will remain same for 3 years period.

3.0 Other Conditions

a) All prices, taxes and other information like discounts, etc. having a

bearing on the price shall be written both in figures and words in the

prescribed form. Where there is a difference between amounts quoted

in words and figures, the amounts quoted in words shall prevail. The

Excise Duty, Sales Tax, WCT or any other Govt. duties etc. as applicable

should be quoted separately, failing which, CIDCO shall have no liability

to pay these charges and the liability shall be that of the tenderer.

b) Each page of the offer shall be numbered and bear the signature of the

tenderer at the bottom. All offers shall be either typewritten or written

neatly in indelible ink. Any corrections should be properly

authenticated.

c) A copy of Income Tax Return filed with Income Tax Office for the last

three assessment years along with technical bid form should be

attached.

d) The details of current /previous clients are to be submitted as per the

following format:

i) Details of Major Current clients (Minimum 3)

� Name of the company /organization /office

� Contact person with telephone number and Email IDs

� Contract Period

� Copy of contract/agreement/experience certificate to be

enclosed

ii) Details of Major Previous clients (Minimum 3)

� Name of the company /organization /office

� Contact person with telephone number and Email IDs

� Contract Period

� Copy of contract/agreement/experience certificate to be

enclosed

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e) The travel agency will be responsible for compliance with all Central

and State laws as per rules/regulations/by laws and order of the local

authorities and statutory bodies as may be in force from time to time

during the contract period.

f) The travel agency shall not assign the contract or any part thereof

without the prior written consent /approval of the Institute. The travel

agency shall also not sublet the work or part of the work except with

the written consent of the Institute and such consent even if provided

shall not relieve the travel agent from any liability or any obligation

under the contract.

g) Acceptance of tender will be intimated to the successful tenderer

through a letter of intent (LOI) duly signed by the authorized signatory

of the Institute. The successful tenderer is required to execute the

agreement on a non judicial stamp paper within the time specified in

the LOI.

h) The offer shall be valid for a minimum period of three months from the

date of opening of technical bid.

i) The quoted rates should be inclusive of all taxes (including service tax)

related to the above mentioned scope of work.

j) If the registration certificate of IATA is withdrawn or cancelled during

the contract period, then the contracts of the agency will automatically

stands cancelled.

k) The losses to the Institute which are directly attributable to the agency

shall be deducted from the bills /adjusted from the security deposit.

l) The travel agency should have Computer Reservation Ticketing facility

of all airlines for domestic and international travel and providing on

line booking facility for the same to the Institute.

m) The travel agency will have to submit a formatted monthly statement

of bills raised showing discount provided to the Institute. In addition to

the above, the statement should also include the amount of expenses

on ticket booking airline wise/ domestic/international /railway.

n) CIDCO reserves the right to reject or accept any or all application(s)

without assigning any reasons and to restrict the list of pre-qualified

agencies to any number deemed suitable by it, if too many

tenderers/bidders are received satisfying the eligibility criteria.

o) Selection of a Preferred Bidder: The Travel Agency with the Lowest

Total Score will be selected as a Preferred Bidder.

p) Payment Schedule:After the work has been completed the bill for the

work in duplicate copy prepared on the basis of the accepted rates be

submitted to CIDCO for necessary action together with

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1. Statement of booked/Cancelled Tickets and vouchers

2. Copy of all tickets and vouchers

3. Other documents in support of the items charged for in the bill.

4.0 Price variation clause is not applicable to this contract.

5.0 Default:-

The Agency will complete each and every assignment in reasonable

time frame and in professional manner. Failure to carry out any

assignment within reasonable time frame and /or professional manner

will be considered as default.. One percent of monthly payment will be

deducted for each default subject to maximum five percent such

deduction.

6.0 Reimbursement of taxes and duties

(i) a. All tendered rates shall be inclusive of all taxes and levies payable

underrespective statutes. However, if any new tax or levy is imposed

byCentral/State Government/Local body, after the date of submission

oftenders for the Contract including extensions if any, the Contractor

shallbe reimbursed, subject to compliance of provisions of paragraphs

(ii) and(iii) of this Sub-clause.

b. Any increase or decrease in Service tax or other taxes shall be

reimbursed toor recovered from the Contractor, subject to compliance

of provisions ofparagraphs (ii) and (iii) of this Sub-clause.

(ii) The Contractor shall be reimbursed against proof of payment, the

amountso paid, provided such payments, if any, is not, in the opinion of

theEmployer attributable to delay in execution of work within the control

ofthe Contractor. The Contractor shall keep necessary books of

accountsand other documents for the purpose of this condition as may

benecessary and shall allow inspection of the same by a duly

authorizedrepresentative of the Employer and shall furnish such

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otherinformation/document as the Employer may require from time to

time.

(iii) The Contractor shall, with in a period of 30 days of the imposition of

anynew tax or levy or of changes in existing structure of taxes or

leviesmentioned in paragraph (i), give a written notice thereof to the

Engineerthat the same is given pursuant to this condition, together with

allnecessary information relating thereto.

(Signature)


Bidders Name & Seal


Date :