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Request for proposal for outsourcing of security services for the campus of VTS MCC Kandla, Directorate General of Lighthouses & Lightships, VTS Directorate, Gandhidham, Gujarat

GOVERNMENT OF INDIA MINISTRY OF SHIPPING

DIRECTORATE GENERAL OF LIGHTHOUSES AND LIGHTSHIPS

VTS DIRECTORATE GANDHIDHAM- 370201.

BID DOCUMENT

FOR

NAME OF WORK: Providing round the clock Security Services at

MCC Kandla station.

File No: 1-(M) VTS/17/2013

Tender published at website

http://eprocure.gov.in/eprocure/app

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Table of Contents

Sl.No. Description Section Page No.

1. Notice inviting e-tender I 1

2 Instructions to Bidder II 4

3 Detailed Bid Notice III 11

4. General conditions of Contract IV 17

5. Special Conditions of Contract V 27

6. Technical Requirement & Scope of Works VI 31

7. Schedule of Rates/ Bill of Quantity 39

8. Earnest Money Deposit Form Annexure-I 35

09. Proforma for Performance Guarantee Annexure-II 36

10. Tender Acceptance letter Annexure-III 37

11. Undertaking Annexure-IV 38

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GOVERNMENT OF INDIA MINISTRY OF SHIPPING

DIRECTORATE GENERAL OF LIGHTHOUSES AND LIGHTSHIPS

VTS DIRECTORATE GANDHIDHAM- 370201.

SECTION- I

NOTICE INVITING e- TENDER

File No 1(M)/VTS/ 17/ 2013 Dated: 18/06/2016

For & on behalf of President of India, the Dy. Director General of Lighthouses &

Lightships, Gandhidham, Gujarat - India, invites Online Bids under two bid

system (two cover system, Part I-Technical bid, Part II- Commercial bid) from

the agencies registered as service provider for providing security services for

safeguarding properties of the Directorate General of Lighthouses & Lightships,

VTS Directorate, MCC Kandla station.

Providing round the clock Security Services at MCC Kandla on Contract basis.”

1. Estimated Cost Rs. 237168/-

2. Earnest Money Deposit Rs. 4743/- in the form of Demand Draft/ FDR/ Banker

Cheque from any RBI Scheduled Bank.

3 Tender Fees ( Non-Refundable) 500/-

4 Period of Download of Bid Document

18/06/2016(11:00 AM) to 28/06/2016 ( 03:00 PM)

5 Pre Bid Meeting 22/06/2016 (11.30 AM)

6 Bid Submission Period 18/06/2016 (11:00 AM) to 28/06/2016 (03:00PM)

7 Date of Opening of Technical Bids

28/06/2016 (04:00 PM)

8 EMD & Tender Fee (in original) submission period

Up to 28/06/16 @ 1500 Hrs.

9 Eligibility Criteria

1. Agency/Firm should be registered with Municipal Corporation/Panchayat/Local Government body. 2. Satisfactory completed similar works during last seven years ending on financial year on 31.03.2016 be submitted document as evidence. (a) Three similar works each of value not less than 40% of estimated cost. or (b) Two similar works each of value not less than 50% of estimated cost. or (c) One similar work each of value not less than 80% of estimated cost. Similar works means providing Supplying of man power on contract basis.

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3. Permanent Account Number/ITCC/VAT

Registration.

4. Key personnel available for supervision and

execution of the work with their experience.

5. An undertaking that the tender is unconditional as

per annexure IV.

6. A Scanned copy of tender acceptance letter

annexure III.

7. An affidavit that the bidder is not black listed.

8. Gazetted employee (who are their relative) and

serving in ministry of Shipping or Directorate General

of Lighthouses and Lightships anywhere in India.

9. Average financial turnover should not less than

500000/- per Annum.

1.1 Tender Fee of 500/- in the form of Demand Draft (in original) drawn in

favour of “Deputy Director General-VTS”, Payable at Gandhidham. 1.2 EMD of Rs 4743/- shall be furnished in the form of Demand Draft FDR from any

Nationalized Bank, drawn in favour of the Deputy Directorate General -VTS. EMD in any

other form shall not be accepted. Detail of submission of EMD given in Annexure -I

1.3 Submission of EMD and Tender Fees will be as per above schedule. 1.4 The details of work are available in the tender document which can be

downloaded from website Central Public Procurement (CPP) Portal

http://eprocure.gov.in/eprocure/app and the bid is to be submitted online only

on http://eprocure.gov.in/eprocure/app up to last date and time of submission

of tender.

1.5 Bidding is open to all eligible Bidders meeting the eligibility criteria as

defined in clause 3.1. Bidders are to note and satisfy themselves that they fulfill

eligibility criteria. 1.6 Technical evaluation shall be carried out by a Committee. On completion of

technical evaluation only, the Commercial Bids shall be opened by the

Committee. It is an essential requirement to obtain 70% in the technical bid to

qualify for opening of commercial bid. Commercial bids of those bidders who do

not score 70% in technical bids shall not be opened. The decision of the DDG-

VTS in deciding the successful bidder shall be final and binding on the bidders.

1.7 The Bidder shall carefully read Eligibility Criteria & instructions to Bidders,

Technical requirement & Scope of work, General & Special conditions of

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contract, all other documents in connection with the Bid. The Bidder shall

quote his rates, keeping all above points in mind.

1.8 The bid comprises of Providing of round the clock Security services at

MCC Kandla station. The DDG-VTS reserves to himself the right of accepting

the bid. Bidder shall be bound to perform the same at the quoted rates. 1.9 Canvassing whether directly or indirectly, in connection with Bid is strictly

prohibited. The Bids submitted by the Bidders, who resort to canvassing, shall

be summarily rejected. 1.10 Those Bidders whose near relatives are posted as accountant or as a

Gazetted Officer in any capacity in the Directorate General of Lighthouses &

Lightships shall not be permitted to Bid. The prospective Bidder shall also

intimate the names of persons who are working with him in any capacity or

subsequently employed by him, who are near relative to any gazetted officer in

the DDG-VTS or in the Ministry of Shipping. Any breach of this condition by the

bidder shall render him ineligible. By the term ‘near relative’ is meant wife,

husband, parents & grand parents, children & grandchildren, brothers &

sisters, uncles, aunts & corresponding in laws.

1.11 The bidder shall disclose any payment made or proposed to be made to

any intermediaries (agents etc) in connection with the bid.

1.12 No Gazetted Officer of Government of India is allowed to work as a

contractor without prior permission of the Govt. of India in writing to the

competent authority for a period of two years after his retirement from

government service. The contract is liable to be cancelled if either the contractor

or any of his employees is found at any time to be such a person who had not

obtained the permission of Govt. of India as aforesaid, before submission of the

Bid or engagement in the contractor’s service. 1.13 In the event of any specified date, being or declared as a holiday by the

Government of India, the specified activities shall take place on or up to the

appointed time on the next working day. 1.14 The Notice Inviting Bids shall form the part of contract document.

Deputy Director General-VTS

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GOVERNMENT OF INDIA MINISTRY OF SHIPPING

DIRECTORATE GENERAL OF LIGHTHOUSES AND

LIGHTSHIPS VTS DIRECTORATE, GANDHIDHAM

DIST.KUTCH-370201

SECTION –II

INSTRUCTIONS TO BIDDERS

2.1 For & on behalf of President of India, the Deputy Director General -VTS

invites Online Bids under two bid system (two cover system, Part I-Technical

bid, Part II- Commercial bid)from the agencies registered Security Service

Provider for “Providing of round the clock Security services at MCC

Kandla station’’

This section of the bidding document provides the information necessary for

bidders to prepare online responsive bids, in accordance with the

requirements of the DDG-VTS. It also provides information on online bid

submission, opening, evaluation and contract award. It is necessary for the

bidders to go through the instructions contained in this section before

submission of bid.

The bidders are required to submit soft copy of their bid electronically on the

Central Public Procurement (CPP) Portal, using valid Digital Signature

Certificates. The instructions given below are meant to assist the bidders in

registering on the CPP Portal, prepare their bids in accordance with the

requirements and submitting their bids online on the CPP Portal.

http://eprocure.gov.in/eprocure/app. 2.2 REGISTRATION:

(i) Bidders are required to enroll on the e-Procurement module of the Central

Public Procurement Portal by using the “Online bidder enrollment” option

available on the home page. Enrolment on the CPP Portal is free of charge. (ii) During enrolment / registration, the bidders should provide the correct/true

information including valid email-id & mobile no. All the correspondence

shall be made directly with the contractors/bidders through email-id

provided. (iii) As part of the enrolment process, the bidders will be required to choose a

unique user name and assign a password for their accounts.

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(iv) For e-tendering possession of valid Digital Signature Certificate (Class II or

Class III Certificates with signing key usage) is mandatory which can be

obtained from SIFY/TCS/nCode/eMudra or any Certifying Authority

recognized by CCA on eToken/ Smartcard. (v) Upon enrolment on CPP Portal for e-tendering, the bidders shall register

their valid Digital Signature Certificate with their profile. (vi) Only one valid DSC should be registered by a bidder. Bidders are responsible

to ensure that they do not lend their DSC to others which may lead to

misuse and should ensure safety of the same. (vii) Bidders can then log into the site through the secured login by entering their

user ID/password and the password of the DSC / eToken. 2.3 PREPARATION OF BID

(i) For preparation of bid, Bidders shall search the tender from published

tender list available on site and download the complete tender document and

should take into account corrigendum, if any published, before submitting

their bids. After selecting the tender document same shall be moved to the

‘My favorite’ folder of bidders account from where bidder can view all the

details of the tender document. (ii) Bidder shall go through the tender document carefully to understand the

documents required to be submitted as part of the bid. Bidder shall note the

number of covers in which the bid documents have to be submitted, the

number of documents - including the names and content of each of the

document that need to be submitted. Any deviations from these may lead to

rejection of the bid. (iii) Any clarifications, if required, may be obtained online through the tender

site, or through the contact details given in the tender document. (iv) Bidder should get ready in advance with the bid document to be submitted

as indicated in the tender document/schedule in PDF/xls/rar/zip/dwf/jpg

formats. If there is more than one document, they can be clubbed together

using zip format. (v) Bidder can update well in advance, the documents such as experience

certificates, annual report, PAN, TIN, EPF, service tax, other details etc.,

under “My Space” option, which can be submitted as per tender

requirements. This will facilitate the bid submission process faster by

reducing upload time of the bid.

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2.4 SUBMISSION OF BID

(i) Bidder should log into the site well in advance for bid submission so that

he/ she upload the bid in time i.e. on or before the bid submission time. (ii) Bidder should prepare the Tender Fee and EMD as per the instructions

specified in the NIT/ tender document. The originals of Tender Fee and EMD

should be submitted to the DDG-VTS, on or before the last date & time of bid

submission. Bidder should send the EMD & Tender fee through post/Courier

Service. DDG-VTS shall not be responsible for any delay or loss, due to

postal/Courier Service. The details of the Demand Draft/Bank Guarantee,

physically sent, should tally with the details available in the scanned copy

and the data entered during bid submission time, otherwise the uploaded bid

shall liable be to be rejected.

(iii) While submitting the bids online, the bidder shall read the terms &

conditions (of CPP portal) and accept the same in order to proceed further to

submit their bid. (iv) Bidder shall select the payment option as offline to pay the Tender Fee/ EMD

and enter details of the Demand Draft/Bank Guarantee. (v) Bidder shall digitally sign and upload the required bid documents one by one

as indicated in the tender document. (vi) Bidders shall note that the very act of using DSC (Digital Signature

Certificate) for downloading the tender document and uploading their offer is

deemed to be a confirmation that they have read all sections and pages of the

tender document without any exception and have understood the complete

tender document and are clear about the requirements of the tender

document. (vii) Bidder shall note that each document to be uploaded for the tender should

be less than 2 MB. If any document is more than 2MB, it can be reduced

through zip/rar and the same can be uploaded. For the file size of less than

1 MB, the transaction uploading time will be very fast. (viii) Utmost care shall be taken for uploading Schedule of rates and any change/

modification of the price schedule shall render it unfit for bidding.

Bidders shall download the Schedule of Rates i.e. Section VII, in XLS format and save it without changing the name of the file. Bidder shall quote their rates in figures in green background cells, thereafter save and upload the file in financial bid cover (Price bid) only. If the Schedule of Rate file is found to be modified by the bidder, the bid will be rejected. The bidders are cautioned

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that uploading of financial bid elsewhere i.e. other than in cover 2 will result in rejection of the tender.

(ix) Bidders shall submit their bid through online e-tendering system to the Tender Inviting Authority (TIA) well before the bid closing date & time (as per Server System Clock). The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour.

(x) After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the

portal), the bidder shall take print out of system generated acknowledgement

number, and keep it as a record of evidence for online submission of bid,

which will also act as an entry pass to participate in the bid opening. (xi) Bidder should follow the server time being displayed on bidder’s dashboard at

the top of the tender site, which shall be considered valid for all actions of

requesting, bid submission, bid opening etc., in the e-tender system. (xii) All the documents being submitted by the bidder would be encrypted using

PKI (Public Key Infrastructure) encryption techniques to ensure the secrecy of

the data. The data entered cannot be viewed by unauthorized persons until

the time of bid opening. The confidentiality of the bid is maintained using the

secured Socket Layer 128 bit encryption technology. Data storage encryption

of sensitive fields is done. (xiii) The bidder should ensure/see that the bid documents submitted should be

free from virus and if the documents could not be opened due to virus during

tender opening, the bid is liable to be rejected. (xiv) Any bid document that is uploaded to the server is subjected to symmetric

encryption using a system generated symmetric key. Further this key is

subjected to asymmetric encryption using buyers/bid openers public keys.

Overall, the uploaded tender documents become readable only after the

tender opening by the authorized bid openers. (xv) The bidder should logout of the tendering system using the normal logout

option available at the top right hand corner and not by selecting the (X) exit

option in the browser. (xvi) Any query relating to the tender document and the terms and conditions

contained therein should be addressed to the Tender Inviting Authority for a

tender or the relevant contact person indicated in the tender.

(xvii) Any query relating to the process of online bid submission or queries relating

to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk.

The contact number for the helpdesk is 1800 3070 2232.

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2.5 SUBMISSION OF OFFER

The tender shall be submitted online in two cover system duly scanned and digitally signed by the authorized representative of the bidder as follows:

A) Cover -1 (TECHNICAL BID) Online bid should be submitted containing copy of the following documents in Cover-1 as documentary proof, for fulfilling qualifying criteria, failing which the offer shall be summarily rejected.

i) Scanned Copy of Earnest Money Deposit as per NIT (Section I) from any Nationalized Bank/RBI approved Bank.

ii) Scanned Copy of Tender fee (Non-refundable) of Rs.500/- in the form

of Demand Draft drawn in favour of “Deputy Director General-VTS,

VTS Directorate ” payable at Gandhidham.

iii) Scanned copies of proof for eligibility as per Section III.

iv) Scanned copy of tender acceptance letter.(Annexure-III) If the Cover-1 i.e. technical bid does not contain any of the above mentioned

documents or contains incomplete or unsuitable technical details, then the offer

shall be deemed liable to rejection/ disqualification. The respective Cover– 2, i.e.

Price Bid of the technically disqualified offers shall not be opened. The bidders are

cautioned that divulging of any price information in Cover-1 (Technical Bid) will

result in rejection of their tender. B) Cover-2 (PRICE BID)

The Cover-2 shall contain the price bid in the enclosed "Schedule of Rates/ Bill of

Quantity" as per the excel format enclosed at Section–VII.

i) Price bid in excel format (BoQ/ schedule of Rates) provided alongwith this

tender shall only be used for quoting price/offer.

ii) It may please be noted that this part shall not contain any term & conditions. Any condition given in the price bid (cover-2) shall be sufficient cause for rejection of bid.

iii) The quoted rates shall be written in figures in enclosed proforma (BoQ/Schedule of Rates) which should be duly digitally signed by the bidder or his authorized person.

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2.6 SUBMISSIONS AND OPENING: -

2.6.1 The bid should be submitted online at website

http://eprocure.gov.in/eprocure/app only, by the due date as in NIT (Section I) of

the bid. The Server Date & Time as appearing on the website

http://eprocure.gov.in/eprocure/app shall only be considered for the cut-off

date and time for submission of bids. Offers sent through post, telegram, fax,

telex, e-mail, and courier or by any other mode will not be considered. In case of

date of opening is declared, as holiday tender will be opened on next working day

at same time.

2.6.2 Only those bidders shall be considered qualified by the DDG-VTS, who

submit requisite EMD and documents, accept all the terms & conditions of the

Tender document unconditionally and meet the qualifying requirement stipulated

in the Tender document. The decision of the DDG-VTS shall be final and binding in

this regard. 2.6.3 The bidder shall bear all cost associated with the preparation and submission

of its bid and the DDG-VTS will in no case be responsible or liable for these cost,

regardless of the conduct or outcome of the tendering process. 2.6.4 The prospective bidder requiring any clarification of the tender document

may obtain the same online/ offline from Tender Inviting Authority, Dy. Director

General , Directorate General of Lighthouses & Lightships, VTS Directorate,

Gandhidham, in person or otherwise in writing so as to reach the said office on or

before pre bid meeting mentioned in NIT (Section I) of the bid.

2.7 Pre-Bid Meeting

A pre-bid meeting to provide clarifications before the last date for

submission of bids will be arranged at VTS Directorate, Gandhidham, 370201

date and Time as in NIT (Section I) of the bid. The bidders who may like to

participate shall have to attend the meeting at their own expenses at VTS

Directorate-Gandhidham 2.8 Evaluation of Bids:

2.8.1 The DDG-VTS will determine whether each bid is of acceptable quality, is

generally complete and is substantially responsive to the tender document. For the

purposes of this determination, a substantially responsive bid is one that conforms

to all the terms, conditions & specifications of the tender document without any

deviations, objections, conditionality or reservations. 2.8.2 Price Bid/Schedule of Rates shall be evaluated based on the lowest cost. 2.8.3 If a bid is not substantially responsive, it will be rejected by the and may not

subsequently be made responsive by the bidder by correction of the non-

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conformity.

2.8.4 The bid that does not meet minimum acceptable standards of completeness,

consistency and details will be rejected for non-responsive. 2.8.5 If the present performance of the bidder in a current contract for any major

work is unsatisfactory as certified by the any authority of the relevant work, the

offer of the bidder will be summarily rejected without assigning any reasons

thereof. 2.8.6 The bidders shall quote the rates only for the items mentioned in the

schedule of Rates in excel format provided alongwith this tender. 2.8.7 The rates shall be quoted in Indian Currency only and if quoted in any other

currency, the offer is liable to be rejected. 2.8.8 Conditional offers are liable for rejection.

2.7.9 The Price bid(s) of the prospective bidder(s), who fulfills the techno-

commercial requirement of the bid(s), shall be evaluated further. 2.8.10 Any effort by a bidder to influence the DDG-VTS in the process of

examination, clarification, evaluation and comparison of tenders, and in decisions

concerning award of contract, may result in rejection of the bidder's tender. 2.9 Notification of Award 2.9.1 The bidder whose bid has been accepted will be notified for the award by the

DDG-VTS prior to expiration of the Bid validity period through the work order. 2.9.2 The Bidder shall promptly check their e-mailbox registered with CPP Portal

for receipt of any information/clarification/ correspondence in respect of their bid.

The DDG-VTS shall not be responsible for non-receipt/failure of e-mail to the

bidders. 2.9.3 If any of the information furnished by the bidder is found to be incorrect at

any stage, the bid/ contract is liable to be rejected/terminated and the EMD/

Performance Security will be forfeited.

2.9.4 DDG-VTS reserves the right to cancel the tender without assigning any

reason thereof.

2.9.5 Tenders from those tenderers who have not submitted their offer as per NIT

will not be considered.

Deputy Director General-VTS

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GOVERNMENT OF INDIA MINISTRY OF SHIPPING

DIRECTORATE GENERAL OF LIGHTHOUSES & LIGHTSHIPS VTS DIRECTORATE, GANDHIDHAM

DIST.KUTCH-370201

SECTION –III

DETAILED BID NOTICE

3.1 Technical Bid -Eligibility Criteria

3.1 Eligibility Criteria

. 3.1.1 It is an essential requirement that the bidder has completed one similar

works of value 80% of Estimated cost or two similar works of value 50% of

Estimated cost each or three similar works of value 40% of Estimated cost

each during last seven years ending 31st March, 2016. Similar works

means providing Supplying of man power on contract basis.

3.1.2 Technical bid of the firms not meeting the eligibility criteria mentioned in

para 3.1.1 & 3.1.2 will not be evaluated. 3.3 Instructions to Bidders

3.3.1 The bid shall remain valid in all the respect up to 90 days from the date of opening of the

Technical bid.

3.3.2 The bidder shall furnish following documents alongwith the technical bid: i) Scanned copy of EMD of requisite amount. ii) Proof of satisfactory execution and completion of similar works

during last Five years. iii) Copies of original documents defining the legal status, place of

registration, principal place of business, written power of attorney of the signatory of the bidder to commit the bid,

iv) Information regarding works in hand and their performance. v) Information regarding any litigation, current or during last 5 years,

orders regarding exclusion, expulsion or black listing if any, in which Bidder is involved, the parties concerned and disputed amount

vi) Total monetary value of similar works performed for each of last seven years,

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vii) Copies of Income Tax Return & Service Tax for the last two years. viii) Self attested copy of PAN Card under Income Tax Act. ix) Self attested copy of Service Tax Registration Number. x) Self attested copy of valid registration certificate/license with the

appropriate authority. xi) xii) Self attested recent passport size photograph(s) of the authorized

person(s) of the firm/ agency with name, designation, Office/Residential address and office Telephone numbers. Whether the bidder is a sole proprietor/partnership firm? If partnership firm, names addresses and telephone numbers of Partners also.

xiii) Proof of experience supported by documents from the concerned organizations.

xiv) An affidavit that the bidder is not blacklisted by any Government organization.

xv) The names of the organization and places with addresses and Performance Certificates shall be furnished with the bid documents.

The bid shall be rejected if the documents are found false or fake. If at a

later stage, the documents submitted are found false or fake, the Contract shall be

terminated and performance bank guarantee will be forfeited. Also, the Contractor

shall be fined as deemed appropriate by the employer for breach of trust. 3.3.3 The bidder shall bear all costs associated with the preparation of the bid and

the employer will in no case be responsible or liable for those costs. 3.3.4 Prospective Bidder requiring any further information or clarification on the

Bid document may notify the employer in writing / fax/e-mail at the Employers mailing address indicated in the Notice Inviting Bids. The last date to submit queries to the Employer on bid document is as in Section I (NIT) of the bid.

3.3.5 A pre-bid meeting with prospective Bidders, who have submitted the querries

, will be held on schedule given in NIT (Section I) at the VTS Directorate ,

Gandhidham to clarify the issues & to answer the queries. Bidders are

advised to attend the pre- bid meeting who may intend to attend at their own

cost. Bidder shall send ‘AUTHORITY LETTER’ with an attested specimen

signature of the representatives who are deputed by them to be present at

the time of pre-bid meeting and opening of the Bid. However, non-attendance

of the pre-bid meeting shall not be a cause for disqualification of the Bidder.

Any substantive clarification or modification arising out of the pre-bid

meeting would be finalized only by addendum to bid documents. Outcome of

the pre-bid meeting including the text of questions received (without

identifying the source of inquiry) and the responses given shall be sent to all

purchasers of bid documents. No further queries shall be entertained after

settling clarifications/issues during the above pre- bid meeting.

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3.3.6 At any time prior to the deadline for submission of Bids, the Employer may

for any reason, whether at his own initiative or in response to a clarification

requested by a prospective Bidder, modify the bid documents by

amendment. 3.3.7 The amendment shall be part of the bid document and will be notified in

writing or by Fax or e-mail to all prospective Bidders. Bidders are required to

acknowledge receipt of any such amendment to the bid documents. 3.3.8 Language of the bid

All documents related to bid should preferably be in English language. The

language for communications shall be English. Any printed literature

furnished by the bidder may be written in another language provided that

this literature is accompanied by an English Translation. In such case, for

purpose of interpretation of the Bid, the English translation shall prevail. 3.3.9 Preparation of Bid

3.3.9.1 The bid prepared by the bidder shall be having two parts viz. Part-I

(Technical bid) and Part-II (Commercial bid). 3.3.9.2 The technical bid shall comprise scan copies of the following –

(a) Detailed proposal in accordance with the bid document. (b) Documentary evidence establishing, in accordance with instructions to

Bidder, that the Services to be supplied by the bidder conform to the bid document.

(c) Documentary evidence establishing, in accordance with Instructions to Bidder, that the bidder is eligible to bid.

(d) Documentary evidence establishing, in accordance with Instructions to Bidder, that the bidder is qualified to perform the Contract if the bid is accepted.

(e) All the documents as mentioned in Para 3.3.2. (f) Scan copy of EMD amounting to Rs. 4743/- in the Demand Draft

from a Nationalized Indian bank/ RBI approved bank, issued in favour of the Deputy Director General VTS, Payable at Gandhidham

(g) An undertaking to the effect that the price bid does not contain any condition as per form Annexure -IV.

3.3.9.3 The Commercial bid shall contain Bill of quantities (BOQ at section VII)

duly filled in accordance with instructions to bidders. 3.3.10 Bid Price 3.3.10.1 The bidder shall complete the schedule of works as in BOQ included in

the bid document stating item wise, unit price and the total amount.

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3.3.10.2 Price quoted by the bidder shall remain firm and valid until completion of

Contract performance. 3.3.11 Bid Currencies

The Contract provides for payment of the Contract Price in Indian Rupee

only. In case of qualification of the bidder of the foreign origin, a rupee

payment account in India shall be opened by him. 3.3.12 Filling of Bid 3.3.12.1 All the rates and amount shall be quoted in whole denomination of the

Indian Rupee. 3.3.12.2 The rate of each item shall be quoted both in words and figures. The

amount in figures shall be written in such a way that interpolation is not

possible. 3.3.12.3 No amount shall be paid to the Contractor for the item for which no rate

or amount is quoted by the Bidder, but the contractor shall be bound to

do that job/work free of cost (on zero amount). Moreover, for comparison

purpose, highest rate quoted by other bidders shall be loaded for the

subject component/item. 3.3.12.4 The bidder shall be deemed to have satisfied himself before Bidding as to

the correctness and sufficiency of his bid for the works and of the rates &

amount quoted in the schedules of works, which rates & amounts, shall,

except as otherwise provided, cover all his obligations under the contract

and all matters and things necessary for the proper completion of the

work as aforesaid in accordance with good practices and recognized

principles. 3.3.12.5 In case of any bid where unit rate of any item appears unrealistic, such

bid shall be considered unbalanced and non-responsive. The employer

may ask for providing satisfactory explanation for such unrealistic quoted

rate. If bidder is unable to provide satisfactory reply with supporting

analysis of rates, the bid shall be rejected. 3.3.13.6 Each bidder shall submit only one bid for this work. A bidder who

submits more than one bid for this work will attract disqualification and

rejection of all of his bids. 3.3.13.7 The bidder shall not be under a declaration of in-eligibility for corrupt &

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fraudulent practices in any Govt. Department or organization in India or

abroad. 3.3.13.8 The bid shall contain no interlineations, erasures or overwriting except

corrections as necessary to correct the errors made by the Bidder, in

which case such correction shall be initialed by the person/persons

signing the offer. The bid shall be typewritten or handwritten in indelible

ink and shall be signed by the bidder or authorized signatory. The bid

shall contain no additions or alterations except those to comply with

instructions specified by the employer but those shall be initialed by the

Bidder.

3.3.13 Evaluation of Bids 3.3.13.1 To assist in the examination, evaluation and comparison of bids, DDG-

VTS may, at his discretion, ask the bidder for any clarification on his bid.

All responses to such requests for clarification shall be in writing. No

change in the prices or substance of the bid shall be sought, offered or

permitted. 3.3.13.2 Evaluation of bids shall be carried out by a committee as per evaluation

criteria given in Section VIII. The decision of the Employer in deciding

successful bidder shall be final and binding on the bidder. 3.3.14 Award of work and signing the agreement 3.3.14.1 The employer shall award the Contract to the bidder whose bid has been

determined to be responsive to the bid document and who has offered the

lowest bid price, provided that such bidder has been determined to be –

(a) Eligible in accordance with the provisions of Clause 3.1 and (b) Qualified in accordance with the provisions of Clause 3.3.14.

3.3.14.2 The employer shall award the contract within 180 days of the opening of

the Technical bid. 3.3.14.3 The bidder whose bid has been accepted shall be notified of the award by

the DDG-VTS prior to expiry of the bid validity period by cable, telex or

facsimile confirmed by registered letter. This letter will state the sum that

the Employer shall pay the Contractor in consideration of the execution of

work by the Contractor as prescribed in the Contract. 3.3.14.4 The notification of award will constitute the formation of the Contract

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subject to the furnishing of a contract performance bank guarantee.

Within 15 days of receipt, the successful bidder will furnish the contract

performance bank guarantee amounting to 10% of the tender value as per

Annexure- II and sign the Agreement with the employer. 3.3.15.5 The contractor shall initiate execution of works and and submit the detail

of execution team and detail plan of action ton DDG VTS 3.3.15.6 The Agreement will incorporate all correspondences between the employer

and the successful bidder. It will be signed by the employer and

successful bidder within 15 days following the notification of award along

with the Letter of Acceptance. 3.3.15.7 The rates shall be valid for a period of 90 days however 3.3.15.8 The E.M.D. of the successful Bidder shall be refunded without any

interest within 30 days after the award of contract and submission of

Performance Bank Guarantee valid upto 01 year beyond the date of

completion of work. The earnest money deposit of the unsuccessful

bidders shall also be refunded within 30 days, without any interest, after

award of the contract.

(h) A bid must be accompanied by an earnest money of Rs. 4743/- (Rs. Four Thousand seven hundred forty three only) the Demand Draft/FDR/Bankers Cheque from a Nationalized Indian bank/ RBI approved bank, issued in favour of the Deputy Director General VTS, Dept. of LHLS Payable at Gandhidham The E.M.D. of unsuccessful bidders shall be returned on acceptance of work order and submission of performance bank guarantee by the successful bidder.

3.3.15.9 However, the successful bidder shall be required to submit a

performance bank guaranty (Annexure-II), equivalent to 10% of the

contract value, which will remain valid for 01 year from the date of start

of work.

3.3.15.10 The Deputy Director General of reserves the right to decide the eligibity

of the bidders. Bidder shall send “Authority letter” with an attested

specimen signature of their representative, deputed by them to be present

at time of opening of bids.

Deputy Director General-VTS

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GOVERNMENT OF INDIA MINISTRY OF SHIPPING

DIRECTORATE GENERAL OF LIGHTHOUSES & LIGHTSHIPS VTS DIRECTORATE, GANDHIDHAM DIST. KUTCH-370201

SECTION IV

GENERAL CONDITIONS OF CONTRACT

4.1 Definitions: In the Contract, the following words and expressions shall have the meanings hereby

assigned to them (words indicating persons or parties include any legal entities) except where the

context requires otherwise. 4.1.1 The Contract: 4.1.1.1 “Contract” means Special and General conditions, the specifications, the drawings, the

schedule of works, the tender, the letter of acceptance, the Contract agreement (if completed) and

such further documents as may be expressly incorporated in the Letter of Acceptance or Contract

Agreement (if completed). 4.1.1.2 “Contract Agreement” means the contract agreement referred to in Sub-clause

“Contract Agreement”, including any annexed memoranda. 4.1.1.3 “Employer’s Requirements” means the document entitled employer’s requirements, as

included in the Contract, and any additions and modifications to such document in accordance with

the Contract. Such document specifies the purpose, scope, and/or design and/or other technical

criteria, for the works. 4.1.1.4 “Bid” means the Contractor’s signed offer for the works and all other documents which

the Contractor submitted therewith for the execution and completion of the work and remedying of

any defects therein in accordance with the provisions of the contract, as accepted by the letter of

acceptance. 4.1.1.5 “Contract Performance Bank Guarantee” and “Schedule of Payments” mean the

documents so named (if any), as included in the Contract. 4.1.2 Parties and Persons

“Party” means the Employer or the Contractor, as the context requires.

4.1.2.1 “Employer” means the President of India acting through the Deputy Director General-VTS

Directorate General of Lighthouses & Lightships VTS Directorate, Ministry of Shipping,

Government of India (hereinafter referred to as ‘DDG-VTS’ which expression shall unless excluded

by or repugnant to the context or meaning thereof include its successor in office and assignee).

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4.1.2.2 “Contractor” means the person(s), firms, or company whose bid has been accepted bythe

employer and the legal successor but not (except with the consent of the employer) any assignee of

such person. 4.1.2.3 “Employer’s Representative” means the person named by the Employer in the

Contractor appointed from time to time by the Employer under Sub-Clause “The Employer’s

Representative”, who acts on behalf of the Employer. 4.1.2.4 “Contractor’s Representative” means the person named by the Contractor in the Contract

or appointed from time to time by the Contractor under Sub-Clause “Contractor’s Representative”,

who acts on behalf of the Contractor. 4.1.2.5 “Employer’s Personnel” means the Employer’s Representative, the assistants referred to

in Sub-Clause “Other Employer’s Personnel” and all other staff, labour and other employees of the

Employer and of the Employer’s Representative; and any other personnel notified to the Contractor,

by the Employer or the Employer’s Representative, as Employer’s Personnel. 4.1.2.6 “Contractor’s Personnel” means the Contractor’s Representative and all personnel whom the Contractor utilizes on Site, who may include the staff, labour and other employees of the

Contractor and of Each Subcontractor; and any other personnel assisting the Contractor in the

execution of the Works. 4.1.2.7 “Directorate” means the VTS Directorate, Directorate General of Lighthouses & Lightships,

Ministry of Shipping, Government of India, Gandhidham -370201.

4.1.3. Dates, Tests, Periods and Completion 4.1.3.1 “Base Date” means the last date for submission of the Bid.

4.1.3.2 “Commencement Date” means the date of issue of written order to start the work.

4.1.4 Other Definitions

4.1.4.1 “Country” means the country in which the Site is located, where the Permanent Works are

to be executed. 4.1.4.2 “Employer’s Equipment” means the apparatus, machinery and vehicles (if any) made

available by the Employer for the use of the Contractor in the execution of the Works, as stated in the

Employer’s Requirements; but does not include Plant which has not been taken over by the Employer. 4.1.4.3 “Force Majeure” is defined in Clause “Force Majeure”.

4.1.4.4 “Laws” means all national (or state) legislation, statutes, ordinances and other laws, and

regulations and by-laws of any legally constituted public authority.

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4.1.4.5 “Performance Guarantee” means the security (or securities, if any) under Sub-Clause “Performance Guarantee”. 4.1.4.6 “Variation” means any change to the Employer’s Requirements or the Works, which is

instructed or approved as a variation under Clause “Variations and Adjustments”. 4.2 Interpretation

In the Contract, except where the context requires otherwise:

(a) Works indicating one gender include all genders; (b) Works indicating the singular also include the plural and words indicating the plural

also include the singular; (c) Provisions including the word “agree”, “agreed” or “agreement” require the agreement

to be recorded in writing, and (d) “Written” or “In Writing” means hand-written, type-written, printed or electronically

made, and resulting in permanent record.

The marginal works and other headings shall not be taken into consideration in the

interpretation of these conditions. 4.3 Communication

The contractor shall be contactable at all times and message sent by phone/e-mail/FAX/Special

Messenger from the Directorate to the contractor shall be acknowledged immediately on

receipt on the same day. The contractor shall strictly adhere to the instructions issued by the

Directorate in fulfillment of the contract from time to time. 4.4 Law and Language: The Contract shall be governed by the Indian Law. All documents

related to bid shall preferably be in English language. The language for communications shall be

English. Any printed literature furnished by the Bidder may be written in another language provided

that this literature is accompanied by an English Translation, in which case, for purpose of

interpretation of the bid, the English translation shall prevail. Law suits and other proceedings arising

out of or in connection with the contract works shall be instituted in Courts of Law at Delhi/New

Delhi, India.

4.5 Priority of Documents: The documents forming the Contract are to be taken as mutually

explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in

accordance with the following sequence:

(a) The Contract Agreement, (b) Scope of Work (c) The Special Conditions of Contract, (d) The General Conditions of Contract, (e) The employer’s requirement,

4.6 Contract Agreement: The Contract shall come into full force and effect on the date stated

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in the Contract Agreement. The costs of stamp duties and similar charges (if any) payable under laws

in connection with entry into the Contract Agreement shall be borne by the bidder. The bidder shall

bear all costs associated with the preparation and delivery of his bid and the Employer shall in no case

be responsible or liable for those costs. 4.7 Assignment: The contractor shall not assign any work without prior approval of the

employer whose decision is final and binding upon the contractor. 4.8 Care and Supply of Document: Each of the Contractor’s Documents shall be in the

custody and care of the Contractor, unless and until taken over by the Employer. The Contractor shall

supply to the Employer two copies of each of the Contractor’s Documents.

The Contractor shall keep, on the Site, a copy of the Contract, publications named in the

Employer’s Requirements, the Contractor’s Documents, and Variations and other communications

given under the Contract. The Employer’s Personnel shall have the right of access to all these

documents at all reasonable times.

If a Party becomes aware of an error or defect of a technical nature in a document, which

was prepared for use in executing the works, the Party shall promptly give notice to the other Party of

such error or defect. 4.9 Confidentiality: Both Parties shall treat the details of the Contract as Private and

confidential, except to the extent necessary to carry out obligations under it or to comply with

applicable Laws. The Contractor shall not publish, permit to be published, or disclose any particulars

of the Works in any trade or technical paper or elsewhere without the previous consent of the

Employer in writing.

4.10 Contractor’s Use of Employer’s Documents

As between the Parties, the Employer shall retain the copyright and other intellectual

property rights in the Employer’s Requirements and other documents made by (or on behalf of) the

Employer. The Contractor may, at his cost, copy, use, and obtain communication of these documents

for the purposes of the Contract.

They shall not, without the Employer’s consent, in writing, be copied, used or

communicated to a third party by the Contractor, except as necessary for the purposes of the Contract. 4.11 Confidential Details:

The Contractor shall not be required to disclose, to the Employer, any information, which

the Contractor described in the bid as being confidential. The Contractor shall, however, disclose any

other information, which the Employer may reasonably require in order to verify the Contractor’s

compliance with the Contract. 4.12 Compliance with Laws:

4.12.1 The Contractor shall, in performing the Contract, comply with all applicable Laws.

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4.12.2 The Contractor shall give all notices, pay all taxes, duties and fees, and obtain all permits,

licenses and approvals, as required by the Laws in relation to the execution and completion

of the Works and the Contractor shall indemnify and hold the Employer harmless against and

from the consequences of any failure to do so. 4.12.3 The contractor shall abide by and comply with all the relevant laws and statutory

requirements covered under Labour Act, Minimum Wages and Contract Labour (Regulation

& Abolition Act 1970), etc. with regard to the personnel engaged by him. 4.12.4 The persons supplied by the contractor for execution of work, should not have any adverse

Police records/criminal cases against them. The antecedents of staff deployed shall be got

verified by the contractor from local police and an undertaking in this regard to be submitted

to the Directorate.

4.14 Permits, Licenses or Approvals

The Employer shall (where he is in a position to do so) provide reasonable assistance to the

Contractor at the request of the Contractor:

(a) By obtaining copies of the laws of the Country which are relevant to the Contract but

are not readily available, and (b) For the Contractor’s applications for any permits, licenses or approvals required by the

Laws of the Country which the Contractor is required to obtain under Sub-Clause

“Compliance with Laws”.

4.15 The Employer’s Representative

The Employer may appoint an Employer’s Representative to act on his behalf under the

Contract. In this event, he shall give notice to the Contractor of the name, address, duties and authority

of the Employer’s Representative.

The Employer’s Representative shall carry out the duties assigned to him, and shall

exercise the authority delegated to him, by the Employer. Unless and until the Employer notifies the

Contractor otherwise, the Employer’s Representative shall be deemed to have the full authority of the

Employer under the Contract, except in respect of “Termination by Employer”.

If the Employer wishes to replace any person appointed as Employer’s Representative, the

Employer shall give the Contractor notice of the replacement’s name, address, duties and authority,

and of the date of appointment. 4.16 Contract Performance Guarantee.

4.16.1 Within 15(fifteen) days after the issue of letter of intent for award of the Contract by the

Employer, the Contractor shall furnish a Contract Performance Bank Guarantee for due

performance of the contract till the expiry of contract period, which shall be equivalent to

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the 10% of the value of the contract, as per the form Annexure-II, from a nationalized/RBI

approved bank. Failure of the Contractor to furnish the required Bank guarantee by due

date shall constitute sufficient grounds for the annulment of the award and forfeiture of the

E.M.D. 4.16.2 Contract Performance Bank Guarantee shall be in the name of the Deputy Director General

-VTS, Payable at Gandhidham. 4.16.3 The Contract Performance Bank Guarantee shall be valid for 01 year from successful

completion of work completion of the work and the same will be released after the

successful completion of contract period. 4.16.4 The Employer shall not make a claim under the Contract Performance Guarantee, except

for amounts to which the Employer is entitled under the Contract in the event of:

(a) Failure by the Contractor to extend the validity of the Contract Performance Bank

Guarantee as described in the preceding paragraph, in which event the Employer may

claim the full amount of the Contract Performance Bank Guarantee, (b) Circumstances, which enables the Employer to terminate under sub-Clause

“Termination by Employer”, irrespective of whether notice of termination has been

given.

The Employer shall return the Contract Performance Bank Guarantee to the Contractor

after the successful completion of work during contract period. 4.17 Contractor’s Representative

(a) The Contractor shall appoint the Contractor’s Representative and shall give him all

authority necessary to act on the Contractor’s behalf under the Contract. (b) Unless the Contractor’s Representative is named in the Contract, the Contractor shall,

prior to the Commencement Date, submit to the Employer for consent, the name and

particulars of the person, the Contractor proposes to appoint as contractor’s

Representative. If consent is withheld or subsequently revoked, or if the appointed

person fails to act as Contractor’s Representative, the Contractor shall immediately

submit the name and particulars of another suitable person for such appointment. In the

event of the employer asking the contractor to remove a person from his staff stating the reasons, the contractor shall ensure that the person leaves the site

immediately and has no further relations with this work. (c) The Contractor shall not, without the prior consent of the Employer, revoke the

appointment of the Contractor’s Representative or appoint a replacement.

(d) The Contractor’s Representative shall, on behalf of the Contractor, receive instructions. (e) The Contractor’s Representative may delegate any powers, functions and authority to

any competent person, and may at any time revoke the Delegation. Any delegation or

revocation shall not take effect until the Employer has received prior notice signed by

the Contractor’s Representative, naming the person and specifying the powers,

functions and authority being delegated or revoked. (f) The Contractor’s Representative and all these persons shall be fluent in the language

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for communications defined in Sub-Clause “Law and Language”. 4.18 Responsibility for Accidents:

The Contractor shall be responsible for any accidents or damages to the work during the

work and they shall restore and make good such injury at their own expenses. 4.19 Sufficiency of the Contract Price.

The Contractor shall be deemed to have satisfied himself as to the correctness and

sufficiency of the Contract Price. 4.20 Payment in Applicable Currencies

The Contract provides for payment of the Contract Price in Indian Rupees only.

4.21 Cessation of Employer’s Liability The Employer shall not be liable to the Contractor for any matter or thing under or in connection with the Contract or execution of the Works, except to the extent that the Contractor

shall have included an amount expressly for it:

4.22 Termination by Employer

The Employer shall terminate the Contract if the Contractor-

(a) Abandons the Work or otherwise plainly demonstrates the intention not to continue

performance of his obligation under the Contract, (b) Subcontracts the whole of the Works or assigns the Contract without the required

agreement, (c) Becomes bankrupt or insolvent, goes into liquidation, has a receiving or administration

order made against him, compounds with his creditors, or carries on business under a

receiver, trustee or manager for the benefit of his creditors, or if any act is done or

event occurs which (under applicable Laws) has a similar effect to any of these acts or

events, or (d) Gives or offers to give (directly or indirectly) to any person any bribe, gift, gratuity,

commission or other thing of value, as an inducement or reward-

(i) For doing or forbearing to do any action in relation to the Contract, or (ii) For showing or forbearing to show favour or disfavor to any person in relation to

the Contract, or (iii) If any of the Contractor’s Personnel, agents or Subcontractors gives or offers to

give (directly or indirectly) to any person any such inducement or reward as is

described in this sub-paragraph. However, lawful inducements and rewards to

Contractor’s Personnel shall not entitle termination.

(e) In any of these events or circumstances, the Employer may, upon giving 15 days

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notice to the Contractor, terminate the Contract and expel the Contractor from the

Site. However, in the case of sub-paragraph (c) & (d), the Employer may by notice

terminate the Contract immediately.

(f) The Employer’s election to terminate the Contract shall not prejudice any other rights

of the Employer, under the Contract or otherwise. After termination, the Employer

may complete the Works and/or arrange for any other entities to do so.

4.24 Employer’s Entitlement to Termination

The Employer shall be entitled to terminate the Contract, at any time for the Employer’s

convenience, by giving notice of such termination to the Contractor. The termination shall take effect

30 days after the dates on which the Contractor receives this notice. 4.25 Risk and Responsibility

(a) The Contractor shall indemnify and hold harmless the Employer, the Employer’s

Personnel, and their respective agents, against and from all claims, damages, losses

and expenses (including legal fees and expenses) in respect of Bodily injury,

sickness, disease or death, of any person whatsoever during execution of work or

breach of the Contract by the Employer. (b) The Contractor shall be bound to carry out the instruction given by the Directorate

from time to time. (c) The contractor shall ensure that its personnel shall not at any time, divulge or make

known any trust, disclose to any person any details of office, operation process,

technical know-how, security arrangements, administrative/organizational matters

which they came across during performance of their official duties in the

Directorate. (d) The contractor's personnel shall not claim any benefit/compensation/

absorption/regularization of services from/in this Directorate under the provisions of

Industrial Disputes Act., 1947 or Contract Labour (Regulation & Abolition) Act,

1970. Undertaking from the persons to this effect shall be required to be

submitted by the contractor to this Directorate. (e) The Contractor shall be responsible to maintain all property and equipment of the

Directorate entrusted to it for carrying out operation. (f) If the Directorate suffers any loss or damage on account of negligence, default or

theft on the part of the employees/agents of the agency then the contractor shall be

liable to reimburse to the Directorate for the same. (g) The Directorate shall not be liable for any loss/damage to their personal belongings or

vehicles of the personnel of the contract. 4.26 Insurance against Accident etc. to Workmen

The Contractor shall insure and shall maintain insured against his liability under Clause

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“Risk and Responsibility” and shall from time to time when so required by the Employer produce the

policy and the receipts for the premium for satisfactory evidence of insurance cover. The terms of any

such policy shall also include the Provision to indemnify the Employer provided always that

in respect of any persons employed by any Sub-contractors, the contractor’s obligation under this sub

clause shall be satisfied if the sub-contractor shall have insured against the liability in respect of such

persons in such manner that the Employer is indemnified under the policy, but the Contractor shall

require such sub-contractor to produce to the Employer, when required the policy, the receipt for the

premium for satisfactory evidence of insurance cover. 4.27 Remedy on Failure to Insure

If the Contractor shall fail to effect and keep in force the insurances referred to in these

conditions, the Employer may effect and keep in force any such insurance and pay such premium as

may be necessary for the purpose and from time to time deduct the amount so paid by the Employer

from any money due or which may become due to the Contractor under the contract or recover the

same as a debt from the contractor. 4.28 Force Majeure

4.28.1 Definition of Force Majeure

In this Clause, “Force Majeure” means an exceptional event or circumstance-

(a) Which is beyond a Party’s control, (b) Which such Party could not reasonably have provided against before entering into the

Contract, (c) Which, having arisen, such Party could not reasonably have avoided or overcome, and (d) Which is not substantially attributable to the other Party.

Force Majeure shall include, but is not limited to, exceptional events or circumstances of

the kind listed below, so long as conditions (a) to (d) above are satisfied:

(i) War, hostilities (whether war be declared or not), invasion, act of foreign enemies with

India (ii) Rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, (iii) Riot, commotion, disorder, strike or lockout by persons other than the Contractor’s

Personnel and other employees of the Contractor and Sub-contractors, (iv) Munitions of war, explosive materials, ionizing radiation or contamination by radio-

activity, except as may be attributable to the Contractor’s use of such munitions,

explosives, radiation or radio-activity, and (v) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.

4.28.2 Notice of Force Majeure

If a Party is or will be prevented from performing any of its obligations under the Contract

by Force Majeure, then it shall give notice to the other Party of the event or circumstances constituting

the Force Majeure and shall specify the obligations, the performance of which is or will be prevented.

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The notice shall be given within 15 days after the Party became aware, or should have become aware,

of the relevant event or circumstance constituting Force Majeure.

The Party shall, having given notice, be excused performance of such obligations for so

long as such Force Majeure prevents it from performing them.

Notwithstanding any other provision of this Clause, Force Majeure shall not apply to

obligations of either Party to make payments to the other Party under the Contract. 4.28.3 Duty to Minimize Delay

Each Party shall at all times use all reasonable endeavors to minimize any delay in the

performance of the Contract as a result of Force Majeure. A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure.

4.29 Arbitration:

In the event of any question, dispute or difference arising under these conditions or in

connection with this contract (except as to any matter the decision of which is specially provided for

by these conditions) the same shall be referred to the sole arbitration of the Director General of

Lighthouses and Lightships or some other person appointed by him. It will be no objection that the

arbitrator is a Government Servant that he had to deal with the matters to which the contract relates or

that in the course of duties as a government servant he has expressed views on all or any of the

matters in the dispute or differences. The award of the arbitrator shall be final and binding on the

parties to this contract. 4.30 Litigation

Any liability arising out of any litigation (including those in consumer courts) due to any act

of contractor’s personnel shall be directly borne by the contractor including all expenses/fines. The

concerned contractor’s personnel shall attend the court as and when required at the risk and cost of

the Contractor. 4.31 Extra Work

No claim for extra work shall be entertained except where such extra work has been

authorized in writing by the DDG-VTS or his authorized representative. 4.32 Interest on money due to the Contractor:

The Contractor shall not be entitled to interest or damage for loss of interest upon any amount

lodged as deposits with the Department or upon payments in arrears or upon any balance, which may,

on the final settlement on their account, be due to him/them.

Deputy Director General-VTS

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GOVERNMENT OF INDIA MINISTRY OF SHIPPING

DIRECTORATE GENERAL OF LIGHTHOUSES AND LIGHTSHIPS

VTS DIRECTORATE GANDHIDHAM-370201.

SECTION – V

Special Condition of Contract.

5.1 GENERAL

5.2 1. The contract shall commence w.e.f the date of effectiveness of the agreement unless it is

curtailed or terminated by the authority owing to deficiency of service, sub-standard quality of

manpower deployed, breach of contract etc. or change in requirements.

5.3 2. The contract of the agreement commences w.e.f the date when the total manpower required

is provided.

5.4 3. The Agreement shall be for a period of Six months w.e.f the date of its effectiveness unless

extended further by the mutual consent of the Service Provider and the Authority.

5.5 4. The Agreement may be extended, on the same terms and conditions or with some additions /

deletions / modifications, for a further specific period mutually agreed upon by the Service

Provider and the Authority.

5.6 5. The Service Provider shall not be allowed to transfer, assign, pledge or subcontract its rights

and liabilities under this Agreement to any other Service Provider or organization by whatever

name be called without the prior written consent of the Authority.

5.7 6. The Department, at present, has tentative requirement of 03 number of Security Guards. The

requirement of the Department may further increase or decrease marginally, during the period of

initial contract also and the tenderer would have to provide additional manpower services, if

required, on the same terms and conditions.

5.8 7. The Service Provider will be bound by the details furnished by while submitting the tender or

at subsequent stage. In case, any of such documents furnished by it is found to be false at any

stage, it would be deemed to be a breach of terms of Agreement making it liable for legal action

besides termination of the Agreement.

5.9 8. The Authority reserves the right to accept or reject any or all bids without assigning any

reasons thereof. The Authority also reserves the right to reject any bid which in his opinion is

non-responsive or violating any of the conditions/specifications without any liability to any loss

whatsoever it may cause to the bidder in the process.

5.10 9. The Service provider shall nominate a coordinator who shall be responsible for immediate

interaction with the Authority so that optimal services of the persons deployed could be availed

without any disruption. The coordinator shall work under the guidance of the Officer in charge

of the VTS sites and shall be answerable to the concerned incharge of the station.

5.11 10. The entire financial liability in respect of security services deployed at VTS Sites

concerned shall be that of the Service Provider and the Office concerned will in no way be

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liable. It will be the responsibility of the Service Provider to pay to the person deployed a sum

not less than the minimum wages prescribed under the prevailing act.

5.12 11. The Service Provider shall be solely responsible for the redressal of grievances or

resolution of disputes relating to persons deployed. The Department shall, in no way, be

responsible for settlement of such issues whatsoever.

5.13 12. The Authority shall not be responsible for any financial loss or any injury to any person

deployed by the Service Provider in the course of their performing the functions/duties, or for

payment towards any compensation.

5.14 13. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay,

perks and other facilities admissible to this office during the currency or after expiry of the

contract.

5.15 14. In case of termination of this contract on its expiry or otherwise, the persons deployed by

the Service Provider shall not be entitled to and shall have no claim for any absorption in

regular or other capacity.

5.16 15. The person deployed shall not claim any benefit or compensation or absorption or

regularization of deployment with office under the provision of rules and Acts. Undertaking

from the person deployed to this effect shall be required to be submitted by the Service

Provider.

5.17 16. The Service Provider must be registered with the concerned Govt. Authorities, i.e.

municipal Commission, service tax authority etc., and a copy of the registration should be

submitted.

5.18 17. In the event of any security personnel being on leave/absent, the service provider shall

ensure suitable alternative arrangement to make up for such absence. To meet such

eventualities, the agency shall make provision for leave reserve and provide the same under

intimation to the officer in charge of the respective station.

5.19 18. The Service Provider shall provide reasonably good uniform with name badges to its

personnel deployed at check gate at its own cost and ensure that they are used by the personnel

deployed and are maintained in good condition. The uniform, accessories such as, belt, shoes,

socks, caps, torch with cell, cane stick, gun, bullets, etc shall be borne/supplied by the Service

Provider at its cost. The clothes worn by the security guards while on active duty shall be such

that it would not hamper in his efficient performance. In particular, it will neither be too tight

nor too loose so as to obstruct movement or bending of limbs. Every deployed security guard

will carry a notebook and a writing instrument with him. Every private security guard, while on

active security duty, will wear and display the photo identity card issued on the outer most

garment above waist level in a conspicuous manner.

5.20 19. In case of any theft or pilferages, loss or other offences, the Service Provider will

investigate and submit a report to this office and maintain liaison with the police. FIR will be

lodged by the Incharge of the respective VTS Stations, wherever necessary. If needed, joint

enquiry will be conducted comprising both the parties and responsibility will be fixed.

5.21 20. In case of any loss that might be caused to the Station due to lapse on the part of the

security personnel discharging security responsibilities, such loss will be borne by the Service

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Provider and in this connection, Dy. Director General shall have the right to deduct appropriate

amount from the bill of contracting Service Provider to make good such loss to the Station

besides imposition of penalty. In case of frequent lapses on the part of the security personnel

deployed by the Service Provider, VTS Directorate shall be within his right to terminate the

contract forthwith or take any other action without assigning any reason whatsoever.

5.22 21. The persons deployed by the Service Provider should have good police records and no

criminal case should be pending against them.

5.23 22. The persons deployed should be polite, cordial and efficient while handling the assigned

work and their actions should promote good will and enhance the image of the Department or

office concerned. The Service Provider shall be responsible for any act of indiscipline on the

part of the persons deployed.

5.24

5.1.1 The Tenderers are requested to study the following instructions carefully before

submitting this quotation.

5.1.2 This work is in a functioning office premises and has to be done without any hindrance

to the functioning of the office within the Complex.

5.1.3 All waste materials shall not be permitted to be accumulated at the site in view of

limitation of space. The waste shall be disposed off away from site without any

complaints from Civic authorities and at the contractors risk and cost.

5.1.4 Carriage of materials to the work spot and removal of wastes and excess materials

from there shall be done without causing any hindrance to the movement of vehicles

and staff.

5.1.5 Hard copy of all papers connected with the Tender, including these instructions,

Schedule of item etc. should be signed and returned by the Tenderer to the office

while submitting the tenders. Incomplete and tenders not in the given format are liable

for rejection.

5.1.6 No alteration shall be made on the tender documents including the Schedule of items

by the Tenderers. Any discrepancies noticed in the tender documents shall be brought

to the notice of the concerned official of the DDG-VTS and any written instructions

received from the DDG-VTS, as reply will be deemed to have been incorporated

herein.

5.1.7 Before tendering, the Tenderer should visit the work site and ascertain himself on all

factors pertaining to the scope of works, restrictions on the working hours & days,

facilities available, etc.

5.1.8 The Tenderer should quote his rates and amounts for all items in the Tender Schedule.

All the rates & amounts quoted should be written both in figures and words and where

there is a difference between the two, the rates given in words will be taken as

authentic. Should there be any discrepancy between unit rate and amount, the unit rate

will be considered as the correct one. All arithmetical mistakes noticed during

verification of the tender shall be corrected.

5.1.9 The Tenders shall be valid for a period of at least 90 days from the date of submission

of the Tender.

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5.1.10 On acceptance of the tender, the successful Tenderer shall be given the Work order, in

duplicate and the duplicate copy has to be returned duly signed by the Contractors a

token of acceptance of the work order including the terms of the contract.

5.1.11 Incomplete tenders, conditional tenders, tenders received after the prescribed time

&date through courier/ post or by hand, tenders not conforming to the Terms and

Conditions prescribed in the Tender Documents and those which are not in the given

format shall be rejected.

5.1.12 The DDG-VTS reserves the right to increase or decrease the tendered quantity of any

or every item and delete any item at any stage of work. Contractor shall execute the

increased quantity at the accepted tender rates. The contractor’s claim for

compensation or damages in this respect shall not be entertained.

5.2 FRAMING OF CONTRACT

This contract shall be framed and operated as an Indian Contract in all the respects and in

conformity with Indian laws. Law suits and others proceedings arising out of or in connection with

the contract works shall be instituted in Courts of Law of Gandhidham, Gujarat.

5.3 PAYMENT FOR WORKS

The Contract provides for payment of the Contract Price in Indian Rupees only as per

schedule as mentioned in section VII.. The bidders are required to explicitly quote for these

components in their bid failing which their bid shall be liable to be rejected 5.4 Paying Authority and Payment Conditions

(a) All the payments will be made by the Deputy Director General, VTS, Directorate of

Lighthouses & Lightships, Gandhidham.

(b) Any request for Advance Payment shall not be entertained. (c) The payment to the contractor would be strictly on certification by the site Incharge.

100% payment of a calender month will be released after completion of the claimed

calender month after deductions of applicable service tax & TDS.

5.16 KNOWLEDGE OF THE LAWS OF THE LAND

The Contractor shall keep himself fully informed of all acts and laws of the Union of India

and State of Gujarat, all local bye laws, ordinances, rules, regulations and all orders and decree of

bodies or, tribunals having any jurisdiction or authority which in any way affect the conduct of the

works. Contractor shall at all times, observe and comply with all such laws, ordinances, rules,

regulations, orders and decrees, and shall give all notices and pay out of his own money any fees or

charges to which he may be liable. He shall protect and indemnify the Employer against any claim or

liability arising out of violations of any such law, ordinances, legislations, order or decree.

Deputy Director General-VTS

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GOVERNMENT OF INDIA MINISTRY OF SHIPPING

DIRECTORATE GENERAL OF LIGHTHOUSES AND LIGHTSHIPS

VTS DIRECTORATE GANDHIDHAM-370201

Section VI

Providing of round the clock Security services at MCC Kandla

station.

SCOPE OF WORKS

To provide round the clock security service for proper functioning and in order to strengthen

the administration and better security management of the premises, During continuance of the

contract, security agency so appointed shall take over the responsibility for providing total

security in the MCC Kandla Station, MCC Kandla including Buildings, Gardens, Open Areas,

Machinery and Equipment including DG sets, fire hydrant and alarm system and all the

movable and immovable properties (or otherwise throughout the campus of ) contained

therein including the old constructed buildings.

The scope of services to be rendered under this agreement includes:

1. To ensure security of movable and im-movable property of VTS Station against theft or

damage. They should take full responsibility on thefts and losses of properties and take

immediate action to restore the articles or damages.

2. To check people on entry/exit from both the gates based on Identity cards system, issue of

passes or other systems introduced by VTS Station , and maintains visitor’s record.

3. Thorough checking of incoming and outgoing materials against proper Gate. Pass duly

signed by the authorized signatory.

4. To keep proper records of incoming and outgoing materials by maintaining a proper register.

5. To ensure that no hawker marketing persons or vendors are allowed inside the Campus

without permission

6. To bring to notice any suspicious activity noticed during discharge of duties by security

guards.

7. To attend fire-fighting operations i.e. capable of handling fire hydrants, wet risers and

attending fire alarm system whenever required.

8. To respond to phones/calls during night or during day, before and after office hours on

emergency basis. A record of such phone calls received shall be maintained by them.

9. To manage keys of doors inside VTS Station building/office vehicles etc. and issue to the

authorized and designated Officers/persons only. Maintenance of the duplicate keys of all

locks and other places in a sealed Box for use in exigencies/emergencies. The contractors

should handover all the keys to the VTS Station management after the expiry of the

contract. In case of any loss, mishandling, etc., and the cost of the same would be recovered

from their bills or security deposit.

10. To switch off and switch on electrical switches, closing of water taps etc., after the office

hours in co-ordination with House Keeping and Electrical Maintenance Staff.

11. To convey message whenever received to the concerned officials and to receive urgent

mails/telegrams during odd hours.

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12. To arrange and control the traffic at both the gates and ensure that no vehicles including

autos are parked opposite the gates and that proper parking of the vehicles is made in the

parking places. Necessary permission is required from City Traffic Police shall be obtained by

the Security Contractors for this purpose.

13. To maintain records of arrival and departure of staff cars.

14. The Service Provider shall provide security services by deploying adequately trained and

well disciplined security personnel. They will safeguard the premises, movable and immovable

assets, and equipments.

15. The security personnel shall be deployed round the clock in 3 shifts at the Check gate to

work in the premises on 24×7 basis.

16. The Service Provider shall ensure proper inward and outward movement of men, materials

and vehicles, etc as per instructions given from time to time by the officer in charge of the

station.

17. To carry out surveillance of the allocated area.

18. Any other services on need basis as and when informed by the officer in charge of the

station.

19.The security personnel deployed shall take regular rounds of the premises in and around the

station and should be vigilant and remain alert to avoid any unforeseen event.

20. The security personnel must be duly trained in Fire Safety Operations. They should be

trained to operate various fire control equipment, if any, installed at the check gate. The Service

Provider shall produce proof that the personnel provided have been trained in fire safety

operation from the recognized institutions.

21. Security agency shall verify character, antecedents of security personal before deployment in the

Campus and shall furnish names of security guards with photographs, local address and permanent

address for record by AE ( E ) , MCC Kandla and shall notify any change in their address.

22. Security Guards will not be changed by security agency so frequently until and unless so

warranted and permitted by the office.

23. Security Guards shall be in position in full and proper uniform wearing identity cards, badges,

etc.

24. Sub-letting of contract shall not be permitted.

25. MCC Kandla not be responsible to provide any residential accommodation to security personal

deployed by security agency.

26. If any of the Security Guards would be found involved in any kind of theft or sabotage or

pilferage, the security agency shall be responsible for recovery of stolen articles and value thereof

shall be deducted from the Bill. In addition, penalty of 10% of the bill shall also be recovered from

security agency.

27. Security agency shall ensure compliance of all statutory laws and obligations under Gujarat

Govt./Central Govt. enactments.

28. Each monthly bill shall be supported by an attendance sheet for service rendered by Security

agency. Proper attendance register of all the supervisors/security for all shifts at different locations

will be maintained.

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29. Security agency shall disburse wages to its workers deployed in MCC Kandla Campus as per

the prevalent minimum wages fixed by Central Govt./Gujarat Govt. whichever is higher and in the

presence of a designated representative of DDG- VTS.

30. The agency may require to coordinate/liase with local authorities such as Gujarat Police/Traffic

Police etc. in connection with the security services as per requirement of prevailing legislation in

such matters as called for. 31. It is the responsibility of the Security Guard to maintain all the registers including security

services such as Inward, Outward, Gate Pass, attendance of other service providers like

Housekeeping, Landscaping etc. They should also monitor and maintain the records for Tanker and

Drinking water suppliers. In case of any tampering or alterations of records found, the DDG- VTS

management has reserves the right to deduct one day salary of the concerned Security Guard.

Deputy Director General-VTS

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SECTION – VII

Technical Evaluation

The Technical Evaluation shall be carried out based on following attributes to ascertain

the quality of bid-

TECHNICAL EVALUATION CRITERION

SR

NO

LISR OF DOCUMENTS EVALUATION CRITERION REMARKS

EMD TENDER FEE AND

EMD IS

MANDETORY TENDER FEE

A Average Annual Turn over-20Marks Full Marks if Turn Over is Rs 500000/- per

year.

B Experience in similar class of works-40

Marks

i) 60% marks for minimum Eligibility

Criterion

ii) 100% marks for twice the minimum

Eligibility Criterion or more

C Liability Registration-10 Marks Registration with

Municipality/Municipal

Corporation/Local

Govt body.

i) Income Tax Return-5 Marks

ii) PAN Card -5 Marks

iii) Service Tax-5 Marks

iv) Sale Tax/VAT – 5 Marks

Undertaking

a) No condition in commercial bid-5 Marks

b) Firm is not under any litigation-5 Marks

Total Marks

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ANNEXURE –I

EARNEST MONEY DEPOSIT

1. Bidder should prepare the EMD as per the instructions specified in the NIT/tender document.

2. Earnest Money Deposit for amounting to Rs. 4743/- shall be furnished in the form of Demand

Draft/ FDR/ Banker Cheque from any Nationalized Bank, in favour of the Deputy Director

General-VTS, Dept of LHLS. EMD in any other form shall not be accepted.

3. Scanned copy of EMD should be submitted online with Cover-1 (i.e. Technical Bid).

4. The original of EMD should be submitted to the DDG-VTS on or before the last date and time of

the bid submission. Bidder should send the EMD through Post/Courier service/in person.

5. DDG-VTS shall not be responsible for any delay or loss, due to Postal/Courier services. The

details of the demand draft/bank guarantee, physically sent should tally with the details available

in the scanned copy & data entered during the bid submission time, otherwise the uploaded bid

shall liable to be rejected.

5. Earnest Money Deposit of the unsuccessful bidders shall be returned after completion of the

processing of bids.

6. The full EMD will be forfeited by the DDG-VTS if,

a) The bidder withdraws his bid during bid validity period. b) The bidder makes any modification in the terms & conditions of the Bid at his own. c) The bidder does not accept corrigendum/addendum issued by the DDG-VTS or any

corrections raised due to error in filling the bid. d) The successful bidder fails to sign the agreement within 15days from the issue of award

of the contract. e) The successful bidder fails to furnish valid bank guarantee for contract performance

within 15 days from the issue of award of the contract.

***

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ANNEXURE – II

PERFORMANCE BANK GUARANTEE (For Providing of Security service at MCC Kandla VTS Station, Gujarat)

To

The Deputy Director General-VTS Directorate General of Lighthouses & Lightships,

VTS Directorate , Gandhidham-370201

1. With reference to the letter No dated ………..for the work “Providing of Security

service at MCC Kandla Station, Gujarat ” issued by the Deputy Director General,

Directorate General of VTS hereinafter referred to as "Owner" and M/s …………. (Name of' contractor) hereinafter to be referred to as "Contractor" on the other part.

2. We ……………………(name of Bank) the undersigned hereby guarantee due performance of

obligations undertaken by contractor according to the above-mentioned acceptance with appertaining

contract documents, against the DDG-VTS. If the contractor, in the binding opinion of the DDG-

VTS, does not properly perform and carry out any of the obligations under the above contract and if

the contractor. fails within 15 days of written notice by DDG-VTS drawing attention to such failure to

take such steps as reasonably to satisfy DDG-VTS, we do hereby irrevocably, absolutely and

unconditionally undertaken to pay immediately to the DDG-VTS on its order without any demur, any

sum up to and not exceeding Rs. ……………………(amount) being 10% of the basic contract value,

which DDG-VTS may ascertain and claim under any title or for any reasons whatsoever upon the first

written request to this effect from the DDG-VTS, there being no need for the DDG-VTS to issue any

declaration, or to take action through legal or judicial execution or other authorities and also there

being no need to prove the default of the contractor, the correctness or the Incorrectness thereof.

However, our liability under this guarantee shall be restricted to an amount not exceeding

………………..(Amount). 3. This letter of guarantee will be valid upto and including Ninety days beyond the period of validity of the contract as stipulated in the above mentioned contract and upon written request of the DDG-VTS it will be extended according to the stipulation of the same contract. 4. Should we be unable or unwilling to extend the validity period to this Guarantee letter or

should the contractor fail to make arrangements with us for extension .of this letter of

Guarantee prior to the expiration of the above maturity date, or should the Contractor fail to

make arrangements with us to agree with the extension, then we do hereby irrevocably,

absolutely and unconditionally undertake to pay to DDG-VTS without demur, on the DDG-

VTS's order, the above mentioned amount, there being no need for reclaiming.

5. We…………………..(Name of Bank) further agree that the guarantee herein contained, comes into

force with immediate effect until the period said, as in para 3 as above unless a demand or claim

under this guarantee is made on use in writing before that date, we shall be discharged from all

liability under this guarantee thereafter. Dated this………………..,day of……………….. 2016.

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ANNEXURE – III TENDER ACCEPTANCE LETTER (To be given on Company Letter Head)

Date: To,

The Deputy Director General-VTS Directorate General of Lighthouses & Lightships,

VTS Directorate , Gandhidham-370201

Sub: - Acceptance of Terms & Conditions of Tender.

Tender Reference No: dated…….

Name of Tender/Work: Providing of Security service at MCC Kandla, Gujarat

Dear Sir,

1. I/We have downloaded/obtained the tender document(s) for the above mentioned

‘Tender/Work’ from the website(s) namely:

_________________________________________________________________________________ _______________________________________________________________ as per your advertisement, given in the above mentioned website(s).

2. I/We hereby certify that I/We have read the entire Terms & Conditions of the Tender

Documents from Page No.___ to ____ (including all documents like annexure(s), schedule(s), etc.,),

which form part of the contract agreement and I/We shall abide hereby the terms/conditions/clauses

contained therein.

3. The corrigendum(s) issued from time to time by your department/organization too have also

been taken into consideration, while submitting this acceptance letter.

4. I/We hereby unconditionally accept the tender condition of above mentioned tender

document(s)/corrigendum(s) in its totality/entirety.

5. In case any provisions of this tender are found violated, then your department/organization

shall without prejudice to any other right or remedy be at liberty to reject this tender/bid including the

forfeiture of the full said Earnest Money Deposit absolutely.

Yours faithfully,

(Signature of the Bidder, with Official Seal)

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Annexure-IV

UNDERTAKING (On letter head of the firm)

I………….………………………son of Shri……………………………………… authorized

signatory to sign the bid on behalf of M/S ………………………………… ……………………………………………………………………

[being the sole bidder/lead partner for Providing of Security service at MCC Kandla ,

Gujarat do hereby give an undertaking that

(i) the price bid does not contain any condition. (ii) we have not made payment or illegal gratification to any person/authority connected

with the bid process, so as to influence the bid process and have not committed any

offence under PC Act in connection with the bid. (Seal of the Company)

Date…………………….. Signature of the bidder………………………

or his Authorised signatory

Place……………………. Name of the bidder………………………….. or his Authorised signatory

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Schedule of rates

Sl

No

.

Item Description Qty Unit Rate

Total

Amount

(Rs)= E=(A X D)

Rate/person/

month

Service.

Tax@ 15%

Total

(A) (B) (C) D=(B+C)

1 Providing round the clock Security

Services at MCC Kandla on Contract basis.”06 Months (Aug 16 to

Jan 17)

3 No

x 12

Each

Total (In Figure and words)

Rate should not be lesser than the minimum wage norm as per the Government of Gujarat.

Signature of Contractor

Dy. Director General-VTS